Congressional Record, Senate, August 6, 2020, Page S5237
Summary
A page of the Congressional Record, Senate, dated August 6, 2020, at page S5237. The Senate proceeds by unanimous consent to consider a bill reported from a Senate committee, the No TikTok on Government Devices Act, which would prohibit the use of TikTok on executive agency information technology. A Senator criticizes the administration's response to the pandemic, says the House did the right thing in passing the Heroes Act on May 15, and urges permanent telehealth provisions and improved FMAP. Mrs. Loeffler speaks on the 50th anniversary of a law enforcement training center, and a request is made to proceed to S. Res. 668.
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“Congressional Record, Senate, August 6, 2020, Page S5237.”
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5237
There being no objection, the Senate most 23 percent of fatalities. These they don’t have the funds to maintain
proceeded to consider the bill, which numbers are continuing to grow every the current benefits before COVID–19,
had been reported from the Committee day. let alone the additional number of peo-
on Homeland Security and Govern- The Trump administration was ill- ple who have been thrown into the need
mental Affairs, with an amendment to prepared, inadequate in its response, for Medicaid. We need to take steps and
strike all after the enacting clause and misleading and inconsistent in its mes- improve the FMAP by the Federal Gov-
insert in lieu thereof the following: saging, missing in the international ernment.
SECTION 1. SHORT TITLE. leadership to deal with this global pan- Telehealth has proven to be a very ef-
This Act may be cited as the ‘‘No TikTok on demic, and denied the consequences of fective tool in dealing with COVID–19.
Government Devices Act’’. the pandemic on our own constituents. We know that people cannot travel,
SEC. 2. PROHIBITION ON THE USE OF TIKTOK. Congress took on its responsibility cannot go to offices as easily as they
(a) DEFINITIONS.—In this section— by passing major legislation. The pas- could, and we have seen a natural de-
(1) the term ‘‘covered application’’ means the sage of the CARES Act—which was sire to do as much telehealth as pos-
social networking service TikTok or any suc- passed in March—was the right re- sible. We have passed legislation to ex-
cessor application or service developed or pro- sponse at that time to do what we pand the types of services and geog-
vided by ByteDance Limited or an entity owned needed to deal with the pandemic. But
by ByteDance Limited;
raphy that can use telehealth services.
we knew by May that COVID–19 would It is very important for rural America,
(2) the term ‘‘executive agency’’ has the mean-
have a much longer impact on our very important for the underserved
ing given that term in section 133 of title 41,
United States Code; and country, would be more difficult to community, and very important for the
(3) the term ‘‘information technology’’ has the control, and we had to take additional transportation-challenged community.
meaning given that term in section 11101 of title steps in Congress in order to protect We need to make those provisions per-
40, United States Code. our Nation. manent.
(b) PROHIBITION ON THE USE OF TIKTOK.— The House did the right thing in I have introduced two pieces of legis-
(1) IN GENERAL.—Not later than 60 days after passing the Heroes Act on May 15. It lation with my colleagues: the REACH
the date of the enactment of this Act, the Direc- has been almost 3 months, and the Re-
tor of the Office of Management and Budget, in Act, with Senator TIM SCOTT, and the
publican leadership in the Senate has COVID–19 Health Disparities Act, with
consultation with the Administrator of General failed to respond. We need to take ac-
Services, the Director of the Cybersecurity and Senator MENENDEZ. These bills work on
Infrastructure Security Agency, the Director of
tion that is equivalent to the chal- fundamental problems of why COVID–
National Intelligence, and the Secretary of De- lenge—this incredible challenge. 19 has had a disparate impact on com-
fense, and consistent with the information secu- This is the worst pandemic we have
munities of color.
rity requirements under subchapter II of chapter seen since the 1918 influenza pandemic,
We want to make sure we have a
35 of title 44, United States Code, shall develop over 100 years ago. This is the greatest
workforce that represents our commu-
standards and guidelines for executive agencies economic challenge that we have faced
requiring the removal of any covered applica-
nities. We want to make sure there is
since the Great Depression. This re-
tion from information technology. adequate funding. We want to make
quires bold action in order to protect
(2) NATIONAL SECURITY AND RESEARCH EXCEP- sure testing is done, targeted to those
the people of our country.
