[Congressional Record Volume 166, Number 102 (Tuesday, June 2, 2020)]
[Senate]
[Pages S2636-S2641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      EXECUTIVE CALENDAR (Resumed)

  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
Senate resume consideration of the Mercado nomination.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Recognition of the Minority Leader

  The PRESIDING OFFICER. The Democratic leader is recognized.


                                Protests

  Mr. SCHUMER. Madam President, I just finished watching Joe Biden's 
speech to the Nation. President Trump, watch Joe Biden's speech. That 
is what real leadership looks like.
  Now, it is difficult to express the moment we find ourselves in. Our 
country has been hit by a strange and contagious disease infecting 
millions and killing over 100,000 of our people. Our economy was put on 
ice for several months, shuttering scores of businesses, casting 40 
million Americans on the unemployment rolls, and, according to 
government estimates, taking

[[Page S2637]]

$16 trillion out of our economy over the long term.
  Then this Nation suffered another trauma--a deeply personal and 
wrenching pain of another African American senselessly killed in police 
custody. It is another reminder of the racism that can infect not only 
our law enforcement and our criminal justice system but our entire 
society.
  George Floyd's killing spurred justified, overwhelmingly peaceful 
protests from Minneapolis to New York, from Atlanta to right here in 
the Nation's Capital. Americans are frustrated. Americans are angry. 
Americans are upset at the country they see, and they want to change 
it. Can you blame them? It is a good thing that people protest and want 
to make our country better, especially when it comes to the scourge of 
racism, the poison that has been in American bones for far too long.
  The millions of Americans of all races and backgrounds who have taken 
to the streets in peaceful protest are doing something noble: reminding 
the powers that the decades-long failure to reform police departments 
is unacceptable and that systemic racism is a knee pressing on the 
necks of tens of millions of African Americans. They are reminding the 
country that Black lives matter by holding their arms up in silence for 
2 minutes and 53 seconds, which is the length of time that George Floyd 
was unresponsive while the police officer continued to press him into 
the hard pavement of that Minneapolis street.
  The small minority who have exploited the protests to wreak havoc and 
violence are wrong. They are not taking part in the grand American 
tradition of First Amendment protests, and they are not peacefully 
assembling. They are breaking laws and destroying businesses already 
struggling to recover and putting their fellow citizens in danger. They 
do a great disservice to themselves, their country, and the righteous 
cause that so many Americans are now engaged in.
  While over 4,000 protesters have been arrested over the past week, 
only 1 of the 4 police officers involved in George Floyd's death has 
been arrested. It does not excuse the violence in any way, but it 
explains, in part, why so many Americans are angry. There is 
accountability for everyday citizens and protesters when they violate 
the law, but there isn't always accountability for law enforcement when 
it does the same. Violence, wherever it occurs, is wrong, but not 
prosecuting law enforcement when they break the law with the same 
intensity, as protesters when they break the law, is wrong as well.
  The first year of this new decade has brought plague and economic 
disaster and a vivid reminder of racial injustice, testing--testing--
the capacity of our country to endure what only a few months ago would 
have been considered an unimaginable series of challenges.
  We need leaders who will pull us together and help us heal and turn 
the righteous anger in the land into action and progress. Senate 
Democrats are not going to wait to take action on law enforcement 
reform. We are going to confront and address these issues right now.
  Several of my colleagues are working on legislation, including 
Senators Booker, Harris, Cardin, Duckworth, Schatz, and many others. As 
a caucus, we are going to listen to experts on racial justice, like 
Bryan Stevenson, and hear from our constituents who suffer racial 
discrimination and bias on a daily basis. We are going to propose and 
push for bold action.
  What matters is that we respond to the national wave of unrest with 
action. I am repeating my call to Leader McConnell. Leader McConnell, 
commit to putting law enforcement reform legislation on the floor 
