Unanimous Consent Request on H.R. 925, October 24, 2020 — Congressional Record, Senate
Summary
This is page S6421 of the Congressional Record, Senate, October 24, 2020, with interleaved columns. The minority leader, whose name is not printed in the text read, criticizes the rush to confirm a Supreme Court nominee and then asks unanimous consent to proceed to legislative session in order to take up H.R. 925, the Heroes bill, which he says would provide a comprehensive regime for testing and tracing of $75 billion, school and small business funds, and the $600 pandemic unemployment payment. The majority whip, Mr. Thune, reserves the right to object, says the Senate voted twice, most recently on Tuesday, on legislation for unemployment insurance, small businesses and schools, and questions the sincerity of the request. The page continues with further exchange; the views are attributed to the speakers.
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Cite this document
“Unanimous Consent Request on H.R. 925, October 24, 2020 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-24-crec-2020-10-24-pt1-pgs6421-2982f0871f/
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October 24, 2020 CONGRESSIONAL RECORD — SENATE S6421
What became of that high-minded prin- ing to undermine our elections. Are the All of that is in the Heroes bill. The
ciple the Republican Senators em- Republicans doing anything about American people so much want us to
braced so fervently in somber tones? that? No. They are too focused on im- pass it, but Leader MCCONNELL will not
Just 4 years ago, Leader MCCONNELL plementing their deeply unpopular even put it on the floor for a debate.
and they told the Nation that the Sen- agenda through the courts because If Leader MCCONNELL and his Repub-
ate must heed the voices of the Amer- they know they could never get it lican majority had an ounce of concern
ican people when they vote. Where on through the Senate. Most of them for average American families, they
Earth did that principle go? What prin- wouldn’t even vote for it. would halt this sham Supreme Court
ciples govern their current mad rush to Today, we are going to give the Re- process and join us in taking up the
confirm another Trump Justice 8 days publican majority in the Senate the op- critical pieces of legislation which my
before this Presidential election? portunity to consider critical legisla- colleagues and I will be putting on the
If this process has revealed anything, tion that has, so far, languished in floor all afternoon. In each case, we are
it is that the supposed Republican prin- Leader MCCONNELL’s legislative grave- not asking the Senate to pass it; we are
ciple was a farce—no principle at all yard. Many bills that are just sitting simply asking to debate it. We are ask-
and never was. It was a naked, oppor- here, awaiting action, that were passed ing them to overrule Leader MCCON-
tunistic, transparent, cynical, last- in the House—many with bipartisan NELL and put these bills on the floor
ditch grab for power. Of course, it is support—are waiting for Senate action. and let there be a debate and let there
the continuation of their shameful, We should be doing that, not rushing be amendments. That is all we ask dur-
lockstep subservience to President through this nomination while people ing the most desperate—desperate—of
Trump—the most unprincipled Presi- are voting and wanting their choices to times.
dent in American history. This will go be listened to, not the Republican Sen- All we ask is for the ability to debate
down as the most partisan, most hypo- ate’s choice. something that really matters to the
critical, and least legitimate Supreme So we are going to start with com- American people instead of rushing
Court nomination in our Nation’s his- prehensive legislation that addresses through a judge, a Supreme Court
tory. the most serious problems facing nominee, when the American people
Once again, Leader MCCONNELL, when America right now, the Heroes Act, want the decision to be made by them,
you talk about history—a distorted, which would deliver urgent and nec- not by Republican Senators, not when
one-sided view, that is all you give—it essary relief to the Nation and to the her views on key issues only represent
doesn’t erase what you have done. It people who are suffering. The Heroes an extreme minority of the American
stares the American people in the face. Act would have a comprehensive re- people.
They know it. We know it. We all know gime for testing and tracing of $75 bil- Mr. President, in order to proceed to
it, and history will know it. lion—the money that is needed but the consideration of H.R. 925, Heroes 2,
It is a very dark moment for the Sen- that this administration never gave. In I ask unanimous consent that the Sen-
ate, and I am ashamed that the Repub- fact, there is $9 billion sitting there ate proceed to legislative session.
licans are going along with this. This, from what we approved months ago in The PRESIDING OFFICER. Is there
again, will be the most partisan, most the CARES Act that they have not objection?
hypocritical, and least legitimate Su- even given out yet, so incompetent are The majority whip.
preme Court confirmation in our Na- they. Mr. THUNE. Mr. President, reserving
tion’s history. I saw Donald Trump in the debate. the right to object, the minority leader
UNANIMOUS CONSENT REQUEST—H.R. 925
He said: Oh, it will go away. He has is requesting to move to legislation
been saying that since January. That after having repeatedly, this week, re-
Mr. President, now let’s look at the
is why people know he is an incom- quested and asked for votes to adjourn
status of our country. It is even less
petent President during the most dif- multiple times—leave town. Now, all of
justified in light of that.
We had a record number of COVID in- ficult of times. Yet he still says it.
a sudden, he wants to legislate.
We need that money. We need money
fections yesterday. Let me repeat—a I think there is a serious question
to open up our schools safely and
record number. Are Senate Republicans about the sincerity of the minority
soundly. That takes extra money. The
doing anything about that? No. This is leader’s request here. And, frankly, to
school districts can’t afford it. We need
not a regional crisis like before. These his point, the U.S. Senate has now
ventilation, more buses, PPE, often-
spikes are now widespread, across the twice—and most recently this week, on
times more teachers, hotspots so that
whole country, putting all of our Na- people can get Wi-Fi when they don’t Tuesday—Tuesday this week—voted on
tion at risk. In fact, in per capita have it in their own homes, and so legislation that would do all the things
terms, I believe North and South Da- much more. that he says that he wants to do: Help
kota have the highest in the Nation. I We need money to prevent people people who are unemployed; we voted
read this morning that beds are run- from being evicted from their houses. on a bill that had unemployment insur-
ning out, and we are not doing a thing. They have lost their jobs through no ance for people who are unemployed.
