Pandemic Darlings The pandemic economy, in original documents
Home Source documents Congressional Record, December 11, 2020 — Senate

Congressional Record, December 11, 2020 — Senate

Summary

A page of the Congressional Record, Senate, dated December 11, 2020, beginning at page S7437, in a long document. The Senate resumes consideration of the conference report to accompany H.R. 6395 and holds the cloture vote, which results in 84 yeas and 13 nays, with three-fifths of the Senators voting in the affirmative, and the motion is agreed to. Mr. Inhofe describes the defense bill as the most significant bill, says it was written with Mr. Reed, and speaks about the President's military priorities and China's military funding. The page also records a unanimous consent request by Mr. McConnell that a bill be considered read a third time, with Mr. Hawley reserving the right to object over hundreds of billions of dollars for other spending.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, December 11, 2020 — Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-11-crec-2020-12-11-pt1-pgs7437-4-ea43568d2b/, SHA-256 adec0ab4ab03b652e2acab5af238167c679a55ab66e62f5fc6818ebfeeb3ad03.

Full text

                                             December 11, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                        S7437
                                             I am not saying this critically of the                           LEGISLATIVE SESSION                             The PRESIDING OFFICER (Mrs.
                                             Obama administration. I am saying he                                                                           FISCHER). Are there any other Senators
                                             didn’t have the same priorities that                                                                           in the Chamber desiring to vote?
                                             many of us have. His top priority was                   NATIONAL DEFENSE AUTHORIZA-                              The yeas and nays resulted—yeas 84,
                                             not defending America, in spite of what                   TION ACT FOR FISCAL YEAR                             nays 13, as follows:
                                             the Constitution tells us what should                     2021—CONFERENCE          REPORT—Re-                            [Rollcall Vote No. 263 Leg.]
                                             be the top priority. And so we went                       sumed                                                                   YEAS—84
                                             through that time with—as I men-                          The PRESIDING OFFICER. Under                         Alexander         Fischer           Portman
                                             tioned, between the years of 2010 and                   the previous order, the Senate will re-                Baldwin           Gardner           Reed
                                                                                                                                                            Barrasso          Gillibrand        Risch
                                             2015, 5 years, reduced the funding for                  sume consideration of the conference                   Bennet            Grassley          Roberts
                                             the military by 25 percent. At the same                 report to accompany H.R. 6395, which                   Blackburn         Harris            Romney
                                             time, China was increasing their fund-                  the clerk will report.                                 Blumenthal        Hassan            Rosen
                                             ing for their military by 83 percent.                     The senior assistant legislative clerk               Blunt             Heinrich          Rubio
                                                                                                                                                            Boozman           Hirono            Sasse
                                             This is what we looked at, and that is                  read as follows:                                       Brown             Hoeven            Schatz
                                             what our President was faced with. And                    A conference report to accompany                     Burr              Hyde-Smith        Schumer
                                             that is why—I don’t know who is ill-ad-                 H.R. 6395, an Act to authorize appro-                  Cantwell          Inhofe            Scott (FL)
                                                                                                                                                            Capito            Johnson           Scott (SC)
                                             vising the President to be concerned                    priations for fiscal year 2021 for mili-               Cardin            Jones             Shaheen
                                             about an issue that has nothing to do                   tary activities of the Department of                   Carper            Kaine             Shelby
                                             with the military. And I know that the                  Defense, for military construction, and                Casey             Kelly             Sinema
                                             President has been the strongest—I                      for defensive activities of the Depart-                Cassidy           King              Smith
                                                                                                                                                            Collins           Klobuchar         Stabenow
                                             don’t know if there has ever been a                     ment of Energy, to prescribe military                  Coons             Lankford          Sullivan
                                             President who has been a stronger sup-                  personnel strengths for such fiscal                    Cornyn            Leahy             Tester
                                             porter of our military and our kids in                  year, and for other purposes.                          Cortez Masto      Manchin           Thune
                                                                                                       Mr. INHOFE. Mr. President, I ask                     Cramer            McConnell         Tillis
                                             harm’s way than President Trump. I                                                                             Crapo             Menendez          Toomey
                                             am just looking at this now, and I am                   unanimous consent to waive the man-                    Daines            Moran             Udall
                                             thinking, we are now 1 minute away                      datory quorum call.                                    Duckworth         Murkowski         Van Hollen
                                             from passing a bill that is the most sig-                 The PRESIDING OFFICER. Without                       Durbin            Murphy            Warner
                                                                                                                                                            Enzi              Murray            Whitehouse
                                             nificant bill.                                          objection, it is so ordered.                           Ernst             Perdue            Wicker
                                               At this time, I ask if the minority                                    CLOTURE MOTION                        Feinstein         Peters            Young
                                             would like to make any comments at                        The PRESIDING OFFICER. Pursuant                                          NAYS—13
                                             all because I will tell you right now, I                to rule XXII, the Chair lays before the                Booker            Kennedy           Sanders
                                             mentioned the names of all the people                   Senate the pending cloture motion,                     Braun             Lee               Warren
                                             who worked on this bill for the last                    which the clerk will state.                            Cotton            Markey            Wyden
                                             year, and side by side have been Sen-                     The senior assistant legislative clerk               Cruz              Merkley
                                                                                                                                                            Hawley            Paul
                                             ator JACK REED and I in the leadership                  read as follows:
                                             of this bill.                                                          CLOTURE MOTION                                            NOT VOTING—3
                                               It is going to be a reality.                            We, the undersigned Senators, in accord-             Graham            Loeffler          Rounds
                                               I want to thank you and give you an                   ance with the provisions of rule XXII of the             The PRESIDING OFFICER. On this
                                             opportunity to get a last word in here                  Standing Rules of the Senate, do hereby                vote, the yeas are 84, the nays are 13.
                                             because we are going to vote on this in                 move to bring to a close debate on the con-              Three-fifths of the Senators duly cho-
                                             less than a minute.                                     ference report to accompany H.R. 6395, an              sen and sworn having voted in the af-
                                               Mr. REED. The last word will be very                  Act to authorize appropriations for fiscal             firmative, the motion is agreed to.
                                             brief if I am recognized, Mr. President.                year 2021 for military activities of the De-
                                                                                                                                                              The Senator from Oklahoma.
                                               The PRESIDING OFFICER. The Sen-                       partment of Defense and for military con-
                                                                                                                                                                     UNANIMOUS CONSENT AGREEMENT
                                             ator from Rhode Island.                                 struction, to prescribe military personnel
                                                                                                     strengths for such fiscal year, and for other            Mr. INHOFE. Madam President, I ask
                                                              f                                                                                             unanimous        consent     that    the
                                                                                                     purposes.
                                                      NATIONAL DEFENSE                                   Mitch McConnell, John Thune, Shelley               postcloture time on the conference re-
                                                      AUTHORIZATION ACT                                    Moore Capito, Thom Tillis, Roy Blunt,            port to accompany H.R. 6395 expire at
                                                                                                           Cory Gardner, Roger F. Wicker, Mar-              12:30 today.
                                               Mr. REED. Let me commend the                                sha Blackburn, John Cornyn, Mike
                                             chairman. I don’t think we would be                                                                              The PRESIDING OFFICER. Is there
                                                                                                           Crapo, Pat Roberts, Cindy Hyde-Smith,
                                             here without Chairman INHOFE’s lead-                                                                           objection?
                                                                                                           Kevin Cramer, Richard Burr, James M.
                                                                                                                                                              Without objection, it is so ordered.
                                             ership. I have never seen anyone work                         Inhofe, Steve Daines, Deb Fischer.
                                                                                                                                                              Mr. INHOFE. Madam President, I
                                             so diligently and so constructively.                      The PRESIDING OFFICER. By unan-                      suggest the absence of a quorum.
                                               We want to thank the staff. They do                   imous consent, the mandatory quorum                      The PRESIDING OFFICER. The
                                             a remarkable amount of work.                            call has been waived.                                  clerk will call the roll.
                                               Also, we have to recognize our col-                     The question is, Is it the sense of the                The senior assistant legislative clerk
                                             leagues in the House—Chairman ADAM                      Senate that debate on the conference                   proceeded to call the roll.
                                             SMITH, who did a good job, and Rank-                    report to accompany H.R. 6395, an Act                    Mr. MURPHY. Madam President, I
                                             ing Member MAC THORNBERRY, whose                        to authorize appropriations for fiscal                 ask unanimous consent that the order
                                             name is on this bill.                                   year 2021 for military activities of the               for the quorum call be rescinded.
                                               I urge passage, and I commend the                     Department of Defense, for military                      The PRESIDING OFFICER. Without
                                             chairman.                                               construction, and for defense activities               objection, it is so ordered.
                                               Thank you, Mr. President.
                                               Mr. INHOFE. Thank you, Senator                        of the Department of Energy, to pre-                                      2020 ELECTIONS

