E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, SATURDAY, JANUARY 20, 2018 No. 13 Senate The Senate met at 12 noon and was House message to accompany H.R. 195, a inches away, but then the Democratic called to order by the President pro bill to amend title 44, United States Code, to leader took the extraordinary step of tempore (Mr. HATCH). restrict the distribution of free printed cop- filibustering this legislation, pre- ies of the Federal Register to Members of venting it from passing, and plunging f Congress and other officers and employees of the United States, and for other purposes. the country into this totally avoidable PRAYER mess. Pending: The Chaplain, Dr. Barry C. Black, of- The House of Representatives, the fered the following prayer: McConnell motion to concur in the amend- President, and a bipartisan majority of ment of the House to the amendment of the Let us pray. Senate to the bill. Republican and Democratic Senators Lord God, You are the God of our sal- McConnell motion to concur in the amend- all agreed on a compromise bill that vation. Guide our lawmakers to trust ment of the House to the amendment of the would have prevented a shutdown. It in Your mercy and not in themselves. Senate to the bill, with McConnell amend- would enable Congress to do the com- Fix their hope in Your love and power, ment No. 1917 (to the House amendment to monsense thing—keep negotiating not primarily in human resources. the Senate amendment to the bill), of a per- other issues while also providing for Lead them around the detours that fecting nature. our troops, our veterans, and literally McConnell motion to refer the message of bring confusion, chaos, and destruc- the House on the bill to the Committee on millions of vulnerable Americans—but tion. Placing their trust in You, help Appropriations, with instructions, McCon- the Democratic leader instead chose to them to do nothing without desiring nell amendment No. 1918, to change the en- filibuster the bipartisan bill. Your purpose to be accomplished. actment date. So here we are, day one, and already We pray in Your strong Name. Amen. The PRESIDING OFFICER. The Sen- funding is in jeopardy for our veterans f ator from Pennsylvania. because the Democratic leader filibus- Mr. CASEY. Mr. President, I suggest tered a bipartisan compromise that a PLEDGE OF ALLEGIANCE the absence of a quorum. majority of Senators supported and The President pro tempore led the The PRESIDING OFFICER. The chose instead to shut down the govern- Pledge of Allegiance, as follows: clerk will call the roll. ment. Of course, low-income families I pledge allegiance to the Flag of the The senior assistant legislative clerk across America woke up today without United States of America, and to the Repub- proceeded to call the roll. the knowledge that their children’s lic for which it stands, one nation under God, Mr. MCCONNELL. Mr. President, I healthcare is safe, all because the indivisible, with liberty and justice for all. ask unanimous consent that the order Democratic leader filibustered a bipar- f for the quorum call be rescinded. tisan compromise that a majority of The PRESIDING OFFICER. Without Senators supported and chose instead a RESERVATION OF LEADER TIME objection, it is so ordered. government shutdown. The PRESIDING OFFICER (Mr. RECOGNITION OF THE MAJORITY LEADER Yesterday, my friend the senior Sen- DAINES). Under the previous order, the The majority leader is recognized. ator from New York tried to insist a leadership time is reserved. Mr. MCCONNELL. Mr. President, shutdown was anybody’s fault but his f well, here we are. Here we are, day one own—anybody else but me, he said. He of the Senate Democrats’ government blamed President Trump because the CONCLUSION OF MORNING shutdown. We did everything we could President wouldn’t resolve months of BUSINESS to stop them. We put forward a non- ongoing negotiations over massive The PRESIDING OFFICER. Morning controversial bill that contains noth- issues in one brief meeting and give the business is closed. ing—nothing—they even claim to ob- Senator everything he wanted. He f ject to. It would continue funding the blamed Republicans in Congress, as Federal Government and secure the fu- though everybody didn’t know the Sen- FEDERAL REGISTER PRINTING ture of the State Children’s Health In- ate rules allow the minority party, if SAVINGS ACT OF 2017 surance Program for the vulnerable they choose, to obstruct the American The PRESIDING OFFICER. Under families who rely on it. people’s business and filibuster for the previous order, the Senate will re- The bill passed the House, the Presi- their own political purposes. It is pos- sume consideration of the House mes- dent said he would sign it, and a bipar- sible, but in this instance, foolishly sage to accompany H.R. 195, which the tisan majority of Democrats and Re- done. clerk will report. publicans voted for it. The votes were These rhetorical gymnastics are sim- The senior assistant legislative clerk there, the President was ready, the so- ply not persuasive. The American peo- read as follows: lution to this manufactured crisis was ple see right through all this bluster.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S359

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VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JA6.000 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S360 CONGRESSIONAL RECORD — SENATE January 20, 2018 They see right through all this bluster. agree. That is why we offered Sec- every single outstanding issue. We Like the President, like the House, and retary Mattis his full budget request, came close to a tentative agreement on like a bipartisan majority of Senators, something I offered yesterday in the the budget after I offered the Penta- the American people want long-term White House to President Trump as gon’s full budget request. solutions on immigration policy, on well. On the thorniest issue of immigra- government spending, and on all the My Republican friends know that we tion, the President said many times he major issues we have been discussing have to stop these CRs, and it is time would take a deal that included DACA literally for months and will continue to actually do a budget and fully fund in exchange for the wall. I put that to discuss. our military. We can’t forget about ur- deal on the table in the Oval Office in Like the President, like the House, gent domestic priorities in the budget, a sincere effort at compromise. I put and like a bipartisan majority of Sen- but the military has to be given the the wall on the table in exchange for ators, the American people cannot certainty it needs. This is one of the strong DACA protections in the Gra- begin to understand why the Senate main reasons the bipartisan coalition ham-Durbin compromise. It was a gen- Democratic leader thinks the entire rejected the House CR last night—be- erous offer, and I believe President government should be shut down until cause of the damage that Secretary Trump was inclined to accept it and he gets his way on illegal immigration. Mattis has said it has done to the mili- was willing to do a very short-term CR, The American people cannot com- tary. he suggested Tuesday night, in order to prehend why the senior Senator from Another reason they rejected it is get the deal finalized. Hours later, I got New York is advising his party to keep that it was constructed with not an a phone call telling me that this was the government shuttered for Amer- ounce of Democratic input, and I sus- not good enough—first from the Presi- ican troops, American veterans, Amer- pect very little input from many Re- dent saying: I hear it is 3 weeks. ican military families, and vulnerable publicans in the Senate. In our democ- I said: No one told me about that. American children until he gets ex- racy, you have to compromise if you That is not what we discussed. actly what he wants on the issue of il- wish to govern. That is how our Found- Then a few hours later: Well, we want legal immigration, a situation which ing Fathers designed our government what you have offered and four or five does not even become urgent until to operate. Yet, time and again, the more things, which they knew were March. All these other matters are in- Republican leader believes he can drop unpalatable to Democrats but appeased deed urgent. They need to be dealt with legislation on the floor, say ‘‘Take it or the hard right, anti-immigration wing right now. This particular issue does leave it,’’ and then gear up the ma- of the Republican Party. not become urgent until March. chines of partisan war if we decide to The bottom line is simple. President I hope Senate Democrats are starting leave it. Trump just can’t take yes for an an- to realize all this. I hope they are The leader crafts a partisan approach swer. He has rejected not one but two starting to realize their constituents, without consulting us and then tries to viable bipartisan deals, including one the President, the House, and the ma- blame us for not going along. That where I put his most prominent cam- jority of the Senate are on one side of kind of behavior would not pass in any paign pledge on the table. this. On the other side—all alone—is part of civil society. It would be called What is even more frustrating than the Democratic leader who invented bullying. We are happy and eager to President Trump’s intransigence is the this unfortunate hostage situation and compromise, but we will not be bullied. way he seems amenable to these com- led his party into this untenable posi- The most important point is this: promises before completely switching tion. The Republicans control the White positions and backing off. Negotiating The solution is to end the foolish- House, the Senate, the House. That is with President Trump is like negoti- ness. It is hurting millions of Ameri- why America and the world are calling ating with Jell-O. That is why this cans who have done absolutely nothing this shutdown the Trump shutdown. shutdown will be called the Trump to deserve this. I invite all of my col- It is the responsibility of the Presi- shutdown. The President’s behavior is leagues across the aisle to join to- dent and congressional Republicans to inimical to compromise, which is re- gether and do what is obviously respon- govern. It is their responsibility to quired to getting things done in our sible and right for the people we rep- keep the doors open and the lights on government. resent. It is pretty clear. Let’s reopen around here, but the Republican lead- It is impossible to negotiate with a the government. Let’s resume the bi- ership can’t get a tumultuous Presi- constantly moving target. Leader partisan discussion on funding our dent on board with anything, and they MCCONNELL has found that out, Speak- troops, DACA, on government spend- don’t offer us any compromises on er RYAN has found that out, and I have ing, and on all the other priorities all their own. found that out. Republican leaders of us can work together to resolve. The breakdown of compromise is poi- refuse to move ahead without Presi- RECOGNITION OF THE MINORITY LEADER soning this Congress, and it all springs dent Trump, and President Trump is so The PRESIDING OFFICER. The from President Trump. He has turned mercurial that it has been impossible Democratic leader is recognized. blowing up bipartisan agreements into to get him to agree to anything. Mr. SCHUMER. Mr. President, I ad- an art form. Again, to sum it up: The President dress you and this body in the shadow The President can’t take yes for an can’t make a deal, and congressional of a government shutdown, something answer. Twice in this long debate, Republicans will not. As a result, a pa- that nobody wanted and almost every- President Trump walked away from ralysis has descended on Capitol Hill. body strived to avoid. Yet we are here. partisan deals to solve all of the issues As Donald Trump said in 2011: ‘‘If The CR last night barely received 50 before us. A week ago last Tuesday, there is a shutdown, I think it would be votes, let alone the necessary 60. Sev- President Trump appealed to Congress a tremendously negative mark on the eral Republicans joined Democrats in on national television to come up with President of the United States. He’s rejecting the House continuing resolu- a deal, and he said he would sign it; he the one that has to get people to- tion, which hurts our military, does would sign whatever Congress sent gether.’’ That was President Trump’s nothing for urgent domestic priorities him. He said he would take the heat for quote then, in 2011. Getting people to- like opioids, veterans, and pensions, it. But when a bipartisan group of Sen- gether—that is just about the opposite nothing on disaster relief, and, of ators, led by Senator GRAHAM and Sen- of what he has done in these negotia- course, nothing on the immigration ator DURBIN, brought him that com- tions. issues we have a real urgency to solve. promise, he blew it up in a volcanic Today, on the 1-year anniversary of We just kicked the can down the road meeting at the White House. President Trump’s inauguration, his one more shameful time. I believe it The same script played out with the government has closed its door to the was the fourth time we have done that. President and me yesterday. The Presi- American people, and he hardly seems My Republican friends speak often of dent called me in the morning and to care. Early on he said that our coun- the damage done to our military by asked that I come to the White House. try could use ‘‘a good ‘shutdown.’ ’’ lurching from continuing resolution to Of course, I accepted. We had an exten- Today he tweeted: ‘‘This is the One continuing resolution. We Democrats sive and serious negotiation about Year Anniversary of my Presidency

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.001 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S361 and the Democrats wanted to give me a able Care Act, while the government is Senate. We can make our own decisions nice present.’’ shut down. So we went on day after day about DACA. We can make our own de- He called the shutdown an anniver- after day, and the government shut cisions about health insurance. sary present—a present—which shows down. We need his signature to make it a just how out of touch and how callous In my part of East Tennessee, where law, but maybe it is a lot easier if we he can be. A government shutdown is the Presiding Officer has visited, it pass what we can pass and say: Here, no present for the country, for his happened to be right in the middle of Mr. President. Here is a solution to an party, or for him, and it is entirely the the fall tourist season. So the little important issue. You can be Nixon to President’s doing. The only way out of businesses that make their living off China on the immigration issue. You this is for the President to take yes for tourists coming to the Great Smoky have said you want to do that; do it. an answer and to accept the bipartisan Mountains to see the colors—they lost But first, here is the specific solution compromise we bring him. a lot of their livelihood. Military peo- we have. On our side, we will keep trying. Last ple weren’t paid. The taxpayers lost As far as the House of Representa- night I suggested that the four leaders hundreds of millions of dollars because tives, we can’t say to Speaker RYAN: and President Trump meet imme- we Republicans shut the government Now, Mr. Speaker, before we do any- diately to sort all this out. I still hope down in 2013. thing in the Senate, we want you to we can do that. Otherwise, this Trump President Obama said: I will not ne- write the bill and approve it and send shutdown will go on longer than any- gotiate with anybody over any issue us this, that, or the other. We can have one wants it to. when they use as a bargaining chip a discussion with him, but that is not I yield the floor. shutting the government down. He how the system works. We should do The PRESIDING OFFICER. The Sen- stuck to his guns, and we capitulated what the Senate can do, and we should ator from Tennessee. in 2 weeks. We got the blame for it, and do it with respect for the House. We Mr. ALEXANDER. Mr. President, the we deserved it. We deserved it. should show them what we are doing; Democratic leader and the Democratic We were not sent here to shut the we should talk to them about it. There assistant leader know my great respect government down. We were sent here is nothing wrong with that. We should for them. In fact, I spent a great deal of to make the government work for tax- consult with the President of the time with the Democratic leader in payers. United States. We want his signature, 2013, reopening the government after Now, who is shutting the government and we want the House’s approval, but the Republicans shut it down. I would down? It is obvious who is shutting the the main thing for us to do is to do like to say three things about where we government down. The Republican what we can do. are today. House passed a continuing resolution How does that happen? Under the First, in my view, shutting down the to keep the government open. current circumstances, I think there is Government of the United States of Last night, 50 Senators, including al- one obvious way to do that, and I sug- America should never, ever be a bar- most all Republicans and 5 Democrats, gested it earlier to the majority leader, gaining chip for any issue, period. voted to keep the government open. Senator MCCONNELL. He didn’t do that Shutting down the Government of the The President has said he would sign a couple of weeks ago, but I suggested: United States of America should never, the continuing resolution to keep the Look, we have a tough issue here, ever be used as a bargaining chip for government open. The Democrats are DACA. We have a lot of Republicans any issue, period. It should be to gov- closing down the government because who would like to get a result. We erning as chemical warfare is to real they want a result on an important want the result by March 5 because warfare. It should be banned. It should issue, and they want it now—their way. that is when time runs out for these be unthinkable. We should not even I respect the issue. It is an issue I am people who have been living in the allow anybody on either side of the trying to solve, too, but we should not United States who were brought here aisle to seriously consider it. Yet we be shutting the government down to illegally as children through no fault of are in the middle of it. resolve the issue of these children who their own. I was sent here from Tennessee not were brought here years ago. I am So the best way to do that—why to shut the government down but to going to talk more about that. don’t we just vote on it? Why don’t we make it work for taxpayers. I have We know who is shutting the govern- take some time on the floor of the Sen- worked hard to do that. I continue to ment down. The Republicans are voting ate, and rather than negotiating in the do that, and I think my friends on the to keep it open, and the Democrats are back rooms and saying we can’t get the other side of the aisle know that I voting to shut it. Nobody should be President, we can’t get PAUL RYAN, or know how to work in the Senate. If you shutting down the government. we can’t do this or that, why don’t we want a result, that means 60 votes. Second, there is a lot of talk about just put up the Alexander bill or the I respect the fact that the minority what the President does and what the Daines bill or the Durbin bill or the has prerogatives. I don’t think the Sen- House does. One of the things I have Schumer bill or the Graham bill, put it ate is a place where a bulldozer runs learned about Washington is that we on the floor, let Senators amend it, and over the minority. So we work to- have three branches of government for see if we can get 60 votes? If we can, gether, and we get important results a reason, and we have two independent then we can say to the President of the that are lasting on issues like fixing No Houses for a reason. United States: Mr. President, we have Child Left Behind and on 21st Century The assistant Democratic leader and solved the problem here; we would like Cures. the Presiding Officer both served in the your support. We can say to the House Senator MURRAY of Washington House of Representatives. I didn’t have of Representatives: We would like you State and I are working on the first that privilege. Sometimes we have to support it, or if you have a better modifications to the Affordable Care Senators who want to run over to the idea, let’s see it, or let’s put it in the Act to lower health insurance pre- House and get them to do things our bill we are going to send you. miums. We haven’t had any of those in way. I have found that doesn’t work In any event, we would be in much 7 years. We can do that, and when we very well. We have a lot to say over better shape than the Senate just talk- do it, it works. But we should never, here, and usually the best thing for us ing; we would have actually done some- ever say: If you don’t do what I want, to do is to do what the Senate can do thing. I think the majority leader we are going to shut the government and say ‘‘Here it is’’—say that to the could shorten the period of time for the down because we can. President, and say that to the House. resolution. I think that would be a We did that on the Republican side in Often, when we do that, then they good gesture of faith to the Democrats. 2013. We shouldn’t have done it, but we agree with us or modify it, and we get Second, we should say that if, during did it. Barack Obama was the Presi- a result. that time, a group of leaders, such as dent of the United States then. What So it is a pretty poor excuse to sit the whips on our side—and we could in- he did say? He said: I will not negotiate here and say: We can’t deal with Presi- clude the whips on the other side—if a with the Republicans, who have shut dent Trump. We don’t have to deal group of Senators cannot come to an the government down over the Afford- with President Trump. We are the U.S. agreement on a bill, then we will do

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.003 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S362 CONGRESSIONAL RECORD — SENATE January 20, 2018 what the Senate is supposed to do: We the insurance rates for self-employed right to pass anything on the floor of will put the bills on the floor, and we people. That is three things. the Senate. I have the right to offer a will vote on them. We will vote on We have disaster aid. After three big measure on the floor of the Senate, to them, and we will do it in the light of hurricanes that hit us, we can get an make my best argument, to convince day. We will let people see who is for it agreement on that in a matter of days. my colleagues that it is the right way and who is against it and whose amend- Then we have what we call DACA, to go, and to ask for a fair vote on the ments work and whose don’t. Lots of the children who were brought here outcome. That is what I have a right to times, we come to a better result that through no fault of our own. That is do as a Senator. way. the toughest issue, but a lot of work I have seen colleagues—and I would That is my suggestion. We don’t need has been done. We have to be finished bet the Senator from Tennessee has to shout at each other. We don’t need by March 5. My sense is that everybody too—in the past who say: I want to to go on forever. That is bad for the on the Democratic side wants to get offer my amendment, and I want it to country. It is bad for the military. It is that done, and most of us on the Re- pass. Well, good. Good luck to you. bad for us. It is bad for the govern- publican side want to get it done. Bring it to the floor, and do your best. ment. It is unthinkable that we should So let’s get back to work. Let’s don’t As intensely as I feel about this issue be shutting down the Government of be in a stalemate for a day or two or when it comes to Dreamers and DACA, the United States of America. Let’s even an hour or two or a week or two I am not entitled to anything. All I am open it back up. Let’s shorten the pe- when we could be taking five major, bi- entitled to do is to offer to the Senate riod of time. Let’s say that if we don’t partisan steps that are good for the what I consider to be the best, most have the DACA decision worked out American people. The American people reasonable approach to solve the prob- among the group of Senators who are sent us here to make the government lem, and that is what I am looking for. talking today, then we put it on the work for them, not to shut it down. I thank the Senator from Tennessee floor and we stay here until we get it That should be unthinkable. That for the litany he produced of things done. should be like chemical warfare. We that we are close to solving. That is a Finally, we are on the verge of doing should never even consider that. significant list when we consider the some very important things for the So I urge my friends on the other paucity of our performance over the last—I won’t go into specifics—over a American people in the U.S. Senate, side, let Senator MCCONNELL and Sen- period of time. If we could do those five and I think almost everybody knows ator SCHUMER, who are veteran Sen- that. I noticed the temperature in here ators—they respect this institution, things that my friend mentioned, it last night. Despite the fact that we they are friends with all of us, and they would be significant in restoring the were in this absurd situation of shut- are able to make a decision—let them confidence of the American people in ting down the government, people were sit down and find an agreement to get what this institution can be. I think there is one element here very respectful of one another because this government back open. Let’s go to that is critical. If the Republican lead- they know that we are on the verge of work on the 2-year budget agreement, er would come to the floor within the passing a number of important issues the children’s health insurance pro- next hour and say: All right, I am that will help our country—No. 1, a 2- gram, the Alexander-Murray-Collins- going to allow those who have an opin- year budget agreement that will give Nelson bill to lower health insurance ion or a view or an amendment on the the military the funding it needs. At rates for Americans, the DACA bill, issue of Dreamers and immigration an the same time, it will give signifi- and disaster relief. Let’s get that done opportunity to offer that on the floor cantly more funding for biomedical re- in a very short period of time. That is starting tomorrow—we will start the search, for national parks, as well as my hope. That is the way I like to debate on Monday or Tuesday, when- national defense and national labora- work in the Senate, and my view is, ever it might be—and we will put that tories. We are close to that. I am not that is the way about 90 of the 100 Sen- work product that comes from that— really involved in that very much, but ators would like to see this resolved— which would require 60 votes—put that everyone says we are close to a 2-year sooner rather than later. work product into the package of five agreement on that. We can write our I thank the Presiding Officer. that you mentioned—caps, health in- appropriations bills in 3 weeks. We can Mr. President, I yield the floor. surance, clinics, the great work the have that done by the end of February. The PRESIDING OFFICER. The Senator from Tennessee has done with Democratic whip. That is the first thing. Senator MURRAY on healthcare—then Mr. DURBIN. Mr. President, let me The second thing is children’s health we would know we have done our job as insurance. If we don’t do that in this thank my colleague from Tennessee. a Senate. We send that measure to the bill, we should certainly do it. There is He is my friend. We have worked to- House, understanding that we have to agreement on a 6-year extension of gether on a lot of things, and I respect get these things done, and here is the that, and all over the country, people him very much. We have done some Senate offering. want that to happen. good things in areas like medical re- What troubles me is that we seem to The third is what is often called search and other very important be waiting for a permission slip from Alexander-Murray-Collins-Nelson. We issues. others—in the Senate. When did this have been in a Hatfield and McCoy mud Let me say at the outset that he and start? When I was over in the House, fight over health insurance for 7 years. I are of the same mind when it comes spending most of my time loathing the We actually have some agreement on a to the future of the U.S. Senate. We Senate and what it did to the great way to bring down health insurance have seen better days in this Chamber. House ideas, they didn’t wait on us, rates for self-employed people, such as In the past year, I don’t believe we they led. They did what they thought farmers, small businessmen and have had one honest, open debate with was right. women, and song writers. Senator amendments on the floor—not one. We Now we are in a situation where we MURRAY and I have worked on that. maybe got close on a couple, but not are facing this shutdown—something Senator NELSON and Senator COLLINS like we remember it, when it was an that I didn’t come to Congress to deal have worked on that. The President open process and Members brought with and never hoped I would be part supports it. The House is interested in their best ideas to the floor and the of. We ought to cure this and solve it it. We haven’t said that they have Senate decided things, debated and de- as quickly as possible, and we can. pledged allegiance to it before we pass cided things. We have lost that. I tell There are several problems we have. it, but they do know what we are new Democratic colleagues: God, you Let’s face it. This President, at this doing, we have consulted with them, would have loved the old Senate. It was point, is impossible to negotiate with. and we are working it out here. So that a great place. What you see today is a It is impossible. On January 9, I sat is the third thing. shell of what it used to be. next to this President, at his sugges- So we have the 2-year budget bill, we The second thing I would like to say tion, in the Cabinet Room of the White have children’s health insurance, we is that I maybe have an old-fashioned House. He referred to me by my first have the Alexander-Murray-Collins- view of these things, but it is one I feel name, and I was flattered, I guess, be- Nelson bill, which is aimed at lowering very strongly about. I do not have the cause it was only the fourth time we

