Congressional Record, Senate, September 30, 2020 — Nomination of Amy Coney Barrett
Summary
Page S5906 of the Senate section of the Congressional Record for September 30, 2020, in interleaved columns, headed with the nomination debate. One speaker says Democrats in 2009 raided more than $700 billion from Medicare to fund ObamaCare without a single Republican vote, and cites an executive order on preexisting conditions, which is that speaker's view. Another speaker condemns racism, anti-Semitism and groups such as the Proud Boys. Other remarks describe a new FAA tower at Piedmont Triad International Airport in Greensboro and a publicly available report on the state of adoption.
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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“Congressional Record, Senate, September 30, 2020 — Nomination of Amy Coney Barrett.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-29-crec-2020-09-29-pt2-pgs5906-2-e757085d6d/
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S5906 CONGRESSIONAL RECORD — SENATE September 30, 2020
Rather than confront the looming cri- ate Republicans worked with the House The President reaffirmed that very
sis in 2009, President Obama, Vice and Obama administration to prevent thing in his commitment in an Execu-
President Biden, and Washington disability security trust fund exhaus- tive order that he signed last week.
Democrats raided more than $700 bil- tion and even to improve the program. That Executive order states that it has
lion from the Medicare Program. They There was no privatization of any- been, and will continue to be, the pol-
didn’t do it to save Medicare; they cut thing, and the only thing that could be icy of the United States to assure that
money from a financially strapped construed as a benefit cut came di- Americans with preexisting conditions
Medicare Program and then spent that rectly from President Obama. can obtain insurance of their choice at
money on a brandnew entitlement pro- You will not hear anything about an affordable price.
gram called ObamaCare. It was the that from these Senate Democrats. In- The Democrats don’t want to stop at
Democrats who pushed ObamaCare stead, they just bring out their stale ObamaCare. What they really want to
through Congress without a single Re- talking points and, of course, scare tac- do is impose their government-run
publican vote. tics about Republicans trying to de- Medicare for All Program and take
And what do Democrats want to do if stroy the program. Now they are apply- away people’s private insurance plans
they find their way back into power? ing the same wornout, baseless scare that they like—because 160 million
They want to enact something called tactics to this Supreme Court con- people have it.
Medicare for All. Moving the 180 mil- firmation process. As I mentioned earlier, this one-size-
lion Americans with private, employer- Democrats want to make the Presi- fits-all approach would take away peo-
based insurance to the Medicare rolls dent’s nomination to fill the vacancy ple’s private insurance, result in worse
would cause Federal spending to bal- all about ObamaCare and the case the care, and bankrupt the country.
loon to unthinkable levels. Court will consider this fall.
Republicans want to strengthen
An analysis conducted by the Going to the minority leader’s own
words when it comes to Judge Barrett’s Medicare, preserve Social Security,
Mercatus Center in 2018 found that and ensure affordable private coverage
Medicare for All would increase Fed- confirmation hearing, he said: ‘‘We
must focus like a laser on health care.’’ options now as well as in the future.
eral spending by $32 trillion over the Democrats want to mislead now in
next 10-year period. This Democratic The left is misrepresenting an article
by then-Professor Barrett in hopes of hopes of future political gains.
plan would also give the Federal Gov- Americans deserve better. We can do
finding something—almost anything—
ernment more control over healthcare, better.
to gum up this confirmation process. It
impose massive tax increases on the Vice President Biden and his party
seems to me they are just frustrated
middle class, and disrupt access to should stop their shameful election-
this nominee had the audacity to sug-
services. That is why Democrats would year scare tactics. They should end the
gest judges interpret law as written.
rather mischaracterize the unavoidable There is an old saying in the legal malarkey.
impact of COVID and demonize Medi- profession: If the law isn’t on your side, It is time to have the courage to en-
care budget proposals that are often bi- pound the facts. If the facts aren’t on gage in an honest, civil conversation
partisan in nature. your side, pound the law. If neither about bipartisan ideas to improve these
Democrats used the very same dirty fact or law is on your side, just pound health and security programs for mil-
tricks related to Social Security, as I the table. lions of people who depend on them.
just talked about with Medicare. Some That is what we see yet again from f
across the aisle recently concocted a our Democratic colleagues. It is ludi-
hypothetical proposal that eliminates crous to pick one pending case and pre- RECESS
the funding source for Social Security dict how every member of the Court, Mr. GRASSLEY. Mr. President, I ask
and asked the program’s Chief Actuary including one just starting the con- unanimous consent that the Senate
to assess its impact. firmation process, would vote on that stand in recess until 2:15 p.m.
This was an obvious attempt to case, especially when entirely different The PRESIDING OFFICER (Mr.
alarm seniors and disabled Americans legal issues are at stake. Frankly, it is TOOMEY). Is there objection?
with the ultimate intent of smearing a disservice to the American people. There being no objection, the Senate,
Republicans and feeding false talking The Democrats know this, but that at 1:36 p.m., recessed until 2:15 p.m. and
points to a Democratic candidate for will not stop them. It will not stop reassembled when called to order by
President. Even when their schemes them from trying to mislead hard- the Presiding Officer (Mr. PERDUE).
and false talking points earned four working Americans into believing that
Pinocchios from even the Washington f
their healthcare coverage could dis-
Post, Democrats still proceed full appear tomorrow. CONTINUING APPROPRIATIONS
speed ahead with their misinformation It is also just the latest example of ACT, 20201 AND OTHER EXTEN-
campaign. And even though Ways and how many Democrats in Congress view SIONS ACT—Continued
Means Committee Ranking Member the Supreme Court—just somehow an-
BRADY and I got the Social Security The PRESIDING OFFICER. The Sen-
other policy end that they can’t ac-
Actuary to affirm the Democrat’s re- ator from Oklahoma.
complish through this branch of gov-
cent scheme was just a bunch of malar- NOMINATION OF AMY CONEY BARRETT
ernment, where we are now. That is not
key, the Democrats and Candidate the role of the Court. I am sure Judge Mr. LANKFORD. Mr. President, we
Biden continue with this misinforma- Barrett will reiterate that point before are once again in a conversation about
tion. the Judiciary Committee. freedom of religion and the free exer-
Again, Democrats use scare tactics in The Supreme Court will hear oral ar- cise of religion and what that means.
the runup to an election. While they guments in the case mid-November, Very simply, I would argue that it
accuse Republicans of wanting to de- and there are countless scenarios on a means the ability to have any faith, to
stroy Social Security, Senate Demo- potential outcome. So is it is useless, have no faith at all, to change your
crats do little or nothing to work in a then, to speculate. But that will not faith, and to be able to live it out.
bipartisan way to help this program. stop the Democrats from speculating The ability to have a faith is a part
Remember, in 2015, when the disability during this process of Judge Barrett’s of who we are. It is our most precious
insurance trust fund was going to run nomination. possession within us. If it is not that, if
dry, Senate Democrats demanded that The bottom line is, no matter the de- it is something less than that, if the
the only thing that you could possibly free exercise of religion has limitations
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cision, no one will lose healthcare cov-
do was to take from the retirement erage on the day the Supreme Court on it, then it is simply the freedom to
trust fund and then just simply kick issues its ruling. worship or to have a named faith
the can down the road. In the meantime, Republicans will around you but not to actually live
Senate Democrats had no interest in continue to protect individuals with your faith.
working with us to at least try to preexisting conditions and fight to give That is not what we have in this
make the disability insurance program Americans more affordable healthcare country, thankfully. We have a con-
better for beneficiaries. Instead, Sen- options. stitutionally protected right to the
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5907
free exercise of religion. We have more view—it was sent all over the coun- All 49 full-time faculty members of
than the freedom of worship at the try—about, she is not just Catholic; she Notre Dame Law School—all 49 of
place of our choosing; we have the abil- is one of those Catholics. It went into them—signed a letter stating:
ity to live our faith freely, 7 days a great detail about how she attends [Barrett] possesses in abundance all of the
week, in all aspects of our lives. Bible studies and is on a board of a other qualities that shape extraordinary ju-
The question has become, though, are school and helps educate children and rists: discipline, intellect, wisdom, impec-
there certain positions in public life seems to believe that there is a per- cable temperament, and above all, funda-
where you cannot have the free exer- mental decency and humanity.
sonal relationship with Jesus, as they
cise of religion; where, literally, if you quoted in the article, as if that were Seventy-three law professors across
are elected or appointed into certain some sort of criminal thing and needs the country, including former Obama
offices, you lose your constitutional to have some suspicion. administration Solicitor General Neal
right. It is about her faith that she is being Katyal, stated this:
The U.S. Constitution makes that challenged, this undercurrent. How- Although we have differing perspectives on
very, very clear. Article VI of the Con- ever, Justice Ginsburg was not shy the methods and conclusions in her work, we
stitution says that ‘‘no religious Test about the fact that she was Jewish— all agree that Professor Barrett’s contribu-
shall ever be required as a Qualifica- tions to legal scholarship are rigorous, fair-
nor should she have been. We have minded, respectful, and constructive.
tion for any Office or public Trust heard a lot about the fact that she was
under the United States.’’ It should be So she is criticized tenaciously be-
the longest serving Jewish Justice and
pretty straightforward and clear. cause of her faith. She is criticized be-
the first Jewish person to lie in state
In our last confirmation hearing, cause she is not woman enough, what-
then-Professor Amy Coney Barrett in the Capitol. Why is it OK for Justice
ever that may mean. She has even been
said, when asked a question about her Ginsburg to talk about her faith and
criticized this past week and called a
faith: not Judge Barrett? Why is Justice
‘‘White colonizer.’’ Two of her seven
Ginsburg’s faith celebrated and Judge
Senator, I see no conflict between having a children were adopted from Haiti. She
sincerely held faith and duties as a judge. In Barrett’s faith currently being demon-
has been accused of using her children
fact, we have many judges, both State and ized? It is because those on the left be-
as props. How low can this go?
Federal, across the country who have sin- lieve their faith is OK, but for people This is what Judge Barrett had to
cerely held religious views and still impar- on the right, it is suspicious. say about her family:
tially and honestly discharge their obliga- Even last night, Vice President Biden
tions as a judge. And were I confirmed as a The president has asked me to become the
introduced himself as an Irish Catholic. ninth justice, and as it happens I am used to
judge, I would decide cases according to rule That is celebrated on the left. But for
of law, beginning to end, and in the rare cir- being in a group of nine—my family. Our
cumstances that might ever arise—I can’t
Judge Barrett to identify herself as a family includes me; my husband, Jesse;
imagine one sitting here now—where I felt I Catholic, she is asked questioningly: Emma; Vivian; Tess; John Peter; Liam; Ju-
had some conscientious objection to the law, Yeah, but are you one of those ortho- liet; and Benjamin. Vivian and John Peter,
I would recuse. dox Catholics? as the president said, were born in Haiti, and
One of the most remembered things they came to us five years apart when they
Three years ago, like today, Judge
about Justice Ginsburg—of many—was were very young. And the most revealing
Barrett’s faith—not her judicial philos- fact about Benjamin, our youngest, is that
ophy or her temperament—seemed to her storied friendship with Justice his brothers and sisters unreservedly iden-
be front and center. Three years ago, Scalia. On paper, they would be the tify him as their favorite sibling.
