E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION
Vol. 166 WASHINGTON, TUESDAY, SEPTEMBER 22, 2020 No. 164 House of Representatives The House met at 9 a.m. and was However, not everyone who was enti- She told me: ‘‘I am being punished called to order by the Speaker pro tem- tled to these checks received them. for who I married. My husband and I pore (Mr. CUELLAR). The Senate wrongfully included a pro- work and we pay our taxes. Why are we f vision in the CARES Act that pre- being treated like second-class citi- vented families with only one Amer- zens?’’ DESIGNATION OF SPEAKER PRO ican citizen parent and another who is Her words resonate, because she is TEMPORE a tax-paying immigrant with an ITIN right. She is being treated like a sec- The SPEAKER pro tempore laid be- from receiving this financial assist- ond-class citizen. fore the House the following commu- ance. I ask you, during a period of unprece- nication from the Speaker: Let me repeat this. Citizens of the dented challenges, when Americans are WASHINGTON, DC, United States are being prevented from facing more than one crisis, when we September 22, 2020. receiving stimulus checks because of are depending on essential workers I hereby appoint the Honorable HENRY whom they love. more than ever, is it right for our CUELLAR to act as Speaker pro tempore on This blatant discrimination must be country to treat people differently this day. corrected. We need to help people like based on the immigration status of NANCY PELOSI, Lacey, an amazing, hardworking cit- their loved ones? Speaker of the House of Representatives. izen who works for the State govern- As a country, I believe we can and f ment and isn’t able to receive a stim- should do better. There is no scenario MORNING-HOUR DEBATE ulus check. Lacey and her spouse have in which citizens should be denied the been together for 14 years and were help they are entitled to. Likewise, The SPEAKER pro tempore. Pursu- married in 2010. They have raised six tax-paying immigrants who are paying ant to the order of the House of Janu- beautiful children, all of whom are U.S. their fair share should not be denied ary 7, 2020, the Chair will now recog- citizens. assistance, left out on their own. nize Members from lists submitted by For the past 7 years, Lacey has I am pleased that the HEROES Act, the majority and minority leaders for worked at the Illinois Veterans Home which the House passed more than 100 morning-hour debate. in Quincy, Illinois. She works long days ago, rectifies this issue and makes The Chair will alternate recognition hours to make sure her veteran resi- all tax-paying individuals eligible for a between the parties, with time equally dents are safe, healthy, and happy, and check. allocated between the parties and each in March, this job made her an essen- While I believe all taxpayers should Member other than the majority and tial, frontline worker. receive a stimulus check regardless of minority leaders and the minority Lacey loves her job and loves her their citizenship status, at the very whip limited to 5 minutes, but in no residents like they are her own family. least, we need to ensure that all U.S. event shall debate continue beyond Since the onset of COVID, she has con- citizens receive a check regardless of 10:50 a.m. tinued her hard work and dedication to who their spouses are, and underscore f her job. Lacey has picked up overtime the necessity of including a fix that INEQUALITIES IN COVID–19 shifts to cover for coworkers who are corrects this provision retroactively sick and has worked hard to ensure the ASSISTANCE DISTRIBUTION and for any additional stimulus checks standards of care at the facility remain provided moving forward. The SPEAKER pro tempore. The high. She is a United States citizen We must stand with mixed-status Chair recognizes the gentleman from who works every day to care for our families and continue to fight for them Illinois (Mr. QUIGLEY) for 5 minutes. Nation’s veterans. and their rights. Now, more than ever, Mr. QUIGLEY. Mr. Speaker, I rise Despite her service to our country we need to provide for people who are today to highlight the inequalities that and the fact that she and her children suffering due to this pandemic. persist in COVID–19 assistance dis- are American citizens, her family did I urge my colleagues to join me in tribution. not receive a check, all because her taking swift action to resolve this Back in March, House Democrats rec- spouse is an immigrant using an ITIN issue. ognized the global health crisis was and they file their taxes jointly. f causing an economic crisis. As Ameri- She has done everything in her power cans struggled, we provided them with to speak out and advocate for herself FINDINGS OF THE CHINA TASK stimulus checks to help them make and has connected with others like her FORCE ends meet during these uncertain in the Facebook group Mixed-Status The SPEAKER pro tempore. The times. Families United. Chair recognizes the gentleman from
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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VerDate Sep 11 2014 01:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.000 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4644 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Pennsylvania (Mr. JOYCE) for 5 min- coronavirus pandemic requires action. For months, I had dreaded the mo- utes. The Chinese Government’s persecution ment when it would be all gone; but Mr. JOYCE of Pennsylvania. Mr. of Uighurs requires action. The Chinese looking at myself in the mirror that Speaker, after too long, Americans are Government’s monopoly of the medical night, I felt relief, peace, and accept- waking up to the dangers of the Chi- supply chain requires action. The Chi- ance. It was a moment of grace, and I nese Communist Party. As we combat nese Government’s attempts to control thank God for that. the economic and the health ramifica- the world’s network requires action. In a matter of weeks, I would lose my tions of the coronavirus, it has never Despite the challenges that we are eyelashes, eyebrows, and the rest of my been more important that we take on facing at home, the American people hair and be diagnosed with alopecia this hostile regime. must stand together against the Chi- universalis, one of three forms of alo- It has been my honor to serve on the nese Communist Party. Our national pecia. China Task Force and help expose the security should never be a partisan I am still coming to terms with my threats that the Chinese Communist issue. The health of the American peo- new alopecia reality and the impact of Party poses to our national security ple should never be a partisan issue. By my traumatic hair loss. Every day, and to the American people. working together, we can strengthen thanks to the support of my family, Just yesterday, Congressman MI- our defenses, defend human rights, spur my staff, the broader alopecia commu- CHAEL MCCAUL released the House For- innovation, and equip Americans to nity, and others who have experienced eign Affairs Committee’s report into lead the way in global innovation. hair loss, I am making progress. the origins of the coronavirus pan- Moving forward, it is imperative that I am making progress despite the demic. Their evidence clearly confirms America continues to strengthen our hateful comments, the cruel and con- that the Chinese Communists covered supply chain, to pursue fair trade deals stant online harassment about my up the coronavirus, enabling a local with China, and, ultimately, to hold baldness, the intrusive and ignorant outbreak to become a pandemic. the Chinese Communist Party account- questions on the elevators, the unsolic- The Chinese Communist Party knew able for its actions. ited advice, and the stares, lots of that the coronavirus could be spread by Once again, it has been my privilege stares. human-to-human transmission, and yet to serve the American people as a No doubt about it, a bald woman en- this regime hid findings from global member of the China Task Force. I tering a room or entering the floor of leaders, public health experts, and even thank Leader MCCARTHY for the oppor- the U.S. House of Representatives the World Health Organization. tunity to serve, and I am grateful to makes people uncomfortable. Visually, Leaders in the Chinese Communist Chairman MICHAEL MCCAUL for his it challenges every antiquated cultural Party knew that this virus could be leadership. norm about what is professional, what This is a long road, but it is worth catastrophic, and yet they deliberately is pretty, what is feminine. the fight. And as I always believe, chose to cover up their missteps rather But in the loss, the hurt, and the America will win that fight. than sound an alarm and warn the ache of it all, I have never lost sight of world that this virus was being un- f the following: I am Sandy and Martin’s leashed. ALOPECIA AREATA AWARENESS daughter; I am Conan’s wife; I am Their lies cost American livelihoods. MONTH Cora’s stepmom; and I am the Con- Their lies cost American lives. This The SPEAKER pro tempore. The gresswoman for the Massachusetts Sev- pandemic’s destruction could have Chair recognizes the gentlewoman from enth Congressional District. been prevented. This didn’t have to Massachusetts (Ms. PRESSLEY) for 5 Mr. Speaker, I am now bald, but I am happen. minutes. in good health and in incredible com- Now Americans are facing a choice. If Ms. PRESSLEY. Mr. Speaker, I rise pany. I have received an outpouring of we do not act now, who will stop the today in solidarity with my fellow love from people across the globe who Chinese Communist Party from simply Americans with alopecia in recognition are living with alopecia. repeating this coverup? of September as Alopecia Areata Early on, I received a note from an Inaction is not an option. America Awareness Month. elementary school-aged girl with alo- must prevent another pandemic from Today, like nearly 7 million Ameri- pecia. She wanted to give me some tips reaching our shores. cans, I live with alopecia, an auto- in navigating this new normal. She And our work cannot stop there. immune disease that attacks the hair told me about the first time she walked Sadly, the Chinese Government’s mali- follicles. This common condition is into school after her diagnosis, ‘‘Just cious acts extend far beyond the highly unpredictable and cyclical. Hair walk right up to your friends and tell coronavirus pandemic. From can grow back in or fall out again at them, ‘I’m still me,’ ’’ she wrote. cyberattacks on American citizens and any time, and the course is different Who couldn’t use a reminder like blatant overreach into our virtual net- for each person. that as they navigate the world? Those works, to espionage in our academic in- Alopecia areata disproportionately little acts of kindness and solidarity stitutions and illicit fentanyl that kills affects children and Black Americans, have defined this experience, too. on American streets, we cannot ignore and particularly Black women. I am proud to be in the good com- the Chinese Government’s pervasive Some people may say that it is just pany of those fighting for people living threats to our Nation. hair, but for me and for many people with alopecia. There is an entire com- Mr. Speaker, this is no distraction; living with alopecia, hair is intrinsi- munity that has been working tire- this is reality. For the safety of the cally linked to our identity and our lessly to share their stories and to edu- American people, for the future of our cultural expression. cate the public on the impact of alope- Nation, the Chinese Communist Party We all have our own unique stories cia areata. must be held accountable. with our alopecia diagnosis. Mine For three decades, the National Alo- For months, the China Task Force began nearly a year ago as my braider pecia Areata Foundation has been has focused on researching these issues noticed a small patch of baldness. Very working to garner congressional sup- and exploring legislative solutions. We soon after, I was waking up to sinks port for research and treatment devel- are currently working on a final report full of hair. What started as a few opment. My longtime friend and part- that will detail our findings and rec- small patches quickly spread. ner in good, Congressman MCGOVERN, ommend a pragmatic path forward. I remember the moment vividly. I introduced legislation to allow medical While our work on this report is com- was alone in my D.C. apartment, sepa- wigs to be covered under the Medicare ing to a close, our commitment to the rated from my family, on the same day program so that every senior living cause will continue. that would have been my mother’s 72nd with alopecia can afford wigs and other During these busy days, I recognize birthday and on the eve of an impeach- head coverings. that many issues are competing for ment vote. I was standing in the bath- This year, the House passed my America’s time; but to be fair, these room, staring at my reflection in the amendment to provide an additional $5 threats require our action. The Chinese mirror, and for the first time I was million in next year’s funding for the Government’s coverup of the completely bald. National Institutes of Health, which
VerDate Sep 11 2014 01:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.003 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4645 will fund research to increase our un- Mr. Speaker, that is wrong and that unique stresses that these frontline derstanding of the causes, impacts, and is not leadership. Leadership is fight- healthcare workers are facing. possible treatments of alopecia areata. ing for the American people at every We talked about how they don’t need I know that our work is far from turn. Leadership is defending the prom- to suffer by themselves, how we could over, and I will continue to fight. I will ises of the American Dream. Leader- put in place peer-to-peer contacts take my seat at the table. I will take ship is advancing policies that raise where folks could reach out, create a up space, and I will create it, too; and America to new heights. space for some of these individuals that with this space, we will make change. I am proud to stand alongside Leader might be suffering alone to talk about Every single person deserves to show MCCARTHY and my Republican col- what was going on. up in the world exactly as they are leagues as we chart a meaningful path- Mr. Speaker, I also want to thank without fear or discrimination. To my way forward. The road ahead may seem Chairman PALLONE and Ranking Mem- fellow alopecians wherever you may be, uncertain, or even arduous, but we are ber WALDEN on the Energy and Com- today I bring our story to the floor of confident that with steadfast leader- merce Committee, as well as the chair- the people’s House to say that we be- ship and commonsense policies, Amer- woman of the Energy and Commerce long, our stories deserve to be heard, ica will flourish. Health Subcommittee, Ms. ESHOO, for and we are absolutely beautiful and f helping get this bill to the floor and worthy. getting it passed yesterday evening. BIRTH OF THE HERO ACT f Again, the HERO Act demonstrates The SPEAKER pro tempore. The what we can do when we come together b 0915 Chair recognizes the gentleman from as Democrats and Republicans, when THE REPUBLICAN COMMITMENT California (Mr. BERA) for 5 minutes. we listen to our constituents, and we Mr. BERA. Mr. Speaker, I rise today TO AMERICA work with those folks that are out to celebrate the passage of my bipar- there. The SPEAKER pro tempore. The tisan measure, H.R. 1646, the Helping I, again, want to applaud the front- Chair recognizes the gentlewoman from Emergency Responders Overcome Act, line healthcare workers, the fire- North Carolina (Ms. FOXX ) for 5 min- or the HERO Act. fighters, the law enforcement individ- utes. The HERO Act is the best of what we uals, and emergency responders that Ms. FOXX of North Carolina. Mr. do in this people’s House, which is ac- are out there keeping us safe every Speaker, maligned policies from Demo- cessible to our constituents and others, day. You have got our back, we have crats that seek to defund, destroy, and and that is why we love the House of got your back. So thank you to all of dismantle our country are dangerous. Representatives. them. Quite frankly, these policies pose a Over 21⁄2 years ago, two of my fire threat to the liberties and freedoms chiefs, Mike McLaughlin and Maurice f that define the American dream as we Johnson, visited my office here in RECOGNIZING THE SCHEDULER know it. Republicans understand this Washington to talk about some issues. threat, and we refuse to sit idly on the In passing, they also talked about the The SPEAKER pro tempore. The sidelines. number of firefighters and first re- Chair recognizes the gentleman from That is why we have developed our sponders that succumb to suicide, and Illinois (Mr. SHIMKUS) for 5 minutes. Commitment to America. The message the stresses of the job. Mr. SHIMKUS. Mr. Speaker, I rise is simple. Restoring, renewing, and re- We talked about it and we started to today to thank a group of courageous building America is a mandate that we do a little bit of research. We realized Federal employees: Matt Nordquist; must work every day to uphold. We are we didn’t have good statistics on the Janet Hartman, now Schmautz; Jake fighting for families, for generations of actual incidence of firefighters or first Gibson; Carren Crossley; Virginia Americans to come, and for a country responders that were succumbing to Mueller, now Partridge; Jordan that has always served as a beacon of suicide. Haverly; Joy Henrichs; Perry Ford hope to the world. We started to talk to others, the Stamp; and Molly Mackenzie Harris. In short, it is a blueprint that gets International Association of Fire- There is no more difficult job in our country back on track. The Amer- fighters, and we talked to law enforce- Washington than that of a congres- ican people deserve leaders who fight ment. We realized the stresses that sional scheduler. My thanks and apolo- for freedom, the values that we hold these individuals, men and women, who gies go to those who served in my of- dear, and the promise of the American are out there protecting our commu- fice these past 24 years. Dream. nities every day, face. They see untold For me, being away from home was Mr. Speaker, at such a pivotal mo- challenges that normal human beings the worst part of the job. Who booked ment in the history of our country, we don’t see. So we started talking about the flight and told me I had to get back must work to advance policies that are this. to D.C.? The scheduler did. Who would pro-growth, pro-family, and pro-Amer- We looked for those statistics, talked meet me in the office at 7:30 a.m. to get ica. Anything less is unacceptable. to the Firefighter Behavioral Health me to a breakfast meeting at 8 a.m.? Time and time again Democrats have Alliance founder, Jeff Dill, and again, Who would hang around to pick me up turned their backs on the American realized we ought to challenge the CDC at 9 a.m., just to race me to the Hill for people with a ‘‘my way or the high- to collect these statistics, and we a 9 a.m. meeting? The scheduler did. way’’ approach to legislating. ought to do something about it. We Who received an irate call from me This year alone, the House of Rep- ought to help relieve the suffering of wondering why no one was at the meet- resentatives has taken up a myriad of these first responders, firefighters, law ing in HC–5, only to be told that if I bipartisan messaging bills that do enforcement individuals. had looked at my schedule, I would nothing to help our country. If any- So we went about writing a bill and have seen that the meeting location thing, these bills send a concerning working with our partners. That was had changed to the Capitol Hill Club? message about the Democrat vision for before the COVID–19 pandemic hit. The scheduler did. America. What we have seen since the pandemic Who took the frustrating call asking Substantive legislation has been is untold pressures on our frontline how I can be in a meeting in the Cap- pushed to the back burner, the spirit of healthcare workers, our nurses, the itol from 10:30 a.m. to 11 a.m., and then bipartisanship has been rendered vir- folks in the hospitals. And I want to in my office in the Rayburn Building tually nonexistent, and political pos- applaud a fellow doctor, a Republican for an 11 a.m. meeting? The scheduler turing has replaced meaningful con- Member, MIKE BURGESS, who is the did. Who took the blame when I finally versations on pressing issues. We have ranking member on the Energy and cried out that I needed a bathroom had ample opportunities to work to- Commerce Healthcare Subcommittee, break after consecutive 30-minute gether, but Democrats have taken it he realized this fact. And working to- meetings? The scheduler did. Who upon themselves to prolong a partisan gether with our staff, we amended the picked me up after votes at 6:30 p.m. to blockade that stifles progress. HERO Act to include and recognize the hit a reception at 6:45 p.m., another
VerDate Sep 11 2014 01:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.004 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4646 CONGRESSIONAL RECORD — HOUSE September 22, 2020 one at 7 p.m., and then dinner at an- hard to contain the coronavirus. The should file for bankruptcy instead, and other location at 7:30 p.m.? The sched- United States greatly appreciates their the Senate would wait and see. Wait uler did. efforts and transparency.’’ He made for what? Haven’t we seen? We have Who scheduled the flight to get me similar remarks again on January 30 waited 4 months and paid dearly for it. home, and then had to sweat as to and on February 7. The very same day Enough of this craven politics. whether I could make the early flight President Trump was privately admit- Senators, consider your oath to the or not? Who received my continuous ting to journalist Bob Woodward that people you serve. What will you say calls asking them if I thought I could the coronavirus is an airborne patho- when they ask what you did to stop make it? The scheduler did. Who wait- gen more deadly than the flu. this disease from stealing their loved ed in the car for that final vote just to Despite his full awareness of the dan- ones; from destroying their small busi- see me run down the stairs and tell ger, he kept going, praising China and ness? What will you say to the teachers them, let’s go, just to get caught in publicly downplaying the coronavirus that are being laid off as States and traffic in the plaza, traffic on Inde- threat. Politico has found at least 15 cities drastically cut their budgets? pendence Avenue, and traffic on Inter- examples of President Trump publicly From undermining America’s standing state 395? The scheduler did. praising China’s coronavirus response in the world? Who had to put up with the worst during this period, including on Feb- To my colleagues, I say this: We have backseat driver in Washington, D.C.? ruary 10, 13, 18, 23, 26, 27, and 29. He said a plan. Join us. Let’s invest heavily in The scheduler did. My schedulers took it over and over. research and follow science and public the brunt of my frustration as we tried In the following weeks and months, health guidance. They are the fastest to fit 36 hours of work into a 24-hour he would repeatedly downplay the dan- route to get us to the other side of this day. They took the barbs of criticism ger and suggest, fully aware of his de- crisis. Our HEROES Act gets it done. when I missed my family. ception, that this virus was comparable Let’s deliver emergency funding to If there was ever a single group that to a seasonal flu. sustain local essential services, and the I need to apologize to, it is them. Hav- President Trump’s deception on these salaries of first responders, nurses, ing said this, this group of workers pro- matters is not opinion, he was re- teachers, infrastructure maintenance fessionally conducted their job with corded. He is literally on the record workers, and many more. The HEROES poise, confidence, efficiency, and com- saying that he intended to downplay Act gets that done, too. Let’s save lives passion. I can say without hesitation this disease and deny the American and turn the corner on this crisis with that because of me, the toughest job in people the information we would need a coordinated national plan for testing my office is that of the scheduler. to make vital decisions for ourselves, and tracing. The HEROES Act gets it Matt, Janet, Jake Carren, Virginia, our families, our communities, and in- done. Jordan, Joy, Perry, and Molly, I thank deed, our Nation. Let’s deliver the financial support you. Every death that resulted from this our essential workers, unemployed f was a tragedy. In February, President workers, and financially strained WE MUST ADVANCE URGENTLY Trump said, ‘‘It is going to disappear Americans need to weather the storm. NEEDED CORONAVIRUS ASSIST- one day. It is like a miracle, it will dis- The HEROES Act gets it done. Let’s ANCE appear.’’ He knew better. rescue our schools, our healthcare pro- viders, our first responders, our The SPEAKER pro tempore. The At this point the virus had been hungriest families. The Republican Chair recognizes the gentleman from given nearly 2 months to circulate un- checked. Americans were still going skinny bill just doesn’t get it done. I New York (Mr. TONKO) for 5 minutes. Mr. TONKO. Mr. Speaker, this body about our daily lives, flocking to movie say pass the HEROES Act. must advance urgently needed theaters, churches, synagogues, going The SPEAKER pro tempore. Mem- coronavirus assistance. to Mardi Gras, going on spring break, bers are reminded to refrain from en- Secretary of Health and Human Serv- unaware of the true extent of the gaging in personalities toward the ices Alex Azar said, ‘‘Every death we threats spreading all around us. President. experience is a tragedy.’’ When he said On March 11, President Trump took f only his second major national step, it, the United States had just hit the b 0930 grim milestone of 100,000 souls lost another travel ban. It was around this from the COVID pandemic. That was time that Congress stepped up the HONORING HAROLD LEE DICK mid-May, around the same time Demo- scale of our response to this threat. We The SPEAKER pro tempore. The crats advanced the HEROES Act in the moved quickly to pass the CARES Act, Chair recognizes the gentlewoman from House. In the 4 months that followed, including delivering emergency funds Missouri (Mrs. HARTZLER) for 5 min- 100,000 more Americans have died as for America’s hospital and staff, small utes. the epidemic has spiraled out of con- business owners, laid off workers, and Mrs. HARTZLER. Mr. Speaker, I rise trol, and chaos has continued to reign everyday Americans facing unprece- today to honor the life of Harold Lee from the White House. dented fear and uncertainty. Dick, Gunner’s Mate Second Class, who We have reached the breaking point. The CARES Act was a rescue plan. It was one of 43 brave men who paid the Plain and simple, it is time for the wasn’t perfect, but it was America’s ultimate sacrifice on July 24, 1944, Senate to pass our comprehensive res- first real effort to stem the tide. That aboard the USS Colorado. cue package or offer a real alternative rescue was powerful, but it was no sub- While serving aboard the USS Colo- of their own. No more waiting. No stitute for executive leadership. Sadly, rado, Gunner’s Mate Second Class Dick more excuses. we are still waiting for executive lead- supported landings on Tarawa, the Throughout this crisis, the Senate ership. Marshall Islands, Saigon, Guam, and majority has abdicated responsibility Between March and May, America Tinian, where he ultimately lost his to this President’s insufficient leader- saw its death toll skyrocket past life. ship and papered over his deadly short- 100,000. The Members of this Chamber Although he was initially listed as comings. For the lives and livelihood of again moved swiftly to advance an- missing in action, his body and those of every one of my constituents, I beg my other rescue package, the HEROES his deceased shipmates were recovered colleagues on the other side of the Cap- Act. Since the House passed the HE- and preserved in the 4th Marine Divi- itol to seize this moment to follow a ROES Act on May 15, more than 110,000 sion Cemetery on Saipan. Once the war new guide. Americans have died of COVID–19. had ended, Dick’s remains were pre- Let that guide be science. Let it be For comparison, this is the equiva- served for identification and transpor- truth, because politics, really, truly lent of losing every soul living in Al- tation back to the United States. bad politics, has brought America low bany, New York, our State capital, Unfortunately, Gunner’s Mate Sec- in the face of this crisis. But it is not that I represent. And that is just the ond Class Dick’s remains were unable too late. recorded death toll since mid-May. to be identified, so he was buried as un- On January 22, President Trump Senate Majority Leader MITCH known at the Manila American Ceme- tweeted ‘‘China has been working very MCCONNELL responded that States tery in the Philippines. However,
VerDate Sep 11 2014 01:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.006 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4647 thanks to modern forensic techniques, HONORING BLAKE HURST malaria and starvation. Among the Gunner’s Mate Second Class Harold Mrs. HARTZLER. Mr. Speaker, I rise dead was Chief Standing Bear’s eldest Dick was identified on November 26, today to honor and thank Mr. Blake son Bear Shield, who had pleaded to be 2018. Hurst. laid to rest in their sacred burial Now, after 76 years, Harold Lee Dick Blake has led the Missouri Farm Bu- grounds. A few weeks later, in January will finally be returning to his home- reau as president since 2010 with com- of 1879, Chief Standing Bear began the town of Tipton, Missouri, on October 10 passion, family values, fierce support 600-mile trek to their Niobrara home- to be laid to rest next to his parents for his members’ needs, and a dose of land. and his sister. creative humor. Just 2 days shy of their homeland, Please join me in honoring Gunner’s Blake understands agriculture is a during a brief stop at the Omaha res- Mate Second Class Harold Lee Dick’s family affair as he raises row crops ervation, the group was stopped and ar- ultimate sacrifice as he finally returns with his father, brothers, nephews, and rested for leaving Oklahoma. The ar- home. sons-in-law, while also operating a rest led to the landmark case of Stand- CONGRATULATING ERNIE CECIL greenhouse business with his wife, ing Bear v. Crook, which established Mrs. HARTZLER. Mr. Speaker, I rise daughter, and sons-in-law. the precedent of recognizing ‘‘Indian’’ today to congratulate my good friend As Blake prepares to retire at the as an equal person under the law, in- Ernie Cecil on his retirement after end of this year, his legacy will con- cluding the constitutional guarantee of serving nearly 28 years as senior pastor tinue to serve as an inspiration for fair treatment during trial. at Antioch Southern Baptist Church. those of us who have worked alongside At the end of the trial, Chief Stand- Ernie impacted the lives of so many him as he aggressively advanced Farm ing Bear delivered a speech demanding through his weekly services and Bureau’s priorities for the past 25 equality, with the famous words: ‘‘That through the pivotal role he played in years. hand is not the color of yours, but if I our community as a spiritual leader. It has been an absolute honor to prick it, the blood will flow, and I shall During his time at Antioch, Ernie ex- work with Blake and his team through- feel pain. The blood is the same color panded the reach of the church by out the years, and Missouri’s agri- as yours. God made me, and I am a using modern technology during serv- culture industry is better because of man.’’ After the trial, Chief Standing ices, a revamped website, and social his leadership. Bear and his companions were allowed media pages. I sincerely hope Blake will be able to to return to their Niobrara homeland. During the pandemic, Ernie was in- enjoy a well-deserved retirement amid However, in 1962, Congress decided strumental in establishing a drive-in the farm, the greenhouse, and the the Ponca Tribe would be among the worship service even though it pro- grandkids, and I wish him the best. Tribes no longer recognized. Two dec- longed his retirement. These virtual HONORING SCOTT PHILLIPS ades later, in 1986, the Northern Ponca services, complete with live music, Mrs. HARTZLER. Mr. Speaker, I rise Restoration Committee was created by united our community during these dif- today to honor Mr. Scott Phillips as Fred LeRoy, a veteran and a Ponca ficult times. the recipient of the annual Chairman’s himself. Within 2 years, LeRoy drafted Through his love for his community, Award during the 2020 Missouri Pork the petition for restoration, and the his leadership, and his dedication to his Expo. Ponca Tribe met the requirements of faith, Ernie touched the lives of many I first met Scott when we were chil- the Bureau of Indian Affairs for Fed- people during his time at Antioch dren and his dad wanted to talk to my eral recognition. Southern Baptist. His legacy of love dad about raising hogs. Scott’s dad had On October 31, 1990, the legislation and service will be felt into eternity. served in the Air Force and wanted to was signed into law, and the Ponca Missouri’s Fourth Congressional Dis- try his hand at farming. were once again recognized by the Fed- trict is blessed to have Cecil serving Scott followed in his dad’s footsteps, eral Government. Fred LeRoy was then others and the Lord. serving his Nation flying A10 jets in named chairman of the Ponca Tribe of Mr. Speaker, let us wish Ernie the the Air Force and then returning to his Nebraska. best and God’s richest blessings in his lifelong passion of farming, expanding Although the Ponca Tribe will still well-deserved retirement. the operation and now operating two be without a reservation, they have es- RECOGNIZING KEN AND SUE MOLZAHN hog farms with his brother and nephew. tablished service delivery areas Mrs. HARTZLER. Mr. Speaker, I rise Scott’s dedication to producers and throughout Nebraska, Iowa, and South today to give recognition to Ken and his positive influence on the pork in- Dakota. These areas have centers offer- Sue Molzahn, the owners of the world’s dustry can be seen throughout his lead- ing health, social, domestic violence, largest display of American Revolu- ership roles, from the local level to the and education services. One such cen- tionary War-era flags. national level. ter was aptly named the Fred LeRoy Recently, I visited their collection in I wish Scott the best and am proud to Health and Wellness Center. Collins, Missouri, and was able to see represent him. Through the tremendous efforts of over 315 replica flags used by American f Chairman LeRoy and subsequent lead- colonists and their allies from 1764 to ers, the Ponca have not only preserved 1781. I was very impressed by their ex- COMMEMORATING NATIVE AMER- but further cultivated their heritage. tensive collection and their knowledge ICAN HERITAGE MONTH BY HON- Current Chairman Larry Wright, Jr., of the history behind each individual ORING THE PONCA TRIBE considers his proudest accomplish- flag. The SPEAKER pro tempore. The ments to be the purchase of 1,800 acres During his high school teaching ca- Chair recognizes the gentleman from of the original homeland, including reer, Ken began researching Revolu- Nebraska (Mr. BACON) for 5 minutes. Chief Standing Bear’s burial site. tionary War-era flags and re-creating Mr. BACON. Mr. Speaker, I rise Chairman WRIGHT, Jr., illustrated them for his students. Eventually, Sue, today to commemorate Native Amer- the belief that because their ancestors a skilled seamstress, joined his efforts ican Heritage Month by honoring the are buried in the Niobrara River Val- and has contributed hand-sewn, mu- Ponca Tribe of Nebraska on their 30th ley, Ponca DNA is infused within the seum-quality replica flags to the col- anniversary of restoration as a feder- land, water, animals, and everything lection. ally recognized Tribe. that grows there, completing the circle Today, Ken and Sue’s prominent col- The Ponca Tribe was originally part of life. lection of flags serves as an incredible of the Omaha Tribe and settled near Today, three different statues pay learning tool and an interactive way of the Niobrara River of Nebraska in 1793. tribute to the fearless leader Chief keeping history alive. In 1877, the Ponca Tribe was forcibly Standing Bear. One statue resides in I greatly appreciate Ken and Sue for removed from their beloved Niobrara Centennial Mall of Lincoln, Nebraska, taking time to show me their flag col- River homeland and sent to Indian ter- and another overlooks the Niobrara lection. It is a unique educational ex- ritory in central Oklahoma. homeland. Finally, a bronze statue of perience that highlights the courage During their first year in Oklahoma, Chief Standing Bear stands in its right- and sacrifice of our first patriots. 25 percent of the Ponca Tribe died from ful place in Statuary Hall in the U.S.
VerDate Sep 11 2014 01:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.008 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4648 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Capitol, representing the State of Ne- Every bit as complex as cyber tions to empower millions of American braska. With these three monuments, threats, more of an imminent threat in workers to reclaim their version of the thousands of Nebraskans and millions the 21st century than even conven- American Dream. from around the world will come now tional conflicts, biothreats can come This task force, really, Mr. Speaker, to know the Poncas and their story. from anywhere. Bad actors, malicious is all about the American Dream, Unfortunately, social disconnects of organizations or nation-states, random which is the idea that the condition of racial disparity and basic human rights industrial accidents, or even an act of your birth should not determine the still exist in our country. In recog- nature can be the original source. And outcome of your life and that, in Amer- nizing the Ponca Tribe’s abundant his- once events like this begin to unfold, ica, because of the blessings of freedom tory, we highlight a story of oppres- they can be extremely hard to predict that we are given, anyone, regardless sion, despair, struggle, and persever- and respond to. of race, color, creed, gender, or any sta- ance. That is why I am glad that we con- tion in life, through hard work, persist- Today, we honor and celebrate the tinue to focus on this and have been ence, and determination, can achieve Ponca Tribe of Nebraska and every Na- proud to have been part of coleading upward mobility, can achieve his or her tive American once considered a half the package, which we hope will dra- God-given potential, and can realize person. American author and civil matically improve our Nation’s ability that American Dream. rights activist Audre Lorde once said: to respond to these threats. I am very This afternoon, the American Worker ‘‘It is not our differences that divide proud that Congress came together to Task Force will unveil its report to us. It is our inability to recognize, ac- get this done. change flawed policies from Wash- cept, and celebrate those differences.’’ The Strategic National Stockpile is a ington, D.C., to unleash the spirit of Now more than ever, we must unite as cornerstone of our Nation’s biodefense the American Dream and to give work- Americans and celebrate our diversity infrastructure. It is responsible for ers their opportunity at upward mobil- to heal the wounds of social injustice. keeping large quantities of pharma- ity. f ceuticals, medical countermeasures, First, we are going to propose policy personal protective equipment, and BIODEFENSE MUST BE changes that will refocus labor policy other lifesaving products for rapid de- BIPARTISAN to unleash American workers and allow ployment in the event of an emer- them to realize their God-given poten- The SPEAKER pro tempore. The gency. tial. This includes increasing opportu- Chair recognizes the gentlewoman from This bill builds on the bipartisan nities for apprenticeships, not just De- Indiana (Mrs. BROOKS) for 5 minutes. work done by the Energy and Com- partment of Labor, Washington-di- Mrs. BROOKS of Indiana. Mr. Speak- merce Committee when last year, in rected, centrally planned registered ap- er, today, I rise in recognition of the June 2019, the Pandemic All-Hazards prenticeships, apprenticeships that passage of H.R. 7574, the Strengthening Preparedness Act was reauthorized and may or may not yield fruitful careers America’s Strategic National Stock- signed into law by President Trump. in in-demand jobs in the labor market, pile Act, which builds on the bipartisan Our committee’s work has continued to in the real world, but, instead, also rec- work done by the Energy and Com- improve our Nation’s response to pan- ognizing apprenticeships that are in- merce Committee on pandemic pre- demic events. dustry-recognized, industry-driven, and paredness issues. I commend Ranking Member WALDEN that meet the jobs that are actually I am honored to have co-led this bi- and Ranking Member GUTHRIE of the available in the labor market. partisan bill with my colleague Con- Oversight and Investigations Sub- We are going to be proposing ideas gresswoman SLOTKIN from Michigan. I committee for their incredible work on about eliminating overly restrictive also thank Ranking Member BURGESS Energy and Commerce Committee’s occupational licensing requirements and Chairwoman ESHOO, who has been Second Wave Preparedness Project. and giving workers greater flexibility a longtime champion on biodefense This critical report will serve as the issues, and importantly, the Energy in the way they are compensated, to most detailed analysis thus far of our choose comp time as opposed to just and Commerce Committee staff for Nation’s public health response to their tireless bipartisan work on this overtime. date, and some of their recommenda- Secondly, we want to reimagine our legislation. tions were in this legislative package. I think all of us can agree that bio- failed welfare policies to remove the The Strengthening America’s Stra- trap of government dependency and, in- defense must be a bipartisan issue. tegic National Stockpile Act addresses COVID–19 has clearly exposed weak- stead, create a system that propels these shortcomings and will improve American individuals and families to nesses in our Nation’s public health in- the ability of the SNS to manage and frastructure. extraordinary success and prosperity. maintain its inventory, empower it to This includes providing alternatives I have spent a good part of my career partner with industry to reshore some in Congress focused on biodefense and to the failed Housing First policies: to of our most critical manufacturing in- provide Americans access in housing pandemic response legislation. frastructure, dramatically increase I became a U.S. attorney back in assistance with wraparound services to transparency of the stockpile, and cre- actually meet those individuals where 2001, just one month after the 9/11 at- ate innovative new programs to help tacks on our country. Shortly after they are; to provide them with career States create their own stockpiles. counseling and perhaps, if needed, ad- that were the anthrax attacks here on I thank all the Members of the House our Nation’s Capitol. In my U.S. Attor- diction recovery services and financial for their unanimous support of this im- literacy. ney’s Office, we actually received a portant legislation because biodefense We want second-chance employees to hoax anthrax attack, which served as a must be bipartisan to keep this coun- have access to the labor market. stark reminder of the importance of try safe. staying vigilant and the threat that Whether they have been incarcerated even a single individual can pose. f before, whether they are struggling As former chairwoman of the House b 0945 with an addiction, whether they have Homeland Security Subcommittee on failed to get the skills that they need, Emergency Preparedness, Response, UNLEASHING THE SPIRIT OF THE we believe that second-chance and and Communications, we worked on AMERICAN DREAM third-chance employees are desperately things like Project BioShield. The SPEAKER pro tempore. The needed in America’s economy today. When we talk about biodefense, peo- Chair recognizes the gentleman from We also want work incentives for ple often think about things more com- Kentucky (Mr. BARR) for 5 minutes. able-bodied, work-capable adults, espe- monly known: chemical, biological, ra- Mr. BARR. Mr. Speaker, I rise today cially those without dependents, be- diological, or nuclear threats. Pan- as the chairman of the Republican cause we know that work is a blessing; demic threats though are yet, as we are Study Committee’s American Worker work is not a punishment. learning, some of the most dangerous Task Force. This task force was estab- And, third, we want to refine our edu- threats to everyday Americans. lished to provide policy recommenda- cation system to debunk the bachelors-
VerDate Sep 11 2014 01:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.009 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4649 or-bust mentality, to encourage inno- California (Mr. LAMALFA) for 5 min- sic cars, and even a flyover to bring vative careers and better equip Amer- utes. Colonel Bud that much more joy. ican workers with the skills they need Mr. LAMALFA. Mr. Speaker, sadly, I During this time of pandemic when to adapt and thrive in the ever-chang- rise today to honor a friend, Ms. KELLY everybody is shut in, of course, we all ing 21st century economy. That means Kreeger, who lost her life this past shared that same joy. It brought a in preparing people for higher edu- summer on July 5. sense of community, a sense of remem- cation, it is not just about a 4-year de- Kelly was killed in a midair collision bering who America is, even though we gree; it is also about career and tech- above the lake at Coeur d’Alene, Idaho. have all been pent up for all this time nical education, skills-based education. She was, indeed, doing what she loved that, indeed, this virus is temporary We believe that there should be de- as a flier, as an aviation enthusiast, and we will be together as a commu- ductibility for up-skilling so that em- and as a pilot. nity once again. ployers can give workers the skills Her loss is felt throughout our dis- Our Nation and its people are strong, that are needed for them to move and trict by her friends, her family, and and nothing will stop us from cele- advance in their careers. even, very personally, our office. We brating our heroes. Kelly embodied We think there should be trans- have one of our offices at the Auburn that. parency outcomes in higher education. Airport, so our interactions with her Kelly was known to like loud, fast And we think, to deal with the student and other aviators was quite frequent. cars, indeed, after my own heart there loan debt crisis, we need to recognize Like many in Placer County in as well. She was able to rebuild an en- that the return on investment is very northern California, we are mourning gine herself and was not afraid of any important, and career and technical the loss of this friend, a patriot. She hard work. education can provide that oppor- was such a good, genuine person, whom She is survived by her mother, tunity. I got to know personally through our Nancy, and two sisters; her brother, We believe in income-sharing agree- many interactions. David; many nieces and nephews; and ments as an alternative to the debt She devoted much of her time to our her lifelong best friend, Vicki. trap of Federal student loans. Mr. Speaker, I ask that Members The policies that constitute these community, to our veterans, and it is through Kelly, of course, that I met please join me in prayers for Kelly’s three key policy platforms are the re- family and friends in this difficult sult of over a year and a half of delib- and formed a friendship with a great, great veteran, Colonel Bud Anderson, time. Join with my office as we person- erations by task force members. We ally feel this pain of her loss. conducted listening sessions with think who is a World War II triple ace fighter pilot. It was just this summer she orga- At this time, we just ask blessings on tanks and policy experts, small busi- Kelly and those closest to her. God ness owners, and workers from across nized an event for him at his home to honor him for his birthday. bless her. our districts. We will never forget you. Mr. Speaker, in the Sixth Congres- I am very grateful to Kelly for the in- sional District of Kentucky, which I troduction to Colonel Anderson, of f represent in Congress, I have already course, a man I am honored to call my WE SHOULD NEVER AGAIN DE- seen the benefits of investing in career friend as well. PEND ON FOREIGN SUPPLIERS and technical education and job train- She frequently staffed and organized FOR SUPPLIES WE NEED TO ing. the events in the community for Colo- KEEP AMERICANS SAFE The Kentucky Welding Institute in nel Bud that were certainly befitting The SPEAKER pro tempore. The Fleming County, Kentucky, graduates his World War II accomplishments. Chair recognizes the gentlewoman from students in less than 6 months, ready- They had a street naming for him near Michigan (Ms. SLOTKIN) for 5 minutes. ing them for careers in welding that the airfield, just so many ways that he Ms. SLOTKIN. Mr. Speaker, I rise can earn them over $100,000 a year. was to be honored properly. What a today to commend and thank my col- In Estill County, Kentucky, the Es- great man he is, and so their associa- leagues in the House for passing my till County Area Technical Center, cur- tion was certainly a natural one. bill, the Strengthening America’s Stra- rently under construction, will be a My staff and I are blessed, of course, tegic National Stockpile Act, with bi- state-of-the-art job training facility to be part of the many events that partisan, unanimous consent to ensure that is scheduled to open in August of Kelly was famous for. Included were we never again depend on foreign sup- 2021. Kentuckians will train for jobs in several P–51 Mustang flyovers, which pliers for supplies we need to keep advanced manufacturing, in diesel me- anybody who loves aircraft loves those; chanics, health sciences, information Americans safe. the Never Forget series; road dedica- This bill was truly a bipartisan ef- technology and science technology, en- tions, as I mentioned, at the Auburn fort: 10 Democrats and 10 Republicans gineering and math, in addition to Airport named for Colonel Bud; birth- many other industries. joined me in introducing the bill. It day parties for Colonel Bud; and, of was endorsed by the bipartisan Prob- I am proud to have supported a $4 course, honoring the men and women million grant from the Economic De- lem Solvers Caucus and passed out of of World War II, the Greatest Genera- the Energy and Commerce Committee velopment Administration that will tion. yield a return on investment in just a on a similar unanimous, bipartisan Whenever Kelly would call, you knew vote. few months, graduating taxpayers. that something wonderful was about to Mr. Speaker, this report could not be At a time when divisions in Congress happen that she had planned. It was a more timely endeavor in the face of can seem insurmountable, this bill is the sort of thing that could make you the COVID–19 pandemic and the ensu- an example of what we can accomplish, stand up a little taller and get your ing economic uncertainty that has fol- even in our country’s most challenging lowed. red, white, and blue out. moments, when we focus on the mis- Although progrowth tax, regulatory, Kelly, of course, being a great pa- sion. and trade policies have enabled unem- triot, loved the United States of Amer- In this bill, we are responding to the ployment to come back down to single ica, from her American flag cowgirl mission to ensure that we never repeat digits and the stock market to re- boots to the infectious smile she shared what we went through in the early bound, Americans still need Congress with all she met. Indeed, that captures days of the COVID outbreak. to take up a bold, comprehensive agen- who she is right there in that photo. Amidst uncertainty and fear, my of- da to pave the way for more jobs. You wouldn’t hardly see her without a fice received frantic calls and emails Mr. Speaker, I encourage everyone to smile, especially when she was taking day after day in March and April from consider these very important pro- part in her much-greater-than-a-hobby essential workers begging for help. As worker recommendations. love for aircraft, aviation, and the peo- cases of COVID surged, our hospitals f ple and the veterans associated. and frontline workers simply did not As I mentioned, it was my privilege have the protective equipment nec- HONORING KELLY KREEGER to be part of the Flag Day Parade for essary to keep themselves safe. The SPEAKER pro tempore. The Colonel Bud in Auburn as well. She I heard from a physician in Brighton Chair recognizes the gentleman from brought together children, Jeeps, clas- who compared his job to being a soldier
VerDate Sep 11 2014 01:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.011 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4650 CONGRESSIONAL RECORD — HOUSE September 22, 2020 on the front lines wearing a T-shirt and Second, it strengthens the stockpile’s VALUABLE ROLE FOOD BANKS a baseball cap instead of body armor finances. It makes efficient use of tax- PLAY and a helmet. payer dollars and prevents waste by al- The SPEAKER pro tempore. The I heard from nurses in Mason who lowing the stockpile to sell excess sup- Chair recognizes the gentleman from had to share one gown—not per person, plies to other agencies. It also ensures Pennsylvania (Mr. THOMPSON) for 5 but per entire staff. that taxpayers are properly com- minutes. I heard from doctors, nurses, and pensated for the use of stockpile prod- Mr. THOMPSON of Pennsylvania. first responders who were bravely an- ucts and boosts its funding. Mr. Speaker, earlier this month we swering the call to serve their country, Critically, it helps reduce our overall celebrated National Food Bank Day. yet they were battling this deadly dis- dependence on foreign suppliers by Each year on the first Friday in Sep- ease with improvised face shields and incentivizing production of critical tember, we have an opportunity to rec- homemade solutions. medical supplies here in America. It ognize the valuable role that food In my home State of Michigan, we re- creates a $500 million pilot program quested millions of medical supplies banks play in our communities and that will allow the stockpile to work from the Federal Strategic National offer thanks to the tireless volunteers directly with American manufacturers Stockpile. Michigan needed millions of who help feed hunger-challenged fami- to replenish existing supplies, expand masks, gowns, face shields, and ven- lies nationwide. our manufacturing capacity, and No matter the time of the year, food tilators. It quickly became clear that strengthen these critical supply chains. banks and food pantries support our the aid we sought from our national neighbors in need with access to food, stockpile was delayed and insufficient. Over the next few weeks, I will be and throughout the pandemic, we have The supplies we did receive were woe- visiting a bunch of Michigan compa- seen just how critical this access can fully inadequate to meet the moment. nies who could directly benefit from be. Some masks arrived so far beyond this portion of the bill. In 2018, more than 37 million Ameri- their expiration date that they were Here in Congress, we have a responsi- cans were considered food insecure, in- starting to mold. bility to respond to the way this crisis I found myself doing anything and is shaking our communities; to protect cluding 11 million children. The De- everything I could to secure personal our healthcare workers and support the partment of Agriculture, defines food protective equipment for Michigan, businesses who are adapting to this insecurity as ‘‘a lack of consistent ac- calling dozens of mask manufacturers, once-in-a-generation event. Our com- cess to enough food for an active, negotiating with suppliers in China, munities are stepping up and so should healthy life.’’ Healthy families need access to qual- and fighting for each and every ship- we. Passing this bill to better arm our ity, nutritious food. As a former chair- ment. My staff remembers some sleep- doctors and nurses against this deadly man of the Committee on Agriculture less nights on the phone working to get disease is an important way to do that. Subcommittee on Nutrition, Oversight, doctors and nurses in Michigan enough I thank my colleagues on both sides and Department Operations, this is an supplies for just a few more days’ work of the aisle for passing this legislation issue that I feel very passionately in the hospital. with overwhelming, bipartisan support, At the same time, manufacturers about. and I look forward to working together I am pleased to see the success of across my district stepped up to help to help keep our fellow Americans safe. USDA’s Farmers to Families Food Box fill the void and started retooling their program and have heard a lot of posi- businesses to manufacture personal f tive feedback from volunteers and food protective equipment for our frontline bank staff in my district. workers. MESSAGE FROM THE SENATE Through the Coronavirus Food As- In Oxford, Michigan, Vaughn Hockey sistance Program, or CFAP, the USDA jumped into action, taking the special- A message from the Senate by Ms. has delivered more than 90 million ized nylon that they used to make Byrd, one of its clerks, announced that boxes of fresh, delicious, nutritious hockey pads and turning it into wash- the Senate has passed bills of the fol- food to families in need. Fresh fruits able hospital gowns. lowing titles in which the concurrence Magna International, in my town of of the House is requested: and vegetables, milk and dairy prod- Holly, Michigan, retooled their car seat ucts, meat and more have been distrib- S. 924. An act to amend the Child Abuse uted by food banks, community cen- fabric assembly line to make masks for Prevention and Treatment Act to require workers and suppliers. training and education to teachers and other ters, and churches nationwide. It was American ingenuity and school employees, students, and the commu- I would be remiss if I didn’t mention Michigan grit at its finest. nity about how to prevent, recognize, re- how helpful this has been for our farm- This experience shook me to my core, spond to, and report child sexual abuse in ers and ranchers as well. Earlier in the and I immediately got to work with my primary and secondary education. pandemic, we heard too many stories of colleagues on both sides of the aisle to S. 1160. An act to amend the Child Abuse dairy farmers dumping their milk and draft legislation to ensure that Amer- Prevention and Treatment Act to increase crops going to waste. The Farmers to ica is better prepared for the next pan- support for mental health. Families Food Box program allows demic or the next phase of COVID. S. 1646. An act to designate the commu- farmers to sell their products and crops nity-based outpatient clinic of the Depart- to be used in the boxes which has re- Our bill, the Strengthening Amer- ment of Veterans Affairs in St. Angustine, ica’s National Stockpile Act, was the duced waste. Florida, as the ‘‘Leo C. Chase Jr. Depart- John, from the Christian Food Bank product of our bipartisan collaboration ment of Veterans Affairs Clinic’’. of Elk County in my district, called the and makes important fixes to our na- S. 4072. An act to designate the clinic of tional stockpile for medical supplies so the Department of Veterans Affairs in Bend, boxes a ‘‘Godsend,’’ noting that recipi- that it is fully stocked, maintained, Oregon, as the ‘‘Robert D. Maxwell Depart- ents were deeply appreciative and and ready whenever Michigan and ment of Veterans Affairs Clinic’’. amazed by the quality and variety of other States across the country need The message also announced that the the food. Mel Curtis, director of the Centre it. Senate has agreed to a concurrent reso- County YMCA, said the boxes have lution of the following title in which b 1000 been extremely helpful for families be- the concurrence of the House is re- This is even more important as we cause the boxes provide goods that in- quested: see the number of COVID cases across dividuals and families with limited in- the country continue to increase. This S. Con. Res. 45. Concurrent Resolution pro- come may have to forego at the gro- bill requires constant upkeep to make viding for the use of the catafalque situated cery store. sure that the items in the stockpile in the crypt beneath the Rotunda of the Cap- I would like to give a special shout- itol in connection with memorial services to aren’t expired. It infuses transparency be conducted in the Supreme Court Building out to Mel Curtis and all of the other into how supplies are distributed from and the Capitol for the late honorable Ruth hardworking people at the Centre the stockpile, and it helps States cre- Bader Ginsburg, Associate Justice of the County YMCA. I have been particularly ate their own stockpiles. United States Supreme Court. impressed with their high energy, can-
VerDate Sep 11 2014 03:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.013 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4651 do spirit, and constant commitment to 967, the Journal of the last day’s pro- tion services manager. I have seen serving families in the Centre region. ceedings is approved. firsthand how substance abuse and Mel and his team are always inno- f mental health disorders can impact an vating and thinking of new ways to individual and their loved ones. reach out to the community. PLEDGE OF ALLEGIANCE Substance abuse and mental health I was pleased to join the Centre The SPEAKER pro tempore. Will the disorders do not discriminate. They do County YMCA this summer for a gentleman from Arizona (Mr. not see race, gender, or socioeconomic Travelin’ Table event to collect dona- O’HALLERAN) come forward and lead status. This is a particularly difficult tions of food and to pack grab-and-go the House in the Pledge of Allegiance. time to be struggling with a substance lunches for local students. Travelin’ Mr. O’HALLERAN led the Pledge of abuse problem or mental health dis- Table is a mobile feeding bus. Typi- Allegiance as follows: order. COVID–19 has put an enormous cally, the bus makes six to eight stops I pledge allegiance to the Flag of the strain on the American people over the a day delivering food, but operations United States of America, and to the Repub- last several months, and mental health have been kicked into high gear during lic for which it stands, one nation under God, has been undoubtedly impacted. the pandemic thanks to the YMCA indivisible, with liberty and justice for all. We can all play a part in helping team. f those who are struggling. I would like Mr. Speaker, that Travelin’ Table, to encourage anyone in need to take that mobile feeding bus, was made pos- ANNOUNCEMENT BY THE SPEAKER advantage of the resources available sible largely through a grant from PRO TEMPORE through the Substance Abuse and Men- USDA with rural economic develop- The SPEAKER pro tempore. The tal Health Services Administration by ment, and just a tremendous impact Chair will entertain up to 15 requests visiting their website or calling 1–800– that that has had at a critical time for 1-minute speeches on each side of 662–HELP. Sometimes just a phone call that all of our families across this Na- the aisle. can be a big step on the road to recov- tion are facing. ery. f This kind of attitude and commit- f ment to service is a beacon of hope dur- CELEBRATING THE EFFORTS OF RECOGNIZING THE SEVERITY OF ing these times, Mr. Speaker. THE GILA RIVER INDIAN COMMU- COVID–19 I thank the Centre County YMCA, NITY (Mr. CARSON of Indiana asked and the Christian Food Bank of Elk Coun- (Mr. O’HALLERAN asked and was was given permission to address the ty, and all of our other food bank staff given permission to address the House and volunteers who are helping fami- House for 1 minute.) for 1 minute.) Mr. CARSON of Indiana. Madam lies in their communities. Mr. O’HALLERAN. Madam Speaker, A special shout-out also to Patti Speaker, I rise today to honor the I rise today to speak in support of my 200,000 Americans, including the 3,500 Long, for her volunteer efforts in my Blackwater Trading Post Land Trans- own home community of Howard. Hoosiers who have lost their lives to fer Act, which passed the House of Rep- COVID–19. We won’t forget those we f resentatives by voice vote yesterday. lost, our family, friends, neighbors, co- RECESS I would like to thank Chairman GRI- workers, teachers, spiritual leaders, JALVA and Ranking Member BISHOP for and much more. The SPEAKER pro tempore. Pursu- moving this bill through regular order. ant to clause 12(a) of rule I, the Chair I also want to remember my cousins, My bill is a commonsense fix that will who passed away from the virus earlier declares the House in recess until 11 bring the Blackwater Trading Post, a.m. today. this year. Who knows how many lives which the Gila River Indian Commu- could have been saved if our leaders Accordingly (at 10 o’clock and 5 min- nity owns, into trust status. The utes a.m.), the House stood in recess. had been honest about the severity of Blackwater Trading Post is a cul- COVID–19 from the start? Who knows f turally and historically significant how many millions could have avoided b 1100 place. this illness and possible lifetime com- As Members of Congress, we are able AFTER RECESS plications from it, if those leaders had to restore Tribal homelands. I am hon- not made them make the impossible The recess having expired, the House ored that we did so yesterday. During choice between their health and their was called to order by the Speaker pro these difficult times, I am glad that we livelihoods? tempore (Ms. LEE of California) at 11 are able to advance legislation that I introduced H.R. 7161, the COVID–19 a.m. serves our constituents. Memorial Quilt Act of 2020, to create a f I thank my colleagues on both sides national memorial, Madam Speaker, to of the aisle for helping me move this everyone we have lost. We can’t change PRAYER initiative across the finish line. The the past, but we can impact the future. The Chaplain, the Reverend Patrick Gila River Indian Community has The Senate must pass the HEROES J. Conroy, offered the following prayer: worked hard to acquire this land, and Act, which we passed in May, to pro- Lord, merciful God, we give You passing this bill today is a celebration vide strong relief from COVID–19. We thanks for giving us another day. of their effort. can save countless lives if we put par- During the deliberations of this day, f tisanship aside and work together. send Your spirit of wisdom and good f judgment upon the Members of the peo- RECOGNIZING NATIONAL ple’s House, that the appropriation pro- RECOVERY MONTH CELEBRATING NATIONAL SMALL visions they must address would re- (Mr. THOMPSON of Pennsylvania BUSINESS WEEK dound to the benefit of all Americans. asked and was given permission to ad- (Mr. LAMALFA asked and was given Bless those throughout our Nation dress the House for 1 minute and to re- permission to address the House for 1 who are suffering from disease and nat- vise and extend his remarks.) minute and to revise and extend his re- ural disaster, and protect those who Mr. THOMPSON of Pennsylvania. marks.) labor to assist them. Lord, have mercy. Madam Speaker, I rise today to recog- Mr. LAMALFA. Madam Speaker, I May all that is done today be for nize September as National Recovery rise to celebrate National Small Busi- Your greater honor and glory. Month, an opportunity to raise aware- ness Week, which recognizes the con- Amen. ness about substance abuse and mental tributions small business owners and f health, and to shed light on the re- entrepreneurs make to our great soci- sources available to help those on the ety. THE JOURNAL road to recovery. More than half of Americans either The SPEAKER pro tempore. Pursu- Before my time in Congress, I spent own or work for a small business, and ant to section 4(a) of House Resolution 28 years as a therapist and rehabilita- they create nearly two out of three
VerDate Sep 11 2014 03:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.015 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4652 CONGRESSIONAL RECORD — HOUSE September 22, 2020 jobs in the U.S. every year. Unfortu- Democrats aren’t respecting the Con- I urge the Senate to follow suit and nately, our small businesses have been stitution; they are using their dis- move forward on this vital bill. through the wringer this year. With torted interpretation of it to justify at- coronavirus and overreaching govern- tacking President Trump for simply f ment regulations, especially in States doing his job. The seat must be filled like California, now more than ever without delay. TRIBUTE TO TEGAN ROOBOL they are relying on us to help them f through this difficult time. (Ms. SLOTKIN asked and was given CONSIDERING JUSTICE GINS- If we want to get America’s economy permission to address the House for 1 BURG’S REPLACEMENT BEFORE back on track to be the greatest in the minute.) THE ELECTION world, it starts with support for our Ms. SLOTKIN. Madam Speaker, small businesses. They are the key to (Mr. BUTTERFIELD asked and was today I rise to honor Tegan Roobol of propelling America’s prosperity for- given permission to address the House Howell, Michigan. ward. for 1 minute.) Ms. Roobol has dedicated her career Mr. BUTTERFIELD. Madam Speak- to helping others overcome obstacles. f er, on Friday night, a great American, As a physical therapist who works with RECOGNIZING AFFORDABLE Justice Ruth Bader Ginsburg, passed children with disabilities and those INTERIOR SYSTEMS from labor to reward. Moments after who have suffered traumatic injuries (Mr. MCGOVERN asked and was her passing, the Senate Republican through the Livingston Educational given permission to address the House Leader announced that Republicans Service Agency, Ms. Roobol has helped for 1 minute and to revise and extend will confirm any name that President hundreds of children learn to walk, his remarks.) Trump will send over, whether it is be- master basic motor skills, and gain Mr. MCGOVERN. Madam Speaker, I fore or after the election. independence. rise today to recognize Affordable Inte- It was in February of 2016, 9 months Recently, the inspiring mother of rior Systems, or AIS, of Leominster, before the election, that Justice Scalia two had the chance to try out some ob- Massachusetts, a company that nor- unexpectedly passed away, and Senate stacles of her own when she competed mally manufactures office furniture, Republicans announced they would on the popular TV series ‘‘American but which has organized volunteers wait until the election of the new Ninja Warrior.’’ from across the United States to create President to consider the replacement. Frustrated with the lack of recre- an amazing new initiative called Sew Because of this obstruction, President ation opportunities for those with dis- Obama was denied an opportunity to the Masks. abilities, she developed a unique, Like so many other patriotic Ameri- replace Justice Scalia. Republicans adaptive ninja warrior program for then took control and packed the cans, when the AIS team began to see children with special needs, and found- Court with the confirmation of Justice the terrible toll the coronavirus pan- ed a non-profit organization to reach Gorsuch. even more kids. demic was inflicting on our country, And now this is 2016 in reverse. The they jumped into action. Affection- Roobol has worked to overcome the Senate Republican Leader and LINDSEY ately drawing on the inspiration of obstacles of the stigma around mental GRAHAM are determined to confirm a World War II icon Rosie the Riveter, replacement before the election. This illness, and bravely shared her own AIS leveraged their expertise and ret- is the height of hypocrisy. It places the battle with depression in a book she rofitted a chair production line to integrity of our judiciary in a place authored. produce high-quality, reusable masks. where it should not be. We will not tol- Regardless of what happens on the Then they mobilized their own em- erate a second court packing. Do it at obstacle course, Ms. Roobol is a real- ployees, as well as volunteers from your peril. life warrior, fighting to make a dif- across the country, affectionately ference for some of the most vulnerable known as Rosies, to sew high-quality f members of our community. reusable masks for first responders and A GREAT VICTORY FOR OUR other essential employees. FIRST RESPONDERS f Madam Speaker, I find their dedica- (Mr. ZELDIN asked and was given tion to helping their neighbors in the permission to address the House for 1 RECOGNIZING WORLD WAR II fight against COVID–19 nothing short minute and to revise and extend his re- VETERAN GEORGE BEAM of awe-inspiring, and I hope you will marks.) join me in recognizing the amazing Mr. ZELDIN. Madam Speaker, as (Mr. MCKINLEY asked and was given work of AIS and their volunteers from early as today, the House will be vot- permission to address the House for 1 across the country. ing to pass the Don’t Break Up the T- minute.) Mr. MCKINLEY. Madam Speaker, I f Band Act, of which I am proud to be an rise today to honor George Beam of PRESIDENT TRUMP’S SUPREME original cosponsor. This would mark a great victory for Fort Ashby, West Virginia, who will be COURT PICK our first responders who use the T- celebrating his 100th birthday next (Ms. FOXX of North Carolina asked Band spectrum and bravely and self- month. and was given permission to address lessly put their lives on the line each George Beam’s life is one of exem- the House for 1 minute.) and every day to protect our commu- plary service to his community and his Ms. FOXX of North Carolina. Madam nities. country. During the height of World Speaker, Democrats love to throw From hurricanes to fires, the T-Band War II, he enlisted and served in the around the term ‘‘constitutional cri- spectrum provides critical communica- United States Army, leaving behind his sis’’ to distract the American people tion between first responders. Even wife and newborn baby. Mr. Beam from the facts. when cell phones, internet, and elec- sensed the call of duty and he knew Was it a constitutional crisis when 22 tricity cease to function, T-Band is the serving his country was the right thing past Presidents made Supreme Court last line of defense. to do. nominations in election years? We However, the T-Band spectrum is For his service, he received numerous didn’t hear Democrats harping then, mandated to be sold. According to the recognitions, including a Purple Heart but we sure do now. GAO, this misguided sale and the relo- for his injury at the infamous Battle of Democrats believe that the vacancy cation of users would actually cost tax- the Bulge. on the Supreme Court is theirs for the payers $5 billion to $6 billion. After the war, Beam returned home taking, and they claim it would be ille- Thankfully, this bipartisan legisla- to West Virginia where he operated gal for President Trump to appoint a tion would preserve the spectrum, and several businesses in Fort Ashby. Justice this year. It is absurd to say help ensure our first responders have George Beam, we wish you a happy that a duly-elected President fulfilling the resources to do their jobs safely 100th birthday. You truly are a great his constitutional duty is illegal. and effectively. American.
VerDate Sep 11 2014 03:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.017 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4653 REPUBLICANS ARE SUPPORTING long as there is unrest in our lives.’’ They were our nurses and doctors, THE INVESTOR CLASS WHILE ‘‘No justice, no peace.’’ We have all our heroes on the front lines of the DEMOCRATS ARE FIGHTING FOR heard it. fight against this virus. THE WORKING CLASS If such indirect encouragement is not They were our grandparents who (Ms. PLASKETT asked and was given bad enough, continued silence from were forced to spend their final mo- permission to address the House for 1 certain leaders may be even worse. ments alone. They were our essential workers, our minute and to revise and extend her re- The idea that, after an assassination vulnerable neighbors, our closest marks.) attempt of two sheriffs in California, the former attorney general, the top friends. Ms. PLASKETT. Madam Speaker, Their families have been devastated while Senator MCCONNELL works fer- cop, and current Senator of the State remaining silent on this issue is out- with grief, made worse by the painful vently to confirm a Supreme Court reality that we cannot gather safely to Justice, he continues to block the re- rageous. Just this week, as a response to the mourn our losses together. lief that Americans need, holding a To every American who has lost failed vote on a bill that refuses to President’s constitutional duty to nominate a Supreme Court Justice, the someone to the coronavirus, I extend crush the virus, abandons our heroes in my deepest condolences, and I grieve State and local government, ignores far left immediately stated: ‘‘Let this moment radicalize you.’’ They later with you. families facing hunger and homeless- I commit to you that I will continue ness, and contains poison pills that stated: ‘‘Nothing is off the table.’’ Just now, it was stated: ‘‘Do so at your to honor the lives lost with action Democrats cannot support. through making investments in health As families suffer, Republicans con- peril.’’ That is a threat. This incites lawlessness and has nothing to do with and our economy to ensure that Amer- tinue to refuse to acknowledge the ica recovers from COVID–19 stronger funding levels that experts, scientists, national unity. We can disagree on policy, but now, than ever. and the American people know is need- f ed. They reject robust support for more than ever, we need new leaders State, local, Tribal and territorial gov- who aspire to follow in the heroic foot- HONORING THOSE WHO DON ernments. They want to bully many steps of Martin Luther King and call CROWNS OF ALL TYPES schools into reopening before it is safe out those who fail to do so. (Ms. PRESSLEY asked and was given to do so, endangering children, edu- f permission to address the House for 1 cators, and creating new vectors for CONGRESS NEEDS MORE minute.) the virus to spread. COOPERATION Ms. PRESSLEY. Madam Speaker, I Republicans are ignoring the crisis of rise in strong support of the CROWN (Mr. BLUMENAUER asked and was food insecurity, providing zero funds Act, which will move us one step closer given permission to address the House for nutrition assistance, and insuffi- to ending the centuries of discrimina- for 1 minute and to revise and extend cient funds to our farmers. tion against Black hair, discrimination his remarks.) that has rejected the dignity and beau- Originally, our side, the Democrats, Mr. BLUMENAUER. Madam Speaker, were willing to compromise and cut a ty of my people. the shock of the loss of Justice Gins- From personnel handbooks to school trillion from the HEROES Act if the burg and the stunning hypocrisy of Re- White House would add a trillion to the dress code policies, Afros, locs, and publicans who denied Judge Garland twists have been codified as proxies for failed and anemic Senate bill. We even a hearing because a year was not wanted to negotiate and meet in the our Black skin and manifestations of enough time rush to jam through an- anti-Black racism. middle at $2.2 trillion. Yet, Senate Re- other Trump appointment. publicans and the White House con- Many, especially Black women, grow The devastating national disasters of up hearing that our natural coils and tinue to reject a compromise, and in- the Oregon and California fires and stead, the Senate GOP continues to kinks are distracting, ghetto, ugly, and Trump’s failure to respond to the unprofessional. From as early as grade move further away from what is need- COVID health and economic disasters ed. school, Black girls are pushed out of are a stunning backdrop to the work school for wearing their hair naturally. While Republicans fail to take the we have before us. catastrophe facing families seriously, As we grow up, we are taught to We have a chance to take steps in straighten our hair if we want to get a our health and economy are crumbling. this Congress that in normal times Republicans are supporting the inves- job or simply live our lives in peace. would be historic reforms working with When I first joined Congress, I proud- tor class while Democrats are fighting you, Madam Speaker on legislation to for the working class. ly chose to wear my hair in Senegalese reform our hopelessly outdated mari- twists because I sought to inten- f juana legislation. tionally create space for all of us to b 1115 We have a chance to pass legislation show up in the world as our authentic that would rescue 500,000 independent LEADERS MUST CONDEMN selves. restaurants, who are at risk of going VIOLENCE Today, I navigate the world a little out of business if we don’t take steps differently. My beautiful twists were (Mr. MEUSER asked and was given now. And these are bipartisan initia- taken from me due to the autoimmune permission to address the House for 1 tives. disease known as alopecia universalis. minute and to revise and extend his re- Congress ought to do what it can But today, I stand in honor of those marks.) moving forward where it can cooperate. who don crowns of all types. May they Mr. MEUSER. Madam Speaker, those Who knows, it might become habit continue to shine. who are placed in positions of leader- forming. f ship, particularly those elected by the f people, have a responsibility to put IN HONOR OF JUSTICE RUTH their short-term interests aside for the HONORING 200,000 LIVES LOST BADER GINSBURG greater collective good. WITH ACTION (Mr. DOGGETT asked and was given We have a problem in America with (Ms. UNDERWOOD asked and was permission to address the House for 1 violence in our streets, destruction of given permission to address the House minute.) property, and hateful rhetoric toward for 1 minute and to revise and extend Mr. DOGGETT. Madam Speaker, Sat- police and innocent bystanders every her remarks.) urday Libby and I joined many at the day. As a result, people are fleeing our Ms. UNDERWOOD. Madam Speaker, I Supreme Court to honor Justice Ruth cities in droves, yet many so-called rise today in solemn recognition of the Bader Ginsburg, a true defender of our leaders have tacitly condoned the de- grave milestone our Nation soon will most fundamental rights at a time struction with phrases like: ‘‘People be reaching: 200,000 lives lost to the when this President and his enablers will do what they do,’’ and, ‘‘There COVID–19 pandemic—among them, increasingly threaten the very preser- needs to be unrest in the streets for as 8,457 Illinoisans. vation of our democracy.
VerDate Sep 11 2014 03:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.019 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4654 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Having fought her entire professional They have no integrity. It is a shame the bill (H.R. 991) to extend certain life against double standards, it is es- that they did not learn the lessons of provisions of the Caribbean Basin Eco- sential that a double standard not Justice Ginsburg, which were decency nomic Recovery Act until September apply to her replacement. and honesty and integrity, one who 30, 2030, and for other purposes, as When Justice Scalia died 8 months fought for others. amended. before a Presidential election, Repub- All they want to do is fight for them- The Clerk read the title of the bill. licans blocked any consideration of selves. They want to take away our The text of the bill is as follows: President Obama’s nomination to the healthcare. They don’t want to help H.R. 991 Court. Only total hypocrisy would per- people who are in trouble. They don’t Be it enacted by the Senate and House of Rep- mit Republicans to name a replace- care about people who are unemployed. resentatives of the United States of America in ment after voting for President has al- All they want to do is win. Congress assembled, ready begun in a number of States. But what do they win? What have SECTION 1. SHORT TITLE. Why Trump’s big rush? Because he they won for this Nation? They just This Act may be cited as the ‘‘Extension of wants this court packed with judges want to benefit themselves. the Caribbean Basin Economic Recovery We are not here for ourselves. We are that will take away healthcare and Act’’. here for the people who sent us here. protection for preexisting conditions SEC. 2. EXTENSION OF THE CARIBBEAN BASIN We are here to represent the people. ECONOMIC RECOVERY ACT. for millions of Americans. And just in When you lose sight of that, what a Section 213 of the Caribbean Basin Eco- case, when he loses the popular vote shame, what an absolute shame. They nomic Recovery Act (19 U.S.C. 2703) is once again, he needs some judges to are a disgrace to this Nation. amended as follows: help him cling to power. The best trib- (1) EXTENSION FOR CERTAIN KNIT APPAREL f ute to Justice Ginsburg is demanding ARTICLES.—In clause (iii) of subsection consistency and then replacing a Presi- CONGRESS MUST WORK TO SAVE (b)(2)(A)— dent who shares absolutely none of her LIVES, PROTECT LIVELIHOODS (A) in subclause (II)(cc), by striking ‘‘Sep- values. tember 30, 2020’’ and inserting ‘‘September (Ms. LEE of California asked and was 30, 2030’’; and With everything at stake, we need to given permission to address the House (B) in subclause (IV)(dd), by striking ‘‘Sep- give it everything we have got. Let’s for 1 minute and to revise and extend tember 30, 2020’’ and inserting ‘‘September protect the equality and justice she her remarks.) 30, 2030’’. worked a lifetime to defend. Ms. LEE of California. Mr. Speaker, (2) EXTENSION OF LIMITATION WITH RESPECT f this pandemic has taken over 200,000 TO CERTAIN OTHER APPAREL ARTICLES.—In lives, bankrupted State and local gov- clause (iv)(II) of such subsection, by striking AMERICAN PEOPLE DESERVE ernments, and destroyed our economy, ‘‘18’’ and inserting ‘‘28’’. BETTER not to mention nearly 20 million people (3) EXTENSION OF TRANSITION PERIOD.—In (Mr. CICILLINE asked and was given have lost their jobs as a result of this subsection (b)(5)(D)(i), by striking ‘‘Sep- tember 30, 2020’’ and inserting ‘‘September permission to address the House for 1 devastating public health and eco- 30, 2030’’. minute.) nomic crisis. Communities of color SEC. 3. CUSTOMS USER FEES. have been hit the hardest. Mr. CICILLINE. America will soon (a) IN GENERAL.—Section 13031(j)(3) of the pass 200,000 deaths from COVID–19. This My condolences go out to those who Consolidated Omnibus Budget Reconciliation pandemic is now the second leading have lost loved ones. Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— cause of death in our country, only be- Over 4 months ago, House Democrats (1) in subparagraph (A), by striking ‘‘Sep- hind heart disease. passed the HEROES Act, which reflects tember 30, 2029’’ and inserting ‘‘October 21, This year, it will kill more Ameri- the needs of the American people and 2029’’; and cans than lung cancer, stroke, Alz- allocates the resources to save lives (2) in subparagraph (B)(i), by striking heimer’s, diabetes, and the flu, and it and to boost the economy. It has been ‘‘September 30, 2029’’ and inserting ‘‘October over 130 days since we passed the HE- 21, 2029’’. didn’t have to be this way. (b) RATE FOR MERCHANDISE PROCESSING President Trump knew the dangers in ROES Act. Since that time, the other body and FEES.—Section 503 of the United States– January. His Deputy National Security the White House have done nothing to Korea Free Trade Agreement Implementa- Advisor told him to cut off travel from tion Act (Public Law 112–41; 19 U.S.C. 3805 help the American people. Instead, this China, but he didn’t do that. note) is amended by striking ‘‘September 30, administration and Senate Republicans The next month, the President told a 2029’’ and inserting ‘‘October 21, 2029’’. muzzled scientists and refused to com- reporter that COVID–19 was more dead- SEC. 4. DETERMINATION OF BUDGETARY EF- promise. ly than even your most strenuous flus, FECTS. Let me be clear: The White House in- The budgetary effects of this Act, for the but he didn’t tell the American people. tentionally downplayed the severity of purpose of complying with the Statutory He did what he always does when he the virus, and now the COVID pan- Pay-As-You-Go Act of 2010, shall be deter- faces a crisis. He failed the American demic has taken lives that could have mined by reference to the latest statement people. been saved. titled ‘‘Budgetary Effects of PAYGO Legisla- Just yesterday, he told a crowd of his Time is of the essence. I urge my col- tion’’ for this Act, submitted for printing in own supporters in Ohio that the disease leagues across the aisle to work with the Congressional Record by the Chairman of ‘‘affects virtually nobody.’’ Yet, 200,000 Democrats to save lives and protect the House Budget Committee, provided that have died of this disease. such statement has been submitted prior to livelihoods now more than ever. the vote on passage. He is not up to his job. He never was. f It is too big for him. The SPEAKER pro tempore. Pursu- The American people deserve a Presi- b 1130 ant to the rule, the gentleman from Or- dent who will take this deadly virus se- ANNOUNCEMENT BY THE SPEAKER egon (Mr. BLUMENAUER) and the gen- riously and has a plan to defeat it. PRO TEMPORE tleman from Ohio (Mr. WENSTRUP) each will control 20 minutes. f The SPEAKER pro tempore (Ms. LEE The Chair recognizes the gentleman REPUBLICANS PUT THEMSELVES of California). Pursuant to clause 8 of from Oregon. FIRST rule XX, the Chair will postpone fur- ther proceedings today on motions to GENERAL LEAVE (Ms. FUDGE asked and was given suspend the rules on which the yeas Mr. BLUMENAUER. Madam Speaker, permission to address the House for 1 and nays are ordered. I ask unanimous consent that all Mem- minute.) The House will resume proceedings bers have 5 legislative days to revise Ms. FUDGE. Madam Speaker, on Fri- on postponed questions at a later time. and extend their remarks and include day, we lost an honorable and decent f extraneous material on the bill under woman, Justice Ginsburg, a person who consideration. changed the world. EXTENSION OF THE CARIBBEAN The SPEAKER pro tempore. Is there But for all her successes, those who BASIN ECONOMIC RECOVERY ACT objection to the request of the gen- are bent on choosing her successor Mr. BLUMENAUER. Madam Speaker, tleman from Oregon? have no decency. They have no honor. I move to suspend the rules and pass There was no objection.
VerDate Sep 11 2014 03:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.021 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4655 Mr. BLUMENAUER. Madam Speaker, erences under CBTPA, more important trade preference programs like the I yield myself such time as I may con- now than ever. CBTPA. sume. Recently, we heard firsthand at our Again, I want to thank Congress- Madam Speaker, let me begin by hearing from witnesses and some of our woman SEWELL for her partnership on commending Representatives SEWELL colleagues, including Congresswoman this issue, as well as Ranking Member and WENSTRUP for taking a leadership SEWELL, about the development chal- BRADY and Chairman NEAL for their role on this program. Last year, they lenges that persist in the region. support. introduced this bill to reauthorize the Like any good trading relationship, Madam Speaker, this is good, sound Caribbean Basin Trade Partnership we will continue to work to improve policy which stands to benefit both Act, which expires at the end of the labor conditions, political stability, Americans and our friendly neighbors month. They helped organize a terrific and expand economic development to in the Caribbean. I urge my colleagues hearing before the Ways and Means all countries in the region. to support its passage, and I reserve Trade Subcommittee to be able to Passing this reauthorization is an the balance of my time. focus on this. important step toward those goals. Mr. BLUMENAUER. Madam Speaker, It is imperative that the Senate act Madam Speaker, I urge my col- I yield such time as she may consume quickly on this bill and that we get it leagues to support this important leg- to the gentlewoman from Alabama (Ms. done before September 30. islation and I urge the Senate to act SEWELL), who has played an instru- mental role in this legislation. In today’s political climate, it is im- quickly to extend the bipartisan pro- Ms. SEWELL of Alabama. Madam portant to highlight those few areas of gram without delay. It is an oppor- Speaker, I thank Chairman BLU- bipartisan consensus. The CBTPA has tunity for us to demonstrate to the MENAUER for yielding me the time. historically enjoyed that bipartisan country and to ourselves that despite and bicameral support, in part because I rise today in support of H.R. 991, my many of the challenges, there are legislation to reauthorize the Carib- of the shared history and close ties to things we can do working together to the United States with the Caribbean bean Basin Trade Promotion Act. improve the conditions. Madam Speaker, I thank my Repub- Basin region. Madam Speaker, I reserve the bal- There are about 13 million Americans lican colleague, BRAD WENSTRUP, for ance of my time. his leadership on this bill. I also want who have Caribbean ancestors. They Mr. WENSTRUP. Madam Speaker, I represent 4 percent of the American to thank Chairman NEAL and Ranking yield myself such time as I may con- Member BRADY for all of their help. population. sume. The Caribbean, in particular Haiti, Madam Speaker, I especially want to Madam Speaker, I rise today in sup- played a critical role in the American acknowledge my chairman of the Sub- port of H.R. 991, which extends the Car- Revolutionary War, where hundreds of committee on Trade, Mr. BLUMENAUER, ibbean Basin Trade Partnership Act Haitians fought for America’s inde- for hosting a very meaningful hearing through 2030. This legislation enjoys on the Caribbean Basin Trade Pro- pendence. Years later, Haiti would defend the wide bipartisan support, and I want to motion Agreement and its importance French and become the first Black re- thank Congresswoman TERRI SEWELL of being reauthorized by September 30 public, influencing the rise of aboli- for partnering with me to get this of this year. For two decades, the Caribbean Basin tionist and anti-colonial movements done. Trade Promotion Agreement has been all over the world, especially here in Madam Speaker, I also thank Rank- a critical tool to expand our diplomatic the United States. Haiti’s sacrifices ing Member BRADY and Chairman NEAL and economic relationship with coun- and unyielding resolve continue to in- for their cooperation and support of this legislation as well. tries throughout the Caribbean Basin spire millions. region. This agreement has allowed for Sadly, the United States, under the As a Member of the House Ways and duty- and quota-free treatment of prod- influence of slave-holding interests, ac- Means Committee, I am proud to sup- port our Nation’s trade preference pro- ucts made with U.S. goods. tively worked against this fledgling The liberalization of our trade rela- new republic. They were threatened by grams, which bolster further economic expansion in truly developing nations tionship with these countries has the specter of a slave uprising and strengthened Western Hemisphere sup- Black independent government. and support jobs here in America. It is a true win-win scenario. ply chains, while providing economic The United States was hostile to development and job creation in the re- Haiti for years, and worked to under- In particular, the Caribbean Basin Trade Partnership Act, or CBTPA, ac- gion. mine its success. Rather than be a con- In 2018, United States exports to CBI complishes that goal in the Caribbean, structive partner to help this fledgling countries totalled $13.4 billion, while providing trade benefits to eight Carib- republic, the United States interfered, imports totaled $6 billion, creating a bean nations, most notably, Haiti. and more importantly, failed to em- $7.4 billion goods trade surplus for the Furthermore, the program also bene- brace the emergence of the first Black United States. republic. fits American businesses and workers, One of those Caribbean Basin coun- Now, there are some admitted prob- a number of whom have created strong, tries, Haiti, has had tremendous eco- lems of governance, poverty, and cor- reliable partnerships with suppliers in nomic benefits by the Caribbean Basin ruption in Haiti and in the region. I the Caribbean. This partnership helps Trade Promotion Act. The economic personally strongly believe that some to add value for customers and sup- benefits of the CBTPA are essential, of those difficulties that Haiti experi- ports American jobs. with over 90 percent of their nearly $1 ences to this day are the result of fail- Also of note, the program requires billion in exports entering the United ures of American policy. the use of U.S. yarn, which boosts jobs States with the CBTPA or HOPE duty- That is why this Caribbean Basin Ini- in our cotton and textile industry. free treatment. Moreover, the Associa- tiative is so important. It is an oppor- In my district, Cintas Corporation, tion of Haitian Industries has esti- tunity to continue to strengthen Hai- which is headquartered in Cincinnati, mated that the CBTPA, along with the ti’s economy and our working relation- utilizes a strong partnership with Hai- HOPE and HELP programs, has created ship. tian suppliers as part of their North over 50,000 jobs in Haiti, alone. In 2001, after that devastating earth- American supply chain. The reauthorization of this program quake in Haiti, I joined a bipartisan, Finally, as we step back and look at ahead of the September 30 deadline will bicameral delegation to Port-au-Prince the bigger picture: The CBTPA helps allow us to continue to strengthen the to demonstrate the ongoing support in American stewardship of the Western foundation for long-term economic sta- Congress to the Haitian people, to un- Hemisphere, where we want to support bility, while contributing to our diplo- derstand the challenges they face, and budding democracies on our doorstep matic and security interests. demonstrate our commitment to work and create mutually beneficial eco- Continued economic development in with the Haitian Government to assist nomic stability with our neighbors. the region is a goal that we should all with reconstruction efforts. Our overall trade agenda is well served share, and the passage of this legisla- Haiti, by design, is the primary bene- by agreements like the recently passed tion will reaffirm the commitment of ficiary of the textile and apparel pref- USMCA, as well as these important the United States to this objective.
VerDate Sep 11 2014 03:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.024 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4656 CONGRESSIONAL RECORD — HOUSE September 22, 2020 The importance of our diplomatic the Caribbean Basin Trade Promotion in a bipartisan fashion, not only with and economic ties with the Caribbean Agreement should be something that my friend Congresswoman SEWELL, but Basin countries is highlighted by the we can all support. really with the entire committee. I strong support for this legislation that Madam Speaker, I am proud that this think that we really came together and we receive from the Congressional important issue is before us for a vote, saw the benefits to America and to de- Black Caucus. and I urge all of my colleagues to vote veloping nations as we move forward. In a letter of support for H.R. 991 to in favor of this very important legisla- Madam Speaker, I include in the congressional leadership, the CBC tion. RECORD a letter in support of this legis- aptly pointed out: Millions of Ameri- Again, Madam Speaker, I want to lation from the textile, apparel, and cans have Caribbean ancestry and thank Chairman BLUMENAUER for al- footwear industry as well as the broad- make up important segments of the lowing me to speak on this very impor- er business community. United States population. Haiti is the tant measure. SEPTEMBER 22, 2020. first Black republic, influencing the DEAR MEMBERS OF THE U.S. HOUSE OF REP- rise of abolitionist and anticolonial b 1145 RESENTATIVES: On behalf of the undersigned Mr. WENSTRUP. Madam Speaker, I organizations—representing the full spec- movements all across the world, espe- trum of the textile, apparel, and footwear in- cially in the United States. yield 4 minutes to the gentleman from dustry, as well as the broader business com- The history and the future for mil- Arizona (Mr. SCHWEIKERT), a distin- munity—we urge you to vote YES on H.R. lions of Americans is directly tied to guished member of the Ways and 991—Extension of the Caribbean Basin Eco- the economic prosperity of Caribbean Means Committee. nomic Recovery Act. Basin countries, and our relationship Mr. SCHWEIKERT. Madam Speaker, By extending the Caribbean Basin Eco- must reflect this reality. I thank Ms. SEWELL and Dr. WENSTRUP nomic Recovery Act to September 30, 2030, Within this context, we also must for taking this on. the Caribbean Basin Trade Partnership Act continue to push our trading partners (CBTPA) will also be extended. Since its in- My reason for being here behind the ception in 2000, CBTPA has become an im- for compliance with key eligibility cri- microphone is more than Arizona portant element of the effort to develop and teria under the agreement, including grows an amazingly high-quality cot- facilitate trade within the Caribbean Basin upholding the rights of workers and ton and this is one of our markets. I region, most notably with Haiti. Overall, combating corruption. A lapse in this think, actually, it is part of a vision a CBTPA is structured in a fashion that rea- agreement would jeopardize the eco- number of us have, and I thank Chair- sonably balances the interests of U.S. textile nomic and social well-being of workers man BLUMENAUER for hopefully sharing manufacturers with those of textile and ap- in the region. this vision, and that is thinking of the parel manufacturers in the region. The Today’s step forward to reauthorize CBTPA requires the use of U.S. or CBTPA- world post the change of NAFTA, regional yarns and fabrics, which means this very important trade promotion USMCA. program will allow for continued co- Haiti, as the main country still participating How do we start to become more in the CBTPA, has become an important ex- operation and enforcement on these hemispheric-centric? Our neighbors, port market for U.S. textiles. critical issues. I look forward to re- particularly our neighbors who do Along with the Haitian Hemispheric Op- maining engaged with all of the stake- truly still have overwhelming poverty, portunity through Partnership Encourage- holders to support these goals, includ- how do we engage in pieces of legisla- ment (HOPE) Act, and the Haiti Economic Lift Program (HELP) Act, the CBTPA now ing expanding human rights and eco- tion that make it so we can trade with nomic prosperity for all. increases U.S. exports to strategic allies in our neighbors, trade with those who the Caribbean Basin. Not only have these Madam Speaker, I want to thank the are right around us? That is what is so Ambassador of Haiti, Ambassador programs supported numerous U.S. textile, powerful about what is being done apparel, and footwear jobs, but they have Denis, who testified before the sub- here. also supported economic development in the committee, for his eloquence on the Being someone who has spent, not a region, advancing key U.S. foreign, security, importance of the Caribbean Basin lot of time but a little time in Haiti, and immigration policy goals. Trade Promotion Agreement for Haiti, Specifically, the CBTPA continues to play you see things that are optimistic, in particular. a direct and critical role in advancing the in- hopeful, and heartbreaking at the same Madam Speaker, I also want to thank dustry partnership that currently exists be- all of the representatives from the time. But these are parts of the build- tween the United States and Haiti. In 2019, eight Caribbean Basin countries that ing blocks of how we build an economic 100 percent (by volume) of apparel that was have come to my office and talked to circle of virtue in our region. imported into the United States under the CBTPA was imported from Haiti. And U.S. us ad nauseam about how important it So I am hopeful that we move this forward and the Senate takes it up apparel imports from Haiti continue to grow. is that we extend the Caribbean Basin In fact, total U.S. garment imports from reauthorization. quickly, but I am also hopeful that we start to see this in a more holistic vi- Haiti grew 13.4% in 2019. Because the rules of As well, Madam Speaker, I would like origin for these programs generally require to also thank Charlie Rangel, who was sion of we now have a change in our the use of U.S. fabrics and yarns, these U.S. the member of the House Ways and trade agreement with Mexico, Canada. garment imports incorporate prior U.S. tex- Means Committee who really cham- Now, if we can update our trade tile exports. pioned this initially, two decades ago. agreements with the Caribbean Basin, Those benefits are now threatened because When I took Charlie’s position on the what else can we do to make our region of questions surrounding the renewal of the CBTPA. These concerns come on top of the Ways and Means Committee, he sat me economically prosperous, economically fair, economically something that the considerable pain, costs, and uncertainty the down and told me how important it industry is already trying to manage as a re- was that we not only reauthorize, but rest of the world will look forward to sult of COVID–19 and the accompanying eco- we strengthen the Caribbean Basin and say: This is what trade, when it is nomic crisis. Orders have already been Trade Promotion Agreement. done properly, can bring to people who placed for goods that will arrive well after So this is an important step in reau- have actually had really rough times, September 30. Companies must increasingly thorizing this very important trade when you think of earthquakes and of assume that these orders will be fully duti- agreement before its September 30 hurricanes in the region. able—even if using U.S. inputs—putting our deadline. These are some of the good things, as Haitian customers and partners, and our U.S. a country, we can do to our brothers textile manufacturers and exporters at a dis- Madam Speaker, I again want to say advantage. how proud I am that this agreement and sisters who are our neighbors. The CBTPA offers a great opportunity for has huge bipartisan support. The reau- Mr. BLUMENAUER. Madam Speaker, companies looking to diversify their supply thorization of this program would not I am prepared to close so I will defer to chains close to home, but it is set to expire be possible if it had not been for the bi- my colleague from Ohio. I reserve the on September 30, 2020. We urge you to vote partisan support that my colleague balance of my time. YES on H.R. 991—Extension of the Caribbean from Ohio, Congressman WENSTRUP, Mr. WENSTRUP. Madam Speaker, I Basin Economic Recovery Act and extend it yield myself the balance of my time. another ten years. has so ably provided, a partnership in Thank you for your consideration. this agreement. Madam Speaker, I just want to make Sincerely, While debate over U.S. trade policy is one final comment. It has been a pleas- Accessories Council; American Apparel & often rigorous, the reauthorization of ure with this particular issue to work Footwear Association (AAFA); Council of
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.025 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4657 Fashion Designers of America (CFDA); Foot- But we should be here today voting on two SECTION 1. SHORT TITLE. wear Distributors & Retailers of America trade extensions: the Caribbean Basin Trade This Act may be cited as the ‘‘Uyghur (FDRA); INDA, Association of the Nonwoven Partnership and the Generalized System of Forced Labor Prevention Act’’. Fabrics Industry; National Retail Federation Preferences. SEC. 2. FINDINGS. (NRF); North American Association of Uni- Congress finds the following: form Manufacturers and Distributors; Out- Both of these programs have bipartisan sup- port. Both of them are set to expire this year. (1) In the Xinjiang Uyghur Autonomous door Industry Association (OIA); Retail In- Region of China, the Government of the Peo- dustry Leaders Association (RILA); Sports & And if we extend both of them today, our man- ple’s Republic of China has, since 2017, arbi- Fitness Industry Association (SFIA); Travel ufacturers, producers, and consumers would trarily detained as many as 1.8 million Goods Association (TGA); United States have more certainty right now. Uyghurs, Kazakhs, Kyrgyz, and members of Fashion Industry Association (USFIA); U.S. In the midst of a pandemic, we should be other Muslim minority groups in a system of Chamber of Commerce. doing everything we can to offer our job cre- extrajudicial mass internment camps, and Mr. WENSTRUP. Madam Speaker, I ators certainty, yet Democrats are not includ- has subjected detainees to forced labor, tor- yield back the balance of my time. ing an extension of GSP in today’s vote. ture, political indoctrination, and other se- Mr. BLUMENAUER. Madam Speaker, The GSP program reduces tariffs on thou- vere human rights abuses. I yield myself the balance of my time. sands of products from around the world. This (2) Forced labor exists within the Xinjiang Madam Speaker, I thank the good program saves American families money on Uyghur Autonomous Region’s system of doctor, and Ms. SEWELL for helping us mass internment camps, and throughout the everyday products and boosts America’s region, and is confirmed by the testimony of facilitate the movement of this legisla- economy. And in my state of Texas, GSP tion and make it possible for us to ac- former camp detainees, satellite imagery, brought our consumers and small businesses and official leaked documents from the Gov- tually maybe even get it enacted in over $76 million in cost savings in 2018 alone. ernment of the People’s Republic of China as this Congress before the deadline ex- The remainder of the Congressional sched- part of a targeted campaign of repression of pires at the end of the month. ule until GSP expires at the end of the year Muslim ethnic minorities. As I referenced, this, I think, is very, is completely unpredictable. We should not (3) In addition to reports from researchers very important. The region is home to leave GSP on the cutting room floor. GSP de- and civil society groups documenting evi- these eight countries that have pro- serves to be a bipartisan priority, and I con- dence that many factories and other sup- vided some 13 million Americans with a pliers in the Xinjiang Uyghur Autonomous tinue to urge House Democrats to act. Region are exploiting forced labor, the De- country of origin. It is in our neighbor- I strongly support today’s bill, and I urge bi- hood and it is an area where the United partment of Commerce’s Bureau of Industry partisan passage. But we must continue to and Security on July 22, 2020, added eleven States has been involved from the be- work together to get GSP’s extension across entities to the entity list after determining ginning. the finish line without further delay. Our Amer- the entities had been ‘‘implicated in human As I mentioned in my opening com- ican businesses cannot afford to wait. rights violations and abuses in the imple- ments, we have not always distin- The SPEAKER pro tempore. The mentation of China’s campaign of repression, guished ourselves with honor but this question is on the motion offered by mass arbitrary detention, forced labor and is an opportunity for us to do the right the gentleman from Oregon (Mr. BLU- high-technology surveillance against Uyghurs, Kazakhs, and other members of thing: to build on this existing legisla- MENAUER) that the House suspend the Muslim minority groups in the Xinjiang tion; to not have it expire; to dem- rules and pass the bill, H.R. 991, as onstrate broad, bipartisan commitment Uyghur Autonomous Region’’. amended. (4) Audits and efforts to vet products and and then get back to the hard work of The question was taken; and (two- supply chains in the Xinjiang Uyghur Auton- implementing it. thirds being in the affirmative) the omous Region are unreliable due to the ex- It provides a framework but it is not rules were suspended and the bill, as tent forced labor has been integrated into self-executing. It is something that we amended, was passed. the regional economy, the mixing of involun- need to do with policy, with our ac- A motion to reconsider was laid on tary labor with voluntary labor, the inabil- tions and words, being able to build on the table. ity of witnesses to speak freely about work- ing conditions given government surveil- this as a foundation for progress in this f critical region. lance and coercion, and the incentive of gov- I thank Madam Speaker for the op- RECESS ernment officials to conceal government- portunity to advance it, and I strongly sponsored forced labor. The SPEAKER pro tempore. Pursu- (5) The Department of State’s June 2019 urge all of my colleagues to approve ant to clause 12(a) of rule I, the Chair Trafficking in Persons Report found that this legislation and be able to keep it declares the House in recess for a pe- ‘‘Authorities offer subsidies incentivizing in force before it expires at the end of riod of less than 15 minutes. Chinese companies to open factories in close the month. Accordingly (at 11 o’clock and 50 proximity to the internment camps, and Madam Speaker, I yield back the bal- minutes a.m.), the House stood in re- local governments receive additional funds ance of my time. cess. for each inmate forced to work in these sites at a fraction of minimum wage or without Mr. BRADY. Madam Speaker, I want to f thank Dr. BRAD WENSTRUP for yielding time to any compensation.’’. me, and I want to congratulate him and Ms. b 1159 (6) U.S. Customs and Border Protection has issued eight ‘‘Withhold Release Orders’’ on SEWELL for their strong, bipartisan leadership AFTER RECESS certain garments, hair products, cotton, on this important bill. The recess having expired, the House processed cotton, and computer parts sus- I rise today in support of this legislation. The was called to order by the Speaker pro pected to be produced with prison or forced Caribbean Basin Trade Partnership creates tempore (Ms. LEE of California) at 11 labor in the Xinjiang Uyghur Autonomous jobs, promotes American values abroad, and o’clock and 59 minutes a.m. Region. incentivizes beneficiary countries to comply (7) In its 2019 Annual Report, the Congres- f with the economic rule of law, bolstering their sional-Executive Commission on China development. UYGHUR FORCED LABOR (CECC) found that products reportedly pro- The CBTPA helps these nations grow and PREVENTION ACT duced with forced labor by current and create opportunities for their workers, farmers, former mass internment camp detainees in- Mr. CASTRO of Texas. Madam cluded textiles, electronics, food products, and innovators. And in return, it creates a Speaker, I move to suspend the rules shoes, tea, and handicrafts. strong market for us to sell our U.S.-produced and pass the bill (H.R. 6210) ensuring (8) Section 307 of the Tariff Act of 1930 (19 yarn and fabrics to apparel manufacturers in that goods made with forced labor in U.S.C. 1307) states that it is illegal to import the Caribbean. The program strengthens our the Xinjiang Uyghur Autonomous Re- into the United States ‘‘goods, wares, arti- hemispheric manufacturing integration and al- gion of the People’s Republic of China cles, and merchandise mined, produced, or lows us to compete against China, whose do not enter the United States market, manufactured wholly or in part’’ by forced labor. Such merchandise is subject to exclu- manufacturers certainly don’t care about using and for other purposes, as amended. U.S. inputs. As a result, we can sell our goods sion or seizure and may lead to criminal in- The Clerk read the title of the bill. vestigation of the importer. to more customers, keep prices here lower, The text of the bill is as follows: (9) The policies of the Government of the and promote the spirit of free enterprise. H.R. 6210 People’s Republic of China are in contraven- The Caribbean countries are our neighbors, Be it enacted by the Senate and House of Rep- tion of international human rights instru- and we should work together to improve our resentatives of the United States of America in ments signed by that government, includ- region’s competitiveness. Congress assembled, ing—
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.006 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4658 CONGRESSIONAL RECORD — HOUSE September 22, 2020 (A) the Universal Declaration of Human ticles, or merchandise described in sub- der Protection to effectively implement the Rights and the International Covenant on section (a) were not produced wholly or in enforcement strategy. Civil and Political Rights, which the Peo- part by convict labor, forced labor, or inden- (6) A plan to coordinate and collaborate ple’s Republic of China has signed but not tured labor under penal sanctions; and with appropriate nongovernmental organiza- yet ratified; (2) submits to the appropriate congres- tions and private sector entities to discuss (B) the International Covenant on Eco- sional committees and makes available to the enforcement strategy for products made nomic, Social, and Cultural Rights, ratified the public a report that contains such deter- in the Xinjiang Uyghur Autonomous Region. by the People’s Republic of China in 2001; mination. (c) FORM.—The report required by sub- and (c) EFFECTIVE DATE.—This section shall section (a) shall be submitted in unclassified (C) the United Nations Protocol to Pre- take effect on the date that is 120 days after form, but may include a classified annex, if vent, Suppress and Punish Trafficking in the date of the enactment of this Act. necessary. Persons, Especially Women and Children SEC. 5. ENFORCEMENT STRATEGY TO ADDRESS (d) UPDATES.—The Forced Labor Enforce- (Palermo Protocol), to which the People’s FORCED LABOR IN THE XINJIANG ment Task Force shall provide briefings to Republic of China has been a state party UYGHUR AUTONOMOUS REGION. the appropriate congressional committees on since February 2010. (a) IN GENERAL.—Not later than 120 days a quarterly basis and, as applicable, on any after the date of the enactment of this Act, updates to the strategy required by sub- SEC. 3. STATEMENT OF POLICY. section (a) or any additional actions taken It is the policy of the United States— the Forced Labor Enforcement Task Force, established under section 741 of the United to address forced labor in the Xinjiang (1) to prohibit the import of all goods, States-Mexico-Canada Agreement Implemen- Uyghur Autonomous Region, including ac- wares, articles, or merchandise mined, pro- tation Act (19 U.S.C. 4681), shall submit to tions described in this Act. duced, or manufactured, wholly or in part, the appropriate congressional committees a (e) SUNSET.—This section shall cease to by forced labor from the People’s Republic of report that contains an enforcement strat- have effect on the earlier of— China and particularly any such goods, egy to effectively address forced labor in the (1) the date that is 8 years after the date of wares, articles, or merchandise produced in Xinjiang Uyghur Autonomous Region of the enactment of this Act; or the Xinjiang Uyghur Autonomous Region of China. The enforcement strategy shall de- (2) the date on which the President sub- China; scribe the specific enforcement plans of the mits to the appropriate congressional com- (2) to encourage the international commu- United States Government regarding— mittees a determination that the Govern- nity to reduce the import of any goods made (1) goods, wares, articles, and merchandise ment of the People’s Republic of China has with forced labor from the People’s Republic described in section 4(a) that are imported ended mass internment, forced labor, and of China, particularly those goods mined, into the United States directly from the any other gross violations of human rights manufactured, or produced in the Xinjiang Xinjiang Uyghur Autonomous Region; experienced by Uyghurs, Kazakhs, Kyrgyz, Uyghur Autonomous Region; (2) goods, wares, articles, and merchandise and members of other Muslim minority (3) to coordinate with Mexico and Canada described in section 4(a) that are imported groups in the Xinjiang Uyghur Autonomous to effectively implement Article 23.6 of the into the United States from the People’s Re- Region. United States-Mexico-Canada Agreement to public of China and are mined, produced, or SEC. 6. DETERMINATION RELATING TO CRIMES prohibit the importation of goods produced manufactured in part in the Xinjiang Uyghur AGAINST HUMANITY OR GENOCIDE in whole or in part by forced or compulsory Autonomous Region or by persons working IN THE XINJIANG UYGHUR AUTONO- labor, which includes goods produced in with the Xinjiang Uyghur Autonomous Re- MOUS REGION. whole or in part by forced or compulsory gion government for purposes of the ‘‘pov- (a) IN GENERAL.—Not later than 90 days labor in the People’s Republic of China; erty alleviation’’ program or the ‘‘pairing-as- after the date of the enactment of this Act, (4) to actively work to prevent, publicly sistance’’ program; and the Secretary of State shall— denounce, and end human trafficking as a (3) goods, wares, articles, and merchandise (1) determine if the practice of forced labor horrific assault on human dignity and to re- described in section 4(a) that are imported or other crimes against Uyghurs, Kazakhs, store the lives of those affected by human into the United States from third countries Kyrgyz, and members of other Muslim mi- trafficking, a modern form of slavery; and are mined, produced, or manufactured in nority groups in the Xinjiang Uyghur Auton- (5) to regard the prevention of atrocities as part in the Xinjiang Uyghur Autonomous Re- omous Region of China can be considered in its national interest, including efforts to gion or by persons working with the systematic and widespread and therefore prevent torture, enforced disappearances, se- Xinjiang Uyghur Autonomous Region gov- constitutes crimes against humanity or con- vere deprivation of liberty, including mass ernment for purposes of the ‘‘poverty allevi- stitutes genocide as defined in subsection (a) internment, arbitrary detention, and wide- ation’’ program or the ‘‘pairing-assistance’’ of section 1091 of title 18, United States Code; spread and systematic use of forced labor, program. and and persecution targeting any identifiable (b) MATTERS TO BE INCLUDED.—The strat- (2) submit to the appropriate congressional ethnic or religious group; and egy required by subsection (a) shall include committees and make available to the public (6) to address gross violations of human the following: a report that contains such determination. rights in the Xinjiang Uyghur Autonomous (1) A description of the actions taken by (b) FORM.—The report required by sub- Region through bilateral diplomatic chan- the United States Government to address section (a)— nels and multilateral institutions where forced labor in the Xinjiang Uyghur Autono- (1) shall be submitted in unclassified form both the United States and the People’s Re- mous Region under section 307 of the Tariff but may include a classified annex, if nec- public of China are members and with all the Act of 1930 (19 U.S.C. 1307), including a de- essary; and authorities available to the United States scription of all Withhold Release Orders (2) may be included in the report required Government, including visa and financial issued, goods detained, and fines issued. by section 7. sanctions, export restrictions, and import (2) A list of products made wholly or in SEC. 7. DIPLOMATIC STRATEGY TO ADDRESS controls. FORCED LABOR IN THE XINJIANG part by forced or involuntary labor in the UYGHUR AUTONOMOUS REGION. SEC. 4. PROHIBITION ON IMPORTATION OF Xinjiang Uyghur Autonomous Region and a (a) IN GENERAL.—Not later than 90 days GOODS MADE IN THE XINJIANG list of businesses that sold products in the UYGHUR AUTONOMOUS REGION. after the date of the enactment of this Act, United States made wholly or in part by the Secretary of State, in coordination with (a) IN GENERAL.—Except as provided in forced or involuntary labor in the Xinjiang subsection (b), all goods, wares, articles, and the heads of other appropriate Federal de- Uyghur Autonomous Region. merchandise mined, produced, or manufac- partments and agencies, shall submit to the (3) A list of facilities and entities, includ- tured wholly or in part in the Xinjiang appropriate congressional committees a re- ing the Xinjiang Production and Construc- Uyghur Autonomous Region of China, or by port that contains a United States strategy tion Corps, that source material from the persons working with the Xinjiang Uyghur to promote initiatives to enhance inter- Autonomous Region government for pur- Xinjiang Uyghur Autonomous Region or by national awareness of and to address forced poses of the ‘‘poverty alleviation’’ program persons working with the Xinjiang Uyghur labor in the Xinjiang Uyghur Autonomous or the ‘‘pairing-assistance’’ program which Autonomous Region government for pur- Region of China. subsidizes the establishment of manufac- poses of the ‘‘poverty alleviation’’ program (b) MATTERS TO BE INCLUDED.—The strat- turing facilities in the Xinjiang Uyghur Au- or the ‘‘pairing-assistance’’ program, a plan egy required by subsection (a) shall include— tonomous Region, shall be deemed to be for identifying additional such facilities and (1) a plan to enhance bilateral and multi- goods, wares, articles, and merchandise de- entities, and facility- and entity-specific en- lateral coordination, including sustained en- scribed in section 307 of the Tariff Act of 1930 forcement plans, including issuing specific gagement with the governments of United (19 U.S.C. 1307) and shall not be entitled to Withhold Release Orders to support enforce- States partners and allies, to end forced entry at any of the ports of the United ment of section 4, with regard to each listed labor of Uyghurs, Kazakhs, Kyrgyz, and States. facility or entity. members of other Muslim minority groups in (b) EXCEPTION.—The prohibition described (4) A list of high-priority sectors for en- the Xinjiang Uyghur Autonomous Region; in subsection (a) shall not apply if the Com- forcement, which shall include cotton and (2) public affairs, public diplomacy, and missioner of U.S. Customs and Border Pro- tomatoes, and a sector-specific enforcement counter-messaging efforts to promote aware- tection— plan for each high-priority sector. ness of the human rights situation, including (1) determines, by clear and convincing (5) A description of the additional re- forced labor in the Xinjiang Uyghur Autono- evidence, that any specific goods, wares, ar- sources necessary for U.S. Customs and Bor- mous Region; and
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.005 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4659
(3) opportunities to coordinate and collabo- (b) IMPOSITION OF SANCTIONS.—The Presi- Nations and the United States, or other ap- rate with appropriate nongovernmental or- dent shall impose the sanctions described in plicable international obligations; or ganizations and private sector entities to subsection (c) with respect to each foreign (B) to carry out or assist law enforcement raise awareness about forced labor made person identified in the report required activity in the United States. products from the Xinjiang Uyghur Autono- under subsection (a)(1). (g) TERMINATION OF SANCTIONS.—The Presi- mous Region and to provide assistance to (c) SANCTIONS DESCRIBED.—The sanctions dent may terminate the application of sanc- described in this subsection are the fol- Uyghurs, Kazakhs, Kyrgyz, and members of tions under this section with respect to a lowing: other Muslim minority groups, including foreign person if the President determines (1) ASSET BLOCKING.—The President shall those formerly detained in mass internment and reports to the appropriate congressional exercise all of the powers granted to the camps in the region. committees not less than 15 days before the President under the International Emer- (c) ADDITIONAL MATTERS TO BE INCLUDED.— termination takes effect that— gency Economic Powers Act (50 U.S.C. 1701 The report required by subsection (a) shall (1) information exists that the person did et seq.) to the extent necessary to block and also include— not engage in the activity for which sanc- prohibit all transactions in property and in- (1) to the extent practicable, a list of— tions were imposed; terests in property of a foreign person identi- (A) entities in the People’s Republic of (2) the person has been prosecuted appro- fied in the report required under subsection China or affiliates of such entities that di- priately for the activity for which sanctions (a)(1) if such property and interests in prop- rectly or indirectly use forced or involuntary were imposed; erty— labor in the Xinjiang Uyghur Autonomous (3) the person has credibly demonstrated a (A) are in the United States; Region; and significant change in behavior, has paid an (B) come within the United States; or (B) Foreign persons that acted as agents of appropriate consequence for the activity for (C) come within the possession or control the entities or affiliates of entities described which sanctions were imposed, and has of a United States person. in subparagraph (A) to import goods into the credibly committed to not engage in an ac- (2) INELIGIBILITY FOR VISAS, ADMISSION, OR United States; and tivity described in subsection (a)(1) in the fu- PAROLE.— (2) a description of actions taken by the ture; or (A) VISAS, ADMISSION, OR PAROLE.—An alien United States Government to address forced (4) the termination of the sanctions is in described in subsection (a)(1) is— labor in the Xinjiang Uyghur Autonomous the national security interests of the United (i) inadmissible to the United States; Region under existing authorities, includ- States. ing— (ii) ineligible to receive a visa or other doc- (A) the Trafficking Victims Protection Act umentation to enter the United States; and (h) SUNSET.—This section, and any sanc- of 2000 (Public Law 106–386; 22 U.S.C. 7101 et (iii) otherwise ineligible to be admitted or tions imposed under this section, shall ter- seq.); paroled into the United States or to receive minate on the date that is 5 years after the (B) the Ellie Wiesel Genocide and Atroc- any other benefit under the Immigration and date of the enactment of this Act. ities Prevention Act of 2018 (Public Law 115– Nationality Act (8 U.S.C. 1101 et seq.). (i) DEFINITIONS OF ADMISSION; ADMITTED; 441; 22 U.S.C. 2656 note); and (B) CURRENT VISAS REVOKED.— ALIEN.—In this section, the terms ‘‘admis- (C) the Global Magnitsky Human Rights (i) IN GENERAL.—An alien described in sub- sion’’, ‘‘admitted’’, and ‘‘alien’’ have the Accountability Act (22 U.S.C. 2656 note). section (a)(1) is subject to revocation of any meanings given those terms in section 101 of (d) FORM.—The report required by sub- visa or other entry documentation regardless the Immigration and Nationality Act (8 section (a) shall be submitted in unclassified of when the visa or other entry documenta- U.S.C. 1101). form, but may include a classified annex, if tion is or was issued. SEC. 9. DISCLOSURES TO THE SECURITIES AND necessary. (ii) IMMEDIATE EFFECT.—A revocation EXCHANGE COMMISSION OF CER- (e) UPDATES.—The Secretary of State shall under clause (i) shall— TAIN ACTIVITIES RELATED TO THE include any updates to the strategy required (I) take effect immediately; and XINJIANG UYGHUR AUTONOMOUS by subsection (a) in the annual Trafficking (II) automatically cancel any other valid REGION. in Persons report required by section 110(b) visa or entry documentation that is in the (a) POLICY STATEMENT.—It is the policy of of the Trafficking Victims Protection Act of alien’s possession. the United States to protect American inves- 2000 (22 U.S.C. 7107(b)). (d) IMPLEMENTATION; PENALTIES.— tors, through stronger disclosure require- (f) SUNSET.—This section shall cease to (1) IMPLEMENTATION.—The President may ments, alerting them to the presence of Chi- have effect the earlier of— exercise all authorities provided under sec- nese and other companies complicit in gross (1) the date that is 8 years after the date of tions 203 and 205 of the International Emer- violations of human rights in United States the enactment of this Act; or gency Economic Powers Act (50 U.S.C. 1702 capital markets, including American and (2) the date on which the President sub- and 1704) to carry out this section. foreign companies listed on United States mits to the appropriate congressional com- (2) PENALTIES.—The penalties provided for exchanges that enable the mass internment mittees a determination that the Govern- in subsections (b) and (c) of section 206 of the and population surveillance of Uyghurs, ment of the People’s Republic of China has International Emergency Economic Powers Kazakhs, Kyrgyz, and other Muslim minori- ended mass internment, forced labor, and Act (50 U.S.C. 1705) shall apply to a foreign ties and source products made with forced any other gross violations of human rights person that violates, attempts to violate, labor in the Xinjiang Uyghur Autonomous experienced by Uyghurs, Kazakhs, Kyrgyz, conspires to violate, or causes a violation of Region of China. Such involvements rep- and members of other Muslim minority paragraph (1) to the same extent that such resent clear, material risks to the share val- groups in the Xinjiang Uyghur Autonomous penalties apply to a person that commits an ues and corporate reputations of certain of Region. unlawful act described in subsection (a) of these companies and hence to prospective SEC. 8. IMPOSITION OF SANCTIONS RELATING TO such section 206. American investors, particularly given that FORCED LABOR IN THE XINJIANG (e) WAIVER.—The President may waive the the United States Government has employed UYGHUR AUTONOMOUS REGION. application of sanctions under this section sanctions and export restrictions to target (a) REPORT REQUIRED.— with respect to a foreign person identified in individuals and entities contributing to (1) IN GENERAL.—Not later than 180 days the report required under subsection (a)(1) if after the date of the enactment of this Act, human rights abuses in the People’s Repub- the President determines and certifies to the lic of China. and not less frequently than annually there- appropriate congressional committees that after, the President shall submit to the ap- such a waiver is in the national interest of (b) DISCLOSURE OF CERTAIN ACTIVITIES RE- propriate congressional committees a report the United States. LATING TO THE XINJIANG UYGHUR AUTONO- that identifies each foreign person, including (f) EXCEPTIONS.— MOUS REGION.— any official of the Government of the Peo- (1) EXCEPTION FOR INTELLIGENCE ACTIVI- (1) IN GENERAL.—Section 13 of the Securi- ple’s Republic of China, that the President TIES.—Sanctions under this section shall not ties Exchange Act of 1934 (15 U.S.C. 78m) is determines— apply to any activity subject to the report- amended by adding at the end the following (A) knowingly engages in, is responsible ing requirements under title V of the Na- new subsection: for, or facilitates the forced labor of tional Security Act of 1947 (50 U.S.C. 3091 et ‘‘(s) DISCLOSURE OF CERTAIN ACTIVITIES RE- Uyghurs, Kazakhs, Kyrgyz, and members of seq.) or any authorized intelligence activi- LATING TO THE XINJIANG UYGHUR AUTONO- other Muslim minority groups in the ties of the United States. MOUS REGION.— Xinjiang Uyghur Autonomous Region of (2) EXCEPTION TO COMPLY WITH INTER- ‘‘(1) IN GENERAL.—Each issuer required to China; and NATIONAL OBLIGATIONS AND FOR LAW ENFORCE- file an annual or quarterly report under sub- (B) knowingly engages in, contributes to, MENT ACTIVITIES.—Sanctions under sub- section (a) shall disclose in that report the assists, or provides financial, material or section (c)(2) shall not apply with respect to information required by paragraph (2) if, dur- technological support for efforts to con- an alien if admitting or paroling the alien ing the period covered by the report, the travene United States law regarding the im- into the United States is necessary— issuer or any affiliate of the issuer— portation of forced labor goods from the (A) to permit the United States to comply ‘‘(A) knowingly engaged in an activity Xinjiang Uyghur Autonomous Region. with the Agreement regarding the Head- with an entity or the affiliate of an entity (2) FORM.—The report required under para- quarters of the United Nations, signed at engaged in creating or providing technology graph (1) shall be submitted in unclassified Lake Success June 26, 1947, and entered into or other assistance to create mass popu- form, but may contain a classified annex. force November 21, 1947, between the United lation surveillance systems in the Xinjiang
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.005 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4660 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Uyghur Autonomous Region of China, in- ‘‘(B) make the information provided in the other grounds that are universally recog- cluding any entity included on the Depart- disclosure and the notice available to the nized as impermissible under international ment of Commerce’s ‘Entity List’ in the public by posting the information on the law; and Xinjiang Uyghur Autonomous Region; Internet website of the Commission. (H) enforced disappearance of persons. ‘‘(B) knowingly engaged in an activity ‘‘(5) INVESTIGATIONS.—Upon receiving a re- (4) FORCED LABOR.—The term ‘‘forced with an entity or an affiliate of an entity port under paragraph (4) that includes a dis- labor’’ has the meaning given the term in building and running detention facilities for closure of an activity described in paragraph section 307 of the Tariff Act of 1930 (19 U.S.C. Uyghurs, Kazakhs, Kyrgyz, and other mem- (1), the President shall— 1307). bers of Muslim minority groups in the ‘‘(A) make a determination with respect to (5) FOREIGN PERSON.—The term ‘‘foreign Xinjiang Uyghur Autonomous Region; whether any investigation is needed into the person’’ means a person that is not a United ‘‘(C) knowingly engaged in an activity with possible imposition of sanctions under the States person. an entity or an affiliate of an entity de- Global Magnitsky Human Rights Account- (6) PERSON.—The term ‘‘person’’ means an scribed in section 7(c)(1) of the Uyghur ability Act (22 U.S.C. 2656 note) or section 8 individual or entity. Forced Labor Prevention Act, including— of the Uyghur Forced Labor Prevention Act (7) MASS POPULATION SURVEILLANCE SYS- ‘‘(i) any entity engaged in the ‘pairing-as- or whether criminal investigations are war- TEM.—The term ‘‘mass population surveil- sistance’ program which subsidizes the es- ranted under statutes intended to hold ac- lance system’’ means installation and inte- tablishment of manufacturing facilities in countable individuals or entities involved in gration of facial recognition cameras, bio- the Xinjiang Uyghur Autonomous Region; or the importation of goods produced by forced metric data collection, cell phone surveil- ‘‘(ii) any entity for which the Department labor, including under section 545, 1589, or lance, and artificial intelligence technology of Homeland Security has issued a ‘Withhold 1761 of title 18, United States Code; and with the ‘‘Sharp Eyes’’ and ‘‘Integrated Release Order’ under section 307 of the Tariff ‘‘(B) not later than 180 days after initiating Joint Operations Platform’’ or other tech- Act of 1930 (19 U.S.C. 1307); or any such investigation, make a determina- nologies that are used by Chinese security ‘‘(D) knowingly conducted any transaction tion with respect to whether a sanction forces for surveillance and big-data pre- or had dealings with— should be imposed or criminal investigations dictive policing. ‘‘(i) any person the property and interests initiated with respect to the issuer or the af- (8) UNITED STATES PERSON.—The term in property of which were sanctioned by the filiate of the issuer (as the case may be). ‘‘United States person’’ means— Secretary of State for the detention or abuse ‘‘(6) ATROCITIES DEFINED.—In this sub- (A) a United States citizen or an alien law- of Uyghurs, Kazakhs, Kyrgyz, or other mem- section, the term ‘atrocities’ has the mean- fully admitted for permanent residence to bers of Muslim minority groups in the ing given the term in section 6(2) of the Elie the United States; or Xinjiang Uyghur Autonomous Region; Wiesel Genocide and Atrocities Prevention (B) an entity organized under the laws of ‘‘(ii) any person the property and interests Act of 2018 (Public Law 115–441; 22 U.S.C. 2656 the United States or any jurisdiction within in property of which are sanctioned pursuant note).’’. the United States, including a foreign branch to the Global Magnitsky Human Rights Ac- (c) SUNSET.—Section 13(s) of the Securities of such an entity. countability Act (22 U.S.C. 2656 note); or Exchange Act of 1934, as added by subsection SEC. 11. DETERMINATION OF BUDGETARY EF- ‘‘(iii) any person or entity responsible for, (b), is repealed on the earlier of— FECTS. or complicit in, committing atrocities in the (1) the date that is 8 years after the date of The budgetary effects of this Act, for the Xinjiang Uyghur Autonomous Region. the enactment of this Act; or purpose of complying with the Statutory ‘‘(2) INFORMATION REQUIRED.— (2) the date on which the President sub- Pay-As-You-Go Act of 2010, shall be deter- ‘‘(A) IN GENERAL.—If an issuer described mits to the appropriate congressional com- mined by reference to the latest statement under paragraph (1) or an affiliate of the mittees a determination that the Govern- titled ‘‘Budgetary Effects of PAYGO Legisla- issuer has engaged in any activity described ment of the People’s Republic of China has tion’’ for this Act, submitted for printing in in paragraph (1), the information required by ended mass internment, forced labor, and the Congressional Record by the Chairman of this paragraph is a detailed description of any other gross violations of human rights the House Budget Committee, provided that each such activity, including— experienced by Uyghurs, Kazakhs, Kyrgyz, such statement has been submitted prior to ‘‘(i) the nature and extent of the activity; and members of other Muslim minority the vote on passage. ‘‘(ii) the gross revenues and net profits, if groups in the Xinjiang Uyghur Autonomous The SPEAKER pro tempore. Pursu- any, attributable to the activity; and Region. ant to the rule, the gentleman from (d) EFFECTIVE DATE.—The amendment ‘‘(iii) whether the issuer or the affiliate of Texas (Mr. CASTRO) and the gentleman made by subsection (b) shall take effect with the issuer (as the case may be) intends to from Texas (Mr. MCCAUL) each will continue the activity. respect to reports required to be filed with the Securities and Exchange Commission control 20 minutes. ‘‘(B) EXCEPTION.—The requirement to dis- The Chair recognizes the gentleman close information under this paragraph shall after the date that is 180 days after the date not include information on activities of the of the enactment of this Act. from Texas (Mr. CASTRO). issuer or any affiliate of the issuer activities SEC. 10. DEFINITIONS. GENERAL LEAVE relating to— In this Act: Mr. CASTRO of Texas. Madam ‘‘(i) the import of manufactured goods, in- (1) APPROPRIATE CONGRESSIONAL COMMIT- Speaker, I ask unanimous consent that cluding electronics, food products, textiles, TEES.—The term ‘‘appropriate congressional all Members have 5 legislative days in shoes, and teas, that originated in the committees’’ means— which to revise and extend their re- Xinjiang Uyghur Autonomous Region; or (A) the Committee on Foreign Affairs, the marks and include in the RECORD ex- ‘‘(ii) manufactured goods containing mate- Committee on Financial Services, and the traneous material on H.R. 6210. rials that originated or are sourced in the Committee on Ways and Means of the House Xinjiang Uyghur Autonomous Region. of Representatives; and The SPEAKER pro tempore. Is there ‘‘(3) NOTICE OF DISCLOSURES.—If an issuer (B) the Committee on Foreign Relations, objection to the request of the gen- reports under paragraph (1) that the issuer or the Committee on Banking, Housing, and tleman from Texas? an affiliate of the issuer has knowingly en- Urban Affairs, and the Committee on Fi- There was no objection. gaged in any activity described in that para- nance of the Senate. Mr. CASTRO of Texas. Madam graph, the issuer shall separately file with (2) ATROCITIES.—The term ‘‘atrocities’’ has Speaker, I yield myself such time as I the Commission, concurrently with the an- the meaning given the term in section 6(2) of may consume. nual or quarterly report under subsection the Elie Wiesel Genocide and Atrocities Pre- Madam Speaker, I rise in support of (a), a notice that the disclosure of that activ- vention Act of 2018 (Public Law 115–441; 22 the Uyghur Forced Labor Prevention ity has been included in that annual or quar- U.S.C. 2656 note). Act. The human rights atrocities the terly report that identifies the issuer and (3) CRIMES AGAINST HUMANITY.—The term contains the information required by para- ‘‘crimes against humanity’’ includes, when Chinese Government is perpetuating in graph (2). committed as part of a widespread or sys- Xinjiang are now well-known. More ‘‘(4) PUBLIC DISCLOSURE OF INFORMATION.— tematic attack directed against any civilian than 1 million Uyghur and Muslim eth- Upon receiving a notice under paragraph (3) population, with knowledge of the attack— nic minorities have been thrown in de- that an annual or quarterly report includes a (A) murder; tention camps, where they face tor- disclosure of an activity described in para- (B) deportation or forcible transfer of pop- ture, brainwashing, sexual abuse, and graph (1), the Commission shall promptly— ulation; even forced sterilization. ‘‘(A) transmit the report to— (C) torture; These atrocities are horrific, and the ‘‘(i) the President; (D) extermination; Congress has acted to hold perpetrators ‘‘(ii) the Committee on Foreign Affairs and (E) enslavement; the Committee on Financial Services of the (F) rape, sexual slavery, or any other form of these crimes accountable by passing House of Representatives; and of sexual violence of comparable severity; the Uyghur Human Rights Policy Act. ‘‘(iii) the Committee on Foreign Relations (G) persecution against any identifiable But we must not stop there. and the Committee on Banking, Housing, group or collectivity on political, racial, na- The legislation we are considering and Urban Affairs of the Senate; and tional, ethnic, cultural, religious, gender, or today focuses on a specific form of
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.005 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4661 abuse in Xinjiang: forced labor, an HOUSE OF REPRESENTATIVES, H.R. 6210 to expedite floor consideration. I abuse of human rights which also has COMMITTEE ON FOREIGN AFFAIRS, further acknowledge that the inaction of grave implications for supply chains Washington, DC, September 17, 2020. your Committee with respect to the bill does not waive any future jurisdictional claim and consumers worldwide. Importing Hon. JERROLD NADLER, Chairman, Committee on the Judiciary, over the matters contained in the bill that goods made from forced labor violates House of Representatives, Washington, DC. fall within your jurisdiction. I will also sup- U.S. law, and Americans certainly DEAR CHAIRMAN NADLER: I am writing to port the appointment of Committee on Ways would not want to contribute to the you concerning H.R. 6210, the Uyghur Forced and Means conferees during any House-Sen- PRC Government’s human rights Labor Prevention Act. I appreciate your ate conference convened on this legislation. abuses by unwittingly purchasing ap- willingness to work cooperatively on this Lastly, I will ensure that our exchange of parel or hair products made by a de- legislation. letters is included in the Congressional I acknowledge that provisions of the bill Record during floor consideration of the bill. tained Uyghur. fall within the jurisdiction of the House Thank you again for your cooperation re- Among other things, this legislation Committee on the Judiciary under House garding the legislation. I look forward to reaffirms U.S. policy to reduce the Rule X, and that your Committee will forgo continuing to work with you as the measure number and types of goods made from action on H.R. 6210 to expedite floor consid- moves through the legislative process. eration. I further acknowledge that the inac- Sincerely, forced labor, mandates reports sur- tion of your Committee with respect to the ELIOT L. ENGEL, rounding the U.S. Government’s strat- bill does not waive any future jurisdictional Chairman. egy to spread awareness of forced labor claim over the matters contained in the bill in Xinjiang and address that challenge, that fall within your jurisdiction. I will also HOUSE OF REPRESENTATIVES, and requires the Secretary of State to support the appointment of Committee on COMMITTEE ON FOREIGN AFFAIRS, determine whether the practice of the Judiciary conferees during any House- Washington, DC, September 21, 2020. forced labor in Xinjiang constitutes Senate conference convened on this legisla- Hon. MAXINE WATERS, tion. Chairwoman, Committee on Financial Services, crimes against humanity or even geno- Lastly, I will ensure that our exchange of House of Representatives, Washington, DC. cide. letters is included in the Congressional DEAR CHAIRWOMAN WATERS: I am writing This measure builds on what Con- Record during floor consideration of the bill. to you concerning H.R. 6210, the Uyghur gress has already done to hold the Chi- Thank you again for your cooperation re- Forced Labor Prevention Act. I appreciate garding the legislation. I look forward to your willingness to work cooperatively on nese Government accountable and to continuing to work with you as the measure this legislation. end the mass detention, repression, and moves through the legislative process. I acknowledge that provisions of the bill surveillance of minorities in Xinjiang. Sincerely, fall within the jurisdiction of the Committee on Financial Services under House Rule X, I thank Chairman MCGOVERN, Mr. ELIOT L. ENGEL, Chairman. and that your Committee will forgo action SMITH, and other bipartisan champions on H.R. 6210 to expedite floor consideration. for their consistent leadership on these COMMITTEE ON WAYS AND MEANS, I further acknowledge that the inaction of issues, and I hope Congress can, as we HOUSE OF REPRESENTATIVES, your Committee with respect to the bill does have before, take a strong stand Washington, DC, September 21, 2020. not waive any future jurisdictional claim against Beijing and its crimes. Hon. ELIOT L. ENGEL, over the matters contained in the bill that Chairman, Committee on Foreign Affairs, fall within your jurisdiction. I also acknowl- Madam Speaker, I urge my col- Washington, DC. edge that your Committee will be appro- leagues to join me in support of the DEAR CHAIRMAN ENGEL: In recognition of priately consulted and involved as this or bill. This is a good measure. I am the desire to expedite consideration of H.R. similar legislation moves forward, and will pleased to support it, and I am also 6210, the Uyghur Forced Labor Prevention support the appointment of Committee on pleased that it has, I believe, bipar- Act, the Committee on Ways and Means Financial Services conferees during any tisan support. agrees to waive formal consideration of the House-Senate conference convened on this bill as to provisions that fall within the rule legislation. Madam Speaker, I reserve the bal- X jurisdiction of the Committee on Ways and Lastly, I will ensure that our exchange of ance of my time. Means. letters is included in the Congressional The Committee on Ways and Means takes Record during floor consideration of the bill. HOUSE OF REPRESENTATIVES, this action with the mutual understanding Thank you again for your cooperation re- COMMITTEE ON THE JUDICIARY, garding the legislation. I look forward to Washington, DC, September 17, 2020. that we do not waive any jurisdiction over the subject matter contained in this or simi- continuing to work with you as the measure Hon. ELIOT ENGEL, moves through the legislative process. Chairman, Committee on Foreign Affairs, lar legislation, and the Committee will be Sincerely, House of Representatives, Washington, DC. appropriately consulted and involved as the bill or similar legislation moves forward so ELIOT L. ENGEL, DEAR CHAIRMAN ENGEL: This is to advise that we may address any remaining issues Chairman. you that the Committee on the Judiciary within our jurisdiction. The Committee also has now had an opportunity to review the reserves the right to seek appointment of an HOUSE OF REPRESENTATIVES, provisions in H.R. 6210, the ‘‘Uyghur Forced appropriate number of conferees to any COMMITTEE ON FINANCIAL SERVICES, Labor Prevention Act,’’ that fall within our House-Senate conference involving this or Washington, DC, September 22, 2020. Rule X jurisdiction. I appreciate your con- similar legislation. Hon. ELIOT L. ENGEL, sulting with us on those provisions. The Ju- Finally, I would appreciate your response Chairman, Committee on Foreign Affairs, House diciary Committee has no objection to your to this letter confirming this understanding of Representatives, Washington, DC. including them in the bill for consideration and would ask that a copy of our exchange of DEAR MR. CHAIRMAN: I am writing con- on the House floor, and to expedite that con- letter on this matter be included in the Con- cerning H.R. 6210, the ‘‘Uyghur Forced Labor sideration is willing to forgo action on H.R. gressional Record during floor consideration Prevention Act.’’ In order to permit H.R. 6210 6210, with the understanding that we do not of H.R. 6210. to proceed expeditiously to the House Floor, thereby waive any future jurisdictional Sincerely, I agree to forgo formal consideration of the claim over those provisions or their subject RICHARD E. NEAL, bill. matters. Chairman. The Committee on Financial Services takes this action to forego formal consider- In the event a House-Senate conference on HOUSE OF REPRESENTATIVES, ation of H.R. 6210 in light of the mutually this or similar legislation is convened, the COMMITTEE ON FOREIGN AFFAIRS, agreed changes to provisions within the ju- Judiciary Committee reserves the right to Washington, DC, September 21, 2020. risdiction of the Committee on Financial request an appropriate number of conferees Hon. RICHARD E. NEAL, Services. We are also doing so based on our to address any concerns with these or simi- Chairman, Committee on Ways and Means, mutual understanding that, by foregoing for- lar provisions that may arise in conference. House of Representatives, Washington, DC. mal consideration of H.R. 6210 at this time, Please place this letter into the Congres- DEAR CHAIRMAN NEAL: I am writing to you we do not waive any jurisdiction over the sional Record during consideration of the concerning H.R. 6210, the Uyghur Forced subject matter contained in this or similar measure on the House floor. Thank you for Labor Prevention Act. I appreciate your legislation, and that our Committee will be the cooperative spirit in which you have willingness to work cooperatively on this appropriately consulted and involved as this worked regarding this matter and others be- legislation. or similar legislation moves forward with re- tween our committees. I acknowledge that provisions of the bill gard to any matters in the Committee’s ju- Sincerely, fall within the jurisdiction of the Committee risdiction. The Committee also reserves the JERROLD NADLER, on Ways and Means under House Rule X, and right to seek appointment of an appropriate Chairman. that your Committee will forgo action on number of conferees to any House-Senate
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.031 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4662 CONGRESSIONAL RECORD — HOUSE September 22, 2020 conference involving this or similar legisla- fortunately, regret that, during this cacy for human rights in China and for tion that involves the Committee’s jurisdic- Congress, the majority has not given her leadership in getting this bill to tion and request your support for any such the CCP threat even one-tenth of the the House floor. I thank Chairman request. Finally, I would appreciate your response time they have put into their partisan ENGEL, as well as Ranking Member to this letter confirming this understanding, efforts to bring down this President. MCCAUL, Chairman NEAL, and Chair- and I would ask that a copy of our exchange We were told that the China Task woman WATERS for the support of their of letters on this matter be included in the Force was going to be bipartisan, committees. Congressional Record during Floor consider- Madam Speaker, and at the last The Congressional-Executive Com- ation of H.R. 6210. minute, the majority pulled out. For mission on China, of which I serve as Sincerely, the past 4 months, I have served as the chair, held the first congressional MAXINE WATERS, chairman of the China Task Force. hearing on this topic a year ago, fol- Chairman. This task force, again, was supposed to lowed up with a groundbreaking staff Mr. MCCAUL. Madam Speaker, I be bipartisan because I believe this is report, and then held an expert round- yield myself such time as I may con- not a Republican or Democrat issue. table event on this issue. We found sume. Confronting the generational threat that the evidence of systematic and Madam Speaker, I want to start this that the CCP poses should be a bipar- widespread forced labor in Xinjiang is debate with a simple truth that we tisan issue. It is an American issue astounding and irrefutable and in- cannot afford to forget: Truly free against the greatest national security trade cannot involve slave labor. cludes evidence from camp detainees, Today, the Chinese Community threat to the United States of America. satellite imagery of factories being Party is using the forced labor of the I believe this failure of perspective built at internment camps, and public Uyghurs and other minorities to help needs to change. In our work on the and leaked Chinese Government docu- bankroll its cultural genocide against China Task Force, we have met with ments. All the evidence we accumu- those very same groups. The repression 125 people from both sides of the aisle lated led to the introduction of this bi- taking place right now in Xinjiang is to gain better insight into our relation- partisan, bicameral legislation in breathtaking in its scope and in its ship and our foreign policy, as we March 2020. brutality. speak here from the Foreign Affairs It is time for Congress to act. Over It involves the detention of 1 to 3 Committee, how we need to treat the the past several years, we have million people in concentration camps, Chinese Communist Party from a for- watched in horror as the Chinese Gov- Madam Speaker. It involves surveil- eign policy standpoint. ernment first created and then ex- lance and attempted brainwashing on a This, again, is an American issue, not panded a system of extrajudicial mass massive scale. It involves breaking up Republican or Democrat. This report internment camps. As many as 1.8 mil- families and taking children from their coming out October 1 will include 400 lion Uyghurs and members of other parents. It involves forced sterilization recommendations, including 100 pieces predominantly Muslim ethnic minority and, Madam Speaker, forced abortions. of legislation that have bipartisan sup- groups have been arbitrarily detained This should be a terrifying warning port like the bill before us today. in the camps and subjected to forced to the world, to China’s neighbors, and So, Madam Speaker, I strongly urge labor, torture, political indoctrination, to the American people that the Chi- my colleagues to support this legisla- and other severe human rights abuses. nese Communist Party is fundamen- tion. Then, once we get past this elec- Reports published during the past tally focused on expanding its power, tion, Madam Speaker, let us come to- year detailed an expansive and system- its control, and its authoritarian style gether on both sides and analyze objec- atic policy of forcibly separating eth- of government. It views things that it tively our foreign policy with the Chi- nic minority children from their fami- does not control, like religion, cultural nese Communist Party and address the lies. A Chinese Government policy doc- identity, and the yearning of all people bipartisan bills that will be rec- ument stated that nearly half a million for freedom, as threats that must be ommended by the task force to address schoolchildren were attending boarding destroyed. the Chinese Communist Party’s malign schools. The forcible displacement of Because we have drawn the CCP into activities throughout the world. children is in violation of the Chinese our most essential supply chains, it Madam Speaker, I reserve the bal- Government’s law on the protection of can hold our national security hostage ance of my time. minors and the U.N. Convention on the while it uses U.S. consumers to sub- Mr. CASTRO of Texas. Madam Rights of the Child. sidize its atrocities. Speaker, I yield 6 minutes to the gen- Investigations during the past year As many as one in five cotton gar- tleman from Massachusetts (Mr. detailed a policy of forcibly separating ments globally could be tainted with MCGOVERN), who is the author of this ethnic minority children from their Uyghur slave labor. In July, U.S. Cus- important bill and co-chair of the families and the use of forced birth toms and Border Protection seized a 13- Human Rights Commission and chair- control and sterilization, which may be ton shipment of human hair—Madam man of the Rules Committee. in contravention of the U.N. Conven- Speaker, human hair—that originated Mr. MCGOVERN. Madam Speaker, I tion on Genocide to which it is a party. in Xinjiang’s forced labor system. We want to thank my friend from Texas The United States Holocaust Memorial haven’t heard about human hair since (Mr. CASTRO) for yielding, but also for Museum had already determined that the Nazis and the concentration camps his commitment to human rights, not crimes against humanity may have of the war that my father fought in, only with regard to the repression that been committed. World War II. is going on in China, but all around the In July, I joined a bipartisan letter It is brazen, and it is sickening. We world. signed by over 75 Members calling on must refuse to be complicit, financially Madam Speaker, I rise in strong sup- the Trump administration to make an or otherwise, in the CCP’s crimes port of H.R. 6210, the Uyghur Forced official determination as to whether against the Muslim Uyghur. Labor Prevention Act. I am proud to atrocity crimes, including genocide For that reason, I support this bill have authored this legislation to ad- and crimes against humanity, are before us today. dress human rights and forced labor being committed. We have yet to hear I must also point out the abuses in abuses against Uyghur and other Mus- back from the administration. this province are not only one small lim groups in China. It is time for Congress to act. We part of the grave and growing threat There is strong, diverse, bipartisan, know forced labor is widespread and that the Chinese Communist Party and bicameral support for this legisla- systematic, and it exists both within poses to the interests, the values, and tion, including from my colleagues on and outside the mass internment the security of the United States. That the Congressional-Executive Commis- camps. These facts are confirmed by threat is global and has military, eco- sion on China. Senator MARCO RUBIO, the testimony of former camp detain- nomic, public health, and philosophical Representative CHRIS SMITH, and Rep- ees, satellite imagery, and official aspects. resentative TOM SUOZZI all helped draft leaked documents from the Chinese I know that many on the other side this legislation. I thank Speaker Government. We know that many U.S., of the aisle share my concerns. I, un- NANCY PELOSI for her longtime advo- international, and Chinese companies
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.026 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4663 are complicit in the exploitation of response for so long allowed the Chi- this includes the mass internment of forced labor and specific products in- nese Government the space to impose millions. An estimated 1.8 million vic- clude textiles, electronics, and food this extreme system of repression. But tims in concentration camps, children products. now the world has woken up. ripped from the warm embrace of their Audits of supply chains are simply Today, the U.S. House of Representa- families, to be indoctrinated in Com- not possible because workers cannot tives is taking the strongest action munist ideology and forced to renounce speak freely and honestly about work- yet. I am proud to stand in solidarity their religion, their culture, and their ing conditions, given heavy surveil- with the Uyghur people and, indeed, all language. lance and intimidation. the people living under the rule of the Rape and sexual abuse of women Current U.S. law states that it is ille- Chinese Government, in their struggle being held in internment camps, forced gal to import into the United States to live freely, practice their religious abortion and involuntary sterilization ‘‘goods, wares, articles, and merchan- beliefs freely, and speak their own lan- to prevent the birth of Uyghur chil- dise mined, produced, or manufactured guages freely. dren, a direct violation of Article II(d) wholly or in part’’ by forced labor. Un- Madam Speaker, I look forward to of the U.N. Genocide Convention, fortunately, products made with forced the passage of this legislation, con- which states, in part, that genocide in- labor are still making their way into tinuing our bipartisan work together cludes imposing measures intended to global supply chains and our country. to support human rights in China. prevent births within a group. Forced The Trump administration has taken ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE labor on a massive scale that allows some actions, including sending out a The SPEAKER pro tempore. Mem- Chinese companies to profit, and profit business advisory and placing withhold bers are advised to not traffic the well. big time, from modern-day slavery. release orders on some businesses and Mr. MCCAUL. Madam Speaker, I Chinese authorities initially denied entities in China. But these piecemeal commend the gentleman from Massa- the existence of mass internment actions fall far short of addressing a re- chusetts (Mr. MCGOVERN), the chair- camps and tried to portray them as vo- gional economic system that is built man, for his steadfast support for cational training. The Chinese Com- upon a foundation of forced labor and human rights across the world. The munist Party employed the big lie, repression. gentleman and the next speaker have censorship and economic coercion to Further, we should all be disturbed been on this issue, really, as visionary stifle any discussion of their crimes. by reports that President Trump gave leaders, I would say, the two strongest However, documents obtained by the a green light to President Xi by telling in the House of Representatives rep- New York Times and the International him that building the camps was ‘‘the resenting both sides of the aisle, and I Consortium of Investigative Journal- right thing to do.’’ Ending forced labor thank him for that. ists have exposed beyond any reason- was not even discussed as part of the Mr. Speaker, I yield such time as he able doubt the brutality behind Bei- jing’s plans to radically and coercively ‘‘Phase One’’ trade deal. may consume to the gentleman from transform the culture and religion of It is time for Congress to act. The New Jersey (Mr. SMITH), the ranking ethnic Uyghurs, Kazakhs, and other Uyghur Forced Labor Prevention Act member of the Subcommittee on Muslims in China. prohibits imports from Xinjiang to the Human Rights, who has been working on these issues along with Chairman The leaked papers showed detailed U.S. by creating a ‘‘rebuttal presump- plans—this is back years ago now—of MCGOVERN for decades. tion’’ that all goods produced in the re- looking to intern between 1 and 3 mil- gion are made with forced labor unless Mr. SMITH of New Jersey. Madam Speaker, I thank my good friend, Mr. lion Uyghurs in these concentration U.S. Customs and Border Protection camps and imposing Orwellian indoc- certifies by ‘‘clear and convincing evi- MCCAUL, the ranking member, for his leadership, for his very, very strong trination efforts for those ‘‘whose dence’’ that goods were not produced thinking has been infected.’’ In other with forced labor. and passionate statement today. I thank my good friend and colleague, words, if you are a Muslim, your think- The legislation also authorizes tar- ing is infected. Mr. MCGOVERN, the chairman of both geted sanctions, requires financial dis- At the same time, Beijing instituted the China Commission, as well as the closures about involvement in the re- plans to erase the influence of Islam in Lantos Commission—and I serve as co- gion, and requires a State Department all of western China—bulldozing chair with him on the Lantos Commis- determination about whether crimes mosques and shrines, severely restrict- sion and as ranking member on the against humanity or genocide are oc- ing religious practice, and forcing de- curring. China Commission. And I am very tainees in the camps to renounce their For more than 2 years, U.S. and pleased to be the principal Republican faith. international companies have been cosponsor of this bill. I see Mr. SUOZZI The leaked documents also show that aware of forced labor throughout the over there, who has been a great leader Xi Jinping himself directed the crack- Xinjiang region. It is long past time for as well. We have been teaming up for down, saying the Communist Party these companies to reassess their sup- years on this issue, and I thank him for must put the ‘‘organs of dictatorship’’ ply chains and find alternatives that do his leadership as well. And ELIOT to work and show ‘‘absolutely no not exploit labor and violate human ENGEL, our chairman, for his work on mercy’’ in dealing with the Uyghurs rights. this as well. and other Muslims. Their failure to do so has led U.S. Madam Speaker, at a 2018 Congres- In one speech, President Xi said: consumers to unwittingly purchase sional hearing I cochaired, Mihrigul ‘‘The weapons of the people’s demo- goods made with forced labor. That Tursun recounted her ordeal of torture, cratic dictatorship, must be wielded must end. sexual abuse, and detention in one of without any hesitation or wavering.’’ Effective enforcement would mean China’s mass internment camps in In 2017, February, the documents that workers and farmers would no Xinjiang. She broke down weeping, show he told thousands of police offi- longer have to compete against forced telling us that she pleaded with God to cers and troops standing at attention labor from Xinjiang. For too long, the end her life. Her Chinese jailers re- in the vast square in Urumqi to prepare world has been silent while Uyghurs strained her to a table, actually in- for a ‘‘smashing, obliterating offen- and other Muslim groups suffered creased the electrical currents cours- sive.’’ Secret teams even went out—be- under severe repression. ing through her body, and mocked her cause some of the cops didn’t want to The SPEAKER pro tempore. The belief in God. She was tortured simply do this—and they expunged them from time of the gentleman has expired. for being an ethnic Uyghur and a Mus- their ranks. lim in China. Madam Speaker, we know that goods b 1215 Madam Speaker, there are millions produced with forced labor find their Mr. CASTRO of Texas. Madam of stories like this waiting to be told. way into U.S. markets. An estimated Speaker, I yield an additional 30 sec- Nightmarish accounts of President Xi 22 percent of U.S. cotton goods come onds to the gentleman. Jinping’s genocide. And make no mis- from the region, and the U.S. Customs Mr. MCGOVERN. Madam Speaker, I take about it, this is Xi Jinping’s geno- and Border Protection Agency has pro- believe the lack of any international cide. I point out to my colleagues that hibited companies from importing
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.033 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4664 CONGRESSIONAL RECORD — HOUSE September 22, 2020 some textiles, electronics, and hair crats joined saying, ‘‘we want this people comprised of Uyghurs and other products. As my good friend from stopped.’’ East Turkic minorities and put them Texas pointed out about the hair, the Mr. CASTRO of Texas. Madam in concentration camps where they last time we talked about the buying Speaker, I yield 2 minutes to the gen- were subject to inhumane living condi- and selling of hair was with the Nazi tleman from New York (Mr. SUOZZI). tions, forced cultural brainwashing, concentration camps. It is happening Mr. SUOZZI. Madam Speaker, I rape, and torture. today in Xinjiang. thank Mr. CASTRO for yielding. I thank Just this week, the CCP released a Over the past year, the Trump ad- Mr. SMITH for his great work on this, white paper regarding its detention of ministration has matched strong rhet- and Chairman BLUMENAUER for the Uyghurs. They admitted to incarcer- oric condemning abuses and actions to work of the Committee of Ways and ating up to 1.3 million Uyghurs per protect U.S. national security and pun- Means. And I thank Chairman MCGOV- year from 2014 to 2019. That is up to 8 ish Chinese authorities and corpora- ERN as well. million innocent people in prison, tions complicit in these human rights Madam Speaker, I rise in strong sup- brainwashed, tortured, raped, in their abuses. port of this bipartisan Uyghur Forced so-called reeducation, which are really Since last October, the Commerce Labor Prevention Act. We really need concentration camps. If they will Department has placed over 40 Chinese to wake people out of their torpor. It admit to that, how many more are companies and government entities on has been reported in the newspapers there really that have been interned? its Entity List, restricting exports be- often, but I don’t think most Ameri- The Chinese State is not only cause of their complicity in human cans realize exactly what is going on in complicit but responsible for activity rights abuses and enabling high-tech China. supporting the genocidal campaign tar- surveillance. It was almost 50 years ago when geting vulnerable populations based on In July, the Treasury Department Nixon first went to China. And we al- everything from religious beliefs, their issued Global Magnitsky sanctions ways believed, as Americans, that the language, their hairstyle and even against six senior Chinese officials; more they are exposed to our way of their diet. This is not even to mention however, we want more. There are life, our democracy, our economic sys- the horrific practices of forced steri- other people that are complicit. They tem, the more they would become like lization and ‘‘marriages’’ to Han Chi- need to be on the list. us. That simply has not happened. nese men. Treasury has also sanctioned the We have had hearings on the China Many of these people have now been Xinjiang Production Construction Commission. We had a hearing the forced into manufacturing jobs under Corps, a paramilitary that reports di- other day of the Committee on Ways harsh conditions, which we have rectly to the CCP. This summer, U.S. and Means, and the witnesses testified heard—Mr. SMITH and Chairman Customs and Border Protection banned not only about forced labor, which is MCCAUL have pointed out—these prod- eight other Chinese companies from clear, but they talked about crimes ucts benefitting from forced labor have importing textiles, hair, and electronic against humanity. They talked about found their ways into our supply parts from Xinjiang. We welcome these forced sterilization. They talked about chains through major brands and cor- steps, but more needs to be done. forcing people to eat pork, even though porations as it becomes increasingly The Uyghur Forced Labor Prevention it violates their religion. They talked difficult for companies to conduct due Act prohibits imports from Xinjiang to about prohibiting people from prac- diligence investigations in China. the U.S. by creating a ‘‘rebuttable pre- ticing their faith, attending religious Further, we must recognize that the sumption.’’ And that is the core of this ceremonies, observing fasts. Chinese diplomatic presence globally is bill, that all goods produced in the re- It is hard to imagine that in today’s also engaged in this effort. A wealth of gion are made with forced labor unless world that forced labor is happening evidence is available to suggest that U.S. Customs and Border Protection and we know about it. We need to rec- Chinese embassies and consulates certifies by clear and convincing evi- ognize that China has to be held ac- around the world are actively seeking dence that goods were not produced countable. We have rules in place now to force Chinese Uyghurs to return to with forced labor. So the rebuttable that say you can’t use forced labor, but mainland China, often to renew their presumption is the key to this legisla- this bill is going a big step further in passports, only to be abducted imme- tion. saying everything that comes out of diately and sent to one of the camps. It also carries other provisions, im- the Xinjiang region will be presumed to As Members of Congress, we have a portant ones, but, again, that is the be using forced labor. This is going to moral obligation to ensure that the most important one. have a big impact. A lot of the cotton state-sponsored campaign of ethnic The SPEAKER pro tempore. The in the world comes from China; 84 per- cleansing and forced labor—reminis- time of the gentleman has expired. cent of that cotton from China comes cent of the concentration camps of the Mr. MCCAUL. Madam Speaker, I from the Xinjiang region. This will Nazi regime, when we swore as a world yield an additional 1 minute to the have an impact. We will have to sup- community, ‘‘never again’’—are shut gentleman. port other countries to produce cotton. down and punished to the full extent of Mr. SMITH of New Jersey. Madam We will have to work to get the North- U.S. and international law. Speaker, the legislation also authorizes ern Triangle, for example, to produce The business community of America targeted sanctions on any person re- cotton so we can try and address those also has a moral obligation, from man- sponsible for labor tracking; protects issues where our friends are. But we ufacturing to Hollywood, to not ap- U.S. investors and consumers by re- need to hold China and the Chinese pease China in the name of profit. quiring financial disclosure from U.S. Communist Party accountable for Madam Speaker, as an original co- traded businesses about their engage- these violative acts of our very con- sponsor of this bill, I support its pas- ment with Chinese companies and science. We have to do everything we sage in the House and encourage its other entities engaged in serious can do to stand up for our values and to timely consideration in the Senate. human rights abuses; directs the Sec- say this is simply unacceptable. Mr. CASTRO of Texas. Madam retary of State to determine whether Madam Speaker, I ask my colleagues Speaker, I yield 1 minute to the gentle- forced labor or other crimes against for their support. woman from California (Ms. PELOSI), Uyghurs constitute crimes against hu- Mr. MCCAUL. Madam Speaker, I our distinguished Speaker of the manity or genocide. I think it couldn’t yield 3 minutes to the gentleman from House. be clear. Read the Genocide Conven- Florida (Mr. YOHO), the ranking mem- Ms. PELOSI. Madam Speaker, I tion. One item after the other articu- ber of the Foreign Affairs Sub- thank the gentleman from Texas (Mr. lated in that convention is being met, committee on Asia and the Pacific. CASTRO) for yielding, and for bringing sadly, by Xi Jinping’s horrible genocide Mr. YOHO. Madam Speaker, I thank this important legislation to the floor against his own people. the chairman and the leaders on the and giving us a chance to honor our Madam Speaker, I urge support for Democrat side. values in the most bipartisan way. the bill. It is a bipartisan bill—67 co- Since 2017, the CCP has systemically One of the saddest things of all of sponsors in all. Republicans and Demo- targeted and rounded up over a million this is how many people are suffering.
