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Senate on Coronavirus Relief, Schools and Childcare — Congressional Record, August 3, 2020

Summary

Page S4655 of the Senate section of the Congressional Record for August 3, 2020, headed Senate on Coronavirus Relief, Schools and Childcare, in interleaved columns. The Senate proceeds to executive session to resume a nomination, and a speaker says Democrats believe schools need more teachers and money to reopen safely and want funding so children and adults do not go hungry, which is that speaker's view. Mr. Cornyn then speaks, citing stories from trainers, coaches and basketball league employees about camps in China. A 2018 Pew study is cited, saying 7 out of 10 Americans thought social media politically biased.

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“Senate on Coronavirus Relief, Schools and Childcare — Congressional Record, August 3, 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-03-crec-2020-08-03-pt1-pgs4655-5-7b70f21128/, SHA-256 bcdae78bd181edf7482a48410d19fd2512860a96177c90ac268a8ee2f9e74f31.

Full text

                                               August 3, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                 S4655
                                                         EXECUTIVE SESSION                             need more teachers. These are very im-                 lution—a bold, comprehensive solution
                                                                                                       portant things we need to do to open                   that will slay this awful virus and its
                                                                                                       schools safely, but they demand more                   consequences once and for all.
                                                      EXECUTIVE CALENDAR                               dollars. As we sat in a room today, we                   I yield the floor.
                                                 The PRESIDING OFFICER. Under                          discussed our views as to how many                       I suggest the absence of a quorum.
                                               the previous order, the Senate will pro-                dollars are needed.                                      The PRESIDING OFFICER. The
                                               ceed to executive session to resume                        The same thing with food safety—we                  clerk will call the roll.
                                               consideration of the following nomina-                  Democrats believe that during this cri-                  The senior assistant legislative clerk
                                               tion, which the clerk will report.                      sis, children and adults should not go                 proceeded to call the roll.
                                                                                                       hungry, and we proposed money to en-                     Mr. CORNYN. Madam President, I
                                                 The legislative clerk read the nomi-
                                                                                                       sure that there are SNAP benefit in-                   ask unanimous consent that the order
                                               nation of Mark Wesley Menezes, of Vir-
                                                                                                       creases to help people to feed them-                   for the quorum call be rescinded.
                                               ginia, to be Deputy Secretary of En-
                                                                                                       selves, that there is enough money to                    The PRESIDING OFFICER (Ms.
                                               ergy.
                                                                                                       feed the kids who used to get school                   ERNST). Without objection, it is so or-
                                                 Mr. MCCONNELL. Mr. President, I
                                                                                                       breakfasts and lunches, and that there                 dered.
                                               suggest the absence of a quorum.
                                                                                                       is enough money at food banks and                      ONE-YEAR ANNIVERSARY OF EL PASO SHOOTING
                                                 The PRESIDING OFFICER. The
                                               clerk will call the roll.                               other places so they can feed their fam-                 Mr. CORNYN. Madam President, 1
                                                 The legislative clerk proceeded to                    ilies. That costs money. The Senate                    year ago, a gunman stormed into an El
                                               call the roll.                                          Republican proposal here proposed a                    Paso Walmart and opened fire. There
                                                 Mr. SCHUMER. Mr. President, I ask                     tax break for a three-martini lunch and                were 46 people shot; 23, tragically, died;
                                               unanimous consent that the order for                    a $20 billion slush fund for big agri-                 and the devastation in this tight-knit
                                               the quorum call be rescinded.                           business but no money for these kids                   community was beyond imagination.
                                                 The PRESIDING OFFICER. Without                        who need to be fed. That is a signifi-                 The heartbreak and confusion quickly
                                               objection, it is so ordered.                            cant difference. There are many. There                 turned to rage when we learned that
                                                                                                       are many.                                              this out-of-town shooter was a white
                                                  RECOGNITION OF THE DEMOCRATIC LEADER
                                                                                                          We Democrats believe strongly that                  supremacist whose crime could only be
                                                The PRESIDING OFFICER.                           The                                                          described as domestic terrorism.
