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 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.

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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

VerDate Sep 11 2014 06:59 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.061 S22SEPT1 ctelli on DSK30NT082PROD with SENATE September 22, 2020 CONGRESSIONAL RECORD — SENATE S5767 jobs and paychecks, while millions are stake. Women’s freedom to make their We are in a place in the Senate that out of work, and watch them try to own healthcare decisions is at stake. is, frankly, weird, and I don’t know if take away people’s healthcare and take Earlier today, one of my colleagues people around here have gotten used to away their voices in their own govern- came to the floor not to try to get the this being weird, but it is weird. It is ment. $600 in unemployment for people who not normal. In the Senate, we have es- Think about what is at stake. If were laid off, not to try to pass more sentially eliminated legislation. We President Trump gets his way and the help for our schools so they could open don’t do that any longer. 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

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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,

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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.

VerDate Sep 11 2014 09:47 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 9801 E:\CR\FM\G22SE6.085 S22SEPT1 ctelli on DSK30NT082PROD with SENATE