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Congressional Record, Senate, July 21, 2020 — National Defense Authorization Act Amendment Votes

Summary

Page S4321 of the Senate section of the Congressional Record for July 21, 2020, from a very long page of the National Defense Authorization Act debate, in interleaved columns. Mr. Schatz asks unanimous consent to start the vote on his amendment No. 2252, and the yeas and nays are ordered. Amendment text adds respect for the rights of citizens under the Constitution and de-escalation of force to a property transfer program, and makes certain property not transferrable. A tribute remembers a man as a passionate mental health advocate for veterans, and a speaker urges more effective use of OSHA.

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“Congressional Record, Senate, July 21, 2020 — National Defense Authorization Act Amendment Votes.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-21-crec-2020-07-21-pt1-pgs4321-2-4c6122fd12/, SHA-256 c6039fa259082d1ff31b197e9e620a64665ffc693d09c2c58cdc455a2ecdc33b.

Full text

                                               July 21, 2020                                      CONGRESSIONAL RECORD — SENATE                                                                   S4321
                                                 Mr. SCHATZ. Madam President, I                          States Code, is amended by inserting before             bled when called to order by the Pre-
                                               ask unanimous consent that we start                       the period at the end the following: ‘‘, in-            siding Officer (Mrs. CAPITO).
                                               the vote now.                                             cluding respect for the rights of citizens
                                                                                                                                                                                  f
                                                                                                         under the Constitution of the United States
                                                 The PRESIDING OFFICER. Is there
                                                                                                         and de-escalation of force’’.                           NATIONAL DEFENSE AUTHORIZA-
                                               objection?                                                  (b)       CERTAIN        PROPERTY         NOT
                                                 Without objection, it is so ordered.                                                                              TION ACT FOR FISCAL YEAR
                                                                                                         TRANSFERRABLE.—Such section is further                    2021—Continued
                                                 Under the previous order, the ques-                     amended—
                                               tion occurs on agreeing to the Schatz                       (1) by redesignating subsections (e) and (f)            The PRESIDING OFFICER. The Sen-
                                               amendment No. 2252.                                       as subsections (f) and (g), respectively; and           ator from Wyoming.
                                                 The yeas and nays were ordered.                           (2) by inserting after subsection (d) the fol-                         BUDGET
                                                 The clerk will call the roll.                           lowing new subsection (e):                                Mr. ENZI. Madam President, I rise
                                                 The bill clerk called the roll.                           ‘‘(d) PROPERTY NOT TRANSFERRABLE.—The
                                                                                                                                                                 today to discuss our Federal finances
                                                                                                         Secretary may not transfer to a Tribal,
                                                 The result was announced—yeas 51,                                                                               and     the   need    to    address    our
                                                                                                         State, or local law enforcement agency
                                               nays 49, as follows:                                      under this section the following:                       unsustainable fiscal debt and deficit.
                                                           [Rollcall Vote No. 132 Leg.]                    ‘‘(1) Bayonets.                                         The Federal budget has already been
                                                                    YEAS—51                                ‘‘(2) Grenades (other than stun and flash-            on an unsustainable path before
                                               Baldwin           Harris              Peters              bang grenades).                                         COVID–19 reached our shores and be-
                                               Bennet            Hassan              Reed                  ‘‘(3) Weaponized tracked combat vehicles.             fore the pandemic and our govern-
                                               Blumenthal        Heinrich            Rosen                 ‘‘(4) Weaponized drones.’’.                           ment’s response to it, which has accel-
                                               Booker            Hirono              Sanders                       VOTE ON AMENDMENT NO. 2411
                                               Brown             Jones               Schatz
                                                                                                                                                                 erated what I believe is a coming day
                                               Cantwell          Kaine               Schumer               The PRESIDING OFFICER. Under                          of reckoning.
                                               Cardin            King                Shaheen             the previous order, the question occurs                   I recognize the unprecedented crisis
                                               Carper            Klobuchar           Sinema              on Inhofe amendment No. 2411.                           presented by COVID–19. I support the
                                               Casey             Leahy               Smith
                                               Coons             Manchin             Stabenow              Mr. INHOFE. Mr. President, I ask for                  necessary response. Together, Congress
                                               Cortez Masto      Markey              Tester              the yeas and nays.                                      has passed and the President has
                                               Daines            Menendez            Udall                 The PRESIDING OFFICER. Is there a                     signed five separate pieces of legisla-
                                               Duckworth         Merkley             Van Hollen
                                               Durbin            Murkowski           Warner
                                                                                                         sufficient second?                                      tion responding to the pandemic and
                                               Feinstein         Murphy              Warren                There appears to be a sufficient sec-                 its economic fallout that together will
                                               Gardner           Murray              Whitehouse          ond.                                                    cost more than $2 trillion.
                                               Gillibrand        Paul                Wyden                 The clerk will call the roll.                           I never would have supported tril-
                                                                   NAYS—49                                 The senior assistant legislative clerk                lions in new spending unless I truly be-
                                               Alexander         Fischer             Risch               called the roll.                                        lieved that it was necessary to combat
                                               Barrasso          Graham              Roberts               The result was announced—yeas 90,                     the virus and prevent economic catas-
                                               Blackburn         Grassley            Romney              nays 10, as follows:                                    trophe resulting from the government
                                               Blunt             Hawley              Rounds
                                               Boozman           Hoeven                                              [Rollcall Vote No. 133 Leg.]                shuttering the economy. I know many
                                                                                     Rubio
                                               Braun             Hyde-Smith          Sasse                                    YEAS—90                            of my colleagues feel that same way.
                                               Burr              Inhofe              Scott (FL)          Alexander         Gardner              Portman
                                                                                                                                                                   When this crisis abates—and it will—
                                               Capito            Johnson             Scott (SC)                                                                  the Federal Government cannot afford
                                                                                                         Baldwin           Gillibrand           Reed
                                               Cassidy           Kennedy
                                               Collins           Lankford
                                                                                     Shelby              Barrasso          Graham               Risch            to return to the status quo of
                                                                                     Sullivan            Bennet            Grassley             Roberts          unsustainable budgets and surging debt
                                               Cornyn            Lee
                                                                                     Thune               Blumenthal        Hassan               Romney
                                               Cotton            Loeffler
                                                                                     Tillis              Blunt             Heinrich             Rosen            that jeopardizes the prosperity of fu-
                                               Cramer            McConnell
                                               Crapo             McSally             Toomey              Boozman           Hirono               Rounds           ture generations. We have to start seri-
                                                                                     Wicker              Braun             Hoeven               Rubio            ous conversation about how we are
                                               Cruz              Moran
                                                                                     Young               Brown             Hyde-Smith           Sasse
                                               Enzi              Perdue
                                                                                                         Burr              Inhofe               Schatz
                                                                                                                                                                 going to pay our bills and put our fi-
                                               Ernst             Portman                                                                                         nances on a more sustainable path. We
                                                                                                         Cantwell          Johnson              Schumer
                                                 The PRESIDING OFFICER (Mr.                              Capito            Jones                Scott (FL)       can justify aggressive borrowing and
                                                                                                         Cardin            Kaine                Scott (SC)       spending as necessary during times of
                                               CRUZ). On this vote, the yeas are 51, the                 Carper            King                 Shaheen
                                               nays are 49.                                              Casey             Klobuchar            Shelby           crisis, but that can’t be the default.
                                                 Under the previous order, the 60-vote                   Cassidy           Lankford             Sinema             So far this fiscal year, we have al-
                                               threshold having not been achieved,                       Collins           Leahy                Smith            ready run up a deficit of $2.7 trillion in
                                                                                                         Coons             Lee                  Stabenow
                                               the amendment is not agreed to.                           Cornyn            Manchin              Sullivan
                                                                                                                                                                 1 year, more than triple the size of the
                                                 The Senator from Oklahoma.                              Cortez Masto      McConnell            Tester           deficit we ran at the same time last
                                                               AMENDMENT NO. 2411                        Cramer            McSally              Thune            year. The Congressional Budget Office
                                                                                                         Crapo             Menendez             Tillis           says that we are on track to spend $3.7
                                                 Mr. INHOFE. Mr. President, I call up                    Cruz              Merkley              Toomey
                                               my amendment No. 2411 and ask that it                     Daines            Moran                Udall            trillion more than we take in this year,
                                               be reported by number.                                    Duckworth         Murkowski            Van Hollen       and that is assuming we don’t pass new
                                                 The PRESIDING OFFICER. The                              Durbin            Murphy               Warner           COVID legislation. By the end of the
                                                                                                         Enzi              Murray               Whitehouse
                                               clerk will report the amendment by                        Ernst             Paul                 Wicker
                                                                                                                                                                 fiscal year, our publicly held debt will
                                               number.                                                   Feinstein         Perdue               Wyden            exceed the size of our economy and, by
                                                 The senior assistant legislative clerk                  Fischer           Peters               Young            the end of next year, debt as a percent-
                                               read as follows:                                                               NAYS—10                            age of the economy will be higher than
                                                 The Senator from Oklahoma [Mr. INHOFE]                  Blackburn         Hawley               Sanders
                                                                                                                                                                 it has ever been in our history. I have
                                               proposes an amendment numbered 2411 to                    Booker            Kennedy              Warren           a little chart here that demonstrates
                                               amendment No. 2301.                                       Cotton            Loeffler                              that.
                                                                                                         Harris            Markey                                  We have been fortunate the interest
                                                 The amendment is as follows:
                                               (Purpose: To impose additional conditions                   The PRESIDING OFFICER. On this                        rates on our debt are currently low,
                                                 and limitations on the transfer of Depart-              vote, the yeas are 90, the nays are 10.                 and the government has been able to
                                                 ment of Defense property for law enforce-                 Under the previous order requiring 60                 borrow the funds necessary to address
                                                 ment activities)                                        votes for adoption of this amendment,                   the crisis caused by the pandemic. The
                                                 At the end of subtitle E of title X, insert             the amendment is agreed to.                             dollar has remained relatively strong,
                                                                                                                                                                 helping to keep inflation low. The U.S.




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                                               the following:                                                              f
                                               SEC. 1052. ADDITIONAL CONDITIONS AND LIMITA-                                                                      dollar remains the world’s reserve cur-
                                                            TIONS ON THE TRANSFER OF DE-                                  RECESS                                 rency and the safe haven for invest-
                                                            PARTMENT OF DEFENSE PROPERTY                   The PRESIDING OFFICER. Under
                                                            FOR LAW ENFORCEMENT ACTIVI-
                                                                                                                                                                 ments in the current time of crisis.
                                                            TIES.                                        the previous order, the Senate stands                     But how long will that be the case if
                                                 (a) ADDITIONAL TRAINING OF RECIPIENT                    in recess until 2:15 p.m.                               we continue to run trillion-dollar defi-
                                               AGENCY PERSONNEL REQUIRED.—Subsection                       Thereupon, the Senate, at 12:59 p.m.,                 cits each year? Future Congresses will
                                               (b)(6) of section 2576a of title 10, United               recessed until 2:15 p.m., and reassem-                  not have the same flexibility to deal



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                                               S4322                                             CONGRESSIONAL RECORD — SENATE                                                            July 21, 2020
                                               with their own crises if we leave them                   autopilot without ever being voted on                  will find that all of their money has
                                               saddled with an enormous national                        or ever being evaluated again. Nobody                  been spent, and all they can do is pay
                                               debt. They will not be able to fund new                  runs a business like that. Even though                 more taxes.
                                               emergency programs without cutting                       these programs are allowed to bypass                     I am frustrated that we are spending
                                               other spending or raising revenues.                      the annual appropriations process,                     billions without so much as a discus-
                                                 That is why it is so critical that we                  most of them don’t have any dedicated                  sion about how to pay for things. Yes,
                                               get a hold of our debt and deficits once                 revenue to pay for the spending. And                   we needed a strong response to the
                                               we emerge from this pandemic. Regard-                    those that do collect their own revenue                COVID virus, but I am disappointed
                                               less of what some people far outside of                  often spend more than they take in—                    that we can’t work together on respon-
                                               the economic mainstream are saying,                      with no vote. It just happens. Even be-                sible solutions, even modest efforts
                                               there are constraints on how much                        fore the pandemic, the Congressional                   like a paid-for fix for our parks and
                                               government can borrow and spend                          Budget Office projected that Social Se-                public lands maintenance that I men-
                                               without triggering higher interest                       curity spending over the next 10 years                 tioned would already be paid for by for-
                                               rates or inflation. If we just start                     would total $15.2 trillion. But listen to              eign visitors. I am dismayed that we
                                               printing money to pay for over-                          this: The program’s dedicated tax reve-                keep digging the hole deeper for future
                                               spending, our country could face the                     nues would only cover $12.5 trillion of                generations. We all owe it to them to
                                               curse of stagflation, a combination of                   that—$15.2 trillion cost; $12.5 trillion               do better, and I hope we start to do it
                                               high inflation and low to no economic                    revenue. Medicare’s taxes and pre-                     soon.
                                               growth. We haven’t had to think about                    miums were projected to cover only                       I yield the floor.
                                               this type of devastating combination                     half of the program’s $12.6 trillion                     I suggest the absence of a quorum.
                                               since the late seventies, and that is                    spending over the next 10 years. We put                  The PRESIDING OFFICER. The
                                               economic history we should not repeat.                   the rest of it on the Nation’s credit                  clerk will call the roll.
                                                 Even if we have the capacity for sig-                  card left to be paid for by future gen-                  The senior assistant legislative clerk
                                               nificant, one-time emergency spending,                   erations. What kind of a crisis are they               proceeded to call the roll.
                                               we should bear in mind the fact that                     going to have?                                           Mrs. SHAHEEN. Madam President, I
                                               the Federal Government doesn’t have a                      This chart shows again that this is                  ask unanimous consent that the order
                                               good track record of reducing spending                   the revenue coming in for Social Secu-                 for the quorum call be rescinded.
                                               after it has ratcheted it up during a                    rity, and this is the additional we have                 The PRESIDING OFFICER. Without
                                               crisis.                                                  to borrow. This is the money coming in                 objection, it is so ordered.
                                                 I would remind my colleagues of the                    from Medicare, and this is the addi-                                    S. 4049
                                               old adage: There is nothing so perma-                    tional we have to borrow. Medicaid, we                   Mrs. SHAHEEN. Madam President, I
                                               nent as a temporary government pro-                      borrow every bit of it. The total rev-                 come to the floor today to speak in
                                               gram. We are already hearing calls to                    enue that we receive will not cover                    support of Senate amendment No. 1729,
                                               extend or make permanent many of the                     these deficits, so everything else that                which I hope will be added today to the
                                               temporary entitlement expansions en-                     we do we will have to borrow for it.                   National Defense Authorization Act.
                                               acted in previous bills.                                   If the interest rate were to go up to                The goal of this amendment is to fin-
                                                 More legislation may be needed to                      its norm of 5 percent, we wouldn’t be                  ish—what I hope is to finish a public
                                               combat the virus and help the econ-                      able to do defense; we wouldn’t be able                health study that we began with legis-
                                               omy, but we cannot use the crisis to                     to do education; we wouldn’t be able to                lation in 2017 to address the contami-
                                               justify opening the spending floodgates                  do anything else, infrastructure or oth-               nant known as PFAS. I know the Pre-
                                               and borrowing from future generations                    erwise, that we expect the Federal Gov-                siding Officer knows about this because
                                               to fund nonemergency priorities. Low                     ernment to do for us. We have to start                 she has that chemical in her State as
                                               interest rates do not mean that govern-                  getting control of it. It isn’t an unlim-              well.
                                               ment spending is free or that we don’t                   ited source of money. We are putting it                  I want to begin by commending the
                                               need to spend it wisely.                                 on the Nation’s credit card, and the fu-               work of the Armed Services Com-
                                                 The House of Representatives has                       ture generations will have to pay for it.              mittee—both Chairman INHOFE and
                                               passed a bill that the Congressional                       There are a couple of ways you can                   Ranking Member REED for working
                                               Budget Office says will cost nearly $3.5                 pay for it. One is to eliminate the serv-              with me to establish the first ever
                                               trillion. That is more than the cost of                  ices. The other one is to increase reve-               human health study of PFAS and to in-
                                               all the COVID–19 legislation we have                     nues. Another one, of course, is to                    stitute policies that will phase out the
                                               already enacted combined. Are we to                      eliminate a lot of duplication that we                 Defense Department’s use of these
                                               believe every penny of that is abso-                     have, but we don’t even have an appe-                  chemicals over the next several years.
                                               lutely necessary?                                        tite for that.                                           We began this journey in 2017 when
                                                 A $60 billion bailout for union pen-                     We have over 100 housing programs.                   we put $10 million into a health
                                               sions? A massive giveaway for wealthy                    Tell me there is no duplication in 100                 study—the first of its kind in the coun-
                                               individuals living in high-tax States?                   housing programs, but we don’t look at                 try—to look at the impacts of PFAS on
                                               Billions in student loan forgiveness for                 them. Most of them are mandatory. So                   humans. At that time, we authorized
                                               all borrowers, regardless of income and                  we can just ignore the impacts of them                 $10 million for 3 years. Unfortunately,
                                               ability to pay?                                          and the fact that we have multiple ad-                 because of the coronavirus pandemic, it
                                                 We should not view this crisis—a cri-                  ministrators doing the same job, and                   is taking longer to complete the study
                                               sis that claimed over 130,000 American                   we don’t even know if it is effective.                 than we had hoped, so we are going to
                                               lives and left millions out of work—as                     I have been trying for a long time                   need some additional funding.
                                               an opportunity to enact things that                      through the Budget Committee to get a                    There is real urgency in addressing
                                               have nothing to do with the pandemic.                    list of the programs we fund. Now, you                 PFAS. As many of us know, PFAS
                                                 And it is not just the lower Chamber.                  would think, if we are writing checks,                 chemicals have emerged as widespread
                                               The Senate recently approved $17 bil-                    that we would have a list of programs,                 pollutants in the drinking water
                                               lion in new mandatory spending for the                   wouldn’t you? We don’t have a list of                  sources of military bases across this
                                               Land and Water Conservation Fund                         programs. We don’t know what we own.                   country. The main reason is because
                                               and park and public lands mainte-                        We don’t know when it is going to wear                 PFAS chemicals were used in fire-
                                               nance. We refused to consider an                         out. We don’t know what the cost of re-                fighting foam that was used by the
                                               amendment to even try to pay for that                    placement would be. All are very basic                 armed services.




