September 29, 2020 - Issue: Vol. 166, No. 169 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[Pages S5918-S5923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            SENATOR KAY HAGAN AIRPORT TRAFFIC CONTROL TOWER

  Mr. BURR. Mr. President, I now would like to talk about a special 
project in North Carolina which involves my former partner from North 
Carolina, Senator Kay Hagan.
  We are currently in the process of building a brand-new FAA tower at 
the Piedmont Triad International Airport in Greensboro, NC. The bill 
before us

[[Page S5919]]

would name the currently under-construction air traffic tower after 
Senator Kay Hagan.
  The late Senator Hagan worked tirelessly to secure the funding for 
the new tower, and it will serve as a fitting tribute to her legacy as 
a Senator and her work on behalf of the citizens of North Carolina.
  Once completed in 2022, the 180-foot tower will not only provide a 
state-of-the-art traffic facility for PTI Airport but also serve other 
general aviation airports in a rather large geographic region. In one 
of her last public appearances, in June of 2019, Senator Hagan was able 
to participate in the groundbreaking ceremony of that FAA tower.
  This bill has bipartisan support in the Senate, including Senators 
Klobuchar, Warner, and Tillis. A companion bill has also been 
introduced in the House by Representative Budd with a majority of the 
delegation supporting, including Representatives Price, Butterfield, 
and Adams.
  This is a testament to Senator Hagan and shows how we can continue to 
work together to not only achieve great things for our constituents but 
also recognize the achievements of public servants like Kay Hagan.
  Madam President, I ask unanimous consent that the Senate proceed to 
the immediate consideration of S. 4762, introduced earlier today.
  The PRESIDING OFFICER (Mrs. Blackburn). The clerk will report the 
bill by title.
  The bill clerk read as follows:

       A bill (S. 4762) to designate the airport traffic control 
     tower located at Piedmont Triad International Airport in 
     North Carolina, as the ``Senator Kay Hagan Airport Traffic 
     Control Tower''.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BURR. Madam President, I ask unanimous consent that the bill be 
considered read a third time and passed and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 4762) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows

                                S. 4762

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DESIGNATION.

       The airport traffic control tower located at Piedmont Triad 
     International Airport in Greensboro, North Carolina, and any 
     successor airport traffic control tower at that location, 
     shall be known and designated as the ``Senator Kay Hagan 
     Airport Traffic Control Tower''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the airport traffic 
     control tower referred to in section 1 shall be deemed to be 
     a reference to the ``Senator Kay Hagan Airport Traffic 
     Control Tower''.


                         Senate Bipartisanship

  Mr. BURR. Madam President, that is all the unanimous consent requests 
I have today, but since the floor is vacant, let me take this 
opportunity to say that the American people have just seen that the 
Senate can function, the Senate can pass legislation, the Senate can 
find legislation that both sides agree on.
  Yes, we, quite frankly, have issues on which we disagree, but why not 
spend the balance of this week, the balance of this year, focused on 
the things that we can find agreement on and come to this floor and 
debate them and pass them. There are many more things that we agree 
upon, on both sides of the aisle, than we disagree upon.
  There are some hot-button issues that we will probably never find 
unanimity on, but there are many, many things that affect thousands, if 
not millions, of people's lives in this country that we can do by 
simple unanimous consent. It just takes a willingness of 100 members of 
the U.S. Senate to agree to take it up.
  So I urge my colleagues on both sides of the aisle: Don't be the one 
or don't be part of the contingent that objects to something. If it is 
in the best interest of this institution, of this country, of the 
American people, let it come up. Let it have a debate, and let it have 
a vote--hopefully, a unanimous consent request like we have just seen.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. SHAHEEN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Census Bureau