                                                                                                       we have to have free and fair elections
                                               Democratic Leader is recognized.                                                                                 As my good friend El Paso Mayor Dee
                                                                                                       and that the mail must be delivered in
                                                                 CORONAVIRUS
                                                                                                       a timely way because so many more                      Margo has said many times over the
                                                 Mr. SCHUMER. Mr. President, I just                    people are going to vote by mail. So                   last year, we will not let this evil de-
                                               heard the Republican leader speak out                   many polling places need to be set up                  fine us. He wrote in an op-ed this week-
                                               on the floor. Leader MCCONNELL is busy                  because, with COVID, you can’t be                      end: ‘‘El Paso will not be known for
                                               giving partisan speeches while for the                  close together.                                        tragedy but for our strength and grace
                                               last 21⁄2 hours Speaker PELOSI, myself,                    There is a long list of things that are             in the midst of tragedy.’’
                                               Secretary of Treasury Mnuchin, and                      needed. The good news is, our Repub-                     That strength comes to mind when I
                                               Chief of Staff Meadows were sitting in                  lican colleagues agree with a few of                   reflect on this terrible anniversary.
                                               a room working hard, trying to narrow                   them, but some they don’t agree with,                  When I visited El Paso the day after
                                               our differences and come to an agree-                   and we are discussing why we think                     the shooting, I saw the makeshift me-
                                               ment. We all want to come to an agree-                  they need them, and they will counter                  morial that was created to honor those
                                               ment. We know the gravity of the situ-                  with us in the room—Mnuchin and                        who died. On that first day, the collec-
                                               ation demands it. We will continue to                   Meadows. But the discussion is nec-                    tion of photos, flowers, and mementos
                                               work and work at it.                                    essary, the discussion is productive,                  was relatively small—maybe just a few
                                                 We had a productive meeting. We                       and we will continue it.                               feet wide—but by the time I came back
                                               narrowed some differences. Frankly,                        Again, the anomaly of the Repub-                    3 days later, it had grown to over half
                                               there are many that remain, but we                      lican leader making a partisan speech                  a mile. This massive memorial, the
                                               must not give up. We must not resort                    on the floor while we—Speaker PELOSI,                  long line of folks waiting to donate
                                               to stark partisanship. We must come                     myself, Mnuchin, and Meadows—are                       blood, the generous donations made to
                                               together and find a solution.                           trying to negotiate and move forward                   support the victims and their families,
                                                 If I had to characterize the major dif-               is really a contrast that I think most                 these were the real reminders of the
                                               ference between our side and the Re-                    people see.                                            power and resilience of the El Paso
                                               publican side, we believe the gravity of                   So let’s keep moving forward. There                 community.
                                               the situation—the economic problems,                    is a real crisis here. There are people                  As we remember this anniversary
                                               the health problems—demands a bold,                     who are unemployed, and they don’t                     amidst a pandemic, there will not be
                                               strong, vigorous solution by the Fed-                   deserve a pay cut as they go forward.                  groups of strangers hugging, crying, or
                                               eral Government. We believe we must                     There are small businesses that need                   holding hands like I witnessed in the
                                               meet those needs. And it will cost                      help desperately. There are schools                    days following the shooting. Instead,
                                               money, but mark my words—if we                          that have to open. There are State and                 we will have socially distanced memo-
                                               spend less money now, it will cost us                   local governments that must have                       rials, like the vigil held yesterday, that
                                               more money later.                                       funding. This is not an abstract con-                  will allow El Pasoans once again to
                                                 We hear from our schools. They very                   cept; these are firefighters, our teach-               prove that hate will not win.
                                               much want to reopen. We hear from the                   ers, our healthcare workers, our bus-                    Together, we will remember the 23
                                               parents of children. They very much                     drivers and sanitation men and women.                  lives which were lost 1 year ago, as
                                               want their kids to go back to school,                   If the State and local governments                     well as those who were wounded, and
                                               but they want to do it safely. It costs                 don’t get money, they are going to be                  we stand in solidarity with El Paso, a
                                               a lot of dollars to make a school safe in               laid off, and services will be much                    border community that has looked
                                               this COVID crisis—not only the money                    worse.                                                 hate in the eye and unequivocally cho-
                                               for masks and PPE, but you can’t sit                       Again, we have a wide disparity on                  sen strength, grace, and love for one
                                               two kids next to each other on a bus, so                what kind of dollars and how to deal                   another.