TIONS.—The standards and guidelines developed The help provided by the CARES Act communities that are most vulnerable.
under paragraph (1) shall include—
has ended. Unemployment benefits We want to make sure the vaccine,
(A) exceptions for law enforcement activities, when it is developed, is fairly shared.
national security interests and activities, and have terminated. State and local gov-
ernments are out of resources. The We want to make sure we have out-
security researchers; and reach and education in all commu-
(B) for any authorized use of a covered appli- small business tools have already been
cation under an exception, requirements for used by the small businesses. American nities. These bills deal with those
agencies to develop and document risk mitiga- families need additional help. The un- issues.
tion actions for such use. employed need help. State and local The health challenge, as it relates to
Mr. HAWLEY. I ask unanimous con- governments need help. Our businesses health disparities, needs to be part of
sent that the committee-reported sub- need help. We need to act now and pass the legislation that I hope we will be
stitute amendment be agreed to; that a comprehensive package to deal with considering in the very, very near fu-
the bill, as amended, be considered this pandemic. ture.
What should be included in a com- The legislation needs to include an
read and passed; and that the motion
prehensive package? Let me start first extension of unemployment insurance
to reconsider be considered made and
with the health challenge. I was benefits, which is a lifeline for individ-
laid upon the table.
pleased that the CARES Act provided uals and our economy. Individuals des-
The PRESIDING OFFICER. Without
for a Marshall Plan to deal with the perately need these funds in order to
objection, it is so ordered.
health pandemic. But we have since take care of basic needs for their fami-
The committee-reported amendment
learned that this health challenge has lies. But our economy needs the influx
in the nature of a substitute was
been different in different commu- of these resources in order to keep our
agreed to.
nities. There are disturbing facts about economy afloat during COVID–19.
The bill (S. 3455), as amended, was or-
the health disparities on the commu- The Heroes Act, which, again, was
dered to be engrossed for a third read-
nities that have been particularly passed almost 3 months ago, extends
ing, was read the third time, and
hard-hit. Communities of color have the $600-a-week payment through the
passed.
had higher infection rates, higher hos- end of January; whereas the McConnell
Mr. HAWLEY. I yield the floor.
pitalization rates, higher deaths. We bill, the HEALS Act, cuts it back to
f know that this is in part because of $200 and only through October and sets
EXECUTIVE CALENDAR—Continued systemic discrimination that we have up a test for local—on the percentage
seen in our system of healthcare. We of your previous salary that UI, unem-
The PRESIDING OFFICER. The Sen- ployment insurance, administrators in
need to take action.
ator from Maryland. Let me give you a few things we the States tell us is not administrable,
CORONAVIRUS could do in this next round that could making a roadblock for those even to
Mr. CARDIN. Madam President, the help deal with the disparities in the get the money provided in the HEALS
most recent count of confirmed Ameri- health impact. The FMAP, the pay- Act, the bill introduced by Senator
cans who have died as a result of ment for Medicaid by the Federal Gov- MCCONNELL.
COVID–19 is 157,551 souls. In my State We need to act boldly. The impact on
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ernment to the States—you see, it has
of Maryland, that confirmed number is been estimated that 12 million Ameri- our economy is here today and is show-
3,402. Those are the confirmed deaths. cans have additionally needed to rely ing no letup. We need to extend the
We believe the deaths are even higher. on Medicaid as a result of COVID–19. $600, and we need to do it through at
Although the United States rep- The States are unable to act because least January of next year.
resents only 4.3 percent of the world’s their budgets have been so badly hurt. The impact of COVID–19 has been
population, we represent over 26 per- There is a risk factor that they will, cruel to families meeting their basic
cent of the COVID–19 infections and al- in fact, even cut back benefits because obligations, including housing for both
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S5238 CONGRESSIONAL RECORD — SENATE August 6, 2020
renters and homeowners. The morato- lican chair of the National Governors afford the internet. We need to take
rium on eviction and foreclosure has Association for Maryland, and Gov- steps to remove that digital divide. We
now expired. The protection is not ernor Cuomo, the vice chair—the need to do that now. We need to do
there. It has been estimated that $12.3 Democratic Governor from New York— that in this legislation so that our chil-
million American households are now came together with all of our Gov- dren can get the maximum opportuni-
at risk of eviction. ernors, saying: You need to help us so ties this fall through distant learning—
We need to act now. We need to pro- that we can help our constituents. those who are going to participate in
vide help against eviction and fore- By the way, their constituents are distant learning. We need to do every-
closure, including direct assistance to our constituents; the same individuals thing we can so children don’t fall fur-
renters and homeowners. It will not are served by State and local govern- ther behind because of a lack of access
only be, again, the right thing to pro- ments and by us in the Congress. to broadband.
