Congressional Record, Senate, July 22, 2020, Page S4425
Summary
A page of the Congressional Record, Senate, dated July 22, 2020, at page S4425, under Statements on Introduced Bills and Joint Resolution. Mr. Kaine and Ms. Murkowski introduce S. 4269 to improve maternal health and promote safe motherhood, with Mr. Kaine citing racial and ethnic inequities in maternal and infant mortality. Mr. Thune and Mr. Enzi introduce S. 4275 to require recipients of Pandemic Unemployment Assistance to provide employment documentation, and the text is printed in the Record. Cosponsors are added to amendments to S. 4049, the defense bill, and the page ends with the preamble of a resolution on health care disparities.
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“Congressional Record, Senate, July 22, 2020, Page S4425.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-22-crec-2020-07-22-pt1-pgs4425-8f6bb7d887/
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July 22, 2020 CONGRESSIONAL RECORD — SENATE S4425
the Department of Energy, to prescribe STATEMENTS ON INTRODUCED preventable maternal and infant mor-
military personnel strengths for such BILLS AND JOINT RESOLUTION tality in the United States. I’m calling
fiscal year, and for other purposes. By Mr. KAINE (for himself and on my Senate colleagues to support
AMENDMENT NO. 2435 Ms. MURKOWSKI): this bill and include it in the next
At the request of Mr. VAN HOLLEN, S. 4269. A bill to amend the Public coronavirus relief package so we can
the name of the Senator from Illinois Health Service Act to improve mater- enact positive systemic changes to
(Mr. DURBIN) was added as a cosponsor nal health and promote safe mother- make sure more women and newborns
of amendment No. 2435 intended to be hood; to the Committee on Health, thrive and have the maximum chance
proposed to S. 4049, an original bill to Education, Labor, and Pensions. for success.
authorize appropriations for fiscal year Mr. KAINE. Mr. President. There are
2021 for military activities of the De- significant racial and ethnic inequities By Mr. THUNE (for himself and
partment of Defense, for military con- in maternal and infant mortality rates Mr. ENZI):
struction, and for defense activities of in the U.S. According to the CDC, the S. 4275. A bill to require recipients of
the Department of Energy, to prescribe maternal mortality rate for non-His- Pandemic Unemployment Assistance
military personnel strengths for such panic Black women in 2018 is more to provide employment documentation,
fiscal year, and for other purposes. than 2.5 times higher than the mater- and for other purposes; to the Com-
AMENDMENT NO. 2437 nal mortality rate of non-Hispanic mittee on Finance.
white women, and the infant mortality Mr. THUNE. Mr. President, I ask
At the request of Ms. KLOBUCHAR, the
rate of non-Hispanic Black women is unanimous consent that the text of the
names of the Senator from Illinois (Ms.
more than 2.3 times higher than the in- bill be printed in the RECORD.
DUCKWORTH) and the Senator from There being no objection, the text of
Alaska (Mr. SULLIVAN) were added as fant mortality rate of non-Hispanic
white women. Any pregnant woman the bill was ordered to be printed in
cosponsors of amendment No. 2437 in- the RECORD, as follows:
tended to be proposed to S. 4049, an choosing to have a child should be able
to do so safely without regard to in- S. 4275
original bill to authorize appropria-
come, race, ethnicity, employment sta- Be it enacted by the Senate and House of Rep-
tions for fiscal year 2021 for military
tus, or any other socio-economic fac- resentatives of the United States of America in
activities of the Department of De- Congress assembled,
fense, for military construction, and tor.’
