Congressional Record, Senate, August 4, 2020 — Coronavirus Relief Negotiations
Summary
Senate proceedings from the Congressional Record for August 4, 2020, beginning at page S4680. The pages open with remarks criticizing the Democratic leaders' stance in COVID-relief negotiations, stating that the House bill has no second round of the Paycheck Protection Program and quoting House Democrats on the HEROES Act. The Senate then proceeds to executive session on a nomination to be Deputy Secretary of Energy. Mr. Schumer, recognized as minority leader, describes negotiations with the White House on the next phase of COVID-relief legislation and calls for funding for State and local governments, schools, elections, testing and unemployment, stating that over 50 million Americans have filed for unemployment. The record closes with Mr. Moran seeking consent on the Empowering Olympic and Amateur Athletes Act of 2019 and text amending references to the United States Olympic Committee.
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S4680 CONGRESSIONAL RECORD — SENATE August 4, 2020
The Democrats say they want many ANDER. The ranking member on Small RESERVATION OF LEADER TIME
of the same things. I certainly believe Business cannot even discuss PPP with The PRESIDING OFFICER. Under
that many of my Democratic col- Chairman RUBIO and Chairman COL- the previous order, the leadership time
leagues who serve as ranking members LINS. is reserved.
want many of the same things and No, no; the Speaker and the Demo- f
could easily find common ground with cratic leader only want themselves at
our chairmen if the Democratic leader the table so that behind closed doors EXECUTIVE SESSION
would let them talk. Instead, we have they can say that nobody gets another
gotten a full week of the Speaker of dime of Federal unemployment money;
the House’s and the Democratic lead- nobody gets extra school funding; and EXECUTIVE CALENDAR
er’s shutting out all of their own Mem- nobody gets more money for testing The PRESIDING OFFICER. Under
bers and refusing to move an inch off of and PPE unless they burn cash on 1,000 the previous order, the Senate will pro-
demands that everyone knows are out- unrelated things. ceed to executive session and resume
landish. I am talking about things like stim- consideration of the following nomina-
The Democratic leaders want the en- ulus checks for illegal immigrants; a tion, which the clerk will report.
tirety of their massive, far-left wish trillion-dollar slush fund for States, The senior assistant legislative clerk
list—all of it. Speaker PELOSI is still even though States and localities have read the nomination of Mark Wesley
agitating for strange, new special in- only spent a quarter of the money we Menezes, of Virginia, to be Deputy Sec-
terest carve-outs for the marijuana in- sent them in March. Let me say that retary of Energy.
dustry—even claiming they are COVID- again—a trillion-dollar slush fund for Mr. MCCONNELL. Madam President,
related. She said that, with respect to States, even though States and local- I suggest the absence of a quorum.
this virus, marijuana is ‘‘a therapy ities have only spent a quarter of the The PRESIDING OFFICER. The
that has proven successful.’’ You can’t money we sent them in March. In my clerk will call the roll.
make this up. I hope she shared her State, the State administration only The senior assistant legislative clerk
breakthrough with Dr. Fauci. In the spent 6 percent of the money we sent proceeded to call the roll.
other corner, Leader SCHUMER is still them—6 percent—diversity and inclu- Mr. SCHUMER. Madam President, I
demanding massive tax cuts for rich sion studies, a soil health program, and ask unanimous consent that the order
people in blue States or he won’t let on and on and on. for the quorum call be rescinded.
any relief become law. The PRESIDING OFFICER. Without
These are the kinds of nongermane The House bill does all these things
while completely forgetting a second objection, it is so ordered.
pet projects that our Democratic col- RECOGNITION OF THE MINORITY LEADER
leagues are demanding—not a dime for round of the Paycheck Protection Pro-
gram—no second round for PPP—and The Democratic leader is recognized.
kids, jobs, and healthcare unless the
administration let’s them check off sending less money for schools than CORONAVIRUS
every leftwing lobbyist’s Christmas list the Senate bill. Mr. SCHUMER. Madam President, I
5 months early. This is what they will not budge just listened to my friend the Repub-
Let’s listen to what Speaker PELOSI’s from. And every day the script is the lican leader. The Republican leader is
own House Democrats said about this same, and the script is: We had a pleas- so tied in a knot by his own caucus and
bill when they passed it. Here is what ant conversation, but we don’t feel like his President that all he can do is give
House Democrats said about the bill making a deal. Maybe tomorrow. Alice-in-Wonderland, partisan speech-
that Speaker PELOSI and the Demo- Here is the problem: Every day the es. All he can do is threaten to force
cratic leader now say is their absolute Democratic leaders repeat the same sham votes that will not pass and will
redline: act here in the Capitol, they are letting not answer the anguished cries for help
One quote: ‘‘The partisan nature and down the struggling people who need that are coming from so many of our
wide scope of this bill make it doomed our help. Day after day, Americans are fellow Americans.
upon arrival in the Senate.’’ trying to stay above water—layoffs, On the other hand, over the weekend
Another quote: ‘‘In response to benefit cuts, threats of eviction, the and yesterday, Speaker PELOSI and I
COVID–19, our relief efforts must be possibility of losing a family business continued our negotiations with the
targeted, timely, and transparent. The forever, towns wondering if their Main White House on the next phase of
HEROES Act does not meet those Streets will ever come back, school COVID-relief legislation. After a week
standards.’’ principals with no idea what to tell of stalled talks because Republicans
Another quote: ‘‘This isn’t a plan; it’s communities. could not articulate a position on hard-
a wish list.’’ ly anything, I believe we are making
That is the reality in Kentucky and
Another quote: ‘‘Partisan gamesman- progress. We came closer together on
in all 50 States, and none of these peo-
ship.’’ several issues; however, we remain far
ple are helped one bit, not one bit, by
Another quote: ‘‘Some in my own apart on a number of issues, but we are
the Democratic leaders’ charade.
party . . . have decided to use this finally moving in the right direction.
package as an opportunity to make po- What American families need is an At the moment, the gap between our
litical statements and propose a bill outcome, a bipartisan result. Senate two parties in the negotiations is about
that goes far beyond pandemic relief Republicans have had a roadmap sit- priorities and about scale. As this huge
and has no chance at becoming law, ting on the table for more than a week. crisis engulfs our Nation, Democrats
further declaring the help so many We didn’t put every Republican wish believe we need a bold, strong, and vig-
need.’’ list item in history into an 1,800-page orous response from the Federal Gov-
Those are quotes from House Demo- encyclopedia and insist on starting ernment. It will take a lot of resources,
crats’ views about the so-called Heroes there. but if we don’t commit those resources
Act, but now the entire thing is the We built a serious starting place now, for sure the costs will only grow
price of admission for giving hard-hit based on the bipartisan programs we in the months to come.
Americans any more aid. passed back in March—unanimously, Democrats are fighting to meet the
What worked back in March with the by the way—and what the country needs of a desperate nation. Our Repub-
CARES Act were productive and good- needs now. lican friends, however—President
faith conversations between chairmen If our colleagues across the aisle Trump, his aides, and the Republicans
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and ranking members—a bipartisan would do the same—frankly, if our col- in the Senate—do not seem to appre-
process led by Members. leagues across the aisle were even al- ciate the gravity of the situation. They
But this time, the Speaker and the lowed—allowed to take part in the dis- do not understand the needs of the
Democratic leader have forbidden their cussions, we could get this done for our country that are so great, and they are
Members from negotiating at all. The country. We did it in March. We could not stepping up to meet those needs.
ranking member on HELP cannot even do it again, but both sides have to ac- This disease has washed over our coun-
discuss testing with Chairman ALEX- tually want it. try like a great flood, and Republicans
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4681
are acting as if we need to fix a leaky patently unworkable. It will take We have a big, broad, huge crisis—the
faucet. weeks and months if we adopt the Re- greatest health crisis in 100 years, the
Some of our Republican friends seem publican proposal before any checks greatest economic crisis since the
to be going through the motions, con- wind up in the hands of millions of Great Depression—and we have a lot of
tent to pass a bill—any bill so they can Americans, and our State unemploy- Herbert Hoovers over here who don’t
check a box and go home—but a bill ment offices that administer this pro- want to do anything—a lot of Herbert
that doesn’t come close to meeting the gram agree. Hoovers on the Republican side. Well,
needs of America. We cannot do that. So Republicans need to step up to the remember what happened then: By not
We cannot pass an inadequate bill and plate and work with us to find a solu- meeting the crisis head-on, they cre-
then go home while the virus continues tion that shields millions of jobless ated the Great Depression—the Repub-
to spread, the economy continues to Americans from further economic licans did—under Hoover. Let’s hope
deteriorate, and the country gets hardship. State, local, and Tribal gov- our Republican friends see the light
worse. No box checking will work. We ernments have fought this evil virus on and won’t make that same mistake
need real action. their frontlines with budgets strained. again.
