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Coronavirus and the PACT Act, July 29, 2020 — Congressional Record, Senate

Summary

Page S4557 of the Senate section of the Congressional Record for July 29, 2020, headed Coronavirus and the PACT Act, in interleaved columns. Mr. Durbin says America has lost nearly 150,000 people to coronavirus-related disease and is approaching 5 million cases, and that the United States has 5 percent of the world's population, which are his remarks. He adds that families are choosing between food and other needs. Another speaker discusses the PACT Act, under which a site that removes a post must tell the user, and says platforms should be transparent about moderation.

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“Coronavirus and the PACT Act, July 29, 2020 — Congressional Record, Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-07-29-crec-2020-07-29-pt1-pgs4557-d7d309990f/, SHA-256 7a2ecbf8a768d402ef10f5e0960af4dad8944b50996d5b2bb7a5f17e165b9be4.

Full text

                                             July 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S4557
                                             themselves to be used by child traf-                     and Twitter would remove a user’s post                                  CORONAVIRUS
                                             fickers and predators, Congress passed                   without explanation and without an                       Mr. DURBIN. Madam President, to
                                             a law to hold these and other sites re-                  appeals process. Even as platforms                     date, America has lost nearly 150,000
                                             sponsible for enabling child sex traf-                   start to shape up their act with regard                people who have died with diseases re-
                                             ficking.                                                 to transparency and due process, it is                 lated to coronavirus. We are quickly
                                               As the previous chairman of the Sen-                   still hard for users to get good informa-              approaching 5 million cases of infec-
                                             ate Commerce Committee and current                       tion about how content is moderated.                   tions in the United States of America.
                                             chairman of the Commerce Sub-                              Under the PACT Act, if a site chooses                  Consider this for a moment. The
                                             committee on Communications, Tech-                       to remove your post, it has to tell you                United States has 5 percent of the
                                             nology, Innovation, and the Internet, I                  why it decided to remove your post and                 world’s population. Yet we have almost
                                             have been focusing on internet issues                    explain how your post violated the                     25 percent of all the COVID infections
                                             related to user-generated content sites                  site’s terms of use. The PACT Act                      in the world. How did we reach this
                                             for the past couple of years. I have                     would also require sites to create an                  point that we have such a rampant rate
                                             chaired several hearings on the topic,                   appeals process, so that if Facebook re-               of infection in what is considered one
                                             including a hearing on terrorist con-                    moves one of your posts, it would not                  of the most developed nations on
                                             tent on sites like Twitter and                           only have to tell you why, but it would                Earth?
                                             Facebook and a hearing on the opaque                     have to tell you a way to appeal that                    Part of the problem is the President,
                                             algorithms that these sites use to filter                decision. To some extent, some plat-                   who peddles worthless medical advice,
                                             the content that users see.                              forms like Facebook are already start-                 and part of the problem is that the Re-
                                               At the end of June, Senator SCHATZ                     ing to do this, but by no means are                    publican Senate has been unwilling to
                                             and I introduced legislation, the Plat-                  they all doing so.                                     face the economic hardships which
                                             form Accountability and Consumer                           The PACT Act would preserve com-                     have been created by this pandemic on
                                             Transparency Act, or the PACT Act, to                    panies’ 230 protections for material                   our economy.
                                                                                                      posted on their sites, but it would re-                  It was 101⁄2 weeks ago that the House
                                             address some of the issues surrounding
                                                                                                      quire companies to remove material                     of Representatives, under Democratic
                                             section 230 and user-generated content
                                                                                                      that has been adjudicated as illegal by                control of Speaker PELOSI, passed the
                                             sites.
                                               Our bill would preserve the benefits                   a court. Large sites like Facebook and                 Heroes Act. That was 101⁄2 weeks ago.
                                                                                                      Twitter would be required to remove il-                They knew this day was coming—when
                                             of section 230, like the internet growth
                                                                                                      legal content within 24 hours, while                   the unemployment benefits that we put
                                             and widespread dissemination of free
                                                                                                      smaller sites would be given additional                in the original legislation would ex-
                                             speech it has enabled, while increasing
                                                                                                      time. Failure to remove illegal mate-                  pire, as they will this week, and the
                                             accountability and consumer trans-
                                                                                                      rial would result in the site’s losing its             help for those who are renting to meet
                                             parency. One reason section 230 has be-
                                                                                                      230 protections for that content or ac-                their obligations would expire, as it did
                                             come so controversial is that internet
                                                                                                      tivity, a provision that matches a re-                 last week. So 101⁄2 weeks ago, Speaker
                                             platforms have cultivated the notion
                                                                                                      cent recommendation made by the De-                    PELOSI put on the table her proposal to
