[Congressional Record Volume 167, Number 184 (Wednesday, October 20, 2021)]
[Senate]
[Pages S7108-S7111]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  Mr. SCHUMER. I ask unanimous consent that the Senate resume 
consideration of the Lin nomination.
  The VICE PRESIDENT. Is there objection?
  Without objection, it is so ordered.
  The clerk will report the nomination.
  The senior assistant bill clerk read the nomination of Tana Lin, of 
Washington, to be United States District Judge for the Western District 
of Washington.
  The PRESIDING OFFICER (Ms. Baldwin). The junior Senator from 
Oklahoma.

[[Page S7109]]

  

  Mr. LANKFORD. Madam President, I do have to make a quick comment 
before I jump into a unanimous consent request.
  I did appreciate hearing the majority leader talk about how the 
minority and the majority stood up around Reconstruction. And I found 
it interesting that he continued to talk about the majority and the 
minority standing up for the rights of slaves and the rights of 
individuals, conveniently leaving out it was the Republicans at that 
time that were the majority that were actually standing up for the 
rights of all individuals of all races to be able to vote and to be 
able to be engaged, and it was the Democrats at that time that were 
working very hard to be able to block the rights of individuals to be 
able to vote.
  So I did have to find it personally humorous when he seems to not be 
very shy about saying Republican and Democrat on this floor, at that 
moment he used majority and minority. But I digress. On to other 
issues.


