Congressional Record — Senate, August 5, 2020
Summary
Page S4904 of the Senate section of the Congressional Record for August 5, 2020, in interleaved columns, from a long page of floor speeches. One speaker argues that healthcare workers acting in good faith need legal guardrails against opportunistic litigation, says the legislation sets a willful misconduct standard and is not blanket immunity, and calls it a view on protecting essential workers. Another speaker, the son of Cuban refugees, speaks about immigrant farmworkers and the count of all persons living in the country, which he says does not distinguish by status or citizenship.
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“Congressional Record — Senate, August 5, 2020.”
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S4904 CONGRESSIONAL RECORD — SENATE August 5, 2020
They are worried about the carpet- keep their staff, their patients, and If the doctor and the hospital did the
bombing of opportunistic litigation. their communities safe. And, of course, best they could following those guide-
After all, these are some of the very it includes protections for our incred- lines, they should not be subjected to
same people we have said must show up ible healthcare workers who have been these types of litigation.
for work, must continue to provide es- on the frontlines of this crisis for Now, as I have said, the legislation
sential goods and services to their com- months. would not provide blanket immunity.
munities during this crisis. Now they Amid rapidly changing guidelines, Nobody is arguing for that, but we do
are worried that we are going to throw staffing shortages, and scarce supplies need clear guardrails to ensure that
them under the bus and make them of personal protective equipment, they the dedicated healthcare workers and
subject to lawsuits for doing the best continued to adapt and deliver the best other essential workers who were act-
they could under very difficult cir- possible care to their patients. ing in good faith will not be drained
cumstances. Just to give you one example of how dry by the trial bar.
Well, we can already see the commer- rapidly the guidelines are changing, in This legislation sets a willful mis-
cials on TV or the billboards soliciting March, the Texas Health and Human conduct or gross negligence standard
these lawsuits. The trial bar is pre- Services Commission provided a man- to ensure that only bona fide, legiti-
pared to file lawsuits against doctors, ual to nursing homes with guidance on mate claims are brought against these
nurses, teachers, small business own- managing and preventing a COVID–19 healthcare workers.
ers—anyone and everyone who might outbreak. The manual was 28 pages The patients subjected to that type
be able to pay a judgment or, more long. Since then, it has nearly tripled of treatment have every right to sue
likely, who has an insurance policy. in length. and to be made whole, and this will
According to the law firm Hunton As we have learned more about this preserve that basic right. But it will
Andrews Kurth, nearly 4,000 claims virus, guidelines have evolved, as you also make sure that the hard-working
have already been filed—more than 275 would hope they would, to ensure that doctors, nurses, emergency medical
in Texas—but we are also talking our healthcare workers know the most technicians, and other medical profes-
about circumstances under which the effective ways to quarantine, test, and sionals who have acted in good faith
statute of limitations is 2 years. So 2 treat patients. That is an unequivo- are not pulled into litigation that
years from the claimed incident, you cally good thing. It is strengthening could send them into bankruptcy.
could file a lawsuit. So this is just the our response, it is helping us slow the Over the past several months, our
tip of the iceberg. spread of the virus, and it is savings healthcare workers have navigated the
As our economy begins to reopen, so lives. dark, treacherous, and rapidly chang-
will the floodgates, and we need to But it has also created a host of chal- ing waters of this storm to save as
take action now to prevent this tidal lenges for the healthcare workers who many lives as possible.
wave of litigation from wiping out the are the very ones complying with these I should point out that I think about
very workers, businesses, and institu- rapidly changing guidelines, doing the 30 States have, at the State level, pro-
tions we have been fighting to keep best they can under difficult cir- vided the kind of protection to
afloat. cumstances. healthcare workers I am talking about.
Leader MCCONNELL and I have intro- I learned about an elderly patient So we need to throw them a lifeline,
duced the SAFE TO WORK Act to ad- who arrived at a hospital emergency not feed them to the sharks. Instead of
dress this issue and to prevent this room during the early stages of the naming a bill in honor of our
trial lawyer bonanza from bringing pandemic with a fever but no other healthcare heroes that does absolutely
even more harm to our country and to COVID–19 symptoms. nothing to help them, as the House has
our economy. At that point, testing supplies were done, let’s pass a bill that will honor
Unlike the unserious Heroes Act, this constrained, and the applicable CDC them.
would give our healthcare workers ex- protocol was to limit testing only to If our friends across the aisle want to
actly the kind of support they need, patients who met the strict criteria, help our healthcare workers and thank
but I want to make clear what this leg- who had symptoms. And with only a them for their immeasurable sacrifices
islation does and does not do. fever, this patient did not meet those they have made, liability protection
First, it is not a blanket shield from criteria so he was not tested. would do exactly that.
liability. It will not prevent bad actors The healthcare workers identified an So I hope our colleagues are prepared
from being held accountable. It will infection site that could have been to acknowledge the widely known
not prevent people from filing causing his fever, so they treated him truth—that the Heroes Act is an
coronavirus lawsuits, and it will not and discharged him with instructions unserious piece of legislation that has
give anyone a ‘‘get out of jail free’’ to return if his condition worsened. zero chance of becoming law. It is time
card. Several days later, unfortunately, his to stop playing games and get serious
In cases of gross negligence or willful condition did worsen, and he went to a about what our country needs at this
misconduct, where applicable public different hospital where he was given a critical moment.
health guidelines were ignored, the per- COVID–19 test. The result came back As negotiations on the next relief
son bringing the claim has every right positive, and ultimately he was admit- package continue, I would ask our col-
to sue and to be made whole, and we ted to the intensive care unit. leagues to set aside the completely un-
are not suggesting any change to that. Then, several days later, he trag- related priorities in the Heroes Act and
What we do need to do, though, is put ically passed away from coronavirus- focus on the changes that need to be
some safeguards in place to help those related symptoms. made to keep our healthcare and other
who were operating in good faith under For the man’s family, I know this essential workers safe but also to pro-
uncertain circumstances, under some- raises questions of how things might tect them from frivolous litigation.
times changing guidance and direction, have been different today if he had The PRESIDING OFFICER. The Sen-
even though they were trying to follow been tested on that initial visit in the ator from Minnesota.
all of the relevant guidelines. emergency room. They have said they f
That includes protections for non- may file a lawsuit against the physi-
profits that have gone above and be- cian and the hospital for not per- BROADBAND
yond to support their communities, as forming a test and admitting the man Ms. KLOBUCHAR. Mr. President, I
the demand for their services has sky- to the hospital on the first visit. rise today to talk about a focus sub-
SSpencer on DSK126QN23PROD with SENATE
rocketed. It includes the schools, the But the doctors there were simply ject, which is access to broadband.