VerDate Sep 11 2014 05:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.035 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4665 One of the joys of it is that it has en- We must shine a light on the inhu- strong bipartisan vote for the Uyghur abled us to work together over the mane practice of forced labor, hold the Forced Labor Protection Act and the years. perpetrators accountable, and stop this Uyghur Forced Labor Disclosure Act. Madam Speaker, I would ask the gen- exploitation. And we must send a clear Madam Speaker, I thank, again, Mr. tleman from New Jersey (Mr. SMITH) message to Beijing: These abuses must MCCAUL, ranking member on the com- how many years—at least, 30, working end now. mittee of jurisdiction, and everyone for together on this subject. I remember years ago when Mr. their support. Madam Speaker, I rise in support of SMITH and Frank Wolf visited forced Mr. MCCAUL. Madam Speaker, let the Uyghur Forced Labor Prevention labor—I don’t know if you call them me thank Speaker PELOSI. She actu- Act and the Uyghur Forced Labor Dis- prisons or whatever—in China. Their ally came to our committee markup of closure Act, two strong bipartisan bills courage to go there was so over- this bill. It is very rare for a Speaker of to send a strong message to Beijing and whelming to the rest of us. They were the House to show up to a committee to the world that the U.S. Congress able to document what we needed to markup, and yet this issue is so impor- will not allow human rights to be sac- know. tant to her that she honored us with rificed for commercial interest. Unfortunately, the challenge to the her presence in that markup. This is As I have said many times, if Amer- conscience that they brought to us was where we come together in the Con- ica does not speak out for human not heeded by all here. We could over- gress, and I want to thank you for your rights in China because of commercial whelmingly win in the House and even support, Madam Speaker. interest, we lose all moral authority to in the Senate but not be able to over- And I thank Mr. SMITH, who has been speak out about human rights any- ride a veto, whether it was a Democrat dealing for decades with this. where in the world. or a Republican in the White House. I yield 2 minutes to the gentleman b 1230 But I remember how brave they were from New York (Mr. JACOBS). Mr. JACOBS. Madam Speaker, I want I salute Chairman JIM MCGOVERN, and how brave those prisoners were to chair of the Congressional-Executive show them the evidence of the forced to first acknowledge an individual Commission on China and chair of the labor so we could make the case to from my district, Dr. Sean Roberts. Tom Lantos Human Rights Commis- workers in America: You have been I grew up with Sean Roberts in Buf- sion, a leading voice in the country and subjected to the exploitation of work- falo, New York. Sean is a professor now in the Congress for human rights. ers there; that is an exploitation of at George Washington University. He I thank Congresswoman JENNIFER workers here. has studied the Uyghur people for over WEXTON, one of our new freshmen, for Again, we were proud, in May, to pass 30 years and recently released a book, her early leadership and dedication she the Uyghur Human Rights Policy Act, entitled, ‘‘The War on the Uyghurs: has brought to this priority. which uncovers the truth of China’s China’s Internal Campaign Against a I thank, also, Mr. SMITH, and I ac- abuses and ensures that those sup- Muslim Minority.’’ It is a book that knowledge our working together over porting labor camps, and urges the ap- has a depth of research about the the years. He is now the ranking mem- plication of targeted sanctions against atrocities against these people for a ber of the Congressional-Executive those involved in the oppression of the long, long time, and I want to com- Commission on China and co-chair of Uyghur people. mend him for his leadership. the Lantos Commission. Today, we build on that overwhelm- Madam Speaker, long before China I salute our chairman of the Foreign ingly bipartisan legislation with these endangered the global community with Affairs Committee, Mr. ENGEL, and our two bills which, together, will ensure their lies and failures in response to leaders in the Senate, Senator RUBIO that goods made in the Xinjiang region the coronavirus, we knew of the and Senator MERKLEY. and imported to the United States are threats they posed, but many ignored I thank our chairman, again, for this not made with forced labor. them. We can no longer allow them a opportunity and so many of our Mem- Congress must and will continue to free pass. Today, we are here to con- bers who have spoken on this issue. speak out against Beijing’s other demn yet another of China’s Com- Beijing’s barbarous actions targeting human rights abuses, like the decades- munist regime’s crimes, the atrocious the Uyghur people continue to be an long abuse faced by the Tibetan peo- record on human rights, specifically, outrage to the collective conscience of ple—the Chinese are there to crush the persecution and forced labor of the the world. Across the Xinjiang Uyghur their culture, eliminate their language, Uyghur people. Autonomous Region, the Uyghur peo- and suppress their religion; their as- The actions of the Chinese Com- ple and other Muslim majorities are sault on the honor of His Holiness the munist regime are appalling, a threat brutally repressed in a pervasive state Dalai Lama by saying they will choose to freedom everywhere, and must be of mass surveillance and predictive po- his successor goes beyond the pale and condemned in unwavering terms. It is licing used to discriminate against and it is a challenge to the conscience of our duty as the strongest beacon of violate the human rights of minorities: the world—the Hong Kong fight for de- freedom in the world to shine a light incidents of mass shootings, mocracy and the rule of law, which upon these atrocities, sanction those extrajudicial killings, intimidation and they oppress; and the jailing of journal- who condone it, and eradicate such suppression of journalists courageously ists, human rights lawyers, Christians, evil. exposing the truth, and the mass incar- and democracy advocates on the main- Freedom is not based on just the ceration of more than—and this is a land. ideals you hold; rather, it is based on lower figure; I think it is higher, but it That is why the House is proud to your ability to hold those ideals with- is a conservative figure—1 million in- have passed legislation, including the out fear. I urge every one of my col- nocent people with beatings, solitary Hong Kong Human Rights and Democ- leagues to support these measures and confinement, deprivation of food and racy Act, the Hong Kong Autonomy send a resolute and strong message to medical treatment, and extensively Act, and the Tibet Policy and Support the Chinese Communist Party that we documented programs of forced labor. Act, which we urge the Senate to take will not tolerate their human rights So if you are out there watching the up immediately. All of this was passed violations. Congress, know what this means to in an overwhelmingly bipartisan way No more should they be able to act as you. The exploitation of people in because we respect the dignity and a rogue nation, a bully, and a manipu- China has a direct impact on our trade worth of every person. lator that disregards their own citi- policy and on our values, first and fore- We have always said that we cannot zens’ lives and puts the entire global most. look the other way when this oppres- community in danger. Until China Tragically, the products of the forced sion of millions of people is taking changes its ways, ends the torture of labor often end up here in American place, and we are acting upon those the Uyghur people, and acts as a re- stores and homes. In fact, roughly one values and those beliefs that we have. sponsible global citizen, we will not in five cotton garments sold globally In honor of the millions fighting for weaken our pressure. With one voice, contains cotton or yarn from the their dignity, safety, and rights in let’s condemn the atrocities committed Xinjiang region, the Uyghur region. China and around the world, I urge a against the Uyghur people.
VerDate Sep 11 2014 07:04 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.036 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4666 CONGRESSIONAL RECORD — HOUSE September 22, 2020 The SPEAKER pro tempore. The You have heard the horrible details Madam Speaker, I yield back the bal- time of the gentleman has expired. that we had expressed in our com- ance of my time. Mr. MCCAUL. Madam Speaker, I mittee. We have had a long history of b 1245 yield an additional 30 seconds to the grappling with the depravity of forced gentleman from New York (Mr. JA- labor and ensuring that goods produced Mr. CASTRO of Texas. Madam COBS). under such conditions do not eventu- Speaker, I yield myself such time as I Mr. JACOBS. Madam Speaker, let’s ally make their way into our grocery may consume for the purposes of clos- work towards ending our foreign de- stores and shopping malls across the ing. pendence on the Communist regime country. Madam Speaker, this is a matter of and hold them accountable for the lives We passed a law a century ago pro- whether the United States, as it has for of every individual their lies have hibiting importation of such goods. generations, will remain a north star killed. But, unfortunately, the ban—founded around the world when it comes to I look forward to working with the on principles of morality, human things like freedom, human rights, de- Senate to refine and improve this bill rights, worker rights, as well principles mocracy, and rooting out corruption. and endorse the strong measures it will of fair competition—has, to be chari- This is an issue of human rights. Mil- take to hold the Chinese regime ac- table, a history of spotty implementa- lions of people are being subjugated countable. tion. right now by the Chinese Government. Mr. CASTRO of Texas. Madam We don’t pretend that it is going to And despite international contamina- Speaker, I yield 2 minutes to the gen- be easy to stop this. Global supply tion, atrocities continue in Xinjiang, tleman from Rhode Island (Mr. chains now are complex and inter- and China shows no signs of changing CICILLINE), a valued member of the related. It is going to require the con- course, including recently releasing a Foreign Affairs Committee. certed efforts of us all. But we should white paper defending these ‘‘voca- Mr. CICILLINE. Madam Speaker, I not allow complex supply chains to jus- tional training centers.’’ am proud to cosponsor the Uyghur tify the chains of oppression on the The United States should use its Forced Labor Prevention Act, legisla- Uyghur populations now. unique position in the global trading tion that bans products of forced labor I look forward to working with my system to advance workers’ rights and by Uyghurs to the United States. colleagues in the aftermath of the pas- I want to acknowledge and thank the freedom and dignity of all people, sage of this legislation, that we work and to signal other like-minded coun- Chairman MCGOVERN, Chairman BLU- to actually implement it, we work with tries to act accordingly. MENAUER, Ranking Member MCCAUL, the expressions that have been positive I am very pleased to support this Mr. SMITH, and others who have led from the private sector and NGOs, and measure. I am glad that it has strong this effort. other partners, to make sure that it is As members of the Foreign Affairs bipartisan support, and I urge all the real. It is going to require concerted ef- Members to do the same. Committee, we work every day to en- fort. It is going to require some dis- sure that America stands up for free- Madam Speaker, I yield back the bal- location. We may even pay a dime or ance of my time. dom around the world, and we take ac- two more for a pair of socks or a T- tion to promote freedom in human The SPEAKER pro tempore. The shirt. question is on the motion offered by rights around the globe. So, in that But I do think not being complicit the gentleman from Texas (Mr. CAS- vein, we must ensure that the exploi- with this horrific oppression of over a TRO) that the House suspend the rules tation of the Uyghurs and other ethnic million—and I agree with Mr. SMITH, it and pass the bill, H.R. 6210, as amend- minorities does not continue. may well be more than that. It is time ed. Most Americans would be shocked to for us to make sure that we take a The question was taken. learn that, for years, Uyghurs have stand. Make it real. been interned, tortured, interrogated, I deeply appreciate the sentiment on The SPEAKER pro tempore. In the and brutally forced into labor by the both sides of the aisle that we are com- opinion of the Chair, two-thirds being Chinese Government, and then prod- mitted to stop it now. In an era of, in the affirmative, the ayes have it. ucts they manufacture make their way shall we say, a little conflict, this Mr. CASTRO of Texas. Madam into the U.S. market. This bill will could be a bright spot for us going for- Speaker, on that I demand the yeas stop these practices. ward. and nays. We must pass this legislation to Mr. MCCAUL. Madam Speaker, I The SPEAKER pro tempore. Pursu- crack down on China’s abhorrent yield myself the balance of my time. ant to section 3 of House Resolution human rights practices. We must con- Madam Speaker, in recent years, the 965, the yeas and nays are ordered. tinue to be a force for democratic val- world has stood by idly as the Chinese Pursuant to clause 8 of rule XX, fur- ues and human rights in our own coun- Communist Party rounded up more ther proceedings on this motion are try and around the world. than a million—probably a lot more postponed. This is an example of working to- than that—ethnic minorities into con- f gether in a bipartisan way to make it centration camps where they are tor- clear that the United States of Amer- tured, brainwashed, and forced into RESIGNATIONS AS MEMBER OF ica will not remain silent while these labor. This is all part of a deliberate COMMITTEE ON THE JUDICIARY gross human rights violations con- program by the CCP to wipe out their AND COMMITTEE ON HOMELAND tinue, and we will do all that we can to ethnic identity, their religion, their SECURITY bring the attention of the world to the culture, anything that might compete The SPEAKER pro tempore laid be- important practices of the Chinese with the Communist Party for their fore the House the following resigna- Communist Government by passing loyalties and affection. tions as a member of the Committee on these two pieces of legislation. We have a moral duty today to speak the Judiciary and the Committee on Mr. MCCAUL. Madam Speaker, I re- out against these horrifying crimes Homeland Security: serve the balance of my time. against humanity and against the CONGRESS OF THE UNITED STATES, Mr. CASTRO of Texas. Madam Uyghurs and, as the Speaker men- HOUSE OF REPRESENTATIVES, Speaker, I yield 2 minutes to the gen- tioned, against the Tibetans and Chris- Washington, DC, September 22, 2020. tleman from Oregon (Mr. BLU- tians as well, who are persecuted in the Hon. NANCY PELOSI, MENAUER). Chinese Communist regime. Speaker, Mr. BLUMENAUER. Madam Speaker, But we have an even greater duty to Washington, DC. last week our subcommittee held a avoid funding this genocide by paying DEAR SPEAKER PELOSI: Pursuant to my hearing on the Chinese Government’s for slave labor in Xinjiang. There can nomination to the House Committee on use of forced labor for the production Ways and Means, I am writing to formally no longer be business as usual with offer my resignation from both the House of all kinds of goods through a con- China. Committee on Judiciary and House Com- certed program of oppression and co- Madam Speaker, the world is watch- mittee on Homeland Security. Thank you. erced assimilation of China’s Uyghur ing. I urge my colleagues to vote Sincerely, population. ‘‘yes.’’ CEDRIC L. RICHMOND.
VerDate Sep 11 2014 07:04 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.038 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4667 The SPEAKER pro tempore. Without epidemics’’, and ‘‘strengthen international (10) The Environmental Protection Agen- objection, the resignations are accept- preparedness to support international re- cy. ed. sponse and recovery capabilities’’. (11) The Centers for Disease Control and There was no objection. SEC. 3. STATEMENT OF POLICY. Prevention. It is the policy of the United States to— (12) The Office of Science and Technology f (1) promote global health security as a core Policy. GLOBAL HEALTH SECURITY ACT national security interest; (13) The National Institutes of Health. (14) The National Institute of Allergy and OF 2020 (2) advance the aims of the Global Health Security Agenda; Infectious Diseases. Mr. CASTRO of Texas. Madam (3) collaborate with other countries to de- (15) Such other agencies as the Council de- Speaker, I move to suspend the rules tect and mitigate outbreaks early to prevent termines to be appropriate. and pass the bill (H.R. 2166) to author- the spread of disease; (e) SPECIFIC ROLES AND RESPONSIBILITIES.— ize a comprehensive, strategic ap- (4) encourage other countries to invest in (1) IN GENERAL.—The heads of agencies de- scribed in subsection (d) shall— proach for United States foreign assist- basic resilient and sustainable health care systems; and (A) make the GHSA and its implementa- ance to developing countries to (5) strengthen global health security across tion a high priority within their respective strengthen global health security, and the intersection of human and animal health agencies, and include GHSA-related activi- for other purposes, as amended. to prevent infectious disease outbreaks and ties within their respective agencies’ stra- The Clerk read the title of the bill. combat the growing threat of antimicrobial tegic planning and budget processes; The text of the bill is as follows: resistance. (B) designate a senior-level official to be responsible for the implementation of this H.R. 2166 SEC. 4. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL. Act; Be it enacted by the Senate and House of Rep- (a) ESTABLISHMENT.—The President shall (C) designate, in accordance with sub- resentatives of the United States of America in establish a Global Health Security Agenda section (d), an appropriate representative at Congress assembled, Interagency Review Council (in this section the Assistant Secretary level or higher to SECTION 1. SHORT TITLE. referred to as the ‘‘Council’’) to perform the participate on the Council; This Act may be cited as the ‘‘Global general responsibilities described in sub- (D) keep the Council apprised of GHSA-re- Health Security Act of 2020’’. section (c) and the specific roles and respon- lated activities undertaken within their re- SEC. 2. FINDINGS. sibilities described in subsection (e). spective agencies; Congress finds the following: (b) MEETINGS.—The Council shall meet not (E) maintain responsibility for agency-re- (1) In December 2009, President Obama re- less than four times per year to advance its lated programmatic functions in coordina- leased the National Strategy for Countering mission and fulfill its responsibilities. tion with host governments, country teams, Biological Threats, which listed as one of (c) GENERAL RESPONSIBILITIES.—The Coun- and GHSA in-country teams, and in conjunc- seven objectives ‘‘Promote global health se- cil shall be responsible for the following ac- tion with other relevant agencies; curity: Increase the availability of and ac- tivities: (F) coordinate with other agencies that are cess to knowledge and products of the life (1) Provide policy-level recommendations identified in this section to satisfy pro- sciences that can help reduce the impact to participating agencies on Global Health grammatic goals, and further facilitate co- from outbreaks of infectious disease whether Security Agenda (GHSA) goals, objectives, ordination of country teams, implementers, of natural, accidental, or deliberate origin’’. and implementation. and donors in host countries; and (2) In February 2014, the United States and (2) Facilitate interagency, multi-sectoral (G) coordinate across GHSA national plans nearly 30 other nations launched the Global engagement to carry out GHSA implementa- and with GHSA partners to which the United Health Security Agenda (GHSA) to address tion. States is providing assistance. several high-priority, global infectious dis- (3) Provide a forum for raising and working (2) ADDITIONAL ROLES AND RESPONSIBIL- ease threats. The GHSA is a multi-faceted, to resolve interagency disagreements con- ITIES.—In addition to the roles and respon- multi-country initiative intended to accel- cerning the GHSA. sibilities described in paragraph (1), the erate partner countries’ measurable capabili- (4)(A) Review the progress toward and heads of agencies described in subsection (d) ties to achieve specific targets to prevent, work to resolve challenges in achieving shall carry out their respective roles and re- detect, and respond to infectious disease United States commitments under the sponsibilities described in subsections (b) threats, whether naturally occurring, delib- GHSA, including commitments to assist through (i) of section 3 of Executive Order erate, or accidental. other countries in achieving the GHSA tar- 13747 (81 Fed. Reg. 78701; relating to Advanc- (3) In 2015, the United Nations adopted the gets. ing the Global Health Security Agenda to Sustainable Development Goals (SDGs), (B) The Council shall consider, among Achieve a World Safe and Secure from Infec- which include specific reference to the im- other issues, the following: tious Disease Threats), as in effect on the portance of global health security as part of (i) The status of United States financial day before the date of the enactment of this SDG 3 ‘‘ensure healthy lives and promote commitments to the GHSA in the context of Act. well-being for all at all ages’’ as follows: commitments by other donors, and the con- SEC. 5. UNITED STATES COORDINATOR FOR ‘‘strengthen the capacity of all countries, in tributions of partner countries to achieve GLOBAL HEALTH SECURITY. particular developing countries, for early the GHSA targets. (a) IN GENERAL.—The President shall ap- warning, risk reduction and management of (ii) The progress toward the milestones point an individual to the position of United national and global health risks’’. outlined in GHSA national plans for those States Coordinator for Global Health Secu- (4) On November 4, 2016, President Obama countries where the United States Govern- rity, who shall be responsible for the coordi- signed Executive Order 13747, ‘‘Advancing ment has committed to assist in imple- nation of the interagency process for re- the Global Health Security Agenda to menting the GHSA and in annual work-plans sponding to global health security emer- Achieve a World Safe and Secure from Infec- outlining agency priorities for implementing gencies. As appropriate, the designee shall tious Disease Threats’’. the GHSA. coordinate with the President’s Special Co- (5) In October 2017 at the GHSA Ministerial (iii) The external evaluations of United ordinator for International Disaster Assist- Meeting in Uganda, the United States and States and partner country capabilities to ance. more than 40 GHSA member countries sup- address infectious disease threats, including (b) CONGRESSIONAL BRIEFING.—Not less fre- ported the ‘‘Kampala Declaration’’ to extend the ability to achieve the targets outlined quently than twice each year, the employee the GHSA for an additional 5 years to 2024. within the WHO Joint External Evaluation designated under this section shall provide (6) In December 2017, President Trump re- (JEE) tool, as well as gaps identified by such to the appropriate congressional committees leased the National Security Strategy, which external evaluations. a briefing on the responsibilities and activi- includes the priority action: ‘‘Detect and (d) PARTICIPATION.—The Council shall con- ties of the individual under this section. contain biothreats at their source: We will sist of representatives, serving at the Assist- (c) APPROPRIATE CONGRESSIONAL COMMIT- work with other countries to detect and ant Secretary level or higher, from the fol- TEES DEFINED.—In this subsection, the term mitigate outbreaks early to prevent the lowing agencies: ‘‘appropriate congressional committees’’ has spread of disease. We will encourage other (1) The Department of State. the meaning given such term in section 8 of countries to invest in basic health care sys- (2) The Department of Defense. the Global Health Security Act of 2019. tems and to strengthen global health secu- (3) The Department of Justice. SEC. 6. SENSE OF CONGRESS. rity across the intersection of human and (4) The Department of Agriculture. It is the sense of the Congress that, given animal health to prevent infectious disease (5) The Department of Health and Human the complex and multisectoral nature of outbreaks’’. Services. global health threats to the United States, (7) In September 2018, President Trump re- (6) The Department of Labor. the President— leased the National Biodefense Strategy, (7) The Department of Homeland Security. (1) should consider appointing an indi- which includes objectives to ‘‘strengthen (8) The Office of Management and Budget. vidual with significant background and ex- global health security capacities to prevent (9) The United States Agency for Inter- pertise in public health or emergency re- local bioincidents from becoming national Development. sponse management to the position of United
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States Coordinator for Global Health Secu- (2) AGENCY-SPECIFIC PLANS.—The strategy (1) APPROPRIATE CONGRESSIONAL COMMIT- rity, as required by section 5(a), who is an required under subsection (a) shall include TEES.—The term ‘‘appropriate congressional employee of the National Security Council specific implementation plans from each rel- committees’’ means— at the level of Deputy Assistant to the Presi- evant Federal department and agency that (A) the Committee on Foreign Affairs and dent or higher; and describes— the Committee on Appropriations of the (2) in providing assistance to implement (A) the anticipated contributions of the de- House of Representatives; and the strategy required under section 7(a), partment or agency, including technical, fi- (B) the Committee on Foreign Relations should— nancial, and in-kind contributions, to imple- and the Committee on Appropriations of the (A) coordinate, through a whole-of-govern- ment the strategy; and Senate. ment approach, the efforts of relevant Fed- (B) the efforts of the department or agency (2) GLOBAL HEALTH SECURITY.—The term eral departments and agencies to implement to ensure that the activities and programs ‘‘global health security’’ means activities the strategy; carried out pursuant to the strategy are de- supporting epidemic and pandemic prepared- (B) seek to fully utilize the unique capa- signed to achieve maximum impact and ness and capabilities at the country and bilities of each relevant Federal department long-term sustainability. global levels in order to minimize vulner- and agency while collaborating with and (d) REPORT.— ability to acute public health events that leveraging the contributions of other key (1) IN GENERAL.—Not later than 1 year after can endanger the health of populations stakeholders; and the date on which the strategy required across geographical regions and inter- (C) utilize open and streamlined solicita- under subsection (a) is submitted to the ap- national boundaries. tions to allow for the participation of a wide propriate congressional committees under SEC. 10. SUNSET. range of implementing partners through the subsection (c), and not later than October 1 This Act, and the amendments made by most appropriate procurement mechanisms, of each year thereafter, the President shall this Act, (other than section 5) shall cease to which may include grants, contracts, cooper- submit to the appropriate congressional be effective on December 31, 2024. ative agreements, and other instruments as committees a report that describes the sta- necessary and appropriate. tus of the implementation of the strategy. The SPEAKER pro tempore. Pursu- SEC. 7. STRATEGY AND REPORTS. (2) CONTENTS.—The report required under ant to the rule, the gentleman from (a) STRATEGY.—The United States Coordi- paragraph (1) shall— Texas (Mr. CASTRO) and the gentleman nator for Global Health Security (appointed (A) identify any substantial changes made from Texas (Mr. MCCAUL) each will under section 5(a)) shall coordinate the de- in the strategy during the preceding cal- control 20 minutes. velopment and implementation of a strategy endar year; The Chair recognizes the gentleman to implement the policy aims described in (B) describe the progress made in imple- from Texas (Mr. CASTRO). section 3, which shall— menting the strategy; (1) set specific and measurable goals, (C) identify the indicators used to establish GENERAL LEAVE benchmarks, timetables, performance benchmarks and measure results over time, Mr. CASTRO of Texas. Madam metrics, and monitoring and evaluation as well as the mechanisms for reporting such Speaker, I ask unanimous consent that plans that reflect international best prac- results in an open and transparent manner; all Members have 5 legislative days in tices relating to transparency, account- (D) contain a transparent, open, and de- ability, and global health security; which to revise and extend their re- tailed accounting of expenditures by rel- marks and include extraneous material (2) support and be aligned with country- evant Federal departments and agencies to owned global health security policy and in- implement the strategy, including, to the ex- on H.R. 2166. vestment plans developed with input from tent practicable, for each Federal depart- The SPEAKER pro tempore. Is there key stakeholders, as appropriate; ment and agency, the statutory source of ex- objection to the request of the gen- (3) facilitate communication and collabo- penditures, amounts expended, partners, tar- tleman from Texas? ration, as appropriate, among local stake- geted populations, and types of activities There was no objection. holders in support of a multi-sectoral ap- supported; Mr. CASTRO of Texas. Madam proach to global health security; (E) describe how the strategy leverages (4) support the long-term success of pro- Speaker, I yield myself such time as I other United States global health and devel- may consume. grams by building the capacity of local orga- opment assistance programs; nizations and institutions in target coun- (F) assess efforts to coordinate United Madam Speaker, pandemics don’t re- tries and communities; States global health security programs, ac- spect borders and they don’t care about (5) develop community resilience to infec- tivities, and initiatives with key stake- nationalities. We have witnessed that tious disease threats and emergencies; holders; this year with the spread of the (6) leverage resources and expertise (G) incorporate a plan for regularly review- coronavirus. That is why this bill through partnerships with the private sec- ing and updating strategies, partnerships, tor, health organizations, civil society, non- comes before us at a critical time. I and programs and sharing lessons learned want to say a very big thank you to governmental organizations, and health re- with a wide range of stakeholders, including GERRY CONNOLLY from Virginia for au- search and academic institutions; and key stakeholders, in an open, transparent (7) support collaboration, as appropriate, manner; and thoring this important legislation. between United States universities, and pub- (H) describe the progress achieved and In the last 8 months, we have lic and private institutions in target coun- challenges concerning the United States watched this pandemic spread around tries and communities to promote health se- Government’s ability to advance the Global the world, upending the global econ- curity and innovation. Health Security Agenda across priority (b) COORDINATION.—The President, acting omy, disrupting our lives and creating countries, including data disaggregated by through the United States Coordinator for grave uncertainty about what happens priority country using indicators that are Global Health Security, shall coordinate, next. Unfortunately, the administra- through a whole-of-government approach, consistent on a year-to-year basis and rec- tion’s catastrophic response to the cur- ommendations to resolve, mitigate, or other- the efforts of relevant Federal departments rent COVID–19 pandemic has led to and agencies in the implementation of the wise address the challenges identified there- in. nearly 200,000 American deaths. strategy required under subsection (a) by— Madam Speaker, I reserve the bal- (1) establishing monitoring and evaluation (e) FORM.—The strategy required under systems, coherence, and coordination across subsection (a) and the report required under ance of my time. relevant Federal departments and agencies; subsection (d) shall be submitted in unclassi- COMMITTEE ON ARMED SERVICES, and fied form but may contain a classified annex. HOUSE OF REPRESENTATIVES, (2) establishing platforms for regular con- SEC. 8. COMPLIANCE WITH THE FOREIGN AID Washington, DC, July 30, 2020. sultation and collaboration with key stake- TRANSPARENCY AND ACCOUNT- Hon. ELIOT L. ENGEL, holders and the appropriate congressional ABILITY ACT OF 2016. Chairman, Committee on Foreign Affairs, committees. Section 2(3) of the Foreign Aid Trans- House of Representatives, Washington, DC. (c) STRATEGY SUBMISSION.— parency and Accountability Act of 2016 (Pub- DEAR CHAIRMAN ENGEL: I am writing to (1) IN GENERAL.—Not later than 180 days lic Law 114–191; 22 U.S.C. 2394c note) is you concerning H.R. 2166, the ‘‘Global Health after the date of the enactment of this Act, amended— Security Act of 2020.’’ There are certain pro- the President, in consultation with the head (1) in subparagraph (C), by striking ‘‘and’’ visions in this legislation that fall within of each relevant Federal department and at the end; the Rule X jurisdiction of the Armed Serv- agency, shall submit to the appropriate con- (2) in subparagraph (D), by striking the pe- ices Committee. gressional committees the strategy required riod at the end and inserting ‘‘; and’’; and In the interest of permitting your Com- under subsection (a) that provides a detailed (3) by adding at the end the following: mittee to proceed expeditiously to floor con- description of how the United States intends ‘‘(E) the Global Health Security Act of sideration of this important bill, we will not to advance the policy set forth in section 3 2020.’’. formally consider H.R. 2166. We do so with and the agency-specific plans described in SEC. 9. DEFINITIONS. the understanding that by waiving consider- paragraph (2). In this Act: ation of the bill, the Committee on Armed
VerDate Sep 11 2014 10:41 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.008 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4669 Services does not waive any future jurisdic- PERMANENT SELECT COMMITTEE ON CASTRO) and my other good friend from tional claims over the subject matters con- INTELLIGENCE, HOUSE OF REP- Texas (Mr. MCCAUL) for their leader- tained in the bill which fall within its Rule RESENTATIVES, ship and generosity in allowing us to X jurisdiction. August 24, 2020. bring this bipartisan bill before the Please ensure that our exchange of letters Hon. ELIOT ENGEL, Committee on Foreign Affairs, floor. is included in the Congressional Record dur- Madam Speaker, I rise, of course, in ing floor consideration of the bill. Thank you House of Representatives, Washington, DC. for the cooperative spirit in which you have DEAR CHAIRMAN ENGEL: I am writing to support of H.R. 2166, the Global Health worked regarding this matter and others be- you concerning H.R. 2166, the Global Health Security Act, which reaffirms the tween our respective Committees. Security Act. Certain provisions in the legis- United States’ commitment in pro- Sincerely, lation fall within the jurisdiction of the moting global health security. ADAM SMITH, House Permanent Select Committee on In- I first introduced this bill in partner- telligence (HPSCI), as set forth in Rule X of Chairman. ship with my colleague, STEVE CHABOT the House of Representatives for the 116th Congress. of Ohio, 2 years ago, before the pan- HOUSE OF REPRESENTATIVES, In the interest of permitting your com- demic, when we identified a dearth of COMMITTEE ON FOREIGN AFFAIRS, mittee to proceed expeditiously to floor con- leadership and strategy around U.S. Washington, DC, July 31, 2020. sideration of this important bill, I am will- planning for a global health security Hon. ADAM SMITH, ing to waive this committee’s right to se- emergency. Chairman, Committee on Armed Services, quential referral. By waiving consideration House of Representatives, Washington, DC. Tragically, the global COVID–19 pan- of H.R. 2166, HPSCI does not waive any fu- demic has underscored not only the DEAR CHAIRMAN SMITH: I am writing to you ture jurisdictional claim over the subjects concerning H.R. 2166, the Global Health Se- need for a robust Federal response to contained in the bill which fall within such a crisis, but also the importance curity Act. I appreciate your willingness to HPSCJ’s Rule X jurisdiction. I further re- work cooperatively on this legislation. quest that you urge the Speaker to appoint of investing in global health security I acknowledge that provisions of the bill members of HP SCI to any conference com- around the world because viruses and fall within the jurisdiction of the House mittee which is named to consider provisions diseases do not respect national bor- Committee on Armed Services under House addressing such subjects. ders. We are truly in this together. Rule X, and that your Committee will forgo Finally, I ask that our exchange of letters Amid concerns about the response to action on H.R. 2166 to expedite floor consid- be included in the Congressional Record dur- COVID–19, I welcome the fact that the eration. I further acknowledge that the inac- ing consideration of the measure on the House Foreign Affairs Committee coa- tion of your Committee with respect to the House floor. lesced around a bipartisan solution I continue to be grateful for the coopera- bill does not waive any future jurisdictional that addresses deficiencies in the cur- claim over the matters contained in the bill tive spirit in which you have worked regard- that fall within your jurisdiction. I will also ing this matter and others between our re- rent response as well as to demonstrate support the appointment of House Armed spective committees, and look forward to a a commitment to a comprehensive and Services Committee conferees during any prompt floor vote on H.R. 2166. sustainable approach to global health House-Senate conference convened on this Sincerely, security. legislation. ADAM B. SCHIFF, One of the critical lessons learned Lastly, I will ensure that our exchange of Chairman. during the U.S. response to the 2014 letters is included in the Congressional Mr. MCCAUL. Madam Speaker, I Ebola outbreak in West Africa was the Record during floor consideration of the bill. yield myself such time as I may con- need for a permanent designated offi- Thank you again for your cooperation re- sume. cial responsible for coordinating the garding the legislation. I look forward to Madam Speaker, as this painful year interagency response to a global health continuing to work with you as the measure has hammered home: viruses and moves through the legislative process. security emergency in the event of a Sincerely, pandemics know no borders. The bipar- pandemic. ELIOT L. ENGEL, tisan Global Health Security Act reaf- In fact, the primary recommendation Chairman. firms our commitment to promoting of the recent CSIS report on Strength- global health security as a core issue of ening America’s Health Security is to HOUSE OF REPRESENTATIVES, national security. restore the health security leadership COMMITTEE ON FOREIGN AFFAIRS, This bill—and I want to thank my at the White House National Security Washington, DC, July 31, 2020. friend, GERRY CONNOLLY and STEVE Council by naming a senior level leader Hon. ADAM B. SCHIFF, CHABOT, who, I am not sure if he will be in charge of coordinating U.S. efforts House Permanent Select Committee on Intel- able to speak or not—but I want to to anticipate, to prevent, and to re- ligence, House of Representatives, Wash- thank them for bringing this bill for- spond to biological crises. ington, DC. ward. Despite bipartisan support, sadly, the DEAR CHAIRMAN SCHIFF: I am writing to This bill directs the President to es- administration eliminated the previous you concerning H.R. 2166, the Global Health tablish an interagency review council Security Act. I appreciate your willingness NSC position responsible for just such to work cooperatively on this legislation. that will support our executive branch a crisis 2 years ago. I acknowledge that provisions of the bill agencies and ensure coordination be- At a time when decisive leadership fall within the jurisdiction of the House Per- tween their efforts. It also requires the and robust Federal coordination is manent Select Committee on Intelligence designation of a lead official as the sorely needed to combat the global under House Rule X, and that your Com- United States coordinator for Global COVID–19 pandemic, our Global Health mittee will forgo action on H.R. 2166 to expe- Health Security, who will be respon- Security Act would reestablish the dite floor consideration. I further acknowl- sible for coordinating the U.S. response government-wide lead for pandemic re- edge that the inaction of your Committee to global health crises across agencies. sponse by creating a U.S. coordinator. with respect to the bill does not waive any As our country continues to fight This legislation also establishes an future jurisdictional claim over the matters COVID–19 and this pandemic, we must contained in the bill that fall within your ju- interagency review council, as Mr. risdiction. I will also support the appoint- make sure our preparations to fight fu- MCCAUL indicated, charged with imple- ment of House Permanent Select Committee ture threats to the health and security menting U.S. commitments around a on Intelligence conferees during any House- of Americans are as efficient and effec- Global Health Security Agenda and Senate conference convened on this legisla- tive as they can be. sets important metrics for global tion. Madam Speaker, I want to thank the health security planning. Lastly, I will ensure that our exchange of sponsors of the bill, Mr. CONNOLLY and And the bill requires a global health letters is included in the Congressional Mr. CHABOT, for their leadership in sup- security strategy that helps other Record during floor consideration of the bill. porting and introducing this bill. countries, as well as our own, to Thank you again for your cooperation re- I reserve the balance of my time. strengthen their healthcare systems in garding the legislation. I look forward to Mr. CASTRO of Texas. Madam order to detect, prevent and mitigate continuing to work with you as the measure moves through the legislative process. Speaker, I yield 5 minutes to the gen- outbreaks early. Sincerely, tleman from Virginia (Mr. CONNOLLY). Republican and Democratic Presi- ELIOT L. ENGEL Mr. CONNOLLY. Madam Speaker, I dents have recognized the critical im- Chairman. thank my good friend from Texas (Mr. portance of global health security,
VerDate Sep 11 2014 07:04 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.009 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4670 CONGRESSIONAL RECORD — HOUSE September 22, 2020 from President Obama’s role in launch- He and I introduced it at the beginning Witnessing the death toll and the ing the Global Health Security Agenda of last year. So this was early 2019 to economic devastation that the to President Trump’s National Secu- strengthen U.S. and global prepared- coronavirus has brought, I think all rity Strategy and National Biodefense ness for and capacity to respond to Americans will agree that protecting Strategy. pandemics like the coronavirus. our Nation’s health from future Whether it is the current COVID–19 b 1300 pandemics must be seen as a national pandemic or the next crisis, it is clear security priority. We need to take this these threats are going to be ongoing This legislation was not born out of opportunity to recommit to leadership and perhaps increasing. Saving lives the coronavirus. It was born out of a on global health security and prepare from the next global pandemic starts bipartisan vision for strengthening the world to face and defeat the next with investing in preparedness before it global health systems around the world pandemic. strikes. As we have seen time and in case a disease like the coronavirus I urge my colleagues to support this again, diseases don’t respect borders, emerged. And as we know, it did, bill. I again thank the gentleman from and global health crises have immense catching the whole world really flat- Virginia (Mr. CONNOLLY) for his leader- security, economic, and humanitarian footed. ship on this bill. consequences, as we are seeing now. Congressman CONNOLLY and I intro- Mr. CASTRO of Texas. Madam Our Global Health Security Act rec- duced this legislation in April 2019, Speaker, I reserve the balance of my ognizes the critical role of U.S. leader- well before anyone had ever heard the time. ship in international health security term ‘‘COVID–19.’’ When the Foreign Mr. MCCAUL. Madam Speaker, I and enshrines U.S. global health secu- Affairs Committee considered this leg- yield 3 minutes to the gentlewoman rity policy in statute. islation in March of this year, there from Missouri (Mrs. WAGNER), an es- I am proud that this bill passed the were 100,000 coronavirus cases world- teemed member of the Foreign Affairs House Foreign Affairs Committee wide. That number has now risen, as we Committee, the vice chairwoman of the unanimously and was included in both know, to over 30 million that we know Foreign Affairs Committee, and also a the House-passed HEROES Act and the of. cosponsor of this bill. House-passed National Defense Author- The Global Health Security Act has Mrs. WAGNER. Madam Speaker, I ization Act. two main objectives. thank the ranking member for yield- The Global Health Security Act is First, it codifies bipartisan support ing. endorsed by ChildFund International, for the Global Health Security Agenda. Madam Speaker, I rise today in sup- Global Health Council, International This multilateral partnership started port of H.R. 2166, the bipartisan Global Medical Corps, IntraHealth Inter- under the Obama administration and Health Security Act. This very impor- national, the Johns Hopkins Center for was embraced by the Trump adminis- tant bill will greatly bolster the United Health Security, Nuclear Threat Initia- tration. It aims to strengthen health States’ ability to prevent and respond tive, the ONE Campaign, PATH, the systems and laboratories in countries to global health threats like the American Society of Tropical Medicine across the globe so that they meet coronavirus pandemic. and Hygiene, Management Sciences for International Health Regulation stand- As we have seen during this tragedy, Health, Sabin Vaccine Institute, The ards. infectious diseases can spread across Borgen Project, and the American So- Many of our constituents may won- borders and oceans with deadly speed. ciety for Microbiology, among others. der why we should support health sys- Improving nations’ abilities to address Madam Speaker, I want to thank my tems abroad when there are so many public health threats before they spin colleagues on a bipartisan basis, my needs here at home. Well, the out of control is, in fact, a matter of friend from Ohio, STEVE CHABOT, RICK coronavirus pandemic clearly shows national security. LARSEN from Washington, BRIAN that a weak and opaque health system The United States must lead the way FITZPATRICK from Pennsylvania, AMI in another country—in this case, in strengthening international health BERA from California, and ANN WAGNER China—can directly threaten us right security measures. Investing in multi- from Missouri, for serving as original here in America. That is why we must lateral initiatives that reduce the cosponsors on this bipartisan bill. remain vigilant, so we can contain fu- threat of global health catastrophes is I urge my colleagues to adopt it as a ture emergent deadly diseases where a bipartisan priority, and I am proud to prudent measure in response to this they originate before they have a colead this landmark bill with Rep- pandemic. chance to become a pandemic and af- resentatives CONNOLLY, CHABOT, BERA, Mr. MCCAUL. Madam Speaker, I fect us here at home. FITZPATRICK, and LARSEN. yield myself such time as I may con- Second, our bill makes sure that we The Global Health Security Act es- sume. have the personnel in place to prepare tablishes a special adviser for global Madam Speaker, I reiterate the vi- and respond to pandemics like the health security at the National Secu- sion of both Mr. CONNOLLY and Mr. coronavirus. We need someone to co- rity Council, ensuring that U.S. efforts CHABOT for introducing this bill, and ordinate our government’s response to respond to public health emer- the discussions I believe, as the gen- since that response inevitably involves gencies are efficient and well-coordi- tleman stated from Virginia, took several agencies across the govern- nated. place 2 years ago, well before the ment, from the State Department to It also requires the United States to COVID–19 pandemic. the CDC, et cetera. proactively strategize for future crises Madam Speaker, I yield 5 minutes to Several Republicans, including then- and strengthens our ability to help our the gentleman from Ohio (Mr. CHABOT), Chairman Ed Royce, called on the partners fight and contain outbreaks who introduced the bill and is the co- Obama administration to appoint a sin- within their own borders. author. gle point person with a health back- The Global Health Security Act will Mr. CHABOT. Madam Speaker, I ground during the Ebola outbreak back save lives by helping us prepare for or want to thank the ranking member for in 2014. President Obama’s team got it prevent the next pandemic. I urge my yielding. And I want to thank the gen- half right by choosing a single person, colleagues to support this bill. tleman from Virginia (Mr. CONNOLLY) who was a political appointee. The Mr. CASTRO of Texas. Madam for his leadership on this. Trump administration appointed Dr. Speaker, I reserve the balance of my Madam Speaker, I rise in support of Debbie Birx, this time a universally re- time. H.R. 2166, the Global Health Security spected health expert, as White House Mr. MCCAUL. Madam Speaker, I Act. And this was already stated, it Coronavirus Response Coordinator yield myself the balance of my time. was bipartisan legislation offered by under Vice President MIKE PENCE. The thing I really enjoy about the my good friend, Mr. CONNOLLY. We In any event, our bill would make Foreign Affairs Committee, as I know have worked on a whole range of issues this position permanent so that when the Speaker would agree with me, is in a bipartisan manner over the years. the next pandemic comes, America and that it is bipartisan. I would say that He is a Democrat and I am a Repub- the world are fully prepared to address the majority of bills passed out of our lican, but we actually worked together. that crisis. committee—in fact, I would say no
VerDate Sep 11 2014 10:41 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.044 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4671 other committee has passed more bi- lowing standing committees of the House of care, which is key to early childhood devel- partisan bills than the House Com- Representatives: opment, consists of a core set of interrelated mittee on Foreign Affairs, as it should COMMITTEE ON NATURAL RESOURCES: Ms. components, including— ´ be. Barragan (to rank immediately after Mr. (A) behaviors, attitudes, and knowledge Garcı´a of Illinois). about caregiving, including health, hygiene I thank my good friend JOAQUIN CAS- COMMITTEE ON WAYS AND MEANS: Mr. Rich- care, and feeding; TRO from Texas. mond (to rank immediately after Mr. (B) stimulation, such as talking, singing, Of course, Madam Speaker, you are Horsford). and playing; from Texas. We seem to have a trifecta Mr. JEFFRIES (during the reading). (C) responsiveness, such as early bonding, here today from Texas. Madam Speaker, I ask unanimous con- secure attachment, trust, and sensitive com- But I will say Chairman ENGEL has sent that the resolution be considered munication; and been a great partner to me, working to- (D) safety, including routines, protection as read and printed in the RECORD. from violence, abuse, neglect, harm, and en- gether as a chairman and ranking The SPEAKER pro tempore. Is there member should on a national security vironmental pollution. objection to the request of the gen- (6) According to a 2016 report published in committee. We should put the interests tleman from New York? The Lancet entitled ‘‘Advancing Early Child- of the Nation above partisan politics, There was no objection. hood Development: From Science to and that has been our charge and our The resolution was agreed to. Scale’’— duty. A motion to reconsider was laid on (A) nurturing care from parents, relatives, I am, quite frankly, proud to say that and other caregivers and services are forma- the table. is how we have conducted ourselves in tive experiences for young children; this Congress. It is very gratifying, f (B) programs promoting nurturing care can Madam Speaker, to close out this ses- improve early childhood development out- GLOBAL CHILD THRIVE ACT OF comes; and sion of Congress, before this very tu- 2020 (C) children who do not receive nurturing multuous election cycle and very divi- Mr. CASTRO of Texas. Madam care display negative development outcomes, sive time in our politics and our Amer- Speaker, I move to suspend the rules such as greater sensitivity to the effects of ican history, but for me to be able to stress or behavioral problems, especially and pass the bill (H.R. 4864) to develop close this out in a very bipartisan way, children who do not receive nurturing care and implement policies to advance that, I think, is what most Americans before their second birthday. early childhood development, to pro- out there want from their leaders in (7) According to the ‘‘Advancing Protec- vide assistance for orphans and other tion and Care for Children in Adversity 2019– the Congress. vulnerable children in developing coun- 2023: A U.S. Government Strategy for Inter- I thank the gentleman from Texas national Assistance’’, children who live with- and the Speaker from Texas for your tries, and for other purposes, as amend- ed. out protective family care, in abusive house- bipartisan support. I urge my col- holds, on the streets, or in institutions, or The Clerk read the title of the bill. leagues to support this bill, and I yield who are trafficked, are participating in back the balance of my time. The text of the bill is as follows: armed groups, or are being exploited for Mr. CASTRO of Texas. Madam H.R. 4864 their labor are more likely to be exposed to Speaker, I yield myself the balance of Be it enacted by the Senate and House of Rep- violence, exploitation, abuse, and neglect. my time for the purpose of closing. resentatives of the United States of America in (8) According to a 2017 UNICEF report enti- Congress assembled, tled ‘‘Early Moments Matter for every As the saying goes, an ounce of pre- child’’, violence, abuse, neglect, and trau- SECTION 1. SHORT TITLE. vention is worth a pound of cure, and matic experiences produce toxic stress that This Act may be cited as the ‘‘Global Child that is undoubtedly true in global limits neural connectivity in developing Thrive Act of 2020’’. health. We have seen firsthand the dan- brains. gers of a lack of preparedness. SEC. 2. FINDINGS. (9) According to a 2014 working paper from Today’s legislation will prepare a co- Congress finds the following: the National Scientific Council on the Devel- ordinated response for future (1) According to a 2019 report from the oping Child at Harvard University entitled United Nations Inter-Agency Group for Child pandemics. I give a special thank you ‘‘Excessive Stress Disrupts the Architecture Mortality Estimation entitled ‘‘Levels & of the Developing Brain’’— to Mr. CONNOLLY for authoring this im- Trends in Child Mortality’’, the annual num- (A) situations that produce toxic stress in- portant legislation and, of course, I ber of deaths among children younger than crease the production of cortisol in a child’s thank Mr. MCCAUL of Texas and the 15 years of age dropped by 56 percent between brain, which disrupts its healthy develop- others who have worked in a bipartisan 1990 and 2018, from approximately 14,200,000 ment; and way to get this bill to the floor today. to approximately 6,200,000. (B) chronic stress can potentially affect Madam Speaker, I yield back the bal- (2) According to a 2016 article published in the expression of genes that regulate the ance of my time. The Lancet entitled ‘‘Early childhood devel- stress response across the life course. The SPEAKER pro tempore (Ms. opment: the foundation of sustainable devel- (10) According to a 2018 article in the North opment’’— Carolina Medical Journal entitled ‘‘Adverse JACKSON LEE). The question is on the (A) an estimated 250,000,000 children in low- Childhood Experiences (ACEs): An Important motion offered by the gentleman from income and middle-income countries suffer Element of a Comprehensive Approach to the Texas (Mr. CASTRO) that the House sus- suboptimal development due to poverty and Opioid Crisis’’, adverse childhood experiences pend the rules and pass the bill, H.R. stunting alone; and (ACEs) are traumatic or stressful experi- 2166, as amended. (B) children who do not meet develop- ences, including emotional, physical, or sex- The question was taken; and (two- mental milestones are expected to lose about ual abuse, domestic violence, household sub- thirds being in the affirmative) the 25 percent of their average yearly income stance abuse, household mental illness, pa- rules were suspended and the bill, as once they become adults. rental separation or divorce, and the incar- amended, was passed. (3) According to a report from the United ceration of a household family member. A motion to reconsider was laid on Nations Children’s Fund (UNICEF), entitled (11) According to a 2016 report in Develop- ‘‘The State of the World’s Children 2016: A ment and Psychopathology entitled ‘‘Child- the table. fair chance for every child’’, nearly hood Adversity and Epigenetic Regulation of f 250,000,000 of the world’s 650,000,000 primary Glucocorticoid Signaling Genes: Associa- ELECTING CERTAIN MEMBERS TO school age children do not master basic lit- tions in Children and Adults’’— (A) children and adults are at risk of devel- CERTAIN STANDING COMMIT- eracy and numeracy. (4) According to a 2018 report from the oping psychiatric disorders and other med- TEES OF THE HOUSE OF REP- World Health Organization entitled ‘‘Nur- ical conditions if they have had an adverse RESENTATIVES turing Care for early childhood develop- childhood experience; and Mr. JEFFRIES. Madam Speaker, by ment’’— (B) adults who have had numerous ACEs direction of the Democratic Caucus, I (A) the environment in which a child grows die nearly 20 years earlier, on average, than offer a privileged resolution and ask has a profound impact on future learning, be- adults who have not had numerous ACEs. havior, and health; and SEC. 3. SENSE OF CONGRESS. for its immediate consideration. (B) a country’s economic diversity and It is the sense of Congress that— The Clerk read the resolution, as fol- growth could be improved by investment in (1) the United States Government should lows: early childhood development. continue efforts to reduce child mortality H. RES. 1135 (5) According to a 2017 UNICEF report enti- rates and increase attention on prevention Resolved, That the following named Mem- tled ‘‘UNICEF’s Programme Guidance for efforts and early childhood development pro- bers be, and are hereby, elected to the fol- Early Childhood Development’’, nurturing grams;
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(2) investments in early childhood develop- ‘‘(4) FEDERAL DEPARTMENTS AND AGEN- ‘‘(B) to the extent practicable, identify evi- ment ensure healthy and well-developed fu- CIES.—The term ‘Federal departments and dence-based strategic priorities, indicators, ture generations that contribute to a coun- agencies’ means— outcomes, and targets, particularly empha- try’s stability, security and economic pros- ‘‘(A) the Department of State; sizing the most vulnerable populations and perity; ‘‘(B) the United States Agency for Inter- children with disabilities and developmental (3) efforts to provide training and edu- national Development; delays, to support inclusive early childhood cation on nurturing care could result in im- ‘‘(C) the Department of the Treasury; development; proved early childhood development out- ‘‘(D) the Department of Labor; ‘‘(C) support the design, implementation, comes and support healthy brain develop- ‘‘(E) the Department of Education; and evaluation of pilot projects in partner ment; and ‘‘(F) the Department of Agriculture; countries, with the goal of taking such (4) integration and cross-sector coordina- ‘‘(G) the Department of Defense; projects to scale; tion of early childhood development pro- ‘‘(H) the Department of Health and Human ‘‘(D) support inclusive early childhood de- grams is critical to ensure the efficiency, ef- Services, including— velopment within all relevant sector strate- fectiveness, and continued implementation ‘‘(i) the Centers for Disease Control and gies and public laws, including— of such programs. Prevention; and ‘‘(i) the Global Water Strategy required ‘‘(ii) the National Institutes of Health; under section 136(j); SEC. 4. ASSISTANCE TO IMPROVE EARLY CHILD- ‘‘(I) the Millennium Challenge Corpora- HOOD OUTCOMES GLOBALLY. ‘‘(ii) the whole-of-government strategy re- tion; quired under section 5 of the Global Food Se- (a) AUTHORIZATION OF ASSISTANCE.— ‘‘(J) the Peace Corps; and curity Act of 2016 (22 U.S.C. 9304 note); Amounts authorized to be appropriated to ‘‘(K) any other department or agency spec- ‘‘(iii) the Basic Education Strategy set carry out section 135 in chapter 1 of part 1 of ified by the President for the purposes of this forth in section 105(c); the Foreign Assistance Act of 1961 (22 U.S.C. section. ‘‘(iv) the U.S. Government Global Nutri- 2151 et seq.) for each of the fiscal years 2021 ‘‘(5) RESIDENTIAL CARE.—The term ‘residen- tion Coordination Plan, 2016–2021; and through 2025 are authorized to be made avail- tial care’ means care provided in any non- ‘‘(v) APCCA; and others as appropriate; able to support early childhood development family-based group setting, including or- ‘‘(E) improve coordination with foreign activities in conjunction with relevant, ex- phanages, transit or interim care centers, governments and international and regional isting programming, such as water, sanita- children’s homes, children’s villages or cot- organizations with respect to official coun- tion and hygiene, maternal and child health, tage complexes, group homes, and boarding try policies and plans to improve early child- basic education, nutrition and child protec- schools used primarily for care purposes as hood development, maternal, newborn, and tion. an alternative to a children’s home. child health and nutrition care, basic edu- ‘‘(b) STATEMENT OF POLICY.—It is the pol- (b) ASSISTANCE TO IMPROVE EARLY CHILD- cation, water, sanitation and hygiene, and icy of the United States— HOOD OUTCOMES GLOBALLY.—Chapter 1 of child protection plans which promote nur- ‘‘(1) to support early childhood develop- part I of the Foreign Assistance Act of 1961 turing, appropriate, protective, and perma- ment in relevant foreign assistance pro- (22 U.S.C. 2151 et seq.) is amended by adding nent family care, while reducing the percent- grams, including by integrating evidence- at the end the following: age of children living in residential care or based, efficient, and effective interventions on the street; and ‘‘SEC. 137. ASSISTANCE TO IMPROVE EARLY into relevant strategies and programs, in co- CHILDHOOD OUTCOMES GLOBALLY. ordination with partner countries, other do- ‘‘(F) consult with partner countries, other ‘‘(a) DEFINITIONS.—In this section: nors, international organizations, inter- donors, international organizations, inter- ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- national financial institutions, local and national financial institutions, local and TEES.—The term ‘appropriate congressional international nongovernmental organiza- international nongovernmental organiza- committees’ means— tions, private sector partners, civil society, tions, private sector partners and faith-based ‘‘(A) the Committee on Appropriations of and faith-based and community-based orga- and community-based organizations, as ap- the Senate; nizations; and propriate. ‘‘(B) the Committee on Foreign Relations ‘‘(2) to encourage partner countries to lead ‘‘(d) ANNUAL REPORT ON THE IMPLEMENTA- of the Senate; early childhood development initiatives that TION OF THE STRATEGY.—The Special Advisor ‘‘(C) the Committee on Appropriations of include incentives for building local capacity for Children in Adversity shall include, in the House of Representatives; and for continued implementation and measur- the annual report required under section 5 of ‘‘(D) the Committee on Foreign Affairs of able results, by— the Assistance for Orphans and Other Vul- the House of Representatives. ‘‘(A) scaling up the most effective, evi- nerable Children in Developing Countries ‘‘(2) EARLY CHILDHOOD DEVELOPMENT.—The dence-based, national interventions, includ- Act of 2005 (22 U.S.C. 2152g), which shall be term ‘early childhood development’ means ing for the most vulnerable populations and submitted to the appropriate congressional the development and learning of a child children with disabilities and developmental committees and made publicly available, a younger than 8 years of age, including phys- delays, with a focus on adaptation to coun- description of— ical, cognitive, social, and emotional devel- try resources, cultures, and languages; ‘‘(1) the progress made toward integrating opment and approaches to learning that ‘‘(B) designing, implementing, monitoring, early childhood development interventions allow a child to reach his or her full develop- and evaluating programs in a manner that into relevant strategies and programs; mental potential. enhances their quality, transparency, equity, ‘‘(2) the efforts made by relevant Federal ‘‘(3) EARLY CHILDHOOD DEVELOPMENT PRO- accountability, efficiency and effectiveness departments and agencies to implement sub- GRAM.—The term ‘early childhood develop- in improving child and family outcomes in section (c), with a particular focus on the ac- ment program’ means a program that en- partner countries; and tivities described in such subsection; sures that every child has the conditions for ‘‘(C) utilizing and expanding innovative ‘‘(3) the progress achieved during the re- healthy growth, nurturing family-based care, public-private financing mechanisms. porting period toward meeting the goals, ob- development and learning, and protection ‘‘(c) IMPLEMENTATION.— jectives, benchmarks, described in sub- from violence, exploitation, abuse, and ne- ‘‘(1) IN GENERAL.—Not later than 1 year section (c); and glect, which may include— after the date of the enactment of this sec- ‘‘(4) the progress achieved during the re- ‘‘(A) a health, clean water, sanitation, and tion, the Administrator of the United States porting period toward meeting the goals, ob- hygiene program that serves pregnant Agency for International Development, in jectives, benchmarks, and timeframes de- women, children younger than 5 years of age, coordination with the Secretary of State, scribed in subsection (c) at the program and the parents of such children; shall direct relevant Federal departments level, along with specific challenges or gaps ‘‘(B) a nutrition program, combined with and agencies— that may require shifts in targeting or fi- stimulating child development activity; ‘‘(A) to incorporate, to the extent practical nancing in the following fiscal year. ‘‘(C) age appropriate cognitive stimulation, and relevant, early childhood development ‘‘(e) INTERAGENCY TASK FORCE.—The Spe- especially for newborns, infants, and tod- into foreign assistance programs to be car- cial Advisor for Assistance to Orphans and dlers, including an early childhood interven- ried out during the following 5 fiscal years; Vulnerable Children should regularly con- tion program for children experiencing at- and vene an interagency task force, to coordi- risk situations, developmental delays, dis- ‘‘(B) to promote inclusive early childhood nate— abilities, and behavioral and mental health development in partner countries. ‘‘(1) intergovernmental and interagency conditions; ‘‘(2) ELEMENTS.—In carrying out paragraph monitoring, evaluation, and reporting of the ‘‘(D) an early learning (36 months and (1), the Administrator, the Secretary, and activities carried out pursuant to this sec- younger), preschool, and basic education pro- the heads of other relevant Federal depart- tion; gram for children until they reach 8 years of ments and agencies as appropriate shall— ‘‘(2) early childhood development initia- age or complete primary school; or ‘‘(A) build on the evidence and priorities tives that include children with a variety of ‘‘(E) a child protection program, with an outlined in ‘Advancing Protection and Care needs and circumstances; and emphasis on the promotion of permanent, for Children in Adversity: A U.S. Govern- ‘‘(3) United States Government early child- safe, and nurturing families, rather than ment Strategy for International Assistance hood development programs, strategies, and placement in residential care or institutions, 2019–2023’, published in June 2019 (referred to partnerships across relevant Federal depart- including for children with disabilities. in this section as ‘APCCA’); ments and agencies.’’.
VerDate Sep 11 2014 07:04 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.021 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4673 SEC. 5. SPECIAL ADVISOR FOR ASSISTANCE TO ing impairs a child’s growth and devel- FITZPATRICK for their leading efforts on ORPHANS AND VULNERABLE CHIL- opment, with lifelong negative effects. the Global Child Thrive Act, which we DREN. Section 135(e)(2) of the Foreign Assistance The Global Child Thrive Act is de- are considering here today. Act of 1961 (22 U.S.C. 2152f(e)(2)) is amended— signed to reduce the devastating effects Although children have not faced as (1) by amending subparagraph (A) to read of poverty through early childhood de- many direct health effects from as follows: velopment programming. Early child- COVID–19, the follow-on effects of the ‘‘(A) Coordinate assistance to orphans and hood development, or ECD, provides for pandemic endanger the welfare of other vulnerable children among the rel- the care and nurturing that restores a countless vulnerable children around evant Executive branch agencies and offi- child’s prospects for success in the fu- the world. Over the summer, the U.N. cials.’’; and ture. ECD interventions build a brain estimated that an additional 10,000 (2) in subparagraph (B), by striking ‘‘the various offices, bureaus, and field missions architecture that is necessary for children are dying every month due to within the United States Agency for Inter- growth through reading, singing, play hunger caused by COVID–19. national Development’’ and inserting ‘‘the activities with shape and color, and re- This pandemic is also reversing hard- relevant Executive branch agencies and offi- sponsive interaction. fought gains we have made in com- cials’’. The benefits of ECD are particularly bating other diseases, increasing access SEC. 6. RULE OF CONSTRUCTION. critical during this coronavirus pan- to education, and reducing extreme Nothing in the amendments made by this demic when children face severe dis- poverty. Act may be construed to restrict or abrogate ruptions in development. Hundreds of This legislation supports efforts to any other authorization for United States thousands of children have already lost integrate early childhood development Agency for International Development ac- a family member, and quarantines and into existing interventions on nutri- tivities or programs. school closures have led to isolation tion, education, maternal health, and The SPEAKER pro tempore. Pursu- and increased child protection con- water, sanitation, and hygiene. ant to the rule, the gentleman from cerns. It also expands the role of the Special Texas (Mr. CASTRO) and the gentleman With so much at stake, we need to Advisor for Assistance to Orphans and from Texas (Mr. MCCAUL) each will take action now. Vulnerable Children in coordinating control 20 minutes. This bill is not just my bill or a U.S. assistance and improving inter- The Chair recognizes the gentleman Democratic bill, but a bipartisan bill agency cooperation. from Texas (Mr. CASTRO). that has garnered widespread support This bill, in short, Madam Speaker, GENERAL LEAVE because saving children’s lives is not a protects the most vulnerable in our so- Mr. CASTRO of Texas. Madam Chair, partisan measure but a human impera- ciety, our children, from hunger and I ask unanimous consent that all Mem- tive. disease, and I urge my colleagues to bers have 5 legislative days in which to The Global Child Thrive Act shows support it. revise and extend their remarks and in- that the United States is there for the Madam Speaker, I reserve the bal- clude in the RECORD extraneous mate- world’s most vulnerable and precious ance of my time. rial on H.R. 4864. possession, its children. It also shows Mr. CASTRO of Texas. Madam The SPEAKER pro tempore. Is there that we are serious about combating Speaker, I reserve the balance of my objection to the request of the gen- poverty as one of the greatest scourges time. tleman from Texas? that affects human dignity. Mr. MCCAUL. Madam Speaker, I There was no objection. This leadership is critical because yield 5 minutes to the gentleman from Mr. CASTRO of Texas. Madam we, as a nation, need to demonstrate to Pennsylvania (Mr. FITZPATRICK), the Speaker, I yield myself such time as I the world that we are still the North coauthor of the bill. An esteemed mem- may consume. Star of freedom, democracy, and ber of the Committee on Foreign Af- As I begin, I express deep gratitude human rights. fairs, the gentleman, again, working to Chairman ENGEL for his strong and We need to show that the world can with my good friend, Congressman steady leadership on the House Foreign trust and follow our lead in welcoming CASTRO, has brought this measure for- Affairs Committee and specifically, those seeking refuge and helping ward today. with respect to this bill, for working marginalized populations around the Mr. FITZPATRICK. Madam Speaker, with me to move important legislation world who just want the chance not I thank Ranking Member MCCAUL for through the committee and the Con- only to survive but to thrive. yielding me time to speak on the Glob- gress. I have spoken about the need to build al Child Thrive Act. I also thank Representative BRIAN up what I call an infrastructure of di- Madam Speaker, as a lifelong FBI FITZPATRICK for working with me on plomacy. The work of USAID and special agent, one of my greatest con- this legislation that enjoys wide bipar- international development, and our cerns has always been the welfare of tisan support in both the House and the partnerships with NGOs that imple- children, not just children in the Senate. ment these programs, is an important United States, but children across the Finally, I recognize USAID as the component of that infrastructure that globe. country’s lead agency to provide hu- enables our Nation’s leadership on the Last year, as the ranking member in- manitarian assistance and lead in world’s stage. dicated, I partnered with my colleague, Foreign affairs issues need the atten- international development. The tire- Congressman CASTRO, to introduce less efforts of its staff helped millions tion of our Nation because the truth is, H.R. 4864, the Global Child Thrive Act. of vulnerable people every year and ad- foreign affairs touches all aspects of This legislation was written to support vanced core United States interests. our lives, including national security, young children and their families The Global Child Thrive Act shows personal health, and access to essential across the globe. that the leadership in Congress is con- goods. It determines how we trust and Our bill has wide bipartisan and bi- cerned about future generations in de- look at the goodness of our neighbors, cameral support. Our bill passed unani- veloping countries, and we are con- not only across borders but across our mously out of the House Foreign Af- cerned that they be empowered to sur- own streets. fairs Committee in December. We have This is a good measure. It has bipar- vive and succeed. over 60 bipartisan cosponsors. It is also tisan support, and I hope that my col- I would like to speak to the impor- supported by over 50 civil society leagues will support it. tance of this bill that we are consid- Madam Speaker, I reserve the bal- groups working in child and inter- ering here today in the House of Rep- ance of my time. national development. resentatives. Madam Speaker, I want to particu- Over 250 million children worldwide b 1315 larly thank Catholic Relief Services, are at risk of stunted growth and dam- Mr. MCCAUL. Madam Speaker, I whose constituent advocates in my age to their brains due to the long-last- yield myself as much time as I may home district have championed these ing impacts of poverty, conflict, and consume. issues. displacement. Research indicates that Madam Speaker, I thank Representa- Madam Speaker, the Global Child poor health, stress, and lack of learn- tive CASTRO and Representative Thrive Act would update our foreign
VerDate Sep 11 2014 07:04 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.021 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4674 CONGRESSIONAL RECORD — HOUSE September 22, 2020 aid programs to increase their effec- Finally, Madam Speaker, being a H.R. 5664 tiveness and multiply developmental Catholic myself, I do want to thank Be it enacted by the Senate and House of Rep- outcomes for young children. Cur- Catholic Relief Services and the devel- resentatives of the United States of America in rently, less than 1 percent of our U.S. opment community for their work on Congress assembled, budget goes towards international aid this bill, working so hard to get to this SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Leveraging programs, so it is critical that those point where we are now on the floor of Information on Foreign Traffickers Act’’ or limited dollars do as much good as pos- the House of Representatives in the the ‘‘LIFT Act’’. sible. United States Congress getting ready SEC. 2. SENSE OF CONGRESS. Today, the need for the enactment of to pass such an important bill that will It is the sense of Congress that— our bill into law is more pressing than save so many children’s lives. (1) the annual Trafficking In Persons Re- ever, as experts agree that the sec- Madam Speaker, I yield back the bal- port prepared by the Department of State ondary impacts of COVID–19, such as ance of my time. pursuant to the Trafficking Victims Protec- increased food insecurity, malnutri- Mr. CASTRO of Texas. Madam tion Act of 2000 (the ‘‘TIP Report’’) remains tion, and violence, will fall most heav- one of the most comprehensive, timely, and Speaker, I yield myself as much time important sources of information on human ily on vulnerable children. The Global as I may consume. trafficking in the world, and currently in- Child Thrive Act will support the most It is now up to us to pass this bill cludes 187 individual country narratives; vulnerable children to withstand the that is before us today and to send a (2) in January 2019, the statute mandating secondary impacts of the coronavirus, strong signal to the Senate that pass- the TIP Report was amended to require that as well as future deadly pandemics. ing the Global Child Thrive Act into each report must cover efforts and activities Moreover, this act is crucial, since law is urgent. occurring within the period from April 1 of children around the globe are continu- I also, Madam Speaker, as folks have the prior year through March 31 of the cur- ously affected by widespread poverty rent year, which necessarily requires the col- said, want to thank Catholic Relief lection and transmission of information and the lack of adequate childcare. Ac- Services for all of their work and the after March 31; cording to UNICEF, extreme poverty in work of their members and different (3) ensuring that the Department of State low- and middle-income countries is chapters throughout the country in has adequate time to receive, analyze, and the reason why 250 million children 5 helping to shepherd this bill. incorporate trafficking-related information years old and younger may not achieve As the world toils through a dev- into its annual Trafficking In Persons Re- their full developmental potential. astating pandemic, now more than port is important to the quality and com- Moreover, UNICEF reports that at ever, we must keep child welfare and prehensiveness of that report; least ‘‘75 million children under age (4) information regarding prevalence and the elimination of poverty front and patterns of human trafficking is important five live in areas affected by conflict.’’ center if we are to lead our country for understanding the scourge of modern Conflict increases a child’s ‘‘risk of and the world to a stronger, healthier, slavery and making effective decisions about toxic stress’’ and ‘‘can inhibit brain and more resilient condition. We must where and how to combat it; and cell connections.’’ stand united and be the acting con- (5) United States officials responsible for Finally, Madam Speaker, I thank science of the country. It is our job to monitoring and combating trafficking in Congressman CASTRO for his biparti- do so. persons around the world should receive sanship and his hard work on this leg- I, therefore, Madam Speaker, urge available information regarding where and islation. I also thank Chairman ENGEL how often United States diplomatic and con- my colleagues in the House to support sular officials encounter persons who are re- and Ranking Member MCCAUL, all fine this measure so we can get it to the sponsible for, or who knowingly benefit colleagues of mine, for their coopera- President’s desk and have it signed from, severe forms of trafficking in persons. tion and support on our legislation. into law. SEC. 3. ANNUAL DEADLINE FOR TRAFFICKING IN As we all know, Madam Speaker, fo- Madam Speaker, I yield back the bal- PERSONS REPORT. cusing on children is focusing on our ance of my time. Section 110(b)(1) of the Trafficking Victims future, and I urge all of my colleagues, The SPEAKER pro tempore. The Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended by striking ‘‘June 1’’ and inserting Democrat and Republican, to vote question is on the motion offered by ‘‘yes’’ on H.R. 4864, the Global Child ‘‘June 30’’. the gentleman from Texas (Mr. CAS- SEC. 4. UNITED STATES ADVISORY COUNCIL ON Thrive Act. TRO) that the House suspend the rules HUMAN TRAFFICKING. Mr. CASTRO of Texas. Madam and pass the bill, H.R. 4864, as amend- (a) EXTENSION.—Section 115(h) of the Jus- Speaker, I reserve the balance of my ed. tice for Victims of Trafficking Act of 2015 time. The question was taken; and (two- (Public Law 114–22; 129 Stat. 243) is amended Mr. MCCAUL. Madam Speaker, I thirds being in the affirmative) the by striking ‘‘September 30, 2021’’ and insert- yield myself such time as I may con- ing ‘‘September 30, 2025’’. rules were suspended and the bill, as (b) COMPENSATION.—Section 115(f) of the sume. I am prepared to close. amended, was passed. Madam Speaker, I thank my good Justice for Victims of Trafficking Act of 2015 A motion to reconsider was laid on (Public Law 114–22; 129 Stat. 243) is amend- friend, BRIAN FITZPATRICK, for his work the table. ed— in the FBI. I thought it was very com- (1) in paragraph (1), by striking ‘‘and’’ pelling, the testimony about putting f after the semicolon at the end; children’s lives as the highest priority (2) in paragraph (2), by striking the period as he served as a very distinguished LEVERAGING INFORMATION ON at end and inserting ‘‘; and’’; and special agent in the Bureau and now FOREIGN TRAFFICKERS ACT (3) by adding at the end the following new serves in this Congress. I think George- Mr. CASTRO of Texas. Madam paragraph: Speaker, I move to suspend the rules ‘‘(3) may each receive compensation for town University ranked him as the each day such member is engaged in the ac- most bipartisan Member of this body, and pass the bill (H.R. 5664) to amend tual performance of the duties of the Coun- of the House. I take pride in being on the Trafficking Victims Protection Act cil.’’. the top of the list, but Mr. of 2000 to ensure adequate time for the (c) COMPENSATION REPORT.—Not later than FITZPATRICK’s service in this House has preparation of the annual Trafficking 120 days after the date of the enactment of been to issues of importance to Ameri- in Persons Report, require the timely this Act, the Secretary of State shall provide cans. provision of information to the Office to the relevant congressional committees a Most Americans don’t want us bick- to Monitor and Combat Trafficking in plan to implement compensation for mem- bers of the United States Advisory Council ering. Most Americans want us work- Persons and the Bureau of Diplomatic on Human Trafficking pursuant to paragraph ing across the aisle to get good things Security of the Department of State (3) of section 115(f) of the Justice for Victims done for the people of this country. The regarding the number and location of of Trafficking Act of 2015 (Public Law 114–22; gentleman has demonstrated that visa denials based, in whole or in part, 129 Stat. 243), as added by subsection (b). every day I have witnessed him in of- on grounds related to human traf- SEC. 5. TIMELY PROVISION OF INFORMATION TO fice in this Congress and since he has ficking, and for other purposes, as THE OFFICE TO MONITOR AND COM- BAT TRAFFICKING IN PERSONS OF served in office. amended. THE DEPARTMENT OF STATE. Madam Speaker, I thank Congress- The Clerk read the title of the bill. (a) IN GENERAL.—Section 106 of the Traf- man CASTRO for his leadership. The text of the bill is as follows: ficking Victims Protection Act of 2000 (22
VerDate Sep 11 2014 07:04 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.051 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4675 U.S.C. 7104) is amended by adding at the end (B) the city or locality of residence of the measure is a step in that direction, and the following new subsection: applicant whose visa application was so de- I hope all of my colleagues, Republican ‘‘(l) INFORMATION REGARDING HUMAN TRAF- nied. and Democrat, will join me in sup- FICKING-RELATED VISA DENIALS.— (2) RELEVANT CONGRESSIONAL COMMIT- porting it. ‘‘(1) IN GENERAL.—The Secretary of State TEES.—The term ‘‘relevant congressional Madam Speaker, I reserve the bal- committees’’ means— shall ensure that the Office to Monitor and ance of my time. Combat Trafficking in Persons and the Bu- (A) the Committee on Foreign Affairs and HOUSE OF REPRESENTATIVES, reau of Diplomatic Security of the Depart- the Committee on the Judiciary of the House COMMITTEE ON JUDICIARY, ment of State receive timely and regular in- of Representatives; and Washington, DC, July 30, 2020. formation regarding United States visa deni- (B) the Committee on Foreign Relations Hon. ELIOT L. ENGEL, als based, in whole or in part, on grounds re- and the Committee on the Judiciary of the Chairman, Committee on Foreign Affairs, lated to human trafficking. Senate. House of Representatives, Washington, DC. ‘‘(2) DECISIONS REGARDING ALLOCATION.— The SPEAKER pro tempore. Pursu- DEAR CHAIRMAN ENGEL: This is to advise The Secretary of State shall ensure that de- ant to the rule, the gentleman from you that the Committee on the Judiciary cisions regarding the allocation of resources Texas (Mr. CASTRO) and the gentleman has now had an opportunity to review the of the Department of State related to com- from Texas (Mr. MCCAUL) each will provisions in H.R. 5664, the LIFT Act, that bating human trafficking and to law enforce- fall within our Rule X jurisdiction. I appre- ment presence at United States diplomatic control 20 minutes. The Chair recognizes the gentleman ciate your consulting with us on those provi- and consular posts appropriately take into sions. The Judiciary Committee has no ob- from Texas (Mr. CASTRO). account— jection to your including them in the bill for ‘‘(A) the information described in para- GENERAL LEAVE consideration on the House floor, and to ex- graph (1); and Mr. CASTRO of Texas. Madam pedite that consideration is willing to waive ‘‘(B) the information included in the most Speaker, I ask unanimous consent that sequential referral, with the understanding recent report submitted in accordance with that we do not thereby waive any future ju- section 110(b).’’. all Members have 5 legislative days in which to revise and extend their re- risdictional claim over those provisions or (b) CONFORMING AMENDMENT.—Section 103 marks and include extraneous material their subject matters. of the Trafficking Victims Protection Act of In the event a House-Senate conference on 2000 (22 U.S.C. 7102) is amended by adding at on H.R. 5664. this or similar legislation is convened, the the end the following new paragraphs: The SPEAKER pro tempore. Is there Judiciary Committee reserves the right to ‘‘(18) GROUNDS RELATED TO HUMAN TRAF- objection to the request of the gen- request an appropriate number of conferees FICKING.—The term ‘grounds related to tleman from Texas? to address any concerns with these or simi- human trafficking’ means grounds related to There was no objection. lar provisions that may arise in conference. the criteria for inadmissibility to the United Mr. CASTRO of Texas. Madam Please place this letter into the Congres- States described in subsection (a)(2)(H) of Speaker, I yield myself such time as I sional Record during consideration of the section 212 of the Immigration and Nation- may consume. measure on the House floor. Thank you for ality Act (8 U.S.C. 1182).’’. the cooperative spirit in which you have Madam Speaker, human trafficking, SEC. 6. REPORTS TO CONGRESS. worked regarding this matter and others be- better termed modern-day slavery, has tween our committees. (a) INITIAL REPORT.—Not later than 90 days grown into a sprawling and complex Sincerely, after the date of the enactment of this Act, billion-dollar criminal enterprise. An the Secretary of State shall provide to the JERROLD NADLER, relevant congressional committees a report estimated 25 million people are cur- Chairman. that— rently victims of trafficking, having HOUSE OF REPRESENTATIVES, (1) describes the actions that have been been forced into abusive situations in- COMMITTEE ON FOREIGN AFFAIRS, taken and that are planned to implement volving forced labor, sex exploitation, Washington, DC, July 31, 2020. subsection (l) of section 106 of the Traf- and involuntary domestic servitude. Hon. JERROLD NADLER, ficking Victims Protection Act of 2000 (22 The House Foreign Affairs Com- Chairman, Committee on the Judiciary, U.S.C. 7104), as added by section 5 of this Act; mittee has a long history of con- House of Representatives, Washington, DC. and fronting modern-day slavery, and the DEAR CHAIRMAN NADLER: I am writing to (2) identifies by country and by United you concerning H.R. 5664, the LIFT Act. I ap- States diplomatic and consular post the LIFT Act continues that legacy for preciate your willingness to work coopera- number of visa applications denied during this committee. Madam Speaker, I thank my good tively on this legislation. the previous calendar year with respect to I acknowledge that provisions of the bill which the basis for such denial, included friend and the ranking member of the fall within the jurisdiction of the House grounds related to human trafficking (as committee, Mr. MCCAUL, for authoring Committee on the Judiciary under House such term is defined in section 103 of the this bill, and Mr. SMITH for his leader- Rule X, and that your Committee will forgo Trafficking Victims Protection Act of 2000 ship on this issue for over two decades. action on H.R. 5664 to expedite floor consid- (22 U.S.C. 7102) (as amended by section 5(b))). In 2000, President Clinton signed into eration. I further acknowledge that the inac- (b) ANNUAL REPORT.—Beginning with the law the Victims of Trafficking and Vio- tion of your Committee with respect to the first annual anti-trafficking report required bill does not waive any future jurisdictional under subsection (b)(1) of section 110 of the lence Prevention Act, now hailed as the most comprehensive legislation on claim over the matters contained in the bill Trafficking Victims Protection Act of 2000 that fall within your jurisdiction. I will also (22 U.S.C. 7107; enacted as division A of the human trafficking to date. That land- support the appointment of Committee on Victims of Trafficking and Violence Protec- mark piece of legislation came out of the Judiciary conferees during any House- tion Act of 2000) that is submitted after the the Foreign Affairs Committee and was Senate conference convened on this legisla- date of the enactment of this Act and con- authored by our colleague, CHRIS tion. current with each such subsequent submis- SMITH. Lastly, I will ensure that our exchange of sion for the following seven years, the Sec- That legislation gave the State De- letters is included in the Congressional retary of State shall submit to the relevant partment the responsibility of drafting Record during floor consideration of the bill. congressional committees a report that con- the annual Trafficking Report, which Thank you again for your cooperation re- tains information relating to the number garding the legislation. I look forward to and the locations of United States visa deni- has been a critical resource in pushing continuing to work with you as the measure als based, in whole or in part, on grounds re- countries to take action to combat moves through the legislative process. lated to human trafficking (as such term is human trafficking. Sincerely, defined in section 103 of the Trafficking Vic- The bill before us ensures that the ELIOT L. ENGEL, tims Protection Act of 2000 (22 U.S.C. 7102) State Department has adequate time Chairman. (as amended by section 5(b))) during the pe- to prepare the annual Trafficking Re- Mr. MCCAUL. Madam Speaker, I riod covered by each such annual anti-traf- port. It streamlines data sharing ficking report. yield myself as much time as I may among bureaus on visa denials for consume. SEC. 7. DEFINITIONS. human traffickers and engages traf- Madam Speaker, the trafficking of In this Act: ficking survivors in our policymaking people, whether for sexual exploitation (1) LOCATIONS OF UNITED STATES VISA DENI- process. or forced labor, is an affront to human ALS.—The term ‘‘location of United States visa denials’’ means— We must continue to fight modern- dignity. It is, as the gentleman from (A) the United States diplomatic or con- day slavery and work to enact legisla- Texas said, a modern-day form of slav- sular post at which a denied United States tion that brings us to a brighter future ery that oppresses nearly 25 million visa application was adjudicated; and free of this horrific injustice. Today’s people around the world, including
VerDate Sep 11 2014 07:04 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.024 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4676 CONGRESSIONAL RECORD — HOUSE September 22, 2020 right here in the United States and in Madam Speaker, the evil of slavery through its insurance of thorough prep- my home State of Texas. was abolished in this country many aration of the State Department’s A few years ago, a mother from Katy, years ago. We are still living up to the Trafficking in Persons Report. In these Texas, in my district, reached out to principles of our Founding Fathers times of hyper-partisanship, combating me with one request: ‘‘Please help me that all men are created equal. We are human trafficking is a worldwide bring my daughter home, my daughter, still bringing this country to racial and scourge on societies that we should, we Courtney.’’ social justice. It is still something we can, and we do tackle in a bipartisan Courtney was a junior in high school. strive for. We must end this form of fashion here. She was on the swim team and at- human slavery today, and this bill is a In order to combat human traf- tended church regularly. She was start. ficking, we must all continue to work groomed, unfortunately, by traffickers. We have a lot more work to do but together. She was groomed at her high school. the numbers are very perplexing. In I will, and I encourage all others to Many parents think, ‘‘This can’t hap- fact, the numbers are very disturbing, support the LIFT Act. pen to my child,’’ and not in suburbia the numbers of young children, both Mr. CASTRO of Texas. Madam in Houston, but just ask Courtney’s little girls and boys, who are swept up Speaker, I reserve the balance of my family that question. into this awful system. time. The traffickers embedded themselves I have worked most of my life as a Mr. MCCAUL. Madam Speaker, I am in the high school. They operated Federal prosecutor on these issues and prepared to close, and I yield myself through Courtney’s classmates. Like now in Congress. I put the worst of the such time as I may consume. leeches, they latched onto Courtney’s worst behind bars for these crimes Madam Speaker, in 2002, I formed the vulnerabilities, and they used them where they deserve to spend a very Internet Crimes Against Children unit against her. It was then that she was long time in our prison system. They in the attorney general’s office in the swept up into this nightmare and used are the lowest of the low. State of Texas to stop internet traf- like property. So with this bill today, we renew and ficking and stop the exploitation of We may expect things like this out of strengthen our commitment to stand children online. foreign countries, but not in our back- with the exploited and the children Since that day, we have put thou- yards. against their oppressors. sands behind bars. This is a worldwide Thankfully, after several months of Madam Speaker, I reserve the bal- scourge. It happens on an international work with law enforcement, Courtney ance of my time. level. returned home to her family. I was Mr. CASTRO of Texas. Madam But what is, again, most disturbing, there when she came home. She had Speaker, I reserve the balance of my is it is happening now in our back- battle scars. She had lost so much time. yards. It is happening in suburbia weight. She had just about died. It was Mr. MCCAUL. Madam Speaker, I America. quite a reunion with a mother and fa- yield 4 minutes to the gentleman from A case like Courtney’s is so compel- ther and their daughter who had been Florida (Mr. YOHO). ling because you never thought it gone for almost 2 years. Mr. YOHO. Madam Speaker, I would would be possible in a town like Katy, She now dedicates her time to raising like to commend Chairmen MCCAUL, Texas, but it happens, and it is hap- awareness and educating others on the ENGEL, and my colleague Mr. CASTRO pening all over this Nation. The num- signs of human trafficking. Her work for bringing up this strong bipartisan bers from the FBI are revealing and it earned her a spot on the U.S. Advisory bill. is an industry. It is a sick industry Council on Human Trafficking. I can- Human trafficking is an issue which that is run by businessmen; that is run not be more proud of her work and her is still alive and well today, unfortu- by lawyers, an industry that exploits inspiration to me and her contribu- nately. It is modern-day slavery. our children. tions to the council. The International Labour Organiza- I have talked to many veterans with It is because of survivors like Court- tion estimates that there are 40.3 mil- PTSD, but I can’t imagine the post- ney and the countless others that lion victims of human trafficking traumatic stress of a victim of human Chairman ENGEL and I introduced the worldwide today. The global human trafficking who has been violated over LIFT Act to continue our committee’s trafficking market is estimated to be a and over and over again, offending the 20-year commitment to combating $150 billion per year industry, and I deepest ounce of human dignity where human trafficking. hate to call it an industry. The profits there is no dignity left, where they had b 1330 from these nefarious and heinous acts to put their mind in such a place—al- The LIFT Act will help our law en- only go to fund corrupt governments most like Stockholm syndrome—where forcement officers and diplomatic offi- and organizations to rain more terror, they can survive the horrors that they cials communicate better so we can pain, organ harvesting, and suffering are living in day in and day out. then root out more human traffickers on the world’s most vulnerable popu- Madam Speaker, this has to stop. and bring them to justice. lations. This bill will help, but this Congress I was surprised to find out that when As of 2020, the Counter Trafficking and the next Congress, we really need someone applies for a visa at an em- Data Collaborative shows globally to ramp up our efforts to take this bassy or a consulate and they are de- 108,613 individual cases of human traf- issue square on, to put these monsters nied on human trafficking grounds, ficking; 164 countries of exploitation; out of their business and say they are that that information is not currently and 175 nationalities. closed forever, and to put them behind given to our law enforcement officers, The LIFT Act will ensure adequate bars for a very, very long time. to the FBI. time for preparation of the State De- Madam Speaker, I would like to The LIFT Act also gives a voice to partment’s annual Trafficking in Per- thank many in my district who have survivors of human trafficking so that sons Report. It will also require timely worked hard on this issue: Houston 20’s brave people like Courtney will remain provisions on information to the State Jenn Hohman, and Austin 20’s Lisa a central part of the policy discussion. Department on the number and loca- Knapp. These women are warriors for By reauthorizing the survivor-led tion of visa denials based wholly or the cause against human trafficking. I U.S. Advisory Council on Human Traf- partially on grounds related to human also want to thank the Harris County ficking through 2025, which is what this trafficking. human trafficking task force for their bill does, we are empowering survivors One of the greatest challenges in de- great work on this effort. They are and sharpening our tools to counter veloping targeted counter-traffic re- truly one of the models for the Nation. traffickers. sponses and measuring their impact is When the officials from Homeland I am very grateful for the support the lack of reliable, high-quality data Security came down from the Blue this bill has received from the Alliance related to the scale of human traf- Campaign, they told me this is one of to End Slavery and Trafficking, and ficking and the profile of the victims. the most effective operations we have the U.S. Conference of Catholic The LIFT Act will help to provide seen in the United States, and it is a Bishops. this global data on human trafficking model for the Nation.
VerDate Sep 11 2014 10:41 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.055 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4677 Madam Speaker, I urge my col- (2) update each internet website of the De- She received the Medal of Honor in leagues to support this meaningful, partment of Veterans Affairs and other elec- 1866 for her service to the U.S. Army necessary legislation, and I yield back tronic references that use a previous mission throughout the American Civil War. the balance of my time. statement. The current VA mission statement, a (c) GUIDANCE.—Not later than 30 days after Mr. CASTRO of Texas. Madam the date of the enactment of the this Act, line from President Lincoln’s second Speaker, I yield myself such time as I the Secretary shall develop and issue guid- inaugural address delivered in 1865, may consume for the purpose of clos- ance to all elements of the Department re- uses only male pronouns and excludes ing. garding the mission statement of the Depart- women and lesbian, gay, bisexual, Combating human trafficking is a ment as specified in subsection (d) of section transgender, and queer veterans, as global challenge, and we are proud of 301 of title 38, United States Code, as added well as the diversity of their families, the State Department’s critical role in by subsection (a) of this section. The guid- caregivers and survivors. that effort. This legislation will ensure ance shall include the following: For years, this committee has heard (1) A notification explaining the mission that the Department has the tools and statement. from veterans and their supporters resources necessary to counter these (2) Instructions and a timeline for updating that both the gender-exclusive motto heinous human rights abuses. all previous mission statement references at and the VA’s refusal to changes it are I would like to thank the ranking each such element. reflective of a culture that does not member, Mr. MCCAUL, for his work on (3) A method to monitor and evaluate the prioritize or value them. compliance by facilities of the Department this important issue. This is a strong b 1345 bill that I am pleased to support, and I with the guidance, including a reporting urge my colleagues, Democrat and Re- mechanism for such facilities to report back The current model was unilaterally to the Secretary on the progress made in up- selected by the Administrator of what publican, to do the same. dating all non-electronic mission statement Madam Speaker, I yield back the bal- was then the Veterans Administration references. in 1959. ance of my time. (4) Any other information that the Sec- The SPEAKER pro tempore. The retary determines necessary to ensure time- By passing this bill to create a new question is on the motion offered by ly compliance with the guidance. mission statement, we are dem- the gentleman from Texas (Mr. CAS- (d) REPORT.—Not later than 180 days after onstrating the will of the American the date of the enactment of this Act, the TRO) that the House suspend the rules people for VA’s motto to be inclusive. Secretary shall submit to Congress a report and pass the bill, H.R. 5664, as amend- In the original context, President Lin- containing a review and assessment of the coln expressed an intent of inclusion ed. progress of each element of the Department The question was taken. and an obligation to care for all who in complying with the guidance under sub- had endured conflict. The SPEAKER pro tempore. In the section (c), including— opinion of the Chair, two-thirds being (1) any reasons explaining why an element Madam Speaker, H.R. 3010 both hon- in the affirmative, the ayes have it. of the Department has failed to implement ors the original spirit of President Lin- Mr. MCCAUL. Madam Speaker, on the guidance; and coln’s words while reflecting the full that I demand the yeas and nays. (2) a plan to address any such failure to im- scope of VA’s mission and whom they plement the guidance and ensure that each The SPEAKER pro tempore. Pursu- must serve. As Dr. Mary Walker said: element of the Department fully implements ‘‘Let the generations know that women ant to section 3 of House Resolution and complies with the guidance. 965, the yeas and nays are ordered. in uniform also guaranteed their free- The SPEAKER pro tempore. Pursu- Pursuant to clause 8 of rule XX, fur- dom.’’ ant to the rule, the gentleman from ther proceedings on this motion are I, again, thank Miss RICE from the California (Mr. TAKANO) and the gen- postponed. State of New York for sponsoring this tleman from Tennessee (Mr. DAVID P. bill and for her tireless work on behalf f ROE) each will control 20 minutes. of America’s veterans, their families, HONORING ALL VETERANS ACT The Chair recognizes the gentleman caregivers, and survivors. Mr. TAKANO. Madam Speaker, I from California. I thank Dr. ROE and the minority move to suspend the rules and pass the GENERAL LEAVE Members who made bringing this bill bill (H.R. 3010) to amend title 38, Mr. TAKANO. Madam Speaker, I ask to the floor a fully bipartisan effort, United States Code, to establish a mis- unanimous consent that all Members and I hope the Senate will take this on sion statement of the Department of may have 5 legislative days in which to swiftly so that it will pass into law be- Veterans Affairs. revise and extend their remarks and to fore the end of the 116th Congress. The Clerk read the title of the bill. insert extraneous material on H.R. Madam Speaker, I reserve the bal- The text of the bill is as follows: 3010. ance of my time. Mr. DAVID P. ROE of Tennessee. H.R. 3010 The SPEAKER pro tempore. Is there objection to the request of the gen- Madam Speaker, I yield myself such Be it enacted by the Senate and House of Rep- time as I may consume. resentatives of the United States of America in tleman from California? Congress assembled, There was no objection. Madam Speaker, I rise today in sup- SECTION 1. SHORT TITLE. Mr. TAKANO. Madam Speaker, I port of H.R. 3010, the Honoring All Vet- This Act may be cited as the ‘‘Honoring yield myself such time as I may con- erans Act, which is sponsored by my All Veterans Act’’. sume. friend, Congresswoman KATHLEEN RICE SEC. 2. MISSION STATEMENT OF DEPARTMENT Madam Speaker, H.R. 3010 establishes from New York. OF VETERANS AFFAIRS. an inclusive VA mission statement or This bill would establish a mission (a) REQUIRED MISSION STATEMENT.—Section motto as follows: ‘‘To fulfill President statement in the statute for the De- 301 of title 38, United States Code, is amend- Lincoln’s promise to care for those partment of Veterans Affairs. That ed by adding at the end the following new ‘who shall have borne the battle’ and mission statement would read: ‘‘To ful- subsection: for their families, caregivers, and sur- fill President Lincoln’s promise to care ‘‘(d) The mission statement of the Depart- vivors.’’ Congresswoman RICE intro- for those ‘who shall have borne the bat- ment shall be as follows: ‘To fulfill President Lincoln’s promise to care for those ‘‘who duced this bill to establish a model at tle’ and for their families, caregivers, shall have borne the battle’’ and for their VA that includes all who VA is man- and survivors.’’ families, caregivers, and survivors.’.’’. dated to serve. This is in homage to President Lin- (b) NOTIFICATION.—Not later than 30 days Since its creation in 1861, only one coln’s immortal words in his second in- after the date of the enactment of this Act, woman, Dr. Mary Walker, has received augural address, which state, in full: the Secretary of Veterans Affairs shall— the Medal of Honor. Her citation recog- ‘‘With malice toward none; with char- (1) publish in the Federal Register and on nized her for devoting ‘‘herself with ity for all; with firmness in the right, the internet website of the Department of much patriotic zeal to the sick and as God gives us to see the right, let us Veterans Affairs a notification explaining the mission statement of the Department as wounded soldiers, both in the field and strive on to finish the work we are in; specified in subsection (d) of section 301 of in hospitals, to the detriment of her to bind up the Nation’s wounds; to care title 38, United States Code, as added by sub- own health,’’ and enduring ‘‘hardships for him who shall have borne the bat- section (a) of this section; and as a prisoner of war.’’ tle, and for his widow, and his orphan,
VerDate Sep 11 2014 08:00 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.057 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4678 CONGRESSIONAL RECORD — HOUSE September 22, 2020 to do all which may achieve and cher- That is why we must make this The Clerk read the title of the bill. ish a just and lasting peace among our- change. We need a VA motto that prop- The text of the bill is as follows: selves and with all nations.’’ erly recognizes and honors the service H.R. 4908 Those words, which were delivered in of all veterans, regardless of their gen- Be it enacted by the Senate and House of Rep- 1865, remain some of the most impor- der or sexual orientation. resentatives of the United States of America in tant in our country’s history, and they Changing the motto won’t solve Congress assembled, continue to reverberate even now. every issue facing women and LGBT SECTION 1. SHORT TITLE. For one, they inspired the creation of veterans, of course, but it is a start, This Act may be cited as the ‘‘Native Amer- the Department of Veterans Affairs as and it is the right thing to do. It would ican Veteran Parity in Access to Care Today we know it. That is why VA has been say in no uncertain terms that all vet- Act’’ or ‘‘Native American PACT Act’’. using them as a motto since 1959. How- erans are seen equally in the eyes of SEC. 2. PROHIBITION ON COLLECTION OF A ever, in the last several years, veterans the agency that exists solely to serve HEALTH CARE COPAYMENT BY THE service organizations and others have SECRETARY OF VETERANS AFFAIRS them. FROM A VETERAN WHO IS A MEMBER rightly noted that the use of the male I want to thank Chairman TAKANO OF AN INDIAN TRIBE. pronoun in President Lincoln’s state- for his support for me getting this bill (a) IN GENERAL.—Section 1730A of title 38, ment can inadvertently ostracize the to where it is today. And it is simply United States Code, is amended— increasing number of women in the that, as Chairman TAKANO said, we (1) in the heading, by striking ‘‘catastroph- military and veteran communities. would not be here if it were not for the ically disabled’’ and inserting ‘‘certain’’; (2) by inserting ‘‘(a) PROHIBITION.—’’ before Women are the fastest growing co- ranking member, Dr. ROE. I want to hort of servicemembers and veterans. ‘‘Notwithstanding’’; thank him personally so much for sup- (3) by striking ‘‘a veteran who is catastroph- They play critical roles in the battle- porting this bill and for helping to field and in the VA healthcare system ically disabled, as defined by the Secretary,’’ bring it to the floor today. and inserting ‘‘a covered veteran’’; and where their numbers have tripled in I also want to thank my Republican (4) by adding at the end the following new the last two decades alone. VA has colead, Representative BRIAN MAST, subsection: made great strides in the last few years the Iraq and Afghanistan Veterans of ‘‘(b) COVERED VETERAN DEFINED.—In this sec- with respect to improving care for America, and all the veterans whom I tion, the term ‘covered veteran’ means a veteran women and, as a result, women vet- have heard from in support of this bill. who— erans now express greater trust in VA ‘‘(1) is catastrophically disabled, as defined by Madam Speaker, I urge my col- the Secretary; or than ever before. leagues to vote for the Honoring All Enacting the Honoring All Veterans ‘‘(2) is an Indian or urban Indian, as those Veterans Act today. It is time every Act would go one step further in mak- terms are defined in section 4 of the Indian veteran who served our country re- ing VA a more inclusive and welcoming Health Care Improvement Act (Public Law 94– ceives the respect and recognition they 437; 25 U.S.C. 1603).’’. place of care for them and future gen- deserve. (b) TECHNICAL AMENDMENT.—The table of sec- erations of veterans, whoever they may Mr. DAVID P. ROE of Tennessee. tions at the beginning of chapter 17 of such title be, while preserving in statute the spir- Madam Speaker, in closing, I appre- is amended by striking the item relating to sec- it of President Lincoln’s charge to for- tion 1730A and inserting the following: ciate the opportunity to be here, and I ever honor and care for those who have ‘‘1730A. Prohibition on collection of copayments appreciate Congresswoman RICE’s and served. from certain veterans.’’. The bill would also be more inclusive the chairman’s leadership on this. It seems to me it is past time to do (c) DELAYED EFFECTIVE DATE.—The amend- of many caregivers, survivors, and fam- ments made by this section shall take effect on ily members of veterans who are vi- this. It is the right thing to do. I en- the day that is one year after the date of the en- tally important sources of ongoing love courage my colleagues to support that, actment of this Act. and I yield back the balance of my and support of veterans in need across The SPEAKER pro tempore. Pursu- time. the country. ant to the rule, the gentleman from Mr. TAKANO. Madam Speaker, I Madam Speaker, I appreciate Con- California (Mr. TAKANO) and the gen- thank H.R. 3010’s sponsor, Representa- gresswoman RICE’s leadership on this tleman from Tennessee (Mr. DAVID P. tive KATHLEEN RICE from New York. It bill. I am proud to sponsor it and sup- ROE) each will control 20 minutes. is long past due for us to recognize the port it today, and I reserve the balance The Chair recognizes the gentleman contributions of all veterans, regard- of my time. from California. Mr. TAKANO. Madam Speaker, I less of gender, sexual orientation, or yield 5 minutes to the gentlewoman gender identity. GENERAL LEAVE from New York (Miss RICE), who is my Madam Speaker, I urge my col- Mr. TAKANO. Madam Speaker, I ask good friend and who is the sponsor of leagues to vote in favor of H.R. 3010, unanimous consent that all Members H.R. 3010. and I yield back the balance of my have 5 legislative days in which to re- Miss RICE of New York. Madam time. vise and extend their remarks and in- Speaker, I rise today in support of my The SPEAKER pro tempore. The sert extraneous material on H.R. 3908, bipartisan bill, the Honoring All Vet- question is on the motion offered by as amended. erans Act. the gentleman from California (Mr. The SPEAKER pro tempore. Is there This bill would finally require the TAKANO) that the House suspend the objection to the request of the gen- Department of Veterans Affairs to re- rules and pass the bill, H.R. 3010. tleman from California? place its outdated motto with a more The question was taken; and (two- There was no objection. inclusive statement. The words of the thirds being in the affirmative) the Mr. TAKANO. Madam Speaker, I original motto would be updated to rules were suspended and the bill was yield myself such time as I may con- read: ‘‘To fulfill President Lincoln’s passed. sume. promise to care for those ‘who shall A motion to reconsider was laid on Madam Speaker, I rise in support of have borne the battle’ and for their the table. H.R. 4908, as amended, the Native families, caregivers, and survivors.’’ f American PACT Act. For far too long, the VA’s gender-ex- The Federal Government has a legal clusive motto hasn’t properly acknowl- NATIVE AMERICAN VETERAN PAR- and moral obligation to uphold its edged the service of women and LGBT ITY IN ACCESS TO CARE TODAY treaty obligations to Tribal nations, veterans. This is simply wrong, and it ACT which include the provision of is long overdue that we change it. Mr. TAKANO. Madam Speaker, I healthcare. Our responsibility to en- Women and LGBT servicemembers move to suspend the rules and pass the sure care is compounded when Amer- have sacrificed so much for our coun- bill (H.R. 4908) to amend title 38, ican Indians and Alaska Natives serve try. They have always answered the United States Code, to prohibit the col- this country in uniform. call of duty, and they should know that lection of a health care copayment by While largely provided by the Indian we are just as grateful for their service the Secretary of Veterans Affairs from Health Service and Tribal Health Pro- and sacrifice as we are for anyone who a veteran who is a member of an Indian grams, the healthcare obligations of serves this country. tribe, as amended. the United States do not start and stop
VerDate Sep 11 2014 08:00 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.060 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4679 with one agency. For decades, VA has Madam Speaker, I encourage all of tleman from Tennessee (Mr. DAVID P. not recognized the unique status of Na- my colleagues to support this bill, and ROE) each will control 20 minutes. tive veterans and has charged them I yield back the balance of my time. The Chair recognizes the gentleman copays for care provided at VA. Mr. TAKANO. Madam Speaker, I too from California. For far too many Native Americans, ask all of my colleagues to join me in GENERAL LEAVE particularly those in rural areas, the passing H.R. 4908, as amended, and I Mr. TAKANO. Madam Speaker, I ask copay burden is a barrier to care. These yield back the balance of my time. unanimous consent that all Members veterans, who may be unable to access The SPEAKER pro tempore. The may have 5 legislative days in which to specialty care from their Tribal health question is on the motion offered by revise and extend their remarks and to systems, are then unable to access VA the gentleman from California (Mr. insert extraneous material on H.R. due to cost. TAKANO) that the House suspend the 6589. Eliminating the copay burden is a rules and pass the bill, H.R. 4908, as step toward upholding the treaties be- amended. The SPEAKER pro tempore. Is there tween the United States and Tribal na- The question was taken; and (two- objection to the request of the gen- tions while also bringing immediate re- thirds being in the affirmative) the tleman from California? lief to veterans unable to access care rules were suspended and the bill, as There was no objection. during these distressing times. amended, was passed. Mr. TAKANO. Madam Speaker, I Madam Speaker, I want to thank A motion to reconsider was laid on yield myself such time as I may con- Congressman GALLEGO for his steadfast the table. sume. leadership on this issue. I encourage all f Madam Speaker, I rise in support of of my colleagues to support H.R. 4908, H.R. 6589, the CFO Authority and Col- as amended, and I reserve the balance b 1400 laboration Act of 2020, which addresses of my time. CFO AUTHORITY AND the sometimes arcane but also very im- Mr. DAVID P. ROE of Tennessee. COLLABORATION ACT OF 2020 portant need for strong financial man- Madam Speaker, I yield myself such agement and accountability at the De- time as I may consume. Mr. TAKANO. Madam Speaker, I partment of Veterans Affairs. move to suspend the rules and pass the Madam Speaker, I rise today in sup- Madam Speaker, each year, VA bill (H.R. 6589) to direct the Secretary port of H.R. 4908, the Native American spends billions of dollars in support of of Veterans Affairs to develop and sub- Veteran Parity in Access to Care our Nation’s veterans. Taxpayers de- mit to Congress a plan to address the Today Act, or PACT Act. serve to know that each dollar is spent material weakness of the Department The care that the Department of Vet- wisely and that each dollar is properly of Veterans Affairs, and for other pur- erans Affairs provides to veterans for accounted for in order to avoid waste, poses. conditions that are related to military fraud, and abuse. service are always provided at no cost The SPEAKER pro tempore. Does the gentleman call for the bill, as amend- Madam Speaker, the VA inspector to the veteran. Veterans being cared general has determined what is called a for by VA for conditions that are unre- ed? Mr. TAKANO. I am checking. I do ‘‘material weakness’’ in how the Office lated to their military service may be of the Chief Financial Officer is struc- charged a copayment to offset the cost not have ‘‘as amended.’’ Madam Speak- er, I stand by the motion that I made tured. This was a topic examined dur- of care and encourage appropriate use ing hearings and through oversight by of the VA healthcare system. that we suspend the rules and pass H.R. 6589. our Subcommittee on Oversight and In- According to the Government Ac- vestigations. countability Office and the National The SPEAKER pro tempore. The Mrs. LEE’s legislation requires a Council of American Indians, approxi- Clerk will report the title of the bill. small but important fix to ensure mately one-third of American Indian The Clerk read the title of the bill. strong financial accountability. I and Alaska Native veterans were The text of the bill is as follows: thank Mrs. LEE for sponsoring this bi- charged copayments from VA in fiscal H.R. 6589 partisan legislation, and I urge my col- year 2017. Those copayments averaged Be it enacted by the Senate and House of Rep- leagues to support H.R. 6589. just under $300 per veteran. resentatives of the United States of America in However, almost a century ago, Con- Congress assembled, Madam Speaker, I wish to, at this gress passed the Snyder Act, which SECTION 1. SHORT TITLE. point, withdraw the motion. guaranteed healthcare to Native Amer- This Act may be cited as the ‘‘CFO Author- The SPEAKER pro tempore. The mo- icans free of charge. In recognition of ity and Collaboration Act of 2020’’. tion is withdrawn. that, the Native American PACT Act SEC. 2. PLAN TO ADDRESS MATERIAL WEAKNESS would prohibit VA from charging co- OF DEPARTMENT OF VETERANS AF- f FAIRS. payments to Native American veterans Not later than 180 days after the date of regardless of whether the care they re- the enactment of this Act, the Secretary of DEPARTMENT OF VETERANS AF- ceive from the VA is for a service-con- Veterans Affairs shall— FAIRS CHIEF FINANCIAL OFFI- nected condition or not. (1) develop a plan, including steps and re- CER AUTHORITY AND COLLABO- There is no ethnic group that volun- lated timelines, for fully addressing— RATION ACT OF 2020 teers to defend the United States in (A) the repeated material weakness of the uniform at a higher rate than Native Department of Veterans Affairs; and Mr. TAKANO. Madam Speaker, I Americans whose history of service to (B) the recommendations of the auditor re- move to suspend the rules and pass the lated to entity level controls, including the this country dates back to the Revolu- bill (H.R. 6589) to direct the Secretary organizational structure of the office of the of Veterans Affairs to develop and sub- tionary War. This bill would increase Chief Financial Officer of the Department; access to care for those brave veterans mit to Congress a plan to address the and material weakness of the Department and create parity between the care pro- (2) submit to the Committees on Veterans’ of Veterans Affairs, and for other pur- vided to them through the VA, the Affairs of the Senate and the House of Rep- Centers for Medicare and Medicaid resentatives a report containing a descrip- poses, as amended. Services, and the Indian Health Serv- tion of— The Clerk read the title of the bill. ice. It would also uphold the United (A) the plan developed under paragraph (1); The text of the bill is as follows: and H.R. 6589 States Government’s longstanding (B) the steps the Secretary plans to take to trust and treaty responsibilities to the provide sufficient authority to the Chief Fi- Be it enacted by the Senate and House of Rep- Native American community. nancial Officer of the Department to carry resentatives of the United States of America in The Native American PACT Act is out the requirements of section 902 of title Congress assembled, sponsored by my colleague and fellow 31, United States Code. SECTION 1. SHORT TITLE. veteran, Congressman RUBEN GALLEGO The SPEAKER pro tempore. Pursu- This Act may be cited as the ‘‘Department of from Arizona. I am glad to stand with ant to the rule, the gentleman from Veterans Affairs Chief Financial Officer Au- him in support of its passage today. California (Mr. TAKANO) and the gen- thority and Collaboration Act of 2020’’.
VerDate Sep 11 2014 22:22 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\RECORD20\SEPTEMBER\H22SE0.REC H22SE0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE H4680 CONGRESSIONAL RECORD — HOUSE September 22, 2020 SEC. 2. PLANS FOR ADDRESSING MATERIAL officers of organizational subdivisions rep- Mr. DAVID P. ROE of Tennessee. Mr. WEAKNESSES AND PROVIDING SUF- resenting business lines within the Veterans Speaker, I yield myself such time as I FICIENT AUTHORITY TO CHIEF FI- Benefits Administration; may consume. NANCIAL OFFICER OF DEPARTMENT (iii) the chief financial officer of the National OF VETERANS AFFAIRS. Mr. Speaker, I encourage all of my Not later than 180 days after the date of the Cemetery Administration; and colleagues to support this bill, and I (iv) the chief financial officer of the Office of enactment of this Act, and annually thereafter yield back the balance of my time. for each of the three subsequent years, the Sec- Information and Technology; and (B) does not include the Inspector General. Mr. TAKANO. Mr. Speaker, I yield retary of Veterans Affairs, acting through the myself such time as I may consume. Chief Financial Officer of the Department of The SPEAKER pro tempore. Pursu- Mr. Speaker, I thank Mrs. LEE and Veterans Affairs, shall submit to the appropriate ant to the rule, the gentleman from Dr. ROE for helping me bring this legis- congressional committees— California (Mr. TAKANO) and the gen- (1) an action plan, including steps, related lation to the floor. I ask all of my col- tleman from Tennessee (Mr. DAVID P. timelines, costs, progress, status of implementa- leagues to join me in passing this very tion, and any updates for fully addressing the ROE) each will control 20 minutes. important piece of legislation, H.R. material weaknesses of the Department dis- The Chair recognizes the gentleman 6589. cussed in the Management’s Discussion and from California. Mr. Speaker, I yield back the balance Analysis section of the financial statements of GENERAL LEAVE of my time. the Department submitted to Congress under Mr. TAKANO. Madam Speaker, I ask The SPEAKER pro tempore (Mr. section 3515 of title 31, United States Code for unanimous consent that the comments CLEAVER). The question is on the mo- the year preceding the year during which the that I made on my previous motion tion offered by the gentleman from report is submitted; and California (Mr. TAKANO) that the House (2) a plan outlining the steps the Secretary that I withdrew be inserted in the plans to take to address the recommendations of RECORD in conjunction with my motion suspend the rules and pass the bill, auditors related to entity-level internal controls to pass H.R. 6589, as amended. H.R. 6589, as amended. The question was taken; and (two- and to provide sufficient authority to the Chief The SPEAKER pro tempore. Is there thirds being in the affirmative) the Financial Officer of the Department to carry objection to the request of the gen- rules were suspended and the bill, as out the requirements of section 902 of title 31, tleman from California? United States Code. amended, was passed. There was no objection. SEC. 3. CHIEF FINANCIAL OFFICER ATTESTATION. A motion to reconsider was laid on Concurrent with the submittal to Congress of Mr. TAKANO. Madam Speaker, I re- the table. serve the balance of my time. the President’s budget request under section f 1105 of title 31, United States Code, for fiscal Mr. DAVID P. ROE of Tennessee. year 2022 and each of the next three subsequent Madam Speaker, I yield myself such VA MISSION TELEHEALTH fiscal years, the Chief Financial Officer of the time as I may consume. CLARIFICATION ACT Department of Veterans affairs shall submit to Madam Speaker, I rise today in sup- Mr. TAKANO. Mr. Speaker, I move to the appropriate congressional committees each port of H.R. 6589, the VA Chief Finan- suspend the rules and pass the bill of the following: (1) A certification of the responsibility of the cial Officer Authority and Collabora- (H.R. 3228) to amend title 38, United Chief Financial Officer for internal financial tion Act. States Code, to authorize health pro- controls of the Department. Each year, the Department of Vet- fessional trainees to provide treatment (2) An attestation that the Chief Financial erans Affairs manages to pass its finan- via telemedicine, and for other pur- Officer has collaborated sufficiently with the cial statement audit despite a number poses, as amended. subordinate chief financial officers of the De- of persistent material weaknesses in The Clerk read the title of the bill. partment to be confident in the financial projec- what appears to be a stalemate. VA The text of the bill is as follows: tions included the budget request and sup- H.R. 3228 porting materials. never quite loses its unqualified audit opinion but never materially improves Be it enacted by the Senate and House of Rep- SEC. 4. CHIEF FINANCIAL OFFICER RESPONSI- resentatives of the United States of America in BILITY FOR SUBORDINATE CHIEF FI- either. We should expect more, espe- NANCIAL OFFICERS. cially with VA’s budget approaching Congress assembled, (a) IN GENERAL.—In accordance with the re- $250 billion and its total liabilities SECTION 1. SHORT TITLE. sponsibilities of the Chief Financial Officer of This Act may be cited as the ‘‘VA Mission reaching near $3.3 trillion. Telehealth Clarification Act’’. the Department of Veterans Affairs for the re- Madam Speaker, I thank Congress- cruitment, selection, and training of personnel SEC. 2. LICENSURE OF HEALTH CARE PROFES- to carry out agency financial management func- woman SUSIE LEE from Nevada and SIONALS PROVIDING TREATMENT tions pursuant to section 902(a)(5)(C) of title 31, General JACK BERGMAN from Michigan VIA TELEMEDICINE. Section 1730C(b) of title 38, United States United States Code, the Chief Financial Officer for sponsoring this bill to address the Code, is amended to read as follows: or the designee of the Chief Financial Officer root cause of the problem, the VA’s ‘‘(b) COVERED HEALTH CARE PROFES- within the Office of Management of the Depart- Chief Financial Officer’s lack of oper- SIONALS.—For purposes of this section, a cov- ment shall— ational authority over the dozens of ered health care professional is any of the (1) participate in the interview and selection lower level chief financial officers following individuals: panels of all subordinate chief financial officers; ‘‘(1) A health care professional who— and throughout VA. ‘‘(A) is an employee of the Department ap- (2) give input into the performance plans and This bill would direct VA to develop pointed under section 7306, 7401, 7405, 7406, or performance evaluations of all subordinate chief a detailed action plan to resolve mate- 7408 of this title, or under title 5; financial officers. rial weaknesses and require VA’s Chief ‘‘(B) is authorized by the Secretary to pro- (b) TERMINATION.—The requirements under Financial Officer to attest to the De- subsection (a) shall terminate on the date that vide health care under this chapter; partment’s financial projections and ‘‘(C) is required to adhere to all standards is five years after the date of the enactment of internal controls in VA’s annual budg- this Act. for quality relating to the provision of et submission. health care in accordance with applicable SEC. 5. DEFINITIONS. policies of the Department; and In this Act: It would also strengthen VA’s Chief (1) The term ‘‘appropriate congressional com- Financial Officer’s operational author- ‘‘(D) has— mittees’’ means the Committees on Veterans’ Af- ity by involving them or their designee ‘‘(i) an active, current, full, and unre- fairs of the Senate and the House of Representa- in the hiring and performance evalua- stricted license, registration, or certification tives and the Committees on Appropriations of in a State to practice the health care profes- tions of subordinate chief financial of- sion of the health care professional; the Senate and the House of Representatives. ficers. (2) The term ‘‘subordinate chief financial offi- ‘‘(ii) qualifications prescribed by the Sec- cer’’— All of these reforms are consistent retary under section 7402(b) of this title for (A) includes— with the Chief Financial Officer Act of an appointment to a position in the Veterans (i) the chief financial officer of the Veterans 1990. Health Administration; or Health Administration, the chief financial offi- I support this legislation because it ‘‘(iii) other authorization from the Sec- cer of the Office of Community Care within the is a carefully crafted solution to an old retary to provide health care. Veterans Health Administration, and all chief problem with escalating consequences. ‘‘(2) A health professions trainee who— ‘‘(A) is appointed under section 7405 or 7406 financial officers of Veterans Integrated Service Mr. Speaker, I reserve the balance of Networks within the Veterans Health Adminis- of this title; and tration; my time. ‘‘(B) is under the clinical supervision of a (ii) the chief financial officer of the Veterans Mr. TAKANO. Mr. Speaker, I reserve health care professional described in para- Benefits Administration and all chief financial the balance of my time. graph (1).
