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Congressional Record, December 8, 2020 — Senate

Summary

This is page S7273 of the Congressional Record, Senate, December 8, 2020. It prints the end of a tribute to Senator Paul Sarbanes that mentions the Sarbanes-Oxley Act of 2002, the HOME Program and his work on the Banking, Housing, and Urban Affairs Committee, followed by remarks from Mr. Cardin, who thanks colleagues for their tributes to Senator Paul Sarbanes. Under Coronavirus, Mr. Portman states that this is the 20th time he has come to the floor to speak about the need to pass a COVID–19 bill, that a bipartisan group of about five Democrats and about five Republicans is working on a package, and that the White House apparently made an offer to Speaker Pelosi to reengage in conversation. Mr. Portman also describes the rise in cases, intensive care patients and hospitalizations.

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“Congressional Record, December 8, 2020 — Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-08-crec-2020-12-08-pt1-pgs7273-cc157a85bb/, SHA-256 212c8fea381ede0a3775c745cc20d0cd82f17522858c2dc0a4354ee05b637d34.

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                                               December 8, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                S7273
                                                 Paul Sarbanes spent 30 years in this                  gram and was one of the chief sup-                       I yield the floor.
                                               Chamber doing what he knew was                          porters of improvements to our Na-                       I suggest the absence of a quorum.
                                               right. In that time, he built a legacy                  tion’s public housing programs during                    The PRESIDING OFFICER. The
                                               most could not achieve in two life-                     his Senate tenure.                                     clerk will call the roll.
                                               times.                                                    Senator Sarbanes also recognized the                   The senior assistant legislative clerk
                                                 Paul’s work on banking, the econ-                     essential role that public transpor-                   proceeded to call the roll.
                                               omy, housing, transportation, and so                    tation plays in bringing communities                     Mr. PORTMAN. Mr. President, I ask
                                               many other issues had a profound and                    together, fostering economic develop-                  unanimous consent that the order for
                                               significant impact on our country. But,                 ment, and promoting a cleaner envi-                    the quorum call be rescinded.
                                               more importantly, his work had a di-                                                                             The PRESIDING OFFICER. Without
                                                                                                       ronment. As ranking member of the
                                                                                                                                                              objection, it is so ordered.
                                               rect impact on so many families whose                   Banking Committee, he led the effort
                                               lives were made better because of his                   to reauthorize the Nation’s transit pro-                                 f
                                               unsung efforts over three decades.                      grams and the fight to ensure that                                  CORONAVIRUS
                                                 I had the distinct honor of serving                   transit received its fair share of fund-                 Mr. PORTMAN. Mr. President, I am
                                               with Senator Sarbanes and working di-                   ing.                                                   here on the floor today to talk again
                                               rectly with him on the Banking, Hous-                     Time after time, Paul Sarbanes did                   about the need for Congress to act to
                                               ing, and Urban Affairs Committee and                    the right things for the right reasons.                pass a COVID–19 bill that helps the
                                               the Joint Economic Committee.                           He could not care less whether he got                  people we represent. I am told this is
                                                 Senator Sarbanes was a constant and                   the credit, the press, or the fanfare. His             the 20th time I have come to the floor
                                               steady champion of commonsense fis-                     primary motivation was simply know-                    to make this plea, meaning that I
                                               cal policies to help create jobs, expand                ing that he made a meaningful dif-                     haven’t been all that convincing, I
                                               our economy, and increase consumer                      ference in the lives of his constituents               guess.
                                               and investor protections. Indeed, he                    and the American people, and, in this                    But the reality is there is hope in the
                                               used his power and influence to help                    regard, there are few who are as accom-                air. There is a bipartisan group that is
                                               those with the least power and influ-                   plished as Paul Sarbanes.                              working on a package. I am part of
                                               ence in our society, which is a hall-                     His keen intellect, his extensive                    that group, as is the Presiding Officer.
                                               mark of our finest public servants. And                 knowledge of the issues, and his con-                  It is bipartisan: about five Democrats,
                                               Paul still remains one of our finest                    cern for Americans across this great                   about five Republicans.