                                             that they are merely providing the
                                                                                                      partment of Justice for section 230 re-                deal with America after these things
                                             technology for people to communicate
                                                                                                      form.                                                  occurred.
                                             and share their thoughts and ideas.                                                                               Today, on the floor of the Senate,
                                               But the reality is somewhat dif-                         Finally, in addition to promoting
                                                                                                      transparency and accountability, the                   Senator MCCONNELL, the Republican
                                             ferent. The truth is that websites have                                                                         leader, called her efforts ‘‘a looney ide-
                                             a strong incentive to exercise control                   PACT Act also contains measures to
                                                                                                      strengthen the government’s ability to                 ological fantasy’’—‘‘a looney ideolog-
                                             over the content each of us sees, be-                                                                           ical fantasy.’’ The obvious question to
                                             cause if they can present us with con-                   protect consumers. As the Department
                                                                                                      of Justice has noted in its rec-                       Senator MCCONNELL, who is the leader
                                             tent that will keep us engaged, we will                                                                         of the majority here in the U.S. Sen-
                                             stay on that site longer. Today, sites                   ommendations to reform section 230,
                                                                                                      broad section 230 immunity can pose                    ate, is, Where have you been for the
                                             like Facebook and Twitter make use of                                                                           last 101⁄2 weeks? Where is the Repub-
                                                                                                      challenges for Federal agencies in civil
                                             sophisticated content moderation tool,                                                                          lican alternative, the Republican sub-
                                                                                                      enforcement matters.
                                             algorithms, and recommendation en-                         It is questionable whether section 230               stitute? Why have we not seen that
                                             gines to shape the content we see on                     was intended to allow companies to in-                 come forward and a real negotiation
                                             these platforms.                                         voke section 230 immunity against the                  take place between the House and the
                                               Moderation can certainly improve                                                                              Senate?
                                                                                                      Federal Government acting to protect
                                             the user experience. Most of us would                                                                             For the longest time, Senator
                                                                                                      American consumers in the civil en-
                                             prefer that YouTube suggest videos                                                                              MCCONNELL told us that he just did not
                                                                                                      forcement context. This contributes to
                                             that match our interest rather than                      the creation of a different set of rules               feel ‘‘a sense of urgency’’ to take up
                                             something completely unrelated. The                      for enforcing consumer protections                     this matter. He did not feel a sense of
                                             problem is that content moderation                       against online companies, compared to                  urgency. Well, history was made in the
                                             has been and largely continues to be a                   those in the offline world.                            Senate Chamber this last Monday, be-
                                             black box, with consumers having lit-                      I am grateful to Senator SCHATZ for                  cause Senator MCCONNELL came to the
                                             tle or no idea how the information they                  his work on this bill, and I am proud of               floor and used the word ‘‘urgent.’’ Fi-
                                             see has been shaped by the sites they                    what we put together. We both have                     nally, urgency is stirring in his loins,
                                             are visiting. The PACT Act would ad-                     done a lot of work on these issues, and                and he announced this week a Repub-
                                             dress this problem by increasing trans-                  this bill is a serious bipartisan solution             lican alternative—but not quite. What
                                             parency around the content modera-                       to some of the problems that have aris-                he announced was a series of bills to be
                                             tion process.                                            en around section 230. Our hearing yes-                introduced by the Republican side—a
                                               It would require internet platforms                    terday, which included one of the origi-               series of bills. We are just days away
                                             like Facebook and Twitter to submit                      nal authors of the section 230 provi-                  from the situation where these issues
                                             quarterly reports to the Federal Trade                   sion, former Representative Chris Cox,                 are expiring, such as unemployment as-
                                             Commission outlining the material                        confirmed that the PACT Act would go                   sistance, and yet, in this circumstance,
                                             they have removed from their sites or                    a long way toward making our user-                     we are dealing with the problem where
                                             chosen to deemphasize—for example,                       generated internet sites more account-                 we do not have alternatives from the
                                             posts they have chosen to mostly ex-                     able to consumers.                                     Republican side. Well, we have some.
                                             clude from users’ feeds.                                   I look forward to working with Sen-                  One was addressed this morning, when
                                               Sites would also be required to pro-                   ator SCHATZ to advance our legislation                 it came to unemployment assistance.