before July 4. A divided nation cannot wait for healing or for 
solutions.
  At the same time, our Nation needs calm and steady leadership, a sure 
hand and a big heart--qualities that President Trump has never 
displayed in office.
  I repeat my request to President Trump: President Trump, watch Joe 
Biden's speech that he gave this morning. That is what leadership is, 
not what you are doing.
  We are living through a tale of two crises--COVID and racial 
justice--and President Trump has been a miserable failure at handling 
both of them.
  Last night, the scene in Washington, DC, may have provided the 
enduring portrait of the Trump Presidency. While peaceful, law-abiding 
citizens were exercising their constitutional right to protest in a 
public park across from the White House, President Trump ordered 
Federal troops to clear those peaceful crowds with tear gas and rubber 
bullets so that he could trudge a few blocks from the White House to 
stand in front of a church, not to go inside but for a photo op. The 
President's relentless need to make a weak man feel strong led him to 
order Federal law enforcement officers to gas peacefully assembled 
Americans so he could sneak his way to a church photo op. It led him to 
order Federal officers to gas peacefully assembled Americans so that he 
could sneak his way to a church for a photo op.
  After the gas came the horses, a modern-day cavalry for clearing the 
battlefield. The purpose? So President Trump could wave a Bible--not 
read a Bible, not even his Bible--as a prop. It was appalling. It was 
an abuse of Presidential power. It may well have been illegal, and it 
was blatantly unconstitutional. The President of the United States 
ordered troops to attack peaceful American citizens exercising their 
constitutional rights by tear-gassing them in a public park while 
military helicopters flew overhead.
  The President must immediately cease this behavior. Secretary Esper 
and General Milley should not allow the U.S. military to come within a 
country mile of these ugly stunts.
  Let me say that again. The President must cease this behavior 
immediately. Secretary Esper and General Milley should not allow the 
U.S. military to come within a country mile of these ugly stunts.
  The administration is using the military as a tool to intimidate 
American citizens. The Department of Defense IG must immediately launch 
an investigation into how the U.S. military was used and whether it was 
consistent with the laws of our Nation.
  Republicans on both sides of the Capitol should be as outraged as we 
are. The last time we had a President who wantonly disobeyed the laws, 
there were Republicans in Congress who stood up to him--not so much 
this time, not so much this President.
  Leader McConnell just spoke here on the floor, and we didn't hear a 
word from him about the President's disgraceful use of force on 
nonviolent protestors last night. Senate Republicans who remain silent 
about the President's abuses are, once again, betraying the rule of law 
and the constitutional basis of this country. And the reason? Fear of a 
vindictive President who demands they never criticize him.
  After the President's reality show ended last night, while the Nation 
nervously watched the chaos that engulfs us, President Trump probably 
laid in bed pleased with himself for descending another rung on the 
dictatorial ladder. He probably wore out his remote control watching 
the clips of General Barr's victory over the unarmed in the Battle of 
Lafayette Square. Then he reveled in the sounds of Blackhawks flying 
overhead and joyously retweeted scores of preening sycophants. It is 
all so sad, so pathetic, and so weak.
  The President could have led during the COVID crisis, which still 
looms over us. He could have led in economic recovery, providing 
realistic hopes to people. Even now, he could be spending his time 
decrying the absence of justice for George Floyd, calling for the 
investigation or prosecution of the other three officers who were 
involved or for Breonna Taylor or for countless other African Americans 
who have been killed, extrajudicially, because of the color of their 
skin.
  Our Nation is desperate--desperate--for real leadership, but there is 
no one home at the White House, and the lights are off. I fear for the 
future of our country--that in this time of immense difficulty, our 
President is only capable of contributing more division, more fear, and 
more chaos.
  I yield the floor
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. THUNE. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.

[[Page S2638]]

  The PRESIDING OFFICER. Without objection, it is so ordered.