colleges, the universities that are pre- following the best advice they had at I will say that I know the negotia-
paring to take every conceivable pre- the time and were constrained by the tions between the House and the Sen-
caution to keep students and teachers number of tests available—only to test ate and the White House are con-
safe this fall. It includes the hospitals patients when they had symptoms of tinuing. I think it is very important
that have been on the frontlines and the virus and, unfortunately, this for the American people that we do
have fought significant headwinds to man’s symptoms did not qualify. this in good faith.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4905
I disagree with my colleague from that only 66 percent of Black house- might be OK—not just for 3 months but
Texas on a few of the descriptions of holds, 61 percent of Latino households, for a year and beyond when it comes to
the bill that came over from the House, and 63 percent of rural households have education. Little kids, first graders and
which I think the fact that the bill broadband at home of the quality that second graders, when they are supposed
that was first introduced here in the would allow them to work and to con- to be learning to read, they can’t be
Senate had only 20 percent of the fund- duct their business and to participate apart from teaching for that long a pe-
ing for testing that the House bill had in school and host a meeting in riod of time without it having a major
is very concerning, when you look at healthcare. impact on their education. Again, that
people waiting to get test results, the In rural areas in my State, about 16 also includes higher education. Not
fact that there was no money to keep percent of households lack broadband every kid in a college or community
our elections safe. You can just go even at baseline speeds. That means we college can afford high-speed internet.
through line by line on the issues and have 144,000 households that don’t have That is why I introduced the Sup-
the differences in the bill. access to the internet. One of the sad- porting Connectivity for Higher Edu-
But my interest today is not actually dest stories I remember was a house- cation Students in Need Act in May,
emphasizing those differences; it is how hold in one of our Tribal areas that got with Senators HIRONO, PETERS, and
can we come together, what are the and paid for their own high-speed inter- ROSEN, that creates a fund at the Na-
things we can agree on, and the fact net and the parents looked out the win- tional Telecommunications and Infor-
that we cannot just pass a bandaid for dow and saw all these kids in their mation Administration to help ensure
the American people when we have lawn, and that is because they were that college students with the greatest
learned that the GDP annualized is trying to get access to the internet financial need can access critical inter-
going to be down 30 percent, when we from that one household to be able to net services and equipment like
learned that so many people are losing do their homework. That was a story laptops and tablets.
their homes or being evicted, and so from Leech Lake Reservation. Our bill prioritizes Historically
many are filing for unemployment. Many students have shifted to online Black Colleges and Universities, Tribal
This is the time for action. and will continue distance learning, colleges and universities, Hispanic-
Broadband, I would say, has been an and we need to make sure that all kids serving institutions, and other minor-
issue, especially in rural America, for a can learn. That is why I wrote a letter ity-serving institutions, as well as
long time, and having once traveled to to Senators PETERS and TESTER, urging rural-serving institutions. As we con-
Iceland and having seen how the Ice- the FCC to ensure that all K–12 stu- tinue to confront this pandemic, ensur-
landers have high-speed internet at dents have internet access to continue ing that students get internet from
every corner of their country, despite learning from home during this pan- kindergarten and preschool on through
the fact that they are a country of lava demic. Following the announcement of college and the like is really impor-
and volcanoes and volcanic ash, we can school closings in Minnesota and the tant.
certainly do better. remote learning, I worked with Sen- I have spoken with small broadband
The problems I was hearing about for ator SMITH to urge the FCC to ensure providers and superintendents across
years that we tried to get at slowly but that Minnesota students have access to my State who have been working with
surely with access to internet have be- high-speed internet. school districts to connect students to
come very clear to parents who are I am grateful for Senator MARKEY’s the internet, going that extra mile to
simply trying to make sure their chil- leadership in ensuring students have help, including providing free internet
dren are able to participate remotely the connectivity they need. I was proud services and installing public Wi-Fi
in school. While other kids of other to join him and 43 of our Democratic hotspots in their communities. They
parents who happen to have high-speed colleagues in the Senate to introduce helped our kids, but we know we need
internet are able to fully participate, the Emergency Educational Connec- better long-term solutions.
others aren’t. Sometimes it is because tions Act, to establish a fund at the That is why Senator CRAMER and I
of equipment, but oftentimes, in my FCC to help schools and libraries pro- introduced the Keeping Critical Con-
State, it is because of a lack of access vide Wi-Fi hotspots or other connected nections Act to create a fund at the
to high-speed internet. devices to students without home FCC to help small broadband providers
Stories of one girl in Southern Min- internet access. This bill, in fact, as I continue to provide critical internet
nesota who had to take her biology think of the comments of my colleague services. It has been my experience
test in a liquor store parking lot be- from Texas—this bill was included in after many years in my State that
cause that is where she could get the the Heroes Act that was passed by the many of these smaller providers on the
high-speed internet; the doctor—this is House, and it is incredibly important ground are much quicker and do a bet-
prepandemic—who could, yes, access x that we have broadband capabilities in ter job of keeping their promises and
rays in the hospital, but if, late at the bill that we pass in the Senate. building out as opposed to some of the
night, he had to help a patient in a re- It is not just K–12 students who need big telephone companies—or maybe
mote area, he had to go to the McDon- help connecting to the internet during they don’t see this as economical to
ald’s parking lot, drive in from his this crisis. Colleges and universities reach these rural areas. I don’t think it
home, because he did not have access across the country have also moved is a surprise. So many of my colleagues
there. classes online, and many low-income have had the same experiences listen-
I thank Senator VAN HOLLEN for students who rely on campus resources ing to people in the rural areas of their
bringing us together this afternoon and are struggling to continue their edu- States that our bill will now have 34
for his work in organizing this time to cation from home and are at serious cosponsors, half Democrats, half Re-
focus attention on the pressing edu- risk of falling behind. publicans. It would put $2 billion in to
cation priorities in the relief bill. I know for quite a while the White work with small providers to give them
Access to broadband, as I just noted, House was hoping this crisis would the funding they need to expand imme-
has become more critical now than magically go away, with false claims of diately out to these areas.
ever, as schools and workplaces are improved situations and false claims of I don’t want to hear another story
closed in an effort to limit the spread chugging bleach and the like to make like the high school student taking her
of the coronavirus, where teachers, it go away, but, in fact, I would say the biology exam in the liquor store park-
many with preexisting conditions, sim- President was accurate a week or two ing lot simply because she doesn’t have
ply cannot put themselves at risk, and ago in one way when he publicly said internet.
