Transcripts For CSPAN2 U.S. Senate U.S. Senate 20240712

The presiding officer the senator from south dakota. The presiding officer madam president , last week the Judiciary Committee held its hearing on judge Amy Coney Barretts nomination and it was easy to see why judge barrett is held in such high regard by her colleagues, students, and peers and why the American Bar Association gave her its highest rating of well qualified. We knew well before the hearing that judge barrett possesses an extraordinary intelligence and comprehensive command of the law. After three days of testimony americans got to see her qualifications for themselves. They saw why she has been described as a jurist, a formidable intellect, a brilliant and conscientious lawyer and staggering academic mind. Even the democratRanking Member on the committee couldnt hide the fact that she was impressed. Judge barrett understands the proper role of a judge in our system of government. As judge barrett made clear, she understands the job of a judge is to interpret the law, not make the law. To call balls and strikes, not to rewrite the rules of the game. Or as judge barrett said to the democratic whip at the hearing last week, i apply the law, i follow the law, you make policy. Judge barrett has made it clear that when cases come before her on the Supreme Court, had she will consider the facts, the law, and the constitution and nothing else. Not her personal beliefs, not her political opinions, just the law and the constitution. Thats the kind of justice that all of us, democrat or republican, liberal or conservative should want. Madam president , i could spend hours highlighting all the extraordinary tributes to judge barrett that poured in since her nomination from lawyers, scholars of every background and political persuasion, but i dont want to tie up the senate floor. So ill just mention one piece of testimony that struck me in particular. As i mentioned the American Bar Association released its rating of judge barrett last week, a rating that the democrat leader, by the way, has called the Gold Standard the Gold Standard by which judicial candidates are judged. Well, madam president , the a. B. A. Gave judge barrett its highest possible rating, well qualified and the chairman of the American Bar Association Standing Committee on the federal judiciary, the a. B. A. Committee that issues these ratings testified before the Judiciary Committee during judge barretts hearing. And id like to read from the testimony that he submitted to the committee. And, madam president , i will quote. Lawyers and judges uniformly praise nominees integrity. Most remarkably, interviews with professionals in the community that know judge barrett for decades not one person uttered a negative word about her character. The Standing Committee was not required to consider any negative criticisms of judge barrett. And his testimony went on and i continue to quote. All of the experienced, dedicated and knowledgeable sitting judges, legal scholars and lawyers to this have worked with or against judge barrett had high praise for her intellect and ability to communicate clearly and effectively. Given the breadth, diversity and strength of the positive feedback that we received from judges and lawyers of all political persuasions and so many parts of the profession, the Standing Committee would have been hard press to come to any conclusion other than that judge barrett has demonstrated professional confidence that is exceptional. End quote. Madam president , we are minority gnat to have a fortunate to have a nominee like judge barrett, and i look forward to confirming her to the Supreme Court in the very near future. Madam president , in addition to considering judge barretts nomination this week, the senate will once again be taking up Coronavirus Relief legislation. We tried this in september, of course, but Senate Democrats foibd our filibustered our relief bill. Were going to try again. Because we believe there are priorities that need to be met priorities that, madam president , everyone should be able to agree on. Things like helping the hardesthit Small Businesses, getting schools the resources that they need to safely reopen and safely operate and providing Additional Health care resources to fight the virus. Democrats, of course, have spent a lot of time talking about the need to pass additional Coronavirus Relief. But despite being given every opportunity to come forward with a realistic compromised bill, they continue to insist on bloated legislation that would not only spend taxpayer dollars on noncoronavirusrelated measures, but would not have a chance of becoming law. Madam president , its very difficult for me to understand democrats thinking if that is they really want to get more covid relief to americans and dont just want to use this as a political issue. I realize that democrats would like to pass exactly the bill that they want, but their liberal wish list simply wouldnt make it through congress. Democrats could, however, get something through congress. Republicans have made it clear from the beginning that were willing to compromise the democrats if they will just come to the table with a reasonable offer. But democrats have so far decided that theyd rather see americans get no relief, zero relief, madam president , than compromise with republicans. And that is really difficult to understand unless, as i said, democrats arent really interested in getting more covid relief to americans. The democrats position makes a lot more sense if they are just trying to exploit this crisis for political gain. But republicans are going to try again this week. The bill that were bringing up would address some of the nations most important coronavirus priorities, priorities, i would add, madam president , that are bipartisan priorities. And i hope that some democrats will join us to get additional relief to the American People. The democratic leadership may be holding coronavirus legislation hostage but they dont have to. Madam president , they dont have to have their allornothing wish list. They can come to a reasonable compromise and give muchneeded resources to the American People. Instead what they are saying is zero relief, no relief is better than compromising with republicans. And thats an unfortunate position, unfortunately, madam president , for them to be in and a very unfortunate position for the American People. Madam president , i yield the floor and i suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call quorum call ms. Collins madam president . The presiding officer were in a quorum call. Ms. Collins madam president , i ask unanimous consent that proceedings under the call be dispensed with. The presiding officer without objection. The senator from maine. Ms. Collins thank you, madam president. Madam president , i rise this afternoon in support of the amendment that senator rubee and i rubio and i have introduced to extend and strengthen the Paycheck Protection Program. It would allow our nations hardesthit Small Businesses to get a second forgivable p. P. P. Loan that they so desperately need. Our amendment would make available 258 billion for new p. P. P. Forgivable loans. Madam president , as i know youre aware from your experience in west virginia, the Paycheck Protection Program has been hugely successful. In the state of maine, three out of four of our Small Businesses have received forgivable loans totaling 2. 3 billion. To put that in context, that is equal to approximately half of the entire state budget. Most important of all, those loans have helped to sustain the jobs of more than 250,000 mainers. Nationwide, the p. P. P. Has been a critical lifeline for more than five million small employers, helping to sustain upwards of 50 million american jobs. As the Washington Post wrote in june following a dramatically betterthanexpected jobs report, quote, give some credit to the government relief efforts, especially the Paycheck Protection Program, for bringing back jobs. This program has provided onetime loans sufficient to support eight weeks of payroll plus a limited amount to help cover certain overhead expenses, which were completely forgivable as long as employers retained and paid their employees. Our purpose was to help Small Businesses save jobs and pay their workers, keeping that allimportant employeremployee relationship intact so that when businesses could reopen and americans could go back to work, it could happen quickly when the pandemic subsided. When chairman rubio and i together with Senators Ben Cardin and Jeanne Shaheen put the p. P. P. Together at the onset of the national emergency, none of us could have envisioned that the pandemic would be so persistent, that here in october it would still be forcing shutdowns and mitigation measures that many months later. Yet the cruel fact is that the virus is still spreading, and many of the steps taken to fight it necessary to protect Public Health threaten catastrophic damage to many Small Businesses and their employees who have been sustained by the p. P. P. Loan funds. But theyre still unable to return to normal operations. According to the nfib, our nations largest Advocacy Group for Small Business, 84 of its Small Business members exhausted their p. P. P. Loan funds by midaugust. Many appear that they will have to lay off their employees, the last thing they want to do or even cease operations altogether if more support is not forthcoming soon. In a key letter in support of our amendment circulated today, the nfib also said that its most recent surratios that survey shows that 49 of its members anticipate needing some sort of additional Financial Support in the next 12 months. Madam president , let me give you an example. I recently learned of a tshirt printing shop in maine that received a p. P. P. Loan. It provided a lifeline to get this business through the past several months, but with many sports leagues and School Activities still suspended, this business and its employees need more help to sustain them until springtime when they hope to once again be printing tshirts for Little League teams and other sporting events. The impact of the pandemic has been particularly acute for our hotels, our restaurants, our b bs and our seasonal businesses that rely on a strong summer to pay their bills throughout the year. A state like mine, which is so dependent on tourism, has been particularly hard hit. Since many of our tourismbased businesses lost the first part of the summer. A recent survey by the American Hotel and lodging association showed that if we do not act and act soon to provide additional assistance, 74 of our nations hotels will be forced to lay off more workers and twothirds could even be forced to close their doors entirely. The same is true in my state of maine. An article published last month in the Bangor Daily News reported that the state could stand to lose twothirds of hotels and directlodging jobs if congress doesnt approve more aid soon. Our restaurants are also struggling. While tourists finally started to runner to maine return to maine in august, this Summer Season has understandably been one of the slowest on record for my state. With the warm weather gone and Outdoor Dining no longer feasible, many of our restaurants can only accommodate about half as many customers as they used to be able to accommodate and still comply with the c. D. C. Guidelines. They fear that they may not be able to make it through the winter without further help. A few days ago i received an email from a couple that owns an awardwinning restaurant in portland, maine. This couple told me that they would have closed without the p. P. P. Loan but that they havent taken a paycheck since march and simply cannot make it through the winter without a second round. As they put it, we love the fact that p. P. P. En p. P. P. Enabled us to keep in contact with our staff, even when they were not able to work in the beginning, due to the state restrictions. Furthermore, it helped us to be able to hire them back so that we could reopen immediately. But at this point, we are staying open only to support our employees. The new p. P. P. Would give us the needed funds to limp through winter while still keeping our staff employed and our customers safe. Im sure that many other members of the senate are seeing the same in their states, and thats why its so important that we renew once again this very Successful Program. As you know, we went through the first 359 billion in just 13 days. Thats what the demand was like. Then we passed additional legislation to replenish the program with 320 billion additional. But, madam president , we only extended the date to august 8 for applicants for the program. We need to reopen it up to those who didnt apply the first time and now find themselves in need and to allow the hardest hit businesses to receive a second p. P. P. Loan. We also need to do this to help our santa ana profits that are also struggling to survive, and thats why we simply must put aside any partisan politics. This program was the product of bipartisan negotiations that went on day after day, night after night, and we came together. So let me describe the key points in this proposal. First, the amendment would allow those small employers that have seen their revenues decline by 35 or more in the first, second, or Third Quarter of this year, compared to the same quarter last year, to receive an additional Paycheck Protection Program loan. Second, because we want to target this additional assistance to the businesses that need it most, we generally limit eligibility to entities that have 300 or fewer employees rather than 500. Third, we expand the list of forgivable p. P. P. Expenses and some in some very commonsense ways. We allow forgiveness for the supplier costs and investment in facility modifications and personal protective equipment for the business to operate safely for its employees and its customers. Examples would be those plexiglass guards, the shields that were seeing everywhere, masks for employees, of course, patio installations and related outdoor furnishings. This is especially important to restaurants facing dining restrictions and those struggling to get the highquality food supply needed to operate because they have fallen behind in their bills. Fourth, we extend p. P. P. To small 501c6 organizations that are not lobbying organizations and that have 150 or fewer employees. Such as local chambers of commerce, Economic Development organizations, and tourism offices. They are doing a great job representing their members through this crisis. Fifth, we would allow forgivable loan funds to be spent through december 31 and clarify law that borrowers can apply for loan forgiveness at the time of their choosing after eight weeks from the loan origination. Sixth, we greatly simplify the loan forgiveness process for smaller borrowers. Those that make a goodfaith effort to comply with the programs requirement would be able to use a onepage simplified loan forgiveness form if they borrowed no more than 150,000. We also make the loan forgiveness process less complex for borrowers of loans between 150,000 and 2 million. Seventh, we provide the s. B. A. With 50 million in additional audit funding to ensure that it has the resources necessary to protect the program against fraud. Regrettably, there are always going to be those who attempt to exploit a program, and thats why we want to beef up the audit capacity. And finally, our amendment includes a series of setasides decide to ensure that smaller borrowers and underserved communities get the accept they need. Get the help they need. These setasides include money for borrowers with ten or fewer employees, 10 billion for Community Financial institutions, such as Small Community banks and credit unions. 