Congressional Record — Senate, October 19, 2020
Summary
Senate pages of the Congressional Record for October 19, 2020, starting at S6052. They open with remarks criticizing Leader MCCONNELL's relief bill as failing to include robust unemployment insurance. Mr. SCHUMER then moves to proceed to H.J. Res. 90, providing for congressional disapproval of the rule submitted by the Office of the Comptroller of the Currency relating to Community Reinvestment Act Regulations, with the vote set for 5:45 p.m., and gives notice that he will move to adjourn the Senate until after the November election. Mrs. BLACKBURN speaks on censorship and social media and a Commerce Committee hearing on section 230 set for October 28, and a senator then speaks in support of H.J. Res. 90. The closing page prints Senate Chamber and Galleries Regulations adopted by the Committee on Rules and Administration on October 7, 2020.
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S6052 CONGRESSIONAL RECORD — SENATE October 19, 2020
Leader MCCONNELL tried the same portunity and resources to commu- the American people who are willing to
stunt last month. It failed. Instead of nities of color. condition their tolerance for diverging
trying to work with the Democrats or The Trump administration’s rewrite viewpoints on how they feel, they
increase the size of the relief package of the rule not only undermines core themselves feel about what is being
to meet the needs—the desperate elements of the CRA, but it replaces said, worshipped, or reported. And as
needs—of the American people, Leader past practices with complicated re- scary and as frightening as that atti-
MCCONNELL is back with the same quirements that would lead to less tude is to many of us, it is increasingly
sorry excuse for a bill. It fails to in- lending in communities that need it reflected in the very companies that
clude robust unemployment insurance, most. I have fought too hard through- have the most influence over how we
enough funding for schools and univer- out my career to lift up the protections access and consume information.
sities, or funding for rental, housing, or of the CRA to stand idly by as the Last week, we saw two of these com-
nutrition assistance. It does nothing Trump administration tries to tear panies go to extremes to get in line
for the census or our elections and them down. with radicals who are trying to block,
abandons State, local, and Tribal gov- The window to challenge this rule censor, and intimidate their way into
ernments on the brink of catastrophe. under the Congressional Review Act power. We all know the companies and
It doesn’t include recent bipartisan leg- closes today, so I will move to consider the controversy I am talking about.
islation that helps independent music the resolution this evening. Normally, Twitter and Facebook censored the
and theater venues—the Save our we would work these votes out with the spread of a New York Post article con-
Stages Act—or bipartisan legislation majority, but its abuse of the Supreme taining allegations that could poten-
to help our ailing restaurants. It is to- Court process means we will not have tially affect the outcome of the upcom-
tally inadequate when it comes to business as usual—not now, not until ing election.
funding for testing and tracing, espe- the Republicans stop their mad dash to That is all I am going to say about
cially given the new spike in cases and confirm a Supreme Court Justice mere the article itself because, frankly, the
especially given the fact that a second days before a Presidential election. content bears no importance on how
wave may be upon us. I hope and pray anyone should react to what happened
f
it isn’t. It, once again, includes the poi- after it was posted. Someone working
son pill of all poison pills—a sweeping PROVIDING FOR CONGRESSIONAL for a private company—someone who is
corporate immunity provision that DISAPPROVAL UNDER CHAPTER a content reviewer or content moder-
would shield corporations from ac- 8 OF TITLE 5, UNITED STATES ator—someone working for a private
countability if they put their workers CODE, OF THE RULE SUBMITTED company made a unilateral decision to
in harm’s way. BY THE OFFICE OF THE COMP- stop Americans from reading the arti-
Let me be clear: The Republican pro- TROLLER OF THE CURRENCY RE- cle. They didn’t like it. They said: I
posal was unacceptable a month ago, LATING TO ‘‘COMMUNITY REIN- have the power to stop it, and because
and it remains unacceptable now, even VESTMENT ACT REGULATIONS’’— I have that power, I am going to stop
more so in that the crisis has gotten MOTION TO PROCEED it.
Now that is precisely what happened,
even worse. Mr. SCHUMER. Madam President, I
Remember, Leader MCCONNELL has and I will tell you, colleagues, it is not
move to proceed to H.J. Res. 90, pro-
been clear that as many as 20 Repub- just that they blocked the link and the
viding for congressional disapproval
lican Senators don’t want to provide text of the article, it is that at least in
under chapter 8 of title 5, United
any more relief to the American peo- Twitter’s case, they suspended the
States Code, of the rule submitted by
ple. According to press reports, one Trump campaign’s account; they sus-
the Office of the Comptroller of the
pended the New York Post account;
Senator said: ‘‘Not another dime.’’ Re- Currency relating to ‘‘Community Re-
they locked the White House Press Sec-
publican Senators gave their counter- investment Act Regulations,’’ which
retary’s account; and they suppressed
parts in the White House an earful for was received from the House. information posted by the House Judi-
even considering a bigger package of The PRESIDING OFFICER. The ciary Committee Republicans. They
aid. So this is not a serious attempt at clerk will report the motion. couldn’t even provide a plausible expla-
pandemic relief. It seems to be another The senior assistant legislative clerk nation for why they did this. Think
attempt at giving the Republicans po- read as follows: about that.
litical cover before the election. Motion to proceed to H.J. Res. 90, a joint They made themselves the arbiters of
Speaker PELOSI continues to nego- resolution providing for congressional dis- free speech, and they, in their almighty
tiate with Secretary Mnuchin and the approval under chapter 8 of title 5, United
position, decided they were going to de-
White House in the hopes of finding a States Code, of the rule submitted by the Of-
fice of the Comptroller of the Currency relat- termine what you could hear, when you
deal that would actually meet the could hear it, and how you could hear
needs of the American people. Instead ing to ‘‘Community Reinvestment Act Regu-
lations’’. it. They decided.
of repeating the same failed partisan The common element, of course, in
gambit, Leader MCCONNELL should be Mr. SCHUMER. Madam President, I
all of this action that took place was
working with the Democrats and the ask unanimous consent that the vote
the New York Post story. Was it infor-
administration on a proposal that ac- on the motion to proceed to H.J. Res.
mation or hacked information or just
tually has a chance of making it 90 occur at 5:45 p.m. today, with the
inconvenient information? No one
through both Houses of Congress. The time equally divided between the two
seems to want to answer that question.
longer he waits, the greater the cost to leaders or their designees.
Why do they not want to answer that
the American people. The PRESIDING OFFICER. Is there
question? It is because they didn’t like
Now, before I yield the floor, I want objection?
the information. It did not suit their
to be clear about one thing. Because Without objection, it is so ordered.
narrative, but the way things stand,
our Republican colleagues have made Mr. SCHUMER. I ask for the yeas
they didn’t have to, because there is no
such a mockery of the Supreme Court and nays.
real accountability and now their weak
confirmation process, we are not going The PRESIDING OFFICER. Is there a
explanations have been co-opted into
to have business as usual here in the sufficient second? arguments made by activists, rival
Senate. Tonight, I will move to bring There appears to be a sufficient sec- media organizations, and even journal-
up a vote under the Congressional Re- ond. ists who were insisting that the infor-
view Act and force action on a resolu- The yeas and nays are ordered. mation is harmful and must be strick-
tion to undo the Trump administra- The PRESIDING OFFICER (Mr. en from the record.
ctelli on DSK11ZRN23PROD with SENATE
tion’s gutting of the Community Rein- BOOZMAN). The Senator from Tennessee Mr. SCHUMER. Would the Senator
vestment Act. This is an important is recognized. yield? I have brought an announcement
fight in its own right. We should be CENSORSHIP AND SOCIAL MEDIA to the floor that will take a brief
standing up for critical civil rights Mrs. BLACKBURN. Mr. President, it minute. I don’t mean to interrupt.
laws, like the Community Reinvest- doesn’t take a genius to figure out that Mrs. BLACKBURN. I would be happy
ment Act—laws that help deliver op- there is a small but very loud sector of to yield to the Democratic leader.
