October 21, 2020 CONGRESSIONAL RECORD — SENATE S6343 colleagues to support and pass the Pro- urge the American people to call your MANCHIN), and the Senator from Ari- tect and Serve Act, a bill that I spon- Senators and tell them that you want zona (Ms. SINEMA) are necessarily ab- sored and a bill that I hope we can get this bill passed. You want law enforce- sent. passed. ment to be safer, and you want our The yeas and nays resulted—yeas 51, The Protect and Serve Act would communities to be safer. Don’t be si- nays 44, as follows: punish dangerous criminals who mur- lent. Help me fight for the men and der a law enforcement officer in the women in blue. They are counting on [Rollcall Vote No. 207 Ex.] line of duty. If they murder a law en- all of us. YEAS—51 forcement officer in the line of duty, f Alexander Ernst Perdue they will be sentenced to life. If they Barrasso Fischer Portman injure a law enforcement officer in the UIGHUR INTERVENTION AND Blackburn Gardner Risch line of duty, they will be sentenced to GLOBAL HUMANITARIAN UNI- Blunt Graham Roberts FIED RESPONSE ACT OF 2019 Boozman Grassley Romney 10 years in prison. The premise of the Braun Hawley Rounds legislation is simple: There is no es- The Senate proceeded to consider the Burr Hoeven Rubio cape from justice for dangerous crimi- House message to accompany S. 178, a Capito Hyde-Smith Sasse bill to condemn gross human rights Cassidy Inhofe Scott (FL) nals who intentionally assault or kill a Collins Johnson Scott (SC) law enforcement officer. violations of ethnic Turkic Muslims in Cornyn Kennedy Shelby The Senate passes legislation almost Xinjiang, and calling for an end to ar- Cotton Lankford Sullivan every day in this Chamber by unani- bitrary detention, torture, and harass- Cramer Lee Thune Crapo Loeffler Tillis mous consent, but I am sad to report ment of these communities inside and Cruz McConnell Toomey that if I try to get unanimous consent outside China. Daines McSally Wicker for this bill, we would have objection Pending: Enzi Moran Young on the floor. McConnell motion to concur in the amend- NAYS—44 The heated rhetoric and the violent ment of the House of Representatives to the attacks on officers are having real- bill, with McConnell Amendment No. 2652, in Baldwin Hassan Rosen Bennet Heinrich world impacts, and the safety of law the nature of a substitute. Sanders McConnell Amendment No. 2680 (to Blumenthal Hirono Schatz enforcement has never been at the low Booker Jones Schumer Amendment No. 2652), to improve the small Brown Kaine that it is today. Across the country, business programs. Shaheen recruitments are down. Fewer people Cantwell King Smith CLOTURE MOTION Cardin Klobuchar are applying to go into service or into Stabenow Carper Leahy Tester The PRESIDING OFFICER. Pursuant Casey Markey law enforcement academies, and retire- Udall to rule XXII, the Chair lays before the Coons Menendez ments are up. We are seeing our law en- Van Hollen Senate the pending cloture motion, Cortez Masto Merkley forcement ranks dwindle. It is sad, but Warner which the clerk will state. Duckworth Murphy it is not surprising. Durbin Murray Warren The legislative bill clerk read as fol- Whitehouse Law enforcement officers put their Feinstein Peters Wyden lives on the line every single day. lows: Gillibrand Reed CLOTURE MOTION Every morning, they wake up, they NOT VOTING—5 kiss their spouse goodbye, and they We, the undersigned Senators, in accord- Harris Murkowski Sinem don’t know if they are going to come ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby Manchin Paul back safely. But when they spend all move to bring to a close debate on the mo- The PRESIDING OFFICER. On this day being disrespected while doing this tion to concur in the House amendment to S. very difficult and very dangerous job 178, a bill to condemn gross human rights vote, the yeas are 51, the nays are 44. and politicians harass them or allow violations of ethnic Turkic Muslims in Three-fifths of the Senators duly cho- them to be harassed, I should say, by Xinjiang, and calling for an end to arbitrary sen and sworn not having voted in the violent mobs and protesters, there is detention, torture, and harassment of these affirmative, the motion is rejected. communities inside and outside China, with no wonder morale is at an alltime low. The Democratic leader. Fewer police means more criminal a further amendment No. 2652. Mitch McConnell, John Barrasso, Susan activity. It means hard-working Amer- SUPREME COURT NOMINATIONS M. Collins, Lamar Alexander, Thom ican citizens who go to work every day Tillis, Todd Young, Pat Roberts, Chuck Mr. SCHUMER. Mr. President, Lead- just to make their lives better are liv- Grassley, Deb Fischer, Rob Portman, er MCCONNELL has argued that what ing in communities that are less safe. Richard C. Shelby, Michael B. Enzi, the Republican majority is doing by We cannot sit idly by and allow the James E. Risch, Kevin Cramer, Lindsey ramming a Supreme Court Justice streets to be filled with dangerous, vio- Graham, Roy Blunt, John Boozman. through the Senate mere days before a lent criminals who face no con- The PRESIDING OFFICER. By unan- national Presidential election is com- sequences. Instead, we must speak up imous consent, the mandatory quorum pletely normal, that it is perfectly con- and show our men and women in blue call has been waived. sistent with precedent. This is not that we respect them and we back The question is, Is it the sense of the true. There is no precedent in the his- them. Senate that debate on the motion to tory of the Senate for confirming a Su- They put their lives on the line to concur in the House amendment to S. preme Court Justice this close to an protect us, and we should do the work 178, an act to condemn gross human election. There has never been—never in Congress to protect them. In fact, in rights violations of ethnic Turkic Mus- been—a Supreme Court Justice con- the last Congress, Speaker PELOSI al- lims in Xinjiang, and calling for an end firmed after July of an election year. lowed this bill to be voted on. She sup- to arbitrary detention, torture, and President Lincoln, a great Repub- ported making it a law. But now her harassment of these communities in- lican President—one of our foremost conference is run by radical leftists side and outside China, with a further national heroes—rejected the oppor- who want to abolish the police or amendment No. 2652, shall be brought tunity to nominate someone for the defund the police, and she is not even to a close? allowing this bill to be brought to the The yeas and nays are mandatory Supreme Court close to an election. I floor. She won’t speak in support of under the rule. dare say every single Republican Sen- law enforcement officers despite the The clerk will call the roll. ator already knows this because they rising tide of violence against them. The legislative clerk called the roll. all argued that exact position 4 years That is why the responsibility lies here Mr. THUNE. The following Senators ago. in the Senate for us to show our sup- are necessarily absent: the Senator Republicans all argued that the Sen- port and let law enforcement commu- from Alaska (Ms. MURKOWSKI) and the ate shouldn’t confirm Justices in Presi- nities across the country know that we Senator from Kentucky (Mr. PAUL). dential election years because of the have their back. Mr. DURBIN. I announce that the supposed principle that ‘‘the American Let’s protect police and deputies, and Senator from California (Ms. HARRIS), people deserve a voice.’’ Senate Repub- let’s pass the Protect and Serve Act. I the Senator from West Virginia (Mr. licans made that argument 8 months

VerDate Sep 11 2014 02:16 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\RECORD20\OCTOBER\S21OC0.REC S21OC0 abonner on DSK9F5VC42PROD with CONG-REC-ONLINE S6344 CONGRESSIONAL RECORD — SENATE October 21, 2020 before the election. Now they are rush- [Rollcall Vote No. 208 Ex.] payers in the middle of the income dis- ing to confirm a Supreme Court Jus- YEAS—51 tribution saw their tax bills reduced by tice 8 days before the election, while Alexander Ernst Perdue an average of more than 13 percent. My Americans wait in line to cast their Barrasso Fischer Portman Democratic colleagues and former Vice ballots. They are waiting in line. They Blackburn Gardner Risch President Biden have made no bones Blunt Graham Roberts are voting. Millions of Americans—tens Boozman Grassley Romney about their plans for tax reform. Their of millions—have already voted. I have Braun Hawley Rounds tax reform would be in tax increases. If no doubt Republicans would confirm a Burr Hoeven Rubio they prevail in the upcoming elections, Capito Hyde-Smith Sasse Justice 8 minutes before election day if Cassidy Inhofe Scott (FL) they will seek to reduce and undo the it meant they got their Justice. You Collins Johnson Scott (SC) 2017 tax law and impose trillions of dol- could not design a set of circumstances Cornyn Kennedy Shelby lars in tax hikes on individuals and more hypocritical than this. Cotton Lankford Sullivan businesses. Cramer Lee Thune The truth is that the Republican ma- Crapo Loeffler Tillis The former Vice President has jority is perpetrating the most rushed, Cruz McConnell Toomey sought to deflect accusations that he most partisan, least legitimate process Daines McSally Wicker would raise taxes on low- and middle- Enzi in the long history of Supreme Court Moran Young income taxpayers by promising plans nominations. Republicans, at the very NAYS—44 to increase taxes only on businesses least, ought to go on the record and Baldwin Hassan Rosen and individuals who have annual in- admit that this is an extraordinary Bennet Heinrich Sanders comes of over $400,000. There are many Blumenthal Hirono breach of fairness, of comity, of honor, Schatz reasons to be skeptical of this promise Booker Jones Schumer of truth, of consistency, and, of course, Brown Kaine Shaheen of the Vice President’s, and I want to precedent—a black and indelible mark Cantwell King Smith discuss this skepticism. on this Senate majority which will last Cardin Klobuchar Stabenow First, a similar assurance was made Carper Leahy Tester by the Obama-Biden administration in forever. Casey Markey Udall Coons Menendez its first term. Many will recall the Mr. President, parliamentary in- Van Hollen Cortez Masto Merkley Obama-Biden administration promised quiry: Has the Senate ever considered a Warner Duckworth Murphy not to raise taxes on married couples nominee to the Supreme Court of the Durbin Murray Warren United States this close to a Presi- Feinstein Peters Whitehouse earning less than $250,000 or $200,000 for dential election? Gillibrand Reed Wyden single filers. That promise was tossed The PRESIDING OFFICER. Accord- NOT VOTING—5 out the window when a host of new taxes that fell directly or indirectly on ing to the Parliamentarian, the Sec- Harris Murkowski Sinema retary of the Senate’s Office confirms Manchin Paul middle-income Americans was enacted that it has not. to pay for ObamaCare. That included The PRESIDING OFFICER. The mo- the individual mandate penalty tax, 80 POINT OF ORDER tion to table is agreed to. The ruling of percent of which was paid by taxpayers Mr. SCHUMER. Mr. President, I the Chair stands. earning less than $50,000 a year. This is make a point of order that it should The Senator from Iowa. exactly why the Republicans repealed not be in order to consider a nomina- BIDEN TAX PLAN that individual mandate as part of the tion to the Supreme Court of the Mr. GRASSLEY. Mr. President, in 2017 tax law—because it was very re- United States this close to a Presi- about 2 weeks, the American people gressive. dential election. will go to the polls to determine the di- A second reason low- and middle-in- The PRESIDING OFFICER. The rection of our Nation. There are many come Americans should take little point of order is not ripe for decision important issues voters will consider comfort in the former Vice President’s and is not sustained. as they decide which way they will cast promise to tax only the rich and busi- MOTION TO TABLE their votes. Their decisions will ulti- nesses is that such taxes too often get Mr. SCHUMER. Mr. President, I ap- mately determine who will be Presi- passed along. There is a well-docu- peal the ruling of the Chair, I move to dent and the makeup of Congress. mented principle in any tax policy that table the appeal, and I ask for the yeas One issue that is always front and simply because the law imposes a tax and nays. center in any election is the economy directly on an individual or business The PRESIDING OFFICER. Is there a and the economic policies of the re- doesn’t mean the ultimate burden of sufficient second? spective candidates. This election is no that tax won’t fall on others indirectly. different. There are many differences There appears to be a sufficient sec- Every analysis of Mr. Biden’s tax in the economic policies that would be ond. plan by independent third parties, from pursued by a Republican-led adminis- the very liberal Tax Policy Center to The yeas and nays have been ordered. tration versus the path my Democratic Penn Wharton, to the American Enter- The question is on the motion to colleagues would take if they were to prise Institute—so liberal, moderate, table the appeal of the ruling of the be in charge. One particular, stark dif- and conservative—shows taxpayers Chair. ference is that of tax policy that both earning less than $400,000 will shoulder The clerk will call the roll. sides can be expected to pursue. at least a portion of Mr. Biden’s pro- The bill clerk called the roll. Over the past 4 years, President posed tax increase. This comes from Mr. THUNE. The following Senators Trump and the Republicans in Con- the fact that the tax increases largely are necessarily absent: the Senator gress have enacted historic tax cuts, reflect the economic consensus that a from Alaska (Ms. MURKOWSKI) and the particularly for middle-class Ameri- significant portion of the corporate in- Senator from Kentucky (Mr. PAUL). cans. That has been part of a long, come tax falls on workers in the form Mr. DURBIN. I announce that the overdue revamp of our Tax Code. This of reduced wages and benefits. In other Senator from California (Ms. HARRIS), has included reducing tax rates across words, workers pay even if you in- the Senator from West Virginia (Mr. the board, significantly increasing the crease the corporate tax rate. Our non- MANCHIN), and the Senator from Ari- standard deduction, and doubling the partisan Joint Committee on Taxation zona (Ms. SINEMA) are necessarily ab- child tax credit from $1,000 to $2,000. As has estimated that 25 percent of the sent. a result of these changes, a typical corporate tax increases are, in fact, (Mrs. LOEFFLER assumed the family of four earning $70,000 has seen borne by workers. Mr. Biden, of course, Chair.) its tax bill reduced by $2,000. has promised to increase the corporate The PRESIDING OFFICER (Mr. While my Democratic colleagues income tax from 21 percent to 28 per- PERDUE). Are there any other Senators have done their best to distort this re- cent. in the Chamber desiring to vote or ality about middle-income tax cuts, According to the Penn Wharton change their vote? IRS tax return data of 2018 confirmed Budget Model, this business tax hike The result was announced—yeas 51, that middle-income Americans saw sig- will mean that over 90 percent of nays 44, as follows: nificant tax reductions. In fact, tax- households with incomes between

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.080 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6345 $45,600 and $121,000 will see increases in both that he will only raise taxes on White workers, African-American their total tax burdens. With the bulk those with incomes over $400,000 and workers, Latino immigrants, Haitian- of Mr. Biden’s tax agenda being tar- repeal the Trump tax cuts in their en- Creole immigrants. geted at hiking taxes on capital, the tirety. In March, at these two plants—one consequences will then be felt through- So who can blame taxpayers for run by Tyson and the second run by out the economy in the form of lower being skeptical when Mr. Biden says Purdue Food Company—they started to wages, fewer jobs, and slower economic that he won’t raise their taxes? Every see cases multiply. Many were asymp- growth. indication is that he will raise taxes on tomatic. People didn’t know they had According to a study out of the Hoo- people below a $400,000-a-year income. it, but that meant they could spread ver Institution this week, the Biden Under a Biden administration, mid- the virus to others. The healthcare net- plan holds the promise of reducing the dle-income individuals can expect a work in the Eastern Shore of Virginia per capita gross domestic product by Biden plan that rolls back the Trump was dramatically taxed by this fast- more than 8 percent when compared to tax cuts. This means he will increase moving and little-understood crisis at the current law with the 2017 Trump their tax rates, increase the amount of the time. tax law being made permanent. This their income subject to tax, and reduce That was our first hot spot in Vir- raises an additional important issue. tax benefits for families. ginia. Other States had their hot spots; Taxpayers should take with a whole Similarly, small business owners and that was ours. grain of salt Mr. Biden’s promise of not family farmers can also expect him to Thank goodness, as Virginians have raising their taxes because the vast tax a larger share of their business in- grappled with this crisis and as we majority of Americans will see a tax come. have grappled with it across the coun- increase beginning in 2026 unless the While Mr. Biden has tried to position try, there have been some protections, 2017 tax cuts are made permanent. himself as a centrist on this tax issue, and I want to stand and talk about the A top priority for President Trump his tax and economic agenda is not all protections that have been provided to and congressional Republicans has that different from his far-left oppo- Virginians during this time by the Af- been to make permanent the middle- nents in the Democratic primaries. fordable Care Act. class tax cuts that were enacted in 2017 His sales pitch may be different, but About 400,000 Virginians have Med- but which will otherwise sunset in 2025. his agenda will have the same detri- icaid because of the Affordable Care President Trump has called for making mental effect. As the Wall Street Jour- Act. Virginia embraced the expansion the tax cuts permanent as part of each nal’s editorial board summed it up, the of Medicaid 2 years ago, so people have of his budget submissions to Congress. problem with the Biden policies is been able to get insurance, many for Now we have the Democrats refusing to ‘‘they will have a long-term corrosive the first time in their lives, and that work with the Republicans to make the impact by raising the cost of capital, 400-plus thousand have been able to ac- middle-income tax cuts of 2017 perma- [by] reducing the incentive to work and cess care. nent law so that taxes won’t go up invest, and [lastly] reducing produc- Virginians have been protected if automatically in 2026. tivity across the economy. Americans they had preexisting conditions, and Keep in mind that the middle-class will pay the price in a lower standard now having had coronavirus is a pre- tax cuts enacted in tax reform are not of living than they otherwise would existing condition, and the many peo- just about lower tax rates for middle- [have]—and that they deserve.’’ ple who suffer from long-haul income workers and families; they are I yield the floor. coronavirus symptoms have pre- also about small business owners and The PRESIDING OFFICER. The Sen- existing conditions. They have been family farmers. For the millions of ator from Virginia. protected. small family-owned businesses and CORONAVIRUS Young people have been able to stay family farmers, the tax reform of 2017 Mr. KAINE. Mr. President, thank on family policies, which has been par- has provided a 20-percent deduction for you. I rise to talk about Americans’ ticularly helpful in a time of economic qualified business income under sec- health and the health of Virginians. challenge, where a lot of young people tion No. 199A. The whole purpose was We are living through a crisis—the have lost jobs or not been able to find for it to be for individual filers in order coronavirus crisis—that is unprece- them. And other people who have lost to reduce the inequity between a lower dented in American life since 100 years jobs in the private sector have been corporate tax rate and what individ- ago with the influenza of the late 19- able to go on the exchanges and buy in- uals would pay if they were in business teens, and a lot of words have been surance, and if their income isn’t high, so as to compensate for the capital used on the floor to describe the mag- have a subsidy that would make the that they would have to have invested nitude of the crisis. I needn’t dwell on premiums more affordable. for their small businesses. that. Now nearly 220,000 Americans So as bad as this has been, it would According to the recently released have died. A recent study that was put have been a lot worse were it not for an 2018 IRS data, in Iowa alone, in my out suggested that the actual toll may Affordable Care Act providing protec- State alone, nearly 215,000 small busi- be closer to 300,000. tions for families and individuals. nesses and farms across our State bene- Many States in the country are expe- I don’t pretend to understand every- fited from this 20 percent deduction in riencing dramatic spikes, with pre- thing. I have been around for a while, section No. 199A. The Republicans are dictions that we could see the worst but there are a lot of things I still committed to making this provision levels of coronavirus in coming don’t understand, and I will just be permanent, for it is a very important months, at least until a vaccine is de- candid. One thing I don’t understand is tool for those small businesses and veloped and widely distributed, and why the repeal of the Affordable Care farms to be able to grow, invest, and that probably won’t happen before the Act is like the Moby Dick that the provide critically needed jobs in our spring of next year. GOP and the Trump administration communities. In Virginia, we have been hit—3,515 has been searching to kill this worthy However, Mr. Biden’s tax plan Virginians have died of coronavirus. healthcare bill that is protecting peo- doesn’t include any proposal to make My wife and I know three of them—two ple at a critical time. permanent or to even extend the mid- in Richmond and one in Fairfax Coun- During the time I have been in the dle-class tax cuts that have been en- ty. And 168,722 Virginians have had Senate, since 2013, I have seen, during acted under President Trump. Indeed, coronavirus. My wife and I are two in the Trump administration, numerous every independent third-party review that number. efforts to, via administrative sabotage, of his tax proposal assumes his intent This challenge in Virginia hit first in weaken the law. is to allow the tax increases to go into a tiny part of the State that I really I have been here as we have cast vote effect. love, the Eastern Shore of Virginia. after vote after vote to repeal the Af- And with good reason—because on That is one of the least accessible parts fordable Care Act. the campaign trail, Mr. Biden has stat- of Virginia. The Eastern Shore has two I saw a shutdown driven by a Senate ed: ‘‘On day one, I will move to elimi- sizable poultry processing plants, with colleague from Texas a few years ago nate the Trump tax cuts.’’ It can’t be thousands of workers—a mixture of all around repealing the Affordable

