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S7144 CONGRESSIONAL RECORD — SENATE December 18, 2019

Cindy Hyde-Smith, , MOTION NOT VOTING—7 , , Dan Sul- Booker Klobuchar Warren livan, , , We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the Harris Paul , . Isakson Sanders Standing Rules of the Senate, do hereby The PRESIDING OFFICER. By unan- move to bring to a close debate on the nomi- The PRESIDING OFFICER. On this imous consent, the mandatory quorum nation of Kea Whetzal Riggs, of New Mexico, vote, the yeas are 92, and the nays are call has been waived. to be United States District Judge for the 1. The question is, Is it the sense of the District of New Mexico. The motion is agreed to. Senate that the debate on the nomina- Mitch McConnell, , Thom The majority leader. Tillis, , , tion of Mary Kay Vyskocil, of New UNANIMOUS CONSENT AGREEMENT—EXECUTIVE York, to be United States District John Hoeven, Roger F. Wicker, , John Thune, Cindy Hyde- CALENDAR Judge for the Southern District of New Smith, , , Mr. MCCONNELL. Mr. President, I York, shall be brought to a close? Chuck Grassley, Kevin Cramer, Steve want to announce to all of our Mem- The yeas and nays are mandatory Daines, , . bers that by popular demand, the under the rule. The PRESIDING OFFICER. By unan- Democratic leader and I will have a bi- The clerk will call the roll. partisan agreement that we will have The legislative clerk called the roll. imous consent, the mandatory quorum call has been waived. 10-minute votes enforced tomorrow. Mr. THUNE. The following Senators The PRESIDING OFFICER. The are necessarily absent: the Senator The question is, Is it the sense of the Democratic leader. from Georgia (Mr. ISAKSON) and the Senate that debate on the nomination Mr. SCHUMER. Mr. President, I just Senator from Kentucky (Mr. PAUL). of Kea Whetzal Riggs, of New Mexico, want to let our side know that this will Mr. DURBIN. I announce that the to be United States District Judge for be strictly enforced, so we have to be Senator from New Jersey (Mr. BOOKER), the District of New Mexico, shall be here. the Senator from (Ms. HAR- brought to a close? RIS), the Senator from Minnesota (Ms. The yeas and nays are mandatory f KLOBUCHAR), the Senator from under the rule. Vermont (Mr. SANDERS), and the Sen- ator from (Ms. WAR- The clerk will call the roll. CLOTURE MOTION REN), are necessarily absent. The senior assistant bill clerk called The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. Are there the roll. to rule XXII, the Chair lays before the any other Senators in the Chamber de- Mr. THUNE. The following Senators Senate the pending cloture motion, siring to vote? are necessarily absent: the Senator which the clerk will state. The yeas and nays resulted—yeas 89, from Georgia (Mr. ISAKSON) and the The senior assistant bill clerk read as nays 4, as follows: Senator from Kentucky (Mr. PAUL). follows: [Rollcall Vote No. 409 Ex.] Mr. DURBIN. I announce that the CLOTURE MOTION YEAS—89 Senator from New Jersey (Mr. BOOKER), We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the Alexander Feinstein Reed the Senator from California (Ms. HAR- Baldwin Fischer Risch Standing Rules of the Senate, do hereby RIS Barrasso Gardner Roberts ), the Senator from Minnesota (Ms. move to bring to a close debate on the nomi- Bennet Graham Romney KLOBUCHAR), the Senator from nation of Gary Richard Brown, of New York, Blackburn Grassley Rosen Vermont (Mr. SANDERS), and the Sen- to be United States District Judge for the Blumenthal Hassan Rounds ARREN Blunt Hawley ator from Massachusetts (Ms. W ) Eastern District of New York. Rubio are necessarily absent. Mitch McConnell, John Boozman, John Boozman Hoeven Sasse Cornyn, Mike Crapo, Pat Roberts, Hyde-Smith Schatz The PRESIDING OFFICER (Mr. Brown Inhofe Schumer Rounds, , Roger F. Wicker, Burr Johnson BRAUN). Are there any other Senators Scott (FL) Cindy Hyde-Smith, Kevin Cramer, Cantwell Jones Scott (SC) in the Chamber desiring to vote? John Hoeven, Rob Portman, Dan Sul- Capito Kaine Shaheen livan, Chuck Grassley, Richard Burr, Cardin Kennedy The yeas and nays resulted—yeas 92, Shelby Carper King nays 1, as follows: John Thune, Roy Blunt. Casey Lankford Sinema The PRESIDING OFFICER. By unan- Cassidy Leahy Smith [Rollcall Vote No. 410 Ex.] Stabenow imous consent, the mandatory quorum Collins Lee YEAS—92 Coons Manchin Sullivan call has been waived. Cornyn McConnell Tester Alexander Fischer Portman The question is, Is it the sense of the Cortez Masto McSally Thune Baldwin Gardner Reed Tillis Senate that debate on the nomination Cotton Menendez Barrasso Gillibrand Risch of Gary Richard Brown, of New York, Cramer Merkley Toomey Bennet Graham Roberts