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6053
Mr. SCHUMER. I thank the Senator news platform censor the news, and preciate the Senator from Tennessee
from Tennessee. they are seeing extremely powerful saying that.
NOTICE OF INTENT people cheer it on. To them and to me, Senator MCCONNELL said there was
Mr. SCHUMER. I just want to put the that is frightening. no urgency to help unemployed work-
Members on notice. Later this evening, They are looking to us to get into ers. Six hundred thousand unemployed
I will make a motion to adjourn the one of those policy debates my col- workers in my State in August lost
Senate until after the November elec- leagues across the aisle were so eager their $600 a week. What are they to do?
tion. to jump into just last week during Foreclosures are up. There are no
The Republican majority refused to Judge Barrett’s confirmation hearing. dollars for public education so schools
consider the Supreme Court nominee of Fortunately, for them, we have got a can open safely.
a duly elected Democratic President head start on that discussion. Big Tech I appreciate the Senator from Ten-
because it was 8 months before the has spent the last several years build- nessee. Maybe she will talk to Senator
election. Now they are trying to ram ing up a body of evidence against its MCCONNELL and ask him to do his job
through a Justice in mere days—days— own intentions, and if we don’t address so we can do our job.
before an election. It is the most their growing influence, we will lose H.J. RES. 90
rushed, the most partisan, the least le- our ability to create responsive policy. Mr. President, I rise to speak in sup-
gitimate nomination process in Su- I have already come to the floor sev- port of H.J. Res. 90, the joint resolution
preme Court history, and it should not eral times to speak on various ways we of disapproval of the Office of the
proceed. are doing this—through legislation, Comptroller of the Currency’s Commu-
So I want the Members to know that antitrust investigations, and some nity Reinvestment Act rule.
I will move to adjourn until after the good old-fashioned committee hear- We know who gets hit the hardest by
election with the ability to come back ings. Congress doing its job, precisely this pandemic and economic crisis. It is
into session if there is a bipartisan why we ought not to adjourn, precisely not Wall Street. It is not CEOs. It is
agreement on a COVID relief package. why we should stay here and do our not U.S. Senators. It is low-income
I thank the Senator for letting me work. workers. It is essential workers. It is
put Members on notice that we will do On October 28, the Commerce Com- workers who go to work every day and
this later this evening. mittee will host a few familiar faces get exposed to this virus and then come
The PRESIDING OFFICER. The Sen- for a hearing where we will analyze the home, anxious about potentially in-
ator may proceed. effect that the liability shield found in fecting their family. It is the middle
CENSORSHIP AND SOCIAL MEDIA section 230 of the Communications De- class. It is communities of color. Those
Mrs. BLACKBURN. Thank you very cency Act has on Big Tech’s behavior. are the people getting hit the hardest.
much, Mr. President. I have to tell you, Over the course of the hearing, we will It is the same story we see over and
listening to the Democratic leader speak with Jack Dorsey of Twitter, over and over. Corporate lobbyists and
there, this is one of the things that so- Mark Zuckerberg of Facebook, and their allies in Washington do whatever
cial media has taken off on. Sundar Pichai of Google about their it takes—whatever it takes to make
They lost. They lost the 2016 Presi- approach to using the section 230 sure that Wall Street recovers, and
dential election, and they have never shield. then they say: Oh, no, we can’t afford
accepted the results. Never. It doesn’t We will also examine various legisla- to—we can’t—the budget, the deficit.
fit their narrative. So what do they do? tive proposals to modernize section 230, We can give a tax cut to rich people,
Look at this. Let’s just not even work. including one of my own that would re- explode the deficit, but we can’t do
Let’s just adjourn. Let’s not do our solve some ambiguities regarding what anything for regular people, for mid-
constitutional duty. sorts of content moderation policies dle-class people, and for low-income
I tell you what, you can’t make this are shielded from liability and which people. We just can’t afford to help
stuff up. You really can’t. Cognitive ones aren’t protected. We are going to anyone else.
dissonance of this moment in history talk about the unintended con- The stock market is back up, so
has overwhelmed the discourse. sequences that stem from these poli- Leader MCCONNELL and President
It is important to make it abun- cies. We are going to talk about their Trump seem to think that everything
dantly clear that the outrage—the ab- platforms’ interaction with activists is just fine, thank you, in our country.
solute outrage from the American peo- and with the media. Meanwhile, families don’t know how to
ple over this incident with social media I think we will probably get around feed their children and how to make
has everything to do with their very to talking about it, whether they like rent. They don’t know about family
fluid and subjective standards that it or not, because we have the bipar- businesses closing their doors and
these companies use to control the flow tisan and unanimously authorized sub- schools can’t open for in-person learn-
of information, and over the last few poenas in hand to do it, and those sub- ing. But, oh, yeah, the stock market is
years, they have gotten worse about it. poenas are good through the end of this up, so Leader MCCONNELL and Presi-
And you know what? They do it until Congress. dent Trump seem to think everything
we slap their hands and then pull them Hopefully, by going straight to the is fine.
back in, and we say: You can’t do this. top, we will gain a better under- Black-owned businesses have closed
Now, in the case that we are dis- standing of why these companies can’t down at twice the rate—including in
cussing that happened last week, it seem to regulate themselves, why they the State of Arkansas—closed at twice
looks suspiciously like they applied a can’t seem to stop themselves from the rate of White-owned businesses
brandnew set of standards because having a complete meltdown every sin- during this pandemic. Black and
someone got spooked at the prospect of gle time we turn up the heat and talk Latino renters are more likely to be
losing momentum on a political nar- about these issues of privacy, talk behind on their rent or mortgage. But
rative. about censorship, talk about the stock market is up, so Leader
They are all working together on prioritization, talk about preferencing, MCCONNELL and President Trump seem
this. So let’s go home; let’s not work; talk about holding them accountable to think that everything is just fine.
let’s not do our job; let’s bury a story for the spectrum they use to put out Low-wage workers are more likely to
on social media. Why? Their gal didn’t their message and the activity that remain out of work. There are 600,000
win in 2016, and Donald Trump did be- they are taking now to censor the free people in my State who can’t find jobs.
cause the American people said: We are speech of the American public. They have lost their unemployment in-
with him, not her. I yield the floor. surance. But the stock market is up, so
ctelli on DSK11ZRN23PROD with SENATE
Now, here in Washington we can The PRESIDING OFFICER. The Sen- Leader MCCONNELL and President
argue all over election-year politics, ator from Ohio. Trump seem to think that everything
but in Tennessee, the people are seeing Mr. BROWN. Mr. President, I am glad is fine.
this for what it is, and they are not to see a Member of the majority saying Low-wage workers are more likely to
talking about politics. They think this that MITCH MCCONNELL ought to have remain out of work and more likely to
is pretty terrifying. They are seeing a us around here doing some work. I ap- be struggling to pay for food. We
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S6054 CONGRESSIONAL RECORD — SENATE October 19, 2020
should—we should—but we are not be- tening to what the communities need profits and banks, all of whom told
cause Leader MCCONNELL is taking care and making it happen, like helping to them their plan just wouldn’t work for
of his contributors, he is taking care of finance a new affordable housing devel- low- and moderate-income commu-
the big-money people, and he is taking opment or offering small loans so that nities. Instead, the agency said: We
care of Wall Street. The stock market people don’t have to turn to payday know best.