                   Unanimous Consent Request--S. 2879

  Madam President, the reason I came to the floor today is because, on 
September 9, the President of the United States took to the microphone 
and told the American people his patience was wearing thin--was the 
comment he made to the American people: My patience is wearing thin; 
therefore, I am going to start mandating that individuals across the 
country have to receive a vaccine.
  To which he then put out an Executive order across to Federal 
workers, in particular, and told Federal workers they would have to 
have a vaccine by the end of this year, to be fully vaccinated, 
complete.
  The deadlines he put in place for the Moderna vaccine, they would 
have had to have had the first shot by last week; by the Pfizer 
vaccine, they would have already have had to have the shot by this 
week; and then the J&J vaccine, they would have to have it by a couple 
weeks to be fully complete.
  And he laid down this statement to say everybody needs to get 
vaccinated, and then walked away.
  Office of Personnel Management and Office of Management and Budget 
didn't try to start engaging to start catching up on this because there 
was no rule that was in place. It was an Executive action.
  I quickly started getting phone calls from individuals in my State 
who were exceptionally concerned about that. There are Federal workers 
who have worked for the Federal Government for decades, who had 
questions about religious accommodation or for medical exceptions, or, 
quite frankly, they had already had COVID and recovered from it and 
they were concerned about the vaccine coming in that they would have 
some kind of relapse at some point.
  It is exceptionally rare, but if it is them and they walk back 
through it, it is their prerogative.
  So I started asking questions immediately. I went to the CDC to ask 
if they had studied the 44 million Americans who have already had COVID 
and recovered, would their recommendation be those individuals don't 
have to have the vaccine if they can show they already have the 
antibodies in the their system.
  And the answer I got back from CDC is: We have not studied it yet.
  A year and a half in, and we have not studied it yet.
  I went to the Office of Management and Budget to be able to visit 
with them. I heard one set of issues from them. Twenty-four hours 
later, I met with the Office of Personnel Management, and I heard a 
different set of issues that came from them. They were literally in 
conflict with each other 24 hours apart. They put out guidance. They 
put out a second set of guidance. Each set of guidance they put out 
becomes more chaotic in the process.
  People who have worked remotely throughout this entire time of COVID 
and still continue to work remotely are a little confused as to why 
they are now being suddenly mandated to have a vaccine.
  Individuals who have already had COVID, as I mentioned before, and 
have recovered are a little confused why they are being mandated to do 
this.
  Individuals with medical accommodations who have asked for those, who 
literally are showing up with paperwork from their physician saying 
``This person is currently under cancer treatment, and they do not need 
to have the vaccine at this point during their moment of treatment,'' 
are being told by some people ``No, that doesn't count. The CDC has 
said it is OK. Your doctor's note doesn't count,'' and by others, they 
are being told ``No, that does count; you can delay it.''
  There is one set of rules from one Agency and one set of rules from 
another. In fact, even within the same Agency, from department to 
department, there is a different set of rules. Some Agencies have said 
that the volunteer advisory boards are also included. Other Agencies 
are saying: No, volunteer advisory boards are not included in this 
mandate.
  Some are receiving word in State agencies in my State that because 
your agency takes Federal funds, everyone in your State agency also has 
to be vaccinated or we will cut off the Federal funds to your State. 
Some agencies are not calling with that same request.
  The contractors who work with the Federal Government were told they 
were also included in this Executive order mandate and that everyone in 
their company needs to also be vaccinated, except the contractors are 
asking very simple questions: Is it everyone in our company or is it 
everyone who actually works on the contract for the Federal Government? 
They can't get a straight answer on that.
  As simple as it is, even for those contractors who have asked--they 
have said: No, wait a minute, we have a contract already. Are you as 
the President trying to write in an additional stipulation into our 
contract that we didn't agree to based on an Executive action? You 
don't have legal authority to be able to do that. Is this about the 
current contract or is this about future contracting?
  They have not been able to get an answer on that.
  Quite frankly, we as a body--I am still fighting to make sure 
contractors don't have human trafficking in their contracting and get 
suspension for this, but apparently, with this Executive order, 
companies can still have human trafficking and not be suspended, but if 
they are not 100 percent vaccinated, they will be.
  This is a bizarre world we are living in currently right now. This 
mandate came out for Federal workers, Federal contractors, maybe 
volunteer advisory boards, maybe State agencies, 6 weeks ago, and 
everyone is still asking questions--what in the world? In the meantime, 
real families in real-life situations are dealing with the consequences 
of the debris field behind this.
  One of the Social Security agencies in my State, the folks who take 
care of those folks at the Social Security office--get their cards to 
them, get questions from them about Social Security--there are eight 
employees in that little agency, that little spot. Four of the folks 
are talking about leaving because they are concerned about the vaccine 
mandate, and they are not getting their questions answered. If that 
happens, the folks in that part of my State will not be able to get 
access to Social Security cards and will not be able to get their 
answers.
  So what is happening? People are struggling with a long-term career, 
deciding whether they are going to leave, literally if they are going 
to follow their doctor's orders or if they are going to follow somebody 
from the CDC they have never met before and their orders that are 
coming down.
  Federal contractors are trying to figure out how they can complete a 
contract because the President of the United States inserted a new 
element into their contract.
  Oh, by the way, many Federal union workers are contacting my office, 
saying: What in the world? This was not part of our collective 
bargaining agreement. Literally, the President is adding a new element 
to our collective bargaining agreement after the fact and saying: I 
know you are a union member, but your local unions are not going to 
represent you.
  And they haven't. They are going to their stewards and they are going 
to others and saying ``Hey, I need somebody to represent me here in 
this,'' and they are telling them, ``No. The President just inserted 
something into our collective bargaining agreement, and

[[Page S7110]]