SSpencer on DSK126QN23PROD with SENATE
where we know, going forward, we will that this is going to get worse before it We also need to make sure people
continue to have a substantial number gets better. know about existing resources that can
of kids learning remotely. So the thought that we would allow help them connect to the internet. Due
As I said, even before the pandemic, these disparities to continue, where to job losses or reductions in income
one study found that about 42 million households cannot get high-speed during the pandemic, millions of Amer-
Americans nationwide lacked access to internet, they are at a complete dis- icans are newly eligible for nutrition
broadband. Reports have also found advantage, not just for a month—that benefits and Medicaid and can also get
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S4906 CONGRESSIONAL RECORD — SENATE August 5, 2020
help connecting to the internet out whether you are going to be able to able proposal that provides too few re-
through FCC’s Lifeline Program to virtually visit your mom and dad in sources to schools and would actually
help low-income people connect. Some the senior center because some places withhold aid if schools don’t fully re-
of these people have never been low in- will have high-speed access that will open in person.
come and because of the pandemic they allow us to do that and others won’t. It My Democratic colleagues and I have
now are. According to FCC Commis- shouldn’t depend on your ZIP Code to focused on an approach that would ac-
sioner Starks, only about 7 million of figure out if you could actually have tually help schools navigate the year
the 38 million households that were eli- your doctor show you an x ray instead ahead. We proposed $430 billion to help
gible for the Lifeline Program were en- of going into a medical setting that schools implement public health proto-
rolled. That is why in April I wrote a maybe you don’t feel comfortable cols, address the challenges of students
letter to Senator DURBIN and Rep- going into. who have fallen behind, and provide
resentative MARCIA FUDGE of Ohio and All Americans should have access to quality education to all students re-
ANNA ESHOO of California, along with high-speed internet. This pandemic has gardless of how schools reopen. This
140 Members of Congress, urging the put a big magnifying glass on what has proposal would help address some of
FCC to work with the USDA and HHS been a problem for many, many years, the most pressing issues facing our stu-
to ensure that the millions of Ameri- and it is time to act now. dents.
cans who are now eligible for SNAP are I yield the floor, and I again thank When I talk to educators back home
informed about their eligibility for the Senator VAN HOLLEN for bringing us to- in New Hampshire, a common theme I
hear from students and educators is
FCC’s Lifeline Program. As we work to gether and thank Senator HASSAN from
that they need more and better high-
bring high-speed internet to commu- the State of New Hampshire for her
speed internet access to support online
nities across the country, it is simply leadership in bringing us together.
learning. This is a challenge both for
critical that we have a clear under- The PRESIDING OFFICER. The Sen-
remote and also in-person learning. For
standing of where broadband is avail- ator from New Hampshire.
instance, last week, Kevin Carpenter,
able. Ms. HASSAN. Mr. President, I want
principal of Kennett High School in
My bipartisan bill with Chairman to thank Senator KLOBUCHAR for her
North Conway, told me that part of his
WICKER and Senators PETERS and leadership in this area, and her capac-
school’s reopening plan requires ex-
THUNE to improve the accuracy of the ity to understand not only the policy
panding broadband capacity at the
FCC’s broadband maps was, in fact, that we need to address and change but
school. This would enable students to
signed into law in March. It was not also the practical impacts it will have
access online materials in every class-
soon enough for this pandemic, but we on not only her constituents but people room and minimize the risk of spread-
simply just hear: Hey, we have high- all over the United States of America. ing COVID–19 by minimizing physical
speed internet in our area, which I I want to thank Senator VAN HOLLEN
transitions from class to class.
know Senators WICKER and THUNE as well for gathering us all this after- Other educators have noted that in
heard, just like I did, and in fact you noon to focus, as we need to, on the many areas of our State, families are
go there and that isn’t true at all. That needs of our young people, our stu- still having trouble accessing an ade-
is why having these updated maps, as dents, their educators and their fami- quate broadband connection and de-
we look at not just what we are dealing lies in these coming months. vices that can support online learning
with today but the day after tomor- (Mrs. BLACKBURN assumed the throughout the day at home. Just as
row—which is a metaphor for next year Chair.) Senator KLOBUCHAR referenced some of
when the vaccine starts coming out, Ms. HASSAN. Madam President, in the conversations she has had in Min-
when things start going back to a place New Hampshire and all across the nesota, in a discussion I had in New
where people are out and about freely— country, school supplies are lining the Hampshire earlier this summer, a
well, we have to make sure that if we shelves of stores, but school board teacher in the Gilmanton School Dis-
haven’t expanded to everyone with members, teachers, and parents are trict said that some parents were tak-
broadband at that moment, that we do still wrestling with the decisions about ing their children to the parking lots of
it then, and to do that we need accu- what exactly this school year will look their school to do their schoolwork
rate mapping. like. from the car because it was the only
The last bill I wanted to mention is a No matter if schools open fully re- way they could access a Wi-Fi connec-
bill that has passed the House, and that mote, fully in person or a hybrid of tion.
is Representative CLYBURN’s invest- both, we have to do all we can to en- Too many students are at risk of fall-
ment of $100 billion to build high-speed sure that young people receive a qual- ing behind because they lack
broadband infrastructure in under- ity education while also keeping stu- broadband access. Our proposal in-
served areas, including rural areas, to dents, school faculty, and their fami- cludes $4 billion in funding to help en-
expand affordable high-speed internet lies safe. sure that all K–12 students have ade-
to everyone. I am the lead on the Sen- Just as schools are trying to make quate home internet connectivity and
ate version of that bill, and given that decisions, just as administrators, edu- devices during the pandemic, which is a
it has passed, it is a part of another cators, and families are trying to fig- priority that I have been fighting for
piece of legislation, and it is something ure out what this school year will look throughout the last several months.
else we must be looking at as we move like in their communities, they have I urge my Republican colleagues to
forward the next few months. been met by a lack of resources and support this proposal and to work with
We all depend on reliable broadband, clear guidance from this administra- Democrats to deliver sufficient relief
and we must make sure that we get re- tion and from my colleagues on the without any further delay.
liable broadband to all. I always be- other side of the aisle. As we approach the upcoming school
lieved that when we invest in We have known for months that year, our families and educators are
broadband, we invest in opportunities schools would face enormous chal- facing unprecedented, heart-wrenching
for every American. lenges this fall, and Federal delays uncertainty. Even in areas where the
If we could bring electricity to every- have only made the situation more infection rates are low and schools are
one’s home, even the smallest farms in challenging across the country. well-resourced, the lack of testing ca-
the middle of areas with very little For months, the Senate majority pacity and the lack of clear guidance
population, we can do this in the mod- leader stalled action on an additional from this administration, for example,
ern era. Otherwise, we are going to COVID–19 relief package, saying that on what to do if a teacher or a student
SSpencer on DSK126QN23PROD with SENATE
continue with the haves and have-nots. he felt ‘‘no urgency.’’ But school dis- tests positive for the virus are exacer-
It shouldn’t depend on your ZIP Code tricts across this country have felt bating the effects of this awful pan-
whether your kid can learn to read. It plenty of urgency. Instead of giving demic. Inaction and ineptitude are
shouldn’t depend on where your ZIP them time and appropriate resources to making a truly difficult set of chal-
Code is to figure out what their home- plan, Senator MCCONNELL kicked the lenges much, much worse, and at a cer-
work is the next day. It shouldn’t de- can down the road. Now he has released tain point, inaction and ineptitude are
pend on where your ZIP Code is to find a completely inadequate and unaccept- indistinguishable.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4907
Congress must address these needs so usefulness of that test when it comes assignments given by teachers require
that our educators can overcome these to identifying an outbreak, doing all of access to the internet to do your as-
immense challenges and do what they the following up to figure out who else signment and to do your research.
