Filibuster (Cong. Rec., June 10, 2021)
Summary
This is S4038 of the Congressional Record, Senate, June 10, 2021, with interleaved columns of floor remarks under the heading Filibuster. A Senator whose name is not printed in the text read says that Republicans and Democrats have worked together to make progress on several issues, including nominees and the Paycheck Protection Program extension. The speaker criticizes the decision on Keystone and discusses fuel supply redundancy after the Colonial outage. The speaker also describes a meeting with the Secretary of HHS about the budget, saying the deficit in it is almost $2 trillion, with the views attributed to the speaker.
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“Filibuster (Cong. Rec., June 10, 2021).”
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S4038 CONGRESSIONAL RECORD — SENATE June 10, 2021
the Obama-Biden administration as cause he wouldn’t give a meeting to governing with a Republican Senate
well, and now we are seeing it in the President Zelensky. President minority might look like. They fore-
Biden-Harris administration; that sud- Zelensky is screaming in the media: I casted unprecedented obstruction, end-
denly pipelines are bad news. am trying to get ahold of President less stonewalling, and the inability to
Well, when the Colonial Pipeline Biden, and he won’t meet with me, and get anything done.
went down a couple of days, the whole he is benefiting Russia and cutting off Now, there is nothing more popular
East Coast panicked because they Ukraine—and everybody just yawns. than the myth that Congress is unable
couldn’t get fuel when one pipeline It is quite remarkable to see the dif- to get anything done. It is pretty pop-
went down. We shouldn’t be talking ference in how our media and how indi- ular. The press, uncritically, reports it,
about how to not build pipelines; we viduals treat everyone. even when it is demonstrably false. But
should be talking about how to build And in the category of ‘‘I have never it is safe to say the vision painted by
pipeline redundancy to make sure that seen this movie before,’’ let me give our Democratic colleagues of doom and
if a pipeline goes down, we are not you one. Today, I had the opportunity gloom with a Republican Senate mi-
trapped, as Americans, with no fuel in to be able to meet with our Secretary nority of unprecedented obstruction,
the situation that we are in right now. of HHS, Xavier Becerra. We were talk- endless stonewalling, and inability to
But in the middle of this, to be able ing about the budget that he has pre- get things done—well, that hadn’t
to please the environmental left, the sented for HHS, which is enormous. In come to pass.
President of the United States shut fact, the President’s budget is larger Actually, I feel like I am doing a
down the Keystone Pipeline, and the than any budget any President has Washington Post fact check. But over
company finally gave up and said: We ever given—not even close—in the the past few months, Republicans and
are not going to invest any more overspending. The deficit total in it is Democrats have actually worked to-
money on something that we can’t fin- epic, almost $2 trillion in deficit just gether to make progress on a number
ish. from the budget, not including every- of issues.
Now, will that change America’s use thing else this year. One, I am sure the Biden administra-
of oil by one drop? No, it won’t. Amer- But in my conversation with Xavier tion would confirm that we have been
ica will use the exact same amount of Becerra, I asked him a simple question: able to confirm a number of nominees
oil that it used before. But what it will I noticed in your budget proposal you for high-ranking positions in the Fed-
do is make it more expensive to be able have changed the term that I am not eral Government with broad bipartisan
to move oil from the northern part of familiar with. You have added a term, support.
the United States to the southern part and the term that you put in your We extended the popular Paycheck
of the United States to raise prices on budget is you refer to some people as a Protection Program that was part of
all consumers. ‘‘birthing person.’’ I said: I have to tell the CARES Act, which was the major
We will still have a use of oil; it will you, I don’t know that term ‘‘birthing COVID–19 relief bill that passed over-
just raise prices. And the oil that person.’’ What does that mean? whelmingly last year on a bipartisan
moves will now move on a train or on And he said: Well, I think it describes basis. We did that because we all recog-
a truck, which uses more carbon, which itself, is what he said. nized the importance of small busi-
is more dangerous than using a pipe- I said: What is that? Is that a mom? nesses continuing to take advantage of
line. I have seen this movie before. And he said: Well, yes, that describes this lifeline until they could safely re-
In the middle of canceling out the itself. It describes the function. open.