                                               public servants—indeed, one of the fin-                 country all contributed to his impres-                   Maybe more significantly, today the
                                               est of the finest.                                      sive body of legislative accomplish-                   White House apparently made an offer
                                                 Many would agree that the Sarbanes-                   ments.                                                 to Speaker PELOSI to reengage in con-
                                               Oxley Act of 2002 stands among his best                   Now, I had the occasion to speak                     versation to try to get to a package
                                               work. Responding to a number of major                   with JOHN SARBANES, Congressman                        that meets the needs of everyone. The
                                               corporate accounting scandals, Senator                  from Maryland, who is carrying on the                  package that was presented was actu-
                                               Sarbanes’ legislation began the process                 proud tradition of the Sarbanes family,                ally very similar to the package that
                                               of trying to restore investor confidence                and he said his dad was best described                 this bipartisan group has been working
                                               in corporate America and our securi-                    as a workhorse, not a show horse, and                  on over the past few weeks. So there is
                                               ties markets. Eighteen years later, this                that is right. Paul Sarbanes did the                   hope in the air, and that is good be-
                                               law continues to be a critical pillar of                work of the people. He did not try to                  cause we need the help, and we need it
                                               our financial system.                                   garner the praise and the acclaim; he                  now.
                                                 During his tenure as chair of the                     just wanted to make sure the work was                    Let’s talk for a minute about why we
                                               Joint Economic Committee in the late                    done and done well. And he did                         need this help. I would guess that pret-
                                               eighties and early nineties, Paul                       throughout his entire career.                          ty much everybody in this Chamber
                                               framed many of the important eco-                         My best wishes go to Paul’s family,                  has seen firsthand the health crisis
                                               nomic issues and debates that the                       including his sons Michael Sarbanes                    that we are facing. The number of
                                               country was experiencing at the time.                   and Representative JOHN SARBANES; his                  cases is up. The number of people in in-
                                               He held timely hearings on income in-                   daughter Janet Sarbanes; and his                       tensive care is up. Hospitalizations are
                                               equality, trade deficit, and unemploy-                  grandchildren. They have lost a father                 up. And, sadly, fatalities have in-
                                               ment during a time at which the coun-                   and a grandfather. The country has                     creased.
                                               try was only beginning to come to                       lost one of its greatest champions. And                  Some of my colleagues in this Cham-
                                               grips with the notion that there needed                 I have lost a dear and precious friend.                ber have had to fight cases of COVID–
                                               to be a different direction in our econ-                  May he rest in peace.                                19 themselves. Thank God they are all
                                               omy.                                                      I yield the floor.                                   OK. But that is not true with everyone
                                                 Unfortunately, our Nation is now                        The PRESIDING OFFICER. The Sen-                      we represent. I would bet that everyone
                                               battling a pandemic that is furthering                  ator from Maryland.                                    in this Chamber knows somebody and
                                               economic inequalities, and both the                       Mr. CARDIN. Mr. President, on be-                    probably multiple people who have had
                                               Senate and the country could use and                    half of Senator VAN HOLLEN and my-                     a very tough time or who have even
                                               greatly misses Senator Sarbanes’                        self, I want to thank our colleagues for               succumbed to this terrible disease.
                                               thoughtfulness, incisiveness, and com-                  their tribute to Senator Paul Sar-                       Last week, another friend of mine
                                               passion during these difficult times.                   banes—Senator STABENOW and Senator                     died because of COVID–19. His name
                                                 Senator Sarbanes was also one of our                  REED. I know that Senator SCHUMER                      was Mike Crabtree. Mike was a county
                                               Nation’s greatest champions for afford-                 and Senator DURBIN have spoken on                      commissioner in Scioto County, OH—a
                                               able housing. He fought his entire ca-                  the floor. Many of us have and many                    friend, a standup guy who helped me on
                                               reer for our Nation’s working families,                 have     expressed   their    condolences              a lot of tough issues in Southeast Ohio.
                                               trying to make it possible for more                     through our office to the family. We                   He was always there for his community
                                               families in our country to have decent,                 just want to express our appreciation.                 and for me. Today, of course, we offer
                                               safe, and affordable housing.                             As Senator VAN HOLLEN said, I had                    our prayers to his wife Diane, his fam-
                                                 Most notably, Paul was one of the                     the honor—or the challenge—to follow                   ily, and to all of his friends in Scioto
                                               original authors of the Home Invest-                    Senator Sarbanes in this body. I have                  County.