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.081 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6346 CONGRESSIONAL RECORD — SENATE October 21, 2020 Care Act. It was important enough to on subjects that affect my family frequently. don’t think that is true. My experience shut the entire government of the . . . My family means everything to me. My here since 2013 is when my colleagues United States down for more than 2 son’s life isn’t something I take for granted. tell me something, they do it. weeks. I fought for him, every day, while he strug- I have got great relations with col- gled through pulmonary hypertension, and it leagues on the Republican side of the I stood here on the floor at the most was four long months before I [even] heard dramatic moment ever in my political the words ‘‘WHEN he goes home’’ rather aisle. When they tell me something, life. You might think it might have than ‘‘IF he goes home.’’ they do it. And if they can’t do it, they been, like, election night 2016. No, the Dawn from Virginia writes about her will tell me that. This is very, very different. Changing most dramatic moment ever in my po- 20-year-old daughter—she is from Vi- the tune—we will not fill a vacancy in litical life was the night we stood here enna in Northern Virginia—who works on the floor at about 2 in the morning a Presidential year. We will let the a part-time job with no benefits. people decide—what is the reason for and John McCain, having been diag- My daughter is 20 with multiple health nosed with a glioblastoma, came out of the change? conditions and has a part time job with no And I have concluded that since peo- the hospital and cast the deciding vote benefits, but she is able to be on my insur- to make sure that millions of Ameri- ance. I am concerned about the upcoming ple normally don’t go back on what cans wouldn’t lose their health insur- Supreme Court vote on the ACA. they said—and this is a rare instance ance. What will happen to young people like my in my time here in the Senate—the And in addition to administrative daughter if the ACA is gone? reason is a real important one, and the sabotage and repeated votes in the A veteran, Lieutenant Alvia from reason is finally we see Moby Dick in Chamber, we have seen one court case Hampton in Hampton Roads. our sight, and we have a chance to gut after the next, sponsored by Repub- I am a 100% permanently disabled veteran. the Affordable Care Act. We have one last chance it do it in a case that is licans, to try to repeal the Affordable Although most of my medical care is pro- going to be argued in the Supreme Care Act. vided by the VA, my care is supplemented by Medicare and the services of a Medicaid Court on November 10. And now we see sort of Moby Dick Alert Service Dog. The latter two care serv- And that is so important to us in a coming into sight with the California ices are threatened by the abolishment of pandemic, with people dying and sick v. Texas case to be argued at the Su- the Affordable Care Act and challenges to and suffering, that we are willing to preme Court on November 10. the American Disability Act. . . . With the break our word to rush a Justice to re- My constituents in Virginia who rely Supreme Court scheduled to hear arguments peal the Affordable Care Act. For God’s on the Affordable Care Act and are to repeal the [ACA] soon, this puts lives and rights at unacceptable risk. sake, why? afraid to death for themselves and For God’s sake, why? their family members are petrified. Donna from Henrico in the Richmond I am struck by the fact I have un- Let me read you some stories from area where I live writes about her hus- fairly used a broad brush to cast asper- four constituents of the many that I band, diagnosed with glioblastoma sions at the GOP in the Senate. I am have received. brain cancer: struck by the fact that two GOP Sen- Michelle from New Castle. New Cas- My husband was diagnosed with glio- ators said: You are right. This is tle is in Appalachian Southwest Vir- blastoma . . . back in June of 2020. The in- wrong. We shouldn’t rush the Justice. ginia. She wrote in about her 9-year- surance claims have now exceeded one MIL- We should let the people decide. old son Evan. Michelle moved to Vir- LION dollars and will continue to rise with Who were the two Republicans who ginia from Texas because Texas didn’t doctors and treatments. Thankfully, we have health insurance through the Marketplace. said that? Senators COLLINS of Maine have expanded Medicaid and Virginia My husband isn’t able to work and my job and MURKOWSKI of Alaska, who, to- did. has no benefits. gether with John McCain in August of I am new to Virginia. I recently moved I fear what it would be like for us if 2017, stood on the floor in the middle of from Texas, and [I] am incredibly concerned ObamaCare is overturned by the Repub- the night and cast deciding votes to with the Supreme Court nominee and the licans. No private insurance will ever accept make sure that people would have protections given in the Affordable Care Act. us, so we must continue to rely on getting healthcare instead of millions losing My son Evan, who is 9 years old, was born our insurance through the Marketplace. their healthcare. They are sticking by with a rare abdominal wall defect called an And now we are rushing a Supreme their word because they know what is omphalocele. After many surgeries, and Court nominee. In 2016, I was in this at stake and they know what this rush staying in the hospital for the first 8 months Chamber and saw many of my Repub- fighting for his life, he came home. At the means. time, he was covered by his father’s em- lican colleagues make the argument We shouldn’t be rushing a Supreme ployer-sponsored health insurance. He was that they would not entertain a nomi- Court nominee and people breaking protected under the ACA. His health care, nation by President Obama, not that their word to do so. On the Court, we which included ventilator support, tube feed- they would vote against the nominee— should hold folks to their promises. Let ing, and a number of surgeries, easily came that would be consistent with advise the people decide. They are voting; 37 to millions of dollars. and consent—but that they would not million people have voted already in As he has grown, he has received other di- let the individual in their office, not the United States. Let’s let the people agnoses—autism, ADHD, nystagmus and other visual impairments. I know very well have a Judiciary Committee hearing, decide who the next President is and from my experience with health coverage in not have a Judiciary Committee vote, who the next Senate is, and, obviously, Texas, the constant battle a person faces not have a floor debate, not have a if it is a Republican President and Re- while trying to get treatment for autism-re- floor vote. publican Senate, everyone will under- lated therapy, and to even be covered by And the principle that was newly an- stand moving quickly to voting on the Medicaid. I was denied coverage for my son, nounced in 2016 was ‘‘let the people de- nomination of Judge Barrett, but let’s because I ‘‘made too much.’’ My income as a cide.’’ Let the voters vote for President at least let the people decide. That is single mother was $35,000. I was working and the Senate, and then we will see what we should be doing on the Court. sometimes 60 hours a week, paying $650 about filling a Supreme Court vacancy. And here’s what we should be doing in- every month for childcare. The cost of my employer sponsored health insurance for my- And my colleagues looked me in the stead of forcing an unprecedented rush self and my son and daughter was $800 a face and the voters in the face, too, and to a Justice who can be part of destroy- month. I could not afford that, and [I] had to they said: This precedent is a precedent ing the Affordable Care Act: Let’s work choose between having coverage for my chil- we will apply equally to a Republican on COVID. Let’s work on the dren and being able to pay our water and President as a Democratic President. healthcare crisis. light bills. It took months to receive a deci- But now that promise is being bro- But I am disappointed. After good sion that we were denied for Medicaid. ken. Those words to colleagues and work together on four bills in March Upon my move to Virginia, I was able to those words to the public are being re- and April to inject trillions of dollars obtain Medicaid not just for my son, who had versed. to help people, businesses, and hos- been denied in Texas, but for every house- hold member. It took two weeks. There are some outside this body who pitals, we knew we needed to do more. The ACA is protecting my son and his abil- think that is just what politicians do. The House put a bill on the table at the ity to be covered by other insurance is so They say things and then do the oppo- end of May, and then there were necessary. . . . I’m contacting my Senators site. They are not surprised by that. I months of delay here in the Senate.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.083 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6347 I knew that the Senate Republican This is where it started in Virginia— NOMINATION OF AMY CONEY BARRETT majority would not embrace the House hot spots in these poultry plants. Ms. ERNST. Mr. President, Judge proposal, but I thought they would do These low-income workers—many im- Amy Coney Barrett is a wise, experi- something. But after the House acted migrants—saw President Trump de- enced, compassionate, and strong in May, June went by—nothing. July clare that this was an essential indus- woman. This past week, Iowans and all went by—nothing. August went by— try, so they stood up and said: If the in- Americans had the chance to see that. nothing. Most of September went by— dustry is essential, we are not sawdust. No matter the question or the topic, nothing. We are not inessential. We are not ex- she was calm, cool, and collected. She Eventually, a Republican proposal pendable. We are not throwaway. If the invoked the rule set by the late Justice was put on the table that couldn’t even industry is essential and has to sail, Ginsburg in providing no hints, pre- generate strong support within the Re- then we are essential too. views, or forecasts as to how she would publican caucus. It was dramatically They stood up and asked the Gov- decide any given case. That is how insufficient, from my view, because it ernor to adopt a basic safety rule about judges should act, because, as Judge provided no assistance for housing, how to return safely to work in these Barrett points out, judges aren’t legal rent, mortgage, food, SNAP benefits, plants during a time of COVID. The pundits; their role is to rule on the law. Certainly, that seemed to frustrate State and local government. It pro- Governor heard their request and said: some folks. It is like they wanted that vided none of those things. Well, maybe, but let me see if OSHA big TV moment to score just one more So Democrats and some Republicans will do something. Won’t the Federal point on the political scoreboard this voted against it with the hopes that labor agencies come and put a safety election cycle. They weren’t focused on that vote would do exactly what it did rule in place? And OSHA did nothing. when we cast a similar vote in March: understanding Judge Barrett’s judicial So, in July, at the request of these We vote down a partisan proposal. It philosophy and temperament. poultry workers who are now in an es- opens the door for negotiations. The What has become crystal clear to me sential industry but are risking their White House gets engaged. We do some- throughout this process is that Judge thing that is good for the entire Amer- health, the Governor of Virginia en- Barrett’s academic and professional ican public. Our vote did have that ef- acted a temporary safety rule, not just qualifications are above reproach. As a fect—sort of. for poultry plants but for places of law professor at Notre Dame, her alma The ‘‘no’’ vote on the Republican pro- work to make sure that, as people are mater, she offered numerous academic posal in September did start a more ro- coming back to work, they can be safe. articles on the topic of constitutional bust discussion with the White House Good news, Mr. President: After that law. about what should be done to provide law was enacted, the cases on the East- As a Seventh Circuit Court judge, she COVID relief—but not here in the Sen- ern Shore declined and declined and de- has authored 79 majority opinions. Of ate. Repeatedly, as Democratic leader- clined, and of the 134 cities and coun- those majority opinions, they have ship has been talking to Secretary ties in Virginia, right now, even with been unanimous 95 percent of the time. Mnuchin over at the White House, we two of these big poultry plants, the Judge Barrett has shown a commit- read in the paper that Senator MCCON- caseload on the Eastern Shore per cap- ment to the law and Constitution and NELL, the leader, has been telling mem- ita is just about the best in Virginia. has an even hand in applying the sa- bers of the GOP: We are not doing a But the bill we just voted down, this cred tenets of our democracy. Like deal. Don’t do a deal—cold water on ‘‘skinny’’ bill we just voted down that most Iowans, I firmly believe in the the deal. had a liability protection component to role of our Supreme Court. It is the de- Now we are having some sort of show it—it wasn’t just liability protection. I fender of our Constitution. votes on insufficient proposals this would be for liability protection. If you At the end of the day, that is my test week, but to come to the floor to cast want to protect someone from liabil- for a Supreme Court Justice: Will she a vote on a motion to table a proposal ity—normally we don’t at the Federal defend the Constitution? when everybody knows it is not going level, but you can. What you do is set Why is this so important? Because anywhere because it is not sufficient at a standard of care, and then you say far too often, politicians in Washington the same time as we are reading head- that everybody who exceeds the stand- want the Supreme Court to be a super- lines in the paper that the majority ard of care is protected from liability. legislature to push policy that can’t leader is telling the GOP: Do not do a The ‘‘skinny’’ proposal that we just make it through Congress. But that is deal. Do not do a COVID deal. voted on had liability protection, but it not the job of the Supreme Court. We The PPP package that we voted on didn’t set a standard of care. It just ex- must resist with all effort the push to yesterday was insufficient. We refilled cused people from liability, and it did make this happen now and in the fu- the bucket for small businesses in something even worse. It did some- ture. Last week, Judge Barrett dem- April, as we should have, and we have thing even worse, and that was one of onstrated that she would be a defender to refill it again. But the package yes- the reasons I voted against it. of the Constitution—a soon-to-be Jus- terday didn’t do anything for res- The bill that we just voted down taurants, didn’t do anything for many tice who will rule based on the Con- would have wiped out the Virginia safe- stitution, who will leave the policy de- in the small business sector, and it in- ty rule. It would have wiped out the cluded nothing for individuals who are cisions to Congress and decide the ability of any State to pass a tem- cases at hand, not the political winds hit hard by unemployment or families porary safety rule to protect workers who need relief or people who need of the moment. so that they could come back to work testing. This week, the Senate will consider safely in a time of COVID. The bill that we just voted on today, adding another woman to the highest the ‘‘skinny’’ COVID bill, was insuffi- It is one thing to try to kill the Af- Court in the land. This is something all cient for the same reasons that led it fordable Care Act in the middle of a women of every political party or per- to be voted down by Democrats and Re- pandemic and take health insurance suasion should be applauding. But it publicans in September. away from millions. It is another thing seems like the left can’t bring them- As I conclude, I want to go back to to rush a Supreme Court Justice in vio- selves to see this nomination as a great the Eastern Shore. I have another col- lation of what you said you would do to story for women. league on the floor who wants to talk, try to achieve your goal of killing the I am struck by the irony of how de- but I started off talking about the Affordable Care Act. But trying to wipe meaning to women some of the left’s Eastern Shore, where Virginia’s COVID out State safety laws that are working accusations really are—that Judge experience began with a hot spot in in my Commonwealth to effectively Barrett, a working mother of seven two poultry processing plants. protect workers whom the President with a strong record of professional I have a good-news story for the Pre- has declared essential—I have seen ev- and academic accomplishment, siding Officer because I was on the erything. I have seen everything. couldn’t possibly respect the goals and Eastern Shore a couple of days ago, but I yield the floor. desires of today’s women. I have a challenging punch line to my The PRESIDING OFFICER. The Sen- The great freedom of being an Amer- good-news story. ator from Iowa. ican woman is that we can decide how

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.084 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE October 21, 2020 to live our lives, whom to marry, what Barrett was in the room, the smartest The American Bar Association— kind of person we are, and where we person in the room was also the most sometimes not that friendly to Repub- want to go. I served in the military— humble person in the room. I think we lican nominees to the court—concluded something not exactly popular at var- saw some of that when she was before that she was well qualified. They asked ious points in America’s history. We the Judiciary Committee as she an- for input from more than 900 people fa- don’t have to fit into the narrow defini- swered those questions understanding miliar with Judge Barrett, and in the tion of womanhood. We create our own what her job was, understanding the end, not one person uttered a negative path. job of a judge is not to decide what the word about her. Certainly, there is no- So, folks, I implore you to recognize law should say but what the law does body who has been elected to this body this nominee for who she is. Judge Bar- say; not to decide what the Constitu- who didn’t have lots of negative words rett has shown that she has the utmost tion should say but what it does say said about them. But just to find 900 qualifications and the character to and even more importantly, in her view people and none of them have a nega- serve on our Nation’s highest Court. of what a judge should look at, what tive thing to say I think is a great indi- She is a role model for young women in people thought it said when they wrote cation of who she is. Iowa and all around this Nation—a it, that textualist, that originalist con- One lawyer told the ABA that she is wife, a mom of seven, a woman of faith, cept. She I think rightly perceived that ‘‘an intellectual giant with people a midwesterner. if we want to change the Constitution, skills, and engaging warmth.’’ Not She did not receive her law degree there is a way to do that. If we want to every intellectual giant is praised for from an Ivy League school. Some folks update it to what it might mean now, their warmth or their people skills. may not like that, but I appreciate we have the chance to do that. Cer- It is clear that she is well qualified. someone, like myself, who has lived tainly, if we want to change the law, It is clear that she is a brilliant law- and learned beyond America’s upper we have the chance to do that. yer. It is clear that she cares about her crust and coastlines and has seen If you really listened to the ques- faith, about her family, and about her America through the eyes of a farmer tions, particularly from our friends on community. and the soul of a railman—an accom- the other side, the Democrats on that As Senator ERNST mentioned, she is plished jurist and truly a wonderful committee, they were all very much the first nominee since Sandra Day and decent person. premised on: Well, what do you be- O’Connor who didn’t graduate from Amy Coney Barrett has dem- lieve? What do you think about this? Yale or Harvard. There is nothing onstrated to the world that this—be- What do you think about that? wrong with Yale or Harvard, but there coming a Supreme Court Justice—is That is not the point. She, I thought, is nothing wrong with having a dif- what a mom can do. very consistently, for 24 hours, made ferent background as you come to the I look forward to supporting her the point that the point is, it is not Court, particularly if all of your asso- nomination, and I urge my colleagues about what I believe; it is about what ciations as a lawyer have been that to do the same. the law says. ‘‘she’s mind-blowingly intelligent’’— I yield the floor. By the way, members of the com- that was one of her colleagues at Notre The PRESIDING OFFICER. The Sen- mittee—she didn’t say this, but it was Dame—‘‘and she’s also one of the most ator from Missouri. obvious—it is your job to decide what humble people you’re going to meet.’’ Mr. BLUNT. Mr. President, let me the law says. It is the job of the Court Brilliant and humble is a pretty good just follow right on with that impor- to decide how the law is applied and combination. America needs judges tant topic of the vote we will have in a whether it meets the test of the Con- that bring both humility and brilliance few days to send another Justice to the stitution. to the court. The Supreme Court will U.S. Supreme Court. A widely respected scholar, a person benefit from her being there. I had the opportunity this morning of faith—by the way, I think in the pre- I certainly look forward to voting for to meet with Judge Barrett. The con- vious hearing, we all heard that com- Judge Amy Coney Barrett as she moves versation reminded me exactly why she ment ‘‘The dogma lives loudly in you.’’ from that job to Associate Justice Amy is the right choice to fill the vacancy There may be a good way to use the Coney Barrett, and I believe we will be on the Supreme Court now. I was asked word ‘‘dogma,’’ but I don’t think I have able to do that within the next few the first weekend of this discussion, be- ever heard it used in a positive way. days. fore the President had made the deci- But if you just substituted ‘‘dogma’’ The PRESIDING OFFICER (Mr. COT- sion, if I could vote for her, and I for ‘‘faith,’’ what a great thing that TON). The Senator from Tennessee. quickly said yes, having watched her would be to say about somebody. The Mrs. BLACKBURN. Mr. President, I circuit judge bipartisan confirmation, faith lives—your faith—the faith lives tell you, it is quite an honor to join my having seen how that discussion went. loudly in you. No matter what your colleagues and talk for a few minutes I have had her on a short list that I faith is, that is a great thing to hear about our Supreme Court nominee, have kept myself for a long time as about yourself or to be able to say Judge Barrett. someone who would be an important about somebody else. Lots of people In the Judiciary Committee, where I addition to the Court. say that about Amy Coney Barrett. hold a seat, we were doing one of our She was first in her class at Notre She has written 79 opinions at the most important duties—our constitu- Dame; clerked on the district court in circuit court level, the court level tional duty to provide advice and con- Washington, DC; clerked for Justice right below the Supreme Court. Every- sent regarding the President’s nominee Scalia at the Supreme Court; and was a thing she said as a circuit judge, as a for the Supreme Court. Indeed, we do law professor at Notre Dame for 15 witness before the committee, and as a this with all of our Federal judges who years. At least three times in that 15 nominee before the committee has come before us. years, she was chosen by students as been exactly what I think a judge Last week, we fulfilled that highest the top faculty member. She was should do. level of duty as we examined Judge bipartisanly confirmed on the Seventh The day she was nominated by the Barrett’s record, her character, and to Circuit and has a history over the last President, she said: see if she is qualified to sit on the Su- 3 years of the kind of Justice she would A judge must apply the law as written. preme Court. As you were hearing from be. Judges are not policymakers, and they must my colleagues today, yes, indeed, she is The dean at the law school at Notre be resolute in setting aside any policy views qualified. Dame had this to say about Judge Amy they might hold. Now, I will tell you that unfortu- Coney Barrett. He said: Judge Scalia famously said that a nately some of my colleagues on the Judge Amy Coney Barrett is an absolutely really good judge will often issue an other side of the aisle spent their time brilliant legal scholar and jurist. . . . She opinion that they wish was a different fishing for sound bites and feigning lives a life of humility and grace, devoted to opinion; an opinion that doesn’t meet confusion over the fact that Judge Bar- her family and community. their view of what they would like to rett takes her cues from the Constitu- Somebody else at the Notre Dame see happen but meets their view of tion and not from the latest polling Law School said that when Professor what the law requires to happen. and not from the 24-hour news cycle.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.085 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6349 Honestly, I think that said more about As you know, the advice and consent jority in Sturgeon v. Frost that the them than it did about her. responsibility of the Senate is one of Federal laws that govern land manage- That is what happens when leaders the most important responsibilities we ment in Alaska are often ‘‘different’’ who really ought to know better allow have in the Constitution. The process from the laws governing land manage- politics to take control of their vetting that I will have gone through and go ment in any other part of the country. process and their thought process. through with every single judge is to These laws are often carefully crafted That is what most Americans took evaluate Judge Barrett’s qualifications by this body and the House, and they away from those hearings last week, on her record, the hearings, and, of are essential for Alaskans, both cul- that in the eyes of those on the Demo- course, in discussions I have had with turally and economically. And when cratic side of the dais, there was no her. This has been an extensive evalua- judges misinterpret these laws—as way Judge Amy Coney Barrett was tion. I have read hundreds of pages of they often do, and this is what I talked ever going to make them happy be- the decisions she has authored. I have to Judge Barrett about—they often di- cause, to them, only answers that listened to and read the views of Alas- rectly impact the lives of my constitu- tracked with their views—views on the kans both for and against her nomina- ents, usually in a negative way. left—on abortion, on religion, and on tion. In my meeting with Judge Bar- Just ask John Sturgeon and count- socialized medicine would pass muster. rett, we discussed in great depth her less other Alaskans who, over the dec- This is an absurd standard, I will tell viewpoint on a variety of national and ades, have seen their rights to legally you, and it is no standard at all be- Alaska-focused legal issues. enjoy our lands—and it is our lands— cause those views shift and change de- She clearly understands the separa- that they call home whittled away, de- pending on what the loudest mega- tion of powers and federalism, holds a cision by decision, by Federal agencies. phone on the National Mall has to say healthy skepticism regarding the ex- Over the years, various Federal agen- on any given day. pansive power of Federal Agencies, and cies have acted as if Federal laws gov- So, in the interest of refocusing on is a strong protector and proponent of erning Alaska didn’t exist. Commercial our duty to offer advice and consent, I the Second Amendment—all issues use permits weren’t being issued. Peo- think we could all stand a quick recap that my constituents care deeply ple couldn’t partake in their tradi- of last week’s hearing. about. tional activities. They couldn’t harvest Here is what we know: Judge Barrett Why are these issues so important to their traditional foods. Alaskans is exceptionally smart, she is focused, Alaska and central to our realizing our couldn’t make a living on the land. and she is a mindful jurist. Her col- potential? Let me give a brief but re- I don’t know how Judge Barrett leagues, students, former clerks, and cent example of an issue that recently would vote on these specific issues, but professional associates from all back- made its way to the Ninth Circuit, I trust her temperament, on great dis- grounds and all world views whole- which often is the bane of our existence play during the hearings, her stated heartedly believe she is competent and in Alaska, to the Supreme Court not skepticism about Federal overreach, prepared to hold a seat on the Supreme once but twice, and was unanimously her strong belief that the Second Court. Her record is consistent with agreed to by the Supreme Court. It is a Amendment ‘‘confers an individual the originalist lens she puts over the case that some of the media here would right, intimately connected with the cases and controversies that come be familiar with, Sturgeon v. Frost—a natural right of self-defense.’’ across her desk. Over the course of 2 moose hunter, a hovercraft, the wild I trust what others have said about days of intense questioning, she did not interior of Alaska. It made for some her on both sides of the aisle: ‘‘bril- contradict that record or violate the great headlines. But the issue being liant,’’ ‘‘humble,’’ ‘‘a woman of unas- rules of judicial ethics by offering a litigated in that case was one of con- sailable integrity,’’ and ‘‘a role model preview of future rulings. trol, one of freedom—control of our for generations to come.’’ The American Bar Association rated lands, our waters, our fish, and game. All of this was on display during her her as ‘‘well qualified’’ to serve on the The Federal Government, in essence, hearing and in my meeting with her, Court. Based on the testimony and evi- told John Sturgeon he couldn’t use his and I trust that all of this will come to dence offered to the committee, I will hovercraft on Federal waters to go play when these kinds of cases—the tell you, I definitely agree with them. hunting. ‘‘Yes, I can,’’ said Sturgeon. Alaska-specific cases—make their way I will vote to confirm Judge Barrett He knew the law. up to the High Court, which they inevi- to the Supreme Court, and I would en- Then there was litigation. It is one tably do. I don’t believe that it is an courage all my colleagues who plan on that comes up time and again in Alas- overstatement to say that the future of voting no to think long and hard about ka—the issue of Federal overreach, my constituents depends on these why that is. If they have not taken the agency creep. In Alaska, we have a kinds of issues. time to get to know Judge Barrett— front row to this problem. It is for these reasons, and others, her background and her record—I en- We have seen it happen to us consist- that I will vote to confirm Judge Bar- courage them to get to know a little ently by the courts—particularly, as I rett to the U.S. Supreme Court, and I bit about her and also to ask them- mentioned, the judges on the U.S. encourage all of my colleagues on both selves how smart was it to have spent Court of Appeals for the Ninth Circuit. sides of the aisle to do the same for the past month signaling their willing- When they interpret statutes involving this exceptional jurist who is very ness to dismantle our constitutional my State—and they are many—Federal qualified for this position. framework to score a few cheap points statutes can only relate to Alaska in a I yield the floor. against the White House during a polit- way that fits with their ideas and pol- The PRESIDING OFFICER. The Sen- ical season. icy notions about the way the Federal ator from Mississippi. I yield the floor. lands in Alaska should be managed. In Mrs. HYDE-SMITH. Mr. President, it The PRESIDING OFFICER. The Sen- essence, they typically think that less is an honor to speak in strong support ator from Alaska. control by the people and more control of Judge Amy Coney Barrett to serve Mr. SULLIVAN. Mr. President, I was by the government is what is needed. as an Associate Justice on the Supreme in Alaska when Judge Amy Coney Bar- But that often is not what Congress Court of the United States. After care- rett was before the Senate Judiciary wrote and what Congress intended. It is ful review of her record and her out- Committee, but since then I have been the absolute opposite of judicial humil- standing testimony during her con- able to catch up on those hearings. I ity, failing to read the statutes as we, firmation hearing, it is clear that want to commend my colleagues, par- in this body, wrote them. It is failing Judge Barrett is well suited for a life- ticularly Senator GRAHAM for con- to exhibit the kind of textualism that time appointment on the Court. ducting those hearings in a way that Judge Barrett ascribes to and was so on Last week, Judge Barrett firmly held befitted such an occasion—with respect display during our hearings. her own during hours and hours of and good questioning. I think the So why is this important? When the questioning from my colleagues on the American people—certainly my con- Supreme Court overturned the Ninth Judiciary Committee. She did not once stituents—learned a lot and were very, Circuit twice in 3 years, Justice Elena falter during her hearing. In fact, she very impressed with Judge Barrett. Kagan wrote in her opinion for the ma- excelled. Judge Barrett proved to the