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.005 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S363 had ever spoken to one another. We and I will tell you, I was amazed. I ior colleagues—they were all senior to talked about this issue involving immi- thought, this is it. We finally found the me; I was the most junior Member of gration. It was a good meeting. It was solution with the President. Within 2 the Senate—talk about when this, a surprising meeting because it was hours, President Trump walked away that, and the other thing happened. I televised. The American people got to completely from what he had said to came here with President Ford was the see it. For 55 minutes, we were there, Senator SCHUMER over lunch. In 2 President. I served with President Car- with the President leading us in a dis- hours, he completely reversed his posi- ter, President Reagan, President cussion. tion. That is why this shutdown really George H.W. Bush, President Clinton, He was very clear in what he said. I has his fingerprints on it. As the sign President George W. Bush, President recall what he said. You send me a bill, says, this President said, and I can’t Obama, and now, of course, President and I will sign it, he said. I will take imagine why, but what he said was Trump. the heat. You send me a bill, and I will that our country needs a good shut- Every one of these Presidents were sign it. down. It doesn’t. There are no good different, but when we got in times like He went on to say: Why is this taking shutdowns. There are those that are this, they believed in substance and so much time? We ought to do this necessary, I guess, for a moment, but not sound bites. Every one of them quickly. You want a room here in the for goodness’ sake, we ought to be solv- would reach a point where Republicans White House, he said to leaders, to sit ing problems and making this govern- and Democrats could sit down and down and write this thing? Let’s get it ment work and moving forward. I am reach an agreement knowing, whether done. prepared to do that. it was a Republican President or Demo- So he was looking for bipartisanship, There are so many elements that the cratic President, they would keep their he was looking for a sense of urgency, Senator from Tennessee just described word and the Members would keep and he was willing to accept the ver- that I think are so important. I can’t theirs. dict of Congress on this. tell you what the CHIP program means I was honored to be asked to speak at Within 48 hours, Senator LINDSEY to all of us. I hope it means the same the Gold Medal presentation to Sen- GRAHAM and I produced exactly what to the other side. I will just add that ator Bob Dole the other day. Senator he asked for—at least we thought we most of the services in my State that Dole was a Republican leader and the did—and he totally rejected it. So on are provided by CHIP are provided in Republican majority leader, one of the January 11, Thursday, President community healthcare clinics, so we finest Senators I ever served with— Trump was a heck of a lot different have to make sure we authorize those this, from a liberal Democrat from New from the January 9, Tuesday, President and fund them properly if we truly England—because he always kept his Trump. I just threw up my hands. After want to serve the children of this coun- word, because he always brought both 4 months of working on a bipartisan try. Republicans and Democrats together, measure, he rejects it out of hand. And, please, you and I are both on because he knew we would keep our We can’t wait for an approval stamp the Appropriations Committee; word. from the White House to do our work wouldn’t it be great if that were the Frankly, as I spoke those words at here. We shouldn’t anymore. I heard committee we remember? Wouldn’t it his Gold Medal presentation, I thought: the Republican leader, Senator MCCON- be great? I know the Senator from Can’t we go back to those days? Can’t NELL, say: We need to know what Presi- Vermont behind me here is our ranking we have a time when our leaders come dent Trump wants to do on this. Democrat on that committee. I was al- together and the Members across the Please. We can’t wait long enough for ways proud to be on the Appropriations aisle come together and then vote? The that to happen, and we shouldn’t con- Committee, but now it is just a faint Senator from Illinois, Mr. DURBIN, said: tinue this situation—waiting on some- glimmer in the eye of someone of what Let’s have votes. thing that is not likely to ever occur. it might have been. We don’t produce Yes, we passed most of the appropria- I would just appeal to my friend from appropriations bills. We don’t have the tions bills out of committee in the past Tennessee: Let’s keep this conversa- kinds of votes on the floor that we used year, but we want time to bring them tion alive. Let’s not get back to it on to have, exciting moments with open up on the floor. There will be amend- Monday or Tuesday; let’s do something appropriations bills where we honestly ments I will not like, there will be today. Let’s push this forward, as we debated the goodness or the short- amendments I will like, but we will get tried to last night. That, to me, is the comings of different programs of our to vote on them. Vote yes or vote no. only way to move forward. government and whether to fund them. That is what we should do. The Senator from Tennessee is in a We don’t do that anymore. We do it in Months ago, when President Donald strong position. The Republicans are in the quiet with staff in our committee Trump called for a government shut- control of the House, the Senate, and rooms instead. down, I thought, when I first heard the Presidency. We are in a position There is a lot that needs to be done that, it couldn’t be. Then I saw what he that is much weaker politically. But I in the Senate. Can we use this moment, said: ‘‘Our country needs a good shut- think if we go at this in good faith, and this challenging moment of this shut- down.’’ Well, through his leadership if we use commonsense, and if we look down, to not only put this behind us and chaos and inability to govern or for common ground, we can get some- but to really move forward in restoring keep his word, he got exactly what he thing done. I really believe it. this institution to something we can be wanted. I am not entitled to pass an amend- proud of and the American people can I would tell him, after 43 years’ expe- ment; I am entitled to offer an amend- be proud of as well? I think we can, and rience in this body, there is no such ment. That is the way I see it. I am I know the Senator from Tennessee thing as a good shutdown. It hurts our prepared to do that and ask my Repub- could be a constructive part of it be- Nation, it hurts our reputation around lican friends—and you have been kind cause he always has been. the world, it hurts our military, it enough to express your support for I stand ready to work with the Sen- hurts our civilian population, it hurts some parts of what we have offered—to ator from Tennessee on a bipartisan our businesspeople, it hurts our edu- come forward. If you have a better basis to address this issue, and the cators, and it hurts those who are seek- idea, bring it to the floor. Let’s do this. sooner the better. ing cures for every kind of disease But let’s not languish in this situation I yield the floor. there is. with a government shutdown and no The PRESIDING OFFICER. The Sen- Now, I know it is the majority—and conversation and no dialogue taking ator from Vermont. the majority is, of course, the Repub- place. Mr. LEAHY. Mr. President, I appre- licans who control the White House, At this point, the President could ciate what the Senator from Illinois, the House, and the Senate. It is their solve this problem. He could have my dear friend, just said. It is inter- responsibility to produce a bill to send solved it yesterday with Senator SCHU- esting when we deal with substance to the President. If they can’t get 60 MER when he invited him to the White and not sound bites. votes because they refuse to negotiate House. Senator SCHUMER came back I used to worry when I was first here with Democrats, well, that is their re- and briefed me on the conversation, and I would hear some of my very sen- sponsibility. All they needed was nine

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.006 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S364 CONGRESSIONAL RECORD — SENATE January 20, 2018 Democrats. They couldn’t get it done. needs of our veterans. These are bipar- Since President Trump decided to re- In fact, they lost four of their own tisan priorities. voke the protected status, hundreds of Members. They could not get it done I know from my friends in both the thousands of Dreamers have had to live because Republicans shut Democrats Republican Party and the Democratic with fear and anxiety every day their out of their closed-door meetings. They Party, we share—we share—these status has not been resolved. Imagine disenfranchised more than half the goals. But now, for 112 days, the Repub- how they feel when they see the Presi- American people. They only appealed lican leadership has kicked the can dent’s views seem to change con- for our support after they had written down the road and cast aside the basic stantly, almost daily. Talk about caus- a bill without our input. Let me tell responsibility of Congress to fund the ing whiplash. you, after my years of experience under government. Dreamers have no reason to believe Democratic and Republican leadership They gave us this government shut- President Trump would not prioritize and Democratic and Republican Presi- down. They followed what Donald them for deportation. The fact is, the dents, that is not the way to do it. Trump said in asking for a good shut- administration has asked the Supreme On the first day of this Trump shut- down, even though anybody who has Court to immediately nullify a district down, the anniversary of his inaugura- had any experience in government court decision—immediately nullify tion, we are 112 days into the fiscal knows there is no such thing, as the it—to protect DACA recipients, and year. For 112 days, the leadership has President has said, as ‘‘a good govern- they seem to have no sense of enforce- told us they just need more time to ne- ment shutdown.’’ This was done under ment priorities. They detained a 10- gotiate a bipartisan deal. I have yet to the careening leadership and chaos of year-old Texas girl with cerebral palsy. see the negotiations. I have yet to see the President. They deported a Michigan father, with the deal. He said he was for extending CHIP in no criminal record, who came to this They spent that time pursuing a the House bill, and then he was against country as a child 30 years ago, paid hyper-partisan agenda over the last it. He said he would sign any bipartisan his taxes and obeyed the law. year. They stripped healthcare from deal we brought to his desk to protect Even the majority leader, to his cred- millions of Americans. They rolled the Dreamers and increase border secu- it, is uncertain of what the President back commonsense regulations. They rity. Then, through a bipartisan deal, wants for Dreamers, or for any path passed a tax bill for big corporations Republicans and Democrats came and forward for that matter. The majority and the superwealthy on the backs of did exactly what he asked for, and he leader, the Republican leader, said ear- middle-class working people. This was scoffed at it. Now, that is not steady- lier this week, ‘‘As soon as we figure not time spent negotiating in good as-he-goes leadership. out what he is for, then I would be con- If we can’t take the word of the faith on the budget, or the Children’s vinced that we were not just spinning President, when we know he is only Health Insurance Program, or for vet- our wheels.’’ I have never heard a com- one tweet away from changing his erans, or for community health cen- ment like that in 43 years in the Sen- mind, why should we trust him when ters, or for Dreamers or for a com- ate. he says he will take care of our vet- We are spinning our wheels with a prehensive disaster relief package to erans or get serious about the opioid Trump shutdown. We are spinning our address the disasters that have gone epidemic? Why would we take his word wheels because the leadership waited across our country in the past year. when he says he wants to protect the for guidance from the President, unfor- Now, last night they said let’s have Dreamers? tunately, instead of doing their jobs another month to negotiate. Come on, After promising to treat DACA re- working with us, sending a bipartisan we are 112 days into the fiscal year, and cipients with great heart, President deal to his desk. now they want another month into the Trump and the Republicans instead We are spinning our wheels because fiscal year—another month of not ad- held our Nation’s Dreamers hostage. President Trump—I will give him at dressing the consequences of sequestra- They caved to the xenophobic voices least credit for this—is very straight- tion by reaching a bipartisan deal to within their party. President Trump forward. He repeatedly called for a gov- increase the spending on our military rejected a bipartisan deal—the only bi- ernment shutdown. He is probably the and invest in our communities. An- partisan DACA deal—which Senators only person in the government ever other month where we fail to ade- GRAHAM, DURBIN, and others specifi- who has been foolish enough to do that, quately take care of our veterans. cally crafted to meet his demand. but he got exactly what he wanted, a Our military leaders agree, we can- As we speak, 122 Dreamers lose their government shutdown. not govern by a continuing resolution. status every day; that is, yesterday on So, today, medical research has The military cannot function under se- Friday; that is, today on Saturday; and ground to a halt. Today, in Vermont questration, and I agree with them be- that is tomorrow on Sunday. We know, and across the Nation, hundreds of cause we need a budget deal. on March 5, hundreds of thousands of thousands of Federal workers are fur- I admire Defense Secretary General DACA recipients will begin to lose loughed through no fault of their own. Mattis. He said, ‘‘for all the heartache their status due to President Trump’s In Vermont and across the Nation, caused by the loss of our troops during actions. every additional hour of a Trump shut- these wars, no enemy in the field has Republicans now argue there is no down deals another blow to the men done more to harm the readiness of our urgency to provide protection for and women trying to recover from military than sequestration.’’ Dreamers. I wish you would sit with opioid addiction. Every hour, the bur- Last night, I could not, in good con- one of these families and listen to den of the Trump shutdown should science, support another continuing them. They are people who are pur- weigh heavier on the President’s shoul- resolution without even the promise of suing great educations. They are pil- ders because there is only one person in a bipartisan deal. lars of our communities and taxpayers. this country who wanted this shut- Democrats have been ready and will- Ask them if there is any urgency, when down; that is, President Trump. ing and asking to negotiate since June, you have a medical student about to The Trump shutdown is not and was just as we did in April, to get the budg- graduate from medical school and he not necessary. We have always had the et passed. In July, I offered a path for- worries that he will hear [knocking] at pieces. Everybody—Republicans and ward that would have raised the budget the door. Democrats—want to raise the budget cap set in place by the Budget Control Well, in light of the decision to end caps set in place by the Budget Control Act. My plan would have increased DACA, 122 Dreamers lose their status Act. We want to stop the devastating spending for our military by $54 billion every day, and the administration has consequence of sequestration. We want and increased investments in our do- acknowledged to Congress that imple- to take care of the bipartisan Chil- mestic priorities by $54 billion. Parity menting any Dream legislation would dren’s Health Insurance Program. We has always been the path forward. It take up to 6 months, during which tens have a bipartisan agreement to protect allows us to both strengthen our mili- of thousands more could lose their sta- the Dreamers. tary but also invest in our infrastruc- tus. No urgency? If that were my fam- We have all the pieces. Let’s put ture, improve our education, combat ily, I would feel the urgency every them together. Let’s show the honesty the opioid epidemic, and address the minute of the day and night. and the courage to do our jobs.

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.014 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S365 I see other Senators on the floor them, and we are going to take care of this problem already, and it is going to wishing to speak. them, and our President wants to take be exacerbated by the fact that we are I yield the floor. care of them. But that seems to be an closing things down, shutting things The PRESIDING OFFICER (Mr. issue—if they can convince people that down. JOHNSON). The Senator from Okla- this is all put together by Trump to I have gotten over the part in terms homa. hurt little kids, then that is the only of whose fault it is. I know they are Mr. INHOFE. Mr. President, I ask thing they have to hang their hats on. going to desperately try to sound as unanimous consent that after my re- I suggest my very good friend—I do though the President doesn’t like kids marks, the Senator from Rhode Island, have a very good friend from Rhode Is- and all of that. But the bottom line is, Mr. WHITEHOUSE, be recognized, and land who already has his picture of there was a vote; it was a partisan after that, the Senator from Arizona be Trump up, so we are going to hear shutdown. recognized. more and more of that all day long, Secretary Mattis talked about the The PRESIDING OFFICER. Without until we finally get the government maintenance operations for the mili- objection, it is so ordered. opened up, probably on Monday. We are tary that were just starting back up Mr. INHOFE. Mr. President, we like sorry it happened that way, but it was and are going to have to cease for as to do this because on mornings like one vote that caused it. That is behind long as the shutdown exists. That is all this, when we are supposed to be going us now. maintenance. back and forth between Democrats and I agree with the things that were said In Oklahoma, we especially know Republicans, that is the proper way to by each of the Republican Members on what is important to our civilian work- do it, and this locks it in. the problems that come with this shut- force. By the way, in a shutdown, the It is really interesting because I have down. Even if it gets opened early—and civilian workforce is going to be out of been through every shutdown in the I think it will be over, maybe by Mon- business. They are going to be gone for last 30 years. I was in the House for 8 day; I am not really sure. I suspect that period of time. years and in the Senate for 22 years. that. But I have had the privilege in Tinker Air Force Base is the depot Every other time there has been some the past of being the ranking member that performs maintenance and over- question—there could be a little bit of of the Armed Services Committee, and hauls our planes. They are going to be blame on the Democrats and a little bit that is the area that really concerns shut down. We have another one in of blame on the Republicans, and the me the most. McAlester, OK. It is not known as finger pointing goes on. That has al- I have been critical of the last ad- much as some of the others, but it is ways happened, until this time. This is ministration, the Obama administra- the largest Army depot in the country. the first time there can be no question, tion, and what has happened to the It has all civilian employees. We have if you want to say whose fault it is. military. They had a policy, and it is a one uniformed officer in the depot in I suggest that the aids that were stated policy, and all the Democrats McAlester, OK, and that is the com- being used with the picture of the agreed with it. It said that you can’t mander. All the rest are civilian em- ‘‘Trump Shutdown’’ were printed up put any money into sequestration for ployees. They are gone. They are the long before last night even took place. the military unless you put an equal ones who are off work. Half of the civil- This is the first time there can be no amount of money in for social pro- ian workforce will be sent home, and question. If you want to play the blame grams or for nondefense programs. those projects will be halted. The im- game, it is the Democrats in this case. That is saying that defending America pact will ripple for weeks and poten- I think it was planned that way. I am is not the No. 1 concern, not the No. 1 tially months beyond the shutdown. not in their heads, but there has to be priority of what we are supposed to be Once we open back up, there will be a some reason that all this came along doing here. high cost of catching back up and get- on the first anniversary of this Presi- As bad as it has become over the last ting things back on schedule. dency. 8 years in terms of our ability—the fact Secretary Mattis said that the shut- I can’t find anyone in the Nation that we are overworking our kids, the down will also shutter critical overseas right now who is saying that there is fact that our maintenance is down—all intelligence activities until funding is some question as to whose fault this is, of those things are bad. But for this to restored. That is something I was not even the New York Times. You have to happen right now, at this time, when that familiar with until he came out keep in mind—just use logic—there was we are in the middle of arguably two, with this statement. one vote that caused this, one vote. maybe even three wars, and our defense Of course, we looked at the threats Ninety percent of the Democrats voted has gone through a starvation diet— we are faced with in America. I don’t in that one vote last night to shut yesterday Secretary Mattis was very think anyone can keep a straight face down the government. Ninety percent clear. At the time he said this, he was and not admit that we are in the most of the Republicans voted to keep the begging for it not to happen; he was threatened position we have ever been government open. It was done in a pre- hoping it wouldn’t happen, but he said as a nation. There is a country, North meditated way, I have to say, because that a shutdown would have a ‘‘terrible Korea, that is run by someone who is all of this was planned out. They impact’’ on the 2 million men and totally unpredictable. That is what all thought that maybe this would have a women and their families who serve in of our military people say. On Novem- good ring to people; they can say the our military—a ‘‘terrible impact.’’ ber 28, he sent a missile that had the ‘‘Trump Shutdown.’’ People have to re- There are approximately 200,000 range of reaching Washington, DC, and member, this happened because of one troops currently deployed who are now anyplace in the continental United vote, and that one vote was almost doing their jobs without pay as a result States. That is a different kind of unanimous—Republicans versus Demo- of this. Secretary Mattis said that all threat. crats. maintenance operations for the mili- If you think about the old Cold War, That is not why I wanted to talk. In tary will cease as long as there is a that was a threat. It is nothing like listening to all the things that just shutdown. what we are facing today. We had two happened—I think we are sympathetic When you go through starvation, as superpowers. We knew what they had; to all these things. I think most of the we did over the 8 years of the previous they knew what we had. It was all pre- reasons stated for shutting down the administration, the first thing that is dictable because mutually assured de- government by the Schumer group last hit is always maintenance because that struction actually meant nothing at night had to do with DACA. is not obvious. Maintenance and mod- that time—means nothing today. Let me tell you, I don’t know of one ernization are the two things you can So this is what we are facing now. We Republican serving in the U.S. Senate starve without the public being aware have to recognize that we are in a who isn’t very sympathetic to the kids, of it, and that is what happened. Just threatened position. Many Democrats particularly those who had no voice in look at our F-18s that the Marines are have long claimed support for the mili- it. They were here not by their own using; 62 percent of them can’t be flown tary, but when the rubber meets the choice. They didn’t personally violate now because they have not been prop- road, they have the problem that was any laws. We want to take care of erly maintained. We are going through established when President Obama was

