Pandemic Darlings The pandemic economy, in original documents
Home Source documents Senate Record, September 23, 2020 — Congressional Record

Senate Record, September 23, 2020 — Congressional Record

Summary

This is a long extract from the Congressional Record, Senate, September 23, 2020, beginning at pages S5810 and S5811, with interleaved columns and a sampled middle section. A speaker not named in the text read describes federal support for state and local election officials, saying Congress has spent heavily over the past 4 years and responded to COVID-19 with help for local governments, and that voters should have confidence in the election system. Mr. Whitehouse then speaks on climate change, saying the Business Roundtable's support for carbon pricing shows that corporate opposition could change. The extract ends with a roll call vote on a nomination, 93 yeas and 3 nays, which the Presiding Officer announces was confirmed, with another cloture motion then laid before the Senate.

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

Cite this document

“Senate Record, September 23, 2020 — Congressional Record.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-23-crec-2020-09-23-pt1-pgs5810-ac1485e078/, SHA-256 067ed4d709e50077e6f1e4e4664e9019d3bf6860304934cbcf6867037713ada4.

Full text

                                             S5810                                             CONGRESSIONAL RECORD — SENATE                                                  September 23, 2020
                                             could, as we saw the efforts by some                    that, putting people on the Federal                    the numbers of votes involved.’’ I think
                                             foreign actors and some people in their                 Election Commission to fill vacancies                  he is exactly right. The diversity of the
                                             basements trying to see if they could                   that had been there for a long time.                   system is the strength of the system.
                                             get into the voter registration system                    The Judiciary Committee has looked                     I personally think the best place to
                                             and do something with it. We have                       into things like the social media com-                 vote is at a polling place on election
                                             done more of that—well, we have done                    panies that are trying to stop                         day. I don’t always get to vote that
                                             all we can think of, in my view. We did                 disinformation.                                        way. But if you want to have all the in-
                                             a lot of it before 2018, and that never                   Homeland Security has drawn out a                    formation that happens between the
                                             stopped.                                                roadmap and has put the kinds of pro-                  start of the campaign and the day you
                                               For 20 years, Congress has done all                   tections into the system that you want                 vote, the only way you get that is vot-
                                             we can think of to help make the sys-                   to have in the system for equipment                    ing on election day. If you want to see
                                             tem work better. We have spent over $1                  that counts votes, the registration sys-               your ballot go into a ballot box or into
                                             billion in the past 4 years. We have en-                tem that is available on election day.                 the counting system and know that
                                             couraged them to update, and we have                      The Intelligence Committee, as I said                happened, you better get that on elec-
                                             seen updates of antiquated systems.                     before, conducted a 31⁄2-year investiga-               tion day.
                                             Systems that didn’t have a ballot trail                 tion on foreign meddling in the last                     But many people will vote in other
                                             and other things have all been gen-                     election, and the administration is                    ways, particularly this year. Usually,
                                             erally replaced, and where they haven’t                 holding those perpetrators account-                    the other ways are a little more com-
                                             been, I think they are on even higher                   able.                                                  plicated, but they are still protected by
                                             alert. We have helped them increase                       The Justice Department has secured                   comparison of signatures in most
                                             their cyber security. We have re-                       indictments against three Russian                      States. Usually, there is still going to
                                             sponded to COVID–19 with help to local                  companies. Twenty-six people involved                  be included an indication on the voter
                                             governments, which in some cases was                    with Russia’s influence campaign in                    roll that goes to the polling place that
                                             used for establishing polling places and                2016 have been impacted by that. The                   somebody has already received another
                                             even maybe paying extra to election                     Justice Department has sanctioned 46                   ballot. There are safeguards there.
                                             judges.                                                 other people and 18 businesses.                          For reasons we all understand, more
                                               While we provided those resources, it                   One of the things we didn’t have in                  people are going to vote earlier in this
                                             has been for a long time and still is up                2016 was a cyber offense. We had a                     election than ever before. I know our
                                             to local and State officials, who are the               cyber defense and I think the best in                  election officials in our State and I sus-
                                             closest to the people they work for, to                 the world at that moment—I hope it                     pect all over the country are planning
                                             do everything they can to secure those                  still is—but we didn’t have a cyber of-                for what they can do to still have the
                                             elections. I spent about 20 years doing                 fense.                                                 most information available possible on
                                             that, part of it as a local election offi-                I remember being in an Intel hearing                 election night, but it is unlikely that
                                             cial in Missouri, a county official, and                in 2017—this was early 2017—when the                   we are going to know everything we
                                             part of it as the Missouri secretary of                 question was put to our intel commu-                   want to know on election night.
                                             state, the chief election official.                     nity: Have you ever been told by the                     If you don’t want to vote at a polling
                                               Earlier this month, I had a chance to                 President of the United States that                    place on election day or can’t vote at a
                                             be in Kansas City when the county                       you should have offensive action taken                 polling place on election day, you
                                             clerks and election authorities were all                against these bad actors? The answer                   should still vote. Confidence in every-
                                             meeting. Most of them were there at a                   by all of them was no. But it was                      thing you hear or read should not be
                                             distanced meeting to talk about elec-                   March or April of 2017. The President of               complete, but I think confidence that
                                             tion responsibility. Others were vir-                   the United States who hadn’t given                     the election system itself is going to
                                             tually there to talk again about the ab-                that direction for the previous years                  tabulate the results that came in and
                                             solute commitment they have made to                     was not the current President, who,                    the votes that were cast is a pretty
                                             the people they work for to conduct                     not too long after that, did give that                 safe bet.
                                             elections in a way that is both free and                direction.                                               Politics can become heated and noisy
                                             fair. I think that is what is going to                    By 2018, when we sought cyber of-                    during an election season, but at the
                                             happen.                                                 fense, we had our own cyber offense.                   end of the day, the American people
                                               Clearly, again, there are efforts by                  They know who they are, and they                       need to understand that we are doing
                                             foreign    adversaries—Russia,      China,              know the price they paid and the price                 all we can to give them the ability to
                                             Iran, North Korea, and others—to                        they would pay again. Thousands of                     cast their ballots with minimal obsta-
                                             interfere with our elections, but we                    members of the intelligence commu-                     cles and maximum confidence that
                                             want to be sure and I believe have been                 nity have been working to keep an eye                  what happens on election day is what
                                             sure that Federal agencies have been                    on that part of keeping our elections                  the voters voted to do on election day.
                                             providing the resources they needed to                  secure.                                                  With that, I yield the floor.
                                             investigate bad actors, to punish bad                     Providing Federal support to State                     The PRESIDING OFFICER (Mr.
                                             actors, and to do everything they could                 and local officials is the right ap-                   PERDUE). The Senator from Rhode Is-
                                             to protect the American election sys-                   proach. Frankly, I have been in favor                  land.
                                             tem.                                                    of providing a little more yet this year,                Mr. WHITEHOUSE. Mr. President, I
                                               We are in a much different place than                 but that appears to be part of a bill                  ask unanimous consent to speak as in
                                             we were 4 years ago. Election authori-                  that we just can’t seem to agree to                    morning business for up to 20 minutes.
                                             ties—State and, in many cases, local—                   even though somewhere between the                        The PRESIDING OFFICER. Without
                                             know the name of the person at Home-                    targeted Senate bill and the Problem                   objection, it is so ordered.
                                             land Security with whom they have                       Solvers’ bipartisan bill in the House                                    f
                                             had now a 4-year relationship or a 2-                   that was released a week or so ago,
                                             year relationship or a 1-year relation-                 there is clearly a settlement there that                         CLIMATE CHANGE
                                             ship, and when they get a call the day                  would likely include a little more elec-                 Mr. WHITEHOUSE. Mr. President,
                                             before the election, they are going to                  tion security assistance. But we are                   this is a ‘‘Time to Wake Up’’ good
                                             know that is a call from somebody who                   getting pretty late to add much to the                 news-bad news speech.
                                             not only is there to help them that day                 system; we need to now be sure that                      The good news from last week is on
                                             but has been there to help them up                      what is in the system really works. We                 business community support for carbon
                                             until now.                                              don’t need a Federal takeover.                         pricing. What is carbon pricing? Well,




ctelli on DSK30NT082PROD with SENATE
                                               The Rules Committee has held four                       Many of you heard me say before                      remember that IMF—the International
                                             hearings since the 2018 election—one on                 that late in 2016, President Obama said:               Monetary Fund—pegs the fossil fuel
                                             election security, one on how we are                    ‘‘There is no serious person out there                 subsidy in the United States at more
                                             preparing for the 2020 election, one on                 who would suggest somehow that you                     than $600 billion per year, so the en-
                                             oversight of the U.S. Election Assist-                  could even rig America’s elections, in                 ergy market is dramatically tilted to
                                             ance Commission, and in addition to                     part because they’re so decentralized in               favor fossil fuels. Carbon pricing helps



                                       VerDate Sep 11 2014   04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00016   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.027   S23SEPT1
                                             September 23, 2020                                CONGRESSIONAL RECORD — SENATE                                                                S5811
                                             set that right, helps make an even                      to work on ObamaCare and there was                     U.S. Chamber of Commerce, which re-
                                             playing field. It is economics 101. And                 an idea that the companies that sold                   lentlessly opposes all serious climate
                                             carbon pricing makes a lot of sense.                    sugary beverages that created health                   action and, specifically, a carbon price.
                                               What happened last week? The Busi-                    issues should help pay the cost of the                   Look at them all. Look at them all.
                                             ness Roundtable, made up of all of                      health issues that their sweetened bev-                I don’t know if the camera can pan in
                                             these giant American corporations and                   erages created. So off to battle went                  on that, but these are some of Amer-
                                             more—these are the top 50 that I could                  the American Beverage Association                      ica’s biggest corporations. I would bet
                                             fit on this chart, but there are 200 of                 with millions and millions of dollars in               you that, if this group said, ‘‘Hey, we
                                             them—came out in support of carbon                      spending.                                              have just made a new decision over in
                                             pricing. Their report warned that the                      This, by the way, is just the number                the Business Roundtable, wearing our
                                             consequences of climate change for                      of lobbyists. This is their spending. So               Business Roundtable hat,’’ and went to
                                             global prosperity and socioeconomic                     if they cared about climate change and                 the Chamber and said, ‘‘We are not
                                             well-being are significant. The world                   wanted to put a little bit of lobby pres-              going to do your opposition any longer;
                                             simply cannot afford the costs of inac-                 sure on, this is what they are capable                 we are not going to support your oppo-
                                             tion.                                                   of doing. This is what they are doing.                 sition to climate action; we are actu-
                                               The Business Roundtable’s report                         Here is a pitch, in my hands right                  ally serious about being for climate ac-
                                             went on to urge companies to ‘‘align                    here, entitled ‘‘TechNet: Remaining                    tion and a carbon price’’—if all of those
                                             policy goals and [greenhouse gas] emis-                 Legislative Priorities for 2020.’’ This is             companies actually said that to the
                                             sions reduction targets with scientific                 13 pages of advocacy for all the things                U.S. Chamber of Commerce and threat-
                                             evidence.’’ Listen to the scientists. We                the tech sector wants from Congress                    ened to quit if they didn’t clean up
                                             could do more of that.                                  through      their    trade   association,             their act at the U.S. Chamber of Com-
                                               The BRT said that a key component                     TechNet—13 pages. The list goes on and                 merce, that would make a very big dif-
                                             of science-based climate policy should                  on. ‘‘Top priorities,’’ and then page                  ference.
                                             be a price on carbon. Here is what they                 after page, in small print, of all the pri-              And around here that would make a
                                             said:                                                   orities, of all the things that they want              very big difference because the Cham-
                                               A price on carbon would provide an effec-             Congress to do for them—and there is                   ber is the biggest kahuna of lobbying.
                                             tive incentive to reduce [greenhouse gas]                                                                      It is electioneering all the time, usu-
                                                                                                     not a single mention of climate
                                             emissions and mitigate climate change, in-
                                             cluding through the development and deploy-             change, not a single mention of carbon                 ally against Democrats, almost inevi-
                                             ment of breakthrough technologies. . . . Es-            price.                                                 tably for the worst candidate on cli-
                                             tablishing a clear price signal is the most                What do you think Congress will re-                 mate, and they are over in courts and
                                             important—                                              spond to—general noise made to the                     in regulatory agencies opposing cli-
                                               The most important—                                   world or your specific asks to Con-                    mate action all the time. So why sup-
                                             consideration for encouraging innovation,               gress?                                                 port that if what you really support is
                                             driving efficiency, and ensuring sustained                 Here is the list of companies whose                 doing something on climate, including
                                             environmental and economic effectiveness.               CEOs signed that Business Roundtable                   a carbon price?
                                               So this is big news—these are big                     report and came out for action on cli-                   So the National Association of Manu-
                                             companies—and this is good news.                        mate and a carbon price and who are                    facturers was the other group in a tie
                                             These companies at the Business                         also in TechNet, which, the week be-                   with the Chamber for America’s worst
                                             Roundtable employ more than 15 mil-                     fore, came here with 13 pages of legisla-              climate obstructer. These are all the
                                             lion people. They have more than $7.5                   tive priorities that didn’t include ei-                companies whose CEOs signed the Busi-
                                             trillion in revenues. Their unified voice               ther climate change or carbon price.                   ness Roundtable statement supporting
                                             is a good thing and a big deal.                            You have to line things up, you guys.               climate action and supporting carbon
                                               With all of that good news from all of                These are big players. Look at them:                   pricing and are members of one of the
                                             these big American corporations, what                   Honeywell, Amazon, Microsoft, Cisco,                   two worst climate obstructers in Amer-
                                             is the bad news? The bad news is that                   Dell, Visa, GM, Apple, Comcast, Oracle,                ica, at the same time. So that creates
                                             corporate America often shows one                       Accenture,       Hewlett-Packard,      and             a little bit of a problem.
                                             face to the world and a very different                  PayPal—all on both sides of the issue                    Now, I should go back to the Cham-
                                             face to Congress, and the face they                     within the same week here in Congress.                 ber one just briefly and put a caveat in
                                             show to Congress is not at all aligned                  So those are the trade associations                    here. We don’t know who all the Cham-
                                             with this policy they just announced to                 that do nothing on this issue.                         ber members are. It is a very secretive
                                             the world. This discrepancy, this mis-                     It gets worse because there are trade               organization. Many of its members re-
                                             alignment, is a persistent problem, and                 associations that are our worst en-                    port that they are members of the or-
                                             it needs to be fixed.                                   emies on climate action. In fact,                      ganization, and that is how we can as-
                                               The problem has three dimensions.                     InfluenceMap has done some research                    semble a list like this. But if the com-
                                             One, even these companies don’t pay                     and tracked which groups and which                     pany doesn’t report that they are mem-
                                             much attention to climate change in                     corporations are the most climate                      bers, we don’t know.
                                             their lobbying and election activities.                 friendly and which are the most cli-                     So this is not necessarily complete,
                                             For most, it is zero attention.                         mate hostile. If you look all the way                  but this is all that we can know out of
                                               By the way, that silence is deafening                 over, right next to Marathon Petro-                    this secretive, very oppositional, worst
                                             around here, and that silence by these                  leum in hostility is the U.S. Chamber                  climate obstructer organization—the
                                             companies is compounded by the trade                    of Commerce. There was actually a tie.                 Chamber of Commerce.
                                             associations through which they con-                    The U.S. Chamber of Commerce and                         There      are     some   other     odd
                                             solidate their lobbying work. Most                      the National Association of Manufac-                   discordances among these Business
                                             trade associations do nothing on cli-                   turers were statistically tied as the                  Roundtable leaders. We go back to
                                             mate.                                                   two worst climate obstructers in Amer-                 Business Roundtable membership who
                                               Here is Coke and Pepsi’s trade asso-                  ica.                                                   signed on this; that is, companies like
                                             ciation. By the way, here are Pepsi and                    So they are out here, having worked                 Google, Amazon, AT&T, and Verizon,
                                             Coke on the list of companies that                      hammer and tongs to stop climate leg-                  which are on the BRT list. There is
                                             joined the Business Roundtable pro-cli-                 islation and prevent a carbon price,                   Verizon right there. They are donors to
                                             mate, pro-carbon-price statement. But                   and you have the Business Roundtable                   something called the Competitive En-
                                             when they lobby, here is their Amer-                    statement supporting action on cli-                    terprise Institute.
                                             ican Beverage Association, the trade                    mate change and supporting a carbon                      The Competitive Enterprise Institute