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                                               bill, an attempt that would have most-                   business decisions, but we just keep                     The number of military installations
                                               ly charged foreigners visiting our                       sliding everything over to mandatory                   with known or suspected contamina-
                                               parks. As I said, if we don’t try to pay                 so it has to be paid for regardless of                 tion from PFAS continues to rise. In
                                               for that bill, what will we pay for?                     whether we have any money or not,                      March, DOD updated its count of mili-
                                                 We are just adding to an already long                  and we don’t even look at them. That                   tary installations impacted by these
                                               list of unfunded mandatory spending                      has to change, and it has to change                    materials from 401 across the country
                                               programs that we allow to operate on                     rapidly or our kids and our grandkids                  to 651—651 military installations—



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S4323
                                               which means that they are in almost                      blood. Michelle was exposed to the con-                throughs and steady demand for this
                                               every State in the United States, and                    taminated water in January of 2011                     high-tech industry. Storied American
                                               other studies have reported that this is                 when she started working on the base.                  companies like Intel, IBM, Texas In-
                                               actually a conservative estimate.                        Her youngest child has attended                        struments, Micron, and others com-
                                                 We don’t yet know what the long-                       daycare at Pease since he was 12 weeks                 mercialized and then perfected this
                                               term risks of exposure to PFAS are be-                   old, but, of course, he was exposed to                 technology. Brilliant American entre-
                                               cause we are still trying to get re-                     contamination since conception.                        preneurs and engineers kick-started
                                               search into that, but studies have al-                     Stories like Andrea’s, Alayna’s, and                 the digital revolution that shaped the
                                               ready linked these chemicals—and                         Michelle’s are not limited to Ports-                   modern world. That was then. Today,
                                               there are hundreds of chemicals in the                   mouth, sadly. Contamination from                       sadly, most semiconductors are not
                                               PFAS category—to a number of ad-                         PFAS is not limited to military bases                  made in the U.S.A.
                                               verse health effects.                                    and airports. That is why this long-                     We have learned during this pan-
                                                 The potential ties between PFAS and                    term health study is so important, and                 demic how dangerous it is to rely on
                                               various forms of cancer are of par-                      it is so critical that we complete it. We              distant factories and overstretched
                                               ticular concern to firefighters who may                  need to know what the research says                    supply chains that can be compromised
                                               have experienced exposure during fire-                   are the dangers of PFAS.                               by emergencies or enemies. Well, al-
                                               fighting and fire-training exercises.                      Since Congress authorized the study                  most three-quarters of the world’s ca-
                                                 On June 11, the Agency for Toxic                       in 2017, the ATSDR and Centers for Dis-                pacity to make computer chips is lo-
                                               Substances and Disease Registry,                         ease Control have been working to                      cated in just a handful of countries in
                                               ATSDR—works as part of the Centers                       identify the health effects of PFAS ex-                East Asia—closer to Communist China
                                               for Disease Control—issued a state-                      posure, starting with the former Pease                 than our shores and all within range of
                                               ment expressing concern about how                        airbase in Portsmouth. There are                       the missiles of the People’s Liberation
                                               PFAS exposure can impact the risk of                     other—I believe there are seven other                  Army.
                                               COVID–19 infections. Now, for all of us                  sites around the country that have                       China is investing huge sums—pos-
                                               who have constituents who have been                      been designated as part of this study.                 sibly $150 billion—in its semiconductor
                                               exposed to PFAS, we know this has                        Unfortunately, due to COVID–19, as I                   industry. This investment is paying
                                               caused a lot of sleepless nights for                     said earlier, the agencies expect addi-                off. For the first time ever, last year
                                               countless American families both in                      tional costs associated with continuing                China surpassed the United States in
                                               New Hampshire and across the country                     the study, as well as a 1-year delay in                its capacity for manufacturing ad-
                                               who have been living and working near                    finalizing the results.                                vanced chips. China is projected to sur-
                                               sites contaminated by these materials.                     I think we could all agree that fami-                pass Japan and South Korea in the
                                                 In my State of New Hampshire, the                      lies who have been exposed to these                    next 2 years, which would put it behind
                                               city of Portsmouth, which was the                        chemicals deserve answers. What my                     only Taiwan, an island just 80 miles off
                                               home of the former Pease Air Force                       amendment would do is provide addi-                    its shore, which, I must remind you,
                                               Base, closed a major water supply well                   tional funding for the PFAS health                     the PLA regularly trains to invade.
                                               located at that airbase after the Air                    study to ensure that ATSDR and CDC                       We cannot allow China to dominate
                                               Force found PFAS in the drinking                         can complete their work and do it                      production of computer chips. Doing so
                                               water at levels 121⁄2 times higher than                  without delay.                                         would be a grave threat that could
                                               the provisional health advisory from                       The safety of our drinking water is                  allow a corrupt clique of Communists
                                               the Environmental Protection Agency                      essential, and it is nonnegotiable. The                to impose a high-tech tyranny on the
                                               at that time. That number has changed                    potential serious health effects associ-               rest of the world. That is why I am of-
                                               since then.                                              ated with exposure to PFAS chemicals                   fering a bipartisan amendment, along
                                                 Moreover, State health officials de-                   demand moving forward with policies                    with Senators CORNYN, SCHUMER, WAR-
                                               termined that more than 1,500 people,                    that will protect our communities, es-                 NER, and others, to ensure American
                                               including    children    who    attended                 pecially our men and women in uni-                     leadership in computer chips in the
                                               daycare centers near the site, have ele-                 form. Senate amendment 1729 would                      face of this Chinese threat. Our pro-
                                               vated levels of PFAS in their blood                      help to do just that.                                  posal calls for key investments in ad-
                                               from drinking contaminated ground-                         Of course, this is just the beginning.               vanced factories and research and de-
                                               water at Pease. I have heard from so                     This gives us a baseline study to tell us              velopment so that America discovers
                                               many parents who are terrified of what                   what the health effects are. Once we                   and then produces the next generation
                                               this contamination means for the                         get that study and as we continue to                   of semiconductor technology. It also
                                               health of their children.                                move forward, we have a lot of work to                 requires the Department of Defense
                                                 One woman, who has been a real lead-                   do to ensure that PFAS—not just on                     and the intelligence community to
                                               er in responding to the PFAS emer-                       military bases but in communities                      work with trusted industry partners to
                                               gency, Andrea Amico of Portsmouth,                       across this country, which appear in so                secure the supply chain for computers
                                               remembers feeling like her world was                     many different products—that we can                    chips for our military and other na-
                                               crashing down when tests showed that                     address that in a way that provides                    tional security needs.
                                               her two children, exposed to PFAS in                     some sort of insurance and protection                    This bill is a moonshot investment,
                                               drinking water at Pease, had elevated                    to families across this country so they                and such investments don’t come
                                               levels of these materials in their blood.                know what they are dealing with and                    cheap. So I regret that the question of
                                               She said: ‘‘[T]o actually see it on                      so they know they can get help. I urge                 funding this bill has been postponed to
                                               paper, to know it was true, was very                     my colleagues to support this amend-                   another time, but I look forward to
                                               devastating for me, and the wide range                   ment.                                                  having and winning that debate be-
                                               of emotions I experienced with those                       I yield the floor.                                   cause, make no mistake, robust sup-
                                               results ranged from anger to fear, frus-                   The PRESIDING OFFICER. The Sen-                      port is needed to ensure the future of
                                               tration and guilt.’’ Andrea’s children                   ator from Arkansas.                                    the American semiconductor industry.
                                               attended the childcare center—one of                       Mr. COTTON. The cars we drive, the                   At the very least, it is necessary to
                                               the two childcare centers at Pease.                      planes we fly, and the smartphones we                  level the playing field so that Amer-
                                                 I also heard from Alayna Davis of                      have in our pockets are all powered by                 ican companies can compete against
                                               Dover and Michelle Dalton of Durham,                     computer chips—or semiconductors—a                     the coercive, anti-competitive, and
                                               both of whom are mothers with chil-                      technology that is key to modern soci-




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                                                                                                                                                               mercantilist policies of Communist
                                               dren at a daycare center near the                        ety and that may determine whether                     China and others. It will provide a
                                               former base at Portsmouth. Alayna                        America or China leads the world in                    surge of support and demand for ad-
                                               said that she was exposed to PFAS at                     the decades to come.                                   vanced technology, just as the Federal
                                               Pease when she was pregnant with her                       Computer chips were, of course, pio-                 Government has always provided.
                                               son. She and her husband were dev-                       neered in America. Cold War-era initia-                  We offer this amendment so that the
                                               astated when they learned that their                     tives like the Apollo Program, DARPA,                  next digital revolution is also made in
                                               son had high levels of PFAS in his                       and SEMATECH created the break-                        the U.S.A., not in Communist China. I



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                                               S4324                                             CONGRESSIONAL RECORD — SENATE                                                          July 21, 2020
                                               urge my colleagues to support it and to                  competitors—the       Taiwan    Semicon-               of PFAS substances in drinking water
                                               support America’s continued techno-                      ductor Manufacturing Corporation, or                   sources.
                                               logical primacy in the world.                            TSMC, and Samsung—provide manu-                          As most of you are aware, PFOS and
                                                 I yield the floor.                                     facturing services for chips designed by               PFOA are chemicals that are very ef-
                                                 I suggest the absence of a quorum.                     other companies. These are typically                   fective for extinguishing fires and have
                                                 The PRESIDING OFFICER. The                             so-called fabless chips companies, and                 been used in firefighting foam in the
                                               clerk will call the roll.                                they include the names of some of our                  Defense Department since the 1970s.
                                                 The senior assistant legislative clerk                 most      famous      tech    companies:               Unfortunately, the fluorine bonds
                                               proceeded to call the roll.                              Qualcomm, Xilinx, Nvidia, and Micro-                   never break, and environmental prob-
                                                 Mr. REED. Madam President, I ask                       soft. TSMC and Samsung, together,                      lems are presented, which are very dan-
                                               unanimous consent that the order for                     have close to a monopoly on the manu-                  gerous to people.
                                               the quorum call be rescinded.                            facturing of leading-edge semiconduc-                    The lifetime health advisory for
                                                 The PRESIDING OFFICER. Without                         tors for fabless chip companies.                       PFAS is the equivalent of one grain of
                                               objection, it is so ordered.                               Recently, there was the good news                    sand in an Olympic-sized swimming
                                                 Mr. REED. Madam President, I rise                      that Intel announced in a letter to the                pool. The WHO found that these chemi-
                                               to express my support for the Cornyn                     Defense Department its intent to com-                  cals are likely carcinogenic, especially
                                               amendment, which would, among other                      pete with its Asian rivals in manufac-                 in children and pregnant women, and
                                               things, authorize a Federal grant pro-                   turing chips designed by fabless compa-                that they can decrease the effective-
                                               gram to enable the leading global chip                   nies. Again, these are companies that                  ness of vaccines, and they are known to
                                               companies to manufacture in the                          would design the chips and the elec-                   cause cancer in animals.
                                               United States.                                           tronic processor but would not produce                   PFAS has been found in the drinking
                                                 I want to commend a bipartisan                         the chips. That would be left to these                 water at over 650 military installations
                                               group of Senators who have worked so                     other major companies.                                 in almost every State in the United
                                               hard on this issue: Senators COTTON,                       In addition, TSMC and the adminis-                   States and overseas. Thousands of
                                               CORNYN, SCHUMER, and WARNER. The                         tration announced an agreement to                      Americans in many States across the
                                               semiconductor manufacturing story is                     bring TSMC to America to produce                       United States have already found ele-
                                               similar to many other industries in                      leading edge chips. It is suspected that               vated levels of PFAS in their blood.
                                               America. The United States invented                      Samsung can be persuaded to set up a                     Beginning with the fiscal year 2018
                                               the technology and still leads in re-                    major manufacturing facility in the                    National Defense Authorization Act,
                                               search and development, but the manu-                    United States, as well.                                the Department of Defense has been
                                               facture of the product itself has stead-                   The Defense Department has two                       authorized to transfer funds to the CDC
                                               ily migrated to Asia.                                    major studies nearing completion, one                  for a human health study on the effects
                                                 Over time, not just the manufac-                       by the Defense Science Board and one                   of all PFAS substances in drinking
                                               turing expertise and capacity are lost                   conducted in partnership with industry                 water sources for people. Specifically,
                                               but also the science and engineering                     by the Under Secretary for Acquisi-                    it seeks to determine the exact types of
                                               necessary to invent the next genera-                     tion, Ellen Lord. They are both ex-                    cancers and other toxic effects drink-
                                               tion of products. While this has hap-                    pected to plead for urgent and large-                  ing water with PFAS has on human
                                               pened to too many industries, the im-                    scale action to revive U.S. semicon-                   beings.
                                               pact is particularly acute in elec-                      ductor manufacturing, but none of this                   For example, years ago, the CDC de-
                                               tronics because electronics power the                    is going to happen without funding and                 termined precisely how much lead can
                                               modern economy, fueling all the crit-                    without a plan.                                        be ingested before cognitive impacts
                                               ical technologies on which our future                      We did not lose chip manufacturing                   can occur in children. They can and
                                               prosperity depend.                                       to Asia simply due to cheap labor, es-                 should do the same thing with respect
                                                 Asian nations—and, in particular,                      pecially in the chip industry, which is                to PFAS.
                                               China, Taiwan, and South Korea—have                      not manpower intensive. We lost this                     The study should take 7 years to
                                               for decades pursued aggressive indus-                    market sector because the investments                  complete. So this fiscal year 2021
                                               trial policies to gain control of the                    required are massive and constant and                  NDAA will fund year 4.
                                               electronics industry. These policies di-                 because foreign governments heavily                      The CDC study received $7 million in
                                               rected large subsidies and protections                   subsidize them.                                        fiscal year 2018, $10 million in fiscal
                                               for fledgling companies that have now                      We all prefer to let markets govern                  year 2019, $10 million in fiscal year 2020,
                                               become global giants.                                    where competition is fair and mutually                 and there is $10 million currently in
                                                 While South Korea is an ally, and                      beneficial, but relentless actions by                  the fiscal year 2021 NDAA amendment.
                                               Taiwan is a partner, the plants in those                 foreign governments to dominate spe-                   Senator SHAHEEN’s amendment would
                                               countries that make the world’s most                     cific industries regardless of economics               increase it to $15 million. It would ac-
                                               advanced logic and memory semi-                          and where they succeed, like in the                    celerate our ability to find these crit-
                                               conductors are highly vulnerable to                      semiconductor industry, must be coun-                  ical answers that affect the health and
                                               disruption or destruction by China and/                  tered by U.S. government action be-                    safety of the American people and are
                                               or North Korea. In a confrontation in                    cause of the threat to our national se-                particularly associated with military
                                               this region, China could threaten to                     curity and prosperity.                                 bases all across the country, which
                                               bring the western economy to its knees                     While this amendment does not in-                    means in every one of our States.
                                               by halting the flow of semiconductors.                   clude funding authorizations, it is an                   We all recognize the urgent need for
                                                 China itself is investing hundreds of                  important first step. This amendment                   the CDC to better understand the toxic
                                               billions of dollars in new semicon-                      will serve notice that the U.S. Senate                 effects of PFAS chemicals on the
                                               ductor fabrication plants in a relent-                   recognizes this very serious issue and                 human body, and supporting this
                                               less bid to dominate this industry. In                   intends to take corrective action.                     amendment will accomplish just that.
                                               10 years, Chinese companies may domi-                      I urge my colleagues to support this                   I urge my colleagues to support this
                                               nate the production of the chips that                    amendment and to commit to finding                     amendment.
                                               power 5G wireless networks, artificial                   funding solutions. Our economic well-                    Once again, I commend Senator SHA-
                                               intelligence, cloud computing, the                       being and our national security depend                 HEEN for her work in developing this
                                               Internet of Things, and autonomous ve-                   upon it.                                               amendment with respect to PFAS, and
                                               hicles.                                                    Madam President, I would now also                    I commend Senator CORNYN and his




SSpencer on DSK126QN23PROD with SENATE
                                                 In America, there is one remaining                     like to speak about Senator Shaheen’s                  colleagues for working very, very dili-
                                               company that is globally competitive                     amendment, which will be considered                    gently and perceptively about building
                                               in logic chips—Intel Corporation—but                     this afternoon, with your permission.                  up our industrial base in order to
                                               Intel is at least a generation behind its                  I rise in support of Senator Shaheen’s               produce microchips so we will be the
                                               main competitors and historically has                    amendment to increase fiscal year 2021                 leader in the world and not the fol-
                                               designed and produced chips only for                     funding by $5 million for the ongoing                  lower.
                                               its own product line. Its major global                   CDC human health study on the effects                    I suggest the absence of a quorum.



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4325
                                                 The PRESIDING OFFICER. The                               Attorney General Bill Barr recently                  domestic      semiconductor     manufac-
                                               clerk will call the roll.                                gave a speech about the challenges                     turing. These chips are everywhere in
                                                 The senior assistant legislative clerk                 posed by an increasingly powerful,                     almost every product. They are the un-
                                               proceeded to call the roll.                              wealthy, and relentless China. It is a                 derlying technology in everything from
                                                 Mr. CORNYN. Madam President, I                         great speech, which I commend to you.                  our cell phones and towers to com-
                                               ask unanimous consent that the order                     It provides an impressive overview of                  puters, to precision agriculture, to mis-
                                               for the quorum call be rescinded.                        how the Communist Party manipulates                    sile defense systems.
                                                 The PRESIDING OFFICER (Mrs.                            American businesses and industries,                      As you can imagine, as technologies
                                               BLACKBURN). Without objection, it is so                  steals intellectual property, surveils                 have become more sophisticated in re-
                                               ordered.                                                 and censors its own people, and seeks                  cent years, the demand for high-end
                                                 Mr. CORNYN. Madam President, as                        to exert its power and influence in the                semiconductors has skyrocketed. In
                                               the Senate knows, this week we will                      United States.                                         fact, U.S. companies command 47 per-
                                               complete our work on the 60th Na-                          For those who are unfamiliar with                    cent of the global market of these inte-
                                               tional Defense Authorization Act—ac-                     the modern relationship between the                    grated circuit chips. But when it comes
                                               tually, 60 years in a row. For decades,                  United States and China and the risks                  to manufacturing, we are falling fur-
                                               this legislation has provided the oppor-                 and vulnerability this creates, I highly               ther and further behind.
                                               tunity for us to take stock of the                       recommend reading the speech of the                      Since 2000, the United States has
                                               evolving threat landscape and ensure                     Attorney General. In that speech, he                   dropped from producing roughly a
                                               that our national defense is prepared to                 discusses the threats posed by the                     quarter of the world’s semiconductors
                                               meet the challenges on the horizon.                      Communist Party’s Made in China 2025                   to only 12 percent, and you need only
                                                 As technological advancements have                     initiative, which seeks to achieve Chi-                one guess as to which country stepped
                                               changed battlefield tactics, each year’s                 nese dominance in high-tech manufac-                   up to manufacture these critical de-
                                               NDAA has allowed us to invest in a                       turing. For everything from electric                   vices. You guessed right. It is China.
                                               modernized force and advanced weap-                      cars to advanced robotics, to artificial                 In the same period, China has gone
                                               ons. As risks in cyber space emerged as                  intelligence, China wants to lead glob-                from manufacturing zero chips to 16
                                               a new vector for warfare, this legisla-                  al production.                                         percent of the world’s supply and plans
                                               tion has allowed us to invest in resil-                    While this is framed as a way to re-                 on investing another $1.4 trillion in
                                               ient networks and a talented work-                       duce the dependence on foreign tech-                   semiconductor technologies.
                                               force.                                                   nology and strengthen domestic manu-                     America has lost ground to our glob-
                                                 As the global order has shifted, this                  facturing, these ambitions paint an                    al competitors, and unless we take ac-
                                               annual bill has given us the oppor-                      alarming picture for the United States                 tion, it is estimated that by 2030, 83
                                               tunity to identify the greatest threats                  and our allies.                                        percent of the global semiconductor
                                               to our country and to take strategic                       As the Attorney General noted, it is                 manufacturing capacity will be not
                                               action. This year’s national defense au-                 clear that the People’s Republic of                    here but in Asia.
                                               thorization bill is no exception. It con-                China seeks not merely to join the                       We need to bring those manufac-
                                               tinues to invest in a modernized na-                     ranks of other advanced industrial                     turing jobs back to the United States
                                               tional defense that is critical to main-                 economies but to replace them alto-                    and provide end-to-end security in our
                                               taining peace through strength.                          gether.                                                semiconductor supply chain.
                                                 That is something we need to remem-                      Before any piece of technology be-                     Of course, that is much easier said
                                               ber, which Ronald Reagan taught all of                   comes usable for its audience, it in-                  than done. Building a new foundry,
                                               us. Weakness is provocative. Bullies                     cludes parts, pieces, and materials that               which is where these semiconductors
                                               look for opportunities to take advan-                    come from, literally, all over the                     are manufactured, is very expensive
                                               tage of weakness. It is strength in our                  world. Regardless of where that final                  and, quite frankly, will not happen
                                               leadership, particularly with our mili-                  product is assembled and packaged,                     without an investment from the Fed-
                                               tary, that helps us maintain the peace.                  each of those individual pieces are the                eral Government. The Organization for
                                                 This bill also devotes resources to re-                key to protecting the supply chain that                Economic Cooperation and Develop-
                                               gain our competitive advantage over                      creates our most valuable assets.                      ment estimates that 21 major semicon-
                                               our greatest opponents to freedom and                      If the COVID–19 virus taught us any-                 ductor firms across a number of coun-
                                               democracy today, including China and                     thing, it has given us a clear picture of              tries receive more than $50 billion in
                                               the Communist Party. In my lifetime,                     how vulnerable our unsecured supply                    government support between 2014 and
                                               China has gone from a poor and iso-                      chains are. We lean heavily on China—                  2018.
                                               lated country to now accounting for                      too heavily—for things like masks,                       Some of these countries investing in
                                               nearly 20 percent of the global gross                    gloves, gowns, ventilators—all the                     manufacturing of these technologies
                                               domestic product. But China’s eco-                       equipment for which the need was sky-                  were South Korea, Singapore, Taiwan,
                                               nomic muscle isn’t the reason it tops                    rocketing earlier this year.                           Ireland, Germany, and, you guessed it,
                                               America’s watch list. The Chinese                          As a result of the fact that the world               China. If we are going to regain lost
                                               Communist Party’s ruling strategy can                    was dependent on China to produce this                 ground in semiconductor manufac-
                                               best be described as ‘‘win at all costs,’’               critical equipment, hospitals reached                  turing and secure one of our most crit-
                                               and, sadly, the victims of that strategy                 dangerously low levels of personal pro-                ical supply chains, it is going to take a
                                               are often the Chinese people them-                       tective equipment. In the meantime,                    strategic investment, and that is ex-
                                               selves.                                                  China refused to disclose to the rest of               actly where the CHIPS for America Act
                                                 On the Senate floor yesterday, I                       the world that the virus had indeed                    will deliver.
                                               spoke about some of the latest human                     broken out in its country so that it                     Senator WARNER, the distinguished
                                               rights violations by the Communist                       could, in fact, hoard the personal pro-                Democratic Senator from Virginia, and
                                               Party in China—their recent move to                      tective equipment they knew the rest                   I have introduced legislation to restore
                                               erode the freedoms and autonomy of                       of the world would need.                               American leadership in semiconductor
                                               Hong Kong, their efforts to silence and                    As a result of the lack of a secure                  manufacturing and ensure long-term
                                               punish protesters who dare to speak                      supply chain, healthcare workers were                  national security and economic com-
                                               out against the Chinese Communist                        using a single mask throughout an en-                  petitiveness. We worked hand in hand
                                               Party, their ongoing ethnic cleansing                    tire shift, putting both themselves and                with our colleagues, Senator COTTON
                                               campaign targeted at the Uighur peo-                     patients at risk. This has been a wake-                from Arkansas and Senator SCHUMER