you can do nothing about it.'' Federal union employees are ticked 
because they thought their union represented them, not the President of 
the United States.
  Now, to be clear, I took the vaccine as soon as it was eligible for 
me. My wife did the same. My daughters did the same. I am incredibly 
grateful for the vaccine. I encourage people all over my State, and 
have from the beginning, to take the vaccine. It has gone through a 
rigorous, scientific process. But people in my State, like the 49 other 
States in this great country, all know this fact to be true: There are 
side effects for some people in the vaccine. It is a small group, but 
no one knows if they are in that group until they take the vaccine. 
There are also dramatic effects for people who get COVID. Some people 
are asymptomatic--literally get it, recover, never even knew they had 
it--and some people die from it in a horrible death in a hospital. You 
never know until you get it.
  That is why each individual American has to be able to evaluate their 
risk of whether they are going to risk it to get COVID or risk it to 
get the vaccine. I think the risk is much lower in getting the vaccine. 
Science has proved that number to be accurate. But, you know what, I 
don't get to decide for them. They have to decide for them. I can bring 
information to them and let them make the decision. But, instead, the 
President of the United States has stood up and said: My patience is 
wearing thin. You have to do what I say regardless if you are under 
cancer treatments and regardless if you are under any other process.
  I even asked the Office of Personnel Management: What are you going 
to do for religious accommodations?
  The answer came back: We cannot decide someone's sincerity.
  The next day, I talked to the Office of Personnel Management, which 
is actually putting the details together, and they gave me a seven-
point decisionmaking process to help people decide if someone's 
religious beliefs are sincere or not.
  This is a mess, and there are lots of people who are caught up in 
this who just want their government to help them, not fire them for 
making a decision that affects their personal life and their family. 
That is why I have been after this for 6 weeks since the famous ``I am 
losing patience'' speech. For 6 weeks, I have talked about this. For 6 
weeks, I have made phone calls to every entity I could make phone 
calls, written letters, brought legislation. For 6 weeks, I have 
brought these issues up and said this is a real problem that is out 
there. For 6 weeks, I am not being heard on this.
  There are Americans in my great State who are now having to decide if 
they are going to leave a career they love serving their neighbors or 
if they are going to be compelled to take a vaccine risk just because 
the President has said: My patience is wearing thin.
  Just to reinforce a simple statement about people making decisions on 
risks--it is interesting to me. On the first of October, another 
Executive order came out that said: If individuals take the vaccine and 
they are a Federal worker, because of this new mandate, if they do have 
severe side effects from it, we will cover them medically.
  That was a little reminder to some people who were hesitating of why 
they hesitated.
  Listen, why don't we go back to doing what we do as Americans: 
Respect each other, encourage people to do the right thing, and 
incentivize. But this chaotic mandate where you don't know if you are a 
Federal contractor; you don't know the rules if you are a Federal 
employee; you don't know the rules if you are on the advisory board; 
you don't know the rules even if you are in a State agency--by the way, 
the deadlines for Moderna and Pfizer have already passed, and you still 
don't know the rules. They are nearing a moment of being fired and no 
one even has the details yet? Please.
  Why don't you listen to the people in your own State asking very 
straightforward questions? This is not about whether you should take 
the vaccine. This is, are you going to fire a 25-year Federal employee 
because they disagree with you? That is what this is all about.
  Madam President, as if in legislative session, I ask unanimous 
consent that the Committee on Homeland Security and Governmental 
Affairs be discharged from further consideration of my bill that sets 
aside this Executive order from the President, S. 2879, and that the 
Senate proceed to its immediate consideration. I further ask that the 
bill be considered read a third time, passed, and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The junior Senator from Michigan.
  Mr. PETERS. Madam President, I reserve the right to object. My friend 
from Oklahoma serves as the ranking member of the Government Operations 
Subcommittee of the Homeland Security and Governmental Affairs 
Committee. I sincerely appreciate that he brings a thoughtful approach 
to Federal workforce issues and that we frequently have an opportunity 
to work together to make government work more efficiently and more 
effectively.
  Unfortunately, I strongly disagree with the legislation being put 
forward today. This proposal would roll back policies put in place to 
make sure that Federal workers and Federal contractors who are paid 
with taxpayer dollars are vaccinated against COVID-19. These Executive 
orders protect not just the Federal workforce all across our country, 
but they help protect their families and their communities. There are 
also commonsense exceptions for people with disabilities, with medical 
conditions, or with sincerely held religious beliefs. These policies 
were put in place both carefully and fairly.
  The American people are literally sick and tired of this pandemic--a 
pandemic that has already claimed over 725,000 lives, including the 
lives of our friends, our neighbors, and our family members. They want 
this pandemic to end, and vaccines is how we get there.
  From the beginning of this pandemic, I and many of my colleagues have 
been dedicated to bringing safe and effective vaccines to the people 
who live in our States by investing in science and research and by 
strengthening our domestic supply chains.
  COVID-19 vaccines are now widely available, but we know from trusted 
scientists and public health experts that we need higher rates of 
vaccination to get this pandemic under control. The politicization of 
safe, effective, public health measures is making it harder to end this 
horrible pandemic. The legislation before us today would without 
question move us in the wrong direction. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. LANKFORD. Madam President, I understand the statement by my 
friend from Michigan. I have to tell you, though, I wish this was 
rolled out in an orderly fashion. It has been 6 weeks of chaos and 
unanswered questions, and the Federal Government is about to fire 
thousands of Federal employees because they did not bend to their will.
  Many Federal employees asked for a medical exemption and were told 
no. Literally, they brought a letter from their doctor and were told 
no. Individuals asked for religious accommodation and were told no, 
they will not get it. It is one thing to say it is offered; it is 
another thing to say it was actually extended.
  I will tell you, from talking to people in my State in the Federal 
workforce, they are not getting those orderly religious accommodations, 
those orderly medical exemptions. They are not getting it. They are 
being told ``No, it is a mandate,'' and then they are being told ``You 
are about to lose your career. Is it worth it?'' These are individuals 
literally choosing between their health and their job.
  By this January, I don't know how many thousands of Federal employees 
we are going to have out of our system and how much wisdom we are going 
to lose out of all these Agencies. But this horrible game of chicken 
that the President is right now playing with not only Federal employees 
but with people all over the country is a terrible thing to do to our 
economy and to individuals who are seeking the best service.
  It is amazing to me how many individuals served through the entire 
pandemic faithfully and took great risk to serve their neighbors who 
literally the President is about to fire as their thank you. That is 
wrong. That is wrong.