                                             REED.                                                   scribe military personnel strengths for                  Mr. MURPHY. Madam President, col-
                                               I yield the floor.                                    such fiscal year, and for other pur-                   leagues, we are in the middle of a
                                                                                                     poses, shall be brought to a close?                    whole bunch of really important de-
                                                              f
                                                                                                       The yeas and nays are mandatory                      bates right now about the National De-
                                               RESERVATION OF LEADER TIME                            under the rule.                                        fense Authorization Act, trying to
                                               The PRESIDING OFFICER. Under                            The clerk will call the roll.                        avoid a shutdown by the end of the day,
                                             the previous order, the leadership time                   The senior assistant legislative clerk               and, of course, trying to find a path
                                             is reserved.                                            called the roll.                                       forward to authorize funding to con-




ctelli on DSK11ZRN23PROD with SENATE
                                                              f                                        Mr. THUNE. The following Senators                    tinue to combat this pandemic.
                                                                                                     are necessarily absent: the Senator                      But it is worth noting today that an
                                                  CONCLUSION OF MORNING                              from South Carolina (Mr. GRAHAM), the                  effort to overturn the 2020 election con-
                                                            BUSINESS                                 Senator from Georgia (Mrs. LOEFFLER),                  tinues and, in many ways, is picking up
                                               The PRESIDING OFFICER. Morning                        and the Senator from South Dakota                      steam, and we need to talk about the
                                             business is closed.                                     (Mr. ROUNDS).                                          consequences for the Nation.



                                       VerDate Sep 11 2014   02:36 Dec 12, 2020   Jkt 019060   PO 00000   Frm 00005   Fmt 4637   Sfmt 0634   E:\CR\FM\G11DE6.010   S11DEPT1
                                             S7438                                             CONGRESSIONAL RECORD — SENATE                                                  December 11, 2020
                                               Democracies      are   really    fragile              tors instead. Now, there are a bunch of                   But no matter the lack of evidence
                                             things. Ours only continues because we                  vague, unsourced claims about voter                    about voter fraud, Republicans, includ-
                                             make choices so that it can remain.                     fraud in this lawsuit, but there is not a              ing the President, have just come to
                                             Our government really isn’t a piece of                  shred of evidence for these claims. All                the conclusion that Democrats must
                                             paper upon which the Constitution is                    of the individual lawsuits trying to al-               have cheated because Democrats are
                                             written. Our government—where vot-                      lege voter fraud, trying to create con-                evil, and lots of people show up to Don-
                                             ers, citizens, not kings or monarchs or                 tests about how laws were modified re-                 ald Trump rallies. You know, there is
                                             oligarchs, decide who governs—is made                   garding voting in these States, have all               just no way that all of these people
                                             possible by a series of decisions that we               lost.                                                  could have voted for Joe Biden because
                                             make every single day to put the rule                     Importantly, the lawsuit doesn’t ask                 FOX News and Newsmax and RT—they
                                             of law ahead of our own political power                 for another canvass or another count;                  tell us that Trump is just so popular.
                                             or the position of our political party.                 it just asks for the votes in these                       This mindset won’t win out this
                                             That is the history of America—our de-                  States to be disregarded and for Repub-                time. Joe Biden is going to be Presi-
                                             cision that democracy comes first, not                  lican politicians in these States to                   dent. But what about next time? What
                                             the perpetuation of our own political                   make the choice instead.                               if the next Presidential election is clos-
                                             power.                                                    Already in Pennsylvania, the State                   er? What if 2024 comes down to just one
                                               Right now, the most serious attempt                   legislature’s Republican leadership has                State? It is a lot easier to steal one
                                             to overthrow our democracy in the his-                  expressed support for appointing elec-                 State. What if these radical anti-Demo-
                                             tory of this country is underway. Those                 tors who would choose Donald Trump.                    crats get control of more secretary of
                                             who are pushing to make Donald                          Let me say that again. This lawsuit                    state offices or election boards and
                                             Trump President for a second term, no                   says that in Pennsylvania, the State                   there is a close race for Governor in
                                             matter the outcome of the election, are                 legislature should choose the electors,                2022 or the U.S. Senate, and these same
                                             engaged in a treachery against their                    not the people. And in Pennsylvania,                   people who support the Texas lawsuit
                                                                                                     the leadership of the Republican Party                 decide again that there is no way a
                                             Nation.
                                               You cannot, at the same time, love                    in the legislature has expressed support               Democrat could have won our State,
                                             America and hate democracy. But as                      for appointing electors who will choose                and so by definition it has to be fraudu-
                                             we speak, a whole lot of flag-waving                    Donald Trump instead of Joe Biden de-                  lent, despite the lack of evidence, so
                                             Republicans are nakedly trying to in-                   spite the fact that Joe Biden won the                  let’s just throw out the result and
                                             validate millions of legal votes because                State of Pennsylvania by 80,000 votes—                 choose a Republican?
                                                                                                                                                               I know this kind of sounds far-
                                             that is the only way they can make                      80,000 votes. This isn’t 500 votes, like
                                                                                                                                                            fetched, but this is exactly what this
                                             Donald Trump President again.                           Florida in 2000—80,000 votes.
                                                                                                                                                            lawsuit is asking for. It is asking for
                                               It is the only way they can make                        The request of this lawsuit is clear:
                                                                                                                                                            the vote to be thrown out in four
                                             Donald Trump President again because                    Throw out the votes in these four
                                                                                                                                                            States and Donald Trump to be named
                                             he didn’t win. Our democracy, the citi-                 States that Joe Biden won and just
                                                                                                                                                            President regardless of the fact that he
                                             zens of this country, chose Joe Biden                   give the election to Donald Trump in-
                                                                                                                                                            lost, with no evidence of any voter
                                             to be President of the United States.                   stead.
                                                                                                       Some of my Republican Senate col-                    fraud or illegal behavior.
                                             He won the popular vote in a landslide,                                                                           There is a majority of the U.S. House
                                             and he won the electoral college by a                   leagues sent out pretty mealy-mouthed
                                                                                                                                                            of Representatives Republican caucus
                                             substantial margin.                                     statements supporting the general
                                                                                                                                                            who supports this, so it stands to rea-
                                               But now, Republicans have decided—                    right to count every legal vote and to                 son that this won’t all of a sudden stop
                                             not all Republicans—but far too many                    contest illegal votes, but that is not                 being their position 2 years from now
                                             have decided that if democracy can’t                    what this lawsuit is about. It just asks               and 4 years from now. If that happens
                                             keep Trump in power, then democracy                     for the whole vote to be thrown out. It                and the voters’ will is thrown out—not
                                             ceases to have any real purpose be-                     asks for every vote in these States to                 just in a Presidential election but in a
                                             cause, to Republicans who are sup-                      be disregarded.                                        Governor’s race or a U.S. Senate race
                                             porting these continued efforts to in-                    Other Republicans who haven’t                        or a congressional race—then our coun-
                                             validate the election, their loyalty is                 signed on to this suit suggest that it                 try will no longer be a democracy. If
                                             to Donald Trump, not to the Nation or                   won’t succeed in the Supreme Court; it                 that happens, the American experi-
                                             our system of government. Their No. 1                   is a sideshow, so why really care? Well,               ment will be done. It will be over.
                                             goal is to keep Trump in power, and if                  we have to care. The majority of Re-                      That is why this moment is so fright-
                                             that means throwing out the election                    publican Members of Congress believe                   ening, no matter the fact that it is not
                                             and turning America into something                      that Donald Trump should be named                      going to be successful in an attempt to
                                             other than a democracy in which the                     President again despite the fact that                  keep Donald Trump barricaded in the
                                             voters get to choose their leaders, then                he lost and lost by a lot. It wasn’t close             White House. That is why more Repub-
                                             so be it.                                               in the popular vote or in the electoral                licans than just a handful in this coun-
                                               Here is the latest. This lawsuit is                   college. We should care because this at-               try need to be standing up to this law-
                                             supported by 106 House Republicans.                     tempt to overthrow democracy won’t                     suit and this claim that the vote
                                             That is more than half of the Repub-                    be successful this time—Joe Biden is                   should be thrown out, because you
                                             licans who serve in the House of Rep-                   going to be President—but it plainly                   have a majority of Republicans in this
                                             resentatives. It is supported, appar-                   shows us the direction that the Repub-                 country who believe that Joe Biden
                                             ently, by many Senate Republicans as                    lican Party is heading, and they con-                  won the election fraudulently when
                                             well. This lawsuit is an attempt to                     trol governments in a lot of really im-                there is no evidence that that hap-
                                             overthrow democracy.                                    portant States and jurisdictions.                      pened. That belief, as it festers and it
                                               Now, you can laugh at it; you can                       The majority of Republicans in the                   grows—this idea that if Democrats win,
                                             scoff at it; you can suggest that it has                House of Representatives apparently                    it has to be because of fraud—it does
                                             no chance to prevail if it reaches the                  believe that if a Democrat wins an                     eventually lead to the voters’ will
                                             nine Supreme Court Justices. But let’s                  election, it is illegitimate by defini-                being overturned, and that will be the
                                             be clear about what it argues, and let’s                tion. There is no evidence of fraud or                 end of American democracy.
                                             be clear about the consequences for so                  stolen votes or vote-rigging in the 2020                  Don’t just assume that this system is
                                             many elected officials at the highest                   election. You can be mad about the                     going to be around for another 240
                                             level of American Government sup-                       fact that States allow for mail-in vot-                years. It is a miracle that we have held
                                             porting this lawsuit.                                   ing; but Republican and Democratic                     this together thus far. It is just a series