We need a relief package that actu- They are at risk of shedding teachers, Let me remind my Republican col-
ally rescues American families, Amer- firefighters, bus drivers, sanitation leagues, when there is a crisis of this
ican schools, and American businesses; workers, slashing public services. magnitude, the private sector cannot
that helps defeat this evil virus and My good friend Senator CARPER is solve it. Individuals alone, even with
prevents our economy from sliding into leading a group of Democratic Senators courage and sacrifice, are not powerful
a depression. Democrats are going to to talk about these issues today be- enough to beat it back. Government is
keep fighting until we get there. cause Senate Republicans and the the only force large enough to staunch
Republicans on both ends of Pennsyl- White House do not believe in giving the bleeding and begin the healing of
vania Avenue are not yet awake to the support to our State and local govern- the Nation.
enormity of the challenge, and we see ments. That is not an abstract concept. One of the main reasons holding
it across a whole range of issues. Again, these are firefighters and teach- things back—there are so many Repub-
For example, Democrats believe we ers and bus drivers and healthcare licans on the other side who do not be-
have an obligation to help every Amer- workers. We don’t care if they are a lieve the Federal Government even has
ican put food on the table. Our Repub- blue State or red State; they need the a role to play. Leader MCCONNELL has
lican friends start negotiating by say- help. admitted not once, not twice, not three
ing they don’t think we need to do any- We must also address our elections times, but four times that there are as
thing to help hungry families and chil- and make sure that Americans can many as 20 Senate Republicans who
dren, but maybe they can compromise vote safely and confidently with the will vote against any relief package for
and help feed a small percentage. That new challenges of coronavirus for the the American people.
is not going to cut it. Let’s say 1 mil- first time in a national election. That Those Republicans, who seem to be
lion families can’t feed their kids. The means they need to be able to vote in- the tail that wags the dog—and it is a
Republican bill has zero, and we cover person and by mail, whichever they pretty big tail with over 20 votes—
all 1 million. To say ‘‘Let’s compromise choose. Adequate funding for State those Republicans don’t get it. We
and only cover half of them’’ is cruel election systems in the post office know you like the private sector over
and not going to solve the problem. shouldn’t be a partisan issue. This is government, but there are times when
We want to see all our schools reopen about preserving elections, making there is nothing but government that
in the fall, but they need the resources them fair, making every ballot count. can step up to the plate and solve the
and guidance to do it safely—not 25 That is the wellspring of our democ- problem, and this is one of those times.
percent of the resources, not half. racy, and it is COVID-related, and our Faced with the greatest economic
Schools need funding for masks and Republican friends are resisting. threat in 75 years, the greatest public
PPE, for converting space into more We are still fighting to get enough health crisis in a century, more than a
socially distant classrooms, for updat- funding for testing and contact trac- third of the Senate Republican major-
ing their ventilating systems. Some ing. It is extraordinarily frustrating ity will not vote for anything to help
need to double the number of buses to that 7 months into this crisis Demo- the American people. Those very same
keep from packing kids together on the crats still have to argue with our Re- Republicans gleefully voted to give a
morning route to school. It is going to publican colleagues about delivering $1.5 trillion tax cut to help giant cor-
cost money, and the Republicans have enough support for testing, contact porations pad their profit margins, but
to understand that. Parents must have tracing, Medicaid, and our healthcare helping Americans put food on the
confidence that if their school is going system. table, go back to school safely, keep a
to reopen, it has the protocols and in- These are just some of the many roof over their heads, and survive a
frastructure in place to keep their chil- issues we need to work through. When global pandemic—that is a bridge too
dren safe. people ask ‘‘What is holding things far. How out of touch can they be?
It is the same with unemployment. up?’’ it is our view that not only are These folks cannot be allowed to dic-
Over 50 million Americans have filed our Republican friends disorganized tate our policy. By their own admis-
for unemployment with millions more and all over the lot, not only is Presi- sion, they will not vote for anything.
filing new claims each week. We pro- dent Trump tweeting about so many Remember that when Leader MCCON-
posed extending the enhanced unem- different things but not taking any NELL claims that Senate Democrats are
ployment benefits that Democrats se- leadership in this crisis but, most of the obstacles to progress. More than
cured in the CARES Act through the all, that we must meet the needs of one-third of the Senate Republican
end of the year. The policy has kept as this enormous crisis and really help caucus doesn’t want to vote for any-
many as 12 million Americans out of the American people. We need a strong, thing.
poverty and boosted consumer spend- robust bill. We are working hard for This week, our Republican colleagues
ing—one of the few bright spots in our that. Our Republican colleagues, inch have two choices. They can engage in
economy. But Republicans are intent by inch, are beginning to see the light. the same kind of political theater that
on slashing those benefits or letting I hope more of them will. preluded the CARES Act. Leader
them expire long before the crisis is There are so many issues we must MCCONNELL can schedule a show vote
over. One Republican proposal would work through. Democrats want to get a on legislation that even his own caucus
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give newly out-of-work Americans a 30- deal done, but we need answers for all will not support and, again, in his
percent pay cut; another would give of them—not just a few. We can’t pick Alice-in-Wonderland style, get up on
them a 33-percent pay cut. out one or two: Oh, we will help schools the floor and say that Democrats are
The Trump administration’s own De- but not kids who need food. That the ones blocking it. He can engage in
partment of Labor warned us that doesn’t work. That doesn’t work. We the same partisan maneuvers that have
these proposals, which would pay a per- will help small businesses but not the resulted in failure and won’t answer
centage of a worker’s former wage, are unemployed. That doesn’t work. the anguished cries of Americans.
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S4682 CONGRESSIONAL RECORD — SENATE August 4, 2020
As I said earlier—and I want to re- doesn’t have anyplace to go back to. benefits when you go back to work
peat it—the Republican leader is so She said one thing that still sticks that really count, like the health in-
tied in a knot by his own caucus and with me. She said: I started working surance policy that had the doctor and
this President that one of his only op- when I was 15. I worked 36 years. You the hospital which you and your family
tions is to give Alice-in-Wonderland, know how many weeks, Senator, that I need.
partisan speeches and maybe force a have had on unemployment in my 36- In June, the Illinois unemployment
sham vote that will not pass and will year work experience? rate dropped to 14.6 percent, and the
not answer the anguished cries for help I said: No. State added 142,000 jobs, but that un-
from so many Americans. She said: One. This notion that I employment rate of 14.6 percent is the
On the other hand, Senate Repub- would rather stay home and draw un- greatest we have faced since the great
licans could roll up their sleeves, wake employment than go back to work, recession. Since the beginning of
up to the crisis in our country, and fig- that isn’t who I am. I have proven over March, around 1.7 million unemploy-
ure out what they can support. I think a lifetime that I am not someone who ment claims had been filed in our State
we are all ready for the Republican ma- really doesn’t want to earn their pay. of a little less than 13 million people.
jority to figure out just what that is. Her enhanced unemployment, if it ex- That is nearly 10 times the number of
What is dictating our policy and our pires, would mean that her bills—in- claims processed during the same pe-
positions on the Democratic side is cluding paying rent—just can’t be paid. riod a year ago. The same thing is true
very simple: the national need—large, Jesus Morales worked at the Drake in neighboring States like Kentucky,
large, large. That is our North Star, Hotel in Chicago for 33 years and made where the unemployment claims are 10
and we are going to keep pressing for- up to $1,700 a week. He reminds me that times what they were a year ago.
ward with the hard work of negotia- I met him 20 years ago when he was a Nationwide, around 30 million Ameri-
tions, hopeful that we can get a deal bartender and a waiter at an event that cans are relying on enhanced unem-
done to help the country in a time of I attended. Well, he has been laid off ployment benefits just to keep things
severe crisis. since March, and without the $600 pay- together. Trust me, they tell me. We
I yield the floor. ment, he is afraid he will not be able to are not saving this money. We are not
The PRESIDING OFFICER. The Sen- make his mortgage payment, and the investing this money. We are spending
ator from Illinois. COBRA payment, which covers his this money as fast as it is handed to us
Mr. DURBIN. Madam President, I
health insurance for his family, would to pay for our home, our car, utilities,
have a recommendation for my col-
be impossible. and food.
leagues in the Senate. I recommend, as Samantha Arce is a mother of three. The Republican approach would cut
the Senator from New York does, that She just gave birth a few weeks before the unemployment benefit check from
they go home—literally, leave Wash-
the lockdown began. Her place of work the Federal Government from $600 a
ington, go home, and meet up with the
is closed, and her fiance has lost his week to $200 a week—a $400 cut. It
people who sent them to Washington to
job. They quickly went from two work- would then require States to put in
work for them.