VerDate Sep 11 2014 03:00 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.015 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S366 CONGRESSIONAL RECORD — SENATE January 20, 2018 President; that is, we are not going to more time. On the DACA issue, I don’t My strong hope is that the energy do anything to rebuild the military un- know of one Republican in the U.S. and the spirit of bipartisanship that less we put an equal amount of money Senate who isn’t just as sympathetic was evident right down here in the well into the nondefense programs. Every as any Democrat in the U.S. Senate in last night persists through this week- single Democrat went along with the terms of these individuals. The kids end and as long as necessary to get a President. That is how we got into this had nothing to do with the problem bipartisan deal accomplished. We have mess. they find themselves in right now. the weekend to do it, we probably even Now we are faced with the fact that In the meantime, let’s get this over have Monday to do it, and we should we are not giving the right resources. with, rebuild our military, and become get about our business. Sometimes I tell people: Up until 1964, what I see is happening now that We can also be optimistic that the we were spending half of all the reve- wasn’t happening before—that we will measures that the Democrats want to nues that came into the Federal Gov- once again assert America as the lead- include are bipartisan. We are not try- ernment on defending America. That is er of the free world. ing to jam one-side-only poison pills what we were supposed to be doing. It With that, I yield the floor. through; we are trying to get attention was always over 50 percent of the reve- The PRESIDING OFFICER. The Sen- to long overdue matters where there is nues. ator from Rhode Island. a bipartisan solution. Do you know what it is now? It is 15 Mr. WHITEHOUSE. Mr. President, There is something of a backstory to percent. We are devoting only 15 per- let me first thank my friend from where we are right now, so I want to cent of our total revenues to defending Oklahoma. We often disagree; indeed, mention it. I have obviously consider- America. We have gotten into this po- we often violently disagree on matters able sympathy for Majority Leader of environmental issues. But we have sition over a period of time, and it is MCCONNELL’s predicament with a now at the point where we have really been teammates—indeed, close team- President who takes opposite positions serious problems that need to be ad- mates on the chemical safety legisla- within hours. How does one negotiate dressed. Our Army brigade teams right tion, which has been passed into law; with that? on water resources bills, which have now are very lethal—still very effec- ‘‘Give me a bipartisan deal and I will been passed into law; and on the last tive—but only 30 percent of them are take the heat,’’ the President said. He highway bill, which was passed into able to get out and do battle, as it is has since blown up anything bipartisan law. The lesson I take from that is, in right now. In our Air Force squadron, that came anywhere near him. Major- the Senate, we can disagree, and we we have a shortage of pilots. We are ity Leader MCCONNELL is reduced to can disagree violently, but where we 1,500 pilots short; 1,300 of them are saying: I don’t know what the Presi- agree, push the throttles forward and fighting pilots. While they are willing dent will sign, and I can’t act until I get it done. know. Well, I think last night shows to do it—we will always have enough Mr. INHOFE. Will the Senator yield? who will go on overtime, do whatever Mr. WHITEHOUSE. I will. that we actually can begin to act here is necessary to get out there; nonethe- Mr. INHOFE. There is an old docu- in the Senate even if the President less, the equipment is not properly ment nobody reads anymore, and it is can’t get his signals straight about maintained. The Navy is the most called the Constitution. If you look at where he wants us to come. stressed it has been in the history of that, it talks about what we are sup- I can’t help but remember Senator the Navy and the Marine Corps. That is posed to be doing here. The priorities GRAHAM’s description in our Judiciary where we are right now, and that is are defending America and then they Committee of President Trump’s rever- why, if there is one thing that called it—transportation infrastruc- sal on the Durbin-Graham proposal. He shouldn’t happen during this time in ture. I would say this: We are a great described it in 2 hours—he described our history, it is a shutdown. team when we do that. We couldn’t the 10 o’clock Trump and the 12 o’clock I think about my State of Oklahoma. have had the successes—I could not Trump, and within 2 hours, he com- We have 663 Oklahoma Army and Na- have had the successes as the chairman pletely reversed his position. Senator tional Guard soldiers who will be sent of that committee without you on my GRAHAM said ‘‘I want that guy back’’ home from a planned training. I was side, making sure we are doing what we about the 10 o’clock Trump. there when they planned the training. I are supposed to be doing here in taking It is very hard to negotiate with was there to send them off. And, of care of our infrastructure. Right now, someone who doesn’t know what his course, that will be put on hold. we are looking at an opportunity in position is, so I do have sympathy, and It is not just Oklahoma. Over 100,000 this administration to do the same I hope the White House sits down and National Guardsmen are being sent thing. has a negotiation with itself so that it home around the country right now be- I will say right now—and predict—it can decide what it wants. cause of this shutdown. Our Reserve is going to end up with you and a close- The other problem over at the White forces—National Guard, all of them— ly knit group of liberal Democrats and House is that the President has sur- are going through this problem. As we conservative Republicans working to- rounded himself with extremists, and face the threats from North Korea, gether to make America great in terms that means that nobody knows how to Iran, Islamic extremists, and Russia of our infrastructure. negotiate. And the advice he is getting aggression, not to mention our severe Mr. WHITEHOUSE. I appreciate very doesn’t serve him. You really don’t do readiness crisis, we can’t afford the much the Senator’s words of goodwill, deals—I think virtually anybody in negative effects of a shutdown. and it aligns very well with the note of politics knows this—by bringing in the I believe this is going to be over with. optimism that I want to open on after most extreme elements to shout at I am not sure how. I am not in the last night’s vote. each other; you do deals by bringing in leadership. Others are going to make Last night’s vote provoked the first people who have good faith and a com- the decision. But I can say that the real conversations—the first real, bi- mon interest in solving the problem to- Senate Democrats know all of this is partisan conversations about this con- gether. If all you have around you are true, and they know now that America tinuing resolution that I have seen. extremists, you have dramatically knows. If you look at the editorials People all around the country watch- crippled and shrunk your own capabili- around the country, they know that it ing C–SPAN saw right there on the ties—unless, of course, what you want- is being used because—legitimately, it Senate floor the Senators pooling ed all along is what the extremists is called the Democratic shutdown. about each other, the conversations, want: ‘‘a good shutdown.’’ We are going to try to get it cor- the back-and-forth, the intermediaries There is another backstory going on rected. I have talked with several of going in between the leaders. They saw that I want to discuss. This is a fight my Democratic friends, and hopefully live what the Senate should have been over maybe a dozen legislative issues, that will happen in a very short period doing for weeks, which is to work in a but it is also a fight over the institu- of time. bipartisan fashion toward a com- tion of the Senate and how far we will My concern, of course, is for the mili- promise. When starting at 20 minutes let the Senate degrade into a partisan tary. I think that we will be able to get to midnight, it is hard to work it all dead zone. In the oceans, we see more this thing done. I want to say it one the way through. and more dead zones where there isn’t

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.009 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S367 enough oxygen to support life, so there et and vote-arama amendments, which, publican Senators are often just as aren’t fish and there isn’t the mixing in my view, don’t count—that whole neutered as their minority colleagues and the turbulence that are necessary process is a joke. That simply tees up when all power moves to the majority for the mixing of life and oxygen. The a reconciliation measure that allows leader. Zero amendments—not a single Senate seems to be slowly turning into further partisanship. So set those aside minority amendment in the entire year that dead zone. because they don’t count. In real legis- on real legislation—ought to be a We know what works around here be- lation, how many amendments has the symptom that concerns everyone. And cause the majority leader has a long minority been able to get on the floor? I don’t know what Republicans got— history of fighting to get it, to make The grand total all year long, ever two, maybe three amendments in an sure that the minority has amend- since Trump was elected last year, to entire year? How many Republican ments and to try to block things that this year, is a grand total of zero. Zero Senators are there who have never had are exclusively partisan. Indeed, at Democratic amendments considered on an amendment of theirs called up and various times, he has encouraged his the Senate floor since Trump—not one. voted on on the Senate floor? caucus to avoid joining Democrats on Compare that to all the things I just Let me add one additional point any bills, so that they are partisan, so read that the Senate majority leader against this looming specter of a shut- that he can block them. So we have promised on amendments—that bills down. Speaker RYAN sent over a bill lived the experience of the majority should come to the floor, be thoroughly last night that we voted on last night leader’s interest in amendments and in debated, and include a robust amend- that he knew was going to fail. I am a opposition to purely partisan legisla- ment process; that the answer is to let junior Senator here, and I had last tion. We have also heard it, and in the folks debate, to let the Senate work its night’s vote predicted exactly. With all majority leader’s own words, he has will, and that means bringing bills to the powers of the Speaker of the House, called for a Senate ‘‘which honors and the floor, and it means having a free with his direct line to his fellow Repub- respects all the members and allows and open amendment process. To para- lican, the majority leader, is it plau- everybody to participate and offer phrase Senator GRAHAM, I want that sible to think that what happened last their ideas, regardless of party.’’ He guy back. night in the Senate was any kind of a went on to say: ‘‘That’s something that When the leader shuts down the surprise to the Speaker of the House? the majority leader can do and I intend amendment process, it is not just the Of course not. to do it.’’ minority party that suffers. Repub- We know from Senator SCHUMER and How do you do that? Well, he went on licans also, under Trump, have gotten Leader PELOSI that there was not even to say in another interview that the virtually zero floor amendments voted consultation with Democrats about the way to do that is ‘‘to ensure that ev- on all year long. contents of the CR last night—no nego- eryone has an opportunity to partici- That leaves the Senate exclusively tiations, nothing, a partisan ram job pate in some way in the passage’’ of with partisan ram jobs, which is what that the Speaker had to know would the legislation. To be specific, he said, we have seen a lot of, and UCs—unani- fail when he sent it over. Imagine the ‘‘bills should come to the floor, be mous consent agreements—things so cynicism. Imagine the cynicism, with thoroughly debated, and include a ro- noncontroversial that they can avoid the shutdown of the government loom- bust amendment process’’—a robust the dead zone of the McConnell Senate ing, of sending to the Senate a partisan amendment process. He went on: ‘‘The floor and be agreed to by everyone and bill you know will fail, teeing up a answer is to let [the Senate] debate; to passed into law. That is a worthy proc- shutdown just so you can tee up a let the Senate work its will. And that ess, but it is not a process that is going blame war about the shutdown you means bringing bills to the floor. It to yield a solution to the big con- knowingly provoked. That is ‘‘House of means having a free and open amend- troversies we need to resolve here in Cards’’ cynical stuff. ment process.’’ He also said: ‘‘We want this world’s greatest deliberative body. Let me wrap up by saying that the to engage members from both parties This problem of no open process and Senate balance is about as close as it in the legislative process, to get our de- no amendments is a problem for all of could be. Moreover, Democrats in the mocracy working again the way it was us. When we get all tangled up in lead- Senate represent 40 million more designed.’’ ership chess games, all Senators lose Americans than our Republican col- With that background, let’s look at their ability to represent their States. leagues do. When the Senate majority Trump year 1. The opener legislatively Power gets concentrated in the leader. in the year was the partisan budget I remember Senator Sessions, on the is microscopic and you represent a mi- reconciliation bill, a purely partisan floor over there—I was actually in the nority of the American people, dic- measure whose only purpose was to Presiding Officer’s chair on some of the tating terms to the Senate minority as open the door to further purely par- occasions when Senator Sessions was if this were the Soviet Duma is not jus- tisan measures under the budget rec- animatedly discussing his concern and tifiable, and it is destroying the Sen- onciliation process. So we opened with irritation with what the masters of the ate. We on our side have been rolled that partisan process. Having opened universe were doing in secret rooms and we have been rolled and we have that door, sure enough, we went on to that he did not have access to. This is been rolled, and there is no end in partisan ObamaCare repeal, which a bipartisan frustration. We all become sight. The Senate of the United States failed, and they tried again, over and cogs in the majority leader’s leadership has been turned into a dead zone—the over, but always partisan, whatever chess match, and we all have common McConnell-partisan dead zone. Those the effort. Then we went back to par- cause in going back to a place where strategies amass power into the lead- tisan budget reconciliation 2 to tee up the leader helps the Senate work its er’s hands, away from Republican and a partisan opening for a partisan tax will, not where leaders impose their Democratic Senators alike, but that bill. Then, of course, we had the par- will on the Senate. breaks all the promises the majority tisan tax bill. The Senate is broken. Over and over leader made about amendments and There was one briefly shining light again that has been said on the Senate regular order, and that is destroying on the national defense authorization. floor, and by no one more articulately this institution—this institution that Chairman MCCAIN and Ranking Mem- than by Senator DURBIN. The longer we love. You simply cannot have both ber REED in the Armed Services Com- you have been around—Senators DUR- bipartisanship and utter dominion by mittee led a robust, bipartisan amend- BIN and ALEXANDER particularly—when the majority leader at the same time. ment process that brought the com- you remember what it was like, it is That just can’t coexist; it is impos- mittee together and brought forward a much more apparent how broken it is. sible. You cannot have an open amend- bill that I think everybody in the Sen- And for whose benefit? For big donors, ment process and utter dominion by ate could be proud of, but when it got so they can call the shots through the the majority leader at the same time. to the floor, here on the Senate floor, leadership? For the leadership thrill of If the majority leader insists on not one Democrat was allowed a floor being a bigger player in DC’s ‘‘Game of being, to use Senator Sessions’ phrase, vote on any amendment. Thrones’’? the ‘‘master of the universe,’’ what So the grand total for the year for This ought not just be a Democratic does that leave for everyone else? Well, the U.S. Senate, setting aside the budg- revolt against the mess we are in. Re- we have seen what it leaves on our

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.010 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S368 CONGRESSIONAL RECORD — SENATE January 20, 2018 side: zero amendments, zero consulta- look at them and refer to them as ille- work or their legal status here. There tion, no input, no bipartisanship ever. gal aliens? You can have a different de- is an urgency. For those who say there Why should the great affairs of gov- scription for their parents or others is no urgency, we have had 6 months to ernment be worked out in private who brought them across, but to put deal with this, and now we are just out- meetings of two or five or eight? Those that kind of a label on a child is just side of a month before kids will start rooms may not be smoke-filled any wrong, and with that kind of loaded being deported. We shouldn’t go further longer, but the atmosphere is just as language, it makes it more difficult to than February 8 to actually settle this unhealthy without the smoke. The at- come to a solution. in the Senate. We can do it. We have mosphere is just as unhealthy when so There is enough blame to go around people who are working in good faith much gets done in the dark, and so for this shutdown on all of us. It is a on both sides of the aisle. Let’s just ex- many Senators, who are not the master pox on all of our houses. The question ercise our congressional prerogative to of the universe, are reduced to begging should be: How do we get out of it? I actually legislate. If we will do so, I am and pleading to their leader to have fa- would suggest—and I think we are confident we can come to a solution. vors slipped into the backroom deal. coming to this—that the best way out I yield the floor. That is not the way the Senate should of this is for the Senate to be the Sen- The PRESIDING OFFICER. The Sen- work. Smoke or no smoke, that is not ate again. I know the majority leader— ator from Texas. healthy, but too many Senators, too and I am glad he does—very jealously Mr. CORNYN. Mr. President, I want many Members have never even guards his prerogative as the majority to thank the Senator from Arizona who breathed the fresh air of a healthy Sen- leader to decide what comes to the spent an awful lot of time and energy ate. Like the pit ponies of the old coal floor. That is his right as the elected on this topic. I am committed to work- mines, they trudge and they haul in leader of the majority. I hope he will ing with him and all of our colleagues darkness, trudging and hauling in the just as jealously guard the Senate’s to come up with a solution well in ad- darkness so long they don’t know what prerogative, the congressional preroga- vance of the March 5 deadline. One daylight looks like, but Senators like tive. We are an equal branch of govern- thing I hope he will work with me to confirm is, my understanding is the DICK DURBIN and LAMAR ALEXANDER, ment, and to say we will not move on March 5 deadline means the current who remember what daylight looks a particular topic until we have agree- DACA recipients can no longer register like, are here to remind us how healthy ment from the President, when we have again for an additional 2 years and a process that should be. waited for weeks and weeks and weeks Remember, in a Senate in which the for that kind of agreement, for that qualify for an additional work permit. minority party—the barely minority kind of nod or signal, we can’t wait I think—but I could be mistaken—it party, I should add—is not for an entire anymore. Let’s more jealously guard doesn’t mean they are subject to depor- tation. What it means is, they can’t year able to get even one amendment our prerogative here as legislators, and sign up again for another 2 years, and voted on, on one piece of meaningful let’s bring an immigration bill to the they will potentially lose their work legislation, in a Senate like that, ev- floor. permit. erybody loses or maybe I should say My understanding now is, that is the agreement; that if we haven’t reached Having said that, I am not dimin- virtually everybody loses. Unanimous ishing the urgency of the timeline, and an agreement with the White House consent, partisan ram job, or nothing I am committed to working with him and with the other negotiators by the is no way to govern and no way to run and others to try to beat that well in 8th, by the time this next CR runs a Senate. advance during the month of February. out—if we can agree to a CR that runs I yield the floor. I think it does create enormous anx- The PRESIDING OFFICER. The Sen- to the 8th—we will bring an immigra- iety for these young people whom I ator from Arizona. tion bill to the floor and/or we will have met, as the Senator from Arizona Mr. FLAKE. Mr. President, 1 day into bring a vehicle to the floor that will has. They don’t know what their future a government shutdown, we are in a allow other immigration bills to come. looks like, and they need to get the hole as a body. I was just talking to I happen to have been working on a bi- certainty that comes along with us giv- one of my colleagues who said we partisan bill. There are now seven Re- ing them a permanent solution which, ought to spend less time worrying publicans and seven Democrats who again, I am committed to do. So I want about who threw us in this hole or how have signed on. That is my preference. to make sure I understand exactly we ended up in this hole and more con- I believe some on the Democratic side what happens March 5, and I described cern about getting out of it. I hope we may want to bring another one up first; what I think happens. can dispense with the signs—‘‘The that is great. Some on the Republican I also know the administration, the Trump Shutdown’’ or ‘‘The Schumer side may want to bring another version Department of Homeland Security, Shutdown’’—and realize we are in a up as well—great. Sixty votes will be does not prioritize people unless they shutdown situation, now let’s climb required, and I think we will probably have committed crimes or otherwise out of it. There are ways to do that. settle on one we can all agree on. We abused the privilege of staying in the I believe we will be coming with a will have to. We have to get 60 votes in United States. Peaceful, law-abiding proposal today, and I hope we can vote the Senate. I think that can be done, individuals who have violated the im- on it today—we can with consent—to and that is a way forward. migration laws—and, of course, these move the date from the 16th to the 8th. I hope at that time—there is no guar- young adults are not culpable in any That would be significant. We don’t antee—but I hope the President will, as manner because they came here with need to go 4 weeks more in this CR. We he has said in the past, agree with what their parents so they are pretty blame- can find an agreement to get out of it, the Senate passes. I believe we can pass less, in my book. The point is, I don’t to find some permanent solutions, a responsible measure that takes care think they would be prioritized for de- some permanent funding solutions for of these DACA kids as well as rein- portation. I am confident they would the government. forces the border where we need to and not be, even if I am wrong about what We can also find solutions on the takes care of some other issues as well happens on March 5. DACA situation. I just want to encour- that the President and our leaders have Mr. President, I yield momentarily age my colleagues to not use loaded outlined. I think that can be done. It to the Senator from Arizona so we phrases as well here. I have heard the can be done today. I hope we can have could have maybe a little discussion term that we can’t deal or we shouldn’t consent to move that, and I hope the about that. Certainly, I am committed deal with the illegal alien situation President can accept that as the will of to finding out what exactly does hap- right now. Who could honestly look at the House or the will of the Senate and pens on March 5, but I have described, a child who was brought across the bor- then promote that solution. to the best of my knowledge, what I be- der—the average age when these DACA We have until March 5 before these lieve will happen. kids were brought across the border kids are subject to deportation. None Mr. FLAKE. Mr. President, I thank was the age of 6. Some of them were of these kids should be under that the Senator for yielding. toddlers, some of them were carried by cloud, not knowing what they are On the 5th, as I understand it, the their parents. Who in the world can going to do with regard to school or DACA Program will no longer apply.

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.012 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S369 Those who have already registered, HOYER, get together and schedule a fiscal year. But what has really hap- that registration will continue until it group of meetings to try to work out pened here, unfortunately, is that our runs out. There are some now—I think our differences and to build consensus. colleagues across the aisle have lis- the figure is some 150 a day—who are As we all know, nothing happens unless tened to the most extreme elements in losing status, and there is a question consensus is achieved. their political party and shut down the about whether they can renew. Courts Actually, I think the belief—in my government over an unrelated immi- have been trying to weigh in on that, view, the unrealistic belief—that some- gration issue that doesn’t even ripen and the administration has asked the how the Graham-Durbin bill was going until March 5. I say that just to say courts to finalize—asked the High to be the path forward without the that it doesn’t have to be decided Court to. President’s signature and with a doubt- today, nor can it be decided today, but The problem is, even if it is not de- ful future in the House of Representa- that is what they are trying to hold— portation on March 5, there are real tives—hopefully, that has been set all the rest of this—hostage in order to questions. They can’t get work per- aside. I say that with great respect be- do. mits. They will not be able to register cause I don’t want to indicate or send All across the country, the headlines for school, in certain circumstances, so any signal that I don’t appreciate their reflect the reality. From the Associ- they are left in limbo, and that is not concern or their passion or their effort ated Press: ‘‘Senate Democrats derail fair to them. to try to come up with a solution. It is bill to avert shutdown.’’ Even the New I thank the Senator for working on a just that I think it should be clear to York Times headline reads ‘‘Senate solution, and I thank him for yielding everyone that that is not going to be Democrats Block a Bill to Keep Gov- time. the path forward because of the cir- ernment Open Past Midnight.’’ Mr. CORNYN. Mr. President, I appre- cumstances I mentioned. The President I can’t help but share in the frustra- ciate the comments of my friend from doesn’t support it, and it won’t pass in tion of those who, in disgust, find us in Arizona. He is right about the work the House of Representatives and even a situation that we don’t want to be in permits. Everything else aside, if these get to the President’s desk. and that makes absolutely no sense to young people, some 690,000, can no So we find ourselves here in a com- anybody because all the things in the longer work, that is going to have a pletely unnecessary situation. Our continuing resolution that our col- dramatic negative impact, not only on Democratic colleagues were pretty leagues across the aisle voted against them but also on our economy and on unanimous—with four or five excep- last night are things they support. It is the people who hire them, all of which tions—in voting down a 4-week con- support for the military, support for is to say, we shouldn’t play with fire tinuing resolution and causing the gov- opioid treatment, and support for vet- here. We need to get this addressed, we ernment to shut down. The majority erans. But they voted against it in need to get it addressed on a timely leader, Senator MCCONNELL, has of- order to hold all of that hostage to this basis, and that is something I am com- fered them another proposal, which unrelated issue of immigration. mitted to doing. was a 3-week continuing resolution The minority leader, my friend from What confounds me the most, while we continue to do our other New York, Senator SCHUMER, has done though, is why we find ourselves here work. They objected to voting on that the best he can to try to spin the story with the Senate in session and the Fed- last night, but the majority leader has and to try to explain his strategy and eral Government otherwise shut down. now filed for cloture, which means that to cast blame. I have to admire his tal- It strikes me as completely unneces- will ripen here tomorrow. ent. Senator SCHUMER is my friend. We sary, especially when a number of us— They have a choice. They can keep have worked together on a number of me included—are having two and three the government shut down for another items in a bipartisan way to come up meetings a day to try and come up day before we vote on that, or we could with solutions to complicated issues. with a solution to this problem. I know agree to vote on it today and reopen He is a very talented and smart person, people are anxious for the status and the government while we continue our but not even he can come up with a what happens to the future of these good-faith negotiations and discussions credible story here for why he chose to young adults. I am, too, and I am eager about these other matters. lead this shutdown effort for the Fed- to come up with a solution as soon as But when the Democratic leader eral Government because it makes no we can, but I think some have had came to the floor and said that he sense whatsoever. He does have my what I would view as an unrealistic doesn’t want to hurt the military, he sympathy. He is the leader of a tough view of the end game. doesn’t want to hurt people who are group of Senators—including some rad- In other words, I know our friends suffering from opioid addiction, he ical Members who are running for have been—the Senator from Arizona, doesn’t want to hurt the veterans, he President—who have held the rest of the Senator from South Carolina, and doesn’t want to hurt people who are re- their conference hostage and done others have a group, along with the lying on the government for a pension them no good service in leading them Senator from Illinois, which they think or people who are relying on the Fed- down this box canyon, only to find the will be the seed of a solution here, but eral Government for disaster relief, and government shut down. as they found out last week, the Presi- so he objected to the continuing resolu- How do we know that this was their dent didn’t support their work product. tion and caused a government shut- plan all along? Well, the Democratic As Senator MCCONNELL, our majority down—I have to say, that is a strange whip, the senior Senator from Illinois, leader, likes to point out, there is one way of showing your devotion and your laid out the strategy in the Wash- indispensable person when it comes to support for the military or veterans or ington Post last November. It said: legislation, and that is the person who opioid addicts or people who are de- ‘‘Senator Richard J. Durbin [of Illinois] signs it. All of us write the legislation, pending on the Federal Government to . . . said he is encouraging his col- but the President ultimately is the one come up with disaster relief. Shutting leagues to join him in blocking spend- who decides whether it is going to be- down the government helps none of ing legislation if the legal status of come law. That is a serious problem in them at all. When he talks about con- ‘dreamers’ isn’t resolved.’’ That was terms of their plan to move forward tinuing resolutions hurting the mili- last November, and he was already with the so-called Graham-Durbin pro- tary, I agree with that, but the very plotting the shutdown we find our- posal. thing that is hurting the military the selves in today for this unrelated issue It was just I guess last week—I lose most is the shutdown and the uncer- that we are committed to working on, track of the days now—when we met at tainty. Our National Guard can’t train, on a bipartisan basis. So the minority the White House, where Majority Lead- for example. leader can’t convince us or anybody er MCCARTHY suggested that he and I, The solution to this short term is an who knows the facts that this is some- as the majority whip in the Senate, agreement on spending caps so the Ap- how President Trump’s fault. This was and the minority whip in the Senate, propriations Committee can come up their plan—something they have been Senator DURBIN, for whom this has with an appropriations bill that will plotting for a long time now. been a long, passionate cause, and also fund the government through the end Now they find themselves in a posi- the minority leader in the House, Mr. of September, through the end of the tion where not even they can explain