ctelli on DSK30NT082PROD with SENATE
                                             association. As you can see, they                       price.                                                 is the group that put that flagrant,
                                             haven’t been spending much money                           So here are the companies that are                  some would say almost nutty, climate
                                             lately, and they haven’t been spending                  members of the Business Roundtable                     denier Myron Ebell onto the EPA tran-
                                             anything on climate.                                    and came out last week for action on                   sition team. The Competitive Enter-
                                               In 2009 and in 2010, they spent a lot of              climate change and supported a carbon                  prise Institute is a dramatic antagonist
                                             money. Why? Because we were starting                    price and that are also members of the                 to either anything serious on climate



                                       VerDate Sep 11 2014   04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00017   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.028   S23SEPT1
                                             S5812                                             CONGRESSIONAL RECORD — SENATE                                                   September 23, 2020
                                             or a price on carbon. Yet companies                     son that the U.S. Chamber of Com-                      wake up to your own political indiffer-
                                             that signed this Business Roundtable                    merce and the National Association of                  ence and presumably unknowing com-
                                             statement support the Competitive En-                   Manufacturers became the two worst                     plicity in the political logjam on cli-
                                             terprise Institute.                                     climate obstructers in America is be-                  mate action that the fossil fuel indus-
                                               Many people will remember when we                     cause they were paid to. If you, CEOs                  try has deliberately created here in
                                             came to the floor in groups of Senators                 on the Business Roundtable, had                        Congress.
                                             to talk about the web of denial and the                 known that, this might not have hap-                     With that, I yield the floor.
                                             web of front groups that the fossil fuel                pened. We might not have been here by                    The PRESIDING OFFICER. The Sen-
                                             industry set up to hide their hands and                 now.                                                   ator from Maryland.
                                             do their dirty work and stop climate                      It is very likely that the Chamber                     Mr. CARDIN. Mr. President, I want
                                             action in Congress. That is the Com-                    and the NAM leaders snuck up on you,                   to thank Senator WHITEHOUSE for his
                                             petitive Enterprise Institute right                     taking floods of fossil fuel money that                longstanding leadership in the U.S.
                                             there—right there, right smack in the                   they didn’t tell you about and selling                 Senate on addressing the concerns of
                                             middle of the web of fossil-fuel-funded                 out their organizations to the fossil                  climate change. He has been there
                                             climate denial, and Google, Amazon,                     fuel industry, leaving you high and                    every week, every day, leading us to
                                             AT&T, and Verizon were all supporting                   dry, having to explain why you are sup-                take action to prevent the horrors of
                                             that group while supporting the Busi-                   porting     the   two     worst   climate              climate change.
                                             ness Roundtable.                                        obstructers in America.                                  We have made some progress but not
                                               Now, none of this would matter much                     So do your audit, and then give those                enough under his leadership. We have
                                             if Congress was just a sideshow and it                  trade associations a deadline to align                 to do more, as he points out, and what
                                             was really up to corporations to do                     with your policy or you will quit—you                  he just told our colleagues. But I just
                                             their own thing, but that is not the                    will quit on the deadline if they                      really want to thank the Senator—as I
                                             case. Action in Congress is actually the                haven’t. Don’t let them slow-walk you                  look at the wildfires in the West, I look
                                             main event in succeeding on climate.                    through endless discussion and process                 at the frequency of the hurricanes,
                                             That is why the fossil fuel industry has                while they are still loading up on fossil              when I look at the receding shorelines
                                             worked so hard to set up this web to                    fuel money and running fossil fuel er-                 in Maryland, as I look at our efforts on
                                             deny climate science and to obstruct                    rands in your names. Don’t let them do                 the Chesapeake Bay—and recognize
                                             climate action here in Congress.                        that.                                                  that if we don’t do what we need to do,
                                               So when these Business Roundtable                       Finally—finally—recommendation                       what science tells us we could do on
                                             companies come to Congress through                      five, ask your lawyers. Ask your law-                  carbon emissions, we are doing this at
                                             their other groups and say, ‘‘Don’t                     yers, particularly if you are on the                   our own peril.
                                             bother on climate’’ or ‘‘Don’t do a car-                board of climate obstructer groups: If                   It is not just America. It is the global
                                             bon price,’’ it matters. And it makes it                these groups were trafficking in fraud-                communities. It is our leadership glob-
                                             a little hard to really take action in                  ulent information, what is the board’s                 ally. Senator WHITEHOUSE and I trav-
                                             Congress based on their statement that                  responsibility? That is a lawyer ques-                 eled with other Members of the Senate
                                             they support climate action and a car-                  tion.                                                  to the climate meetings, and we made
                                             bon price when, through other groups,                     If they loaded up with fossil fuel                   progress. We have to get back to it. I
                                             they are funding the opposition to the                  money, how was your due diligence on                   just want to thank Senator WHITE-
                                             position that they claim to support.                    the board of that organization in de-                  HOUSE for his leadership.
                                               So, to the BRT, thank you for what                    tecting that warning signal that your                                    CORONAVIRUS
                                             you did. I don’t want to under appre-                   trade association had loaded up with                     Mr. President, on Sunday, the Wash-
                                             ciate that. It is a big deal. It is a good,             fossil fuel money and was arguing                      ington National Cathedral marked the
                                             good thing. But now you have to make                    against your position when it came to                  200,000 American lives lost to COVID–19
                                             it real. You have to make it real in                    Congress, carrying the water for the                   by tolling the Bourdon Bell 200 times—
                                             Congress. No more zero effort from                      fossil fuel industry? Your lawyers may                 once for every 1,000 lives lost. Nearly
                                             you. No more zero effort from your                      have some advice about whether you                     113,000 people have died since May 15,
                                             trade associations. No more support for                 have met due diligence.                                when the House of Representatives
                                             our biggest climate obstructers from                      Final point, climate is not really a                 passed a comprehensive COVID–19 re-
                                             you.                                                    partisan issue. It wasn’t in 2007 to 2009,             lief package known as the Heroes Act.
                                               If you want the results of what you                   when Senator CARDIN and I got here                       As of September 20, the 7-day moving
                                             asked for, you have to align your ac-                   and the Senate had multiple bipartisan                 average for new infections was over
                                             tions in Congress with your values.                     climate bills.                                         41,000. The 7-day moving average for
                                             Align what you say in that statement                      It wasn’t in 2008, when Republican                   new deaths was almost 800. Put another
                                             with what you do through your groups                    John McCain had climate on his party                   way, from a fatality standpoint, we
                                             here in Congress. That ought not to be                  platform as the Republican nominee. It                 have the equivalent of the 9/11 terrorist
                                             much to ask—to align what you do in                     all started with Citizens United in 2010,              attack every 4 days. The United States,
                                             Congress with what you say you want                     when the fossil fuel industry was al-                  which has 4.3 percent of the world’s
                                             to do to the outside world.                             lowed to trade up its political weap-                  population, accounts for 21.1 percent of
                                               I have a few suggestions, if you are                  onry from muskets, corporate PACs, to                  the COVID–19 deaths worldwide.
                                             interested. One, think about commis-                    tactical nukes, unlimited spending, se-                  When President Trump delivered his
                                             sioning a lobbying and electioneering                   cret super PACs, phony front groups—                   Inaugural Address in January 2017, he
                                             audit of your own company. If you are                   the whole apparatus of climate ob-                     stated:
                                             the CEO, commission an audit of your                    struction.                                               This American carnage stops right here
                                             own company’s lobbying and election-                      Today, as a result of that, the Repub-               and stops right now. We are one nation. . . .
                                             eering so you actually know what your                   lican Party has been so captured that                  We share one heart, one home, and one glo-
                                             company is doing on climate.                            on climate it is little more than the po-              rious destiny. . . . So to all Americans in
                                               I suspect a lot of the CEOs signed                    litical wing of the fossil fuel industry.              every city near and far, small and large,
                                             this in good faith. They don’t know. So                 It doesn’t have to be that way.                        from mountain to mountain, from ocean to
                                             commission an audit. Learn what your                      To these big companies who signed                    ocean, hear these words—you will never be
                                             company is really doing on climate.                     this wonderful pledge: Fix your poli-                  ignored again.
                                               Do an audit of your trade associa-                    tics, push back on the fossil fuel ob-                   Fast forward to last week when
                                             tions. If you are a member of a trade                   struction, clean up your obstructor                    President Trump—referring to the




ctelli on DSK30NT082PROD with SENATE
                                             association, get in there and see what                  trade associations, wake up your sleep-                total U.S. fatalities—said:
                                             they are up to. I bet that you will find                ers, and make climate a real priority in                 If you take the blue states out, we’re at a
                                             that what I say is true.                                Congress, and you will see what looks                  level that I don’t think anybody in the world
                                               Three, demand that your trade asso-                   like magic begin to happen.                            would be at. We’re really at a very low level.
                                             ciations declare where they get their                     For you all, it is less time to wake up                Of course, talking about COVID in-
                                             money. It seems obvious that the rea-                   to climate change than it is time to                   fection.