my colleague from California, Senator unlikeliest of friends. She was a Jewish Our children obviously make our life very
DIANNE FEINSTEIN, said this during liberal. He was a Catholic conservative. full. While I am a judge, I’m better known
Amy Coney Barrett’s confirmation Their differences didn’t divide them or back home as a [room] parent, carpool driv-
hearing: offend each other. er, and birthday party planner. When schools
Of their friendship, Judge Barrett went remote last spring, I tried on another
Why is it that so many of us on this side
said: hat. Jesse—
have this very uncomfortable feeling that,
you know, dogma and law are two different Particularly poignant to me was her long— That is, her husband—
things, and I think whatever religion is, it and I became co-principals of the Barrett e-
The ‘‘her’’ being Justice Ginsburg— learning academy. And yes, the list of en-
has its own dogma. The law is totally dif-
ferent. And I think in your case, Professor, and deep friendship with Justice Antonin rolled students was a very long one. Our chil-
when you read your speeches, the conclusion Scalia, my own mentor. Justices Scalia and dren are my greatest joy, even though they
one draws is that the dogma lives loudly Ginsburg disagreed fiercely in print without deprive me of any reasonable amount of
within you. rancor in person. Their ability to maintain a sleep.
warm and rich friendship despite their dif-
Senator DURBIN from Illinois just ferences even inspired an opera. These two Judge Barrett has even been criti-
asked her a very straightforward ques- great Americans demonstrated that argu- cized in her faith and been criticized in
tion: ‘‘Do you consider yourself an or- ments, even about matters of great con- her relationship in her family.
thodox Catholic?’’ sequence, need not destroy affection. Judge Barrett said this about her
A question like that about the defin- There is no question that Justice husband and her family:
ing of faith and how much of a Catholic Ginsburg did a lot for the advancement I could not manage this very full life with-
are you or how much dogma lives in of women in this country. Doesn’t out the unwavering support of my husband,
you is really a question of, how much Judge Barrett also exemplify that? She
Jesse. At the start of our marriage, I imag-
faith do you really practice, do you ined that we would run our household as
is a circuit court judge. She graduated partners. As it has turned out, Jesse does far
have a name on you, or do you practice summa cum laude from Notre Dame
a little too much faith for my comfort more than his share of the work. To my cha-
Law School, first in her class. She has grin, I learned at dinner recently that my
level?
been a professor for 15 years at Notre children consider him to be the better cook.
See, the free exercise of religion per- For 21 years, Jesse has asked me every sin-
tains to an individual’s sincerely held Dame, has clerked for a Supreme Court
Justice, is the mother of seven chil- gle morning what he can do for me that day.
religious beliefs. It is not about the ac- And though I almost always say ‘‘Nothing,’’
ceptance of that belief by others. If it dren, and was three times voted as the he still finds ways to take things off my
were, the free exercise of religion top law professor at Notre Dame. plate. And that’s not because he has a lot of
would be dictated by what others be- Thirty-four Supreme Court clerks free time. He has a busy law practice. It is
lieve rather than what you believe. But who worked alongside Barrett—of all because he is a superb and generous husband,
in America—at least the America that parties—wrote this: and I am very fortunate.
We are Democrats, Republicans, and inde- Faith, her family—why are we doing
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I know—individuals are allowed to
pendents, and we have diverse points of view personal attacks on a qualified can-
have a faith, live their faith, have no
on politics, judicial philosophy, and much didate for the Supreme Court of the
faith, or change their faith. else. Yet we all write to support the nomina-
For whatever reason, Judge Amy United States? First in her class, rec-
tion of Professor Barrett to be a Circuit
Coney Barrett is being criticized be- Judge on the United States Court of Appeals ognized by the faculty as superior, rec-
cause she is Catholic. for the Seventh Circuit. Professor Barrett is ognized by judges and leaders across
There is an AP article that came out a woman of remarkable intellect and char- the country as qualified—why are we
just this week that did an in-depth acter. She is eminently qualified for the job. into this conversation?
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S5908 CONGRESSIONAL RECORD — SENATE September 30, 2020
On September 29, an article from gious views are his own private affair, nei- the hands of our businesses that put it
NPR was entitled ‘‘Amy Coney ther imposed by him upon the nation, or im- into the hands of their employees,
Barrett’s Catholicism Is Controversial posed by the nation upon him as a condition which kept tens of millions of people,
of holding that office.
But May Not Be Confirmation Issue.’’ I would not look with favor upon a presi- by some counts, on the payrolls instead
The article said: dent— of on the unemployment rolls.
Never before has the Court been so domi- History will be the judge of the long-
Or in this case, I would say a judge—
nated by one religious denomination. . . . term success of the program, for sure,
working to subvert the First Amendment’s
That is, Catholics. guarantees of religious liberty. Nor would but it is unquestionable that in the
our system of checks and balances permit short term, this program succeeded. It
‘‘It’s legitimate for senators to be con-
cerned about whether the court is reflecting him to do so. And neither do I look with is time for us now to uphold our com-
the diversity of faith in the United States.’’ favor upon those who would work to subvert mitment.
Article VI of the Constitution by requiring a America’s lenders and borrowers are
Wow. Now it is maybe we have too religious test—even by indirection—for it. If ready to take that next step, proving
many Catholics. Maybe this is one too they disagree with that safeguard, they that they have complied with the rules
many, and Senators should consider should be out openly working to repeal it. so they can receive forgiveness for
the greater diversity. As odd as it We are a nation that celebrates faith these loans.
sounds, the article didn’t identify the and recognizes faith as a unifying fac- Sadly for them, but not surprising to
fact that Amy Coney Barrett would be tor, even in diversity of faith. I have me, the forgiveness process designed by
the only Justice not to have graduated had the privilege—many of us have—to the agency is burdensome, complex,
from Harvard or Yale. There doesn’t be able to pray with each other. We are and already in need of reform. That is
seem to be a desire to have a diversity Senators of different faiths, different not just my opinion; that is the opin-
of opinion or background in that. It is backgrounds, different places. We work ion of the Government Accountability
just about this one area—her faith. to treat each other with respect. Office. They said: ‘‘Applying for loan
Imposing a religious test on a Su- Faith is not something that Ameri- forgiveness is more time consuming
preme Court Justice is not only anti- cans should demand—nor the Senate than applying for the PPP loan itself
thetical to the Constitution; it is a should demand—that people have to and requires more lender review.’’
very slippery slope, and it is one we take off to be able to serve the Amer- You see the trap that we have laid
have been down before and I thought ican people. We don’t take our faith for borrowers and lenders. We, the Fed-
we had cleared. off. It is not a jersey that we wear on eral Government, spent weeks—
In 1960—1960—then-Candidate John F. the outside; it is the core of who we are months—telling our hurting, fragile
Kennedy stood in front of a group of on the inside. That is not something small businesses: Take this money.
ministers in Houston, TX, who were that I just take off to put on public Take this money. Just use it correctly,
concerned about having a Catholic service. You put on public service, but and it will be forgiven.
President because we, as a country, your core faith should not be chal- Well, here we are. Our businesses are
had never had a Catholic President, lenged to be removed from your soul to still struggling, still facing uncer-
and there were all these rumors and be a viable person to be able to serve tainty, and the agency-prescribed solu-
innuendoes out there that the Presi- the Court. tion appears to be creating a system
dent would work for the Pope. So in Let’s work on our concept of reli- more intense than any they have expe-
1960 JFK stood in Houston, TX, and gious liberty. Whether you are a Chris- rienced during this pandemic just so
spoke to a group of ministers and made tian, whether you are a Muslim, wheth- they can prove to the right people that
this statement. He said: er you are a Buddhist or a Hindu, you they didn’t use their money incor-
I believe in an America . . . where no reli- can be a great American and you can rectly. That is a problem.
gious body seeks to impose its will directly serve this great country in any loca- We have known it was going to be a
or indirectly upon the general populace or tion that you choose because we are a problem for a long time. That is why
the public acts of its officials; and where re- nation that honors and protects the we have been working for months on
ligious liberty is so indivisible that an act right of free exercise of religion. bipartisan solutions to the problems in
against one church is treated as an act I yield the floor. this bipartisan program. Over the sum-
against all. The PRESIDING OFFICER. The Sen- mer, Senator MENENDEZ and I brought
For while this year it may be a Catholic ator from North Dakota. together a bipartisan coalition and in-
against whom the finger of suspicion is UNANIMOUS CONSENT REQUEST—S. 4117 troduced the Paycheck Protection
pointed, in other years it has been, and may
Mr. CRAMER. Mr. President, 6 Small Business Forgiveness Act. Here
someday be again, a Jew—or a Quaker or a
Unitarian or a Baptist. It was Virginia’s har- months ago, our Nation’s small busi- is what it does. Of those 5 million PPP
assment of Baptist preachers, for example, nesses faced an existential crisis and recipients, 4.2 million had loans of
that helped lead to Jefferson’s statute of re- unprecedented threat. Like the rest of $150,000 or less. Remember, they could
ligious freedom. us, they didn’t truly know what this borrow up to $10 million. They account
Today I may be the victim, but tomorrow virus was, how hard it would hit us, for around $132 billion of the PPP funds
it may be you—until the whole fabric of our how long it would last, or what the fu- that we have spent. Think about that:
harmonious society is ripped at a time of ture would hold. But they did know 4.2 million of the 5 million—so 86 per-
great national peril. that their businesses were preparing to cent of the borrowers—account for $132
JFK said this: close, that employees were being told billion of the $571 billion that we have
Finally, I believe in an America where reli- to stay home, and they needed help, spent. That is only 27 percent. So what
gious intolerance will someday end; where which is why I and every other col- we did was separate the 86 percent of
all men and all churches are treated as league in this Chamber passed the the loans, which account for 27 percent
equal; where every man has the same right CARES Act and created the Paycheck of the money, and said that if bor-
to attend or not attend the church of his
Protection Program. rowers—small businesses—complete a
choice; where there is no Catholic vote, no
We gave money to the administra- simple, one-page forgiveness document
anti-Catholic vote, no bloc voting of any
kind; and where Catholics, Protestants, and tion, which, in turn, gave that money to the lender—our banks, our credit
Jews, at both the lay and pastoral level, will to lenders, and those lenders, in turn, unions—the loan will be forgiven. It is
refrain from those attitudes of disdain and loaned that money to small businesses that simple.
division which have so often marred their to use for employee retention. If they It eliminates the anxiety being felt
works in the past, and promote instead the followed the rules, they were told they by our businesses. It puts account-
American ideal of brotherhood.
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wouldn’t have to return the money. ability on the borrowers and frees up
[This] is the kind of America . . . I believe That was the commitment we made to enforcement efforts to focus on the 14
[in]. And it represents the kind of presidency
them while we strongly encouraged percent of the PPP recipients who took
in which I believe—a great office that must
neither be humbled by making it the instru- them—I emphasize ‘‘strongly encour- 73 percent of the funds. If this seems to
ment of any one religious group, nor tar- aged them’’—to use the program, and it be obvious common sense, it is because
nished by arbitrarily withholding its occu- worked. it is.
pancy from the members of any one religious We had nearly 5 million PPP loans Congress isn’t known for working
group. I believe in a president whose reli- worth $571 billion out the door and into well together; I know that. But, here, a
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5909
Republican from North Dakota has The House took its action to help ac- small businesses to be able to operate
teamed up with a Democrat from New complish these goals last May when effectively. The House bill provides a
Jersey to find a plan that works for they passed the Heroes Act. To this separate amount of funds so that the
Members from Arizona to Alabama, date, the Republican leader, Senator local governments can directly help
from North Carolina to Nebraska. MCCONNELL, has not allowed us to take small businesses. That is not included
Nearly one-third of the Senate—with up the comprehensive legislation that in the unanimous consent request.