SSpencer on DSK126QN23PROD with SENATE
                                               ple.                                                     up call—or should have been a wake-up                  from New York, in drafting the amend-
                                                 China continues to demonstrate a                       call—on supply chain vulnerabilities                   ment before the Senate that we will
                                               complete lack of respect for basic                       and a reminder that we need to take                    vote on this evening. It is truly a bi-
                                               human rights and dignities, and I re-                    action today to secure our supply                      partisan product.
                                               main concerned by the growing threat                     chains for tomorrow.                                     It achieves that goal by creating a
                                               they pose to the world order, including                    One of the biggest of these vulnera-                 Federal incentive program through the
                                               the United States of America.                            bilities we are facing today is a lack of              Department of Commerce to encourage



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                                               S4326                                             CONGRESSIONAL RECORD — SENATE                                                             July 21, 2020
                                               semiconductor manufacturing right                           As anyone who had ever met John                       Senator LEAHY is reintroducing the
                                               here in the good old USA. In short, it                   knows, he was incredibly kind. He was                  bill in the Senate as the John R. Lewis
                                               would stimulate domestic advanced                        a man who had seen so much of our Na-                  Voting Rights Act of 2020. I am proud
                                               semiconductor     manufacturing       and                tion’s history and written so much of                  to be a cosponsor of this important
                                               boost both our national security and                     our Nation’s history, and yet he still                 bill. It is time to pass it and get it
                                               global competitiveness. It will enable                   treated everybody with dignity and re-                 signed into law in Congressman Lewis’s
                                               us to bring manufacturing of these                       spect. I have been honored to serve                    honor.
                                               critical devices back onto American                      alongside him in the House and to be-                    At the 55th anniversary of Selma in
                                               soil and eliminate this critical na-                     come his friend.                                       March, John reminded us what is at
                                               tional security and economic vulnera-                       He was so supportive of me when I                   stake. He said this:
                                               bility.                                                  decided to run for the U.S. Senate. In                   We were beaten, we were tear-gassed. I
                                                 As I mentioned, these chips are lit-                   fact, I will never forget how knowing                  thought I was going to die on this bridge.
                                               erally everywhere. Many of you have                      that he believed in me helped give me                  But somehow and some way, God almighty
                                               them in your pockets right now or on                     the courage to jump into a race against                helped me here.
                                               your wrists. Semiconductors are the                      an incumbent Senator.                                    He added this:
                                               foundational technology for our mili-                       I am grieving the loss of my friend.                  I’m not going to give up. I’m not going to
                                               tary systems, our critical infrastruc-                      I am also determined. Congressman                   give in. We’re going to continue to fight. . . .
                                               ture,     our      telecommunications,                   Lewis dedicated his entire life to the                 We must use the vote as a nonviolent instru-
                                               healthcare, agriculture, and manufac-                    fight for justice and equality. I am de-               ment or tool to redeem the soul of America.
                                               turing. We want these devices to run                     termined to do everything I can to do                    I have seen the soul of America, and
                                               on made-in-America semiconductors.                       my part to ensure that his life’s work                 that soul looks a lot like my friend,
                                                 As we conclude our work on the Na-                     continues.                                             John Lewis. I urge us to take up the
                                               tional defense authorization bill, I am                     John Lewis came from very humble                    Voting Rights Act in John’s name and
                                               glad the Senate has the opportunity to                   beginnings. He was one of 10 children of               to pass it as soon as possible and en-
                                                                                                        Willie Mae and Eddie Lewis, who                        sure that his legacy lives on.
                                               vote on this legislation as an amend-
                                                                                                        worked as sharecroppers. Making a liv-                   I yield the floor.
                                               ment. I am grateful to the chairman of
                                                                                                        ing off the land has always been hard,                   I suggest the absence of a quorum.
                                               the Armed Services Committee, Chair-
                                                                                                        but it was even harder in the 1940s in                   The PRESIDING OFFICER. The
                                               man INHOFE, and Ranking Member
                                                                                                        the Deep South, where racism and dis-                  clerk will call the roll.
                                               REED for making sure that happens.
                                                                                                        crimination were as relentless as the                    The legislative clerk proceeded to
                                               This legislation supports a critical goal
                                                                                                        Alabama Sun.                                           call the roll.
                                               of the National Defense Authorization                       Faith in God was essential, and John
                                               Act and our national defense strategy,                                                                            Mr. DURBIN. Madam President, I ask
                                                                                                        had that faith in abundance. As a child,               unanimous consent that the order for
                                               which is strategic competition with                      he wanted to be a preacher, and he cer-
                                               China. That is where we are right now.                                                                          the quorum call be rescinded.
                                                                                                        tainly could have been. From reading                     The PRESIDING OFFICER. Without
                                                 It prioritizes advancements in the                     Bible verses to the family chickens as
                                               critical technologies that will mod-                                                                            objection, it is so ordered.
                                                                                                        a child to speaking alongside Dr. King                       UNANIMOUS CONSENT REQUEST—H.R. 1044
                                               ernize our national defense and restore                  at the March on Washington at just 23
                                               our competitive edge, all while allow-                                                                            Mr. DURBIN. Madam President, a
                                                                                                        years old, to his message at the 55th
                                               ing us to secure our most critical sup-                                                                         few steps from the Senate Chamber, at
                                                                                                        anniversary of Selma earlier this year,
                                               ply chains.                                                                                                     my whip’s office, on the credenza be-
                                                                                                        John had a preacher’s ability to inspire
                                                 I hope our colleagues will all join me                                                                        hind my desk, is a framed government
                                                                                                        all of us.
                                               in supporting this legislation so that                      Like a preacher, John knew that                     document. It is my mother’s natu-
                                               we can reclaim American leadership in                    words alone aren’t enough. When words                  ralization certificate. She was an im-
                                               semiconductor manufacturing, so we                       come from the pulpit on Sunday and                     migrant to this country. She was
                                               can support American jobs, and so we                     then they show up on the street on                     brought here at the age of 2 from Lith-
                                               can invest in both a strong national se-                 Tuesday, that is when the change real-                 uania. She lived long enough to see me
                                               curity and our economy.                                  ly happens. John Lewis certainly                       being sworn in to the U.S. Senate. I am
                                                               AMENDMENT NO. 2244                       showed up over and over and over                       proud of the fact that I stand here
                                                 (Purpose: To restore American lead-                    again. He sat down at lunch counters.                  today as the son of an immigrant. That
                                               ership in semiconductor manufacturing                    He sat in the front of buses. He spent                 is my story. It is my family’s story. It
                                               by increasing federal incentives in                      his 21st birthday in jail after blocking               is America’s story.
                                               order to enable advanced research and                    the entrance to a theater that refused                   I believe immigration has made
                                               development, secure the supply chain,                    to sell tickets to people who look like                America the Nation that it is today.
                                               and ensure long-term national security                   him.                                                   Immigrants are an integral part of our
                                               and economic competitiveness.)                              He was arrested more than 40 times,                 economy, our culture, and our soul.
                                                 Madam President, I call up my                          beaten by Klansmen, and nearly killed                    In   the   midst    of   this  deadly
                                               amendment No. 2244 and ask that it be                    marching across the Edmund Pettus                      coronavirus pandemic, we should never
                                               read.                                                    Bridge.                                                forget that 1 in 6 healthcare and social
                                                 The PRESIDING OFFICER. The                                He never stopped showing up and                     service workers—that is 3.1 million
                                               clerk will read the amendment.                           causing ‘‘good trouble.’’ Just 6 weeks                 people out of 18.7 million—is an immi-
                                                 The legislative clerk read as follows:                 before he died, he stopped by the Black                grant. They risk their lives every day
                                                 The Senator from Texas [Mr. CORNYN], for               Lives Matter Plaza here in Wash-                       in the midst of this pandemic for the
                                               himself and others, proposes an amendment                ington, DC. It was the last time he was                good of this Nation. Immigrants are
                                               numbered 2244.                                           seen in public.                                        playing this critical role in the battle
                                                 (The amendment is printed in today’s                      Time and again, John Lewis put his                  against COVID–19. Yet our broken im-
                                               RECORD under ‘‘Text of Amendments.’’)                    life on the line in order to protect peo-              migration laws do not allow many of
                                                 Mr. CORNYN. Madam President, I                         ple’s fundamental rights, including the                them to fulfill their dreams of finally
                                               yield the floor.                                         right to vote. John knew that words                    becoming Americans.
                                                 The PRESIDING OFFICER. The Sen-                        alone can never be enough, and we have                   Thousands of immigrant workers, in-
                                               ator from Michigan.                                      to be willing to take action.                          cluding many health workers, are suf-
                                                                                                           Late last year, the House passed the                fering because of a serious problem in




SSpencer on DSK126QN23PROD with SENATE
                                                          REMEMBERING JOHN LEWIS
                                                 Ms. STABENOW. Madam President, I                       Voting Rights Advancement Act. It                      our immigration system—the green
                                               rise today with deep sorrow and strong                   would restore section 5 of the Voting                  card backlog. What is a green card? A
                                               determination.                                           Rights Act that was overturned by the                  green card is our immigration ticket. If
                                                 I am feeling deep sorrow over the loss                 Supreme Court in 2013. For 228 days,                   you are here as a temporary worker, a
                                               of one of our Nation’s great moral lead-                 this important bill has been gathering                 green card or legal permanent resident
                                               ers and a dear friend of mine, Congress-                 dust on Leader MCCONNELL’s desk—228                    status allows you to remain in the
                                               man John Lewis.                                          days of inaction.                                      United States without having fear of



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4327
                                               deportation and to be on a path toward                   ment visas] would increase from an esti-               nies—Microsoft, Google—that hire top-
                                               permanent citizenship in the United                      mated 915,497 individuals currently to an es-          notch professionals at top dollar when
                                               States.                                                  timated 2,195,795 individuals by FY2030.               no American is available. That is how
                                                 Green cards are critical in the lives                  These outcomes would occur whether or not
                                                                                                                                                               the program was supposed to work, but
                                                                                                        S. 386 is enacted [and here are the operative
                                               of so many who are here on temporary                     words] because the bill maintains the cur-             the reality is different. In fact, the top
                                               and work visas. The backlog in this                      rent limit on the number of green cards                recipients of H–1B visas are outsourc-
                                               system puts families at risk of losing                   issued.                                                ing companies that use loopholes in the
                                               their immigration status, as they wait                     That is the bottom line. If you don’t                law to exploit immigrant workers and
                                               year after weary year to finally make                    change the number of green cards and                   even offshore American jobs.
                                               it through this green card backlog, and                                                                           In the most recent year for which
                                                                                                        5 million people are in the queue, wait-
                                               it stops their ability, many times, to                                                                          data is available, 8 of the top 10 recipi-
                                                                                                        ing for 140,000 employment green cards
                                               participate in the fight against COVID–                                                                         ents of new H–1B visas were outsourc-
                                                                                                        and 226,000 family green cards, you un-
                                               19 and to work toward building our                                                                              ing companies. The vice president of
                                                                                                        derstand the math.
                                               economy.                                                                                                        one of them, Tata—one of the leading
                                                                                                          Despite my concerns that S. 386
                                                 Under the current law, there are not                                                                          firms—candidly acknowledged that it
                                                                                                        would not work as intended, I agreed to
                                               nearly enough immigrant visas—also                                                                              uses H–1Bs to exploit immigrant work-
                                                                                                        sit down with Senator LEE and work in
                                               known as green cards—available each                                                                             ers.
                                                                                                        good faith to resolve our differences.                   He said:
                                               year. The current numbers for 140,000                    Last December, we reached an agree-
                                               EB immigrant visas were established in                                                                            Our wage per employee is 20–25 percent
                                                                                                        ment on an amendment to his bill that                  lesser than the U.S. wage for a similar em-
                                               1990—30 years ago. The American econ-                    addressed many of these concerns.                      ployee. . . . The issue is that of getting
                                               omy has doubled, but the number of                         I want to be clear. This amendment                   workers in the U.S. on wages far lower than
                                               green cards has remained the same. As                    was far from perfect and not what I                    local wage.
                                               a result, immigrants are stuck in a                      would have written. The biggest prob-                    It is important to understand that
                                               crippling backlog year after year after                  lem is that it still does not increase                 the vast majority of immigrant work-
                                               year. Close to 5 million future Ameri-                   the number of green cards. As a result,                ers in the backlog in the United States
                                               cans are in line, waiting for these green                it would not eliminate the backlog.                    is on an H–1B temporary work visa. So
                                               cards. Many are working in the United                    But it has made a substantial improve-                 if we want to stop the future exploi-
                                               States on temporary visas while many                     ment to his original bill.                             tation of immigrant workers and the
                                               are waiting overseas and are separated                     Here is how it reads:                                displacement of American workers, we
                                               from their families. Only 226,000 family                   It protects immigrants and their families            have to stop the abuse of H–1B visas.
                                               green cards and 140,000 employment                       who are stuck in the backlog. Immigrant                  Back in December, I asked my Demo-
                                               green cards are available each year.                     workers and their immediate family mem-                cratic colleagues to support this bipar-
                                                 The backlogs are a real hardship on                    bers would be allowed to ‘‘early file’’ [a pro-        tisan agreement that Senator LEE and
                                               these families who are caught in this                    vision that Senator LEE suggested and I ac-            I reached. They all agreed. I told Sen-
                                               immigration limbo. For example, the                      cepted] for their green cards. They would not          ator LEE that I wanted to move imme-
                                               children in many of these families age                   receive their green cards early, but they
                                                                                                        would be able to switch jobs and travel with-
                                                                                                                                                               diately to solve this problem. There
                                               out and face deportation. How does this                                                                         were so many people whose lives were
                                                                                                        out losing immigration status.
                                               happen? Well, those applying for the                                                                            tied up in this debate. However, Sen-
                                               green cards also list their spouses and                    I thought that was fair. Early filing
                                                                                                                                                               ator LEE asked me for more time to
                                               children. If they have to wait a long pe-                adds a critical protection that was not
                                                                                                                                                               discuss it with his colleagues. I agreed.
                                               riod of time and the children reach the                  in the original Lee S. 386. It prevents                  In March, 3 months later, Senator
                                               age of 21, they are no longer protected                  the children of immigrant workers                      LEE told me he wanted to make signifi-
                                               by the parent’s efforts to obtain the                    from aging out of green card eligibility               cant changes in the agreement, and he
                                               green cards, and they can be deported                    so that they will not face deportation                 said that without these changes he
                                               at any time. For many children who                       while they are waiting for green cards.                could no longer support it.
                                               age out and face deportation as they                       Our agreement also included a green                    Some of the changes were made at
                                               reach the age of 21, it is a family dis-                 card set-aside for immigrant workers                   the request of the Trump administra-
                                               aster.                                                   who were stuck in the backlog over-                    tion, which I will note is not exactly
                                                 The solution to this green card back-                  seas. The amendment would reserve                      the most reliable or objective source
                                               log is eminently clear to anyone who                     4,600 green cards on an annual basis for               on advice on immigration. Let me
                                               looks at it: Increase the number of                      immigrant workers who would not be                     briefly explain the changes Senator
                                               green cards. The number that might                       eligible for early filing because they                 LEE demanded.
                                               have made sense 30 years ago makes no                    would be outside the United States.                      The original version of Senator LEE’s
                                               sense today.                                             This number is based on the approxi-                   bill provides that no individual who
                                                 The senior Senator from Utah, Sen-                     mate number of people who apply for                    had already been approved for a green
                                               ator LEE, with whom I have worked on                     employment green cards from overseas                   card would receive the green card at a
                                               previous legislation, has introduced S.                  each year.                                             later time than they otherwise would
                                               386, known as the Fairness for High-                       Finally, our agreement would crack                   have. This provision, known as a hold
                                               Skilled Immigrants Act, to address                       down on the abuse of H–1B temporary                    harmless clause, is a critical protec-
                                               this issue. I have a basic concern with                  work visas. I thought this was going to                tion that assures immigrants who have
                                               this bill, and I have told Senator LEE.                  be an easy provision. It has turned out                been waiting years, patiently, in line
                                               S. 386 adds no additional green cards,                   to be the real problem in this bill, and               that nothing we do on the floor will
                                               and without additional green cards, S.                   let me tell you why. The amendment                     change the number of years they have
                                               386 will not reduce the backlog or the                   prohibits companies from hiring addi-                  to wait—perhaps improve them but not
                                               wait.                                                    tional H–1B workers if the companies’                  make them worse.
                                                 Here is what the Congressional Re-                     workforces have more than 50 employ-                     Now, at the request of the Trump ad-
                                               search Service says about Senator                        ees and if more than 50 percent are                    ministration, Senator LEE wants to de-
                                               LEE’s legislation. To all of those fol-                  temporary workers. This 50–50 rule is                  lete this hold harmless provision which
                                               lowing this debate, don’t take my word                   from the bipartisan H–1B reform bill                   was in his original bill. That would
                                               for it; read the Congressional Research                  that I offered with Senator GRASSLEY,                  jeopardize many people who are inno-
                                                                                                        Republican of Iowa. This provision was




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                                               Service’s study that was released on                                                                            cently waiting patiently for their op-
                                               March 26, 2020, entitled the ‘‘Employ-                   included in the comprehensive immi-                    portunity.
                                               ment-Based Immigration Backlog.’’                        gration reform bill, which I voted for                   Second, Senator LEE wants to delay
                                               What does it write about Senator LEE’s                   and which passed in the Senate. Sen-                   for 3 years the effective date of the 50–
                                               bill? It writes:                                         ator LEE has said, ‘‘This is a common-                 50 rule to crack down on outsourcing
                                                 S. 386 would not reduce future backlogs                sense reform to root out abuse.’’                      companies.
                                               compared to current law. . . . The total                   When most people think of the H–1B                     Why on Earth would we give compa-
                                               backlog for all three categories [of employ-             visa, they think of well-known compa-                  nies that are outsourcing American