                        Remembering George Floyd

  Mr. THUNE. Madam President, last Monday, George Floyd died in the 
hands of a Minnesota police officer. This senseless death left 
Americans reeling, most of all because there have been too many George 
Floyds and Breonna Taylors and Ahmaud Arberys.
  As a nation, we need to work to ensure that what happened last Monday 
in Minneapolis never happens again and that the perpetrators of crimes 
like this one are held accountable and brought to justice. We also need 
to acknowledge how deeply many of our fellow citizens are suffering in 
the wake of George Floyd's senseless death. A lot of our fellow 
Americans are afraid right now, shaken by another death and worried 
that that could easily have been their son or husband or brother. Too 
many Americans feel unsafe in their own communities, and we need to 
listen to them with humility, to listen to those whose experience of 
America has often been very different from many of ours.
  In the wake of George Floyd's death, Americans took to the streets 
and cities across the country to express their outrage. They joined a 
powerful tradition and exercised a cherished right. Peaceful protest is 
an American institution, and as the civil rights movement demonstrated, 
a powerful agent for change. These protests aren't relegated to big 
cities. We are seeing them in towns across South Dakota and in many 
other places in the United States.
  Unfortunately, though, there has also been counterproductive and 
unnecessary violence. Arson, looting, and destruction of property have 
happened in cities around the country, and communities have suffered 
damage that will be felt for years. Communities' faces and community 
buildings have been damaged. Local businesses have seen their shops 
defaced and their aisles ransacked, and innocent bystanders have been 
injured. This is not a solution to the problems highlighted by George 
Floyd's death, and this violence needs to end. Putting others' lives in 
danger cannot be an acceptable response to an unjust death.
  Around our country, our law enforcement officers have been called out 
to respond to these riots. I just want to say a couple of words about 
our police officers. It was a police officer who caused George Floyd's 
death, and, around our country, other police officers are sickened by 
that officer's actions and the tragic result. Most of our Nation's 
police are like Houston's police chief, who went out and marched in 
solidarity with protesters, or like the police chief of Norfolk, VA, 
who did the same, or like the police officers in Camden, NJ, who joined 
locals to march, led by their police chief.
  There are certainly exceptions, sadly--too many exceptions. But the 
vast majority--the vast majority--of our Nation's police officers are 
men and women of character who care deeply about protecting everyone in 
their communities and who strive to do their jobs with justice and with 
integrity.
  For too many years, the promise of the declaration that ``all men are 
created equal'' was denied to many. Even in our own day, with both 
slavery and segregation now mercifully in our past, the effects of 
these great national sins still make themselves felt. We must 
rededicate ourselves to ensure that the promise of liberty and justice 
for all is realized for every American. It will take work, but I have 
faith in our country and in my fellow Americans, and I believe that we 
can get there.
  My prayers today are with George Floyd's family and with all those 
who are suffering because of his unjust death. ``And what does the Lord 
require of you,'' the book of Micah asks, ``but to act justly and to 
love mercy and to walk humbly with your God.''
  May we all seek justice and mercy and walk humbly in the days that 
are ahead.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. PORTMAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Loeffler). Without objection, it is so 
ordered.