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.013 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S370 CONGRESSIONAL RECORD — SENATE January 20, 2018 how this helps the country or how this Just like every American—the public ability that I expect from the nation’s helps these young DACA recipients. It that is out there—I am frustrated. I am leaders.’’ is not going to change anything for frustrated that I have to come to the Until No Budget, No Pay is passed them to shut down the government. As floor to talk about Congress once again into law, I don’t see any other way to a matter of fact, I think it just polar- failing the American public by not motivate Members of Congress to do izes people and makes things worse. doing our jobs. their job and avoid the government We are not going to let them hold At the risk of sounding like a broken shutdowns and the continuing resolu- health insurance for 9 million children record, time after time, Congress has tions in the future. We must pass the hostage over an unrelated immigration blown past our deadline to complete all principles outlined in No Budget, No issue. That is the Children’s Health In- the current fiscal year appropriations Pay. It will stop these ridiculous gov- surance Program. The bill they filibus- and has punted on our responsibilities. ernment shutdowns in the future, and tered last night would reauthorize this Now, today, the government has been it will stop Members of Congress from program for the most vulnerable 9 mil- shut down. being right back here, year after year, lion children in the country. For what? For years, I have been talking about making the same speeches and taking They support that bill. It was voted out how it is Congress’s most basic respon- the exact same votes. of the Senate Finance Committee on a sibility to create a budget and pass all I would say to any of my colleagues bipartisan basis, and they come to the the appropriations bills on time. While who are tired of this whole process that Senate floor and they kill it. Nine mil- some things in the Senate change, oth- has unfolded, regardless of what spe- lion vulnerable children. And they sup- ers just stay the same. While the ma- cific issues you are fighting for, sup- port it. It is a strange way of showing jority has been working to restore nor- port my No Budget, No Pay Act. I be- it. Clearly, the American people de- mal budgeting practices, I am dis- lieve Congress can work together serve better. appointed that my colleagues across again, but it will take some account- Soon, our colleagues across the aisle the aisle have spent their time doing ability like No Budget, No Pay to get will have a chance to reopen the Fed- everything they can to avoid deadlines us there. eral Government, a chance to abandon and choose routes of not working on Thank you. this brinkmanship which threatens the appropriations bills and now have shut I yield the floor. safety and security of the country. It down this government. Not only is this I suggest the absence of a quorum. threatens the very people we depend disappointing, it is also not a surprise, The PRESIDING OFFICER. The upon to defend us and their families. It given recent history. clerk will call the roll. threatens access to healthcare for 9 I have personally never seen Congress The bill clerk proceeded to call the million vulnerable children. They need pass all 12 appropriations bills on time roll. to fix this. They need to do the right and on its own without an omnibus. Mr. TESTER. Mr. President, I ask thing for the American people. They I have said this before, and I want to unanimous consent that the order for can do that today by agreeing to vote inform my colleagues that in recent the quorum call be rescinded. on this 3-week continuing resolution history, Congress has been able to ac- The PRESIDING OFFICER. Without that will take us to February 8 while complish its regular budget and appro- objection, it is so ordered. we continue to work on this issue re- priations processes. For example, it Mr. TESTER. Mr. President, we rise lating to DACA—deferred action for happened under President Clinton with today after a long night last night—a childhood arrivals—that we talked a Republican Congress. It happened night that I think could produce some about earlier, or they can do it tomor- under President Reagan with a Demo- fruits today or tomorrow or soon, I cratic Congress. row and keep the government shut hope, because, on behalf of the just I have always said Washington is a down for another 24 hours. over 1 million Montanans and families pain-free zone that faces no con- My message to them is, think about across this country, and I believe a the men and women who put on the sequences if Members fail to do their jobs. Maybe it is time to start facing vast majority of the people in this uniform of our country and deploy in body, we need to put this shutdown to dangerous locations around the globe some pain around here. That is why I have reintroduced—and have intro- an end. to fight our Nation’s wars and protect Folks, whether it be a welder in our homeland. Think about those who duced for years—my No Budget, No Pay Act. Regardless of who is in the Butte or a teacher in Billings or a wake up in the morning and put on a sugar beet farmer in Sidney or a mill badge and go out—possibly into harm’s majority or who is in the minority, my No Budget, No Pay legislation says worker in Columbia Falls, they have way—to protect our communities. all told me, and they will continue to Think about those 9 million children that if Members of Congress do not pass an annual concurrent budget reso- tell me, that this body is incredibly who depend on us for that health cov- dysfunctional and that Congress is in- erage. lution and all 12 spending bills on time each year, then they should not get credibly dysfunctional. We ought to I hope that after having had a few break that. We ought to start working hours of sleep last night and a chance paid. I want to repeat that last part: If Congress fails to pass all 12 spending together. We ought to start listening to think through this fundamentally to one another. We shouldn’t be taking flawed strategy, our colleagues will re- bills on time each year, then they should not get paid. off the right side of the Earth nor the consider. The country deserves better. left side of the Earth. We should work I yield the floor. Both Chambers of Congress should I suggest the absence of a quorum. pass all 12 appropriations bills on time in the middle for policies that work for The PRESIDING OFFICER. The every year. That is doing our job, and America. clerk will call the roll. if you don’t do your job, you don’t get The budget may be the most impor- The bill clerk proceeded to call the paid. So it is that simple. Most Ameri- tant of those policies that work for roll. cans sit around the kitchen table each America. It has been 112 days now since Mr. HELLER. Mr. President, I ask night paying their bills. Why should our budget ran out—the end of Sep- unanimous consent that the order for Congress be different? It is time for tember of this year. We have responded the quorum call be rescinded. some real responsibility and some real to that budget running out by passing The PRESIDING OFFICER. Without accountability in our Nation’s capital. four short-term continuing resolutions, objection, it is so ordered. Since I have introduced No Budget, we call them—stop-gap measures, Mr. HELLER. Mr. President, once No Pay, I have been getting a lot of bandaids, if you will, kicking the can again, I think Washington, DC, has lost positive support for this idea outside of down the road; it is described by a lot its mind. It is shameful that the minor- Washington, DC. Rob from Reno, NV, of different methods—to fund the budg- ity party has engineered a government said: ‘‘I’m fully in support of your et. That has resulted in costing the shutdown at the expense of our troops stand on No Budget, No Pay . . . be- taxpayers additional dollars and in- and their families, at the expense of cause our spending is outrageous, it is credible inefficiencies, and it is caused our veterans, and at the expense of our ridiculous, and it is out of control.’’ by the Members of this body not doing children’s healthcare. To me, this is James from Henderson, NV, said: No their job and leadership not doing their politics at its very worst. Budget, No Pay ‘‘is the sort of account- job.

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.016 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S371 Enough is enough. We need to roll up what needs to be done. We need to quit it is based upon a deep understanding our sleeves. We need to work together. playing games. and perception of why and how people We need to talk. We need to listen to One of the people I have incredible do this. one another. We need to come to a res- respect for in this body who has what I This is a human nature question. If olution of this problem. believe uncommon common sense is you are confronted with a difficult de- We can talk about the Children’s the Senator from Maine. Senator KING cision, and you have an easy way out, Health Insurance Program. It is an in- and I visit, oftentimes off the floor, and you will always take it. That is what a credibly important program, there is we talk about our frustrations with continuing resolution is. It is basically no doubt about it, but it has been held this body because it doesn’t have to be a statement that says: We can’t solve hostage for the last 4 months. I can tell this way. We can get things done if we this. We are just going to kick it down my colleagues that if it was put on the work together. I am hoping Senator the road a few months or 6 months or floor—and it could have been put on KING can explain to me why we con- a week or a couple of months, and the floor at any time in the last 4 tinue to have a budget that doesn’t maybe something will happen then. My months—it would have passed, I be- work for the American people, that problem is, we will not know anything lieve, overwhelmingly by this body. continues to be a patchwork of month- in a month that we don’t know now, Why? Because kids need it. Families by-month or week-by-week continuing and there is no reason to delay it. need it. We are putting, in Montana’s resolutions and what we need to do to The problem is, this government by case alone, 24,000 kids at risk who do fix it. continuing resolution—and I will give not have credible care. Mr. KING. Mr. President, I appre- you the figures in a minute; they are The same can be said for our ciate the question of the Senator, and breathtaking—but government by con- healthcare centers. The same can be it is one I have given a great deal of tinuing resolution is, in fact, like a said for the opioid crisis. The same can thought. I think there have been a lot slow-motion shutdown because the be said for security on our northern of discussions around here about fancy agencies—particularly the military— and southern borders. The same can be changes to the budget process and new can’t plan. They can’t commit. They said for our military. The uncertainty bills and new budget processes and new can’t commit to long-term contracts. we have without a longer budget that rules and everything. I always stop and The military—I am on the Armed Serv- goes to the end of the fiscal year is un- say: Wait a minute. We could have a ices Committee. I don’t think we have acceptable. We all know it. We have budget process written by Aristotle had half a dozen hearings in the last 5 been talking about it for months, but and Thomas Jefferson, but if we don’t years where we haven’t talked about nothing ever comes to the floor to do our job, it is not going to work. sequestration and continuing resolu- solve it, except for a continuing resolu- That is essentially where we are now. tions. In fact, the Secretary of Defense tion, which is not a solution at all, it is That is one of the reasons I voted no came to us just a couple of weeks ago a bandaid. last night. and said: Please don’t do another con- Last night, I proposed a 72-hour—3- I have had it with CRs—continuing tinuing resolution. It is crippling to day—extension so the shutdown resolutions—which really means ‘‘can’t our military. wouldn’t happen until Monday night so resolve.’’ We can’t make decisions. I Yes, DACA is important. All the we could work together to negotiate want to talk, with the indulgence of other issues wrapped up in this are im- portant. But I think there is an under- this deal, to put some pressure on the the Senator from Montana, a bit about lying issue about the functionality of body to work together to come up with this part of why we are where we are. a deal by Monday night. It seemed rea- I think this is a deeper issue because this organization we really need to ad- sonable enough to me. We have been where we are today is going to simply dress. I went back and looked at the talking about these issues for months, be repeated 6 months from now, a year last 20 years. Here is some of the data but the majority leader objected to from now, 3 months from now, and 5 I find amazing: In the last 20 years, we keeping the government open and years from now. It just keeps going on. have averaged 5.6 continuing resolu- tions a year—every year for 20 years. pushing ourselves—driving ourselves to It is one of the reasons we can’t get The average number of days before we the negotiating table to get something where we are going. done. I was a Governor of Maine in the got to a budget after the deadline was Look, I have worked in this body 1990s. I remember vividly, and I can al- 137 days, approaching half a year. If we can do it 6 months late, why with a number of folks on my side of most tell you where I was standing in can’t we do it on time? What did we the aisle and on the other side of the my office when a group of legislators— know 6 months later that we didn’t aisle, and we have had success. I bring we had a budget deadline of July 1. A know when we should have done it in this up often because JOHNNY ISAKSON group of legislators came to me be- the first place? I believe this is really is an incredibly good chairman of the cause budgets are hard. We all know one of the reasons this place doesn’t Veterans’ Affairs Committee. I happen that. It is hard to resolve some of these work very well. If we continue to pro- to be the ranking member. JOHNNY issues. They came to me a week or so vide this exit, this easy way out, we ISAKSON and I work well together. We before the expiration date and said: will always find ourselves in positions don’t always agree, but from the very Governor, we have never done it before like this, and that is where the prob- beginning, we have agreed to put what here in Maine, but will you go along lem is. we disagree on off to the side and work with a continuing resolution like they If you could go to your chemistry on what we agree on. What has tran- do in Washington, and we can solve teacher and say ‘‘The Tuesday exam is spired is a record number of votes on this in an extra week? I said: Not on looking a little tough for me; I would tough issues coming out of the Vet- your life. Why did I say that? Because like a continuing resolution until Fri- erans Affairs’ Committee. Why? Be- that is what we do here, and it doesn’t day,’’ who is not going to do it? That is cause we are working for the veterans, work. That is what has gotten us into what we are doing, and we are going to and that is what we need to be doing trouble. Governments all over the do it as long as we keep allowing it to here. We should not be working for a country don’t do continuing resolu- happen. political party. We should not be pos- tions. They struggle, they argue, they Frankly, I have talked to a lot of my turing ourselves for the next election. debate, and they get their budgets colleagues off the floor in the last few We should not be putting working fam- done. Yet here we have this constant days. We need to have a peasants’ re- ilies and businesses at risk. We should escape hatch that is in the background. volt here where we say we are not be working together to make a dif- I have done a lot of reading and going to vote for these things anymore. ference for this country with a long- thinking about the Framers, who were Then the leadership and the committee term funding bill that addresses a num- geniuses—the people who wrote the chairs and the President are going to ber of issues which have all been laid Constitution. If you read the Federalist have to make the deals and the ar- on the table, from healthcare to Papers, read Madison, read Hamilton, rangements they have to make when opioids, to pensions, to our military, to they understood human nature. That is they have to make them. border security—the list goes on, but it why the Constitution has withstood Last fall, we blew through all kinds is a list we can work with. We know the test of time for 200 years, because of deadlines. We blew through the CHIP

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.018 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S372 CONGRESSIONAL RECORD — SENATE January 20, 2018 deadline. We blew through the FQHC thought, well, Christmas is looming, weeks to actually do the writing of the deadline. We blew through, of course, and we will come to an agreement, and bill. I understand that. the biggest deadline of all—the budget, if not, we will just stay here through- I think people just scratch their September 30. Oh, let’s do a continuing out the Christmas break and do it be- heads because this is so alien to most resolution. And I voted for them. I cause it is that important. people’s common, everyday experience. voted for a bunch of them. But I am I believe strongly in my family, and This is one of the few places I know of tired of it. This is at the core of one of I love to be there, and I was there for where we have this kind of operation. the reasons this place doesn’t work. Christmas, but the truth is, this job I have a modest suggestion: no budg- All we have to do is do our job and do here is critically important for the et, no recess. If we don’t get these it now. It is not going to be easier 1 whole country, and we need to do our things done, which is the most basic month or 2 months from now. job. job we have, let’s stay here until it Assuming we can find some resolu- The motion for yet another CR from gets done. Maybe that is another re- tion here in the next couple of days— December 19—to move it to January 19 flection of using human nature as an and I deeply hope we can. Nobody came up, and I held my nose and I incentive, because everyone wants to wants to shut down the government. It voted for it. At that time, I said: I am have a break every now and then. is not good for anybody. But the deeper not going to do this again. In that I am glad we are here on this Satur- issue is that we have to get out of the month between December 19 through day. At least we didn’t shut down the continuing resolution business because January 19, we were supposed to have government last night and then go as long as that escape hatch is there, it worked out a deal. Guess what hap- home. We are going to be here tomor- is going to be used. Madison would say pened. There was no deal worked out. row, as far as I am concerned and as far that is human nature. I think we as a Now we are back in exactly the same as I know. I am certainly going to be collective body have to weld that es- place. here. We have to have some discussion. cape hatch shut so that people can’t What Senator KING said is exactly The Senator mentioned the four lead- take it and we would have to get our correct. What are we going to know in ers. I think this has to involve the job done at the time that is required. February that we don’t know now? The President as well. One of the powers of That would go a long way. We don’t point is, nothing additional is going to the President is as a convener. I think need fancy changes in the budget proc- be added to the equation. We all know the President has to be involved in ess; we just need to do the job we are what it is—deals with border security, this, he has to make some decisions, assigned to do under the current sys- the military, healthcare issues, pen- and he has to help guide the decisions— tem. sions, opioids, and a budget that goes here is what I will take, here is what I As I said, I deeply hope our leader- until the end of September, which is won’t take—and work with this party ship can negotiate a solution to this the end of the fiscal year for this coun- so we can get a comprehensive agree- problem. It seems to me they were very try—but it is simply not going to hap- ment on some of these important close last night. Hopefully, we can do pen unless we get folks working to- issues. I understand they have nice it. I frankly don’t understand—at the gether again. meeting rooms in the White House. end of the evening last night, when the Look, the Republicans have majori- They probably have sandwiches. I Senator made the motion for a 3-day ties in the House and the Senate. They think they can bring the group down continuing resolution so that we didn’t control the Presidency and the White there and say: Nobody leaves this place have to shut down the government last House. I am telling you, if the floor until we get this done. As I say, I think night—we could have kept talking and leader doesn’t provide the kind of lead- the people of Maine are just scratching found a solution—it was objected to. I ership that we need to get to a point their heads and saying: Why can’t we found that very puzzling. where we address the issues that are do this? I don’t really understand those who important to this country, we will I think another important point is are saying this side of the aisle shut never address the issues, and we will that if this were a body and an institu- down the government. Well, as of mid- continue to have continuing resolution tion that was one party, if everybody night or 10 minutes after, when you after continuing resolution. was of the same party, there wouldn’t made your motion, it was the other So what I would ask is that folks be any dispute—somebody would lay side who shut down the government be- from both sides lock themselves in a down the law, and that is what would cause they had before them an option room. The two leaders, lock themselves happen. But this is an institution in- that would have kept it open for 3 or 4 in the room. Ultimately, that is what tended to represent the entire country days to try to get this done. it is going to come down to, to come to and different views. That means that if I appreciate the Senator raising an agreement that works for this coun- you are in the majority—particularly these issues. I would like to ask him try and gives predictability over the in the Senate—you have a responsi- what is on the minds of the people of long haul. bility to get input from the minority, Montana. If they are like the people of I happen to be on the Appropriations for people. In my case, I am in a minor- Maine, they are just puzzled why we Committee. We are going to be starting ity of two. can’t get these things taken care of. to work on the fiscal year 2019 budget, Everybody here has valid input. To Mr. TESTER. I thank Senator KING and we are not even done with the 2018 just say: This is it. Here is the deal. for the question. budget because of these continuing res- Take it or leave it. And if you leave it, Last night, as we approached mid- olutions. we are going to hammer you for not night, I got an email from one of my So I would tell Senator KING that the going along—that is no way to make good friends in Montana who is in the people of Montana are frustrated. They good policy in the long run. business of agriculture. He is a rancher want to see their government work There is a lot of good thinking in this in North Central Montana, actually on better. What are the folks in Maine Hall. There are a lot of smart people. the Rocky Mount front. He said: Why telling you? In fact, I told somebody at home that does this have to happen? Mr. KING. The same thing. I wish we I have never been in an outfit that has My comment to him was that con- could banish the phrase ‘‘continuing more good people and gets less done. tinuing resolutions don’t work well for resolution.’’ I know of no business that There is something about this struc- this country. They cost taxpayers a does business that way. I know of no ture. I don’t think there is anything in bunch of money, and they don’t give school district or very few States—I the water down here, but there is some- folks the kind of predictability in their think some States allow 1 or 2 days if thing about how this structure works government that they elected us to they are in really close negotiations, that just keeps us from getting there. give them. and I understand that. It would be one I respect that the majority has the I am with the Senator. I voted for the thing if we were right on it, and just majority, but there also has to be some continuing resolutions—the one that give us a couple more days, and we can role to work together, and that is what extended it to December 1 and then the iron this out, or, on the other hand, if the 60-vote margin is all about. I think next one, which went to I believe De- we had an agreement and it would take this is a place where there needs to be cember 19. At that moment in time, I several days or perhaps even several some compromise.