I did last Friday, as I do every week- ing parents with three kids to no work- place a complex system of 70 percent
end. I asked specifically to meet with ing parents. Enhanced unemployment wage replacement. It sounds so logical
five individuals who are out of work. I payments help them pay hospital bills that if you are unemployed, you get 70
wanted them to tell me their story and and care for their young kids. She percent of your paycheck.
to share that story with the people of brought her little boy. He is about 4 or That is an interesting formula. How
Chicago. It was quite a moving experi- 5 months old—cute little fellow. He do you make a formula like that work?
ence. smiled throughout the whole event. Well, you have to gather a lot of data
We have 800,000 Illinoisans who are Little did he know what was going on about what a person was earning when
claiming unemployment. Now there is in the minds of his mom and dad as they were employed and then put that
a possibility that the $600 a week Fed- they try to cope with the political deci- into a computer, in terms of the pay-
eral benefit that was coming to them sions being made in Washington. out each State would make under this
to help pay their bills will disappear. Losing that $600-a-week payment, new formula. It is different than what
Technically, it ended last Friday. which the Republicans have proposed, States are already doing. What we
So I asked these unemployed Illi- would really create a devastating situ- found out is, States are very different
noisans to tell me their story. ation for these families and these indi- when it comes to their computer tech-
Roushaunda Williams told me a story viduals. I hear regularly and have nology. We were told that, inciden-
about being a bartender for 19 years at heard it for a long time—there is this tally, by the Trump administration
the Palmer House Hilton before being notion that if you are unemployed, you when we established the $600-a-week
laid off in March. She earned signifi- are just not trying hard enough. There payment. They told us back in March:
cantly more while working than she is are jobs out there, they say. Don’t make this too complicated.
receiving in unemployment. She is lit- Well, that is not what the numbers Make it simple, a flat dollar amount
erally worried she is going to lose her tell us. There are four unemployed because these 50 States have computers
home and healthcare if she loses that Americans for every available job— that range in sophistication from
$600 a week. four for every available job. And em- primitive to the most modern, and
Andres Moreno worked at a res- ployers who say: Well, if so-and-so they are not going to change these
taurant in downtown Chicago before would come back to work, but they are computers in time to help the people
the pandemic. He was pretty proud of making too much on unemployment— who are currently unemployed.
his career, working in the restaurant of course, that is the case in some in- The Republicans seem to have forgot-
business. He said: I did well. He and his stances, but it is rare. Did you know ten what we were told by the Trump
husband have both lost their jobs and that of the Americans who have gone administration when we initially en-
their health insurance. Without the ad- back to work since we began this pan- acted the $600-a-week payment. This 70
ditional $600 a week in unemployment demic assault, of those who have gone percent payment for unemployment
compensation, they will not be able to back to work, 70 percent are making doesn’t work if the computers can’t
even buy health coverage. less than they made on unemployment? make it work, and we are told it will
Aileen Dimery is an interesting per- Well, why would they make that eco- take anywhere from 2 months to 5
son. She is in lighting technology. Her nomic decision to go back to work and months for these computer systems to
make less than unemployment? even try.
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job involves big events. They set up the
lights for concerts and other gath- Well, it is just like Aileen. They are What are these families supposed to
erings for thousands of people. She workers. At their heart, they are work- do, the ones I just described to you,
said: Nobody knows I am there, but I ers. No. 1, they believe in the dignity of while the computer systems are being
do. I am one of the first women who work; they are proud of what they do; retooled, and who is going to pay for
has ever been in this profession. and they want to go back to doing it. the retooling? If the States can’t im-
Well, those big concerts and crowded No. 2, they know unemployment is not plement this program, and, instead, the
venues aren’t there anymore. Aileen forever. No. 3, sometimes there are flat cash payment goes from $600 to
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4683
$200 for month after month after consumption by 20 percent more than week to pay the bills. It is pretty tough
month, trust me, the lines at the food White households. That is the reality. to come to the floor each day and criti-
pantries will be longer than ever. Let me address two or three particu- cize the Democrats for not showing
The Economic Policy Institute has lars raised by the Senator from Ken- success in negotiations when the Re-
estimated that cutting this benefit to tucky about the state of play as we try publican leader in the Senate is boy-
$200 a week will reduce our gross do- to negotiate a satisfactory conclusion cotting the negotiation meetings. What
mestic product by 2.5 percent and cost and next step. The first point: This is that all about? I have been around
us 3.4 million jobs. Just what we need, week marks the third month—the third here for awhile. I have never seen that
more unemployment, thanks to the Re- month since Speaker NANCY PELOSI before where one leader is inten-
publican formula. and the House Democrats passed a res- tionally staying away from the nego-
Research from the JPMorgan Chase cue package. For 3 months, their ef- tiations. I don’t see how that can end
Institute suggests the enhanced bene- fort, called the Heroes Act, has been well.
fits have helped thousands of house- sitting on the desk of Senator MCCON- I see my colleague from Texas has
holds to continue purchasing critical NELL. Initially, he said: I don’t feel a come to the floor. I want to say a word
needs: food, diapers, and the basics. Al- sense of urgency to address this issue. about a proposal which he is promoting
lowing these benefits to expire will re- Then he went on to say: We haven’t and is likely to speak to this morning
sult in household spending cuts and a spent all the money we appropriated before I turn the floor over to him.
reduction in economic activity, which the first round. Remember when Senator MCCONNELL
is exactly the opposite of what we need Whatever the reason, it wasn’t until came to the floor in the last several
to do right now. 7 days ago that the Senate Republicans months and said: I am drawing a red-
This weekend, on television, there kind of made a proposal. The only line. When it comes to any negotia-
was a governor from the Federal Re- thing we have seen specific in writing tions, this redline is liability immu-
serve in Minneapolis who basically was their proposal for liability immu- nity for corporations, and if you don’t
said: This is exactly the wrong time to nity, which I will address in a moment. accept my language on liability immu-
cut back on benefits to the unem- The rest of the things were oddly pre- nity, there will be no negotiations, and
ployed. sented as potential legislation, which there will be no positive outcome—red-
And when the questioner said to him: would be brought to the floor of the line.
Well, what about our deficit? Senate. He made that speech over and over
He was very frank about it. Yes, for Imagine that? We have the White again as he warned us about the flood,
the time being, it will add to the debt House and congressional leaders sitting the tsunami—‘‘tsunami’’ was his
of the United States, but if the econ- down negotiating, and Senator MCCON- word—the tsunami of lawsuits that are
omy recovers, which we all have to NELL said: Well, the Republicans will going to be filed by people, by trial
work to achieve, that recovered econ- bring a bill to the floor. Well, if you lawyers, these mischievous, frivolous
omy will be able to take care of that follow the Senate, six or eight different lawsuits, over the issue of COVID–19.
debt. That is something to keep in bills to the floor, the first swipe is So we kept wondering, when are we
mind too. It isn’t just for the benefit of going through Republican majority going to get to see Senator MCCON-
the families who are unemployed; it is committees. Second, how long is that NELL’s liability immunity proposal? We
for the benefit of the overall economy going to take for us to debate and then waited week after week after week.
to put money back into it now. negotiate between whatever we pass Nothing. Just speeches on the floor.
