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Congressional Record, Senate, July 29, 2020, Page S4555

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A page of the Congressional Record, Senate, dated July 29, 2020, at page S4555. A Senator criticizes Senate Republicans for what he calls an interminable delay and several incongruent drafts of a relief proposal, saying President Trump called the proposal semi-irrelevant and that it is not a useful starting point. The Senator says Speaker Pelosi and he have started negotiating with the White House chief of staff and Secretary Mnuchin, and, under the heading NLRB Nominations, says the Senate will vote on two nominations to the National Labor Relations Board. The page ends with remarks on health care providers and on websites that knowingly allow criminal content.

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“Congressional Record, Senate, July 29, 2020, Page S4555.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-29-crec-2020-07-29-pt1-pgs4555-2-1a495de723/, SHA-256 4b8d4ff50950fd7099e203a998bf6f10fd9eefd5673390dfe4e9574fc935c890.

Full text

                                             July 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S4555
                                             of extreme judicial nominees humming                     licans are blocking the Republican pro-                it. Senate Democrats spent the entire
                                             along and did little else.                               posal.                                                 month of June asking our Republican
                                               Now, after an interminable delay, the                    So it is abundantly clear that the                   colleagues, including Leader MCCON-
                                             Senate Republicans have finally admit-                   Senate Republican proposal for the                     NELL, to pass crucial legislation related
                                             ted that the country needs relief, but                   next phase of COVID relief is not a use-               to jobs, healthcare, and small business.
                                             they can’t even get their act together                   ful starting point. You don’t have to                  We went on the floor and made those
                                             to produce a halfway legitimate legis-                   take my word for it; just ask President                requests. Republicans blocked every
                                             lative proposal. We all witnessed a                      Trump, who took the podium yesterday                   single one—nearly every single one of
                                             week and a half of infighting on the                     afternoon and called the Senate Repub-                 those requests. So this absurd, nasty
                                             Republican side as the country ca-                       lican proposal ‘‘semi-irrelevant.’’ At                 insinuation by the Republican leader
                                             reened toward several cliffs created by                  this point, I am beginning to wonder                   doesn’t pass the laugh test.
                                             Republican delay. The Republicans                        who does support the Republican pro-                     The fact that Leader MCCONNELL
                                             bickered amongst themselves as the                       posal on COVID–19.                                     would even consider the idea that a po-
                                             moratorium on evictions expired, State                     So here is where we are. We need to                  litical party might deny support for
                                             and local governments shed jobs and                      turn the page on the Republican pro-                   the American people in order to help
                                             cut public services, and the last en-                    posal—and quickly. The legislative                     win an election says more about the
                                             hanced unemployment checks went out                      train wreck by Senate Republicans                      Republican leader than anybody else.
                                             the door.                                                cannot derail our efforts to provide ur-                                NLRB NOMINATIONS
                                               When the Republicans finally con-                      gent, comprehensive, and necessary re-                   On another matter, today the Senate
                                             vinced themselves they were ready to                     lief to the American people.                           will vote on two nominations to the
                                             unveil a plan, instead of presenting a                     Speaker PELOSI and I have started                    NLRB—the National Labor Relations
                                             single, coherent bill, the Republicans                   negotiating with Chief of Staff Mead-                  Board—one nominee from the Repub-
                                             released several incongruent drafts                      ows and Secretary Mnuchin. We want                     lican side and another from the Demo-
                                             that were littered with corporate give-                  to work with our Republican col-                       cratic side. On bipartisan boards and
                                             aways, K Street handouts, and Presi-                     leagues and the White House on a bill                  commissions like the NLRB, this used
                                             dential pet projects.                                    that actually meets the needs of the                   to be the tradition. The President’s
                                               Some Republicans proposed billions                     American people in these unprece-                      party always enjoys a majority on
                                             of dollars for large agribusinesses and                  dented times, but it is going to take                  these boards, but it is crucial for the
                                             defense contractors but not a dime to                    good faith and compromise. We are not                  opposite party, whoever it is at the
                                             help American families stay in their                     hearing that from Leader MCCONNELL.                    time, to have their recommendations
                                             homes. The Republican bill has a tax                       Leader MCCONNELL is already draw-                    approved to these bipartisan boards.
                                             break for three-martini lunches but no                   ing lines in the sand, insisting that any                Unfortunately, the vote comes today
                                             food assistance for hungry kids. There                   agreements include his specific cor-                   after more than 2 years during which
                                             is $2 billion for a new FBI building, the                porate immunity provision—no nego-                     the Republican majority refused to
                                             location of which will increase the                      tiation. Put this provision—extreme                    even schedule a vote on a Democratic
                                             value of the Trump hotel, but no fund-                   provision—in the bill without negotia-                 nominee to the NLRB, Mark Pearce.