In the past month, there has been a fault of their own, and they are getting Help small businesses; we had a bipar-
35-percent increase in the number of kicked out either as a renter or as a tisan agreement on the Paycheck Pro-
Americans hospitalized with COVID. mortgagor. The Heroes Act deals with tection Program to provide assistance
COVID is now the third leading cause that. to small businesses, and that was
of death in the United States. In coun- We need money to help our small blocked by the Democrats earlier this
tries like Germany and Japan and Aus- businesses—and not just a few. The res- week. It had money in there, resources
tralia, COVID isn’t close to being in taurants, stages and venues, broad- on a bipartisan, agreed-upon objective,
the top 10. Experts like Dr. Fauci are casters and newspapers, nonprofits and and that is more money, more re-
predicting, unfortunately, or pro- rural hospitals—all left out of the Re- sources, for schools and universities to
jecting that we could hit 400,000 Amer- publicans’ proposal—are in the Heroes open safely—$100 billion in there for
ican deaths this year and that the bill. schools to open safely. They blocked it.
darkest and worst days of this pan- There is money for unemployment. They objected.
demic, unfortunately, are ahead of us, The $600 pandemic unemployment kept It had money in there for farmers,
not behind us. 10 million people out of poverty. It has something that is important to the
The next huge wave of this pandemic pumped money into the economy as Presiding Officer and to me as well.
is not looming; it is here. We cannot af- well as given people who are not They blocked it.
ford to wait, but are the Republicans wealthy at all an ability to get by. It had money in there for the Postal
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doing anything about it? No. There are That is in the Heroes bill, and there is Service, something that his side has
tens of millions of Americans out of so much more. been saying repeatedly we need to ad-
work, and businesses are failing every There is money to make sure our dress. They blocked it. We had that
day. Are Senate Republicans doing elections are guarded and safe. There vote this week.
anything about that? No. There are for- are provisions that allow for the census We have taken up legislation exactly
eign powers, particularly Russia, try- to be counted in a fair way. along the lines of what the Democratic
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S6422 CONGRESSIONAL RECORD — SENATE October 24, 2020
leader is asking for, and they have con- taken away from them? Amy Coney first off, the funding that was provided
sistently blocked it. Barrett, in the past, has said she would in the Republican bill wasn’t incon-
And then to say: Well, let’s adjourn; do that. sequential. It was $650 billion.
we have had multiple votes on adjourn- Do the American people want to And to the Democratic leader’s point
ing. This isn’t serious, and he knows it. make it even harder to form a union so about the people in this country want
This is all about politics. This is a they might get some good pay? Amy what is now a $2.4 trillion bill—boy, I
bogus issue to detract the Senate from Coney Barrett. How about gun safety? can tell you, I haven’t seen that any-
the work at hand, which is to confirm She is to the right of Scalia. where, and maybe there is some polling
a well-qualified judge to the Supreme The issue on Amy Coney Barrett is out there that indicates that. But I
Court, who had a ‘‘well qualified’’ rec- twofold, and nothing they say changes think if you ask the question: Would
ommendation from the American Bar it. No. 1, her views on the issues are so you want to spend $2.4 trillion dollars
Association, which the Democratic far and so extreme that she does not if you knew you were borrowing it
leader in the past has said is the gold represent even the views of the people from your children and grandchildren,
standard—the gold standard when it in this body on the Republican side; you might get a different answer.
comes to processing and considering ju- and, No. 2, if they feel that the Amer- And the truth of the matter is, we
dicial nominations. So let’s see this for ican people want her, let them vote and have gone $3.5 trillion—all borrowed
what it is, call it out for what it is. decide—the very same thing my friend money, all added to the debt—already
And the bill he is calling up, by the from South Dakota and everyone else to address coronavirus relief.
way, from the House of Representa- said with Merrick Garland. We know That being said, we did bring a bill
tives, if you look at all the stuff it has hypocrisy when we see it. We know up that was another $650 billion, and
in it—and this is the all-or-nothing ap- contradictions when we see them. the Democrats blocked it. Why? Be-
proach that they are advocating right And on the bill—yes, let’s debate it. cause it didn’t spend enough, and they
now—tax cuts for Manhattan million- But their bill is inadequate on testing, didn’t think it spent enough on the
aires? They are always complaining inadequate on small business, inad- things that they thought it ought to
about tax cuts for the rich. This is tax equate on schools. We went to school spend money on.
cuts for millionaires in New York and Well, if that is the debate, let’s get
administrators. No money for State
California. Blue State bailouts for his on our bill. Let’s start at the $650 bil-
and local governments, and I dare say
State of New York. Think about that. lion base level, and they can offer
to my friend from South Dakota, a po-
Is that really what the American peo- amendments to increase funding.