dlhill on DSK120RN23PROD with SENATE
                                             vide an easily digestible disclosure of                  in the Senate, and I hope that we will                   Understand what happened last
                                             their content moderation practices for                   see a vote on our bill in the near fu-                 March 26 when we passed the CARES
                                             users and, importantly, they would be                    ture.                                                  Act. This bill passed 96 to nothing in
                                             required to explain their decisions to                     I yield the floor.                                   the Senate Chamber—unanimous, bi-
                                             remove material to consumers. Until                        The PRESIDING OFFICER. The Sen-                      partisan. But when we sat down to es-
                                             relatively recently, sites like Facebook                 ator from Illinois.                                    tablish the amount of money to be



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                                             S4558                                             CONGRESSIONAL RECORD — SENATE                                                        July 29, 2020
                                             given to unemployed workers in Amer-                     program that would give the unem-                      generous as what a person has in the
                                             ica, we ran into a problem—one we                        ployed workers 70 percent of their last                workplace when you count the benefits
                                             didn’t anticipate. The Secretary of                      wage. They obviously ignored what                      that come with some jobs. Ultimately,
                                             Labor in the Trump administration,                       Secretary Scalia told us just a few                    many workers who are unemployed
                                             Secretary Scalia, came to us and sat                     months ago, and that is that the States                today want to get back to work.
                                             down at the table and said: You have a                   would run into a terrible challenge try-                 We should not assume, as some poli-
                                             lot of interesting formulas when it                      ing to meet this new Republican stand-                 ticians do, that if a person is unem-
                                             comes to unemployment compensation,                      ard of 70 percent of your last paycheck.               ployed, they must be lazy. With 30 mil-
                                             but just remember the reality. The re-                   We were told we couldn’t do that back                  lion unemployed Americans, that is
                                             ality is that 50 different States have 50                in March.                                              hardly the case, and certainly when it
                                             different computer systems, some of                        Has the landscape changed so much                    comes to whether or not people have
                                             which are very modern and up to speed                    when it comes to State computer sys-                   the incentive to go back to work, I be-
                                             and others which are ancient and not                     tems? I doubt it. I doubt it very much.                lieve most Americans do want to work.
                                             up to speed. When you start coming up                    In Illinois we have a good system, but                 The notion that we have to change the
                                             with complex Federal formulas for                        it has been dramatically overwhelmed                   whole system for fear that some might
                                             sending money to unemployed workers                      by the Federal supplemental payment                    not is definitely unfair.
                                             in these States, you are going to run                    and the new pandemic unemployment                        Let me just say this, as we move for-
                                             into 50 different reactions. And that is                 insurance and other provisions that we                 ward with this. I see a colleague on the
                                             exactly what we faced.                                   passed in Washington. So to think that                 floor seeking recognition in a few min-
                                               So the alternative was simple. We ei-                  we could move to a new formula in Illi-                utes. As we move forward with this at-
                                             ther gave a flat-dollar amount in the                    nois while meeting our current obliga-                 tempt to deal with the economy, we
                                             unemployment benefit supplement or                       tions is very difficult in our State,                  have to face the reality, and the reality
                                             we just wondered what the States                         which is more modern than some.                        is, as made clear by the Chairman of
                                             might do with any other formula. So                        Having said that, though, Repub-                     the Federal Reserve, that if we take
                                             the decision was made—with the White                     licans have argued that if by October 1                our foot off the accelerator right now,
                                             House, with the Republicans—for the                      you can’t provide 70 percent by formula                we are going to plunge it over the cliff
                                             $600 a week Federal supplement to un-                    to the unemployed workers, I suppose                   in a deeper economic mess than we are
                                             employment. There was argument on                        they will go back to the $200 a week.                  in today.
                                             the floor that some workers may come                       So what is behind this? What is at                     They are trying, by every means in
                                             out ahead if that happens. Well, un-                     the heart of this? Well, there are sev-                monetary policy and the interest rates,
                                             doubtedly that might be the case, be-                    eral things that I think need to be                    to enliven this economy and create an
                                             cause the Federal supplement was in                      noted on the floor. Here is the assump-                environment where it may reopen soon.
                                             addition to whatever a person qualified                  tion. Listen to this. You have heard it                I hope that happens. But if we take the
                                             for in State unemployment, and each                      over and over, and we heard it again                   Republican approach, a little bit of this
                                             State has a different formula for State                  this morning—the assumption that has                   and a little bit of that, it is not going
                                             unemployment assistance, and each                        been made by the Republicans in their                  to work. We are going to find ourselves
                                             worker has a different work experience                   approach to unemployment insurance.                    with a recession that is even worse.
                                             and salary experience. But we went for-                    They assume that if people are re-                     And for those deficit hawks, how
                                             ward, believing we needed to do some-                    ceiving $600 a week in a Federal supple-               badly do you think our deficit will look
                                             thing dramatic and significant for the                   ment to unemployment, that they are                    if we face an even deeper recession? It
                                             economy and the first place to start                     going to refuse to go back to work,                    is going to get worse and dramatically
                                             was with unemployed workers. Econo-                      even when offered a job. They are mak-                 so. Shouldn’t our first obligation be to
                                             mists will state that when you are fac-                  ing more money to stay home than                       the workers across America who have
                                             ing a recession, when there is a lack of                 they did on the job; at least, that is                 lost their jobs so they can keep their
                                             consumer demand, the first dollar you                    what has been repeated over and over                   families together? This notion of cut-
                                             want to hand out as a government is to                   again.                                                 ting the Federal benefit from $600 a
                                             an unemployed worker. You know they                        This morning, I would like to put in                 week to $200 a week, I can guarantee
                                             are going to spend it. They have to                      the RECORD an article from the Yale                    you, will mean much more traffic and
                                             spend it to pay the rent or the mort-                    News. This Yale study, which was just                  activity at the food pantries around
                                             gage, to pay the utility bills, to put                   released this week, says: The Yale                     America as these unemployed families
                                             food on the table, clothes on the kids,                  study finds expanded jobless benefits                  try to keep things together.
                                             and to pay for health insurance. So we                   did not reduce employment. This is ex-                   Then there is a proposal from the Re-
                                             put money into the economy, and it                       actly the opposite of what we have                     publican side for a three-martini lunch
                                             worked. We managed to slow the de-                       heard over and over again from the Re-                 Federal tax break. A three-martini
                                             cline of the economy, even though we                     publican side.                                         lunch—is that the way out of our eco-
                                             see more unemployment still coming                         This report from Yale economists                     nomic morass? And at the same time
                                             around. It would have been much worse                    said as follows:                                       they are encouraging the three-martini
                                             if we hadn’t made this commitment                          [It found] that workers receiving larger in-         lunch Federal tax break, they will not
                                             and invested in unemployment bene-                       creases in unemployment benefits experi-               give any additional assistance to those
                                             fits.                                                    enced very similar gains in employment by              who are receiving SNAP benefits—
                                               So now, with the expiration of this                    early May relative to workers with less-gen-           those low-income Americans who are
                                                                                                      erous benefit increases. People with more              needing some help just to feed their
                                             Federal unemployment benefit pro-
                                                                                                      generously expanded benefits also resumed
                                             gram on July 31, just a few days away,                   working at a similar or slightly quicker rate
                                                                                                                                                             families. It seems that things are up-
                                             the question is, What will we replace it                 than others did, according to the report.              side down.
                                             with?                                                      The data do not show a relationship be-                The last point I will make is this.
                                               Democrats proposed in the Heroes                       tween benefit generosity and employment                Senator MCCONNELL has said repeat-
                                             Act in the House that we extend the                      paths after the CARES Act, which could be              edly for months: Nothing is going to
                                             current program to the end of this                       due to the collapse of labor demand during             happen in the Senate—nothing—to help
                                             year. That is certainly a direct way to                  the COVID–19 crisis.                                   anybody in America, unless he gets his
                                             deal with this and one that would pro-                     Put in simple terms, there aren’t                    wish to give immunity to American
                                             vide continuing assistance to these                      that many jobs out there looking for                   corporations from coronavirus law-
                                             families.                                                workers, and as it turns out, some un-                 suits.