We learned in basic economics that if and what is pending in the Heroes Act? And then last Monday it was un-
you want to get out of a recession, the It makes no sense. veiled—a 65-page bill. We finally got to
first dollar the government gives away But I will tell you what makes even see what he was talking about. It is un-
should be to the unemployed. They will less sense. In the negotiations, these derstandable why they held it back. It
spend every penny of it, and they will delicate and important life-changing is the biggest giveaway to the biggest
spend it and then have it respent into negotiations that are taking place on businesses in America in modern mem-
the economy over and over again. That Capitol Hill—these negotiations to de- ory. This bill would literally override
is how you create consumer demand. termine what is next now that the $600 State laws that have been passed to
That is how you create demands for Federal payment has expired under un- deal with this issue of culpability and
business activities, goods, and services. employment, for example—in these ne- blame when it comes to the pandemic
So, I want to make it clear from gotiations, there are six chairs. One we face.
what I learned last Friday in Chicago. chair is occupied by the Chief of Staff Twenty-eight States have already en-
No one—no one is getting rich off of to the President of the United States, acted laws to deal with it. This McCon-
unemployment. They are using their Mark Meadows. Another chair is occu- nell-Cornyn proposal would override
unemployment benefits to survive. Av- pied by Secretary Mnuchin from the those State laws. Sadly, their proposal
erage rent is about $1,400 a month in Department of the Treasury. The third would give incentives to cut corners
this country. COBRA health insurance, chair is Speaker of the House, NANCY when businesses deal with health and
where you pick up the health insurance PELOSI. The fourth chair is CHUCK safety in the midst of this pandemic.
policy from the employer that just laid SCHUMER, the Democratic leader of the This bill would jeopardize frontline
you off, runs about $1,700 a month for a U.S. Senate. But there are two empty workers and families, and, sadly, it
family and $600 a month for an indi- chairs in this room for negotiations. would risk further spread of the virus.
vidual. The average cost of food for a Those two empty chairs should be oc- Here is my top-10 list of what is
male adult in America, between $200 cupied. One should be occupied by wrong with this bill that is proposed on
and $400 a month. Add it all up. There KEVIN MCCARTHY, the Republican lead- liability immunity:
isn’t much left over. And if the Repub- er of the House. He is not there. He First, the bill does nothing to protect
lican proposal of cutting $400 a week doesn’t attend these negotiations. And workers, improve safety standards, or
from each of these unemployed be- the other, of course, should be occupied give businesses any incentive to take
comes the law of the land to try to by Senator MCCONNELL, the Republican the proper precautions.
make ends meet, workers of color have leader of the Senate. We had a hearing in the Judiciary
a disproportionate impact when it He has enough time to come to the Committee. I believe the senior Sen-
comes to this economic collapse. floor each day and criticize Speaker ator from Texas was at this hearing. A
Overall unemployment was 11.1 per- PELOSI’s measure that she passed 3 fellow representing a convenience store
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cent in June. Unemployment among months ago, but he apparently doesn’t chain in Texas—his last name was
Black workers is 15.4 percent. It is 14.5 have time to attend negotiations which Smartt—was the Republican witness.
percent for Latinx workers. According could resolve the differences between He was a very good witness, I might
to the National Bureau of Economic the House and Senate and finally bring add. He told us how, in the hundreds of
Research, Black households cut their to rest the concerns of millions of convenience stores he had in Texas, his
household consumption by 50 percent Americans about whether or not there company was literally doing every-
more and Latino households cut their will be enough money coming in next thing they could think of to make the
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S4684 CONGRESSIONAL RECORD — SENATE August 4, 2020
work environment and the customer’s safety laws, Federal bills, laws like the Ninth, the bill is entirely one-sided
environment safe. He talked about so- Fair Labor Standards Act, the Ameri- in favor of corporations. Under the bill,
cial distancing and masks and sani- cans with Disabilities Act, OSHA, and corporations get immunity as defend-
tizers. They were doing everything many, many more. ants but can still bring COVID-related
they could. But his plea to us was: Sen- Sixth, my Republican colleagues say cases as plaintiffs. Only workers and
ators, what is my standard of care? this bill is aimed only at frivolous infected victims have their rights cut
What is the standard I am expected to coronavirus lawsuits, but the bill off by this bill.
achieve? If I know that, he said, I can would wipe out legitimate claims by Finally, the bill even goes so far as to
move forward and meet that standard, workers and victims. By forcing all allow corporations and the Department
and I am going to. I am committed to COVID lawsuits to meet a higher of Justice to sue the workers for bring-
it. standard of proof, heightened pleading ing claims for COVID infection.
Do you know what? I believed him. I requirements, limits on discovery, and The liability immunity this bill
believed his was a good-faith position. other restrictive hurdles, the bill would would grant would last for 5—5 years.
He said he wanted to know the stand- make it nearly impossible for workers The fact that our Republican col-
ard—the public health standard—ex- and victims to even file a claim, let leagues are proposing 5 years of immu-
pected of him, and he would meet it. alone prevail. nity for corporations but only a hand-
I want to tell you, if somebody Seventh, the bill would upend the ful of months of assistance for workers
turned around and sued him afterwards medical liability laws of all 50 States and families tells you their priorities.
because of that, I am convinced that and impose 5 years of sweeping Federal This Republican corporate immunity
there isn’t a jury in America—let alone preemption for nearly all healthcare li- proposal is not credible, and there are
in Texas—who would find him to be lia- ability cases, including for claims that serious questions as to whether it is
ble for negligence or recklessness. He are not related to COVID. even constitutional. This is an area
I went through this and read it over traditionally governed by State law.
did what he was asked to do. He fol-
and over again because I used to deal Twenty-eight States have adjusted
lowed the standards he was given. But
with medical malpractice cases. I their laws to address it during this
his plea to us was: ‘‘Give me a stand-
heard, on the floor, Senator MCCON- pandemic. The Federal Government
ard. I don’t know where to turn.’’ That
NELL and Senator CORNYN say: ‘‘We has deferred to the States on nearly
is what he told us.
have to protect the doctors. We have to every aspect of COVID response—this
The second concern I have with this
protect the hospitals. We have to pro- President said: Leave it to your Gov-
bill is that it would gut existing State
tect the nurses.’’ That, of course, ap- ernor; leave it to your mayor—from
law safety standards. It would federally
peals to all of us because we feel such testing, to procuring PPE, to mask
preempt the right of workers and vic-
a debt of gratitude to the healthcare policies, to stay-at-home orders. There
tims to bring cases under State law to
workers and what they are going is no reason why the Federal Govern-
seek accountability for coronavirus-re-
through to protect us. So I took a look, ment now wants to step in at the ex-
lated harms and would supplant State
and it turns out that they compiled the pense of workers and at the expense of
laws that require businesses to act
statistics on the number of medical customers.
with reasonable care.
malpractice cases filed in America, in I urge my colleagues to oppose the
Under the bill, the only way a victim
the entire Nation, that mention Republican corporate immunity bill.
could hold a business liable is if the
coronavirus or COVID–19. Do you know I yield the floor.
victim proves by clear and convincing The PRESIDING OFFICER (Mrs.
how many medical malpractice cases
evidence—a higher standard than LOEFFLER). The Senator from Texas.
have been filed during what they call a
most—both that the corporation didn’t Mr. CORNYN. Madam President, it
tsunami—a tsunami—of frivolous law-
even try to comply with the weakest was fortuitous that I was here on the
suits against medical providers? How
available safety guideline and also— many do you think in the course of floor when my friend from Illinois de-
also—that the corporation was grossly this year? Six. In the entire Nation of cided to talk about the liability provi-
negligent. I can just tell you, having 50 States, 6 lawsuits—what a tsunami. sions of the bill we filed last week, the
spent a few years making a living as a The provision on medical mal- next installment in the COVID–19 re-
lawyer, that those are almost impos- practice goes further and says: You sponse. Let me just spend a couple of
sible standards to meet. don’t have to prove that you were deal- minutes talking about the issues he
Third, by setting an immunity ing with coronavirus to get this special raised.
threshold at ‘‘gross negligence,’’ the treatment. You can say that the My friend, our colleague from Illi-
bill would immunize corporations from coronavirus had some impact on you as nois, is a very talented lawyer. He has
accountability for conduct that meets a medical provider. a lot of great experience in the court-
the standards to prove negligence or Some impact. That is it? What does room. He understands how courts work
recklessness under current State law. that mean? Coronavirus has had an im- and how the litigation practice works.