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.020 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S373 One of my favorite philosophers, ing that rather than working together ents who are concerned about taking Mick Jagger, said: ‘‘You don’t always across the aisle to get things done, we their children to the doctor, dealing get what you want, but if you try have seen either nothing getting done, with their juvenile diabetes, their asth- sometime, you might just find you get dysfunction, or partisanship at its ma attacks, addressing very serious what you need.’’ I think that is where worst. That really is not good enough. chronic illnesses and the regular things we are right now. Everybody can’t get People in Michigan want us to work that happen to kids all the time, such what they want, but if we work to- together to get things done. They don’t as broken bones, bruises, the flu, and gether, if we listen to each other, if we want to see a situation where there is so on. respect each other, and if we quit tak- a cynical ploy of pitting children We are here today to stand up for ing the easy way out, we will get what against each other—one group of chil- those families and for an approach that we need. That is what the people of dren against another group of chil- is bipartisan. All of the items in our Maine want us to do. dren—for some political purpose, some amendment have bipartisan support Mr. TESTER. I think that is what divisive purpose. and can get done together, rather than the whole country wants us to do. There are a number of us who are the divisive underlying issue in front of The Senator brought up the point here this afternoon to offer an amend- us—the question of dividing groups of that if this body were all one party and ment, which will be coming up, to ad- children, using children as pawns in they all thought the same, it might be dress needs of children and families some political game. We have the op- easier. But it would be a lot worse. The around healthcare. It is something portunity to come together and extend truth is, diversity of thought is impor- which I care deeply about and which children’s health insurance. We want tant. Talking with people, getting com- my colleagues care deeply about. It is to permanently extend it. That is what promise, and finding the middle ground something I have been coming to the this amendment does. is what built this country. That is floor to speak about since September We know that, according to the budg- what built America. We need to look at 30, when we saw two very, very impor- et office, because of a number of dif- those principles when we move forward tant programs for children and families ferent things that have happened on on a bill like this. in Michigan have their Federal funding healthcare, we can extend it for not 6 Ten days ago, I was at the White expire—the Children’s Health Insur- years, as has been proposed, but for 10 House. Senator DURBIN was there. ance Program and community health years, and it can actually save billions There were about two dozen folks, be- centers. We have hospitals and ambu- of dollars. The families across the tween the House and the Senate, from lances and communities around the country—certainly the families in both parties. We saw the President country that also need us to take ac- Michigan—deserve to know that this more focused than I have ever seen him tion to make sure healthcare is avail- particular program will be extended before. He said: You bring us a bill on able in their communities. That is permanently so it is not used as a po- the issue of immigration, and I will what our amendment addresses as a litical pawn in the future or some sign it. I will be the bad guy, he said. whole. game, so that parents and children I will sign it. There is a bipartisan It is deeply concerning to me that aren’t used in some game because of group here who got together and did when we look at the Children’s Health other agendas. that, and then he said no. Insurance Program—it covers 9 million We can address that today as we look So the Senator is exactly right. The children across the country and 100,000 at the broader issues of how we give White House—the President—has to children in Michigan, where many of certainty to our military, certainty to provide the kind of leadership and as- them get their healthcare at health our veterans for their healthcare, bor- surance to know that he is not just centers. der security—we are a top border secu- going to say no, that he will take yes If we really care about these children rity State—and medical research and for an answer. I think it is very, very and their families and about the fami- the other things that need long-term important moving forward. lies of many people in Michigan— Look, we are at a moment in time 680,000-plus families who go to quality certainty that have not been able to where everybody looks at us, and I health centers in their community to get done in a very dysfunctional place think we have single-digit approval see a doctor or a nurse to get the care now, as we look at what is happening ratings—probably lower than that now they need—it is deeply concerning that here with one party in control. We need after last night. America is saying: those two pieces of healthcare for fami- to be looking and working together. Come on, guys. It doesn’t have to be lies would somehow be divided and pit- Let me say again, before turning to like this. You need to work together. ted against each other. my other colleagues, that the Chil- Everybody needs to work together We have strong bipartisan support. It dren’s Health Insurance Program cov- and come together and come up with came out of committee. I see our dis- ers 9 million children at risk. We want something that works for America, tinguished ranking member from Or- to make sure this is a permanent that solves the problems that are egon on the floor. He and the chair- healthcare program for the children of there. That is what I ask of this body man, myself, others—all of us, working this country and for working families. today. We all say basically the same together, brought a bill out of com- We are talking about families whose thing, so let’s just do it. Let’s put the mittee months ago—I assumed it was moms and dads work but may not have bill together, let’s bring it to the floor, going to happen immediately—that health insurance at their work but still and let’s vote and get it done. would extend children’s health insur- want to make sure the kids can go to Mr. KING. I thank the Senator from ance. the doctor and get covered. We provide Montana for his clear thinking, as al- Senator BLUNT, the senior Senator a way for them to do that with chil- ways, and his contribution to this dis- from Missouri, and I have bipartisan dren’s health insurance. cussion. I hope our colleagues will pay legislation, which 70 Members of the Secondly, they go to health centers. heed, as they always should, to the Senate have signed a letter supporting, Thousands and thousands of parents Senator from Montana. extending community health center use their children’s health insurance to Mr. TESTER. Mr. President, I yield funding. We assumed that we would go to health centers in Michigan, 260 the floor. bring children’s health insurance to across the State. Nationally, we have The PRESIDING OFFICER. The Sen- the floor right away, that we would 25 million patients, and 300,000 veterans ator from Michigan. combine it with community health are included in that. Some 71⁄2 million UNANIMOUS CONSENT REQUEST—H.R. 1301 centers, which are the way children children are served by health centers, Ms. STABENOW. Mr. President, we and families get their healthcare—you which is the other piece of this that are here on a Saturday on the 1-year have to have both—and we assumed needs to happen. anniversary of President Trump’s inau- that we would be on our way, that we In addition to that, we have a num- guration. After a year of our colleagues would pass this and that it would pass ber of other serious healthcare issues on the other side of the aisle being in the House and go to the President for that need to be addressed in what has the majority in the House and the Sen- his signature, and we would ease the been dubbed in the past the health ex- ate and the White House, we are find- minds of millions of families, of par- tenders package.

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.021 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S374 CONGRESSIONAL RECORD — SENATE January 20, 2018 Funding the Maternal, Infant, and tantly, for her advocacy for so many Why would Republicans—despite Early Childhood Home Visiting Pro- years, and maybe especially in the last their assertions that they want to gram, which is critical to families and year, on the Children’s Health Insur- move the children’s health insurance children, is part of the commitment. ance Program and all of the great work bill forward—let all of October, all of On the floor, we have heard a lot about she has done. November, and all of December pass caring about children. I am happy to This is a program which has been bi- after they already let it expire? Why hear that. I appreciate, for some, a partisan for a generation. I speak from would they let all that time go by? It newfound commitment to children’s the vantage point of Pennsylvania. It is not a mystery. We don’t have to hire healthcare. Others have been com- has been bipartisan in my home State a private investigator to find out why mitted for a long time. Let’s come to- for even longer than the Federal pro- they let it go that long. One reason is, gether and fund the Maternal, Infant, gram. In Pennsylvania, the program because for most of November or all of and Early Childhood Home Visiting was passed in 1992 and became law in November but certainly all of Decem- Program for new babies and moms. 1993, and so for longer than the Federal ber, until, I guess, about the 22nd of This would permanently repeal the program, which many people know December, they were focused on one therapy caps. That would help make started in 1997. priority, their tax bill, a tax bill which sure that seniors and people with dis- It has personal connections to me. is a giveaway to the superrich. The top abilities on Medicare receive the serv- My father was the Governor who signed 1 percent gets about $51,000 in year one. ices they need to get healthy. the legislation into law in 1993. Since I hope everyone else is going to do that This would provide adequate funding that time, every Republican and Demo- well—sorry, they are not. What do they for ambulance providers in rural com- cratic Governor and, for the most part, do in that bill in addition to helping munities. This is a big issue in Michi- the legislatures of both parties have the wealthy? They gave big corpora- gan. I am proud to be leading this ef- supported it, which has been the case tions not just the kind of tax cuts we fort to make sure that the small town here. It is only lately that CHIP has have never seen before—more than al- where I grew up, Clare, and other small become contentious. most $1.5 trillion for corporations—but The tragic irony here—or if you towns all across Michigan have ambu- they made it permanent. So they got wanted to use stronger language, I lance services so that in an emergency, permanent corporate tax relief when would use the word ‘‘insult’’—in this somebody will show up and show up they should have been figuring out a case, you had legislation to reauthor- quickly to take care of people and get way to get children’s health insurance ize—which is a fancy Washington word done. So that is the story of how we them to the hospital. for ‘‘do it again’’ with maybe some Funding for small rural hospitals, got from there to here. changes—the legislation was reauthor- like the one where my mom was the di- We hear now that because there are ized in the fall and was ready for pas- rector of nursing when I was growing changes in the cost of children’s health sage on the Senate floor. The majority up in Clare—they need to keep their that this would be a 6-year bill. Well, leader indicated that it had to get doors open. This would make sure that that is a good amount of time, but through committee, and it did. We had guess what. Guess what. Because of all happens. a unanimous vote in the Finance Com- All of these things are incredibly im- that change in the intervening period, mittee to have children’s health—to portant—funding our safety net hos- we could do a 10-year Children’s Health have that program be part of our law pitals, continuing the Special Diabetes Insurance Program and save billions of going forward. What happened? The dollars in doing it, compared to what Program, leading to new research and deadline was September 30. The Repub- therapies and ultimately leading to a Republicans want to do now. So if lican majority had the opportunity to there is this urgency to do something cure. bring that bill, the KIDS Act—that was In conclusion, let me just say what I about children’s health on the Repub- the bill—to the floor. If that bill were have said so many times. Healthcare is lican side, I say let’s join together and brought to the floor, it would have not only get children’s health insur- not political. Whether it is for chil- passed in a matter of hours, if not less. dren, whether it is for seniors, whether ance done—today we could do it. We The majority decided not to bring have all day today. We have all day to- it is for veterans, whether it is for fam- the Children’s Health Insurance Pro- ilies, healthcare is not political, it is morrow. We have a big weekend of gram reauthorization bill, the KIDS work here. Let’s get children’s health personal. That is what the fight for a Act, to the floor before September 30, long-term budget commitment to our insurance done and knock something so the program expired September 30. off the list. We don’t have to worry veterans’ healthcare is about, a long- Here we are, more than 100 days—I about it, but while we are at it, let’s term commitment to tackle opioids is guess it is 112 days or something like make it 10 years. I would argue that about, a long-term commitment for that—since it expired. Republicans had children’s health insurance should be a children and families is about, and, the power to get children’s health in- permanent program, just like the tax frankly, mental health and all of the surance done by September 30. They cuts for corporations. They found a issues that deal with healthcare above failed despite the fact that there was a way to give corporations permanent the neck, which needs to be treated the bill to do that. It could have passed on tax relief. Why wouldn’t you support same as healthcare below the neck. the floor very quickly. They have all permanent children’s health insurance? It is time to get this done. While the power to do it, to get it on the But if they can’t do that, we could at other issues are being sorted out, we floor, and they chose not to. least do it for 10 years. That is easy to should not be pitting children against That is bad enough, but it gets worse. do right here today, a 10-year Chil- children. Families are counting on us They had all of the month of October, dren’s Health Insurance Program so to do the right thing. I hope colleagues and they did nothing on children’s that 9 million kids and their families will join us in supporting this effort. health insurance. They had all of the and 180,000 in Pennsylvania can have I now yield. I believe this is Senator month of November, and they did noth- the certainty to know that despite the CASEY, Senator BROWN, and I who are ing on children’s health insurance. fact that it is over 100 days late be- offering this amendment. Senator They had all of the month of Decem- cause of Republican failure to get the CASEY—a passionate, long-term, de- ber, and they did nothing on children’s job done, we could get it done right voted, committed supporter and cham- health insurance. now, today. So let’s see what they do. pion for children—is right where he Now there is this newfound urgency Here is another issue we have to talk ought to be right now: on the floor of to make sure they criticize Democrats about because this bill that came over the U.S. Senate fighting for our chil- for not passing this defective piece of from the House didn’t address this dren and families. legislation that has major holes in it issue: community health centers. Eight The PRESIDING OFFICER (Mr. SUL- from the House, which was developed hundred thousand people in Pennsyl- LIVAN). The Senator from Pennsyl- only by the Freedom Caucus in the vania depend upon those community vania. House, and we are supposed to accept, health centers. There is nothing in Mr. CASEY. Mr. President, I thank I guess, whatever the Freedom Caucus that bill that we voted on last night to the senior Senator from Michigan for in the House wants. That is the way we address those 800,000 people in Pennsyl- her words today but also, more impor- are supposed to run the U.S. Senate. vania and tens of millions across the

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.022 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S375 country. The House bill didn’t even the House was an important program overseas. They were willing to do that. touch that. I guess those people we don’t talk about enough. It has been We asked them over and over—Senator shouldn’t have to worry. in place a couple of years. That is the HATCH and others in the Finance Com- Community health centers, we know Maternal Infant and Early Child Home mittee—let’s pass CHIP. They just after that expired, just like the Chil- Visiting Program, an evidence-based couldn’t get around to it. They made a dren’s Health Insurance Program—and home visiting program that supports choice. They made a choice to do tax the Republicans have the majority. at-risk pregnant women and young cuts for the rich. They made a choice They could have made sure the health families. That didn’t get done in this to let CHIP expire. They made a choice centers continued, but they didn’t. So bill. It was not in the bill. In fiscal not to bring a bipartisan bill passed after expiring, we know these health year 2017, funding for that program was out of the Finance Committee to the centers face a funding reduction of 60 $400 million. It is the right thing to do floor. They made a choice to spend percent to 70 percent. We also know, at to have that in place. their time and energy on other things. least in my State, of the 180,000 chil- We know that just in Pennsylvania, They have a choice today. I am call- dren covered on CHIP, something on for example, 3,282 families benefit from ing on my colleagues on both sides of the order of 9,000 children enrolled in this program. That is another part of the aisle—and I think Senator STABE- the CHIP program go to community this bill that wasn’t included. So if the NOW will make a motion to do this—to health centers. So having CHIP in majority is so concerned, as they pro- pass a permanent extension of CHIP, place is essential, but having commu- fessed last night—I wish they did this with no strings attached, the policy we nity health centers in place alongside months ago, but just last night, break- agree on, protecting health insurance it is also essential. What do those 9,000 ing news, they are concerned about the for 9 million children, with an added kids in Pennsylvania do if they have Children’s Health Insurance Program— bonus of saving $6 million in savings CHIP coverage but can’t go to the com- let’s pass it today. Let’s get it done for the Federal Government because munity health center down the street today and make it a 10-year program. CHIP frankly doesn’t cost very much. because it is closed because it wasn’t No one would have to worry for an en- Children don’t get sick very often addressed by House Republicans or tire decade about children’s health in- and don’t require a lot of medical care. Senate Republicans? surance if the Republican majority Some children do, and that is the So while we are at it this weekend, wants to join us in that effort. whole point of CHIP, so healthy chil- why don’t we get community health I yield the floor, and note that the dren can stay healthy and get regular centers done. In my State, 4,915 people next speaker is the senior Senator from checkups and, with an occasional ear work there in full-time jobs—4,915 peo- Ohio, a great fighter for our kids and infection, go to the family doctor with ple. for our families. an ear infection on the first day, rather The third issue of four—and I will be The PRESIDING OFFICER. The Sen- than the emergency room after the done in a minute—tax extenders. That ator from Ohio. child might experience intense pain or is kind of another Washington phrase, Mr. BROWN. Mr. President, I thank even, later in life, hearing loss, in some right? Well, in this case, not getting Senator CASEY and Senator STABENOW cases. It is there for those like Crys- these extenders done by the end of the for their leadership. They are exactly tal’s child in Columbus, OH, whom we year, which we almost always do no right about this. They are right about talked about. matter who is in charge—but guess maternal health, CHIP, rural hospitals, It is a policy that doesn’t just make what. They couldn’t do it. They didn’t and community health centers that so moral sense, it makes financial sense. get to tax extenders for rural hospitals many people depend upon, and I thank It is time for Republican leaders to by the end of the year because guess them very much for their work. I stop holding CHIP hostage and families what. They were working on their tax thank the ranking member of the Fi- hostage to their failed budget process. bill for big corporations and rich peo- nance Committee, Mr. WYDEN, for join- I know they broke out a plan the other ple. So rural hospitals got pushed ing us. Mr. CARPER, I believe, will be day, as their political talking point, to aside, just like children’s health got joining us too. try to use it to pass a bill that really pushed aside, just like community It has now been 112 days since fund- wasn’t all that good a bill. These are health centers got pushed aside be- ing expired for the Children’s Health not bargaining chips, these are kids. cause they had to get their tax bill Insurance Program. It has been 112 In my State—the State where the done for those big corporations and days of uncertainty for families, 112 Presiding Officer grew up—209,000 Ohio rich people. So tax extenders for rural days of mothers worrying about being kids, and 9 million kids nationwide, hospitals didn’t get done. Rural health able to afford their child’s checkups, roughly a number not much higher providers face hundreds of billions of 112 days of fathers who will have to than that in Pennsylvania and lower dollars of cuts across the Nation. choose between the heating bill and than that in Michigan, in the 3 of our I represent a State that has 67 coun- medicine for their kids, and for every States, there are 600,000 kids who right ties, but we have 48 counties of those 67 one of those 112 days, the Republican now are getting insurance from CHIP. that are rural. In those 48 rural coun- leaders in Congress have made a choice Remember, these are kids whose par- ties, about 279,000 people got about extending CHIP, and we know it ents generally work making $8 to $10 to healthcare either through the Medicaid is something that has been bipartisan $12 an hour. They are not kids whose expansion or through the exchanges. In for two decades. parents have jobs that pay insurance. those communities where there is a The chairman of the Finance Com- They are not Congressmen and Con- rural hospital—sometimes there is only mittee loves to brag about the fact gresswomen and Senators who have one hospital for a long distance—those that he was there at its inception. He really good health insurance but for communities rely upon that hospital invented it with Senator KENNEDY or some reason think it is OK to deny it not just for healthcare but for jobs. he invented it and Senator KENNEDY from others, from working families. Sometimes—in most places, it is the came along afterward or whatever ac- These are working families. These are biggest employer in the county or the tually happened 20 years ago, he loves children whose parents have jobs but second biggest employer. In my State, to brag about it. In the Finance Com- don’t have insurance. there are between 20 and 30 rural coun- mittee, with Senators CASEY, CARPER, Think about the families and the ties where the hospital is either the WYDEN, STABENOW and others, we asked stress they are facing. Think about the biggest employer or the second biggest. him about it repeatedly during the tax letters I get and Senator CASEY gets They need those tax provisions in bill. about the stories we get from Ohio and place, but the majority did not get that Again, they were willing to pass a Pennsylvania families. done. tax cut in December, where 81 percent Josh from Cleveland said CHIP Finally, I will end with this. The sen- of the benefits in that tax bill went to ‘‘helped me arrange for my family to ior Senator from Michigan highlighted the richest 1 percent. That bill will en- get the health coverage they needed this, and I think it is important. An- courage more companies to shut down while I looked for a new job. As a par- other thing that didn’t get done that in Erie, PA, and Ashtabula, OH, or in ent . . . that peace of mind, knowing wasn’t in this bill coming over from Pittsburgh or in Cleveland and move that my family is secure getting the

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.024 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S376 CONGRESSIONAL RECORD — SENATE January 20, 2018 medical help they need should some- fore it expired, then in October, then in ment, and the powerful and the well- thing God forbid arise, is priceless.’’ November when we begged the Finance connected got first-class treatment. As The letter he sent to us underscores chair to do it, then in December during my colleagues have said, you didn’t the fact that all kinds of parents over the tax reform. I know my colleagues hear much of a mention about the Chil- the Christmas season, over the holiday wanted to that, but for whatever rea- dren’s Health Insurance Program back season—low-income, hard-working par- son, Senator MCCONNELL, whose office, then. ents, in most cases, $8 to $12 an hour— as we know, is down the hall and has Our friend, the distinguished major- they are not buying a lot of stuff for lobbyists running in and out—CHIP ity leader, MITCH MCCONNELL, was over their kids at Christmas anyway. They families didn’t really have very good here last night—I think my friend from are trying to figure out how this is lobbyists. I don’t know why it works Michigan knows her well, but the ma- going to work over the Christmas sea- that way, but insurance companies did, jority leader, talking last night about son, but they are anxious. They have to and I guess that is how this town the Children’s Health Insurance Pro- worry about whether they are going to works. gram, sounded as if he were Marian have insurance in the new year while I asked Leader MCCONNELL and Sen- Wright Edelman, the founder of the Congress passes the tax cuts. ator HATCH time and again to bring Children’s Defense Fund. Last night he Tiffany from Cleveland wrote: this bill to the floor and allow a vote. was saying that this was the biggest My son relied on CHIP. . . . Without CHIP, Senator CASEY asked them; Senator priority to him. We had to make sure we would not have been able to afford to get STABENOW and all of us did. It was Sep- the kids got a fair shake. him intensive speech therapy for his severe tember, October, November, and De- I looked over and I said that I . . . diagnosis. Without this speech therapy, cember, but they chose to do other thought I was listening to Senator Ted he would not be able to speak today. CHIP things. They have a chance to make a Kennedy, who had devoted his whole gave him a voice. Now I want to use my own life to healthcare. voice to give other kids like him a chance. different choice today, a chance to stop using children and families as bar- Before we go to my colleague’s im- Linda from Johnstown wrote to me gaining chips, a chance to choose mak- portant unanimous consent request, I about her daughter and grandchild. ing policy over playing politics. If this just want to go through a little bit of The CHIP Program is vital to my daughter is really about children’s healthcare, I the history on this. Back in the fall, on and grandchild. My daughter is a hard-work- the Finance Committee, we were com- ing, tax-paying, 26-year-old, single mother challenge Leader MCCONNELL to bring with a 4-year-old son. She works over 40 a clean, permanent CHIP bill to the mitted to a multiyear Children’s hours each week as a chef. They do qualify floor right away. There is no reason to Health Insurance Program, generously for CHIP and it is a tremendous help. . . . hold this up while we continue to fight funded, and we wanted it done in early Without the CHIP program, she would be over the budget process. Pretending October. We had virtual unanimity in forced to find other ways to make ends meet, that the two must pass together, of the Finance Committee. I think there or perhaps even to quit working, so that she course, is a fallacy. was only one Senator who had reserva- would qualify for full public assistance. A permanent CHIP extension that tion, and we worked with him as well. So I remind my colleagues, all of provides certainty to families and $6 So we were ready to go in the fall. Had whom have insurance paid for by tax- billion in savings to the Federal Gov- we moved then, all of those families payers, if we don’t pass CHIP, people ernment will pass overwhelmingly. We wouldn’t have had the months and like this young woman—people like will be the first enthusiastic votes months of heartache, and the wonder- Linda’s daughter, who has a child—she cast. ful people who run the Children’s might have to quit her job as a chef, Thank you. Health Insurance Program, who were her more than 40-hour-a-week job, so The PRESIDING OFFICER. The Sen- trying to figure out if they had to send she can then go on Medicaid and get in- ator from Oregon. out a notice and tell people ‘‘Well, surance for her child. Does that make Mr. WYDEN. Mr. President, before he maybe it is not going to be there,’’ and any sense to anybody? leaves the floor, I know the distin- how to tell them and when to tell Another grandmother—it is always guished Senator from Ohio is going off them—we could have spared everybody the grandmothers; never underestimate to champion yet another cause for all of that. them—Suzanne from Columbus wrote workers—the whole question of justice People find it hard to follow what to me: with pensions. I want to thank him for goes on here in the U.S. Senate. Fol- As a pediatric nurse for 40 years, I have his eloquent remarks, as well as our lowing government is tricky under the seen firsthand how . . . CHIP . . . has pro- colleague from Pennsylvania, Senator best of circumstances, but this is not a vided essential healthcare and saved lives. CASEY, and my seatmate on the Fi- complicated proposition, as my col- As a grandmother, my grandchildren . . . TABENOW league from Michigan has stated. The benefited. Their father is deceased and my nance Committee, Senator S . daughter can’t afford the high cost of her I will be making some remarks, and Republicans in Washington, DC, with company insurance but makes too much to we may have another colleague or two respect to the Children’s Health Insur- qualify for Medicaid. Without this program, come, and then Senator STABENOW on ance Program, run all of the critical my grandchildren would not have had ade- behalf of all of us will be making a mo- branches of our government that relate quate healthcare. tion with respect to these health pro- to these kids. The Presidency is occu- So many of these families—think grams. For my three colleagues on the pied by a Republican, the Senate is run about them. As Pope Francis admon- Finance Committee, thank you for by Republicans, the House is run by ished his priests: Go out and smell like your commitment—months and Republicans. All of those institutions the flock. Go out and listen to your months of commitment around the could have made it possible for us to constituents around the country, I beg proposition. As Senator BROWN just take our bipartisan CHIP bill and enact my colleagues. I think, if you had, that said, this program should have become it in October. It could have all hap- we would have seen CHIP reauthorized law a long, long time ago. pened then. months ago, but that is the past. It is heartbreaking to see these CHIP People are trying to watch this now So many of these families are just families put through the political ring- and are wondering why the kids didn’t like Linda’s and Suzanne’s daughters. er; there is no other way to describe it. get healthcare, and it didn’t have to be They work full time. They just aren’t They come up to us—the moms, the this way. I know because Chairman lucky enough to work for employers families—and they talk about how they HATCH, whom we all admire—40 years that offer health insurance. All of us are being told: Well, maybe this pro- in the proverbial ring; he was a boxer— are that lucky. Again, I don’t know gram isn’t going to be around pretty is retiring. Because this storied pro- how we can stand here with insurance soon. And they heard that at the end of gram was so important to him, I spent paid by taxpayers and not do anything the year there was going to be big slabs an enormous amount of my time work- about it. Make no mistake, that is of tax relief for those at the top and ing both inside and outside the Con- what Republican leaders did for 112 some multinational corporations. What gress to line up support for this bill, days. did these kids get? They got something and one of the reasons we moved first I know that most of my colleagues called a patch. In effect, that says it in the Senate is that we knew we wanted to pass CHIP in September be- all. They were given second-class treat- might have some challenges with this