This is why Senator MURKOWOSKI and SECTION 1. SHORT TITLE.
for defense activities of the Depart- This Act may be cited as the ‘‘Pandemic
ment of Energy, to prescribe military I are introducing the Mothers and
Unemployment Assistance Integrity Act’’.
personnel strengths for such fiscal Newborns Success Act, which aims to
SEC. 2. PANDEMIC UNEMPLOYMENT ASSISTANCE.
year, and for other purposes. reduce maternal and infant mortality,
(a) IN GENERAL.—Section 2102(a) of the Re-
ensure that all infants can grow up lief for Workers Affected by Coronavirus Act
AMENDMENT NO. 2441
healthy and safe, and protect women’s (contained in subtitle A of title II of division
At the request of Mrs. GILLIBRAND, health before, during, and after preg-
the name of the Senator from Con- A of the CARES Act (Public Law 116–136)) is
nancy. Our legislation supports innova- amended—
necticut (Mr. BLUMENTHAL) was added tion in maternal health delivery and (1) in paragraph (3)—
as a cosponsor of amendment No. 2441 improves data collection on maternal (A) in subparagraph (A)—
intended to be proposed to S. 4049, an mortality and maternal deaths. The (i) in clause (i), by striking ‘‘and’’ at the
original bill to authorize appropria- bill will help ensure that women are end; and
tions for fiscal year 2021 for military matched with birthing facilities that (ii) by inserting after clause (ii) the fol-
activities of the Department of De- lowing:
are risk-appropriate for their par- ‘‘(iii) provides documentation substan-
fense, for military construction, and ticular needs to improve maternal and
for defense activities of the Depart- tiating employment or self-employment or
neonatal care and outcomes. The legis- the planned commencement of employment
ment of Energy, to prescribe military lation strengthens support for women or self-employment not later than 21 days
personnel strengths for such fiscal during the critical postpartum period, after the date on which the individual sub-
year, and for other purposes. the year after birth, and will help en- mits an application for assistance under this
AMENDMENT NO. 2451 section or is directed by the State Agency to
sure pregnant women get the vaccina-
At the request of Mr. MARKEY, the submit such documentation or has shown
tions they need and are aware of ma-
names of the Senator from California good cause under the applicable State law
ternal health warning signs. The bill for failing to submit such documentation by
(Mrs. FEINSTEIN) and the Senator from promotes maternal health research and the deadline, in accordance with section
California (Ms. HARRIS) were added as the use of telehealth to help high-risk 625.6(e) of title 20, Code of Federal Regula-
cosponsors of amendment No. 2451 in- expectant mothers in geographically- tions, or any successor thereto, except that
tended to be proposed to S. 4049, an isolated areas. The Mothers and such documentation shall not be required if
original bill to authorize appropria- Newborns Success Act is a significant the individual previously submitted such in-
tions for fiscal year 2021 for military step toward reducing racial, ethnic, formation to the State agency for the pur-
activities of the Department of De- pose of obtaining regular or other unemploy-
and geographic inequities in maternal
fense, for military construction, and ment compensation; and’’; and
and infant health. I am glad that my (B) in subparagraph (B)—
for defense activities of the Depart- colleague Rep. Terri Sewell will be in- (i) in clause (i), by striking ‘‘or’’ at the
ment of Energy, to prescribe military troducing companion legislation in the end;
personnel strengths for such fiscal House of Representatives. (ii) in clause (ii), by striking the period at
year, and for other purposes. Given COV1D–19’s disproportionate the end and inserting ‘‘; or’’; and
AMENDMENT NO. 2457 impact on communities of color and re- (iii) by adding at the end the following:
At the request of Mr. MERKLEY, the cent research from the CDC which finds ‘‘(iii) in accordance with section 625.6(e)(2)
names of the Senator from Delaware that pregnant women with COVID–19 of title 20, Code of Federal Regulations, or
(Mr. COONS), the Senator from New any successor thereto, an individual who
are more likely to be hospitalized and
does not provide documentation substan-
York (Mrs. GILLIBRAND), the Senator admitted to the ICU, this legislation is tiating employment or self-employment or
from Rhode Island (Mr. REED) and the especially timely. the planned commencement of employment
Senator from Delaware (Mr. CARPER) No woman should fear for her or her or self-employment under subparagraph
were added as cosponsors of amend- child’s health because of her race. We (A)(iii).’’;
ment No. 2457 intended to be proposed need to ensure more women of color (2) by redesignating paragraphs (4) and (5)
to S. 4049, an original bill to authorize and their children, particularly Black as paragraphs (5) and (6), respectively; and
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appropriations for fiscal year 2021 for women and children, receive equitable (3) by inserting after paragraph (3) the fol-
military activities of the Department care. COVID–19 and its impact on preg- lowing:
‘‘(4) DOCUMENTATION SUBSTANTIATING EM-
of Defense, for military construction, nant women has only underscored the
PLOYMENT OR SELF-EMPLOYMENT OR THE
and for defense activities of the De- need for urgent action. By advancing PLANNED COMMENCEMENT OF EMPLOYMENT OR
partment of Energy, to prescribe mili- evidence-based policies to improve ma- SELF-EMPLOYMENT.—The term ‘documenta-
tary personnel strengths for such fiscal ternal and infant health outcomes, this tion substantiating employment or self-em-
year, and for other purposes. bill will work to reduce and eliminate ployment or the planned commencement of
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S4426 CONGRESSIONAL RECORD — SENATE July 22, 2020
employment or self-employment’ means doc- Then, later on, in 1992, when Presi- $91 billion in Federal loans that fol-
umentation provided by the individual sub- dent George H.W. Bush was in office lowed students to public and private
stantiating employment or self-employment and I was Education Secretary, I colleges of their choice.
