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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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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/
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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
SSpencer on DSK126QN23PROD with SENATE
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
SSpencer on DSK126QN23PROD with SENATE
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—
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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-
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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
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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-
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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
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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-
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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
SSpencer on DSK126QN23PROD with SENATE
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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