                                Protests

  Mr. PORTMAN. Madam President, I am here to talk about the pain, 
frustration, and anger that many Americans are feeling this morning. In 
the midst of an unprecedented healthcare and economic crisis that is 
disproportionately affecting our minority communities, we have seen 
protests spring up across the country in response to egregious examples 
of injustice and violence against African Americans.
  Just in the past few weeks, there have been graphic videos of Ahmaud 
Arbery gunned down while jogging on a street in Georgia; a White woman 
in Central Park calling 9-1-1 to falsely accuse an African-American man 
of threatening her; and George Floyd pleading for his life as a White 
officer pressed his knee onto his neck for nearly 9 minutes in 
Minnesota, killing him.
  Joining many others, I have made it clear that what happened to these 
Americans is outrageous and unacceptable. It was very hard to watch 
that video of George Floyd, a man whose family described him as a 
``gentle giant,'' literally begging for his life. ``I can't breathe,'' 
he said. ``Don't kill me,'' he pleaded. Those were his final words. 
This simply cannot be allowed to continue in America. By the way, no 
one I know in law enforcement believes this behavior should be allowed 
either.
  Each of these acts and other acts of injustice against Black 
Americans is deeply troubling in its own right. The combination of 
these injustices right now, in the midst of concerns about the 
disproportionate impact of the coronavirus on communities of color, has 
created a firestorm.
  Right now, many feel overwhelmed by the sadness, anger, and 
helplessness. Our hearts are with the families of George Floyd, Ahmaud 
Arbery, and every American who has experienced injustices in the 
shadows, away from the cameras, outside of the news headlines, in their 
daily lives.
  It is good that Federal, State, and local investigations are underway 
in the Floyd and Arbery cases and that murder charges have been filed. 
We must all demand that justice be served fully and thoroughly. We are 
a nation of laws, and we must work to uphold those laws to protect 
everyone. But my fear is, like so many other times in our Nation's 
history, what will happen is that these killings will fade from the 
public's consciousness and we will move silently back to the status 
quo. We can't allow that to happen this time. It is past time for us to 
have a robust and inclusive national dialogue on racial inequities and 
some difficult but necessary conversations about how we move forward as 
a country.
  Over the past couple of days, I have spoken with the mayors of 
Cleveland, Cincinnati, and Columbus--our three biggest cities in Ohio, 
all three of which have had peaceful protests and destructive rioting. 
I commend each of them for their support of citizens demonstrating 
peacefully and for what they have done to try to stop the violence. We 
talked about cultivating hope for a better world.
  I will continue to try to use this podium here in the Senate to 
foster unity and discussions with my colleagues, my constituents, and 
leaders across Ohio. We need to work together to find solutions that 
promote strong families and communities that treat each other with 
respect and dignity.
  I believe one place to start is by holding up those police 
departments around the country that have made substantial reforms in 
training and accountability and improved relationships with communities 
of color, all the while ensuring better public safety for their 
citizens.
  In my home town of Cincinnati, in the wake of similar racial 
injustice protests in 2001, I worked alongside local officials to 
develop a better relationship of shared respect between the Black 
community and our police officers. It is called the Collaborative 
Agreement. It is not a perfect system, and it has been tested, but it 
has also proved to be a valuable tool to ensure continuous and open 
dialogue between the African-American community and the police force. 
The data is there. There has been a measurable drop in Cincinnati in 
cases both where police officers used excessive force and where 
officers themselves were injured.
  The Federal Government provided support for this program. A lot of 
the

[[Page S2639]]

support came in terms of the computer systems and the data and the 
transparency and accountability. There is more work to be done, so the 
Federal role should continue in Cincinnati, but this may be a model for 
other cities to follow as well.
  As we look at what actions this body should take, I have been 
encouraged by some of the good ideas brought forward by some of my 
colleagues. My colleague from South Carolina, Senator Tim Scott, is 
introducing a bill that would encourage greater reporting of fatalities 
that occur while individuals are under arrest or in police custody. 
When we know more about what is happening and emerging trends, I 
believe we will be better able to address the right public policy 
approach
  Now would also be a good time, in my view, to establish a national 
commission on race, as was done in 1967 by President Johnson in 
response to the civil unrest of that era. Perhaps the honorary cochairs 
of such a commission could be people of standing, like former 
Presidents Obama and Bush, both of whom have spoken eloquently about 
racism as a stain on our national character. It would not be a 
commission to restate the problem but to focus on solutions and send a 
strong moral message that America must live up to the ideal that God 
created all of us as equal.
  Sadly, there are those who are trying to take advantage of the pain 
and suffering by instigating acts of violence aimed at the police, 
looting, vandalizing, and setting fires, usually in the very 
communities that are suffering so much. It pains me to see the 
disrespect that has been shown by some, including to some of our small 
business owners and their employees in these communities, who are 
watching something be destroyed that they have spent their lifetime 
building. It pains me to see the disrespect being shown to some of the 
officers who are doing their job in a professional manner. It heartens 
me to see some of the peaceful demonstrators trying to stop these 
destructive acts.
  Violence is not the answer. It will only serve to further divide our 
already polarized country. George Floyd's younger brother, Terrence, 
said yesterday:

       It's OK to be angry, but channel your anger to do something 
     positive or make a change another way because we've been down 
     this road already. The anger, damaging your hometown, is not 
     the way he'd want.

  We cannot dismiss the anger and frustration that have driven so many 
to the streets for peaceful protests these past few days. The anger on 
display is real. It is raw. And it deserves to be heard and respected. 
This is something we must all learn from, and we mustn't thwart the 
rights of those who are demonstrating peacefully. But the answer is not 
violence. The answer is to insist that justice be served. The answer is 
to listen to those who have felt the sting of racism. The answer is to 
acknowledge when racial disparities and inequities occur, and the 
answer is to work together to address these longstanding injustices 
going forward.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.


