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Congressional Record, Senate, October 18, 2021, Page S7027

Summary

A page of the Congressional Record, Senate, dated October 18, 2021, at page S7027. Mr. Sullivan of Alaska, under the heading Vaccines, speaks on what he calls a topic that not enough people are talking about, saying many Americans distrust the Federal Government or the medical establishment and that the President's action to require employers to get workers vaccinated or have them fired is unprecedented. He calls it unconstitutional and says it shows contempt for hardworking Americans, and contrasts it with earlier bipartisan pandemic aid that told employers to keep their employees. The remarks are the Senator's own and are partisan.

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“Congressional Record, Senate, October 18, 2021, Page S7027.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-10-18-crec-2021-10-18-pt1-pgs7027-f053ab8997/, SHA-256 fbcd52e84f7fb6d1139034161531b21ba4b2cdb3679bdd3d2dec35b1f26a6e96.

Full text

                                               October 18, 2021                                  CONGRESSIONAL RECORD — SENATE                                                               S7027
                                               the motion to reconsider is considered                  tories of abuse and don’t trust the Fed-               helped us get through the pandemic
                                               made and laid upon the table, and the                   eral Government or the medical estab-                  economically.
                                               President will be immediately notified                  lishment. Some of them have dug in                       Joe Biden is taking a sledge hammer
                                               of the Senate’s action.                                 their heels and believe the government                 to that connection. It is actually the
                                                 The PRESIDING OFFICER. The Sen-                       simply doesn’t have the right to tell                  exact opposite. We are still challenged
                                               ator from Alaska.                                       them what substance to put in their                    by the pandemic. Our economy is still
                                                                    VACCINES                           bodies.                                                challenged.
                                                  Mr. SULLIVAN. Mr. President, I                         The President of the United States is                  But what is he doing?
                                               want to address a topic this afternoon                  taking this unprecedented—and it is                      If you don’t listen to Joe Biden, pri-
                                               here in the U.S. Senate that I believe                  unprecedented—action: Get a vaccine                    vate employers in America, you have
                                               not enough people are talking about. It                 or the Federal Government will man-                    to fire your employees.
                                               is something that I certainly heard a                   date you get fired.                                      That is exactly the opposite of how
                                               lot about when I was back home in                         It is not just in my view unconstitu-                this body worked across the aisle,
                                               Alaska, and I think it is something                     tional, but it shows contempt for hard-                Democrats and Republicans, and the
                                               that millions of Americans are talking                  working Americans; contempt that I                     previous President. The approach was
                                               about.                                                  see percolating again and again among                  this: We are going to help you, but you
                                                  But nobody here on the Senate floor                  some in the far left.                                  have to keep your employees. That is
                                               is talking about, but we should be be-                    Think about it. You don’t say what                   the right approach. That is the right
                                               cause this goes to constitutional au-                   you think we should say, you are fired.                approach, and yet no one is talking
                                               thority, and it goes to what I believe                  You work for an industry that used to                  about this new approach from the new
                                               means to be an American—freedom,                        power America but now is out of favor                  President: Do what I say, even though
                                               liberty, and it is this: the Executive                  with some on the left—oil, gas, coal,                  I don’t have the constitutional author-
                                               order that the President—President                      especially in Alaska, as the Presiding                 ity. You have to get a mandate, even
                                               Biden issued mandating vaccinations                     Officer knows—we will shut down your                   though I don’t have the constitutional
                                               for both Federal contractors and pri-                   business and we will make sure your                    authority. And if you don’t, I am going
                                               vate employers.                                         employees are fired. You speak your                    to make sure private employers fire
                                                  In essence, what he has said in this                 mind about an issue, you are fired. You                their employees—oh, right before
                                               Executive order—we are still waiting                    don’t take a vaccine, you are fired.                   Christmas.
                                               on the rule—is that employers need to                     Oh, by the way, I think the Federal                    Doesn’t anyone have a problem with
                                               have people who are vaccinated—all                      deadline on the vaccination put out by                 this?
                                               their employees by a certain date or                    the President is December 8. So you                      Well, I have a problem with this.
                                               they are going to be fired.                             are going to be fired right before the                 And, again, I think people should get