                                       VerDate Sep 11 2014   04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00018   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.030   S23SEPT1
                                             September 23, 2020                                CONGRESSIONAL RECORD — SENATE                                                                S5813
                                                President Trump has said many ap-                    Medicaid for access to affordable                        I have authored two bills focused on
                                             palling things. Dividing America dur-                   healthcare amid the pandemic. In my                    addressing health disparities: One, the
                                             ing a pandemic into so-called blue and                  State, more than 45,000 Marylanders                    REACH Act, with Senator SCOTT of
                                             red States and devaluing the lives of                   are newly enrolled in Medicaid. At the                 South Carolina; and, two, the COVID–
                                             Americans from blue States may be                       same time, State revenues are plum-                    19 Health Disparities Action Act with
                                             one of the most appalling things so far.                meting, leaving States facing budget                   Senator MENENDEZ. Both bills create
                                                As former Secretary of Homeland Se-                  deficits that could amount to $555 bil-                targeted grant programs that would
                                             curity and Republican Governor of                       lion through 2022.                                     help community-based organizations
                                             Pennsylvania, Tom Ridge, remarked,                        If unaddressed, these budget short-                  and local health departments provide
                                             ‘‘It’s so unworthy of a president. It’s                 falls will lead States to making dra-                  culturally appropriate outreach, edu-
                                             beyond despicable. It’s soulless. It’s al-              matic cuts to Medicaid, just as they                   cation, and health services to Black,
                                             most unspeakable in the middle of the                   did during the past economic down-                     Latino, indigenous, and our commu-
                                             pandemic to try to divide the country                   turns, at a time when those newly and                  nities of color. Both bills are important
                                             on a political basis when COVID–19 is                   previously enrolled need healthcare the                steps to rectifying the ills of systemic
                                             really bipartisan.’’                                    most. The National Governors Associa-                  racism from going forward.
                                                Not only was President Trump’s                       tion has called on Congress to further                   Communities of color have long-
                                             statement     appalling,   beyond    des-               raise the FMAP and maintain access to                  standing and tragically appropriate
                                             picable, and soulless, it belies the fact               essential Medicaid benefits.                           mistrust with the medical community,
                                             that COVID–19 does not care about                         Another important policy that will                   for good reason, sadly. Our government
                                             State boundaries or any other bound-                    increase access to healthcare services                 deliberately misled Black patients and
                                             aries. The States that President Trump                  during the COVID–19 pandemic is per-                   research     participants    during   the
                                             lost in the 2016 election currently ac-                 manently extending telehealth permis-                  Tuskegee Syphilis Study. Today, phy-
                                             count for about 12,000 more COVID                       sions and privileges implemented under                 sicians still undertreat or under-
                                             deaths than the States that he won.                     the CARES Act. Specifically, Congress                  diagnose pain in patients of color. The
                                             But the 11 States with the highest                      should permanently remove regulatory                   REACH Act and the COVID–19 Health
                                             number of COVID–19 cases per million                    barriers so that patients in rural, un-                Disparities Action Act should be in-
                                             residents are all States that he won,                   derserved, and urban areas can use                     cluded in the next COVID–19 supple-
                                             and 14 of the 19 States with caseloads                  telehealth to see their primary care                   mental to help promote trust within
                                             above the national average are States                   providers, mental health counselors,                   the communities of color for future
                                             that he won. So the grim gap is clos-                   and    chronic   disease    management
                                                                                                                                                            COVID–19 responses, as we look beyond
                                             ing, but it really should not matter be-                teams. Reimbursement for these serv-
                                                                                                                                                            the pandemic.
                                             cause we are the United States of                       ices should adequately reflect the care                  Since the start of the COVID–19 pan-
                                             America. I wish President Trump could                   delivered and allow patients to use                    demic, our State and local govern-
                                             understand that.                                        their homes to receive these services.                 ments have faced significant financial
                                                Speaker PELOSI has stated that she                   Telehealth increases access to care in                 challenges to meet declining revenues,
                                             intends to keep the House in session                    areas with workforce shortages and for
                                                                                                                                                            as well as emergency costs related to
                                             until Congress passes another com-                      individuals who live far away from
                                                                                                                                                            COVID–19. It is well beyond time we
                                             prehensive COVID–19 relief package.                     healthcare facilities, have limited mo-
                                                                                                                                                            listen to those on the ground dealing
                                             And I agree with the Speaker.                           bility or transportation, or have other
                                                The Senate may adjourn as soon as it                                                                        with the COVID–19 pandemic and pro-
                                                                                                     barriers to accessing care.
                                             passes the fiscal year 2020 continuing                    This is a bipartisan proposal to ex-                 vide them the resources they need.
                                             resolution to keep the Federal Govern-                                                                           What does this mean for commu-
                                                                                                     pand telehealth. It makes abundant
                                             ment open. I fear this would be a grave                                                                        nities back home? For our municipali-
                                                                                                     sense. We have done it. Now let’s make
                                             mistake and an abdication of our duty.                                                                         ties, it is funding for first responders
                                                                                                     it permanent. That helps rural Amer-
                                             The Senate should take up the Heroes                    ica; that helps people who have a hard                 and community services. For our coun-
                                             Act. The so-called skinny amendments                    time with transportation to get to                     ties, it is funding for schools. For our
                                             Senators JOHNSON and MCCONNELL                          where they need to be; it is more effi-                States, it is funding for public health.
                                             brought to the floor over the past few                                                                           The revenue losses our State, county,
                                                                                                     cient; and it is safer. Let’s make sure
                                             weeks were so woefully inadequate                                                                              and local governments face are dra-
                                                                                                     that is done before we leave.
                                             they failed the fundamental test of                       At a time when many are unable to                    matic, and they threaten to cause deep,
                                             serving as the beginning block for a bi-                visit their health provider in person,                 lasting cuts to public safety, edu-
                                             partisan compromise. Even President                     we must depend on telehealth to de-                    cation, public health, and other critical
                                             Trump indicated the Senate Repub-                       liver high-quality healthcare to mil-                  essential services that will adversely
                                             licans need to do more.                                 lions of Americans around the country.                 affect far beyond the public health bat-
                                                I would like to take the next few                      We have seen how COVID–19 has dis-                   tle against COVID–19.
                                             minutes to outline some of the things                   proportionately affected communities                     Our Governors have issued a bipar-
                                             we need do to respond appropriately to                  of color, highlighting how the United                  tisan plea. Governor Cuomo of New
                                             the twin health and economic crises                     States fails to extend critical re-                    York, a Democrat, and Governor Hogan
                                             our Nation faces.                                       sources, support, and healthcare access                of Maryland, a Republican, who are the
                                                Remember when President Trump                        to these communities. According to the                 chair and previous chair of the Na-
                                             promised that the novel coronavirus                     data from the CDC, communities of                      tional Governors Association, respec-
                                             would magically disappear as the                        color experience higher rates of hos-                  tively, joined with all of our Nation’s
                                             weather got warmer? Well, that did not                  pitalization and death from COVID–19                   Governors—all—in April to say they
                                             happen, and now summer has turned to                    than White people do. Black Ameri-                     need help from the Federal Govern-
                                             autumn; the weather is starting to get                  cans, Native Americans, Alaskan Na-                    ment.
                                             cold again; and the flu season is ap-                   tives are five times more likely to be                   They need help to maintain critical
                                             proaching.                                              hospitalized than White people are.                    missions of public safety, public
                                                The next COVID–19 supplemental                         African-American Marylanders ac-                     health, and public education with at
                                             package should include provisions that                  count for 30 percent of our State’s pop-               least $500 billion for our States and ad-
                                             increase the Federal Matching Assist-                   ulation but 41 percent of its COVID fa-                ditional funding for local governments
                                             ance Payment, FMAP, and maintain                        talities. Marylanders of Latin Amer-                   beyond what we already provided under
                                             Medicaid payments and permanently                       ican descent account for 17 percent of                 the CARES Act.
                                             expand telehealth flexibilities that                    the State’s population but 21 percent of                 The Heroes Act, which has passed the




ctelli on DSK30NT082PROD with SENATE
                                             have increased healthcare access to pa-                 its cases.                                             House, provides $875 billion for our
                                             tients around the country and address                     This is why the next supplemental                    State and local governments. Of that
                                             health disparities that COVID–19 pan-                   package must focus on and contain                      amount, $500 billion goes to meet the
                                             demic has worsened.                                     policies that address health disparities               State’s needs, and $375 billion goes to
                                                The Urban Institute estimates 12 mil-                that have been worsened by the                         meet local government needs, with
                                             lion additional Americans will turn to                  COVID–19 pandemic.                                     one-half to the counties and one-half to



                                       VerDate Sep 11 2014   04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00019   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.032   S23SEPT1
                                             S5814                                             CONGRESSIONAL RECORD — SENATE                                                  September 23, 2020
                                             municipalities. This funding goes di-                   States to support their public institu-                lesson is that there is no one-size-fits-
                                             rectly to counties and local govern-                    tions of education. In Maryland, this                  all solution to rescue the economy dur-
                                             ments of all sizes to support their ur-                 would provide nearly $900 million for                  ing a crisis. To help the most employ-
                                             gent needs. The funding is meant to ad-                 our local school districts for meeting                 ers we can, Congress must preserve the
                                             dress urgent COVID–19 response activi-                  the needs of growing numbers of low-                   multiple support tools in the toolkit.
                                             ties, and State and local governments                   income students and our children with                    There is already bipartisan consensus
                                             may also use it to replace lost revenue                 special needs; retaining educators vital               that we must provide small businesses
                                             to avoid making draconian cuts to es-                   to the education of our children; and                  with a second Paycheck Protection
                                             sential services.                                       ensuring that schools have resources to                Program loan. More than 3 months
                                               That would go a long way to meeting                   improve the virtual learning environ-                  ago, Senators COONS, SHAHEEN, and I
                                             the needs of our local first responders,                ment that frustrated so many students,                 introduced legislation to create the
                                             our police, our firefighters, our sanita-               parents, and educators last spring.                    Prioritized Paycheck Protection Pro-
                                             tion workers, and our educators.                          This funding would rightly support                   gram, which would provide vulnerable
                                               The Senate Republicans’ HEALS Act,                    the decisions of local school and public               small businesses experiencing signifi-
                                             in its most recent iteration, provides                  health officials on how schools may re-                cant losses due to COVID–19 with a sec-
                                             no new funding to help State and local                  open in the fall, whether virtual or in-               ond capital infusion. Our proposal—
                                             governments; rather, they merely ex-                    person or hybrid. It does not attempt                  P4—would allow small businesses that
                                             tend the deadline for use using CARES                   to coerce school districts into reopen-                have 100 or fewer employees to receive
                                             moneys. That is not adequate. We must                   ing their classroom doors in an unsafe                 a second PPP loan if they can dem-
                                             do more.                                                manner as the only way to receive                      onstrate a loss of revenue of 50 percent
                                               This is too little, too late. Our State               critically necessary Federal funds.                    or more due to the pandemic. The bill
                                             and local communities in Maryland                         The Federal Government should pro-                   would also reserve $25 billion for small
                                             have already allocated funding for pro-                 vide local leaders with adequate re-                   businesses with 10 or fewer employees
                                             grams that support renters, small busi-                 sources to support well-informed and                   and extend the deadline to apply for an
                                             nesses, and support frontline workers                   reasoned public health decisions rather                initial PPP loan through the end of
                                             who face increased risk of exposure to                  than dangerously mandating school re-                  this year.
                                             COVID–19. Those dollars are spoken                      openings. In addition, the Federal Gov-                  There is also bipartisan agreement
                                             for.                                                    ernment needs to take the leadership                   on the need to improve the Economic
                                               I urge my colleagues to recognize the                 in eliminating the digital divide. Ac-                 Injury Disaster Loan Program, EIDL. I
                                             lasting harm the failure to support our                 cess to reliable internet service should               support Senator ROSEN’s and Senator
                                             State and local governments will cause                  be available to every household in                     WARREN’s efforts to shore up the EIDL
                                             and support the NGA’s bipartisan re-                    America.                                               Program so that more small businesses
                                             quest to provide additional funding to                    The best action Congress can take to                 have access to the long-term, low-in-
                                             State and local governments.                            help small businesses is to provide                    terest rate loans the program makes
                                               If we learned anything when the                       State and local governments, health                    available. With their maximum loan
                                             school year ended so abruptly this past                 providers, and first responders with the               amount of $2 million and repayment
                                             spring, it is a greater appreciation for                resources they need to protect our                     terms as long as 30 years, EIDLs pro-
                                             our educators and the work they pro-                    communities from COVID–19, as I men-                   vide small businesses with flexibility,
                                             vide for our students in the classroom.                 tioned a moment ago. I am proud to be                  capital that they can use to retool
                                             It is so difficult to duplicate the inter-              the ranking Democrat on the Small                      their businesses to respond to COVID–
                                             action between educators and students,                  Business and Entrepreneurship Com-                     19.
                                             yet our colleagues across the aisle ap-                 mittee. I have worked very closely                       There is also bipartisan agreement
                                             pear to be unwilling to provide our                     with Senator RUBIO on proposals. First,                on the need to expand the employee re-
                                             local school systems with the resources                 we have to get this COVID–19 under                     tention tax credit, which is a provision
                                             they need to allow school systems to                    control. Only after it is safe for small               from legislation I introduced with Sen-
                                             educate students safely this fall.                      businesses to resume full operations                   ator WYDEN that was included in the
                                               Our local school leaders are making                   and safe for parents to send their chil-               CARES Act. The House acted on this
                                             incredibly difficult decisions while fac-               dren to school will our economy truly                  bipartisan agreement. The Heroes Act
                                             ing political pressures from the Trump                  begin to recover.                                      makes substantial enhancements to
                                             administration to ignore public health                    Getting the virus under control is es-               this program so that it could benefit
                                             recommendations from Federal, State,                    pecially important for small businesses                close to 60 million workers and over 6
                                             and local officials; legitimate concerns                in the food services, hospitality, live                million businesses.
                                             from educators on the safety of return-                 events, travel and tourism sectors.                      If the Senate fails to act now—before
                                             ing to the classroom; and questions                     Businesses in those sectors are espe-                  adjourning—to support small busi-
                                             from parents who need answers on how                    cially reliant on large gatherings in                  nesses by getting this pandemic under
                                             to continue their child’s education                     order to make a profit.                                control and providing capital to our
                                             while meeting their own work respon-                      Restaurants, for example, have been                  small businesses, our communities will
                                             sibilities.                                             able to make up for lost indoor dining                 pay a heavy price for that inaction, as
                                               With dwindling State and local gov-                   capacity by increasing their outdoor                   many more small businesses will close
                                             ernment revenues because of COVID–19,                   dining capacity, which will become in-                 their doors, and I am afraid they will
                                             the school leaders have already started                 creasingly difficult in many parts of                  do it permanently.
                                             to face budget crunches even as                         the country as the weather gets colder                   Studies have shown that maintaining
                                             schools’ financial needs have increased                 and more inclement.                                    the employer-employee relationship is
                                             things like cleaning supplies now nec-                    Similarly, communities that rely on                  key to a swift, robust recovery. With
                                             essary to meet CDC public health guid-                  tourism revenues generated during the                  tens of millions of Americans relying
                                             ance, educational technology, and                       winter months, such as Deep Creek                      on unemployment benefits and perma-
                                             trainings for educators to meet the                     Lake in my home State of Maryland,                     nent job losses on the rise, it is critical
                                             new demands of online education.                        are likely to experience decreased                     that we do all we can to keep workers
                                               Without      additional   Federal    re-              cashflow this year due to the pan-                     connected to their jobs and prevent
                                             sources, we fail to provide our local                   demic. Employers on the Eastern Shore                  further layoffs. I am disappointed that,
                                             school leaders with the tools necessary                 missed their prime summer months.                      despite bipartisan agreement on sev-
                                             to strike the balance between main-                     Congress cannot leave small businesses                 eral of the measures needed to support




ctelli on DSK30NT082PROD with SENATE
                                             taining the highest quality level of                    and the communities that rely on them                  American small businesses struggling
                                             education for our children while pro-                   out in the cold.                                       to survive COVID–19, the response to
                                             tecting student and educator health.                      In addition to getting the pandemic                  the pandemic has turned into a par-
                                               The Heroes Act provides $100 billion                  under control, Congress must build on                  tisan fight.
                                             for a State-level Fiscal Stabilization                  the lessons learned during past eco-                     For the sake of our communities and
                                             Fund for education, with $90 billion for                nomic downturns. The most important                    small businesses, I urge my Republican