is up—I know I have said that a few lenders. It is about investing in neigh- They think these Trump appointees
times—but that is what matters to far borhoods and borrowers who are locked in Washington know better than may-
too many people around here, and to out of the financial system based on ors and city council members and local
the President of the United States, who they were and where they were advocates and small businesses in Ohio
that is what matters. We should be born. and around the country.
rolling up our sleeves to invest in The three entities that oversee our The day after they announced they
neighborhoods and the small businesses banking system—the Comptroller of were ignoring the rest of the country
that sustain them. Instead, we have the Currency, the Federal Reserve, the and plowing ahead, Comptroller of the
had another Trump appointee working FDIC—acted together over those 40 Currency Otting announced he would
to actually make it harder to invest in years so that there was one CRA for all resign. Imagine that. First he inflicts
these communities at a time when they banks to follow and one set of expecta- this on us, and then he walks away,
need support the most. tions about serving customers in com- probably for a better paying job down
For decades, redlining and govern- munities. the road.
ment bank sanctions—you know how But, in May, the Trump OCC threw Since the rule was finalized, the Fed-
they started. It was the Black codes out 40 years of progress—just threw it eral Reserve has set out on a path for
after reconstruction; then it was Jim out the window. But, you know, the all three regulators to work together
Crow; then it was redlining; and now it stock market is up, so Leader MCCON- to create a CRA rule that will increase
is locking in discrimination by Trump NELL and President Trump seem to the focus on lending and investments
nominees who have had another Trump think everything is just fine. In the and services in low- and moderate-in-
appointee working to make it harder to middle of a pandemic disproportion- come communities and to small busi-
invest. ately—we have established, and even nesses and farms. That is what CRA is
For decades, redlining and Senator MCCONNELL understands, this there for. That used to be bipartisan.
government- and bank-sanctioned dis- pandemic disproportionately harms That used to be the consensus around
crimination left parts of this country— Black and Brown communities in Ken- here. We should be investing in these
often Black and Brown communities, tucky, Arkansas, New Jersey, Dela- communities that have been systemati-
often rural areas in Southeast Ohio and ware, Ohio, and all over this country, cally excluded from sharing in our
Arkansas—with virtually no invest- but Trump’s OCC unilaterally rewrote country’s prosperity. That means
ment from banks. All kinds of people the CRA—unilaterally. The other strengthening the CRA. It means lis-
had dreams to start businesses, to Trump nominees didn’t even go that tening to communities when they tell
build houses, to grow and support their far. us what they need. But the OCC’s rule
communities, but they couldn’t get the Just 6 weeks before the rule was fi- does the opposite. They even acknowl-
loans to do it. Even after Congress out- nalized, civil rights leaders, commu- edge there was widespread opposition
lawed housing and lending discrimina- nity development organizations, State to this rule, particularly from the com-
tion based on race, whole communities and local officials, Senator MENENDEZ munities the CRA was meant to serve.
struggled to get the loans they needed. on the Banking, Housing, and Urban It should be easy for my Republican
Banks were happy to take Black and Affairs Budget Committee, and I and colleagues to join us in voting to re-
Brown and low-income people’s depos- others submitted over 7,500 comments voke the OCC’s rule and to stand up for
its, and then they would lend their on the OCC’s and FDIC’s proposed re- the underserved in low- and moderate-
money to wealthy investors and com- write of the CRA. The vast majority of income communities, rural commu-
panies outside of the community. Long commenters opposed the agency’s pro- nities, and communities of color whom
after redlining and long after legal seg- posal. A coalition of civil rights lead- CRA was meant to serve.
regation officially ended, people living ers, the NAACP, the National Fair I would just ask our Republican col-
in largely Black and Brown neighbor- Housing Alliance, and UnidosUS said leagues to join with what the FDIC
hoods weren’t able to get mortgages to the proposed rule invited—their wants to do—the Trump appointees
buy a home because the bank just words—‘‘a return to discrimination there. Join with the Federal Reserve—
wasn’t making loans in those parts of against communities of color and low- Jay Powell, Chair of the Federal Re-
town. and moderate-income neighborhoods.’’ serve, Trump appointee. It is what the
Small farms and small businesses Remember how this worked. It was Senate should be doing—working to get
couldn’t get the loans they needed to the Black codes; then it was Jim Crow; our country through the worst crisis
grow. That is why we passed the Com- then it was redlining. Now it is locking we have seen in our lifetime and in-
munity Reinvestment Act, the CRA, to in these discriminatory rules, and we vesting in the communities getting hit
make it clear that banks have a re- said no to that. But, unfortunately, the the hardest.
sponsibility to serve all of the places Trump administration says yes to that. Instead, Leader MCCONNELL is using
where they do business, including low- But 22 State attorneys general wrote the final days before an election to jam
and moderate-income areas. As I said, that the proposal was ‘‘contrary to the through another special interest judge
they would take the deposits and then [Community Reinvestment Act’s] pur- who will carry out the corporate agen-
take the money and lend it out to pose and text, will harm communities da that the voters keep rejecting. The
wealthy investors. in the States, and should be with- Senate needs to get back to focusing on
The CRA is one of the foundational drawn.’’ the people we are here to serve and to
civil rights laws passed to address dec- Across my home State of Ohio, cities repeal the OCC’s misguided rule to gut
ades of explicit disinvestment and such as Akron, Toledo, Dayton, Cin- the Community Reinvestment Act.
begin to undo the legacy of redlining. cinnati, Mansfield, Lima, and many I urge my colleagues to support the
For 40 years, our government and others wrote and passed resolutions op- resolution so that we can get back to
banks alike have recognized in the- posing this plan. Some in govern- the task of strengthening the CRA. The
ory—in theory—that banking shouldn’t ment—those not directly connected to stock market being up—as important
just be about serving the people with the Trump administration—listened to as that is to Leader MCCONNELL and
six-figure salaries and big mortgages. the people we serve. The FDIC heard President Trump in their belief that
ctelli on DSK11ZRN23PROD with SENATE
It is about helping a family farm take the feedback. FDIC saw the financial everything is fine because the stock
out a loan. It is about helping a bus- pain of the pandemic, and they de- market is up, there is way more to
driver buy their first home or a brother clined to move forward. The Federal measure our economy than that. Sup-
and sister open a corner store in a Reserve also said no, but the OCC port our resolution; strengthen the
neighborhood where there is nowhere plowed ahead. It ignored the thousands CRA; and help our communities across
to buy fresh groceries. It is about lis- of civil rights groups and local non- the country.