VerDate Sep 11 2014 08:00 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.018 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4681 ‘‘(3) A health care professional who— Mr. Speaker, I rise today in support I have had the privilege of visiting ‘‘(A) is appointed to a position described in of H.R. 3228, the Department of Vet- his beautiful district, and I really ap- paragraph (1) or (3) of section 7401 of this erans Affairs Mission Telehealth Clari- preciate his work on this extremely title under— fication Act. important issue. ‘‘(i) section 7401 of this title; ‘‘(ii) section 7405 of this title; or The VA healthcare system is our Mr. CARTER of Georgia. Mr. Speak- ‘‘(iii) title 5; country’s largest integrated healthcare er, I thank the gentleman for yielding. ‘‘(B) is in the process of obtaining, within system, with responsibility for deliv- Mr. Speaker, I rise today in support a timeframe prescribed by the Secretary— ering care to approximately 7 million of the VA Mission Telehealth Clarifica- ‘‘(i) a license, registration, or certification veteran patients. The VA healthcare tion Act, which I am proud to have in- described in paragraph (1)(D)(i); system is also the country’s largest troduced. ‘‘(ii) qualifications described in paragraph provider of healthcare education, with H.R. 3228, the VA Mission Telehealth (1)(D)(ii); or responsibility for supporting the train- Clarification Act, is a simple bill that ‘‘(iii) authorization described in subpara- graph (B) or (D)(iii) of paragraph (1); and ing of approximately 45,000 medical and builds on the VA MISSION Act’s his- ‘‘(C) is under the clinical supervision of a dental residents and thousands more toric expansion of the veterans health health care professional described in para- healthcare professional trainees every system. graph (1).’’. year. I happened to be one of them One of the most significant parts of The SPEAKER pro tempore. Pursu- many years ago. the VA MISSION Act was the author- ant to the rule, the gentleman from The VA Mission Telehealth Clarifica- ization for the VA to use telehealth California (Mr. TAKANO) and the gen- tion Act would authorize VA residents and provide care across State lines. tleman from Tennessee (Mr. DAVID P. and trainees to provide care to veteran The bill began as the result of a visit I ROE) each will control 20 minutes. patients virtually using telehealth, re- had to a VA facility before the current The Chair recognizes the gentleman gardless of that resident or trainee’s pandemic, as they laid out some of the from California. State licensure, so long as they are issues they were trying to overcome. GENERAL LEAVE working under the clinical supervision But now with the COVID–19 pandemic, Mr. TAKANO. Mr. Speaker, I ask of a VA healthcare professional. we are seeing how extremely beneficial that all Members may have 5 legisla- While face-to-face visits between pa- these technologies can be for our vet- tive days in which to revise and extend tients and providers are irreplaceable erans. their remarks and to insert extraneous in many respects, telehealth is an in- In fact, the VA Medical Center in material on H.R. 3228, as amended. creasingly important tool in the deliv- Charleston, South Carolina, which The SPEAKER pro tempore. Is there ery of modern healthcare. That was serves part of my district along Geor- objection to the request of the gen- true even before the COVID–19 pan- gia’s coast, had an over 200 percent in- tleman from California? demic created a skyrocketing demand crease in telehealth medical services There was no objection. for telehealth services. during the pandemic when we spoke in Mr. TAKANO. Mr. Speaker, I yield In the MISSION Act passed last Con- May. myself such time as I may consume. gress, we authorized VA providers to Even more incredibly, the VA an- Mr. Speaker, I rise in support of H.R. provide telehealth across State lines in nounced it had a 1,000 percent increase 3228, as amended, the VA Mission Tele- an effort to increase access to tele- in telehealth video appointments using health Clarification Act. health to veteran patients, particularly its VA Video Connect Program during The John S. McCain III, Daniel K. those in rural or remote areas or for the first months of the pandemic. This Akaka, and Samuel R. Johnson VA those whose travel to a medical facil- is an extremely important ability for Maintaining Internal Systems and ity is otherwise difficult. However, the the VA to have. However, the law did Strengthening Integrated Outside Net- law inadvertently exempted VA resi- not authorize trainees within the VA works Act of 2018, or the VA MISSION dents, trainees, and certain others to use telehealth technologies, only Act, as it is more commonly known, from that authority. This bill would fix practitioners with a full license. expanded VA’s ability to provide tele- that oversight. As telehealth medicine grows in prev- health to veterans across State lines. In doing so, it would further expand alence, we need for interns, residents, The legislation before us builds on veteran access to telehealth, which has and fellows to gain experience using those enhancements by allowing been critical to ensuring continuity of these services, especially considering healthcare professionals in training to care throughout the last several that many of these trainees later go on provide tele-healthcare to veterans months. It would also ensure that the to work as doctors at the VA, bringing with clinical supervision. medical education VA provides to the with them a wealth of experience. As we have seen over the course of next generation of healthcare profes- Rather than depending on doctors to this pandemic, tele-healthcare is be- sionals includes valuable training and learn while on the job, which could coming more and more a staple of needed experience in the delivery of delay the rollout of care, this bill Americans’ healthcare experience. As care via telephone, video, and other would allow trainees to gain experience this virus will be with us for some time virtual modalities. on telehealth systems while properly to come, the value and reliance on tele- This bill is sponsored by my good supervised by credentialed VA staff. health will continue. It is critical that friend, Congressman BUDDY CARTER Mr. Speaker, I am pleased to say that during this time, VA has the authori- from Georgia. I am grateful to him for the bill was further improved through ties necessary to keep veterans healthy recognizing early on the benefits that a the committee process after input from and safe in their homes. well-rounded medical education will my colleagues in the VA. The bill will This is particularly important for have on access and quality of care for not only allow for trainees to partici- our rural and aging veterans whose ac- veterans and all Americans and work- pate in telehealth, but it will also ex- cess to in-person care was already a ing so hard to give aspiring providers pand the ability to practice telemedi- challenge. We need to do everything and others working within the VA the cine to all appropriately qualified possible to ensure veterans’ access to ability to practice telehealth across healthcare professionals at the VA, fix- safe distant care whenever it is appro- State lines, within appropriate param- ing the issue once and for all. priate. eters. While Congress intended for trainees Mr. Speaker, I thank Congressman Mr. Speaker, I urge all of my col- and others to be included from the be- CARTER for his dogged work to see vet- leagues to join me in supporting this ginning, the VA’s reading of the law erans have what they need during this bill, and I reserve the balance of my did not include them, although they time. I encourage all of my colleagues time. have expressed their desire to include to support H.R. 3228, as amended. Mr. TAKANO. Mr. Speaker, I reserve them in telehealth services. Mr. Speaker, I reserve the balance of the balance of my time. my time. Mr. DAVID P. ROE of Tennessee. Mr. b 1415 Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield 4 minutes to the gen- The VA Mission Telehealth Clarifica- Speaker, I yield myself such time as I tleman from Georgia (Mr. CARTER), my tion Act will give VA the certainty to may consume. good friend. provide essential telehealth programs
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.016 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4682 CONGRESSIONAL RECORD — HOUSE September 22, 2020 to our veterans, improving the quality I want to thank, again, the sponsor of (1) IN GENERAL.—Not later than 365 days and timeliness of their care. this legislation, and I want to urge all after the date of the enactment of this Act, Again, this is a commonsense bill of my colleagues to join me in passing the Secretary of Veterans Affairs shall es- with bipartisan support and has re- this important legislation, H.R. 3228, as tablish in the National Surgery Office of the Department of Veterans Affairs a national ceived the support from the American amended. clinical pathway for all stages of prostate Legion, Veterans of Foreign Wars, Mr. Speaker, I yield back the balance cancer, from early detection to end-of-life AMVETS, and Paralyzed Veterans of of my time. care including recommendations regarding America, among others. The SPEAKER pro tempore. The the use of transformative innovations, re- Mr. TAKANO. Mr. Speaker, I have no question is on the motion offered by search, and uniform clinical data. further speakers. I am prepared to the gentleman from California (Mr. (2) ELEMENTS.—The national clinical path- close, and I reserve the balance of my TAKANO) that the House suspend the way established under this subsection shall time. rules and pass the bill, H.R. 3228, as include the following elements: Mr. DAVID P. ROE of Tennessee. Mr. amended. (A) A multi-disciplinary plan for the early detection, diagnosis, and treatment of pros- Speaker, I yield myself the balance of The question was taken; and (two- tate cancer that includes, as appropriate, my time. thirds being in the affirmative) the both Department medical facilities and com- Mr. Speaker, I want to thank the rules were suspended and the bill, as munity-based partners and providers and re- gentleman from Georgia (Mr. CARTER), amended, was passed. search centers specializing in prostate can- my good friend who serves on the Doc- A motion to reconsider was laid on cer, especially such centers that have en- tors Caucus with me, for bringing this the table. tered into partnerships with the Depart- ment. important piece of legislation up. f Mr. Speaker, this pandemic actually (B) A suggested, but not mandatory, pro- has done one good thing, and that is to VETERAN’S PROSTATE CANCER tocol for screening, diagnosis, and treatment TREATMENT AND RESEARCH ACT or care for subpopulations with evidence- advance telehealth. Just to give you based risk factors (including race, ethnicity, some scope of this, the VA went from Mr. TAKANO. Mr. Speaker, I move to socioeconomic status, geographic location, tens of thousands of mental health vis- suspend the rules and pass the bill exposure risks, and genetic risks, including its—and we know that people have (H.R. 6092) to direct the Secretary of family history). been isolated. Certainly, many of our Veterans Affairs to establish a national (C) A suggested treatment protocol time- elderly have been confined; they can’t clinical pathway for prostate cancer, frame for each point of care based on sever- visit people. They have gone from tens access to life-saving extending preci- ity and stage of cancer. of thousands of mental health visits sion clinical trials and research, and (3) PUBLIC COMMENT PERIOD.—Upon the es- for other purposes. tablishment of a proposed clinical pathway per month to hundreds of thousands of as required under this subsection, the Sec- visits. So we are able to stay in touch The Clerk read the title of the bill. retary shall publish the proposed clinical with patients in need. The text of the bill is as follows: pathway in the Federal Register and provide I know in my own medical practice in H.R. 6092 for a 45-day period for public comments. The Tennessee, it has been extremely help- Be it enacted by the Senate and House of Rep- Secretary— ful for patients to access their physi- resentatives of the United States of America in (A) may make any such public comments cians through telehealth. I think we Congress assembled, publicly available; and are going to continue this, and I think SECTION 1. SHORT TITLE. (B) make changes to the proposed clinical pathway in response to any such comments the next Congress is going to have to This Act may be cited as the ‘‘Veteran’s Prostate Cancer Treatment and Research received using the same process and criteria address how Medicare and Medicaid Act’’. used to establish the proposed clinical path- funds these telehealth visits outside SEC. 2. FINDINGS. way. the VA, it is that important for care. Congress makes the following findings: (4) COLLABORATION AND COORDINATION.—In If you live in a rural area in rural Ap- (1) Prostate cancer is the number one can- establishing the clinical pathway required palachia like I do, the only way we are cer diagnosed in the Veterans Health Admin- under this section, the Secretary shall— going to get specialty care for our pa- istration. (A) provide for consideration of other clin- tients in need—and in many cases, in (2) A 1996 report published by the National ical pathways and research findings of other departments and agencies, including guide- our cities—is via telehealth, because Academy of Sciences, Engineering, and Med- icine established a link between prostate lines that are widely recognized and guide- these specialists are so hard to find and lines that are used as the standard for clin- there are so few of them. And espe- cancer and exposure to herbicides, such as Agent Orange. ical policy in oncology care, such as Na- cially in cases like neurology and pedi- (3) It is essential to acknowledge that due tional Comprehensive Cancer Network guide- atrics, these are very difficult people to these circumstances, certain veterans are lines; and to see. made aware that they are high-risk individ- (B) collaborate and coordinate with— So I really am appreciative of this. I uals when it comes to the potential to de- (i) the National Institutes of Health; appreciate Dr. Carter bringing it up, velop prostate cancer. (ii) the National Cancer Institute; and I certainly thank the chairman for (4) In being designated as ‘‘high risk’’, it is (iii) the National Institute on Minority Health and Health Disparities; putting this on the agenda. essential that veterans are proactive in seek- ing earlier preventative clinical services for (iv) other Institutes and Centers as the Mr. Speaker, I encourage all of my Secretary determines necessary; colleagues to support this, and I yield the early detection and successful treatment of prostate cancer, whether that be through (v) the Centers for Disease Control and back the balance of my time. the Veterans Health Administration or Prevention; Mr. TAKANO. Mr. Speaker, I yield through a community provider. (vi) the Department of Defense; myself the balance of my time. (5) Clinical preventative services and ini- (vii) the Centers for Medicare and Medicaid Mr. Speaker, I want to thank the tial detection are some of the most impor- Services; ranking member for his comments tant components in the early detection of (viii) the Patient-Centered Outcomes Re- about the VA really being a pioneer in prostate cancer for veterans at high risk of search Institute; and prostate cancer. (ix) the Food and Drug Administration. this moment, that the expansion of (5) PUBLICATION.—The Secretary shall— tele-mental health, especially, has seen (6) For veterans with prostate cancer, in- cluding prostate cancer that has metasta- (A) publish the clinical pathway estab- a logarithmic increase, and it has im- sized, precision oncology, including bio- lished under this subsection on a publicly plications for Medicare and Medicaid. I marker-driven clinical trials and innova- available Department website; and am hearing from the civilian medical tions underway through the Prostate Cancer (B) regularly update the clinical pathway sector about the need to follow the Foundation and Department of Veterans Af- as needed by review of the medical literature VA’s example. fairs partnership, represents one of the most and available evidence-based guidelines at I am very proud of the work the VA promising areas of interventions, treat- least annually, in accordance with the cri- teria under paragraph (2). has done to respond to this pandemic ments, and cures for such veterans and their moment by making sure that our vet- families. (b) DEVELOPMENT OF NATIONAL CANCER OF THE PROSTATE CLINICAL CARE IMPLEMENTA- erans, no matter where they live, have SEC. 3. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH OF TION PROGRAM.— access to medical care through tele- PROSTATE CANCER. (1) ESTABLISHMENT.—Not later than 90 days health and tele-mental health, espe- (a) ESTABLISHMENT OF CLINICAL PATH- after the date of the enactment of this Act, cially. WAY.— the Secretary shall submit to Congress a
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.071 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4683 plan to establish a comprehensive prostate The SPEAKER pro tempore. Pursu- Veterans are diagnosed with prostate cancer program. ant to the rule, the gentleman from cancer, as the chairman said, at twice (2) PROGRAM REQUIREMENTS.—The com- California (Mr. TAKANO) and the gen- the rate of the general population, prehensive prostate cancer program shall— tleman from Tennessee (Mr. DAVID P. making prostate cancer the most com- (A) be multidisciplinary and include the authority to work across clinical care lines, ROE) each will control 20 minutes. monly diagnosed cancer in male vet- specialties, and the organizational divisions The Chair recognizes the gentleman erans. An estimated one in five male of the Veterans Health Administration; from California. veterans is expected to be diagnosed (B) receive direct oversight from the Dep- GENERAL LEAVE with prostate cancer in their lifetime, uty Undersecretary for Health of the Depart- Mr. TAKANO. Mr. Speaker, I ask compared to one in nine American ment of Veterans Affairs; unanimous consent that all Members men, generally. (C) include a yearly program implementa- may have 5 legislative days in which to The Veteran’s Prostate Cancer Treat- tion evaluation to facilitate replication for ment and Research Act would require other disease states or in other healthcare revise and extend their remarks and to include extraneous material on H.R. the VA to establish a national clinical institutions; pathway for prostate cancer and to up- (D) be metric driven and include the devel- 6092. opment of quarterly reports on the quality of The SPEAKER pro tempore. Is there date that clinical pathway every year prostate cancer care, which shall be provided objection to the request of the gen- to reflect the latest and greatest and to the leadership of the Department, medical tleman from California? best practices for, and the medical un- centers, and providers and made publicly There was no objection. derstanding of, this deadly disease. It available in an electronic form; Mr. TAKANO. Mr. Speaker, I yield would also require the VA to establish (E) made available as national decision myself such time as I may consume. a comprehensive prostate cancer pro- support tools in the electronic medical Mr. Speaker, I rise in support of H.R. gram and a national prostate cancer record; registry. (F) include an education plan for patients 6092, the Veteran’s Prostate Cancer Treatment and Research Act. Together, these provisions would and providers; and make the VA a national leader with re- (G) be funded appropriately to accomplish The number one cancer diagnosed by the objectives of this Act. the Veterans Health Administration is spect to prostate cancer. (3) PROGRAM IMPLEMENTATION EVALUA- prostate cancer. Nearly half a million Most importantly, it would give vet- TION.—The Secretary shall establish a pro- veterans are currently undergoing erans with prostate cancer the very gram evaluation tool as an integral compo- treatment, with disproportionate diag- best chance of making a full recovery nent to learn best practices of multidisci- noses of this disease impacting Black and going on to lead long, healthy lives plinary disease-based implementation and to veterans and those exposed to Agent after their diagnosis. inform the Department and Congress regard- Mr. Speaker, it is fitting that the Orange. ing further use of the disease specific model House advance this important bill This legislation would create a na- of care delivery. today in the final week of Prostate tional clinical pathway and standard- (4) PROSTATE CANCER RESEARCH.—The Sec- Cancer Month. I urge all of my col- retary shall submit to Congress a plan that ized system of care for treatment of leagues to join me in supporting it, and provides for continual funding through the prostate cancer at all stages. This will Office of Research and Development of the I reserve the balance of my time. ensure more widespread early detec- Mr. TAKANO. Mr. Speaker, I also Department of Veterans Affairs for sup- tion efforts, increase access to clinical porting prostate cancer research designed to want to acknowledge the leadership of position the Department as a national re- trials, and create a registry and re- the gentleman from South Carolina source for quality reporting metrics, prac- search program. (Mr. CUNNINGHAM), who worked with tice-based evidence, comparative effective- Mr. Speaker, our veterans battle the subcommittee ranking member, Dr. ness, precision oncology, and clinical trials prostate cancer at twice the rate of NEAL DUNN. in prostate cancer. their civilian counterparts. A unified Mr. Speaker, I yield 5 minutes to the (5) PROSTATE CANCER REAL TIME REGISTRY systems-wide approach that builds on gentleman from South Carolina (Mr. PROGRAM.—The Secretary, in collaboration the incredible work of the Depart- CUNNINGHAM), my good friend. with data stewards of the Department of ment’s research efforts is essential. Veterans Affairs, scientists, and the heads of Mr. CUNNINGHAM. Mr. Speaker, I I want to thank Dr. DUNN for his other Departments, agencies, and non-gov- rise in support of this bipartisan legis- ernmental organizations, such as founda- steadfast leadership and his passion on lation introduced by my colleague, tions and non-profit organizations focused on this matter. Representative DUNN, and myself, prostate cancer research and care, shall es- Mr. Speaker, I also encourage all of which would ensure that lifesaving re- tablish a real-time, actionable, national my colleagues to support H.R. 6092, and search and clinical trials are made prostate cancer registry. Such registry shall I reserve the balance of my time. available to reduce the rate of prostate be designed— Mr. DAVID P. ROE of Tennessee. Mr. cancer for our Nation’s veterans. (A) to establish a systematic and standard- Speaker, I yield myself such time as I Prostate cancer is the number one ized database that enables intra-agency col- may consume. cancer diagnosed in the Veterans laboration by which to track veteran patient Mr. Speaker, I rise today in support progress, enable population management Health Administration, and numerous programs, facilitate best outcomes, and en- of H.R. 6092, the Veteran’s Prostate reports have established a link between courage future research and further develop- Cancer Treatment and Research Act. cancer and military service, including ment of clinical pathways, including patient This bill is sponsored by my good exposure to certain herbicides like access to precision resources and treatments friend and ranking member of the Sub- Agent Orange. and access to life-extending precision clin- committee on Health, Congressman Early detection of this disease is crit- ical trials; NEAL DUNN of Florida. ical, and veterans deserve a health sys- (B) to employ novel methods of structuring Like me, Dr. DUNN is an Army vet- tem that provides both early detection data, including natural language processing, eran and a physician. During his many artificial intelligence, structured data clin- and successful treatment. This bill will ical notes, patient reported outcome instru- years in private practice, he helped to do just that. ments, and other tools, to ensure that all found the Advanced Urology Institute It is our job to ensure that, when our clinically meaningful data is included; and and the Bay Regional Cancer Center, brave men and women return home (C) to be accessible to— where he specialized in treating ad- from their service, the VA is there to (i) clinicians treating veterans diagnosed vanced prostate cancer. rehabilitate them and reintegrate them with prostate cancer and being treated for Suffice it to say, improving care for back into civilian life. They deserve prostate cancer in conjunction with Depart- prostate cancer is a personal one for our unconditional support, which is ment medical facilities; and him. It is also a personal one for me. why I urge my colleagues to join me in (ii) researchers. A few years ago, when I was chair- honoring our obligation to our vet- (c) CLINICAL PATHWAY DEFINED.—In this man of the Veterans’ Affairs Com- erans and vote in support of this bipar- section, the term ‘‘clinical pathway’’ means mittee, I was diagnosed with prostate a health care management tool designed tisan legislation. around research and evidence-backed prac- cancer. Early detection and effective Mr. DAVID P. ROE of Tennessee. Mr. tices that provides direction for the clinical treatment helped save my life, and I Speaker, Dr. DUNN, because of travel care and treatment of a specific episode of a know that it will do the same for many restrictions, couldn’t make it to this condition or ailment. of my fellow veterans. debate.
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.014 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4684 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Mr. Speaker, I yield 3 minutes to the VETERAN’S PROSTATE CANCER or care for subpopulations with evidence- gentleman from North Carolina (Mr. TREATMENT AND RESEARCH ACT based risk factors (including race, ethnicity, socioeconomic status, geographic location, MURPHY), with whom I serve on the Mr. TAKANO. Mr. Speaker, I move to Education and Labor Committee and exposure risks, and genetic risks, including suspend the rules and pass the bill family history). the Doctors Caucus. (H.R. 6092) to direct the Secretary of (C) A suggested treatment protocol time- Mr. MURPHY of North Carolina. Mr. Veterans Affairs to establish a national frame for each point of care based on sever- Speaker, I rise today in support of H.R. clinical pathway for prostate cancer, ity and stage of cancer. 6092, the Veteran’s Prostate Cancer access to life-saving extending preci- (3) PUBLIC COMMENT PERIOD.—Upon the es- Treatment and Research Act. sion clinical trials and research, and tablishment of a proposed clinical pathway for other purposes, as amended. as required under this subsection, the Sec- Prostate cancer is the most common retary shall publish the proposed clinical cancer diagnosis amongst U.S. vet- The Clerk read the title of the bill. The text of the bill is as follows: pathway in the Federal Register and provide erans. I speak in two roles: one as a for a 45-day period for public comments. The H.R. 6092 practicing urologist who has, for over Secretary— 30 years, taken care of prostate cancer Be it enacted by the Senate and House of Rep- (A) may make any such public comments resentatives of the United States of America in publicly available; and patients, and then also as a Congress- Congress assembled, man, too, to the Third District of (B) make changes to the proposed clinical SECTION 1. SHORT TITLE. pathway in response to any such comments North Carolina, which is home to This Act may be cited as the ‘‘Veteran’s received using the same process and criteria roughly 95,000 veterans, the third most Prostate Cancer Treatment and Research used to establish the proposed clinical path- in the country. So this bill is especially Act’’. way. important to me. SEC. 2. FINDINGS. (4) COLLABORATION AND COORDINATION.—In Congress makes the following findings: This legislation requires the Depart- establishing the clinical pathway required (1) Prostate cancer is the number one can- under this section, the Secretary shall— ment of Veterans Affairs to establish a cer diagnosed in the Veterans Health Admin- national clinical pathway and a na- (A) provide for consideration of other clin- istration. ical pathways and research findings of other tional registry related to the diagnosis, (2) A 1996 report published by the National departments and agencies, including guide- research, and treatment of prostate Academy of Sciences, Engineering, and Med- lines that are widely recognized and guide- cancer. This information will be crit- icine established a link between prostate lines that are used as the standard for clin- ical to help ensure our VA’s prostate cancer and exposure to herbicides, such as ical policy in oncology care, such as Na- Agent Orange. cancer patients have the best oppor- tional Comprehensive Cancer Network guide- (3) It is essential to acknowledge that due lines; and tunity for early diagnosis and treat- to these circumstances, certain veterans are (B) collaborate and coordinate with— ment. made aware that they are high-risk individ- (i) the National Institutes of Health; uals when it comes to the potential to de- Prostate cancer often sneaks up si- (ii) the National Cancer Institute; velop prostate cancer. lently, without symptoms, and, thus, (iii) the National Institute on Minority (4) In being designated as ‘‘high risk’’, it is early detection is the key. Early diag- Health and Health Disparities; essential that veterans are proactive in seek- (iv) other Institutes and Centers as the nosis leads to a much greater chance ing earlier preventative clinical services for Secretary determines necessary; for cure. the early detection and successful treatment (v) the Centers for Disease Control and of prostate cancer, whether that be through Also, very important is this bill’s re- Prevention; the Veterans Health Administration or quirements for the VA to develop a (vi) the Department of Defense; through a community provider. real-time, actional national prostate (vii) the Centers for Medicare and Medicaid (5) Clinical preventative services and ini- cancer registry online. The more we Services; tial detection are some of the most impor- (viii) the Patient-Centered Outcomes Re- can keep the VA up to date with the tant components in the early detection of search Institute; and medical advances of the 21st century, prostate cancer for veterans at high risk of (ix) the Food and Drug Administration. the more veterans’ lives we will save. prostate cancer. (5) PUBLICATION.—The Secretary shall— (6) For veterans with prostate cancer, in- I want to thank my colleague and fel- (A) publish the clinical pathway estab- cluding prostate cancer that has metasta- low urologist, Congressman NEAL lished under this subsection on a publicly sized, precision oncology, including bio- DUNN, for leading this initiative in the available Department website; and marker-driven clinical trials and innova- (B) regularly update the clinical pathway House. Bills like this one are the rea- tions underway through the Prostate Cancer as needed by review of the medical literature son more and more veterans are sur- Foundation and Department of Veterans Af- and available evidence-based guidelines at viving this horrible disease. I am proud fairs partnership, represents one of the most least annually, in accordance with the cri- to be a cosponsor and look forward to promising areas of interventions, treat- teria under paragraph (2). its passage. ments, and cures for such veterans and their (b) DEVELOPMENT OF NATIONAL CANCER OF Mr. Speaker, I urge my colleagues to families. THE PROSTATE CLINICAL CARE IMPLEMENTA- vote for this legislation. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH OF TION PROGRAM.— Mr. TAKANO. Mr. Speaker, I have no PROSTATE CANCER. (1) ESTABLISHMENT.—Not later than 90 days further speakers. I am prepared to (a) ESTABLISHMENT OF CLINICAL PATH- after the date of the enactment of this Act, close, and I reserve the balance of my WAY.— the Secretary shall submit to Congress a time. (1) IN GENERAL.—Not later than 365 days plan to establish a comprehensive prostate after the date of the enactment of this Act, cancer program. Mr. DAVID P. ROE of Tennessee. Mr. the Secretary of Veterans Affairs shall es- (2) PROGRAM REQUIREMENTS.—The com- Speaker, I yield myself the balance of tablish in the National Surgery Office of the prehensive prostate cancer program shall— my time. Department of Veterans Affairs a national (A) be multidisciplinary and include the Mr. Speaker, I strongly encourage clinical pathway for all stages of prostate authority to work across clinical care lines, my colleagues to support this very im- cancer, from early detection to end-of-life specialties, and the organizational divisions care including recommendations regarding of the Veterans Health Administration; portant bill. I am surprised, over the the use of transformative innovations, re- (B) receive direct oversight from the Dep- years, that the VA hasn’t had an active search, and uniform clinical data. uty Undersecretary for Health of the Depart- registry. (2) ELEMENTS.—The national clinical path- ment of Veterans Affairs; I want to thank Dr. DUNN and the way established under this subsection shall (C) include a yearly program implementa- other sponsors of this bill. I think it include the following elements: tion evaluation to facilitate replication for will help save lives in the VA. (A) A multi-disciplinary plan for the early other disease states or in other healthcare detection, diagnosis, and treatment of pros- institutions; Mr. Speaker, I urge my colleagues to tate cancer that includes, as appropriate, (D) be metric driven and include the devel- support this bill, and I yield back the both Department medical facilities and com- opment of quarterly reports on the quality of balance of my time. munity-based partners and providers and re- prostate cancer care, which shall be provided Mr. TAKANO. Mr. Speaker, I would search centers specializing in prostate can- to the leadership of the Department, medical like to withdraw my motion to suspend cer, especially such centers that have en- centers, and providers and made publicly tered into partnerships with the Depart- available in an electronic form; the rules and pass H.R. 6092. ment. (E) made available as national decision The SPEAKER pro tempore. The mo- (B) A suggested, but not mandatory, pro- support tools in the electronic medical tion is withdrawn. tocol for screening, diagnosis, and treatment record; and
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.073 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4685 (F) include an education plan for patients The SPEAKER pro tempore. The eral with respect to the use of the forms de- and providers. question is on the motion offered by scribed in paragraph (1).’’. (3) PROGRAM IMPLEMENTATION EVALUA- the gentleman from California (Mr. (b) RULE OF CONSTRUCTION.—Nothing in TION.—The Secretary shall establish a pro- section 5101 of title 38, United States Code, TAKANO) that the House suspend the gram evaluation tool as an integral compo- as added by subsection (a), may be construed nent to learn best practices of multidisci- rules and pass the bill, H.R. 6092, as to require the Secretary of Veterans Affairs plinary disease-based implementation and to amended. to develop any new information technology inform the Department and Congress regard- The question was taken; and (two- system or otherwise require the Secretary to ing further use of the disease specific model thirds being in the affirmative) the make any significant changes to the internet of care delivery. rules were suspended and the bill, as website of the Department of Veterans Af- (4) PROSTATE CANCER RESEARCH.—The Sec- amended, was passed. fairs. retary shall submit to Congress a plan that A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- provides for continual funding through the the table. ant to the rule, the gentleman from Office of Research and Development of the California (Mr. TAKANO) and the gen- Department of Veterans Affairs for sup- f tleman from Tennessee (Mr. DAVID P. porting prostate cancer research designed to b 1430 position the Department as a national re- ROE) each will control 20 minutes. source for quality reporting metrics, prac- VETERANS BENEFITS FAIRNESS The Chair recognizes the gentleman tice-based evidence, comparative effective- AND TRANSPARENCY ACT OF 2020 from California. ness, precision oncology, and clinical trials GENERAL LEAVE in prostate cancer. Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the bill Mr. TAKANO. Madam Speaker, I ask (5) PROSTATE CANCER REAL TIME REGISTRY unanimous consent that all Members PROGRAM.—The Secretary, in collaboration (H.R. 7795) to amend title 38, United with data stewards of the Department of States Code, to improve the ability of may have 5 legislative days in which to Veterans Affairs, scientists, and the heads of veterans to access and submit dis- revise and extend their remarks, and to other Departments, agencies, and non-gov- ability benefit questionnaire forms of include extraneous material on H.R. ernmental organizations, such as founda- the Department of Veterans Affairs. 7795. tions and non-profit organizations focused on The Clerk read the title of the bill. The SPEAKER pro tempore. Is there prostate cancer research and care, shall es- The text of the bill is as follows: objection to the request of the gen- tablish a real-time, actionable, national tleman from California? prostate cancer registry. Such registry shall H.R. 7795 There was no objection. be designed— Be it enacted by the Senate and House of Rep- Mr. TAKANO. Mr. Speaker, I yield (A) to establish a systematic and standard- resentatives of the United States of America in myself such time as I may consume. ized database that enables intra-agency col- Congress assembled, laboration by which to track veteran patient Mr. Speaker, the Veterans Benefits SECTION 1. SHORT TITLE. Fairness and Transparency Act of 2020 progress, enable population management This Act may be cited as the ‘‘Veterans programs, facilitate best outcomes, and en- Benefits Fairness and Transparency Act of is legislation that was brought to the courage future research and further develop- 2020’’. House Veterans’ Affairs Committee as ment of clinical pathways, including patient a result of a strong partnership be- access to precision resources and treatments SEC. 2. PUBLICATION AND ACCEPTANCE OF DIS- ABILITY BENEFIT QUESTIONNAIRE tween staff and the advocates that are and access to life-extending precision clin- FORMS OF DEPARTMENT OF VET- out in the field, even through the ical trials; ERANS AFFAIRS. (B) to employ novel methods of structuring COVID–19 pandemic, assisting our vet- (a) IN GENERAL.—Section 5101 of title 38, erans in the disability benefits process. data, including natural language processing, United States Code, is amended— artificial intelligence, structured data clin- (1) by redesignating subsection (d) as sub- When a VA doctor evaluates a vet- ical notes, patient reported outcome instru- section (e); and eran’s disability, they use a form ments, and other tools, to ensure that all (2) by inserting after subsection (c) the fol- known as a disability benefit question- clinically meaningful data is included; and lowing new subsection (d): naire, or DBQ. (C) to be accessible to— ‘‘(d)(1) The Secretary shall publish in a These DBQs are what VA employees (i) clinicians treating veterans diagnosed central location on the internet website of use to decide benefit claims and can be with prostate cancer and being treated for the Department disability benefit question- the deciding factor between a grant or prostate cancer in conjunction with Depart- naire forms, or such successor forms relating ment medical facilities; and a denial. to non-Department medical providers sub- During the height of the pandemic, (ii) researchers. mitting evidence regarding a disability of a (c) CLINICAL PATHWAY DEFINED.—In this claimant. VA made the decision to pull these section, the term ‘‘clinical pathway’’ means ‘‘(2) Subject to section 6103 of this title, if DBQs off its public website, making a health care management tool designed the Secretary updates a form described in them inaccessible to veterans and their around research and evidence-backed prac- paragraph (1), the Secretary shall— representatives. The advocates told us tices that provides direction for the clinical ‘‘(A) accept the previous version of the this change was harmful for veterans care and treatment of a specific episode of a form filed by a claimant if— because they could no longer get rel- condition or ailment. ‘‘(i) the claimant provided to the non-De- evant medical information from their The SPEAKER pro tempore. Pursu- partment medical provider the previous own treatment providers to support version of the form before the date on which ant to the rule, the gentleman from their claims. California (Mr. TAKANO) and the gen- the updated version of the form was made available; and Now, even though VA oftentimes pro- tleman from Tennessee (Mr. DAVID P. ‘‘(ii) the claimant files the previous vides medical exams to veterans during ROE) each will control 20 minutes. version of the form during the one-year pe- the claims process, it is not always the The Chair recognizes the gentleman riod following the date the form was com- same as getting that information from from California. pleted by the non-Department medical pro- your own doctor. GENERAL LEAVE vider; Mr. Speaker, H.R. 7795 fixes this issue Mr. TAKANO. Mr. Speaker, I ask ‘‘(B) request from the claimant any other by requiring VA to publish DBQs on its unanimous consent that all Members information that the updated version of the website and to accept DBQs completed form requires; and may have 5 legislative days in which to ‘‘(C) apply the laws and regulations re- by a non-VA medical provider. revise and extend their remarks and to quired to adjudicate the claim as if the Mr. Speaker, I want to take this mo- include extraneous material on H.R. claimant filed the updated version of the ment to thank Representatives BARR 6092, as amended. form. and LURIA for introducing this legisla- The SPEAKER pro tempore. Is there ‘‘(3) The Secretary may waive any inter- tion, and also thank our VSO partners objection to the request of the gen- agency approval process required to approve for bringing this issue to our attention. tleman from California? a modification to a disability benefit ques- Mr. Speaker, I reserve the balance of There was no objection. tionnaire form if such requirement only ap- my time. Mr. TAKANO. Mr. Speaker, I yield plies by reason of the forms being made pub- Mr. DAVID P. ROE of Tennessee. Mr. lic under paragraph (1). back the balance of my time. ‘‘(4) Not less frequently than once each Speaker, I yield myself such time as I Mr. DAVID P. ROE of Tennessee. Mr. year through 2026, the Inspector General of may consume. Speaker, I yield back the balance of the Department shall submit to Congress a Mr. Speaker, I rise today in support my time. report on the findings of the Inspector Gen- of H.R. 7795, the Veterans Benefits
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.015 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4686 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Fairness and Transparency Act of 2020, about, Well, they turned my claim legislation, and for allowing me to co- which was introduced by my good down because they didn’t have ade- sponsor it. friend, ANDY BARR, from Kentucky. quate information. This is a simple so- And I urge all of my colleagues to This bill would streamline the proc- lution to a simple problem. support this bill in order to help our ess for veterans to submit medical evi- Mr. Speaker, I encourage all Mem- Nation’s many deserving veterans. dence from their private provider to bers to support H.R. 7795, and I reserve Mr. DAVID P. ROE of Tennessee. Mr. support their Department of Veterans the balance of my time. Speaker, I yield 3 minutes to the gen- Affairs compensation claim. Mr. TAKANO. Mr. Speaker, I yield 5 tleman from Kentucky (Mr. BARR), my As you may know, VA has recently minutes to the gentlewoman from Vir- good friend and fellow member of the resumed certain in-person disability ginia (Mrs. LURIA), the chairwoman of Veterans’ Affairs Committee. exams after suspending them at the the Disability Assistance and Memorial Mr. BARR. Mr. Speaker, I am grate- start of the COVID–19 national emer- Affairs Subcommittee, and also a co- ful to have my bill, H.R. 7795, the Vet- gency. sponsor of H.R. 7795. erans Benefits Fairness and Trans- During those uncertain times, some Mrs. LURIA. Mr. Speaker, I am proud parency Act of 2020 before the House of veterans may have requested that their to rise today in support and as a co- Representatives today. private physician conduct their dis- lead of the Veterans Benefits Fairness I would like to thank my good friend, ability exam in order to avoid a claims and Transparency Act. Ranking Member ROE, for his support processing delay. I want to start by thanking my col- of this legislation, and would espe- ARR from Kentucky, for Unfortunately, in April of 2020, VA league, Mr. B cially like to thank my colleague taking the lead on this. stopped publishing the disability bene- across the aisle and chair of the Dis- And as you know, we have heard from fits questionnaires, or DBQs, on its ability and Memorial Affairs Sub- website. Those forms are used to en- countless veterans and countless vet- committee, Representative ELAINE sure that VA receives all the medical erans’ advocates that this is a problem; LURIA, for co-leading this bipartisan that these forms are not available to information the department needs to legislation with me. I appreciate Rep- adjudicate the veteran’s disability our veterans and their providers to be resentative LURIA’s leadership on this able to provide the best information in claim. issue. However, if a veteran’s physician the most timely manner in order to This bill is vitally important because does not have access to the appropriate process these claims. it will restore access for veterans and DBQ, the provider may not include all The simple fact is that we must act their representatives to the disability the medical information needed to sup- to make it easier, not harder, for our benefits questionnaires forms pre- port the veteran’s claim. H.R. 7795 veterans to receive the benefits that viously available on the VA’s public would address this issue by requiring they deserve. As mentioned, this bill website. Our veterans used these forms the VA to reinstate the public-facing will ensure that benefit questionnaires to submit evidence to the VA for their DBQs on its website. will be public-facing again on a As an OB/GYN physician who man- website. disability claims until the VA removed them in April of this year in the middle aged my own private practice for three Mr. BARR and I learned from many decades, I believe that a physician or veterans’ advocates that these forms of a pandemic, making it harder for other healthcare provider who has had were removed and that veterans that veterans to submit their evidence and the opportunity to develop a relation- needed to provide this vital informa- get the benefits owed to them. ship with a veteran patient over sev- tion in order to process their claim The idea for this legislation was eral years is the most qualified to as- couldn’t simply have the forms that brought to me by a member of Ken- sess the veteran’s disability. they needed in order to do that. tucky’s Sixth Congressional District If that provider is willing to perform This bill also includes the use of Veterans’ Coalition, Chief Warrant Of- a disability exam, they should have the older versions of the form, because how ficer Denny Hart. I know Mr. Hart, he same access to the DBQ that a VA ex- many times have we heard in our of- is a good patriotic man, and he con- aminer would have. I have heard VA’s fices and from our constituents that a tinues to serve our country by helping concerns about this bill, and I under- veteran has submitted their claim only other veterans file their disability stand the department would like to im- to have it sent back again requesting a claims with the VA. prove the process for veterans to de- different version of the form, thus, de- However, after the VA removed these velop and obtain supportive evidence laying the process for our veterans who forms from being publicly available, from their private providers. desperately need these claims to be ad- they effectively shut out Mr. Hart and However, I am not persuaded that the judicated, and need the care from the others from assisting our veterans. veterans are well-served by eliminating VA. There were only 11 VA contract exam- the public access to DBQs right now. This will also allow the VA to make iners in the Sixth District of Kentucky Instead, I believe veterans should be prompt decisions on the disability in January of this year. Now, to their able to obtain these forms until VA can claims and reduce their unfinished credit, the VA has increased the num- implement a better process. exam backlog, which is currently near- ber of those contract examiners, prob- Veterans should not be penalized for ing 60 percent. ably because of this legislation. But seeking out a medical opinion from These questionnaires played a huge until we have the assurances that a their private medical provider, espe- role in 2011 in reducing the massive sufficient number of VA contract ex- cially when there is a backlog of over claims backlog that we experienced at aminers are able to assist all of the 350,000 pending disability exams caused that time. And during our current pub- veterans with their disability claims, by the pandemic that VA must address. lic health crisis, while access to care at we need public-facing DBQs. Mr. Speaker, I would like to thank VA facilities is limited, what could My legislation gives the VA addi- Congressman BARR and Congress- make more sense than allowing vet- tional manpower to process a veteran’s woman ELAINE LURIA of Virginia for erans, in company with their civilian DBQ by maintaining the ability of a their leadership on this issue. providers, to also be able to provide the veteran’s own provider to fill out the And, Mr. Speaker, let me explain how information necessary to process their form. This is something vital to vet- it is. Let’s say I am seeing a patient for claims? erans in rural communities who may a disability in my office, and I have put In my district in coastal Virginia, I be far from a VA medical center or con- down exactly what I think is appro- am honored to represent more than tract examiner. priate, but it is not all the information 92,000 veterans in our district. And this Furthermore, our proposal prevents the VA needs. I don’t know what they is among my top priorities to ensure veterans from having their disability need. They need to just send me the that we make this process easier, more claim delayed or denied because the form so I will know what to fill out so transparent, and more timely for our VA changed their DBQ form during the they will have adequate information. veterans. application process without the vet- So in your office, your staff back Mr. Speaker, I want to close by eran knowing. During this pandemic, home are not getting these complaints thanking Mr. BARR for introducing this we must ensure our veterans’ disability
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.078 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4687 claims process is not paused or com- other purposes, as amended, on which McEachin Roby Stivers McGovern Rodgers (WA) Suozzi promised solely due to a change in a the yeas and nays were ordered. McHenry Roe, David P. Swalwell (CA) bureaucratic form. The Clerk read the title of the bill. McKinley Rogers (AL) Takano We must protect veterans from un- The SPEAKER pro tempore. The McNerney Rogers (KY) Taylor necessary burdens while securing bene- Meeks Rooney (FL) Thompson (CA) question is on the motion offered by Meng Rose (NY) Thompson (MS) fits owed to them. No veteran should the gentleman from Texas (Mr. CAS- Mfume Rose, John W. Thornberry be denied the disability benefits to TRO) that the House suspend the rules Miller Rouda Tiffany which he or she is justly entitled solely and pass the bill, as amended. Mitchell Rouzer Timmons Moolenaar Roy Tipton because a DBQ is not publicly available The vote was taken by electronic de- Mooney (WV) Roybal-Allard Titus or because the VA changed the form in vice, and there were—yeas 406, nays 3, Moore Ruiz Tlaib the middle of the process. not voting 22, as follows: Morelle Ruppersberger Tonko This is commonsense legislation sup- Moulton Rush Torres (CA) [Roll No. 196] Mucarsel-Powell Rutherford Torres Small ported by multiple veteran service or- YEAS—406 Murphy (FL) Ryan (NM) ganizations, such as the Disabled Murphy (NC) Sa´ nchez Trahan American Veterans, the Paralyzed Vet- Adams Crenshaw Higgins (LA) Nadler Sarbanes Trone Aderholt Crist Higgins (NY) Napolitano Scalise Turner erans of America, Minority Veterans of Aguilar Crow Hill (AR) Neal Scanlon Underwood America, Iraq and Afghanistan Vet- Allen Cuellar Himes Neguse Schakowsky Upton erans of America, and more. Allred Cunningham Hollingsworth Newhouse Schiff Van Drew Amodei Curtis Horn, Kendra S. Mr. Speaker, I urge my colleagues to Norcross Schneider Vargas Armstrong Davids (KS) Horsford Norman Schrader Veasey support this bipartisan legislation and Arrington Davis (CA) Houlahan Nunes Schrier Vela restore this vital resource for our Na- Axne Davis, Danny K. Hoyer O’Halleran Schweikert Vela´ zquez tion’s heroes. Babin Davis, Rodney Hudson Ocasio-Cortez Scott (VA) Visclosky Bacon Dean Huffman Olson Scott, Austin Wagner Mr. TAKANO. Mr. Speaker, I reserve Baird DeFazio Huizenga Omar Scott, David Walberg the balance of my time. Balderson DeGette Hurd (TX) Palazzo Sensenbrenner Walden Mr. DAVID P. ROE of Tennessee. Mr. Banks DeLauro Jackson Lee Pallone Serrano Walker Barr DelBene Jacobs Speaker, I yield myself such time as I Palmer Sewell (AL) Walorski Barraga´ n Delgado Jayapal Panetta Shalala Waltz may consume. Bass Demings Jeffries Pappas Sherman Wasserman Mr. Speaker, this is a commonsense Beatty DeSaulnier Johnson (GA) Pascrell Sherrill Schultz solution to a problem that shouldn’t Bera DesJarlais Johnson (LA) Payne Shimkus Waters Bergman Deutch Johnson (OH) Pelosi Simpson Watkins have occurred in the first place. And I Beyer Diaz-Balart Johnson (SD) Pence Sires Watson Coleman think that it is—I appreciate both Con- Biggs Dingell Johnson (TX) Perlmutter Slotkin Weber (TX) gresswoman LURIA and Congressman Bilirakis Doggett Jordan Peters Smith (MO) Webster (FL) Bishop (GA) Doyle, Michael Joyce (OH) BARR for their leadership on this. I en- Peterson Smith (NE) Welch Bishop (NC) F. Joyce (PA) Phillips Smith (NJ) Wenstrup courage my colleagues to support this. Bishop (UT) Duncan Kaptur Pingree Smith (WA) Westerman Mr. Speaker, I yield back the balance Blumenauer Emmer Keating Pocan Smucker Wexton of my time. Blunt Rochester Engel Keller Porter Soto Wild Bonamici Escobar Kelly (IL) Posey Spanberger Williams Mr. TAKANO. Mr. Speaker, I yield Bost Eshoo Kelly (MS) Pressley Spano Wilson (FL) myself such time as I may consume. Boyle, Brendan Espaillat Kennedy Price (NC) Speier Wilson (SC) Mr. Speaker, the passage of this im- F. Estes Khanna Quigley Stanton Wittman Brindisi Evans Kildee portant legislation is necessary to con- Raskin Stefanik Womack Brooks (AL) Ferguson Kilmer Reed Steil Woodall tinue to make it easier for veterans to Brooks (IN) Finkenauer Kim Rice (NY) Steube Yarmuth submit medical evidence in support of Brown (MD) Fitzpatrick Kind Rice (SC) Stevens Yoho Brownley (CA) Fleischmann King (IA) Richmond Stewart Zeldin their disability claims. Buchanan Fletcher King (NY) I urge all of my colleagues to support Buck Flores Kinzinger NAYS—3 the legislation, H.R. 7795, brought for- Bucshon Fortenberry Kirkpatrick Amash Davidson (OH) Massie ward by Congressman BARR of Ken- Budd Foster Krishnamoorthi Burchett Foxx (NC) Kuster (NH) NOT VOTING—22 tucky, and the cosponsor, the chair- Burgess Frankel Kustoff (TN) Abraham Katko Reschenthaler woman of our Subcommittee on Bustos Fudge LaHood Brady Kelly (PA) Butterfield Fulcher LaMalfa Riggleman DAMA, ELAINE LURIA of Virginia. Byrne Lawrence Calvert Gaetz Lamb Stauber Dunn Marchant Mr. Speaker I urge support of this Carbajal Gallagher Lamborn Thompson (PA) Gabbard Marshall bill, and I yield back the balance of my Ca´ rdenas Gallego Langevin Wright Gibbs Meuser Carson (IN) Garamendi Larsen (WA) Young time. Graves (GA) Mullin Carter (GA) Garcia (CA) Larson (CT) The SPEAKER pro tempore. The Holding Perry Carter (TX) Garcı´a (IL) Latta question is on the motion offered by Cartwright Garcia (TX) Lawson (FL) the gentleman from California (Mr. Case Gianforte Lee (CA) b 1533 TAKANO) that the House suspend the Casten (IL) Gohmert Lee (NV) rules and pass the bill, H.R. 7795. Castor (FL) Golden Lesko Mr. PETERSON changed his vote Castro (TX) Gomez Levin (CA) from ‘‘nay’’ to ‘‘yea.’’ The question was taken; and (two- Chabot Gonzalez (OH) Levin (MI) thirds being in the affirmative) the Cheney Gonzalez (TX) Lieu, Ted So (two-thirds being in the affirma- rules were suspended and the bill was Chu, Judy Gooden Lipinski tive) the rules were suspended and the Cicilline Gosar Loebsack bill, as amended, was passed. passed. Cisneros Gottheimer Lofgren A motion to reconsider was laid on Clark (MA) Granger Long The result of the vote was announced the table. Clarke (NY) Graves (LA) Loudermilk as above recorded. Clay Graves (MO) Lowenthal A motion to reconsider was laid on f Cleaver Green (TN) Lowey the table. Cline Green, Al (TX) Lucas b 1445 Cloud Griffith Luetkemeyer MEMBERS RECORDED PURSUANT TO HOUSE Clyburn Grijalva Luja´ n RESOLUTION 965, 116TH CONGRESS UYGHUR FORCED LABOR Cohen Grothman Luria Chu, Judy (Takano) Kim (Davids (KS)) PREVENTION ACT Cole Guest Lynch Collins (GA) Guthrie Malinowski DeSaulnier (Matsui) Kind (Beyer) The SPEAKER pro tempore. Pursu- Comer Haaland Maloney, Engel (Pallone) Kirkpatrick ant to clause 8 of rule XX, the unfin- Conaway Hagedorn Carolyn B. Frankel (Clark (MA)) (Gallego) ished business is the vote on the mo- Connolly Harder (CA) Maloney, Sean Grijalva (Garcı´a (IL)) Langevin (Lynch) Cook Harris Mast Hastings (Wasserman Lawson (FL) (Evans) tion to suspend the rules and pass the Cooper Hartzler Matsui bill (H.R. 6210) ensuring that goods Schultz) Lieu, Ted (Beyer) Correa Hastings McAdams Hayes (Courtney) Lipinski (Cooper) Costa Hayes McBath made with forced labor in the Xinjiang Huffman (Thompson Lofgren (Jeffries) Uyghur Autonomous Region of the Courtney Heck McCarthy Cox (CA) Hern, Kevin McCaul (CA)) Lowenthal (Beyer) People’s Republic of China do not enter Craig Herrera Beutler McClintock Jayapal (Raskin) Lowey (Tonko) the United States market, and for Crawford Hice (GA) McCollum Kildee (Butterfield) Meng (Clark (MA))
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.079 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4688 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Moore (Beyer) Rooney (FL) (Beyer) [Roll No. 197] Pappas Schrader Tonko Mucarsel-Powell Roybal-Allard Pascrell Schrier Torres (CA) YEAS—414 Payne Schweikert (Wasserman (Ca´ rdenas) Torres Small Pence Scott (VA) (NM) Schultz) Abraham Dean Joyce (OH) Rush (Underwood) Perlmutter Scott, Austin Trahan Adams DeFazio Joyce (PA) Napolitano (Correa) Serrano (Jeffries) Peters Scott, David Aderholt DeGette Kaptur Trone Payne (Wasserman Peterson Sensenbrenner Speier (Scanlon) Aguilar DeLauro Katko Turner Schultz) Phillips Serrano Watson Coleman Allen DelBene Keating Underwood Pingree Sewell (AL) Pingree (Clark (MA)) (Pallone) Allred Delgado Keller Upton Pocan (Raskin) Pocan Shalala Van Drew Welch (McGovern) Amash Demings Kelly (IL) Porter Sherman Porter (Wexton) Amodei DeSaulnier Kelly (MS) Vargas Wilson (FL) (Adams) Posey Sherrill Veasey Richmond (Fudge) Armstrong DesJarlais Kennedy Pressley Shimkus Arrington Deutch Khanna Vela Price (NC) Simpson Vela´ zquez f Axne Diaz-Balart Kildee Quigley Sires Babin Dingell Kilmer Visclosky Raskin Slotkin Wagner Bacon Doggett Kim Reed Smith (MO) MOMENT OF SILENCE IN REMEM- Walberg Baird Doyle, Michael Kind Rice (NY) Smith (NE) Walden BRANCE OF AMERICANS WHO Balderson F. King (IA) Rice (SC) Smith (NJ) Walker HAVE PASSED AWAY FROM Banks Duncan King (NY) Richmond Smith (WA) Walorski Barr Emmer Kinzinger Roby Smucker COVID–19 VIRUS Waltz Barraga´ n Engel Kirkpatrick Rodgers (WA) Soto The SPEAKER. The Chair asks all Bass Escobar Krishnamoorthi Roe, David P. Spanberger Wasserman Members in the Chamber, as well as Beatty Eshoo Kuster (NH) Rogers (AL) Spano Schultz Bera Espaillat Kustoff (TN) Waters Members and staff throughout the Cap- Rogers (KY) Speier Bergman Estes LaHood Rooney (FL) Stanton Watkins itol, to rise for a moment of silence in Beyer Evans LaMalfa Rose (NY) Stefanik Watson Coleman remembrance of more than 200,000 Biggs Ferguson Lamb Rose, John W. Steil Weber (TX) Americans who have passed away from Bilirakis Finkenauer Lamborn Rouda Steube Webster (FL) Bishop (GA) Fitzpatrick Langevin Rouzer Stevens Welch the COVID–19 virus. Bishop (NC) Fleischmann Larsen (WA) Roy Stewart Wenstrup Bishop (UT) Fletcher Larson (CT) Roybal-Allard Stivers Westerman f Blumenauer Flores Latta Ruiz Suozzi Wexton Blunt Rochester Fortenberry Lawrence Ruppersberger Swalwell (CA) Wild RECESS Bonamici Foster Lawson (FL) Rush Takano Williams Bost Foxx (NC) Lee (CA) Rutherford Taylor Wilson (FL) The SPEAKER pro tempore (Ms. Boyle, Brendan Frankel Lee (NV) Ryan Thompson (CA) Wilson (SC) F. Fudge DEGETTE). Pursuant to clause 12(a) of Lesko Sa´ nchez Thompson (MS) Wittman Brady Fulcher Levin (CA) rule I, the Chair declares the House in Sarbanes Thornberry Womack Brindisi Gabbard Levin (MI) Scalise Tiffany Woodall recess for a period of less than 15 min- Brooks (AL) Gaetz Lieu, Ted Scanlon Timmons Yarmuth utes. Brooks (IN) Gallagher Lipinski Schakowsky Tipton Yoho Accordingly (at 3 o’clock and 38 min- Brown (MD) Gallego Loebsack Schiff Titus Young Brownley (CA) Garamendi Lofgren Schneider Tlaib Zeldin utes p.m.), the House stood in recess. Buchanan Garcia (CA) Long Buck Garcı´a (IL) Loudermilk NOT VOTING—16 f Bucshon Garcia (TX) Lowenthal Byrne Marchant Riggleman Budd Gianforte Lowey Dunn Marshall Stauber Burchett Gohmert Lucas b 1551 Gibbs Meuser Thompson (PA) Burgess Golden Luetkemeyer Graves (GA) Mullin ´ Wright Bustos Gomez Lujan Holding Perry AFTER RECESS Butterfield Gonzalez (OH) Luria Kelly (PA) Reschenthaler Calvert Gonzalez (TX) Lynch The recess having expired, the House Carbajal Gooden Malinowski b 1631 was called to order by the Speaker pro Ca´ rdenas Gosar Maloney, tempore (Ms. DEGETTE) at 3 o’clock Carson (IN) Gottheimer Carolyn B. So (two-thirds being in the affirma- Carter (GA) Granger Maloney, Sean tive) the rules were suspended and the and 51 minutes p.m. Carter (TX) Graves (LA) Massie Cartwright Graves (MO) Mast bill, as amended, was passed. f Case Green (TN) Matsui The result of the vote was announced Casten (IL) Green, Al (TX) McAdams as above recorded. LEVERAGING INFORMATION ON Castor (FL) Griffith McBath Castro (TX) Grijalva McCarthy A motion to reconsider was laid on FOREIGN TRAFFICKERS ACT Chabot Grothman McCaul the table. The SPEAKER pro tempore. Pursu- Cheney Guest McClintock MEMBERS RECORDED PURSUANT TO HOUSE Chu, Judy Guthrie McCollum RESOLUTION 965, 116TH CONGRESS ant to clause 8 of rule XX, the unfin- Cicilline Haaland McEachin ished business is the vote on the mo- Cisneros Hagedorn McGovern Chu, Judy (Takano) Lowey (Tonko) tion to suspend the rules and pass the Clark (MA) Harder (CA) McHenry DeSaulnier (Matsui) Meng (Clark (MA)) bill (H.R. 5664) to amend the Traf- Clarke (NY) Harris McKinley Engel (Pallone) Moore (Beyer) Clay Hartzler McNerney ficking Victims Protection Act of 2000 Frankel (Clark (MA)) Mucarsel-Powell Cleaver Hastings Meeks Grijalva (Garcı´a (IL)) (Wasserman to ensure adequate time for the prepa- Cline Hayes Meng ration of the annual Trafficking in Per- Cloud Heck Mfume Hastings (Wasserman Schultz) Clyburn Hern, Kevin Miller Schultz) Napolitano (Correa) sons Report, require the timely provi- Cohen Herrera Beutler Mitchell Hayes (Courtney) Payne (Wasserman sion of information to the Office to Cole Hice (GA) Moolenaar Huffman (Thompson Schultz) Monitor and Combat Trafficking in Collins (GA) Higgins (LA) Mooney (WV) (CA)) Pingree (Clark (MA)) Persons and the Bureau of Diplomatic Comer Higgins (NY) Moore Jayapal (Raskin) Pocan (Raskin) Conaway Hill (AR) Morelle Kildee (Butterfield) Porter (Wexton) Security of the Department of State Connolly Himes Moulton regarding the number and location of Cook Hollingsworth Mucarsel-Powell Kim (Davids (KS)) Richmond (Fudge) visa denials based, in whole or in part, Cooper Horn, Kendra S. Murphy (FL) Kind (Beyer) Rooney (FL) (Beyer) on grounds related to human traf- Correa Horsford Murphy (NC) Kirkpatrick Roybal-Allard Costa Houlahan Nadler (Gallego) (Ca´ rdenas) ficking, and for other purposes, as Courtney Hoyer Napolitano Langevin (Lynch) Rush (Underwood) amended, on which the yeas and nays Cox (CA) Hudson Neal Lawrence (Raskin) Serrano (Jeffries) were ordered. Craig Huffman Neguse Lawson (FL) (Evans) Speier (Scanlon) Crawford Huizenga Newhouse The Clerk read the title of the bill. Crenshaw Hurd (TX) Norcross Lieu, Ted (Beyer) Watson Coleman The SPEAKER pro tempore. The Crist Jackson Lee Norman Lipinski (Cooper) (Pallone) question is on the motion offered by Crow Jacobs Nunes Lofgren (Jeffries) Welch (McGovern) Cuellar Jayapal O’Halleran Lowenthal (Beyer) Wilson (FL) (Adams) the gentleman from Texas (Mr. CAS- Cunningham Jeffries Ocasio-Cortez TRO) that the House suspend the rules Curtis Johnson (GA) Olson f and pass the bill, as amended. Davids (KS) Johnson (LA) Omar The vote was taken by electronic de- Davidson (OH) Johnson (OH) Palazzo RECESS Davis (CA) Johnson (SD) Pallone vice, and there were—yeas 414, nays 0, Davis, Danny K. Johnson (TX) Palmer The SPEAKER pro tempore (Mr. CON- not voting 16, as follows: Davis, Rodney Jordan Panetta NOLLY). Pursuant to clause 12(a) of rule
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.028 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4689 I, the Chair declares the House in re- DIVISION A—CONTINUING project, activity, budget activity, program cess subject to the call of the Chair. APPROPRIATIONS ACT, 2021 element, and subprogram within a program Accordingly (at 4 o’clock and 33 min- The following sums are hereby appro- element, and for any investment items de- utes p.m.), the House stood in recess. priated, out of any money in the Treasury fined as a P–1 line item in a budget activity not otherwise appropriated, and out of appli- within an appropriation account and an R–1 f cable corporate or other revenues, receipts, line item that includes a program element b 1903 and funds, for the several departments, agen- and subprogram element within an appro- cies, corporations, and other organizational priation account) for which appropriations, AFTER RECESS units of Government for fiscal year 2021, and funds, or other authority were not available for other purposes, namely: during fiscal year 2020. The recess having expired, the House (b) No appropriation or funds made avail- was called to order by the Speaker pro SEC. 101. Such amounts as may be nec- essary, at a rate for operations as provided able or authority granted pursuant to sec- tempore (Ms. DEGETTE) at 7 o’clock in the applicable appropriations Acts for fis- tion 101 for the Department of Defense shall and 3 minutes p.m. cal year 2020 and under the authority and be used to initiate multi-year procurements utilizing advance procurement funding for f conditions provided in such Acts, for con- tinuing projects or activities (including the economic order quantity procurement unless CONTINUING APPROPRIATIONS costs of direct loans and loan guarantees) specifically appropriated later. SEC. 103. Appropriations made by section ACT, 2021 AND OTHER EXTEN- that are not otherwise specifically provided 101 shall be available to the extent and in the for in this Act, that were conducted in fiscal SIONS ACT manner that would be provided by the perti- Mr. VISCLOSKY. Madam Speaker, I year 2020, and for which appropriations, nent appropriations Act. funds, or other authority were made avail- SEC. 104. Except as otherwise provided in move to suspend the rules and pass the able in the following appropriations Acts: bill (H.R. 8337) making continuing ap- section 102, no appropriation or funds made (1) The Agriculture, Rural Development, available or authority granted pursuant to propriations for fiscal year 2021, and for Food and Drug Administration, and Related section 101 shall be used to initiate or re- other purposes. Agencies Appropriations Act, 2020 (division B sume any project or activity for which ap- The Clerk read the title of the bill. of Public Law 116–94), except sections 791 and propriations, funds, or other authority were The text of the bill is as follows: 792. not available during fiscal year 2020. (2) The Commerce, Justice, Science, and H.R. 8337 SEC. 105. Appropriations made and author- Related Agencies Appropriations Act, 2020 ity granted pursuant to this Act shall cover Be it enacted by the Senate and House of Rep- (division B of Public Law 116–93), except the all obligations or expenditures incurred for resentatives of the United States of America in last proviso under the heading ‘‘Department any project or activity during the period for Congress assembled, of Commerce—Bureau of the Census—Peri- which funds or authority for such project or SECTION 1. SHORT TITLE. odic Censuses and Programs’’. activity are available under this Act. This Act may be cited as the ‘‘Continuing (3) The Department of Defense Appropria- SEC. 106. Unless otherwise provided for in Appropriations Act, 2021 and Other Exten- tions Act, 2020 (division A of Public Law 116– this Act or in the applicable appropriations sions Act’’. 93), except title X. Act for fiscal year 2021, appropriations and SEC. 2. TABLE OF CONTENTS. (4) The Energy and Water Development and funds made available and authority granted The table of contents of this Act is as fol- Related Agencies Appropriations Act, 2020 pursuant to this Act shall be available until lows: (division C of Public Law 116–94). whichever of the following first occurs: (5) The Financial Services and General (1) The enactment into law of an appro- Sec. 1. Short Title. Government Appropriations Act, 2020 (divi- priation for any project or activity provided Sec. 2. Table of Contents. sion C of Public Law 116–93). for in this Act. Sec. 3. References. (6) The Department of Homeland Security (2) The enactment into law of the applica- DIVISION A—CONTINUING Appropriations Act, 2020 (division D of Pub- ble appropriations Act for fiscal year 2021 APPROPRIATIONS ACT, 2021 lic Law 116–93) (except for amounts in title II without any provision for such project or ac- DIVISION B—SURFACE TRANSPOR- of division D of Public Law 116–93 that were tivity. TATION PROGRAM EXTENSION designated by the Congress as being for an (3) December 11, 2020. Title I—Surface Transportation Programs emergency requirement pursuant to section SEC. 107. Expenditures made pursuant to Title II—Trust Funds 251(b)(2)(A)(i) of the Balanced Budget and this Act shall be charged to the applicable Emergency Deficit Control Act of 1985), and appropriation, fund, or authorization when- DIVISION C—HEALTH EXTENDERS title I of division I of Public Law 116–94. ever a bill in which such applicable appro- Title I—Public Health Extenders (7) The Department of the Interior, Envi- priation, fund, or authorization is contained Title II—Medicare Extenders ronment, and Related Agencies Appropria- is enacted into law. Title III—Medicaid Extenders tions Act, 2020 (division D of Public Law 116– SEC. 108. Appropriations made and funds Title IV—Medicare Part B Premium Adjust- 94). made available by or authority granted pur- ment (8) The Departments of Labor, Health and suant to this Act may be used without re- Title V—Accelerated and Advance Payment Human Services, and Education, and Related gard to the time limitations for submission Programs Agencies Appropriations Act, 2020 (division A and approval of apportionments set forth in Title VI—Offsets of Public Law 116–94). section 1513 of title 31, United States Code, DIVISION D—OTHER MATTERS (9) The Legislative Branch Appropriations but nothing in this Act may be construed to waive any other provision of law governing Title I—Emergency Stopgap USCIS Sta- Act, 2020 (division E of Public Law 116–94), and section 7 of Public Law 116–94. the apportionment of funds. bilization Act SEC. 109. Notwithstanding any other provi- (10) The Military Construction, Veterans Title II—United States Parole Commission sion of this Act, except section 106, for those Affairs, and Related Agencies Appropriations Extension programs that would otherwise have high Title III—Antitrust Criminal Penalty En- Act, 2020 (division F of Public Law 116–94), initial rates of operation or complete dis- hancement and Reform Perma- except title V. tribution of appropriations at the beginning nent Extension Act (11) The Department of State, Foreign Op- of fiscal year 2021 because of distributions of Title IV—Community Services and Supports erations, and Related Programs Appropria- funding to States, foreign countries, grant- Title V—Budgetary Effects tions Act, 2020 (division G of Public Law 116– ees, or others, such high initial rates of oper- Title VI—Nutrition and Commodities Pro- 94). ation or complete distribution shall not be grams (12) The Transportation, Housing and made, and no grants shall be awarded for Urban Development, and Related Agencies DIVISION E—DEPARTMENT OF such programs funded by this Act that would Appropriations Act, 2020 (division H of Pub- VETERANS AFFAIRS EXTENSIONS impinge on final funding prerogatives. lic Law 116–94). SEC. 110. This Act shall be implemented so Title I—Extensions of Authorities Relating SEC. 102. (a) No appropriation or funds that only the most limited funding action of to Health Care made available or authority granted pursu- that permitted in the Act shall be taken in Title II—Extensions of Authorities Relating ant to section 101 for the Department of De- order to provide for continuation of projects to Benefits fense shall be used for: and activities. Title III—Extensions of Authorities Relating (1) the new production of items not funded SEC. 111. (a) For entitlements and other to Homeless Veterans for production in fiscal year 2020 or prior mandatory payments whose budget author- Title IV—Extensions of Other Authorities years; ity was provided in appropriations Acts for and Other Matters (2) the increase in production rates above fiscal year 2020, and for activities under the SEC. 3. REFERENCES. those sustained with fiscal year 2020 funds; Food and Nutrition Act of 2008, activities Except as expressly provided otherwise, or shall be continued at the rate to maintain any reference to ‘‘this Act’’ contained in any (3) The initiation, resumption, or continu- program levels under current law, under the division of this Act shall be treated as refer- ation of any project, activity, operation, or authority and conditions provided in the ap- ring only to the provisions of that division. organization (defined as any project, sub- plicable appropriations Act for fiscal year
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.087 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4690 CONGRESSIONAL RECORD — HOUSE September 22, 2020 2020, to be continued through the date speci- the rescissions or cancellations that will by this Act may be apportioned up to the fied in section 106(3). continue pursuant to section 101: Provided, rate for operations necessary to conduct the (b) Notwithstanding section 106, obliga- That the information in such comprehensive 2020 Decennial Census Program. tions for mandatory payments due on or list shall be periodically updated to reflect SEC. 125. (a)(1) Notwithstanding any other about the first day of any month that begins any subsequent changes in the amount of provision of this Act, the Secretary of the after October 2020 but not later than 30 days balances available, as of October 1, 2020, from Navy may enter into a contract, beginning after the date specified in section 106(3) may the funds specified for rescission or cancella- with fiscal year 2021, for the procurement of continue to be made, and funds shall be tion in the applicable appropriations Act ref- up to two Columbia class submarines. available for such payments. erenced in section 101, and such updates shall (2) With respect to a contract entered into SEC. 112. Amounts made available under be transmitted to the Committees on Appro- under subsection (a), the Secretary of the section 101 for civilian personnel compensa- priations of the House of Representatives Navy may use incremental funding to make tion and benefits in each department and and the Senate upon request. payments under the contract. agency may be apportioned up to the rate for SEC. 116. Notwithstanding section 101, (3) Any contract entered into under sub- operations necessary to avoid furloughs amounts are available in the ‘‘Rural Utilities section (a) shall provide that— within such department or agency, con- Service—Rural Water and Waste Disposal (A) any obligation of the United States to sistent with the applicable appropriations Program Account’’ of the Department of Ag- make a payment under the contract is sub- Act for fiscal year 2020, except that such au- riculture for gross obligations for the prin- ject to the availability of appropriations for thority provided under this section shall not cipal amount of direct and guaranteed loans that purpose; and be used until after the department or agency as authorized by section 306 and described in (B) total liability of the Federal Govern- has taken all necessary actions to reduce or section 381E(d)(2) of the Consolidated Farm ment for termination of any contract en- defer non-personnel-related administrative and Rural Development Act, as follows: tered into shall be limited to the total expenses. $1,400,000,000 for direct loans; and $50,000,000 amount of funding obligated to the contract SEC. 113. Funds appropriated by this Act for guaranteed loans. at time of termination. may be obligated and expended notwith- SEC. 117. Amounts made available by sec- (b) Notwithstanding sections 102 and 104, standing section 10 of Public Law 91–672 (22 tion 101 for ‘‘Department of Agriculture— amounts made available by section 101 to the U.S.C. 2412), section 15 of the State Depart- Food and Nutrition Service—Child Nutrition Department of Defense for ‘‘Shipbuilding and ment Basic Authorities Act of 1956 (22 U.S.C. Programs’’ to carry out section 749(g) of the Conversion, Navy’’ may be apportioned up to 2680), section 313 of the Foreign Relations Agriculture, Rural Development, Food and the rate for operations necessary for ‘‘Ohio Authorization Act, Fiscal Years 1994 and 1995 Drug Administration, and Related Agencies Replacement Submarine (Full Funding)’’ in (22 U.S.C. 6212), and section 504(a)(1) of the Appropriations Act, 2010 (Public Law 111–80) an amount not to exceed $1,620,270,000. National Security Act of 1947 (50 U.S.C. may be apportioned up to the rate for oper- SEC. 126. (a) The remaining unobligated 3094(a)(1)). ations necessary to ensure that the program balances of funds as of September 30, 2020, SEC. 114. (a) Each amount incorporated by can be fully operational by May 2021. from amounts made available to ‘‘Depart- reference in this Act that was previously SEC. 118. Amounts made available by sec- ment of Defense—Other Department of De- designated by the Congress for Overseas Con- tion 101 for ‘‘Department of Agriculture—Do- fense Programs—Office of the Inspector Gen- tingency Operations/Global War on Ter- mestic Food Programs—Food and Nutrition eral’’ in title III of division B of the CARES rorism or as an emergency requirement pur- Service—Commodity Assistance Program’’ Act (Public Law 116–136), are hereby re- suant to section 251(b)(2)(A) of the Balanced may be apportioned up to the rate for oper- scinded, and, in addition to amounts other- Budget and Emergency Deficit Control Act ations necessary to maintain current pro- wise provided by section 101, an amount of of 1985 or as being for disaster relief pursuant gram caseload in the Commodity Supple- additional new budget authority equivalent to section 251(b)(2)(D) of such Act is des- mental Food Program. to the amount rescinded pursuant to this ignated by the Congress for Overseas Contin- SEC. 119. Amounts made available by sec- subsection is hereby appropriated on Sep- gency Operations/Global War on Terrorism tion 101 for ‘‘Farm Service Agency—Agricul- tember 30, 2020, for an additional amount for or as an emergency requirement pursuant to tural Credit Insurance Fund Program Ac- fiscal year 2020, to remain available until section 251(b)(2)(A) of such Act or as being count’’ may be apportioned up to the rate for September 30, 2021, and shall be available for for disaster relief pursuant to section operations necessary to accommodate ap- the same purposes, in addition to other funds 251(b)(2)(D) of such Act, respectively. proved applications for direct and guaran- as may be available for such purposes, and (b) Section 6 of Public Law 116–94 shall teed farm ownership loans, as authorized by under the same authorities for which the apply to amounts designated in subsection 7 U.S.C. 1922 et seq. funds were originally provided in Public Law (a) and sections 126 and 163 of this Act for SEC. 120. Section 260 of the Agricultural 116–136: Provided, That the amounts re- Overseas Contingency Operations/Global War Marketing Act of 1946 (7 U.S.C. 1636i) and scinded pursuant to this subsection that on Terrorism or as an emergency require- section 942 of the Livestock Mandatory Re- were previously designated by the Congress ment. porting Act of 1999 (7 U.S.C. 1635 note; Public as an emergency requirement pursuant to (c) This section shall become effective im- Law 106–78) shall be applied by substituting section 251(b)(2)(A)(i) of the Balanced Budget mediately upon enactment of this Act, and the date specified in section 106(3) of this Act and Emergency Deficit Control Act of 1985 shall remain in effect through the date in for ‘‘September 30, 2020’’. are designated by the Congress as an emer- section 106(3). SEC. 121. (a) Sections 7(j)(5), 7A(l)(4), and gency requirement pursuant to section SEC. 115. (a) Rescissions or cancellations of 21(e) of the United States Grain Standards 251(b)(2)(A)(i) of that Act: Provided further, discretionary budget authority that con- Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e)) shall be That such amount is designated by the Con- tinue pursuant to section 101 in Treasury Ap- applied by substituting the date specified in gress as being for an emergency requirement propriations Fund Symbols (TAFS)— section 106(3) of this Act for ‘‘September 30, pursuant to section 251(b)(2)(A)(i) of the Bal- (1) to which other appropriations are not 2020’’ each place it appears. anced Budget and Emergency Deficit Control provided by this Act, but for which there is (b) Sections 7D and 19 of the United States Act of 1985. a current applicable TAFS that does receive Grain Standards Act (7 U.S.C. 79d, 87h) shall (b)(1) This section shall become effective an appropriation in this Act; or be applied by substituting ‘‘2021’’ for ‘‘2020’’. immediately upon enactment of this Act. (2) which are no-year TAFS and receive SEC. 122. Section 7605(b) of the Agriculture (2) If this Act is enacted after September other appropriations in this Act, Improvement Act of 2018 (7 U.S.C. 5940 note; 30, 2020, or if the designation in section 114(b) may be continued instead by reducing the Public Law 115–334) is amended by striking occurs after September 30, 2020, this section rate for operations otherwise provided by ‘‘the date that is 1 year after the date on shall be applied as if it were in effect on Sep- section 101 for such current applicable TAFS, which the Secretary establishes a plan under tember 30, 2020. as long as doing so does not impinge on the section 297C of the Agricultural Marketing SEC. 127. (a) No funds shall be transferred final funding prerogatives of the Congress. Act of 1946’’ and inserting ‘‘September 30, directly from ‘‘Department of Energy— (b) Rescissions or cancellations described 2021’’. Power Marketing Administration—Colorado in subsection (a) shall continue in an amount SEC. 123. Notwithstanding section 101, the River Basins Power Marketing Fund, West- equal to the lesser of— second paragraph under the heading ‘‘De- ern Area Power Administration’’ to the gen- (1) the amount specified for rescission or partment of Health and Human Services— eral fund of the Treasury in fiscal year 2020. cancellation in the applicable appropriations Food and Drug Administration—Salaries and (b)(1) This section shall become effective Act referenced in section 101 of this Act; or Expenses’’ in title VI of division B of Public immediately upon enactment of this Act. (2) the amount of balances available, as of Law 116–94 shall be applied by striking ‘‘, (2) If this Act is enacted after September October 1, 2020, from the funds specified for contingent upon the enactment of the Over- 30, 2020, this section shall be applied as if it rescission or cancellation in the applicable the-Counter Monograph User Fee Act of were in effect on September 30, 2020. appropriations Act referenced in section 101 2019,’’. SEC. 128. (a) Section 104(c) of the Reclama- of this Act. SEC. 124. Notwithstanding section 101, tion States Emergency Drought Relief Act of (c) No later than November 20, 2020, the Di- amounts are provided for ‘‘Department of 1991 (43 U.S.C. 2214(c)) shall be applied by rector of the Office of Management and Commerce—Bureau of the Census—Periodic substituting the date specified in section Budget shall provide to the Committees on Censuses and Programs’’ at a rate for oper- 106(3) of this Act for ‘‘September 30, 2020’’. Appropriations of the House of Representa- ations of $1,514,709,000: Provided, That (b) Section 301 of the Reclamation States tives and the Senate a comprehensive list of amounts made available under such heading Emergency Drought Relief Act of 1991 (43
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4691 U.S.C. 2241) shall be applied by substituting rate for operations necessary for monthly set forth in H.R. 7669 and the accompanying ‘‘2006 through 2021’’ for ‘‘2006 through 2020’’. rental of space operations. House Report 116–458, as reported by the SEC. 129. Section 3007(a)(5)(A)(i)(II)(bb) of SEC. 136. Notwithstanding section 101, for House Committee on Appropriations on July the Scholarships for Opportunity and Re- expenses of the Office of Administration to 15, 2020. sults Act (sec. 38–1853.07(a)(5)(A)(i)(II)(bb), carry out the Presidential Transition Act of SEC. 145. Amounts made available by sec- D.C. Official Code) is amended by striking ‘‘5 1963, as amended, and similar expenses, in tion 101 to the Department of Homeland Se- years’’ and inserting ‘‘6 years’’. addition to amounts otherwise appropriated curity under the heading ‘‘Federal Emer- SEC. 130. Notwithstanding any other provi- by law, amounts are provided to ‘‘Presi- gency Management Agency—Disaster Relief sion of this Act, except section 106, the Dis- dential Transition Administrative Support’’ Fund’’ may be apportioned up to the rate for trict of Columbia may expend local funds at a rate for operations of $8,000,000: Pro- operations necessary to carry out response made available under the heading ‘‘District vided, That such funds may be transferred to and recovery activities under the Robert T. of Columbia—District of Columbia Funds’’ other accounts that provide funding for of- Stafford Disaster Relief and Emergency As- for such programs and activities under the fices within the Executive Office of the sistance Act (42 U.S.C. 5121 et seq.). District of Columbia Appropriations Act, President and the Office of the Vice Presi- SEC. 146. (a) Section 1309(a) of the National 2020 (title IV of division C of Public Law 116– dent in this Act or any other Act, to carry Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) 93) at the rate set forth in the Fiscal Year out such purposes: Provided further, That is amended by striking ‘‘September 30, 2019’’ 2021 Local Budget Act of 2020 (D.C. Act 23– such amounts may be apportioned up to the and inserting ‘‘September 30, 2021’’. 408), as modified as of the date of enactment rate for operations necessary to carry out (b) Section 1319 of the National Flood In- of this Act. such responsibilities. surance Act of 1968 (42 U.S.C. 4026) is amend- SEC. 131. In addition to the amounts other- SEC. 137. In addition to amounts provided ed by striking ‘‘September 30, 2019’’ and in- wise provided by section 101, for ‘‘District of in section 101, an additional amount is pro- serting ‘‘September 30, 2021’’. Columbia—Federal Payment for Emergency vided for ‘‘National Archives and Records (c)(1) This section shall become effective Planning and Security Costs in the District Administration—Operating Expenses’’ to immediately upon enactment of this Act. of Columbia’’, there is appropriated carry out transition responsibilities of the (2) If this Act is enacted after September $13,000,000, for an additional amount for fis- Archivist of the United States under sections 30, 2020, this section shall be applied as if it cal year 2021, to remain available until ex- 2201 through 2207 of title 44, United States were in effect on September 30, 2020. pended, for costs associated with the Presi- Code (commonly known as the ‘‘Presidential SEC. 147. (a) Notwithstanding section 101, dential Inauguration held in January 2021. Records Act of 1978’’) in the event of a Presi- the following shall be applied by substituting SEC. 132. Notwithstanding section 101, the dential Transition at a rate for operations of ‘‘$0’’ for— matter preceding the first proviso under the $18,000,000: Provided, That such amounts may (1) ‘‘$32,300,000’’ in the first paragraph heading ‘‘Small Business Administration— be apportioned up to the rate for operations under the heading ‘‘Bureau of Land Manage- Business Loans Program Account’’ in title V necessary to carry out such responsibilities. ment—Land Acquisition’’; of division C of Public Law 116–93 shall be ap- SEC. 138. Amounts made available by sec- (2) ‘‘$10,000,000’’, and ‘‘$320,000’’ in the first plied by substituting ‘‘$15,000,000’’ for tion 101 for ‘‘Office of Personnel Manage- paragraph under the heading ‘‘United States ‘‘$99,000,000’’ and the third proviso shall be ment—Salaries and Expenses’’, including Fish and Wildlife Service—Land Acquisi- applied as if the language read as follows: amounts to be transferred from the appro- tion’’; ‘‘Provided further, That commitments for priate trust funds of the Office of Personnel (3) ‘‘$3,628,000’’ in the second paragraph general business loans authorized under Management without regard to other stat- under the heading ‘‘United States Fish and paragraphs (1) through (35) of section 7(a) of utes, may be apportioned up to the rate for Wildlife Service—Land Acquisition’’; the Small Business Act shall not exceed operations necessary to cover any expected (4) ‘‘$30,800,000’’ and ‘‘$23,702,000’’ for $30,000,000,000 for a combination of amor- shortfall in administrative expenses result- ‘‘$54,502,000’’ in the first paragraph under the tizing term loans and the aggregated max- ing from the transfer of the National Back- heading ‘‘United States Fish and Wildlife imum line of credit provided by revolving ground Investigations Bureau function to Service—Cooperative Endangered Species loans:’’: Provided, That amounts made avail- the Department of Defense. Conservation Fund’’; able under such heading by this Act may be SEC. 139. Section 2(b)(2)(C)(i) of the Tem- (5) ‘‘$208,400,000’’, ‘‘$140,000,000’’, and apportioned up to the rate for operations porary Bankruptcy Judgeships Extension ‘‘$13,000,000’’ in the first paragraph under the necessary to accommodate increased demand Act of 2012 (28 U.S.C. 152 note; Public Law heading ‘‘National Park Service—Land Ac- for commitments for general business loans 112–121) is amended (with regard to the 1st quisition and State Assistance’’; authorized under paragraphs (1) through (35) vacancy in the eastern district of Tennessee) (6) ‘‘$63,990,000’’ and ‘‘$283,000,000’’ for of section 7(a) of the Small Business Act (15 by striking ‘‘5 years’’ and inserting ‘‘9 ‘‘$346,990,000’’ under the heading ‘‘Forest U.S.C. 636(a)) and for commitments to guar- years’’. Service—State and Private Forestry’’; and antee loans for debentures under section SEC. 140. Section 3610 of division A of the (7) ‘‘$78,898,000’’ in the first paragraph 303(b) of the Small Business Investment Act CARES Act (Public Law 116–136) shall be ap- under the heading ‘‘Forest Service—Land of 1958 (15 U.S.C 683(b)). plied by substituting the date in section Acquisition’’. SEC. 133. Amounts made available by sec- 106(3) of this Act for ‘‘September 30, 2020’’. (b) Notwithstanding section 101, the first tion 101 for ‘‘Small Business Administra- SEC. 141. Amounts made available by sec- paragraph under the heading ‘‘United States tion—Disaster Loans Program Account’’ tion 101 to the Department of Homeland Se- Fish and Wildlife Service—Land Acquisi- may be apportioned up to the rate for oper- curity for ‘‘Office of the Secretary and Exec- tion’’ shall be applied by substituting ations necessary to accommodate increased utive Management—Operations and Sup- ‘‘$7,550,000’’ for ‘‘$70,715,000’’. demand for commitments for disaster admin- port’’, ‘‘Management Directorate—Oper- (c) Amounts made available by section 101 istrative expenses. ations and Support’’, and ‘‘Intelligence, to the Department of the Interior for ‘‘De- SEC. 134. (a) Notwithstanding section 101, Analysis, and Operations Coordination—Op- partmental Offices—Office of the Secretary— amounts are provided for ‘‘General Services erations and Support’’ may be apportioned Departmental Operations’’ may be appor- Administration—Expenses, Presidential up to the rate for operations necessary to tioned up to the rate for operations nec- Transition’’ for necessary expenses to carry carry out activities previously funded by the essary to fund the Appraisal and Valuation out the Presidential Transition Act of 1963 (3 Working Capital Fund of the Department of Services Office and such amounts shall be U.S.C. 102 note), at a rate for operations of Homeland Security, consistent with the fis- derived from the Land and Water Conserva- $9,900,000, of which not to exceed $1,000,000 is cal year 2021 President’s Budget proposal, tion Fund. for activities authorized by sections 3(a)(8) submitted pursuant to section 1105(a) of title SEC. 148. Amounts made available by sec- and 3(a)(9) of such Act: Provided, That such 31, United States Code, and accompanying tion 101 to the Forest Service may be obli- amounts may be transferred and credited to justification materials. gated in the account and budget structure the ‘‘Acquisition Services Fund’’ or ‘‘Federal SEC. 142. Amounts made available by sec- set forth in the table provided by the Sec- Buildings Fund’’ to reimburse obligations in- tion 101 to the Department of Homeland Se- retary of Agriculture to the Committees on curred prior to enactment of this Act for the curity under the heading ‘‘Coast Guard—Op- Appropriations of the Senate and the House purposes provided herein related to the Pres- erations and Support’’ may be available for of Representatives prior to the end of fiscal idential election in 2020: Provided further, the pay and benefits of Coast Guard Yard and year 2020 pursuant to section 435(d) of the That amounts available under this section Vessel Documentation personnel, Non-Ap- Department of the Interior, Environment, shall be in addition to any other amounts propriated Funds personnel, and for Morale, and Related Agencies Appropriations Act, available for such purposes. Welfare and Recreation Programs. 2020 (division D of Public Law 116–94): Pro- (b) Notwithstanding section 101, no funds SEC. 143. Section 9307(f)(1) of title 46, vided, That amounts made available by sec- are provided by this Act for ‘‘General Serv- United States Code shall be applied by sub- tion 101 under the heading ‘‘Forest Service— ices Administration—Pre-Election Presi- stituting the date specified in section 106(3) National Forest System’’ shall be available dential Transition’’. of this Act for ‘‘September 30, 2020’’. for the base salary and expenses of employ- SEC. 135. Amounts made available by sec- SEC. 144. Amounts made available by sec- ees that carry out the functions funded by tion 101 for ‘‘General Services Administra- tion 101 to the Department of Homeland Se- the ‘‘Capital Improvement and Mainte- tion—Real Property Activities—Federal curity under the heading ‘‘Cybersecurity and nance’’ account, the ‘‘Range Betterment Buildings Fund—Limitations on Availability Infrastructure Security Agency’’ may be ob- Fund’’ account, and the ‘‘Management of Na- of Revenue’’ may be apportioned up to the ligated in the account and budget structure tional Forests for Subsistence Uses’’ account
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and may be apportioned up to the rate for applied by substituting the date specified in (C) CLASSIFICATION OF BUDGETARY EF- operations necessary to fund such base sal- section 106(3) of this Act for ‘‘September 30, FECTS.—Notwithstanding Rule 3 of the Budg- ary and expenses of such employees. 2020’’. et Scorekeeping Guidelines set forth in the SEC. 149. Activities authorized by part A of SEC. 155. Section 458(a)(4) of the Higher joint explanatory statement of the com- title IV and section 1108(b) of the Social Se- Education Act of 1965 (20 U.S.C. 1087h(a)(4)) mittee of conference accompanying Con- curity Act shall continue through the date shall be applied through the date specified in ference Report 105–217 and section 250(c)(7) specified in section 106(3) of this Act, in the section 106(3) of this Act by substituting and (c)(8) of the Balanced Budget and Emer- manner authorized for fiscal year 2020, and ‘‘2021’’ for ‘‘2020’’. gency Deficit Control Act of 1985, the budg- out of any money in the Treasury of the SEC. 156. (a) The remaining unobligated etary effects of this subsection— United States not otherwise appropriated, balances of funds as of September 30, 2020, (i) shall not be estimated for purposes of there are hereby appropriated such sums as from amounts made available to ‘‘Corpora- section 251 of such Act; may be necessary for such purpose: Provided, tion for National and Community Service— (ii) shall not be estimated for purposes of That grants under section 418 of the Social Salaries and Expenses’’ in title IV of division paragraph (4)(C) of section 3 of the Statutory Security Act shall be issued on the same A of the Further Consolidated Appropria- Pay As-You-Go Act of 2010 as being included basis as grants under section 403(a)(1) of such tions Act, 2020 (Public Law 116–94), are here- in an appropriation Act; and Act. by rescinded, and in addition to amounts (iii) shall be treated as if they were con- SEC. 150. (a) The remaining unobligated otherwise provided by section 101, an amount tained in a PAYGO Act, as defined by section balances of funds as of September 30, 2020, of additional new budget authority equiva- 3(7) of the Statutory Pay-As-You-Go Act of from amounts credited and merged pursuant lent to the amount rescinded pursuant to 2010 (2 U.S.C. 932(7)). to the second proviso under the heading ‘‘De- this subsection is hereby appropriated on (e)(1) This section shall become effective partment of Health and Human Services— September 30, 2020, for an additional amount immediately upon enactment of this Act. Centers for Disease Control and Prevention— for fiscal year 2020, to remain available until (2) If this Act is enacted after September Buildings and Facilities’’ in title II of the September 30, 2021, and shall be available for 30, 2020, this section shall be applied as if it Departments of Labor, Health and Human the same purposes, in addition to other funds were in effect on September 30, 2020. Services, Education, and Related Agencies as may be available for such purposes, and SEC. 157. Notwithstanding any other provi- Appropriations Act, 2016 (division H of Pub- under the same authorities for which the sion of this Act, there is hereby appropriated lic Law 114–113) are hereby rescinded, and, in funds were originally provided in Public Law for fiscal year 2021 for payment to the John addition to amounts otherwise provided by 116–94. R. Lewis Revocable Trust, beneficiary of John R. Lewis, late a Representative from section 101, an amount of additional new (b) The remaining unobligated balances of the State of Georgia, $174,000. budget authority equivalent to the amount funds as of September 30, 2020, from amounts made available to ‘‘Corporation for National SEC. 158. Notwithstanding section 101, rescinded pursuant to this subsection is amounts are provided for ‘‘House of Rep- hereby appropriated on September 30, 2020, and Community Service—Operating Ex- penses’’ in title IV of division A of the Fur- resentatives—Salaries and Expenses’’ at a for an additional amount for fiscal year 2020, rate for operations of $1,383,725,000. to remain available until September 30, 2025, ther Consolidated Appropriations Act, 2020 (Public Law 116–94), are hereby rescinded, SEC. 159. Notwithstanding any other provi- and shall be available for the same purposes, sion of this Act— in addition to other funds as may be avail- and in addition to amounts otherwise pro- vided by section 101, an amount of additional (1) the authority of the Library of Congress able for such purposes, and under the same to reimburse the Little Scholars Child De- authorities for which the funds were origi- new budget authority equivalent to the amount rescinded pursuant to this sub- velopment Center at the Library of Congress nally transferred and merged pursuant to under section 19004 of the CARES Act (2 Public Law 114–113. section is hereby appropriated on September 30, 2020, for an additional amount for fiscal U.S.C. 162b note; 134 Stat. 578) shall remain (b)(1) This section shall become effective in effect with respect to salaries incurred immediately upon enactment of this Act. year 2020, to remain available until Sep- tember 30, 2021, and shall be available for the until the termination of the public health (2) If this Act is enacted after September emergency declared pursuant to section 319 30, 2020, this section shall be applied as if it same purposes, in addition to other funds as may be available for such purposes, and of the Public Health Service Act (42 U.S.C. were in effect on September 30, 2020. 247d) resulting from the COVID–19 pandemic; SEC. 151. (a) Notwithstanding section 101, under the same authorities for which the funds were originally provided in Public Law and section 529 of division A of Public Law 116–94 (2) the authority of the Government Ac- shall be applied by substituting 116–94: Provided, That any amounts appro- priated by the preceding proviso shall not be countability Office to reimburse the Tiny ‘‘$1,150,000,000’’ for ‘‘$3,169,819,000’’ and by Findings Child Development Center under substituting ‘‘section 2104(a)(24)’’ for ‘‘sec- subject to the allotment requirements other- wise applicable under sections 129(a), (b), (d), section 19009 of the CARES Act (134 Stat. 579) tion 2104(a)(23)’’. shall remain in effect with respect to sala- (b) Notwithstanding section 101, section 530 and (e) of the National and Community Serv- ries incurred until the termination of the of division A of Public Law 116–94 shall be ice Act of 1993. public health emergency declared pursuant applied by substituting ‘‘$11,005,661,000’’ for (c) The remaining unobligated balances of to section 319 of the Public Health Service ‘‘$6,093,181,000’’. funds as of September 30, 2020, from amounts Act (42 U.S.C. 247d) resulting from the SEC. 152. (a) Funds made available in Pub- made available to ‘‘Corporation for National COVID–19 pandemic. lic Law 113–235 to the accounts of the Na- and Community Service—Office of Inspector (3) Section 19005(a) of the CARES Act (2 tional Institutes of Health that were avail- General’’ in title IV of division A of the Fur- U.S.C. 1816b note; 134 Stat. 578) shall be able for obligation through fiscal year 2015 ther Consolidated Appropriations Act, 2020 amended by striking ‘‘for not more than 16 and were obligated for multi-year research (Public Law 116–94), are hereby rescinded, weeks’’ and inserting in its place ‘‘until the grants shall be available through fiscal year and in addition to amounts otherwise pro- termination of the public health emergency 2021 for the liquidation of valid obligations vided by section 101, an amount of additional declared pursuant to section 319 of the Pub- incurred in fiscal year 2015 if the Director of new budget authority equivalent to the lic Health Service Act (42 U.S.C. 247d) result- the National Institutes of Health determines amount rescinded pursuant to this sub- ing from the COVID–19 pandemic’’. the project suffered an interruption of ac- section is hereby appropriated on September 30, 2020, for an additional amount for fiscal SEC. 160. (a) EXTENSION.—Notwithstanding tivities attributable to SARS–CoV–2. sections 3902(a) and 3904(b) of title 41, United (b)(1) This section shall become effective year 2020, to remain available until Sep- tember 30, 2021, and shall be available for the States Code, if the performance or delivery immediately upon enactment of this Act. of services procured under a severable serv- same purposes, in addition to other funds as (2) If this Act is enacted after September ice contract of the Library of Congress is de- may be available for such purposes, and 30, 2020, this section shall be applied as if it layed or otherwise affected by the COVID–19 under the same authorities for which the were in effect on September 30, 2020. Pandemic, the period for the performance or funds were originally provided in Public Law SEC. 153. (a) Funds made available in Pub- delivery of services under the contract may lic Law 113–76 under the heading ‘‘Rehabili- 116–94. be extended for a period equivalent to the (d)(1) Section 3514(b) of title III of division tation Services and Disability Research’’ delay or suspension of services, but not ex- A of Public Law 116–136 is hereby repealed, that were available for obligation through ceeding an additional 12 months. and such section shall be applied hereafter as fiscal year 2015 for the Automated Personal- (b) CONTRACTS COVERED.—This section ap- ization Computing Project pursuant to the if such subsection had never been enacted. plies with respect to contracts for severable first four provisos under that heading in that (2)(A) IN GENERAL.—The amounts provided services procured for a period beginning in Act are to remain available through fiscal under this subsection are designated as an fiscal year 2019 or fiscal year 2020. year 2021 for the liquidation of valid obliga- emergency requirement pursuant to section SEC. 161. Effective upon enactment of this tions incurred in fiscal years 2014 or 2015. 4(g) of the Statutory Pay-As-You-Go Act of Act, the matter preceding the first proviso (b)(1) This section shall become effective 2010 (2 U.S.C. 933(g)). under the heading ‘‘Department of Veterans immediately upon enactment of this Act. (B) DESIGNATION IN THE SENATE.—In the Affairs—Veterans Benefits Administration— (2) If this Act is enacted after September Senate, this subsection is designated as an Compensation and Pensions’’ in division F of 30, 2020, this section shall be applied as if it emergency requirement pursuant to section Public Law 116–94 is amended by replacing were in effect on September 30, 2020. 4112(a) of H. Con. Res. 71 (115th Congress), the ‘‘shall become available on October 1, 2020:’’ SEC. 154. Section 114(f) of the Higher Edu- concurrent resolution on the budget for fis- with ‘‘, to remain available until expended cation Act of 1965 (20 U.S.C. 1011c(f)) shall be cal year 2018. and to become available on October 1, 2020:’’.
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SEC. 162. Amounts made available by sec- (c) Amounts made available by section 101 heading ‘‘Government National Mortgage tion 101 for ‘‘Department of Veterans Af- to the Department of State for ‘‘Diplomatic Association—Guarantees of Mortgage- fairs—Departmental Administration—Vet- Programs’’ may be apportioned up to the Backed Securities Loan Guarantee Program erans Electronic Health Record’’ may be ap- rate for operations necessary to sustain con- Account’’ in the Further Consolidated Ap- portioned up to the rate for operations nec- sular operations, and the obligation of such propriations Act, 2020 (Public Law 116–94) essary to maintain support activities related apportioned funds shall be subject to the reg- shall be applied by substituting to implementation and maintenance of a ular notification procedures of the Commit- ‘‘$1,278,000,000,000’’ for ‘‘$550,000,000,000’’: Pro- Veterans Electronic Health Record system, tees on Appropriations. vided, That amounts made available under including contractual costs associated with SEC. 167. Notwithstanding any other provi- such heading by this Act may be apportioned operations authorized by section 3109 of title sion of this Act, and subject to the regular up to the rate for operations necessary to ac- 5, United States Code, and salaries and ex- notification procedures of the Committees commodate increased demand for new com- penses of employees hired under titles 5 and on Appropriations, the limitations in section mitments to issue guarantees to carry out 38, United States Code. 7044(e)(2) of division G of Public Law 116–94 the purposes of section 306 of the National SEC. 163. Notwithstanding section 106 of shall not apply to funds made available in Housing Act as amended (12 U.S.C. 1721(g)). this Act, at any time during fiscal year 2021, this Act or in the Department of State, For- SEC. 171. (a) Funds previously made avail- the Secretary of Veterans Affairs may trans- eign Operations, and Related Programs Ap- able in the Consolidated and Further Con- fer up to $140,000,000 of the unobligated bal- propriations Act, 2020, for disaster relief; to tinuing Appropriations Act, 2013 (Public Law ances available under the heading ‘‘Depart- protect human rights, locate and identify 113–6) for the ‘‘Choice Neighborhoods Initia- ment of Veterans Affairs—Veterans Health missing persons, and assist victims of tor- tive’’ that were available for obligation Administration—Medical Services’’ in title ture; to promote justice, accountability, and through fiscal year 2015 are to remain avail- X of division B of the Coronavirus Aid, Re- reconciliation; to enhance maritime security able through fiscal year 2021 for the liquida- lief, and Economic Security Act (Public Law and domain awareness; and for International tion of valid obligations incurred in fiscal 116–136) to the ‘‘Canteen Service Revolving Military Education and Training. years 2013 through 2015. Fund’’ of the Department to prevent, prepare SEC. 168. Section 1334 of the Foreign Affairs (b)(1) This section shall become effective for, and respond to coronavirus, domestically Reform and Restructuring Act of 1998 (22 immediately upon enactment of this Act. or internationally: Provided, That amounts U.S.C. 6553) is amended by striking ‘‘October (2) If this Act is enacted after September so transferred shall be for offsetting the 1, 2020’’ and inserting ‘‘October 1, 2021’’. 30, 2020, this section shall be applied as if it losses resulting from the coronavirus pan- SEC. 169. (a) The remaining unobligated were in effect on September 30, 2020. demic of Veterans Canteen Service collec- balances of funds, as of September 30, 2020, SEC. 172. Amounts made available by sec- tions pursuant to chapter 78 of title 38, from amounts made available to ‘‘Depart- tion 101 to the Department of Housing and United States Code: Provided further, That ment of Transportation—Office of the Sec- Urban Development for ‘‘Housing Pro- the transferred amounts shall be in addition retary—National Infrastructure Invest- grams—Housing for the Elderly’’ may be ap- to any other funds made available for this ments’’ in title I of division K of the Consoli- portioned up to the rate for operations nec- purpose: Provided further, That amounts dated Appropriations Act, 2017 (Public Law essary to— transferred under this section that were pre- 115–31), other than such funds administra- (1) maintain project rental assistance for viously designated by the Congress as an tively allocated to carry out the administra- the elderly under section 202(c)(2) of the emergency requirement pursuant to the Bal- tion and oversight of awards under the na- Housing Act of 1959 (12 U.S.C. 1701q(2)), in- anced Budget and Emergency Deficit Control tional infrastructure investments program, cluding making amendments to contracts for Act of 1985 are designated by the Congress as are hereby rescinded, and in addition to such assistance and renewing expiring con- an emergency requirement pursuant to sec- amounts otherwise provided by section 101, tracts for such assistance for up to a 1-year tion 251(b)(2)(A)(i) of the Balanced Budget an amount of additional new budget author- term; and and Emergency Deficit Control Act of 1985. ity equivalent to the amount rescinded pur- (2) be available to make awards to existing SEC. 164. Amounts made available by sec- suant to this subsection is hereby appro- grantees to continue, without competition, tion 101 to the Department of State for ‘‘Ad- priated on September 30, 2020, for an addi- demonstration programs to test housing ministration of Foreign Affairs—Repatri- tional amount for fiscal year 2020, to remain with services models for the elderly that ation Loans Program Account’’ may be ap- available until September 30, 2021, in addi- demonstrate the potential to delay or avoid portioned up to the rate for operations nec- tion to other funds as may be available for the need for nursing home care. essary to accommodate increased demand for such purposes, and shall be available, with- SEC. 173. Amounts provided by section 111 commitments for repatriation loans author- out additional competition, for completing to the Department of Agriculture for ‘‘Cor- ized by section 4(b)(2)(B) of the State Depart- the funding of awards made pursuant to the porations—Commodity Credit Corporation ment Basic Authorities Act of 1956 (22 U.S.C. fiscal year 2017 National Infrastructure In- Fund—Reimbursement for Net Realized 2671(b)(2)(B)). vestments grants (also known as the Better Losses’’ may be used, prior to the completion SEC. 165. Section 21009 of the Coronavirus Utilizing Investments to Leverage Develop- of the report described in section 2 of the Act Aid, Relief, and Economic Security Act ment, or BUILD grants). of August 17, 1961 (15 U.S.C. 713a-11), to reim- (Public Law 116–136) shall continue in effect (b) The remaining unobligated balances of burse the Commodity Credit Corporation for through the date specified in section 106 of funds, as of September 30, 2020, from net realized losses sustained, but not pre- this Act. amounts made available to ‘‘Department of viously reimbursed, as of September 17, 2020. SEC. 166. (a) During the period covered by Transportation—Office of the Secretary—Na- This Act may be cited as the ‘‘Continuing this Act, section 1(b)(1) of the Passport Act tional Infrastructure Investments’’ in title I Appropriations Act, 2021’’. of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be of division L of the Consolidated Appropria- DIVISION B—SURFACE TRANSPORTATION applied by substituting ‘‘the costs of pro- tions Act, 2018 (Public Law 115–141), other PROGRAM EXTENSION viding consular services’’ for ‘‘such costs’’. than such funds administratively allocated (b) During the period covered by this Act, to carry out the administration and over- TITLE I—SURFACE TRANSPORTATION discretionary amounts made available by sight of awards under the national infra- PROGRAMS section 101 to the Department of State in structure investments program, are hereby SEC. 1101. EXTENSION OF FEDERAL SURFACE title I under the heading ‘‘Administration of rescinded, and in addition to amounts other- TRANSPORTATION PROGRAMS. Foreign Affairs’’ and discretionary unobli- wise provided by section 101, an amount of (a) IN GENERAL.—Except as otherwise pro- gated balances under such heading from additional new budget authority equivalent vided in this division, the requirements, au- prior Acts making appropriations for the De- to the amount rescinded pursuant to this thorities, conditions, eligibilities, limita- partment of State, foreign operations, and subsection is hereby appropriated on Sep- tions, and other provisions authorized under related programs, may be transferred to the tember 30, 2020, for an additional amount for the covered laws, which would otherwise ex- Consular and Border Security Programs ac- fiscal year 2020, to remain available until pire on or cease to apply after September 30, count if the Secretary of State determines September 30, 2021, in addition to other funds 2020, are incorporated by reference and shall and reports to the Committees on Appropria- as may be available for such purposes, and continue in effect through September 30, tions that to do so is necessary to sustain shall be available, without additional com- 2021. consular operations, following consultation petition, for completing the funding of (b) AUTHORIZATION OF APPROPRIATIONS.— with such Committees: Provided, That such awards made pursuant to the fiscal year 2018 (1) HIGHWAY TRUST FUND.— transfer authority is in addition to any National Infrastructure Investments grants (A) HIGHWAY ACCOUNT.—There is authorized transfer authority otherwise available in (also known as the Better Utilizing Invest- to be appropriated from the Highway Ac- this Act and under any other provision of ments to Leverage Development, or BUILD count for fiscal year 2021, for each program law: Provided further, That no amounts may grants). with respect to which amounts are author- be transferred from amounts designated for (c)(1) This section shall become effective ized to be appropriated from such account Overseas Contingency Operations/Global War immediately upon enactment of this Act. for fiscal year 2020, an amount equal to the on Terrorism or as emergency requirements (2) If this Act is enacted after September amount authorized for appropriation with re- pursuant to a concurrent resolution on the 30, 2020, this section shall be applied as if it spect to the program from such account budget or section 251(b)(2)(A) of the Balanced were in effect on September 30, 2020. under the covered laws for fiscal year 2020. Budget and Emergency Deficit Control Act SEC. 170. Notwithstanding section 101, the (B) MASS TRANSIT ACCOUNT.—There is au- of 1985. matter preceding the first proviso under the thorized to be appropriated from the Mass
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Transit Account for fiscal year 2021, for each SEC. 1104. RAIL-RELATED PROVISIONS. ‘‘(f) ADDITIONAL TRANSFER TO TRUST program with respect to which amounts are (a) FEDERAL FUNDING FOR OPERATING FUND.—Out of money in the Treasury not authorized to be appropriated from such ac- LOSSES.—Section 24321 of title 49, United otherwise appropriated, there is hereby ap- count for fiscal year 2020, an amount equal States Code, is amended— propriated $14,000,000,000 to the Airport and to the amount authorized for appropriation (1) by striking subsection (d); and Airway Trust Fund.’’. with respect to the program from such ac- (2) by redesignating subsection (e) as sub- DIVISION C—HEALTH EXTENDERS count under the covered laws for fiscal year section (d). TITLE I—PUBLIC HEALTH EXTENDERS 2020. (b) DIRECT LOANS AND LOAN GUARANTEES.— Section 502(b)(3) of the Railroad Revitaliza- SEC. 2101. COMMUNITY HEALTH CENTERS, NA- (2) GENERAL FUND.—There is authorized to TIONAL HEALTH SERVICE CORPS, be appropriated for fiscal year 2021, for each tion and Regulatory Reform Act of 1976 (45 AND TEACHING HEALTH CENTERS program under the covered laws with respect U.S.C. 822(b)(3)) is amended by striking ‘‘Sep- THAT OPERATE GRADUATE MED- to which amounts are authorized to be ap- tember 30, 2020’’ and inserting ‘‘September ICAL EDUCATION PROGRAMS. propriated for fiscal year 2020 from an ac- 30, 2021’’. (a) COMMUNITY HEALTH CENTERS.—Section count other than the Highway Account or SEC. 1105. SUSPENSION FOR EXTENSION PERIOD 10503(b)(1)(F) of the Patient Protection and the Mass Transit Account, an amount that is OF ADJUSTMENTS FOR ADDITIONAL Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) not less than the amount authorized for ap- DEPOSITS INTO HIGHWAY TRUST is amended— FUND. propriation with respect to the program (1) by striking ‘‘$668,493,151’’ and inserting Section 105 of title 23, United States Code, under the covered laws for fiscal year 2020. ‘‘$789,041,096’’; and shall not apply to monies deposited into the (2) by striking ‘‘November 30, 2020’’ and in- (c) USE OF FUNDS.—Amounts authorized to Highway Trust Fund by this division. serting ‘‘December 11, 2020’’. be appropriated for fiscal year 2021 with re- SEC. 1106. PROHIBITION ON USE OF FUNDS. (b) NATIONAL HEALTH SERVICE CORPS.—Sec- spect to a program under subsection (b) shall None of the funds authorized in this divi- tion 10503(b)(2)(H) of the Patient Protection be distributed, administered, limited, and sion or any other Act may be used to adjust and Affordable Care Act (42 U.S.C. 254b– made available for obligation in the same apportionments for the Mass Transit Ac- 2(b)(2)(H)) is amended— manner as amounts authorized to be appro- count of the Highway Trust Fund or with- (1) by striking ‘‘$51,808,219’’ and inserting priated with respect to the program for fiscal hold funds from apportionments for the Mass ‘‘$61,150,685’’; and year 2020 under the covered laws. Transit Account of the Highway Trust Fund (2) by striking ‘‘November 30, 2020’’ and in- (d) OBLIGATION LIMITATION.—A program for pursuant to section 9503(e)(4) of the Internal serting ‘‘December 11, 2020’’. which amounts are authorized to be appro- Revenue Code of 1986 in fiscal year 2021. (c) TEACHING HEALTH CENTERS THAT OPER- priated under subsection (b)(1) shall be sub- SEC. 1107. APPALACHIAN REGIONAL COMMIS- ATE GRADUATE MEDICAL EDUCATION PRO- ject to a limitation on obligations for fiscal SION. GRAMS.—Section 340H(g)(1) of the Public year 2021 in the same amount and in the (a) AUTHORIZATION OF APPROPRIATIONS.— Health Service Act (42 U.S.C. 256h(g)(1)) is same manner as the limitation applicable Section 14703 of title 40, United States Code, amended— with respect to the program for fiscal year is amended— (1) by striking ‘‘$21,141,096’’ and inserting 2020. (1) in subsection (a)(5) by striking ‘‘2020’’ ‘‘$24,953,425’’; and (e) DEFINITIONS.—In this section: and inserting ‘‘2021’’; and (2) by striking ‘‘November 30, 2020’’ and in- (1) COVERED LAWS.—The term ‘‘covered (2) in subsection (c) by striking ‘‘2020’’ and serting ‘‘December 11, 2020’’. laws’’ means the following: inserting ‘‘2021’’. (d) APPLICATION OF PROVISIONS.—Amounts (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, (b) TERMINATION.—Section 14704 of title 40, appropriated pursuant to the amendments and XXIV of the FAST Act (Public Law 114– United States Code, is amended by striking made by this section for the period beginning 94). ‘‘2020’’ and inserting ‘‘2021’’. on October 1, 2020, through December 11, 2020, shall be subject to the requirements con- (B) Division A, division B, subtitle A of TITLE II—TRUST FUNDS tained in Public Law 116–94 for funds for pro- title I and title II of division C, and division SEC. 1201. EXTENSION OF HIGHWAY TRUST FUND grams authorized under sections 330 through E of MAP–21 (Public Law 112–141). EXPENDITURE AUTHORITY. 340 of the Public Health Service Act (42 (C) Titles I, II, and III of the SAFETEA–LU Section 9503 of the Internal Revenue Code U.S.C. 254 through 256). Technical Corrections Act of 2008 (Public of 1986 is amended— (e) CONFORMING AMENDMENT.—Paragraph Law 110–244). (1) by striking ‘‘October 1, 2020’’ in sub- (4) of section 3014(h) of title 18, United States (D) Titles I, II, III, IV, V, and VI of sections (b)(6)(B), (c)(1), and (e)(3) and insert- Code, is amended— SAFETEA–LU (Public Law 109–59). ing ‘‘October 1, 2021’’; and (1) by striking ‘‘Social Services Act,,,’’ and (E) Titles I, II, III, IV, and V of the Trans- (2) by striking ‘‘FAST Act’’ in subsections inserting ‘‘Social Services Act,’’; and portation Equity Act for the 21st Century (c)(1) and (e)(3) and inserting ‘‘Continuing (2) by striking ‘‘and section 3831 of the (Public Law 105–178). Appropriations Act, 2021 and Other Exten- CARES Act’’ and inserting ‘‘, section 3831 of (F) Titles II, III, and IV of the National sions Act’’. the CARES Act, and section 2101 of the Con- Highway System Designation Act of 1995 SEC. 1202. SPORT FISH RESTORATION AND BOAT- tinuing Appropriations Act, 2021 and Other (Public Law 104–59). ING TRUST FUND. Extensions Act’’. (G) Titles I, II, III, IV, V, and VI of the Section 9504 of the Internal Revenue Code SEC. 2102. DIABETES PROGRAMS. Intermodal Surface Transportation Effi- of 1986 is amended— (a) SPECIAL DIABETES PROGRAMS FOR TYPE ciency Act of 1991 (Public Law 102–240). (1) by striking ‘‘FAST Act’’ each place it I DIABETES.—Section 330B(b)(2)(D) of the (H) Title 23, United States Code. appears in subsection (b)(2) and inserting Public Health Service Act (42 U.S.C. 254c– (I) Sections 116, 117, 330, 5128, 5505, and 24905 ‘‘Continuing Appropriations Act, 2021 and 2(b)(2)(D)) is amended— and chapters 53, 139, 303, 311, 313, 701, and 702 Other Extensions Act’’; and (1) by striking ‘‘$25,068,493’’ and inserting of title 49, United States Code. (2) by striking ‘‘October 1, 2020’’ in sub- ‘‘$29,589,042’’; and (2) HIGHWAY ACCOUNT.—The term ‘‘Highway section (d)(2) and inserting ‘‘October 1, 2021’’. (2) by striking ‘‘November 30, 2020’’ and in- Account’’ means the portion of the Highway SEC. 1203. LEAKING UNDERGROUND STORAGE serting ‘‘December 11, 2020’’. Trust Fund that is not the Mass Transit Ac- TANK TRUST FUND. (b) SPECIAL DIABETES PROGRAMS FOR INDI- count. Section 9508(e)(2) of the Internal Revenue ANS.—Section 330C(c)(2)(D) of the Public (3) MASS TRANSIT ACCOUNT.—The term Code of 1986 is amended by striking ‘‘October Health Service Act (42 U.S.C. 254c–3(c)(2)(D)) ‘‘Mass Transit Account’’ means the portion 1, 2020’’ and inserting ‘‘October 1, 2021’’. is amended— of the Highway Trust Fund established under SEC. 1204. FURTHER ADDITIONAL TRANSFERS TO (1) by striking ‘‘$25,068,493’’ and inserting section 9503(e)(1) of the Internal Revenue HIGHWAY TRUST FUND. ‘‘$29,589,042’’; and Code of 1986. Subsection (f) of section 9503 of the Inter- (2) by striking ‘‘November 30, 2020’’ and in- nal Revenue Code of 1986 is amended by re- SEC. 1102. NATIONALLY SIGNIFICANT FREIGHT serting ‘‘December 11, 2020’’. AND HIGHWAY PROJECTS. designating paragraph (10) as paragraph (11) SEC. 2103. PERSONAL RESPONSIBILITY EDU- and by inserting after paragraph (9) the fol- CATION. Section 117(d)(2)(A) of title 23, United lowing new paragraph: Section 513 of the Social Security Act (42 States Code, is amended in the matter pre- ‘‘(10) FURTHER TRANSFERS TO TRUST FUND.— U.S.C. 713) is amended by striking ‘‘Novem- ceding clause (i)— Out of money in the Treasury not otherwise ber 30, 2020’’ each place it appears and insert- (1) by striking ‘‘$500,000,000’’ and inserting appropriated, there is hereby appropriated— ing ‘‘December 11, 2020’’. ‘‘$600,000,000’’; and ‘‘(A) $10,400,000,000 to the Highway Account SEC. 2104. SEXUAL RISK AVOIDANCE EDUCATION. (2) by striking ‘‘2020’’ and inserting ‘‘2021’’. (as defined in subsection (e)(5)(B)) in the Section 510 of the Social Security Act (42 SEC. 1103. HIGHWAY SAFETY RESEARCH AND DE- Highway Trust Fund; and U.S.C. 710) is amended— VELOPMENT. ‘‘(B) $3,200,000,000 to the Mass Transit Ac- (1) by striking ‘‘November 30, 2020’’ each Section 403(h)(2) of title 23, United States count in the Highway Trust Fund.’’. place it appears and inserting ‘‘December 11, Code, is amended— SEC. 1205. ADDITIONAL TRANSFER TO TRUST 2020’’; (1) by striking ‘‘2020’’ and inserting ‘‘2021’’; FUND. (2) in subsection (a)(2)(B)(i), by striking and Section 9502 of the Internal Revenue Code ‘‘such period, for fiscal year 2020’’ and insert- (2) by striking ‘‘$21,248,000’’ and inserting of 1986 is amended by adding at the end the ing ‘‘the period described in subparagraph ‘‘$26,560,000’’. following: (A), for fiscal year 2021’’; and
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4695 (3) in subsection (f)(2), by striking ‘‘and of division E of the Bipartisan Budget Act of SEC. 2303. DELAY OF DSH REDUCTIONS. 2019’’ and inserting ‘‘through 2020,’’. 2018 (Public Law 115–123), section 1402 of divi- Section 1923(f)(7)(A) of the Social Security SEC. 2105. RARE PEDIATRIC DISEASE PRIORITY sion B of the Continuing Appropriations Act, Act (42 U.S.C. 1396r–4(f)(7)(A)), as amended by REVIEW VOUCHER EXTENSION. 2020, and Health Extenders Act of 2019 (Pub- section 3813 of the CARES Act (Public Law Section 529(b)(5) of the Federal Food, Drug, lic Law 116– 59), section 1402 of division B of 116–136), is amended— and Cosmetic Act (21 U.S.C. 360ff(b)(5)) is the Further Continuing Appropriations Act, (1) in clause (i), in the matter preceding amended— 2020, and Further Health Extenders Act of subclause (I), by striking ‘‘December 1, 2020’’ (1) by striking ‘‘September 30, 2020’’ each 2019 (Public Law 116–69), section 103 of divi- and inserting ‘‘December 12, 2020’’; and place it appears and inserting ‘‘December 11, sion N of the Further Consolidated Appro- (2) in clause (ii)(I), by striking ‘‘December 2020’’; and priations Act, 2020 (Public Law 116–94), and 1, 2020’’ and inserting ‘‘December 12, 2020’’. (2) in subparagraph (B), by striking ‘‘Sep- section 3803 of the CARES Act (Public Law SEC. 2304. EXTENSION OF COMMUNITY MENTAL tember 30, 2022’’ and inserting ‘‘December 11, 116–136) is amended in clause (xi) by striking HEALTH SERVICES DEMONSTRA- 2022’’. ‘‘November 30, 2020’’ and inserting ‘‘Decem- TION PROGRAM. SEC. 2106. AUTHORIZATION TO ACCUMULATE EX- ber 11, 2020’’. Section 223(d)(3) of the Protecting Access CESS ANNUAL LEAVE. (b) AREA AGENCIES ON AGING.—Subsection to Medicare Act of 2014 (42 U.S.C. 1396a note), (a) IN GENERAL.—Notwithstanding section (b)(1)(B) of such section 119, as so amended, as amended by section 3814 of the CARES 219 of the Public Health Service Act (42 is amended in clause (xi) by striking ‘‘No- Act (Public Law 116–136), is amended by U.S.C. 210–1), a commissioned officer of the vember 30, 2020’’ and inserting ‘‘December 11, striking ‘‘November 30, 2020’’ and inserting Public Health Service who, except for this 2020’’. ‘‘December 11, 2020’’. section, would lose at the end of the fiscal (c) AGING AND DISABILITY RESOURCE CEN- TITLE IV—MEDICARE PART B PREMIUM year 2020 accumulated annual leave in excess TERS.—Subsection (c)(1)(B) of such section ADJUSTMENT 119, as so amended, is amended in clause (xi) of 60 days, may retain such amounts of accu- SEC. 2401. 2021 MEDICARE PART B PREMIUM AND mulated annual leave in excess of 60 days. by striking ‘‘November 30, 2020’’ and insert- DEDUCTIBLE. ing ‘‘December 11, 2020’’. (b) USE OF EXCESS LEAVE.—Annual leave (a) 2021 PREMIUM AND DEDUCTIBLE AND RE- (d) CONTRACT WITH THE NATIONAL CENTER retained pursuant to subsection (a) shall be PAYMENT THROUGH FUTURE PREMIUMS.—Sec- FOR BENEFITS AND OUTREACH ENROLLMENT.— lost unless it is used by the officer no later tion 1839(a) of the Social Security Act (42 Subsection (d)(2) of such section 119, as so than September 30, 2023. U.S.C. 1395r(a)) is amended— amended, is amended in clause (xi) by strik- (c) APPLICABILITY.—This section shall not (1) in the second sentence of paragraph (1), ing ‘‘November 30, 2020’’ and inserting ‘‘De- apply to an officer on terminal leave pre- by striking ‘‘(5) and (6)’’ and inserting ‘‘(5), cember 11, 2020’’. ceding separation, retirement, or release (6), and (7)’’; from active duty, as of the effective date TITLE III—MEDICAID EXTENDERS (2) in paragraph (6)(C)— specified in subsection (d). SEC. 2301. EXTENSION OF MONEY FOLLOWS THE (A) in clause (i), by striking ‘‘section (d) EFFECTIVE DATE.—This section shall be- PERSON REBALANCING DEM- 1844(d)(1)’’ and inserting ‘‘subsections (d)(1) come effective on the earlier of— ONSTRATION. and (e)(1) of section 1844’’; and (1) the date of the enactment of this Act; Section 6071(h)(1)(H) of the Deficit Reduc- (B) in clause (ii), by striking ‘‘paragraph or tion Act of 2005 (42 U.S.C. 1396a note), as in- (5)’’ and inserting ‘‘paragraphs (5) and (7)’’; (2) September 30, 2020. serted by section 3811 of the CARES Act and SEC. 2107. HHS SERVICES AND SUPPLY FUND. (Public Law 116–136), is amended by striking (3) by adding at the end the following: Effective as if included in the enactment of ‘‘November 30, 2020’’ and inserting ‘‘Decem- ‘‘(7)(A) In applying this part (including the paragraph beginning with ‘‘Service and ber 11, 2020’’. subsection (i) and section 1833(b)), the supply fund:’’ under the heading ‘‘Public SEC. 2302. EXTENSION OF SPOUSAL IMPOVERISH- monthly actuarial rate for enrollees age 65 Health Service’’ in the Federal Security MENT PROTECTIONS. and over for 2021 shall be determined to be Agency Appropriation Act, 1946 (42 U.S.C. (a) IN GENERAL.—Section 2404 of the Pa- equal to the sum of— 231), such paragraph shall be applied with re- tient Protection and Affordable Care Act (42 ‘‘(i) the monthly actuarial rate for enroll- spect to any fiscal year as though the phrase U.S.C. 1396r–5 note), as amended by section ees age 65 and over for 2020; plus ‘‘central services’’ referred to central serv- 3812 of the CARES Act (Public Law 116–136), ‘‘(ii) 25 percent of the difference between ices for any Federal agency. is amended by striking ‘‘November 30, 2020’’ such rate for 2020 and the preliminary TITLE II—MEDICARE EXTENDERS and inserting ‘‘December 11, 2020’’. monthly actuarial rate for enrollees age 65 SEC. 2201. EXTENSION OF THE WORK GEO- (b) RULE OF CONSTRUCTION.—Nothing in and over for 2021 (as estimated under sub- GRAPHIC INDEX FLOOR UNDER THE section 2404 of Public Law 111–148 (42 U.S.C. paragraph (B)). MEDICARE PROGRAM. 1396r–5 note) or section 1902(a)(17) or 1924 of ‘‘(B) For purposes of subparagraph (A)(ii), Section 1848(e)(1)(E) of the Social Security the Social Security Act (42 U.S.C. the Secretary shall estimate a preliminary Act (42 U.S.C. 1395w–4(e)(1)(E)), as amended 1396a(a)(17), 1396r–5) shall be construed as monthly actuarial rate for enrollees age 65 by section 3801 of the CARES Act (Public prohibiting a State from— and over for 2021 using the methodology de- Law 116–136), is amended by striking ‘‘De- (1) applying an income or resource dis- scribed in paragraph (1) and as if subpara- cember 1, 2020’’ and inserting ‘‘December 12, regard under a methodology authorized graph (A) of this paragraph did not apply. 2020’’. under section 1902(r)(2) of such Act (42 U.S.C. The Secretary shall make the estimate SEC. 2202. EXTENSION OF FUNDING FOR QUALITY 1396a(r)(2))— under the previous sentence as if the trans- MEASURE ENDORSEMENT, INPUT, (A) to the income or resources of an indi- fers described in section 1844(f)(1) have been AND SELECTION. vidual described in section made.’’. Section 1890(d)(2) of the Social Security 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. (b) TRANSITIONAL GOVERNMENT CONTRIBU- Act (42 U.S.C. 1395aaa(d)(2)), as amended by 1396a(a)(10)(A)(ii)(VI)) (including a disregard TION.—Section 1844 of the Social Security section 3802 of the CARES Act (Public Law of the income or resources of such individ- Act (42 U.S.C. 1395w) is amended— 116–136), is amended— ual’s spouse); or (1) in subsection (a), by adding at the end (1) in the first sentence, by striking ‘‘No- (B) on the basis of an individual’s need for the following new sentence: ‘‘In applying vember 30, 2020’’ and inserting ‘‘December 11, home and community-based services author- paragraph (1), the amounts transferred under 2020’’; and ized under subsection (c), (d), (i), or (k) of subsection (e)(1) with respect to enrollees de- (2) in the third sentence, by striking ‘‘No- section 1915 of such Act (42 U.S.C. 1396n) or scribed in subparagraphs (A) and (B) of such vember 30, 2020’’ and inserting ‘‘December 11, under section 1115 of such Act (42 U.S.C. subsection shall be treated as premiums pay- 2020’’. 1315); or able and deposited in the Trust Fund under SEC. 2203. EXTENSION OF FUNDING OUTREACH (2) disregarding an individual’s spousal in- subparagraphs (A) and (B), respectively, of AND ASSISTANCE FOR LOW-INCOME come and assets under a plan amendment to paragraph (1).’’; and PROGRAMS. provide medical assistance for home and (2) by adding at the end the following: (a) STATE HEALTH INSURANCE PROGRAMS.— community-based services for individuals by ‘‘(e)(1) For 2021, there shall be transferred Subsection (a)(1)(B) of section 119 of the reason of being determined eligible under from the General Fund to the Trust Fund an Medicare Improvements for Patients and section 1902(a)(10)(C) of such Act (42 U.S.C. amount, as estimated by the Chief Actuary Providers Act of 2008 (42 U.S.C. 1395b–3 note), 1396a(a)(10)(C)) or by reason of section 1902(f) of the Centers for Medicare & Medicaid Serv- as amended by section 3306 of the Patient of such Act (42 U.S.C. 1396a(f)) or otherwise ices, equal to the reduction in aggregate pre- Protection and Affordable Care Act (Public on the basis of a reduction of income based miums payable under this part for a month Law 111–148), section 610 of the American on costs incurred for medical or other reme- in such year (excluding any changes in Taxpayer Relief Act of 2012 (Public Law 112– dial care under which the State disregarded amounts collected under section 1839(i)) that 240), section 1110 of the Pathway for SGR Re- the income and assets of the individual’s are attributable to the application of section form Act of 2013 (Public Law 113–67), section spouse in determining the initial and ongo- 1839(a)(7) with respect to— 110 of the Protecting Access to Medicare Act ing financial eligibility of an individual for ‘‘(A) enrollees age 65 and over; and of 2014 (Public Law 113–93), section 208 of the such services in place of the spousal impov- ‘‘(B) enrollees under age 65. Medicare Access and CHIP Reauthorization erishment provisions applied under section Such amounts shall be transferred from time Act of 2015 (Public Law 114–10), section 50207 1924 of such Act (42 U.S.C. 1396r–5). to time as appropriate.