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.025 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S377 program in the other body. So I spent was really our priority all along,’’ but surance. I am glad we are doing that, a lot of my time trying to line up sup- I think the record shows something but it is in the context of pitting one port for a bill that Chairman HATCH else. That is why I look forward to my group of children against another felt particularly strongly about be- colleague’s motion to make the Chil- group of children and not recognizing cause of his history on it, and we could dren’s Health Insurance Program and that the majority of families who have have moved then. the other programs that we have children’s health insurance need to use Somehow, shortly after the Finance fought for so hard—particularly the community health centers. That is Committee acted in a manner that is community health center program, where their doctor is, that is where really a textbook for how the Senate which has been a lifeline to so many they get their care, and that is cyni- ought to work, things went off the families who walk an economic tight- cally not included in this. rails, not because of Democrats but be- rope balancing the food bill against the We have an opportunity now. I am of- cause immediately after we acted, the fuel bill and the fuel bill against the fering a unanimous consent request on other body—the House—went forward rent bill. a set of policies that have bipartisan with a bill that was ensnarled in par- I look forward to my colleague from support that we could get done today, tisan fighting to the point that many Michigan closing this part of the de- not in a divisive way, not pitting chil- on our side who believe deeply in the bate. I want to thank her and note that dren and families against each other Children’s Health Insurance Program the eloquent speakers on this topic but actually doing something together couldn’t support it because it meant, have years and years’ worth of exper- that would be in the best interests of for example, doing great harm to Medi- tise. Our colleague, Senator CARPER, the majority of Americans—middle- care and other kinds of programs. That got held up. He was going to be here— class families and folks trying really began this kind of odyssey where, for another good member of the Finance hard to stay in the middle class or get months, there was always something Committee who was with Bill Clinton into the middle class. more important for the leadership of when they really were part of launch- Mr. President, I ask unanimous con- the three branches of government—the ing this whole effort. sent that the Senate proceed to the im- White House, the Senate, and the I am very grateful to my Finance mediate consideration—I am being House—than these kids. That is the Committee colleagues. I look forward asked to hold off. I will be happy to do bottom line. For 3 months, there was to the motion to be made by the distin- that while we have a moment where de- always something more important. guished Senator from Michigan. tails are being worked out. My eloquent colleague, Senator STA- The PRESIDING OFFICER. The Sen- Mr. President, I suggest the absence BENOW, came to the floor during that ator from Michigan. of a quorum. period day after day after day, saying: Ms. STABENOW. Mr. President, be- The PRESIDING OFFICER. The Why can’t we do this now? All the stars fore offering a motion, I first want to clerk will call the roll. are aligned. thank our ranking member from Or- The legislative clerk proceeded to Again, there was always a reason not egon, who is so dedicated, so pas- call the roll. to do it. I will tell you, because we sionate, so smart. He works tirelessly Ms. STABENOW. Mr. President, I ask serve on the Finance Committee, it every day. It is such a pleasure to serve unanimous consent that the order for was particularly sad to see in Decem- with him. He is someone who has a dis- the quorum call be rescinded. ber how those who had power and clout tinguished career of fighting for mid- The PRESIDING OFFICER (Mr. and were well-connected and had lots dle-class families, for working people, FLAKE). Is there objection? of lobbyists—their priority went lick- for the right kinds of things. He came Without objection, it is so ordered. ety-split through the U.S. Senate. A from working with the Gray Panthers Ms. STABENOW. Mr. President, be- whole tax reform bill—unlike what was and senior citizens, and he brings that fore I make a unanimous consent re- done when Ronald Reagan got together to work every single day, and I thank quest—and we will do that as soon as it with my friend, Bill Bradley, and they him for that. is appropriate—I just want to stress spent months working in a bipartisan I want to stress before offering a mo- again why we have been on the floor way, the powerful and the well-con- tion that he and other colleagues—Sen- this afternoon. It is because we know nected got what they needed in a mat- ator CASEY, Senator BROWN, Senator we have bipartisan support not only for ter of weeks. They set a land-speed CARPER, whom we had hoped would be the Children’s Health Insurance Pro- record for moving a tax reform bill. joining us, and I know is trying to as gram but for the health centers where They had to borrow $1.5 trillion, and well—have all stressed the fact, first of they get their healthcare, and we can hundreds of billions of dollars went to all, that we are at the 1-year anniver- address this without pitting children the most influential, the most well- sary of this President. For the first against children through the unani- connected, and the kids at the end of time in a number of years, we have the mous consent request I have and the the year got their patch. House, the Senate, and the White amendment I am offering along with That brings us to last night. I have House all controlled by Republicans, Senator BROWN and Senator CASEY. worked with the majority leader on a and over and over again, what has got- In addition to that, there are critical host of issues over the years, but I will ten the priority? What has gotten issues that normally get done before tell you that having him come to the done? Things for the wealthiest Ameri- the end of the year but did not. Those floor and talk about how committed he cans and people with really big lobby- issues relate to rural hospitals, ambu- was to the Children’s Health Insurance ists, special interest lobbyists. That is lances, pregnant moms, children, and Program after turning his back on it what gets done over and over again. so on that normally have bipartisan for months and months—that is a little So when, in fact, the funding ran out, support. So we put these together in a much. That is a little much. not only for children’s healthcare but bipartisan effort that really addresses Today, months after it ought to have also for community health centers and not just one piece of the Children’s been done, we are going to try to ad- other important priorities that needed Health Insurance Program but the vance this long-delayed priority. It is a to get done for rural hospitals, ambu- places where they go to get their long-delayed priority, which has had a lances, special diabetes programs, and healthcare. storied, bipartisan history which, if we other things, those have been shoved They are going to small hospitals had our way, would have been built aside over and over and over again with like in the town where I grew up or upon back in October—a bipartisan bill people waiting and waiting and wait- where my mom was director of nursing, with the lead sponsor being our distin- ing. Why? Because the needs of the and they are going to community guished retiring colleague, Chairman wealthiest Americans, the needs of the health centers. We need to address HATCH, on its way to the President’s special interests, the folks with the big these together. These are things we desk early in October. But for all of the lobbyists have been the ones who have have done together. reasons I have described, it was de- taken priority this last year over and Therefore, I ask unanimous consent railed. over again. that the Senate proceed to the imme- Now the hour is late, and I guess it is So now we get to a point where we diate consideration of Calendar No. 36, convenient for them to say ‘‘Well, it are talking about children’s health in- H.R. 1301; that the Stabenow-Brown-

VerDate Sep 11 2014 00:33 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.027 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S378 CONGRESSIONAL RECORD — SENATE January 20, 2018 Casey amendment, providing for a per- Again, we can do all of this today. We I ask unanimous consent that the manent extension of the Children’s have a way forward. It is right in front Senate proceed to the immediate con- Health Insurance Program, a 5-year ex- of us and ready to go. sideration of Calendar No. 290, S. 2274; tension of the Community Health Cen- Mr. President, I ask unanimous con- I further ask unanimous consent that ter Program, and extensions of other sent that notwithstanding rule XXII, the bill be read a third time and expired Medicaid, Medicare, and health the Senate immediately vote on the passed, and the motion to reconsider be extenders, which is at the desk, be con- motion to invoke cloture on the mo- considered made and laid upon the sidered and agreed to; that the bill, as tion to concur with amendment, which table with no intervening action or de- amended, be considered read a third funds CHIP and reopens the govern- bate. time and passed; and that the motion ment; further, that if cloture is in- The PRESIDING OFFICER. Is there to reconsider be considered made and voked, all postcloture time be consid- objection? laid upon the table with no intervening ered expired and the Senate imme- Mr. MCCONNELL. Mr. President, re- action or debate. diately vote on the motion to concur serving the right to object, the men The PRESIDING OFFICER. Is there with further amendment. and women of our armed services objection? The PRESIDING OFFICER. Is there should not be left to suffer at the hands Mr. MCCONNELL. Mr. President, re- objection? of political obstruction. These troops serving the right to object. The Senator from Oregon. are deployed in harm’s way, and left The PRESIDING OFFICER. The ma- Mr. WYDEN. Mr. President, reserving behind are their families and col- jority leader. the right to object, and I will object leagues training to replace them. It is Mr. MCCONNELL. Thanks to the here in a moment. I just would like to irresponsible that their pay, to include Democratic leader’s decision, along say that on our side, we feel so strong- imminent danger pay, would be delayed with my good friend from Michigan, to ly about getting this resolved. We now because the Democrats are insisting filibuster an extension of the State are seeing a whole host of discussions that we deal with illegal immigration Children’s Health Insurance Program, between Members on both sides of the exclusively on their terms. low-income families are going to slip aisle in the Senate. We are hearing Let me remind the Senate that we closer to losing health coverage for about discussions between this body have an All-Volunteer Force that their kids. In many States, it is al- and the other Chamber. doesn’t ask much of us, but we are ready an emergency. It would be my hope that with the obliged to pay and support them. We There was a carefully crafted com- good faith we have seen since last owe them the certainty of a full-year promise that she and every Democrat night—and I know the distinguished funding bill. Therefore, I object. on the committee supported. The Sen- Presiding Officer is involved in some of The PRESIDING OFFICER. Objec- ate has not reviewed this new proposal these discussions—that with those tion is heard. currently being offered today, but kinds of good-faith discussions, we UNANIMOUS CONSENT REQUEST—H.R. 1301 Members are serious about funding would have a chance to get this re- Mr. MCCONNELL. Mr. President, I CHIP. solved and address the concerns the ask unanimous consent that the Sen- There is a bill before us that reau- American people have in a matter of ate proceed to the immediate consider- thorizes the program for a full 6 years days rather than several weeks. ation of Calendar No. 36, H.R. 1301; that and can be signed into law today. The So, for that reason, I object. the McConnell amendment at the desk, only thing preventing CHIP’s reauthor- The PRESIDING OFFICER. Objec- which provides for full funding for au- ization from being signed into law tion is heard. thorized activities in the National De- today is the Democratic filibuster of The Senator from Maryland. fense Authorization Act, be considered the House-passed bill. Therefore, I ob- UNANIMOUS CONSENT REQUEST—S. 2274 and agreed to, the bill, as amended, be ject. Mr. CARDIN. Mr. President, I take considered read a third time and The PRESIDING OFFICER. Objec- this time to propound a unanimous passed, and the motion to reconsider be tion is heard. consent request concerning our Federal considered made and laid upon the Mr. MCCONNELL. Mr. President, the workforce. The reason for doing this is table with no intervening action or de- House of Representatives, the Presi- we have gone through shutdowns be- bate. dent, and a bipartisan majority of Re- fore. It has been our view that our Fed- The PRESIDING OFFICER. Is there publican and Democratic Senators all eral workforce should receive their objection? agreed on a compromise bill that would pay. That has been a bipartisan effort Mr. CARDIN. Mr. President, reserv- have prevented a shutdown. We can after each of the shutdowns. ing the right to object, if I might, what pass this bill today and have it signed I can tell my colleagues our Federal Democrats and, I hope, Republicans into law so we can end this nonsense. workforce is concerned. They are con- have been trying to do is to get a budg- There is one way to do all of this, and cerned as to those who are on furlough, et for this country. That is what we it is right in front of us—the pending whether they will receive their pay- have been saying. Let’s stay here and measure. checks when the government opens up negotiate the budget. Let’s pass a very It would enable Congress to do the again. I was pleased to see a comment short-term CR. Let’s get these budget commonsense thing: keep negotiating come out of the White House, where numbers done so that not only on de- other issues while providing for our the White House said they support the fense but on nondefense we can provide troops, our veterans, and millions of pay for our Federal workforce. I think the support they need. vulnerable Americans, but the Demo- it is important we give them that as- I came to the floor to make sure our cratic leader chose to filibuster that bi- surance. Federal workforce knows we are behind partisan bill. I understand there is disagreement as them and to make sure they under- So here we are. Day one, and already to what has happened to date and how stand that whether they are furloughed funding is in jeopardy for our veterans we are going to reopen government, or not, they are going to be paid for and our troops. Funding for a 6-year but let’s not make our Federal work- their services. That is what we have al- children’s health insurance bill is sit- force have anxiety where they should ways done together. ting here because the Democratic lead- not have it. Our Federal workforce has I take this time because I want to get er filibustered a bipartisan compromise suffered long enough under furloughs a budget for the entire country. We are that a majority of Senators supported and CRs and pay raises that have been not going to be able to divide the issue and chose instead to shut down the less than cost of living and shutdowns, and say we are going to take care of government. et cetera. some but not all. That was not the pur- Thanks to the Democratic leader’s So I would hope, on a bipartisan pose of my unanimous consent request. decision to filibuster an extension of basis, that we could do what we have Therefore, for those reasons, I object. the State Children’s Health Insurance done every shutdown; that is, to tell The PRESIDING OFFICER. Objec- Program, low-income families will slip our Federal workforce that when we re- tion is heard. closer to losing healthcare coverage for solve these issues, we will make sure The Senator from Montana. their kids. In many States, this is al- they are paid if they are furloughed Mr. DAINES. Mr. President, I am ready an emergency. today. here to make one point crystal clear

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.029 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S379 for those Montanans who are won- agree more about the necessity to see my good friend from West Virginia dering what is going on with their gov- move forward on more stable funding. is on the floor. He is certainly one of ernment. There have been a lot of A number of Senators were just down them. He is on that committee. We speeches given today and last night, on the floor giving very passionate re- talk about this issue a lot. Senator and there have been a lot of interviews marks about the Children’s Health In- KING was on the floor again. He is fo- going on. Let me try to sum it up as surance Program, CHIP. Again, it is cused on this issue. It is an issue that succinctly as possible. very important in my State. A lot of a lot of us in this body have been fo- The reason the government has shut people in this country are concerned cused on daily, whether on the Armed down is because of a controversial ille- about the reauthorization of CHIP, and Services or in other committees. The gal immigration policy that was not there were some passionate statements Senator from West Virginia and I also included in a bill that funds the gov- on the floor. I would say to my col- serve on the Committee on Veterans’ ernment. If you don’t know that, you leagues respectfully, and I respect all Affairs together. For me, it is one of are missing the facts. of them and welcome the opportunity the most important issues that we can We should not hold the country hos- to work with all of them, they didn’t focus on in this body—the national de- tage for a controversial immigration actually address one issue. When they fense of our country. policy that impacts only .0007 percent said that a lot of Americans have been I have had the honor of serving in the of Montanans, but a minority of the worried about this happening for the Marine Corps for almost a quarter of a U.S. Senators want to shut down the last 3 months, they didn’t actually say century. For my State—the great government, and now their leader is why they didn’t vote to reauthorize it State of Alaska—these issues are enor- filibustering the U.S. Senate. last night for a 6-year reauthorization. mously important to my constituents. This is a huge mistake. We need to The Senator from Ohio talked about We have more veterans per capita than get the government back up and run- how people were worried and con- any other State in the country, thou- ning so the least amount of pain is felt cerned. Well, guess what—last night he sands of Active Duty and Reserve by Montanans and the American had the opportunity to get rid of their troops, thousands of civilians who sup- people. worries and concerns. And when they port them, and numerous bases in Alas- The PRESIDING OFFICER. The Sen- woke up this morning, they were still ka because of our strategic location. A ator from Alaska. worried and concerned, and so are my number of us really care about these Mr. SULLIVAN. Mr. President, as we Alaskan constituents, which is why I issues regarding the military and fund- all know, right now the government is voted for the bill last night. Had they ing and supporting our troops. in a shutdown. It is unfortunate. I cer- voted for the bill on CHIP, the worries As I mentioned, I welcome the Demo- tainly don’t think it should have hap- and concerns would have gone away. cratic leader’s new focus in the last 72 pened last night. So there were a lot of passionate hours on military readiness and full But I think there is some good news. speeches on this issue, but not one of funding as we put forward a national Watching some of the speeches today, them actually said: But here is why I defense authorization bill that really we see a lot of ideas coming to the didn’t vote for it last night. It would be started to rebuild our military and sup- floor, a lot of bipartisan ideas on a lot good to know what the answer to that port our troops and their families. But of key issues that hopefully our coun- is. I must admit that I am a little bit try is going to make some progress on. But I really wanted to come to the skeptical. As a matter of fact, I am Let me give a few examples for those floor again to emphasize something I very skeptical. I think the American who have been watching and those who have made a few remarks on in the last people who are watching these debates haven’t. couple of days on the floor because it is and listening—whether on TV or in the The Presiding Officer, my friend from something that I am concerned about, Gallery—when you see these new talk- Arizona—I am not trying to embarrass and it is something I want the Amer- ing points of concern from the Demo- him or anything. I watched his speech ican people to recognize, and it is a big cratic leader about our troops and a couple hours ago on the way forward issue for me. funding, you should be skeptical too. and what we can do to break through I think the American people need to Why? What is really going on here? this unfortunate circumstance we have be skeptical when they hear on the Why all this new talk? right now, and he certainly has a lot of floor the minority leader and part of Again, there has been more in 72 good ideas. I commend him and appre- his leadership team with their new hours than I have seen as a Presiding ciate his leadership on those issues. talking points about their focus on the Officer and watching C–SPAN in 3 My good friend, the Senator from military and military spending and re- years from the Democratic leader on Maine, Senator KING, was down here building our military. how important it is to fund our troops. talking about continuing resolutions In the run-up to the shutdown, we I think he might be overcompensating. and these huge omnibuses, and I would had started to see the minority leader I think they might be a bit worried. I agree with him completely. As a mat- and some of the leadership team trot- think they may be feeling a bit defen- ter of fact, Senator KING and I had a ting out new talking points. They went sive. I think they might be trying to long discussion on the floor last night like this: With the shutdown approach- preempt arguments that their policies about how the system is broken. There ing, we are really, really concerned of late are actually really harmful to are a number of Senators—I think about the military and readiness and the military, our troops, and their fam- some of the newer Senators—who see it funding for our troops and their fami- ilies. that way. This is no way to move for- lies and rebuilding the military. If you look at the record, their poli- ward, to fund our government with In fact, in the last 3 days, I think I cies of late have been really harmful to these continuing resolutions and huge have heard more from the leadership of our military, our troops, and our fami- omnibuses at the end of the year. So a the other side on this issue than I have lies. And this is the most important number of us—and I think it is bipar- in my 3 years in the Senate. I think the point. Actions on this issue speak loud- tisan—want to look at reforms to fix minority leader in the last 3 days is er than words. Policies that are being this. Senator PERDUE of Georgia has starting to sound like my good friend promoted are a lot more important to been leading efforts. I think it is very from Arizona, Senator MCCAIN, this look at than newly crafted, slick talk- important—and I certainly am part of body’s true champion of the military ing points. that group—to look at longer term and military funding. Let me provide a few examples. The fixes. I actually welcome this change of most recent was last night. We had a The Senator from Michigan came heart by the minority leader. There is government shutdown. We didn’t need down and talked about community a group of us in the Senate—many who to have a government shutdown, but health centers. Community health cen- serve on the Armed Services Com- we had a government shutdown. It was ters are incredibly important for my mittee, led by Senator MCCAIN—who driven by the Democratic leader. The State of Alaska. Ten percent of all have been focused on increasing fund- people who are hurt the most on this, community health centers in the coun- ing for our troops. A lot of it is Repub- by far, are our troops and the civilians try—160—are in my State. So I couldn’t licans, but it is also some Democrats. I who support them. We all know this.