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6055
Before yielding the floor, I ask unani- CENTER FOR RESPONSIBLE LENDING The final rule imposes an overly simplistic
mous consent that the letters from the October 19, 2020. evaluation measure that fails to ensure that
National Urban League, the Center for U.S. SENATE, local banking needs are met, and sanctions
U.S. Capitol, Washington, DC. bank redlining. The rule overvalues the dol-
Responsible Lending, and 45 civil rights DEAR SENATOR: The Center for Responsible lar amount of CRA activities in comparison
organizations, consumer advocates, Lending writes to express our strong support to the quality of such activities and allows
and unions in support of H.J. Res. 90 for H.J. Res. 90, a Congressional Review Act banks to earn more credit for easier and
and opposing OCC’s CRA rule be print- resolution of disapproval that will invalidate larger investments in communities from
ed in the RECORD. Along with these let- the Office of the Comptroller of the Currency which they can get the highest return. In-
ters that I have requested to be print- (OCC) final rule on the Community Reinvest- deed, the rule permits banks to ignore 20% of
ment Act. their assessment areas and still pass, result-
ed, I would also like to refer to a coali- The Community Reinvestment Act of 1977
tion letter supporting the resolution ing in unchecked neighborhood disinvest-
(CRA) was one in a series of landmark civil ment and redlining. The rule also disincen-
which can be found at: https://ncrc.org/ rights legislation and is a critical tool to tives investment in LMI neighborhoods and
wp-content/uploads/dlm_uploads/2020/10/ help our nation work toward overcoming the communities of color. It incentivizes activi-
FINAL-H.J.-Res-90-SignOn-Letter.pdf. legacy of redlining. Today’s racial wealth
ties and investments that do not ‘‘pri-
There being no objection, the mate- gap and lending disparities are in large part
marily’’ benefit LMI communities, such as
the result of decades of government policies
rial was ordered to be printed in the large-scale infrastructure projects. Esti-
and practices that enabled the redlining of
RECORD, as follows: mating such projects’ impact on LMI neigh-
communities of color for most of the 20th
NATIONAL URBAN LEAGUE, century. In the post-Depression era, federal borhoods is difficult and thus will likely di-
October 19, 2020. policies that created housing opportunities vest funds away from smaller scale, yet
U.S. SENATE, for returning veterans and their families ex- impactful community development activi-
Washington, DC. plicitly excluded people of color from the ties. Furthermore, the rule reduces the im-
DEAR SENATORS: On behalf of the National benefits of government-supported housing portance of retail lending and retail services,
Urban League and our 90 affiliates across 36 programs. Among these programs were pub- resulting in less lending and investments in
states and the District of Columbia, I write lic housing, the Home Owners’ Loan Corpora- communities that are already credit starved.
to express strong support for H.J. Resolution tion (HOLC), and mortgage insurance The rule is opposite to the CRA’s statutory
90 (H.J. Res. 90), a Congressional Review Act through the Federal Housing Administration mission and will cause deep harm to commu-
resolution intended to reverse the Office of (FHA). Not only did this redlining segregate nities.
the Comptroller of the Currency’s (OCC) residential neighborhoods across the United We urge support for H.J. Res. 90 to reverse
harmful and woefully misguided changes to States, but it granted whites the ability to the OCC’s regulatory attack on the Commu-
the implementation of the Community Rein- build wealth through homeownership while nity Reinvestment Act. Thank you for your
vestment Act of 1977 (CRA). denying equal opportunities for families of consideration.
The framework represented by OCC’s final color to build similar home equity over the Sincerely,
CRA rule represents a serious shift from the same period. The inequities that result from CENTER FOR RESPONSIBLE LENDING.
CRA’s original intent of addressing the his- these discriminatory programs are part of
tory of redlining, disinvestment, and the the injustices that today’s people led pro- NATIONAL COMMUNITY
market failures that continue to leave com- tests are demanding to be addressed. REINVESTMENT COALITION,
munities of color in America underserved. The CRA imposes continuing and affirma- October 19, 2020.
Notably, it is illustrative that two of the tive obligations on banks to help meet the
credit needs of the local communities in DEAR SENATOR: We, the undersigned orga-
three federal agencies charged with enforc- nizations, write to express our strong sup-
ing the CRA—the Federal Reserve (the Fed) which they are chartered and continues to be
an important tool for fostering access to port for H.J. Res. 90, a Congressional Review
and the Federal Deposit Insurance Corpora- Act resolution of disapproval that will nul-
tion (FDIC)—did not join the OCC in final- credit for these communities today. The law
has urged banks to more actively lend in lify a rulemaking by the Office of the Comp-
izing this controversial rule. Moreover, troller of the Currency (OCC) that, if allowed
under the leadership of Chair Jerome Powell LMI areas; it has also played a key role in
ensuring bank participation in community to stand, would drastically undermine one of
and Governor Lael Brainard, the Fed has our nation’s most important civil rights
now proposed a different approach to mod- revitalization efforts across the country.
Despite the importance of CRA and the laws, the Community Reinvestment Act of
ernizing the CRA that better aligns with the 1977 (the CRA).
community investment it has spurred, CRA
original intent of this crucial civil rights
rules must be strengthened. The CRA as ap- Enacted in 1977, the Community Reinvest-
law.
plied has not done nearly enough to revi- ment Act (CRA) has been vital in fighting
If fully enacted, the OCC’s final rule would
talize previously redlined areas and has not redlining, a practice that systematically—
effectively give banks under the agency’s ju-
made a substantial dent in the lagging home- and for decades, as a matter of federal pol-
risdiction more credit for performing less
ownership rate for people of color. The white icy—shut neighborhoods of color and lower-
CRA activity, resulting in significantly
homeownership rate is 73% while the rate is income communities out from home loans
fewer lending opportunities and bank serv-
44% and 48% for Black and Latino borrowers and other essential financial services. The
ices for the many low- and middle-income respectively. Additionally, bank lending in
(LMI) families nationwide who most need CRA requires banks to undertake reasonable
LMI communities and communities of color efforts to lend to and invest in all of the
the vital access to the sustainable lending has declined dramatically since the Great
and homeownership opportunities made pos- neighborhoods in areas where they do busi-
Recession. And existing disparities will be ness. The law has helped to spur increased
sible by the CRA. Additionally, the OCC’s further perpetuated in the face of the
final rule favors investments that are al- investments in formerly-redlined commu-
COVID–19 global public health and economic nities. It did not, however, prevent non-bank
ready well-served by current market trends crisis.
and for which the CRA was never intended. lenders (who are not subject to the CRA)
Unfortunately, the OCC decided to act uni- from flooding communities of color with
The CRA was designed to combat genera- laterally—without the Federal Reserve and
tions of discrimination and redlining by re- toxic subprime mortgages in the years before
Federal Deposit Insurance Corporation—to the 2008 crisis; and research shows that ra-
quiring banks to better meet the lending issue a structurally flawed final rule that
needs of the surrounding communities in cial disparities in lending—which cannot be
weakens the CRA and will harm low- and explained away by differences in credit
which they are chartered to serve, including moderate-communities and communities of
underserved areas. This important law was scores—persist to this day.
color. Rather than postpone rulemaking to
enacted in large part because communities focus on the devastating economic crisis It is clear that the CRA needs to be mod-
of color continued to face barriers accessing caused by the COVID–19 health pandemic, ernized and strengthened in order to fulfill
credit despite the passage of federal fair the OCC issued the rule a mere six weeks its original purpose. But in January, the
lending laws, including the Fair Housing after the closing of the comment period on OCC and the Federal Deposit Insurance Cor-
Act, the Equal Opportunity Act, and the its proposed rule despite broad requests for poration (FDIC) published a Notice of Pro-
Home Mortgage Disclosure Act. delay from community groups, civil rights posed Rulemaking (NPRM) that would in-
In light of the very serious concerns about and consumer organizations, and industry. stead significantly weaken the CRA. The
the OCC’s finalized changes to the implemen- The OCC acknowledged in the preamble to agencies proposed new overly simplistic
tation of the CRA, the National Urban the final rule that most of the comments dis- metrics system that would make it far easier
League urges Senators to vote in favor of agreed with the proposal’s approach. Yet, the for banks to pass their CRA exams by mak-
ctelli on DSK11ZRN23PROD with SENATE
H.J. Res. 90 when it comes to the Senate OCC decided to side with the minority of ing large investments in communities where
floor for consideration. Should you have any comments in support of the proposed rule. they can reap the largest rewards, rather
questions, please feel free to contact Julius The OCC’s rule will harm the communities than carefully-targeted, smaller investments
Niyonsaba at the National Urban League. most adversely affected by the current crisis, in underserved consumers and neighbor-
Sincerely, including many families that were hardest hoods.