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.087 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6350 CONGRESSIONAL RECORD — SENATE October 21, 2020 American people that she is prepared, Mrs. CAPITO. Mr. President, I am so those of a mainstream jurist who con- talented, compassionate, and, not to proud to be here today to join my col- siders herself bound by the law, not mention, brilliant. Judge Barrett dem- leagues to discuss the current Supreme free to decide cases based on her own onstrated that she is an independent Court vacancy and, specifically, the ex- personal opinions. She reiterated that individual who can think for herself. cellent choice President Trump made time and again in the Judiciary Com- She made it clear that she is an in selecting Amy Coney Barrett to fill mittee. originalist who will follow the law. that vacancy. That is so important because some of Without a single note or binder in I, like my colleagues and many my Democratic Senate colleagues were front of her, Judge Barrett repeatedly Americans, watched the Senate Judici- seeking promises from her about how affirmed that she would interpret the ary Committee hearings on Judge she will rule on certain cases in the fu- Constitution and laws passed by Con- Barrett’s nomination last week. I also ture, and they sought to examine her gress as they were written—no more, have had a chance to meet personally belief on policy matters, such as pro- no less. with the judge myself. During all of tections for those with preexisting con- During her hearing, Judge Barrett these occasions, I have been extremely ditions. testified: impressed with Judge Amy Coney Bar- I, for one, strongly support—as most I apply the law. I follow the law. You make rett. of us do—legal protections to make the policy. I was especially impressed with her sure that individuals with preexisting The judge kept pointing out that we, depth of legal knowledge, coupled with conditions can purchase and retain the Senate, are the legislators. She her demeanor. She very clearly and health insurance. Passing laws like stressed that she has no mission or eloquently expresses herself. She reit- those are what we should be doing here agenda to change the law as she would erated many times in the hearing that in this body, not in the Supreme Court. want it. Judge Barrett made it abun- judges don’t make the law. She was After some of my colleagues were not dantly clear that in her role as a jurist, levelheaded, open-minded, and firm in given the hints that they were looking she has no issues with setting aside her all of her responses. for on how Judge Barrett would rule on personal beliefs when applying the let- Judge Barrett is a model of profes- particular cases, they resorted to as- ter of the law. This mindset and legal sional and personal success. We have suming that they knew what she would philosophy is exactly the type of jurist all heard that she is a mother of seven, do. Specifically, they tried to tie Judge we need on our Nation’s highest Court. which, in and of itself, is quite an Barrett to those who had mentored her Not only did we hear from Judge Bar- achievement. And, if confirmed, she in the past and insinuated that she rett, but we heard from her former pro- will be the first mother of school-aged would judge exactly how they would fessors, colleagues, and students. These children to serve on the Supreme judge. Well, when that happened, she are the people who know her best. Court. responded: These individuals were witnesses not She is absolutely dedicated to her I assure you, I have my own mind. . . . Ev- only to her intellect but her character faith and to her community, and she is erything that he— as well. The testimonies on her behalf held in very high regard by the many Meaning Scalia— only proved her absolute readiness for students she has taught and mentored said is not necessarily what I would agree this position. over the years. with or what I would do if I were Justice Americans should be celebrating the You could certainly tell from the Barrett. nomination of Judge Barrett. She is questioning of the Judiciary Com- It is clear that Judge Barrett has her brilliant, hard working, ambitious, and mittee members during that hearing own mind and will seek to be a fair and a proud mother and wife. In a time that she has been in the arena many impartial judge. The role of judges is to when we need role models for our times with very inquisitive people and apply our Constitution and laws as youth, Judge Barrett fills that role. students. written to the cases before them and The judge is a family-oriented In short, Judge Barrett is a stellar not implement their own policy agen- woman who reveres the Constitution. nominee who will show a new genera- das. As Judge Barrett put it in her own She is a representative for working tion—our daughters and our grand- words, ‘‘Judges can’t just wake up one women across the country and a testa- daughters—that anything is possible in day and say: ‘I have an agenda . . . [I] ment that women can have a career America. am going to walk in like a royal queen and family and be stunningly success- I plan to vote to confirm Judge Bar- and impose my will on the world.’’ ful at both. rett, and here is why. Evaluating nomi- Instead, she explained that it is I also appreciate that she has dis- nees for high government offices is an ‘‘never appropriate for a judge to im- played great strength in withstanding important responsibility for this body pose the judge’s personal convictions in affronts to her faith and her family of Senators. That is even true when the determining the outcome of a case.’’ during the confirmation process. nominee is being considered for a life- She also went on to say: If confirmed—and I am confident time appointment to the Nation’s high- A judge must apply the law as written. that she will be—Amy Coney Barrett est Court. So I consider, really, three Judges are not policymakers, and they must will have the honor to be the fifth main questions when I am considering be resolute in setting aside any policy views woman in history to serve on the Su- a Supreme Court nominee. they might hold. preme Court. The first judge as a moth- First and foremost, is the nominee Judge Barrett’s success in applying er of school-aged children, she will be qualified? the law is reflected in the fact that the only sitting judge on the Court to Second, does the nominee have a over 90 percent of the majority opin- not have attended an Ivy League law track record of independence and fair- ions she has written were unanimously school. ness that befits a judge who will apply agreed to by her colleagues on the Sev- We must continue to ensure that our Constitution and laws as written, enth Circuit. No decision she has writ- women like Judge Barrett are rep- rather than make policy from the ten has ever been overturned or re- resented in the highest levels of our ju- bench? versed by the Supreme Court. This dicial system. Judge Barrett’s life ex- And, third, do the West Virginians record is only possible when a judge is periences as a judge, lawyer, teacher, whom I represent believe the nominee deciding cases fairly and in accord with wife, and mother will bring a valuable is well suited to decide cases that im- the mainstream views of colleagues ap- and much needed perspective to the Su- pact their constitutional rights? pointed by both Republican and Demo- preme Court. Based on her impressive resume, cratic Presidents. I am proud to support Judge Barrett. Judge Barrett is clearly qualified for West Virginians want a Supreme Now the Senate must do its constitu- the Supreme Court. The nonpartisan Court Justice with experience and in- tional duty and confirm Judge Amy American Bar Association rated her tegrity who will protect the Constitu- Coney Barrett as soon as possible. ‘‘well qualified.’’ That is the ABA’s tion and decide cases fairly. West Vir- I yield the floor. highest ranking for judicial nominees. ginians want a Supreme Court Justice The PRESIDING OFFICER. The Sen- Judge Barrett’s judicial philosophy who will serve as a role model for our ator from West Virginia. and record on the Seventh Circuit are children and our grandchildren. That is

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.089 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6351 why I will be proud to vote to confirm sional successes in their own right. I vacancy. Justice Ruth Bader Ginsburg Judge Amy Coney Barrett to the U.S. have five granddaughters. The oldest dedicated almost three decades of her Supreme Court. one is 10. I think Justice Amy Coney life to serving on the highest Court, I yield the floor. Barrett will prove to be an inspiration and she will always be remembered as The PRESIDING OFFICER. The Sen- to these five granddaughters and to my a talented attorney and jurist. We ap- ator from Mississippi. grown daughters also. preciate Justice Ginsburg and her serv- Mr. WICKER. Mr. President, I rise There is much talk about predicting ice to our Nation. this afternoon in full, complete, and how this Justice or how any candidate Soon the Senate will consider the all-inspired support for the nomination for the circuit court or the district nomination of Judge Amy Coney Bar- of Judge Amy Coney Barrett to be an court will rule. I have seen enough ex- rett to serve as Associate Justice on Associate Justice of the Supreme amples during my lifetime of surprises the Supreme Court. Judge Barrett has Court. that I would not venture to guess how an outstanding record of accomplish- Her qualifications are not in dispute Justice Amy Coney Barrett is going to ment, as well as a strong record of up- and have been mentioned repeatedly on rule on a particular issue. I do think holding the law rather than legislating the floor and in other public forums. she is committed to interpreting the from the bench. I have had a chance as a Member of law and to applying the law as it is Judge Barrett graduated summa cum the Senate to vote on four Associate written in the Constitution, as we laude, first in her class, from Notre Justices of the Supreme Court: Kagan, write it as legislators, and not adjust- Dame Law School. She then clerked for Sotomayor, Gorsuch, and Kavanaugh. I ing the law, manipulating it to suit her Judge Silberman on the DC Circuit and was a Member of the House of Rep- rule, but I have no idea how she will Justice Scalia on the U.S. Supreme resentatives down the hall here during rule. Court. the confirmations of Justices Alito and I do know this, and this is what She currently serves as a circuit Roberts, and I was old enough to pay makes me so comfortable with ele- court judge for the Seventh Circuit. close attention to the confirmations of vating her to one of these nine special During her time on the Seventh Cir- Justices Breyer and Thomas. I can say positions as an Associate Justice of the cuit, she has written 79 majority opin- to my colleagues today, I have never Supreme Court. I know that she is de- ions. She has also published 18 law re- witnessed a more impressive display of voted to the philosophy of Justice view articles. I wanted to take a mo- poise, knowledge, and temperament in Antonin Scalia. ment to mention this list of accom- a candidate for the Supreme Court If Justice Scalia ever made a pro- plishments to highlight how remark- than I have witnessed during the con- found point about our law and our sys- able she is as an attorney and as a ju- firmation process of this particular tem of the rule of law and our Con- rist. candidate. I think that is why, perhaps, stitution, it was this: We are a special I had the opportunity to sit down there was objection to the process. republic and a special democracy be- with Judge Barrett to discuss her judi- No doubt there was objection to the cause we have enshrined in our Con- cial philosophy. She is an originalist process in the timing of this nomina- stitution the separation of powers. The and a textualist. Her traditional phi- tion and this confirmation among a lot President has his powers to enforce the losophy ensures her own personal be- of people around the United States, but law. The Congress has the power of the liefs and her views will not impact her role as a jurist. as the confirmation wore on and as purse, and we write the statutes, and As a Senator, I strive to ensure we more and more people came to know the Supreme Court rules on the con- stitutionality and the validity of our confirm judges who will be impartial in Judge Amy Coney Barrett—the stu- their rulings and will take the facts dent, the parent, the member of her actions. Scalia made this point over and over, presented and apply the law to those community—and as more and more and it was always such a wonderful ex- facts. people have seen her and listened to perience to hear him lecture. But if he During our conversation, we dis- her, public opinion has moved in her ever made a point, it was this: Any dic- cussed the principle of precedent and favor to now where a majority of tator around the world can write down how precedent is important for judicial Americans support the elevation and on a piece of paper a bill of rights, and structure. Judge Barrett believes that, confirmation of Amy Coney Barrett to around the country, in dictatorships as a judge, her main duty is to the U.S. the Supreme Court. I certainly am de- and totalitarian systems, there are Constitution and to ensuring that all lighted to see that and am not sur- many bills of rights. judicial opinions uphold the rights, prised based upon the absolutely phe- The way we ensure that Bill of freedoms, and principles established in nomenal way she has conducted her- Rights is enforced is that we don’t give this essential document. self. any one part of our government too Judge Barrett’s judicial approach en- I think it is worth noting that she is much power. We don’t give any one sures she will be fair and impartial to- from Middle America. While all of our man or any one institution or any one ward every plaintiff who comes before 50 States are great and all of our law Agency in this Federal Government too her and, at the same time, that our schools undoubtedly have things to much power. Those are the checks and most vital document—our Constitu- recommend them, I kind of like that balances that Antonin Scalia said tion—is upheld and echoed in every ju- she grew up in my neighboring State of made the United States special. I think dicial opinion she makes. Louisiana. I kind of like that she grad- Amy Coney Barrett understands that, Judges should never have pre- uated with stellar marks from a very and I think she will enforce that con- conceived notions, and they should not impressive college in my neighboring cept and be true to those tenets as the be able to provide a prediction or any State of Tennessee, at Rhodes College next Associate Justice of the Supreme sort of hint as to how they will decide in Memphis, TN, just an hour and a Court. a future or hypothetical case. A judge’s half up the road from where I make my So I couldn’t be more delighted, I judicial philosophy ensures they have home. couldn’t be more enthusiastic, I could the proper tools at their disposal for I think Harvard is a great law school. not be any more awe-inspired with a reaching decisions. Judges’ decisions I think Yale is a great law school. I candidate for the Supreme Court, and I impact lives, and it is important for think it is OK that we have now a pro- will, with great honor and privilege, our jurists to be fair, level-minded, and spective Justice of the Supreme Court vote in favor of her confirmation. impartial at all times. That is why who went someplace else: Notre Dame. The PRESIDING OFFICER. The Sen- having someone like Judge Barrett on So, to me, she represents Middle ator from North Dakota. the Supreme Court is best for our Na- American values, and there is some- Mr. HOEVEN. Mr. President, I rise tion. thing to be said for that on the highest today in support of the nomination of Another topic I discussed with Judge Court of the land—Louisiana values, Judge Amy Coney Barrett to be an As- Barrett was the importance of uphold- Tennessee values, Indiana values. sociate Justice of the U.S. Supreme ing our Federal trust and treaty obli- I think she is an inspiration to young Court. gations to our Tribes. As chairman of women across this country. I have two Before I begin, I would be remiss if I the Senate Committee on Indian Af- daughters. They have become profes- didn’t acknowledge the reason for this fairs, I understand the importance of

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.090 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE October 21, 2020 upholding these responsibilities. Judge question: Do you understand your role just getting worse as the fall Barrett said that she will objectively and the distinct branches of govern- coronavirus wave begins to rise across look at every case that comes before ment? Do you want to make policy, or the country. her, will apply the law to the facts at do you want to uphold the law as writ- The restaurant and bar industry has hand, and will do her part to uphold ten? been hurt, and the travel industry, the the Federal trust and treaty responsi- That is exactly what I asked Judge live entertainment industry. We are bility. Amy Coney Barrett when we met. She talking about millions and millions of Judge Barrett has not only estab- could not have been more clear in our workers who are out of a job right now, lished an outstanding record of accom- meeting and throughout the Judiciary plus millions more who are worried plishment on the bench, but she has Committee hearings last week. Judge that they are going to get laid off this also demonstrated her deep under- Barrett is a nominee of indisputable winter as COVID–19 infections rise. standing of the law as a professor at credentials and qualifications and will The fact is, despite what Donald Notre Dame Law School. Throughout fulfill the proper role of a judge envi- Trump says, our economy isn’t any- her career, Judge Barrett has shown a sioned by the Framers when they de- where near fully recovered—not even deep respect for the Constitution, as signed the three-branch system of gov- close. This jobs crisis won’t be over well as a strong commitment to up- ernment in our Constitution. until the public health crisis is over. holding the law. The Democratic attempts to attack That is why, in the meantime, the only Judge Barrett is a great choice to Judge Barrett for her faith fell flat. reasonable and logical thing to do is to join the bench of the Supreme Court. Quite the opposite, her faith and her bring back enhanced unemployment in- Her qualifications, judicial approach, commitment to family have earned her surance and keep those benefits for the and commitment to upholding the Con- the utmost respect. The Democrats duration of the emergency. That is stitution will benefit my home State of were left grasping at straws during last what I am calling for this afternoon. North Dakota, as well as our entire Na- week’s hearing because they clearly That is what I believe Members of Con- tion. Judge Barrett will be a strong, can’t question her qualifications. gress should be for. fair, and impartial Justice, and I look Her record is irrefutable. Judge The proposal that I offer extends the forward to supporting her nomination. Barrett’s academic, professional, and crucial programs from the CARES The Supreme Court is foundational judicial records clearly demonstrate Act—the extra $600 per week, what we to the checks and balances structure of her devotion to following the rule of developed in the Senate Finance Com- our government—something that the law. She strictly adheres to the origi- mittee. I see the distinguished Repub- good Senator from Mississippi just nal meaning of the Constitution’s pro- lican leader, Senator THUNE, who talked about very eloquently. Having visions, setting forth the fundamental serves on our committee. We work to- an independent judicial body is crucial rights, liberties, and protections on gether often. We developed it there— to the protection of our democracy. which this great country was founded. the extra $600 per week, Pandemic Un- Justices of the Supreme Court hold As Professor Prakash eloquently employment Assistance for the self- the essential role of being the final de- stated in Judge Barrett’s nomination employed, and additional benefits for cisionmaker of disputes in the United hearing, the ABA’s rating of Judge them. States. Such power comes with much Barrett as ‘‘well qualified’’ is an under- My God, the unemployment system responsibility, which is why selecting statement. I am proud to support was actually brought into this century. the best person for this job is critical Judge Barrett’s nomination, and I look The old system was close to 100 years for our country. We must have Justices forward to voting to confirm her to old. Nobody ever heard back then of a on our Supreme Court who uphold the serve as an Associate Justice of the gig worker, but we got them covered. law and interpret the Constitution in U.S. Supreme Court. So we want to extend those programs the way it was written. I yield the floor. until January 31, 2021. In addition to Again, I appreciate President The PRESIDING OFFICER. The Sen- the enhanced unemployment benefits, Trump’s nomination of Judge Barrett, ator from Oregon. what this does is it avoids throwing and I look forward to supporting her UNANIMOUS CONSENT REQUEST millions and millions of Americans confirmation to serve as an Associate Mr. WYDEN. Mr. President, shortly, I over a financial cliff, essentially, at Justice on the Supreme Court. will offer a unanimous consent request the end of the year. I yield the floor. on legislation to extend enhanced un- It is my judgment that this is just The PRESIDING OFFICER. The Sen- employment insurance for folks in basic economic fairness. This is about ator from Florida. America who are out of work. making sure that tens of millions of Mr. SCOTT of Florida. Mr. President, I am going to begin with a quick Americans who walk an economic I am one of the few Senators who have check-in on the economic reality in our tightrope during this pandemic will be appointed people to the bench, and I country. Here is where we are in a sen- able to pay the rent, put food on the take this very seriously. I believe in se- tence: Only half of the jobs lost earlier table, and buy medicine. Tens of mil- lecting judges who respect the separa- this year have actually come back; the lions of Americans, from sea to shining tion of powers and the proper role of other half may never come back. There sea—from Portland, OR, to Portland, the judiciary in our democratic sys- is substantial evidence that many of ME—desperately need this lifeline. tem. these jobs will be lost forever. Continuing to block an extension of Their job isn’t to make policy; it is The permanent layoffs are stacking enhanced unemployment insurance, in to uphold the rule of law. We can’t up. Right now, 25 million Americans my view, is the economic equivalent of have judicial activism—something my are receiving unemployment insurance. going for herd immunity with COVID– colleagues on the other side of the aisle Their insurance payments were slashed 19—telling the most vulnerable people refuse to accept. The Democrats have when Republicans let enhanced unem- out there that they are, in effect, on made it clear they care more about the ployment insurance expire at the end their own; that their government has election than performing their con- of July. no interest in standing up for them. stitutional duty to confirm judges. Be- Here is a particularly important fact. From the beginning of this pandemic, cause the Democrats only want judicial The number of Americans filing new my colleagues on the other side have activists, they can’t understand a claims for unemployment insurance is opposed the enhanced unemployment judge who has no plan to change the still higher than any single week dur- insurance concept that I am talking law and the Constitution to align with ing the great recession. Upward of 8 about. Back in March, Senate Demo- their personal beliefs about how Ameri- million Americans have fallen into crats said replacing people’s lost wages cans should be governed. The Demo- poverty over just the last few months. was going to be right up at the top of crats won’t engage in this process even In the month of September alone—just our priorities list for the CARES Act. I though they know Judge Barrett is September—nearly 1 million women consider it one of the most important highly qualified. dropped out of the workforce. To make efforts I have been part of during my When I was appointing judges as Gov- matters worse, the pandemic that is time in public service, and we were all ernor, I would ask each candidate one causing all of this economic carnage is able to get it in the bill. It turned out

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.092 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6353 it was the only provision that the Re- taurants and cafes. Taking the steps to find common ground, tries to find publican majority attempted to re- needed to crush the virus is going to be bipartisan solutions. I appreciate that, move. a lot easier if workers have the back- and I hope there are a lot more issues Just process that for a moment. We stop of enhanced unemployment insur- in the future that we can work on to- had a debate on the floor of the Senate. ance so they have the money—in South gether as members of the Finance There was only one thing Senate Re- Dakota, in Oregon, and every part of Committee. He is the ranking Demo- publicans wanted to remove. They the country—to make rent and pay for crat on the committee. I hope we can wanted to remove the provision I am groceries. work together and find some things we describing that would give millions of Blocking enhanced unemployment can do that are good for our economy. Americans who are hurting the oppor- insurance creates a disincentive to What he is proposing right now is to tunity to make rent and buy groceries crush the virus with strong action and extend unemployment insurance bene- and get their kids sneakers and pay for will lead to more people spending more fits at $600 a week. Democrats have medicine. I am still incredulous about time in more hotspots, perpetuating said they don’t want to do a piecemeal this, but, actually, one Member of the both the tragedy of the pandemic as approach. Yet that is exactly what is minority came up to me before we well as the tragedy of our anemic eco- being offered right now. I guess the voted and said: RON, what you are talk- nomic recovery. question is, What has changed? Less ing about is going to cause nurses to I will close with this. It does not than 2 hours ago, my Democratic col- leave their jobs now during the pan- have to be this way. There is a lot leagues blocked not just extending ad- demic and go into retirement and get more work to be done. State and local ditional Federal unemployment bene- unemployment. And I said: You have to governments need more funding for fits but also providing more paycheck be kidding. I handed the Senator the hospitals and testing. We need support help for small businesses through the article from the local paper that de- for our schools. We need support for PPP program, funding for schools and scribed how nurses were actually com- basic municipal services. There ought universities to reopen, more money for ing out of retirement to work during to be more opportunities to talk about testing and vaccine development, help the pandemic because they cared so those issues in the days ahead. for the U.S. Postal Service, and relief deeply about their community. Right now, passage of enhanced un- for farmers. I would argue they are all Fortunately, that Republican effort employment insurance is long overdue. bipartisan priorities. This should be a that night to gut the expanded unem- I see my friend from South Dakota, no-brainer. ployment benefits failed, and now I with whom I have worked often in the What is ironic about it is that our po- think we have people from across the Finance Committee. We have been on sition on this all along has been that political spectrum saying that that this floor again and again over the last just because we can’t do everything program has turned out to be one of few months talking about this. doesn’t mean we shouldn’t do some- the most successful safety net pro- I offered a proposal with the distin- thing. The Democratic position seems grams in decades—in decades. guished Democratic leader, Senator to be that just because we can’t do ev- For months, Republicans have been SCHUMER. We thought that was some- erything, we would rather do nothing. repeating the same story about why thing that would be appealing to both We think the American people are pay- they oppose the expanded unemploy- sides. But the bottom line is for this ing the price for that. ment insurance. They say it is because Chamber, as we are looking at the So instead of supporting our com- what we did is holding back the econ- coronavirus spike again, to say that we prehensive package, which deals with omy—that it is a disincentive to work are not going to stand up for people all the issues that I mentioned—all of and lazy workers are choosing to sit at who are just trying to make rent and which, I might add, are bipartisan pri- home collecting insurance. Wrong, pay for groceries. orities—we have a proposal here that I wrong, wrong. It was wrong from the Somebody asked me at home. I was think, frankly, is stuck in the past. beginning, and it now should be obvi- just at home. I got into virtually every For example, this bill would restart ous. nook and cranny in my State over the extra unemployment payments that Enhanced unemployment insurance last couple of weeks in a socially dis- gave most people more money not to expired at the end of July—July 31. If tant way. People said: What do I see work than to work. those insurance payments were really people spend the unemployment money Just to correct the record about one shackling our economy and being a dis- on? They said: They all seem to be in point my colleague from Oregon made, incentive to work, then, why wasn’t the grocery store. I said: They are pay- the amendment offered by Republicans there a megaboom in hiring in August? ing for rent and groceries and essen- when the CARES package was being The fact is that job growth shot down tials. They sure aren’t using unemploy- considered wasn’t to gut the unemploy- immediately after enhanced unemploy- ment money to buy scarves or fancy ment program. The Senator from Or- ment insurance expired, and it plum- things from overseas. They are using it egon fought very hard to get that pro- meted in September. for essentials. My view is, the Senate vision in the CARES package. There The reasons to bring back enhanced has no choice but to extend the en- was an amendment offered on the floor unemployment insurance ought to be hanced unemployment insurance. that would have calibrated that Fed- clear: It is the right thing to do in Mr. President, as if in legislative ses- eral unemployment benefit to what an terms of economic fairness for workers. sion, I ask unanimous consent that the individual is making—in other words, And the main argument against en- Senate proceed to the immediate con- 100 percent wage replacement. That is hanced unemployment insurance has sideration of my bill to provide contin- what was in that proposal, and it was been proven wrong. ued assistance to unemployed workers, voted down on a party-line vote. Finally, renewing enhanced unem- which is at the desk; I further ask If you look at what the CBO esti- ployment insurance is absolutely key unanimous consent that the bill be mates, 80 percent of people would be to protecting our public health. The considered read three times and passed, paid more for not working if the $600- pandemic is raging now. Cases are and that the motion to reconsider be per-week benefit were continued. It is going up. There are hotspots all over considered made and laid upon the not just a few dollars more. There was the map. We are in what so many of table. a recent study under the $600 plus-up the experts say is the tip of the third The PRESIDING OFFICER (Mrs. that median unemployed workers wave of the virus: cold weather coming BLACKBURN). Is there objection? would receive a benefit of 145 percent up, folks being indoors. And in some The Senator from South Dakota. of their prior wage. In South Dakota, I parts of the country, mayors or Gov- Mr. THUNE. Reserving the right to will tell you that the median wage re- ernors may soon face the possibility object, I just want to say, because my placement rate was 155 percent. Think that certain areas could go back into colleague from Oregon—as he pointed about that. If you are making $30,000, lockdown. Business owners might begin out, he and I work closely together on making minimum wage—$15 an hour, to wonder if staying open is too dan- a number of issues—trade issues, tax $30,000 a year—in my State of South gerous a prospect—particularly, if you issues, particularly in the digital Dakota, under the Senator from Or- are talking about places like res- space. I know he is a person who tries egon’s proposal, that individual would