                                       VerDate Sep 11 2014   04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00020   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.033   S23SEPT1
                                             September 23, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                S5815
                                             colleagues and President Trump to ac-                    first looked at it in January this year,                 We have continued to ask how we can
                                             cept Speaker PELOSI and Senator SCHU-                    September already existed on the cal-                  address the issue of small businesses
                                             MER’s offer to meet Democrats in the                     endar.                                                 here. How can we extend the Paycheck
                                             middle so we can pass a bipartisan bill                    It is not as if we didn’t know what all              Protection Program and give a second
                                             that helps our communities get COVID                     the deadlines were. Everyone knew full                 round to the hardest hit businesses? We
                                             under control and begin the recovery                     well what all the deadlines were.                      don’t think it is that unreasonable. As
                                             process.                                                   We can say it is the pandemic that                   we are nearing the end, we need to help
                                                The Heroes Act also extends the                       slowed everything down, except for the                 them bridge the gap at this point, but
                                             weekly $600 emergency Federal unem-                      fact that all of the appropriations work               for whatever reason, it is not included
                                             ployment payment. This special ben-                      could have already been done, and                      either as we work our way through this
                                             efit lapsed in July. President Trump’s                   much of the committee work could                       process.
                                             program to provide $300 a week in                        have been done. Some was done by the                     Now, I don’t know what will happen
                                             emergency benefits through FEMA is a                     House but not completed. It can be                     in the next few hours as we deal with
                                             weak half measure, and Congress must                     done by the Senate, but it was not.                    the continuing resolution that will
                                             do more. These extra 6 weeks will ex-                      So here we are again, watching the                   come from the House, but there is no
                                             pire very shortly, and it comes out of                   countdown clock toward a government                    reason we should be talking about a
                                             the FEMA funds, which are desperately                    shutdown as we discuss what happens                    government shutdown again.
                                             needed as we know how many emer-                         next.                                                    A year ago, I and Senator HASSAN,
                                                                                                        Things have been tied up this week                   the Democratic Senator from New
                                             gencies are occurring throughout our
                                                                                                      with what is called a continuing reso-                 Hampshire, sat down to talk through
                                             country with the wildfires and the hur-
                                                                                                      lution. This body knows—others may                     how we could end government shut-
                                             ricanes.
                                                The full benefits the Heroes Act pro-                 not—that a continuing resolution is                    downs forever so that government
                                                                                                      literally taking last year’s appropria-
                                             vides would strengthen the critical                                                                             workers across the DC region and
                                                                                                      tions bills, changing the dates, and
                                             safety net for the record number of                                                                             across the country would not be living
                                                                                                      moving them over to the new one. This
                                             Americans who are unemployed as                                                                                 in fear of being furloughed and so that
                                                                                                      particular      continuing     resolution
                                             America faces its most serious eco-                                                                             Americans who would want to be able
                                                                                                      stretches until December 11, when we
                                             nomic challenge since the Great De-                                                                             to connect with different agencies
                                                                                                      would have to pick it up and pass more
                                             pression.                                                                                                       would be able to do that at all times,
                                                                                                      appropriations for another continuing
                                                By way of example in Maryland, we                                                                            but we would still be able to have the
                                                                                                      resolution at that time.
                                             are seeing first-time claims for unem-                     The fight this week has been over                    arguments that are needed to be able
                                             ployment benefits at a rate of about                     whether we are going to support rural                  to resolve budget issues.
                                             13,000 a week, peaking in early May,                     America and agriculture. The House                       It may be surprising to some people
                                             with nearly 110,000 new weekly claims                    originally drafted a continuing resolu-                across the country that Republicans
                                             filed. We have seen the total number of                  tion that left out all of the agriculture              and Democrats don’t agree on every-
                                             filings since March exceed 1.5 million.                  projects that were in it. The Senate,                  thing in the budget. Shocking, I know.
                                             These are numbers that cry out for us                    obviously, threw a fit over that and                   We should be able to have that fight,
                                             to extend the unemployment benefits.                     asked: Why are we supporting every-                    though, on the budget, but it should
                                             We really need to do that, and we need                   thing, including benefits to Sri Lanka                 not lead to a government shutdown in
                                             to do that before we leave.                              to get added to the House’s proposal for               the process. Government shutdowns
                                                These are some, but not all, of the                   the continuing resolution, but you                     cost us money every time it happens.
                                             issues we must address immediately                       won’t do so for America’s farmers?                       So my and Senator HASSAN’s simple
                                             and for a sustained period. Former                         So, in the back-and-forth conversa-                  resolution resolves the issue by just
                                             President Harry Truman had a sign on                     tion this week, the House had to ex-                   asking one question: Who needs pres-
                                             his desk in the Oval Office that said:                   tend. Then it went another day. Then                   sure applied to them to deal with the
                                             ‘‘The buck stops here.’’ ‘‘Passing the                   the House finally put the agriculture                  issue, and what is the pressure that
                                             buck’’ means something entirely dif-                     projects back in—and still left in, by                 needs to be applied?
                                             ferent to President Trump. On March                      the way, benefit for Sri Lanka.                          Our straightforward answer is this:
                                             13, 2020, as we began to grasp the mag-                    Our ongoing conversations continue,                  Members of Congress and our staffs and
                                             nitude and impacts of the coronavirus,                   though, about airlines. On October 1,                  the Office of Management and Budget
                                             President Trump said: ‘‘I don’t take re-                 airlines across the country are going to               and the White House should have the
                                             sponsibility at all.’’ That may be the                   lay off 100,000 people—100,000. We have                pressure applied to us to get it done.
                                             most honest and accurate thing he has                    asked for some engagement on the                       The easiest way to apply pressure to
                                             said since he has become President. We                   issue of these airlines. In the CARES                  all of us is to take away our time. It is
                                             have ample evidence to take him seri-                    Act, back in March, we gave an exten-                  pretty straightforward.
                                             ously. Therefore, it is up to Congress to                sion to those airline workers so that                    Here is our proposal: If you get to the
                                             provide the leadership and relief Amer-                  the airline workers and the airlines                   end of the budget year and the appro-
                                             icans desperately need.                                  could still stay connected to each other               priations work is not done, we will
                                                The House has done its part in pass-                  even when we were in this downtime.                    have mandatory quorum calls in this
                                             ing the Heroes Act. It is now time for                   We are getting very close to a vaccine.                body at 12 noon every single day, 7 days
                                             the Senate to act.                                       It is like we can see the light on the                 a week, until we get all of the appro-
                                                I suggest the absence of a quorum.                    other end of the tunnel, but it is not a               priations work done. None of us could
                                                The PRESIDING OFFICER. The                            train this time; it is actually light. We              travel. We would all stay here in DC.
                                             clerk will call the roll.                                are going to get through this pan-                       I will tell you that I really want to
                                                The senior assistant legislative clerk                demic, but for whatever reason, the                    see my family on the weekends. I also
                                             proceeded to call the roll.                              House refuses to deal with the issue of                have people back in my State with
                                                Mr. LANKFORD. Mr. President, I ask                    how to help airline workers at all, not                whom I have appointments whom I
                                             unanimous consent that the order for                     even to do half of what was done in the                need to be able to see, and I have re-
                                             the quorum call be rescinded.                            past, not even to do a portion of what                 sponsibilities there. I want to get back
                                                The PRESIDING OFFICER. Without                        was done in the CARES Act. It has                      to my State of Oklahoma and be with
                                             objection, it is so ordered.                             been exceptionally frustrating.                        those folks.
                                                             GOVERNMENT FUNDING                         It has been the same issue with the                    I am sure all of you would love to get
                                               Mr. LANKFORD. Mr. President, here                      House in its not wanting to do any-                    back to Oklahoma, but you would prob-




ctelli on DSK30NT082PROD with SENATE
                                             we are again. It is late September, and                  thing on the Paycheck Protection Pro-                  ably head back to your States instead.
                                             the budget work has not been com-                        gram. For the smallest businesses in                     We want to be home. We want to be
                                             pleted yet. It seems terribly familiar to                America and for nonprofits, the House                  able to meet with our constituents. We
                                             this body, and it is frustrating. It is                  has put out a multitrillion-dollar pro-                want to take care of the practical
                                             not as if no one knew September was                      posal, and it doesn’t even include any-                needs that are there. The way to do
                                             coming; it was on the calendar. When I                   thing for small businesses.                            that is to get our work done here.



                                       VerDate Sep 11 2014    04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00021   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.035   S23SEPT1
                                             S5816                                             CONGRESSIONAL RECORD — SENATE                                                  September 23, 2020
                                               I have had folks say: Well, just take                  REMEMBERING JUSTICE RUTH BADER GINSBURG               until the age of 26, to stay on their par-
                                             away everyone’s money. Say, ‘‘No                          Ms. ROSEN. Mr. President, I stand                    ents’ insurance.
                                             budget, no pay.’’ It makes a great                      here to honor the life and legacy of Su-                  This next Justice will decide if we see
                                             bumper sticker. The problem is, as                      preme Court Justice Ruth Bader Gins-                   an end to expanded Medicaid benefits,
                                             many people in this body know, there                    burg.                                                  which have helped over 200,000 Nevad-
                                             are a lot of folks in this body who are                   In everything Justice Ginsburg did—                  ans get coverage.
                                             multimillionaires, and if they were                     from her pivotal role in the fight for                    This next Justice is going to decide
                                             honest, they would say their congres-                   gender equality, to her storied legal ca-              who has healthcare during an unprece-
                                             sional salaries are rounding errors to                  reer, to her serving on the DC Court of                dented and deadly pandemic that has
                                             their investments every month.                          Appeals and, ultimately, as a member                   already, tragically, taken the lives of
                                               Good for you, but it is not a pressure                of the U.S. Supreme Court—throughout                   over 200,000 Americans.
                                             point. Taking away your congressional                   her life’s journey, she used every ounce                  This next Justice will also decide if
                                             salary is not an emphasis to actually                   of her ability to give voice to the                    the nearly 7 million Americans who
                                             get the work done.                                      voiceless and build a more just and eq-                have already tested positive for COVID
                                               Taking away time is a way to be able                  uitable world.                                         can be denied healthcare coverage be-
                                                                                                       Justice Ginsburg was a lion on the                   cause they contracted a disease that
                                             to press people to actually get their
                                                                                                     bench. She ruled on monumental and                     this administration initially ignored
                                             work done.
                                                                                                     historic cases, and the decisions she                  and has been unable or unwilling to
                                               Senator HASSAN and I have worked it                   made—and even the dissents she
                                             through the committee process; have                                                                            combat with a national plan.
                                                                                                     wrote—have shaped this country and                        So much hangs in the balance for the
                                             passed it through the Homeland Secu-                    set us on a better path.
                                             rity Committee; and have set it up. It                                                                         American people. Millions could lose
                                                                                                       This remarkable woman inspired                       healthcare because of this Supreme
                                             has already been rule XIV’d, and it is                  countless Americans to fight for the
                                             on our Calendar now. At any moment,                                                                            Court pick. We could go back to a
                                                                                                     best of us even when it was hard, even                 world in which people with preexisting
                                             we in this body could determine to end                  when it was inconvenient. I know I
                                             government shutdowns. We will never                                                                            conditions could not afford to pay for
                                                                                                     wouldn’t be here without Ruth Bader
                                             have one again. If we get to the end of                                                                        lifesaving medicine or treatment.
                                                                                                     Ginsburg’s leading the way. We have a
                                             the fiscal year, a continuing resolution                                                                       Using the courts to take away the
                                                                                                     responsibility to honor her legacy, her
                                             will kick in automatically, and we will                                                                        American people’s healthcare, espe-
                                                                                                     work, and the ethos of Justice Gins-
                                             all stay until we finish the negotia-                                                                          cially at this moment in our Nation’s
                                                                                                     burg. Part of her legacy was her deci-
                                             tions for the appropriations work.                                                                             history, is not only cruel—it is dan-
                                                                                                     sion to uphold the constitutionality of
                                             However heated, however long that                                                                              gerous.
                                                                                                     the Affordable Care Act, and we have
                                             may take, we will stay and finish it                                                                              Amid a global pandemic and the
                                                                                                     seen too many attempts to dismantle
                                             until it is done.                                                                                              worst economy in generations, our top
                                                                                                     this key cornerstone of her legacy.
                                               It is the right thing for us to do, and                 In my time as Senator, I have met                    priority right now should be the needs
                                             it is the right way to handle it. It is                 countless Nevadans, and I have had the                 of the American people—the relief and
                                             not pressure on the Federal workers.                    chance to speak with Americans from                    care that matches the urgency of this
                                             The Federal workers don’t have the                      all across the country. I can say with                 crisis. We cannot afford to play polit-
                                             ability to make the decision here.                      certainty that there is no issue that                  ical games or to threaten the American
                                               Some people say: Well, those folks in                 matters more to the American people                    people’s health coverage when they
                                             DC can just tough it out anyway.                        than their health, especially now.                     need it the most. The American people
                                                                                                       This administration has worked since                 deserve better. They deserve the sta-
                                               Well, it is not just those folks in DC,
                                                                                                     day one to take healthcare coverage                    bility and security of healthcare cov-
                                             though there are a lot of folks in DC
                                                                                                     and critical protections away from mil-                erage for themselves and their loved
                                             who are working very hard for Ameri-
                                                                                                     lions of Americans. It has failed time                 ones.
                                             cans all over the country. Just in my
                                                                                                     and again to dismantle the ACA                            I ask that my colleagues truly listen
                                             State of Oklahoma, there are 4,300 Fed-
                                                                                                     through legislation, and it has also at-               to the American people, who need us
                                             eral employees who work in agri-
                                                                                                     tempted to destroy and dismantle the                   now more than ever.
                                             culture, who work for Housing and                                                                                 I had hoped that my Republican col-
                                             Urban Development, who work for the                     ACA through the courts.
                                                                                                       In one of my first actions as a Sen-                 leagues would have honored their own
                                             FAA—who work for all kinds of enti-                                                                            precedent in this process—the McCon-
                                             ties that take care of families in Okla-                ator, I co-led and helped to introduce a
                                                                                                     resolution to defend the Affordable                    nell rule—and ensured that the Amer-
                                             homa. They also deserve the privilege                                                                          ican people would have their say at the
                                             of continuing their service to their                    Care Act’s constitutionality against
                                                                                                     this administration’s assault. In my                   ballot box before filling any vacancy.
                                             neighbors, just as always, while we are                                                                        Instead of political gamesmanship, I
                                             resolving our differences here.                         first speech on the Senate floor, I
                                                                                                     called on the Senate to take it up and                 ask that my colleagues honor the dig-
                                               So my request is the same as it was                                                                          nity of our democratic institutions and
                                                                                                     pass it. I cannot even begin to count
                                             last year: Why are we talking about                                                                            the health of the American people.
                                                                                                     the number of Nevadans who have
                                             the possibility of there being a govern-                                                                          In 2015, when asked how she would
                                                                                                     shared how they would be affected by
                                             ment shutdown again when we could                                                                              like to be remembered, Justice Gins-
                                                                                                     the ACA’s demise. Everything is at
                                             take that off the table forever with a                                                                         burg responded: ‘‘As someone who . . .
                                                                                                     stake if these individuals and these
                                             straightforward, bipartisan proposal                                                                           [helped] repair tears in her society, to
                                                                                                     families are denied access to care.
                                             that says we will never again have a                                                                           make things a little better through the
                                                                                                       Justice Ginsburg’s replacement will
                                             government shutdown?                                                                                           use of whatever ability she has.’’
                                                                                                     help to decide whether individuals with
                                               We will work out our differences be-                  preexisting conditions can be denied                      That is how she wanted to be remem-
                                             cause we do have differences, but we                    coverage and, thus, be left behind. Let                bered.
                                             will not hold Federal workers hostage                   me be clear: What this potentially                        We, too, have the ability to repair
                                             in the process. We will just stay and                   means is that any of us with a pre-                    tears in our democracy, and we, too,
                                             work out our differences.                               existing condition could no longer ob-                 have the ability to make sure things
                                               I look forward to seeing the vote on                  tain health insurance.                                 are better for all Americans by ensur-
                                             the continuing resolution and avoiding                    This next Justice will decide if we see              ing that their health remains pro-
                                             a shutdown again, but I look much                       an end to the tax credits that make                    tected.
                                             more forward to never having shut-                      healthcare coverage affordable for mid-                   I urge my colleagues to follow Jus-




