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Congressional Record, Senate, July 22, 2020 — S. 4049 Resumed and Coronavirus Relief

Summary

Page S4365 of the Senate section of the Congressional Record for July 22, 2020. A speaker criticizes Leader McConnell for not mentioning COVID–19, saying the eviction moratorium passed in the CARES Act expires in 2 days and citing a report that nearly 12 million adults live in households that missed their last rent payments. The speaker says enhanced unemployment benefits expire next week while 20 to 30 million Americans will still be without work. Another speaker on the page, in remarks on a legislative package, describes a State law that applies when more than 5 percent of the components of a particular product are manufactured outside the United States.

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“Congressional Record, Senate, July 22, 2020 — S. 4049 Resumed and Coronavirus Relief.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-22-crec-2020-07-22-pt1-pgs4365-3-788ddcbd31/, SHA-256 20dc990b37f71a0f026a03ac089c1de3b9958f148840fd8036ca4934f1b9e480.

Full text

                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4365
                                               boundaries of what can be said without                   New York Times and cancel culture,                       Seriously, there are only 3 weeks left
                                               the threat of reprisal.’’                                but there is not a word about COVID.                   until the August work period, and the
                                                 Well, you can guess what happened                      People are ready to lose their unem-                   Republicans are still in the opening
                                               next. The grievance industrial complex                   ployment benefits, to lose their apart-                phases of preparing their bill. We don’t
                                               came after the letter itself. The au-                    ments and be evicted. Local govern-                    have time for this mess that the Re-
                                               thors were accused of advancing big-                     ments are laying off people because                    publicans are in. The moratorium on
                                               otry and the cycle of nonsense started                   they don’t have the dollars. We are in                 evictions that we passed in the CARES
                                               all over again.                                          a national crisis.                                     Act expires in 2 days. The Wall Street
                                                 The United States of America needs                       We don’t hear a word out of Leader                   Journal reports that nearly 12 million
                                               free speech. We need free expression.                    MCCONNELL as we are on the edge of so                  adults live in households that missed
                                               And all of us, from all perspectives,                    many cliffs. Instead, there is lots of                 their last rent payments and that 23
                                               need the courage to speak up and de-                     talk about the New York Times and                      million have little or no confidence in
                                               fend it.                                                 cancel culture. That may be fodder for                 their ability to make the next ones.
                                                                                                        the far right. That is not what America                  Next week, the enhanced unemploy-
                                                                f
                                                                                                        needs.                                                 ment benefits we passed in the CARES
                                                 RESERVATION OF LEADER TIME                               When Leader MCCONNELL, at this cru-                  Act will expire while 20 to 30 million
                                                 The PRESIDING OFFICER. Under                           cial moment, can’t even mention                        Americans will still be without work.
                                               the previous order, the leadership time                  COVID–19, it shows what a knot the                     A recent study showed that those en-
                                               is reserved.                                             Republicans are tied in. The bottom                    hanced benefits prevented nearly 12
                                                                                                        line is this: The White House Chief of                 million Americans from slipping into
                                                                f
                                                                                                        Staff said Republicans ‘‘were on their                 poverty—12 million. Yet, because the
                                                    CONCLUSION OF MORNING                               own 20 yard line’’ when it comes to                    Republicans can’t get their act to-
                                                              BUSINESS                                  their legislative proposal—their own                   gether, those benefits might expire
                                                 The PRESIDING OFFICER. Morning                         20-yard line, 2 months and a week after                next week.
                                               business is closed.                                      we passed the COVID 3 bill, after mil-                   Congress needs to act quickly. The
                                                                                                        lions more Americans applied for un-                   Senate Republicans and the White
                                                                f
                                                                                                        employment, after many small busi-                     House need to get on the same page,
                                                        LEGISLATIVE SESSION                             nesses went under, and many more died                  produce a proposal—not just drop it on
                                                                                                        and were hospitalized as COVID–19                      the floor but start negotiations. Better
                                                                                                        rages in many Southern States. We are                  yet, we could start negotiations on the
                                               NATIONAL DEFENSE AUTHORIZA-                              still on the 20-yard line? Where have                  Heroes Act, which already passed the
                                                 TION ACT FOR FISCAL YEAR                               the Republicans been?                                  House, and, unlike the developing Re-
                                                 2021—Resumed                                             I have never seen a political party in               publican proposal, it would actually
                                                 The PRESIDING OFFICER. Under                           the middle of a crisis so tied in a knot               match the scale of this crisis.
                                               the previous order, the Senate will re-                  that the majority leader can’t even                      Speaker PELOSI and I met yesterday
                                               sume consideration of S. 4049, which                     mention it in his speech and spends                    with Chief of Staff Meadows and Sec-
                                               the clerk will report.                                   time ranting against favorite targets of               retary Mnuchin. Even with all of this
                                                 The senior assistant legislative clerk                 the far right and can’t come up with a                 chaos, we have had some indications
                                               read as follows:                                         proposal.                                              about what the Republicans are trying
                                                 A bill (S. 4049) to authorize appropriations             This is not a game. This isn’t typical               to do in their bill. Over the weekend,
                                               for fiscal year 2021 for military activities of          Republican dysfunction about whether                   we heard that the administration was
                                               the Department of Defense, for military con-             or not they did or didn’t see the Presi-               trying to block additional funding for
                                               struction, and for defense activities of the             dent’s last tweet. The disarray on the                 coronavirus testing and contact trac-
                                               Department of Energy, to prescribe military              Republican side has real consequences.                 ing. President Trump has also ended
                                               personnel strengths for such fiscal year, and            Americans will suffer unnecessary pain                 the CDC’s data collection efforts, po-
                                               for other purposes.                                      and uncertainty because of it.                         tentially risking access to data that
                                                 Pending:                                                 The only reason there hasn’t been an-                public health experts so vitally need.
                                                 Inhofe amendment No. 2301, in the nature               other relief package in Congress al-                   So, when we met with Chief of Staff
                                               of a substitute.                                         ready is due to this Republican incom-                 Meadows and Secretary Mnuchin,
                                                 McConnell (for Portman) amendment No.                  petence and reckless delay. Even after                 Speaker PELOSI and I told them to
                                               2080 (to amendment No. 2301), to require an              all of these months, the White House                   back off these counterproductive and
                                               element in annual reports on cyber science               and Senate Republicans are starkly di-                 dangerous ideas.
                                               and technology activities on work with aca-
                                               demic consortia on high priority cybersecu-
                                                                                                        vided about what to do. The White                        In addition, we will be sending a let-
                                               rity research activities in Department of De-            House is insisting on policies, like a                 ter to the administration to demand
                                               fense capabilities.                                      payroll tax cut, that would do nothing                 answers on how data is being reported
                                                   RECOGNITION OF THE MINORITY LEADER
                                                                                                        to help millions of unemployed Ameri-                  to the White House, as well as pushing
                                                                                                        cans and that many Senate Repub-                       for legislation in the upcoming bill to
                                                The PRESIDING OFFICER.                           The
                                                                                                        licans don’t even support. The Repub-                  ensure that COVID–19 data is fully
                                               Democratic leader is recognized.
                                                                                                        licans can’t even seem to agree on                     transparent and accessible without
                                                                  CORONAVIRUS
                                                                                                        whether to provide any new aid for                     there being any interference from the
                                                 Mr. SCHUMER. Madam President,                          State and local governments or if the                  administration.
                                               Democrat Senators returned to Wash-                      States should be able to more flexibly                   We know Donald Trump likes to hide
                                               ington on Monday prepared to work in                     use the support we have already given.                 the truth. He thinks, when the truth
                                               a bipartisan way on the next phase of                      A few of my friends on the other side                doesn’t come forward and when he
                                               coronavirus relief.                                      of the aisle hardly want to spend any                  muzzles government officials, that it
                                                 After stalling for months while                        more money to help our country in this                 changes things. It doesn’t. The virus
                                               COVID–19 surged in more than 40                          once-in-a-generation crisis because it                 still rages and will rage unless we do
                                               States, Senate Republicans finally said                  might add to the national debt. Giant                  something about it, not simply hide
                                               that now—the end of July, more than 3                    corporate tax cuts—$1.5 trillion to $2                 the statistics that show his depth in
                                               months after the CARES Act passed—                       trillion of them—are OK, but fighting                  mendacity. We will make sure that
                                               would be the time for another emer-                      the greatest public health crisis in a                 those statistics are made public so all
                                               gency bill. But here we are. It is in the




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                                                                                                        century and forestalling a depression is               of America, including the President,
                                               middle of the week, and the Republican                   a bridge too far? Where are the prior-                 will know how bad the situation is, be-
                                               Party is so disorganized, chaotic, and                   ities on the other side of the aisle? I                cause that is what we need—the truth
                                               unprepared that they can barely cobble                   guess they are for helping big cor-                    to set us free and then to act on it. Let
                                               together a partisan bill in their own                    porate fat cats—wealthy people—but                     me repeat: If the administration re-
                                               conference.                                              not average people who are hurting.                    fuses to reverse course, the Democrats
                                                 Indicative was Leader MCCONNELL’s                      That is the trouble with the Repub-                    will insist on data transparency in the
                                               speech. He rants and raves about the                     lican Party.                                           next COVID relief bill.



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                                               S4366                                             CONGRESSIONAL RECORD — SENATE                                                         July 22, 2020
                                                 All of our efforts to bolster the econ-                than in any 3-month period in the his-                 of Representatives passed the Heroes
                                               omy, help the unemployed, save small                     tory of the United States. That is a                   Act. Senator MCCONNELL has come to
                                               businesses, and ensure our children are                  stunning statistic. We are searching                   the floor regularly to ridicule that ef-
                                               safe at school will be meaningless if we                 the records to make sure that it is an                 fort because he doesn’t like the provi-
                                               don’t stop the spread of the virus. Hid-                 accurate statement, and I am afraid it                 sions in the act. It is his right to have
                                               ing COVID data from the CDC, as well                     is.                                                    a difference of opinion, but the obvious
                                               as foot-dragging on more testing and                       So far, we believe 140,000 Americans                 questions to Senator MCCONNELL are
                                               tracing, is absolutely incomprehensible                  have died of this COVID–19 crisis that                 these: Where is your alternative? What
                                               and imperils everything else we are                      we are facing. This is not a moment of                 have you been doing for the last 2
                                               working on. So we need to make a law,                    American greatness. They have just                     months? You should have been writing
                                               and we need to make it soon. Right                       done a review of the nations across the                a bill that we should be voting on as
                                               now, the infighting and partisanship on                  world and the safety of living in those                soon as we finish the one that is pend-
                                               the Republican side and cockamamie                       nations that face this pandemic. Where                 ing on the floor.
                                               ideas, like hiding data from the CDC,                    does the United States rank among the                    Apparently, the White House and the
                                               are only adding to the delay.                            nations of the world in terms of safety                Senate Republicans can’t come to any
                                                 We also saw the return of President                    in dealing with the coronavirus? It                    agreement about how to move forward.
                                               Trump’s coronavirus press briefings                      ranks 58th—two ranks ahead of Russia.                  There are some who are basically say-
                                               yesterday. It is remarkable that Presi-                    How could we have reached this mo-                   ing: Enough. We are not going to spend
                                               dent Trump has lowered the bar so                        ment in time when this pandemic has                    another penny. We are not going to
                                               much that his performance yesterday                      been so devastating in the United                      waste any more money on any type of
                                               was seen as a change in tone. It is a                    States, more so than in many other                     COVID–19.
                                               very sad state of affairs in our country                 countries around the world—countries                     I have seen their testimony. I have
                                               when one day of the President’s read-                    that are supposedly not even close to                  seen their statements before the micro-
                                               ing statistics is hailed as leadership                   us in terms of economic development                    phones. That is hard to imagine.
                                               when that is what he should have been                    and strength? They have handled this                     I wonder if some of the Senators from
                                               doing all along. The mere acknowledg-                    far better than the United States. Yet                 States like Kentucky and Texas who
                                               ment by the President that COVID–19                      what are we doing about it now? It is a                have stepped up and said, ‘‘We have
                                               is raging through our country is some                    valid question.                                        spent enough money on this,’’ have
                                               kind of breakthrough. Is that what                         I know that the President has de-                    been home recently. Have they been
                                               people believe? Is that what Trump                       cided he doesn’t want the likes of Dr.                 there to meet people who are unem-
                                               wants the people to believe? It is crazy.                Tony Fauci by his side any longer                      ployed, out of work, or who have been
                                                 The truth is, every time the Presi-                    when it comes to talking about this                    laid off who are receiving the Federal
                                               dent takes the podium, he is a risk to                   pandemic, but Dr. Fauci and Dr. Col-                   unemployment benefits to keep bread
                                               public health. We are 6 months into the                  lins, of the National Institutes of                    on the table and to pay for the their
                                               coronavirus, and the President has                       Health, were interviewed over the                      mortgages and their health insurance?
                                               only just come around to the idea that                   weekend and were asked directly about                    This $600 a week may sound like a
                                               wearing masks would be a good idea.                      the issue of testing.                                  pretty generous amount of money to
                                               He deserves criticism for that belated                     Why does it take so long in the                      some. Try living on it. Try living on
                                               admission, not praise. We are 6 months                   United States to get results, and what                 $600 a week when it costs you $400 a
                                               into the crisis, and the President said                  kind of problems does that create?                     week for health insurance. Yes, that is
                                               yesterday that his administration is in                    Well, we know. If people suspect they                the average on COBRA premiums—al-
                                               the process of developing a strategy                     are positive for this virus and go in for              most $1,700 a month. So, when you talk
                                               that is going to be very, very power-                    a test, they are worried that they may                 about $600 a week, take out $1,600 or
                                               ful—6 months in. Countries in Europe                     be endangering their own lives, not to                 $1,700 off the top of that, and tell me
                                               and East Asia developed national test-                   mention the lives of others. Then, they                what is left to take care of your fam-
                                               ing regimens ages ago. That is why                       have to wait 1 day, 2 days, 3 days, 6                  ily.
                                               they are way ahead of us in fighting                     days—more—for the test results. That                     As for the last Federal unemploy-
                                               this crisis.                                             is unacceptable. We need to invest                     ment payment under the CARES Act,
                                                 Americans must be hanging their                        more money in testing and more                         Senator SCHUMER is right. It ends on
                                               heads in shame and disbelief that this                   money in finding tests to provide                      July 31—a week from Saturday. We
                                               administration is still trying to sort                   quicker results.                                       have been told that the last checks will
                                               out the basics. Then, when he says he                      You would think that it would be ob-                 be mailed this Saturday, which is just
                                               is going to try and sort out the basics                  vious to everyone, but it is not obvious               a few days from now.
                                               months and months too late, as the cri-                  in this negotiation that is taking place                 Three days from now, the last check
                                               sis has raged, people think he should                    now in the U.S. Senate. There are Re-                  goes out. While that check is making
                                               get praise? No, he should be criticized                  publican Senators who are resisting                    its way through the mail, is it even
                                               because he hasn’t done what he was                       the idea of putting more money into                    possible that the Republican leader-
                                               supposed to have been doing for                          testing in the United States. What                     ship, with the White House, will come
                                               months.                                                  country do they live in? Do they ever                  up with a proposal to deal with this? It
                                                 President Trump started his press                      go home from Washington to see what                    has been 2 months. Senator MCCONNELL
                                               conference by labeling COVID–19 the                      is happening in the rest of this coun-                 said, during those 2 months, that he
                                               ‘‘China virus,’’ which shows the Presi-                  try? We closed down the testing facili-                didn’t feel any sense of urgency—no
                                               dent is still trying to deflect blame and                ties in my hometown of Springfield, IL,                sense of urgency. Can you imagine the
                                               play political games with this deadly,                   this last week. It was disappointing,                  sense of urgency if you can’t make
                                               serious virus—games that are divisive.                   for we needed it, and we need more.                    your mortgage payment? Can you
                                               The truth is, more than anything or                        If we are serious about opening this                 imagine the sense of urgency if that
                                               anybody else, the responsibility for                     economy, if we are serious about stop-                 utility bill is so large you can’t pay it?
                                               America’s failure to deal competently                    ping the spread of this pandemic, and if               That is the reality facing a lot of fami-
                                               with COVID–19 falls squarely on Presi-                   we are serious about opening our                       lies who have been laid off and are un-
                                               dent Trump’s shoulders. It is long past                  schools and making certain that teach-                 employed. I believe—and many agree—
                                                                                                        ers and pupils are safe, we need more                  that one of our highest priorities is to




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                                               time for the President to start acting
                                               like it.                                                 testing. Yet here we are, tied in knots,               make sure that the resources are there
                                                 I yield the floor.                                     as Senator SCHUMER said earlier.                       for the families.
                                                 The PRESIDING OFFICER. The                               The Republicans can’t agree among                      I also want to say that we are in the
                                               Democratic whip.                                         themselves about the issue of putting                  midst of this conversation about public
                                                 Mr. DURBIN. Madam President, I                         money into testing in the midst of this                health while the President and his
                                               read this morning that more Ameri-                       pandemic. It is hard to believe. It was                party are trying to kill the Affordable
                                               cans have died in the last 3 months                      more than 2 months ago that the House                  Care Act in the Supreme Court. More



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4367
                                               than 140,000 Americans have died from                    form, who make so many great sac-                      cuts. When you start exempting things
                                               this pandemic, and President Trump                       rifices for our country. But I have also               like military pay and healthcare, it
                                               and the Republican Party are trying to                   discovered at the same time how poor-                  means the remaining items take a
                                               kill the major source of health insur-                   ly we manage the Department of De-                     deeper hit.
                                               ance for millions of Americans. For 10                   fense. Our procurement system seems                      The 14-percent cut that has been pro-
                                               years, the Affordable Care Act has been                  designed to generate redtape, delays,                  posed for the remaining items at the
                                               the law of the land, and before it was                   and cost overruns. Our top adversaries                 Department of Defense would be a hard
                                               the law of the land, there were some                     around the world develop game-chang-                   hit, no question about it. As I have said
                                               things going on when it came to health                   ing technologies at a fraction of the                  many times, sequestration didn’t work,
                                               insurance which we should not forget.                    cost that it takes us to develop them.                 and we ought to learn a lesson from it.
                                                 Routinely, health insurance compa-                       There is going to be an amendment                      The National Guard should not have
                                               nies discriminated against women be-                     on the floor today about future spend-                 a 14-percent cut. Special victims coun-
                                               fore we passed the Affordable Care Act                   ing in the Department of Defense of-                   sels and sexual assault prevention pro-
                                               and prohibited their practices. There                    fered by Senator SANDERS. I heard                      grams should not be cut by 14 percent.
                                               was a time when insurance companies                      what Senator MCCONNELL had to say                      Cleaning up PFAS contamination at
                                               were allowed to charge women more                        about it earlier. He seems to believe                  military bases should not be cut by 14
                                               than men for the same health insur-                      that any suggestion that there is                      percent. Instead, we ought to look at
                                               ance policies. It was common for                         misspending in the Department of De-                   the Department of Defense budget
                                               women to pay three or four times what                    fense is not patriotic. Somehow you                    more carefully, not with an across-the-
                                               men pay for on the identical plans.                      are a chicken if you raise any ques-                   board cut.
                                                 Important women’s healthcare was                       tions about waste in the Department of                   Let’s start with the $16 billion OCO
                                               often excluded from most insurance                       Defense. I couldn’t disagree more.                     gimmick. OCO is the account created
                                               plans. For instance, most individual                       The Sanders amendment proposes a                     to fight a war. We started this account
                                               policies refused to cover maternity or                   10-percent budget cut in the Depart-                   years and years ago, when we actually
                                               newborn care.                                            ment of Defense. Well, I have taken a                  were engaged in a war. We have kept it
                                                 Insurance companies were allowed to                    look, as others have, at the failed au-                alive to this day because it is a way to
                                               deny coverage and charge higher pre-                     dits, the cost overruns, and the scle-                 escape budget rules.
                                               miums to Americans with preexisting                      rotic bureaucracy at the Department of                   The OCO gimmick funds were re-
                                               conditions. That particular discrimina-                  Defense. I believe the American tax-                   quested for routine Army, Navy, and
                                               tion hurt women much more than men.                      payer deserves more.                                   Air Force operations that have nothing
                                               Approximately 24 million American                          One of my early hearings in the De-                  to do with fighting a war in Afghani-
                                               men have preexisting conditions; 30                      fense Appropriations Subcommittee fo-                  stan or any other place. The adminis-
                                               million American women.                                  cused on the defense industrial base                   tration requested these funds for the
                                                 Insurance companies could consider a                   and the threat of sequestration. The                   sole purposes of evading the caps on
                                               host of medical conditions to be pre-                    lives of our servicemembers often de-                  the base defense budget. Beyond that—
                                               existing conditions: breast cancer, C-                   pend on the equipment and training                     listen to this—the President of the
                                               sections, victims of domestic violence,                  provided. When managed well, the de-                   United States, who is arguing for this
                                               asthma, acne, heart disease—all pre-                     fense industrial base generates the best               budget, was the first to raid it and take
                                               existing conditions. Before the Afford-                  equipment,      next-generation     tech-              $8 billion or more out for his medieval
                                               able Care Act, that is what the health                   nology, good jobs, and powerful weap-                  wall on the southern border of the
                                               insurance companies pointed to when                      ons. However, I am concerned that                      United States.
                                               they charged women and others more                       holding defense contractors account-                     The $18 billion in weapons systems
                                               because of it.                                           able for poor performance has not been                 overruns that I mentioned earlier—
                                                 The Affordable Care Act put an end                     the priority it should be today.                       what could we do with $18 billion in
                                               to that, and now the Republicans want                      Listen to this: From 2016 to 2019,                   cost overruns? Well, you could increase
                                               to put an end to the Affordable Care                     military spending rose by 18 percent.                  the budget for the National Institutes
                                               Act. Well, you must say, they must                       During the same period of time, the                    of Health medical research by almost
                                               have a much better idea. There must be                   Department of Defense accumulated                      50 percent. That is one thing. You
                                               a Republican proposal out there far                      $18 billion in cost overruns for weapons               could provide student loan forgiveness
                                               better than the Affordable Care Act.                     programs. What about the contractors                   for healthcare workers or hazard pay
                                               There isn’t. We haven’t seen any. They                   who generated those cost overruns?                     for these same men and women who
                                               have no alternative. They just want to                   The top five defense contractors in                    risk their lives for us every day.
                                               kill anything that might have the                        America saw their profits increase by                    I have to tell you, there is need for us
                                               name ‘‘Obama’’ on it.                                    44 percent in that same period. This                   to look to space in terms of our future
                                                 We have to do something about this                     doesn’t add up.                                        defense. I still haven’t been sold on this
                                               to protect health insurance for the fu-                    Businesses have the right to earn a                  concept of the so-called Space Force.
                                               ture, and the notion that the Repub-                     profit, but taxpayers have the right to                Putting millions of dollars into addi-
                                               licans and President Trump are fight-                    demand accountability. With defense                    tional bureaucratic costs is hard for me
                                               ing the Supreme Court to eliminate the                   spending on such a steep rise, we                      to understand or explain.
                                               Affordable Care Act in this moment in                    should be driven by the motto ‘‘pay for                  Ultimately, the Sanders amendment
                                               American history, when we are fight-                     performance.’’ I don’t believe that is                 is going to be considered in this au-
                                               ing this pandemic, is impossible to ex-                  the culture at the Department of De-                   thorization bill, but if it is going any-
                                               plain.                                                   fense today.                                           where in concept, it will be in the Ap-
                                                               AMENDMENT NO. 1788                         Senator SANDERS wants to direct $74                  propriations Committee, where I serve.
                                                 Madam President, I have been hon-                      billion to communities across the                      Our work as appropriators is to exam-
                                               ored to work on the Defense Appropria-                   country—including many needy com-                      ine the details of the budget and make
                                               tions Subcommittee since December of                     munities in my State of Illinois—for                   the best decisions for the taxpayers
                                               2012, when Senator Dan Inouye, the                       housing, healthcare, childcare, edu-                   and for our national defense.
                                               legendary Senator from Hawaii and re-                    cation, and jobs. Senator MCCONNELL                      I believe Senator SANDERS is on the
                                               cipient of a Congressional Medal of                      comes to the floor and calls that so-                  right track to demand accountability
                                               Honor, passed away. Since I have taken                   cialism. Socialism when it comes to                    and to ask that we find cost overruns




SSpencer on DSK126QN23PROD with SENATE
                                               that job, I have been impressed many                     education and childcare? I don’t agree                 and expenditures that can be changed
                                               times over by the extraordinary De-                      with him.                                              without jeopardizing our national de-
                                               partment of Defense and the actions                        There is considerable merit to what                  fense. His exact approach is not one
                                               they have taken—the development of                       Senator SANDERS has to say about the                   that I would endorse, but I have to say
                                               technology like GPS, investing in crit-                  run-up in cost at the Department of                    that I stand behind his concept that we
                                               ical medical research, and the abiding                   Defense, but I do not agree with his                   need to ask harder questions about this
                                               commitment to women and men in uni-                      basic approach of across-the-board                     massive spending.



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                                               S4368                                             CONGRESSIONAL RECORD — SENATE                                                         July 22, 2020
                                                 I yield the floor.                                     workers and construction workers and                   that the Veterans Administration al-
                                                 The PRESIDING OFFICER. The Sen-                        equipment manufacturing workers—                       ready presumes are the result of expo-
                                               ator from Rhode Island.                                  who, in this indiscriminate, across-the-               sure to Agent Orange by veterans dur-
                                                 Mr. REED. Madam President, I rise                      board cut, would lose their jobs at a                  ing their military service in Vietnam.
                                               to comment, along with my colleague                      time when we can’t lose any jobs. This                   We know that exposure to the toxic
                                               Senator DURBIN, about the Sanders                        approach would be disruptive. I would                  chemical Agent Orange has had severe
                                               amendment. I must commend how                            not want to make a point to the dis-                   health consequences for veterans who
                                               thoughtful and knowledgeable Senator                     advantage of the thousands and thou-                   answered the Nation’s call to military
                                               DURBIN is about all these subjects. He                   sands of men and women who are work-                   service during the Vietnam conflict.
                                               has pointed out how there are too                        ing hard to take care of their families                Recognizing this, the Veterans Admin-
                                               many military programs that are not                      all across this country.                               istration already presumes that certain
                                               well moderated and that have cost                          Again, we do have to make serious                    diseases affecting these veterans are
                                               overruns that result in excess cost to                   investments in communities across                      service connected as a result of the ex-
                                               the American public. We have to do                       this country that have been neglected,                 posure to Agent Orange. These diseases
                                               something about those things, and we                     and I have been consistent in support                  include non-Hodgkin’s lymphoma, soft
                                               also understand that we have huge de-                    of those efforts. We do have to make                   tissue sarcoma, respiratory cancers,
                                               mand with respect to nondefense                          investments in our infrastructure for                  myeloma and type 2 diabetes.
                                               spending that we have to meet also.                      our economic liability and our eco-                      We also know that there are other
                                                 The Sanders amendment, as Senator                      nomic efficiency. We do have to pro-                   diseases that are not yet covered and
                                               DURBIN pointed out, would impose an                      vide support in many, many different                   that there are veterans who suffer from
                                               across-the-board cut to the Depart-                      ways that transcends and goes beyond                   these diseases, and this conclusion is
                                               ment of Defense, except for military                     just the Department of Defense. In                     supported by a scientific review by the
                                               personnel accounts and the defense                       fact, one could say that just as vital a               National Academy of Medicine. Par-
                                               health programs. What he would call a                    part of our national defense as our                    kinson’s,     bladder     cancer,     and
                                               10-percent across-the-board cut, when                    military budget is our education budg-                 hypothyroidism should share the same
                                               you take out health and personnel, be-                   et and our healthcare budget because                   presumption of service connection as
                                               comes really a 14-percent cut to all the                 our strength is not just military forces;              the diseases already presumed to be
                                               accounts at the Department of Defense.                   our strength is knowledgeable citizens,                service connected.
                                                 The danger, as so well illustrated by                  our strength is healthy citizens, and                    Our Vietnam veterans should not
                                               Senator DURBIN, is that this type of in-                 our strength is an efficient economic                  have the burden of proving by inde-
                                               discriminate getting rid of the good                     system.                                                pendent evidence that their diseases
                                               and paying for the bad that doesn’t                        But I think this approach, as I sug-                 were caused by exposure to Agent Or-
                                               really work. It doesn’t make sense. It                   gested today and I think the sugges-                   ange. The failure to add these condi-
                                               reminds us all of the battles we had                     tion from Senator DURBIN also was                      tions to the Veterans Administration’s
                                               over sequestration, where Depart-                        that this just across-the-board ap-                    presumptive list continues to deny sick
                                               ments—not only the Department of De-                     proach is good for a headline, it is good              and aging veterans the healthcare and
                                               fense but the civilian Departments—                      to make a point, but we are here to                    compensation that they have earned
                                               had to fund programs because they met                    make policy, and I hope we do make                     through service to our Nation and that
                                               the cap and then cut other programs                      policy. I hope we can continue in this                 they desperately need.
                                               that were much more valuable because                     National Defense Authorization Act to                    Senator TESTER’s amendment begins
                                               they exceeded the cap. That is not a                     try to argue about issues that people                  to remedy this inequity, and I urge all
                                               way, as they proverbially say, to run a                  feel are not appropriate spending or if,               Senators to vote for the Tester amend-
                                               railroad, nor the Department of De-                      in fact, we need more spending and                     ment.
                                               fense.                                                   that in the appropriations process we                    With that, I yield the floor.
                                                 So we do have to look for specific                     will do that once again.                                 The PRESIDING OFFICER (Mr.
                                               areas to cut, and, as Senator DURBIN                       Just as a reminder, this bill adheres                SASSE). The Senator from Alaska.
                                               said, a great deal of that is done and                   to the Bipartisan Budget Act of 2019. It                 Mr. SULLIVAN. Mr. President, in
                                               will be done in the Appropriations                       is the final year of the Budget Act. So                about an hour we are going to take a
                                               Committee where he is the ranking                        the numbers we are talking about                       vote that our servicemembers around
                                               member. I am a colleague on the com-                     today for the Department of Defense                    the world will likely be watching. It is
                                               mittee, and each year we have the                        are not willy-nilly; they were not nego-               a critical vote on the amendment of
                                               challenge of taking the authorization                    tiated without the context of non-                     my colleague from Vermont to blindly
                                               that says ‘‘you may do this’’ and actu-                  defense spending. It was a bipartisan                  cut defense spending, taking a hatchet
                                               ally putting in the money to do it, and                  agreement to set the levels of spending                to the already agreed-upon Bipartisan
                                               that effort is usually valuable, as is the               for both defense and nondefense, and                   Budget Act.
                                               authorization effort, and critically im-                 that is what we are doing here today.                    We have heard from my colleague
                                               portant.                                                   We need a serious discussion about                   JACK REED from Rhode Island, who is
                                                 We have to make sure that a result of                  national spending priorities, not just                 part of the strong leadership on the
                                               our deliberations is, first, the resources               defense spending priorities but prior-                 Armed Services Committee and just
                                               that are necessary to protect the men                    ities that look back to poor commu-                    spoke out against it, and I am going to
                                               and women in the Armed Forces who                        nities, industrial policy, infrastruc-                 speak out against it.
                                               protect us and also provide for the                      ture, education, daycare, the impact of                  I am going to spend some time ex-
                                               quality of life of their families and ul-                artificial intelligence on the work-                   plaining what this means. This is not
                                               timately, of course, that we are able to                 place. We have a lot to do, and I think                just one amendment. This has national
                                               deter any threat, and if not, defeat                     we should get on to doing it but not                   implications, and if you are watching
                                               that threat decisively.                                  with the shorthand message of ‘‘let’s                  in America, I want you to think about
                                                 This is a very important endeavor,                     cut everything here, and put it over                   what is really going on here.
                                               and, again, suggesting that we just cut                  there.’’ Let’s look at the serious issues,               First of all, my colleague from
                                               across the board and then put it some-                   and let’s confront them, and let’s pro-                Vermont says that it is a 10-percent
                                               place else is not, I think, commensu-                    pose serious solutions.                                cut, but it is going exempt military
                                               rate with the kind of approach that we                     So because of these indiscriminate                   personnel and healthcare accounts—




SSpencer on DSK126QN23PROD with SENATE
                                               must take and we have to take going                      cuts, I will be forced to oppose this                  which is true as part of the amend-
                                               forward.                                                 amendment by Senator SANDERS.                          ment—but it is actually going to com-
                                                 The other factor, too, is that there                     There is another amendment that                      pensate for the other cuts, so it is actu-
                                               are real ramifications for this that are                 will come before us today proposed by                  ally a 14-percent across-the-board cut
                                               not sometimes obvious. There are lit-                    Senator TESTER, and that is one I do                   to the Department of Defense. That is
                                               erally thousands and thousands—not                       support. Senator TESTER’s amendment                    the amendment we are going to vote
                                               just military personnel but civilian                     will add additional diseases to those                  on.