  Mrs. SHAHEEN. Madam President, there is a lot going on in America 
right now. We are in the middle of a pandemic where we have lost over 
200,000 people. We have millions who are unemployed. We are only 34 
days away from a Presidential election. It is easy to see that a lot of 
Americans could have missed the fact that we are also in the middle of 
a decennial census.
  Under article I, section 2 of the Constitution, since 1790, the 
United States has conducted a census every 10 years. The U.S. Census 
Bureau is currently executing the 2020 decennial census. As we speak, 
census workers are conducting interviews and filling out survey forms 
in every community in our country despite the tremendous obstacles that 
have been posed by COVID-19. Their work is of utmost importance. I want 
to take this opportunity to thank them for their very challenging 
efforts.
  The 2020 census will dictate apportionment of the House of 
Representatives for the next decade. In addition, Federal programs rely 
on census data to distribute more than $1.5 trillion in funding every 
year to States, localities, individuals, and businesses. So the stakes 
are high for the census, and we have only one chance to get it right--
one chance every 10 years.
  As the vice chair of the Senate Commerce, Justice, Science, and 
Related Agencies Appropriations Subcommittee, I have worked with 
Members on both sides of the aisle to ensure that the Census Bureau has 
the resources it needs to ensure a complete and accurate 2020 census. 
This includes securing, for the past several fiscal years, the entire 
amount that was requested by the administration, including reserve 
funding, which has been critical to meet the challenges of the COVID-19 
pandemic.
  However, in addition to funding, the Census needs sufficient time to 
get the job done right. To protect public health, on April 13, 2020, 
Census Director Steven Dillingham and Commerce Secretary Wilbur Ross 
announced that the Census Bureau would delay field operations by 3 
months and they asked Congress to delay reporting apportionment and 
redistricting counts by 4 months in order to ``ensure the completeness 
and accuracy of the 2020 Census.'' That was Census Director Dillingham 
and Commerce Secretary Ross. Under this revised plan, the largest and 
most important field data collection operation to follow up with 
households that have been nonresponsive would run until October 31. On 
a bipartisan basis, this request from the administration was welcomed. 
We want to give the Census both the time and the resources that it 
needs to do the job right.
  Over the course of the summer, the Trump administration installed new 
political appointees at the Census, and a number of reports indicated 
that the Trump administration was looking to rush the 2020 decennial 
census operations so that Secretary Ross--despite what he said to us 
last spring--could transmit the apportionment counts to the President 
by December 31, 2020.
  Then, on August 3--just last month, August 3--Census Director 
Dillingham announced that 2020 field data collection and self-response 
operations would be shortened by a month, ending today, September 30. 
This decision to curtail operations was not based on the advice of 
career Census Bureau experts. Census data collection operations are 
incredibly complicated even under the best of conditions, but their 
complexity is greatly exacerbated by the COVID-19 pandemic. In fact, 
this spring, experts made clear that a 4-month delay of statutory 
deadlines was necessary.
  In May, Tim Olson, Director for Field Operations for the 2020 
decennial census, stated:

       We have passed the point where we could even meet the 
     current legislative requirement of December 31. We can't do 
     that anymore.

  That was back in May.
  After the truncated data collection operations were announced, a 
career official stated:

       It's going to be impossible to complete the count in time. 
     I'm very fearful we're going to have a massive undercount.


[[Page S5920]]


  I share this fear. I am deeply concerned that cutting short data 
collection and processing operations during a global pandemic will 
necessitate changes that will be detrimental to the accuracy and 
completeness of the 2020 decennial census. In particular, I am 
concerned that the Census Bureau will reduce the number of attempts to 
count households and significantly increase the use of less accurate 
data collection methods. This could lead to a substantial undercount in 
historically hard-to-count areas. Those areas include Native American, 
rural, and immigrant communities. An undercount would mean that these 
communities would be left disenfranchised, without proper political 
representation and without millions of dollars of Federal funding.
  We should be clear about the gravity of this outcome. This would be a 
constitutional crisis that further undermines faith in our governing 
institutions.
  I called for the Department of Commerce inspector general to 
investigate why the Trump administration suddenly curtailed data 
collection operations. I have also requested that the Government 
Accountability Office conduct an investigation into how this rushed 
timeline could affect data quality and the overall completeness of the 
census count.
  Last week, the Commerce inspector general released a preliminary 
report, finding what we already knew: that the decision to accelerate 
the 2020 census schedule was not made by the experts at the Census 
Bureau and that rushed schedule increases the risk to the accuracy of 
the 2020 census.
  In particular, the report raises that the curtailed timeline does not 
provide schedule flexibility in the case of natural disasters. 
Unfortunately, over the last month, we have seen record wildfires out 
West and several hurricanes in the gulf. This has delayed operations in 
those regions.
  The GAO came to a similar conclusion, publishing a report last month 
that found that cutting the timeframe for the 2020 census could 
increase the risk of an inaccurate count. One line from the inspector 
general's report really stuck with me. It said:

       A statutory extension would permit the Bureau to adhere, as 
     closely as practicable, to the 2020 Census plan it developed 
     over a decade instead of the replan it developed over a 
     weekend.