So you can get away with negligence; pact on every single American. Some I think at last count I saw that
you can even get away with reckless- impact? It basically means that all roughly 3,000 to 3,500 lawsuits had been
ness; but, boy, you just better not show medical malpractice suits are going to filed. I don’t know what the exact num-
gross negligence. That is what the bill be put on hold for 4 or 5 years regard- ber is, but it is pretty irrelevant be-
says. less of the circumstances, regardless of cause there is ordinarily, under State
Fourth, the bill would enable cor- whether they had anything to do with tort laws—at least in my State—a 2-
porations to be shielded from liability COVID–19. year statute of limitations for a per-
even if they make no effort—no effort— Eighth, the bill aims to solve a prob- sonal injury lawsuit. So I guarantee
to comply with the guidelines from the lem that does not exist. We are months you that the flood is coming. Having
Centers for Disease Control, due to the into this epidemic, and there has been survived one pandemic, the American
way the bill treats nonmandatory no tidal wave of worker or victim law- economy is going to have to withstand
guidelines. Why would Congress feder- suits that justifies this massive Fed- a second pandemic of opportunistic
ally preempt State laws and then allow eral preemption of State laws and lawsuits.
businesses to ignore the Federal CDC grants of broad immunity. Out of 4.7 I think it is going to be hard for peo-
safety guidelines? million Americans—and that is a low- ple to prove where they acquired the
Fifth, instead of establishing strong, ball number—4.7 million Americans virus. Ordinarily, that would be an ele-
clear, enforceable Federal safety stand- ment of the plaintiff’s burden of proof,
SSpencer on DSK126QN23PROD with SENATE
who we think have been infected by
ards by OSHA and CDC, the Republican COVID–19, there have been 6 COVID but we know that in jury trials, where
bill would go the other direction and medical malpractice suits, 17 consumer expert witnesses are hired, all they
shield businesses from enforcement personal injury suits, and 75 condi- would need to say is that it is more
proceedings under Federal health and tions-of-employment suits. Many of the likely than not that they got it at this
safety laws; in other words, specifically lawsuits involving COVID–19 are be- daycare center or this nonprofit or in
protecting businesses from being held tween insurance companies: Does your this hospital—enough to create a ques-
accountable under existing health and policy cover, or does your policy cover? tion for the jury. Then it is really a
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4685
matter of whose expert witness you be- going to recover, rebound from this that. I know we are still a long way
lieve, and, of course, the chances are now that we have learned how to treat away from a negotiated resolution of
that you will be found responsible people with the COVID–19 virus better the things that separate us here on this
based upon that contested factual to save more lives, to prevent them next COVID–19 bill, but I agree with
issue. from going on ventilators and the like? the majority leader that this is an es-
It is more likely, I believe, that these And, as we are in a race to come up sential ingredient in that next bill.
lawsuits will have very little merit. with better treatments and, hopefully, Prior to the arrival of COVID–19 in
The juries will be very skeptical of a vaccine—which will be the gold America, the Texas economy was
these lawsuits because they understand standard, I believe, in terms of our booming, along with the rest of Amer-
that this pandemic came out of no- learning to live with this virus—what ica’s economy. Businesses have flocked
where. Actually, we know where it is going to happen to the economy? to Texas, creating new jobs and at-
came from: China. But nobody was What is going to happen to the jobs tracting top talent from around the
fully aware of all of the circumstances that used to be there but which no country. People are literally voting
under which we would need to respond. longer exist because of the recession we with their feet and coming to where
We have had to adapt as time has are in? they have an opportunity to work, pro-
gone on, and we have had different ad- The threat of this second pandemic of vide for their family, and pursue their
vice from the CDC and the national ex- litigation—opportunistic litigation— dreams.
perts. For example, I remember—I will be a body blow to an economy that We began the year with a 3.5-percent
went back and checked. The CDC didn’t wants to reopen, to people who want to unemployment rate in Texas—3.5 per-
recommend that we wear masks until go back to work safely, to children who cent, just one-tenth of a percent above
roughly April. Before that, they were want to go back to school, to parents the historic low set last summer. But
really considered ineffective. So if who want to have a daycare facility as the pandemic began its deadly sweep
somebody files a lawsuit saying, well, watch their children in a safe environ- across the country, everything
you should have been wearing masks at ment while they go back to work. changed. Texas businesses, as were re-
your workplace, and because you One of the things we have talked quired, closed their doors to stop the
didn’t, somebody got the virus, well, about during all this is essential work- spread of the virus, and millions of
what is the timeframe in which that ers. Well, I think all work is essential. workers were suddenly without a pay-
guidance would apply? Would it be ret- It is important. It is important to our check.
roactive to January, when the virus personal well-being, it is important to We didn’t know when our economy
first broke out here in the United our economy, and it is important to would begin to recover, when we would
States, or would it be sort of based on the families who depend on the wage reopen to a point where those who were
lessons learned down the road? earner to bring home a paycheck so laid off work could come back safely.
Here is the real problem: My friend that they can put food on the table and And we knew State unemployment
from Illinois knows that lawsuits are pay the rent. benefits alone were not sufficient to
filed every day in America with no real I believe that this second pandemic bridge the gap. That is why, when we
expectation of ever trying the case in of COVID–19 litigation—as I said, there passed the CARES Act late in March,
front of a jury—or a judge, for that is ordinarily a 2-year, I believe, statute we didn’t just enhance the unemploy-
matter—because we all know that the of limitations—could well keep our ment benefits; we actually sent a di-
costs of defending those lawsuits can economy shut down, destroy small rect deposit to the bank account of all
be enough in and of themselves to deter businesses that have been holding on adults earning less than $75,000 a year.
people from reopening their business. by a thread, and, frankly, punish peo- We sent them $1,200 to tide them over,
Frequently, what happens—there is a ple who had no choice but to show up to give them a lifeline, which I think
phenomenon known as nuance settle- for work. was very, very important because, even
ments, where defendants calculate, I mean, if you are a physician or a if you are out of work, you can’t get
how much is this going to cost me to nurse, you didn’t have any option but unemployment benefits instanta-
defend, and I will go ahead and pay to show up for work. You knew you had neously, and we know that a lot of the
that money now in order to avoid the to do it in order to do your job, in order workforce commissions like those we
further vexation of a lawsuit. And that to pursue your profession. Are we then have in Texas that administer the un-
is the seed money used to file the next going to subject them to litigation employment compensation program
lawsuit and the next lawsuit and the risks because of their having to en- were overwhelmed with applications.
next lawsuit. I think we can reasonably counter something totally new and un- So it was important that we provide
expect that there will be a lot of class- precedented? that direct relief and then the en-
action lawsuits. I think it would be a cruel joke for us hanced unemployment benefit.
The goal here is not to provide blan- to say: Yes, you are an essential work- Well, in Texas, the average unem-
ket immunity; the goal is to do what er; yes, you have no choice but to show ployment benefit is $246 a week. With
we did after the Y2K phenomenon, up; and, yes, you have no choice but to an additional $600 a week, which we
when we questioned whether our com- be subjected to a lawsuit because some- added as part of the CARES Act, that
puters would actually register the body 2 or 3 years later wants to second- amount more than tripled. Since
change of the century rather than go guess the decisions you made in the March, more than 3 million Texans
back to the earlier century and wheth- middle of a pandemic. I just think it have filed for unemployment benefits,
er the disruption in financial markets would be enormously unfair to those and recipients have taken advantage of
and the like would occur. This is essential workers who had no choice the bolstered benefits, which I sup-
roughly the same sort of thing we did but to show up. ported.
after 9/11, too, to provide some sta- I want to say, in conclusion, I dis- This additional income, provided on a
bility, some certainty, to very chaotic agree with my colleague on one other temporary basis, has helped families
and challenging times. matter as well. I believe, by rewarding cover their rent, their groceries, and
So we know that, in addition to the compliance with government public other critical expenses until they are
public health fight, we are trying to re- health guidelines, providing a safe har- able to return to work, and, for many
open our economy safely. Mothers and bor for negligence claims, it actually workers, there is still a great deal of
fathers and teachers and school offi- incentivizes people to follow those uncertainty about when that might
cials are thinking about how can our guidelines. Isn’t that what we want to happen.