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4369
                                                 To paraphrase one of our great Presi-                    Here is what happened. The greatest                  are from the other side of the aisle, but
                                               dents, Ronald Reagan: There they go                      military power in the world in 1945 was                there are principle disagreements on
                                               again. There they go again.                              the U.S. military. We had just won                     key issues between some on this side of
                                                 I chair the Subcommittee on Readi-                     World War II. By 1950, due to dramatic                 the aisle and the other side. One of
                                               ness of the Armed Services Committee.                    defense cuts, lack of training, lack of                them is about the degree to which we
                                               One of the reasons I ran for the Senate                  readiness, our military had a very dif-                support our military and national de-
                                               in 2014 was exactly this issue of mili-                  ficult time halting the invasion of a                  fense.
                                               tary readiness. As a colonel in the U.S.                 third-world army, the North Korean                       I know all of my colleagues are patri-
                                               Marine Corps Reserve, I had a little bit                 army.                                                  otic. I don’t like doing the patriotism
                                               of an up close and personal view on it.                    For the history buffs who understand                 argument. Every Member of this body,
                                                 The readiness of our Armed Forces in                   Korean war history—the military cer-                   all 100—we love our country. But there
                                               the second term of the Obama adminis-                    tainly does—they know what Task                        are some impressions when you look at
                                               tration was plummeting. In the second                    Force Smith was. It was the first                      what goes on here, when you look at
                                               term of the Obama administration, de-                    American unit that went in to stop the                 the sweep of history with regard to
                                               fense spending was cut by 25 percent,                    North Korean army. Task Force Smith                    readiness and funding our military.
                                               and, with that, the readiness of the                     was obliterated. Hundreds were killed                    Again, to my Democratic colleagues
                                               men and women in the military plum-                      in the summer of 1950. As a matter of                  on the Armed Services Committee, De-
                                               meted. By the way, at the same time                      fact, thousands of young Americans                     fense Appropriations, who, like me, at-
                                               defense spending was cut by 25 percent,                  died horrible deaths during the summer                 tend the hearings regularly, dig into
                                               Russia was increasing defense spending                   of 1950 because the leadership in Con-                 the issues, know the threats our coun-
                                               by 34 percent, and China was increasing                  gress, the leadership in the executive                 try faces, I think we work together to
                                               by 83 percent.                                           branch, and the leadership in the Pen-                 rebuild readiness. But at the national
                                                 So let me just give an example. These                  tagon let the readiness of our Armed                   level, here are the facts. Think about
                                               numbers actually were classified, and                    Forces plummet. Let me repeat that: 70                 it. Carter, Clinton, Obama, Biden—
                                               they have been declassified. In 2015,                    years ago right now—if you look back                   what do those administrations all have
                                               when I arrived in the Senate, these                      70 years ago in the summer of 1950 on                  in common? They get into power, and
                                               were some of the numbers relating to                     the Korean Peninsula—thousands of                      they cut our military, and morale
                                               readiness. Remember, we are supposed                     young Americans were being killed be-                  plummets, and readiness plummets.
                                               to be in charge of readiness here. Three                 cause they weren’t trained and they                      Let me go a little bit closer to home.
                                               of the 58 brigade combat teams in the                    weren’t ready.                                         Since I have been elected, the No. 1 bill
                                               U.S. Army—the brigade combat team                          This was probably one of the biggest                 my colleagues on the other side of the
                                               is the 5,000 men and women deployed                      derelictions of duty in U.S. history. Be-              aisle have filibustered—the No. 1 bill
                                               block in our military, and 3 of the 58                   cause it is a forgotten war, not many
                                                                                                                                                               when they want to take something hos-
                                               were at the tier 1 level of readiness                    people know about it. But it was a dra-
                                                                                                                                                               tage—is the Defense appropriations
                                               that you want for a deployed unit. You                   matic failure of leadership in the Con-
                                                                                                                                                               bill. Ten times, since I have been in
                                               can understand why that was classified                   gress, the executive branch, and the
                                                                                                                                                               this body, the funding for our men and
                                               in 2015 because we certainly didn’t                      military. The military even has a say-
                                                                                                                                                               women has been pulled in as a hos-
                                               want our adversaries to know that. So                    ing for this: ‘‘No more Task Force
                                                                                                                                                               tage—ten times. No other bill in the
                                               5 percent of the U.S. Army was fully                     Smith.’’ We will never ever—ever—let
                                                                                                                                                               last 51⁄2 years, since I have been here,
                                               ready to fight. Less than half of Marine                 our young men and women go fight a
                                                                                                                                                               has been filibustered more than the De-
                                               Corps Navy aviation could fly—another                    war where they are unprepared, and be-
                                                                                                                                                               fense appropriations bill.
                                               classified number, now unclassified.                     cause of that, they die.
                                                                                                          I agree we need to do all we can to                    Our friends in the media never report
                                               Training and flight time for all mili-
                                                                                                        address many of the social issues that                 on this, but that is one of the issues
                                               tary pilots plummeted.
                                                 When I arrived in 2015, the Obama ad-                  my colleague from Vermont highlights,                  that really burns me up here because it
                                               ministration proposed a cut of another                   particularly during this pandemic. But                 happens all the time. Trust me, our
                                               40,000 Active-Duty troops for the U.S.                   we must never, as a Congress, gut our                  troops know it. They watch it, and
                                               Army. One of the units they were look-                   military readiness to such a degree                    they know it.
                                               ing to cut was the 4th Brigade of the                    that our young men and women come                        Now we have a Sanders amendment
                                               25th Infantry Division—the 4–25 at                       home in body bags as opposed to vic-                   for across-the-board DOD cuts of 14
                                               JBER in Alaska, the only airborne                        tors. That is what happened in the                     percent just as we are digging out of
                                               combat team in the Asia Pacific. I put                   summer of 1950.                                        the readiness hole that we all know
                                               every ounce of my energy into fighting                     We were on a path toward this dan-                   that we are in. If you don’t acknowl-
                                               that misguided decision. The 4–25 was                    gerous lack of readiness during the sec-               edge it, you are not paying attention.
                                               not cut, thankfully. All the rest of the                 ond term of the Obama administration.                    The Senate minority leader has re-
                                               40,000 were cut. We are still digging out                I cited the numbers. I chair the Sub-                  cently come out in favor of the Sanders
                                               of that hole.                                            committee on Readiness. I have been                    amendment. I wonder where Joe Biden
                                                 So I want to throw something out                       all focused on this issue of rebuilding                is on the Sanders amendment.
                                               there because people don’t think about                   our readiness.                                           Of course, as my colleague from Illi-
                                               it. Imagine if there had been a major                      Here is the good news. With the Re-                  nois just mentioned, the Pentagon
                                               contingency or, yes, a war in 2015 with                  publicans in control in the Senate and                 must do a better job of managing waste
                                               these readiness numbers. Sometimes                       the White House, we have begun to dra-                 and cost overruns. I fully agree with
                                               wars hit us when we are least expecting                  matically rebuild our military and our                 that. In fact, the Trump administra-
                                               them. I am going to talk about that.                     readiness. This has been a priority of                 tion was the first administration to fi-
                                                 I will tell you this: It would have                    ours. This has certainly been a priority               nally undertake an audit of the Pen-
                                               been very ugly—not only for our na-                      of mine. Many of my colleagues, Demo-                  tagon. Again, Democrats and Repub-
                                               tional security but more importantly                     crats and Republicans, particularly on                 licans on the Armed Services Com-
                                               for our troops—for the men and women                     the Armed Services Committee, have                     mittee pressed for it, and we finally got
                                               we are supposed to make sure are                         been working on rebuilding our mili-                   it. It took decades, but an audit of the
                                               trained so that they never have to go                    tary. When we were looking at these                    Pentagon has finally happened.
                                               into a fair fight, so we know they are                   numbers, so many people on the Armed                     Make no mistake, the Sanders
                                                                                                                                                               amendment is the first salvo in the na-




SSpencer on DSK126QN23PROD with SENATE
                                               always going to win.                                     Services Committee, including JACK
                                                 We just celebrated the 70th anniver-                   REED, who just gave a very eloquent                    tional Democratic leadership’s goal of
                                               sary of the outbreak of the Korean war                   speech, recognized, whoa—dangerous                     defunding the military across the
                                               on June 25, 1950. I am a bit of a Korean                 world, dangerous neighborhood, and a                   board. If you don’t want to take my
                                               war history buff. I will tell you this:                  military that is not ready. So we got to               word for it, here is the POLITICO op-ed
                                               What we didn’t celebrate was actually                    work.                                                  from Senator SANDERS about his
                                               what happened in the summer of 1950                        I enjoy my bipartisan work here in                   amendment titled: ‘‘Defund the Pen-
                                               at the outbreak of the Korean war.                       the Senate. Some of my best friends                    tagon: The Liberal Case.’’



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                                               S4370                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                                 ‘‘Defund the Pentagon’’—there they                       He will be greatly missed. He is                     walls benefits, more and more veterans
                                               go again. This is a really important                     somebody they only make one of, an                     are forced to live with the detrimental
                                               issue. I hope my colleagues on both                      incredible human being.                                effects of their exposure without the
                                               sides of the aisle defeat this amend-                            AMENDMENT NO. 1972, AS MODIFIED                assistance that not only they have
                                               ment       overwhelmingly—overwhelm-                       Mr. TESTER. Mr. President, I call up                 earned but that we owe them—veterans
                                               ingly. The men and women of the mili-                    amendment No. 1972, as modified, and                   like Bill Garber from Great Falls, MT.
                                               tary are watching this amendment.                        ask that it be reported by number.                       In 1967, Bill enlisted in the U.S.
                                               The men and women of the military                          The PRESIDING OFFICER. The                           Army, and within 6 months he was sent
                                               know that their readiness 5 years ago                    clerk will report.                                     to fight in Vietnam, where he served as
                                               was in a really bad state.                                 The legislative clerk read as follows:               a combat engineer and demolitions ex-
                                                 The vote today and what is going to                      The Senator from Montana [Mr. TESTER]                pert with the 11th Armored Cavalry
                                               happen later—literally, if you look at                   proposes an amendment numbered 1972, as                Regiment, 1st Brigade Combat Team of
                                               history, we never know when the next                     modified, to amendment No. 2301.                       the 101st Airborne Division. During his
                                               conflict is coming. We didn’t know that                      The amendment is as follows:                       yearlong tour in Vietnam, Bill saw
                                               in the summer of 1950, the military was                  (Purpose: To expand the list of diseases asso-         heavy combat, and like most military
                                               going to be rushed to the Korean Pe-                       ciated with exposure to certain herbicide            folks who were in Vietnam, was ex-
                                               ninsula and would barely be able to                        agents for which there is a presumption of           posed to Agent Orange.
                                               hold its own. Thousands died because                       service connection for veterans who served             Now, more than 50 years later, after
                                               they weren’t ready because of defense                      in the Republic of Vietnam)                          his service and his sacrifice, Bill suf-
                                               cuts by the Congress and the executive                     At the end of subtitle G of title X, add the         fers   from     tremors   diagnosed    as
                                               branch and the Pentagon.                                 following:                                             Parkinsonism, one of the three condi-
                                                 So this is an important vote. The                      SEC. ll. ADDITIONAL DISEASES ASSOCIATED
                                                                                                                  WITH EXPOSURE TO CERTAIN HER-
                                                                                                                                                               tions that would be covered by the De-
                                               lives of the men and women in our                                                                               partment of Veterans Affairs if this
                                                                                                                  BICIDE AGENTS FOR WHICH THERE
                                               military and their readiness could well                            IS A PRESUMPTION OF SERVICE                  amendment passes. Bill’s story is he-
                                               depend on this vote, and I urge my col-                            CONNECTION FOR VETERANS WHO                  roic, but the truth is, he is one of tens
                                               leagues on both sides of the aisle to                              SERVED IN THE REPUBLIC OF VIET-
                                                                                                                  NAM.                                         of thousands of Vietnam veterans in
                                               strongly reject it.                                                                                             this country who are still waiting for
                                                 I yield the floor.                                       Section 1116(a)(2) of title 38, United States
                                                                                                        Code, is amended by adding at the end the              this White House to grant them the
                                                 The PRESIDING OFFICER. The Sen-
                                                                                                        following new subparagraphs:                           benefits they have earned.
                                               ator from Montana.                                         ‘‘(I) Parkinsonism.                                    No more waiting. No more trying to
                                                         REMEMBERING JIM POSEWITZ                         ‘‘(J) Bladder cancer.                                outlive the Vietnam veteran. My
                                                 Mr. TESTER. Mr. President, before I                      ‘‘(K) Hypothyroidism.’’.                             amendment directs the Department of
                                               call up my amendment and get to the                        Mr. TESTER. Mr. President, I want                    Veterans Affairs to acknowledge the
                                               issue of our veterans in this country, I                 to turn to the issue of the day, and                   overwhelming scientific evidence al-
                                               want to say a few words about a good                     that is this amendment to the National                 ready put forward by veterans, sci-
                                               friend and a legendary Montana con-                      Defense Authorization Act.                             entists, and medical experts, and pro-
                                               servationist named Jim Posewitz, who                       Senator REED talked about it a few                   vide Vietnam veterans with the bene-
                                               passed away a few weeks ago.                             minutes ago because, quite frankly,
                                                 He was a towering figure in Montana                                                                           fits they have earned in service to our
                                                                                                        justice is long overdue for thousands of               country.
                                               and in the history of conservation in
                                                                                                        veterans who are currently suffering                     Today, we have an opportunity to
                                               our great State. He was a man who
                                                                                                        and dying from illnesses related to ex-                end the needless suffering and dis-
                                               knew right from wrong, and Montanans
                                                                                                        posure to Agent Orange in Vietnam.                     appointment for an entire generation
                                               know that he was almost always right
                                                                                                          You know, one of our most sacred du-                 of veterans who are counting on Con-
                                               and seldom wrong.
                                                 Poz’s accomplishments are too long                     ties is to take care of those who are                  gress to simply do the right thing. The
                                               to list, but any Montanan who fished in                  wounded in service to this country, and                reality is that taking care of our vet-
                                               the Missouri River, learning the ethics                  the fact is, this administration, the                  erans is a cost of war and is a cost that
                                               of hunting or hiking in Montana’s                        Trump administration, has refused to                   must be paid. We must hold this ad-
                                               Rocky Mountain Front, owes a deep                        expand the list of presumptive health                  ministration accountable on behalf of
                                               debt of gratitude to Poz’s more than 30                  conditions associated with Agent Or-                   thousands of veterans like Bill who
                                               years of work for the Montana Fish,                      ange to cover illnesses such as bladder                gave so much for this country, and I
                                               Wildlife, and Parks and to his post-re-                  cancer,        hypothyroidism,        and              urge my colleagues to get this done
                                               tirement work as a conservation advo-                    Parkinsonism. They don’t seem to                       with a ‘‘yes’’ vote on this amendment
                                               cate, ethicist, and leader.                              think that exposure to these toxic                     so we can end the wait for veterans
                                                 The Wilderness Act of 1964 says that                   chemicals in Vietnam is a cost of war.                 who have already sacrificed greatly
                                               America’s wildest places are those                       Well, let me tell you, they are wrong.                 and who shouldn’t be forced to wait 1
                                               where man himself is a visitor. Poz un-                  It is a cost of war. The fact is, this ad-             minute longer.
                                               derstood that power, that magic, and                     ministration wants to outlive the Viet-                  I yield the floor.
                                               the importance of these places. He was                   nam veterans, and they don’t want to                     The PRESIDING OFFICER. The Sen-
                                               relentless in his fight to protect them,                 pay for it.                                            ator from Vermont.
                                               and he was uncompromising in his                           Every time we get in a situation—                      Mr. LEAHY. Mr. President, in a few
                                               faith that they bring us closer to na-                   and I should say the last time we got in               minutes we will vote on the Sanders
                                               ture, to each other, and to ourselves.                   a situation, for sure—we sent off our                  amendment, which I support. As vice
                                               He never stopped fighting for Montana                    young men and women in the military,                   chairman of the Senate Appropriations
                                               and for the wild places in Montana.                      and we put the cost on the credit card                 Committee, I have worked with the Re-
                                                 My heart goes out to Poz’s family,                     for our kids to pay and don’t think a                  publican leadership and with Chairman
                                               including his life partner Gayle; his                    thing about it, but when they come                     SHELBY in recent years to strike budg-
                                               sons, Brian, Allen, Carl; Matthew and                    back and they are changed, all of a sud-               et agreements that resulted in parity
                                               Matthew’s wife Heather and their                         den, we don’t want to pay for it, espe-                between defense and nondefense spend-
                                               daughters, Sarah and Lindsay; his son                    cially when these conditions, in par-                  ing. At the same time, amid a national
                                               Andrew and Andrew’s wife Kelly and                       ticular, already meet the historical                   and international public health crisis,
                                                                                                        standard to be added to the Depart-                    the need to infuse more resources into




SSpencer on DSK126QN23PROD with SENATE
                                               their daughters Madison and Charlotte;
                                               his stepdaughter Ann and Ann’s hus-                      ment of Veterans Affairs’ presumptive                  public health, education, and business
                                               band Nate and their children, Joslin                     list for service connection.                           development programs has never been
                                               and Lyzander; his stepson Clayton and                      Now, this is not just me talking. This               greater.
                                               Clayton’s wife Michelle and daughter                     is the National Academies of Medicine                    I have heard from my Republican col-
                                               Ayla. Poz is also survived by his broth-                 weighing in with their reviews of sci-                 leagues on the floor objecting to the
                                               er John and John’s wife Mary and their                   entific evidence—scientific evidence.                  Sanders amendment. I would say to
                                               four children.                                           Each day this administration stone-                    them that if they feel that strongly—



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4371
                                               this is not authorized—but if they feel                     When you see something that is not right              (2) the amount equal to 14 percent of the
                                               that strongly, they should tell their                    . . . you have a moral obligation to say               aggregate amount described in paragraph (1).
                                               Republican leadership to allow the ap-                   something. To do something. Our children                 (b) ALLOCATION.—The reduction made by
                                                                                                        and their children will ask us, ‘‘What did you         subsection (a) shall—
                                               propriations bill to come up so they
                                                                                                        do?’’                                                    (1) apply on a pro rata basis among the ac-
                                               can actually vote on the Defense bill.
                                                                                                          That is a question all of us must ask                counts and funds for which amounts are au-
                                               Right now, this is just idle chatter                                                                            thorized to be appropriated by this Act
                                               when they object to Senator SANDERS’                     ourselves.
                                                                                                                                                               (other than military personnel and the De-
                                                                                                               VOTING RIGHTS ADVANCEMENT ACT
                                               amendment, and yet they are unwilling                                                                           fense Health Program);
                                               themselves to actually vote up or down                     Mr. President, there is one thing I                    (2) be applied on a pro rata basis across
                                               on the appropriations bill for not only                  am doing today that I want to share                    each program, project, and activity funded
                                               the Department of Defense bill but the                   with my fellow Senators and Ameri-                     by the account or fund concerned; and
                                               other    Departments.     The   Sanders                  cans. Today, I am reintroducing the                      (3) be used by the Secretary of the Treas-
                                                                                                        Voting Rights Advancement Act, and                     ury to carry out the grant program described
                                               amendment, after all, maintains full
                                                                                                        we are renaming it the John Lewis                      in subsection (c).
                                               support for the personnel needs of the
                                                                                                        Voting Rights Advancement Act.                           (c) GRANT PROGRAM.—
                                               Department of Defense, as well as the                                                                             (1) ESTABLISHMENT.—There is established
                                               critical medical research supported                        This is bipartisan legislation. It has
                                                                                                        47 Senate cosponsors. It would safe-                   in the Department of the Treasury a grant
                                               throughout the Department. It would                                                                             program through which the Secretary of the
                                               also take some of the Department’s                       guard what John fought over a lifetime                 Treasury shall, in coordination with the Sec-
                                               sweeping budget and reserve it for un-                   to achieve: equality at the voting                     retary of Education, the Secretary of Health
                                               derfunded domestic needs. This is long                   booth. The bill would restore the Vot-                 and Human Services, the Secretary of Agri-
                                               overdue.                                                 ing Rights Act to end the scourge of                   culture, the Secretary of Housing and Urban
                                                 I again call on my Republican col-                     minority voter suppression.                            Development, the Secretary of the Interior,
                                               leagues to stop talking about the                          Now, the House already passed a                      and the Administrator of the Environmental
                                                                                                        companion to the John Lewis Voting                     Protection Agency, provide grants to eligible
                                               money you want or don’t want to                                                                                 entities in accordance with the requirements
                                               spend. Tell the Republican leader to                     Rights Advancement Act in December.
                                                                                                        Now let’s do our part. We can’t claim                  of this subsection.
                                               allow the appropriations bills to come                                                                            (2) APPLICATION.—An eligible entity that
                                               to the floor and vote up or down.                        to honor the life of John Lewis if we                  desires a grant under this subsection shall
                                                          REMEMBERING JOHN LEWIS
                                                                                                        refuse to carry out his life’s work. Of                submit to the Secretary of the Treasury an
                                                                                                        course, if we stand in the way of that                 application in such form and containing such
                                                 Mr. President, on another issue, I
                                                                                                        work, that would be the wrong thing to                 information as the Secretary may require.
                                               have had such an incredibly heavy
                                                                                                        do.                                                      (3) PURPOSES.—
                                               heart since I heard Friday night my                                                                               (A) PERMISSIBLE PURPOSES.—An eligible en-
                                                                                                          So I would urge my fellow Senators,
                                               dear friend and hero, John Lewis                                                                                tity that receives a grant under this sub-
                                                                                                        join me in calling on Senator MCCON-
                                               passed away. I stand here on the Sen-                                                                           section may use the grant funds for any of
                                                                                                        NELL to allow a vote up or down on the
                                               ate floor today to talk about him.                                                                              the following:
                                                                                                        John Lewis Voting Rights Advance-
                                                 When I got a call at our home in                                                                                (i) To construct, renovate, retrofit, or per-
                                                                                                        ment Act.                                              form maintenance with respect to an afford-
                                               Vermont late that night, my wife, my
                                                                                                          Let’s do that for John, but let’s not                able housing unit, a public school, a
                                               son, and I just sat there and talked
                                                                                                        do it simply because it is named after                 childcare facility, a community health cen-
                                               about John for hours and cried. We
                                                                                                        him but because it is precisely what                   ter, a public hospital, a library, or a clean
                                               knew America lost a genuine hero—an
                                                                                                        John would do. And if we have a moral                  drinking water facility if any such building
                                               unwavering lodestar who, over decades                                                                           or facility is located within the jurisdiction
                                                                                                        compass, we should do it and take ac-
                                               of selfless activism and public service,                                                                        of the eligible entity.
                                                                                                        tion to forge a more perfect Union, pro-
                                               drew us closer to our ideals.                                                                                     (ii) To remove contaminants, including
                                                 I remember when he invited me in to                    tect our democracy, and above all, do
                                                                                                                                                               lead, from infrastructure with respect to the
                                               watch actually a sit-in by Democratic                    what is right.                                         provision of drinking water if that infra-
                                                                                                          I yield the floor.                                   structure is located within the jurisdiction
                                               Members in the House of Representa-                        The PRESIDING OFFICER. The Sen-
                                               tives when the Republican Speaker had                                                                           of the eligible entity.
                                                                                                        ator from Vermont.                                       (iii) To replace, remove, or renovate a va-
                                               closed down the House for them to
                                                                                                                        AMENDMENT NO. 1788                     cant or blighted property that is located
                                               have votes. He saw me outside, and I                                                                            within the jurisdiction of the eligible entity.
                                                                                                          Mr. SANDERS. Mr. President, I call
                                               asked him what is going on, and he                                                                                (iv) To hire public school teachers to re-
                                                                                                        up amendment No. 1788, and I ask that
                                               said: You are my brother.                                                                                       duce class size at public schools within the
                                                 He took me by the arm, brought me                      it be reported by number.
                                                                                                          The PRESIDING OFFICER. The                           jurisdiction of the eligible entity.
                                               in, and sat me down in the well of the                                                                            (v) To increase the pay of teachers at pub-
                                                                                                        clerk will report the amendment by
                                               House to watch what was going on. I                                                                             lic schools within the jurisdiction of the eli-
                                                                                                        number.                                                gible entity.
                                               was always humbled and honored to be
                                                                                                          The legislative clerk read as follows:                 (vi) To provide nutritious meals to chil-
                                               called his brother, as he often did when
                                                                                                          The Senator from Vermont [Mr. SANDERS]               dren and parents who live within the juris-
                                               we were together, including an unfor-                    for himself and Mr. MARKEY, proposes an                diction of the eligible entity.
                                               gettable visit he had with us in                         amendment numbered 1788 to amendment                     (vii) To provide free tuition to residents
                                               Vermont just last year.                                  No. 2301.                                              within the jurisdiction of the eligible entity
                                                 I have been thinking so much of what                       The amendment is as follows:                       to attend public institutions of higher edu-
                                               we can say, and there aren’t enough                                                                             cation, including vocational and trade
                                                                                                        (Purpose: To reduce the bloated Pentagon
                                               words—there certainly aren’t—in pay-                       budget by 10 percent and invest that                 schools.
                                               ing tribute to a man whose life was de-                    money in jobs, education, health care, and             (viii) To provide rental assistance to resi-
                                               fined by the relentless and fearless pur-                  housing in communities in the United                 dents within the jurisdiction of the eligible
                                               suit of equality. John bled, literally,                    States in which the poverty rate is not less         entity.
                                                                                                          than 25 percent)                                       (ix) To reduce or eliminate homelessness
                                               and his bones were broken, literally,
                                                                                                                                                               within the jurisdiction of the eligible entity.
                                               for the causes of civil rights. He came                    At the end of subtitle A of title X, add the
                                                                                                                                                                 (B) IMPERMISSIBLE PURPOSES.—An eligible
                                               to Congress bearing those scars—a liv-                   following:
                                                                                                                                                               entity that receives a grant under this sub-
                                               ing, breathing reminder that our soci-                   SEC. lll. REDUCTION IN AMOUNT AUTHOR-
                                                                                                                                                               section may not use the grant funds—
                                                                                                                  IZED TO BE APPROPRIATED FOR FIS-
                                               ety’s progress on racial equality came                             CAL YEAR 2021 BY THIS ACT; ESTAB-              (i) to construct a law enforcement facility,
                                               through the sacrifices of heroes like                              LISHMENT OF GRANT PROGRAM TO                 including a prison or a jail; or
                                                                                                                                                                 (ii) to purchase a vehicle for a law enforce-




SSpencer on DSK126QN23PROD with SENATE
                                               him.                                                               REDUCE POVERTY AND INVEST IN
                                                 In Congress, John Lewis stood with                               DISTRESSED COMMUNITIES.                      ment agency.
                                               equal moral clarity, serving as its con-                   (a) IN GENERAL.—The amount authorized                  (4) DEFINITIONS.—In this subsection—
                                                                                                        to be appropriated for fiscal year 2021 by this          (A) the term ‘‘eligible entity’’ means—
                                               science and reminding us that our
                                                                                                        Act is—                                                  (i) a county government with respect to a
                                               work to build a genuinely equal and                        (1) the aggregate amount authorized to be            high-poverty county;
                                               just society remains unfinished. His                     appropriated for fiscal year 2021 by this Act            (ii) a local or municipal government within
                                               thundering words just months ago echo                    (other than for military personnel and the             the jurisdiction of which there are not fewer
                                               even more loudly today. He said:                         Defense Health Program); minus                         than 5 high-poverty neighborhoods; and




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                                               S4372                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                                 (iii) a federally recognized Indian Tribe              don’t talk about it much, but we                          That is where we are today: hunger,
                                               that exercises jurisdiction over Indian lands            should, and that is that 600 billionaires              homelessness, racism, a warming and
                                               (as defined in section 824(b) of the Indian              in our country have seen their wealth                  dangerously warming climate. These
                                               Health Care Improvement Act (25 U.S.C.                   go up by $700 billion during the pan-                  are the issues that we have to focus on.
                                               1680n(b))) that contain high-poverty neigh-
                                               borhoods;
                                                                                                        demic. So we entered this pandemic                     Our attention must be on improving
                                                 (B) the term ‘‘high-poverty county’’ means             with massive income and wealth in-                     the lives of ordinary Americans—work-
                                               a county with a poverty rate of not less than            equality since the pandemic, and the                   ing people, lower income people—and
                                               25 percent, according to the Small Area In-              very rich have become even richer,                     doing what we can to work with coun-
                                               come and Poverty Estimates of the Bureau                 while working people have seen a sig-                  tries around the world to help the bil-
                                               of the Census for 2018;                                  nificant decline in their income and                   lions of people living in economic dis-
                                                 (C) the term ‘‘high-poverty neighborhood’’             wealth.                                                tress.
                                               means a census tract with a poverty rate of                The current crisis, or series of crises,                With that, I rise today to make it
                                               not less than 25 percent, according to the 5-            have revealed the extraordinary in-
                                               year estimate of the American Community
                                                                                                                                                               abundantly clear that if we are going
                                                                                                        equities in our economy. If people                     to address those issues, if we are going
                                               Survey of the Bureau of the Census for years
                                               2014 through 2018; and                                   didn’t know it before, they surely know                to protect the working families of this
                                                 (D) the term ‘‘public school’’ means a pub-            it now.                                                country who are now under so much
                                               lic elementary school or secondary school, as              In the United States today, over half                stress, it is absolutely imperative that
                                               those terms are defined in section 8101 of the           of our workers live paycheck to pay-                   we change our national priorities.
                                               Elementary and Secondary Education Act of                check. Not surprisingly, when you live                    The status quo and conventional wis-
                                               1965 (20 U.S.C. 7801).                                   paycheck to paycheck, and the pay-                     dom that we see on TV every day and
                                                 Mr. SANDERS. Mr. President, I                          check stops coming in, you are in fi-                  that we hear on the floor of the Senate
                                               thank Senator LEAHY for his support of                   nancial distress. That means that your                 is no longer good enough. History has
                                               our amendment, for his beautiful words                   economic situation goes from poverty,                  overtaken us. Unprecedented crises
                                               on John Lewis, and for his insistence                    which is low wages, to desperation,                    have overtaken us. The status quo is
                                               that this Senate makes sure that every                   which is no income coming in at all.                   not good enough. We must respond.
                                               American has the right to vote. That is                  That means that you go hungry. It                         We must finally have the courage to
                                               not asking too much, and that is a bill                  means that you may become homeless.                    stand up to powerful special interests
                                               we should deal with.                                     It means that when you get sick, you                   and all of their campaign money and
                                                 Mr. President, I rise to speak in sup-                 no longer have health insurance or the                 understand that we cannot allow these
                                               port of the amendment I have filed for                   income to see a doctor.                                people to continue to have so much
                                               the National Defense Authorization                         What the pandemic has taught us is                   power over the economic and political
                                               Act to cut the bloated $740 billion Pen-                 that a relatively low unemployment                     life of this country; that we must start
                                               tagon budget by 10 percent and use                       rate, which is what we had before the                  developing policies that work for work-
                                               that $74 billion in savings to invest in                 pandemic, does not adequately guar-                    ing families, not just the rich, not just
                                               human needs here at home.                                antee for the security and well-being of
                                                                                                                                                               the powerful, and not just those who
                                                 This amendment is being cosponsored                    working families.
                                                                                                                                                               contribute to super PACs.
                                               by     Senators    MARKEY,      WARREN,                    When tens of millions of our people
                                                                                                                                                                  Fifty-three years ago, Dr. Martin Lu-
                                               MERKLEY, WYDEN, and Senator LEAHY                        earn starvation wages, that is not a
                                                                                                                                                               ther King, Jr., challenged our country
                                               and will receive a rollcall at 12:10 p.m.                good economy. When 40 percent of our
                                                                                                                                                               to fight against three major evils: ‘‘The
                                                 This amendment has been endorsed                       people do not have the savings to pay
                                                                                                                                                               evil of racism, the evil of poverty, and
                                               by more than 60 organizations rep-                       for a $400 emergency, that is not what
                                                                                                                                                               the evil of war.’’ That was what Dr.
                                               resenting millions of working people,                    I would call a good economy. When
                                                                                                                                                               King said 53 years ago. And if there
                                               environmentalists, and religious lead-                   over half a million Americans are
                                                                                                        homeless and 18 million families spend                 were ever a moment in American his-
                                               ers, including Public Citizen, the Union
                                                                                                        at least half of their incomes on hous-                tory when we need to respond to Dr.
                                               of Concerned Scientists, and Physi-
                                               cians for Social Responsibility.                         ing, that is not a good economy. When                  King’s clarion call for justice and de-
                                                 In America today, we are experi-                       87 million people are uninsured or                     mand, as he stated, ‘‘a radical revolu-
                                               encing an extraordinary set of crises                    underinsured, that is not a good econ-                 tion of values,’’ now is that time. This
                                               unprecedented in the history of the                      omy. In other words, to create a good                  is the moment for us to bring about
                                               United States of America. We are in                      economy, we are going to have to do a                  what Dr. King called ‘‘a radical revolu-
                                               the midst of a public health crisis that                 whole lot better than that.                            tion of values,’’ whether it is fighting
                                               is worse than at any time since the                        Further, over the last few months,                   against systemic racism and police
                                               Spanish flu of 1918. Over the past 4                     hundreds of thousands of Americans                     brutality, whether it is transforming
                                               months, the coronavirus has infected                     have taken to the streets to demand                    our energy system away from fossil
                                               more than 3.7 million Americans and                      justice for the murders of George                      fuel, whether it is ending a cruel and
                                               caused nearly 140,000 deaths.                            Floyd, Breonna Taylor, Rayshard                        dysfunctional healthcare system, or
                                                 We are in the midst of the worst eco-                  Brooks, and Ahmaud Arbery, among                       addressing the grotesque level of in-
                                               nomic downturn since the Great De-                       many others, and to end the rampant                    come and wealth inequality in our
                                               pression. During the COVID–19 pan-                       police brutality that we see in America                country, now is the time for change,
                                               demic, 119 million Americans have seen                   today. These tragic killings of unarmed                real change.
                                               a decline in their income—unbeliev-                      African Americans have highlighted                        In my view, given all of the unprece-
                                               able. One hundred and nineteen million                   the urgent need to rethink the nature                  dented crises our country faces, now is
                                               Americans have seen a decline in their                   of policing and to fix a broken and rac-               not the time to increase the Penta-
                                               income, 50 million have filed for unem-                  ist criminal justice system.                           gon’s bloated $740 billion budget, which
                                               ployment, and American households                          On top of all of that—on top of a pan-               is 53 percent of all discretionary spend-
                                               have lost over $6 trillion in wealth.                    demic, on top of an economic collapse,                 ing in America. Let me repeat that.
                                                 All over this country—in the State of                  on top of systemic racism—we have to                   The military budget alone is 53 percent
                                               Vermont and in every other State in                      address the existential threat facing                  of all discretionary spending in this
                                               America—people are going hungry in                       this planet of climate change.                         country.
                                               America. People are going hungry. And                      A few weeks ago, temperatures in Si-                    At a time when 28 million Americans
                                               many, many people are frightened to                      beria—the coldest region on Earth—                     are in danger of being evicted from
                                                                                                                                                               their homes, now is not the time to be




SSpencer on DSK126QN23PROD with SENATE
                                               death that they will soon be evicted                     topped 100 degrees, shattering records.
                                               from their apartments or will lose                       If we do not get our act together and                  spending more on the military than the
                                               their homes to foreclosure.                              transform our energy system away                       next 11 nations combined.
                                                 That is where the American people                      from fossil fuel and into renewable en-                   At a time when 30 million Americans
                                               are today: loss of jobs, loss of income,                 ergy, we will be leaving this planet in-               have lost their jobs, now is not the
                                               hunger, eviction.                                        creasingly unhealthy and uninhabit-                    time to be spending more on national
                                                 On the other hand, there is another                    able for our kids and future genera-                   defense than we did at the height—the
                                               reality going on in America today. We                    tions.                                                 height—of the Cold War or the wars in