Members from both parties—has signed will help our country, help deal with We can approve the 7(a) Loan Pro-
onto our bill. the virus, help our economy, and help gram, 504 Loan Program, and
What has happened since? The Pre- small businesses. Microloan Program. They are in the
siding Officer knows as well as anybody Just today, Speaker PELOSI has up- House bill, not in the unanimous con-
that our friends blocked us from con- dated the Heroes Act because it has sent request.
sidering a new relief package just a been over 4 months since it was passed We have all heard from our live
couple of weeks ago. Many of the provi- so that we now have a Heroes Act that venue operators. They need help. They
sions of our bipartisan bill were in that is within the range between what the are going to close if we don’t do some-
package. Many bipartisan plans from Republican Senators originally sug- thing to help them. It is our responsi-
all Senators were in it, but politics pre- gested and the Democrats originally bility to do that. It is in the Heroes
vailed, and we came up short. That suggested. That is moving toward a bi- Act. It is not in the unanimous consent
happens around here. partisan bill. That is what we need. request.
Just because our total package was In the Heroes Act, there are so many We need to expand the employee re-
blocked doesn’t mean our small busi- provisions that are desperately needed tention tax credit, which allows work-
nesses and lenders who gave them PPP for small business that are not in this ers to be retained by small businesses.
funds don’t still need relief. That is unanimous consent request. Let me This was expanded in the Heroes Act,
what we have heard from our commu- point out a few. but it is not in the unanimous consent
nities and hundreds of association lead- We need a second round of PPP. Busi- request.
ers from all across the country. On nesses have suffered significant rev- I could go on and on about all of the
their behalf—on behalf of the small enue losses. The hardest hit, the small- provisions that we need to take up now
businesses that need help and the lend- er of the small businesses need more that are necessary to help small busi-
ers we encouraged to help them—I am help. The PPP program is designed for nesses. If we wait until after the elec-
going to ask for unanimous consent to an 8-week pandemic. This pandemic tions, more small businesses will be
pass S. 4117. has gone long beyond 8 weeks. shuttered forever. That is the No. 1 pri-
Mr. President, I ask unanimous con- The House legislation includes re- ority of small businesses.
sent that the Committee on Small sources for mission lenders, such as We also find that we need to help in
Business be discharged from further CDFIs and depository institutions. I regard to streamlining the process of
consideration of S. 4117 and the Senate mention that because we have found loan forgiveness. I agree with my col-
proceed to its immediate consider- that when you rely on the 7(a) commer- league. I agree that we need to simplify
ation; further, that the Johnson cial loans in order to get forgivable that process. I have had my arguments
amendment at the desk be considered loans, those who are traditionally un- with the Small Business Administra-
and agreed to, the bill, as amended, be derserved are not able to get the same tion and so have those who have over-
considered read a third time and type of attention—minority businesses, sight in the executive branch. We know
passed, and the motion to reconsider be what they did to the EIDL Program.
women-owned businesses, businesses in
considered made and laid upon the They didn’t administer it the way we
rural areas. We need to pay special at-
table with no intervening action or de- said—3 days to process grants. They
tention to providing additional re-
bate. didn’t do that. They didn’t give us the
The PRESIDING OFFICER. Is there sources and allocations to mission
lenders. That is not included in the data we needed so we could understand
objection?
unanimous consent request. the program. So why do we have con-
The Senator from Maryland.
Mr. CARDIN. Reserving the right to We need to expand PPP eligibility. fidence that, under the Senator’s unan-
object, I want to thank my friend Sen- We have heard from our nonprofits imous consent request, he will do the
ator CRAMER for bringing attention to that were left out of the first round. right form? You give them the author-
this issue. I think he knows that the They need to be included. Local news- ity to issue the form, and I am not ex-
PPP program was included in the papers were not included. Previously actly sure that will work.
CARES Act. I take great pride in work- incarcerated individuals were denied Here is the good news. We want to do
ing with Senator RUBIO—Republican certain help. The House legislation— something in this area because the
and Democrat—and other members of the Heroes Act—makes those changes Senator is right in that we need to
our committee. so that all eligible small businesses streamline the process. The SBA is not
We were the architects of the PPP would be able to qualify for these doing it the way we intended it to be
program. It was bipartisan. It was in- loans. done. The House took action, but the
cluded in the CARES Act, and it was The Economic Injury Disaster Loan House’s action is a little bit different.
enacted in March. It is very interesting Program, EIDL, is desperately in need The House has said: Look, for those
that if we would have gone with the of congressional attention. We have bi- loans under $50,000, why don’t we do it
original bill that came out of the Re- partisan support for significantly in- without any paper. Let them retain the
publicans, it would not have been a bi- creasing the resources going into the records, but let’s eliminate any possi-
partisan bill, and much of the help for EIDL Program—Senator CORNYN, Sen- bility of the SBA’s delaying the loan
small businesses would not have been ator ROSEN—so that we could replenish forgiveness. I think that is one we
there in the CARES Act. It is only the grants and provide the grants that should look at, but we can’t do that if
through bipartisan legislation that we are desperately needed for small busi- we are to let this unanimous consent
were able to advance the types of tools nesses. go forward.
that are necessary to help America’s We can eliminate that $150,000 arbi- Lastly, this consent also deals with
small businesses. trary cap that was put on by the Small safe harbor for the PPP lenders. It
I must tell you, the No. 1 priority Business Administration, which is con- would provide safe harbor from claims
today for small businesses is to safely trary to law. We need to make it clear under the Small Business Act, the
be able to resume full operations. They that the loans could be made up to $2 False Claims Act, the Financial Insti-
SSpencer on DSK126QN23PROD with SENATE
need it to be safe for parents and their million under the EIDL Program. tutions Reform, Recovery, and En-
children to be able to get back to We need to help State and local gov- forcement Act, the Federal Deposit In-
school. They need us to get this virus ernments. That is in the Heroes Act. It surance Act, and the Bank Secrecy
under control, so businesses that de- is not in the unanimous consent that is Act, or any other Federal, State or
pend on large gatherings—such as food being suggested. We have to help State criminal or civil law regulations. I
service, hospitality, events, travel, and and local governments because their think we should look at that before we
tourism—can literally survive. services are critically important for just, all of a sudden, agree that we
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S5910 CONGRESSIONAL RECORD — SENATE September 30, 2020
should give that type of blanket safe The PRESIDING OFFICER. The Sen- portfolio with the same sort of sam-
harbor. ator from North Carolina. pling that the IRS does to make sure
Small businesses need help now. My Mr. TILLIS. Mr. President, I thank there is not any fraud or abuse and to
colleague is correct. They need help Senator CRAMER and my colleague Sen- make sure people are held accountable.
now, but they need help far broader— ator ROUNDS from North Dakota. If Senator CARDIN really wants to get
far broader—than this unanimous con- North Carolina’s businesses are to the work of the next Paycheck Pro-
sent takes us. There is also a need for struggling. I heard Senator CARDIN and tection Program, let’s lay the ground-
negotiations in regard to the provi- am sympathetic to most of what he work and clear the plumbing so we
sions that the Senator has brought to said. Yet, as I have traveled across the may call on the Small Business Admin-
the floor. I can assure him that I will State—and I have had 65 telephone istration, which is in the process of hir-
continue to work with Senator RUBIO townhalls since COVID started and ing 1,200 people just to deal with loan
in a bipartisan manner once we get the have talked with citizens in North forgiveness. The banks that want to
numbers from the powers that be—they Carolina for an hour, spending 55 min- provide more loans need to clear their
being the Speaker of the House, the utes hearing from them and answering backlogs so they will have the capacity
Secretary of the Treasury, the admin- their questions—I know we have a very to do it as fast as possible.
istration, and our leaders. difficult problem in North Carolina and Senator CARDIN is right in that we
As we did under the CARES Act, we across the country. I just talked with a have a lot more to do. This is a step in
will put together a comprehensive pro- hotel and lodging association and a res- a long journey. Yet, in doing this for-
gram to help all small businesses, not taurant association a few weeks ago. giveness program—the measure that
just those that are struggling right They said we have 18,000 restaurants in Senator CARDIN objected to—we would
now with this form but those that can’t have the opportunity to take a straw
North Carolina, and 9,000 of them are
even get the loan because they were off the camel’s back. We have to do
at risk of closing permanently.
not eligible but should have been eligi- When we passed the CARES Act, we something. We continue following up
ble or those that need additional help on the CARES Act, but I am very dis-
knew we had to do something big, bold,
or those that need the EIDL Program appointed that we have gotten where
and fast, and I think everyone at the
to work well or a microloan. We want we are in this Chamber when every-
Small Business Administration and in
to provide that comprehensive help body knows this is good legislation.
the banking industry mobilized to do
now—this week—for small businesses, We should do it, but they are turning
but this unanimous consent just does something that was unprecedented.
They got that money out and into the their backs on businesses. Unfortu-
not get us there. nately, I think it is going to result in
The commitment to my colleague is hands of businesses.
The program is called the Paycheck more people being on unemployment
that we are going to work with him and more businesses closing. I will
and our other colleagues, as we always Protection Program for a reason. We
were doing everything we could to work as hard as I can with Senator
do, and that we are going to include CRAMER and Senator ROUNDS and other
the provision to make it easier for make sure that those businesses that
were willing could make payroll—could Members to get this done.
small businesses to get loan forgive- I yield the floor.
ness because we agree that the SBA keep people on their benefits, could
The PRESIDING OFFICER. The Sen-
has not interpreted our law the way we keep people on their healthcare—and
ator from South Dakota.
wanted it to. could weather the storm while closures Mr. ROUNDS. Mr. President, first of
For all of those reasons, I object. were going on all across this country. all, let me thank my colleague from
The PRESIDING OFFICER. Objec- They were closing down businesses or, North Dakota for making this presen-
tion is heard. certainly, dramatically reducing their tation to begin with and my colleague
The Senator from North Dakota. business. from North Carolina for supporting
Mr. CRAMER. Mr. President, I appre- Thank goodness for the brave busi- him in this action. We appreciate the
ciate Senator CARDIN’s commitment to nesses that stepped up and applied for comments the Senator from Maryland
work together. We are all committed Paycheck Protection Program loans, has made, but we, most certainly, dis-
to that as well. and thank goodness for the banks that
I do struggle a little bit when the agree with the approach he is sug-
were willing to underwrite them while gesting.
reasons to oppose something are all of we were still, really, working the rules Senator CRAMER has suggested that
the things that aren’t in it. Sure, there out—literally building the cars as they
is not support for State or local gov- we have a very serious problem here
were rolling down the road. They that has to be addressed. This is some-
ernments. There is not a new EIDL should be commended for what they
Program or a reformed PPP program thing that does not affect just Repub-
have done. lican businesses. It affects all busi-
or a microloan program or tax credits. This measure is a simple measure.
Of course, tax credits are under a whole nesses. You are talking about 4.2 mil-
We know that more than 85 percent of lion small businesses across the United
different jurisdiction. There is not nu- all of the loans that were underwritten
clear modernization, and there is not States that are being impacted by this
under the Paycheck Protection Pro- that have borrowed money in good
unemployment insurance. There are gram were under $150,000, and we know
lots of things that aren’t in it. Yet pol- faith and that have kept their busi-
that they were small businesses. Yet nesses open. Now, surprisingly, when it
itics is the art of the possible, and
we have a lot of paperwork that these comes time for the forgiveness portion
around here, big packages become very
businesses are going to have to do, and of this to occur, we have a very chal-
difficult, and politics gets in the way.
I was hoping we could find an incre- small businesses interacting with the lenging process put in place—a burden-
ment to help small businesses in a sig- Federal Government on four or five oc- some process—that could only have
nificant way that, frankly, wouldn’t casions before the loan is forgiven is a been done with the common sense
cost the government anything but, in daunting task when you are still trying found in Washington, DC, not in the
fact, might save it some money in its to figure out how you can make payroll rest of the country. To make the appli-
just not hiring another large bureauc- and how you can keep your business cation more difficult for one to get for-
racy. going. giveness than the actual application to
I look forward to working with the Then you have the banking industry participate in the program in the first
Senator. I appreciate his work on the that we rely on for moving all of this place is simply absurd.