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.030 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S380 CONGRESSIONAL RECORD — SENATE January 20, 2018 As of today, guess what. The lance country increase. There is nobody who this because they didn’t all support it. corporal in the Marine Corps, who is disputes that. ISIS, Iran, Russia, You need only 41 to filibuster, as we deployed overseas in Iraq, is not get- China, North Korea—these are all chal- saw last night. ting paid. A lance corporal doesn’t lenges facing us right now, and we have A number of us said: Well, let’s keep make a lot of money. Well, he is not been cutting our spending and cutting bringing it up. They can’t be serious. getting paid. He is risking his life for troops, dramatically cutting troops. Our troops are in combat. Everyone his country. He is in combat, pro- I think pretty much everybody in knows we have national security tecting our national interests, and he this body is saying: Whoa, bad idea. We threats. doesn’t get paid. That happened last shouldn’t do that. The bill came out of committee night. In the NDAA, we dramatically in- unanimously. Let’s bring it up again. I We talk about how bad a continuing creased our authorization for the mili- guarantee you, if their constituents resolution is. Again, the Democratic tary. That was a good step—very bipar- back home, whatever State they are leader was saying: Hey, a continuing tisan. But in these negotiations we from, whatever party they are—Demo- resolution is really bad for our troops. have been having over the last several crat, Republican—knew that their Sen- That is why I am so skeptical of it. I months, the demand from the Demo- ator was filibustering the spending for want to protect the troops. cratic leaders was, any increase in the their national security, the troops, and Wrong. A continuing resolution is Department of Defense budget has to their families, they probably wouldn’t really bad for our troops; there is no be met with an equivalent increase in be very happy. doubt about it. But what is worse is a domestic agencies. In other words, if We brought it to the floor again and government shutdown. Ask any mili- you want to increase the budget for the again and again—five times. Guess tary leader. Ask any military leader Marine Corps, increase the budget for what. Every time, the Democratic lead- what the disruption that happened on the EPA. ership filibustered spending for our the Senate floor last night does to our I think most Americans don’t agree troops. readiness and our ability to protect with that. It certainly doesn’t show I guarantee you, there was probably this country. some kind of newfound respect for sup- 80 percent support in this country, or I have served in the Reserves and on porting our troops. But that is what is more: Hey, let’s vote on that. It came Active Duty for almost 25 years. I re- happening right now. Again, actions out of committee unanimously. The member, in 2013, getting ready for Re- speak louder than words. troops are protecting us all over the Let me provide one final example of serve duty training. We didn’t even world. Let’s vote on that. actions that certainly don’t seem to be know if we were going to train or not— We never got to vote on it. supporting our military, speaking loud- no emails. We had no idea what was In conclusion, the next time the mi- er than words. Unfortunately, the going to happen when the government nority leader comes to the floor during other side is starting to have a prac- was shut down. It was chaos, just as this debate, emphasizing his concerns tice, a regular practice, of filibustering the Democratic leader predicted it about our troops and their funding and spending for our troops. Let me explain would be. the need to rebuild them and their this. In 2015, a number of us were newly Here is another one—survivor bene- well-being, Shakespeare’s insights elected, and we said: We need a better fits. A survivor benefit goes to a spouse about protesting a bit too much should budget process. Obviously, we are see- or child of someone who is related to come to mind. Be skeptical. Be skep- ing that it is not working well. Let’s go one of our heroes who was killed in the tical. Actions speak louder than words. through regular order. Let’s get the line of duty. It is really important that This has not been a focus of the Demo- Appropriations Committee to work we, as a government, take care of those cratic leadership. really hard and put out 12 appropria- Here is what I believe is happening. families. Guess what happened last tions bills, which they debate in the night when we shut down the govern- Given their actions—including what appropriations committee. Then, let’s happened last night, which really ment. Survivor benefits were stopped; bring them to the floor and vote on harms our military, and everybody they are not being paid. them. That is a way to avoid this crazy Again, stay skeptical on this idea knows it—the specter of the Demo- omnibus, continuing resolution debacle cratic party once again becoming that ‘‘Hey, we really are—new points, that we find ourselves in today and equated with America’s anti-military, we really are supporting our troops.’’ most of the time. We were really fo- which occurred in the 1970s, is haunt- Last night was a case in point where cused on doing that. We tried. actions speak louder than words—not As a matter of fact, the Appropria- ing them. supporting the troops at all. tions Committee did a great job. It was Again, I serve on the Armed Services The civilians—in my State we have a lot of hard work—very bipartisan. Committee. I serve with wonderful hundreds, if not thousands, of patriotic They reported out 12 appropriations Senators—Democrats and Repub- civilian members of the military or ci- bills by the spring of 2015. Most of licans—who support the military, who vilians who support the military— those bills were very bipartisan. support our veterans being on the Com- many of whom are retired military— What we thought was, all right, that mittee on Veterans’ Affairs, and I who are now not going to go to work on is a good start. Everyone seems to know the vast majority in this body Monday, if we are still shut down, at want to do that. Let’s bring up the bill support our troops. But the actions of the military bases to support our that is actually important. In 2015, the leadership on the other side don’t troops. That is not helping our troops. with the rise of ISIS, our troops are in show that. Yet they are trotting out Let me give another example of combat. Let’s bring up the Defense ap- new talking points about their new- where actions speak louder than words. propriations bill, which came out of found focus of rebuilding the military We have been having very difficult dis- committee unanimously. Every Sen- and taking care of our troops and their cussions, and they are tough. It is one ator on the appropriations com- families. of the reasons we need to fix our budg- mittee—Democrat and Republican— Let me make this final suggestion. et process as to what level we should be voted for that. The best way to actually show that to increasing funding for the military. Let’s bring that to the floor. We did. the American people, all of whom sup- Those on the Armed Services Com- Let’s have a debate. We are going to port it, is not through newly crafted, mittee have authorized a significant fund our military—these new talking slick talking points but through ac- increase. Again, it was bipartisan on points about our supporting our troops. tions and policies that truly and sin- the NDAA bill, but the Democratic What happened that summer? The cerely focus on what we all agree we leader has been demanding in these ne- Democratic leadership filibustered the need to do, which is rebuild our mili- gotiations what he calls parity. spending for our troops. They wouldn’t tary, rebuild readiness, take care of the It sounds simple. What does that let us vote on the bill. They wouldn’t troops and their families. We can start mean? Let me give you a little back- let it come to the floor. They stopped by ending this ill-conceived govern- ground on that. From 2010 to 2016, we funding for our troops. ment shutdown as soon as possible as cut our defense spending by 25 percent A number of us were upset. I know one concrete action to actually do as national security threats to our some of the Democrats were upset by that.

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.032 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S381 I yield the floor. For us to go beyond tomorrow would aisle—will not be able to pay death The PRESIDING OFFICER. The Sen- absolutely be a travesty. If we can’t gratuities to families. Think about ator from West Virginia. open this government back up and that. We will not be able to pay the Mr. MANCHIN. Mr. President, late work through our differences, it would death gratuities to families of service- last night this body voted on the fourth be a travesty. If we allow this country members killed in combat without ad- short-term continuing resolution for to suffer starting Monday morning— ditional legislation from Congress. fiscal year 2018. That means we are al- when everybody should be at work, ev- With this dysfunctional shutdown, ready into this by 3 or 4 months. I erybody should be paid for the work where we can’t operate, that is not voted for the continuing resolution last they are doing for our great country to going to happen. Everyone wants to night because I refuse to support a gov- keep it safe, our military, and every- use something as a wedge and some- ernment shutdown in any way, shape, body down that line—then shame on all thing they can hold against each other, or form, but it doesn’t mean I believe of us. and then they figure out what they can this should be the way this Congress I believe we can. I believe the major- do with it: Well, I am for this or I want works. ity leader is going to find a pathway to take care of the death benefits. That To my good friend from Alaska and forward, and he will be able to lead and is the least we can do, but so-and-so all of the good people here, I consider accept what the minority, the Demo- doesn’t want to do it. That is not right. everyone in this body my friend. To the cratic Party, is saying. We can adjust I can’t fix it that way. That doesn’t re- blame game, I got here in November and make some adjustments here. We pair it. 2010. The Democrats were the majority need some votes on this. We would like Yesterday, during negotiations, while at that time, and I wondered why we to be able to proceed further, and we government agencies were preparing weren’t voting. I didn’t understand the want to make sure we can come to an for a shutdown, I spoke to my good process. As I started learning the proc- agreement that gives us a long-term friend Ken Fisher. I don’t know if you ess, I kept wondering, why aren’t we solution, not every month it is coming know about the Fisher House. You may voting? There were filibusters and clo- back to us. That means getting a path- have heard of them. They are all over ture and we couldn’t get things done. way forward. I truly believe in my the country taking care of our military I am not here to say who is at fault. heart that can be done, and it will be families. When there is someone I know when you are in the majority, you are in a leadership position, and done. wounded anywhere in the world, if I have, in my State of West Virginia, you are supposed to lead. We expect someone needs—if a family needs a 20,000-plus children depending on the leadership to lead. Leadership has to place to stay, it is similar to the Ron- CHIP program for their healthcare, and make sacrifices sometime to find a ald McDonald House that helps fami- I know the Presiding Officer does too. pathway forward. Both sides are guilty lies in need when they want to go visit, We all do. We want to take care of of not doing that as well as it should be and they can’t afford these types of that. done. trips. They take care of that. Ken Fish- We have our military, and we want We are in a government shutdown. It er and his family and his foundation our military to be funded properly so should never happen. Three hundred have always been there for them. Ken million people shouldn’t be penalized they can defend us. We need to make Fisher is making sure there is no fund- for the dysfunction of this body. As sure they have all the necessary equip- ing gap during the time of Democrats and Republicans, I would ment and armaments and all the tech- unfathomable loss. hope we would be Americans first. nology they are going to need to be Can you imagine, here is an indi- I don’t think of my Democratic safe themselves. For us to divide our- vidual, a private individual, a philan- Party before I think of what is good for selves between Democrats and Repub- thropist, the Fisher House, they are the country or what is good for the licans about who supports the military agreeing to offer the families an ad- State of West Virginia. I have my more or less is wrong. It is the one vanced grant until the government can Democratic principles I believe in. As a thing that keeps us bipartisan. It is the make reimbursements at the appro- West Virginia Democrat, perhaps they one cohesive thing we have in this Sen- priate time. They will also cover the are a little different than maybe a ate is our military and our love of our flights and hotels and incidentals for Washington Democrat, and I have my veterans and the work of our military, the family for this period of time. Here Republican friends in West Virginia what they are doing and what they is an individual, an American, willing who believe a little differently than have done for us. I have never found a to say: Listen, we are going to put our Washington Republicans. At the end of Democrat or Republican who wouldn’t family money up in support of our the day, we always try to do what is rally behind a veteran or help the mili- military families who have lost a loved right for the State of West Virginia tary to be as safe as they can. So that one defending our country, making and, most importantly, what is right should be taken off the table. No one is sure they are able to travel to be with for the country. against the military. that body of the deceased, being able to We are not going to let our troops Every time we pass another short- give them comfort. Knowing we are so down. There is no way, shape, or form. term funding bill, we put our national dysfunctional right now that we can’t You have to be accountable and respon- security at risk. We talked about that. make that happen, to have a private sible. In all the things we are doing, I We stall critical projects for our econ- individual step up and do that for us is can’t fathom how we have allowed so omy and our citizens. The CR means unbelievable. much power in two people’s hands— we are stagnant. We can’t plan, we You talk about the love and pride of both leaders of our respective cau- have no long projection that we can an American putting their country cuses—where it seems any negotiations take care of. It basically gets us from first. Ken Fisher and his family have are only done between two people. The one day to the next. If the CR is for 30 put their money where their mouth is. only negotiations are with the staff of days, it gives you 30 days. If it is 3 They put their money where they be- those two people, and we are supposed days, it gets us 3 days. Somebody has lieve what is good about this country, to, as a body, blindly go along. As you to move the needle forward to make what makes us better than anyplace in know, I don’t do that all the time. My sure we can run in a consistent way. the world. Ken and his family and the votes are pretty independent, and they We need a 12-month budget. We need Fisher House stepped up to help our will be. I always said if I can go home the 12 appropriations bills the Senator soldiers and their families during a to West Virginia and I can explain from Alaska spoke about. We need time of need and especially during this what I am voting for and why I did it, those to be taken up and leadership senseless shutdown. whether they would agree or not, if I must lead and make that happen. Dur- As I said before, this shutdown can explain it, I can vote for it. If I ing the shutdown, government agencies shouldn’t go anymore than tomorrow. can’t look a West Virginian in the eye and services will close. The people we Tomorrow it should come to an end. and explain my vote, I made it for po- are supposed to serve are going to suf- This truly unacceptable silliness that litical reasons for myself or for some- fer, and that is just wrong. we go through should stop. body else but not for my State. I am The Department of Defense—we have We have important work to do, in- not going to do that. talked about that on both sides of the cluding ensuring the military is

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.033 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S382 CONGRESSIONAL RECORD — SENATE January 20, 2018 equipped to protect our country, fight- Churchill knew we saved their able approach to healthcare coverage ing the opioid epidemic, keeping our behinds over in Britain in World War for primary care for people who don’t promise to our coal miners and their II. We came to the rescue and helped have coverage, maybe don’t have any pensions. We have pension plans they turn the tide. He was always grateful money, and they can get coverage and are going to lose by 2022. The average for that, but he used to like to poke have access to primary care, in many pension a miner gets, you would think fun at our country. Another great cases, in their own community. They is, what, an exorbitant amount? It is Churchill quote was about America. He are important in Alaska, they are im- $586, the average pension. That is all said this about America: ‘‘You can al- portant in West Virginia, they are im- we are asking for. Most of them are ways count on America to do the right portant in Delaware, and they are im- widows collecting these pensions to thing in the end, after trying every- portant to the speaker from Missouri keep their homes opened up, to be able thing else.’’ who is going to succeed me. There is a to take care of themselves. We need to Think about that. This situation we lot of agreement there. help there. The Children’s Health In- are in right now with the shutdown—a Frankly, you have a lot of agreement surance Program, the CHIP program— lot of people are calling it the Trump on what should happen to the Dream- there are 20,000 West Virginians and 9 shutdown—whatever you call it, I ers, these young people who were million Americans who must be taken think it cries out for leadership. brought here by their parents, in many care of. I just want to quote comments of one cases years ago. They grew up here and Funding the government is one of our person at the time, someone who was were educated here. In many cases, most basic constitutional obligations, not in elective office, but he said these they are working here. In a lot of and now because of partisan politics— words talking about leadership during cases, they are serving in the military. and everybody in this room is guilty— an earlier shutdown. This individual They are teachers and police officers, 100, guilty as charged who are not able said: and they are doing all kinds of things. to sit down and do their job, not able to Well, if you say who gets fired it always It is a time in this country where we work through our differences, not able has to be the top. I mean, problems start have roughly 3 million jobs that are to put your country before yourself and from the top and they have to get solved going unfilled because the folks who your politics, only thinking of what from the top and the president’s the leader. would like to do those jobs in many might benefit you or the party to And he’s got to get everybody in a room and cases don’t have the education, the ex- which you belong, as if that is the only he’s got to lead. perience, the interest in doing those oath and alliance and allegiance you This person went on to say: jobs, the willingness. They don’t have owe. When they talk about the government the work ethics. In many cases, they That is not who I am and not whom shutdown, they’re going to be talking about can’t pass a drug test. I am going to be. I am going to do the president of the United States, who the It is a time where we are in the whatever I can to keep this govern- president was at that time. eighth year of the longest running eco- ment open and get it back open. This is This individual goes on: nomic expansion in the history of the dangerous to our national security, and They’re not going to be talking about who country. Barack Obama and Joe Biden it is truly embarrassing. I want to was head of the House, the head of the Sen- took office in 2009, at the bottom of the apologize to every citizen in West Vir- ate, who’s running things in Washington. So, worst recession since the Great Depres- ginia and every citizen across this I really think the pressure is on the presi- sion. They handed off to this adminis- country. We are better than this, and I dent. tration a year ago today the longest am ashamed we haven’t been able to The President will do what it takes running economic expansion in the his- show the true spirit of who we are and to lead. Those comments were given in tory of the country, and for the past whom we should be and why you sent 2013 during an earlier shutdown. Those year, that expansion has continued. us here to do our job. I will continue to are the words of Donald Trump, criti- One of the keys to making sure our fight to make America what it should cizing then-President Barack Obama. economy expands is to make sure the be and what it is, the promise of the Think about those words then and workforce our employers need is being world, the hope of the world. There are think about those words today. The provided by our schools—high schools, people all over the world thinking we President has ‘‘got to get everybody in public schools, colleges, universities, can be better than what we are. Let’s a room and he’s got to lead’’—has got community colleges. And at the very show them. Let’s do our job. to get everybody in a room, and he has time when employers are saying, I yield the floor. to lead. This was true 5 years ago, 4 ‘‘Look, when we open our doors for The PRESIDING OFFICER (Mr. years ago, and it is true today. With business on Monday, there are going to OUNG). The Senator from Delaware. Y this President, we find a willingness on Mr. CARPER. Mr. President, as a na- be 3 million jobs that we don’t have the part of Senator SCHUMER, Senator tive West Virginian, I want to say how anybody to come to work to fill,’’ are proud I am of our colleague, Mr. MCCONNELL, Speaker RYAN, and Leader we serious about saying that, rather PELOSI responding to an invitation to MANCHIN. than enabling 800,000 or so Dreamers Perhaps you have heard the old say- go to the President even tonight, go to who have the skills, who have the edu- ing: I am TOM CARPER or I am so-and- the White House even tonight, and sit cation, who have the work ethic, who so, and I approve this message. We do a down and try to hammer things out. It want to do the job—rather than letting lot of that on political campaigns. ain’t going to be easy, but, frankly, you do those jobs, fill those jobs, we Well, I approve of much of what JOE there is a lot of consensus here on what are going to send you back to the coun- says, and today is no exception. we ought to do, in terms of the budget try where you were born? And by the My wife and I like to go to movies. priorities, defense spending, and non- way, we will send about 200,000 Salva- We don’t get to see much of them, but defense. There is a lot more agreement dorans who came here at a time of cri- over the holidays we had a chance to than disagreement. We heard discus- sis in their country 10 or 20 years ago— see a couple of them. One of the best sion about that between Senator we are going to send them with you. movies of this past year was a movie MANCHIN and our colleague from Alas- Does that make sense? about World War II Britain, ‘‘Church- ka. As a former Governor who for 8 years ill.’’ I am reminded, as we wander I think there is a fair amount of led the State of Delaware to actually through this impasse, of two things agreement, in terms of extending cov- cut taxes 7 out of 8 years, balance our Churchill said. About democracy, he erage—maybe not permanent but ex- budget 8 years in a row, pay down debt, said, ‘‘Democracy is the worst form of tending the Children’s Health Insur- earn AAA credit ratings, and saw more government [devised by man] except ance Program 6 to 10 years. The State jobs created in 8 years than any 8-year for all the [rest].’’ and Federal partnership covers about 9 period in the history of the State of Think about that. This is a hard way million kids. There is a lot of agree- Delaware—I didn’t create one of those to govern, and we have proved it again. ment on that. jobs, but we sure know something in A lot of democracies around the world There is a lot of agreement on the Delaware about creating a nurturing prove it again year after year after Federal community health centers. environment for job creation. That is year. They provide a cost-effective, afford- what we do in our jobs. We don’t create

VerDate Sep 11 2014 03:00 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.035 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S383 jobs; we help create that nurturing en- licans spend time together. We lick our CR was my standing at this podium vironment. wounds and sort of get to like each and asking unanimous consent for us Basically sending close to 1 million other again, and we go on to govern our to pass my amendment that would pay people who are able to do jobs that State. the military and the death benefits. aren’t getting done and wouldn’t get We use the four c’s in Delaware. That was objected to by the majority done, sending them back to the coun- This is my last point, and I will yield leader. I am hopeful that this will get try where they were born—that makes to Senator MCCASKILL, who is ready to worked out quickly. The last time we no sense, no sense at all. roll behind me. had this kind of dysfunction in the gov- The last thing I will say is this about There are four c’s. We communicate. ernment, we did this by unanimous my little State. Delaware was the first We talk to one another in my State. consent very quickly, so there wasn’t State to ratify the Constitution. I am Last night when we were on the floor, even a hint that anybody in this body very proud of that. We were the first there was a lot of communication was not 100 percent behind making sure State to ratify the Constitution—on going on. That is important. We need our military got the pay they deserve. December 7, 1787. For 1 whole week, to continue that communication. But I am hopeful that this will be done yet Delaware was the entire United States for God’s sake, the President needs to today. I think it would be good if we of America. We opened up. We let in invite our four leaders—two from the could do it today, but certainly no Maryland, Pennsylvania, New Jersey, House, two from the Senate; two later than tomorrow we need to take and the rest, and I think for the most Democrats, two Republicans—and have care of that because I am guessing part it has turned out pretty well. We real communication. He needs to pro- every single Senator will support it are struggling a little bit with it right vide air cover for the Republicans in without anyone objecting. now, but we will get through this. the House who are willing to take up a REMEMBERING FRANKIE MUSE FREEMAN One of the keys in Delaware more reasonable compromise that I think we Mr. President, the reason I rise today often than not is working pretty well— are willing to pass here in the Senate. is because I had to miss a very, very Democrats and Republicans working The President has to provide that air important event in St. Louis this together, which is what is needed here. cover. morning. There was a going home cele- We have had a whole bunch of Gov- First of all, the first ‘‘c’’ is commu- bration for a warrior in St. Louis this ernors who did lead; who were humble, nication. Next is compromise. morning. not haughty; who had the heart of a In a compromise, nobody wins every- I have been blessed to have the op- servant; who believed that Governors thing they want. Senator SCHUMER was portunity to meet so many amazing unite, not divide; who build bridges, willing to put on the table what Donald people in my journey serving the pub- not walls; who don’t try to tear other Trump has been talking about for lic. I don’t think anybody I have met people down to build themselves up; years; that is, a wall, actually author- could in many ways stand up to who are aspirational and appeal to our izing the construction of a wall—not on Frankie Freeman. Frankie Freeman better angels. We had a couple of good every single inch or mile of the border was a woman who had a very simple Republicans who did that—Michael with Mexico but a good deal of it. That goal in life. Her goal was to do every- Castle, Pete du Pont, and others. So it is what Donald Trump is talking about thing she could to eliminate discrimi- will be done on a bipartisan basis. more in terms of border security than nation. Here are four reasons why Delaware anything else. Do I think that is a Frankie was born in November of continues to enjoy success, has enjoyed great idea? No, I don’t. In some places, 1916. She was one of eight children. She success. There has been able leader- a wall makes some sense, and in a lot was raised in a segregated neighbor- ship—and not just Governors but legis- of places, it doesn’t. There are a lot of hood in Virginia, and she said that lators, Democrats and Republicans. other more cost-effective options. from the time she was a very young We have something we call the Dela- There are other things that could be girl, she wanted to change the world. ware Way. To the amazement of a lot more cost-effective that would enable She met her husband of over 50 years of people, 2 days after the election our 20,000 Border Patrol folks to do in New York, where he was attending every other year, winners and losers their jobs. But CHUCK SCHUMER put on graduate school. Why was he in New get together in Georgetown, DE. In the table the authorization for building York attending graduate school when Sussex County, DE, the southernmost the wall. That is a pretty good com- he was from Missouri? He was in New county, the county seat, Georgetown— promise, and that shows we are willing York attending graduate school be- we have a big brunch hosted by our to compromise. cause after graduating from Lincoln, a community college in Georgetown. So the second ‘‘c’’ is compromise. historically Black college in Missouri, Democrats and Republicans are there— The third ‘‘c’’ is collaboration, to actu- the University of Missouri refused to the folks who ran against each other— ally work together on this stuff. The admit him and said: Rather than allow and their families and supporters are last ‘‘c’’ is civility, to treat one an- you on our campus, we will pay to send there. other the way we would want to be you to New York for graduate school. When the brunch is over, we go out- treated. Communicate, compromise, Frankie was in New York, and her side and we get in these horse-drawn collaborate, civility—it doesn’t work husband was in New York. They met, carriages, and winners and losers ride just in Delaware; it works in States all they fell in love, and they got married. together, side by side, with their fami- over this country. It used to work in Then they moved to the Washington, lies. There is a big parade, and thou- this place, in this body, and we could DC, area, and Frankie then decided she sands of people come. Schools are use it again. was going to law school. She went to closed. When the parade is over, we all The quote that I used from Donald Howard Law School. She was 9 months gather in the circle in the middle of Trump from 4 or 5 years ago talking pregnant when it was time to sign up Georgetown, and we have some speech- about the leadership that Barack for her third year of law school. es, some inspiring patriotic music, and Obama needed to show—I think he did. She went to the dean of the Howard some prayers. Then the political lead- Sometimes we need to listen to our Law School and said: Could you allow ers of the Democratic Party, the Re- own words, look at ourselves in the me to join a few weeks late in the publican Party, and maybe the Liber- mirror and remember our own words. term? tarian Party stand in front of the Mr. President, we would do well to do He took one look at her, 9 months masses of people. They have what looks just that. pregnant, and said: You are going to like a big glass aquarium, and it is half I yield the floor. have to sit out a year. full of sand. They take an ax, and the The PRESIDING OFFICER. The Sen- She said: I don’t want to sit out a party leaders lower this ax into the ator from Missouri. year. I have to get this done. I have aquarium. They fill it up with sand Mrs. MCCASKILL. Mr. President, I work to do. I have justice to seek. I from Rehoboth Beach or Bethany or would like to once again state for the will not sit it out. one of our five-star beaches. And then record of this august body that the So she went out and stood in line to we go off, and people open up their very first effort that was made after sign up for her third-year classes lit- houses, and Democrats and Repub- the vote was declared to not pass the erally within days of giving birth. Four

