Coronavirus (Cong. Rec., Dec. 19, 2020, p. S7833)
Summary
This is S7833 of the Congressional Record, Senate, December 19, 2020, with interleaved columns. The page opens with the end of remarks, by a Senator whose name is not printed in the text read, saying the only significant hurdle to completing a relief agreement is a provision proposed by Senator Toomey. A cloture motion on the nomination of Thompson Michael Dietz to be a Judge of the United States Court of Federal Claims is agreed to by Rollcall Vote No. 275, yeas 50 and nays 37. Under the heading Coronavirus, Mr. Cornyn says the FDA has issued an emergency approval for a second COVID-19 vaccine, developed by Moderna, and that both vaccines are estimated to be 95 percent effective, with the views attributed to the speakers.
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Cite this document
“Coronavirus (Cong. Rec., Dec. 19, 2020, p. S7833).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-19-crec-2020-12-19-pt1-pgs7833-2-da4bc7bf27/
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December 19, 2020 CONGRESSIONAL RECORD — SENATE S7833
concern only about winding down the Mr. ALEXANDER. Mr. President, I Tillis Warner Wicker
Toomey Whitehouse Young
emergency lending facilities estab- ask unanimous consent that the man-
lished in the CARES Act. If that is datory quorum call be waived. NAYS—37
what he is genuinely concerned about, The PRESIDING OFFICER. Without Baldwin Gillibrand Sanders
there is a path to compromise. But his objection, it is so ordered. Bennet Heinrich Schatz
Blumenthal Hirono Schumer
proposal goes much further and in- CLOTURE MOTION Brown Jones Shaheen
cludes prohibitions on the Treasury The PRESIDING OFFICER. Pursuant Cantwell Kaine Smith
and the Fed’s authority that would Cardin Klobuchar Stabenow
to rule XXII, the Chair lays before the Carper Leahy
handicap our recovery efforts moving Senate the pending cloture motion, Casey Markey
Tester
forward—not just during this crisis but Udall
which the clerk will state. Coons Merkley
Van Hollen
any future crisis. We cannot agree to The bill clerk read as follows: Cortez Masto Murphy
Warren
that, nor is it what the Senator from Duckworth Murray
CLOTURE MOTION Durbin Wyden
Peters
Pennsylvania says he cares about. Feinstein Reed
We, the undersigned Senators, in accord-
What he is proposing is not about ance with the provisions of rule XXII of the NOT VOTING—13
COVID or helping the American people; Standing Rules of the Senate, do hereby Blunt Fischer Portman
it is about tying the hands of the next move to bring to a close debate on the nomi- Burr Harris Risch
Treasury Secretary and the next Fed nation of Thompson Michael Dietz, of New Cruz Loeffler Rounds
Chairman in a true emergency. So I Jersey, to be a Judge of the United States Enzi Paul
hope our Republican friends can agree Court of Federal Claims for a term of fifteen Ernst Perdue
to compromise here. Senator TOOMEY’s years. The PRESIDING OFFICER. On this
legislation is the only significant hur- Mitch McConnell, Chuck Grassley, Mike vote, the yeas are 50, the nays are 37.
Crapo, Shelley Moore Capito, John Cor- The motion is agreed to.
dle to completing an agreement, and nyn, Cindy Hyde-Smith, Steve Daines,
Republicans need to make a decision. The Senator from Texas.
Mike Lee, Ron Johnson, Thom Tillis,
We are quickly approaching an all- Richard Burr, Pat Roberts, Cory Gard-
CORONAVIRUS
or-nothing situation. Everybody needs ner, Tom Cotton, John Boozman, John Mr. CORNYN. Mr. President, as we
to make a decision about whether we Hoeven, Lindsey Graham. all know by now, yesterday brought
are going to pass this much needed re- The PRESIDING OFFICER. By unan- even more great news on the vaccine
lief or not and about eleventh hour de- imous consent, the mandatory quorum front. The FDA has now issued an
mands and whether they are worth call has been waived. emergency approval for a second
holding up the entire bill. The question is, Is it the sense of the COVID–19 Vaccine. This one will be de-
We made great strides and great Senate that debate on the nomination veloped by the American biotech com-
progress over a few days. You can use of Thompson Michael Dietz, of New pany Moderna and millions of doses
whatever football analogy you want— Jersey, to be a Judge of the United will be distributed across the country.
we are on the 5-yard line or the 1-yard States Court of Federal Claims for a I should say millions more doses will
line or whatever. The truth is simple: term of fifteen years, shall be brought be distributed across the country in
We are close to an agreement, but we to a close? the coming days.
need to finalize it. We need to finalize As we know, the first vaccine ap-
The yeas and nays are mandatory
it, and only the Toomey provision proved, which was created by Pfizer
under the rule.
stands in the way. and BioNTech, was approved just over
The clerk will call the roll.