Keystone Pipeline, the President lifted I thought, the function? That is a We took action, on a bipartisan basis,
sanctions on a Russian pipeline, the woman. That is a mom. That is not a to combat the increase in hate crimes
Nord Stream 2, which will cut off the birthing person. against Asian Americans. We provided
United States from selling natural gas My simple question was: It sounds States with additional resources to up-
to Western Europe because that was like you are trying to be politically grade their drinking and wastewater
Western Europe’s alternative. They can correct here to be able to appease infrastructure.
either buy natural gas from us or buy someone, but do you think it might And this week we passed historic leg-
gas from Russia. possibly be offensive to some women islation to improve the way we counter
The Trump administration had put and some moms to not be referred to as the threat from the Chinese Com-
sanctions on that pipeline, and so the a woman or as a mom but to be re- munist Party, the so-called Endless
pipeline had stopped construction. ferred to as a ‘‘birthing person’’ in- Frontier Act. It included a $52 billion
President Biden lifted sanctions on stead? emergency appropriation to make sure
that so now we won’t sell American And he just said: I will look into it. that we weren’t dependent on imports
natural gas; now Western Europe will Just when I think it can’t get weirder of semiconductors, which are so essen-
be dependent on Russian natural gas. around this town and the terms can’t tial to our economy and to our na-
How does that help the stability of get stranger, that is a new one on me. tional security.
Europe? How does that help American I look forward to next May, when I That is not all. The Environment and
jobs? How does that help our future? I walk down the aisle at a Hallmark Public Works Committee advanced a
have no idea. store to look for the ‘‘Happy Birthing bipartisan surface transportation bill.
In the ‘‘I have seen this movie be- Person Day’’ card that I can send to That is actually the second time—first
fore,’’ I was fascinated this week to be my mom. What an odd statement to under Republican leadership, now
able to see President Zelensky of make. under Democratic leadership—that the
Ukraine, when he found out about this What a demeaning statement to Environment and Public Works Com-
pipeline shift, which, by the way, dra- make to moms, to refer to them as a mittee has advanced a bipartisan,
matically affects Ukraine, when he ‘‘birthing person.’’ What is wrong with unanimously supported surface trans-
read about it in the press because the just calling a mom a mom? It is a pret- portation bill.
State Department and the administra- ty great term that Americans are most The Judiciary Committee that I
tion didn’t notify him that the pipeline certainly used to. And if it is the in- serve on unanimously has approved
that skips Ukraine and cuts them off, tent of Xavier Becerra to retrain Amer- three bills to support our men and
our administration—the Biden admin- icans to stop calling their mom a mom, women in blue. And two committees,
istration—approved. to call them a birthing person, I hope the Rules Committee and the Home-
President Zelensky stated to the that he loses that one big time. land Security and Governmental Af-
press he has reached out over and over With that, I yield the floor. fairs Committee, just released a bipar-
dlhill on DSK120RN23PROD with SENATE
to President Biden to get a meeting The PRESIDING OFFICER. The Sen- tisan report—127 pages long, if I am not
with him and can’t get a meeting with ator from Texas. mistaken—on the events surrounding
him. FILIBUSTER January 6.
When I read that, I had to laugh. I Mr. CORNYN. Madam President, last You would be hard pressed to count
sat in this seat during an impeachment year, our friends across the aisle paint- the number of bipartisan bills that
proceeding on President Trump be- ed a picture of doom and gloom of what have actually been introduced in the
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June 10, 2021 CONGRESSIONAL RECORD — SENATE S4039
last few months, just in 6 months of reason why people are Republicans. We supported this vital stabilizing mecha-
the Biden administration: legislation have different ideas, different prior- nism was a racist. And he gave tacit
to bring down prescription drug prices, ities, different ways of going about permission to other people to play the
enhance cyber security, which is an in- doing things, perhaps to achieve a re- race card when it comes to the fili-
creasingly scary and frightening issue, sult that we would all agree on, a dif- buster.
especially with the Colonial Pipeline, ferent means to an end. But the fact of Well, it hasn’t even been a year since
the JBS hack, and the SolarWinds the matter is, notwithstanding our our Democratic colleagues used this
hack by the Russians. preference, perhaps, to have our poli- ‘‘Jim Crow relic’’ to block an anti-
We also know we need to improve our cies succeed over those of our Demo- lynching bill. This was part of the po-
electric grid infrastructure, which we cratic colleagues, that is not always lice reform bill that Senator TIM SCOTT
have bills doing that. And then we also necessarily in the best interest of the led that was filibustered by our Demo-
have even a bipartisan bill to address American people. What is in the best cratic friends.