                                                  That is the President of the United                  holidays.                                              vaccinated. I just don’t think the
                                               States saying he has that power to                        Now, as you know, this is a 180-de-                  President of the United States has the
                                               force employers to make their employ-                   gree turn—180 about-face—with regard                   constitutional authority to tell Ameri-
                                               ees decide between a vaccination or                     to what this body did last year.                       cans: Do it or you are going to get
                                               putting food on the table for their fam-                  What do I mean?                                      fired.
                                               ilies. Vaccination or you are fired.                      So we worked in a bipartisan way                       So here is what I hope. I have been
                                                  We are not talking about that, and                   during 2020, when the pandemic hit,                    reaching out to some of our business
                                               this is unprecedented—unprecedented.                    particularly the CARES Act. I think                    leaders to make a respectful request,
                                               Never before has a President claimed                    every U.S. Senator voted for that. But                 and it is this: You don’t want to fire
                                               the authority to actually do this. The                  the other relief that we worked hard                   your employees. Heck, this country
                                               military is a different exception. Pri-                 on, Democrats and Republicans—when                     doesn’t have enough people who are
                                               vate employers who have some connec-                    the historians look back at 2020, there                working right now.
                                               tion to the Federal Government or oth-                  are going to be a lot of things, but I                   You have the Biden economy, which
                                               erwise, tell your employees: Get vac-                   think one good thing is they are going                 is long lines, superhigh energy prices,
                                               cinated or you are fired.                               to say the Congress of the United                      people who aren’t working, and empty
                                                  And the President of the United                      States came together, no playbook—we                   shelves. We need more workers. We cer-
                                               States is claiming the constitutional                   certainly had never seen this before—                  tainly don’t need the President of the
                                               authority to do that.                                   came together to help the American                     United States telling employers: Fire
                                                  I don’t even think it is a close call. I             people; Democrats, Republicans, the                    your people prior to Christmas, but
                                               don’t even think it is a close call.                    President—that was President Trump—                    that is what he is doing.
                                               Never been done before, and I don’t                     on relief.                                               So here is what I think, respectfully,
                                               even think it is a close call whether                     And here is the thing. This is why I                 our business leaders should be doing.
                                               the President has the constitutional                    mean it is a 180-degree turn. One of the               They should be looking and remem-
                                               authority to do this.                                   core principles of all the relief pack-                bering what we did last year. For ex-
                                                  Think about, if he did, what this                    ages that we passed last year—the                      ample, if you are an airline executive,
                                               could mean for power in other realms                    aviation relief packages that helped                   we all worked really hard to make sure
                                               that the executive branch or President                  our airlines, the PPP—throughout all                   we continued to have air service for
                                               would have.                                             the relief bills that passed this body in              America and it was safe and that you
                                                  Now, I will stipulate right here, I am               a bipartisan way, one critical compo-                  kept your employees.
                                               vaccinated. I have encouraged others                    nent was we need to make sure employ-                    So what our business leaders should
                                               to get a vaccine in consultation with                   ers and employees stay connected.                      be doing is saying respectfully: Mr.
                                               their doctors. We all want to put this                    Almost all the relief said: All right.               President, it is highly unlikely you
                                               pandemic behind us, no doubt about it.                  Airline industry, we can’t let you go                  have this authority, and I don’t want
                                               The vaccinations help with that. But                    under. You have got to stay safe in                    to fire my employees.
                                               that doesn’t mean there should be an                    terms of the ability to fly for the                      The best business leaders I know are
                                               excuse to look the other way when the                   American people. You are going to get                  very loyal to their employees.
                                               President is acting in an unconstitu-                   billions and billions and billions in re-                So hold off. Don’t fire them because
                                               tional manner.                                          lief, but you can’t fire your employees.               Joe Biden says you have to. In the liti-
                                                  And there are many reasons, cer-                     You have to keep them connected.                       gation that is going to play out in this