                                               ment Partnerships Program, known as                     his seat in the Senate. When I was                       It is personal. In the face of these
                                               the HOME Program. This program has                      sworn in almost 14 years ago, Senator                  personal tragedies and the sad reality




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                                               provided critical funding to our Na-                    Sarbanes escorted me to take the oath                  that in many States we are now experi-
                                               tion’s States and localities, helping                   of office. As I mentioned earlier, he is               encing this higher number of cases—in
                                               them maintain or expand their supply                    an inspiration to all of us.                           many States it is the highest we have
                                               of affordable housing for many Ameri-                     I want to thank our colleagues for                   had since the beginning of this pan-
                                               cans.                                                   the tribute they have paid to an out-                  demic—we do have some promising
                                                 Paul also fought aggressively for                     standing Marylander, an outstanding                    news on one front, and that is on the
                                               funding of the section 8 voucher pro-                   American, and he will be missed by all.                vaccine front.



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                                               S7274                                             CONGRESSIONAL RECORD — SENATE                                                   December 8, 2020
                                                 It now seems clear that later this                    of Americans saying they were com-                     ment, on businesses, on schools, on
                                               month, and then over the next 3 to 4                    fortable getting the vaccine. That                     nonprofits, and, yes, on State and local
                                               months, help is on the way in the form                  number in last couple of weeks has                     governments. As I see it, our job is to
                                               of very effective new vaccines being de-                gone up to 58 percent. It is heading in                provide that bridge so that the eco-
                                               veloped by Pfizer, Moderna, Johnson &                   the right direction.                                   nomic rebound that we have begun to
                                               Johnson, AstraZeneca, and other U.S.                      We need people to understand that                    see can continue.
                                               manufacturers.                                          this is based on science. These vaccines                 I am concerned that the recovery we
                                                 The unprecedented support that Con-                   are like the vaccine for smallpox or                   have seen, which has been called a K-
                                               gress has provided for vaccine develop-                 polio or measles—virtually, wiping out                 shaped recovery—you know, you like
                                               ment, the Trump administration’s in-                    these diseases in this country. My dad                 to see a recovery come in a V-shape,
                                               novative approach to cut bureaucratic                   had polio as a kid. Now people don’t                   where you have a recession, you lose
                                               redtape through what is called Oper-                    even talk about it. That is because of                 jobs and economic growth, and then it
                                               ation Warp Speed, and the commit-                       the vaccine. They work. We have to                     comes back up the way it went down.
                                               ment and ingenuity of our researchers                   view it that way.                                      It is called a V-shape. This has been
                                               who have been working around the                          It is not like the flu vaccine, frankly.             more like a ‘‘K.’’
                                               clock, our scientists, and our manufac-                 The flu vaccine is only effective about                  For some people, it has been OK. If
                                               turers have combined to put us on a                     one-third of the time. These, what they                you are a big-box hardware store or
                                               path to having multiple vaccines, at                    call efficacy rates, meaning how effec-                grocery store in America, you are prob-
                                               unprecedented speed, with efficacy                      tive it is, have come in at 90, 95 percent             ably doing pretty well right now. If you
                                               rates above 90 percent.                                 and higher. So we will see what the                    are a small business, say, a small retail
                                                 This is incredible. This is good news.                FDA says here in the next couple of                    store or sitdown restaurant next to
                                               Safe, effective vaccines are expected to                weeks.                                                 those big boxes, you are not doing OK.
                                               be available to frontline healthcare                      I am encouraged that we are likely to                You may already be closed down. Your
                                               workers, first responders, long-term                    get some approvals and likely to begin                 employees may already be unemployed.
                                               care facilities, and others just in the                 being able to provide these vaccines for               If not, you are hanging by a thread and
                                               next few weeks. This is good news.                      those on the frontlines, for those in                  hoping and praying that Congress
                                                 Within the next few months, we                        long-care facilities, for our first re-                passes legislation to help you.
