S2470 CONGRESSIONAL RECORD — SENATE May 18, 2020 the disturbing details of which are con- evolving threats from Russia to China, fault of their own. Almost 1.5 million tinuing to come to light every day. Our to terrorist groups, and for ensuring Americans are sick, and nearly 90,000 action on that subject is not finished. the intelligence community’s impor- have died. Yet Senate Republicans Thanks to leadership from Senator tant work is not tainted by partisan have decided to take the month off RUBIO, we passed legislation to con- bias or political weaponization. from the coronavirus. tinue ratcheting up the pressure on the We have a busy week ahead of us. The American people may be won- Chinese Communist Party. In this case, This pandemic is not going to defeat dering: What is the Republican-led our bill will shed new light and impose itself; a careful reopening will not plan Senate doing instead of addressing this new consequences for the egregious itself; and our Nation’s other chal- urgent national crisis? What could be abuses against the Uyghur people and lenges are not about to politely step more pressing? What is the Republican other Muslim minorities. We also con- aside in the meantime. All kinds of Senate doing in the midst of the crisis? firmed well-qualified nominees to im- American heroes across the country Well, Leader MCCONNELL has sched- portant roles at the National Counter- are tackling the coronavirus head on. uled five rightwing judges for the floor intelligence and Security Center, the We are going to do all we can to keep of the Senate, and the Republican Nuclear Regulatory Commission, the them safe and supported while they do. chairman of the Homeland Security Committee will be holding a hearing Department of Homeland Security, and f the Department of Housing and Urban designed to slander the family of the Development. RESERVATION OF LEADER TIME President’s political opponent. Is the In other words, we have done more The PRESIDING OFFICER. Under chairman of Homeland Security calling for the American people in 2 weeks on the previous order, the leadership time in FEMA to find out if our hospitals have enough PPE? No. He wants to this side of the Capitol than the House is reserved. of Representatives has done in the last echo Kremlin-backed conspiracy theo- f 2 months. In the two months that the ries in order to go on a fishing expedi- House Democrats have spent away CONCLUSION OF MORNING tion to smear Joe Biden’s son. from their duty stations, they have BUSINESS We all know this is what the Presi- seemingly given themselves just one dent focuses on instead of the COVID The PRESIDING OFFICER. Morning crisis, but must our Republican col- assignment—to draft an enormous po- business is closed. litical messaging bill and brand it as leagues gamely follow such an absurd, coronavirus relief. f diversionary, and untruthful agenda? I guess so. It is a shame. Yet, even on this basis, they have EXECUTIVE SESSION failed. The 1,800-page doorstop that Even more shameful, the company that the Senator from Wisconsin wants Speaker PELOSI dropped last week was --- appropriately greeted as the legislative EXECUTIVE CALENDAR to issue a subpoena for is voluntarily cooperating and providing relevant equivalent of a standup comedy. There The PRESIDING OFFICER. Under were tax hikes on small businesses in documents to the committee. Did you the previous order, the Senate will pro- hear that? They want to make a big the midst of a small business crisis, ceed to executive session to resume and there were targeted tax cuts for show of subpoenaing, but the company consideration of the following nomina- says it will cooperate. It is a show. It is the wealthiest people in the bluest tion, which the clerk will report. States. There were two separate tax- a sham. It has nothing to do with The legislative clerk read the nomi- COVID and everything to do with payer-funded studies on diversity and nation of Scott H. Rash, of Arizona, to inclusion in the market for marijuana. Kremlin-backed rumors that they want be United States District Judge for the to use to divert attention from the In sum, it was a $3 trillion wish list District of Arizona. slapped together in a clumsy effort to President’s poor showing on COVID. Mr. MCCONNELL. Mr. President, I never let a good crisis go to waste—se- The subpoena is just for show. It is not suggest the absence of a quorum. necessary because the company will co- rious work here in the Senate and par- The PRESIDING OFFICER. The tisanship pointlessness over in the operate. It is a way to kick up dirt for clerk will call the roll. exclusively partisan purposes. House. The legislative clerk proceeded to The Senate will stay on course and It would be bad enough if they were call the roll. continue our serious work at this seri- doing this when COVID–19 wasn’t rag- Mr. SCHUMER. Mr. President, I ask ous time. Tomorrow morning, our col- ing, but with COVID–19 raging, to unanimous consent that the order for leagues on the Committee on Banking, spend time doing this instead of focus- the quorum call be rescinded. Housing, and Urban Affairs will hear ing on the way to get relief to people— The PRESIDING OFFICER. Without from Secretary Mnuchin and Fed unbelievable. It is a low point for that objection, it is so ordered. Chairman Powell on the latest status committee, a low point for the Senate. This is what is on the Senate Repub- of the CARES Act implementation ef- RECOGNITION OF THE MINORITY LEADER licans’ agenda in the midst of historic forts. The Homeland Security and Gov- The Democratic leader is recognized. unemployment and a national crisis: ernmental Affairs Committee will meet CORONAVIRUS five rightwing judges and the exploi- this week to consider the nomination Mr. SCHUMER. Mr. President, now, tation—a show, mock hearing for par- of Brian Miller to serve as Special In- for the third week in a row, the Repub- tisan mudslinging. America is in crisis, spector General for the pandemic re- lican majority in the Senate has no and Senate Republicans are rear- covery programs. The Special Com- COVID-related business on the agenda. ranging the Nation’s deck chairs and mittee on Aging will be examining the For the third week in a row, Leader trying to put them in a political as- challenges facing American seniors MCCONNELL has scheduled zero votes on legislation having to do with the crisis. sembly. during this pandemic as both the virus The Chairman of the Federal Re- Senate Democrats have had to re- itself and the social distancing meas- serve, Jay Powell, appointed by Presi- lentlessly pressure our Republican col- ures take a heavy toll on older Ameri- dent Trump, said last week that we are leagues to secure even the most rou- cans. Of course, we will continue to up- looking at the worst recession since tine oversight hearings on the pan- hold our responsibilities beyond the World War II. Yesterday, Mr. Powell demic. If we had not pressured them, I scope of COVID–19. We will consider warned that layoffs would continue for doubt there would be any hearings at more nominations to the Federal Elec- several months and that unemploy- all, and they are few and far between. tion Commission and to the Federal ment could reach 20 or even 25 percent. The hearings will be the only work we bench. He said: Tomorrow, our colleagues on the In- will have done in the Senate on telligence Committee will vote on re- COVID–19 in the entire month of May, If we let people be out of work for long pe- riods of time, if we let businesses fail unnec- porting the nomination of JOHN and the Republican majority has had essarily, waves of them, there’ll be longer RATCLIFFE to serve as Director of Na- to be pressured into doing even those. term damage to the economy. The recovery tional Intelligence. This role is essen- There are now more than 35 million will be slower. The good news is we can avoid tial for monitoring and countering Americans out of work through no that by providing more support now.