SSpencer on DSK126QN23PROD with SENATE
children resume their education, do? Isn’t that what we want our When the CARES Act passed in
whether online or in person, but safety, schools, our daycare centers, our non- March, we were all hopeful that the
obviously, is the most important point. profits, our retail businesses—don’t we economic outlook at this point would
The fact is, we had one of the best want them to comply with those public be much brighter than it is today, and
economies in my lifetime before this health guidelines? that is why these benefits came with
virus hit in January, and now we are in Well, this is one way to reward them an expiration date of July 31, last Fri-
a recession. The question is, Are we and incentivize them to do exactly day. We had hoped that our economy
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S4686 CONGRESSIONAL RECORD — SENATE August 4, 2020
would be rebounding and we would be Now, obviously, if there is not a job These unwanted, unaffordable, and,
in better shape controlling and defeat- for people to take, then they should frankly, laughable proposals are not
ing this virus and that more businesses continue to get unemployment bene- the types of solutions America needs to
would be able to reopen their doors or fits, but if there is a job, then I think recover from this crisis, especially
create new jobs, which obviously has the incentive should be to encourage when it comes to rebuilding our econ-
not happened as quickly as we would them to safely return to work, not to omy.
have liked. pay them more not to work. In the next relief bill, Congress must
In Texas, our unemployment rate The bill proposed by House Demo- include additional unemployment ben-
went from 3.5 percent to 13.5 percent in crats would extend the $600 Federal efits to help those who, through no
April, a 10-point increase in unemploy- benefit through next January, pro- fault of their own, are out of work, but
ment. We have made progress since viding even less of an incentive for we can’t defy common sense and con-
then, thankfully, with it dropping now workers to safely reenter the work- tinue paying some people more to stay
down to 8.6 percent—still a historically force. This is just one of the countless home than to return to work. Our long-
high level of unemployment, but it is places where the Democrats’ $3 trillion term economic recovery will depend on
moving in the right direction. Heroes Act fails to deliver the relief people safely returning to the work-
While this is encouraging, we still our country actually needs. This is $3 force, and Congress cannot stand in the
have a long way to go, and we cannot trillion on top of the roughly $3 trillion way.
allow those impacted to go another day that we have already spent. In addition to supporting workers
without the income that they need to Rather than helping Americans get until they are able to return to work,
support their families. As Republicans back to work, the Heroes Act passed by we also need to ensure that they will
and Democrats continue to work to- the House includes a long list of liberal have a job to go back to.
gether toward an agreement on the priorities, things like environmental Madam President, I ask unanimous
next coronavirus response package, justice grants—what in the heck does consent to proceed for 5 more minutes.
these individuals are being sacrificed that have to do with COVID–19?—soil The PRESIDING OFFICER. Without
and hurt in the interim. health studies, and not one but two objection, it is so ordered.
Why did Democrats block our at- subsidies for diversity and inclusion in Mr. CORNYN. Madam President, I
tempt to extend unemployment bene- the cannabis industry—hardly any- thank my colleague for his indulgence.
fits last week? Is it because they don’t thing to do with COVID–19. One of the things we need to do is
care about the people who are hurting, What is more, our colleagues across make sure that the Paycheck Protec-
who need those resources? the aisle who railed about tax cuts for tion Program is replenished as well.
Our colleague from Arizona, Senator the rich, well, they want to allow mil- This is the most successful part of our
MCSALLY, offered a bill last week to ex- lionaires and billionaires in blue States coronavirus response—more than $670
tend these benefits for an additional to pay less in taxes. They want a tax billion appropriated to help small busi-
week so that we could continue negoti- cut for the millionaires and billion- nesses maintain their payroll, to keep
ating, but the minority leader, the aires in their States by eliminating the their employees on the payroll.
Democratic leader, Senator SCHUMER, cap on the deductibility of State and More than 400,000 small businesses in
blocked it. He prevented us from pass- local taxes. Texas have received these loans, bring-
ing the simple, 1-week extension to For too long, people in my State and ing in over $41 billion to the Lone Star
give us some time to complete our ne- other parts of the country have had to State. This money has kept countless
gotiations and make sure that people subsidize the big-spending blue States Texans on the payroll not only for
who needed that money would not be by allowing them to deduct all of their today but into the future. I hope we
hurt. State and local taxes. That means you will continue the Paycheck Protection
I am embarrassed that the Senate and I have to pay to subsidize those Program as part of the next COVID–19
could not overcome this partisan dys- high-tax jurisdictions like New York response.
function in order to provide this ex- City, for example. There is another provision that we
tended benefit to people who need it Well, in addition, the Heroes Act need to address, though, and that has
while we do our job here. There is no deepens the hiring struggle businesses to do with the deductibility of the ex-
excuse for allowing this provision to are already facing, and it rapidly digs penses of businesses that have received
expire without even a temporary meas- our Nation deeper and deeper into debt. Paycheck Protection Program loans
ure until a final decision is reached. It is so unpopular, even among our and grants. Unfortunately, while Con-
Even though we are coming up on the Democratic colleagues, that it barely gress made clear that we expected busi-
traditional August recess, I believe we managed to pass the House in May. nesses that received these loans and
need to stay here working until an I want to credit the Senator from grants to have the benefit of the ordi-
agreement is reached to provide these Wyoming, who is here in the Chamber, nary business expenses, the Internal
workers with the support they need. Of who pointed out some of the quotes Revenue Service has said just the oppo-
course, there is a delicate balance be- from the New York Times and others site.
tween helping these workers and stand- at the time. The Joint Tax Committee that scores
ing in the way of an economic recov- Here is what the New York Times bills—tax bills—has said that a bill we
ery. said: ‘‘Even though the bill was more a have now introduced that would allow
Here is the twist: Over the last few messaging document than a viable that deductibility to make that very
months, I have been hearing from a piece of legislation, its fate was in clear has a zero score because they un-
number of business owners in Texas doubt in the final hours before its pas- derstood that Congress intended to
who are struggling to rehire their em- sage.’’ allow those deductions in the first
ployees because—get this—they are ac- National Public Radio, hardly a bas- place.
tually making more from unemploy- tion of conservative news, said: ‘‘The We have two choices to help small
ment than they made while working, more than 1,800-page bill marks a long businesses: We can write them another
and this is not just a one-off or an iso- wish list for Democrats.’’ check, or we can allow them to deduct
lated issue. If this bill were to become law, Tex- their ordinary business expenses. This
According to the Texas Workforce ans’ tax dollars wouldn’t be supporting would provide some more liquidity and
Commission, with the $600 Federal ben- our response and recovery; they would provide additional assistance and cost
efit on top of the State benefit, 80 per- be funding a range of completely unre- nothing in terms of the score on the
SSpencer on DSK126QN23PROD with SENATE
cent of the recipients of unemployment lated liberal pet projects. bill. It has bipartisan support that I be-
insurance were making more money on Speaker PELOSI knew the Heroes Act lieve merits our consideration.
unemployment than they were when didn’t have a chance of passing in the In conclusion, we need to do every-
previously employed—80 percent. I U.S. Senate. She never intended for thing we can to support the workers
think that is a mistake. Paying people that bill to pass in the Senate. It was and families struggling to make it
more not to work than they would all about messaging and posturing and through this economic downturn, while
make taking available work makes no trying to manage the radicals in the simultaneously securing the founda-
sense whatsoever. Democratic caucus in the House. tion for a strong economic recovery.