We are ready to deliver a desperately a week ago, and already thousands of
The bill clerk called the roll.
needed extension to the historic unem- healthcare workers have been vac-
Mr. THUNE. The following Senators
ployment benefits the Democrats se- cinated. In my State, we expect a mil-
are necessarily absent: the Senator
cured in March; direct survival checks lion people—a million Texans—to be
from Missouri (Mr. BLUNT), the Senator
to millions of American families on the vaccinated by the end of this month,
from North Carolina (Mr. BURR), the
brink of financial collapse; crucial re- which is a remarkable achievement
Senator from Texas (Mr. CRUZ), the
lief to our schools, our small busi- and one we ought to celebrate.
Senator from Wyoming (Mr. ENZI), the Both of these vaccines will be ex-
nesses, and our healthcare system; and Senator from Iowa (Ms. ERNST), the
funding to support the production and traordinarily effective, estimated to be
Senator from Nebraska (Mrs. FISCHER), 95 percent effective. If you think about
distribution of a vaccine. the Senator from Georgia (Mrs. LOEF-
If we do our jobs, we will deliver the the seasonal flu vaccine, for example,
FLER), the Senator from Kentucky (Mr.
second largest Federal stimulus in our it is, generally speaking, no more than
PAUL), the Senator from Georgia (Mr. 60 percent effective and many times far
Nation’s history, second only to the
PERDUE), the Senator from Ohio (Mr. less. So 95 percent represents an amaz-
CARES Act earlier this year. It is still
PORTMAN), the Senator from Idaho (Mr. ing accomplishment. So the American
not as large or as comprehensive as the
RISCH), and the Senator from South people have every reason to be opti-
country needs or as our side wants, but
Dakota (Mr. ROUNDS). mistic about our ability to put this
it will be larger than even the Recov-
Mr. DURBIN. I announce that the virus in the rearview mirror, once and
ery Act, called ARRA, in the wake of
Senator from California (Ms. HARRIS) is for all.
the last financial crisis.
necessarily absent. As we now know, the first round of
We have given ourselves already an
The PRESIDING OFFICER. Are there Pfizer vaccines were sent to major hos-
extension to finish our work. Let’s not
any other Senators in the Chamber de- pitals across the country, including
ask for another one. It is time for a
siring to vote? more than 100 in my State. Unfortu-
conclusion. We have 2 days to cross the
The yeas and nays resulted—yeas 50, nately, rural areas were almost en-
t’s, dot the i’s, and come to an agree-
nays 37, as follows: tirely excluded. This is largely because
ment. The country expects us to finish
our work and deliver a result for the [Rollcall Vote No. 275 Ex.] of the infrastructure required to use
American people. YEAS—50 the Pfizer vaccine, which must be kept
I yield the floor. Alexander Graham Menendez at a negative 94 degrees Fahrenheit,
I suggest the absence of a quorum. Barrasso Grassley Moran which is significantly colder than the
Blackburn Hassan Murkowski average freezer. While you are likely to
The PRESIDING OFFICER. The Booker Hawley Roberts
clerk will call the roll. Boozman Hoeven Romney
find these ultra-low-temperature freez-
The legislative clerk proceeded to Braun Hyde-Smith Rosen ers in major hospitals and major re-
call the roll. Capito Inhofe Rubio search labs, they are far less likely to
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Cassidy Johnson
Mr. ALEXANDER. Mr. President, I Collins Kelly
Sasse be found in smaller, rural hospitals. So
Scott (FL) when the first round of Pfizer vaccines
ask unanimous consent that the order Cornyn Kennedy
Scott (SC)
for the quorum call be rescinded. Cotton King
Shelby
went out the door, they were only sent
The PRESIDING OFFICER (Mr. Cramer Lankford to hospitals with the necessary equip-
Crapo Lee Sinema
JOHNSON). Without objection, it is so Daines Manchin Sullivan ment and a large number of workers
ordered. Gardner McConnell Thune who needed the vaccine. As a result,
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S7834 CONGRESSIONAL RECORD — SENATE December 19, 2020
the healthcare heroes in rural areas, the politics leading up to the election, gate, the benefit that we intended by
who have been fighting the same virus, where we haven’t been able to do more developing the PPP program in the
often with fewer staff, fewer resources, since March, and so we have to do what first place. This will happen as early as
and fewer treatments, were left wait- we have to do. January when many businesses have to
ing. But we have every reason to be- The second thing I want to mention, pay their estimated tax. There will be
lieve that this will change with the ap- which is more about substance, is an incredible backlash, I believe, be-
proval of the Moderna vaccine. This about the Paycheck Protection Pro- cause I think the recipients of the PPP
doesn’t require the same low tempera- gram and the deductibility of ordinary loans and grants have every reason to
ture storage and can be kept at around business expenses. I believe the Pay- expect, as Congress intended, that they
40 degrees Fahrenheit for 30 days. This check Protection Program has been would be able to deduct their ordinary
will make it easier to safely transport one of the most successful parts of our business expenses.