lice officer, a firefighter, someone who By the way, we did have funding in
ple think we ought to be voting on picks up the garbage or drives the
right now when they are unemployed, there for testing and vaccines—signifi-
buses needs help in South Dakota, if it cant amounts of money negotiated by
small businesses need help? is a red State, or New York, if it is a
And that is the other thing. The bill LAMAR ALEXANDER, the chairman of
blue State. It is despicable, when the the Health, Education, Labor, and Pen-
he is calling up—trying to call up right
bill goes for all States, to say: ‘‘It is sions Committee. But if that is what
now has no assistance in there for the
just for blue States.’’ That is the kind they want to do, then let’s start there,
PPP program, the very program that
of divisiveness that Donald Trump has and then they can have an opportunity
everybody around the country has said
created in this country. It is why so to debate it and offer amendments, but
has provided enormous assistance to
many people don’t like him, and what they have blocked even getting on the
small businesses, kept them in busi-
our Republican colleagues, unfortu- bill—not the bill itself, even debating
ness, and there are other businesses
nately, since he has become President, it.
who need that help. He talked about
have followed through on. So when he says: We want to have a
wanting to help businesses that are
Our bill is far more comprehensive. It debate, we could have had a debate. All
going out of business. Well, that bill
deals with the needs. Very little money they had to do was let us get on the
that he is trying to call up right now
for testing, very little money for State bill, and then we could be offering up
doesn’t include assistance for small
and local governments, no money to and debating and discussing these var-
businesses.
So, anyway, this is clearly an at- help restaurants or stages or non- ious amendments that they want to
tempt to detract the Senate from the profits or rural hospitals, no money for offer.
work at hand, which is to consider a hospitals, in general. But I would argue that all the things
So the bottom line is very simple. that our bill includes are things that
very well-qualified nominee to the U.S.
Ours is a broad, comprehensive bill. are important to the American people.
Supreme Court—one of the Senate’s
Theirs is a narrow, skinny bill done to It was a targeted bill. It was a fiscally
most important constitutional duties
appease 20 Republican Senators who responsible bill. And, yes, it got 52 out
and responsibilities, and we intend to
wanted no money—no money. And they of 53 Republicans to vote for it—not a
stay focused on that.
And if the leader is genuinely inter- won’t even debate that either. single Democrat. Why? Because the
ested, he could let us get on the bill So I say to my good friend from Democrats have an all-or-nothing ap-
that we tried to call up earlier this South Dakota, and he is my friend, we proach, and they want to hold this
week that deals with all the have one view. The American people process hostage to get a leftwing agen-
coronavirus relief issues that he men- are for a $2 trillion bill, a recent poll da of items included in the legislation,
tioned earlier, all of which are bipar- showed—60, 70 percent. They have a many of which—many of which have no
tisan issues—every single one of them much narrower view, based on a hard- relationship whatsoever to the
on that list. But that isn’t what this is right philosophy. coronavirus.
Bring this bill to the floor, and let’s So the leader’s point—and, by the
about. This is about politics.
So, Mr. President, I object. debate it. It passed the House. It is the way, with respect to the judge, yes,
The PRESIDING OFFICER. Objec- only thing that has a chance of getting Judge Barrett is, I think, everything
tion is heard. done, and if you want to make amend- that the American people want to see
The Democratic leader. ments to cut back on the money and in a Supreme Court Justice. And for
Mr. SCHUMER. Mr. President, just a help we need, we welcome that debate, him to get up here and say that she
few quick points. but don’t just block something that doesn’t have views that are supported
No. 1, no one is—we are not talking has a real chance of becoming law as by the American people, I don’t under-
about, and the American people are not opposed to the farcical exercise they stand exactly that argument because
about qualifications. We are talking engaged in on Tuesday on a totally my understanding of what a judge is
about views on issues. partisan bill that got not a single supposed to do is to take the facts of
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Do the American people want their Democratic vote. Let’s have a debate. the case, apply the law, apply the Con-
healthcare taken away from them? I yield the floor. stitution in an impartial way, and
Amy Coney Barrett has said that she The PRESIDING OFFICER. The Re- apply those as written—not to try and
disagrees with the decision to keep it. publican whip. get some perceived outcome or result
Do the American people—do Amer- Mr. THUNE. Mr. President, if I could or policy preference. That is not what
ican women want the right to choose just make one quick observation here, judges do.
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October 24, 2020 CONGRESSIONAL RECORD — SENATE S6423
What you heard him say is exactly Imagine trying to organize her sched- went right along. It was a very low mo-
why we have a difference of opinion ule around seven kids, continue to be a ment. It is one we haven’t forgotten
about the judiciary in this country be- professional, and do exceptional work. and I don’t believe the American peo-
cause they view the judiciary as an She is highly qualified, a ‘‘towering ple have forgotten, because we have re-
auxiliary legislature where you go to intellect,’’ she has been described by written the rules. Now when it comes
get outcomes and results that you her colleagues. to a Republican President, Senator
can’t get through the two political So that is what this is about. It is MCCONNELL says, why, of course he can
branches of our Government. about trying to block a well-qualified fill the vacancy. He can even fill it
Well, that is not what the judiciary Justice to the Supreme Court simply while votes are being cast in his reelec-
is. The judiciary is supposed to be inde- because they don’t like the process. tion campaign. It is an enormous de-
pendent. It is supposed to be a fair ar- And I understand that, but this is a parture from 4 years ago, and Senator
biter—it calls balls and strikes and constitutional process. This is a va- MCCONNELL comes to the floor regu-
doesn’t try and step on the scales or cancy. larly to try to explain it away, and it
write the rules of the game. That is The Constitution doesn’t follow the just doesn’t work. He will keep trying.
what a judge is supposed to be. political calendar when it comes to fill- He has no alternative.