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.094 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6354 CONGRESSIONAL RECORD — SENATE October 21, 2020 make $45,000 a year. That is 150 percent the case as well into September and take. That is why we have advocated of wages or north of that. One hundred October. going with something that we know and fifty-five percent is the median The one thing I do want to take ex- worked and provided an awful lot of re- wage replacement in my State of South ception to with respect to my col- lief to people and does not create a dis- Dakota. Consider what the incentives league’s remarks is—he said Repub- incentive to work. If it did, when it ex- are for that person making $30,000 licans never sought to gut the $600. pired, we would have had a hiring boom working or $45,000 not working. That is just not accurate. On the floor, in August. That wasn’t the case. My dad just passed away in August. the Republicans wanted to take out I yield the floor. He was 100 years old. He used to say: that amount, which everybody was The PRESIDING OFFICER. The Sen- Some things, JOHN, are just kind of going to get, and replace it with some- ator from South Dakota. old-fashioned horse sense. I think in thing that was completely unworkable Mr. THUNE. I would simply point out this case, this is someplace where you and wouldn’t have gotten benefits to that the bill that we voted on and the can apply old-fashioned horse sense. If unemployed workers quickly. Democrats all voted against earlier you offer somebody a benefit that dra- You don’t have to take my word for today did include a formula not unlike matically exceeds—not by just a little it. Eugene Scalia, the Secretary of what the Senator from Oregon is sug- but by a lot—what they would be mak- Labor, during days and days of negotia- gesting, and that is a flat payment on ing if they were working, obviously tions, as we talked about the concept top of the standard unemployment ben- you can see what would happen there. the Senator from South Dakota has efit. It was a $300 payment as opposed I would point out that when I went raised, the whole notion of wage re- to a $600 payment. That would not be back for my father’s funeral in August, placement, the Secretary of Labor said, complicated to implement. in the middle of the travel season in can’t be done. The States don’t have The amendment that was offered South Dakota—normally an incredibly the technology to do it. when the CARES Act passed was a full busy time—there were little eating Those discussions went on for days wage replacement. There were concerns places in my hometown that weren’t because Republicans were insistent on about whether that could be imple- open. Why? They couldn’t find workers. going with this wage-replacement idea, mented by the Department of Labor, to I have talked to them about that and which has now been characterized by a be fair. But honestly, if you think talked to a lot of small businesses in Republican labor official in Georgia as about it, I am not sure what would be my State. I think the $600 payment has one of the dumbest ideas he had heard terribly complicated about having acted as a tremendous disincentive for of because it was so unworkable. somebody come in and asking ‘‘What people to come back into the workforce Finally, I said that we are not going do you make? Show me what you when there might be jobs available. to stiff these workers, so we will take make’’ and then saying ‘‘OK. That is The $600 ended about 3 months ago. an average. Some people will get more what you are going to get for a ben- Yet the same idea is being offered up than they normally would; some people efit—100 percent wage replacement.’’ even though the unemployment rate would get less than they normally To me, that makes sense. has fallen. In April, it was 14.7 percent. would from their wage and benefits. We Again, I would come back to the idea In September, it was 7.9 percent. In my will take an average, but, by God, the that if you pay somebody more not to State of South Dakota, it is 4.1 per- checks will get out quickly to people work than to work—people naturally— cent. The idea that with the economy who had been sent home through no I think we all do—respond to incen- recovering we would now come back to fault of their own. They were quar- tives. It seems pretty crazy to suggest pay people more for not working than antined, as we all know, because we that you could offer people 150 per- working seems to be counterintuitive. were desperate to beat the virus. Peo- cent—or more in my State of South Again, our plan, which was opposed ple would have that money for gro- Dakota—of what they were making by the Democrats 2 hours ago, would ceries and rent. while working, in the form of a benefit, have provided an additional $300-per- That is why we went with $600, be- and not have them say ‘‘Gee, I can week payment through the end of the cause the idea that my colleague from make 150-some percent more not work- year. That is real help that could be South Dakota has spoken about today ing than working’’ and decide to take made available right now. and that Republicans always talk that benefit. I think that is what we Even without this additional $300 about was declared by the Republican run into. That is the economic disrup- payment, some expanded unemploy- Secretary of Labor, Eugene Scalia, as tion created by what the Senator from ment benefits are still available being unworkable, and if we were going Oregon is suggesting. through December. If you look at—the to get a check to people in a timely To his point about jobs coming back, Senator from Oregon mentioned self- way, we had to go with the $600. that is exactly the point I made ear- employed, independent contractors, gig My staff and I put it together. We lier. The unemployment rate in April workers who are not normally eligible used this smartphone to make the cal- was 14.7 percent. In September, it was for unemployment. They are going to culations. We showed it to Secretary 7.9 percent. Jobs are coming back. In get that help through December. Mnuchin because it stayed within the my State of South Dakota, it is 4.1 per- Given the problems with this bill and budget limits. And that was how we got cent. The economy is trending in the because it doesn’t address the broader to $600. It was the only way to get an right direction as it starts to open up issues that I enumerated earlier, I ob- unemployment check out to people again. There is demand out there for ject. quickly. labor. When the demand for labor goes The PRESIDING OFFICER. Objec- Thank goodness the Republican mo- up, the price for labor goes up. That is tion is heard. tion to strip it was defeated because what I think you will continue to see. The Senator from Oregon. had the Republicans won, there would I believe, along with the Senator Mr. WYDEN. Madam President, just have been a lot of people during those from Oregon, that we need to help peo- to respond to the Senator from South 4 months—essentially ending July 31— ple who are unemployed. The bill that Dakota, it has always been a bedrock who couldn’t have made rent, couldn’t was just voted down by the Democrats argument from Senate Republicans have paid for groceries. That is just would have done that at a $300 benefit that somehow unemployment insur- plain old wrong. above and beyond what the State un- ance is a disincentive for people to We are going to continue to work in employment insurance program pays. work. If that were the case—unemploy- a bipartisan way. My colleague and I In most States, that is about 90 percent ment benefits expired in July, July 31. agree on the point that we want to do of wage replacement. To suggest that If somehow those unemployment bene- big things in the Finance Committee. the Republicans are being heartless fits were shackling the economy, cre- We have to work in a bipartisan way. just isn’t true. ating disincentives to work, why I just say to the Presiding Officer and Obviously, the amendment that we wasn’t there a mega boom in the work- my colleagues, to go back to what my offered back in March when the CARES force in August? The reason is pretty friend from South Dakota says is the Act was being considered had 100 per- obvious: Those unemployment benefits way to go even though the Secretary of cent wage replacement. It seems like a were not a disincentive. That has been Labor said it couldn’t be done is a mis- very intuitive, practical thing to do to

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.095 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6355 say we are going to replace what you Officer wears a mask when presiding because President Trump and Senator were making when you were working. because I know the President doesn’t MCCONNELL continue to fail to get this Obviously, the proposal voted down believe in it, but public health officials pandemic under control. by the Democrats today had the State in Tennessee and Arkansas and Ohio The stock market is back up, so unemployment insurance benefits plus and Oregon and Hawaii do. So I ask Trump and MCCONNELL seem to think a $300 plus-up, which, again, is about 90 this of the Presiding Officer and would everything is fine. They are oblivious percent wage replacement. hope the Presiding Officer and others to the families who are staring at So I think what the Senator from Or- will consider public health when they stacks of bills, who can’t pay their egon is suggesting here is, No. 1, we do preside over this body. rent, who have to run up credit cards, this piecemeal after his side has been Before I address my issue—and I will who go to payday lenders—who don’t saying we have to have a comprehen- note when Senator CRAPO has shown up know what to do. There are 600,000 peo- sive approach. Secondly, he is calling on the floor to address—I want to point ple in my State who lost their unem- up an amendment that, frankly, we out a couple of things that I just heard ployment insurance in August. What have kind of moved beyond now. We from Senator THUNE and Senator are they supposed to do? are in a different place in the economy. WYDEN. Senator MCCONNELL and President We still need to help people who are Senator WYDEN is exactly right. The Trump are oblivious to the parents who unemployed, but we don’t need to en- only amendment to the $2.5 trillion are under an overwhelming amount of courage people not to work because it package that the Republicans offered stress. They try to do their jobs, juggle would pay them more—the government was to strip away the $600. remote learning, and worry about would pay them more than they would I have always been puzzled by how whether their schools are safe. They make if they were working. To me, much the Republicans as a party—al- are oblivious to the layoffs that keep that sounds counterintuitive. I think most since Roosevelt—have hated un- coming, especially in local govern- the American people get that. employment insurance. ments and school systems. The PRESIDING OFFICER. The Sen- I know you don’t like social insur- It just didn’t have to be this bad. We ator from Oregon. ance. You don’t like Medicare, but you are the greatest, wealthiest country on Mr. WYDEN. Madam President, just pay into Medicare, and then you get a Earth. What good is it if we can’t rise very briefly, my friend from South Da- benefit when you need it. You pay into to meet a moment like this? kota said I had called Republicans Social Security and get a benefit when Trump and MCCONNELL want you to ‘‘heartless.’’ That was not my word, you need it. You pay into unemploy- believe that we can’t solve big prob- but when Americans who have a great ment insurance and get a benefit when lems, that we can’t use our resources work ethic and believe, as my friend you need it. to help ordinary families, that we can’t from Ohio has always talked about, in I know the Republicans say they use our talent to produce tests and PPE, and that we can’t use our inge- the dignity of work but can’t get jobs don’t like Medicare, but every time nuity to figure out how to open busi- and can’t make rent and can’t pay for they have a chance, they try to pri- vatize Medicare. nesses and schools safely. groceries, I don’t think we should say, A half a million Ohioans are out of Right, Senator WYDEN? when they need a loaf of bread: Well, work, and 220,000 Americans are dead. we will just settle for a slice. Then they try to privatize Social Se- Yet MCCONNELL and Trump have sim- The people I met in Oregon all curity, right? I can’t believe the number of Repub- ply said: Not our problem. You are on through last week desperately want to your own. I mean, that is the story of work. They know that it is the path of licans I have heard, when they have come to the floor, either publicly say this Senate unless you have a family upward mobility in the private econ- member who is going to be confirmed or privately grumble to themselves or omy. Yet, as we have seen, lots of jobs as a Federal judge. Other than that, each other: I can’t believe this $600 a are gone. You can go down Main you are on your own. They want you to week for these people. We shouldn’t be Streets, and there is barely a car mov- believe it is the best America can do. ing. That is why we have said, as my giving that much money to these peo- I think we can do big things. I think friend from Ohio always talks about, ple. we can actually solve problems for the I mean, that was the tone of voice. when those workers believe deeply in people we serve. We did it in the spring the importance of work, and they There was, perhaps, derision in their when we put $600 a week in the pockets know, by the way, that it is the only voices. of people who lost their jobs and kept I was talking to an unemployed way they can secure upward mobility millions out of poverty. We put in worker today who has lost her job, and in the private economy. When they place an eviction moratorium, and we can’t do it as a result of this pandemic, she is hurting. I mean, fortunately she gave people stimulus checks to spend has a spouse, and her spouse has insur- which is spiking again, we don’t think in this economy, but then MCCONNELL it is wrong to make sure people get a ance, but she was talking about the and Trump let it all expire. Families sufficient benefit to pay rent and buy $600 she got. It has also helped local are now forced to choose between rent groceries. businesses. A whole bunch of people in and utility bills and between food and I yield the floor. my communities are getting the $600 a prescriptions. The PRESIDING OFFICER. The Sen- week, and it keeps these businesses Yet nobody around here does. I un- ator from Ohio. going too. derstand that. Nobody here has to Mr. BROWN. Madam President, I no- I guess I don’t understand the Repub- choose between food and prescriptions tice of the Presiding Officer and the lican hatred of unemployment insur- or between rent and utility bills. No- junior Senator from Arkansas, who was ance. I would think it would be body here does, but a whole lot of peo- the Presiding Officer right before, and trumped—pardon my verb—by how ple in our States do. So they are turn- far too often of the Presiding Officers much it helps small businesses, but I ing to payday lenders and getting that they are taking their masks off guess it is not. So that debate, I guess, trapped in cycles of debt. They are when they preside. I notice that right is over. going to lose their homes. One-sixth of below the Presiding Officer are always I will also note that, when we were renters are behind on rent right now. three or four staff people who are fully giving the $600 a week, one study That is 11 million people. Most of them masked. I also know that a number of showed it kept 12 million people out of are behind on rent because they have our colleagues have been diagnosed poverty. But I guess everything is OK. lost their unemployment checks and with the coronavirus. The stock market is back up, so Trump don’t have any place to turn. I would hope that the Presiding Offi- and MCCONNELL seem to think every- Even with that, extending UI would cers, starting today, would wear masks thing is fine. not be enough. It doesn’t help you if when they preside. As they speak and UNANIMOUS CONSENT REQUEST you still have a job but have had your project, it puts people at risk who sit Madam President, I thank my col- hours cut back. It doesn’t help recent right below the Presiding Officer. I leagues for joining me on the floor college grads or recent high school know it might offend the President of today to be voices for the millions of grads. It doesn’t help if you are self- the United States that the Presiding people who are frustrated and angry employed or are working odd jobs.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.096 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE October 21, 2020 As Senator WYDEN said, we simply sentially what the President and the Six months ago, this body came to- haven’t modernized our unemployment majority leader are telling people: You gether and unanimously passed a pack- system well enough. The CDC’s evic- are on your own. You are on your own. age that provided historic, unprece- tion moratorium is also not enough. You are on your own. dented support to the housing market Without the dollars to back it up, it is It means we should be helping fami- both for homeowners and renters alike. only going to lead to a wave of evic- lies pay the bills and stay in their We gave the majority of homeowners in tions come the new year. We need to homes. It means bringing back the $600 this country the option of hitting the get money directly to the people so UI. It means getting support to our pause button on their mortgage pay- they may pay these bills or there will schools and communities so they can ments. We prohibited foreclosures and be a wave of evictions in the middle of open. It means helping small busi- evictions across a wide swath of the a pandemic. nesses. It means putting money in peo- marketplace, which was recently ex- Hundreds of thousands of people a ple’s pockets. panded by the CDC to cover an even week are dropping into poverty, and we Madam President, as in legislative broader portion of the market, and we know that the $600 kept a lot of people session, I ask unanimous consent that have extended it through the end of out. Now people are dropping into pov- the Senate proceed to the immediate 2020. President Trump, through his Ex- erty, so there is going to be a wave of consideration of my bill to provide ecutive orders, has extended this fur- evictions, and that wave of evictions is emergency rental assistance and rental ther. going to come. No. 1, it is terrible to be market stabilization and to provide a We have appropriated in excess of $12 evicted anyway. No. 2, it is more ter- temporary moratorium on eviction fil- billion in supplemental funding to spe- rible to be evicted in the middle of the ings, which is at the desk. I further ask cifically enhance Federal housing pro- winter. No. 3, it is even more terrible unanimous consent that the bill be grams. We have provided $150 billion in to be evicted in the middle of the win- considered read three times and passed funding to States and local govern- ter in the middle of a pandemic. How and that the motion to reconsider be ments through the coronavirus relief can we sit here and allow that to hap- considered made and laid upon the fund, or CRF, a significant portion of pen? table. which has been used for rental assist- Even now, with the Trump adminis- The PRESIDING OFFICER. Is there ance. tration’s flawed eviction moratorium, objection? We worked together in a bipartisan evictions are happening. We see stories The Senator from Idaho. way on the CARES Act. I wish we could every day across the country, and more Mr. CRAPO. Madam President, in re- work on this next act the way we evictions are coming in January. The serving the right to object, it is re- worked then, but, no, it is take it or work we do in this body to get help to markable that we see here a series of leave it. And we are capable of doing people can’t make up for the lack of unanimous consent requests to pass the same in coming days if we can sim- ply get on the legislation in the Sen- leadership from the White House, but legislation without debate and without ate. we could mitigate some of the damage. the opportunity for amendment and As I have said before on this floor, I improvement. It is just a few hours The House did its job and passed the agree that we can and should do more after a refusal to proceed to legislation Heroes Act a few months ago. Over and to help in rental markets, to help those by which we could have done just over, I don’t see a sense of urgency in who are most vulnerable and who are that—legislation that had $500 billion MCCONNELL and Trump. They have ig- most at risk of eviction, but passing of additional assistance going out to nored the families. They have told the this bill—take it or leave it—that re- the American people. Legislation that families: You are on your own. ceived no Republican support in the This month, the House again passed a did address these unemployment House, was just jammed through the bill to help families make ends meet. It issues—and that has been discussed House on a partisan vote, is not the over the last 45 minutes on the floor— provides the help for renters that I way this body ought to do its work. come to the floor to offer today. The was objected to so that we couldn’t The same thing goes for any blanket bill contains $50 billion in emergency even get on the bill. moratorium—that is what is being pro- rental assistance. It extends the Following NANCY PELOSI’s ‘‘take it or posed right now—that would tie the CARES Act and the eviction morato- leave it,’’ ‘‘my way or the highway’’ hands of housing providers across this rium to virtually all renters through approach, we are now here, seeing our country and cause many of them to March. It will protect families, and it colleagues on the other side pick up collapse, damaging the very industry will protect public health so that it pieces of the legislation that NANCY and the very sector of our economy will not just be those families who are PELOSI wants to pass without negoti- that we need to strengthen to deal with protected from eviction; it will be all ating and without working through the these critical issues. of us around those families who could legislative process to see if they can We still have time to reach a bipar- suffer from a compromise in public drive those through the Senate and ob- tisan solution. I believe a bipartisan health. It will also give renters and ject to not doing them in regular legis- solution is possible to help out the property owners the help they need to lative order. renters across our country, and I have pay their bills. We are ready to engage in major leg- been working to develop one. This is Senate Republicans have refused to islation. Yet a couple of hours after we likely something, if we can get agree- consider it and the bill that I offer here tried for the second or third time to ment to move on it, that provides tar- today. The multimillionaire majority put it on the floor—and had that oppor- geted support to renters who have suf- leader and his caucus have the audac- tunity refused by my colleagues on the fered COVID–19-related reduction in ity to tell people who have lost their other side—we are accused of not work- their income or job loss and who were jobs and the audacity to tell essential ing on these issues, and the ‘‘take it or current on their rent before the out- workers making $10 or $12 an hour that leave it’’ proposals from the House- break, avoids creating perverse incen- it is too expensive to give them help to passed legislation are being thrown on tives in our housing market by ensur- pay their bills in the middle of a na- the floor of the Senate. ing that those who are able to pay tional crisis. It is never too expensive Let’s talk about the current one—the their rent continue to do so, and is lim- to help Wall Street. It is never too ex- proposal for rental assistance and evic- ited to the length of the crisis and is pensive for a corporate tax cut. It is tion protection for those who need help delivered through a mechanism—con- never too expensive to help the people in housing markets. I will say now that trary to what is being proposed here— who are in charge, but it is too expen- they need help. As I said the last time delivered through a mechanism that is sive to help the people who are making this effort was tried, they need help, quick, responsible, and minimizes op- $10 or $12 an hour. and we need to work together instead portunities for fraud, waste, and abuse. People are exhausted. They are tired of just trying to lob NANCY PELOSI’s We can do this if we will stop the of feeling like no one is on their side. bill into the Senate when we can’t get ‘‘my way or the highway’’ approach to The American people shouldn’t have to agreement to even put a major $500 bil- the House legislation and work to- fend for themselves in the middle of a lion relief package on the floor for de- gether in the Senate to do what we did once-in-a-generation crisis. That is es- bate and consideration. with the CARES Act in the first place.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.098 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6357 The argument has been made that we er to put something on the floor that and they want to intervene in a Presi- won’t even re-up the unemployment in- really doesn’t meet people’s needs. dential election. surance, when the Senator from South I yield the floor. For the better part of a week, the Dakota made it very clear the bill that The PRESIDING OFFICER. The Sen- tech giants have been actively sup- our colleagues rejected just hours ago ator from Idaho. pressing the reporting of Alexander on the floor of the Senate had a 100- Mr. CRAPO. Madam President, I Hamilton’s newspaper, the New York percent wage replacement formula—100 know we have yet another UC request Post. And why? Well, because they percent wage replacement. coming, and I want to give time for don’t like the story and they don’t But the notion of trying to quickly that to my colleague here in the Sen- want people to read it and they are advance the provision that we are talk- ate. willing to use their power to stop the ing about by unanimous consent, with- I, too, appreciate working with the distribution of a story written by the out the opportunity to properly debate Senator from Ohio, and we worked in a free press in this country. it, is a concerning precedent and will bipartisan fashion when we put the Now this isn’t about Hunter Biden’s only cause more long-term damage in first CARES Act on the floor, which, as emails, though those are important, the future. you said, got a unanimous vote. I am and we deserve to know whether Hun- Accordingly, I object. hopeful we can do that again. ter Biden was giving his father kick- The PRESIDING OFFICER. Objec- I just want to respond to one thing, backs on payments from foreign tion is heard. and that is it is constantly being said oligarchs in exchange for changes to The Senator from Ohio. that Senator MCCONNELL said there is American foreign policy. Mr. BROWN. Madam President, I not a sense of urgency. This was But this is about something even thank the Senator from Idaho, and I months and months and months ago more than that. This is about whether regret that he will not be my com- before our first act had even had an op- a small handful of corporate execu- mittee partner next year because he is portunity to play out. moving on to—I guess he considers it a But the urgency that you have seen tives—Mark Zuckerberg, Jack Dorsey, Sergey Brin, and Larry Page—whether better committee. I don’t know for from Senator MCCONNELL and others sure. today is reflective of the refusal or the they get to decide who is allowed to see But anyway, the Senator from Idaho inability—let me say the inability of what; which newspapers are allowed to is right. We passed it unanimously both sides to come together on a deal. break the big stories and which ones back in March, and it worked. The $600 And his reaching out multiple times— are censored; which political party will and the help for hospitals and schools most recently a few hours ago today— get bad news suppressed at the height and governments, local and State gov- and I am hopeful that we will reach out of the election season and which one ernments, actually kept—1 study said again and give all of our Senate col- will get it amplified. And most impor- 12 million; say it is half of that—5, 6 leagues the opportunity to simply pro- tant, it is about you. It is about what million people out of poverty. It ceed to get a bill on the floor that we normal, everyday Americans get to see. worked. can work on. It is about what you get to say. It is So we said to Senator MCCONNELL in I totally disagree with the argument about the news you read in your news about May or June—because these pro- feeds and the content that comes to grams and dollars were running out— that what we have been trying to get— a $500 billion bill—I can’t even remem- you in your notifications and your we see what has worked. We will jet- video playlist because, yes, the tech tison what doesn’t work, and we will ber the negative comments that were made at the time, the type of descrip- companies control all of those things, continue those programs. But then, lo and they use them to try to shape what and behold, Senator MCCONNELL kept tive comments that were made about it. It is a very real, significant piece of you are thinking—even how you are saying: No sense of urgency, no sense feeling. Oh, yes, they have run experi- of urgency, no sense of urgency, and we legislation that itself can be enhanced. It could be enhanced with this rental ments on all of that. They have run ex- got zero in the end, when we asked periments on how to manipulate the Senator MCCONNELL in August to— assistance that we are talking about right now. content that they control and deliver don’t let the $600 expire. We know more to you in order to manipulate your people will drop into poverty. We know I believe we need to get some legisla- tion on the floor, stop the back-and- emotions and influence your views and more people will be evicted. We know, influence how you feel and what mood as Senator JACK REED has worked on, forth bantering between parties and be- tween Houses in the Congress, and get you are in, and, yes, what Presidential we will see more people foreclosed on. candidate you favor. Senator MCCONNELL has used the serious discussion of serious legislation crutch of half the Republicans, half my and move forward. It is their roller coaster, and we are friends on this side of the aisle, don’t I yield the floor. all just riding on it. That is their want to vote another dollar. He said The PRESIDING OFFICER. The Sen- world. That is the world that they they won’t vote for anything. So ator from Missouri. want. That is the America that they want. maybe Senator CRAPO is an exception UNANIMOUS CONSENT REQUEST—S. 3983 to that. Mr. HAWLEY. Madam President, I The struggle against the tech giants But this proposal of MCCONNELL, we am here to talk about who runs Amer- is a struggle for control. Do the tech know how cynical it is; we know how ica—the big tech giants or the Amer- platforms control America or do we inadequate it is; we know how pitiful it ican people? I am here to talk about control them? And it is time the U.S. is; and we know that Speaker PELOSI the big tech oligarchs’ attempts to in- Senate did something about it. This has made several offers. She started stall themselves as the de facto ruling body is supposed to represent the peo- with a pretty big package that a lot of class of this country, to usurp the ple of this Nation. This body is sup- us thought was pretty close to ideal. power of the people, and I am here to posed to defend the people’s interests, We knew that there would be com- talk about what we can do about it. but for too long this body has done the promise. She came back with a signifi- For years, the tech giants—Google, bidding of Big Tech. It has given tech cantly smaller package, and still they Facebook, Twitter—they have spied on lavish government handouts and then just say she rammed it through, and us without our knowledge; they have looked the other way while tech cap- they rejected it. taken our private information without tured one government agency after an- So I understand the handwriting on our consent; and they have used all of other. the wall that as long as Republicans it to manipulate us and turn massive Do you know a recent news report control this body, that we won’t take profits in which the American people found that the FTC, the body in charge care of people at home, that we won’t have had no share. That is their busi- of enforcing—supposedly—much of our do adequate—adequate rental assist- ness model. It is like the strip mining antitrust law and our competition law, ance, and we won’t do adequate unem- of America. that two-thirds of the FTC’s employees ployment. But now, not content with exploiting have conflicts of interest related to We will see a cynical, inadequate sort and extracting, the tech monopolies tech? That is good old-fashioned gov- of pitiful attempt by the majority lead- want to control our news and opinions, ernment capture by Big Business, by