                                               would expect that these vaccines would                  sponders, and then out from there to                     It has been different for different
                                               be more broadly available, and hope-                    the entire population.                                 people. If you have a blue-collar job,
                                               fully by March, maybe April, pretty                       Because these vaccines won’t be                      you can’t telework. If you are in the fi-
                                               much everybody would be able to find a                  widely available for 3 or 4 months, we                 nancial services industry, you are prob-
                                               way to get that vaccine, free, for them                 need to act here and act now to provide                ably doing OK, but if you work in a
                                               and for their family. That has to be our                a bridge to more normal times. That is                 kitchen making 15 bucks an hour, you
                                               goal here, as quickly as possible, to get               really how I see it. This is a short-term              are probably not. So it is different for
                                               safe, effective vaccines.                               emergency response to a desperate                      different people in different sectors of
                                                 I am concerned—as some of my col-                     need we have right now as cases are                    our economy. I get that. For some,
                                               leagues know, because I talk about it a                 rising and the economic consequences                   again, they are doing OK; for others,
                                               lot—that the number of people who say                   are being felt in every family in Amer-                they are really struggling.
                                               they are willing to get the vaccine is                  ica—more and more pain.                                  Poverty, overall, is up because of
                                               too low. That is one reason I entered                     My hope is that Congress will make                   what is happening, and this is sad to
                                               one of the trials myself. I am in the                   good on the promise we have seen over                  me. And we can see it in our commu-
                                               Janssen J&J trial. I either got the vac-                the last couple of weeks, where Repub-                 nities. Go to your local food bank, see
                                               cine or I got a placebo—I don’t know—                   licans and Democrats, alike, have come                 how many cars are lined up, how many
                                               but I did it to be able to go out and                   together to say we do have a lot of                    people are waiting for 3, 4, 5, in Ohio,
                                               talk about it and tell people that these                common ground here; we actually                        sometimes 6 hours just to get food for
                                               scientists, these experts, the people                   agree on most of this stuff. Who                       their families.
                                               with the white coats, not the politi-                   wouldn’t be for more money for vac-                      Before the pandemic hit, we had very
                                               cians, are the ones calling the shots                   cines and distribution? We need that.                  strong economic growth. I think the
                                               here on these vaccines and they are                     Who wouldn’t be for more money for                     pro-growth policies that were put in
                                               being safe and they are being careful.                  small businesses? Who wouldn’t be for                  place here in Congress really helped.
                                                 It is going through a process at the                  more money for people who are losing                   The tax reform, the tax cuts, the regu-
                                               FDA, the Food and Drug Administra-                      their jobs through no fault of their                   latory relief, using our energy—it all
                                               tion, that is actually more stringent                   own? They are struggling to pay the                    was working. We were having a period
                                               than it was pre-COVID. To get this                      rent and pay their car payment. That                   of growth that was strong, but also it
                                               emergency use authorization, they                       is what this legislation can do. I am ex-              was a very ‘‘opportunity’’ economy.
                                               have to go through more testing, and                    cited about that possibility.                          People who had been on the sidelines
                                               they have to show efficacy rates above                    Meanwhile, in the first week of De-                  for years were coming back into our
                                               50 percent, which they normally                         cember, we have lost 13,726 Americans                  economy. A lot of the benefits were
                                               wouldn’t. That is good. We want it to                   to COVID–19 compared to half that                      being felt by lower and middle-income
                                               be safe.                                                many in the first week of November. In                 workers.
                                                 Even with all that hard work that is                  1 month, we have had a doubling of the                   Let me give you an example. In Feb-
                                               being done, all those scientists and re-                number of fatalities. At no point in                   ruary of this year, just before the pan-
                                               searchers working around the clock,                     time during this pandemic have we                      demic started, we had 19 straight
                                               there are some Americans who are un-                    seen daily mortality rates like this, ex-              months of wage growth of over 3 per-
                                               willing and concerned. Part of this is                  cept in the early days in March and                    cent. That is fantastic. We have been
                                               because some politicians, I think, have                 April when New York and New Jersey                     wanting that for a decade and a half in
                                               played politics with this, and I hate                   hospitals were being overrun. We have                  Ohio. We had flat wages, even not keep-
                                               that—as if, somehow, in the Trump ad-                   a real crisis.                                         ing up with inflation. Finally, we were
                                               ministration, this wouldn’t be trusted.                   Of course, this healthcare crisis is                 seeing wage growth. That 3 percent was
                                               Of course, this is not a political game.                having a direct impact on the economy                  compounding and was really helping
                                               This is about saving lives.                             too. Even with these vaccines on the                   people feel like if they worked hard




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                                                 I am encouraged by the process that                   horizon, it is clear we have to do more                and played by the rules, they could get
                                               we have seen. I hope people will sign                   to help the economy get through this                   ahead. Sadly, when the coronavirus
                                               up. When I got into the trial, the Gal-                 period of time before we are back to                   hit, that ended.