CARES Act and the PPP and his work capital out there and making sure that Let me share with you a message
payrolls can be met and want to be pre- from one of our bank executives in
SSpencer on DSK126QN23PROD with SENATE
with Chairman RUBIO and SUSAN COL-
LINS in creating this program. I am pared for the next tranche of CARES South Dakota. He is a rather promi-
just disappointed that we couldn’t get Act Paycheck Protection Program nent CEO in South Dakota. I share
it across the finish line today, but I loans. Yet we are going to tie them up with you that I have cleaned this up a
hope we can soon. over paperwork with these small busi- little bit and will paraphrase his quote
I yield the floor as I know that a cou- ness loans that we can forgive? It is to us after we asked him for informa-
ple of my colleagues want to speak on not like we are turning a blind eye to tion concerning how the banks will try
the same topic. compliance. We will look at that loan to handle this.
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5911
Remember, the banks didn’t have to Senator CRAMER from North Dakota The Democratic Senators are calling
participate in this, but they did so, in has proposed. I hope that our col- on their colleagues to pack the Court—
a way, to literally get money out in a leagues on both sides of the aisle will to add two more liberal, activist Jus-
very short period of time to the busi- come back and start using some of that tices to the Supreme Court.
nesses that desperately needed the common sense that seems to prevail in One Senator tweeted about it this
money in order to survive. the rest of the United States even weekend. That is, of course, what they
First of all, they had open lines of though it is not always evident here in plan to do if they win the White House,
communication with the SBA literally Washington, DC. the House, and the Senate in the No-
24/7 for more than a week in their try- I yield the floor. vember elections. Now, this would de-
ing to get approval for individual appli- I suggest the absence of a quorum. liver partisan decisions that make law
cations. They helped small businesses The PRESIDING OFFICER. The but don’t apply the law.
actually fill out the applications in the clerk will call the roll. Now, for Vice President Biden in the
first place. Second of all, these banks The senior assistant legislative clerk Presidential debate last night, he re-
will become responsible for these loans, proceeded to call the roll. fused to answer a specific, direct ques-
and unless they are forgiven, they will Mr. BARRASSO. Mr. President, I ask tion about this very topic. He refused
stay with the banks. unanimous consent that the order for to reject a position that Democrats are
If we are successful in coming to an the quorum call be rescinded. holding that is highly unpopular and
agreement on additional loans being The PRESIDING OFFICER. Without highly divisive.
made in the future, how in the world objection, it is so ordered. And now adding members to the Su-
can we expect these banks to get back NOMINATION OF AMY CONEY BARRETT preme Court—you know who said that
in if we can’t even follow up on our Mr. BARRASSO. Mr. President, I was a bad idea? Well, it was Ruth
agreement that we would make this a come to the floor today to discuss the Bader Ginsburg. She said nine members
simple process to get the loans forgiven President’s historic choice for the U.S. is the right number; that it works.
in the first tranche that we have com- Supreme Court. The President has People shouldn’t try to add to that. It
pleted? nominated Judge Amy Coney Barrett would be seen as partisan, political.
Let me share with you what this CEO of the Seventh Circuit Court of Ap- And, of course, that number has been
writes. This has to do with his version peals. She would fill the vacancy left in place since 1869.
of what is going on. We have literally by the passing of Ruth Bader Ginsburg. Last year, in an interview, she said
received dozens of these types of com- This is a powerful and positive ap- that nine was the right number. So this
ments from bank loan officers in the pointment by President Trump. Judge isn’t something she said a long time
Upper Midwest, particularly in South Barrett is a brilliant jurist. She has a ago. It was just last year in an inter-
Dakota. I will paraphrase because, as I stellar record, and she has a solid char- view with National Public Radio.
say, we had to clean this up a little bit. acter. She will serve as a role model for Democrats aren’t going to listen to
The forgiveness piece of the PPP is a dis- an entire generation in the legal pro- her. Senior Democrats appear deter-
aster. I have 750 loans out of 1,381 that are fession. mined to remake the Senate and de-
under $20,000 and 50 that are under $2,000. She has already been vetted by the stroy the Supreme Court in the proc-
They have, basically, the same forgiveness Senate. She was vetted and received bi- ess.
process as the loans of my largest borrower, partisan support when she was con- The radical left sees Judge Barrett
which is for over $4 million. So we are asking firmed 3 years ago to her current court simply as collateral damage. She is an
them to fill out the same paperwork as we do
position. Well, that is the definition of obstacle to be overcome, no matter the
a large loan recipient.
‘‘highly qualified.’’ cost. That is why she is being attacked
He goes on to write: She embodies the qualities the Amer- for her faith—for being an active mem-
The simplified version of the PPP loan for- ican people want in a Justice. Now, the ber of her church, for participating
giveness application program is not that American people want fair Justices. fully.
simple. The Government Accountability Of-
They want Justices who know that She is being attacked as a mother,
fice has studied it and has said that it takes
a borrower 15 hours to complete and the their job is to apply the law, not legis- being attacked for her religious beliefs.
lender 75 hours to process. late from the bench. The far left, in their haste to attack
Let me say that again. It takes 15 That is what people in my home the judge, never mention that she has
hours for the loan borrower to actually State of Wyoming talked about this seven children. Now, two of those seven
do the paperwork and 75 hours to proc- past weekend, when I was visiting at children were adopted from Haiti. One
ess it. home with the people of Wyoming. of her children has special needs. Judge
They want Judge Barrett, and she is Barrett is a full-time caregiver, as well
Our borrowers are not happy nor are we as
bankers. This is not what we signed up for in
committed, through her time in the as a public servant. She understands
order to get disaster payments to our cus- legal profession and on the bench, to the importance of healthcare. She un-
tomers. We are trying to hold off the small these very values. derstands how precious life is. She is
businesses that borrowed under $150,000, but So here in the Senate, in this body, an outstanding nominee.
they are getting anxious. We as lenders bust- we have a job to do, and it is to offer Two years ago, we considered an-
ed our tails to get this money out, and we advice and consent. other nominee for the Supreme Court.
are getting absolutely hosed by this process. We will hold fair hearings, and we Democrats dragged him through the
I might add that this is not the word will hold a timely floor vote on Judge mud. We witnessed a gangland char-
he used. Barrett’s nomination. acter assassination. I wouldn’t be sur-
Lenders feel as though they have really My colleagues on the other side of prised if we see the same thing happen
been let down. There is more than a little fa- the aisle don’t seem to feel the same again, and the far left is already de-
tigue with the entire PPP loan forgiveness way about this process. In fact, they manding it.
process. have already announced their opposi- They are demanding that mud con-
If we used any kind of common sense tion to the nominee—regardless of how tinue to be thrown at this nominee
like they have in the Upper Midwest, qualified this nominee is who is before until it sticks—something, anything to
we would have fixed this thing already. us, regardless of the vacancy that ex- undermine her character and to under-
Unfortunately, it is in the middle of a ists on the Court, regardless of the mine her credibility.
political process in Washington, DC, spectacle that the American people saw Now, I might remind my friends what
and 4.2 million small businesses hang 2 years ago with the confirmation of the outcome of that seek-and-destroy
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in the balance. Their ability to take Judge Kavanaugh. mission was the last time. Justice
care of a loan—that we had committed The Senate minority leader has made Kavanaugh’s family was put through
would be forgiven if they were to follow his position clear. He appears to be so the meat grinder, and Republicans
through—is now in jeopardy. Time is disturbed by the prospect of a constitu- stood by him. He was confirmed by the
running out. tional jurist on the bench that he is Senate and sits on the Supreme Court.
I appreciate the opportunity, once willing to upend the core institutions The Senate and the American people
again, to support the legislation that of our Nation. will not stand for more political gains.
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S5912 CONGRESSIONAL RECORD — SENATE September 30, 2020
We will not accept the dirty tricks that hid the truth about how deadly the Well, another challenge to the Af-
the far left is going to continue to try virus is and how it spreads. fordable Care Act is going to be back
to pull. This is personal to me. When the up before the Supreme Court just 1
Chairman LINDSEY GRAHAM has President was telling the American week after the election on November
promised a fair process in the Judici- people that this was all going to go 10. Do you think that has anything to
ary Committee. The majority leader away; that it was going to go away by do with this rush to a Justice? Is that
has indicated full and fair consider- Easter, at the same time that he knew, what it is? Because it is right after the
ation on the Senate floor. We will not we now know, that it was deadly; that election.
yield an inch to the mob. he knew that it was airborne, when my Otherwise, why wouldn’t you wait?
Let me be even clearer. If Democrats family was just trying to wash off all See who wins the election. That is
continue to smear this outstanding of the counters and wash your hands, what Abraham Lincoln did—the only
nominee, this mother of seven, this which is still a good idea, but we time in history a Justice died this
woman of faith, it is going to backfire thought that would be the way to keep close to an election. He waited to see
on them again. They continue such ourselves safe, this President didn’t who won.
stunts at their own peril. share that information. But, no, we are told this has to hap-
After the Kavanaugh confirmation And my husband, early on, got very, pen now, despite the fact that only a
devolved into a circus, Democrats lost very sick from the virus. He ended up few years ago a completely different
seats in the Senate, and they lost in the hospital with severe pneumonia precedent was set by the majority of
credibility with the public. and on oxygen. So, for me, it is per- people who are serving in this Senate
The American people expect fairness. sonal. But guess what. It is personal to right now on the Republican side of the
They demand it for the highest Court nearly everyone in America because aisle.
in the land, and Senate Republicans they know someone—a friend, a family But what is coming up November 10?
will ensure it. We will ensure Judge member who has died or who has got- The case. The Affordable Care Act or,
Barrett is fairly treated. She deserves ten sick. as they like to call it, ObamaCare. I al-
dignity and respect, and we will ensure Now, in my husband’s case, thanks to ways love that President Obama was
that she is heard. the brave frontline workers and the more than happy to adopt the name for
Amy Coney Barrett appears to have nurses and the hospital and the doc- the bill, given that the bill has become
all the qualities I look for in a Su- tors, and thanks to the fluke—it is just more and more popular, given that it
preme Court Justice. She is a model of serendipity if people are able to survive has helped hundreds of thousands of
integrity, intelligence, and of judicial this or not, depending on how hard-hit people to get insurance, given that it
independence. She is highly qualified they are. Our story isn’t unique, and has helped, more than that, millions of
for the role to which she is nominated, many other people who went to the people to not be kicked off their insur-
and she will receive a fair vote in the hospital didn’t come home, and we now ance.
U.S. Senate. know this has inordinately hit front-
I yield the floor. You don’t have to be in one of those
line workers and inordinately hit peo-
The PRESIDING OFFICER (Mr. COT- exchanges to be protected by the Af-
ple of color.
TON). The Senator from Minnesota. So here we are, so many months later fordable Care Act, which basically says
and well over 100 days after the House that if you have a preexisting condi-
HEALTHCARE
first passed the Heroes Act—legislation tion, whether it is diabetes, Alz-
Ms. KLOBUCHAR. Mr. President, I
to provide true funding for testing, heimer’s, or cancer, that you cannot be
am here today to make clear what is at
help State and local governments go kicked off of your health insurance.
stake if the Supreme Court overturns
through this time, to make sure our That applies to everyone in America,
the Affordable Care Act in the middle
elections are safe during this pan- with that bill.
of this global pandemic.