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.100 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6358 CONGRESSIONAL RECORD — SENATE October 21, 2020 the megacorporations, and that is ex- they provide. It is a gravy train. The pened at the Federal level, then, I am actly what has been going on in Wash- politicians love the cheap ads that they all in for that. But it is quite unusual ington for years right under the nose of get to run on Facebook. for us to take on something so funda- the U.S. Senate. Now, Washington, DC, does really mental. And if we are being honest, it is real- well under the current arrangement— The Senator is a Member of the ma- ly no surprise. Tech has spent out- really well. Big Tech works really well jority. If the Senator could not get a rageous sums of money—outrageous for Washington. Heck, Big Tech owns hearing, that is absolutely his problem. sums of money—to purchase influence half the town. But if you are an every- I could get a hearing for my bill be- in the Capitol of the United States. It day American, if you are an inde- cause I have bipartisan cosponsors. So, is time for those days to end. This body pendent journalist, if you are a pro-life on all of the legislation that he is talk- must act in defense of the American advocate, if you are somebody who ing about, he has failed to reach across people, and we can. doesn’t have the approval of Big Tech, the aisle and to work with a Democrat We can tear down the main pillars of if you are somebody who doesn’t have or two or three and to try to reform Big Tech’s power. We don’t have to tol- an inside track to the good graces of some of these institutions through the erate their monopolies. We don’t have the tech giants, well, the message to levers of power that we are in posses- to accept their stranglehold over you is really simple: Do what tech tells sion of. speech and our data and our news and you to do or they will silence you. And fast forward to next Wednesday, our personal information and our so- No corporation should run America, I think it is, and the Senate Commerce cial communications. We can force and definitely not Big Tech. We have Committee, through its Twitter feed, is them to change the way they do busi- squandered precious time already. The running a campaign ad—literally, a ness rather than allowing them to tech giants have been allowed to grow campaign ad—that says: Hunter force us to change how we think. too powerful, too big. Now we must act Biden’s emails. This is the Commerce We can ban manipulative ads, and we while we still have time remaining and Committee of the U.S. Senate, and should. We can repeal the immunity stand up and be counted before it is too they are tweeting out things con- shield. We can crack down on addictive late. cerning Hunter Biden’s emails. What a platform design. And I have introduced Madam President, as if in legislative sad moment for the institution of the plenty of legislation over the last 22 session, I ask unanimous consent that U.S. Senate and the cumulative bipar- months to do all of that, and I am still the Committee on Commerce be dis- tisan history of the U.S. Senate Com- waiting for a vote on almost all of it. charged from further consideration of mittee on Commerce. Heck, I am still waiting for hearings on S. 3983 and the Senate proceed to its It is terribly sad. If there is an effort any of it. immediate consideration. I ask unani- to work on these issues in good faith, I If this body is not ready or willing to mous consent that the bill be consid- will be the first in line. I have been the say that these platforms need to ered read a third time and passed and first in line. But if we are going to try change the essence of what they do, that the motion to reconsider be con- to do a unanimous consent—which means, for the public watching, that well, then let’s at least tell them that sidered made and laid upon the table. they cannot censor us with impunity. The PRESIDING OFFICER. Is there we are going to pass this bill unani- Let’s at least make them live up to objection? mously without any debate; we are their word when they tell us that they The Senator from Hawaii. going to pass this bill without it going want open conversation. Let’s at least Mr. SCHATZ. Madam President, re- to a hearing; we are going to pass this bill without any Democratic input— tell them that if they violate their serving the right to object, I want to be that is nonsense. promises to us and if they censor us ar- clear about what is going on. I have I object. worked very hard on tech issues and in- bitrarily, that we can have our day in The PRESIDING OFFICER. Objec- court to fight back. troduced bipartisan legislation actu- tion is heard. Let’s at least put some power back in ally to reform section 230. We have had The Senator from Missouri. the hands of the American people to hearings in this area. Senator THUNE Mr. HAWLEY. Madam President, I fight the tech giants, and let’s allow and I have been working in good faith would agree that it is a problem that Americans to have their day in court. in this space. we can’t get hearings or votes on seri- And that is why I am moving this So I want to separate out the kind of ous tech legislation. That is a problem. legislation here, now, today on this legitimate questions regarding the The Senator makes my point. That is floor, to provide every American that tech industry’s influence on American exactly the problem, and that is ex- right. We should get this done now. society, as it relates to privacy, which actly what one gets from Big Tech’s There should be no further delays. I have legislation for, as it relates to significant investment in the U.S. Cap- And let’s haul those tech executives its impact on journalism, and as it re- itol. They are getting exactly what in to testify under oath about what lates to whether or not there can be an they paid for. they did last week and at whose behest. appropriate balance struck in terms of I would also say to my Democratic Let’s get binding commitments from preventing the platforms from being friends that you can’t separate Big them, under penalty of perjury, about hijacked for the purpose of carrying Tech’s control of information and of how they will do their work in the foreign misinformation for the purpose the news and love it when they agree short remaining days of this election of influencing an election and their le- with you and condemn it when they season and about the future of their gitimate rights under statutory law don’t. censorship policies. Let’s get the truth and their free speech rights. I don’t want to influence the plat- out of them. These are complicated issues. Sen- forms. I want to break them up. I don’t I would just say to my fellow Repub- ator HAWLEY and I briefly had a con- want to influence how they use their licans, we are supposed to be the oppo- versation about these issues. I listened power. I don’t want them to have the nents of concentrated power. That is to him talk on these issues, and I basi- power. I don’t want them to agree with what the fight against Big Government cally said: Look, I divide what you are me. I don’t want to influence or shape has been about all along. So what have talking about into two categories. I their views. I want them to stop trying we been doing with our Senate major- think some of your critique around Big to manipulate the American people. ity to fight the greatest concentration Tech is smart and I agree with, and That should be the goal. of power Americans face today? What some of it I consider to be not in good The goal is not to compromise their have we been doing to confront this faith and an effort to influence the power. The goal is not to say: Hey, how great threat to American democracy? platforms in order to carry the water about Big Government and Big Tech Let’s just tell the truth. The truth is for people like Rudy Giuliani. get together? We have had too much of many Members of the Republican es- So if there is a sincere effort to work that already. The goal should be to put tablishment love Big Tech. They love on a bipartisan basis on something so a stop to their power and control, be- Big Tech. The think tanks love the foundational as section 230 or whether cause the American people are sup- money that Big Tech contributes to or not to establish a privacy right in posed to be the sovereigns of this de- them. The lobbyists love the work that statutory law, which has never hap- mocracy, not Big Tech.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.102 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6359 I say again to my liberal friends and Now, many of my Democratic col- ficult when you can’t afford basic to those on the conservative side of the leagues have talked about the terrible healthcare, like birth control, if you ledger, as well: If you are not willing to impact of striking down the Affordable don’t have good insurance or any insur- challenge tech’s control over news and Care Act on American families. I share ance. over information and over communica- this commitment that they have—that It is very hard if you have been tion and over messaging and over jour- we all have—to protect healthcare as a shamed or threatened or harassed for nalism, then, I don’t think you have human right. But as the only Senator seeking the care that you need. It is yet reckoned with the truly dangerous who has worked at Planned Parent- even harder when the government is threat that these companies pose to hood, I want to take my time today to looking over your shoulder, telling you the functioning of American democ- talk about what is at stake if the Su- what you can and cannot do with your racy, and I don’t think you have yet preme Court overturns or weakens Roe. body and your life, because the truth reckoned with the threat we are facing When I worked at Planned Parent- is, most laws restricting abortion are to the basic control of ‘‘We the peo- hood, I saw firsthand how comprehen- not about good healthcare. They are ple.’’ sive reproductive healthcare is essen- about substituting the judgment of For my part, I will not stop. I will tial for women to have the freedom and government for the intensely personal, continue to come to this floor as often the opportunity to live the lives that medical, and moral decisions that as necessary. I will continue to raise they choose. I also saw how efforts to women, their doctors, and their fami- my voice and make a nuisance of my- strip away these protections are an af- lies want and need to make for them- self as often and as firmly as necessary front to the equal rights and dignity of selves. until this body acts and until the women and their families. The truth is, these laws treat women American people are given back con- For all people, healthcare decisions as fundamentally unequal in their deci- trol of their democracy, their informa- are the most personal. It is your body sion-making capacity, and they are an tion, and their lives. and it is your life, and decisions about insult to women’s individual dignity I yield the floor. reproductive health and sexual health and freedom and body autonomy. The PRESIDING OFFICER. The Sen- are even more personal and intensely I think this is why most Americans ator from Minnesota. private. There is still stigma and dis- disagree with the Republicans’ rush to NOMINATION OF AMY CONEY BARRETT crimination around reproductive roll back Roe. This anti-choice agenda Ms. SMITH. Madam President, I rise health, especially abortion, and that is radically out of step with the Amer- today to tell the people of Minnesota makes it even more important that ican people. In 2019, Pew Research, why I will oppose the confirmation of people have privacy and space and ex- which is a respected nonpartisan poll- Judge Amy Coney Barrett to be an As- cellent care without judgment, which ing organization, found that 61 percent sociate Justice of the U.S. Supreme is what Planned Parenthood provides. of Americans say that abortion should Court. I became aware during my time at be legal in all or most instances. Now, Our Constitution’s most fundamental Planned Parenthood how personal some of my Republican colleagues charge is to render equal justice under these decisions are for women and how must know that they are out of step the law. This promise is so central to the political debate around abortion is with the American people, which must our justice system that those words are disconnected from the facts and the re- be why some have suggested that it is inscribed above the entrance to the alities of women’s lives. ‘‘fearmongering’’ to say that Roe U.S. Supreme Court. The late Justice Here is an example. The battle over might be overturned if Judge Barrett Ruth Bader Ginsburg devoted her life restricting access to abortion has noth- joins the Supreme Court. to advancing the principle of equality ing to do with the public health work So, after promising over and over to under the law, and I believe all nomi- to prevent unintended pregnancies and confirm only anti-choice judges, judges nees to our Nation’s highest Court reduce the abortion rate. Indeed, the who would overturn Roe, they now try must share that dedication. Guttmacher Institute has repeatedly Unfortunately, Judge Barrett does to claim that we can’t possibly predict found that restrictive State abortion not meet that standard. Judge Barrett how Justice Barrett would vote on this laws are not causally associated with was nominated to fulfill President issue. Well, this is completely illogical Trump’s promise to appoint Supreme the decline in abortion rates. In fact, and completely unbelievable, and I Court Justices who would do two fewer unintended pregnancies and think the American people know bet- things which I believe are antithetical lower teen pregnancy rates are cor- ter. to equal justice under the law: disman- related not with restrictive abortion Make no mistake, many conservative tling the Affordable Care Act and over- laws but with access to sexuality edu- State legislatures have already passed turning Roe v. Wade. cation and birth control and also to a laws specifically intended to create the So let’s be clear about what is hap- healthy economy. opportunity for the Supreme Court to pening. We know Judge Barrett was Here is another example. Most re- revisit and overturn Roe, and if Justice nominated because President Trump strictive abortion laws seem to be Barrett goes on the Court and becomes and Republicans believe that she will aimed at a stereotype of an irrespon- the definitive vote to overturn or help them overturn the Affordable Care sible woman who hasn’t been careful weaken Roe, 22 States are poised to im- Act and take us back to the days when and somehow got herself into a mess. mediately ban all or nearly all abor- millions more Americans do not have First of all, this is a sexist and dis- tions. There are 16 others that will im- health insurance and insurance compa- respectful trope. Research shows that mediately enact severe restrictions to nies can deny coverage or charge exor- women from all walks of life seek abor- dramatically reduce access, and more bitant rates to people with preexisting tion care. Over half are already moth- States are sure to follow. conditions, like cancer or heart dis- ers. Over 80 percent report using con- If the Supreme Court overturns Roe, ease. They could charge women more traception. And over half report a reli- who is hurt most? Poor women, women and seniors more, and they would be gious affiliation. These women all have living in rural communities, and able to charge more to people with their own unique circumstances and women without the means to travel to COVID as a preexisting condition. needs and beliefs. What they have in places where women’s rights are re- As we know, Judge Barrett was nomi- common is that they deserve the dig- spected, and this is the definition of nated because Donald Trump believes nity and respect to make their own unequal justice. she will uphold laws that treat women judgments about what is best for them This Supreme Court nominee will as less capable of making independent and their families in the course of their have a momentous effect on the lives decisions about their health, their per- own lives. and personal decisions of Minnesotans sonal beliefs, and birth control than What I saw at Planned Parenthood and Americans. There is so much at State legislatures. were women, our patients, who were stake. A person who can pass these two Re- working really hard to make good deci- So I urge all Americans to make your publican litmus tests does not sound sions about their own health, and they voices heard and to hold your elected like someone to me who is committed wanted to take charge of their health representatives accountable in Con- to equal justice under the law. and their lives. But this is really dif- gress, in the State house, and in local

