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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“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/
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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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