This is something the Trump admin- demic—and still we wait. There are people in the Senate, right
istration has been trying for, for years. And while I am encouraged that here, who have been trying to repeal
It came out of a case in Texas, and Speaker PELOSI is, once again, negoti- the Affordable Care Act—trying to do
they brought it all the way now to the ating after she and Senator SCHUMER it for years. They had a big debate over
U.S. Supreme Court. had met with the White House, met it. That didn’t work. That didn’t work
It has been over 9 months since the with the majority leader of this Sen- because John McCain walked in. I can
United States had its first confirmed ate, offered to go halfway, that was re- still picture him right now walking in
case of the coronavirus. Now we have jected, and still people kept dying. I that door and saying no. All he would
over 7 million cases and, tragically, think something like 800 businesses say was that he wasn’t going to deny
over 200,000 people have died. closed a day. Hundreds of people are healthcare coverage to people because
It has been 9 months but still we do dying a day. he had it himself.
not have a national testing strategy in So now they are at it again. Speaker So then they tried again—went down
place—something that would not only PELOSI is coming up with a new plan to Texas and found a court down there
save lives but also would be a great that is significantly less funding but maybe that they thought would be
help in having the ability to open our one that we hope has a glimmer of helpful. And guess what. Then it gets
economy again. hope. But this has not been a priority struck down there—not just a part of
We don’t have sufficient contact in this place. it. They said no, no, no. They made it
tracing or clear guidance to schools Instead, the plan is to spend the next the whole thing. That is what is com-
and businesses of how to keep their few weeks jamming through a nominee ing up to the Supreme Court on No-
students, employees, and customers to the Supreme Court. What is the vember 10. So if you can’t get your way
safe. rush? Why not focus on working to- one way, the administration decided
Nearly 30 million people are out of gether to help the American people get they were going to try it in court. It is
work, and today many are still strug- through this pandemic? Why not focus their lawyers—their lawyers—who ar-
gling to pay their rent and put food on on getting a bunch of the bills done gued this, Donald Trump’s lawyers.
the table for their families. that have been sitting on the majority They have been trying to get rid of
Millions of kids are sometimes going leader’s desk, like the Violence the Affordable Care Act and the protec-
to school in hybrid models—in for a few Against Women Act? That is sitting tions it provides for people with pre-
days, out of a few days. They are learn- there. Why not take some action on existing conditions for years, but have
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ing to use Zoom. First graders—one of climate change? That is sitting there we seen an alternative plan from this
my staff members in Minnesota, her as the fires are blazing on the west President? No, we have not.
first grade daughter is learning the coast. Why not do something about That last time, when we saw that ef-
mute and unmute button. pharmaceutical prices—something the fort by my colleagues to repeal the
But instead of being honest with the President has claimed to be trying to healthcare law, it would have kicked 11
American people about how serious do something about in the last month million people off of Medicaid, it would
this was, we have had a President who of his administration. have let insurance companies charge
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5913
people more if they got sick, and it in- Before the ACA—and I remember this My daughter is now 23 years old, and she is
cluded an age tax, where an older per- because we debated it in this very the definition of a preexisting condition. She
son could have been charged five times Chamber—43 States allowed insurers to is still on our health plan, but we are already
looking at the time in about 2 years when
more than a younger person. charge higher premiums to people with
that will no longer be possible. Although she
That was the plan we saw before. preexisting conditions. We can’t go is at least feeling well enough to begin the
That plan was opposed by every major back to that. job search again, there is no security for any
group you trust when it comes to your Without the Affordable Care Act, of us without the existence of the Affordable
healthcare, the largest groups of doc- health insurance exchanges, and the Care Act as an option should she not have
tors, nurses, seniors, hospitals, people support for States to expand Medicaid, employer-based healthcare. She is a young
with cancer, Alzheimer’s, lung disease, it is estimated that 20 million Ameri- woman who has already gone through so
heart disease, diabetes. They said it cans would lose their insurance. much in these short years. There are enough
was the worst bill for the people of this The ability to keep your kid on your unknowns. Please continue—
country. insurance plan until they are 26 years This is her writing to me—
There was never even a vote on that old would be gone. How many parents to protect the Affordable Care Act so she
bill because it was so unpopular. That are using this right now in the middle knows she has healthcare.
was, of course, just months after that of this pandemic? I don’t know the President Trump last night contested
previous effort I just described where number, but I know it is a lot. the idea that 100 million Americans
John McCain walked into the Chamber The work we have done to close the have preexisting conditions. Well,
and gave the repeal of the Affordable Medicare doughnut hole coverage gap maybe he is right because most data
Care Act, which would have taken for prescription drugs would be gone. suggests that the number is 130 million
healthcare away from so many Ameri- The provisions that would help peo- Americans who have some form of pre-
cans, a big no. ple buy insurance on the healthcare ex- existing condition that, if insurance
Senator McCain believed that cour- changes would be gone in the middle of companies were allowed to, would ei-
age is not just standing by yourself, a global pandemic. ther result in rate hikes for them be-
giving a speech to an empty Chamber, Over 7 million Americans have been cause of their diagnosis, or insurance
like I happen to be doing right now, so infected by the coronavirus, and the would be made unavailable to them en-
thank you, the 10 people who are here. cases are rising. That is 7 million peo- tirely.
It is not just that. It is whether you ple who, without the Affordable Care Now, it has almost been 10 years
are willing to stand next to someone Act, could be found to have another since we lived in a world where insur-
whom you don’t always agree with for preexisting condition, and that is 7 ance companies could deny you
the betterment of this country. million people who may have recovered healthcare because of a preexisting
But that is not what we are seeing from the virus, but, as Dr. Fauci has condition or could raise your rate sim-
here. Indeed, my colleagues have not warned, they continue to struggle with ply because you are a woman. So for
been able to succeed in repealing the a range of long-term effects that re- many Americans, it is even hard to re-
healthcare law using the legislative quire comprehensive healthcare cov- member those days in which you could
process. The administration has turned erage. be discriminated against just because
to the courts. So why? Why ram this through in 2 of a childhood cancer. But those days
Let’s look at the track record. I like weeks? Is it because that case is com- are about to come back. We are lit-
looking at evidence, as a former pros- ing up—if you read the President’s erally months away, if President
ecutor. Even before he was elected, the tweets, it makes you think it has a lot Trump is successful in ramming
President promised that his judicial to do with it—or is it because of the al- through this Supreme Court nominee,
appointment ‘‘will do the right thing’’ ternative theory he has put out there from insurance companies once again
and overturn the Affordable Care Act. that he wants to make sure the Su- being able to deny coverage to anybody
He has criticized the sitting Chief Jus- preme Court is in place in order to de- they want based upon their gender,
tice, Justice Roberts, for upholding the cide the election result? Neither of based upon their medical history, based
law when it was last before the Court. those theories is a reason to jam upon their prior diagnosis.
Just days ago he said on Twitter that through a nominee, and my colleagues This isn’t hyperbole because I have
it would be a ‘‘big win’’ if the Supreme know it. been in the Congress long enough to
Court strikes down the health law. I know that the people of this coun- know two things. One, Republicans will
Now, with Americans already voting, try see through this raw use of polit- stop at nothing in order to repeal the
the President is trying to jam through ical power. They know their healthcare Affordable Care Act, and we will talk
a nominee who has already voiced seri- is on the line. They know it is on the this afternoon about what that means
ous opposition to upholding the Afford- line. They know our environment is on beyond the 130 million Americans who
able Care Act. The same year that this the line. That is why they are voting. will have their rates increased. But I
nominee became a judge—that would They are voting in droves. They are know something else as well, which is
be in 2017; she was confirmed in Octo- voting as we speak. They are casting that there is no replacement. There is
ber—she published an article with the ballots with each and every second we nothing coming from the Republican
University of Minnesota Law School stand here in this Chamber. majority in the Senate or from this ad-
Journal—a pretty good journal—writ- I yield the floor. ministration to replace the Affordable
ing that she believed Chief Justice The PRESIDING OFFICER. The Sen- Care Act. Do you know why I know
Roberts—this was her criticism of the ator from Connecticut. that? Because I have been waiting for
Chief Justice—‘‘pushed the Affordable Mr. MURPHY. Mr. President, Wendy the replacement for a decade, and it
Care Act beyond its plausible meaning is a constituent of mine from Stanford, has never shown up because it never
to save the statute.’’ CT, and she tells a story that is going will.
If President Trump’s nominee is con- to sound incredibly familiar to folks Republicans tried to repeal the Af-
firmed before oral arguments on No- who have been part of this healthcare fordable Care Act here the first year of
vember 10, yes, she could easily cast debate over the last 10 years in this the President’s term. A lot of people
the deciding vote to strike down the Chamber. She said: said it was a foregone conclusion—of
law in its entirety. The American peo- When my daughter was 15, she was diag- course, after having pledged to repeal
ple know what that will mean to them. nosed with a type of bone cancer and under- the Affordable Care Act for 5 years, Re-
To start, protection for people with went a year of treatment. We were hopeful publicans now, with control of the Sen-
SSpencer on DSK126QN23PROD with SENATE
preexisting conditions like diabetes or that she was cured, but exactly 1 year ago— ate and the House and the White
asthma would be gone. More than 100 it was 2 months after she graduated from House, will of course make good on
college and was about to move across the
million Americans have a preexisting their promise. Of course, we know how
country to begin her career when she under-
condition, and the Affordable Care Act went a routine checkup and found out that that turned out. They couldn’t because
makes sure they cannot be denied in- the cancer had returned. The past year has the American people rose up. Phone
surance coverage or charged signifi- included more chemo, surgery, and lines lit up, townhall meetings ex-
cantly higher premiums. immunotherapy. ploded, and Republicans in the end
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S5914 CONGRESSIONAL RECORD — SENATE September 30, 2020
could not find the votes, even with ma- But then, all those people with pre- the American healthcare system, and
jorities in both Houses and control of existing conditions—and, remember, every single Senator who votes to con-
the White House, to repeal the Afford- we now have a new preexisting condi- firm Amy Coney Barrett to the Su-
able Care Act. tion. That is COVID. What we are preme Court, I believe, is voting to
Well, then, Republicans said, let’s learning about COVID–19 is very, very take insurance away from over 20 mil-
find another way. If we can’t use the worrying. Researchers have observed lion Americans, voting to render
most democratic process—legislation— changes to the heart, the vascular sys- COVID a preexisting condition that re-
in order to repeal the Affordable Care tem, the lungs, the brain, the kidneys quires you to pay more for healthcare
Act, then let’s go to the courts. in those who have gotten sick, and for the rest of your life, and going back
So Republican attorneys general filed even in many people who are asymp- to the days in which any preexisting
a lawsuit seeking to overturn the en- tomatic. In fact, there is a study out condition could cause you to lose your
tirety of the Affordable Care Act on a there right now that Dr. Fauci noted health insurance and then lose every-
legal premise that most mainstream before the HELP Committee recently thing that you have saved up over dec-
scholars thought had no shot, but they that shows 70 to 80 percent of people ades and decades.
weren’t counting on this President who have had COVID have some lasting Betty Burger is one of those people,
being able to pack the Court with damage to their heart. COVID is a pre- and I will finish with her story. Betty
enough extreme, rightwing jurists to existing condition. Burger had good insurance through her
accept the flawed argument. So the Now, you may think, I haven’t had husband her entire life. He changed
President started by putting Neil COVID, so I am not at risk of that pre- jobs, and he had about a week’s period
Gorsuch on the Court. He continued existing condition causing my rates to of time in which he didn’t have a job in
with Brett Kavanaugh. Now, one vote go up if Amy Coney Barrett gets con- between those two jobs and did not
away from being able to overturn the firmed to the Court. Well, you don’t have healthcare. During that week, one
Affordable Care Act, he now has a know if you have had COVID or not, of their kids was diagnosed with can-
chance, with the nomination of Amy and let me tell you that insurance cer, and it became a preexisting condi-
Coney Barrett, to finally get what he companies are not going to play dumb. tion, such that the husband’s employ-
couldn’t get done in the elected branch If they are allowed to discriminate er’s healthcare plan wouldn’t cover it,
of American government—the full re- against you because you have COVID, and the Burgers lost everything—ev-
peal and elimination of the Affordable then they are going to require you to erything. They went bankrupt. They
Care Act with nothing to replace it. prove that you haven’t had it before went through their savings. They went
It is not hyperbole because there is you get a policy. Millions and millions through the college fund. They lost
literally that case that I described get- of Americans are going to have their their house. They lost everything.
ting ready for argument before the Su- rates increased or be denied healthcare It has been a decade since any Amer-
preme Court a week after election day. at all because they had COVID, wheth- ican has had to face that kind of finan-
So guess why it is so important that we er they were asymptomatic or sympto- cial ruin because of a diagnosis for
confirm a Justice before election day— matic. That, in and of itself, is a them or their child. It is hard for us to
because they need the votes to invali- healthcare crisis in this country. remember those days, but they are
date the Affordable Care Act shortly So the stakes of this debate over the coming back. They are coming back—I
after the election occurs, and it be- nomination of this new Supreme Court tell you this now—if this Supreme
comes a little bit harder if that Justice Justice couldn’t be higher. Senator Court Justice is rammed through over
is not there to hear the arguments in KLOBUCHAR talked about the fact that the course of the next month.
mid-November. this Supreme Court may decide the I yield the floor.
