Protect and Serve Act and Coronavirus Relief — Congressional Record, Senate, December 18, 2020
Summary
Page S7685 of the Congressional Record, Senate, for December 18, 2020, includes Tillis's colloquy about the Protect and Serve Act, which would create a new Federal crime punishing assaults on law enforcement officers by up to 10 years, and up to life if death results. Tillis offers condolences for two North Carolina officers who died in the line of duty. The Senator from Illinois objects, preferring to take up the issue in the new Congress, and the objection is heard. Under Coronavirus, Cornyn says Congress should not go home for the holidays emptyhanded. Other remarks address Hong Kong refugee and asylum access.
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“Protect and Serve Act and Coronavirus Relief — Congressional Record, Senate, December 18, 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-18-crec-2020-12-18-pt1-pgs7686-85da9411ac/
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7685
and he shot both of these brave offi- ator TILLIS creates a new Federal lessly and risk their lives in the proc-
cers. Tragically, Officer Shuping died crime that would punish assaults on ess. It has happened here in the Cap-
at the scene. Thankfully, Officer Rob- law enforcement officers, including itol. It happens in every corner of
inson is recovering at the hospital. Of- State and local officers, by up to 10 America, sadly. But let’s save this for
ficer Shuping was just 25 years old—the years and up to life if death results another day. Let’s take this up in the
same age as the officer we memorial- from the offense or the offense involves new Congress, which is about to start
ized this week, Tyler Herndon. kidnapping, attempted kidnapping, or in just a few days. Let’s address this
I am just devastated by this. These attempt to kill. issue, as well as the issue of how to
brave officers had begun their careers Let me say at the outset that I had a make the plight of our law enforce-
in law enforcement and had nowhere to few seconds to communicate with my ment officers safer and more effective.
go but up. They were serving our com- colleague before this official colloquy To deal with issues involving that, I
munity, and they were doing it with on the floor. think, would be a balanced approach to
honor. I say to the Senator, I sensed in your this, which would serve justice.
We talk a lot about the sacrifice voice and what you told me how per- For those reasons, I will object.
given by law enforcement officers who sonal this is to you. This just isn’t the The PRESIDING OFFICER. The ob-
day in and day out are serving our killing of a law enforcement officer, jection is heard.
communities and putting themselves in which is a tragedy all of itself. It is Mr. TILLIS. Mr. President, I am ob-
harm’s way, and it is dispiriting to your neighborhood. It is your commu- viously disappointed in the objection
think that these fallen officers, at the nity. As you said, some of these offi- from my friend and colleague from Illi-
very beginning of their careers, have cers, you know their families, and it is nois, but I do believe that we have to
already made the ultimate sacrifice in very personal. start recognizing that something bad is
the name of public safety and commu- I want to say first, I offer my condo- happening—48 murders, hundreds of as-
nity safety. lences to the families and colleagues of saults, ambushes, premeditated at-
Families in North Carolina and in Officer Jason Shuping, who lost his life tacks.
each of our States are about to endure in Concord, NC, and Officer Tyler I do understand the idea that maybe
Avery Herndon, who lost his life in you could prosecute it through existing
their first Christmas without their
Mount Holly in the line of duty in law, your Federal or State law, but we
loved ones. We owe so much to these
North Carolina in the last few weeks. have an epidemic of ‘‘abolish the po-
families whose parents, spouses, sib-
lice, defund the police,’’ marginalizing
lings, children, and grandchildren have These are terrible tragedies.
We had a similar situation, of all the police, that suggests to me that
given everything in the line of duty.
places, in the Loop in Chicago just a even if there are pathways now to prop-
On Tuesday, when I spoke on Officer
couple of years ago—Commander Paul erly prosecute these brazen criminals,
Herndon, I said that in the next Con-
Bauer. What a spectacular man he was we have to cut through some of the
gress, I would be moving forward with
rhetoric that, honestly, I believe is the
the Protect and Serve Act again. This in service to the city of Chicago and
responsibility for some of these unprec-
act increases penalties for people who the State of Illinois. He was murdered
edented numbers of murders and as-
murder or assault police officers. But in the Loop. Unfortunately, his poor
saults.