                                               there have to be many more bus routes.                  with treatment. It is our belief that                                    CORONAVIRUS
                                               Because some of the learning will be                    this administration’s program on                         Madam President, with August here
                                               distant, you need hotspots, and a lot of                treatment has been a failure, that we                  and the start of school just around the




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                                               the kids don’t have them in their                       don’t have enough treatment, and that                  corner, school districts, colleges, and
                                               homes. You may need new ventilating                     we have to redouble our efforts to put                 universities in Texas and Iowa and ev-
                                               systems because COVID demands it for                    more money into treatment.                             erywhere else are in the process of
                                               a healthy classroom. You may need to                       These discussions are continuing be-                making very difficult decisions about
                                               convert gymnasiums and cafeterias                       cause we hope we can reach an agree-                   how to begin the school year. The
                                               into new classrooms. Teachers may                       ment. We will keep at it and at it and                 teachers, the professors, the faculty,
                                               have to teach longer, and we may even                   at it because the Nation demands a so-                 and the administration of these schools



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                                               S4656                                             CONGRESSIONAL RECORD — SENATE                                                       August 3, 2020
                                               are trying to figure the best way to                    motely; they had to be on the frontline                commodations not only for learning on
                                               keep their students safe but, at the                    treating the people with the virus.                    campus but also the living, eating, and
                                               same time, provide a quality education                    We have unemployed workers—peo-                      the range of other activities that occur
                                               for all their students.                                 ple who, through no fault of their own,                on university campuses.
                                                  As we have seen, there is no one-size-               continue to not earn a paycheck—and                      At least 10 percent of that funding is
                                               fits-all to the coronavirus when it                     small businesses that are struggling.                  dedicated to the historically Black col-
                                               comes to public health. Our Nation is                   Maybe they had a PPP loan and grant                    leges and universities and minority-
                                               very diversified, with some highly con-                 but now have continued to see their                    serving institutions.
                                               centrated populations with multigener-                  businesses harmed by lack of cus-                        Keeping Texas children healthy and
                                               ational families and an international                   tomers. Then there are farmers and                     their education on track is a top pri-
                                               travel hub, like New York City, and                     ranchers and other producers, so many                  ority. It should be a top priority here
                                               more rural areas where we, fortu-                       of whom need us to act and act quick-                  and for all of us, and the next relief bill
                                               nately, have not seen the same sort of                  ly.                                                    must provide the funding for our stu-
                                               impact that we have in some of these                      Now, Congress is not known for act-                  dents and teachers that they need as
                                               concentrated areas.                                     ing with speed and dispatch, and at                    they head into this new territory this
                                                  So, in a country as big and diverse as               most times that is actually probably a                 fall.
                                               ours, there has been no one-size-fits-all               good thing because you make mistakes                     In addition to supporting our chil-
                                               handbook or rubberstamp response.                       when you get in a big hurry, but there                 dren going back to school, another
                                               With COVID–19 surging in some parts                     is no reason we can’t come together                    issue that has reared its head is
                                               of my State and declining in others, de-                and reach an agreement this week and                   childcare because, for many parents, if
                                               cisions, I think, should continue to be                 get relief on the way to those who need                their children are not studying in
                                               made flexibly, which means they                         it most.                                               classrooms, they are studying at home,
                                               should be made locally. Each school                       The Senate should not recess—we                      and they need supervision. Many par-
                                               district or college knows their chal-                   should not go back home for the Au-                    ents who would like to go back to
                                               lenges, their needs, their capability,                  gust break—until the next coronavirus                  work, if they can do so safely, need to
                                               and the risks better than anyone else                   bill is complete. So we really have a                  have childcare available for them to be
                                               from the outside—certainly from Wash-                   choice. We can do this the hard way or                 able to do so.
                                               ington, DC—and they should be the                       we can do it the commonsense and                         In 2018, 60 percent of Texas children
                                               ones, at the local level, to make the de-               easier way, which is simply to sit                     under the age of 6 had all their avail-
                                               cisions how best to safely proceed.                     down, come together, and work our                      able parents in the workforce—60 per-
                                                  Whether the school year kicks off                    way through our differences. We know                   cent. And prior to COVID–19, many of
                                               with in-person, online, or some com-                    how to do it because we do it all the                  these working parents relied on
                                               bination of the two, one thing that has                 time, and it is the only way anything                  daycare so they could go to work.