[[Page S7111]]

  I stood last week and talked to individuals who work for American 
Airlines, who are really concerned and frustrated, who love working 
with American Airlines but are now receiving a mandate coming down on 
them that they are digging in and saying: I am not going to do it. I 
have already had COVID. I have recovered. I have natural immunity. Why 
am I being asked to do this as well?
  And they are getting only that the President is mandating it, and: We 
do Federal work, and so it is going to be required.
  It is the same thing happening to packing companies, to 
manufacturers, to small businesses around the country.
  Let me just read you a story. One employee who called our office last 
week is currently in cancer treatment for the fourth time and is 
receiving an experimental treatment. She is being told that she will be 
terminated from her job November 24 if she doesn't get vaccinated, 
because the President is requiring it on everyone.
  That does not sound like an accommodation that is occurring because 
of medical accommodations.
  It is nice to say in DC: Talk to the people in your State what is 
actually happening on the ground.
  All of this push that is happening around healthcare workers all 
around the country, what does that really look like?
  When we talked to an administrator of one of our nursing homes. Most 
of the individuals in our nursing homes, thankfully, as residents and 
as staff, have been vaccinated; but some have had COVID, and they are 
concerned about getting the vaccine. Whether that is rational or not, 
that is where they are, but they have natural immunity.
  This particular nursing home that we talked to, 20 percent of her 
employees have said that they will not take the vaccine. This 
particular nursing home in a rural area will close and expose all of 
those residents and their families to chaos because Biden said: I am 
losing patience.
  It is one thing to say we need to be able to push back on this 
pandemic. I absolutely agree. It is another thing to irrationally close 
down nursing homes that are taking care of patients that, by the way, 
were filled with people--frontline workers--who put their life at risk 
last year to serve people.
  And now to push those people out and fire them this year?
  ``You are welcome,'' apparently, is what the President should be 
saying to them.
  All I am asking for is reason. All I am asking for is to consider 
those 44 million Americans who have natural immunity and to accept what 
we all know scientifically to be true. All I am asking for is real 
medical exemptions. That is not irrational. All I am asking for is real 
religious accommodations.
  Those are things that should be straightforward, common sense, and 
doable. But for whatever reason, the train is barreling down the 
tracks. In the debris field is our Federal workers, individuals who 
work in private companies, healthcare workers across the board.
  I, just this weekend, received an email that was a long email from a 
very shy physician in one of our major hospitals in Tulsa. She told me 
flat out: I don't seek personal attention. I don't do media stuff.
  In fact, she said: I don't even have social media at all.
  But she detailed out her healthcare decisions and what was going on 
in her own life and said: I do not want to receive this vaccine.
  As a physician at a major hospital in Tulsa, she is about to lose her 
job because President Biden's patience is running thin.
  What do her patients do next?
  Mr. President, don't play chicken with our families. This is real to 
them. They do not need to lose their job because they have medical 
conditions, religious accommodations, or they have natural immunity. 
They have suffered through COVID once, and now you are going to fire 
them for that?
  Let's have a real dialogue, not a rushed ``My patience is wearing 
thin.''
  With that, I yield the floor.
  The PRESIDING OFFICER. The junior Senator from Louisiana.