Congressional Record — Senate, S6340 (October 21, 2020)
Summary
Page S6340 of the Senate section of the Congressional Record for October 21, 2020, in interleaved columns. A Democratic speaker calls Republican plans on the Supreme Court a hypocritical breach of precedent, recalling that Abraham Lincoln declined to nominate a justice so close to an election, and warns that the majority leader could destroy the Chamber, which is that speaker's view. Another speaker says a COVID relief bill could have been enacted months ago if Democrats had compromised, and a further speaker supports the Paycheck Protection Program but objects to a process vote on only one part, and calls for law enforcement legislation.
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“Congressional Record — Senate, S6340 (October 21, 2020).”
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S6340 CONGRESSIONAL RECORD — SENATE October 21, 2020
Democrats are so angry? Is it no won- fiction. There is no precedent in his- If Democrats had actually been will-
der that the American people are tear- tory of the Senate for what the Repub- ing to compromise with Republicans to
ing their hair out, when they have said licans are doing. reach consensus legislation, we could
they want to wait until the next elec- Abraham Lincoln, our great hero, have had a new COVID relief bill
tion, when that is only fair, that is great Republican, rejected nominating months ago. Americans could be enjoy-
only democratic? The hypocrisy is tow- somebody to the Supreme Court so ing additional relief right now.
ering and enormous. And as I said, close to an election. Republicans have made it clear since
Leader MCCONNELL could destroy this So Republicans, at the very least, the summer that we were willing to
Chamber for a very long time. ought to go on record and admit this is compromise with Democrats on a new
Why is this happening? Well, this is an extraordinary breach of precedent, bill. All we asked was that Democrats
part of a decade-long effort to shift the of comity, of fairness, of decency, of come to the table with a reasonable
courts to the far right so that the far honor, of truth, of consistency. proposal that could actually make it
right, which has so many Republicans So in a short time, I will make a through both Houses of Congress.
in their grasp, can accomplish through point of order that the Senate should But Democrats haven’t been inter-
the judiciary what they could never ac- not consider a nomination to the Su- ested. Oh, sure, Speaker PELOSI has
complish through the Congress. preme Court this close to a Presi- supposedly been working on an agree-
Senate Republicans failed to repeal dential election. Every Senator will ment with the White House for months.
the Affordable Care Act. We know. vote on whether a nomination this We constantly hear from the Speaker
That happened right here. So President close to an election shall be in order. It that a deal is getting closer, only to
Trump and Republican attorneys gen- will confirm to the American people discover the next day that a deal isn’t
eral are suing to eliminate the law in what we all know to be true—that the really close at all.
court. Republican majority has absolutely no Let me tell you something. If you are
Senate Republicans don’t dare put re- intention of honoring the supposed the Speaker of the House and you real-
peal of Roe v. Wade on the floor of the principle it so vehemently argued in ly want to arrive at a compromise, it
Senate. They know it would fail. But 2016. doesn’t take you 3 months. It probably
they try to appoint Justices who are That they won’t follow history; that even doesn’t take you 3 weeks.
dedicated to repealing that vital right they won’t follow precedent; that they Democrats have to know very well
of a woman to choose and to control won’t follow norms and traditions of that there is no way for them to get a
her own body. the Senate; that they won’t even follow bill containing everything they want
This is just an amazing moment. One their own standards—that is the indel- through both Houses of Congress, but
of Coney Barrett’s very first cases ible mark on this Senate majority; Democrats could get some of what they
would be to hear arguments against that here in Leader MCCONNELL’s Sen- want, and isn’t something better than
the Affordable Care Act, the very act ate, it is the rule of ‘‘because we can,’’ nothing?
that this Chamber rejected repeal of. ‘‘might makes right,’’ ‘‘because we Even if Democrats were right about
Republicans, as I said, could never re- can,’’ as Senator WHITEHOUSE put it, all the need for every penny of spending
peal a woman’s right to choose in Con- to confirm a far-right Justice on the that they are calling for, wouldn’t it be
gress. They don’t even dare bring it to Court who would rip away healthcare better to get some of that spending
the floor. from tens of millions of Americans in passed than to have nothing? To Demo-
The far right has never had a major- the middle of a pandemic. crats, apparently the answer is no.