dlhill on DSK120RN23PROD with SENATE
                                               The Republicans have come up with a                    employed workers have gone back to                       Finally, we get to see his proposal. It
                                             much different approach. What they                       work, even though they might make                      was released this week. I want to tell
                                             suggested is that we take the $600-a-                    slightly less than they did under unem-                you, it is the most dramatic tort re-
                                             week Federal supplement and reduce it                    ployment. Why? The reason is obvious.                  form proposal I have seen since I have
                                             to $200 a week, and then by October 1,                   Unemployment is a temporary benefit.                   served in the U.S. Senate. It basically
                                             we require the States to implement a                     Unemployment may not be as good and                    takes away the rights of workers, as



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                                             July 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4559
                                             well as those who are customers of                       CARES-UI identification vF(1).pdf) addresses           representative sample of the labor market
                                             businesses, from recovering under a                      concerns that the more generous unemploy-              than the Homebase data, and obtained simi-
                                             coronavirus lawsuit. It lowers the                       ment benefits, which provide $600 per week             lar findings. But they stress that their re-
                                                                                                      above state unemployment insurance pay-                sults pertain to the current pandemic period
                                             standard of care that is required of                                                                            of slack labor demand and do not speak di-
                                                                                                      ments, would disincentivize work.
                                             businesses to a level which basically                      The researchers assessed this claim using            rectly to the effects of unemployment bene-
                                             will not protect Americans who face                      weekly     data   from    Homebase    (https://        fits on employment during normal times.
                                             this pandemic across the country. At                     joinhomebase.com/), a company that pro-                   The report’s other authors are Zara Con-
                                             the same time, it is providing assist-                   vides scheduling and timesheet software to             tractor, Lucas Finamor, and Dana Scott (pri-
                                             ance and relief, it is, unfortunately,                   small businesses throughout the United                 mary author), Ph.D. candidates in the De-
                                             creating an environment where some                       States. The findings suggest that, in the ag-          partment of Economics; Ryan Haygood, a
                                                                                                      gregate, the expanded benefits neither en-             rising senior in Yale College and research as-
                                             businesses—some, unfortunately—will
                                                                                                      couraged layoffs during the pandemic’s onset           sistant at the Tobin Center; Ilse Lindenlaub,
                                             not be as careful as they should be in                                                                          assistant professor of economics; Costas
                                                                                                      nor deterred people from returning to work
                                             the way they conduct their businesses                    once businesses began reopening.                       Meghir       (https://economics.yale.edu/people/
                                             with customers and their employees.                        The enhanced unemployment benefits were              faculty/costas-meghir). the Douglas A War-
                                             We know that we face a challenge here                    initiated under the CARES Act, a $2.2 tril-            ner Ill Professor of Economics; Cormac
                                             with this pandemic, but giving this                      lion economic stimulus package enacted on              O’Dea (https://economics.yale.edu/people/fac-
                                             kind of corporate break when it comes                    March 27 that attempted to ease the                    ulty/cormac-odea), assistant professor of eco-
                                             to immunity and liability only will                      pandemic’s severe economic consequences.               nomics; Liana Wang ’20 B.A., an under-
                                                                                                      The expanded benefits, which are set to ex-            graduate research assistant; and Ebonya
                                             make things more dangerous for cus-
                                                                                                      pire July 31, provide a $600 weekly payment            Washington (https://economics.yale.edu/peo-
                                             tomers and employees across the                                                                                 ple/faculty/ebonyawashington), the Samuel
                                                                                                      in addition to any state unemployment in-
                                             United States of America.                                surance. The supplemental payment was de-              C. Park Jr. Professor of Economics.
                                                Let me say a word about what has                      signed to cover 100% of the average U.S.                  The analysis, supported by Yale’s Tobin
                                             been said on the floor over and over                     wage when combined with existing unem-                 Center for Economic Policy, comes as Con-
                                             again by Senator CORNYN and Senator                      ployment benefits. The generosity of an indi-          gress debates whether to extend the ex-
                                             MCCONNELL—the so-called tsunami of                       vidual’s unemployment benefits depends on              panded unemployment benefits. The full re-
                                             lawsuits, the epidemic of frivolous law-                 several factors, including their earnings his-         port is available on the Tobin Center’s
                                             suits, the trial lawyers on parade to                    tory and their state’s schedule of benefits.           website (https://tobin.yale.edu/sites/default/
                                                                                                        The report found that workers receiving              files/files/C–19%20Articles/CARES-UI identi-
                                             the courthouse because of this pan-
                                                                                                      larger increases in unemployment benefits              fication—vF(1).pdf).
                                             demic. Well, we have checked every                                                                                Mr. DURBIN. I yield the floor.
                                                                                                      experienced very similar gains in employ-
                                             lawsuit filed in the United States this                  ment by early May relative to workers with               The PRESIDING OFFICER (Mr.
                                             year     that   mentions     the     word                less-generous benefit increases. People with           SASSE). The Senator from Pennsyl-
                                             ‘‘coronavirus’’ or ‘‘COVID–19.’’ Do you                  more generously expanded benefits also re-             vania.
                                             know how many COVID medical mal-                         sumed working at a similar or slightly                   Mr. CASEY. Mr. President, I rise this
                                             practice cases have been filed so far                    quicker rate than others did, according to             morning to cover a couple of topics.
                                             this calendar year with this so-called                   the report.
                                                                                                        ‘‘The data do not show a relationship be-            One is on some comments on the legis-
                                             tsunami of lawsuits? Six. Six. And how                                                                          lation that I hope we are going to com-