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4696 CONGRESSIONAL RECORD — HOUSE September 22, 2020
‘‘(2) Premium increases affected under sec- (C) APPLICATION TO OTHER PART A PRO- of such last year occurring during such pe- tion 1839(a)(6) shall not be taken into ac- VIDERS.— riod of the emergency period, shall not ex- count in applying subsection (a). (i) IN GENERAL.—In the case of a payment ceed $10,000,000. ‘‘(3) There shall be transferred from the made under the terms of an applicable pro- (b) INTEREST RATES.— Trust Fund to the General Fund of the gram (as defined in clause (ii)), on or after (1) PART A.— Treasury amounts equivalent to the addi- the date of the enactment of the CARES Act (A) IN GENERAL.—Section 1815(d) of the So- tional premiums payable as a result of the (Public Law 116–136) and so made during the cial Security Act (42 U.S.C. 1395g(d)) is application of section 1839(a)(6), excluding emergency period described in section amended by inserting before the period at the aggregate payments attributable to the 1135(g)(1)(B) of the Social Security Act (42 the end the following: ‘‘(or, in the case of application of section 1839(i)(3)(A)(ii)(II).’’. U.S.C. 1320b–5(g)(1)(B)), upon request of an such a determination made with respect to a (c) ADDITIONAL TRANSITIONAL GOVERNMENT applicable provider (as defined in clause payment made on or after the date of the en- CONTRIBUTION.—Section 1844 of the Social Se- (iii)), the provisions of section 1815(f)(2)(C) of actment of the CARES Act and during the curity Act (42 U.S.C. 1395w), as amended by such Act (42 U.S.C. 1395g(f)(2)(C)), as amend- emergency period described in section subsection (b)(2), is amended by adding at ed by subparagraph (A), shall apply with re- 1135(g)(1)(B) under the program under sub- the end the following: spect to such payment in the same manner section (e)(3), including such program as ex- ‘‘(f)(1) There shall be transferred from the as such provisions apply with respect to a panded pursuant to subsection (f), at a rate General Fund of the Treasury to the Trust payment made under the terms of the pro- of 4 percent)’’. Fund an amount, as estimated by the Chief gram under subsection (e)(3) of section 1815 (B) APPLICATION TO OTHER PART A PRO- Actuary of the Centers for Medicare & Med- of such Act (42 U.S.C. 1395g), including such VIDERS.—In the case of a determination icaid Services, equal to amounts paid in ad- program as expanded pursuant to subsection under section 1815(d) of the Social Security vance for items and services under this part (f) of such section, on or after the date of the Act (42 U.S.C. 1395g(d)) with respect to a pay- during the period beginning on the first day enactment of the CARES Act (Public Law ment made on or after the date of the enact- of the emergency period described in section 116–136) and so made during such emergency ment of the CARES Act (Public Law 116–136) 1135(g)(1)(B) and ending on the date of the en- period. and during the emergency period described actment of this paragraph. (ii) APPLICABLE PROGRAM DEFINED.—In this in section 1135(g)(1)(B) of the Social Security ‘‘(2) There shall be transferred from the clause, the term ‘‘applicable program’’ Act (42 U.S.C. 1320b–5(g)(1)(B)) under an ap- Trust Fund to the General Fund of the means— plicable program (as defined in subsection Treasury amounts equivalent to the sum of— (I) the programs under sections 413.64(g), (a)(1)(C)(ii)), the amendment made by sub- ‘‘(A) the amounts by which claims have 412.541(f), 412.632(e), 412.116(f), 413.350(d), or paragraph (A) shall apply with respect to offset (in whole or in part) the amount of 418.307 of title 42, Code of Federal Regula- such determination in the same manner as such payments described in paragraph (1); tions (or any successor regulations); and such amendment applies with respect to a and (II) any other comparable program under payment made on or after the date of the en- ‘‘(B) the amount of such payments that part A of title XVIII of the Social Security actment of the CARES Act (Public Law 116– have been repaid (in whole or in part). Act, as determined by the Secretary. 136) and during such emergency period under ‘‘(3) Amounts described in paragraphs (1) (iii) APPLICABLE PROVIDER.—In this clause, and (2) shall be transferred from time to the term ‘‘applicable provider’’ means a pro- the program under subsection (e)(3) of sec- time as appropriate.’’. vider of services that is eligible for payment tion 1815 of such Act (42 U.S.C. 1395g), includ- (d) INDENTATION CORRECTION.—Section under an applicable program. ing such program as expanded pursuant to subsection (f) of such section. 1839(i)(3)(A)(ii) of the Social Security Act (42 (2) PART B.— (2) PART B.—Section 1833(j) of the Social U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov- (A) IN GENERAL.—In the case of a payment ing the indentation of subclause (I) two ems made under the terms of the program de- Security Act (42 U.S.C. 1395l(j)) is amended to the right. scribed in section 421.214 of title 42, Code of by inserting before the period at the end the following: ‘‘(or, in the case of such a deter- TITLE V—ACCELERATED AND ADVANCE Federal Regulations (or any successor regu- mination made with respect to a payment PAYMENT PROGRAMS lation) on or after the date of the enactment of the CARES Act (Public Law 116–136) and made on or after the date of the enactment SEC. 2501. MODIFYING ACCELERATED AND AD- of the CARES Act and during the emergency VANCE PAYMENT PROGRAMS UNDER so made during the emergency period de- PARTS A AND B OF THE MEDICARE scribed in section 1135(g)(1)(B) of the Social period described in section 1135(g)(1)(B) PROGRAM DURING THE COVID–19 Security Act (42 U.S.C. 1320b–5(g)(1)(B)), the under the program described in section EMERGENCY. Secretary of Health and Human Services 421.214 of title 42, Code of Federal Regula- (a) SPECIAL REPAYMENT RULES AND OTHER shall, upon request of the provider of serv- tions (or any successor regulation), at a rate MODIFICATIONS.— ices or supplier receiving such payment— of 4 percent)’’. (1) PART A.— (i) provide 1 year before payments for (c) PUBLICATION OF DATA.— (A) IN GENERAL.—Section 1815(f)(2)(C) of items and services furnished by such pro- (1) DATA DURING COVID–19 EMERGENCY.— the Social Security Act (42 U.S.C. vider or supplier are offset to recoup pay- (A) INITIAL PUBLICATION.—Not later than 2 1395g(f)(2)(C)) is amended to read as follows: ments under such program; weeks after the date of the enactment of this ‘‘(C) In the case of a payment made under (ii) provide that any such offset be an section, the Secretary shall post on the pub- the terms of the program under subsection amount equal to— lic website of the Centers for Medicare & (e)(3), including such program as expanded (I) during the first 11 months in which any Medicaid Services data that includes the fol- pursuant to this subsection, on or after the such offsets are made with respect to pay- lowing information with respect to specified date of the enactment of the CARES Act and ment for items and services furnished by payments (as defined in paragraph (3)(E)) so made during the emergency period de- such provider or supplier, 25 percent of the made as of such date and for which data is scribed in section 1135(g)(1)(B), upon request amount of such payment for such items and available: of a hospital, the Secretary shall— services; and (i) The total amount of such payments ‘‘(i) provide 1 year before payments for (II) during the succeeding 6 months, 50 per- made under each applicable payment pro- items and services furnished by the hospital cent of the amount of such payment for such gram (as defined in paragraph (3)(A)), includ- are offset to recoup payments under such items and services; and ing a specification of the percentage of such program; (iii) allow 29 months from the date of the payments so made from the Federal Hospital ‘‘(ii) provide that any such offset be an first payment under such program to such Insurance Trust Fund established under sec- amount equal to— provider or supplier before requiring that the tion 1817 of the Social Security Act (42 ‘‘(I) during the first 11 months in which outstanding balance be paid in full. U.S.C. 1395i) and the percentage of such pay- any such offsets are made with respect to (B) LIMITATION ON FURTHER PART B ADVANCE ments so made from the Federal Supple- payment for items and services furnished by PAYMENTS.—With respect to the period of the mentary Insurance Trust Fund established the hospital, 25 percent of the amount of emergency period described in section under section 1841 of such Act (42 U.S.C. such payment for such items and services; 1135(g)(1)(B) of the Social Security Act (42 1395t) under each such program. and U.S.C. 1320b-5(g)(1)(B)) beginning on the date (ii) The amount of specified payments ‘‘(II) during the succeeding 6 months, 50 of the enactment of this Act, the total made under each such program by type of percent of the amount of such payment for amount of payments made under the terms provider of services or supplier receiving such items and services; and of the program described in section 421.214 of such payments. ‘‘(iii) allow 29 months from the date of the title 42, Code of Federal Regulations (or any (iii) The Centers for Medicare & Medicaid first payment under such program to such successor regulation)— Services certification number or other ap- provider before requiring that the out- (i) for the portion of 2020 occurring during propriate number of, and the amount of such standing balance be paid in full.’’. such period of the emergency period and for payments received by, each provider of serv- (B) AUTHORITY FOR DISCRETION.—Section each year, shall not exceed $10,000,000; ices and supplier receiving such payments. 1815(f)(2)(A)(ii) of the Social Security Act (42 (ii) for each year beginning and ending dur- (B) INTERIM PUBLICATION.—Every 2 weeks U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert- ing such period of the emergency period, thereafter during the emergency period, if ing ‘‘(or, with respect to requests submitted shall not exceed $10,000,000; and any specified payments are made that were to the Secretary after April 26, 2020, (iii) for the last year beginning during such not included in a preceding publication of may)’’after ‘‘shall.’’. period of the emergency period, the portion data under this paragraph, the Secretary
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4697 shall post on the website described in sub- paragraph (2)(A) of such section to a drug de- graph (A) or (B) on a biennial basis by the paragraph (A) data containing the informa- scribed in paragraph (1)(A), such drug shall percentage (if any) by which the Consumer tion described in clauses (i), (ii), and (iii) of be deemed a prescribed drug for purposes of Price Index for All Urban Consumers for the such subparagraph with respect to such spec- subsection (a)(12)).’’. month of June preceding the date on which ified payments. (b) CONFORMING AMENDMENT.—Section such adjustment takes effect exceeds the (2) ADDITIONAL PUBLICATIONS.—Not later 1927(d)(7) of the Social Security Act (42 Consumer Price Index for All Urban Con- than 15 months after the date of the enact- U.S.C. 1396r–8(d)(7)) is amended by adding at sumers for the same month of the second ment of the CARES Act (Public Law 116–136), the end the following new subparagraph: preceding calendar year. The provisions of and every 6 months thereafter until all speci- ‘‘(D) Drugs and biological products de- section 553 of title 5, United States Code, fied payments have been recouped or repaid, scribed in subsection (ee)(1)(A) of section shall not apply to an adjustment authorized the Secretary shall post on the website de- 1905 that are furnished as medical assistance under this subparagraph. scribed in paragraph (1)(A) data that in- in accordance with subsection (a)(29) of such ‘‘(4) USE OF FEE.—Fees collected under this cludes the following: section and section 1902(a)(10)(A).’’. subsection may only be used by U.S. Citizen- (A) The total amount of all specified pay- (c) RETROACTIVE EFFECTIVE DATE.—The ship and Immigration Services to— ments not recouped or repaid under each ap- amendments made by this section shall take ‘‘(A) provide the services described in para- plicable payment program. effect as if included in the enactment of sec- graph (5) to premium processing requestors; (B) The amount of payments made under tion 1006(b) of the SUPPORT for Patients ‘‘(B) make infrastructure improvements in each such program and not recouped or re- and Communities Act (Public Law 115–271; adjudications processes and the provision of paid by type of provider of services or sup- 132 Stat. 3914). information and services to immigration and plier. SEC. 2602. MEDICAID IMPROVEMENT FUND. naturalization benefit requestors; (C) The total amount of specified payments Section 1941(b) of the Social Security Act ‘‘(C) respond to adjudication demands, in- that have been recouped or repaid under each (42 U.S.C. 1396w–1(b)) is amended— cluding by reducing the number of pending such program, including a specification of (1) in paragraph (1), by striking ‘‘2021’’ and immigration and naturalization benefit re- the percentage of such payments so recouped inserting ‘‘2023’’; and quests; and or repaid that have been deposited into the (2) in paragraph (3)(A), by striking ‘‘(D) otherwise offset the cost of providing Federal Hospital Insurance Trust Fund and ‘‘$1,960,000,000’’ and inserting ‘‘$3,446,000,000’’. adjudication and naturalization services. the percentage of such payments so recouped DIVISION D—OTHER MATTERS ‘‘(5) PREMIUM PROCESSING SERVICES.—The or repaid that have been deposited into the Secretary— Federal Supplementary Insurance Trust TITLE I—EMERGENCY STOPGAP USCIS ‘‘(A) may suspend the availability of pre- Fund under each such program. STABILIZATION ACT mium processing for designated immigration (D) The dollar amount of interest that has SEC. 4101. SHORT TITLE. benefit requests only if circumstances pre- been collected with respect to all specified This title may be cited as the ‘‘Emergency vent the completion of processing of a sig- payments under each such program. Stopgap USCIS Stabilization Act’’. nificant number of such requests within the (3) DEFINITIONS.—In this subsection: SECTION 4102. EXPANSION OF PREMIUM PROC- required period; and (A) APPLICABLE PAYMENT PROGRAM.—The ESSING. ‘‘(B) shall ensure that premium processing term ‘‘applicable payment program’’ (a) IN GENERAL.—Section 286(u) of the Im- requestors have direct and reliable access to means— migration and Nationality Act (8 U.S.C. current case status information as well as (i) the program under subsection (e)(3) of 1356(u)) is amended to read as follows: the ability to communicate with the pre- section 1815 of the Social Security Act (42 ‘‘(u) PREMIUM FEE FOR CERTAIN IMMIGRA- mium processing units at each service center U.S.C. 1395g), including such program as ex- TION BENEFIT TYPES.— or office that provides premium processing panded under subsection (f) of such section; ‘‘(1) IN GENERAL.—The Secretary of Home- services.’’. (ii) an applicable program (as defined in land Security is authorized to establish and (b) EXPANSION TO NEW BENEFIT REQUESTS.— subsection (a)(1)(C)(ii) of this section); and collect a premium fee for the immigration (1) IN GENERAL.—Notwithstanding the re- (iii) the program described in section benefit types described in paragraph (2). quirement to set a fee by regulation under 421.214 of title 42, Code of Federal Regula- Such fee shall be paid in addition to any section 286(u)(3)(B) of the Immigration and tions (or any successor regulation). other fees authorized by law, deposited as Nationality Act (8 U.S.C. 1356(u)(3)(B)), as (B) EMERGENCY PERIOD.—The term ‘‘emer- offsetting receipts in the Immigration Ex- amended by subsection (a), the Secretary of gency period’’ means the emergency period aminations Fee Account established under Homeland Security may set a fee under that described in section 1135(g)(1)(B) of the So- subsection (m), and used for the purposes de- section without regard to the provisions of cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)). scribed in paragraph (4). section 553 of title 5, United States Code, if (C) PROVIDER OF SERVICES AND SUPPLIER.— ‘‘(2) IMMIGRATION BENEFIT TYPES.—Subject such fee is consistent with the following: The terms ‘‘provider of services’’ and ‘‘sup- to reasonable conditions or limitations, the (A) For a petition for classification under plier’’ have the meaning given such terms in Secretary shall establish a premium fee section 203(b)(1)(C) of the Immigration and subsections (u) and (d), respectively, of sec- under paragraph (1) in connection with— Nationality Act (8 U.S.C. 1153(b)(1)(C)), or a tion 1861 of such Act (42 U.S.C. 1395x). ‘‘(A) employment-based nonimmigrant pe- petition for classification under section (D) SECRETARY.—The term ‘‘Secretary’’ titions and associated applications for de- 203(b)(2) involving a waiver under section means the Secretary of Health and Human pendents of the beneficiaries of such peti- 203(b)(2)(B) of such Act, the fee is set at an Services. tions; amount not greater than $2,500 and the re- (E) SPECIFIED PAYMENTS.—The term ‘‘speci- ‘‘(B) employment-based immigrant peti- quired processing timeframe is not greater fied payments’’ means payments made under tions filed by or on behalf of aliens described than 45 days. an applicable payment program on or after in paragraph (1), (2), or (3) of section 203(b); (B) For an application under section 248 of the date of the enactment of the CARES Act ‘‘(C) applications to change or extend non- the Immigration and Nationality Act (8 (Public Law 116–136) during the emergency immigrant status; U.S.C. 1258) to change status to a classifica- period. ‘‘(D) applications for employment author- tion described in subparagraph (F), (J), or TITLE VI—OFFSETS ization; and (M) of section 101(a)(15) of such Act (8 U.S.C. ‘‘(E) any other immigration benefit type 1101(a)(15)), the fee is set at an amount not SEC. 2601. INCLUSION IN THE MEDICAID DRUG REBATE PROGRAM OF COVERED that the Secretary deems appropriate for greater than $1,750 and the required proc- OUTPATIENT DRUGS USED FOR premium processing. essing timeframe is not greater than 30 days. MEDICATION-ASSISTED TREATMENT. ‘‘(3) AMOUNT OF FEE.— (C) For an application under section 248 of (a) IN GENERAL.—Section 1905 of the Social ‘‘(A) IN GENERAL.—Subject to subparagraph the Immigration and Nationality Act (8 Security Act (42 U.S.C. 1396d) is amended— (C), with respect to an immigration benefit U.S.C. 1258) to change status to be classified (1) in paragraph (29) of subsection (a)— type designated for premium processing by as a dependent of a nonimmigrant described (A) by moving the margin of such para- the Secretary on or before August 1, 2020, the in subparagraph (E), (H), (L), (O), (P), or (R) graph 2 ems to the right; and premium fee shall be $2,500, except that the of section 101(a)(15) of such Act (8 U.S.C. (B) by striking ‘‘subject to paragraph (2)’’ premium fee for a petition for classification 1101(a)(15)), or to extend such classification, and inserting ‘‘subject to paragraphs (2) and of a nonimmigrant described in subpara- the fee is set at an amount not greater than (3)’’; and graph (H)(ii)(b) or (R) of section 101(a)(15) $1,750 and the required processing timeframe (2) in subsection (ee), by adding at the end shall be $1,500. is not greater than 30 days. the following: ‘‘(B) OTHER IMMIGRATION BENEFIT TYPES.— (D) For an application for employment au- ‘‘(3) APPLICATION OF REBATE REQUIRE- With respect to an immigration benefit type thorization, the fee is set at an amount not MENTS.—The requirements of section 1927 designated for premium processing but not greater than $1,500 and the required proc- shall apply to any drug or biological product described in subparagraph (A), the initial essing timeframe is not greater than 30 days. described in paragraph (1)(A) that is— premium fee shall be established by regula- (2) CLARIFICATION.—The required proc- ‘‘(A) furnished as medical assistance in ac- tion, which shall include a detailed method- essing timeframe for each of the applications cordance with subsection (a)(29) and section ology supporting the proposed premium fee and petitions described in paragraph (1) shall 1902(a)(10)(A); and amount. not commence until the date that all pre- ‘‘(B) a covered outpatient drug (as defined ‘‘(C) BIENNIAL ADJUSTMENT.—The Secretary requisites for adjudication are received by in section 1927(k), except that, in applying may adjust a premium fee under subpara- the Secretary of Homeland Security.
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4698 CONGRESSIONAL RECORD — HOUSE September 22, 2020
(c) OTHER BENEFIT REQUESTS.—In imple- TITLE III—ANTITRUST CRIMINAL PEN- designation of a Head Start agency for which menting the amendments made by sub- ALTY ENHANCEMENT AND REFORM such determination under the schedule de- section (a), the Secretary of Homeland Secu- PERMANENT EXTENSION ACT veloped pursuant to paragraph (9)(C) of such rity shall develop and implement processes SEC. 4301. SHORT TITLE. section 641(c) is required to be made before to ensure that the availability of premium This title may be cited as the ‘‘Antitrust December 31, 2020; and processing, or its expansion to additional im- Criminal Penalty Enhancement and Reform (2) cannot make such determination in ac- migration benefit requests, does not result in Permanent Extension Act’’. cordance with such schedule because the an increase in processing times for immigra- Secretary lacks any information described in SEC. 4302. FINDINGS; PURPOSE. tion benefit requests not designated for pre- any of subparagraphs (A) through (E) of sec- mium processing or an increase in regular (a) FINDINGS.—Congress finds the fol- tion 641(c)(1) of such Act required for the processing of immigration benefit requests lowing: purpose of making such determination; so designated. (1) Conspiracies among competitors to fix then before December 31, 2020, the Secretary prices, rig bids, and allocate markets are shall extend for not more than 2 years the 5- SEC. 4103. REPORTING REQUIREMENTS. categorically and irredeemably anticompeti- year period otherwise applicable to the des- (a) IN GENERAL.—Not later than 180 days tive and contravene the competition policy ignation of such Head Start agency under after the date of the enactment of this Act, of the United States. such Act. (2) Cooperation incentives are important to the Secretary of Homeland Security shall TITLE V—BUDGETARY EFFECTS provide to the appropriate Committees a 5- the efforts of the Antitrust Division of the Department of Justice to prosecute and SEC. 4501. BUDGETARY EFFECTS. year plan, including projected cost esti- (a) STATUTORY PAYGO SCORECARDS.—The mates, procurement strategies, and a project deter the offenses described in paragraph (1). (b) PURPOSE.—The purpose of this Act, and budgetary effects of division B and each suc- schedule with milestones, to accomplish ceeding division shall not be entered on ei- each of the following: the amendments made by this Act, is to strengthen public and private antitrust en- ther PAYGO scorecard maintained pursuant (1) Establish electronic filing procedures to section 4(d) of the Statutory Pay-As-You- for all applications and petitions for immi- forcement by providing incentives for anti- trust violators to cooperate fully with gov- Go Act of 2010. gration benefits. ENATE PAYGO SCORECARDS.—The ernment prosecutors and private litigants (b) S (2) Accept electronic payment of fees at all budgetary effects of division B and each suc- through the repeal of the sunset provision of filing locations. ceeding division shall not be entered on any the Antitrust Criminal Penalty Enhance- (3) Issue correspondence, including deci- PAYGO scorecard maintained for purposes of ment and Reform Act of 2004 (15 U.S.C. 1 sions, requests for evidence, and notices of section 4106 of H. Con. Res. 71 (115th Con- note). intent to deny, to immigration benefit re- gress). questors electronically. SEC. 4303. REPEAL OF SUNSET PROVISION. (c) CLASSIFICATION OF BUDGETARY EF- (4) Improve processing times for all immi- (a) REPEAL.—Section 211 of the Antitrust FECTS.—Notwithstanding Rule 3 of the Budg- gration and naturalization benefit requests. Criminal Penalty Enhancement and Reform et Scorekeeping Guidelines set forth in the Act of 2004 (15 U.S.C. 1 note) is repealed. (b) SEMI-ANNUAL BRIEFINGS.—Not later joint explanatory statement of the com- (b) TECHNICAL AND CONFORMING AMEND- than 180 days after submission of the plan mittee of conference accompanying Con- MENTS.— described in subsection (a), and on a semi-an- ference Report 105–217 and section 250(c)(8) of (1) REVIVAL AND RESTORATION.— nual basis thereafter, the Secretary shall ad- the Balanced Budget and Emergency Deficit (A) IN GENERAL.—Sections 212, 213, and 214 vise the appropriate Committees on the im- Control Act of 1985, the budgetary effects of of the Antitrust Criminal Penalty Enhance- plementation status of such plan. division B and each succeeding division shall ment and Reform Act of 2004 (15 U.S.C. 1 not be estimated— (c) APPROPRIATE COMMITTEES DEFINED.—In note) as in effect on June 21, 2020, and as (1) for purposes of section 251 of such Act; this section, the term ‘‘appropriate Commit- amended by the laws described in subpara- and tees’’ means— graph (B), are revived and restored. (2) for purposes of paragraph (4)(C) of sec- (1) the Committee on Appropriations, the (B) LAWS.—The laws described in this sub- tion 3 of the Statutory Pay-As-You-Go Act Committee on the Judiciary, and the Com- paragraph are: of 2010 as being included in an appropriation mittee on Homeland Security of the House of (i) Antitrust Criminal Penalty Enhance- Act. Representatives; and ment and Reform Act of 2004 Extension Act TITLE VI—NUTRITION AND COMMODITIES (2) the Committee on Appropriations, the (Public Law 111–30; 123 Stat. 1775). PROGRAMS Committee on the Judiciary, and the Com- (ii) The Act entitled ‘‘An Act to amend the mittee on Homeland Security and Govern- Antitrust Criminal Penalty Enhancement SEC. 4601. P–EBT PROGRAM EXTENSION. mental Affairs of the Senate. and Reform Act of 2004 to extend the oper- Section 1101 of the Families First ation of such Act, and for other purposes’’, Coronavirus Response Act (Public Law 116– TITLE II—UNITED STATES PAROLE approved June 9, 2010 (Public Law 111–90; 124 127; 7 U.S.C. 2011 note) is amended— COMMISSION EXTENSION Stat. 1275). (1) in subsection (a)— (A) by striking ‘‘fiscal year 2020’’ and in- SEC. 4201. SHORT TITLE. (2) DEFINITIONS.—Section 212 of the Anti- trust Criminal Penalty Enhancement and serting ‘‘fiscal years 2020 and 2021’’; and This title may be cited as the ‘‘United Reform Act of 2004 (15 U.S.C. 1 note) is (B) by inserting ‘‘or has reduced the num- States Parole Commission Extension Act of amended— ber of days or hours that students attend the 2020’’. (A) by striking paragraph (6); and school’’ after ‘‘school is closed’’; (2) in subsection (b), in the first sentence, SEC. 4202. AMENDMENT OF SENTENCING RE- (B) by redesignating paragraph (7) as para- FORM ACT OF 1984. graph (6). by inserting ‘‘and, as applicable, households with children eligible for assistance under (c) APPLICABILITY.— For purposes of section 235(b) of the Sen- subsection (h)’’ after ‘‘children’’; (1) MARKERS AND AGREEMENTS BEFORE SUN- tencing Reform Act of 1984 (18 U.S.C. 3551 (3) in subsection (c), by inserting ‘‘or has note; Public Law 98–473; 98 Stat. 2032), as SET.—Notwithstanding the repeal under sub- section (a), section 211(b) of the Antitrust reduced the number of days or hours that such section relates to chapter 311 of title 18, students attend the school’’ after ‘‘school United States Code, and the United States Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note), as in effect on that is closed’’; Parole Commission, each reference in such (4) in subsection (f)— section to ‘‘33 years’’ or ‘‘33-year period’’ the day before the date of enactment of this Act, shall continue to apply to any person (A) by striking ‘‘To facilitate’’ and insert- shall be deemed a reference to ‘‘35 years’’ or ing the following: ‘‘35-year period’’, respectively. who received a marker or entered into an antitrust leniency agreement on or before ‘‘(1) IN GENERAL.—To facilitate’’; and SEC. 4203. PAROLE COMMISSION REPORT. June 22, 2020. (B) by adding at the end the following: ‘‘(2) SIMPLIFYING ASSUMPTIONS FOR SCHOOL Section 3 of the United States Parole Com- (2) MARKERS AND AGREEMENTS AFTER SUN- YEAR 2020-2021.—A State agency may use sim- mission Extension Act of 2018 (Public Law SET.—The repeal under subsection (a) shall apply to any person who received a marker plifying assumptions and the best feasibly 115–274) is amended— available data to provide benefits to and es- (1) in subsection (b), by striking ‘‘2021’’ and or entered into an antitrust leniency agree- ment on or after June 23, 2020. tablish benefit levels and eligibility periods inserting ‘‘2022’’; and for eligible children and children eligible for (2) by adding at the end the following: TITLE IV—COMMUNITY SERVICES AND assistance under subsection (h) for purposes ‘‘(d) DISTRICT OF COLUMBIA REPORT FOR SUPPORTS of this section.’’; SUCCEEDING FISCAL YEARS.—For each of fis- SEC. 4401. HEAD START DESIGNATION RENEWAL (5) by redesignating subsections (h) and (i) cal years 2021 through 2022, not later than 90 SYSTEM. as subsections (i) and (j), respectively; days after the end of the fiscal year, the Notwithstanding section 638 of the Head (6) by inserting after subsection (g) the fol- United States Parole Commission shall re- Start Act (42 U.S.C. 9833), if the Secretary of lowing: port to the Committees on the Judiciary of Health and Human Services— ‘‘(h) ASSISTANCE FOR CHILDREN IN CHILD the Senate and House of Representatives the (1) is required to make a determination CARE.— items in paragraphs (1) through (3) of sub- under paragraph (6) of section 641(c) of such ‘‘(1) IN GENERAL.—Beginning on October 1, section (c), for the fiscal year.’’. Act (42 U.S.C. 9836a(c)) whether to renew the 2020, subject to an approved State agency
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4699 plan under subsection (b) or an approved striking ‘‘September 30, 2020’’ and inserting ‘‘(2) An evaluation of the use of all waivers, amendment to such a plan, in any case in ‘‘September 30, 2021’’. adjustments, and other flexibilities in the which, during a public health emergency des- (c) ADMINISTRATIVE REQUIREMENTS WAIVER operation of the supplemental nutrition as- ignation, a covered child care facility is UNDER WIC.—Section 2204(c) of the Families sistance program (as defined in section 3 of closed or has reduced attendance or hours for First Coronavirus Response Act (Public Law the Food and Nutrition Act of 2008 (7 U.S.C. at least 5 consecutive days, or 1 or more 116–127) is amended by striking ‘‘September 2012)), in effect under this Act, the Food and schools in the area of a covered child care fa- 30, 2020’’ and inserting ‘‘September 30, 2021’’. Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), cility are closed or have reduced attendance (d) FUNDING.—There are hereby appro- or any other Act, to respond to the COVID– or hours for at least 5 consecutive days, each priated, out of any funds in the Treasury not 19 public health emergency; and household containing at least 1 child en- otherwise appropriated, such sums as may be ‘‘(3) A recommendation of any additional rolled in such a covered child care facility necessary to carry out this section. waivers or flexibilities needed in the oper- and the supplemental nutrition assistance SEC. 4603. SNAP FLEXIBILITIES. ation of the supplemental nutrition assist- program established under the Food and Nu- (a) EXTENSION OF EXISTING SNAP FLEXI- ance program to respond to public health trition Act of 2008 (7 U.S.C. 2011 et seq.) shall BILITIES FOR COVID–19.— emergencies with pandemic potential.’’. be eligible to receive assistance, in accord- (b) FUNDING.—There are hereby appro- (1) STATE OPTIONS.— ance with paragraph (2), until covered child (A) A State agency (as defined in section priated, out of any funds in the Treasury not care facilities or schools in the area reopen 3(s) of the Food and Nutrition Act of 2008 (7 otherwise appropriated, such sums as may be or operate at full attendance and hours, as necessary to carry out this section. U.S.C. 2012(s))) shall have the option, with- applicable, as determined by the State agen- out prior approval from the Secretary of Ag- SEC. 4604. PROHIBITION ON PAYMENTS TO FOS- cy. SIL FUEL REFINERS AND IMPORT- riculture— ‘‘(2) ASSISTANCE.—A household shall re- ERS. (i) to extend certification periods under ceive benefits under paragraph (1) in an (a) IN GENERAL.—The Secretary of Agri- section 3(f) of the Food and Nutrition Act of amount that is equal to at least 1 breakfast culture may not use any funds, facilities, or 2008 (7 U.S.C. 2012(f)) for not more than 6 and 1 lunch at the free rate for each child en- authorities of the Commodity Credit Cor- months and adjust periodic report require- rolled in a covered child care facility for poration or the Department of Agriculture— each day that the child does not attend the ments under section 6(c)(1)(D)(i) of the Food (1) to provide a payment to a refiner or im- facility because the facility is closed or oper- and Nutrition Act of 2008 (7 U.S.C. porter (as those terms are defined in section ating with reduced attendance or hours. 2015(c)(1)(D)(i)) for some or all participating 80.2 of title 40, Code of Federal Regulations households with certification periods set to ‘‘(3) STATE OPTION.—A State shall not be (or successor regulations)); or required to provide assistance under this expire or periodic reports due on or before (2) to otherwise support, directly or indi- subsection in order to provide assistance to June 30, 2021, consistent with the extensions rectly, a refiner or importer (as so defined) eligible children under a State agency plan and adjustments provided in the Food and in meeting any requirements under— under subsection (b).’’; Nutrition Service’s April 22, 2020, blanket ap- (A) the renewable fuel program under sec- (7) in subsection (i) (as so redesignated)— proval for extending certification and adjust- tion 211(o) of the Clean Air Act (42 U.S.C. (A) in each of paragraphs (1) through (3), ing periodic reports, unless otherwise pro- 7545(o)); or by inserting a paragraph heading, the text of vided in this subparagraph; (B) any other provision of law that re- which comprises the term defined in that (ii) to allow household reporting require- quires the blending of fossil fuel with renew- paragraph; ments under section 273.12(a)(5)(iii) of title 7 able fuel. (B) by redesignating paragraphs (1) of the Code of Federal Regulations to satisfy (b) The exclusion in (a) shall not apply to through (3) as paragraphs (2), (4), and (5), re- the recertification requirements under sec- any payments or support to producers, refin- spectively; tion 273.14 of title 7 of the Code of Federal ers, or importers of biofuel (as defined in 7 (C) by inserting before paragraph (2) (as so Regulations for some or all participating U.S.C. 8101). redesignated) the following: households with recertification periods set (c) MORATORIUM ON AUTHORITIES RELATING to expire on or before December 31, 2021; and TO EXCHANGES OF AGRICULTURAL PRODUCTS ‘‘(1) COVERED CHILD CARE FACILITY.—The FOR PETROLEUM PRODUCTS.—The authorities term ‘covered child care facility’ means— (iii) to adjust the interview requirements under the ninth and tenth sentences of sec- ‘‘(A) an organization described in subpara- under sections 273.2 and 273.14(b) of title 7 of tion 4(h) of the Commodity Credit Corpora- graph (A) or (B) of section 17(a)(2) of the the Code of Federal Regulations for some or tion Charter Act (15 U.S.C. 714b(h)) (relating Richard B. Russell National School Lunch all household applications or recertifications through June 30, 2021, consistent with the ad- to the availability of agricultural products Act (42 U.S.C. 1766(a)(2)); and for the Secretary of Energy to exchange for ‘‘(B) a family or group day care home.’’; justments provided in the Food and Nutri- tion Service’s March 26, 2020, blanket ap- petroleum products and the terms and condi- (D) in paragraph (2) (as so redesignated), by tions of those exchanges, respectively) shall inserting ‘‘or reduced attendance or hours’’ proval for adjusting interview requirements, unless otherwise provided in this subpara- not be used during the 180-day period begin- after ‘‘closure’’; ning on the date of enactment of this Act. (E) by inserting after paragraph (2) (as so graph. DIVISION E—DEPARTMENT OF VETERANS redesignated) the following: (B) Not later than 5 days after exercising an option under subparagraph (A), a State AFFAIRS EXTENSIONS ‘‘(3) FREE RATE.—The term ‘free rate’ means— agency shall notify the Secretary of Agri- SEC. 5001. SHORT TITLE. ‘‘(A) with respect to a breakfast, the rate culture in writing of the option exercised, This division may be cited as the ‘‘Depart- of a free breakfast under the school break- the categories of households affected by the ment of Veterans Affairs Expiring Authori- fast program under section 4 of the Child Nu- option, and the duration of such option. ties Act of 2020’’. trition Act of 1966 (42 U.S.C. 1773); and (2) ADJUSTMENT.—The Secretary of Agri- TITLE I—EXTENSIONS OF AUTHORITIES ‘‘(B) with respect to a lunch, the rate of a culture shall allow a State agency to sus- RELATING TO HEALTH CARE free lunch under the school lunch program pend the requirements under sections SEC. 5101. EXTENSION OF AUTHORITY FOR COL- under the Richard B. Russell National 275.11(b)(1) and (2), 275.12, and 275.13 of title 7 LECTION OF COPAYMENTS FOR HOS- School Lunch Act (42 U.S.C. 1751 et seq.).’’; of the Code of Federal Regulations from PITAL CARE AND NURSING HOME and June 1, 2020, through September 30, 2021, con- CARE. Section 1710(f)(2)(B) of title 38, United (F) by adding at the end the following: sistent with the waivers provided in the Food and Nutrition Service’s April 30, 2020, States Code, is amended by striking ‘‘Sep- ‘‘(6) STATE.—The term ‘State’ has the tember 30, 2020’’ and inserting ‘‘September meaning given the term in section 12(d) of blanket approval for waiver of quality con- 30, 2022’’. the Richard B. Russell National School trol reviews, unless otherwise provided in SEC. 5102. EXTENSION OF REQUIREMENT TO PRO- Lunch Act (42 U.S.C. 1760(d)).’’; and this paragraph. (3) REPORT.—Section 2302 of the Families VIDE NURSING HOME CARE TO CER- (8) in subsection (j) (as so redesignated), by TAIN VETERANS WITH SERVICE CON- inserting ‘‘(including all administrative ex- First Coronavirus Response Act (Public Law 116–127; 7 U.S.C. 2011 note) is amended by NECTED DISABILITIES. penses)’’ after ‘‘this section’’. Section 1710A(d) of title 38, United States striking subsection (c) and inserting the fol- SEC. 4602. EXTENDING CERTAIN WAIVER AU- Code, is amended by striking ‘‘September 30, lowing: THORITIES. 2020’’ and inserting ‘‘September 30, 2022’’. (a) NATIONAL SCHOOL LUNCH PROGRAM RE- ‘‘(c) REPORT.—Not later than June 30, 2022, the Secretary of Agriculture shall submit, to SEC. 5103. EXTENSION OF AUTHORITY FOR QUIREMENT WAIVERS ADDRESSING COVID–19.— TRANSFER OF REAL PROPERTY. Section 2202(e) of the Families First the Committee on Agriculture of the House Section 8118(a)(5) of title 38, United States Coronavirus Response Act (Public Law 116– of Representatives and the Committee on Code, is amended by striking ‘‘September 30, 127; 42 U.S.C. 1760 note) is amended by strik- Agriculture, Nutrition, and Forestry of the 2020’’ and inserting ‘‘September 30, 2022’’. Senate, a report containing the following in- ing ‘‘September 30, 2020’’ and inserting ‘‘Sep- SEC. 5104. EXTENSION OF AUTHORITY FOR PILOT tember 30, 2021’’. formation: PROGRAM ON ASSISTANCE FOR (b) PHYSICAL PRESENCE WAIVER UNDER WIC ‘‘(1) A description of any information or CHILD CARE FOR CERTAIN VET- DURING CERTAIN PUBLIC HEALTH EMER- data supporting State agency requests under ERANS RECEIVING HEALTH CARE. GENCIES.—Section 2203(c) of the Families this section and any additional measures (a) EXTENSION OF AUTHORITY.—Subsection First Coronavirus Response Act (Public Law that State agencies requested that were not (e) of section 205 of the Caregivers and Vet- 116–127; 42 U.S.C. 1786 note) is amended by approved by the Secretary of Agriculture; erans Omnibus Health Services Act of 2010
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4700 CONGRESSIONAL RECORD — HOUSE September 22, 2020 (Public Law 111–163; 124 Stat. 1144; 38 U.S.C. TITLE II—EXTENSIONS OF AUTHORITIES (1) in subparagraph (G), by striking 1710 note) is amended by striking ‘‘Sep- RELATING TO BENEFITS ‘‘through 2021’’ and inserting ‘‘and 2020’’; and tember 30, 2020’’ and inserting ‘‘September SEC. 5201. EXTENSION OF SPECIALLY ADAPTED (2) by adding at the end the following new 30, 2022’’. HOUSING ASSISTIVE TECHNOLOGY subparagraph: (b) AUTHORIZATION OF APPROPRIATIONS.— GRANT PROGRAM. ‘‘(H) $420,000,000 for each of fiscal years 2021 Subsection (h) of such section is amended by Section 2108(g) of title 38, United States and 2022.’’. striking ‘‘and 2020’’ and inserting ‘‘2020, 2021, Code, is amended by striking ‘‘September 30, SEC. 5306. EXTENSION OF FUNDING FOR GRANT and 2022’’. 2020’’ and inserting ‘‘September 30, 2022’’. PROGRAM FOR HOMELESS VET- SEC. 5105. EXTENSION OF AUTHORIZATION OF SEC. 5202. EXTENSIONS OF CERTAIN PROVISIONS ERANS WITH SPECIAL NEEDS. APPROPRIATIONS FOR GRANTS TO OF LAW. Section 2061(d)(1) of title 38, United States VETERANS SERVICE ORGANIZA- (a) EXTENSION OF STUDENT VETERAN Code, is amended by striking ‘‘2020’’ and in- TIONS FOR TRANSPORTATION OF serting ‘‘2022’’. HIGHLY RURAL VETERANS. CORONAVIRUS RESPONSE ACT OF 2020.—Sec- Section 307(d) of the Caregivers and Vet- tion 2 of the Student Veteran Coronavirus TITLE IV—EXTENSIONS OF OTHER erans Omnibus Health Services Act of 2010 Response Act of 2020 (Public Law 116–140) is AUTHORITIES AND OTHER MATTERS (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. amended by striking ‘‘December 21, 2020’’ and SEC. 5401. EXTENSION OF AUTHORIZATION OF 1710 note) is amended by striking ‘‘2020’’ and inserting ‘‘December 21, 2021’’. APPROPRIATIONS FOR MONTHLY AS- inserting ‘‘2022’’. (b) EXTENSION OF PERIOD FOR CONTINUATION SISTANCE ALLOWANCE UNDER THE OF EPARTMENT OF ETERANS FFAIRS DU OFFICE OF NATIONAL VETERANS SEC. 5106. EXTENSION OF AUTHORITY FOR PILOT D V A E - SPORTS PROGRAMS AND SPECIAL PROGRAM ON COUNSELING IN RE- CATIONAL ASSISTANCE BENEFITS FOR CERTAIN EVENTS. TREAT SETTINGS FOR WOMEN VET- PROGRAMS OF EDUCATION CONVERTED TO DIS- ERANS NEWLY SEPARATED FROM TANCE LEARNING BY REASON OF EMERGENCIES Section 322(d)(4) of title 38, United States SERVICE. AND HEALTH-RELATED SITUATIONS.—Section Code, is amended by striking ‘‘2020’’ and in- (a) EXTENSION OF AUTHORITY.—Subsection 1(b) of Public Law 116–128 is amended by serting ‘‘2022’’. (d) of section 203 of the Caregivers and Vet- striking ‘‘December 21, 2020’’ and inserting SEC. 5402. EXTENSION OF REQUIREMENTS TO erans Omnibus Health Services Act of 2010 ‘‘December 21, 2021’’. PROVIDE REPORTS TO CONGRESS REGARDING EQUITABLE RELIEF IN (Public Law 111–163; 124 Stat. 1143; 38 U.S.C. SEC. 5203. EXTENSION OF AUTHORITY TO MAIN- THE CASE OF ADMINISTRATIVE 1712A note) is amended by striking ‘‘Sep- TAIN REGIONAL OFFICE IN THE RE- ERROR. tember 30, 2020’’ and inserting ‘‘September PUBLIC OF THE PHILIPPINES. Section 503(c) of title 38, United States 30, 2022’’. Section 315(b) of title 38, United States Code, is amended by striking ‘‘December 31, (b) AUTHORIZATION OF APPROPRIATIONS.— Code, is amended by striking ‘‘September 30, 2020’’ and inserting ‘‘December 31, 2022’’. Subsection (f) of such section is amended by 2020’’ and inserting ‘‘September 30, 2022’’. SEC. 5403. EXTENSION AND AUTHORIZATION OF striking ‘‘and 2020’’ and inserting ‘‘2020, 2021, SEC. 5204. EXTENSION OF AUTHORITY TO TRANS- APPROPRIATIONS FOR ADAPTIVE and 2022’’. PORT INDIVIDUALS TO AND FROM SPORTS PROGRAMS FOR DISABLED SEC. 5107. EXTENSION OF AUTHORITY FOR PILOT DEPARTMENT OF VETERANS AF- VETERANS AND MEMBERS OF THE PROGRAM ON GRADUATE MEDICAL FAIRS FACILITIES. ARMED FORCES. EDUCATION AND RESIDENCY. Section 111A(a)(2) of title 38, United States (a) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Subsection (d) of section Code, is amended by striking ‘‘September 30, 403 of the VA MISSION Act of 2018 (Public Subsection (g)(1) of section 521A of title 38, 2020’’ and inserting ‘‘September 30, 2022’’. United States Code, is amended— Law 115–182; 132 Stat. 1474; 38 U.S.C. 7302 SEC. 5205. EXTENSION OF TEMPORARY INCREASE note) is amended by striking ‘‘August 7, (1) by striking ‘‘appropriated $8,000,000’’ IN NUMBER OF JUDGES ON UNITED and inserting the following: ‘‘appropriated 2024’’ and inserting ‘‘August 7, 2031’’. STATES COURT OF APPEALS FOR (b) TECHNICAL CORRECTION.—Subsection VETERANS CLAIMS. amounts as follows: (a)(1) of such section is amended by striking Section 7253(i)(2) of title 38, United States ‘‘(A) $8,000,000 for each of fiscal years 2010 ‘‘authorized under’’ and all that follows Code, is amended by striking ‘‘January 1, through 2020.’’; and through the period at the end and inserting 2021’’ and inserting ‘‘January 1, 2026’’. (2) by adding at the end the following new ‘‘authorized under section 7302 of title 38, subparagraph: TITLE III—EXTENSIONS OF AUTHORITIES ‘‘(B) $16,000,000 for each of fiscal years 2021 United States Code, at covered facilities.’’. RELATING TO HOMELESS VETERANS SEC. 5108. INSPECTOR GENERAL OF THE DE- and 2022.’’. PARTMENT OF VETERANS AFFAIRS SEC. 5301. EXTENSION OF AUTHORIZATION OF (b) EXTENSION.—Subsection (l) of such sec- REPORT ON ADMINISTRATION OF APPROPRIATIONS FOR HOMELESS tion is amended by striking ‘‘2020’’ and in- INTERNET WEBSITE ON STAFFING VETERANS REINTEGRATION PRO- serting ‘‘2022’’. AND VACANCIES. GRAMS. Section 2021(e)(1)(F) of title 38, United SEC. 5404. EXTENSION OF AUTHORITY TO ENTER Not later than October 31, 2022, and Octo- INTO AGREEMENT WITH THE NA- ber 31, 2024, and as frequently thereafter as States Code, is amended by striking ‘‘2020’’ TIONAL ACADEMY OF SCIENCES RE- the Inspector General of the Department of and inserting ‘‘2022’’. GARDING ASSOCIATIONS BETWEEN Veterans Affairs considers appropriate, the SEC. 5302. EXTENSION OF AUTHORIZATION OF DISEASES AND EXPOSURE TO Inspector General shall— APPROPRIATIONS FOR HOMELESS DIOXIN AND OTHER CHEMICAL COM- (1) review the administration of the inter- WOMEN VETERANS AND HOMELESS POUNDS IN HERBICIDES. VETERANS WITH CHILDREN RE- net website required by section 505(a)(1) of Section 3 of the Agent Orange Act of 1991 INTEGRATION GRANT PROGRAM. (Public Law 102–4; 38 U.S.C. 1116 note) is the VA MISSION Act of 2018 (Public Law 115– Section 2021A(f)(1) of title 38, United States 182; 132 Stat. 1477; 38 U.S.C. 301 note); amended by striking ‘‘September 30, 2020’’ Code, is amended by striking ‘‘2020’’ and in- and inserting ‘‘September 30, 2022’’. (2) develop recommendations for such leg- serting ‘‘2022’’. islative or administrative action as the In- SEC. 5405. MODIFICATION AND EXTENSION OF SEC. 5303. EXTENSION OF AUTHORITY FOR RE- spector General considers appropriate for AUTHORITY RELATING TO VENDEE FERRAL AND COUNSELING SERV- LOAN PROGRAM. such administration; and ICES FOR VETERANS AT RISK OF Section 3733(a) of title 38, United States (3) submit to the Committee on Veterans’ HOMELESSNESS TRANSITIONING Code, is amended by adding at the end the Affairs of the Senate and the Committee on FROM CERTAIN INSTITUTIONS. following new paragraph: Veterans’ Affairs of the House of Representa- Section 2023(d) of title 38, United States ‘‘(8) During the period that begins on Octo- tives a report on— Code, is amended by striking ‘‘September 30, ber 1, 2020, and ends on September 30, 2025, (A) the findings of the Inspector General 2020’’ and inserting ‘‘September 30, 2022’’. the Secretary shall carry out the provisions with respect to the most recent review con- SEC. 5304. EXTENSION OF AUTHORITY FOR of this subsection as if— ducted under paragraph (1); and TREATMENT AND REHABILITATION ‘‘(A) the references in the first sentence of (B) the recommendations most recently de- FOR SERIOUSLY MENTALLY ILL AND paragraph (1) to ‘65 percent’ and ‘may be fi- veloped under paragraph (2). HOMELESS VETERANS. (a) GENERAL TREATMENT.—Section 2031(b) nanced by a loan’ were references to ‘85 per- SEC. 5109. EXTENSION OF TEMPORARY EXPAN- cent’ and ‘shall be of property marketed with SION OF PAYMENTS AND ALLOW- of title 38, United States Code, is amended by ANCES FOR BENEFICIARY TRAVEL striking ‘‘September 30, 2020’’ and inserting financing to be’, respectively; IN CONNECTION WITH VETERANS ‘‘September 30, 2022’’. ‘‘(B) the second sentence of paragraph (1) RECEIVING CARE FROM VET CEN- (b) ADDITIONAL SERVICES AT CERTAIN LOCA- were repealed; and TERS. TIONS.—Section 2033(d) of such title is ‘‘(C) the reference in paragraph (2) to ‘Sep- Section 104(a) of the Honoring America’s amended by striking ‘‘September 30, 2020’’ tember 30, 1990,’ were a reference to ‘Sep- Veterans and Caring for Camp Lejeune Fami- and inserting ‘‘September 30, 2022’’. tember 30, 2025,’.’’. lies Act of 2012 (Public Law 112–154; 126 Stat. SEC. 5305. EXTENSION OF FUNDING FOR FINAN- The SPEAKER pro tempore. Pursu- 1169), as most recently amended by section 5 CIAL ASSISTANCE FOR SUPPORTIVE ant to the rule, the gentleman from In- of the Department of Veterans Affairs Expir- SERVICES FOR VERY LOW-INCOME diana (Mr. VISCLOSKY) and the gen- ing Authorities Act of 2019 (Public Law 116– VETERAN FAMILIES IN PERMANENT 61; 133 Stat. 1116), is further amended by HOUSING. tleman from Michigan (Mr. striking ‘‘September 30, 2020’’ and inserting Section 2044(e)(1) of title 38, United States MOOLENAAR) each will control 20 min- ‘‘September 30, 2021’’. Code, is amended— utes.
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.029 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4701 The Chair recognizes the gentleman been a lifeline during this pandemic for security, our veterans, and our public from Indiana. low-income students who are out of health. GENERAL LEAVE school, ensure critical military oper- I look forward to passing this bill Mr. VISCLOSKY. Madam Speaker, I ations continue, support vital trans- today, moving it through the Senate, ask unanimous consent that all Mem- portation programs by extending the and sending it to the President’s desk. bers have 5 legislative days within FAST Act, extend the National Flood Madam Speaker, I reserve the bal- which to revise and extend their re- Insurance Program, ensure that there ance of my time. Mr. VISCLOSKY. Madam Speaker, I marks and include extraneous mate- are no delays in the Department of yield 1 minute to the gentleman from rials on H.R. 8337, currently under con- Veterans Affairs’ electronic health Maryland (Mr. HOYER), who is the ma- sideration. records system, and allow agencies ex- periencing operational challenges dur- jority leader. The SPEAKER pro tempore. Is there Mr. HOYER. Madam Speaker, I ing the pandemic continued funding. objection to the request of the gen- thank the gentleman for yielding. I So, I think it is important that we tleman from Indiana? want to thank the ranking member for support this legislation and move for- There was no objection. her leadership and always trying to be Mr. VISCLOSKY. Madam Speaker, I ward, and hopefully, we will get to a responsible. I thank Mr. VISCLOSKY and yield myself such time as I may con- better agreement as we continue nego- the Appropriations Committee for sume. tiations. their work. Madam Speaker, obviously, we are Madam Speaker, I reserve the bal- Madam Speaker, I rise in support of here to consider a continuing resolu- ance of my time. this agreement between the two parties tion to allow the Federal Government Mr. VISCLOSKY. Madam Speaker, I and between the administration and to continue its operations, H.R. 8337. do have requests for time, but no one is the Congress. I am hopeful that it will At the outset of my remarks, I do here, so I reserve the balance of my pass overwhelmingly. want to thank the staff of the Appro- time at this moment. I have a little statement here, which priations Committee for all of their Mr. MOOLENAAR. Madam Speaker, I I will submit. But because we want to diligent work in some very difficult ne- continue to reserve the balance of my get this business done, briefly I want to gotiations to bring us to this moment. time. say to the Appropriations Committee: People tend not to appreciate their Mr. VISCLOSKY. Madam Speaker, I Congratulations for doing your work. I good work. see Ms. GRANGER, who is the ranking know there was controversy and every- This is a terrible way to govern the member on the full committee, might body didn’t support it, but we passed 10 United States of America. I regret that be seeking recognition, so I reserve the of the appropriations bills almost 2 I believe most of my colleagues here balance of my time. months ago, clearly sufficient time to feel that a continuing resolution does The SPEAKER pro tempore. Without have reached agreement and passed the no damage. It does serious damage to objection, the gentlewoman from Texas appropriation bills, not a CR. A CR is a the agencies, to the budgeting process, (Ms. GRANGER) will now control the recognition of failure, failure to get and to fiscal discipline. time. our work done in a timely fashion, and We should be having consideration There was no objection. I regret that. today of 12 conference reports 8 days Ms. GRANGER. Madam Speaker, I I take some credit for passing 10 bills away from the beginning of the next yield myself such time as I may con- last year in June and 10 bills this year fiscal year. The committee has com- sume. in July. I pushed the Appropriations pleted consideration of all 12 appro- Madam Speaker, I rise today in sup- Committee pretty hard. The staff priations bills. This body has passed 10 port of H.R. 8337, a short-term con- worked hard; Members worked hard; of them. Unfortunately, the other body tinuing resolution through December and we got our bills done. has not acted at all. This resolution 11. The Senate has not marked up a sin- would take us to December 11. The coronavirus pandemic has im- gle bill in committee. There is no bill I would point out there are anomalies pacted virtually every aspect of Amer- out of committee, and there are no in this continuing resolution. The ma- ican life. During this unprecedented bills on the floor, which means the jority have been submitted and re- time, it is more critical than ever that Senate has essentially abandoned the quested by the Office of Management the Federal Government remain open appropriations process. Madam Speak- and Budget. and functioning. By passing this short- er, that is not the way that the Con- Additionally, there are some other term CR, we will provide critical sup- gress of the United States ought to anomalies where there were no govern- port for farmers and ranchers, extend work. I am for this. It was tough to get to. ment expenses to continue in 2020; for the nutrition program that has been a We have an agreement, and I am hope- example, possible transition of cost; lifeline during the pandemic for low-in- come students who are out of school, ful that everybody here will vote for it additionally, authorization legislation so we do not shut down the House of ensure critical military operations to continue programs which might ex- Representatives—excuse me—the Gov- continue, support vital transportation pire on September 30, again, with the ernment of the United States, not just programs by extending the FAST Act, agreement of the authorizing commit- the House of Representatives. tees. extend the National Flood Insurance That is, in my view, an unacceptable Some Members are upset at this mo- Program, ensure that there are no alternative ever, and we reached an ment that items have not been in- delays in the Department of Veterans agreement today. There was a lot of to- cluded, but negotiations have taken Affairs’ electronic health records sys- ing and fro-ing. A lot of people wanted place in good faith. We have an agree- tem, and allow agencies experiencing this, a lot of people wanted that, a lot ment, and I would ask for this body’s operational challenges during the pan- of people didn’t want this, and a lot of support of the legislation. demic to continue functioning. people didn’t want that. But we have Madam Speaker, I reserve the bal- As an appropriator, it pains me to an agreement that will keep the gov- ance of my time. have to consider anything short of a ernment functioning for the people Mr. MOOLENAAR. Madam Speaker, I full-year appropriations bill for the from now until December 11. yield myself such time as I may con- next fiscal year. But I remain hopeful What, Madam Speaker, I would urge sume. that passing this CR will allow the gov- is every one of us would from now until Madam Speaker, I appreciate the ernment to continue operating and hopefully before December 11—that is a gentleman from Indiana’s concerns give the House and the Senate time to Friday, we are scheduled to break for about the process, and I share those work out our differences after the elec- Christmas and the holidays—I am concerns as well. But as it goes, we are tion. hopeful that everyone will put their voting on this today. The alternative would have been an heads together to get the appropria- By passing this short-term con- unnecessary and costly government tions process done. We will probably do tinuing resolution, we will provide crit- shutdown. I think most sides agree it in an omnibus, not single appropria- ical support for farmers and ranchers, that that would be devastating and dis- tions bills, which is not a good way to extend the nutrition program that has astrous for our economy, our national do it either.
VerDate Sep 11 2014 09:51 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.089 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4702 CONGRESSIONAL RECORD — HOUSE September 22, 2020 When I joined the Appropriations The House is doing its job. begin new programs or respond to Committee—and Mr. VISCLOSKY’s Con- It’s time for the Republican Senate to start shifting priorities. It handcuffs our gressman that he worked for was on doing its job as well. ability to respond to America’s twin the committee with me—we passed one Ms. GRANGER. Madam Speaker, I crises. It blocks investments in na- bill at a time. yield 2 minutes to the gentleman from tional security, fails to assist schools b 1915 Illinois (Mr. RODNEY DAVIS). struggling to safely educate America’s Mr. RODNEY DAVIS of Illinois. youth, fails the millions of families The Senate passed one bill at the Madam Speaker, I thank Ranking standing in long lines desperate for time, and we came to conference and Member GRANGER. I appreciate her food assistance, and leaves millions sat down together, the members of the leadership during this trying time of a questioning whether they even have a Defense Subcommittee, the members of pandemic. home tomorrow. It is a complete and the Treasury-Postal Subcommittee, Madam Speaker, the last thing that total dereliction of duty for today and and the Labor, Health and Human the United States of America needs tomorrow. Services, Education, and Related Agen- right now in the midst of a pandemic is The lack of action from our Senate cies Subcommittee. We came together a lapse in government funding that was colleagues, for the second year in a individually, and we worked out agree- set to expire at the end of this month. row, who deep-sixed their fiscal respon- ments between the two bodies. We need to do better when it comes to sibility and leadership brought us here That is the way it ought to work. It bipartisan agreements. today. Our Senate friends have not is not working that way. In a world of I am extremely disappointed that it even started the appropriation process. alternatives, this is the best we have, took us this long to get the CCC, the Not a single bill was considered in so we need to take it and keep the gov- Commodity Credit Corporation, replen- their committees. But they have time ernment funded. ished in this agreement and not held for another judicial confirmation. Madam Speaker, I look forward to Madam Speaker, I commend Chair- working with members of the Com- hostage by the majority. Our farmers, our producers in middle America that woman LOWEY’s leadership, and Speak- mittee on Appropriations on both sides er PELOSI and Majority Leader HOYER of the aisle to effect an omnibus that don’t know what the market condi- tions are going to be like when they for their prioritization and passage in we can all be proud of. We won’t all the House of 10 of our 12 annual appro- agree with all of it, but at least we can harvest their crops, they needed the certainty of knowing that the United priations spending bills—all managed say, ‘‘This is the work product of the with the unknown and lack of Presi- people’s House and the United States States Government was going to fully fund the risk management programs dential leadership in establishing a Senate,’’ and pass it and feel that we Federal response to the COVID pan- have done our job for the people. that we put in place in a bipartisan way. demic. The Senate achieved nothing. Madam Speaker, this Continuing Resolution Nothing. is a result of the kind of cooperation that the I also say thank you to those who were negotiating with Ranking Mem- While Senate Republican strategists American people expect from all of us. are squeezed in rooms over there think- ber GRANGER for also including lan- It is also an example for how we ought to ing about a Supreme Court nominee be- spend the coming days: Working toward an guage that provides the USDA with waiver authority that provides kids, fore election day, they ignore their top agreement on the HEROES Act to mitigate the responsibility of Congress’ funding re- our students, with free meals. That is continued economic fallout of the COVID–19 sponsibility. Our Senate Republican something I have been working on over pandemic. colleagues have 11 weeks to draft and However, a Continuing Resolution is not the last few weeks with my colleagues, pass 12 bills, but not a single word on how Congress should operate. Congresswoman SPANBERGER, Con- how they plan to achieve this monu- The House did its job, passing nearly all of gressman BACON, and Congressman mental task. the appropriation bills before the end of July. COSTA. The Energy and Water portion of the The Republican-controlled Senate, however, With this language, we now give our continuing resolution contains com- failed to do its job. schools, families, and school nutrition monsense, necessary extensions to It has not only failed to pass a single appro- professionals certainty throughout the priation bill—it hasn’t even introduced one. keep certain programs operating for upcoming school year in the midst of a the next 11 weeks. Senate Republicans have had months to do pandemic where many may not be able their part to prevent a shutdown, yet here we Madam Speaker, I urge my col- to get that hot meal that they have leagues to support this short-term res- are just eight days before the end of the fiscal been used to getting during the normal year. olution. school year. Ms. GRANGER. Madam Speaker, I So, the House today will continue to do its Madam Speaker, I look forward to job and govern responsibly by voting on this reserve the balance of my time. working with Sonny Perdue, Secretary Mr. VISCLOSKY. Madam Speaker, I clean Continuing Resolution, which would Perdue, and the USDA to implement keep the government open through December yield 2 minutes to the gentlewoman this important language. from Florida (Ms. WASSERMAN 11 at current funding levels. Madam Speaker, I urge a ‘‘yes’’ vote I say this C.R. us ‘‘clean’’ not because it is SCHULTZ), the chairwoman of the Mili- on this package. free from anything other a date change, but tary Construction-Veterans Affairs Mr. VISCLOSKY. Madam Speaker, I because is reflects a bipartisan agreement be- Subcommittee. yield 2 minutes to the gentlewoman tween on the issues it contains. Ms. WASSERMAN SCHULTZ. This C.R. includes funding for highway and from Ohio (Ms. KAPTUR), the chair- Madam Speaker, I thank the gen- transit programs and the National Flood Insur- woman of the Energy and Water Sub- tleman for yielding. ance Program for another year. committee. Madam Speaker, I rise to support It includes funding to protect seniors from Ms. KAPTUR. Madam Speaker, I passage of the continuing resolution, rising Medicare premiums and to keep other thank the gentleman for yielding. but I am frustrated that we find our- vital health care priorities funded, such as Madam Speaker, it is with frustra- selves here yet again. community health centers. tion that I rise in support of today’s Yet again, the Democratic House did It also includes funding for children who rely short-term continuing resolution and its job. We passed our bills to fund on school lunch programs to continue access- urge my colleagues to do so as well. most Federal agencies in July. It is ing nutritious meals. Once again, we need a means to keep now September. The end of the fiscal I urge my colleagues on both sides of the the lights on for the Federal Govern- year is in 8 days, but Leader MCCON- aisle to join in passing this Continuing Resolu- ment. The American people need and NELL and the Republican Senate have tion and showing the American people that we deserve more from their collective not moved a single one of the 12 appro- will not let their government go dark in the elected leaders. We are in the middle of priations bills that we are supposed to middle of a deadly pandemic and economic an economic crisis and global pandemic pass every year. crisis. when many are unsure they can keep As an Appropriations subcommittee I urge the Senate to pass this Continuing their own lights on. chair, I feel compelled to call out this Resolution and get to work without delay on This 11-week extension puts our Fed- gross dereliction of duty. A CR is obvi- full-year appropriation bills. eral agencies on autopilot. They can’t ously not ideal. But the bill before us
VerDate Sep 11 2014 09:54 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.090 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4703 today keeps government functioning the pandemic. Action to take belated action to passed by the House in May of this year to and includes fixes to facilitate dismantle systemic racism in our society. Ac- address the devastating budgetary and fiscal coronavirus relief, which we should tion to end endless wars. Action just to do our impacts of the COVID–19 pandemic which the have done completely separately and most fundamental job of keeping the govern- President exacerbated by his incompetent re- more significantly. ment running. sponse to the crisis. The bill allows the Small Business I urge my colleagues to support this con- The numbers are heartbreaking. Administration to continue to process tinuing resolution. As of September 21, 2020, the number of disaster loans, which are a lifeline for Ms. JACKSON LEE. Madam Speaker, as a lives lost to COVID–19 has passed another many struggling small businesses. It senior member of the Committees on the Judi- grim milestone and now exceeds 200,000. allows FEMA access to fiscal year 2021 ciary, on Homeland Security, and on the As of September 20, 2020, there were funding for the Disaster Relief Fund, to Budget, I rise in support of H.R. 8337, a bill 6,812,470 cases of COVID–19, which along allow them to respond to emergencies that provides funding to continue the oper- with the number of lives lost leads the world. and natural disasters. ations of the federal government through De- When President Obama left office on Janu- I am particularly proud that we in- cember 11, 2020, and avoids a wasteful and ary 20, 2017, unemployment was at 4.7 per- crease funding for the Veterans Elec- irresponsible shutdown, and also the under- cent; today, due to the mismanagement of the tronic Health Record Modernization to lying bill. COVID–19 pandemic by President Trump and support the increased number of de- The House, led by the Democratic majority, Republicans, unemployment is nearly double ployments of the modernized system at did its job, passing 10 of the 12 appropriations at 8.4 percent. planned sites going into fiscal year bills earlier this year but Senate Republicans When Trump took office in January 2017, 2021, ensuring the 10-year moderniza- failed to hold a single markup of appropria- there were 241,000 initial unemployment in- tion remains on schedule and on budg- tions bills, making it necessary to pass this surance (UI) claims for the week ending Janu- et. Continuing Resolution to avert a shutdown ary 28, 2017 and at the beginning of the 116th Notably, the bill also includes legis- that would only further damage our economy. Congress in January 2019: there were lation to prevent USCIS employees Throughout the 116th Congress, House 236,000 initial UI claims. from being furloughed and allow the Democrats have worked to deliver results for Today, due to the mismanagement of the agency to continue doing its job: adju- the American people, passing legislation to COVID–19 pandemic by President Trump and dicating applications for work visas, address each pillar of the ‘‘For The People’’ Republicans, there were 860,000 initial UI asylum, and citizenship, even if that agenda: lower health care costs, higher wages claims for the week ending September 12, job has been greatly hindered by by rebuilding America, and cleaning up corrup- 2020. Trump and his enablers. The bill also tion and strengthening our Democracy. Approximately 30 million Americans have includes reporting requirements to en- And over the past two years, under the lost the job they had just months ago because sure accountability. of this Administration’s ineptitude and cavalier Democrats also worked hard all day leadership of Speaker Pelosi, the House has regard for the well-being of the American peo- today in order to secure $8 billion in passed nearly 600 bills, including legislation to ple. vital funding for nutrition assistance. lower health care and prescription drug prices, Madam Speaker, during President Obama’s It is absurd that we even had to fight raise wages, advance economic and retire- last full year in office in 2016, the deficit was to get Republicans to agree to an ex- ment security, end gun violence, act on the cli- $585 billion but under the mismanagement of pansion of free meals for food-insecure mate crisis, protect Dreamers, and strengthen the current Administration, we have seen the children, but here we are. voting rights. Madam Speaker, finally, let’s be For example, in this Congress the House deficit balloon nearly seven-fold to $3.3 trillion. Continuing this Administration’s unbroken clear. The fact that we are passing a has passed and sent to the Senate the fol- chain of woe, in 2019, after repeated attempts CR without having already passed an lowing major legislative bills: by Republicans to undermine and sabotage additional COVID stimulus bill rep- H.R. 1, For The People Act; the Affordable Care Act, there were 33.2 mil- resents cruelty and gross incompetence H.R. 2, Moving Forward Act; lion uninsured Americans, 5 million more than of the highest order. H.R. 3, The Elijah E. Cummings Lower Drug In May, the House passed the HE- Costs Now Act; when President Obama left office. ROES Act. We did our job. We need to H.R. 4, Voting Rights Advancement Act It has been estimated by reputable experts keep the government open, but we also H.R. 5, Equality Act; that from February 2020 through May 2020 need additional COVID relief for the H.R. 6, The American Dream & Promise alone, an estimated 5.4 million Americans be- American people. Act; came uninsured because of unprecedented Ms. GRANGER. Madam Speaker, I H.R. 7, Paycheck Fairness Act; job loss caused by the Republican mis- reserve the balance of my time. H.R. 8, Bipartisan Background Checks Act; management of this pandemic. Mr. VISCLOSKY. Madam Speaker, I H.R. 9, Climate Action Now Act; Given the wreckage to the economy and the have no further requests for time on H.R. 582, Raise the Wage Act; damage to the lives and livelihoods of the our side, and I reserve the balance of H.R. 1425, Patient Protection and Affordable American people, it is unconscionable that this my time. Care Enhancement Act; Administration is pursuing a lawsuit to strike Ms. GRANGER. Madam Speaker, I H.R. 1585, Violence Against Women Reau- down the Affordable Care Act, which would have no other speakers, and I yield thorization Act; and take health care coverage away from 20 mil- back the balance of my time. H.R. 7120, George Floyd Justice in Policing lion Americans and take away protections for Mr. VISCLOSKY. Madam Speaker, I Act. 132 million persons who have pre-existing simply ask our colleagues to support These along with many, many others are conditions. the continuing resolution, and I, too, among the 340 bills sitting on Majority Leader Madam Speaker, this country desperately yield back the balance of my time. McConnell’s desk awaiting Senate action. needs and wants change. Ms. LEE of California. Madam Speaker, I Madam Speaker, in truth the Republican- While I believe that November 3, will herald am disappointed that we have to do this, pass controlled Senate has been missing in action that the change we need is coming, we must a stop gap Continuing Resolution. But it must for much of the 116th Congress. keep our ship of state afloat before we can be done. The alternative is to shut down the Whether it the urgent need to fortify our right the course. government while our people are worried election systems from confirmed foreign inter- That is why I reluctantly support the Con- about their health, their jobs and their homes. ference, notably from Vladimir Putin’s Russia, tinuing Resolution that will be before us. Under Chairwoman LOWEY’s leadership, the or lower prescription drugs prices and expand- Madam Speaker, let me briefly list several House did its job. We passed ten appropria- ing and protecting the right of all Americans to of the programs vital to Americans that are tions bills this summer, doing our jobs to meet affordable, accessible, high quality health protected or extended by H.R. 8337. the needs of the American people. We did this care, fixing our broken immigration system, or Section 103. Same Terms and Conditions even in the face of a pandemic which forced holding a wayward Executive to account, has for Continuing Appropriations as FY 2020. us to adopt novel ways of working. Meanwhile, failed American people in its basic duty to pro- Section 103 states that appropriations are the other body has not marked up even one mote the general welfare and provide for the under the same terms and conditions, includ- bill. common defense. ing relevant authorities and prohibitions, as the People across the country are waiting for Nowhere is this more apparent than its fail- fiscal year 2019 appropriations bills. their government to take action. Action to fight ure to take up and vote on the HEROES Act Section 106. End Date of CR.
VerDate Sep 11 2014 09:54 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\K22SE7.092 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4704 CONGRESSIONAL RECORD — HOUSE September 22, 2020 Section 106 provides that the CR ends at Section 140. Extension of Authority to Pro- Section 2102. Diabetes programs. the earlier of the enactment of a full-year ap- vide Paid Leave. Section 2102 extends funding for the Spe- propriations bill or December 11, 2020. Section 140 extends the authority to allow cial Diabetes Program and the Special Diabe- Section 112. Restrictions on Furloughs or reimbursement to qualifying contractors for the tes Program for Indians through December 11, Termination of Employees. costs of providing paid leave to employees 2020. Section 112 restricts furloughs or termi- during the pandemic. Section 2203. Extension of funding outreach nation of employees due to lack of funds dur- Section 145. Disaster Relief Fund (DRF). and assistance for low-income programs. ing the duration of a CR. Section 145 allows the Federal Emergency Section 2203 extends funding through De- Section 113. Waiver Language for Intel- Management Agency to access the entire cember 11, 2020 for low-income Medicare ligence Programs. DRF appropriation for fiscal year 2021 under beneficiary outreach, enrollment, and edu- Section 113 provides waiver language for the continuing resolution as necessary to re- cation activities provided through State Health certain intelligence programs as well as agen- spond to declared disasters. Insurance Assistance Programs, Area Agen- cies that operate under the State Department Section 146. National Flood Insurance Pro- cies on Aging, Aging and Disability Resource Basic Authorities Act and Foreign Relations gram (NFIP). Centers, and the National Center for Benefits Authorization Act. Section 146 continues the authorization for and Outreach and Enrollment. Section 117. Summer EBT. the NFIP through September 30, 2021. Section 2302. Extension of spousal impov- Section 117 allows the Food and Nutrition Section 149. Maintaining Funding for the erishment protections. Service to spend at a higher rate during the TANF and Child Care Entitlement to States Section 2302 extends protections against CR to ensure the Summer EBT program is Programs. impoverishment for the spouses of individuals Section 149 extends funding for the Tem- fully operational by May 2021. receiving home- and community-based serv- Section 118. Commodity Supplemental porary Assistance for Needy Families program ices (HCBS) through December 11, 2020. Food Program. and the Child Care Entitlement to States pro- Section 2303. Delay of DSH reductions. Section 118 allows the Food and Nutrition gram during the period of the continuing reso- Section 2303 delays implementation of the Service to spend at a higher rate during the lution. The extension will allow HHS to make allotment reductions for Medicaid dispropor- CR to provide supplemental USDA foods to first-quarter payments to States. tionate share hospitals through December 11, low-income seniors (age 60 and over) and to Section 152. Extending Availability of Fund- 2020. some low-income women, infants and children ing for NIH multiyear research grants. Section 2304. Extension of Community up to age six. Section 152 extends the availability of fund- Section 124. Census Bureau Funding. ing for multiyear research grants supported by Mental Health Services Demonstration Pro- Section 124 specifies the rate of funding the National Institutes of Health that were in- gram. during the period of the continuing resolution terrupted in fiscal year 2020 by COVID–19 Section 2304 extends the authorization for for the Census Bureau’s Periodic Censuses and would have expired at the end of the fis- the certified community behavioral health clin- and Programs account and the 2020 Decen- cal year. ics demonstration through December 11, nial Census Program. Section 161. Technical Correction on Vet- 2020. Section 129. Extension for District of Colum- erans Benefits. Finally, Division B of the bill contains provi- bia Voucher School Accreditation. Section 161 provides a technical correction sions in the jurisdiction of the Committee on Section 129 allows District of Columbia to the Fiscal Year 2021 advance appropriation Transportation and Infrastructure, including a voucher schools an additional year to be ac- provided in division F of Public Law 116–94 one-year extension for surface transportation credited and therefore remain in the program. for the Department of Veterans Affairs Com- programs at fiscal year 2020 levels and provi- The accrediting process requires in-school vis- pensation and Pensions account, to ensure sions shoring up the Airport and Airway Trust its, which are not happening during the that funds for veterans’ benefits may remain Fund. coronavirus. available until expended. I strongly support this legislation and urge Section 130. District of Columbia Local Section 162. Increasing Veterans Electronic all Members to join me in voting for its pas- Funds Health Record Modernization Funding. sage. Section 130 allows the District of Columbia Section 162 increases the funding available The SPEAKER pro tempore. The to spend FY 2021 funds received from local to the Veterans Electronic Health Record Mod- question is on the motion offered by tax revenues and other non-Federal sources ernization during the period of the continuing the gentleman from Indiana (Mr. VIS- in the amount and for the programs and activi- resolution to successfully deploy the health CLOSKY) that the House suspend the ties provided in DC’s FY 2021 Budget Act. record system at planned sites during the first rules and pass the bill, H.R. 8337. Section 131. Additional Funding for Presi- fiscal quarter. The question was taken. dential Inauguration Activities Section 163. Providing Funding for the Vet- The SPEAKER pro tempore. In the Section 131 provides additional funding to erans Canteen Service. opinion of the Chair, two-thirds being the District of Columbia for activities related to Section 163 allows a transfer of funds from in the affirmative, the ayes have it. the Presidential Inauguration. the CARES Act to maintain the operations of Ms. GRANGER. Madam Speaker, on Section 132. Increased Flexibility to Process the Veterans Canteen Service. that I demand the yeas and nays. Certain SBA Loans. Section 169. National Infrastructure Invest- The SPEAKER pro tempore. Pursu- Section 132 allows the Small Business Ad- ments (BUILD). ant to section 3 of House Resolution ministration flexibility to spend at the rate nec- Section 169 assists state, local, and tribal 965, the yeas and nays are ordered. essary to accommodate potential demand in- governments and other applicants who were The vote was taken by electronic de- creases for commitments for 7(a) business awarded BUILD grants in fiscal years 2017 vice, and there were—yeas 359, nays 57, loans and for the Small Business Investment and 2018, Section 169 provides increased answered ‘‘present’’ 1, not voting 14, as Company (SBIC) program. flexibilities by extending obligation deadlines. follows: Section 133. Increased Flexibility to Process Section 172. Housing for the Elderly. [Roll No. 198] Section 172 allows HUD to obligate funding SBA Disaster Loans. YEAS—359 Section 133 allows a higher spending rate under the CR formula for Housing for the El- derly programs at a rate for operations nec- Abraham Beyer Burgess for the Small Business Administration to con- Adams Bilirakis Bustos tinue to process and service new and existing essary to maintain project rental assistance for Aderholt Bishop (GA) Butterfield disaster loans, particularly given the increased the elderly and to continue the Integrated Aguilar Bishop (NC) Calvert demand. Wellness in Supportive Housing (IWISH) dem- Allen Bishop (UT) Carbajal Allred Blumenauer Ca´ rdenas Section 134. Additional Funding for Presi- onstration program. Amodei Blunt Rochester Carson (IN) dential Transition Office Space. Section 2101. Community Health Centers, Arrington Bonamici Carter (GA) Section 134 provides funding for Presi- National Health Service Corps, and Teaching Axne Bost Carter (TX) dential transition services including the provi- health centers that operate graduate medical Bacon Boyle, Brendan Cartwright Baird F. Case sion of office space suitable for staff to sup- education. Balderson Brady Casten (IL) port the ingoing and outgoing administrations. Section 2101 extends funding for Commu- Barr Brindisi Castor (FL) Section 139. Extension of Certain Bank- nity Health Centers, National Health Service Barraga´ n Brooks (IN) Castro (TX) Corps, and the Teaching Health Centers Bass Brown (MD) Chabot ruptcy Judgeships. Beatty Brownley (CA) Cheney Section 139 extends the term of certain Graduate Medical Education Program through Bera Buchanan Chu, Judy bankruptcy judgeships. December 11, 2020. Bergman Bucshon Cicilline
VerDate Sep 11 2014 09:54 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.040 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4705 Cisneros Hoyer Pence Welch Wild Woodall Operation Iraqi Freedom, and ask for Clark (MA) Hudson Perlmutter Wenstrup Williams Yarmuth Clarke (NY) Huffman Peters Westerman Wilson (FL) Young its immediate consideration in the Clay Huizenga Peterson Wexton Womack Zeldin House. Cleaver Hurd (TX) Phillips The Clerk read the title of the bill. NAYS—57 Clyburn Jackson Lee Pingree The SPEAKER pro tempore (Mrs. Cohen Jacobs Pocan Amash Gosar Norman Cole Jayapal Porter Armstrong Green (TN) Olson FLETCHER). Is there objection to the re- Collins (GA) Jeffries Posey Babin Griffith Palmer quest of the gentlewoman from Okla- Comer Johnson (GA) Pressley Banks Grothman Rice (SC) homa? Conaway Johnson (LA) Price (NC) Biggs Hern, Kevin Roy There was no objection. Connolly Johnson (OH) Quigley Brooks (AL) Hice (GA) Sensenbrenner Cook Johnson (SD) Raskin Buck Higgins (LA) Smith (MO) The text of the bill is as follows: Cooper Johnson (TX) Reed Budd Hollingsworth Spano H.R. 8276 Burchett Jordan Steil Correa Joyce (OH) Rice (NY) Be it enacted by the Senate and House of Rep- Costa Joyce (PA) Richmond Cline Keller Steube Courtney Kaptur Roby Cloud King (IA) Taylor resentatives of the United States of America in Cox (CA) Katko Rodgers (WA) DesJarlais LaHood Tiffany Congress assembled, Craig Keating Roe, David P. Duncan Lamborn Timmons SECTION 1. AUTHORIZATION TO AWARD MEDAL Crawford Kelly (IL) Rogers (AL) Estes Long Walker OF HONOR TO SERGEANT FIRST Crenshaw Kelly (MS) Rogers (KY) Fulcher Loudermilk Waltz CLASS ALWYN C. CASHE FOR ACTS Crist Kennedy Rooney (FL) Gaetz Massie Weber (TX) OF VALOR DURING OPERATION Crow Khanna Rose (NY) Gallagher Mast Wilson (SC) IRAQI FREEDOM. Gohmert McClintock Wittman Cuellar Kildee Rose, John W. (a) WAIVER OF TIME LIMITATIONS.—Not- Gooden Mooney (WV) Yoho Cunningham Kilmer Rouda withstanding the time limitations specified Curtis Kim Rouzer ANSWERED ‘‘PRESENT’’—1 in section 7274 of title 10, United States Davids (KS) Kind Roybal-Allard Davidson (OH) King (NY) Ruiz Ocasio-Cortez Code, or any other time limitation with re- spect to the awarding of certain medals to Davis (CA) Kinzinger Ruppersberger NOT VOTING—14 Davis, Danny K. Kirkpatrick Rush persons who served in the Armed Forces, the Davis, Rodney Krishnamoorthi Rutherford Byrne Marshall Riggleman President may award the Medal of Honor Dean Kuster (NH) Ryan Dunn Meuser Stauber under section 7271 of such title to Sergeant DeFazio Kustoff (TN) Sa´ nchez Kelly (PA) Mullin Thompson (PA) First Class Alwyn C. Cashe for the acts of DeGette LaMalfa Sarbanes Maloney, Perry Thornberry valor described in subsection (b). DeLauro Lamb Scalise Carolyn B. Reschenthaler Wright (b) ACTS OF VALOR DESCRIBED.—The acts of DelBene Langevin Scanlon Delgado Larsen (WA) Schakowsky b 2014 valor referred to in subsection (a) are the ac- Demings Larson (CT) Schiff Mr. OLSON changed his vote from tions of Sergeant First Class Alwyn C. Cashe on October 17, 2005, as a member of the Army DeSaulnier Latta Schneider ‘‘yea’’ to ‘‘nay.’’ Deutch Lawrence Schrader serving in Iraq in support of Operation Iraqi Diaz-Balart Lawson (FL) Schrier Mr. NEGUSE changed his vote from Freedom, for which he was posthumously Dingell Lee (CA) Schweikert ‘‘nay’’ to ‘‘yea.’’ awarded the Silver Star. Doggett Lee (NV) Scott (VA) So (two-thirds being in the affirma- The bill was ordered to be engrossed Doyle, Michael Lesko Scott, Austin tive) the rules were suspended and the F. Levin (CA) Scott, David and read a third time, was read the bill was passed. Emmer Levin (MI) Serrano third time, and passed, and a motion to Engel Lieu, Ted Sewell (AL) The result of the vote was announced reconsider was laid on the table. Escobar Lipinski Shalala as above recorded. Eshoo Loebsack Sherman f Espaillat Lofgren Sherrill A motion to reconsider was laid on Evans Lowenthal Shimkus the table. WOMEN’S HISTORY AND NINE- Ferguson Lowey Simpson MEMBERS RECORDED PURSUANT TO HOUSE TEENTH AMENDMENT CENTEN- Finkenauer Lucas Sires RESOLUTION 965, 116TH CONGRESS Fitzpatrick Luetkemeyer Slotkin NIAL QUARTER DOLLAR COIN Fleischmann Luja´ n Smith (NE) Chu, Judy (Takano) Lowey (Tonko) PROGRAM ACT Fletcher Luria Smith (NJ) DeSaulnier (Matsui) Meng (Clark (MA)) Flores Lynch Smith (WA) Engel (Pallone) Moore (Beyer) Mr. CLEAVER. Madam Speaker, I Fortenberry Malinowski Smucker Frankel (Clark (MA)) Mucarsel-Powell ask unanimous consent that the Com- Foster Maloney, Sean Soto Grijalva (Garcı´a (IL)) (Wasserman mittee on Financial Services be dis- Foxx (NC) Marchant Spanberger Hastings (Wasserman Schultz) Frankel Matsui Speier charged from further consideration of Fudge McAdams Stanton Schultz) Napolitano (Correa) the bill (H.R. 1923) to amend title 31, Gabbard McBath Stefanik Hayes (Courtney) Payne (Wasserman United States Code, to require the Sec- Gallego McCarthy Stevens Huffman (Thompson Schultz) retary of the Treasury to mint and Garamendi McCaul Stewart (CA)) Pingree (Clark (MA)) Garcia (CA) McCollum Stivers Jayapal (Raskin) Pocan (Raskin) issue quarter dollars in commemora- Garcı´a (IL) McEachin Suozzi Kildee (Butterfield) Porter (Wexton) tion of the Nineteenth Amendment, Garcia (TX) McGovern Swalwell (CA) Kim (Davids (KS)) Richmond (Fudge) and for other purposes, and ask for its Gianforte McHenry Takano Gibbs McKinley Thompson (CA) Kind (Beyer) Rooney (FL) (Beyer) immediate consideration in the House. Golden McNerney Thompson (MS) Kirkpatrick Roybal-Allard The Clerk read the title of the bill. Gomez Meeks Tipton (Gallego) (Ca´ rdenas) The SPEAKER pro tempore. Is there Gonzalez (OH) Meng Titus Langevin (Lynch) Rush (Underwood) objection to the request of the gen- Gonzalez (TX) Mfume Tlaib Lawrence (Raskin) Serrano (Jeffries) tleman from Missouri? Gottheimer Miller Tonko Lawson (FL) (Evans) Speier (Scanlon) Granger Mitchell Torres (CA) Lieu, Ted (Beyer) Watson Coleman There was no objection. Graves (GA) Moolenaar Torres Small The text of the bill is as follows: Graves (LA) Moore (NM) Lipinski (Cooper) (Pallone) Graves (MO) Morelle Trahan Lofgren (Jeffries) Welch (McGovern) H.R. 1923 Green, Al (TX) Moulton Trone Lowenthal (Beyer) Wilson (FL) (Adams) Be it enacted by the Senate and House of Rep- Grijalva Mucarsel-Powell Turner f resentatives of the United States of America in Guest Murphy (FL) Underwood Congress assembled, Guthrie Murphy (NC) Upton AUTHORIZATION TO AWARD SECTION 1. SHORT TITLE. Haaland Nadler Van Drew MEDAL OF HONOR TO SERGEANT Hagedorn Napolitano Vargas This Act may be cited as the ‘‘Women’s Harder (CA) Neal Veasey FIRST CLASS ALWYN C. CASHE History and Nineteenth Amendment Centen- Harris Neguse Vela FOR ACTS OF VALOR DURING nial Quarter Dollar Coin Program Act’’. Hartzler Newhouse Vela´ zquez OPERATION IRAQI FREEDOM Hastings Norcross Visclosky SEC. 2. FINDINGS. Hayes Nunes Wagner Ms. KENDRA S. HORN of Oklahoma. Congress finds the following: Heck O’Halleran Walberg Madam Speaker, I ask unanimous con- (1) The tireless and passionate efforts of Herrera Beutler Omar Walden the suffragists, their supporters, and other Higgins (NY) Palazzo Walorski sent that the Committee on Armed Services be discharged from further stakeholders contributed to the movement Hill (AR) Pallone Wasserman to grant and protect the right of all women Himes Panetta Schultz consideration of the bill (H.R. 8276) to to vote. Holding Pappas Waters authorize the President to post- Horn, Kendra S. Pascrell Watkins (2) On August 26, 1920, after a long cam- Horsford Payne Watson Coleman humously award the Medal of Honor to paign by suffragists across the country, the Houlahan Pelosi Webster (FL) Alwyn C. Cashe for acts of valor during United States Constitution was amended
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with the 19th Amendment, granting women ‘‘(2) NINETEENTH AMENDMENT QUARTER DOL- ‘‘(i) a head and shoulders portrait or bust the right to vote. LAR DESIGN REQUIREMENTS.— of any person, living or dead; (3) On June 24, 1924, all Native Americans ‘‘(A) FLEXIBILITY WITH REGARD TO PLACE- ‘‘(ii) a portrait of a living person; or were granted citizenship, and by extension MENT OF INSCRIPTIONS.—Notwithstanding ‘‘(iii) a depiction of an individual in a size the right to vote. subsection (d)(1), the Secretary may select a such that the coin could be considered to be (4) In 1948, the legal victories of Native design for quarter dollars described in para- a ‘2-headed’ coin. American veterans granted protections for graph (1) in which— ‘‘(F) RELEASE OF DESIGNS.—Not later than the right of all Native men and women to ‘‘(i) the inscription described in the second December 31, 2020, the Secretary shall iden- vote. sentence of subsection (d)(1) appears on the tify the first 5 women to be honored. (5) On June 27, 1952, the Immigration and reverse side of any such quarter dollars; and ‘‘(5) TREATMENT AS NUMISMATIC ITEMS.—For Nationality Act of 1952 was enacted, grant- ‘‘(ii) any inscription described in the third purposes of sections 5134 and 5136, all coins ing citizenship to all individuals of Asian de- sentence of subsection (d)(1) or the designa- described under this subsection shall be con- scent, and by extension, the right to vote. tion of the value of the coin appears on the sidered to be numismatic items. (6) Enactment of the Voting Rights Act of obverse side of any such quarter dollars. ‘‘(6) ISSUANCE.— 1965 on August 6, 1965, granted Black women ‘‘(B) SINGLE PROMINENT AMERICAN WOMAN.— ‘‘(A) QUALITY OF COINS.—The Secretary protections to overcome the legal barriers Notwithstanding subsection (d)(1), the design may mint and issue such number of quarter that prevented many from exercising their on the reverse of each coin issued under this dollars of each design selected under para- right to vote even though all Blacks had subsection shall— graph (4) in uncirculated and proof qualities been granted citizenship in 1868 with ratifi- ‘‘(i) be emblematic of the accomplishments as the Secretary determines to be appro- cation of the 14th Amendment. and contributions of a prominent woman priate. (7) On August 6, 1975, the amendments to who was a resident of a State, the District of ‘‘(B) SILVER COINS.—Notwithstanding sub- the reauthorization of the Voting Rights Act Columbia, or a territory; section (b), the Secretary may mint and of 1965 removed language barriers to miti- ‘‘(ii) bear the name of the prominent issue such number of quarter dollars of each gate discrimination against Hispanic, Asian, woman and the State, District of Columbia, design selected under paragraph (4) as the and Native American voters. or territory; and Secretary determines to be appropriate, with (8) It was not until March 29, 1961, when ‘‘(iii) bear other appropriate inscriptions. a content of not less than 90 percent silver. the 23rd Amendment passed that women in ‘‘(3) ISSUANCE OF COINS DURING EACH YEAR.— ‘‘(7) APPLICATION IN EVENT OF THE ADMIS- Washington, DC, were allowed to vote in all ‘‘(A) IN GENERAL.—The designs for the SION OF ADDITIONAL STATE.—If any additional elections. quarter dollar coins issued during each year State is admitted into the Union before the (9) Women’s history and the movement for of the period referred to in paragraph (1) termination date described in paragraph (8), women’s rights that the suffragists began ex- shall be emblematic of the accomplishments the Secretary may issue quarter dollar coins, tends beyond ratification of the Nineteenth and contributions of a prominent woman in accordance with this subsection, with a Amendment. from a maximum of 5 States, the District of design which is emblematic of such State (10) August 26, 2020, marks the centennial Columbia, or territories. during any 1 year of the period described in of the day that women were granted the ‘‘(B) ORDER OF ISSUANCE.—The quarter dol- paragraph (1), in addition to the quarter dol- lar coins issued during each year of the pe- right to vote in America. lar coins issued during such year in accord- riod referred to in paragraph (1) shall be SEC. 3. ISSUANCE OF COINS COMMEMORATING ance with paragraph (3)(A). issued in alphabetical order of the area rep- THE NINETEENTH AMENDMENT. ‘‘(8) TERMINATION DATE.—The authority to resented, starting with Alabama. (a) AMENDMENT TO NATIONAL SITES QUAR- mint quarter dollar coins pursuant to this ‘‘(C) NUMBER OF EACH OF COIN DESIGNS IN TER DOLLAR PROGRAM.—Subsection (t) of sec- subsection shall terminate on December 31 of EACH YEAR.—The Secretary shall prescribe tion 5112 of title 31, United States Code, is the year in which the final State or territory the number of quarter dollars which shall be amended— has been commemorated with a design pur- issued with each of the designs selected for (1) in paragraph (1)(A), by striking ‘‘Not- suant to paragraph (3). withstanding the fourth sentence of sub- each year. ‘‘(9) DESIGNS AFTER END OF PROGRAM.—On ‘‘(4) SELECTION OF DESIGN.— section (d)(1) and subsection (d)(2)’’ and in- the first day of the year following the year of serting ‘‘Subject to paragraph (8), and not- ‘‘(A) IN GENERAL.—Each of the designs re- quired under this subsection for quarter dol- the date described in paragraph (8)— withstanding the fourth sentence of sub- ‘‘(A) the design on the obverse of the quar- section (d)(1) and subsection (d)(2)’’; lar coins shall— ‘‘(i) be determined by the Secretary after ter dollar shall revert to the same design (2) by striking paragraph (7) and inserting containing an image of President Wash- the following: consultation with the Commission of Fine Arts; ington in effect for the quarter dollar before ‘‘(7) PERIOD OF ISSUANCE.—Subject to para- the institution of the 50-State quarter dollar graph (2), the program established under this ‘‘(ii) be reviewed by the Citizens Coinage Advisory Committee; and program; and subsection shall continue in effect until a ‘‘(B) notwithstanding the fourth sentence national site in each State has been honored ‘‘(iii) honor or commemorate a woman who has made significant contributions to the of subsection (d)(1), the design on the reverse and shall terminate not later than March 31, of the quarter dollar shall contain an image 2021.’’; and lives of individuals of the applicable State, the District of Columbia, or territory. of General Washington crossing the Dela- (3) by striking paragraph (8) and inserting ware River prior to the Battle of Trenton. the following: ‘‘(B) SELECTION AND APPROVAL PROCESS.— Designs for quarter dollars may be submitted ‘‘(10) DEFINITIONS.—In this subsection: ‘‘(8) DESIGNS STARTING ON JANUARY 1, 2021.— ‘‘(A) The term ‘territory’ means the Com- ‘‘(A) TRANSITION PERIOD.—The design of the in accordance with the design selection and approval process developed by the Secretary. monwealth of Puerto Rico, Guam, American quarter dollar from January 1, 2021, to March Samoa, the United States Virgin Islands, and 31, 2021, shall be as follows: ‘‘(C) PARTICIPATION.—The Secretary shall include in design development, to the great- the Commonwealth of the Northern Mariana ‘‘(i) On January 1, 2021, the design shall be Islands. the final design of the national sites program est extent practicable, input by— ‘‘(i) the chief executive of the applicable ‘‘(B) The term ‘resident’, with respect to a established by this subsection. State, the District of Columbia, or a terri- ‘‘(ii) On a date selected by the Secretary State, District of Columbia, or territory; ‘‘(ii) engravers of the United States Mint; tory, means that a woman resided in such that is not earlier than January 15, 2021, and State, the District of Columbia, or such ter- not later than March 31, 2021, the design ‘‘(iii) members of the general public from groups or organizations that are pursuing a ritory for a period of at least 1 consecutive shall be the first design selected pursuant to year. the program described in subsection (x). mission focused on increasing the inclusion ‘‘(B) DESIGN AFTER END OF PROGRAM.—As of of women or improving the quality of life for ‘‘(y) SILVER BULLION INVESTMENT PROD- April 1, 2021, the design of the quarter dollar women; and UCT.— shall be in accordance with subsection (x).’’. ‘‘(iv) women’s groups and organizations ‘‘(1) IN GENERAL.—The Secretary shall (b) ISSUANCE OF COINS COMMEMORATING THE within the applicable State, the District of strike and make available for sale such num- NINETEENTH AMENDMENT.—Section 5112 of Columbia, or territory being commemorated ber of bullion coins as the Secretary deter- title 31, United States Code, is amended by that are pursuing a mission focused on in- mines to be appropriate that are exact dupli- adding at the end the following: creasing the inclusion of women, or improv- cates of the quarter dollars issued under sub- ‘‘(x) REDESIGN AND ISSUANCE OF QUARTER ing the quality of life for women. section (x), each of which shall— DOLLARS COMMEMORATING THE RATIFICATION ‘‘(D) STANDARDS.—Because it is important ‘‘(A) have a diameter of 3.0 inches and OF THE NINETEENTH AMENDMENT.— that the Nation’s coinage and currency bear weigh 5.0 ounces; ‘‘(1) REDESIGN BEGINNING IN 2021.—Notwith- dignified designs of which the citizens of the ‘‘(B) contain .999 fine silver; standing the fourth sentence of subsection United States can be proud, the Secretary ‘‘(C) have incused into the edge the (d)(1) and subsection (d)(2), quarter dollars shall not select any frivolous or inappro- fineness and weight of the bullion coin; issued during the period beginning on the priate design for any coin minted under this ‘‘(D) bear an inscription of the denomina- date described in subsection (t)(8)(A)(ii) and subsection. tion of such coin, which shall be ‘quarter dol- ending on the date described in paragraph (8) ‘‘(E) PROHIBITION ON CERTAIN REPRESENTA- lar’; and shall have designs on the reverse selected in TIONS.—The design of any quarter dollar ‘‘(E) not be minted or issued by the United accordance with this subsection. under this subsection may not include— States Mint as so-called ‘fractional’ bullion
VerDate Sep 11 2014 09:54 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.033 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4707
coins or in any size other than the size de- ‘‘(E) SELECTION OF PROMINENT AMERICAN ‘‘(E) REDESIGN DEFINITION.—A redesign au- scribed in subparagraph (A). WOMEN GENERALLY.—The selection of a thorized under this subsection shall not con- ‘‘(2) AVAILABILITY FOR SALE.—Bullion coins prominent American woman to be featured stitute a ‘change’ for purposes of subsection minted under paragraph (1) shall become under this subsection shall be made by the (d)(2). available for sale no sooner than the first Secretary— ‘‘(2) SELECTION OF DESIGNS.— day of the calendar year in which the circu- ‘‘(i) in accordance with a selection process ‘‘(A) IN GENERAL.—Each of the designs au- lating quarter dollar coins of which such bul- developed by the Secretary; thorized under this subsection shall be se- lion coins are a duplicate are issued.’’. ‘‘(ii) after soliciting recommendations lected by the Secretary after consultation SEC. 4. COLLECTION AND RECOGNITION PRO- from the general public for prominent with Commission of Fine Arts and review by GRAM. women designs for quarter dollars; and the Citizens Coinage Advisory Committee. (a) IN GENERAL.—Not later than April 1, ‘‘(iii) in consultation with the Smithsonian ‘‘(B) DESIGN SELECTION PROCESS.—Designs 2020, the Secretary of the Treasury shall ini- Institution American Women’s History Ini- shall be developed and selected in accordance tiate a program to promote the collection of, tiative, National Women’s History Museum, with the design selection process developed and recognition of the subjects of, the coins and the Bipartisan Women’s Caucus. by the Secretary in consultation with the authorized under the amendments made by ‘‘(2) DESIGN GENERALLY.—The coins issued United States Semiquincentennial Commis- this Act. in accordance with this subsection shall sion and with recommendations from the (b) STUDY REQUIRED.—The Secretary shall meet the following design requirements— general public.’’. conduct a study on the progress of the pro- ‘‘(A) IN GENERAL.—All designs under this gram described in subsection (a). SEC. 4. ISSUANCE OF REDESIGNED QUARTER subsection shall be selected by the Sec- DOLLARS AND HALF DOLLARS EM- (c) REPORT.—The Secretary shall submit a retary, after consultation with the Commis- BLEMATIC OF SPORTS PLAYED BY report to the Congress on the results of the sion of Fine Arts and review by the Citizens AMERICAN YOUTH. study conducted pursuant to subsection (b). Coinage Advisory Committee. Section 5112 of title 31, United States Code, AMENDMENT OFFERED BY MR. CLEAVER ‘‘(B) OBVERSE.—The design on the obverse is amended by adding at the end the fol- Mr. CLEAVER. Madam Speaker, I of the quarter dollars shall maintain a like- lowing new subsection: ness of George Washington, and be designed have an amendment at the desk. EDESIGN AND ISSUANCE OF QUARTER in a manner, such as with incused inscrip- ‘‘(z) R The SPEAKER pro tempore. The DOLLARS AND HALF DOLLARS EMBLEMATIC OF Clerk will report the amendment. tions, so as to distinguish it from the ob- verse design used during the previous quar- SPORTS PLAYED BY AMERICAN YOUTH.— The Clerk read as follows: ters program. ‘‘(1) REDESIGN OF QUARTER DOLLARS BEGIN- NING IN 2027.— Strike all after the enacting clause and in- ‘‘(3) ISSUANCE OF COINS.—The Secretary sert the following: shall prescribe, on the basis of such factors ‘‘(A) IN GENERAL.—Effective beginning Jan- SECTION 1. SHORT TITLE. as the Secretary determines to be appro- uary 1, 2027, notwithstanding the fourth sen- This Act may be cited as the ‘‘Circulating priate, the number of new designs during tence of subsection (d)(1) and subsection Collectible Coin Redesign Act of 2020’’. each year of the period of issuance, and the (d)(2), the Secretary shall issue quarter dol- SEC. 2. REDESIGNED CIRCULATING COLLECT- number of coins which shall be issued with lars that have designs on the reverse selected IBLE COINS. each of the designs selected for such year. in accordance with this subsection which are emblematic of sports played by American Section 5112 of title 31, United States Code, ‘‘(4) PERIOD OF ISSUANCE.— youth. is amended by adding at the end the fol- ‘‘(A) IN GENERAL.—The program established lowing new subsection: under this subsection shall continue in effect ‘‘(B) FLEXIBILITY WITH REGARD TO PLACE- ‘‘(x) REDESIGN AND ISSUANCE OF QUARTER until the end of 2025. MENT OF INSCRIPTIONS.—Notwithstanding DOLLARS EMBLEMATIC OF PROMINENT AMER- subsection (d)(1), the Secretary may select a ‘‘(B) CONTINUITY.—After 2025, the Secretary ICAN WOMEN AND COMMEMORATING THE 19TH may continue to issue coins minted during design for quarter dollars referred to in sub- AMENDMENT.— the program but not yet issued.’’. paragraph (A) in which— ‘‘(1) REDESIGN OF QUARTER DOLLARS BEGIN- ‘‘(i) the inscription described in the second SEC. 3. ISSUANCE OF REDESIGNED CIRCULATING NING IN 2022.— COINS EMBLEMATIC OF THE UNITED sentence of subsection (d)(1) appears on the ‘‘(A) IN GENERAL.—Effective beginning Jan- STATES SEMIQUINCENTENNIAL. reverse side of any such quarter dollars; and uary 1, 2022, notwithstanding the fourth sen- Section 5112 of title 31, United States Code, ‘‘(ii) any of the inscriptions described in tence of subsection (d)(1) and subsection is amended by adding at the end the fol- the third sentence of subsection (d)(1) or the (d)(2), the Secretary of the Treasury shall lowing new subsection: designation of the value of the coin appear issue quarter dollars that have designs on ‘‘(y) REDESIGN AND ISSUANCE OF COINS EM- on the obverse side of any such quarter dol- the reverse selected in accordance with this BLEMATIC OF THE UNITED STATES lars. subsection which are emblematic of the ac- SEMIQUINCENTENNIAL.— ‘‘(C) SINGLE SPORT ON EACH QUARTER DOL- complishment of a prominent American ‘‘(1) REDESIGN BEGINNING IN 2026.— LAR.—The design on the reverse side of each woman. ‘‘(A) IN GENERAL.— quarter dollar issued under this subsection ‘‘(B) FLEXIBILITY WITH REGARD TO PLACE- ‘‘(i) Notwithstanding the 4th, 5th, and 6th shall be emblematic of one sport played by MENT OF INSCRIPTIONS.—Notwithstanding sentences of subsection (d)(1), the Secretary American youth. subsection (d)(1), the Secretary may select a may change the design on any of the coins ‘‘(D) ISSUANCE OF QUARTER DOLLARS EM- design for quarter dollars referred to in sub- authorized under this section and minted for BLEMATIC OF UP TO FIVE SPORTS EACH YEAR.— paragraph (A) in which— issuance during the one-year period begin- The designs for the quarter dollars issued ‘‘(i) the inscription described in the second ning January 1, 2026, in celebration of the during each year of the period referred to in sentence of subsection (d)(1) appears on the United States semiquincentennial. paragraph (5) shall be emblematic of up to reverse side of any such quarter dollar; and ‘‘(ii) Notwithstanding the 2nd and 3rd sen- five sports. ‘‘(ii) any of the inscriptions described in tences of subsection (d)(1), the Secretary ‘‘(E) SELECTION OF SPORTS GENERALLY.— the third sentence of subsection (d)(1) or the may place the required inscriptions on either The Secretary shall select the sports to be designation of the value of the coin appear the obverse or reverse sides of the coins au- honored during each year of the period re- on the obverse side of any such quarter dol- thorized for redesign under this subsection. ferred to in paragraph (5) after appropriate lar. ‘‘(B) QUARTER DOLLARS.—The Secretary outreach and consultation with the public. ‘‘(C) SINGLE PROMINENT AMERICAN WOMAN may issue quarter dollars in 2026 with up to ‘‘(2) REDESIGN OF HALF DOLLARS BEGINNING ON EACH QUARTER DOLLAR.—The design on the five different designs emblematic of the IN 2027.— reverse side of each quarter dollar issued United States semiquincentennial. One of ‘‘(A) IN GENERAL.—Effective January 1, under this subsection shall be emblematic of the quarter dollar designs must be emblem- 2027, notwithstanding the fourth sentence of the accomplishments and contributions of atic of a woman’s or women’s contribution subsection (d)(1) and subsection (d)(2), the one prominent woman of the United States, to the birth of the Nation or the Declaration Secretary shall issue half dollars that have and may include contributions to the United of Independence or any other monumental designs on the reverse selected in accordance States in a wide spectrum of accomplish- moments in American History. with this subsection which are emblematic ments and fields, including but not limited ‘‘(C) DOLLARS.—The Secretary may, in ad- of a sport tailored to athletes with a range of to suffrage, civil rights, abolition, govern- dition to the coins produced under sub- disabilities, including physical impairment, ment, humanities, science, space, and arts, sections (r) and (w), mint for issuance during vision impairment and intellectual impair- and should honor women from ethnically, ra- the one-year period beginning January 1, ment (referred to in this Act as a cially, and geographically diverse back- 2026, $1 dollar coins with designs emblematic ‘Paralympic’ sport). grounds. of the United States semiquincentennial. ‘‘(B) FLEXIBILITY WITH REGARD TO PLACE- ‘‘(D) ISSUANCE OF QUARTER DOLLARS EM- ‘‘(D) DESIGNS AFTER END OF THE PROGRAM.— MENT OF INSCRIPTIONS.—Notwithstanding BLEMATIC OF UP TO FIVE PROMINENT AMERICAN Beginning in 2027, any coin redesigned under subsection (d)(1), the Secretary may select a WOMEN EACH YEAR.—The designs for the quar- this subsection shall revert to the imme- design for half dollars referred to in subpara- ter dollars issued during each year of the pe- diately previous designs, with the exception graph (A) in which— riod of issuance described under paragraph of the quarter dollar and the half dollar, ‘‘(i) the inscription described in the second (4) shall be emblematic of up to five promi- which shall bear designs in accordance with sentence of subsection (d)(1) appears on the nent American women. subsection (z). reverse side of any such half dollars; and
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.033 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4708 CONGRESSIONAL RECORD — HOUSE September 22, 2020 ‘‘(ii) any of the inscriptions described in the coins and medals produced under this and (z) shall be considered to be numismatic the third sentence of subsection (d)(1) or the section. items. designation of the value of the coin appear ‘‘(8) DESIGNS AFTER END OF PROGRAM.— ‘‘(3) ISSUANCE.— on the obverse side of any such half dollars. Upon the completion or termination of the ‘‘(A) QUALITY OF COINS.—The Secretary ‘‘(C) SINGLE PARALYMPIC SPORT ON EACH coin program under this subsection, the de- may mint and issue such number of coins of HALF DOLLAR.—The design on the reverse signs on the quarter dollar and half dollar each design selected under subsections (x), side of each half dollar issued under this sub- shall be as follows: (y), and (z) in uncirculated and proof quali- section shall be emblematic of one ‘‘(A) QUARTER DOLLAR.— ties as the Secretary determines to be appro- Paralympic sport. ‘‘(i) OBVERSE.—The obverse of the quarter priate. ‘‘(D) SELECTION OF SPORTS.—The selection dollar shall bear a design containing a like- ‘‘(B) COORDINATION.—The Board of Gov- of a Paralympic sport to be honored with a ness of George Washington. ernors of the Federal Reserve System and half dollar under this subsection shall be ‘‘(ii) REVERSE.—The reverse of the quarter the Secretary shall take steps to ensure that made by the Secretary after consultation dollar shall be of a design selected by the an adequate supply of coins produced under with U.S. Paralympics. Secretary after consultation with the Com- subsections (x), (y), and (z) are available for ‘‘(3) DESIGN GENERALLY.—The coins issued mission of Fine Arts and review by the Citi- commerce and collectors at such places and in accordance with this subsection shall zens Coinage Advisory Committee. in such quantities as are appropriate. meet the following design requirements: ‘‘(B) HALF DOLLAR.— ‘‘(C) NUMBER OF EACH COIN DESIGNS IN EACH ‘‘(A) IN GENERAL.—All designs under this ‘‘(i) OBVERSE.—The obverse of the half dol- YEAR.—Of the coins issued during each year subsection shall be selected by the Sec- lar shall bear a design containing a likeness of the period of issuance under subsections retary, after consultation with the Commis- of John Kennedy. (x), (y), and (z), the Secretary shall prescribe, sion of Fine Arts and review by the Citizens ‘‘(ii) REVERSE.—The reverse of the half dol- on the basis of such factors as the Secretary Coinage Advisory Committee. lar shall be of a design selected by the Sec- determines to be appropriate, the number of ‘‘(B) QUARTER DOLLAR OBVERSE.—The de- retary after consultation with the Commis- coins which shall be issued with each of the sign on the obverse of the quarter dollars sion of Fine Arts and review by the Citizens designs selected for such year. shall maintain a likeness of George Wash- Coinage Advisory Committee.’’. ‘‘(D) SPECIAL INSCRIPTIONS OR SYMBOL ington, and be designed in a manner so as to SEC. 5. SILVER BULLION COINS. ACROSS THE COINS.—The Secretary is encour- distinguish it from the obverse design used Section 5112 of title 31, United States Code, aged to develop and include on any coin during the previous quarter dollars program. is amended by replacing subsection (u) with issued in accordance with subsections (x), ‘‘(C) HALF DOLLAR OBVERSE.—The design on (y), or (z), a unifying inscription, privy the obverse of the half dollar shall maintain the following revised subsection: ‘‘(u) SILVER BULLION INVESTMENT PROD- mark, or other symbol for that particular a likeness of John Kennedy, and be designed UCT.— coin program. in a manner so as to distinguish it from the ‘‘(1) IN GENERAL.—The Secretary is author- ‘‘(4) LEGAL TENDER.—The coins minted obverse design used on the current half dol- under subsections (x), (y), and (z) shall be lar. ized to strike and make available for sale such number of bullion coins as the Sec- legal tender, as provided in section 5103. ‘‘(4) ISSUANCE OF COINS.— retary determines to be appropriate that fea- ‘‘(5) MARKETING AND EDUCATIONAL CAM- ‘‘(A) QUARTER DOLLAR.—The quarter dollar PAIGN.—In an effort to advance the col- coins bearing designs under this subsection ture the designs of the quarter dollars and lecting of the coins and medals authorized shall be issued at the rate of up to 5 new de- half dollars issued under subsections (x), (y), under subsections (x), (y), and (z), and numis- signs during each year of the period of and (z), that— matics in general, the Secretary may de- issuance described under paragraph (5). ‘‘(A) have a diameter of 3.0 inches and velop and execute a marketing, advertising, ‘‘(B) HALF DOLLAR.—The half dollar coins weigh 5.0 ounces; promotional, and educational program to bearing designs under this subsection shall ‘‘(B) contain .999 fine silver; promote the collecting of the coins and med- be issued at the rate of 1 new design during ‘‘(C) have incused into the edge the als authorized under subsections (x), (y), and each year of the period of issuance described fineness and weight of the bullion coin; and (z). As part of this program, the Secretary is under paragraph (5). ‘‘(D) bear an inscription of the denomina- encouraged to seek out appropriate coopera- ‘‘(5) PERIOD OF ISSUANCE.— tion of such coins, such denominations to be tive marketing opportunities, and to develop ‘‘(A) IN GENERAL.—The program established determined by the Secretary as the Sec- under this subsection shall continue in effect retary determines to be appropriate. ancillary derivative products beyond tradi- until the end of 2030. ‘‘(2) FRACTIONALS.—The Secretary is au- tional numismatic products such as sports, women, and youth oriented products appro- ‘‘(B) CONTINUITY.—After the date specified thorized to mint and issue so-called ‘frac- in subparagraph (A), the Secretary may con- tional’ silver bullion coins bearing the de- priate to the particular coin and medal pro- tinue to issue coins minted during the pro- signs of the quarter dollars and half dollars gram. gram but not yet issued. issued under subsections (x), (y), and (z) in ‘‘(6) QUALITY OF MEDALS.—It is the sense of ‘‘(6) ACCOMPANYING SPORTS MEDALS.—For sizes, weights, fineness, and denominations, Congress that the medals authorized under every design of a coin honoring a sport and with inscriptions, that the Secretary de- subsection (z) be produced in high relief and, issued under this subsection, the Secretary termines to be appropriate. if feasible and cost effective, with surface is authorized to design and issue one or more ‘‘(3) AVAILABILITY FOR SALE.—Should the treatments such as frosting and accompanying medals with designs emblem- Secretary exercise the Secretary’s discretion colorization.’’. atic of the sport honored with the issuance to strike bullion coins under this subsection, SEC. 7. DETERMINATION OF BUDGETARY EF- of the coin, and include a surcharge on the the bullion coins minted under paragraph (1) FECTS. sale the medals sold in accordance with this shall become available for sale no sooner The budgetary effects of this Act, for the paragraph, in an amount determined by the than the first day of the calendar year in purpose of complying with the Statutory Secretary, in the Secretary’s sole discretion, which the corresponding circulating quarter Pay-As-You-Go Act of 2010, shall be deter- that may be used for the design and manu- dollar or half dollar is issued. mined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legisla- facture of the medals described in paragraph ‘‘(4) CONTINUITY.—Until the conclusion of tion’’ for this Act, submitted for printing in (7). the quarter dollar program authorized under the Congressional Record by the Chairman of ‘‘(7) OLYMPIC MEDALS.— subsection (t), the Secretary shall strike and the House Budget Committee, provided that ‘‘(A) IN GENERAL.—The Secretary is author- make available for sale such number of bul- such statement has been submitted prior to ized to design and manufacture medals for lion coins as the Secretary determines to be the vote on passage. award at the 2028 Olympic Games in Los An- appropriate that are likenesses of the quar- geles, California. ter dollars issued under subsection (t).’’. Mr. CLEAVER (during the reading). ‘‘(B) WORKING STOCK.—The Secretary may SEC. 6. CIRCULATING COLLECTIBLE STANDARDS Madam Speaker, I ask unanimous con- use Treasury working gold and silver stock AND GENERAL PROVISIONS. sent to dispense with the reading. in the manufacture of the award medals pro- Section 5112 of title 31, United States Code, The SPEAKER pro tempore. Is there duced under this subsection. is amended by adding at the end the fol- objection to the request of the gen- ‘‘(C) OLYMPIC & PARALYMPIC COMMITTEES.— lowing new subsection: tleman from Missouri? The Secretary may provide the medals de- ‘‘(aa) STANDARDS AND GENERAL PROVISIONS There was no objection. scribed in this paragraph to the United FOR CIRCULATING COLLECTIBLE COINS UNDER The amendment was agreed to. States Olympic & Paralympic Committee SUBSECTIONS (X), (Y), AND (Z).— The bill was ordered to be engrossed under terms and conditions established by ‘‘(1) PROHIBITION ON CERTAIN REPRESENTA- and read a third time, was read the the Secretary. TIONS.—No head and shoulders portrait or third time, and passed. ‘‘(D) COOPERATIVE MARKETING AND PRO- bust of any person, living or dead, and no The title of the bill was amended so MOTION OPPORTUNITIES.—The Secretary is en- portrait of a living person may be included couraged to seek out cooperative marketing in the design on the reverse of any coin as to read: ‘‘A bill to amend title 31, and promotion opportunities, including with under subsections (x), (y), and (z). United States Code, to require the Sec- the United States Olympic & Paralympic ‘‘(2) TREATMENT AS NUMISMATIC ITEMS.—For retary of the Treasury to mint and Committee, LA28, and United States Olym- purposes of sections 5134 and 5136, all coins issue certain circulating collectible pic and Paralympic Properties to promote and medals minted under subsections (x), (y), coins, and for other purposes.’’.
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.036 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4709 A motion to reconsider was laid on (A) were the first people from the United SEC. 5. ISSUANCE OF COINS. the table. States to play in many Spanish-speaking (a) QUALITY OF COINS.—Coins minted under countries; and this Act shall be issued in uncirculated and f (B) introduced professional baseball to the proof qualities. NEGRO LEAGUES BASEBALL CEN- Japanese in 1927. (b) MINT FACILITIES.—Only 1 facility of the TENNIAL COMMEMORATIVE COIN (13) Jackie Robinson, a military veteran United States Mint may be used to strike any particular quality of the coins minted ACT and former member of the Negro league’s Kansas City Monarchs, would break Major under this Act. Mr. CLEAVER. Madam Speaker, I League Baseball’s color barrier on April 15, (c) PERIOD FOR ISSUANCE.—The Secretary ask unanimous consent that the Com- 1947, with the Brooklyn Dodgers, paving the may issue coins minted under this Act only mittee on Financial Services be dis- way for other African-American and His- during the period beginning on January 1, charged from further consideration of panic baseball players. 2021, and ending on December 31, 2021. the bill (H.R. 4104) to require the Sec- (14) The Negro Leagues were born out of SEC. 6. SALE OF COINS. segregation yet would become a driving force (a) SALE PRICE.—The coins issued under retary of the Treasury to mint a coin this Act shall be sold by the Secretary at a in commemoration of the 100th anni- for social change in the United States. (15) The Negro Leagues produced future price equal to the sum of— versary of the establishment of the Major League Baseball stars, including (1) the face value of the coins; Negro Leagues baseball, and ask for its Leroy ‘‘Satchel’’ Paige, Larry Doby, Willie (2) the surcharge provided in section 7(a) immediate consideration in the House. Mays, Henry Aaron, Ernie Banks, and Roy with respect to such coins; and The Clerk read the title of the bill. Campanella. (3) the cost of designing and issuing the The SPEAKER pro tempore. Is there (16) The Negro Leagues Baseball Museum coins (including labor, materials, dies, use of objection to the request of the gen- was established in Kansas City, Missouri, in machinery, overhead expenses, marketing, tleman from Missouri? 1990— and shipping). There was no objection. (A) to save from extinction a precious (b) BULK SALES.—The Secretary shall The text of the bill is as follows: piece of Americana and baseball history; and make bulk sales of the coins issued under this Act at a reasonable discount. H.R. 4104 (B) to use the many life lessons of the pow- erful story of triumph over adversity of (c) PREPAID ORDERS.— Be it enacted by the Senate and House of Rep- Negro Leagues players to promote tolerance, (1) IN GENERAL.—The Secretary shall ac- resentatives of the United States of America in cept prepaid orders for the coins minted Congress assembled, diversity, and inclusion. (17) In 2006, Congress granted National Des- under this Act before the issuance of such SECTION 1. SHORT TITLE. ignation to the Negro Leagues Baseball Mu- coins. This Act may be cited as the ‘‘Negro seum, recognizing it as ‘‘America’s Home’’ (2) DISCOUNT.—Sale prices with respect to Leagues Baseball Centennial Commemora- for Negro Leagues baseball history. prepaid orders under paragraph (1) shall be tive Coin Act’’. at a reasonable discount. SEC. 3. COIN SPECIFICATIONS. SEC. 2. FINDINGS. SEC. 7. SURCHARGES. (a) DENOMINATIONS.—The Secretary of the The Congress finds the following: Treasury (hereafter in this Act referred to as (a) IN GENERAL.—All sales of coins issued (1) The year 2020 marks the 100th anniver- the ‘‘Secretary’’) shall mint and issue the under this Act shall include a surcharge as sary of the establishment of the Negro Na- following coins in commemoration of the follows: tional League, a professional baseball league 100th anniversary of the establishment of the (1) A surcharge of $35 per coin for the gold formed in response to African-American Negro Leagues baseball: coins. players being banned from the major (1) $5 GOLD COINS.—Not more than 50,000 $5 (2) A surcharge of $10 per coin for the silver leagues. coins, which shall— coins. (2) On February 13, 1920, Andrew ‘‘Rube’’ (A) weigh 8.359 grams; (3) A surcharge of $5 per coin for the half- Foster convened a meeting of 8 independent (B) have a diameter of 0.850 inches; and dollar coins. African-American baseball team owners at (C) contain not less than 90 percent gold. (b) DISTRIBUTION.—Subject to section the Paseo YMCA in Kansas City, Missouri, to 5134(f) of title 31, United States Code, all sur- (2) $1 SILVER COINS.—Not more than 400,000 form a ‘‘league of their own,’’ establishing $1 coins, which shall— charges received by the Secretary from the the Negro National League, the first success- (A) weigh 26.73 grams; sale of coins issued under this Act shall be paid to the Negro Leagues Baseball Museum ful, organized professional African-American (B) have a diameter of 1.500 inches; and to fund educational and outreach programs baseball league in the United States. (C) contain not less than 90 percent silver. (3) Soon, additional leagues formed in east- and exhibits. (3) HALF-DOLLAR CLAD COINS.—Not more (c) AUDITS.—The Negro Leagues Baseball ern and southern States. than 750,000 half-dollar coins which shall— (4) The Negro Leagues would operate for 40 Museum shall be subject to the audit re- (A) weigh 11.34 grams; quirements of section 5134(f)(2) of title 31, years until 1960. (B) have a diameter of 1.205 inches; and (5) The story of the Negro Leagues is a United States Code, with regard to the (C) be minted to the specifications for half- amounts received under subsection (b). story of strong-willed athletes who forged a dollar coins contained in section 5112(b) of glorious history in the midst of an inglorious (d) LIMITATION.—Notwithstanding sub- title 31, United States Code. section (a), no surcharge may be included era of segregation in the United States. (b) LEGAL TENDER.—The coins minted (6) The passion of the Negro Leagues play- with respect to the issuance under this Act under this Act shall be legal tender, as pro- of any coin during a calendar year if, as of ers for the National Pastime would not only vided in section 5103 of title 31, United States change the game, but also the United States. the time of such issuance, the issuance of Code. such coin would result in the number of com- (7) The creation of the Negro Leagues pro- (c) NUMISMATIC ITEMS.—For purposes of memorative coin programs issued during vided a playing field for more than 2,600 Afri- sections 5134 and 5136 of title 31, United such year to exceed the annual 2 commemo- can-American and Hispanic baseball players States Code, all coins minted under this Act rative coin program issuance limitation to showcase their world-class baseball abili- shall be considered to be numismatic items. ties. under section 5112(m)(1) of title 31, United SEC. 4. DESIGN OF COINS. States Code. The Secretary of the Treasury (8) The Negro Leagues introduced an excit- (a) DESIGN REQUIREMENTS.— may issue guidance to carry out this sub- ing brand of baseball that was in stark con- (1) IN GENERAL.—The design of the coins section. trast to Major League Baseball. minted under this Act shall be emblematic SEC. 8. FINANCIAL ASSURANCES. (9) A fast, aggressive style of play at- of the Negro Leagues Baseball Museum and The Secretary shall take such actions as tracted black and white fans who sat to- its mission to promote tolerance, diversity, may be necessary to ensure that— gether to watch those games at a time when and inclusion. (1) minting and issuing coins under this it was virtually unheard of to interact so- (2) DESIGNATION AND INSCRIPTIONS.—On Act will not result in any net cost to the cially in such a way. each coin minted under this Act, there shall United States Government; and (10) Negro Leagues baseball would become be— (2) no funds, including applicable sur- a catalyst for economic development across (A) a designation of the value of the coin; charges, shall be disbursed to any recipient the United States in major urban centers (B) an inscription of the year ‘‘2021’’; and designated in section 7(b) until the total cost such as Kansas City, St. Louis, New York, (C) inscriptions of the words ‘‘Liberty’’, of designing and issuing all of the coins au- Memphis, Baltimore, Washington, DC, Chi- ‘‘In God We Trust’’, ‘‘United States of Amer- thorized by this Act (including labor, mate- cago, and Atlanta. ica’’, and ‘‘E Pluribus Unum’’. rials, dies, use of machinery, overhead ex- (11) The Negro Leagues pioneered ‘‘Night (b) SELECTION.—The design for the coins Baseball’’ in 1930, 5 years before Major minted under this Act shall be— penses, marketing, and shipping) is recov- League Baseball, and would introduce game (1) selected by the Secretary after con- ered by the United States Treasury, con- changing innovations such as shin guards sultation with the Negro Leagues Baseball sistent with sections 5112(m) and 5134(f) of and the batting helmet. Museum and the Commission of Fine Arts; title 31, United States Code. (12) The Negro Leagues helped make the and AMENDMENT OFFERED BY MR. CLEAVER National Pastime a global game as players (2) reviewed by the Citizens Coinage Advi- Mr. CLEAVER. Madam Speaker, I from the Negro Leagues— sory Committee. have an amendment at the desk.
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.099 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4710 CONGRESSIONAL RECORD — HOUSE September 22, 2020 The SPEAKER pro tempore. The (A) to save from extinction a precious (b) BULK SALES.—The Secretary shall Clerk will report the amendment. piece of Americana and baseball history; and make bulk sales of the coins issued under The Clerk read as follows: (B) to use the many life lessons of the pow- this Act at a reasonable discount. (c) PREPAID ORDERS.— Strike all after the enacting clause and in- erful story of triumph over adversity of sert the following: Negro Leagues players to promote tolerance, (1) IN GENERAL.—The Secretary shall ac- diversity, and inclusion. cept prepaid orders for the coins minted SECTION 1. SHORT TITLE. under this Act before the issuance of such This Act may be cited as the ‘‘Negro (17) In 2006, Congress granted National Des- coins. Leagues Baseball Centennial Commemora- ignation to the Negro Leagues Baseball Mu- tive Coin Act’’. seum, recognizing it as ‘‘America’s Home’’ (2) DISCOUNT.—Sale prices with respect to for Negro Leagues baseball history. prepaid orders under paragraph (1) shall be SEC. 2. FINDINGS. at a reasonable discount. The Congress finds the following: SEC. 3. COIN SPECIFICATIONS. (1) The year 2020 marks the 100th anniver- (a) DENOMINATIONS.—The Secretary of the SEC. 7. SURCHARGES. sary of the establishment of the Negro Na- Treasury (hereafter in this Act referred to as (a) IN GENERAL.—All sales of coins issued tional League, a professional baseball league the ‘‘Secretary’’) shall mint and issue the under this Act shall include a surcharge of— formed in response to African-American following coins: (1) $35 per coin for the $5 coin; players being banned from the major (1) $5 GOLD COINS.—Not more than 50,000 $5 (2) $10 per coin for the $1 coin; and leagues. coins, which shall— (3) $5 per coin for the half-dollar coin. (2) On February 13, 1920, Andrew ‘‘Rube’’ (A) weigh 8.359 grams; (b) DISTRIBUTION.—Subject to section Foster convened a meeting of 8 independent (B) have a diameter of 0.850 inches; and 5134(f)(1) of title 31, United States Code, all African-American baseball team owners at (C) contain not less than 90 percent gold. surcharges received by the Secretary from the Paseo YMCA in Kansas City, Missouri, to (2) $1 SILVER COINS.—Not more than 400,000 the sale of coins issued under this Act shall form a ‘‘league of their own,’’ establishing $1 coins, which shall— be promptly paid by the Secretary to the the Negro National League, the first success- (A) weigh 26.73 grams; Negro Leagues Baseball Museum for edu- ful, organized professional African-American (B) have a diameter of 1.500 inches; and cational and outreach programs and exhib- baseball league in the United States. (C) contain not less than 90 percent silver. its. (3) Soon, additional leagues formed in east- (3) HALF-DOLLAR CLAD COINS.—Not more (c) AUDITS.—The Negro Leagues Baseball ern and southern States. than 400,000 half-dollar coins which shall— Museum shall be subject to the audit re- (4) The Negro Leagues would operate for 40 (A) weigh 11.34 grams; quirements of section 5134(f)(2) of title 31, years until 1960. (B) have a diameter of 1.205 inches; and United States Code, with regard to the (5) The story of the Negro Leagues is a (C) be minted to the specifications for half- amounts received under subsection (b). story of strong-willed athletes who forged a dollar coins contained in section 5112(b) of (d) LIMITATION.—Notwithstanding sub- glorious history in the midst of an inglorious title 31, United States Code. section (a), no surcharge may be included era of segregation in the United States. (b) LEGAL TENDER.—The coins minted with respect to the issuance under this Act (6) The passion of the Negro Leagues play- under this Act shall be legal tender, as pro- of any coin during a calendar year if, as of ers for the ‘‘National Pastime’’ would not vided in section 5103 of title 31, United States the time of such issuance, the issuance of only change the game, but also the United Code. such coin would result in the number of com- memorative coin programs issued during States. (c) NUMISMATIC ITEMS.—For purposes of (7) The creation of the Negro Leagues pro- section 5134 of title 31, United States Code, such year to exceed the annual 2 commemo- vided a playing field for more than 2,600 Afri- all coins minted under this Act shall be con- rative coin program issuance limitation can-American and Hispanic baseball players sidered to be numismatic items. under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the to showcase their world-class baseball abili- SEC. 4. DESIGNS OF COINS. ties. enactment of this Act). The Secretary of the (a) DESIGN REQUIREMENTS.— (8) The Negro Leagues introduced an excit- Treasury may issue guidance to carry out (1) IN GENERAL.—The designs of the coins this subsection. ing brand of baseball that was in stark con- minted under this Act shall be emblematic SEC. 8. FINANCIAL ASSURANCES. trast to Major League Baseball. of the Negro Leagues Baseball Museum and The Secretary shall take such actions as (9) A fast, aggressive style of play at- its mission to promote tolerance, diversity, may be necessary to ensure that— tracted black and white fans who sat to- and inclusion. gether to watch those games at a time when (1) minting and issuing coins under this (2) DESIGNATION AND INSCRIPTIONS.—On Act will not result in any net cost to the it was virtually unheard of to interact so- each coin minted under this Act there shall United States Government; and cially in such a way. be— (2) no funds, including applicable sur- (10) Negro Leagues baseball would become (A) a designation of the value of the coin; charges, are disbursed to any recipient des- a catalyst for economic development across (B) an inscription of the year ‘‘2022’’; and ignated in section 7 until the total cost of the United States in major urban centers (C) inscriptions of the words ‘‘Liberty’’, designing and issuing all of the coins author- such as Kansas City, St. Louis, New York, ‘‘In God We Trust’’, ‘‘United States of Amer- ized by this Act (including labor, materials, Memphis, Baltimore, Washington, DC, Chi- ica’’, and ‘‘E Pluribus Unum’’. cago, and Atlanta. dies, use of machinery, overhead expenses, (b) SELECTION.—The designs for the coins marketing, and shipping) is recovered by the (11) The Negro Leagues pioneered ‘‘Night minted under this Act shall be— United States Treasury, consistent with sec- Baseball’’ in 1930, 5 years before Major (1) selected by the Secretary after con- tions 5112(m) and 5134(f) of title 31, United League Baseball, and would introduce game- sultation with the Negro Leagues Baseball States Code. changing innovations such as shin guards Museum and the Commission of Fine Arts; and the batting helmet. and SEC. 9. MARKETING AND EDUCATIONAL CAM- PAIGN. (12) The Negro Leagues helped make the (2) reviewed by the Citizens Coinage Advi- The Secretary shall develop and execute a National Pastime a global game as players sory Committee. from the Negro Leagues— marketing, advertising, promotional, and (A) were the first people from the United SEC. 5. ISSUANCE OF COINS. educational program to promote the col- States to play in many Spanish-speaking (a) QUALITY OF COINS.—Coins minted under lecting of the coins authorized under this countries; and this Act shall be issued in uncirculated and subsection. (B) introduced professional baseball to the proof qualities. SEC. 10. DETERMINATION OF BUDGETARY EF- Japanese in 1927. (b) MINT FACILITIES.—Only 1 facility of the FECTS. (13) Jackie Robinson, a military veteran United States Mint may be used to strike The budgetary effects of this Act, for the and former member of the Negro Leagues’ any particular quality of the coins minted purpose of complying with the Statutory Kansas City Monarchs, would break Major under this Act. Pay-As-You-Go Act of 2010, shall be deter- League Baseball’s color barrier on April 15, (c) PERIOD FOR ISSUANCE.—The Secretary mined by reference to the latest statement 1947, with the Brooklyn Dodgers, paving the may issue coins minted under this Act only titled ‘‘Budgetary Effects of PAYGO Legisla- way for other African-American and His- during the 1-year period beginning on Janu- tion’’ for this Act, submitted for printing in panic baseball players. ary 1, 2022. the Congressional Record by the Chairman of (14) The Negro Leagues were born out of SEC. 6. SALE OF COINS. the House Budget Committee, provided that segregation yet would become a driving force (a) SALE PRICE.—The coins issued under such statement has been submitted prior to for social change in the United States. this Act shall be sold by the Secretary at a the vote on passage. (15) The Negro Leagues produced future price equal to the sum of— Mr. CLEAVER (during the reading). Major League Baseball stars, including (1) the face value of the coins; Madam Speaker, I ask unanimous con- Leroy ‘‘Satchel’’ Paige, Larry Doby, Willie (2) the surcharge provided in section 7(a) Mays, Henry Aaron, Ernie Banks, and Roy with respect to such coins; and sent to dispense with the reading. Campanella. (3) the cost of designing and issuing the The SPEAKER pro tempore. Is there (16) The Negro Leagues Baseball Museum coins (including labor, materials, dies, use of objection to the request of the gen- was established in Kansas City, Missouri, in machinery, overhead expenses, marketing, tleman from Missouri? 1990— and shipping). There was no objection.
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.100 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4711 The amendment was agreed to. lar and the 100th anniversary of commence- drew Mellon, replacing the Morgan silver The bill was ordered to be engrossed ment of coinage of the Peace dollar, each of dollar and commemorating the declaration and read a third time, was read the which shall— of peace between the United States and the third time, and passed, and a motion to (1) weigh 26.73 grams; Imperial German government. (2) have a diameter of 1.500 inches; (2) The Peace silver dollar was minted in reconsider was laid on the table. (3) contain not less than 90 percent silver; Philadelphia, Denver and San Francisco. The f and Morgan silver dollar was minted at Philadel- 1921 SILVER DOLLAR COIN (4) have a reeded edge. phia, Denver, San Francisco, Carson City, (b) LEGAL TENDER.—The coins minted and New Orleans. ANNIVERSARY ACT under this Act shall be legal tender, as pro- (3) The Peace silver dollar was designed by Mr. CLEAVER. Madam Speaker, I vided in section 5103 of title 31, United States Anthony de Francisci with the Goddess of ask unanimous consent that the Com- Code. Liberty on the obverse and a bald eagle mittee on Financial Services be dis- (c) NUMISMATIC ITEMS.—For purposes of clutching the olive branch (a symbol of sections 5134 and 5136 of title 31, United peace) on the reverse. The Peace silver dol- charged from further consideration of States Code, all coins minted under this Act lars were minted between 1921 to 1935. the bill (H.R. 6192) to require the Sec- shall be considered to be numismatic items. (4) The Morgan silver dollar was designed retary of the Treasury to honor the SEC. 4. DESIGN OF COINS. by George T. Morgan and was minted from 100th anniversary of completion of (a) DESIGN REQUIREMENTS.— 1878 to 1904, and again in 1921. The obverse coinage of the ‘‘Morgan Dollar’’ and (1) IN GENERAL.—The designs of the coins depicts a profile portrait of Lady Liberty and the 100th anniversary of commence- minted under this Act shall honor either the on the reverse, a heraldic eagle. ment of coinage of the ‘‘Peace Dollar’’, Morgan dollar or the Peace dollar, as fol- (5) The conversion from the Morgan silver lows— dollar to the Peace silver dollar design in and for other purposes, and ask for its 1921 reflected a pivotal moment in American immediate consideration in the House. (A) MORGAN DOLLAR.—The coins honoring the 100th anniversary of completion of coin- history. The Morgan silver dollar represents The Clerk read the title of the bill. age of the Morgan dollar shall have an ob- the country’s westward expansion and indus- The SPEAKER pro tempore. Is there verse design and a reverse design that are trial development in the late 19th century. objection to the request of the gen- renditions of the designs historically used on The Peace silver dollar symbolizes the coun- tleman from Missouri? the obverse and reverse of the Morgan dollar. try’s coming of age as an international There was no objection. (B) PEACE DOLLAR.—The coins honoring the power while recognizing the sacrifices made The text of the bill is as follows: 100th anniversary of commencement of coin- by her citizens in World War I and cele- brating the victory and peace that ensued. H.R. 6192 age of the Peace dollar shall have an obverse design and a reverse design that are ren- (6) These iconic silver dollars with vastly Be it enacted by the Senate and House of Rep- ditions of the designs historically used on different representations of Lady Liberty resentatives of the United States of America in the obverse and reverse of the Peace dollar. and the American Eagle, reflect a changing Congress assembled, (2) DESIGNATION AND INSCRIPTIONS.—On of the guard in 1921 in the United States and SECTION 1. SHORT TITLE. each coin minted under this Act, there shall therefore on the 100th anniversary must This Act may be cited as the ‘‘1921 Silver be— begin to be minted again to commemorate Dollar Coin Anniversary Act’’. (A) a designation of the value of the coin; this significant evolution of American free- SEC. 2. FINDINGS. (B) an inscription of the year of minting or dom. The Congress finds that following: issuance; and SEC. 3. COIN SPECIFICATIONS. (1) In December 1921, the Peace silver dol- (C) inscriptions of the words ‘‘Liberty’’, (a) $1 SILVER COINS.—The Secretary of the lar was approved by Treasury Secretary An- ‘‘In God We Trust’’, ‘‘United States of Amer- Treasury (hereafter in this Act referred to as drew Mellon, replacing the Morgan silver ica’’, and ‘‘E Pluribus Unum’’. the ‘‘Secretary’’) shall mint and issue $1 dollar and commemorating the declaration (b) SELECTION.—The design for the coins coins in recognition of the 100th anniversary of peace between the United States and the minted under this Act shall be— of completion of coinage of the Morgan dol- Imperial German government. (1) selected by the Secretary after con- lar and the 100th anniversary of commence- ment of coinage of the Peace dollar, each of (2) The Peace silver dollar was minted in sultation with the Commission of Fine Arts; which shall— Philadelphia, Denver and San Francisco. The and (1) weigh 26.73 grams; Morgan silver dollar was minted at Philadel- (2) reviewed by the Citizens Coinage Advi- (2) have a diameter of 1.500 inches; phia, Denver, San Francisco, Carson City, sory Committee. (3) contain not less than 90 percent silver; and New Orleans. SEC. 5. ISSUANCE OF COINS. and (3) The Peace silver dollar was designed by The Secretary may issue coins minted (4) have a reeded edge. Anthony de Francisci with the Goddess of under this Act beginning on January 1, 2021. (b) LEGAL TENDER.—The coins minted Liberty on the obverse and a bald eagle SEC. 6. SALE OF COINS. under this Act shall be legal tender, as pro- (a) SALE PRICE.—The coins issued under clutching the olive branch (a symbol of vided in section 5103 of title 31, United States peace) on the reverse. The Peace silver dol- this Act shall be sold by the Secretary at a Code. lars were minted between 1921 to 1935. price equal to the sum of— (c) NUMISMATIC ITEMS.—For purposes of (4) The Morgan silver dollar was designed (1) the face value of the coins; and sections 5134 and 5136 of title 31, United by George T. Morgan and was minted from (2) the cost of designing and issuing the States Code, all coins minted under this Act 1878 to 1904, and again in 1921. The obverse coins (including labor, materials, dies, use of shall be considered to be numismatic items. depicts a profile portrait of Lady Liberty and machinery, overhead expenses, marketing, SEC. 4. DESIGN OF COINS. on the reverse, a heraldic eagle. and shipping). (a) DESIGN REQUIREMENTS.— (b) BULK SALES.—The Secretary may make (5) The conversion from the Morgan silver (1) IN GENERAL.—The designs of the coins dollar to the Peace silver dollar design in bulk sales of the coins issued under this Act minted under this Act shall honor either the 1921 reflected a pivotal moment in American at a reasonable discount. Morgan dollar or the Peace dollar, as fol- history. The Morgan silver dollar represents SEC. 7. FINANCIAL ASSURANCES. lows— the country’s westward expansion and indus- The Secretary of the Treasury shall take (A) MORGAN DOLLAR.—The coins honoring trial development in the late 19th century. such actions as may be necessary to ensure the 100th anniversary of completion of coin- The Peace silver dollar symbolizes the coun- that the minting and issuing of coins under age of the Morgan dollar shall have an ob- try’s coming of age as an international the Act will not result in any net cost to the verse design and a reverse design that are power while recognizing the sacrifices made United States Government. renditions of the designs historically used on by her citizens in World War I and cele- AMENDMENT OFFERED BY MR. CLEAVER the obverse and reverse of the Morgan dollar. brating the victory and peace that ensued. Mr. CLEAVER. Madam Speaker, I (B) PEACE DOLLAR.—The coins honoring the (6) These iconic silver dollars with vastly 100th anniversary of commencement of coin- different representations of Lady Liberty have an amendment at the desk. The SPEAKER pro tempore. The age of the Peace dollar shall have an obverse and the American Eagle, reflect a changing design and a reverse design that are ren- of the guard in 1921 in the United States and Clerk will report the amendment. ditions of the designs historically used on therefore on the 100th anniversary must The Clerk read as follows: the obverse and reverse of the Peace dollar. begin to be minted again to commemorate Strike all after the enacting clause and in- (2) DESIGNATION AND INSCRIPTIONS.—On this significant evolution of American free- sert the following: each coin minted under this Act, there shall dom. SECTION 1. SHORT TITLE. be— SEC. 3. COIN SPECIFICATIONS. This Act may be cited as the ‘‘1921 Silver (A) a designation of the value of the coin; (a) $1 SILVER COINS.—The Secretary of the Dollar Coin Anniversary Act’’. (B) an inscription of the year of minting or Treasury (hereafter in this Act referred to as SEC. 2. FINDINGS. issuance; and the ‘‘Secretary’’) shall mint and issue $1 The Congress finds that following: (C) inscriptions of the words ‘‘Liberty’’, coins in recognition of the 100th anniversary (1) In December 1921, the Peace silver dol- ‘‘In God We Trust’’, ‘‘United States of Amer- of completion of coinage of the Morgan dol- lar was approved by Treasury Secretary An- ica’’, and ‘‘E Pluribus Unum’’.