                                               lup poll that is being done periodically                more a normal time.                                      Before the coronavirus, the national
                                               to determine whether people are saying                    We have to help, in the short term, to               poverty rate was the lowest in the his-
                                               whether they are willing to take it or                  address the impact this healthcare cri-                tory of America. In February, it was
                                               not was at 50 percent—only 50 percent                   sis is having on families, on employ-                  10.5 percent, the lowest rate since we



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                                               December 8, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                 S7275
                                               started tracking this statistic more                      We saw with last week’s jobs report                  employed, that helps gig economy
                                               than 60 years ago. That is the poverty                  that hiring is slowing down, meaning                   workers, people who would not nor-
                                               rate. That is incredible. That is what                  that more people may slip out of the                   mally be eligible for unemployment to
                                               we all want.                                            labor force. In all, we are still down 10              be able to step forward and get unem-
                                                 After the initial wave of layoffs in                  million jobs in America since Feb-                     ployment insurance, is going to end at
                                               the spring, Congress passed the bipar-                  ruary.                                                 the end of this month. That is some-
                                               tisan CARES Act. That was 9 months                        Some of my colleagues said to me:                    thing a lot of my constituents in Ohio
                                               ago—9 months ago. It included pro-                      My town is doing great or my State is                  have been depending on if they have
                                               grams like the stimulus checks and ex-                  doing great or this industry is doing                  lost their jobs through no fault of their
                                               panded unemployment insurance. It ac-                   great. I get that. It is a K-shaped re-                own.
                                               tually helped drive the poverty rate                    covery. For some people, it is going                     The pandemic emergency employ-
                                               down for a while.                                       well. The fact is that 10 million peo-                 ment compensation program that au-
                                                 Since then, this continual economic                   ple—10 million people—that is how                      thorizes another 13 weeks of State ben-
                                               pain felt particularly by low- and mid-                 many jobs we are down since February.                  efits, helped by the Federal tax dollar,
                                               dle-income Americans, combined with                       A further slowdown in the economy                    ends at the end of this month.
                                               the lack of action on our part here in                  is going to be tough for these long-                     Of course, there is a moratorium on
                                               Congress to help them, has meant the                    term unemployed. My concern is some                    evictions that ends at the end of this
                                               poverty rate has actually gone back up                  may never reenter the workforce with-                  month.
                                               since May by a significant amount. It                   out action here to help businesses start                 The bottom line is that the people,
                                               now sits at 11.4 percent. That means                    hiring again. Some of the hardest hit                  State and local governments, the in-
                                               that 7 million more Americans have                      industries in our States, like the trav-               dustries, the sectors of our economy
                                               fallen into poverty since the spring—7                  el, leisure, hospitality industries, are               that have been hardest hit to date by
                                               million.                                                facing real losses.                                    the economic crisis caused by COVID–
                                                 When you fall into poverty, it is hard                  Our airline industry is expected to                  19 are going to be the ones who are
                                               to get back out. As long as this econ-                  cut the equivalent of about 90,000 jobs                likely to be hurt most by a continued
                                               omy remains partly shut down—in                         by the end of this year—90,000 jobs                    economic slowdown.
                                               some of our States, it is largely shut                  alone in the airline industry. I spoke to                As I said, these are problems that,
                                               down if you are in the hospitality busi-                the president of American Airlines                     right now, can only be fixed by all of us
                                               ness or travel business. As long as this                today. They are big in Ohio. He called.                stepping forward. Congress needs to
                                               happens and we can see more shut-                       Guess what. He is really eager for us to               take action and take action now. We
                                               downs in the coming weeks and                           pass this coronavirus legislation we are               have about a week. We have about a
                                               months, of course, as this crisis con-                  talking about. He is really eager be-                  week.