ctelli on DSK11ZRN23PROD with SENATE
                                               What it argues is that the votes in                   States allow for it. You can be angry                  of choices that we make. The Constitu-
                                             four States—Pennsylvania, Georgia,                      that the majority of those votes this                  tion itself is not strong enough, is not
                                             Wisconsin, and Michigan—should be                       year were cast in favor of Joe Biden in                durable enough without all of us mak-
                                             thrown out because Trump didn’t win.                    many of these States, but in previous                  ing a decision that even if we lose an
                                             It asks for the State legislatures, con-                years, the majority of mail-in votes                   election, even if that means that tem-
                                             trolled by Republicans, to appoint elec-                had been favoring Republicans.                         porarily our political power is lessened,



                                       VerDate Sep 11 2014   02:36 Dec 12, 2020   Jkt 019060   PO 00000   Frm 00006   Fmt 4637   Sfmt 0634   E:\CR\FM\G11DE6.015   S11DEPT1
                                             December 11, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                 S7439
                                             that we accept the result because what                  and we knew we had to act in a big                       And I am not here to disparage mem-
                                             matters most in this country is what                    way. I am proud of the fact that, in the               bers of the legal profession. I happen to
                                             the voters choose, not how it affects                   face of this pandemic, Congress came                   be one. But I do know that we ought to
                                             us.                                                     together, setting aside partisan agen-                 be focused on what is the greatest good
                                               It is not enough to just punt here and                das, and we passed four pieces of legis-               for the greatest number, and we
                                             say ‘‘Ah, the President has a right to                  lation to address, first of all, the public            shouldn’t let the tail wag the dog when
                                             go to court; let’s just see what hap-                   health crisis but, secondly, the eco-                  it comes to providing commonsense li-
                                             pens’’ because when the overthrow of                    nomic fallout associated with mitiga-                  ability protection, which is what
                                             democracy is beginning and you are                      tion efforts. In other words, we did                   brings me to the floor this afternoon.
                                             sitting on the sidelines, you are a col-                what Americans always do in a time of                    I heard the Senator from New York
                                             laborator. And there are way too many                   crisis: We pulled together.                            give a fevered speech about what he
                                             high-profile Republicans who march                        I am proud of what we were able to                   called corporate immunity, as if our
                                             around the world giving speeches about                  accomplish. But at the end of March of                 desire to provide some predictability
                                             the importance of protecting democ-                     this year, when we passed the last                     and some fairness in the context of
                                             racy who are awfully silent when the                    CARES Act legislation, we didn’t have                  civil liability was somehow a desire to
                                             attempted overthrow is happening in                     any idea how long this was going to                    protect nameless, faceless corpora-
                                             their own country. Nobody can stay si-                  last. We had no idea that we would be                  tions. That is wrong, and that is why I
                                             lent right now.                                         here now in December of 2020 and still                 came to the floor—to say it is wrong
                                               There are a lot of other important                    grappling with how to contain this                     and to explain why it is wrong.
                                             things happening in the Senate today.                   virus and dealing with the economic
                                             I am engaged in those as well. It is                                                                             The minority leader tries to frame
                                                                                                     fallout associated with it.
                                             true, this effort to overthrow the 2020                   Thank goodness we made a priority                    this as a green light for big, bad busi-
                                             election is not going to bear fruit, and                of providing resources to our medical                  nesses to ignore public health guide-
                                             so it is tempting to just work on the                   scientists and the pharmaceutical in-                  lines and to put every person who
                                             other things and to ignore this lawsuit                 dustry that have now come up with                      walks through their door in danger of
                                             and these attempts because this time,                   therapies and treatments which are                     contracting COVID–19. That is a false
                                             it won’t be successful. But all of this                 saving more lives. Fewer people who                    narrative. That is not true.
                                             effort, supported by so many main-                      get the virus are actually dying,                        For starters, what we have proposed
                                             stream Republicans, is setting a prece-                 thanks to the expertise of our                         is not blanket immunity. No one wants
                                             dent and is creating conditions that                    healthcare providers and the thera-                    to give—let’s say somebody is running
                                             could easily overthrow the next elec-                   peutics that they are able to admin-                   a meatpacking plant and one of the
                                             tion. If the Republican Party just al-                  ister—saving many, many lives.                         workers shows up and says: Boss, I
                                             lows for this assault on the 2020 elec-                   But the golden bullet in all of this is              don’t feel very good today; I think I
                                             tion to continue, no matter whether it                  the vaccine. I am hopeful that we in                   may have something. And he says: You
                                             ultimately is successful, then by 2022                  America—that the Food and Drug Ad-                     shut up; go to work. And they end up
                                             or 2024, I am telling you, it might be                  ministration will promptly, and I ex-                  having the virus and infect all their
                                             too late to save our democracy.                         pect they will, approve the use of some                peers and fellow employees.
                                               I suggest the absence of a quorum.                    of the vaccines that have been devel-                    That is reckless and intentional mis-
                                               The PRESIDING OFFICER. The                            oped, once it is determined they are                   conduct, and we do not limit lawsuits
                                             clerk will call the roll.                               safe and effective.                                    based on reckless and intentional mis-
                                               The bill clerk proceeded to call the                    So I think this is like the cavalry ar-              conduct at all. So this is not a ‘‘get out
                                             roll.                                                   riving, and the cavalry is nearby and                  of jail free’’ card or whatever you want
                                               Mr. CORNYN. Mr. President, I ask                      will soon be here. Then we will                        to call it. This will not protect the peo-
                                             unanimous consent that the order for                    prioritize the people in the country                   ple who recklessly put other people in
                                             the quorum call be rescinded.                           who will get the vaccine, as we should.                danger of this virus.
                                               The PRESIDING OFFICER. Without                        I think the folks who have been on the                   In cases of gross negligence or willful
                                             objection, it is so ordered.                            frontlines, the so-called essential                    misconduct, where the applicable pub-
                                                               CORONAVIRUS                           workers—I tend to think of all work as                 lic health guidance is not followed, the
                                               Mr. CORNYN. Mr. President, since                      being essential, but certainly the                     person who suffered a harm has every
                                             last fall, right after the new year, our                healthcare providers, the people who                   right to sue and be made whole, and no
                                             country, like the rest of the planet, be-               had to show up. They couldn’t hunker                   one—no one—wants to change that.
                                             came embroiled in a pandemic, sending                   down at home. They had to show up for
                                             fear, shock, illness, and fatalities. As                work because we needed them to do                        But what we do need to acknowledge
                                             we tried to respond, we were forced to                  that in order to protect the rest of us.               is that we are all living through what
                                             make hard decisions—I am talking                          But then we ought to go through the                  I hope is a once-in-a-lifetime catas-
                                             about a collective ‘‘we’’—in terms of                   elderly, people with underlying health                 trophe for everybody involved, so I
                                             economic activity, children going to                    diseases, schoolteachers, and others to                don’t think we should be creating an
                                             school, businesses staying open.                        help us get our children back to school.               opportunity for people who want to
                                               And many businesses simply could                      The list goes on and on.                               profit off of this pandemic to do so,
                                             not, and many of the workers who                          But what I am not proud of is the em-                particularly when a handful of people
                                             worked at those locations simply were                   barrassing insensitivity of our Demo-                  will presumably benefit from what the
                                             out of luck. You can imagine the anx-                   cratic colleagues, starting with the                   Democratic leader is proposing—no li-
                                             iety and the fear of many Americans                     Senator from New York, the Demo-                       ability shield—and hundreds of mil-
                                             who, through no fault of their own,                     cratic leader, when it comes to people’s               lions of Americans will benefit from it.
                                             found themselves fearful of the virus                   fear about the consequences associated                   These are unprecedented times, to be
                                             and the consequences associated with                    with the pandemic that relate to the li-               sure, much like we owe the American
                                             it, fearful for the possibility that their              ability that may ultimately be im-                     people more support, and that is part
                                             loved ones—let’s say, a parent or                       posed upon them because they didn’t                    of what is being blocked by the de-
                                             grandparent who is especially vulner-                   guess it right the first time.                         mands of the Democratic leader to
                                             able because of their age or somebody                     I am talking about lawsuits by peo-                  eliminate any sort of liability shield.
                                             because of their underlying chronic                     ple who will sue, claiming—I am sure                   We need to put some safeguards in
                                             health conditions—were more likely to                   many with some merit—that they have                    place to ensure that those who are op-
                                             be a fatality, to lose their life, if they              suffered as a result of this virus and at-             erating in good faith and following all
                                             were infected with the virus.                           tempt to pin the responsibility on some                the relevant public health guidelines