So they don’t like this Justice or this ing vacancies, and, as you heard Leader But if most Americans tuned in to
judge, I should say—hopefully, soon to MCCONNELL point out earlier today, this session this morning and after-
be Justice—because they think she is precedent on this issue, on confirming noon, I am not sure they would dwell
going to rule a certain way on par- a nominee by a President to a vacancy on the rules of the Senate or the rules
ticular cases, and they have no idea created in an election year, the prece- of the Senate Judiciary Committee.
about that. dent falls all one way, if you go back They would probably be asking them-
I mean, think about it. The same ar- throughout history. selves and members of their family a
gument has been made against Repub- So just so people know, every time very basic question: What is wrong
lican nominees to the Supreme Court, they get up and offer a unanimous con- with the Senate? Doesn’t the U.S. Sen-
literally, for the last 30 or 40 years. sent request to call up a piece of legis- ate know what is going on across
Every single time a Republican Presi- lation, it has nothing to do with the America?
dent nominates an individual to the legislation, because they have already This morning’s New York Times
Supreme Court, the Democrats and the moved to adjourn multiple times this front page: ‘‘New Peak for US Cases:
left get up and say: They are going to week, meaning they want to get out of Over 82,000 in a Single Day. 13 States
cut healthcare. They are going to de- town. They don’t want anything to do Endure Their Worst Week Yet—Warn-
stroy healthcare. They were saying with this Supreme Court. So they are ings of a Cold-Weather Surge.’’
that about Justices on the Supreme going to get up and say Republicans The article—of course referring to
Court that vote with their wing more are blocking this or that. As I pointed COVID–19—says:
than anybody else. They said that out, the first one that was offered was The United States is in the midst of one of
about Chief Justice Roberts. He was a bill to deal with the coronavirus and the most severe surges of the coronavirus to
going to kill healthcare. He was going provide relief to people across this date, with more new cases reported across
to destroy healthcare for millions of country, which, by the way, we just the country on Friday than on any other sin-
Americans. voted on 2 days ago—3 days ago here in gle day since the pandemic began.’’
He cast the deciding vote to uphold the U.S. Senate. They blocked even We sit here arguing about the rules
the Affordable Care Act, otherwise getting on the bill—not considering the of the committee and the rules of the
known as ObamaCare. substance of it, which, by the way, as I Senate and who came first and who
So they don’t know what a judge is said, includes a lot of bipartisan objec- shot whom. The American people
going to do. But I know what she is tives and priorities; they blocked even would like us to focus on something
going to do because she has proven it considering. that has real relevance to their lives.
as a judge on the appellate circuit, the So that is what this is about, and I Listen to some of the things that
Seventh Circuit, as an academic, in her expect that is what we are going to were reported this morning in this
writings, that she believes the role of a hear today, tomorrow, and the next newspaper about what is going on
judge is to take the facts of a case, day, but it is not going to deter us from across America when it comes to this
apply the law, apply the Constitution, the important work we have at hand. coronavirus:
as written, impartially, and to render a I yield the floor. On Thursday, the same day that
decision. The PRESIDING OFFICER. The President Trump said the coronavirus
That, to me, is what I think every Democratic whip. was ‘‘going away’’ and Joseph Biden
American believes we ought to have in Mr. DURBIN. Mr. President, I lis- warned of a ‘‘dark winter ahead,’’ the
a Supreme Court Justice. So, yes, this tened carefully to the Senator from United States recorded one of its high-
may be fair game for them to come Kentucky in his statement on the floor est daily totals of new cases—75,064. By
down here and offer up all these mo- this morning. It was a lengthy defense Friday evening, a new peak in the pan-
tions that we are going to hear repet- of the procedure that is being followed demic had been reached when more
itively today, none of which has any- in terms of the nomination of Amy than 82,000 cases in a single day were
thing to do with the issues that they Coney Barrett to the Supreme Court. It reported nationwide, breaking the
are going to say they want to talk is not the first time he has made this daily record set on July 16 by more
about but everything to do with the historic defense, and clearly he is going than 3,000 cases. Thirteen States have
fact that we are considering an incred- to continue. He obviously feels that he had more new infections in the past
ibly well-qualified—not by my opinion is on the defense when it comes to ex- week than in any other 7-day stretch.
but by everybody who has ever worked plaining. I think he is. I think every- Hotspots are emerging across the coun-
with her, including the dean of the one remembers Merrick Garland and try. Officials in Kentucky—Kentucky—
Notre Dame Law School who hired her, the pronouncement by Senator MCCON- announced more than 1,470 cases on
the ABA—the American Bar Associa- NELL and all of the Republican Sen- Thursday, the biggest 1-day jump in
tion—which passes judgment on all ators that Barack Obama did not have that State. More than 1,300 cases re-
these nominees, her colleagues on the the authority in the last year in office ported in Colorado—another single day
Seventh Circuit, staff, everybody this to fill a vacancy on the Supreme Court. record. In the State of Washington,
person has ever interacted with, stellar We sent the name ‘‘Merrick Garland’’ Governor Jay Inslee tweeted that the
recommendations. This is an incredibly to the Hill. Senator MCCONNELL let the State had passed the 100,000-case mark,
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qualified individual and somebody, by word go out that he would not even adding that ‘‘we all need to commit to
the way, who I think can be relatable meet with the man in his office. He having fewer, shorter, safer inter-
to the American people because she would not show him the respect of actions, especially as the weather
deals with the same issues that all meeting with him. Two or three Repub- keeps us inside more often.