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K22SE7.101 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4712 CONGRESSIONAL RECORD — HOUSE September 22, 2020
(b) SELECTION.—The design for the coins SEC. 2. FINDINGS. in honor of Merrill’s Marauders, the gold minted under this Act shall be— Congress finds that— medal shall be given to the Smithsonian In- (1) selected by the Secretary after con- (1) in August 1943, President Franklin D. stitution, where it shall be displayed as ap- sultation with the Commission of Fine Arts; Roosevelt and other Allied leaders proposed propriate and made available for research. and the creation of a ground unit of the Armed (2) SENSE OF CONGRESS.—It is the sense of (2) reviewed by the Citizens Coinage Advi- Forces that would engage in a ‘‘long-range Congress that the Smithsonian Institution sory Committee. penetration mission’’ in Japanese-occupied should make the gold medal received under SEC. 5. ISSUANCE OF COINS. Burma to— paragraph (1) available for display elsewhere, The Secretary may issue coins minted (A) cut off Japanese communications and particularly at other locations and events under this Act beginning on January 1, 2021. supply lines; and associated with Merrill’s Marauders. SEC. 6. SALE OF COINS. (B) capture the town of Myitkyina and the SEC. 4. DUPLICATE MEDALS. (a) SALE PRICE.—The coins issued under Myitkyina airstrip, both of which were held Under such regulations as the Secretary this Act shall be sold by the Secretary at a by the Japanese; may prescribe, the Secretary may strike and price equal to the sum of— (2) President Roosevelt issued a call for sell duplicates in bronze of the gold medal (1) the face value of the coins; and volunteers for ‘‘a dangerous and hazardous struck under section 3, at a price sufficient (2) the cost of designing and issuing the mission’’ and the call was answered by ap- to cover the costs of the medals, including coins (including labor, materials, dies, use of proximately 3,000 soldiers from the United labor, materials, dies, use of machinery, and machinery, overhead expenses, marketing, States; overhead expenses. and shipping). (3) the Army unit composed of the soldiers (b) BULK SALES.—The Secretary may make described in paragraph (2)— SEC. 5. STATUS OF MEDALS. bulk sales of the coins issued under this Act (A) was officially designated as the ‘‘5307th Medals struck pursuant to this Act are na- at a reasonable discount. Composite Unit (Provisional)’’ with the code tional medals for purposes of chapter 51 of SEC. 7. FINANCIAL ASSURANCES. name ‘‘Galahad’’; and title 31, United States Code. The Secretary of the Treasury shall take (B) later became known as ‘‘Merrill’s Ma- such actions as may be necessary to ensure rauders’’ (referred to in this section as the The bill was ordered to be read a that the minting and issuing of coins under ‘‘Marauders’’) in reference to its leader, Brig- third time, was read the third time, the Act will not result in any net cost to the adier General Frank Merrill; and passed, and a motion to reconsider United States Government. (4) in February 1944, the Marauders began was laid on the table. SEC. 8. DETERMINATION OF BUDGETARY EF- their approximately 1,000-mile trek through FECTS. the dense Burmese jungle with no artillery f The budgetary effects of this Act, for the support, carrying their supplies on their purpose of complying with the Statutory backs or the pack saddles of mules; Pay-As-You-Go Act of 2010, shall be deter- (5) over the course of their 5-month trek to HONORING SUPREME COURT mined by reference to the latest statement Myitkyina, the Marauders fought victori- JUSTICE RUTH BADER GINSBURG titled ‘‘Budgetary Effects of PAYGO Legisla- ously against larger Japanese forces through tion’’ for this Act, submitted for printing in 5 major and 30 minor engagements; (Ms. KAPTUR asked and was given the Congressional Record by the Chairman of (6) during their march to Myitkyina, the permission to address the House for 1 the House Budget Committee, provided that Marauders faced hunger and disease that minute.) such statement has been submitted prior to were exacerbated by inadequate aerial resup- Ms. KAPTUR. Madam Speaker, I rise the vote on passage. ply drops; (7) malaria, typhus, and dysentery inflicted today in reflection following the tragic Mr. CLEAVER (during the reading). loss of Supreme Court Justice Ruth Madam Speaker, I ask unanimous con- more casualties on the Marauders than the Japanese; Bader Ginsburg. sent to dispense with the reading. (8) by August 1944, the Marauders had ac- Justice Ginsburg not only has woven The SPEAKER pro tempore. Is there complished their mission, successfully dis- objection to the request of the gen- her legacy into the fabric of American rupting Japanese supply and communication law, but blossomed into a progressive tleman from Missouri? lines and taking the town of Myitkyina and There was no objection. the Myitkyina airstrip, the only all-weather cultural icon as a result of her dogged The amendment was agreed to. airstrip in Northern Burma; defense of women’s rights and gender The bill was ordered to be engrossed (9) after taking Myitkyina, only 130 Ma- equality. and read a third time, was read the rauders out of the original 2,750 were fit for Her personality and words of delib- third time, and passed, and a motion to duty and all remaining Marauders still in ac- erate intention seamlessly filled our reconsider was laid on the table. tion were evacuated to hospitals due to trop- courts with promise and purpose and ical diseases, exhaustion, and malnutrition; f (10) for their bravery and accomplish- our hearts with gratitude. MERRILL’S MARAUDERS CONGRES- ments, the Marauders were awarded the To say that her time as an attorney SIONAL GOLD MEDAL ACT ‘‘Distinguished Unit Citation’’, later redesig- and Justice was revolutionary is an un- nated as the ‘‘Presidential Unit Citation’’, derstatement. Her impact, her mem- Mr. CLEAVER. Madam Speaker, I and a Bronze Star; and ory, her stature will never be forgotten ask unanimous consent that the Com- (11) though the Marauders were oper- and will be forever honored. mittee on Financial Services and the ational for only a few months, the legacy of Committee on House Administration their bravery is honored by the Army As early as the 1970s, Justice Gins- be discharged from further consider- through the modern day 75th Ranger Regi- burg dedicated her career to the ad- ation of the bill (S. 743) to award a Con- ment, which traces its lineage directly to the vancement of women’s equality. Acting gressional Gold Medal to the soldiers of 5307th Composite Unit. as an unprecedented firebrand for ac- the 5307th Composite Unit (Provi- SEC. 3. CONGRESSIONAL GOLD MEDAL. cessible, lawful, and equitable govern- sional), commonly known as ‘‘Merrill’s (a) AWARD AUTHORIZED.—The Speaker of ment, she became not only a woman I the House of Representatives and the Presi- admire so fervently, but a woman that Marauders’’, in recognition of their dent pro tempore of the Senate shall make bravery and outstanding service in the has become an installation of Amer- appropriate arrangements for the award, on ican regality. jungles of Burma during World War II, behalf of Congress, of a single gold medal of and ask for its immediate consider- appropriate design to the soldiers of the When asked how she might wish to be ation in the House. 5307th Composite Unit (Provisional) (referred remembered, she answered: ‘‘Just as The Clerk read the title of the bill. to in this section as ‘‘Merrill’s Marauders’’), someone who did whatever she could, The SPEAKER pro tempore. Is there in recognition of their bravery and out- with whatever limited talent she had, objection to the request of the gen- standing service in the jungles of Burma dur- to move society along in the direction tleman from Missouri? ing World War II. I would like it to be for my children There was no objection. (b) DESIGN AND STRIKING.—For the pur- and grandchildren.’’ poses of the award referred to in subsection The text of the bill is as follows: (a), the Secretary of the Treasury (referred I believe she rests knowing she ac- S. 743 to in this Act as the ‘‘Secretary’’) shall complished just that. Be it enacted by the Senate and House of Rep- strike a gold medal with suitable emblems, Thank you, Justice Ginsburg. What resentatives of the United States of America in devices, and inscriptions, to be determined shooting stars your precious life has Congress assembled, by the Secretary. yielded, giving guidance to human SECTION 1. SHORT TITLE. (c) SMITHSONIAN INSTITUTION.— This Act may be cited as the ‘‘Merrill’s (1) IN GENERAL.—Following the award of progress here at home and abroad. Marauders Congressional Gold Medal Act’’. the gold medal referred to in subsection (a) A grateful nation says, thank you.
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.042 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4713 DEMOCRACY DEMANDS Aid to children, we need that as well. LETTER SUBMITTED PURSUANT JOURNALISM And, of course, housing for the elder- TO SECTION 4(b) OF HOUSE RES- (Mr. JOHNSON of South Dakota ly; and our community health centers OLUTION 965, 116TH CONGRESS asked and was given permission to ad- are desperate in the midst of COVID–19. Just a few hours ago, I went to visit COMMITTEE ON EDUCATION AND LABOR dress the House for 1 minute and to re- the 20,000 flags evidencing 200,000 dead. COMMITTEE ON EDUCATION AND vise and extend his remarks.) LABOR, HOUSE OF REPRESENTA- Mr. JOHNSON of South Dakota. I stood there. It was overwhelming. The power of our failures in this ad- TIVES, Madam Speaker, it was Thomas Jeffer- ministration of not doing a job, not Washington, DC, September 22, 2020. son who said that, if he had to choose, testing, not telling people to wear their Hon. NANCY PELOSI, he would prefer newspapers without masks, not socially distancing: 200,000 Speaker of the House, government over government without House of Representatives, Washington, DC. Americans are dead. newspapers. Pass the HEROES Act now. Pass it DEAR SPEAKER PELOSI: Pursuant to section Now, that is quite a dramatic state- now. Wear your masks to make a dif- 4(b) of House Resolution 965, we are writing ment, but I think it highlights how ference in the lives of Americans. to inform you that the Committee on Edu- critical journalism is to holding gov- We must do our job. I support the CR cation and Labor has met the requirements for conducting a business meeting outlined ernment accountable. Indeed, as my to keep the government alive. lapel pin notes tonight, ‘‘Democracy in regulation E.1 of the remote committee f demands journalism.’’ proceedings regulations, inserted into the Now, journalism is not a comfortable HONORING CHATHAM COUNTY Congressional Record on May 15, 2020, and that the Committee is prepared to conduct a duty. I suspect every good reporter has COMMISSIONER JAMES HOLMES remote meeting and permit remote partici- faced the wrath of a wronged politician (Mr. CARTER of Georgia asked and pation. and has had disgruntled viewers or was given permission to address the In meeting these requirements, the Com- readers or listeners cancel their pa- House for 1 minute and to revise and mittee held a non-public business meeting tronage. extend his remarks.) rehearsal on September 22, 2020; a public full It is tempting for us to be among the Mr. CARTER of Georgia. Madam Committee hearing with remote participa- disgruntled, but if we want a free soci- Speaker, I rise today to remember and tion on June 22, 2020; and a public full com- ety, we have to support a free press, honor the life of Chatham County Com- mittee hearing with remote participation on one whose loyalty is not to partisan missioner James Holmes from Geor- June 15, 2020. endeavors or to stoking division and gia’s First Congressional District, who Sincerely, conflict but, rather, is to the truth. passed away on August 17. Robert C. ‘‘Bobby’’ Scott, Chairman; Yes, Madam Speaker, democracy Commissioner Holmes was a devoted Raul M. Grijalva; Marcia L. Fudge; Frederica S. Wilson; Mark Takano; does demand journalism. public servant who served as Chatham Mark DeSaulnier; Susan A. Davis; Joe f County Commissioner for 16 years, and Courtney; Gregorio Kilili Camacho he was well known for his work with SUPPORT THE CR TO KEEP THE Sablan; Suzanne Bonamici. the Frank Callen Boys & Girls Club. Alma S. Adams, Ph.D.; Donald Norcross; GOVERNMENT ALIVE Everyone who knew him remembered Pramila Jayapal; Susan Wild; Lucy (Ms. JACKSON LEE asked and was him as always smiling and living his McBath; Lauren Underwood; Donna E. given permission to address the House life to serve others. Shalala; Ilhan Omar; Joseph D. for 1 minute.) Commissioner Holmes was known as Morelle; Josh Harder. Ms. JACKSON LEE. Madam Speaker, ‘‘Coach,’’ since he was a basketball Kim Schrier, M.D.; Jahana Hayes; Andy I rise enthusiastically to support H.R. coach at Savannah State University. Levin; David J. Trone; Haley M. Ste- 8337, because we did our job to keep the He spent 35 years as a program direc- vens; Lori Trahan; Susie Lee; Joaquin Castro. government open, but it is important tor at the Frank Callen Boys & Girls for my constituents to know that we Club, and he was extremely devoted to f have supported the Supplemental Nu- improving the lives of youth in his trition Assistance Program because of community. food insecurity. Commissioner Holmes was one of the ADJOURNMENT We are keeping the Census Bureau kindest, most devoted people who The SPEAKER pro tempore. Pursu- funding. I just got through working served his community selflessly. Ev- ant to section 4(b) of House Resolution with my constituents: Do your census. eryone who knew him was touched by 967, the House stands adjourned until 9 Do your census. his compassion, generosity, and joy he a.m. tomorrow for morning-hour de- In addition, we got flexibility for always exuded. SBA loans for our small businesses, Commissioner Holmes’ impact on the bate and 11 a.m. for legislative busi- and, of course, the SBA disaster loans Savannah community will remain for ness. because of flooding in my district right countless years to come. I am very Thereupon (at 8 o’clock and 30 min- now. grateful for the life that he lived. utes p.m.), under its previous order, the This is what we are supposed to do. My thoughts and prayers are with his House adjourned until tomorrow, The flood insurance, we finally saved family, friends, and all who knew him Wednesday, September 23, 2020, at 9 that. We know we need it. hduring the most difficult time. a.m. for morning-hour debate. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 991, the Extension of the Caribbean Basin Economic Recovery Act, as amended, for printing in the CONGRESSIONAL RECORD.
ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 991
By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030
Statutory Pay-As-You-Go Impact ...... 0 15 15 16 17 18 35 43 45 47 ¥386 80 ¥136 Components may not sum to totals because of rounding.
Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 1923, the Circulating Collectible Coin Redesign Act of 2020, as amended, for printing in the CONGRESSIONAL RECORD.
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 8634 E:\CR\FM\K22SE7.104 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4714 CONGRESSIONAL RECORD — HOUSE September 22, 2020 ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1923
By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030
Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Components may not sum to totals because of rounding.
Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 4104, the Negro Leagues Baseball Centennial Commemorative Coin Act, as amended, for printing in the CONGRESSIONAL RECORD. 634
ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4104
By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030
Statutory Pay-As-You-Go Impact ...... 0 0 ¥5 ¥1 0 6 0 0 0 0 0 0 0 Components may not sum to totals because of rounding.
Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 6192, the 1921 Silver Dollar Coin Anniversaray Act, as amended, for printing in the CONGRESSIONAL RECORD.
ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 6192
By fiscal year, in millions of dollars— 2020– 2020– 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2025 2030
Statutory Pay-As-You-Go Impact ...... 0 ¥4 ¥2 0 0 0 0 0 0 0 0 ¥6 ¥6 Components may not sum to totals because of rounding.
Pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO), Mr. YARMUTH hereby submits, prior to the vote on passage, for printing in the CONGRESSIONAL RECORD, that H.R. 6210, the Uyghur Forced Labor Prevention Act, as amended, would have no significant effecth on the deficit, and therefore, the budgetary effects of such bill are estimated as zero.
EXECUTIVE COMMUNICATIONS, 251; (110 Stat. 868); to the Committee on Vet- Guidance on Excess Deferred Taxes Under ETC. erans’ Affairs. the TCJA (Rev. Proc. 2020-39) received Sep- 5351. A letter from the Director, Office of tember 14, 2020, pursuant to 5 U.S.C. Under clause 2 of rule XIV, executive Regulations Policy and Management, Office 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 communications were taken from the of the Secretary (00REG), Department of Stat. 868); to the Committee on Ways and Speaker’s table and referred as follows: Veterans Affairs, transmitting the Depart- Means. ment’s final rule — Provider-Based Require- 5347. A letter from the Acting Director, Of- 5356. A letter from the Director, Legal ments (RIN: 2900-AQ68) received September fice of Personnel Management, transmitting Processing Division, Internal Revenue Serv- 14, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); the Office’s final rule — Employment in the ice, transmitting the Service’s IRB only rule Public Law 104-121, Sec. 251; (110 Stat. 868); to Excepted Service (RIN: 3206-AN30) received — Relief with Respect to Employment Tax the Committee on Veterans’ Affairs. Deadlines Applicable to Employers Affected September 16, 2020, pursuant to 5 U.S.C. 5352. A letter from the Director, Legal 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 by the Ongoing Conronavirus (COVID-19) Processing Division, Internal Revenue Serv- Disease 2019 Pandemic [Notice 2020-65] re- Stat. 868); to the Committee on Oversight ice, transmitting the Service’s IRB only rule and Reform. ceived September 14, 2020, pursuant to 5 — Update to Notice 2020-18, Additional Relief U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 5348. A letter from the Acting Director, Of- for Taxpayers Affected by Ongoing fice of Personnel Management, transmitting 251; (110 Stat. 868); to the Committee on Coronavirus Disease 2019 Pandemic [Notice Ways and Means. the Office’s final rule — Federal Employees’ 2020-23] received September 14, 2020, pursuant Group Life Insurance Program: Clarifying to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, f Annual Rates of Pay and Amending the Em- Sec. 251; (110 Stat. 868); to the Committee on REPORTS OF COMMITTEES ON ployment Status of Judges of the United Ways and Means. States Court of Appeals for Veterans Claims 5353. A letter from the Director, Legal PUBLIC BILLS AND RESOLUTIONS (RIN: 3206-AN52) received September 16, 2020, Processing Division, Internal Revenue Serv- Under clause 2 of rule XIII, reports of pursuant to 5 U.S.C. 801(a)(1)(A); Public Law ice, transmitting the Service’s final rule — 104-121, Sec. 251; (110 Stat. 868); to the Com- committees were delivered to the Clerk Changes to User Fees for Certain Letter Rul- for printing and reference to the proper mittee on Oversight and Reform. ing and Determination Letter Requests Sub- 5349. A letter from the Acting Director, Of- mitted to Employee Plans Rulings and calendar, as follows: fice of Personnel Management, transmitting Agreements, Effective January 4, 2021 [An- Mr. TAKANO: Committee on Veterans’ Af- the Office’s interim rule — Scheduling of An- nouncement 2020-14] received September 14, fairs. H.R. 3798. A bill to amend title 38, nual Leave by Employees Determined Nec- 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public United States Code, to provide for limita- essary To Respond to Certain National Law 104-121, Sec. 251; (110 Stat. 868); to the tions on copayments for contraception fur- Emergencies (RIN: 3206-AO04) received Sep- Committee on Ways and Means. nished by the Department of Veterans Af- tember 16, 2020, pursuant to 5 U.S.C. 5354. A letter from the Director, Legal fairs, and for other purposes; with an amend- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Processing Division, Internal Revenue Serv- ment (Rept. 116–529). Referred to the Com- Stat. 868); to the Committee on Oversight ice, transmitting the Service’s IRB only rule mittee of the Whole House on the state of and Reform. — Election of Alternative Minimum Funding the Union. 5350. A letter from the Director, Office of Standards for Community Newspaper Plans Mr. PALLONE: Committee on Energy and Regulations Policy and Management, Office [Notice 2020-60] received September 14, 2020, Commerce. H.R. 2468. A bill to amend the of the Secretary (00REG), Department of pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Public Health Service Act to increase the Veterans Affairs, transmitting the Depart- 104-121, Sec. 251; (110 Stat. 868); to the Com- preference given, in awarding certain aller- ment’s final rule — Specialty Education mittee on Ways and Means. gies and asthma-related grants, to States Loan Repayment Program (RIN: 2900-AQ63) 5355. A letter from the Director, Legal that require certain public schools to have received September 16, 2020, pursuant to 5 Processing Division, Internal Revenue Serv- allergies and asthma management programs, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. ice, transmitting the Service’s final rule — and for other purposes; with an amendment
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.045 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE September 22, 2020 CONGRESSIONAL RECORD — HOUSE H4715
(Rept. 116–530). Referred to the Committee of Texas, Mr. ROY, Mr. HURD of Texas, COLEMAN, Mr. PAYNE, Mr. VAN DREW, the Whole House on the state of the Union. Mr. MARCHANT, Mr. WILLIAMS, Mr. and Mr. MALINOWSKI): BURGESS, Mr. CLOUD, Mr. CUELLAR, H.R. 8348. A bill to direct restoration and f Ms. GARCIA of Texas, Ms. JOHNSON of protection of the New York-New Jersey wa- PUBLIC BILLS AND RESOLUTIONS Texas, Mr. CARTER of Texas, Mr. tersheds and estuaries hydrologically con- ALLRED, Mr. VEASEY, Mr. VELA, Mr. nected to New York-New Jersey Harbor, and Under clause 2 of rule XII, public DOGGETT, Mr. BABIN, and Mr. OLSON): for other purposes; to the Committee on Nat- bills and resolutions of the following H.R. 8340. A bill to designate the facility of ural Resources. titles were introduced and severally re- the United States Postal Service located at By Mr. VAN DREW: ferred, as follows: 4110 Bluebonnet Drive in Stafford, Texas, as H.R. 8349. A bill to provide hazard pay to frontline essential workers employed during By Mr. GRAVES of Louisiana (for him- the ‘‘Leonard Scarcella Post Office Build- ing’’; to the Committee on Oversight and Re- the COVID-19 pandemic; to the Committee self, Mr. MCCARTHY, Mr. SCALISE, Mr. form. on Education and Labor, and in addition to WALDEN, Mr. BISHOP of Utah, Mr. By Mr. GROTHMAN: the Committees on Ways and Means, Energy GRAVES of Missouri, Mr. LUCAS, Ms. H.R. 8341. A bill to amend the Rehabilita- and Commerce, Veterans’ Affairs, Oversight GRANGER, Mr. COLE, Mr. COMER, Mr. tion Act of 1973 to clarify the definition of and Reform, and House Administration, for a YOUNG, Ms. CHENEY, Mr. LAMBORN, competitive integrated employment; to the period to be subsequently determined by the Mr. JOHNSON of Louisiana, Mr. Committee on Education and Labor. Speaker, in each case for consideration of STAUBER, Mr. CURTIS, Mr. GOSAR, Mr. By Mr. HORSFORD (for himself, Mrs. such provisions as fall within the jurisdic- KEVIN HERN of Oklahoma, Mr. COOK, LEE of Nevada, Mr. MCADAMS, Mr. tion of the committee concerned. Mr. MCCLINTOCK, Mr. WESTERMAN, PANETTA, and Mr. COX of California): By Mr. JEFFRIES: Mr. RODNEY DAVIS of Illinois, Mr. H.R. 8342. A bill to require the approval of H. Res. 1135. A resolution electing certain NEWHOUSE, Mr. CARTER of Georgia, Congress before explosive nuclear testing Members to certain standing committees of Mrs. RADEWAGEN, Mr. FULCHER, and may be resumed; to the Committee on the House of Representatives; considered and Mr. HICE of Georgia): Armed Services, and in addition to the Com- agreed to. considered and agreed to. H.R. 8333. A bill to amend the National En- mittee on Rules, for a period to be subse- By Mr. CA´ RDENAS (for himself, Ms. vironmental Policy Act of 1969 to clarify am- quently determined by the Speaker, in each ADAMS, Mr. ALLRED, Ms. BARRAGA´ N, biguous provisions, align the Act with rel- case for consideration of such provisions as Mrs. BEATTY, Mr. BERA, Mr. BEYER, evant case law, reflect modern technologies, fall within the jurisdiction of the committee Mr. BLUMENAUER, Ms. BLUNT ROCH- optimize interagency coordination, and fa- concerned. ESTER, Ms. BONAMICI, Mr. BRENDAN F. cilitate a more efficient, effective, and time- By Mr. KRISHNAMOORTHI (for him- BOYLE of Pennsylvania, Mr. BROWN of ly environmental review process; to the self, Mr. KING of New York, Mr. Maryland, Ms. BROWNLEY of Cali- Committee on Natural Resources. COHEN, Ms. NORTON, Ms. JOHNSON of fornia, Mrs. BUSTOS, Mr. CARSON of By Ms. KENDRA S. HORN of Oklahoma Texas, Mr. DESAULNIER, and Mr. Indiana, Ms. CASTOR of Florida, Mr. (for herself, Mr. GRIJALVA, Mr. CAR- RASKIN): CASTRO of Texas, Ms. JUDY CHU of SON of Indiana, Mr. THOMPSON of Mis- H.R. 8343. A bill to amend the Federal California, Ms. CLARK of Massachu- sissippi, and Mr. SAN NICOLAS): Food, Drug, and Cosmetic Act to require the setts, Ms. CLARKE of New York, Mr. H.R. 8334. A bill to provide premium pay to Secretary to refer each application for re- CLEAVER, Mr. CORREA, Mr. COSTA, Mr. educators at public schools for each hour of view of certain tobacco products to the To- COX of California, Mr. CROW, Mr. in-person work; to the Committee on Edu- bacco Products Scientific Advisory Com- DANNY K. DAVIS of Illinois, Mrs. cation and Labor. mittee, and for other purposes; to the Com- DAVIS of California, Ms. DEAN, Ms. By Ms. DEAN (for herself and Mr. NAD- mittee on Energy and Commerce. DEGETTE, Ms. DELAURO, Mrs. DIN- LER): By Ms. LOFGREN: GELL, Mr. ENGEL, Ms. ESCOBAR, Ms. H.R. 8344. A bill to require the United H.R. 8335. A bill to amend the Revised ESHOO, Mr. ESPAILLAT, Mr. EVANS, States Postal Service to treat election mail Statutes of the United States and title 28, Mr. FOSTER, Ms. FRANKEL, Mr. as first-class mail and deliver such mail at United States Code, to enhance compliance GALLEGO, Ms. GARCIA of Texas, Mr. no cost to the sender, and for other purposes; with requests for information pursuant to GARCI´A of Illinois, Mr. GOMEZ, Mr. to the Committee on House Administration, legislative power under Article I of the Con- GONZALEZ of Texas, Mr. GREEN of and in addition to the Committee on Over- stitution, and for other purposes; to the Texas, Ms. HAALAND, Mr. HARDER of sight and Reform, for a period to be subse- Committee on the Judiciary. California, Mr. HASTINGS, Mrs. quently determined by the Speaker, in each By Ms. GABBARD (for herself and Mr. HAYES, Mr. HIGGINS of New York, Mr. case for consideration of such provisions as MASSIE): HIMES, Mr. HORSFORD, Ms. HOULAHAN, fall within the jurisdiction of the committee H.R. 8336. A bill to repeal certain war pow- Mr. JEFFRIES, Ms. JOHNSON of Texas, concerned. ers of the President under the Communica- Ms. KAPTUR, Mr. LANGEVIN, Ms. LEE By Ms. PLASKETT (for herself and Mr. tions Act of 1934; to the Committee on En- of California, Mrs. LEE of Nevada, ergy and Commerce. JOYCE of Ohio): H.R. 8345. A bill to provide support for air Mr. LEVIN of California, Mr. LEVIN of By Mrs. LOWEY: carrier workers, and for other purposes; to Michigan, Ms. LOFGREN, Mr. H.R. 8337. A bill making continuing appro- ´ the Committee on Financial Services, and in LOWENTHAL, Mr. LUJAN, Mr. LYNCH, priations for fiscal year 2021, and for other addition to the Committee on Transpor- Mr. MALINOWSKI, Mrs. CAROLYN B. purposes; to the Committee on Appropria- tation and Infrastructure, for a period to be MALONEY of New York, Mr. SEAN tions, and in addition to the Committee on subsequently determined by the Speaker, in PATRICK MALONEY of New York, Ms. the Budget, for a period to be subsequently each case for consideration of such provi- MATSUI, Ms. MCCOLLUM, Mr. MCNER- determined by the Speaker, in each case for sions as fall within the jurisdiction of the NEY, Ms. MENG, Ms. MOORE, Ms. consideration of such provisions as fall with- committee concerned. MUCARSEL-POWELL, Mr. NADLER, Mrs. in the jurisdiction of the committee con- By Mr. RESCHENTHALER (for him- NAPOLITANO, Ms. NORTON, Mr. cerned. considered and passed. self, Mr. TRONE, and Ms. HOULAHAN): O’HALLERAN, Ms. OMAR, Mr. PAL- By Mr. BRENDAN F. BOYLE of Penn- H.R. 8346. A bill to protect federally-funded LONE, Mr. PANETTA, Mr. PERLMUTTER, sylvania: academic research from undue foreign influ- Mr. PETERS, Mr. PRICE of North Caro- H.R. 8338. A bill to change the date for reg- ences and threats by better informing the lina, Mr. RASKIN, Miss RICE of New ularly scheduled general elections for Fed- academic and research communities about York, Ms. ROYBAL-ALLARD, Mr. RUIZ, eral office to the first Saturday and Sunday such influences and threats, and for other Mr. RUSH, Mr. SABLAN, Mr. SAN NICO- after the first Friday in November in every purposes; to the Committee on Education LAS, Ms. SA´ NCHEZ, Mr. SARBANES, Ms. even-numbered year; to the Committee on and Labor, and in addition to the Commit- SCHAKOWSKY, Mr. SERRANO, Ms. SE- House Administration. tees on Armed Services, Intelligence (Perma- WELL of Alabama, Mr. SIRES, Mr. By Ms. FUDGE (for herself and Mr. nent Select), Foreign Affairs, and the Judici- SOTO, Ms. SPEIER, Mr. SUOZZI, Mr. CA´ RDENAS): ary, for a period to be subsequently deter- SWALWELL of California, Mr. TAKANO, H.R. 8339. A bill to expand opportunities mined by the Speaker, in each case for con- Mr. THOMPSON of Mississippi, Ms. for pre-apprenticeships programs; to the sideration of such provisions as fall within TITUS, Ms. TLAIB, Mrs. TORRES of Committee on Education and Labor. the jurisdiction of the committee concerned. California, Ms. TORRES SMALL of New By Mr. GREEN of Texas (for himself, By Mr. ROUDA (for himself, Mr. Mexico, Mrs. TRAHAN, Mr. TRONE, Mr. Mr. GOHMERT, Mr. CRENSHAW, Mr. ALLRED, and Mr. LEVIN of Michigan): VARGAS, Mr. VEASEY, Mr. VELA, Ms. TAYLOR, Mr. GOODEN, Mr. WRIGHT, H.R. 8347. A bill to amend title 18, United VELA´ ZQUEZ, Ms. WASSERMAN Mrs. FLETCHER, Mr. BRADY, Mr. States Code, to prohibit the establishment of SCHULTZ, Mrs. WATSON COLEMAN, Ms. MCCAUL, Mr. CONAWAY, Ms. GRANGER, a corporation to conceal election contribu- WILD, Ms. WILSON of Florida, Mr. Mr. THORNBERRY, Mr. WEBER of tions and donations by foreign nationals; to YARMUTH, Mr. CISNEROS, and Mr. Texas, Mr. GONZALEZ of Texas, Ms. the Committee on the Judiciary. AGUILAR): ESCOBAR, Mr. FLORES, Ms. JACKSON By Mr. TONKO (for himself, Mr. H. Res. 1136. A resolution recognizing His- LEE, Mr. ARRINGTON, Mr. CASTRO of SERRANO, Mr. ENGEL, Mrs. WATSON panic Heritage Month and celebrating the
VerDate Sep 11 2014 10:23 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A22SE7.046 H22SEPT1 ctelli on DSK11ZRN23PROD with HOUSE H4716 CONGRESSIONAL RECORD — HOUSE September 22, 2020 heritage and culture of Latinos in the United By Mrs. LOWEY: By Mr. VAN DREW: States and the immense contributions of H.R. 8337. H.R. 8349. Latinos to the United States; to the Com- Congress has the power to enact this legis- Congress has the power to enact this legis- mittee on Oversight and Reform. lation pursuant to the following: lation pursuant to the following: By Ms. JUDY CHU of California (for The principal constitutional authority for Article I, Section 8 of the U.S. Constitu- herself, Mr. KILDEE, and Ms. MENG): this legislation is clause 7 of section 9 of ar- tion H. Res. 1137. A resolution supporting the ticle I of the Constitution of the United designation of the week of September 21 States (the appropriation power), which f through September 25, 2020, as ‘‘Community states: ADDITIONAL SPONSORS School Coordinators Appreciation Week‘‘; to ‘‘No Money shall be drawn from the Treas- the Committee on Education and Labor. ury, but in Consequence of Appropriations Under clause 7 of rule XII, sponsors By Mr. JORDAN (for himself, Mr. SEN- made by Law . . . .’’ were added to public bills and resolu- SENBRENNER, Mr. CHABOT, Mr. GOH- In addition, clause 1 of section 8 of article tions, as follows: I of the Constitution (the spending power) MERT, Mr. COLLINS of Georgia, Mr. H.R. 41: Mr. PAYNE and Mr. SOTO. provides: BUCK, Mrs. ROBY, Mr. GAETZ, Mr. H.R. 99: Mr. MEUSER. ‘‘The Congress shall have the Power . . . to JOHNSON of Louisiana, Mr. BIGGS, Mr. H.R. 333: Mr. GOLDEN. pay the Debts and provide for the common MCCLINTOCK, Mrs. LESKO, Mr. H.R. 906: Mr. TIFFANY. Defence and general Welfare of the United RESCHENTHALER, Mr. CLINE, Mr. ARM- H.R. 913: Mrs. NAPOLITANO, Mr. GREEN of States . . .’’ STRONG, Mr. STEUBE, and Mr. TIF- Texas, Ms. SCANLON, and Ms. DEAN. Together, these specific constitutional pro- FANY): H.R. 921: Mr. SHERMAN. H. Res. 1138. A resolution expressing the visions establish the congressional power of H.R. 1224: Mr. COLE and Mr. GOMEZ. sense of the House of Representatives that the purse, granting Congress the authority H.R. 1241: Mr. NEWHOUSE. the number of Justices of the Supreme Court to appropriate funds, to determine their pur- H.R. 1325: Mr. SPANO and Mr. KING of New of the United States should remain at nine; pose, amount, and period of availability, and York. to the Committee on the Judiciary. to set forth terms and conditions governing H.R. 1556: Mr. WEBSTER of Florida. By Mr. KIND (for himself and Mr. HURD their use. H.R. 1643: Ms. TITUS. of Texas): By Mr. BRENDAN F. BOYLE of Penn- H.R. 1754: Mrs. KIRKPATRICK. H. Res. 1139. A resolution honoring the 50th sylvania: H.R. 1777: Ms. WILD. Anniversary of the National Park Service H.R. 8338. H.R. 1783: Ms. HAALAND. Volunteers-In-Parks program that was es- Congress has the power to enact this legis- H.R. 1814: Mr. STIVERS. tablished on July 29, 1970; to the Committee lation pursuant to the following: H.R. 1873: Mr. NORCROSS. on Natural Resources. Article II, Section 1, Clause 4 of the U.S. H.R. 2264: Ms. GABBARD. By Mr. NEWHOUSE (for himself and Constitution H.R. 2360: Mr. SOTO. Mr. LEVIN of California): By Ms. FUDGE: H.R. 2415: Mr. CRIST and Mr. SAN NICOLAS. H. Res. 1140. A resolution recognizing and H.R. 8339. H.R. 2428: Mr. LUCAS. celebrating the 70th anniversary of Impact Congress has the power to enact this legis- H.R. 2435: Ms. KENDRA S. HORN of Okla- Aid on September 30, 2020; to the Committee lation pursuant to the following: homa, Miss GONZA´ LEZ-COLO´ N of Puerto Rico, on Education and Labor. To regulate commerce with foreign na- and Ms. JAYAPAL. By Ms. SHALALA (for herself, Mr. tions, and among the several states, and with H.R. 2442: Mr. JEFFRIES, Ms. SPANBERGER, GARCI´A of Illinois, Mr. GRIJALVA, Ms. the Indian tribes; Mr. WELCH, Mr. PRICE of North Carolina, Mr. GARCIA of Texas, Mr. SOTO, Mr. By Mr. GREEN of Texas: COURTNEY, Mr. NORCROSS, and Mr. KATKO. SERRANO, Ms. ROYBAL-ALLARD, Mr. H.R. 8340. H.R. 2482: Mr. RODNEY DAVIS of Illinois. PANETTA, Mr. SIRES, Mrs. LEE of Ne- Congress has the power to enact this legis- H.R. 2504: Mr. ALLRED. vada, Mrs. NAPOLITANO, Ms. lation pursuant to the following: H.R. 2610: Mr. DEUTCH, Ms. KELLY of Illi- MUCARSEL-POWELL, Mr. VELA, Ms. By Mr. GROTHMAN: nois, and Mr. LUJA´ N. JACKSON LEE, Ms. JOHNSON of Texas, H.R. 8341. H.R. 2653: Mr. COOPER and Ms. KENDRA S. Ms. BARRAGA´ N, Mr. CA´ RDENAS, and Congress has the power to enact this legis- HORN of Oklahoma. Mr. SAN NICOLAS): lation pursuant to the following: H. Res. 1141. A resolution expressing sup- Article I, Section 8 of the Constitution of H.R. 2731: Ms. ESCOBAR. port for the designation of September 22, the United States of America. H.R. 2772: Ms. JUDY CHU of California. 2020, as ‘‘National Hispanic Nurses Day’’; to By Mr. HORSFORD: H.R. 2775: Mr. LEVIN of California. the Committee on Energy and Commerce. H.R. 8342. H.R. 3062: Mr. BRADY. Congress has the power to enact this legis- H.R. 3104: Mr. STIVERS, Mr. PAPPAS, Mr. f lation pursuant to the following: ALLRED, Mr. FITZPATRICK, Mr. KELLY of Mis- CONSTITUTIONAL AUTHORITY Article I, Section 8, Clause 1 of the Con- sissippi, Mr. COLE, Mr. SCHIFF, Mr. RODNEY STATEMENT stitution of the United States. DAVIS of Illinois, and Mrs. BEATTY. By Mr. KRISHNAMOORTHI: H.R. 3208: Ms. STEVENS, Mr. ROSE of New Pursuant to clause 7 of rule XII of H.R. 8343. York, and Mr. NORCROSS. the Rules of the House of Representa- Congress has the power to enact this legis- H.R. 3215: Mr. NORCROSS, Ms. BLUNT ROCH- tives, the following statements, are lation pursuant to the following: ESTER, Mr. THOMPSON of California, Mr. submitted regarding the specific pow- Article I Section 8 of the U.S. Constitution LAMB, Mr. WELCH, and Mr. ROSE of New ers granted to Congress in the Con- By Ms. LOFGREN: York. stitution to enact the accompanying H.R. 8344. H.R. 3316: Mr. EVANS. H.R. 3332: Mr. LEVIN of Michigan. bill or joint resolution. Congress has the power to enact this legis- lation pursuant to the following: H.R. 3499: Mr. PRICE of North Carolina. By Mr. GRAVES of Louisiana: Article I, Section 4, Clause 1 of the Con- H.R. 3798: Ms. FRANKEL. H.R. 8333. stitution. H.R. 3884: Ms. DELAURO. Congress has the power to enact this legis- By Ms. PLASKETT: H.R. 3975: Mrs. MILLER and Mr. LUCAS. lation pursuant to the following: H.R. 8345. H.R. 4100: Ms. BLUNT ROCHESTER. Article 1, Section 8, clause 3 of the United Congress has the power to enact this legis- H.R. 4211: Mr. POCAN. States Constitution. lation pursuant to the following: H.R. 4399: Mr. JACOBS. By Ms. KENDRA S. HORN of Okla- Article I, Section 8 of the United States H.R. 4542: Ms. FRANKEL and Mr. SPANO. homa: Constitution. H.R. 4748: Mr. LAMB. H.R. 8334. H.R. 4864: Ms. DEAN and Mr. CROW. Congress has the power to enact this legis- By Mr. RESCHENTHALER: H.R. 4932: Mr. BERA, Mr. TIFFANY, and Mr. lation pursuant to the following: H.R. 8346. COHEN. Article I, Section 8, Clause 1 Congress has the power to enact this legis- Article I, Section 8, Clause 18 lation pursuant to the following: H.R. 5141: Mr. KHANNA, Mr. GARAMENDI, Ms. By Ms. DEAN: Article 1 Section 8 LEE of California, Mr. NEGUSE, Ms. SHERRILL, H.R. 8335. By Mr. ROUDA: Mr. MORELLE, Mr. COURTNEY, Mr. JEFFRIES, Congress has the power to enact this legis- H.R. 8347. Mr. NORCROSS, Mr. PASCRELL, and Mr. lation pursuant to the following: Congress has the power to enact this legis- CORREA. Article I, Section 8 lation pursuant to the following: H.R. 5200: Mr. THOMPSON of Mississippi and By Ms. GABBARD: Article 1, Section 4, Clause 1 Mr. HARDER of California. H.R. 8336. By Mr. TONKO: H.R. 5325: Ms. PORTER. Congress has the power to enact this legis- H.R. 8348. H.R. 5447: Mr. COHEN. lation pursuant to the following: Congress has the power to enact this legis- H.R. 5605: Mr. SEAN PATRICK MALONEY of The U.S. Constitution including Article 1, lation pursuant to the following: New York, Mr. HUFFMAN, and Mr. BANKS. Section 8. Article 1, Section 8, Clause 3 H.R. 5656: Mr. BUDD.
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H.R. 5845: Mr. KEATING. H.R. 7855: Mr. TIFFANY. H.R. 8332: Mr. KELLER, Mr. KELLY of Penn- H.R. 6197: Mr. BRINDISI. H.R. 7873: Mr. SAN NICOLAS. sylvania, Mr. PERRY, Mr. SMUCKER, Mr. H.R. 6210: Mr. PHILLIPS, Mr. PRICE of North H.R. 7883: Mr. GIBBS, Mr. LARSEN of Wash- MEUSER, and Mr. JOYCE of Pennsylvania. Carolina, and Mr. DOGGETT. ington, Mr. THOMPSON of California, Mr. KIL- H.J. Res. 4: Mr. BURCHETT. H.R. 6422: Mrs. DINGELL. MER, Mr. COLLINS of Georgia, and Mr. BRIN- H.J. Res. 52: Mr. YOHO. H.R. 6492: Mr. COOPER, Mr. DESAULNIER, DISI. H.J. Res. 94: Ms. SCHAKOWSKY, Mr. Mr. JOHNSON of Georgia, and Mr. SIRES. H.R. 7887: Ms. DAVIDS of Kansas and Mr. GARAMENDI, Mr. COOPER, Mr. GRIJALVA, Mr. H.R. 6507: Ms. CLARKE of New York. KHANNA. GARCI´A of Illinois, Mr. LOWENTHAL, and Ms. H.R. 6637: Mr. LEVIN of Michigan and Mr. H.R. 7927: Mr. TAYLOR. BONAMICI. LYNCH. H.R. 7947: Mr. DEUTCH, Ms. BLUNT ROCH- H. Res. 17: Mr. CONAWAY, Mr. MCCAUL, and H.R. 6666: Mr. CICILLINE. ESTER, Mr. EMMER, and Mr. STIVERS. Mr. TAYLOR. H.R. 6676: Mrs. HAYES and Ms. SCANLON. H.R. 7965: Mr. GARCI´A of Illinois and Ms. H. Res. 277: Mr. KEATING. H.R. 6718: Mr. DESAULNIER. KELLY of Illinois. H.R. 6789: Ms. BASS and Ms. JUDY CHU of H.R. 8048: Mr. AGUILAR. H. Res. 697: Mr. SUOZZI. California. H.R. 8077: Mr. BRINDISI. H. Res. 1057: Ms. LEE of California. H.R. 6794: Mr. LOWENTHAL. H.R. 8079: Mr. PASCRELL. H. Res. 1078: Mr. PANETTA and Ms. NORTON. H.R. 7000: Mr. FOSTER. H.R. 8117: Mr. ALLEN. H. Res. 1099: Mr. HORSFORD, Ms. MENG, Ms. H.R. 7008: Mr. GOTTHEIMER. H.R. 8121: Ms. CASTOR of Florida and Mr. BLUNT ROCHESTER, Mr. NEGUSE, Mr. RUSH, H.R. 7071: Mr. COSTA, Mr. CA´ RDENAS, Mr. UPTON. Mr. CRIST, and Mr. DESAULNIER. HARDER of California, Mr. RUSH, Mr. KIM, H.R. 8125: Mr. COSTA and Mr. MCGOVERN. H. Res. 1106: Ms. BROWNLEY of California, Mr. FLORES, Ms. WASSERMAN SCHULTZ, Mr. H.R. 8141: Ms. BLUNT ROCHESTER. Ms. NORTON, Mr. HASTINGS, Mr. PAYNE, Mr. DEUTCH, and Mr. THOMPSON of Pennsylvania. H.R. 8144: Ms. JOHNSON of Texas. HUFFMAN, Mr. KIND, Mr. LARSEN of Wash- H.R. 7096: Mr. MOULTON. H.R. 8160: Ms. GARCIA of Texas, Mr. SAN ington, and Mr. BLUMENAUER. H.R. 7123: Mr. PETERSON. NICOLAS, Mr. LYNCH, Mrs. CAROLYN B. MALO- H.R. 7168: Mr. BROOKS of Alabama. H. Res. 1110: Mr. PALLONE, Mr. SIRES, Mr. NEY of New York, and Mr. SHERMAN. H.R. 7178: Mr. MOULTON. COX of California, Mr. GONZALEZ of Ohio, Mr. H.R. 8171: Ms. JOHNSON of Texas, Mr. CART- H.R. 7197: Mr. LIPINSKI, Mr. GONZALEZ of BAIRD, Mr. HORSFORD, Mr. LARSON of Con- WRIGHT, Mr. SMITH of Washington, Ms. SCHA- Texas, and Mr. PAYNE. necticut, Ms. STEFANIK, Mr. HURD of Texas, KOWSKY, Mr. GARAMENDI, Mr. COOPER, Mr. H.R. 7312: Mr. THOMPSON of Mississippi. Ms. Craig, Mr. DIAZ-BALART, Mr. KIND, Ms. GRIJALVA, Mr. GARCI´A of Illinois, Ms. H.R. 7388: Mr. KELLY of Mississippi and Mr. SLOTKIN, Mr. VISCLOSKY, Mr. HASTINGS, Mr. BONAMICI, and Mr. LOWENTHAL. CLINE. SEAN PATRICK MALONEY of New York, Ms. H.R. 8178: Mr. RASKIN. H.R. 7414: Mrs. WATSON COLEMAN. JUDY CHU of California, Mr. DAVID P. ROE of H.R. 8193: Mr. FOSTER. H.R. 7423: Mr. COOK. Tennessee, Mr. SCHWEIKERT, Mr. WATKINS, H.R. 8200: Mrs. LAWRENCE, Mr. RASKIN, and H.R. 7478: Mr. COX of California and Mr. Mr. LAMALFA, Mr. ARMSTRONG, Mr. LAN- Ms. BLUNT ROCHESTER. GALLEGO. GEVIN, Mr. BUDD, Mr. CARTER of Georgia, Mr. H.R. 8204: Mr. HASTINGS. H.R. 7499: Mrs. DEMINGS. ALLRED, and Mr. SCHNEIDER. H.R. 8230: Mr. SAN NICOLAS. H.R. 7515: Mr. SMITH of Washington. H. Res. 1116: Ms. GRANGER, Mr. BALDERSON, H.R. 8236: Mr. GOTTHEIMER, Mr. SPANO, Mr. H.R. 7562: Ms. DEAN. and Mr. HILL of Arkansas. H.R. 7640: Mrs. CAROLYN B. MALONEY of CHABOT, Mr. PALMER, and Mr. DIAZ-BALART. H. Res. 1123: Ms. TLAIB and Mr. THOMPSON New York. H.R. 8242: Ms. SHALALA and Mr. COSTA. ´ of California. H.R. 7642: Mr. RUSH, Ms. CLARKE of New H.R. 8249: Mr. CARDENAS, Mr. POCAN, Mr. H. Res. 1130: Mr. KATKO. York, Mr. LYNCH, Mr. BANKS, Mr. GOLDEN, CARSON of Indiana, and Mr. SAN NICOLAS. H. Res. 1131: Mr. REED and Mr. ROSE of New Ms. SEWELL of Alabama, Mr. BEYER, Mrs. H.R. 8254: Mr. FITZPATRICK and Mr. VELA. York. BEATTY, Mr. O’HALLERAN, Mr. WALKER, Mr. H.R. 8270: Ms. JUDY CHU of California, Mr. ´ ´ ELGADO OSTA MCNERNEY, Mrs. KIRKPATRICK, Mr. HOLDING, MCCAUL, Ms. MATSUI, Miss GONZALEZ-COLON H. Res. 1134: Mr. D and Mr. C . Mr. HORSFORD, and Mr. THOMPSON of Mis- of Puerto Rico, Ms. OMAR, Ms. FUDGE, Mrs. sissippi. RADEWAGEN, Ms. JOHNSON of Texas, and Mrs. f H.R. 7663: Ms. TORRES SMALL of New Mex- AXNE. H.R. 8280: Mr. HUIZENGA, Mr. GONZALEZ of ico and Mr. ROSE of New York. CONGRESSIONAL EARMARKS, LIM- H.R. 7666: Mr. GOTTHEIMER. Ohio, Mr. GARCIA of California, and Mr. H.R. 7679: Mr. BACON, Mr. MEUSER, and Mr. KELLY of Mississippi. ITED TAX BENEFITS, OR LIM- PENCE. H.R. 8282: Mrs. LESKO. ITED TARIFF BENEFITS H.R. 8294: Mr. RYAN, Mr. CASTRO of Texas, H.R. 7682: Mr. BLUMENAUER. Under clause 9 of rule XXI, lists or H.R. 7705: Ms. BLUNT ROCHESTER and Mr. Mr. DAVID SCOTT of Georgia, Mr. VARGAS, EVANS. Ms. ADAMS, Mr. SUOZZI, Ms. STEVENS, and statements on congressional earmarks, H.R. 7795: Mr. GOTTHEIMER. Ms. KUSTER of New Hampshire. limited tax benefits, or limited tariff H.R. 7806: Ms. STEVENS, Mr. CRIST, Ms. SE- H.R. 8301: Mr. GOSAR and Mr. DAVID P. ROE benefits were submitted as follows: WELL of Alabama, Mrs. CAROLYN B. MALONEY of Tennessee. OFFERED BY MRS. LOWEY of New York, and Mr. YOUNG. H.R. 8313: Mr. GARCI´A of Illinois. H.R. 7809: Mr. RIGGLEMAN, Mrs. TORRES of H.R. 8325: Ms. KAPTUR, Mr. FITZPATRICK, H.R. 8337, making continuing appropria- California, Mr. CURTIS, Mrs. WALORSKI, and Mr. COX of California, Mr. BLUMENAUER, Mr. tions for fiscal year 2021, and for other pur- Ms. SLOTKIN. LARSON of Connecticut, Ms. KENDRA S. HORN poses, does not contain any congressional H.R. 7843: Mr. FITZPATRICK and Mrs. ROD- of Oklahoma, Ms. MCCOLLUM, and Mr. KEN- earmark, limited tax benefits, or limited tar- GERS of Washington. NEDY. iff benefits as defined in clause 9 of rule XXI.
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Vol. 166 WASHINGTON, TUESDAY, SEPTEMBER 22, 2020 No. 164 Senate The Senate met at 10 a.m. and was reform and COVID relief. Do they to work alongside the same-party called to order by the President pro somehow believe the filibuster is wrong President, every such nominee has tempore (Mr. GRASSLEY). in principle, or do they admit that they been confirmed, save one bizarre excep- f think there should be two sets of rules tion of a nominee who had corrupt fi- depending on which political party has nancial dealings. Let me say that PRAYER the majority in the Senate? again. Except for Justice Abe Fortas The Chaplain, Dr. Barry C. Black, of- If you think at a minimum that the and his ethical scandals, every single fered the following prayer: filibuster should be used sparingly and nomination in American history made Let us pray. judiciously, how do you justify voting under our present circumstances has Eternal God, we continue to trust the to block even moving, even discussing, ended in a confirmation—seven out of power of Your prevailing providence. In let’s say, for instance, Senator SCOTT’s eight. times of trouble, You keep us safe from police reform bill when you have been That is the thing about facts and his- harm. You strengthen us when all promised amendments by the majority tory. Angry rhetoric does not change seems lost, enabling us to reach Your leader and when you can always fili- them. Partisan finger-pointing does desired destination without stumbling buster final passage if you still aren’t not alter them. Facts simply exist. or slipping. satisfied after the bill has been dis- They are there for everyone to see. His- Lord, Your plans are fulfilled in spite cussed for a long period of time and a tory and precedent were on this Senate of our enemies. Surround our Senators lot of amendments have been adopted? majority’s side in 2016, and they are with the shield of Your divine favor. It is clear their position on filibuster is overwhelmingly on our side now. Lord, inspire them to rejoice in Your pure partisanship at its worst. If we go on to confirm this nomina- might because of Your victorious guid- If there is any way you are going to tion after a careful process, then both ance. Keep them from the paths of dis- promote the bipartisanship that the in 2016 and in 2020, this Senate will grace. people are demanding, it is only in this simply have provided the typical, nor- Look with favor, O Lord, upon us all, institution of the Senate, where it re- mal outcome in each scenario. Think and may our service ever be acceptable quires 60 votes to get to finality on a about that fact and then weigh it to You. bill and where you have pressure to do against the outcry and hysteria that We pray in Your great Name. Amen. things in a bipartisan way or nothing has already erupted on the far left. f gets done. Yesterday, the Democratic leader an- I yield the floor. nounced on the floor that if the Senate PLEDGE OF ALLEGIANCE f holds a vote on the forthcoming nomi- The President pro tempore led the nation it would ‘‘spell the end of this Pledge of Allegiance, as follows: RECOGNITION OF THE MAJORITY supposedly great deliberative body.’’ LEADER I pledge allegiance to the Flag of the Spell the end of this supposedly great United States of America, and to the Repub- The PRESIDING OFFICER. The ma- deliberative body? That is what he lic for which it stands, one nation under God, jority leader is recognized. said. It would be the death of the Sen- indivisible, with liberty and justice for all. f ate if a duly elected majority of the The PRESIDING OFFICER (Mrs. U.S. Senate exercises its advice and HYDE-SMITH). The Senator from Iowa. SUPREME COURT NOMINATIONS consent power as it sees fit. That is Mr. GRASSLEY. Madam President, I Mr. MCCONNELL. Madam President, what Senates do. It is our job descrip- ask unanimous consent to speak for 1 I explained yesterday how moving tion. Presidents makes nominations as minute in morning business, please. ahead on a vote on the forthcoming Su- they see fit, and Senate majorities ei- The PRESIDING OFFICER. Without preme Court nomination will be con- ther provide or withhold advice and objection, it is so ordered. sistent with both history and prece- consent as we see fit. But now our f dent. Democratic colleagues tell us that the When an election-year nomination to Senate doing normal senatorial things FILIBUSTER fill an election-year vacancy occurs in would ‘‘spell the end’’ of this institu- Mr. GRASSLEY. Madam President, a divided government, with a Senate tion—whatever that may mean. those on the other side of the aisle who and a President of different parties, the The Democratic leader is not alone in openly say they will end the filibuster historical norm is that such nomina- these pronouncements. Chairman if they get the majority should have to tions are not confirmed. But the times JERRY NADLER of the House Judiciary explain why they continue to vote to this has happened after the American Committee has already announced that filibuster important issues like police people have elected a Senate majority if the Senate majority dares to act like
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S5733
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VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.000 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5734 CONGRESSIONAL RECORD — SENATE September 22, 2020 a Senate majority, future Democrats Supreme Court in a written brief. They The PRESIDING OFFICER. The should ‘‘immediately move to expand said: ‘‘The Court is not well [and] per- clerk will call the roll. the Supreme Court.’’ haps the Court can heal itself before The senior assistant legislative clerk From another colleague: the public demands it be ‘restruc- proceeded to call the roll. If [they hold] a vote in 2020, we pack the tured.’ ’’ Mr. SCHUMER. Madam President, I court in 2021. It’s that simple. It was more than a year ago that ask unanimous consent that the order Speaker PELOSI intimated on tele- Democrats, competing for their party’s for the quorum call be rescinded. vision last weekend that she may con- Presidential nomination, made court- The PRESIDING OFFICER. Without sider launching a new frivolous im- packing a central element in their objection, it is so ordered. peachment simply to tie up the Sen- platforms. f It was more than 6 months ago that ate’s time. She said: ‘‘We have our op- RECOGNITION OF THE MINORITY the Democratic leader appeared across tions.’’ LEADER The junior Senator from Massachu- the street outside the Court and setts said Democrats ‘‘must abolish the threatened specific Justices if they did The PRESIDING OFFICER. The filibuster and expand the Supreme not rule his way. Democratic leader is recognized. Court.’’ For goodness’ sake, the junior Sen- f The junior Senator for Hawaii said: ator from Maryland came right out and SUPREME COURT NOMINATIONS ‘‘All of those matters will be on the admitted this yesterday. Someone agenda.’’ asked him whether he would support Mr. SCHUMER. Madam President, The senior Senator from Connecticut these acts of institutional vandalism if tomorrow the recently departed Su- said: ‘‘Nothing is off the table.’’ a nominee is confirmed this year, and preme Court Justice Ruth Bader Gins- Just yesterday, former Vice Presi- he helpfully pointed out: ‘‘I’ve always burg will lie in repose at the Supreme dent Biden himself refused to rule out said I’m open, even before this seat Court, and on Friday Ruth Bader Gins- that he might seek to pack the Su- opened . . . [those] possibilities were burg will lie in state here in the Cap- preme Court. on the table before we got to this itol, the first time in our Nation’s long Bear in mind, none of them assert point,’’ thereby proving my point. history that a woman has ever received this majority would be breaking any These threats are not new. They have the honor. Senate rule by holding this vote; it is nothing to do with this vacancy. I can think of no more fitting tribute just that our Democratic friends worry Our friend the junior Senator from for a woman who made a life’s work of they might not like the outcome. Delaware said on television this Sun- going where women had never gone be- For some reason, they cannot bear to day that he wants to persuade Repub- fore. Even with the benefit of a few see Republicans governing within the licans to forgo filling this vacancy, but days, the loss of Justice Ginsburg is rules as Republicans—doing exactly all the way back in June—long before 5 devastating. You need only walk by the what Americans elected us to do. So days ago—he himself notably refused Supreme Court today, where flowers, they threaten to wreck the makeup of to rule out breaking the Senate’s rules candles, chalk-written notes, and spon- the Senate if they lose a vote and to to kill the filibuster. taneous demonstrations have clogged wreck the structure of the Court if There is no degree to which reward- the sidewalks for 4 days straight, to somebody is confirmed whom they op- ing these threats would buy the Nation know her impact on this country. pose. any relief from this. There is nothing We will honor her this week, and, by It has been interesting to watch our you can give them to stop all the all rights, we should honor her dying colleagues try to recast their dis- threats. There is no ‘‘deal’’ that would wish, imparted to her granddaughter, turbing threats as somehow tied to this stop these dangerous tactics. Giving in that she ‘‘not be replaced until the Supreme Court vacancy. No one should to political blackmail would not do a next President is installed.’’ All the fall for this trick. Democrats have al- thing to secure our institutions. You words and encomia for Justice Gins- ready been threatening these actions do not put a stop to irresponsible hos- burg from the other side ring hollow if for months. This isn’t anything new. tage-taking by making hostage-taking they will not honor her last dying wish. Our colleagues now say that ‘‘noth- a winning strategy. Yesterday, the Republican side—so ing’’ would be ‘‘off the table’’ if a new I will tell you what really could often, President Trump—seemed to Justice were to be confirmed. They threaten our system of government. It make it worse. President Trump want badly for people to believe these is not Senate Republicans doing legiti- mocked Justice Ginsburg’s dying wish are new threats that Democrats would mate things squarely within the Sen- by insinuating that her granddaughter take off the table—would take off the ate rules and within the Constitution was a liar, once again confirming every table—if Republicans would just help that Democrats happen to dislike—no, terrible thing we know about our them sink President Trump’s nominee. no. What could really threaten our sys- President. Let me say that again. They want tem is if one of our two major parties He said that Justice Ginsburg’s badly for people to believe these are continues to pretend the whole system statement was something that ‘‘sounds new threats that Democrats would is automatically illegitimate whenever like a Schumer deal or maybe Pelosi or take off the table if Republicans would they lose; if they continue to act like, shifty Schiff.’’ That is the President of just help them sink President Trump’s for their side of the aisle, a legitimate the United States baselessly suggesting nominee. defeat is an oxymoron. That is the dan- that Democrats fabricated the dying Let me read another quotation. This ger to our democracy. wish of the late Justice Ginsburg. It is the junior Senator from California Every one of these attacks on our in- was a coarse, shameful, lying insult to speaking, our distinguished colleague stitutions only underscores how impor- the late Justice Ginsburg and to her who is now running for Vice President: tant they are. Every threat to turn our family. We are on the verge of a crisis of con- courts into a political tug-of-war only If the President had a shred of human fidence in the Supreme Court. We have to reinforces why the Senate is charged decency—even a little—he would apolo- take this challenge head on, and everything with protecting our independent judici- gize, but we all know he will not. Ev- is on the table to do that. ary and why this majority’s work with eryone here in the Senate ought to be Sound familiar? Of course it does. President Trump on this task is so cru- disgusted by the President’s comments. Our colleague made that remark in cial. How low can this President go? He March of 2019—in March of 2019. The President plans to use the power knows no depth. You can never know These threats are not new. They have the voters gave him to make a nomina- that. nothing to do with this new vacancy. tion. Senators will use the power the You would think that, after the Re- Democrats have already been playing voters gave us to either provide or publican majority led a historic block- this game for more than a year and a withhold consent as we see fit. The ade just 4 years ago to keep open a va- half. only ones responsible for those threats cancy on the Supreme Court because it It was more than a year ago that sev- will be the people making them. was an election year, they would have eral Senate Democrats threatened the I suggest the absence of a quorum. the honor and decency to apply their
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.002 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5735 own rule when the same scenario came word to the Senate and the American apply to them, even their own rules. around again. You would expect the people. He has exposed once and for all That, when push comes to shove, it is Senate majority to follow their own that a supposed principle of giving the brute political force, all the way down. rule. What is fair is fair. people a voice in selecting the next If my friends on the Republican side This is what Leader MCCONNELL said Justice was a farce. Sadly, again— want that kind of Senate, they can fol- in 2016: sadly—Leader MCCONNELL has defiled low Leader MCCONNELL down the very The American people should have a voice the Senate like no one in this genera- dangerous path he has laid down. in the selection of their next Supreme Court tion, and Leader MCCONNELL may very f Justice. Therefore, this vacancy should not well destroy it. CORONAVIRUS be filled until we have a new President. If Leader MCCONNELL presses for- This is the McConnell rule—the ward, the Republican majority will Mr. SCHUMER. Madam President, McConnell rule. This is the principle have stolen two Supreme Court seats, 4 one final matter. According to the offi- that Leader MCCONNELL and then- years apart, using completely con- cial tally at Johns Hopkins University, Chairman GRASSLEY used to justify tradictory rationales. How can we ex- the United States today will reach a their refusal to even meet with Presi- pect to trust the other side again? staggering milestone of 200,000 Ameri- dent Obama’s Supreme Court nominee. For those of you on the other side cans lost to COVID–19—200,000 Ameri- Here it is—the McConnell rule: When who are still thinking about this and cans—more than any other country on it is a Presidential season, you can’t maybe some who might change their Earth. Far more than we should have. vote on a Supreme Court nominee be- minds, just think of what this does to Far more than we would have had cause ‘‘the American people should this body and people’s word on one of there been a proper, coordinated, and have a voice.’’ Now, Leader MCCONNELL our most solemn and sacred obliga- energetic response to the virus by the repeated that refrain for almost a year tions: to choose a Supreme Court Jus- Trump administration. In the face of this tragic milestone, and so did almost every other Repub- tice fairly and honestly. lican in the Chamber: It is obvious why the Republican what does President Trump do? Does he mourn the astounding loss of lives? The American people shouldn’t be denied a leader, when he comes to the floor, No, he goes off on the campaign trail, voice. sounds so angry and defensive in his re- where yesterday he told his supporters Give the people a voice. marks. I will note for the record that that the virus ‘‘affects virtually no- The Senate should not confirm a new Su- the Republican leader did not once preme Court Justice until we have a new body.’’ President. mention his principle in 2016—that the Affects virtually nobody? Tell that to I don’t think we should be moving on a American people should have a voice in the families and friends of the 200,000 nominee in the last year of a President’s selecting the next Supreme Court Jus- who are in mourning. term. I would say that if it was a Republican tice—in any of his speeches because he Seriously, the day before the United President. can’t mention it. If an opening came in the last year of States hits 200,000 deaths from COVID– Just to give you a sense of how far 19, the President said the virus ‘‘affects President Trump’s term and the primary down the rabbit hole my friend from process had started— virtually nobody.’’ Kentucky has gone, yesterday—listen He also said: ‘‘If you take the blue The primary process had started— to this—this is what he said. Leader states out, we’re really at a very low we’ll wait to the next election. MCCONNELL said that President Obama level.’’ I don’t even have to tell you who asked the Senate ‘‘for an unusual He also said: ‘‘It is what it is.’’ those quotes came from. It was nearly favor’’ by fulfilling his constitutional This is our President? My goodness. every single Republican in this Cham- duty to nominate a Supreme Court Do you want to know why we have ber. That is how they justified the un- Justice with almost a year left in the the worst pandemic response of any de- precedented blockade of President term—‘‘an unusual favor.’’ veloped nation on Earth? You want to Obama’s Supreme Court nominee: no Only the Republican leader could know why now nearly one out of every vote during a Presidential election look at our system of government so five deaths from COVID–19 come from year because we have to let the people cynically. Apparently, the Senate’s America? It is because President decide. constitutional duty to advise and con- Trump lied to the American people They promised to stay consistent if a sent is an unusual favor when a Demo- from day one about the gravity of this Republican President won in Novem- cratic President is in office but a cat- disease, and he is still doing it now, in ber. It turns out, a Republican Presi- egorical imperative when a Republican a desperate and vile effort to boost his dent did win that fall, and a Supreme is in office. political fortunes. Court vacancy did arise in the final That is actually his argument. I lis- And here in the Senate, Republicans year of his term, not just during the tened to the Republican leader yester- will do anything—anything to back primary process but long after it was day. I listened to him this morning. him, no matter what he says or does, as over, with little more than a month—a Gone are all the invocations of giving long as he nominates their judges. month—before the election. the American people a voice. It is noth- I yield the floor. Now, whoops, didn’t mean it. It is dif- ing so supposedly high-minded this f ferent now. We are supposed to believe time. No, this time the Republican RESERVATION OF LEADER TIME this specious, flimsy, and dishonest ar- leader isn’t even hiding that his deci- gument that it is about the orientation sion is nothing—nothing—but raw, par- The PRESIDING OFFICER. Under of the Senate and the Presidency or tisan politics. the previous order, the leadership time how angry Republicans are at Demo- According to the Republican leader, is reserved. crats and all the big, scary things we when the President and the Senate ma- f might do in the future. Maybe that will jority are the same party, you can CONCLUSION OF MORNING justify it—anything not to admit the break all the rules to get your Justice. BUSINESS plain fact that they all made one argu- Change the rules of the Senate to pass The PRESIDING OFFICER. Morning ment for a year, an argument they in- Supreme Court Justices on a majority business is closed. sisted was a ‘‘principle’’ when it was vote. Rush it through before an elec- good for them politically, and now they tion. It doesn’t matter if you said the f are doing the opposite thing. exact opposite thing 4 years ago, 2 EXECUTIVE SESSION The McConnell rule: ‘‘The American years ago, or even, for some Senators, people should have a voice in the selec- a few months ago. tion of their next Supreme Court Jus- This is how our vaunted traditions of EXECUTIVE CALENDAR tice.’’ It turns out, the McConnell rule bipartisanship and compromise—on life The PRESIDING OFFICER. Under was nothing more than a McConnell support before—now end. This is how. the previous order, the Senate will re- ruse. By one side—in this case the Repub- sume executive session to resume con- Leader MCCONNELL, sadly, sadly, is lican majority under Leader MCCON- sideration of the following nomination, headed down the path of breaking his NELL—deciding that the rules don’t which the clerk will report.
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.003 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5736 CONGRESSIONAL RECORD — SENATE September 22, 2020 The senior assistant legislative clerk Court Justice. They want Republicans What is disturbing are Democrats’ read the nomination of Edward Hulvey to refuse to consider the President’s threats as to what they will do if Re- Meyers, of Maryland, to be a Judge of nomination before the President has publicans in the Senate don’t yield to the United States Court of Federal even named anyone. their demands. Those threats include, Claims for a term of fifteen years. They claim that the fact that a Re- but are not limited to, eliminating the The PRESIDING OFFICER. The ma- publican-led Senate did not consider legislative filibuster, which is the rule jority whip. the nomination of Merrick Garland we all know in the Senate that helps REMEMBERING JUSTICE RUTH BADER GINSBURG during President Obama’s final year ensure that bills that come before the Mr. THUNE. Madam President, on means Republicans should decline to Senate require bipartisan cooperation; Friday, we learned that trailblazing consider President Trump’s nominee. they threatened to pack the Supreme Supreme Court Justice Ruth Bader It is perfectly true that the Senate Court with additional Justices so that Ginsburg had died at the age of 87 from did not vote on President Obama’s final they can ensure a rubberstamp for pancreatic cancer. Supreme Court nominee. That is some- their agenda. Justice Ginsburg embraced the law thing the Senate can choose to do. Any Some are even suggesting—sug- at a time when being a woman in the Senate, led by either party, can decline gesting impeaching the President field meant a constant uphill battle. to take up a nominee. That is the Sen- again. What they would impeach him She had to fight for opportunities that ate’s constitutional prerogative. for is not exactly clear. Fulfilling his were available to men as a matter of At the time, we felt that since voters constitutional responsibility to name course. had recently chosen a Republican-led someone to the Supreme Court? Some Democrats have gone so far as Her work as a lawyer eventually Senate, while the President was a Dem- to say that nothing is off the table came to focus around women’s rights— ocrat on his way out of office, the new when it comes to retribution for con- or as Ruth Bader Ginsburg put it, ‘‘the President should choose the next Su- sidering the President’s nominee—a constitutional principle of the equal preme Court nominee. And we all knew at the time that very well could be Hil- particularly insidious and irresponsible citizenship stature of men and threat at the time when political vio- women.’’ lary Clinton. But that was wholly in line with the history of the Senate— lence is at a high in this country. Before joining the Court, she argued One thing I can say is that Repub- six gender discrimination cases before and with the rule promulgated by Joe Biden when he was chairman of the Ju- licans will not be deterred from per- it, and as a Justice, she continued to forming our constitutional role by diciary Committee, and endorsed, I advance this cause. She served with Democrats’ undemocratic threats. For might add, by the current Democratic distinction on the Supreme Court for many of us, confirming principled more than 25 years—and engaged in leader in 2007. As a Wall Street Journal op-ed ex- judges who will uphold the Constitu- some of the Court’s most memorable tion and the rule of law has been a core plained: exchanges over that period. tenet of our public service—and a She was known for her work ethic This exception was popularized in 1992 by Sen. Joe Biden, then chairman of the Judici- shared goal of those who elected us. and tenacity, as well as her kindness We will work to fill the Supreme and good humor, and, of course, for her ary Committee. He urged President George H.W. Bush to refrain from making any Su- Court vacancy, and I look forward to love of opera and her 56-year romance preme Court nominations in that election receiving and reviewing the President’s with her beloved husband, Marty. year. What made 1992 different from other nomination in the near future. She disagreed often with her good election years, Mr. Biden explained, was that I yield the floor. friend Justice Scalia, but they never ‘‘divided Government’’ reflected an absence The PRESIDING OFFICER. The allowed their strong disagreements to of a ‘‘nationwide consensus’’ on constitu- Democratic whip. ruin their enduring friendship and mu- tional philosophy. ‘‘Action on a Supreme Mr. DURBIN. Madam President, I lis- tual respect. She could dissent on the Court nomination must be put off until after tened to the statements made by the most fundamental questions, without the election campaign is over,’’ the future Republican leadership this morning on indicting the character of those with vice president insisted. No vacancy arose the floor of the U.S. Senate. If one has until 1993, when President Clinton was in the a sense of history and memory, their whom she disagreed. White House and Ginsburg’s nomination eas- Her work to secure equal treatment ily passed a Democratic Senate. But the statements are preposterous. for women has earned her a place in Biden rule fit 2016 to a tee. The last speaker came before us and said: The Democrats are even threat- American history, and her courage and For the past 130-plus years, no Senate perseverance in overcoming significant ening to end the filibuster in retribu- has approved a Supreme Court nominee tion. obstacles will continue to inspire in the final year of a President’s term many. Well, let’s stop and think for a mo- if the Senate majority and the Presi- ment. Was there a filibuster affecting My thoughts and prayers are with dent were of different parties. Justice Ginsburg’s family. the Supreme Court nominees? Was On the other hand, a number of Su- there a requirement of 60-vote margins SUPREME COURT NOMINATIONS preme Court nominees have been con- if there is controversy associated with Madam President, in the wake of a firmed during a President’s final year filling the vacancy on the Supreme Supreme Court Justice’s death, the in office when the Senate was led by Court? There was until one Senator Senate has to turn its thoughts to con- the same party as the President. from Kentucky, Mr. MITCH MCCONNELL, sidering the next Supreme Court nomi- There have been 15 situations in U.S. eliminated the filibuster when it came nee. The President has indicated that history where a Supreme Court va- to the Supreme Court. he expects to nominate Justice Gins- cancy arose in a Presidential election This so-called democratic institution burg’s successor as soon as this week. year, and the President nominated of the filibuster was eliminated when it He has also made it clear he intends to someone that same year. In eight of came to Supreme Court nominees by nominate a woman. those cases, the President and the Sen- that same Senator MCCONNELL, who Whomever he nominates, I am con- ate majority were of the same party. comes to the floor and says that the fident that she will be in the mode of And in all but one of those eight cases, Democrats have reached an outrageous the President’s other Supreme Court the President’s nominee was con- position: They are threatening the fu- appointments, a nominee with a pro- firmed. ture of the filibuster. found respect for the law and the Con- Democrats are free to disagree with He eliminated it. When there were stitution, someone who understands Republicans’ application of the Biden- changes made in the filibuster on other that the job of a Supreme Court Jus- Schumer rule in 2016, but no one can court appointments, Senator Reid was tice—or any judge—is to interpret the dispute that voting on or rejecting a careful not to include the Supreme law, not make the law, to call balls and nominee is the constitutional preroga- Court, but Senator MCCONNELL did. strikes, not rewrite the rules of the tive of the U.S. Senate. Senator MCCONNELL has brought us to game. There should be nothing disturbing this moment. Predictably, Democrats are in an up- about the Senate fulfilling its constitu- Think how different it would be—how roar over the fact that President tional role of advising and consenting different it would be today if the nomi- Trump will nominate a third Supreme on a Supreme Court nomination. nee of this President were subject to a
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.004 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5737 filibuster. If it took 60 votes, it means is, the Senate makes the decisions nominee before the Senate before these the person nominated would have to be based on majority. At that point, Sen- two dates arrive. moderate in their approach. We don’t ator MCCONNELL had the majority, and Do you recall, not that many years expect that from this President in fill- he lined up his membership behind ago, when the Republicans controlled ing the vacancy of Ruth Bader Gins- him. the House of Representatives and burg. Unfortunately, they are lining up voted, I believe, 50 different times to I also read and reread one simple fact again, but this time Senator MCCON- eliminate the Affordable Care Act? when it came to Ruth Bader Ginsburg NELL’s position is the exact opposite. Were it not for a Democratic Senate, in 1993. She cleared the Senate Cham- This time he is arguing that because they might have achieved their goal. ber, at a time when the filibuster rule there is a Republican President, he Each and every time they were asked: did apply, with a vote of 96 to 3—96 to should fill this vacancy instantly: Get What would you replace it with? What 3. it done. Let’s go. His Republican Sen- would you say to the 20 million Ameri- Understand that Ruth Bader Gins- ators who took the opposite position 4 cans who depend on the Affordable burg was a well-known person when she years ago are finding some rationaliza- Care Act for their source of health in- came before this body for approval to tion to follow him again. surance? What would you say to the the Supreme Court. She had been an What is at stake in this, of course, is rest of America who depend on the Af- outspoken advocate for women’s rights not just the Senate, the comity of the fordable Care Act for fundamental pro- and equality as an attorney and advo- Senate, the respect we have for one an- tections in health insurance and pro- cate for groups like the American Civil other, the respect we have for tradi- tections, such as no discrimination Liberties Union. She had served on the tions one way or the other and that based on preexisting conditions? DC Circuit Court of Appeals. they be followed regardless of the Americans understand that. Vir- As well known as she was for her po- President’s party; what is at stake, un- tually every family has a story to tell litical beliefs, she cleared this Senate fortunately, is also the Supreme Court. of someone in their own family with an Chamber with only three dissenting This institution, the third branch of illness that could be considered a pre- votes—Senator Jesse Helms, Senator government, is part of a strategy that existing condition. The insurance in- Don Nickles, and Senator Bob Smith— Senator MCCONNELL has been pushing dustry even went so far at one point as three Republicans. What a different forward for years now. It is the intent to say being a woman was essentially a time it was. Even though her stripes of the Republicans in the Senate, preexisting condition. Based on that, were clear, she was so well respected as through Senator MCCONNELL, to take the health insurance industry would ei- a jurist and a person of integrity that control of the third branch of govern- ther charge higher premiums or refuse she was approved by the Senate Cham- ment, the judicial branch. They are coverage. ber. desperate to do it. Time is not on their We got rid of those days. We ended How far we have fallen. We are in a side. that with the Affordable Care Act. We position now, at this moment, when The demographics of America cannot ended it with ObamaCare. And now the Senator MCCONNELL, 4 years ago, es- be held back simply by voter suppres- Republicans, again, want the insurance tablished a standard. The vacancy of sion. They have to count on jurists industry to have that power over your Scalia’s seat on the Supreme Court led from every level of the Federal judici- life. As of this morning, 6 million President Obama to nominate Merrick ary to adhere to their minority point Americans have been reported as diag- Garland, a well-respected judge from of view on so many important issues. nosed with COVID–19. Trust me, the in- the DC Circuit. I remember seeing him Ironically, one of those issues is the surance industry would make that a and meeting with him after he had role of women, the equality of women preexisting condition for them and for been proposed by President Obama. It in America. Ruth Bader Ginsburg ar- any others in the future who should was a sad duty to watch him as he gued for that her whole life. She was turn up positive on these COVID–19 walked the Halls of the Senate. You smart enough to know she was taking tests. see, Senator MCCONNELL announced her argument to a lot of male judges, What the Republicans are seeking to that he didn’t want any Republican so she argued for equality for men, as do in the Supreme Court is what they Senators to physically meet with well as women, during the course of her failed to do on the floor of the Senate. Merrick Garland—not give him the rec- career on and off the bench. They tried on the Senate floor many ognition of even a meeting in their of- She was principled, determined, and times—and the last time is well re- fice, let alone a hearing. The argument successful. As an attorney, she argued membered—to end the Affordable Care that Senator MCCONNELL made—and and won multiple cases in the Supreme Act. Those of us who were here that Senator SCHUMER said this morning— Court in the 1970s, eventually per- night watched as a handful—perhaps was that it wasn’t President Obama’s suading the all-male Court to apply the three—Republican Senators said no. place to fill that vacancy; it was the 14th Amendment’s equal protection We all remember that moment after he place of the next President of the clause to sex-based discrimination. had been on the phone with President United States. Sadly, we can predict with almost 100 Trump when John McCain, the late Senator MCCONNELL, basically, de- percent certitude that if Donald Trump Senator from Arizona, came through clared President Obama was a lame- and MITCH MCCONNELL choose her suc- those doors at 2:30 in the morning and duck when it came to Supreme Court cessor, that principle will be under fire; cast his ‘‘no’’ vote in the well of the vacancies in his last year in office and in fact, it may not even survive. Senate Chamber. I was there just a few that the next President, whoever that For all the kind speeches about this feet away and watched every second of might be, would make the choice. Well, principled woman and what she gave to it. It was gripping. It was exciting. For one after another, the Republican Sen- America—and they are well deserved many people, it was giving them an- ators marched in line behind that about Ruth Bader Ginsburg—watch the other chance to protect themselves McConnell position, announcing that nominee who comes from the Trump with health insurance, something the they, too, agreed that President Obama White House and you will find, I am other Republicans were determined to was a lameduck when it came to filling afraid, they are not even close to the eliminate. Supreme Court vacancies in his last standard that she argued for and suc- John McCain said then and we say year in office. They didn’t cite the Con- ceeded. now: If you have a better idea on the stitution because there is no provision Today, we are 6 weeks from election Republican side—President Trump, if in the Constitution that even comes day and 7 weeks from the Supreme you have a better idea than the ACA— close to that suggestion. There cer- Court taking up another case, one let’s see it. How many times has this tainly wasn’t any law, and there wasn’t which I think is relevant and impor- President made an empty promise: We any precedent. tant to every single American. The have a substitute; I will give it to you I hear the Republicans come to the question the Court will decide is in a week, 2 weeks, 3 weeks. They don’t floor mentioning Joe Biden’s name and whether the ACA—ObamaCare—will have one. CHUCK SCHUMER’s name. Who knows survive. President Trump and Majority Recently, at a hearing before the Ap- who will be next on their list? The fact Leader MCCONNELL want to rush the propriations Subcommittee, I asked
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.005 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5738 CONGRESSIONAL RECORD — SENATE September 22, 2020 three leading health experts and doc- President Trump has also made it tion. There are 200,000 Americans—that tors in the Trump administration if clear that when he picks a new Su- number is likely to be confirmed in any of them had worked on the so- preme Court Justice, he wants them to just a matter of hours, if not days— called Republican substitute. Not a agree with him when it comes to elimi- who have died of COVID–19. one. It doesn’t exist. It is just an nating the Affordable Care Act. You say to yourself: Well, it is a empty answer and an imperfect answer, I would say to people across America: global pandemic, and people are dying at best, from this administration. Be prepared. If MITCH MCCONNELL gets everywhere. I remember February 13, 2016, when his way, if Donald Trump gets his way, That is true, but the rate of death in Justice Scalia just passed away in a if they install a new Supreme Court America, sadly, leads the world. It is Presidential election year and Senator Justice who has taken this oath—this not an indication of American great- MCCONNELL said, to the surprise of political oath to following the Trump ness that the infection rate from many of us, the following: plan—all of America will be at risk be- COVID–19 in the United States of The American people should have a voice cause the protections of the Affordable America is five times what it is in Ger- in the selection of their next Supreme Court Care Act will be eliminated by that Su- many. It is not an indication of Amer- Justice. Therefore, this vacancy [the Scalia preme Court. ican greatness when the infection rate vacancy] should not be filled until we have a In 2015, Donald Trump tweeted, as he in the United States is twice what it is new President. often does: ‘‘If I win the Presidency, in Canada. It is not a reflection of the He stated the McConnell rule in Feb- my judicial appointments will do the greatness of America that, with 41⁄2 ruary of 2016, an election year. Here it right thing unlike Bush’s appointee percent of the global population, we is: John Roberts on ObamaCare.’’ We cer- have 20 percent of the people who have The American people should have a voice tainly know what that means because died from this pandemic. This Presi- in the selection of their next Supreme Court Justice. Therefore, this vacancy should not at least on one occasion, John Roberts dent and this administration have ut- be filled until we have a new President. has kept ObamaCare alive. terly failed when it has come to this Let’s be clear. The Affordable Care It is pretty clear, isn’t it? public health crisis—one of the most Well, Republican Senators all lined Act is hanging in the balance in just a challenging in a century. up behind him in this new statement of few days. The healthcare coverage and For the 6 million people who have principle and denied Merrick Garland protections for preexisting conditions been infected with this COVID virus in not only a hearing but even the cour- that millions of American families rely America, we pray that they will re- tesy of an office appointment for most on are at risk. Republicans were never cover fully, but we know, in many of them. The McConnell rule is clear able to repeal the Affordable Care Act cases, they will not. We know that, and unambiguous, and the 2016 Repub- in the House or on the floor of the Sen- without the protection in the Afford- licans dutifully fell in line behind it. ate—thank you, John McCain—so they able Care Act, many insurers will They said that the American people want to do it in the Court. They are refuse to issue policies to these people should have the last word. An election trying to accomplish in the Supreme in the future if the Republicans have year Supreme Court vacancy should be Court what they cannot accomplish in their way and eliminate the Affordable filled in the next Presidential term. Congress. If President Trump and Sen- Care Act. Senator MCCONNELL claims that his ator MCCONNELL go through with their Amy, of Huntley, IL, recently wrote rule really had an asterisk at the end. plan to jam through a Supreme Court to me: I don’t see one. He said it really de- nominee this year, the Affordable Care Please save the ACA. Without it, caps will pends on which party controls the Sen- Act is doomed. come back, and, with them, my children’s ate. Well, that is certainly a distinc- Did you hear last night when the mental health care coverage will essentially tion without a difference. Why should chairman of the Senate Judiciary Com- disappear. I have three children, each with varying mental health disabilities. Before the composition of the Senate dictate mittee announced—I saw it this morn- ing on television. He announced that the Affordable Care Act, our Blue Cross-Blue whether or not the American people Shield plan had a maximum family lifetime ‘‘should have a voice in the selection of every single Republican Senator on the cap of 100 mental health care visits. Senate Judiciary Committee is going their next Supreme Court Justice’’? Ei- A lifetime cap, she says, of 100 visits. ther the American people have a voice to vote for the Trump nominee for the Supreme Court. We don’t have a nomi- That is it. When the ACA was passed, it regarding the future of the Court when was like a tremendous weight had been there is a vacancy in an election year nee yet, do we? The President said he taken off our family. will not announce one until Saturday or they don’t. Young adults, incidentally, up to the of this week. Here is this announce- Four years ago, Senator MCCONNELL age of 26 are protected by their fami- ment by the Republican chairman of said they do. Now he says they don’t. It lies’ health insurance under the Afford- the Senate Judiciary Committee: He’s is a flip-flop and, oh, the painful con- able Care Act. If the Trump adminis- tortions I see among most Republican counted the votes. It is a done deal. tration, MITCH MCCONNELL, and the Senators trying to rationalize posing What does it tell you? It tells you it doesn’t make any difference whom the new Supreme Court nominee have their for holy pictures 4 years ago, saying way, that would end. Insurance plans that the American people should have President nominates—the silence of the lambs in the U.S. Senate. would no longer have to cover prescrip- the last word and then 4 years later, tion drugs, maternity care, mental completely reversing themselves—but If President Trump and Senator MCCONNELL go through with this plan, health, or addiction treatment. While they do. still facing the opioid crisis, elimi- This is not just some Washington de- America will feel it, and every family nating the Affordable Care Act would bate. The stakes in this debate are im- will know it. That is why my Repub- eliminate the guarantee that your son, portant for every American. It isn’t lican colleagues refuse to give the your daughter, or someone in your about who gets the last word on American people the last word on No- family who is facing the addiction of MSNBC or FOX; it is about who gets vember 3. They are so uncertain of the this terrible drug would have coverage the last word when you learn someone reelection of Donald Trump, they have when it comes to addiction treatment. in your family has a devastating illness to do this now, quickly. They are Misty, of Gurnee, IL, wrote: and you are praying to God you have a afraid he will not be renominated, that health insurance plan that will cover he will not be reelected, and that he In a time where my husband is unemployed will not be in a position to fill this va- and I’ve been quarantined . . . losing our it. health care now would be absolutely dev- President Trump has made clear he cancy next year. So they are breaking astating for my family. My husband and I wants to strike down the entire Afford- their own promise to the American are both on daily prescription meds, and we able Care Act even without a sub- people to respect their judgment in the have two daughters who desperately need stitute. That is the position the Trump selection of the Supreme Court nomi- health care coverage as well. I am asking administration took before the Su- nee. you to protect the Affordable Care Act. preme Court in a case that will be ar- AFFORDABLE CARE ACT Misty, I am going to protect the Af- gued just days after this November 3 Madam President, we know what is fordable Care Act by opposing Presi- election. at stake as well in terms of this Na- dent Trump’s Supreme Court nominee
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.007 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5739 because he has promised us that the the Senator from Vermont (Mr. SAND- The clerk will call the roll. nominee will eliminate the Affordable ERS), and the Senator from Michigan The bill clerk called the roll. Care Act. I could not in good con- (Ms. STABENOW) are necessarily absent. Mr. THUNE. The following Senators science support such a nominee. The PRESIDING OFFICER (Mr. are necessarily absent: the Senator When the Affordable Care Act goes CRUZ). Are there any other Senators in from West Virginia (Mrs. CAPITO), the away, as the Republicans are seeking the Chamber desiring to vote? Senator from Wisconsin (Mr. JOHNSON), to achieve in court and now on the The result was announced—yeas 66, the Senator from Alaska (Mr. SUL- floor of the Senate, Medicare would nays 27, as follows: LIVAN), and the Senator from North face insolvency sooner—at least 1 year [Rollcall Vote No. 185 Ex.] Carolina (Mr. TILLIS). sooner—and seniors would be charged YEAS—66 Mr. DURBIN. I announce that the more for prescription drugs. Hospitals Alexander Fischer Paul Senator from California (Ms. HARRIS), in Illinois, especially downstate and Barrasso Gardner Perdue the Senator from Vermont (Mr. SAND- inner city hospitals, would see signifi- Blackburn Graham Peters ERS), and the Senator from Michigan cant revenue losses from the elimi- Blunt Grassley Portman (Ms. STABENOW) are necessarily absent. Boozman Hassan Risch nation of Medicaid expansion. Braun Hawley Roberts The PRESIDING OFFICER. Are there This is the real world, and the people Burr Hoeven Romney any other Senators in the Chamber de- who are writing to my office are doing Cardin Hyde-Smith Rosen siring to vote or change their vote? so of their own volition to let me know Carper Inhofe Rounds Casey Jones Rubio The yeas and nays resulted—yeas 49, what they face. This isn’t just a matter Cassidy Kennedy Sasse nays 44, as follows: of big shots in Washington who are Collins King Scott (FL) [Rollcall Vote No. 186 Ex.] Cornyn Lankford Scott (SC) fighting with one another to see who YEAS—49 can get more camera time. It isn’t a Cortez Masto Leahy Shaheen Cotton Lee Shelby Alexander Fischer Perdue question of who is going to appear Cramer Loeffler Sinema Barrasso Gardner Portman more on the cable TV shows. It is a Crapo Manchin Tester Blackburn Graham Risch question of whether we care about the Cruz McConnell Thune Blunt Grassley Roberts Daines McSally Toomey Boozman Hawley Romney families we represent. Duckworth Moran Warner Braun Hoeven Rounds Enzi Murkowski Wicker Most families, my own included, have Burr Hyde-Smith Rubio Ernst Murphy Young been through this. I know the sleepless Cassidy Inhofe Sasse Collins Kennedy nights when you worry about whether Scott (FL) NAYS—27 Cornyn Lankford Scott (SC) you have health insurance. I know Baldwin Gillibrand Reed Cotton Lee Shelby what it is like to be the father of a new Bennet Heinrich Schatz Cramer Loeffler Thune baby who has serious medical condi- Blumenthal Hirono Schumer Crapo McConnell Booker Kaine Smith Cruz McSally Toomey tions and to have no insurance at all. I Brown Klobuchar Udall Daines Moran Wicker have faced it, and I will never forget it. Cantwell Markey Van Hollen Enzi Murkowski Young I will never forget the families who Coons Menendez Warren Ernst Paul sent me to Washington to remember Durbin Merkley Whitehouse Feinstein Murray Wyden NAYS—44 them as well. Baldwin Hassan Reed NOT VOTING—7 This is about more than who gets Bennet Heinrich Rosen bragging rights politically at the end Capito Sanders Tillis Blumenthal Hirono Schatz of the day; it is about the right of Harris Stabenow Booker Jones Schumer Johnson Sullivan Brown Kaine Shaheen every American family to have peace Cantwell King The nomination was confirmed. Sinema of mind in knowing they have quality, Cardin Klobuchar Smith affordable, accessible health insurance f Carper Leahy Tester Casey Manchin Udall coverage. Coons Markey CLOTURE MOTION Van Hollen I yield the floor. Cortez Masto Menendez Warner I suggest the absence of a quorum. The PRESIDING OFFICER. Pursuant Duckworth Merkley Warren The PRESIDING OFFICER (Mrs. to rule XXII, the Chair lays before the Durbin Murphy Feinstein Murray Whitehouse LOEFFLER). The clerk will call the roll. Senate the pending cloture motion, Gillibrand Peters Wyden The legislative clerk proceeded to which the clerk will state. call the roll. The legislative clerk read as follows: NOT VOTING—7 Capito Sanders Tillis Mr. WHITEHOUSE. Madam Presi- CLOTURE MOTION Harris Stabenow dent, I ask unanimous consent that the We, the undersigned Senators, in accord- Johnson Sullivan order for the quorum call be rescinded. ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without Standing Rules of the Senate, do hereby The PRESIDING OFFICER. On this objection, it is so ordered. move to bring to a close debate on the nomi- vote, the yeas are 49, the nays are 44. The PRESIDING OFFICER. The nation of Andrea R. Lucas, of Virginia, to be The motion is agreed to. question is, Will the Senate advise and a Member of the Equal Employment Oppor- f consent to the Meyers nomination? tunity Commission for a term expiring July 1, 2025. Mr. WHITEHOUSE. I ask for the yeas Mitch McConnell, Cindy Hyde-Smith, EXECUTIVE CALENDAR and nays. John Thune, John Hoeven, John Booz- The PRESIDING OFFICER. Is there a man, David Perdue, Steve Daines, Pat The PRESIDING OFFICER. The sufficient second? Roberts, Thom Tillis, Lamar Alex- clerk will report the nomination. There appears to be a sufficient sec- ander, John Cornyn, Lindsey Graham, The bill clerk read the nomination of ond. Roger F. Wicker, Mike Braun, John Andrea R. Lucas, of Virginia, to be a The clerk will call the roll. Barrasso, Richard C. Shelby, Tim Member of the Equal Employment Op- The legislative clerk called the roll. Scott. portunity Commission for a term expir- Mr. THUNE. The following Senators The PRESIDING OFFICER. By unan- ing July 1, 2025. are necessarily absent: the Senator imous consent, the mandatory quorum from West Virginia (Mrs. CAPITO), the call has been waived. f Senator from Wisconsin (Mr. JOHNSON), The question is, Is it the sense of the RECESS the Senator from Alaska (Mr. SUL- Senate that debate on the nomination LIVAN), and the Senator from North of Andrea R. Lucas, of Virginia, to be a The PRESIDING OFFICER. Under Carolina (Mr. TILLIS). Member of the Equal Employment Op- the previous order, the Senate stands Further, if present and voting, the portunity Commission for a term expir- in recess until 2:15 p.m. Senator from Wisconsin (Mr. JOHNSON) ing July 1, 2025, shall be brought to a Thereupon, the Senate, at 12:48 p.m., would have voted yea. close? recessed until 2:15 p.m. and reassem- Mr. DURBIN. I announce that the The yeas and nays are mandatory bled when called to order by the Pre- Senator from California (Ms. HARRIS), under the rule. siding Officer (Mr. ALEXANDER).
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.008 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5740 CONGRESSIONAL RECORD — SENATE September 22, 2020 EXECUTIVE CALENDAR—Continued [Rollcall Vote No. 187 Ex.] Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- YEAS—49 Senator from California (Ms. HARRIS), ator from Florida. Alexander Fischer Perdue the Senator from Vermont (Mr. SAND- REQUEST FOR COMMITTEE TO MEET Barrasso Gardner Portman ERS), and the Senator from Michigan Blackburn Graham Risch (Ms. STABENOW), are necessarily ab- Mr. RUBIO. Mr. President, I ask Blunt Grassley Roberts sent. unanimous consent that the Intel- Boozman Hawley Romney ligence Committee be authorized to Braun Hoeven Rounds The PRESIDING OFFICER (Mrs. meet today with the Director of Na- Burr Hyde-Smith Rubio BLACKBURN). Are there any other Sen- Cassidy Inhofe Sasse tional Counterintelligence, and he is Collins Kennedy ators in the Chamber desiring to vote? Scott (FL) also leading the election security ef- Cornyn Lankford Scott (SC) The yeas and nays resulted—yeas 52, Cotton Lee forts on behalf of the Office of the Di- Shelby nays 41, as follows: rector of National Intelligence—that Cramer Loeffler Crapo McConnell Thune [Rollcall Vote No. 188 Ex.] that meeting occur during today’s ses- Cruz McSally Toomey sion of the Senate. Daines Moran Wicker YEAS—52 The PRESIDING OFFICER (Mr. ROM- Enzi Murkowski Young Alexander Gardner Perdue NEY). Is there objection? Ernst Paul Barrasso Graham Portman The Democratic leader. NAYS—44 Blackburn Grassley Risch Mr. SCHUMER. Reserving the right Blunt Hawley Roberts Baldwin Hassan Reed Boozman Hoeven Romney to object. Because the Senate Repub- Bennet Heinrich Rosen Braun Hyde-Smith Rounds licans have no respect for the institu- Blumenthal Hirono Schatz Burr Inhofe Rubio Booker Jones tion, we will not have business as usual Schumer Cassidy Jones Sasse Brown Kaine Collins Kennedy here in the Senate, I object. Shaheen Scott (FL) Cantwell King Cornyn Lankford The PRESIDING OFFICER. The ob- Sinema Scott (SC) Cardin Klobuchar Cotton Lee jection is heard. Smith Shelby Carper Leahy Tester Cramer Loeffler The Senator from Florida. Casey Manchin Sinema Udall Crapo Manchin Mr. RUBIO. Mr. President, if I may, Coons Markey Thune Van Hollen Cruz McConnell Cortez Masto Menendez Daines Toomey just for a moment, just for the infor- Warner McSally Duckworth Merkley Enzi Moran Wicker mation of the Members, then, who are Warren Durbin Murphy Ernst Murkowski Young on the committee, we will not be hav- Whitehouse Feinstein Murray Fischer Paul ing the hearing today on the issue of Gillibrand Peters Wyden NAYS—41 election security with the person lead- NOT VOTING—7 ing that effort. It is a priority of many Baldwin Gillibrand Reed Capito Sanders Tillis Bennet Hassan Rosen here. Harris Stabenow Blumenthal Heinrich We are scheduled to have the Direc- Johnson Sullivan Schatz tor of National Intelligence tomorrow Booker Hirono Schumer The nomination was confirmed. Brown Kaine to discuss that and many more topics Shaheen f Cantwell King Smith of great importance that I know a lot Cardin Klobuchar CLOTURE MOTION Tester of people here have been saying we Carper Leahy Udall Casey Markey The PRESIDING OFFICER. Pursuant Van Hollen need to be having briefings over. I hope Coons Menendez Warner that if, in fact, the Democratic leader to rule XXII, the Chair lays before the Cortez Masto Merkley Warren intends to object to that, that we Senate the pending cloture motion, Duckworth Murphy Durbin Murray Whitehouse should know that today as well, I hope, which the clerk will state. Wyden so that the Members will know that The senior assistant legislative clerk Feinstein Peters and make arrangements accordingly. read as follows: NOT VOTING—7 I yield the floor. CLOTURE MOTION Capito Sanders Tillis VOTE ON LUCAS NOMINATION We, the undersigned Senators, in accord- Harris Stabenow The PRESIDING OFFICER. Under ance with the provisions of rule XXII of the Johnson Sullivan the previous order, all postcloture time Standing Rules of the Senate, do hereby The PRESIDING OFFICER. On this has expired on the Lucas nomination. move to bring to a close debate on the nomi- The question is, Shall the Senate ad- nation of Keith E. Sonderling, of Florida, to vote, the yeas are 52, the nays are 41. vise and consent to the Lucas nomina- be a Member of the Equal Employment Op- The motion is agreed to. tion? portunity Commission for a term expiring Mr. ALEXANDER. Mr. President, I July 1, 2024. f ask for the yeas and nays. Mitch McConnell, Cindy Hyde-Smith, John Thune, John Hoeven, John Booz- The PRESIDING OFFICER. Is there a EXECUTIVE CALENDAR sufficient second? man, David Perdue, Steve Daines, Pat There appears to be a sufficient sec- Roberts, Thom Tillis, Lamar Alex- The PRESIDING OFFICER. The ander, John Cornyn, Lindsey Graham, clerk will report the nomination. ond. Roger F. Wicker, Mike Braun, John The clerk will call the roll. The legislative clerk read the nomi- The senior assistant legislative clerk Barrasso, Richard C. Shelby, Tim Scott. nation of Keith E. Sonderling, of Flor- called the roll. ida, to be a Member of the Equal Em- Mr. THUNE. The following Senators The PRESIDING OFFICER. By unan- ployment Opportunity Commission for are necessarily absent: the Senator imous consent, the mandatory quorum a term expiring July 1, 2024. from West Virginia (Mrs. CAPITO), the call has been waived. Senator from Wisconsin (Mr. JOHNSON), The question is, Is it the sense of the The PRESIDING OFFICER. The the Senator from Alaska (Mr. SUL- Senate that debate on the nomination Democratic leader. LIVAN), and the Senator from North of Keith E. Sonderling, of Florida, to UNANIMOUS CONSENT REQUEST be a Member of the Equal Employment Carolina (Mr. TILLIS). Mr. SCHUMER. Madam President, Further, if present and voting, the Opportunity Commission for a term ex- piring July 1, 2024, shall be brought to over the course of her extraordinary Senator from Wisconsin (Mr. JOHNSON) life, Justice Ginsburg did as much to would have voted yea. a close? Mr. DURBIN. I announce that the The yeas and nays are mandatory advance the cause of justice as she could manage. She was a trailblazer of Senator from California (Ms. HARRIS), under the rule. women from all ages, from all walks of the Senator from Vermont (Mr. SAND- The clerk will call the roll. life, who watched her tear down the ERS), and the Senator from Michigan The legislative clerk called the roll. barriers that separated men from (Ms. STABENOW), are necessarily ab- Mr. THUNE. The following Senators sent. are necessarily absent: the Senator women, first from outside the corridors The PRESIDING OFFICER. Are there from West Virginia (Mrs. CAPITO), the of power, then within them. any other Senators in the Chamber de- Senator from Wisconsin (Mr. JOHNSON), As I said this morning, it is only fit- siring to vote? the Senator from Alaska (Mr. SUL- ting that she will be the first woman to The result was announced—yeas 49, LIVAN), and the Senator from North ever lie in state at the Nation’s Cap- nays 44, as follows: Carolina (Mr. TILLIS). itol. After all, she made a life’s work
VerDate Sep 11 2014 10:43 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.014 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5741 out of going where women had not gone lution that the majority put forward Democratic Members who demanded before. that was intended to be a bipartisan the Senate take up a nomination to the I rise now to offer a resolution that resolution commemorating the life and Supreme Court are now demanding the will honor her long and illustrious ca- service of Justice Ruth Bader Gins- Senate not take up a nomination to reer. Republicans came to us with this burg. That follows the bipartisan tradi- the Supreme Court. resolution, but it ignored Justice Gins- tion this body has followed in com- To be sure, the Republican majority burg’s dying wish, what she called her memorating Justices when they have that declined to consider that nomina- most fervent wish, that she not be re- passed. tion is now going to take up President placed until the new President is in- Unfortunately, the Democratic lead- Trump’s nomination to this vacancy, stalled. We simply have added to the er has put forth an amendment to turn but I would note the circumstances are exact same text of the resolution the that bipartisan resolution into a par- markedly different, and history and Republicans gave us. tisan resolution. Specifically, the more than two centuries of precedent All the kind words and lamentations Democratic leader wants to add a are on the side of what this Senate will about Justice Ginsburg from the Re- statement that Justice Ginsburg’s po- do. publican majority will be totally sition should not be filled until a new The question of whether a President empty if those Republicans ignore her President is installed, purportedly should nominate a Supreme Court Jus- dying wish and instead move to replace based on a comment made to family tice to fill a vacancy that occurred dur- her with someone who will tear down members shortly before she passed. ing a Presidential election year has oc- everything she built; someone who That, of course, is not the standard. curred 29 times in our Nation’s history. could turn the clock back on a wom- Under the Constitution, members of This is not new—29 times. Of those 29 an’s right to choose; someone who the Judiciary do not appoint their own times, Presidents of both parties, could turn back the clock on marriage successors. No article III judge has the Democrats and Republicans, have nom- equality; someone who would make it authority to appoint his or her own impossible to join a union; someone inated Justices 29 times. Every single successor. Rather, judicial nominations time there has been a vacancy during a who could take healthcare away from are made by the President of the tens of millions of Americans, send Presidential year, a President has nom- United States, and confirmations are inated a Justice to that vacancy. Of drug prices soaring, and rip away pro- made by this body, the U.S. Senate. tections for up to 130 million Ameri- the 44 individuals who served as Presi- I would note that Justice Ginsburg dent of the United States, 22 have done cans with preexisting conditions. That was someone whom I knew personally. is what we are talking about when we so. Fully one half of the Presidents I argued nine times before Justice who have ever served this country have talk about this vacancy. Ginsburg at the Supreme Court. She For hundreds of millions of Ameri- made Supreme Court nominations dur- led an extraordinary life. She was one cans, everything is on the line. Perhaps ing Presidential election years. of the finest Supreme Court litigators that is why Justice Ginsburg expressed So what is the difference? to have ever practiced. She served 27 her ‘‘fervent’’ wish that she not be re- Well, there is a sharp difference in years on the Court, leaving a profound placed until the next President is in- our Nation’s history depending upon legacy. Justice Ginsburg understood stalled. She knew how important the whether the Senate is controlled by the full well that the position being put Supreme Court was in American life, same party as the President or a dif- forth by the Democratic leader is not and she knew there would be great ferent party from the President. So, of the law and is not the Constitution. In- temptation to take advantage of the the 29 times in history, in 19 of those deed, I will quote what Justice Gins- timing of her death for political pur- times, the Senate and the Presidency poses. She knew the risks of her va- burg said just 4 years ago. were controlled by the same party. Reported in the Washington Post on cancy turning into a power game driv- When that happened, the Senate took September 7, 2016, Justice Ginsburg is en by rank partisanship, so she ex- up and confirmed those nominees 17 of reported to have said: pressed a simple idea: Let the next the 19 times. President decide, whoever it might be. The president is elected for four years not Do you want to ask what history It could be President Trump, it could three years, so the power he has in year three continues into year four. Maybe mem- shows this body does when the Presi- be Vice President Biden, but let the bers of the Senate will wake up and appre- dent and the Senate are of the same next President decide. ciate that that’s how it should be. party and a nomination is made during Don’t rush a nominee through mere Now, of course, when Justice Gins- a Presidential election year? This body days before an election in what is sure burg said that, that was when Presi- takes up that nomination and, assum- to be the most controversial and par- dent Obama had made the nomination ing a qualified nominee, confirms that tisan Supreme Court nomination in our of Merrick Garland to the Supreme nominee. Nation’s entire history. On the other hand, what happens Maybe Justice Ginsburg hoped that Court, and the Senate had declined to consider that nomination. Without when the President and the Senate are her dying wish could save the Senate of different parties? Well, that has hap- majority from itself. It doesn’t appear even a hint of irony, every Democrat who is now screaming from the ram- pened 10 times in our Nation’s history. that way, but here on the floor this In all 10 times, the President has made afternoon, we ask our colleagues to ac- parts that we cannot consider a va- a nomination, but in those cir- knowledge her entire life and legacy, cancy on the Court during this election cumstances, the Senate has confirmed including her dying wish. year was screaming equally as loudly As in legislative session, I ask unani- from the ramparts that we must con- those nominees only twice, and 2016 mous consent that the Senate proceed sider a nomination during a Presi- was one of those examples. to the immediate consideration of the dential election year just 4 years ago. Now, the Democratic leader gave a Schumer resolution related to the Joe Biden vociferously called for the passionate speech, which I know he be- death of Ruth Bader Ginsburg, Asso- Senate to consider that nomination. lieves, about what kind of Justice he ciate Justice of the Supreme Court of Barack Obama called for the Senate to would like to see on the Court. Demo- the United States, which is at the desk. consider that nomination. Hillary Clin- cratic Members of this body have long I further ask that the resolution be ton called for the Senate to consider championed judicial activists who agreed to, the preamble be agreed to, that nomination. The Democratic lead- would embrace a view of the Constitu- and that the motions to reconsider be er said the Senate was not doing its job tion that, I believe, would do serious considered made and laid upon the if we didn’t consider that nomination. damage to the constitutional liberties table with no intervening action or de- To my knowledge, every Democratic of the American people. bate. Member of this body, likewise, decried The interesting thing about the The PRESIDING OFFICER. Is there the decision not to take up that nomi- Democratic leader’s speech is that the objection? nation and insisted the Senate was not argument was presented to the voters, The Senator from Texas. doing its job. and the voters disagreed. In 2016, Hil- Mr. CRUZ. Reserving the right to ob- Well, today, obviously, the situation lary Clinton promised to nominate Jus- ject, this endeavor started with a reso- has changed, whereby all of those tices just like the kind the Democratic
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.018 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5742 CONGRESSIONAL RECORD — SENATE September 22, 2020 leader said he wanted to see, and Presi- ber. Instead, let’s replace in the resolu- In fact, a number of Mr. Biden’s pro- dent Trump promised to nominate Jus- tion the quote from Justice Ginsburg posals make me think that he is reliv- tices ‘‘in the mold of Justice Scalia and that packing the Court is a bad idea ing his time as Vice President. His plan Justice Thomas.’’ The American people and have the Senate agree that pack- to increase the corporate tax rate from had that issue squarely before them, ing the Court is a bad idea. 21 to 28 would very quickly take us and the voters chose that we wanted I am confident that, when I ask the back to those days. Once again, this constitutionalist judges nominated to Democratic leader, he is going to reject country would be saddled with the the Supreme Court. It was not only re- this because we are, sadly, seeing one highest business tax rates in the indus- garding the Presidential election but side of the aisle embrace more and trialized world, taking into account the Senate majority. The American more dangerous and radical proposals, Federal and State taxes in this coun- people voted for a Republican majority including trying to use brute political try. U.S. companies, both large and in the Senate in 2014. The American force to politicize the Court. That is small, would see higher taxes than people voted for a Republican majority neither consistent with the Constitu- their foreign competitors in France, again in 2016, and, in 2018, the Amer- tion nor is it consistent with two cen- Germany, the UK, and other major ican people grew our majority. turies of this body’s precedent. trading partners. In some cases, those In all three of those elections, the Accordingly, I ask that the Senator taxes would be as much as 15 percent- question that the Democratic leader modify his request and, instead, take age points higher. has put forward was directly before the up my resolution at the desk. I further Mr. Biden says our tax system en- voters. What kind of Justices do you ask that the resolution be agreed to, courages offshoring, profit shifting, want? The voters clearly decided and the preamble be agreed to, and the mo- and inversions. Back when he was Vice had given a mandate. tions to reconsider be considered made President, those things actually hap- The President has said he is going to and laid upon the table with no inter- pened: offshoring, profit shifting, and nominate a Justice this week. That is vening action or debate. inversions. the right thing to do. This body, I be- The PRESIDING OFFICER. Does the When Mr. Biden was Vice President, lieve, will take up, will consider, that Senator so modify his request? the U.S. tax law allowed companies to nomination on the merits, and I believe Mr. SCHUMER. Madam President, re- defer their foreign earnings until they we will confirm that nominee before serving the right to object, I believe were brought back to the United election day. That is consistent with Justice Ginsburg would have easily States. Why would you bring them over 200 years of Senate precedent from seen through the legal sophistry of the back when we had the highest tax rate both parties. argument of the junior Senator from in the industrialized world? There is, however, something that Texas. To turn Justice Ginsburg’s That system allowed many compa- the Democratic leaders and Demo- dying words against her is so, so be- nies to delay paying taxes on their for- cratic Members of this body are threat- neath the dignity of this body. eign earnings, and in some cases, that ening that is not consistent with his- I do not modify. could be indefinitely. tory or precedent or a respect for the The PRESIDING OFFICER. Is there As part of tax reform, we specifically Constitution, and that is, namely, a objection to the original request? sought to end the parking of profits threat to pack the Supreme Court. We Mr. CRUZ. I object. overseas. We wanted that money to have heard multiple Democrats say The PRESIDING OFFICER. Objec- come home so that money would be in- that, if the Senate confirms this nomi- tion is heard. vested in this country and would create nee and the Democrats take the major- The Senator from Iowa. jobs. ity next year, they will try to add two BIDEN TAX PLAN That is why we enacted the tax on or four—or who knows how many—Jus- Mr. GRASSLEY. Madam President, global intangible low-tax income—or tices to the Supreme Court. Well, you last week, former Vice President Biden GILTI, as it is referred to—which im- know, there was another Democratic released his Presidential tax plan. I poses a minimum tax on foreign earn- President who tried to do that—FDR. wish he would release the list of people ings in low-tax countries. Even though he had a supermajority, he is going to put on the Supreme And when Biden was Vice President, the Democratic Congress rejected his Court, like he said he was going to do there were plenty of opportunities for efforts as an effort to politicize the Su- in June. He hasn’t done that, and, I what we call base erosion. That is why preme Court. think, yesterday, he said he wasn’t we created the base erosion anti-abuse Since the Democratic leader believes going to do it, but we do have his high- tax—or the BEAT, as it is called— we should follow the wishes of Justice tax plan. which targets deductible payments Ginsburg, I think it is worth reflecting He has vowed to raise taxes imme- made to foreign affiliates. We also im- on what Justice Ginsburg said about diately on U.S. businesses even though posed limits on the deductibility of in- this. She was asked about this in an our country is recovering from the terest. interview with NPR, and her statement worst economic crisis since the Great Together, these policies addressed was as follows: Depression. Usually, when you are in loopholes so companies can’t erode the Nine seems to be a good number. It’s been that economic condition, you don’t U.S. tax base and avoid taxes. that way for a long time. I think it was a bad raise taxes, and the very last thing While tax reform cracked down on idea when President Franklin Roosevelt struggling Americans need, and par- notable abuses, it also had the positive tried to pack the court. ticularly the businesses that create the effect of making the United States a Well, unfortunately, it seems the jobs, is a massive tax increase at this far more attractive place to invest— Democratic leader and Democratic time. Of course, Mr. Biden’s tax plan not only for profits of U.S. companies Senators are repeating the partisan shouldn’t come as a surprise to anyone. coming home but for foreign invest- mistakes of their predecessors in His party seems to think the answer to ment in America as well. threatening the Court and threatening every problem in America is to raise We created the foreign-derived intan- to pack the Court, which would be taxes and spend more money. gible income rules to incentivize com- truly a radical and bad idea, as Justice When he was Vice President, the U.S. panies to keep intellectual property in Ginsburg explained. corporate tax rate was the highest in this country, not abroad. Accordingly, what I am going to do is the industrialized world. It isn’t now We also allowed immediate expensing propose modifying the Democratic because of President Trump’s tax pro- of investments to encourage companies leader’s resolution to delete his call posals and the tax reform legislation to put their facilities and jobs here on that we leave this vacancy open, that we passed December 2017. Prior to tax U.S. soil. And President Trump has we leave the Court with just eight Jus- reform, U.S. companies were not com- gone way beyond the new tax law to tices, which opens up the possibility of petitive with their foreign counter- provide incentives to get industry back a 4-to-4 tie, not able to resolve a con- parts. And there were constant head- to this country. tested election, and leaving this coun- lines about companies that were mov- Now, Mr. Biden may be harkening try for weeks and months in chaos if ing their headquarters overseas, large- back to 2014, but let’s all remember we have a contested election in Novem- ly because of our outdated tax system. that companies then were announcing
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.019 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5743 left and right their plans to invert or country a more attractive place for Everything Americans care about move their headquarters overseas, but businesses to headquarter, invest, and and depend on is on the line, starting since our 2017 Trump tax reform, I create jobs. first and foremost with their haven’t heard of any companies with Now, if the former Vice President healthcare. President Trump has al- inversion plans. Quite the opposite, succeeds in his plans, it will not just be ready declared that whoever his nomi- companies have called off inversions our businesses that will bear the brunt. nee is, his nominee to the Court will and even brought back operations to The Joint Committee on Taxation vote to ‘‘terminate’’ the Affordable this country, and they are citing our and Congressional Budget Office have Care Act and reverse Roe v. Wade. tax reform as the main reason for both concluded that 25 percent of the The Trump administration is closer doing it. So why would Mr. Biden want corporate tax is borne by workers. So than ever to tearing healthcare away to undo that? workers will be hurt. They will feel the from millions of people by overturning Even more curious is that Mr. burden of the Biden plan thorough the law that gave it to them in the Biden’s own talking points suggest fewer jobs, through reduced wages, and first place. It is especially outrageous that he supports a number of our tax through less benefits. to see the administration threaten the reform policies in that 2017 bill. Above all, the Biden tax plan ignores healthcare of millions of Americans at Kimberly Clausing, who reportedly the reality of today. We are trying to this perilous moment in our history— advises Mr. Biden on tax policy, has see our way out of the global pandemic. with nothing, by the way, to replace it. said the Tax Cuts and Jobs Act ‘‘should Undoing the progress that we have Since the passage of the Affordable be commended for providing some lim- made through tax reform, especially Care Act, they have said they have a its on tax avoidance through the GILTI now, is certainly not a prescription for better plan. Well, now 11 years later or and the BEAT.’’ economic recovery and growth. so, maybe almost 12 years, we have yet What is more, Ms. Clausing has esti- What is more, the Vice President’s to see what that plan is. mated the new rules under the 2017 tax plan will do nothing to speed the We are in the midst of a deadly, once- bill will result in a 20-percent decrease progress that we made reducing unem- in-a-century pandemic. A staggering in shifting profits overseas. ployment since the height of the pan- 200,000 Americans—fathers and moth- That is consistent with the Joint demic. Instead, it will do just the oppo- ers, sisters and brothers, dear friends Committee on Taxation’s macro- site, work against it. and beloved grandparents—are gone The Biden tax increases wouldn’t be economic estimate in 2017 that found forever. Meanwhile, millions of people good policy in the best of conditions, that tax reform would reduce profit nationwide are infected with the but they are certainly bad policy right shifting and increase the U.S. tax base. coronavirus. To this day, many sur- now because of the economic hardship Nevertheless, Mr. Biden wants to vivors of COVID–19 are grappling with double down on increasing taxes on caused by the pandemic. If Mr. Biden really wants to keep liv- lasting healthcare challenges, from U.S. businesses and, in fact, undo the chronic shortness of breath to lifelong progress that we have seen since tax ing in the Obama era, he should recall President Obama’s sound advice on tax scar tissue in their lungs. reform in 2017. We are still learning about the long- In addition to higher taxes on domes- policy during a crisis, the financial cri- term health impacts of contracting tic earnings, he also wants to increase sis of 2009 and 2010, when President COVID–19, but here is one thing we do the rate on U.S. companies’ foreign Obama said this: ‘‘The last thing you know: Every single one of these sur- earnings to 21 percent. That is almost want to do is raise taxes in the middle vivors now has a preexisting condition double the 12.5-percent rate that the of a recession.’’ that makes them vulnerable to insur- OECD is targeting for its global min- That is something we should all be ance company discrimination without imum tax. able to agree upon. the protections guaranteed by the Af- I guess the former Vice President I yield the floor. fordable Care Act. That is in addition wants to ensure that no country can The PRESIDING OFFICER. The Sen- to the estimated 135 million Americans top the United States when it comes to ator from Arkansas. who already live with common pre- the highest tax rates possible. (The remarks of Mr. COTTON per- And that is not all. Mr. Biden pro- taining to the introduction of S. 4648 existing conditions like chronic asth- poses an additional 10-percent penalty are printed in today’s RECORD under ma, diabetes, and high blood pressure, on goods and services imported by U.S. ‘‘Statements on Introduced Bills and to mention a few. companies from foreign affiliates. Joint Resolutions.’’) Remember what it was like before Now, even the Washington Post edi- Mr. COTTON. I yield the floor. the Affordable Care Act? A health in- torial board noted earlier this month The PRESIDING OFFICER. The Sen- surance company could refuse to cover that Vice President Biden’s policy sim- ator from New Jersey. you or provide your care or even kick ply ignores the reality of global supply SUPREME COURT NOMINATIONS you off your plan due to your medical chains. Mr. MENENDEZ. Madam President, history. A child born at birth with a Do we, in fact, really want to encour- our Nation has suffered a historic loss birth defect couldn’t get health insur- age foreign countries to tax goods and in the passing of legal giant Justice ance. The husband who had a heart at- services imported from the United Ruth Bader Ginsburg, and I fear the tack couldn’t get health insurance. A States? That could be a slippery slope. rush to replace her with just 44 days woman with cervical cancer couldn’t The truth is, Mr. Biden is trying to left before the next Presidential elec- get health insurance afterward—a pre- fix problems from the last administra- tion will have grave consequences for existing condition. We don’t want to go tion. Republicans already met that the lives of millions of Americans. back to those days, but that is exactly challenge, and tax reform of 2017 is As tempting as it is, I am not here to where the Trump administration will working. talk about the stunning hypocrisy of take us should they prevail at the Su- Data from the Bureau of Economic my Republican colleagues who once op- preme Court, as this case is pending be- Analysis clearly shows that tax reform posed filling any Supreme Court va- fore the Supreme Court. stemmed the flood of offshoring, while cancy during a Presidential election Now, despite what they say, the Re- encouraging U.S. companies to invest year now changing the reasons for publican mission has been clear for a right here in the United States. doing so like a willow in the wind. decade: to kill the Affordable Care Act, In fact, among U.S. multinationals, Well, make no mistake, their willing- to strip away healthcare from millions employment investment, research, and ness to abandon their word in the of Americans, all the while lying about production in the United States has in- naked pursuit of power and deny the how they will protect individuals with creased at a faster rate in 2018 than the American people a voice in this process preexisting conditions. It is shameless. average rate over the past 20 years— is truly stunning. Today, I want to talk Just as dangerous is the prospect of a faster than the growth rate of U.S. about the consequences of their hypoc- Supreme Court that will overturn Roe multinational companies that are risy, not for our process here in the v. Wade and roll back the reproductive abroad. Senate but, rather, for the lives and rights of women. That is what is at Of course, there is more work to be livelihoods of millions of families stake with this Supreme Court seat— done. But tax reform has made this across this Nation. the basic principle that women have a
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.021 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5744 CONGRESSIONAL RECORD — SENATE September 22, 2020 right to make their own private med- She famously observed that many of Our country just reached the grim ical decisions. The American people the laws on the books that pretended total of 200,000 Americans dead from overwhelmingly believe that women, to put women on a pedestal actually COVID–19. More Americans have died not the government, should be allowed put them in cages, and then she pro- from COVID–19 than in any other coun- to decide when they have children. ceeded to bring cases to strike down try on the planet, and a big share of There is no question that the right to those discriminatory walls. She trans- those dead are the direct result of choose is inseparable from the past formed America’s legal landscape, es- President Trump’s calculated indiffer- half-century of progress achieved for pecially in the area of gender equality, ence—what he describes as women’s equality in the United States. and that was before she was even ap- ‘‘downplaying’’ the threat. Well, It is that progress that Justice Ruth pointed and confirmed to the Supreme downplaying a known threat led to in- Bader Ginsburg devoted her entire Court. action, and inaction led to thousands life’s work to advancing—the right to On the Supreme Court, with intel- more Americans dying than would have pursue their own destinies with full ligence and persuasion, she was often been the case. That inaction has led to equality under the law. able to bring others to her point of far more economic pain and fallout It is not just healthcare that is on view, and when she couldn’t, she could from COVID–19 than had to be the case. the line; it is our voting rights, our write a stinging dissent, which she We wouldn’t have all of these schools civil rights, workers’ rights, immigrant viewed as a conversation with the fu- closed right now if the President had rights, and LGBTQ rights as well. More ture. She had optimism in our Nation’s taken more rapid action and if we had than that, it is the right of the Amer- pursuit of justice—that her dissents comprehensive universal and rapid ican people to see their elected rep- would be vindicated in time, and I dare testing. But here we are because resentatives enact the kinds of policies say that they already have in so many Trump wanted to ‘‘downplay’’ the they support, like bold action on cli- cases, including her dissent in the vot- threat. mate change without corporate-backed ing rights case with the reprehensible The President has opposed the Heroes challenges at the Supreme Court 2013 decision where, on a 5-to-4 vote, Act, which passed the House of Rep- undoing their wishes. the Supreme Court took a bite out of resentatives, and there is still no vote A Supreme Court nominee has never the Voting Rights Act. She predicted here in the Senate on that important been confirmed this close to a Presi- that as soon as that happened, many of legislation to help a country in need— dential election. Americans are already the States that had been subject to the so no vote on that. But, my goodness, voting as we speak. Should my col- preclearance provisions would begin to they just couldn’t wait to announce, leagues in the majority abandon all put up barriers to voting, and that is within 1 hour of the Justice’s passing their prior commitments and deny the exactly what happened. away, that this Senate would vote on American people the opportunity to Speaking of the future, her deathbed Trump’s Supreme Court nomination. make their voices heard, I fear we wish communicated to her grand- That is despite what Majority Leader could do lasting damage to the legit- daughter—her most fervent wish—was MCCONNELL said in 2016. When Justice imacy of the Supreme Court. that she not be replaced until a new Scalia passed away and President This is an institution that rests on President is installed, whoever that Obama nominated Merrick Garland to the trust and reverence of the Amer- President may be. fill the seat, you heard Senator MCCON- ican people. Losing that trust and rev- She died last Friday on Rosh Hasha- NELL and many Republicans say: Can’t erence is dangerous. It is dangerous. It nah. It was a moment when the coun- do it. We are in the middle of an elec- is dangerous for millions of people who try needed to come together to cele- will lose the Affordable Care Act’s pro- tion year. brate her life and honor her legacy, and In fact, the majority leader went so tections. It is dangerous for women that is what so many people did around far as to instruct his Republican Mem- who could lose their right to choose the country. We saw an outpouring of bers not even to meet with Merrick and all of us who do not want to turn support from coast to coast, north to Garland. They didn’t even have a hear- back a half-century of progress. It is south, east to west. We saw large ing for Merrick Garland. The majority dangerous for our economy at a time crowds gathering at the Supreme when American workers and consumers leader and so many Republican Sen- Court. But here in the U.S. Senate, the find themselves at the mercy of cor- ators said: Oh, we can’t do that because majority leader didn’t have the de- porations that have grown larger and primary voting has begun in this 2016 cency to even provide a respectful more powerful than at any other time Presidential election year. Primary pause, a respectful timeout to honor since the Gilded Age. It is dangerous voting has begun. It is underway. It is that legacy. Just over 1 hour after her for the future of our planet and safety important to let the American people death was announced, he put out a of our climate at a time when the West weigh in on the Presidential election statement announcing his power play— is burning, seas are rising, and the and then allow whoever wins that Pres- Earth is warming faster than ever be- a statement saying that President idential election to make their nomi- fore. Quite frankly, it is dangerous for Trump’s nominee, whoever it may be nation to the Supreme Court. our democracy. to replace her, would get a vote. The That is what we heard from Senator We owe the American people a voice majority leader rushed to do that de- MCCONNELL and so many of our Repub- and a decision that will shape the spite taking the opposite position in lican Senate colleagues back in 2016— course of history for generations. We March of 2016 when Justice Scalia that democracy required that the peo- owe the memory of Ruth Bader Gins- passed away and President Obama ple’s will be heard in the Presidential burg and her seat on the Supreme nominated Merrick Garland. election year. Court more than just another political The majority leader rushed to com- Well, it turns out that all of that was power grab. mit to that vote on President Trump’s just a pure political ploy; that we are With that, I yield the floor. nominee even though, in the middle of going to see one set of rules for Demo- The PRESIDING OFFICER. The Sen- this COVID–19 pandemic, we have not cratic Presidents like Barack Obama ator from Maryland. even had a chance to vote here in the and another set of rules from the Re- Mr. VAN HOLLEN. Madam Presi- Senate on the Heroes Act, which passed publican majority for Republican dent, last Friday, our country lost a the House of Representatives over 4 Presidents like Donald Trump. The dis- trailblazer for equality, a moral giant, months ago, providing emergency com- honesty and rank hypocrisy is obscene, and a lover of justice—the great Jus- prehensive relief to families and work- and the American people, regardless of tice Ruth Bader Ginsburg, affection- ers and small and medium-sized busi- party, see it for what it is. ately known as RBG. While physically nesses that are hurting from this pan- But as bad as the hypocrisy and the small, she had a towering impact on demic. We haven’t had a vote on that dishonesty is, this is about even more American jurisprudence. While the vol- in 4 months. Yet, within 1 hour of Jus- than that. In fact, it is about much ume of her voice was not high, her tice Ginsburg’s death, the Republican more than that. It is about the future words carried farther and had a greater leader announced: ‘‘We will have a direction of our country and the direc- impact than the louder voices that vote’’ on President Trump’s Supreme tion of justice in our Nation. It is were often around her. Court nominee. about whether we have a Supreme
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.022 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5745 Court that truly stands for equal jus- November 10, 1 week—1 week—after the a Supreme Court nominee to strike tice under law, as Justice Ginsburg did. November 3 election. down the Affordable Care Act, to do It is about whether we will protect So we see the power play here: Jam through the courts what they were un- women’s rights, as Justice Ginsburg through a Supreme Court nominee. Put successful doing here on the Senate did throughout her career before and them on the Court in time for that floor in the summer of 2017. after being on the Supreme Court. hearing so they can hear the case and Let’s recognize the consequences of We know where President Trump be part of overturning it. this abuse of power and the impact and stands on that. We know he was asked Make no mistake, President Trump harm it will do to the American people. during his Presidential campaign on has pledged to appoint a Supreme Let’s take the advice and dying wish of national television about a woman’s Court Justice who will knock down the Justice Ginsburg: Allow the American right to reproductive freedom. He said Affordable Care Act. We don’t know people to speak on November 3 and that women who would choose to have who it is going to be, but we know it is then allow whoever is sworn in on in- an abortion should be punished—should going to be somebody who the Presi- auguration day in January to put for- be punished. And he has said that he dent believes will strike down the Af- ward a nominee to be considered by the will appoint a Justice who will make fordable Care Act. U.S. Senate. sure that is what happens. That is what How do we know that? Here is what Thank you. he said. Candidate Trump said: ‘‘If I win the I yield the floor. We are going to see a Justice who presidency, my judicial appointments The PRESIDING OFFICER (Mr. CAS- wants to strike down workers’ rights will do the right thing unlike Bush’s SIDY). The Senator from Mississippi. and protections, and we are going to appointee John Roberts on UNANIMOUS CONSENT REQUEST—S. 3072 see a Justice who wants to destroy the ObamaCare.’’ That is Candidate Trump Mrs. HYDE-SMITH. Mr. President, in Affordable Care Act. in June of 2015. a few moments, I will ask unanimous The Affordable Care Act provides im- Here is what Candidate Trump said consent for the Senate to take up and portant protections to the American on another occasion: pass legislation I have introduced to people during ordinary times. It is es- I’m disappointed in [Justice] Roberts be- protect women from harm and to pro- pecially important now, as we face this cause he gave us ObamaCare. He had two tect their health. COVID–19 pandemic. We know it has chances to end ObamaCare. He could have This is such an important issue to me been the goal of President Trump and ended it by every single measure and he as a Senator, as a woman, and as a Republicans for years to destroy and didn’t do it, so [it is] disappointing. mother. I am pleased several of my overturn the Affordable Care Act. After He says this on numerous occasions— Senate colleagues have joined me on all, I think many of us remember being numerous occasions. the floor to discuss this important right here on the Senate floor in the He also tweeted out that in 2012, he issue, and I look forward to hearing summer of 2017. The Speaker of the supported—this is 2012 when now-Sen- their remarks as well. House, Paul Ryan, and a majority of ator ROMNEY was running for Presi- Twenty years ago this month, the Republicans in the House at that time dent. Donald Trump tweeted out then: Food and Drug Administration ap- had passed a law to overturn the Af- I am 100 percent supporting MITT ROM- proved, for the very first time, the fordable Care Act. President Trump NEY’s position that we need a Justice abortion pill known as mifepristone. It was itching to sign it. But here in the on the Court to strike down did so under the immense pressure Senate, we defeated that effort by one ObamaCare. from the Clinton administration and vote—one vote in the U.S. Senate. So nobody should be playing any its pro-abortion allies. However, when Why did that happen at the time? A games. The President has told us he is the FDA approved this drug, it recog- lot of people thought it was a forgone going to nominate somebody to strike nized the serious risk of complications conclusion that this Republican major- down the Affordable Care Act. That and life-threatening side effects that ity Senate would vote to strike down hearing is scheduled 1 week after the can be caused by this drug. Because of the Affordable Care Act. It is because November 3 election. the risk of harm, and even death, the the American people rose up and said: All of those issues are at stake right FDA put in place certain rules to pro- Hell no. People with diabetes, cancer, now. It appears that we have enough tect the health of women. These rules heart disease, and other preexisting Republican Senators who have said are known as risk, evaluation, and health conditions, and so many other that we will proceed to consider the mitigation strategies—or REMS for Americans said: Do you know what? nomination. They have abandoned the short—because they work to mitigate This isn’t a partisan issue. It is not a position that MITCH MCCONNELL, the the risks posed by this drug to women. partisan issue if I have cancer or diabe- Republican leader, and so many Sen- These commonsense rules require a tes or asthma or other preexisting con- ators took in 2016 with Barack woman to see a doctor to get the drug, ditions. Don’t take it away. Obama—President Obama—when they to be fully informed of the potential Guess what. COVID–19 is not a par- refused to provide a hearing. So we are side effects and how she can seek fol- tisan disease either. It will strike peo- going to proceed. But let’s remember lowup treatment for those life-threat- ple, of course, regardless of political the President has pledged that he will ening side effects, and to offer her in- party. nominate somebody who will get rid of formed consent before being prescribed So the American people got to the the Affordable Care Act and who will the drug. phones, got to social media, occupied strike down a woman’s right to choose. These simple, commonsense rules people’s offices, and they said: Hell no. That is what the President has said. have been in place to protect the And by one vote, we protected the Af- Just as the American people began to health of women for over 20 years. Rec- fordable Care Act here in the U.S. Sen- get to the phones and on social media ognizing their importance, I introduced ate. and to contact their Senators in the the SAVE Moms and Babies Act last That should have been the end of the summer of 2017 when healthcare was at year to codify these rules into law to story, but it wasn’t because what Re- risk, when the Affordable Care Act was make sure they remain in place to pro- publicans could not do through the at risk, we need to make sure that the tect women from these serious side ef- democratic process here in the U.S. word gets out again. Back in 2017, we fects. However, pro-abortion forces op- Senate, they decided to take to the stopped that from happening by one pose even these basic protections for courts. President Trump and his Attor- vote in the U.S. Senate because the women’s health and have been working ney General Barr are in court right American people understood what was to undermine them, putting women at now, trying to do there what they at stake. serious risk. could not succeed in doing here in the Here we are now, in a global pan- This summer, a judge in Maryland U.S. Senate—trying to destroy and demic. Instead of focusing on the pain issued a nationwide injunction can- overturn the Affordable Care Act. the American people are feeling at the celing these REMS rules for the entire Guess when the Supreme Court hear- moment, instead of allowing us to vote country. We knew this was coming. ing on that Affordable Care Act case is on the Heroes Act, we have this Repub- Back in April, I led 150 Members of scheduled to take place: November 10— lican majority trying to power through Congress, including 38 Members of this
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.024 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5746 CONGRESSIONAL RECORD — SENATE September 22, 2020 body, in warning the FDA about this ibuprofen are enough for a quick recov- That is why we ought to support the issue, and now pro-abortion advocates ery to get the mother back on her feet, bill put forward by my friend and col- have found one activist judge to rule in but, on average, the miscarriage lasts league Senator HYDE-SMITH. The SAVE their favor, putting women’s health at between 9 and 16 days and can last for Moms and Babies Act would prohibit risk in the middle of a pandemic. as long as 30 days. Thirty days—that is the FDA from approving new abortion Even with the REMS rules in place to a long time. drugs, from loosening any regulations protect women’s health, a substantial Most of the time these abortions are that exist on already approved abor- number of women end up needing life- done at home. The mother is left to tion drugs, and from dispensing abor- saving surgery or blood transfusions suffer alone, without care or medical tion drugs remotely or through the following chemical abortion. Sadly, attention, without supervision from a mail. some women have even died from these doctor or a nurse, and often without The purpose of healthcare is to heal, dangerous drugs. any followup whatsoever until 7 to 14 to preserve, and to protect human life. Make no mistake, no protections days later, if ever, keeping in mind A chemical abortion happens in the mean more adverse events for women. that many of them don’t get any fol- first trimester of life, up to about the These protections ensure that a doctor lowup care at all. tenth week of pregnancy, when an un- could examine the woman to see if she The result? Well, women have suf- born baby already has a beating heart, has an ectopic pregnancy or is RH neg- fered tragic, gruesome, and horrific ex- when an unborn baby already has a ative. These conditions can seriously periences using the abortion pill. It has growing brain, and when the growing increase the risk of harm to a woman caused nearly 4,200 adverse medical baby already has 10 fingers and 10 toes. taking this drug. events, including more than 1,000 hos- She deserves a shot at life, at the be- No REMS protections means at-home pitalizations and nearly 600 instances ginning of life, at the front door, and abortion without medical oversight, of blood loss requiring transfusions. she deserves to not have it taken away putting women at risk of bleeding out Some women have even died. The and, literally, flushed down the drain. and dying alone without a doctor to FDA has reported 24 maternal deaths Mothers deserve the utmost care, pro- help her. No REMS protections mean from the abortion pill just since its ap- tection, and support as they nurture that every State health and safety law proval in 2000, and those are just the the human life inside of them, not med- that protects women from harm will be officially reported ones that we know ical harm and not medical neglect. at risk. No REMS protections mean of that have happened with the regula- Our healthcare system should protect mail-order abortion without physicians tions we currently have in place. Based and care for them both, and our laws providing the screenings recommended on the assumption that those regula- should uphold the immeasurable dig- by the doctors and scientists at the tions are in place, that is still a really nity and worth of both. This bill is a FDA. high rate at which they die. step in the right direction, and I im- That is why it is more important Some women need corrective surgery plore all of my colleagues to support than ever to pass my bill, the SAVE after taking the abortion pill and oth- this legislation. Moms and Babies Act, to codify into ers require lifesaving procedures. And, The PRESIDING OFFICER (Mrs. law the important FDA REMS rules somehow, we call this healthcare. This HYDE-SMITH). The Senator from Lou- that protect women from the dangers is not like popping a Tylenol. This two- isiana. inherent in mail-order, do-it-yourself step abortion cocktail poses severe Mr. CASSIDY. Madam President, I chemical abortions. risks to women, not even to mention thank the Presiding Officer, Senator The PRESIDING OFFICER. The Sen- their unborn babies. HYDE-SMITH, and Senator LEE for orga- ator from Utah. In fact, abortion pills are one of only nizing this colloquy and participating Mr. LEE. Mr. President, an abortion a few medications that require what is in it in support of the Support and is always tragic, as it involves the tak- known as a risk evaluation and man- Value Expectant Moms and Babies Act. ing of an innocent human life, one that agement strategy, a drug safety pro- I love that title: Support and Value Ex- has yet to draw its first breath or com- gram that the FDA requires for medi- pectant Moms. Isn’t that great? We mit its first sin. In the case of a chem- cations with serious risks. Yet some should. ical abortion, it sometimes takes two are pushing to further expand access to I am a doctor—not an obstetrician, lives: that of the baby and that of the these drugs and even further loosen the but, nonetheless, I have delivered ba- mother. regulations around them. bies. As a doctor, my mission was to Advocates for this procedure will say Some activists are even pushing for save lives—I don’t practice anymore; I that it is simple, it is easy, it is con- access to the abortion pill by mail, use the past tense—and improve health venient, and it is safe. They claim that meaning that the patient would never outcomes for all patients. it is a good and valuable form of even have to be seen in person by any We are here talking about chemical ‘‘healthcare’’ for women, but nothing medical professional at all—not a med- abortions. Chemical abortions don’t do could be further from the truth. The ical clinic, not a doctor, not a nurse— any of that. The health risks can be se- grim and gruesome reality is that this nothing in person. vere, obviously, for the unborn child barbaric practice wreaks havoc on The standards of care surrounding but also, potentially, for the mom, and, women’s bodies and destroys the tiny this practice are already reckless, they particularly, when the mother has this bodies growing within them. are already harmful, and they are al- without supervision by a healthcare So just how does this procedure ready causing misery, injury, suffering, provider. work? The details are not pleasant. and death. In fact, they are unaccept- The total absence of medical support First, the mother is given a pill that able standards of care for women and is the total absence of care, and using blocks progesterone. This, of course, is for babies. The last thing we should be potentially dangerous chemicals with- a hormone that is necessary for preg- doing is making them even worse, out medical support can lead to the ab- nancy, and it breaks down the lining of making them even more vulnerable sence of health. If Americans care her uterus. Without progesterone, you than they already are. about a woman’s health, they should be see, the baby, whose heart is already So setting aside for a minute how concerned when such procedures are al- beating, is starved to death and dies in you feel about other issues related to lowed. her mother’s womb. unborn human life in this area, let’s Yet chemical abortions are on the Then, 24 to 48 hours later, the mother just talk about this issue for a mo- rise. I am told that in 2017 they rep- is given a second pill, one that empties ment. Let’s just talk about whether resented nearly 40 percent of all abor- her uterus by causing severe contrac- this issue is really one that we want to tions. Due to a recent court case, tions and bleeding, mimicking early expand, where we increase the amount women can begin to receive these miscarriage. It can last anywhere from of misery, the amount of suffering, and through the mail, prescribed without a few hours to a few weeks. the amount of carnage that would even receiving a physical exam. Planned Parenthood will try to gloss occur as a result of more people gain- Now, the mom who selects that may over the truth here, as elsewhere, ing access to this deeply flawed, very not know the potential consequences, claiming that a hot shower and some dangerous form of so-called healthcare. but, as a physician, I do. The potential
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.026 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5747 complications include, for example, if approved mifepristone nearly 20 years their work. We have seen his officials the mother has what is called an ec- ago, and leading medical organizations meddle with key scientific reports and topic pregnancy, where the unborn have made clear that restrictions on it apply pressure to promote unproven child and the placenta are not in the like those that are in this bill are not treatments. And we know this inter- womb but are outside of the womb. If based on evidence or patients’ best in- ference can damage public confidence that occurs and these pills are taken— terests. This bill is not about science in the science-based guidance our ex- the pill known as Mifeprex, RU486—it or healthcare or what is best for perts issue to help save lives and in can cause that pregnancy to rupture, women across the Nation. It is about their efforts to evaluate a vaccine and and instead of the bleeding coming out ideology and Republicans wanting to make sure it is safe and effective. We as the child would, through the vagina, do every single thing they can to chip just can’t let that happen. it means that internal bleeding occurs, away at the right to a safe, legal abor- This reckless interference didn’t which can result in the mother’s death. tion. start yesterday, and it is clear it is not Chemical abortions have four times Not on my watch. This is far from going to stop tomorrow. So I believe the complications that surgical abor- the only Republican effort to ignore Congress needs to take action to make tions do in the first trimester, and as the science and the medical profes- it stop. many as 6 percent of women taking sionals and overrule the personal deci- The STOP Act would do just that by these abortion drugs require surgery to sions of patients across the country. providing much needed transparency complete the abortion—potentially At this very moment, they are gear- and accountability. Given how many painful and life-threatening and, of ing up to jam through President Republicans have said we need to be course, horrific for the unborn child. Trump’s Supreme Court nominee and listening to the experts and following The American College of Obstetri- strike down Roe v. Wade. But as sure the science, this bill should not be con- cians and Gynecologists has stated as I am standing here today to oppose troversial. It should be common sense. that ‘‘compared with surgical abortion, this effort to restrict women’s repro- medical abortion takes longer to com- Mr. President, as in legislative ses- ductive rights, you can bet I will be sion, I ask unanimous consent that the plete, requires more active patient par- standing with women and men across ticipation, and is associated with high- Health, Education, Labor, and Pen- the country to oppose that one too. sions Committee be discharged from er reported rates of bleeding and I will offer legislation in a moment cramping.’’ further consideration of S. 4638, and that actually does work to protect and the Senate proceed to its immediate The bill we are discussing today, the help women and families in a moment, SAVE Moms and Babies Act, or the consideration. I ask unanimous con- but for now, on this request, I object. sent that the bill be considered read a Support and Value Expectant Moms The PRESIDING OFFICER. Objec- and Babies Act, takes substantive steps third time and passed and the motion tion is heard. to reconsider be considered made and to protect the health of women and the The Senator from Washington. laid upon the table. unborn child. The bill prevents ap- UNANIMOUS CONSENT REQUEST—S. 4638 proval of new abortion drugs by the The PRESIDING OFFICER. Is there Mrs. MURRAY. Mr. President, we are objection? FDA, keeps the risk evaluation and in the middle of a pandemic. Two hun- Mrs. HYDE-SMITH. I object. mitigation strategy, or REMS, pro- dred thousand people have died, mil- tocol, and curtails abortion pills from lions more have been infected, and this The PRESIDING OFFICER. Objec- being dispensed by mail or through crisis is nowhere close to being over. tion is heard. telemedicine. But are Republicans are offering solu- Mrs. HYDE-SMITH. Mr. President, I introduced the Teleabortion Pre- tions? Not even close. reserving the right to object, I am dis- vention Act of 2020 in February, which We need to be prioritizing science. appointed but can’t say I am surprised requires a doctor to physically examine Instead, they are offering a bill that that the Senators on the other side of a pregnant mom before prescribing any prioritizes partisan ideology. We need the aisle have objected to the SAVE abortion-related drugs and requires a to be making it easier for people to get Moms and Babies Act. The Democrats followup appointment. We actually the care they need. Instead, they are have shown time and again that they want women to receive healthcare, by offering a bill with the sole purpose of would rather put the profits of the healthcare providers who care about putting up unnecessary barriers to abortion industry over protecting their health. care. And not only are they wasting women. That is what is happening If Senators in this body really care time on their partisan war against again today. about women’s health, they should join abortion with this bill—which they Make no mistake, the Democrats are with us to stop these do-it-yourself know is a nonstarter—they are pre- trying to change to another bill be- abortions. Preventing abortion pro- paring to jam through a Supreme cause they want to distract you from tects unborn babies, but preventing Court nominee who would make things what my bill is about. My bill is about chemical abortions protects women. protecting women from dangerous at- Let’s work together to protect even worse. They are fighting to not just over- home abortions without a physician in- women by passing the SAVE Moms and volved whatsoever. That is what my Babies Act to forever end dangerous turn Roe v. Wade but to strike down healthcare for tens of millions of peo- bill does—ensure women have to see a chemical abortions. doctor to get this drug, ensure the doc- I yield the floor. ple and strike down protections for tor can examine her to see if she has The PRESIDING OFFICER. (Mr. CAS- people with preexisting conditions and any conditions that might make her at SIDY). The Senator from Mississippi. to send healthcare costs sky- Mrs. HYDE-SMITH. Mr. President, as rocketing—all during a pandemic. higher risk for complications, make if in legislative session, I ask unani- I can’t believe I have to say this, but sure she is fully informed and consents mous consent that the Health, Edu- we need to be taking steps to make that she is not coerced. cation, Labor, and Pensions Committee this crisis better, not worse, which is Democrats objecting to this shows be discharged from further consider- why I am going to offer a unanimous you how far to the left the Democratic ation of S. 3072 and the Senate proceed consent request that the Senate pro- Party is on abortion. Passing my bill to its immediate consideration. I ask ceed to S. 4638—the Science and Trans- should be a no-brainer. The REMS unanimous consent that the bill be parency Over Politics Act, which Sen- rules were put into place by a Demo- considered read a third time and passed ator SCHUMER and myself and 32 other cratic FDA to protect women. They and that the motion to reconsider be Democrats introduced today. have been in effect for 20 years, until considered made and laid upon the Unfortunately, we have seen the the judge in Maryland fell for some far- table. Trump administration repeatedly take fetched arguments from abortion advo- The PRESIDING OFFICER. Is there dangerous steps to undermine and cates. objection? overrule the experts at our Nation’s The FDA and HHS implement gov- The Senator from Washington. public agencies. We have seen the ernment health and safety regulations Mrs. MURRAY. Mr. President, re- President spread lies and misinforma- to protect patients and ensure that serving the right to object. The FDA tion and conspiracy theories about doctors are doing their job, to make
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.027 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5748 CONGRESSIONAL RECORD — SENATE September 22, 2020 sure that drugs are safe and that pa- know my own view, and I know the I don’t understand the Senator from tients are not harmed. That is why we views taken by many of my Demo- Washington to be making a federalism have an FDA and why we have an HHS. cratic colleagues. But it is important argument. If she wants to have that I agree with the Senator from Wash- to point out here what we are talking conversation, I would love to have that ington State that FDA and HHS should about and what we are not talking with her. That would be fantastic. In do this work based on scientific evi- about. fact, I would love to raise federalism dence. That is exactly what happened One of the first arguments that we concerns anytime we are discussing in 2000 when the Clinton administra- heard today from the Senator from anything because it is far too seldom tion and FDA scientists looked at the Washington related to Roe v. Wade. invoked here. evidence and decided these REMS rules And as long as we are on the topic of But that is not what this is about. were needed to protect women from the imputing to another person improper What that argument was about was in- dangers of this abortion drug. motives or motives not apparent on the stead that the Senator from Mississippi Usually, Democrats support science- face of a piece of legislation, if one is supposedly is trying to overturn Roe v. based health protections but not when going to impute to the Senator from Wade. And it couldn’t possibly be the it comes to abortion. When it comes to Mississippi the intention of undoing a fact that she is there genuinely con- abortion, they are in the pocket of the Supreme Court precedent, I would like cerned about the thousands upon thou- abortion lobby and would rather play to point out that is manifestly not sands of injuries that have been sus- politics rather than protect women’s within the scope of this legislation, nor tained as a result of this barbaric form health. is it the place of any Senator to pur- of so-called medical treatment. It can’t We can’t let Senate Democrats port to know the subjective motivation possibly be that. change the subject by trying to bring behind Senator HYDE-SMITH’s legisla- If that is the case, if those who were up another bill that is not related to tion here. so determined to make everything these REMS protections whatsoever. I am not going to purport to know about Roe v. Wade—if they are right We can’t let them try to change the the reason why she said that. I just and if they were to have their way, subject from women’s health to their want to point out, that is not the point then I guess we can’t discuss anything latest conspiracy theory about the of this bill. This bill has nothing do even related to women’s health that af- President. Therefore, I object. with Roe v. Wade. You can feel how- fects pregnancy. The PRESIDING OFFICER. The ob- ever you want about Roe v. Wade. This Surely, that is not the argument. jection is heard. isn’t it. I know that is a convenient ex- That can’t be the argument. I don’t I do ask, invoking rule XIX, that no cuse to not have to deal with some- think anyone, regardless of how they Senator in debate shall, directly or in- thing—something real, something that feel about Roe V. Wade, regardless of directly, by any form of words impute has to do with the lives and the health how they feel about government’s role to another Senator or to other Sen- and the well-being of women, to say in abortion or not, if what we are talk- ators any conduct or motive unworthy nothing about the unborn human lives ing about is the fact that we ought not or unbecoming a Senator. within them. loosen certain restrictions so as to The Senator from Washington. From those who would invoke allow people to gain access to an abor- Mrs. MURRAY. Mr. President, it is science in opposing this bill, I would tion cocktail that is dangerous under disappointing that Republicans would ask, on what planet does science back many circumstances, especially when object to a bill that simply provides the idea we should remove the REMS it is administered without any kind of much needed accountability and sup- restrictions from this supposed so- direct medical supervision or atten- port for scientific decisionmaking. It is called form of healthcare—a form of tion, if that is where we are, that is not especially disappointing they would ob- healthcare that, as I mentioned a few good. That is messed up. Something is ject to it during a pandemic and while moments ago, has resulted in thou- terribly wrong if we can’t have a con- simultaneously pushing for an ideolog- sands upon thousands of complications versation about women’s health with- ical bill that would undermine pa- in the two decades it has been on the out being accused of wanting to undo tient’s care and reproductive rights. market? On what planet can one con- an entire line of precedent dating back Rest assured, the minority leader, tend that one can’t support this legis- to 1973. Senator SCHUMER, and I and the rest of lation without being opposed to Look, guilty as charged. I have my our Democratic caucus are not giving science? own views about that line of precedent. up, and we will continue to fight on be- Back to the Roe v. Wade question. If Those views are no secret. Those views half of women and families. every single time someone gets up to are well-founded as a matter of science. I yield the floor. The PRESIDING OFFICER. The Sen- try to present legislation—legislation They are well-founded as a matter of ator from Utah. that as far as I can tell, the Senator hundreds of years of American con- Mr. LEE. Mr. President, point of par- from Washington wasn’t claiming was stitutional law, of common law, but I liamentary inquiry: What was the outside of our legislative purview as understand they are not the only statement that prompted the admoni- Federal lawmakers—if every single views. tion under rule XIX? time someone gets up to try to raise le- You cannot simply walk in here and The PRESIDING OFFICER. Demo- gitimate questions of public policy re- say that because this addresses a type crats are in the pockets of the abortion garding the health, safety, and welfare of abortion procedure, because Roe v. industry. of the American people, of the Amer- Wade reached the conclusion that it The Senator from Utah. ican patient, of American women sub- did, anyone who proposes a piece of leg- Mr. LEE. Mr. President, I appreciate jected to very serious side effects from islation like the one proposed by Sen- the thoughtful discussion that we have a piece of legislation—if no one can ator HYDE-SMITH today necessarily has had today between my colleague from present legislation without being ac- as its object—that her subjective moti- Mississippi and my colleague from the cused of trying to undo a 1973 court de- vation behind filing that legislation is State of Washington. I also appreciate cision, which is, on its face, not even at the undoing of Roe v. Wade, and be- the thoughtful insight that the Sen- issue in this legislation, then we are cause that is her supposed subjective ator from Louisiana provided in his re- going to have a hard time carefully motivation, we can’t even have the marks. considering these things. conversation about what this does for I feel it necessary to address a couple Last I checked, it is our job to decide women’s health—to say: Let’s draw the of issues that were raised by my friend questions of public policy—questions line, and let’s not remove the REMS and distinguished colleague from the that are squarely within our Federal restrictions. Let’s not let people order State of Washington. There are dif- jurisdiction. One could argue, I sup- these through the mail and be adminis- ferences that Members have—dif- pose, about whether it was a good idea tered these dangerous drugs without ferences of opinion—when it comes to a to put exclusive jurisdiction over the direct medical supervision. wide variety of issues. regulation of pharmaceuticals in this The next line of reasoning used by When it comes to abortion, people country under the FDA. One could the Senator, my friend and distin- have different approaches they take. I make that argument. guished colleague from the State of
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.029 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5749 Washington, is that we are in the mid- safe to use and should be available on- Cornyn Inhofe Roberts dle of a global pandemic. Yes, we are, line without an in-person physician Cotton Jones Romney Cramer Kennedy Rounds but last I checked, that doesn’t prevent consultation, but here are the facts: Crapo Lankford Rubio or preclude us from discussing and ad- Between 3.4 and 5.9 percent of women Cruz Lee Sasse dressing other things, from the funding taking chemical abortion drugs require Daines Loeffler Scott (FL) Enzi Manchin of the government to Presidential surgical intervention to complete the Scott (SC) Ernst McConnell Shelby Fischer McSally nominees whom we confirm or don’t abortion. This meant 10,000 women in Sinema Gardner Moran confirm. That doesn’t preclude us or 2017 alone needed surgery after taking Thune Graham Murkowski Toomey excuse us from considering other pieces an abortion drug. Chemical abortion Grassley Paul of legislation. I am struggling to un- has four times the complications as Hawley Perdue Wicker derstand how the existence of a global surgical abortion during the first tri- Hoeven Portman Young pandemic means that we can’t even ad- mester. The risk of complications are Hyde-Smith Risch dress another type of epidemic—one particularly worsened in the case of an NAYS—41 brought about potentially as a result of ectopic pregnancy. Women with ec- Baldwin Gillibrand Reed the abusive prescription and reckless topic pregnancies have suffered serious Bennet Hassan Rosen misuse of abortion-inducing drug cock- injury and even death from taking Blumenthal Heinrich Schatz Booker Hirono tails. This is beyond my ability to un- chemical abortion drugs. Schumer Brown Kaine Shaheen derstand. I am disappointed this Chamber Cantwell King Smith It is also beyond my ability to under- could not come together today to sup- Cardin Klobuchar Tester stand how a simple requirement that Carper Leahy Udall port Senator HYDE-SMITH’s timely, Casey Markey Van Hollen before one of these drugs is adminis- needed, and important bill to protect Coons Menendez Warner tered, the patient should have at her Cortez Masto Merkley women’s health. Warren disposal a medical examination and I yield the floor. Duckworth Murphy Durbin Murray Whitehouse some kind of medical attention. Noth- The PRESIDING OFFICER. The Sen- Feinstein Peters Wyden ing about Roe v. Wade says that you ator from New York. NOT VOTING—7 can’t have laws restricting the manner Mrs. GILLIBRAND. Mr. President, I in which abortions are performed. Capito Sanders Tillis suggest the absence of a quorum. Harris Stabenow Nothing about Roe v. Wade says that a The PRESIDING OFFICER. The Johnson Sullivan State or Congress itself may not re- clerk will call the roll. The nomination was confirmed. quire that abortions be performed by The senior assistant legislative clerk CHANGE OF VOTE healthcare professionals under the su- proceeded to call the roll. Mr. HAWLEY. Madam President, on pervision of a board certified medical Mr. COTTON. Mr. President, I ask rollcall vote 189, I voted nay. It was my doctor. Nothing about Roe v. Wade car- unanimous consent that the order for intention to vote yea. Therefore, I ask ries any implication for this. This leg- the quorum call be rescinded. unanimous consent that I be permitted islation simply says: Let’s make sure The PRESIDING OFFICER. Without to change my vote since it will not af- that medications like this are not used objection, it is so ordered. fect the outcome. to harm American women. Mr. COTTON. I know of no further The PRESIDING OFFICER. Without I have other colleagues wishing to debate on this nomination. discuss this topic and other topics. Let objection, it is so ordered. The PRESIDING OFFICER. There me say this: Human life matters. Every (The foregoing tally has been being no further debate on the nomina- human life means something. You changed to reflect the above order.) tion, the question is, Will the Senate can’t snuff it out and pretend it doesn’t The PRESIDING OFFICER. The Sen- advise and consent to the Sonderling exist, because it does. Every life mat- ator from Kansas. nomination? ters to God. It matters in the universe. Mr. COTTON. Mr. President, I ask for f Whether you believe in God or not, life the yeas and nays. LEGISLATIVE SESSION matters. You can’t pretend it doesn’t The PRESIDING OFFICER. Is there a exist. Every life is unrepeatable, irre- sufficient second? placeable. We should vow to protect it. MORNING BUSINESS For those who aren’t interested in There appears to be a sufficient sec- protecting unborn human life, let’s at ond. Mr. MORAN. Madam President, I ask least focus on protecting the human The clerk will call the roll. unanimous consent that the Senate lives that we all agree exist. That is The senior assistant legislative clerk proceed to legislative session for a pe- what this legislation is about. Shame called the roll. riod of morning business, for debate on us if we can’t even do that. Mr. THUNE. The following Senators only, for 30 minutes, with Senators per- I yield the floor. are necessarily absent: the Senator mitted to speak for up to 10 minutes The PRESIDING OFFICER. The Sen- from West Virginia (Mrs. CAPITO), the each. ator from Indiana. Senator from Wisconsin (Mr. JOHNSON), The PRESIDING OFFICER. Is there Mr. BRAUN. Mr. President, I thank the Senator from Alaska (Mr. SUL- objection? my colleague Senator LEE for an im- LIVAN), and the Senator from North Without objection, it is so ordered. passioned and effective argument. Carolina (Mr. TILLIS). f I rise here today in support of my Further, if present and voting, the COMMANDER JOHN SCOTT HANNON colleague Senator HYDE-SMITH’s SAVE Senator from Wisconsin (Mr. JOHNSON) Moms and Babies Act, of which I am a would have voted yea. VETERANS MENTAL HEALTH IM- proud cosponsor. I am disappointed Mr. DURBIN. I announce that the PROVEMENT ACT that my colleagues would object to this Senator from California (Ms. HARRIS), Mr. MORAN. Madam President, I am bill to help safeguard and help expect- the Senator from Vermont (Mr. SAND- pleased to share with my colleagues in ant mothers. ERS), and the Senator from Michigan the Senate that we have reached an The SAVE Moms and Babies Act (Ms. STABENOW) are necessarily absent. agreement with the House to pass S. would improve women’s health by pro- The PRESIDING OFFICER (Ms. 785, the Commander John Scott tecting important safety mechanisms MCSALLY). Are there any other Sen- Hannon Veterans Mental Health Im- put into place by the FDA. The Risk ators in the Chamber desiring to vote? provement Act, and we expect the bill Evaluation and Mitigation Strategy is The result was announced—yeas 52, to pass the House of Representatives an essential mechanism which ensures nays 41, as follows: tomorrow. that drugs with serious safety concerns [Rollcall Vote No. 189 Ex.] This is a bill that passed—our most are used and prescribed correctly. YEAS—52 significant piece of legislation—from My Democratic colleagues and the the Senate Committee on Veterans’ Af- Alexander Blunt Burr abortion lobby may expect Americans Barrasso Boozman Cassidy fairs dealing with mental health and to believe chemical abortion pills are Blackburn Braun Collins suicide prevention. The bill came out
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.031 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5750 CONGRESSIONAL RECORD — SENATE September 22, 2020 of the committee unanimously and was this bill has not yet been cleared by just one little moment, it helped us approved by the Senate unanimously, the Senate minority. pause and contemplate two very impor- and we have been negotiating with Let me be clear: Countless veterans tant things. Chairman TAKANO and Ranking Mem- rely on these programs. Let me be First, we took time to think about ber ROE of the House Committee on clear: They expire at the end of the those values that our Founders knew. Veterans’ Affairs for its passage by the month. They knew that these values were es- House and with consideration by the From raising veterans out of home- sential to the establishment of a model Senate of other bills that the House lessness to making certain that republic. has and will send us. COVID–19 doesn’t disrupt a veteran’s Second, we remembered the progress I want to thank my colleague Sen- pursuit of higher education, to helping we have made in deciding for ourselves ator TESTER, the ranking member of rural veterans get their medical ap- how the passage of time changes or our committee, Chairman TAKANO, and pointments, the fiscal year 2021 VA ex- does not change what we can do to Dr. ROE, the ranking member of the tenders bill contains a wide variety of make that ‘‘more perfect Union’’ even House committee, for working expedi- extensions for programs that support a more so. tiously with me to reach an agreement multitude of veteran populations. Free speech, petition, and protest, to pass this comprehensive mental Additionally, we have requested con- the right to defend ourselves, the right health and suicide prevention bill for sent for several House-passed bills that to cast a vote—these are the freedoms America’s veterans. will improve mental health care for that unite us in times of turmoil, One veteran lost due to suicide is one veterans and increase annual veteran whether we find ourselves in the midst too many, and it is a national tragedy benefit rates to keep up with inflation. of all-out war or just a particularly that we continue to lose 20 veterans These are commonsense ideas that contentious election year. each day to suicide. have broad support and will make I would argue that how a nation re- I am glad that Congress has come to- meaningful differences in the lives of acts to that turmoil says more about gether to do our part to ensure this bill our veterans. These are items that its foundation than it does about who which will save lives. It needs to be would normally pass the Senate with- controls the news cycle on any given passed without delay and signed into out difficulty. day. law. Our veterans should not wait and Divisive voices are hard at work in This bill will establish a grant pro- should not need to wait. They can’t af- this country, and they are doing their gram and require the VA to better col- ford to wait for the Senate to act on very best to convince our friends, fami- laborate with community organiza- these matters. The deadline is quickly lies, and neighbors that our foundation tions across the country already serv- approaching. Our Nation’s veterans did is weak and that our founding prin- ing veterans. This provision was spe- not serve their country for partisan ciples are no longer good enough. I find cifically championed by my colleague reasons, and we must not let any par- that very sad. Senator BOOZMAN of Arkansas. tisan differences prevent us from au- They want us to believe that Amer- In addition, this legislation directs thorizing the programs to support ica as we know it is suddenly irredeem- the VA to embark on groundbreaking those veterans. able, that it just can’t be safe. research in the form of a precision I ask my Senate colleagues to fulfill You might ask yourself: Why are medicine initiative that will improve our collective duty regarding veterans they saying all of this in spite of hun- how mental health conditions are diag- programs and that we do not allow dreds of years and millions of Ameri- nosed and treated, expand VA tele- other issues to distract from that duty. cans proving the exact opposite is true? health capabilities to better serve rural I yield the floor. Here is what I think. They say it be- and Tribal veterans, bolster and expe- The PRESIDING OFFICER. The Sen- cause they want us to give up. They dite Federal research capabilities, in- ator from Tennessee. want our neighbors, our families, and crease accountability over the Depart- f our friends to give up, call it quits; our ment’s mental health and suicide pre- best days are behind us. We have all vention programs, and make necessary REMEMBERING JUSTICE RUTH heard them say this. They say: Throw improvements to the VA mental health BADER GINSBURG the Constitution in the trash. Rewrite workforce. Mrs. BLACKBURN. Madam Presi- it. Start over. And after you throw the While this legislation puts in place dent, this past weekend, we lost a Constitution in the trash, then let’s re- the critical care, services, and support brave and uncommonly fearless Amer- imagine the world’s greatest democ- that will save veterans’ lives, it is my ican. racy through our very own destructive hope that the bill will also serve as a Justice Ruth Bader Ginsburg rep- lenses of socialism, critical theory, and signal to our veterans, servicemem- resented many things to many people. political correctness. That is what they bers, and their families that they are For some, her work was the gold stand- say. never, never alone. ard of legal advocacy. For others, her As I am sure we have all seen, they I want to extend my gratitude to the arguments proved to be intellectual have come up with some fairly persua- President for his support of this bill, flashpoints, sparking opportunities to sive methods to try to get their way. and I ask him to sign this legislation think critically about what we believe But I believe that, in the end, these ef- as soon as it arrives on his desk. and why we believe it. But for each and forts will all be in vain because when f every one of us, she served as living push comes to shove, we, the American proof that the status quo is often much people, always manage to remember GOVERNMENT FUNDING more fragile than it appears. where we have come from and to re- Mr. MORAN. Madam President, we So today, I think I speak for so many member who we are. must take our duty to America’s vet- Tennesseans when I say we are thank- It is interesting. I think somehow we erans seriously, which is why the cir- ful beyond measure for that enduring Americans always find our way home, cumstances we find ourselves in today legacy and the standard that she set as back to those first principles. Indeed, I are extremely unfortunate. The exten- she broke barriers and crashed through pray that continues. sions for important VA programs for glass ceilings, opening opportunities Our Founders saw what tyranny real- the upcoming fiscal year—just 8 days for women. I hope that I am as effec- ly looked like. They saw it up close and away—are currently being held up from tive as she in increasing opportunities personal because they had to live being considered and passed in the Sen- for women each and every day. through it. They knew exactly—ex- ate. f actly—what would happen if they put This extension bill was negotiated in the fate of the Republic in the hands of earnest and the four corners of the AMERICAN UNITY men alone. So what did they do to give Senate and House Veterans’ Affairs Mrs. BLACKBURN. Madam Presi- that insurance policy, if you will, that Committees agreed upon this legisla- dent, last week marked another Con- democracy and a democratic republic tion. This was a collaborative effort, stitution Day celebration. It could not would continue and would stand? They not a partisan one, but, nonetheless, have come at a better time because, for drafted a Constitution, recognizing
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.034 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5751 that our rights are a gift from God and that the cloture motion on the Sam- burg, who died Friday night. She died that these rights are not a product of uels nomination be withdrawn and the on the eve of the Jewish new year, government action or they are not sub- Senate vote on confirmation of the Rosh Hashanah. She was the first Jew- ject to the whims of a mob. Samuels nomination following the clo- ish woman on the U.S. Supreme Court. They were also forward thinking. ture vote on the Young nomination. Rabbis tell us a very interesting They gave us everything we need to The PRESIDING OFFICER. Is there thing about individuals who die right improve upon their work. objection? before the new year. They say and they I think it is important to remember Without objection, it is so ordered. suggest that these are very righteous we have done just that. Over the course f people who die at the very end of the of more than two centuries, we have year because they were needed until built a nation that is freer, more equal, MEASURE READ THE FIRST the very end. Under Jewish tradition, and, yes, striving every day to be that TIME—S. 4653 those who die on the new year holiday ‘‘more perfect Union,’’ not because out- Mr. HAWLEY. Madam President, I are considered tzadik, a title given to side forces compel us to do so but be- understand there is a bill at the desk, the righteous and saintly. Certainly cause we, as Americans, chose to make and I ask for its first reading. Justice Ruth Bader Ginsburg was enti- it that way. The PRESIDING OFFICER. The tled to this honor, being righteous and When I see that a friend or a neigh- clerk will read the bill by title for the saintly. borhood has forgotten this, I like to re- first time. At her confirmation hearing, Justice mind them that two of the most emo- The legislative clerk read as follows: Ginsburg talked about her immigrant tional and powerful words in the A bill (S. 4653) to protect the healthcare of experience. You see, her father was a English language are ‘‘remember’’ and hundreds of millions of people of the United Jewish immigrant, and her mother was ‘‘imagine.’’ States and prevent efforts of the Department barely a second-generation American. I tell them: Stop for just a moment. of Justice to advocate courts to strike down So she talked about American values, Close your eyes and remember what the Patient Protection and Affordable Care and then she said: ‘‘What has become of you really love about this country. Re- Act. me could only happen in America.’’ member the special moments. Remem- Mr. HAWLEY. Madam President, I Then she spent her entire career pro- ber what your parents and your grand- now ask for a second reading, and in tecting those values that make Amer- parents have told you about love of order to place the bill on the calendar ica the great Nation it is and the rea- country. Remember the sacrifices they under the provisions of rule XIV, I ob- son why people come here in order to have made. And, now, just imagine: ject to my own request. reach their full potential. It guided her What would your children and The PRESIDING OFFICER. Objec- well in her public service. grandkids accomplish? What would tion having been heard, the bill will be Justice Ginsburg was both an inspi- they accomplish if they, too, are al- read for the second time on the next ration and a trailblazer in every sense lowed to grow up in a place where lib- legislative day. of the word. After breaking through erty and justice is for all, where they f the countless barriers thrown in her are allowed to dream these big dreams path, she redefined what is meant to be and then dream up a way to make ORDERS FOR WEDNESDAY, both a thoughtful jurist and a dedi- those dreams come true? These are SEPTEMBER 23, 2020 cated public servant. things that are valued above all else. Mr. HAWLEY. Madam President, I Let me just briefly go over some of Of course, as we look at our past and ask unanimous consent that when the her incredible accomplishments: first we remember, we look at the future, Senate completes its business today, it in her undergraduate class at Cornell and we know that in finding common adjourn until 10 a.m., Wednesday, Sep- University, first female member of the ground—when we find common tember 23; further, that following the Harvard Law Journal, graduating first ground—we see potential, and potential prayer and pledge, the morning hour be in her class at Columbia Law School, gives us hope. I like to say that hope is deemed expired, the Journal of pro- first female professor at Columbia Uni- staking a claim on an action, on a goal ceedings be approved to date, the time versity to earn tenure. that you are going to achieve. for the two leaders be reserved for their Justice Ginsburg directed the ACLU So it is my fervent hope that we will use later in the day, and morning busi- Women’s Rights Project and argued six continue to stand on our constitutional ness be closed; finally, that following landmark cases before the Supreme principles and that we will defend the leader remarks, the Senate proceed to Court, winning five of those cases. foundation of this Nation that has executive session to resume consider- These cases protected not only the given so many Americans the oppor- ation of the Hinderaker nomination rights of women but those of many tunity to make these big dreams come under the previous order. men who faced discrimination as well. true. The PRESIDING OFFICER. Without As the National Women’s Law Center I yield the floor. objection, it is so ordered. wrote about Justice Ginsburg’s death, The PRESIDING OFFICER. The Sen- they said: f ator from Missouri. [Her passing] is cause for us to pause and f ORDER FOR ADJOURNMENT honor the unparalleled mark she has left on ORDER OF PROCEDURE this country. From co-founding the ACLU’s Mr. HAWLEY. Madam President, if Women’s Rights Project, to bringing the Mr. HAWLEY. Madam President, I there is no further business to come be- first case striking down a law that discrimi- ask unanimous consent that notwith- fore the Senate, I ask unanimous con- nated against women, to building the case standing the provisions of rule XXII, sent that it stand adjourned under the that defined the standard for sex discrimina- the Senate vote on the motion to in- previous order, following the remarks tion cases, Ginsburg was a visionary who voke cloture on the Hinderaker nomi- of our Democratic colleagues. revolutionized the gender equality move- ment—and the law—long before becoming a nation at 11:45 a.m. tomorrow; further, The PRESIDING OFFICER. Without objection, it is so ordered. Supreme Court Justice. that if cloture is invoked, the Senate For our country, Ginsburg’s ethos was vote on confirmation of the Hinderaker The PRESIDING OFFICER. The Sen- greater than just the law. She was an icon nomination at 4 p.m. tomorrow; and ator from Maryland. and a living symbol of a north star, so we that following disposition of the nomi- f must unite and do for her what she did for nation, the Senate vote on the motion us—fight for what is right. to invoke cloture on the Young nomi- REMEMBERING JUSTICE RUTH As a litigator, Judge Ginsburg helped nation. I further ask that if cloture is BADER GINSBURG to shape the law, convincing the Su- invoked on the Young nomination, the Mr. CARDIN. Madam President, I preme Court that ‘‘equal protection of confirmation vote occur at a time to be rise to honor the life and legacy of the law’’ under the 14th Amendment determined by the majority leader in Ruth Bader Ginsburg. applied not only to racial discrimina- consultation with the Democratic lead- The Nation mourns the loss of Su- tion but to gender discrimination as er on Thursday, September 24; finally, preme Court Justice Ruth Bader Gins- well.