the humanitarian crisis on the south- interest of the American people is to I still remember being on the floor
ern border—bipartisan, bicameral. have us work together. when then-Senator KAMALA HARRIS and
These are some of the bills that I Just 4 years ago—it is amazing how CORY BOOKER, who were the chief advo-
have introduced, and when you add to time flies and how much people’s posi- cates for this anti-lynching provision
it the work being done by other Mem- tions change depending on where they in the police reform bill, were part of
bers of the Senate, you have a long list sit. Well, 4 years ago, now-Majority the core of Democrats who filibustered
of opportunities for us to work to- Leader Senator SCHUMER, the Senator that bill. They filibustered their own
gether on behalf of the American peo- from New York, said we should ‘‘build anti-lynching bill. So when somebody
ple. I believe this is the type of results a firewall around the legislative fili- wants to play the race card and say
and consensus that the American peo- buster.’’ that this is used for improper purposes,
ple had hoped for after the last election Believe me, that 60-vote requirement their own actions demonstrate the hy-
because, the truth is, neither party got looks a lot better when you are in the pocrisy of that argument.
a mandate after the last election. minority than it does when you are in The inconvenient truth for our
I know President Biden won the elec- the majority. As a matter of fact, when Democratic colleagues is that they
tion, but we have a 50–50 Senate, and President Trump was in the White have filibustered bill after bill when
Speaker PELOSI has a very slim major- House and we had a Republican major- they were the minority party over the
ity in the House. And we have a Presi- ity in the Senate, I can’t tell you how last 6 years. But I know memories are
dent who, I think, inspired all of us many times he pressed on Leader short around here. The impulse to get
when he started talking about healing MCCONNELL to eliminate the filibuster something done today may cause peo-
the separations in our Nation and ap- because it was an impediment to him ple to do things that they later would
pealing to a promise of unity. getting what he wanted done. But he regret. We certainly have seen that in
I can tell you one thing, that 2020 wasn’t looking at the long game or the the George W. Bush administration
wasn’t a mandate to pass a radical long-term consequences of doing that. when then-Leader Reid decided to raise
agenda. It was a call for us to work to- Senator MCCONNELL, on the other the bar for judicial confirmations to 60
gether. I don’t know any other way you hand, having been in the Senate a long votes for cloture and blocked a number
can interpret a 50–50 Senate. And I be- time, understood that short-term gain of George W. Bush’s judges.
lieve there is no better time for us to was not worth the long-term pain. Of course, we know how that story
get work done on behalf of our con- But Senator SCHUMER called it the ended. Ultimately, we got back to the
stituents in the Senate. most important distinction between status quo ante after we went through
There is, perhaps, the apocryphal the House and the Senate, this con- years of fights, gangs meeting and
story of George Washington, who told sensus-building mechanism known as coming up with tentative compromises.
Thomas Jefferson that the Senate was the filibuster. But, today, Senator And then, ultimately, with the use of
meant to be the saucer to cool House SCHUMER perhaps has succumbed to the the same precedent setting or the ap-
legislation, like how a saucer appar- temptation, once you are in the major- peal of the ruling of the Chair, that
ently was used at the time to cool hot ity, to say: Anything that gets in my then was used to bring the number
tea. There certainly is a lot of hot tea way, any impediment to getting what I back down to 51, where it had, in es-
in the House these days, and the fili- want, like the 60-vote requirement, we sence, been forever, when Neil Gorsuch
buster, I believe, and the 60-vote re- need to do away with it. So he has done was confirmed. So it is important for
quirement to cut off debate is core to a complete 180. Clearing the way for a us to remember that what goes around
the Senate’s ability to perform its con- radical agenda is priority No. 1. comes around here, and what might
stitutional function—to cool off the de- I understand the political pressures seem expedient today may prove to be
bate and to talk about the greater good that come within our political parties, pretty painful tomorrow.
and to force us to do something that and it is pretty clear to me that the Well, we know our Democratic col-
maybe we don’t do naturally, which is pressure on our friends in the Demo- leagues have used this so-called Jim
to force us to work together. cratic Party is from the progressive Crow relic—and, again, I think that is
The Founders understood that if you left, who want to push the party far- completely inaccurate to use it that
passed legislation on a purely partisan ther and farther to the left. But that is way. This is how the Senate functions.