ctelli on DSK11ZRN23PROD with SENATE
                                               This is something we haven’t experi-                  business, some school, some church,                    cannot be sued out of existence. Imag-
                                             enced perhaps in the last 100 years,                    some synagogue, some mosque, any-                      ine if you are a small business, hanging
                                             since the great flu pandemic at the                     where where they might have gotten                     on by a thread. Somehow you have ap-
                                             turn of the last century.                               the virus. Anybody with a liability in-                plied for your PPP loan, your paycheck
                                               Congress responded the best we                        surance policy, I am sure, will be fair                protection loan, and you have been
                                             could. We knew we had to act quickly,                   game by the trial lawyers.                             able to hang on to your business and



                                       VerDate Sep 11 2014   04:16 Dec 12, 2020   Jkt 019060   PO 00000   Frm 00007   Fmt 4637   Sfmt 0634   E:\CR\FM\G11DE6.016   S11DEPT1
                                             S7440                                             CONGRESSIONAL RECORD — SENATE                                                   December 11, 2020
                                             keep your employees on the payroll—                     did. His State acted to provide medical                people who attend our colleges and uni-
                                             somehow, some way.                                      liability protection for healthcare                    versities an opportunity to continue
                                               Well, if you face the prospect of lim-                workers in his State. We need to make                  their education safely, to the best of
                                             itless liability, opportunistic litigation              sure that the kinds of things that his                 their ability.
                                             is going to cost you a lot of money and                 State did for healthcare workers in                      A number of national groups rep-
                                             all of your energy just to defend, even                 New York are expanded to include oth-                  resenting education leaders, including
                                             if the claim is meritless. You might                    ers around the country. We need to en-                 superintendents, school boards, and
                                             think twice—probably more than                          sure that our healthcare workers                       other leaders, sent a letter to Senator
                                             twice—about whether you want to stay                    aren’t taken to the cleaners for doing                 SCHUMER and other congressional lead-
                                             in business, whether you want to keep                   everything in their power in good faith                ers about the urgent need for these pro-
                                             those jobs, whether you want to con-                    to respond to the crisis.                              tections. They said: ‘‘We believe any
                                             tribute to our economy.                                   Again, the protections his State has                 protections should be limited in scope
                                               We need those people. We need those                   provided set a willful misconduct or                   and preserve recourse for those harmed
                                             businesses and those jobs. And I am not                 gross     negligence      standard    for              by truly bad actors who engage in egre-
                                             talking about the trial lawyers. They                   coronavirus medical liability suits to                 gious misconduct.’’ And I agree with
                                             will be fine. They are not disadvan-                    ensure that only legitimate cases are                  that. That is exactly the type of pro-
                                             taged by having to hunker down, won-                    brought against healthcare workers in                  tection we have proposed.
                                             dering where the next paycheck will                     New York. If that is good enough for                     I am looking at a letter—it is dated
                                             come from. They will be fine.                           New Yorkers, for his constituents, why                 May 28, 2020—from the American Coun-
                                               But there are a lot of people who are                 deny the same protection to my con-                    cil on Education which I think does a
                                             hurting, and it causes me great distress                stituents or the Presiding Officer’s con-              pretty good job of summing of what I
                                             to see us—at least some of us—obliv-                    stituents or everybody else who is on                  just described, the challenges that our
                                             ious to the pain, the anguish, and the                  the frontlines of fighting this battle                 educators and our students and our ad-
                                             desperation of so many Americans.                       during these unprecedented times?                      ministrators are facing trying to get
                                               The number of suicides is up dra-                       I know the minority leader got a let-                back to some semblance of normalcy,
                                             matically. The number of reports of                     ter this summer from a long list of na-                because we all understand the impor-
                                             child sexual abuse is down because kids                 tional medical associations, which rep-                tance of providing our next generation
                                             aren’t going to school where their                      resent hundreds of thousands of                        of leaders with a good education.
                                             teachers, hopefully, will be trained to                 healthcare workers, calling for these                    In this letter from ACE, the Amer-
                                             help identify those people.                             very same types of protections. That                   ican Council on Education, Ted Mitch-
                                               People are self-medicating with                       letter detailed the challenges these                   ell, its president, writes:
                                             drugs and alcohol. People are suffering                 workers were up against and, you can                     Unfortunately, all colleges and univer-
                                             mental health crises. And some folks                    imagine, scarce personal protective                    sities, two- and four-year, public and private
                                                                                                                                                            nonprofit, are facing unprecedented chal-
                                             here in Congress act like, that doesn’t                 equipment.                                             lenges as a result of the COVID–19 pandemic.
                                             affect me; it is not my problem. It is                    It would be the easiest thing in the                 The impact on the operations and revenues
                                             shocking to me that there are some                      world to blame those healthcare work-                  of many institutions has been catastrophic,
                                             who seem to have that approach.                         ers for not adequately providing per-                  for some even existential, which has had a
                                               The minority leader knows the facts.                  sonal protective equipment and some-                   terrible ripple effect in communities large
                                             When he talks about corporate immu-                     how contributing to the spread of the                  and small. The pandemic is also causing
                                             nity, he wants to frame it in the most                  disease when we know that due to Chi-                  massive disruption to students and families.
                                             negative light possible, which, of                      na’s actions—hoarding a lot of the PPE                 Many are grappling with sudden changes to
                                             course, is why he said that.                                                                                   their financial circumstances.
                                                                                                     that they themselves manufactured—                       In the wake of prior crises, Congress came
                                               What we are proposing will help peo-                  when they didn’t tell the rest of the                  together to pass timely and targeted liabil-
                                             ple. It will help medical workers, doc-                 world that the virus was running ramp-                 ity protections with strong bipartisan sup-
                                             tors, nurses, aides at hospitals—those                  ant in China, they were hoarding that                  port because lawmakers understood the
                                             who have been on the frontlines trying                  PPE, making it less available to local                 acute economic threat of lawsuits at mo-
                                             to save lives. They didn’t have any                     hospitals and doctors for the benefit of               ments of maximum economic vulnerability.
                                             choice but to show up. They didn’t ask                  their patients.                                        While Congress has acted to provide some
                                             ‘‘Well, are your liability insurance pre-                 So it would be easy to see, now look-                limited COVID-related liability protections
                                                                                                                                                            for volunteer healthcare providers and some
                                             miums paid up at the hospital?’’ or                     ing back with the benefit of hindsight,
                                                                                                                                                            manufacturers of PPE in the CARES Act,
                                             ‘‘Maybe I need to up my limits because                  that somebody said: Well, you knew or                  much more needs to be done. While some
                                             I know I am going to get sued after                     should have known you didn’t have                      governors and state legislatures have en-
                                             this.’’ They didn’t ask those kinds of                  adequate PPE to take care of your pa-                  acted COVID–19 liability limitations, this is
                                             questions; they went and did the job we                 tients. As my dad always liked to say—                 a national problem requiring a national solu-
                                             wanted them to do, and God bless them                   he said: Hindsight is 20/20.                           tion.
                                             for it.                                                   That is just one example. These                        Mr. President, I ask unanimous con-
                                               What we are proposing will help a lot                 groups who wrote to the Democratic                     sent to have printed in the RECORD this
                                             more people, a lot more organizations.                  leader said that these physicians and                  letter following my remarks.
                                             And by that, I mean not just busi-                      other healthcare professionals are now                   The president and executive director
                                             nesses; it will help nonprofits, and it                 facing the threat of years of costly liti-             of the American Dental Association
                                             will help restaurants that have tried to                gation due to the extraordinary cir-                   wrote a letter thanking the Judiciary
                                             follow the guidelines and opened at                     cumstances. And these are the same in-                 Committee for reviewing liability pro-
                                             limited capacity, as they have gotten                   stitutions, the doctors and the hos-                   tections and asking Congress to pass
                                             guidance from the local and State and                   pitals, that we have sent hundreds of                  these reforms. Similar to the other
                                             national officials. This will help every-               billions of dollars to, and now we want                comments that have been made by
                                             body.                                                   to throw them to the wolves? We can’t                  other organizations, they said: ‘‘While
                                               First, it will help, as I said, our                   allow our healthcare heroes to wake up                 safeguarding their patients, their staff,
                                             healthcare heroes, the brave men and                    in this pandemic only to find them-                    and themselves from the spread of
                                             women who have led in this battle for                   selves facing a legal nightmare.                       COVID–19, dental practices must also
                                             months. They have made tremendous                         But as I have said, it is not just                   safeguard their businesses from bad-
                                             physical and mental sacrifices to save                  healthcare workers who need our help.                  faith actors pursuing frivolous finan-
                                             lives, but without some liability pro-                  The list of organizations and institu-                 cial gain for coronavirus injuries.’’