10 million for the Minority Business Development agency. In addition, the amendment directs the s. B. A. To issue guidance addressing barriers to accessing capital for minority underserved, veteran, and womenowned businesses. Madam president , the Paycheck Protection Program is the result of a bipartisan commitment to support our Small Businesses, our nonprofits, and their employees during this pandemic. It has been a tremendous success, but many Small Businesses and nonprofits simply require more help now in order to survive, given the length and persistence of this pandemic. This amendment provides that help. It is supported by the National Federation of independent business, the National Restaurant association, the American Hotel and lodging association, the International Franchise association, and hospitality maine. I would ask unanimous consent that letters of support for our amendment be printed in the record at the conclusion of my remarks. The presiding officer without objection. Ms. Collins madam president , i urge our colleagues to support this amendment, to do so now, even if you disagree on other issues that may be taken up. Surely we can come together and extend this bipartisan, highly Successful Program to secure the jobs of Small Businesses and also to ensure that these Small Businesses stay afloat. We want to make sure that Small Businesses, which employ the majority of people in this country, are able to keep their employees employed. We can continue to work to find common ground, and im involved in those efforts, on other policies to help support the health and safety of americans and the safe, responsible opening of our communities. We need more resources for tests and vaccine development, for aid to municipalities and schools, for assistance to our lobstermen, our fishermen, our farmers, our loggers, and to our aviation and motor coach industries. We need more assistance for child care and for the u. S. Postal service. But now is the time to move forward on this bill, on this proposal to extend and strengthen the p. P. P. Before we lose more Small Businesses, before their employees are forced out of their jobs. So lets act today. It is past time to put aside partisan bickering to provide this muchneeded relief for the American People. I urge all of our colleagues to join us in support of this important action to renew and strengthen the p. P. P. Program. Thank you, madam president. I yield the floor and suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call mr. Barrasso madam president. The presiding officer the senator from wyoming. Were in a quorum call. Mr. Barrasso i ask the quorum call be vitiated. The presiding officer without objection. The senator from wyoming. Mr. Barrasso thank you, madam president. First, i would like to commend my colleague, the senator from maine, for her absolute unquestioned leadership in this issue of paycheck protection. She knows in maine as i do in wyoming the importance of Small Businesses to our communities, to our main streets, to the vitality of our economies, and she has led the fight from the beginning of coronavirus to make sure our businesses would remain viable, that they would have opportunities to keep people on the payroll, that they could continue to contribute to their communities. She was the one that brought up this idea at the first place, shepherded it all the way through the congress as part of the cares act, and continues in that leadership role today, madam president. So i come here today on the floor to first commend my colleague from maine and also to talk about the ongoing fight against coronavirus, and the plan forward guided by data and doctors to put the disease behind us and let all of these Small Businesses that the senator from maine has been working to allow to continue to strive and to thrive. Madam president , those in the fight against the virus and i talk to you as a doctor now continue to hold our respect and our admiration. They are doing remarkable work in Community Hospitals and clinics all around the country. And across the country, as a result of the p. P. P. Program, our main streets are getting a little bussier, our economy is is busier, our economy is gaining strength, kids are going back to school, and even some football is being played. Madam president , most importantly, were learning more about this disease and how we can successfully treat covid19. Doctors and clinicians and researchers and scientists have been able to accomplish in such a relatively short period of time is nothing short of remarkable. These men and women are fighting a battle every day in the labs and hospitals around the world. They are racing against time, and they are saving lives. There are heroes today at work all across our nation. An effective vaccine will allow everyone to get back to work and to school. It will also be the protection our most vulnerable americans desperately needs, our seniors, patients with preexisting conditions, anyone confined to a nursing home. Congress has already directed 10 billion for vaccine development. I for one and other members of the republican conference believe that we should be doing more. A month ago, the senate tried to begin debate on our plan to finish the fight against coronavirus. The bill we brought to the floor of the senate would get people back to work safely, would get kids back to school safely, and would put the disease behind us. Instead, democrats on this very floor, on this very floor blocked the focused, targeted bill. Now, this week, democrats once again are blocking another vote on relief for coronavirus, relief thats needed all around the country, relief that i hear about in wyoming, and, madam president , you do in west virginia, relief that our constituents talk to us about as we travel our states. So why are the democrats blocking this legislation . Well, it must be something significant to make them block giving aid to the American People when the people need it most urgently. Well, maybe this is why. Maybe the republican bill doesnt include millions of dollars in tax breaks for rich people in new york and california. The democrat housepassed bill includes those things. Now, the republican bill doesnt give taxpayer money to people who are in the country illegally, but the democrat housepassed bill does do that. The republican bill doesnt bail out states that have been mismanaged way beyond before anyone had ever heard of coronavirus. Well, the democrat housepassed bill does that as well. The republican bill doesnt include money for marijuana banking. The housepassed bill does all of these things. Hard to believe these are the reasons that democrats are preventing Coronavirus Relief from reaching the president s desk. Madam president , just look at the difference in the priorities. Democrats are refusing money for americans until Congress Funds their laundry list of unrelated liberal items for their favored liberal special interest groups. Now, i hope the real reason for this Coronavirus Relief bill that its being blocked isnt because of an upcoming election. I mean, i sincerely hope that americans arent being used to score political points or to damage political opponents. Surely, madam president , that cant be the reason. It would be unthinkable, madam president. Speaker and senator schumer need to set aside all of their political demands and focus on the people in need. Set aside the wasteful spending, unrelated to this battle in order to save lives. Set aside their opposition to more money for a lifesaving vaccine. Now is the time to make an agreement that would actually benefit americans today. There is an urgency. We need to act, and we should act now. To paraphrase winston churchill, madam president , this virus could do its worst but we will do our best. Were doing our best. Were doing our best to get through this together, to get a safe and effective vaccine, to get our economy and lives back on track. It is time to pass targeted relief. This is the path forward for america. Thank you, madam president , and i yield the floor. I suggest the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call mr. Cardin madam president . The presiding officer the senator from maryland. Mr. Cardin i ask unanimous consent that the quorum call be dispensed with. Officer physician. Mr. Cardin once again the Republican Leadership is circumventing and abusings the rules of the United States senate this. This congress, this has happened over and over and over again. Denying the debate on the senate floor where we have the opportunity to offer amendments and have the debate in which the senate is very famous historically for engaging in. I can give you numerous examples justice in policing, after all of the problems that weve seen around our country. No opportunity on the floor of the senate to consider and to offer amendments and have debate. No environmental debate on the floor of the United States senate. Gun safety. Weve heard from students, weve heard from communities, all the tragedies that owe coward during this congress that occurred during this congress. No debate on the floor of the United States senate where wed have the opportunity to offer amendments and have a full debate. Immigration reform, something thats been talked about a great deal but no real action on the floor of the United States senate during this congress. Election reform. Once again, no debate on the floor of the United States senate. No opportunities for amendments. We are not doing what the American People expect us to do. And, madam president , i can name many, many, many more examples. At last count, somewhere around 400 bills have come over to us from the house of representatives, many bipartisan, that have not been considered by the United States senate. And then, of course, the Republican Leadership changes the rules when it suits them in order to do what they want to do, particularly with judicial confirmations. And were seeing that right now in the attempt to fill Justice Ginsburgs vacancy. Changing the rules, the rules that apply to democrats dont apply to republicans. Do whatever you want to do. Thats not what we should be doing. And now we see the Republican Leadership circumventing and abusing the rules of the United States senate as it relates to our responsibility with covid19. These votes, everyone knows, including the republican leader, that we are not going to enact the bill thats currently before the Senate Without the amendments being offered by the majority leader. Why are we taking these issues up . One simple answer political cover votes. Thats the only reason for it. But, madam president , theres a consequence to this. It makes it more difficult for us to get relief to those who need it, whether it be Small Businesses or whether it be our schools or whether it be our state and local governments or whether it be those who are unemployed or american families. It makes it more difficult, because as we are debating i shouldnt say debating. While we are taking these issues up, secretary mnuchin and Speaker Pelosi are negotiating on what we hope will be a comprehensive passage to deal with covid19. But i must tell you, secretary mnuchin that is a very difficult challenge. First, hes got to represent the president of the United States, who changes his mind every few minutes on whether he wants a package or doesnt want a package. Making it very difficult for secretary mnuchin to negotiate with Speaker Pelosi. And then he has to deal with the republicans in the United States senate. Well be voting, i understand, tomorrow on a proposal from the republicans thats less than onethird of the amount of money that President Trump has authorized in negotiations. Pulling us further apart, making it more difficult for us to reach an agreement to help the people of this country. Since midmay, and again several months ago, the house did their work. They sent us over a comprehensive bill to deal with the next phase of covid19. Theres been no efforts none whatsoever by the republican leader to bring that legislation to the floor of the United States senate so we could have an open and full debate with amendments as to what to do. That bill has been here since midmay. And, oh, we cant find the time for that, to have that type of debate. So what is the leader mcconnell suggesting . You got to follow this, because i know the public will find this if it wasnt so serious, they would find it somewhat amusing. First i wants to withdraw the amendment that was championed by the republicans to deal with preexisting conditions. Now, i must tell you, we all said on our side of the aisle, that was just another political cover vote. Now leader mcconnell is making that prediction very clear by withdrawing it. Now hell offer it again later as an effort to block the democrats from being able to offer a clean vote on an amendment. Were going to make it a year vote anyway, but thats his motivation. So hes withdrawing the amendment dealing with preexisting conditions, so its no longer part of the bill. Thens a. Going to offer an amendment then hes going to offer an amendment to the underlining helping to is 178 thats legislation that deals with sanctions against china. You heard me right. This is a message on legislation that deals with sanctions against china. It already includes the underlining amendment that leader mcconnell is offering the amendment that were voting on in a few minutes. So let me then hes going to file a motion to table, which means he wants to kill the amendment. And then hes going to vote against his own motion. I hope you all can follow that. But heress the aarpy or hypocrisy of all this. If the motion to table counts, the provisions are still in the underlying bill. It has no effect whatsoever. Because it is already in the bill. So this is a vote for one purpose only to give political cover. And the American People understand that. They understand that this is strictly about dealing with a partisan political type trickery, and we should have no part of that. So lets talk about the process that weve used. There will be no chance in this legislation of helping businesses or passage of a comprehensive bill under the approach taken by the republican leader. Now, there is a model we could follow. Its worked before, and it can work again. Look at the cares act. We had partisan differences. We bridged those partisan differences. We worked together and put the American Peoples interests first. As a result, we passed the cares act with a proud 970 vote in the United States senate. And we provided desperately needed help in dealing with the covid19 pandemic itself to the Health Professionals and the Public Health people and for testing and for vaccine development, we provided money for state and local governments and we provided money for businesses and homeowners taxpayers, we dealt with unemployment insurance. We did all that. But when we passed that bill in march, we thought this pandemic would be behind us by now. That we wouldnt be still in the first wave in increasing numbers of people infected with covid19. We need more help, not less help. So we need a second round. And i am frustrated in regards to the provisions affects Small Businesses. I say that because senator rubio, the republican chair of the Small Business entrepreneurship committee, and i, as ranking democrat of that committee, are proud to Work Together and put the interests of our Country First and develop the tools that were included in the cares act, which included, yes, the Paycheck Protection Program, p. P. P. It also included eidl loans and grants. It also included loan forgiveness in an effort to help Small Businesses. It it was truly a bipartisan working effort. We were, i think, the first of the different provisions that were included in the cares act that were basically worked out in a bipartisan manner. But thats not the process that the majority leader is following today. The proposal that he is making is not a bipartisan proposal thats been worked on by senator rubio and i. We havent come together. We could easily resolve our differences. I have no doubt about it. If we get the parameters of how much money we have and give us a few minutes to negotiate, well come to an agreement as we have done in the past. I have every confidence in the world well do it. But this process doesnt per view that aim, a process that could not lead to the health of our Small Businesses. So lets talk about what our Small Businesses need. First they need comprehensive Health Similar to what we did in the cares act. They need a second major influx of help. They need help for state and local government. Why . Because the stability of the Services Provided by state and local government are critically important for the climate in which Small Businesses need to operate, to get back to some degree of normalcy. They need help for our schools because our schools need to reopen as fully as they