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                                               S4328                                             CONGRESSIONAL RECORD — SENATE                                                         July 21, 2020
                                               jobs and exploiting immigrant workers                    discrete pieces of legislation, trying to              that agreement—I made absolutely
                                               a free pass for 3 more years?                            fix immigration. Immigration is a big                  abundantly clear we still needed to get
                                                 Third, at the request of the Trump                     issue. It is a contentious issue. It is an             technical input, and we still needed to
                                               administration, Senator LEE wanted to                    issue as to which, to put it mildly,                   get the input of cosponsors of the legis-
                                               make two changes that would allow                        there is not always bipartisan con-                    lation.
                                               early filing for people who are stuck in                 sensus. It is one of the areas that I                    But out of consideration for the Sen-
                                               the green card backlog. He would delay                   have concluded remains open and pos-                   ator and a lot of the political heat you
                                               early filing for 1 year—1 more year for                  sible for bipartisan agreement, is on                  were taking at the time, I agreed, with
                                               children to age out; 1 more year for                     taking discrete, individual problem                    that understanding, to go to the floor
                                               them to wait. Why?                                       areas within our immigration code and                  and announce that we had reached an
                                                 That means that any children who                       updating them and modernizing them.                    agreement in principle.
                                               age out in the meantime lose their                         So what we are talking here today                      I have honored every single piece of
                                               chance for a green card and will be sub-                 about is a bill that I have long cham-                 that agreement in principle, and I
                                               ject to deportation.                                     pioned, the Fairness for High-Skilled                  strongly resent your suggestion to the
                                                 He would also require that immi-                       Immigrants Act. My sole purpose for                    contrary—every single piece of it.
                                               grant workers could only ‘‘early file’’                  championing that legislation—frankly,                  There is not one substantive piece of
                                               after their green card petition had been                 at great personal expense to myself, at                this as to which I have changed—not
                                               approved for 2 years—a 2-year delay on                   great political expense—was to bring                   one of them, not the 50–50 rule, not the
                                               top of a 3-year delay. Any children who                  some equity to a system that unduly                    4,600 set-aside, not the early filing.
                                               had aged out during this new 2-year                      burdens some immigrants based on                         The changes that we made were in re-
                                               waiting period would not be protected                    their country of origin and based, spe-                sponse to the technical assistance re-
                                               and would also be subject to deporta-                    cifically, on the arbitrary factor of the              quest that we made to USCIS and a
                                               tion.                                                    population of the nation of origin of                  couple from the State Department.
                                                 Why is Senator LEE—or at least                         the immigrant in question.                             They had almost entirely to do with
                                               those in the Trump administration ad-                      There has been a lot of misinforma-                  what was feasible, what was adminis-
                                               vising him—so afraid that these chil-                    tion at both ends of the political spec-               tratively possible to implement the
                                               dren might have a future in America?                     trum, at every point in between, about                 legislation. After all, we don’t want to
                                                 When we met in March, I told Sen-                      this legislation. It has been attacked                 enact legislation that cannot be imple-
                                               ator LEE these changes were not ac-                      from the right, from the left, from ev-                mented without compromising the
                                               ceptable. It has now been 7 months                       erywhere else. A lot of people claim                   other responsibilities that that agency
                                               since Senator LEE and I reached our                      falsely that it would change the total                 has.
                                               original agreement and more than 4                       number of green cards available. It                      So after seeking this feedback, we
                                                                                                        wouldn’t, as Senator DURBIN just ac-                   understood that the language, as writ-
                                               months since we met in March. Immi-
                                                                                                        knowledged. That is one of the few                     ten, was, in some respects, technically
                                               grants who are stuck in the backlog
                                                                                                        things that he said just now with which                not feasible for USCIS to implement as
                                               and their children have waited long
                                                                                                        I think I can agree.                                   we had written it. But, here again, I
                                               enough.
                                                                                                          But over the years, we have had a                    told him: We inevitably will have to
                                                 I am now going to ask unanimous
                                                                                                        number of Senators objecting to this                   make some modifications based on the
                                               consent on my agreement with Senator
                                                                                                        for different reasons. Every time we re-               feasibility of this.
                                               LEE from December 2019—the Fairness                                                                               So I went back to Senator DURBIN,
                                                                                                        solve one objection—sometimes we will
                                               for High-Skilled Immigrants Act, as                                                                             and in light of the USCIS comments
                                                                                                        resolve two objections, and then one
                                               amended by the Lee substitute amend-                                                                            and the response to our request for
                                                                                                        other will pop up. Then we will resolve
                                               ment.                                                                                                           technical assistance from USCIS, we
                                                                                                        that one, and three others will pop up.
                                                 Madam President, I ask unanimous                                                                              made some changes. I went back to
                                                                                                        We have been doing this for years and
                                               consent that the Committee on the Ju-                                                                           Senator DURBIN. My recollection is
                                                                                                        years, and I have worked in good faith
                                               diciary be discharged from further con-                                                                         that it was in February. You say
                                                                                                        with colleagues on both sides of the
                                               sideration of H.R. 1044, Fairness for                                                                           March. I believe it was February. But
                                                                                                        aisle in order to resolve those concerns.
                                               High-Skilled Immigrants Act, and the                       Now, most recently, Senator DURBIN                   regardless, I came back to you, and I
                                               Senate proceed to its immediate con-                     objected to it. Just as I have with each               told you: We are honoring the agree-
                                               sideration; further, that the Lee                        objector before him, I worked with                     ment. We are going to have to delay
                                               amendment at the desk be agreed to,                      Senator DURBIN last fall in order to re-               the implementation of some of it so as
                                               the bill, as amended, be considered                      solve some of his concerns with the leg-               to make it technically feasible.
                                               read a third time and passed, and that                   islation.                                                Some of these provisions were modi-
                                               the motion to reconsider be considered                     In December, as he states, we came                   fied somewhat as to the timing of their
                                               made and laid upon the table.                            to an agreement. We came to an agree-                  implementation, but we honored the
                                                 The PRESIDING OFFICER. Is there                        ment on a way that we could move for-                  spirit and the letter of our agreement.
                                               objection?                                               ward. We set some objectives, and he                     And yet, when we presented these
                                                 The Senator from Utah.                                 accurately characterized many of those                 changes to Senator DURBIN, he flatout
                                                 Mr. LEE. Madam President, reserv-                      objectives. What I told Senator DURBIN                 rejected them, almost without any dis-
                                               ing the right to object, I am a little                   at the time was that I was reluctant to                cussion at all and almost without any
                                               flabbergasted at this moment, when I                     announce that publicly because we                      discussion about how these materially
                                               find myself in a rare circumstance of                    hadn’t yet made or received a request                  departed from the agreement we had
                                               disagreeing with literally every word                    or a response to our request for tech-                 reached in December in good faith that
                                               uttered by my colleague, the senior                      nical assistance and input from the af-                we announced the existence of on the
                                               Senator from Illinois. He is my friend.                  fected agencies—most importantly,                      Senate floor, against my better judg-
                                               He and I have worked together on a                       from the State Department and from                     ment, out of the goodness of my heart,
                                               number of issues—criminal justice re-                    USCIS.                                                 given the amount of political pressure
                                               form, protecting the civil liberties of                    At the time, Senator DURBIN re-                      Senator DURBIN was getting on this.
                                               Americans when it comes to domestic                      quested that we go to the floor; that we               And he refused, at that point, to con-
                                               surveillance, all kinds of things on the                 introduce it. I, reluctantly, and per-                 tinue negotiations.
                                               Judiciary Committee.                                     haps against my better judgment,                         This, by the way, was after months
                                                 I disagree with nearly every single




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                                                                                                        agreed to do that, in part based on the                and months of trying to get him to ne-
                                               word, every syllable he just uttered. I                  fact that Senator DURBIN was taking a                  gotiate; months and months of trying
                                               find myself wondering whether we ex-                     lot of heat at the time. People were                   to get him to the table that we
                                               perienced alternate universes in recent                  saying that he was opposed to the idea                 reached, finally, in December.
                                               months.                                                  categorically, and I wanted to work                      So I find it astounding. If the Sen-
                                                 I have worked nearly the entire time                   with him in good faith to do it.                       ator is, once again, feeling the political
                                               I have been in the U.S. Senate on this                     At the time we had that discussion—                  expediency to do so, I am happy to con-
                                               issue—for years, nearly 91⁄2 years, on                   at the time the Senator and I made                     tinue these discussions with him, but



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4329
                                               don’t come here and suggest falsely, as                  anyone who has been waiting patiently                    The PRESIDING OFFICER. Is there
                                               he just has, that I have materially de-                  for a green card. Why would the Sen-                   objection?
                                               parted from the agreement we reached                     ator jeopardize anyone and make them                     Mr. LEE. I object.
                                               because I did not.                                       wait even longer for a green card? That                  The PRESIDING OFFICER. Objec-
                                                 Now, I hope that he is as willing as I                 was one of the modifications he sug-                   tion is heard.
                                               am to allow businesses a window of                       gested.                                                  Mr. LEE. Madam President, I with-
                                               time to come into compliance with the                      The two other modifications the Sen-                 draw my objection.
                                               new 50–50 rule so that we don’t unnec-                   ator suggested delayed protection for                    The PRESIDING OFFICER. The ob-
                                               essarily burden the H1–B workers who                     children that left them subject to de-                 jection is withdrawn.
                                               are already here. That is what my                        portation for 2 to 3 years. Why would                    Mr. DURBIN. Madam President, I am
                                               changes do, is make it so we don’t un-                   we do that? We both agree that is a ter-               sorry we were unable to reach an
                                               duly burden those.                                       rible outcome. That was one of his                     agreement today.
                                                 I hope the Senator is as willing as I                  modifications as well.                                   The proposal which I am about to
                                               am to extend the transition period be-                     As far as the 50–50 rule, listen, I be-              make, called the Protect Children of
                                               fore the per-country caps are fully lift-                lieve that is what is driving this con-                Immigrant Workers Act, simply en-
                                               ed to allow immigrants from around                       versation. These outsourcing compa-                    sures that children will not age out in
                                               the world the opportunity to ease into                   nies make a bundle of money, and                       this process.
                                               the process.                                             there are people who want to keep                        How many times do parents come to
                                                 I hope he is willing, as I am, to tack-                them in business and making money,                     me with tears in their eyes saying:
                                               le one major immigration problem at a                    even at the expense of American work-                  Don’t hurt my child.
                                               time in the hope of improving the con-                   ers, and I think that is wrong. I really                 Here is our chance, as we work out
                                               dition of immigrants in our country                      do.                                                    all the other issues, to take care of this
                                               without insisting on poison pills.                         I can’t believe that that is what is                 one provision. It would not increase
                                                 If there is one thing we have learned                  really going to stop us now at this                    the number of green cards. It does not
                                               about immigration reform in recent                       point, to try to protect these outsourc-               get into the other issues we have de-
                                               years is that if you try to reform ev-                   ing companies for 3 years before this                  bated. I ask the Senator to please, for
                                               erything at once, you will guarantee                     provision affects them.                                the sake of these children, give them
                                               the failure of the bill. I hope that is not                As far as what we can do here today,                 the protections, and let us continue to
                                               what you are trying to do here, but                      I think what I am going to offer next is               try and negotiate the other provisions.
                                               that is the effect it has when you try to                going to be the simplest thing we can                    I ask unanimous consent that the
                                               add in other extraneous points.                          achieve and maybe more at a later                      Senate proceed to the immediate con-
                                                 Never, by the way, was there ever a                    date. But let us protect the children.                 sideration of my bill, the Protect Chil-
                                               discussion about increasing the total                    That is the next thing I am going to                   dren of Immigrant Workers Act, which
                                               number of visas in this. That was never                  offer.                                                 is at the desk; that the bill be consid-
                                               the objective. I never hinted at that.                     Let us protect the children and make                 ered read three times and passed; and
                                               You acknowledged that in every one of                    sure that as they are waiting in line,                 that the motion to reconsider be con-
                                               our discussions.                                         they can’t age out and be deported.                    sidered made and laid upon the table
                                                 If you are interested in these prin-                   That is not an unreasonable request.                   with no intervening action or debate.
                                               ciples, as I am, we should be able to                      So I am going to refuse to agree to                    The PRESIDING OFFICER (Mr.
                                               find a path forward because all of these                 the modification, but I will offer pro-                BOOZMAN). Is there objection?
                                               changes—all the changes we made to                       tection for the children next, and I                     The Senator from Utah.
                                               our agreement—were simply made out                       hope—let’s agree on that today and                       Mr. LEE. Mr. President, reserving
                                               of expediency in order to be able to en-                 continue the rest of the discussion be-                the right to object, it should have been
                                               sure that the legislation could, in fact,                yond.                                                  brought forward. We would have loved
                                               move forward; that it was feasible to                      The PRESIDING OFFICER. Is there                      to have considered it. I haven’t seen it
                                               implement; that it could resolve the                     objection to the original request?                     yet. My staff saw it for the first time
                                               concerns that you expressed to me and                      Mr. LEE. Madam President, reserv-                    earlier today. I would love to have a
                                               could do so in a manner to ensure the                    ing the right to object, look, the hold                look at it.
                                               best possible outcome.                                   harmless issue was taken care of with                    This is something that could have
                                                 If Senator DURBIN can agree on these                   the 3- to 9-year transition. That is why               been brought up at any moment in the
                                               changes, we can pass this legislation.                   we made the 3- to 9-year transition,                   last six or seven months, or the last
                                               We can pass it not just today, we can                    was to take care of the hold harmless                  year. I would be happy to look at it
                                               pass it right now, this very moment. I                   provision.                                             now, but I can’t agree to pass some-
                                               call on him to do so.                                      Now, if the Senator wants to nego-                   thing that I have not seen. So, there-
                                                 If the Senator feels he can work with                  tiate the terms of that, we can talk                   fore, I object.
                                               these changes, I am happy to do that as                  about that right now. We can resolve                     The PRESIDING OFFICER. Objec-
                                               well.                                                    that right now. But make no mistake,                   tion is heard.
                                                 As I said in February, my door is                      the Senator is fundamentally changing                    Mr. DURBIN. Mr. President, in the
                                               open, and I am always willing to talk                    and altering the terms of what we                      interest of the moment, I cannot offer
                                               about these things with the Senator if                   agreed to, and he is accusing me of,                   my third amendment, but I will say
                                               he is willing to work with me.                           fundamentally, materially, changing                    this: It will be back. This is a chance to
                                                 So I ask that the Senator modify his                   the terms of the agreement, when all I                 do something for the children. It is
                                               request to withdraw the amendment at                     have done is what we agreed to in De-                  very simple. You know what it is. Let’s
                                               the desk and include my new amend-                       cember.                                                do this.
                                               ment, which is at the desk, the amend-                     What the Senator is suggesting here                    The PRESIDING OFFICER. The Sen-
                                               ment be considered and agreed to, the                    is a deviation from what is possible. I                ator from Utah is recognized.
                                               bill, as amended, be considered read a                   can’t agree to what is not possible, to                  Mr. LEE. Mr. President, I could not
                                               third time and passed, and that the                      what contravenes what USCIS has said                   agree more. We should do this. I could
                                               motion to reconsider be considered                       it is capable of implementing. On that                 not agree more that we need to elimi-
                                               made and laid upon the table.                            basis, I object.                                       nate the outdated, outmoded Elvis
                                                 The PRESIDING OFFICER. Does the                          The PRESIDING OFFICER. Objec-                        Presley era immigration provision that




SSpencer on DSK126QN23PROD with SENATE
                                               Senator so modify his request?                           tion is heard.                                         discriminates against individuals on
                                                 Mr. DURBIN. Madam President, re-                         Mr. DURBIN. Madam President, I                       the basis of their country of origin, on
                                               serving the right to object, let me say                  have a few minutes more to close this                  the basis of the population of the coun-
                                               to Senator LEE, the changes he came                      debate. I ask forbearance of those who                 try in which they were born.
                                               back with were significant.                              are prepared for the 4 p.m. vote. I ask                  There are reasons why immigration
                                                 Removing the hold harmless provi-                      unanimous consent to speak for 10 ad-                  policy is a contentious one. There were
                                               sion, to me, is fundamentally unfair to                  ditional minutes.                                      reasons why previous efforts have