in light of another police officer’s young family had to go through the or-
So although I am disappointed with
death—the second one in a week in deal not only of the funeral but also,
the objection today, I look forward to
North Carolina, in the suburbs, just then, of the trial of the suspect. I raise
working with my colleague on the Ju-
around the corner from where I live, 10 that only because Paul Bauer’s assail-
diciary and others to do everything we
or 15 minutes away—I think we have to ant was successfully prosecuted by the
can to pass the Protect and Serve Act
elevate the discussion now and send a State of Illinois and was given a life
and to send a very clear message to
very clear message to those who would sentence just recently.
these increasingly less safe commu-
harm police officers that if you do, As is the case in most of these situa-
nities and more threatened law en-
then there are going to be dire con- tions, to my knowledge, I would say to
forcement officers that we are going to
sequences to pay for it. We owe it to the Senator from North Carolina, every
do everything we can to make our com-
the police officers to let them know State, including his own, takes this
munities safe and to make a police offi-
that Congress cares about them. We very seriously and prosecutes cases of
cer’s job as safe as it can be.
should send this message. harm involving law enforcement offi- Thank you.
This is a simple bill. It only focuses cers. I suggest the absence of a quorum.
on those who are so brazen that they The individual responsible for shoot- The PRESIDING OFFICER. The
would murder a police officer in the ing Officer Shuping is dead. If he had clerk will call the roll.
line of duty, assault them, ambush lived, he would have been prosecuted The bill clerk proceeded to call the
them—all the things you have seen; for a capital offense in North Carolina. roll.
now 48 murders in this year alone. The individual who allegedly shot Offi- Mr. CORNYN. Mr. President, I ask
The best thing we can do is to pass cer Herndon has been indicted for first- unanimous consent that the order for
this commonsense legislation and send degree murder in North Carolina. the quorum call be rescinded.
a message to these people who are tak- So it raises the question, why is it The PRESIDING OFFICER. Without
ing away the men and women serving necessary to create a Federal crime for objection, it is so ordered.
our communities. something already being successfully CORONAVIRUS
Mr. President, as if in legislative ses- prosecuted in every State in the Na- Mr. CORNYN. Mr. President, there is
sion, I ask unanimous consent that the tion? Assaults on police officers are al- a lot going on and not enough of some
Judiciary Committee be discharged ready criminalized with enhanced pen- things we really need to go on going
from further consideration of S. 4605 alties, as they should be, and assaults on.
and the Senate proceed to its imme- on Federal officers are already Federal But I think it is worth noting again—
diate consideration; further, that the offenses. I have a lengthy list here, lest the moment be lost somehow in all
bill be considered read a third time and which I will not read to you, of all of the back and forth and all the chaos—
passed and that the motion to recon- the Federal statutes that already pro- that we have reached a watershed mo-
sider be considered made and laid upon vide for punishment up to death and a ment in the war against COVID–19.
the table with no intervening action or life sentence for those Federal officers As you know, the first successful vac-
debate. who would be shot or harmed in any cine was approved last week. I watched
The PRESIDING OFFICER. Is there way. online as the Vice President of the
dlhill on DSK120RN23PROD with SENATE
objection? So let me say this to my friend and United States and his wife received the
The Senator from Illinois. colleague from North Carolina: I thank vaccine. I applaud them for dem-
Mr. DURBIN. Mr. President, reserv- you for standing up on the floor and onstrating their confidence, which
ing the right to object, the Protect and bringing this matter to our attention. should be all of our confidence, that
Serving Act of 2020 that has been of- We should never overlook the fact that this vaccine is not only effective but
fered by my colleague and friend Sen- these men and women serve us self- also safe.
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S7686 CONGRESSIONAL RECORD — SENATE December 18, 2020
In my State of Texas, it is estimated bolstered unemployment insurance agree on the things we agree on. I
that there will be a million people vac- benefits, and even gave the option to think they expect us to do that.
cinated by the end of this month. That defer student loan payments with no We all understand that our workers
is a modern medical and logistical mir- penalty. We knew people needed help, and many people have had the rug
acle. and we acted responsibly, I believe. pulled out from under them. They had
Yesterday—the news keeps getting We also supported our wobbly econ- no money coming in the front door.
better—the FDA’s expert advisory omy with the assistance for the Main They are worried about paying the rent
panel recommended the Agency ap- Street businesses through the Pay- or mortgage. Their kids are at home
prove a second successful vaccine, check Protection Program and loans going through virtual schooling. I
meaning millions more doses, over and for the industries that our States and mean, it is tough on a lot of people. It
above the Pfizer vaccine, could be Country rely on. is not so tough if you are a Member of
headed out the door in a matter of But as time has gone on, much of the Congress and are receiving a paycheck.