Take Republicans at their word: outcome of this election, and that is a The PRESIDING OFFICER. The Sen-
They want the Affordable Care Act subject that we should explore at a dif- ator from New Hampshire.
gone. Take Republicans at their word: ferent time. But 1 week after the elec- Mrs. SHAHEEN. Mr. President, I join
They don’t have a replacement. tion, the Court will hear a case asking my colleague in coming to the floor to
It will be a humanitarian catastrophe for the invalidation of the entire Af- talk about what is at stake as the Sen-
in this country, in the middle of a pan- fordable Care Act. Republicans in the ate considers who will fill the Supreme
demic—a pandemic that is killing 1,000 Senate and the White House have no Court vacancy left by the passing of
people a day; 44,000 new infections that plan to replace it, and if that case is Justice Ginsburg.
we know of on a daily basis—if 23 mil- successful, 23 million people are at risk Justice Ginsburg was not only an ex-
lion Americans lose access to insur- of losing their health insurance: 11 mil- traordinary legal mind, but she was an
ance. lion who are on the exchanges; 12 mil- unwavering advocate for equality
Remember, this lawsuit doesn’t ask lion who are covered by Medicaid; 133 under the law. I believe she epitomized
for the Affordable Care Act to be elimi- million Americans, roughly half of what we should seek in any Supreme
nated in pieces or over time; the rem- America’s population under the age of Court Justice: a respect for the rule of
edy it seeks is the Affordable Care Act 65, could have their rates increase be- law coupled with an understanding
gone, all of it, overnight. There are 23 cause of preexisting conditions; 2 mil- that our Constitution was designed to
million Americans who rely on that lion young people under the age of 26 protect the rights of the many, not just
and 260,000 in my State—the equivalent could be kicked off their parents’ the few.
of 62 different towns in my State alone health insurance; and 9 million people Unfortunately, President Trump and
losing their health insurance. who receive Federal subsidies, tax my colleagues across the aisle are
Don’t think that States are going to credits, to buy private insurance would doing a disservice to Justice Ginsburg’s
be able to pick up the pieces here. A lot lose that coverage. legacy by attempting to rush through a
of these folks are on Medicaid. Theo- In the midst of a global pandemic, a nominee when the election is already
retically, States could decide to pick COVID diagnosis would possibly render underway. And that is not being dra-
up the bill themselves, but they can’t you ineligible for insurance. That is a matic. The fact is, we have 31 States,
because the President has forced States nightmare—a nightmare on top of the including my home State of New
to foot the lion’s share of the bill for pandemic nightmare that we are living Hampshire, that have already begun
fighting COVID because of the failure through currently. distributing their absentee ballots. In
to stand up a national response. So So we are on the floor today to make fact, I was at a UPS distribution center
States have no money lying around in sure that our Senate Republican col- in the city of Dover yesterday—actu-
SSpencer on DSK126QN23PROD with SENATE
order to make up for all the people who leagues don’t distract the American ally it was on Monday—and I talked to
are going to lose Medicaid access. public, don’t try to create controver- several people there who showed me
There are 23 million people who can sies around this nomination that don’t their absentee ballots because they had
lose their insurance, potentially by the exist, and don’t try to put words in filled them out, and they were getting
end of the year or early next year, if Democrats’ mouths. Listen to what we ready to mail them.
this Justice gets confirmed to the are saying. What we are saying is that So voting is already underway, and
Court. this nomination is about the future of this is no ordinary election. It comes
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5915
during a global pandemic, when cities healthcare but also for their childcare to approve a comprehensive funding relief
and towns are struggling to stay afloat benefits. package to support our businesses.
and Americans are trying to figure out They shared that they have concerns They go on to say:
how they are going to continue to pay with the lack of availability of testing Although we—and our members—are grate-
the rent and put food on the table. capability. They have had orders that ful for the support already allocated through
With more than 200,000 Americans, in- never arrived at their facility, despite previous CARES Act funding relief packages,
commitments from the companies who we know this economic crisis caused by
cluding 439 Granite Staters who have COVID–19 is far from over. And for many, the
died from COVID–19, we are still expe- are selling the tests. worst is yet to come.
riencing as many as 40,000 new cases But the leadership and the staff at
They finally conclude by saying:
each day in this country. St. Joseph remain committed to serv-
It is clear that without another round of
Our economy is struggling to get ing their community, as do all of the
assistance, many businesses will not survive
back on its feet. There are still 11.5 hospitals across New Hampshire, so into 2021.
million fewer workers employed since many of whom are facing similar finan-
I ask unanimous consent that these
the pandemic began, and many are un- cial difficulties and need additional
letters, including the ones I just quoted
able to go back to work because the help from the Federal Government. from, be printed in the RECORD.
majority of our childcare centers re- I am hearing from people across my There being no objection, the mate-
main closed out of safety concerns. We State who urgently need Federal help. rial was ordered to be printed in the
still have so many schools, at least in I have had letters from people all RECORD, as follows:
New Hampshire, where the students are across New Hampshire, representing
NEW HAMPSHIRE COALITION AGAINST
working from home. If they are lucky, different industries in the State and DOMESTIC & SEXUAL VIOLENCE,
they are going to school part time and different segments of our communities. September 18, 2020.
working from home part time, but I want to read an excerpt from a letter Hon. JEANNE SHAHEEN,
most of them are not back in school that I received from Pamela Keilig, U.S. Senate,
full time. who works with the New Hampshire Washington, DC.
Treatment and recovery centers are Coalition Against Domestic Violence. DEAR SENATOR SHAHEEN: On behalf of the
reporting that the overdose crisis has She says: New Hampshire Coalition Against Domestic
and Sexual Violence and our 13 member pro-
worsened because of the pandemic. In The pandemic has had grave consequences grams, we are writing with the urgent re-
New Hampshire, where we saw in 2019 on the health and safety of survivors as they quest for additional COVID–19 relief funding
for the first time in a number of years encounter ongoing barriers to accessing the to meet the continued and escalated needs of
the overdose death rate began to fall, support they need. . . . Overall, the state- survivors of domestic and sexual violence in
wide hotlines have seen a 7 percent increase
we are now seeing an increase again. our state. Such funding is imperative to fur-
in call volume compared to this time last ther the life-saving work of our crisis cen-
We are also facing a looming eviction year.
crisis and housing shortage that has ters, keep the lights on in our shelters, and
Pamela’s letter goes on to highlight help prevent violence in our communities.
been exacerbated by COVID–19. Over the last 6 months we have witnessed
Yet, given this reality, what we are what is at stake if Congress refuses to
act. She says: the full impact and extent of the pandemic
seeing in the Senate is not an effort to unfold before us, and it is has become in-
pass a bipartisan COVID–19 relief pack- [P]rolonged inaction in providing addi-
creasingly evident that we have transitioned
tional funding places survivors and their
age that is actually going to help the into a sustained crisis in New Hampshire,
families in increased jeopardy. . . . [T]he
millions who have been impacted by time to intervene is now.
where every intersection of our work has
this pandemic. Instead, what we are been interrupted. Annually, our member pro-
They need help now. grams serve more than 15,000 survivors
seeing from the Republican leadership
I also want to read a letter from through prevention education, court and
here is a focus on quickly ramming
Chris Coates, who is the county admin- hospital accompaniment, crisis counseling,
through a nominee to serve on the Su-
istrator for Cheshire County in New and housing support. Crisis centers have
preme Court in just a few short weeks. worked tirelessly to adapt service delivery
Hampshire over in the western part of
While that is going on, we have seen and transform their advocacy efforts under
our State that borders Vermont.
Republican leadership in the Senate incredible circumstances. Despite the resil-
Chris’s letter describes the important
blocking bipartisan negotiations on a ience and innovation of crisis centers, long-
role local governments are playing in term support is needed to maintain the work
COVID–19 relief bill. That has been
mitigating the spread of COVID–19. He and respond effectively to the needs of sur-
going on since May, when we received
says: vivors and their families.
the House bill called the Heroes Act.
We are providing essential support and The pandemic has had grave consequences
During those last 4 months, businesses on the health and safety of survivors as they
guidance to small businesses, record num-
have been shuttered in New Hampshire bers of unemployed individuals, and those encounter ongoing barriers to accessing the
and across this country; families have suffering from mental illness and substance support they need, while simultaneously ex-
been evicted; hospitals have laid off abuse disorders. periencing more severe and lethal cases of
staff. All of this is going on while the State and local leaders like Chris are violence and abuse. Crisis centers remain in-
pandemic continues—more than 40,000 undated with service demands as abusers
facing severe budgetary shortfalls. continue to utilize new ways to leverage
new cases a day. They desperately need help from Con-
Yesterday, I was in Nashua, the sec- power and control, noting an increase in
gress. The State of New Hampshire calls from Child Advocacy Centers, male sur-
ond largest city in New Hampshire, and alone expects to experience a budget vivors of domestic violence, and individuals
I met with leadership from St. Joseph shortfall of nearly $540 million if Con- experiencing mental health crises. Overall,
Hospital there. It is one of two hos- gress doesn’t provide additional sup- the statewide hotlines have seen a 7 percent
pitals in Nashua, and it is one of the port. increase in call volume compared to last
four hospitals that has treated the In his letter Chris Coates goes on to year. Moreover, victims of domestic violence
most COVID cases of any of the hos- and sexual assault have a higher vulner-
say:
pitals in New Hampshire. Nashua is one ability to homelessness, substance abuse,
Cheshire County is not looking for a spe- and poverty compared to the general popu-
of the communities in New Hampshire cial handout. My request reflects the simple lation, requiring a greater number of inter-
that has been hardest hit by the reality that county governments, along with ventions.
coronavirus. our state and local partners, are dealing with New Hampshire’s housing crisis has made
What I heard at the hospital was that immense challenges at the community level. it increasingly difficult to place survivors in
COVID–19 has had a huge impact on Then I also heard from the Seacoast transitional or permanent housing, and this
their facility. Despite the very much has been exacerbated since March. In 2019,
SSpencer on DSK126QN23PROD with SENATE
Chamber Alliance, which represents
needed injection of funds from the chambers of commerce in the commu- well before a global pandemic was on our
CARES Act and assistance from the radar, crisis centers provided shelter for over
nities of Hampton, Exeter, Ports-
Medicare advance payments loan pro- 400 survivors, accounting for more than
mouth, Dover, Somersworth, and Roch- 40,000 bed nights, and even then, had to turn
gram, they are still forecasting signifi- ester. The Chamber Alliance says: away more than 3,000 adult and child sur-
cant losses. They have had to furlough The Seacoast Chamber Alliance respect- vivors due to the lack of available services.
