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
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“Senate Record, September 23, 2020 — Congressional Record.”
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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
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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
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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.
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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
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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
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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
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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
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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-
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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.
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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-
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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.
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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.
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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.
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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
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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
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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.
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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.
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