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                                               S4330                                             CONGRESSIONAL RECORD — SENATE                                                             July 21, 2020
                                               failed, and it always has to do with the                 SAG 421, Servicewide Transportation is here-             Under the previous order requiring 60
                                               fact that people tend to pile on. They                   by reduced by $5,000,000.                              votes for the adoption of the amend-
                                               get desperate. It is hard for us to re-                    (b) INCREASE IN TRANSFER AUTHORITY.—                 ment, the amendment is agreed to.
                                                                                                        Section 316(a)(2)(B)(ii) of the National De-             The Senator from Oklahoma.
                                               form the immigration code. When                          fense Authorization Act for Fiscal Year 2018
                                               somebody suggests 1 reform, others                       (Public Law 115–91; 131 Stat. 1350), as amend-                           S. 4049
                                               suggest 10 more, and, before long, it                    ed by section 315(a) of the John S. McCain               Mr. INHOFE. Mr. President, right
                                               chokes the horse. You can’t move for-                    National Defense Authorization Act for Fis-            now, we are in the middle of what I
                                               ward with it.                                            cal Year 2019 (Public Law 115–232; 132 Stat.           have referred to several times as what
                                                 This one is focused on a very simple                   1713), is amended by striking ‘‘$10,000,000’’          I consider to be the most significant
                                               concept, that regardless of how many                     and inserting ‘‘$15,000,000’’.                         bill of the year, the National Defense
                                               visas we issue, regardless of how many                     The PRESIDING OFFICER. Under                         Authorization Act—one that you can
                                               green cards we issue, there are a lot of                 the previous order, the question is on                 almost be sure will pass. This will be
                                               ways to allocate the number that we                      agreeing to the amendment.                             the 60th consecutive year it has passed.
                                               have. Let’s start with the number we                       Mr. INHOFE. Mr. President, I ask                     That is a pretty good indication it is
                                               have and figure out whatever reasons                     unanimous consent that the 60-affirma-                 going to pass.
                                               ought to influence that decision.                        tive vote threshold with respect to the                  That comes with problems, however.
                                               Among them should not be the country                     Shaheen amendment No. 1729 be viti-                    People know that a bill is going to
                                               in which you were born.                                  ated.                                                  pass, so you get a lot of pieces of legis-
                                                 Imagine two hypothetical would-be                        The PRESIDING OFFICER. Is there                      lation that had not been able to get
                                               employment-based green card recipi-                      objection?                                             passed, and it may be a whole year, and
                                               ents who are otherwise eligible. Immi-                     Without objection, it is so ordered.                 it becomes a part of this bill. It is more
                                               grant A and B are identical in all re-                     Mr. INHOFE. For the information of                   than just the Defense authorization
                                               spects—in their employment qualifica-                    all Senators, it is my understanding                   bill, but it is the most significant one.
                                               tions, their education, proficiency in                   that we should be able to adopt the                      Before we even came to the floor, we
                                               English, and every meaningful char-                      amendment by voice vote.                               did something that we have been work-
                                               acteristic except one. Immigrant A                         The PRESIDING OFFICER. The                           ing on now—at least I know person-
                                               happens to be born in Luxembourg and                     question is on agreeing to the amend-                  ally—for 4 years, and that is to put
                                               immigrant B happens to have been                         ment.                                                  ourselves in a position where just in
                                               born in India. Because India has a large                   The amendment (No. 1729) was agreed                  case we find ourselves where we can’t
                                               population and Luxembourg has a                          to.                                                    get amendments—all it takes is one
                                               small population, the immigrant from                               VOTE ON AMENDMENT NO. 2244                   person to object, and there will be no
                                               India is going to be discriminated                         The PRESIDING OFFICER. The                           amendments if this happens. We de-
                                               against.                                                 question is on agreeing to the amend-                  cided to go ahead and put this bill to-
                                                 It is senseless and based on a bygone                  ment.                                                  gether and do it in such a way that the
                                               era in which immigration policy didn’t                     Mr. INHOFE. Mr. President, I ask for                 Members are actually drafting the bill.
                                               make sense by today’s standards. We                      the yeas and nays.                                     We have 700 Member items.
                                               ought to be able to get around that.                       The PRESIDING OFFICER. Is there a                      You might remember that back in
                                                 I agree with Mr. DURBIN that we                        sufficient second?                                     January, we started talking about this,
                                               should pass this right now. There is no                    There appears to be a sufficient sec-                saying: If you want to have an amend-
                                               reason not to.                                           ond.                                                   ment in the Defense authorization bill,
                                                 I yield the floor.                                       The clerk will call the roll.                        even though it is not going to become
                                                 The PRESIDING OFFICER. The Sen-                          The bill clerk called the roll.                      effective until a year from December,
                                               ator from Oklahoma.                                        The result was announced—yeas 96,                    you better get down there and do it be-
                                                               AMENDMENT NO. 1729                       nays 4, as follows:                                    cause now is the time you can get that
                                                 Mr. INHOFE. I call up amendment                                  [Rollcall Vote No. 134 Leg.]                 done. Well, we ended up with 700 Mem-
                                               No. 1729 and ask that it be reported by                                     YEAS—96                             ber items, and that was before we even
                                               number.                                                  Alexander         Fischer              Perdue          got to the floor, and then more were
                                                 The PRESIDING OFFICER. The                             Baldwin           Gardner              Peters          added. We added another 140 amend-
                                               clerk will report.                                       Barrasso          Gillibrand           Portman         ments after that.
                                                                                                        Bennet            Graham               Reed
                                                 The bill clerk read as follows:                        Blackburn         Grassley             Risch
                                                                                                                                                                 You can say that this bill was passed
                                                 The Senator from Oklahoma [Mr. INHOFE]                 Blumenthal        Harris               Roberts         by you—I am talking about the Mem-
                                               proposes an amendment numbered 1729 to                   Blunt             Hassan               Romney          bers, Democrats and Republicans—in
                                               amendment No. 2301.                                      Booker            Hawley               Rosen           the Chamber because these items all
                                                                                                        Boozman           Heinrich             Rounds
                                                 The amendment is as follows:                           Braun             Hirono               Rubio           came out of it. We didn’t do it the way
                                               (Purpose: To increase funding for the study              Brown             Hoeven               Sanders         it used to be done. We kind of eased
                                                 by the Centers for Disease Control and Pre-            Burr              Hyde-Smith           Sasse           into this, but it has worked very well.
                                                                                                        Cantwell          Inhofe               Schatz
                                                 vention relating to perfluoroalkyl and
                                                                                                        Capito            Johnson              Schumer
                                                                                                                                                               I commend Liz and John for the work
                                                 polyfluoroalkyl substance contamination                Cardin            Jones                Scott (FL)      they do in holding everyone together in
                                                 in drinking water)                                     Carper            Kaine                Scott (SC)      making this a reality.
                                                 At the end of subtitle B of title III, add the         Casey             Kennedy              Shaheen           Where we are right now is, we have
                                               following:                                               Cassidy           King                 Sinema
                                                                                                        Collins           Klobuchar            Smith
                                                                                                                                                               had a lot of our Members coming to the
                                               SEC. 3lll. INCREASE IN FUNDING FOR STUDY                                                                        floor. My staff and I are continuing to
                                                           BY CENTERS FOR DISEASE CONTROL               Coons             Lankford             Stabenow
                                                           AND PREVENTION RELATING TO                   Cornyn            Leahy                Sullivan        work on the inclusion of additional
                                                           PERFLUOROALKYL             AND               Cortez Masto      Loeffler             Tester          amendments. If you will recall, 2 weeks
                                                           POLYFLUOROALKYL      SUBSTANCE               Cotton            Manchin              Thune
                                                                                                        Cramer            Markey               Tillis          ago, when we took a break for the
                                                           CONTAMINATION    IN   DRINKING
                                                           WATER.                                       Crapo             McConnell            Udall           Fourth of July, we agreed upon some
                                                 (a) IN GENERAL.—
                                                                                                        Cruz              McSally              Van Hollen      legislation, some amendments that
                                                                                                        Daines            Menendez             Warner
                                                 (1) INCREASE.—The amount authorized to                 Duckworth         Merkley              Warren
                                                                                                                                                               would be a part of this. They are all
                                               be appropriated by this Act for fiscal year              Durbin            Moran                Whitehouse      structured right now. We have already
                                               2021 for Operation and Maintenance, Defense              Enzi              Murkowski            Wicker          passed two—actually, passed four
                                               Wide for SAG 4GTN for the study by the Cen-              Ernst             Murphy               Wyden           today. We have another bunch of




SSpencer on DSK126QN23PROD with SENATE
                                               ters for Disease Control and Prevention                  Feinstein         Murray               Young
                                                                                                                                                               amendments, including a managers’
                                               under section 316(a)(2)(B)(ii) of the National                                NAYS—4                            package. It was hotlined today, just
                                               Defense Authorization Act for Fiscal Year                Lee               Shelby                               today. We don’t have the results of
                                               2018 (Public Law 115–91; 131 Stat. 1350) is              Paul              Toomey
                                               hereby increased by $5,000,000.                                                                                 that yet. People may have objected to
                                                 (2) OFFSET.—The amount authorized to be                  The PRESIDING OFFICER (Mr. CAS-                      it, and I am just not aware—appar-
                                               appropriated by this Act for fiscal year 2021            SIDY). On this vote, the yeas are 96, the              ently, there have been some objections.
                                               for Operation and Maintenance, Army for                  nays are 4.                                            I don’t know what the count is. We will



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S4331
                                               keep trying to get as many amend-                          Anyway, this has happened. As a re-                    Secretary of Defense Mark Esper was
                                               ments as possible. My experience is                      sult of this, we have had really great                 putting something together where he
                                               that this means we are nearing the end                   benefits. I bring this up now because—                 was going around and reevaluating our
                                               of the road.                                             put the Johnson family up. This is a                   troop and asset distribution around the
                                                 I would have to say this about my                      family in Oklahoma. It is the Johnson                  world. I disagree with some of the
                                               partner in this effort—he has been my                    family, Charlie Johnson. He has several                things he came up with.
                                               partner for a number of years, JACK                      brothers, and he has a son named An-                     Africa, for example, is an area where
                                               REED, on the minority side. We have                      drew. They are in the tree business.                   they are starting to have some very se-
                                               both worked hand in glove in trying to                   They find people who want to get rid of                rious problems. If anything, it is going
                                               get as many amendments as possible,                      dead trees, unwanted trees, and they                   to end up taking more activity. Along
                                               and we have set a record this year with                  get rid of the trees. They are the best                with other Members, I will be receiving
                                               either amendments or letters from                        there are. They have been doing it now                 detailed briefings from the Department
                                               Members.                                                 very competitively and doing it for                    of Defense on plans to carry out the
                                                 I am going do something that will                      years.                                                 President’s decision in the coming days
                                               make a bunch of people mad, but I                          When he came to take a tree out dur-                 and weeks.
                                               don’t really care. You hear so much                      ing the 2 weeks—I am talking about                       Based on my conversation with Sec-
                                               negative stuff. I have said several                      less than 2 weeks ago—he said: We can                  retary Esper and the briefings I have
                                               times that when this President came                      do this, but I want to tell you that we                received so far, the goal is to optimize
                                               in, up to the moment that we had the                     are really busy now. In fact, our busi-                our force posture in Europe, in part by
                                               virus, we had the best economy we                        ness is better than it has ever been in                moving some of our forces along
                                               have had in my lifetime. All indica-                     the history of our country. It is all be-              NATO’s eastern flank. It has always
                                               tions show that was true.                                cause of what has happened with the                    been in Western Europe. Going for-
                                                 He did this in a way that was thought                  President.                                             ward, as I think about the plan to re-
                                               out, and it wasn’t all a Republican                        These are his words. He said: I know                 align our posture in Europe, I am
                                               idea. Back when John Kennedy was                         everybody hates the President. The                     thinking about the three guiding prin-
                                               President of the United States, that is                  media hates the President. But we love                 ciples that I call the ‘‘3 Fs.’’
                                               when they were expanding the Great                       him, and let me tell you why. We are                     First is the forward presence—main-
                                               Society. This is a quote. He said: We                    now doing better than we have ever                     taining a strong presence in Europe
                                               are going to have to have a lot more                     done before. Our business is better than               that gives our troops what they need to
                                               revenue to take care of the Great Soci-                                                                         deter Russia and, if necessary, to fight
                                                                                                        it ever has been.
                                               ety programs. The best way to increase                     He has a brother who specialized—                    and win and defeat Russia. I like the
                                               revenue is to decrease marginal rates—                   when you are in the tree business, you                 idea of rotational forces in southeast
                                               marginal tax rates. And it worked. Un-                   specialize. If you look, you can’t see                 Europe.
                                               fortunately, he died right after that                                                                             The second one is force protection.
                                                                                                        the bucket, but the son is in the buck-
                                               and could not see the benefits of the ef-                                                                       Really, force projection is more accu-
                                                                                                        et. Another one is the guy who has de-
                                               forts of this great idea.                                                                                       rate. It is keeping strong, established
                                                                                                        veloped a way of grinding stumps. Al-
                                                 This was done again during the Bush                                                                           bases for staging, air capacity, and
                                               administration. It was the first thing                   most anyone can take a tree out, but
                                                                                                                                                               more. For example, at Ramstein Air
                                               that was done by the Trump adminis-                      to grind a stump, you have to have                     Force Base, we have invested quite a
                                               tration. But he did something different                  very expensive equipment.                              lot of money in that. It is going to
                                                                                                          A few days after I had seen these peo-
                                               this time, and this is the reason that it                                                                       work for any future use in readjust-
                                                                                                        ple, I got a visit by a guy named Brad
                                               produced much more revenue than the                                                                             ments that take place in Europe. What
                                               others had produced in years past. He                    Johnson. Brad is the one who special-
                                                                                                                                                               I am saying is a lot of things are going
                                               said: We also need to reduce the regula-                 izes in stump grinding. He said: Our                   on in Europe that are going to be en-
                                               tions at the same time.                                  business is so good now—and they all                   hanced, as opposed to being trans-
                                                 I am very sensitive to this because I                  credit the President with this—our                     ferred.
                                               chaired the Environment and Public                       business is so good that I decided I                     The third is families. This is kind of
                                               Works Committee during the time the                      would go off on my own and buy a                       interesting. Take our Air Force in Tin-
                                               Republicans were in the minority. Dur-                   stump grinder. It is very, very expen-                 ker Air Force Base. There is a young
                                               ing the Obama administration, we had                     sive. No one ever thought it would be,                 lady who is the wife of a worker at Tin-
                                               so many regulations, and that had to                     but it is. Now I think he owns the only                ker Air Force Base. Her name is Janna
                                               be changed.                                              stump grinder in Delaware County in                    Driver. This was 2 years ago. She told
                                                 Even the Chair is probably not aware                   Oklahoma.                                              me that we have a problem at Tinker.
                                               that this is a regulation that was                         He said: I want you to do something.                 When we privatized our housing, it
                                               passed during the Obama administra-                      I know you will be going back to Wash-                 worked out fine for a long period of
                                               tion, but it is one which said that if                   ington. I am going to give you this, and               time, but then it seemed to be that
                                               you are a domestic oil or gas company                    I want you to give this to the President               people got greedy in the housing. They
                                               and you are in competition with China                    of the United States.                                  talked about deplorable conditions in
                                               or somebody else, you have to give                         It says: ‘‘Brad’s stump grinding.’’ I                housing. I thought: My gosh, this is my
                                               them your playbook—how you cal-                          am going to give this to the President                 home State of Oklahoma. Thank good-
                                               culated your rates. That put them at a                   of the United States and take his pic-                 ness it is just one military establish-
                                               decided advantage.                                       ture.                                                  ment.
                                                 When I was fortunate enough to get                       I only say all this to mention that                    Then I found out it was in all five of
                                               to know this President, prior to the                     good things are happening around here.                 our military establishments. Then I
                                               time he took office, I was suggesting                    Things had not been this good, except                  found out it wasn’t just in Oklahoma.
                                               and he was saying: What would be a                       for the virus problem. No one had any                  It was around the world.
                                               good place to start in reducing regula-                  control over that in terms of the Presi-                 This is something that is very sig-
                                               tions?                                                   dent. When I stop and think about how                  nificant because when you look at the
                                                 I said: A good one would be to do                      good our economy was right before the                  problems that they have with so many
                                               away with that regulation that was                       virus hit, I think: If we had an average               people—and I will be addressing this in
                                               passed.                                                  economy, where would we be today?                      a little more detail in a minute be-
                                                 I think it was only a week after he                      Anyway, that was the good news, and




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                               cause of the amendment that will be
                                               took office that we passed the first reg-                I was excited to tell them I was going                 before us tomorrow—the problem is
                                               ulation. That is just one example. But                   to share this with a few other people.                 that we do something different than
                                               then regulation after regulation after                     Earlier today, I mentioned I would be                other countries do. I have heard this
                                               regulation—those of us who have                          coming down to the floor to talk about                 over and over, and I am sure the Pre-
                                               grown up in the business world know                      our troop basing in Germany. Those of                  siding Officer has also heard.
                                               that is what costs money. And liberals                   us on the committee know we have                         We talk about all the money we
                                               have never figured that out.                             been working on this for a long time.                  spend on defense in the United States,



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                                               S4332                                             CONGRESSIONAL RECORD — SENATE                                                         July 21, 2020
                                               and yet we spend more money than                         part of the world, in the eastern part of                This is the National Defense Strat-
                                               Russia and China put together. They                      Europe. We said: Are you willing to                    egy Commission report, which is a bi-
                                               are our strategic oppositions out there.                 help us out? They said: Not only can                   partisan document written by six
                                                 That is true because the most expen-                   you use your ordnances as much as you                  Democrats and six Republicans. They
                                               sive part of the military is the people.                 want, but at the same time, we will                    tell us that we need to increase our de-
                                               People don’t understand that. We want                    help billet you and all that.                          fense budget each year. We already
                                               housing, and we want to make sure                          The program was good and strongly                    know we need to be increasing our
                                               there are schools for the kids. We want                  supported by Gen. Jim Jones at that                    budget just to stay competitive. We
                                               to make sure all these things are going                  time.                                                  have already agreed to this total.
                                               on. That is what costs the money. That                     We did all we could to put that to-                    Now, one of the criticisms I hear of
                                               is the reason.                                           gether, and we were visiting our allies                our defense budget is that we pay much
                                                 If you are in a communist country,                     about it. We already had Ukraine, Bul-                 more than other countries. As I have
                                               they give you a gun and say: Go out                      garia and Romania lined up. They call                  already explained, we are the ones who
                                               and kill people—and the problem is                       that the lily pad approach to basic. It                have to pay to take care of our peo-
                                               solved.                                                  was something that would work. There                   ple—our troops, their families, their
                                                 We are concerned about our families.                   is no reason not to do that.                           kids. Here is the problem with that ar-
                                               They make a lot of sacrifices. Every                       Unfortunately, President Bush de-
                                                                                                                                                               gument: Other countries don’t have to
                                               few years, our families have to move,                    cided he didn’t want to do it. We were
                                                                                                                                                               do that.
                                               change locations, and the kids have to                   unsuccessful getting that done. I have
                                                                                                        been fighting about that with other                      Beyond the troops, we also take care
                                               change schools. They move to another                                                                            of the families and all that, while oth-
                                               area. Then, if the spouse has a job,                     Presidents since that time. I have not
                                                                                                        gotten any of them to look at that and                 ers don’t do that.
                                               they have to try to get a job.                                                                                    This is significant. China and Russia
                                                 By the way, in this bill we have some                  the great values that would make for
                                                                                                        us.                                                    are rapidly modernizing their mili-
                                               help. We get relief from some of the                                                                            taries. When I say this in public and I
                                               regulations that normally take a long                      Anyway, that is something that is
                                                                                                        taking place right now. We don’t know,                 talk to groups, I don’t have credibility.
                                               period of time, so that spouses are able                                                                        It doesn’t sound like it is possible.
                                               to get a job at a new location. That is                  but we are going to get a Member brief-
                                                                                                        ing tomorrow that is going to give us a                  I don’t say this critically of the
                                               something a lot of people are not aware
                                                                                                        lot of details on what is going to hap-                Obama administration. The Obama ad-
                                               of that is in this great bill.
                                                                                                        pen and what the President is pro-                     ministration, by his own admission,
                                                 They have to change hometowns,
                                                                                                        posing in that area of Europe.                         had other priorities. One of them
                                               change houses, change doctors, and the
                                                                                                          I want to speak about one of the                     wasn’t a strong military. During the
                                               kids change schools. Of course, they
                                                                                                        amendments that is next up. Senator                    last 5 years—and I am talking about
                                               live with the reality that their service-
                                                                                                        SANDERS’ amendment would cut de-                       2010 to 2015, during those last 5 years of
                                               member is putting their life on the line
                                                                                                        fense spending by 10 percent. I happen                 using the President’s budget, he de-
                                               to defend our country. We have to be                     to be very close with Senator SANDERS,                 creased the amount of money for our
                                               grateful and never take that sacrifice                   but we have areas where we disagree                    military by 25 percent. In 5 years, he
                                               for granted. That is why we should be                    with each other. This is one of those                  decreased it by 25 percent. At the same
                                               trying to ease the burden of our mili-                   areas. I looked at this, and I thought:                time, Russia increased theirs by 34 per-
                                               tary families in everything we do.                       He has an amendment that would cut                     cent, and China increased theirs by 83
                                                 When it comes to this plan we are                      defense spending by 10 percent.                        percent.
                                               talking about, which is changing the                       First of all, this amendment would
                                               forces around, primarily in Europe,                                                                               Stop and think about that. Our ad-
                                                                                                        break the bipartisan budget agreement                  versaries were out there building and
                                               that is what you hear more about. It is                  of 2019 that we passed. Congress passed
                                               important that we do it right and we                                                                            getting ahead of us in different areas.
                                                                                                        this agreement last December with a                    It is important to note that the bill ex-
                                               do it right away. It is going to take                    bipartisan support, and the President
                                               some time to do, but we need to get                                                                             empts military pay and the defense
                                                                                                        signed it into law. The fiscal year 2021               health program, which means this
                                               started.                                                 NDAA, or National Defense Authoriza-
                                                 The reason I am really excited about                                                                          amendment is actually the equivalent
                                                                                                        tion Act—the bill that we are working                  to a 14-percent cut. I am talking about
                                               this program is that this is not some-                   on right now, as we speak—fulfills this
                                               thing new. If I have good memories,                                                                             cuts in airplanes and equipment and
                                                                                                        agreement and provides a total of $740.5               assets that are military assets. This
                                               you might remember back when Gen.                        billion for our national defense. I would
                                               Jim Jones was the Supreme Allied                                                                                means the nuclear modernization and
                                                                                                        have preferred to see a higher number                  key research that help us stay com-
                                               Commander of NATO at that time. I                        at that time, but it is now the law of
                                               had gone to him and said: You know,                                                                             petitive with Russia. This is something
                                                                                                        the land.                                              that arguably cannot be done.
                                               one thing we really need to be doing is                    Even though the amount is lower
                                               to start readjusting where we have our                   than ideal, having budgetary certainty                   It means cuts to military construc-
                                               troops.                                                  is critical. It is what our military lead-             tion, including schools for military
                                                 At that time, we had a lot of troops,                  ers ask for every time they come before                kids, programs that support military
                                               as we do today, in Germany and a lot                     the committee that I chair and before                  families, and programs that support
                                               of training was taking place there. But                  Senator SHELBY’s committee. They                       our troops’ morale and welfare. It is
                                               because of the environmental move-                       need on-time, predictable, and stable                  just plain wrong.
                                               ment in Germany, they were giving us                     funding to do their job. And their jobs                  Our military combat commanders
                                               restrictions, saying you can only train                  are only getting harder right now. Our                 tell me and the committee that they
                                               with live ordnance maybe every 4 days                    adversaries are investing in their mili-               need on-time, predictable, and stable
                                               a week and not past sunset and all of                    taries and building new and advanced                   funding to do their jobs. This amend-
                                               that.                                                    weapons systems and acting more ag-                    ment would actually cut that by 14 per-
                                                 We were thinking that we were really                   gressively than we have ever seen be-                  cent in the areas that concern people.
                                               doing a great thing for Germany by                       fore in any of our adversaries.                        In the strongest possible terms, I urge
                                               stationing all our people over there be-                   The national defense strategy de-                    a ‘‘no’’ vote on this amendment.
                                               cause of all the money they spend and                    scribes this. This is a document, by the                 All this is going to happen while we
                                               all that. Yet they are not really trying                 way, that we adhered to. This is put to-               continue to face the burden that a pan-