do best—help our children learn and has been in contact with that person, Before the pandemic, we had millions
grow. and preventing the spread. of American students who couldn’t ac-
Thank you. That is why so many schools, includ- cess the internet for the purposes of
I yield the floor. ing so many in the State of Maryland, doing their homework, and that was a
The PRESIDING OFFICER. The Sen- will not be able to return to their serious problem. We called that the
ator from Maryland. classroom’s opening day. It is not be- homework gap. But now what we call
Mr. VAN HOLLEN. Madam Presi- cause they don’t want to—of course, the homework gap has become a full-
dent, I thank my colleague from New they want to—but because they don’t blown learning gap. It is not just a
Hampshire, Senator HASSAN, for the want to put students, teachers, and the question of not being able to access the
important points she made about what community at risk. That is the reality internet to do our homework assign-
is happening in New Hampshire. In lis- we are facing at the moment. ment; these millions of students can’t
tening to her, I think each of us could In order to ensure that our kids, our access the internet at all for their
say that that holds true for our State. students, get an education beginning learning.
Certainly, what she says holds true in on the first day of school, we need to This is not an isolated, small prob-
my State of Maryland. dramatically scale up our ability to lem, and it is not just relegated to cer-
In Maryland, we are just weeks away provide distance learning to those stu- tain parts of the country. It is every-
from the opening day of school. In dents. It is simple common sense that where.
other parts of the country, schools distance learning for our students re- In urban communities, 21 percent of
have already reopened. quires two things to happen: No. 1, students do not have access to ade-
I think all of us can remember back teachers need to have the necessary quate internet. In suburban areas, it is
to when we were going back to school equipment and training to connect via 25 percent. In rural areas, it is 37 per-
during our K–12 years. We had a mix of the internet to their students; No. 2, cent.
excitement and anxiety. And those of students need to be able to connect to There are three reasons for this lack
us who are parents with children the internet so they can receive the of access. One is lack of access to a de-
shared the excitement and anxiety of lessons from their teachers. That is vice, a computer device. Obviously, you
our children as they went off to school. simple logic, and that is common need to have a device to get on the
This year, we are facing a sense of sense. internet.
emotions and realities that none of us In our country, right now, we have a Here is a letter I received when
has ever experienced before. I think all major problem, a major gap, a major schools had to shut down earlier this
of us agree that we would like all stu- inequity, and that is that millions of spring as a result of the pandemic. I re-
dents to be able to return to actual students, as we prepare to begin the ceived a letter from an 11-year-old
classrooms as soon as safely possible. I first day of school, don’t have access to Marylander who shared that his family
hope we would all also agree that we the internet. That means they will be has one computer, which he needs to
want to make sure that in returning, cut off from that form of distance share with his sister, who is in fourth
we don’t put at risk those children, learning, and that is unacceptable, grade, while his mom, who is a single
students, teachers, or others in the given the fact that that is the approach parent, has to work full time using
school community. we have to take at least for some pe- that same computer. He said that his
We all agree that in-classroom in- riod of time in many schools around family hadn’t gotten any other help
struction provides the best learning en- the country. with additional electronics and that
vironment for students, but we should I think we should agree—and I hope his mom, who ‘‘is the most supportive
also agree that students should not be we agree—that every child in our coun- and strongest mom . . . can only do so
returning to classrooms if it will put try, regardless of his or her ZIP Code much.’’ That is just one example of a
them at greater risk to their lives or or their family’s income, should re- student who doesn’t have access to a
their health or the health or lives of ceive a high-quality, top-notch edu- device.
their teachers or others in the school cation that allows each of those stu- What is another reason you can’t
community. dents to achieve their full potential. connect? Well, if you don’t have an
We know that in order to reopen They can’t even connect to the inter- internet connection either because you
schools safely, we have to do two net if they can’t even connect to their don’t have a hotspot for your cell sig-
things: We have to reduce the spread of teachers. That, obviously, can’t hap- nal or you are not otherwise connected
COVID–19 in those communities where pen. through a wire, then you obviously
it still exists and is still spreading, and In many ways, what we have seen can’t get the signal. So we need to
we need much more rapid testing ca- from the coronavirus is, unfortunately, make sure that we have more hotspot
pacity so that we can quickly detect not anything new. It is the magnifica- devices available for more students and
and isolate somebody who has COVID– tion of deep, systemic inequities that do our best to build out the infrastruc-
19. We need to be able to quickly detect existed in our country before the out- ture to reach those who cannot be
an outbreak of COVID in a school, break of the pandemic and have been reached by hotspots. That is a second
whether that be a student or a teacher, amplified since then—inequities in our reason: You just can’t connect to the
so we can make sure that others do not healthcare system, inequities in var- internet and get the signal.
get infected. ious social systems, and, certainly, in- A third reason is that in some places,
In so many places, such as the major- equities in our social system. internet access is available, but it is
ity of major school systems in my Those inequities have put students— unaffordable. It just costs too much.