ctelli on DSK30NT082PROD with SENATE
                                             downs again when Senator HASSAN’s                       dle-income families.                                   tice Ruth Bader Ginsburg’s example
                                             and my bill is finally voted on and                       This next Justice will decide if we see              and honor her life and her life’s work.
                                             passed.                                                 an end to preventive care without                         I yield the floor.
                                               I yield the floor.                                    copays.                                                   I suggest the absence of a quorum.
                                               The PRESIDING OFFICER (Mr. COT-                         This next Justice will decide if we see                 The PRESIDING OFFICER. The
                                             TON). The Senator from Nevada.                          an end to the ability of young adults,                 clerk will call the roll.



                                       VerDate Sep 11 2014   04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00022   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.036   S23SEPT1
                                             September 23, 2020                                CONGRESSIONAL RECORD — SENATE                                                               S5817
                                               The legislative clerk proceeded to                    tough because that is what he does for                   So it is fair that Congress wanted to
                                             call the roll.                                          a living.                                              take another look at that original un-
                                               Mr. PORTMAN. Mr. President, I ask                       So his question to me was this: You                  employment insurance supplement,
                                             unanimous consent that the order for                    know, look, I really appreciate the 300                which was set to expire at the begin-
                                             the quorum call be rescinded.                           bucks. I need it to get by. And I got my               ning of August, and it did expire, and
                                               The PRESIDING OFFICER. Without                        rent, I got my car payment, and what                   we wanted to look at it to see what the
                                             objection, it is so ordered.                            are you guys going to do about that?                   new supplement ought to be given the
                                                               CORONAVIRUS                             Well, the truth is, nothing at this                  changing economy and given some of
                                                Mr. PORTMAN. Mr. President, I am                     point, and that is too bad because that                the improvements that we saw and also
                                             on the floor today to talk about what                   $300 supplement has now ended. In ef-                  given the need for more workers as
                                             the Senate and the House ought to be                    fect, what the President did to con-                   more businesses were reopening.
                                             doing before we leave town for the elec-                tinue some help at the Federal level                     Now, $600 per week was a relatively
                                             tion, and that is helping people who are                had limits because he did it under the                 generous benefit—to the point that the
                                             in need because of the impact of the                    only choice he had, really, which was                  Congressional Budget Office, the non-
                                             coronavirus.                                            the Disaster Relief Fund, and that has                 partisan group around here that gives
                                                I know this is the week when we are                  now run out. So that is where we are.                  us advice, said: If you kept that $600
                                             focused on the passing of Justice Ruth                    Early on in the pandemic, both Re-                   until next year—which is what the
                                             Bader Ginsburg, and that is appro-                      publicans and Democrats recognized                     Democrats proposed in their Heroes
                                             priate. There is a lot of discussion also               the need to bolster the State-run un-                  Act—8 out of 10 people getting 600
                                             about filling her seat.                                 employment insurance programs to                       bucks a week would be paid more on
                                                We should, of course, all take time to               help offset the massive job losses we                  unemployment insurance than they
                                             mourn our Nation’s loss, but we are                     saw in March and April. The initial                    would be at their jobs.
                                             also in the middle of an unprecedented                  amount was $600 per week, and it was                     In other words, you would be making
                                             healthcare and economic crisis. I think                 provided by the CARES Act. It came at                  more money unemployed than you
                                             we have a responsibility to continue                    a big cost to taxpayers. It also provided              would if you were working. That is not
                                             working on COVID–19 legislation to re-                  an income source that made the dif-                    the way unemployment insurance is
                                             spond to those challenges.                              ference for a lot of folks in the State of             supposed to work. That is not good for
                                                Since this crisis began, Congress has                Ohio and around the country.                           an economy that is trying to reopen.
                                             actually come together repeatedly, as                     During those early months, you re-                     I have been all over my State and
                                             Republicans and Democrats, House and                    member the government was actually                     talked to employers—small, mid, large-
                                             Senate, and working with the White                      shutting down a lot of businesses, and                 size employers. I have talked to the
                                             House, to pass five coronavirus relief                  workers were losing their jobs through                 nonprofits. I have talked to people who
                                             bills—legislation to address both the                   no fault of their own, like this indi-                 are working hard to try to provide care
                                             healthcare crisis and the economic free                 vidual last night—through no fault of                  to people in the healthcare sector.
                                             fall that was caused by the virus and                   his own not having a job.                              They all tell me the same thing: That
                                             the shutdowns. The biggest of these                       As the year has gone on, we have                     $600 is a problem because some people
                                             bills was the one you hear about the                    made progress. We slowed the spread of                 were not coming back to work because,
                                             most—the roughly $2 trillion CARES                      the coronavirus in most States. We                     again, for most of those people, they
                                             Act that was passed by a vote of 96 to                  have added more testing and personal                   could make more on unemployment
                                             0.                                                      protective gear. More and more parts                   than they could working. So we needed
                                                Again, these have been bipartisan ef-                of our economy have been able to re-                   to adjust it. Yet Democrats insisted 600
                                             forts up until now. Unfortunately,                      open in a safe and sustainable manner,                 or nothing—or nothing—and so we got
                                             since May, when the last of these five                  and that is great. With the reopening,                 nothing.
                                             bills was enacted, partisanship has pre-                hiring has picked back up, and we now                    Some of us had proposed $300. In that
                                             vailed over good policy, and Wash-                      have far fewer people on unemploy-                     case, some people would be getting
                                             ington has been paralyzed, unable to                    ment insurance than we did at the be-                  paid more on unemployment, but most
                                             come together for the public good.                      ginning of this pandemic.                              would not. In fact, most of them would
                                                Last week I came to the floor to                       Unemployment is now about 8.4 per-                   be getting less than some percentage of
                                             highlight how this dynamic has played                   cent. That was the number for Au-                      their salaries. But, again, if you lose
                                             out with regard to a single issue that                  gust—down from over 15 percent back                    your job through no fault of your own,
                                             has become strictly important for so                    in the spring. That is a big change.                   particularly because of a government
                                             many people in my home State of Ohio                    Over 4 million jobs have been added. At                decision to shut down your sector—say
                                             and around the country. That is the ex-                 the same time, 8.4 percent is still                    a movie theater or a bowling alley or a
                                             panded Federal unemployment insur-                      high—very high. Remember, we were at                   bar—it seems to me that we ought to
                                             ance supplement included in the                         about 3.5 percent in February of this                  be helping.
                                             CARES Act back in March.                                year.                                                    So the $300 that we proposed was to
                                                I had a tele-townhall last night. I am                 By the way, February was the 19th                    go until toward the end of the year, but
                                             trying to do a tele-townhall or a                       straight month of wage increases of                    Democrats said no—kind of a ‘‘my way
                                             Facebook Live townhall every week                       over 3 percent. We had record-low un-                  or the highway’’ approach, like it is
                                             during the pandemic, in part just to                    employment for many sectors of our                     going to be $600 or we are going to give
                                             stay in touch with people because it is                 economy, and here we are at 8.4 per-                   these people nothing. We gave people
                                             so hard back home now to visit with                     cent. So we are not out of the woods                   nothing. To me, that was a big mis-
                                             people in person. Again last night, I                   yet. We still have a way to go. Ohio’s                 take.
                                             had two callers call in, both of whom                   unemployment number just came out                        A number of us came to the floor and
                                             are taking advantage of the current                     the day before yesterday. For August,                  actually said: Let’s continue $600 for a
                                             $300-per-week Federal supplement pro-                   it was 8.9 percent. So 10 percent unem-                week so we can negotiate something.
                                             vided really by the Trump administra-                   ployment is something we are now                         Democrats said: No. We want to end
                                             tion, and they talked to me about how                   under. In fact, we are under 9 percent,                it. We don’t even want to have it tem-
                                             they are going to plan for the future.                  which is way, way faster than the pro-                 porarily at $600 to be able to negotiate
                                                These are individuals who don’t have                 jections. But still, 8.9 percent unem-                 something between Republicans and
                                             a job to go back to. One, by the way, is                ployment in Ohio is something that we                  Democrats.
                                             a musician who makes his living play-                   need to focus on.                                        That is too bad.




ctelli on DSK30NT082PROD with SENATE
                                             ing music—the piano and singing and                       I will say that overall, we are going                  When Congress failed to act, Presi-
                                             so on—at long-term care facilities,                     in the right direction and that unem-                  dent Trump and his administration
                                             nursing homes, and each one of his pre-                 ployment claims, I think, are now ei-                  stepped in, and they said: $300 is about
                                             vious clients has said that he is not                   ther steadily dropping or holding level                the right number. We will provide the
                                             welcome to come back now, for good                      in almost every State. That is cer-                    States a $300 supplement through what
                                             reason. But that makes his life pretty                  tainly true in Ohio.                                   is called the Disaster Relief Fund.