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4687
The stakes are high, and I believe the passed, in a bipartisan way, $3 trillion vides resources for healthcare for kids
Senate must stay in session until we in relief, and half of that is still and for jobs. We safely reopen the econ-
are able to deliver the relief our coun- unspent. omy. We safely reopen schools. We fund
try needs. On the State and local government testing, treatment, and vaccines. We
I yield the floor. side, it is ironic to hear the minority provide liability protection. We shield
The PRESIDING OFFICER. The Sen- leader mention all of his preferred pub- the medical community, K–12 schools,
ator from Wyoming. lic service workers, but not once in colleges, universities, and small busi-
Mr. BARRASSO. Madam President, I that discussion did he mention police nesses from frivolous coronavirus law-
ask unanimous consent that I be able officers. That is because the platform suits. We already see greedy trial law-
to complete my remarks prior to the of the Democrats now really is to yers trying to profit from the Nation’s
scheduled vote. defund the police. And this is at a time pain. Over 4,000 lawsuits have already
The PRESIDING OFFICER. Without when the murder rate in his own home- been filed. An avalanche of abusive
objection, it is so ordered. town—New York City—is at a record coronavirus lawsuits will flatten and
Mr. BARRASSO. Madam President, I flatline the economy as it just tries to
level.
want to start by addressing a few of the I come to the floor to discuss the awaken.
things that the minority leader, Sen- We continue to put the health, safe-
reckless spending and the partisan ob-
ator SCHUMER, discussed this morning. ty, and well-being of the American pub-
struction by the Democratic Party. It
Last week, Senator SCHUMER twice— lic first. We are doing everything we
twice—blocked an extension to the is the path they have chosen to deal
with coronavirus. It is the Speaker’s $3 can to defeat the virus, and we con-
Federal unemployment bonus pay- trast our serious efforts with Speaker
ments. Twice, the Democratic leader trillion runaway spending spree.
Speaker PELOSI says it is her way or PELOSI’s pricey, partisan pipe dream. If
threw his hands up, and he said no. He enacted, her so-called Heroes Act
said: Democrats will not support an ex- the highway, and the Senate Demo-
cratic leader, her deputy, CHUCK SCHU- would be a huge waste of taxpayer
tension of these benefits—he said—at money—the largest waste of taxpayer
MER, has been 100 percent behind her
any level. Why? He said why. He said
political stunt. money in U.S. history. In fact, her bill
he wants Republicans to pass his lead-
At the same time, the Democrats are costs more than all previous
er’s bill. His leader is NANCY PELOSI. It
ignoring what the American people tell coronavirus legislation combined. It
is partisan, and it is loaded.
Senator SCHUMER likes to talk about us they want and need. They want to may be her dream; it would be a night-
some of the things in the Speaker’s resume their lives. People want to re- mare for the American public.
sume their lives safely and sensibly, We can go through the things that
bill, but he carefully avoids much of it
and to do so, they need a safe work en- are in the Democrats’ wish list, and
because one-third of the spending is
vironment; they need a safe, effective anything I would say here would just
completely unrelated to coronavirus—a
vaccine; they need their jobs back; and be the tip of the iceberg. Let me re-
full one-third.
Senator SCHUMER says we remain far they need their kids in school. Repub- mind you what POLITICO reported
apart. He said that the difference is be- licans are doing everything we can to when the bill passed the House. It said:
tween ‘‘priorities and scale.’’ Priorities provide this. It is a Democratic wish list filled up
and scale. Well, let’s look at some of At this time of soaring national debt, with all the parties’ favorite policies.
the priorities in the bill that he sup- we must make sure that every penny National Public Radio said the bill
ports: direct payment checks to illegal we spend is focused on the disease and marks a long wish list for Democrats.
immigrants; taxpayer-funded abor- the recovery. Congress has already ap- The New York Times said the bill was
tions; changes to election laws—perma- proved nearly $3 trillion in combined more a messaging document than a
nent; tax breaks for the wealthy in coronavirus aid. When the Senate viable piece of legislation.
passed the bipartisan CARES Act, it Government doesn’t have a spending
New York and in California; millions
was the largest rescue package in U.S. problem so much as an overspending
and millions more for environmental
history. Over $1 trillion of the relief problem. It is on full display right now
justice, the National Endowment for
money still has not been spent, and at as the Democrats promote runaway
the Arts. It is a long, long list.
The minority leader’s statement was the same time, millions of people who spending—spending that is unrelated to
full of metaphors and analogies this lost their jobs in lockdowns remain out the challenge before us. Speaker
morning, but he had very little, if any, of work. Schools and small businesses PELOSI is wasting our Nation’s time on
substance. face challenges in reopening as well. a far-left fantasy that does not have a
The votes we had last week were not Congress needs to act, and we need to single chance in the world of becoming
what he said—‘‘sham votes’’; they were act now. We want to support people law.
real votes that would have extended who are most in need and to do it in a Let me be clear. Republicans will
real money to real people all over the way that encourages, not discourages, hold the line on reckless spending. We
country. The answer by Senate Demo- work. need to keep the next relief bill to no
crats, according to their Senate Demo- According to the University of Chi- more than $1 trillion, and we need to
cratic leader, is a larger Federal Gov- cago study, two out of three unem- ensure that the bill only includes
ernment. That is what they are pro- ployed people are currently making things directly related to the
posing. more at home than they would at coronavirus.
The minority leader used the analogy work. That is due to this $600-per-week I am ready to act now. It is essential
of a leaky faucet. He said that we have bonus payment. It is not common we get this right. And for the good of
to take care of the flood, but he never sense. the country, this wild, willful, wasteful
mentioned actually fixing the faucet. Last week, when Republicans offered spending by the Democrats has to stop.
a sensible compromise, Democrats re- I yield the floor.
Their bill does exactly that—never gets
jected it out of hand. They want to I ask for the yeas and nays.
to fixing the problem; it just gives The PRESIDING OFFICER. Under
Americans a larger government. continue paying people more to stay
the previous order, the question is, Will
The Republican plan provides 10 home than they would make at work.
the Senate advise and consent to the
times more for vaccine development Democratic leaders are holding the un-
Menezes nomination?
and distribution than what the Demo- employed hostage—as they say, lever- Is there a sufficient second?
crats passed in the House. It actually age—in their negotiations with the There appears to be a sufficient sec-
White House. Once again, the Demo-
SSpencer on DSK126QN23PROD with SENATE
gets at beating the virus. The Demo- ond.
crats say they are rescuing schools and crats are putting politics above people, The clerk will call the roll.
small businesses, but their bill actually slowing the economic recovery, and de- The bill clerk called the roll.
zeroes out the Paycheck Protection stroying millions of jobs in the process. Mr. THUNE. The following Senator is
Program and provides less money for Senate Republicans, meanwhile, in- necessarily absent: the Senator from
schools. troduced serious relief legislation. The North Carolina (Mr. TILLIS).
As for understanding the needs of the Republican legislation is targeted, tai- Mr. DURBIN. I announce that the
country, Senate Republicans have lored to the emergency. Our bill pro- Senator from Maryland (Mr. CARDIN),
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S4688 CONGRESSIONAL RECORD — SENATE August 4, 2020
the Senator from Vermont (Mr. proceed to the immediate consider- pears and inserting ‘‘United States Olympic and
LEAHY), the Senator from Vermont ation of Calendar No. 503, S. 2330. Paralympic Committee’’.
(Mr. SANDERS), and the Senator from The PRESIDING OFFICER. The (b) CONFORMING AMENDMENTS.—The table of
chapters for part B of subtitle II of title 36,
Virginia (Mr. WARNER) are necessarily clerk will report the bill by title.
United States Code, is amended by striking the
absent. The bill clerk read as follows:
item relating to chapter 2205 and inserting the
The PRESIDING OFFICER (Mr. A bill (S. 2330) to amend the Ted Stevens following:
CRUZ). Are there any other Senators in Olympic and Amateur Sports Act to provide
‘‘2205. United States Olympic and
the Chamber desiring to vote? for congressional oversight of the board of
Paralympic Committee ... 220501’’.
directors of the United States Olympic and
The result was announced—yeas 79, SEC. 4. CONGRESSIONAL OVERSIGHT OF UNITED
Paralympic Committee and to protect ama-
nays 16, as follows: teur athletes from emotional, physical, and
STATES OLYMPIC AND PARALYMPIC
COMMITTEE AND NATIONAL GOV-
[Rollcall Vote No. 155 Ex.] sexual abuse, and for other purposes. ERNING BODIES.