Crapo Moran Udall Blackburn Grassley Romney to be United States District Judge for Cruz Murkowski Van Hollen Blumenthal Hassan Rosen the Eastern District of New York, shall Daines Murphy Warner Blunt Hawley Rounds be brought to a close? Duckworth Murray Whitehouse Boozman Heinrich Rubio The yeas and nays are mandatory Durbin Perdue Wicker Braun Hoeven Sasse Enzi Peters Wyden Brown Hyde-Smith Schatz under the rule. Burr Inhofe Ernst Portman Young Schumer The clerk will call the roll. Cantwell Johnson Scott (FL) NAYS—4 Capito Jones The legislative clerk called the roll. Scott (SC) Cardin Kaine Mr. THUNE. The following Senators Gillibrand Hirono Shaheen Heinrich Markey Carper Kennedy are necessarily absent: the Senator Casey King Shelby from Georgia (Mr. ISAKSON) and the NOT VOTING—7 Cassidy Lankford Sinema Smith AUL Booker Klobuchar Warren Collins Leahy Senator from Kentucky (Mr. P ). Stabenow Harris Paul Coons Lee Mr. DURBIN. I announce that the Sullivan Isakson Sanders Cornyn Manchin Senator from New Jersey (Mr. BOOKER), Cortez Masto Markey Tester The PRESIDING OFFICER. On this Cotton McConnell Thune the Senator from California (Ms. HAR- vote, the yeas are 89, the nays are 4. Cramer McSally Tillis RIS), the Senator from Minnesota (Ms. The motion is agreed to. Crapo Menendez Toomey KLOBUCHAR), the Senator from Cruz Merkley Udall Vermont (Mr. SANDERS), and the Sen- f Daines Moran Van Hollen Duckworth Murkowski Warner ator from Massachusetts (Ms. WARREN) CLOTURE MOTION Durbin Murphy Whitehouse are necessarily absent. The PRESIDING OFFICER. Pursuant Enzi Murray Wicker The PRESIDING OFFICER (Mr. Ernst Perdue Wyden to rule XXII, the Chair lays before the Feinstein Peters Young CRAMER). Are there any other Senators Senate the pending cloture motion, in the Chamber desiring to vote? which the clerk will state. NAYS—1 The yeas and nays resulted—yeas 91, The legislative clerk read as follows: Hirono nays 2, as follows:

VerDate Sep 11 2014 07:01 Dec 19, 2019 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G18DE6.054 S18DEPT1 SSpencer on DSKBBXCHB2PROD with SENATE December 18, 2019 CONGRESSIONAL RECORD — SENATE S7145 [Rollcall Vote No. 411 Ex.] ator from (Mr. KENNEDY), far-ranging policies. Now, by the why, YEAS—91 and the Senator from Kentucky (Mr. the mess is kind of bipartisan. We can Alexander Fischer Portman PAUL). spread the blame around. Baldwin Gardner Reed Mr. DURBIN. I announce that the Let me bring up the heart of it. When Barrasso Gillibrand Risch Senator from New Jersey (Mr. BOOKER), ObamaCare passed, President Obama Bennet Graham Roberts the Senator from California (Ms. HAR- famously said it would not increase the Blackburn Grassley Romney Blumenthal Hassan Rosen RIS), the Senator from Minnesota (Ms. deficit by one dime. That is gone. I Blunt Hawley Rounds KLOBUCHAR), the Senator from think that replaces ‘‘you can keep your Boozman Heinrich Rubio doctor if you want to’’ as the greatest Braun Hoeven Vermont (Mr. SANDERS), and the Sen- Sasse Brown Hyde-Smith ator from Massachusetts (Ms. WARREN) lie. What we did today is to repeal Schatz Burr Inhofe about $400 billion in payments to pay Schumer are necessarily absent. Cantwell Johnson The PRESIDING OFFICER. Are there for all the healthcare that is going out. Capito Jones Scott (FL) Cardin Kaine Scott (SC) any other Senators in the Chamber de- It is kind of a joke on Republicans. We Carper Kennedy Shaheen siring to vote or change their vote? are getting ObamaCare, but we are not Casey King Shelby The yeas and nays resulted—yeas 90, paying for it. Cassidy Lankford Sinema nays 1, as follows: On the other hand, as I will explain Collins Leahy Smith Coons Lee Stabenow [Rollcall Vote No. 412 Ex.] in a second, it may ultimately be a Cornyn Manchin Tester YEAS—90 joke on Democrats. Now, this concerns Cortez Masto Markey Thune me because we didn’t have a committee Cotton McConnell Tillis Alexander Fischer Portman Baldwin Gardner hearing on it, and we haven’t had a Cramer McSally Toomey Reed Barrasso Gillibrand Risch Crapo Menendez Udall floor debate, but we just committed Bennet Graham Roberts Cruz Merkley Van Hollen that for almost $400 billion that have Blackburn Grassley Romney Daines Moran Warner been used to fund Medicaid expansion, Duckworth Blumenthal Hassan Rosen Murkowski Whitehouse Durbin Murphy Boozman Hawley Rounds people getting subsidies for their Wicker Enzi Murray Braun Heinrich Rubio health insurance, and many other Wyden Ernst Perdue Brown Hoeven Sasse things, we just went poof, and it is Feinstein Peters Young Burr Hyde-Smith Schatz Cantwell Inhofe Schumer gone. NAYS—2 Capito Johnson Scott (FL) Now, some of it, like the health in- Hirono Cardin Jones Scott (SC) surance tax, was a tax that the insur- Sullivan Carper Kaine Shaheen ance industry agreed to so that the Casey King Shelby NOT VOTING—7 Cassidy Lankford Sinema Obama administration would force Collins Leahy Smith Booker Klobuchar Warren ObamaCare upon the rest of us. But Coons Lee Stabenow Harris Paul now that it has been agreed to and Cornyn Manchin Sullivan Isakson Sanders Cortez Masto Markey Tester ObamaCare is stuck, they don’t want The PRESIDING OFFICER. On this Cotton McConnell Thune to pay the tax. They would rather that vote, the yeas are 91, the nays are 2. Cramer McSally Tillis go poof. Crapo Menendez Toomey Now, people say: Wait a second. If we The motion is agreed to. Cruz Merkley Udall f Daines Moran Van Hollen get rid of that tax, maybe insurance Duckworth Murkowski Warner premiums go down. One, they don’t CLOTURE MOTION Durbin Murphy Whitehouse guarantee it, but, secondly, what we Enzi Murray Wicker The PRESIDING OFFICER. Pursuant Ernst Perdue Wyden could have done is we could have taken to rule XXII, the Chair lays before the Feinstein Peters Young that money, created reinsurance pools across the Nation, and that is esti- Senate the pending cloture motion, NAYS—1 which the clerk will state. mated to lower premiums by 10 to 20 The senior assistant legislative clerk Hirono percent. In that case, not only would read as follows: NOT VOTING—9 the insurance industry be fulfilling CLOTURE MOTION Blunt Isakson Paul their bargain—hey, you stick the Na- Booker Kennedy Sanders tion with ObamaCare, but we will help We, the undersigned Senators, in accord- Harris Klobuchar Warren ance with the provisions of rule XXII of the pay for it—you would actually be able Standing Rules of the Senate, do hereby The PRESIDING OFFICER. On this to use the money to lower premiums. move to bring to a close debate on the nomi- vote the yeas are 90, the nays are 1. That would be something good. One, nation of Stephanie Dawkins Davis, of The motion is agreed to. they would have kept their word, and, Michigan, to be United States District Judge f two, it would have been good for the for the Eastern District of Michigan. American patient, if you will. Mitch McConnell, Mike Crapo, Thom EXECUTIVE CALENDAR The other tax that has gone just Tillis, Mike Rounds, John Hoeven, The PRESIDING OFFICER. The Roger F. Wicker, Pat Roberts, John poof—$300 billion just gone without de- Thune, Roy Blunt, Cindy Hyde-Smith, clerk will report the nomination. bate, without deliberation, without a John Boozman, Tom Cotton, Chuck The senior assistant legislative clerk committee hearing, which is still there Grassley, Kevin Cramer, , read the nomination of Stephanie on Friday, and today we walk in on Todd Young, John Cornyn. Dawkins Davis, of Michigan, to be Monday, and it is poof, and we vote on The PRESIDING OFFICER. By unan- United States District Judge for the it tomorrow, and I am the first person imous consent, the mandatory quorum Eastern District of Michigan. to speak on it—is the so-called Cadillac call has been waived. The PRESIDING OFFICER. The Sen- tax. The question is, Is it the sense of the ator from Louisiana. Now, on the Cadillac tax, that is a Senate that debate on the nomination GOVERNMENT FUNDING provision under ObamaCare in which of Stephanie Dawkins Davis, of Michi- Mr. CASSIDY. Mr. President, I rise for high-cost policies, if they go too gan, to be United States District Judge to discuss the spending bill, which we high, you get taxed on them. The whole for the Eastern District of Michigan, are about to vote on, which is going to idea is to encourage wiser purchasing shall be brought to a close? increase our deficit by almost a fourth of health insurance. Now, frankly, I The yeas and nays are mandatory of a trillion dollars over 10 years and of didn’t care for the Cadillac tax. I get under the rule. which I think I might be the first the reason it was there. But 100 dif- The clerk will call the roll. speaker. We are going to vote on this. ferent economists have said that it The senior assistant legislative clerk We got it yesterday—Monday, maybe— serves a purpose across the political called the roll. and we are going to vote on it tomor- spectrum. My preference is that if we Mr. THUNE. The following Senators row. had replaced the Cadillac tax, one, we are necessarily absent: the Senator I smile because this is supposed to be would have paid for it. We shouldn’t be from Missouri (Mr. BLUNT), the Senator the world’s greatest deliberative body, getting ObamaCare without paying for from Georgia (Mr. ISAKSON), the Sen- and we have not deliberated one bit on it. Secondly, we would have gotten

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