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4373
                                               Korea or Vietnam. Let me repeat:                         don’t need more fighter jets. What we                  that the Congress has appropriated so
                                               spending more in real, inflation-ac-                     do need in this country, desperately, is               much money for the Defense Depart-
                                               counted-for dollars today on the mili-                   more healthcare, more housing, more                    ment that the Pentagon literally does
                                               tary than we did during the Cold War                     childcare, and better schools.                         not know what to do with it. Between
                                               or the wars in Korea or Vietnam.                           Now is the time to fundamentally                     2013 and 2018, they actually returned
                                                 At this unprecedented moment in our                    change our national priorities, and                    more than $80 billion in funding back
                                               history, now is the time to provide                      that is what this amendment is all                     to the Treasury. They had more money
                                               jobs, education, healthcare, and hous-                   about. This amendment in itself is not                 than they could spend.
                                               ing in American communities that                         going to do anywhere near what we                        In my view, the time is long overdue
                                               have been ravaged by the global pan-                     need to do as a country, but it is an im-              for us to take a hard look not only at
                                               demic,    by    extreme     poverty,    by               portant step forward in changing the                   the size of the Pentagon budget but at
                                               deindustrialization, and mass incarcer-                  way we think about our needs.                          the enormous amount of waste, cost
                                               ation.                                                     Let me be clear. If we were to insti-                overruns, fraud, and at the financial
                                                 If this horrific pandemic we are now                   tute a 10-percent cut in military spend-               mismanagement that has plagued the
                                               experiencing has taught us anything, it                  ing, that $74 billion could provide high-              Department of Defense for decades.
                                               is that national security means a lot                    quality childcare to every family in                     Let’s be clear. We don’t talk about it,
                                               more than building bombs, missiles, jet                  America. Imagine that. We could solve                  but let’s be clear. About half of the
                                               fighters, submarines, nuclear war-                       the childcare crisis in America just by                Pentagon’s budget goes directly into
                                               heads, and other weapons of mass de-                     cutting the military budget by 10 per-                 the hands of private contractors, not
                                               struction.    National    security    also               cent.                                                  our troops. Over the past two decades,
                                               means doing everything we can to im-                       We could, by cutting the military                    virtually every major defense con-
                                               prove the lives of our people, many of                   budget by 10 percent, provide section 8                tractor in the United States has paid
                                               whom have been abandoned by our gov-                     housing vouchers to all of the 7.7 mil-                billions of dollars in fines and settle-
                                               ernment decade after decade.                             lion families in America who are pay-                  ments for misconduct and fraud, all
                                                 The amendment that I am offering                       ing more than half of their limited in-                while making huge profits on those
                                               today would cut the $740 billion budg-                   comes on rent.                                         government contracts. Virtually every
                                               et—Pentagon budget—by 10 percent                           A 10-percent cut to the Pentagon                     major defense contractor has been
                                               and use that $74 billion in savings to                   could provide a free college education                 found guilty of misconduct or fraud.
                                               invest in distressed communities in                      for 2 million low-income students.                       Since 1995, Boeing, Lockheed Martin,
                                               every State in this country, commu-                        A 10-percent cut to the Pentagon is                  and United Technologies have paid
                                               nities that have been ravaged by pov-                    enough to hire 900,000 teachers in the                 over $3 billion in fines or related settle-
                                               erty, mass incarceration, and other                      poorest schools in America.                            ments for fraud or misconduct. Fur-
                                               enormous problems.                                         So I am a little bit tired about hear-               ther, I find it interesting that the very
                                                 Under this amendment, distressed                       ing that we don’t have enough money                    same defense contractors that have
                                               cities and towns would be able to use                    for nuclear weapons, that we need more                 been found guilty or reached settle-
                                               this $74 billion to create jobs by build-                money for missiles and tanks and                       ments for fraud are also paying their
                                               ing affordable housing, new schools,                     guns—that we need more for all of                      CEOs excessive—excessive—compensa-
                                               childcare facilities, community health                   that, yet we are turning our backs on                  tion packages. Last year, the CEOs of
                                               centers, public hospitals, libraries, sus-               Americans who are hurting the most.                    Lockheed Martin and Northrop Grum-
                                               tainable energy projects, and clean                        I believe this is a moment in history                man both made over $20 million in
                                               drinking water facilities. These com-                    when it would be a very good idea for                  total compensation, while around 90
                                               munities would also receive Federal                      all of my colleagues, Democratic and                   percent of these companies’ revenue
                                               funding to hire more public school                       Republican, to remember what former                    came from defense contracts. In other
                                               teachers, provide nutritious meals to                    Republican—Republican—President                        words, for all intents and purposes,
                                               children, and offer free tuition at pub-                 Dwight D. Eisenhower said in 1953. I                   these companies are basically govern-
                                               lic colleges, universities, and trade                    think we all recall that Eisenhower                    ment agencies. Ninety percent of the
                                               schools.                                                 knew something about military budg-                    revenue coming in comes from the tax-
                                                 Over and over again, our Republican                    ets and the war because he was the                     payers of this country. Meanwhile, the
                                               friends—my colleagues here—have told                     four-star general who led the Allied                   CEOs of those companies make over 100
                                               us we cannot possibly afford to address                  forces to victory in Europe during                     times more than the Secretary of De-
                                               the enormous problems facing working                     World War II. He was not a passivist.                  fense makes. It is not too surprising,
                                               families: We just can’t afford it. We                    He was not an anti-war activist. He was                therefore, that we have a revolving
                                               don’t have the money to deal with                        a four-star general.                                   door where our military people end up
                                               homelessness and hunger and inad-                          Dwight D. Eisenhower said:                           on the boards of directors of these
                                               equate education.                                          Every gun that is made, every warship                major defense companies.
                                                 That is what they say every day. We                    launched, every rocket signifies, in the final
                                                                                                                                                                 Moreover, as the GAO has told us,
                                                                                                        sense, a theft from those who hunger and are
                                               have been told that we cannot afford to                  not fed, those who are cold and are not                there are massive cost overruns in the
                                               make public colleges and universities                    clothed. This world in arms is not spending            Defense      Department’s      acquisition
                                               tuition-free or to provide a decent in-                  money alone. It is spending the sweat of its           budget that we continue to ignore year
                                               come for every man, woman, and child.                    laborers, the genius of its scientists, the            after year. According to the GAO, the
                                               But when it comes to spending $740 bil-                  hopes of its children.                                 Pentagon’s $1.8 trillion acquisition
                                               lion on the military, well, suddenly,                      Right now, when the world is search-                 portfolio currently suffers from more
                                               hey, money is no problem; we can                         ing for treatment of the coronavirus,                  than $628 billion in cost overruns, with
                                               spend as much as we want. Hey, let’s                     when we are searching desperately and                  much of the cost growth taking place
                                               listen to all of the lobbyists from the                  spending billions looking for a vaccine,               after production.
                                               military-industrial complex who flood                    maybe it might be a good idea to be                      A major reason why there is so much
                                               Capitol Hill and tell us all their needs.                educating our young people to figure                   waste, fraud, and abuse at the Pen-
                                               We have to listen to them, but we don’t                  out how we deal with disease—with                      tagon is the fact that the Defense De-
                                               listen to the children in this country                   cancer and schizophrenia and Alz-                      partment remains the only Federal
                                               who may not have enough food to eat                      heimer’s and diabetes—rather than                      agency in America that has not been
                                               or the workers in this country who are                                                                          able to pass an independent audit.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                        putting more and more scientists into
                                               sleeping out in their cars. We don’t lis-                figuring out how we can blow the world                 Many of us will recall what then-Sec-
                                               ten to them, but when it comes to the                    up a dozen times over.                                 retary of Defense Donald Rumsfeld—
                                               military, hey, no end to the money                         What Eisenhower said was true—pro-                   George W. Bush’s Secretary of De-
                                               that we can provide.                                     foundly true—67 years ago, and it is                   fense—told the American people on the
                                                 To my mind, that is unacceptable.                      true today, maybe even truer today.                    day before 9/11. It never got a lot of at-
                                               We don’t need more nuclear weapons.                        When we analyze the Defense Depart-                  tention—the day before 9/11. Rumsfeld
                                               We don’t need more cruise missiles. We                   ment budget, it is interesting to note                 said:



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                                               S4374                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                                 Our financial systems are decades old. Ac-               Let us vote for the Sanders-Markey-                  those responsible for the 9/11 attacks—
                                               cording to some estimates, we cannot track               Warren-Merkley-Wyden-Leahy amend-                      to fight new enemies in new geog-
                                               $2.3 trillion in transactions.                           ment to cut the Pentagon budget by 10                  raphies, outside of Afghanistan.
                                                  I don’t know that the situation has                   percent and invest in human needs here                   All told, so far, we have spent $6.4
                                               changed very much since 2001 and                         at home.                                               trillion in the wars in Afghanistan,
                                               Rumsfeld’s remarks. Yet, nearly 20                         The PRESIDING OFFICER (Mr.                           Iraq, Syria, and other places since 2001.
                                               years after Rumsfeld’s statements, the                   LANKFORD). The Senator from Massa-                     Even as those wars wind down, the de-
                                               Defense Department has still not                         chusetts.                                              fense industry is pushing for costly
                                               passed a clean audit, despite the fact                     Mr. MARKEY. Mr. President, I am                      new acquisition programs to maintain
                                               that the Pentagon controls assets in                     proud to speak in support of my                        superiority over China and Russia.
                                               excess of $2.2 trillion or roughly 70 per-               amendment with Senator SANDERS to                        The forecasted ‘‘permanent arms in-
                                               cent of what the entire Federal Gov-                     prioritize investments in our commu-                   dustry’’ begins to explain why the Pen-
                                               ernment owns.                                            nities over a bloated Pentagon budget.                 tagon accounts for half of the entire
                                                  I believe in a strong military, but we                I thank Senator SANDERS for his lead-                  fiscal year 2021 U.S. discretionary
                                               cannot keep giving more money to the                     ership on this issue, bringing forth this              budget. Our military budget is larger
                                               Pentagon than it needs when millions                     fundamental tension that exists within                 than the next 10 countries combined.
                                               of children in this country face hunger                  our society.                                           Our battle fleet is larger than the next
                                               every day and 140 million Americans                        The men and women of the Armed                       13 navies combined, with 11 of those 13
                                               cannot afford the basic necessities of                   Forces deserve our admiration, our re-                 navies represented by our allies or our
                                               life without going into debt.                            spect, and our support. Day in and day                 partners.
                                                  In 1967 Dr. King warned us that ‘‘a                   out, they defend our country’s inter-                    However, every dollar spent on the
                                               nation that continues year after year                    ests in all corners of the world, and                  Pentagon is one fewer available to
                                               to spend more money on military de-                      their families sacrifice alongside them.               fight the scourge of poverty in this
                                               fense than on programs of social uplift                  But what makes America the envy of                     country, to strengthen the social safe-
                                               is approaching spiritual death.’’ I be-                  the world is not simply the strength of                ty net and protect American families.
                                               lieve the time is long overdue for us to                 our military but the strength of our                   Our communities have suffered while
                                               listen to Dr. King.                                                                                             we spend ourselves into extreme U.S.
                                                                                                        people.
                                                  At a time when, in the richest coun-                                                                         military dominance.
                                                                                                          And 2020 has brought historic chal-
                                               try in the history of the world, so                                                                               I fear that the Pentagon budget we
                                                                                                        lenges: a global pandemic, a growing
                                               many of our people are struggling, now                                                                          debate today shows to a child that we
                                                                                                        recession, a reckoning on the systemic
                                               is the time to change our priorities be-                                                                        don’t prioritize giving him or her a
                                                                                                        racism that pervades our country. We
                                               cause, as Dr. King stated, we are ap-                                                                           quality education; shows mothers and
                                                                                                        have also seen an estimated 5.4 million
                                               proaching spiritual death.                                                                                      fathers that, in the wealthiest country
                                                                                                        American workers lose their health in-
                                                  At a time when we have the highest                                                                           in the world, they will forever remain
                                                                                                        surance between February and May,
                                               rate of childhood poverty of almost any                                                                         one illness away from financial ruin;
                                                                                                        leaving them even more vulnerable to                   shows a family that the dream of
                                               major country on Earth, at a time
                                                                                                        a virus surging in every corner of this                homeownership, much less affordable
                                               when 60,000 Americans die each year
                                                                                                        country.                                               rental housing, will remain out of their
                                               because they can’t get to a doctor on
                                                                                                          The    Sanders-Markey      amendment
                                               time and 1 out of 5 Americans cannot                                                                            grasp; shows frontline heroes working
                                                                                                        states that we cannot afford, in this,                 in hospitals and nursing homes in Chel-
                                               afford the prescription drugs their doc-
                                                                                                        our moment of national crisis, to spend                sea, MA, and across the country that
                                               tors prescribe, we need to start focus-
                                                                                                        three-quarters of a trillion dollars on                they have no choice but to go work
                                               ing on those people, not on the mili-
                                                                                                        bloated defense spending—spending                      sick because their employer does not
                                               tary-industrial complex.
                                                  At this moment of unprecedented na-                   that is supposed to protect or country                 offer paid leave.
                                               tional crisis—a pandemic, an economic                    yet did nothing to inoculate against                     I reject the false choice between a
                                               meltdown, the demand to end systemic                     the most profound public health emer-                  strong U.S. military and strong Amer-
                                               racism, and an unstable President—it                     gency in a century.                                    ican communities. Trillions of dollars
                                                                                                          This amendment is also in keeping                    in defense spending did nothing to pro-
                                               is time for us to truly focus on what we
                                                                                                        with President Eisenhower’s warning,                   tect us from the coronavirus pandemic.
                                               value as a society and to fundamen-
                                                                                                        as Senator SANDERS said, that ‘‘we                     The defense spending can’t protect us
                                               tally transform our national priorities.
                                                                                                        must guard against the acquisition of                  from the destruction of the environ-
                                               Cutting the military budget by 10 per-
                                                                                                        unwarranted influence, whether sought                  ment and the worsening climate crisis.
                                               cent and investing that money in
                                                                                                        or unsought, by the military-industrial                Yet we are due to spend nearly 70 times
                                               human needs is a modest way to begin
                                                                                                        complex. The potential for the disas-                  more on defense than we will to protect
                                               that process.
                                                  Let me conclude by once again                         trous rise of misplaced power exists,                  against the next pandemic and other
                                               quoting Dwight D. Eisenhower. I don’t                    and will persist.’’                                    global health challenges.
                                               know that I have ever quoted a Repub-                      Persist it has. This $740 billion fiscal               We must no longer equate national
                                               lican quite as much as I have during                     year 2021 budget before us is the fulfill-             security with our inventory of planes,
                                               these remarks, but he is somebody                        ment of Ike’s worst fears. In his ad-                  missiles, and nuclear weapons system,
                                               whom I respected very much.                              dress to the American people, Presi-                   and if coronavirus is truly a war, as
                                                  This is what Eisenhower said when                     dent Eisenhower also predicted that a                  President Trump says it is, he is duty-
                                               he left office. This was back in 1961. He                permanent arms industry would come                     bound to embrace the fact that na-
                                               was out, and John F. Kennedy was                         to call the shots. After Japan surren-                 tional security also means health,
                                               coming in. This is what he said. I hope                  dered aboard the USS Missouri in 1945,                 housing, and financial security, and na-
                                               we can all remember this. He said:                       ending the Second World War, that per-                 tional security means doing everything
                                                 In the councils of government, we must                 manent arms industry made its fixture.                 we can to save and improve lives in
                                               guard against the acquisition of unwarranted               After we emerged victorious in a his-                American communities, particularly
                                               influence, whether sought or unsought, by                toric and ideological struggle against                 communities of color, that have been
                                               the military-industrial complex. The poten-              the Soviet Union that brought us to                    neglected for too long and that have
                                               tial for the disastrous rise of misplaced                the brink of nuclear holocaust, Eisen-                 born the worst of the coronavirus im-
                                               power exists and will persist.                           hower’s feared permanent arms indus-                   pacts.
                                                 Eisenhower was right then, and, if                     try stuck around and retooled to advo-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                 Our amendment begins that impor-
                                               anything, the situation is worse today.                  cate for new weapons to fight the end-                 tant work by making smart cuts of 10
                                               Now is the time for us to stand up to                    less war to come.                                      percent to the budget of the Pentagon
                                               the greed and irresponsibility of the                      The catastrophic attacks of Sep-                     for this fiscal year and redirecting
                                               military industrial complex. Now is the                  tember 11 led to more than a doubling                  those funds to the Department of the
                                               time to address the needs of working                     of the Pentagon’s budget. Multiple                     Treasury to administer a grant pro-
                                               families, the elderly, the children, the                 Presidents have stretched a limited au-                gram to strengthen vulnerable, low-in-
                                               sick, and the poor.                                      thorization of military force to go after              come communities.



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                          S4375
                                                 For example, in Massachusetts, we                      being told that money is not there for                  Scott (SC)         Sullivan        Warner
                                                                                                                                                                Shaheen            Tester          Whitehouse
                                               would be eligible to receive up to $1 bil-               unemployment insurance; for cities                      Shelby             Thune           Wicker
                                               lion in Federal funding to create jobs                   and towns not to have to lay off teach-                 Sinema             Tillis          Young
                                               by building affordable housing, schools,                 ers; for cities and towns to have the                   Stabenow           Toomey
                                               childcare facilities, community health                   testing, the contact tracing, and the                     The PRESIDING OFFICER. On this
                                               centers, public hospitals, libraries, and                personal protective equipment to pro-                   vote, the yeas are 23, the nays are 77.
                                               clean drinking water facilities, remov-                  tect families in our country; to make                     Under the previous order requiring 60
                                               ing lead pipes and replacing vacant or                   sure we can provide sick care leave;                    votes for the adoption of this amend-
                                               blighted properties; to improve edu-                     and to make sure we can provide                         ment, the amendment is not agreed to.
                                               cation by hiring more public school                      childcare for families in this country.                   The amendment (No. 1788) was re-
                                               teachers to reduce class sizes, increas-                 We are told there is not enough money.                  jected.
                                               ing teacher pay, providing universal                     Yes, there is, and that money is in the                   VOTE ON AMENDMENT NO. 1972, AS MODIFIED
                                               nutritious meals, and providing free                     defense budget of the United States of                    The PRESIDING OFFICER. Under
                                               tuition to attend public colleges, uni-                  America, so that we can protect those                   the previous order, the question is on
                                               versities, or trade schools; and to make                 families.                                               agreeing to the Tester amendment, No.
                                               housing more affordable by providing                       Too many people right now are nos-                    1972, as modified.
                                               rental assistance and eliminating                        talgic for a time that never was, in-                     Ms. HASSAN. Mr. President, I ask
                                               homelessness.                                            stead of having the idealism which we                   for the yeas and nays.
                                                 We should prioritize eradicating pov-                  need to battle the issues of today. But                   The PRESIDING OFFICER. Is there a
                                               erty, not war. We should prioritize bat-                 for the poor, the sick, the elderly, the                sufficient second?
                                               tling global killer diseases, not devel-                 disabled, the Black and Brown and im-                     There appears to be a sufficient sec-
                                               oping a new weapon designed to eradi-                    migrant families in this country, the                   ond.
                                               cate the human race. It is time we                       past is just a memory and the future is                   The clerk will call the roll.
                                               funded education, not annihilation—                      their hard reality.                                       The legislative clerk called the roll.
                                               Medicaid, not missiles.                                    This is the time for the U.S. Senate                    The result was announced—yeas 94,
                                                 Where do we start to make Defense                      to stand up and to begin the funding of                 nays 6, as follows:
                                               Department cuts? First, we must end                      the programs which every family needs                                [Rollcall Vote No. 136 Leg.]
                                               the war in Afghanistan, which would                      to protect themselves. I urge an ‘‘aye’’                                      YEAS—94
                                               save tens of billions of dollars. The                    vote on this amendment, and, again, I                   Alexander          Gillibrand      Reed
                                               time is long overdue to bring our men                    thank Senator SANDERS for his incred-                   Baldwin            Graham          Risch
                                               and women home. And it is time to                        ible progressive leadership on this issue               Barrasso           Grassley        Roberts
                                               double down on other tools of U.S.                                                                               Bennet             Harris          Romney
                                                                                                        and for so many others.                                 Blackburn          Hassan
                                               statecraft—diplomacy and develop-                                                                                                                   Rosen
                                                                                                          I yield back.                                         Blumenthal         Hawley          Rounds
                                               ment—to shape a better future for Af-                                                                            Blunt              Heinrich
                                                                                                                  VOTE ON AMENDMENT NO. 1788                                                       Rubio
                                               ghanistan, particularly Afghan women.                                                                            Booker             Hirono          Sanders
                                                 As we work to put a stop to endless                      The PRESIDING OFFICER. Under                          Boozman            Hoeven
                                                                                                                                                                                                   Sasse
                                               war and repeal the 2001 AUMF, the                        the previous order, the question occurs                 Brown              Hyde-Smith
                                                                                                                                                                                                   Schatz
                                                                                                                                                                Burr               Inhofe
                                               Pentagon must realign its budget to re-                  on agreeing to the Sanders amendment                    Cantwell           Johnson         Schumer
                                               flect the cold, hard wisdom of Ronald                    No. 1788.                                               Capito             Jones           Scott (SC)
                                                                                                          The Senator from Vermont.                             Cardin             Kaine           Shaheen
                                               Reagan that ‘‘a nuclear war cannot be                                                                            Carper             King            Shelby
                                               won and must never be fought.’’                            Mr. SANDERS. I ask for the yeas and                                                      Sinema
                                                                                                                                                                Casey              Klobuchar
                                                 Between the Departments of Defense                     nays.                                                   Cassidy            Lankford        Smith
                                               and Energy, we are due to spend nearly                     The PRESIDING OFFICER. Is there a                     Collins            Leahy           Stabenow
                                                                                                        sufficient second?                                      Coons              Loeffler        Sullivan
                                               $50 billion on nuclear weapons in fiscal                                                                         Cornyn             Manchin         Tester
                                               year 2021. Over the next three decades,                    There appears to be a sufficient sec-                 Cortez Masto       Markey          Thune
                                               we are on course to spend $1.7 trillion                  ond.                                                    Cotton             McConnell       Tillis
                                               on nuclear weapons overkill. We can                        The clerk will call the roll.                         Cramer             McSally         Toomey
                                                                                                                                                                Crapo              Menendez        Udall
                                               field a safe, secure, and effective nu-                    The senior assistant legislative clerk                Daines             Merkley         Van Hollen
                                               clear deterrent—one that assures our                     called the roll.                                        Duckworth          Moran           Warner
                                               allies and partners—all without break-                     The result was announced—yeas 23,                     Durbin             Murkowski       Warren
                                                                                                                                                                Enzi               Murphy
                                               ing the bank.                                            nays 77, as follows:                                    Ernst              Murray
                                                                                                                                                                                                   Whitehouse
                                                 Our people, not our military parades,                            [Rollcall Vote No. 135 Leg.]                  Feinstein          Perdue
                                                                                                                                                                                                   Wicker
                                               are the source of American greatness.                                                                            Fischer            Peters          Wyden
                                                                                                                           YEAS—23                                                                 Young
                                               Over the past few months, this country                                                                           Gardner            Portman
                                                                                                        Baldwin           Hirono               Schatz
                                               has experienced a reckoning, as Ameri-                   Blumenthal        Klobuchar            Schumer                                NAYS—6
                                               cans from all walks of life have had                     Booker            Leahy                Smith            Braun              Kennedy         Paul
                                               enough. They have had enough of being                    Cantwell          Markey               Udall            Cruz               Lee             Scott (FL)
                                                                                                        Cardin            Merkley              Van Hollen
                                               lied to by the President about the true                  Casey             Murphy                                  The PRESIDING OFFICER (Mr. ROM-
                                                                                                                                               Warren
                                               threat of a deadly disease. They have                    Durbin            Murray               Wyden            NEY). On this vote the yeas are 94, the
                                               had enough of people of color being                      Gillibrand        Sanders
                                                                                                                                                                nays are 6.
                                               murdered in cold blood by the very po-                                        NAYS—77                              Under the previous order requiring 60
                                               lice forces meant to serve and protect                   Alexander         Duckworth            Lee              votes for the adoption of this amend-
                                               them. And they have had enough of                        Barrasso          Enzi                 Loeffler         ment, the amendment is agreed to.
                                               being told there just isn’t enough                       Bennet            Ernst                Manchin            The amendment (No. 1972) was agreed
                                               money to support the well-being of                       Blackburn         Feinstein            McConnell
                                                                                                        Blunt             Fischer              McSally          to.
                                               their communities, while they can see                    Boozman           Gardner              Menendez                           CLOTURE MOTION
                                               billions in taxpayers’ dollars going to                  Braun             Graham               Moran              The PRESIDING OFFICER. Pursuant
                                               unnecessary wars and nuclear weapons                     Brown             Grassley             Murkowski
                                                                                                        Burr              Harris               Paul             to rule XXII, the Chair lays before the
                                               programs and to benefit the President’s                  Capito            Hassan               Perdue           Senate the pending cloture motion,
                                               friends and family.                                      Carper            Hawley               Peters           which the clerk will state.
                                                 The choice today is very clear. We




SSpencer on DSK126QN23PROD with SENATE
                                                                                                        Cassidy           Heinrich             Portman
                                                                                                        Collins           Hoeven               Reed
                                                                                                                                                                  The legislative clerk read as follows:
                                               are ready to take the smallest step, a
                                                                                                        Coons             Hyde-Smith           Risch                         CLOTURE MOTION
                                               10-percent cut, to begin to address the                  Cornyn            Inhofe               Roberts            We, the undersigned Senators, in accord-
                                               gap in resources in this country. This                   Cortez Masto      Johnson              Romney           ance with the provisions of rule XXII of the
                                               is the time for us to stand up. We are                   Cotton            Jones                Rosen
                                                                                                                                                                Standing Rules of the Senate, do hereby
                                               about to have a debate on how much                       Cramer            Kaine                Rounds
                                                                                                        Crapo             Kennedy              Rubio            move to bring to a close debate on amend-
                                               money we have to help families in this                   Cruz              King                 Sasse            ment No. 2301 to Calendar No. 483, S. 4049, a
                                               country through this pandemic. We are                    Daines            Lankford             Scott (FL)       bill to authorize appropriations for fiscal




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                                               S4376                                               CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                               year 2021 for military activities of the De-               that we all now rely upon to protect                     That is why, in this year’s annual De-
                                               partment of Defense, for military construc-                ourselves against the spread of the con-               fense bill, I made it a priority to boost
                                               tion, and for defense activities of the Depart-            tagion. The situation underscores the                  support for university research in
                                               ment of Energy, to prescribe military per-
                                                                                                          conundrum our Nation faces balancing                   places like Iowa to ensure we can make
                                               sonnel strengths for such fiscal year, and for
                                               other purposes.                                            the need to work with the Chinese Gov-                 and manufacture metals and materials
                                                   Mitch McConnell, Mike Crapo, Pat Rob-                  ernment and the challenges of holding                  here at home. This will help make sure
                                                     erts, John Cornyn, John Barrasso, Cory               the Communist Party accountable for                    China doesn’t corner the world market
                                                     Gardner, Roy Blunt, Thom Tillis, Mar-                its devious deeds.                                     on key materials.
                                                     sha Blackburn, Mike Rounds, Shelley                    Plain and simple: The Chinese Com-                     Retaking our supply chain from Red
                                                     Moore Capito, Kevin Cramer, John                     munist Party attempted to cover up                     China also means removing unneces-
                                                     Thune, James M. Inhofe, Jerry Moran,                 the outbreak of COVID–19 from the                      sary redtape imposed by Washington. I
                                                     Joni Ernst, John Boozman.                            very beginning and continues to do so                  am working to waive the tax penalties
                                                 The PRESIDING OFFICER. By unan-                          today. Rather than containing the                      for manufacturing and medical supply
                                               imous consent, the mandatory quorum                        spread of the virus, the regime has fo-                companies that choose to relocate to
                                               call has been waived.                                      cused on containing knowledge of the                   America.
                                                 The question is, Is it the sense of the                  outbreak, going so far as punishing                      I have also demanded the Treasury
                                               Senate that debate on amendment No.                        Chinese scientists who dared to warn                   Department investigate how Chinese
                                               2301 offered by the Senator from Okla-                     about the virus’s imminent danger.                     companies are avoiding taxes that U.S.
                                               homa to S. 4049, a bill to authorize ap-                     As a result, we now face a worldwide                 businesses have to pay.
                                               propriations for fiscal year 2021 for                      pandemic that has claimed countless                      Iowans across the State have told me
                                               military activities of the Department                      victims and could impact every aspect                  how much they appreciate this Presi-
                                               of Defense, for military construction,                     of our lives for months, if not years, to              dent standing up for them by pushing
                                               and for defense activities of the De-                      come. China doesn’t play by the rules.                 back on the years of bad actions by the
                                               partment of Energy, to prescribe mili-                     They constantly seek to undermine the                  Communist Party. They also want to
                                               tary personnel strengths for such fiscal                   law. And if you ask an Iowa farmer,                    end our dependence on that same Com-
                                               year, and for other purposes, shall be                     they will tell you the same.                           munist regime.
                                               brought to a close?                                          For years, China has stolen intellec-                  Yes, we can and we should continue
                                                 The yeas and nays are mandatory                          tual property and reneged on their                     trading important agricultural prod-
                                               under the rule.                                            trade agreements. While we have seen                   ucts. But at the same time, we should
                                                 The clerk will call the roll.                            China still purchasing some of our corn                bring jobs back and make critical sup-
                                                 The legislative clerk called the roll.                   and soybeans, they haven’t completely                  plies ourselves so that when you look
                                                 The yeas and nays resulted—yeas 87,                      held up their end of the deal when it                  at a product’s label, it proudly reads
                                               nays 13, as follows:                                       comes to China phase one.                              ‘‘Made in the U.S.A.’’
                                                            [Rollcall Vote No. 137 Leg.]                    Folks, when China cheats on trade
                                                                                                                                                                   I yield the floor.
                                                                     YEAS—87
                                                                                                          deals, the impact is real: American jobs                 The PRESIDING OFFICER. The Sen-
                                                                                                          are lost and wealth is transferred from                ator from Ohio.
                                               Alexander          Ernst               Perdue
                                               Baldwin            Feinstein           Peters
                                                                                                          the United States to the Communist                       Mr. PORTMAN. Mr. President, I want
                                               Barrasso           Fischer             Portman             Party of China. This is unacceptable,                  to thank Senator ERNST for putting
                                               Bennet             Gardner             Reed                especially after the damage already                    this colloquy together. What she just
                                               Blackburn          Graham              Risch               caused to our economy by China’s mis-
                                               Blumenthal         Grassley            Roberts                                                                    said with regard to the importance of
                                               Blunt              Hassan              Rosen               handling of the coronavirus outbreak.
                                                                                                                                                                 having reliable sources here in Amer-
                                               Boozman            Hawley              Rounds                For decades, our leaders in Wash-
                                                                                                                                                                 ica is absolutely right.
                                               Braun              Heinrich            Rubio               ington played along, remaining quiet
                                               Brown              Hirono              Sasse                                                                        The supply chain issue is one that I
                                                                                                          as China stole American intellectual
                                               Burr               Hoeven              Schatz                                                                     hope we will address in this COVID
                                               Cantwell           Hyde-Smith          Schumer             property and scientific research, cheat-
                                                                                                                                                                 package—for starters, with regard to
                                               Capito             Inhofe              Scott (FL)          ed on trade deals, and violated basic
                                               Cardin             Johnson             Scott (SC)          human rights. Those days are over.                     our personal protective gear, the PPE,
                                               Carper             Jones               Shaheen               President Trump is standing up to                    because if we can’t rely on having
                                               Casey              Kaine               Shelby
                                                                                                          China by taking decisive actions                       masks and gowns and other PPE made
                                               Cassidy            King                Sinema
                                               Collins            Klobuchar           Smith               against the Communist regime for its                   here in America, it is tough for us, par-
                                               Coons              Lankford            Stabenow            flagrant violation of trade deals and                  ticularly during an international pan-
                                               Cornyn             Leahy               Sullivan
                                                                                                          crackdown on the autonomy and rights                   demic like this, to build and rely on
                                               Cortez Masto       Loeffler            Tester                                                                     countries like China. Also, frankly,
                                               Cotton             Manchin             Thune               of Hong Kong.
                                               Cramer             McConnell           Tillis                I have heard this from farmers in                    some of the product that comes from
                                               Crapo              McSally             Toomey              Iowa. They know that this President is                 China has not been reliable itself.
                                               Cruz               Menendez            Udall               standing up for them and pushing back                    I appreciate what you are doing there
                                               Daines             Moran               Warner                                                                     and also the work you are doing to en-
                                               Duckworth          Murkowski           Whitehouse          on China. And here in the Senate, my
                                               Durbin             Murphy              Wicker              colleagues and I are also holding China                courage us to be more resourceful here
                                               Enzi               Murray              Young               accountable.                                           at home, to be sure we are doing the
                                                                    NAYS—13                                 Right now, I am laser-focused on de-                 things we have to do to protect our-
                                               Booker             Markey              Van Hollen          creasing our dependency on China for                   selves from foreign influence, including
                                               Gillibrand         Merkley             Warren              critical supplies. The COVID–19 pan-                   China.
                                               Harris             Paul                Wyden               demic has been what I call a great                       Part of our issue with China, I think,
                                               Kennedy            Romney                                  awakening when it comes to the vul-                    is that for the last several years, a lot
                                               Lee                Sanders
                                                                                                          nerabilities in our supply chain. The                  of us point fingers at China and we are
                                                 The PRESIDING OFFICER (Mr.                               United States has become far too de-                   not pointing fingers, frankly, at our in-
                                               PERDUE). On this vote, the yeas are 87,                    pendent on Communist China for items                   ternal problems. We need to get our
                                               the nays are 13.                                           like personal protective equipment,                    house in order here in America and
                                                 Three-fifths of the Senators duly cho-                   prescription drugs, and other essential                protect ourselves better. We have legis-
                                               sen and sworn having voted in the af-                      medical supplies. We need to fix that.                 lation to do that, which we just re-
                                               firmative, the motion was agreed to.                       And that is what I am fighting to do.                  ported out of the Governmental Affairs
                                                 The Senator from Iowa.                                     During my military service, includ-                  Committee today. It has to do with




SSpencer on DSK126QN23PROD with SENATE
                                                                       CHINA                              ing as a logistics battalion commander                 this issue of China coming to the
                                                 Ms. ERNST. Mr. President, the                            in the Iowa Army National Guard, I                     United States and systemically tar-
                                               coronavirus doesn’t come with a label                      learned firsthand the importance of se-                geting promising research and prom-
                                               saying ‘‘Made in China,’’ but perhaps it                   curing the defense supply chain. We                    ising researchers, and saying: We would
                                               should. This pandemic, which began in                      cannot continue to rely on our adver-                  like to get that research.
                                               Wuhan, China, has flooded the world                        saries, like China, for critically impor-                The research is often supported by
                                               just like so many products from China                      tant national security materials.                      the U.S. taxpayer. It is sort of tough