tect American families during this The Heroes Act, once again, provided The Heroes Act provides robust fund-
pandemic, but it will also help deal robust help, recognizing that this pan- ing both for State and local govern-
with stability in the real estate mar- demic will have an impact not only on ment but also dedicated to education.
ket, making sure we can maintain fi- the fiscal year that ended June 30 but That is what we need to do and make
nancial viability for that critically im- the fiscal year that began July 1. They sure it is part of a robust response.
portant industry. It is a win-win situa- provide $900 billion of help to State and In November, we will be having our
tion. local governments, providing for its national elections. There is nothing
But look at the contrast between use for revenue loss and providing di- more important to our democracy than
what was done in the House and what rect assistance to our larger subdivi- protecting the free and fair election
we are asking—the Democrats are ask- sions. process in America so that every eligi-
ing—to be considered on the Senate The legislation that was suggested by ble voter in our country can cast their
floor. The Heroes Act provides $100 bil- Senator MCCONNELL on behalf of the ballot safely, that they can do it with-
lion to assist renters and $75 billion to Republicans contains zero—no help for out fear for their public health, and
assist homeowners. The legislation of- State and local governments. that we can make sure it is done with-
fered by Senator MCCONNELL, the One of the essential functions that out influence from foreign actors. That
HEALS Act, provides zero assistance. State and local governments need to requires additional resources.
We need to do what is right for Amer- carry out is educating our children in I was on the phone with the head of
ican families and make sure that they our schools. There are different needs our election board in Maryland, talk-
have a roof over their heads. That in different communities. Our aid has ing about the challenges they have.
needs to be part of our comprehensive to be flexible to allow the local school Governor Hogan has suggested a hybrid
response. districts to do what is right for their approach to the November elections. It
State and local governments are in children as it relates to public safety is going to cost millions of dollars
desperate need. You see, they have bal- and education. That is our responsi- more to conduct that election. The
anced budget requirements. They have bility. local governments don’t have those
to balance their budgets, and now they I recently met with educators in funds.
are juggling 2 fiscal years—one for Maryland and looked at their chal- The Heroes Act provides funds to pro-
most States that ended on June 30 and lenges. They went over with me the tect the integrity of our election sys-
another that started on July 1. In both cost challenges that they will face this tem. It needs to be part of it. We all
of those fiscal years, they are pro- fall, whether they are doing in-class- know there are foreign actors trying to
jecting large deficits. room, distant learning, or a hybrid ap- interfere with our elections. We need to
I can tell you, in Maryland alone, the proach. Safely reopening is costly. Fol- take steps to make sure it is protected.
fiscal year June 30 deficit is now pro- lowing the CDC guidelines to make Once again, the bill brought to us by
jected to grow by $1 billion. sure they have the cleaning supplies the Republicans, the HEALS Act, pro-
Here is the challenge. It is up to our and protective equipment and infra- vides no help. The Heroes Act provides
State and local governments to fund structure changes that are necessary $3.6 billion.