State of Maryland, the reason they many students—at an increased dis- We should not have any situation
have not been able to plan to reopen advantage, primarily students from where a student, during this pandemic,
the classrooms on opening day is that lower income families and neighbor- can’t get on the internet because his or
the spread continues in so many areas, hoods and, especially, students of her family cannot afford to pay for it.
and we don’t have rapid, comprehen- color. Just to give you an idea of the mag-
sive testing. That is the result of a Before the pandemic, we used to refer nitude of this problem, in the spring, 50
failed and botched policy at the highest to this distance learning gap for stu- million K–12 students were trying to
SSpencer on DSK126QN23PROD with SENATE
levels—the fact that this administra- dents as the ‘‘homework gap.’’ What do access the internet from home for their
tion, this President, has not put in we mean by the homework gap? Well, lessons. But 15 to 16 million of those
place a comprehensive national strat- when I was at school and we were given students either did not have access to
egy to slow and then stop the spread. a homework assignment, we pretty high-speed broadband or they did not
Even today, you have to wait days much needed our textbooks, and we have a device. Nine million of them
and days and days to get the results of needed our pens and paper. But now the lacked both access to high-speed inter-
a test. That dramatically reduces the overwhelming majority of homework net and did not have a device. This is
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S4908 CONGRESSIONAL RECORD — SENATE August 5, 2020
not a small problem, and it is not an ing gap, including the Emergency Edu- I want to bring this issue home to
isolated problem. It is a problem we cation Connections Act which I, along Connecticut. I convened a roundtable—
need to address now, since schools are with Senator MARKEY and many oth- as I have done in many parts of the
opening in a few weeks in Maryland ers, have introduced. We need $4 billion State—in Hartford a week or so ago
and schools have already opened in to make those connections. with the superintendent of schools, the
parts of the country. I see Senator CORTEZ MASTO on the mayor of Hartford, and parents and
Here is a note I received from an ele- floor, and I want to thank her for her community groups to talk about the
mentary schoolteacher—someone who leadership here, as well as Senator digital divide—or the homework gap,
has been in the classroom for over 20 BLUMENTHAL and Senator REED. as it is now known so widely and
years—during the spring when they Two, we need to provide $12 billion colloquially.
were trying to get their students con- for additional help for the IDEA pro- The stories they told me about at-
nected: gram for special ed. Three, we need to tempting to connect during this time
Like thousands of my colleagues, I rose to make sure that we continue the flexi- when their students were learning re-
the occasion in transitioning to distance bility for school lunch programs and motely were absolutely heartbreaking.
learning and engaging with all of my stu- increase the SNAP benefit by 15 per- Students who wanted to learn and
dents who had access to devices. What was cent. Four, we need to provide the $175 sought to participate did not have that
disheartening was the students whose faces I billion to help all of our K–12 schools, basic opportunity because either they
did not see—a high number of which were my including our community schools. weren’t connected or they couldn’t af-
African American students. ford it or they didn’t have the com-
I will end with this. Childcare facili-
This does hit communities of color ties are really feeling stretched and puter or, in some instances, their par-
disproportionately, but it does hit stu- going under. If we want to have a safe ents couldn’t connect, lacked the ex-
dents in every geographic area in every and calibrated reopening, we need to pertise. Many of us have been there.
part of each one of our States. make sure that those childcare centers It is about connectivity, written
To give you an example of the dis- remain open to parents so that they broadly, but it is also about the afford-
parity based on race and ethnicity, you are able to go back to work—as they ability of that service; it is about the
have 18 percent of White students who are allowed to safely—and make sure mechanical instruments, the com-
lack access to the internet, 26 percent that their kids are well cared for. puters, necessary to do it; it is about
of Latinx students, 30 percent of Black We have got a lot of work to do. We parents having the expertise; and it is
students, and 35 percent of Native have been trying to have these discus- also about the learning habits of sit-
American students. sions for over 21⁄2 months, since the ting in front of a screen and absorbing
I hear some people say: Well, we are House passed the Heroes Act. This is knowledge in that way—not playing
going to do distance learning, so that long overdue. We hope these negotia- video games but absorbing knowledge
is not so expensive. Why do we need to tions will conclude quickly because through distance learning.
provide schools with additional help In the absence of a robust and ade-
many of the protections that are in
during this period of time? quate governmental response, private
place right now are expiring.
The reality is, transitioning to a via- As we do that, let’s make sure that groups and philanthropists are filling
ble distance learning system that helps some of the gaps. I want to cite one in
our kids, who are going back to school
every one of our students costs money. particular because it arose during that
in a matter of weeks in my State of
In fact, it is an average of $500 per stu- meeting. The Dalio Foundation—spe-
Maryland—that all of them can con-
dent. cifically, Barbara and Ray Dalio—
nect to the internet so all of them can
In Maryland, schools are already along with the Hartford Foundation for
learn.
struggling to try to connect their stu- Public Giving, have provided com-
It is simply unacceptable that mil-
dents, trying to purchase these devices, puters to schools in the Hartford area.
lions of American kids are going to be In fact, Barbara and Ray Dalio have
trying to make sure that they sign up going back to school, just like we all
families who qualify for the Lifeline provided thousands of computers to
remember doing at one point in time, schools all around Connecticut, filling
service, but we are falling short, and but they are not able to go in the class- that gap through their enormous gen-
they need help. room, and their only way to learn is by erosity. They are people of vision who
That is the students. We also have connecting to their teachers via the know that students need this basic in-
learned that 400,000 teachers are cur- internet. We need to solve that prob- strument of learning. It is about access
rently unable to connect to the inter- lem and do it now. to the building blocks of education.
net because they lack connections. With that, Madam President, I yield They are providing it, but private
School superintendents have reported the floor to the next Senator who is sources of funding and philanthropy go
to us stories of teachers who are going going to speak on this issue. only so far, and that is why we are here
to the school parking lots to access the The PRESIDING OFFICER. The Sen- today to talk about this really urgent
school hotspots to do their teaching ator from Connecticut. issue. It is urgent for Connecticut but,
and provide their lessons. So we have Mr. BLUMENTHAL. Madam Presi- literally, for every State. There should
to act urgently to address this issue. dent, I am proud to follow my very dis- be nothing political about it. We have
This should not be a political matter. tinguished colleague from Maryland the wherewithal. We need the will. It is
There should not be a debate about the after those very powerful and eloquent not a red State or a blue State issue. It
need to make sure every student can remarks, and I subscribe to literally is the United States that has to come
get classroom instruction via distance every point that he has made in rep- to the rescue of American education
learning during this pandemic. resenting Maryland. We are joined by and provide broadband connectivity.
That is just for starters. We also Senators from all over the country, The COVID–19 pandemic has literally
have schools who have to make sure Senator REED, and Senator CORTEZ exposed deep inequities—and one of
that they provide education to the spe- MASTO. This issue is truly national in them is in education—in connectivity.
cial ed students. We need to make sure scope. There are inequities in housing; red-
that students who receive nutrition It occurred to me as I was listening lining still exists. There are inequities
and lunches continue to be able to re- to Senator VAN HOLLEN: We would not in healthcare, which is the reason why
ceive those, and we need to make sure ask students to go through an edu- the burden of this pandemic has fallen
that community schools, which in cation where they had no books, where disproportionately on communities of
many of our States provide essential they had no desks, where they had no
SSpencer on DSK126QN23PROD with SENATE
color. In Connecticut, if you are Black,
wraparound services, have the re- writing instruments, where they had you are 21⁄2 times more likely to die of
sources that they need. no teachers. The internet is as funda- the coronavirus, but one of the most
So let me just end by listing the key mental to education today as the basic pernicious injustices are the barriers
steps that we need to include in this building blocks of desks and teachers that prevent access to virtual learning
next emergency package that we have and books. They are our future. Our and online education.