                                       VerDate Sep 11 2014   04:13 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00023   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.038   S23SEPT1
                                             S5818                                             CONGRESSIONAL RECORD — SENATE                                                  September 23, 2020
                                               Now, in the CARES legislation we                      South with hurricanes. So that funding                 replenish the Disaster Relief Fund,
                                             talked about earlier, which was the $2                  left in the Disaster Relief Fund ought                 first to give FEMA the resources it
                                             trillion legislation that passed 96 to 0                to be supplemented for that purpose as                 needs to fully and effectively respond
                                             around here, a lot of money went out                    well.                                                  to the natural disasters that are hit-
                                             for various causes—for our hospitals,                     This is a temporary program meant                    ting parts of our country hard right
                                             for our schools, and for our families                   to provide a bridge while Congress acts.               now and those that are yet to come.
                                             through unemployment insurance. But                     And it would be great if Congress were                 The money won’t be wasted; it will be
                                             it also provided some funding for what                  to act, but, frankly, I am getting kind                spent for appropriate things.
                                             is called the Disaster Relief Fund for                  of discouraged about Congress’s ability                  Second, it would allow the $300 per
                                             COVID–19 purposes. So the President                     to come together again on a bipartisan                 week for the Lost Wages Assistance
                                             took some of that money for COVID–19                    basis, as much as I wish we would.                     Program to continue through Novem-
                                             purposes out of the Disaster Relief                       I have spoken on the floor about                     ber 21, giving Congress what I hope
                                             Fund and said: We are going to, for 6                   what I think I can see as the points of                would be more than enough time to
                                             weeks, allow the States to use this $300                compromise and the overlap between                     come up with a broader solution to the
                                             supplement if they choose to do so.                     our two approaches because there is a                  COVID–19 issue. But at least through
                                               They also encouraged the States to                    lot of it. Every single Republican save                the period of time between now and
                                             provide their own match. What hap-                      1, 52 Members—a majority of the Sen-                   just before Thanksgiving, people would
                                             pened was, every State but two took                     ate—voted for a proposal a couple                      be able to know they will continue to
                                             the government up on that. So the vast                  weeks ago that was viewed as a tar-                    get this $300-per-week supplement to be
                                             majority of States said: Yes, we will do                geted proposal that did provide help for               able to put food on the table, pay the
                                             it.                                                     COVID–19 for families, for small busi-                 rent, or pay the car payment or the
                                               They didn’t add their match, by the                   nesses, and for healthcare.                            mortgage, and we as a Congress will be
                                             way, but they did take the 300 bucks,                     Democrats had their own idea, which                  able to say to the people we represent:
                                             and a lot of people have been helped by                 is the $3.5 trillion that they wanted.                 We haven’t forgotten about you. You
                                             that because over the past 6 weeks,                     Ours was about $500 billion. There is                  lost your jobs through no fault of your
                                             that funding has been available. Unfor-                 something in between there. We could                   own. We ought to be able to continue
                                             tunately, sometimes it got paid as a                    come together with something that is                   providing some help through this in-
                                             lump sum because by the time the                        sensible, but it looks like that is un-                terim period.
                                                                                                     likely.                                                  This isn’t about political wins and
                                             State systems figured out how to ad-
                                                                                                       So at a minimum, let’s move forward                  losses; this is about lives and liveli-
                                             minister it, you know, we were close to
                                                                                                     with these unemployment insurance                      hoods that are at stake. I hope my col-
                                             the end of the 6 weeks. But people
                                                                                                     supplements that we have been doing.                   leagues will join me in a bipartisan ef-
                                             knew that was coming. They knew
                                                                                                     Let’s give the administration the abil-                fort to support this important, com-
                                             they had 300 bucks for paying their
                                                                                                     ity to do it again through the Disaster                monsense legislation so we can bolster
                                             rent, paying their car payment, paying
                                                                                                     Relief Fund. This funding shortage                     our response to the COVID–19 unem-
                                             their mortgage, and that was helpful.                                                                          ployment crisis and to the natural dis-
                                                                                                     would be easy for us to put into the
                                             That was helpful.                                                                                              asters that are currently facing our
                                                                                                     legislation that is likely to come be-
                                               Now we are at a point where Presi-
                                                                                                     fore this Chamber in the next 24 hours,                country.
                                             dent Trump’s emergency Lost Wages                                                                                I yield back my time.
                                                                                                     which is the continuing resolution.
                                             Assistance Program, which is what                                                                                The PRESIDING OFFICER. The Sen-
                                                                                                     That is the funding that is going to pay
                                             that was called—the Lost Wages As-                                                                             ator from Michigan.
                                                                                                     for government to continue operating.
                                             sistance Program under the Disaster                       You know, Congress is supposed to                     REMEMBERING JUSTICE RUTH BADER GINSBURG
                                             Relief Fund—has tapped out. Forty-                      pass individual appropriations bills.                    Ms. STABENOW. Mr. President, I
                                             four billion dollars was made available                 There are 12 of them. We didn’t do                     rise today to pay tribute to one of my
                                             to the States, leaving $25 billion in                   them this year because of the partisan                 personal heroes, Justice Ruth Bader
                                             that Disaster Relief Fund because that                  gridlock around here, so once again we                 Ginsburg. She spent her life in service
                                             $25 billion was what was projected to                   are turning to a continuing resolution                 to the American people, quite literally.
                                             be necessary to deal with the natural                   to provide the funding going forward.                  Whether the Supreme Court was hear-
                                             disasters.                                                The House is acting this week, and                   ing arguments about civil rights, re-
                                               So that is where we are today. Forty-                 we are going to act this week or early                 productive rights for women, pro-
                                             four billion has been depleted. People                  next week, as I understand it. It would                tecting our environment, our precious
                                             who have had unemployment insurance                     be the perfect place to put more fund-                 water and air, or standing up for our
                                             since this disaster began are not going                 ing into this Disaster Relief Fund for                 workers, Justice Ginsburg could be
                                             to have it now. It is going to end. For                 us to be able to provide that $300 ben-                counted on to put the needs of the
                                             many people, it ended this week; for                    efit that the administration has been                  American people first every time.
                                             some, next week; for some, the week                     providing to all States but two and to                   She may not have looked like much
                                             before.                                                 also provide for more help for the nat-                of a fighter, but this tiny Jewish
                                               The point is, we as a Congress need                   ural disasters that are upon us.                       grandmother in the lace collar punched
                                             to act. My view is, let’s provide some                    Senator THOM TILLIS and I have pro-                  far above her weight. The American
                                             more funding for the Disaster Relief                    posed legislation to do just that. We                  people were so fortunate to have her on
                                             Fund, at least. If we can’t come to-                    have a bill out there that we hope Con-                their side of the ring. I feel fortunate
                                             gether with a big COVID–19 package                      gress will be willing to pass, and we are              as a woman in America. My daughter
                                             that helps the schools, that helps small                also interested in adding it as an                     and my granddaughters, too, have
                                             businesses with the Paycheck Protec-                    amendment to the continuing resolu-                    known she was there over and over
                                             tion Program, which I support extend-                   tion, to the appropriations bill that is               again, fighting for us.
                                             ing, that helps with regard to getting                  on its way through here.                                 That certainly was the case on
                                             more money for testing and getting our                    With Congress deadlocked on how to                   healthcare. I have said over and over
                                             vaccine more quickly and getting the                    come up with a broader solution for                    again on the floor of the Senate that
                                             therapies up, let’s at least provide the                COVID–19, let’s at least do this. Let’s                healthcare isn’t political; it is personal
                                             administration with some funding in                     say to the administration: We want                     for each one of us. It is personal. Jus-
                                             the Disaster Relief Fund so they can                    you to continue this program that is                   tice Ginsburg understood that in her
                                             continue to respond to need.                            now in place. The States know how it                   bones. As a person who had experienced
                                               Let’s also provide them that funding                  operates. The States have been imple-                  her own health challenges and health




ctelli on DSK30NT082PROD with SENATE
                                             because they need it for natural disas-                 menting it.                                            challenges in her family, she knew that
                                             ters. What do I mean by that? Well, the                   My home State of Ohio has provided                   when a beloved spouse is diagnosed
                                             other thing that has happened in the                    funding to people through this. We are                 with cancer or a child with a fever
                                             last 6 weeks, as you probably noticed,                  appreciative of it.                                    needs to go to the emergency room,
                                             is that we have had a lot of natural dis-                 Our proposal is very straightforward.                politics is the last thing on their
                                             asters in the West with fires and in the                It simply appropriates $86.6 billion to                minds.



                                       VerDate Sep 11 2014   05:30 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00024   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.040   S23SEPT1
                                             September 23, 2020                                CONGRESSIONAL RECORD — SENATE                                                                 S5819
                                               When people tell me their healthcare                  moms     and     dads,   grandmas     and              made their voices known and were ac-
                                             stories, they don’t start by telling me                 grandpas, brothers and sisters, children               tively engaged in saying what was im-
                                             whether they are a Democrat or a Re-                    and friends. Even though some have                     portant to them and their families.
                                             publican. That is because when it                       survived COVID–19, they may be left                      It is easy to throw up our hands and
                                             comes to healthcare and the health of                   with long-term health issues, from                     give in and let the sadness and feelings
                                             our families, it simply doesn’t matter.                 heart damage to breathing difficulties,                of loss for Justice Ginsburg and all of
                                               People in Michigan just want to                       to neurological problems, which, as I                  the frustrations and chaos and the suf-
                                             know that if they or their loved ones                   said before, creates preexisting condi-                fering take over all of us, but RBG
                                             get sick or are hurt, they are going to                 tions.                                                 would never let that happen. If she
                                             be able to take them to the doctor and                    This is not the time to be ripping                   were here right now, she would say: No,
                                             get the healthcare they need. Unfortu-                  healthcare away from American fami-                    no, no. This is the moment to focus and
                                             nately, with the loss of Justice Gins-                  lies. There is never a good time but                   engage and to fight even harder.
                                             burg, Michigan families and families                    certainly not now. Yet that is exactly                   When, as a Harvard Law student, she
                                             all across the country have an extra                    the scenario we could be facing.                       was asked by the dean why she felt en-
                                             reason to be very concerned right now.                    As Justice Ginsburg said, ‘‘Health                   titled to take a slot that otherwise
                                               One week after the election—just 1                    care is not like a vegetable or other                  would have gone to a man, she didn’t
                                             week after the election—the Supreme                     items one is at liberty to buy or not to               let that faze her. When she struggled to
                                             Court will hear arguments in the case                   buy.’’ When a Michigan single mom                      land a job after graduation, she took to
                                             that could overturn the Affordable                      discovers a lump and finds out that she                teaching at Rutgers School of Law and
                                             Care Act, overturn everything, all of                   has breast cancer, she can’t just hope                 hid her second pregnancy under baggy
                                             the protections—including, of course,                   it will go away. When a Michigan sen-                  clothes until her contract was renewed.
                                             the preexisting conditions coverage—                    ior with diabetes needs insulin, he                    She later challenged the New Jersey
                                             all of it. By the way, the President of                 can’t just wait for a big sale and stock               law that forced pregnant teachers to
                                             the United States, Donald Trump, has                    up when the price is right. When a                     quit their jobs. When she was diag-
                                             weighed in and is in favor of having                    child spikes a high fever in the middle                nosed with cancer for the first time in
                                             that happen.                                            of the night, her parents can’t just tell              1999, she fought back and kept on fight-
                                               Everything is at stake, including                     her: Well, you know, the money is                      ing for more than 20 years.
                                             coverage for 17 million people through                  tight right now, so you are going to                     It is time now for all of us to fight,
                                             the expansion of Medicaid, where min-                   have to wait to see a doctor. That is                  all of us who care about our freedoms
                                             imum-wage workers right now in                          the horror for all of us as parents, that              and our very way of life in this coun-
                                             States like Michigan that have ex-                      our child will get sick and we won’t be                try. It is time to fight like our beloved
                                             panded Medicaid no longer have to pick                  able to take them to the doctor.                       RBG, like she did everyday of her life
                                             between minimum-wage jobs and not                         Healthcare isn’t political; it is per-               for us.
                                             working and having healthcare. It is so                 sonal. It isn’t about policy; it is about                Justice Ginsburg once said this:
                                             important.                                              people—people. It is about the people                  ‘‘Fight for the things that you care
                                               Also at stake is the ability for chil-                in our States who sent us here to fight                about, but do it in a way that will lead
                                             dren to remain on their parents’ health                 on their behalf.                                       others to join you.’’ I am asking the
                                             plans until age 26, which has trans-                      I sincerely hope that by the time the                American people right now to join us
                                             formed so many families’ opportunities                  Senate votes on the next Supreme                       in this fight. This is not a done deal. It
                                             and young people’s opportunities, and                   Court Justice—if, unfortunately, it                    is not over, and we all as Senators will
                                             coverage for preventive services like                   comes before the people have their say                 be held accountable for what we do.
                                             cancer screening and maternity care.                    about who should be making that nom-                     Call your Senators, write emails and
                                               Prior to the Affordable Care Act, you                 ination and confirming that appoint-                   letters, talk to your friends and neigh-
                                             had to get extra coverage for mater-                    ment—if that is going to be rushed                     bors, and let them know what is at
                                             nity care. It wasn’t viewed as basic. It                through, jammed through by this Sen-                   stake—from healthcare and reproduc-
                                             was basic for me when I was having my                   ate, I hope there will be four U.S. Sen-               tive rights for women to protecting our
                                             children, and for women across the                      ators on the other side of the aisle who               air and clean water, to the capacity to
                                             country, it is pretty basic. It wasn’t                  will have the courage to stand up for                  be able to collectively bargain for
                                             viewed as basic, essential care. It now                 the people who need healthcare—and,                    wages and safety and benefits, to vot-
                                             is under the Affordable Care Act.                       frankly, that is all of us.                            ing rights and civil rights. We can go
                                               Also at risk are mental health care                     One thing I do know for sure is that                 on and on. It is all on the line right
                                             and treatment for substance use dis-                    the American people are courageous.                    now. We need to step up and fight and
                                             orders, lower prescription drug prices                  Time and again, they have called us                    not assume anything is a done deal. We
                                             for seniors, and protections for people                 and written letters and have even come                 need to hold our Republican colleagues
                                             with preexisting conditions.                            to DC to make their voices heard.                      accountable.
                                               It is estimated that about half of                    From the amazing Little Lobbyists to                     Don’t let them get away with taking
                                             Michigan families include someone                       ALS warrior Ady Barkan, to my friend                   healthcare away from millions of peo-
                                             with a preexisting condition, every-                    Lauren Kovach, who fights so hard to                   ple. We did it before when we stopped
                                             thing from heart disease to asthma, to                  find a cure for Alzheimer’s disease and                the repeal of the Affordable Care Act. I
                                             high blood pressure, to cancer. Nation-                 other dementias, these folks would                     think we have to fight now to do the
                                             wide, we are talking about 130 million                  probably rather be spending their time                 same thing and vote like your life and
                                             people. How many more people now,                       doing something else, but they under-                  the lives of your family depend on it,
                                             after COVID–19, will have a preexisting                 stand that healthcare isn’t a luxury; it               because they actually do.
                                             condition?                                              is a necessity.                                          Justice Ginsburg dedicated her life to
                                               In other words, what happens in the                     This should not be political. It is per-             making our country more fair, more
                                             next few months—what happens in                         sonal to each and every one of us.                     free, and more just. Now is the time to
                                             terms of filling another Supreme Court                  Again and again, people across the                     continue her fight for our future, for
                                             vacancy, as well as what happens in                     country have stepped up. They have                     our children, and for our grand-
                                             the election—could have life-or-death                   gotten engaged. They have put their                    children.
                                             consequences for Michigan families and                  passion to work protecting our                           I yield the floor.
                                             families across the country.                            healthcare. Their voices and the voices                  The PRESIDING OFFICER. The Sen-
                                               In case anyone has forgotten, we are                  of millions of Americans have made                     ator from Texas.




ctelli on DSK30NT082PROD with SENATE
                                             in the middle of a once-in-a-lifetime                   the difference in this Chamber to the                           SUPREME COURT NOMINATIONS
                                             pandemic. More than 200,000 Americans                   majority in this Chamber—saying no                       Mr. CORNYN. Mr. President, as we
                                             have already lost their lives, and unfor-               to repealing the Affordable Care Act                   all know, President Trump will an-
                                             tunately that number is going up every                  and ripping healthcare away from mil-                  nounce his nominee to fill the seat va-
                                             single day. In my own State, nearly                     lions of Americans. That only hap-                     cated by the death of Justice Ruth
                                             7,000 people have lost their lives—7,000                pened because people stood up and                      Bader Ginsburg. The Senate is prepared