MARC H. MORIAL, hit by the Great Recession and have yet to Even before the NPRM was published, a
President & CEO, National Urban League. recover. wide range of stakeholders weighed in with
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S6056 CONGRESSIONAL RECORD — SENATE October 19, 2020
both the OCC and FDIC to raise concerns and vestment Coalition; National Community courage investment in underresourced
to ask for more data justifying the changes. Stabilization Trust; National Consumer Law and overlooked regions. Instead, it ex-
Those concerns were not addressed, and the Center (on behalf of its low-income clients); pands qualifying CRA activities to in-
data was never released. By the time the The National Council of Asian Pacific Amer-
NPRM was published, the United States and icans (NCAPA); National Council of Church-
clude ones that don’t directly benefit
the world were just beginning to learn about es; National Fair Housing Alliance; National communities in need. This OCC rule
the growing threat posed by a dangerous new Housing Law Project; National LGBTQ Task will cause harm to current investment
respiratory virus. In the coming weeks, it be- Force Action Fund; National Urban League; areas, leading to less community devel-
came clear that the virus had not been con- OCA-Asian Pacific American Advocates; opment in Delaware and across our Na-
tained, and it spread rapidly to multiple Poverty & Race Research Action Council; tion.
countries including the United States. As Prosperity Now; Service Employees Inter- The OCC rule would allow banks to
stakeholders and the public began devoting national Union; Silver State Equality-Ne- pass their CRA assessments with
more and more resources and attention to vada; Tash; Union for Reform Judaism;
the health, social, and economic fallout of Woodstock Institute. broad-stroke, large investments in-
the growing pandemic, and many urged the Mr. BROWN. I yield the floor. stead of smaller, targeted investments
OCC and FDIC to temporarily suspend rule- The PRESIDING OFFICER. The Sen- in underserved communities. In proc-
making not related to COVID–19, the agen- ator from Delaware. ess, the OCC hasn’t worked to achieve
cies continued plowing ahead, only agreeing Mr. COONS. Mr. President, I rise to consensus with fellow Federal regu-
to a one-month extension for comments. join my colleagues from Ohio and from lators, the Fed and the FDIC, nor with
In the days before the deadline for com- banks, community advocacy, and civil
New Jersey in saying that we should
ments on the rule, it had become clear that
COVID–19 was proving fatal to communities not allow this OCC rule, gutting the rights groups. That is why I am joining
of color—the very communities the CRA was core elements of the CRA, to move for- my colleagues from New Jersey, Ohio,
intended to help—at a rate several times ward. The Community Reinvestment and many other States in voting for
higher than the population at large; the U.S. Act is a landmark civil rights and anti- congressional disapproval of this OCC
Surgeon General warned the public to pre- redlining law created to improve the final rule. It undermines and actively
pare for ‘‘our 9/11 moment,’’ and models pre- welfare of low- and moderate-income weakens this important civil rights
dicted 100,000 or more deaths in the United Americans all over our Nation and to law. We must ensure changes to the
States alone. Only 41 days after the com- assess banks lending to, investing in, CRA strengthen the law, not weaken it,
ment period ended, and even though only a
minority of commenters voiced support for
and serving of the communities in and all the related regulators and
the new framework, the OCC rushed through which they do business. stakeholders must work together to
a final rule that left it largely intact. The The Community Reinvestment Act ensure that any changes to the CRA
FDIC, to its credit, declined to finalize its works. Since its enactment in 1977, it work to combat racial inequality and
version of the rule at this time. has resulted in trillions of dollars in- to lift up communities long overlooked
In the months since the OCC finalized its vested in low- and moderate-income by traditional banking and their in-
rule, our nation has been facing a long-over- communities. It promotes fair treat- vestment priorities.
due reckoning with our troubled legacy of ment and equal access to credit and With that, I yield the floor.
racial and ethnic discrimination. While
capital for Black and Brown commu- The PRESIDING OFFICER. The Sen-
much of the conversation has rightly been
focused on police brutality and the impact of nities, for underserved populations, and ator from New Jersey.
over-policing in communities of color, this it is essential to the economic health Mr. MENENDEZ. Mr. President,
conversation is inexorably tied to the lasting of our country. It is a successful incen- today, I rise to urge my colleagues to
economic, social, and legal legacy of red- tive for banks to provide mortgage take a stand for civil rights and basic
lining and other forms of racial discrimina- lending and financial services to neigh- financial fairness and join us in defense
tion. borhoods of color and low- and mod- of the Community Reinvestment Act. I
We will not succeed in addressing issues appreciate my distinguished colleagues
erate-income communities.
surrounding law enforcement in commu-
nities of color without also addressing dec-
There is a long legacy of racial dis- from Delaware and the ranking Demo-
ades of underinvestment in housing, employ- crimination in our Nation in financial crat on the Banking Committee, Sen-
ment, education, health care, transpor- services, and the Community Reinvest- ator BROWN, for their remarks.
tation, and other factors that, to this day, ment Act has been a vital tool in help- For more than four decades now, this
have contributed to the longstanding dis- ing to fight that cruel legacy. In Dela- core civil rights law has helped ensure
parities that are once again coming to light. ware, I have seen the benefits of the that banks that do business in our low-
Now is certainly not the time to weaken the CRA firsthand. I have seen investments and moderate-income communities ac-
most important civil rights laws we have at in affordable housing, homeownership tually invest—invest—in those commu-
our disposal to correct those disparities.
As such, we urge Congress to support H.J. opportunities, and economic and small nities. Before the Community Rein-
Res. 90, to overturn the OCC’s regulatory at- business development as a result. vestment Act, or CRA, as it is called,
tack on the Community Reinvestment Act. Discover Bank, for example, banks often avoided lending to cus-
Thank you for your consideration. partnered with the Delaware State tomers and businesses in the lower in-
Sincerely, Housing Authority to provide mort- come neighborhoods where they opened
9to5, National Association of Working gages to low- and moderate-income branches. This practice was known as
Women; Alianza Nacional de Campesinas; Al- borrowers throughout the State by pur- redlining because, back then, banks
liance for Justice; Americans for Financial
chasing loans. WSFA made a $1.5 mil- would draw literal red lines around the
Reform; Andrew Goodman Foundation;
AREAA—Asian Real Estate Association of lion investment in NCALL’s Restoring communities that they did not want to
America; Bend the Arc: Jewish Action; Central Dover Initiative and a $500,000 lend money to. Not surprisingly, the
Campesinos Sin Fronteras; Center for Re- line of credit to help build homes for communities that were redlined were
sponsible Lending; Color of Change; Consor- new homeowners who were low- and African American, Latino, and low-in-
tium for Citizens with Disabilities Housing moderate-income and gave a $1 million come communities.
Task Force; Consumer Action; Equality Cali- low-interest loan for economic develop- In essence, they were content to take
fornia; Farmworker Association of Florida; ment in our capital city. Capital One the deposits from low- and moderate-
Green For All, a program of Dream Corps;
recently made a $20 million loan to fi- income families, people of color, small
Impact Fund; Japanese American Citizens
League; Justice in Aging; The Leadership nance the community education build- businesses, and farms, but then they
Conference on Civil and Human Rights; ing in downtown Wilmington where turned around and denied those very
League of Women Voters of the United Kuumba Academy is residing. customers mortgages, loans, and other
States; Matthew Shepard Foundation; Multi- The OCC final rule is wrong in sub- lines of credit.
cultural Efforts to end Sexual Assault stance and in process. The CRA has The Community Reinvestment Act
(MESA). been beneficial for more than four dec- was enacted to put an end to that red-
ctelli on DSK11ZRN23PROD with SENATE
NAACP; NAACP Legal Defense and Edu- ades. Sure, there is some room for mod- lining and spur greater investment in
cational Fund, Inc.; National Association for
ernization or improvement, and it is our minority communities and lower
Latino Community Asset Builders
(NALCAB); National Association of Con- necessary to continue to build on this income neighborhoods. But even today,
sumer Advocates; National Association of monumental act, but the OCC final we are still grappling with the socio-
Human Rights Workers; National Center for rule goes in exactly the wrong direc- economic and racial consequences of
Lesbian Rights; National Community Rein- tion. In substance, it is unlikely to en- this systemic financial discrimination.