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                                               tainly with regard to my constituents,                    The PPP, the estimates are tens of                   country, he almost certainly is going
                                               that people might be hesitating with                    millions of Americans kept their jobs                  to lose—almost certainly. I don’t think
                                               regard to a vaccine. Some of them have                  because of that program. You got re-                   there is a court in America that says
                                               health conditions that preclude them                    lief, small business in America, but you               that the President of the United
                                               from taking a vaccine. Some of them                     can’t fire your employees. That was                    States, without Congress’s permission
                                               may have serious religious objections                   the agreement. That is what we worked                  or passing a law—that the President of
                                               to the vaccine. Some of them have his-                  on. That was the core principle that                   the United States on his own—has the



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                                               S7028                                             CONGRESSIONAL RECORD — SENATE                                                      October 18, 2021
                                               power to go to private sector employ-                                     CLOTURE MOTION                         The PRESIDING OFFICER. Without
                                               ees and say: Your employees have to                       Mr. SCHUMER. Mr. President, I send                   objection, it is so ordered.
                                               get vaccinated or you, Mr. Employer,                    a cloture motion to the desk.                                            f
                                               have to fire them.                                        The PRESIDING OFFICER. The clo-
                                                  I think the President is going to lose               ture motion having been presented                      RELATING TO THE DEATH OF THE
                                               that case in every court in America. So                 under rule XXII, the Chair directs the                   HONORABLE ADLAI EWING STE-
                                               if you are a business leader, here is my                clerk to read the motion.                                VENSON III, FORMER SENATOR
                                               respectful request: Hold off. Wait for                    The senior assistant legislative clerk                 FOR THE STATE OF ILLINOIS
                                               the litigation to play out, and don’t                   read as follows:                                         Mr. SCHUMER. Mr. President, I ask
                                               fire your employees because the Presi-                                CLOTURE MOTION                           unanimous consent that the Senate
                                               dent has told you to because they                         We, the undersigned Senators, in accord-             proceed to the consideration of S. Res.
                                               haven’t     gotten    vaccinated   before               ance with the provisions of rule XXII of the           420, submitted earlier today.
                                               Christmas.                                              Standing Rules of the Senate, do hereby                  The PRESIDING OFFICER. The
                                                  You know, we are already starting to                 move to bring to a close debate on the nomi-
                                                                                                       nation of Executive Calendar No. 414, Cath-
                                                                                                                                                              clerk will report the resolution by
                                               see this. Some business leaders are tak-
                                                                                                       erine Elizabeth Lhamon, of California, to be           title.
                                               ing a different approach, not this ‘‘Do
                                                                                                       Assistant Secretary for Civil Rights, Depart-            The senior assistant legislative clerk
                                               what I said or you are fired.’’ They are
                                                                                                       ment of Education.                                     read as follows:
                                               offering financial incentives, hiring                       Charles E. Schumer, Mazie K. Hirono,                 A resolution (S. Res. 420) relating to the
                                               medical advisers to talk to their em-                         Tammy Duckworth, Martin Heinrich,                death of the Honorable Adlai Ewing Steven-
                                               ployees. They are allowing medical and                        Christopher A. Coons, Jack Reed, Ben-            son III, former Senator for the State of Illi-
                                               religious exemptions. They are offering                       jamin L. Cardin, Angus S. King, Jr.,             nois.
                                               testing as an alternative to forcing the                      Alex Padilla, Jeff Merkley, Christopher
                                                                                                             Murphy, Sheldon Whitehouse, Tina
                                                                                                                                                                There being no objection, the Senate
                                               vaccine on their workers. And I read
                                                                                                             Smith, Jeanne Shaheen, Richard J.                proceeded to consider the resolution.
                                               about one today. I have had discussions
                                                                                                             Durbin, Richard Blumenthal, Robert P.              Mr. SCHUMER. I ask unanimous con-
                                               with others who are saying: Look, it is
                                                                                                             Casey, Jr.                                       sent the resolution be agreed to; that
                                               not our intention to fire employees
                                                                                                                      f                                       the preamble be agreed to; and that the
                                               right before Christmas.
                                                                                                                                                              motions to reconsider be considered
                                                  These are the leaders who are saying                        LEGISLATIVE SESSION                             made and laid upon the table with no
                                               they value and trust their employees,                     Mr. SCHUMER. Mr. President, I                        intervening action or debate.
                                               like what we did last year. Here is sig-                move to proceed to legislative session.                  The PRESIDING OFFICER. Without
                                               nificant relief, businesses in America,                   The PRESIDING OFFICER. The                           objection, it is so ordered.
                                               but don’t fire your employees. As a                     question is on agreeing to the motion.                   The resolution (S. Res. 420) was
                                               matter of fact, you can’t if you accept                   The motion was agreed to.                            agreed to.
                                               this aid—which they didn’t.
                                                  So these are the leaders who value                                     f                                      The preamble was agreed to.
                                               their employees. And, at the end of the                  FREEDOM TO VOTE ACT—MOTION                              (The resolution, with its preamble, is
                                               day, this is the approach that is going                              TO PROCEED                                printed in today’s RECORD under ‘‘Sub-