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.104 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6360 CONGRESSIONAL RECORD — SENATE October 21, 2020 governments. Your voices are powerful, These life and work experiences when I was originally sworn in as a but only if you use them. served as the foundation, really, for his Senator. I will always stand up for all Ameri- time in Congress, where he would rep- I note that Senator CRAMER is pre- cans to have equal justice and oppor- resent North Dakota for nearly 24 siding, as I mentioned in my remarks, tunity to live the lives that you years—24 years of service in Congress— and I know how he knew and liked choose, and that is why I oppose this in the House and, of course, in this Mark and how much they worked to- nomination. I urge my colleagues to body. In 1963, he was elected to the U.S. gether. The Presiding Officer had a lot join me in opposing the confirmation House of Representatives during a spe- of wonderful shared history with him. of Justice Barrett. cial election, and he served in the So, at this time, I will yield the floor I yield the floor. House until 1981. and exchange positions with the Pre- The PRESIDING OFFICER (Mr. On January 3, 1981, he was sworn in siding Officer so that he can speak on CRAMER). The senior Senator from as a U.S. Senator from North Dakota, behalf of our friend and colleague Sen- North Dakota. serving until January 3, 1987. During ator Mark Andrews. REMEMBERING MARK ANDREWS his time in the Senate, Mark was a With that, I yield the floor. Mr. HOEVEN. Mr. President, I rise tireless advocate for men and women in The PRESIDING OFFICER (Mr. today to honor former U.S. Senator uniform and understood the impor- HOEVEN). The Senator from North Da- from North Dakota, Mark Andrews, tance of a strong national defense. kota. who passed away earlier this month at Again, the Presiding Officer and I fol- Mr. CRAMER. Thank you, Mr. Presi- the age of 94. low in that legacy, with the Presiding dent, for the recognition, and thank Mark was a good friend, a strong Officer on Armed Services and my serv- you also for your excellent tribute to leader, and a dedicated public servant. ice on Defense Appropriations. Mark Senator Mark Andrews and his amaz- It is appropriate that we take this time was always very, very committed to ing life of service to North Dakota and to remember his life and his accom- our military and did a great job sup- to our country. Also, thank you for plishments. porting not only the military in North switching places with me for a few He was a lifelong North Dakotan, Dakota but for our Nation as well. minutes so I can spend some time re- only moving away for 2 years while at- As a farmer himself, he will be re- membering my friend and mentor and tending the U.S. Military Academy at membered for his hard work on behalf our predecessor. West Point. After completing his edu- of agriculture. You couldn’t talk to This COVID thing really kind of cation at North Dakota State Univer- Mark without agriculture coming up in stinks, all in all. There are lots of sity—home of the Bison—Mark went to some way, shape, or form. Even if you things about COVID–19 that are awful, work and operated the family farm in weren’t talking about agriculture, the but one of the biggest things is so the Red River Valley, as both his fa- analogies that he used and his words often, many people have been robbed of ther and his grandfather had before and verbiage always had that agrarian the opportunity to provide an appro- him. So it shows you how long his fam- aspect to them. It was imbued, really, priate sendoff to a hero, to the heroes ily has been on that land, and it is in his personality. He always worked whose lives are worthy of a more noble truly—I know the Presiding Officer has very hard on behalf of ag. His efforts to celebration than what social distancing been there—a beautiful farm. It is some help producers through the tough and small crowds offer. As former Grand Forks Herald editor, of the best farmland, really, in the times, the downturns, and the chal- publisher, and sometimes political country, in the world, and in the Red lenges that he had in farm country commentator and observer, Mike Ja- River Valley. were very, very important. Of course, cobs wrote in the Grand Forks Herald: As a farmer, he raised a variety of he understood it very well. He was a ‘‘Mark Andrews deserves better.’’ crops. He operated a cattle feeding lot, lifelong farmer. I mean, he knew it and I ask unanimous consent to have the and he contributed to various agricul- he lived it, so he understood what he Jacobs story printed in the RECORD, tural organizations. He was very in- needed to do to help our great farmers along with the official obituaries of volved with those organizations. and ranchers across this country. both Mark and Mary Andrews. In addition, he served as the director Senator Andrews’ legacy also in- There being no objection, the mate- of the Garrison Conservancy District cluded strong support of Tribal com- rial was ordered to be printed in the from 1955 to 1964. I remember that. My munities, and he served as the chair- RECORD, as follows: father and Mark Andrews were very man of the Senate Committee on In- OBITUARY FOR MARY ANDREWS good friends. My dad liked Mark very dian Affairs. I am now very honored to much and respected him very much. hold that same position. Mary Andrews was born February 10, 1927 They shared that vision for the Garri- in Marshall, Missouri. She died peacefully on Throughout his years of service, Sen- July 16, 2020 surrounded by family and son Conservancy project, the Garrison ator Andrews demonstrated dedication friends, including her best friend and hus- Diversion. They really had this vision to the people of North Dakota and an band of seventy-one years, Mark Andrews. of irrigating hundreds of thousands of absolute commitment to do all he Mary was the only child and the light of acres, if not millions of acres of land in could for our State and, of course, for the lives of George and Lucille Willming. North Dakota. our Nation as well. We are deeply They moved to Fargo in 1940 when Mary was You know, my dad shared that dream grateful for his work, and we remain in seventh grade. The Willmings attended Mark had that that would just benefit deeply grateful for all the contribu- Gethsemane Cathedral on Ninth Street agriculture so much across North Da- South and so did Mark Andrews’ family. tions that he made through his service Their friendship began there when the two kota in a big, big way. It really was an for our State. (neither of great voice) were asked to fill amazing vision and would have been re- At the same time, he was joined by chairs in the choir. markable had they been able to com- his best friend and wife Mary in build- Mary joined a wonderful potluck in high- plete it. Mark Andrews, for the rest of ing this legacy. She, too, passed away school and gained lifelong friendships there. his life, was truly just committed to earlier this year. So on behalf of myself She went on to graduate with a degree from that project. He always shared that vi- and my wife Mikey, we extend our Smith College in political science. Mark sion of Garrison Diversion. I agreed. deepest condolences to the Andrews often commented that his political success was all due to Mary. They were a great From the time I was a young boy, I can family, to all their loved ones, and to team—both loved serving the people of North remember my father describing it and their friends. Dakota. describing Mark’s leadership and just Along with the Presiding Officer, I Mary was active in PEO, Homemakers, her what a wonderful thing it would be and am introducing a resolution recog- church, The International Club, and she was would have been for the State of North nizing and honoring Senator Andrews’ president of Junior League and President of Dakota. So I will always remember public service, which we expect will the Congressional Club. She was blessed with that very vividly, as I know the Pre- soon pass the Senate. I know col- many wonderful friends. Mary married her best friend, Mark, on siding Officer does as well. Mark An- leagues here remember Mark very, June 28, 1949. Mark and Mary were able to be drews was also president of the North very fondly. As a matter of fact, when together to celebrate their 71st wedding an- Dakota Crop Improvement and Seed I was first sworn in, Mark came down niversary a little less than three weeks be- Association as well. and joined me and was there with me fore Mary’s death.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.105 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6361 Mary was a wonderful mother to Mark III ful consulting firm based in Washington, DC; Of course, the more conservative Repub- (Sue), Sarah (Doug Herman), and Karen. he served as a director of Tenneco, Inc. and licans haven’t given up. The state’s politics Mary was a loving grandmother and great- as a director of Nodak Mutual Insurance. today are animated by the same sort of con- grandmother to: Mark Andrews IV; Katie Mark was blessed with a long and wonder- flict within the Republican Party, though and Aaron Locke and their children: Lucy ful life. He was so large at 6′4″ and full of sto- without the hysterical anti-communism of and Staton; Matt and Poli Herman and their ries and love for his family, his farm and his the Sixties. children: Henry and Caroline; Sam and Mia state that it is hard to believe he can be Andrews won the election and immediately Herman and son: Gage; and Joe and Kristin gone. Our sadness is tempered by our knowl- built a reputation as an independent thinker. Herman. edge that he is once again with his best A Republican to be sure, Andrews didn’t Mary and her family were blessed by many friend of eighty-one years and at peace. hesitate to take on the party establishment, excellent caregivers, including: Bethany at Those blessed to mourn Mark are his sis- and even the president. He indicated that 42nd and Gracepoint, Ethos Hospice, and es- ter, Barbara Bertel; his children, Mark III he’d vote to impeach Richard Nixon, for ex- pecially Missy and Elaina. (Sue), Sarah (Doug Herman) and Karen; ample, and he frequently challenged Ronald grand and great-grandchildren: Mark An- Reagan’s economic and agricultural policies, OBITUARY FOR MARK ANDREWS II drews IV, Katie and Aaron Locke and their a posture that drew national attention not children, Lucy and Staton; Matt and Poli to Andrews alone but to North Dakota’s Mark Andrews II was born May 19, 1926, in Herman and their children, Henry and Caro- once-vaunted exceptionalism in national pol- Fargo, North Dakota. He died on October 3, line; Sam and Mia Herman and son, Gage and itics—a heritage that Andrews understood 2020. He was 94. Joe and Kristin Herman. and appreciated. Mark II was the son of his namesake, Mark Mark and his family were blessed by his As congressman and senator, Andrews Andrews I, also known as the singing sheriff excellent caregivers, especially Missy Wil- proved adept at promoting the state’s inter- because he sang with the Metropolitan Opera liams, Elaina McDonald and Allison Brocht. ests, notably championing the kind of farm in New York before returning to the family programs that Reagan’s market orientation farm near Mapleton, North Dakota and [From the Grand Forks Herald, Oct. 14, 2020] rejected. He’s probably best remembered for meeting and marrying Mark II’s mother, Lil- MIKE JACOBS: SIC TRANSIT GLORIA MUNDI his work to promote the Garrison Diversion lian Hoyler, a Kindergarten teacher from Es- (Written by Mike Jacobs) project, which would have moved water from canaba, Michigan. As a young boy, Mark II Mark Andrews deserved better. He was a the Missouri River to central and eastern lived in the Sheriff’s house, a large brown- prominent and sometimes commanding fig- North Dakota. stone behind the Cass County Courthouse in ure in North Dakota politics for a quarter of This issue dominated the state’s politics Fargo. a century, the victor in a titanic struggle for from the mid-Sixties when Andrews arrived Mark’s life abruptly changed when his fa- control of the Republican Party in the in Washington. Unlike other state politi- ther was seriously injured during a high state—the dominant party then as now. In cians, Andrews sensed that the project speed chase of boot leggers and then died. the end, he was an independent voice, as crit- wouldn’t survive scrutiny, and he worked to Young Mark was twelve when he and his ical of Republicans when they deserved it as salvage what he could of the plan. His efforts mother and sister moved to the Siegel Apart- he was of Democrats when he campaigned met hostility from water development inter- ments in Fargo. Fortunately although they ests in the state, who came to regard An- against them. All told, he served for 17 years had very little, his mother always made her drews as a kind of traitor. in the U.S. House of Representatives and six children feel secure. They might have provided enough votes to in the U.S. Senate. He lost the Senate seat in In 1939 Mark was in 8th grade at Agassiz defeat him when he sought re-election to the a close election in 1986. U.S. Senate in 1986. That’s impossible to Junior High when he met his best friend, Andrews died Saturday, Oct. 3. He was 94 know for sure, of course; there were other Mary Willming. They married on June 29, years old. His death wasn’t reported until issues of significance in that election, as 1949, and celebrated their 71st wedding anni- the following Tuesday, Oct. 6, and then ap- Richard Fenno’s book, ‘‘When Incumbency versary (81 years of friendship) less than parently because a funeral home routinely three weeks before Mary’s death on July 16, Fails,’’ illustrates in some detail. submitted an obituary. Apart from politics, Andrews had personal 2020. Andrews deserved a bigger sendoff. Thirty- appeal. Perhaps the best illustration is his Mark served in the United States Army four years away from the limelight don’t di- marriage. He’d known his wife, Mary An- 1944–1946 as a cadet at the United States minish his impact or his importance. drews, most of his life, and she became an in- Military Academy, West Point, New York, At just 36 years old, Andrews was a prodigy tegral part of his campaigns. Andrews until receiving a disability discharge in 1946. with a pedigree when he first came to promi- bought time on Election Eve each year for He then returned to North Dakota and at- nence as the Republican candidate for gov- what became known as ‘‘The Mark and Mary tended NDSU where he was proud to be a ernor in 1962. Like many of the state’s gov- Show,’’ where the two of them talked about Sigma Chi and graduated in 1949. He married ernors, he had deep roots in the Red River matters pending. Mary Andrews appeared on his best friend and took over management of Valley. His family had farmed near their last show, on Election Eve 1986, when the family farm, eventually purchasing the Mapleton, just west of Fargo, for two genera- she was seriously ill. Her illness and its land and operating a cattle feed lot. tions, and his father had been sheriff of Cass treatment had become an issue in the cam- Mark served as a director of the Garrison County, then as now the state’s most popu- paign. Conservancy District 1955–1964 and was a lous and most powerful. Mary Andrews died in July 2020, just member and past president of the North Da- Andrews lost that first election to William months before her husband’s passing. kota Crop Improvement Association. Guy, who was a bit older, though still youth- Mark Andrews’ own life can be parsed Mark’s degree from NDSU was in agricul- ful, and who ran as the candidate of the neatly: roughly 36 years before his promi- tural science. Mary’s degree from Smith Col- emergent Democratic-NPL Party. For new- nence in the state’s politics, 23 years as a lege was in political science. Soon politics comers and neophytes, those last three let- prominent player, and another 36 years, al- became an interest. Mark was a Republican ters stand for Nonpartisan League, an insur- most, out of the spotlight—so much so that National Committeeman 1958–1962. He was gent movement that brought North Dakota a his passing went unnoticed for 72 hours. elected to the Eighty-Eighth United States state-owned bank and mill and elevator. The Sic transit gloria mundi. So goes worldly Congress by special election October 22, 1963 NPL historically filed its candidates mostly glory. to fill the vacancy caused by the death of in the Republican column; the switch to the For clarity’s sake: The State Board of Representative Hjalmar Nygaard; he was re- Democrats occurred in 1956. This was a trem- Higher Education has eight voting members, elected to eight succeeding congresses serv- or in the seismic change that swept over the seven citizens appointed by the governor who ing North Dakota in the United States House state. Having dominated the state’s politics serve four years, and one student who serves of Representatives from October 22, 1963 for half a century, William Langer, known as but one year. Faculty and staff each have until January 3, 1981. He was elected to the ‘‘Wild Bill,’’ died in 1959. He’d been succes- non-voting representatives to the board. United States Senate in November 1980 with sively—though not without interruption—at- Measure 1 on the November ballot would 70% of the vote and served North Dakota torney general, governor and U.S. senator. double the number of citizen members. there from January 3, 1981 to January 3, 1987. The special election for a successor sent a Mr. CRAMER. We are confined to Mark worked hard to serve his state in Democrat to the U.S. Senate, Quentin Bur- Congress and was remarkably adept at find- dick. watching funerals on the internet, ing and forming alliances to accomplish good The great opportunity for young Andrews leaving us with a sense that our expres- and get problems solved. He frequently said, came in 1963, when U.S. Rep. Hjalmar sions of gratitude and emotions are in- ‘‘You know in those days people from both Nygaard died of a heart attack in the capitol adequate to the honor that is deserved. parties worked together and we got things building. North Dakota was divided into But fortunately for the Presiding Offi- done—Quentin Burdick was a good Democrat East and West congressional districts then, cer and me, the U.S. Senate does pro- and I was a good Republican but we were and the contest for the Republican endorse- vide an opportunity, a venue, and an good friends and we worked together for ment for the East District seat was spirited, North Dakota. This not working together is pitting the youthful Andrews against a coali- appropriate way to say goodbye to a foolishness!’’ tion of conservatives led by John W. Scott of friend and a mentor that is commensu- Following his political career Mark and Gilby, a founder of the John Birch Society. rate with the incredible quality of the Jacqueline Balk-Tusa established a success- Andrews, the liberal, won. life that we celebrate.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.075 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6362 CONGRESSIONAL RECORD — SENATE October 21, 2020 Senator Andrews was a giant to me Mark—and he and I did a lot in the last [From the New York Times, Oct. 7, 2020] for lots of reasons, not just because he several years—knows that no computer MARK ANDREWS, NORTH DAKOTA FARMER- was 6 feet 4 inches. But from growing hard drive in the world contains as POLITICIAN, DIES AT 94 up in Kindred, just about 20 miles much knowledge and information (By Robert D. McFadden) south of the Andrews farm just outside about water policy as Mark Andrews Mark Andrews, a North Dakota Republican of the city village of Mapleton at the had in his brain, even to the end. Of the farmer whose strident support for farmers time, to working on his reelection cam- 90 minutes we talked last year, I am helped him win nine elections to the House paign—the first real job I ever had out sure 60 of them were spent talking of Representatives and one to the Senate, of college—to seeking his guidance as I about water policy and water politics. but who could not stave off defeat for a sec- ond Senate term in 1986, died on Saturday in followed in his footsteps, first in the He was passionate about the accom- House of Representatives and then to Fargo, N.D. He was 94. plishments, as the Presiding Officer The Hanson Runsvold Funeral Home in the Senate, Mark Andrews was always said, and the shortcomings of the gov- Fargo confirmed the death on its website. a larger-than-life figure and person- ernment’s promise to distribute Mis- As his 23-year congressional career drew to ality to me. souri River water to the farms and a close, The New York Times said Mr. An- Kris and I were grateful for the coun- communities of Eastern North Dakota. drews had kept ‘‘three items at the top of his sel he and Mary gave us my first year priority list: farmers, farmers and farmers.’’ in this Chamber just last year. I am He fought and advocated for water jus- Tall (6 foot 4), plain-spoken and rawboned, really grateful to Mark and Mary’s tice for our farmers, and I think of him Mr. Andrews raised wheat, sugar beets and daughter, Sarah, for facilitating a visit often as we engage in the very same corn for 13 years before venturing into public for Kris and me to come see her par- fights today. He was also a strong, life. He was the third generation in his fam- ily to work a 1,280-acre Red River Valley ents just last year. This picture will be strong critic of government waste. You are right that he supported our spread that had been started by his grand- important to me forever. It was an father, Albion Andrews, in the Dakota Terri- emotional time for me. I don’t mind military fiercely. There was a famous tory of 1881, eight years before North Dakota telling you that it was emotional for story about when he opposed the sale became a state. me to be able to go see Mark at the age of AWACS to Saudi Arabia on behalf of His father, also named Mark Andrews, was of 93 and Mary at the age of 92 and say our ally Israel, and it took a lot of, born on the farm in 1886 and became an thank you for the opportunities and for shall we say, gentle persuasion to con- opera-singing farmer-politician who gave the grace he afforded me when I didn’t vince him otherwise. concerts in Fargo and in New York and sang for the voters in his successful 1928 campaign deserve it. He always looked out for the tax- for Cass County sheriff. He served one four- I mean no disrespect to any of my payer. He cared more about the tax- year term, went back to farming and died colleagues today, but what made me payer than the tax spender. He dem- after being injured in a car accident. the most emotional when I walked into onstrated his commitment to fiscal re- ‘‘They called him the singing sheriff,’’ Mr. Mark’s apartment and saw him sitting straint when he took on the Depart- Andrews recalled in an interview for this in that recliner was that it hit me for ment of Defense in 1983, sponsoring a obituary in 2018. ‘‘People used to say to me, the first time in a new way that the bill requiring defense contractors to ‘Well, you’re the son of the singing sheriff,’ and ask me to sing. But I couldn’t carry a people of North Dakota had given me a guarantee their hardware. The bill responsibility that, at that time, as I tune in a bushel basket.’’ passed and became law. He was also With an easygoing warmth that appealed looked at my giant, I didn’t feel quite critical of what he called the ‘‘inces- to rural voters, he began his political career up to. There it was, with this job that tuous relationship’’ between the offi- in 1963 by winning a special election after he had and this giant from my youth cers who made the weapons purchase the state’s lone member of the House of Rep- who did big things, I suddenly felt, by decisions and the contractors who em- resentatives died in office. In 17 years in the comparison, quite small. But, as Mark ployed the officers after they retired. House, Mr. Andrews was a fiscal conserv- often did, he encouraged me. He offered ative, favoring spending cuts and balanced But, as the Presiding Officer pointed a word of encouragement—many of budgets, and a faithful backer of agricultural out in his remarks, Mark Andrews was them. Likewise, Mary did the same. At subsidies and farm price supports. His re- first and foremost a farmer. Don’t take the age of 92, she offered Kris encour- election became routine. our word for it. It is not just a couple But there was another side to Mr. Andrews, agement that only another Senate of hayseeds from North Dakota who and it said much about his constituents’ tol- spouse really had the credibility to erance. He had a moderate-to-liberal voting offer. will make that claim. No, just look at the headlines surrounding his recent record on social issues, supporting food I was overwhelmed by the blessing of stamps and assistance to the poor and oppos- the moment. I was grateful beyond death. ing bans on abortion and prayers in public words for the opportunity to spend The New York Times, in an obituary schools. He once endorsed Nelson A. Rocke- even 90 minutes with Fargo’s most im- written by Robert McFadden, carries feller, New York’s liberal Republican gov- portant power couple. It was pretty the headline ‘‘Mark Andrews, North ernor, for president. cool. Dakota Farmer-Politician, Dies at 94.’’ In a gentler era when politics was less of a Mark and Mary celebrated their 71st Did you catch that? Farmer first, the blood sport, he liked Ike and L.B.J.—Presi- dents Dwight D. Eisenhower, a Republican, wedding anniversary just prior to her dash of life, and politician last. and Lyndon B. Johnson, a Democrat. And he death earlier this year, as the Pre- McFadden writes this in his story: befriended liberal Democrats like Senator siding Officer mentioned. They met As his 23-year congressional career drew to Edward M. Kennedy of Massachusetts and while attending Agassiz Junior High in a close, The New York Times said Mr. An- Representative Bob Bergland of Minnesota, Fargo in 1939; then they became best drews kept ‘‘three items at the top of his pri- who later became President Jimmy Carter’s friends for life. It is pretty cool. Pretty ority list:’’— secretary of agriculture. cool. I love that Mary Andrews was her ‘‘Sure, he was a Democrat, and I was a Re- husband’s not-so-secret weapon in all A lot like you, I might say to the publican,’’ Mr. Andrews told Inforum.com, Presiding Officer— The Fargo Forum news website, in 2017, re- of his successful campaigns. ferring to Mr. Bergland. ‘‘He would come to As the Presiding Officer said, Mark ‘‘farmers, farmers and farmers.’’ North Dakota and talk about his good friend served a total of 23 years in Congress— The headline for a story written by Mark Andrews, and I’d go to Minnesota and 17 in the House of Representatives and Mikkel Pates in Agweek—a friend of talk about my good friend Bob Bergland, be- 6 here in the Senate. His hallmark was ours, a reporter; actually, an agricul- cause we really were good friends despite our his fierce independence. Now, that political differences.’’ tural reporter—he described Senator fierce independence sometimes was to The voters did not mind. In 1980, when Andrews’ legacy: ‘‘Andrews was a polit- the chagrin of the Reagan administra- North Dakota’s long-serving Republican sen- ical ‘laser beam’ for farm interests.’’ tion. He served during a very, very dif- ator, Milton Young, retired, Mr. Andrews ficult time in farm country, but he I ask unanimous consent to have jumped into the race and won the seat with 70 percent of the votes, part of a swing to Re- fought tirelessly with the government both the Agweek and the New York Times stories printed in the RECORD. publican control of the Senate for the first on behalf of the people. He always put time in decades. He began making national the people ahead of the government. There being no objection, the mate- headlines. As the Presiding Officer mentioned, rial was ordered to be printed in the In 1981, as debate swirled over the Reagan anyone who spent any time with RECORD, as follows: administration’s proposed sale of Awacs

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.113 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6363 (Airborne Warning and Control System) [From AGWEEK, Oct. 15, 2020] and strong increases in allocations to the planes to Saudi Arabia, Mr. Andrews joined ANDREWS WAS A POLITICAL ‘LASER BEAM’ FOR Farmers Home Administration loan alloca- liberal Democrats in opposing the sale as a FARM INTERESTS tions. The help didn’t come quickly enough for some farmers. peril to Israel. But after meeting with a per- (By Mikkel Pates) suasive President Ronald Reagan, he and Randy Russell, principal in the The Russell four other senators switched sides, providing MAPLETON, N.D.—Former U.S. Sen. Mark Group Inc., one of today’s top Washington, the margin to approve the arms sale, the big- Andrews, R–N.D., who died at age 94 on Oct D.C., lobbying firms, was chief of staff to gest in the nation’s history. 3, 2020, had an outsized impact and intimate then-Secretary of Agriculture John Block knowledge of the region’s agricultural indus- for the 1985 farm bill, and was a deputy as- Senator Andrews took on the Defense De- try—both in Washington, D.C., and back partment in 1983 by sponsoring what became sistant USDA secretary of economics. Rus- home. sell noted that agriculture faces its chal- a law—backed by a bipartisan coalition in His agricultural roots ran deeper than the Congress—that required makers of military lenges today, but not like the 1980s when state itself. asset values declined by 25%. People simply weapons to guarantee their hardware. He Officially, he was Mark Andrews II. His criticized ‘‘incestuous relationships’’ be- couldn’t repay loans. grandparents were from New York state and ‘‘He was a force to be reckoned with. He tween military officers who bought weapons were Michigan-trained medical doctors who was tough,’’ Russell recalled, of Andrews. and defense contractors who often hired the moved to Dakota Territory in the late 1870s, ‘‘He was a fierce advocate for rural develop- officers in retirement. prior to statehood in 1889. The Andrewses ment and sugar. He focused like a laser beam And in 1985, as a crisis loomed over the bought some farmland near Mapleton, N.D., on things that he wanted.’’ farm economy, he took on the Reagan White and established a farm. Andrews lost his seat in 1986 in a close House, writing a bill to stabilize farm in- Later, Andrews’ father, Mark I, and uncle election with Sen. Kent Conrad, D–N.D., de- comes by subsidizing commodity prices at Arlo farmed it in a partnership. Mark I was spite bringing in President Ronald Reagan steady levels over several years. trained as an opera singer and sang in the and Senate Majority Leader Robert Dole, R– Reagan opposed the measure as a budget- Metropolitan Opera in New York. He was Kan. Pundits speculated some voters were buster, arguing that subsidies encouraged dubbed the ‘‘singing sheriff’ and died from looking for different leadership. Others said surplus production and depressed markets. injuries in an auto chase with a perpetrator. Andrews hurt himself politically when his But he signed the measure anyway, hoping Mark II was 12. family sued St. Luke’s Hospital in Fargo, for that rising commodity exports might even- FARMING, POLITICS $10 million, alleging medical malpractice in tually wean farmers from costly price sup- Mark II grew up in Fargo and was active in Mary’s meningitis case. The Andrews family ports. Boy Scouts and Republican politics, said his won the suit in June 1984 but received no fi- As Senator Andrews ran for re-election in daughter, Sarah Andrews Herman. He start- nancial damages. 1986, Republican anxiety ran high across the ed West Point, but resigned because of a After his children were grown, the Mark Farm Belt, where a devastating combination back injury, and took up agriculture at what and Mary Andrews lived in the famed Water- of falling land values, slumping market is now North Dakota State University. In gate Hotel in Washington, D.C., but his heart prices, high interest rates and dwindling ex- 1948 he married his wife, Mary, a political was on the farm, where the Hermans now ports had driven thousands of once-pros- science graduate of Smith College in Massa- live, retired from legal careers. perous farm families off their land and in- chusetts, where Nancy Reagan, Gloria PROGRESSIVE FARMERS flicted economic pain on small towns. Steinem and Barbara Pierce Bush had grad- The Andrews family were progressive farm- Trying to preserve Republican control of uated. ers. In the past, they’d fed cattle and raised the Senate, Reagan campaigned in North Da- The Andrewses moved on the farm in 1949. sugar beets before and after American Crys- kota three times for Mr. Andrews. But the With Mary at his side, in 1960 he ran unsuc- tal Sugar Co. became a cooperative. They dismal farm economy counted for more than cessfully for governor against Bill Guy, an built a grain elevator and were growers of the president’s charisma. On Election Day, Amenia farmer and agricultural economist. certified seeds. In the later years, their crops Mr. Andrews lost by 3,785 votes, out of 182,600 It was the first year John F. Kennedy was were primarily com, soybeans and wheat. cast, to the Democrat Kent Conrad, the state elected president and the first year of the For many years, the senator’s son, Mark tax commissioner. South Dakota’s Repub- Democratic-Nonpartisan League party in III, ran the operation until the land was lican Senator, James Abdnor, also lost. (Mr. North Dakota. rented out about five years ago. At its apex, Conrad would have a long career in the Sen- Standing 6-foot-4, Mark II went on to win the farm grew to 5,000 acres, including 3,000 ate, retiring in 2013.) a House seat in a special election in 1963. He owned acres. They raised com, soybeans and became a member of the Appropriations wheat. ‘‘The farmers were saying they were not As the worldwide farm crisis deepened in happy with the president’s farm policies,’’ Committee, and served as the chairman of the agricultural subcommittee, working 1986, Steiger went into Chapter 11 bank- Mr. Andrews’ campaign manager, Bill ruptcy reorganization and emerged by sell- Sorenson, said in a day-after analysis. ‘‘Yet with two North Dakota U.S. senators—Milt Young, a Republican, and Quentin Burdick, a ing to J.I. Case, which since the 1970s had they were saying this president is a great fel- owned half of J.I. Case. (In 1984 Case had ac- low, and they took their resentment of his Democrat. Bob Christman, a former agricultural aide quired International Harvester assets, even- policies out on senators.’’ to Young (often dubbed ‘‘Mr. Wheat’’) re- tually marketed as Case-IH.) Mark Andrews II was born in Fargo on May called that Andrews was always a ‘‘spokes- Mark III said his father had used John 19, 1926, to Mark and Lillian (Hoyler) An- man for, fought for agriculture.’’ Andrews Deere equipment, but also liked Steiger trac- drews, a former kindergarten teacher from was known for cross-party alliances, includ- tors, developed in the Red River Valley and Michigan. He graduated from Fargo Central ing with Burdick. manufactured in Fargo—high horsepower, High School in 1943. After a year at North In 1980 Andrews won the Senate seat with four-wheel-drives with an oscillating, articu- Dakota Agricultural College (now North Da- 70% of the vote. Mary Ann Bond of Fargo, an lated design. Sometimes company engineers kota State University), he attended the aide to Andrews from 1964 to 1983 in the would test their prototypes on his farm— United States Military Academy at West House and Senate, said Andrews was an ad- only about 15 miles from the factory. Point for two years, leaving on a disability vocate of sugar policies, but worked on other In the 1990s, Mark III surprised his dad discharge, his family said, then returned to projects, including with then-University of when he bought a Case-IH tractor and set of North Dakota Agricultural and graduated in North Dakota President Tom Clifford in es- grain drills from Jim Williams, who ran Ar- 1949. tablishing UND as an aviation education thur (N.D.) Mercantile, the oldest one-family In 1949, he married Mary Willming, whom leader, which later paved the way for the farm equipment company in the state. He re- he had known since eighth grade. She died in state’s leadership in drone technology. members his father—flying in from Wash- July. He is survived by a son, Mark III; and ‘‘Agriculture is what we worked on every ington—wondering ‘‘what the hell I’d done.’’ two daughters, Sarah Herman and Karen An- day,’’ Bond said. ‘‘It was the one area he But, in fact, the Andrewses had purchased drews; and a sister, Barbara Bertel; as well wasn’t willing to compromise on.’’ Case equipment from the Williams family in as grandchildren and great-grandchildren. earlier decades, so they shifted almost en- ‘A LASER BEAM’ tirely to Case-IH. (Arthur Mercantile merged After his political career, Mr. Andrews be- Clare Carlson, today’s state director of the into Titan Machinery of Fargo in 2009 and came a Washington lobbyist and consultant. USDA’s Rural Development agency in the Williams went on the board of Titan, the In 1995, he retired to his farm, in Mapleton, Trump administration, worked for Andrews largest string of Case-IH stores in the coun- N.D., which had grown to 3,000 acres. In re- as an ag aide in the Senate as he contributed try.) cent years he had resided at Bethany Retire- to the 1985 farm bill, at the height of the Out of the Senate in January 1987, Andrews ment Living at Grace Pointe in Fargo. farm credit crisis. started a political consulting company in Mr. Andrews called 1980 the high point of ‘‘He was the master of staying on the out- Washington. He connected with Jim his political life. ‘‘It was the year I was side of a deal until he was needed,’’ Carlson Ketelson, Tenneco’s CEO, who invited him to elected to the Senate,’’ he said in the Times recalled. run for the parent company’s board of direc- interview ‘‘and in North Dakota I outpolled Carlson said the 1985 bill offered benefits to tors. the head of the Republican ticket, Ronald the farm economy—including the Conserva- Tenneco’s sold its ag interests to Fiat in Reagan.’’ tion Reserve Program land-idling program 1999, which later merged the company with

