Pandemic Darlings The pandemic economy, in original documents
Home Source documents Congressional Record, Senate, September 30, 2020 — Nomination of Amy Coney Barrett

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

Cite this document

“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/, SHA-256 0b9368f2dfb48a5398ad5e4d455d0bbdbfefb0d933cc5213c42a7fb3446746a5.

Full text

                                               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




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       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



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00008   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.011   S30SEPT1
                                               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




SSpencer on DSK126QN23PROD with SENATE
                                               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?



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000    Frm 00009   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.013   S30SEPT1
                                               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.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       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



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00010   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.014   S30SEPT1
                                               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



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00011   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.016   S30SEPT1
                                               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.



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00012   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.018   S30SEPT1
                                               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




SSpencer on DSK126QN23PROD with SENATE
                                               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.



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00013   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.020   S30SEPT1
                                               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




SSpencer on DSK126QN23PROD with SENATE
                                               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



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00014   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.021   S30SEPT1
                                               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



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00015   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.023   S30SEPT1
                                               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



                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00016   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.024   S30SEPT1
                                               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




                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00017   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.026   S30SEPT1
                                               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




                                         VerDate Sep 11 2014   05:16 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00018   Fmt 4624   Sfmt 0634   E:\CR\FM\A30SE6.003   S30SEPT1
                                               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



                                         VerDate Sep 11 2014   10:52 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00019   Fmt 4624   Sfmt 0634   E:\CR\FM\A30SE6.005   S30SEPT1
                                               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



                                         VerDate Sep 11 2014   10:52 Oct 01, 2020   Jkt 099060   PO 00000   Frm 00020   Fmt 4624   Sfmt 0634   E:\CR\FM\G30SE6.029   S30SEPT1


File and source

File
CREC_crec-2020-09-29_crec-2020-09-29-pt2-pgs5906-2.pdf
Size
304,247 bytes
SHA-256
0b9368f2dfb48a5398ad5e4d455d0bbdbfefb0d933cc5213c42a7fb3446746a5
Our copy
CREC_crec-2020-09-29_crec-2020-09-29-pt2-pgs5906-2.pdf
Original
www.govinfo.gov
Back to top