                       Business Before the Senate

  Mr. CORNYN. Madam President, this is a busy week for all of us in the 
Senate but not so much for our friends in the House, who won't be back 
until the end of the month to vote on any legislation.
  We are hard at work here in the Senate, and particularly in the 
Judiciary Committee, we have a lot to do. This morning, we held a 
hearing to examine the impact of COVID-19 on incarceration and 
detention. Across my State, nearly 5,500 offenders have tested positive 
for COVID-19, and at least three dozen have passed away. In addition, 
nearly 900 employees have tested positive, leading to 7 line-of-duty 
deaths.
  This has been and continues to be a major focus of mine after having 
received a letter from the public employee union at the Federal Medical 
Center in Carswell in Ft. Worth, which is actually a medical facility 
for incarcerated individuals.
  Unfortunately, we know that, just like the nursing homes and assisted 
living facilities--people who are elderly or have chronic underlying 
health problems are especially vulnerable to this virus. We need to do 
everything we can to make sure that people are treated humanely and 
fairly even while incarcerated.
  Tomorrow, we will switch gears, and we will hold the next in a series 
of important hearings to examine the handling of the FBI's Crossfire 
Hurricane investigation. You will recall that the Crossfire Hurricane 
investigation was opened in July 2016, in the midst of a Presidential 
election campaign. This followed on the heels of a now famous or 
infamous press conference that FBI Director Comey had on July 5, 2016, 
in which he claimed that no reasonable prosecutor would charge then-
Candidate Clinton for the various email scandals he investigated. But 
unfortunately, as we found out later, he reopened that investigation 
again right before the November election, casting a lot of doubt on who 
interfered the most with the 2016 election. Was it Director Comey, or 
was it Russian active measures? Who had the biggest impact on the 
actual outcome?
  As I said, this investigation against the Clinton campaign began in 
the summer of 2016. When the special counsel's report was released last 
April, it concluded that there was no collusion or obstruction that 
could be charged as an offense.
  I had hoped that extensive investigation conducted by the former FBI 
Director, Bob Mueller, would close the chapter in this book, but as 
information about how the FBI conducted its work has come to light, 
thanks in large part to the outstanding work of the inspector general 
of the Department of Justice, Mr. Horowitz, it is clear that this story 
is far from over, and there is a lot we need to do together to help 
restore public confidence in our Nation's premier law enforcement 
agencies, known as the Department of Justice and the FBI.
  We have learned--tragically, I say, because as a former judge and 
former attorney general, I revere these institutions of law 
enforcement--we learned about texts from high-ranking government 
officials in the FBI, in the upper-management echelon, vowing to stop 
Donald Trump's election.
  We now have learned about systemic abuse of the Foreign Intelligence 
Surveillance Act, which is supposed to protect the privacy of American 
citizens, and how it was manipulated and intentionally abused, and lies 
actually communicated to the Foreign Intelligence Surveillance Court in 
order to justify a warrant against an American citizen.
  We have learned about a first altered and now missing 302 for Michael 
Flynn. He, of course, was the National Security Advisor for a short 
time for President Trump but was later charged with lying to the FBI. 
Amazingly, in a surreal course of events, the original notes taken by 
the FBI agents who interviewed General Flynn are nowhere to be found. 
We learned they were later modified. We have the modified version, 
after somebody got to change them, but we need to see the underlying 
ones.
  It is no wonder that the steady drip of information paints a very 
troubling picture about the motivations behind the Crossfire Hurricane 
investigation and the way it evolved over time.
  The thing that concerns me the most is, if rogue FBI officials can do 
this against a Presidential candidate, if they can do what they did to 
Hillary Clinton and expose derogatory information while saying there 
isn't evidence with which to charge her with an offense, if that is 
tolerated, then what sort of protection do we as ordinary citizens have 
against that kind of abuse of the enormous power given to our law 
enforcement agencies and investigative agencies like the FBI?
  So this is a monumental scandal. The American people deserve answers, 
and that is what the Judiciary Committee is hoping to deliver.
  Tomorrow, we will hear from former Deputy Attorney General Rod 
Rosenstein about the origins of the investigation and the role he 
played as the Deputy Attorney General at the time--the second highest 
ranking official at the Department of Justice. Of course Mr. 
Rosenstein, during his long and illustrious career as a former U.S. 
attorney headquartered in Baltimore, was closely linked to some of the 
key players in the decisions made during this investigation, and his 
testimony is a critical first step in learning the truth behind this 
misguided and rogue investigation.