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.090 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6364 CONGRESSIONAL RECORD — SENATE October 21, 2020 New Holland Agriculture to form CNH Glob- Congress needs to provide assistance rials and PPE, and take other steps to al. Andrews stayed on at Tenneco until 2001. for our hospitals and healthcare pro- ensure that our Nation’s seniors are Howard Dahl, chief executive of Amity viders, especially nursing homes and kept safe. Technology in Fargo, whose father, Gene, We also need much more funding to had been chairman of the board at Steiger long-term care facilities, which ac- Tractor, said Andrews had a ‘‘positive role, count for 81 percent of COVID–19 support testing. The Heroes Act pro- after the Tenneco acquisition, for keeping deaths in New Hampshire. That is the vided $75 billion for a national testing Steiger jobs in Fargo.’’ The company would highest percentage in the country. and contact tracing plan. Leader go on to add construction wheel-loaders to We should also provide additional MCCONNELL’s bill would only provide a its Fargo production line, adding to its sta- support for childcare centers and fraction of that amount. bility. schools that are working to safely re- It is pretty simple. We are not going In the late 1980s and early 1990s, the Case- open and operate during the fall term, to get ahead of this pandemic and help IH developed a ‘‘Quadtrac’’ tractor with four tracks to replace four wheels. Mark III said and we shouldn’t condition those edu- our economy recover if we fail to make his father was a big fan of four tracks offer- cation dollars on whether a school is investments in testing and contact ing particular turning capabilities and trac- physically open, as Republicans have tracing and if we leave our healthcare tion in Red River Valley heavy soils that had repeatedly proposed. That decision providers in a financial hole. These in- turned wetter after 1993. should be made by State and local offi- vestments are key to getting life back Titan CEO David Meyer said Andrews was cials, and it should be based on safety. to some semblance of normal. a ‘‘gentleman’’ and big proponent of the We also need to support our local We also need to provide more funding Quadtrac. The Quadtrac went into produc- communities so they can continue to to support our ongoing fight against tion as a 360 horsepower tractor in 1996. Today there are eight models from 370 to 628 pay our first responders, firefighters, the opioid epidemic. In New Hamp- horsepower, including the 470, featured on a police, and teachers. Under no cir- shire, we have seen that epidemic exac- pedestal at the company’s factory in Fargo. cumstances should our communities erbated by the pandemic, and we are Mr. CRAMER. ‘‘Farmer,’’ ‘‘fiercely have to cut essential services and beginning to see overdoses go up again. independent,’’ ‘‘fiscal hawk’’—all of the frontline workers. The McConnell skinny bill provides good things the Presiding Officer said After months of inaction, Leader no financial help for families strug- about him—they describe a part of Sen- MCCONNELL has forced the Senate to gling to pay the bills and put food on ator Mark Andrews, but to me, he is vote twice on a partisan package that the table and no funding for State and still a giant. was written in his office without any local governments that are facing mas- At his funeral, the Gospel text that bipartisan input. Not surprisingly, that sive revenue shortfalls due to COVID– was read was from an agrarian parable package doesn’t even come close to ad- 19. in Matthew 13—a very familiar one to dressing the public health and eco- The State of New Hampshire is facing most people—where Jesus talks about nomic issues that our country is fac- a budget shortfall of nearly $540 mil- the teeny mustard seed. In verse 32, He ing. We need to provide more financial lion, about 20 percent of our State rev- is recorded as saying: ‘‘Though it is the support to hospitals, long-term care fa- enues. The Republican proposal would smallest of all seeds, yet when it cilities, and other healthcare providers provide no assistance, forcing local grows, it is the largest of garden plants that are struggling on the frontlines of governments to make very difficult and becomes a tree so that birds can our fight against this pandemic. choices about cutting essential serv- come and perch in its branches.’’ Senator MCCONNELL’s skinny bill ices, including whether to lay off Mark Andrews was a really big tree does not provide any money for grants teachers, firefighters, and police offi- with really big roots into the soil of to healthcare providers. That is zero cers or reduce trash collection and the Red River Valley of North Dakota. dollars for our Nation’s hospitals, even other essential services. I felt as though I had found a perch on though hospitals like the Lakes Region And the Republican bill includes his branches and stand on his shoul- General Hospital in New Hampshire nothing to address broadband needs, ders. just filed bankruptcy this week and depriving communities from making Mark and Mary also died with the hospitals across New Hampshire are improvements in telehealth and re- Gospel promise that Christ has pre- projecting hundreds of millions of dol- mote learning. pared a mansion for them in Heaven. I lars in losses this year due to the And it doesn’t do nearly enough to am pretty sure it is a farmhouse. cancelation of elective procedures and address the needs of our small busi- Thank you, Senator Andrews. You nonemergency visits to deal with the nesses. Congress must also provide ad- served North Dakota well and will be pandemic. ditional support to help small busi- missed. It also provides zero dollars for nurs- nesses survive the economic fallout I yield the floor. ing homes and long-term care facilities caused by the COVID crisis. The PRESIDING OFFICER. The Sen- at a time when nursing facility resi- As a member of the Senate Com- ator from New Hampshire. dents account for 81 percent of our mittee on Small Business and Entre- CORONAVIRUS COVID–19 deaths, and nursing homes, preneurship, I was proud to be part of Mrs. SHAHEEN. Mr. President, I while they have seen 40 percent of the the bipartisan working group that come to the floor today to urge my col- fatalities from this pandemic nation- came up with the Paycheck Protection leagues on both sides of the aisle to wide, have gotten only 4 percent of the Program. As part of what we did for come together to resume negotiations funding. small businesses in the CARES Act, we on a comprehensive relief package for The bill provides zero dollars for greatly expanded and added a grant Granite Staters and Americans across community health centers across the component to the Economic Injury Dis- this country. country—community health centers aster Loan Program. We provided 6 Six million Americans have missed that are providing care to millions of months of relief for existing SBA bor- their rent or mortgage payments since individuals, newly uninsured because rowers to make use of the 7(a), 504, and September. The lines at food pantries they have lost their jobs due to the Microloan Programs. in my State of New Hampshire and pandemic. Our intent then was to deliver relief across the country are growing longer The most recent version of the He- to small businesses that are truly hurt- and longer. Yet the partisan Supreme roes Act that passed in the House ear- ing, and that effort has been largely Court nomination seems to be the only lier this month would provide $50 bil- successful. To date, 501 million small priority of the Republican leadership lion in new grants for healthcare pro- business borrowers have received more here in the Senate. viders, as well as $7.6 billion to support than $525 billion in assistance through The American public are tired of par- our community health centers. PPP. That includes over 24,000 small tisan posturing. They need relief, and I have joined Senator CASEY in press- businesses and nonprofits in New they need it now. That is why Congress ing for additional dedicated funds, spe- Hampshire and $2.5 billion that has should pass a bipartisan, comprehen- cifically for long-term care facilities, come into our State alone. Over 11,000 sive package that addresses the chal- to help them retain and hire staff—one New Hampshire small businesses have lenges we are facing in the short and of the biggest challenges they are hav- received EIDL loans totaling over $660 long term. ing right now—acquire testing mate- million.

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.091 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6365 Collectively, these programs rep- is right for the Nation. That is what support COVID–19 response efforts, resent the largest small business relief our constituents sent us here to do. We Tribal panelists testified about how effort in our Nation’s history by far, did it before, and we can do it again. their communities have been hurt by but we know that more needs to be I yield the floor. congressional inaction, funding short- done because there are some small The PRESIDING OFFICER (Mr. falls, and a lack of coordination be- businesses that have bounced back and CRAMER). The Senator from New Mex- tween the Federal agencies. are doing well and have returned to ico. Among other things, we learned that their pre-COVID revenues, but, unfor- Mr. UDALL. Mr. President, I join my existing Federal policies and failures tunately, too many of them still need Democratic colleagues today to voice have exacerbated health disparities, help to get through the rest of this my frustration with the Senate Repub- economic barriers, and institutional in- pandemic. licans’ drive to manufacture votes on equities among Native communities; Authorization for PPP has expired anemic half measures instead of focus- that the Indian Health Service, Tribes, with more than $130 billion still ing on enacting robust and comprehen- and Urban Indian Health clinics have unspent, and the funds appropriated for sive COVID–19 relief for the American faced challenges securing personal pro- the EIDL Grant Program have been ex- people. tective equipment and testing supplies; hausted. With over 220,000 deaths, positive that they were excluded from most I hear frequently from New Hamp- cases surging throughout the country, Federal public health emergency pre- and flu season right around the corner, shire small businesses that have used paredness planning; and that Indian it is unconscionable that we are not PPP effectively to keep workers on the Country continues to struggle to navi- taking up legislation to address the payroll and make rent, but many of gate the bureaucratic maze of COVID– health and economic needs facing this them, as I said, still need more assist- 19 programs because many agencies Nation. ance as our economy reopens, particu- had little to no meaningful engage- larly in the tourism and hospitality in- Simply put, this week’s votes have been engineered as political theater. ment with Tribes prior to this pan- dustries, which are so vital to New demic. Hampshire’s economy. They were designed to feign action, while failing, and to further divide this This testimony is key to putting into This is a critical time. Restaurants context what little data exists on in New Hampshire account for nearly body along party lines while making no progress on another bipartisan COVID–19 impacts in Native commu- 70,000 jobs and $3 billion in sales, ac- nities. cording to the National Restaurant As- coronavirus relief package. Earlier this summer, I took to the Even though data was slow to come sociation. Hotels represent another in, it confirms our worst fears; that the 29,000 jobs and $1 billion in wages and Senate floor to address the ongoing im- pacts of COVID–19 on our Nation’s pandemic will extract a heavier toll on salaries, according to the American Native communities if decisive Federal Hotel and Lodging Association. We health and economy. The majority of the $8 billion in CARES Act relief fund- actions aren’t taken immediately. have got to do more to help them. Thirty four percent of American In- Now, based on these conversations, I ing had barely gotten out to Tribes by dian and Alaska Native adults—the worked with Senator CARDIN, the rank- then, thanks to the administration’s highest percentage of any race—are at ing member on the Small Business delay and fumbled distribution. Now high risk of serious health complica- Committee, and others to come up with the administration wants Indian Coun- tions due to COVID–19; and they are 41⁄2 legislation that recognizes the con- try to believe it championed that fund- times more likely to be hospitalized tinuing need for small business assist- ing for Tribal governments, but the due to COVID–19 complications. These ance. Our bill would extend the dead- truth is the administration and Senate statistics are staggering, and they ap- line for PPP applications and let busi- Republican leaders offered nothing for nesses that have already received a Tribes in coronavirus relief. pear to be worsening in parts of Indian PPP loan but are still struggling to Tribes didn’t see progress until Sen- Country. Just this week, Indian Health Service apply again. It would streamline the ate Democrats fought back, demanding officials told Congress that COVID–19 process for borrowers to obtain forgive- targeted relief for Tribal governments. trends in the Bemidji, Billings, Great ness for their loans, and it would allow We ended up securing over $10 billion local chambers of commerce and des- to fight the virus, stabilize Tribal Plains, and Oklahoma City service tination marketing organizations ac- economies, and support Native health areas were ‘‘very concerning.’’ Each of cess to the PPP program. It would also systems. those regions have had a 7-day rolling significantly increase funding for EIDL Yes, it was obvious even then more positivity test rate in double digits. grants and make important reforms to would need to be done. I sounded the Several IHS service units are reporting that program. alarm that Native communities, like that their network for transferring pa- This and other measures must be every American community, needed tients in need of ICU care are nearly part of any future COVID–19 relief more help and were bearing the brunt full. package, and I would urge the majority of the virus’s continued spread. There is so much we still don’t know leader to quickly bring a package of As vice chairman of the Senate Com- about COVID–19. But what we do know legislation to the floor that addresses mittee on Indian Affairs, I am com- is this: Throughout this crisis, Native both the public health crisis as well as pelled to speak out again and urge im- communities have fought back. They the economic pain that our commu- mediate bipartisan action to provide are resilient. For example, in my home nities—especially our small busi- more targeted relief for Native commu- State of New Mexico and in Arizona nesses—are facing. nities and to urge my Republican col- and Utah—the Navajo Nation has insti- COVID–19 is the worst crisis our leagues who represent a number of Na- tuted strict curfews to prevent the country has faced during my lifetime. tive communities to join me in this ef- spread. They have ramped up testing, More than 220,000 Americans, including fort. Our shared trust and treaty obli- despite the complete lack of testing 468 Granite Staters, have lost their gations demand nothing less. supplies in the beginning. But the U.S. lives to this virus, which has also Throughout this pandemic, I have trust and treaty responsibilities re- taken a historic toll on our economy. heard directly from Tribes, Pueblos, main. Congress has an obligation to address and Native Hawaiian communities Our obligation to provide quality, ac- this pandemic aggressively and about their urgent and ongoing needs cessible healthcare to all Native Amer- thoughtfully. I am optimistic that we for healthcare and economic resources icans doesn’t end with this once-in-a- can come to bipartisan agreement, but to combat the virus. I have heard how century pandemic. And it cannot be we can’t wait until after the election. existing Federal policies, practices, fulfilled by partisan half measures Americans need help putting food on and program structures have left these meant to score political points rather the table and paying the bills today. communities particularly exposed to than provide meaningful health. Too many can’t afford an arbitrary severe and long-lasting impacts from Congress must do better. We must do timeline for delivering assistance. the coronavirus pandemic. much more. Each day we fail to act—to We need to set aside our differences In a recent oversight hearing on im- advance policies to address the dispari- and the partisan jockeying and do what plementation of Federal programs to ties faced by Indian Country—is a day

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.115 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6366 CONGRESSIONAL RECORD — SENATE October 21, 2020 we fail to uphold our oath of office. It and one can wonder if it will ever re- MOTION TO ADJOURN is a day we fail to meet the single most cover from this kind of rank hypocrisy. Mr. President, I move to adjourn and defining moment of this Congress—per- And so, because this has been the most to then convene for pro forma sessions haps, of our entire careers. rushed, most partisan, and least legiti- only, with no business being conducted, American families are struggling. mate process in the history of Supreme at 12 noon on the following dates and Our country is struggling. We in Con- Court nominations, Judiciary members that following each pro forma session, gress have the tools to help end that. will boycott the markup tomorrow and the Senate adjourn until the next pro Instead, we are wasting time with not provide the quorum that is re- forma session: Friday, October 23; sham votes. History will not forget this quired because it is a bipartisan Tuesday, October 27; Friday, October inaction. That is why it is imperative quorum. 30; Tuesday, November 3; and Friday, that we pass comprehensive COVID–19 The bottom line is very simple. We November 6. Furthermore, that if there relief legislation with targeted re- should not be moving forward on this is an agreement on legislation in rela- sources for Native American commu- nomination. She is so out of character tion to the COVID pandemic, the Sen- nities. with American views. Her views are ate may convene under the authority We must infuse the IHS with addi- way, way, way to the right. She has of S. Res. 296 of the 108th Congress; and tional funding for Tribal healthcare stated she wants to repeal the ACA and that, finally, when the Senate adjourns and ensure Indian Country has parity take away healthcare. She has said she on Friday, November 6, it next convene in accessing Federal public health pro- would oppose Roe v. Wade and remove at 4:30, Monday, November 9, and that grams. We must provide Tribal govern- American women’s right to control following the prayer and pledge, the ments with the resources they need to their own bodies. She has opposed labor morning hour be deemed expired, the keep their communities up and running rights. She is to the right of Justice Journal of proceedings be approved to safely by providing additional funding Scalia on gun safety. date, the time for the two leaders be within the Treasury’s Coronavirus Re- On issue after issue, this nominee is reserved for their use later in the day, lief Fund. and morning business be closed. The Senate should pass bills I have so far out of the mainstream that her introduced that have already been views, if she had to get them to pass in The PRESIDING OFFICER. That mo- adopted by the House of Representa- a legislature, would never pass even tion would require consent and is not tives in its Heroes Act, passed over 3 with all Republicans. But, of course, in order. months ago. We must make the stra- now they are rushing through the proc- MOTION TO TABLE tegic national stockpile available to ess. Mr. SCHUMER. Mr. President, I ap- Tribes. Tribes should be able to access Trump has said he wants someone peal the ruling of the Chair, and I move PPE, ventilators, and other necessary who repeals ACA. Trump has said he to table the appeal. medical equipment, just as States can. wants someone who would repeal Roe. The PRESIDING OFFICER. The yeas We must make sure the Tribes have Trump has said he wants someone who and nays. equal access to the Centers for Disease would be on his side if there is an elec- Mr. SCHUMER. I ask for the yeas Control resources to prepare for public tion dispute. and nays. health emergencies, like this pan- These are all such violations of The PRESIDING OFFICER. Is there a demic. We must equalize the Medicaid American norms, values, decency, and sufficient second? reimbursement rate for Urban Indian honor. And that is why the Judiciary There appears to be a sufficient sec- Health facilities and help the 41 Urban Committee will not provide the ond. Indian Health facilities across the Na- quorum tomorrow when the markup The clerk will call the roll. tion expand their services. goes forward. The bill clerk called the roll. And as so much of our lives move to We should also adjourn. We should Mr. DURBIN. I announce that the the internet, we must make sure that not do this nomination. We can come Senator from California (Mrs. FEIN- Native schools, healthcare facilities, back after the election and do just STEIN), the Senator from California and government services are not left on what Republicans have said they want- (Ms. HARRIS), the Senator from West the wrong side of the digital divide. All ed to do when Merrick Garland was on Virginia (Mr. MANCHIN), the Senator Tribes must have access to high-speed the floor: wait for the election to de- from Vermont (Mr. SANDERS), the Sen- broadband. cide. ator from Arizona (Ms. SINEMA), and This public health and economic cri- And this sophistry that now because the Senator from Oregon (Mr. WYDEN), sis has impacted every community in it is a Republican President and a Re- are necessarily absent. every State in the Union, but it has hit publican majority, that makes a dif- The PRESIDING OFFICER. Are there Native communities particularly hard. ference? No. Everyone sees through any other Senators in the Chamber de- We must take real action. We need to that. That was never mentioned when siring to vote? lock arms, negotiate in good faith, and The result was announced—yeas 53, get immediate relief out the door—not Merrick Garland came up. It only came nays 41, as follows: engage in insincere, sham votes on now with a coverup—to cover up the ‘‘skinny’’ relief bills going nowhere, hypocrisy, and it just doesn’t work. We [Rollcall Vote No. 209 Ex.] marked by continued partisan bick- can see through it. YEAS—53 ering. The bottom line, we have never Alexander Fischer Perdue I yield the floor. moved a nominee so close to an elec- Barrasso Gardner Portman The PRESIDING OFFICER. The tion. Abraham Lincoln, when he had Blackburn Graham Risch Blunt Grassley Democratic leader. the opportunity to fill a Supreme Roberts Boozman Hawley Romney NOMINATION OF AMY CONEY BARRETT Court seat, said it would be unfair to Braun Hoeven Rounds Mr. SCHUMER. Mr. President, by do it so close to an election. But this Burr Hyde-Smith Rubio Republican Party has forgotten the Capito Inhofe Sasse now, the American people know the Cassidy Johnson Scott (FL) rank hypocrisy of the Republican ma- principles and the honor and the de- Collins Kennedy Scott (SC) cency of Abraham Lincoln as they Cornyn Lankford jority, who, so many, when Merrick Shelby Garland was proposed as a nominee, move forward in their rush—in their Cotton Lee Cramer Loeffler Sullivan said we must wait, even though it was rush—to push a nominee through, Crapo McConnell Thune 8 months before an election. When whose views are decidedly at odds with Cruz McSally Tillis Merrick Garland was nominated 8 the vast majority of Americans on Daines Moran Toomey issue after issue. That is why the Judi- Enzi Murkowski Wicker months before an election, we have to Ernst Paul Young wait for an election. Now that an elec- ciary Committee members will boycott tion is ongoing, we are rushing through tomorrow. That is also why I am going NAYS—41 this nomination. It is one of the worst to move to adjourn until November 9, Baldwin Cantwell Cortez Masto after the election is decided and do Bennet Cardin Duckworth moments the Senate has ever seen. Blumenthal Carper Durbin Leader MCCONNELL and the Repub- what is fair and right for the American Booker Casey Gillibrand lican majority have defiled the Senate, people. Brown Coons Hassan

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.117 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6367 Heinrich Merkley Smith ical gains in the middle of an election mony. In fact, on the Seventh Circuit, Hirono Murphy Stabenow while refusing to support relief for 95 percent of her adjudicated cases Jones Murray Tester Kaine Peters Udall hard-working families impacted by this were unanimously decided. King Reed Van Hollen pandemic. I am so grateful that Judge Barrett Klobuchar Rosen Warner Now, Big Tech is aggressively lim- has accepted the call to serve our coun- Leahy Schatz Warren iting the First Amendment right to try. President Trump could not have Markey Schumer Whitehouse Menendez Shaheen free speech and free press. Created be- chosen a more qualified, impressive ju- NOT VOTING—6 fore the existence of the very compa- rist than Judge Barrett, and I will be nies that are silencing conservatives, honored to vote to confirm her as the Feinstein Manchin Sinema Harris Sanders Wyden the 1996 Communications Decency next U.S. Supreme Court Justice. Act’s section 230 provision no longer Mr. MERKLEY. Would my colleague The PRESIDING OFFICER. The mo- suits our country’s needs. Last week, yield for a question? tion to table is agreed to, and the rul- Justice Clarence Thomas called on Mrs. LOEFFLER. Sure. ing of the Chair stands. Congress to update these laws to Mr. MERKLEY. Thank you. The Senator from Georgia. ‘‘make them more appropriate for an You know that the process we are in NOMINATION OF AMY CONEY BARRETT Internet-driven society.’’ right now is based on clear precedent. Mrs. LOEFFLER. Mr. President, as In the Senate I am leading the charge I have scoured American history to the first U.S. Senator to call for the to modernize the law to suit the reality find the precedent of conducting a de- nomination and confirmation to fill of the digital marketplace of ideas by bate and vote on a Supreme Court Justice Ginsburg’s seat before the No- introducing the Stopping Big Tech’s nominee during an election, and I vember 3 election, I am proud to sup- Censorship Act in June to give all haven’t found it. So I just wanted to port Judge Amy Coney Barrett as Americans a process to bring claims check in on, essentially, what am I President Trump’s nominee for Asso- against companies when they remove missing? Where is there a precedent for ciate Justice of the U.S. Supreme or limit constitutionally protected free conducting this debate and this vote Court, but I am not the only one who is speech. during an election? Mrs. LOEFFLER. Thank you for the proud. Two weeks ago I joined Con- Today I introduced a bill to elimi- question. cerned Women for America in Mari- nate ambiguous language in section 230 There have been 29 such cases. When, etta, GA, to kick off their nationwide and to codify the more concrete terms in fact, the executive branch and the bus tour in support of Judge Barrett’s recommended by the Department of Senate are controlled by the same confirmation. Dozens attended, includ- Justice. party, the nomination proceeds, and ing men and women from every walk of In Congress we must act to hold Big that is the case that we are now in, and life—families, business owners, policy- Tech accountable, but we also must we will proceed with the vote and the makers, faith leaders, and students. have strong judges in our courts who nomination. Judge Barrett has inspired millions will uphold the Constitutional rights of of us across our country. She has Mr. MERKLEY. So thank you to my all Americans. That is why it is con- colleague. I think what you are con- reached the pinnacle of her profession, cerning that Democrats are fighting so while upholding her Christian faith and firming is that never in American his- hard to oppose an eminently qualified tory have we conducted such a debate values. She is a wife and a mother of nominee. As retaliation, they have seven children. She will become the and voted during an election. You have threatened to pack the Court if we fol- a different precedent argument but not first woman to serve on the Supreme low clear precedent in filling this seat, Court with school-aged children. a precedent that shows that conducting attempting to constrain our well de- this debate during an election is appro- Now the majority of Americans in signed system of checks and balances. the most recent Gallup poll agree we priate. Unable to criticize Judge Barrett’s Mrs. LOEFFLER. The President is should vote to confirm her. sterling credentials, Democrats have As I have traveled around the Peach the President for 4 years—for a full 4- resorted to scare tactics, claiming she year term—and we will carry out our State, the enthusiasm and admiration I will take away healthcare coverage or hear from Georgians is very clear. Constitutional duty. advance her own policy views. At her Mr. MERKLEY. I thank my col- President Trump established a group of confirmation hearing, Judge Barrett league, because, 4 years ago, I was on highly qualified candidates for the put those leftwing talking points to this floor, and I know you weren’t here bench. He was transparent and well rest, saying: ‘‘It is never appropriate in the Chamber, and I listened to so prepared for the moment. It is clear for a judge to impose that judge’s per- many Members of the Senate say that that he could not have made a better sonal convictions, whether they derive they were establishing a new prece- nomination. from faith or anywhere else, on the dent—a precedent they felt was a Judge Barrett is a woman of remark- law.’’ precedent born of deep conviction, pas- able intellect and character, with the These accusations make clear that sionate conviction, that there should judicial philosophy of originalism, and, there is little Democrats fear more never be a debate and a vote during an as a textualist, she understands and re- than strong, conservative women. I election year, not just during the elec- spects the Court’s role to interpret the know firsthand what it is like to step tion. We are already in the process of law as written. As such, I believe Judge into public service and then be at- casting ballots, but never in an elec- Barrett will uphold the Constitution in tacked by the left and the fake news. tion year. protecting our God-given rights, in- There is a playbook for trying to stop So that also is a precedent set 4 years cluding the right to life, the Second conservative women and their place in ago that this is overturning; is that not Amendment, free speech, and religious public service. correct? liberty. Nonetheless, Judge Barrett has been Mrs. LOEFFLER. No, that is not cor- The need for judges who will uphold the definition of grace under pressure. rect. the intent of the Framers is especially At her confirmation hearing, Senator Mr. BARRASSO. Mr. President, may clear when the left is showing their dis- GRAHAM asked why she decided to put I respond? regard for our Constitution. Democrats her family in the spotlight and accept The PRESIDING OFFICER. The Sen- are attempting to change article I and the President’s request to serve. She ator from Georgia has the floor. trying to federalize the election system said, abridged: Mrs. LOEFFLER. Mr. President, I through the creation of a national uni- We knew that our lives would be combed will yield the floor to my colleague versal ballot system, and NANCY PELOSI over for any negative detail. . . . our faith from Wyoming. has attempted to politicize and would be caricatured. . . . the benefit . . . is The PRESIDING OFFICER. The Sen- weaponize the 25th Amendment in an- that I’m committed to the rule of law . . . ator from Wyoming. other desperate move to form a com- and dispensing equal justice for all. Mr. BARRASSO. Mr. President, I mittee to remove an elected President. Judge Barrett’s commitment to the want to associate myself with every re- That is why I introduced a resolution rule of law and equal justice are clear mark that we heard from the distin- condemning the Speaker for her polit- from her writings, decisions, and testi- guished Senator from Georgia. She has