can, safely, whether its virtual or in classroom or hybrid. If and they dont have the resources to do that. Our economy will not get back on track unless parents are confident about the Educational Opportunities of their children and can fully participate in the economy, knowing that their children are safe. Small businesses need that type of support. They need help for the people that are unemployed. Thats 6 that 600 a week went directly to helping Small Businesses by providing customers that use Small Businesses. We have 12 million americans that are uninsured today. We didnt anticipate that in march when we passed the cares act that we would still have those numbers. We need a comprehensive approach. And yes, we need to get covid19 under control. We need confidence among americans that its okay to go out and shop and use services and to participate fully in our economy, but until they are confident they can do that safely, the economy will not rebound the way it needs to. So Small Businesses need a comprehensive approach. Food services are still doing very poorly, and now were entering into the cold months when its more difficult to eat outdoors. It means restaurants are going to need more help, not less. The Hospitality Industry is still very much impacted by covid19. We know that there are no large gatherings or events. The travel and Tourism Industry has taken a hit. I saw that during covid19, during the summer months down on the beaches. The normal crowds were not there. And well see it again this winter in the western part of our state as we see fewer people are traveling to deep creek lake. We all recognize that we need to give attention to these types of conditions to get consumers back that this economy is okay to help Small Businesses. Now, the house has acted, not once but twice, and senator mcconnell instead brings up a bill onethird the offer what the president less than onethird the offer that the president has already put on the table and probably about a quarter, less than a quarter of what the democrats have passed in their most recent bill. So senator mcconnell is going to first follow an file an amendment that would provide a second round of the Paycheck Protection Program. I agree we should have a second round of the Paycheck Protection Program. We need a second round. Thats nothing new. Weve had hearings in our committee where secretary mnuchin acknowledged that, the democrats acknowledged it, the republicans acknowledged it. I filed legislation in june with senator shaheen on a second round of p. P. P. In june. Its now october. We havent brought that bill to the floor so we could reconcile differences if we were going to bring it up on its own, if its not going to be part of a comprehensive package. But thats what leader mcconnell is saying, were going to bring it up on our own, but it doesnt take into consideration the lessons we learn from the Paycheck Protection Program, the first round. What have we learned . We learned that underbanked, underserved communities were not treated fairly. They didnt have the relationship with the banks that allowed them to get the money in a timely way, get as large of loans that the more established Small Businesses were able to get, that the lenders were more likely to do business with those that had existing relations or the larger loans, and that we needed to empower the mission lenders that go into underserved communities, and we needed to concentrate on the smaller and the smallest of the Small Businesses. If you look at the whats being brought forward today, the legislation does not adequately provide for the underserved community. We also learned from the first round of help in the cares act about the importance of the Economic Injury disaster loan program, the eidl program. You see, the eidl Program Provides loans, and those loans are critically important because thats working capital, its not just payroll. Its working capital. And Small Businesses need longterm, lowinterest, eidl loans that are able you pay it over a long period of time, and they get a break in the first year or two where you dont even have to make payments. So they needed the eidl loans. But we also created an eidl grant program. I must tell you something. Small businesses, many, particularly the smaller of Small Businesses, are reluctant to take out any more loans. They dont know how they are going to pay them off. They need grants. They need grants. We provided originally 10 billion and another 10 billion, provided 20 billion, but thats gone. We need to replenish that money for the grant program. The amendment that the leader is bringing up doesnt provide any help for that grant program. In addition, we need to think more strategically about grants under the eidl program. And there is a way of doing that. I will come back to that in a minute. Its not in the leaders amendment. We need to do something about the arbitrary cap that the administration placed on the eidl loan. They placed a 150,000 cap. The law says 2 million. They compromised the effectiveness of this. Now, here is the good news, madam president. We have bipartisan support for these changes. Senator rosen and senator cornyn have filed legislation that would allow us to move forward with the eidl program, but its not in the amendment being offered by the majority leader. And there are so many other programs in the Small Business field that are important, loan forgiveness program, senator coons worked on that, that forgives loans for six months under the 504, the 7a program that we can reduce the cost to Small Business loans, that we can improve microloans. I can mention so many other areas that we could provide help. We know we have specific industries that need special attention such as the restaurant industry, such as local newspapers, such as nonprofits that werent covered under the first p. P. P. Program. Thats not covered under leader mcconnells amendment. And heres the tragedy. There is no opportunity under this process for us to protect errors in senator mcconnells amendment. No chance to amend, never had a chance to amend, never went through the committee. And by the way, its on a bill unrelated to this relief and has no chance of passage. Thats not what we should be doing. We have other options. We could bring the revised house heroes bill to the floor of the United States senate. Its a comprehensive approach. Its been compromised. We could open it to amendments. We could debate it and pass it and provide comprehensive relief. It includes all of the Small Business provisions that i have mentioned earlier are included in the housepassed bill they passed a couple weeks ago. Soar if leader mcconnell is just determined to bring a Small Business bill to the floor, then i have filed such a legislation today with many of my colleagues, a bill that works with the issues of concerns of Small Businesses, which is very much bipartisan. It includes not only the second round of p. P. P. But also includes important help for the underbanked communities and mission lenders. It provides real help for the smaller of the Small Businesses. It increases the eidl program similar to the rosencornyn bill, but also adds a new opportunity for grants under the eidl program. It strengthens programs in areas where the Hospitality Industry for our local newspapers, for our nonprofits. It provides help in many of the Small Business existing programs such as the loan forgiveness program. The cost to Small Business loans is reduced. Microloans are improved. We could bring that legislation up. And then we have a bill that really deals with Small Business that could be debated, amended. We could have amendments, vote on it, but at least we have a comprehensive bill that has a chance of being enacted. Why do i say it has a chance of being enacted . Because the house has already acted on this. Its included in their package. We dont have to try to conference this. And look, we should have passed this months ago, but we all know elections are coming up in two weeks. Weve got to act if if were going to act. Here is a bill we can act on now and get done because we know the house has already voted on a similar package. Madam president , we know Small Businesses need help. They are in desperate need of help. Our economy needs help. Americans need the senate to stop playing procedural political games and to be serious about taking up legislation that can deal with their needs. Im ready at any time to sit down with my republican colleagues and work out such legislation, but the way that the majority leader is going about this is just wrong, and it should not be supported by any of us. With that, i yield the floor. A senator madam president. The presiding officer the senator from florida. Mr. Rubio i dont know of any topic that has more support around here than to the helping of Small Businesses. I think the biggest evidence of that is that every member of this body i would say venture to guess almost everyone has at some point gone back home and bragged about what we are able to achieve together in a bipartisan way to remind everybody this program has never existed before. It was put together in a bipartisan way with the Ranking Member, the senator from maryland we just heard from. We worked on, i think it was six or seven days. It wasnt a perfect program. Like anything new, this big, that fast, it had some hiccups. We worked in a bipartisan way with the administration to implement it. Ill say this without any reservation. It was by far the single most effective piece of that cares package, and there isnt a day that goes by when im back in florida or frankly anywhere in the country that i dont hear about it. I dont know anyone who hasnt. If you go one of the most common themes when we go places is a Small Business owner that says p. P. P. Was a lifesaver. And then they ask is there more on the way because were still struggling. That its a lifesaver is without question. I mean, i look at florida. Over 430,000 of these p. P. P. Loans. Its really in most cases are going to end up being grants were made. About 32 billion of relief into our economy. The Ranking Members home state, 87,000. I looked at some other states quickly on the way over here. Iowa, 61,000. In north carolina, 129,000 of these were made. In michigan, 128,000. Arizona, 85,000. Colorado, 109,000 of these made. Montana, 23,000. The state of maine, where senator collins was a key part of this, 28,000. Georgia, neighboring florida, 174,000. I could go on and on. Other things we should be really proud about p. P. P. Is that twothirds of the loans, the grants, were under 50,000, which tells you about the size of these businesses. In fact, 70 , 70 of these were made to businesses that had 10 employees or less. By far, the most effective thing that we did. You can look at the jobs figures. I have this chart up here just to show it. This was p. P. P. And Small Business employment. If you look at the precipitous dropoff into march, and then once p. P. P. Began to get disbursed, you can see those numbers, the disbursal goes up, the chart goes up. Perfect, no . Do we want it back up here . Of course. Are there businesses that didnt make it . Sadly, yes. But there are people working right now, there are Small Businesses that were going to be wiped off the face of this countrys economic economy that are open to this day because of what we were able to do. But it expired. Meaning you could only get it once. There was a date where it cut off. The Ranking Member moved, we all agreed and we were able to extend it by another month to help people apply, but now you cant go back. So what do you do now . You are a business or a restaurant, for example. You have used p. P. P. Once. You have expended that money over 24 weeks. Now youre potentially in the same place you were back in march and april. Money is gone. Customers are not back yet and youre about to close and people are about to get laid off. So we need to do a second round. And theres a lot of other things we can do for Small Businesses. But this is one we have to do because theres tremendous agreement. And the reason its not happening is because, number one, some people think it is leverage. Everyone likes p. P. P. , so lets hold out on it. Lets not do it until it is a broader package because it is so popular, it is the carrot that will bring everyone toward supporting the broader deal. That may have made sense back in may or june, but not now, not in october, not when we have long since expend the the moneys that expended the moneys that these companies have received and now theyre facing the same situation they were back in early march and april. Now we have to do what we can. I dont think we can fall unfortunately we have. But it is not very smart to fall into the habit of saying if we cant do this thing, we cant do anything. Were not going to do it in six days. We should have done it a long time ago. But this is one piece we can all agree on. And even if youre Small Businesses and i only caught the tail end of what the Ranking Member was saying. There are a lot of things beyond p. P. P. That would help. The fundamental challenge we have is we have a limited amount of time to get this thing done. I appreciate the idea that while the house already passed it but the thing is, thats not something thats going to become law. Thats the reality. There are things that we want on this side that are not going to become law. To pass a law in washington requires package with a senate with a republican majority but not 60 republicans. You need democratic votes. You need that body to pass t you need a democratically controlled house to pass it and a republican president to sign it. Thats just, you know, basic math in terms of what it takes. Thats just the basic outline of what it takes to turn whatever it is were talking about here into a law and to actually help people. If you want to help people, we have got to figure out something that at least 60 people in the senate, a majority in the house will agree on and that the president will sign. And the one thing i know for sure that could get that, if we just had a straight upordown vote on it is the notion of extending a second round of p. P. P. Assistance to a targeted number of Small Businesses. Thats t now, is that everything i want to do . No, i want us to do more. And by the way, we could figure something more to do in the meantime, that would be great. But this must happen. Theres no way of explaining to people. Well, hold on a second. Everybody agrees that we need to do more, why us to extend p. P. P. Well, why havent you done it . Then you have to explain, well, there were nine other things we wanted to do for Small Business. But since we couldnt agree on those, we didnt do the thing we agreed on. Or there were a bunch of other nonbusiness related that we wanted to get done. Because those didnt happen, were holding 9 whole thing up. It doesnt make sense in the real world to anybody. So bottom line is this we have a basic formula here that we if we put aside those considerations could get support, could pass. Pretty quickly. And the other issues, theyre still going to be there. We should do them, too, but we shouldnt hold this up in order to do this. Thats what were going to have a chance to do in a few minutes. If we do, well have to explain to people why it that is this is being held up. If you tell them it is because people want ledge for more stuff, they are want leverage for more stuff, theyre not going to understand that. We have before us right now the ability to help at the tune of close to 250 billion millions of Small Business workers across this country and their employers to keep them on payroll to stay open for a few more months as we get through this pandemic. We have a chance to do it flew a model that we know workers through a model that we know works. A model that was recently used. Reupping it for a second round to a targeted number of businesses facing revenue constraints. We even open it up to some additional notforprofits. Then we have all these other things we should do as well. But we shouldnt wait for those things to do this thing, to do this help right now. Because this is not theoretical. Right in very moment there are thousands upon thousands of Small Businesses that are holding on 0 holding on son a weekbyweek basis. Its up to whether their customers have the financial wherewithal