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6057
Many of our most impoverished neigh- credit, updates where activity is evalu- tween what the Fed has proposed and
borhoods are the same neighborhoods ated, evaluates CRA performance more what the OCC has finalized.’’
that were redlined decades ago. It is objectively, and makes record-keeping The OCC issued this rule in May.
one of the reasons that the genera- and reporting timelier and more trans- Senate Democrats have waited until
tional wealth of Black and Brown parent. the end of the Congressional Review
Americans remains drastically lesser The OCC’s efforts to improve the Act window to act, timing this vote to
than those of their White counterparts. CRA framework began in 2017 with an be most disruptive to the Senate’s floor
That is why we have to reject the extensive and deliberate process, en- schedule. More importantly, this vote
Trump administration’s proposed rule gaging numerous stakeholders along comes after the rule’s effective date of
changes to the Community Reinvest- the way. The OCC issued its advance October 1. Voiding it would create con-
ment Act. notice of proposed rulemaking in 2018, fusion and uncertainty for commu-
The Office of the Comptroller of the and in December 2019, the OCC jointly nities, industry, and other stake-
Currency’s—the OCC—CRA new rule issued a proposed rule with the FDIC, holders, harming the very communities
would result in significantly fewer which received 7,500 comments. The the CRA would help.
loans, investments, and services to OCC says those comments made it bet- Acting Comptroller Brooks said it
low- and moderate-income commu- ter and significantly different from the well:
nities, and it would permit banks to proposal. Overturning the OCC’s new CRA rule would
avoid businesses and investments in The status quo was failing. The OCC roll back benefits to Native Americans, peo-
these neighborhoods. In essence, it found that the regulatory status quo ple with disabilities, American farmers, and
would lead to a new form of modern- had failed to improve economic out- small business owners. It would preserve a
day redlining, all with the Federal comes for underserved groups, includ- status quo that on its face has failed to
Government’s blessing. It is no wonder ing minorities and low- and moderate- make the progress promised 43 years ago. It
why civil rights groups, including the income communities. would force banks, communities groups, and
NAACP and the Leadership Council on The CRA regulatory process was bro- examiners to operate in the dark without the
Civil and Human Rights, have fought transparency, objectivity, and regulatory
ken. Acting Comptroller Brooks stated: certainty that the new rule provides. It
so hard against this rule. They do not In addition to not achieving the societal would also prevent future Comptrollers from
want banks to be given the green light goals of the statute, the regulatory process taking up the rule to improve how CRA
to discriminate against minority and around CRA was broken. Banks and stake- works in the future.
low-income consumers. Make no mis- holders were uncertain of what activities
take—industry stakeholders and regu- would qualify for CRA consideration from Additionally, former Comptroller Jo-
lators are just as divided over the exam to exam. The framework’s lack of ob- seph Otting wrote:
Trump administration’s actions. That jectivity, transparency, consistency, and The coronavirus pandemic has only made
fairness left the whole process open to sweet- it more dire that communities—particularly
is why, in fact, neither the Federal De- heart deals and made it nearly impossible to low- and moderate-income communities—
posit Insurance Corporation nor the assess the impact of billions of dollars that need more capital and better access to cap-
Federal Reserve has joined in this ef- were spent each year. Stakeholders have ital. And they need it now.
fort. Neither of them has joined in this voiced the need to update the CRA regula-
effort. tions now for more than a decade.
I urge my colleagues to join me in
That is why I urge our colleagues to voting against this resolution, to pre-
What does the final rule do? The final serve this important modernization of
do the right thing and repeal this rule establishes objective criteria for
harmful new CRA rule. our CRA regulations.
determining and an illustrative list of
In a year where the entrenched racial Thank you.
what qualifies for CRA credit, while
and economic disparities that have Mr. President, I ask unanimous con-
also creating a preapproval process for
long plagued our Nation have been ex- sent that the vote scheduled for 5:45
banks. It updates and expands assess-
acerbated and on full display, the last p.m. begin immediately.
ment areas to better reflect how banks
thing we need to do is to steer money The PRESIDING OFFICER. Is there
serve customers today by adding de-
away from Black and Brown families, objection?
posit-based assessment areas. It also
homeowners, consumers, and busi- Without objection, it is so ordered.
incentivizes CRA activity in new areas
nesses. As a matter of fact, in the The clerk will call the roll.
of need, including Indian Country and
midst of this pandemic, we can see the The senior assistant legislative clerk
rural and distressed areas. The final
consequences to those communities called the roll.
rule establishes new general perform-
that are often at the frontline of mort- Mr. THUNE. The following Senators
ance standards to more objectively
gage foreclosure and losing their are necessarily absent: the Senator
evaluate a bank’s CRA performance.
homes. from Arizona (Ms. MCSALLY), the Sen-
I urge my colleagues to join me in re- Finally, the rule requires banks to re-
port better data to improve the trans- ator from Alaska (Ms. MURKOWSKI), the
jecting this new CRA rule. This is Senator from Kentucky (Mr. PAUL),
about protecting civil rights. This is parency and accountability of banks
and their regulators to their commu- and the Senator from Florida (Mr.
about protecting economic opportunity RUBIO).
for all. And this is about continuing to nities.
Importantly, the rule does not Mr. DURBIN. I announce that the
do the hard work of reversing the dis- Senator from California (Ms. HARRIS),
crimination, the financial disparities, change the OCC’s authority or obliga-
tion to fight discrimination and illegal the Senator from Alabama (Mr. JONES),
and the socioeconomic injustices that the Senator from Virginia (Mr. KAINE),
have plagued our Nation for far too practices.
Several organizations have praised the Senator from Washington (Mrs.
long. MURRAY), and the Senator from Ari-
With that, I yield the floor. the final rule, including the Consumer
The PRESIDING OFFICER. The Sen- Bankers Association, the National Dis- zona (Ms. SINEMA) are necessarily ab-
ator from Idaho is recognized. ability Institute, the National Con- sent.
Mr. CRAPO. Mr. President, I rise to gress of American Indians, and the Na- The PRESIDING OFFICER. Are there
oppose the resolution vacating the tional Diversity Coalition. any other Senators in the Chamber de-
OCC’s final rule on the Community Re- FDIC Chairman McWilliams noted: siring to vote?
investment Act, or CRA. ‘‘There are many provisions in the The result was announced—yeas 43,
Acting Comptroller of the Currency final rule that will greatly benefit low- nays 48, as follows:
Brian Brooks has noted: ‘‘The new and moderate-income communities, [Rollcall Vote No. 201 Leg.]
Community Reinvestment Act rule was and provide greater clarity to banks on YEAS—43
ctelli on DSK11ZRN23PROD with SENATE
finalized for one reason—to promote CRA expectations.’’ Baldwin Carper Feinstein
more lending and investment in under- Last month, the Federal Reserve Bennet Casey Gillibrand
served areas—including low- and mod- issued its own advance notice of pro- Blumenthal Collins Hassan
posed rulemaking, and Acting Comp- Booker Coons Heinrich
erate-income neighborhoods.’’ Brown Cortez Masto Hirono
The key changes the rule makes are troller Brooks observed that ‘‘there is Cantwell Duckworth King
these: It clarifies what counts for CRA a significant amount of overlap be- Cardin Durbin Klobuchar
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S6058 CONGRESSIONAL RECORD — SENATE October 19, 2020
Leahy Rosen Udall Mr. SCHUMER. I ask for the yeas Ruthven, a beloved son of Ohio who
Manchin Sanders Van Hollen
Markey Schatz
and nays. passed away last week at the age of 95.