and wages earned or paid for such employ-
ment or self-employment, or such informa-
helped the President develop some- Now, the Federal Government also
tion related to the planned commencement thing we called the GI Bill for Kids, provides vouchers to help pay for
of employment or self-employment.’’. which was Federal funds for a $1,000 childcare. The Child Care and Develop-
(b) APPLICABILITY.— scholarship to work with cities and ment Block Grant was negotiated by
(1) IN GENERAL.—Beginning not later than States, like Milwaukee in Wisconsin, John Sununu when he was Chief of
30 days after the date of enactment of this that were trying to give low-income Staff for H.W. Bush in 1990, and what
Act, each State shall require that docu- families more choices of good schools that does is basically give money to
mentation substantiating employment or
for their children. States, and States then give vouchers,
self-employment or the planned commence-
ment of employment or self-employment (as
Then, my last act as Education Sec- just like Pell grants for college, but
defined in section 2102 of the Relief for Work- retary was to notice what they call they give them to working moms, and
ers Affected by Coronavirus Act (contained start-from-scratch schools in Min- they can go pick the childcare center
in subtitle A of title II of division A of the nesota, created by the Democratic- that is best for their child.
CARES Act (Public Law 116–136)) be sub- Farmer-Labor Party. There were about The Federal Government, in 2019,
mitted by any individual who applies for a dozen of them, as I remember, and I provided $8.7 billion and States another
pandemic unemployment assistance under wrote every school district in the coun- $1.2 to provide vouchers to 1.3 million
section 2102 of the Relief for Workers Af- try and asked them to start one of
fected by Coronavirus Act (contained in sub- children.
title A of title II of division A of the CARES
these start-from-scratch schools, which So I think you can see where I am
Act (Public Law 116–136)) on or after the date were the forerunners of today’s public going with this. It is that the idea of
of enactment of this Act. charter schools. Today, we have 7,500 giving parents choices of schools is not
(2) PRIOR APPLICANTS.—Any individual who public charter schools. a new idea. We have done it in colleges
applied for pandemic unemployment assist- Then, in 2004, I tried something I since 1944. We do it with childcare. We
ance under section 2102 of the Relief for called the Pell Grant for Kids, a $500 do it in community colleges. Why not
Workers Affected by Coronavirus Act (con- scholarship that would follow every do it for elementary and secondary
tained in subtitle A of title II of division A middle- and low-income child in Amer-
of the CARES Act (Public Law 116–136)) be- education? Why not give low-income
ica to an accredited program of their families more of the same choices of
fore the date of enactment of this Act and
choosing. good schools that wealthy families
receives such assistance on or after the date
Some people said: Wait a minute. have?
of enactment of this Act shall submit docu-
mentation substantiating employment or You can’t call the Pell grant a voucher. Now, during COVID–19, children in
self-employment or the planned commence- I said: That is precisely what the Pell
all K–12 schools have been affected by
ment of employment or self-employment (as grant is. The Pell grant is a voucher
the disease. There are 100,000 public
defined in such section 2102) not later than 90 that a college student can take to any
schools across our country serving 50
days after the date of enactment of this Act accredited college—public, private, or
million students. That are another
or the individual will be ineligible to receive religious. Why can’t we do that for ele-
pandemic unemployment assistance under 35,000 private schools serving 5 million
mentary and secondary schools?