to go back and visit or spend. Its businesses i have talked about restaurants. Absolutely. And live venues. Absolutely. And all those other places that have been hurt in hospitality, without a doubt. But other businesses are being hurt. I know a dry cleaner in south florida thats being hurt. When people stopped working and going to certain places, they spent less money on dry cleaning. Now a place that had eight employees has six and of the six, four are only parttime. They have an opportunity if they got p. P. P. To keep that workforce employed full time. We can do this. These other issues still have to be addressed, but lets at least do this. It isnt everything but it is a lot. And it is something and it will matter. There is no reason not to do this. It will not keep us from doing the other things that need to be done. Again, just because we are not going to do everything in one shot should not mean that we dont do something. We have a chance to do something, andesites meaningful and its a model we know works and we all supported in the past. It is one that in the next few minutes i hope people are change their minds on and support now. Because to not doing is, it is inexplicable. It would make no sense to real people in the real world who are just trying to hold on and cant figure out why it is we are here and we cant do something to help them at their hour of highest need. Thank you, i yield the floor. The presiding officer senator michigan. Ms. Stabenow thank you, madam president. I rise today to speak on behalf of people and Small Businesses in michigan who are being left behind in this republican bill. As i would friend from florida said, we can do something. The Senate Democratic leader is going to be offering us an opportunity to vote on something comprehensive that has been passed by the house that doesnt leave Small Businesses and families and Health Care Providers and the need for testing and tracing behind. But when i think about whos being left behind in this bill, i think of the single mom of two boys whos seen her hours cut and her paycheck has shrunk and shes being left behind by what were being asked to vote on. She sedan know shedon snow if theyll be able to keep the lights on. Our the retiree struggling to pay for food, goes to bed hung fishery night after night, is being left behind on what were being asked to vote on. That doesnt have to happen. We have an alternative that has passed the house that we could vote on and get this done today. The owner of a small restaurant is being left behind. Hes been able to stay open by offering takeout but just barely, just barely. Holding on, wanting specific help that is available through legislation introduced in the senate that is bipartisan that is not in this bill. And he is being left behind. Were talking about the family who thought 2020 would be the year theyd finally get ahead and then covid hit, and now theyre at rick of being evictedkind and now theyre at risk of being evicted and losing their home. This brought their children stability for the first time. Then there are the michigan families who have lost loved ones, more than 7,000 grand mass and grandpas and moms and dads, sons and daughters, brothers and sisters, cousins, neighbors, friends. People in michigan arent talking about a stimulus bill. They want a survival package because it is survival for them right now. Instead, republicans have introduced a bill that leaves our Urgent Health care needs, our families and far too many businesses behind. This republican proposal leaves behind the most important thing we understand to do right now to get we need to do right now to get the pandemic under control. President trump says well wake up one day and covid19 will have miraculously have gone away. Oh, if that were true. Wouldnt that be great. But we are tired of waiting and getting up every day and being faced faced with this threat of covid19. If we want people to send their kids to school, reopen their businesses, get back to work, be able to go shopping, to be able to eat at their straightens, then we need to he eat at their restaurants a, then we need to make sure it is safe. Right now it is not safe. Infections and deaths are i can spurge all across the country. The white house is still resisting a National Testing strategy as if it is not kind of giveaway to democrats instead of Public Health 101. Meanwhile, millions of people have lost their jobs, which means theyve also lost their Health Insurance, which he doesnt want to address, a understand our Health Care System is under strain. Our hospitals, our Nursing Homes are still struggling to get enough personal protective equipment for their employees, for families who want to visit, for patients. Our Health Care Professionals are exhausted, stressed at severe risk of burnout. Health care needs are left behind in this bill, and so are the needs of our families. Right now the Unemployment Rate in michigan is 8. 5 , higher than the national average. Since march, march 15, 2. 3 million michigan residents have relied on unemployment. The extra 00 week provided in the cares the extra 600 a week provided in the cares act was a lifeline for thighs michigan families and need for these michigan families and needs to be extended. A survey last month by the u. S. Census bureau finds that 25 of michigan residents thought they would be evicted or lose their home to foreclosure in the next two months. We need to act now now. We have an opportunity. The Senate Democratic leader will give us the opportunity to vote on that bill and act now. Without additional unemployment aid and rental assistance, where will these families go in january when the c. D. C. Eviction moratorium expires and theyre months behind in rent . This legislation also leaves our children behind. Republican bills have not provided Adequate Funding to reopen our schools safely. And millions of parents, including my own daughter and her family and my own sondland and his family, juggle and my own san and his family, juggling trying to make sure kids can work online, trying to make sure they are a getting the education they need. Its hard. The money that has been provided in the bills, unfortunately, in the underlying bill, theres some but it comes with strings attached. Schools must physically reopen in order to receive their fair share of funding. So if your School District has decided that covid cases have gone up and it is not safe for the children to go back to school, theyre still paying the teachers. Theyre operating remoteliment they have all the costs of operating remotely. But if theyre not physically there, like President Trump insists on, physically being there, regardless of the health risk, they would not get the help that they need for our children to be educated. Quite a change for a Political Party that likes to talk about local control. But there is one exception. If your child is is going to a private school, you get a great big tax cut. If you send your child to a private school. Rather than a Public School like the vast, vast majority of children in our country. A fiveyearold kindergarten student has access to highspeed internet in only one way. That is, if her parents disconnect every other Electronic Device in their house while she is doing her studies. And the connection isnt great. Brecken and other students deserve the same as their city friends enjoy but the republicans leave them behind. Democrats have proposed a 4 billion erate funding increase to ensure children are able to go to school remotely. We dont want any child left behind in this covid19 crisis. We cant talk about schools without talking about healthy food and nutrition. They go hand in hand. The average person getting Food Assistance receives 2,700 a month which is 1. 40 per meal. And about 40 of our families that even getting that have gotten no help increase. We know the foodlines, those who have donated now sitting in their cars sometimes for hours waiting to go through the food lines themselves. Our families need help. Our families are hungry. We can fix that if we pass the bill that the house sent to us. And, finally, this legislation isnt just about leaving Critical Health care needs, testing needs behind, leaving our children, leaving our families behind. It leaves far too many businesses behind. Over the past few months, i met with so many michigan business owners, mostly over zoom, restaurants, gyms, entertainment venues, craft breweries, theaters that have been revitalizing michigan downtowns. One thing i love is that not just in big cities, but in small towns in michigan, you go downtown, and there is a small Craft Brewery and rebuilt an historic theater and they are rebuilding the downtown. They have been hit so hard by what has happened with covid19. They deserve specific help that they are not getting in this legislation. All Small Businesses are not getting the help the kind of help that they need. We dont want to leave any Small Business behind, including our minorityowned Small Businesses in underserved communities and nonprofits. We fought successfully as democrats to add 30 billion in dedicated tuck for those who are underbanked or receiving their Financial Support in other nontraditional ways. Thats not in here either. So we need an approach for this pandemic and the economic catastrophe that it has unleashed across the country. We need an approach that is serious and is bold, neither of which we are about to vote on with this p. P. P. Bill. Testing and health care, keeping our children safe so they can get back to scal. Our families school. Our families, and all of our businesses. We know that so many have been hit in ways that are different than others and we need to address all of our Small Businesses. This is no time to leave any of them behind and the Republican Initiative in front of us does just that. People deserve better. Thank you, madam president. I yield the floor. The presiding officer the senator from rhode island. Mr. Whitehouse thank you, madam president. Were running a little bit short on the time that i expected to have with senator merkley here. So im going to ask i ask unanimous consent to come back at a later time and have my remarks delivered then fit into the record as if i had had the chance to deliver them fully now. The presiding officer without objection. Mr. Whitehouse i do want to say that we are here at a time when the Republican Party is jamming yet another nominee through bizarre procedural practices on to the Supreme Court. We have examined in the Judiciary Committee some of the ways in which the funding for that operation flows from big, anonymous donors who use the Federalist Society as a conduit to buy a seat at the table where our Supreme Court justices are selected and then with contributions as big as 17 million pays for campaign ads for the nominee who has been selected and then sends an entire flowtilla of front groups in an orchestrated chorus to argue before the Supreme Court as if they were different. What i want to say today we have been looking at this captured courts problem for a while and were releasing this whats at stake report on what it means for climate and the environment. Because whos behind the scheme to capture the court is primarily the big polluters who want protection from courts that will be friendly to their interest. I will speak more about this and about why they are willing to spend what the Washington Post calculated as 250 million in dark money to effect this court cop capture operation. What is the pay back for them . This is the asterisk where my remarks will be added. Now i want to yield to my colleague, senator merkley, and what he will say on the climate report we are speaking about today. The presiding officer the senator from oregon. Mr. Merkley whats at stake with the environment . Our planet. Our planet is on fire, literally. Historic wildfires are leaving our communities in ashes. Oceans are growing hotter, more acidic, devastating sea life from the shellfish of oregon to the coral reefs of the Great Barrier reef. So much damage not just to the Natural World but to our fishing industry, to our florist industry, to the farming industry, our economies both in america and around the world. More frequent, more devastating storms, damaging crops, flooding cities, destroying coastal communities. The Climate Crisis is a clear and present danger. We are barely barreling head first at head speed at irreversible climate chaos. These special interests that my colleague just spoke about and which we expose in this report are using every tool at their disposal, especially the courts not to stop the damage but to accelerate the carnage. This shouldnt be too surprising that they should turn to these strategies because they cant turn to the citizens of the United States because protecting our world is popular among the American People. They favor clean air. They favor clean water. They think our government has a responsibility to protect that air and water and land and more broadly to protect our planet. In fact, 70 of americans say the government is not doing enough to reduce the effects of climate chaos, and they are so right and thats why the fossil fuel Companies Know they cant win outright based on their arguments, certainly not based on their ideas. No one says i want more lead in my water. I want more climatedamaging Carbon Dioxide or methane in the air. So what do you do if you cant win fairly . You rig the outcome. You fund bogus research, you spend huge sums with media to publicize that bogus research, you increase your influence through a vast, large legal team, you build a powerful lobbying team on capitol hill, you handpick candidates and fund their campaigns, you seek to take control over an entire Political Party. But members of Congress Come and go and even when the deck is stacked, theres that possibility of a grassroots uprising, the American People, to overturn your carefully laid plans to control the american government. So what do you do, strategy number seven, perhaps the most powerful strategy of all, you buy the courts. Once you get someone on the federal bench, they are there for life. They cant be tossed out by a vote of the people. They wield immense influence over the laws and regulations, certainly over our environmental laws and regulations. If you control the courts and especially the Supreme Court, even if you lose the white house, even if you lose the house and the senate, even if you lose all three at once, you have immense power over the laws of our land. Our constitution was framed to build a government of, by, and for the people. With control of the courts, the privileged few, the fossil fuel bear barons have created government by and for the powerful. Thats why we saw such a committed effort by the employees on the other side of the aisle to fill hundreds of seats on the bench. Thats why the Supreme Court, for the first time in American History, four years ago, five years ago, thats why the majority is obsessed with having white lifetenured judges who were not chosen for their qualifications but for rightwing ideology and why the members of the Supreme Court are members of the Federalist Society, created in the 1980s, as described in the book, the lie that binds, to implement an anti the will of the voters, it started one weekend with 200 conservative stoobts and pro students an professors and grew into the presentday shadowy behemoth promoting farright judges at every level of the bench to further corporate control, the powerful and privileged few over the will of the people. And how are they funded . Untold millions from polluters and other corporate interests who benefit from judges who strike down environmental laws and related regulations enacted in pursuit by the people. The Federalist Society is now under donald trump in charge of judicial nominations. He asks them to give him a list of who he should nominate. And so it goes, the Federalist Society put neil gorsuch on the list and President Trump nominated. Justice gorsuch who said in the chevron doctrine with maritime law which gives reasonable interpretations of statutes, rules that should be overturned. The Federalist Society put Brett Kavanaugh on that list and President Trump nominated him. Whatever the d. C. Court ruled to hold a polluter accountable, kavanaugh could be counted to be in opposition of holding