                                               tinues to worsen, we will see poverty                   cause he needs it desperately to hold                    Fortunately, again, I am pleased to
                                               levels rise unless we provide some re-                  on to his employees. He doesn’t want                   say that the proposal that is in the
                                               lief.                                                   to furlough any more people, but he                    works on a bipartisan basis here in the
                                                 Along with the rising poverty rate,                   doesn’t have the business to keep them                 Senate is going to help. It has a total
                                               what is concerning to me is the fact                    working.                                               price tag of $908 billion, and you have
                                               that more and more people are just giv-                   According to a November survey                       all heard that, probably, if you have
                                               ing up hope. There is a stat called the                 from the American Hotel and Lodging                    been following what has been going on
                                               labor force participation rate. It is the               Association, more than 70 percent of                   with this continuing negotiation.
                                               share of Americans who are over 16                      hotels have said that they won’t be                      It helps everybody. It helps individ-
                                               years old, either working or looking for                able to stay in business another 6                     uals; it helps families; it helps small
                                               a job. In February, we hit a 5-year high                months without more assistance—70                      businesses; it helps industries; it helps
                                               for labor force participation. That is a                percent. Almost 80 percent said they                   those who have been the hardest hit—
                                               good thing. In other words, we had                      had to lay off more people.                            with targeted resources. It is focused.
                                               more people participating in the work-                    Our restaurant industry lost jobs in                 It is targeted. It is not the $3.5 trillion
                                               force than we had in 5 years.                           November for the first time since                      legislation that has been talked about
                                                 Unfortunately, it has gone back                       April. It is a worrying sign that while                over the last several months. It is tar-
                                               down. It was up to 63.4 percent. Now it                 restaurants were starting to pick up,                  geted. It is focused. Actually, although
                                               is down to 61.7 percent. The October                    things were getting better, in Novem-                  it is $908 billion, it is really more like
                                               number works out to a labor force that                  ber, because of the news of the high                   $350 billion because it takes back
                                               has nearly 4 million fewer participants                 level of cases and the concern people                  money that was spent in the CARES
                                               than it did in February. Just people                    had about going out in public and also,                Act, which was appropriated by this
                                               participating in the economy has gone                   in some States, because of a govern-                   Congress but not used, and repurposes
                                               down.                                                   ment edict saying you can’t go—in                      it for these purposes. So I think it is a
                                                 Why do we need this package? We                       some places, they even said you can’t                  focused, targeted effort that will really
                                               have a real problem on our hands. It is                 have outdoor dining anymore, not just                  help.
                                               a healthcare crisis, but it is also an                  indoor dining. Think of what this does                   Again, what is exciting about it is
                                               economic crisis for so many people.                     to those restaurants, most of which are                that, today, there was a proposal made
                                                 Unfortunately, a record number of                     small businesses, family-owned, and                    that says we have this bipartisan
                                               women and older Americans are also                      were already stressed. Some of those                   framework, which is very similar, ap-
                                               having to leave the workplace due to                    restaurants have closed their doors. I                 parently, and my hope is that the
                                               either a lack of opportunity or the                     know some of them are never going to                   Speaker of the House, the majority
                                               need to stay home with their kids. For                  reopen again. It is not just restaurants.              leader here in the Senate, the Demo-
                                               a lot of women, not having childcare is                 It is bowling alleys; it is movie thea-                cratic leader here in the Senate, the
                                               a real problem because the schools are                  ters; it is the place you get your hair                Republican leader in the House, and
                                               closed. This is driving people out of the               cut. A lot of them are suffering.                      the President of the United States can
                                               workforce as well. This is bad news for                   A lot of these challenges are going to               all figure out how to get together and
                                               businesses trying to reopen, but it is                  get worse soon because the number of                   make this work. This bipartisan pro-
                                               also bad news for our long-term eco-                    the programs we put in place in this                   posal that we have been working on
                                               nomic health.                                           pandemic to help provide relief for peo-               here, I think, does provide a good tem-




SSpencer on DSK126QN23PROD with SENATE
                                                 People who can’t find a way off the                   ple struggling are going to expire. That               plate. By the way, all of those actors I
                                               sidelines right now won’t be able to                    is another reason we have to act.                      talked about—all of those players—
                                               help power the eventual economic re-                      At the end of this year—actually, the                have said good things about the pro-
                                               covery we all hope for, and they will                   day before Christmas—we are going to                   posal.