Americans do, trying to raise seven lican Senators broke with that com- Mr. President, that is what is hap-
kids. Imagine that. mand from Senator MCCONNELL. Most pening in America. It is not what is
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S6424 CONGRESSIONAL RECORD — SENATE October 24, 2020
happening on the floor of the Senate. and you voted no. People, at the bot- this pandemic. Having lost 220,000
We are embroiled in a political con- tom line, say: Grow up and do some- American lives, my concern and the
troversy over a Supreme Court nomi- thing to help America. concern of everyone is to keep our fam-
nee instead of focusing on the deadly We know what it takes to reach an ilies safe. The first question we ask one
situation that is going on across our agreement, as we found on March 26 another is, You do have health insur-
Nation. when we passed the CARES Act. It ance, don’t you? It is the obvious ques-
I have spoken to Governor Pritzker, passed in the Senate by a vote of 96 to tion.
the Governor of Illinois, regularly nothing—a bipartisan, strong vote, not I remember a time in my own life,
about his battle to try to find equip- a single dissenting vote—$3.3 trillion to newly married, law student, my wife
ment and treatment for the people in address this pandemic and our econ- and I blessed with a little girl who
our State. It is a lonely, unpopular bat- omy. We rose to the occasion. I went came pretty quickly, and she was pret-
tle that he fights. This Governor in Il- home, and people were amazed. You ty sick, and we had no health insur-
linois and Governors across the Nation mean you actually did something in ance—no health insurance. She was
have to stand up—if they are respon- the Senate? Yes, we did. treated by local hospitals here in
sible—have to stand up and say to the How did we reach that point? It Washington, where I was going to law
people, the residents of their States, wasn’t through the regular order; it school, and they called me in one day
some things they don’t want to hear. was through honest, serious negotia- and said: Well, since you don’t have
I don’t like wearing these masks— tion that took place between the White any health insurance, you have three
most people don’t—but it is a simple, House and the leaders in Congress. But options: You can declare bankruptcy
effective way to dramatically decrease since then—since then—we have not with all these medical bills.
the spread of this virus. I don’t like the seen that. There has been one group I said: That doesn’t sound right to
notion of social distancing, and I cer- who has stayed away from all of the me. I haven’t even taken the bank-
tainly don’t like the idea of being away negotiations around the table. The ruptcy course in law school. What else?
from my grandkids and the rest of my White House is there. Secretary Well, you could file—we think you
family, but if it means keeping them Mnuchin is there. Speaker PELOSI is qualify for welfare, Medicaid.
alive, I will do it, as painful as it may there. CHUCK SCHUMER, the Democratic That doesn’t sound right either. I am
be. These are the simple, basic things leader of the Senate, is there. The Re- training to be a lawyer. I am supposed
that we are now debating from one end publicans have refused to sit down and to end up with a good paying job at
of America to the other. negotiate at the table. some point in my life. Going on welfare
This coronavirus situation has That is how it gets done around here. in law school? What is the other op-
reached such a terrible state that yes- People sit down and work out their dif- tion?
terday, when the director of public ferences and put a bill on the floor and Well, the only other option is, we will
health for the State of Illinois gave her pass it 96 to nothing. But Senator total up all your bills, and you can pay
daily briefing—Dr. Ezike is her name. MCCONNELL has steadfastly refused to them back to us over a period of years.
She is a wonderful African-American attend these negotiating sessions. It took us 10 years—10 years to pay
doctor who has just been steadfast KEVIN MCCARTHY, the House Repub- those bills because I had no health in-
through this whole battle against the lican leader, joins him. So they boycott surance. Did I remember that moment?
pandemic. In the middle of her presen- the sessions and come to the floor with I remembered it for the rest of my life,
tation about what was facing our a take-it-or-leave-it, partisan amend- to be a father and a husband without
State, she broke down crying. I would ment in order to cover some political health insurance and a sick baby,
have too. She turned her back for a concerns back home. What a shame. thinking, my goodness, is this going to
moment and tried to compose herself. What a waste. keep the good doctors away? Will she
She could barely finish her press con- When Senator MCCONNELL announced get the treatment she needs to survive?
ference. She begged the people of my just a few days ago to the White House, That is what we are up against now,
State of Illinois: Please, if for no other stop negotiating; there will be no bill because the Affordable Care Act, which
reason, for the sake of the healthcare before the election; there will be no I voted for 10 years ago on this floor,
professionals who risk their lives to COVID relief before the election, peo- extended health insurance to 23 million
treat these people, please help us put ple back in Illinois said to me: What is Americans—600,000 in the State of Illi-
an end to this virus. he thinking? Doesn’t he understand the nois—and it changed health insurance
Last Saturday, a week ago today, one reality of what is going on in States for everybody because now the health
of my dear friends for years and years like Illinois, Wisconsin, Michigan, and insurance companies have lost some of
was feeling sick. She called her daugh- across the Nation, the infection rate, their tricks of the trade. They can no
ter and said: I think I need to go to the the death rate, hospitals being pushed longer put a lifetime limit on how
hospital. Her daughter took her to the to the limit? No. Clearly that is not a much they pay out. They can no longer
major hospital not far from their home priority for Senator MCCONNELL and discriminate against a person because
for admission because of lung prob- Senate Republicans. The priority is not they happen to be a woman. They can
lems. The hospital would not accept the millions who are at risk. The pri- no longer discriminate based on pre-
her. All the rooms were full. She then ority is not the hundreds who are existing conditions. They have to pro-
went to the second largest hospital in dying. The priority is one Supreme vide family health insurance, the op-
the area, asking if she could be admit- Court nominee. So we are bound to tion to keep kids on the policy until
ted and treated. They would not accept spend 5 straight days on that issue and they reach the age of 26. That affects
her. All the rooms were full. She fi- not a minute of that time dealing with all policies.