that corporation accountable. Observers call him a conservative contradict of sweeping environmental regulations and a disaster for the environment. The Federalist Society put amy barrett on that list and trump dutifully nominated her. Amy Coney Barrett refused to answer whether Climate Change is real during her confirmation campaign the her record is clear in one case, she ruled that a Park Preservation Group could not sue a construction project. She reversed a lower courts decision from having wetlands developed under the clean water art, an environmental nonprofit remarked that her willingness to interpret the laws of the clean water act narrowly were in favor of industry interest, a perfect fit with the goal of the Federalist Society. The Federalist Society plays a tune and their nominees dance the dance. The dance for government by and for the powerful, the dance that tramples on government by and for the people. If President Trump loses reelection, if republicans lose the senate majority, still there is this court with this decisions against the environment, against the worker, against civil rights time and time again, a are court that will work a court that will work to stymie every effort to stave our planet. There is a whole list of similar related positions in the lower courts with similar outcomes. Corporate welfare over environmental stewardship. One judge after another after another. They are the examples of the Pro Corporation environment rulings and trumpappointed jurists that we feared. The kinds of challenges that will stand in our way if we fight to undo the damage that this administration and its extreme rightwing allies have unleashed on our democracy and on our planet. So now we have the responsibility to act. The report that senator whitehouse and i are releasing today, and i applaud him for working so hard to develop this whole set of captured courts reports to understand the power behind the shift from government by and for the people to government by and for the powerful because if youve read the constitution, if you believe in we the people, you believe in the spirit of a government that draws its very essence from the people of the United States, not from a kabul of extremely wealthy, extraordinary white, significantly privileged, enormously powerful individuals trying to be puppet masters and destroy that vision that we so cherish. That is why we must expose it. That is why we must fight it. That is why we must reclaim for the future of every child in america, certainly for the future of our environment here in the United States, certainly for the health of the planet, we must reclaim that vision of government of, by, and for the people. Thank you, madam president. The presiding officer the senator from maine. Mr. Whitehouse go ahead, senator. I just wanted to see if we were going into the vote now, and see whatever procedural steps we needed to take us to the vote. But i yield to the senator from maine. Ms. Collins madam president. The presiding officer the senator from maine. Ms. Collins thank you, madam president. Madam president , shortly, we will be voting on whether or not to extend the Paycheck Protection Program, which has been hugely successful in helping our Small Businesses keep their employees. In maine, three out of four Small Businesses have received 2. 3 billion in forgivable loans, and most important, these loans have helped to sustain 250,000 jobs in the state of maine and 50 million jobs nationwide. A Bipartisan Group of us, senator rubio, senator cardin, senator shaheen, and i, put this Bipartisan Program together in march. We added funding in april, and we extended it in june until august 6. The pandemic, unfortunately, is still forcing shutdowns and mitigation measures this many months later. Many of the Small Businesses that were sustained by their p. P. P. Loans are still unable to return to normal operations. Without more assistance, without being eligible for a second p. P. P. Loan, many of the hardest hit Small Businesses, including our restaurants, our gift shops, our hotels, our b bs will be forced to close their doors and, worst yet, lay off their workers. That is why it is so important that we reach bipartisan agreement quickly to provide further assistance to Small Business and nonprofits that have been kept alive by their first p. P. P. Loan, that have been able to retain and pay their employees, but now are still struggling to survive due to this persistent pandemic. The amendment that were about to vote on would provide approximately 258 billion in funding to allow eligibility for a second p. P. P. Loan for the hardest hit Small Businesses and nonprofits, while also expanding and improving the program in some commonsense ways this is all about keeping americans employed, madam president. This amendment is endorsed by the nfib, the National Restaurant association, the American Hotel and lodging association, the International Franchise association, hospitality maine, the united press products association, the National Fisheries institute, and the National International Food Service Distributors association. I urge my colleagues to join us in supporting this important step to renew and strengthen the p. P. P. Program to save our Small Businesses and their employees jobs. Thank you, madam president. The presiding officer the majority leader. Mr. Mcconnell i move to proceed to legislative session. The presiding officer the question is on the motion. All in favor say aye. Those opposed, no. The ayes appear to have it. The ayes do have it. The motion is agreed to. Mr. Mcconnell i withdraw the motion to proceed to calendar 554, s. 4675. The presiding officer the senator has that right. The motion is withdrawn. Mr. Mcconnell i move to table amendment 2680 and ask for the yeas and nays. The presiding officer is there a sufficient second . There appears to be. The clerk will call the roll. Vote vote vote the presiding officer are there any senators who wish to vote or to change their vote . If not, on this vote, the yeas are 40, the nays are 57. The motion is not agreed to. Mr. Mcconnell mr. President. The presiding officer the majority leader. Mr. Mcconnell could we have order in the senate. The presiding officer please take your conversations off the floor. The majority leader. Mr. Mcconnell i move to proceed to calendar 554, s. 4675. Mr. Schumer mr. President. The presiding officer the democratic leader. The clerk will report. The clerk the motion to proceed to calendar number 554, s. 4675, a bill to amend the Health Insurance portability and accountability act. Mr. Schumer mr. President. The presiding officer the democratic leader. Mr. Schumer now, mr. President , i want to just take could we have order, please . The presiding officer please take your conversations off the floor. Mr. Schumer i just want to tak, mr. President. I just want to take a moment to explain to the American People whats happening here on the floor of the senate. After putting the senate on pause for over five long months while businesses closed, millions lost their jobs, and hundreds of thousands of americans died, leader mcconnell is now using this week to hold show votes on Coronavirus Relief. The vote we just had was not even a real vote. Leader mcconnell moved to table the bill, then voted against tabling it. It was a stunt, plain and simple. It goes to show how unserious the republican process is here on the floor of the senate. Democrats, by their vote, called it for what it is. The truth is leader mcconnell is doing these stunts on the floor because there is a hardright faction of the Republican Caucus that doesnt want to pass any bill, any other round of relief. The republican leader admitted that as many as 20 republican senators dont want to vote for anything. One republican senator voted to voted not to vote for, quote, another dime. Every time the Republican White House asks republican senators about a larger and needed covid relief package, republican senators say dont do anything, were too divided. As if we needed any more proof this week that the votes this week were not serious, it was just reported in the Washington Post that leader mcconnell warned the white house against making a deal on a covid relief bill before the election. Let me repeat that. According to a report in the Washington Post, the republican leader warned the white house against making a deal on another stimulus bill before the election. Maybe its because he knows his caucus wouldnt support t maybe its because he doesnt want anything to interfere with his true priority rushing a Supreme Court justice onto the bench mere days before a president ial election. Maybe its both. But whatever the reason, its abundantly clear that what the republican leader is offering this week is a stunt designed to look real but designed to fail. He told the white house he doesnt actually want a deal before the election. Now, if my republican colleagues, those of a mind to help the American People, not those who believe weve spent too much already, want to do something real, were going to give them a chance on the floor right now. Ill be making a motion to move the senate into a posture where we could all vote on the heroes act that passed the house. If the Senate Passed it, it would head right to the president s desk. Democrats have already modified the bill to make it more palate to believe our republican colleagues coming down over 1 trillion. So, if youre a republican who wanted to adequately fund our schools, our hospitals, and our medical centers, vote with the democrats on the next motion. If youre a republican who wanted to adequately fund testing and tracing and devote the resources our country needs to prevent a second wave of the virus, you should vote with democrats on the next motion. If you are a he a republican if youre a republican who wanted to assist all Small Businesses, including our hardesthit industries and underserved industries, newspapers and restaurants and minorityownerred businesses and independent music venues and theaters, you can vote with us on the next motion. If you are a republican who wants to employ a lifeline to the unemployed to feed the hungry, to assist renters and homeowners and stave off drastic cuts to state and local services, you should vote with us, with democrats, on the next motion. The country is crying out for real substantial, comprehensive relief. The heroes act provides it. It includes all the necessary and urgent measures that republicans have left out of their proposals. So with my republican so if my republican colleagues are serious, really serious, about providing relief to the American People, they want to allow the senate to consider the heroes act. I move to proceed to calendar number 554, s. 46 no in order to proceed to s. 4800, which is the heroes 2 legislation, i move to table the mcconnell motion to proceed to calendar number 554, s. 4675 and i ask for the yeas and nays. The presiding officer is there a sufficient second . There appears to be. The clerk will call the roll. Vote vote the presiding officer is there anyone in the chamber who wishes to vote or change their vote . Seeing none, the ayes are 45, the nays are 52. The motion is not agreed to. Mr. Mcconnell mr. President. The presiding officer the majority leader. Mr. Mcconnell i move to proceed to executive session to consider calendar 866. The presiding officer the question is on the motion. Is there a sufficient second . Mr. Mcconnell i ask for the yeas and nays. The presiding officer there appears to be. The clerk will call the roll. Vote vote vote the presiding officer are there any senators in the chamber wishing to vote or change their vote . If not, the yeas are 52, the nays a 43, the motion is agreed to. The clerk will report. The clerk no the judiciary. Michael jay newman of owe to be United States district judge for the Southern District of ohio. Mcconnell mr. President . Officer officer the majority leader. Mr. Mcconnell i send send a cloture motion to the desk. The presiding officer the clerk will report. The clerk cloture motion we, the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, do hereby move to bring to a close debate on the nomination of Michael Jay Newman of ohio to be United States district for the Southern District of ohio. Signed by 17 senators as follows mcconnell, grassley, bozeman, graham, crapo, blackburn, scott of south carolina, blunt, rounds, roberts, cornyn, thune, young, alexander, hoeven, tillis , hide smith. The presiding officer the democratic leader. Mr. Schumer madam president , because of this illicit process, this rush to judgment can weve order, please . Because of this illicit process, this rush to judgment, the worst nomination proceeding of the Supreme Court in American History that has so defiled the senate, i move to adjourn and to then convene for pro forma sessions only with no business being conducted at 12 00 noon on the following dates and that following each pro forma session, the Senate Adjourn until the next pro forma session, fright day october 23, tuesday, october 27, friday, october 30, tuesdays, november 3, and fry die, november 6. Further, that if there is any agreement on legislation in relation to the covid pandemic, the senate may convene under the authority of s. Res. 296 of the 108th congress. Finally, that when the Senate Adjourns on friday, november 6, that convene at 4 30 monday, november 9, and that l ting the prayer and pledge, the morning hour be deemed expired, the journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed. The presiding officer that motion would require kent and is not in order. Mr. Schumer i appeal the ruling of the chair and move to table the appeal. The presiding officer question is on the motion to table. Schumer i ask for the yeas and nays. The presiding officer is there a sufficient second . There appears to be. The clerk will call the roll. Vote vote vote the presiding officer on this vote the yeas are 52, the nays are 43 and the motion to table is agreed to. And the decision of the chair stands. The senator from oklahoma. Mr. Inhofe madam president , i ask unanimous consent i be recognized for such time as i shall consume. The presiding officer without objection. Mr. Inhofe madam president , in july, the Senate Passed the fiscal year 2021 National Defense authorization act with 86 senators from both sides of the aisle, voting in support of it. Im glad we had such a strong vote because i believe, and i have always believed its the most important vote in and most important bill that we do all year. The National Defense authorization act, and that stands for National Defense authorization act is how congress provides the policy and resources for our National Defense in the ensuing year and it always passes by a bipartisan bill and it has now for 60 years in a row. Well, not quite 60. 