                                               to work. It is going to work better for                                                                        mitted Resolutions.’’)
                                                                                                         Mr. SCHUMER. Mr. President, I
                                               all of us—for these businesses, their                   move to proceed to Calendar No. 125, S.                                  f
                                               workers, their communities, and our                     2747.
                                               country.                                                                                                       RECOGNIZING HISPANIC HERITAGE
                                                                                                         The PRESIDING OFFICER. The                             MONTH AND CELEBRATING THE
                                                  I wish the President would take note                 clerk will report the motion.
                                               of this, but right now he seems hell-                                                                            HERITAGE AND CULTURE OF
                                                                                                         The senior assistant legislative clerk                 LATINOS IN THE UNITED STATES
                                               bent on doing a 180 from what we did                    read as follows:
                                               last year, and that was encouraging                                                                              AND THE IMMENSE CONTRIBU-
                                                                                                         Motion to proceed to Calendar No. 125, S.              TIONS OF LATINOS TO THE
                                               businesses to work through the pan-                     2747, a bill to expand Americans’ access to
                                               demic while keeping their employees,                                                                             UNITED STATES
                                                                                                       the ballot box and reduce the influence of big
                                               not ordering in an unconstitutional                     money in politics, and for other purposes.               Mr. SCHUMER. Mr. President, I ask
                                               manner the firing of employees because                                    CLOTURE MOTION
                                                                                                                                                              unanimous consent that the Com-
                                               Joe Biden said so.                                        Mr. SCHUMER. Mr. President, I send                   mittee on the Judiciary be discharged
                                                  I yield the floor.                                                                                          from further consideration and the
                                                                                                       a cloture motion to the desk.
                                                  The PRESIDING OFFICER. The ma-                                                                              Senate now proceed to S. Res. 417.
                                                                                                         The PRESIDING OFFICER. The clo-
                                               jority leader.                                                                                                   The PRESIDING OFFICER. The
                                                                                                       ture motion having been presented
                                                                f                                      under rule XXII, the Chair directs the                 clerk will report the resolution by
                                                      LEGISLATIVE SESSION                              clerk to read the motion.                              title.
                                                                                                         The senior assistant legislative clerk                 The senior assistant legislative clerk
                                                 Mr. SCHUMER. Mr. President, I                                                                                read as follows:
                                               move to proceed to legislative session.                 read as follows:
                                                                                                                                                                A resolution (S. Res. 417) recognizing His-
                                                 The PRESIDING OFFICER. The                                            CLOTURE MOTION
                                                                                                                                                              panic Heritage Month and celebrating the
                                               question is on agreeing to the motion.                    We, the undersigned Senators, in accord-             heritage and culture of Latinos in the United
                                                 The motion was agreed to.                             ance with the provisions of rule XXII of the           States and the immense contributions of
                                                                f                                      Standing Rules of the Senate, do hereby                Latinos to the United States.
                                                                                                       move to bring to a close debate on the mo-
                                                         EXECUTIVE SESSION                             tion to proceed to Calendar No. 125, S. 2747,            There being no objection, the com-
                                                                                                       a bill to expand Americans’ access to the bal-         mittee was discharged, and the Senate
                                                                     ---                               lot box and reduce the influence of big                proceeded to consider the resolution.
                                                      EXECUTIVE CALENDAR                               money in politics, and for other purpose.                Mr. SCHUMER. I ask unanimous con-
                                                 Mr. SCHUMER. Mr. President, I                             Charles E. Schumer, Amy Klobuchar,                 sent that the resolution be agreed to,
                                                                                                              Alex Padilla, Margaret Wood Hassan,             the preamble be agreed to, and that the
                                               move to proceed to executive session to
                                                                                                              Raphael G. Warnock, Ben Ray Luján,             motions to reconsider be considered
                                               consider Calendar No. 414.                                     Gary C. Peters, Elizabeth Warren,
                                                 The PRESIDING OFFICER. The                                                                                   made and laid upon the table.
                                                                                                              Christopher      Murphy,       Tammy
                                               question is on agreeing to the motion.                                                                           The PRESIDING OFFICER. Without




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                                                                                                              Duckworth, Patrick J. Leahy, Sheldon
                                                 The motion was agreed to.                                    Whitehouse, Michael F. Bennet, Tim              objection, it is so ordered.
                                                 The clerk will report the nomination.                        Kaine, Tammy Baldwin, Cory A. Book-               The resolution (S. Res. 417) was
                                                 The senior assistant legislative clerk                       er, Sherrod Brown.                              agreed to.
                                               read the nomination of Catherine Eliz-                     Mr. SCHUMER. Finally, I ask unani-                    The preamble was agreed to.
                                               abeth Lhamon, of California, to be As-                  mous consent that the mandatory                          (The resolution, with its preamble, is
                                               sistant Secretary for Civil Rights, De-                 quorum calls for the cloture motions                   printed in the RECORD of October 7,
                                               partment of Education.                                  filed today, October 18, be waived.                    2021, under ‘‘Submitted Resolutions.’’)



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