                                               miss out on the economic recovery                       see some of these programs begin to ex-                  It has funding in there to extend the
                                               that does happen. It is a bad position                  pire. The pandemic unemployment as-                    Paycheck Protection Program for
                                               to be in.                                               sistance program that helps the self-                  small businesses. It targets those small



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                                               S7276                                             CONGRESSIONAL RECORD — SENATE                                                    December 8, 2020
                                               businesses that need the help the most.                 lier, there is a light at the end of the                 Everyone who serves in this Chamber
                                               It is really more targeted this time. It                tunnel for the health side of this crisis,             takes an oath to support and defend
                                               is targeted relief for some of our hard-                and our proposal that I have been talk-                our Constitution. That remarkable
                                               est hit industries, including our air-                  ing about also helps us get there be-                  document begins with three words TOM
                                               lines and our mass transit industry.                    cause it has more funding for vaccine                  lives by, ‘‘We the People.’’
                                                 It includes funds to help those Amer-                 development and vaccine distribution.                    That commitment to our Constitu-
                                               icans who have lost their jobs through                  I talked today to some experts in that                 tion was put to the test in early 2019
                                               no fault of their own—the unemploy-                     area who know a lot more about it                      when the President issued an emer-
                                               ment insurance extension that I talked                  than I do, and they said it is necessary.              gency declaration that diverted $ 3.6
                                               about earlier. As a bridge to normalcy,                 We actually have to provide more fund-                 billion from 127 military construction
                                               we need this funding. It provides funds                 ing to keep the vaccine train moving so                projects that Congress duly approved
                                               for State, local, and Tribal govern-                    that, by March and April, we will have                 and funded and the President had
                                               ments based on their revenue shortfalls                 it widely available. Again, my hope is                 signed into law. TOM stood strong
                                               or their expenses due to COVID—in                       that Americans will step up and be vac-                against this clear violation of the sepa-
                                               other words, needs-based.                               cinated.                                               ration of powers doctrine that is so
                                                 We are also working on commonsense                      By the way, there is also bipartisan                 vital to our enduring Republic, and I
                                               liability reforms to give businesses,                   legislation that four of us introduced                 was proud to stand with him.
                                               nonprofits, schools, healthcare pro-                    last    week—two      Republicans,    two                In a powerful floor statement on the
                                               viders, religious organizations, and                    Democrats—to provide for a public                      resolution we introduced to overturn
                                               others the legal protection they need                   service campaign, not with politicians                 the emergency declaration, TOM got
                                               to reopen with the confidence that                      talking about the importance, as I am                  right to the point. He said:
                                               they are not going to be subjected to                   doing tonight, but with the experts                      This is no longer about the president’s
                                               frivolous lawsuits that could put them                                                                         wall. This is not about party. This is about
                                                                                                       talking about why the science says
                                                                                                                                                              protecting the very heart of our American
                                               out of business. That is really impor-                  that it is a good idea to get vac-                     system of governance. Congress—and only
                                               tant because getting these businesses                   cinated—again, just like we do for                     Congress—holds the power of the purse.
                                               back up and running is a critical part                  smallpox or polio or the measles.                         TOM also made clear that this en-
                                               of getting our economy through these                      Will another COVID–19 bill solve                     croachment upon Congress’s authority
                                               next few months. In my view, these                      every problem we face right now? No,                   was not an isolated incident but part of
                                               protections are essential.                              but we could do a lot with this proposal               a dangerous pattern Congress has per-
                                                 I am hopeful that both sides can now                  to help the most vulnerable individuals                mitted over many decades and under
                                               come together and find common                           just get by for the next several months                many Presidents. And make no mis-
                                               ground on liability protections that we                 rather than slip into poverty, rather                  take—the hyperpartisanship that af-
                                               can all support. Several of my col-                     than miss out on mortgage payments                     flicts Congress far too often aids and
                                               leagues are working on a proposal here,                 or miss out on their rent, miss out on                 abets this lamentable historical trend.
                                               right now, in the U.S. Senate. All of                   their car payments, and other bad out-                 By pursuing a bipartisan response to
                                               this gives us hope that we will have                    comes. We can help the most vulner-                    this Executive overreach, TOM helped
                                               better days around the corner.                          able businesses keep their lights on and               to make real progress in defending the
                                                 By the way, this proposal is not what                 their employees on payroll. Frankly,                   separation of powers.