such section 2102. In 2005, we had a hurricane named students. Many of those schools, public
Katrina, creating devastation on the and private, are choosing not to reopen
By Mr. SCOTT of South Carolina in person this fall.
gulf coast, and Senator Ted Kennedy
(for himself, Mr. ALEXANDER, and I and Senator Landrieu and others Many schools are failing to provide
and Mr. CRUZ): worked together to provide 1.2 billion high-quality distance learning. The
S. 4284. A bill to provide for emer- students who will suffer the most from
Federal dollars in one-time emergency
gency education freedom grants, to this are the low-income children—the
assistance for the 2005–2006 school year
amend the Internal Revenue Code of children from families where both par-
so students enrolled in public or non-
1986 to establish tax credits to encour- ents work away from home every day
age individual and corporate taxpayers public schools—children who were dis-
placed by the hurricane—could enroll or where the only parent works away
to contribute to scholarships for stu- from home every day, children with no
dents through eligible scholarship- in public or private schools while their
families recovered. They got scholar- internet, families who can’t afford to
granting organizations, and for other put a child in a private school if the
purposes; to the Committee on Fi- ships of up to $6,000.
And, more recently, I suggested a public school is not open.
nance. These are the parents who have the
Mr. ALEXANDER. Mr. President, Scholarship for Kids Act. I said: Why
don’t we give a State like Tennessee, greatest need and the children who
today, Senator TIM SCOTT of South have the greatest need. We should ad-
Carolina and I have introduced the Ohio, or North Dakota, the opportunity
to take most of the Federal dollars and dress that need as we think about how
School Choice Now Act, which does two
turn them into scholarships for the to deal with COVID–19.
things: It protects students who have Just as more families need more op-
been attending private schools from lowest income students in their State?
That scholarship would amount to tions, there are fewer scholarships
the heartbreaking loss of scholarships,
$2,100 if we just took the existing available to help them choose private
and it gives families more options for
money we had and spent it that way. schools because there has been less
their children’s education at a time
So that is the strategy that we fol- charitable giving as a result of the pan-
that school is more important than
ever. lowed in this country for many, many demic.
I have been working to find ways to years, ever since 1944, with the GI bill So for low-income students attending
help parents pursue the education that for veterans. private schools on a scholarship, that
best meets their child’s needs for a We all remember what that was. The can mean a heartbreaking end to their
long time, since 1979, when I began to veterans came home and a grateful na- time at school and a transfer to a new
be the Governor of Tennessee. tion gave them a scholarship and said: school that may not meet their needs
In 1986, we Governors got together in Take it anywhere you want, to any col- at all.
something called Time for Results. I lege or accredited school. Take it to That is why Senator SCOTT and I and
was chairman of the National Gov- Notre Dame, take it to Yeshiva, take it others of us recommend that Congress
ernors Association. The vice chairman to a historically Black college, take it first provide sufficient funding for all
of our schools—100,000 public schools
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was the Arkansas Governor, Bill Clin- to Ohio State, take it to Tennessee,
ton, and we devoted the Governors’ at- take it to the Presbyterian school. and 35,000 private—so they can safely
tention for an entire year to one sub- And they have done that, and the GI open this fall with as many students
ject—education. bill may be one of the most certainly physically present as possible.
There were six points. One of those successful pieces of legislation ever en- I have suggested that the cost of this
points way back then was to find ways acted. to the taxpayers could be as much as
to give parents more choices of schools Last year, there were over $28 billion $70 billion. The House of Representa-
for their children. in Federal Pell grants and more than tives has appropriated $58 billion.