these vaccines from manufacturing COVID–19 economic relief. The goal, of What is going to happen if we don’t
sites to rural parts of Texas and the course, was to provide small businesses fix that in this underlying bill? Well,
rest of the country and ensure that all access to low-interest loans, which we are going to end up doing it next
of our healthcare heroes, our frontline could be converted into grants based year, I promise you, because I think
workers, and, eventually, the general upon their willingness to maintain the backlash we are going to feel here
public will not be left behind. their payroll and keep their employees from the businesses that have been suf-
There is no reason why rural connected with the business. fering, have been hanging on by a
healthcare workers in Texas or any- The hope was that these businesses thread—that all of a sudden, they have
where should be denied this lifesaving would survive and would rebound after an unexpected tax bill of roughly, ac-
vaccine when their peers in larger we got the virus in the rearview mir- cording to the Wall Street Journal,
urban areas are already receiving it. ror. We didn’t know how long that was about $120 billion worth.
This is yet another reason to celebrate going to last, and, indeed, it has lasted We ultimately are going to have to
the approval of the second successful longer than any of us would have want- fix that, so we might as well fix it on
vaccine, and I am eager for the ed or had planned. But it is important the front end rather than on the back
Moderna vaccine to arrive in that this Paycheck Protection Pro- end after our constituents who have
healthcare facilities across Texas. gram be revived because time is run- been the recipients of the PPP grants
Mr. President, that brings me to the ning out. rise up in outrage, really, that we
business that remains before the Sen- In my State, roughly $41 billion has haven’t taken care of this now when we
ate today and, likely, for the next cou- been granted or—excuse me—loaned should. So I hope that in the negotia-
ple of days. After months of trying to with potential for grants to about tions on this COVID–19 relief bill, we
come together on coronavirus legisla- 417,000 businesses. This has been an es- include the deductibility of ordinary
tion—months—the last several days sential part of our response to COVID– business expenses for recipients of PPP
have given the American people a lot of 19 and the economic fallout associated grants.
reason to hope. First of all, it seems with it. But when we passed the PPP The funding we provided earlier this
like, for the first time in months, there program in March, we expected—the year for vaccine distribution has al-
is actually bipartisan interest in Congress expected that businesses that ready been depleted, and States are
achieving an agreement. That wasn’t got the loans that were converted to dipping into other sources of funding to
the case in the runup to the election, grants would be able to deduct their or- ensure they have the capabilities to
where we had at least three or more dinary business expenses in the year carry out the widespread vaccination
cloture votes fail in the Senate. 2020. effort. That is another reason why we
So for months additional coronavirus Now, I know that may not be the best need to pass this COVID–19 relief bill as
relief was defeated by our Democratic tax policy in the world, but we could soon as possible.
colleagues who weren’t even interested choose one of two ways to get financial Workers lost bolstered Federal unem-
in the runup to the election on pro- relief to the small businesses. We can ployment benefits at the end of July,
viding additional relief after the shovel money in the front door, or we and they are set to lose additional ben-
CARES Act passed last March. But, can allow them to deduct their ordi- efits the day after Christmas.
hopefully, that has all changed now nary business expenses even though Small businesses, as I said, are strug-
after the election. Negotiators are they received a grant from the Federal gling to stay afloat, especially as the
working around the clock to reach an Government. winter weather hampers outdoor dining
agreement that will gain the support of The reason why I say I know this was and events. I saw the snow that hit
both parties and reach the President’s part of the understanding in March New York, where many of the res-
desk before we gavel out for the holi- when we passed the bill is because I taurants—because they have been shut
days. But the days are dragging on, the have now—because of the Treasury De- down, indoor dining has been shut
clock is ticking, and the time is run- partment’s opposition to the deduct- down. They tried to build up some in-
ning out. ibility of ordinary business expenses frastructure outside their restaurants,
I want to mention two things—one for the recipients of the PPP grant, be- but now even those have been closed
about the process, and the other is cause of the Treasury Department’s po- down because of the weather.