59 years. It will be 60 when this bill is concluded. Theres not much we do around here anymore on a bipartisan basis for this long but the ndaa is special and heres why. Because each and every American Benefits from the bill. Each family, each community in each state, oklahomas no exception to this rule. What makes them special is this. Just as much as this will bill takes care of oklahoma, oklahoma takes care of the country by the very nature of those things, those functions that we perform each year militarily. As chairman of the Senate Armed Services committee, ive already been down here a lot and talking about the ndaa and how this bill protects all americans, how it cares for our military families and how it gives our military the resources needed to defend this nation. Qeetion is good for the soul, and i have to admit as chairman i made certain that the ndaa did the maximum benefit possible for oklahoma so i want to talk a little bit about what the ndaa does for oklahoma and how what we do in oklahoma makes the rest of the country more secure. Because it does. Oklahoma better or more accurately now get ahead of our competitors. Especially china and russia. I think we all understand now china and russia are the greatest threat facing this nation. And we allowed them to i dont say this critically of the previous administration, but during the previous administration, we actually had a lot of our military actually suffered some 25 in terms of appropriations and during the last five years that would have been from fiscal year 2000 to fiscal year 2015. And so we in some areas are not ahead of china and russia. Ive been around for a long time. Im a lot older than some of the other people in here and i remember the administration from world war ii and i always prided that that we had the very best of everything. We learned the hard way in world war ii that that would be necessary. So while oklahoma oklahomans know the importance of these programs that we have in oklahoma not just to our economy but to our National Security, not all americans may know. So here are a few examples. When our planes fly long distances, sometimes they need to refuel of course and this can be in midair. Right now the kc135 has been the refueler of choice now for 60 years. Its done a great job. Its one that is has lasted and has worked hard since 1956. I remember back during the last administration, the obama administration, i was i am a a. Conservative republican. I wasnt fond of the previous administration. But there was one person i really liked and that was deborah lee janes. She was the secretary of the air force in the previous administration. And she and i worked hard together with the idea that were going to have to do something about the kc135. Its been around 60years. So i remember when we were at the air force base, and thats the first kc146 to replace the kc135. And i remember a saying 60 years ago two wonderful things happened. Number one, my wife kay and i got married and number two the first kc135 was delivered to the air force base. And where is the training and the Maintenance Base . Its in oklahoma. Now its time to update that aircraft. The kc46 is the next generation tanker and oklahoma is going to play a key role in this aircraft as well, thanks to the ndaa. All training for this new aircraft is conducted at Altus Air Force base in oklahoma. And all depot maintenance will be performed at Tinker Air Force base in oklahoma city. The same as 135. Maintenance has taken place for the last 60 years. So we will also conduct depot maintenance on the b21 bomber at tinker. The b21, which is still in development phase, is going to be vital to our air force. It will be a Critical Force of our deterrence posture, a Strong Military that lets our enemies know that they cant escape us. This is cuttingedge technology, designed to replace a few types of bomber aircraft that have lived in oklahoma for the past last half a century. So what this the ndaa means is that the air force will be guaranteeing tinkers workload for the next 50 years and beyond. Ive talked a lot on the floor about the ndaa and about a lot of issues, not all just military but primarily. And but ive never really talked much about what we in oklahoma do and the great contribution we make. Thats kind of what im doing now. The third kind of aircraft we have in oklahoma are the planes that help our air force pilots become the best in the world and were talking about our training aircraft. Many of the pilots in our air force conduct their Pilot Training at Vance Air Force base, using aircraft like the t38. The t38, that plane has been around since 1962. Its still being used right now as a trainer. But it is it has outlived its usefulness in terms of training for modern aircraft. We can have all the modern aircraft in the world, but if were training them with vehicles that are 50, 60 years old, it doesnt train them as well as they should be trained. So weve had the t38 around for a long period of time. The t7 is going to be that newest aircraft, and in this years ndaa, thats the National Defense authorization act, in this years ndaa, we ensure we continue to progress on developing this new aircraft. Thats the t7 itll be flying in the skies over oklahoma for at least the next probably six decades. So right here oklahoma is home to aircraft to support three critical prongs of our National Defense making sure that we have the skills and equipment and the reach needed to deter and defeat our adversaries for the foreseeable future. But the air force is not the only service with a large footprint in oklahoma. The army is also a rich part of our military heritage and the oklahoma military installations help support the numberone modernization priority, which is longrange precision fire. Thats the numberone priority of the United States army right now. These are munitions that will be able to reach across hundreds, if not thousands, of miles and accurately strike targets. They can be used on land, they can be used in the skies, used on seas and beyond. Unfortunately, this is an era an area where weve already fallen behind our competitors like china and russia. But oklahoma is going to help us catch up. The palladin integrated system, the pin system is an integrated effort of this and based at fort circumstance at our very own fire center of assemblance and assembled in elgin, oklahoma. This is really important, especially when you know the history. Weve been working to build a modern artillery system for decades. First starting back in 1994 and we were then working on to build the crusader. The crusader was going to be our artillery system. That was going to be the best one around, and we worked and we invested money in it. The crusader was going to set us up above russia and china. This was back in 1994. Weve spent 2 billion on the crusader. And what happened to it . It was nixed prematurely in the 2002, and because it was overbudget and we thought the needs of warfare were changing. I never did believe that. I think that crusader with as a good vehicle. That was what we needed for the next decades to come. But it was gone. And then some of the same mistakes were repeated in the armys future combat system. Now, the future combat system is going the s. C. S. , future combat system. It was cut in 2009. But it wasnt 2 billion we spent on that before we cut it. It was 20 billion. Is he we actually used so we actually used 22 billion for the for a system, artillery system, that we and we still didnt have one. So billions and billions were wasted, and thats how china and russia got ahead of us. But not for long because we are we are catching up. There are more than just d. O. D. Programs based in oklahoma. Our countless Industry Partners work there as well to help us make sure our forces are on the cutting edge of innovation. The x. Q. 58avarqueri does not need a runway to take off. It was accompany the nextgeneration aircraft like the f35 on its mission. So it will perform an escort function. It is one that takes off vertically and its one without a pilot. So this is one of the air forces top priorities. What they call a vanguard program. Its what the future of air superiority looks like. And its assembled in, you guessed it, in oklahoma. Thats just one example of the u. A. E. Macing technologies were thats just one example of the amazing technologies were building. In oklahoma, we work well together across the state military industry, and even educational universities. Down in lawton just outside of fort sill, we have something called fista. Were trying to where we try to get all of these stakeholders together in one building. Its the private sector. I have to say this about the private sector in oklahoma. Weve gone through quite through five different efforts to change our military, and each one of the five, these are called brac grounds, base realignment and closure commission. They meet and they evaluate all of the military installations in a country in america and evaluate which once should be expanded, which ones should be done away with, which should be reduced. In the state of oklahoma, we have five Major Military installations, and were the only state that the has increased with each one of the five brac rounds since 1987. Now, you might say thats political influence. Its not. It is community support. Thats what we have always done. For example, even in our universities, the university of oklahoma is working on research that will accelerate the work of the longrange precisionfired air Missile Defense crossfunction teams at fort sill, top modernization priorities for the army. The fista is just one piece of this research, and innovation done in oklahoma. Its really happening all around the state. Oklahoma State University is also conducting Critical Research on drones, Unmanned Systems where our military has growing needs. Were leaders in oklahoma. This will support operations where traditional methods are not sufficient for takeoffs and landings ensuring our military can penetrate any environment. Weve made sure that we committed funding especially for this kind of research. And oklahoma State University is the perfect candidate because of the successful work theyve already done. Were ahead of owes. In Tulsa University, designated by the National Security agency, as a cyber center of academic exlengths. Excellence. In this year, the n. D. A. That were passing, which is going to be probably in november, the latter part of november, it directed the army corps of engineers to forge a partnership with an Academic Institution like Tulsa University to conduct critical Cyber Research that will support our National Security. T. U. Has a track record of success, and they are certainly a goto for just this type of research, and i anticipate that is exactly whats going to happen. Our universities really are second to none in terms of this research, and their hard work and ingenuity is going to help us catch up to china and russia and ensure our military superiority will be there for years to come. With a massive amount of work lined up for the state of oklahoma, i know our bill had to help communities across the state provide a number of workers needed. One provision we included in ths for the appointment of recently retired members from the Armed Services. Armed Services Members who have retired to assume d. O. D. Positions at certain pay grades without waiting the requisite length of time. This ensures more people are going to stay in oklahoma, that skilled workers wont need to leave the state to find work. These are people who know the programs best, that they spent a career doing, and they are going to be able to continue working on them even after their transition out of active duty. Thats all in this Defense Authorization bill that is under consideration today, that were going to pass. Our work ethic is just one of the trademarks for oklahomans im lucky to represent. Another is what we call the oklahoma standard. Oakians know how important it iw important it is to care for and support each other, especially our military families. Our military families dont have it easy. The nature of the job means frequent moves around the country and around the world. This means that they make a lot of sacrifices. We cant ask military spouses to sacrifice as well. So what we have done actually, we started in last years Defense Authorization bill. We put a program at that time that helps families, spouses and families circumvent some of the timely waits that they have to have when they move into a new occupation. Now we have done the same thing. That was in last years bill. One way we did it was to by extending the d. O. D. Program to reimburse spouses for the costs of new professional licenses and credentials. This year, we improved on that. We made it easier to transfer those licenses across state lines. You couldnt do that until this this until after this bill was passed. We know that when we improve family readiness, we improve overall military readiness. I have to say, you know, you hear people who there are a lot of people around here that dont think we need a strong of a military as we need. And they talk about i hear the statement, i have heard it a hundred times, they say we spend more on our military than china and russia do put together. Well, there is a reason for that. In our military, we look out after the troops, after the individuals. You know about the housing problems that we have had. We have spent a lot of money correcting that problem. And we are doing that at the current time. We have schools for our the kids of our troops, educational facilities, and so thats now, in russia and china, in a communist country, they give them the guns and say go out and shoot people, and thats it. The last thing i want to point out about this years ndaa is also a readiness issue. We made sure this year that we will not have a background a brac. Thats the base realignment and closing commission. Now is not the time to reduce our military footprint any further, not when we face so many threats around the world, not when we have worked so hard with President Trump to rebuild and repair our readiness. Its easy to see how these provisions we fought so hard to include in this bill are going to help oklahomans and really all americans. And thats why i think the ndaa is the most important bill of the year, not only for oklahoma but for the rest of the nation as well. Serving as chairman of the Armed Services committee and representing oklahomans are the two things im most proud of. Im proud that we can do right by our armed forces, and oklahomans with this years ndaa. The next step is making this bill a law. Its going to the next step is going to take place when our colleagues from the house have a conference report. I think most people know in a bill like this, the Senate Passes a bill, then the house passes a bill, then there is a conference report, and they have to get together and have a conference. Its not going to be easy because there are a lot of differences to iron out. For those who want to know when its going to happen, for that conference report, the house is not going to appoint the conferees until november 16. So its going to be a while. It doesnt matter. The deadline is actually december 31. That will happen for 60 years in a row, and its going to continue to happen this time. No matter what, were going to get it done. We have for the last 59 years. Were going to do it again. The i was talking to Tinker Air Force base today, and and they were talking about the things that they are needing, they are needing to do, and Tinker Air Force base, thats turned into probably one of the i believe its the Largest Military complex in the country, and they are doing incredible work there. I was talking to the whole team, and they were talking about the what they are preparing for for the next year, and i can assure you its all going to be good. Were going to oklahoma is going to fair well. Were going going to fare well. We are going to fare well in our equipment and our training. I am proud of oklahomas contribution to the safety of america. We did a good job in oklahoma. With that, i yield the floor. A senator mr. Chairman. The presiding officer the senator from rhode island. Mr. Whitehouse mr. Chairman, i had the chance to here the senators remarks. I speak for i think many of us when i offer my appreciation for his chairmanship of the Armed Services committee and his commitment to our troops, and in my case particularly, the great way he works with my senior senator, jack reed, who is the Ranking Member on that committee to get all this work done. And while he may have bragging rights over air bases in oklahoma, rhode island has bragging rights in submarine construction. And its very important to us, my appreciation to the chairman for all the support for the submarine program that has meant so much to our nations security and to rhode island. Mr. Chairman, im here for a this episode of my time to wake up series, which has an interesting overlay with what is happening in the senate because we are considering the nomination of judge barrett to go onto the Supreme Court. And her nomination completes a series of three nominations to the Supreme Court consecutively, each of which has been distinguished by streal unusual extremely unusual maneuvering and rule breaking within the senate Judiciary Committee to get those nominations pushed through. So we have been looking for some time at what the motivation is behind all of that pressure, what is the explanation for all of those bizarre procedural anomalies that we see over and over and over again, and as i described in the judiciary hearing, what we see is an operation that has brought big, anonymous special interests to the table where justices are selected by virtue of their writing big checks, and the vehicle for this has been the Federalist Society, which has a fine role on College Campuses as a conservative discussion and student group, which has a relatively fine role in washington as a think tank, as fine as think tanks are. It also has the additional role of taking money from big special interests, not disclosing who they are, and giving them a seat at the table when the Federalist Society is selecting justices, and that is wrong. There is just no doubt about that being wrong. And then once the justices are selected, guess what . Ad campaigns get launched in support of them and checks get written as big as 17 million to support the ad campaigns, and again the donors are anonymous. Its very weird. And then finally they get on the court, and these little flotillas of amicae curia come by the dozens. They dont disclose it in their brief, but if you dig back a little bit, you find that many of them have common funding and that the amicus curiae performance before the court is an orchestrated performance, again anonymously funded. So what brings that to today is that senator merkley has led our effort with this report, whats at stake with a captured court for climate and the environment. How captured courts rig the system for corporate polluters. And i want to express my appreciation to senator merkley for his hard work on this report and to his staff for their report. He has been joined by myself, tom udall, senator stabenow, ed markey, dick blumenthal, sherrod brown, brian schatz, and martin heinrich. We are proud of this work. This is one of seven followon reports to our original captured courts report. And one of the things that i pointed out when i was discussing this in the Judiciary Committee that the Washington Post is that the Washington Post investigation into this scheme, which was a fairly robust investigation ive got to give them good marks tallied up the amount of anonymous money that they could connect into this network of groups that are performing this scheme at 250 million. 