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.”
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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
sspencer on DSK126QN23PROD with SENATE
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
sspencer on DSK126QN23PROD with SENATE
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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