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.035 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5752 CONGRESSIONAL RECORD — SENATE September 22, 2020 Justice Ginsburg herself knew dis- the passage of the Voting Rights Act foresaw and underinsured populations from the crimination firsthand, as she struggled progress, even in Alabama. ‘‘The arc of the Trump administration’s effort to elimi- to find a job after graduating law moral universe is long,’’ he said, but ‘‘it nate their access to affordable care. It school—notwithstanding her sterling bends toward justice,’’ if there is a steadfast is at risk. commitment to see the task through to com- qualifications. She had that difficulty, pletion. That commitment has been This vacancy is critically important as we all know, solely because of her disserved by today’s decision. . . . Throwing to protecting healthcare, and there are gender. She experienced gender dis- out preclearance when it has worked and is so many other issues. Women’s repro- crimination firsthand, and she did continuing to work to stop discriminatory ductive rights—clearly at risk. Roe v. something about it not only for herself changes is like throwing away your umbrella Wade—I understand it is established but for future generations. in a rainstorm because you are not getting precedent, but look at what the Su- After serving on the U.S. Court of wet. preme Court has been willing to do in Appeals for the District of Columbia I mentioned these cases to under- reversing precedent. for 13 years, she began a 27-year career score the importance of the Supreme We know Roe v. Wade is in the cross- on the U.S. Supreme Court. Court Justice in the lives of all Ameri- hairs for change by the Supreme Court, There are so many of her decisions cans. So much is at stake in the filling and one more Justice appointed to sup- that were so consequential, so vision- of Justice Ginsburg’s vacancy. It will port that position and a woman’s right ary, expressing the right value, and her have real consequences on all of our of choice could very well be in jeop- ability to express her views was un- constituents. ardy. questioned. She did that in writing ma- Let me just give you a few examples Our most vulnerable individuals are jority opinions, and she is well known of what is likely to be taken up by the at risk as well. Let me talk about one for doing that in writing dissenting Supreme Court that could affect my specific group of people—some of our opinions. So many of her dissenting constituents in Maryland and the con- immigrants. On June 18, 2020, in a 5-to- opinions led the way for change. She stituents around the Nation. 4 decision written by Justice Roberts was right, and she motivated change. Your healthcare is, literally, on the and joined by Justice Ginsburg, the Su- In 1996, Justice Ginsburg wrote the line. The Affordable Care Act that preme Court held that the Department majority opinion of the Court in the President Trump has tried to repeal of Homeland Security violated the law finding that the all-male admissions and the Republicans have tried to re- when it rescinded the Deferred Action policy at the State-supported Virginia peal in this body but have failed, they for Childhood Arrival, DACA, Program. Military Institute was unconstitu- are now going to take to the Supreme There are approximately 643,000 tional. She said in that opinion: ‘‘Gen- Court. A hearing is scheduled this No- DACA recipients in the United States, eralizations about ‘the way women vember. and approximately 29,000 are This is a real risk for tens of millions are,’ estimates of what is appropriate healthcare workers, essential workers, of Americans who depend on the law for most women, no longer justify de- whose service during the COVID–19 for their health coverage and other nying opportunity to women whose tal- pandemic has saved lives and eased suf- benefits. Twenty million Americans ent and capacity place them outside fering. But for that 5-to-4 decision, could lose their healthcare, and people the average description.’’ Any differen- those individuals’ lives could have been with preexisting conditions could lose tial treatment, she concluded, must totally disrupted had they been ordered those protections—that is 133 million not ‘‘create or perpetuate the legal, so- to leave our country. Americans—during the coronavirus cial, and economic inferiority of These are individuals who know no pandemic. women.’’ That is what is at risk. We are talk- other home but the United States of What a difference she made in that ing about pregnancy, cancer, diabetes, America. They are our neighbors and decision. high blood pressure, behavioral health friends—and yet a 5-to-4 decision of the I will always remember her dis- disorders, high cholesterol, asthma, Supreme Court. Justice Ginsburg will senting opinion in the Lilly Ledbetter chronic lung disease, heart conditions, no longer be there. This next Justice case because it led directly to change. and numerous others that have been could very well determine the fate of Justice Ginsburg wrote in that fiery held to be preexisting conditions. That the Dreamers. dissent: ‘‘Our precedent suggests, and protection is in the Affordable Care LGBTQ community: In the Obergefell lower courts have overwhelmingly Act. That is on the line before the Su- v. Hodges case, the Supreme Court, by held, that the unlawful practice is the preme Court this November. a 5-to-4 decision, held the Constitution current payment of salaries infected by That is why Americans are concerned guarantees same-sex couples the right gender-based (or race-based) discrimi- that we follow the right process in se- to marry. That is a 5-to-4 decision. nation—a practice that occurs when- lecting the next individual to serve on I always expected that, in America, ever a paycheck delivers less to a the Supreme Court of the United we would move forward in protecting woman than to a similarly situated States. If the Affordable Care Act is individual rights under our Constitu- man.’’ struck down, insurers could bring back tion; that, in each Congress and each I heard one of my colleagues talk annual and lifetime limits on coverage; session, the Supreme Court would ad- about precedent, but here we see the adults covered by Medicaid expansion vance those rights for individuals’ pro- Court reversing precedent in order to would lose vital health services; young tection under the Constitution of the advance discrimination against people would be kicked off of their par- United States. The filling of this Su- women. Her dissent led to congres- ents’ insurance; and insurers could sell preme Court vacancy could very well sional action, becoming the first piece skimpy plans that don’t even cover es- reverse a trend of protecting rights and of legislation signed by President sential health benefits like prescrip- deny many in our community their Barack Obama. The text of this bill tion drugs, emergency room visits, rights. hung on her office wall for good reason, mental health and substance use, and I could cite many, many other exam- as it embodied her spirit. maternity care. ples of what is at risk by the Supreme She issued a fiery dissent again in The Affordable Care Act increased Court appointment. There are many the Shelby County v. Holder case in access to care for millions who were reasons why we believe that we should 2013, a case decided by a 5-to-4 vote of previously uninsured or underinsured. follow the proper process in selecting the Supreme Court of the United Through Medicaid expansion, 13 mil- the next Supreme Court Justice, so States, which gutted the Voting Rights lion low-income Americans now have let’s talk a little bit about what proc- Act of 1965. dependable, comprehensive health. ess we should follow. Let’s talk a little Here is what she said in that opinion: In Maryland alone, over 1.3 low-in- bit about fairness. Let’s talk about the What has become of the court’s usual re- come individuals depend on Medicaid, integrity of the Senate. Let’s talk straint? including 512,000 low-income children, about living up to our own words. Let’s Justice Ginsburg wrote in her dis- 107,000 seniors, and 152,000 individuals talk about using the same rules for senting opinion: with disabilities. That is in Maryland. Democrats that you use for Repub- The great man who led the march from We must protect the Medicaid expan- licans. Let’s talk about the fairness of Selma to Montgomery and there called for sion population and other uninsured the process.
VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.037 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5753 Now, I could spend a lot of time on Let the Senate honor Justice Gins- tice Ginsburg’s legacy and the future of the floor quoting the comments of so burg’s legacy by continuing to fight for the Supreme Court, because so many of many of my colleagues who spoke on the rights she fought for in her entire the other things that matter most to the floor of the U.S. Senate 4 years ago career, both as a litigator and circuit us are in the balance right now with on the Merrick Garland nomination by judge and, finally, as a Supreme Court the decisions that this body makes. President Obama and how they spoke Justice. Americans know that the decisions of about the importance of listening to Let us honor Justice Ginsburg’s this body as it relates to the Supreme the voters of our Nation, how they said dying wish: ‘‘My most fervent wish is Court are going to affect some of the we didn’t have the time—and, remem- that I will not be replaced until a new deepest issues that affect their lives— ber, Merrick Garland was in February President is installed.’’ their economic security, their bodily of an election year—to do this; that we I yield the floor. autonomy, their right to vote, their needed to withhold taking up the nomi- The PRESIDING OFFICER. The Sen- civil rights, the environment in which nation; that it was up to the voters to ator from New Jersey. we all live—and the area I most want act first; and that this had nothing to Mr. BOOKER. Madam President, I to focus on is their healthcare—their do with the fact that it was a Demo- rise at a time of great grief in our healthcare. The ideal of healthcare is crat in the White House. country. We have seen 200,000 fellow fundamental to the ideals of our found- So many of our colleagues said: If Americans perish due to COVID. In ad- ing document. You cannot have life, there is a Republican elected in 2016 dition to that, we have seen heroes in liberty, and pursue happiness if you do and the Senate is controlled by the Re- our Nation fall during this period as not have access to healthcare. publicans, we would say the same well. Still, we have a heavy heart as we The next person appointed to the Su- thing. Hold off. Let the voters have a have seen the passing of civil rights preme Court will make the kind of de- chance. greats like C.T. Vivian and, of course, cisions that will quite literally affect Let me quote from one of our col- our colleague in the House of Rep- the quality of healthcare and, there- leagues. resentatives, John Lewis. fore, will affect life-or-death issues. In 2016, Senate Republicans refused to con- In many ways, we are walking We know that over the past 6 sider the nomination of Judge Merrick Gar- through the valley of a shadow of months, this deadly pandemic has led land, President Obama’s nominee for a Su- death, but as our fellow Americans fall, to this valley of a shadow of death for preme Court vacancy. They would not meet it is apt that we give tribute to their our Nation and the globe and has led to with Judge Garland, hold a hearing on his character, to the values and virtues 200,000 people perishing in our Nation. nomination, or allow a vote for 293 days. which marked their lives, and to the This is directly affected by the Antonin Scalia died in February 2016. Presi- truth and ideals that they carried for dent Obama nominated Merrick Garland, a urgencies of this pandemic. Millions of respected D.C. Circuit Judge with bipartisan their lives and how they advanced to us Americans have lost their jobs, and 30 support, in March 2016. In the case of Justice so that we might have better lives. million Americans weren’t getting Ginsburg’s vacancy in 2020, we are about 40 Truly, if we are recognizing those enough food to eat. Communities that days away from a general election, and early values and those virtues, then, the were already vulnerable have been dev- and absentee voting has already begun in passing of Ruth Bader Ginsburg is a astated by this public health and eco- several states. By contrast, in 2016, the for- time that calls upon Americans to nomic crisis. mal presidential primary elections had just pause and recognize her extraordinary Now, more than ever, Americans are begun to occur when Justice Scalia died. life. She was a woman of small physical relying on our safety nets, especially Our colleagues spoke up then and stature, but she was truly a giant when it comes to access to healthcare. said: Look, 4 years ago, our Republican amongst us. The next Supreme Court Justice will colleagues said not enough time, leave Even before her years as a Supreme inevitably oversee whether the Afford- it up to the voters; we would do this Court Justice, she championed the able Care Act stays in place or not. whether it is a Democrat or Repub- rights of Americans and the ideals we Thankfully, because of the Affordable lican. hold so dear. She advanced the cause of Care Act and, in particular, because Let me quote from one of our col- liberty and equality and the under- the expansion of Medicaid has hap- leagues, the Republican leader, MITCH standing, as it says, literally, on the pened in 36 States so far, more Ameri- MCCONNELL. This is his quote on the Supreme Court wall, of ‘‘Equal Justice cans are getting insured. And now dur- floor of the Senate. Under Law.’’ ing this pandemic, more important Mr. President, the next Justice could fun- This spirit that she fought for was than ever, many Americans—millions damentally alter the direction of the Su- buttressed by her massive intellect, her of Americans—are staying insured even preme Court and have a profound impact on acumen, her skill, and her strategy though they have lost their jobs. our country, so of course—of course the that were seen in her career as a law- American people should have a say in the An article published in the New Eng- Court’s direction. . . . As Chairman Grassley yer, as well as her opinions and work land Journal of Medicine in August re- and I declared weeks ago and reiterated per- as a Justice. ported: ‘‘The ACA, having created sev- sonally to President Obama, the Senate will She understood more, or as much as eral new options for health insurance continue to observe the Biden rule so that anyone, that the decisions of the Su- unrelated to employment, will protect the American people have a voice in this mo- preme Court literally have a profound many recently unemployed people and mentous decision. The American people may impact on the daily lives of Americans, their families from losing coverage.’’ well elect a President who decides to nomi- that the decisions of the Supreme I know the difference that the Afford- nate Judge Garland for Senate consider- Court will affect some of the most fun- able Care Act makes, and in particular ation. The next President may also nominate damental ideals. It could mean the dif- someone very different. Either way, our view the difference that Medicaid expansion is this: Give the people a voice in filling this ference between life or death, the dif- has made, especially for communities vacancy. . . . As we continue working on ference between economic security and like mine in the State of New Jersey, issues like these, the American people are economic ruin, the difference between like the one in which I live, of hard- perfectly capable of having their say on this environmental protection and devasta- working people who are still at the issue. So [let’s give] them a voice. Let’s let tion. lower echelons of our economic nation. the American people decide. It affects not just the balance of This is why I know what the Supreme Senator MITCH MCCONNELL. power in institutions like the Senate Court decision could mean if it strikes We have the McConnell rule, estab- but also the balance of people’s lives down the Affordable Care Act. Espe- lished by the Republican leader. Let’s and their well-being at their kitchen cially right now, I know what it would follow the McConnell rule and let the table. mean. American people pick the next Presi- She knew that our laws are tools Turning again to the New England dent and Senate so they can weigh in through which we could either make Journal of Medicine, they make it on this decision just as Senator our Nation live up to its promise for all plain, and they make it clear: MCCONNELL argued in 2016 with Presi- or fall further away from them. It is in In the current context of millions of Amer- dent Obama’s nominee, Merrick Gar- this context that I want to join my col- icans losing their jobs and an ongoing pan- land, for Justice Scalia’s seat. leagues this evening in discussing Jus- demic, overturning the ACA would most
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.038 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5754 CONGRESSIONAL RECORD — SENATE September 22, 2020 likely be devastating to patients, clinicians, unit would hit lifetime limits on care icaid during this crisis because of the hospitals, and state economies. The very within a few months or a few weeks of Affordable Care Act. The State of Ken- virus that has brought about record unem- being born. tucky, which the Republican leader ployment levels is the same agent that Gutting the Affordable Care Act, see- makes health insurance—and the new op- represents, had the highest rise in Med- tions created under the ACA—more impor- ing it fall as our President desires, icaid enrollment, with a 17.2-percent tant than ever. would mean insurance companies increase from February to August. That is the New England Journal of would go back to spending more of This is how our social safety net Medicine. Americans’ premium dollars on admin- should work. It should be there in a This fall, the Supreme Court of the istrative functions than actual care. crisis. When there is more disease, United States of America will consider This Supreme Court Justice will deter- when there is more death, when there another challenge to the Affordable mine if the ACA, or the Affordable Care is more suffering, we as a nation should Care Act. President Trump’s Justice Act, stands or, as Donald Trump wants, show more compassion, more empathy, Department has taken the dangerous it should fall. And if it falls, it would and more care, not less. position that ‘‘the entire ACA . . . mean women would go back to paying We saw in 2018, when people were must fall.’’ more for their health coverage simply asked why they were voting, why we President Trump is trying to take because of their sex. saw a surge in turnout, it was because away the security of the ACA, take The Affordable Care Act falling people were concerned about their away the law that allows Medicaid ex- would mean at a time when Black and healthcare. And that was before the pansion, take away the law that pro- Latino Americans are disproportion- pandemic. This election will be about tects people with preexisting condi- ately dying of this virus, reversing the many things, but most people will tions and allows them to have gains of the Affordable Care Act has know that this is an election about the healthcare—the law that, literally, made in narrowing those disparities security of healthcare. medical professionals are saying is sav- now, we would see those communities One President says, again, and I ing lives today. with less coverage, less care, less ac- quote: Let it fall. Another wants to And now here we are debating a deci- cess, less justice. preserve it and put people on the Su- sion of whom we should put on the Su- Donald Trump tried to influence the preme Court who will defend it as fun- preme Court. Will we put another—a Court, putting a person on who reflects damentally in line with our constitu- third—Trump appointee on the Su- his views and his values. Donald Trump tional ideals—life, liberty, and the pur- preme Court, one that reflects his val- wants the ACA to fail. If he is success- suit of happiness. That is the jeopardy. ues and his views, a Justice that is ful, it will mean more onerous require- That is what is at stake using the logic likely now to tip the balance even fur- ments and barriers to healthcare ac- not of any Democrat but using the ther, that would most likely overturn cess during a global pandemic that is logic of my Republican colleague after the ACA and means that millions of already wreaking devastation and Republican colleague, my Republican families in the middle of a pandemic havoc on American communities from friend after my Republican friend, will lose their healthcare? sea to shining sea. who—I heard what they said when they Days before an election, when my In New Jersey, my State, a repeal of denied Barack Obama a Supreme Court colleagues, just a few short years ago, the Affordable Care Act combined with pick. I heard their words. They were said we shouldn’t make this decision. the impact of COVID–19 would mean clear. My friend, the head of the Judi- This is the conclusion of colleague, 686,000 people in New Jersey would lose ciary Committee, even went as far as after colleague, after colleague. In that their health coverage, all while dealing to say: ‘‘Use my words against me.’’ case with Merrick Garland, we were with a deadly pandemic and a reces- If it is the final year of President months and months away from an elec- sion. Nationally, it would mean 23 mil- Trump’s term, we should wait until tion—269 days. Now, we are mere days. lion of our fellow Americans, 23 million after the election before we put some- It is a decision that will affect the lives people—children, adults, and the elder- one on the highest Court in the land of millions, a decision that goes to the ly—could lose their coverage if the for a lifetime appointment. What is core of our healthcare, our health, our ACA were repealed during this pan- this about? It is about the most sacred well-being, our ability to afford what demic. ideals of our Nation—life, liberty, free- should be a right for this Nation—ac- The fact is, health coverage saves dom from fear, freedom from disease. cess to quality healthcare. lives. That is not an exaggeration. This I don’t know what to say because I If they go forward with this Justice, is life or death. Study after study has see what is happening right now. Peo- what will it mean? It will mean that borne this out. The Center on Budget ple speak passionately about a stand- the Federal health centers that serve and Policy Priorities reports that the ard, defend themselves, cite historic communities that need them the most expansion of Medicaid alone under the precedent, and then when things shift would be gutted because that is what Affordable Care Act saved over 19,000 and they have a chance to show con- the Affordable Care Act has done for lives between just 2014 and 2017, and the sistency and to show restraint, show America. It would mean that people States that didn’t expand Medicaid saw allegiance to comity, show allegiance with preexisting conditions, from asth- over 15,000 people die prematurely. to the ideals that bond us together, ma to cancer to lasting complications That is just among adults age 55 to 64. they instead turn their backs on their of COVID–19, could be kicked off their The Affordable Care Act—think very words. Instead, they betray the coverage at a time when they are more about the lives saved. Think about principle and rule that they set in vulnerable than ever. That is what this those who did not have Medicaid ex- place. decision is about. pansion and the lives lost, our fellow If it was just politics, that would be It would mean that many seniors who Americans. Life, liberty, and the pur- one thing, but what is at stake is the are already living paycheck to pay- suit of happiness. Life, liberty, and the healthcare of Americans. There are check would have to pay more for their pursuit of happiness—that is what is at people afraid tonight. There are people prescription drugs and more for the stake right now and before the pan- scared across our country—a parent preventative services that they receive demic hit. with a child who has a rare cancer, an at no cost today because of the Afford- We know that many of the people adult struggling to afford their pre- able Care Act that Donald Trump be- who have been hardest hit by COVID–19 scription drugs, someone who is out of lieves should fall. rely on Medicaid. Since the pandemic, a job, someone with a preexisting con- It would mean that young adults who Medicaid enrollment in our country dition. This is not about politics. This now, more than ever, are relying on has gone up as more people have been is about them. It is about their lives staying on their parents’ plan until 26 in need. It has grown for the first time and their well-being. wouldn’t be able to do so because of the in 3 years. Because of this pandemic, Millions of Americans benefit from Affordable Care Act that Donald more people are hurting, and more of the Affordable Care Act. By pushing, Trump believes should fall. It would our fellow Americans are finding them- by rushing this through to get another mean that countless babies who need selves in crisis. Across the country, Trump Justice by a President who to spend time in the neonatal intensive more families are able to turn to Med- wants that action by Congress, who
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.040 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5755 wants the Affordable Care Act to fail, for the cause of women across America Act 10 years ago. I might say, in my what will that mean? Where will that and, I might add, for the cause of men House and Senate careers, it is the leave us when this decision goes to too. She made history. That job rejec- most important issue I have ever voted that Supreme Court with three Jus- tion may have been a disappointment on. When again will I be able to help 20 tices—one of whom should have been for a day, but as we reflect on it, thank million Americans find health insur- Barack Obama’s? goodness she was steered to another ance for the first time? When will there Justice Ginsburg stood up for our path and used it so effectively. be another opportunity to make sure ideals. She stood up for this belief that If you left this Chamber tonight and that health insurance sold in America it is the little person, it is the person walked across the street to the Su- treats people fairly? with the margins of life, it is the per- preme Court, you would find a large The Affordable Care Act eliminated son who has been demeaned and de- group of people, as you have since last lifetime limits on payouts, which is graded by powerful forces—that they Friday, pausing, reflecting, thanking, eminently sensible when you consider should have equality. She fought for praying for Ruth Bader Ginsburg’s life. the skyrocketing cost of medical care and won battles that my generation Across there tonight, they are lighting and how so many situations in life are takes for granted. candles, dropping flowers and notes, so darned expensive. It said to people: Her last dying wish was not about crying, commiserating, really noting You cannot be discriminated against one President or another but that we the loss America feels. because you have a preexisting condi- should wait until after this election. I I was struck personally by my own tion. believe she said that not just because family’s reaction. My daughter, my I remember the day—most of us do— of the conflicts of our time, she said daughter-in-law, and so many others when applying for health insurance was that not just because she believed it confided in me in ways they rarely do a long list of questions, and if you hap- was right but because she believed in about how much this woman meant to pened to just check one of those ‘‘yes,’’ the Supreme Court. She believed that them. It was time for reflection in my be prepared, because it meant you had the Supreme Court, no matter what family and, I am sure, a lot of those a preexisting condition, and you were the politics of our time, should be a across the United States. about to be charged a higher premium, place that holds legitimacy in the Re- She had one last request, one dying if they would allow you to buy health public, that America should not see wish. She handed it to her grand- insurance. Families with children who that as a body that could be daughter and she said: Let the next survived cancer knew what that politicalized by the behaviors of Con- President pick my successor on the Su- meant—health insurance they couldn’t gress, so she said: Wait. preme Court. It is understandable that afford or health insurance that wasn’t Ironically, it is the same sentiment she would do that. I know she probably available. The Affordable Care Act that my colleagues said we should do had a hope in her heart as to who that changes that and says you cannot dis- when Merrick Garland was nominated. person might be, but she knew, after criminate against a person because of a Then, they were with Justice Ginsburg. the way the vacancy of Antonin Scalia preexisting condition. I tell you, she may be gone, but they was treated by the Republicans in the When we looked at some of the pre- should honor her in truth right now by Senate, that was the way they were existing conditions health insurance upholding that sentiment, their senti- going to handle her situation—at least companies were boldly announcing, ments, the very idea that could pos- we thought they would. well, of course, gender could be a pre- sibly give us more hope—that Then, of course, Senator MCCONNELL existing condition. Women did have to healthcare, that life, liberty, and the announced a 180-degree reversal in pay higher premiums, you know. Think pursuit of happiness can win the day. principle—180-degree reversal. Instead of that: gender as a preexisting condi- I yield the floor. of waiting for the election and new in- tion. That was one of the tricks to The PRESIDING OFFICER. The Sen- auguration of the President to fill her deny coverage or to raise premium ator from Illinois. vacancy, he made it clear that Repub- costs. Mr. DURBIN. Madam President, I licans in the Senate are hell-bent to Then, when it came to covering your want to thank my colleague from New fill this vacancy as fast as possible. kids, we remember what it was like— Jersey, Senator BOOKER, for an out- What is the hurry? Why have they many of us do—when our kids grad- standing statement from the heart. changed their position after 4 years? uated college, thought they were invin- I think about this moment in his- Do they doubt that President Trump is cible, and took part-time jobs with no tory. I think about the fact that just a going to be reelected? Did that play benefits. few weeks ago, we were mourning the into this equation? Who knows. But I remember calling my daughter and loss of John Lewis. He was a personal they are determined to do it because asking: ‘‘Jennifer, do you have health friend, a champion and inspiration, one they have an agenda which is more im- insurance anymore?’’ of the real pillars of the civil rights portant than consistency, more impor- ‘‘No, Dad. I am just fine.’’ movement of the 1960s, who lived on to tant than honor, more important than Well, we got her health insurance, this day and carried the torch for so principle. Their agenda is to turn back and it cost a pretty penny. many years when it came to civil the achievements and progress made by Now, under the Affordable Care Act, rights and equal rights. I will miss Ruth Bader Ginsburg and to leave the I could have kept my daughter under him. American people more vulnerable in my family plan until she had reached Now there is another loss of another their time of need. the age of 26, when she would have had giant. Although she was small in stat- A few weeks ago, I took a poll in Illi- a better chance of having a better job ure, Ruth Bader Ginsburg had an amaz- nois to see what the public sentiment with benefits. ing life story. She was an extraor- might be on issues. I was a little sur- That is one of the things the Afford- dinarily bright young woman who just prised how overwhelming the issue of able Care Act did, but the Trump ad- asked for a chance to get a job in New healthcare still is in my State of Illi- ministration and the Republicans in York with one of the law firms, but be- nois. As I reflected on it, it made sense. Congress have been determined to kill cause she was a woman, they turned We wake up every day, looking for our the Affordable Care Act from the day it her away. That lost job must have been masks, wondering how many more peo- passed. There were over 50 rollcall a disappointment to her, but as we re- ple have died, hoping that we can pro- votes in the U.S. House of Representa- flect on it in the history of this Nation, tect ourselves and our families. So tives to eliminate the Affordable Care it was the biggest break we ever had healthcare is on the forefront of every- Act. They all might have passed the when it came to the cause of women in one’s mind, and, of course, protection House, but they were not taken up by modern times because she went on to for your family is always your first in- the Democratic Senate. become a law clerk, a professor, a stinct. People know that without the They waited for the day, and the day judge, and ultimately a Supreme Court Affordable Care Act they will not have finally came. Senator MCCONNELL had Justice. that protection. the majority, and he was setting up to In the course of that career, she was We remember—many of us do—the eliminate the Affordable Care Act here such a powerful and effective advocate debate in creating the Affordable Care on the floor of the Senate. I will never
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.041 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5756 CONGRESSIONAL RECORD — SENATE September 22, 2020 forget that night or that early morn- nessing now with the Senate’s effort by in which women can be victims of pay ing. At 2:30 in the morning, those doors the Republicans to fill this Supreme discrimination.’’ opened. John McCain, who was very Court vacancy before a new President I was a Member of the U.S. House of sick—we knew he didn’t have long for is elected is a violation of all four—his- Representatives when the Ledbetter this world—had just left a phone con- tory, tradition, rules, and the mutual decision came down, and I was appalled versation with President Trump. He respect that is important in this body. that a bare majority of the Court inter- walked to that well, and he barely lift- I hope that we can recover from it, preted the relevant statute in a way ed that right arm that had been crip- not only for the good of the Senate but that it had not been intended. Justice pled during his prisoner of war experi- for the good of the Supreme Court, and Ginsburg invited the Congress to fix ence in Vietnam. He lifted it just that we can come out of this with a de- the statute to make its intent clearer. enough to say ‘‘no,’’ and John McCain’s termination to try to put this Chamber At that time, Representative George ‘‘no’’ saved the Affordable Care Act for back on track. This is a sad and dark Miller, the chair of the House Edu- millions of Americans. moment—a loss of a wonderful woman cation and Labor Committee, on which Did the Republicans learn their les- who served this country so well and I served, then led the way to pass the son? No. They decided that, if they this effort to replace her in a manner Lilly Ledbetter Fair Pay Act, and it couldn’t win it on the floor of the that does not speak to the best in- was the first bill that President Obama House and if they couldn’t win it on stincts and history of the U.S. Senate. signed into law in 2009. the floor of the Senate, they would win I yield the floor. In 2013, Justice Ginsburg wrote a it across the street with the Supreme The PRESIDING OFFICER. The Sen- scathing dissent in the 5-to-4 decision Court. That is what this is all about. ator from Hawaii. of Shelby County v. Holder, where a That is why Senator MCCONNELL has Ms. HIRONO. Madam President, this bare majority of the Court once again reversed his position—a position which past Friday, our Nation lost a giant of gutted the Voting Rights Act. She he claimed to be principled. He has re- a jurist and a champion of gender wrote then: ‘‘Throwing out versed his position on filling the va- equality, workers’ rights, voting preclearance when it has worked and is cancy on the Supreme Court in a Presi- rights, and civil rights. Justice Ruth continuing to work to stop discrimina- dent’s last year and has said that he is Bader Ginsburg understood the critical tory changes is like throwing away going to, with determination, fill this importance of the Supreme Court in your umbrella in a rainstorm because seat. safeguarding our constitutional indi- you are not getting wet.’’ The chairman of the Senate Judici- vidual rights. Immediately after Shelby County, as should have been expected, many ary Committee, LINDSEY GRAHAM, who About 2 years ago, I was sitting next is a friend of mine—and I work with to Justice Ginsburg at a dinner, and we States passed voter suppression laws him—had to explain to the American were talking about the concerns we that made it much more difficult for communities of color to vote. That was people why he reversed his position had about a very divided Supreme the intention of those laws that these completely on this issue. Then he an- Court. She shared her concerns that we States passed. These voter suppression nounced last night that every Repub- would see many more 5-to-4 decisions efforts are ongoing even as we speak, lican Member of the Senate Committee coming in the future, decisions that and they will have a negative impact— on the Judiciary was going to vote for would roll back civil rights’ protec- a really negative impact—on the 2020 President Trump’s nominee. You would tions, workers’ rights, individual rights, efforts to address climate election. have thought he would have waited In 2018, she rebuked the 5-to-4 major- change, and, clearly, a woman’s right until that nominee had been an- ity in Epic Systems Corp. v. Lewis, to choose—decisions that would harm nounced, but, clearly, it doesn’t make which allowed companies to force their everyday Americans. any difference. They know that who- workers to arbitrate their claims one As someone who had been on the ever that nominee will be will be hell- by one instead of seeking collective ac- Court for more than a quarter of a cen- bent on going across the street and tion in court. Why one by one? Because tury, Justice Ginsburg had understood eliminating the Affordable Care Act in the employer thought all of these em- the dangers of partisan split decisions. the Supreme Court. ployees are not going to fight us one by That is why this issue is not just a She had spent more than two decades one by one. matter of debate between the highest standing up for gender equality, voting In calling the majority’s decision ranking politicians in Washington but rights, workers’ rights, and civil egregiously wrong, Justice Ginsburg is a matter that affects everyone rights. She was often also a key vote in noted: ‘‘The inevitable result of today’s across America who buys health insur- upholding critical rights for everyday decision will be the underenforcement ance, and that is just about all of us. It Americans, such as clean air and clean of federal and state statutes designed is to make sure that health insurance water protections. to advance the well-being of vulnerable is worth owning and will be there when Within a few years of joining the Su- workers.’’ you need it. preme Court, Justice Ginsburg had In fact, Epic Systems was one of the I see some colleagues on the floor, written a landmark opinion in a 7-to-1 cases I brought up with Justice Gins- and I want to yield to them because I decision that had struck down the Vir- burg when I sat next to her at dinner. know they have their own thoughts to ginia Military Institute’s traditional I said that it was a horrible decision, share with you, but it troubles me male-only admissions policy. She had and she said: ‘‘And I wrote the dis- greatly what has happened to this Sen- spoken for nearly the entire Court sent.’’ ate. This big Chamber, this big room, when she had written that the differen- To honor Justice Ginsburg’s legacy, has turned into a museum piece in tial treatment of men and women we should honor her final wish not to Washington, DC. We don’t entertain ‘‘may not be used . . . to create or per- be replaced until a new President is in- visitors anymore because of COVID–19, petuate the legal, social, and economic stalled. In fact, that is the rule the but if they were to come, they could inferiority of women.’’ Senate Republicans made up in 2016. peer down at the desks and say: Well, More recently, Justice Ginsburg’s About 1 hour after Justice Scalia died that is where people used to stand, powerful voice had led dissents against on February 13, 2016, Senator MCCON- called Senators, who actually legis- partisan 5-to-4 decisions. NELL announced an unprecedented new lated. We don’t do that anymore here. In 2007, she led the dissent in rule—that the American people should It is very seldom. Instead, we take up Ledbetter v. Goodyear Tire & Rubber have a voice in the selection of their these partisan causes, like filling the Co., where the bare 5-to-4 majority of next Supreme Court Justice. Therefore, Federal judiciary with ideologues and the Court had undermined the plain this vacancy should not be filled until violating the traditions of the Senate language ability to bring gender pay we have a new President. Then, for the to fill Supreme Court vacancies. discrimination claims. Justice Gins- next 11 months, Senator MCCONNELL This Chamber is just a room, but the burg took the rare step of reading her blocked President Obama from replac- Senate is 100 people—100 people bound dissent from the bench, saying: ‘‘In our ing Justice Scalia on the Supreme together by history, tradition, rules, view, the court does not comprehend, Court. That vacancy existed for almost and mutual respect. What we are wit- or is indifferent to, the insidious way a year.
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.043 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5757 Back then, it didn’t take much for There are other Republican Senators Ms. HASSAN. Madam President, first other Republicans to join Senator who stood up with Senator MCCONNELL of all, I would like to thank my col- MCCONNELL. In fact, the rumor was in 2016 and now have changed their league from Hawaii for her remarks that the majority leader had his Re- tune, including Senators PERDUE, just now and for her commitment to a publican colleagues all lined up to side ERNST, BARRASSO, and CORNYN. more equal, more just United States of with him before he even announced the The question that American people America. so-called McConnell rule. That was should ask is, How can you trust people I rise tonight to join my colleagues then. This is now. who don’t keep their word? in mourning the loss of Justice Ruth Now that the tables are turned and This is an urgent question for the Bader Ginsburg. we have a Republican President instead millions of Americans who will lose Justice Ginsburg was a brilliant ju- of a Democratic one, Senator MCCON- their healthcare and reproductive free- rist and a persistent patriot. Her belief NELL and his Republican colleagues are doms if President Trump and Majority in our country and her vision and going back on their word. Within hours Leader MCCONNELL are successful in imagination as a lawyer left our Na- of Justice Ginsburg’s death, Senator stealing yet another Supreme Court tion stronger and more just. MCCONNELL vowed: ‘‘President Trump’s seat. As a litigator, she fought and she Supreme Court nominee will receive a The threat this nominee poses to the won fights for women’s equality. And vote on the floor of the U.S. Senate.’’ Affordable Care Act is not some eso- on the Court, she was a powerful voice This is what is known as a 180-degree teric debate we are having. It is not for justice, whether in the majority or turn—or talking out of both sides of theoretical. On November 10, the Su- in dissent. your mouth. Of course, he is not the preme Court will hear yet another par- Throughout her career and through only one. tisan challenge to the ACA. the final days of her life, she was a In 2016, Senator GARDNER said: ‘‘I I have no doubt that Donald Trump powerful voice calling for every Amer- think the next president ought to and the majority leader want a new ican to be recognized equally and to be choose the Supreme Court nominee, Justice in place to strike down the treated with dignity, regardless of gen- and I think it is only fair to the nomi- ACA, depriving millions of Americans der or personal circumstances, and the nee themselves, and I think that is of their health insurance, including progress and inclusion that she helped only fair to the integrity of the Su- millions with preexisting conditions. build throughout her life is a testa- preme Court.’’ Yet, after Justice Gins- The more than 6 million Americans ment to both her tenacity and her un- burg’s passing, Senator GARDNER flip- who have tested positive for COVID–19 matched legal mind. It is also an illus- flopped, indicating that, if President will likely be deemed to have a pre- tration of what is possible in our coun- Trump nominates someone he likes, he existing condition. Add them to the try when we reaffirm and stay true to will vote to confirm. Americans who will be devastated if our values. In 2016, Senator TILLIS came to the the ACA is struck down by the Trump Justice Ginsburg’s vision of what it Senate Chamber to declare: ‘‘It is es- nominee. Our healthcare is on the line means to be an American and what it sential to the institution of the Senate with the next nominee, regardless of means to be free changed lives. She and to the very health of our Republic who the nominee is. helped move our country toward a not to launch our Nation into a par- Note that the Republicans are saying more perfect union, and we have to tisan, divisive confirmation battle dur- that every single Judiciary Republican continue her unfinished work. ing the very same time the American is going to vote for the nominee, and Like many of my colleagues, I people are casting their ballots to elect we don’t even know who the nominee stopped by the Supreme Court over the our next President.’’ is. Well, obviously, it doesn’t matter weekend. It was incredible to see the But it took Senator TILLIS fewer who the nominee is. It will be someone outpouring of sheer reverence and to than 24 hours after Justice Ginsburg’s who is expected to strike down the see the number of people who came on death to go back on his word and com- ACA. foot, on bicycle, in cars to pay their re- mit to supporting the ‘‘conservative ju- After all, repealing the ACA has long spects. rist President Trump will nominate.’’ been No. 1 on the President’s and Re- I overheard one mom explain to her In 2016, Senator GRAHAM repeatedly publicans’ hit list. But getting rid of children: ‘‘A lot of people loved her.’’ stated: ‘‘The election cycle is well the ACA is not the only thing the Then, a couple of seconds later, she under way and the precedent of the President is after. added for the children: ‘‘And I want Senate is not to confirm a nominee at The President’s nominee will also op- you to understand how important she this stage of the process.’’ pose abortion rights. So that is next on was to our country.’’ He even doubled down on his promise, their hit list. I hope we all take the time to think claiming: ‘‘I want you to use my words Let me be clear. The future of Roe v. about the meaning of Justice Gins- against me. . . . If there’s a Republican Wade is on the line. The future of a burg’s life and what this loss means for president in 2016 and a vacancy occurs woman being able to control her own our country. Honoring the legacy of in the last year of the first term, you body is on the line. Ruth Bader Ginsburg means continuing can say Lindsey Graham said let’s let With so much at stake with this to fight for the more equal America the next President, whoever it might nomination, the millions of Americans that she fought for throughout her en- be, make that nomination.’’ who revered Justice Ginsburg are not tire career. Then, a week after Justice just going to sit by and do nothing Unfortunately, though, in a week in Kavanaugh and Dr. Ford testified be- while my Republican colleagues try to which America has reached a terrible fore the Senate Judiciary Committee, steal yet another Supreme Court seat. milestone of 200,000 COVID–19 deaths, Senator GRAHAM said plainly to Jeffrey In fact, they are showing up in droves the Senate majority leader and Senate Goldberg of The Atlantic: ‘‘If an open- in front of the Supreme Court to show Republicans have made their priorities ing comes’’—of course he was talking their support for all that Justice Gins- clear. Instead of working with Demo- about a Supreme Court opening—‘‘If an burg stood for. crats to pass the comprehensive opening comes in the last year of Presi- They are going to fight back, and you COVID–19 relief bill that the American dent Trump’s term, and the primary can be assured I will be right there people so badly need, my colleagues process is started, we’ll wait for the fighting back with them. They aren’t across the aisle are focused on using all next election.’’ going to fall for the trumped-up jus- of the Senate’s time before the election When my Democratic colleagues on tifications, explanations, and pretexts to rush through the President’s choice the Judiciary Committee did what Sen- that Senate Republicans are using to for a lifetime appointment to the Su- ator GRAHAM asked—that we hold him go back on their word. And I am con- preme Court, and they are doing so in to his word; we wrote a letter to him to fident that in 6 weeks’ time, the Amer- contradiction of the rules that they stick by his word—he refused. He indi- ican people will hold them account- themselves invented in 2016, despite the cated that he would ‘‘proceed expedi- able. fact that this election is not just immi- tiously to process any nomination I yield the floor. nent, it is already underway with vot- made by President Trump to fill’’ Jus- The PRESIDING OFFICER. The Sen- ers casting their ballots in States tice Ginsburg’s vacancy. ator from New Hampshire. across the country.
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.044 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5758 CONGRESSIONAL RECORD — SENATE September 22, 2020 Our society and our democracy rely I rise today to join my colleagues in to serve on the Supreme Court after on the idea that all sides of political celebrating the life and legacy of a Sandra Day O’Connor. She was con- debates will play by the same rules. hero, an icon, and a woman way ahead firmed in the Senate by a vote of 96 to That means when any faction loses, it of her time, Justice Ruth Bader Gins- 3. She served on the Supreme Court, does so knowing that it will have a fair burg. the highest Court in the land, for 27 chance in the next round. When that She was a trailblazer who exceeded years, standing up for equality and jus- understanding is disrupted, it desta- all expectations and, through her ex- tice, and, as I noted, she became an bilizes our democracy, leaving people ample, helped young people, young international icon well into her feeling disenfranchised. It is wrong, women across this country believe that eighties. and it produces chaos and confusion, anything and everything is possible, She did all that by never giving up, and it demonstrates a dangerous trend. and it is my hope that this Chamber and that inspires me as we deal with My Republican colleagues are mak- can follow in her footsteps and exceed what is in front of us right now with ing clear that they do not think the expectations when it comes to this pre- this assault on our democracy. When rules apply to them. It is worth taking cious democracy that we are supposed the odds don’t look that good, you a closer look at exactly why they are to hold and that we are supposed to never give up. violating the rules that they set for take care of. One of her important majority opin- themselves and applied to President A few years back, my daughter Abi- ions on the Court built on her work on Obama’s nominee just 4 years ago and gail and I got to see Justice Ginsburg— equal protection as a young attorney. what the impact of their backward pri- and I had met her a few times—but we In United States v. Virginia, Justice orities will be for the American people. were at an event, and we had our photo Ginsburg wrote for a 7-to-1 majority Right now, the Trump administra- taken with her. that struck down the male-only admis- tion’s lawsuit to repeal the entire Af- Now, as you know, Abigail was in her sion policy at the Virginia Military In- fordable Care Act and its protections early twenties, and Justice Ginsburg stitute. So she not only wrote the opin- for people with preexisting conditions had become a cult figure at that point ion, she got a number of Republican- is pending before the Supreme Court in her eighties—something we all as- appointed Justices to join her. and, as you have heard from my col- pire to—to the point where she had her When she announced the opinion in leagues, scheduled to be argued after own hashtag. Court, she said that the equal protec- the election. Make no mistake, rushing So we had our photo taken, the three tion clause of the Fourteenth Amend- through this nomination is a last-ditch of us. Afterward my daughter came up, ment prohibits any ‘‘law or official pol- effort to repeal the Affordable Care Act and she said: Mom, I got a photo of the icy that denies to women, simply be- through the courts after failing to do ‘‘Notorious RBG.’’ I am going to put it cause they are women, equal oppor- so legislatively for years. Even worse, on my Facebook page. But, Mom, I tunity to aspire, achieve, participate the Republicans would undermine hope you don’t mind; I am cutting you in, and contribute to society.’’ healthcare in the midst of a dev- out. I just want one with RBG up there. That opinion was joined by Justices astating pandemic, just when it is Justice Ginsburg literally made jus- appointed by both parties, including needed most. tice cool for a lot of young people out Chief Justice Rehnquist, Justice San- Invalidating the ACA will also mean there, and that legacy—that legacy, dra Day O’Connor, and Justice Ken- that those who survive COVID–19—and, with all the people, the outpouring of nedy. It was an example of the prin- as a result, will have preexisting condi- love and support you see at the court- ciple that guided Justice Ginsburg, in tions for the rest of their lives—will no house—continues. her words, to ‘‘fight for the things you longer be protected by the ACA when When people told Justice Ginsburg care about, but do it in a way that will they seek insurance coverage. that she shouldn’t go to law school be- Taking away healthcare from mil- lead others to join you.’’ cause she was a woman, what did she But she was also known for the opin- lions of Americans is just one of the do? She went to Harvard, became the ions she wrote in dissent and not only many things at stake. Women’s rights, first woman to work on the Harvard because she would wear what was voting rights, civil rights, workers’ Law Review, and then went on to grad- rights, so much of what Justice Gins- sometimes fondly called her ‘‘dissent uate from Columbia at the top of her burg stood for—they are all at risk. collar’’ when the opinion was an- class. Senate Republicans are not just intent nounced at the Court. As has been recounted many times, In Shelby County v. Holder, a 5-to-4 on filling this Supreme Court seat; she literally was called before the dean they are intent on filling this seat with majority struck down important parts of Harvard Law School, along with the a person who will strip away some, if of the Voting Rights Act that required eight other women who were in that not all, of these rights. jurisdictions with histories of racially The stakes could not be higher, and class of all of those men, and asked motivated voter suppression to seek the priorities of the American people why they would be taking the seat of a court or Department of Justice ap- are clear. We should follow the rules man. But that didn’t stop her. Nothing proval before changing voting laws, a that the Republicans created in 2016. stopped her. When law firms in New process known as preclearance. We should focus on COVID–19 relief. York wouldn’t hire her because she was Justice Ginsburg authored the dis- And we should not confirm a nominee a young mother, what did she do? She sent, joined by Justices Breyer, until after the next President is inau- became one of only two female law pro- Sotomayor, and Kagan, arguing that gurated. fessors at Rutgers University where ‘‘[t]hrowing out preclearance when it Ruth Bader Ginsburg believed in an she then wrote the brief that led the has worked and is continuing to work America where equality would win out, Supreme Court to decide for the first to stop discriminatory changes is like where everyone played by the same time that the Fourteenth Amendment throwing away your umbrella in a rain- rules in liberty and justice—in fact, in of the Constitution should protect storm because you are not getting liberty ensured by justice. It would be against laws that treat people dif- wet.’’ a good thing if all of my colleagues ferently solely on the basis of sex. After she finished reading her dissent who have the privilege of serving in When they told her that despite her in Court, she quoted Martin Luther this Chamber would reflect on that to expertise and her novel theories of how King, Jr., saying that ‘‘the arc of the honor the giant we just lost. to advance equal protection, when they moral universe is long, but it bends to- God speed, Ruth Bader Ginsburg, and told her that she shouldn’t argue equal ward justice’’ and adding her own ca- God bless the United States of Amer- protection cases before the Supreme veat that it bends toward justice only ica. Court, that maybe the chances would ‘‘if there is a steadfast commitment to I yield the floor. be better if a man would do it, what did see the task through to completion.’’ The PRESIDING OFFICER. The Sen- she do? She argued six cases in front of To see the task through to comple- ator from Minnesota. the U.S. Supreme Court and leaves tion is part of our job as stewards of Ms. KLOBUCHAR. Madam President, with five out of six victories. this democracy. We may not see it I thank my colleague from New Hamp- But she didn’t stop there. She was through to completion, but the least shire for her beautiful words. nominated as the second woman ever that we should do is do no harm, and
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.046 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5759 the most that we should do is to make and because his interest, as we know, clear that they are going to pull out all it better. That is what she stood for, was to bring our country together and the stops to unravel the exceptional and that is what I hope my colleagues to do everything he could in his power work of Ruth Bader Ginsburg, and they will consider in the weeks to come. to stop the divide and to have ‘‘one na- are going to break their own rule— As we gather here tonight, we must tion under God.’’ their own rule. It is not something that also recognize that Justice Ginsburg’s My colleagues will have to decide was debated on the other side. They de- work, as I noted, is still unfinished. what to do based on their own integ- cided to break their own rule per- Many of the values that she fought rity, their own commitment to justice. taining to election-year appointments for—equality and justice—are still at As Justice Ginsburg demonstrated, to undo the historical record of Ruth stake. The Supreme Court will con- lawyers fight for justice. If you live Bader Ginsburg. tinue to make decisions about equal and breathe that fight like Justice For a moment, I want to compare rights for women, LGBTQ equality, ac- Ginsburg did her entire career, that is this to another time. When I was a cess to clean air and clean water, fair our job, too, to fight for justice, but we young man right out of law school, I elections, and workers’ rights. have an even more extraordinary bur- served for a number of years as co- Just 1 week after the upcoming elec- den and that is also to uphold this de- director of the Oregon Gray Panthers tion, the Court will hear arguments in mocracy and to keep this country to- at home. Back then, just like now, a case challenging the constitu- gether. there were a lot of issues that were on tionality of the Affordable Care Act Justice Ginsburg did it in her own people’s minds. Just like today, where which could put coverage for people way, in her own life. Despite having in- there have been lists of issues miles with preexisting conditions at risk. credibly different opinions about the long—from the rights of LGBTQ Amer- That is what the court down in Texas law as Justice Scalia, they were true icans to workers’ rights, to the ability held. People’s healthcare is literally on friends, and she was able to work with of every eligible American to vote, and the line. If the Affordable Care Act is him. much more—there was a similarly long struck down, over 20 million Americans Well, we need to see more of that list of issues back when I worked with across the country could lose their here. It doesn’t mean that we have to the senior citizens. health insurance right in the middle of agree on who the next President is. It I made the judgment then, because of this pandemic because there would be doesn’t mean that we even have to spending that time with older people, no requirement in place to protect agree on who the next Justice will be, that healthcare was far and away—far them from being thrown off their in- but our job is to maintain stability in and away, colleagues—the most impor- surance. this country, to bridge that divide, to tant issue because if you and your When the stakes are this high, I urge bring people together, and to simply loved ones don’t have your health, then my colleagues to grant what Justice let the people decide. pretty much everything else goes by Ginsburg described as her ‘‘most fer- I think it is because of that unique the board. You can’t spend time with vent wish’’ that she will not be re- characteristic she had of being a fight- family. You can’t achieve all you want placed, she said, ‘‘until a new President er, of being a hero, of taking risks, of in your job. You can’t even have a is installed.’’ Those are her dying never giving up but also doing it in a chance to walk about outside on a words. Of course, she used the word way where people could feel that they pleasant evening like this. So ‘‘fervent’’ because that is how she ap- knew her. Even people who disagreed healthcare to me and to millions of proached her life and her work. with her—including in this institu- Americans is far and away the most At its core, Justice Ginsburg’s wish tion—respected her. important issue in front of this body. is about fairness. It is about what is Well, now the eyes are on this place, Now, this is the one issue—the one right and what is just. and it is our job to earn the respect of issue that will come up immediately Four years ago, Leader MCCONNELL the American people. The reason we with the Trump-backed lawsuit going created a new rule for Supreme Court have seen so many people expressing before the Court soon after the elec- nominations. He refused to consider their grief at the steps of the Supreme tion. So make no mistake about it, and President Obama’s nomination, as is Court and across the country is be- I know it is awfully hard to follow all well known, of Merrick Garland to the cause of that respect. Justice Ginsburg the legalese and the procedural mo- Supreme Court because the country opened doors for women at a time when tions. At one point my wife said—I was 9 months from an election, and, in so many insisted on keeping them think Senator MERKLEY may have his words, ‘‘the American people should shut, and on the Supreme Court, time heard this. When my wife said she have a voice in the selection of their and again, she made the case for jus- would marry me, she said: You are a next Supreme Court Justice.’’ tice. lawyer, not probably a particularly So here we are, 42 days until the For a woman of so many firsts, it is good one, but I am sure glad you did a Presidential election, and people have fitting that this coming Friday she will good job for the senior citizens. It is already started voting. They are voting be the first woman to lie in state in the hard to follow all the legalese and all in my State not only by mail, as we U.S. Capitol. So let’s remember her the procedure. speak, but also in person at early vot- fight, her legacy, and her fervent When you set aside all of that sur- ing places all across our State. wish—all of us—about securing equal- rounding the fact that healthcare will It is our Republican colleagues that ity, fairness, and justice for every per- be the one issue coming up imme- set that precedent, and now they must son in our country. diately with the Trump-backed law- follow it. I yield the floor. suits soon after the election, tonight Tonight, I urge my colleagues not to The PRESIDING OFFICER. The Sen- we say to the American people that fill this vacancy until the American ator from Oregon. healthcare in America is at stake. The people have voted. People are deciding Mr. WYDEN. Madam President, as Affordable Care Act is at stake, and right now who should be President. If our colleague just said tonight, you coverage for 130 million Americans you go back in history, the only time a can’t even remember any other mem- with preexisting conditions is at stake. Justice died this close to the election ber of the Federal judiciary who be- If you don’t trust Republicans with was during the time of Abraham Lin- came a cultural icon, recognized only your healthcare, you cannot trust Re- coln, when Justice Taney died who was by their initials. RBG did, and she publicans with this Supreme Court sadly, infamously, known for writing earned her recognition and her place in seat. the Dred Scott opinion. He died the history through an astounding career Donald Trump and the Justice De- closest to an election of anyone until fighting for gender equality, for the partment are suing to have the entire Justice Ginsburg. rights of LGBTQ individuals, and for Affordable Care Act thrown out—every And what did Lincoln do? He waited the rights of everybody who had been last bit of it thrown out. So I just want until after the election, until after he pushed to the margins of American so- to walk through what this means from saw if he won, until after he knew what ciety. sea to shining sea. the makeup of the Senate was. He MITCH MCCONNELL and Donald Trump If they are successful, the ironclad didn’t do it because he was a wise man have now, unfortunately, made it very guaranteed coverage for preexisting
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.048 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5760 CONGRESSIONAL RECORD — SENATE September 22, 2020 conditions is gone; the ban on discrimi- er he might have a last-minute change healthcare that woman—that woman— nation against women is gone; the ban of heart, but he made his goal clear. He says she needs. on annual and lifetime limits, gone; said: ‘‘We want to terminate Even today, just a few hours ago, coverage for young people on their par- healthcare under ObamaCare.’’ That Senate Republicans dusted off a dec- ents’ plans, gone; guaranteed essential was in May. ades-old anti-science battle against the benefits for all with coverage, gone; no- Hospitals in COVID–19 hotspots safe and mainstream reproductive cost contraceptives for women, gone; around the Nation were full of Ameri- health medication formerly known as cheaper prescription drugs for seniors cans at that time who were dying alone RU486. The bill they proposed, which on Medicare, gone; Medicaid coverage amid a global contagion that had shut Democrats have blocked, comes down for millions and millions of Americans, down our country. Not even a nation- to a backdoor ban on safe and legal gone. Most importantly, colleagues, be- wide public health disaster could get medication for reproductive cause of the Affordable Care Act, mil- Donald Trump to reconsider his posi- healthcare. Major new regulations re- lions of Americans can go to bed to- tion on the Affordable Care Act. strict women’s access to essential, night knowing that they will have se- If Donald Trump wins the Supreme time-sensitive medications, putting cure, decent healthcare when they Court case, having had the coronavirus the government right in between wake up in the morning. If the Trump will be a preexisting condition, and in- women and their doctors. This is lawsuit is successful, that, too, will be surance companies can use it to dis- wrong, wrong, wrong. It was wrong gone. That is the Trump agenda on the criminate against you. when Republicans were waging the Affordable Care Act—ripping it out by It obviously goes without saying that same ideological battle 30 years ago the roots no matter how much pain is the Trump agenda would leave Amer- and wrong when you now try to take inflicted on the American people. ican healthcare in ruins. He has fraud- away women’s reproductive healthcare By the way, I made mention of the ulently promised a new and com- choices, because more women will die. Gray Panthers. Let’s understand. In prehensive healthcare plan. We stopped What sense does it make to bring this this country, we always love to move counting after 9 or 10 times, but it is anti-science and anti-women’s health forward. This is a direct trip back. The all a fraud because all this administra- proposal forward in the middle of a rag- Affordable Care Act locked in protec- tion has done since day one is make ing pandemic? tions for those with a preexisting con- healthcare worse and more expensive Today, the country crossed a horren- dition who had faced discrimination. A for Americans. dous milestone—200,000 American lives victory for Donald Trump in court I have tried to point out that even lost to COVID–19. All that mass death means you turn back the clock to the Medicare is headed for a crisis because and suffering. Republicans aren’t work- days when healthcare was for the of Donald Trump and his incompetent ing across the aisle to close the short- healthy and wealthy because that is administration. He knew the age gap on personal protective gear or what you have if you allow discrimina- coronavirus was highly contagious and expand access to care; they are busy tion against those with preexisting a lethal pandemic, but he denied it for spending time waging an endless cam- paign against women getting conditions. weeks and weeks while the virus spread In 2017, the President tried and failed nationwide. When the pandemic even- healthcare. With the passing of Justice Ginsburg, to get the Congress to repeal the Af- tually exploded, the economy shut the campaign reaches a new stage. In fordable Care Act, so he couldn’t get it down, and that has been devastating, my view, it is not just a question of done. My colleagues here, Senator as I have pointed out, to the finances of what happens to Roe v. Wade or access SCHUMER and Senator MERKLEY—we all Medicare. The Medicare trust fund will to therapies and drugs; it is about a remember that night and John be insolvent within 4 years during the much bigger and more dangerous prop- McCain’s hugely consequential role. next Presidential term. osition—government control over wom- Donald Trump couldn’t get the Con- So we have said on the Finance Com- en’s bodies. Donald Trump and the Re- gress to repeal the Affordable Care Act, mittee, where we have jurisdiction over publican Party are working toward so now he is trying to do it at the Su- Medicare, that whoever wins this elec- tion is going to be in charge during the that kind of government control, and it preme Court. means government control over wom- Donald Trump’s Department of Jus- biggest crisis Medicare has ever faced. en’s futures. That is what is at stake. tice is bringing to the Court—along If Donald Trump is in charge, I believe That is what Justice Ginsburg fought with dozens of Republican State attor- it will be the end of the Medicare guar- so hard against. antee of defined, secure, and high-qual- neys general—what I think is a lot of She has left, as I call it, an astound- ity benefits for the older people of this legal nonsense, but that might not ing legacy of fighting on the side of matter to far-right activist judges who country. Seniors may have to figure fairness and equality again and again would seize this opportunity to hand a out some other way to pay for for so many people who didn’t have big, big win to the insurance compa- healthcare, prescription drugs. power, didn’t have clout, and didn’t The bottom line is, wiping out the nies, the drug companies, and other have lobbies. What an American hero. guarantee of healthcare is what the special interests at the expense of In my view, she has made it clear for Trump agenda has always been about— Americans who are vulnerable. all of us here that now, to protect her gutting the Affordable Care Act Particularly after Justice Ginsburg’s legacy, we have an immediate, five- through regulations, bringing back passing, there is a real chance that the alarm, DEFCON issue, and that is junk insurance, and cutting access to Supreme Court will hand down a par- healthcare, healthcare, healthcare. tisan ruling giving the President the women’s healthcare. If Donald Trump As I have been saying since late Fri- win he wants so much over the Afford- fills the Ginsburg seat and has the Su- day night, if you don’t trust Repub- able Care Act. If he gets to choose the preme Court totally on his side, you licans with your healthcare, you can- person who takes the seat held by the can bet the courts will be siding not trust Republicans with this elec- revered RBG, the Affordable Care Act against typical Americans and for spe- tion or this Supreme Court seat. will be gone, and the Republican cial interests with every opportunity. I yield the floor. healthcare agenda is coming, and it is Let me close simply by touching on The PRESIDING OFFICER (Mr. coming after vulnerable Americans one other vital healthcare issue. Wom- ROUNDS). The Democratic leader. from sea to shining sea. en’s healthcare—particularly reproduc- Mr. SCHUMER. Mr. President, I will Donald Trump might tell you some- tive healthcare—is right at the center be brief. thing different, but the American peo- of this debate about the future of the First, I want to thank all of my col- ple know he doesn’t often tell the truth Ginsburg seat. Republican lawmakers leagues who have already spoken and about healthcare. Once in a while, the have been trying to throw that away who will speak. We have over 15 of our truth does come out. That is what hap- after more than 45 years of settled law. colleagues talking about this issue be- pened one day back in May, the last They have been fighting to go against cause it is so vitally important to the day he had the opportunity to pull out the majority opinion of the American American people. of this anti-ACA lawsuit before the people and overturn Roe v. Wade, deny- Now, let me tell you a little tale. Court. The President was asked wheth- ing a woman’s right to access to About 40 or 50 years ago, after Barry
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.050 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5761 Goldwater lost for the Presidency, led by some very narrow, greedy people One of the tactics she undertook was some of the hard-rock conservatives re- who don’t want to pay any taxes and to argue cases where men were being alized that they had to create some- who don’t want any government regu- discriminated against because they thing that would help them realize lation. They are rich and powerful. were men, and by winning those cases, their goals, and it gradually grew and They don’t want anyone interfering she established a principle where nei- grew and grew and by 1980 was very with any of that. ther men nor women could be discrimi- strong with the election of Ronald We will rue the day—rue the day— nated against. Reagan. that we add another hard-right Fed- There is the Frontiero v. Richardson At that point, these conservatives re- eralist Society-approved jurist to this case in 1973, where a female Air Force alized that their views would never be Supreme Court, and America will have lieutenant sued to get the benefits for enacted by the elected branches of gov- a very, very difficult time recovering. her husband that a male member of the ernment—the article I branch and the I urge my Republican colleagues, who military would normally get for his article II branch—because their views know the hypocrisy of saying to wife. By winning that case, she opened were so far to the right of not only the Merrick Garland ‘‘You shouldn’t go the door to the concept, the principle, average American but even the average forward’’ but to this new nominee ‘‘You that gender discrimination is not ac- Republican. They realized that the one should,’’ for the sake of this body, for ceptable under our Constitution. way they could move America in their the sake of the country, for the sake of She put forward and argued the case hard-right direction was the courts, progress, for the sake of the viability of Weinberger v. Wiesenfeld in 1975 just the nonelected branch. They endeav- and forward advance of our citizenry, 2 years later, again, arguing for a man ored to place, through many different think twice—think twice. who, as a spouse, was denied Social Se- organizations—at the top of the list, It is going to be a sad day in America curity benefits that were available to a the Federalist Society, but many oth- and will lead to very bad consequences woman as a spouse and, by winning ers—these people, many of whom they for this country if a solid, hard-right that case, more deeply established the had cultivated since they were in law majority on this Court is able to rule premise that under our Constitution, school, on the bench. over our lives. you cannot discriminate on gender. This vacancy caused by the unfortu- I hope, I pray, and I will do every- She went on to the Court and had nate death of RBG would lock in this thing I can to see that that doesn’t many momentous decisions that she hard-right agenda for a generation—for happen. wrote and dissents that she wrote. One a generation. All the things that people I yield the floor and thank my col- of the cases that she wrote the major- in America believe in could be undone league for his yielding for these brief ity opinion on was an 7-to-1 case to by an unelected group, the Supreme moments. overturn Virginia Military Institute’s Court of the United States. The PRESIDING OFFICER. The Sen- men-only policy, arguing that it vio- As my colleague from Oregon just ator from Oregon. lated the 14th Amendment’s equal pro- outlined, healthcare would be so far Mr. MERKLEY. Mr. President, I join tection clause. away from what the American people my colleagues here on the floor tonight She wrote the following: ‘‘Women need. to honor and pay tribute to a remark- seeking and fit for a VMI quality edu- The right of a woman to choose. The able legal mind, an incredible Amer- cation cannot be offered anything less, right of a woman to healthcare. The ican, an icon, an inspiration, and a under the State’s obligation to afford ACA, which they want to repeal, which wonderful human being: Justice Ruth them genuinely equal protection.’’ will go before the Court, has protec- Bader Ginsburg, known to the younger She continued: ‘‘Generalizations tions for women’s healthcare—gone. generation as the ‘‘Notorious RBG.’’ about ‘the way women are,’ estimates The right of unions. This Court, even RBG was born into a world in which of what is appropriate for most women, without such a conservative majority, few, if any, opportunities existed for no longer justify denying opportunity pushed forward the Janus case. I be- women beyond the role of wife and to women whose talent and capacity lieve their goal is to eliminate all mother. She helped build a world in place them outside the average descrip- unions and make America a right-to- which the doors were opened; the doors tion.’’ And a law that ‘‘denies to work country, as they have endeavored of opportunity were blown wide. It was women, simply because they are to make many States right-to-work. a powerful, powerful undertaking, and women, full citizenship stature—equal LGBTQ rights, passed because of the she was extraordinarily successful in opportunity to aspire, achieve, partici- courageous actions of Justice Kennedy, it. pate in and contribute to society,’’ vio- could be evaporated. She graduated from high school at 15. lates the equal protection clause. Eight Climate, dealing with climate She went on to college. She went on to to one, that is a massive victory. change—we could see the Clean Air law school. She graduated in a class of I thought it was very interesting, the Clean Water Act eviscerated by this 500 students, and she tied for first in point she often made in her dissent. new rightwing Court. her class in 1959. I was 3 years old at The Supreme Court decided in the 2007 Voting rights—one of the most awful that point. case of Ledbetter v. Goodyear Tire & decisions, the Shelby decision, led by Then she applied for jobs, and she Rubber Co.—the majority said: Do you Chief Justice Roberts, where they said faced the discrimination of ‘‘You are a know what? If you have been discrimi- ‘‘Oh, there is no more discrimination in woman, so we cannot hire you at our nated against in pay in your job, and America; we don’t need the Federal corporate law firm.’’ you learn about it years later, you can Government to protect voting Then she applied for clerkships with no longer appeal for redress because rights’’—undone, and we have seen the Supreme Court, and the Supreme you would had to have come to the what happened throughout the country Court Justices said: You are a woman, Court at the moment the discrimina- since then. and our doors are closed to you. tion first occurred. Of course, that was And civil rights—just about anything Perhaps this was a fortuitous mo- a catch-22, an impossible situation. If that this country has made progress on ment because she went on, therefore, you didn’t know about it, you couldn’t and holds dear—will be undone by this to take on a job as professor at Colum- possibly come to the Court. She ad- new Court. bia University and from that to lead dressed this, and she said: The major- This is not just a political debate be- the Women’s Rights Project at the ity does not ‘‘comprehend, or is indif- tween Democrats and Republicans. I ACLU. As director of the ACLU Wom- ferent to, the insidious way in which tell the American people: Everything en’s Rights Project, she argued six women can be victims of paid discrimi- you need and want—just about every- landmark gender discrimination cases nation.’’ So she called on Congress to thing—will be taken away inexorably, before the Court. Plain language, great act to address, really, this mistaken month after month, year after year, de- heart, brilliant logic, and considerable opinion of the Court. And we did so in cision after decision, by this new legal tactics went into winning five of 2009, the first year I came to the Sen- Court, which, as my colleague from those six cases—an incredible record ate. Rhode Island has ably documented, has for anyone who has appeared before the There is another dissent that I think been put forward by a hard-right group Court. was powerful: Shelby County v. Holder.
VerDate Sep 11 2014 05:35 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.051 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5762 CONGRESSIONAL RECORD — SENATE September 22, 2020 The majority struck down Voting documentary, it made this quote fa- Eventually that fell before the Court, Rights Act protections against voter mous for a generation. so then they pursued the development suppression and intimidation, arguing I was struck by this sign, which I of the supermajority blockade of deci- that those things no longer exist. It is thought basically summed up her en- sions being made in this very Chamber, as if you have a penalty for robbery tire efforts on women’s rights. It is a on behalf of racism. The supermajority that is so effective that everyone quits quote of hers that says: ‘‘Women be- was forged in the fires of racism. For 87 robbing, so you get rid of the law; the long in all places decisions are being years, no law was blocked by this Supreme Court strikes down the law made.’’ You can see at the end the mas- Chamber, by the supermajority, except that says that robbery is an offense. It sive number of flowers and signs people civil rights. made no logical sense. However, in her have left in front of the Supreme Then this battle expanded. It ex- dissent, she described it in a way we Court. panded to issues of corporate power can all understand. She said the ruling Then I saw this, which summed up a versus consumer rights, corporate was ‘‘like throwing away your um- young woman’s commentary on that power versus working conditions. This brella in a rainstorm because you are principle: is where we come to the current battle not getting wet.’’ I grew up never knowing there was a glass between the Federalist Society weigh- The foundation she laid on gender ceiling because of you. Thank you, RBG. ing in on behalf of government by and discrimination created the foundation So we mourn her loss. She was a for the powerful versus those who be- for similar arguments to end LGBTQ champion for opportunity for all. She lieve in the vision of our Constitution discrimination. They came to play in was a champion for so much that goes of government by and for the people. Romer v. Evans, where the Court over- to making this world a better place for So we have lost Ruth Bader Gins- turned laws around the country that ordinary people—ordinary people— burg, who honored our constitutional criminalized gay sex, or Obergefell v. which brings us to the challenge we vision, and we have a President and a Hodges, the case that established mar- have before the Court because realize majority in this Chamber who are in- riage equality, or the case of Bostock that the Supreme Court has become a tent in packing the Court on behalf of v. Clayton County, decided this year, very powerful, nine-member, ap- the wealthy and powerful. There is at this moment just tremen- that banned employment discrimina- pointed-for-life superlegislature. dous damage being done to the integ- tion against LGBTQ workers. So her It is not calling balls and strikes any rity of this body because the same arguments reverberate in continuous longer—no. It is a setting for a pitch party in the majority 4 years ago said: ways. battle between the original vision of Losing her is a very powerful and dif- our country—‘‘we the people’’ govern- We have a principle—the McConnell rule—that if a seat becomes vacant ficult moment because of her cham- ment or, as Lincoln said, government during an election year, we must listen pionship of opportunity in this coun- of, by, and for the people—and a dif- to the people and let them decide try. So on Sunday night, I went down ferent vision for our country; a Fed- whether the current President or a dif- to the Supreme Court. I had thought eralist Society vision for our country; ferent President decides. Will it be the about it on Friday night when word a vision of, we the powerful minority Republican nominee or the Democratic passed of her dying. On Friday night, I want to control the government for our nominee? own benefit. That is the battle that is thought: It is going to be a scene of They took that vote, and they went being waged on the Court. Is it govern- confrontation, of people with bull with it. Many spoke out in favor of it, horns yelling at each other and con- ment by and for the people or govern- of the principle. Many said: This is the fronting each other. That doesn’t fit ment by and for the powerful? absolute right thing to do—even This has been a battle that has been how I want to honor her. And I thought though it was the first time in U.S. his- waged since our 1787 Constitution. In on Sunday night: I need to go and be at tory that this body did not debate the the Supreme Court. I was so relieved to 1781, we had our first Constitution, the nomination or vote on the nomination, find that there was not a scene of con- Articles of Confederation, and the mi- breaking the protocol of our entire his- frontation; there was a scene of hun- nority view of the White, wealthy, pow- tory in order to steal a Supreme Court dreds of people coming to honor her erful South was protected by a require- seat from President Obama and pass it championship of opportunity in our ment for a supermajority in that first on to the next President. country, the role that she played for so Constitution, the Articles of Confed- So here we are, 4 years later, much many so often as an advocate and as a eration. deeper into an election year. In fact, Justice. The Founders said: This isn’t govern- the election has already started, with This is a piece of what it looked like, ment by and for the people. This is not many absentee ballots having been de- although you have to kind of multiply government by and for the people—no. livered, having been voted, having been the flowers and everything you see The majority will is the power of gov- returned. So any form of integrity over a huge expanse. This is just a ernment by and for the people. would be to honor the McConnell rule small portion of it. So that was embodied in the Con- from 4 years ago and say: What we did I was very struck by watching people stitution we have now, that vision of 4 years ago was principled. We said we kneel down to write with chalk— ‘‘we the people.’’ believed in it. It helped out the Repub- women, men, boys, and girls—to say That minority from the South, want- licans enormously, but, you know what she meant to them, what she ing to protect slavery, said: We need what, we are principled individuals, meant to this country, and what she strategies to prevent the majority from and so we are going to stick with the meant to striking open the doors of op- eliminating slavery, and we have to same frame that we argued before the portunity. make sure that there are no civil public 4 years earlier. Then I started reading some of the rights granted to individuals of color in So I ask my colleagues, are there not things that were being written. This is our Nation who might undermine our a whole number of you who will come one of them. This says: ‘‘We can be- complete control of the governments at together—together—and say: Yes, we cause she did. Thank you, RBG.’’ the State level. have integrity with the decision we In another written sign, there was a That minority said: We are very made 4 years ago, the McConnell rule quote: wealthy, and we don’t want any laws we argued 4 years ago, the rule that ‘‘I ask no favors for my sex. . . . All I ask that undermine our wealth, so we need gave a Supreme Court seat to Presi- of my brethren is that they will take their a strategy to control and prevent the dent Trump and took it away from feet off our necks.’’ Give us opportunity. people from getting fair wages and fair President Obama, for the first time This is actually Ruth Bader Ginsburg working conditions because that means stealing a Supreme Court seat in our quoting Sarah Grimke of South Caro- we make less money ourselves. history? But we are going to honor lina, born in 1792. Sarah became the So they pursued a strategy called that same principle today. country’s first female abolitionist and nullification, a strategy that said no I ask my colleagues, search your early pioneer of the women’s move- Federal law will have any impact on hearts. I ask, do you want to be re- ment. When Ruth Bader Ginsburg our State unless we endorse it at the membered in this role of so fiercely ad- quoted her in the ‘‘Notorious RBG’’ State level. vocating a principle that benefited you
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.053 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5763 then and so fiercely violating it now, merely as barriers to her obvious tal- er of our country, not because she had to your own benefit once again, doing ents and potential but as a vicious an important title or wore a black so much damage to the integrity of threat to our country’s full potential. robe—although, she wore it as well as this Chamber and so much damage to She knew that any country that would anyone in the countless images of her the vision and principle of government deny a single person’s chance to make reproduced on T-shirts and tote bags of, by, and for the people? a contribution on account of their race and onesies, as the ‘‘Notorious RBG’’— Let that not be the case. Let every or their gender or their religion or but because she knew where we had Member come here to the floor and to- whom they loved will never fully flour- fallen short and dedicated her life to gether actually hold a debate. ish. Tearing down these barriers be- calling America closer to our best tra- We see no Members on the floor came the cause of her career. ditions of equality, liberty, and oppor- today—Republican colleagues. Hav- She rose to become a full professor at tunity for all, because the young Joan ing—many of them—stated that they Rutgers Law School and founded Amer- Ruth Bader knew America would be are quite ready to violate the principle ica’s first law journal on gender issues. worse off without her. they argued so strongly 4 years ago, we Later, she returned to Columbia Law Justice Ginsburg made America more don’t know where they went. They are School, where she became the first democratic, more fair, and more free. gone. They are not here. woman to hold a full professorship. She Mr. President, before I turn it over to So let the American people call at- worked pro bono for the ACLU, co- my hard-working colleague from tention because the American people founding their Women’s Rights Michigan who is here later than he love our Constitution. The American Project. She quickly became one of the should be only because that is the kind people love ‘‘we the people.’’ The Amer- most accomplished litigators in the of person he is, working so tremen- ican people love the principle of gov- country, writing a brief the Supreme dously hard on behalf of the people of ernment of, by, and for the people and Court cited in Reed v. Reed to rule for Michigan and the people of this coun- do not want to see it trampled in an ef- the first time that discrimination on try—let me just say one word about fort to sustain a massive amount of the basis of sex violated the 14th where we find ourselves in the Senate. corporate power against the consumer, Amendment. Ruth Bader Ginsburg’s ar- I am just going to take 2 minutes to do wealthy power against the worker, and gument led the Court to overcome cen- this. racist power against civil rights. turies of narrow views about the proper I believe that American history can The PRESIDING OFFICER. The Sen- role of women in American life. As a be best understood, from the very ator from Colorado. result, the Court’s holding redefined founding of our country until now, as Mr. BENNET. Mr. President, in the American law. an epic battle between the highest summer of 1920, America ratified the Ruth’s accomplishments led to an ap- ideals that humanity has ever ex- 19th Amendment. This breakthrough in pointment to the prestigious U.S. pressed in our founding documents and our history, born of decades of setback Court of Appeals for the DC Circuit, the worst instincts of human beings. and struggle by many unremembered and in 1993 President Clinton named That is the founding that took the women who never lived to actually cast her to the Supreme Court. Her nomina- form of the institution of slavery. You a vote for what to us now is a self-evi- tion sailed through this body with 96 can draw a straight line from those dent proposition that women in this votes—a reminder of a time not so very days to these days. There is no doubt in country should have the right to vote, long ago when the Senate actually un- my mind which side of that line Ruth moved this country one step closer to derstood its constitutional responsi- Bader Ginsburg was on. equality. That is why I think it is so bility to advise and consent and what There is no guarantee that this coun- fitting that, a century later, we pay that actually meant. try is going to become more demo- our respects to the late Justice Ruth For more than a quarter-century on cratic, more fair, and more free. That Bader Ginsburg, who, more than any- the Court, Justice Ginsburg authored took the work of suffragettes; it took one, advanced the cause of equality be- rulings that promoted fairness, ad- the work of enslaved people like Fred- tween men and women over her re- vanced equality, and secured hard-won erick Douglass—another founder of markable career. rights. They upheld affirmative action this country who, in his lifetime, Justice Ginsburg’s commitment to and protected a woman’s right to changed the entire approach of the abo- equality was not the result of lofty choose. litionist movement to argue that the idealism but the hard experience of her Her dissent in one gender discrimina- Constitution was not a pro-slavery doc- life. tion case was so powerful, it inspired ument, as they were arguing at the Thirteen years after ratification of the Lilly Ledbetter Fair Pay Act, the time, but that it was an anti-slavery the 19th Amendment, Joan Ruth Bader very first legislation President Obama document and that we weren’t living Ginsburg was born to a working-class signed. up to the ideals of that Constitution. family in Brooklyn. It was the middle At the same time, she could never ac- That is another self-evident fact today, of the Great Depression, and her father cept decisions that nullified the right to us, but it wasn’t at the time that sold furs at a time when no one would to vote or otherwise limited our demo- Frederick Douglass made those argu- buy them. Tragically, her mother died cratic values, even when it was hard ments. of cancer before Ruth graduated from for some of her colleagues to perceive There is no doubt in my mind that if school. the systemic racism in our country. we find ourselves with a 6-to-3 Court, But these challenges, like others she When they were gutting critical pro- and we have replaced Ruth Bader Gins- would face, did not defeat her. They tections to the Voting Rights Act, she burg not with somebody who has an ap- didn’t prevent her from graduating had the common sense to tell them, preciation for the direction this coun- first in her class at Cornell. They you are ‘‘throwing away your umbrella try needs to go, which is to enable all didn’t exclude her from Harvard Law in a rainstorm because you are not get- of us to participate fairly and justly School, where she was one of only 9 ting wet.’’ and equally in the society, but one women in a class of 550 and had to jus- As always, she cut legal convention where the most powerful and the most tify to the dean why she had taken the and saw with clear eyes the enduring well connected are able to get the place of a man. She finished her law de- threat discrimination poses to our elec- courts to pay attention to them, while gree at Columbia, where she once again tions. She knew voters still deserved working people all over this country was first in her class, and not a single the protection of the law, and all these can’t have the basic health insurance law firm would hire her. She applied to years later, after State after State that everyone else in the industrialized clerk for Justice Felix Frankfurter on after State has passed laws dis- world has come to expect, we are going the Supreme Court, who said that, al- possessing people of important rights to be a poorer country for it. though she was an impressive can- with respect to the right to vote, she My final point is—before I turn it didate, he wasn’t ready to hire a has been proved right. over to the Senator from Michigan— woman. As we reflect on her legacy in a real the fact that we got here with a major- She understood these early firsthand sense, I would say Justice Ginsburg ity leader who has completely under- experiences with discrimination not herself should be thought of as a found- mined any sense of integrity in this
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.056 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5764 CONGRESSIONAL RECORD — SENATE September 22, 2020 body with respect to the rules—not For example, later this fall, the be in many States. In fact, later this speaking personally about him—is a Court will be taking up a case pushed week, voters in Michigan will begin real problem. It is hard for me to see by the Trump administration to com- casting their ballots. how this place will ever make enduring pletely eliminate the Affordable Care Issues before the Court are life- change that we need to make if the Act. The Court’s ultimate decision will changing, and Americans should have a American people have completely lost effectively determine the fate of voice in selecting who will choose the faith in it. healthcare for millions of Michiganders next nominee—a nominee, if con- In MITCH MCCONNELL’s Senate, words and Americans. firmed, who will serve for a lifetime. have lost their meaning. The rules are If the Supreme Court strikes down We can certainly wait for the Amer- what you can get away with politi- protections in the Affordable Care Act, ican people to be heard. The selection cally. That is the outer boundary of people with preexisting conditions will of a Supreme Court nominee can cer- where you can go. It is moments like be at risk of losing protections pro- tainly wait until after Inauguration this that I remind them this is not the vided under the law. Insurance compa- Day. first Republic that has failed. When nies will again be able to go back to What cannot wait is to help millions words lose their meaning, when prom- the days of discriminating against peo- of Michiganders and Americans suf- ises mean nothing, when commitments ple with preexisting conditions—or fering as a result of the COVID crisis. mean nothing, that is when institu- even dropping a person’s health cov- There is no question that the Senate tions fail. erage entirely—at a time when people has an important duty to advise and I, for one, hope that we will put this need healthcare the most. Sadly, being consent on nominations, but this body era behind us and not return to some a woman could also again become a must first effectively address the un- old era—I am not interested in that— preexisting health condition, leading precedented public health and eco- but build a Senate that is actually wor- to higher costs and limited options. nomic crisis now confronting this Na- thy of the 21st century, worthy of the Insurance companies will, once tion. To do so, we need to come together in example Ruth Bader Ginsburg set, wor- again, be able to impose annual or life- a bipartisan manner. I know it is pos- thy of the expectations our kids and time limits for coverage, raising costs sible. We were able to come together grandchildren have of us and that we and making healthcare unaffordable and pass robust, bipartisan coronavirus have of them and of America’s place in and inaccessible for many relief legislation in March and in April, the world. Michiganders. We also know that sen- and I remain ready to work in a bipar- We are not going to do it this way. iors on Medicare could pay more for We can’t do it this way. We have a tisan manner again to pass meaningful prescription drugs. chance to make a change, and I hope legislation again. And anyone who has arthritis, diabe- More than 200,000 Americans have that we will. tes, or cancer—or anyone who gets I yield the floor. lost their lives from this pandemic, in- I say to my friend from Michigan, sick—will see their healthcare costs go cluding approximately 7,000 in Michi- thank you for your patience and indul- up, and far too many people may be gan. The numbers are staggering. Be- gence. forced into financial ruin and bank- hind these devastating statistics are The PRESIDING OFFICER. The Sen- ruptcy if they get sick. In all, 23 mil- people—mothers, fathers, sisters, ator from Michigan. lion Americans could lose their current brothers, husbands, wives, and chil- Mr. PETERS. Mr. President, like health insurance. dren. Tragically, some are projecting countless Americans, I am grieving the In sum, I think it is unconscionable that we could see a total of 400,000 loss of Justice Ruth Bader Ginsburg. that President Trump, along with Sen- Americans die by January. As the second woman to serve on the ate Republicans, are attempting to un- There are steps that Congress must Supreme Court, and the first Jewish dermine critical healthcare in the take right now to stem the tide of this woman to do so, she was a pioneer, a midst of a once-in-a-century public pandemic. Not acting now in a bipar- brilliant jurist, and a historical giant health crisis. And it is not just tisan way to save more lives is an un- who blazed the trail for many. healthcare that is on the line when fill- conscionable betrayal of our duty to When I reflect on her life’s work, I ing this Supreme Court vacancy. protect the American people. We must think of her tireless efforts for women; Women may lose their right to their provide relief to families and workers I think of her tireless efforts to end reproductive freedom if the seminal de- who have lost their jobs through no discrimination of any kind; and I think cision of Roe v. Wade is overruled; the fault of their own and worry every sin- of her tireless work to give a voice to Court may further erode protections gle day about how to keep food on the all of those who do not have a voice. for workers and continue to undermine table and a roof over their heads. She was fiercely committed to ensur- unions; and the Court may side with We must support small businesses ing that justice, fairness, and equality large corporate special interests rather that need Federal funding to stay would reign across our country. She than ensure a level playing field for afloat and to rebuild our economy after was loyal not only to the Constitution workers. we defeat this COVID virus. We must but to the people whose lives she knew The appointment of a Supreme Court support parents and schools trying to would be affected by her rulings. nominee puts an awful lot on the line. ensure students can learn in a safe en- Within hours of the announcement of Voting rights and the core principle of vironment and keep up with their stud- her death—as Americans across the one person, one vote are on the line. ies. country mourned her loss and paid Upholding basic critical civil rights are We must step up for communities homage to her legacy—some, unfortu- on the line. Equality for millions of across Michigan and the United States nately, turned their attention imme- LGBTQ Americans who seek non- that have been on the frontline of diately to filling a vacancy and also discrimination protections is on the coronavirus response efforts. Our com- started to scheme on how to ram line, and at stake is whether the Court munities are facing massive budget through a nominee before election will protect our air and our water. challenges that could force deep cuts to day—only a little over 40 days from Simply put, the Supreme Court has essential services or layoffs of teachers now. the final word on how we address the and first responders and law enforce- It is important to remember that our major challenges of our time. In a pow- ment officials. constitutional democracy is built upon erful sense, it is the last line of defense Now is the time for us to rise to the a system of checks and balances, with for everyday Americans. challenge. Americans are losing their three coequal branches of government. With so much on the line, we should lives and their livelihoods to this cruel The Supreme Court plays an important not rush a Supreme Court nominee pandemic. I know we can turn the tide, role in determining and deciding im- through what should be a deliberative but it will take political will. It is not portant questions of law, and it rep- process. Jamming the Supreme Court too late to save hundreds of thousands resents a core pillar of our democracy. nomination through now will, without of lives and countless jobs, but we must Its rulings profoundly shape the rights question, further divide our country focus on effectively confronting the and the lives of Michiganders and all and disregards the fact that the Amer- coronavirus together, and we must do Americans. ican people are now voting or soon will it now.
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.058 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5765 Our focus should not be on rushing to I will not dwell tonight on the bla- you would expect that the big cities fill a Court vacancy. That can, and tant hypocrisy of this action. I will had a lot of coverage gains. That is should, wait until Michiganders and talk mostly about healthcare. But the true. At last count, Philadelphia had the American people have had an op- hypocrisy, I think, is well known all 225,000 people who gained coverage. But portunity for their voices to be heard these days, since Justice Ginsburg’s if you go from Philly to Fulton—Ful- and a new Presidential term to begin. passing, by so many Republicans who ton County happens to be a small coun- The COVID crisis is urgent, and it said just 4 years ago that it was the ty of 14,000 people on the Pennsylvania- must be our priority first and fore- wrong thing to do, even within 10 Maryland border. They have more than most. months in a Presidential election year, 1,000 people at last count, 1,028 people Filling a Supreme Court vacancy can to confirm a new Justice. But here we who got healthcare through the Afford- certainly wait, with voting already are, and that same party, those same able Care Act. From Pike County to under way and election day only 42 Senators, on tape over and over saying Greene County, thousands of people days away. Let’s come together in a bi- that they would not do this, are here gained healthcare. From Chester Coun- partisan way and together do the right trying to ram through another nomina- ty to Crawford County—Chester is in thing. tion. the southeast, and Crawford is way up I yield the floor. By the way, when you consider the in the northwest, just south of Erie— The PRESIDING OFFICER. The Sen- last number of months—the months of 29,000 people or almost 30,000 in Chester ator from Pennsylvania. May, June, July, and August—this and in Crawford County, more than Mr. CASEY. Mr. President, I want to body, the U.S. Senate, did little else 6,200. In my home county of Lacka- thank my colleague from Michigan for but nomination after nomination and a wanna, almost 20,000 people got outlining the stakes for the American defense bill and little else. There was healthcare. In Luzerne County next people. no action, no substantial action on a door, almost 30,000. Just in those two I will start tonight with the two prin- COVID–19 relief bill despite the chal- counties, almost 50,000 people got ciple reasons we gather tonight on the healthcare. All of that is at risk in Senate floor. We gather on this floor lenges our Nation faces. I guess nomi- nations is all we are supposed to do in Pennsylvania and in countless numbers tonight to reflect upon the life of Ruth of counties all across our country. Bader Ginsburg, to pay tribute to her the Senate. Here we go again on the most con- Medicaid expansion, which has en- life of public service and to outline, as sequential nomination that a Senate abled people to gain access to treat- so many of our colleagues have out- could consider. We know that the U.S. ment for an opioid addiction or other lined tonight, what is at stake for Supreme Court has a case before it substance use disorder issues, would be American families in a debate about that will be argued in early November destroyed. Medicaid expansion would the next Supreme Court Justice. that could be the end of the Affordable be gone. Medicaid expansion also en- Let me start with the life of Ruth sured women can receive a full year of Bader Ginsburg. Nothing we could say Care Act. In May, President Trump laid out in no uncertain terms what he postpartum care and provided coverage tonight would do justice to her story, for older Americans who are not yet el- wants to do to this healthcare law: but her story is an American story. It igible for Medicare. Prescription drug ‘‘We want to terminate healthcare is a story of hard work and struggle, a costs would skyrocket for 12 million under ObamaCare.’’ Terminate story of overcoming discrimination— seniors and people with disabilities. healthcare is his goal—in the middle of discrimination that I and so many oth- That is because the ACA closed Medic- the worst public legal crisis in 100 ers have never faced. It is also a story aid’s dreaded prescription drug donut years, a worldwide pandemic that we of knocking down barriers for women, hole. The ACA closed the donut hole. a story of defending workers fiercely, a are still suffering the effects of. We As I indicated earlier, for 135 million story of defending voting rights, and so just crossed the 200,000 death total just Americans with preexisting conditions, much more that we will talk about in hours ago or a few days ago at the their coverage is now in jeopardy if the the next number of days. most, 8,000 of those in Pennsylvania. At Supreme Court decision went the It is also a very human story, as a time when so many families have wrong way. Insurers would be able to much as it is an American story. It is been devastated either by the virus and drop them. Insurers will be able to a human story about her heroic bat- the suffering that comes with con- refuse to cover them or insurance com- tles—plural—many battles with cancer, tracting the virus or a death in the panies will be able to charge them at least two kinds of cancer, over the family—family members, deaths of more because of common diagnoses course of 20 years. This struggle, this friends and people who folks have like depression, anxiety, asthma, dia- heroic struggle, this battle helped to worked with—in the midst of an eco- betes, sleep apnea, and the list goes on transform Ruth Bader Ginsburg—then nomic crisis, a jobs crisis, in the midst from there—all the things the insur- Justice Ruth Bader Ginsburg—into an of all that, we are supposed to go along ance companies were able to do for at American icon and an inspiration to with a process to ram through a new least a generation or more in the dark millions of Americans. Supreme Court Justice and take no days before we had an Affordable Care We mourn her passing, and we will, substantial action on a COVID relief Act. in the days ahead, continue to laud her bill. Insurers would also be able to charge extraordinary accomplishments, her So much is at stake in the Affordable you more because you are a woman, al- achievements as a lawyer and a Fed- Care Act. I will try to go through a lowed prior to the ACA, or they could eral appeals court judge and, of course, long list as fast as I can. We know that charge you more because of your age. her 27 years as an Associate Justice on more than 20 million could lose cov- That also will come back. Insurers will the U.S. Supreme Court. erage who gained coverage as a result be able to reinstate the annual lifetime At the same time as we pay tribute of that act. We know that 135 million caps on coverage that they provide. If to her, we have, I believe, an obligation would lose their protections for a pre- your healthcare is too expensive, the to make it clear what is at stake, what existing condition. In Pennsylvania, insurance companies could just stop is on the line for tens of millions of those numbers translate into 1.1 and paying for it, even if you are a preemie, Americans. I will focus on one subject 5.5—1.1 million people gained coverage, a tiny little baby in the NICU, or an area tonight, healthcare. We know that although that number is down now be- adult with a terminal diagnosis. after failing to repeal the Patient Pro- cause of Republican efforts over the The essential health benefits would tection and Affordable Care Act numer- last couple of years here in Wash- also go away. Insurers will be able to ous times—and ‘‘numerous’’ is an un- ington. But 1.1 million gained cov- carve out benefits you need, like ma- derstatement—after failing that many erage, and there are 5.5 million in the ternity care or mental healthcare. As a times, Senate Republicans, along with State with a preexisting condition. woman, you might not be able to find the President, will try now to ram If you go down the list of counties, a plan to provide care during your through a Supreme Court nomination which I will not do all 67 tonight, but pregnancy, unless you have insurance that could, and very likely will, be the I just want to give you some sense of through your employer. For people deciding vote to destroy the Affordable what it means by county. In terms of with disabilities, the ACA is obviously Care Act and all of its protections. Pennsylvanians who gained coverage, essential.