days, if not hours. funding provided by those bills has run But for millions of our constituents
The light at the end of the tunnel is out. As I said, we didn’t know in March back home, they have been waiting and
getting bigger and brighter every day, how long this was going to last, either waiting, and they have been hurting
but we are not out of the dark yet. As the public health challenges or the eco- because we have not been able to get
we know, tragically, more than 300,000 nomic challenges associated with it. our act together.
Americans have lost their lives to this But we have a better picture of what is The second round of the job-saving
virus. Millions have lost their jobs and needed now and we need to act and act Paycheck Protection Program would
their livelihood. Countless small busi- soon—money for schools, vaccine dis- help a lot. It would help our small busi-
nesses have permanently closed their tribution, and for airlines, which, nesses, throw them another lifeline.
doors, and the devastating impact of through no fault of their own, are see- That was really one of the most pop-
the virus across the country is growing ing their ridership plummet. They need ular parts of what we were able to do in
day by day. help. Each of these are worthy of our March.
Earlier this year, we were able to best efforts to help. As the Presiding Officer will remem-
come together in four separate pieces Critical provisions that supported ev- ber, we appropriated $350 billion and it
of legislation in a bipartisan—nearly erything from unemployment benefits went in 2 weeks. So we appropriated
unanimous—manner and respond with to the Paycheck Protection Program another $320 billion to provide loans to
the sort of alacrity and speed and with have already lapsed or are within just small businesses and incentives for
the scope that I think our constituents a few days of doing so. I know people them to maintain their payroll so peo-
expected us to. We didn’t exactly know wonder: Why does Congress wait so ple would have income and so that
how big we needed to go. We just knew long, to the 11th hour to act? those small businesses, once we got the
we needed to go big and we needed to Well, call it human nature, call it virus in the rearview mirror, would
go fast. stubbornness, call it politics, call it still be around and help rebound our
We appropriated more than $3 trillion what you will, but deadlines do force economy.
of coronavirus relief. We didn’t know action, especially here in the Congress. In Texas alone, there were 417,000
how long the virus was going to last. I believe we are on the cusp of positive Paycheck Protection loans—$41 billion
And when we tried to offer additional results for the American people. worth. The average loan was $115,000;
aid to the American people, unfortu- For months now, disagreements on although, I was on a Zoom call with
nately, the partisan dysfunction that what the next relief bill should look some in the Texas Bankers Associa-
sometimes creeps in—particularly, in like have stopped us from making tion, and one of them told me that
the days leading up to a national elec- progress. Unfortunately, I think it was their smallest loan was $300. I am sure
tion—prevented us from providing that more about the election and stoking there is an interesting story behind
relief. the fears and anxieties of the American that. The point is this was needed help,
But the election is over, and it is electorate in the run up to the elec- and it has run out.
time for us to do our jobs. Really, we tion. I think that is what prevented us Then we need another investment in
need to build on our past success. from passing additional bills after the vaccine distribution. The logistical
The bills culminating in the CARES CARES Act in March. challenge of getting this vaccine
Act in March bolstered our healthcare Then NANCY PELOSI and the House around the country is mind-boggling,
response by making testing free of passed the Heroes Act, which every- but we can see it is already working be-
charge. Remember that used to be the body recognized—the mainstream cause of thorough planning and good
watchword, what people would con- media and even Democrats acknowl- execution, but they need more money
tinue to say day after day after day: edged—was not going to go anywhere. to make sure that we get the job done.
testing, testing, testing. You are not That was another $3 trillion bill that We also need to make sure that
hearing that anymore because testing helped the nascent marijuana industry, schools, particularly as people feel
is ubiquitous. providing tax cuts to the wealthy peo- more comfortable going back to school
We provided vital funding for hos- ple living in high-tax jurisdictions like in person, get additional support so
pitals and armed our medical workers New York and San Francisco. It was they can bring the children back into
with the personal protective equipment clearly not designed to pass, but rather the classrooms and keep them and the
they needed to sustain this fight on the to send a message. teachers and other employees healthy
frontline. We poured funding into re- Well, we knew we needed a targeted at the schools.