nally made it into the third hospital. COVID–19. How do you explain that to So what has been the approach of the
She survived until Tuesday morning, the American people? I don’t believe Republicans, particularly this Presi-
when she passed away. you can. dent? He wants to eliminate that. What
In the United States of America, that I could go through the lengthy his- I have just described, he wants to
someone who had health insurance, tory—I will put it in the record—of this eliminate. Don’t take my word for it; it
was prepared to pay, could not even be Barrett nomination, but I will just has been filed in a case across the
admitted to major hospitals because of state that when it comes right down to street, Texas v. California. A group of
this coronavirus pandemic—and we are it, we cannot explain how we are going Republican attorneys general came for-
sitting here on the floor arguing about to leave here Monday night voting on ward and said: We want to eliminate
who was appointed by which President one nominee but empty-handed when it the Affordable Care Act. And the Presi-
ctelli on DSK11ZRN23PROD with SENATE
100 years ago? Do you wonder why peo- comes to COVID–19. There is no ex- dent said: I am going to join you. Let’s
ple look at the Senate and say: You are cuse—no excuse for that. That is where get rid of it.
irrelevant. You are not even addressing we find ourselves. They tried to, on the Senate floor, in
the issues we care about. I want to tell a story on why the 2017. It is one of those moments etched
And the procedural play here means nomination of Amy Coney Barrett di- in my memory, sitting down there at
nothing. Oh, I offered an amendment, rectly links up with my concern about that desk. I looked at that door over
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October 24, 2020 CONGRESSIONAL RECORD — SENATE S6425
there, and it opened at 1:30 a.m., and that she gets coverage even with that We sent our letter after the Supreme
John McCain, Republican Senator from medical history. It also allows her 23- Court rejected President Trump’s ef-
Arizona, walked through that door, year-old son to stay on the family plan. fort to end deportation protections for
stood in the well. He could barely lift Here is what she says to me: Dreamers. In the opinion by Chief Jus-
that right arm, which had been shat- Most of the time I feel driven. Making wine tice Roberts, here is what he said about
tered when he was a prisoner of war. He and running a winery is more than just a job. the actions of the Trump administra-
lifted it just enough to say ‘‘no.’’ That It’s my purpose. I am more scared than I pre- tion on DACA. Here is what he said: ar-
tend to be, and that is how I make it
‘‘no’’ saved the Affordable Care Act bitrary and capricious. That was the
through. I pretend that everything is OK.
from being eliminated by the Senate. But this year, it is harder to pretend that ev- description.
So where do they turn if they can’t erything is going to be OK. I am worried I joined with Senator Dick Lugar, a
get it done in Congress? Off to the about the future. I am worried about money. Republican, years ago, asking for the
courts. And why is that important in I am worried that I won’t be able to afford to President to create DACA. President
terms of this nomination of Amy fight cancer. I am worried about taxes, Obama responded by creating it by Ex-
Coney Barrett? Because they are bound health insurance changes, and being at the ecutive order. Sadly, President Trump
mercy of insurance companies. eliminated it, and, literally, hundreds
and determined to fill that vacancy on
the Court before November 10. Why No- For Americans like Susan, with a of thousands of young people have
vember 10? Because that is the day the family, a business, and preexisting con- their fate in doubt because of it.
Court takes up the oral arguments on ditions, there is so much at stake with The same thing is true when it comes
the future of the Affordable Care Act. this case pending before the Supreme to temporary protected status for peo-
And if she is not in her black robe lis- Court and the judges and Justices who ple in the United States.
tening to that argument, by tradition will vote on it. This administration has been a
Susan, bless you—she just can’t af- scourge when it comes to the issue of
she can’t vote on whether to eliminate
ford for this Court to strike down the immigration, particularly inspired by
it or not.
She sent plenty of signals in the past Affordable Care Act. Where will she Stephen Miller, a person I could never,
about what she feels about the Afford- turn? ever understand. They have decided to
Oh, but you must conclude it. Dur- be as mean as possible and cruel when
able Care Act. To my friend from
bin, you are not telling us the whole it comes to people who are in this
South Dakota who says, ‘‘You don’t
story. Tell us about the Republican al- country having left horrible cir-
know how she is going to rule,’’ there
ternative to the Affordable Care Act. cumstances at home.
is some truth to that. She could change Tell us about their substitute, the one Now is the time for us to take up this
her mind. But I will tell you, if you that is going to save everybody so measure and to start the debate. It
were a betting person, you would say much money and provide all the same isn’t as if we have so much else to do.
the statements that she made criti- coverage—tell us about that. Well, I What we should be doing is to make
cizing Chief Justice Roberts for saving sure would like to, but I can’t because sure that we do this.
the Affordable Care Act and other it has never been written down on So, in order to proceed in consider-
statements that she has made about paper, ever. There is no Republican al- ation of H.R. 6, the American Dream
the law itself suggest that she will not ternative. They are bound and deter- and Promise Act, I ask unanimous con-
be a friend when she has the oppor- mined to kill ObamaCare with no sub- sent the Senate proceed to legislative
tunity to vote. stitute. That is why John McCain session.