things such as first responders and pub- to safely have students in the class- This week, I was on the phone with
lic safety and schools and public health room and educators in the classroom; several of my constituents concerning
and critical, essential services, but how bus routes need to be changed, the U.S. Postal Service. The U.S. Post-
they don’t have the resources to do it. which is going to be more expensive; al Service is mentioned in the Con-
Without help from the Federal Govern- dealing with distant learning and the stitution as one of the primary func-
ment, without help in this round, we technology that is needed; the tutoring tions of the Federal Government. It is
are going to see additional layoffs and and special education needs that are essential. Ask seniors who rely on the
services that are essential in our com- going to be more challenging; the Postal Service to get their medicines
munity not being carried out. The training of teachers—all this is going in a timely way. We now know how im-
CARES Act helped, but the CARES Act to cost more funds. State and local portant it is for timely conducting our
did not deal with the loss of revenue governments have less funds to operate election process. Yet we are seeing
sustained by State and local govern- with. delays in service. We are seeing com-
ments. I particularly want to mention the promises to worker safety. We are see-
Let’s just use our common sense digital divide. We knew before COVID– ing unreasonable restrictions imposed
here. What do you think our State and 19 that if you did not have access to by the Postal System, and they have a
local governments are looking at in broadband high-speed internet in your desperate need for additional re-
sales tax revenues with so much con- household, you were at a disadvantage. sources. There is a lack of overtime, a
sumer activity that has not taken It puts your children at a disadvantage lack of being able to pick the hours
place? because even though they learn at that you make your delivery so that
Let’s take a look at our income tax school, learning does not stop at the you can get your mail delivered
revenues by our State and local gov- end of the schoolday, and access to promptly and in the safest way consid-
ernments. With income being so se- high-speed internet is critically impor- ering the weather and COVID–19. All of
verely restricted, those revenues are tant for students. It is also important that has been compromised because of
dramatically reduced. In recent years, for their parents and for everyone to be a lack of resources and, I will also add,
we have seen the State and local gov- able to get access to the internet. That the management, the Postmaster.
SSpencer on DSK126QN23PROD with SENATE
ernments rely more and more on spe- has really come to light during COVID– We need to provide additional help.
cific taxes, generally with hospitality— 19. We knew that before COVID–19, and it
dealing with hotels and car rentals and Yes, we have a digital divide. We is now even more critical post-COVID–
parking. Those revenues are non- know that in rural America, it is more 19. The Heroes Act provides $25 billion
existent. difficult to get broadband. We also for our Postal System. We need to
We need to act. It was for good rea- know about the economic cir- make sure that is done. Once again,
son that Governor Hogan, the Repub- cumstances of many families who can’t contrast that with the offer that was
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5239
made by Senator MCCONNELL, where no those small businesses that need the Senate to pass a resolution honoring
money was provided for those services. help and have had revenue loss as a re- the 50th anniversary of the Federal
Nutrition and the SNAP program are sult of COVID–19. That is targeted to Law Enforcement Training Center—
all critically challenged as a result of the smaller of the small businesses. known as FLETC—that is
COVID–19. We need to make sure we They are the ones that don’t have the headquartered in my home State of
make more resources available. The same degree of resiliency, and they Georgia. This is the center that trains
Heroes Act provides more resources to need attention at this particular mo- Federal law enforcement officers whom
make sure our families receive the nu- ment. President Trump has directed to help
trition they need. Yes, we need to build up the capacity restore law and order in communities
One of the things is delivering meals. and make sure that mission lenders— across our country faced with dramatic
When students are in the classroom, those that are most sensitive to the increases in violence.
they usually get their food there, and underserved community—have the ca- As part of Operation Legend, the
it is a lot more efficient to do it that pacity and the volume of loans nec- FBI, ATF, DEA, U.S. Marshals Service,
way. When they are not in the class- essary to reach out so that we don’t and Homeland Security have been de-
room, it has to be delivered, and that is make the same mistake on the next ployed to Kansas City, Chicago, Albu-
more costly. We have to provide those round that was initially made in the querque, and Detroit to reduce alarm-
resources to make sure our children PPP program. I think we can get that ing and rising levels of violent crime
are protected. done. across America. Sadly, our brave
We have to deal with childcare. Many There has been strong bipartisan talk women and men of law enforcement are
families have challenges with about these issues. I think we can under attack. Rioters have physically
childcare. The Heroes Act provides help make progress and get this done. assaulted law enforcement—throwing
there. There is another program that was rocks at them and more, causing
Essential workers. We talk about es- left out of the HEALS Act by Senator countless injuries.
sential workers all the time and talk MCCONNELL that I was very dis- It is clear that the recent surge in vi-
about how we applaud them. They are appointed about, and that is the eco- olence has been driven in part by a
our heroes. What do we do for them? nomic injury disaster loan and grant lack of leadership from leftwing politi-
Well, the House bill deals with haz- program, the EIDL Program. PPP pro- cians who refuse to prosecute crime
ardous pay to show our appreciation vided help to small businesses to deal and who endorse defunding the police.
through compensation. That is what with their payroll expenses and some They are clearly intent on politicizing
we should do. As we pass comprehen- utility expenses, but it didn’t deal with and demonizing our law enforcement.