YEAS—79 There being no objection, the Senate (a) IN GENERAL.—Chapter 2205 of title 36,
Alexander Feinstein Peters proceeded to consider the bill, which United States Code, is amended—
Baldwin Fischer Portman had been reported from the Committee (1) by redesignating the second subchapter
Barrasso Gardner Reed designated as subchapter III (relating to the
Bennet Graham Risch
on Commerce, Science, and Transpor-
United States Center for SafeSport), as added by
Blackburn Hassan Roberts tation, with an amendment to strike
Blunt Hawley
section 202 of the Protecting Young Victims from
Romney all after the enacting clause and insert Sexual Abuse and Safe Sport Authorization Act
Booker Heinrich
Boozman Hoeven
Rounds in lieu thereof the following: of 2017 (Public Law 115–126; 132 Stat. 320) as
Rubio
Braun Hyde-Smith
Sasse
SECTION 1. SHORT TITLE. subchapter IV; and
Brown Inhofe This Act may be cited as the ‘‘Empowering (2) by adding at the end the following:
Scott (FL)
Burr Johnson Olympic and Amateur Athletes Act of 2019’’.
Cantwell Jones Scott (SC) ‘‘SUBCHAPTER V—DISSOLUTION OF
Shaheen SEC. 2. FINDINGS. BOARD OF DIRECTORS OF CORPORA-
Capito Kaine
Carper Kennedy Shelby Congress makes the following findings: TION AND TERMINATION OF RECOGNI-
Casey King Sinema (1) The courageous voice of survivors is a call TION OF NATIONAL GOVERNING BODIES
Cassidy Lankford Smith to action to end emotional, physical, and sexual ‘‘§ 220551. Definitions
Collins Lee Stabenow abuse in the Olympic and Paralympic move-
Coons Loeffler Sullivan ment. ‘‘In this subchapter, the term ‘joint resolution’
Cornyn Manchin Tester (2) Larry Nassar, the former national team means a joint resolution—
Cotton McConnell Thune doctor for USA Gymnastics, sexually abused ‘‘(1) which does not have a preamble; and
Cramer McSally Toomey ‘‘(2) for which—
Crapo Moran
over 300 athletes for over two decades because of
Udall
ineffective oversight by USA Gymnastics and ‘‘(A)(i) the title is only as follows: ‘A joint res-
Cruz Murkowski Van Hollen olution to dissolve the board of directors of the
Daines Murphy Whitehouse the United States Olympic Committee.
Duckworth Murray (3) While the case of Larry Nassar is unprece- United States Olympic and Paralympic Com-
Wicker mittee’; and
Durbin Paul Young dented in scale, the case is hardly the only re-
Enzi Perdue cent incident of sexual abuse in amateur sports. ‘‘(ii) the matter after the resolving clause—
(4) Survivors of Larry Nassar’s abuse and all ‘‘(I) is as follows: ‘That Congress finds that
NAYS—16 dissolving the board of directors of the United
survivors of abuse in the Olympic and
Blumenthal Hirono Schatz Paralympic movement deserve justice and re- States Olympic and Paralympic Committee
Cortez Masto Klobuchar Schumer would not unduly interfere with the operations
Ernst Markey
dress for the wrongs the survivors have suffered.
Warren of chapter 2205 of title 36, United States Code’;
Gillibrand Menendez (5) After a comprehensive congressional inves-
Wyden and
Grassley Merkley tigation, including interviews and statements
Harris Rosen from survivors, former and current organization ‘‘(II) prescribes adequate procedures for form-
officials, law enforcement, and advocates, Con- ing a board of directors of the corporation with
NOT VOTING—5 gress found that the United States Olympic all reasonable expediency and in a manner that
Cardin Sanders Warner Committee and USA Gymnastics fundamentally safeguards the voting power of the representa-
Leahy Tillis failed to uphold their existing statutory pur- tives of amateur athletes at all times; or
poses and duty to protect amateur athletes from ‘‘(B)(i) the title is only as follows: ‘A joint res-
The nomination was confirmed. olution relating to terminating the recognition
The PRESIDING OFFICER. Under sexual, emotional, or physical abuse.
(6) USA Gymnastics and the United States of a national governing body’; and
the previous order, the motion to re- Olympic Committee knowingly concealed abuse ‘‘(ii) the matter after the resolving clause is
consider is considered made and laid by Larry Nassar, leading to the abuse of dozens only as follows: ‘That Congress determines that
upon the table, and the President will of additional amateur athletes during the period lllllllll, which is recognized as a na-
be immediately notified of the Senate’s beginning in the summer of 2015 and ending in tional governing body under section 220521 of
actions. September 2016. title 36, United States Code, has failed to fulfill
The Senator from Kansas. (7) Ending abuse in the Olympic and its duties, as described in section 220524 of title
Paralympic movement requires enhanced over- 36, United States Code’, the blank space being
f sight to ensure that the Olympic and filled in with the name of the applicable na-
Paralympic movement does more to serve ath- tional governing body.
LEGISLATIVE SESSION
letes and protect their voice and safety. ‘‘§ 220552. Dissolution of board of directors of
SEC. 3. UNITED STATES OLYMPIC AND corporation and termination of recognition
PARALYMPIC COMMITTEE. of national governing bodies
MORNING BUSINESS (a) IN GENERAL.—Chapter 2205 of title 36, ‘‘(a) DISSOLUTION OF BOARD OF DIRECTORS OF
Mr. MORAN. Mr. President, I ask United States Code, is amended— CORPORATION.—Effective on the date of enact-
unanimous consent that the Senate (1) in the chapter heading, by striking ment of a joint resolution described in section
proceed to legislative session for a pe- ‘‘UNITED STATES OLYMPIC COMMITTEE’’ 220551(2)(A) with respect to the board of direc-
and inserting ‘‘UNITED STATES OLYMPIC tors of the corporation, such board of directors
riod of morning business, with Sen- AND PARALYMPIC COMMITTEE’’;
ators permitted to speak therein for up shall be dissolved.
(2) in section 220501(b)(6), by striking ‘‘United ‘‘(b) TERMINATION OF RECOGNITION OF NA-
to 10 minutes each. States Olympic Committee’’ and inserting TIONAL GOVERNING BODY.—Effective on the date
The PRESIDING OFFICER. Without ‘‘United States Olympic and Paralympic Com- of enactment of a joint resolution described in
objection, it is so ordered. mittee’’; section 220551(2)(B) with respect to a national
Mr. MORAN. I ask unanimous con- (3) in section 220502, by amending subsection governing body, the recognition of the applica-
sent that Senator BLUMENTHAL, Sen- (c) to read as follows: ble amateur sports organization as a national
‘‘(c) REFERENCES TO UNITED STATES OLYMPIC
ator COLLINS, and I be able to complete governing body shall cease to have force or ef-
ASSOCIATION AND UNITED STATES OLYMPIC COM-
our remarks before the recess. fect.
MITTEE.—Any reference to the United States
The PRESIDING OFFICER. Without ‘‘§ 220553. Joint resolution
SSpencer on DSK126QN23PROD with SENATE
Olympic Association or the United States Olym-
objection, it is so ordered. pic Committee is deemed to refer to the United ‘‘(a) REFERRAL AND REPORTING.—
States Olympic and Paralympic Committee.’’; ‘‘(1) HOUSE OF REPRESENTATIVES.—
f
(4) in section 220506(a), by striking ‘‘United ‘‘(A) IN GENERAL.—In the House of Represent-
EMPOWERING OLYMPIC AND States Olympic Committee’’ and inserting atives, a joint resolution shall be referred to the
AMATEUR ATHLETES ACT OF 2019 ‘‘United States Olympic and Paralympic Com- Committee on Energy and Commerce.
mittee’’; and ‘‘(B) DISCHARGE.—The Committee on Energy
Mr. MORAN. Mr. President, I ask (5) in section 220531, by striking ‘‘United and Commerce shall be discharged from further
unanimous consent that the Senate States Olympic Committee’’ each place it ap- consideration of a joint resolution and the joint
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