about the substance included in what- sition that those are not deductible, we People are hurting and need help.
ever the package will look like. have had to file legislation which will Parents and teachers are wondering
First of all, given the way that this override the Treasury Department’s when their children will be able to re-
is being negotiated, basically there are guidance and allow for that deduct- turn to in-person learning and how
four people who are negotiating this ibility. schools will be able to keep them safe
massive spending package on behalf of Again, this is not an ideal way to when they do.
the 535 Members of Congress, and es- write tax policy, but under the exigent The list goes on and on.
sentially, because this has been pushed circumstances here, I think it makes Earlier this year, we made a $3 tril-
off until these last days of the 116th perfect sense. Again, you can either lion investment in our war against
session of Congress, the only thing write more checks on the front end, or COVID–19, and that funding has been
most rank-and-file Members will be you can allow businesses financial re- critical, not only to get us to where we
able to do is to vote up or down. In lief by deducting their ordinary ex- are today in terms of therapeutics and
other words, there is no opportunity to penses on the back end. vaccines but also to keep our economy
amend it through regular order. What I fear will happen, because of from tanking entirely. But those funds
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I just have to say, this is a terrible the opposition of the Treasury Depart- are drying up, programs are expiring,
way to do business, and in the future, I ment, is that, come January, the busi- and the American people are counting
hope we do better because this is al- nesses that have received this incred- on us once again to provide the support
most the worst of all worlds when it ibly important PPP benefit will find they need.
comes to legislating. But we know our themselves having to pick up—having a There appear to be a few remaining
backs are against the wall because of tax bill, which will reverse, if not ne- sticking points in the negotiations, but
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December 19, 2020 CONGRESSIONAL RECORD — SENATE S7835
there is no reason why Congress over 16,000 votes. Not all of them were But after careful consideration and
shouldn’t be able to reach an agree- easy, but I never thought there was listening to his testimony at his nomi-
ment. The steady drip of information any question about whether I would nation hearing, I voted no on his con-
from congressional leaders is encour- vote. firmation.
aging, but progress doesn’t pay the (Mrs. HYDE-SMITH assumed the Mr. Barr has long-held, expansive
bills. Chair.) views of Executive power. And prior to
Enough time has been wasted this DEPARTMENT OF JUSTICE his nomination—this is prior to his
year on partisanship and political pos- Now, Madam President, the hour of 1 nomination—he shared those views
turing. We have reached a make-it-or- o’clock has arrived. I will claim my with the President in a bizarre, 19-page
break-it moment, and there is no room time, and I am going to speak about memorandum, making the case that a
for inaction. The American people are the Department of Justice and the Of- President can obstruct a criminal in-
looking to us to protect their health fice of the Attorney General. vestigation with near impunity. It was
and their livelihoods, and we cannot let William Barr’s second tenure as At- clear to me that Mr. Barr’s views
them down. torney General is coming to an end. At would be weaponized by President
I yield the floor. this time, it is important for the Sen- Trump—a man who derides any limits
I suggest the absence of a quorum. ate to reflect upon his legacy and upon on his authority. The President, I said
The PRESIDING OFFICER. The the challenges now facing the Depart- at that time, needs a much tighter
clerk will call the roll. ment of Justice. leash.
The senior assistant legislative clerk As we all know, the Office of Attor- By any measure, the last 2 years have
proceeded to call the roll. ney General fills a unique role within been worse than I feared. Time and
Mr. LEAHY. Mr. President, I ask our system of government. It was cre- again, Attorney General Barr has acted
unanimous consent that the order for ated by the Judiciary Act of 1789, and in the best interests of Donald Trump,
the quorum call be rescinded. in its creation, it was obvious the At- not in the best interests of the country.