                                               become abundantly clear is that addi-                   gets done.                                               Of course, the pandemic has changed
                                               tional Federal support is needed so                       So we need to put the grandstanding                  childcare arrangements for many fami-
                                               these schools can safely reopen with                    and the posturing and the rhetoric and                 lies. Those who have been able to
                                               the proper protections in place. Con-                   the politicalization of this pandemic on               telework have often pulled double duty
                                               gress has already provided $30 billion in               the shelf for the time being. There is                 as employees and caregivers at the
                                               emergency relief for education, includ-                 plenty of time for elections. The elec-                same time, and those who, unfortu-
                                               ing more than $2.6 billion for Texas                    tion is 93 days off from today, but what               nately, lost their jobs or were laid off
                                               alone, which has helped our school dis-                 is urgent and what is needed most is                   have stayed home with children until
                                               tricts, colleges, and universities pre-                 for us to demonstrate that we can lead                 they have been able to return to work.
                                               pare for the start of the new year while                during a time of crisis. When our con-                   But, really, childcare will be a huge
                                               filling some holes left by gaps in tui-                 stituents, the American people, are in                 limiting factor for many, many people
                                               tion that has not been collected be-                    pain and hurting and need our help, we                 who want to and can safely return to
                                               cause students have not been studying                   need to demonstrate we can work our                    work. Now that more businesses are re-
                                               in person.                                              differences out and come together and                  opening, parents are increasingly in
                                                  Now, this funding can be used to sup-                respond to that need.                                  need of safe, reliable childcare, and
                                               port things like cleaning services and                    Despite the immense challenges pre-                  Congress needs to step up and provide
                                               equipment to protect students and                       sented by the virus, tens of millions of               relief to childcare providers.
                                               staff returning to the classroom. It                    essential workers have continued to go                   The HEALS Act authorizes short-
                                               could be used for laptops or hot spots                  to work each day because their com-                    term assistance to help them so they
                                               for virtual learning.                                   munities depend on them. We all de-                    can safely reopen their doors and par-
                                                  What we really need is a restoration                 pend on them. Right now, our country                   ents can safely return to work. This is,
                                               of confidence that people can continue                  is depending on us to do our job, and we               I believe, a key to getting more people
                                               to get on with their lives, as we all                   cannot let them down.                                  back to work so we can begin to re-
                                               have learned to do, by socially                           As school leaders make tough deci-                   cover and rebuild our economy.
                                               distancing, masking, handwashing, and                   sions today and continue to assess the                   This legislation builds on another
                                               staying home if you are sick. That is                   situation, we need to ensure that they                 provision in the CARES Act that pro-
                                               what each of us can do as individual                    have the resources they need to keep                   vided students student loan relief for
                                               Americans, and that is what students                    their students healthy and their edu-                  the more than 43 million Americans
                                               can do in their classroom, as deemed                    cation on track.                                       with student loan debt. It allowed stu-
                                               appropriate by local authorities and                      This is not a zero-sum game. It is not               dents to defer student loan payments
                                               parents.                                                one or the other. We have to do both.                  for up to 6 months with no penalty. I
                                                  Well, we had a strong start in the re-                 The HEALS Act that was introduced                    have gotten a lot of positive feedback
                                               sponse to the coronavirus with the leg-                 by a number of colleagues on this side                 on that provision from Texans across
                                               islation that we passed, the repeated                   of the aisle included $105 billion for                 nearly every part of the State.
                                               bills we passed on a bipartisan basis,                  education, more than tripling the in-                    With so much economic uncertainty,
                                               virtually unanimously, but now is not                   vestment made in the CARES Act,                        we can’t allow that provision to expire.
                                               the time to take our foot off the gas.                  which we passed late in March. The                     Student loan debt is a real and growing
                                               The Senate must move quickly to pass                    majority of that funding goes to K–12                  problem in our country, and families




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                                               additional relief, not only for our stu-                schools and will support safety meas-                  should never be in the situation where
                                               dents and teachers but for the workers                  ures for students and also provide bet-                they are sacrificing their basic needs
                                               and the industries hit hardest by this                  ter access to those studying remotely                  just to make those student loan pay-
                                               pandemic.                                               at home. It will bolster the Higher                    ments, especially during the time of a
                                                  Think about our healthcare heroes.                   Education Emergency Relief Fund with                   global emergency.