employees, many of whom rely on their fully requests you and your colleagues in the Advocates have reported an increased need
jobs at St. Joseph not just for their Senate work together in a bipartisan effort for housing support, as survivors experience
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S5916 CONGRESSIONAL RECORD — SENATE September 30, 2020
job loss and threat of homelessness due to vi- customers to the area and help to support economy. With our physical distance,
olence at home. Most shelters across the numerous other businesses such as retailers though, our places in the economy have
state have remained at capacity since the and service-oriented businesses. The loss of evaporated. In the absence of the PPP loan
start of the pandemic, utilizing hotels to restaurants will create a ripple effect that program, it seems doubtful that our organi-
house additional victims, often for extended will be catastrophic to downtown business zation would have been able to cover our
stays lasting several weeks at a time. Crisis districts resulting in the closing of many payroll costs this summer, and our prospects
centers remain deeply concerned about the other small businesses, loss of jobs and are looking increasingly dim if the federal
consequences of not having enough housing empty buildings. government does not provide additional
support, especially as we move into winter. Although hospitality businesses are facing funding to ensure the sustainability of essen-
Despite added efforts to help domestic vio- an urgent need due to the change of season, tial community organizations like ours. Cul-
lence and stalking victims access the legal many other businesses are still in need of as- tural and historic nonprofits are key to the
system, there has been a severe decrease in sistance as well. Supply chain delays, slower local tourism economy, and to the economy
the number of protective orders filed com- mail and shipping services and lower cus- of the region. We urge New Hampshire’s leg-
pared to last year. In a state where over 50 tomer spending are resulting in businesses islators to support additional federal support
percent of Lethality Assessment screenings seeing lower revenues and higher costs for for our community, and our economy.
represent high risk of fatality, and where do- materials across all sectors. A great many of From a Catering Company: Our challenges
mestic violence is a factor in nearly half of our businesses are not able to operate at full lie in people not being able to gather. Limits
all homicides, there is an essential need to capacity and are furloughing employees as a on indoor get-togethers and events are our
ensure that survivors are able to access result. main difficulty. Our corporate catering ac-
every resource available to them, and re- Feedback from some of our members is counts have all but dried up due to people
ceive the support needed to navigate the below. It is clear that without another round working remotely and not going into their
legal system during a public health crisis. of assistance, many businesses will not sur- offices. Our wedding business is about half of
The continued challenges that survivors vive into 2021. Please urge the Senate to vote what it was last year and that will all end in
face in accessing vital services cannot be on a bipartisan bill and send the relief need- early November. Previous events that we had
overstated; prolonged inaction in providing ed to ensure our business community’s sur- scheduled, like being an in house caterer for
additional funding places survivors and their vival. a private club in Portsmouth, will not be
families in increased jeopardy. At the onset Thank you for your consideration. gathering and thus a loss of over $45,000 for
of the pandemic, crisis centers quickly iden- JOHN NYHAN, the winter season. We have come up with
tified the immediate loss of funding due to President, Hampton some creative ways to bring in revenue but
COVID–19 as annual fundraisers had to be Area Chamber of we will likely fall far short of the $20,000 we
cancelled. It is projected that the total loss Commerce. need monthly for occupancy and to pay our
of revenue for all 13 member programs will JENNIFER WHEELER, full-time staff. When we discuss our outlook
be over one million dollars. This has required President, Exeter Area for the next 6 months, it’s looking for ways
member programs to tap into unrestricted Chamber of Com- to survive that next 6 months. It will be very
funding in order to meet the increased serv- merce. challenging and will likely cause us to go
ice demands and needs of survivors, leaving VALERIE ROCHON, further into debt to maintain everything. ca-
crisis centers with limited funding to cover Chief Collaborator, tering service and function hall.
basic operating costs. Crisis center staff have Chamber Collabo- From a History Museum/Attraction: The
been running an endless marathon over the rative of Greater museum’s fiscal year ends on March 31st—we
last six months and are in great need for Portsmouth. project a $180,000 operating deficit. Up to this
Congress to rally behind them. MARGARET JOYCE, point we have been able to keep year-round
As we continue to acknowledge the full im- President, Greater staff [27] fully employed and a reasonable
pact of COVID–19 on our field, we would be Dover Chamber of amount of programming, mostly focused on
exceedingly grateful for further federal fund- Commerce. serving the schools. To reduce costs we hired
ing to help us weather this storm. Centering ALLISON ST. LAURENT, far fewer seasonal employees [last year we
the needs and experiences of survivors in fu- Executive Director, had about 65 part-time seasonal staff, this
ture relief packages would be instrumental The Falls Chamber year a dozen.] Looking to 2021—I anticipate
to the individuals that crisis centers serve of Commerce. that we will continue to run a significant
throughout the country. Survivors will feel LAURA RING, deficit. This may result in some furloughing
the impact of this pandemic on their lives President, Greater of some staff and reduction in programs, es-
for months to come; the time to intervene is Rochester Chamber pecially special events that draw such large
now. of Commerce. crowds to the city. No matter if the pan-
Thank you for your continued dedication demic is under control with a vaccine or bet-
FEEDBACK FROM MEMBERS ter treatments, tourism will be down and
to supporting survivors in New Hampshire,
and throughout the United States. From a small independent restaurant: philanthropy will be depleted for the most
Sincerely, Most people are getting to a point that even part because of donor fatigue and signifi-
PAMELA KEILIG, if congress needs to piecemeal a deal, we cantly reduced funds. I think 2021 will be
Public Policy Specialist. need to get some funding. Those parts of the much harder for tourist—based businesses
package that everyone agrees upon should be and cultural organizations. Unless there is a
SEPTEMBER 22, 2020. funded, leaving aside that which is conten- significant change, older and middle age peo-
Senator JEANNE SHAHEEN, tious. MUST be funded now. To hold up the ple [a major part of our audience] will not
U.S. Senate, funding to small business, while the other travel in great numbers because of reduced
Washington, DC. funding is being debated, isn’t helping any- funds or their reluctance to spend because of
DEAR SENATOR SHAHEEN: The Seacoast one at all. Could help many small businesses the fluctuating economy.
Chamber Alliance respectfully requests that by getting the funding out as quickly as pos- From a 501(c)(6) Membership Art Associa-
you and your colleagues in the Senate work sible. At the end of the day, stop holding out tion: As a non-profit organization, we really
together in a bipartisan effort to approve a for everything, agree on common ground, get need all the help we can get to stay in exist-
comprehensive funding relief package to sup- it done, and get the funds out to those who ence. As an art oriented organization, we are
port our businesses. desperately need it. finding it extremely challenging to get
Although we—and our members—are grate- From a downtown Retail & Commercial grants and do other fund raising because
ful for the support already allocated through Real Estate: I’m concerned that the level of much of the money available in grants,
previous CARES Act funding relief packages, additional funding that Sen. Shaheen is sup- (other than the governor’s main street
we know this economic crisis caused by porting may be more than necessary for funds), and from individuals, seems to be
COVID–19 is far from over. And for many, the most circumstances and, more importantly, prioritized to more social oriented non-prof-
worst is yet to come. will certainly add even more to the huge its—such as food banks, homeless shelters,
As we head into the winter months, many debt that we are already leaving on the etc. We certainly realize these are very im-
are seeing continued declines in business shoulders of the younger generations. I sug- portant at this time, but we also have to
over concerns about a surge in coronavirus gest that they stop holding out to get every- have the ability for other nonprofits to get
cases during what is typically the season for thing, but get SOMETHING—those things funding assistance. We have had to reinvent
flu and other illnesses. they agree upon now—so our businesses can the way we do business by moving more of it
SSpencer on DSK126QN23PROD with SENATE
Our restaurants and hospitality industry stay in business. They can argue about the online, which has meant increased staff
in particular are seeing a lack of consumer contentious items later, which may or may costs, and software expenditures so things
confidence in dining indoors. Restaurants not happen. remain a challenge for us.
are often ‘destination businesses’ that at- From a Historic Museum: By our inter- From an Amusement Attraction: Thank
tract patrons not just to their own business actions, based here at the historic museum, you for spearheadng this. I have to tell you,
but serve as an attraction for other busi- on common interests in our past and our cul- this may be the most important battle we
nesses located nearby. Downtown business tural heritage, we have played a significant have had to wage collectively. This is the
districts rely heavily on restaurants to bring part in creating and maintaining a vibrant first time I’ve stopped and put what we are
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September 30, 2020 CONGRESSIONAL RECORD — SENATE S5917
dealing with and what it could very well COVID–19 pandemic, and as we move closer who have lost their jobs—instead of
mean for my family and our business into to 2021 with so many unknown fiscal reali- providing more resources for them, the
words. The result? I cried for an hour. Please ties, I was extremely disappointed that the majority is hoping to confirm a nomi-
fight for us. new supplemental aid package being consid-
From a Cultural/Tourist destination: We nee who would strike down healthcare
ered in the U.S. Senate left out new fiscal re-
were closed for our 2020 season (this weekend lief or flexibility for county governments. coverage for people, including those
would have been our closing weekend!). This As you look to the next stimulus or with preexisting conditions.
resulted in the loss of over $3 million in in- CARES Act funding, I urge you to work with My colleague from Connecticut, Sen-
come, and while we were able to reduce our the White House and leaders of both parties ator MURPHY, was very eloquent in
expenses by $1.7 million, we still face a mas- in the House and Senate to resume negotia- talking about what the impact of strik-
sive challenge this year, and uncertainty tions on a bipartisan relief package that pro- ing down the Affordable Care Act will
about the status of our 2021 season. We did vides this missing direct, flexible aid to
receive both a PPP loan (which we antici-
be. But the fundamental concern is
counties, cities and towns. With national that, instead of working together here
pate will be fully forgiven) and a NERF numbers showing that last week that 1.7 mil-
grant, which made a big difference for us— to help Americans who are struggling
lion Americans filed new jobless and unem-
but even this amazing support (totaling over ployment claims, we now stand with 30 mil-
with this pandemic, what the majority
$800K!) didn’t cover our losses for this fiscal lion Americans out of work. has chosen to do, what the Republicans
year. However, nobody knows what is going If a new stimulus agreement is not reached in this Chamber have chosen to do, is
to happen next year. We are in the process of prior to the seating of the new congress the to ram through a nominee who threat-
considering benefit reductions, furloughs, fiscal ramification could be devastating. ens to erode these fundamental rights
and possibly even layoffs for early 2021, de- Counties could be looking at tax payments
pending on what happens. If an effective vac- while in the Court.
from towns and cities that may be substan- Right now, Granite Staters and all
cine is widely available and administered by
tial short of normal revenues and services Americans need the Senate to work for
May or June (which is seeming less and less
that are dictated by state statute may need them, not for a partisan agenda to
likely, we will be able to open safely. Having
to be immediately reduced. A stimulus pack-
said that, we can’t wait till June to make
age that allows municipalities to utilize fed-
radicalize the Supreme Court.
tough decisions—so even if we can open, we
eral funding to offset lost revenue could ad-
I urge my colleagues on the other
need additional support in the winter side of the aisle to set aside this effort
vert what may be a pending catastrophe for
months. And if we can’t open, we need even and to work together for the American
not just Cheshire County but the country.
more support. I can’t imagine where we people to get people the help they so
Cheshire County is not looking for a spe-
would be without the PPP loan and NERF
grant this year. If a vaccine isn’t forth-
cial handout. My request reflects the simple desperately need.
coming, we could be in the exact same posi-
reality that county governments, along with Thank you.
our state and local partners, are dealing with I yield the floor.
tion next year, and would be looking for a
immense challenges at the community level. The PRESIDING OFFICER. The Sen-
similar amount of funding. Star is open to
Local governmental bodies are playing a ator from Nevada.
the public and welcomes nearly 20,000 people
significant role in mitigating the spread of
a year. We consider ourselves stewards of PRESIDENTIAL DEBATE
the COVID–19 virus. We are providing essen-
this NH treasure, we are grateful with the Ms. ROSEN. Mr. President, I rise
tial support and guidance to small busi-
funding we received in 2020, and we know today to condemn President Trump’s
that without continued support, our ability nesses, record numbers of unemployed indi-
viduals, and those suffering from mental ill- refusal to denounce White supremacy
to continue to welcome guests and protect
this important NH resource would be in jeop- nesses and substance use disorders. We re- during last night’s Presidential debate.
ardy. Senator Shaheen has been an effective main steadfast in our focus to protect our At a time when this Nation is having
advocate for our nonprofit organization (and most vulnerable residents such as at-risk a profound discussion about race—with
many others), and I am happy she is con- children and seniors. anti-Semitism rearing its ugly head
tinuing this fight. We understand the need for appropriate here in the United States and around
public accountability standards, and the
COUNTY OF CHESHIRE, the globe and the Nation being torn
September 25, 2020. oversight guardrails that are in place for the
existing and proposed legislation, and we apart over political differences—our
Hon. JEANNE SHAHEEN, leaders, particularly our President,
U.S. Senate, will meet those expectations.