                                                                                                      tween benefit generosity and employment
                                             many consumer personal injury cases                      paths after the CARES Act, which could be              plete to provide relief to the Nation
                                             have been filed this year mentioning                     due to the collapse of labor demand during             with regard to both the public health
                                             ‘‘COVID–19’’ or ‘‘coronavirus,’’ this epi-               the COVID–19 crisis,’’ said Joseph Altonji             crisis and the jobs crisis, and then I
                                             demic, this flood of lawsuits? There are                 (https://economics.yale.edu/people/faculty/jo-         will have two other sets of remarks in
                                             15 across the entire United States of                    seph-altonji), the Thomas DeWitt Cuyler                different parts of the RECORD, but let
                                             America. It is an imaginary problem                      Professor of Economics in the Faculty of
                                                                                                                                                             me start with what we are facing right
                                             that they are creating at this point. We                 Arts and Sciences, and a co-author of the re-
                                                                                                      port.                                                  now.
                                             can deal with it, and 28 States have al-                   Critics argued that the expanded benefits,             We know that it has been 4 months
                                             ready by changing their State laws,                      which exceeded many people’s normal week-              since the CARES Act, way back at the
                                             but giving immunity to corporations                      ly wages, would incentivize businesses to lay          end of March, and we all expected, I
                                             from coronavirus lawsuits will not                       off workers to cut costs and disincentivize            think at that time, that that piece of
                                             make us safer, will not make the work-                   recipients from returning to work. If the en-          legislation and the legislation prior
                                             place safer for workers, or the business                 hanced benefits had these effects, the re-             thereto and subsequently would have
                                             safer for customers.                                     searchers said, the data should show a sig-            an impact on Americans, we hoped, in
                                                If we are going to restore consumer                   nificant drop in employment in the week
                                                                                                      after the CARES Act took effect; it should
                                                                                                                                                             a positive way. I think there is some
                                             confidence, everybody has to pull to-                                                                           evidence to indicate that the CARES
                                                                                                      also show subsequent decreases in relative
                                             gether. We ought to have standards es-                   employment as workers with more generous               Act had a positive impact. Obviously,
                                             tablished by the CDC based on public                     unemployment benefits put off returning to             it was not perfect legislation, but I
                                             health and not politics. And busi-                       work. The data did not yield results that              don’t think any of us thought that was
                                             nesses—conscientious businesses, I am                    support these predictions.                             the end of the road.
                                             sure, will follow those standards be-                      The researchers found no evidence that re-             And then we saw, just 10 weeks ago,
                                             cause they do care. Currently, we don’t                  cipients of more generous benefits were less           the Heroes Act pass the House of Rep-
                                             have these standards, and this effort                    likely to return to work. They also found
                                                                                                      that workers who received larger increases
                                                                                                                                                             resentatives. So you have the CARES
                                             will make it even less likely that we                    in their unemployment benefits relative to             Act enacted into law and operative—
                                             will.                                                    their wages did not experience greater de-             and thank goodness for that—as well as
                                                Madam President, I ask unanimous                      clines in employment after the CARES Act               several other pieces of legislation. But
                                             consent that the Yale News article                       was enacted.                                           the Heroes Act only passed by the
                                             dated July 27, 2020 be printed in the                      The Homebase data primarily covers small             House and no action by the Senate in
                                             RECORD.                                                  businesses that require time clocks for day-           those intervening 10 weeks.
                                                There being no objection, the mate-                   to-day operations. The majority are res-                 If you were on the majority side of
                                             rial was ordered to be printed in the                    taurants, bars, or retail operations. The
                                                                                                      workers represented in the dataset are hour-
                                                                                                                                                             the aisle, the Republican side, as Lead-
                                             RECORD, as follows:                                                                                             er MCCONNELL has outlined, and you
                                                                                                      ly employees who earn relatively low wages.
                                                   [From the YaleNews, July 27, 2020]                                                                        wanted to delay—wait to see the full
                                                                                                      While the data does not represent the entire
                                                 YALE STUDY FINDS EXPANDED JOBLESS                    U.S. labor market, it captures a segment of            impact of the CARES Act—there is an
                                                BENEFITS DID NOT REDUCE EMPLOYMENT                    it that has been disproportionately affected           argument that some would make in
                                                          (By Mike Cummings)                          by the pandemic, the researchers noted.                that direction. I don’t agree with it.




dlhill on DSK120RN23PROD with SENATE
                                               A new report by Yale economists finds no                 The analysis controlled for the severity of          But what I don’t understand is why,
                                             evidence that the enhanced jobless benefits              the COVID–19 pandemic and for the various
                                                                                                                                                             even if you believe that you should
                                             Congress authorized in March in response to              restrictions that states imposed on busi-
                                             the COVID–19 pandemic reduced employ-                    nesses during the public health crisis. The            wait, why would you not be preparing
                                             ment.                                                    researchers tested their results against em-           for the worst? Why would you not be
                                               The report (PDF) (https://tobin.yale.edu/              ployment outcomes in the federal govern-               preparing for the kind of outbreaks we
                                             sites/default/files/files/C–19%   20Articles/            ment’s Current Population Survey, a more               have seen across the country when the