  I hope my colleagues will review these reports. I know everybody is 
anxious to go home. I am anxious to go home. But I hope people will 
review these reports and join me in providing the Census Bureau the 
time the agency needs.
  This last-minute attempt to shorten data collection and data 
processing isn't surprising, sadly. The Trump administration has made 
other attempts to manipulate the count for political gain. It has been 
well documented that political operatives have pushed the 
administration and Secretary of Commerce Wilbur Ross to include a 
citizenship question as part of the 2020 census and in an attempt to 
reduce participation in immigrant communities. Ultimately, Secretary 
Ross's attempt to include a citizenship question was rejected by the 
Supreme Court.
  We can't let these latest attempts to undermine the accuracy of the 
constitutionally mandated count succeed.
  Last week, a Federal court issued an injunction preventing the Census 
Bureau from ramping down operations prematurely because there would be 
irreparable harm to communities from rushing the count. However, this 
could just be temporary. In defying the court, earlier this week, the 
Census Bureau announced a mere 5-day delay so that operations will now 
end on October 5. This is not long enough. The Census Bureau has also 
announced plans to appeal the court's injunction.
  This is not solely a rural or an urban issue, a red State or a blue 
State problem. I hope my colleagues will listen to this because the 
States with the lowest percentage of households counted are Alabama, 
Louisiana, Montana, South Carolina, Mississippi--Senator Wicker--and 
Georgia. Some of these States are on the bubble of gaining or losing 
Representatives, so an undercount, which is a real risk if operations 
are rushed and shut down prematurely, would have serious repercussions.
  That is why I call on my colleagues to pass a 4-month extension of 
the Census's statutory deadlines so that the Trump administration is 
compelled to stick to the timeline it had originally announced. 
Congress already missed an opportunity to address this issue as part of 
the continuing resolution.
  Again, there is bipartisan support for this extension, with a 
bipartisan bill filed. In addition, last month, a bipartisan group of 
48 Senators sent a letter to Senate and House leadership that called 
for the inclusion of legislation to extend the statutory deadlines as 
part of the next coronavirus relief package, as the House has done in 
the updated Heroes Act that was released recently. We should also 
ensure that the data collection operations, including nonresponse 
followup and self-response, continue through October 31.
  It is imperative for the census to count every person in the United 
States and where one lives. This includes communities that have had 
historically low participation in decennial censuses. The census is too 
important to allow meddling for political gain. We must take action 
immediately to ensure that the Census Bureau takes the time to get it 
right.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. DAINES. Madam President, I ask unanimous consent that I be 
permitted to use props during my speech.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                              Clean Water

  Mr. DAINES. Madam President, water is the most basic element of human 
life. In Montana, we depend on a steady supply of water to drink, to 
irrigate our crops, to water our livestock, and to provide energy 
through hydropower. Water is a precious resource, but there are still 
rural communities in Montana that face challenges to access and that 
are in dire need of Federal assistance. The health and economic risks 
associated with the lack of reliable water have increased because of 
the current pandemic.
  I stand here today to highlight three bills that would ensure rural 
Montana communities have access to water.
  S. 1882 would allow the 130 family farms in the Kinsey Irrigation 
Company and Sidney Water Users Irrigation District to continue the use 
of Pick-Sloan power, which they have reasonably relied on for more than 
74 years. Thankfully, this bill has been passed out of the U.S. Senate 
and now awaits House consideration. I thank both Senate and House 
leadership for getting this bill to the finish line, and I urge my 
colleagues in the House to pass it.
  Another Montana water priority is the bipartisan St. Mary's 
Reinvestment Act, which supports the St. Mary and Milk River Project by 
allowing the reconstruction and restoration of the over 100-year-old 
infrastructure. I am proud to be working with the entire Montana 
delegation on this important bill that supplies over 18,000 water users 
and municipalities along the Hi-Line, including the Blackfeet 
Reservation and Fort Belknap.
  The catastrophic failure of a drop structure this past summer is 
proof that Congress must pass this bipartisan legislation. I spent time 
out there in July and saw firsthand the catastrophic failure of that 
drop and why it is so important to get this legislation passed. This 
bill is critical for Montana's families and Montana's farmers and 
ranchers along the Hi-Line.
  I would also like to highlight my bipartisan bill, the Clean Water 
for Rural Communities Act. It is hard to believe that there are 
approximately 40,000 Americans across 12 counties in both Montana and 
North Dakota who currently do not have access to water that is safe to 
drink. In fact, I have brought with me today some examples of the 
drinking water that Montanans in the central and eastern parts of our 
State have shared with me.
  Here is a sample that literally came from the tap of the Arnesons. It 
is hard to believe we are in 2020 and that a Montanan can open up a tap 
and see water like this.
  This example came from the Good family. Again, it is yellow water, 
and this is black water. This is water that has literally come from the 
taps of Montanans who live in the eastern part of our State.
  You see, iron content in these impacted areas is nearly five times 
the