basis, well, the next 2 years after the not a reason for us to give up our pre- Our Democrats are within their rights
election, the next 4 years after a new vious convictions or principles. when they employ the filibuster to kill
President, the new majority, the new Apparently, our Democratic col- countless pieces of legislation, whether
President, could simply undo it. And leagues—not all, but some of our it is pandemic relief, government fund-
we have seen a lot of that, unfortu- Democratic colleagues—apparently ing, pro-life legislation, or police re-
nately—admittedly, on both sides of have abandoned the long-held belief form. The list goes on and on.
the aisle. that the filibuster is a vital stabilizing Again, I don’t particularly like it
But when you have to get 60 votes in force, and they are on the warpath to when the minority filibusters legisla-
the Senate to pass legislation that im- eliminate it. You can tell by the lan- tion I would like to see passed, but
pacts the lives of 330 million Ameri- guage that is being used. Some have what that means is it is an invitation
cans, it strikes me that is a pretty called the filibuster a ‘‘weapon of mass and, really, a command to us to roll up
commonsense way to force us to do, destruction,’’ ‘‘a death grip of democ- our sleeves and work harder to try to
again, maybe what might seem unnatu- racy.’’ find common ground. Really, if you
dlhill on DSK120RN23PROD with SENATE
ral to us but we have to do for the ben- And here is perhaps the most des- think about it, eliminating the fili-
efit of the American people. It forces us picable description when, I think it buster is a lazy way of legislating be-
to pass bipartisan bills and makes pass- was, President Obama himself, who cause it means you don’t have to do
ing partisan bills impossible. spoke at John Lewis’s funeral, called the hard work. You don’t have to build
Now, I know both parties. There is a the filibuster a ‘‘Jim Crow relic,’’ es- bipartisan consensus. You don’t have
reason why people are Democrats and a sentially suggesting that anybody who to worry about stabilizing our laws so
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S4040 CONGRESSIONAL RECORD — SENATE June 10, 2021
that they don’t change dramatically Democrats have said they will not vote changes. The economy, the govern-
every 2 years or every 4 years depend- for it. ment, the average American family
ing on who is in charge. Who knows what might be next, would be in a constant whiplash.
So we don’t have to wonder how our whether it is packing the Supreme The requirement to get 60 votes to
Democratic colleagues felt about the Court, making Puerto Rico or Wash- close off debate in the Senate is de-
filibuster when it was of benefit to ington, DC, a State with two Demo- signed to protect our country from the
them because they made countless cratic Senators each, or whether they relatively rapid changes of majorities
statements and even put their feelings will try to use this to erode the con- and Presidents, and eliminating it
in writing. When Republicans held con- stitutional rights of American citizens, would do serious, irreparable harm, as
trol of the House and the Senate and for example, under the Second Amend- many of the quoted comments by dis-
the White House, our Democratic col- ment. But blocking these bills isn’t an tinguished Democrats have stated in
leagues were afraid the filibuster would example of Republican obstruction; it the past, if not today, at least in the
be eliminated. They were afraid we is a destructive act of political theater. past. So I agree with what Senator
would do what we did not do but that Well, thank goodness there are SCHUMER said 4 years ago: We should
which Leader SCHUMER and others are enough Democrats who are opposed to build a firewall around it.
advocating now, which is to eliminate eliminating the filibuster, apparently. But in the meantime, there is still a
the filibuster so we could get—they So it appears that Democrats don’t lot of bipartisan work being done here
were worried that we would eliminate have the votes to make this horribly in the Senate, even under the current
the filibuster to get what we wanted miscalculated rules change. Two of our rules, without the thermonuclear de-
rather than have to work together on a colleagues have made clear in their vice of blowing up the 60-vote cloture
bipartisan basis. statement that they have the courage requirement known as the filibuster.
So the shoe is truly on the other foot to stand up for what they believe is But every day that the Democratic
now that Democrats have a nominal right, despite the pressure they are re- leader wastes on political theater,
majority in a 50–50 Senate but with the ceiving from the far left. which he knows is not going to suc-
tie-breaking vote of the Vice Presi- Senators MANCHIN and SINEMA have ceed, is a day we have wasted in pass-
dent. That is why Senator SCHUMER repeatedly said they will oppose efforts ing bipartisan legislation that will ben-
gets to be the floor leader even though to eliminate the filibuster. They won’t efit all of the American people, not just
he doesn’t command a majority of Sen- accept the short-term gain for long- a partisan majority.