Warner
Menendez Schumer Warren
Mr. BOOZMAN. Is there a sufficient John Ruthven was a nationally rec-
Merkley Shaheen Whitehouse second? ognized wildlife artist and a naturalist
Murphy Smith Wyden There appears to be a sufficient sec- whose extraordinary artistic skills
Peters Stabenow
Reed Tester
ond. earned him numerous awards and other
The clerk will call the roll. recognitions. But it was John’s integ-
NAYS—48 The bill clerk proceeded to call the rity, his humility, his generosity, and
Alexander Ernst Perdue roll. personal warmth that led to so many
Barrasso Fischer Portman Mr. THUNE. The following Senators
Blackburn Gardner Risch
admirers.
Blunt Graham Roberts are necessarily absent: the Senator John never met a stranger, and even
Boozman Grassley Romney from Missouri (Mr. BLUNT), the Senator in these strident times, John never had
Braun Hawley Rounds from Arizona (Ms. MCSALLY), the Sen- an enemy. He was an eternal optimist
Burr Hoeven Sasse
Capito Hyde-Smith Scott (FL)
ator from Alaska (Ms. MURKOWSKI), the who looked for the best in people and
Cassidy Inhofe Scott (SC) Senator from Kentucky (Mr. PAUL), in doing so, brought out the best in ev-
Cornyn Johnson Shelby and the Senator from Florida (Mr. eryone.
Cotton Kennedy Sullivan RUBIO). John was a true son of Ohio who grew
Cramer Lankford Thune
Crapo Lee Tillis
Mr. DURBIN. I announce that the up in Cincinnati and, as a boy, was
Cruz Loeffler Toomey Senator from California (Ms. HARRIS), often found fishing and hunting and
Daines McConnell Wicker the Senator from Alabama (Mr. JONES), sketching along the Ohio River. He was
Enzi Moran Young the Senator from Virginia (Mr. KAINE), a lifelong patriot who was very proud
NOT VOTING—9 the Senator from Washington (Mrs. of his country and proud of having
Harris McSally Paul MURRAY), and the Senator from Ari- served his country as an 18-year-old
Jones Murkowski Rubio zona (Ms. SINEMA) are necessarily ab- sailor during World War II. He was gen-
Kaine Murray Sinema erous of spirit and generous in giving
sent.
The motion was rejected. The PRESIDING OFFICER (Mr. SUL- back to his community, contributing
The PRESIDING OFFICER. The LIVAN). Are there any other Senators in his time and artwork to literally hun-
Democratic leader. the Chamber desiring to vote? dreds of good causes.
MOTION TO ADJOURN The result was announced—yeas 48, John loved his family—his kids,
Mr. SCHUMER. Mr. President, our nays 42, as follows: Ricki and Kevin; his grandsons, Adam
Republican majority refused to con- [Rollcall Vote No. 202 Leg.] and Matt; and his great-grandsons, Wil-
sider the Supreme Court nominee of YEAS—48 liam, Jack, and Michael. He lost the
the duly elected Democratic President Alexander Ernst Perdue love of his life, Judy, just under a dec-
on the supposed principle that the Barrasso Fischer Portman ade ago. They were inseparable, and
American people should have a voice in Blackburn Gardner Risch they are now together.
Boozman Graham Roberts My wife Jane and I feel John’s pres-
selecting their next Supreme Court Braun Grassley Romney
Justice. Now they are moving forward Burr Hawley Rounds ence every day through his artwork
with a Supreme Court nomination Capito Hoeven Sasse that hangs on our walls at home and at
while the Presidential election is al- Cassidy Hyde-Smith Scott (FL) work. Here in my Washington, DC, of-
Collins Inhofe Scott (SC)
ready under way. Cornyn Johnson Shelby
fice, we displayed his painting ‘‘Eagle
This is the most rushed, most par- Cotton Kennedy Sullivan to the Moon,’’ for the past decade, a
tisan, least legitimate Supreme Court Cramer Lankford Thune masterpiece of natural painting signed
nomination process in our Nation’s his- Crapo Lee Tillis not just by John but also John’s good
Cruz Loeffler Toomey
tory—in our Nation’s entire history— Daines McConnell Wicker
friend, the famous astronaut Neil Arm-
and it should not proceed. Therefore, I Enzi Moran Young strong.
will move to adjourn the Senate until Each Ruthven painting has its own
NAYS—42
after the November 3 election with the story, and ‘‘Eagle to the Moon’’ is no
Baldwin Gillibrand Rosen
ability to come back into session if Bennet Hassan Sanders
exception. Ohio Governor James
there is a bipartisan agreement on a Blumenthal Heinrich Schatz Rhodes had commissioned John to
COVID relief package. Booker Hirono Schumer paint an eagle on the Moon in honor of
Therefore, I move to adjourn and Brown King Shaheen the Apollo 11 mission and Neil Arm-
Cantwell Klobuchar Smith
then convene for pro forma sessions Cardin Leahy Stabenow strong’s famous words, ‘‘The eagle has
only, with no business being conducted, Carper Manchin Tester landed.’’ John told the Governor there
at 12 noon on the following dates, and Casey Markey Udall were no eagles on the Moon, and as a
that, following each pro forma session, Coons Menendez Van Hollen naturalist painter, he refused to place
Cortez Masto Merkley Warner
the Senate adjourn until the next pro Duckworth Murphy Warren one there. Governor Rhodes insisted, so
forma session: Tuesday, October 20; Durbin Peters Whitehouse John—always a peacemaker—found a
Friday, October 23; Tuesday, October Feinstein Reed Wyden compromise. He painted a majestic
27; Friday, October 30; Tuesday, No- NOT VOTING—10 bald eagle flying past an Ohio buckeye
vember 3; Friday, November 6; that Blunt McSally Rubio tree—tying the eagle, therefore, to the
when the Senate adjourns on Friday, Harris Murkowski Sinema Earth and to Ohio—and put a glowing
November 6, it reconvene at 4:30 p.m., Jones Murray Moon in the background to please Gov-
Kaine Paul
Monday, November 9, and that fol- ernor Rhodes. The Governor could not
lowing the prayer and pledge, the The PRESIDING OFFICER. The mo- say no to such a beautiful portrayal,
morning hour be deemed expired, the tion to table was agreed to, and the de- and it is beautiful.
Journal of proceedings be approved to cision of the Chair stands. His paintings are displayed in the
date, the time for the two leaders be The Senator from Ohio. statehouse in Columbus and in thou-
reserved for their use later in the day, Mr. PORTMAN. Mr. President, I am sands of offices and living rooms all
and morning business be closed. glad we just voted down the motion by across Ohio and beyond. You will see
The PRESIDING OFFICER. That mo- the Democratic leader to adjourn be- his work when strolling through my
tion would require consent and is not cause we have work to do here, includ- hometown of Cincinnati, where the side
in order. ing the COVID–19 legislation that we of a downtown building displays a
MOTION TO TABLE need to be here to be working on. So I three-story high mural dedicated to
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Mr. SCHUMER. I appeal the ruling of am glad the motion to table was suc- Martha, the last passenger pigeon who
the Chair, and I move to table the ap- cessful. And, yes, we also have to fill a died at the Cincinnati Zoo. At age 88,
peal. vacancy on the Supreme Court. high on a rickety scaffolding in the Au-
The PRESIDING OFFICER. The TRIBUTE TO JOHN RUTHVEN gust heat, John Ruthven led the volun-
question is on the motion to table the Mr. President, I have come to the teers in creating that rendition of pas-
appeal. floor today to pay tribute to John senger pigeons, taking it from one of
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6059
his paintings. Those passenger pigeons, RESERVATION OF LEADER TIME UNITED STATES SENATE CHAMBER AND
once numerous and now extinct, are GALLERIES REGULATIONS
The PRESIDING OFFICER. Under
soaring through the air in a thick ADOPTED BY THE COMMITTEE ON RULES AND AD-
the previous order, the leadership time MINISTRATION ON OCTOBER 7, 2020, PURSUANT
flock, warning us all of the fragility of is reserved. TO RULE XXXIII OF THE STANDING RULES OF
nature.