250 million is a lot of money. A quarter billion dollars. That is a lot of money. And i have had people say no, no, it couldnt possibly be true that they spent 250 million on this effort to capture the courts. Who spends that kind of money . So i want to walk through an example of how this money gets paid back after its spent, and i will use just one example of one case. Lets see if i can do this this way. Back in the obama administration, in order to deal with climbing, with Climate Change, the Environmental Protection agency created a Clean Power Plan to allow different states to set targets for themselves and to try to meet those Emissions Reductions targets. And that was challenged in court, and the case went to the Supreme Court where 54, with what i call the roberts five, no democrat, the republican appointees who are actively engaged in this process, did something very unusual. They granted what is called an interlocutory stay. Interlocutory stays are virtually unheard of. In fact, i believe this was actually the first. So objecting states, primarily states with fossil fuel industries, went to the d. C. Circuit court of appeals, objected to this, and asked for a stay, and the d. C. Circuit said no. You can appeal the rule, but go through the ordinary process. Were not going to stay it. Then they went running up to the Supreme Court where the five republican appointees granted the stay. Again, i dont think that had ever happened before, an interlocutory stay. So lets do a little bit of math about just that one decision, and lets start with the International Monetary fund. Which is not a green organization, by anybodys likes, i dont think, but its pretty good at financial analysis. They have come up with the number that the fossil fuel industry in the United States alone, just in the u. S. , enjoys an annual subsidy of 600 billion. 600 billion, with a b. Thats the i. M. F. Calculation. Its actually a little bit north of that, but i have rounded it to 600 for these purposes. And thats primarily with because the industry gets away with not paying for what economists call its negative externalities. They get to pollute for free. Basically, thats a violation of every rule of market economics. I dont care how conservative the economist is that you go to, the conservative heroes of economics from the Chicago School have said yeah, when its pollution, that should be charged to the polluter, and that should be baked into the price of the product, otherwise the market is failing and you have a subsidy. So a 600 billion subsidy every year. And the Clean Power Plant case was in 2016. It was in february of 2016. Its now october of 2020, so more than four years have passed, but, again, let me just round it down and lets say that its been four years. Four years at 600 billion a year. That is 2. 4 trillion. 2. 4 trillion. So lets assume that the Clean Power Plan, had it been implemented would have reduced the 600 billion annual subsidy. Lets be really, really, really, really conservative and lets assume that the effect the Clean Power Plan would have had on the fossil fuel industry would have been to reduce that by 1 . Just 1 . So over those four years, that 2. 4 trillion, would have been reduced to 1. 100 of that. 1 100 of 2. 4 trillion is 24 billion. Now, i think the Clean Power Plan would have had a lot more of an effect on this calculation as companies had to clean up their act than 1 . But taking a really low number just to make the point. 600 billion is a little bit low, four years is a little bit low, 1 is probably very low, but when you put it together the mathematics gets you to 24 billion that the industry saved by being able to go to this court and have it do the unusual thing, the unprecedented thing of putting a stay on the Environmental Protection agency. So if youre comparing remember where we started on this was how shocking it was that somebody might spend 250 million in dark money to produce a court that would do unprecedented things like stay the regulation . Well, you do 250 million into 24 billion, its 100 to 1 return on your investment. Put in a penny, get back a dollar. Put in a dollar, get back 100. Put in 250 million, get back 24 billion. And thats assuming that this is the only case in which this mattered. And as ive pointed out from this desk over and over again, were now up to 80 cases in which on a 54 basis with a partisan makeup to the 54 and with a big republican donor interest at stake, the court has ruled for the big republican donor interest, 80 times. The score is 800 to be clear. So this is just one of those 80, a big one mind you a big one. These are big bucks that are involved, but just one of those 80. So dont be surprised when the Washington Post reports that big, big, big corporate interests are willing to put 250 million into a scheme to pack the courts with judges who will make the right decision with big corporate interest. Not once, not twice, not ten times, but 80 times. Because just that one decision alone paid back the whole 250,000,000. 99 times more. Thats what were up against and thats why im so determined to get to the bottom of what is going on because everybody going to that Supreme Court has a right to an honest decision. Everybody has a right to a court that is deciding cases on their true merits and not because of a conservative activist behind the Scenes Campaign to remake the nations courts in a way that makes people who give 250 million in dark money the big winners. With that, i will yield the floor. Chairman, does the senate need to be put into a quorum call right now or are we waiting yes to the quorum call call . Mr. Chairman, i note the absence of a quorum. The presiding officer the clerk will call the roll. Quorum call quorum call mr. Casey mr. President . The presiding officer the senator from pennsylvania. Mr. Casey mr. President , id first ask that the quorum call be vitiated. The presiding officer without objection. Mr. Casey thank you, mr. President. I wanted to the start tonight by just making a few remarks regarding whats ahead of us in the next few days, and thats the debate about a Supreme Court justice. I wont be able to cover everything tonight that i want to cover, but ill just make some preliminary comments about health care, which has been the driving debate in this nomination or at least the issue that has dominated the debate so far. We made, in my judgment, great progress in 2010 when the Patient Protection and Affordable Care act was passed ment some refer to that statute as obamacare, which isnt really the name of the statute and doesnt adequately describe what it is about. The Patient Protection part of the act, or the name of the statute, is the part i think that involves most americans, the all the coverage that are provided, all the protections, i should say, that are provided. One example of that, of course, is the protection for a preexisting condition. The state of the law prior to that was if an Insurance Company did not want to cover someone because of a preexisting condition, they had the authority to do that or they could charge that person they could cover the person but charge them more. That is no longer permitted. And in a state like pennsylvania, that number, the number of people that are protected by that provision of the law because they have a preexisting condition, that number is 5. 5 Million People. Nationally, its as high as 135 million. So we know whats at stake in the debate, and it just so happens in this context that its part of the debate about the Supreme Court nominee. Judge barrett. I have a threshold initial concern that even before we get to the debate about the Affordable Care act and what might happen to it by virtue of the lawsuit filed that is now before the court with an argument date of november 10 i think thats the primary reason for the rush of her nomination, so she can be a member of the court for that argument on november 10 to make that decision, which i think is highly likely to be a decision against upholding the constitutionality of the Patient Protection and Affordable Care act. The thres the threshold concern i have, though, is just the way this process has unfolded not only recently but over time. The president when he was a candidate said he would loose from a list that was developed basically by two groups, the Federalist Society and the heritage foundation. They came up with a list, and thats the list he said he would choose from. That list was expanded when he became president. Judge barrett was on that list. Justice kavanaugh and justice gorsuch. You can see the pattern there. I dont want a Supreme Court that is chosen by those two groups, but thats what so far, thats what the president has decided to do. In this case, the the rush is i think for that basic reason, that the Majority Party here and republicans in the house and the republican president want this statute struck down, so they want to have that majority, a 63 majority to do that. But i guess as much as i could talk, as we all do, about some of the policy, and i will, and the numbers, i think the most compelling part of this debate are the stories that come from people across pennsylvania and across the country who have come to us. I met some of these families about ten years ago we were debating the act then. Met them again when we were trying to stop the repeal in 2017 and 2018, and now were getting together again because of this this new and i think mortal threat to the law. I just mention two for tonight. Aaron and shannon. Aaron i know better. I have met her over the years. Erin gabrielle, she has been public about the fight that she is waging on behalf of her three children with disabilities. Colleen, bridget, and abby. I have heard a good bit about each of them and maybe the most about abby. She is from erin is from beaver county, pennsylvania, right on the ohio border just north of pittsburgh, and she is very concerned about what happens to her children because of their disabilities, because, of course, under the old law, the old way of approaching these issues, a child with a disability could be denied coverage because of a preexisting condition. And also the a corresponding or related concern is the threat to medicaid itself especially in budget debates here over time and also Medicaid Expansion. So Erin Gabrielle is one of the people who has made it very clear to us, the adverse impact on the life of her children that could result if the statute is overturned, declared unconstitutional. A second person who who has brought her story to our attention is shannon streiner. Shannon is the mom to two daughters haley and ciena. Haley is actually a second grader now. Ciena is a is a young girl with downs syndrome. Obviously, ciena is a child who needs will need a lot of care, and we have got to make sure that our Health Care System is there to meet the needs of those families. Were going to be talking more about these challenges that these families face, but for the life of me, i will never be able to understand, if i lived a thousand years, i will never be able to understand why we would ever go backwards on health care. Why we would go back to a time when a child or an adult who has a preexisting condition would be denied coverage. Why would we go back and erase by virtue of a judicial in this case what would be a judicial fiat, erase all the progress that has been made because of the Affordable Care act. So many more people with the security of health care. In my home state, its a Million People who gained coverage. The number now nationally is about 23 million. That number keeps going up. Most of them getting their health care through the expansion of medicaid. The number on that keeps growing. Part of the reason its growing is because people lost their insurance as a result of the adverse impact of covid19, people losing their jobs and turning to programs like medicaid for coverage. So that number keeps going up. In the state of pennsylvania, just by by way of example, the latest number is 840,781 pennsylvanians that have benefited from Medicaid Expansion. Thats one of the reasons the benefits of it is one of the reasons why you have states that are not democratically not controlled by democrats that are voting to expand coverage. So that number keeps going up. And i want to make sure that we take every step necessary to protect coverage, not just to uphold a statute and to, frankly, grow the number of people with health care, but that we remember the impact it has on peoples lives and ensure that the people who have gained coverage dont lose it. We have we have a state of as the presiding officer knows, because of his familys roots, we have a state of a lot of a few big cities but mostly its a state of a lot of small towns. We have 48 Rural Counties out of 67. And in those smalltown or rural communities, we have a lot of people who gained coverage because of the expansion of medicaid. As i said, you can see the number, 840,000 out of about one million who gained coverage gained coverage through Medicaid Expansion. Thats a big number. And even in a small county like cameron county, one of our smallest it might be the smallest population county, there is 350 people in that county that got Medicaid Expansion. I want to make sure all 350 or more can benefit from Medicaid Expansion. Big cities like philadelphia have bigger numbers, obviously. When i rook at my look at my home county, lackawanna county, and look at the next county next to it, the largest population county in the region, luzerne county, these are huge numbers of people that have gained coverage on Medicaid Expansion. In lackawanna, its more than 17,180 people. More than 26,000 people in luzerne county. Thats not accounting for the folks who got coverage because of the exchanges that were set up, so the balance of those folks in pennsylvania who got coverage between 840 and a million got their coverage because of the exchanges that were set up by the Affordable Care act. One last point before i move to a second topic, mr. President , heres some of the benefits of Medicaid Expansion that dont get a lot of attention but should that warrant attention. Just give you one example in one year from one state. 