                                               These were the truly essential workers                  an additional $29 billion to ensure that                 As we try to find consensus on the
                                               who didn’t have the choice to work re-                  colleges and universities can make ac-                 next coronavirus response package,



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                                               August 3, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                S4657
                                               there is no room to compromise on sup-                  tected from COVID–19 exposure claims                   other actions throughout his career are
                                               port for our children and teachers.                     as long as they make a good-faith ef-                  why he was the right person to serve as
                                                 Another critical provision of sup-                    fort to comply with mandatory public                   Chief of Staff for the past 4 years. Gen-
                                               porting     our   schools   is   liability              health guidelines.                                     eral Goldfein epitomizes the finest
                                               protections.                                              This is the targeted and temporary                   qualities of a military leader. His pas-
                                                 As I mentioned, schools are weighing                  provision. It expires in 2024. This is not             sion for the Air Force, the airmen, and
                                               whether to reopen, and they go through                  an attempt to permanently change the                   their families—this certainly is a fam-
                                               a long list of considerations. The num-                 tort laws that apply across the board                  ily affair—is unparalleled, and the
                                               ber of cases of COVID virus in their                    but only a targeted provision that ap-                 country owes him a debt of gratitude
                                               community, new case trends, the risk                    plies to this pandemic.                                for his sacrifice and for his service.
                                               to student health and teachers, the                       Our schools need to know and have                       I would also like to recognize Chief
                                               ability to implement relevant health                    confidence that if they are operating in               Master Sergeant of the Air Force
                                               guidelines—school leaders are weighing                  good faith and obeying guidelines, they                Wright for his exceptional 31-year ca-
                                               all of these factors and more in deter-                 will not spend the next years in court                 reer in the U.S. Air Force. For the past
                                               mining whether to reopen their doors.                   fighting lawsuits.                                     31⁄2 years, he has served as the senior
                                               But even if a school is prepared to take                  In order for our country to recover,                 enlisted advisor to the Air Force Chief
                                               every precaution and make a good-                       these workers and institutions need to                 of Staff and the Secretary of the Air
                                               faith effort to protect the health and                  be able to open their doors and to do                  Force on all issues regarding the wel-
                                               safety of students and staff, they can                  their jobs with confidence. That is pre-               fare, the readiness, the morale, and
                                               still face a mountain of lawsuits.                      cisely what this legislation will pro-                 proper utilization and progress of the
                                                 Let’s say a district has carefully con-               vide.                                                  enlisted force.
                                               sidered all of these factors and made                     I hope our colleagues on both sides of                  After enlisting in the Air Force in
                                               the decision to reopen. They are pre-                   the aisle will join us in providing this               1989, Chief Wright would go on to serve
                                               pared to implement the CDC guidelines                   critical funding and the protections                   in various duties in the dental career
                                               and mitigation strategies—things like                   our schools need at such a crucial time.               field. He deployed in support of Oper-
                                                                                                         I yield the floor.                                   ations Desert Shield, Desert Storm,
                                               social distancing, masks, handwashing,                    The PRESIDING OFFICER. The Sen-
                                               reduced class sizes, and cohorting stu-                                                                        and Enduring Freedom and completed
                                                                                                       ator from Arkansas.                                    overseas tours in South Korea, Japan,
                                               dents. They have made changes to the                     TRIBUTE TO GENERAL DAVID L. GOLDFEIN AND
                                               bus routes, classroom seating, and                                                                             Germany, and Alaska.
                                                                                                        CHIEF MASTER SERGEANT KALETH O. WRIGHT                   As the 18th Chief Master Sergeant of
                                               lunch schedules to accommodate social                     Mr. BOOZMAN. Madam President, I
                                               distancing. They have talked to par-                                                                           the Air Force, his transparent leader-
                                                                                                       would like to take this opportunity to                 ship, character, and natural charisma
                                               ents about how to identify the symp-                    recognize and congratulate two of my
                                               toms of COVID–19 and have planned for                                                                          built a never-before-seen trust with the
                                                                                                       favorite people—Gen. David L. Goldfein                 410,000 enlisted members. Under his
                                               what they should do if a student or                     and CMSAF Kaleth O. Wright on their                    leadership, improvements were made
                                               staff member tests positive.                            upcoming retirement from the U.S. Air
                                                 Despite taking every precaution and                                                                          to the enlisted professional military
                                                                                                       Force after a combined 68 years of dis-                education system, enlisted promotion
                                               closely     following   guidelines,    the              tinguished military service to our
                                               schools could still be sued for COVID–                                                                         system, physical training testing, and
                                                                                                       great Nation.                                          the enlisted evaluation system. His
                                               19 exposure. If a child contracts the                     General Goldfein’s outstanding 37-                   passion for building a resilient force,
                                               virus, a parent could file a lawsuit                    year career has culminated as the 21st                 suicide prevention, and diversity and
                                               blaming the school. Even though it                      Chief of Staff of the Air Force. In this               inclusion will have lasting positive im-
                                               would be extremely difficult—if not                     role, he has been responsible for the or-              pacts on the service, the airmen, and
                                               impossible—to prove the school was at                   ganization, training, and equipping of                 their families.