Do we take that seriously on behalf voted no. He said: We owe it to the The PRESIDING OFFICER (Mr.
of 600,000 people in Illinois? You bet we American people to give them an alter- JOHNSON). Is there objection?
do. It directly relates to this pandemic native. Sadly, sadly, unfortunately, The Senator from Indiana.
and the opportunity for people across there is still no alternative. Mr. BRAUN. Mr. President, reserving
this country to have the coverage they Senator SCHUMER, earlier today, the right to object, I have only been
need. noted that there are a lot of other here a little under 2 years, and in the
I am going to tell a quick story about things we should be taking up at this time that I have been here, it has been
one of them. I have a photo of her here moment in time. I am going to men- disappointing that when it comes to
that I want to share with people. It is tion a few here this morning. These are real attempts to make legislative
a situation that she faces. I am sorry measures which passed the House of progress, so often I see that we are far
that I don’t have that in front of me, Representatives sometimes months apart in terms of how we want to go
but I am going to tell the story any- ago, sometimes over a year ago, and about it.
way, as I remember it. sent to the desk of Senator MCCON- I came here from a State like Indi-
Her last name is Danenberger. She is NELL. They were never taken up. They ana, where serving in our State legisla-
from New Berlin, IL. She is an amazing have been sitting there while we have ture and running a business for 37
young woman. She is battling breast done little or nothing on the floor of years, we seemed to get things done.
cancer. the Senate except entertain his judi- Even though we were divided, of
Here it is. Thank you. cial nominations. course, like most legislative bodies are,
When we cut corners when it comes The first one is personal to me—not we came together and did things that
to the Affordable Care Act, Susan that it affects me personally or legally, made a difference for our constituents.
Danenberger is one of the victims. She but it is related to a bill that I intro- In the time before the impeachment
is a fifth-generation farmer and wine duced a long time ago. On June 4, 2019, saga came along, COVID, and civil un-
maker. She has a great little vineyard the House of Representatives passed rest, I thought many of us were putting
and a great little restaurant, and I H.R. 6, the American Dream and Prom- our shoulders to the grindstone—and I
have been out there with my family. ise Act, with a strong bipartisan vote, am on committees like Health, Edu-
She is also a two-time cancer fighter giving a path to citizenship to Dream- cation, Labor, and Pensions—wanting
with stage IV metastatic breast cancer. ers. I introduced the first DREAM Act to weigh in on talking about some of
She has been through the gauntlet of 19 years ago. I have been reintroducing things the Democrats have brought up
medical procedures, treatments, and on this ever since. about healthcare. And, to me, again, I
complications of recent years—a dou- These are young immigrants brought think it brings in front of us dif-
ble mastectomy, radiation, IV, chemo, to the United States as toddlers, in- ferences in approach, certainly.
pulmonary embolisms, lung infections, fants, and children. The Dream and I am a believer that rather than try-
and more. Her oral chemo medications Promise Act has now been sitting on ing to get government even more in-
alone have cost her thousands of dol- Senator MCCONNELL’s desk for more volved in certain things, that we might
ctelli on DSK11ZRN23PROD with SENATE
lars every single month, even with in- than a year—more than a year. On look at what actually works in the real
surance. June 22, I sent a letter signed by all the world and works in many States, in-
As a business owner, Susan offers in- Democratic Senators calling on Sen- cluding healthcare, which I agree is
surance to her employees. She was re- ator MCCONNELL to finally bring it up probably the No. 1 issue we face in the
lieved to learn, when opening her new for a vote, and, 4 months later, Senator country. It was the No. 1 issue when I
health policy, that the ACA guarantees MCCONNELL has not even responded. was running a business.
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S6426 CONGRESSIONAL RECORD — SENATE October 24, 2020
I think there is so much com- ally brought bills to the floor. We al- tising requirements to online adver-
monality, in the sense that we have a lowed amendments. Before that, of tisements, and it would close critical
broken healthcare system. We some- course, the committee had done its loopholes in the law to further limit
times, as conservatives, are slow to work. We allowed amendments on the political spending by foreign nationals
maneuver and may not be interested in floor up or down, and we ended up de- and foreign governments to try to in-
doing things that need to be done, but liberating and voting on measures. If fluence the outcome of a U.S. election.
I think there is a time and a place for they passed here, we then had a con- Finally, the bill would prohibit de-
that. I was pleased to see, I think, that ference, and, miraculously, at some ceptive practices about voting proce-
70 or 80 Senators weighed in on trying point, they became law. That has not dures to stop individuals from pro-
to fix healthcare. But what interrupted happened here for a long, long time, viding false information about voting
that progress was several months of an and I don’t think you have seen it. rules and qualifications for voting.
impeachment saga that proved to go Maybe the Defense authorization bill is In light of these ongoing threats to
nowhere, and then we have been con- as close as it gets, though we don’t both Presidential candidates, President
fronted with the biggest health crisis, have active amendments there. Trump as well as Vice President
certainly, in a century—other issues. In this circumstance, on this bill Biden—this is a bipartisan attack.
But, in this case, I think, to me, try- which I brought before the Senate Ju- They are not just going after Demo-
ing to cut to the chase, this is clearly diciary Committee 18 years ago—18 crats or Republicans; they are going
a sequence of maneuvers that is trying years ago—it has passed the House of after all of us. Isn’t it about time we
to interject in a process of getting one Representatives and is sitting on Sen- said that we are fed up with it, and it
of the most qualified judges across the ator MCCONNELL’s desk for a year. It has to stop? That is all this bill does. It
finish line to become a Supreme Court has been referred to the Senate Judici- is bipartisan.