[[Page S5921]]

Safe Drinking Water Act's standard, and nearly all residents must rely 
on bottled water. This water is so contaminated that it is corrosive to 
appliances, which requires residents to operate water softeners to 
avoid damage.
  My bill would allow two regional, rural water systems to be rebuilt 
in order to provide Montanans access to reliable, safe water in central 
and eastern Montana. I don't think that is asking for too much. All we 
are asking for is reliable and safe water for thousands of Montanans. 
Both of these rural drinking water projects have been working with the 
Bureau of Reclamation for over 15 years to gain Federal authorization, 
and they can't wait any longer.
  I rise on behalf of the 40,000 Montanans who lack access to clean 
water, and I urge the swift passage of the Clean Water for Rural 
Communities Act as well as the St. Mary's Reinvestment Act
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi.


                               Greg Kelly

  Mr. WICKER. Madam President, I have a serious matter to discuss with 
the Senators about the U.S. relationship with our ally Japan.
  Japan has been a valued American partner in the Pacific. It is our 
fourth largest trading partner and a close military ally. Our nations 
are better off because of the alliance between Japan and the United 
States, and I hope it grows stronger in the days ahead.
  I regret that today I must be sharply critical of the Japanese 
Government. I rise to express concern over Japan's unjust treatment of 
an American citizen, Greg Kelly. It is a concern that raises questions 
about whether Americans can be comfortable about Japan's adherence to 
the basic rule of law. Mr. Kelly has become the latest victim of 
Japan's criminal justice system. Some have called it a hostage justice 
system. Even some leaders in Japan have called it a hostage justice 
system, because it is. It is unfair, harsh, and arbitrary. Japanese 
prosecutors have an alarming conviction rate of 99 percent, which is 
clearly designed to produce guilty verdicts.
  Greg Kelly is a Tennessee resident who joined Nissan in 1988 and 
became a respected employee. He rose steadily within the company and in 
June of 2012 became the first American to join Nissan's board. Yet, 
shortly before Thanksgiving of 2018, his 30-year career at Nissan came 
to a crashing halt--a troubling halt to his career and to fundamental 
fairness.
  A company executive lured him to Tokyo for what was supposed to be an 
urgent business meeting. Mr. Kelly was 2 weeks away from having badly 
needed neck surgery and was hesitant to travel internationally, but the 
Nissan executive assured him he would be home within a week, so Mr. 
Kelly boarded a Nissan corporate jet to Tokyo. In fact, Greg Kelly had 
been lied to and was walking into a trap that had been designed by 
Nissan executives and Japanese authorities.
  According to emails obtained by Bloomberg News, that Nissan executive 
was working in collusion with Japanese prosecutors to disrupt a merger 
between Nissan and the French auto company, Renault. Greg Kelly was 
involved in negotiating that merger. Their plan required framing him 
for bogus financial crimes and throwing him under the bus.
  While he was en route to Tokyo, Nissan executives launched a 
``boardroom coup'' to strip Mr. Kelly of his position. Government 
prosecutors seized his boss, Carlos Ghosn, chairman of the board of 
Nissan, for allegedly underreporting his income--another bogus charge.
  Hours later, upon his arrival at the airport, Mr. Kelly was arrested 
on these trumped-up charges. Mr. Kelly was treated with cruelty by 
Japanese authorities from day one. He was kept in solitary confinement 
for 34 days. This American citizen, this resident of the State of 
Tennessee, was kept in solitary confinement, where he slept on the 
floor in the dead of winter and had no heat. He was interrogated daily, 
for several hours at a time, without having the presence of a defense 
counsel--a basic legal right.
  This is the treatment given to our American citizen by Japanese 
authorities. His requests for medical attention were refused. When they 