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July 22, 2020 CONGRESSIONAL RECORD — SENATE S4427
If Congress were to agree on the MURRAY, Ms. HASSAN, Mr. KAINE, Ms. on the basis of race, color, national origin,
higher number, $70 billion, that would DUCKWORTH, Mr. SCHATZ, Mr. CASEY, sex, age, or disability in certain health pro-
be about $1,200 for every one of the 55 Mr. DURBIN, Mr. REED, Ms. STABENOW, grams, building on other Federal civil rights
laws;
million public and private school stu- and Mr. KING) submitted the following Whereas the Patient Protection and Af-
dents in the country. resolution; which was referred to the fordable Care Act required reporting to Con-
The School Choice Now Act that Sen- Committee on Health, Education, gress on health disparities based on race,
ator SCOTT and I are offering is about Labor, and Pensions: color, national origin, sex, age, or disability;
the 5.7 million of those 55 million chil- S. RES. 655 Whereas several Federal programs have
dren who attend the 35,000 nonpublic, Whereas the United States ratified over 350 been established to address some, but not all,
private, or religious schools. It pro- treaties with sovereign indigenous commu- of the health outcomes that are dispropor-
nities, has broken the promises made in such tionately experienced by communities of
vides scholarships to students to have color, including sickle cell disease, tuber-
the opportunity to return to the pri- treaties, and has historically failed to carry
out its trust responsibilities to Native Amer- culosis, infant mortality, and HIV/AIDS;
vate school they attended before the Whereas the National Center for Chronic
icans, including American Indians, Alaska
pandemic and gives other students a Disease Prevention and Health Promotion
Natives, and Native Hawaiians, as made evi-
new opportunity to attend private dent by the chronic and pervasive under-
works to raise awareness of health dispari-
school by doing two things: One, pro- ties faced by minority populations in the
funding of the Indian Health Service and
viding one-time emergency funding for United States, such as Native Americans,
Tribal, Urban Indian, and Native Hawaiian
Asian Americans, Black Americans, and
scholarship-granting organizations. health care, the vast health and socio-
Latino Americans, aiming to reduce risk fac-
These are nonprofits that do the impor- economic disparities faced by Native Amer-
tors for groups affected by such health dis-
tant work of helping students attend ican people, and the inaccessibility of many
parities;
private schools in each State. These Federal public health and social programs in
Whereas the United States’ health care
Native American communities;
scholarship-granting organizations will system and other economic and social struc-
Whereas people of Mexican and Puerto
use this one-time funding to provide tures remain fraught with racism and racial,
Rican descent, who became Americans ethnic, sex (including sexual orientation and
families with direct educational assist- through conquest, were subject to, but never gender identity), and class biases that lead
ance, including private school tuition full members of the polity of the United to health inequity and health disparities;
as well as homeschooling expenses. States and experienced widespread discrimi- Whereas life expectancy rates for Black
No. 2, this act would provide perma- nation in employment, housing, education, and Native American people in the United
nent dollar-for-dollar Federal tax cred- and health care; States are significantly lower than those of
its for contributions to those scholar- Whereas the immoral paradox of slavery white people in the United States;
and freedom is an indelible wrong traced Whereas disparities in health outcomes are
ship-granting organizations. What this
throughout the Nation’s history, as African exacerbated for LGBTQIA+ people of color;
means is that any American taxpayer Americans lived under the oppressive insti-
who makes a charitable donation to Whereas disparities in health outcomes are
tution of slavery from 1619 through 1865, en- worsened for people of color with disabilities
one of these nonprofits that provide dured the practices and laws of segregation due to bias and inequitable access to health
scholarships to students will receive a during the Jim Crow Era, and continue to care;
credit on their Federal taxes equal to face the ramifications of systemic racism Whereas several States with higher per-
the amount the taxpayer donated. The through unjust and discriminatory struc- centages of Black, Latino, and Native Amer-
same goes for private companies that tures and policies; ican populations have not expanded their
Whereas, before the enactment of the Medicaid programs—continuing to disenfran-
make donations to these organizations.