                                             ing to help State and local govern-                      tion. That sure doesn’t sound like                     The Republicans waited so long that
                                             ments retain teachers, firefighters,                     someone who wants to reach a bipar-                    both Democratic nominees who were
                                             busdrivers, and other public employees.                  tisan agreement. We are going to need                  already on the NLRB had their terms
                                             There is no support for Medicaid, for                    everyone to pull together. We are going                expire.
                                             nursing homes, or for those with dis-                    to need to focus on the needs of the                     While Democrats look forward to
                                             abilities.                                               American people.                                       confirming Lauren McGarity McFerran
                                               The proposals to support our health                      With all due respect to the Repub-                   to the NLRB later today, we are still
                                             system and to meet our testing needs                     lican leader, Americans on the brink of                frustrated that the Republican major-
                                             are wildly insufficient.                                 eviction are not crying out for a sweep-               ity denied any Democratic representa-
                                               If you are one of the 20 to 30 million                 ing corporate liability shield. No one                 tion on the Board for too long, and
                                             Americans who lost their jobs through                    should be willing to torpedo all the re-               they continue to deny a vote on the
                                             no fault of their own and you can’t find                 lief Americans are counting on unless                  second Democratic seat.
                                             work, Senate Republicans think you                       there is a giant corporate giveaway at-                  I yield the floor.
                                             have it too good right now. You should                   tached.                                                  The PRESIDING OFFICER. The Sen-
                                             take a 30-percent pay cut, Republicans                     Time is short. Speaker PELOSI and I                  ator from South Dakota.
                                             are saying.                                              will be back at the negotiating table                                     CORONAVIRUS
                                               This is not a serious proposal for a                   with the White House later today. It is                  Mr. THUNE. Madam President, I in-
                                             country in the midst of a once-in-a-                     time for our Republican colleagues to                  tend to talk about section 230 here in
                                             generation crisis. So, as you can imag-                  roll up their sleeves and get serious as               just a moment. I just want to react to
                                             ine, when reviews started rolling in                     well.                                                  what the Democratic leader said and
                                             yesterday, they weren’t too positive.                      One final point on this subject. Again               also make some observations generally
                                             One Republican Senator said: ‘‘There                     this morning, the Republican leader                    about where I think we are with re-
                                             are 100 problems with the plan.’’ An-                    continued his ‘‘Alice in Wonderland’’                  spect to a coronavirus relief bill.
                                             other Republican: ‘‘It is a mess. I can’t                interpretation of what has happened.                     The Democratic leader indicated that
                                             figure out what this bill is about.’’ An-                When what has happened is black, he                    the Republican bill wasn’t a serious
                                             other Republican of this Chamber said:                   says white. When what has happened is                  bill. Frankly, I think it could be ar-
                                             ‘‘You look at the package that was                       white, he says black. He is totally the                gued that the bill he has endorsed,
                                             rolled out by the Republican leader-                     opposite of the truth on what has hap-                 passed by the House of Representa-
                                             ship, and it contains virtually nothing                  pened.                                                 tives, was not a serious bill. It was
                                             that will actually aid in the recovery.’’                  He has suggested that Democrats                      about $3.5 trillion, which would make
                                             Those would be harsh criticisms if they                  might be trying to block progress on                   it about $1 trillion larger than the mas-
                                             came from Democrats, but those                           COVID relief because it might suit our                 sive coronavirus relief bill we passed
                                             quotes weren’t from Democrats; those                     party in the election, that we Demo-                   unanimously in the Senate back in
                                             were Republican Senators talking                         crats had decided to stop legislating                  March. That bill, at the time, for a lot
                                             about their own party’s plan.                            until November—I mean, shocking                        of people, represented something un-
                                               Two senior Republican Senators have                    stuff.                                                 like anything they had ever seen be-




dlhill on DSK120RN23PROD with SENATE
                                             said that the Republican proposal                          Over 10 weeks ago, Democrats—                        fore, both in terms of scale and scope,
                                             would be lucky to get even half of the                   Democrats—passed a bill three times                    the expanse of all the issues that it ad-
                                             Republican conference to vote for it.                    the size of the Republican proposal                    dressed. I think in many respects it
                                             Leader MCCONNELL warned Democrats                        that was more generous and beneficial                  was a bill that most Members believed
                                             against blocking the Republican pro-                     to the American people on nearly every                 at the time that we needed to get as
                                             posal. It turns out that Senate Repub-                   measure. Leader MCCONNELL dismissed                    much assistance out there as quickly