did eventually allow him to get surgery, it was too late to do much 
good, and, predictably, Greg Kelly's physical condition got worse. 
Thankfully, Mr. Kelly was eventually allowed to live in a Tokyo 
apartment while he awaited trial. His trial began only this month--more 
than 650 days after his arrest.
  With regard to former CEO Carlos Ghosn, in a celebrated escapade, Mr. 
Ghosn was able to escape from Japan to his native Lebanon after being 
released on bail, but Greg Kelly remains in Japan to this day and 
vehemently denies the charges against him.
  It is noteworthy that the CEO of Nissan, Hiroto Saikawa, was involved 
in the same negotiations as Mr. Kelly. In other words, if Mr. Kelly is 
guilty of a financial crime, so is Mr. Saikawa. Yet, instead of being 
arrested, he was allowed to simply resign.
  Japanese leaders may deny it, but it looks an awful lot like there is 
a double standard in Japan's justice system--a lenient standard for 
native Japanese and a much harder one for Americans. This double 
standard is not lost on American businesses, and it is not lost on this 
Senator. Japan should worry about the consequences of its behavior. A 
perceived legal bias could put a seriously chilling effect on our 
economic relationship as more Americans think twice about doing 
business in Japan or doing business with Japan.
  Mr. Kelly's treatment in the Japanese courtroom has been no less 
appalling. The trial began a few days ago, and the court allowed 
prosecutors to give a 6-hour presentation at the opening of the trial, 
with there being no simultaneous English translation.
  They denied the same right to Mr. Kelly. He has yet to make his 
opening statement. Instead of letting Mr. Kelly speak in his own 
defense, the court then recessed for 2 weeks.
  The proceedings have been incredibly slow and will continue to be 
incredibly slow. The trial is expected to last more than a year because 
Japanese rules allow the prosecutors to meet at the trial for only 6 
days per month and also because the court refused to allow simultaneous 
English translation at the trial.
  This is a stark reminder of how fortunate we are in this country, 
under our Constitution, which guarantees the right to a speedy trial.
  I have zero confidence that the Japanese criminal justice system will 
give Mr. Kelly a fair trial. The fix was in for him from the beginning. 
His being lured to Japan, his wrongful arrest, his deplorable treatment 
in solitary confinement and in court are a scandal worthy of Vladimir 
Putin, not our allies in Japan. It should be an embarrassment for any 
modern democracy.
  This is a matter that should have been resolved in the board room and 
by shareholders. This needless ordeal sends an unmistakable message to 
the American business community: If you do business in Japan, you had 
better watch your back. When it suits Japanese interests, they could 
set a trap for you, throw you under the bus, put you in prison, deprive 
you of your rights to counsel and your rights to return home, and waste 
years of your life needlessly. That is the message it sends to the 
American business community.
  This is a shameful story for an ally of the United States, and it 
looms as an ominous shadow over the coming Tokyo Olympic Games, the 
recently completed U.S.-Japan agreement, and future trade negotiations.
  Our two nations have shared in prosperity for decades because of 
mutual respect and mutual cooperation. I hope our Japanese friends will 
show a renewed interest in preserving that relationship, which has been 
harmed by the Greg Kelly fiasco.
  The newly installed Prime Minister of Japan, Prime Minister Suga, 
needs to intervene in this matter. Japan needs to right this wrong and 
end this highly visible stain on its international reputation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont


                               H.R. 8337

  Mr. LEAHY. Madam President, today, we in the Senate will vote on a 
continuing resolution to keep the government funded through December 
11, 2020. It is the last day we can do that.
  I strongly urge all Members to vote aye. The last thing our country 
needs