been working hard to do. One are the students are our future, and the inter- Schools in communities across Con-
resources to close this distance learn- net is part of their present and future. necticut and the country are grappling
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4909
with this unprecedented question: proposals, along with colleagues, is a wired internet. That is not counting
When is it safe to reopen? That answer minimum that we should set forward. people who can’t afford services or de-
will depend on local circumstance, the These proposals should be a first step vices or those who can’t get reliable
opinions of scientists, public health ex- toward congressional action, a kind of wireless services. We are talking hun-
perts’ views. Listen to the epidemiolo- rubric. dreds of thousands of people in the Sil-
gists and the scientists, not to the poli- I was proud to introduce the Emer- ver State without the ability to stay
ticians. Undoubtedly, there will be, in gency Broadband Connections Act with connected to one another during a time
some cases, virtual learning and, in Senator WYDEN to provide families of social distancing.
others, a hybrid of virtual and phys- with assistance so they can afford Students in Nevada need internet ac-
ically present learning. broadband connections and to reinforce cess not just to attend class remotely
We have to recognize that the inter- the Lifeline program. I am also proud but to submit homework online. Be-
net is going to be essential in many, to work with Senator MARKEY and oth- tween 12 million and 16 million stu-
many communities in Connecticut and ers on the Emergency Education Con- dents across the country can’t com-
around the country, and some commu- nections Act to ensure that the FCC’s plete their homework because they
nities will choose virtual learning in E-Rate program can help all K–12 stu- lack access. It is not just families with
order to keep their students, their dents obtain broadband and devices. school-age kids who need better
teachers, and their parents safe, but As a country, there have been so broadband access; businesses need it,
the digital divide will plague it, and it many sacrifices made by so many and too, to reach new customers and offer
will plague almost every community. so much heartbreak and hardship. This new services, particularly during a
We have this notion that somehow it absence of broadband should not be one time when we are dealing with a
is limited to rural areas or it is limited of those sacrifices that we impose on healthcare crisis and asking people to
to some States. It is, in fact, endemic our children. shelter in place.
to almost every community in our Na- We have the opportunity and the ob- That is why we must build on the $2
tion that some students are isolated ligation to act now. I urge my Repub- billion the CARES Act included for
and divided and that some of our young lican colleagues to take this stark re- various broadband technology invest-
people experience this homework gap. ality and include funding to address ments and allocate funds in this next
As my colleague Senator VAN HOLLEN the Homework Act within the long- coronavirus package to make access to
said, one-quarter of all students na- overdue COVID–19 package. We need to broadband more affordable in every
tionally are at risk of losing months of take this obligation seriously. We need ZIP Code.
With my colleagues, I introduced the
education because their homes still to seize this moment. It is a moment of
Accessible, Affordable Internet for All
lack adequate home internet. reckoning, and we cannot fail to meet
Act to invest over $100 billion in things
We take broadband for granted. We the challenge.
like E-rate support, including Wi-Fi on
rely on it every day in this building I yield the floor.
The PRESIDING OFFICER. The Sen- schoolbuses, and digital literacy train-
and in many others around the coun-
ing. That investment can fund vouch-
try, in office buildings and in many ator from Nevada.
Ms. CORTEZ MASTO. Madam Presi- ers to offset broadband costs for those
schools; but for some parents and chil-
dent, in a couple of weeks, students in who might not otherwise be able to af-
dren, it is absent, and that is why the
Nevada and around the country are ford it. It can go toward establishing a
measures that we have suggested are so
one-stop clearinghouse of Federal
vital. going to begin their studies again. I
broadband program information for
As with far too many of our divi- want what every parent in America
communities and organizations that
sions, the weight of these inequities wants—a safe school year that allows
need it and offer the ability to track
falls disproportionately and dan- schoolchildren to thrive in mind and
funds, through my bipartisan ACCESS
gerously on communities of color. In body. To make that happen, students
BROADBAND Act. Fundamentally, it
fact, at least 30 percent of African- and parents need the flexibility to
can help a confused high school sopho-
American students lack access to make decisions that are best for their
more watch a video explaining her ge-
broadband, as well as 35 percent of Na- families. They need school systems
ometry homework, while her parents
tive Americans. We are leaving behind that can afford the technology, the
video-conference with colleagues in the
those students who most need the help, equipment, and the resources to keep next room and her little sister talks
and in this time of national reckoning students and staff safe. They need ac- with her grandparents.
over racial justice, these barriers to cess to the internet and the devices It is our job at the Federal level to
education and opportunity are even that will support education as well as ensure that Americans across this
more dramatic, more profound, and allow parents to work from home and country have the resources and tools
more lasting. supervise their kids. they need as local districts so that
We have to take the kind of signifi- I have been working to bridge the those districts can decide what is best
cant steps now that we took after Hur- digital divide for Nevadans as part of for their communities as we move for-
ricane Katrina. The FCC took sweeping my Innovation State Initiative, which ward. To do that, we need to set aside
action to make sure that individuals helps Nevada develop groundbreaking those proposals that force schools to
whose lives were upended by disaster solutions to 21st-century problems. make decisions they are uncomfortable
were connected. Within 1 month, the That is why last month I held a state- with. We need to listen to local teach-
FCC dedicated more than $200 million wide conversation about broadband. I ers on the ground who know what is
to fund connectivity efforts and aggres- heard local officials in rural commu- best for their school districts, not leg-
sively expanded Lifeline and E-Rate nities talk about the challenges they islators in Washington trying to man-
programs. We are not even close to faced getting high-quality internet ac- date what schools must do. Local dis-
matching that commitment. cess to their communities. tricts are in touch with their leaders
Remember, the bold plan in that in- A 9-year-old student told me how she and are monitoring the actual spread
stance was from George W. Bush and struggled to do schoolwork because she of the virus in our local communities.
from the FCC majority he appointed. only had her mother’s cell phone for Yet, unfortunately, some of my col-
This time, again, we must take bold, internet access. I also heard stories leagues want to withhold two-thirds of
bipartisan action. We can help bridge about how libraries in my State are schools’ funding unless students are
this divide and close the gap. stepping into the digital breach physically present at school. It makes
I have joined my colleagues in push- through the FCC’s E-rate Program,
SSpencer on DSK126QN23PROD with SENATE
no sense to make schools all over the
ing for emergency funds for broadband which subsidizes internet access for country move in lockstep. We need to
access, for the Lifeline program, for E- schools and libraries. listen to local school boards, to par-
Rate; yet, when I asked the chairman Most of all, we talked about how ents, to teachers, and to our public
of the FCC at a most recent Commerce widespread the issue is in my State. health experts about the safest way to
Committee hearing, he was unwilling The FCC’s own figures show that half teach in our local communities.