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4377
                                               here for us in America to lose our re-                   recruited 30 or 40 people, according to                  We also help the State Department
                                               search and our innovation and our in-                    the FBI.                                               to keep these people out, and we help
                                               tellectual property to other countries.                     Again, these are all allegations. His               with regard to our universities to en-
                                               It is particularly tough when taxpayers                  arrest has been made. He actually is al-               sure that we are reporting and being
                                               pay for it, and $150 billion a year of                   leged to have taken biological samples                 transparent as to the money univer-
                                               taxpayer money goes to the National                      from Cleveland, OH, to China—this tax-                 sities are receiving from China and
                                               Institutes of Health, the National                       payer-paid     NIH   research—literally,               other countries.
                                               Science Foundation, and the Depart-                      physically taking these to China. They                   Again, I thank my colleague from
                                               ment of Energy to do basic research.                     also, by the way, provided lodging for                 Iowa for having this colloquy. I see we
                                                 That is good. We have helped to de-                    him with a three-bedroom apartment                     have two other colleagues here. I know
                                               velop important therapies and cures for                  in Wuhan. That is luxury.                              they are really well-versed and in-
                                               some kinds of cancer. We helped to de-                      This is about money. Unfortunately,                 volved in these issues, and I want to
                                               velop the internet. It has been very                     this is about people who are not patri-                hear from them, as well.
                                               helpful on manufacturing processes. A                    ots but instead are willing to sell us                   I would just say that I hope, on a bi-
                                               lot of great things have come out of                     out by selling their research, their ex-               partisan basis—by the way, our legisla-
                                               that research.                                           pertise that our taxpayers have funded                 tion is bipartisan. Our investigation
                                                 But one thing that really troubles me                  to China and other countries.                          was bipartisan. I would say this is non-
                                               is that for 20 years now, with China                        NIH, recently, by the way, fired or                 partisan. This is an American issue. We
                                               taking the lead and other countries, as                  forced the resignation of 54 research-                 should all be standing up to protect the
                                               well—Iran, North Korea, and others—                      ers—not 1 or 2 or 3, but 54 people. We                 American research enterprise and to be
                                               they have again targeted these re-                       have been pushing them hard to find                    sure that our taxpayers, when they pay
                                               searchers and this research and said:                    out who these people are and what they                 for this important research, have the
                                               We want to get that. And, frankly,                       are doing. They haven’t been willing to                benefit of it rather than its being
                                               they get it on the cheap because the re-                 reveal that yet because this is a matter               taken, in particular, by China to ben-
                                               search is being paid for by our tax dol-                 under investigation. They have told us                 efit their military and their economy,
                                               lars.                                                    that of those who are under investiga-                 which has been going on for 2 decades.
                                                 Let me give you an example of what                     tion at NIH, 90 percent have ties to                     It is time to wake up.
                                               I am talking about. Recently, in my                      China—90 percent.                                        I yield to my colleague from Arizona.
                                               home State of Ohio, there was a case                        Wake up, America. Here we are. We                     The PRESIDING OFFICER. The Sen-
                                               along these lines. I applaud the FBI                     are in a situation where other coun-                   ator from Arizona.
                                               and the Department of Justice and our                    tries, particularly China, have targeted                 Ms. MCSALLY. I thank my colleague
                                               U.S. attorneys for finally getting on                    American research, American research-                  from Ohio and others here from Florida
                                                                                                        ers, and are now taking this back to                   and Iowa for coming together to talk
                                               top of this issue. We spent a year
                                                                                                        China to benefit their military, to ben-               about this important American issue
                                               studying this issue here in the Con-
                                                                                                        efit their economy, and to benefit their               and national security issue.
                                               gress in what is called the Permanent
                                                                                                        healthcare system.                                       I served 26 years in the military. In
                                               Subcommittee        on    Investigations,                   By the way, I do not believe this is
                                               which I chair. We found out that this                                                                           my last years in service and since then,
                                                                                                        for academic purposes. It is wrong
                                               was a huge problem and wrote a report                                                                           we have seen the threat of the rise of
                                                                                                        what is happening, but it is even more
                                               late last year.                                                                                                 China. It is a threat to America’s secu-
                                                                                                        wrong because this is not as if they are
                                                 In the report, we implored our Fed-                                                                           rity, our jobs, and our role as a leader
                                                                                                        taking it back to do joint research on
                                               eral law enforcement agencies to get                                                                            in the world. They are on a deliberate
                                                                                                        an academic basis.
                                               on this issue. In fact, we had a hearing                    Let me tell you what the State De-                  path to try to dominate the world and
                                               where an FBI agent testified and said                    partment told us at our hearing on this                shape it into their vision. They need to
                                               that it is true. We haven’t been focused                 topic at the end of last year. They said:              be stopped.
                                               on this, and we have to make that up                     ‘‘The Chinese Communist Party has de-                    When I was a cadet at the Air Force
                                               now.                                                     clared the Chinese university system                   Academy, we had an honor code that
                                                 They are making up for it. They are                    to be on the front line of military-civil-             said: ‘‘I will not lie, cheat, or steal, or
                                               arresting a number of people. They are                   ian fusion efforts for technology acqui-               tolerate among us anyone who does.’’
                                               doing the things that should be done to                  sition.’’                                              China has been lying, cheating, and
                                               try to stop some of this stealing, real-                    This is our own State Department.                   stealing for far too long. Americans are
                                               ly, of our seed corn, our technology,                    That means there is a clear link be-                   now waking up to this threat and are
                                               our innovation, our intellectual prop-                   tween the research that is being taken                 resolved to change the trajectory and
                                               erty.                                                    in America and the latest advancement                  hold China accountable, but this can’t
                                                 Here is the Ohio example. Recently,                    in China’s military and its economy.                   be done by us alone. Our European
                                               the FBI announced that it had arrested                      It has been happening for 20 years. It              partners and others in the Pacific and
                                               a researcher connected with the world-                   is time to put an end to it. The legisla-              elsewhere need to join with us and also
                                               renowned Cleveland Clinic and Case                       tion that we were able to get through                  wake up to China’s dangerous path and
                                               Western Reserve University. This indi-                   committee today takes a really impor-                  work with us to stop them.
                                               vidual had received a huge grant from                    tant step in that direction. There are                   We      have     been    calling     this
                                               the National Institutes of Health, or                    four or five elements of it.                           geostrategic shift a return to ‘‘Great
                                               NIH. That grant was for about $3.6 mil-                     One of the most important to me is                  Power Competition,’’ as if to assume
                                               lion. But then this same individual—of                   giving the FBI and law enforcement                     that we are all playing by the same
                                               course, not telling NIH or telling                       the tools they need to go after these in-              rules. We aren’t. China is playing by
                                               Cleveland Clinic or Case Western or                      dividuals by creating a new criminal                   their own rules and cheating the sys-
                                               anybody else—had accepted money                          law that says if you lie on these forms,               tem for their own gain and power. The
                                               from China.                                              if you are taking money from China, it                 Chinese Communist Party is a reck-
                                                 In the contracts that we were able to                  is certainly a conflict of commitment                  less, predatory adversary that is dedi-
                                               research during our investigation,                       and a conflict of interest. You can be                 cated to subverting U.S. interests and
                                               these contracts with China say you are                   taken to task for that and held ac-                    supplanting our Nation as the world’s
                                               not allowed to reveal that you have                      countable. Right now you can’t.                        dominant leader.
                                               this relationship with China, that you                      They are arresting these people on                    Over the past 10 years, China has in-




SSpencer on DSK126QN23PROD with SENATE
                                               are getting the money from China.                        things like mail fraud, tax evasion. It                creased their military spending by 85
                                               They not only gave this guy money—$3                     is a little like how they used to go                   percent. Their investment in defense
                                               million—but they gave him a deanship                     after gangsters before there were laws                 has been used to build their navy, ex-
                                               at Wuhan University. They gave him                       directly related to racketeering and so                pand their missile stockpile, and
                                               money to hire people in Wuhan. They                      on. This is something where we need to                 emerge as a leader in technologies like
                                               gave him the ability to travel around                    be sure that we are giving people the                  hypersonics, cyber warfare, and artifi-
                                               America recruiting others. We think he                   tools that they need.                                  cial intelligence.



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                                               S4378                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                                  This buildup has been far from defen-                 onstrate that the greatest country in                  aggressive in protecting American re-
                                               sive alone. From their illegal maritime                  the world will not be taken for a fool.                search and American innovation, in-
                                               claims among several sovereign states,                   Our Republic and our freedoms that it                  cluding potentially lifesaving research
                                               then building artificial islands where                   stands for will allow our country to                   into a coronavirus vaccine. We should
                                               they didn’t exist before to militarize                   prevail over China’s Communist and                     do everything we can to stop buying
                                               them in the South China Sea with                         rogue agenda. With American will,                      products ‘‘Made in China’’ because,
                                               their maneuvers and exercises that are                   American innovation, and the Amer-                     every time we do, we are putting an-
                                               aggressive and belligerent, to their                     ican spirit, we will prevail.                          other dollar into the pockets of those
                                               covert attempts to infiltrate the                          I appreciate my colleague from Flor-                 stealing our technology, denying their
                                               United States through our universities                   ida joining as well.                                   people basic human rights, and prop-
                                               and stealing our technology, Chinese                       I yield the floor.                                   ping up dangerous dictators like
                                               forces are expanding their tentacles far                   The PRESIDING OFFICER. The Sen-                      Maduro in Venezuela.
                                               beyond our borders, to the detriment of                  ator from Florida.                                       We have to hold Communist China
                                                                                                          Mr. SCOTT of Florida. I want to rec-
                                               American national security interests.                                                                           accountable and financially liable for
                                                  Congress must do our part to respond                  ognize my colleagues from Arizona,
                                                                                                                                                               its lies that led to the coronavirus. It
                                               to this threat. For these reasons, I in-                 Ohio, Texas, and Iowa for their com-
                                                                                                        mitment to holding Communist China                     is responsible for the devastation. We
                                               troduced several pieces of legislation                                                                          have to stand up and say that it is
                                               that immediately stopped China from                      accountable and supporting Americans.
                                                                                                          I rise today to discuss the threat of                wrong to allow Beijing to host the 2022
                                               taking advantage of government funds                                                                            Olympics. That is wrong. The world
                                                                                                        Communist China—a threat that poses
                                               and taxpayer dollars to purchase prod-                                                                          community cannot condone or reward
                                                                                                        a huge risk to the national security of
                                               ucts and services from Chinese compa-                    the United States, our allies, and the                 its despicable behavior and human
                                               nies with ties to Chinese military.                      stability of world markets.                            rights violations.
                                                  To end our reliance on China’s con-                     Communist China is simply stealing                     It is important to be clear-eyed. We
                                               trol and manufacturing of PPE, I intro-                  American jobs and technology and spy-                  have to see Communist China for what
                                               duced legislation to authorize the                       ing on our citizens.                                   it is. We all must do our part to sup-
                                               President to incentivize American                          General Secretary of the Communist                   port our Nation and make it clear to
                                               companies to produce medical devices,                    Party Xi is a dictator and a human                     Communist China that the people of
                                               equipment, and drugs.                                    rights violator who is denying basic                   the United States will not stand for its
                                                  We saw at the onset of the                            rights to the people of Hong Kong,                     behavior.
                                               coronavirus that it was clear that out-                  cracking down on dissidents, threat-                     I will not stop fighting until our fu-
                                               sourcing the production of PPE to an                     ening Taiwan, and militarizing the                     ture and the futures of all of our chil-
                                               adversary was wrong and risky. I wit-                    South China Sea.                                       dren and our grandchildren are secure
                                               nessed firsthand the ingenuity of Ari-                     Uighur prisoners in Communist                        from this threat.
                                               zona companies that stepped up to help                   China are being rounded up, blind-                       I yield to my colleague from Texas.
                                               fill the gap. That is no excuse for ig-                  folded, shaved, and loaded onto trains                   The PRESIDING OFFICER. The Sen-
                                               noring the fact that we have to bring                    to be taken to concentration camps                     ator from Texas.
                                               manufacturing home of vital medical                      simply because of their religion. You
                                               equipment and PPE so that, once                                                                                   Mr. CRUZ. Mr. President, I rise to
                                                                                                        can’t believe this is happening today in               join my colleagues in discussing the
                                               again, it is made in America.                            this world.
                                                  Finally, the coronavirus outbreak                                                                            single greatest geopolitical threat fac-
                                                                                                          Communist China’s deceptions sur-
                                               has taken a catastrophic toll on our                                                                            ing the United States for the next cen-
                                                                                                        rounding the coronavirus pandemic
                                               country and the world. Make no mis-                      should be the last straw for every                     tury, and that is the rise of Communist
                                               take. The virus began in China and                       American. It doesn’t matter to Com-                    China.
                                               spread globally because the Chinese                      munist China that their lies and misin-                  We are, right now, months into a
                                               Government lied about what they knew                     formation killed hundreds of thousands                 deadly global pandemic that has
                                               about it, and they destroyed evidence                    of people around the world. Communist                  sickened over 14 million people world-
                                               and silenced doctors and whistle-                        China is on a mission to be the domi-                  wide and has taken the lives of over
                                               blowers.                                                 nant world power. Chairman Xi will                     600,000 people. Why are we in the midst
                                                  Like the rest of the Nation, Arizona                  stop at nothing to grow Communist                      of a global pandemic? It is because the
                                               has suffered devastating consequences                    China’s influence. For Communist                       Chinese Communist Party deliberately
                                               due to this pandemic. Already, we have                   China and Chairman Xi, this great                      lied to the world. It covered up the out-
                                               lost over 2,900 Arizonans, plus the eco-                 power conflict is a zero-sum game. In                  break and allowed it to spread. The
                                               nomic toll.                                              order for China to be stronger, America                coronavirus pandemic has thrown into
                                                  Communist China unleashed this                        and    all   freedom-loving    countries               high relief the fact that China is our
                                               virus on the world, and it should face                   around the world must be weaker. We                    most dangerous threat.
                                               severe repercussions for their coverups                  can’t allow that to happen. It is time                   For 8 years in the U.S. Senate, I have
                                               and lies about the origins and spread.                   we finally stand up and address the                    worked hard to lead the fight to ad-
                                               China’s actions cost lives and dev-                      new Cold War occurring between the                     dress the threat of Chinese Communist
                                               astated the world economy, and it                        United States and the Chinese Com-                     power and aggression and hostility
                                               must be held accountable.                                munist Party.                                          head-on, to make the U.S. economy as
                                                  I moved to do just that this week by                    For too long, Washington politicians                 free and independent from China as
                                               introducing the Civil Justice for Vic-                   have been more concerned with short-                   possible, and to thwart the never-end-
                                               tims of COVID Act. Americans who                         term political success than with the                   ing propaganda and censorship cam-
                                               have been victimized by the lies and                     long-term threats to our way of life—                  paign from the Chinese Communists.
                                               deceit of the Communist Party—to in-                     but not anymore. It is time for action.                  Last week, the Chinese Communist
                                               clude those who lost loved ones, suf-                    We can no longer rely on countries like                Government made the decision to sanc-
                                               fered business losses, or personally                     Communist China for our critical sup-                  tion me personally, so I am now—I
                                               harmed—deserve the opportunity to                        ply chain. We need to build up the na-                 awoke to discover—prohibited from
                                               hold China accountable and demand                        tional stockpile of PPE and our phar-                  traveling to Communist China. Some-
                                               just compensation.                                       maceutical industry with supplies from                 how, I think I will overcome that great
                                                  I appreciate many of my colleagues                                                                           burden, and I will tell you I wear Chi-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                        American-based producers. We can no
                                               joining with me on this legislation. It                  longer accept Chinese technology that                  na’s sanction as a badge of honor.
                                               is due time that we hold China ac-                       could be used to spy on us, and we are                 There is a reason they are lashing out.
                                               countable for their malevolent behav-                    working to prohibit the Federal Gov-                   There is a reason it has decided to di-
                                               ior—not just over the past several                       ernment from purchasing drones from                    rect personal sanctions on me—because
                                               months but over several decades.                         our adversaries.                                       they are scared; they are terrified. The
                                                  The United States must take imme-                       We can no longer allow Communist                     Chinese Communists are murdering,
                                               diate action and, with strength, dem-                    China to steal from us. We have to be                  lying, torturing tyrants.



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4379
                                                 For a long time in Washington, there                     I have introduced legislation in this                people. I am proud to say the Trump
                                               were politicians in both parties—Demo-                   body called the SCRIPT Act that will                   administration took major portions of
                                               crats and Republicans—who were                           impose consequences when American                      that legislation I introduced and im-
                                               apologists for China, who denied the                     companies allow the Chinese Govern-                    plemented them to increase the pres-
                                               threat was there, who insisted that the                  ment to censor our films. The con-                     sure to stop facilitating Chinese tor-
                                               path forward was getting more and                        sequences are simple. We don’t have                    ture and oppression.
                                               more and more in bed with the Chinese                    the power as the government to impose                    The overwhelming challenge for this
                                               Communists. The most significant                         direct negative consequences, but what                 body and for this country for the next
                                               long-term foreign policy consequence                     we do have the power to do is to use                   century going forward is how we will
                                               of this global pandemic is that people’s                 the incentives we have; namely, lots of                stand up to the threat of China. China
                                               eyes are opening up on both sides of                     movies borrow Federal assets. When                     is waging a 1,000-year war. For the sake
                                               the aisle here in Washington and across                  you go watch a movie and see a plane                   not only of Americans but for the sake
                                               the world. One need look no further                      or a ship or a tank or when you go                     of the free world, America needs to win
                                               than the United Kingdom’s reversing                      watch a movie on the border and you                    this contest.
                                               its decision to allow Huawei to build                    see DHS assets, all sorts of Federal                     I yield the floor.
                                               its telecom infrastructure in order to                   agencies allow movies to use equip-                      The PRESIDING OFFICER. The Sen-
                                               understand how China’s mendacity has                     ment that is the property of the Fed-                  ator from Tennessee.
                                               been revealed to the world.                              eral Government. The SCRIPT Act is                       Mrs. BLACKBURN. Mr. President, I
                                                 So how do we hold China account-                       very simple. It says, if you are going to              was thinking a bit earlier today about
                                               able? How do we deal with the Chinese                    allow the Chinese Communists to cen-                   what we were doing at this time last
                                               Communist Party?                                         sor your movie, the Federal Govern-                    year. We were busy hosting Tennessee
                                                 First of all, we should sanction Chi-                  ment is not going to loan you our                      Tuesdays and welcoming Tennesseans
                                               nese officials involved in the ongoing                   equipment and materiel. We are not                     and families and children with such cu-
                                               suppression of medical experts, of jour-                 going to facilitate making a movie if                  riosity and bright eyes and lots of
                                               nalists, and of political dissidents, all                you are going to give the Chinese Com-                 questions about our Nation’s govern-
                                               of whom have been ‘‘disappeared’’ by                     munists the editing and censoring pen.                 ment, about these beautiful buildings
                                               the Chinese tyrants. I have introduced                     Not only do the Chinese Communists
                                                                                                                                                               in which we work every day, and about
                                               legislation to do just that. Over the                    engage in propaganda in Hollywood,
                                                                                                                                                               the job that we have in representing
                                               past several years, I have introduced,                   but they also engage in espionage and
                                                                                                                                                               them. I like that curiosity, and I like
                                               roughly, a dozen separate pieces of leg-                 propaganda on our university cam-
                                                                                                                                                               that energy that, generally, is brought
                                               islation that have all focused on dif-                   puses—a very deliberate, systematic ef-
                                                                                                                                                               to our Chambers and to our work dur-
                                               ferent aspects of addressing the China                   fort to steal and deceive. In the Na-
                                                                                                                                                               ing the summertime. This year, things
                                               threat.                                                  tional Defense Authorization Act for
                                                 Another aspect is Chinese propa-                                                                              really are a little bit different. I think
                                                                                                        Fiscal Year 2019, I was proud to secure
                                               ganda—Chinese propaganda that is re-                                                                            it is a very worthwhile exercise—and I
                                                                                                        a funding prohibition for the Depart-
                                               flected here in the United States. Big                                                                          appreciate that my colleagues are par-
                                                                                                        ment of Defense from funding univer-
                                               Business,    giant    corporations,   the                                                                       ticipating in this exercise—to remind
                                                                                                        sities where the money could go to a
                                               media, Hollywood all are terrified to                                                                           ourselves why this year is different.
                                                                                                        Confucius Institute. As a result of that
                                               take on Communist China. All see the                                                                              The answer, of course, as to why is
                                                                                                        bipartisan legislation, which earned
                                               billions they can earn from access to                                                                           this year different is the Chinese Com-
                                                                                                        support from Republicans and Demo-
                                               the Chinese markets as being more im-                                                                           munist Party. It is the one that is to be
                                                                                                        crats, 17 Confucius Institutes have been
                                               portant than free speech.                                                                                       held responsible, to be blamed for the
                                                                                                        shut down.
                                                 With respect to Hollywood, sadly, too                    When it comes to our supply chain,                   sickness, the chaos, for this crisis that
                                               many movie producers here in the                         we have seen, in recent months, the in-                we have had, which is a health, food,
                                               United States have been perfectly con-                   credible foolishness of allowing the                   and financial crisis all rolled into one.
                                               tent to allow the Chinese Communists                     American supply chain to be dependent                  It has happened because of decisions
                                               to censor American movies. For exam-                     on China—medical equipment, pharma-                    that China made, decisions that were
                                               ple, later this year, the sequel to ‘‘Top                ceuticals, PPE. In the midst of this                   made by the Chinese Communist Par-
                                               Gun’’ is scheduled to come out—‘‘Top                     pandemic, one Chinese Government                       ty’s leadership.
                                               Gun,’’ one of the greatest military re-                  state-controlled newspaper explicitly                    There are some things that are the
                                               cruiting films ever made. In the sequel,                 threatened to cut off lifesaving phar-                 known knowns, if you will. They are
                                               on the back of Maverick’s bomber jack-                   maceuticals to the United States of                    the things that we know happened as
                                               et, the flag of Taiwan has been re-                      America as a tool of economic warfare.                 you look back over what has happened
                                               moved and the flag of Japan, both of                     If it were to do that, that wouldn’t just              with COVID–19.
                                               which the Chinese overlords deemed to                    be economic warfare—that would be ac-                    What we know is this: On December
                                               be offensive, and our heroic First                       tual warfare. That is literally threat-                31, 2019, government officials in Wuhan,
                                               Amendment champions in Hollywood                         ening the lives of millions of Ameri-                  China, confirmed they were monitoring
                                               dutifully complied with censorship.                      cans.                                                  the spread of a disease that looked a
                                                 By the way, it needn’t just concern                      We need to break our supply chain                    lot like pneumonia. They didn’t know
                                               geopolitical affairs in Asia. With an-                   dependence on China, especially con-                   exactly what it was. It didn’t have all
                                               other Hollywood movie, ‘‘Bohemian                        cerning critical infrastructure, and I                 the markers, but a lot. But on New
                                               Rhapsody’’—a      fabulous    biopic   of                have introduced hosts of legislation de-               Year’s Eve, they let us know: Hey, we
                                               Freddie Mercury, the lead singer for                     signed to do so with respect to pharma-                have a problem out here. Just days
                                               Queen—the Chinese censors decided it                     ceuticals, with respect to critical min-               later, they confirmed it was caused by
                                               offended their sensibilities to have                     erals. We have to keep the American                    a novel virus that had infected dozens
                                               scenes in the movie that revealed that                   people’s lives and safety not dependent                of people. We now know it was hun-
                                               Freddie Mercury was homosexual. Now,                     upon the whims of Communist China.                     dreds of people.
                                               I ask you to pause for a second and ask:                   In my final point right now, in China                  It wasn’t until January 23, however,
                                               How on Earth do you tell Freddie                         today, there are, roughly, 1 million                   that authorities shut off Wuhan from
                                               Mercury’s life story without including                   Uighurs in concentration camps—an                      the rest of the country. By this time,
                                               the fact that he was gay? It was inte-                   Orwellian-style, dystopian government,                 the virus was spreading like wildfire.




SSpencer on DSK126QN23PROD with SENATE
                                               gral to who he was. Yet those in Holly-                  where the government has all power to                  Let’s pay close attention to what I just
                                               wood, which on so many other issues                      monitor what you say, to monitor                       said. They shut off Hubei Province,
                                               are glad to be woke social justice war-                  whom you talk to, to monitor your be-                  they shut off Wuhan not from the rest
                                               riors, dutifully complied when the Chi-                  liefs. I introduced legislation to impose              of the world, not from other countries,
                                               nese censors said to take it out, and                    sanctions on any American technology                   but from the rest of China. Don’t you
                                               they deleted the scenes from ‘‘Bohe-                     companies that facilitate the moni-                    dare go anywhere else in our country.
                                               mian Rhapsody.’’                                         toring and oppression of the Chinese                   This is contagious.



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                                               S4380                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                                 Now, as if that 23-day gap wasn’t bad                  nity. How much further are we willing                  ply chains are at risk. Our pharma-
                                               enough, credible watchdog reports re-                    to let this go? I will tell you this: As I,            ceutical supply chains are at risk, and
                                               vealed that the CCP—Chinese Com-                         every single day, talk to Tennesseans                  our PPE supply chains are at risk.
                                               munist Party—lied—they lied to global                    about China and what has happened                        What many people don’t know is that
                                               health officials about the danger posed                  with China and how China has not been                  our rare earth minerals and critical
                                               by the virus for not just a day or two                   an honest broker, not only in this but                 minerals supply chain is at risk. Lots
                                               while they figured it out but for 51 days                for decades, Tennesseans have had                      of folks really like the solar panels and
                                               before they sounded the alarm and                        enough.                                                electric car batteries. Well, great—ex-
                                               said: Listen up. Pandemic. Pandemic.                       I yield the floor.                                   cept we are completely dependent on
                                               Fifty-one days. This deception allowed                     The PRESIDING OFFICER. The Sen-                      China for the rare earth minerals that
                                               a regional outbreak to spread into a                     ator from Oklahoma.                                    are in those.
                                               global pandemic that has so far killed                     Mr. LANKFORD. Mr. President, the                       If we don’t develop our own sourcing
                                               more than 140,000 Americans.                             world is watching and dealing with                     for those rare earth minerals—and we
                                                 It would be easy to chalk all of this                  COVID–19—the economic effects and                      do have those same rare earth minerals
                                               up to incompetence and overwhelmed                       health effects. It has affected every                  here—if we don’t develop our own sup-
                                               bureaucrats, but every Member of this                    single one of our families in some way.                ply chain, if we don’t develop our own
                                               body knows that is not what happened.                      While the world is watching and we                   manufacturing for pharmaceuticals
                                               That is why, over the past few weeks,                    are dealing with all those issues here in              and for the precursors of pharma-
                                               more and more of my colleagues here                      the United States, we can’t lose track                 ceuticals, we will continue to be vul-
                                               in the Senate have agreed to support                     of what is happening on the world                      nerable to the Chinese Government,
                                               legislation that will allow Americans                    stage because China is using this mo-                  and at the moment the Communist
                                               to hold China accountable for the de-                    ment when the world is distracted to                   government determines, they will take
                                               struction caused by the pandemic.                        push its way into Hong Kong and to                     over that supply, and we will be at
                                                 On Monday, Senator MCSALLY intro-                      break its word.                                        risk.
                                               duced the Civil Justice for Victims of                     When we deal with China, we know                       For decades, the Confucius Institutes
                                               COVID Act—a bill that I am very                          what they have done, the predatory                     have thrived on college campuses,
                                               pleased to support and to be a cospon-                   tactics they have taken either on their                spreading a Communist philosophy all
                                               sor. This bill contains elements of my                   own people or on countries around the                  through our college campuses. It is
                                               Stop COVID Act, which I introduced                       world.                                                 now at a moment that college cam-
                                               earlier this year. It would strip Chinese                  The United States of America—when                    puses and leadership in colleges are
                                               officials of their sovereign immunity                    we do foreign aid, we go help other                    starting to wake up to say: Why are we
                                               for reckless actions that caused the                     countries gain more freedom, more se-                  allowing Communist indoctrination on
                                               pandemic and would give our Federal                      curity, more stability, and more eco-                  our campuses?
                                               courts the authority to hear claims                      nomic growth. We don’t ask anything                      It is a bill that I have pushed, that I
                                               that China has caused or contributed                     in return. We engage with them to help                 will continue to push to be able to
                                               to the COVID–19 pandemic. This is not                    them.                                                  wake up our universities, to say: Why
                                               an unusual step. We did this after 9/11                    China is working with developing                     are we allowing this on our campus?
                                               for the 9/11 families. What we would do                  countries around the world by moving                     It is an issue that I have pushed for
                                               is give them the opportunity to go to                    into different countries and taking col-               years, dealing with Chinese Com-
                                               court and make their case—hold China                     lateral of their ports, of their airports,             munists spying on American tech-
                                               accountable.                                             and establishing military bases around                 nology, stealing technology, and also
                                                 It is time for this body to reject the                 the world when poorer countries de-                    stealing our science and inventions.
                                               artificial backstops that some of my                     fault on the loans they give them.                       They come over with a grant from
                                               colleagues on the other side of the aisle                They are not helping other countries;                  the United States and say they are
                                               use to protect China from criticism,                     they are taking over other countries.                  going to send over researchers, when
                                               and I encourage those colleagues to ask                    They are stepping into country after                 really what they are doing is har-
                                               themselves: What are you afraid will                     country and offering them great new                    vesting the research and taking it back
                                               happen if we hold China accountable                      technology from Huawei to help their                   to China.
                                               for what they have done? What do you                     cell phone systems. They are estab-                      They take materials, whether it be
                                               fear?                                                    lishing security systems around their                  music or movies or any items of pro-
                                                 We have known for years that Beijing                   banks. But what they are really doing                  duction, and all that manufacturing
                                               uses every tool in its toolbox to spy on                 is monitoring their people and gath-                   that comes to China, they then take
                                               us. Look at what we have learned                         ering data on people all around the                    that same technology, move it to a dif-
                                               about Huawei. They embed the chips in                    world. The security systems aren’t                     ferent factory, and literally compete
                                               the hardware. You do not know they                       there to set up and prop up dictator-                  against the first company, because to
                                               are there until they activate. We know                   ships in poor countries; they are there                do business in China, you have to turn
                                               they steal our intellectual property.                    for the dictatorship of China to track                 over all your intellectual property to
                                               Look at what they have done to the                       what is going on there and any inter-                  the Communist government, which
                                               music industry, to the entertainment                     national development.                                  then takes it and uses it on their own.
                                               industry, to publishers, and to auto-                      We should be aware of what China is                    The Chinese Communist Government
                                               motive engineers. China—they can’t in-                   doing, and we should not ignore this                   is not the ally of freedom for the world,
                                               novate their way to success, so what do                  moment for the free people of Hong                     and we should be aware of that. Cer-
                                               they do? They steal their way to suc-                    Kong.                                                  tainly the people of Hong Kong are
                                               cess, and then they lie about it.                          Today, many Americans are aware of                   aware of that.
                                                 China continues to cause chaos on                      how China has handled the issue of pro-                  In 1997, after 150 years as a British
                                               the international stage. Look at their                   tective equipment. The medical equip-                  territory, Hong Kong became a part of
                                               work pushing into the South China                        ment that we desperately needed in                     China under the Joint Declaration. It
                                               Sea. Look at what they have done to                      March, April, May—much of it manu-                     was one country, two systems—that
                                               the freedom fighters in Hong Kong.                       factured in China—we could not get be-                 Hong Kong for 50 years would remain
                                               Look at how they act and how they                        cause the Communist Government of                      autonomous and free.
                                               pressure and try to stifle Taiwan. This                  China kept the materials from Amer-                      Well, just over two decades later, the




SSpencer on DSK126QN23PROD with SENATE
                                               is standard operating procedure for the                  ican companies that were manufac-                      Chinese Government has broken its
                                               Chinese Communist Party.                                 turing in China. The Chinese Com-                      promise, and Hong Kong is no longer
                                                 Now, because they chose to lie and                     munist Government wouldn’t allow the                   free. While the world is consumed with
                                               not come forward, we have more than                      exportation of that, and they just took                what is happening with COVID–19, the
                                               140,000 Americans who are dead. Mil-                     that equipment over, putting all of the                Communist government has moved
                                               lions more have lost their jobs, and                     schedules behind. Suddenly, Americans                  into Hong Kong and has taken it over.
                                               they have lost their sense of commu-                     woke up and understood that our sup-                   They passed a law in Beijing that they