                                               fault, the district could be drawn into                 685,000 Active-Duty, Guard, Reserve,                      Fittingly, Chief Wright will continue
                                               a costly court battle to defend itself,                 and Civilian Forces serving all over the               to advocate for airmen as the next CEO
                                               taking money and time away from                         world. He has been crucial to strength-                of the Air Force Aid Society. As co-
                                               classrooms needed to teach our chil-                    ening our national security and has led                chair of the Senate Air Force Caucus
                                               dren.                                                   the effort on shaping the Air Force and                and Chairman of the Appropriations
                                                 In Arizona, this has arisen as a major                Joint Force of the future.                             subcommittee responsible for ensuring
                                               issue. The largest insurer for schools                    General Goldfein launched his career                 our Armed Forces and their families
                                               announced it will not provide liability                 at the Air Force Academy. He grad-                     have the infrastructure and facilities
                                               coverage for COVID–19 claims. Without                   uated in 1983 and continued his train-                 to support their needs, I have met with
                                               action from Congress, many schools                      ing at the United States Air Force                     these Air Force leaders on numerous
                                               may choose not to reopen their doors                    Weapons School. He would go on to                      occasions during their service, as they
                                               because the risk of expensive litigation                earn his command pilot rating, accu-                   encouraged congressional support to
                                               is simply too high.                                     mulating more than 4,200 flying hours                  strengthen Air Force priorities and
                                                 It is not just litigating and losing                  in various aircraft, such as the T–37, T–              military readiness. Airmen can be
                                               that is such a burden. By litigating,                   38, F–16, F–117, MQ–9, and MC–12.                      proud of their advocacy and leadership
                                               you actually can lose even if you win                     He flew combat missions in Oper-                     to ensure the United States maintains
                                               the case because of the cost associated                 ations Desert Shield, Desert Storm, Al-                our air superiority.
                                               with defending these cases and the                      lied Force and Enduring Freedom. On                       On behalf of the U.S. Senate, the
                                               time and energy it takes that could be                  May 2, 1999, while flying a night mis-                 Senate Air Force Caucus, and a grate-
                                               expended on educating our children.                     sion during Operation Allied Force,                    ful nation, I extend my deepest appre-
                                                 That is why the legislation I have in-                then Lieutenant Colonel Goldfein                       ciation to General Goldfein, Chief Mas-
                                               troduced, known as the SAFE Act,                        found himself in the skies above Serbia                ter Sergeant Wright, and their families
                                               which is included in the HEALS Act, is                  in his F–16 fighter jet. His mission was               for their many, many years of exem-
                                               so important. It will prevent schools                   to bomb targets designed to force the                  plary military service and sacrifice. We
                                               that make a good-faith effort to safely                 Serbian dictator, Slobodan Milosevic,                  all wish them nothing but the very
                                               reopen from facing a wave of opportun-                  to withdraw his troops from Kosovo.                    best in the future.
                                               istic litigation.                                         Things changed rapidly when an air                      With that, I suggest the absence of a
                                                 It doesn’t provide blanket immunity.




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                                                                                                       missile exploded through the belly of                  quorum.
                                               It actually incentivizes following pub-                 his aircraft, forcing him to eject and                    The PRESIDING OFFICER. The
                                               lic health guidelines and says that only                parachute into enemy territory. He                     clerk will call the roll.
                                               those who engage in willful or grossly                  was quickly rescued in Kosovo by the                      The senior assistant legislative clerk
                                               negligent conduct can be sued and re-                   Air Force’s elite combat search and                    proceeded to call the roll.
                                               covery sought. But it does spell out in                 rescue team.                                              Mr. WICKER. Madam President, I
                                               black and white that K–12 schools, col-                   His ability to make sound decisions                  ask unanimous consent that the order
                                               leges, and universities will be pro-                    under this extreme pressure and many                   for the quorum call be rescinded.