[[Page S2640]]

  On Thursday, the committee will vote on subpoena authorizations to 
obtain additional documents that are critical to our oversight 
responsibilities.
  As we work to restore America's faith in our justice system, there is 
only one way we can succeed, and that is to find the truth and to 
follow the truth, wherever it may lead. That process will begin in 
earnest again tomorrow, and I look forward to working with my 
colleagues on the Judiciary Committee to uncover the facts, to share 
them with the American people, and to begin to persuade them that we 
take seriously the job of repairing the damage done by the Crossfire 
Hurricane investigation, conducted outside of all of the norms and 
rules that should guide those investigations, on the eve of a 
Presidential campaign, on top of the reason that Rod Rosenstein 
recommended to President Trump that James Comey be fired as the FBI 
Director because of his mishandling of the Hillary Clinton email 
investigation.
  I yield the floor.
  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. BARRASSO. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                Protests

  Mr. BARRASSO. Madam President, I come to the floor today with the 
remarks I had prepared while home in Wyoming last week, but first I 
need to comment on the tragedy that is facing our Nation today.
  Anyone who has seen the video of George Floyd being murdered--
murdered--has to be heartbroken. The peaceful protests that followed--
peaceful at first--about police abuse against any--any--American are 
important and are necessary. These peaceful protests about George 
Floyd's death have been hijacked, though, by violent criminals. Anyone 
who sees the video of the wanton destruction and the looting and the 
rioting and the arson knows that those who are involved have no respect 
for the people they are harming. They dishonor the memory of George 
Floyd, and they dishonor the cause for which the demonstrators and the 
protesters first took to the streets.
  Those who would desecrate the Lincoln Memorial, the World War II 
Veterans Memorial, and the church that every President has worshipped 
in going back to James Madison--those are people who are set on 
undermining our Nation