SSpencer on DSK126QN23PROD with SENATE
                                               to help us.                                              gether by six Republicans and six                      demic has placed on our military. Our
                                                 We did some surveying. This is kind                    Democrats. It is one of these things                   military is a key part of the whole-of-
                                               of funny because John Bonsell, the                       where it was bipartisan. Everyone                      government response to the virus.
                                               staff director of my committee on the                    agreed on it. People who put this to-                    Our competitors haven’t given us a
                                               Republican side, and I went over to the                  gether were experts, and we have fol-                  free pass while this is all happening. In
                                               different countries—Bulgaria, Poland,                    lowed it to the letter ever since that                 fact, we have seen China and Russia
                                               and other different countries in that                    time.                                                  take advantage of this situation, and



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4333
                                               they have been acting more aggres-                         No. 1, if there is no income, there is               HOUSE, GARDNER, CORNYN, STABENOW,
                                               sively. At the same time, the Depart-                    no monthly payment. In other words, if                 TILLIS, and HASSAN. So, you see, there
                                               ment of Defense is working to protect                    you have a student loan, your monthly                  is an unusual amount of bipartisan
                                               our troops and the civilian workforce                    payment is zero—if you don’t have any                  support for both of these ideas.
                                               from the virus, and this needs to con-                   income for whatever reason.                              Experts before the Senate Education
                                               tinue to be a top priority. Everyone un-                   No. 2, when you do begin earning in-                 Committee have testified that simpli-
                                               derstands that. In fact, rather than                     come, your monthly payment will                        fying the FAFSA in this way would re-
                                               cutting the defense budget, we actually                  never be more than 10 percent of your                  move obstacles and would make it easi-
                                               need to support the military COVID re-                   income after you deduct the necessities                er for more low-income Americans to
                                               sponse with additional funding.                          of life, such as the cost of housing—                  attend college and would increase the
                                                 Take this one example. The defense                     rent or mortgage—and food.                             number of Pell grants each year.
                                               industrial companies have done a great                     No. 3, the same generous loan for-                     Last fall, Congress and the President
                                               job to ensure that their suppliers—pri-                  giveness that exists today for student                 took the first step in simplifying the
                                               marily thousands of small businesses—                    loan borrowers will still exist. After 20              FAFSA by allowing the Internal Rev-
                                               stay open and keep employees paid.                       years of payments for undergraduate                    enue Service to answer 22 questions
                                                 In the CARES Act, we gave the DOD                      loans and 25 years of payments for                     that applicants for grants and loans
                                               the authority and the tools to reim-                     graduate loans, if you still have an out-              had already answered on their tax re-
                                               burse these companies to keep the de-                    standing loan balance, your loan will                  turns.
                                               fense workforce strong, but the DOD                      be forgiven, and that will include all of                There are 20 million American fami-
                                               needs money to use these tools. If we                    the months your payment was zero be-                   lies who struggle to fill out this essen-
                                               don’t help these companies, defense                      cause you didn’t have any income.                      tial but unnecessarily complex form
                                               weapons programs and maintenance                           These same policies—no income, no                    each year who will be grateful to Con-
                                               will suffer more cost overruns, and the                  monthly payment—will be offered to                     gress if we will complete the job of
                                               defense industrial base will lose experi-                students who take out new loans in ad-                 simplifying the Federal aid application
                                               enced and trained workers, which                         dition to these policies being offered to              system at the same time we will make
                                               means schedule delays will be more                       existing student loan borrowers.                       it simpler for 43 million Americans to
                                               likely. These will be primarily the                        Under my proposal, new and existing                  pay back their student loans.
                                               small companies. These will not be the                   student loan borrowers will be offered                   There is one more piece of good news
                                               giants that are out there.                               one other option for paying back their                 in this proposal, and this news is for
                                                 This would be a good investment for                    loans. This option would be like a 10-                 the American taxpayer. Simplifying
                                               our national defense and a good invest-                  year mortgage: Make equal principal                    the student loan repayment system, as
                                               ment for the American taxpayer. Now                      and interest monthly payments over 10                  well as the system for applying for stu-
                                               is simply not the time to be cutting                     years until the loan is paid off. Some                 dent grants and loans, will save tax-
                                               our defense budget when we should be                     borrowers may prefer this option be-                   payers about $10 billion over 10 years,
                                               doing more. I know the author of the                     cause it could mean paying less inter-                 according to the Congressional Budget
                                               bill who would cut defense spending by                   est. Every borrower would be eligible                  Office. This is because the simpler sys-
                                               10 percent is very sincere and really be-                to switch from one option—the income-                  tem will also provide more certainty in
                                               lieves in his bill, but it is not the time               based payment—to the other option.                     the repayment of loans.
                                               to do it.                                                  The remaining good news in this pro-                   On October 1, 43 million Americans
                                                 I hope people understand that we are                   posal is that the concurrent bewil-                    with student loans are going to have to
                                               now in a position wherein there are ac-                  dering system of nine different ways of                restart making their monthly student
                                               tually different resources that are in                   paying off your student loan would be                  loan repayments. Congress deferred
                                               Russia and in China that are better                      thrown in the trash heap and replaced                  student loan payments in March, as I
                                               than ours. Hypersonic weapons are a                      by these two straightforward pro-                      said earlier, when the CARES Act—the
                                               good example. Hypersonic weapons are                     posals: No. 1, the income-based repay-                 COVID–19 relief bill—was signed into
                                               kind of state-of-the-art in both offense                 ment option, and No. 2, the 10-year,                   law, but that deferment expires on Sep-
                                               and defense, and they are ahead of us.                   mortgage-like option. These changes                    tember 30. There has never been a more
                                               They are ahead of us right now.                          will give some peace of mind to the 43                 important time to end the maddening
                                                 With this budget we are going to be                    million current borrowers and the tens                 complexity of student loan repayment
                                               passing, I think that we are going to be                 of millions of Americans who are ex-                   and make it simpler for Americans to
                                               making broad steps to recapture those                    pected to sign up for new student loans                pay off their student loans.
                                               areas in which we had previously been                    over the next 10 years.                                  Let me briefly review how the Stu-
                                               the leaders but now are not the leaders                    These ideas are neither new nor my                   dent Loan Repayment and FAFSA
                                               any longer.                                              ideas. They have been recommended by                   Simplification Act will work. It offers
                                                 I yield the floor.
                                                                                                        higher education experts numerous                      student loan borrowers just two op-
                                                 I suggest the absence of a quorum.
                                                 The PRESIDING OFFICER. The                             times when having testified before the                 tions: the standard 10-year repayment
                                               clerk will call the roll.                                Senate Education Committee during                      plan, just like a mortgage, or the in-
                                                 The legislative clerk proceeded to                     the past 6 years while we have consid-                 come-based plan that I have described.
                                               call the roll.                                           ered reauthorizing the Higher Edu-                     For borrowers with no income, if they
                                                 Mr. ALEXANDER. Mr. President, I                        cation Act. The concepts have also                     choose an income-based repayment
                                               ask unanimous consent that the order                     been suggested by many Senators on                     plan, their monthly payments would be
                                               for the quorum call be rescinded.                        both sides of the aisle, Democrats and                 zero. If borrowers in an income-based
                                                 The PRESIDING OFFICER. Without                         Republicans, including Senators KING,                  repayment plan earn income, the bor-
                                               objection, it is so ordered.                             BURR, RUBIO, MERKLEY, PORTMAN, WAR-                    rowers’ monthly payments would be
                                                   STUDENT LOAN REPAYMENT AND FAFSA                     NER, WICKER, MANCHIN, SHAHEEN, and                     based on the amounts of those incomes.
                                                           SIMPLIFICATION ACT                           COLLINS. All of them have suggested                      Let’s take an example. The average
                                                 Mr. ALEXANDER. Mr. President, in                       these concepts.                                        student loan for a 4-year college grad-
                                               March, Congress and the President said                     While we are simplifying the student                 uate today is about $30,000. So someone
                                               to 43 million student loan borrowers                     loan repayment system, I propose that                  with $30,000 in student loan debt who
                                               that, because of COVID–19, your stu-                     we also finish the job of reducing the                 makes $52,000 each year would be ex-
                                                                                                        Federal loan application of grants and                 pected to pay 10 percent of that bor-




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                                               dent loan payments will be deferred
                                               until October 1—no monthly payments                      loans—which everyone calls FAFSA—                      rower’s discretionary income, which is
                                               for 6 months for student loan bor-                       from about 108 questions to 20 to 33                   about $274 per month. So if you have a
                                               rowers.                                                  questions. This is an enterprise that a                $30,000 loan debt and you make $52,000 a
                                                 October 1 is just around the corner.                   number of us, both Democrats and Re-                   year, your monthly payment is going
                                               So what do we say to those 43 million                    publicans, have been working on for                    to be about $274 under this plan. Bor-
                                               student loan borrowers today? I pro-                     years, including Senators MURRAY,                      rowers under the plan would never
                                               pose that we say this:                                   BENNET, JONES, KING, COLLINS, WHITE-                   have to pay more than 10 percent of



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                                               S4334                                             CONGRESSIONAL RECORD — SENATE                                                          July 21, 2020
                                               their income that is not needed for ne-                    In addition, the bill reduces the com-                should find a President in the Oval Of-
                                               cessities.                                               plexity for borrowers who wish to par-                  fice who chooses to bring the police
                                                 If we don’t pass this legislation be-                  ticipate in the Public Service Loan                     tactics of dictators around the world to
                                               fore October 1, here is what will hap-                   Forgiveness Program, which creates an                   the streets of America, then that is the
                                               pen: Because of the confusing repay-                     incentive for borrowers to pursue jobs                  moment it is incumbent on every Mem-
                                               ment system we have today, too many                      in public service.                                      ber of this Chamber, who has sworn an
                                               borrowers     will   end   up    in   an                   Today, not all of the nine current re-                oath to our Constitution, who is deter-
                                               unaffordable, standard 10-year repay-                    payment plans are eligible for public                   mined to practice civil rights of Amer-
                                               ment, mortgage-type plan and will                        loan forgiveness, and borrowers can                     ica, to stand up and say: Not now, not
                                               have payments so high that they will                     have a hard time figuring out which                     here, not ever, and we put an end to it.
                                               find themselves in default. When we                      plan to choose. Under this legislation,                   That is why I brought forth this
                                               are through with this pandemic—when                      a borrower who wants loan forgiveness                   amendment—the Stop Secret Policing
                                               the economy improves and when these                      can’t choose the wrong plan because                     in America amendment—and ask for it
                                               borrowers are ready to tackle their                      there are only two and either applies,                  to be debated on this bill, because it in-
                                               debts—they will find that their student                  whether you choose the standard 10-                     volves police powers, military powers
                                               loan debts may have soared out of con-                   year repayment plan or the income-                      of the United States of America, and it
                                               trol.                                                    based repayment plan.                                   is happening right now.
                                                 I and Senator MURRAY of Washington                       By the end of September, in less than                   What am I talking about? Well, let
                                               State, who is the ranking Democrat on                    3 months, 43 million student loan bor-                  me give you some sense of what we
                                               our committee, have been working on                      rowers will be required by law to begin                 have seen on the streets of America in
                                               reauthorizing the Higher Education                       monthly payments again on their                         the past few days—as I note here, au-
                                               Act for nearly 6 years. We have held 19                  loans. Many of these borrowers won’t                    thoritarian governments, not demo-
                                               hearings over that time. We are mak-                     be able to afford these payments.                       cratic republics, and unmarked au-
                                               ing good progress. In fact, I was hope-                    I propose that we say to those bor-                   thorities at the protests. Well, this is
                                               ful we could mark up the bill this                       rowers: We have a better option for                     what we saw: Customs and Border Pro-
                                               spring, but between impeachment and                      you. No income, no monthly payment—                     tection in military uniform, in combat
                                               COVID, that just didn’t work out.                        whether because of COVID–19 or for                      camouflage, in the streets, no marking
                                                 In January, I saw a consensus emerg-                   any other reason. In other words, if you                what the organization is and no unique
                                               ing. It was for simpler, effective regu-                 have a student loan, you may defer                      identifier.
                                               lations to make it easier for students                   your monthly payment if you do not                        The head of the CBP said: No, no.
                                               to pay for college and to pay back their                 have any income. When you do begin                      They had markings and unique identi-
                                               loans. We discussed the complexity of                    earning income, your monthly pay-                       fiers. But here they are. And to make
                                               the Federal financial aid system. We                     ment will never be more than 10 per-                    it even worse, they look a whole lot
                                               heard from many experts. At one                          cent of your income after you deduct                    like protesters from the far right who
                                               roundtable, the president of the Uni-                    the necessities of life, such as the cost               come to make trouble, dressed in cam-
                                               versity of Tennessee told me it took                     of housing—rent or mortgage—and                         ouflage, and they actually have things
                                               him months to figure out how to pay                      food.                                                   that look more like badges than the ac-
                                                                                                          Now is the time to reduce the com-                    tual representatives of Customs and
                                               off his daughter’s Federal student
                                                                                                        plexity of student loan debt and finish                 Border Protection.
                                               loan—this was from a college presi-
                                                                                                                                                                  What else did we see? Here is a Navy
                                               dent—even with the money in his hand.                    the job of simplifying the FAFSA and
                                                                                                                                                                veteran standing in the street, who
                                                 So this is not a new problem, and the                  at the same time save the taxpayers
                                                                                                                                                                said he came down to the protest to
                                               solution I am proposing has been dis-                    money.
                                                                                                                                                                simply say: Are you honoring your
                                               cussed by our committee and many                           I yield the floor.
                                                                                                                                                                oath to the Constitution?
                                               Senators outside the committee for                                ADDITIONAL COSPONSORS TO S. 4220
                                                                                                                                                                  Here we have CBP officers beating
                                               nearly 6 years. It will help both those                    The PRESIDING OFFICER (Ms.                            him. Here is one baton. Here is an-
                                               who face loan payments starting on Oc-                   MCSALLY). The Senator from Oregon.                      other. They broke one of his bones,
                                               tober 1 and the millions of students                       Mr. MERKLEY. Madam President, I                       while this man here is pepper-sprayed
                                               who will be graduating with student                      ask unanimous consent that Senators                     in the face—a peaceful protester stand-
                                               debt.                                                    CASEY, UDALL, SHAHEEN, KAINE, SMITH,                    ing, being attacked by unmarked, war-
                                                 When it comes time to start repaying                   SCHUMER, FEINSTEIN, CARDIN, WHITE-                      prepared, dressed-in-camouflage forces
                                               those loans, students will have to navi-                 HOUSE, LEAHY, TESTER, SCHATZ, CORTEZ                    deployed by the President of the
                                               gate through a complicated number of                     MASTO, WARNER, and MENENDEZ be                          United States.
                                               options today—nine in total. I don’t                     added as cosponsors to S. 4220, the Pre-                  What else happened? Well, they de-
                                               want to go through them in detail be-                    venting Authoritarian Policing Tactics                  cided to not consult with the city and
                                               cause it would stagger the imagina-                      on America’s Streets Act.                               not consult with the State and not
                                               tion. For example, there is the 10-year                    The PRESIDING OFFICER. Without                        think carefully about what weapons
                                               standard repayment. There is the grad-                   objection, it is so ordered.                            they were carrying and how they use
                                               uated standard repayment. There are                          ADDITIONAL COSPONSORS TO AMENDMENT NO.              them, so impact munitions.
                                               two extended repayment options. There                                      2457 TO S. 4049                         This protestor right here in the sil-
                                               are five different programs based on                       Mr. MERKLEY. Madam President, I                       houette is standing, and he is holding
                                               your income: the income-contingent                       ask unanimous consent that Senators                     what appears to be a sign above his
                                               repayment, the original income-based                     STABENOW, CASEY, UDALL, SHAHEEN,                        head, or maybe it is a radio. Moments
                                               repayment, the revised income-based                      KAINE, SMITH, SCHUMER, FEINSTEIN,                       later in the video that shows this, he is
                                               repayment, the pay-as-you-earn plan,                     CARDIN, WHITEHOUSE, LEAHY, TESTER,                      shot down. You see him collapse on the
                                               and the revised pay-as-you-earn repay-                   SCHATZ, CORTEZ MASTO, WARNER, and                       street. A peaceful protestor, standing,
                                               ment. Those are all of the different                     MENENDEZ be added as cosponsors to                      making his case as guaranteed by the
                                               ways you can pay off your student                        Senate amendment 2457 to reform the                     Constitution of the United States of
                                               loans, which has confused the 43 mil-                    Department of Defense to limit the use                  America, and he is shot square between
                                               lion borrowers who have them.                            of Federal law enforcement officers for                 the eyes by President Trump’s forces
                                                 Now, if I lost you wandering through                   crowd control to S. 4049, the National                  deployed without permission and no co-
                                               that, you can get a sense of how those                   Defense Authorization Act for Fiscal




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                ordination with the local representa-
                                               43 million borrowers must feel.                          Year 2021.                                              tives or the Governor of the State of
                                                 The Student Loan Repayment and                           The PRESIDING OFFICER. Without                        Oregon. This young man, struck down,
                                               FAFSA Simplification Act ends that                       objection, it is so ordered.                            shot in the head, in the hospital in
                                               confusion. It will reduce those nine re-                     UNANIMOUS CONSENT REQUEST—AMENDMENT                 critical condition. He is doing better
                                               payment plans down to two—one                                               NO. 2457                             now, thankfully.
                                               standard payment, like a mortgage,                        Mr. MERKLEY. Madam President,                            Then these forces deploy away from
                                               and one payment based on income.                         when, in the course of time, America                    the Federal buildings and go into the