search and development of vaccines, bill to send relief to those who needed We know virtual learning has been a
therapeutics, and treatment. And by it most, without driving up govern- disaster, particularly for low-income
any measure, those efforts have been a ment spending even higher than nec- students. Unfortunately, broadband is
success. essary. Over these last several months, not universally available in the United
While, as I said, the number of people too much of the discussion has been fo- States, and there are parts of my State
testing positive has gone up pretty dra- cused on the areas where we disagree wherein as many as a third of the stu-
matically, the death rate has remained and, truthfully, there is no such thing dents don’t have access to broadband.
much lower than it was in the early as a perfect bill. You can always find a So how in the world are they going to
days of the virus. That is because, I be- reason to say no. continue their educations? Local offi-
lieve, the treatments have improved, But I don’t believe that is the reason cials and State officials have tried to
the therapeutics are working, and our our constituents have sent us here. help, leaving parking lots outside of
dlhill on DSK120RN23PROD with SENATE
healthcare providers are learning how They want us to be responsible. They the school libraries available so you
to treat people with the virus in ways want us to be careful with their tax can drive up and gain access to the Wi-
that are saving lives. dollars, but they do want us to act in Fi from the schools, or they have dis-
The work we did up through March their best interests by trying to find tributed hotspots so that, if you get ac-
buoyed the workers and families who ways to build consensus—even when we cess to cellular service, you can actu-
needed the help with direct payments, can’t agree on everything, to at least ally tie into Wi-Fi and get online and
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December 18, 2020 CONGRESSIONAL RECORD — SENATE S7687
continue your studies. Yet, for many of The American people have waited long journalists, and teachers. Despite its
our young people, these school enough. We can’t let them down again. name, the national security law is not
lockdowns have been a disaster in We are on the 5-yard line, and we need about security; it is about fear—fear of
terms of their educations. So we need to deliver. We need to get this done and the voices in Hong Kong calling for re-
to do more in that area as well. get this done soon. form of democracy and freedom.
Common sense tells us that, when I yield the floor. I believe my colleagues on both sides
you are sitting across the table, negoti- I suggest the absence of a quorum. of the aisle share my feelings about the
ating with somebody, if 80 percent of The PRESIDING OFFICER. The crisis in Hong Kong, but the question
what you are talking about is agreed clerk will call the roll. today is, What are we willing to do
to, the process should move along pret- The senior assistant legislative clerk about it?
ty quickly because nobody gets 100 per- proceeded to call the roll. Last week, on a unanimous voice
cent of what one wants around here. It Mr. DURBIN. Mr. President, I ask vote, the House of Representatives
is just not possible. While it is unfortu- unanimous consent that the order for passed the bipartisan Hong Kong Peo-
nate it has taken us so long to reach the quorum call be rescinded. ple’s Freedom and Choice Act, which
this point, I am encouraged that The PRESIDING OFFICER. Without would grant temporary protected sta-
maybe, just maybe—now with the objection, it is so ordered. tus to Hong Kong residents currently
deadline for government funding run- UNANIMOUS CONSENT REQUEST—H.R. 8428 in the United States and provide an op-
ning out tonight at 12 midnight—this Mr. DURBIN. Mr. President, we had a portunity for refugee status to
is forcing action and that a deal is in hearing this week, the Immigration Hongkongers facing persecution.
sight. Subcommittee of Senate Judiciary, At Wednesday’s Judiciary Committee
There has been more bipartisan co- and Senator BLUMENTHAL was there hearing, we received a clear message:
operation and communication over the with me and others. We listened to peo- Congress needs to pass the Hong Kong
last several days than there has been in ple from Hong Kong tell the story of People’s Freedom and Choice Act in
the last several months. A lot of people what is happening because of the re- the Senate now. We can do it. In fact,
have put a lot of effort into this on a pressive regime in Beijing and what is we can do it today. Think about the
bipartisan basis, and now the decision happening to those in Hong Kong who message it would send from the United
is with what we call the ‘‘four cor- are demonstrating in favor of democ- States to Hong Kong and to the world
ners’’—rank-and-file Members of the racy. if we sent this bill to the President’s
House and Senate. We are not going to This hearing on the crisis in Hong desk to be signed into law. It is bipar-
have a chance to amend this deal. It is Kong also raised a lot of questions tisan. It was unanimous in the House.
going to be proposed by Speaker about the United States and our own It is timely, and it addresses a real
PELOSI, Democratic Leader SCHUMER, immigration and refugee policy toward problem.