ity on the Court to limit Roe or Gris- We will see how my Republican col- In just a few minutes, the Senate will
wold, but if Judge Barrett becomes leagues vote. be voting on Republican coronavirus
Justice Barrett, it very well might. I yield the floor. legislation. Our bill would provide
Women of America, watch out. Watch The PRESIDING OFFICER. The Sen- more money for the hardest hit small
out. ator from South Dakota. businesses, more healthcare resources
I will remind my colleagues and the CORONAVIRUS to fight the virus, and money to help
American people, when President Mr. THUNE. Mr. President, for schools reopen and operate safely—pri-
Trump was asked about Roe v. Wade months now, Democratic leaders have orities that all of us, Democrats and
during his final debate against Hillary held additional COVID relief hostage. Republicans, should be able to agree
Clinton, he said: ‘‘If we put another Instead of working with Republicans to on. In theory, I am pretty sure we do
two or three Justices on the court, the arrive at a compromise bill that both agree on them. And yet all signs sug-
repeal of Roe v. Wade will happen auto- parties can support and that can make gest that Democrats will filibuster this
matically.’’ Is that what this Repub- it through both Houses of Congress, coronavirus relief legislation for the
lican majority stands for? If they do, Democrats have insisted that it is their second time—even though passing this
announce it to the American people. way or the highway. Either Repub- bill would get more money into the
Don’t hide behind this idea that Jus- licans agree to a bloated, multitrillion- hands of small businesses and schools,
tices are calling balls and strikes; that dollar piece of legislation filled with even though this bill would provide ad-
they will obey precedent. Don’t hide noncoronavirus-related measures and ditional funding for COVID testing and
behind that because we know what is far-left, liberal wish list items, a bill treatment.
happening here. that would never make it through both Nevertheless, once again, Democrats
The American people should make no Houses of Congress, or Americans get will choose nothing—nothing—over
mistake. Their fundamental rights are no relief. That is basically the choice something. Once again, Democrats will
on the line: the right to affordable the Democrats have left the American decide that if they can’t get everything
healthcare, to make their own medical people. they want, it is better for Americans
decisions, to join a union, vote without It goes without saying that this is not to have anything.
impediment, the right to marry whom not the attitude of a party that really I hope whatever perceived political
they love—that is what this is all wants to give help to Americans. This gains Democrats are getting from their
about. is the attitude of a party that wants to refusal to negotiate are worth denying
Now Leader MCCONNELL has strained use this crisis for political purposes. help to the American people.
credulity to argue that ramming a Su- Democrats figure that they win ei- In a few minutes, Republicans will
preme Court Justice through the Sen- ther way. Either they use this crisis to cast their votes in favor of COVID re-
ate while American voters wait in line force through a bunch of liberal prior- lief, and I invite rank-and-file Demo-
to cast their ballots is completely nor- ities not related to COVID or they crats to reject their leader’s obstruc-
ctelli on DSK11ZRN23PROD with SENATE
mal. Nothing to see here, he says. Who blame Republicans for the lack of a tion and join us on that vote.
believes him? I don’t think a single Re- bill. I yield the floor.
publican on that side believes him. Completely absent from their cal- The PRESIDING OFFICER. The Sen-
They know what is going on. culations is any sense of what their in- ator from Illinois.
This is not the Senate, as he says, transigence is costing the American Mr. DURBIN. Mr. President, late last
performing its historic function. It is a people. night the news flash was: Senator
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October 21, 2020 CONGRESSIONAL RECORD — SENATE S6341
MCCONNELL, Republican leader of the is what an election is all about; a plan, the coastal elites. News flash, Senator
U.S. Senate, opposes COVID–19 relief No. 2; and the resources to implement MCCONNELL: Coastal elites don’t qual-
bill and informs the White House. it. ify for these checks, nor should they.
Supposedly, it was a statement made What are the resources that Senator Ordinary people do, and your bill
by Senator MCCONNELL at his Repub- MCCONNELL believes are necessary to doesn’t help them.
lican lunch yesterday, and it was later deal with this? When it comes to test- On unemployment, Senator MCCON-
confirmed by four Republican Senators ing, $16 billion for the Nation—$16 bil- NELL’s bill cuts the benefits in half—
who attended that that is what oc- lion. the Federal benefits for unemploy-
curred. We are currently testing 1 million ment. Then he puts in this provision—
Finally, it becomes public one of the people a day across the United States. an incredible provision—that gives
things that has been suspected for a We should be testing 14 million people large companies immunity from liabil-
long time on this side of the aisle. You a day if we are serious about contact ity if they do not take the necessary
see, most of us have been paying close tracing, if we are serious about reopen- steps to protect their employees and
attention to the speeches by Senator ing the economy. customers. That is a high priority. The
MCCONNELL to try to gauge his interest So the Senator from Kentucky comes big shots do pretty well in Senator
in really coming back to help the to the floor this morning and talks MCCONNELL’s bill.