to commit to the billion-dollar pro- of rural Nevadans and 6 percent of peo- Back home in Nevada, I am listening
gram that I have suggested in various ple statewide can’t even get high-speed to my school districts, to parents and
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S4910 CONGRESSIONAL RECORD — SENATE August 5, 2020
teachers. I am fighting to get the re- We know what happens when things and the President has not taken that
sources and support they need so that reopen when community transmission step yet.
everyone can feel safe and learn in an remains high, when proper public A comprehensive plan for schools
environment that is best for them health safety measures are not in would also stabilize State and local
right now. I want to make sure we get place, when we do not have the rapid- budgets, ensure equity and access to
our families and school districts alike result testing and contact tracing nec- technology and broadband, enhance nu-
the resources and tools they need for essary to contain the virus. We get out- trition services, and provide support
the safest possible year ahead. I want breaks. People get sick. Hospitaliza- for our broader educational ecosystem,
to let them do it on their terms, tions and deaths increase. What is the including afterschool programs, muse-
whether that is in person or online. But President’s response? He said: ‘‘It is ums, and libraries. For example, with-
that requires Congress and this Senate what it is.’’ out a robust investment in our public
to ensure we are doing everything in What has Senate Republican leader- libraries, we will continue to struggle
the next package to put funding into ship prioritized? Shielding businesses to close the digital divide and the
broadband so that we can ensure every from liability and being sued for neg- homework gap.
student has equal access to the oppor- ligence. In other words, if reopening Many, many, many, many school sys-
tunity to learn and no one is left be- too quickly results in more sickness, tems today are beginning their classes
hind. ‘‘it is what it is.’’ This approach is ap- on a remote basis. The children need an
I encourage all of my colleagues to palling and unacceptable and must be electronic device—some type of laptop,
come together in a bipartisan way so rejected. something—and they also need access
that we can fund the necessary relief School is a lifeline for children in the to Wi-Fi. Many families don’t have
when it comes to broadband and any communities hit hardest by the pan- that. And unless we step in with the re-
other relief that is necessary for our demic and the ensuing economic fall- sources to support the localities and
families and our students and our out. The Federal Government must States in providing those capacities,
teachers and our staff during this step in with a comprehensive plan and those children will be denied an edu-
healthcare crisis. the resources to make sure that school cation.
I yield the floor to my esteemed col- is there for these children, the teach- One way, as I suggested, to do that is
league, the senior Senator from Rhode ers, the custodians, the parents, the through our public libraries. As I have
Island. family. gone through Rhode Island, it was en-
Mr. REED. Thank you very much, We know this school year will be like couraging to see in the afternoon,
Senator, for those very thoughtful re- no other. School districts will need to throughout the State—in small librar-
marks. redesign the school day and be pre- ies, everywhere—young people doing
Twenty-one days—that is how long
pared to switch to distance learning, as their homework. They don’t have Wi-Fi
one Florida public school teacher was
necessary. There will be new protocols at home; they have it in the library.
on a ventilator after contracting
for sanitization, transportation, and This is just part of what we have to do,
COVID this spring. Plasma trans-
staffing. and libraries can be at the heart of
fusions and anti-viral medication ulti-
Teachers need training on how to that.
mately saved her life. And now she is We have to put the resources, the
stay safe in the classroom. You will re-
being asked to return to the class- commitment, the plan, the leadership,
call that many in this body wanted to
room—a job she loves, teaching kids
add firearms training to the list of the force, and the momentum behind
she loves. She wants to go back but is
teacher duties. It is disheartening to this effort, and we have seen none of
afraid to go back while the virus is
note that many of the same Members that in the administration. The most
surging, while more people in her com-
who wanted to equip teachers with fundamental aspect of all of this is
munity are being sent to the very same
guns and firearms training are now un- that it does come down to the re-
hospital.
In Arizona, a small school district willing to provide them with basic sources—the substantial, dedicated re-
lost a teacher to COVID despite fol- cleaning supplies and personal protec- sources that have to go to our public
lowing all the protocols. The super- tive equipment. They are denying them schools to meet these additional costs,
intendent called a safe reopening a fan- the resources and training they need to to meet these additional demands, to
tasy, saying: ‘‘Kids will get sick or keep themselves and their students serve this generation of young Ameri-
worse. Family members will die. safe from a very clear and present dan- cans who, if they are denied these serv-
Teachers will die.’’ ger: COVID–19. ices, will be denied an education. And
Yet children will be denied needed Schools will have to reengineer the that is not just a momentary loss; that
education funding unless classes are in use of space in and around the school is a cumulative, lifetime effect that
person, according to the President. building and reconfigure classrooms to will not only deny them a chance at
Should the majority, which has failed ensure that social distancing can be opportunity, it will deny this Nation
to take action on the House-passed He- maintained. With the recent Govern- their talent.
roes bill for months—should the Trump ment Accountability Office report These are the issues that we are
administration itself have done a bet- showing that over half of school dis- struggling with at this moment. These
ter job making it safe for kids and tricts nationwide need to update or re- are the issues we must confront. We—
teachers to return to school? Abso- place multiple systems in their the Democratic caucus—have been
lutely. And the continued failure to schools, such as heating, ventilation, calling for $175 billion to support our
act, to lead, to do a better job of con- air-conditioning—HVAC—and plumb- public schools, to put education in a
taining COVID will cost people their ing, dedicated funding for infrastruc- place in which this generation of stu-
lives and children their education. ture is needed as well. In fact, we need dents can learn, to make this country
What is the Republican plan to avert significant money for school infra- or continue to keep this country what
this catastrophe? ‘‘OPEN THE structure. We needed it before COVID. we always thought it was: a special
SCHOOLS!!!’’ the President tweets in We need more of it today. place in which anyone with the ability
all capital letters. The Republican plan More critically, schools will need to and the desire to learn would have the
is to open the schools for in-person increase their capacity to support chil- opportunity to do so. And that would
learning—or else. Open the schools dren’s well-being—including nutrition, mean their success and our commu-
even when the transmission of the health screening, and mental health nity’s and our country’s success.
support—whether in person or at a dis- We are counting on schools being
SSpencer on DSK126QN23PROD with SENATE
virus is not contained. Open the
schools even if testing and contact tance. able to deliver for students despite the
tracing are inadequate to manage the The first step in any reasonable plan challenges caused by this pandemic.