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.072 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6368 CONGRESSIONAL RECORD — SENATE October 21, 2020 shown a strong voice and strong leader- Mr. MERKLEY. Let the record note for being a mom, criticized for having ship in this, and, of course, she knows that my colleague— seven children, and criticized for going that 29 times, as she was trying to ex- Mr. BARRASSO. And I appreciate to church—criticized for going to plain before being interrupted, that the remarks of the Senator from Geor- church. There are Democratic can- there have been vacancies in an elec- gia, and I come to the floor today also didates now running for the U.S. Sen- tion year of the Supreme Court. It hap- in support of the nomination of Judge ate criticizing her religion or faith in pened. Amy Coney Barrett to serve on the God. Astonishing. What we know, historically, if we U.S. Supreme Court. The delay tactics and the defamation talk about historical precedence, is if I will state that she is terrific. She is has continued. We have seen this be- the President, asked by the Constitu- so impressive—so exceptionally well fore. The American people saw through tion—told by the Constitution to nomi- qualified to take on this new responsi- the Democrats’ disturbing attacks on nate, and if the Senate is of the same bility. Brett Kavanaugh 2 years ago. Ameri- party as the President, generally, that But the partisanship that she has ex- cans rejected the cheap character as- person gets confirmed. perienced from Democrats—well, it has sassination. They rejected the low But on the other hand, if the Presi- predictably backfired on them, cer- road, and now Democrats are leaving dent who nominates is of a different tainly by the American people. The open the possibility—and I hear this party than the Senate—which is what majority of Americans of all parties, a from Members of this body—Members happened in 2016 with Merrick Garland majority of Americans have said get of this body, as well as candidates for after the Republicans had won the Sen- her confirmed—put her on the Supreme the U.S. Senate. They are leaving open ate—that nominee, historically, is not Court because that is what they saw the possibility that if they win the confirmed. That is the history going when they watched the hearings last election, if they take the White House, through the U.S. Senate confirmations. week—somebody who is ready to serve if they take the Senate, of expanding The Constitution is clear. The Presi- our Nation and apply the law, not leg- the size of the U.S. Supreme Court—ex- dent nominates, then advice and con- islate from the Bench. panding the size from 9 to 11 or 13. sent by the Senate, and we know what This is an important moment in our They haven’t decided yet. happens there, generally—same party, history. Judge Barrett, the Senate, the The Presidential candidate won’t consent happens; different parties, di- American people deserved a hearing even announce what his thoughts are vided government, and that is what that matched the moment and that on it. He won’t say. He won’t tell the happened in 2016. President Obama was highlighted her qualifications and ca- American people. Oh, wait until after reelected in 2014, but come 2016, the pabilities. Regrettably, Americans got the election is over. It is just like it American people voted to put the Re- a weeklong lecture by Democrats was with ObamaCare, first you have to publican Party in the majority. which turned out to be a partisan info- So I actually have my dates wrong. It pass it before you get to find out what mercial on ObamaCare. was 2012 that President Obama was re- is in it. This is a law that 10 years on, Demo- The size of the Supreme Court has elected, and in 2014, the majority went crats are still trying to explain to the been nine for 150 years—since 1869. to the Republican Party. So when a va- American people, still trying to ex- Ruth Bader Ginsburg said nine is the cancy occurred in 2016, we had, as I plain how many—all these millions and right number. She said to go beyond stated, the majority—a President of millions of people who lost their health that would be politicizing it. But that one party and a Senate majority in the insurance, trying to explain millions is what we see happening today with other, and the nominee, through advice and millions of people whose costs the sorts of threats that we see coming and consent, was not confirmed. went up—more than doubled. That is what I am talking about, from the other side of the aisle. Judge Barrett is very clear and has when I see this ongoing abuse of the What do the American people think been clear. She has no agenda for any nominee, whom I had a chance to meet about that? Well, the New York Times case, and as a judge she considers each with today who believes in the Con- poll this week—58 percent of voters case on the merits. said they are against adding additional stitution, follows the Constitution, is There is only one real explanation for true on the Constitution—and that is members to the Supreme Court. How Democrats’ fixation on ObamaCare many favored? Just 31 percent, but why the people of Wyoming are so de- during the Supreme Court hearing. lighted with her nomination and why I they are the liberal activist base of the They are trying to score political Democratic Party. That is who they am so happy to support her. But I ap- points, appeal to their far-left base be- preciate the Senator from Georgia for are. Those are the ones who want to fore an election. It is shameful. It is a ANCY letting me come in a little bit on her call the tune if they have N scare tactic. PELOSI as Speaker of the House and time. I am just grateful for her leader- I hear scare tactics and false attacks CHUCK SCHUMER as majority leader and ship and the strong statement she is on healthcare that frighten people. Joe Biden in the White House. making on behalf of this very impres- That is not the way we ought to be That is why Joe Biden won’t tell the sive, well-qualified judge. doing things. They never mentioned I am really looking forward to voting American people what he plans to do. that Senate Republicans have voted Let me just get through that Ameri- to confirm her to the U.S. Supreme now five times to protect people with cans can rest assured that Republicans Court. I apologize to the Senator from Geor- preexisting conditions, including today in the Senate are committed to this gia if she has additional remarks to on the bill that every one of those nominee. Just as the Senator from make. Democrats voted against with a tar- Georgia has just said and as I have said Mr. MERKLEY. To my colleague geted relief plan. There was a compo- and others have said, Republicans in from Georgia, do you have additional nent in that to make sure that people this body are committed to this nomi- remarks to make? with preexisting conditions were pro- nee. We will confirm this exceptional Mrs. LOEFFLER. No, I really don’t. tected and that coronavirus is now list- Justice regardless of the delay tactics, Mr. MERKLEY. Thank you very ed as a preexisting condition. Every regardless of the seek-and-destroy mis- much. Democrat voted against adding sion the Democrats have launched. We To my colleague from Wyoming, coronavirus as a preexisting condition. are going to confirm this exceptional would you yield for a question? Every Republican today voted in favor. Justice to uphold the law as written. Mr. BARRASSO. Well, I have some- So Democrats seem to be trying to The Senate will vote, and the Senate thing to present, and I have the mic at make a standard confirmation process will confirm Judge Amy Coney Barrett this point to speak and I would like to about anything other than the quali- to the U.S. Supreme Court. complete that. And I know the Senator fications of an exceptionally qualified With that, I yield the floor. from Oregon is scheduled to speak after nominee. The PRESIDING OFFICER. The Sen- that, so if we could just go in regular The Presiding Officer has seen this, ator from Oregon. order, Mr. President. and we have talked about this. These Mr. MERKLEY. Mr. President, I The PRESIDING OFFICER. Regular attacks began before her nomination thank my colleague from Georgia for order. was even announced. She was criticized yielding to a question. It was not that

VerDate Sep 11 2014 03:22 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.123 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6369 long ago that we actually had con- deductions and those tax subsidies. We Do you know what happens at these versations and debate on the floor of want to make sure that people of com- rural townhalls? People who are at the the Senate, and now when we are even munities of color don’t vote. We want local healthcare clinics stand up and in debate on bills, we don’t have dia- to be able to suppress the vote. How do say: You know, we doubled the size of logue back and forth. So I appreciate we do that? our healthcare clinic because now our the Senator attempting to answer my Well, you know, the problem is that very low-income constituents can pay question about precedent. people who are elected get elected by the bill, so we have been able to hire Let’s be clear. This is a precedent- the people, and we might be able to in- more people. We have a substance ad- shattering event. This is not consistent fluence those campaigns some of the diction program now that we didn’t with the history of the United States. time, but, you know what? There is one have before. We have a mental health In fact, we have seen a situation institution not subject to the vote of program we didn’t have before. Don’t where never in our history has any the people—the Court. If we can cor- take that away from us. We really love President asked for a debate and vote rupt the Court, we, this very small our rural healthcare clinic. We love the during an election. So that shatters a group of White, wealthy power brokers investment in rural clinics that the precedent. Never before in our history in America can control this country ACA made. That list goes on and on. have we had a majority leader agree to and install government by and for the My colleague from Wyoming said hold a debate and a vote during an powerful, rather than our constitu- that there is this whole scare tactic election. So that shatters a precedent. tional vision of government by and for about healthcare. Yes, people are Then there is the President Lincoln the people. So this is a norm-shat- scared, not because we are saying they precedent in which he deliberately tering, precedent-shattering situation. are scared but because they are calling said: We are not going to violate the There have only been two real objec- our offices and saying: We are worried. sanctity of a vote. I don’t want you to tives by the leadership of this body They are saying they are worried be- debate and vote during an election. over the last 4 years. One was a $2 tril- cause they heard the President of the Now, Lincoln happened to be a Re- lion tax cut—$2 trillion with a ‘‘t’’— United States say: I am only going to publican President, but he cared about with virtually all the benefits going to nominate a person who will tear down the institution. He cared about the the richest Americans. You know, if a the ACA and will strike down Roe v. Wade. Don’t you trust the word of the Constitution. He cared about the voice thief grabs an orange off a stand, they President of the United States to do of the American people, and so he said might go to prison for 6 months or a what he said? He said it repeatedly. He the two shouldn’t exist together. loaf of bread, maybe they will get a said that was his goal. Then, of course, there is the McCon- couple years. But through this bill, $2 nell precedent from 4 years ago, in And he said to the Federalist Soci- trillion from the American Treasury ety: Go get me nominees who can com- which MCCONNELL came to the floor was given to the richest, most powerful plete my goals. The Federalist Society and was supported by his caucus and Americans. Well, that is certainly not said there should never ever be a de- has been at work now for four decades government by and for the people. That to bias the courts for the wealthy and bate or a vote of a nominee during an was one objective. powerful. That is what they are all election year. The other objective was to dismantle Now, my colleague from Wyoming about. It is about preventing people of healthcare for ordinary Americans who color from voting. Now it has expanded just noted, well, he has a new theory aren’t rich and powerful. Let’s tear about split government and unified to college students. Now it has ex- down the ACA. Well, in my State, panded to Native American reserva- government. Well, that theory wasn’t 400,000 Oregonians proceeded to gain tions. Now it has expanded to poor here on the floor 4 years ago. That healthcare through the expansion of communities. wasn’t part of the McConnell prece- Medicaid and the ACA, and since Oh, we see the manipulation being dent. That is called an after-the-fact March, add another 120,000 to that planned on election day because now justification of an inconsistent posi- list—120,000 more. Why? Because they there is a Court that by 5 to 4 gutted tion. are losing their jobs. They are losing the Voting Rights Act and allows voter In fact, so many colleagues across their jobs in this economic implosion intimidation in this country and allows the aisle came to the floor and said: I caused by the failure to address the voter suppression. So we see the ef- have this deep and passionate convic- pandemic. forts. You decrease the number of poll- tion that I want to defend the Con- The people in Oregon—I go to every ing places where you don’t want people stitution. There should never be a de- county every year. I have a townhall in to vote. You move them so people bate on a Supreme Court Justice dur- every county, and most of my counties aren’t sure where to go. You understaff ing an election year. And now every are deep red—as red as anywhere you them so there are long lines in blue dis- single one of them coming before us is will find in the country. tricts and short lines in red districts. saying: Well, you know that deep pas- And do you know what? People say: You stick machines in there that don’t sionate conviction I had 4 years ago? It Healthcare bill of rights, thank God for work so well. Maybe that will slow was a convenience of political power to that. What are they talking about? things down. You put out messages make that argument because what I Children can be on their policy until saying ‘‘Thank you for voting last was really saying is, we, as Repub- age 26. They think that is a step for- week’’ to confuse people when the vote licans, don’t want to debate a nominee ward. I know because I have been out is actually coming up next week. You from a Democratic President. We only there every year, and I ask them: Chil- say: Oh, by the way, you can use any want to debate a nominee from a Re- dren on your policy until age 26, how State ID to vote, but you can’t use a publican President. many people here like it? These are college ID. This is because they don’t Well, I am shocked really by the very, very Republican and very, very want college students to vote. complete lack of integrity. I am conservative rural areas. No, we like You know, I am proud of the Con- shocked that arguments are being put that. stitution of the United States. I am forward that were never raised on the Tax credits so lower income families proud of the vision of voter empower- floor 4 years ago about split govern- can afford to buy health insurance on ment, citizen engagement, and partici- ment as some justification. I guess I the marketplace? Oh, no, we like that. pation as a foundation for what we do am not so shocked about the power Having a marketplace where you can in this country. But I have really been grab involved because it began some 40 compare policies, one to the other? Oh, stunned by the scope of those in this years ago when a group of very no, no, we like that. Chamber who believe in voter suppres- wealthy, very White people got to- Having preventive conditions covered sion and intimidation. I am stunned gether and said: We don’t like this vi- because an ounce of prevention is that they don’t share the view of a gov- sion of government of, by, and for the worth a pound of cure? Oh, yes, we ernment of, by, and for the people be- people, because, you know, the people think that is a step forward. That is in cause that is the oath of office we took. kind of like things we don’t want. We these conservative, red districts. It was to our Constitution. want to rig the tax system so we pay And the expansion of Medicaid? A I am also stunned that it has been 5 very little. We want to get those tax lifesaver. months since the Heroes Act was

VerDate Sep 11 2014 05:43 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.125 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE S6370 CONGRESSIONAL RECORD — SENATE October 21, 2020 passed in the House, and this body has went to the public schools. My kids the President’s efforts to address the sat on its hands for 5 months—for 5 went to the same public schools. I can pandemic, and it has produced, there- months—and now the leader of this tell you that those lost jobs affect fore, an economy that is just a sham- body says: Mr. President, don’t nego- those who have the least resources to bles. tiate with Speaker PELOSI. We don’t tide them over. One of the things that ordinary fami- want to vote on a bill that will really Back in April, 40 percent of the peo- lies face is having their utilities cut help America. You have the Treasury ple who earned $40,000 or less lost a job. off. We know how essential it is to have Secretary and the Speaker ready to That was in April. So there is a lot of water, to have electricity, and to have reach a deal, and the leader of this suffering going on economically, as broadband to get through this. This body is saying: Don’t do it. For 5 well as in healthcare. We need to do ev- whole crisis has shined a light on the months, don’t do it. erything in our power to help those importance of broadband. That I always think of the phrase you hear families weather this storm—not sit on broadband is necessary to apply for em- growing up: Rome burned while Nero our hands for 5 months and not talk ployment. That broadband is necessary fiddled. Well, America suffers while the about the emaciated package that was for the school children to go to class. Senate slumbers under the leadership put on the floor, one that is cutting to That broadband is necessary for the that says: No vote on a comprehensive a fraction the previous Republican college students to go to class. That package to help both the healthcare package, which was pretty darn skin- broadband is necessary for every fam- pandemic and the economic implosion ny. ily to stay in contact with their friends that is associated with it. We have a responsibility to address and family. That broadband is nec- There are 220,000-plus Americans who unemployment insurance that has tied essary to follow the national news. It is lie in the grave because President hard-working blue-collar Americans at the heart of the communications of Trump refused to have a national through. I know that for many of my America, so cutting it off is unaccept- strategy on personal protective equip- colleagues, all they want is to rebuild able. ment, because President Trump refused the economy from the rich down—from Turning off the electricity is unac- to have a national strategy on testing, Wall Street down. But do you know ceptable. You can’t have a computer or because President Trump refused to what? That just increases the wealth broadband if electricity is turned off. have a national strategy on contact and income inequality. Do you know You can’t have light and heat as winter tracing, and because President Trump how effective those extra unemploy- approaches if it is turned off. Water is decided to try to continue the polariza- ment checks were in keeping people essential to health. You can’t have tion of America over the use of masks working and buying products because basic sanitation if you don’t have ac- and social distancing rather than then other companies were employed cess to water. bringing America together to fight and they could pay their mortgages, So let’s make sure we protect ordi- this. they could pay their utilities, they nary families. Let’s make sure they Now, some say: You know, couldn’t could pay their rent, they could buy have the electricity, they have the America do just as well as Canada? their groceries, and keep the economy water, and they have the broadband. Couldn’t we do just as well as our moving? Let’s not let American families be put neighbor to the north? Don’t we have But the extension of that has been at such risk. more resources than they have? Don’t blocked by the leadership of this body. Now, yes, there are States and cities we have more research institutions The leadership of this body, the major- that have taken action and produced than they have? Can’t we do just as ity party, has refused to invest in that such moratoriums, but aren’t we all well as the Canadians? national strategy of testing and trac- America together? Instead of a patch- Well, if we had done as well as the ing, which is essential in every country work of neighborhoods that got some Canadians, 135,000 fewer Americans that has gotten ahead of the help and protection and ones that would have died if we had the same coronavirus. They are restoring their didn’t, why don’t we stand together as deaths per capita as the Canadians. economies. They are supercharging Americans and protect the utilities? There are 135,000 deaths lying at the their economies because the disease is That is what we should be doing right doorstep of the Oval Office and this out of the way. They invested in test- now with a robust bill—a robust bill to Chamber, sitting on its hands for the ing and tracing, but the leadership of address the pandemic and to address last 5 months—not investing in testing this Chamber has ensured the pan- the economic implosion. and tracing, not insisting we have an demic gets worse and afflicted our So, Mr. President, as if in legislative aggressive strategy from the very economy in the process. session, I ask unanimous consent that start, and working in partnership with It may not matter to rich folks the HELP Committee be discharged the incompetence of the President to across this country who have seen from further consideration of S. 4362 make the pandemic so much worse for their S&P 500 index go through the and that the Senate proceed to its im- America. There are so many more peo- roof. Why is it going through the roof? mediate consideration. I ask unani- ple infected, so many more people Because those companies are replacing mous consent that the bill be consid- dead, and so many people damaged for the products produced by small busi- ered and read a third time and passed a lifetime by the experience of being ness across America. Hundreds of thou- and that the motion to reconsider be sick with coronavirus and then having sands of small businesses have been considered made and laid upon the lasting side effects. ravaged and destroyed by this lost table. And what else? Country after country economy. OK, the S&P 500 is doing The PRESIDING OFFICER. Is there is putting their economy back together fine; your stock portfolio is doing fine. objection? because they don’t have coronavirus in But Americans—ordinary Americans The Senator from North Dakota. any significant numbers anymore—Tai- are not doing fine. Mr. CRAMER. Reserving the right to wan and South Korea. But as long as The majority in this Chamber did not object, I served as an economic regu- you have this pandemic, you damage want to increase the Medicaid match- lator of utilities for nearly 10 years be- the economy. So not only have people ing rate to strengthen healthcare fore coming to Congress. This idea of a died and people suffered with the ill- across this country. Why is it so impor- moratorium—a national moratorium— ness and not only will they carry con- tant? Because the States have lost so violates all kinds of things, not the sequences forward, but the number of many revenues during this downturn, least of which, by the way, seems to me people who have lost their jobs—that is and in the process, people losing their to be, at the very least, the spirit, if a big deal. jobs lose their employer-based health not the literal Constitution that my Just last week, we saw the highest insurance and, therefore, need to qual- colleague from Oregon says he is so jump in jobless claims since August ify for Medicaid. On and on, one issue proud of. with about 900,000 Americans filing for after another—it is an issue of basic de- Remember, the States created the unemployment. I live in a blue-collar cency and of basic humanity to address Federal Government, not the other community. I grew up in a blue-collar the challenges Americans are faced way around. As a State regulator of community. My dad was a mechanic. I with because of the incompetence of natural gas and electric utilities, I saw

VerDate Sep 11 2014 04:30 Oct 22, 2020 Jkt 019060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.126 S19OCPT3 ctelli on DSK11ZRN23PROD with SENATE October 21, 2020 CONGRESSIONAL RECORD — SENATE S6371 from time to time the attempted over- Mr. MERKLEY. Mr. President, my ments, we can be accountable to the reach of the Federal Government to colleague not only objected but laid people of the United States of America. mandate things. It violates the prin- out his thinking on the idea that has So bring back the bill and guarantee ciples of the Constitution, and it vio- been adopted at local governments that it will get amendments by simple lates, really, the best practices of across the country, and he said it is un- majority, and let’s have a real debate States’ rights, of communities’ rights, constitutional. Of course he didn’t because we owe it to the American peo- of rural electric’s rights because it as- bother to actually check to see if it ple. sumes that somehow we here in these was unconstitutional because, no, it is Let’s bring the Heroes Act to the Chambers know better than the utility not. If it was, it would have been ended floor—the one that has been trapped regulators who are appointed by Gov- in all of those places at the State and for 5 months. Amend the hell out of it ernors—the ones who are elected, like I local levels where it had been done. So if you want, but at least you are taking was—the municipalities that set the much for that false argument. votes to be accountable to the people of rates for water and sewer; that some- He brings in his experience as a regu- the United States of America. At least how we are better equipped to make lator, but it might be helpful to actu- we are having a debate—a debate—in the decisions for a local utility and, ally check the lawbooks before making front of Americans about what works yes, their consumers; that somehow we a spurious argument. and what doesn’t. We need more of that are better at doing that. It makes no Then he says: You know, a morato- in this Chamber. We need a bipartisan sense. In fact, it would be very harmful rium would hurt ordinary families. consensus that will restore the ability to the very consumers the Senator Well, try talking to an ordinary fam- of Senators to amend. from Oregon says he wants to look out ily. An ordinary family says: You know It is not that long ago that in this for. what, I lost my job because of the eco- Chamber, amendments were common Let’s just take some examples. Utili- nomic collapse. We have an economic and blockades were rare. That was a ties are not capitalized to provide serv- collapse because of the failure to ad- functioning legislative body. That ben- ices for free. That is what this bill dress coronavirus, and now you are efits every single Member. I can’t tell would do. And guess what happens to a telling me it is good for me if I lose my you how many Members on both sides regulated utility, an investor-owned electricity and my water while I try to of the aisle say that we need to restore utility, when something like this hap- help my kids get through this year the vision of a functioning legislative pens, when the Federal Government when they can’t attend class or school body. throws a wrench into their local rate and they have to do it at home. But I want to do amendments. Let’s re- structure. Well, somebody eventually you are OK having my electricity store that vision. Let’s work together has to pay for that. And guess how the turned off. to restore that vision for the better- money is raised to pay for the morato- That is hardly helping the families ment of this Chamber but certainly for rium? The rates go up. They have to. get through this. I must say, it rep- the betterment of America. And one That is how rate structure is designed. resents an awareness that is so distant idea that should be considered is pro- If you are a utility—let’s say a rural from the experience of ordinary Ameri- tecting Americans from having their electric cooperative or a rural tele- cans as to confound the mind and real- utilities cut off until we are on the far phone cooperative that is providing ly challenge the heart. side of this crisis. broadband—that is even better yet be- My colleague notes that, my good- Thank you. cause it is actually the consumers who ness, the utilities have expenses. Yes, The PRESIDING OFFICER (Mr. are the board of directors. It is the which is exactly why I have proposed CRAMER). The Senator from Wyoming. most direct experiment of self-govern- that we compensate those utilities for f those expenses. So why don’t we have ance that we have. MORNING BUSINESS So let’s please leave the regulation to this bill on the floor, and then we can the locals and to the States. If there is actually have the arguments and get a need for a moratorium or a design for the facts out about it? ARMS SALES NOTIFICATION some different structure, they can do it My colleague said: I have these argu- Mr. RISCH. Mr. President, section in concert with the consumers, the reg- ments—arguments I have just noted 36(b) of the Arms Export Control Act ulators, and, of course, the utilities in and disagree with, but at least we are requires that Congress receive prior no- a way that does the least harm. That having a debate, which is rare in this tification of certain proposed arms makes all the sense in the world. Chamber. So let’s have this bill on the But here is, in my mind, the richest floor, and let’s have everyone bring sales as defined by that statute. Upon irony of this moment. The Senator their experiences to bear, and let’s such notification, the Congress has 30 from Oregon talked about the high un- open it to amendment. calendar days during which the sale employment rate, the large unemploy- My colleague noted that there are may be reviewed. The provision stipu- ment numbers. Just today we had the piecemeal items that the majority lates that, in the Senate, the notifica- opportunity on this floor, when Repub- leader brought forward because there is tion of proposed sales shall be sent to licans brought a bill that would have an election in a couple of weeks. He the chairman of the Senate Foreign provided $300 a week of federally fund- didn’t say ‘‘because there is an election Relations Committee. ed supplement to unemployment insur- in a couple of weeks,’’ but that is why In keeping with the committee’s in- ance benefits to those unemployed peo- they were brought forward. That is my tention to see that relevant informa- ple—$300 a week—do you know how opinion. I would have been fine bring- tion is available to the full Senate, I many utility bills that would have ing those to the floor if they were open ask unanimous consent to have printed ECORD the notifications which helped pay without disrupting the util- to amendment, but, no, they were a po- in the R have been received. If the cover letter ities’ rate structure? Just today we had litical stunt. It is, here is our version references a classified annex, then such that moment, and the Senator from Or- we want to vote on so we can do a cam- annex is available to all Senators in egon and every one of his Democratic paign commercial, but we are not going the office of the Foreign Relations colleagues voted against it—not for the to let there actually be a debate, a pos- Committee, room SD–423. first time, by the way, but for the sec- sible amendment. The Senate might There being no objection, the mate- ond time. And here we are tonight actually legislate? We haven’t done rial was be printed in the RECORD, as coming up with a piecemeal solution that in years. Why would we start now? follows: when the more comprehensive one was Because that is the vision of our Con- rejected. stitution, that there actually be de- DEFENSE SECURITY So for those reasons and several oth- bates on this floor; that we actually COOPERATION AGENCY, Arlington, VA. ers I could think of, but the hour is allow relevant amendments to have a Hon. JAMES E. RISCH, getting late, I object. majority vote and be considered so Chairman, Committee on Foreign Relations, The PRESIDING OFFICER. The ob- that the collective interaction of Mem- U.S. Senate, Washington, DC. jection is heard. bers can produce a better outcome for DEAR MR. CHAIRMAN: Pursuant to the re- The Senator from Oregon. America. By voting on those amend- porting requirements of Section 36(b)(1) of

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