[[Page S5922]]

is a government shutdown in the middle of a global pandemic and an 
unprecedented economic crisis.
  Now, the bill we are considering passed the House by a wide margin to 
show they were doing their job--sometimes a rarity in Washington. It 
provides funding for the government through December 11 at fiscal year 
2020 funding levels and under the same terms and conditions contained 
in the fiscal year 2020 appropriations bills.
  It also includes several authorization matters to extend programs 
that otherwise would expire, including important health and 
transportation and veterans programs.
  Now, I am pleased the bill includes the emergency USCIS Stopgap 
Stabilization Act. This will help prevent furloughs of Federal 
employees at the U.S. Citizenship and Immigration Services, many of 
whom work in my home State of Vermont.
  Now, these are dedicated Federal employees. They perform critical 
work, helping immigrants apply for citizenship and visas and asylum, 
and they have come to work every single day living under the threat of 
furloughs for months now, in the middle of a global pandemic, and all 
the while continuing their important work.
  While I believe more fiscal year reforms and stronger oversight are 
needed at USCIS, this legislation will help stave off the immediate 
crisis while we work on a longer term solution.
  I am also glad the bill includes nearly $8 million for child 
nutrition programs, especially the extension of the Pandemic Electronic 
Benefits Transfer. That is the P-EBT Program. That is important because 
it provides millions of children with additional monthly benefits for 
food purchases while schools are closed. And this assistance is 
desperately needed as families across the Nation struggle to make ends 
meet and to put food on the table.
  Now, I support the continuing resolution. It is what I do in my role 
as vice chairman of the Appropriations Committee, and I urge my 
colleagues to do the same.
  But I cannot help but note the reason we need this is because of a 
dysfunctional Congress. It is a symptom of that. It is a senseless and 
entirely avoidable, made-in-Washington crisis.
  The Senate Appropriations Committee should have been allowed to do 
its work. We could have completed all 12 appropriations bills months 
ago, and the majority of those bills would have had overwhelmingly 
bipartisan support of both Republicans and Democrats.
  Apparently, the Republican leader did not want to allow that to 
happen, so we are left with a continuing resolution. It simply kicks 
the can down the road.
  Not only did we not complete our work on the fiscal year 2021 
appropriations bills, the Senate has not acted on a much needed COVID 
relief bill to address the impacts of the pandemic found in every town 
across America--every single town, represented by every single Senator 
in this body.
  Look what is happening across our country. Schools are struggling to 
safely educate our Nation's children, in both the classroom and, where 
necessary, remotely, without enough funding to do so.
  More than 9 million children do not have access to the internet in 
their homes. In normal times, this would set these children far behind 
their more affluent peers who can access online educational resources. 
By doing nothing--by doing nothing, at a time when much of our Nation's 
children are remote learning, Senate Republicans and President Trump 
are choosing to leave these children behind, and these children are all 
over the Nation, in every single State, and they are being left behind. 
Inaction is a choice, and that choice is to actively prop up the cycle 
of poverty for yet another generation.
  Look at the lines at our food banks. They are at a historic level 
during this enormous economic downturn. Today, in America, the 
wealthiest country in the world, one in four households are 
experiencing food insecurity during this pandemic.
  Nobody in this room has looked their child in the eyes with the 
knowledge that you do not know where the next meal will come from. 
Think of those people who do, day by day, have to look at their 
children, knowing that they don't know where their next meal is coming 
from and how they are going to feed these children.
  Inaction here and at the White House is a choice to let that child go 
hungry and force their parents to live with that terrible pain that 
comes when you cannot put enough food on the table for your family.
  Families are struggling to pay rent and eviction moratoriums have 
expired across the country in every State. In July, it was reported 
that, in this economy, more than 43 million Americans--one-quarter of 
the adult population of this country--either missed a rent or mortgage 
payment or had little to no confidence they could make the next 
payment. That was two rent or mortgage payments ago, with no relief.