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                                             S4560                                             CONGRESSIONAL RECORD — SENATE                                                           July 29, 2020
                                             virus moved away from the Northeast,                     numbers, and if you happen to be an                    should be no question that in the
                                             generally, to the South and Southwest,                   older citizen and you have all kinds of                United States of America, every nurs-
                                             and then to the West even more so?                       chronic conditions or other health                     ing home has every piece of personal
                                             Why would you not prepare at least an                    issues that might compromise your im-                  protective equipment it needs. PPE is
                                             outline of legislation? Why would you                    mune system or otherwise, you are es-                  lifesaving—lifesaving for the resident
                                             not begin negotiations many, many                        pecially susceptible.                                  to be guarded from contracting the
                                             weeks ago, as opposed to waiting until                     So some would argue: Well, this is                   virus and essential for the workers as
                                             the last minute not just to respond to                   just going to happen. But we know ex-                  well.
                                             the overall problem—the worst public                     actly how to get the numbers down—                        What else do we need the money for?
                                             health challenge in a century—but                        the case numbers down and the death                    If you have a problem in a nursing
                                             also, in a particular way, why would                     numbers. Is it perfect? No. Can we get                 home with an outbreak, we ought to be
                                             you wait, as the majority did, until the                 the 59,000 to zero? Of course not. No one              able to surge expertise from other set-
                                             very last minute on the issue of unem-                   would argue that. But the idea that the                tings. That nursing home might need
                                             ployment insurance when we know                          United States of America, in addition                  more doctors in that crisis or that out-
                                             benefits are running out in a matter of                  to not responding effectively to the                   break. It might need more nurses or
                                             hours, really, not even a few days now?                  onset of the virus itself—I am just                    certified nurses assistants or other per-
                                             So if that is your perspective that we                   talking about a subset or a part of the                sonnel. We should have the dollars at
                                             should have waited, why wouldn’t you                     tragedy, and that is the tragedy in our                the State level to serve those profes-
                                             prepare for the worst so that when the                   nursing homes, both for residents and                  sions. We also need more money for
                                             worst was hitting, or something com-                     their families and for workers and                     testing in nursing homes—vitally im-
                                             parable to that, you would have legis-                   their families.                                        portant.
                                             lation ready to go?                                        We know exactly what works, and I                       I think families across the country
                                               The majority chose to delay, and I                     have a bill that would substantially re-               expect us to directly address this. Un-
                                             think, in a real sense, seemed to adopt                  duce the deaths and the cases. What is                 fortunately, the Republican bill pro-
                                             the President’s kind of virus denial                     it? Well, first of all, it is important to             posed the other day does not do that,
                                             that if you just don’t talk about it or                  know the number—3768. That is the                      does not invest, as my bill would.
                                             if you try to change the subject or, in                  bill. I hope that my bill will be in-                     Here is a headline from just this
                                             the case of the majority, if you don’t                   cluded wholly, or in substantial fash-                 week, July 24, in the New York Times.
                                                                                                      ion, in the next bill. S. 3768, what does              I will not read the story, but the head-
                                             legislate about it or prepare—just pre-
                                                                                                      it do? It allocates $20 billion.                       line is ‘‘FEMA Sends Faulty Protective
                                             pare to legislate about it, it will some-
                                                                                                        Now, we have heard numbers that                      Gear to Nursing Homes Battling
                                             how recede into the background, and
                                                                                                      this next piece of legislation might hit               Virus’’—faulty protective gear. We are
                                             we don’t have to worry about it. Well,
                                                                                                      $1 trillion or more, and I think that is               months into this, and we have FEMA
                                             that delay and that denial has proved
                                                                                                      likely. We should ask ourselves: Can’t                 sending faulty protective gear. Here
                                             to be, I think, misguided, and I think
                                                                                                      we set aside $20 billion of that, a frac-              are the first lines of the story:
                                             that is being charitable.
                                                                                                      tion of that trillion dollar-plus or more                Expired surgical masks. Isolation gowns
                                               So we are faced with a number of
                                                                                                                                                             that resemble oversize trash bags. Extra-
                                             challenges at the same time as we face                   bill that we will pass, we hope? Can’t                 small gloves that are all but useless for the
                                             a public health and jobs crisis. I will                  we set aside a fraction of that for older              typical health worker’s hands.
                                             start with nursing homes and long-                       citizens and their families and the                      It goes on and on. I don’t have time
                                             term care and the very related issue of                  workers who take care of them? These                   to read it all today. But that article
                                             home- and community-based services.                      are Americans who fought our wars.                     and so many other documented reports
                                               We know that in long-term care set-                    They worked in our factories. They                     indicate that these facilities don’t have
                                             tings, most of those settings being                      built the strongest middle class the                   the protective gear they need.
                                             nursing homes, the Nation has endured                    world has ever seen over the course of                   The second issue is unemployment
                                             more than 59,000 deaths. That number                     the last 75 or so years. These are people              insurance. We are told that the major-
                                             may have hit 60,000, but we know that                    who were inventors and innovators.                     ity, in their proposal, wants to cut the
                                             it is more than 59,000 deaths. So more                   These are people who made America                      $600 per week down to $200. Do the
                                             than 40 percent of all the deaths in the                 what it is today. They are our fathers                 math—cutting it by $400 a week. This
                                             United States of America, which is now                   and our mothers, our grandmothers                      is at a time when we are told that since
                                             about to reach 151,000, I think, from                    and grandfathers. They gave us life and                February, the United States has lost 15
                                             what we saw this morning—more than                       love. The least we could do is make an                 million jobs. My recollection is that in
                                             40 percent of those are in long-term                     American effort to get the death num-                  the great recession of around a decade
                                             care settings and most of them in nurs-                  bers down and the case numbers down.                   ago—between the fall of 2008 and some-
                                             ing homes. This isn’t theoretical to                     Anyone who says we can’t do that is                    time in the spring of 2009, roughly—
                                             people out there. This isn’t theoretical                 defeatist and I think invoking an anti-                about half a million jobs were lost. We
                                             to families across my home State of                      American spirit. We know how to do                     have already lost, basically, double
                                             Pennsylvania or a lot of other States                    this.                                                  that—15 million jobs. We were told: Oh,
                                             where, in many States, 60 percent or                       What will the $20 billion go for? It is              don’t worry. April is going to be a bad
                                             more of all the deaths were in long-                     simple but could be profound in its im-                month, and May and June are going to
                                             term care settings. The deaths are, of                   pact.                                                  be a lot better. That unemployment
                                             course, residents of those nursing                         No. 1, we know that one practice in a                rate is just going to roll down from
                                             homes, in addition to workers.                           nursing home that reduces the number                   there.
                                               So when you combine resident deaths                    of cases of people contracting the virus                 I was hoping that would be the case,
                                             and worker deaths, you get more than                     and the death number is cohorting.                     but in Pennsylvania, in April, 1 million
                                             59,000. We have to ask ourselves as                      What does that mean? Separating—sep-                   were unemployed. What was May? For-
                                             Americans: Is that just going to be ac-                  arating those with the virus in the                    tunately, it went down—849,000. I ex-
                                             ceptable? Are we going to stand here 3                   nursing home from those who don’t                      pected June in our State to be a lot
                                             months from now or 4 months or 6                         have it. Nursing homes that did that                   lower than 849,000. Maybe it would go
                                             months from now and say: Wow, it is                      were successful in getting their num-                  down by 100,000 or 150,000; I hoped even
                                             really tragic, all these deaths, and an-                 bers down. They did it early, way back                 more. But, unfortunately, it went from
                                             other 59,000 people died in long-term                    in early March—maybe even earlier in                   849,000 to about 821,000—821,000 people
                                             care settings, mostly nursing homes? Is                  some cases—and it worked. It has been                  out of work in Pennsylvania in the