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.002 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE May 18, 2020 CONGRESSIONAL RECORD — SENATE S2471 Mr. Powell went on to encourage pol- Instead, Leader MCCONNELL has said sure our government is working for the icymakers to provide greater assist- that Republicans have yet to feel ‘‘the people. That is what they are there to ance to families and implement meas- urgency of acting immediately’’—Her- do: Hold government accountable for ures to keep workers in their homes. bert Hoover redux. Instead, his party is waste and fraud and abuse. But if they He also pointed out if State and local slowly preparing legislation to give actually do their jobs and say that the governments don’t receive additional legal immunity to big corporations President is doing something wrong, he aid, they will be forced to lay off public that put workers in dangerous situa- fires them. employees and cut back on public serv- tions. Is that the No. 1 problem on The President can’t handle the truth ices at the worst possible time. every American’s mind? Is that the No. and will not tolerate oversight of his Mr. Powell is spot-on, and tomorrow, 1 problem of people who are losing administration when truth speakers in the Senate Banking Committee, my their jobs, people who have small busi- speak out. No other administration has Republican colleagues will have a nesses that are going bankrupt, people come close to doing this. This Presi- chance to hear this critical message who can’t feed their kids—protecting dent is so different, running almost a straight from the horse’s mouth, with corporations from liability? rogue administration that defies truth, Mr. Mnuchin and Mr. Powell set to tes- This Republican Party is so, so out of that defies facts. Now five inspectors tify only after Senate Democrats had touch with America. It is so off-kilter, general have been fired all because to push and push and push for such a so in obeisance to the hard right that they were doing their job, telling the hearing. We asked for it 3 weeks ago. It they can’t even focus on a crisis when truth, and trying to clean up the mess should have happened 2 weeks ago be- it is right before their eyes. in Washington. cause the country is calling out for ac- We are confronted with a period of We know this about President tion. Trump appointees are calling out prolonged economic misery for mil- Trump, but where the heck are my Re- for action. Governors across the coun- lions of American workers and fami- publican colleagues in the Senate? My try—Democratic and Republican Gov- lies—Americans who, for the first time, friends on the other side, especially the ernors—are calling out for action. are waiting in staggering lines at food senior Senator from Iowa, have long When will my Republican colleagues banks, Americans who, for the first defended and even sought to pass legis- hear the message? After all, there is no time, don’t know if they will be able to lation to further empower inspectors shortage of action the Senate could keep a roof over their heads, put food general. Well, the President has just take. on the table or pay the rent. How long fired a parade of independent watch- Millions of Americans are having dif- will it take—how long? How much eco- dogs and given no legitimate expla- ficulty receiving the expanded unem- nomic hardship—how much before Re- nation for their dismissals. ployment insurance benefits that Con- publicans feel the urgency to act? Is a mild rebuke the most my Repub- gress recently passed. Why aren’t Sen- STATE DEPARTMENT IG lican colleagues can muster—a tweet? ate Republicans holding a hearing on Mr. President, on another matter, Some concerned statements? why millions of our citizens aren’t get- last Friday night, in the dark of night, This is not the first time the Presi- ting the aid we intended to provide in- President Trump fired the inspector dent has fired an IG and failed to pro- stead of these sham political show trial general of the State Department, Mr. vide a sufficient explanation. So what ‘‘gotcha’’ hearings? Steve Linick. Mr. Linick, according to are our Republican colleagues going to Testing continues to be a major prob- reports, had been investigating the lem. A blockbuster report in the Wash- do about it? Nothing, it seems. Noth- misuse of public resources by Secretary ing. They are so afraid of President ington Post last night says we are ‘‘far Pompeo and the Trump administra- short of the [testing] number that most Trump. They so cling—almost to his tion’s arms sales to Saudi Arabia. ankles—that when they know he is independent analysts say will be need- Mr. Linick is now the fifth—yes, the doing wrong, when they know he is hid- ed to avoid another wave of death and fifth—inspector general to be fired by ing the truth, they are afraid to say it. illness.’’ The report described a con- President Trump from his or her post cerning shortage of PPE, nasal swabs, They shudder. in the last few months. They all shared I have never seen anything like it: a and reagents in nursing homes and one thing in common. They had the au- President who is so out of control with other frontline settings. The report dacity to do their jobs and speak the his party so in line behind him, march- outlined another problem: There is a truth. They had the audacity to try ing in lockstep. But when history looks startling lack of awareness in many and drain the swamp. communities about the need to get What is Donald Trump’s reaction back on this chapter, on President tested. when he hears the truth? He fires the Trump’s purge of independent watch- Why aren’t Senate Republicans fo- people who have spoken it. What kind dogs during a time of national crisis, it cusing on these issues? These are life- of President is that? will not give credit to Senate Repub- and-death issues. They relate to peo- During normal times it is bad licans who let the President off the ple’s health and people’s lives, and they enough, but during a crisis, it is more hook with at most and only, at times, relate to our economy getting well. awful. The Inspector General of the In- a polite slap on the wrist. Why isn’t President Trump leading a telligence Committee delivered a whis- I yield the floor. nationwide push to increase testing ca- tleblower report to Congress as re- I suggest the absence of a quorum. pacity and frequency and awareness? quired by law. For this, it seems, he The PRESIDING OFFICER. The President Trump is so desperate to was fired. clerk will call the roll. reopen the country as quickly as pos- It was through the work of the HHS The legislative clerk proceeded to sible, but he refuses to roll up his inspector general the public learned call the roll. sleeves and do the work that would the extent of the Trump administra- Mr. BARRASSO. Mr. President, I ask allow us to do it safely. There is an tion’s failure to provide hospitals and unanimous consent that the order for anomaly here. He demands that people medical workers with testing, PPE, the quorum call be rescinded. get back to work but doesn’t do his and necessary personnel in the early The PRESIDING OFFICER. Without work to make sure we have testing, to days of the pandemic. She has been objection, it is so ordered. make sure there are guidelines, to fired too. HEROES ACT make sure this works correctly so that The inspector general for the Defense Mr. BARRASSO. Mr. President, I we don’t have a crisis a few months Department and the Transportation come to the floor today to discuss the from now. Department have been fired, as well, House Democrats’ $3 trillion spending House Democrats have put together a just as they were about to oversee spree. major bill that would provide urgent parts of the administration’s response The American people are at a point and necessary relief to the American to COVID. where they need a life preserver. In- people. My colleagues on the Repub- Now it is Mr. Linick who was looking stead, Speaker PELOSI has just thrown lican side don’t have to like everything into potential wrongdoing at the State them an anvil. in it. They could easily say: Let’s sit Department. It is absurd. Her COVID–19 proposal down and negotiate. Let’s find some The inspectors general are the watch- is pricey, partisan, and it is a pipe common ground. dogs for our Federal agencies, making dream. It is a bloated bonanza of all of

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.004 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE S2472 CONGRESSIONAL RECORD — SENATE May 18, 2020 her leftwing socialist projects. It The bill does want to seek to release lions—$1.25 billion—that have come to weighs in at over 1,800 pages, but there prisoners from ICE detention centers, so many States. And Wyoming—while is one glaring omission: House Demo- so NANCY PELOSI is focusing on that. there are a number of other States crats forgot to help fight the But there is no liability protection for smaller in size—got the lowest amount coronavirus. the small businesses that we need to of money. They haven’t spent it. They This bill is NANCY PELOSI’s socialist get to reopen the country. That is not are having a special session to decide Democratic dream, but it is a night- included in her bill. how to spend it. Some States may need mare for the American people. NANCY These mom-and-pop businesses in my more flexibility in spending it. But PELOSI needs a very serious reality State of Wyoming are facing an ava- NANCY PELOSI is trying to send out an- check. The far-left fantasy will never lanche of abusive lawsuits as they try other trillion dollars to States and to become law. It cannot pass the Senate. to reopen. The Wyoming legislature ac- cities. The country is trying to recover from tually addressed it in a special session As a Republican, I would say, from the coronavirus. People are stressed. on Friday. We need to address it as a the start, our focus has been on helping They are struggling. They are sacri- nation. people through the health and eco- ficing. They are suffering. They need The proposal that Pelosi has put out nomic crisis that is upon us. We want help to survive the crisis. abolishes State voter ID requirements to help the American people weather People have been living through 2 and overrides State voting laws. It is the storm. months of lockdowns to slow the all a part of her master plan for Fed- Now, when House Democrats say that spread of the disease. While the infec- eral control of State election laws. As NANCY PELOSI lays down a marker—as tion rate has finally started to flatten, a former attorney general, the Pre- she says—for future bipartisan talks, tragically, tens of thousands of Ameri- siding Officer understands clearly the in reality, Democrats are only weak- cans have already died. More than 36 importance of States having the pre- ening their position by betting big million people have lost their jobs. eminent role in the election process, against the American economic recov- People back home in my State of Wy- not the Federal Government. ery. That is what they are doing in the oming and people who, I am sure, are The Pelosi bill bales out the U.S. bill that they put together because the back home in the Presiding Officer’s Postal Service, and it funds something Pelosi bill includes specific what I be- home State of Missouri—people all that she calls environmental justice lieve are job-killing proposals—not across the country know what we need and does it to the tune of $50 million. things to help more Americans work to do. We need to get back to business How does that help in the fight of but things making it harder for Ameri- safely. We need this disease behind us. coronavirus? cans to get back to work. We need our communities back, and we The proposal takes good care of the This bill would slow the recovery by need it as soon as possible. marijuana industry—absolutely—even keeping millions of Americans on the Yet, as States reopen, incredibly, the though selling pot is still a felony in government payroll all the way into Democrats are exploiting and pro- most States. I don’t know how that 2021. The Presiding Officer has been a longing the Nation’s pain. Why? It helps in the fight against the leader in this fight about perverse in- seems to me they are trying to do it for coronavirus. centives that we see in some of the leg- political gain. No matter. The Pelosi plan gives the islation that has already passed. Joe Biden has called this deadly dis- cannabis business special access to cut- This bill, this fantasy island that ease ‘‘an incredible opportunity . . . to rate finance. In fact, her bill reads NANCY PELOSI is on, extends increased fundamentally transform the country.’’ more like a marijuana measure than a unemployment benefits so people could NANCY PELOSI agrees. The global out- pandemic package. That is because it make more money by not working than break, she said, is a ‘‘wonderful oppor- includes the word ‘‘cannabis’’ 68 by going back to work. Now, that tunity’’ according to the Speaker of times—more often than she mentions means as much as half of the workforce the House. She cannot let a crisis go to jobs, hiring—the important thing could earn more by not working than waste. I have seen the video of Hillary about getting our country open and by returning to work all the way into Clinton saying that you do not want a getting our communities back. 2021. crisis to go to waste. So what is NANCY This Democratic socialist Christmas So the Democratic socialists want PELOSI doing? She is wasting the list just goes on and on—and the astro- the businesses that are trying to re- public’s time on a proposal that does nomical price: $3 trillion. open and to rehire workers to compete not have a single chance in the world If enacted, this Pelosi package would with unemployment benefits until 2021, of becoming law. be the largest waste of taxpayer dollars until April of next year. The Demo- This bill really is a political payoff in U.S. history. It is the largest bill, fi- crats are proposing that these Amer- to NANCY PELOSI’s constituency and nancially, ever passed in Congress. For- ican businesses—instead of hiring 36 her allies. Look at the wish list. Top- tunately, it will never become law. million Americans who are out of ping the House Democrats’ $3 trillion Now, NANCY PELOSI must not realize work, they want to make it easier for liberal wish list is the great blue State that families all across America are them to hire illegal immigrants than bailout. It has $1 trillion to bail out having a hard time paying their bills, the Americans who are currently out of very badly mismanaged Democrat-run feeding their kids, paying the rent. She work. That is what she has set up in States and local governments, sanc- must not recognize that; otherwise, her scheme. tuary cities, one after another. The bill why would she put all of this money in The bill also raises taxes on strug- rescues underwater blue State pension all of these things—these priorities: gling small businesses. It mandates plans. It includes a tax cut to the payouts to sanctuary cities—how does paid family leave through the end of wealthiest 1 percent who live in those that help us fight the coronavirus?—fa- 2021 and removes a small business tax specific States—Illinois, New York, and vorable financing to the marijuana in- exemption. California. It is a windfall for wealthy dustry, tens of millions of dollars for It is as if Democrats don’t want the taxpayers in Democrat-run States. environmental justice. economy to reopen and don’t want peo- That is not all. The bill provides di- Keep in mind, much of the money ple to return to work. That is what I rect payments to illegal immigrants. from the bipartisan CARES relief pack- see when I read through the 1,800 pages. Apparently they forgot about that in age that Congress already passed, Before the pandemic hit, we had the last bill, so they put it in this one— money that has been appropriated, has record job growth, record low unem- direct payments to illegal immigrants. not yet been spent. In March, Congress ployment, and record-high consumer Astonishingly, there is not an addi- approved nearly $3 trillion in combined confidence. Now, unemployment is ap- tional dime for paycheck protection coronavirus aid. proaching the level of the Great De- funds, not for the small businesses that Lots of it has gone to States. My pression. we need to keep on the payroll, even home State of Wyoming just had a spe- The best way to help the 36 million though the paycheck protection plan cial session of the legislature this past people who are out of work is to reopen has saved 50 million jobs already in Friday-Saturday to see how we are our communities and reopen our coun- America. going to go ahead spending the bil- try. It is telling that House Democrats’

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.006 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE May 18, 2020 CONGRESSIONAL RECORD — SENATE S2473 $3 trillion bill includes no measures to for the fall. Every day, the needle is threshold for medical malpractice law- help Americans get back to work, no moving in a positive direction, but I suits. The Democratic Governor of New added support for hard-hit small busi- am worried that, without some protec- York, Andrew Cuomo, has issued an ex- nesses, and no protections for Amer- tions for these workers, these busi- ecutive order granting healthcare ican jobs. nesses, these churches, and these food workers immunity from civil liability. Congress will be considering pro- banks, we are going to reverse course Let me make sure people get this. The viding more virus aid in coming or stop them dead in their tracks. We Democratic Governor of New York has months and weeks. Any recovery legis- are already seeing lawsuits piling up issued an executive order granting lation will have to be targeted, tem- that claim somebody did this or did healthcare workers immunity from porary, and tailored to address the that in a corona-related incident. Un- civil liability. Again, this is not a blan- coronavirus emergency. fortunately, there is an economic in- ket immunity. There are exceptions for COVID–19 legislation must include centive to use as a cash cow the virus gross negligence and willful conduct. reasonable, responsible liability pro- that has infected some 1.5 million Tex- If limiting liability makes sense in tections for healthcare providers and ans, and we are setting up for what New York, then I think it certainly for employers, for the small businesses could be one of the biggest bonanzas in makes sense elsewhere. We need to pro- in our States, and it needs to promote history in terms of litigation. vide the same level of protection for economic jobs and growth. You had better believe that those healthcare workers all across the Now, Senate Republicans are focused who could find themselves on the re- United States so they can operate on reopening America. The American ceiving end of these lawsuits are tak- without fear of having to defend them- taxpayer can’t be asked to pay for ing notice. A recent survey by the Na- selves in lawsuits when they are doing items on Speaker PELOSI’s $3 trillion tional Federation of Independent Busi- their very best, in a time of crisis, to, socialist Christmas list. The American ness found that nearly 70 percent of in good faith, follow all of the appro- people need us to throw them a life pre- small business owners are concerned priate guidance. Yet we can’t stop server, not the anvil that NANCY about liability claims and that hos- there. We have to provide similar pro- PELOSI has thrown their way. pitals are cautious about resuming pro- tections for the workers, the busi- I yield the floor. cedures, like organ transplants or can- nesses, the schools, the nonprofits, and I suggest the absence of a quorum. cer biopsies, because they could get other institutions that are critical to The PRESIDING OFFICER. The sued as well. Even if you have done ev- our recovery. clerk will call the roll. erything the public health officials say Think about small business owners— The legislative clerk proceeded to you should do and even if you have ac- 70 percent of whom I know are worried call the roll. commodated every request that the about liability lawsuits, which is ac- Mr. CORNYN. Madam President, I President, the Governor, or the mayor cording to the National Federation of ask unanimous consent that the order has made, you could still be sued. Even Independent Business. Once they re- for the quorum call be rescinded. if businesses and hospitals follow all of ceive the green light to open their The PRESIDING OFFICER (Ms. the relevant guidelines and act in good doors, they have to make a very impor- ERNST). Without objection, it is so or- faith, they could end up fighting very tant decision: Is it worth the risk? dered. long and very expensive lawsuits. They Let’s say that you are a restaurant CORONAVIRUS could end up winning those lawsuits, owner who has gone through the CDC’s Mr. CORNYN. Madam President, but they could also end up going bank- newly released decision tree for res- after every natural disaster, after rupt in the process because defending a taurants and bars and that you are pre- every major emergency, there is al- lawsuit is not cheap. At a time when pared to implement all of the rec- ways a period of response—that initial we want people to focus like a laser on ommended health and safety actions as triage. Think about performing search reopening their businesses and refilling well as to monitor your staff. There is and rescue operations, providing med- these jobs, we can’t allow that incen- nothing stopping the first person who ical care, and setting up emergency tive for a lawsuit lottery to bleed our walks through the door from suing you shelters. You are moving quickly to health workers dry and deter our re- in a few weeks because one believes one complete these time-sensitive tasks to covery. contracted the virus at your res- get everyone to safety and minimize Congress needs to take action to pre- taurant. It is not just businesses that the loss of life. vent these opportunistic lawyers from are facing these types of decisions. Any At some point, though, you begin to using this crisis to make money and to, nonprofit organization or agency that transition to recovery—clearing the de- at the same time, hurt our economy serves the public is in a similar posi- bris, restoring power, rebuilding, and and hurt our recovery. Leader MCCON- tion, even if it has gone to great eventually trying to return to life as NELL and I and others are working on a lengths to comply with public health normal. As always, there will be a pe- proposal that would put commonsense recommendations. riod of transition between those peri- reforms in place and protect those who As our public schools, colleges, and ods in which you continue to focus on act in good faith from being sued into universities weigh decisions about re- the short-term response while you plan oblivion. I want to be absolutely clear opening this fall, liability protections for the longer term recovery. While we about the goals of this legislation. are going to play a major factor. Last face a much different type of crisis There is no effort to pass a blanket im- week, the Committee on the Judiciary today, I believe the same principles munity. There is no effort to protect held a hearing on liability protections. apply. bad actors who willingly put their pa- One of the witnesses we heard from was Our heroic healthcare workers con- tients, their employees, or customers Lee Tyner, who serves as the general tinue to respond to this virus on the in danger. What we are talking about is counsel for Texas Christian University frontlines. Our farmers, our ranchers, temporary and targeted liability pro- in Fort Worth, TX. In his testimony, our truckers, our grocery store em- tection for those who act in good faith Lee called this the ‘‘cliff problem.’’ He ployees, and food banks are ensuring and follow all of the relevant public said that this is what his University of people have food on their tables. The health guidelines and direction. Virginia law school professor used to mailmen, delivery drivers, waste col- First, we must protect the healthcare describe as being an uncertain standard lectors, and other workers in critical workers who are on the frontline of of care. A liability cliff is some sort of sectors are keeping the cogs of our so- this crisis. These men and women have line that would be catastrophic to ciety and our economy running, and made tremendous physical and mental cross. slowly but surely, recovery is hap- sacrifices while serving during this un- If you know where that cliff is, you pening too. precedented time, and we simply can’t are able to make good decisions about In Texas and other States across the allow them to be taken to the cleaners how far you are willing to go and what country, businesses are welcoming cus- by those who are looking for a payout. kind of risks you are willing to take, tomers through their doors for the first More than a dozen States have al- but if you do not know exactly where it time in a while. Parks are beginning to ready provided protections for is, then uncertainty will likely lead reopen, and schools are making plans healthcare workers by raising the you to avoid the area altogether. In

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.007 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE S2474 CONGRESSIONAL RECORD — SENATE May 18, 2020 this case, as Lee pointed out, our coun- families and gives peace of mind to the pay out benefits to grieving families try needs our colleges and universities first responders themselves in their but is limited by statute as to what it to walk toward the cliff but not to go knowing that their families will not be can do under existing law—hence, the over it, just as we need healthcare left destitute if tragedy is to befall importance of this legislation. workers, businesses, nursing homes, them. Simply put, this bill is a no-brainer. and nonprofits to do the same. Yet we Unfortunately, the Public Safety Of- I urge Speaker PELOSI to schedule a can’t ask them to do it blindly or in ficers’ Benefits Program wasn’t de- vote on SAFR as soon as the House re- the dark or without providing the signed to deal with a global pandemic turns to session. needed clarity so that they can manage of this type or magnitude that we were It is now my privilege to thank Sen- their risks. made aware of in the United States in ator BOOKER and to yield to my col- I think what is so different about late January. Under the existing stat- league from New Jersey, who worked this pandemic is that people get so ute then, to be awarded benefits, first so hard to get this done as well. much contradictory and conflicting in- responders had to be able to prove that Mr. BOOKER. Madam President, let formation from a variety of sources. they contracted COVID on duty. From me just say, right at the top, how Most of us know how to manage risk in the reports we get, it is kind of hard to grateful I am to stand on the Senate tell where one comes in contact with our lives, but it is hard to manage un- floor again with Senator CHUCK GRASS- it. So the last thing a grieving family certainty, and that is what we are ask- LEY. He has been one of the great part- ing the Senate and the Congress to do needs to be worried about then, after ners I have had in my short time in the is to provide some certainty in the experiencing the loss of a loved one, is Senate, and I am honored to have got- midst of this uncertainty. These work- whether the family will be able to suc- ten a lot of good work done and good ers and institutions are critical to cessfully prove that its loved one con- law passed. I thank him and his entire helping our response and recovery tracted COVID in the line of duty and staff. They were all tremendous to move forward, and we can’t ask for or that it qualifies for the loss of life work with and went above and beyond expect them to make decisions without under the 1976 law. for us to get this done at a very quick Almost as soon as the nationwide having some level of certainty. They pace. I thank our colleagues for acting stay-at-home order was instituted, I need to know with confidence that, if with the urgency that this issue de- began working with Senator BOOKER to they are operating in good faith and mands. obeying the public health and other craft language to create a presumption I am excited that this bill was able to government guidelines, that they will that would allow families to receive pass, for it will ensure that the fami- not inadvertently step over the edge of benefits without having to prove that lies of first responders who lose their the cliff and find themselves in free their loved ones contracted a deadly lives to the coronavirus will be taken fall. virus on duty. Senator BOOKER and I care of under the Public Safety Offi- I yield the floor. were determined to get this done as The PRESIDING OFFICER. The Sen- soon as possible because we understood cers’ Benefits Program. We expect now ator from Iowa. that families who have lost loved ones that over 100 of these death benefit claims will be submitted to the Depart- SAFEGUARDING AMERICA’S FIRST RESPONDERS will soon begin filing for benefits. We ment of Justice in the coming days and ACT know that the number is about 100 at Mr. GRASSLEY. Madam President, I this point. weeks, and we cannot leave these come to the floor to discuss a piece of Our bill is entitled ‘‘Safeguarding grieving families to fight alone for the benefits they need and deserve. As Sen- legislation that Senator BOOKER and I America’s First Responders Act,’’ or worked on to help public safety offi- SAFR, pronounced ‘‘safer’’ for short. ator GRASSLEY very pointedly put it, cers. The bill was introduced on May 5, we hope that the House of Representa- Since the COVID–19 pandemic began, which was 1 day after the Senate re- tives will pick up this legislation for over 100 first responders have lost their turned to session. immediate consideration. lives to this virus. Unlike the rest of This bill is the product of several While COVID–19 has changed daily us, these brave men and women, by the weeks of friendly negotiations and life across this country, for so many of very nature of their work, haven’t been input from fire groups and police us, I am grateful that my colleague and able to stay home or social distance. In groups. The bill garnered a total of 22 so many of my colleagues understand firehouses across the country, fire- bipartisan cosponsors, including the that our firefighters, our EMTs, our po- fighters have had to continue sharing entire New York and New Jersey dele- lice officers, and our other emergency confined spaces and respond to emer- gations. Last Thursday, the Senate service personnel continue to put their gencies in cramped trucks. Police offi- unanimously passed our bill. It now is lives on the line to protect our commu- cers have had to continue to respond to in the House, where we hope it will re- nities and have done so at significant 911 calls and also interact with the ceive immediate consideration. I know and increased risk to themselves and public in very close quarters. While our colleagues in the House are deeply their families. most of us are avoiding COVID at all concerned about our first responders, In hard-hit areas across our Nation, costs, State and county EMT crews and I would expect this to have a suc- we see first responders stepping up to have been transporting the infected cessful effort over there. I have been enormous risk. Being a first responder and others to hospitals for emergency working with Congressman PASCRELL during this pandemic is not a job; it is care. and others on several other reforms for an all-consuming mission and, unfortu- While I am inspired by the bravery of the Public Safety Officers’ Benefits nately, a tremendous sacrifice. It is re- these first responders, I am not at all Program, so I think it has been well re- sponding to a call and knowing that, surprised by the actions they take to ceived over there by some outstanding just by stepping inside someone’s protect the people they serve. First re- people who can carry it to victory. home, you are running a high risk of sponders always answer the calls to ac- There is no excuse for this bill not to exposing yourself to the virus. It is tion, selflessly placing others before receive a vote as soon as possible. It is wondering whether your personal pro- themselves. So, in recognition of the the only bill of its kind that has the tective gear—or PPE—that you have many sacrifices they make, Congress support of the International Associa- on is enough. In many cases, it is won- established the Public Safety Officers’ tion of Firefighters, of the Inter- dering whether your PPE is even real, Benefits Program a long time ago, in national Association of Fire Chiefs, with there being so many of our first 1976. This law provides first responders and of several State and Federal police responders, unfortunately, using what- with onetime payments if they die or groups. It was coauthored by Senator ever they can scrounge up. Whether it are totally disabled on duty. BOOKER and features the support of 11 is the buying of foreign masks that are Let me be very clear. Nothing can Democrats and 10 Republican Senators not designed for use in the United ever put a family back together who as original cosponsors, including the States or the buying of them from un- has lost a loved one, but the Public Senate minority leader. SAFR, this known vendors, they are doing what Safety Officers’ Benefits Program pro- bill, also has the support of the Depart- they can to protect themselves as they vides some economic relief to grieving ment of Justice, which stands ready to go about their urgent mission.