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.059 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5766 CONGRESSIONAL RECORD — SENATE September 22, 2020 A Court that would destroy the ACA the country that is already trying to know what to do, and who have no good would allow for discrimination against make progress, trying to expand pro- options. the 61 million Americans with disabil- tections. We have done that for genera- Yet now, after months of inaction, ities—let me say that again—the 61 tions. We made an advancement in 2010 Leader MCCONNELL gets out of his of- million Americans with disabilities when we passed the Patient Protection fice from down the hall, walks down that have preexisting conditions. Prior and Affordable Care Act. We cannot here, makes a speech, and goes back to to the ACA, it was routine that people allow this institution—the institution his office. He doesn’t actually do any- with disabilities could not get health of Congress—or the Supreme Court to thing except confirm young, rightwing insurance. Prior to the ACA, if you had destroy that act and to undermine that judges. He doesn’t do anything to help epilepsy, autism, or spina bifida, or any American progress. people who have lost their unemploy- disability, you could be denied cov- I yield the floor. ment. He walks down here, through erage. You could be charged much The PRESIDING OFFICER. The Sen- these doors, and doesn’t do anything to higher costs. A Court that strikes down ator from Ohio. help schools open safely. He doesn’t do the ACA will be a Court that directly Mr. BROWN. Mr. President, I have anything to prevent layoffs in State attacks the disability community. my favorite Abraham Lincoln and local governments. He doesn’t do That is why so many members of that quotation. One day, he was in the anything to help these small businesses community came to Washington in 2017 White House with his family and his which are closing, and some now have and fought valiantly to uphold the Af- staff. His staff said: You have to stay made the decision to close perma- fordable Care Act. They knew that in the White House and win the war nently, but Leader MCCONNELL is will- their life was on the line. It wasn’t just and free the slaves and save the Union, ing to drop everything and move Heav- an issue for them. Their life was on the and Lincoln said: No. I have to go out en and Earth to put another corporate line. and get my public opinion bath. shill on the Supreme Court. Prior to the ACA, there are stories I I don’t think that too many people in Leader MCCONNELL has spent the last heard from Pennsylvanians every day— this body are getting their public opin- 6 months ignoring the pandemic, ignor- and I am sure so many other Senators ion baths. They are not seeing the pain ing the economic crisis. Now he wants did, as well—stories about people who, out there. They don’t seem to absorb to pack the Court—a Court that is sup- in addition to living with disabilities that, one day in August, in my State, posed to serve the American people— or facing a serious illness or other med- as an example, 600,000 people—just like with another Justice who always rules ical needs, were worried about paying that—lost their $600-a-week unemploy- for corporate special interests and al- their bills. ment insurance. In Wisconsin and For so many families, this isn’t an ways rules against workers. It will be issue that we are going to be debating Rhode Island, for hundreds of thou- another Justice who will take away, as in Washington—some far-off, abstract sands of people—just like that—their Senator CASEY said, Americans’ issue. This is real life for people. Moth- $600-a-week unemployment insurance healthcare in the middle of a pan- ers and fathers will be worried that expired. They couldn’t find jobs. There demic. their children will not have the cov- is massive unemployment in our In my State, 900,000 people have erage they need, that their family will States. There are people who are hurt- health insurance today because of the not be covered—worries that, if they ing. What are they to do? If you are Affordable Care Act—600,000 people be- have not been eliminated, have been just getting by on that $600 a week and cause Governor Kasich, a Republican, greatly mitigated by the coverage and if the money doesn’t come and if you and I, a Democrat, helped to expand the protections of the Patient Protec- can’t find a job, what are you to do? Medicaid in Ohio. There are 600,000 peo- tion and Affordable Care Act. How are you to feed your family? ple who have insurance because of that. We have to ask ourselves a question There is so much anger out there and Yet we know this Court will be hearing as the Court considers this case just a frustration and futility. People are a case to overturn the entire Afford- few days after election day. We have to hurting. Yet President Trump and able Care Act in just a few weeks. That ask ourselves a number of questions, Leader MCCONNELL refuse to do their insurance could be gone like that. but certainly we should ask ourselves: jobs. We have asked them for weeks Leader MCCONNELL and President Will the United States of America turn and months to come back here and help Trump and their special interest the clock back on insurance, turn the us open the schools safely, to help local friends are trying to do what the Amer- clock back on healthcare for so many communities and local governments, to ican people rejected over and over. millions of Americans? Will we allow help unemployed workers, to help peo- They want to take away preexisting the Federal Government, either ple who are about to lose their apart- condition protections in Pennsylvania, through the Congress, which so far we ments—who are about to be evicted. where Senator CASEY said 5.5 million have prevented, or through the Su- Leader MCCONNELL says he doesn’t people have preexisting conditions. In preme Court or any Federal court—will have a sense of urgency, and President Ohio, 5 million people—essentially half we allow a Federal Government entity Trump just turns his back and makes the adult population—have preexisting to rob people of the protections that another speech. conditions, and that was before the they received through the Affordable Middle-class and low-income public pandemic. So we know, if this Court Care Act, like protections for a pre- schools can’t open because MCCONNELL does what it is likely to do, especially existing condition? Will we allow all of and Trump refuse to do their jobs. Par- if Leader MCCONNELL and President this in the middle of a pandemic, the ents and teachers are under an over- Trump can pack the Supreme Court worst public health crisis in a century whelming amount of stress. School dis- the way they want to with another spe- here in America and around the world? tricts and families don’t have the re- cial interest, corporate judge, we know Will we allow any agency or any offi- sources for the additional technology those people’s preexisting condition cial to turn back the clock on for the safety precautions they need, so protections will be gone. healthcare in the middle of a jobs cri- schools either open unsafely or stu- American healthcare is at stake. The sis? We have had double-digit unem- dents need to do distance learning. American people deserve to have their ployment in Pennsylvania for months None of that works for people. State voices heard. As Senator PETERS said, now. They are the highest unemploy- governments and local communities people are already voting. As we speak, ment rates we have seen since 1983, and are looking at massive layoffs, and they are casting ballots. These ballots for a period of time this summer, they small businesses are closing in larger should count. We know what Senator had been the highest unemployment and larger numbers, but Leader MCCONNELL and their wealthy friends rates we had seen in more than 50 MCCONNELL and President Trump want to do. They want to award more years. We have a jobs crisis in the mid- refuse to lift a finger. power to themselves, and they want to dle of a pandemic, which has caused a The stock market is back up, so they take it away from voters. lot of people to already lose their seem to think everything is fine. They We simply can’t stand by and watch healthcare. are just oblivious to the families. They a bunch of millionaires with good That is not who we are if we say we are oblivious to the families who are healthcare for all—all paid for by tax- are American. America at its best is staring at stacks of bills, who don’t payers—who still have comfortable
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The House Republican majority obediently obeys safely, not to get more money for test- sends over legislation, and it piles up Senator MCCONNELL, as they always ing; my colleague tried to pass yet an- in stacks on MITCH MCCONNELL’s desk. do, and Senator MCCONNELL, down the other restriction on a woman’s ability We legislate, maybe, four or five things hall, obediently obeys President to get safe, effective healthcare. in an entire session of Congress. That Trump—meaning, if MCCONNELL and It is pretty clear where their prior- is weird. We are a legislative body. We then almost all of the, shall we say, ities lie, and we know what we need to are supposed to legislate. Why the spineless Members of this Senate put in do. All Americans need to speak out elimination of legislation? place a Justice who will take away the and share their stories. Make the peo- We have smashed through and de- entire healthcare law and take away ple who are supposed to serve under- stroyed norm after norm, tradition the tax credits to help people afford stand what is at stake for you and your after tradition, rule after rule. Why is health insurance—then protections for family—what is at stake by Senator that? Do people get some perverse glee preexisting conditions will be gone. MCCONNELL’s and President Trump’s in smashing norms and traditions? Do Ohio’s entire Medicaid expansion for inaction. There will be no help for un- people get some perverse glee in not 600,000 people—gone. The ability to employed workers, no help to open passing legislation when they are sent stay on your parents’ insurance until schools safely, no help for local com- here to legislate? It doesn’t make any you are 26—gone. More affordable pre- munities, no help for the Postal Serv- sense. scription drugs for seniors from closing ice, no help to run our elections safely Then you look at those on the other the doughnut hole—gone. Limits on and honestly. Tell people what is at side and their 180 reversal. When they how much you pay out-of-pocket each stake. It is the public who saved the wanted to stop a Supreme Court Jus- year—gone. This will be in South Da- ACA in 2017, and the public can do it tice, we heard about how important it kota, in Wisconsin, in Connecticut, in again. was that, before an election, the Amer- Rhode Island, in Ohio—all over. Free For us in the Senate, it comes back ican people got to weigh in through preventive services, like mammograms to one question: Whose side are you on? their votes and that you shouldn’t have and bone density screenings, will be Are we going to put money into peo- a nominee appointed to the Court in gone. The list goes on. ple’s pockets? Are we going to help the months before an election. Here we That is why the Affordable Care Act people pay their rent? Are we going to are, weeks before an election, and, sud- wasn’t repealed—because the American finally mobilize America’s vast manu- denly—whoop—180. Why the hypocrisy? public knew what it did for them, and facturing talent and ingenuity to Did someone come and do one of those they said to their elected officials: produce the tests and the N95 masks hypnosis parlor tricks on people so Don’t repeal it. Yet now we are going and the other equipment we need and they would suddenly do the opposite to have legislation from the bench. All do what Senator BALDWIN advocates, thing from what they wanted to do? of these conservatives on the Court which is to ‘‘buy American’’ with these What is the explanation for the love to talk about just being constitu- products? Are we going to get support elimination of legislation? for the tional, just being traditionalists and for our schools and our small busi- smashing of norms and traditions? for strict constructionists. No. They want nesses and our local communities or is the reversal of the precedent on imme- to legislate from the Court. They want the Senate going to follow the Trump- diate preelection confirmations? We to undo what this body did and then re- McConnell plan? That means to come are even seeing intense support for a fused to undo. out of your office, to walk down the Supreme Court nominee when we don’t That is what is at stake. Five million hall, to open these doors, to go to your even have a nominee. Ohioans who are under the age of 65 chair, to make a speech, and try to There is a phrase about a pig in a have preexisting conditions—as I said, confirm another conservative lifetime poke. You are not supposed to buy a half the population of our State before judge. Yet don’t worry about unem- pig in a poke. You are not supposed to the coronavirus. ployment. There are only 600,000 people buy a piglet in a bag when you haven’t It is not just healthcare. It is the in my State and only millions around had a look at the piglet to see what is ability to vote. It is workers’ protec- the country who don’t know what to do in there. tions on the job. We know at a packing because they have lost their unemploy- We haven’t seen the look at what- plant in the Presiding Officer’s State— ment. Don’t do anything about opening ever—to use the analogy the piglet in at Smithfield, a plant and a multibil- schools safely. Don’t provide any dol- the bag would be. Yet everybody is al- lion-dollar company that is owned by lars for local school districts. Don’t ready lined up to support getting that the China Communist Party—it had help small businesses. person through quick, quick, quick. 1,290-some workers who were diagnosed Is that what we are going to do? Is That is not normal. That is weird. Peo- with the coronavirus. It was the first the Senate going to follow that Trump- ple don’t ordinarily express their sup- time the administration ever did any- McConnell plan? They do nothing port for nonexistent nominees. thing to any company whose workers there, but then they think: Let’s do So what explains all this weirdness? had gotten sick with the coronavirus. something. We will drop everything to What I think explains all this weird- They fined this multibillion-dollar grab more power for our wealthy ness is that a very, very powerful group China Communist Party company, friends. of very, very big special interests has Smithfield, in the United States, and People are tired of feeling like no one glommed itself together and over South Dakota fined it $13,000. That is is on their side. Let’s actually listen to years, over decades, has built up an ap- $10 for every sick person, for every sick the people whom we serve. Let’s make paratus specifically to control the worker. Those are the kinds of people sure their votes count. Court—specifically. you will see on the Supreme Court. I yield the floor. If you look at the Washington Post They will be protecting those compa- The PRESIDING OFFICER. The Sen- report on Leonard Leo and his Fed- nies. ator from Rhode Island. eralist Society perch and the bizarre The freedom to organize a union is at Mr. WHITEHOUSE. Mr. President, I little web of front groups that he has stake. The progress we have made on stand in a distressing place of speaking woven around that perch, you will see equality, on civil rights, and on after Senator BROWN, of Ohio, and be- that they have documented more than LGBTQ equality is at stake. Whether fore Senator BLUMENTHAL, of Con- $200 million flowing through that we can bring racial justice to our jus- necticut, but I am delighted to be here setup—more than $200 million. tice system is at stake. America’s pri- tonight because the issues are so im- So here is how it works right now: vacy rights in the digital age are at portant. When you have a Republican President,
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.079 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5768 CONGRESSIONAL RECORD — SENATE September 22, 2020 the President doesn’t pick the nomi- that they would have a veto or a voice Do you think you could get a bill nee; a special interest group picks the in who got on the Supreme Court? That through the House and Senate—even nominee—the Federalist Society. is a ridiculous proposition. controlled by Republicans—that al- Trump said so. That is where he got his It doesn’t end there. Once the Fed- lowed unlimited corporate special in- list. His lawyer Don McGahn said so. eralist Society has selected the nomi- terest spending in elections? Of course He said he was in-sourced from the nee and once the Judicial Crisis Net- you couldn’t. It would be a ridiculous Federalist Society. work has done its thing to support proposition. People would get laughed Over and over again, people involved them with millions of dollars in TV ads at when they went home. There would in the process say: We take our judicial and then they get confirmed, then be town meetings. People would throw selection picks from the Federalist So- comes the Pacific Legal Foundation or tomatoes at them. But you put five of ciety. And when they say that, what do the Washington Legal Foundation or the right Justices on the Supreme they mean? The Federalist Society is the Mountain States Legal Foundation Court, and they will make it the law of just a corporate screen. It is an entity. or one of innumerable, phony-baloney the land for you. Unlimited special in- It does things on college campuses that legal foundations, all of which, guess terest funding. Sure, we are for that. have think tanks here. But what does what, are also supported by dark What a great idea. money—the anonymous money behind it really mean? It means that the peo- Getting rid of voting rights. Dis- the Federalist Society, the anonymous ple who are putting tens of millions, abling the Voting Rights Act. We voted money behind the Judicial Crisis Net- hundreds of millions of dollars anony- in enormous bipartisan numbers to re- work, and then the anonymous money mously into that organization are get- authorize the Voting Rights Act. It behind these groups, which then bring ting a voice or a veto in the makeup of took five unelected, lifetime-tenured carefully strategized cases before the the Supreme Court. They are not even Supreme Court Republican Justices to judges who have been selected and having to show who they are, and the say: No, no, no. We know better. Rac- Federalist Society does the screening campaigned for by dark money. Then the dark money groups bring ism is over. We know that racism is for them. the case in. So far, the five Republicans over because we are such brilliant peo- You don’t put tens of millions of dol- ple up in our little preserve in the Su- lars into a group and not expect a re- on the Court have been very good about lowering the standing require- preme Court. sult. If you give tens of millions of dol- They found that racism was over. We lars to a university, not only do you ments so that those cases get right in and they can hear them. Then the case didn’t have to worry about it anymore. expect your idiot kid to get into the Pre-clearance didn’t have to happen. It university, but you also expect them to is before them, and what do you see? You see a dozen phony front groups could never have passed. But get five name a building after you. So if you with anonymous funding all show up as on the Court, and they did it. are going to put that kind of money friends of the court—amici curiae they And then, of course, terminating the into the Federalist Society, you are call it in court-speak. Affordable Care Act. We know that going to want something for it. To say I did a brief recently on the Con- can’t be done by Republican-controlled that is not rational makes no sense at sumer Financial Protection Board bodies because this Republican-con- all. It is inconsistent with human be- case, and we showed the common fund- trolled body failed to do it. So where do havior. ing of the other amici who showed up— I will tell you that if you took the you go? Oh, right—to the Court, where a dozen of them, all funded by the same names off the players and asked people we can get a 5-to-4 decision that does organizations. They are not separate. things that legislators wouldn’t do— in this room ‘‘Should anonymous spe- A group called the Center for Media cial interests with tens of millions of wouldn’t hold their nose and do. And Democracy took a look at our brief and sure enough, what is up? November 10, dollars to spend be able to have a voice took a look at that graph and said: You or a veto in who gets elected to be a the argument on the case against the know, I bet you we can improve on that Affordable Care Act. Federal judge or a U.S. Supreme Court with a little bit of research. They put Justice, screened through a partisan, This isn’t just a theory; this is real their scholars and their investigators people. I have 34,000 Rhode Islanders private organization?’’ anybody in and their researchers on it, and they their right mind would say ‘‘No. That who have insurance through did way better. They showed much HealthSource RI, the market that got is unacceptable. That is preposterous. deeper connections between the funders Of course you wouldn’t want that.’’ set up pursuant to the Affordable Care and the phony-baloney amicus groups. Act—34,000 who get their insurance If this were a liberal organization, What if—what if it is the same small there. I have 72,000 Rhode Islanders my Republican colleagues would be group of funders who are running who get their insurance because we running around here with their hair on money through the Federalist Society took the Medicaid expansion. They fire about the scandal of secret donors to select the judges, running money wouldn’t have insurance except for the deciding who is going to be on the Su- through the Judicial Crisis Network to preme Court and masking themselves campaign for them, running money Medicaid expansion. I can fight in behind a front group. through these legal foundations to tee every way I can to try to protect their It is not just Federalist Society up the right cases to bring before the rights here in this building, but you go money. It is not just the $100, $200 mil- judges, and then running anonymous over to the Supreme Court, and five lion that flow through that network. money into the amici—what if it is the and now maybe six Republican Justices Look at the Judicial Crisis Network, same big beast? It is less complicated can decide: We know better. We are which runs the ads for these nominees than many corporate structures. They going to undo the Affordable Care Act once the Federalist Society has se- are perfectly capable of doing it. With and take away all their protections. lected them. It gets contributions to that kind of money behind it, you can This is going to hurt. We have all pay for the ads. Do you know who pays bet they will line people up in this those Rhode Islanders. We have two of for it? One person gave a $17-plus mil- building, and that explains the bizarre the best ACOs in the country in Rhode lion contribution in the Garland v. behavior. Island—accountable care organiza- Gorsuch row, and somebody gave an- We are not seeing bizarre behavior tions—set up under the Affordable Care other $17 million to get the beleaguered because we have bizarre colleagues; we Act. It is a whole new way to deliver Kavanaugh through, and somebody else are seeing bizarre behavior because we primary care. They are lowering costs. just gave $15 million. have a bizarre force being applied in They are improving care. They are Now, I say ‘‘somebody else,’’ but do this whole judicial selection process. It driving down their numbers. Their pa- we know it was somebody else, or is is an apparatus, and the reason they tients are happier than ever. They are there a perfectly logical case to be want to do this is because if they con- changing the way they are doing care. made that the same person gave $17 trol courts, they can make courts do They are making their patients million and $17 million and $15 million? things Congress would never do. Even healthier at less cost, with more atten- That is $50 million. You don’t think Republicans in Congress would never tion. It is a great experiment, and it is that in their secret back room, wher- do the things that these special inter- going to be undone by this—not be- ever they arrange that, they cut a deal ests can get courts to do. cause anybody voted for it but because
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.065 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5769 we crammed—with this powerful spe- same special interests that are behind ing against gender discrimination, she cial interest apparatus behind us—peo- the big super PACs, and the big dark chose a male plaintiff who was denied ple on the Court who will obediently do money PACs. That is why everybody Social Security simply because his these things when you trot a dozen has to hop around here because if we wife, a woman, was the one in the mili- phony-baloney amicus curiae in front say no to them on their selected nomi- tary. of the Court to, all in chorus, tell them nee, then they will say: Well, we are And she knew the power of hard what they are supposed to do. cutting you off then. You are all done. work. Her work ethic was second to Nationally, we are a nation of, what, And when they spend tens of millions none, but her commitment to her fam- 330 million people? We are a nation of of dollars on politics, it is pretty hard ily and most especially to her husband 156 million preexisting conditions. Of to tell them: Well, we don’t care. We Marty—also a brilliant lawyer, a won- course we are not going to throw out will stand up to you anyway. We are derful, warm human being—was leg- preexisting conditions. Even the Presi- not going to take your money any endary. dent, while he is litigating to throw longer. And that is the pickle we are in I was really privileged and honored out preexisting conditions, says: I right here. That is the mess that we to know Justice Ginsburg casually, in- don’t want to throw out preexisting are in, and we have to fix it. It is wrong formally. I knew her warmth, her com- conditions. He knows he can’t get away to be in this position. It is wrong to be passion and caring, sometimes to her with it. We know that it is stupid, using this space on the Court to send law clerks or other friends. I was also wrong, and cruel, but pack the Court somebody over who is going to attack privileged to argue three cases before with people who are listening to these basic healthcare that we fought for and her on the U.S. Supreme Court. I ar- big special interest types? Poof. There that Congress could not undo because gued four as attorney general of Con- goes preexisting conditions. the American people want it. necticut, and I can tell you that I There are 11.8 million people on With that, I yield the floor. feared nobody more on that Court be- Medicare who have saved $26.8 billion The PRESIDING OFFICER. The Sen- cause her incisive, piercing, pene- on prescriptions thanks to the savings ator from Connecticut. trating questions cut to the core of the in the Affordable Care Act. You would Mr. BLUMENTHAL. Mr. President, I issues. Sometimes they actually could have to be nuts to take that away from am delighted and honored to follow my rescue an arguer from a rabbit hole seniors, but put the right people on great colleague from neighboring that some other Justice drew the plain- that Court over there, tell them what Rhode Island after that feisty, fighting tiff or defendant, appellant or appellee to do through this big donor apparatus, speech, which also captures the spirit down because she would go to the heart and suddenly—boom. Poof. Gone. Be- of Ruth Bader Ginsburg. She was deep- of what the case really concerned. She cause they are accountable to nobody ly concerned about the corrupting im- was straight to the point. once they are over there. It is a life- pact of money on our political system. And that is why, straight to the time appointment. She was a longstanding critic of Citi- point now, we need to carry on the Bridget in Tiverton is a Rhode Is- zens United, the Supreme Court deci- fight on so many of those principles. lander. She is in her twenties. She has sion that opened the way to that dark Yes, she was an icon and a giant. She a hip dysplasia that led to premature money that has so corrupted our sys- broke barriers from the classroom to arthritis. She was in constant pain. In tem. the courtroom. She demonstrated cour- her twenties, she had to have a hip re- She was a believer in closing the gaps age and conviction in her career that placement. Well, thanks to the Afford- and loopholes because she was smart were unexcelled, but she stood for prin- able Care Act, because her dysplasia enough and curious enough to learn ciple, and that is ultimately her leg- and arthritis were preexisting condi- what the real facts were, as opposed to acy. tions, she was able to get her hip re- her colleagues on the Supreme Court Maybe it is no coincidence—a sad and placed. She is now, for the first time in who relied on the stereotypes of the po- tragic coincidence that this Nation has her life, fully employed and pain-free. litical system that were outdated even just passed the 200,000 mark of Ameri- She is happy. She is an ObamaCare when Citizens United was adopted. We cans who have died from COVID–19. care success story. Why would you live in a democracy that is threatened That number is due to the administra- want to undo that? Because you are a by exactly that dark money in every tion’s callous indifference to science, huge special interest and you want sphere of the public square and public its cruel disregard for human life. Don- things your way. office, never more than in our judicial ald Trump’s self-absorption has led to Martha from Cranston was unin- system because it is even less visible countless lies about the dangers of this sured. She had to have gallbladder sur- and more easily disguised. In part, the pandemic—the latest and most out- gery. She ran up a $60,000 bill with no reason is that people pay less attention rageous being that it has affected no- insurance and had to declare bank- to it. Another reason may be that the body. Well, it has affected everyone in ruptcy. That is going to haunt her for amounts of money by comparison seem this Chamber. Think about it for a mo- a while because we don’t let her clean smaller. The amounts of hundreds of ment. Every one of us knows someone, up after that even if it is a medical millions of dollars seems small com- has worked with someone, has a loved bankruptcy. But now she can get insur- pared to the billions involved in legis- one or a friend who has been affected. ance for $283 a month, which she can lative or Executive races. But Ruth A friend of mine whose children grew afford, rather than over $500 a month, Bader Ginsburg knew that the power of up playing with mine passed away 5 which she could not afford. So she is the dollar, whether it is judicial selec- days from getting the virus. Yet, at now an insured person and doesn’t have tion or legislative campaigning, can be this moment when we are threatened to worry about that kind of unexpected easily corrupted on a system that lacks with a continuing, raging pandemic in bill and bankruptcy. limits. this country, a persistent public health These are real people. And what is So I thank my colleague from Rhode crisis greater than any in our lifetime, happening with these special inter- Island for reminding us about part of and an economic crisis that prevents ests—I just don’t get it. I just don’t see the legacy of Ruth Bader Ginsburg, people from putting food on their fam- how it is that people in this body can which was to stand for principles and ily’s table, and small businesses are say that it is OK to have huge special people—the constitutional principles going under, we are going to rush interests that will spend $17 million at that animated her whole life and gave through a nominee who would deci- a lick, $50 million at a lick, $10 million breath to her matchless advocacy, the mate protections for preexisting condi- at a lick secretly control who gets sense of righteousness that could cap- tions—which, by the way, now includes picked to be on the Supreme Court. In ture attention in a courtroom. Even COVID–19, because COVID–19 does what world is that acceptable or even though it seemed to be surrounded by great damage even to survivors’ lungs fair or an even decent way to do busi- technical legal language, she made and heart and brains and other organs. ness? It just isn’t. It is indefensible. that language accessible to everyday It is a preexisting condition, and along Yet that is exactly what is happening. Americans. with other benefits in the Affordable It is the same special interests that And she chose her plaintiffs wisely. Care Act, like the ability to stay on a fund the Republican Party. It is the When she was arguing a case or mount- parent’s coverage for a young person
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.066 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5770 CONGRESSIONAL RECORD — SENATE September 22, 2020 up to 26 years old, all will be decimated tens of thousands of dollars each year, ing an American hero, Justice Ruth because the Trump administration is in which they couldn’t afford, but because Bader Ginsburg. We called Ruth Bader the Supreme Court in a case that will of the protections for people from pre- Ginsburg the ‘‘Notorious RBG,’’ and we be argued on November 10 seeking to existing conditions, it was a life saved. called her that for a reason. She lived destroy it. That protection for pre- Conner is in school. Conner is thriving. an inspiring and historic life, and her existing conditions will be gone, in Conner is a fighter, just as Ruth Bader advocacy and public service changed part because this new Justice, we Ginsburg was a fighter. Conner never America for the better. know, is committed to eliminating it. gave up, and neither did Ruth Bader As a lawyer and a public servant and How do we know? Because the Presi- Ginsburg. as a woman, I owe so much to Justice dent himself has said a strong test will Conner endured the harsh reality of Ginsburg, and I know I am not alone. I be applied. So those groups, like the physical illness and emotional trauma. join so many women in this body and Federalist Society and the Heritage And Ruth Bader Ginsburg reached out across this Nation who will simply not Foundation and others who do the vet- to people like Conner and offered them allow for Ruth Bader Ginsburg’s legacy ting and screening for this administra- hope. She reached out to women and to be diminished or disrespected. tion—the choice has been outsourced she inspired a whole new generation of Today, that means standing up and to them—have vetted and screened women and many of us know them be- speaking out about what is at stake that short list, and every one of them cause they are women in our families right now in this country. We are 8 you can bet has passed that test. who decided to pursue a career in law months into a global pandemic—the The second part of that test is wom- because of her example. She was small worst public health crisis of our life- en’s reproductive rights. Donald Trump in stature, soft in voice, but she packed time. It has taken 200,000 American has said another part of that strong a powerful punch, even before she was souls and cost millions of Americans test will be overturning Roe v. Wade. a rock star and a pop icon, because she their jobs and their economic security. Now, President Trump knew that Now, I was a law clerk to Justice Harry never gave up. She was a fighter. We this pandemic was deadly, and he re- Blackmun in the 1974–1975 term right cannot give up now. fused to take decisive action early in after Roe was decided. So I have lived We must fight for a process that is order to control the virus. He still has with the efforts to overturn Roe. I have fair and gives the next President and no plan to this day, and he has refused fought against those efforts. I have the next Senate the choice about the to lead. He has continued to put poli- seen the campaigns in the State legis- next Supreme Court justice. That was tics over science, and he still insists latures, and they are even more Ruth Bader Ginsburg’s dying wish. We present and threatening than ever be- the virus will just go away. should fight for that principle because In fact, this pandemic will not just fore. it is a matter of fairness. It is a matter The threat to Roe v. Wade is very go away, and in Wisconsin and in of people keeping their word. States across our country, things con- much with us. In fact, we were con- In this place, there are almost no un- cerned even after the last Supreme tinue to get worse. As our Nation written rules. There are no written fights this unprecedented public health Court decision on reproductive rights rules. There are more unwritten rules, that, in fact, Roe was in danger. Just 3 crisis, President Trump continues his and one of those rules is people keep efforts, spanning the past 4 years, to months ago, we held our breath wait- their word. So we need to fight and sabotage our healthcare system and ing for the Supreme Court decision in make sure that the legacy of Ruth make it harder for people to get the June Medical Services v. Russo, the Bader Ginsburg is upheld, that these coverage that they want and that they latest attack on reproductive rights, constitutional principles that matter desperately need. because we knew there was more than in the real lives of real people are Since the President took office, more a chance that the Court could strip upheld, and we cannot give up. Her and more Americans are going without away those rights from women across memory should always inspire us. health insurance with each passing the country. The Court on the slim- I yield the floor. year. More than 6 million American mest of margins upheld Roe—the nar- The PRESIDING OFFICER. The Sen- workers have lost access to their em- rowest of legal readings. It was a land- ator from Iowa. ployer-sponsored health insurance mark legal victory against the radical f since the very beginning of this pan- politicians who continue to attack re- demic. productive rights notwithstanding Roe MEASURE READ THE FIRST TIME—H.R. 8337 Thanks to the Affordable Care Act, v. Wade, but those principles of Roe are they have a safety net in place that al- now more in danger than ever before. Ms. ERNST. Mr. President, I under- lows them to sign up for a healthcare The administration and the Repub- stand there is a bill at the desk, and I plan while they are unemployed. But lican majority, instead of dealing with ask for its first reading. right now, we should be making it easi- this pandemic, are rushing to approve a The PRESIDING OFFICER. The er, not harder, for people to get nominee who would decimate protec- clerk will read the bill by title for the healthcare. We should be building on tions for women’s reproductive rights. first time. the progress that we made with the Af- And there will be real consequences for The bill clerk read as follows: fordable Care Act by providing addi- real people, as there are in many other A bill (H.R. 8337) making continuing appro- tional support for the navigators and rights that would be at stake and at priations for fiscal year 2021, and for other those who provide enrollment assist- risk—voting rights, marriage equality, purposes. ance. We should be extending open en- gun violence protections, civil rights Ms. ERNST. Mr. President, I now ask rollment and making sure that Ameri- and civil liberties, and protection for a second reading, and in order to cans know that they have options for against gender discrimination, the place the bill on the calendar under the comprehensive coverage. threat to protection from preexisting provisions of rule XIV, I object to my But, instead, President Trump has conditions like cancer, substance abuse own request. doubled down in his support for a Fed- disorder, diabetes, kidney disease, Par- The PRESIDING OFFICER. Objec- eral lawsuit to eliminate the Afford- kinson’s or pregnancy, and now, for an tion having been heard, the bill will re- able Care Act completely, including increasing number of Americans, ceive its second reading on the next the protections for millions upon mil- COVID is most striking. legislative day. lions of Americans who have pre- An example is Conner from Ms. ERNST. I yield the floor. existing health conditions. And, mind Ridgefield, CT. I have spoken about The PRESIDING OFFICER. The Sen- you, a positive test for COVID–19 is a him previously on the floor. Several ator from Wisconsin. preexisting condition. years ago, Conner was diagnosed with f Let me say that again. During the Duchenne muscular dystrophy. It is a worst public health crisis of our life- degenerative, life-threatening disease REMEMBERING JUSTICE RUTH times, President Trump and Repub- with no cure. He was 4 years old when BADER GINSBURG licans support a Federal lawsuit to he was diagnosed. His parents sought Ms. BALDWIN. Mr. President, I rise eliminate the Affordable Care Act com- treatment and learned it would cost today to join my colleagues in mourn- pletely—taking healthcare away from
VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.068 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5771 millions of Americans, including those court to overturn the Affordable Care quire the Senate to vote. They didn’t with preexisting conditions. And that, Act, to work with us on a real because they assumed that leaders of plain and simple, is the Republican healthcare plan, and work with us to good faith would, of course, fulfill that healthcare plan—eliminating the Af- protect quality, affordable healthcare responsibility to hold a vote. They fordable Care Act. that America’s families need. That is never considered that the Senate might If Senate Republicans disregard the why we are here. stretch its discretion under the Con- very precedent that they set, ignore My promise today to my constituents stitution so broadly to refuse to con- the fact that there is an election in 6 and my colleagues is that I will not sider a nominee simply because they weeks where many Americans are al- stop fighting to save healthcare for didn’t like the President who made the ready voting, and push to fill this Su- millions of Americans. This is the fight nomination. preme Court vacancy with a judge com- that brought me to public service in The Founders didn’t actually micro- mitted to furthering their anti- the first place, and I will not stop now. manage democracy. They set these healthcare agenda, it will mean the end I will keep working to protect access to broad rules, and they trusted that we of the Affordable Care Act and the end quality, affordable healthcare for all, would all act in good faith toward each of guaranteed protections for people and I will keep fighting on behalf of the other and with a patriotism toward our with preexisting health conditions. many, many Wisconsinites who depend Nation in filling in the details. Just like that, our Nation will be on it. But that is not how 2016 went down. thrust back to a time where the insur- I yield the floor. Senate Republicans said they were set- ance companies wrote the rules, when a The PRESIDING OFFICER (Ms. ting a new precedent: When a nomina- cancer diagnosis or diabetes or asthma ERNST). The Senator from Connecticut. tion is made in the last year of a Presi- meant insurance companies could drop Mr. MURPHY. Madam President, the dent’s term, the Senate shouldn’t act the ER coverage, charge astronomical Russian Federation has a Constitution, on it. The Senate, in that case, Repub- premiums for the coverage or, worse, and if you read Russia’s Constitution, licans said, should wait for the out- could decline to cover you at all and you would know that Russia is a de- come of the election and let the Presi- leave you with the bill. mocracy. Why? Because their Constitu- dent who wins make the selection. I have stood in this Chamber and told tion guarantees the existence of a vi- Now, what Senator MCCONNELL and story after story of Wisconsinites who brant, multiparty political system. The Senator GRAHAM have said is pretty de- depend upon the Affordable Care Act Russian Constitution prohibits the use finitive. It is well covered. But there and are worried about what a future of extrajudicial force or torture by the were lots of Senate Republicans who without it might look like, stories of government. Their constitution says: are still here who were equally defini- mothers who lie awake at night won- ‘‘Censorship of the media is prohib- tive about the rules they were estab- dering how they will be able to afford a ited.’’ lishing. lifesaving procedure for a child, and Russia is a democracy if you read For instance, the senior Senator stories of fathers who don’t know if their Constitution, but Russia isn’t a from Florida said: they will be able to afford the insulin democracy, of course. It is a dictator- I don’t think we should be moving forward that a son may need. ship. One man rules. No one has the on a nominee in the last year of [a Presi- I have shared my own story. As a 9- right to dissent. There is no freedom of dent’s term]. I would say that even if it was year-old, I got sick—really sick. I was the press. All of that is under the pen- a Republican president. hospitalized, but, ultimately, I fully re- alty of death. That was the rule that Republicans covered. But then I was denied health Now, why is this? Well, it is because repeated over and over and over and insurance for much of my youth be- democracies aren’t made by their over and over and over. They are not cause I had been labeled as a child with founding document. The document is telling the truth if they try to spin it a preexisting health condition. just a piece of paper—parchment, in differently, and we all know this. These stories are real, and there isn’t our case—with words written on it, and So you may ask: Why does it matter a Senator in this body who hasn’t these words are just that: They are that they weren’t telling the truth? heard one or dozens or hundreds of sto- words. Democracy doesn’t work unless Why does it matter that Republicans ries just like this from their own con- its leaders choose to follow the rules didn’t honor their word? Why does it stituents. I implore my colleagues on that those words prescribe, but also to matter that they are willing to bend the other side of the aisle to listen to operate in the spirit of the values that the rules, no matter the promises they your constituents now. undergird those words. have made in the past, whenever it Justice Ginsburg was one of the de- Vladimir Putin will proudly tell you suits them in order to gain political ad- ciding votes to save healthcare each that, technically, Russia adheres to its vantage? time it had been challenged in the Su- Constitution. Now, that is not true, ob- Well, it is back to the bet that the preme Court. She was one of the decid- viously, but what Putin has done over Founding Fathers made. They just ing votes on case after case threat- the years is just slowly erode a demo- didn’t anticipate a moment like today, ening a woman’s right to make her own cratic system by using every single when truth doesn’t matter, when lying healthcare decisions about her own inch of discretion allowed to him by is normal, when honor is dead. They body. Justice Ginsburg was protecting that Constitution to make democracy left us a bunch of wiggle room in the our healthcare and women’s reproduc- functionally impossible. He will say Constitution, knowing that we had to tive freedom, and she bore the weight that censorship doesn’t exist because treat each other well, with respect, of that for the last years of her life there isn’t an explicit censorship law, with a concern for precedent, in order through her own battles with cancer. but we all know that he has used every to have a functional democracy. She fought for as long as she could be- informal mechanism available to him Senator ALEXANDER, whom I greatly cause she knew what was at stake. to make sure that there is no room—no admire, said in his statement the other Justice Ginsburg has earned the room—for the independence of the day that nobody should be surprised right to rest now, and my deepest con- press. that Republicans are going to confirm dolences go out to her children, her Something stunning happened here 4 a Supreme Court nominee before the grandchildren, her family, and her years ago. A Supreme Court vacancy election, notwithstanding the fact that friends for their loss. I urge my Repub- arose through the death of Justice the election has already started and lican colleagues not to diminish her Scalia. The Constitution says that a that it also wipes out the precedent tremendous contributions to our Na- new Supreme Court Justice can’t be that they just claimed was so sacred 4 tion and not to disrespect her decades seated unless he or she gets an affirma- years ago. of service by casting aside her dying tive vote from the Senate, and every That statement is really revealing. wishes and their own precedent in forc- single nominee—at least those who Whether he meant it or not, what he is ing through a nomination with only 42 weren’t withdrawn by the President— saying is that nobody should be sur- days before the election. essentially got a vote from the Senate prised by now that Republicans are I urge my colleagues on the other before 2016 because, you see, the just willing to do whatever it takes— side of the aisle, instead of suing in Founding Fathers didn’t actually re- even making up complete fabrications,
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.071 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5772 CONGRESSIONAL RECORD — SENATE September 22, 2020 like a new rule against confirming Jus- like 10 to 15 different States—all losing American democracy is not just the tices in an election year—in order to healthcare right off the bat, when Constitution. It is us. It is the deci- accumulate more power. COVID is raging in this country. sions we make every single day. It is That is a really dangerous place for As Senator BALDWIN said, COVID is a the way we treat each other. It is the this body to head, because the Con- preexisting condition. We are just decision as to whether we care about stitution does provide all sorts of room learning what it does to your body, but our word mattering. This month, as it to push that document to its limits, to it may ravage it. And, ultimately, ev- stands tonight, democracy’s flicker dispense with all fairness and honor eryone in this country who knows they just got a whole lot duller. and fair play, and to just seek power, have COVID or finds out about it I yield the floor. no matter the costs. through antibody tests down the line The PRESIDING OFFICER. The Sen- I know this sounds silly, but it is not. will have their rates jacked up if the ator from Massachusetts. There is nothing in the Constitution Affordable Care Act goes away. Ms. WARREN. Madam President, that prohibits the majority party in Spare me the talk of a replacement ‘‘trailblazer,’’ ‘‘icon,’’ ‘‘titan,’’ ‘‘Noto- this body from, for instance, denying coming. I have been in this body long rious RBG’’—those are just a few of the all staff to minority Members. There is enough to know that there is no re- words that describe the Honorable Jus- nothing stopping the majority party placement coming. Republicans have tice Ruth Bader Ginsburg, who passed from banning all minority party Mem- been talking about it for 10 years. away last Friday. But there is another bers from speaking on the floor. And The Affordable Care Act will be in- of Justice Ginsburg’s title that I will once you don’t care about fairness, validated by this Court with this new always hold dear: ‘‘friend.’’ once you can just change precedent on nominee. Nothing will replace it. Mil- As a young mother and a baby law a dime just to accumulate power, then, lions of people will lose their student at Rutgers’s Law School, I had there is really no end. healthcare. almost no examples of female lawyers I get it that a comparison to Russia The reason this nomination is being or female law professors. Like so many seems a little tortured and a little pushed through is, yes, because Repub- young women who were trying to do strained, but, honestly, this is how de- licans care about power more than any- something as seemingly outlandish as mocracies fall apart—when power be- thing else but also to make sure that going to law school, it was a really comes more important than the rule of the Court around the corner from here lonely undertaking. Ruth was one of the few women law, our sense of fairness, or even loy- does what the American people whom we could see—a woman who had alty to country; when your word means wouldn’t let Congress do. made it, and, even better, a woman nothing; when no one can count on Remember, Congress could not repeal who was fighting for other women. anyone to stay true to what they say; the Affordable Care Act because the when there is nihilism, trump’s patri- As I arrived at Rutgers, Ruth had left people wouldn’t let Congress do it. But Rutgers for Columbia Law School. Rut- otism. nobody is going to be fooled about this There are new rules in the Senate gers was a small family, and all the end-around. By the time this nominee now. We get that. There are new rules. women and the men knew about her. comes before this body, nobody is going Republicans might pretend like they She was putting together the Women’s to be mistaken about the consequences existed before today, but they didn’t. Rights Project at the ACLU to give her for Americans’ healthcare. This breaks the glass like nothing else a way to fight for equality in the I know that a lot of people think did before it. courts. Her sharp legal mind and stub- Finally, let me ask this: To what Democrats are foolishly naive. How born determination were already leg- end? Why is it so important that Re- could we be surprised by this treach- endary, and we were sure she would publicans so nakedly grab for power ery, this about-face of precedent on change the world. And she did. and reset the very rules of how the election-year confirmations, when Re- I am forever grateful for her example Senate operates—rules that were so publicans have been changing the rules to me and to millions of young women important 4 years ago? of the Senate at light speed for 5 years? who saw her as a role model. I am also It is not coincidental that the case First it was unprecedented denial of forever grateful that she made real that the Supreme Court is due to hear a vote for a Supreme Court nominee in change, opening doors that had re- days after the election is a case that 2016. It never happened before in Amer- mained stubbornly closed. has to do with something the Repub- ican history. Then it was the abolition Justice Ginsburg may have been licans have been trying so desperately of the 60-vote requirement for Supreme tiny, but she stands among the great- and unsuccessfully to do for 10 years— Court nominees. Then it was the re- est fighters for justice our Nation has repeal the Affordable Care Act and end striction of debate on judges and polit- ever seen. She turned every barrier healthcare for 20 million Americans ical appointees so that nobody could into an opportunity for change. And and protections against rate gouging actually see how wildly unqualified the when she became the second woman in for 130 million with preexisting condi- people Donald Trump was appointing our Nation’s history to sit on the Su- tions. to office were. Then it was the end of preme Court, she continued her fight It is worth repeating this. I know my blue slips so that even more radical for justice, blazing a trail for women’s colleagues have said it before, and they nominees could be put on the bench. It rights, laying out the framework for will say it after, but if Republicans are has been just one power grab after an- protecting our democracy, and helping successful in appointing an anti-ACA other. to secure justice for the most vulner- Justice to the Supreme Court—and So, yes, we probably have seen this able. Ruth Bader Ginsburg changed the President Trump has made it clear coming, and we probably should have world, and I will miss her. that he is not putting anyone up for known that a party so committed to While I mourn her loss, I also hold the Supreme Court who isn’t willing to ending health insurance for 20 million close one of the things I loved most strike down the Affordable Care Act— Americans would do anything to make about Ruth: She was a fighter. We then we will have a humanitarian ca- that happen. honor her memory by fighting for the tastrophe on our hands in this country But I was naive. I still had hope. I things that Ruth Bader Ginsburg because days after the election, a case still believed that honor was alive in fought for during her long career: a is to be heard that will be heard by this place. I still thought that when woman’s right to make decisions about that new Justice that asks to invali- people said things, they meant it, and her own body, healthcare for millions date the entirety of the Affordable they would stick to it. I still thought of Americans, Dreamers who have Care Act—not in pieces, not over time, that we could save the Senate. made a home here, voting rights, but immediately, the whole thing. I believe in my heart that Repub- LGBTQ rights, workers’ rights, union That is 25 million people losing access licans are going to rue the day that rights, and making our Nation a place to healthcare—Medicaid and the State they made nakedly clear that a Sen- where no one is more likely to be mur- and Federal exchanges—in the middle ator’s word means nothing, where this dered or imprisoned or discriminated of a pandemic. place is simply a vehicle to compile as against because of the color of their Think about that. Think about 25 much power as quickly as possible, no skin, how they worship, or who they million—the equivalency of something matter the cost. love.
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.073 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5773 Yes, it is a long list. Ruth defended it flect the views of the majority of There is more at stake. Ruth Bader all, and now she is gone, and because Americans or the values that we hold Ginsburg voted to protect the rights of she is gone, these rights and values are dear, the last gasp of a rightwing, bil- all women to make their own decisions all on the line, vulnerable to being lionaire-fueled party that wants to about their bodies. Just a few months snatched away by another rightwing hold onto power a little longer in order ago, in another 5-to-4 decision, Ruth tilt of the Supreme Court. to impose its extremist agenda on the Ginsburg’s vote was crucial to the Su- Justice Ginsburg’s replacements will entire country. preme Court overturning a Louisiana determine who the highest Court in the And if MITCH MCCONNELL and the law designed to make it harder for land works for—women and sick kids Senate Republicans ram this nomina- women to access abortion care. and workers and immigrants or billion- tion through, it is our duty to explore Trump promised to appoint a Su- aires and giant companies and right- every option we have to restore the preme Court Justice who will overturn wing politicians who want to shrink Court’s credibility and integrity; every Roe, and his two Supreme Court picks our democracy in order to stay in option to expand our democracy, not have already delivered, agreeing to let power. shrink it; every option to ensure that a Louisiana restrict a woman’s right to Ruth left our Nation a note before working single parent and a million- choose. she died, and her words were clear. She aire corporate executive have equal Nineteen States now stand ready to said that her most fervent wish was justice in our courts; and every option gut abortion protections if the Su- that her replacement not be named to ensure that all Americans are rep- preme Court overturns Roe, and now until a new President is installed. resented in our institutions. Senator MCCONNELL and Senate Repub- Senator MCCONNELL has already told The list of what is at stake if Repub- licans want to hand them one more us how to deal with the death of a Su- licans get their way and their extrem- Justice so they can get the job done. preme Court Justice in an election ist agenda finds a home in the Nation’s Ruth Bader Ginsburg also voted over year—a Justice whom Senator MCCON- highest Court is truly staggering. and over for the principle that Amer- NELL treated with respect. Ruth Bader Ginsburg voted to pro- ican citizens should have an equal In 2016, Justice Scalia died a full 269 tect healthcare for millions of Ameri- right to vote and an equal voice in our days before the Presidential election— cans. In a 5-to-4 decision, healthcare democracy. She issued a scathing dis- months before any American would be was saved for millions of people. But in sent in Shelby County v. Holder, the able to cast a vote. But in 2016, that the midst of a global pandemic with Supreme Court decision overturning didn’t matter to Senator MCCONNELL more than 200,000 of our loved ones part of the Voting Rights Act. and his Republican henchmen. They dead from a virus raging out of control, As the pandemic continues to sweep locked arms and insisted there could be MITCH MCCONNELL and Senate Repub- the Nation, the Supreme Court has no confirmation until after the next licans want to install a Justice who blocked attempts to make it easier for President had been elected and sworn will rip that healthcare away. Americans to safely cast their vote. in. The Supreme Court will hear argu- Just in April, in a 5-to-4 decision with Now, in 2020, the world is evidently ments just days after the election on Justice Ginsburg dissenting, the Court different. Senator MCCONNELL has whether the Affordable Care Act should reversed a lower Federal court’s deci- made it clear that the practice he used be overturned. If Justice Ginsburg is sion to expand the deadline for absen- when Justice Scalia died would not be replaced with a McConnell-Trump tee voting in Wisconsin by 6 days. used when Justice Ginsburg died. choice, the 5-to-4 decision that saved Republicans know that, to stay in On the very same night that Justice healthcare by a single vote could be power, they need to make it harder for Ginsburg passed, MITCH MCCONNELL an- overturned. all Americans to participate in the nounced that he and Donald Trump That would strip away protection democratic process, and they want a would move immediately to name a from anyone with preexisting condi- Supreme Court Justice who will be new Supreme Court Justice, despite tions. It would tell people with diabe- committed to rolling back voting the fact that voting is already under- tes or high blood pressure or cancer, rights for decades to come. way across the country and there are people who have had strokes, people Ruth Bader Ginsburg understood the only 42 days before the election is com- who have had hundreds of other dis- threat that climate change poses to pleted. eases, conditions, and events: You are our children’s and our grandchildren’s Democrat or Republican, the Amer- on your own—no protection from an in- future. She joined in the opinion in ican people know that is not right. surance company that just wants to Massachusetts v. Environmental Pro- Democrat or Republican, the American cut off your insurance policies. tection Agency, another 5-to-4 ruling, people know that treating a Supreme It would let insurance companies which required the EPA to regulate Court vacancy as an opportunity for a charge women more simply because greenhouse gas emissions from auto- naked partisan no-holds-barred power they are women. It would end the re- mobiles. grab is burning down the pillars of in- quirement that insurance companies The Trump administration and con- tegrity that support our Senate, our cover young people up to the age of 26. gressional Republicans have actively courts, and our democracy. Democrat It would gut Medicaid. rolled back regulations that keep our or Republican, the American people And if you are one of the millions of air clean and our water safe, and they will judge these choices for what they Americans who has had COVID and sur- are committed to putting another Jus- are—shameful. vived, well, gutting the ACA would tice on the Supreme Court who will If this feels personal, that is because allow insurance companies to deny cov- help advance their anti-environment it is. Ruth Ginsburg was a personal erage because of it. COVID could be- agenda and block any government at- hero, for me and for millions of other come your preexisting condition. tempts to tackle the dangers of cli- women. Three years ago, MITCH MCCONNELL mate change. Ruth Ginsburg was a woman who couldn’t get the votes to repeal the Af- Ruth Bader Ginsburg understood the never let any man silence her. The fordable Care Act, even in his own Re- importance of protecting the rights of most fitting tribute to her is to refuse publican-controlled Senate. And why? workers to join together and fight for to be silenced and to name exactly Because this is not what the American fair pay and working conditions. In what Donald Trump and Senate Repub- people want. They want access to Epic Systems Corp. v. Lewis, she joined licans are trying to do: steal another healthcare and protection for people the minority in a 5-to-4 decision dis- Supreme Court seat. with preexisting conditions. senting from the Court’s ruling that This kind of sleazy double-dealing is But MITCH MCCONNELL and Donald employers can ban workers from join- the last gasp of a desperate party that Trump have a plan B, a plan to advance ing together to demand protections is undemocratically overrepresented in their rightwing agenda even if most against wage theft and other abuses. A Congress and in the halls of power Americans don’t want it, and MCCON- Supreme Court Justice handpicked by across our country, the last gasp of a NELL and Trump seem to think that, if Trump and MCCONNELL could turn back corrupt Republican leadership numbed they can steal another Supreme Court the clock even more on workers’ to its own hypocrisy that doesn’t re- seat, they will get it. rights.
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.075 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5774 CONGRESSIONAL RECORD — SENATE September 22, 2020 Throughout her life, Ruth Bader My eyes were opened up in Sweden. This who helped make those changes. As we Ginsburg fought for justice and equal- was in ’62 and ’63—women were about a quar- all know, Justice Ginsburg went on to ity for all Americans, and now Ameri- ter of the law students there, perhaps three become one of the fiercest advocates cans across this country are following percent in the United States. It was already for women’s rights our Nation has ever well accepted that a family should have two seen. in Justice Ginsburg’s footsteps. Ameri- wage-earners. A woman named Eva Moberg cans are speaking out and demanding wrote a column in the Stockholm Daily On the Supreme Court, Justice Gins- change, and they are voting. With a paper with the headline, ‘‘Why should the burg became famous for her dissents. pandemic raging out of control, thanks woman have two jobs and the man only She was asked about this, and I think to the incompetence and the corrup- one?’’ And the thrust of it was, yes, she is ex- her response is worth sharing. tion of Donald Trump and his Repub- pected to have a paying job, but she should [Y]ou can let out all the stops when you’re lican enablers, with a battered econ- also have dinner on the table at seven, take a dissenter. I would distinguish two kinds of omy and millions of people out of her children to buy new shoes, to their med- dissent. There’s the great dissent written for ical check-ups, and the rest. The notion that a future age—the Brandeis and Holmes Free work, with Americans across the coun- he should do more than take out the garbage Speech dissents around the time of World try calling for an end to the systemic sparked debates that were very interesting War I are exemplary. They are the law of the racism that has cut short the lives of to me. Also in the months I spent there, a land today. Another kind of dissent aims to countless Black men and women, woman came to Sweden from Arizona to prompt immediate action from the legisla- Americans understand now more than have an abortion. Her name was Sherri ture. The Lilly Ledbetter case is a recent ex- ever that this year’s elections will de- Finkbine. She had taken thalidomide and ample. I should tell Lilly Ledbetter’s story there was a grave risk that the fetus, if it because some of you may not know it. termine the direction of our Nation for Lilly Ledbetter worked as an area manager generations to come. survived, would be terribly deformed. So she came to Sweden and there was publicity that for a Goodyear Tire Plant. She was hired in Today, Ruth is gone, but her life’s she was there because she had no access to a the 70s, then the only woman doing that job, work endures. We will honor her with legal abortion in her home state. Well, that and was initially paid the same as her male action and channel our grief into was at the start of the 60s. I put it all on a colleagues. Over time, her pay slipped. She change. We are at the cusp of a bright- back burner until the late 60s when the wom- might have suspected it but she didn’t know er day in our Nation, and this is the en’s movement came alive in the United it for sure because Goodyear, like most em- moment. We must tap into the reserves States. ployers, didn’t give out its wage records. One day, she found a little slip in her box at the that we didn’t know we had. My students, then at Rutgers, asked for a course on sex discrimination and the law. plant; it listed the salaries of the men em- We tap into the reserves bequeathed ployed as area managers. Compared to to us from fighters we have recently And I went to the library and inside of a month read every federal court decision on Ledbetter’s salary, the disparity was star- lost—like Justice Ginsburg and Con- gender discrimination—no mean feat at all tling, as much as forty percent. In the years gressman Elijah Cummings and Con- because there were so few, so very few. Also of her employment at Goodyear, she’d done a gressman JOHN LEWIS—AND FROM THE I had signed up as a volunteer lawyer with pretty good job, earning satisfactory per- KNOWLEDGE THAT WE CANNOT—WE WILL the ACLU of New Jersey, more because it formance ratings, so she thought she had a was a respectable way of getting litigation winnable case. She filed suit and won in the NOT—LEAVE OUR CHILDREN WORSE OFF. district court, gaining a substantial jury ver- Three years ago I watched our Nation experience than out of ideological reasons, I will admit. Complaints from women began dict. On appeal, Goodyear argued that rise up in the face of impossible odds Ledbetter sued too late. She should have and defend healthcare when Donald trickling into the office, new kinds of com- plaints. For example, women who were sued within the 180 days Title VII says, with- in 180 days of the discriminatory incident, so Trump and MITCH MCCONNELL wanted school teachers were required to leave the if you count from the very first time her pay to strip away care from millions of classroom the minute their pregnancy began slipped, that would have been back in the Americans. We face those same odds to show because, after all, the children 70s. The Supreme Court agreed that her today as we again fight to protect the shouldn’t be led to think that their teachers claim was untimely, which meant the jury’s swallowed a watermelon. Anyway, these healthcare of those same Americans verdict for damages was overturned. and to protect so much more. were women ready, willing, and able to work, My dissenting opinion pointed out that a But I have hope because I know that but forced out on so-called maternity leave, woman in Ledbetter’s position, the only this is a righteous fight, and I know which meant ‘‘You’re out, and if we want woman doing a job up till then done only by you back, we’ll call.’’ men, doesn’t want to rock the boat. She is that millions of other Americans are Another group of new complainants were also in this fight. unlikely to complain the first time she sus- women who had blue-collar jobs and wanted pects something is awry. She will wait until Before she died, Ruth gave us our the same health insurance package for their marching orders: Do not fill this Su- she has a secure case. My opinion suggested family that a man would get. A woman could that if she had sued the first time her pay- preme Court seat until after the elec- get health insurance for herself, but she check was lower, had she found out about it, tion when the next President is in- wasn’t considered the breadwinner in the she probably would have lost because the ex- stalled. We have our call to action. We family. Only the man got family benefits. cuse would have been ‘‘She doesn’t do the job honor her legacy by continuing the And just to indicate the variety, there was a as well as the men.’’ But after twenty years, fight for justice, for equality, and for wonderful summer program at Princeton. that argument can’t be made with a straight The National Organization for Women com- face. By then, she has a winnable case. The dignity—the fight for a world where we plained about it. Princeton had already be- finally make those words ‘‘equal jus- Court’s answer, she sued too late. She argued come co-educational. The summer program that every paycheck renewed the discrimina- tice under law’’ real. was for students at the end of sixth grade. It tion. I agreed. My dissenting opinion con- Now I would like to spend just a lit- was a Summer in Engineering program. The cluded: The ball is now in Congress’s court to tle bit of time focusing on Justice children came on campus, they had an en- amend Title VII to say what I thought Con- Ginsburg’s legacy by reading just a few riched program in math and science. There gress meant all along. Within two years, the of the statements by her that really was just one problem: it was for boys, not Lilly Ledbetter Fair Pay Act was passed. It stood out to me as I reflected on her girls. I should also mention one other com- was the first piece of legislation signed by plainant. Abbe Seldin was her name. She was President Obama. The audience to which my work. the best tennis player in her Teaneck, New At a 2012 symposium to honor the dissent appealed was Congress. Congress Jersey high school, but she couldn’t be on picked up the ball with a little help from 40th anniversary of Justice Ginsburg the varsity team. There was no team for many groups that prodded the legislators to being hired as the first woman with girls, and although she could beat all the amend Title VII. full tenure at Columbia Law School, boys, she couldn’t be on the team. This is a reminder that Justice Gins- two of Justice Ginsburg’s former So all this was under way. People burg used all of her tools to make clerks, Abbe Gluck and Gillian were lodging complaints they were ei- change. Metzger, now both law professors ther too timid to make before or they Speaking of dissents, in 2014, Justice themselves, had a public conversation were sure they would lose. But in the Ginsburg was asked about the worst with their former boss. 1970s, they could become winners be- ruling this current Court had produced. They asked Justice Ginsburg how she cause there was a spirit in the land, a Her unambiguous answer foreshadows ended up working with the ACLU, growing understanding that the way the dangers we face today. This is what which became a major part of her leg- things had been was not right and she said: endary career, and she began her an- should be changed. If there was one decision I would overrule, swer by discussing the time that she They brought those complaints, and it would be Citizens United. I think the no- lived in Sweden. Here is what she said: Ruthie Ginsburg is one of the people tion that we have all the democracy that
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.077 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5775 money can buy strays so far from what our cisions, these words, set the stage for and I thought, wow, I don’t know, this democracy is supposed to be. So that’s num- so many things to come before the woman is so petite and so tiny. And I ber one on my list. Number two would be the American people and for working fami- had heard that she had been sick. I lit- part of the health care decision that con- lies. Thank you for that. erally sat there in the dark concerned cerns the commerce clause. Since 1937, the Court has allowed Congress a very free hand f for her future. What a lesson about Ruth Bader in enacting social and economic legislation. SAVANNA’S ACT I thought that the attempt of the Court to Ginsburg, because that was 2001. And in intrude on Congress’s domain in that area Ms. CANTWELL. Madam President, 2020, she was going strong. This is not had stopped by the end of the 1930s. Of course before I do, I wanted to say just a word a woman to ever, ever, ever underesti- health care involves commerce. Perhaps about Savanna’s Act, which, I can tell mate. She took her tools and applied number three would be Shelby County, in- you, Justice Ginsburg would probably them for the betterment of American volving essentially the destruction of the be happy that the House has now women and American society overall. Voting Rights Act. That act had a volumi- passed and, previously, the Senate had nous legislative history. The bill extending People across the United States of the Voting Rights Act was passed over- passed Savanna’s Act, legislation that America are reeling from her passing whelmingly by both houses, Republicans and would help protect the rights and help because they want to know who is Democrats, everyone was on board. The move forward on changes to law en- going to stand up for their rights now Court’s interference with that decision of the forcement that would better protect that she is gone. political branches seemed to me to be out of missing and murdered indigenous There is something about that dimin- order. The Court should have respected the women. utive figure with so much might and legislative judgment. Legislators know much This legislation—originally spon- wisdom that succeeded on that groove more about elections than the Court does. sored by my colleagues Heidi Heitkamp And the same was true of Citizens United. I of a Court with all those men and had think members of the legislature, people who and LISA MURKOWSKI, and most re- the courage and the tenacity to read have to run for office, know the connection cently cosponsored by Senator MUR- her dissent in the Lilly Ledbetter legis- between money and influence on what laws KOWSKI, Senator CORTEZ MASTO, and lation from the bench—the unusual get passed. myself—I believe is on its way to the move of saying: I might not have the And one last note, almost a year President’s desk, and I am hoping that decision I want today, but, by God, you later, Justice Ginsburg’s opinion the President will sign this important are going to listen to what is wrong hadn’t changed. Let me read from a legislation as soon as possible. with gender inequality in America, and New York Times report about the re- Indigenous women deserve to have we are going to get on a path to fix it. marks she delivered at Duke Law the same rights and same protections When I think about that unbelievable School: under the law, but they need to have moment that in her quiet, soft voice In expansive remarks on Wednesday people who are tracking these heinous set the stage that we heard our col- evening, Justice Ruth Bader Ginsburg named crimes that are happening because league Senator WARREN talk about to- the ‘‘most disappointing’’ Supreme Court de- they are the victims of these crimes at night, it is pretty amazing. That is why cision in her 22-year tenure, discussed the fu- a much higher rate than the general we need to have women in these places. ture of the death penalty and abortion population. We need to have them so you have the rights, talked about her love of opera and You ask yourself: Well, how can that voice of diversity there to tell you even betrayed a passing interest in rap be? When you think about these women what it is like. And I guarantee you— music. The Court’s worst blunder, she said, was its being abducted and murdered and miss- when she said that statement, ‘‘I don’t 2010 decision in Citizens United ‘‘because of ing, you have to have law enforcement ask anything from my brother other what has happened to elections in the United who are going to follow these cases, than to get your foot off my neck,’’ I States and the huge amount of money it track individuals, track the court proc- guarantee you, she knew what that was takes to run for office.’’ ess, and this is what better protocols, like, and that is why she says it with She was in dissent in the 5–4 decision. better statistics, and a better system is such conviction. The evening was sponsored by Duke Uni- going to do with the passage of Savan- That is what she represented. That is versity School of Law, and Justice Ginsburg na’s Act. It will give us those tools answered questions from Neil S. Siegel, a what she represented as an icon to so professor there, and from students and alum- that we need for indigenous women. many people, and now they are mourn- ni. So I thank all of my colleagues for ing. I have had 2,000 calls in just a few Echoing a dissent last month, she sug- helping with the passage of that impor- days to our office about her passing. gested that she was prepared to vote to tant legislation. It is on its way to the One constituent, Lynn from Shelton, strike down the death penalty, saying that President’s desk, and, again, I hope he WA, said: I am old enough to have the capital justice system is riddled with er- will sign it as soon as possible. grown up experiencing the subtle and rors, plagued by bad lawyers, and subject to f not so subtle discrimination aimed at racial and geographic disparities. girls and women that have limited our She added that she despaired over the state REMEMBERING JUSTICE RUTH self-expression, our participation in of abortion rights. BADER GINSBURG ‘‘Reproductive freedom is in a sorry situa- sports, in politics, college accessibility tion in the United States,’’ she said. Ms. CANTWELL. Madam President, I and workplace, and even in my family ‘‘Poor women don’t have choice.’’ join my colleagues tonight to come life and reproduction. She continues: It That was our Ruth Ginsburg, con- here and honor the life of Justice Ruth has been slow progress for each of us to cerned to the very end about how law Bader Ginsburg. As many people have achieve increased equality. And so we affects all of the people it touches. said tonight already, what an unbeliev- have so much to thank Ruth Bader Ruthie, we will miss you. able hero she was—a trailblazer, a deep Ginsburg for. I am deeply saddened and I yield the floor. thinker. And there are the things she frightened—frightened by her passing. The PRESIDING OFFICER. The Sen- did on the Court to do so many impor- As you know, our democracies, free- ator from Washington. tant things for the rights of Ameri- dom, integrity and the rule of law are Ms. CANTWELL. Madam President, I cans. threatened and are even at greater come to the floor tonight to join my When I first met her in 2001, I had risk. colleagues to honor the life of Justice just come to Washington, DC, in my Eileen, from Issaquah, wrote: Justice Ruth Bader Ginsburg. Before I do, first year here in the U.S. Senate, and Ginsburg fought so valiantly for our though, I would like to first of all I just happened to go to a play at the rights as women. As women, we provide thank my colleague from Massachu- Shakespeare Theatre, here near the so much for the Washington economy. setts for reviewing the many legal de- Capitol, and had seats right next to her I agree with her. Women provide a lot cisions that Justice Ginsburg had been in the theater. I had probably already for our economy in the State of Wash- involved in and their significance. heard about her and knew of her, of ington. I am so glad to be out here tonight as course. That was of great significance She continues: I am a business owner you took time in your perspective on even in 2001. But during the play, I no- myself, and I am terrified that gender the importance of those cases. We defi- ticed, just as I do in a dark situation, protections are in grave danger. Ensur- nitely need to remember that these de- oftentimes falling asleep a little bit, ing civil liberties is not just the moral
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.080 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5776 CONGRESSIONAL RECORD — SENATE September 22, 2020 thing to do, but it makes sound eco- tle reference to all our fire and Lilly Ledbetter was a supervisor at Good- nomic policy as well. Allowing more smoke—our future is foggier than ever. year Tire and Rubber’s plant in Gadsden, people more opportunities does not While I mourn the death of Justice Alabama, from 1979 until her retirement in Ginsburg, I cannot help but feel tre- 1998. For most of those years, she worked as take away from those with power, but an area manager, a position largely occupied it grows our economy as a State and as mendous anxiety about the future of by men. Initially, Ledbetter’s salary was in a country and allows all of us to be existing laws in effect that protect all line with the salaries of men performing sub- more prosperous together. That in- people’s rights, from legal abortions to stantially similar work. Over time, however, cludes reproductive rights, which is the access to healthcare, to laws that pro- her pay slipped in comparison to the pay of keystone to allowing women full eco- tect our votes and our freedom of male area managers with equal or less se- nomic opportunity as men. speech and laws that Justice Ginsburg niority. By the end of 1997, Ledbetter was the I have to say that letter basically protected. only woman working as an area manager and That is really what is going on here the pay discrepancy between Ledbetter and sums it all up. That is what the fight her 15 male counterparts was stark: with Lilly Ledbetter was. I thank Lilly in America. This movement about RBG Ledbetter was paid $3,727 per month; the low- Ledbetter. I thank Lilly Ledbetter for is saying: You stood up to protect us, est paid male area manager received $4,286 having the courage to file that case and now you are gone, and what is per month, the highest paid, $5,236. See 421 F. and stand up to that discrimination going to happen? 3d 1169, 1174 (CAl 1 2005); Brief for Petitioner and basically fight a long process that I definitely pause in this for a little 4. people still don’t understand. We do comment about our Senate schedule. I Ledbetter launched charges of discrimina- tion before the Equal Employment Oppor- not have pay equity in America yet. don’t get it. We can sit here and argue back and forth about what people said tunity Commission (EEOC) in March 1998. We still are not making the same Her formal administrative complaint speci- amount as men. when and how and all of that. What I fied that, in violation of Title VII, Goodyear Ruth Ginsburg made a decision that don’t understand is this: It takes time paid her a discriminatorily low salary be- set the course for the Lilly Ledbetter to review the record of someone for a cause of her sex. See 42 U.S.C. § 2000e–2(a)(1) law, which basically says that instead lifetime appointment to the Supreme (rendering it unlawful for an employer ‘‘to of saying our time to file a case for dis- Court in which these important issues discriminate against any individual with re- to working families and whether they spect to [her] compensation . . . because of crimination runs out after a year when such individual’s . . . sex’’). That charge was we don’t even know we have been dis- have as much power and as much clout and as much standing as a corporation eventually tried to a jury, which found it criminated against, we should have a ‘‘more likely than not that [Goodyear] paid longer period of time to file that case. in America—people want to know [Ledbetter] a[n] unequal salary because of All we are going to get is our day in where they stand. her sex.’’ App. 102. In accord with the jury’s court. Somehow, people are already talking liability determination, the District Court I thank both Lilly Ledbetter and Jus- about schedules. I don’t understand. entered judgment for Ledbetter for backpay tice Ginsburg for that because they How can you decide what the schedule and damages, plus counsel fees and costs. is when you haven’t even heard the The Court of Appeals for the Eleventh Cir- were women standing up in an incred- cuit reversed. Relying on Goodyear’s system ible environment, with men sur- name of a person? How do you move forward with a schedule when you of annual merit-based raises, the court held rounding them, and speaking truth to that Ledbetter’s claim, in relevant part, was power about what needed to happen, as don’t even know—maybe this person is time barred. 421 F. 3d, at 1171, 1182–1183. Title my constituent says here, for full eco- going to end up being Harriet Miers. VII provides that a charge of discrimination nomic opportunities for all people. Maybe you are going to look at their ‘‘shall be filed within [180] days after the al- I can’t tell you how many men I have record and say: It is Harriet Miers, and leged unlawful employment practice oc- heard say: I want equal pay for women. I don’t want to move forward because I curred.’’ 42 U.S.C. § 2000e–5(e)(1). Ledbetter charged, and proved at trial, that within the I want equal pay for women because I looked at her record, and I decided maybe this is not the jurist I want at 180-day period, her pay was substantially less want my wife to make a decent salary. than the pay of men doing the same work. I want her to bring home as much as this point in time. All I am saying is, I don’t understand Further, she introduced evidence sufficient she can bring home. I don’t want her to establish that discrimination against fe- discriminated against. how somebody can set a course of ac- male managers at the Gadsden plant, not Yet when Justice Ginsburg set us up tion in a schedule when you don’t even performance inadequacies on her part, ac- for the Lilly Ledbetter legislation and know who the person is, what the proc- counted for the pay differential. See, e.g., we came here to the Senate floor, I ess is going to be, or the length of App. 36–47, 51–68, 82–87, 90–98, 112–113. That heard the most unbelievable speeches time. You are setting a horrible prece- evidence was unavailing, the Eleventh Cir- dent. You are saying to people that it cuit held, and the Court today agrees, be- here on the Senate floor. Colleagues of cause it was incumbent on Ledbetter to file ours basically said things like: Well, if doesn’t even matter what the name is; you already have a schedule. It doesn’t charges year-by-year, each time Goodyear you would just be as qualified as a failed to increase her salary commensurate man, we will pay you as much as a matter how long it is going to take to with the salaries of male peers. Any annual man. review. pay decision not contested immediately The disconnect still exists. The pay It is very hard here to not have frus- (within 180 days), the Court affirms, becomes inequity still exists. But the course of tration when my citizens have fought grandfathered, a fait accompli beyond the action has been set by Justice Gins- so hard for these rights, and Justice province of Title VII ever to repair. Ginsburg’s passing has upset them so The Court’s insistence on immediate con- burg, and we just have to pick up the test overlooks common characteristics of torch and carry this to the finish line much that they need to hear from us about how a fair and deliberative proc- pay discrimination. Pay disparities often because it is good for our economy. It occur, as they did in Ledbetter’s case, in is good for our society. It is good for ess—the last wishes of Justice Gins- small increments; cause to suspect that dis- women to have the type of participa- burg—is going to be honored. crimination is at work develops only over I would like to add in the RECORD the tion that—when you are paid equally time. Comparative pay information, more- full dissent that was read from the to a man, you can continue to con- over, is often hidden from the employee’s bench from Justice Ginsburg in the view. Employers may keep under wraps the tribute in society. pay differentials maintained among super- Already, 2,000 people have written to Lilly Ledbetter case. There being no objection, the mate- visors, no less the reasons for those differen- me. It is unbelievable what she has rial was ordered to be printed in the tials. Small initial discrepancies may not be done to touch the hearts of Americans. seen as meet for a federal case, particularly RECORD, as follows: A father from Bellingham wrote: when the employee, trying to succeed in a Mostly, I mourn for the future of my 4- SUPREME COURT OF THE UNITED STATES, nontraditional environment, is averse to LILLY M. LEDBETTER, PETITIONER V. THE year-old daughter. The prospects of making waves. GOODYEAR TIRE & RUBBER COMPANY, INC. women losing their right to choose and Pay disparities are thus significantly dif- ON WRIT OF CERTIORARI TO THE UNITED STATES ferent from adverse actions ‘‘such as termi- an erosion of gender equality is fright- COURT OF APPEALS FOR THE ELEVENTH CIR- nation, failure to promote, . . . or refusal to ening. CUIT—MAY 29, 2007 hire,’’ all involving fully communicated dis- Another constituent, Katie, wrote: Justice Ginsburg, with whom Justice Ste- crete acts, ‘‘easy to identify’’ as discrimina- Even though the air this morning looks vens, Justice Souter, and Justice Breyer tory. See National Railroad Passenger Cor- relatively clear again in Seattle—a lit- join, dissenting. poration v. Morgan, 536 U.S. 101, 114 (2002). It
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.082 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5777 is only when the disparity becomes apparent prior to the effective date of Title VII. See rise to the current discrimination of which and sizable, e.g., through future raises cal- Id., at 395–396. Rather, we reasoned, ‘‘[e]ach she complained. Though component acts fell culated as a percentage of current salaries, week’s paycheck that delivers less to a black outside the charge-filing period, with each that an employee in Ledbetter’s situation is than to a similarly situated white is a wrong new paycheck, Goodyear contributed incre- likely to comprehend her plight and, there- actionable under Title VII.’’ Id., at 395. Pay- mentally to the accumulating harm. See fore, to complain. Her initial readiness to checks perpetuating past discrimination, we Morgan, 536 U.S., at 117; Bazemore, 478 U.S., give her employer the benefit of the doubt thus recognized, are actionable not simply at 395–396; cf. Hanover Shoe, Inc. v. United should not preclude her from later chal- because they are ‘‘related’’ to a decision Shoe Machinery Corp., 392 U.S. 481, n. 15 lenging the then current and continuing pay- made outside the charge-filing period, cf. (1968). ment of a wage depressed on account of her ante, at 17, but because they discriminate B sex. anew each time they issue, see Bazemore, 478 The realities of the workplace reveal why On questions of time under Title VII, we U.S., at 395–396, and n. 6; Morgan, 536 U.S., at the discrimination with respect to com- have identified as the critical inquiries: 111–112. pensation that Ledbetter suffered does not ‘‘What constitutes an ‘unlawful employment Subsequently, in Morgan, we set apart, for fit within the category of singular discrete practice’ and when has that practice ‘oc- purposes of Title VII’s timely filing require- acts ‘‘easy to identify.’’ A worker knows im- curred’?’’ Id., at 110. Our precedent suggests, ment, unlawful employment actions of two mediately if she is denied a promotion or and lower courts have overwhelmingly held, kinds: ‘‘discrete acts’’ that are ‘‘easy to iden- transfer, if she is fired or refused employ- that the unlawful practice is the current tify’’ as discriminatory, and acts that recur ment. And promotions, transfers, hirings, payment of salaries infected by gender-based and are cumulative in impact. See Id., at 110, and firings are generally public events, (or race-based) discrimination—a practice 113–115. ‘‘[A] [d]iscrete ac[t] such as termi- known to co-workers. When an employer that occurs whenever a paycheck delivers nation, failure to promote, denial of transfer, makes a decision of such open and definitive less to a woman than to a similarly situated or refusal to hire,’’ Id., at 114, we explained, character, an employee can immediately man. See Bazemore v. Friday, 478 U.S. 385, 395 ‘‘ ‘occur[s]’ on the day that it ‘happen[s].’ A seek out an explanation and evaluate it for (1986) (Brennan, J., joined by all other Mem- party, therefore, must file a charge within pretext. Compensation disparities, in con- bers of the Court, concurring in part). . . . 180 . . . days of the date of the act or trast, are often hidden from sight. It is not I. lose the ability to recover for it.’’ Id., at 110; unusual, decisions in point illustrate, for Title VII proscribes as an ‘‘unlawful em- see Id., at 113 (‘‘[D]iscrete discriminatory management to decline to publish employee ployment practice’’ discrimination ‘‘against acts are not actionable if time barred, even pay levels, or for employees to keep private any individual with respect to his compensa- when they are related to acts alleged in their own salaries. See, e.g., Goodwin v. Gen- tion . . . because of such individual’s race, timely filed charges. Each discrete discrimi- eral Motors Corp., 275 F. 3d 1005, 1008–1009 color, religion, sex, or national origin.’’ 42 natory act starts a new clock for filing (CA10 2002) (plaintiff did not know what her U.S.C. § 2000e–2(a)(1). An individual seeking charges alleging that act.’’). colleagues earned until a printout listing of to challenge an employment practice under ‘‘[D]ifferent in kind from discrete acts,’’ we salaries appeared on her desk, seven years this proscription must file a charge with the made clear, are ‘‘claims . . . based on the cu- after her starting salary was set lower than EEOC within 180 days ‘‘after the alleged un- mulative effect of individual acts.’’ Id., at her co-workers’ salaries); McMillan v. Massa- lawful employment practice occurred.’’ 115. The Morgan decision placed hostile work chusetts Soc. for the Prevention of Cruelty to § 2000e–5(e)(1). See ante, at 4; supra, at 2, n. 1. environment claims in that category. ‘‘Their Animals, 140 F. 3d 288, 296 (CA1 1998) (plaintiff Ledbetter’s petition presents a question very nature involves repeated conduct.’’ Ibid. worked for employer for years before learn- important to the sound application of Title ‘‘The unlawful employment practice’’ in hos- ing of salary disparity published in a news- VII: What activity qualifies as an unlawful tile work environment claims, ‘‘cannot be paper). Tellingly, as the record in this case employment practice in cases of discrimina- said to occur on any particular day. It occurs bears out, Goodyear kept salaries confiden- tion with respect to compensation. One an- over a series of days or perhaps years and, in tial; employees had only limited access to swer identifies the pay-setting decision, and direct contrast to discrete acts, a single act information regarding their colleagues’ earn- that decision alone, as the unlawful practice. of harassment may not be actionable on its ings. App. 56–57, 89. Under this view, each particular salary-set- own.’’ Ibid. (internal quotation marks omit- The problem of concealed pay discrimina- ting decision is discrete from prior and sub- ted). The persistence of the discriminatory tion is particularly acute where the dis- sequent decisions, and must be challenged conduct both indicates that management parity arises not because the female em- within 180 days on pain of forfeiture. An- should have known of its existence and pro- ployee is flatly denied a raise but because other response counts both the pay-setting duces a cognizable harm. Ibid. Because the male counterparts are given larger raises. decision and the actual payment of a dis- very nature of the hostile work environment Having received a pay increase, the female criminatory wage as unlawful practices. claim involves repeated conduct, employee is unlikely to discern at once that Under this approach, each payment of a wage ‘‘[i]t does not matter, for purposes of the she has experienced an adverse employment or salary infected by sex-based discrimina- statute, that some of the component acts of decision. She may have little reason even to tion constitutes an unlawful employment the hostile work environment fall outside suspect discrimination until a pattern devel- practice; prior decisions, outside the 180–day the statutory time period. Provided that an ops incrementally and she ultimately be- charge-filing period, are not themselves ac- act contributing to the claim occurs within comes aware of the disparity. Even if an em- tionable, but they are relevant in deter- the filing period, the entire time period of ployee suspects that the reason for a com- mining the lawfulness of conduct within the the hostile environment may be considered paratively low raise is not performance but period. The Court adopts the first view, see by a court for the purposes of determining li- sex (or another protected ground), the ante, at 1, 4, 9, but the second is more faith- ability.’’ Id., at 117. amount involved may seem too small, or the ful to precedent, more in tune with the reali- Consequently, although the unlawful con- employer’s intent too ambiguous, to make ties of the workplace, and more respectful of duct began in the past, ‘‘a charge may be the issue immediately actionable—or win- Title VII’ s remedial purpose. filed at a later date and still encompass the nable. A whole.’’ Ibid. Further separating pay claims from the In Bazemore, we unanimously held that an Pay disparities, of the kind Ledbetter ex- discrete employment actions identified in employer, the North Carolina Agricultural perienced, have a closer kinship to hostile Morgan, an employer gains from sex-based Extension Service, committed an unlawful work environment claims than to charges of pay disparities in a way it does not from a employment practice each time it paid black a single episode of discrimination. discriminatory denial of promotion, hiring, employees less than similarly situated white Ledbetter’s claim, resembling Morgan’s, or transfer. When a male employee is se- employees. 478 U.S., at 395 (opinion of Bren- rested not on one particular paycheck, but lected over a female for a higher level posi- nan, J.). Before 1965, the Extension Service on ‘‘the cumulative effect of individual tion, someone still gets the promotion and is was divided into two branches: a white acts.’’ See id., at 115. See also Brief for Peti- paid a higher salary; the employer is not en- branch and a ‘‘Negro branch.’’ Id., at 390. tioner 13, 15–17, and n. 9 (analogizing riched. But when a woman is paid less than Employees in the ‘‘Negro branch’’ were paid Ledbetter’s claim to the recurring and cumu- a similarly situated man, the employer re- less than their white counterparts. In re- lative harm at issue in Morgan); Reply Brief duces its costs each time the pay differential sponse to the Civil Rights Act of 1964, which for Petitioner 13 (distinguishing pay dis- is implemented. Furthermore, decisions on included Title VII, the State merged the two crimination from ‘‘easy to identify’’ discrete promotions, like decisions installing senior- branches into a single organization, made acts (internal quotation marks omitted)). ity systems, often implicate the interests of adjustments to reduce the salary disparity, She charged insidious discrimination build- third-party employees in a way that pay dif- and began giving annual raises based on non- ing up slowly but steadily. See Brief for Peti- ferentials do not. Cf. Teamsters v. United discriminatory factors. Id., at 390–391, 394– tioner 5–8. Initially in line with the salaries States, 431 U.S. 324, 352–353 (1977) (recognizing 395. Nonetheless, ‘‘some preexisting salary of men performing substantially the same that seniority systems involve ‘‘vested . . . disparities continued to linger on.’’ Id., at work, Ledbetter’s salary fell 15 to 40 percent rights of employees’’ and concluding that 394 (internal quotation marks omitted). We behind her male counterparts only after suc- Title VII was not intended to ‘‘destroy or rejected the Court of Appeals’ conclusion cessive evaluations and percentage-based water down’’ those rights). Disparate pay, by that the plaintiffs could not prevail because pay adjustments. See supra, at 1–2. Over contrast, can be remedied at any time solely the lingering disparities were simply a con- time, she alleged and proved, the repetition at the expense of the employer who acts in a tinuing effect of a decision lawfully made of pay decisions undervaluing her work gave discriminatory fashion.
VerDate Sep 11 2014 10:43 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.013 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5778 CONGRESSIONAL RECORD — SENATE September 22, 2020 C See also 137 Cong. Rec. 29046, 29047 (1991) check.’’); accord Hildebrandt v. Illinois Dept. In light of the significant differences be- (Sponsors’ Interpretative Memorandum) of Natural Resources, 347 F. 3d 1014, 1025–1029 tween pay disparities and discrete employ- (‘‘This legislation should be interpreted as (CA7 2003); Cardenas v. Massey, 269 F. 3d 251, ment decisions of the type identified in Mor- disapproving the extension of [Lorance] to 257 (CA3 2001); Ashley v. Boyle’s Famous gan, the cases on which the Court relies hold contexts outside of seniority systems.’’), But Corned Beef Co., 66 F. 3d 164, 167–168 (CA8 no sway. See ante, at 5–10 (discussing United cf. ante, at 18 (relying on Lorance to conclude 1995) (en banc); Brinkley-Obu v. Hughes Train- Air Lines. Inc. v. Evans, 431 U.S. 553 (1977), that ‘‘when an employer issues paychecks ing, Inc., 36 F. 3d 336, 347–349 (CA4 1994); Gibbs Delaware State College v. Ricks, 449 U.S. 250 pursuant to a system that is facially non- v. Pierce County Law Enforcement Support (1980), and Lorance v. AT&T Technologies, discriminatory and neutrally applied’’ a new Agency, 785 F. 2d 1396, 1399–1400 (CA9 1986). Inc., 490 U.S. 900 (1989)). Evans and Ricks both Title VII violation does not occur (internal Similarly in line with the real-world char- involved a single, immediately identifiable quotation marks omitted)). acteristics of pay discrimination, the act of discrimination: in Evans, a construc- Until today, in the more than 15 years EEOC—the federal agency responsible for en- tive discharge, 431 U.S., at 554; in Ricks, a de- since Congress amended Title VII, the Court forcing Title VII, see, e.g., 42 U.S.C. §§ 2000e– nial of tenure, 449 U.S., at 252. In each case, had not once relied upon Lorance. It is mis- 5(f)—has interpreted the Act to permit em- the employee filed charges well after the dis- taken to do so now. Just as Congress’ ‘‘goals ployees to challenge disparate pay each time crete discriminatory act occurred: When in enacting Title VII . . . never included con- it is received. The EEOC’s Compliance Man- United Airlines forced Evans to resign be- ferring absolute immunity on discriminator- ual provides that ‘‘repeated occurrences of cause of its policy barring married female ily adopted seniority systems that survive the same discriminatory employment action, flight attendants, she filed no charge; only their first [180] days,’’ 490 U.S., at 914 (Mar- such as discriminatory paychecks, can be four years later, when Evans was rehired, did shall, J., dissenting), Congress never in- challenged as long as one discriminatory act she allege that the airline’s former no-mar- tended to immunize forever discriminatory occurred within the charge filing period.’’ 2 riage rule was unlawful and therefore should pay differentials unchallenged within 180 EEOC Compliance Manual § 2–IV–C(1)(a), p. not operate to deny her seniority credit for days of their adoption. This assessment 605:0024, and n. 183 (2006); cf. id., § 10–III, p. her prior service. See Evans, 431 U.S., at 554– gains weight when one comprehends that 633:0002 (Title VII requires an employer to 557. Similarly, when Delaware State College even a relatively minor pay disparity will eliminate pay disparities attributable to a denied Ricks tenure, he did not object until expand exponentially over an employee’s discriminatory system, even if that system his terminal contract came to an end, one working life if raises are set as a percentage has been discontinued). year later. Ricks, 449 U.S., at 253–254, 257–258. of prior pay. The EEOC has given effect to its interpre- No repetitive, cumulative discriminatory A clue to congressional intent can be found tation in a series of administrative decisions. employment practice was at issue in either in Title VII’s backpay provision. The statute See Albritton v. Potter, No. 01A44063, 2004 WL case. See Evans, 431 U.S., at 557–558; Ricks, 449 expressly provides that backpay may be 2983682, *2 (EEOC Office of Fed. Operations, U.S., at 258. awarded for a period of up to two years be- Dec. 17, 2004) (although disparity arose and Lorance is also inapposite, for, in this fore the discrimination charge is filed. 42 employee became aware of the disparity out- Court’s view, it too involved a one-time dis- U.S.C. § 2000e–5(g)(l) (‘‘Back pay liability side the charge-filing period, claim was not crete act: the adoption of a new seniority shall not accrue from a date more than two time barred because ‘‘[e]ach paycheck that system that ‘‘had its genesis in sex discrimi- years prior to the filing of a charge with the complainant receives which is less than that nation.’’ See 490 U.S., at 902, 905 (internal Commission.’’). This prescription indicates of similarly situated employees outside of quotation marks omitted). The Court’s ex- that Congress contemplated challenges to her protected classes could support a claim tensive reliance on Lorance, ante, at 7–9, 14, pay discrimination commencing before, but under Title VII if discrimination is found to 17–18, moreover, is perplexing for that deci- continuing into, the 180-day filing period. be the reason for the pay discrepancy.’’ (cit- sion is no longer effective: In the 1991 Civil See Morgan, 536 U.S., at 119 (‘‘If Congress in- ing Bazemore, 478 U.S., at 396)). See also Rights Act, Congress superseded Lorance’s tended to limit liability to conduct occur- Bynum-Doles v. Winter, No. 01A53973, 2006 WL holding. 112, 105 Stat. 1079 (codified as ring in the period within which the party 2096290 (EEOC Office of Fed. Operations, July amended at 42 U.S.C. § 2000e–5(e)(2)). Repudi- must file the charge, it seems unlikely that 18, 2006); Ward v. Potter, No. 01A60047, 2006 WL ating our judgment that a facially neutral Congress would have allowed recovery for 721992 (EEOC Office of Fed. Operations, Mar. seniority system adopted with discrimina- two years of backpay.’’). As we recognized in 10, 2006). And in this very case, the EEOC tory intent must be challenged immediately, Morgan, ‘‘the fact that Congress expressly urged the Eleventh Circuit to recognize that Congress provided: limited the amount of recoverable damages Ledbetter’s failure to challenge any par- ‘‘For purposes of this section, an unlawful elsewhere to a particular time period [i.e., ticular pay-setting decision when that deci- employment practice occurs . . . when the two years] indicates that the [180–day] time- sion was made ‘‘does not deprive her of the seniority system is adopted, when an indi- ly filing provision was not meant to serve as right to seek relief for discriminatory pay- vidual becomes subject to the seniority sys- a specific limitation . . . [on] the conduct checks she received in 1997 and 1998.’’ Brief of tem, or when a person aggrieved is injured that may be considered.’’ Ibid. EEOC in Support of Petition for Rehearing by the application of the seniority system or D and Suggestion for Rehearing En Banc, in provision of the system.’’ Ibid. In tune with the realities of wage discrimi- No. 03–15264–GG (CA11), p. 14 (hereinafter Congress thus agreed with the dissenters in nation, the Courts of Appeals have over- Lorance that ‘‘the harsh reality of [that] de- EEOC Brief) (citing Morgan, 536 U.S., at 113). whelmingly judged as a present violation the II cision,’’ was ‘‘glaringly at odds with the pur- payment of wages infected by discrimina- The Court asserts that treating pay dis- poses of Title VII.’’ 490 U.S., at 914 (opinion tion: Each paycheck less than the amount crimination as a discrete act, limited to each of Marshall, J.). See also § 3, 105 Stat. 1071 payable had the employer adhered to a non- particular paysetting decision, is necessary (1991 Civil Rights Act was designed ‘‘to re- discriminatory compensation regime, courts to ‘‘protec[t] employers from the burden of spond to recent decisions of the Supreme have held, constitutes a cognizable harm. defending claims arising from employment Court by expanding the scope of relevant See, e.g., Forsyth v. Federation Employment decisions that are long past.’’ Ante, at 11 civil rights statutes in order to provide ade- and Guidance Serv., 409 F. 3d 565, 573 (CA2 (quoting Ricks, 449 U.S., at 256–257). But the quate protection to victims of discrimina- 2005) (‘‘Any paycheck given within the discrimination of which Ledbetter com- tion’’). True, § 112 of the 1991 Civil Rights Act di- [charge-filing] period . . . would be action- plained is not long past. As she alleged, and rectly addressed only seniority systems. See able, even if based on a discriminatory pay as the jury found, Goodyear continued to ante, at 8, and n. 2. But Congress made clear scale set up outside of the statutory pe- treat Ledbetter differently because of sex (1) its view that this Court had unduly con- riod.’’); Shea v. Rice, 409 F. 3d 448, 452—453 each pay period, with mounting harm. Al- tracted the scope of protection afforded by (CADC 2005) (‘‘[An] employer commit[s] a lowing employees to challenge discrimina- Title VII and other civil rights statutes, and separate unlawful employment practice each tion ‘‘that extend[s] over long periods of (2) its aim to generalize the ruling in time he pa[ys] one employee less than an- time,’’ into the charge-filing period, we have Bazemore. As the Senate Report accom- other for a discriminatory reason’’ (citing previously explained, ‘‘does not leave em- panying the proposed Civil Rights Act of Bazemore, 478 U.S., at 396)); Goodwin v. Gen- ployers defenseless’’ against unreasonable or 1990, the precursor to the 1991 Act, explained: eral Motors Corp., 275 F. 3d 1005, 1009–1010 prejudicial delay. Morgan, 536 U.S., at 121. ‘‘Where, as was alleged in Lorance, an em- (CA10 2002) (‘‘[Bazemore] has taught a crucial Employers disadvantaged by such delay may ployer adopts a rule or decision with an un- distinction with respect to discriminatory raise various defenses. Id., at 122. Doctrines lawful discriminatory motive, each applica- disparities in pay, establishing that a dis- such as ‘‘waiver, estoppel, and equitable toll- tion of that rule or decision is a new viola- criminatory salary is not merely a lingering ing’’ ‘‘allow us to honor Title VII’s remedial tion of the law. In Bazemore . . . , for exam- effect of past discrimination instead it is purpose without negating the particular pur- ple, . . . the Supreme Court properly held itself a continually recurring violation .... pose of the filing requirement, to give that each application of th[e] racially moti- [E]ach race-based discriminatory salary pay- prompt notice to the employer.’’ Id., at 121 vated salary structure, i.e., each new pay- ment constitutes a fresh violation of Title (quoting Zipes v. Trans World Airlines, Inc., check, constituted a distinct violation of VII.’’ (footnote omitted)); Anderson v. 455 U.S. 385, 398 (1982)); see 536 U.S., at 121 Title VII. Section 7(a)(2) generalizes the re- Zubieta, 180 F. 3d 329, 335 (CADC 1999) (‘‘The (defense of laches may be invoked to block sult correctly reached in Bazemore.’’ Civil Courts of Appeals have repeatedly reached an employee’s suit ‘‘if he unreasonably Rights Act of 1990, S. Rep. No. 101–315, p. 54 the . . . conclusion’’ that pay discrimination delays in filing [charges] and as a result (1990). is ‘‘actionable upon receipt of each pay- harms the defendant’’); EEOC Brief 15 (‘‘[I]f
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.013 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5779 Ledbetter unreasonably delayed challenging nial—was openly biased against women. Id., colleagues that this dissent was so im- an earlier decision, and that delay signifi- at 46, 77–82. And two women who had pre- portant, to read it from the bench. cantly impaired Goodyear’s ability to defend viously worked as managers at the plant told Not everything in the legislative or itself . . . Goodyear can raise a defense of the jury they had been subject to pervasive legal process is easy. It takes bringing laches . . . .’’). discrimination and were paid less than their awareness to our colleagues, and clear- In a last-ditch argument, the Court asserts male counterparts. One was paid less than that this dissent would allow a plaintiff to the men she supervised. Id., at 51–68. ly there is a lot of awareness that sue on a single decision made 20 years ago Ledbetter herself testified about the dis- needs to continue to happen here. This ‘‘even if the employee had full knowledge of criminatory animus conveyed to her by is about working families and their de- all the circumstances relating to the . . . de- plant officials. Toward the end of her career, sire to have healthcare coverage for cision at the time it was made.’’ Ante, at 20. for instance, the plant manager told preexisting conditions, protection of It suffices to point out that the defenses just Ledbetter that the ‘‘plant did not need reproductive rights, hundreds of thou- noted would make such a suit foolhardy. No women, that [women] didn’t help it, [and] sands of Dreamers wanting to know sensible judge would tolerate such inexcus- caused problems.’’ Id., at 36. After weighing what the future looks like, and obvi- able neglect. See Morgan, 536 U.S., at 121 (‘‘In all the evidence, the jury found for such cases, the federal courts have the dis- Ledbetter, concluding that the pay disparity ously LGBTQ rights and whether they cretionary power . . . to locate a just result was due to intentional discrimination. are going to be set back. in light of the circumstances peculiar to the Yet, under the Court’s decision, the dis- I think of the other time that I had case.’’ (internal quotation marks omitted)). crimination Ledbetter proved is not redress- a great interaction with Justice Gins- Ledbetter, the Court observes, ante, at 21, able under Title VII. Each and every pay de- burg. When I also first got here, we had n. 9, dropped an alternative remedy she could cision she did not immediately challenge this dinner every year. The Senator have pursued: Had she persisted in pressing wiped the slate clean. Consideration may not from Hawaii will find this interesting. her claim under the Equal Pay Act of 1963 be given to the cumulative effect of a series (EPA), 29 U.S.C. § 206(d), she would not have We in the Senate would be invited— of decisions that, together, set her pay well Democrats and Republicans—to have encountered a time bar. See ante, at 21 (‘‘If below that of every male area manager. Ledbetter had pursued her EPA claim, she Knowingly carrying past pay discrimination dinner with the Supreme Court. It was would not face the Title VII obstacles that forward must be treated as lawful conduct. a great night. We would go over to the she now confronts.’’); cf. Corning Glass Works Ledbetter may not be compensated for the Court, and we would have dinner. v. Brennan, 417 U.S. 188, 208–210 (1974). Nota- lower pay she was in fact receiving when she Actually, the Justices would open up bly, the EPA provides no relief when the pay complained to the EEOC. Nor, were she still their offices, and we could tour around. discrimination charged is based on race, reli- employed by Goodyear, could she gain, on I thought it was really interesting. If gion, national origin, age, or disability. the proof she presented at trial, injunctive you know anything about people, you Thus, in truncating the Title VII rule this relief requiring, prospectively, her receipt of can almost see how their mind works Court announced in Bazemore, the Court does the same compensation men receive for sub- not disarm female workers from achieving by the desk they keep. Some people stantially similar work. The Court’s appro- keep a messy desk, but they know redress for unequal pay, but it does impede bation of these consequences is totally at racial and other minorities from gaining odds with the robust protection against where every piece of paper is on the similar relief. workplace discrimination Congress intended desk. Other people have a very neat Furthermore, the difference between the Title VII to secure. See, e.g., Teamsters v. desk. EPA’s prohibition against paying unequal United States, 431 U.S., at 348 (‘‘The primary The whole thing—letting us into wages and Title VII’s ban on discrimination purpose of Title VII was to assure equality of their Chambers, talking about the de- with regard to compensation is not as large employment opportunities and to eliminate corum of the Supreme Court, how they as the Court’s opinion might suggest. See . . . discriminatory practices and de- ante, at 21. The key distinction is that Title shook hands every day, how they all vices. . . .’’ (internal quotation marks omit- worked with each other to try to keep VII requires a showing of intent. In practical ted)); Albemarle Paper Co. v. Moody, 422 U.S. effect, ‘‘if the trier of fact is in equipoise comity among the decisions when you 405, 418 (1975) (‘‘It is . . . the purpose of Title are going to disagree every day—was about whether the wage differential is moti- VII to make persons whole for injuries suf- vated by gender discrimination,’’ Title VII fered on account of unlawful employment very interesting. compels a verdict for the employer, while discrimination.’’). We usually had some entertainment. the EPA compels a verdict for the plaintiff. This is not the first time the Court has or- But it was kind of a moment where we 2 C. Sullivan, M. Zimmer, & R. White, Em- dered a cramped interpretation of Title VII, all said: We are in this together, and ployment Discrimination: Law and Practice incompatible with the statute’s broad reme- we are going to keep moving forward. § 7.08[F][3], p. 532 (3d ed. 2002). In this case, dial purpose. See supra, at 10–12. See also Several years later—I am not sure Ledbetter carried the burden of persuading Wards Cove Packing Co. v. Atonio, 490 U.S. 642 whose decision it was—I think maybe the jury that the pay disparity she suffered (1989) (superseded in part by the Civil Rights was attributable to intentional sex discrimi- around—I am not sure what year they Act of 1991); Price Waterhouse v. Hopkins, 490 disbanded that. They decided: We are nation. See supra, at 1–2; infra, this page and U.S. 228 (1989) (plurality opinion) (same); 1 B. 18. Lindemann & P. Grossman, Employment not doing that anymore. III Discrimination Law 2 (3d ed. 1996) (‘‘A spate I asked: Why aren’t we doing this? To show how far the Court has strayed of Court decisions in the late 1980s drew con- This is one of the greatest things we from interpretation of Title VII with fidelity gressional fire and resulted in demands for have done around here because Demo- to the Act’s core purpose, I return to the evi- legislative change[,]’’ culminating in the 1991 crats and Republicans would get to- dence Ledbetter presented at trial. Ledbetter Civil Rights Act (footnote omitted)). Once gether with the members of the Court proved to the jury the following: She was a again, the ball is in Congress’ court. As in and other people relevant to our asso- member of a protected class; she performed 1991, the Legislature may act to correct this work substantially equal to work of the ciations, and we would share a meal Court’s parsimonious reading of Title VII. and talk and say that this was about dominant class (men); she was compensated *** less for that work; and the disparity was at- For the reasons stated, I would hold that civility and working together—obvi- tributable to gender-based discrimination. Ledbetter’s claim is not time barred and ously a very divided branch as it re- See supra, at 1–2. would reverse the Eleventh Circuit’s judg- lates to the Senate and the judiciary. Specifically, Ledbetter’s evidence dem- ment. But nonetheless I so appreciated the onstrated that her current pay was Ms. CANTWELL. In that dissent, fact that even though that was dis- discriminatorily low due to a long series of Justice Ginsburg said: banded, Justice Ginsburg invited the decisions reflecting Goodyear’s pervasive women for dinner. She invited the discrimination against women managers in The problem of concealed pay discrimina- general and Ledbetter in particular. tion is particularly acute where the dis- women Senators to come over for din- Ledbetter’s former supervisor, for example, parity arises not because the female em- ner. I think we might have invited a admitted to the jury that Ledbetter’s pay, ployee is flatly denied a raise but because few of our ex-colleagues. I think Olym- during a particular one-year period, fell male counterparts are given larger raises. pia Snowe, the former Congresswoman below Goodyear’s minimum threshold for her Having received a pay increase, the female from Maine, might have been there. So employee is unlikely to discern at once that position. App. 93–97. Although Goodyear we invited some of our old colleagues. claimed the pay disparity was due to poor she has experienced an adverse employment decision. She may have little reason to sus- It might have been a dinner for a newly performance, the supervisor acknowledged added Justice to the Court. Nonethe- that Ledbetter received a ‘‘Top Performance pect discrimination until a pattern develops Award’’ in 1996. Id., at 90–93. The jury also incrementally and she ultimately becomes less, guess what we got with dinner. heard testimony that another supervisor— aware of the disparity. Great opera. Great opera. In fact, she who evaluated Ledbetter in 1997 and whose Again, I think of what bravery Jus- had I think two singers there that evaluation led to her most recent raise de- tice Ginsburg showed in saying to our evening and entertained us.
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.013 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5780 CONGRESSIONAL RECORD — SENATE September 22, 2020 It is that kind of spirit of people partisan academic perspective as a pro- ‘‘President Trump will nominate a working together and showing that. I fessor at Pomona College: ‘‘The idea of well-qualified justice and we will up- think that was probably what her rela- the Federalist Society was to train, hold our Constitution and protect our tionship was with Antonin Scalia. It credential, and socialize a generation freedoms’’—the Senator from Montana. was probably, yes, we are not always of alternative elites.’’ ‘‘I will support President Trump in going to agree, but we are going to That is how we know that any nomi- any effort to move forward regarding work together, and we are going to fig- nee they put forth will have views so the recent vacancy’’—the chairman of ure out how to make the best of this far out of the mainstream and far to the Committee on the Judiciary. situation and move forward. the right of even the existing Supreme ‘‘It is critical that the Senate takes I remember that. Even though this Court. So it is not a rhetorical flourish, up and confirms that successor before thing had been disbanded, she still and it is not a partisan statement to election day’’—the junior Senator from took the time—at least with the say that Trump’s nominee will not be Texas. women—to say: Do you know what? We committed to ensuring our most basic What makes this coordinated effort can all still work together. and fundamental rights: the right to to stack the Supreme Court even worse Whoever said the statement ‘‘Good privacy, reproductive rights, the right is that we heard the majority leader things come in small packages’’ had it to vote, the right to marry who you say specifically that he felt no sense of down when it came to Justice Ginsburg love, and even equal justice under the urgency to move on COVID relief. He because in that very small package law. felt no sense of urgency to move on came a lot of wisdom that got applied Perhaps what is most worrisome is COVID relief. I believe this was in May. to the rights particularly of women in that the President has made clear that I think it was in May when the House the United States of America with a whomever he nominates to the Su- passed the Heroes Act. The House calm but forceful voice that has moved preme Court will be in favor of striking passes a bill, and the Republicans say this ball down the road. It is up to all down the Affordable Care Act. With the it is too much. The majority leader de- of us to continue her legacy and get Court’s hearing yet another challenge cides: Do you know what? We are the to the ACA on November 10, it is not an equal pay for equal work and continue cooling saucer. We are the upper Cham- exaggeration to say that the law will to protect these rights that are well es- ber. We are just going to chill out here likely be gutted. It is a real risk. during this pandemic and see how tablished in the United States of Amer- Let’s be clear about what this means. things play out economically and in ica. The whole architecture of our My thoughts and prayers are with healthcare system could be destroyed terms of public health. the Ginsburg family. Well, things have played out pretty during the worst public health crisis in I yield the floor. badly economically and in terms of a century. This will, of course, dis- The PRESIDING OFFICER (Mr. proportionately impact our most vul- public health; yet there has been no HOEVEN). The Senator from Hawaii. nerable communities—communities of sense of urgency, no deal, no negotia- Mr. SCHATZ. Mr. President, we know color, low-income, indigenous, Alaska tion. Forget a deal for a second. There that on Saturday the President is like- Native, and Native Hawaiian commu- has not even been a serious attempt to ly to announce his nominee for the Su- nities. We are talking about repealing negotiate between the parties or be- preme Court, and we don’t know who Medicaid expansion—the policy that tween the branches of government— that is going to be, but we do know a allows people under the age of 26 to nothing. couple of things. We know, according stay on their parents’ health insur- Yet, when a Supreme Court vacancy to the chairman of the Judiciary Com- ance—and, most importantly, protec- happens—when Justice Ginsburg trag- mittee, that they already have the tions for preexisting conditions. ically passes—there is a tremendous votes. Let’s be clear about this, too: If you sense of clarity, a tremendous sense of What an extraordinary thing to al- have gotten COVID, you now have a alacrity, a determination to fill that ready know how you are going to vote preexisting condition. So, if you have seat so that, on November 10, they can on a nominee who has not yet been gotten COVID because of President take your healthcare away. That is the nominated. What an extraordinary Trump’s inaction and then if his nomi- sense of urgency that the majority thing to turn ‘‘advise and consent’’ nee is confirmed to the Supreme Court, leader feels in the middle of a pan- into ‘‘agreeing in advance.’’ What an your insurance company will be per- demic, and it is a shame. extraordinary thing. mitted to kick you off of your I yield the floor. There is another thing that we know healthcare plan or at least to increase (At the request of Mr. MCCONNELL, about this nominee. No matter who it your rate so high that you will not be the following statement was ordered to is, we know that this person is going to able to afford coverage. be printed in the RECORD.) come from a list provided by the Fed- Ripping away healthcare from at f eralist Society, an organization that least 20 million Americans and denying TRIBUTE TO ERICA SONGER has worked for decades to remake the coverage to people with preexisting Federal judiciary in its image. It has a conditions is a crazy and horrific thing ∑ Mr. TILLIS. Mr. President, as chair- long history of advancing a certain to do in normal times, but it is particu- man of the Senate Judiciary Com- agenda of seeking to roll back progress larly cruel during a pandemic that has mittee Subcommittee on Intellectual on civil rights, diminish environmental already claimed the lives of more than Property, I want to thank Erica Songer protections, and eliminate a woman’s 200,000 Americans, especially because, for her service in the Senate and in right to choose. It is an organization despite the recent promises and despite particular for her service as the sub- that believes in the power of executive the endless promises from both the committee’s minority chief counsel. authority and advances a particular, President and members of the Repub- The Intellectual Property Sub- unique, novel theory called the unitary lican Party, they have no alternative committee has been the most active executive, which is something that healthcare plan. We cannot and must subcommittee’s in the Senate, in no Alan Dershowitz proffered on the Sen- not impose this catastrophe on the small part due to Erica’s work. We ate floor during the impeachment trial. American people. have worked in a bipartisan fashion to It essentially says that the executive In moments when our country feels modernize our intellectual property branch is the President and that exten- torn apart, the traditional role of the system through forward-looking legis- sions of the President’s authority can Senate is supposed to be to calm ten- lative reforms. Across numerous hear- only go so far because the President is sions and solve our problems, but in- ings on various aspects of intellectual a whole branch of government unto stead of dealing with the tough issues, property law, as well as several bills, himself or herself. The Federalist Soci- the majority leader and the Republican Erica has been a vital resource to my ety also fights for the corporations and Party are going to inflict procedural team and me. the rich individual donors who quietly violence on the legislative branch with During this session, Erica has served fund their work. many Republicans pre-announcing the subcommittee in countless ways. As Amanda Hollis-Brusky says, who their support for the nominee without From promoting women in the intel- studies this organization from a non- even knowing who she or he may be. lectual property field to reforming our
VerDate Sep 11 2014 08:31 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.083 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5781 Nation’s patent eligibility laws, Erica the United States. They give their Her outstanding commitment to has been an innovator and go-getter. time, talent, knowledge, and friendship serving others continued afterward, There were countless times throughout to disabled veterans who need it most. when she worked as part of the United this Congress when the subcommittee’s We are thankful for their 100 years of Nations Relief and Rehabilitation Ad- work would get tough and it appeared service to the veteran community. ministration and the International we were at an insurmountable impasse. May God continue to bless the DAV Refugee Organization to help resettle Each time, Erica found a way forward and everyone they serve. over 10 million people displaced by the and kept us moving towards our shared Thank you. Second World War, including former goals: a stronger intellectual property f slave laborers and concentration camp survivors. Mrs. Smith also oversaw the system. REMEMBERING DR. ROLF H. establishment of six refugee camps in While I am sad that the Senate and EPPINGER the subcommittee will be losing a the American occupation zone. staffer as valuable as Erica, I am grate- Mr. VAN HOLLEN. Mr. President, I While working as a French-English ful for her public service these past 4 rise to pay tribute to an extraordinary translator in Naples, she met her be- years. Erica has shown that she will constituent, Dr. Rolf H. Eppinger, who loved husband, Dudley C. Smith, a U.S. excel at whatever she commits to, passed away on August 14, 2020. Dr. Naval officer. The two split their time whether graduating from Harvard Law Eppinger’s outstanding work has saved between Europe and the United States, School or making partner at one of the the lives of many Americans and will before settling permanently in Groton largest law firms in the world or serv- save many more in the years to come. Long Point, CT. ing as the chief counsel to my good Dr. Eppinger had a distinguished 34- Her tireless dedication to helping year career with the National Highway friend CHRIS COONS—and I am excited others in even the most arduous times for her as she steps into a new role and Traffic Safety Administration, NHTSA. is a credit to her generous spirit. A begins a new adventure.∑ There, he performed and led funda- deeply considerate and unfailingly mental biomechanics research that re- driven person, Mrs. Smith sets an in- f sulted in the development of crash test spiring model for all of us through her VOTE EXPLANATION dummies, the interpretation of their readiness to embrace new challenges Ms. SINEMA. Mr. President, I was measurements, the advancement of the and serve those in need. Her incredible necessarily absent but had I been prevention of crash injuries, and the legacy will be enduring. present would have voted yes on roll- reduction of the severity of crash inju- I applaud her many accomplishments call vote 182, on the nomination of ries. and hope my colleagues will join me in Franklin Ulyses Valderrama, of Illi- His work has helped save hundreds of congratulating Mrs. Liliane Couke nois, to be U.S. District Judge for the thousands of lives and many more inju- Smith on this milestone of her 100th ∑ Northern District of Illinois. ries worldwide. NHTSA has estimated birthday. Mr. President, I was necessarily ab- that in the United States, as of 2017, f more than 50,000 lives have been saved sent but had I been present would have TRIBUTE TO KRISTINA FOLCIK by airbags, 374,000 by safety belts, and voted yes on rollcall vote 183, on the ∑ Ms. HASSAN. Mr. President, I am nomination of Iain D. Johnston, of Illi- 11,000 by child restraints. Many times more serious injuries were prevented or proud to recognize Kristina Folcik of nois, to be U.S. District Judge for the Tamworth as September’s Granite Northern District of Illinois. ameliorated. The work of Dr. Eppinger and his Stater of the Month. As a survivor of Mr. President, I was necessarily ab- domestic violence, Kristina trans- sent but had I been present would have team formed the basis for the New Car Assessment Programs now in use formed her own healing process into a voted yes on rollcall vote 184, motion way to support other survivors by hik- to invoke cloture on the nomination of worldwide. Over the course of his career, Dr. ing 100 miles nonstop across some of Edward Meyers to be a Judge for the Eppinger published more than 120 tech- New Hampshire’s steepest peaks. She United States Court of Federal Claims nical papers dealing with automotive was the first person to ever finish that for a term of fifteen years. safety and was the holder of two U.S. portion of the Appalachian Trail in one f patents. In addition, he enjoyed sail- single trek. 100TH ANNIVERSARY OF THE boat racing and was an accomplished Kristina is an endurance athlete who DISABLED AMERICAN VETERANS watercolorist, pen and ink artist, has held multiple Fastest Known woodworker, boat builder, and general Times, which is a title given to individ- Mr. ROUNDS. Mr. President, I rise uals who have clocked the fastest time today to recognize the Disabled Amer- handyman. Dr. Eppinger is remembered for his on a particular route, including hiking ican Veterans—DAV—organization for trails. She even raced professionally its commitment to serving wartime- rigorous scientific medical and engi- neering research, integrity, decency, for a while, but stopped when her now- disabled veterans since its formation former husband started becoming abu- 100 years ago. As a member of the Sen- and humility. I ask my colleagues to join me in sive after she would win a race. ate Committee on Veterans’ Affairs, I sending our gratitude for Dr. For the last 2 years, Kristina worked am grateful for the positive impact of Eppinger’s outstanding contributions with Starting Point, a nonprofit orga- the DAV on disabled veterans in South and our deepest condolences to his wife nization in New Hampshire that helps Dakota and across the Nation. Karen, his children Justin and Dwight, survivors of domestic and sexual vio- Founded on September 25, 1920, the lence, to successfully separate from her DAV has grown to become the largest his daughter-in-law Kelly, and his grandchildren Alice and Hugo. abusive husband. In an effort to heal wartime veterans service organization from this harrowing and traumatic ex- in the United States, with more than 1 f perience, Kristina decided to attempt a million members in 1,344 chapters ADDITIONAL STATEMENTS 100-mile, nonstop hike. around the country. In the lead-up to announcing her de- The DAV helps disabled veterans and cision to attempt this extraordinary their families work through the bu- TRIBUTE TO LILIANE COUCKE feat, Kristina revealed publicly on so- reaucracy of the Federal and local gov- SMITH cial media that she had recently di- ernments to make sure they receive ∑ Mr. BLUMENTHAL. Mr. President, vorced from her abusive husband and the benefits they deserve. Additionally, today I rise to recognize Mrs. Liliane that she was going to complete this the organization operates a nationwide Coucke Smith, a remarkable woman 100-mile trek and dedicate it to women transportation network, providing free who served as a nurse during World who have been in abusive relationships. transportation for disabled veterans to War II and turns 100 on October 3. Much to her surprise, following her Department of Veterans Affairs hos- Born in Belgium, Mrs. Smith joined announcement, many women began to pitals and clinics. the Belgian Resistance at age 20. As a share their stories of abuse with We are truly blessed to have the DAV wartime nurse, she entered Germany Kristina, and some even publicly organization in South Dakota and in alongside the advancing Allied Forces. shared their experiences.
VerDate Sep 11 2014 09:11 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.009 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5782 CONGRESSIONAL RECORD — SENATE September 22, 2020 Kristina turned her hike into a fund- the U.S. critical industrial base, MESSAGES FROM THE HOUSE raiser, asking people to donate to the Beckwith Electric’s products are found At 2:15 p.m., a message from the organization that had helped her leave in military installations, hospitals, and House of Representatives, delivered by her abusive marriage. It was not until schools. They work with electric utili- Mr. Novotny, one of its reading clerks, Kristina had successfully completed ties, manufacturers, and producers of announced that the House has passed the hike 36 hours later that she real- alternative sources of energy world- the following bills, without amend- ized the fundraiser had raised more wide. They also contributed to rebuild- ment: than $1,000 for Starting Point. ing Iraq’s power grid during Operation S. 209. An act to amend the Indian Self-De- Apart from breaking records, Iraqi Freedom. termination and Education Assistance Act Kristina also owns Rockhopper Races Over the years, Beckwith Electric to provide further self-governance by Indian LLC, which hosts races in the White has been recognized for excellence in Tribes, and for other purposes. Mountains and raises money for orga- their industrial field and for their edu- S. 227. An act to direct the Attorney Gen- nizations that maintain and preserve cational programs. Partnering with St. eral to review, revise, and develop law en- New Hampshire’s beautiful natural re- Petersburg College and Pinellas Coun- forcement and justice protocols appropriate sources. to address missing and murdered Indians, ty Schools, Beckwith Electric regu- and for other purposes. Kristina not only achieved an incred- larly hosts educational workshops and S. 294. An act to establish a business incu- ible athletic feat, but also made a dif- technical training programs. In 2012, bators program within the Department of ference in the lives of others by having they earned the Florida Sterling Coun- the Interior to promote economic develop- the courage to speak out about her cil Challenger Award. Beckwith has ment in Indian reservation communities. past trauma. Kristina’s strength is an also earned several local and national S. 490. An act to designate a mountain inspiration and reflects the kind of de- awards from the Institute of Electrical ridge in the State of Montana as ‘‘B–47 termination to build strength through Ridge’’. and Electronics Engineers—IEEE—the S. 832. An act to nullify the Supplemental outreach and mutual support that the industry’s professional society. They Treaty Between the United States of Amer- Granite State is known for. I am proud partner with IEEE in hosting con- ica and the Confederated Tribes and Bands of to recognize her efforts.∑ tinuing education workshops for indus- Indians of Middle Oregon, concluded on No- f try professionals. vember 15, 1865. S. 982. An act to increase intergovern- RECOGNIZING BECKWITH Like many other Floridian small businesses, Beckwith Electric Company mental coordination to identify and combat ELECTRIC COMPANY, INC. violent crime within Indian lands and of In- was impacted by the coronavirus pan- ∑ Mr. RUBIO. Mr. President, as chair- dians. demic. An essential business, they S. 1321. An act to amend title 18, United man of the Senate Committee on Small managed to stay open, keep their em- States Code, to prohibit interference with Business and Entrepreneurship, each ployees safe, and play a key role in voting systems under the Computer Fraud week I recognize a small business that keeping our nation’s electrical utilities and Abuse Act. exemplifies the American entrepre- running smoothly. In April 2020, the S. 1380. An act to amend the Federal Rules neurial spirit at the heart of our coun- U.S. Small Business Administration of Criminal Procedure to remind prosecutors of their obligations under Supreme Court try. It is my privilege to recognize a launched the Paycheck Protection Pro- family-owned small business with an case law. gram, a small business relief program S. 2661. An act to amend the Communica- outstanding record of innovation and that I was proud to author. The PPP tions Act of 1934 to designate 9–8–8 as the industry leadership. This week, it is provides forgivable loans to impacted universal telephone number for the purpose my pleasure to honor Beckwith Elec- small businesses and nonprofits who of the national suicide prevention and men- tric Company, Inc., of Largo, FL, as maintain their payroll during the tal health crisis hotline system operating the Senate Small Business of the Week. COVID–19 pandemic. Thanks to their through the National Suicide Prevention In 1967, Robert W. Beckwith estab- Lifeline and through the Veterans Crisis PPP loan, Beckwith Electric saved 20 Line, and for other purposes. lished Beckwith Electric in Illinois to jobs, while paying all of their 185 em- The message further announced that provide equipment and services for ployees. the House has passed the following electric utility providers. Robert, an Beckwith Electric Company dem- bills, in which it requests the concur- electric engineer, was a prolific inven- onstrates the key role that small busi- rence of the Senate: tor who held more than 30 patents dur- nesses play in our Nation’s critical in- ing his lifetime. Under his leadership, frastructure and industrial manufac- H.R. 139. An act to direct the Secretary of Beckwith Electric developed several the Interior to conduct a special resource turing base. I commend their innova- study of the site associated with the 1908 products integral to electric utilities, tion, resilience, and high-quality work. including the first solid state Springfield Race Riot in the State of Illinois. Congratulations to Thomas and the en- H.R. 895. An act to allow tribal grant tapchanger control in 1968 and micro- tire team at Beckwith Electric Com- schools to participate in the Federal Em- processor protective relay in 1981. As pany. I look forward to watching your ployee Health Benefits program. the company grew, Robert relocated continued innovation and growth in H.R. 1418. An act to restore the application Beckwith Electric to Largo, FL, in Florida and beyond.∑ of the Federal antitrust laws to the business 1974. Like many Floridian small busi- of health insurance to protect competition and consumers. nesses, Beckwith Electric’s facilities f were completely destroyed by Hurri- H.R. 1646. An act to require the Secretary of Health and Human Services to improve cane Andrew in 1992. Through careful MESSAGES FROM THE PRESIDENT the detection, prevention, and treatment of planning, innovation, and an emphasis Messages from the President of the mental health issues among public safety of- on customer service, Beckwith Electric ficers, and for other purposes. rebuilt its facilities and continued to United States were communicated to H.R. 1702. An act waive the application fee grow. the Senate by Ms. Roberts, one of his for any special use permit for veterans’ spe- Today, Beckwith Electric Company secretaries. cial events at war memorials on land admin- is one of the largest manufacturing istered by the National Park Service in the companies in the Tampa area. Rich- f District of Columbia and its environs, and for other purposes. ard’s son, Thomas Beckwith, serves as EXECUTIVE MESSAGES REFERRED H.R. 2271. An act to amend the Public chief executive officer and led the com- Health Service Act to improve the health of pany to a 33-percent increase in growth In executive session the Presiding Of- children and help better understand and en- last year. Beckwith Electric designs ficer laid before the Senate messages hance awareness about unexpected sudden and manufactures all of its products, from the President of the United death in early life. including components for electrical States submitting sundry nominations H.R. 3160. An act to direct the Secretary of power grids, generators, and protective and a withdrawal which were referred the Interior to take certain land located in Pinal County, Arizona, into trust for the relays for transformers at its Largo, to the appropriate committees. benefit of the Gila River Indian Community, FL, facility. These items protect, (The messages received today are and for other purposes. strengthen, and increase the efficiency printed at the end of the Senate pro- H.R. 3349. An act to authorize the Daugh- of electric utility networks. As part of ceedings.) ters of the Republic of Texas to establish the
VerDate Sep 11 2014 09:11 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.064 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5783 Republic of Texas Legation Memorial as a ports after activation of the Disaster Infor- lish a commemorative work in the District commemorative work in the District of Co- mation Reporting System and to make im- of Columbia and its environs, and for other lumbia, and for other purposes. provements to network outage reporting. purposes; to the Committee on Energy and H.R. 3465. An act to authorize the Fallen H.R. 6100. An act to amend title 18, United Natural Resources. Journalists Memorial Foundation to estab- States Code, to clarify the criminalization of H.R. 3935. An act to amend title XIX of the lish a commemorative work in the District female genital mutilation, and for other pur- Social Security Act to provide for the con- of Columbia and its environs, and for other poses. tinuing requirement of Medicaid coverage of purposes. H.R. 6294. An act to require data sharing nonemergency transportation to medically H.R. 3935. An act to amend title XIX of the regarding protecting the homeless from necessary services; to the Committee on Fi- Social Security Act to provide for the con- coronavirus, and for other purposes. nance. tinuing requirement of Medicaid coverage of H.R. 6735. An act to establish the Consumer H.R. 4564. An act to amend the Public nonemergency transportation to medically and Investor Fraud Working Group to help Health Service Act to ensure the provision of necessary services. protect consumers and investors from fraud high-quality service through the Suicide H.R. 4564. An act to amend the Public during the COVID–19 pandemic, to assist Prevention Lifeline, and for other purposes; Health Service Act to ensure the provision of consumers and investors affected by such to the Committee on Health, Education, high-quality service through the Suicide fraud, and for other purposes. Labor, and Pensions. Prevention Lifeline, and for other purposes. H.R. 6934. An act to amend the CARES Act H.R. 4585. An act to require the Secretary H.R. 4585. An act to require the Secretary to require the uniform treatment of nation- of Health and Human Services to conduct a of Health and Human Services to conduct a ally recognized statistical rating organiza- national suicide prevention media campaign, national suicide prevention media campaign, tions under certain programs carried out in and for other purposes; to the Committee on and for other purposes. response to the COVID–19 emergency, and for Health, Education, Labor, and Pensions. H.R. 4866. An act to amend the 21st Cen- other purposes. H.R. 4866. An act to amend the 21st Cen- tury Cures Act to provide for designation of H.R. 7574. An act to amend the Public tury Cures Act to provide for designation of institutions of higher education that provide Health Service Act with respect to the Stra- institutions of higher education that provide research, data, and leadership on continuous tegic National Stockpile, and for other pur- research, data, and leadership on continuous manufacturing as National Centers of Excel- poses. manufacturing as National Centers of Excel- lence in Continuous Pharmaceutical Manu- H.R. 7592. An act to require the Comp- lence in Continuous Pharmaceutical Manu- facturing, and for other purposes. troller General of the United States to carry facturing, and for other purposes; to the H.R. 4957. An act to amend the Indian Child out a study on trafficking, and for other pur- Committee on Health, Education, Labor, and Protection and Family Violence Prevention poses. Pensions. Act. The message also announced that the H.R. 4957. An act to amend the Indian Child H.R. 4995. An act to amend the Public House has agreed to the following reso- Protection and Family Violence Prevention Health Service Act to improve obstetric care lution: Act; to the Committee on Indian Affairs. and maternal health outcomes, and for other H.R. 4995. An act to amend the Public purposes. H. Res. 1128. Resolution relative to the Health Service Act to improve obstetric care H.R. 5053. An act to exempt juveniles from death of the Honorable Ruth Bader Ginsburg, and maternal health outcomes, and for other the requirements for suits by prisoners, and Associate Justice of the Supreme Court of purposes; to the Committee on Health, Edu- for other purposes. the United States. cation, Labor, and Pensions. H.R. 5309. An act to prohibit discrimina- At 8:29 p.m., a message from the H.R. 5053. An act to exempt juveniles from tion based on an individual’s texture or style the requirements for suits by prisoners, and of hair. House of Representatives, delivered by for other purposes; to the Committee on the H.R. 5322. An act to establish or modify re- Mr. Novotny, one of its reading clerks, Judiciary. quirements relating to minority depository announced that the House has passed H.R. 5309. An act to prohibit discrimina- institutions, community development finan- the following bill, in which it requests tion based on an individual’s texture or style cial institutions, and impact banks, and for the concurrence of the Senate: of hair; to the Committee on the Judiciary. other purposes. H.R. 8337. An act making continuing appro- H.R. 5322. An act to establish or modify re- H.R. 5546. An act to regulate monitoring of priations for fiscal year 2021, and for other quirements relating to minority depository electronic communications between an in- purposes. institutions, community development finan- carcerated person in a Bureau of Prisons fa- cial institutions, and impact banks, and for cility and that person’s attorney or other f other purposes; to the Committee on Bank- legal representative, and for other purposes. MEASURES REFERRED ing, Housing, and Urban Affairs. H.R. 5567. An act to amend the Commu- H.R. 5546. An act to regulate monitoring of nications Act of 1934 to require the Federal The following bills were read the first electronic communications between an in- Communications Commission to consider and the second times by unanimous carcerated person in a Bureau of Prisons fa- market entry barriers for socially disadvan- consent, and referred as indicated: cility and that person’s attorney or other taged individuals in the communications H.R. 1418. An act to restore the application legal representative, and for other purposes; marketplace report under section 13 of such of the Federal antitrust laws to the business to the Committee on the Judiciary. Act. of health insurance to protect competition H.R. 5567. An act to amend the Commu- H.R. 5602. An act to authorize dedicated do- and consumers; to the Committee on the Ju- nications Act of 1934 to require the Federal mestic terrorism offices within the Depart- diciary. Communications Commission to consider ment of Homeland Security, the Department H.R. 1646. An act to require the Secretary market entry barriers for socially disadvan- of Justice, and the Federal Bureau of Inves- of Health and Human Services to improve taged individuals in the communications tigation to analyze and monitor domestic the detection, prevention, and treatment of marketplace report under section 13 of such terrorist activity and require the Federal mental health issues among public safety of- Act; to the Committee on Commerce, Government to take steps to prevent domes- ficers, and for other purposes; to the Com- Science, and Transportation. tic terrorism. mittee on Health, Education, Labor, and H.R. 5602. An act to authorize dedicated do- H.R. 5619. An act to authorize a pilot pro- Pensions. mestic terrorism offices within the Depart- gram to expand and intensify surveillance of H.R. 1702. An act to waive the application ment of Homeland Security, the Department self-harm in partnership with State and local fee for any special use permit for veterans’ of Justice, and the Federal Bureau of Inves- public health departments, to establish a special events at war memorials on land, ad- tigation to analyze and monitor domestic grant program to provide self-harm and sui- ministered by the National Park Service in terrorist activity and require the Federal cide prevention services in hospital emer- the District of Columbia and its environs, Government to take steps to prevent domes- gency departments, and for other purposes. and for other purposes; to the Committee on tic terrorism; to the Committee on the Judi- H.R. 5663. An act to amend the Federal Energy and Natural Resources. ciary. Food, Drug, and Cosmetic Act to give au- H.R. 2271. An act to amend the Public H.R. 5619. An act to authorize a pilot pro- thority to the Secretary of Health and Health Service Act to improve the health of gram to expand and intensify surveillance of Human Services, acting through the Com- children and help better understand and en- self-harm in partnership with State and local missioner of Food and Drugs, to destroy hance awareness about unexpected sudden public health departments, to establish a counterfeit devices. death in early life; to the Committee on grant program to provide self-harm and sui- H.R. 5698. An act to direct the Secretary of Health, Education, Labor, and Pensions. cide prevention services in hospital emer- the Treasury to instruct the United States H.R. 3349. An act to authorize the Daugh- gency departments, and for other purposes; Executive Directors at the international fi- ters of the Republic of Texas to establish the to the Committee on Health, Education, nancial institutions on United States policy Republic of Texas Legation Memorial as a Labor, and Pensions. regarding international financial institution commemorative work in the District of Co- H.R. 5663. An act to amend the Federal assistance with respect to advanced wireless lumbia, and for other purposes; to the Com- Food, Drug, and Cosmetic Act to give au- technologies. mittee on Energy and Natural Resources. thority to the Secretary of Health and H.R. 5918. An act to direct the Federal H.R. 3465. An act to authorize the Fallen Human Services, acting through the Com- Communications Commission to issue re- Journalists Memorial Foundation to estab- missioner of Food and Drugs, to destroy
VerDate Sep 11 2014 09:11 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.015 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5784 CONGRESSIONAL RECORD — SENATE September 22, 2020 counterfeit devices; to the Committee on EC–5478. A communication from the Direc- Antideficiency Act (ADA) Violations; to the Health, Education, Labor, and Pensions. tor of the Regulatory Management Division, Committee on Appropriations. H.R. 5698. An act to direct the Secretary of Environmental Protection Agency, transmit- EC–5488. A communication from the Sec- the Treasury to instruct the United States ting, pursuant to law, the report of a rule en- retary of the Treasury, transmitting, pursu- Executive Directors at the international fi- titled ‘‘Final Rule for IN–11342: 2-propenoic ant to law, a six-month periodic report on nancial institutions on United States policy acid, 2-methyl-, polymer with 2,5-furandione the national emergency with respect to sig- regarding international financial institution and 2,4,4-trimethyl-1-pentene, potassium sa’’ nificant foreign narcotics traffickers cen- assistance with respect to advanced wireless (FRL No. 10003–65–OCSPP) received in the Of- tered in Colombia that was declared in Exec- technologies; to the Committee on Com- fice of the President of the Senate on Sep- utive Order 12978 of October 21, 1995; to the merce, Science, and Transportation. tember 16, 2020; to the Committee on Agri- Committee on Banking, Housing, and Urban H.R. 5918. An act to direct the Federal culture, Nutrition, and Forestry. Affairs. Communications Commission to issue re- EC–5479. A communication from the Direc- EC–5489. A communication from the Sec- ports after activation of the Disaster Infor- tor of the Regulatory Management Division, retary of the Treasury, transmitting, pursu- mation Reporting System and to make im- Environmental Protection Agency, transmit- ant to law, a six-month periodic report on provements to network outage reporting; to ting, pursuant to law, the report of a rule en- the national emergency with respect to the the Committee on Commerce, Science, and titled ‘‘Inpyrfluxam; Pesticide Tolerances’’ situation in and in relation to Syria that was Transportation. (FRL No. 10011–32–OCSPP) received in the Of- declared in Executive Order 13894 of October H.R. 6100. An act to amend title 18, United fice of the President of the Senate on Sep- 14, 2019; to the Committee on Banking, Hous- States Code, to clarify the criminalization of tember 16, 2020; to the Committee on Agri- ing, and Urban Affairs. female genital mutilation, and for other pur- culture, Nutrition, and Forestry. EC–5490. A communication from the Sec- poses; to the Committee on the Judiciary. EC–5480. A communication from the Fed- retary of the Treasury, transmitting, pursu- H.R. 6294. An act to require data sharing eral Register Liaison Officer, Office of the ant to law, a six-month periodic report on regarding protecting the homeless from Secretary, Department of Defense, transmit- the national emergency with respect to Iran coronavirus, and for other purposes; to the ting, pursuant to law, the report of a rule en- as declared in Executive Order 12957 of March Committee on Banking, Housing, and Urban titled ‘‘Sexual Assault Prevention and Re- 15, 1995; to the Committee on Banking, Hous- Affairs. sponse Program Procedures’’ (RIN0790–AK82) ing, and Urban Affairs. H.R. 6735. An act to establish the Consumer received in the Office of the President of the EC–5491. A communication from the Direc- and Investor Fraud Working Group to help Senate on September 16, 2020; to the Com- tor of the Regulatory Management Division, protect consumers and investors from fraud mittee on Armed Services. Environmental Protection Agency, transmit- during the COVID–19 pandemic, to assist EC–5481. A communication from the Legis- ting, pursuant to law, the report of a rule en- consumers and investors affected by such lative Assistant to the Commandant, Head- titled ‘‘Test Methods and Performance Spec- fraud, and for other purposes; to the Com- quarters of the United States Marine Corps, ifications for Air Emission Sources’’ (FRL mittee on Banking, Housing, and Urban Af- Department of Defense, transmitting, pursu- No. 10012–11–OAR) received in the Office of fairs. ant to law, a report relative to limitation on the President of the Senate on September 16, H.R. 6934. An act to amend the CARES Act the physical move, integration, reassign- 2020; to the Committee on Environment and to require the uniform treatment of nation- ment, or shift in responsibility of U.S. Ma- Public Works. ally recognized statistical rating organiza- rine Forces Northern Command; to the Com- EC–5492. A communication from the Direc- tions under certain programs carried out in mittee on Armed Services. tor of the Regulatory Management Division, response to the COVID–19 emergency, and for EC–5482. A communication from the Under Environmental Protection Agency, transmit- other purposes; to the Committee on Bank- Secretary of Defense (Personnel and Readi- ting, pursuant to law, the report of a rule en- ing, Housing, and Urban Affairs. ness), transmitting a report on the approved titled ‘‘Air Quality State Implementation H.R. 7574. An act to amend the Public retirement of Vice Admiral Fredrick J. Plans; Approval and Promulgation of Imple- Health Service Act with respect to the Stra- Roegge, United States Navy, and his ad- mentation Plans; Utah; Infrastructure Re- tegic National Stockpile, and for other pur- vancement to the grade of vice admiral on quirements for the 2015 Ozone National Am- poses; to the Committee on Health, Edu- the retired list; to the Committee on Armed bient Air Quality Standards’’ (FRL No. cation, Labor, and Pensions. Services. 10013–92–Region 8) received in the Office of EC–5483. A communication from the Fed- H.R. 7592. An act to require the Comp- the President of the Senate on September 16, eral Register Liaison Officer, Office of the troller General of the United States to carry 2020; to the Committee on Environment and Secretary, Department of Defense, transmit- out a study on trafficking, and for other pur- Public Works. ting, pursuant to law, the report of a rule en- EC–5493. A communication from the Direc- poses; to the Committee on Banking, Hous- titled ‘‘Defense Commissary Agency Privacy tor of the Regulatory Management Division, ing, and Urban Affairs. Act Program’’ (RIN0790–AK72) received in Environmental Protection Agency, transmit- f the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- titled ‘‘Air Plan Approval; Alabama; Air MEASURES PLACED ON THE September 16, 2020; to the Committee on Armed Services. Quality Control, VOC Definition’’ (FRL No. CALENDAR EC–5484. A communication from the Fed- 10013–41–Region 4) received in the Office of The following bill was read the first eral Register Liaison Officer, Office of the the President of the Senate on September 16, and second times by unanimous con- Secretary, Department of Defense, transmit- 2020; to the Committee on Environment and sent, and placed on the calendar: ting, pursuant to law, the report of a rule en- Public Works. titled ‘‘Defense Commissary Agency Act Pro- EC–5494. A communication from the Direc- H.R. 139. An act to direct the Secretary of gram’’ (RIN0790–AK72) received in the Office tor of the Regulatory Management Division, the Interior to conduct a special resource of the President of the Senate on September Environmental Protection Agency, transmit- study of the site associated with the 1908 16, 2020; to the Committee on Armed Serv- ting, pursuant to law, the report of a rule en- Springfield Race Riot in the State of Illinois. ices. titled ‘‘Air Plan Approval; California; Con- f EC–5485. A communication from the Fed- sumer Products Regulations’’ (FRL No. eral Register Liaison Officer, Office of the 10013–66–Region 9) received in the Office of MEASURES READ THE FIRST TIME Secretary, Department of Defense, transmit- the President of the Senate on September 16, The following bills were read the first ting, pursuant to law, the report of a rule en- 2020; to the Committee on Environment and time: titled ‘‘Collection from Third Party Payers Public Works. of Reasonable Charges for Healthcare Serv- EC–5495. A communication from the Direc- H.R. 8337. An act making continuing appro- ices’’ (RIN0720–AB68) received in the Office of tor of the Regulatory Management Division, priations for fiscal year 2021, and for other the President of the Senate on September 16, Environmental Protection Agency, transmit- purposes. 2020; to the Committee on Armed Services. ting, pursuant to law, the report of a rule en- S. 4653. A bill to protect the healthcare of EC–5486. A communication from the Fed- titled ‘‘Air Plan Approval; California; Feath- hundreds of millions of people of the United eral Register Liaison Officer, Office of the er River Air Quality Management’’ (FRL No. States and prevent efforts of the Department Secretary, Department of Defense, transmit- 10012–89–Region 9) received in the Office of of Justice to advocate courts to strike down ting, pursuant to law, the report of a rule en- the President of the Senate on September 16, the Patient Protection and Affordable Care titled ‘‘TRICARE Coverage of Certain Med- 2020; to the Committee on Environment and Act. ical Benefits in Response to the COVID–19 Public Works. f Pandemic’’ (RIN0720–AB82) received in the EC–5496. A communication from the Direc- Office of the President of the Senate on Sep- tor of the Regulatory Management Division, EXECUTIVE AND OTHER tember 16, 2020; to the Committee on Armed Environmental Protection Agency, transmit- COMMUNICATIONS Services. ting, pursuant to law, the report of a rule en- EC–5487. A communication from the Assist- titled ‘‘Air Plan Approval; Georgia; Permit The following communications were ant Secretary of the Navy Performing the Requirements’’ (FRL No. 10013–22–Region 4) laid before the Senate, together with Duties of the Under Secretary of Defense received in the Office of the President of the accompanying papers, reports, and doc- (Comptroller/Chief Financial Officer), trans- Senate on September 16, 2020; to the Com- uments, and were referred as indicated: mitting, pursuant to law, a report relative to mittee on Environment and Public Works.