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4381
                                               sent over and declared in Hong Kong                      that the American Government should                    break in China, and she is right that
                                               that they can’t have any of what they                    be engaged in trying to break through                  China     was     nontransparent      and
                                               call subversion, organization or perpet-                 what is called the great firewall in                   unhelpful in those early days. But do
                                               uation of what they call terroristic ac-                 China. We know they will extend this                   you know who the greatest cheerleader
                                               tivities, collusion with a foreign coun-                 firewall into Hong Kong, as well, and                  for China was in the first 2 to 3 months
                                               try or an external element, which I will                 will prevent the people from Hong                      of COVID–19’s outbreak there? Presi-
                                               explain later.                                           Kong from access to social media, in-                  dent Donald Trump. On 45 occasions he
                                                 This new security law literally was                    formation with each other, or informa-                 went on social media or gave state-
                                               delivered to the people of Hong Kong at                  tion from the outside world, just as                   ments to the press in which he lauded
                                               midnight, and it went into place imme-                   they have with the people of China.                    China’s response. He talked about how
                                               diately. Then the next step was that                     But the people of Hong Kong have                       transparent they were and how they
                                               the Chinese Communist police—mili-                       grown up and lived in freedom, and                     were doing a great job. The world com-
                                               tary law enforcement—moved into                          they know what it means to get out-                    munity couldn’t put pressure on China
                                               Hong Kong to begin to implement this.                    side information, and the Chinese Gov-                 to open up with respect to what they
                                                 Free speech immediately stopped.                       ernment is actively working to shut                    knew about the virus in large part be-
                                               Those protesters who were out on the                     that down. We should actively work to                  cause the leader of the Nation’s most
                                               street just wishing to be able to vote                   push back on that to make sure the                     powerful country was doing the bidding
                                               and to speak their mind were imme-                       free people of Hong Kong continue to                   of the Chinese Government.
                                               diately rounded up.                                      communicate with each other and with                     The second thing that this President
                                                 Teachers and academics have been                       the outside world. We can stay engaged                 has done that makes China very, very
                                               arrested or fired or threatened. Com-                    with that basic function of human                      pleased is to essentially make the ar-
                                               munist Chinese leaders have contacted                    rights. That is why Senator KAINE and                  gument for the Chinese that the auto-
                                               them to reprimand them about teach-                      I are so passionate about this.                        cratic model that they are perfecting is
                                               ing about human rights in their class-                     We should engage as a government to                  the best method by which to organize
                                               rooms, remembering that in Hong                          make sure that they can continue to                    society around the world, because they
                                               Kong it was required—it was a required                   have the free speech that we have.                     say: Listen, we got this virus under
                                               class in Hong Kong just weeks ago—to                     When anyone loses their human rights                   control in a matter of months, and the
                                               learn about human rights and freedom,                    and dignities, the world loses human                   world’s greatest democracy is still
                                               and now the Chinese Government is re-                    rights and dignities.                                  dealing with an epidemic that looks to
                                               moving those teachers and threatening                      Again, I am aware that there are                     be raging newly out of control. So as
                                               any other teacher who teaches about                      many things that need to happen with                   we engage in this broad fight between
                                               human rights that they will be re-                       COVID–19 right now, and we are ac-                     models of governance, our inability—
                                               moved.                                                   tively working on those things as well,                this administration’s inability—to get
                                                 Faith leaders have been squashed.                      and we should. But we should not lose                  this virus under control is maybe the
                                               You see, under this security law that                    track of freedom. Freedom is our re-                   greatest gift that this President has
                                               has passed, you can’t have any external                  sponsibility to model and to live and to               given to China.
                                               element collusion. They define ‘‘exter-                  help other free people to guard. Let’s                   Here is what makes it so unconscion-
                                               nal element’’ as any kind of worship of                  stand with the people of Hong Kong.                    able: We know that democracy is inef-
                                                                                                          I yield the floor.                                   ficient. We know that capital markets
                                               God as well that does not align with                       The PRESIDING OFFICER. The Sen-
                                               the Communist Government. So any                                                                                can sometimes be inefficient when
                                                                                                        ator from Connecticut.                                 pressed up against the wall by emer-
                                               faith-based group who is there in Hong                         UNANIMOUS CONSENT REQUEST—S. 3627                gencies. So we built into the statutes
                                               Kong is immediately being squashed.
                                                                                                          Mr. MURPHY. Mr. President, I am                      of the United States emergency powers
                                                 The Muslim Uighurs are gathered up
                                                                                                        glad to have the opportunity to talk                   to give to this President—to any Presi-
                                               in Communist China and put in con-
                                                                                                        for a bit on the floor of the U.S. Senate              dent—so that when they are faced with
                                               centration camps to reeducate them on
                                                                                                        on U.S. policy toward China because                    an emergency, they can cure some of
                                               how to be more Chinese. Now the peo-
                                                                                                        there has been no better friend for Chi-               the inefficiencies of democracy.
                                               ple of Hong Kong are experiencing that
                                                                                                        nese interests likely in our lifetime                    We are on the floor today—Senators
                                               same type of oppression as the first
                                                                                                        than President Donald J. Trump.                        BALDWIN, STABENOW, BROWN, and I—to
                                               step has stepped in to take away their                     Articles suggest that when you sur-                  talk about one particular power this
                                               right to free speech, their right to                     vey Chinese Communist Party leaders,                   President has. It is an act called the
                                               gather and protest, and now also their                   they are, to a person, rooting for the                 Defense Production Act, and it allows
                                               right to have freedom of faith. Leaders                  reelection of this President. I don’t                  the President during moments of emer-
                                               of the democracy movement have al-                       need to go through the litany of ways                  gency to commandeer parts of the
                                               ready been rounded up and arrested.                      in which China has become more influ-                  manufacturing supply chain in this
                                               This is something that we should not                     ential and more powerful all around                    country to make sure we are making
                                               ignore. We have said as a world ‘‘Never                  the world because of this administra-                  everything we need in order to repel a
                                               again,’’ and we should engage.                           tion’s policies, but at the top of that                foreign invader. Sometimes that may
                                                 I know many people in my State say                     list is the abdication of the United                   be an army, but in this case it is a
                                               we should focus on COVID–19, and we                      States’ traditional leadership role on                 pathogen.
                                               should. There is much that needs to be                   human rights, which has allowed the                      What we have known from the very
                                               done. We cannot take our eyes off of                     Communist Party to march on the                        beginning is that there was no way for
                                               freedom around the world, as well, and                   Uighurs and others. It is a failed trade               this country to have enough personal
                                               the people of Hong Kong. As they lose                    policy that has allowed China to ex-                   protective    equipment—masks,       face
                                               their freedom, the world loses freedom,                  tend its influence into places like Afri-              shields, gowns, and gloves—and there
                                               and China sees it can move into one                      ca and throughout the Silk Road. It is                 was no way for this country to be able
                                               more place one more time. Taiwan is                      America’s break with Europe that has                   to have enough tests to know who has
                                               next, and they will continue to move in                  shattered our ability to negotiate to-                 it so that we can track it and get rid of
                                               this same way. We should stay en-                        gether the future rules of the economic                it without the Federal Government
                                               gaged.                                                   order.                                                 stepping up and utilizing the Defense
                                                 There are multiple bills this body has                   But what China is really ecstatic                    Production Act.
                                               already done on sanctions, and we




SSpencer on DSK126QN23PROD with SENATE
                                                                                                        about is this President’s performance                    Twenty percent of nursing homes
                                               should continue. We should continue to                   since March in the wake of a virus that                today have less than a week’s supply of
                                               press in and speak out for those who                     now shows the United States as having                  PPE.
                                               cannot speak for themselves in Hong                      25 percent of the world’s COVID cases                    Doctors at one hospital in Houston,
                                               Kong. They are being isolated. Senator                   while having only 4 percent of the                     where the outbreak is raging out of
                                               TIM KAINE and I just dropped a bill yes-                 world’s population.                                    control, are being told to wear their
                                               terday dealing with internet freedom                       My friend Senator BLACKBURN recited                  N95 masks for 15 days in a row when it
                                               for the people of Hong Kong, saying                      the early moments of this virus out-                   is recommended for a single use.



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                                               S4382                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                                 The national strategic stockpile once                  this President is all of a sudden impo-                dad. Back home, the people of our
                                               had 82 million gloves. Today they have                   tent. It falls to us, Members of the U.S.              State were hard at work producing the
                                               less than 1 million.                                     Congress, to stand up and pass legisla-                bombers, the tanks, the trucks, the
                                                 Guess what. It is going to get worse.                  tion, the Medical Supply Transparency                  helmets, and the guns needed to win
                                               More people need to be tested. Schools                   and Delivery Act, to make sure—to                      the war. In fact, Michigan was called at
                                               are about to reopen. The super-                          make sure—that we are using the ex-                    that time ‘‘the arsenal of democracy.’’
                                               intendent of the 100,000-student Jeffer-                 tent of the statutes provided to this                  We make things, and during World War
                                               son County school district in Louis-                     government and this President to                       II, we were making the things that
                                               ville, KY, says that he needs $10 mil-                   make sure that people are safe and                     were needed to win the war—the arse-
                                               lion to order face masks alone. It is                    make sure people are tested in the mid-                nal of democracy. Both at home and
                                               going to cost schools across this coun-                  dle of an ongoing epidemic.                            abroad, victory in many ways depended
                                               try $25 billion to purchase medical sup-                   I am glad to be joined on the floor                  on the people of my State.
                                               plies, and these medical supplies are                    today by a number of my colleagues to                     For the past 6 months, our Nation
                                               going up in price because the supply is                  talk about the need to pass this legisla-              has been fighting a different kind of
                                               so low. We have a solution: the Defense                  tion. We are going to offer a unanimous                war, a raging health pandemic, taking
                                               Production Act.                                          consent request. Senator BALDWIN will                  over 141,000 American lives so far. Un-
                                                 We also don’t have enough tests. It                    do that. I have been very pleased to be                fortunately, this time our national
                                               now takes 7 to 10 to 14 days to get a                    a partner with her in developing this                  generals appear to be missing in ac-
                                               test back. In Connecticut, it used to                    legislation       to     require      the              tion. How is it possible that 6 months
                                               take just 1 day. You can’t beat this                     operationalization of the DPA, but be-                 after the first case of COVID–19 on Jan-
                                               virus if you don’t get results for 7 to 10               fore she speaks, let me turn it over to                uary 20, our healthcare workers still
                                               days. That person who gets tested goes                   my colleague and our caucus’s leader                   are struggling to get the personal pro-
                                               out and spreads it during that time.                     on issues of healthcare, Senator STABE-                tective gear they need to treat patients
                                                 James Davis from Quest Diagnostics                     NOW.                                                   while keeping themselves safe? How
                                               said:                                                      The PRESIDING OFFICER (Mr. COT-                      can that be?
                                                                                                        TON). The Senator from Michigan.                          How is it possible that 6 months after
                                                  We would double our capacity tomorrow
                                               . . . but it’s not the labs that are the bottle-           Ms. STABENOW. Mr. President, first,                  the first case of COVID–19 was detected
                                               neck. [It] is our ability to get physical ma-            it is wonderful to be here with my                     in the United States, people are still
                                               chines and . . . our ability to feed those ma-           great friends from Connecticut, Wis-                   struggling to get tested? Well, I will
                                               chines with chemical reagents.                           consin, and Ohio. This is such an im-                  tell you how. It is because of the com-
                                                 That is equipment that could be pro-                   portant discussion we are having today                 plete lack of Federal leadership coming
                                               duced in the United States if the Presi-                 and such an important bill that needs                  from this White House that we have
                                               dent took control of the manufacturing                   to be passed.                                          seen, since day one, in this crisis.
                                               supply chain—not forever, but to the                       Let me start again by underscoring                      None of us want it to be this way. We
                                               extent of this crisis.                                   something that Senator MURPHY said,                    all live here. Our families are here. We
                                                 So the Medical Supply Transparency                     because despite what happened in the                   are desperately concerned about our
                                               and Delivery Act, which Senator BALD-                    beginning as it relates to China and                   families, our friends, and people in our
                                               WIN and my colleagues will talk more                     certainly over the years, I have not                   States. We want this White House to be
                                               about, essentially picks up the ball the                 been shy to address concerns related to                successful in fighting the pandemic. We
                                               President has dropped and commands                       stealing our intellectual property                     all need to be successful in fighting
                                               the President to operationalize the De-                                                                         this pandemic.
                                                                                                        rights or other issues related to China.
                                                                                                                                                                  But the reality is that the adminis-
                                               fense Production Act and put some-                       The reality is, despite whatever the
                                                                                                                                                               tration could have immediately used
                                               body in charge of its effectuation to                    smokescreens are about China, you                      the Defense Production Act to ensure
                                               make sure we are producing in this                       can’t say that they are the reason that                that we have quality protective equip-
                                               country all of the medical equipment—                    with 4 percent of the population, we                   ment and testing supplies in the right
                                               the masks, the gloves, the testing re-                   have 25 percent of the cases of COVID–                 place at the right time. It could have
                                               agents, the cartridges—that it is pos-                   19 and 25 percent of the deaths in the                 happened immediately. Instead, we
                                               sible to produce in this Nation.                         world. There is much more to it, and,                  have the administration providing ex-
                                                 The level of gleeful, willing, know-                   unfortunately, it lands right in this                  ample after example of telling the Gov-
                                               ing, purposeful incompetence from this                   country with the lack of national lead-                ernors: OK, you do it. We don’t want to
                                               administration is absolutely stunning,                   ership that has been completely AWOL                   do it. You do it. We will be right behind
                                               and no one should normalize an admin-                    when it comes to the kind of national                  you.
                                               istration that has the power to save                     strategy we need to get our people the                    Then Governors turn around, and no-
                                               lives and refuses to operationalize it.                  equipment, the support they need, the                  body is there.
                                                 Why won’t this administration take                     testing they need, and to have a strat-                   They don’t want to support the Gov-
                                               control of the supply chain? Why are                     egy to safely reopen the economy and                   ernors and local communities now that
                                               they willing to let people die? States                   our schools while, at the same time,                   we were once required to step up. But
                                               can’t run the supply chain by them-                      putting the health and safety and lives                you go ahead. Or they are putting to-
                                               selves. It is a national and inter-                      of Americans first by addressing the                   gether shady contracts—no-bid con-
                                               national supply chain. Hospitals can’t                   pandemic.                                              tracts—one after the other.
                                               create their own supply chain. They                        So I rise today to urge the Senate to                   One I will mention to you is called
                                               need to be focused on saving lives, not                  take up and immediately pass the Med-                  Fillakit, which was a $10 million no-bid
                                               being miniprocurement organizations.                     ical Supply Transparency and Delivery                  contract to produce testing supplies by
                                                 We know that democracies and capi-                     Act. I want to thank Senators BALD-                    somebody who already had had prob-
                                               talist economies are by nature and de-                   WIN, MURPHY, and BROWN for intro-                      lems in the past and who was given a
                                               sign often inefficient when faced with                   ducing this important legislation. I am                no-bid contract after setting up a new
                                               these urgent crises. That is why we                      very proud to be an original cosponsor                 company. We heard this over and over.
                                               give Presidents these enormous but                       of this bill.                                          And ProPublica reported that the test-
                                               temporary powers to smooth out the                         As all of you know, throughout his-                  ing tubes Fillakit produced were, in
                                               inefficiencies of a multibranch, multi-                  tory—and I love history—perhaps no                     fact, repurposed miniature plastic soda
                                               jurisdictional democracy.                                State was as crucial to our Nation’s




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                               bottles and described the packaging
                                                 When it comes to calling in the Fed-                   victory in World War II as was Michi-                  process as unmasked employees using
                                               eral troops to beat the hell out of pro-                 gan. My colleagues may debate that,                    ‘‘snow shovels’’ and dumping them into
                                               testers, this President seems perfectly                  but I have the mic, so I will talk about               plastic bins before squirting saline into
                                               willing to exercise his powers as Com-                   Michigan.                                              them all in open air. Well, Michigan re-
                                               mander in Chief, but when it comes to                      The truth is that more than half of                  ceived some of those so-called testing
                                               making sure that my kids’ teachers or                    Michigan men and women proudly                         supplies, and needless to say, they were
                                               my local doctor has a mask this fall,                    served in uniform, including my own                    not useable.



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                   S4383
                                                 Meanwhile, Governors, hospitals, and                   these American corporations and their                  right thing. I thank Senator TESTER
                                               nursing homes have spent time, en-                       contributors, starting with Senator                    for that work.
                                               ergy, and money bidding against one                      MCCONNELL down the hall, to get all of                       UNANIMOUS CONSENT REQUEST—S. 3627
                                               another and being pitted against one                     these advantages for China.                              Mr. President, we know a lot of
                                               another for lifesaving PPE and testing                     Now, if you are thinking about run-                  things. We know 144,000 Americans are
                                               supplies. This is no way to fight a pan-                 ning for President of the United States                dead. We have grown numb to these
                                               demic. This is no way to fight a war,                    in 2024 as a Republican, you bash                      numbers. We can’t forget who they are.
                                               and, certainly, no way to win a war.                     China. If you are in a tough reelection                They are our friends, our sisters, our
                                                 In Michigan, after the CARES Act                       right now for the Senate, you bash                     brothers, our parents, and our neigh-
                                               passed, going back to the State, work-                   China. If you are a House Member and                   bors.
                                               ing with our State Governor and her                      afraid of being defeated, you bash                       As has been said, we are 4 to 5 per-
                                               team and our delegation, I, literally,                   China. If you want to help the cause for               cent of the world’s population. We have
                                               was in a situation of reaching out—be-                   Donald Trump, you bash China. It                       accounted for almost 30 percent of the
                                               cause of my work in healthcare—to                        doesn’t matter that President Trump                    deaths in the entire world. That is not
                                               people in the medical supply business,                   has been the best friend of China. It                  because we don’t have skilled doctors.
                                               and we got some of the first masks be-                   doesn’t matter the Republican leader-                  It is not because we don’t have smart
                                               cause I knew a guy who knew a guy                        ship has been in the pocket of Chinese                 scientists. It is not because we don’t
                                               who knew a guy in China. That was                        Communist interests because of their                   work hard. It is because of leadership.
                                               how we got the masks—no national                         support for American corporations. It                    We know this President and the ma-
                                               supply chain.                                            is just good politics to bash China. So                jority leader down the hall, who does
                                                 Masks were coming in. Fifty-cent                       we know that, and Senator MURPHY                       the bidding every single day of this
                                               masks were being bumped up to $5, $6,                    touched on that.                                       President, had chance after chance to
                                               $7 apiece—no accountability, nobody                                             S. 4049                         get ahead of this virus. President
                                               worrying about the United States and                       Mr. President, I want to say a few                   Trump failed and Senator MCCONNELL
                                               whether we could get the best deal and                   words first about Agent Orange and                     failed. Now they have stopped even pre-
                                               whether our hospitals were able to get                   thank Senator TESTER for his work on                   tending to try.
                                               what they needed. Frankly, it was                        behalf of the tens of thousands of Viet-                 The President demands that schools
                                               chaos—complete chaos. Again, that is                     nam vets who suffered because of expo-                 reopen—no plan to protect teachers
                                               no way to fight a pandemic, and it is                    sure to Agent Orange.                                  and students. He demands businesses
                                               certainly no way to fight a war.                           We all know what the issue is. The                   open up—no plan to protect workers
                                                 During World War II, Michigan didn’t                   National Academy of Sciences has rec-                  and consumers. The American people
                                               decide to become the arsenal of democ-                   ognized the four illnesses that are sug-               have done their part and made incred-
                                               racy on its own. The Federal Govern-                     gestive or where there is sufficient evi-              ible sacrifices. Essentially, they bought
                                               ment saw a need and called on Michi-                     dence associated with Agent Orange.                    President Trump time in March, April,
                                               gan companies and workers to fill it,                    For years, we have known that. The                     May, and June, and he wasted it.
                                               and we did. It is the same thing this                    VA has added illnesses in categories to                  This spring, people stayed home.
                                               administration should be doing right                     the list of presumptive medical condi-                 They worked hard to flatten the curve.
                                               now, today—today—to produce the                          tions associated with Agent Orange.                    Members of both parties—both par-
                                               PPE and testing supplies we need to                      They have resisted this.                               ties—begged him to use the Defense
                                               end this pandemic. Instead, doctors and                    Time is running out for these vet-                   Production Act to scale up the produc-
                                               nurses are wearing the same masks for                    erans. We did this to them. The Amer-                  tion of medical supplies, including
                                               a week or more. People are waiting                       ican Government decided to spray                       testing supplies, and coordinate their
                                               more than 10 days for test results, and                  Agent Orange. We knew it was harm-                     deployment. All the way back in
                                               more than 141,000 Americans, so far,                     ful. We definitely know it is harmful                  March, we knew we faced shortfalls in
                                               have died, including more than 6,100 in                  now. If you were exposed to poison                     N95 masks, gowns, and the materials
                                               Michigan.                                                while serving our country, you deserve                 we needed, most importantly, for test
                                                 It is time to pass this important bill.                the benefits you earned, period.                       production, like cotton swabs. I imme-
                                               It is past time. It is time to put our                     For 3 years, in the Veterans’ Affairs                diately convened Ohio manufacturers
                                               great American companies to work                         Committee—I sat in the Veterans’ Af-                   back in March. I know Senator BALD-
                                               producing the supplies we need. It is                    fairs Committee—I begged the Vet-                      WIN did the same thing in her State. I
                                               time to win this war. We have done big                   erans’ Administration to recognize                     asked them what support they needed.
                                               things before, and we can do it again. I                 that these three illnesses are caused by               I released a plan and sent a letter to
                                               join with my colleagues in urging that                   Agent Orange and they should get Vet-                  the White House outlining Executive
                                               this bill be taken up immediately.                       erans’   Administration     benefits.   I              actions the President could take imme-
                                                 I yield the floor.                                     begged the Veterans’ Administration,                   diately. This was March. Since then—
                                                 The PRESIDING OFFICER. The Sen-                        and no answers. I begged the President                 April, May, June, July—and essentially
                                               ator from Ohio.                                          of the United States, and President                    nothing happened. The Federal Govern-
                                                 Mr. BROWN. Mr. President, I thank                      Trump said he is a friend of veterans,                 ment can acquire the resources our
                                               Senators MURPHY and STABENOW and                         but he couldn’t be bothered to add                     country needs and send them when
                                               Senator BALDWIN’s terrific leadership                    these three illnesses on the list. So                  they are needed most.
                                               on this. I echo Senator MURPHY’s ear-                    these veterans, individually, have to                    Senator CRAPO, a Republican from
                                               lier comments about China.                               get down on their knees—figuratively,                  Idaho, and I worked together to include
                                                 I see on the other side of the aisle                   if not literally—and beg the VA for                    provisions in the CARES Act ensuring
                                               Senators and President Trump. It is                      benefits when it ought to be automatic.                the President has the ability to use
                                               campaign season. So it is time to bash                   That is what Senator TESTER’s amend-                   DPA authority he already has without
                                               China, even though they have been in                     ment does today. It makes it auto-                     delay. We worked with our colleagues
                                               the pockets of China.                                    matic.                                                 in the Appropriations Committee to in-
                                                 I was in the other body when cor-                        Instead, the White House said no and                 clude $1 billion in new DPA funding.
                                               porate interests came and lobbied the                    the Veterans’ Administration said no,                  Yet hundreds of millions of dollars just
                                               House of Representatives and lobbied                     but because of the work of Senator                     sit around waiting to be used.
                                               the Senate asking for China to get all                   TESTER today, my colleagues are fi-                      Our States and our healthcare work-




SSpencer on DSK126QN23PROD with SENATE
                                               of these trade breaks and tax breaks so                  nally—it doesn’t happen often around                   ers continue to face supply shortages.
                                               that American companies could shut                       here. My Republican colleagues actu-                   What exactly is the President waiting
                                               down production in Milwaukee or in                       ally stood up to the President of the                  for? Imagine if he had used that DPA
                                               Cleveland and move overseas to China                     United States and said: No, Mr. Presi-                 money and DPA authority in the
                                               and get all kinds of tax breaks. And                     dent, you are wrong on the VA about                    spring and said we need to be producing
                                               then my Republican colleagues were                       covering these illnesses for Vietnam                   a million tests a week by the end of
                                               also pro-China because they wanted                       vets. And, finally, this Congress did the              summer, or imagine if we said our goal



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                                               S4384                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                               is to be ready to open schools in the                    ply chain, leaving healthcare workers                  consin labs that are currently per-
                                               fall and I am calling on American busi-                  at hospitals and long-term care facili-                forming tests do not have access to a
                                               nesses and American workers to manu-                     ties at the forefront of this crisis to                consistent supply of reagent.
                                               facture the tests we need to do it?                      fend for themselves, rationing the                       We are not alone. States across the
                                               Look around the world. Other coun-                       scarce personal protective equipment                   country have been abandoned by the
                                               tries figured this out. We are being left                that has been provided to them. In                     Trump administration. They have been
                                               behind. It is time for us to step up. If                 fact, just a couple of weeks ago, Vice                 forced to go this alone, while President
                                               the President will not lead, we must. If                 President MIKE PENCE, who was put in                   Trump has tried to pass off responsi-
                                               the President will not use DPA on its                    charge of our pandemic response, said                  bility for his own failures.
                                               own, Congress must use its authority                     the administration will be issuing guid-                 Every single one of us knows that our
                                               to force him to.                                         ance encouraging healthcare workers                    States need more resources and sup-
                                                 That is why it is so disappointing to                  to reuse personal protective equip-                    plies so we can ramp up testing, iden-
                                               see my Republican colleagues objecting                   ment. This is the same Vice President                  tify those who are infected, isolate
                                               to Senator BALDWIN’s bill. But, of                       who declared that the United States                    positive cases, and safely trace all con-
                                               course, they are objecting because they                  would ‘‘have this coronavirus pandemic                 tacts so that the spread of this virus
                                               are doing the bidding of President                       behind us’’ by Memorial Day weekend.                   can finally be contained. We all know
                                               Trump, and they want to blame China                      He was tragically wrong, and this                      that President Trump’s broken supply
                                               for everything, instead of take any re-                  White House continues to play catchup                  chain has been a failure, and my legis-
                                               sponsibility themselves. But objecting                   on a pandemic and a virus that is                      lation with Senator MURPHY, supported
                                               to Senator BALDWIN’s bill, which would                   spreading faster than ever.                            by 46 Democrats, will help fix it.
                                               force the President to actually do his                      The person whom President Trump                       In order to put people back to work
                                               job and coordinate a national response                   put in charge of our medical supply                    and safely reopen businesses and
                                               to a national crisis—that is the answer.                 chain was his son-in-law, Jared                        schools, we need both a national test-
                                                 The American people should not have                    Kushner. Jared Kushner predicted in                    ing plan and the supplies to implement
                                               to fend for themselves again and again                                                                          it. This is true in Wisconsin and every
                                                                                                        April that by June we would be back to
                                               and again in the middle of a pandemic.                                                                          other State in our Nation.
                                                                                                        normal and that in July we would be
                                                                                                                                                                 Our legislation will help respond to
                                                 I yield the floor.                                     ‘‘rocking again.’’ It is July. It is July,
                                                 The PRESIDING OFFICER. The Sen-                                                                               this public health crisis and prepare for
                                                                                                        and this is where we are.                              the future by mobilizing a Federal re-
                                               ator from Wisconsin.                                        Last Thursday, America had its high-
                                                 Ms. BALDWIN. Mr. President, Presi-                                                                            sponse to increase our national produc-
                                                                                                        est number of new coronavirus cases in
                                               dent Trump’s response to this pan-                                                                              tion of the testing and medical supplies
                                                                                                        1 day. And in my home State of Wis-
                                               demic has been a failure of leadership.                                                                         we need at the State and local level.
                                                                                                        consin, we had our highest case count                  Specifically, the bill will provide crit-
                                               So we are here today to provide leader-                  ever    yesterday—yesterday—and        we              ical oversight of the distribution of
                                               ship in the Senate to do what the                        have many hospitals across my State                    medical supplies and put an expert in
                                               Trump administration has failed to do.                   with less than a week’s supply of face
                                                 In April, with my good friend Sen-                                                                            charge to oversee COVID–19 equipment
                                                                                                        shields, goggles, gowns, paper medical                 production and delivery so we know we
                                               ator MURPHY from Connecticut, the                        masks, and N95 masks.                                  are putting science and facts over poli-
                                               two of us introduced legislation called                     This public health crisis has not dis-              tics and private distributor profits
                                               the Medical Supply Transparency and                      appeared. We are not back to normal,                   when it comes to responding to this
                                               Delivery Act. That act would force                       and we are not ‘‘rocking again.’’                      pandemic.
                                               President Trump to take action and                          The fact is, President Trump has                      Finally, our legislation unlocks the
                                               scale up American production of things                   failed to lead, and this White House has               full authority and power of the Defense
                                               like test kits, swabs, reagents, personal                taken us in a wrong direction in our                   Production Act so that we can produce
                                               protective equipment, and the medical                    fight against this pandemic. New                       and deliver tests, testing supplies, per-
                                               equipment needed at the local level to                   coronavirus cases are rising in the                    sonal protective equipment, and med-
                                               address the ongoing COVID–19 pan-                        States that we work for, which means                   ical equipment that we need to take on
                                               demic in our country.                                    we need more testing supplies, more                    this pandemic, treat patients, protect
                                                 Three months later, States still do                    testing, and more personal protective                  workers, open businesses and schools,
                                               not have the supplies they need. Now                     equipment for our workers.                             and save lives.
                                               more than 3.8 million Americans have                        The question this Senate needs to an-                 My friends on the other side of the
                                               been infected with the coronavirus,                      swer is whether we are going to let this               aisle have a choice: They can continue
                                               and, tragically, over 141,000 people have                President continue to take our country                 to ignore President Trump’s failure to
                                               died in our country. For 3 months, our                   in the wrong direction, or are we going                respond to this public health crisis,
                                               legislation has been in the majority                     to lead and do what we all know needs                  knowing full well that until we con-
                                               leader’s legislative graveyard.                          to be done?                                            front it in the bold and effective way
                                                 Since this public health crisis start-                    Not one of my Senate colleagues can                 that we should, we will not solve our
                                               ed, the Trump administration has had                     make an honest case that their State                   economic crisis, or they can choose to
                                               no national testing plan, and they have                  has everything it needs to fight this                  liberate themselves from this failure
                                               never had a plan to provide States with                  pandemic.                                              and support a solution that will serve
                                               the testing supplies they need to com-                      In Wisconsin, we have been short-                   the people who sent us here to work for
                                               bat this pandemic. As a matter of fact,                  changed by this administration. They                   them.
                                               last month, the President said we need-                  have failed to provide adequate sup-                     If my colleagues on the other side of
                                               ed to slow down testing, and, this                       plies for our State’s clinical and pri-                the aisle believe, as this Vice President
                                               weekend, as President Trump once                         vate labs, paralyzing our ability to ex-               does, that this pandemic is behind us,
                                               again said the coronavirus would dis-                    pand testing to the levels we need. In                 then object. If my colleagues on the
                                               appear, there were reports that the                      some cases, what we have received                      other side of the aisle believe, as Jared
                                               White House is trying to block Federal                   from the Trump administration were                     Kushner does, that we are rocking
                                               funding for States to conduct testing                    unsuitable and unusable testing sup-                   again in July, then object. If my col-
                                               and contact tracing.                                     plies—foam applicators that cannot be                  leagues on the other side of the aisle
                                                 President Trump has not only aban-                     used for swabs and saline tubes that                   believe, as President Trump does, that
                                               doned each and every one of our States,                  were too short to transport swabs used




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                                                                                                                                                               the coronavirus will just magically dis-
                                               he has also turned his back on front-                    in the majority of COVID–19 tests.                     appear, well, then, object.
                                               line healthcare workers, who continue                       In addition, the majority of labs con-                If you oppose the failures of this
                                               to face shortages of personal protective                 ducting COVID–19 tests in Wisconsin                    President and this administration in
                                               equipment, including gloves, gowns,                      are clinical or private labs. These labs               responding to the COVID–19 pandemic,
                                               face shields, and masks.                                 cannot access resources from the ad-                   then I ask for your vote to pass the
                                                 The Trump administration has cre-                      ministration and are essentially being                 Medical Supply Transparency and De-
                                               ated absolute chaos in the medical sup-                  told to ‘‘figure it out.’’ Over 80 Wis-                livery Act today.