American people. about the obstructionism of NANCY When it comes to testing, Senator
We remember on March 26, when 96 PELOSI. Obstructionism? Five months MCCONNELL is prepared to spend $16 bil-
to 0—96 to 0—the Senate voted for ago, she passed the COVID–19 relief bill lion, as I mentioned earlier. The bill we
COVID relief in what was known as the and sent it to his desk, and he never support has over $57 billion for hos-
CARES Act. It was a bipartisan meas- once brought it to the floor for debate pitals and healthcare clinics and $75
ure responding to a national pandemic or a vote—not once. He mocks it and billion for testing.
that was just starting to surface and an criticizes it day after day. He is afraid Nutrition. Senator MCCONNELL says
economy that was just starting to col- of voting before the U.S. Senate. So he we are just trying to help the blue-
lapse. comes up with an elaborate procedural State billionaires. I have news for him:
Many people thought at the time scheme, which we will see in just a few They don’t qualify for SNAP benefits.
that that would be the end of our jour- minutes here, that basically wants to And there is no SNAP benefit increase
ney, that we would do what is nec- put together his package for COVID re- in the McConnell bill. We believe there
essary, and put it behind us. And so the lief, but his package is missing so should be. People are standing in line
unemployment assistance, for example, many key elements that we know will at food banks. America can do better.
Money to help the schools—we put
ended on July 31 of this year. The not respond to this national crisis. It is
more money into that than Senator
PPP—the Paycheck Protect Program— the old story of a man 30 feet from
MCCONNELL does.
ended in the middle of August. We were shore drowning, and someone stands by There is help for the Postal Service,
wrong. the shore and tosses him a 5-foot rope. which has been hard-pressed by the
The pandemic got dramatically It doesn’t work. It doesn’t reach. It current state of the economy.
worse, and the economy slumped even doesn’t save him. We also have the Paycheck Protec-
further. Millions more were out of The Chairman of the Federal Re- tion Program, which we all agree needs
work. Thousands were dying. More serve, Jerome Powell, has told us that to be there for small businesses.
were infected. And we still are in a ter- if we don’t do something, there will be I will just conclude by saying this.
rible battle now against this deadly a tragic result in the American econ- We have our chance now to work to-
virus. omy. If we pass a bill of the magnitude gether on a bipartisan basis to help
So the obvious solution was for Con- suggested by Speaker PELOSI, we have people who are counting on us. Senator
gress to come back and help again. The a chance of recovering by the end of MCCONNELL’s approach has to be re-
first measure was good and I think 2021. If we don’t, the Chairman of the jected. It is just an effort to find some
helpful, but it wasn’t enough. We need- Federal Reserve warns us—and others, cover politically so people can go home
ed more. as well—that we will slump into an and say: Well, I voted for something.
So NANCY PELOSI, the Democratic even worse recession, even more unem- Let’s do something that makes a dif-
Speaker of the House, 5 months ago—5 ployment, and even more businesses ference in the lives of people and helps
months ago—in May passed a COVID failing. them. Let’s deal with this coronavirus
relief bill to follow on from the origi- That appears to be what Senator directly and let’s help those who are
nal bill. She sent it over to Senator MCCONNELL is prepared to accept, but suffering from job loss and struggling
MCCONNELL 5 months ago, and he did we are not. Those of us set to deal with to make ends meet get through this
nothing. the real problems and challenges for crisis themselves. That is the responsi-
What he said was: I want to see if I Americans realize we need more than bility we face, and it is one that I
feel a sense of urgency about the need an effort of throwing a 5-foot rope to a think we should face honestly.