THE SENATE
I will always feel John’s presence f
1.0 Scope—These regulations are applica-
personally when I am in the woods of ble only to the Senate Chamber and Gal-
CONCLUSION OF MORNING
Southern Ohio, where I had the privi- leries.
BUSINESS
lege of spending many hours with him 2.0 Definitions—For purposes of these reg-
hunting for edible wild mushrooms, The PRESIDING OFFICER. Morning ulations, the following terms have the mean-
hunting turkeys, and learning from an business is closed. ing specified.
accomplished naturalist who had sto- 2.1 Cloakroom means the two spaces, one
f assigned to the majority party and one as-
ries about every single tree, flower, and
signed to the minority party, adjacent to the
bird. It was a joy to learn from John. It EXECUTIVE SESSION Senate Chamber.
wasn’t a lecture; like every good teach- 2.2 Galleries means the ten seating gal-
er, John drew you in. leries located in the Senate Chamber.
John was called a modern-day James EXECUTIVE CALENDAR 2.3 Marble Room means the Senators
Audubon, and there were striking simi- meeting room adjacent to the Senate Lobby.
The PRESIDING OFFICER. Under 2.4 Senate Chamber means the space that
larities between the two. Both were
the previous order, the Senate will pro- encompasses the Senate Floor and Galleries.
naturalists, good hunters, artists, and 2.5 Senate Floor means the floor of the
ceed to executive session to resume
authors whose work was influential in Senate Chamber.
consideration of the following nomina-
teaching us about the natural world. 2.6 Senate Lobby means the hallway
tion, which the clerk will report.
Like Audubon, John was rightly recog- space adjoining the Senate Chamber to the
The bill clerk read the nomination of Marble Room.
nized as one of the most important am-
Michael Jay Newman, of Ohio, to be 2.7 Sergeant at Arms means the Sergeant
bassadors for nature of his time.
United States District Judge for the at Arms of the Senate.
Starting with his delivery of a hum- 3.0 Sergeant at Arms Chamber and Gal-
Southern District of Ohio.
mingbird to the Cincinnati Museum of leries Duties—The Sergeant at Arms of the
The PRESIDING OFFICER. The Sen-
Natural History at age 10, his name is Senate, under the direction of the Presiding
ator from Ohio.
on specimens he collected around the Officer, shall be the Executive Officer of the
world and donated to museums. Four f body for the enforcement of all rules made
Presidents commissioned painters from by the Committee on Rules and Administra-
John Ruthven, and his artwork is hung LEGISLATIVE SESSION tion for the regulation of the Senate Cham-
ber and Galleries.
in the galleries of the Smithsonian and 3.1 The Senate Floor shall be at all times
right here in the Halls of Congress. under the Sergeant at Arms’ immediate su-
Early in his career, John had the MORNING BUSINESS pervision, and the Sergeant at Arms shall
great honor of being selected as the Mr. PORTMAN. Mr. President, I ask see that the various subordinate officers of
artist for the annual Federal duck unanimous consent that the Senate the Office of the Sergeant at Arms perform
stamp. He has been featured in many proceed to legislative session for a pe- the duties to which they are especially as-
major magazines and documentaries. signed.
riod of morning business, with Sen- 3.2 The Sergeant at Arms shall see that
He received numerous awards and hon- ators permitted to speak therein for up the messengers assigned to the doors upon
ors, including from some of his favorite to 10 minutes each. the Senate Floor are at their posts and that
organizations like the Cincinnati Zoo, The PRESIDING OFFICER. Without the Senate Floor, Cloakrooms, and Senate
the Cincinnati Nature Center, the Mu- objection, it is so ordered. Lobby are cleared at least five minutes be-
seum Center, and so many others. fore the opening of daily sessions of all per-
f sons not entitled to remain there.
One accolade John was most proud of
3.3 In the absence of the Sergeant at
was when he and his wife Judy were in- NOTICE OF INTENT TO SUSPEND Arms the duties of the office, so far as they
ducted into the Brown County Hall of THE RULES pertain to the enforcement of the rules, shall
Fame. Judy and John had a beautiful devolve upon the Deputy Sergeant at Arms.
farm and an art gallery in Brown Coun- Mr. SCHUMER. Mr. President, I sub- 4.0 Messengers Acting as Assistant Door-
ty, 50 miles east of Cincinnati. They mit the following notice in writing: keepers—The messengers acting as Assistant
developed lifelong friendships there In accordance with Rule V of the Doorkeepers shall be assigned to their duties
and dedicated time and energy to their Standing Rules of the Senate, I hereby by the Sergeant at Arms.
give notice in writing that it is my in- 5.0 Assignment of Majority and Minority
adopted home, leading to the restora-
tention to move to suspend rule XIV, Secretaries—The secretary for the majority
tion of the historic courthouse in and the secretary for the minority shall be
Georgetown, OH, and preserving and Paragraphs 1, 2, and 3, for the purpose
assigned, during the daily sessions of the
promoting the boyhood home of Ulys- of proposing and considering S. 4800,
Senate, to duty upon the Senate Floor.
ses S. Grant, one of John’s heroes. the Heroes Act, including same day 6.0 Use of the Senate Chamber—When the
In 2004, I was with John and Presi- consideration. Senate is not sitting in session or otherwise
using the Chamber for some function of the
dent George W. Bush at the White f
Senate, no Senator shall seat any person or
House when he became the first wild-
U.S. SENATE CHAMBER AND persons in chairs of Senators other than the
life artist ever to receive the National chair assigned, no other persons shall seat
Medal of the Arts, the highest honor GALLERIES REGULATIONS anyone in a chair of a Senator; and lectures,
that can be bestowed upon an artist. Mr. BLUNT. Mr. President, in ac- talks, or speeches shall not be given at such
Until his death, John continued to cordance with rule 23 of the Rules of times to groups on the Senate Floor by Sen-
paint every day at his home studio. He Procedure of the Committee on Rules ators or others except for the purpose of ex-
still had a number of commissions he and Administration and pursuant to plaining the Chamber.
7.0 Use of the Marble Room—No persons
was working on. For countless young Senate Rule XXXIII, on October 7, 2020, shall be admitted to the Marble Room except
artists and lovers of nature, he was and the Committee on Rules and Adminis- Senators.
will continue to be a true inspiration. tration adopted the ‘‘United States 8.0 Use of the Cloakrooms—No persons
As we mourn our loss, we take heart Senate Chamber and Galleries Regula- shall be admitted to the Cloakrooms except
in knowing that we will all continue to tions,’’ which supersede and replace the those entitled to the privileges of the Senate
ctelli on DSK11ZRN23PROD with SENATE
feel his presence, that John Ruthven current ‘‘Rules for Regulation of the Floor under the Rule XXIII of the Standing
will live on through his masterful art- Senate Wing of the United States Cap- Rules of the Senate.
9.0 Use of the Senate Lobby—No persons
work, his loving family, and all he did itol and Senate Office Buildings.’’ shall be admitted to the Senate Lobby ex-
to advance the cause of appreciating There being no objection, the mate- cept those entitled to the privileges of the
and protecting the natural world. rial was ordered to be printed in the Senate Floor under the Rule XXIII of the
I yield the floor. RECORD, as follows: Standing Rules of the Senate.
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