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S4385
                                                  So I ask unanimous consent that the                   the State of Wisconsin, the chairman                     As we speak, COVID–19 continues to
                                               Homeland Security and Governmental                       of the Homeland Security and Govern-                   surge across the country. As cases keep
                                               Affairs Committee be discharged and                      mental Affairs Committee.                              growing, our testing supplies and our
                                               the Senate proceed to the immediate                        It is July. It is July, and cases are                PPE, already in short supply, are
                                               consideration of S. 3627, the Medical                    rising. Action was not taken in Feb-                   reaching critical levels. From Seattle
                                               Supply Transparency and Delivery Act.                    ruary, March, April, May, June, or so                  to Miami, people are waiting in line for
                                               I further ask that the bill be considered                far in this month of July. We had more                 hours to get tested, and their results
                                               read a third time and passed and that                    than fair warning that we had short-                   might take days, if not more, to come
                                               the motion to reconsider be considered                   ages of masks and gloves and gowns                     back. In many places we are missing
                                               made and laid upon the table.                            and face shields and testing swabs and                 basic supplies—swabs, gloves. In cer-
                                                  The PRESIDING OFFICER. Is there                       testing media and reagents, and yet it                 tain hospitals it has been reported doc-
                                               objection?                                               is July.                                               tors and nurses are being told to reuse
                                                  Mr. JOHNSON. Mr. President.                             As I said earlier, yesterday Wisconsin               their N95 masks as many as 15—15—
                                                  The PRESIDING OFFICER. The Sen-                       announced the most cases positive for                  times.
                                               ator from Wisconsin.                                     coronavirus in a single day that we                      It has been 6 months since we have
                                                  Mr. JOHNSON. Mr. President, reserv-                   have seen since the pandemic began.                    been fighting this virus. How is this
                                               ing the right to object, let me say first                  As we strive to reopen our economy,
                                                                                                                                                               still happening? The problem should
                                               that I appreciate my colleague from                      the President exhorts all schools to
                                                                                                                                                               have been solved months ago, but the
                                               Wisconsin’s work on this issue. It is an                 hold 5-day-a-week, in-person classes.
                                                                                                          We know that the demand for testing                  President has been derelict in his duty.
                                               important issue. It is one that our                                                                             His administration has been a total
                                               committee has been working diligently                    and the demand for masks will only in-
                                                                                                        crease exponentially—the need to keep                  failure when it comes to testing and
                                               on.                                                                                                             PPE.
                                                  Since the beginning of the COVID                      workers safe as they return to work
                                                                                                        and the need to keep customers safe as                   Instead of fully invoking the DPA
                                               crisis, we have held five hearings and a
                                                                                                        they enter and engage in commerce. To                  and ramping up the production of crit-
                                               roundtable on exactly this issue—ex-
                                                                                                        say that this needed to happen back in                 ical supplies early on, President Trump
                                               ploring and doing oversight on the na-
                                                                                                        February is an understatement.                         has left doctors, nurses, and medical
                                               tional stockpile and its supply chain
                                                                                                          I am pleased that my colleague has                   staff fighting this disease with one
                                               vulnerability. Just today, we marked
                                                                                                        held hearings, but this bill was filed in              hand tied behind their back. He has
                                               up five pieces of legislation very simi-
                                                                                                        April when it became apparent that the                 failed to keep us and those working on
                                               lar to what my colleague from Wis-
                                                                                                        President was not going to act. This                   the frontline safe.
                                               consin is introducing here and trying
                                                                                                        bill has been available for committee                    This bill, however, would finally—fi-
                                               to pass by unanimous consent. The five
                                                                                                        review since April.                                    nally—force the President to do what
                                               pieces are the Federal Emergency Pan-                      The House passed many elements of
                                               demic      Response      Act,    Securing                                                                       he should have done ages ago. We have
                                                                                                        the Medical Supply Transparency and                    been talking about the DPA since way
                                               Healthcare Response and Equipment                        Delivery Act in their Heroes Act,
                                               Act, National Response Framework                                                                                back in April. I called the President in
                                                                                                        which they passed 2 months ago. I just                 April, got him on the phone, urged him
                                               Improvement Act, National Infrastruc-                    ask, where would we be today had this
                                               ture Simulation and Analysis Center                                                                             to invoke it. He told me he would and
                                                                                                        been put into law?                                     then contradicted himself a few hours
                                               Pandemic Modeling Act, and finally—                        There has been time to review. There
                                               this one closest to my colleague’s bill—                                                                        later. How typical, but how dev-
                                                                                                        has been time to study. But it is past                 astating for the American people. Then
                                               the PPE Supply Chain Transparency                        time to pass the Medical Supply Trans-
                                               Act, which is actually the piece of leg-                                                                        he quickly lost interest—again, typical
                                                                                                        parency and Delivery Act. I hope we                    of this President, whose attention span
                                               islation we have had the most discus-                    can create another opportunity for the
                                               sion on—two amendments, including a                                                                             is much too short for the big fight that
                                                                                                        Senate to act on this in the days to                   we have with COVID.
                                               second-degree amendment to one                           come because it is so overdue.
                                               amendment—before passing it unani-                         I want to again thank my colleagues                    So what we say is the President’s ap-
                                               mously. So our committee has done a                      who joined me on the floor this after-                 proach to the pandemic was—typically
                                               lot of work.                                             noon—my coauthor, Senator CHRIS                        here—no followthrough, no strategy,
                                                  My concern about what my colleague                    MURPHY of Connecticut; my colleague                    no comprehension of the problem. The
                                               is doing here—trying to pass this by                     from Michigan, DEBBIE STABENOW; and                    President’s mind-boggling refusal to
                                               unanimous consent—is by and large by-                    my colleague from Ohio, Senator                        invoke the DPA shouldn’t be piled on
                                               passing the committee process. It is                     SHERROD BROWN; and the 45 other Mem-                   top of the challenges our medical
                                               true her staff reached out to my staff a                 bers of the U.S. Senate who have joined                workers and citizens already face.
                                               couple of weeks ago. We asked, have                      me in sponsoring this bill.                              I am sorry we didn’t pass this legisla-
                                               you vetted it through the Department?                      I yield the floor.                                   tion. I hope we can do it soon.
                                               Apparently, she has begun that proc-                       The PRESIDING OFFICER. The                             I yield the floor.
                                               ess, but this piece of legislation has not               Democratic leader.                                       The PRESIDING OFFICER. The Sen-
                                               been properly vetted. It has not gone                      Mr. SCHUMER. Mr. President, I want                   ator from South Dakota.
                                               through the proper and full committee                    to thank my colleagues, Senators
                                                                                                                                                                          REMEMBERING JOHN LEWIS
                                               process.                                                 BALDWIN and MURPHY, for their urgent
                                                  Again, without expressing an opinion                  words on this most important issue. I                    Mr. THUNE. Mr. President, before I
                                               on a piece of legislation but also ac-                   am proud to join them as we seek pas-                  begin, I would like to take a moment
                                               knowledging the fact that our com-                       sage to pass legislation to finally re-                to honor Congressman John Lewis, who
                                               mittee has done a lot of work—passed                     quire the President to invoke the full                 died on Friday. A leader of the civil
                                               five pieces of legislation on a non-                     authority of the DPA, the Defense Pro-                 rights movement, he was one of the 13
                                               partisan basis today because we are                      duction Act, so that the Federal Gov-                  original Freedom Riders and an orga-
                                               concerned about this as well—I have to                   ernment can more speedily get testing                  nizer of the 1963 March on Washington.
                                               object.                                                  supplies and PPE to the parts of our                   He was a man of conscience, convic-
                                                  The PRESIDING OFFICER. Objec-                         country struggling under the weight of                 tion, and supreme courage.
                                               tion is heard.                                           the pandemic.                                            ‘‘When you see something that is not
                                                                                                          Make no mistake, medical profes-                     right, not fair, not just, you have to




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                                                  Ms. BALDWIN. Mr. President.
                                                  The PRESIDING OFFICER. The Sen-                       sionals and frontline workers fighting                 speak up. You have to do something,’’
                                               ator from Wisconsin.                                     this virus still—still—do not have the                 he would say.
                                                  Ms. BALDWIN. I am, of course, very                    protective equipment and the testing                     John Lewis did something. Con-
                                               disappointed that we cannot move this                    supplies they need because the Trump                   fronted by the great sin of segregation,
                                               forward.                                                 administration failed to fully invoke                  John Lewis put himself front and cen-
                                                  I want to respond to a couple of the                  the DPA earlier this year. This is a cri-              ter in the fight. He organized sit-ins.
                                               comments made by my colleagues from                      sis of President Trump’s making.                       He led demonstrations. He marched for



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                                               S4386                                             CONGRESSIONAL RECORD — SENATE                                                           July 22, 2020
                                               freedom. And he paid for his convic-                     businesses to hire and to retain work-                    It can be argued that it is money we
                                               tions with his blood. A man who es-                      ers. It will provide a refundable tax                  need to borrow, but we need to remem-
                                               poused nonviolence, he suffered incred-                  credit for Main Street businesses for                  ber that it is borrowed money and that
                                               ible brutality at the hands of both po-                  the protective equipment and cleaning                  the bill for that money will eventually
                                               lice officers and civilian mobs. He was                  supplies that they need to keep their                  come due. The more we drive up our
                                               attacked and beaten an untold number                     employees and customers safe and to                    debt, the greater the threat to the
                                               of times.                                                encourage Americans to return to their                 health of our economy, not to mention
                                                 During a march in Selma, AL—on a                       businesses. It will provide another                    to the economic future of today’s
                                               day that lives in infamy—a police offi-                  round of assistance to small businesses,               younger workers. We have an obliga-
                                               cer fractured John Lewis’s skull, leav-                  with a focus on those that have been                   tion to them to limit our borrowing to
                                               ing him with a scar that he carried to                   hit the hardest by the pandemic.                       what is absolutely necessary to fight
                                               the end of his life. Yet John Lewis was                    We also expect to issue another                      the virus.
                                               unbowed. No matter how many times                        round of direct payments to hard-work-                    The Democratic leader has come
                                               he was attacked or what he suffered, he                  ing Americans to help them get back                    down to the floor the past couple of
                                               got up again and rejoined the fight.                     on their feet and to stimulate the econ-               days and suggested that the Heroes
                                                 His death is a great loss, but John                    omy.                                                   Act—a $3 trillion coronavirus bill the
                                               Lewis will live on in the annals of                        The third bucket of our coronavirus                  House passed is—‘‘a good product to
                                               American heroes. May we all have his                     response is, of course, healthcare. We                 start with’’ when it comes to a phase 4
                                               courage in fighting for the right.                       have to keep ensuring our healthcare                   coronavirus relief bill.
                                                                  CORONAVIRUS                           professionals have the resources needed                   That is ludicrous. The bill the Demo-
                                                 Mr. President, so far, Congress has                    to treat patients, develop new treat-                  cratic leader is promoting—the bill he
                                               provided $2.4 trillion to fight the                      ments, and to find a vaccine to tame                   thinks is a good starting point for
                                               coronavirus. Over the past couple of                     this virus once and for all.                           coronavirus legislation—is a bill that
                                               months here in the Senate, we have                         The coronavirus legislation that we                  mentions      cannabis—cannabis     more
                                               been closely tracking the implementa-                    are drafting will address all three of                 often than it mentions the word
                                               tion of this money and working with                      those priorities.                                      ‘‘jobs.’’
                                               the administration on disbursement.                        Our legislation will also include an-                   Let me just repeat that. The bill the
                                                 In June alone, we held 30 hearings in                  other important priority that will pro-                Democratic leader thinks is a good
                                               the Senate on COVID-related issues.                      tect jobs, schools, businesses, and                    starting point for coronavirus relief
                                               All of this has helped us identify the                   healthcare workers, and that is liabil-                legislation mentions the word ‘‘can-
                                               priorities that need to shape our next                   ity protections. No matter how many                    nabis’’ more often than it mentions the
                                               bill, which we are hoping to pass in the                 precautions schools and businesses                     word ‘‘job.’’
                                               next couple of weeks. Those priorities                   take, there is no way for them to com-                    While the Democratic leader is cer-
                                               are kids, jobs, and healthcare.                          pletely eliminate all risk of employees,               tainly welcome to disagree with me, I
                                                 First, kids: Getting kids back in                      students, or customers contracting the                 don’t think diversity studies in the
                                               school safely needs to be a priority.                    virus, but an army of trial lawyers is                 cannabis industry have a major role to
                                               Being able to attend school in person is                 waiting to levy lawsuits against even                  play in defeating this virus or getting
                                               important for students’ academic de-                     the most careful schools and busi-                     Americans back to work, nor does fed-
                                               velopment and for their social and
                                                                                                        nesses.                                                eralizing election law—another pri-
                                               emotional well-being.                                      There is absolutely no question that                 ority the Democrats included in their
                                                 The American Academy of Pediatrics
                                                                                                        schools and businesses should be liable                bill.
                                               has stated: ‘‘All policy considerations
                                                                                                        for gross negligence or for intentional                   Despite its $3 trillion pricetag, the
                                               for the coming school year should start
                                                                                                        misconduct, but businesses and schools                 bill the Democratic leader is endorsing
                                               with a goal of having students phys-
                                                                                                        that are taking every reasonable pre-                  fails to meet one of the most basic re-
                                               ically present in school.’’
                                                 Now, not every school may be able to                   caution to protect employees and stu-                  quirements of any coronavirus relief
                                               fully reopen this fall, but we need to                   dents and customers should not have to                 bill, and that is providing a meaningful
                                               make sure that those schools that can                    worry about facing lawsuits for virus                  plan for getting Americans back to
                                               reopen have the resources they need to                   transmission that they could not have                  work. It is disappointing to hear the
                                               reopen safely. That is why the legisla-                  prevented.                                             Democratic leader promoting such an
                                               tion the Republicans are drafting here                     Healthcare workers giving their all                  unserious piece of legislation at a time
                                               in the Senate would provide more than                    on the frontlines to treat coronavirus                 that we should be devoting all of our
                                               $100 billion to help schools ensure they                 patients should not have to worry that                 efforts to getting a bipartisan bill to
                                               have what they need to safely welcome                    their efforts will be rewarded with law-               the President.
                                               students back to class.                                  suits.                                                    I hope my other Democratic col-
                                                 While our first priority in getting                      I would like to think that we can put                leagues in the Senate are ready to look
                                               kids back to school is ensuring their                    a bipartisan bill together and get it to               beyond partisan wish lists and focus on
                                               academic and social well-being, getting                  the President’s desk in the next couple                negotiating a relief package that ad-
                                               students back in school is also impor-                   of weeks. Republicans are ready and                    dresses the real priorities we are fac-
                                               tant for families’ economic health.                      willing to work with Democrats to get                  ing: helping kids and parents, getting
                                               There are a lot of parents in this coun-                 this done. We will introduce our draft                 Americans back to work, and providing
                                               try who can’t afford to have one parent                  shortly and be ready to negotiate with                 the healthcare resources needed to
                                               stay home to homeschool. We need to                      Democrats to arrive at a final bill, the               fight this virus.
                                               ensure that those parents have access                    same process that we followed with the                    Republicans are ready to come to the
                                               to schools and childcare wherever pos-                   CARES Act, our largest coronavirus re-                 table, and I urge Democrats to join us.
                                               sible so that they can keep or return to                 lief bill to date.                                        I yield the floor.
                                               their jobs.                                                This will work only if Democrats are                    The PRESIDING OFFICER (Mrs.
                                                 Enabling Americans to return to                        willing to come to the table and nego-                 BLACKBURN). The Senator from Illinois.
                                               work is key to our economic recovery.                    tiate a reasonable bill. My Democratic                       UNANIMOUS CONSENT REQUEST—S. 4243
                                               Currently, there are more than 17 mil-                   colleagues sometimes behave as if gov-                   Mr. DURBIN. Madam President, I am
                                               lion unemployed Americans. While this                    ernment money is drawn from a mag-                     expecting the Senator from Utah to
                                                                                                        ical pot of gold that will never run out,              come to the floor momentarily to re-




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                                               is a significant improvement from
                                               where we were 2 months ago, that num-                    but it is not. It is not.                              sume debate over an issue which was
                                               ber is still much too high, and we have                    Every dollar of the coronavirus fund-                raised yesterday and suspended to
                                               to do everything we can to get these                     ing we provided so far has been bor-                   move to a vote that had been pre-
                                               Americans back on the job and receiv-                    rowed money, and every dollar we ap-                   viously scheduled.
                                               ing a regular paycheck.                                  propriate in the phase 4 bill we are                     Since this item, this issue, we are
                                                 That is why the legislation we are                     drafting will likely be borrowed money                 discussing is of such importance to so
                                               drafting will provide incentives for                     as well.                                               many individuals in our country



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S4387
                                               today—and many of them are following                     ator PATRICK LEAHY of Vermont and                      work in good faith with him to resolve
                                               this carefully and closely—I wanted to                   Senator MAZIE HIRONO of Hawaii. The                    our differences. Last December, we
                                               make sure we returned to it today to                     RELIEF Act would increase the num-                     reached an agreement—I believed we
                                               at least consider one aspect of the de-                  ber of green cards to clear the backlog                did—on an amendment to the bill. The
                                               bate.                                                    for all immigrants waiting in line for                 amendment doesn’t address the core
                                                 Yesterday, when I made a unanimous                     green cards within 5 years—eliminate                   problem because it doesn’t increase the
                                               consent request, Senator LEE said he                     the backlog for green cards within 5                   number of green cards. As a result, it
                                               had not had time to look at my pro-                      years.                                                 would not reduce the green card back-
                                               posal. That is why I waited until today                    This RELIEF Act would keep immi-                     log, but there was an improvement in
                                               to come back, so that he would have                      grant families together by treating                    the amendment which we put together.
                                               that opportunity.                                        children and spouses of green card                     I talked about it yesterday.
                                                 Yesterday, I came to the floor to                      holders as immediate relatives, just as                  Let me highlight two key provisions
                                               speak about the plight of immigrant                      the children and spouses of citizens                   of our agreement. We protected the
                                               workers who are suffering because of a                   are, so they don’t count against the                   families who are stuck in this backlog
                                               serious problem in our immigration                       green card caps. The RELIEF Act                        waiting for a green card. Immigrant
                                               system known as the green card back-                     would protect the aging-out children                   workers and immediate family mem-
                                               log. Many of these immigrants are es-                    who qualify for a green card based on                  bers would be allowed to ‘‘early file’’
                                               sential workers who are helping to lead                  parents’ immigrant petition.                           for their green cards. That was a pro-
                                               the fight against COVID–19, but the                        The RELIEF Act that I am describ-                    posal that came to me from Senator
                                               green card backlog puts them and their                   ing is not novel or controversial; it is               LEE, and I thought it was reasonable.
                                               families at risk of losing their immi-                   based on a provision of the 2013 com-                  These individuals would not receive
                                               gration status and being subject to de-                  prehensive immigration reform bill,                    their green cards early, but they would
                                               portation.                                               which I helped to write with the so-                   be able, while waiting, to switch jobs
                                                 Under the current law, there are                       called Gang of 8. That included Senator                and travel without losing immigration
                                               clearly not enough immigrant visas—                      McCain, Senator GRAHAM, Senator                        status. I think that is reasonable.
                                               also known as green cards—available                      Flake, as well as Senator RUBIO on the                 Early filing adds a critical protection
                                               each year. The numbers that we have                      Republican side; myself, Senator SCHU-                 that wasn’t in S. 386.
                                               established in 1990 are still applicable                 MER, Senator MENENDEZ, and Senator                       Listen carefully. Our agreement pre-
                                               today, though our national economy                       BENNET on the Democratic side. We                      vents the children of immigrant work-
                                               has doubled since then. We are still                     worked hard and passed that measure                    ers from aging out of green card eligi-
                                               talking about 140,000 employment visas                   through the Senate Judiciary Com-                      bility so they will not face deportation
                                               each year.                                               mittee and on the floor by a vote of 68                while they are waiting for a green card.
                                                 These so-called green cards have re-                   to 32.                                                   Our agreement also would crack
                                               sulted in many people waiting for long                     What I am proposing is something I                   down on the abuse of H–1B temporary
                                               periods of times—literally for years—                    have proposed in the past, crafted,                    work visas. Really, I think this is at
                                               for the opportunity to become legal                      passed, and offered to the House of                    the heart of the problems we are run-
                                               permanent residents and securing one                     Representatives to help start to solve                 ning into. There are corporate entities
                                               of the green cards. While they are wait-                 the immigration crisis, which we cur-                  in India, which have extraordinary
                                               ing, their families are at risk.                         rently have in this country. Unfortu-                  power over the securing of these H–1B
                                                 These backlogs are particularly dif-                                                                          visas.
                                                                                                        nately, the Republicans, who con-
                                                                                                                                                                 The amendment we put together
                                               ficult on children because as they wait,                 trolled the House of Representatives
                                                                                                                                                               would allow legitimate use of H–1B
                                               the children, of course, advance in age,                 when this measure came before them                     visas, but here is what it would say. It
                                               and when they reach age 21, they are                     several years ago, refused to even take                would prohibit a company from hiring
                                               subject to deportation. I have met with                  up this measure and debate it.                         additional H–1B workers in the future
                                               these families, and I have talked with                     If they had, we wouldn’t be here
                                                                                                                                                               if the company’s workforce is more
                                               them. It is a heartbreaking situation.                   today. The green card backlog would
                                                                                                                                                               than 50 employees and more than 50
                                                 The unanimous consent request,                         not exist based on the provision which
                                                                                                                                                               percent of those are temporary work-
                                               which I will make today, addresses the                   I offered with others in the comprehensive             ers.
                                               plight of those children directly. Sen-                  immigration reform bill. Unfortunately,
                                                                                                        some of the Republicans on the other side of
                                                                                                                                                                 The 50–50 rule is from a bipartisan H–
                                               ator LEE objected to it yesterday. He                                                                           1B reform bill that I authored with
                                               said he had not had a chance to look at                  the aisle are still unwilling to increase any
                                                                                                        number of immigrant visas. They want to                Senator GRASSLEY. This provision was
                                               it. I hope he will reconsider when I                                                                            included in the 2013 comprehensive im-
                                                                                                        keep the immigrant workers on a temporary
                                               make the same request today.                             basis, where they and their family are at              migration reform bill.
                                                 These children who face, what we                       risk of losing their immigration status and              Senator LEE has said publicly: This is
                                               call, aging out at age 21 would be pro-                  being deported.                                        a commonsense reform to root out
                                               tected by this unanimous consent re-                       The senior Senator from Utah, Mr.                    abuse. I think he is right. I know these
                                               quest, which I am making. In addition                    LEE, has introduced S. 386, known as                   companies despise this provision, and I
                                               to the green card backlog, it is clear                   the Fairness for High-Skilled Immi-                    think it is one of the reasons we find
                                               there is a solution to this issue, which                 grants Act, to address the green card                  ourselves with no common ground
                                               I am afraid we are not going to be able                  backlog. I have a basic concern with                   today. If this is included, they don’t
                                               to achieve. It is to increase the number                 that bill. It includes no additional                   want anything to pass, and they are
                                               of green cards available each year in                    green cards. Without any additional                    doing their best to stop it.
                                               this country.                                            green cards, S. 386 will not reduce the                  The reality is that the top recipients
                                                 These immigrant workers who are                        green card backlog. Without additional                 of H–1B visas today are outsourcing
                                               seeking green cards are already in the                   green cards, S. 386 will not reduce the                companies that use loopholes in the
                                               United States working legally. This is                   green card backlog.                                    law to exploit immigrant workers and
                                               not a question of increasing the num-                      Don’t take it from me. There are                     offshore American jobs. In the most re-
                                               ber of green cards, of bringing in new                   those who will disagree and say: Oh,                   cent year for which data is available, 8
                                               immigrants to compete with American                      DURBIN is wrong. He is just mistaken in                of the top 10 recipients of new H–1B
                                               workers. These workers are already                       saying that.                                           visas were outsourcing companies.
                                               here. It is about whether immigrant                        Please go to the nonpartisan Con-                      Unfortunately, yesterday, Senator




SSpencer on DSK126QN23PROD with SENATE
                                               workers will continue to be able to                      gressional Research Service. Here is                   LEE objected to this proposal, which we
                                               work on temporary visas, where they                      what they said about S. 386, Senator                   had put together. Instead, he offered a
                                               have to depend on their employer for                     LEE’s legislation. ‘‘S. 386 would not re-              revised version that included changes
                                               their immigration status and their fu-                   duce future backlogs compared to cur-                  that were requested by the Trump ad-
                                               ture is uncertain.                                       rent law.’’                                            ministration. Let me explain Senator
                                                 I introduced legislation known as the                    Despite my concerns about Senator                    LEE’s changes because I think they are
                                               RELIEF Act. My cosponsors are Sen-                       LEE’s bill, I agreed to sit down and                   basic, and I believe they are a problem.



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                                               S4388                                             CONGRESSIONAL RECORD — SENATE                                                           July 22, 2020
                                                 First, he wants to remove a provision                    Yesterday, Senator LEE said he had                   does nothing for the child of an immi-
                                               from our original agreement, known as                    not had a chance to review it, so I                    grant whose dead parent’s green card
                                               the hold harmless clause. What it says                   wanted to return to the floor today. I                 application is ultimately denied be-
                                               is very simple. It assures immigrants                    believe this is timely and important,                  cause his or her job is no longer avail-
                                               already waiting in line for green cards                  and now he has had a chance to look at                 able—nothing.
                                               that there is nothing we will do that                    it. Senator LEE’s original bill does not                  To be honest, the 20 to 30 years is a
                                               will, in any way, injure or delay their                  offer any protection for those children,               short wait for most of the Indian na-
                                               pursuit of a green card; they can’t fall                 which I think is a major humanitarian                  tionals currently stuck in this awful,
                                               further behind in line. We hold them                     problem caused by the green card back-                 hellish green card backlog. In fact, it is
                                               harmless from any change we make.                        log.                                                   a drop in the bucket. In 2020, the wait
                                               Why wouldn’t we? Some of these people                      The early-filing provision in my                     for an EB2 green card is not, in fact, 20
                                               have waited for years. The hold harm-                    agreement with Senator LEE will im-                    to 30 years for an Indian national.
                                               less provision basically says we are                     mediately protect the kids in the back-                What is it, then? Is it 30? Is it 40, 50, 60?
                                               going to protect wherever you stand in                   log under the age of 21. However, if                   No, it is much longer than that. It is
                                               line.                                                    early-filing is delayed, Senator LEE                   195 years. This means that someone
                                                 The second thing that Senator LEE                      now proposes those kids would age out                  from India entering the backlog today
                                               wants to do is to delay for 3 years the                  and lose their green card eligibility.                 would have to wait 195 years to receive
                                               effective date of the 50–50 rule to crack                  I have met many of these young peo-                  an EB3 green card. Even if we give
                                               down on outsourcing companies. I                         ple. It breaks my heart to hear their                  their children this limbo status, none
                                               don’t know why we want to wait 3                         stories, that they may be reaching a                   of them will have a prayer of becoming
                                               years to do that. We don’t have to. We                   point where they have aged out and                     a U.S. citizen.
                                               shouldn’t. Why on Earth would we give                    could be deported. That is why I want                     To put this in perspective, 195 years
                                               these companies that are outsourcing                     to offer this specific single provision.               ago, John Quincy Adams had recently
                                               American jobs and exploiting immi-                       There is no reason these children                      been inaugurated as President of the
                                               grant workers a free pass for an addi-                   should be punished for a broken immi-                  United States.
                                               tional 3 years?                                          gration system. It is beyond their con-                   The legislation purports to allow
                                                 Third, Senator LEE wanted to delay                                                                            aging-out children to move to a stu-
                                                                                                        trol, but it is not beyond our control to
                                               for years early filing for people who are                                                                       dent visa status, but it also fails to ac-
                                                                                                        help them.
                                               stuck in the green card backlog. The                       I now am going to ask unanimous                      complish even this. Student visas re-
                                               object behind the early filing, and the
                                                                                                        consent for the Protect Children of Im-                quire the applicant to have residency
                                               reason why it is so appealing to me,
                                                                                                        migrant Workers Act.                                   in a foreign country, which, obviously,
                                               was that it would protect the individ-                     Madam President, I ask unanimous                     these children do not have.
                                               uals applying as well as their families                  consent that the Judiciary Committee                      Perhaps these are merely drafting er-
                                               from the start, and now the Senator                      be discharged of S. 4243, the Protect                  rors, but as such, they underscore my
                                               suggested that we delay this. That just
                                                                                                        Children of Immigrant Workers Act,                     concerns about passing slapdash legis-
                                               means that many children will age out
                                                                                                        and the Senate proceed to its imme-                    lation just because it bears a title that
                                               during that 1-to-3-year period of time
                                                                                                        diate consideration; further, that the                 compels us to believe that it will cor-
                                               and be subject to deportation. We
                                                                                                        bill be considered read a third time and               rect the most egregious problems and
                                               shouldn’t do that to these children and
                                                                                                        passed and the motion to reconsider be                 protect the most vulnerable popu-
                                               these families.
                                                 Yesterday, I made a simple proposal                    considered made and laid upon the                      lations.
                                                                                                        table with no intervening action or de-                   Even if we generously overlook these
                                               to Senator LEE, which he hadn’t seen
                                                                                                        bate.                                                  ‘‘drafting errors,’’ this legislation goes
                                               personally, and that is why we had to
                                                                                                          The PRESIDING OFFICER. Is there                      from sloppy to worse. Most egre-
                                               come back today. While we continue to
                                               debate the best way to fix the green                     objection?                                             giously, it will increase the existing
                                                                                                          The Senator from Utah.                               green card backlog. If we pass this leg-
                                               card backlog, let’s make sure no chil-
                                                                                                          Mr. LEE. Reserving the right to ob-                  islation on its own, high-skilled work-
                                               dren of the affected families are
                                                                                                        ject, for well over 8 months, my friend                ers from highly populated countries
                                               harmed or deported. It is just that sim-
                                                                                                        and distinguished colleague, the senior                will have fewer and fewer green cards
                                               ple.
                                                 I offered a new bill—very simply stat-                 Senator from Illinois, has been pub-                   available to them, meaning they will
                                               ed—the Protect Children of Immi-                         licly blocking legislation protecting                  have to wait longer and longer for re-
                                               grants Workers Act. This brief, three-                   the children of immigrant workers.                     lief. In fact, by the time we stretch this
                                               page bill would ensure that children do                  Now there is something called the Pro-                 out to 2030, the 195-year backlog I men-
                                               not age out while waiting for a green                    tect Children of Immigrant Workers                     tioned a moment ago would be ex-
                                               card.                                                    Act. He comes to the floor asking that                 tended out to a 400- to 450-year back-
                                                 Imagine if you brought your family                     we pass this bill by unanimous con-                    log. That is not fair. I can’t imagine
                                               to the United States, worked on an H–                    sent—a bill that, as he notes, was in-                 that is what the Senator from Illinois
                                               1B visa, applied for a green card to stay                troduced just yesterday. Well, we must                 wants.
                                               in this country, and your children are                   pass this right now, he says, because                     If we want to actually protect the
                                               waiting with you for the green card.                     these children shouldn’t have to suffer                children of immigrant workers, we
                                               You are paying for them to go to col-                    1 more hour. With all due respect, they                need to end the inequities of the green
                                               lege because they don’t qualify as                       could have had relief months ago. They                 card system. Real protection for the
                                               American citizens for any type of Fed-                   can still have relief today.                           children is impossible unless we have a
                                               eral financial aid. You are making                         I have taken the time since yester-                  fair path forward for the parents.
                                               great sacrifices for them. Then the day                  day to review Senator DURBIN’s legisla-                   I have worked for 9 years on a
                                               comes when they reach the age of 21                      tion, and I cannot support it. This leg-               thoughtful solution to these problems
                                               and they can be deported and the fam-                    islation allows the children of H–1B                   in the Fairness for High-Skilled Immi-
                                               ily divided. Why would we want to let                    workers to remain in the country for                   grants Act. This compromise protects
                                               that happen?                                             the 20 to 30 years that their parents                  children, protects widows and wid-
                                                 This three-page bill, the Protect                      have to wait in the green card back-                   owers, and it provides an equitable
                                               Children of Immigrant Workers Act,                       log—the same green card backlog the                    path forward for all our high-skilled
                                                                                                        Senator is now decrying.                               immigrants. That is why I call on Sen-




SSpencer on DSK126QN23PROD with SENATE
                                               protects those children. It would not
                                               increase the number of green cards. It                     When their parents die, children of                  ator DURBIN to lift his hold on the
                                               would not provide any special benefits.                  immigrant workers will not be imme-                    Fairness for High-Skilled Immigrants
                                               It would simply allow children of im-                    diately deported. But this prolonging                  Act and to provide relief to immigrant
                                               migrant workers to keep their place in                   of dependent status is helpful only if                 children and to their parents.
                                               line for a green card and be protected                   the parent lives and works in this                        As to the suggestion that the changes
                                               from deportation until they can get                      country until his or her green card ap-                made to this legislation were bad, that
                                               that card.                                               plication is actually adjudicated. It                  they were a departure from what we



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4389
                                               agreed on, it is not true. The imple-                    about the plight of these children. I am               even for these people who have been
                                               mentation delay simply allows the                        trying to address it. He continues to                  living and working here in the United
                                               USCIS a time to develop the adequate                     object.                                                States for years and sometimes dec-
                                               infrastructure to implement what we                        I yield the floor.                                   ades, even for physicians from India
                                               had proposed, the 50–50 rule change.                       The PRESIDING OFFICER. The Sen-                      and other countries who are literally
                                               This 3 years is there to protect the H–                  ator from Utah.                                        risking their lives today on COVID–19
                                               1B visa holders who were already here.                     Mr. LEE. Madam President, we have                    patients. The Senator told me there is
                                               The hold-harmless provision was taken                    the opportunity right here to pass this                no appetite for giving them additional
                                               care of with the 3- to 9-year transition                 right now. This bill fixes this problem.               green cards so they can stay here on a
                                               that now covers them.                                      As to the suggestion that we can’t do                permanent basis. I think that is unfair,
                                                 In any event, this legislation—the                     any of this without increasing the                     and that is my position.
                                               one Senator DURBIN now tries to pass                     total number of green cards—this is a                    The Senator made it clear—and I am
                                               by unanimous consent, introduced for                     poison pill. My friend and colleague                   not saying otherwise—that he dis-
                                               the first time yesterday that I have                     knows that it is a poison pill. In fact,               agrees with me. So what I tried to do is
                                               now reviewed—is sloppy. It doesn’t                       we had that very discussion. I don’t or-               come in and say that at least during
                                               solve the problem, and it would make a                   dinarily—in fact, I have a uniform pol-                the pendency, while they are waiting
                                               lot of things worse. I therefore object.                 icy against publicly talking about pri-                for green cards—which could be dec-
                                                 The PRESIDING OFFICER. Objec-                          vate conversations we have as col-                     ades unless the law is changed—let’s at
                                               tion is heard.                                           leagues. We have now brought it to the                 least protect their families. That is all
                                                 The Senator from Illinois.                             floor.                                                 I basically said.
                                                 Mr. DURBIN. Madam President,                             We talked about this. This was the                     He has come back and said: I want to
                                               there is no question that there is a                     basis upon which we reached a deal in                  put in a provision that takes out the
                                               green card backlog for immigrant                         his office in December. The point there                hold-harmless protection. I want to
                                               visas. We issue 140,000 employment-                      was to understand that we can’t pass                   protect these people who are outsourc-
                                               based visas a year and 226,000 family                    something—certainly by unanimous                       ing companies in India that have cap-
                                               visas. There are some 5 million seeking                  consent—that increases the total num-                  tured the lion’s share of these H–1B
                                               them. I want to increase the number of                   ber of employment-based green cards.                   visas. I want to make sure that those
                                               green cards. The Senator from Utah op-                   It is not going to happen. So we are                   who are going to be protected have to
                                               poses that. As a result, the bill that he                dealing here with that finite universe.                wait up to 3 years before there is any
                                               introduced, according to analysis by                     That is the basis of the deal we reached               protection.
                                               the Congressional Research Service—                      in December.                                             Why in the world would we do any of
                                               this is not DURBIN’s language; this is                     As to the suggestion that we can’t do                those things? I am willing to sit down and
                                               the Congressional Research Service: S.                   anything without increasing the total                  talk to you, but I am not going to accept
                                               386, the lead legislation, would not re-                 number of green cards, the Senator                     these at this point unless we can find a start-
                                               duce future backlogs compared to cur-                    knows that is not on the table. That is                ing point, which is protection for the chil-
                                                                                                                                                               dren of these families. If you will agree to
                                               rent law.                                                not fair. What we want to do is make
                                                                                                                                                               that, I will be more than happy to discuss
                                                 When he talks about 195 years and                      this process fair, even if we only have                the other provisions again, but because the
                                               John Quincy Adams or whatever his                        a limited number of green cards to                     other provisions are now what you are offer-
                                               historical analogy was, he doesn’t ad-                   work with, which is the case. Whether                  ing, I object.
                                               dress that at all in S. 386.                             you like that political reality or not, it               The PRESIDING OFFICER. Objec-
                                                 The problem, of course, is that he is                  is the political reality. It is the factual            tion is heard.
                                               bound to a position of his party that                    understanding that the Senator and I                     The Senator from Utah.
                                               will not allow one additional new im-                    discussed and understood in December                     Mr. LEE. Madam President, the pro-
                                               migrant—none. I don’t take that posi-                    when we made that deal. The Lee alter-                 tection for the children is now found in
                                               tion. These men and women and their                      native is the encapsulation of that.                   the proposal, in the amendment at the
                                               kids have been living in the United                        Madam President, I ask unanimous                     desk—the one that was just objected to
                                               States. Many of them have been here                      consent that the Judiciary Committee                   by my friend and colleague, the Sen-
                                               for years, some of them for decades.                     be discharged from further consider-                   ator from Illinois.
                                               Some of them are doctors in hospitals                    ation of H.R. 1044 and that the Senate                   I would ask my colleague rhetori-
                                               in my hometown. I trust them, and I                      proceed to its immediate consider-                     cally or directly, as he may choose: If,
                                               trust their kids. What I am asking him                   ation; further, that the Lee amend-                    in fact, he is unwilling and remains un-
                                               to do today is simply join with me in                    ment at the desk be agreed to, the bill,               willing to negotiate on any bill ad-
                                               protecting their children while we re-                   as amended, be considered read a third                 dressing this problem without increas-
                                               solve the other issues. He refuses. He                   time and passed, and that the motion                   ing the total number of employment-
                                               refused yesterday. He refuses again                      to reconsider be considered made and                   based green cards, why in the world did
                                               today.                                                   laid upon the table.                                   he waste months of my time? Why did
                                                 He calls my approach sloppy. Let’s                       The PRESIDING OFFICER. Is there                      he lead me to believe, while in his of-
                                               see the Lee alternative to protect the                   objection?                                             fice, that he was open to such an agree-
                                               children. I would like to see what he                      Mr. DURBIN. Reserving the right to                   ment that was, in fact, the premise
                                               would like to propose. Maybe it is lan-                  object.                                                upon which we proceeded? We spent
                                               guage that is better, and maybe I can                      The PRESIDING OFFICER. The Sen-                      months on that, and I worked in good
                                               embrace it. But let’s take care of that                  ator from Illinois.                                    faith.
                                               discrete part of this issue. Why would                     Mr. DURBIN. Just do the math;                          As I mentioned yesterday, it was
                                               we leave these children now aging into                   140,000 EB visas and 226,000 family visas              against my better judgment that I
                                               adults at risk? That is just the wrong                   per year and 5 million people waiting.                 agreed to announce with the Senator
                                               way to approach this. We can solve this                  If you think you can solve this without                on the Senate floor that we had
                                               problem, and we should. While we solve                   changing the number of green cards,                    reached an agreement because I knew
                                               it, we should protect these children. It                 you can’t. You may address it from one                 that we had to work out a few kinks,
                                               is within the ken of both Senator LEE                    angle or another. You may help some                    but I proceeded based solely on the fea-
                                               and myself to sit down through staff                     who are waiting as opposed to others.                  sibility and our ability to implement
                                               and come up with that language. I be-                    You only give assistance to some at                    that bill. That was the only change