sive legislation, that should be part of the long-term capital needs of a small Today, I am asking the Senate to
it. business. recognize the critical centers that
Let me say that we should also do We know that they need help in addi- train these dedicated officers. For half
that in regard to our own Federal tion to just the paycheck issues. That a century, FLETC has trained the next
workforce. We should make sure there is where the EIDL Program came in. generation of highly qualified law en-
are adequate resources to make sure You can make both an EIDL loan and forcement. Headquartered at the
every Federal worker has the protec- a PPP loan. Yet we ran out of EIDL former Glynco Naval Air Station in
tion they need to stay safe from funds very early. Instead of issuing Georgia, FLETC has been instrumental
COVID–19. We should do everything we loans up to $2 million, the SBA only in getting violent criminals off the
can to encourage telework when issued loans up to $150,000. The grant streets and protecting our commu-
telework makes sense for our Federal program was $10,000 in cash to small nities for five decades.
workforce. businesses. It doesn’t have to be repaid. Every year, FLETC trains nearly
Let me conclude with the area that I That is a lifeline for the smaller small 70,000 officers from 95 Federal law en-
probably have spent the most time businesses. They are the ones that use forcement agencies, as well as State,
with, and that is small business. In re- the EIDL Program. They are the small- local, and Tribal law enforcement
gard to small business, we have had a er of the small businesses. The SBA im- agencies. This includes agents from
bipartisan working group that has posed a $1,000-per-employee cap, so FBI, DEA, ATF, Customs and Border
made tremendous gains on behalf of they didn’t get the full amount of the Protection agencies, and others. It in-
tools that help small businesses. grant. cludes the Secret Service, Park Police,
Yes, I do want to acknowledge Sen- We have to make sure that we pro- and U.S. Capitol police officers who
ator RUBIO and Senator COLLINS and, vide additional resources to deal with keep all of us here safe every day.
on the Democratic side, Senator SHA- these issues so that the EIDL Program In Georgia, FLETC is a cornerstone
HEEN. The four of us worked together can provide long-term financing to of our coastal community where agents
in the CARES Act to produce the Pay- small businesses. Coupled with the train in a mock town complete with
check Protection Program, which was PPP program, we can keep small busi- banks, shops, and hotels to mimic real-
successful in getting money out quick- nesses alive, because we all know they world scenarios. There are other pro-
ly to small businesses so they could are the growth engine of America. grams in cyber terrorism, active shoot-
stay alive. They are the heart of our economy. We er threats, and financial forensics.
The problem with the PPP program need to make sure that is part of the FLETC Director Thomas Walters re-
is that we thought that by now, the next legislation. cently said: ‘‘FLETC is the only insti-
economy would be back on track and COVID–19 is a once-in-a-lifetime tution in the U.S. that has the capa-
that small businesses would be able to challenge for us. Pandemics happen bility and capacity to train the new
continue without additional help from once in a hundred years. This impact Federal officers that will replace thou-
the Federal Government. That is not on our economy is similar to the Great sands of officers that retire from Fed-
the case. Depression. Let’s rise to the challenge. eral law enforcement in a typical
Secondly, we learned in the PPP pro- Let’s pass a bipartisan—I would say a year.’’
gram that the underbanked commu- nonpartisan—bold bill to deal with the At a time when law enforcement is
nity—the minority small businesses challenges that are before us, and let’s under more scrutiny, more pressure
and the smaller small businesses—was stay here and get it done now. than ever, it is important that we take
left behind when it started because I yield the floor. this opportunity to recognize the hard
they didn’t have the same priority re- The PRESIDING OFFICER. The Sen- work that goes into training and pre-
SSpencer on DSK126QN23PROD with SENATE
lationship with the lenders as the more ator from Georgia. paring our Federal law enforcement of-
sophisticated small businesses had. As f ficers, particularly in my home State
a result, they were denied help. In the of Georgia.
early stages, their loans were not as COMMEMORATING THE FEDERAL Madam President, as in legislative
large; they didn’t get the same type of LAW ENFORCEMENT TRAINING session, I ask unanimous consent that
attention. CENTER’S 50TH ANNIVERSARY the Senate proceed to the consider-
As we look at a second round, we Mrs. LOEFFLER. Madam President, ation of S. Res. 668, submitted earlier
need to make sure that it is targeted to I come to the floor today to ask the today.
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