for this bill—a sense of urgency. man drowning 30 feet from shore. That I listened as my friend and colleague,
Well, today 220,000 Americans have is the McConnell approach. Senator THUNE, said that we were hold-
died. Americans are dying at a pace As we take a look at the elements ing America hostage with our position
from this coronavirus that is unimagi- that are missing in the McConnell ap- on the Democratic side. We are not
nable. Do you understand that the proach, they are lengthy. Virtually holding them hostage. It was Senator
death rate from COVID in America is every State and local government in MCCONNELL who refused to participate
21⁄2 times the death rate in Canada? Do the Nation has seen a downturn in rev- in the negotiations and still does. We
we realize the infection rate in the enue because the economy contracted. have a bipartisan effort between the
United States is five times what it is We want to help these State and local White House and Speaker PELOSI to
than Canada or Germany? Do we un- governments survive to be able to over- solve this problem and come together
derstand that with 4.5 percent of the come the need to layoff healthcare again as we did in March. It is time for
world’s population, we lead in COVID workers, teachers, firefighters, and po- us to do it.
deaths than anywhere in the world? lice. That is what we believe, and that The President may say he is tired of
The efforts to deal with COVID–19 is what we include in our bill, not in COVID, but America can’t be tired of
have failed, and the American people the McConnell bill. COVID. We have to face it every single
know it. They are tired of this way of Housing. There is no funding for day and fight it every day. The Senate
living, with these masks, but they housing or rental assistance in the and Congress should help.
ctelli on DSK11ZRN23PROD with SENATE
know if they don’t, they risk their McConnell bill that he brought before I yield the floor.
health and the safety of others. They us. The PRESIDING OFFICER. The Sen-
want this economy to come back to Economic stimulus. Remember the ator from Vermont.
life. They want the kids to go back to $1,200 checks? There are no direct stim- Mr. LEAHY. Mr. President, I concur
school. But we can’t move forward un- ulus checks in the McConnell proposal. with everything that our distinguished
less we have leadership, No. 1, and that He says that we are holding out to help assistant leader has said.
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S6342 CONGRESSIONAL RECORD — SENATE October 21, 2020
We are in the middle of the most dev- do. It is critical in keeping literally resume international travel and com-
astating health crisis in modern his- thousands of small businesses afloat. merce.
tory, and the American people are pay- But take a look at this proposal. It I can go on. There is so much that is
ing a terrible price. Nearly 220,000 falls flat. It ignores critical improve- missing.
Americans have died in just 10 months. ments to the programs that would be So what do they put in? They turn
To put that in perspective, that is sig- made by considering the Heroes Act— something over to the well-paid lobby-
nificantly more than the number of expanding access to all nonprofits, ists of corporations by providing
Americans who died in the Korean, making critical-access hospitals eligi- sweeping liability shields for corporate
Vietnam, Iraq, and Afghanistan wars ble for PPP, and addressing arbitrary wrongdoers who have failed to do their
combined—all of them. caps on various loan programs to help part to keep employees, consumers,
Remember President Trump calling small businesses. and patients safe. That tells you every-
himself a ‘‘war President’’? President More importantly, it is providing thing you need to know about what is
Trump said he was a ‘‘war President.’’ more funding for these programs, and in it. A special earmark for big cor-
Well, has he acted like one? No. He nothing else would even remotely solve porations comes ahead of struggling
called the virus a hoax. He has been the problems facing our country. The American families.
We know it is not going to pass. It
AWOL ever since. economy will not come back until the
Millions have lost their jobs. They shouldn’t pass. Let’s start working and
American people have confidence that
are struggling to make ends meet. Peo- getting something that can be passed
the virus has been vanquished. We need
instead of this. The House passed the
ple are being evicted from their homes. more funding for the PPP program. We
Heroes bill over 5 months ago, and they
They are living in their cars and in all agree with that. We need to fix that passed it again 3 weeks ago. Why don’t
shelters or on the street. They are rely- program and do so much more. we take it up and vote it up or vote it
ing on the generosity of others, and the We have to invest more in testing. It
down? Let’s have some votes. Let’s
virus is still not remotely under con- needs to be based on a national testing make people stand up and see what
trol. The need for another comprehen- and contact tracing strategy so we can they are really for. If we don’t, then,
sive emergency funding bill to address quickly identify cases and isolate those democracy has failed the American
the COVID crisis is obvious. It is ur- who have been exposed. How many people.