Leader MCCARTHY, Majority Leader those who are being persecuted. Under the bill, Hong Kong would be
MCCONNELL, and the White House. So I At the hearing, there was some pow- designated for TPS for 18 months. To
am sure it is not going to be perfect. erful testimony. I recall one of the wit- qualify for TPS status, eligible
Unfortunately, we will not have a nesses, Mr. Chu, who said that he was Hongkongers currently in the United
chance to make it better. I hope the aware of students—Chinese students— States would need to first clear a
partisan divisions that have paralyzed currently in the United States who criminal history and national security
Congress for much of the year do not have already been designated as en- screening and pay a $360 filing fee.
rear their ugly heads in these final emies of the state by China and who, if Some of the critics have said: We
hours and at this critical stage of nego- they are forced to return to China, will can’t trust the Chinese in the United
tiation. face prosecution, imprisonment, and States. They may be spies.
There is too much at stake for us to who knows. It was a very personal That is why we require, under the
go home for the holidays emptyhanded. story because these people are friends TPS, that anyone applying for this
There are too many people who are of his who, through no fault of their TPS status has to go through a crimi-
hurting, too many people who are anx- own, only speaking out against the re- nal background check and a national
ious. The number of people having gime in Beijing, now will face long security screening.
overdosed by self-medicating since the prison sentences if forced to return to I want America to be safe—we all
virus hit is, I think, about 80,000, I China. do—but just to categorically say ‘‘If
read. You can imagine people self- I am amazed, as I meet these people you are from China or from Hong Kong,
medicating, whether it is with alcohol from China and Hong Kong, at the you are a suspicious character, and we
or drugs or people who are trapped courage they show. Mr. Chu, for exam- don’t want you to stay here’’ isn’t fair.
with an abuser, either a spousal abuser ple, had come to the United States— It isn’t realistic.
or a child abuser. Because they are not been sent to the United States by his Sixty-seven hundred students are
going to school, their teachers can’t father at the age of 12 because his fa- here now legally in the United States
look for signs of that abuse and get ther had made a practice of helping the from Hong Kong and China, and they
them help. Reports of child sexual Chinese who had demonstrated on were admitted to the United States
abuse are down 40 percent. It is not be- Tiananmen Square and providing the under standards and investigations.
cause it is not happening; it is because equivalent of an underground railroad They are students at our universities,
kids aren’t in school, where teachers for them to escape China. I guess the and they would qualify for this impor-
and others can come to their aid. people in Beijing were on his heels, and tant temporary humanitarian protec-
I can only imagine a single mom, so to protect his family, he sent his 12- tion so that they aren’t forced to re-
say, with three kids of different ages at year-old son to the United States, who turn to a literally dangerous situation.
home, trying to continue their edu- has lived here for a number of years. TPS can be granted by the President
cations, but she is worried: How do I He is an American citizen now. if he wishes, but the Trump adminis-
keep working—maybe she is an essen- This repression and the Chinese Gov- tration has failed to protect
tial worker—so she can pay the bills to ernment meddling in the lives of the Hongkongers in need.
put food on the table and pay the rent. people of Hong Kong are appalling. This bill also establishes expedited
Can you imagine the chaos and stress? Thousands of protestors in Hong Kong refugee and asylum access for qualified
There is too much at stake for us to have been persecuted for fighting for individuals and their family members.
go home for the holidays emptyhanded. the liberties that we Americans rou- This would enable persecuted
We need to remember we are not here tinely say we enjoy—freedoms of as- Hongkongers to register with any U.S.
dlhill on DSK120RN23PROD with SENATE
for our benefit; we are here for the ben- sembly and speech, the right to vote, Embassy or Consulate, or with the De-
efit of the people we are honored to due process, and the rule of law. partment of Homeland Security if they
represent—in my case, 29 million Tex- The national security law imposed on are in the United States.
ans. We have a fiduciary responsibility. Hong Kong by the Chinese Communist Refugees and asylees would be re-
We are in a position of trust. They Party in June has enabled the ruthless quired to meet all legal requirements
have entrusted us with their welfare. abuse of protesters, political leaders, and pass background checks before
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