dlhill on DSK120RN23PROD with SENATE
                                             that the America we want? Is that the                    implemented in a number of States.                     month of June.
                                             America we are going to settle for?                      But that has a cost to it. You might                     We still have a jobs crisis that will
                                               And, oh, I know, I can hear the argu-                  have to build out, and you might have                  endure for a good while yet and, there-
                                             ment: Oh, you know, it is a terrible                     to retrofit.                                           fore, an unemployment crisis. The
                                             virus. It is. It is a virus that hits the                  You also need extra dollars for per-                 worst time to cut those benefits, those
                                             very old in disproportionately higher                    sonal protective equipment. There                      extra benefits, would be right now.



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                                             July 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S4561
                                               I know we have heard the argument                      ing between the food they need for                     would like to be able to think that I
                                             that if you continue this, you are cre-                  their families or paying the mortgage,                 could do that in the face of beatings,
                                             ating a disincentive to work. That is                    choosing between the food they need—                   but I don’t think I could. I really doubt
                                             what we are told. According to the                       groceries—versus paying for their kids’                that I could and that most people
                                             Washington      Center    for    Equitable               medications.                                           could. But he practiced nonviolence
                                             Growth, in a report this month—just a                      The last issue in this part of my re-                and thereby had a huge impact on the
                                             couple of days ago—they found: ‘‘Lack                    marks is on Medicaid. We know that                     American people and American law.
                                             of opportunities to work, not a dis-                     the Senate did the right thing in the                    He served 33 years here in the U.S.
                                             incentive to work, are keeping unem-                     Families First legislation way back in                 House of Representatives. He also
                                             ployment elevated.’’ That is what they                   early March when it increased the                      served on the Atlanta City Council.
                                             found. They documented more than                         matching dollars for Medicaid by 6.2                   When President Obama was bestowing
                                             that statement would entail, but that                    percent. Those matching dollars are                    the Medal of Freedom on John Lewis,
                                             is what they found in their research.                    vital for States to be able to pay for                 he said that John Lewis was ‘‘the con-
                                             They also found 23 percent fewer job                     Medicaid and to be able to balance                     science of the U.S. Congress.’’ It was so
                                             openings in July of 2020 versus July of                  their budgets. The House bill, the He-                 well said.
                                             2019. So there were fewer job openings.                  roes Act, passed 10 weeks ago, I believe,                I think, at a time like this, we are
                                               The Bureau of Labor Statistics in the                  set forth another increase of a higher                 summoned by his enduring example.
                                             Department of Labor said that there                      amount—14 percent—for those match-                     We are summoned by his heroic exam-
                                             are almost four unemployed in the                        ing dollars. I think that makes a lot of               ple to pass the voting rights bill, H.R.
                                             United States for every job opening.                     sense, especially when people are los-                 4, which has been basically sitting here
                                               The third issue, State and local fund-                 ing their jobs every day.                              since December, when the House passed
                                             ing: The Republican proposal has noth-                     We just read a story in the New York                 it. That is the best way to demonstrate
                                             ing to help States and local govern-                     Times last week, I think it was. More                  our gratitude for John Lewis’s con-
                                             ments. We know that State and local                      than 5 million people in the country                   tributions.
                                             governments have to balance their                        have lost their health insurance be-                     The fight against injustice must con-
                                             budgets, so extra dollars can come only                  cause they lost their jobs or for other                tinue. We can’t just say what a great
                                             from one source—the Federal Govern-                      reasons. So a lot of those folks who are               man he was or what a great leader he
                                             ment. State and local governments                        out of luck when it comes to                           was; we have to continue to be inspired
                                             have had to spend more to protect                        healthcare itself are turning to Med-                  by and act against injustice whether it
                                             their citizens with the onset of the                     icaid. We should increase the matching                 is in housing or food insecurity or edu-
                                             virus, the COVID–19 disease, and the                     rate to 14 percent.                                    cation or employment or healthcare or
                                             impact of the virus and the pandemic                       The Republican proposal has no addi-                 otherwise.
                                             blew a hole in their budgets.                            tional dollars for Medicaid. I guess we                  Martin Luther King said one time,
                                               So what is going to happen? A State,                   should not be surprised because the                    ‘‘Until justice rolls down like waters
                                             whether it is a red State or blue State                  White House budget proposals in the                    and righteousness like a mighty
                                             or whatever the political conditions—                    last several years—and I think sup-                    stream.’’ John Lewis’s life was in fur-