                              Coronavirus

  My goal today is to come to the floor to talk about rebuilding our 
Nation--rebuilding our Nation as we recover from coronavirus.
  Last week at Memorial Day services in Wyoming, I reflected on 
America's heroes and the sacrifices so many have made for the rest of 
us.
  As I talk with people in Wyoming and travel the State, I am reminded 
how self-reliant, how resourceful, how independent, and how resilient 
we are as Americans.
  Well, the worst of coronavirus does now seem to be behind us. People 
want to get back to work. The economy, forcefully shut down by the 
government, is now showing signs of life. Businesses are starting to 
reopen. As we say in the West, it is time to get back in the saddle. We 
are going to fully reopen our communities, and we are going to do it 
smartly, safely, and soon. Every Governor needs to speed, not impede, 
the process so people can return to work.
  Just as important, our children need to get back to school. It is 
critical. Parents know how important it is for our students and our 
kids to be back in the classroom. The lockdowns have been hard on young 
people. Our kids miss their teachers, they miss their friends, and they 
miss their normal activities.
  Every child learns differently. Many children are having trouble 
learning at home, and others are having difficulty learning on the 
screen. Some kids are basically teaching themselves.
  What happens if an at-risk child misses an entire year of school? And 
what about the impact on child welfare?
  I published an op-ed last week entitled ``Coronavirus Collateral 
Damage.'' In it, I noted that pediatricians are very concerned that 
with the shutdowns, a significant number of child abuse cases are going 
undetected and unreported.
  Thankfully, schools are figuring out safe ways to reopen. The Senate 
Health Education, Labor, and Pensions Committee is holding a hearing 
this week on going back to college safely, and next week we are going 
to hold a hearing called ``Going Back to School Safely.''
  Most of the K-12 schools and colleges hope to reopen this fall. 
Research tells us that young people are better able to deal with the 
virus and are less likely to suffer symptoms of the disease.
  Nevertheless, the California State university system has decided to 
keep all of its campuses closed for the fall semester--every one of 
them. They say they will not open any of them again until after New 
Year's. California's university system is the country's largest and 
serves about half a million students. They have campuses throughout the 
State of California, and they are taking a one-size-fits-all approach, 
treating every campus as if they are all identical. In my view, that 
decision is misguided.
  To date, nearly two-thirds of U.S. colleges plan to reopen this fall. 
That is according to the Chronicle of Higher Education, which is 
researching the universities and talking with them, finding out exactly 
what is going on from school to school.
  Universities across the country are rolling out responsible reopening 
plans aimed at protecting students as well as staff.
  Back at home, the University of Wyoming in Laramie is advancing a 
bold fall reopen agenda and plan. The university has asked the Governor 
for $79 million in Federal coronavirus relief funds to help support the 
effort. Some of the safety measures being discussed include single dorm 
rooms, smaller classes, enhanced cleaning, and required staff and 
student coronavirus testing every several weeks.
  In a recent statement, the University of Wyoming president stressed 
``the importance of an on-campus educational experience.'' The 
president of the University of Wyoming, Neil Theobald, has pledged to 
``bring our students back to campus safely and protect the health of 
our community to the highest extent possible.''
  Last week, two university presidents in Indiana published op-eds 
discussing their decisions to reopen this fall.
  Writing in the Washington Post, Purdue University president and 
former Indiana Governor Mitch Daniels said that failing to reopen would 
be ``an unacceptable breach of duty''--an unacceptable breach of duty. 
He said Purdue based its decision on current scientific data showing 
COVID-19, while very dangerous for the old and the sick, ``poses a near 
zero risk to young people.'' To keep the community safe, Purdue is 
taking a number of steps, including making its campus less dense. 
Purdue will require one-third of the staff to work remotely.
  The former Governor said that personal responsibility is key. He goes 
on to say: ``Upon arrival in August, each Boilermaker will receive a 
kit including face masks and a thermometer for daily temperature taking 
as well as the Protect Purdue Pledge.'' President Mitchell Daniels 
said: ``Forty-five thousand young people--the biggest student 
population we've ever had--are telling us they want to be here this 
fall.''
  Only a week after California's decision to stay closed for the fall 
and the rest of the year, the University of Notre Dame made headlines 
by announcing it will reopen this fall.
  Writing in the New York Times last week, Notre Dame president, 
Reverend John Jenkins, said: ``Educating young people--the future 
leaders of our society--is worth risking a good deal.''
  Notre Dame is going to open August 10--2 weeks earlier than they had 
planned--and to limit the back and the forth, the Fighting Irish will 
forgo their fall break and end the semester before Thanksgiving. Other 
safety measures being considered include masks, social distancing, 
aggressive testing, temperature checks, contact tracing, and remote 
options for at-risk students and staff. Father Jenkins noted that the 
school's decision is guided by science but also took courage and common 
sense.

[[Page S2641]]

  These schools have sought the best possible medical advice. They are 
following Federal public health guidelines, and they are committed to 
protecting the vulnerable.
  This is all new territory. There is no manual. Every community faces 
a unique set of challenges. Every school must chart its own course. 
Still, we can all agree that during this difficult and challenging 
time, America's schools must stand with their students, and not just 
for the well-being of the students but for others as well. Colleges are 
critical for the economic health of entire communities; hence the name 
``college towns.'' Universities are major employers, often the best 
local source of stable jobs. Many university jobs are also on the line 
this fall. The college shutdowns have also shut down Main Street. For 
many small businesses, losing graduation weekend alone was a crushing 
blow. Can mom-and-pop businesses sustain another lost semester?
  Taking away people's educational opportunities, social supports, and 
livelihoods has a real, negative impact.
  Here is the bottom line: We have learned that we can protect people 
from the virus and we can get back to normal life.
  For the good of the whole society, it is so critically important that 
we reopen now. It is time for America to get back in the saddle again.
  I yield the floor.
  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. MENENDEZ. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will state.
  The bill clerk read as follows