                                       VerDate Sep 11 2014   05:30 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00025   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.042   S23SEPT1
                                             S5820                                             CONGRESSIONAL RECORD — SENATE                                                  September 23, 2020
                                             to examine the qualifications of that                     The Senator from New York, the mi-                     Within the first 2 years of these
                                             nominee and hold a vote here on a                       nority leader himself, reportedly told                 changes, we experienced record gains in
                                             timely basis.                                           his Members on a call this weekend,                    employment and increases in house-
                                               This, of course, is set in line with the              which was reported in social media:                    hold income for families across the
                                             precedent set by Presidents and Sen-                    ‘‘Nothing is off the table.’’                          country, including Hispanic and Afri-
                                             ates that were elected long before we                     Now, mistreatment of conservative                    can-American households. New census
                                             became Members of this body or were                     nominees to the courts is nothing new,                 data paints a clear picture of just how
                                             even born, and we are prepared to fol-                  including 2 years ago, when Democrats                  strong the economy was in 2019. The
                                             low suit. There were 29 times when                      waged an all-out smear campaign                        median household income reached an
                                             there was a vacancy during the elec-                    against Justice Kavanaugh. But now,                    all-time high of $68,700. That is a 6.8-
                                             tion year where the party occupying                     even before the nominee is announced,                  percent increase over the previous
                                             the White House and the majority of                     our Democratic colleagues are taking                   year. Not only that, if you look at the
                                             the Senate were the same, and 29 times                  aim at the institution itself.                         dollar amount alone, it is almost dou-
                                             there were confirmation processes, and                    We know this isn’t the first time that               ble the next highest dollar amount in
                                             it will be the same again this year with                our colleagues have floated institu-
                                                                                                                                                            annual growth.
                                             the 30th.                                               tional changes to shift the political                    As I said, Black and Hispanic Ameri-
                                               As always, we will be thorough. As a                  tide in their favor. When they lost the                cans each experienced a higher than
                                             member of the Judiciary Committee, I                    Senate majority, they decided they                     average growth rate and historically
                                             have had the privilege of participating                 wanted to add new States. They are un-
                                                                                                                                                            low unemployment rates. Median earn-
                                             in a number of confirmation hearings                    interested in bipartisanship. So they
                                                                                                                                                            ings increased 7.8 percent for women,
                                             for Supreme Court Justices. I know                      want to end the legislative filibuster.
                                                                                                                                                            compared to 2.5 percent for men, rep-
                                             every member of the committee takes                     And now they threaten to pack the
                                                                                                                                                            resenting progress in the fight to close
                                                                                                     court with liberal Justices to give
                                             this job very seriously—our role of ad-                                                                        the pay gap.
                                                                                                     them a political outcome. They are                       The benefits of our booming market,
                                             vice and consent under the Constitu-
                                                                                                     taking the saying, ‘‘if you can’t win
                                             tion. We will not rush the process.                                                                            though, didn’t stop there. The new jobs
                                                                                                     the game, change the rules,’’ to a
                                             Every Member of this body will have                                                                            and opportunities created during this
                                                                                                     whole new level.
                                             an opportunity to vote for or against                     This isn’t just political gamesman-                  boom drew more workers who had been
                                             the nominee once the nominee is voted                   ship anymore. It is an assault on the                  on the sidelines into the labor market,
                                             out of the Judiciary Committee.                         Constitution itself, along with the in-                and the result was spectacular. The
                                               But it seems that for our friends on                                                                         poverty rate dropped to 10.5 percent,
                                                                                                     tegrity of our article III courts and our
                                             the other side of the aisle, precedent is               system of checks and balances. This                    which is the lowest since 1959. Every
                                             not enough. The prospect of another                     court-packing threat isn’t new. It pre-                population group made gains. Regard-
                                             Trump-appointed Supreme Court Jus-                      ceded the death of Justice Ginsburg in                 less of race, gender, age, disability sta-
                                             tice has mobilized our Democratic col-                  the creation of the vacancy that we                    tus, or marital status, each group expe-
                                             leagues to launch an attack that has                    will soon consider, but they are now                   rienced a decline in the poverty rate.
                                             been months in the making on our very                   trying to rebrand the reasoning behind                   Make no mistake about it. We still
                                             independent judiciary.                                  it.                                                    have a long way to go to ensure that no
                                               One of the hallmarks of our Constitu-                   Since the idea was previously viewed                 family in America lives in poverty, but
                                             tion and our democracy is an inde-                      as too radical by members of their own                 we also ought to be willing to assess
                                             pendent judiciary—an umpire, if you                     party, with even Justice Ginsburg op-                  progress when progress is made. There
                                             will—that will mediate the fight be-                    posing it, they are trying to shift the                is no doubt that our economic engine
                                             tween the executive and legislative                     blame to Republicans. By following the                 was humming and the American people
                                             branches and rule on the very constitu-                 precedent of 29 judicial confirmation                  were seeing and feeling the benefits of
                                             tionality of the laws that are passed.                  hearings occurring during an election                  our strong economy every single day.
                                             Long before this vacancy even existed,                  year and undermining or challenging                    And then, of course, the pandemic hit.
                                             though, our Democratic colleagues                       the Senate’s constitutional duty to                    Suddenly, after years of adding new
                                             were sounding the alarm, suggesting                     provide advice and consent, our Demo-                  jobs and creating economic opportuni-
                                             they would expand or pack the Su-                       cratic colleagues claim that it is we                  ties for millions of Americans, it felt
                                             preme Court with liberal Justices that                  who are responsible for an attack on                   like the gains we made were erased in
                                             will rubberstamp the political results                  democracy. They, in effect, are holding                the blink of an eye.
                                             they could not achieve through legisla-                 the Supreme Court hostage in saying:                     Through no fault of their own, busi-
                                             tion.                                                   Don’t make me kill the hostage.                        nesses were forced to close their doors
                                               During the Presidential primary this                    Democrats aren’t just trying to pre-                 to help slow the spread of the virus,
                                             year, candidates were especially eager                  vent a single conservative Justice from                and with no tables to wait on, cus-
                                             to share their vision for a larger and                  joining the Court. They are trying to                  tomers to serve, or travelers to accom-
                                             solidly liberal Supreme Court. A num-                   dismantle the very institution itself.                 modate, millions of workers were left
                                             ber of our Senate colleagues were                       The Supreme Court has had nine Jus-                    without a way to earn a living. Well-
                                             among those open to the idea, includ-                   tices for more than 150 years. As the                  meaning employers, sadly, handed
                                             ing the current Democratic candidate                    balance has shifted in many different                  their workers pink slips and said they
                                             for Vice President, the Senator from                    directions over the years, Members of                  hoped to have jobs for them to come
                                             California.                                             Congress have respectfully refrained                   back to once the pandemic was in the
                                               Over the last several months, Demo-                   from engaging in such dangerous                        rearview mirror.
                                             crats in both the House and the Senate,                 threats.                                                 Until that could happen, millions of
                                             including House Judiciary Committee                       This isn’t just about a conservative                 Americans relied on enhanced unem-
                                             Chairman JERRY NADLER, have ex-                         Justice or a liberal Justice. It is about              ployment benefits, which ended at the
                                             pressed an interest in upending the in-                 preserving one of our most basic insti-                end of July, including an extra $600 a
                                             tegrity of the Supreme Court and its                    tutions—a free and independent judici-                 week in Federal benefits. But there are
                                             role in leading the independent judicial                ary.                                                   still families across Texas struggling
                                             branch. Once the Supreme Court va-                                       ECONOMIC GROWTH                       to make ends meet, and there are
                                             cancy went from a possibility to a re-                    Mr. President, now on another mat-                   workers waiting to return to their jobs
                                             ality, these comments have now turned                   ter, by virtually any measure our econ-                with no end in sight.
                                             into threats.                                           omy was booming at the start of this                     While we have made progress against




ctelli on DSK30NT082PROD with SENATE
                                               Over the weekend, the junior Senator                  year. Successful reforms under the Tax                 the virus, we have to make progress,
                                             from Massachusetts tweeted that                         Cuts and Jobs Act allowed workers to                   too, in recovering our economy. In the
                                             ‘‘when Democrats control the Senate                     keep more of what they earned and                      beginning, restaurants and retailers
                                             in the next Congress, we must abolish                   gave job creators the freedom to create                began adding curbside service and de-
                                             the filibuster and expand the Supreme                   new economic opportunities for the                     livery to regain some income, and
                                             Court.’’                                                American people.                                       throughout most of Texas now, these



                                       VerDate Sep 11 2014   05:30 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00026   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.044   S23SEPT1
                                             September 23, 2020                                CONGRESSIONAL RECORD — SENATE                                                                   S5821
                                             businesses are able to open to 75 per-                    As we work to support our country                      The PRESIDING OFFICER. Without
                                             cent of capacity. Gladly, we are seeing                 through the recovery process, we need                  objection, it is so ordered.
                                             more and more workers returning to                      to emulate the reforms that made our                            WASHINGTON STATE WILDFIRES
                                             work and our children returning to                      booming economy a reality in the first                   Mrs. MURRAY. Madam President, I
                                             school.                                                 place. As I said, I don’t expect the road              rise to speak about three critical mat-
                                               In Texas, unemployment has steadily                   to recovery to be quick, but there are                 ters impacting families in Washington
                                             declined from a peak of 13.5 percent to                 steps that we can take to make it easi-                State and across this country today.
                                             6.8 percent in August. I think a lot of                 er.                                                      First of all, I would like to say that
                                             that progress is due to the success of                    First, we could do our job by sup-                   even though the wildfires in my State
                                             the CARES Act and, especially, the                      porting the individuals and businesses                 are being contained, thanks to the
                                             Paycheck Protection Program, which                      hit hardest by the pandemic. Time and                  skilled work of brave and dedicated
                                             sent more than $41 billion in more than                 again, our Democratic colleagues have                  firefighters, wildfires and health im-
                                             417,000 different loans to small busi-                  objected to us even considering legisla-               pacts of smoke are still creating haz-
                                             nesses in Texas alone.                                  tion to continue those important provi-                ardous conditions throughout the Pa-
                                               I am still hoping that we can come to                 sions of the CARES Act. We can take                    cific Northwest. Until we begin ad-
                                             an agreement on another coronavirus                     the government’s boot off of job cre-                  dressing the drivers of those natural
                                             relief bill that would extend the Pay-                  ator’s necks, and we can fight to bring                disasters, like climate change, we
                                             check Protection Program and provide                    jobs back that were shipped overseas                   know these crises and the suffering
                                             some enhanced level of Federal em-                      because we learned a lot about vulner-                 they bring will only continue getting
                                             ployment benefits, but those measures                   able supply chains and manufacturing                   worse.
                                             alone will not support our economic re-                 that needs to be returned to the United                            JUDICIAL NOMINATIONS
                                             covery. We know that regaining lost                     States.                                                  Secondly, I want to talk about three
                                             ground will not happen overnight. It is                   Following tax reform, millions of                    nominees under consideration for the
                                             going to take time for our country to                   new jobs were created, and Americans                   Equal Employment Opportunity Com-
                                             return to the pre-pandemic economy                      brought home more of their hard-                       mission, or the EEOC.
                                             that the President and Republican Sen-                  earned money. As a result, we reached                    One of these nominees is Jocelyn
                                             ate fought so hard to achieve.                          3.5 percent unemployment—the lowest                    Samuels. She is exactly who workers
                                               As we consider the most effective                     unemployment rate in a half a century.                 need right now. As the coronavirus
                                             ways to tune up our economic engine,                    That progress was possible because of                  continues to impact workplaces across
                                             our guiding principle should be that of                 the right policies that increased take-                the country, workers are facing un-
                                             the doctor-patient oath—the Hippo-                      home pay for workers and unleashed                     precedented challenges, and they need
                                             cratic oath: First, do no harm.                         the power of the private sector. So I                  a champion at the EEOC who will work
                                               Raising trillions of dollars in new                   have no doubt, as we rebuild our econ-                 tirelessly to defend their rights.
                                             taxes, as a number of leading Demo-                     omy, that we will do so if we continue                 Jocelyn Samuels is that champion.
                                             crats have suggested, would be coun-                    to embrace the policies that made 2019                   With almost 20 years of experience in
                                             terproductive. It wouldn’t grow the                     a banner year.                                         the Federal Government, including at
                                             economy. It would kill the economy. In                    Let me just conclude by saying that                  the EEOC itself, she has spent her ca-
                                             2009, as the Nation was fighting to re-                 we must pass another COVID–19 relief                   reer working to address discrimination
                                             cover from the 2008 recession, Presi-                   bill. Time and again, Speaker PELOSI                   and making sure no one is treated un-
                                             dent Obama was asked about the possi-                   has refused to negotiate in good faith                 fairly because of their age, their race,
                                             bility of raising taxes, and he didn’t                  to come up with a compromise. In the                   or their disability.
                                             mince words. He said: The last thing                    meantime, airlines that employ tens of                   I am confident she will be an excel-
                                             you want to do is raise taxes in the                    thousands of people in my State and                    lent Commissioner. I am proud to vote
                                             middle of a recession.                                  across the country will begin laying off               to confirm her nomination and strong-
                                               That is exactly right, but that is ex-                their employees beginning October 1.                   ly urge my Senate colleagues to join
                                             actly the opposite of what the leading                  Businesses that were sustained by the                  me in supporting her nomination.
                                             Democratic candidates, including the                    PPP program have now run out of                          Unfortunately, the other two nomi-
                                             Democratic nominee for President, are                   those funds, and they need to be re-                   nees already approved by the Senate—
                                             advocating. They are advocating for a                   plenished.                                             Andrea Lucas and Keith Sonderling—
                                             huge tax increase, even as we are hope-                   I get questions time and again about                 will likely have disastrous con-
                                             fully closer to the end of the pandemic                 the lapsing of the enhanced unemploy-                  sequences for workers’ rights. These
                                             than we are the beginning. It is just                   ment benefit that was part of the                      are two people who have spent their ca-
                                             the wrong medicine for what ails our                    CARES Act. We tried to extend that at                  reers working to protect corporations,
                                             economy, as President Obama noted.                      some reasonable level, but our Demo-                   not workers.
                                               Families, we know, are still strug-                   cratic colleagues objected, blocked it,                  As a lawyer, Andrea Lucas has never
                                             gling, workers are still hurting, and                   and stopped it.                                        defended workers. Her only legal expe-
                                             the American people need more money                       What I fear, as Chairman Powell of                   rience is defending corporations when
                                             in their paychecks, not less. We need to                the Federal Reserve and Secretary                      workers tried to fight back against sex-
                                             look at what made the 2019 economy                      Mnuchin, the Treasury Secretary, have                  ual harassment or age discrimination
                                             such a success and try to ensure that                   suggested, is that the massive stimulus                and disability discrimination. That is
                                             those changes prop us up for a strong                   that we provided, roughly $3 trillion                  exactly the opposite type of experience
                                             comeback, and I think the best place to                 through four bills that were passed on                 and values we need at the EEOC, which
                                             start is with the success of the Tax                    a bipartisan basis—that has sustained                  is why I voted against her nomination.
                                             Cuts and Jobs Act.                                      our economy and brought us to where                      Keith Sonderling’s record is no bet-
                                               After it passed almost 3 years ago, I                 we are today, even in the darkest of                   ter. During his time at the Trump ad-
                                             traveled across my State and met with                   times through this pandemic, but if we                 ministration’s Department of Labor,
                                             business owners and employees who                       leave here with our Democratic col-                    Keith Sonderling worked to churn out
                                             were reaping the immediate benefits.                    leagues having prevented us from pro-                  policies that hurt workers.
                                             Those were in the form of new hires,                    viding another COVID–19 relief bill, I                   From his joint employer rule that
                                             bonuses, raises, and 401(k) match in-                   think it guarantees nothing but pain                   lets massive corporations off the hook
                                             creases. Employees at every business of                 for the economy, American workers,                     for minimum wage, overtime, and
                                             every size were seeing the benefits of                  and American families. We should not                   equal pay violations to his initiative
                                             the Tax Cuts and Jobs Act. While some                   go down that path or tolerate it.                      that gives companies a ‘‘get out of jail