ctelli on DSK11ZRN23PROD with SENATE
                                             tection from Congress, they could soon                  tions that rely on this legislation is a                 We have heard from a long list of
                                             find themselves staring down the bar-                   long one. There are, for example, our                  groups, and it is not the Fortune 500,
                                             rel of a wave of medical malpractice                    public schools, our colleges, our univer-              like the Democratic leader has pro-
                                             lawsuits.                                               sities, which have tried to adapt in try-              posed. This isn’t corporate protection.
                                               I hope the minority leader will see                   ing circumstances and are trying to                    This is common sense. This is what we
                                             why this can’t happen. New York State                   allow our K–12 students and our young                  have done before—in connection with



                                       VerDate Sep 11 2014   02:36 Dec 12, 2020   Jkt 019060   PO 00000   Frm 00008   Fmt 4637   Sfmt 0634   E:\CR\FM\G11DE6.018   S11DEPT1
                                             December 11, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                     S7441
                                             Y2K, in connection with 9/11, in connec-                it included such unrelated matters as                  their power to keep students, employees, and
                                             tion with providing some limited li-                    tax cuts for millionaires and billion-                 visitors safe. To blunt the chilling effect this
                                             ability protection to pharmaceutical                    aires in places like New York and Cali-                will have on otherwise reasonable decision-
                                                                                                                                                            making leading to our nation’s campuses re-
                                             companies that we depend upon to                        fornia and included diversity studies on
                                                                                                                                                            suming operations in a safe and sensible
                                             produce vaccines that will save lives.                  the marijuana industry. What in the                    manner, we ask that Congress quickly enact
                                             Those are all examples where Congress                   heck does that have to do with COVID–                  temporary COVID–19-related liability protec-
                                             has come together with a national re-                   19? They claimed that anything less                    tions for higher education institutions and
                                             sponse to a national crisis.                            than that $3-trillion white elephant                   systems, affiliated entities, as well as their
                                               We have heard concerns from every-                    was unworkable, so they gave our ef-                   faculty, staff and volunteers. These protec-
                                             thing from the U.S. Youth Soccer wor-                   forts the Heisman and allowed the dis-                 tions should be conditioned on following ap-
                                             ried about their volunteers being sued,                 tress from the pandemic to go on for                   plicable public health standards, and they
                                             the American Heart Association wor-                     months and months and months while                     should preserve recourse for those harmed by
                                                                                                                                                            truly bad actors who engage in egregious
                                             ried about their fundraisers, churches                  they blocked every attempt to deliver
                                                                                                                                                            misconduct.
                                             worried about their ability to serve                    relief to the American people.                           Colleges and universities, including their
                                             their communities with this cloud                         Liability protections—commonsense                    health care facilities and research enter-
                                             hanging over their heads. So who is                     liability protections for a limited pe-                prises, are engaged in every sector of critical
                                             acting in bad faith here? Not the                       riod of time, which are not designed to                infrastructure necessary to support Amer-
                                             schools. Not the charities. Not the                     take over State tort law on a perma-                   ican communities. In addition to educating
                                             healthcare providers who are calling                    nent basis—we can agree on what the                    and training our country’s future workforce,
                                             for the limited protections this legisla-               timeframe should be, but liability pro-                they provide health services, cultural re-
                                                                                                     tections will allow our most important                 sources, spectator sports venues, and rec-
                                             tion would provide. No, it is the trial                                                                        reational amenities to their communities.
                                             bar. It is the trial lawyers who are try-               and vulnerable institutions and people
                                                                                                                                                            Our medical schools, teaching hospitals, and
                                             ing to use this pandemic to make                        to recover from this crisis, and I be-                 research labs are working around the clock
                                             money.                                                  lieve the Democratic leader would be                   to find the best treatments and vaccines for
                                               I am not here, again, to disparage                    wise to acknowledge that and work                      COV1D–19. Moreover, our higher education
                                             members of the legal profession. I am                   with us and get a result.                              institutions maintain full service utilities,
                                             just saying, who are we here going to                     There being no objection, the mate-                  telecommunications, and computing net-
                                             bat for? Are we going to bat for a small                rial was ordered to be printed in the                  works; they provide housing and food serv-
                                                                                                     RECORD, as follows:                                    ices; and they operate transportation net-
                                             group of wealthy lawyers, or are we
                                                                                                            AMERICAN COUNCIL ON EDUCATION,                  works, hotels, retail shops, daycares, gyms,
                                             going to bat for 330 million Americans?                                                                        and museums. To support this broad array of
                                             That is the choice, it seems to me. And                                                 May 28, 2020.
                                                                                                     Re COVID–19 Limited Liability Protections.             activities, they directly employ tens of thou-
                                             the Democratic leader is carrying                                                                              sands of skilled workers in various trades,
                                             water for that wealthy elite minority,                  Representative NANCY PELOSI,                           from electricians and linemen to plumbers
                                                                                                     Speaker of the House of Representatives,
                                             the members of the trial bar, by                                                                               and HVAC technicians; from landscapers and
                                                                                                     Washington, DC.                                        painters to carpenters and fabricators.
                                             mischaracterizing      this  effort   and               Senator MITCH MCCONNELL,
                                             blocking relief for his own constitu-                                                                            Unfortunately, all colleges and univer-
                                                                                                     Majority Leader, U.S. Senate,                          sities, two- and four-year, public and private
                                             ents.                                                   Washington, DC.                                        nonprofit, are facing unprecedented chal-
                                               Again, Governor Cuomo apparently                      Representative KEVIN MCCARTHY,                         lenges as a result of the COVID–19 pandemic.
                                             was able to do this by some form of ex-                 Minority Leader, House of Representatives,             The impact on the operations and revenues
                                             ecutive action, was able to provide                     Washington, DC.                                        of many institutions has been catastrophic,
                                             some liability protections for medical                  Senator CHUCK SCHUMER,                                 for some even existential, which has had a
                                             malpractice lawsuits in New York. I                     Minority Leader, U.S. Senate,                          terrible ripple effect in communities large
                                                                                                     Washington, DC.                                        and small. The pandemic is also causing
                                             wonder if the Democratic leader would                     DEAR SPEAKER PELOSI, MINORITY LEADER
                                             come to the floor and call that cor-                                                                           massive disruption to students and their
                                                                                                     MCCARTHY, LEADER MCCONNELL, AND MINOR-
                                             porate protection. No. It made sense.                                                                          families. Many are grappling with sudden
                                                                                                     ITY LEADER SCHUMER: On behalf of the Amer-
                                                                                                                                                            changes to their financial circumstances.
                                             Good for Governor Cuomo, and shame                      ican Council on Education and the under-
                                                                                                                                                              In the wake of prior crises, Congress came
                                             on us if we don’t do something similar.                 signed higher education associations, I am
                                                                                                                                                            together to pass timely and targeted liabil-
                                               I want to close on another ironic                     writing today to urge you to quickly enact
                                                                                                                                                            ity protections with strong bipartisan sup-
                                             statement by the Democratic leader                      temporary and targeted liability protections
                                                                                                                                                            port because lawmakers understood the
                                                                                                     related to the COVID–19 pandemic. While
                                             this morning. He said: The American                                                                            acute economic threat of lawsuits at mo-
                                                                                                     these crucial protections are likely nec-
                                             people deserve an outcome. I agree                      essary for many sectors of the American
                                                                                                                                                            ments of maximum economic vulnerability.
                                             with that. But he said: It is not going                                                                        While Congress has acted to provide some
                                                                                                     economy, this letter focuses on the need to
                                             to happen if the Republican majority                                                                           limited COVID–19-related liability protec-
                                                                                                     safeguard higher education institutions and
                                             insists on getting 100 percent of its par-                                                                     tions for volunteer healthcare providers and
                                                                                                     systems,      affiliated   nonprofits,     and
                                                                                                                                                            some manufacturers of PPE in the CARES
                                             tisan demands.                                          healthcare providers and facilities from ex-
                                                                                                                                                            Act, much more must be done. While some
                                               Well, we are not insisting on 100 per-                cessive and speculative lawsuits arising out
                                                                                                                                                            governors and state legislatures have en-
                                             cent, but how about the 80 percent we                   of the pandemic.
                                                                                                       Encouraging, enabling, and supporting the            acted COVID–19 liability limitations, this is
                                             can agree on? That just makes sense to                                                                         a national problem requiring a national solu-
                                                                                                     safe reopening of college and university cam-
                                             me. They are the ones who are killing                   puses for in-person learning is essential to           tion.
                                             the COVID–19 relief bill by their insist-               educating our nation’s future workforce, pre-            Higher education’s need for temporary and
                                             ence that no liability protections be in-               serving employment for millions, and help-             targeted liability protections and relief is
                                             cluded in this bill. It is the Wild Wild                ing restart America’s economy. As colleges             clear. Now is the time for Congress to act.
                                                                                                     and universities contemplate whether and                      Sincerely,
                                             West, and they want to keep it just
                                                                                                     how to safely reopen this fall, their over-                                      TED MITCHELL,
                                             like that.                                                                                                                                         President.
                                               The Democratic leader has been the                    riding concern is keeping students, faculty,
                                                                                                     staff, and local communities safe. These de-             On behalf of:
                                             one who has held up negotiations over
                                                                                                     cisions are not premised on making a trade-              Achieving the Dream, American Associa-
                                             the last several months. By my count,                   off between safety and the economy. Nor are            tion of Colleges of Nursing, American Asso-
                                             our Democratic leaders have blocked                     institutions of higher education seeking a             ciation of Colleges for Teacher Education,
                                             at least three, maybe four pieces of                    free pass to avoid responsibility, much less           American Association of Collegiate Reg-
                                             COVID–19 relief. That was at a time                     immunize themselves for their own or oth-              istrars and Admissions Officers, American
                                             when they could have worked with us                     ers’ bad acts.                                         Association of Community Colleges, Amer-
                                             to make the bills better and to provide                   But as colleges and universities assess how          ican Association of State Colleges and Uni-