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                                             S4556                                             CONGRESSIONAL RECORD — SENATE                                                           July 29, 2020
                                             as we could, and as a consequence of                       So those are the priorities that I                     I hope the Democrats will negotiate
                                             that, there was broad support for that.                  think ought to be in this bill. It seems               in good faith and not simply try to
                                               We are at a different point now, obvi-                 to me there is plenty of room for bipar-               raise the ante because they have a bill
                                             ously, several months later, and have                    tisan cooperation, and it will take                    that has already passed the House at
                                             some perspective that enables us to                      that. It also strikes me that this sug-                $3.5 trillion. That, to me—not to men-
                                             look at what might be effective, what                    gestion that you have to do more dol-                  tion the size of it but also the compo-
                                             has worked, and what hasn’t worked.                      lar-wise isn’t always necessarily a                    nents of it—was a very irresponsible
                                             We have gotten a lot of input from                       sound approach. In fact, I would argue                 bill. That is not a serious bill. And the
                                             State and community leaders, from                        that anything we do right now ought to                 fact that it mentions the word ‘‘can-
                                             businesses, schools, hospitals, and                      be targeted. It ought to be focused on                 nabis’’ more times than it mentions
                                             healthcare providers who have been im-                   those who have needs. If it is assist-                 the word ‘‘jobs’’ I think gives you all
                                             pacted by the virus, and have been able                  ance to State and local governments, if                you need to know about how serious
                                             to respond to what has already been                      it is assistance to small businesses that              that effort was.
                                             done by the Congress in terms of as-                     are out there creating jobs—anything                     But there is a place that we can land
                                             sistance.                                                that we do at this point ought to be                   that addresses those critical elements
                                               So I think at this point, as we look at                based and predicated upon where the                    that I mentioned, and I hope that, not-
                                             what the greatest needs are, it is pret-                 needs are, and we ought to have ac-                    withstanding the rhetoric we are hear-
                                             ty clear that we have to do something                    countability for the funds that are                    ing from the Democratic leader, the
                                             to provide safety net assistance for                     going out there.                                       Democrats will enter into good-faith
                                             those who have lost jobs in the form of                    My impression from the bill passed                   discussions and play a constructive
                                             unemployment insurance. I think there                    by the House Democrats and supported                   role in trying to come up with a bipar-
                                             is a commitment on both sides to ad-                     by many Senate Democrats here is                       tisan solution to the challenges we face
                                             dress that.                                              that the more we spend, the better it                  because of an unprecedented and his-
                                               I would argue that the proposal ad-                    is. I don’t think the American people                  toric pandemic.
                                             vanced by the Democrats, which would                     subscribe to that view. I think they re-                          PACT ACT AND SECTION 230
                                             just be a continuation of the existing                   alize, like I do, that we are operating                  Madam President, yesterday in my
                                             program, is not one that I think most                    in an environment where we have a $26                  role as head of the Commerce Sub-
                                             people across this country think is                      trillion debt, and we have already                     committee on Communications, Tech-
                                             wise policy, and certainly to the degree                 added this year, because of the first                  nology, Innovation, and the Internet, I
                                             that it provides an incentive for people                 coronavirus bill, about another $3 tril-               led a hearing looking at proposed re-
                                             to stay home and not go back to work,                    lion to that debt and increased our                    forms of section 230 of the Communica-
                                             it does provide a disincentive to work.                  debt to GDP ratio up over 100 percent,                 tions Decency Act.
                                               I think that is something this legis-                                                                           So what is section 230? Section 230
                                                                                                      which is pretty dangerous territory if
                                             lation ought to address, and that is                                                                            provides internet sites that host user-
                                                                                                      you look at any relevant metric in his-
                                             pretty much a widely held view, not                                                                             generated content—sites like YouTube
                                                                                                      tory.
                                             just by Republicans but by Democrats.                                                                           or Twitter or Facebook—with immu-
                                                                                                        So I would argue that the approach
                                             There are Democrats here in the Sen-                                                                            nity for the content users post on their
                                                                                                      that we take right now ought to be fo-
                                             ate, Democrats in the House, and                                                                                sites. So, for example, if somebody
                                                                                                      cused, it ought to be targeted, it ought
                                             Democratic Governors who have said                                                                              uploads a YouTube video with defama-
                                                                                                      to be measured, and it ought to be di-
                                             that the existing unemployment ben-                                                                             tory content, YouTube isn’t held re-