ctelli on DSK30NT082PROD with SENATE
                                             of the provisions of that law are perma-                  The PRESIDING OFFICER (Mrs.                          free’’ card for wage theft, Keith
                                             nent, others are set to expire in 2025,                 BLACKBURN). The Senator from Wash-                     Sonderling’s legacy at the DOL has
                                             and, without action, things like the                    ington.                                                made it harder for workers to fight for
                                             lower income tax rate for individuals                     Mrs. MURRAY. Madam President, I                      their rights and easier for companies to
                                             and the increased child tax credit will                 ask unanimous consent to be allowed                    abuse them. For those reasons, I op-
                                             expire.                                                 to finish my remarks.                                  posed his nomination.



                                       VerDate Sep 11 2014   05:30 Sep 24, 2020   Jkt 099060   PO 00000   Frm 00027   Fmt 4624   Sfmt 0634   E:\CR\FM\G23SE6.045   S23SEPT1
                                             S5822                                             CONGRESSIONAL RECORD — SENATE                                                          September 23, 2020
                                               Finally, right now, our Nation is fac-                part of Justice Ginsburg’s legacy and                        The senior assistant legislative clerk
                                             ing truly trying times. Two hundred                     vote for the nomination of Jocelyn                         read as follows:
                                             thousand lives have been lost to                        Samuels. Then let’s keep fighting for                                     CLOTURE MOTION
                                             COVID, millions are unemployed, and                     people’s healthcare, for protections for                     We, the undersigned Senators, in accord-
                                             we just lost a treasured American hero,                 preexisting conditions, for workers’                       ance with the provisions of rule XXII of the
                                             Justice Ruth Bader Ginsburg.                            rights,    and    voters’  rights,  and                    Standing Rules of the Senate, do hereby
                                               So much hangs in the balance now,                     LGBTQIA+ rights, and for the vision of                     move to bring to a close debate on the nomi-
                                                                                                                                                                nation of Roderick C. Young, of Virginia, to
                                             and people are already voting and orga-                 a just and equal country—a just and                        be United States District Judge for the East-
                                             nizing to make sure their healthcare,                   equal country Justice Ginsburg fought                      ern District of Virginia.
                                             their rights, and their futures are pro-                so hard to advance.                                            Mitch McConnell, Mike Braun, Mike
                                             tected in this election.                                  Thank you.                                                    Rounds, Marsha Blackburn, Todd
                                               For those nationwide who have al-                       I yield the floor.                                            Young, Cindy Hyde-Smith, Lindsey
                                             ready cast their ballots and who will                            VOTE ON HINDERAKER NOMINATION                          Graham, Marco Rubio, Tim Scott,
                                             vote in the coming weeks for the future                   The PRESIDING OFFICER. Under                                  Chuck Grassley, Kevin Cramer, Lamar
                                             of our country and to help ensure                                                                                       Alexander, Pat Roberts, John Booz-
                                                                                                     the previous order, the question is, Will
                                                                                                                                                                     man, John Cornyn, Mike Crapo, James
                                             trust—trust in our democracy—the                        the Senate advise and consent to the                            E. Risch.
                                             people must have a vote in this nomi-                   Hinderaker nomination?
                                             nation.                                                   Mr. ALEXANDER. I ask for the yeas                          The PRESIDING OFFICER. By unan-
                                               The next President should choose                                                                                 imous consent, the mandatory quorum
                                                                                                     and nays.
                                             Justice Ginsburg’s replacement as she                     The PRESIDING OFFICER. Is there a                        call has been waived.
                                                                                                                                                                  The question is, Is it the sense of the
                                             wished to spare our democracy the                       sufficient second?
                                                                                                                                                                Senate that debate on the nomination
                                             painful chaos of making such a deci-                      There appears to be a sufficient sec-
                                                                                                                                                                of Roderick C. Young, of Virginia, to be
                                             sion so close to an election.                           ond.
                                                                                                       The clerk will call the roll.                            United States District Judge for the
                                               People are speaking out, and the Sen-
                                                                                                       The bill clerk called the roll.                          Eastern District of Virginia, shall be
                                             ate must listen, as Majority Leader
                                                                                                       Mr. THUNE. The following Senators                        brought to a close?
                                             MCCONNELL insisted only a few years                                                                                  The yeas and nays are mandatory
                                             ago. But, unfortunately, it seems like                  are necessarily absent: the Senator
                                                                                                                                                                under the rule.
                                             my colleagues on the other side are                     from West Virginia (Mrs. CAPITO) and
                                                                                                                                                                  The clerk will call the roll.
                                             content to ignore these cries, just like                the Senator from Wisconsin (Mr. JOHN-                        The senior assistant legislative clerk
                                             they have neglected the cries of our                    SON).                                                      called the roll.
                                             constituents for a COVID–19 relief                        Mr. DURBIN. I announce that the                            Mr. THUNE. The following Senators
                                             package that meets this moment in-                      Senator from California (Ms. HARRIS) is                    are necessarily absent: the Senator
                                             stead of shortchanging our commu-                       necessarily absent.                                        from West Virginia (Mrs. CAPITO), the
                                             nities because nothing—nothing is                         The PRESIDING OFFICER. Are there                         Senator from Wisconsin (Mr. JOHNSON),
                                             more important than pushing through                     any other Senators in the Chamber de-                      and the Senator from Arizona (Ms.
                                             their ideological agenda to jam as                      siring to vote?                                            MCSALLY).
                                             many partisan judges on the bench as                      The result was announced—yeas 70,                          Mr. DURBIN. I announce that the
                                             possible, especially on the Supreme                     nays 27, as follows:                                       Senator from California (Ms. HARRIS) is
                                             Court, and tip the balance of our Fed-                               [Rollcall Vote No. 191 Ex.]                   necessarily absent.
                                             eral judiciary even further against ev-                                      YEAS—70                                 The PRESIDING OFFICER. Are there
                                             eryday people, packing our courts to                    Alexander          Grassley               Risch            any other Senators in the Chamber de-
                                             ensure we can’t make progress to de-                    Baldwin            Hassan                 Roberts          siring to vote?
                                                                                                     Bennet             Hirono                 Romney             The yeas and nays resulted—yeas 93,
                                             fend affordable healthcare and pre-                     Blunt              Hyde-Smith             Rosen
                                             existing conditions protections or ad-                  Booker             Inhofe
                                                                                                                                                                nays 3, as follows:
                                                                                                                                               Rubio
                                             dressing the climate crisis or strength-                Brown              Jones                  Sanders                       [Rollcall Vote No. 192 Ex.]
                                                                                                     Burr               Kaine                  Schatz                                YEAS—93
                                             ening protections for workers or doing                  Cantwell           King                   Shaheen          Alexander           Gardner        Portman
                                             anything on the critical issues that                    Cardin             Klobuchar
                                                                                                                                               Shelby           Baldwin             Gillibrand     Reed
                                             people in my home State of Wash-                        Carper             Leahy
                                                                                                                                               Sinema           Barrasso            Graham         Risch
                                                                                                     Casey              Loeffler
                                             ington and around the Nation care so                    Cassidy            Manchin                Smith            Bennet              Grassley       Roberts
                                             deeply about and that have been                         Collins            Markey                 Stabenow         Blackburn           Hassan         Romney
                                                                                                                                               Tester           Blunt               Hawley         Rosen
                                             blocked time and again by the Repub-                    Coons              McConnell
                                                                                                                                                                Booker              Heinrich       Rounds
                                                                                                     Cornyn             McSally                Tillis
                                             lican Party.                                                                                      Toomey           Boozman             Hoeven         Rubio
                                                                                                     Cortez Masto       Menendez
                                               I will be doing absolutely everything                 Crapo              Merkley                Udall            Braun               Hyde-Smith     Sanders
                                             I can to make sure everyone from                        Duckworth          Murkowski              Van Hollen       Brown               Inhofe         Sasse
                                                                                                                                                                Burr                Jones          Schatz
                                             Washington State to Washington, DC,                     Durbin             Murphy                 Warner
                                                                                                                                                                Cantwell            Kaine          Scott (FL)
                                             and my Republican colleagues here in                    Ernst              Murray                 Warren
                                                                                                     Feinstein          Perdue                                  Cardin              Kennedy        Scott (SC)
                                                                                                                                               Whitehouse
                                             Congress know just how much is at                       Fischer            Peters                 Wicker
                                                                                                                                                                Carper              King           Shaheen
                                             risk if President Trump gets to appoint                 Gillibrand         Portman                                 Casey               Klobuchar      Shelby
                                                                                                                                               Wyden            Cassidy             Lankford       Sinema
                                             another hard-right nominee an unprec-                   Graham             Reed
                                                                                                                                                                Collins             Leahy          Smith
                                             edented 41 days before a Presidential                                         NAYS—27                              Coons               Lee            Stabenow
                                             election.                                                                                                          Cornyn              Loeffler       Sullivan
                                                                                                     Barrasso           Enzi                   Paul
                                               It is truly impossible to understate                                                                             Cortez Masto        Manchin        Tester
                                                                                                     Blackburn          Gardner                Rounds
                                                                                                                                                                Cotton              Markey         Thune
                                             the consequences for families and com-                  Blumenthal         Hawley                 Sasse
                                                                                                                                                                Cramer              McConnell      Tillis
                                                                                                     Boozman            Heinrich               Schumer
                                             munities across the country now and                     Braun              Hoeven                 Scott (FL)
                                                                                                                                                                Crapo               Menendez       Toomey
                                             for generations to come. President                                                                                 Cruz                Merkley        Udall
                                                                                                     Cotton             Kennedy                Scott (SC)
                                                                                                                                                                Daines              Moran          Van Hollen
                                             Trump has made it clear he wants a                      Cramer             Lankford               Sullivan
                                                                                                                                                                Duckworth           Murkowski      Warner
                                             nominee who will gut protections for                    Cruz               Lee                    Thune
                                                                                                                                                                Durbin              Murphy         Warren
                                                                                                     Daines             Moran                  Young
                                             preexisting conditions, who will take                                                                              Enzi                Murray         Whitehouse
                                             healthcare away from millions of peo-                                     NOT VOTING—3                             Ernst               Paul           Wicker
                                                                                                                                                                Feinstein           Perdue         Wyden
                                             ple nationwide, and do everything they                  Capito             Harris                 Johnson
                                                                                                                                                                Fischer             Peters         Young
                                             can to undermine basic rights and free-                      The nomination was confirmed.                                               NAYS—3
                                             doms and protections through the                                           f




ctelli on DSK30NT082PROD with SENATE
                                                                                                                                                                Blumenthal          Hirono         Schumer
                                             Court, including crucial worker protec-
                                             tions that Justice Ginsburg, herself,                            CLOTURE MOTION                                                        NOT VOTING—4
                                             helped secure and the EEOC is tasked                      The PRESIDING OFFICER. Pursuant                          Capito              Johnson
                                             with enforcing.                                         to rule XXII, the Chair lays before the                    Harris              McSally
                                               I urge all of my colleagues to join me                Senate the pending cloture motion,                           The PRESIDING OFFICER. On this
                                             in voting today to honor an important                   which the clerk will state.                                vote, the yeas are 93, the nays are 3.



                                       VerDate Sep 11 2014   05:30 Sep 24, 2020   Jkt 099060   PO 00000    Frm 00028   Fmt 4624    Sfmt 0634     E:\CR\FM\G23SE6.047     S23SEPT1


File and source

File
CREC_crec-2020-09-23_crec-2020-09-23-pt1-pgs5810.pdf
Size
283,119 bytes
SHA-256
067ed4d709e50077e6f1e4e4664e9019d3bf6860304934cbcf6867037713ada4
Our copy
CREC_crec-2020-09-23_crec-2020-09-23-pt1-pgs5810.pdf
Original
www.govinfo.gov
Back to top