2019, pennsylvania, over 135,000 people were able to receive treatment for Substance Use disorder because they were covered through Medicaid Expansion. Now, most people may not think of that longer category or that long phrase Substance Use disorder. The sub category to that and one of the largest parts of that challenge for many families, many communities is the Opioid Crisis. So that means tens of thousands of pennsylvanians were getting covered by Medicaid Expansion and treatment therefrom just at the time the Opioid Crisis was on the rise and just devastatind devastation to so many families, so many communities. So thats one benefit to the program that doesnt get a lot of attention. We know that on the larger question of the Affordable Care act itself, beyond Medicaid Expansion and the exchanges, is the socalled Prescription Drug doughnut hole, that coverage gap where the older the older pennsylvania at some point in their the availability of Prescription Medications has to pay for a while before they get into a catastrophic category where the federal government, the medicare program, can pick up costs. But in that coverage gap and doughnut hole is a very benign way of describing these very burdensome problem for a lot of seniors. If that were to go away, if the Affordable Care act were declared unconstitutional and that doughnut hole coverage or the filling of the gap, so to speak, were not there, next year or the year after or five years or ten years from now, that could adversely impact hundreds of thousands in pennsylvania. By one estimate, more than 293,000 people on medicare would be forced to pay more for their Prescription Drugs. So thats a lot on the line when it comes to the Affordable Care act, and thats why not only is this nomination of great of such great consequence for one big issue, i think the Affordable Care act Supreme Court decision will be the most significant decision that this court will decide maybe for 25 years, because of the scope of the impact. Even someone who is not threatened by the directly by the loss of coverage or the last of a protection for preexisting condition, even someone who can buy because of their wealth or their circumstances, that person will also be affected because premiums will likely skyrocket. So there is very few, if any, americans not affected by this lawsuit that will utterly destroy the Affordable Care act. Mr. President , i would at this point ask consent to move to a second topic and have these remarks placed in a different part of the record. The presiding officer without objection. Mr. Casey thank you, mr. President. I just want to move to another urgent issue, and this arose again just the other night. This is a matter of significant Foreign Policy that i know members on both sides are concerned about. President trumps continued affinity for Vladimir Putin. Most recently evidenced by his silence regarding the recent poisoning of russian Opposition Leader alexei in a value any who gave navalny who gave an interviewed on 60 minutes that aired just two nights ago, this past sunday. Navalny was poisoned by a highly liter chemical weapon nerve agent in august of this year and is currently recovering in berlin under close security protection. In the interview on 60 minutes, navalny directly alleged that Vladimir Putin was behind the poisoning. Im quoting him now. I dont think when asked a question about do you think Vladimir Putin was responsible, navalny said, quote, i dont think. Im sure he is responsible, unquote. While german chancellor Angela Merkel and french president macron have called for answers from putin and led the European Union in imposing sanctions on russian officials over the use of chesapeake in violation of international law, President Trumps silence is, to use an old expression, deafening. In the 60 minutes interview, mr. Navalny goes on to describe that nerve agent novachuk is impossible to acquire. Only someone in putins position would be able to deploy it. And as the world knows, mr. Putin is not afraid to go after opponents like navalny who continue to reveal the corruption and authoritarianism of his regime, despite the growing consensus that putin himself may have directed the attack, the attack our president has refused to even query, even ask questions whether there was malicious intent involved. Vladimir putin, as we know, is a proven enemy of democracy and will go to any lengths to underline democracy activists in his own country and i should say in other countries. When a president of the United States speaks out, the world listens, and in this case, this case of attempted murder, the silence of President Trump is insulting to our values as americans. Hes signaling to autocratic leaders all over the world that its okay to take direct action against their opposition through violence and intimidation. Hes signaling to the world that the United States is not committed, not committed to protecting and promoting democracy. President trumps silence on Alexei Navalnys poisoning is not the only instance of absolute deference to Vladimir Putin. Throughout his presidency, President Trump has continuously made decisions that benefit putins agenda. In so doing, President Trump also acts to undermine u. S. Influence and even to undermine our National Security. The United States senate is part of a coequal branch of government and must recognize this threat and act as a body to ensure our institutions at home and our interests abroad are protected. These last four years, the senate has not lived up to this solemn responsibility. Heres a list, some may argue a short list, of how the president has enabled and empowered putin in his efforts to undermine our democracy and our National Security. Number one, vowing to pursue closer ties with russians first policy speech as a president ial candidate at the center for National Interest in april of 2016, thencandidate trump said, and i quote, we desire to live peacefully and in friendship with russia, end quote. Openly and repeatedly questioning u. S. Intelligence Community Findings that russia interfered in the 2016 election. Siding with putin with putin at the 2018 helsinki summit against the u. S. Intelligence Community Findings about the 2016 election interference at the Infamous Press conference, President Trump said that he doesnt, quote, see any reason why, unquote, russia would be responsible and that, quote, president putin was extremely strong and powerful in his denial today, unquote. So said the president of the United States of america. Totally undermining our Intelligence Community in just a few remarks. In my judgment this was one of the worst moments in the history of the United States presidency, a dangerous statement by the president that undermine and still undermines our National Security. Another example, attempting to impeach special counsel muellers ties to russia and russian interference in the 2016 election. Special counsel muellers report documents, ten episodes in which the president interfered with the investigation, including when he asked don mcgahn to fire mueller in june of 2017. In my opinion, a clear case among several such instances of obstruction of justice. Next, deploying attorney general bill barr around the world chasing conspiracy theories investigating President Trumps complaints about the origin of the governments investigation into russias election interference. Intimidating ukraines president to investigate former Vice President biden and his son and threatening to cut u. S. Security assistance to ukraine if they didnt cooperate. This, as we all know, originated in a white house whistleblower complaint that led to the president s impeachment. The president s conduct distracted from actual engagement and support to ukraine as it continues to grapple with russian aggression. Next, making continued attacks against and undermining nato, more recently his sudden decision to withdraw 10,000 troops from germany. Withdrawing troops from syria, clearing the way for russia to become the sole power broker in syria through enhanced cooperation with turkey, as evidenced by the purchase of the s. 400 missile system. Russian troops deployed troops to syria the same week the United States withdrew indicates the benefit to russia. Next, failing to act on intelligence that the russian government offered to pay taliban and Hakani Network militants to target american troops in afghanistan, as reported by the New York Times in june of this year. In fact, President Trump suggested this intelligence was, quote, a hoax, unquote, in a july 1 tweet. It was not a hoax. We know it happened. Withdrawing from the open skies treaty, which gives us critical access to and intelligence into Russian Military activities. As i noted earlier, continuing to be silent, totally silent, about the recent poisoning of russian opposition politician alexi navalny. He has stated that putin was behind the attack and President Trump stands apart, far apart from western leaders and his lack of condemnation of the attack. Next, refusing to approve a clean, fiveyear extension of the start treaty and thereby clearing the path for russia to expand its Nuclear Arsenal unchecked. Finally and most recently, this statement may sums up all of it, the president said on sunday, may 20, that i like putin, he likes me. Unquote. This list should concern every member of the United States senate and i know it concerns a lot of them a lot of the members here, but we have to do more. President trump has never said a critical word about Vladimir Putin, yet, President Trump has publicly insulted, denigrated and smeared the United States Intelligence Community, members of congress and even veterans. His tweets disparaging americans count in the hundreds hundreds of tweets regarding americans, but he has never said a word, not a single word critical of Vladimir Putin. Ill focus on one of the big issues and then conclude, mr. President. In june of this year, the New York Times reported on intelligence that the russian government offered to pay taliban and akani network militants to target u. S. Troops in afghanistan. The president s silence and refusal to raise this with putin in his many oneonone conversations with him is alarming and this failure undermines our National Security. One incident that may have been a bounty attack was in april 2018 bombing that killed three marines, one of whom was a pennsylvanian. We know as of the most recent numbers, 294 Service Members from pennsylvania were killed in the wars in afganistan and iraq. The third highest toll of any state. Any possibility any possibility that russia is playing a hand in killing american and pennsylvania soldiers must be thoroughly investigated. President trumps silence indicates not only that he doesnt care about russian threats to National Security, but apparently he doesnt care that american lives might be at risk because of russian aggression. To date, the majority in the senate has not taken appropriate action to hold this president accountable for his failure to act or investigate these serious allegations. Despite these recent failures abroad, one of the Biggest Challenges we all face right now is the pressing threat to our democracy right now. As americans across the nation are currently casting their ballots by way of voting in person early or voting by mail for the next president of the United States, were seeing increasing reports of russian efforts to interfere in our election. The c. I. A. Has concluded that Vladimir Putin is likely directly involved in russian efforts to promote disinformation so discord and carry out cyberattacks on the United States. I cite for this the New York Times, september it 2, 22, 2020. Former director of national intelligence, dan coates, a former republican senator here from indiana, on two different occasions served his state twice in that capacity. Dan coates wroi in an oped said, quote, if we fail to take every conceivable effort to ensure the integrity of our election, the winners will not be donald trump or joe biden, republicans or democrats, the own winners will be Vladimir Putin, xi jinping, and the leader of iran. Despite clear evidence President Trump continues to deny russian misconduct and he continues to contradict our Intelligence Community. Mr. President , we should ask, what is the obligation of the senate . I spent four years, as many people have, urging the president from afar at least to actively demonstrate to us that his love of country outweighs his affinity for putin. At this point in time i dont expect his behavior to change. But it is incumbent incumbent upon the United States senate as part of a coequal part of government to call out the president to hold him accountable when he engages in these kinds of actions, or inactions as the case may be. The senate has taken some actions. This body has passed a number of substantive sanctions accounting the american through the casa act against russia for its aggression in ukraine and interference in the 2016 election. That was the right thing to do and an appropriate thing to do. The Senate Intelligence committee and other committees of jurisdiction have done important work in documenting russias interference in the 2016 election. But this is not enough. The work cannot stop there. Russia has continued will continue and will continue to succeed in undermining our National Security if we allow them. The silence of Senate Republicans on this issue of the president s total deference to putin has become, in my judgment, complicity. Those who fail to stand up and loudly, loudly express their alarm are as it i hadly tacitly showing their approval. The failure to take action is also its own danger to our democracy. Instead of prioritizing the unprecedented Public Health and economic crisis thats in front of us, some republicanled committees, not all, but some republicanled committees are prioritizing a partisan political investigation, the basis for which stems directly from a known russian disinformation campaign. In the face of intelligence reports showing that the russians are once again seeking to influence this election, Senate Republicans have refused to pass a single piece of substantive Election Security legislation. Theres still time. Ill give you one example or one suggestion to the majority, the safe act which would require paper ballots, which would offer 775 million in grants to help states secure their voting systems pass the passed the house 450 days ago, but majority leader mcconnell would rather let this bill gather dust on his desk than take meaningful action to protect our democracy, to protect our election. The unwillingness to protect our election from foreign interference is a dereliction of duty by the majority. Mr. President , finally, in conclusion, i call on my colleagues to answer the call of duty to protect our election, protect our democracy and protect our National Security against maligned and persistent russian influence and interference orchestrated by the man that President Trump has never criticized. Thank you, mr. President. And i would yield the floor. Mr. Rounds mr. President . The presiding officer the senator from south dakota. Mr. Rounds i move to recess. The presiding officer question is on the motion. All in favor say aye. All opposed, say nay. The ayes have t the ayes do have t the motion is agreed to. The Senate Stands in recess until noon tomorrow. The senate has been working on a judicial nomination for the ohio. Their talk about republican proposals for the Coronavirus Relief, including a standalone bill for more funding of the Paycheck Protection Program to keep Small Business is open. Senators held a series of procedural votes on the gop proposals meanwhile negotiations continue for the white house and House Speaker Speaker Nancy Pelosi on a Pandemic Response plan. We will have live coverage when the senators return here on cspan2. With the Senate Confirmation hearings for judge amy county baruch concluded, watch the next steps in the confirmation process. The arctic theres a come live at 9 00 a. M. Eastern, the senate Judiciary Committee both on judge barretts nomination than friday on cspan2, the full Senate Begins debate on amy Coney Barrett confirmation. Watch live on cspan and cspan2, stream or on demand at cspan. Org or listen live on the cspan radio app. A discussion on digital medias impact on politics and how Fact Checking plays an Important Role in todays political climate. From George Washington university, this is an hour. Good morning everyone pray thank you for joining us for digital citizenship and a pandemic