gent and has been for 5 months. And times do we have to say it? We need to I remain hopeful that Speaker PELOSI
what is the Senate doing? Staging develop a vaccine distribution program and Secretary Mnuchin’s talks will re-
show votes on COVID relief bills that now so it can be up and running as soon sult in a comprehensive deal on COVID
the majority leader knows will go no- as the vaccine is available. We have to relief that will solve real problems in
where. And then they go back on their provide personal protective equipment America. Speaker PELOSI has already
word—both the majority leader and the to those on the frontlines. We have to shown a willingness to compromise,
chairman of the Judiciary Com- ensure our hospitals have the resources and the other side must do the same. If
mittee—on what they said a year ago, they need to take care of the ill. We it does, Senator MCCONNELL must com-
and they try to rush through the nomi- need to keep our nursing homes safe mit to bring it to the floor for a vote
nation of a Supreme Court Justice less and virus-free. immediately, even if he personally op-
than 2 weeks before the election, after Doing targeted bills aimed at one poses it, or the majority of his caucus
millions of Americans have already sector is the way to avoid doing what opposes it. That is the way democ-
voted. is really needed. It picks winners and racies are supposed to work. The Amer-
So where are their priorities? losers at a time when everyone is ican people have waited long enough.
I know where mine are. They are struggling. No matter how much aid we I yield the floor.
with the families of the 220,000 Ameri- give to small business or airlines or to The PRESIDING OFFICER (Mr. ROM-
cans who have lost their lives to this our struggling restaurant industry, our NEY). The Senator from North Caro-
virus. They are with the thousands of economy won’t come back until the lina.
Vermonters and millions more across virus is under control. Mr. TILLIS. Mr. President, I ask
the Nation who lost their jobs during We need a comprehensive bill, not unanimous consent that I be allowed to
this pandemic. They are with the small the so-called McConnell ‘‘skinny’’ bill finish my comments before the vote.
business owners trying to stay afloat we are voting on today, which provides The PRESIDING OFFICER. Is there
during this crisis. They are with the fa- only $500 billion of COVID relief, less objection?
Without objection, it is so ordered.
thers and mothers wondering if they than half of even what the Trump ad-
PROTECT AND SERVE ACT
will be able to pay next month’s rent ministration proposed just a month
or put food on the table, and they are ago. Mr. TILLIS. Mr. President, I rise
with the children struggling to learn Look at the lines at food banks. They today to speak on behalf of the brave
are skyrocketing during this crisis, but and hard-working men and women of
through Zoom calls and online classes.
there is nothing in this bill for nutri- law enforcement across this Nation.
It is a national disaster, and it requires Last month, I talked about the dan-
real solutions. tion assistance. Look at the millions of
gerous consequences of inaction by the
We need a comprehensive bill to ad- Americans who are struggling to pay
Senate if we didn’t come to protect
dress this problem. We can’t do it with next month’s rent or to keep up with them. Unfortunately, since my last
fig leaves or do it piecemeal, like Sen- their mortgage payments. Notwith- speech, four more law enforcement offi-
ator MCCONNELL wants to do. We can’t standing the wishful thinking of the cers, men and women, have died—been
pass an inadequate bill today on the President, this is a massive problem, murdered—in the line of duty. That is
chance that maybe we will come back and either the President doesn’t know a 20-percent increase over the number
later and do what we should have done it or he doesn’t care. Maybe it is both. last year.
to begin with. That is not how it Today there are over 25 million That doesn’t count the hundreds of
works. Everyone knows that. Americans unemployed, compared to police officers who have been injured in
We have one chance for the remain- just 2 million at the end of January, the line of duty, many of them still re-
der of this year to get it right, and we and the unemployment assistance in covering from their wounds. The
owe it to the American people, every- this bill is totally inadequate. groundswell of violence against law en-
body—I don’t care if they are Repub- There is nothing in the bill for State forcement is shocking, and it is our re-
licans, Democrats, Independents—ev- and local governments that are on the sponsibility as Senators to act.
erybody—to try. frontline fighting this virus. There is Enough is enough. Rather than sup-
The majority leader staged a show inadequate money for testing, edu- port radical ideas like defunding and
ctelli on DSK11ZRN23PROD with SENATE
yesterday. He didn’t bring up a com- cation, and childcare; no funding for abolishing the police, the Senate
prehensive proposal for COVID relief community health centers; no funding should take the lead and pass meaning-
and open it for debate. He called for a to fight this on a global level. We are ful legislation to protect law enforce-
process vote and only one part of it, not going to defeat this pandemic if we ment officers, increasing funding, im-
the Paycheck Protection Program. ignore what is happening outside of the proving training, and raising stand-
Well, I support that program. We all United States. Americans can’t safely ards. That is why I again call on my
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