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                                               lieve we can.                                            the expense of some other group.                       that we made.
                                                 I want to say I will continue to offer                   I understand the Senator’s position. I                 Now, if the Senator wants to make
                                               this opportunity for Senator LEE to                      don’t quarrel with the fact he made it                 some adjustment to that, bring it for-
                                               protect these children until we can sit                  clear from the start that, from his per-               ward. I would love to consider it. Yet
                                               down in good faith and resolve any dif-                  spective and perhaps from his side of                  what he is now telling me is that the
                                               ferences we have between us. I have                      the aisle, there is just no appetite for               premise upon which we proceeded on
                                               heard this case over and over again                      increasing the number of green cards,                  those negotiations and then spent



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                                               S4390                                             CONGRESSIONAL RECORD — SENATE                                                         July 22, 2020
                                               weeks and months working on was                          Federal holiday. In a few minutes, I                   tural readings, musical performances,
                                               false in that the whole premise that we                  will ask unanimous consent that the                    and many other celebrations. These
                                               could reach some sort of compromise—                     Senate take up and pass this important                 events have provided many with the
                                               an actual compromise—that wouldn’t                       bill.                                                  opportunity for reflection, education,
                                               increase the number of total green                         Our country is in the midst of a long                and a deeper understanding of our his-
                                               cards available was illusory. I find that                overdue reckoning on race and justice.                 tory as a nation—the whole history—
                                               disappointing.                                           The murder of George Floyd by mem-                     and how it has affected and shaped the
                                                 Mr. DURBIN. Madam President, the                       bers of the Minneapolis Police Depart-                 lives of Black Americans.
                                               Senator has addressed a question to                      ment has galvanized the Nation as pro-                   Nearly every State and the District
                                               me, I believe.                                           testers have taken to our streets, de-                 of Columbia have passed legislation
                                                 Mr. LEE. Rhetorically or otherwise,                    manding justice—justice for George                     recognizing Juneteenth as a holiday or
                                               the Senator is welcome to answer.                        Floyd, justice for Breonna Taylor, and                 observance, and the Senate has passed
                                                 The PRESIDING OFFICER. The Sen-                        justice for countless other Black and                  a resolution designating June 19 as
                                               ator from Illinois.                                      Brown Americans who have been hurt                     Juneteenth Independence Day, but
                                                 Mr. DURBIN. Madam President, I                         or killed at the hands of law enforce-                 Juneteenth has never received the
                                               know other Senators are waiting to                       ment. Yet this reckoning goes well be-                 higher status it deserves as a Federal
                                               speak, so I will try to be as concise and                yond seeking accountability for police                 holiday. The Juneteenth National Inde-
                                               brief as possible.                                       officers who betray the trust we bestow                pendence Day Act rights this wrong
                                                 I understand the Senator’s position.                   upon them.                                             and makes Juneteenth a Federal holi-
                                               He doesn’t want another green card. He                     The disparate treatment and mis-                     day.
                                               believes Members on his side of the                      treatment of Black and Brown Ameri-                      We still must travel a long and dif-
                                               aisle don’t want an increase in the                      cans permeates our society. It infects                 ficult road to justice and equality in
                                               number of green cards—period. I knew                     our courts, our schools, and our places                the United States, but we cannot get
                                               that going in. He made that abun-                        of work. It reflects the unfulfilled                   there without recognizing the original
                                               dantly clear. We can’t solve the under-                  promise of a nation built upon the no-                 sin of slavery and marking its end. It is
                                               lying problem without it, but we can                     tion that all are created equal, and it                incumbent upon all Americans to
                                               make it better. That is why we con-                      has its roots in our Nation’s original                 truthfully acknowledge and understand
                                               tinue to talk and negotiate, and I hope                  sin—slavery—a crime against human-                     our past and how it affects our present
                                               we will continue to talk and negotiate.                  ity that we have for far too long failed               and our future. Making Juneteenth a
                                               Yet, for goodness’ sake, the starting                    to acknowledge, address, or come to                    Federal holiday will not right all of the
                                               point ought to be the protection of                      grips with.                                            wrongs of the past or fix what remains
                                               these children.                                            One way to further the process of ra-                broken, but it is an important step. It
                                                 Can we not agree that we will protect                  cial reconciliation and healing is to                  is the truth of our history and the
                                               the children and then proceed to con-                    recognize, honor, and celebrate the for-               missing half of the story of our Na-
                                               tinue the negotiations on the premise                    mal end of slavery in the United States                tion’s freedom and independence. It is
                                               that the Senator cannot accept one                       and to do so at the Federal level. Per-                long past time to recognize Juneteenth
                                               more green card? I can, and the Sen-                     haps the most effective, direct, and far-              as a Federal holiday.
                                               ator can’t, but we will try to improve                   reaching way to do that is with a Fed-                   Let me stop there and recognize my
                                               the system with that premise accepted.                                                                          partner in this effort, the senior Sen-
                                                                                                        eral holiday commemorating that his-
                                               At the starting point, for goodness’                                                                            ator from Texas.
                                                                                                        toric event.
                                               sake, let’s protect the children while                                                                            The PRESIDING OFFICER. The Sen-
                                                                                                          For more than 150 years, the
                                               we negotiate and debate. Hopefully, we                                                                          ator from Texas.
                                                                                                        Juneteenth holiday, which marks the                      Mr. CORNYN. Madam President, I
                                               can do it on a timely basis. That is my                  emancipation of slaves, has been ob-                   will be brief.
                                               response.                                                served one way or the other across our                   Let me just tell the Senator from
                                                 I am willing to continue to work. I                    Nation, including in Texas, but it is                  Massachusetts that I agree with every-
                                               understand the Senator cannot issue                      long past time to place Juneteenth on                  thing he has said. It shows how people
                                               another green card. The math never                       par with other Federal holidays so that                of,     maybe,     different     political
                                               works with 5 million people waiting                      all Americans in all 50 States will cele-              ideologies—certainly     different    par-
                                               and 140,000 employment green cards                       brate Juneteenth alongside Veterans                    ties—can come together and recognize
                                               and 226,000 family visas a year. It is                   Day, Memorial Day, Martin Luther                       that there is a moment available to us
                                               never going to work, but I am willing                    King Day, and other Federal holidays.                  here in which we can demonstrate our
                                               to try to make the system better, with                     The celebration of Juneteenth dates                  nonpartisan support for this act of ra-
                                               the understanding that I will increase                   back to June 19, 1865, when Union sol-                 cial reconciliation in our country.
                                               the number of green cards and that the                   diers, led by MG Gordon Granger, trav-                   I agree that slavery was the original
                                               Senator will not.                                        eled to Galveston, TX, with the an-                    sin. Our founding documents said that
                                                 The PRESIDING OFFICER. The Sen-                        nouncement that the Civil War had                      all men and women were created equal,
                                               ator from Utah.                                          ended and that the enslaved were now                   but that certainly wasn’t the practice
                                                 Mr. LEE. Madam President, I am al-                     free. This was 21⁄2 years after the date               when it came to African Americans at
                                               ways happy to discuss any counter-                       of President Lincoln’s Emancipation                    the time who were officially designated
                                               proposal. If the Senator would make                      Proclamation, but either the news of                   as something less than fully human. It
                                               one, I would love to see it. It is not fair              Lincoln’s order had not reached many,                  was an outrageous act at the time, and
                                               to say I don’t care about those kids be-                 including those in Texas, or local offi-               our country has paid a dear price for
                                               cause I am unwilling to create addi-                     cials had refused to enforce it.                       that over the years—from the Civil
                                               tional green cards. If the Senator                         On June 19, 1865, Major General                      War to the violence that led up to the
                                               wants to protect these children, pass                    Granger read to the people of Texas                    peaceful civil rights movement in the
                                               this bill. Pass it today. Pass it at this                General Order No. 3, the first lines of                sixties. It is obvious from the recent
                                               very moment.                                             which told them clearly and unequivo-                  events—George Floyd’s death in par-
                                                 I yield the floor.                                     cally: ‘‘The people of Texas are in-                   ticular—that we are not where we need
                                                 The PRESIDING OFFICER. The Sen-                        formed that, in accordance with a                      to be. We still have room to grow as
                                               ator from Massachusetts.                                 Proclamation from the Executive of                     part of our developing that more per-
                                                    UNANIMOUS CONSENT REQUEST—S. 4019                   the United States, all slaves are free.’’




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                               fect Union.
                                                 Mr. MARKEY. Madam President, I                           Juneteenth celebrations followed as                    I know our friend and colleague TIM
                                               rise to speak in support of S. 4019, the                 did the recognition of Juneteenth as                   SCOTT, who has been at the forefront of
                                               Juneteenth National Independence Day                     the formal end of slavery in the United                this discussion with his advocacy for
                                               Act—legislation that I have introduced                   States. Since 1865, communities all                    the Justice Act, has a lot of bipartisan
                                               along with Senator CORNYN. We have 54                    across the Nation have celebrated                      ideas for police reform. He points out
                                               cosponsors and broad bipartisan sup-                     Juneteenth with parades, cookouts,                     that, as an African American, his expe-
                                               port that would make Juneteenth a                        prayer gatherings, historical and cul-                 rience has been much different from



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4391
                                               those who are non-African Americans.                       When I asked for a CBO score, the                      When you add in benefits, total com-
                                               He said, over the last two decades, he                   sponsors of the bill had not even ob-                  pensation, the average total compensa-
                                               has been stopped—as he puts it, ‘‘driv-                  tained a score, and I still don’t think                tion for Federal workers in 2018 was
                                               ing while Black’’—about 18 different                     they have obtained a score. The esti-                  $136,000, just shy of $136,000. In the pri-
                                               times.                                                   mate, in terms of what it will cost                    vate sector, the total cost of compensa-
                                                 At a roundtable that was sponsored                     American taxpayers in the private sec-                 tion is a little more than $75,000—55
                                               by Mayor Sylvester Turner and that I                     tor to pay for a paid holiday for Fed-                 percent of what Federal Government
                                               had requested, I sat next to a pastor of                 eral workers, is about $600 million per                workers make.
                                               a church in Houston who happened to                      year. The CBO score would come in at                     So if you strip out and just compare
                                               be the local head of the NAACP.                          $6 billion over 10.                                    the benefits, again, we are talking
                                                 He said: I honor the police. I respect                   In terms of why I object, let me just                about an extra paid day off, an extra
                                               the police. I support the police. Yet he                 put a couple of facts to that $600 mil-                paid holiday for only Federal workers
                                               said: My son is afraid of the police, and                lion bill that hard-working taxpayers                  to celebrate Juneteenth, paid for by
                                               we have to do everything we can to                       would have to foot in an era when we                   American workers who make about
                                               cure that trust deficit.                                 are $26.5 trillion in debt and when 17                 $12,000, on average per benefit, com-
                                                 In    Texas,   we     have   recognized                million of our fellow Americans are                    pared to $41,000 in benefits for Federal
                                               Juneteenth as a State holiday for 40                     currently unemployed.                                  workers. That is only 29 percent.
                                               years, obviously, because of the fact                      The first chart here—let’s just talk                   So those are the facts. Again, that is
                                               that this occurred as a result of the                    about how many days off Federal work-                  what I object to.
                                               Emancipation Proclamation’s being                        ers get currently.                                       Again, I am happy to celebrate
                                               announced in Galveston, TX. Yet I re-                      I have two columns—minimum and                       Juneteenth. I think we should cele-
                                               cently cosponsored a bill with Con-                      maximum. For paid holidays, they get                   brate the fact that we did remove that
                                               gresswoman SHEILA JACKSON LEE to                         10, which is pretty generous. Most peo-                original sin by emancipating the
                                               study a trail, basically, from Galveston                 ple in the private sector get something                slaves. That is a day of celebration. I
                                               to Houston as the possible designation                   similar—7, 8, 9, or 10. For paid leave                 agree with that. I simply don’t believe
                                               of a national park in further recogni-                   days, there is a minimum of 13, up to                  we should make American taxpayers in
                                               tion of this event.                                      26; for paid sick days, 13, minimum and                the private sector pony up $600 million
                                                 I believe strongly that we need to re-
                                                                                                        maximum.                                               a year, $6 billion over 10 years, to give
                                               member our history because if we don’t
                                                                                                          What we just added in last year’s                    Federal workers, who already are paid
                                               remember our history, in the words of
                                                                                                        NDAA was paid parental leave, which                    quite generously and have quite a few
                                               one sage, ‘‘we will be condemned to re-
                                                                                                        allows an individual—either mother or                  days off one more paid day off.
                                               live it.’’ We have come so far, but we
                                                                                                        father, with either a natural childbirth                 So what I am proposing—again, I
                                               know we still have further to go. I do
                                                                                                        or an adoption—60 days of paid leave.                  don’t object to Juneteenth and a cele-
                                               believe that the appropriate word to
                                                                                                          So for a total, at a minimum, there                  bration, but if we are going to make
                                               use is ‘‘reconciliation.’’ This is an op-
                                                                                                        are 96 days, up to 109 days if they take               that a Federal holiday, the main im-
                                               portunity for us to demonstrate our
                                                                                                        paid parental leave.                                   pact of that is giving Federal workers
                                               concern and our commitment to equal
                                                                                                          Looked at a different way, as a ratio,               a paid day off. I would just suggest
                                               justice and equal treatment under the
                                                                                                        if they take the maximum number of                     this: Why don’t we take away one of
                                               law by recognizing Juneteenth as a
                                                                                                        109 days, that is, basically, for every 1.4            their days of paid leave?
                                               Federal holiday.
                                                 Mr. MARKEY. I thank the Senator                        days you work, you get a day off. On a                   So I have an amendment at the desk,
                                               from Texas. This is a thoroughly bipar-                  minimum basis with paid parental                       and I would ask that the Senator from
                                               tisan effort, and it is long overdue.                    leave, for every 1.7 days you work, you                Massachusetts modify his request to
                                                 Madam President, I ask unanimous                       get a day off.                                         include my amendment at the desk;
                                               consent that the Committee on the Ju-                      Now, again, I realize the paid paren-                that the amendment be considered and
                                               diciary be discharged from further con-                  tal leave is a ‘‘just a few times in some-             agreed to; that the bill, as amended, be
                                               sideration and that the Senate now                       body’s career’’ phenomenon, so let’s                   considered read a third time and
                                               proceed to S. 4019; further, that the bill               take a look at this without paid paren-                passed; and that the motions to recon-
                                               be considered read a third time and                      tal leave, and it will show that the                   sider be considered made and laid upon
                                               passed; and that the motion to recon-                    number of days with pay that Federal                   the table.
                                               sider be considered made and laid upon                   workers get off is still quite generous.                 The PRESIDING OFFICER. Does the
                                               the table.                                                 Again, paid holidays, they get 10;                   Senator so modify his request?
                                                 The PRESIDING OFFICER. Is there                        paid leave, 13, up to 26; paid sick leave,               Mr. MARKEY. Madam President, re-
                                               objection?                                               13, for a total of 36 to 49.                           serving the right to object, the Sen-
                                                 The Senator from Wisconsin.                              So, again, going back to that ratio,                 ator’s proposal—rather than allowing
                                                 Mr. JOHNSON. Madam President, in                       the maximum number of days without                     this unanimous consent request to go
                                               reserving the right to object, let me                    paid parental leave, a Federal worker                  through, the Senator proposes to hold
                                               start out by saying that I agree with                    can work 4.3 days and then get a day                   it hostage to taking away the leave
                                               virtually everything my colleagues                       off—basically a 4-day workweek for the                 benefits that come with paid holidays
                                               from both Massachusetts and Texas                        entire year. That is quite generous.                   for American workers. That is some-
                                               have said about celebrating the eman-                      So what I am objecting to is creating                thing we have never done before, and
                                               cipation of the slaves. That was an im-                  a national holiday that gives Federal                  with good reason. We shouldn’t be pe-
                                               portant moment in U.S. history. It                       workers another day off with pay, paid                 nalizing our workers by taking away
                                               should be observed, and it should be                     for by the American taxpayer, and we                   benefits, especially not in the current
                                               celebrated. I have no disagreement                       are collectively already $26.5 trillion in             environment and especially not as the
                                               whatsoever with that at all. The one                     debt.                                                  price to pay for recognizing a long
                                               area of disagreement is how the bill’s                     Last slide. I would like to just, in                 overdue Federal holiday.
                                               sponsors have chosen to celebrate that                   general, talk about the private sector                   I object.
                                               holiday.                                                 pay versus Federal worker pay. I know                    The PRESIDING OFFICER. Objec-
                                                 As the Senator from Massachusetts                      there are some disputes about this in                  tion is heard.
                                               pointed out, since 1865, it has been ob-                 terms of education and that type of                      Is there objection to the original re-
                                               served with celebrations and cookouts,                   thing, but still, this is pretty solid in-             quest?




SSpencer on DSK126QN23PROD with SENATE
                                               which is the appropriate way of doing                    formation.                                               Mr. JOHNSON. Madam President, re-
                                               this. I object to the fact that, by nam-                   The 2018 average annual wage—just                    serving the right to object, and to
                                               ing it a national holiday—and what                       wages, salary or wages—for Federal                     quickly respond to the Senator from
                                               they are leaving out of their argument                   workers is over $94,000. For private sec-              Massachusetts, I am not taking any-
                                               and its main impact—it will give Fed-                    tor workers, the average is about                      thing away from Federal workers. I am
                                               eral workers a paid day off that the                     $63,000 or about 67 percent of what a                  just not willing to give them an extra
                                               rest of America will have to pay for.                    Federal worker makes.                                  day paid.



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                                               S4392                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                                 So if we create Juneteenth as a Fed-                   year, and, somehow, passing a bill that                  ‘‘Free enterprise’’ means you em-
                                               eral paid holiday, they will get an                      would do so much good in a time with                   brace competition. You are not putting
                                               extra day, and I am just saying let’s                    so much hardship might help Repub-                     up barriers to entry. You engage the
                                               keep them whole by removing a paid                       licans who also support the bill, hurt-                consumer so that they can see what
                                               leave day, and then they will have the                   ing Democrats’ chances of taking the                   you are charging them. That does not
                                               exact same number of days off as they                    majority.                                              occur. The alternative will be as clear
                                               have currently, and the American tax-                      As we consider a new relief bill, we                 on the other side of the aisle; they
                                               payer will not be out an extra $600 mil-                 ought to put aside that kind of poli-                  want to make government the business
                                               lion per year or $6 billion over 10 years.               tics-before-people method of legis-                    partner of healthcare. If the industry
                                                 I object.                                              lating. We need to approve the Pre-                    doesn’t get with it and start doing
                                                 The PRESIDING OFFICER. Objec-                          scription Drug Pricing Reduction Act                   what all the rest of us do when we go
                                               tion is heard.                                           as part of this package. Our country is                to the marketplace—embrace competi-
                                                 The PRESIDING OFFICER. The Sen-                        facing the most serious public health                  tion, be willing to compete, don’t ask
                                               ator from Iowa.                                          crisis in a generation—not just a gen-                 for barriers to entry, and, yes, we tell
                                                          PRESCRIPTION DRUG COSTS                       eration, if you think back—in genera-                  the customer what we charge them be-
                                                 Mr. GRASSLEY. Madam President,                         tions.                                                 fore they buy it. That doesn’t happen
                                               before I speak, several of my colleagues                   Millions of Americans are newly un-                  in healthcare.
                                               on this side of the aisle, over the next                 employed, and many small businesses
                                                                                                                                                                 The market is opaque and complex.
                                               several minutes—well, probably for                       have slowed or shuttered altogether.
                                                                                                                                                               There is nothing free about it, except
                                               more than a half hour—will be coming                     People across the country are stretch-
                                                                                                                                                               that drugmakers are free to charge
                                               to the floor to discuss what I am dis-                   ing their paychecks and their savings
                                                                                                                                                               whatever they want. The market is de-
                                               cussing, which is a very important                       to get through this virus pandemic.
                                                                                                          In the CARES Act, passed in March,                   pendent on government-sanctioned re-
                                               problem we have of rapidly increasing                                                                           bates and monopolies by the FDA
                                               drug prices.                                             and in subsequent legislation, we
                                                                                                        helped slow the hurt caused by this                    exclusivities and patent abuse. It is
                                                 After I speak, these other Senators                                                                           time to fix this. PBM may not mean
                                               will come to the floor: Senator BRAUN,                   virus. But there is only so much a
                                                                                                        stimulus check or tax relief can do                    much to the public, but it stands for
                                               Senator CASSIDY, Senator COLLINS,                                                                               pharmacy benefit managers. This is a
                                               Senator       HYDE-SMITH,        Senator                 when your bills just keep coming and
                                                                                                        going up—meaning the pharmaceutical                    structure of middleman that is not
                                               MCSALLY. All of these people have been                                                                          present in other industries. Normally,
                                                                                                        bills.
                                               very favorable in support of the Pre-                                                                           with transparency, prices cascade down
                                                                                                          These drug price increases are a
                                               scription Drug Reduction Act, and I                                                                             through the system in a way that ev-
                                                                                                        weight that Americans shouldn’t have
                                               want to thank them for participating                     to bear, especially seniors on whom the                erybody can see it, and the successful
                                               in bringing attention to this very im-                   virus is taking a particular toll.                     survivors in that industry have per-
                                               portant issue of unjustified increases in                  The increases aren’t a result of a                   formed because they give good value to
                                               drug prices.                                             functioning marketplace or an indus-                   their customers; they keep their over-
                                                 After these folks I just mentioned                     try with healthy competition. Address-                 head low; and they earn the business.
                                               speak, I understand that my colleague                    ing these price increases is also some-                  PBMs use techniques like spread
                                               from Iowa, who is in support of the leg-                 thing we all largely agree on.                         pricing. Normally, there is a spread—
                                               islation, is going to come at a later                      In 2016, the President campaigned on                 you buy it for this and sell it for that—
                                               time today.                                              making the marketplace for prescrip-                   but not where people can’t see it. It is
                                                 So thank you to my colleagues.                         tion drugs fairer and more affordable                  time that we get away from this com-
                                                 According to a recent Gallup poll, 9                   for patients. He won. He even talked                   plexity and the opaqueness of it be-
                                               out of 10 Americans are concerned                        about that promise in a State of the                   cause the day of reckoning will come,
                                               about prescription drug prices. Specifi-                 Union message when he said that he                     and the day of reckoning is not too far
                                               cally, they are concerned that the                       wants Congress to send a bill for him                  away.
                                               pharmaceutical industry will take ad-                    to sign this year.
                                               vantage of the current pandemic to in-                                                                            I recently came from the business
                                                                                                          So the President made that campaign                  world. No one likes the healthcare in-
                                               crease drug prices. That poll was pub-                   promise in 2016, and the President has
                                               lished a month ago. Unfortunately,                                                                              dustry other than the CEOs and owners
                                                                                                        done many things since then to carry                   of these businesses. All of us who have
                                               those concerns have become a reality                     out that campaign promise. He has
                                               now.                                                                                                            to deal with them are just asking for
                                                                                                        even helped me in the development of                   that one simple thing: Show us what
                                                 Two weeks ago, POLITICO reported                       this legislation.
                                               that pharmaceutical companies have                                                                              things cost. Quit hiding it. Insurance
                                                                                                          That was 2016. This is 2020. In 2018, we             companies have these secret deals with
                                               raised prices on hundreds of prescrip-                   have had many House Democrats cam-
                                               tion drugs just during the pandemic.                                                                            hospitals, with pharma, and it is start-
                                                                                                        paign on making the marketplace for                    ing to cost too much. It shows up in
                                               The report says that there have been                     prescription drugs fairer and more af-
                                               more than 800—800—price increases                                                                               the fact that it is nearly 20 percent of
                                                                                                        fordable. Many of them won, and they                   our GDP in the United States, and it
                                               just this year.                                          took over the House of Representa-
                                                 I have been working on a bill for over                                                                        costs almost half of that in most other
                                                                                                        tives. It is time to put politics aside                developed countries. The sad thing is,
                                               a year and a half to stem these in-                      and finally act.
                                               creases and rein in drug prices. It                                                                             the results aren’t any better. In many
                                                                                                          Just because Big Pharma was bank-
                                               would cap costs for Medicare recipi-                                                                            cases, the results are better at a price
                                                                                                        rupting patients before the pandemic
                                               ents, cap increases to the rate of infla-                                                                       that is half the cost.
                                                                                                        doesn’t mean that we should allow
                                               tion, and save taxpayers nearly $100                     them to keep on doing it now. In fact,                   Both Chairman GRASSLEY and I have
                                               billion. It wasn’t simple, but I am glad                 there is no better time to put an end to               talked with President Trump. Presi-
                                               to have produced this kind of bill with                  Big Pharma’s price gouging than right                  dent Trump has been the most vocal
                                               Ranking Member WYDEN and my col-                         now.                                                   individual in DC about trying to get
                                               leagues here with me today.                                I yield the floor.                                   the industry to work like the rest of us
                                                 But I am disappointed. My partner                        The PRESIDING OFFICER. The Sen-                      entrepreneurs do. Every time he has an
                                               and all of my Democratic colleagues                      ator from Indiana.                                     Executive order, they take him to
                                               who approved this bill in committee by                     Mr. BRAUN. Madam President, Sen-                     court. That is ending because just re-




SSpencer on DSK126QN23PROD with SENATE
                                               a vote of 19 to 9 declined to cosponsor                  ator GRASSLEY and I share a passion                    cently the hospitals tried that, and the
                                               an improved version of the bill that                     that I think most Americans do in that                 district court overturned it. They will
                                               they helped put together in the first                    it is time that we end this stranglehold               probably appeal it, and, hopefully, the
                                               place, and this is the work of about 18                  that the healthcare industry has on all                appellate court will overturn it.
                                               months.                                                  of us because they pose as free enter-                   I have a transparency bill which is as
                                                 I can’t be sure why, but I have to as-                 prisers, but there is nothing free about               simple as: Show us what you are charg-
                                               sume it is because it is an election                     the way they actually operate.                         ing us before we engage your service.



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4393
                                               Mr. GRASSLEY has the same thing basi-                    plaining about these surprise billings.                new medicine, it is as if the innovation
                                               cally on drug pricing. Let me tell you                   We wouldn’t be holding our breath. We                  never      occurred.     The     ‘‘Making
                                               how that works.                                          would simply be doing what all edu-                    Coronavirus Drugs Affordable Act’’
                                                 This is a real live experiment that I                  cated consumers do when they go to                     strikes the balance between lowering
                                               put into place 12 years ago. I was so                    buy from a truly free enterprise.                      costs for families and incentivizing
                                               sick and tired of the insurance agents                     I yield the floor.                                   companies to find those cures.
                                               coming in and telling me how lucky I                       The PRESIDING OFFICER (Mr.                             Let me show you what this bill does.
                                               was that it was only going up 5 to 10                    CRAMER). The Senator from Louisiana.                   It caps the patient’s out-of-pocket ex-
                                               percent this year. I didn’t think I was                    Mr.     CASSIDY.      Mr.     President,             penses. It lets patients pay over time.
                                               very lucky. My company wasn’t large                      COVID–19 is a continuing threat to                     It protects patients from price gouging,
                                               enough to spend a lot of time on it.                     Americans’ physical and financial                      and it preserves the incentive for com-
                                               When we got to be 300 employees, that                    health, and it is at this intersection                 panies to find cures. Let me explain
                                               starts to add up. Now we have 1,000 em-                  that Congress can make a meaningful                    each of these.
                                               ployees. Thank goodness my kids have                     impact on the family budgets of all                      First, the bill caps the out-of-pocket
                                               to deal with that with a good, young                     Americans by passing sensible legisla-                 expense for those in the Medicare Part
                                               executive team, but I put something in                   tion to lower the cost of prescription                 D Program, our senior citizens, and
                                               place 12 years ago that I am proud of.                   drugs through measures such as the                     particularly for the most vulnerable
                                                 I said enough was enough. What do                      Prescription Drug Pricing Reduction                    seniors with chronic conditions. Re-
                                               we have that is really going to change                   Act or, as I like to call it, the ‘‘Making             search has shown that seniors are at
                                               the dynamic? You have to remember,                       Coronavirus Medications Affordable                     the most risk for severe complications
                                               this is 12 years ago—talk about trying                   Act.’’                                                 and death from COVID–19. When a
                                               to find transparency then. We were                         There is an urgent need to lower the                 treatment or cure is widely available,
                                               lucky that we were large enough to                       cost of prescription drugs. The high                   cost should never be a barrier for a sen-
                                               self-insure. By doing that, we probably                  price of drugs is not a new problem, but               ior to access the drug that she or he
                                               saved close to 25 percent, and by engag-                 it is a problem that is going to be made
                                                                                                                                                               needs to survive.
                                               ing our employees in their own well-                     worse by the coronavirus pandemic.                       Under the current system, this is
                                                                                                        Millions of households have seen their                 what a senior citizen pays for their me-
                                               being and incentivizing them to shop
                                                                                                        incomes suffer due to economic                         dicinal benefit under Medicare Part D.
                                               around to enable their ability to find
                                                                                                        lockdowns aimed at containing the                      They have a deductible for which the
                                               better prices, it was even there if you
                                                                                                        virus.                                                 senior pays 100 percent; the initial cov-
                                               looked for it hard back then. Long                         It is encouraging that job numbers
                                               story short, we have not had a pre-                                                                             erage phase and the coverage gap
                                                                                                        continue to outpace expectations, but
                                               mium increase at my company in 12                                                                               phase, for which they pay one-fourth of
                                                                                                        still, millions of fellow Americans are
                                               years. I am proud of that. We covered                    out of work, which affects their pock-                 the expense; and then in the cata-
                                               preexisting conditions with no caps on                   etbook and potentially their insurance                 strophic phase, the patient pays 5 per-
                                               coverage because we took a radical                       coverage. Americans do not need the                    cent of the cost no matter how high
                                               change to how healthcare should be                       added burden of expensive drugs, par-                  that expense goes.
                                               bought by the consumer, the employer,                                                                             So let’s imagine a medication which
                                                                                                        ticularly right now.
                                               and forced the transparency out of a                       Congress is providing relief for Amer-               costs over $1 million. They are paying
                                               system that wasn’t giving much of it                     ican families and businesses through                   5 percent of that medication cost, and
                                               then.                                                    the COVID–19 crisis, and we are consid-                if I could stand up any higher—but I
                                                 Now there is more transparency, but                    ering another round of support. I think                keep losing my microphone—they will
                                               it is just on the fringes. If you get that               we should include how do we make                       pay 5 percent of that. Think about a
                                               to happen, prices will cascade down                      drugs more affordable. That way, if                    theoretical drug that costs $3 million a
                                               through the system. President Trump                      folks become ill, they know that they                  year. The senior would be required to
                                               had another Executive order for                          will be able to afford the cure. I believe             pay 5 percent of whatever that drug
                                               pharma—all these expensive drugs you                     the best path forward is the ‘‘Making                  costs. That is under current law. What
                                               see advertised—to put the price along                    Coronavirus Drugs Affordable Act,’’ as                 we are trying to do is fix this. If this
                                               with the advertisement. A lot of times                   I call it, or, as Chairman GRASSLEY                    occurs, the senior will not be able to
                                               it is deceptive—you can get it for as                    calls it, the Prescription Drug Pricing                afford lifesaving medications.
                                               little as $5 a month. Well, somebody is                  Reduction Act. I like mine better.                       Under the legislation that we are at-
                                               paying for that $60,000 or $70,000 drug.                   Now, the difficulty in addressing the                tempting to pass, it would change the
                                               Generally, it is the employer, and the                   issue of the price of medications is that              Medicare Part D standard benefit so
                                               employee some of it, but it is, again,                   a balance must be struck between mak-                  that there is still the initial deductible
                                               due to the fact that we can’t see any-                   ing sure the medication is affordable                  in which the senior pays 100 percent,
                                               thing.                                                   but also making sure there is still a                  but after paying 20 percent of the ini-
                                                 Americans are blindfolded from                         profit motive that will incentivize the                tial coverage phase, there is no longer
                                               prices, only to receive medical bills,                   researchers and pharmaceutical com-                    that 5 percent toward infinity. We
                                               often, that arrive 2 months later. They                  panies to find these cures that we know                make medications affordable for the
                                               have no idea, and they open up the en-                   we need. Just think about it. Without                  senior. If that is all the bill did, we
                                               velope with trepidation. Oh my good-                     innovation, we would not be able to                    would do something quite remarkable
                                               ness. It wasn’t what I thought it would                  find a vaccine for coronavirus—a vac-                  for the ability of a patient to be able to
                                               be. More often than not, it is: Oh, my                   cine that will save millions of lives                  afford a potentially lifesaving drug.
                                               gosh. This is terrible. It has got to end.               worldwide and allow us to go back to a                   By the way, as a physician, I know
                                                 It would be different if we were ask-                  normal life.                                           this is a barrier for patients to be able
                                               ing for something that is radical. What                    Let me just praise the pharma-                       to have their drugs. So we address that
                                               we are asking for is tell us what you                    ceutical industry. We have seen them                   in this bill.
                                               are charging us before we have to en-                    respond to this crisis in many helpful                   The second thing we do—you might
                                               gage your services.                                      ways. Additionally, they recently com-                 say: Wait a second. The senior citizen
                                                 That is why it is so important. The                    mitted a billion dollars to anti-                      if he or she has to pay for all this for
                                               White House is behind it. Hopefully,                     microbial resistance, which is to say,                 a very expensive drug in the month of
                                               the other side of the aisle will get be-                                                                        January, they can’t afford that. Under