ators. term pain. Unlike the rest of their con- This is the world’s greatest delibera-
Back then, when Democrats were in ference, their caucus, they recognize tive body. It may be one of the last
the minority and they were worried the inherent dangers of making this ones in existence. I don’t know any
about eliminating the filibuster, 33 of strictly a 51-vote majority institution. other place in our country or around
them—33—signed a letter insisting that They seem to be following the advice of the world where Senators can come
the filibuster be preserved. Among what then-Senator Barack Obama gave down to the Senate floor and express
them was the now Vice President, then back in 2005 when then-Senator Obama their views no matter how unpopular,
Senator KAMALA HARRIS. said: no matter how politically incorrect,
Senator MCCONNELL, being an insti- If the majority chooses to end the fili- but engage in actual debate and ex-
tutionalist at heart, agreed, and he buster . . . then the fighting and the bitter- change of views, which ultimately give
never wavered to pressure from any- ness and the gridlock will only get worse. the American people the best oppor-
one, even President Trump, to elimi- The American people deserve better tunity to make up their own minds
nate the filibuster. But now the tables than that. Chipping away at the right about what policies they agree with
have turned, and so have many of our of the minority may seem expedient and who they trust to protect their
colleagues’ views on the filibuster. now, but Democrats would be sure to welfare.
Instead of resisting pressure to blow regret those changes one day, just as This is the world’s greatest delibera-
up the rules of the Senate and perhaps they now regret the day that Harry tive body. There are far more impor-
change it forever, Leader SCHUMER has Reid cleared an easy path for hundreds tant ways to spend our time than on
gladly accepted his marching orders of conservative Federal judges. political theater.
from the radical left, and he is trying In two years, Republicans could win I yield the floor.
to dismantle the longstanding rules of the majority in either or both of the The PRESIDING OFFICER (Mr.
the Senate, what makes it exceptional, Chambers. In 4, a Republican could win WARNOCK). The Senator from Nevada is
as he said, different from the House— the White House, as well. How would recognized.
way back when. our Democratic colleagues feel then f
Senator SCHUMER banked on Repub- when their rights as Members of the
lican obstruction to justify going nu- minority are disparaged and ignored? EXECUTIVE CALENDAR
clear. He is trying to set up a series of Would our Democratic colleagues sup- Ms. CORTEZ MASTO. Mr. President,
votes in order to justify going nuclear port their rule changes then? Would I ask unanimous consent that the Sen-
to change the Senate into the House, they then believe the Senate minority ate consider the following nominations
to eliminate the bipartisan command should be silenced and made irrelevant, en bloc: Calendar Nos. 118, 125, and 126.
of that 60-vote requirement. as apparently some believe now? There being no objection, the Senate
So he engaged in a lot of doom-and- Well, I find it hard to believe that proceeded to consider the nominations
gloom forecasting to predict that Re- that would be the case. The thing en bloc.
publicans would willy-nilly filibuster about power in Washington is it is The clerk will report the nomina-
Democrat legislation, but it hasn’t never permanent. Majorities and Presi- tions en bloc.
come to pass. So now he is trying to or- dents change. And there is a reason The senior assistant legislative clerk
chestrate a series of votes that are de- why the rules should stay the same. If read the nominations of Leslie B.
signed to fail. And they are just that— Democrats had the votes to eliminate Kiernan, of Maryland, to be General
designed to fail—because they don’t the filibuster, our country would face a Counsel of the Department of Com-
represent the kind of hard work that tidal wave of changes: defunding the merce; Adrianne Todman, of the Virgin
goes into building bipartisan consensus police, election law hijacking by the Islands, to be Deputy Secretary of
in the Senate. Federal Government over the States Housing and Urban Development; and
We kicked things off earlier this and local jurisdictions, tax hikes as Nuria I. Fernandez, of California, to be
week with a vote on a bill that would high as the mind can conceive, re- Federal Transit Administrator.
dlhill on DSK120RN23PROD with SENATE
exploit the cause of pay fairness to line stricted rights under the Constitution. Ms. CORTEZ MASTO. I ask unani-
the pockets of trial lawyers. You get the picture. mous consent that the Senate vote en
We will soon vote on the Democratic But when the tide inevitably turns, bloc on the nominations without inter-
Party’s attempt to seize authority which it will at some point, then the vening action or debate; and if con-
from the States to run elections. This temptation would be on the part of the firmed, the motions to reconsider be
is a bill so extreme that a number of Republicans to reverse all of those considered made and laid upon the
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