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.008 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE May 18, 2020 CONGRESSIONAL RECORD — SENATE S2475 When they remove their PPE, there straightforward, when the first re- Officer Roberts contracted COVID–19 is a concern with their gloves or gog- sponder came into contact with a dirty in the line of duty in April and was gles or gown as they take them off needle, for example, and then was in- rushed to Mountainside Medical Center piece by piece. They strain to remem- fected by something that caused their after being resuscitated in his home by ber what they touched, washing their death. his fellow officers and members of the hands repeatedly but wondering and The problem with COVID–19 is that it volunteer ambulance squad. On May 11, worrying if it is enough. When per- presents an entirely different chal- Officer Roberts passed away at the age forming lifesaving procedures like lenge. While the Department of Justice of 45. CPR, which may aerosolize the virus, works to ensure that families who have Last week, hundreds of residents of you hope that the PPE you are wearing members who are killed by COVID–19 his town of Glen Ridge stood on their is enough to protect you. These are the are covered, we must eliminate the in- front lawns and sidewalks to pay trib- daily, hourly, moment-by-moment con- stances when families are asked to ute to Officer Roberts’ life, his service, cerns our first responders have. prove what is unprovable, to prove that his love of community and family. Senator GRASSLEY has worked with somehow they caught this while they In a New York Times article pub- first responders in so many ways, and were in the hours of their duties. This lished after his passing, many of Offi- he knows the challenges this brings, is why our bill makes urgently needed cer Roberts’ colleagues and neighbors from having to meticulously clean changes to the PSOB program to re- shared stories about his kindness and every surface of an ambulance, clean- flect the unique threat that COVID–19 his calm demeanor in the face of chal- ing the squad houses, police stations, poses to first responders in putting lenges. Quoting from the article: knowing that the virus could be lin- their lives on the line in this crisis. There was the couple who remembered how gering there, and when they are going Many first responders have already calm he was when he helped deliver their baby in their kitchen. home, undressing in the basement, ga- made the ultimate sacrifice. I am so There was the older woman, forever grate- rage, or even outside their homes, grateful that Senator GRASSLEY men- ful for the gentle way he held her hand when heading straight into the house for a tioned that. In New Jersey alone, 29 she broke her hip and they waited for an am- shower but still worrying if it is first responders have lost their lives to bulance. And there was the father who strug- enough to protect their family. coronavirus just in the past 7 weeks. gled with a difficult son and remembered We know that many of these first re- We know this crisis is ongoing in our how Mr. Roberts looked him in the eye and sponders aren’t actually going home to country. reassured him that his boy was a good kid. their families. They are separating The bill that CHUCK GRASSLEY and Officer Roberts’ father shared at his themselves for periods of time because our team wrote creates a presumption memorial that he ‘‘wanted to make they live in fear of spreading the dis- that, if a first responder contracts others happy.’’ ease to a spouse, child, or parent. COVID–19 during this pandemic and Israel ‘‘Izzy’’ Tolentino served in the There is emotional stress and strain tragically dies, their death will be U.S. Marine Corps before becoming a when responding to a call, doing every- treated as a line-of-duty death without volunteer EMT and then a firefighter thing they can to save someone from the need to affirmatively prove their for the City of Passaic, NJ. Izzy con- this virus. But we know our first re- illness was contracted while on the job. tracted COVID–19 in the line of duty sponders are often seeing death in When this bill is passed by the House and on March 31 passed away at the age areas of the country at a rate and at and signed by the President, this pre- of 33, the first New Jersey firefighter to levels that they have never experienced sumption will be retroactive to Janu- be killed by the virus. Israel is survived by his wife, Maria, before. This all adds to the fear and ary 1, 2020. It will last until the end of and their two children, daughter anxiety, the worry about their fami- 2021. The bill ensures that the families Ailani, age 9, whom he called his prin- lies, and the worry about their commu- of first responders have the support cess and his son Israel, age 7, whom he nities. they need and deserve when they face called his best friend. Our first responders are doing what unimaginable loss. I would like to share a few words very few of us will ever have to do. Twenty-seven years ago, New from an NJ.com article published in They put their lives, their health, and Jerseyan John Careccia watched as two the wake of Izzy’s passing. often the health of their families on EMTs saved his son’s life. That same Israel Tolentino was born to be a fire- the line to protect their communities. year, he became a volunteer EMT so fighter. They have always helped, but now, in that he could pay it forward. Since It wasn’t out of love of the uniform, the time of coronavirus, their sac- then, he has worked as an EMT and though Tolentino beamed with pride every- rifices are intensified. served as the chief and training direc- day he walked out wearing the Passaic Fire The very least we can do is to ensure tor at the Woodbridge Township Ambu- Department emblem. It wasn’t even out of a that they don’t have to worry about lance and Rescue Squad in Woodbridge, mountain of bravery or a penchant for run- ning towards the flames. what will happen to their loved ones if NJ. It was, his wife Maria Vasquez said, be- something should happen to them. The John passed away on April 17, after cause he couldn’t help but be selfless. Public Safety Officers’ Benefits Pro- contracting COVID–19. He is survived ‘‘It fulfilled his urge to serve others,’’ said gram that Senator GRASSLEY men- by his children, Toni, Roseanne, and Vazquez, his wife of more than 10 years. ‘‘He tioned was created to provide death John, and his 10 grandchildren. was so selfless. It drew me closer to him. It and disability benefits to families of John’s loved ones shared in his obit- drew everyone closer to him.’’ law enforcement officers, firefighters, uary that he ‘‘will be remembered for These are only 3 among the 29 heroes EMS, and other first responders who his contagious laugh, big heart and just from New Jersey. There are count- are killed in the line of duty. Their greeting you with ‘hey guy.’ He loved less more first responders across the benefits come in the form of financial to spend time with his family and al- country who lost their lives in respond- support, as well as educational scholar- ways had a story to tell. His favorite ing to this crisis. Some of their names ships, for surviving spouses and chil- place to eat was the Reo Diner. He al- we know, and some we will learn in the dren. ways chose to bring a chocolate cream weeks and months to come. What we do As Senator GRASSLEY said, it cannot pie for his dessert contribution to any know is, we owe it, as a nation, to their replace the life that is lost, but it is family gathering.’’ families and to the departments they something that could give comfort to His family asked that in lieu of flow- served to be there for those families those families and even to the first re- ers being sent, ‘‘John would hope that and to be there for those children. sponders who themselves are being put you will perform an unexpected act of Their families and the families of all in grave danger. kindness for someone in his name.’’ first responders across the country who Infectious disease is currently cov- Charles ‘‘Rob’’ Roberts joined the have lost loved ones to this virus de- ered under the program, though the of- Glen Ridge, NJ, Police Department in serve to be taken care of. For their ficer’s family or department is required 2000. He lived in Glen Ridge with his sake, I hope the House of Representa- to provide evidence that the disease wife, Alice. Together they raised their tives will act quickly to pass this legis- they contracted occurred while on three children, Shea, Natalie, and lation and that the President will sign duty. Providing that evidence can be Gavin, right there in Glen Ridge. it into law.