SSpencer on DSK126QN23PROD with SENATE
                                                                                                        to find an antibiotic that will work
                                               hind it. Support Chairman GRASSLEY’s                     when other antibiotics no longer do.                   the current situation, the senior has to
                                               bill, the Prescription Drug Pricing Re-                  They have invested in large-scale and                  pay her deductible and her initial cov-
                                               duction Act, and support my bill, the                    rapid treatment options, and, again, it                erage phase whenever it is due, which
                                               Healthcare Price Transparency Act.                       is only through innovation that we will                might be in the first week of the year.
                                               The story I told you about my own                        beat this virus and end the pandemic.                  What we also do in this bill is we give
                                               company would happen across the                            But we must remember this: If a pa-                  the senior citizen the opportunity to
                                               country, and we wouldn’t be com-                         tient cannot afford the innovation, the                pay all this lump sum as a series of



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                                               S4394                                             CONGRESSIONAL RECORD — SENATE                                                        July 22, 2020
                                               payments over 12 months. So let’s                        fool’s gold to say that the House Demo-                and is more opaque than prescription
                                               imagine that this was $10,000. Instead                   cratic bill saves money. It just shifts                drugs.
                                               of having to pay all of it in January,                   it, and it shifts it to the misery of the                The Finance Committee’s bill, the
                                               she could pay $800 every month over                      family who will never enjoy one of                     Prescription Drug Pricing Reduction
                                               the course of the year. That allows her                  these cures that are not otherwise de-                 Act, which I am proud to cosponsor,
                                               to budget and to factor it in with the                   veloped.                                               would make crucial improvements. As
                                               other sources of income that she has.                      To fix the problem of the high cost of               Senator CASSIDY just ably explained,
                                               Not only do we cap the senior citizen’s                  drugs, it will take a bipartisan coali-                one of the most important improve-
                                               out-of-pocket expense, but we also                       tion. We have that with this bill. It                  ments is to Medicare Part D. It would
                                               allow her to pay that expense over a                     ends government handouts to pharma-                    protect our seniors with an out-of-
                                               set of months so she can factor it into                  ceutical companies, but it doesn’t                     pocket spending limit. It would also in-
                                               her budget. That is the second great                     price-fix. It saves $80 billion for the                clude cost-control measures, such as an
                                               thing that this bill does.                               taxpayer and for the patient, and it                   inflationary cap to limit price hikes.
                                                 What is another thing that we do?                      maintains incentives for lifesaving in-                We have made some progress in this
                                               Senator BRAUN also referred to this,                     novations.                                             area.
                                               but we also have cost transparency. If                     Some in this Chamber will be tempt-                    I have authored legislation that is
                                               there is a medication which has the                      ed to stop this bill until after this                  making a difference for patients. One
                                               price being elevated unnecessarily, and                  year’s election. To them, I would say:                 of the laws I authored bans gag clauses
                                               if the customer knew that, she would                     Don’t let politics keep us from deliv-                 that had prohibited pharmacists from
                                               know: Wait a second. I can get my                        ering drug-pricing relief for American                 informing their customers if there were
                                               medications far less expensively here                    families. Too much is on the line, espe-               a less expensive way to purchase their
                                               versus there or, if I accept a substitute,               cially during this pandemic. To do                     prescription drug. Amazingly enough,
                                               again, the medication will be more af-                   nothing while families try to pay med-                 sometimes it is cheaper to pay out-of-
                                               fordable. We mandate that kind of                        ical bills is wrong. Let’s work together               pocket than to use your insurance
                                               price transparency that allows the cus-                  to pass this bill to lower the cost of                 card—not something that most con-
                                               tomer to make an informed decision.                      drugs, to protect innovation, and to                   sumers would ever realize unless the
                                                 Now, I know there are competing                        save lives.                                            pharmacist informed him or her.
                                               ideas on how to lower drug costs. House                    I yield the floor.                                     My bill also updates a 2003 law re-
                                               Democrats, for example, have intro-                        The PRESIDING OFFICER. The Sen-                      quiring drug manufacturers to notify
                                               duced legislation that they claim                        ator from Maine.                                       the Federal Trade Commission of pat-
                                               would lower costs. But, remember, I                        Ms. COLLINS. Mr. President, first,                   ent settlement agreements, giving the
                                               told you that there is this tension. How                 let me recognize and thank Senator                     agency greater visibility into whether
                                               do we preserve the incentive to inno-                    GRASSLEY for his extraordinary leader-                 they include tactics such as anti-com-
                                               vate while still making sure the inno-                   ship on an issue that matters so great-                petitive reverse payments that slow or
                                               vation is affordable?                                    ly to the American people, and that is                 defeat the introduction of lower cost
                                                 House Democrats have put up a bill.                    the high cost of prescription drugs. His               drugs. Another law I authored is help-
                                               Yes, it makes medicine more afford-                      persistence has produced the Prescrip-                 ing to bring lower cost generics to the
                                               able, but it kills the desire to innovate.               tion Drug Pricing Reduction Act, a far-                marketplace more quickly by expe-
                                               The Congressional Budget Office has                      reaching set of bold proposals that I                  diting their approval by the FDA.
                                               estimated that if the bill the House                     strongly endorse and that build on the                   But clearly there is more that we
                                               Democrats have proposed is passed,                       work I have done as the chairman of                    must do. At a time when economic and
                                               there will be 38 fewer cures invented by                 the Senate Aging Committee.                            health security are more linked than
                                               pharmaceutical         manufacturers—38                    More than half of all Americans and                  ever, Congress has an opportunity to
                                               fewer cures.                                             90 percent of our seniors take at least                deliver a decisive victory in lowering
                                                 Let me tell you a story. I mentioned                   one prescription drug each month. We                   costs for patients.
                                               that I am a physician. I came of age in                  should be able to work together to help                  In addition to the Finance Com-
                                               my residency, if you will, when the                      the American people—particularly our                   mittee package, the HELP Committee
                                               AIDS epidemic hit. I was 25 years old                    seniors—on an issue that affects their                 bill—I serve on the HELP Committee,
                                               or 27 years old, and I would see men my                  health and their finances. No senior                   which is chaired by Senator ALEX-
                                               age dying of HIV. We didn’t have an                      should be faced with the choice of buy-                ANDER—incorporated more than 14 bi-
                                               antibody then. If you were diagnosed                     ing food they need, paying a bill for the              partisan measures to increase price
                                               with HIV—again, we called it AIDS                        oil to heat their home, or buying their                competition, including portions of a
                                               then—you basically were dead because                     prescription drug.                                     bill that I introduced with Senator TIM
                                               we had no cures. Since then, we now                        I remember very well being in line at                KAINE, the Biologic Patent Trans-
                                               have medications that—if you are in-                     the pharmacy in Bangor, ME, and the                    parency Act, which is intended to pre-
                                               fected with HIV, you can live until you                  couple in front of me found out that                   vent drug manufacturers from gaming
                                               are 75 years old or 80 years old. We                     their copay was $113. The husband                      the patent system.
                                               have found something that doesn’t                        looked at his wife and he said: Honey,                   Patents are important to encourage
                                               quite cure, but it allows it to be treat-                we just can’t afford that. They left the               the development of earth-breaking,
                                               ed as a chronic condition. What if we                    prescription that one of them needed                   groundbreaking new pharmaceuticals,
                                               didn’t have that cure? What if that                      that was prescribed by their doctor                    but the system should not be gamed so
                                               were one of the 38 cures we never had?                   there on the pharmacy counter. When I                  that when the patent is about to ex-
                                                 What if one of the cures we lose out                   asked the pharmacist how often this                    pire, a host of new patents are filed on
                                               on is a cure for Alzheimer’s? My par-                    happens, he said: Each and every day.                  the medication in order to block a
                                               ents died of Alzheimer’s. All of us know                 Every day.                                             lower cost generic from coming to mar-
                                               somebody affected by Alzheimer’s or                        That is why we should be working to-                 ket.
                                               dementia. What if the cure we lose is                    gether to pass Senator GRASSLEY’s bill,                  In October, the Institute for Clinical
                                               the cure for Alzheimer’s?                                as well as many of the other bipartisan                and Economic Review published its
                                                 You may think you are making medi-                     bills that you have heard described                    first annual report on unjustified price
                                               cations less expensive, but in terms of                  today, including legislation that I have               increases of prescription drugs in our
                                               human life, you are making it that                       advocated to improve the lives of mil-                 country. It should surprise no one that




SSpencer on DSK126QN23PROD with SENATE
                                               much more expensive because instead                      lions of Americans. This goal surely                   HUMIRA, the poster child for patent
                                               of finding that cure for Alzheimer’s,                    should be beyond partisan politics.                    gaming, led the list. HUMIRA’s price
                                               you instead have consigned those peo-                      In just the last year, three Senate                  increased by nearly 16 percent from
                                               ple with Alzheimer’s to a slow, awful                    committees advanced legislation to re-                 2017 to 2018, costing American patients
                                               death—awful for them and awful for                       form our flawed drug-pricing system. I                 and insureds an extra $1.86 billion. Why
                                               their loved ones as they see their par-                  can’t think of anything else that we                   do we want to wait any longer, and how
                                               ents decline. I would argue that it is                   buy where the price is less transparent                did HUMIRA do it? It once again put up



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S4395
                                               this patent thicket—its manufacturer                     mary progressive MS in 2002. Only one                  this country cannot afford their pre-
                                               did—in order to block the lower price                    drug, named OCREVUS, can help slow                     scription drugs due to the anti-com-
                                               biosimilar.                                              the advancement of this disabling dis-                 petitive prices of companies—like
                                                 The Judiciary Committee has ad-                        ease. That drug costs a staggering                     Allergan—that continue to increase
                                               vanced bills that empower the Federal                    $65,000 a year—more than most Mis-                     their prices year after year.
                                               Trade Commission to take more ag-                        sissippians make. Even with good in-                     Today, the threat of the coronavirus
                                               gressive action on drug pricing. This                    surance coverage, Scott cannot afford                  pandemic has only increased concerns
                                               year, the FTC charged the infamous                       the $15,000 copay for OCREVUS, so he                   about drug pricing. As new vaccines
                                               Martin Shkreli with a scheme to in-                      just goes without.                                     and treatments for COVID–19 are being
                                               crease the price of the lifesaving drug                    MS drugs have seen some of the most                  tested and developed, the affordability
                                               Daraprim by more than 4,000 percent                      shocking price increases of all, with                  of prescription drugs is more important
                                               overnight, which was the focus of an                     list prices rising nearly 450 percent                  than ever. Just as much as we need a
                                               Aging Committee investigation that I                     over the last 10 years.                                vaccine or treatment to be discovered,
                                               led with former Senator Claire McCas-                      Two young neurologists in Mis-                       we also need it to be affordable for
                                               kill in 2016.                                            sissippi told me about their Medicare                  Americans if we are going to get on the
                                                 Floor consideration should also allow                  patients who quickly move into the                     other side of this pandemic.
                                               for action on other important prescrip-                  catastrophic phase of Medicare Part D                    I am proud to be an original cospon-
                                               tion drug bills, such as legislation that                early each year. Even though these pa-                 sor of the Finance Committee chair-
                                               Senator JEANNE SHAHEEN and I have                        tients face only a 5-percent out-of-                   man’s     comprehensive     Prescription
                                               authored to eliminate incentives that                    pocket cost for their drugs in this                    Drug Pricing Reduction Act to bring
                                               create price hikes, distorting the insu-                 phase, that small percentage can                       affordability and fairness to the pre-
                                               lin market. Insulin has been around for                  amount to thousands of dollars for the                 scription drug market. This bill must
                                               100 years. I realize there is fast-acting                expensive neurology drugs these pa-                    be an immediate priority for us as lead-
                                               and slow-acting insulin, but there is no                 tients depend on. Because there is cur-                ers if we are serious—if we are seri-
                                               excuse for the skyrocketing price of in-                 rently no Medicare Part D out-of-pock-                 ous—about helping patients afford the
                                               sulin.                                                   et cap, these patients will get no relief              drugs they need.
                                                 There is another bill that I cospon-                   from high drug prices later in the year                  This important legislation would cre-
                                               sored, introduced by Senators KLO-                       when they still have to have them.                     ate a true out-of-pocket cap for Medi-
                                               BUCHAR and GRASSLEY, that would end                        These are just a few of the many sto-                care beneficiaries, reinforce the mar-
                                               pay-for-delay schemes.                                   ries that I have received from Mis-                    ket forces that have supported the re-
                                                 We must come together on prescrip-                     sissippians. I have one of my own as                   search and development of so many
                                               tion drug legislation without further                    well.                                                  miracle cures, keep pharmaceutical
                                               delay. Three committees have pro-                          My mother, a Medicare beneficiary                    companies from price gouging, prevent
                                               duced strong bipartisan bills, and we                    living in Monticello, MS—Hyde, Lor-                    taxpayers from being on the hook for
                                               should proceed to act and pass this leg-                 raine—faced $454.50—right there—in                     unlimited price hacks that have no
                                               islation.                                                out-of-pocket costs for her prescription               basis in the free market, stop the hurt-
                                                 The PRESIDING OFFICER. The Sen-                        eye drops earlier this year. A tiny bot-               ful tactics of pharmacy benefit man-
                                               ator from Mississippi.                                   tle of eye drops cost $454.50. The drug,               agers that hurt patients and commu-
                                                 Mrs. HYDE-SMITH. Mr. President, I                      RESTASIS, has been on the market                       nity pharmacies while enriching the
                                               join my colleagues today in calling on                   well over a decade—more than enough                    middlemen.
                                               this body to include the Prescription                    time for Allergan, the pharmaceutical                    These reforms could reduce out-of-
                                               Drug Pricing Reduction Act of 2020 in                    company that developed the drug, to                    pocket spending on prescription drugs
                                               the next coronavirus relief bill so that                 recoup its investment. Yet the average                 by $72 billion, reduce premiums by $1
                                               we can finally address the high cost of                  wholesale price of this drug has in-                   billion, and save taxpayers $95 billion.
                                               prescription drugs.                                      creased almost 250 percent in 10 years.                The Congressional Budget Office an-
                                                 The troubles caused by skyrocketing                    It was almost unbelievable when my                     ticipates those savings will spill over
                                               drug prices are a never-ending source                    mom called me and told me what she                     into even more savings in the commer-
                                               of worry and hardship for Mississip-                     paid for eye drops.                                    cial health market.
                                               pians and people across this entire                        This case went all the way to the                      This is a priority that should tran-
                                               country. I hear about this issue from                    U.S. Supreme Court because Allergan                    scend party politics. Yet Democrats
                                               constituents more than just about any                    had undertaken what I consider one of                  who had previously supported Chair-
                                               other issue when I go home. I hear this                  the most blatantly anti-competitive                    man GRASSLEY’s reform legislation
                                               all the time. I go to church with people                 schemes in the history of the pharma-                  have walked away from the drug pric-
                                               who have to decide whether they are                      ceutical industry. Fearing competition                 ing negotiation table altogether. They
                                               going to buy their drugs or buy food.                    after its RESTASIS patent expired in                   would rather deny President Trump a
                                               That is a reality we live with.                          2014, Allergan transferred the patents                 victory on this issue than help the mil-
                                                 Let me highlight a few stories shared                  to a Native American Tribe in an at-                   lions of Americans struggling to make
                                               with me by some of my constituents.                      tempt to use the Tribe’s sovereign im-                 ends meet due to high drug costs.
                                                 Emily Quinn lives in Fulton, MS. Her                   munity to shield Allergan against com-                 There is no doubt about it: They are
                                               husband, Brian, was diagnosed with                       petition from lower priced generic al-                 putting election-year politics ahead of
                                               type 1 diabetes at the age of 2 and con-                 ternatives. As I said, this case went all              making prescription drugs affordable
                                               tinues to rely on insulin daily. Her son                 the way to the Supreme Court in 2018.                  for the American people.
                                               Dylan, who is now 16, was diagnosed                        Even though the Supreme Court ulti-                    The American people can’t wait.
                                               with type 1 diabetes at the age of 6.                    mately ruled this scheme was illegal,                  Every month they continue to block
                                               The Quinn family pays more than                          the company’s underhanded ploy suc-                    this vital legislation is another month
                                               $2,700 each month for just Brian’s and                   cessfully delayed competition while it                 of thousands of dollars in insulin ex-
                                               Dylan’s insulin, not including other di-                 continued to reap outrageous benefits                  penses for the Quinn family in Fulton,
                                               abetic equipment and supplies that                       from RESTASIS, costing the U.S.                        MS. Every month delayed is another
                                               they have to have.                                       healthcare system over $2 billion per                  month that Scott Crawford’s MS ad-
                                                 It is shocking that more than a cen-                   year because of their monopoly pricing.                vances because he cannot afford his
                                               tury—a century, not a decade; a cen-                       We want pharmaceutical companies                     medications. Every month is another




SSpencer on DSK126QN23PROD with SENATE
                                               tury, 100 years—after insulin was dis-                   to succeed. The great cures and treat-                 month that those neurologists in Jack-
                                               covered, insulin prices continue to rise                 ments they discover improve the lives                  son will continue to worry about their
                                               by staggering amounts, nearly 300 per-                   of many, many Americans. We recog-                     patients on Medicare who face unlim-
                                               cent over the last 10 years.                             nize that fact. But these cures and                    ited expenses due to no out-of-pocket
                                                 Scott Crawford of Jackson, MS, is a                    therapeutics can only save lives if the                cap.
                                               volunteer advocate for multiple scle-                    patients can afford them. Too many                       These patients, and millions more
                                               rosis. Scott was diagnosed with pri-                     Mississippians and individuals across                  like them, cannot wait until next year



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                                               S4396                                             CONGRESSIONAL RECORD — SENATE                                                            July 22, 2020
                                               or until the coronavirus pandemic                        does just that by holding Big Pharma                     The PRESIDING OFFICER. The Sen-
                                               passes or until Democrats decide to put                  companies accountable for exploiting                   ator from Rhode Island.
                                               the American people over politics.                       loopholes and keeping pricing high for                                  S. 4049
                                                 Mississippians and Americans need a                    seniors, families, and taxpayers. Our                     Mr. REED. Mr. President, I rise, to-
                                               solution now. My friend the Senator                      bill pulls back the curtain on drug pric-              gether with the chairman of the Armed
                                               from Iowa has done the hard work of                      ing and negotiations. It ends the stick-               Services Committee, to talk about the
                                               writing a bill over the past 18 months                   er shock at the pharmacy counter, and                  chairman’s plan to conclude the delib-
                                               that can address the heart of the issue                  it caps out-of-pocket costs for seniors                erations of the legislation before us
                                               and garner bipartisan consensus. I call                  so that Arizonans can afford the medi-                 today.
                                               on my colleagues to include the Pre-                     cines they need.                                          As you well know from being in the
                                               scription Drug Pricing Reduction Act                        According to the Congressional Budg-                committee, this was a process that was
                                               in the next coronavirus relief package.                  et Office, our Prescription Drug Pric-
                                                 I have been very excited to work on                                                                           bipartisan, thoughtful, extremely well-
                                                                                                        ing Reduction Act would save tax-                      orchestrated by the chairman, and we
                                               this. This is one of the very reasons                    payers close to $95 billion, reduce out-
                                               that I came to Washington, DC—to                                                                                accomplished a great deal. As you
                                                                                                        of-pocket spending by $72 billion, and                 know, the members of the committee—
                                               help Mississippians.                                     reduce premiums by $1 billion.
                                                 I yield the floor.                                                                                            we considered literally hundreds of dif-
                                                                                                           This bill is even more important now                ferent amendments by the members as
                                                 The PRESIDING OFFICER. The Sen-                        that we are navigating a global pan-
                                               ator from Arizona.                                                                                              we marked up the legislation. Then we
                                                                                                        demic and its subsequent economic                      passed the bill out of committee, we
                                                 Ms. MCSALLY. Mr. President, I want
                                                                                                        challenges that are squeezing family                   brought it to the floor, and at that
                                               to thank Chairman GRASSLEY for his
                                                                                                        and fixed-income senior budgets even                   point, a total of 880 amendments were
                                               tireless leadership on lowering the cost
                                                                                                        more than in normal times. With over                   filed on the legislation—446 Republican
                                               of prescription drugs for Americans. I
                                                                                                        17 million Americans unemployed—in-                    amendments, 422 Democratic amend-
                                               am proud to join with him on the floor
                                                                                                        cluding many Arizonans—along with                      ments, and 12 joint amendments. So we
                                               today and join him in his legislation
                                               that we must pass to help Americans                      the     ever-looming     threat   of   the             had a rich field to pick from in terms
                                               and to help Arizonans.                                   coronavirus,      affording   prescription             of trying to improve the legislation.
                                                 Everywhere I go—and when I am                          medicine should be the least of their
                                                                                                                                                                  The first substitute that was intro-
                                               hearing from Arizonans—I am con-                         concerns. Our bill would give Ameri-
                                                                                                                                                               duced on the floor to begin formal de-
                                               stantly hearing about the rising costs                   cans and Arizonans one less thing to
                                                                                                                                                               liberation included a total of 79 amend-
                                               of prescription drugs. It is among one                   worry about during these extraor-
                                                                                                                                                               ments—34 Republican amendments, 34
                                               of their top and most pressing con-                      dinarily difficult and unprecedented
                                                                                                                                                               Democratic amendments, and 11 joint
                                               cerns. From seniors who can’t afford                     times.
                                                                                                                                                               amendments. Then we proceeded for-
                                               their medications to parents struggling                     Unfortunately, despite this bill re-
                                                                                                                                                               ward. Last week we came up with an-
                                               to care for a child who suffers from                     ceiving strong bipartisan support until
                                                                                                                                                               other unanimous consent to allow the
                                               chronic conditions, out-of-pocket drug                   just a few months ago, Democrats re-
                                                                                                                                                               votes that took place this week on sev-
                                               costs are too high. Far too many sen-                    cently chose to walk away at the direc-
                                                                                                                                                               eral very important amendments, but
                                               iors and hard-working individuals in                     tion of their party’s leadership, and
                                                                                                                                                               in addition to that, we incorporated
                                               our State either can’t afford both their                 they refused to join in on the reintro-
                                                                                                                                                               another legislative proposal including
                                               groceries and their medications or they                  duction of this legislation that they co-
                                                                                                                                                               62 amendments.
                                               have been forced to ration their pre-                    authored. This happens only in DC.
                                                                                                           Just to be clear: They were for it be-                 So from the introduction of the bill
                                               scriptions because of skyrocketing                                                                              to the floor and to this moment, we
                                               drug costs.                                              fore they were against it. This is mad-
                                                                                                        dening. This is why people all over my                 have adopted 141 amendments. They
                                                 In 2017, AARP Arizona reported that                                                                           are bipartisan, both Democrats and Re-
                                               a whopping 26 percent of our residents                   State are so frustrated with the dys-
                                                                                                        function in this place, where people are               publicans. Now we are at the point—
                                               stopped taking their medications as                                                                             and the chairman, I believe, has a very
                                               prescribed due to cost.                                  willing to put looking for power and
                                                                                                        electoral politics ahead of what people                thoughtful way to conclude the legisla-
                                                 Last fall, I heard from a constituent
                                                                                                        need right now. Right now they need                    tion—to consider another round of
                                               in her midsixties from Green Valley,
                                               AZ, who was diagnosed with rheu-                         relief. They need relief to lower their                amendments and then be able to move
                                               matoid arthritis and taking several                      out-of-pocket costs for all of the issues              to final passage very quickly.
                                               medications to treat her condition.                      that they are facing as seniors, as fam-                  Again, let me conclude by saying
                                               When she transitioned to Medicare                        ilies—any of the diagnoses, any of the                 that the chairman has done a remark-
                                               Part D from her employer’s health                        conditions. These lifesaving and qual-                 able job. I commend him for his bipar-
                                               plan, her out-of-pocket costs for one of                 ity-of-life-improving       medicines—we               tisanship, his thoughtfulness, and his
                                               the drugs she was taking—Enbrel—                         have to lower the costs, and now is the                consideration, and I am completely
                                               went from $10 per month to nearly                        time to do it. Arizona patients and tax-               supportive of his proposal to bring this
                                               $6,000 per month. This is a 600-percent                  payers and families and seniors need                   bill to a conclusion.
                                               increase in her monthly out-of-pocket                    Washington to act now.                                    I yield the floor.
                                               costs just for this drug alone. I don’t                     I want to urge our Democratic col-                     The PRESIDING OFFICER. The Sen-
                                               know anybody who can afford $6,000 a                     leagues to put politics aside. I know it               ator from Oklahoma.
                                               month for one drug as a senior—as any-                   is hard to do in an election year, but                    Mr. INHOFE. Mr. President, first of
                                               one. This is insane. She had to switch                   put it aside. Service before self—that is              all, can I say Senator REED has been
                                               to another medication twice, but be-                     one of the core values I learned in the                incredibly great in this whole process.
                                               cause they were infusions, she now has                   Air Force. I bring it here with me                     We have been working on this for a
                                               to travel 84 miles round trip to get                     today.                                                 whole year now, and we are now to the
                                               treated. The significant jump in drug                       Serving others first—that is why you                point where tomorrow we should be
                                               costs have affected both her pocket-                     are here. Put those politics aside. Let’s              able to pass it out of—it will not be
                                               book even her quality of life.                           act to lower the out-of-pocket costs of                passed at that time. We also have a
                                                 This is unacceptable, and I have                       prescription drugs in our upcoming                     conference we are going to have to be
                                               worked with my Senate colleagues on                      coronavirus relief bill.                               faced with and all that, but today and
                                                                                                                                                               tomorrow morning are very important




SSpencer on DSK126QN23PROD with SENATE
                                               both sides of the aisle, with Chairman                      This is a pivotal moment for action.
                                               GRASSLEY’s leadership, over the past                     We have to come together as a Con-                     to us.
                                               year and a half since I have been in the                 gress to ensure hard-working Ameri-                       The point that is made by Senator
                                               Senate to bring down the costs of drugs                  cans, their families, and seniors can ac-              REED—if you add up all the amend-
                                               and help Americans save more of their                    cess the treatments they need at an af-                ments, really, it is you guys in the
                                               money.                                                   fordable cost.                                         Senate who have drafted this bill. Not
                                                 Senator GRASSLEY’s bill, of which I                       Let’s pass this bill now.                           only are there 141 amendments since
                                               am proud to be an original cosponsor,                       I yield the floor.                                  we came out of the committee, but in



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                                               July 22, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4397
                                               the committee, we had over 800 amend-                    from the package. It will not even ap-                 bolts or a few screws—that product
                                               ments that were part of the bill to                      pear at that time. Otherwise, you need                 cannot lawfully be labeled ‘‘Made in
                                               start with.                                              to be here to object in person.                        the U.S.A.’’
                                                 One of the reasons—and I think I                         We use the term ‘‘balanced.’’ This is                  Because of the flow of interstate and
                                               speak for Senator REED and myself at                     how this works. We have 40 amend-                      international commerce, in which most
                                               the same time. We have had some expe-                    ments that are going to be hotlined to-                manufacturers sell wholesale to na-
                                               riences in the past where, since the                     night. If the Republicans have eight of                tional and international distributors
                                               Senate operates with unanimous con-                      them that they object to and the                       who     then   disperse    products    all
                                               sent, we were unable to have any                         Democrats have seven they object to,                   throughout the country, the other 49
                                               amendments at all on the floor. So in                    they have to find one more to object to                States are forced to comply with this
                                               order to do that, to make sure—if that                   so it ends up being eight and eight or                 one—the most rigid definition—in
                                               should happen again, we wanted to                        so that the number will be equal. It                   order to avoid costly litigation.
                                               make sure we had all these amend-                        sounds a little complicated and it                       For many practical purposes, this
                                               ments already in the bill. So that was                   sounds like something that might not                   just means they can’t use the label. It
                                               our starting point.                                      work, but it will work. We have been                   makes it impracticable as a business
                                                 Now, here is where we are today. We                    doing this now for over a year. Actu-                  matter and not feasible as a legal mat-
                                               had a great vote on the NDAA, receiv-                    ally, we started this process 2 years                  ter for them to claim that label. Even
                                               ing an 87-to-13 vote in favor of ending                  ago. So it is going to be the responsi-                though they could legally boast the
                                               debate on the substitute. That was                       bility of the Democrats and the Repub-                 ‘‘Made in the U.S.A.’’ claim in every
                                               great. That was today. That means we                     licans to make that even so that no                    other State in the country, California
                                               are at kind of the end of this process                   one can say that it is biased to one                   makes it more or less impossible for
                                               now. We have continued to work on an-                    side.                                                  them to do so. In other words, a single
                                               other managers’ package.                                   So all of that is what is going to hap-              State is effectively dictating a coun-
                                                 Last night we hotlined—a lot of the                    pen, and it is very important that staff               try-of-origin label. Think about that
                                               people who may be watching are not fa-                   and Members be aware of that because                   for a minute.
                                               miliar with the terminology. We                          what we don’t want to happen is to                       If California or any other State in
                                               hotlined—we sent out to all the Demo-                    have someone come along and say they                   the Union, for that matter, would like
                                               crats and all the Republicans for any                    were not aware of this process that is                 to create a State-of-origin label, I have
                                               objections they might have—another                       in place. So that is the process we are                no issue with such a State doing that
                                               group of amendments. It was a large                      going to use, and that is one that is                  and wouldn’t suggest that the Federal
                                               group, an equal number of amendments                     fair.                                                  Government ought to undo those pa-
                                               for Democrats and Republicans. It                          Again, I don’t think—and this will be                rameters. But as it currently stands,
                                               came back, and there were a lot of ob-                   the 60th consecutive year. There has                   the     California    law     undermines
                                               jections to it, so we have now taken                     never been a year, in my memory, that                  Congress’s rightful authority to regu-
                                               that and started on one last managers’                   has had more amendments considered                     late interstate commerce and need-
                                               package that we are going to be—a                        than we have considered this year.                     lessly hurts American manufacturers.
                                               modified version that we are going to                      With that, I yield the floor.                          This is one of the reasons we are our
                                               hotline tonight.                                           The PRESIDING OFFICER. The Sen-                      own country. This is one of the reasons
                                                 It is very important that people are                   ator from Utah.                                        we fly the Stars and Stripes. It is one
                                               listening right now. A lot of times peo-                                   f                                    of the reasons the Constitution came
                                               ple aren’t listening. Certainly, the                                                                            into existence to begin with—to give
                                               staffs should let their Members know                        REINFORCING AMERICAN-MADE                           Congress the power to regulate com-
                                               that they are going to get a hotline on                          PRODUCTS ACT OF 2020                           merce between the several States with
                                               actually 40 amendments—20 Demo-                            Mr. LEE. Mr. President, when Ameri-                  foreign nations and with Indians
                                               cratic amendments, 20 Republican                         cans see a ‘‘Made in the U.S.A.’’ label                Tribes. Our previous form of govern-
                                               amendments—tonight. That is going to                     on a product, it is a source of great                  ment, under the Articles of Confed-
                                               be the hotline they are going to look                    pride, and justifiably so. It represents               eration, didn’t create a Congress that
                                               at. Some of your staff and some of the                   the       American        virtues       of             had that power. As a result, in the
                                               Members may not have read these                          entrepreneurialism and industrious-                    early days following the American Rev-
                                               amendments yet. It is likely that is the                 ness. It also alludes to the fact that, as             olution, States were engaging in activi-
                                               case. If you have objections to amend-                   Americans, we have a common sense of                   ties amounting to economic Balkani-
                                               ments in this package—that is what we                    destiny and a common appreciation for                  zation. We saw economic Balkanization
                                               are hotlining—we encourage you to                        the inherent dignity and eternal worth                 among and between the States. That is
                                               lodge those objections with the Cloak-                   of the human soul. It is a symbol of                   why our Founding Fathers gathered in
                                               room. That is when you get these                         support for American manufacturing                     that hot, fateful, and sweltering sum-
                                               things. That is going to be tonight. We                  jobs, for local communities, and for                   mer of 1787 in Philadelphia—for this
                                               will note those objections and see what                  high-quality products. So it often spurs               very reason.
                                               remains.                                                 American consumers as well as foreign                    The     Reinforcing    American-Made
                                                 Tomorrow morning—let’s say all the                     consumers to buy a particular prod-                    Products Act would solve this very
                                               objections have come in. Tomorrow                        uct—a product lucky enough to have                     problem. It would simply ensure that
                                               morning, at a time—we were hoping                        that label.                                            the FTC has the exclusive authority to
                                               that time was going to be around 10:30                     The Federal Trade Commission cur-                    set the national standard for ‘‘Made in
                                               tomorrow, but we know a lot of people                    rently enforces a difficult standard for               the U.S.A.’’ labeling. The legislation
                                               want to talk; a lot of people want to be                 all products that want to claim the                    would provide clarity and consistency,
                                               heard. We can’t control that, but we                     ‘‘Made in the U.S.A.’’ label. It requires              helping American companies to avoid
                                               will ask for unanimous consent to pass                   that ‘‘all or virtually all’’ of a product             unnecessary hardships and frivolous
                                               the package with a balanced number of                    be made in the United States, and it                   lawsuits that would otherwise deter
                                               amendments from both Democrats and                       has issued a lengthy legal guidance                    them from using this coveted and jus-
                                               Republicans. This is tomorrow, hope-                     document—or a series thereof—estab-                    tifiably enviable label of ‘‘Made in the
                                               fully at 10:30, but maybe that will not                  lishing rules for who may and may not                  U.S.A.’’
                                               work.                                                    claim that title.                                        Now more than ever, in the midst of




SSpencer on DSK126QN23PROD with SENATE
                                                 We will require Members who want to                      However, one State holds a different                 the economic turmoil associated with
                                               object to this final package to come                     standard—one that is nearly impossible                 the global pandemic, we ought to be
                                               down to the floor in person and object.                  for businesses to meet. Under Califor-                 doing all we can to support American
                                               If you already have an objection to a                    nia’s law, if more than 5 percent of the               jobs and to strengthen our local com-
                                               specific amendment in this package                       components of a particular product are                 munities. This legislation would help
                                               registered with the Cloakroom, the                       manufactured outside the United                        us accomplish just that. I urge my col-
                                               amendment should have been pulled                        States—even if that means just a few                   leagues to vote in favor of it.



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