  More than 31 million Americans were unemployed in August; 163,735 
businesses have closed, and 97,066 of those have closed permanently.
  States don't have the money they need to safely carry out an election 
that is only 34 days away and in the middle of a pandemic.
  Without a legislative change extending critical deadlines, our 
ability to achieve a fair and accurate count in the 2020 census remains 
a risk--a census that is required under the Constitution of the United 
States, a Constitution we all have taken an oath to uphold.
  American people are suffering, and politics are being played to keep 
that suffering continuing. But it is infuriating that the Republican 
leadership refuses to acknowledge this reality. Instead of doing their 
job and considering and passing full-year appropriations bills and a 
desperately need a COVID relief bill, Senate Republicans have focused 
this year almost entirely on packing the courts with rightwing, extreme 
judges. Faced with an unprecedented health and economic crisis, does 
this spur Republicans to action? No. But what does? Aha. A Supreme 
Court vacancy in an election year that under their own precedent--under 
Republican precedent--should not be filled until the American people 
have their say in November. All of a sudden, they are ready to go to 
work. That is shameful. At least on that, wait until the election. Let 
the American people speak.
  You know, it is frustrating because we could have passed every one of 
those appropriations bills and not be faced with this. And I bet they 
would have passed overwhelmingly.
  So if Senate Republicans want to keep the Senate in session during 
October, I say do it. There is plenty of work left undone. The Senate 
could act on the fiscal year 2021 appropriations bills, a COVID relief 
bill, or any one of the hundreds of bills the House has passed that are 
currently bottled up in Senator McConnell's legislative graveyard.
  But these pressing needs--pressing needs of people going hungry, 
being thrown out of their homes, not getting the medical care they 
need, facing the danger of COVID, something the President said would go 
away in the spring--their needs are being ignored while Republicans 
focus on filling a vacancy to the Supreme Court that should rightfully 
remain vacant until a month from now when the people have spoken at the 
polls.
  Congress is failing the American people because Republicans, led by 
President Trump, care more about securing a hyperpartisan Supreme Court 
than the health and safety of the American people--all people. It 
doesn't matter their politics in this country. It is that simple.
  Now, I remain committed to completing the fiscal year 2021 
appropriations bills. I want to produce bipartisan bills before the CR 
expires on December 11. I think Chairman Shelby shares this commitment. 
I look forward to working with him to complete our work.
  When he was not blocked by his own party's leadership, we passed, by 
overwhelming margins, all of the appropriations bills. Let's work to 
complete our work. But for now, let's remove the threat of any more 
chaos in this country--prevent a government shutdown by passing this 
bill. I urge all Members of both parties to vote aye on the continuing 
resolution.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.

[[Page S5923]]

  The PRESIDING OFFICER (Mr. Cramer). Without objection, it is so 
ordered.


                   Motion to Table Amendment No. 2663

  Mr. McCONNELL. Mr. President, I move to table amendment No. 2663.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  The amendment (No. 2663) was tabled.
  Mr. McCONNELL. Mr. President, I know of no further debate on H.R. 
8337.
  The PRESIDING OFFICER. Is there further debate?
  If not, the clerk will read the title of the bill for the third time.
  The bill was ordered to a third reading and was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  Mr. McCONNELL. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander), the Senator from Kansas (Mr. Moran), 
and the Senator from Florida (Mr. Rubio).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``yea'' and the Senator from Florida (Mr. 
Rubio) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from California (Ms. Harris), 
the Senator from Vermont (Mr. Sanders), and the Senator from Montana 
(Mr. Tester) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 84, nays 10, as follows:

                      [Rollcall Vote No. 197 Leg.]

                                YEAS--84

     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Daines
     Duckworth
     Durbin
     Enzi
     Ernst
     Feinstein
     Fischer
     Gardner
     Gillibrand
     Graham
     Grassley
     Hassan
     Heinrich
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Jones
     Kaine
     Kennedy
     King
     Klobuchar
     Lankford
     Leahy
     Manchin
     Markey
     McConnell
     McSally
     Menendez
     Merkley
     Murkowski
     Murphy
     Murray
     Perdue
     Peters
     Portman
     Reed
     Risch
     Roberts
     Romney
     Rosen
     Rounds
     Sasse
     Schatz
     Schumer
     Scott (SC)
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Sullivan
     Thune
     Tillis
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--10

     Blackburn
     Braun
     Cruz
     Hawley
     Johnson
     Lee
     Loeffler
     Paul
     Scott (FL)
     Toomey

                             NOT VOTING--6

     Alexander
     Harris
     Moran
     Rubio
     Sanders
     Tester
  The bill (H.R. 8337) was passed
  The PRESIDING OFFICER. The majority leader.

                          ____________________