ctelli on DSK11ZRN23PROD with SENATE
                                             timely relief to our constituents, but                  quickly and completely campuses can re-                versities, American College Health Associa-
                                                                                                     sume full operations, they are facing enor-            tion, American Council on Education, Amer-
                                             no—they refused to accept anything
                                                                                                     mous uncertainty about COV1D–19-related                ican Dental Education Association, Amer-
                                             short of a partisan, multitrillion-dollar               standards of care and corresponding fears of           ican Indian Higher Education Consortium,
                                             bill that passed the House earlier this                 huge transactional costs associated with de-           APPA, ‘‘Leadership in Educational Facili-
                                             year, that NANCY PELOSI knew would                      fending against COVID–19 spread lawsuits,              ties’’, Associated Colleges of the Midwest,
                                             never have a prayer of passing because                  even when they have done everything within             Association for Biblical Higher Education,




                                       VerDate Sep 11 2014   04:16 Dec 12, 2020   Jkt 019060   PO 00000   Frm 00009   Fmt 4637   Sfmt 0634   E:\CR\FM\G11DE6.020   S11DEPT1
                                             S7442                                             CONGRESSIONAL RECORD — SENATE                                                      December 11, 2020
                                             Association of Advanced Rabbinical and Tal-             oppose the Senate bill. Specifically,                  tice, and it must not happen again. I
                                             mudic Schools, Association of American Col-             the conference report is void of the au-               want to put everyone on notice: I will
                                             leges and Universities, Association of Amer-            thority for funds to support testing of                insist that the Judiciary Committee
                                             ican Medical Colleges, Association of Amer-
                                                                                                     a new nuclear device, which was in-                    and those of us who worked for many
                                             ican Universities, Association of Catholic
                                             Colleges and Universities, Association of               cluded in the Senate bill. This sends an               years on these matters are consulted
                                             Community College Trustees.                             important message to the world about                   on provisions that fall within the pur-
                                               Association of Governing Boards of Univer-            Congress’s support for U.S. leadership                 view of our committee before they are
                                             sities and Colleges, Association of Inde-               in armed control.                                      included in the NDAA. That consulta-
                                             pendent California Colleges and Universities,             Further, the conference report ad-                   tion process has produced good out-
                                             Association of Independent Colleges & Uni-              vances the progress we have made with                  comes for the American people for
                                             versities of Rhode Island, Association of               regard to Vietnam. This NDAA sends a                   years. Let’s not change it now.
                                             Independent Colleges and Universities in                clear message that Congress believes in
                                             Massachusetts, Association of Independent                                                                        With these concerns in mind, on bal-
                                             Colleges and Universities of Ohio, Associa-
                                                                                                     the importance of cooperation with                     ance, this is a defense authorization
                                             tion of Independent Colleges and Univer-                Vietnam, both to advance our shared                    bill that I will support. It advances our
                                             sities of Pennsylvania (AICUP), Association             security interests and to address some                 efforts to reconcile with our history
                                             of Independent Colleges of Art & Design, As-            of the worst consequences of that war.                 and address the naming of our military
                                             sociation of Jesuit Colleges and Universities,          The conference report will extend the                  bases after Confederate generals, some-
                                             Association of Public and Land-grant Uni-               authorization for the Department of                    thing over which the President
                                             versities, Association of Research Libraries,           Defense to help decontaminate the                      inexplicably threatened to veto the
                                             Association of Vermont Independent Col-                 Bien Hoa Airbase from the lingering
                                             leges, College and University Professional                                                                     bill. It rejects the President’s demands
                                             Association for Human Resource, Commis-
                                                                                                     poison of dioxin, and it includes new                  to repeal section 230 of the Commu-
                                             sion on Independent Colleges and Univer-                authorization to help the Government                   nications Decency Act, something that
                                             sities-NYS, Conference for Mercy Higher                 of Vietnam locate and identify some of                 advances his personal war, but which
                                             Education, Connecticut Conference of Inde-              its hundreds of thousands of MIAs, as                  demands careful consideration and
                                             pendent Colleges, Council for Advancement               they have helped us locate our own                     should not be used as hostage bait.
                                             and Support of Education, Council for Chris-            MIAs over so many years.                                 This conference report authorizes
                                             tian Colleges & Universities, Council of                  The bill will also help the veterans of
                                             Graduate Schools, Council for Higher Edu-
                                                                                                                                                            over $740 billion in spending. The de-
                                                                                                     that war who were exposed to dioxin.                   fense of our Nation and our inter-
                                             cation Accreditation, Council of Independent            The expansion of presumption of expo-
                                             Colleges, Council of Independent Colleges in                                                                   national role in providing security and
                                             Virginia, Council of Independent Nebraska
                                                                                                     sure included in this bill will mean                   promoting stability demand significant
                                             Colleges, EDUCAUSE, Great Lakes Colleges                that Americans suffering from a num-                   investments. I hope, however, that in
                                             Association.                                            ber of linked ailments can spend their                 future years, Congress will thought-
                                               Hispanic Association of Colleges and Uni-             time seeking treatment, rather than                    fully consider the skewed balance of
                                             versities, Independent Colleges and Univer-             jumping through bureaucratic and                       our defense investments against other
                                             sities of Florida, Independent Colleges and             legal hoops. For many veterans ex-
                                             Universities of Missouri, Independent Col-                                                                     critical domestic needs. These are dif-
                                                                                                     posed to airborne toxic substances                     ficult questions, but ones that demand
                                             leges of Indiana, Independent Colleges of
                                                                                                     through burn pits, this bill also in-                  debate and honest review.
                                             Washington, Kansas Independent College As-
                                             sociation, Louisiana Association of Inde-               cludes a number of provisions to make                  VOTE ON NATIONAL DEFENSE AUTHORIZATION
                                             pendent Colleges and Universities, Maryland             it easier to identify their exposure and                 ACT FOR FISCAL YEAR 2021—CONFERENCE RE-