                                             they are all the same when it comes to                   ported in large measure by the Repub-                  therance of that goal—to bring about a
                                             revenue loss. Here is what is going to                   lican majority here in the Senate—                     world where justice rolls down like
                                             happen, as sure as night follows day:                    have not only not wanted to increase                   waters and righteousness like a mighty
                                             They are going to have to cut edu-                       dollars for Medicaid, but, in fact, the                stream.
                                             cation. So I would say to school dis-                    White House has proposed cuts of sev-                    I think John Lewis was a patriot in
                                             tricts: Get ready for cuts because if                    eral hundred billion dollars to Med-                   the broadest sense of the word. We
                                             your State cannot balance its budget,                    icaid over a 10-year timeframe several                 know from the song ‘‘America the
                                             there are going to be education cuts.                    years in a row. Republicans in the Sen-                Beautiful,’’ that wonderful line, ‘‘O
                                               There will be cuts to healthcare,                      ate have said very little, if anything,                beautiful for patriot dream that sees
                                             probably Medicaid in most instances,                     against those kinds of proposals.                      beyond the years,’’ that the dream of a
                                             and there will be other cuts. Public                       Let me just move to a separate set of                patriot, when they are fighting on a
                                             transit—we were on a call last night                     remarks.                                               battlefield, is not just about the fight
                                             with transit advocates from around                                  REMEMBERING JOHN LEWIS                      they are in; the dream of a patriot, of
                                             Pennsylvania, and our side is asking                       Mr. President, I have some remarks                   course, is about what happens after,
                                             for more help for transit. But you can                   about U.S. Representative John Lewis,                  that their sacrifice brings about a bet-
                                             go down a long list, whether it is edu-                  whose casket just left in a hearse from                ter world, a more secure country in the
                                             cation or healthcare or even public                      the grounds of the Capitol this morn-                  context of a war or a battle.
                                             safety itself at the local level.                        ing. It was moving to see the number of                  John Lewis also had the dream of a
                                               So we should do a lot more. We                         people who would stand in line for a                   patriot, the dream of a better life for
                                             should be replicating or at least ap-                    long period of time in 97- or 99-degree                Americans, the dream of equal protec-
                                             proximating what the House did when                      heat to pass by his casket.                            tion under the law, the dream of voting
                                             they allocated $875 billion for State                      There is so much we could say about                  rights being protected. In the largest
                                             and local governments combined.                          John Lewis. It is difficult to summa-                  sense of the word, John Lewis was a pa-
                                               How about the Supplement Nutrition                     rize or encapsulate or not repeat our-                 triot.
                                             and Assistance Program? The majority                     selves, but I think in so many ways                      I am almost done. I know I might be
                                             has refused over and over again—cat-                     John Lewis was courage personified.                    overtime, and I know we have a col-
                                             egorically refused—to increase SNAP                      Very, very few Americans—other than                    league waiting. I will be brief. I apolo-
                                             by the percentage that our side has ar-                  those who served in combat itself or in                gize for going a little long.
                                             gued for. I know it is a little easy in                  other instances—could say that they                      We know that there has been a lot of
                                             Washington to talk about hunger and                      have put themselves on the line as he                  debate about what happened when we
                                             food insecurity as some kind of distant                  did with his courage in the face of ha-                had reports in the New York Times and
                                             issue because those of us who serve in                   tred and in the face of brutal beatings                other reports, in June, about the U.S.
                                             this Chamber are not food insure. We                     and otherwise.                                         intelligence community learning that
                                             don’t have to suffer the pain of hunger                    John Lewis helped the United States                  Russian intelligence had offered pay-
                                             that many families are suffering. Many                   in its ongoing work to form a more per-                ments as high as $100,000, transferred
                                             suffered food insecurity long before the                 fect union. There is so much more we                   through a middleman, to kill U.S. serv-




dlhill on DSK120RN23PROD with SENATE
                                             pandemic, but many others—even mid-                      could say about that. He was beaten on                 icemembers in Afghanistan.
                                             dle-class families or people trying to                   multiple occasions for standing up for                   I know that we don’t have time to
                                             get to the middle class—are suffering                    civil rights and, of course, the right to              get into all the details of that today,
                                             from food insecurity because of the                      vote itself. He did all of this—all of                 but we know that the President has, I
                                             virus and the economic downturn.                         this—by practicing nonviolence. I don’t                think, on the record, not said anything
                                             Families, we know, are literally choos-                  know how he did that. I really don’t. I                about this until maybe yesterday in an



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