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.016 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE S2476 CONGRESSIONAL RECORD — SENATE May 18, 2020 Our first responders in this unprece- early and have persisted, including re- So farmers are going to be cut off. dented global pandemic did not hesi- duced snowpack, precipitation, and Ranchers are going to be cut off. We tate or equivocate. They did their minimal streamflow.’’ In other words, need, here in Congress, to come to duty. They stood up and faced danger. this is a perfect storm of challenges. their aid. The basin and its 1,200 farm- They answered the call. We now must The Governor went on to say that ers are in deep trouble. answer the call, and we must have ‘‘the long-term forecast for the region The impacts don’t just stop with their backs just as they had ours. continues for warmer than normal them. It will be felt up and down the I yield the floor. temperatures and lower than normal economy. With no crops to harvest, our The PRESIDING OFFICER. The Sen- precipitation.’’ There has been nothing food chain takes a big hit. The workers ator from Oregon. in the 2 months since she said that who usually harvest these crops aren’t KLAMATH AREA DROUGHT which has reversed that course. going to have jobs to go to. Local busi- Mr. MERKLEY. Madam President, at As of last Friday, the snowpack in nesses that supply things like seed and this moment, Americans everywhere the Klamath region, the natural res- fertilizer and farm equipment, well, are confronting unprecedented chal- ervoir that replenishes the lakes and they are hit hard too. lenges and uncertainties as we con- streams providing water for the irriga- So the farmers and the community— tinue to grapple with the coronavirus tion system for the summer, was just the economic community—need our pandemic and the associated economic 28 percent of normal. help, and they need it now. The worst implosion. You can get some sense of how bad thing we can do is stand by and say That is not all that is going on across the drought is this year by looking at that, in these times of trouble, we the country. Although some of the the historic numbers on this chart. aren’t here to help. challenges we face are quite severe, This is one way of presenting it. We That is why, tomorrow, I will be in- they are just getting drowned out by can see deliveries that are coming to troducing a bill that will give the Bu- the daily news about the pandemic. the Upper Klamath Lake project, and reau of Reclamation flexibility and au- But imagine being a family farmer in the blue lines are the more normal thority to utilize the $10 million a year the midst of this crisis. You have al- years. Then we have the worst ever that has been previously authorized ready faced any number of challenges drought of 2001. Then we have the ter- and appropriated to work with the in recent years—low commodity prices, rible drought of 2010, and here we are farmers and the basin’s ranching com- tariff wars—only to face the greatest with this year’s drought deliveries munity. health and economic disaster any of us forecast to be essentially the same as Now, this money, as I mentioned, has have experienced in our lifetime. Then, 2001. already been authorized. It has already when you thought nothing else could In 2001 there was a water war in Or- been appropriated. So why should I go wrong, something else does go egon. Some of you may remember that need to introduce a bill? Well, the an- wrong. You have to face a severe there was a bucket brigade to take swer is, a lot of bureaucratic redtape. drought. Twelve hundred farms in the water out of a canal ditch or to put In 2018, Senator WYDEN and I worked Klamath Basin in Oregon and Cali- water into the canal ditch. There were here and GREG WALDEN worked on the fornia don’t have to imagine this situa- protests. There was great anger and House side—the congressman who rep- tion because they are living through it frustration. Since then, in 2010, though, resents this district—and we got a con- as we speak. we had worked out partnerships be- cept into the Water Resources Develop- The Klamath Basin is sometimes re- tween the competing constituencies. ment Act, the WRDA bill, and it ferred to as the ‘‘Western Everglades,’’ They worked together to try to develop passed. That bill passed. an area rich with agricultural re- a plan for the region so that when cri- It went to the Oval Office. It had sources and exceptional populations of sis hit, they could be in partnership President Trump’s support. But, after wildlife. This basin attracts 80 percent rather than in conflict. the bill was enacted, the lawyers at the of the Pacific Flyway’s waterfowl and So 2010 didn’t end up to be national Bureau of Reclamation said: We are supports the largest overwintering pop- news like 2001. Well, I am here tonight sorry. The language we gave you isn’t ulation of bald eagles anywhere in the to say that part of that partnership quite right, on further examination, lower 48 States and is home to some of was working with the Federal Govern- and we can’t release these funds. the country’s most productive salmon ment intensely to provide assistance, So, last year, Senator WYDEN and I river systems in the country. It is also home to 1,200 family-owned to provide assistance in funding that were able to work again in partnership farms of different sizes, encompassing would help retire or disconnect the use with Congressman WALDEN, and in July some 200,000 acres of farmland. That of water rights for a given year and to 2019 we passed language here in the farmland is irrigated with water from pump water out of the ground—use Senate to fix this. both the tributaries of the Klamath groundwater—which is very expensive. Well, OK. That is great, except that River and Klamath Lake. Those who The Klamath Water Users Associa- bill didn’t make it through the House. are familiar with the basin will know tion says that, typically, 350,000 acre- That technical corrections bill never that the water is essential to the feet of water is needed to fully irrigate made it to the Oval Office. health of the river, the health of the the basin. Now, at the beginning of this So there is $10 million out there—au- lake, the wildlife in the refuge, and the season, farmers were told they would thorized, previously appropriated—that economic success of the ranchers and get a fraction of that, maybe 140,000 needs a technical fix to be able to help farmers. acre-feet of water. out our farmers and ranchers right In many years, there is enough water So they went to work with that in now. Now, I am not saying to all of you to address all of these needs, but in mind. They have to charge the canals, that this will be enough help in this in- other years, such as this year, 2020, get initial water into the canals to pre- credibly horrific drought year. We may there isn’t enough water to go around. pare for planting, prepare for the water well need significantly more, but at So when there is a dry year with less that would come with summer. And least this first step should be taken water in the lake and river, it is bad they used about 25,000 of that 140,000 right away. for everyone—bad for the refuge, the acre-feet. That is the bill I will be introducing river, the lake, and it is a horrific chal- But there was less water even than tomorrow with the full support, again, lenge for our ranchers and for our anticipated, unexpectedly low inflows of my partners in this effort: Congress- farmers. from the snow pack—not enough snow, man WALDEN and Senator WYDEN. This year, 2020, isn’t just a dry year; and it melted too fast. Farmers and ranchers need help, and it is ‘‘as difficult a year as anyone So, now, it is not 140,000 acre-feet; it they need it now. This is not a silver could have imagined,’’ according to is 80,000, again, putting it on par with bullet, but it is something easily with- Jeff Nettleton, Area Manager of the 2001 that generated so much tension in our reach. Let’s do these simple Bureau of Reclamation, Klamath Basin and conflict and anxiety. That means things that are within our reach: area office. that just 55,000 acre-feet remain. Com- Money that has been authorized, As Governor Kate Brown put it back pare that to the typical 350,000 needed money that has been appropriated, in March, ‘‘Drought conditions arrived to fully irrigate the basin. money that hit a technical glitch at

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.017 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE May 18, 2020 CONGRESSIONAL RECORD — SENATE S2477 the Bureau of Reclamation—let’s fix it doesn’t go to a restart or a recovery. Every day, we witness local, State, and get help right now to idle land and What does it do? It goes to, How can we and Federal Government officials to pump water to provide assistance. use this crisis to grow government? struggling to balance the provision of I thank all my colleagues who helped How can we use this crisis to take community health with the needs of a so much in 2010 when I came to this away a little bit more of your freedom? struggling economy. Often, regulatory floor under similar circumstances and Last week, House Democrats passed a constraints prevent them from imple- we gave unanimous consent for this $3 trillion spending package that they menting the more agile policies so des- bill. Congressman WALDEN came down used as a vehicle for a lot of their pet perately needed by local businesses and the hallway to vouch for the issues we projects. We have all heard about it: service providers. were facing, so we were hearing bipar- pension bailouts, unsustainable envi- Last week, I and a number of my col- tisan representation of the challenges ronmental mandates, fundamental leagues asked Majority Leader MCCON- and addressing the challenges that our changes to tax policy, all of these line NELL and Minority Leader SCHUMER to ranchers and farmers in Klamath Basin items that have no business being include statutory changes in the next faced. slapped on the coattails of a bill that round of relief legislation that would That is all we are doing again. I ask was sold as being a safety net for pan- reduce the redtape, the paperwork, and for each and every Member’s support icked Americans. the other requirements that could and that we get this done and we get it You will be relieved to know that will inevitably get in the way of eco- done quickly. that bill will never see the light of day nomic recovery. I yield the floor. here in the Senate. But, you know, it If we take a hard look at these regu- I suggest the absence of a quorum. might not be a bad idea just to put it lations and strip away those that serve The PRESIDING OFFICER (Mr. on the floor and see if our friends no real purpose, we will save businesses BOOZMAN). The clerk will call the roll. across the aisle want to vote for it—$3 an estimated—get