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                                               S4658                                             CONGRESSIONAL RECORD — SENATE                                                      August 3, 2020
                                                 The PRESIDING OFFICER. Without                        companies censor political viewpoints                  employ disturbing and familiar im-
                                               objection, it is so ordered.                            that they find objectionable. That was                 agery.
                                                        COMMUNICATIONS DECENCY ACT                     2 years ago. It has only worsened in the                  According to the ESPN investiga-
                                                  Mr. WICKER. Madam President, for                     2 years since then.                                    tion, one former league employee com-
                                               almost 25 years, the internet has grown                   These concerns come at a time when                   pared the atmosphere at the Xinjiang
                                               and thrived under the light-touch regu-                 tech companies wield unprecedented                     camp to ‘‘World War II Germany.’’
                                               latory framework established by the                     power within our economy and our cul-                     An American coach, who worked at a
                                               Communications Decency Act. I hope                      ture at large, and no one can deny that.               similar facility, described it as a
                                               we can continue that. I think some                      A bipartisan chorus of committee                       ‘‘sweat camp for athletes.’’
                                               changes need to be made.                                members from the other body pointed                       Now, according to the investigation,
                                                  Passed in 1996, the law that the Com-                this out just last week. More and more                 almost immediately after the NBA
                                               munications Decency Act is a part of                    of our daily business is taking place                  launched this program back in 2016,
                                               helped create the internet. Section 230                 online, and that trend is only accel-                  multiple coaches who were staffing the
                                               of that law gives broad liability protec-               erating during the current pandemic.                   camps reported to high-ranking organi-
                                               tions to interactive computer services,                   As we near the 2020 election, Ameri-                 zation officials that they had witnessed
                                               such as Facebook, Twitter, and other                    cans have serious concerns about                       Chinese coaches beating and berating
                                               social media platforms. This provision                  whether online platforms will treat                    student athletes. Bear in mind that
                                               protects online platforms from being                    campaigns on both sides of the aisle                   these reports were made in 2016. They
                                                                                                       fairly and equally. Those concerns are                 also reported that the Chinese Com-
                                               held liable for content posted by their
                                                                                                       warranted. I have those concerns.                      munist Party officials who were in
                                               users.
                                                  This is a unique protection for online               Americans are right to be worried                      charge of the camp were denying stu-
                                               platforms, and not everyone in our                      about interference by politically ho-                  dents an education.
                                                                                                       mogenous tech firms that hold unprec-                     In coming to this elite camp, they
                                               country enjoys those protections. For
                                                                                                                                                              were to receive both an education and
                                               example, newspapers do not enjoy this                   edented sway over our Nation’s polit-
                                                                                                                                                              elevated sports training, but the re-
                                               important protection. But we have                       ical discourse.
                                                                                                         After 24 years, it is time for Congress              ports, going back to 2016, said the chil-
                                               done this for internet platforms.
                                                                                                       to revisit section 230 of the Commu-                   dren were being abused, beaten, be-
                                                  At the same time, section 230 of the
                                                                                                       nications Decency Act and start with                   rated, and denied the education. So
                                               Communications Decency Act allows
                                                                                                                                                              why then did the NBA maintain these
                                               online platforms to censor content that                 refining—perhaps narrowing—the scope
                                                                                                                                                              programs?
                                               they—the platforms—consider obscene,                    of what counts as otherwise objection-
                                                                                                                                                                 Money.
                                               lewd, harassing, along with several                     able content subject to censors. There                    Communist China plays host to an
                                               other categories, including the term                    may be other reforms that would be                     estimated $4 billion NBA market. They
                                               ‘‘otherwise objectionable.’’                            better, but I think it is time for Con-                say that China is basketball-obsessed,
                                                  I am concerned that this term, ‘‘oth-                gress and the committee that I chair to                and NBA execs have used every avenue
                                               erwise objectionable,’’ is too broad and                revisit this section of the law.                       they can to take advantage of that,
                                               ends up protecting online platforms                       Last week, the Commerce Sub-                         and they jealously protect these rela-
                                               when they remove content that they                      committee on Communications, Tech-                     tionships.