                                               any of us would write. It is not the pro-               this is work we should have been doing                    It has been a pleasure to work with
                                               posal I would write. It is not the pro-                 months ago, but we are here now. Let’s                 Tom on many other issues over the
                                               posal our Presiding Officer, who is here                get it done.                                           years. From land conservation and en-
                                               in the Chamber, would write. Person-                      My hope is that we can end this year                 vironmental protection to rural health
                                               ally, I would put more emphasis on tax                  by recapturing that spirit of biparti-                 care and pandemic relief, he has been
                                               incentives for hiring. We have some                     sanship that was on display in March                   an informed and effective legislative
                                               good proposals for that. I would put tax                of this year when we passed the CARES                  partner.
                                               incentives in place to get businesses to                package here in the U.S. Senate by a                      TOM leaves the Senate with an im-
                                               reopen safely—one called the healthy                    vote of 96 to nothing. That doesn’t hap-               pressive record of accomplishments.
                                               workplaces tax credit so they could get                 pen very often. The CARES Act was                      Even more important, he leaves a leg-
                                               compensated for putting up the parti-                   not a perfect bill either, but we all rec-             acy of reverence for our Constitution
                                               tions or for having the PPE and pro-                    ognized it was a bill needed for the mo-               and courage in defending it. I thank
                                               viding safer work environments. I                       ment. I hope we can also recognize that                him for his service to the people of our
                                               would expand the work opportunity tax                   another bill is needed now even if it is               Nation and wish him well in the years
                                               credit to help those, again, who are on                 not perfect. Let’s build on the bipar-                 to come.
                                               the sidelines in order to bring them                    tisan proposal we have put forward,                                      f
                                               back to work through a credit. I would                  and let’s ensure that the people we rep-
                                               help with regard to the employee re-                    resent get the targeted economic relief                  REMEMBERING ERNIE BAPTISTA
                                               tention credit, which was in the                        they desperately need in the coming                    ∑ Mr. WHITEHOUSE. Mr. President,
                                               CARES Act, that could pick up some of                   months.                                                we recently lost a great Rhode Is-
                                               these companies that aren’t picked up                     Folks, let’s not leave for the holidays              lander, Ernie Baptista.
                                               by the PPP program, companies that                      until we have done that.                                 Ernie was immensely successful in
                                               have slightly more employees, let’s                       I yield the floor.                                   his professional life; his wise counsel
                                               say, so that they don’t otherwise qual-                                   f                                    was sought not just around the country
                                               ify.                                                                                                           but around the globe. Ernie was also a
                                                 So there is more I would like to do,                        TRIBUTE TO TOM UDALL                             civic-minded community leader at
                                               but do you know what? This proposal is                    Ms. COLLINS. Mr. President, when                     home, with a passion for politics. He
                                               needed. It is needed so badly that, of                  Senator TOM UDALL announced last                       immersed himself in Rhode Island’s po-
                                               course, all of us, regardless of our par-               year that he would not seek reelection,                litical whirl, where he was well liked
                                               ticular interests or our particular                     he said, ‘‘The worst thing anyone in                   and well regarded by people of many
                                               ideas, know it is right, and all of us                  public office can do is believe the office             different political perspectives. Ernie’s
                                               should get behind it. Let’s not make                    belongs to them, rather than to the                    keen insight and advice was relied
                                               the perfect the enemy of the good—I                     people they represent.’’ Throughout his




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              upon by many candidates, including
                                               would even say the enemy of the nec-                    more than three decades of service to                  myself and Senator REED. We both
                                               essary. Targeted relief now, I think, is                his State and to our Nation, TOM has                   treasured Ernie’s quick wit, sharp in-
                                               the right approach.                                     demonstrated time and again his ad-                    tellect, and great sense of humor. He
                                                 Most importantly, all of these sig-                   herence to that principle. As New                      was bright, insightful, and loyal and al-
                                               nificant economic problems I laid out                   Mexico’s attorney general, Congress-                   ways provided wise counsel.
                                               and the healthcare crisis I laid out                    man, and Senator, he has always treat-                   Ernie enjoyed the good things in life:
                                               need to be addressed now. As I said ear-                ed public office as a public trust.                    good friends, good meals, and good



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