this—$1.9 trillion, The senior assistant legislative clerk trillion, $3 trillion. promote competition, and encourage proceeded to call the roll. It is disrespectful to people who are investment. That is $1.9 trillion. That Mrs. BLACKBURN. I ask unanimous hurting. It is disrespectful to small is what the regulatory state costs consent that the order for the quorum businesses that they have become a American businesses. call be rescinded. bargaining chip for the Democratic, To survive the pandemic, each and The PRESIDING OFFICER. Without left-leaning socialist wish list. That is every one of us is going to have to re- objection, it is so ordered. what they think of you. When you walk examine our approach. We need to ask CORONAVIRUS down Main Street and you see shut- ourselves: What is the purpose of all Mrs. BLACKBURN. Mr. President, I tered businesses, I want you to remem- the regulations? Do they help? Do they have just returned from being in Ten- ber that. That is what they think of hurt? If we didn’t need it in COVID–19, nessee this weekend and lots of phone you: They can use you to get what they why do we need it now? What is the ac- calls, seeing a lot of people out and want. tual cost to businesses, to commu- about. I will tell you, this COVID–19 In fact, I will say this. We have been nities, to local governments of these has changed a lot about how we go pretty busy focusing on bipartisan ef- regulations? As companies go through about our daily lives, but it has not forts that will help in the short term the restart, is this something that is changed the way Congress works out and will help with a postpandemic fu- going to speed the process or is it its differences. We are still arguing ture, something that will really bring something that is going to slow the about spending and debt. We are still relief and clarity to the American peo- process, or is it something that is debating the importance of federalism ple—not things like a liberal wish list. going to be so cost-prohibitive that that small business manufacturing and how the Constitution can help us SECURING AMERICA’S MEDICINE CABINET ACT company will just throw their hands up determine what we can and should do Mr. President, here is one I have and say: ‘‘I give up. I give up’’? That is on a Federal level to help our commu- heard a lot about, especially this week- not what we want. That is not recov- nities back at home. end, for all the moms and dads out ery. That is not optimism. That would Now, in Tennessee, our cities all there who are wondering about how across the State, from one corner to be defeat. I encourage us all to join in safe their child’s image and their this effort to create an environment another, are getting back to that daily child’s data are in the virtual class- that will support a full economic recov- routine. Many of those businesses were room. Well, this is something that I ery. able to improvise their way through had lots of questions about also. How I yield floor. the early weeks of lockdown, and now do you protect your virtual you? CLOTURE MOTION they are finding what they are calling Last week, I led a bipartisan group of The PRESIDING OFFICER. Pursuant their new normal, their new processes. my colleagues and asked the FTC to do to rule XXII, the Chair lays before the Some of them received emergency a deep dive into how the tech industry Senate the pending cloture motion, loans from the SBA. Others became one collects and stores your child’s data which the clerk will state. of the more than 80,000 small busi- and to use that information to make The legislative clerk read as follows: nesses and self-employed workers who children’s online privacy protections CLOTURE MOTION were able to take advantage of the stronger. We, the undersigned Senators, in accord- Paycheck Protection Program. Let’s make certain you can protect ance with the provisions of rule XXII of the But no matter how hard they work or them in the virtual space the same as Standing Rules of the Senate, do hereby how smart their plans are, we know you can in the physical space. My bi- move to bring to a close debate on the nomi- that, in the end, we are going to lose a partisan SAM–C bill, which Senator nation of Scott H. Rash, of Arizona, to be lot of our favorite neighborhood stops. MENENDEZ and I have introduced, United States District Judge for the District It is tough. It is really tough out there. would offer incentives to American of Arizona. Some of those businesses are already pharmaceutical companies to bring Mitch McConnell, Chuck Grassley, Joni gone. And that is going to happen in Ernst, John Barrasso, Deb Fischer, those operations back home. John Cornyn, Roger F. Wicker, Roy spite of the unprecedented investment Let’s make that in America. This Blunt, John Thune, Rob Portman, that the Federal Government, working would create thousands of jobs, and it Shelley Moore Capito, Steve Daines, with our State and local governments, would help secure our pharmaceutical Lindsey Graham, Pat Roberts, Cindy has made into our business and our supply chain. Hyde-Smith, Richard Burr, Mike healthcare sectors, making certain We are focusing on these things be- Crapo. people are able to stay afloat and cause recovery is going to require more By unanimous consent, the manda- bridging from that rescue to a business than a blank check. If we want to be tory quorum call has been waived. restart and bridging on to recovery. successful, we have to learn to recog- The question is, Is it the sense of the Well, as we saw this week, the more nize the practical damage this disease Senate that the nomination of Scott H. Washington spends, the more Washing- has inflicted on our economy and then Rash, of Arizona, to be United States ton’s focus drifts away from emergency do something to address the many root District Judge for the District of Ari- measures and that rescue, and it causes of it. zona, shall be brought to a close?

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.010 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE S2478 CONGRESSIONAL RECORD — SENATE May 18, 2020 The yeas and nays are mandatory Tom’’ in Oklahoma, but in Washington embraced my inner Tom Coburn and under the rule. he was called ‘‘Dr. No’’ because of his took action, putting forward a bill to The clerk will call the roll. fierce opposition to adding more red end Washington’s year-end, use-it-or- The legislative clerk called the roll. ink to the national debt. lose-it spending sprees. Mr. THUNE. The following Senators Having served just 10 years in the Folks, Tom Coburn was not afraid to are necessarily absent: the Senator Senate before retiring in 2019, the year work across the aisle to find com- from Tennessee (Mr. ALEXANDER), the I was elected, I never had the honor to promise without compromising his Senator from North Carolina (Mr. serve alongside Dr. Coburn. Nonethe- principles or values. There is no better BURR), the Senator from Kansas (Mr. less, his leadership and his efforts to example than the friendship he struck MORAN), the Senator from South Da- eliminate government waste and over- up with President Obama. The two kota (Mr. ROUNDS), and the Senator reach continues to be an inspiration to were elected to the Senate the same from Florida (Mr. RUBIO). me and to many others. year, and they were on opposite sides Further, if present and voting, the ‘‘If you cannot find waste in any part of nearly every major issue during Senator from Tennessee (Mr. ALEX- of the Federal budget,’’ he once com- their time in Washington. Yet Dr. ANDER) would have voted ‘‘yea,’’ the mented, ‘‘it can only be for one rea- Coburn would regularly call to offer en- Senator from Florida (Mr. RUBIO) son—you haven’t looked.’’ Many of the couragement to President Obama and would have voted ‘‘yea,’’ and the Sen- outlandish examples he exposed are pray for him and his family. The two of ator from Kansas (Mr. MORAN) would now what I call legendary. Take, for them could even be spotted hugging have voted ‘‘yea.’’ example, the shrimp on a treadmill, and laughing together at the State of Mr. DURBIN. I announce that the and of course there was the ‘‘bridge to the Union Address. Senator from Ohio (Mr. BROWN), the nowhere.’’ At a time when the focus too often is Senator from Maryland (Mr. CARDIN), Every Federal agency in Washington on what separates rather than unites the Senator from Vermont (Mr. feared the notoriety of being called out us, these are relationship goals we LEAHY), the Senator from Massachu- in Dr. Coburn’s annual report of gov- should all aspire to achieve with one setts (Mr. MARKEY), the Senator from ernment excess known as the waste another if we hope to tackle the un- Michigan (Mr. PETERS), the Senator book. He led the fight that ended con- precedented problems now facing our from Vermont (Mr. SANDERS), and the gressional earmarks that were known Nation. Senator from Rhode Island (Mr. WHITE- as pork projects. While others got cred- Our hearts and prayers are with Dr. HOUSE) are necessarily absent. it for creating new government pro- Coburn’s wife Carolyn and his daugh- The PRESIDING OFFICER. Are there grams, Dr. Coburn took on the thank- ters and grandchildren as they grieve any other Senators in the Chamber de- less job of trying to unravel the maze his loss. While he can never be re- siring to vote? of duplicative, overlapping programs placed, we can all take comfort know- The yeas and nays resulted—yeas 67, and redundant and inefficient bureauc- ing Tom Coburn has made this world a nays 21, as follows: racy. better place and that the legacy he left [Rollcall Vote No. 93 Ex.] The law he authored requiring the behind endures through many of his YEAS—67 Government Accountability Office, or staff members as well, such as Roland GAO, to identify duplication within Baldwin Fischer Perdue Foster, who is now on my staff. The Barrasso Gardner Portman Federal programs has saved our tax- legacy he left behind endures and the Bennet Graham Risch payers more than $260 billion to date. I crusade he championed continues. Blackburn Grassley Roberts think the head of GAO said it best; Mr. President, I yield the floor to my Blunt Hassan Romney Boozman Hawley that this law is ‘‘the gift that keeps on colleague from Indiana. Rosen giving, and it will for a long time.’’ Braun Hoeven Sasse The PRESIDING OFFICER. The Sen- Capito Hyde-Smith Scott (FL) This effort is not just saving money; it ator from Indiana. Carper Inhofe Scott (SC) is making government more efficient Mr. BRAUN. Mr. President, I thank Cassidy Johnson Shaheen Collins Jones in other important ways. Senator ERNST for that beautiful testi- Shelby Coons Kaine An egregious example found that as a mony to Senator Tom Coburn. Cornyn Kennedy Sinema result of Coburn’s duplication law, Smith While I was running for Senate, I was Cortez Masto King there are 10 different agencies with 23 Cotton Lankford Sullivan often asked who my heroes were in the Cramer Lee Tester different overlapping and fragmented U.S. Senate. The first name that al- Crapo Loeffler Thune definitions for sexual violence. If we ways came to mind was Dr. Tom Cruz Manchin Tillis can’t even define the problem, how are Coburn. Daines McConnell Toomey Duckworth McSally Warner we going to stop it, folks? That is why As a legislator, Dr. Coburn was a Enzi Murkowski Wicker I am proud to say that I have joined force of nature. As a conservative stal- Ernst Murphy Young Senator RON JOHNSON’s efforts to clar- wart who stood by his principles—no Feinstein Paul ify the definition of sexual violence matter the pressure—and with whom- NAYS—21 and improve data collection so that we ever would stand with him, regardless Blumenthal Heinrich Schatz can address this issue head on. of party, Dr. Coburn’s entire career was Booker Hirono Schumer Another law Coburn authored with a profile in courage. He believed so Cantwell Klobuchar Stabenow none other than then-Senator Barack Casey Menendez Udall strongly that America’s best wisdom Durbin Merkley Van Hollen Obama put all Federal expenditures on- wasn’t held on Wall Street or Pennsyl- Gillibrand Murray Warren line so that taxpayers could simply vania Avenue but on Main Street, Harris Reed Wyden Google to find out how their tax dol- among the small business owners, doc- NOT VOTING—12 lars are being spent. Hailed as the tors, families, and workers who really Alexander Leahy Rounds greatest government transparency re- keep our country going. Brown Markey Rubio form since the Freedom of Information Dr. Coburn blasted a path for con- Burr Moran Sanders Act, the public website, servative outsiders to take on Wash- Cardin Peters Whitehouse USAspending.gov is helping to keep ington orthodoxy on everything from The PRESIDING OFFICER. On this Washington accountable for how every national debt to term limits, to our vote, the yeas are 67, the nays are 21. cent is spent. If you go on the website broken healthcare system, and his ca- The motion is agreed to. today you can find ridiculous examples reer was an inspiration for me to leave The Senator from Iowa is recognized. of binge-buying bureaucrats who are my business and run for the Senate. REMEMBERING TOM COBURN ringing up tens of billions of dollars of His bedside manner was often Ms. ERNST. Mr. President, in March, last-minute, unnecessary purchases at brusque, but on the tough issues, like our country lost a great statesman and the end of a fiscal year, splurging on any good doctor, Tom Coburn told peo- my fellow ‘‘squealer,’’ former Senator unnecessary things like tons of Tater ple what they needed to hear, not what Tom Coburn of Oklahoma. A family Tots, $4.6 million on crab legs and lob- they wanted to hear. physician who delivered more than ster, and even a foosball table. When I To Dr. Tom Coburn, our towering na- 4,000 babies, he was known as ‘‘Dr. heard of this outlandish spending, I tional debt was not just a thorn in

VerDate Sep 11 2014 00:17 May 19, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G18MY6.014 S18MYPT1 SSpencer on DSK126QN23PROD with SENATE May 18, 2020 CONGRESSIONAL RECORD — SENATE S2479 America’s side; it was a supreme moral He was more than just an inspiration provisions and require the disclosure of failing. As one of the few true fiscal for me and other conservatives to leave relevant information. On vote No. 90, hawks in recent decades, Senator the private sector and shake up busi- had I been present, I would have voted Coburn wore the nickname ‘‘Dr. No’’ as ness as usual in DC. He was one of the yea. a badge of courage, understanding that greatest Senators, most effective prob- f there is nothing commendable about lem-solvers, and most important con- NATIONAL FOSTER CARE MONTH spending our grandchildren’s money servative voices of our time—the great just because we will not be at the table outsider. Mr. WYDEN. Mr. President, each when the bill comes due. I yield the floor. year, I look forward to National Foster If there is one thing that could fix The PRESIDING OFFICER (Mr. SUL- Care Month as an opportunity to honor Washington more than any other, it is LIVAN). The majority leader. the more than 440,000 children and strict term limits and more account- ORDER OF PROCEDURE youth in foster care nationwide. It is also an opportunity to honor the foster ability for Congress. Inspired by Dr. Mr. MCCONNELL. Mr. President, I Coburn, I made my pledge to only serve ask unanimous consent that notwith- and kinship families and child welfare two terms a fixture of my campaign standing the provisions of rule XXII, workers who support them. and am following his example by refus- the postcloture time on the Rash nomi- This year, in particular, the impor- ing to accept a congressional pension nation expire at 11:45 a.m. tomorrow; I tance of supporting the children, when I leave. further ask unanimous consent that youth, families and skilled workers in Last year, my bill to make pensions notwithstanding the provisions of rule the foster care system has been under- for Congress optional passed the Sen- XXII, the cloture vote on the Trainor scored by the devastation of the ate, putting us one step closer to get- nomination occur at 2:30 p.m. tomor- COVID–19 pandemic. It is essential that ting rid of this outdated, taxpayer- row; further, I ask unanimous consent Congress not only honor those who funded perk altogether. that if cloture is invoked on the give and receive care as part of this No Budget, No Pay, a bill Dr. Coburn Trainor nomination, the postcloture system, but also those who take mean- championed in the Senate, was the time expire at 4:30 p.m.; finally, if any ingful action to protect families, chil- first bill I introduced after taking of- of the nominations are confirmed, I ask dren, youth, and workers from the fice. It is a simple measure: Congress unanimous consent that the motions to spread of the virus. In my home State of Oregon, more doesn’t need a paycheck until they reconsider be considered made and laid than 11,000 children and youth enter pass a budget. I am proud to say it has upon the table and that the President foster care in a given year, and about now cleared committee thanks to the be immediately notified of the Senate’s 7,900 children and youth are living in work from fellow conservative out- action. out-of-home placements on any given siders like Senator RICK SCOTT and The PRESIDING OFFICER. Without day. Oregon provides transition serv- DAVID PERDUE. objection, it is so ordered. As a family physician who continued ices to about 1,350 young adults, but to see patients even as he served in f many continue to struggle to find Congress, Dr. Coburn always had a spe- NOMINATION DISCHARGED work, go to college, or complete tech- cial passion for fixing our broken nical training. The COVID–19 virus has Mr. MCCONNELL. Mr. President, I healthcare system. He understood bet- hit these older youth particularly hard. ask unanimous consent that the Com- ter than anyone that our healthcare As we consider actions to help the mittee on Homeland Security and Gov- woes began at a fundamentally broken nation weather this pandemic, I would ernmental Affairs be discharged from system in need of transparency, more like to recognize a nonprofit organiza- further consideration of the following choice for patients, and market-driven tion in my State that represents a crit- nomination, PN1715, and that it be reforms to put decision-making back ical part of the response to COVID–19 placed on the Calendar. into the hands of Americans and their for children and youth in the foster The PRESIDING OFFICER. Without care providers. care system and those who have aged My bills to lower prescription drug objection, it is so ordered. out of the system without finding a prices and ensure every patient knows The nomination is placed on the Cal- home to call their own. FosterClub is what they have to pay before they pay endar. based in a beautiful town on the Or- it were introduced with invaluable f egon coast, Seaside. FosterClub is marking its 20th anniversary working input from Dr. Coburn. As we all LEGISLATIVE SESSION should, he recognized that, no matter to improve the lives of children and how vast the distance between our po- --- youth in foster care by connecting sitions seems to be, healthcare is and MORNING BUSINESS them to resources, teaching them how always should be a bipartisan issue to become self advocates, and helping where compromise is necessary to help Mr. MCCONNELL. Mr. President, I elevate their lived experiences and patients. ask unanimous consent that the Sen- voices to members of Congress. By In the summer of 2018, I was honored ate proceed to legislative session for a doing so, they are able to inform posi- that Dr. Coburn came to Indiana to period of morning business, with Sen- tive changes in our federal foster care campaign with me. I will never forget ators permitted to speak therein for up system. what he said to a young man from the to 10 minutes each. And that is what this month is about: crowd at one of our events. The PRESIDING OFFICER. Without honoring the strength of those cur- ‘‘What can I do now if I want to be a objection, it is so ordered. rently in and those who have exited the Senator someday?’’ f foster care system. It is about listening Dr. Coburn didn’t tell him to go to to their experiences and their needs. law school. He didn’t tell him to run VOTE EXPLANATION Over the years, I have been proud to for office or intern in a congressional Mrs. MURRAY. Mr. President, I was work with my colleagues on a bipar- office. necessarily absent for rollcall vote No. tisan basis to craft and get across the ‘‘Go work really hard at something 89, adoption of amendment No. 1583, to finish line legislation to strengthen for 40 years so you have something to remove internet website browsing in- and improve the foster care policies in say when you get there.’’ formation and search history from Oregon and around the country. Not I loved it. Dr. Coburn ushered in the scope of authority to access certain too long ago, then-Chairman Orrin era of the outsider in Washington, the business records for foreign intel- Hatch and I were able to come together effects of which are only just now be- ligence and international terrorism in- and pass into law the landmark Family ginning to be realized. I think we could vestigations. On vote No. 89, had I been First Prevention Services Act, com- get a much better product out of DC present, I would have voted yea. monly known as Family First. with more people like him whose be- I was also necessarily absent for roll- Family First was Children Defense liefs come from a deep well of real- call vote No. 90, adoption of amend- Fund Founder Marion Wright world experience. ment No. 1584, to improve the amicus Edelman’s vision for a better Federal

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