Justice. ary Committee, and I cochair the Im- In order to proceed to the consider-
I think the American people are migration Subcommittee with your ation of this bill in time for it to affect
watching, too. They see what goes on colleague, who is standing to your the outcome of this election, perhaps,
here. They see that, year after year, we right, from Texas. We have met once in H.R. 4617, the SHIELD Act, I ask that
seem not to deliver results. When it the last 2 years—once—and have never we proceed to consideration of it to
comes to stuff that should be simple— taken this up. So for the sake of the prevent foreign interference in elec-
when it is clear, based upon the creden- people affected by it, asking that it tions. I ask unanimous consent that
tials, especially, of someone like Amy come to the floor is not an unreason- the Senate proceed to legislative ses-
Coney Barrett, who comes from my able request. Their lives are tied up in sion.
State, who has done such an out- it. The PRESIDING OFFICER. Is there
standing job as an appellate judge, has So I would love to see regular order. objection?
impeccable credentials, and to where We haven’t seen it in so long. Most peo- The Senator from Indiana.
now this is being litigated not on the ple wouldn’t recognize it. But I under- Mr. BRAUN. Mr. President, reserving
stand your objection. the right object, as I said earlier, the
merits of who she is and how she will
I have a series, but I am only going Senate is currently considering the
handle herself as a Supreme Court Jus-
to make one more unanimous consent nomination of a highly qualified nomi-
tice—it has gotten so partisan. I think request because I see Members waiting
that really does turn people off. nee to be an Associate of the Supreme
to speak. This one is very relevant and Court. This request is another proce-
I think this is more a sequence that
very timely. dural move just to belabor the process.
maybe we are both guilty of, to where
UNANIMOUS CONSENT REQUEST—H.R. 4617
we do not roll up our sleeves and get to They voted to adjourn until after the
Mr. President, we know that foreign election four times this week, so, obvi-
the heart of the matter. I was happy to
election interference continues to be a ously, this bill, even though it may
be the first Republican to come across
real threat in America. Just this week have merits that we need to discuss,
and acknowledge that climate is an
we learned of a foreign influence cam- should not be done in this format.
issue. I formed the Climate Caucus and
paign carried out by Iran in which Continuing to consider this highly
got six other Republicans to do it. I
fake, menacing emails were sent to qualified nominee to the Supreme
think we have to be engaged in the key
Democratic voters who were told to Court is the utmost, most important
issues of the day. Again, as I said ear- vote for Trump or ‘‘we will come after
lier, we sometimes are slow to come to thing that we should do here. There-
you.’’ The origin, we are told by intel- fore, I object to proceeding to legisla-
the discussion, but in the time that I ligence agencies, is Iran.
am going to spend here, I would hope tive session.
FBI Director Wray has said that Rus-
that we do legislation in the time that The PRESIDING OFFICER. Objec-
sia has been ‘‘very active in its efforts
is there to do it and not try to interject tion is heard.
to influence the election’’ and seeks to The Senator from Illinois.
it into a process like this. ‘‘denigrate Democratic nominee Joe
I am so happy that we have this in a UNANIMOUS CONSENT REQUEST—H.R. 4995, H.R.
Biden’’—two countries up to their el- 4996, AND H.R. 1585
situation where we are going to get her bows in trying to make a mess of our
voted in on Monday, and, in the mean- Mr. DURBIN. Mr. President, H.R. 4995
election campaign.
time, I think that any of the attempts It is well past time to address this is one that passed the House from Rep-
that are made by the other side to be- threat. We spend a time of lot talking resentative ENGEL to help address ma-
labor the point just shows the Amer- about it. We could do it today by pass- ternal health gaps and disparities in
ican public what is wrong with this in- ing the House-passed SHIELD Act. rural communities. The bill would pro-
stitution. This is a bill passed in the House of vide grants at HHS to networks of
So, that being said, I do think that Representatives that would establish a healthcare providers and academic
she is a qualified nominee to the Su- duty to report election interference partners to expand obstetric capacity
preme Court. It is of the utmost impor- from foreign entities so the FBI and and improve trainings in underserved
tance that we do not belabor the proc- the Federal Election Commission are rural areas.
ess, and I object to proceeding to legis- aware when foreign powers are offering The trainings would help to address
lative session. unlawful—unlawful—election assist- implicit bias, which—more so than eco-
The PRESIDING OFFICER. Objec- ance to campaigns and other political nomic status, health status, or edu-
tion is heard. committees. cation level—can contribute to health
The Senator from Illinois. This bill would restrict the exchange negative outcomes for moms and their
Mr. DURBIN. Mr. President, I will of campaign information with foreign babies.
ctelli on DSK11ZRN23PROD with SENATE
say to the Senator from Indiana, I rec- entities by making it illegal to offer Due to lack of specialists and geo-
ognize that he is new to this body, and nonpublic campaign material to for- graphic gaps, maternal health out-
what he has seen in the Senate is not eign governments and those linked comes in rural Illinois are worse than
the Senate that I was elected to. with foreign governments. in urban areas. So when it comes to re-
There was a time—the Senator may The bill would improve transparency sponding to and tackling the urgent
find it hard to believe—when we actu- by applying existing campaign adver- health challenges of the moment,
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