spread of the virus. Open the schools to reopen schools starts with robust, Yet the Senate majority and the
even if your facilities do not have ade- rapid-result testing and contact trac- Trump administration are unwilling to
quate ventilation. Open the schools or ing to contain the spread of the virus. commit the resources necessary to
we will privatize the public school sys- There is no path for safe in-person avoid a potential generational catas-
tem. Open or else. schooling without it. That is step one, trophe. State and local governments
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4911
are reeling from the loss of revenue due saw with my own eyes what it meant read that it requires an account of all
to the economic shutdown caused by to grow up in an immigrant family in citizens of the then-United States, of
the pandemic. There is no Governor in a low-income tenement in Union City, the Union. It could have read that it is
this country—Republican or Demo- NJ. My mother worked tirelessly as a an account of all citizens and all legal
crat—there is no county administrator seamstress and sacrificed everything to permanent residents. It didn’t read
or city leader who I think would stand make sure that my siblings and I could that either.
up and say: ‘‘We are fine. We don’t need have a better life and a better future, It specifically recognized this be-
any help. We are in great shape.’’ because that is the very essence of cause, as the Union was developing,
No. They all have one message, and it what we call the American dream. It is there were people from different walks
has been coming through from the Na- about ensuring that the next genera- of life in the United States, and it pur-
tional Association of Republican Gov- tion has it better than we do and that posely understood that not all of them
ernors and the National Association of our children and grandchildren and would necessarily be citizens at the
Democratic Governors: You must give their children and grandchildren have time of accounting, but who was in
us resources and flexibility to use these greater opportunities than we do to re- America at any given time from the
resources to fulfill our obligation to alize their full potential. creation of the Constitution was im-
the people of our States. It doesn’t matter who you are, where portant—all persons.
That is the message. We are seeing you are from, or when your ancestors My friends, we have been sent here to
school districts across the Nation came to this country. We are a nation serve all of our constituents in our
starting to lay people off in anticipa- built by immigrants. Every single home States, no matter the color of
tion of budget cuts. Even if they are member of this great and storied body their skin, their gender, or their legal
able to maintain current levels of staff- is a descendant of those who came to status.
ing and financial resources, it would America, seeking better lives for them- The history of America is inter-
not be enough to meet the upcoming selves and their loved ones. twined with immigrant stories. In
The President is a second-generation every State of our Union, immigrants
challenges. Even if they could keep
American. His grandfather, Friedrich work in every industry and contribute
their staff in place, where do they get
Trump, came here from Germany. Our in all facets of American life—the most
the extra money for the infrastructure
First Lady is herself an immigrant. important parts of our lives.
repairs, for the traditional Wi-Fi, for They work in our fields, picking our
the additional teaching changes that Yet this administration and President
fruits and vegetables. They are check-
have to take place, for the different ap- Trump have gone to painstaking
ers at grocery stores and construction
proaches to education one must take in lengths to deny, erase, and ignore the
workers, building our bridges and
order to be effective in social contributions of immigrants to Amer-
homes. They educate our children in
distancing? ican life and culture, innovation and our schools. They treat the sick in our
The School Superintendents Associa- ingenuity, economy and prosperity. hospitals as nurses, doctors, and men-
tion of the United States estimates They have worked overtime to deny tal health professionals. They wear the
that the average traditional COVID-re- the very fact that the immigrant story uniform and carry our flag in the U.S.
lated cost per student will be $490. We is America’s story. armed services.
need at least that. As an old saying in Spanish goes, In fact, during this pandemic, hun-
We must go forward with a package (English translation of the statement dreds of thousands of immigrants, in-
that includes provisions of the made in Spanish is as follows): ‘‘There cluding undocumented immigrants,
Childcare Educational Relief Act, the is nothing worse than not wanting to have put their lives on the line to serve
Library Stabilization Fund Act, and see what is right in front of you.’’ as essential frontline workers and to
the State and Local Stabilization Fund Donald Trump’s endless lies and at- keep businesses open, despite the ad-
Act to ensure that this generation of tacks on immigrants started long be- ministration actively seeking to deport
Americans can overcome the pandemic fore he descended down that escalator them.
and reach its full potential. in Trump Tower to announce his run Like many American citizens, they
This is a generational crisis. Just as for the Presidency. They haven’t are risking their lives every day, while
Americans of previous generations stopped since. being disproportionately affected by
have been called upon to sacrifice and The President recently took another COVID–19, to provide others with the
to commit themselves to the young of aggressive step in his war to erase im- services they need and to protect the
this country so that they could have a migrants from the portrait of America health and safety of our fellow Ameri-
better future, we are being called upon when he issued an unconstitutional cans. All the while, they are facing dis-
to do that, and we are waiting for an edict to exclude our undocumented proportionate infection and death rates
answer. brothers and sisters from being count- from this horrible disease. They are the
Thank you. ed in the 2020 census for the purpose of invisible heroes of this pandemic. They
I yield the floor. determining representation in Con- are the ones who make it possible for
I suggest the absence of a quorum. gress. us to receive the essential goods and
The PRESIDING OFFICER. The His message was loud and clear to services so that we can stay home,
clerk will call the roll. immigrant communities across the which is what we are told by the Na-
The senior assistant legislative clerk country: You are not welcome here. tion’s public health officials.
proceeded to call the roll. You don’t belong here. You don’t But the message from the President
Mr. MENENDEZ. Mr. President, I ask count. to these essential workers, who per-
unanimous consent that the order for His goal is to instill fear in immi- form backbreaking work in our fields,
the quorum call be rescinded. grant communities, and that is shame- care for our children, or treat you at
The PRESIDING OFFICER (Mr. ful and un-American. the hospital is: You are not worthy.
CRAMER). Without objection, it is so or- Let’s be clear. The U.S. Constitution I ask every single one of my col-
dered. is explicit on this particular point. Ar- leagues if, God forbid, you were in-
f ticle I, section 2 clearly reads: ‘‘Rep- fected with COVID–19, would you really
resentatives and direct Taxes shall be care about the citizenship status of the
IMMIGRATION apportioned among the several States doctor or nurse treating you? Would
Mr. MENENDEZ. Mr. President, I which may be included within this you ask for his or her legal papers be-
come to the Senate floor to speak Union, according to their respective fore getting help? Would any of you
SSpencer on DSK126QN23PROD with SENATE
about a topic that is very close to my Numbers, which shall be determined by refuse to eat fruit or vegetables in your
heart. adding to the whole Number of free homes picked by the calloused hands of
As the son of Cuban refugees and as a Persons.’’ an undocumented immigrant sweating
first-generation American, the strug- The census requires an accurate in our fields? Would you rather not
gles of immigrant families are not count of all persons living in the coun- have a highway built in your State be-
something I read about in books or try. It does not distinguish between cause the workers have a native lan-
watched on television. I lived them. I status or citizenship. It could have guage other than English?
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