Medicare program, the United States’ health chise minority communities from access to
The School Choice Now Act is not a care system was highly segregated, and, as health care to this day;
Federal mandate. States are free to late as the mid-1960s, hospitals, clinics, and Whereas 16 States have failed to take ad-
create their own tax credit scholarship doctors’ offices throughout Northern and vantage of the Federal option to expand ac-
programs that work for the unique Southern States complied with Jim Crow cess to Medicaid and the Children’s Health
needs of students in their States. laws and were completely segregated by Insurance Program to lawfully-residing im-
States that don’t want to support race—leaving Black communities with little migrant children within the first 5 years of
scholarships to private schools are not to no access to health care services; lawful status, and 26 States have failed to do
Whereas, between 1956 and 1967, the Na- so for similarly-situated pregnant women;
required to accept these funds. They
tional Association for the Advancement of Whereas, between 2016 and 2018, the child
can be returned to the Secretary, and Colored People (NAACP) Legal Defense and uninsured rate increased from 4.7 percent to
the funds will be redistributed to Education Fund litigated a series of court 5.2 percent and the Latino child uninsured
States that want the funds. cases to eliminate discrimination in hos- rate increased from 7.7 percent to 8.1 per-
This bill is about one of the great pitals and professional associations; cent, and children of color are far more like-
principles of what it means to be an Whereas the landmark case Simkins v. ly to be uninsured than white children;
American: the principle of equal oppor- Moses H. Cone Memorial Hospital, 323 F.2d Whereas a climate of fear and confusion for
tunity. For me, equal opportunity 959 (1963), challenged the Federal Govern- immigrant families due to the public charge
ment’s use of public funds to expand, sup- rule discourages such families from enrolling
means creating an environment in
port, and sustain segregated hospital care, eligible children in Medicaid and the Chil-
which the largest number of people can and provided justification for title VI of the dren’s Health Insurance Program;
begin at the starting line. When every- 1964 Civil Rights Act and the Medicare hos- Whereas Pacific Islanders from the Freely
one is at the starting line in America, pital certification program—establishing Associated States experience unique health
anything is possible. Giving children Medicare hospital racial integration guide- disparities resulting from United States nu-
more opportunity to attend a better lines that applied to every hospital that par- clear weapons tests on their home islands,
school is the real answer to inequality ticipated in the Federal program; but such people have been categorically de-
in America. Whereas, in 1967, President Lyndon B. nied access to Medicaid and other Federal
Johnson established the National Advisory health benefits;
f Commission on Civil Disorders, which con- Whereas the United States has historically
SUBMITTED RESOLUTIONS cluded that white racism is responsible for facilitated outsider status toward Asian
the pervasive discrimination and segregation Americans and Pacific Islanders, such as the
in employment, education, and housing, re- authorization of the internment of Japanese
SENATE RESOLUTION 655—DECLAR- sulting in deepened racial division and con- Americans during World War II, which re-
ING RACISM A PUBLIC HEALTH tinued exclusion of Black communities from sulted in profound economic, social, and psy-
the benefits of economic progress; chological burdens for the people impacted;
CRISIS Whereas language minorities, including Whereas the history and persistence of rac-
Mr. BROWN (for himself, Mr. BOOK- Latinos, Asian Americans, and Pacific Is- ist and non-scientific medical beliefs are as-
ER, Ms. HARRIS, Mr. SCHUMER, Mr. CAR- landers, were not assured non-discriminatory sociated with ongoing racial disparities in
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PER, Mr. MARKEY, Mr. WYDEN, Ms. access to Federally-funded services, includ- treatment and health outcomes;
BALDWIN, Mr. BLUMENTHAL, Mr. HEIN- ing health services, until the signing of Ex- Whereas implicit racial and ethnic biases
ecutive Order 13166 in 2000; within the health care system have an im-
RICH, Mr. BENNET, Ms. SMITH, Mr.
Whereas the Patient Protection and Af- pact on the quality of care experienced by
CARDIN, Mrs. FEINSTEIN, Mr. SANDERS, fordable Care Act included provisions to ex- communities of color, such as the under-
Ms. WARREN, Mr. VAN HOLLEN, Ms. pand the Medicaid program and—for the first treatment of pain in Black patients;
KLOBUCHAR, Mr. MERKLEY, Mr. MENEN- time in the United States—established a Whereas the historical context of unethical
DEZ, Mr. WHITEHOUSE, Ms. HIRONO, Mrs. Federal prohibition against discrimination practices and abuses experienced by Black
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