                                             Independent College and University Associa-             for them to make connections needed                      PORT
                                             tion, Midwestern Higher Education Compact,              while seeking medical care. It con-                      The PRESIDING OFFICER. Under
                                             Missouri Colleges Fund, Inc., NASPA—Stu-                tinues the march towards rectifying
                                             dent Affairs Administrators in Higher Edu-
                                                                                                                                                            the previous order, all postcloture time
                                                                                                     the Department of Defense’s PFOS/                      has expired.
                                             cation, National Association of College and             PFOA usage. While there is much to be
                                             University Business Officers, National Asso-                                                                     The question is on agreeing to the
                                                                                                     done in both these areas, this is a posi-              adoption of the conference report.
                                             ciation of Independent Colleges and Univer-
                                             sities, National Association of Schools and             tive step forward.                                       Mr. WHITEHOUSE. I ask for the yeas
                                             Colleges of the United Methodist Church, Na-              This bill is imperfect, but of par-
                                                                                                                                                            and nays.
                                             tional Collegiate Athletic Association, Net-            ticular concern to me is the addition in
                                                                                                                                                              The PRESIDING OFFICER. Is there a
                                             work of Colleges and Universities, Evan-                conference, without proper vetting or
                                                                                                                                                            sufficient second?
                                             gelical Lutheran Church in America.                     evaluation, of several provisions that
                                               New England Board of Higher Education,                                                                         There appears to be a sufficient sec-
                                                                                                     undermine the Freedom of Information
                                             North Carolina Independent Colleges and                                                                        ond.
                                                                                                     Act, our Nation’s premier transparency
                                             Universities, Northwest Commission on Col-                                                                       The clerk will call the roll.
                                                                                                     law. Many of these provisions were in
                                             leges and Universities, Ohio Foundation of                                                                       The senior assistant legislative clerk
                                             Independent Colleges, Online Learning Con-              neither the Senate nor the House bill.
                                                                                                                                                            called the roll.
                                             sortium, Oregon Community College Asso-                 For a number of years, I have worked
                                                                                                                                                              Mr. THUNE. The following Senators
                                             ciation, South Carolina Independent Colleges            in a bipartisan manner with other
                                                                                                                                                            are necessarily absent: the Senator
                                             and Universities, Southern Association of               members of the Judiciary Committee
                                                                                                                                                            from South Carolina (Mr. GRAHAM) and
                                             Colleges and Schools Commission on Col-                 to consult with the Senate Armed
                                             leges, Southern Regional Education Board,                                                                      the Senator from South Dakota (Mr.
                                                                                                     Services Committee to provide the
                                             State Higher Education Executive Officers                                                                      ROUNDS).
                                                                                                     feedback and expertise in FOIA mat-
                                             Association, Tennessee Independent Colleges                                                                      Mr. DURBIN. I announce that the
                                                                                                     ters, as it relates to proposals within
                                             and Universities Assoc., UNCF (United Negro                                                                    Senator from California (Ms. HARRIS) is
                                             College Fund, Inc.), UPCEA, Virginia Foun-              the NDAA. That inclusive process,
                                                                                                                                                            necessarily absent.
                                             dation for Independent Colleges, West Vir-              where committees of jurisdiction are
                                                                                                                                                              The PRESIDING OFFICER. Are there
                                             ginia Independent Colleges & Universities,              consulted on their areas of expertise,
                                                                                                                                                            any other Senators in the Chamber de-
                                             Western Interstate Commission for Higher                has ensured that the NDAA does not
                                                                                                                                                            siring to vote?
                                             Education, Wisconsin Association of Inde-               become a vehicle for unwise or harmful
                                             pendent Colleges and Universities.                                                                               The result was announced—yeas 84,
                                                                                                     policies.
                                                                H.R. 6395                              This time, however, a number of pro-                 nays 13, as follows:
                                               Mr. LEAHY. Mr. President, the Sen-                    visions needlessly piercing holes in                             [Rollcall Vote No. 264 Leg.]
                                             ate has before it today the result of a                 FOIA were inserted during conference                                      YEAS—84
                                             compromise. The conference report                       negotiations without any consultation                  Alexander         Cantwell       Cramer
                                             that will result in the adoption of the                 with     the    Judiciary    Committee.                Baldwin           Capito         Crapo




ctelli on DSK11ZRN23PROD with SENATE
                                                                                                                                                            Barrasso          Cardin         Daines
                                             National Defense Authorization Act—                     Unsurprisingly, a process that took                    Bennet            Carper         Duckworth
                                             NDAA—for fiscal year 2021 is neither                    place behind closed doors resulted in                  Blackburn         Casey          Durbin
                                             the bill the Senate approved, nor the                   policies undermining the American                      Blumenthal        Cassidy        Enzi
                                             one the House passed. I am pleased                      people’s ability to know what their                    Blunt             Collins        Ernst
                                                                                                                                                            Boozman           Coons          Feinstein
                                             that this conference report cures many                  government is doing. Unfortunately,                    Brown             Cornyn         Fischer
                                             of the problems that led to my vote to                  this is slowly becoming a routine prac-                Burr              Cortez Masto   Gardner