                                                                                                      rected to those who really have needs—
                                             efit needs to be modified, needs to be                                                                          sponsible for that content.
                                                                                                      by that, I mean people who are unem-
                                             reformed, needs to be revised.                                                                                    It is not fair to say that section 230
                                               The question has been raised: What                     ployed—through unemployment insur-
                                                                                                                                                             has enabled the internet as we know it.
                                             level? It strikes me, at least, that we                  ance. It ought to be small businesses
                                                                                                                                                             Without section 230 protections, many
                                             ought not be putting a benefit out                       that are trying to keep their employees
                                                                                                                                                             of the sites we rely on for social con-
                                             there that exceeds the amount that                       employed and trying to get back and
                                                                                                                                                             nection or news or entertainment
                                             people would make if they were actu-                     going again and creating jobs. It ought
                                                                                                                                                             would never have come into being. If a
                                             ally working, because what that essen-                   to be healthcare providers who are
                                                                                                                                                             solo blogger, for example, could be held
                                             tially says is that those who are work-                  dealing with the frontline crisis and
                                                                                                                                                             responsible for monitoring each and
                                             ing, those who stayed in the workforce                   also the heavy investment we need to
                                                                                                                                                             every comment on his or her site, no
                                             are basically paying benefits to those                   make in the ultimate solution, which                   matter how many hundreds or thou-
                                             who did not, when, in fact, if there                     will be the vaccine, and, of course, in                sands there are, it is unlikely blogging
                                             weren’t a benefit that exceeded the                      terms of the fall, getting kids back to                would ever have taken off. If YouTube
                                             amount that they made when they                          school. That entails a whole lot more                  were responsible for the content of
                                             were working, they might get back in                     testing. Those are all things that are                 every one of the millions of videos on
                                             the workforce if those jobs become                       included in the bill that was put for-                 its site, it is unlikely that YouTube
                                             available again. That is certainly                       ward by Republicans.                                   would have grown the way that it has.
                                             something we want to incentivize.                          Most of the Democratic objections to                   There is a reason that user-generated
                                               So I would hope that in any deal that                  that bill are that it doesn’t spend                    sites like Twitter and Facebook are
                                             is struck where we address unemploy-                     enough, that it is just not generous                   U.S. companies and not, for example,
                                             ment insurance, we can come up with a                    enough. Well, again, I think we have to                European companies. That is because
                                             solution that does tailor it to the need                 be very, very careful, very thoughtful                 other countries do not offer the liabil-
                                             of the moment, and that is to get peo-                   and aware and conscience of the fact                   ity protections of section 230.
                                             ple back to work. We want to have                        that we are operating at a time when                     But section 230 was written in the in-
                                             policies that create jobs. That is some-                 we have $26 trillion in debt, where                    fancy of the internet, long before sites
                                             thing I think ought to be first and fore-                every dollar we spend is a borrowed                    like Twitter and Facebook were cre-
                                             most in this bill.                                       dollar, and we need to be effective, sur-              ated. As we have seen the internet
                                               We have indicated that this ought to                   gical, targeted, and wise about how we                 grow, we have come to realize that
                                             be about kids, getting them back to                      spend the American people’s hard-                      there are also some changes that need
                                             school in the fall. It ought to be about                 earned tax dollars.                                    to be made.
                                             healthcare, about coming up with                           I am hopeful these discussions will                    For example, while I support the
                                             therapeutics and more testing, better                    lead to a solution. We knew right away                 principle that sites should not be held
                                             testing. It ought to be about ulti-                      that there wasn’t going to be unani-                   responsible for everything users gen-




dlhill on DSK120RN23PROD with SENATE
                                             mately, hopefully, getting a vaccine                     mous support for this. It is not like the              erate, there is a difference between an
                                             and in the meantime making sure that                     last time around, and I have said all                  inappropriate video a site misses and a
                                             we are addressing the needs of our pro-                  along that I wouldn’t expect every Re-                 site that knowingly allows itself to be
                                             viders, those doctors and nurses and                     publican to support the bill that came                 used for criminal purposes.
                                             nursing home caregivers who are on                       out and was released a couple of days                    In 2018, after it became obvious that
                                             the frontlines.                                          ago. I think it is a starting point.                   certain sites were knowingly allowing



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