The PRESIDING OFFICER. Without torney General is not a traditional He has intervened and he has overruled
objection, it is so ordered. member of the President’s Cabinet. career prosecutors only in cases to ben-
Mr. LEAHY. Mr. President, I am Supreme Court Justice James Iredell efit the President and his friends. He
going to be speaking just a few minutes observed in 1792 that the position ‘‘is has departed from Department norms.
on another matter, and I believe I will not called the Attorney General of the He has misrepresented the Depart-
have time at 1 o’clock. President, but Attorney General of the ment’s work. He has eroded public
With nobody else seeking the floor at United States.’’ This is because an At- trust in the Department as a result. I
the moment, I would just add to what torney General’s client is not the will speak to just a handful of exam-
the distinguished Senator from Texas President; the Attorney General’s cli- ples.
just said. I discussed this with him off ent is the American people—all of us, In late 2019, a jury, with over-
the floor after he spoke. all of us. whelming evidence, convicted former
There is a concern about what might An Attorney General’s duty is not to Trump campaign adviser Roger Stone
be in the omnibus bill and in the defend the President but to uphold the for obstructing a bipartisan congres-
COVID bill, and here on a Saturday and rule of law and do so with integrity and sional investigation and lying under
tomorrow, Sunday, or whatever, we are independence. oath and witness tampering. The evi-
finished, and we are rushing it through. Now, we know that President Trump dence was overwhelming. The jury con-
I would remind everybody that we were has a very different view. He views the victed him. So, consistent with sen-
ready to bring up the appropriations Office of Attorney General as an exten- tencing guidelines that apply to every-
bills that make up the omnibus in sion of his political power to be wielded body, prosecutors recommended a 7- to
July. The House of Representatives had like a weapon to further his agenda. He 9-year sentence.
sent over—in June, it sent over their believes it exists to benefit him person- President Trump immediately took
COVID bill. We could have brought it ally, to target his opponents, and to to Twitter to criticize the prosecution,
up then. We could have started having protect him and his friends. His view and just hours later—after he had
a series of votes. It might have taken stands in stark contrast to everything tweeted his objections—Attorney Gen-
us 2 or 3 weeks to have votes every day the Attorney General is supposed to eral Barr intervened. He overruled the
on different parts of their proposal— represent. prosecutors. He disregarded the sen-
Democrats’ proposals, Republicans’ It came as no surprise, then, that tencing guidelines that are supposed to
proposals, the Appropriations’ pro- during his nomination hearing, Mr. apply to anybody.
posals—and vote them up or down. I Barr was questioned about which type What happened next reminded me of
had urged that. of Attorney General he would be—the something Judge Michael Mukasey
Republicans have the majority in the President’s lawyer or an impartial pur- said when he testified in support of Mr.
U.S. Senate. If they didn’t like pro- suer of justice. Barr at his confirmation hearing.
posals the Democrats had, they could Mr. Barr was adamant in that hear- Judge Mukasey said if Mr. Barr ever
vote them down. But instead they ing that while he may sympathize with failed to serve with independence, he
seemed almost terrified to vote. the President’s policy choices, his role would ‘‘find a mound of resignations on
Ah, but there was a reason. We would as a policy advisor would be distinct his desk.’’ Well, in this instance, all
have had to take 2 or 3 weeks to vote from that of the Nation’s chief law en- four career prosecutors withdrew from
all of this up or down, but we had to forcement officer. If confirmed, he as- the case. In fact, two resigned from the
take, instead, the time to put through sured all of us, his job would not be to Justice Department altogether. And at
lifetime judgeships of people who have protect the President. sentencing, Judge Amy Berman Jack-
been recommended by special interest Thirty years ago, I voted for Mr. Barr son took the rare step of defending
groups. That is beneath the U.S. Sen- to serve as Attorney General to then- both the career prosecutors and their
ate. President George H. W. Bush. I had my sentencing recommendation. She stat-
But, unfortunately, while these peo- disagreements with him at that time— ed that it was ‘‘true to the record’’ and
ple got lifetime jobs with high pay, in fact, several. But I voted for him. ‘‘in accordance with law and [Depart-
hundreds of thousands and millions of When I heard in late 2018 that Presi- ment of Justice] policy.’’
Americans have lost their jobs, have dent Trump intended to nominate him Attorney General Barr’s intervention
lost their places to live, are unable to for a second tenure as Attorney Gen- left me with just one question: Could
educate their children, and hundreds of eral, frankly, I was hopeful. After the anyone, other than the President’s
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thousands have lost their lives. This is short, yet disastrous, tenure of a to- close friend—a man who, according to
not the U.S. Senate’s finest hour. tally unqualified Acting Attorney Gen- Judge Jackson, broke the law and ‘‘was
We should have been doing our job eral who eagerly bent to the will of prosecuted for covering up for the
and voting these things up or down. I President Trump, I was hopeful that President’’—receive such leniency from
know some may be afraid of what they Mr. Barr would restore some independ- the Attorney General? I think the an-
had to vote, but so what? I have cast ence to the office. swer is pretty obvious. If you are a
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