Our goal is to always ensure that all fed- must call out hate in all its forms.
Washington, DC.
DEAR SENATOR SHAHEEN: I write to you eral resources are utilized wisely and respon- Last night, the President failed to
today in my position as County Adminis- sibly at the local level to address the imme- rise to the occasion, and he failed the
trator for Cheshire County to first and fore- diate and far-reaching impacts of the current American people in doing so. On the
most thank you for your leadership, guid- pandemic, and to make our nation more re- global stage in the year 2020, the leader
ance and advocacy on this seemingly never- silient and safer at the individual commu- of the free world gave an unequivocal
ending COVID–19 journey. nity level.
I therefore request, with the utmost re- wink and nod to White supremacists,
In the early days of COVID–19 your voice of
spect and gratitude for your tireless and racists, and neo-Nazis, all while the
calm reassurance allowed us to know that we
had a friend in Washington and you and your steadfast work during this pandemic, that Nation and the world looked on in ab-
staff provided us valuable guidance in the you continue to fight and advocate to your solute horror.
early days of this virus. That guidance colleagues on both sides of the aisle. Not only did the President of our
helped us deal with this tsunami of a pan- The urgency to agree upon a stimulus bill United States not condemn the White
demic that came down upon our commu- prior to the new year that will address the supremacist violence that he has in-
nities and up-ended our lives. needs of the counties, cities and towns in the cited during his tenure, he implicitly
Your leadership in Washington has helped State of New Hampshire cannot be stressed
strongly enough. The ability to access flexi-
gave them marching orders.
Cheshire County receive funding for PPE,
ble funding that allows municipal bodies to
When asked to condemn the hate
stipends for our nursing home, sheriff’s depu-
ties and Department of Corrections. We have address revenue shortfalls will strengthen all group, the Proud Boys, the President of
received funding to cover for lost revenues at of our communities, but especially Cheshire the United States said that they should
our nursing home and unemployment bene- County. ‘‘stand back and stand by.’’ Let me re-
fits for those in-need living in Cheshire Again, thank you for your voice in Wash- peat. He gave the order for them to
County. This is just a short list of the work ington, you make a difference. ‘‘stand back and stand by.’’
you have done on behalf of the citizens of CHRISTOPHER C. COATES, There is no justification for his words
Cheshire County and I thank-you. County Administrator. or for his refusal to give a clear, direct,
When Cheshire County needed you, you Mrs. SHAHEEN. So in the middle of
were there, and continue to be today. As the and swift condemnation of White su-
impact of the pandemic endures, the resi-
this pandemic, the likes of which we premacy.
dents of Cheshire County continue to feel the haven’t seen in more than 100 years, The President’s emboldening of vio-
devastating impact on our health and eco- what we see here in the Senate is that lent extremists comes just as the FBI
Majority Leader MCCONNELL has
SSpencer on DSK126QN23PROD with SENATE
nomic structures. The Delivering Immediate and Department of Homeland Security
Relief to America’s Families, Schools and prioritized moving a nominee who named White supremacist extremists
Small Businesses Act which was voted down would enable the Court to strip away as the most significant terrorism-re-
yesterday, fell short in many areas but espe- critical health protections that keep lated threat right here in the United
cially for counties due to the lack of pro-
viding direct flexible relief to counties, cities
Americans safe. States.
and towns of all sizes. Instead of providing more resources As a member of the Homeland Secu-
At a time when so many Cheshire County for the businesses, the hospitals, the rity and Governmental Affairs Com-
citizens are serving on the front lines of the healthcare providers, and the people mittee, I heard the FBI Director testify
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S5918 CONGRESSIONAL RECORD — SENATE September 30, 2020
to this very point just last week. The We must speak out, and we must country adoptions involving immigra-
message was clear: White supremacists take action. I urge my colleagues, tion to the United States and the coun-
pose a dangerous and violent threat to again, on both sides of the aisle, not to try from which each child emigrates,
our homeland. be complicit in their silence. I want the time required for completion of the
Against this backdrop, the Presi- them all to join me. I want you all to adoption, and the information on the
dent’s shocking remarks last night join me in denouncing White suprem- adoption agencies, their fees, and their
were, in fact, a continuation of deeply acy, as President Trump failed to do, work.
disturbing patterns of racist and anti- clearly and explicitly, in last night’s But to better tackle this issue, we
Semitic behavior that this President debate. need to provide more transparency and
has allowed to take place on his watch. This is not a partisan issue. It never accountability about some of the crit-
Three years ago in Charlottesville, will be a partisan issue. ical factors affecting intercountry
violent chaos and hatred were on full I hope all my colleagues join me in adoption. The Intercountry Adoption
display for the world to see. As neo- denouncing hatred in all forms. Information Act adds additional key
Nazis openly marched in the streets, I yield back. elements to this report by requiring
they chanted: ‘‘Jews will not replace I suggest the absence of a quorum. the State Department to provide infor-
us’’ and ‘‘blood and soil.’’ The PRESIDING OFFICER. The mation on, one, countries that have en-
President Trump not only didn’t de- clerk will call the roll. acted policies to prevent adoptions
nounce this anti-Semitic and racist The bill clerk proceeded to call the from the United States; two, actions
rhetoric, he did something much worse. roll. the State Department has taken which
He did something much worse. He Mr. BURR. Mr. President, I ask unan- have prevented adoptions to the United
praised the White nationalists. He imous consent that the order for the States; and, three, for each of these,
praised them as ‘‘very fine people.’’ quorum call be rescinded. how the State Department has worked
These were not very fine people. The PRESIDING OFFICER. Without
Just last month, a teen vigilante to encourage the resumption of inter-
objection, it is so ordered. country adoptions.
asked his mother to drive him across
f There are children around the world
State lines to the protests in Kenosha
with a rifle. He went there to use it, INTERCOUNTRY ADOPTION whose only chance to grow up in a fam-
and, in fact, he did. He took the life of INFORMATION ACT OF 2019 ily is through the Intercountry Adop-
two people and shot a third. He has tion Program. There are families in the
Mr. BURR. Mr. President, I rise to, in United States who are eager to open
been charged with homicide and right- a minute, ask unanimous consent to
ly so. Instead of condemning this act of their arms, their homes, their hearts to
call up and pass the Intercountry these children.
hatred, President Trump has hailed Adoption Information Act of 2019, but
this murderer as a ‘‘hero.’’ I ask unanimous consent, at this
first let me say that this is a strong bi- time, to call up and pass H.R. 1952, to
But this is the norm for President partisan bill that was first introduced
Trump. The President’s use of dog further transparency accountability
in March of 2019, with Senators CARDIN, and to ensure we are working toward
whistles and charged language gives a BLUNT, KLOBUCHAR, TILLIS, BROWN, and
voice to White supremacy and empow- the goal of enabling all children to
WICKER as original cosponsors. When have families which love them. I ask
ers vigilantes. It is inexcusable, and it
the House considered its version of the unanimous consent that the Com-
is indefensible.
bill last year, it passed 397 to 0. Let re- mittee on Foreign Relations be dis-
This rise in hatred that the President
fails to condemn is one of the reasons peat that, 397 to 0. No House Member charged from further consideration of
why, last year, I cofounded the Senate objected to it. H.R. 1952 and the House proceed to its
Bipartisan Task Force for Combating Our country is divided on many immediate consideration.
Anti-Semitism. The goal of this bipar- issues right now, but one thing that The PRESIDING OFFICER. The
tisan, nonpartisan endeavor is to help unites most of us is the belief that all clerk will report the bill by title.
stop hate before it starts, to call out children deserve to grow up in a perma- The bill clerk read as follows:
bigotry and anti-Semitism wherever we nent, loving home. This is a matter of
A bill (H.R. 1952) to amend the Inter-
see it—left, right, or center. I am proud justice and recognizing the intrinsic country Adoption Act of 2000 to require the
of the work that we have done so far to dignity in every human being. Many, Secretary of State to report on intercountry
push back on anti-Semitism right here many Americans have done more than adoptions from countries which have signifi-
in the United States, in Europe, in the just hold this belief; they have acted on cantly reduced adoption rates involving im-
Middle East, and around the world. it, adopting children both domestically migration to the United States, and for
and internationally. other purposes.
But the President’s silence and his
disturbing call to arms to White su- According to the most recent avail- There being no objection, the com-
premacist groups like the Proud Boys able statistics, however, intercountry mittee was discharged, and the Senate
make our work that much harder. adoption has dramatically declined in proceeded to consider the bill.
Some of the President’s defenders recent years. Last year, fewer than Mr. BURR. Mr. President, I ask unan-
often write off his most troubling 3,000 children were adopted in the imous consent that the bill be consid-
statements, claiming the President United States—down from nearly 23,000 ered read a third time and passed and
misspoke or that we just don’t under- in 2004. There are numerous reasons for that the motion to reconsider be con-
stand what he is trying to say or that this decline, many of which warrant sidered made and laid upon the table.
is his speaking style or that he is just continued efforts to ensure that orphan The PRESIDING OFFICER. Without
joking. children are given the chance to grow objection, it is so ordered.
Let me be clear. He didn’t misspeak up in a loving home, whether in their The bill (H.R. 1952) was ordered to a
last night. He didn’t make a joke last own country or here in the United third reading, was read the third time,
night. And regardless of what others States. and passed.
say, words matter. His words matter. We must address any barriers by ex- f
He is the President of the United amining our own policies and how they
States. are implemented and by working inter- SENATOR KAY HAGAN AIRPORT
Let me say today, as the President nationally to help more children grow TRAFFIC CONTROL TOWER
should have said last night—and I in- up in families. Mr. BURR. Mr. President, I now
vite all of my colleagues here in this Each year, the State Department re- would like to talk about a special
SSpencer on DSK126QN23PROD with SENATE
Chamber to join me in repeating this leases its annual report on inter- project in North Carolina which in-
statement: I condemn White nation- country adoptions—a key document volves my former partner from North
alism; I condemn racism; I condemn that keeps families, adoption agencies, Carolina, Senator Kay Hagan.
anti-Semitism; and I condemn and de- and policymakers informed about the We are currently in the process of
nounce the groups that promote these state of adoption. The report is pub- building a brand-new FAA tower at the
vile ideologies, the Proud Boys among licly available, and it includes, among Piedmont Triad International Airport
them. other things, the number of inter- in Greensboro, NC. The bill before us
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