                                               simply disagree with or dislike or find                 nology, Innovation, and the Internet                      Last October, when Houston Rockets’
                                               distasteful personally.                                 convened a hearing to consider exactly                 General Manager Daryl Morey tweeted
                                                  I fear section 230 has enabled big tech              this issue, and it was a very good hear-               in support of the Hong Kong Freedom
                                               companies to censor conservative views                  ing. As chairman of the Commerce                       Fighters, multiple league all-stars,
                                               and voices, and I am joined by a lot of                 Committee, I intend to pursue this                     stakeholders, and well-connected em-
                                               Americans in that view. As such, this                   matter thoroughly and evaluate what                    ployees lashed out in a panic—terrified
                                               provision has become a loophole for                     changes are needed to section 230. Con-                of retaliation from Beijing.
                                               censoring free speech, and it risks ne-                 gress needs to ensure that the internet                   Team owner and Alibaba co-founder
                                               gating the values at the very heart of                  remains a forum for a ‘‘true diversity                 Joe Tsai not only sided with the Chi-
                                               our First Amendment.                                    of political discourse’’ that promotes                 nese Communist Party as it retaliated
                                                  In the last few years, reports of on-                competition and innovation.                            against the entire league, but he char-
                                               line censorship of conservative view-                     I suggest the absence of a quorum.                   acterized the Hong Kong protesters as
                                               points have grown more frequent. In                       The PRESIDING OFFICER (Mr.                           leading a separatist movement.
                                               early 2018, for example, an undercover                  BOOZMAN). The clerk will call the roll.                   Their over-the-top reactions are
                                               report exposed Twitter for systemati-                     The senior assistant legislative clerk               proof enough of how fragile the NBA’s
                                               cally ‘‘shadow banning’’ conservative                   proceeded to call the roll.                            relationship with China actually is and
                                               profiles—meaning users were blocked                       Mrs. BLACKBURN. Mr. President, I                     who is really in control of this rela-
                                               from the platform without being noti-                   ask unanimous consent that the order                   tionship. The control is not with the
                                               fied.                                                   for the quorum call be rescinded.                      NBA.
                                                  More recently, Google threatened to                    The PRESIDING OFFICER. Without                          In June, I sent a letter to the NBA,
                                               demonetize a conservative news site,                    objection, it is so ordered.                           expressing my concerns about the
                                               The Federalist, for not removing offen-                                        CHINA                           training camps in Xinjiang and the
                                               sive content in their comment section.                    Mrs. BLACKBURN. Mr. President,                       league’s entanglement with the Chi-
                                               Based upon information I received, the                  last week, journalists at ESPN pub-                    nese Communist Party. In their re-
                                               comments may indeed have been derog-                    lished the results of a bombshell inves-               sponse, they announced that they had
                                               atory and unacceptable. But what is                     tigation into human rights violations                  closed their facilities in the region and
                                               noteworthy is that Google’s threat to-                  at NBA training academies in China.                    that they had severed their ties to any
                                               ward the Federalist was hyperselective                    When you think about a basketball                    programs there.
                                               and a bit hypocritical. Google held the                 camp, you probably think of shooting                      The problem is that the ESPN report
                                               Federalist accountable for comments                     drills or running sprints, but these                   I referenced previously disputes that
                                               made by the Federalist readers, but                     camps look much different. The inves-                  assertion. I am reaching out for clari-
                                               Google does not want to be held re-                     tigation focused on training camps lo-                 fication on that matter, but in their re-
                                               sponsible for the posts or comments by                  cated in Xinjiang. This particular re-                 sponse, I hope NBA officials express
                                               users on Google’s platforms, including                  gion in western China has achieved a                   clarity regarding all—each and every




SSpencer on DSK126QN23PROD with SENATE
                                               YouTube—a double standard imposed                       certain level of notoriety in recent                   one—of their business relationships
                                               by Google itself. This selective scru-                  months for the horrific political vio-                 with China because the NBA and other
                                               tiny reveals what most Americans al-                    lence its government officials inflict on              organizations that maintain close ties
                                               ready believe: that tech companies are                  the Uighur Muslim minority. So it is                   to the Chinese Communist Party be-
                                               politically biased.                                     no surprise that the stories told by                   lieve that they are merely taking ad-
                                                  According to a 2018 Pew study, 7 out                 trainers, coaches, and other NBA em-                   vantage of a growing consumer mar-
                                               of 10 Americans believed social media                   ployees who helped to run these camps                  ket—or that is what they say. To them,



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