VerDate Sep 11 2014 09:11 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.022 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5785 EC–5497. A communication from the Direc- Commission, transmitting, pursuant to law, 6. Robert K. Wong (brother): None, None, tor of the Regulatory Management Division, the report of a rule entitled ‘‘Procedural None; Elizabeth Leung (sister): None, None, Environmental Protection Agency, transmit- Regulation on Issuing Guidance’’ (RIN3046– None; Kirstin ‘‘Kirby’’ Leung (sister’s ting, pursuant to law, the report of a rule en- AB18) received in the Office of the President spouse): None, None, None. titled ‘‘Air Plan Approval; Wisconsin; VOC of the Senate on September 16, 2020; to the RACT for the Wisconsin Portion of the Chi- Committee on Health, Education, Labor, and Alex Nelson Wong, of New Jersey, to be an cago-Naperville, Illinois-Indiana-Wisconsin Pensions. Alternate Representative of the United Area’’ (FRL No. 10011–74–Region 5) received EC–5506. A communication from the Assist- States of America to the Sessions of the in the Office of the President of the Senate ant Secretary for Legislation, Department of General Assembly of the United Nations dur- on September 16, 2020; to the Committee on Health and Human Services, transmitting, ing his tenure of service as Alternate Rep- Environment and Public Works. pursuant to law, a report entitled ‘‘Fiscal resentative of the United States of America EC–5498. A communication from the Direc- Year 2019 Annual Progress Report to Con- for Special Political Affairs in the United tor of the Regulatory Management Division, gress on the C.W. Bill Young Cell Transplan- Nations. Environmental Protection Agency, transmit- tation Program and the National Cord Blood Nominee: Alex N. Wong. ting, pursuant to law, the report of a rule en- Inventory Program’’; to the Committee on Post: Alternate Representative to the UN titled ‘‘Amendments Related to Marine Die- Health, Education, Labor, and Pensions. for Special Political Affairs. sel Engine Emission Standards’’ (FRL No. EC–5507. A communication from the In- (The following is a list of all members of 10013–36–OAR) received in the Office of the spector General, Railroad Retirement Board, my immediate family and their spouses. I President of the Senate on September 16, transmitting, pursuant to law, a report rel- have asked each of these persons to inform 2020; to the Committee on Environment and ative to the Office of Inspector General’s me of the pertinent contributions made by Public Works. budget request for fiscal year 2022; to the EC–5499. A communication from the Direc- them. To the best of my knowledge, the in- Committee on Health, Education, Labor, and formation contained in this report is com- tor of the Regulatory Management Division, Pensions. Environmental Protection Agency, transmit- plete and accurate.) EC–5508. A communication from the Assist- Contributions, amount, date, and donee: ting, pursuant to law, the report of a rule en- ant Secretary for Legislation, Department of titled ‘‘Approval and Limited Approval and 1. Self: $250.00, 03/14/2016, Mike Gallagher Health and Human Services, transmitting, for Wisconsin. Limited Disapproval of California Air Plan pursuant to law, a report entitled ‘‘2019 An- Revisions; San Diego County Air Pollution 2. Candice Wong (spouse): None, None, nual Report to Congress on the Native Ha- None. Control District; Stationary Source Per- waiian Revolving Loan Fund’’; to the Com- mits’’ (FRL No. 10013–14–Region 9) received 3. Chase Wong (child): None, None, None; mittee on Indian Affairs. Avery Wong (child): None, None, None. in the Office of the President of the Senate EC–5509. A communication from the Fed- on September 16, 2020; to the Committee on 4. Robert C. K. Wong (father): None, None, eral Register Liaison Officer, Office of the None; Grace L. Wong (mother): None, None, Environment and Public Works. Secretary, Department of Defense, transmit- EC–5500. A communication from the Direc- None. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, 5. Lily Chan (grandmother) (deceased): titled ‘‘Defense Intelligence Agency Privacy Environmental Protection Agency, transmit- None, None, None; Wong Kam Wai (grand- ting, pursuant to law, the report of a rule en- Program’’ (RIN0790–AK65) received in the Of- father) (deceased): None, None, None; Chan titled ‘‘Commonwealth of Kentucky: Final fice of the President of the Senate on Sep- Chuen Chai (grandmother) (deceased): None, Approval of State Underground Storage tember 15, 2020; to the Committee on the Ju- None, None; Lau Chee Kan (grandfather) (de- Tank Program’’ (FRL No. 10013–46–Region 4) diciary. ceased): None, None, None. received in the Office of the President of the EC–5510. A communication from the Sec- 6. Robert K. Wong (brother): None, None, Senate on September 16, 2020; to the Com- tion Chief of the Diversion Control Division, None. Elizabeth Leung (sister): None, None, mittee on Environment and Public Works. Drug Enforcement Administration, Depart- None. Kirstin ‘‘Kirby’’ Leung (sister’s EC–5501. A communication from the Direc- ment of Justice, transmitting, pursuant to spouse): None, None, None. tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Implemen- Environmental Protection Agency, transmit- tation of the Agriculture Improvement Act Kenneth R. Weinstein, of the District of ting, pursuant to law, the report of a rule en- of 2018’’ (RIN1117–AB53) received in the Office Columbia, to be Ambassador Extraordinary titled ‘‘Oil and Natural Gas Sector: Emission of the President of the Senate on September and Plenipotentiary of the United States of Standards for New, Reconstructed, and Modi- 16, 2020; to the Committee on the Judiciary. America to Japan. fied Sources Reconsideration’’ (FRL No. f Nominee: Kenneth R. Weinstein. 10013–60–OAR) received in the Office of the EXECUTIVE REPORTS OF Post: Ambassador. President of the Senate on September 16, (The following is a list of all members of 2020; to the Committee on Environment and COMMITTEE my immediate family and their spouses. I Public Works. The following executive reports of have asked each of these persons to inform EC–5502. A communication from the Direc- nominations were submitted: me of the pertinent contributions made by tor of the Regulatory Management Division, By Mr. RISCH for the Committee on For- them. To the best of my knowledge, the in- Environmental Protection Agency, transmit- formation contained in this report is com- ting, pursuant to law, the report of a rule en- eign Relations. Alex Nelson Wong, of New Jersey, to be Al- plete and accurate.) titled ‘‘Oil and Natural Gas Sector: Emission Contributions, amount, date, and donee: Standards for New, Reconstructed, and Modi- ternate Representative of the United States of America for Special Political Affairs in 1. Self: $500, 3/31/18, Leibsohn/Congress; fied Sources Review’’ (FRL No. 10012–11– $500, 1/16/16, Rubio/President. OAR) received in the Office of the President the United Nations, with the rank of Ambas- sador. 2. Spouse: Amy Kauffman: None. of the Senate on September 16, 2020; to the 3. Children and Spouses: Raina Weinstein: Committee on Environment and Public Nominee: Alex N. Wong. Post: Alternate Representative to the UN $1.00, 3/18/19, John Delaney/President. Raina Works. Weinstein: $1.00, 3/18/19, John Delaney/Presi- EC–5503. A communication from the Direc- for Special Political Affairs. dent. Raina Weinstein: $10.00, 2/7/20, Eliza- tor of the Regulatory Management Division, (The following is a list of all members of beth Warren/President. Raina Weinstein: Environmental Protection Agency, transmit- my immediate family and their spouses. I ting, pursuant to law, the report of a rule en- have asked each of these persons to inform $10.00, 2/16/20, Elizabeth Warren/President. titled ‘‘PM10 Maintenance Plan and Redesig- me of the pertinent contributions made by Harrison Weinstein: None. Eden Weinstein: nation Request; Imperial Valley Planning them. To the best of my knowledge, the in- None. Area; California’’ (FRL No . 10014–02–Region formation contained in this report is com- 4. Parents: Deceased; Victor & Hannelore 9) received in the Office of the President of plete and accurate.) Weinstein. the Senate on September 16, 2020; to the Contributors, amount, date, and donee: 5. Grandparents: Deceased; Max and Sarah Committee on Environment and Public 1. Self: $250.00, 03/14/2016, Mike Gallagher Weinstein, Max and Frieda Rosenberg. Works. for Wisconsin. 6. Brothers and Spouses: Mitchell EC–5504. A communication from the Sec- 2. Candice Wong (spouse): None, None, Weinstein, deceased; Alan and Lisa retary of the Treasury, transmitting, pursu- None. Weinstein, None; Stuart Weinstein, None; ant to section 1705(e)(6) of the Cuban Democ- 3. Chase Wong (child): None, None, None; Jeffrey and Deborah Weinstein, None. racy Act of 1992, as amended by Section Avery Wong (child): None, None, None. 7. Sisters and Spouses: None. 102(g) of the Cuban Liberty and Democratic 4. Robert C.K. Wong (father): None, None, Solidarity (LIBERTAD) Act of 1996, a semi- None; Grace L. Wong (mother): None, None, Erik Paul Bethel, of Florida, to be Ambas- annual report relative to telecommuni- None. sador Extraordinary and Plenipotentiary of cations-related payments made to Cuba dur- 5. Lily Chan (grandmother) (deceased): the United States of America to the Republic ing the period from January 1, 2020 through None, None, None; Wong Kam Wai (grand- of Panama. June 30, 2020; to the Committee on Foreign father) (deceased): None, None, None; Chan Nominee: Erik Bethel. Relations. Chuen Chai (grandmother) (deceased): None, Post: US Ambassador Panama. EC–5505. A communication from the Legal None, None; Lau Chee Kan (grandfather) (de- (The following is a list of all members of Counsel, Equal Employment Opportunity ceased): None, None, None. my immediate family and their spouses. I
VerDate Sep 11 2014 09:11 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.019 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5786 CONGRESSIONAL RECORD — SENATE September 22, 2020 have asked each of these persons to inform Nominee: Thomas Laszlo Vajda. 3. Children and Spouses: N/A. me of the pertinent contributions made by Post: Union of Burma. 4. Parents: Albert Lewis Harris and Jac- them. To the best of my knowledge, the in- (The following is a list of all members of queline Mitchell Harris: None. formation contained in this report is com- my immediate family and their spouses. I 5. Grandparents: James Harris, Martha plete and accurate.) have asked each of these persons to inform Harris, William Mitchell, Margaret Mitchell: Contributions, amount, date, and donee: me of the pertinent contributions made by Deceased. 1. Self: None. them. To the best of my knowledge, the in- 6. Brothers and Spouses: N/A. 2. Spouse: $505, Feb 12, 2020, Michelle Ca- formation contained in this report is com- 7. Sisters and Spouses: Heather Harris ruso-Cabrera; $100, Mar 26, 2020, Michelle Ca- plete and accurate.) Yates & Nathan David Yates: None. ruso-Cabrera. Contributions, amount, date, donee: Jeanne Marie Maloney, of Virginia, a Ca- 3. Children and Spouses: Ana Cristina (age 1. Self: None. 13), Nicolas (age 11), Francisca (age 8), None. 2. Spouse: Amelia L. Sebes: $100, March reer Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambas- 4. Parents: Paul Bethel—deceased; Diana 2016, Hillary Clinton; $5, May 2016, Hillary sador Extraordinary and Plenipotentiary of Bethel, None. Clinton; $25, August 2016, Hillary Clinton. 5. Grandparents: John Bethel—deceased; 3. Children and Spouses: Bette S. Vajda the United States of America to the King- dom of Eswatini. Dora Bethel—deceased; Anibal Gonzalez—de- (child): None; Emily S. Vajda (child): None. Nominee: Jeanne M. Maloney. ceased; Esperanza Gonzalez—deceased. 4. Parents: Gabor K. Vajda (father): None; 6. Brothers and Spouses: N/A I am an only Post: Kingdom of Eswatini. Eva I. Vajda (mother): $100, October 2018, (The following is a list of all members of child. Martha McSally; $100, June 2019, Martha my immediate family and their spouses. I 7. Sisters and Spouses: N/A. McSally; $100, June 2019, James Jordan. have asked each of these persons to inform 5. Grandparents: Elizabeth Varga (grand- me of the pertinent contributions made by Julie D. Fisher, of Tennessee, a Career mother): None; Laszlo Varga (grandfather, them. To the best of my knowledge, the in- Member of the Senior Foreign Service, Class deceased): None; Laszlo Vajda (grandfather, formation contained in this report is com- of Counselor, to be Ambassador Extraor- deceased): None; Anna Vajda (grandmother, plete and accurate.) dinary and Plenipotentiary of the United deceased): None. Contributions, amount, date, and donee: States of America to the Republic of 6. Brothers and Spouses: N/A. 1. Self: None. Belarus. 7. Sisters and Spouses: Eva E. Cruz-Aedo 2. Spouse: Felix Andrew Dowdy: $200, 2016, Nominee: Julie D. Fisher. (sister): $15, November 2016, ActBlue des- John Kasich Campaign. Post: Republic of Belarus. ignated for Kamala Harris; Carlos R. Cruz- 3. Children and Spouses: Katherine Dowdy (The following is a list of all members of Aedo (brother-in-law): $10, November 2016, (daughter): None. Daniel Dowdy (son): None. my immediate family and their spouses. I ActBlue designated for California Demo- 4. Parents: Janet Maloney—deceased; Rob- have asked each of these persons to inform cratic Party; $25, December 2019, ActBlue ert Maloney—deceased. me of the pertinent contributions made by designated for Biden for President; $15, Feb- 5. Grandparents: Margaret Riney—de- them. To the best of my knowledge, the in- ruary 2020, ActBlue designated for Biden for ceased; Arthur Riney—deceased; Marie Malo- formation contained in this report is com- President; $25, March 2020, ActBlue des- ney—deceased; Joseph Maloney—deceased. 6. Brothers and Spouses: Michael Maloney plete and accurate.) ignated for Biden for President; $5, March (brother): None; Cathy Maloney (spouse): Contributions, amount, date, and donee: 2020, ActBlue designated for Biden for Presi- 1. Self, none. None; Daniel Maloney (brother): None; Linda dent. 2. Spouse: David M. Fisher: none. Maloney (spouse): $25, 3–20–20, ACTBLUE 3. Children and Spouses: n/a. Jaime Harrison for U.S. Senate; $25, 3–20–20 Keith W. Dayton, of Washington, to be Am- 4. Parents: Robert W. Davis $100.00, 2018, ACTBLUE, John Lewis for Congress; $50, 2– bassador Extraordinary and Plenipotentiary Johnny Isakson; $100.00, 2018, Karen Handel. 08–20 ACTBLUE Stop Republicans; $2.50, 12– of the United States of America to Ukraine. 5. Grandparents: Robert H. Davis—de- 24–19, ACTBLUE; $50, 12–24–19, ACTBLUE Nominee: Keith W. Dayton. ceased; Margaret W. Davis—deceased; George Jaime Harrison for U.S. Senate; $12.50, 12–06– Post: Ambassador Ukraine. L. Sadtler—deceased; Alice R. Sadtler—de- 19, ACTBLUE Catherine Cortez Masto for (The following is a list of all members of ceased. Senate; $12.50, 12–06–19, ACTBLUE Sara Gid- my immediate family and their spouses. I 6. Brothers and Spouses: Gavin H. Davis, eon for Maine; $50, 10–24–19, ACTBLUE Jaime have asked each of these persons to inform none; Becky Lynn Davis, none. Harrison for U.S. Senate; $28, 10–05–19, War- me of the pertinent contributions made by 7. Sisters and Spouses: Paige W. Davis, ren for President, Inc.; $200, 10–24–18, Drew none; Wesley Turbeville, $250.00, 2019, Abigail them. To the best of my knowledge, the in- Edmondson for OK Gov.; $50, 10–24–18, Spanberger; $250.00, 2018, Ken Harbaugh; formation contained in this report is com- ACTBLUE Congressional Black Caucus PAC; $250.00, 2018, Amy McGrath. plete and accurate.) $100, 1–19–16, ACTBLUE Bernie Sanders 2016 Contributions, amount, date, and donee: Campaign; $750, 2016, Forrest Bennett, OK Manisha Singh, of Florida, to be Rep- 1. Self: None. House District 092; $40, 12–16–15, ACTBLUE 2. Spouse: None. resentative of the United States of America Democracy for America. to the Organization for Economic Coopera- 3. Children and Spouses: Elizabeth Dayton 7. Sisters and Spouses: Joanne Maloney— tion and Development, with the rank of Am- Mesch: $500, 2015, Ted Cruz; $50, 2015, Carly deceased. bassador. Fiorina; $50, 2016, Ted Cruz; $50, 2016, Marco Nominee: Manisha Singh. Rubio; $1300, 2016, Donald Trump. Charles Jonathan Pratt, of California, a Career Post: US Ambassador to the USOECD. Dayton: None. Nicholas Dayton: $100, 2018, Member of the Senior Foreign Service, Class (The following is a list of all members of Ted Cruz; $500, 2018, Chris Corry (WA). of Counselor, to be Ambassador Extraor- my immediate family and their spouses. I 4. Parents: Charles S. Dayton—deceased; dinary and Plenipotentiary of the United have asked each of these persons to inform Ruth Palmer Kilbourne—deceased. States of America to the Republic of me of the pertinent contributions made by 5. Grandparents: Walter Palmer—deceased; Djibouti. them. To the best of my knowledge, the in- Cynthia Palmer—deceased; Charles F. Day- Nominee: Jonathan Pratt. formation contained in this report is com- ton—deceased; Flora W. Dayton—deceased. Post: Djibouti. plete and accurate.) 6. Brothers and Spouses: None. (The following is a list of all members of Contributions, amount, date, and donee: 7. Sisters and Spouses: Kathleen Caruthers, my immediate family and their spouses. I 1. Self: $2600, 11/03/2013, Sullivan for US None. have asked each of these persons to inform Senate; $1000, 9/21/2014, Sullivan for US Sen- me of the pertinent contributions made by ate; $250, 6/6/2014, Ed Gillespie for Senate; Melanie Harris Higgins, of Georgia, a Ca- them. To the best of my knowledge, the in- $250, 6/24/2012, Romney for President. reer Member of the Senior Foreign Service, formation contained in this report is com- 2. Spouse: N/A. Class of Counselor, to be Ambassador Ex- plete and accurate.) 3. Children and Spouses: N/A. traordinary and Plenipotentiary of the Contributions, amount, date, and donee: 4. Parents: Megh Singh (Father), No con- United States of America to the Republic of 1. Self: $0. Burundi. 2. Spouse: $0. tributions; Satya Singh (Mother), No con- 3. Children and Spouses: NA; None. tributions. Nominee: Higgins, Melanie Harris. 4. Parents and Spouses: Alan Pratt/Cynthia 5. Grandparents: N/A. Post: Nominated to be U.S. Ambassador to Good, $55.00, 2017; Elizabeth Warren, $200.00, 6. Brothers and Spouses: N/A. the Republic of Burundi. 2017; Act Blue, $16.50, 2016; Act Blue, Cynthia 7. Sisters and Spouses: Mani Singh Young (The following is a list of all members of Pratt, $0. (sister), No contributions; Damon Young my immediate family and their spouses. I 5. Grandparents: Deceased, NA. (brother-in-law), No contributions. have asked each of these persons to inform 6. Brothers and Spouses: David Pratt/Do- me of the pertinent contributions made by reen Pratt, $0; Alden Good, $0. Thomas Laszlo Vajda, of Arizona, a Career them. To the best of my knowledge, the in- 7. Sisters and Spouses: Natalie Good, $0. Member of the Senior Foreign Service, Class formation contained in this report is com- of Minister-Counselor, to be Ambassador Ex- plete and accurate.) James Broward Story, of South Carolina, a traordinary and Plenipotentiary of the Contributions, amount, date, and donee: Career Member of the Senior Foreign Serv- United States of America to the Union of 1. Self: None. ice, Class of Counselor, to be Ambassador Ex- Burma. 2. Spouse: None. traordinary and Plenipotentiary of the
VerDate Sep 11 2014 10:43 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.023 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5787 United States of America to the Bolivarian N.C. Green Pty; $10, 07/2019, Dario for Amer- Contributions, amount, date, and donee: Republic of Venezuela. ica; $20.00, 11/11/2019, Dario for America; 1. Self: $2,800.00, 03/08/2019, Liz Cheney for Nominee: James Broward Story. $10.00, 07/27/2019, Dario for America; $1.00, 7/ Wyoming; $2,700.00, 10/02/2018, Romney for Post: Venezuela Affairs Unit. 12/2019, Act Blue. Claire Patrice McCarthy: Utah, Inc.; $2,500.00, 05/03/2018, Kevin McCar- (The following is a list of all members of none. thy for Congress; $5,000.00, 05/03/2018, Protect my immediate family and their spouses. I 4. Parents: John R. McCarthy—deceased; the House; $2,500.00, 05/03/20018, Great Amer- have asked each of these persons to inform Helen H. McCarthy—deceased. ica Committee; $2,700.00, 03/05/2018, Donald J. me of the pertinent contributions made by 5. Grandparents: James McCarthy—de- Trump for President, Inc.; $2,700.00, 03/05/2018, them. To the best of my knowledge, the in- ceased; Gertrude C. McCarthy—deceased; Donald J. Trump for President, Inc.; formation contained in this report is com- Brig. Gen. (retired) William E. House—de- $35,000.00, 03/05/2018, Trump Victory; $1,000.00, plete and accurate.) ceased; Evelyn House—deceased. 11/13/2017, McHenry for Congress; 33,400.00, 12/ Contributions, amount, date, and donee: 6. Brothers and Spouses: William J. McCar- 19/2016, Republican National Committee; 1. Self: James Broward Story, none. thy, Ph.D., Bambi B. Young, Ph.D., $100, 3/14/ $700.00, 10/27/2016, Marco Rubio for Senate 2. Spouse: Susan West Story, none. 2016, Elizabeth for MA; $100, 3/31/2016, Tammy 2016; $1,000.00, 10/19/2016, Heck Yes! Victory 3. Children and Spouses: James McKelvey Duckworth; $50, 4/17/2016, Catherine C. Masto; Fund; $1,000.00, 10/19/2016, Friends of Joe Story, none. $100, 7/23/2016, Maggie Hassan; $100, 9/30/2016, Heck; $2,000.00, 08/16/2016, Marco Rubio for 4. Parents: Wayne Joseph Story, none, de- League of Conservation Voters; $100, 10/16/ Senate 2016; $1,000.00, 10/22/2015; Marco Rubio ceased; Katherine Annette Younginer, none. 2016, Russ Feingold; $50, 10/23/2016, Catherine for President; $2,700.00, 09/16/2015, JEB 2016, 5. Grandparents: James Wilson Younginer, C. Masto; $100, 11/15/2016, Moveon.org; $50 11/ Inc.; $1,000.00, 06/19/2015; Marco Rubio for none, deceased; Berniece Bown Ulmer, none. 6/2016, Catherine C. Masto; $100, 11/7/2016, President; $1,000.00, 01/19/2015, Rite to Rice 6. Brothers and Spouses: Maggie Hassan; $50, 3/10/2017, Jon Ossoff; $50, PAC, Inc. 7. Sisters and Spouses: Elaine Arden 4/10/2017, Jon Ossoff; $180, 4/27–12/31 2017, Family: None. Helmly, none. ACLU; $50, 5/18/2017, Rob Quist; $50, 5/30/2017, 2. Spouse: Divorced. Jon Ossoff; $50, 6/27/2017, Progressive Port- 3. Children and Spouses: Hale Thornhill- William A. Douglass, of Florida, to be Am- land; $50, 9/25/2017, Progressive Portland; $75, Wilson, None. bassador Extraordinary and Plenipotentiary 11/3/2017, Ralph Northam; $25, 11/2/2017, Tim 4. Parents: Dr. Edwin Hale Thornhill, De- of the United States of America to the Com- Kaine; $100, 11/7/2019, NCEC; $75, 12/2/2017, ceased; Dr. Patricia Sills Thornhill, De- monwealth of The Bahamas. Doug Jones; $25, 12/2/2017, Maggie Hassan; $75, ceased. Nominee: William A. Douglass III. 12/8/2017, Doug Jones; $100, 12/2017–1/2018, 5. Grandparents Names: Mr. & Mrs. James Post: Ambassador Extraordinary and Plen- Color of Change; $240, 12/31/2018, ACLU; $100, Nicholas Sills, Both deceased; Dr. & Mrs. ipotentiary of the United States of America 2/27/2018, Connor Lamb; $50, 3/12/2018, Connor George Tudor Thornhill, Both deceased. to the Commonwealth of The Bahamas. Lamb; $100, 4/1/2018, NDRC; $50, 4/18/2019, 6. Brothers and Spouses: None. (The following is a list of all members of Hirai Tipirneny; $50, 6/2/2019, Katie Porter; 7. Sisters and Spouses: Mrs. Patricia my immediate family and their spouses. I $100, 6/8/2018, Jacky Rosen; $100, 7/6/2018, Thornhill Edwards, None; Mr. Joseph Roger have asked each of these persons to inform McCaskill for MO; $50, 8/1/2018, Danny O’Con- Edwards, $20.00, 06/21/2016, Donald J. Trump me of the pertinent contributions made by nor; $50, 8/6/2018, Danny O’Connor; $100, 10/2/ for President, Inc. them. To the best of my knowledge, the in- 2018, Moveon.org; $50, 10/11/2018, Heidi for formation contained in this report is com- Senate; $100, 10/15/2018, Harley Rouda; $100, Edward A. Burrier, of the District of Co- plete and accurate.) 10/15/2018, Donnelly for Indiana; $100, 10/18/ lumbia, to be Deputy Chief Executive Officer Contributions, amount, date, and donee: 2018, Jacky Rosen; $100, 10/25/2018, Cisneros of the United States International Develop- Self: $25,000, 5/27/2015, Right to Rise USA; for Congress; $100, 10/25/2018, Sinema for Sen- ment Finance Corporation. $33,900, 7/12/2018, Republican Nat’l Comm.; ate; $100, 10/27/2018, Color of Change; $50, 10/31/ (Nominations without an asterisk $16,100, 7/12/2018, Republican Nat’l Comm.; 2018, Andy Kim; $50, 10/31/2018, Randy Brice; $360,600, 7/26/2019, Trump Victory PAC; were reported with the recommenda- $50, 11/4/2018, Ammar Campa-Najjar; $50, 11/08/ tion that they be confirmed.) $106,500,* 7/26/2019, Republican Nat’l Comm.; 2018, Bill Nelson Recount; $50, 11/24/2018, Mike $106,500,* 7/26/2019, Republican Nat’l Comm.; Espy; $240, 12/2019–3/2019, ACLU; $100, 3/10/2019, f $106,500,* 7/26/2019, Republican Nat’l Comm.; League of Conservation Voters; $100, 3/11/2019, $35,500,* 7/26/2019, Republican Nat’l Comm.; INTRODUCTION OF BILLS AND Common Cause; $100, 8/5/2019, Dan Mccready; JOINT RESOLUTIONS $2,800,* 7/26/2019, Donald J. Trump for Pres; $50, 9/5/2019, Dan Mccready; $25, 9/15/2019, Am. $2,800,* 7/26/2019, Donald J. Trump for Pres. Cancer Society Social Action; $100, 9/27/2019, The following bills and joint resolu- * Per the FEC website, these amounts were Sara Gideon; $100, 9/27/2020, ACTBLUE; $5, 9/ tions were introduced, read the first transferred from the $360,600 contribution to 27/2019, ACTBLUE; $20, 12/17/2019, ACTBLUE; and second times by unanimous con- the Trump Victory PAC. $100, 2/7/2020, Warren for Pres; $5, 2/7/2020, sent, and referred as indicated: Spouse: Kristin T. Blundo: none. ACTBLUE; $100, 2/7/2020, ACTBLUE; $100, 2/13/ Children: William T. Douglass: none. Eliza- 2020, ACTBLUE; $5, 2/13/2020, ACTBLUE; $100, By Mr. MURPHY: beth T. Douglass: none. 2/21/2020, Warren for Pres; $100, 2/21/2020, S. 4637. A bill to amend the Internal Rev- Siblings: John Duke & Julie Lewis—Broth- ACTBLUE; $2.5, 2/21/2020, ACTBLUE; $75, 2/25/ enue Code of 1986 to allow a credit against er & Spouse: none. William T. Duke & Ma- 2020, ACTBLUE; $3, 2/25/2020, ACTBLUE; $75, income tax for equity investments by angel donna Badger—Brother & Spouse: none. 2/25/2020, ACTBLUE; $3, 3/29/2020, ACTBLUE; investors; to the Committee on Finance. Terry Marsh & John B. Marsh—Sister & $100, 3/29/2020, ACTBLUE; $3, 4/21/2020, By Mr. SCHUMER (for himself, Mrs. Spouse: none. Victoria Douglass—Sister: ACTBLUE; $100, 4/21/2020, ACTBLUE; $100, 4/ MURRAY, Mr. VAN HOLLEN, Ms. BALD- none. Fiona Douglass & Scott Gray—Sister & 25/2020, ACTBLUE; $3, 4/25/2020, ACTBLUE. WIN, Mr. SCHATZ, Mr. BLUMENTHAL, Spouse: none. Christopher E. McCarthy—deceased; John R. Mrs. FEINSTEIN, Mr. CASEY, Mr. McCarthy, Jr., none; Kathleen McCarthy, MERKLEY, Mrs. GILLIBRAND, Mrs. Michael A. McCarthy, of Virginia, a Career none. SHAHEEN, Mr. REED, Mr. MURPHY, Mr. Member of the Senior Foreign Service, Class 7. Sisters and Spouses: Anne Pearcy, none; BROWN, Mr. PETERS, Mr. MARKEY, Ms. of Minister-Counselor, to be Ambassador Ex- Laird Pearcy, none; Elizabeth McDermott— WARREN, Mr. MENENDEZ, Mr. DURBIN, traordinary and Plenipotentiary of the deceased; John McDermott, $50, 10/2018, Doug Ms. SMITH, Ms. DUCKWORTH, Mr. United States of America to the Republic of Jones; Margaret McCarthy—deceased Janu- KAINE, Ms. ROSEN, Ms. HIRONO, Mr. Liberia. ary 2020; $154, 6/2015–6/2019, Act Blue; $20, 2019, LEAHY, Mr. CARDIN, Mr. WHITEHOUSE, Nominee: Michael A. McCarthy. Elizabeth Warren; $20, 2019, Pete Budigiege; Ms. CORTEZ MASTO, Ms. KLOBUCHAR, Post: Ambassador to the Republic of Libe- $20, 2019, Kamela Harris; $100, 2019, Ditch Ms. STABENOW, Mr. HEINRICH, Mr. ria. Mitch; $700, 2016, Alexis Jimenez. WYDEN, Ms. CANTWELL, and Mr. (The following is a list of all members of SANDERS): my immediate family and their spouses. Barbera Hale Thornhill, of California, to be S. 4638. A bill to preserve and promote in- have asked each of these persons to inform Ambassador Extraordinary and Pleni- tegrity in scientific decision-making at the me of the pertinent contributions made by potentiary of the United States of America Department of Health and Human Services; them. To the best of my knowledge, the in- to the Republic of Singapore. to the Committee on Health, Education, formation contained in this report is com- Nominee: Barbera Hale Thornhill. Labor, and Pensions. plete and accurate.) Post: Ambassador for Republic of Singa- By Mr. HAWLEY: Contributions, amount, date, donee: pore. S. 4639. A bill to amend the Internal Rev- 1. Self: none. (The following is a list of all members of enue Code of 1986 to provide a refundable tax 2. Spouse: Sandra Acevedo McCarthy: my immediate family and their spouses. I credit for expenses relating to school disrup- none. have asked each of these persons to inform tion, to provide a monthly payment to fami- 3. Children and Spouses: Camille Christine me of the pertinent contributions made by lies during COVID–19, and for other purposes; McCarthy: $155.10, 02/2016–05/2016, Act Blue; them. To the best of my knowledge, the in- to the Committee on Finance. $25, 02/2017, Mejia for Congress; $180, 2017– formation contained in this report is com- By Mr. BENNET (for himself and Ms. 2019, N.C. Green Party; $60, 2017–2019, West plete and accurate.) COLLINS):
VerDate Sep 11 2014 09:15 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.061 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5788 CONGRESSIONAL RECORD — SENATE September 22, 2020 S. 4640. A bill to amend the Controlled Sub- Frontline Workforce Training Center, and Women’s Army Corps who were as- stances Act to require physicians and other for other purposes; to the Committee on signed to the 6888th Central Postal Di- prescribers of controlled substances to com- Banking, Housing, and Urban Affairs. rectory Battalion, known as the ‘‘Six plete training on treating and managing pa- By Ms. KLOBUCHAR: Triple Eight’’. tients with opioid and other substance use S. 4652. A bill to require the United States disorders, which shall also satisfy certain Postal Service to treat election mail as first- S. 1381 training requirements to receive a waiver for class mail and deliver such mail at no cost to At the request of Mr. BOOZMAN, the dispensing narcotic drugs for maintenance or the sender, and for other purposes; to the name of the Senator from Indiana (Mr. detoxification treatment, and for other pur- Committee on Rules and Administration. BRAUN) was added as a cosponsor of S. poses; to the Committee on Health, Edu- By Mr. SCHUMER: 1381, a bill to modify the presumption cation, Labor, and Pensions. S. 4653. A bill to protect the healthcare of By Mr. BENNET: hundreds of millions of people of the United of service connection for veterans who S. 4641. A bill to amend the Mineral Leas- States and prevent efforts of the Department were exposed to herbicide agents while ing Act to provide for transparency and land- of Justice to advocate courts to strike down serving in the Armed Forces in Thai- owner protections in the conduct of lease the Patient Protection and Affordable Care land during the Vietnam era, and for sales under that Act, and for other purposes; Act; read the first time. other purposes. to the Committee on Energy and Natural Re- By Mr. PORTMAN (for himself, Ms. S. 1418 sources. STABENOW, Mr. DURBIN, Ms. KLO- At the request of Mr. MURPHY, the By Mr. BENNET: BUCHAR, Mr. PETERS, Ms. BALDWIN, S. 4642. A bill to amend the Mineral Leas- Mr. YOUNG, Mr. BROWN, Ms. SMITH, name of the Senator from New Mexico ing Act to ensure sufficient bonding and and Ms. DUCKWORTH): (Mr. UDALL) was added as a cosponsor complete and timely reclamation of land and S. 4654. A bill to amend the Water Re- of S. 1418, a bill to establish the water disturbed by Federal and Indian oil sources Development Act of 1986 to require Strength in Diversity Program, and for and gas production, and for other purposes; that at least 12 percent of amounts appro- other purposes. to the Committee on Energy and Natural Re- priated out of the Harbor Maintenance Trust S. 1687 sources. Fund are used for projects on the Great By Mrs. SHAHEEN (for herself and Lakes Navigation System, and for other pur- At the request of Mrs. HYDE-SMITH, Mrs. CAPITO): poses; to the Committee on Environment and the name of the Senator from Lou- S. 4643. A bill to require the Secretary of Public Works. isiana (Mr. CASSIDY) was added as a co- Agriculture to establish a forest incentives By Mr. PERDUE: program to keep forests intact and sequester sponsor of S. 1687, a bill to amend the S. 4655. A bill to make improvements to carbon on private forest land of the United Internal Revenue Code of 1986 to pro- the Main Street Lending Program, and for States, and for other purposes; to the Com- vide a special rule for certain casualty other purposes; to the Committee on Bank- mittee on Agriculture, Nutrition, and For- losses of uncut timber. ing, Housing, and Urban Affairs. estry. By Ms. HIRONO: S. 1727 By Mr. JONES: S. 4644. A bill to amend the Federal De- S. 4656. A bill to amend title 38, United At the request of Mr. COONS, the posit Insurance Act to ensure that certain States Code, to provide for a reduction in names of the Senator from Arkansas custodial deposits of well capitalized insured certain loan fees for certain veterans af- (Mr. BOOZMAN) and the Senator from depository institutions are not considered to fected by major disasters; to the Committee Maryland (Mr. CARDIN) were added as be funds obtained by or through deposit bro- on Veterans’ Affairs. cosponsors of S. 1727, a bill to establish kers, and for other purposes; to the Com- f the Partnership Fund for Peace to pro- mittee on Banking, Housing, and Urban Af- SUBMISSION OF CONCURRENT AND mote joint economic development and fairs. By Ms. BALDWIN: SENATE RESOLUTIONS finance ventures between Palestinian S. 4645. A bill to improve the requirements The following concurrent resolutions entrepreneurs and companies and those for commercial air tours and commercial air and Senate resolutions were read, and in the United States and Israel to im- tour operators, and for other purposes; to the referred (or acted upon), as indicated: prove economic cooperation and peo- Committee on Commerce, Science, and ple-to-people peacebuilding programs, Transportation. By Mr. SCHUMER (for himself, Ms. and to further shared community WARREN, Mr. BROWN, Mr. DURBIN, Mr. By Mr. PAUL (for himself, Mr. WYDEN, building, peaceful coexistence, dia- and Mr. PETERS): SANDERS, Ms. DUCKWORTH, Mr. S. 4646. A bill to repeal certain war powers BLUMENTHAL, Mr. VAN HOLLEN, Mr. logue, and reconciliation between of the President under the Communications MERKLEY, Mr. MARKEY, Mr. BOOKER, Israelis and Palestinians. Act of 1934; to the Committee on Commerce, Mr. MENENDEZ, and Mr. WYDEN): S. 1791 S. Res. 711. A resolution calling on the Science, and Transportation. At the request of Mrs. GILLIBRAND, By Mrs. FISCHER: President of the United States to take execu- the name of the Senator from New S. 4647. A bill to amend the Packers and tive action to broadly cancel Federal student Stockyards Act, 1921, to establish a cattle loan debt; to the Committee on Health, Edu- Mexico (Mr. UDALL) was added as a co- contract library, and for other purposes; to cation, Labor, and Pensions. sponsor of S. 1791, a bill to prohibit dis- the Committee on Agriculture, Nutrition, By Mr. BROWN (for himself, Mrs. CAP- crimination on the basis of religion, and Forestry. ITO, Mr. VAN HOLLEN, and Mr. DUR- sex (including sexual orientation and By Mr. COTTON: BIN): gender identity), and marital status in S. 4648. A bill to amend the Controlled Sub- S. Res. 712. A resolution designating the the administration and provision of stances Act to list isotonitazene as a sched- week of September 21 through September 25, child welfare services, to improve safe- ule I controlled substance; to the Committee 2020, as ‘‘Community School Coordinators on the Judiciary. Appreciation Week’’; to the Committee on ty, well-being, and permanency for les- By Mrs. LOEFFLER (for herself, Mr. the Judiciary. bian, gay, bisexual, transgender, and LEE, Mr. LANKFORD, Mrs. BLACKBURN, queer or questioning foster youth, and f and Mr. COTTON): for other purposes. S. 4649. A bill to provide that for purposes ADDITIONAL COSPONSORS S. 2008 of determining compliance with title IX of the Education Amendments of 1972 in ath- S. 428 At the request of Mrs. MURRAY, the letics, sex shall be recognized based solely on At the request of Ms. KLOBUCHAR, the names of the Senator from Michigan a person’s reproductive biology and genetics names of the Senator from New York (Mr. PETERS), the Senator from New at birth; to the Committee on Health, Edu- (Mrs. GILLIBRAND), the Senator from Mexico (Mr. UDALL) and the Senator cation, Labor, and Pensions. Rhode Island (Mr. WHITEHOUSE) and the from Colorado (Mr. BENNET) were added By Mr. SULLIVAN (for himself and Ms. Senator from Connecticut (Mr. MUR- as cosponsors of S. 2008, a bill to pro- MURKOWSKI): S. 4650. A bill to amend the Migratory Bird PHY) were added as cosponsors of S. 428, hibit, as an unfair or deceptive act or Treaty Act to clarify the treatment of au- a bill to lift the trade embargo on practice, commercial sexual orienta- thentic Alaska Native articles of handicraft Cuba. tion conversion therapy, and for other containing nonedible migratory bird parts, S. 633 purposes. and for other purposes; to the Committee on At the request of Mr. MORAN, the S. 2645 Environment and Public Works. name of the Senator from Alaska (Mr. At the request of Mrs. BLACKBURN, By Mr. VAN HOLLEN (for himself and Mr. CARDIN): SULLIVAN) was added as a cosponsor of the name of the Senator from Okla- S. 4651. A bill to amend title 49, United S. 633, a bill to award a Congressional homa (Mr. INHOFE) was added as a co- States Code, to establish a National Transit Gold Medal to the members of the sponsor of S. 2645, a bill to prove that
VerDate Sep 11 2014 21:36 Dec 07, 2020 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD20\SEPTEMBER\S22SE0.REC S22SE0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5789 the Federal Communications Commis- ment or modification by the Secretary from Missouri (Mr. BLUNT), the Senator sion and communications service pro- of Agriculture of loans for critical from Texas (Mr. CORNYN), the Senator viders regulated by the Commission rural utility service providers, and for from Idaho (Mr. RISCH) and the Senator under the Communications Act of 1934 other purposes. from Alabama (Mr. JONES) were added shall not be subject to certain provi- S. 4290 as cosponsors of S. 4634, a bill to pro- sions of the National Environmental At the request of Mr. CORNYN, the vide support for air carrier workers, Policy Act of 1969 and the National name of the Senator from Missouri and for other purposes. Historic Preservation Act with respect (Mr. BLUNT) was added as a cosponsor S. CON. RES. 9 to the construction, rebuilding, or of S. 4290, a bill to provide much needed hardening of communications facilities liquidity to America’s job creators. At the request of Mr. ROBERTS, the name of the Senator from Missouri following a major disaster or an emer- S. 4360 (Mr. HAWLEY) was added as a cosponsor gency declared by the President, and At the request of Mr. MURPHY, the for other purposes. name of the Senator from Minnesota of S. Con. Res. 9, a concurrent resolu- tion expressing the sense of Congress S. 3072 (Ms. SMITH) was added as a cosponsor At the request of Mrs. HYDE-SMITH, of S. 4360, a bill to divert Federal fund- that tax-exempt fraternal benefit soci- the names of the Senator from Texas ing away from supporting the presence eties have historically provided and (Mr. CRUZ) and the Senator from Iowa of police in schools and toward evi- continue to provide critical benefits to (Ms. ERNST) were added as cosponsors dence-based and trauma informed serv- the people and communities of the of S. 3072, a bill to amend the Federal ices that address the needs of United States. Food, Drug, and Cosmetic Act to pro- marginalized students and improve S. RES. 578 hibit the approval of new abortion academic outcomes, and for other pur- drugs, to prohibit investigational use At the request of Mr. WYDEN, the poses. name of the Senator from Virginia (Mr. exemptions for abortion drugs, and to S. 4511 impose additional regulatory require- WARNER) was added as a cosponsor of S. At the request of Mr. MORAN, the Res. 578, a resolution condemning the ments with respect to previously ap- name of the Senator from North Da- proved abortion drugs, and for other Government of Iran’s state-sponsored kota (Mr. HOEVEN) was added as a co- purposes. persecution of its Baha’i minority and sponsor of S. 4511, a bill to make cer- its continued violation of the Inter- S. 3451 tain improvements in the laws admin- national Covenants on Human Rights. At the request of Mr. SCOTT of South istered by the Secretary of Veterans Carolina, the names of the Senator Affairs relating to education, burial S. RES. 672 from North Carolina (Mr. TILLIS) and benefits, and other matters, and for At the request of Mr. GRAHAM, the the Senator from New Hampshire (Mrs. other purposes. names of the Senator from Arkansas SHAHEEN) were added as cosponsors of S. 4520 (Mr. COTTON), the Senator from Indiana S. 3451, a bill to improve the health and At the request of Mrs. LOEFFLER, the (Mr. BRAUN), the Senator from Arkan- safety of Americans living with food al- name of the Senator from North Caro- sas (Mr. BOOZMAN), the Senator from lergies and related disorders, including lina (Mr. TILLIS) was added as a co- Tennessee (Mrs. BLACKBURN), the Sen- potentially life-threatening anaphy- sponsor of S. 4520, a bill to transfer the ator from Arizona (Ms. MCSALLY), the laxis, food protein-induced responsibility of verifying small busi- Senator from Alaska (Mr. SULLIVAN) enterocolitis syndrome, and ness concerns owned and controlled by and the Senator from Georgia (Mr. eosinophilic gastrointestinal diseases, veterans or service-disabled veterans PERDUE) were added as cosponsors of S. and for other purposes. to the Small Business Administration, Res. 672, a resolution designating Sep- S. 4014 and for other purposes. tember 2020 as National Democracy At the request of Mr. CARDIN, the S. 4571 Month as a time to reflect on the con- name of the Senator from Massachu- At the request of Mr. PERDUE, his tributions of the system of government setts (Mr. MARKEY) was added as a co- name was added as a cosponsor of S. of the United States to a more free and sponsor of S. 4014, a bill to provide for stable world. supplemental loans under the Pay- 4571, a bill to extend certain deadlines check Protection Program. for the 2020 decennial census. At the request of Mrs. FEINSTEIN, the S. 4593 names of the Senator from New Mexico S. 4086 OOKER (Mr. UDALL), the Senator from Maine At the request of Mr. BOOZMAN, the At the request of Mr. B , the (Mr. KING), the Senator from Illinois names of the Senator from Tennessee name of the Senator from Maine (Mr. ING (Ms. DUCKWORTH) and the Senator from (Mrs. BLACKBURN) and the Senator K ) was added as a cosponsor of S. Vermont (Mr. LEAHY) were added as co- from Indiana (Mr. YOUNG) were added 4593, a bill to award posthumously the sponsors of S. Res. 672, supra. as cosponsors of S. 4086, a bill amend Congressional Gold Medal to Emmett title 38, United States Code, to revise Till and Mamie Till-Mobley. S. RES. 705 S. 4594 the definition of Vietnam era for pur- At the request of Ms. COLLINS, the At the request of Ms. COLLINS, her poses of the laws administered by the name of the Senator from Ohio (Mr. name was added as a cosponsor of S. Secretary of Veterans Affairs, and for PORTMAN) was added as a cosponsor of 4594, a bill to amend title 38, United other purposes. S. Res. 705, a resolution proclaiming States Code, to improve and to expand S. 4150 the week of September 21 through Sep- eligibility for dependency and indem- At the request of Mr. REED, the name tember 25, 2020, to be ‘‘National Clean nity compensation paid to certain sur- of the Senator from Montana (Mr. Energy Week’’. TESTER) was added as a cosponsor of S. vivors of certain veterans. 4150, a bill to require the Secretary of S. 4618 S. RES. 709 the Treasury to provide assistance to At the request of Mr. PORTMAN, the At the request of Mr. GRAHAM, the certain providers of transportation name of the Senator from Colorado names of the Senator from North Caro- services affected by the novel (Mr. GARDNER) was added as a cospon- lina (Mr. BURR) and the Senator from coronavirus. sor of S. 4618, a bill making emergency South Dakota (Mr. ROUNDS) were added At the request of Ms. COLLINS, the supplemental appropriations for dis- as cosponsors of S. Res. 709, a resolu- name of the Senator from Texas (Mr. aster relief for the fiscal year ending tion expressing the sense of the Senate CORNYN) was added as a cosponsor of S. September 30, 2020, and for other pur- that the August 13, 2020, and September 4150, supra. poses. 11, 2020, announcements of the estab- S. 4152 S. 4634 lishment of full diplomatic relations At the request of Mr. HOEVEN, the At the request of Mr. WICKER, the between the State of Israel and the name of the Senator from Idaho (Mr. names of the Senator from North Caro- United Arab Emirates and the State of RISCH) was added as a cosponsor of S. lina (Mr. TILLIS), the Senator from Israel and the Kingdom of Bahrain are 4152, a bill to provide for the adjust- Georgia (Mr. PERDUE), the Senator historic achievements.
VerDate Sep 11 2014 09:47 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.053 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5790 CONGRESSIONAL RECORD — SENATE September 22, 2020 STATEMENTS ON INTRODUCED (B) communications between political ap- and Human Services in a manner that is in- BILLS AND JOINT RESOLUTION pointees, career staff, and contractors within consistent with strengthening the Nation’s scientific agencies of the Department of COVID–19 response, including with respect to By Mr. SCHUMER (for himself, Health and Human Services; reducing morbidity and mortality related to Mrs. MURRAY, Mr. VAN HOLLEN, (2) initial, subsequent, and final drafts of COVID–19. Ms. BALDWIN, Mr. SCHATZ, Mr. scientific publications or communications, (f) TIME PERIOD.—The time period de- BLUMENTHAL, Mrs. FEINSTEIN, in order to assess changes made by scientific scribed in this subsection is the period begin- Mr. CASEY, Mr. MERKLEY, Mrs. agencies of the Department of Health and ning on the effective date of the public GILLIBRAND, Mrs. SHAHEEN, Mr. Human Services as a result of political inter- health emergency declared by the Secretary ference; and of Health and Human Services under section REED, Mr. MURPHY, Mr. BROWN, (3) other information, as the Task Force 319 of the Public Health Service Act (42 Mr. PETERS, Mr. MARKEY, Ms. determines appropriate. U.S.C. 247d) on January 31, 2020, with respect WARREN, Mr. MENENDEZ, Mr. (d) OBSTRUCTION OF INVESTIGATION.—The to COVID–19, and ending on the last day of DURBIN, Ms. SMITH, Ms. Task Force shall notify, in writing, the Com- such public health emergency. DUCKWORTH, Mr. KAINE, Ms. mittees on Health, Education, Labor, and (g) CLARIFICATION.—Nothing in this section ROSEN, Ms. HIRONO, Mr. LEAHY, Pensions and Homeland Security and Gov- shall prevent the Task Force from releasing Mr. CARDIN, Mr. WHITEHOUSE, ernmental Affairs of the Senate; the Com- any information before January 31, 2021, or mittees on Energy and Commerce and Over- Ms. CORTEZ MASTO, Ms. KLO- before a full report is complete, if the Task sight and Reform of the House of Represent- Force determines that the release of such in- BUCHAR, Ms. STABENOW, Mr. atives; and the Pandemic Response Account- formation is in the public interest. HEINRICH, Mr. WYDEN, Ms. ability Committee of any obstruction, pre- (h) FUNDING.—To carry out this section, CANTWELL, and Mr. SANDERS): vention, or delay of information or commu- there are authorized to be appropriated S. 4638. A bill to preserve and pro- nication requested pursuant to the investiga- $25,000,000 for the period of fiscal years 2021 mote integrity in scientific decision- tion under subsection (b), not later than 30 and 2022. making at the Department of Health days after the Task Force first requested the and Human Services; to the Committee information or communication. The notifica- By Mr. COTTON: on Health, Education, Labor, and Pen- tion shall include— S. 4648. A bill to amend the Con- (1) a description of the information or com- sions. munication sought; trolled Substances Act to list Mr. SCHUMER. Mr. President, I ask (2) the date on which such information or isotonitazene as a schedule I controlled unanimous consent that the text of the communication was first requested; substance; to the Committee on the Ju- bill be printed in the RECORD. (3) the date of any subsequent effort to ob- diciary. There being no objection, the text of tain the information or communication; and Mr. COTTON. Mr. President, we are the bill was ordered to be printed in (4) a summary of any response from the facing momentous issues in the Senate the RECORD, as follows: person from which the information or com- and in Washington and in our Nation. S. 4638 munication was requested, including any ex- Today, we are debating a spending Be it enacted by the Senate and House of Rep- planation by that person of why the re- bill to keep the government funded quested information or communication is resentatives of the United States of America in past the end of this month. There are Congress assembled, not being provided. (e) DEFINITION.—For purposes of this sec- ongoing negotiations to help provide SECTION 1. SHORT TITLE. tion, the term ‘‘political interference with additional relief to those most affected This Act may be cited as the ‘‘Science and decisions made by scientific agencies of the Transparency Over Politics Act’’. by the coronavirus. Health and Human Services’’ includes any With the sad news of the passing of SEC. 2. INVESTIGATION OF POLITICAL INTER- significant action by the executive branch of FERENCE WITH DECISIONS OF SCI- Justice Ruth Bader Ginsburg, there is ENTIFIC AGENCIES OF HHS. the Federal Government to— now a Supreme Court vacancy as well. (a) APPOINTMENT OF THE TASK FORCE.— (1) pressure the Food and Drug Administra- tion to reach a certain outcome related to a As momentous as these issues are, we (1) IN GENERAL.—The Pandemic Response ought not miss what is happening on Accountability Committee established under drug, device, or biological product for the di- section 15010 of the Coronavirus Aid, Relief, agnosis, cure, mitigation, treatment, or pre- the streets of America, though, as too and Economic Security Act (Public Law 116– vention of COVID–19; many in Washington missed for years 136), shall appoint, not later than 1 month (2) pressure such agency to make a deci- as Americans were dying by the thou- after the date of enactment of this Act, the sion related to a drug, device, or biological sands as a result of the opioid epidemic Task Force of the Pandemic Response Ac- product for the diagnosis, cure, mitigation, that hit this country, from prescrip- countability Committee (referred to in this treatment, or prevention of COVID–19 within tion pills to heroin, to synthetic a certain timeframe; section as the ‘‘Task Force’’), which shall opioids like fentanyl. consist of 5 members of the Pandemic Re- (3) prevent such agency from taking an ac- tion related to a drug, device, or biological Now, in recent years, Washington has sponse Accountability Committee. gotten the news, and we have taken ac- (2) QUALIFICATIONS.—The members of the product for the diagnosis, cure, mitigation, Task Force shall have expertise in con- treatment, or prevention of COVID–19, or tion to try to stem the tide of drug ducting independent audits, evaluations, and from taking such action within a particular overdoses around our country. investigations. timeframe; But the fight continues, so I want to (b) INVESTIGATIONS AND REPORTS.—The (4) make a decision for the Food and Drug call the Senate and the Nation’s atten- Task Force shall— Administration related to a drug, device, or tion to a new threat: isotonitazene. It (1) conduct an investigation of political in- biological product for the diagnosis, cure, is harder to pronounce than fentanyl, mitigation, treatment, or prevention of terference with decisions made by scientific but it is equally deadly. It will kill you agencies of the Department of Health and COVID–19 that the Food and Drug Adminis- Human Services during the time period de- tration would make itself in the ordinary in a heartbeat, and it also comes from scribed in subsection (f); and course; China. Reports of iso—as this hard-to- (2) not later than January 31, 2021, and (5) pressure the Centers for Disease Control pronounce drug is often called on the every 6 months thereafter, until the date and Prevention or any other scientific agen- street—are still scattered. that is 6 months after the end of the time pe- cy of the Department of Health and Human A shipment was seized in Canada riod described in subsection (f), submit a re- Services to release, withhold, or modify pub- early last year. Now it has been pop- port of the findings of such investigation to lic health guidance, data, information, or ping up in Europe, in countries as far the Committees on Health, Education, publications related to COVID–19 in a man- ner that is inconsistent with the conclusion flung as Belgium, Estonia, Germany, Labor, and Pensions and Homeland Security Latvia, Sweden, and the United King- and Governmental Affairs of the Senate and reached by the relevant senior career sci- the Committees on Energy and Commerce entists; dom, and, at about the same time, iso and Oversight and Reform of the House of (6) provide a grant, cooperative agreement, has found its way to America as well. Representatives. award, or other Federal support through a It has turned up in both pill and pow- (c) CONSIDERATIONS.—In conducting the in- scientific agency of the Department of der form, seemingly shipped in con- vestigation under subsection (b), the Task Health and Human Services for an entity or centrated, small quantities that escape Force shall consider— endeavor related to COVID–19 for reasons detection too often. Once it is here, it (1) emails and other records of communica- other than strengthening the Nation’s tions, including— COVID–19 response, including with respect to is usually cut with other drugs, like (A) communications between the White reducing morbidity and mortality related to heroin and cocaine, to make them House, the Department of Health and Human COVID–19; or more powerful and much more deadly. Services, and scientific agencies of the De- (7) otherwise influence decisions by sci- An unsuspecting drug user can inject partment of Health and Human Services; and entific agencies of the Department of Health a tainted dose or take a counterfeit
VerDate Sep 11 2014 09:47 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.050 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5791 prescription pill and be dead within By Mr. SCHUMER: The Veteran Home Loan Disaster Re- minutes. Iso is just like fentanyl in S. 4653. A bill to protect the covery Act of 2020 would exempt pro- that regard. healthcare of hundreds of millions of gram participants from the subsequent According to the Drug Enforcement people of the United States and prevent loan funding fee increase if they lost Agency, iso is confirmed to have killed efforts of the Department of Justice to their first home to a natural disaster, at least 18 Americans in 4 different advocate courts to strike down the Pa- allowing them to access a lower rate as States and has been encountered in at tient Protection and Affordable Care if they were a first-time participant in least 48 confirmed incidents across 9 Act; read the first time. the program. States. Mr. SCHUMER. Mr. President, I ask According to the Federal Emergency However, it has likely killed many unanimous consent that the text of the Management Agency (FEMA), in 2019, more. We don’t know for sure because bill be printed in the RECORD. there were 101 Presidentially-declared tests for iso still are not widely avail- There being no objection, the text of disasters across the Nation. So far in able, given its novelty, and overdose the bill was ordered to be printed in 2020, there have been 92 major disaster deaths due to a cocktail of iso mixed the RECORD, as follows: declarations alone. Right now, with heroin, cocaine, or other drugs S. 4653 wildfires rage in different parts of the may be inadvertently attributed only Be it enacted by the Senate and House of Rep- Nation, and we are in the midst of hur- to the known substance. resentatives of the United States of America in ricane season in both the Atlantic and What we do know is that iso is just Congress assembled, Pacific Oceans. the latest weapon that the Chinese SECTION 1. PROHIBITING DOJ EFFORTS TO AD- VOCATE COURTS TO STRIKE DOWN As we continue to experience raging drug dealers are using in their opium PATIENT PROTECTION AND AFFORD- wildfires, volcanic eruptions, and mas- war against America. First, they devel- ABLE CARE ACT. sive hurricanes, it is critical that we oped designer fentanyl analogs, which The Department of Justice may not in any ensure that we work to limit the ripple have killed—and continue to kill— case, including in California v. Texas, No. 19– effects from these disasters. Giving Americans by the thousands. 840 (U.S. cert. granted Mar. 2, 2020), advocate veterans the ability to replace homes that a court invalidate any provision of the However, we have taken strong ac- lost through no fault of their own is tion against fentanyl. Last year, we Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat. 119) or any one step in that direction. passed my legislation, the Fentanyl amendment made by that Act. f Sanctions Act, to punish Chinese drug dealers, and the President—equally im- By Ms. HIRONO: SUBMITTED RESOLUTIONS portant—pressured China’s leader to S. 4656. A bill to amend title 38, crack down on underground drug labs United States Code, to provide for a re- in their own country, which sent nine duction in certain loan fees for certain SENATE RESOLUTION 711—CALL- fentanyl smugglers to prison. veterans affected by major disasters; to ING ON THE PRESIDENT OF THE These efforts have made a difference, the Committee on Veterans’ Affairs. UNITED STATES TO TAKE EXEC- but the fight is not over. China’s drug Ms. HIRONO. M. President, in 2018, UTIVE ACTION TO BROADLY dealers have developed a new poison to Hawaii’s Kilauea Volcano erupted, de- CANCEL FEDERAL STUDENT send to America. stroying upwards of 700 homes, includ- LOAN DEBT Iso has no recognized medical or in- ing a home purchased by a veteran Mr. SCHUMER (for himself, Ms. WAR- dustrial use. It is nothing more and using the VA Home Loan Guaranty REN, Mr. BROWN, Mr. DURBIN, Mr. SAND- nothing less than a way to profit off of Program. When this veteran went to ERS, Ms. DUCKWORTH, Mr. BLUMENTHAL, addiction and death. These Chinese replace the home he had lost by once Mr. VAN HOLLEN, Mr. MERKLEY, Mr. drug dealers want iso to be the new again using the Home Loan Guaranty MARKEY, Mr. BOOKER, Mr. MENENDEZ, fentanyl, so we have to take strong ac- Program, he found that he would be and Mr. WYDEN) submitted the fol- tion to make sure they fail before more forced to pay significantly higher fees lowing resolution; which was referred Americans are killed. for using the program a second time. to the Committee on Health, Edu- The DEA has already taken swift ac- Our Nation’s veterans should not be cation, Labor, and Pensions: tion by classifying iso as a schedule I penalized for losing their homes to nat- S. RES. 711 controlled substance, its most restric- ural disasters and it is for this reason tive classification. But this is only a that I come to the floor today to intro- Whereas the United States is facing his- toric public health and economic crises temporary measure that will last 2 duce the Veteran Home Loan Disaster caused by the coronavirus (COVID–19) pan- years, at most. Recovery Act of 2020. demic that threatens the financial well- Congress should, therefore, act to en- Congress has established a variety of being of nearly every American family; sure iso stays on that list for good. programs in pursuit of both thanking Whereas even before the COVID–19 pan- That is why I am introducing legisla- our Nation’s veterans and ensuring demic, the United States also faced a his- tion to permanently classify iso as a that they are able to live comfortable toric student loan crisis, which is currently schedule I controlled substance. This lives after their service has ended. One holding back our struggling economy and re- will ensure iso receives the strictest of these programs is the VA Home stricting opportunity and prosperity for mil- lions of American families; regulations under our drug laws, and it Loan Guaranty program, which pro- Whereas nearly 43,000,000 Americans cur- will help our brave drug enforcement vides eligible veterans the opportunity rently hold more than $1,500,000,000,000 in agents keep this deadly drug off of our to access mortgages backed by the De- Federal student loan debt; streets. partment of Veterans Affairs. Under Whereas more than 9,000,000 Federal stu- Furthermore, I call upon the leaders the program the VA guarantees a por- dent loan borrowers are currently in default of the Chinese Communist Party to tion of a home loan from a private on those Federal student loans; crack down on the production of iso in lender allowing the veteran borrower Whereas the COVID–19 economic recession the Chinese mainland. If the leaders of to receive favorable mortgage terms. and historic unemployment have com- Participants in this program are re- pounded stagnant wages, labor market dis- the party wish to reduce tensions, if crimination, and rising costs of living, mak- they wish to improve relations, they quired to pay a funding fee in place of ing it nearly impossible for many Americans ought not to allow their own criminals closing cost and that fee increases to ever fully repay their student loans; to manufacture drugs with no legiti- based on various factors, including Whereas this historic student debt crisis mate purpose specifically designed for whether this is a veteran’s first time has left millions of Americans less prepared smuggling into America to poison our using the program or if they have pre- to weather the recession triggered by the citizens. viously had a VA Home Loan. For COVID–19 pandemic as communities of color, I urge my colleagues and the admin- those who have used the loan before, which never fully recovered from the dev- istration to join in this effort to stop the fee is higher, regardless of the cir- astating effects of the previous economic re- cession, have been hit hardest by the dev- iso before it spreads even further. This cumstances that led to their needing to astating health and economic consequences drug has already killed too many of purchase a home through the program, of the COVID–19 pandemic; our fellow citizens. We need to stop it including if their previous home was Whereas student debt disproportionately before it kills even more. destroyed by a natural disaster. impacts borrowers of color, who face the
VerDate Sep 11 2014 09:47 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.054 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5792 CONGRESSIONAL RECORD — SENATE September 22, 2020 worst effects of the student debt crisis, or demand, however acquired, including any tices have positive academic and nonaca- with— equity or any right of redemption’’; demic outcomes, including improvements in (1) Black students, due to ongoing struc- Whereas the United States Department of student attendance, behavior, academic tural barriers that have resulted in per- Education has reportedly used this authority achievement, school readiness, and mental sistent racial inequities in incomes and to implement relief for Federal student loan and physical health, high school graduation wealth, forced to accrue more student debt borrowers during the COVID-19 pandemic; rates, and school climate and reduced racial and more often than their White peers; and and economic achievement gaps; (2) Black student borrowers struggling Whereas on June 29, 2020, President Donald Whereas community schools have the po- more in student loan repayment, including J. Trump, with the support of Secretary of tential for closing racial and economic defaulting at higher rates than their White Education Betsy DeVos, vetoed H.J. Res. 76 achievement gaps, as indicated in a 2017 re- peers; ‘‘Providing for congressional disapproval port; (3) nearly half of Black graduates owing under chapter 8 of title 5, United States Whereas a 2020 study found that New York more on their undergraduate student loans 4 Code, of the rule submitted by the Depart- City’s community schools had a positive im- years after graduation than they did when ment of Education relating to ‘Borrower De- pact on student attendance, on-time grade they received their degree; fense Institutional Accountability’ ’’, block- progression, and credit accumulation for (4) the median Black student borrower ing a resolution that passed Congress with high school students; owing 95 percent of their debt 20 years after starting college, while the median White stu- bipartisan support to overturn a Department Whereas community schools provide a dent borrower owing 6 percent of their debt of Education rule that makes it harder for strong social return on investment, with one after such period; and defrauded Federal student loan borrowers to study citing a social return of between $10 to (5) Latinx student borrowers, who borrow see their loans discharged: Now, therefore, be $15 for every dollar invested over a 3-year pe- at rates similar to their White peers despite it riod; having lower household incomes and signifi- Resolved, That the Senate— Whereas community school coordinators cantly less household wealth, are more like- (1) recognizes the Secretary of Education’s are essential to building successful commu- ly than their White peers to default on their broad administrative authority to cancel nity schools and creating, strengthening, student loans; Federal student loan debt under the existing and maintaining partnerships between com- Whereas Black students and other students authorities of section 432(a) of the Higher munity schools and their communities; who have attended Historically Black Col- Education Act of 1965 (20 U.S.C. 1082(a)); Whereas community school coordinators leges and Universities have had to bear a (2) calls on the President of the United facilitate and provide leadership for the col- larger share of student loan debt because of States to take executive action to broadly laborative process and development of a con- the historic and continued underfunding of cancel up to $50,000 in Federal student loan tinuum of supports and opportunities for these institutions at the State and Federal debt for Federal student loan borrowers ad- children, families, and others within a levels; ministratively using existing legal authori- school’s community that allow all students Whereas student debt cancellation for the ties under such section 432(a), and any other to learn and the community to thrive; families that need it most can substantially authorities available under the law; Whereas the Coronavirus Disease 2019 (re- increase Black and Latinx household wealth (3) encourages the President of the United ferred to in this preamble as ‘‘COVID–19’’) and help close racial wealth gaps; States, in taking such executive action, to pandemic poses additional academic, social, Whereas women hold more than two-thirds use the executive’s authority under the In- emotional, and health challenges for stu- of the Nation’s student loan debt and must ternal Revenue Code of 1986 to ensure no tax dents, educators, and staff at community borrow an average of $3,000 more than men to liability for Federal student loan borrowers schools; attend higher education; resulting from administrative debt cancella- Whereas community school coordinators Whereas, if left unaddressed, the student tion; have proven to be innovative and resourceful debt crisis will worsen inequality, exacer- (4) encourages the President of the United in response to the COVID–19 pandemic, in- bate the current recession, widen the racial States, in taking such executive action, to cluding through organizing volunteers for wealth gap, and slow economic recovery; ensure that administrative debt cancellation mobile food pantries, hosting virtual parent Whereas broad student debt cancellation is helps close racial wealth gaps and avoids the hangouts and student lunch groups, con- the most efficient and effective solution to bulk of Federal student debt cancellation tinuing to support onsite behavioral health our student debt crisis, would help millions benefits accruing to the wealthiest bor- programs through an online platform, and of families, and would remove a significant rowers; and participating in advocacy efforts to halt drag holding back our economy; (5) encourages the President of the United eviction orders in their communities; Whereas broad student debt cancellation States to continue to pause student loan Whereas community school coordinators, would provide immediate relief to millions of payments and interest accumulation for Fed- through their role, deliver a strong mone- American families who are struggling during eral student loan borrowers for the entire tary return on investment for community this pandemic and recession, and prevent duration of the COVID-19 pandemic. schools and their communities, with one study citing a return of $7.11 for every dollar them from having an unsustainable student f debt burden waiting for them once this pan- invested in the salary of a community school demic is over; SENATE RESOLUTION 712—DESIG- coordinator; and Whereas broad student debt cancellation NATING THE WEEK OF SEP- Whereas Community School Coordinators would provide a boost to our struggling econ- TEMBER 21 THROUGH SEP- Appreciation Week, celebrated from Sep- omy through a consumer-driven economic TEMBER 25, 2020, AS ‘‘COMMU- tember 21 through September 25, 2020, recog- stimulus, greater home-buying rates and nizes, raises awareness of, and celebrates the NITY SCHOOL COORDINATORS thousands of community school coordinators housing stability, expanded access to more APPRECIATION WEEK’’ affordable financial products including car across the country and the critical role of loans and mortgages, higher college comple- Mr. BROWN (for himself, Mrs. CAP- community school coordinators in the suc- tion rates, and greater small business forma- ITO, Mr. VAN HOLLEN, and Mr. DURBIN) cess of students: Now, therefore, be it tion; submitted the following resolution; Resolved, That the Senate— Whereas President Donald J. Trump’s (1) designates the week of September 21 which was referred to the Committee through September 25, 2020, as ‘‘Community Memorandum on Continued Student Loan on the Judiciary: Payment Relief During the COVID–19 Pan- School Coordinators Appreciation Week’’; demic, Issued August 8, 2020, will expire on S. RES. 712 (2) thanks community school coordinators December 31, 2020, causing tens of millions of Whereas community schools marshal, for the work they do to serve students, fami- Federal student loan borrowers to enter re- align, and unite the assets, resources, and lies, and communities, especially as commu- payment on New Year’s Day of 2021, includ- capacity of schools and communities for the nities continue to respond to the ing recent graduates facing one of the tough- success of students, families, and commu- Coronavirus Disease 2019 pandemic; and est job markets in recent history; nities; (3) encourages students, parents, school ad- Whereas more than 100 community, civil Whereas community schools are an effec- ministrators, and public officials to partici- rights, consumer, and student advocacy or- tive, evidence-based, and equity-driven strat- pate in virtual events that celebrate Com- ganizations have urged student debt can- egy for school improvement included under munity School Coordinators Appreciation cellation for all borrowers in response to the section 4625 of the Elementary and Sec- Week. COVID–19 pandemic public health and eco- ondary Education Act of 1965 (20 U.S.C. 7275), f nomic crises; as added by section 4601 of the Every Student Whereas Congress has already granted the Succeeds Act (Public Law 114–95; 129 Stat. ADJOURNMENT UNTIL 10 A.M. Secretary of Education the legal authority 2029); TOMORROW to broadly cancel student debt under section Whereas community schools that provide 432(a) of the Higher Education Act of 1965 (20 integrated student supports, well-designed The PRESIDING OFFICER. Under U.S.C. 1082(a)), which grants the Secretary and expanded learning opportunities, and ac- the previous order, the Senate stands the authority to modify, ‘‘. . . compromise, tive family and community engagement and adjourned until 10 a.m. tomorrow, waive, or release any right, title, claim, lien, that use collaborative leadership and prac- Wednesday, September 23, 2020.
VerDate Sep 11 2014 09:47 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.045 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5793 Thereupon, the Senate, at 11:22 p.m., THE JUDICIARY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION adjourned until Wednesday, September CHARLES EDWARD ATCHLEY, JR., OF TENNESSEE, TO ANDREA R. LUCAS, OF VIRGINIA, TO BE A MEMBER OF 23, 2020, at 10 a.m. BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DISTRICT OF TENNESSEE, VICE HARRY SANDLIN FOR A TERM EXPIRING JULY 1, 2025. f MATTICE, JR., RETIRED. KEITH E. SONDERLING, OF FLORIDA, TO BE A MEMBER KATHERINE A. CRYTZER, OF TENNESSEE, TO BE OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMIS- NOMINATIONS UNITED STATES DISTRICT JUDGE FOR THE EASTERN SION FOR A TERM EXPIRING JULY 1, 2024. DISTRICT OF TENNESSEE, VICE PAMELA L. REEVES, DE- Executive nominations received by CEASED. f the Senate: f WITHDRAWAL DEPARTMENT OF STATE Executive Message transmitted by ERIC P. WENDT, OF CALIFORNIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE CONFIRMATIONS the President to the Senate on Sep- UNITED STATES OF AMERICA TO THE STATE OF QATAR. Executive nominations confirmed by tember 22, 2020 withdrawing from fur- NATIONAL FOUNDATION ON THE ARTS AND THE the Senate September 22, 2020: ther Senate consideration the fol- HUMANITIES lowing nomination: THE JUDICIARY JOYCE CAMPBELL GIUFFRA, OF NEW YORK, TO BE A KATHERINE A. CRYTZER, OF TENNESSEE, TO BE IN- MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR EDWARD HULVEY MEYERS, OF MARYLAND, TO BE A SPECTOR GENERAL OF THE TENNESSEE VALLEY AU- A TERM EXPIRING SEPTEMBER 3, 2024, VICE RICK LOWE, JUDGE OF THE UNITED STATES COURT OF FEDERAL THORITY, VICE RICHARD W. MOORE, RESIGNED, WHICH TERM EXPIRED. CLAIMS FOR A TERM OF FIFTEEN YEARS. WAS SENT TO THE SENATE ON APRIL 6, 2020.
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CELEBRATING THE CAREER OF Please join me in thanking Sergeant Juan ening America’s Strategic National Stockpile U.S. CAPITOL POLICE SERGEANT Cardenas for his incredible service to the U.S. Act to address some of these shortcomings. JUAN CARDENAS Capitol Police, the Congress of the United This legislation requires that the contents of States, and to our Nation. the SNS be in good working order and man- HON. DAVID J. TRONE f dates that the Assistant Secretary for Pre- OF MARYLAND paredness and Response and CDC implement STRENGTHENING AMERICA’S IN THE HOUSE OF REPRESENTATIVES a transparent process for the use and distribu- STRATEGIC NATIONAL STOCK- tion of such supplies. Tuesday, September 22, 2020 PILE ACT OF 2020 The bill increases reporting on how supplies Mr. TRONE. Madam Speaker, I rise today are procured for the SNS, as well as requires to celebrate the career of U.S. Capitol Police SPEECH OF reporting on states’ requests for supplies dur- Sergeant Juan Cardenas, badge No. 3793, ing the ongoing COVID–19 pandemic. who is retiring this month after thirty-two years HON. JEFFERSON VAN DREW of service. OF NEW JERSEY While we cannot erase the failures of the For nearly twelve years, Cardenas has IN THE HOUSE OF REPRESENTATIVES SNS during the current pandemic, we can en- served as a Sergeant in the First Responders Monday, September 21, 2020 sure that the stockpile is adequately supplied Unit. During this time, he has managed the and maintained so we can be better prepared Mr. VAN DREW. Mr. Speaker, I rise today mountain bike and First Responders’ training for the next public health emergency. to voice my support for H.R. 7574, the programs that serve to protect Members of I’m proud to be an original sponsor of H.R. Strengthening America’s Strategic National Congress during normal and emergency situa- 7574 and I urge my colleagues to support it. Stockpile Act of 2020. This bipartisan legisla- tions and acted as a supervisor in charge of tion will play a crucial role in strengthening motorcade operations for the President, Vice f state’s and the federal government’s PPE re- President, and Heads of State arriving at the serves to ensure our great nation is even bet- SAVANNA’S ACT Capitol. Sergeant Cardenas worked on ter equipped to eradicate future health crises. projects of the utmost importance, including Americans, especially those in South Jersey, SPEECH OF the State of the Union and the last three Pres- idential Inaugurations. have been harshly impacted by PPE short- HON. SUZANNE BONAMICI Sergeant Cardenas’s success was ground- ages that have increased contraction and OF OREGON ed in his unwavering dedication and excep- death rates and put our frontline health work- tional skill. From 2000 to 2008, Sergeant ers at great risk. Under this legislation, not IN THE HOUSE OF REPRESENTATIVES Cardenas was a supervisor in charge of the only will America be better prepared for health Monday, September 21, 2020 emergencies, but we will do so by increasing Patrol Mobile Response Division, and before Ms. BONAMICI. Mr. Speaker, I rise in sup- that, Police Officer First Class in Communica- American manufacturing of PPE and other es- port of S. 227, Savanna’s Act, a bill to combat tions Section 3. However, Sergeant sential supplies through an innovative pilot the epidemic of missing and murdered Native Cardenas’s life of service did not begin with program. I am proud to support this crucial bi- women and girls. the U.S. Capitol Police: Sergeant Cardenas partisan legislation. In the United States, Native women face first served his country in the United States Air f tragically high rates of violence, sexual as- Force, where he was selected for Special Air STRENGTHENING AMERICA’S Mission and provided security to the Presi- sault, and murder. According to the Depart- STRATEGIC NATIONAL STOCK- ment of Justice, 84 percent of Native and dential aircraft for then-Vice President George PILE ACT OF 2020 H.W. Bush. Alaska Native women have experienced vio- Throughout his career, Sergeant Cardenas lence in their lifetime, and the Centers for Dis- SPEECH OF has led by example as a friendly but resolute ease Control and Prevention found that homi- face on the Capitol grounds and beyond. Time HON. ANNA G. ESHOO cide is the third leading cause of death among and time again, Sergeant Cardenas has es- OF CALIFORNIA Native women. These rates are ten times higher than the national average and reflect tablished himself as an expert, particularly due IN THE HOUSE OF REPRESENTATIVES to his role in helping the U.S. Capitol Police centuries of institutional racism and systemic Monday, September 21, 2020 establish a well-executed and safe motorcade inequalities that Native communities face. operation. His ability and commitment showed Ms. ESHOO. Mr. Speaker, I rise in support Too often families of missing and murdered every single day, whether he was managing a of H.R. 7574, the Strengthening America’s Native women are left without answers. We motorcade, searching for a lost child, appre- Strategic National Stockpile Act of 2020. I’m cannot allow the experiences of Native and In- hending a suspect, or delivering a hot meal or proud to have advanced this bipartisan bill digenous communities continue to slip through new shoes to a homeless veteran. Sergeant through my Health Subcommittee and I’m bureaucracy. I am a cosponsor of Savanna’s Cardenas has proven himself to be a man his pleased to support it on the Floor. Act, which will create and improve procedures, colleagues and our country can rely on. I’m also proud that this legislation includes communication, and cooperation among fed- Over the years, Sergeant Cardenas has my bill with Representative SUSAN BROOKS to eral, state, Tribal, and local agencies that may been showered with awards and commenda- allow the SNS to sell and transfer soon-to-be share jurisdiction over investigating crimes tion, including a Blue Badge Medal, one of the expired supplies to other government agen- against Native women. Department’s top five honors. In 2004, Ser- cies, stretching taxpayer dollars so we can re- Our Nation’s devastating history of coloniza- geant Cardenas received accolades for cre- spond to the current pandemic and be pre- tion has left missing and murdered Native ating a child safety seat program and, in 1998, pared for the next. women invisible to law enforcement for cen- he received the Association of Public-Safety The COVID–19 pandemic has laid bare turies, but today, by passing Savanna’s Act Communications Officials telecommunicator of many sad and startling realities in our country. we can give a voice to this silent crisis. We the year award for his role as a dispatcher One of the most surprising is that the Strategic must strive to better understand the institu- during the shooting of U.S. Capitol Police Offi- National Stockpile, established in 2003 to re- tional racism and systemic inequalities that cer Jacob Chestnut and Detective John Gib- spond to public health emergencies like the Native communities face. And we must keep son. While he is clearly reluctant to retire, it one we’re currently experiencing, was com- fighting for justice for those who are missing should be noted that Sergeant Cardenas has pletely unprepared for the current outbreak. or murdered. given a great deal to the Force, suffering seri- When we opened the door of the SNS, the I thank Congresswoman TORRES for her ous injuries in a 1992 motorcycle accident as cupboard was bare, and American lives were leadership on this bill, and I urge all of my col- a Private on Patrol Division. lost. Today we’re considering the Strength- leagues to support Savanna’s Act.
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
VerDate Sep 11 2014 11:05 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.001 E22SEPT1 dlhill on DSK120RN23PROD with REMARKS E868 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2020 SAVANNA’S ACT AND NOT JOY Collective (CROWN Act Coalition, Dove/ lowed to walk at graduation because his INVISIBLE ACT Unilever, National Urban League, Color of dreadlocks were too long. Change), Black people are ‘‘disproportionately The CROWN Act prohibits discrimination in HON. GREG STANTON burdened by policies and practices in public federally funded programs and activities based places, including the workplace, that target, OF ARIZONA on an individual’s hair texture or hairstyle if it profile, or single them out for their natural hair IN THE HOUSE OF REPRESENTATIVES is commonly associated with a particular race styles—referring to the texture of hair that is or national origin, including ‘‘a hairstyle in Tuesday, September 22, 2020 not permed, dyed, relaxed, or chemically al- which hair is tightly coiled or tightly curled, Mr. STANTON. Madam Speaker, I offer my tered.’’ locs, cornrows, twists, braids, Bantu knots, stanch support for Savanna’s Act and the Not The CROWN Study found that Black wom- and Afros.’’ en’s hair is ‘‘more policed in the workplace, Invisible Act. It is a horrific fact that Native The legislation also provides that the prohi- thereby contributing to a climate of group con- American women face a murder rate ten times bition will be enforced as if it was incorporated trol in the company culture and perceived pro- higher than the national average, with eighty- into Title VI of the Civil Rights Act of 1964, fessional barriers’’ compared to non-Black four percent experiencing some form of vio- which prohibits discrimination on the basis of women. lence in their lifetime. To make matters worse, race, color, or national origin in federally-fund- The study also found that ‘‘Black women are without a dedicated federal database des- ed programs, and that violations of Section more likely to have received formal grooming ignated to collecting information on the num- 3(a) will be treated as if they were violations policies in the workplace, and to believe that ber of how many Native women go missing or of Section 601 of the Civil Rights Act of 1964. there is a dissonance from her hair and other are murdered every year, we do not have the Mr. Speaker, allow me to give another ex- whole picture—this is completely unaccept- race’s hair’’ and that ‘‘Black women’s hair- styles were consistently rated lower or ‘less ample of why this legislation is necessary and able. Savanna’s Act and the Not Invisible Act why I support it so strongly. begin to address the crisis of Missing and ready’ for job performance.’’ Murdered Indigenous Women and Girls. Among the study’s other findings are that 80 In July of this year, Barbers Hill Independent School District, just east of my home city of In Arizona, a state home to 22 Native Amer- percent of Black women believed that they Houston, Texas school district reaffirmed its ican tribes, we recognize and know the hor- had to change their hair from its natural state discriminatory grooming policy that led to the rors of this crisis. We know that it is a mis- to ‘‘fit in at the office,’’ that they were 83 per- suspension of two Black students earlier this conception that Native women only go missing cent more likely to be judged harshly because year. on Tribal lands. Studies have shown that the of their looks. majority of Native Americans and Alaska Na- The study indicated that Black women were The students—cousins Kaden Bradford and tive people now live in urban communities, 1.5 times more likely to I be sent home from De’Andre Arnold—wear their hair in long where they also go missing. Violence against the workplace because of their hair, and that dreadlocks. Native women spans beyond tribal lands and they were 3.4 times more likely to be per- But the school district forbids male students thus so must the solutions. ceived as unprofessional compared to non-Af- from keeping their hair at a length ‘‘below the rican-American women. I am encouraged to see these bills come to top of a t-shirt collar, below the eyebrows, or Three years ago, the United States Army re- the House Floor for consideration because it below the ear lobes.’’ moved a grooming I regulation prohibiting has taken us too long to act on this issue. It women servicemembers from wearing their De’Andre Arnold had complied with the has taken us too long and lives have been hair in dreadlocks, a regulation that had a dis- dress code throughout high school by keeping taken and lost. We cannot in good conscience proportionately adverse impact on Black his hair up. continue with inaction. I support the passage women. But in 2019 the school board made the of these bills and hope they are signed into This decision was the result of a 2014 order code more stringent, requiring that students’ law as soon as possible—we owe it to the Na- by then-Secretary of Defense Chuck Hagel to hair meet the district’s length requirement tive American women who we have lost and review the military’s policies regarding hair- even if not worn let down, which meant that those who are still with us today and worry styles popular with African-American women De’Andre Arnold would have been required to they might be next. after complaints from members of Congress, cut his dreadlocks and in the process, destroy f myself included, that the policies unfairly tar- them, all in contravention of West Indian cul- CREATING A RESPECTFUL AND geted black women. tural traditions that specifically prohibit cutting OPEN WORLD FOR NATURAL In 2015, the Marine Corps followed suit and or trimming locs. HAIR ACT OF 2020 issued regulations to permit lock and twist De’Andre Arnold, a senior who had been in hairstyles. the school district since pre-kindergarten, was SPEECH OF The CROWN Study illustrates the preva- told by school officials that he would not be lence of hair discrimination but numerous sto- able to go to the senior prom or walk in his HON. SHEILA JACKSON LEE ries across the country put names and faces high school graduation until he cut his OF TEXAS to the people behind those numbers. dreadlocks. IN THE HOUSE OF REPRESENTATIVES In 2017, a Banana Republic employee was Mr. Speaker, Black students are and have told by a manager that she was violating the Monday, September 21, 2020 been disproportionately targeted and penal- company’s dress code because her box braids ized for violating facially race-neutral grooming Ms. JACKSON LEE. Mr. Speaker, as a sen- were too ‘‘urban’’ and ‘‘unkempt.’’ policies that are designed to, and have the ef- ior member of the Committees on the Judici- A year later, in 2018, Andrew Johnson, a fect of, profiling, singling out, and burdening ary and on Homeland Security, and the Con- New Jersey high school student, was forced Black children for wearing their hair in its nat- gressional Black Caucus, and as a cosponsor, by a white referee to either have his ural state. I rise in strong support of H.R. 5309, the ‘‘Cre- dreadlocks cut or forfeit a wrestling match, Students like De’Andre Arnold should not be ating a Respectful and Open World for Natural leading him to have his hair cut in public by faced with the impossible choice of either sup- Hair Act of 2019’’ or the ‘‘CROWN Act of an athletic trainer immediately before the pressing their cultural heritage and Black iden- 2019,’’ introduced by Congressman RICH- match. tity by cutting their natural hair or forfeiting MOND, which explicitly prohibits discrimination That same year, an 11-year-old Black girl in their right to equal educational and extra- on the basis of hair texture or hairstyles com- Louisiana was asked to leave class at a pri- curricular opportunities. monly associated with a particular race or na- vate Roman Catholic school near New Orle- tional origin in areas of the law where discrimi- ans because her braided hair extensions vio- The CROWN Act says to students like nation on the basis of race or national origin lated the school’s policies. De’Andre Arnold and others similarly situated is already prohibited. The next year, two African-American men in that the Congress of the United States hears It has long been my position that discrimina- Texas alleged being denied employment by him, sees him, and affirms his beauty and dig- tion based on hair texture and hairstyle is a Six Flags because of their hairstyles—one had nity and pride in his culture. form of impermissible race discrimination. long braids and the other had dreadlocks. I strongly support this legislation and urge According to a 2019 report, known as the And earlier this year, there were news re- all Members to join me in voting for its pas- CROWN Study, which was conducted by the ports of a Texas student who would not be al- sage.
VerDate Sep 11 2014 11:05 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.005 E22SEPT1 dlhill on DSK120RN23PROD with REMARKS September 22, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E869 NATIONAL CENTERS OF EXCEL- us to do our part in stopping the spread of Madam Speaker, I find this dedication to the LENCE IN CONTINUOUS PHARMA- COVID–19. With this in mind, Michelle Harvey fight against COVID–19 nothing short of awe- CEUTICAL MANUFACTURING ACT found herself getting to work behind the family inspiring. During these challenging times, AIS OF 2020 sewing machine. has demonstrated an exceptional commitment Ms. Harvey discovered her newly found to helping their fellow Americans. They now SPEECH OF sewing abilities when her friend, an ICU nurse have hundreds and hundreds of volunteers HON. ANNA G. ESHOO at Tri-City Medical Center in Oceanside, in- across the country, and their leadership is a formed her the hospital would begin taking OF CALIFORNIA true testament to the value of bringing people mask donations. In hopes of providing face together to make a difference. I am sincerely IN THE HOUSE OF REPRESENTATIVES masks for as many essential workers as pos- grateful to the employees of AIS, including Monday, September 21, 2020 sible, Michelle reached out to others who President and CEO Bruce Platzman, and to all Ms. ESHOO. Mr. Speaker, I rise in support would be interested in helping her cause and the volunteers across America who have given of H.R. 4866, the National Centers of Excel- found an overwhelming amount of volunteers. their time and talent to this awe-inspiring and lence in Continuous Pharmaceutical Manufac- From there, the now 1,800 member San Diego selfless cause. turing Act of 2019. I’m proud to have ad- Face Mask Sewing Group took off. On behalf of the United States Congress, vanced this bipartisan bill through my Health Providing members of our community with a the people of Massachusetts’ Second Con- Subcommittee and I’m pleased to support it on face mask is one of the easiest and most ef- gressional District, and all the people impacted the Floor. fective ways to slow the spread. So far, with by this incredible work, it is my great honor The National Centers of Excellence in Con- the unwavering support of her mask-making and privilege to recognize AIS and Sew the tinuous Pharmaceutical Manufacturing Act was group, Michelle coordinated the donation of Masks for their tireless efforts to support our introduced by Chairman Frank Pallone and around 50,000 masks to hospitals, charities, communities during this unprecedented time. Representative Brett Guthrie. and community members across San Diego f The bill directs FDA to designate National County. In an effort to ensure all followers are PERSONAL EXPLANATION Centers of Excellence in Continuous Pharma- covered, The San Diego Face Mask Sewing ceutical Manufacturing which would work with Group also offers tutorials for people to create the FDA and industry to craft a national frame- their own mask from scratch without ever hav- HON. WILLIAM R. TIMMONS, IV work for continuous manufacturing implemen- ing to leave their homes. OF SOUTH CAROLINA tation. I launched a Constituent of the Month pro- IN THE HOUSE OF REPRESENTATIVES The bill authorizes $80 million to be appro- gram to recognize individuals who have gone Tuesday, September 22, 2020 above and beyond to make our region and our priated from 2021 through 2025. Mr. TIMMONS. Madam Speaker, I missed Continuous Manufacturing is an emerging country a stronger place for everyone to live and thrive. Today, I am proud to recognize the votes the week of September 14, 2020, technology that has been shown to greatly re- due to full-time military duties with the South duce both the time and the cost of developing Ms. Harvey as my Constituent of the Month, and I thank her for being a leader and role Carolina Air National Guard. and manufacturing medicines. It also enables Had I been present, I would have voted: significant improvements in the quality of the model in helping our community collectively work together to both protect our frontline YEA on Roll Call No. 183; YEA on Roll Call final product and the reliability of the manufac- No. 184; NAY on Roll Call No. 185; NAY on turing process. workers and helping to stop the spread of COVID–19. Roll Call No. 186; YEA on Roll Call No. 187; Through H.R. 4866, the Centers of Excel- YEA on Roll Call No. 188; NAY on Roll Call f lence in continuous pharmaceutical manufac- No. 189; YEA on Roll Call No. 190; YEA on turing will organize industry efforts to develop RECOGNIZING THE WORK OF AIS Roll Call No. 191; NAY on Roll Call No. 192; continuous manufacturing technologies. AND SEW THE MASKS NAY on Roll Call No. 193; YEA on Roll Call The Centers could help grow the number of No. 194; and NAY on Roll Call No. 195. companies capable of using these tech- f nologies from the current group of approxi- HON. JAMES P. McGOVERN OF MASSACHUSETTS mately ten companies to as many as 100 SUPPORTING FOUR BIPARTISAN IN THE HOUSE OF REPRESENTATIVES users. BILLS THAT ADDRESS THE MEN- Our nation’s dangerous overreliance on for- Tuesday, September 22, 2020 TAL HEALTH CRISIS eign production of critical drugs and their in- Mr. MCGOVERN. Madam Speaker, I rise gredients have led to drug shortages, subpar today to recognize Affordable Interior Systems HON. ANNA G. ESHOO manufacturing and drug quality. This threatens (AIS) of Leominster, Massachusetts, a com- OF CALIFORNIA patient health and safety and poses national pany in my Congressional District which man- IN THE HOUSE OF REPRESENTATIVES security risks to our allied forces. ufactures office furniture and which has orga- Tuesday, September 22, 2020 The COVID–19 pandemic has exacerbated nized and joined together with people from this vulnerability and demonstrates the na- across the United States to create an amazing Ms. ESHOO. Madam Speaker, I rise in sup- tional security and public health risks inherent new nonprofit initiative called Sew the Masks. port of four important bipartisan bills that ad- in allowing China or another foreign nation to Like so many other patriotic Americans, dress the mental health crisis in our country gain control of critical drug manufacturing. when the AIS team began to see the terrible during the pandemic and economic recession. This bill is an important first step to bring toll the coronavirus pandemic was inflicting on H.R. 1646, the Helping Emergency Respond- pharmaceutical manufacturing back to the our country, they jumped into action. Affection- ers Overcome Act of 2019, H.R. 4564, the United States, and I urge my colleagues to ally drawing on the inspiration of World War II Suicide Prevention Lifeline Improvement Act of support it. icon Rosie the Riveter, AIS leveraged their ex- 2019, H.R. 4585, the Campaign to Prevent f pertise and retrofitted a chair production line to Suicide Act and H.R. 5619, the Suicide Pre- produce high-quality, reusable masks. vention Act advanced through my Health Sub- RECOGNIZING MICHELLE HARVEY Then, they mobilized their own employees, committee and I’m pleased to support them on AS CONSTITUENT OF THE MONTH as well as individual sewers across the coun- the Floor. try, affectionately known as ‘‘Rosies,’’ to cre- In a recent poll, half of adults report that HON. MIKE LEVIN ate high-quality reusable masks for first re- their mental health has been negatively im- OF CALIFORNIA sponders and other essential employees at pacted due to the coronavirus. Add to this the IN THE HOUSE OF REPRESENTATIVES risk of COVID–19. mental impacts on those Americans who are Fifty masks at a time, these volunteers are grieving loved ones lost to the virus. Tuesday, September 22, 2020 sewing the pre-cut masks that AIS provides The economic downturn is also taking a Mr. LEVIN of California. Madam Speaker, it and then shipping them out to corporate spon- mental toll on our fellow Americans. Studies is my honor to recognize Michelle Harvey, sors across the country, which then are dis- found for every 1 percent increase in the un- founder of the San Diego Face Mask Sewing tributed to communities in need. employment rate, the suicide rate increases by Group, a Facebook community page dedi- AIS has also launched a special partnership 1 to 1.6 percent. cated to sewing face masks for donation. Now with the United Way of North Central Massa- Despite the frequency of mental illness, too more than ever, as we continue addressing chusetts to help combine efforts and provide many suffer in silence. Mental health is a ne- this unprecedented health crisis, it is on all of masks for United Way volunteers. glected part of our health care system, with
VerDate Sep 11 2014 11:05 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.007 E22SEPT1 dlhill on DSK120RN23PROD with REMARKS E870 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2020 less than 40 percent of people with mental ill- SCARLETT’S SUNSHINE ON Congress, Robert Dizard, Jr., who credited her ness receiving any treatment. SUDDEN UNEXPECTED DEATH ACT work as being an example for other projects These bills address this mental health care undertaken by the Library of Congress. Dep- crisis. SPEECH OF uty Librarian Dizard also attributed Suzanne’s H.R. 1646, the bipartisan HERO Act intro- HON. ANNA G. ESHOO work strengthening the administration of the duced by Rep. AMI BERA creates a data sys- OF CALIFORNIA Gershwin Prize as influential to its sustain- ability for many years to come. Not only was tem at the CDC to capture public safety officer IN THE HOUSE OF REPRESENTATIVES suicide incidences and study successful inter- Suzanne able to build up the Gershwin Prize Monday, September 21, 2020 ventions, authorize grants for peer support be- within the Library itself, she was able to work havioral health and wellness programs within Ms. ESHOO. Mr. Speaker, I rise in support alongside legal professionals, production fire departments and emergency medical serv- of H.R. 2271, the Scarlett’s Sunshine on Sud- agencies, artists, and others to elevate the ice agencies. It also requires the development den Unexpected Death Act. I’m proud to have prestige of the Prize and build a foundation for of best practices for addressing post-traumatic advanced this bipartisan bill through my its future success. stress disorder in public safety officers and Health Subcommittee and I’m pleased to sup- Suzanne’s work on the Gershwin Prizes em- educational materials. port it on the Floor. bodies initiative, commitment, and excellence. H.R. 4564, the bipartisan Suicide Prevention No family should suffer the death of a child Her thoughtful leadership in this endeavor, ac- Lifeline Improvement Act of 2019 introduced without knowing why, yet over 400 children knowledged and celebrated by her colleagues, by Reps. KATKO, BEYER, and NAPOLITANO in- and 3,600 infants die each year from unex- is to be admired and emulated. I commend creases the authorization funding level of the plained causes. her for a job well done. National Suicide Prevention Lifeline program We honor these children today by passing to $50 million each year, from FY 2020 the Scarlett’s Sunshine Act, which provides f through FY 2022. The bill also includes a pilot funding to improve data collection and death program to research, analyze, and employ scene investigations related to unexpected PROMOTING GOOD GOVERNANCE various innovative technologies and platforms deaths and promotes safe sleep practices. IN THE REPUBLIC OF GEORGIA for suicide prevention. Because of the lack of a specific way to record sudden and unexplained deaths in chil- H.R. 4585, the bipartisan Campaign to Pre- dren, it’s impossible to know how widespread HON. KEN BUCK vent Suicide Act, introduced by Reps. BEYER the problem is or to conduct more research and GIANFORTE directs HHS to carry out a na- OF COLORADO into the potential causes. tional suicide prevention media campaign to The Scarlett’s Sunshine Act addresses this IN THE HOUSE OF REPRESENTATIVES advertise the new 9–8–8 number. problem by funding child death review teams Tuesday, September 22, 2020 Finally, H.R. 5619, the bipartisan Suicide and improvement to the CDC’s National Re- Prevention Act, introduced by Reps. STEWART view Case Reporting System. Mr. BUCK. Madam Speaker, I rise today to and MATSUI, establishes two grant programs The bill also provides resources for the pro- express my concern regarding the ongoing de- to prevent self-harm and suicide. motion of evidence-based safe infant sleep terioration of good governance in the Republic Our health as a Nation, both physical and which the American Association of Pediatri- of Georgia. Recent reports indicate the Geor- mental, will be tested in the months ahead. cians say will clarify guidelines making them gian government has undermined the Digital These bills will help people find the care and easier for parents to follow. I urge my col- Silk Way, a digital communications project treatment they need and can save lives. I urge leagues to honor these lost children by sup- meant to transform the region’s technological my colleagues to support these bipartisan porting this bill. integration and increase independence from bills. f Russian and Iranian influence. In light of Rus- sia and Iran’s ongoing corruption and threats f RECOGNIZING SUZANNE HOGAN to international peace and stability, this matter FOR HER WORK ON THE LI- is of strategic importance to American foreign RECOGNIZING CONWAY COUNTY BRARY OF CONGRESS’ policy. FARM FAMILY OF THE YEAR GERSHWIN PRIZE While the Georgian government is an impor- tant ally of the United States, it has become HON. J. FRENCH HILL HON. BARRY LOUDERMILK increasingly hostile toward investors in Geor- OF ARKANSAS OF GEORGIA gian infrastructure, which threatens critical IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES projects in the region. Additionally, the admin- Tuesday, September 22, 2020 istration’s recent adoption of new taxes and Tuesday, September 22, 2020 bureaucratic barriers for Western businesses Mr. LOUDERMILK. Madam Speaker, I rise Mr. HILL of Arkansas. Madam Speaker, I only serves to further undermine American today in recognition of Suzanne Hogan and rise today to recognize The 3 Brothers Farm companies’ ability to operate within Georgia. I her contributions to the Library of Congress’ as the 2020 Conway County Family Farm of fear these changes to Georgian business Gershwin Prize for Popular Song. The the Year. The farm, located near Sardis, is run practices risks increasing the nation’s depend- Gershwin Prize celebrates the work of an art- by brothers Lucas, Nicholas, and Josh Moore. ence on Russia and Iran. ist whose career reflects lifetime achievement Nicholas and Lucas started farming together in promoting songs as a vehicle of musical ex- As an aspiring NATO member and United 20 years ago by raising cattle and conducting pression and cultural understanding. States ally, Georgia must continue to remove a custom hay baling operation while they at- Suzanne’s dedication, leadership, and exper- itself from Russia and Iran’s sphere of influ- tending Morrilton High School. tise were instrumental to the success of the ence. By focusing on infrastructure projects In 2013, the two brothers began their crop- Gershwin Prize during her tenure at the Li- that bypass American adversaries in the re- rotation program after they acquired more land brary of Congress. gion, the Georgian government can create after their former employer, Randy Pettingill, Suzanne was recognized by former Librar- new economic opportunities, attract additional retired. ian of Congress, James Billington, for her abil- foreign investment, and protect the country’s Today, all three brothers raise a mixed ity to successfully facilitate relationships be- sovereignty from perverse international influ- breed of cattle using Black Angus bulls which tween the Library of Congress and the many ences. they sell based on their sterling reputation and stakeholders involved in supporting the Prize, The partnership between Georgia and the word-of-mouth sales. One day, they hope to as well as for developing and executing the United States relies on Georgia’s ongoing open their own retail store stocked by their move of the Gershwin Prize concert from the commitment to fair international business and own beef. White House to Constitution Hall. This move governance practices. I urge the Department I thank our farm families, whose contribu- highlighted the connection between the Prize of State to raise these issues with the govern- tions to our communities and state keep our and the Library’s mission and work, which Su- ment in Tbilisi and ensure the Georgian gov- economy strong while producing the best agri- zanne is credited with strengthening over the ernment facilitates an environment where busi- cultural products in the country. Congratula- course of her work on the Prize. nesses are able to develop projects to help tions to the Moore Family for winning the 2020 Suzanne’s work on the Gershwin Prize was Georgia remain free from Russian and Iranian Conway Family Farm of the year. also recognized by former Deputy Librarian of influence.
VerDate Sep 11 2014 11:05 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.011 E22SEPT1 dlhill on DSK120RN23PROD with REMARKS September 22, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E871 COMMENDING THE WORK OF JOHN dress the dire need of diapers within the Kan- portunities for medical professionals to provide MOLIERE AND STANDARD COM- sas City area as I believe this will ultimately care in rural community-based settings. I urge MUNICATIONS lead to improved health for families within our my colleagues to support this bill. communities. f Madam Speaker, I proudly ask you to join HON. DENVER RIGGLEMAN PERSONAL EXPLANATION OF VIRGINIA me in recognizing HappyBottoms for their ef- fort in collecting, packaging and distributing IN THE HOUSE OF REPRESENTATIVES diapers to low income families across the Kan- HON. MARTHA ROBY Tuesday, September 22, 2020 sas City metro area. I am honored to rep- OF ALABAMA Mr. RIGGLEMAN. Madam Speaker, I rise resent this wonderful organization in the IN THE HOUSE OF REPRESENTATIVES today to recognize the work being done by 5th United States Congress. Tuesday, September 22, 2020 District residents to combat the COVID–19 f pandemic. The employees of Standard Com- Mrs. ROBY. Madam Speaker, I was unable MATERNAL HEALTH QUALITY munications, Inc. have worked diligently with to vote on Thursday, September 17. Had I IMPROVEMENT ACT OF 2020 the Department of Veterans affairs to install been present I would have voted as follows: NAY on Roll Call No. 193; YEA on Roll Call medical IT solutions. This work has included a SPEECH OF new device to aid in the decontamination of No. 194; and YEA on Roll Call No. 195. medical equipment using ultraviolet light. HON. ANNA G. ESHOO f OF CALIFORNIA As we continue to face the COVID–19 pan- IN RECOGNITION OF AUSTIN IN THE HOUSE OF REPRESENTATIVES demic, we have had to adapt and change the HICKLE SELFLESS EFFORTS TO way we practice medicine in America. As the Monday, September 21, 2020 DEFEAT COVID–19 Congressman for Virginia’s 5th District, I have Ms. ESHOO. Madam Speaker, I rise in sup- been meeting with doctors, nurses, and other port of H.R. 4995, the Maternal Health Quality frontline healthcare workers to address our HON. MICHAEL C. BURGESS Improvement Act of 2019. I’m proud to have OF TEXAS medical needs. One thing has become clear: advanced this bipartisan bill through my IN THE HOUSE OF REPRESENTATIVES Increasing our telehealth capabilities is critical Health Subcommittee and I’m pleased to sup- Tuesday, September 22, 2020 to treating patients during the ongoing pan- port it on the Floor. demic. In rural communities, we have seen a My thanks to Reps. ENGEL, KELLY, Mr. BURGESS. Madam Speaker, I rise drop-off in patients seeking medical treatment BUCSHON, TORRES SMALL, LATTA, ADAMS, and today to express appreciation for Southern for non-coronavirus related illnesses and inju- STIVERS for introducing the Maternal Health Methodist University Student Body Vice Presi- ries. This can create serious long-term issues Quality Improvement Act of 2019, a bipartisan dent Austin Hickle of Lubbock, Texas. in our healthcare system, where veterans can bill to address the maternal health crisis. During this pandemic Austin has dem- be vulnerable. ‘‘The U.S. is the most the dangerous place onstrated true leadership. He used his position The work done by Standard Communica- in the developed world to deliver a baby.’’ This as SMU Student Body Vice President to es- tions and their founder John Moliere is helping quote was the conclusion of a major investiga- tablish the College Health Alliance of Texas to alleviate some of these issues. During the tion by USA Today. and recruited other student body presidents COVID–19 pandemic we must strive to find in- Each year, 700 American women die and from colleges and universities across Texas to novative solutions to the medical needs of our 50,000 women are severely injured due to become a unified voice. Together, this alliance community. Telehealth is now helping connect complications related to childbirth. If you’re a would be able to amplify the urgency of public patients with healthcare providers in a way we Black woman in the U.S., the risks are great- health compliance and coordinating greater had not considered before the outbreak. By in- er. Black women are three times more likely to student engagement in all necessary meas- creasing the number of doctor visits that can die from childbirth than white women in the ures to decrease the risk of outbreaks among be done without face-to-face meetings we can U.S., a startling statistic. students. By creating this alliance, Austin continue to slow the spread of the virus and This is unacceptable and it’s preventable. eliminated a leadership vacuum in the flatten the curve. I am grateful for the work of The CDC estimates as much as 60 percent of COVID–19 response due to the absence of a John Moliere and Standard Communications. these deaths could be prevented. strong student voice encouraging students to f This bill would prevent these deaths by ex- do their part and maintain best safety prac- panding programs that improve the practice of tices on campus. The message of these cam- HAPPYBOTTOMS DURING DIAPER maternal care across the country by devel- pus leaders was carried throughout the state NEED AWARENESS WEEK oping and disseminating best practices. in various media outlets. It encouraged stu- For example, the bill authorizes and funds dents to step up to keep their campuses and HON. SAM GRAVES the Alliance for Innovation on Maternal Health communities safe. OF MISSOURI or AIM, which includes provider, public health, For leadership that advanced the cause of IN THE HOUSE OF REPRESENTATIVES and consumer groups working at the state public safety during a global pandemic, I Tuesday, September 22, 2020 level to implement evidence-based ‘‘maternal would like to thank Austin Hickle for his self- safety bundles.’’ less efforts on behalf of the State of Texas. Mr. GRAVES of Missouri. Madam Speaker, AIM works. States who implement AIM safe- f I proudly pause to recognize HappyBottoms. ty bundles have reduced their maternal mor- HappyBottoms is a very important organization bidity rate as much as 22 percent. This data- HONORING RAY PETHTEL, JR. as they help bridge the gap for the almost driven approach was spearheaded in my Con- 22,000 children that do not have enough dia- gressional District. Stanford’s California Mater- HON. H. MORGAN GRIFFITH pers and bring awareness to the need during nal Quality Care Collaborative has reduced OF VIRGINIA Diaper Need Awareness Week, which is cele- severe health problems from pregnancy-re- IN THE HOUSE OF REPRESENTATIVES brated the week of September 21 through 27, lated hemorrhages by 21 percent and has Tuesday, September 22, 2020 in Missouri. contributed to reducing the maternal mortality HappyBottoms is Kansas City’s only diaper rate in California by 55 percent. Mr. GRIFFITH. Madam Speaker, I offer bank and they have been instrumental in alle- H.R. 4995 also addresses the maternal mor- these remarks in honor of Ray Pethtel, Jr. of viating the need of diapers for families in the tality crisis in rural areas. Rural mothers are Christiansburg, Virginia, who passed away on Kansas City area since its creation. Created in 60 percent more likely to die during or after September 12, 2020 at the age of 83. Ray 2011, HappyBottoms has provided over 13 having a child than mothers in American cities, was a longtime public servant who was com- million diapers for low income families in col- and it’s even more dangerous for rural minor- mitted to accountability and high performance laboration with 41 partner agencies at 54 dis- ity women, including Native American women. in Virginia state government. tribution sites across 6 counties. In addition to Fewer than half of rural women live within a Ray was born in Gallipolis, Ohio and grad- their work within the community, 30-minute drive to a hospital with perinatal uated from high school in New Kensington, HappyBottoms is also active within 5 area services, and over 10 percent have to drive Pennsylvania. After service in the United hospitals providing diapers to eligible mothers 100 miles or more. States Air Force, he returned to Pennsylvania of newborns under their ‘‘Bundle of Joys’’ pro- This bill will close those gaps by expanding and earned a bachelor’s and a master’s de- gram. I strongly support these efforts to ad- telehealth grants and increasing training op- gree from the Pennsylvania State University.
VerDate Sep 11 2014 11:05 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.016 E22SEPT1 dlhill on DSK120RN23PROD with REMARKS E872 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2020 He held multiple positions in New York state ship Award, American Society of Highway En- authorities deem to be signs of ‘‘religious ex- government, interrupted by a stint in Wash- gineers Robert E. Person P.E. Person of the tremism.’’ ington, D.C., as Director of Administration for Year Award, the Rotary Foundation Inter- Alarmingly, there is a widespread forced the American Society for Public Administra- national Paul Harris Fellow, the Virginia Tech labor system that exists inside the mass in- tion. University Transportation Fellow, the Penn ternment camps as confirmed by the testi- The Virginia General Assembly established State Alumni Fellow, and the Roanoke- mony of camp survivors, satellite imagery, and the Joint Legislative Audit and Review Com- Blacksburg Technology Hall of Fame. leaked official documents from the Chinese mission (JLARC) in 1973, and Ray was hired Ray is survived by his wife, Mary Jane, his government. In its 2019 Annual Report, the as the first director. JLARC was created to as- three daughters, Jennifer, Leslie and Judy, his Congressional-Executive Commission on sist the General Assembly in its oversight re- grandchildren, Austin, Stephanie and Kath- China found that goods produced with forced sponsibilities by auditing state government leen, and his sons-in-law, Tom, Ken and labor included textiles, electronics, food prod- agencies and analyzing their effectiveness. In Scott. I would like to offer my condolences to ucts, shoes, tea, and handicrafts. We can not this mission, JLARC located an ideal founding them on the loss of this committed and diligent director in Ray. He assembled a strong team allow these goods to reach our shores. Amer- public servant. ica must not profit off the denial of religious and performed his duties with rigor and atten- f tiveness. When I was a member of the House freedom and basic human rights that is per- of Delegates, I saw firsthand the importance of SUPPORT FOR THE UYGHUR MUS- petuated against Uyghur Muslims. JLARC’s mission and contributions; Ray’s LIMS: H.R. 6210, UYGHUR FORCED That is why I support the Uyghur Forced work for twelve years at JLARC helped build LABOR PREVENTION ACT AND Labor Disclosure Act of 2020, H.R. 6270, and that institution and made it a model for other H.R. 6270 UYGHUR FORCED the Uyghur Forced Labor Prevention Act, H.R. states. LABOR DISCLOSURE ACT 6210. These bills will hold private companies After winning election in 1985, Governor wishing to import goods into the U.S. account- Gerald Baliles appointed Ray to serve as the HON. ANDRE´ CARSON able by ensuring that they demonstrate a Commissioner of Virginia’s Department of OF INDIANA clean supply chain where goods or raw mate- Highways and Transportation, now the Depart- IN THE HOUSE OF REPRESENTATIVES rials are not produced using forced labor. Ad- ment of Transportation (VDOT). His time at Tuesday, September 22, 2020 ditionally, these bills will authorize the Presi- JLARC had familiarized him with the Com- dent of the United States to apply targeted monwealth’s transportation needs. Under his Mr. CARSON of Indiana. Madam Speaker, I sanctions on anyone responsible for the labor leadership, which lasted through the terms of rise today to offer my unequivocal support for trafficking of Uyghurs and other Muslim ethnic Governor Baliles and his successor Doug the Uyghur Muslim people, and to support the minorities. Wilder, VDOT completed many important Uyghur bills being considered in the House. There is no doubt that the United States has projects, became more efficient, and improved For several years, China has violated inter- economically benefitted from the bilateral rela- its communications with the public about its national human rights through the mass sur- tionship with China. Yet, the United States’ work. veillance and internment of as many as Ray continued to work on transportation 1,800,000 Uyghurs, ethnic Kazakhs, Kyrgyz, moral authority must be paramount to the eco- after leaving office at Virginia Tech’s Transpor- and members of other Muslim minority groups nomic relationship we have enjoyed. We must tation Institute. He brought his knowledge of in Xinjiang—an Autonomous Region in west- be willing to sacrifice any monetary gain. Our highways and transportation to the institute’s ern China. Those detained in internment core democratic and constitutional principles research, and it now stands as one of the camps have described forced political indoc- to practice religion freely must be unwavering. country’s leading academic centers in the trination, torture, beatings, food deprivation, In the plight of religious freedom around the field. In this capacity, I had the opportunity to and denial of religious, cultural, and linguistic world and for the Uyghur Muslims in China— work with Ray. freedoms. What are the alleged high crimes the United States stands with you. For his leadership over the years, Ray won that warrant such inhumane punishment I urge my colleagues to support the Uyghurs numerous awards and recognitions, including against Uyghurs? Wearing long beards, refus- and I urge my colleagues to support these the New Century Region High Tech Leader- ing alcohol, or other behaviors that Chinese bills.
VerDate Sep 11 2014 11:05 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.021 E22SEPT1 dlhill on DSK120RN23PROD with REMARKS Tuesday, September 22, 2020 Daily Digest Senate the United States Court of Federal Claims for a term Chamber Action of fifteen years. Pages S5735–39 Routine Proceedings, pages S5733–S5793 By 49 yeas to 44 nays (Vote No. EX. 187), An- Measures Introduced: Twenty bills and two resolu- drea R. Lucas, of Virginia, to be a Member of the tions were introduced, as follows: S. 4637–4656, and Equal Employment Opportunity Commission for a S. Res. 711–712. Pages S5787–88 term expiring July 1, 2025. Pages S5739–40 During consideration of this nomination today, Hinderaker, Young, and Samuels Nominations— Senate also took the following action: Agreement: A unanimous-consent agreement was By 49 yeas to 44 nays (Vote No. EX. 186), Senate reached providing that notwithstanding the provi- agreed to the motion to close further debate on the sions of Rule XXII, Senate vote on the motion to nomination. Page S5739 invoke cloture on the nomination of John Charles Hinderaker, of Arizona, to be United States District By 52 yeas to 41 nays (Vote No. EX. 189), Keith E. Sonderling, of Florida, to be a Member of the Judge for the District of Arizona, at 11:45 a.m., on Equal Employment Opportunity Commission for a Wednesday, September 23, 2020; that if cloture is term expiring July 1, 2024. Pages S5740–49 invoked on the nomination of John Charles During consideration of this nomination today, Hinderaker, Senate vote on confirmation of the nom- Senate also took the following action: ination at 4 p.m., on Wednesday, September 23, 2020, and that following disposition of the nomina- By 52 yeas to 41 nays (Vote No. EX. 188), Senate tion of John Charles Hinderaker, Senate vote on the agreed to the motion to close further debate on the nomination. Page S5740 motion to invoke cloture on the nomination of Rod- erick C. Young, of Virginia, to be United States Nominations Received: Senate received the fol- District Judge for the Eastern District of Virginia; lowing nominations: that if cloture is invoked on the nomination of Rod- Eric P. Wendt, of California, to be Ambassador to erick C. Young, the vote on confirmation of the the State of Qatar. nomination occur at a time to be determined by the Joyce Campbell Giuffra, of New York, to be a Majority Leader in consultation with the Democratic Member of the National Council on the Arts for a Leader, on Thursday, September 24, 2020; and that term expiring September 3, 2024. the motion to invoke cloture on the nomination of Charles Edward Atchley, Jr., of Tennessee, to be Jocelyn Samuels, of Maryland, to be a Member of United States District Judge for the Eastern District the Equal Employment Opportunity Commission, be of Tennessee. withdrawn, and Senate vote on confirmation of the Katherine A. Crytzer, of Tennessee, to be United nomination following the vote on the motion to in- States District Judge for the Eastern District of Ten- voke cloture on the nomination of Roderick C. nessee. Page S5793 Young. Page S5751 Nomination Withdrawn: Senate received notifica- A unanimous-consent agreement was reached pro- tion of withdrawal of the following nomination: viding that at approximately 10 a.m., on Wednes- Katherine A. Crytzer, of Tennessee, to be Inspec- day, September 23, 2020, Senate resume consider- tor General of the Tennessee Valley Authority, ation of the nomination of John Charles Hinderaker, which was sent to the Senate on April 6, 2020. of Arizona, to be United States District Judge for Page S5793 the District of Arizona. Page S5751 Messages from the House: Pages S5782–83 Nominations Confirmed: Senate confirmed the fol- Measures Referred: Pages S5783–84 lowing nominations: By 66 yeas to 27 nays (Vote No. EX. 185), Ed- Measures Placed on the Calendar: Page S5784 ward Hulvey Meyers, of Maryland, to be a Judge of Measures Read the First Time: Page S5770 D830
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Executive Communications: Pages S5784–85 Harris Higgins, of Georgia, to be Ambassador to the Executive Reports of Committees: Pages S5785–87 Republic of Burundi, Jeanne Marie Maloney, of Vir- ginia, to be Ambassador to the Kingdom of Additional Cosponsors: Pages S5788–89 Eswatini, Michael A. McCarthy, of Virginia, to be Statements on Introduced Bills/Resolutions: Ambassador to the Republic of Liberia, Jonathan Pages S5790–92 Pratt, of California, to be Ambassador to the Repub- Additional Statements: Pages S5781–82 lic of Djibouti, Manisha Singh, of Florida, to be Representative of the United States of America to Record Votes: Five record votes were taken today. the Organization for Economic Cooperation and De- (Total—189) Pages S5739–40, S5749 velopment, with the rank of Ambassador, James Adjournment: Senate convened at 10 a.m. and ad- Broward Story, of South Carolina, to be Ambassador journed at 11:22 p.m., until 10 a.m. on Wednesday, to the Bolivarian Republic of Venezuela, Barbera September 23, 2020. (For Senate’s program, see the Hale Thornhill, of California, to be Ambassador to remarks of the Acting Majority Leader in today’s the Republic of Singapore, Thomas Laszlo Vajda, of Record on page S5751.) Arizona, to be Ambassador to the Union of Burma, Kenneth R. Weinstein, of the District of Columbia, Committee Meetings to be Ambassador to Japan, and Alex Nelson Wong, of New Jersey, to be Alternate Representative of the (Committees not listed did not meet) United States of America for Special Political Affairs OFFSHORE AND MARINE ENERGY in the United Nations, with the rank of Ambas- TECHNOLOGIES sador, and to be an Alternate Representative of the United States of America to the Sessions of the Gen- Committee on Energy and Natural Resources: Committee eral Assembly of the United Nations during his ten- concluded a hearing to examine emerging offshore ure of service as Alternate Representative of the and marine energy technologies in the United States, United States of America for Special Political Affairs including offshore wind, marine and hydrokinetic in the United Nations, all of the Department of energy, and alternative fuels for maritime shipping, State, and Edward A. Burrier, of the District of Co- after receiving testimony from Daniel R. Simmons, lumbia, to be Deputy Chief Executive Officer of the Assistant Secretary of Energy for Energy Efficiency United States International Development Finance and Renewable Energy; Walter Cruickshank, Acting Corporation. Director, Bureau of Ocean Energy Management, De- partment of the Interior; Stuart Davies, ORPC, Inc., NOMINATIONS Portland, Maine; Siri Kindem, Equinor Wind U.S., Stamford, Connecticut; and Jonathan F. Lewis, Clean Committee on Foreign Relations: Committee concluded Air Task Force, Boston, Massachusetts. a hearing to examine the nominations of Ashok Mi- chael Pinto, of Illinois, to be United States Alternate BUSINESS MEETING Executive Director of the International Bank for Re- Committee on Foreign Relations: Committee ordered fa- construction and Development, who was introduced vorably reported the nominations of Erik Paul Beth- by Senator Thune, and William E. Todd, of Vir- el, of Florida, to be Ambassador to the Republic of ginia, to be Ambassador to the Islamic Republic of Panama, Keith W. Dayton, of Washington, to be Pakistan, and Eric M. Ueland, of Oregon, to be an Ambassador to Ukraine, William A. Douglass, of Under Secretary (Civilian Security, Democracy, and Florida, to be Ambassador to the Commonwealth of Human Rights), both of the Department of State, The Bahamas, Julie D. Fisher, of Tennessee, to be after the nominees testified and answered questions Ambassador to the Republic of Belarus, Melanie in their own behalf. h House of Representatives Chamber Action Additional Cosponsors: Pages H4716–17 Reports Filed: Reports were filed today as follows: Public Bills and Resolutions Introduced: 17 pub- lic bills, H.R. 8333–8349; and 7 resolutions, H. H.R. 3798, to amend title 38, United States Code, to provide for limitations on copayments for Res. 1135–1141 were introduced. Pages H4715–16
VerDate Sep 11 2014 11:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE0.REC D22SEPT1 dlhill on DSK120RN23PROD with DIGEST D832 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2020 contraception furnished by the Department of Vet- Persons Report, require the timely provision of infor- erans Affairs, and for other purposes, with an amend- mation to the Office to Monitor and Combat Traf- ment (H. Rept. 116–529); and ficking in Persons and the Bureau of Diplomatic Se- H.R. 2468, to amend the Public Health Service curity of the Department of State regarding the Act to increase the preference given, in awarding number and location of visa denials based, in whole certain allergies and asthma-related grants, to States or in part, on grounds related to human trafficking, that require certain public schools to have allergies by a 2⁄3 yea-and-nay vote of 414 yeas with none vot- and asthma management programs, and for other ing ‘‘nay’’, Roll No. 197; Pages H4674–77, H4688 purposes, with an amendment (H. Rept. 116–530). Honoring All Veterans Act: H.R. 3010, amend- Pages H4714–15 ed, to amend title 38, United States Code, to estab- Speaker: Read a letter from the Speaker wherein she lish a mission statement of the Department of Vet- appointed Representative Cuellar to act as Speaker erans Affairs; Pages H4677–78 pro tempore for today. Page H4643 Native American Veteran Parity in Access to Recess: The House recessed at 10:05 a.m. and re- Care Today Act: H.R. 4908, amended, to amend convened at 11 a.m. Page H4651 title 38, United States Code, to prohibit the collec- Recess: The House recessed at 11:50 a.m. and re- tion of a health care copayment by the Secretary of convened at 11:59 a.m. Page H4657 Veterans Affairs from a veteran who is a member of an Indian tribe; Pages H4678–79 Committee Resignation: Read a letter from Rep- resentative Richmond wherein he resigned from the CFO Authority and Collaboration Act of 2020: Committee on the Judiciary and the Committee on H.R. 6589, amended, to direct the Secretary of Vet- Homeland Security. Pages H4666–67 erans Affairs to develop and submit to Congress a plan to address the material weakness of the Depart- Committee Election: The House agreed to H. Res. ment of Veterans Affairs; Pages H4679–80 1135, electing certain Members to certain standing committees of the House of Representatives. VA Mission Telehealth Clarification Act: H.R. Page H4671 3228, amended, to amend title 38, United States Code, to authorize health professional trainees to Suspensions: The House agreed to suspend the rules provide treatment via telemedicine; Pages H4680–82 and pass the following measures: Veteran’s Prostate Cancer Treatment and Re- Extension of the Caribbean Basin Economic Re- covery Act: H.R. 991, amended, to extend certain search Act: H.R. 6092, amended, to direct the Sec- provisions of the Caribbean Basin Economic Recov- retary of Veterans Affairs to establish a national clin- ical pathway for prostate cancer, access to life-saving ery Act until September 30, 2030; Pages H4654–57 extending precision clinical trials and research; Uyghur Forced Labor Prevention Act: H.R. Pages H4682–85 6210, amended, ensuring that goods made with forced labor in the Xinjiang Uyghur Autonomous Veterans Benefits Fairness and Transparency Region of the People’s Republic of China do not Act of 2020: H.R. 7795, to amend title 38, United States Code, to improve the ability of veterans to ac- enter the United States market, by a 2⁄3 yea-and-nay vote of 406 yeas to 3 nays, Roll No. 196; cess and submit disability benefit questionnaire forms of the Department of Veterans Affairs; and Pages H4657–66, H4687–88 Pages H4685–87 Global Health Security Act: H.R. 2166, amend- ed, to authorize a comprehensive, strategic approach Making continuing appropriations for fiscal year 2021: H.R. 8337, making continuing appro- for United States foreign assistance to developing 2 countries to strengthen global health security; priations for fiscal year 2021, by a ⁄3 yea-and-nay Pages H4667–71 vote of 359 yeas to 57 nays with one answering ‘‘present’’, Roll No. 198. Pages H4689–H4705 Global Child Thrive Act: H.R. 4864, amended, to develop and implement policies to advance early Moment of Silence: The House observed a moment childhood development, to provide assistance for or- of silence in remembrance of the over 200,000 phans and other vulnerable children in developing Americans who have passed away from the Page H4688 countries; Pages H4671–74 COVID–19 virus. Leveraging Information on Foreign Traffickers Recess: The House recessed at 3:38 p.m. and recon- Act: H.R. 5664, amended, To amend the Trafficking vened at 3:51 p.m. Page H4688 Victims Protection Act of 2000 to ensure adequate Recess: The House recessed at 4:33 p.m. and recon- time for the preparation of the annual Trafficking in vened at 7:03 p.m. Pages H4688–89
VerDate Sep 11 2014 11:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE0.REC D22SEPT1 dlhill on DSK120RN23PROD with DIGEST September 22, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D833 Authorizing the President to posthumously Adjournment: The House met at 9 a.m. and ad- award the Medal of Honor to Alwyn C. Cashe journed at 8:30 p.m. for acts of valor during Operation Iraqi Free- dom: The House agreed to discharge from com- Committee Meetings mittee and pass H.R. 8276, to authorize the Presi- dent to posthumously award the Medal of Honor to MODERNIZATION OF THE CONVENTIONAL Alwyn C. Cashe for acts of valor during Operation AMMUNITION PRODUCTION INDUSTRIAL BASE Iraqi Freedom. Page H4705 Women’s History and Nineteenth Amendment Committee on Armed Services: Subcommittee on Tac- Centennial Quarter Dollar Coin Program Act: tical Air and Land Forces held a hearing entitled The House agreed to discharge from committee and ‘‘Modernization of the Conventional Ammunition pass H.R. 1923, to amend title 31, United States Production Industrial Base’’. Testimony was heard Code, to require the Secretary of the Treasury to from Bruce Jette, Assistant Secretary of the Army for mint and issue quarter dollars in commemoration of Acquisition, Logistics and Technology, Department the Nineteenth Amendment, as amended by Rep- of the Army; and General Edward M. Daly, U.S. Army, Commanding General, Army Materiel Com- resentative Cleaver. Pages H4705–09 mand. Agreed to amend the title so as to read: ‘‘To amend title 31, United States Code, to require the OVERSIGHT OF THE TREASURY Secretary of the Treasury to mint and issue certain DEPARTMENT’S AND FEDERAL RESERVE’S circulating collectible coins, and for other pur- PANDEMIC RESPONSE poses.’’. Page H4708 Committee on Financial Services: Full Committee held Negro Leagues Baseball Centennial Commemora- a hearing entitled ‘‘Oversight of the Treasury De- tive Coin Act: The House agreed to discharge from partment’s and Federal Reserve’s Pandemic Re- committee and pass H.R. 4104, to require the Sec- sponse’’. Testimony was heard from Steven Mnuchin, retary of the Treasury to mint a coin in commemora- Secretary, Department of the Treasury; and Jerome tion of the 100th anniversary of the establishment of Powell, Chair, Board of Governors of the Federal Re- the Negro Leagues baseball, as amended by Rep- serve System. resentative Cleaver. Pages H4709–11 STEMMING A RECEDING TIDE: HUMAN 1921 Silver Dollar Coin Anniversary Act: The RIGHTS AND DEMOCRATIC VALUES IN House agreed to discharge from committee and pass ASIA H.R. 6192, to require the Secretary of the Treasury Committee on Foreign Affairs: Subcommittee on Asia, to honor the 100th anniversary of completion of the Pacific, and Nonproliferation held a hearing enti- coinage of the ‘‘Morgan Dollar’’ and the 100th anni- tled ‘‘Stemming a Receding Tide: Human Rights versary of commencement of coinage of the ‘‘Peace and Democratic Values in Asia’’. Testimony was Dollar’’, as amended by Representative Cleaver. heard from public witnesses. Pages H4711–12 DIVERSITY AND DIPLOMACY: ASSESSING Merrill’s Marauders Congressional Gold Medal THE STATE DEPARTMENT’S RECORD IN Act: The House agreed to discharge from committee PROMOTING DIVERSITY AND INCLUSION and pass S. 743, to award a Congressional Gold Committee on Foreign Affairs: Subcommittee on Over- Medal to the soldiers of the 5307th Composite Unit sight and Investigations held a hearing entitled ‘‘Di- (Provisional), commonly known as ‘‘Merrill’s Ma- versity and Diplomacy: Assessing the State Depart- rauders’’, in recognition of their bravery and out- ment’s Record in Promoting Diversity and Inclu- standing service in the jungles of Burma during sion’’. Testimony was heard from Carol Z. Perez, Di- World War II. Page H4712 rector General of the Foreign Service and Director of Senate Referrals: S. 924 was held at the desk. S. Global Talent, Department of State; and Gregory B. 1160 was held at the desk. S. 1646 was held at the Smith, Director and Chief Diversity Officer, Office desk. S. 4072 was held at the desk. S. Con. Res. 45 of Civil Rights, Department of State. was held at the desk. Page H4650 MAINTAINING JUDICIAL INDEPENDENCE Senate Message: Message received from the Senate AND THE RULE OF LAW: EXAMINING THE today appears on page H4650. CAUSES AND CONSEQUENCES OF COURT Quorum Calls—Votes: Three yea-and-nay votes de- CAPTURE veloped during the proceedings of today and appear Committee on the Judiciary: Subcommittee on Courts, on pages H4687–88, H4688, and H4704–05. Intellectual Property, and the Internet held a hearing
VerDate Sep 11 2014 11:33 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE0.REC D22SEPT1 dlhill on DSK120RN23PROD with DIGEST D834 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2020 entitled ‘‘Maintaining Judicial Independence and the Committee on Commerce, Science, and Transportation: to Rule of Law: Examining the Causes and Con- hold hearings to examine the need for federal data privacy sequences of Court Capture’’. Testimony was heard legislation, 10 a.m., SR–253. from Senator Whitehouse and public witnesses. Committee on Environment and Public Works: to hold hear- ings to examine the Endangered Species Act Amendments TRUMP ADMINISTRATION BROKEN of 2020, focusing on modernizing the Endangered Species PROMISES ON RENEWABLE ENERGY Act, 10 a.m., SD–106. Committee on Natural Resources: Subcommittee on En- Committee on Health, Education, Labor, and Pensions: to hold hearings to examine COVID–19, focusing on an up- ergy and Mineral Resources held a hearing entitled date on the federal response, 10 a.m., SD–G50. ‘‘Trump Administration Broken Promises on Renew- Committee on Homeland Security and Governmental Affairs: able Energy’’. Testimony was heard from public wit- to hold hearings to examine the nomination of Chad F. nesses. Wolf, of Virginia, to be Secretary of Homeland Security, EXAMINING THE TRUMP 10 a.m., SD–342. ADMINISTRATION’S AFGHANISTAN Committee on Indian Affairs: to hold hearings to examine S. 3126, to amend the Public Health Service Act to au- STRATEGY, PART 2 thorize a special behavioral health program for Indians, S. Committee on Oversight and Reform: Subcommittee on 3264, to expedite and streamline the deployment of af- National Security held a hearing entitled ‘‘Exam- fordable broadband service on Tribal land, S. 3937, to ining the Trump Administration’s Afghanistan Strat- amend section 330C of the Public Health Service Act to egy, Part 2’’. Testimony was heard from Zalmay reauthorize special programs for Indians for providing Khalilzad, Special Representative for Afghanistan services for the prevention and treatment of diabetes, S. Reconciliation, Department of State; and David F. 4079, to authorize the Seminole Tribe of Florida to lease Helvey, Performing the Duties of Assistant Secretary or transfer certain land, and S. 4556, to authorize the of Defense for Indo-Pacific Security Affairs, Depart- Secretary of Health and Human Services, acting through the Director of the Indian Health Service, to acquire pri- ment of Defense. vate land to facilitate access to the Desert Sage Youth Wellness Center in Hemet, California, 2:30 p.m., Joint Meetings SD–628. Committee on Veterans’ Affairs: business meeting to con- CORONAVIRUS sider S. 4393, to improve the provision of health care and Joint Economic Committee: Committee concluded a other benefits from the Department of Veterans Affairs hearing to examine the economic impact of Amer- for veterans who were exposed to toxic substances, and S. ica’s failure to contain the Coronavirus, after receiv- 4511, to make certain improvements in the laws adminis- ing testimony from Ashish K. Jha, Brown University tered by the Secretary of Veterans Affairs relating to edu- cation, burial benefits, and other matters, 11:40 a.m., School of Public Health, Providence, Rhode Island; S–211, Capitol. Austan D. Goolsbee, University of Chicago Booth Select Committee on Intelligence: to hold closed hearings to School of Business, Chicago, Illinois; and Adam examine certain intelligence matters, 2 p.m., SH–219. Michel, The Heritage Foundation, and Jeffrey A. Singer, Cato Institute, both of Washington, D.C. House f Committee on Armed Services, Full Committee, hearing entitled ‘‘The Role of Allies and Partners in U.S. Military COMMITTEE MEETINGS FOR WEDNESDAY, Strategy and Operations’’, 12 p.m., CVC and Webex. SEPTEMBER 23, 2020 Committee on Energy and Commerce, Subcommittee on (Committee meetings are open unless otherwise indicated) Health, hearing entitled ‘‘Health Care Lifeline: The Af- fordable Care Act and the COVID–19 Pandemic’’, 10 Senate a.m., Webex. Committee on Appropriations: Subcommittee on Com- Committee on Foreign Affairs, Subcommittee on Europe, merce, Justice, Science, and Related Agencies, to hold Eurasia, Energy, and the Environment, hearing entitled hearings to examine proposed budget estimates and jus- ‘‘Green Recovery Plans for the COVID–19 Crisis’’, 10 tification for fiscal year 2021 for the National Aeronautics a.m., Webex. and Space Administration, 2 p.m., SR–325. Committee on the Judiciary, Subcommittee on Immigra- Committee on Armed Services: to receive a closed briefing tion and Citizenship, hearing entitled ‘‘Immigrants as Es- on Department of Defense cyber operations in support of sential Workers During COVID–19’’, 2 p.m., 2141 Ray- efforts to protect the integrity of U.S. national elections burn and Webex. from malign actors, 2:30 p.m., SVC–217. Committee on Oversight and Reform, Select Subcommittee Committee on the Budget: to hold hearings to examine the on the Coronavirus Crisis, hearing entitled ‘‘Hybrid Hear- Congressional Budget Office’s updated budget outlook, ing with Federal Reserve Chair Jerome H. Powell’’, 10 2:30 p.m., SD–608. a.m., 2154 Rayburn and Webex.
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Committee on Science, Space, and Technology, Subcommittee partment of Transportation’s Disadvantaged Business En- on Investigation and Oversight, hearing entitled ‘‘Data terprise Program’’, 10 a.m., 2167 Rayburn and Webex. for Decision-Making: Responsible Management of Data Committee on Veterans’ Affairs, Subcommittee on Dis- during COVID–19 and Beyond’’, 11 a.m., Webex. ability Assistance and Memorial Affairs, hearing entitled Committee on Transportation and Infrastructure, Full Com- ‘‘Toxic Exposures: Examining Airborne Hazards in the mittee, hearing entitled ‘‘Driving Equity: The U.S. De- Southwest Asia Theater of Military Operations’’, 10 a.m., HVC–210 and Webex.
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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, September 23 9 a.m., Wednesday, September 23
Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of measures ation of the nomination of John Charles Hinderaker, of under suspension of the Rules. Consideration of H.R. Arizona, to be United States District Judge for the Dis- 4447—Clean Economy Jobs and Innovation Act (Subject trict of Arizona, and vote on the motion to invoke cloture to a Rule). thereon at 11:45 a.m. If cloture is invoked on the nomi- nation, Senate will vote on confirmation of the nomina- tion at 4 p.m. Following disposition of the nomination of John Charles Hinderaker, Senate will vote on the motion to in- voke cloture on the nomination of Roderick C. Young, of Virginia, to be United States District Judge for the Eastern District of Virginia, and on confirmation of the nomination of Jocelyn Samuels, of Maryland, to be a Member of the Equal Employment Opportunity Commis- sion.
Extensions of Remarks, as inserted in this issue
HOUSE Graves, Sam, Mo., E871 Riggleman, Denver, Va., E871 Griffith, H. Morgan, Va., E871 Roby, Martha, Ala., E871 Bonamici, Suzanne, Ore., E867 Hill, J. French, Ark., E870 Stanton, Greg, Ariz., E868 Buck, Ken, Colo., E870 Jackson Lee, Sheila, Tex., E868 Timmons, William R., IV, S.C., E869 Burgess, Michael C., Tex., E871 Levin, Mike, Calif., E869 Trone, David J., Md., E867 Carson, Andre´, Ind., E872 Loudermilk, Barry, Ga., E870 Van Drew, Jefferson, N.J., E867 Eshoo, Anna G., Calif., E867, E869, E869, E870, E871 McGovern, James P., Mass., E869
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