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4335
                                               streets and start snatching protestors                   with my colleague from Oregon who                      duce tensions on our streets. The fact
                                               and throwing them into unmarked                          shares this indignation, this outrage                  is, the protests in Portland have been
                                               vans—vans like this one right here.                      over the violation of the Constitution,                overwhelmingly peaceful. Crime in
                                                 One young man said: I was terrified.                   who will share those thoughts, and                     Portland and across Oregon was down
                                               He said: I didn’t know who these people                  then we will, together, ask to have a                  before Donald Trump sent in his secret
                                               were. They wouldn’t identify them-                       vote.                                                  police.
                                               selves. There is a video of people say-                    What is this Chamber if it cannot                      Donald Trump did not send that
                                               ing: Who are you all? And they won’t                     take on and hold a debate and a discus-                paramilitary force to keep people safe.
                                               answer. They grab him. He thinks they                    sion over authoritarian, secret policing               Donald Trump is doing it to create an
                                               might be those folks from the right-                     strategies brought to the streets of                   image of chaos, to air it on far-right
                                               wing protesters who come in camou-                       America?                                               television, scare the country, turn
                                               flage. He may be being kidnapped. He                       My colleague.                                        them into campaign ads, but these are
                                               doesn’t know. Even after he is thrown                      Mr. WYDEN. Madam President, I                        the people Senator MERKLEY and I are
                                               into a jail cell, it is not explained why                thank my colleague this afternoon be-                  honored to represent. These are the
                                               they grabbed him off the street.                         cause he speaks today with passion and                 people Donald Trump’s paramilitary
                                                 Secret police—unmarked—patrolling                      facts and clearly outlines what our                    forces attacked and terrorized. He calls
                                               streets, throwing people into unmarked                   constituents told us at home this past                 it a ‘‘great success.’’ As we have indi-
                                               vehicles, and sweeping them away—                        week, and I thank him for this partner-                cated, he has a game plan to basically
                                               that is what you get from authori-                       ship that Oregonians are seeing again                  make Portland an experiment and to
                                               tarian dictators, not a country, a re-                   on the floor of this great Senate.                     do it in other cities, especially, by his
                                               public where we have a constitution                        Madam President, Donald Trump has                    accounts, those with Democratic lead-
                                               and we have rights.                                      deployed a paramilitary squad to our                   ership and voters.
                                                 That is what is going on here. That is                 hometown in Portland. His secret po-                     This kind of abusive exercise of
                                               what has to stop here in America.                        lice are terrorizing my friends and                    power by a rogue President would have
                                                 Some of the headlines: Federal law                     neighbors. People across the country                   horrified our Founding Fathers. They
                                               enforcement use unmarked vehicles to                     need to understand that yesterday                      wrote a wonderful Constitution to pre-
                                               grab protesters off the streets. A Navy                  Donald Trump announced to America                      vent exactly this behavior because de-
                                               vet asked Federal officers in Portland                   that your friends and your neighbors                   mocracy cannot survive in a nation
                                               to remember their oaths; they broke                      are next.                                              that tolerates it. These tactics were
                                               his hand.                                                  There are unmarked vans full of                      used throughout the world a century
                                                 That is the Navy vet in the white                      armed men in military gear snatching                   ago to turn elected politicians into ty-
                                               sweatshirt who is being attacked, with                   people off the streets. They take people               rants.
                                               two officers batoning him while an-                      away. They hold them. They interro-                      The President’s first and most impor-
                                               other sprays him with pepper spray for                   gate them without justification and ul-                tant job is to keep Americans safe.
                                               standing in a peaceful protest.                          timately without charges.                              Residents of Portland are less safe and
                                                 Federal officers deployed in Portland                    Over the weekend, a very close per-                  less secure since Donald Trump de-
                                               didn’t have proper training, DHS says.                   sonal friend, Sharon Meieran, an ER                    ployed the secret police to our streets.
                                               Well, they shouldn’t have been there.                    doctor and a mom, was protesting                       The same thing—and I say this to col-
                                                 We need a bill to stop secret police in                peacefully and was tear-gassed without                 leagues wherever you are from—the
                                               America. We need a bill done as an                       provocation. She felt like she was see-                same things will happen in your com-
                                               amendment on this bill right now, on                     ing democracy pass right in front of                   munities where Donald Trump will
                                               this bill we are considering about mili-                 her eyes.                                              send his paramilitary forces.
                                               tary force, a bill that says that your                     Millions of Americans have seen the                    Frankly, when Donald Trump always
                                               organization has to be identified on a                   video of that local Navy veteran who                   talks about targeting Portland and
                                               uniform; that says there has to be a                     was repeatedly beaten and pepper-                      other cities, I say to Senator MERKLEY,
                                               unique identifier so you don’t think                     sprayed and left with broken bones.                    I wish he would target the coronavirus.
                                               you can just get away with anything                      People ask me: RON, what was his of-                   I wish he would put a fraction of his
                                               and abuse people and never be held ac-                   fense?                                                 passion for going after our cities into
                                               countable; a bill that says that if you                    I am sure Senator MERKLEY gets ex-                   dealing with the coronavirus because
                                               are there on a mission to defend monu-                   actly the same question: What did he                   while Donald Trump’s secret police are
                                               ments or buildings, you defend monu-                     do wrong?                                              out terrorizing Portland’s moms and
                                               ments or buildings; you don’t go out                       He was standing motionless, hands                    doctors and other peaceful protesters,
                                               through the streets—if you want to be-                   by his side, speaking up for the liberty               we face a raging pandemic and record-
                                               come crowd control in the streets and                    that he served to protect. People are                  high unemployment.
                                               take over a city, you have to have the                   stunned that this is happening on the                    I want us to renew the supercharged
                                               permission of the mayor or the permis-                   streets of our hometowns. We have                      unemployment benefits that people are
                                               sion of the Governor; and that the Fed-                  seen reports of agents ripping a mask                  going to lose this weekend. Donald
                                               eral Government, in transparency, in                     off of a protester who is obeying com-                 Trump isn’t doing any of that work.
                                               our democracy, has to tell us all, as                    mands, with hands in the air, only to                  What he is doing is making Americans
                                               participants, as this we-the-people gov-                 pepper spray the protester’s face. The                 in cities less safe and not dealing with
                                               ernment, that they are disclosing how                    secret police even threw flash bombs                   the coronavirus on top of it. He is at-
                                               many people, from where, are being                       and tear gas at a ‘‘wall of moms.’’ Here               tempting to cut resources for COVID
                                               sent to what city.                                       they are. Here they are in our home-                   testing and treatment. His administra-
                                                 This isn’t just some small issue. This                 town. You can see them, over the last                  tion is covering up data that the public
                                               is the President saying yesterday—                       couple of days: Moms and dads and now                  health professionals rely on to do their
                                               after bragging about what he has done                    their kids are going to peacefully sing                job. He does it repeatedly, anxious to
                                               in Portland to violate the rights of peo-                songs and protest for justice.                         cut the lifelines of 30 million jobless
                                               ple—saying he is looking at New York                       Oregonians are just standing up for                  Americans, sending them tumbling off
                                               and Chicago and Philadelphia and De-                     what is right. Only the cowards of the                 an economic cliff right in the middle of
                                               troit and Baltimore and Oakland—de-                      Trump administration would try to                      the worst economic crisis since the
                                               ploying these secret police tactics all                  convince America that these peaceful                   Great Depression.




SSpencer on DSK126QN23PROD with SENATE
                                               over this country.                                       protesters, the ‘‘wall of moms,’’ rep-                   He is not doing his job. He is ignoring
                                                 All I do right now is stand here and                   resent some kind of anarchist threat.                  his responsibilities. Both on the streets
                                               say: I want a vote on ending these se-                   It is nonsense.                                        of Portland and in Washington, DC,
                                               cret police practices in America. I say                    I condemn violence by anybody—al-                    when he walks away from dealing with
                                               to every Republican colleague and                        ways—and I spent much of last week                     the coronavirus, he isn’t keeping
                                               every Democratic colleague: I want a                     working for nonviolent solutions in my                 Americans safe. He is putting them in
                                               vote, and I am here in full partnership                  hometown and fresh approaches to re-                   more danger.



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                                               S4336                                             CONGRESSIONAL RECORD — SENATE                                                        July 21, 2020
                                                 As I have said repeatedly, Donald                      extremes on the other coast of Amer-                   in a title 32 status under the control of
                                               Trump ought to attack the coronavirus                    ica, he will come to the east coast as                 the State government. This would
                                               pandemic and not the people of Port-                     well.                                                  hinder their ability to keep our com-
                                               land. So that is why, very shortly, Sen-                   Let me just state the requirements of                munities safe. For these reasons, I ob-
                                               ator MERKLEY and I will offer an                         this amendment: identification of each                 ject.
                                               amendment that will block Donald                         officer, limiting Federal agents to                      The PRESIDING OFFICER. Objec-
                                               Trump from using these paramilitary                      their proper role in protecting Federal                tion is heard.
                                               forces in Portland or other cities where                 property, transparency and deployment                    The Senator from Oregon.
                                               they are unwanted.                                       of these officers, identification of                     Mr. MERKLEY. I say to my col-
                                                 What we are seeing in our hometowns                    them, and accountability are basic te-                 league from Oklahoma, that if these se-
                                               is these paramilitary squads brutally                    nets of law enforcement.                               cret police were released on the streets
                                               unleashed against peaceful protesters—                     We should not have to address this                   of Tulsa, you would be down here de-
                                               moms and veterans, doctors and activ-                    issue on the floor of the U.S. Senate,                 fending your constituents, but you
                                               ists. All they want to do is speak out                   and we are doing it only because the                   have a responsibility to defend all con-
                                               for liberty and justice.                                 President has broken the norms. He                     stituents across the country, the rights
                                                 What Donald Trump is now doing is                      has disrespected the law. Every Sen-                   of all citizens in the United States of
                                               incompatible with the fundamental                        ator in this body, regardless of party,                America.
                                               principles of democracy laid out by our                  should be standing up and speaking out                   I am not asking you to support my
                                               Founders and expanded throughout the                     in support of this amendment. I thank                  bill. I am not asking you to make the
                                               generations. I believe what Donald                       my colleague for speaking our truth to                 argument for it. I am asking for the
                                               Trump is doing, in light of his state-                   power.                                                 simple courtesy that this Chamber do
                                               ment yesterday, to America, that he is                     I yield the floor.                                   the job it is vested with under the Con-
                                               going to go after one city after an-                       The PRESIDING OFFICER. The Sen-                      stitution, which is to take up serious
                                               other, is totally out of control. The                    ator from Oregon.                                      issues that arise in America, hold a
                                               Senate cannot allow this to happen.                        Mr. MERKLEY. On behalf of two Or-                    dialogue about them on this floor, and
                                               That is why Senator MERKLEY and I                        egon Senators and my colleague from                    take a vote to show the American peo-
                                               are calling for the Senate to act.                       Connecticut and the 34 other Senators                  ple where we stand in the hopes to
                                                 I thank my friend and colleague for                    who are standing up for democracy,                     solve the problem.
                                               his leadership. He has made it clear                     rights, and against secret police, I ask                 I have no doubt that I wouldn’t get
                                               that 100 percent of Oregon’s U.S. Sen-                   unanimous consent to call up amend-                    100 votes. You raise some interesting
                                               ators are going to keep pushing and                      ment No. 2457, an amendment to limit                   points. You note that my request to de-
                                               fighting until this changes.                             Federal law enforcement officers for                   bate a very serious issue in America
                                                 I yield the floor.                                     crowd control; that there be 2 hours for               circumvents process. I can state that
                                                 The PRESIDING OFFICER. The Sen-                        debate, equally divided between oppo-                  for 200 years this Chamber believed it
                                               ator from Oregon.                                        nents and proponents; that upon dis-                   was here to address serious issues, and
                                                 Mr. MERKLEY. The support is felt                       position of the Tester amendment, the                  they didn’t raise process issues to keep
                                               strongly throughout Oregon to stop the                   Senate vote in relation to the amend-                  serious issues from being debated. You
                                               secret police in America, but it is a                    ment, with no amendments in order                      didn’t need unanimous consent. Just a
                                               coast-to-coast feeling, and I yield to                   prior to the vote and with all other                   few decades ago, I was here watching
                                               my colleague from Connecticut to                         provisions under the previous order re-                this Chamber working the Tax Reform
                                               speak for the other side of the country.                 maining in effect.                                     Act and watching each amendment
                                                 The PRESIDING OFFICER. The Sen-                          The PRESIDING OFFICER. Is there                      completed, and as soon as it was done,
                                               ator from Connecticut.                                   objection?                                             the next Senator asked for the recogni-
                                                 Mr. BLUMENTHAL. Madam Presi-                             Mr. INHOFE. Reserving the right to                   tion of the Chair. In fact, normally
                                               dent, I want to thank from my heart                      object.                                                there would be about 10 Senators say-
                                               our two colleagues from Oregon who                         The PRESIDING OFFICER. The Sen-                      ing—and it was always ‘‘Mr. Presi-
                                               are standing up and championing not                      ator from Oklahoma.                                    dent.’’ Now it is often ‘‘Madam Presi-
                                               just their hometowns, not just the con-                    Mr. INHOFE. Well, first of all, I don’t              dent.’’ But they were getting attention
                                               stituents of their State, but they are                   know how long I have sat and listened                  because the next person who spoke got
                                               speaking for every hometown and                          to this—a long time—probably not as                    the next amendment.
                                               every citizen of our country from every                  long as it seems. ‘‘Secret police, sadis-                This system has taken away the fun-
                                               party, from every corner of our great                    tic, cruel.’’ I am beginning to come to                damental responsibility of Senators to
                                               Nation.                                                  the conclusion that they are not going                 be able to introduce important issues
                                                 Let me just say very simply, these                     to be supporting Donald Trump for re-                  in America, have them debated, and
                                               pictures of heavily armed, unidentified                  election.                                              voted on. My colleague says: Well, we
                                               individuals in camouflage fatigues                         I rise to object to my colleagues’ re-               have a new process where the majority
                                               driving unmarked vehicles, grabbing                      quest for unanimous consent. This                      leader and the ranking member of the
                                               individuals and throwing them into                       body has worked together to carefully                  committee consult and decide what
                                               their car, would be something we would                   consider each and every one of the 739                 should be considered. That concentra-
                                               associate with the worst nightmare of                    amendments filed on the NDAA. It                       tion of power is totally at odds with
                                               a two-bit dictatorship. Here we see it                   never happened before. We adopted                      the vision of this Chamber developed
                                               in the United States of America.                         those amendments that have broad-                      by our Founders.
                                                 I spent almost my whole career in                      based, bipartisan support. The major-                    Mr. INHOFE. Will the Senator yield?
                                               law enforcement before I came to this                    ity and minority have worked together                    Mr. MERKLEY. I will not yield until
                                               body, and I am embarrassed and                           to determine which amendments would                    I am done. That was one of his argu-
                                               ashamed that this kind of sadistic,                      be brought up for a vote. Senator                      ments; that it circumvents process.
                                               cruel, hate-filled coup was done in the                  MERKLEY’s request for a UC cir-                          The second is, he said it takes equip-
                                               name of law enforcement. What we wit-                    cumvents that process.                                 ment away and training away, and yet
                                               nessed in Oregon was in no way law en-                     Further, this morning, the Senate                    my bill doesn’t deal with equipment or
                                               forcement. It was a violation of the law                 adopted my commonsense amendment                       training. So, clearly, that argument
                                               and of individual rights, and it is com-                 that will ensure that law enforcement                  doesn’t stand.




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                                               ing to your hometown as well. The                        has the right equipment and the right                    Then he noted title 32 status under
                                               President has specifically named Chi-                    training. Senator MERKLEY’s amend-                     the control of the Governor, but this
                                               cago, Philadelphia, Detroit, Baltimore,                  ment flies in the face of that respon-                 bill says an expanded role of crowd con-
                                               and Oakland. It will come to Hartford                    sible approach.                                        trol occurs under the permission of the
                                               and my hometown Stanford and other                         His amendment would hamstring                        Governor, not without it.
                                               cities in Connecticut. Have no fear, if                  Federal and civilian law enforcement                     So this is why these issues should be
                                               the President will go to these abusive                   and our military, even when operating                  debated on this floor. I call on all my



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4337
                                               colleagues to return the Senate to a                       Yes, America is coming back from                     with chronic medical conditions. The
                                               place where serious and important                        the coronavirus. The prepandemic                       country is conducting a record number
                                               issues regarding the rights of Ameri-                    economy was strong; it was healthy;                    of tests. More than 45 million people
                                               cans can be considered and not shoved                    and it was growing. Every part of the                  have been tested. I think the number is
                                               aside because one Member doesn’t want                    economy had record job growth. Unem-                   now close to 50 million. There are well
                                               them addressed. That is a challenge for                  ployment was at a 50-year low. Shut-                   over 700,000 tests each day.
                                               this Chamber, but we have a bigger                       ting down the economy slowed the                         Widespread testing allows us to pin-
                                               challenge, which is how do we defend                     spread of the virus, but it did not                    point virus hotspots so we are able to
                                               the rights of our citizens if we can’t                   eliminate it. It saved lives, and it                   surge aid where it is most needed. Hos-
                                               put an amendment on the floor and                        bought us time.                                        pitals now have more effective COVID–
                                               have it debated and voted on?                              Reopening was never conditioned on                   19 treatments. I talked to doctors
                                                 So, to all my colleagues who believe                   having a vaccine, nor was it condi-                    around the State of Wyoming and
                                               the secret police have no role in Amer-                  tioned on eliminating the virus en-                    around the country. We are seeing in-
                                               ica; that unidentified officers, dele-                   tirely. Businesses, large and small, are               credible progress in vaccine trials. A
                                               gated without proper training, without                   today continuing to reopen, and they                   successful vaccine is vital to beating
                                               consultation, without coordination,                      are opening in a safe, scientific, and                 the virus.
                                               who are beating up peaceful protesters                   sensible way. I saw it all across Wyo-                   Now, it is key to the economic come-
                                               have no place in America; that they                      ming the last 2 weeks as I traveled the                back as well. Scientists hope to have a
                                               are being thrown into a van, and you                     State.                                                 vaccine ready in record time—actually,
                                               don’t even know what that van is or                        In Casper and Cheyenne, Main Street                  before the end of this calendar year.
                                               who those people are has no place in                     is busy again. Mom-and-pop businesses                  All this progress has given businesses
                                               America; that the tactics of Duterte in                  are bringing back workers. Cody was                    the confidence to reopen and to put
                                               the Philippines and Putin in Russia                      full of activity over the Fourth of July.              people back to work. A solid majority
                                               and Erdogan in Turkey have no place                      Yellowstone is welcoming thousands of                  of Americans now will tell you that
                                                                                                        visitors, and people are heading to all                they see their finances as being stable.
                                               in America; who believe in a ‘‘we the
                                                                                                        of the activities in Thermopolis. The                    Consumer spending the last 2 months
                                               people’’ government; those colleagues I
                                                                                                        rodeos have been a huge success. Wyo-                  has been way up. Manufacturing has
                                               thank, and let’s bring this issue to the                                                                        started to take off again. Simply put,
                                               floor and have the debate and have the                   ming is literally back in the saddle
                                                                                                                                                               the pro-health, pro-jobs policies that
                                               vote.                                                    again.
                                                                                                          Businesses all over the country are                  this Senate has put in place, those poli-
                                                 I suggest the absence of a quorum.                                                                            cies are working. We are only getting
                                                 The PRESIDING OFFICER. The                             bouncing back and bringing back work-
                                                                                                        ers. In June, the economy added nearly                 started.
                                               clerk will call the roll.                                                                                         Now Congress must build on the
                                                 The bill clerk proceeded to call the                   5 million jobs. It shattered all fore-
                                                                                                                                                               CARES Act successes. The next bill,
                                               roll.                                                    casts. This was by far the largest ever
                                                                                                                                                               the one that we are working on now,
                                                 Mr. MERKLEY. Madam President, I                        monthly jobs gain in U.S. history.
                                                                                                                                                               cannot be a bloated bailout bonanza.
                                               ask unanimous consent that the order                     More than 7 million people have been
                                                                                                                                                               We will not pass Speaker PELOSI’s bill
                                               for the quorum call be rescinded.                        hired back in the last 2 months. May                   from Handout Heaven. No, the next aid
                                                 The PRESIDING OFFICER. Without                         and June job creation set records.                     measure must be focused. It must be
                                               objection, it is so ordered.                               The recent rise in new COVID–19
                                                                                                                                                               focused on healthcare and safety and
                                               ADDITIONAL COSPONSORS—AMENDMENT NO. 2457                 cases, to me, as a doctor, is troubling.
                                                                                                                                                               schools and jobs.
                                                 Mr. MERKLEY. Madam President, I                        Still, it is no reason to stop reopening,                Here is my three-part test for the
                                               ask unanimous consent that Senators                      as long as we open in a responsible                    next pandemic package. Will it save
                                               ROSEN and HASSAN be added as cospon-                     way.                                                   lives? Will it save lives with testing,
                                                                                                          Now, people have made great sac-                     treatment, and vaccines? I am very op-
                                               sors to Senate amendment No. 2457, to
                                                                                                        rifices. We all did what the experts said              timistic of what I have seen about the
                                               reform Department of Defense to limit
                                                                                                        we needed to do. Now Americans are                     research with the new vaccine. Will it
                                               the use of Federal law enforcement of-
                                                                                                        ready to get back to business and get                  protect our medical community and
                                               ficers for crowd control, and to S. 4049,
                                                                                                        back to work. People don’t want an-                    small businesses and schools from friv-
                                               the National Defense Authorization
                                                                                                        other shutdown, and you know that.                     olous lawsuits? There are 3,500 that
                                               Act for Fiscal Year 2021.
                                                                                                        You have seen that in your own home                    have already been filed across the
                                                 The PRESIDING OFFICER. Without
                                                                                                        State, and they most assuredly don’t                   country by sue-and-settle lawyers fo-
                                               objection, it is so ordered.
                                                                                                        want laws coming out of Congress that                  cused on coronavirus. And will it get
                                                 Mr. MERKLEY. Madam President.
                                                                                                        make it easier to stay closed and hard-                people back to work and children back
                                                 The PRESIDING OFFICER. The Sen-
                                                                                                        er to reopen. As a doctor, I know we                   to school safely?
                                               ator from Oregon.
                                                                                                        can flatten the virus curve without                      We must help schools reopen in a safe
                                                 Mr. MERKLEY. My apologies to my
                                                                                                        flattening or flatlining the economy.                  way. Children need to get back to
                                               colleague from Wyoming. I think we
                                                                                                        People can resume normal life and stay                 school. It is essential for their well-
                                               are not in quorum call.
                                                                                                        healthy.                                               being. That is why the Nation’s pedia-
                                                 The PRESIDING OFFICER. You are
                                                                                                          The key, of course, is for all of us to              tricians—the American Academy of Pe-
                                               not.
                                                                                                        do our part and take the proper pre-                   diatrics—is urging schools to reopen,
                                                       ADDITIONAL COSPONSORS—S. 4220
                                                                                                        cautions, and we know what they are:                   and they say with the children phys-
                                                 Mr. MERKLEY. Madam President, I                        Social distancing, good hygiene, and, of               ically present—with the children phys-
                                               ask unanimous consent that Senators                      course, wearing masks. As a doctor, I                  ically present. Remote learning, we
                                               ROSEN and HASSAN be added as cospon-                     know masks help lower the infection                    know, for very young people, has not
                                               sors to S. 4220, the Preventing Authori-                 spread, especially indoors when we                     worked. Children cannot lose another
                                               tarian Policing Tactics on America’s                     can’t socially distance. Together, we                  year of school. To lose a full year of
                                               Streets Act.                                             can manage the risk, and, as a nation,                 school for these young people would be
                                                 The PRESIDING OFFICER. Without                         we can move forward.                                   devastating. It would be a learning
                                               objection, it is so ordered.                               Millions of Americans are returning                  loss, as well as a loss of the ability to
                                                 The PRESIDING OFFICER. The Sen-                        to work and doing it safely. Congress’s                learn and making it that much harder
                                               ator from Wyoming.                                       rapid response to the pandemic back in