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the nomination 
     of Victor G. Mercado, of California, to be an Assistant 
     Secretary of Defense.
         Mitch McConnell, David Perdue, Jerry Moran, Rob Portman, 
           Michael B. Enzi, Deb Fischer, Kevin Cramer, John Thune, 
           John Boozman, Shelley Moore Capito, Marco Rubio, Todd 
           Young, John Barrasso, James Lankford, Tim Scott, James 
           E. Risch, Cindy Hyde-Smith.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Victor G. Mercado, of California, to be an Assistant 
Secretary of Defense, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The bill clerk called the roll.
   Mr. THUNE. The following Senators are necessarily absent: the 
Senator from North Dakota (Mr. Cramer), the Senator from North Dakota 
(Mr. Hoeven), and the Senator from South Dakota (Mr. Rounds).
  Further, if present and voting, the Senator from North Dakota (Mr. 
Hoeven) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from New Mexico (Mr. 
Heinrich), the Senator from Vermont (Mr. Leahy), the Senator from 
Massachusetts (Mr. Markey), the Senator from Vermont (Mr. Sanders), the 
Senator from Hawaii (Mr. Schatz), the Senator from Michigan (Ms. 
Stabenow), the Senator from Montana (Mr. Tester), and the Senator from 
Rhode Island (Mr. Whitehouse) are necessarily absent.
  The PRESIDING OFFICER (Mr. Cruz). Are there any other Senators in the 
Chamber desiring to vote?
  The yeas and nays resulted--yeas 75, nays 14, as follows:

                      [Rollcall Vote No. 104 Ex.]

                                YEAS--75

     Alexander
     Baldwin
     Barrasso
     Bennet
     Blackburn
     Blunt
     Boozman
     Braun
     Brown
     Burr
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Daines
     Duckworth
     Durbin
     Enzi
     Ernst
     Feinstein
     Fischer
     Gardner
     Graham
     Grassley
     Hassan
     Hawley
     Hirono
     Hyde-Smith
     Inhofe
     Johnson
     Jones
     Kaine
     Kennedy
     King
     Lankford
     Lee
     Loeffler
     Manchin
     McConnell
     McSally
     Menendez
     Moran
     Murkowski
     Murphy
     Paul
     Perdue
     Peters
     Portman
     Reed
     Risch
     Roberts
     Romney
     Rosen
     Rubio
     Sasse
     Scott (FL)
     Scott (SC)
     Shaheen
     Shelby
     Sinema
     Sullivan
     Thune
     Tillis
     Toomey
     Warner
     Wicker
     Young

                                NAYS--14

     Blumenthal
     Booker
     Cantwell
     Gillibrand
     Harris
     Klobuchar
     Merkley
     Murray
     Schumer
     Smith
     Udall
     Van Hollen
     Warren
     Wyden

                             NOT VOTING--11

     Cramer
     Heinrich
     Hoeven
     Leahy
     Markey
     Rounds
     Sanders
     Schatz
     Stabenow
     Tester
     Whitehouse
  The PRESIDING OFFICER. On this vote, the yeas are 75, the nays are 
14.
  The motion was agreed to.


                          Defense Nominations

  Mr. LEAHY. Mr. President, the President's threat of using military 
force against protestors is a grossly inappropriate, unnecessary, and 
dangerous escalation at a time when Americans are looking for 
constructive and enlightened leadership. America's power and strength 
derives, above all, not from our military might, but from the values 
that are at the very foundation of this country, rooted in the First 
Amendment of the Constitution.
  Our country has a long tradition of civilian policing. It is one of 
the many ways our government differs from regimes that routinely use 
the military to intimidate and silence their critics. The Insurrection 
Act was last invoked nearly three decades ago, to respond to the Rodney 
King riots in Los Angeles at the request of and by working closely with 
State authorities.
  Its application is not a threat to be cavalierly bandied about, as if 
our Armed Forces are puppets of the President to evict peaceful 
protestors for purposes of a staged photo op. I am deeply disturbed 
that civilian and military leaders joined the President in this misuse 
of force.
  Until the President and his senior military advisers make clear that 
they understand and accept this, I cannot vote to confirm further 
nominees to the Department of Defense.

                          ____________________