                                       VerDate Sep 11 2014   02:36 Dec 12, 2020   Jkt 019060   PO 00000   Frm 00010   Fmt 4637   Sfmt 0634   E:\CR\FM\A11DE6.004   S11DEPT1
                                             December 11, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                 S7443
                                             Gillibrand        McConnell          Scott (FL)         tive, and economists tell us that work-                to give to big government and big busi-
                                             Grassley          Menendez           Scott (SC)
                                             Hassan            Moran              Shaheen
                                                                                                     ing families today are in worse shape                  ness, surely it can find some relief for
                                             Heinrich          Murkowski          Shelby             right now than at any time since the                   working families and working individ-
                                             Hirono            Murphy             Sinema             Great Depression.                                      uals. And I would just submit to you
                                             Hoeven            Murray             Smith                And it is not just the children in                   that it is working families and working
                                             Hyde-Smith        Perdue             Stabenow
                                             Inhofe            Peters             Sullivan
                                                                                                     America—the       richest   country    on              people who should be first in line for
                                             Johnson           Portman            Tester             Earth—who are going hungry. You                        COVID relief, not last.
                                             Jones             Reed               Thune              have millions and millions of families                   That is why the amendment that
                                             Kaine             Risch              Tillis             who are scared to death that they are
                                             Kelly             Roberts            Toomey
                                                                                                                                                            Senator SANDERS and I have proposed
                                             King              Romney             Udall              going to be evicted from their homes                   is so common sense—$1,200 for individ-
                                             Klobuchar         Rosen              Van Hollen         and join the half a million people in                  uals, $2,400 for families, $500 for every
                                             Lankford          Rubio              Warner             America who are already homeless.                      child—and as Senator SANDERS rightly
                                             Leahy             Sasse              Whitehouse           We have half of our population work-
                                             Loeffler          Schatz             Wicker                                                                    said, every Member of this body has
                                             Manchin           Schumer            Young              ing day to day, living paycheck to pay-                voted yes, in favor of this relief before.
                                                                                                     check, trying to survive. This Congress                  What is more, I can’t figure who ex-
                                                                 NAYS—13                             must address the economic emergency                    actly is opposed to it. The President of
                                             Booker            Kennedy            Sanders            facing the American people. We cannot
                                             Braun             Lee                Warren                                                                    the United States has said that he is in
                                             Cotton            Markey             Wyden
                                                                                                     go back to our families during the                     favor of direct assistance. I thank the
                                             Cruz              Merkley                               Christmas holidays while tens of mil-                  majority leader for his own support of
                                             Hawley            Paul                                  lions of families are suffering. They are              direct assistance. The Speaker of the
                                                             NOT VOTING—3                            looking toward us and their govern-                    House says she is in favor of direct as-
                                             Graham            Harris             Rounds
                                                                                                     ment—their government—to provide                       sistance. And that is why there is no
                                                                                                     the emergency assistance that they                     reason why this body should leave next
                                               The conference report is agreed to.                   need.
                                               The PRESIDING OFFICER. The ma-                                                                               week before we vote on and approve di-
                                                                                                       Yesterday, Senator HAWLEY and I in-
                                             jority leader.                                                                                                 rect assistance to working families.
                                                                                                     troduced a very simple amendment—
                                                                                                                                                              Now, let me just say one other thing.
                                                              f                                      not a radical idea. In fact, we are way,
                                                                                                                                                            Let me tell you about a phone call I
                                                                                                     way behind what other countries
                                             FURTHER        CONTINUING         APPRO-                                                                       had with a friend of mine at home
                                                                                                     around the world are doing to protect
                                               PRIATIONS ACT, 2021, AND OTHER                                                                               when this Congress approved direct as-
                                                                                                     their workers. All that we want to do is
                                               EXTENSIONS ACT                                                                                               sistance back in March. He texted me,
                                                                                                     to once again provide the same benefits
                                                                                                                                                            and then he called me and he said: I am
                                               Mr. MCCONNELL. Mr. President, I                       that were provided in the CARES bill
                                                                                                                                                            seeing this news about relief that we
                                             ask unanimous consent that the Sen-                     that        unanimously—unanimously,
                                                                                                                                                            are going to maybe get a check. Is that
                                             ate proceed to the immediate consider-                  Democrats,        Republicans—President
                                                                                                                                                            real?
                                             ation of H.R. 8900.                                     Trump signed it, supported it. We all
                                                                                                                                                              I said: Yeah, that is real.
                                               The PRESIDING OFFICER. The                            came together in March to say that
                                                                                                                                                              He said: Well, I don’t know. I am wor-
                                             clerk will report the bill by title.                    every working-class adult in this coun-
                                                                                                                                                            ried about taking it. I mean, what if we
                                               The legislative clerk read as follows:                try would get $1,200 and their kids
                                                                                                                                                            spend the money? I mean, we could use
                                               A bill (H.R. 8900) making further con-                would get $500.
                                                                                                       So if you have a husband and wife                    the money, but what if we spend it, and
                                             tinuing appropriations for fiscal year 2021,
                                                                                                     and two kids, that is 3,400 bucks.                     I can’t pay it back? You know, it
                                             and for other purposes.
                                                                                                     Maybe they can use that money to pay                   comes back and now I have got to pay
                                               The PRESIDING OFFICER. Is there                                                                              it back?
                                             objection to proceeding to the meas-                    a couple of months’ rent, buy some
                                                                                                     food, go to the doctor. We are looking                   I said: You don’t have to pay it back.
                                             ure?                                                                                                           It is relief, because you need it, be-
                                               Mr. SANDERS. Mr. President, reserv-                   at a horrible pandemic now. You have
                                                                                                     90 million people who are uninsured or                 cause you are working. This is a guy
                                             ing the right to object.                                                                                       who works in concrete. That is his
                                               The PRESIDING OFFICER. The Sen-                       underinsured. That is all we are ask-
                                                                                                     ing—to do what we unanimously did in                   business.
                                             ator from Vermont.                                                                                               And he said: Are you serious, now?
                                               Mr. SANDERS. Mr. President, it is                     March, to make sure that our unem-
                                                                                                     ployed workers get the benefits they                   You are serious that we can keep this
                                             no great secret that the American peo-                                                                         money? I can use this for my family.
                                             ple understand how far removed the                      need to make sure that working fami-
                                                                                                     lies get that $1,200 check per person.                   I said: That is exactly what it is for.
                                             U.S. Congress and both political par-                                                                            And his comment to me was—his
                                                                                                       Now, I have been here for a while. I
                                             ties are from their needs. They do polls                                                                       words were: Man, this is a godsend.
                                                                                                     am not one of the Members of the Sen-
                                             out there, depending on the month, and                                                                           There are families like that not just
                                                                                                     ate who shuts down, does this and does
                                             Congress gets a 10-percent approval                                                                            all over Missouri, not just all over
                                                                                                     that, and keeps people here for weeks.
                                             rating, and, on a good day, maybe a 20-                 I don’t do that. But this I want to say                Vermont, but all over this Nation, and
                                             percent approval rating.                                right now: I am prepared to withdraw                   they are in need today like they were
                                               People understand that, to a shame-                   my objection at this moment, but I                     in need in March. It is incumbent upon
                                             ful degree, what Congress does is worry                 will not be prepared to withdraw an ob-                this body to act, and we should not
                                             about the needs of wealthy campaign                     jection next week. We will deal with                   leave until we do that.
                                             contributors—both political parties—                    the financial crisis facing tens of mil-                 So having reserved the right to ob-
                                             and turns their backs on the needs of                   lions of Americans. And if I have any-                 ject, today, I do not object.
                                             working people.                                         thing to say about it—and I guess I                      I yield the floor.
                                               A few months ago, in Burlington, VT,                  do—we are not going to go home for                       Mr. SANDERS. Mr. President, I with-
                                             not far from where I live, they shut                    the Christmas holidays unless we make                  draw my objection.
                                             down the road so that people could line                 sure that we provide for the millions of                 The PRESIDING OFFICER. Is there
                                             up in their cars to get emergency food                  families in this country who are suf-                  objection to proceeding to the meas-
                                             distributed by the Vermont National                     fering.                                                ure?
                                             Guard—hundreds and hundreds of peo-                       With that, I would yield to Senator                    Without objection, it is so ordered.
                                             ple in Burlington and all over the State                HAWLEY.                                                  The majority leader.
                                             of Vermont. And, by the way, Vermont                      The PRESIDING OFFICER. The Sen-                        Mr. MCCONNELL. Mr. President, I
                                             probably is in better shape than most                   ator from Missouri.                                    ask unanimous consent that the bill be




ctelli on DSK11ZRN23PROD with SENATE
                                             States in this country. We have more                      Mr. HAWLEY. Mr. President, reserv-                   considered read a third time.
                                             hunger in America today than at any                     ing the right to object, this is a very                  The PRESIDING OFFICER. Is there
                                             time in the modern history of this                      simple thing that we are talking about,                objection?
                                             country. This pandemic has been a dis-                  and I can boil it down real easily.                      Without objection, it is so ordered.
                                             aster not only from a public health per-                  If the Senate of the United States                     The bill was ordered to a third read-
                                             spective but from an economic perspec-                  can find hundreds of billions of dollars               ing and was read the third time.



                                       VerDate Sep 11 2014   02:36 Dec 12, 2020   Jkt 019060   PO 00000   Frm 00011   Fmt 4637   Sfmt 0634   E:\CR\FM\A11DE6.003   S11DEPT1


File and source

File
CREC_crec-2020-12-11_crec-2020-12-11-pt1-pgs7437-4.pdf
Size
267,039 bytes
SHA-256
adec0ab4ab03b652e2acab5af238167c679a55ab66e62f5fc6818ebfeeb3ad03
Our copy
CREC_crec-2020-12-11_crec-2020-12-11-pt1-pgs7437-4.pdf
Original
www.govinfo.gov
Back to top