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                                                                                                                                                               to pick up further down the line. And if
                                                               ECONOMIC GROWTH                          March set this recovery in motion.                     kids aren’t in school, many parents
                                                 Mr. BARRASSO. Madam President, I                       Medical workers now have better tools                  can’t go back to work. Most people
                                               come to the floor today to discuss our                   for virus testing, for treating the dis-               with their jobs cannot work from
                                               economic recovery. Let me be clear.                      ease, and for developing a vaccine.                    home.
                                               Our economy will not shut down again.                    Americans are doing everything they                      So I urge my colleagues on the other
                                               Government will not forcibly close                       can to protect the most vulnerable. We                 side of the aisle, my Democratic col-
                                               businesses for a second time.                            are taking care of seniors and people                  leagues, to join us, to join our effort to



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                                               S4338                                             CONGRESSIONAL RECORD — SENATE                                                         July 21, 2020
                                               reopen our economy and reopen our                        against Americans. When the American                   priority during negotiations of the con-
                                               schools.                                                 military and troops of our country are                 ference committee to restore full fund-
                                                 I yield the floor.                                     used against Americans, there ought to                 ing for two submarines, even beyond
                                                 I suggest the absence of a quorum.                     be at least the same accountability as                 the commitment in this NDAA, to a
                                                 The PRESIDING OFFICER. The                             when American troops are used abroad,                  second Virginia-class submarine in this
                                               clerk will call the roll.                                with the same kind of checks—maybe                     budget authorization.
                                                 The bill clerk proceeded to call the                   not identical, but the same kinds of                     I was pleased, again, to see action by
                                               roll.                                                    checks—because the President using                     the House, which provides for two fully
                                                 Mr. BLUMENTHAL. Madam Presi-                           troops against our own citizens denies,                funded Virginia-class submarines in
                                               dent, I ask unanimous consent that the                   potentially, fundamental freedoms, and                 the House Armed Services Committee
                                               order for the quorum call be rescinded.                  the need for accountability is even                    version of the NDAA.
                                                 The PRESIDING OFFICER. Without                         more urgent. Our military should de-                     In addition to fully funding the first
                                               objection, it is so ordered.                             fend liberties, not endanger them, mis-                Columbia-class submarine—a historic
                                                                      S. 4049                           directed by a misguided President.                     milestone for this program—the Senate
                                                 Mr. BLUMENAUER. Madam Presi-                             Despite my disappointment in the                     version added an additional $175 mil-
                                               dent, I am proud to talk about the Na-                   Senate’s lack of action to curtail the                 lion for Columbia-class supplier devel-
                                               tional Defense Authorization Act,                        President’s unaccountable use and                      opment. The heroes in this story are
                                               which has come to this body with a                       abuse of military power, I am proud of                 not only the big contractors. They are
                                               strong bipartisan vote from the Armed                    a number of provisions that I also au-                 the supply chains—not only the compa-
                                               Services Committee where I serve. I                      thored in this bill that invest in our                 nies with hundreds of employees but
                                               am proud to have helped to craft this                    most valuable military asset, our serv-                the components makers and the parts
                                               legislation, and I am proud to be voting                 icemembers and their families.                         manufacturers that may make tiny
                                               for some of the amendments that have                       I am grateful to all of the military                 pieces of the submarine by comparison
                                               been permitted votes on the floor.                       spouses and advocates from across the                  to its massive length. They are all he-
                                                 One that has not been permitted re-                    country who shared their challenges                    roes of our defense industrial produc-
                                               lates to the Insurrection Act, a 213-                    with me and my office. Their stories,                  tion.
                                               year-old law that has been invoked at                    their voice, and their faces made an                     People are the foundation of the sub-
                                               various points in our history to protect                 immensely impactful difference. We                     marine industrial base, and this bill
                                               civil rights as it was during the era of                 used their experience to craft these                   authorizes an additional $20 million in
                                               desegregation, but President Trump                       overdue policies.                                      workforce development funding. I will
                                               has threatened to use this slavery-era                     I want to say to those families—to                   seek to expand the supplier develop-
                                               law to silence calls for justice from                    the spouses and loved ones—that they                   ment program, which provides the kind
                                               Americans protesting centuries of rac-                   serve as much as the men and women                     of support that the supply chain needs.
                                               ist oppression.                                          they support in uniform.                                 We must ensure that the final bill
                                                 In effect, he has threatened to invert                   The NDAA includes important provi-                   preserves not only the necessary levels
                                               the Insurrection Act to deprive Ameri-                   sions that I championed to hold com-                   of funding for the Virginia-class and
                                               cans of their First Amendment right.                     manders accountable to military fami-                  the Columbia-class submarines but also
                                               So I introduced a bill called the CIVIL                  lies, make childcare more affordable,                  for continued growth of our fifth gen-
                                               Act that would preserve Presidential                     expand support for military moms, and                  eration fighter fleet. It is a key compo-
                                               accountability to Congress whenever                      prevent mental health discrimination.                  nent of our national defense. The Sen-
                                               the Insurrection Act is invoked. It                      These measures are profoundly impor-                   ate version of the NDAA authorizes the
                                               would require the President to consult                   tant.                                                  growth of the F–35 fleet by 93 aircraft,
                                               with Congress prior to invoking the act                    Provisions I authored with Senator                   including 14 aircraft above the Presi-
                                               and provide certification to Congress                    KAINE will make childcare more afford-                 dent’s budget request.
                                               to justify the use of this authority. It                 able by authorizing hardship waivers,                    I remain a staunch advocate of the
                                               has other provisions.                                    requiring fee reductions for families                  CH–53K program. I was happy to see
                                                 It was voted down in the markup of                     with more than one child. And the                      the House Appropriations Defense Sub-
                                               the Armed Services Committee, but I                      NDAA will support those military                       committee fund nine CH–53K heli-
                                               sought a vote on the floor. Apparently,                  moms by extending TRICARE to in-                       copters. I am going to work to ensure
                                               it will not happen.                                      clude other kinds of services.                         that the final NDAA also authorizes
                                                 If the President uses force against                      The Connecticut military industrial                  nine helicopters.
                                               Americans at home, Congress should                       base will benefit from the increased ex-                 I want to congratulate and thank Si-
                                               demand at least the same check that                      penditure and the robust investment in                 korsky, Pratt & Whitney, Raytheon
                                               applied to his use of force against ad-                  two Virginia-class submarines. My pri-                 Technologies, and, again, the many
                                               versaries abroad.                                        ority during the negotiations on the                   suppliers throughout Connecticut that
                                                 I offered this act as an amendment,                    conference committee will be to ad-                    contribute to an aerospace program
                                               and I am grateful to all my Democratic                   vance this cause.                                      second to none in the world.
                                               colleagues on the committee for sup-                       These provisions for expanding our                     Finally, let me talk a little bit about
                                               porting it. I am also grateful to the                    production of submarines and other                     the Fair Care for Vietnam Veterans
                                               House of Representatives, which, just                    military platforms must also focus on                  Act of 2020. Later this week, we will
                                               yesterday, passed an NDAA amend-                         our supply base, on the workforce that                 vote on an amendment to the NDAA
                                               ment to its bill modifying the CIVIL                     keeps us safe, and on men and women                    based on a bicameral Fair Care for Vet-
                                               Act, which I introduced. It is called the                who comprise, indeed, the most tal-                    erans Act of 2020.
                                               Curtailing Insurrection Act Violations                   ented workforce, using and building                      In March, I, along with Senator
                                               of Individuals’ Liberties. I would like                  unmatched military technology to                       TESTER and 30 Senate colleagues, intro-
                                               to thank my colleagues on the House                      keep our countries secure.                             duced this legislation to require the
                                               side who supported this amendment,                         We should keep in mind the families                  VA to provide benefits for veterans suf-
                                               particularly Congresswoman ESCOBAR,                      of our military and continue fighting                  fering     from      bladder       cancer,
                                               who led the charge in the House Armed                    for even more provisions that enable                   hypothyroidism, Parkinsonism, and
                                               Services Committee and on the House                      them to continue their great work, but                 hypertension.
                                               floor.                                                   these military platforms assure that                     The National Academy recognizes




SSpencer on DSK126QN23PROD with SENATE
                                                 I urge our colleagues, whether it is                   our troops will never have a fair fight—               that these illnesses have an association
                                               now in the course of considering the                     that they will always be superior, no                  with herbicide exposure. It reached
                                               NDAA or at some point in the future,                     matter what the terrain or arena or                    that conclusion in 2016. Since then, I
                                               to hold the President, any President—                    the fight.                                             have been fighting, along with many of
                                               we are talking not only about this                         I am pleased that the NDAA makes                     my colleagues, to get the VA to include
                                               President but any President—account-                     robust investments in Connecticut’s in-                these four conditions as presumptive
                                               able when he uses military force                         dustrial base. I will make as my top                   conditions linked to Agent Orange,



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                                               July 21, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4339
                                               only to have this administration’s offi-                 our quality of life and the quality of                 stressors and depleted resources in-
                                               cials block us at every turn.                            services that we provide on education,                 crease the likelihood of public health
                                                 Despite the scientific proof—the in-                   healthcare, housing, and all of the                    disparities like the one I am discussing
                                               controvertible science that these con-                   other infrastructure, including trans-                 today. If there ever were a time to in-
                                               ditions are linked to Agent Orange—                      portation. We need to consider those                   vest in mental health, it is now.
                                               and despite more than 83,000 veterans                    factors and do what is necessary to as-                  In a recent article from the Journal
                                               who suffer from these conditions, the                    sure that our warfighters and our mili-                of the American Medical Association,
                                               Trump administration’s VA resisted                       tary never have a fair fight, that they                researchers discussed several risk fac-
                                               and refused to acknowledge the connec-                   always predominate on the battlefield.                 tors that put our Nation collectively at
                                               tion.                                                    We must protect our veterans to whom                   a higher risk for suicide. These risk
                                                 I look forward to voting to add blad-                  we make the commitment that we will                    factors include economic stress, de-
                                               der    cancer,    hypothyroidism,    and                 always have their backs when they                      creased access to community and reli-
                                               Parkinsonism to the list of Agent Or-                    come home.                                             gious support systems, lack of access
                                               ange presumptives. One condition in                        I yield the floor.                                   to adequate mental health and suicide
                                               our bill, hypertension, was not in-                        The PRESIDING OFFICER. The ma-                       prevention services, and social isola-
                                               cluded in this NDAA amendment, but I                     jority leader.                                         tion. This has unfortunately caused a
                                               am committed to adding it during con-                                                                           severe lack of personal and social con-
                                                                                                                          f
                                               ference. It is supported by the science                                                                         nection, which we know to be a protec-
                                               as a condition linked to Agent Orange.                              EXECUTIVE SESSION                           tive factor against suicide.
                                                 The Trump administration says it                                                                                This evening I want to specifically
                                               doesn’t want to spend the money to                                                                              highlight veterans as they face unique
                                               cover the four conditions in this bill,                         EXECUTIVE CALENDAR                              risk factors for suicide, in addition to
                                               but when we send people to war, we                         Mr. MCCONNELL. Madam President,                      the increased stress around COVID–19.
                                               make a commitment. We make a com-                        I move to proceed to executive session                 Research illustrates that veterans have
                                               mitment, and we accept an obligation                     to consider Calendar No. 643.                          a higher rate of suicide and certain
                                               to treat them, no matter what the cost,                    The PRESIDING OFFICER. The                           mental health conditions than their ci-
                                               no matter what the cause of their serv-                  question is on agreeing to the motion.                 vilian peers. We know there is not one
                                               ice-related injuries are when the                          The motion was agreed to.                            single explanation or reason for sui-
                                               science and the facts support it. Facts                    The clerk will report the nomination.                cide, and there is no one single treat-
                                               are stubborn things, as many have                          The senior assistant legislative clerk               ment or prevention strategy.
                                               said. To the veterans in Connecticut                     read the nomination of William Scott                     While post-traumatic stress disorder
                                               and nationwide, I will never stop fight-                 Hardy, of Pennsylvania, to be United                   and traumatic brain injuries are promi-
                                               ing to get good healthcare for our vet-                  States District Judge for the Western                  nent among veterans and are known as
                                               erans. I know this issue is bipartisan in                District of Pennsylvania.                              an invisible wound of war, we now real-
                                               its support.                                                              CLOTURE MOTION                        ize other conditions, such as depres-
                                                 I look forward to voting in favor of                     Mr. MCCONNELL. I send a cloture                      sion, anxiety, and substance use dis-
                                               the fiscal year 2021 NDAA, but I also                    motion to the desk.                                    order, also contribute to suicide among
                                               think our colleagues must recognize                        The PRESIDING OFFICER. The clo-                      veterans and all Americans.
                                               that military spending alone does not                                                                             Our veterans are fighting new bat-
                                                                                                        ture motion having been presented
                                               guarantee our national security. These                                                                          tles, and the stress caused by COVID–19
                                                                                                        under rule XXII, the Chair directs the
                                               weapons platforms and the hardware                                                                              has only exacerbated these issues. Just
                                                                                                        clerk to read the motion.
                                               that we produce does not constitute,                                                                            recently, two veterans from different
                                                                                                          The senior assistant legislative clerk
                                               alone, our national defense. It is the                                                                          generations, who lived on different
                                                                                                        read as follows:
                                               quality of our people, whether they are                                                                         coasts and fought in different wars dec-
                                                                                                                      CLOTURE MOTION
                                               in the supply chain or the defense es-                                                                          ades apart, died by suicide. One was a
                                                                                                          We, the undersigned Senators, in accord-             74-year-old veteran who died on the
                                               tablishment or our troops on the
                                                                                                        ance with the provisions of rule XXII of the
                                               ground or in the air or at sea. To re-                                                                          campus of a VA facility in San Diego,
                                                                                                        Standing Rules of the Senate, do hereby
                                               cruit and train the best possible mili-                  move to bring to a close debate on the nomi-           and the other was a former Green Beret
                                               tary, we need to have a strong non-                      nation of William Scott Hardy, of Pennsyl-             in Washington, DC. They are two of the
                                               military infrastructure. Education,                      vania, to be United States District Judge for          20 veterans who are lost each day to
                                               healthcare, housing—our national de-                     the Western District of Pennsylvania.                  suicide—a number we know as far too
                                               fense includes those essential compo-                        Mitch McConnell, Chuck Grassley, Cindy             great.
                                               nents.                                                        Hyde-Smith, Michael B. Enzi, Tim                    The Army recently lost a respected
                                                 So I believe that we must scrutinize                        Scott, Marco Rubio, Lamar Alexander,              soldier known as ‘‘Captain America.’’
                                               this budget with a view to reducing                           James E. Risch, David Perdue, Bill                Master Sergeant Marckesano fought in
                                                                                                             Cassidy, Pat Roberts, John Cornyn,                Afghanistan, and according to news re-
                                               any expenditures that are unnecessary.                        Lindsey Graham, Thom Tillis, Deb
                                                 I will state as a matter of principle                       Fischer, Mike Crapo, Kevin Cramer.
                                                                                                                                                               ports, 30 soldiers from his former unit
                                               that when we vote on this NDAA, I will                                                                          have died by suicide since their 2009 de-
                                               be supportive of amendments that                           Mr. MCCONNELL. I ask unanimous                       ployment. Until the end, Master Ser-
                                               might potentially achieve more equity                    consent that the mandatory quorum                      geant Marckesano was encouraging
                                               and effectiveness in the way we make                     call be waived.                                        members of his old unit to reach out
                                               commitments in support of our na-                          The PRESIDING OFFICER. Without                       and talk if they found themselves
                                               tional defense. We must interpret as                     objection, it is so ordered.                           struggling, telling them ‘‘Don’t let the
                                               broadly as is necessary how that de-                       Mr. MCCONNELL. I yield the floor.                    valley win.’’ Even soldiers who try to
                                               fense must be supported.                                   The PRESIDING OFFICER. The Sen-                      be strong for others find themselves in
                                                 It is not alone the money in this                      ator from Kansas.                                      a circumstance where they don’t see
                                               NDAA; it is also what we commit to ra-                       COMMANDER JOHN SCOTT HANNON VETERANS               another option, and they lose their bat-
                                               cial justice in this country; the quality                     MENTAL HEALTH CARE IMPROVEMENT ACT                tle.
                                               of our policing and our education,                         Mr. MORAN. Madam President, I am                       Another veteran I want to highlight
                                               which should not depend on a young                       here this evening to discuss a tragic                  today who fought a battle with his
                                               person’s ZIP Code; the quality of our                    issue that is affecting way too many                   mental health was Commander John
                                                                                                        Americans across the country. This




SSpencer on DSK126QN23PROD with SENATE
                                               healthcare, which right now has racial                                                                          Scott Hannon. Commander Hannon’s
                                               disparities that are inexcusable; hous-                  tragedy is mental health and suicide. A                DD–214 illustrates that he was a deco-
                                               ing that often results from redlining;                   majority of Americans are encoun-                      rated Navy SEAL, but he was much
                                               and protections in the workplace,                        tering an unprecedented amount of                      more than his service history and the
                                               which could be achieved by a fairer,                     stress due to COVID–19, and resources                  wounds he bore as a result. His family
                                               more effective use of OSHA.                              previously used to help individuals                    and friends remember him as a pas-
                                                 The quality of our society and our                     cope are even more limited. What is                    sionate mental health advocate for vet-
                                               projection of power abroad depend on                     more concerning is that compounding                    erans with a gentle heart and a fierce



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