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.037 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S384 CONGRESSIONAL RECORD — SENATE January 20, 2018 days later, after she finished reg- Even worse, when Frankie ignored ward justice. He said that it takes ‘‘the istering for her third year of law her and walked toward the restroom, a tireless exertions and passionate con- school, she gave birth. Did that slow customer got up and blocked the door cern of dedicated individuals.’’ That is her down? No. She went on to graduate so she could not use the restroom. what it takes to move us forward, and from Howard Law School that year and Frankie wrote about this in her book it sounds as though she was every bit was No. 2 in her class. ‘‘A Song of Faith and Hope.’’ the tireless individual, the passionate Keep in mind, she graduated from I think about the strength that this individual, who worked to advance jus- law school. An African-American woman had by herself in that situa- tice. woman in America graduated from law tion, and I am filled with awe and ad- I thank my colleague for sharing school in 1944. That is almost 10 years miration. In 1964, Frankie was the first that story. before I was born. Imagine what life woman on the U.S. Commission on Speaking of fighting and justice, we was like for a young Black woman law- Civil Rights, and she did so much more have a lot to talk about. We are here in yer in America in 1944. than all of the famous cases and trials. the middle of the Trump shutdown. She had two children—her daughter In the midst of her landmark trials Last night was quite interesting. Shelby and her son, who was also and court cases, she became the presi- Democrats came to the floor and said named Shelby but called Butch. She dent of the Deltas. She later went on to that we need to keep the government moved to St. Louis with her husband travel and visit many African nations, open. We want to have a debate and a and two children. serving as a U.S. representative of the vote on a provision to extend the gov- Butch, by the way, died when he was United Nations Conference on Housing. ernment by 24 hours so that we could 11. Shelby remained at her mother’s In 1978, President Carter appointed really force leadership to get in the side and helped her remain active until her inspector general of the Commu- room and work out a resolution on the last days of her life. nity Services Administration. She con- multiple issues that are already bipar- She moved to St. Louis as a young tinued to show her commitment to tisan issues. African-American woman lawyer, and service as an active member on several It shouldn’t be that hard, but the ma- you can imagine there were no law boards, including the Howard Univer- jority leader, who is in control of this firms that wanted to hire Frankie, so sity Board of Trustees, the Urban body, proceeded to say that he ob- Frankie opened her own law office. Her League of Metropolitan St. Louis as jected. It takes unanimous consent to mission was to go after the institution the board chair, and also as the board get to a bill, so he sealed the deal on of discrimination through the courts, chair of the National Council on Aging. the Trump shutdown. He made sure and she was fearless, strong, kind, and In 2007, Freeman was inducted into this body couldn’t debate or vote on polite. One of the most famous cases the International Civil Rights Walk of keeping the government open for an- Frankie had occurred in 1952—Davis v. Fame at the Martin Luther King, Jr. other day. Senator NELSON put that forward, the St. Louis Housing Authority. Keep National Historic Park in Atlanta, GA, and then Senator TESTER tried to say: in mind that in 1952, there was written for her leadership in the civil rights OK, let’s take a little more time. If you policy of the St. Louis Public Housing movement. Frankie had a nickname Authority that said that the races among people who were touched by her don’t think you can do it in a day, how should not mix; it was unnatural for passion and commitment to that elu- about 3 days? Senator TESTER moved the races to mix. Frankie decided she sive quality known as justice. She was to proceed to consideration of an would take that on. She won that case known as ‘‘Frankie Freedom.’’ amendment that would provide a con- in 1952, and she went on. It was ap- I had an opportunity to get to know tinuing resolution for 3 days—to keep pealed, appealed, and she went on and Frankie in the last decade of her life. I the government open 3 days to force won the appeal in front of the Supreme treasured the time I had with her, the our leadership on both sides to sit Court in 1954. I was 1 the year she won encouragement she gave me, the sto- down and work out the details on these that appeal. ries she told me, and the legend that bipartisan proposals. One of the stories about Frankie’s she was. She would always say to me Again, the majority leader objected. life that I think is important to put in when I would express frustration—and He sealed the deal on the Trump shut- context happened in 1961. You see, she Frankie said this throughout her life; down. Then he had the gall to come to was a Delta. In fact, she went on to be she would quote Luke 9:62: ‘‘No one this floor and blame others when he is the president of the Deltas in 1967—a who puts a hand to the plow and looks in charge. This blame game by those very important sorority for many ac- back is fit for service in the kingdom who are in charge is fascinating. Re- complished African-American women of God.’’ publicans are in control of the Presi- in this country. In 1961, the Delta chap- Frankie would always say: Keep your dency. Republicans are in control of ter down in Hayti in the Bootheel— hand on the plow. Keep your hand on the House. Republicans are in control right on the heel—asked her to come the plow. Keep your hand on the plow. of the Senate. down and give a speech. She was fa- Frankie lived 101 glorious years. She The Republican leader objected to de- mous for having won this case, and she had personal tragedy and countless set- bating an extension for our govern- was honored to be asked to give the backs, but she never lost her attitude ment to stay open. Not once, but twice speech. of love and commitment to justice. I last night, he blocked it. She didn’t have anyone to drive with was so sad to miss her coming home Well, it is very clear where the re- her, and she was worried about driving celebration this morning. She has gone sponsibility lies for this situation, by herself into the Bootheel in 1961. home. There is no question she is re- which never occurs here in the United This was a year after President Ken- viewing legal briefs for the Good Lord States—no. President Trump, back in nedy was elected President. Himself in Heaven above. 2013, said that the responsibility for a She got on a Greyhound bus. The Thank you, Frankie Freedom, for a shutdown—this was when President Greyhound bus stopped at a restaurant life well lived. Obama was in office. He said that it al- along the way so that people on the bus Thank you, Mr. President. ways comes back to the President. could use the restroom and get a bite I yield the floor. Well, how true those words are today. to eat. Frankie walked into that res- The PRESIDING OFFICER. The Sen- In 2013, there wasn’t unified control. taurant in a small town between St. ator from Oregon. You didn’t have the same party in Louis and the Bootheel, and she was Mr. MERKLEY. Mr. President, I charge of the Presidency and the House told by the waitress that she couldn’t thank my colleague from Missouri for and the Senate, so it was a little bit of come in the front door. Keep in mind, sharing Frankie’s story with us today, a more mixed-up story. But then Cit- she had been all the way to the U.S. the fight for progress, and the life she izen Trump said: It is all the Presi- Supreme Court, arguing ugly discrimi- lived. dent’s fault. Now we have a different nation in public housing, and this wait- I was thinking last night as we were situation where the same party con- ress in this restaurant in this small debating here on the floor about one of trols all three settings. town told her she could not come in the ways that Martin Luther King Let me tell you that the mechanism the front door. summarized how we move forward to- by which the Senate operates has

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.038 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S385 changed dramatically. You can think your shutdown, just as you said it was done. Let’s get the opioid funding done. of the possibility of offering amend- the President’s responsibility in 2013. It is an epidemic. It is killing more ments on the floor of the Senate. Here These issues that we are wrestling people in America than traffic acci- is an amendment box. You can take with go back to the middle of last year dents. Let’s get help in the right place. and put your proposal in that box so because it was in the middle of last Yes, let’s get the children’s that you can get it in line to be de- year when we were approaching the healthcare bill done. Senator STABE- bated. But the majority leader has the deadline for the fiscal year, which ends NOW asked unanimous consent for im- ability to close that box and put a pad- at the end of September. So it was time mediate consideration of the bill for lock on it. That is what MITCH MCCON- to get a bill for children’s healthcare to permanent CHIP funding. Who said no? NELL did. this floor and debate it and reauthorize The Republican leader came to the The technical term here is ‘‘filling it, renew it before we hit September 30. floor and blocked it because he is in the tree,’’ but that is a little hard to It was the time to get the bill for our charge. He has the amendment box all picture, so let’s talk about the amend- community health clinics to the floor locked up, so Democrats can’t even put ment box. He put a padlock on it and to be debated and reauthorized so that a bipartisan proposal before this body. said that there would be no Democratic our community health clinics would I thank Senator NELSON for fiercely amendments considered. He has that stay open. It was the time to get to the fighting to keep us open for another power under the rules of the Senate. floor a bill to take on the opioid epi- day for negotiations. I thank Senator Then he did something else, which is demic. TESTER for fighting and putting for- interesting, which really is a new level But what was the Republican Party ward the proposal to stay open for 3 of obstruction of dialogue here in the engaged in? They weren’t engaged in more days while we force negotiations Senate. He took that box, and he put a facilitating addressing healthcare to get these important issues ad- tarp over the top of it. That tarp is an- problems. Oh, no. They were engaged in dressed. I thank Senator MCCASKILL, other type of motion that has to be re- a bill to try to wipe out healthcare for who just spoke, for working hard to get solved before you can even get to the 30 million Americans. We had five dif- a bill before this body that would en- amendments to propose that one be ferent versions of this bill here on the sure that the pay and death benefits taken out of the box so another can be floor that wiped out healthcare for 22 for members of the armed services are put in. In fact, if you were following million to 30 million Americans, and by taken care of. the Senate last night, you saw this a bare margin of a vote, we were able Who said no in every situation? Who very crazy motion in which the major- to block those bills. I thank my Repub- said: I am keeping a lock on the lican colleagues who joined in that ef- ity leader himself took the tarp off the amendment lockbox? MITCH MCCON- fort. box—a resolution related to a motion NELL, the Republican leader of the Sen- They weren’t interested in talking to move the bill to committee and ate—complete control. about children’s healthcare, commu- back—so that he could change the This is no longer a deliberative body. nity healthcare clinics, or the opioid amendments that he put in the box. A deliberative body debates issues. A crisis. Finally, when the healthcare de- But that box remained completely for- deliberative body invites proposals bate was sealed, what did they turn to? bidden ground for Democrats to be able from all Members. This is completely Not the governing issue of spending to participate in, to be able to put a unlike the Senate I saw as a young bills that should have been done by Oc- bill on this floor. man when I first came here as an in- tober 1. Oh, no, they had a different So it takes particular—I don’t know tern for Senator Hatfield in 1976. Then, plan—a tax bill to deliver $1 trillion- what the right word for it is—I guess each side offered amendments, and plus to the richest Americans. That ‘‘determination’’ to spin the politics they argued their hearts out. They was more important than children’s for that individual who has locked up voted, and a simple majority sent an healthcare. Increasing wealth inequal- the amendment box, preventing Demo- issue forward or killed it. ity was more important than our chil- crats from putting a proposal on the Now we can’t even start a conversa- dren. Increasing income inequality was floor—even a bipartisan proposal sup- tion, and when we do get an amend- ported by Republicans—and then to more important than our children. We, the Democrats, are saying stop— ment, it is by a supermajority. That is blame Democrats, whom he has locked stop taking up the time of this body on a rare event. Outside of the reconcili- out of the process. making the situation worse in America ation bills, which were a special provi- Our responsibility is absolutely clear on healthcare, making the deficit sion for the budget, we virtually have here. This Trump shutdown sits with worse here in America, robbing the not had a single Democratic amend- the President, who made an offer a common fund to enrich the richest ment all through 2017. That is what has week ago Tuesday and took it back a Americans. Stop all of that. Instead, happened to the Senate, and that is week ago Thursday. He made another let’s address all these issues right be- why we are here. offer a couple of days ago. A few hours fore us. The responsibility is clear. This later, he withdrew it. Yes, I want to The members of our communities Trump shutdown should never have take on these issues. No, I don’t. Yes, I who have gone to grade school, high happened. President Trump needs to do. No, I don’t. The Democratic leader school, community colleges, colleges, get his act together and get engaged. said it is like negotiating with Jell-O. who are working in our businesses, The majority needs to quit locking the There is just no ‘‘there’’ there to be doing so much for our community, amendment box so we can have actual able to have rational policy consider- their immigration status isn’t nailed dialogue and debate on the floor. Re- ation. down. There is bipartisan support to publicans have to quit blocking things This Trump shutdown is doing a lot nail that down. That is just and fair both Democrats and Republicans have of damage across this country. It will and right. agreed to on children’s health, on com- do more damage with every succeeding All of us have members in our com- munity health clinics, on opioids, and day. And I say this directly to the munities who are contributing so on legal status for our Dreamers. President of the United States: Get en- much, and they are being left in just an This should not be a hard deal to gaged. Your job is to govern, to be part incredibly stressful limbo. They de- close. Let’s open up this government, of the dialogue, not to be going off to serve better. and let’s get these issues dealt with Pennsylvania to campaign, not to be I think the Democrats and the Re- and done for the benefit of the citizens ignoring issues until it is only 24 hours publicans who have sent us—here it is, of the United States of America. out before we hit a deadline, not to be a bipartisan deal waiting to happen, Thank you. spending every weekend golfing and but President Trump says yes today The PRESIDING OFFICER. The Sen- making your personal schedule off lim- and no tomorrow. He says yes in the ator from Hawaii. its so that the public won’t see that morning and no in the afternoon. Quite Mr. SCHATZ. Mr. President, here is you are virtually never paying atten- frankly, the Republican leadership what is happening. Last night, Senate tion to governing. Mr. President—and I does the same thing. Democrats asked to do a 1-day con- am speaking to President Trump—get So quit saying yes and no and just tinuing resolution. They also asked to engaged. You have a job to do. This is say yes. Let’s get this bipartisan deal do a 3-day continuing resolution. What

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.040 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S386 CONGRESSIONAL RECORD — SENATE January 20, 2018 does that mean? That means we were No one can explain to the public why know what the White House wants. at an impasse because the House- we can’t keep the government open for They don’t want to move on legislation passed continuing resolution was 4 a few days to negotiate without pun- without the White House’s approval, weeks, and that was not acceptable to ishing the whole country. Nobody wins but trying to get clarity from the ad- enough U.S. Senators to pass. If you during a shutdown. We were so close to ministration on this or any other issue subject it to a vote, and it doesn’t get an agreement. is a fool’s errand because it changes by cloture, it fails. The overarching reason we didn’t the hour and certainly by the day. Under normal circumstances, then reach an agreement is, we have an er- That is why we are in this position. you try to find out what might be able ratic White House. I have been trying It is not unusual for Congress to have to get cloture, but we were so close to to dial down my rhetoric in this con- disagreements between the parties, the deadline that we needed something text. I am looking at the Presiding Of- within the political parties, between called a unanimous consent request. In ficer, who is a Republican, with whom the House and the Senate. That is the other words, we needed every single I have a constructive working relation- way the legislative process works. It is U.S. Senator to accede to the idea that ship. If we are going to get out of this, a messy process, but the way an execu- we should vote on something. we have to get out of this together. So tive is supposed to play that role, they It is not unusual for a unanimous I am trying to watch my tone because are supposed to wield that authority, consent request to be granted. A lot of we are going to have to vote on some- that power. Whether it is a Governor or times it is just perfunctory stuff, ev- thing together at some point. The sim- a mayor or a President, when it gets eryday stuff to kind of move something ple fact is, the White House has been close—and we are close—the executive in a schedule, allow someone to have 10 erratic and inconsistent in this proc- is supposed to close the deal. This Ex- more minutes to speak, or whatever it ess. ecutive does the opposite. may be, but on big things, you don’t al- There was at least a framework for a This Executive has blown up every ways grant consent. I get that. deal on January 11, and it got blown up deal every time. Sometimes we are far Think about where we were. We were in that very famous meeting with the apart, and it gets worse. Sometimes we on the precipice of the government expletives. Then there was at least a are vanishingly close, and it gets blown shutdown, and Senator NELSON from framework for a deal yesterday, and it up, but what an executive is supposed Florida asked for unanimous consent— got—now very famously—blown up by to do is play that role, play that adult in other words, all 100 U.S. Senators a subsequent meeting and a subsequent in the room. Right now, we are a ship agreeing—to bring up a measure that phone call. Here we are with four con- without a captain. would have kept the government open; tinuing resolutions in 4 months. That is why we are marking the 1- the idea being that is better than a We haven’t actually been able to year anniversary of this administra- shutdown; the idea being that every- work on the appropriations process. We tion with a government shutdown. body on the Senate floor was actually haven’t done great with appropriations That is why hundreds of thousands of behaving like a Senator last night who in the past 5 years since I have been people across the country are marching did not want to shut down the govern- here, but, occasionally we will get an to say they are dissatisfied with the di- ment. omnibus done. Occasionally, we will rection of this country. There were lots of very interesting, have proper markups. Occasionally, we The year 2017 in this U.S. Senate, it constructive, and productive bipartisan will look at each executive agency and was a unique year. That is because we conversations. We were close. We do our job properly. had basically no bipartisanship on the weren’t that close—we weren’t 10 min- It is not the regular order like it used Senate floor. There were a few things utes away—but we weren’t so far apart to be with my predecessor and many of that went by unanimous consent. The that it wasn’t worth trying. That is the people of the Senate of old. It was process of the U.S. Senate is supposed why Senator NELSON said: Why don’t not as bad as this. A CR month by to be that you submit a bill on the we buy ourselves another 24 hours and month, week by week—enough is floor, and it takes a week or two. Ev- not shut down the government. enough. erybody offers amendments. There is The majority leader objected. It was Instead of trying to deal with this, lots of haggling. It is kind of messy. the majority leader’s prerogative to the White House is failing to address People talk too long, people argue, but allow it to be voted on. Had that been these baseline issues and then creates in the end, you move a piece of legisla- subjected to a vote, I doubt there new crises. This was a manufactured tion. It is a bipartisan process by con- would have been more than a handful crisis on DACA. They didn’t need to struct. of people voting against it. Nobody create this crisis, but now we have one. We are supposed to be different than wants a government shutdown. Senator Instead of using the Executive’s au- the House. We are not a majoritarian NELSON provided the opportunity for us thority to solve problems, they are fo- institution. We are supposed to be a to avoid this. cusing on the wrong things. They are moderating force on the country. We Then Senator TESTER said: OK. punishing children who were brought are supposed to be the adults in the Maybe 1 day is too short. Maybe we to this country through no fault of room. The way you do that is through can’t get this done in 20. My view was their own and now are as American as an open amendment process. we should have 12-hour CRs. We should anyone in Congress, except in the eyes I want everybody to know we had a have absolute, burning pressure on our- of the law, but there is a level of incon- couple of situations where Democrats selves. It should be physically miser- sistency, as a euphemism, that we have were allowed to offer amendments, but able. We should be here. We should be had to deal with in these negotiations. that was in something called vote- working. We should be negotiating. The White House told the Republicans arama. I know the Presiding Officer That is my view. I think we should be to fund CHIP as part of a 30-day spend- hates vote-arama. I know most people on 12-hour CRs. ing bill, and then the President in the U.S. Senate hate vote-arama. Listen, I can’t go home, right? I live tweeted we should only fund CHIP if it Why? Because it is a farce. It is worse pretty far away, but even for those who is part of a long-term solution. than student council. Everyone is just live on the Eastern Seaboard, I don’t We had a deal on the table to help doing stuff to position themselves back think anybody should be comfortable Dreamers in exchange for border fund- home. None of the things we vote on in this weekend—politically, physically, ing only to have the White House the vote-arama process has any force of mentally. To understand what is hap- change its mind. That happened once law or is going to be enacted. There is pening to the country, you should not when the deal was blown up a couple nothing meaningful that happens in be comfortable. You should be embar- weeks ago and then yesterday. vote-arama. rassed. I think we should be on 12-hour Senate Republicans may feel com- Other than that, not one single, soli- CRs. OK. A 24-hour CR, I was fine with fortable; they may feel uncomfortable. tary Democratic amendment was con- that. That got rejected. How about a 3- I don’t know. I think it probably de- sidered on the U.S. Senate floor. No day CR? That is what President Trump pends on the Member, but they are in a Democratic Senator had their amend- wanted to do to try to close the deal, holding pattern waiting for Presi- ment considered on the Senate floor but those were rejected. dential leadership, and they don’t except inside of the process called vote-

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.042 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S387 arama, which we all know is a farce. So The bill clerk proceeded to call the I am so disappointed that my Repub- we haven’t had bipartisanship. roll. lican colleagues refused to allow us a I was so encouraged when the major- Ms. DUCKWORTH. Mr. President, I vote for our troops last night, and I en- ity leader, early this year—I think the ask unanimous consent that the order courage them to please reconsider that first week of the year right before con- for the quorum call be rescinded. vote. Let’s get to a full budget. Let’s vening—said he wants to do things on The PRESIDING OFFICER. Without move on. We can compromise. We can the basis of 60 votes, which is the way objection, it is so ordered. do this together. So many of the op- the Senate has always worked. I know Ms. DUCKWORTH. Mr. President, tions on the table are bipartisan. In he considers himself an institution- this morning Donald Trump tweeted fact, a majority of them are Repub- alist. that ‘‘Democrats are holding our mili- lican-authored. Our troops know how I understand they felt it imperative tary hostage’’ in this shutdown—just to work together. They stand shoulder- to try to repeal the Affordable Care the latest in a string of recent com- to-shoulder when they protect and de- Act and do their tax cuts via the rec- ments wherein he accuses Democrats fend this country. We surely in these onciliation process, which is a 51-vote like me of not caring about our mili- Chambers can do the same. So let’s threshold, but he basically announced: tary, and it is the latest example of his stop blaming each other, and let’s get We are going to do bipartisan stuff this failing to show leadership, to take re- to work. year. But what we have is an erratic sponsibility for leading this Nation. I will be here, as I was today, tomor- administration that changes its posi- Does he even know that there are row and the day after until we get this tion every hour, and so it is very dif- servicemembers who are in harm’s way done. Our men and women in uniform ficult to get to 60. They lack the clar- right now watching him, looking for deserve nothing less. ity, they lack the capacity, and it ap- the Commander in Chief to show lead- Thank you. pears they lack the desire to govern in ership rather than to try to deflect The PRESIDING OFFICER. The ma- blame, or that his own Pentagon says a bipartisan fashion. jority leader. So I just want to be very clear. that the short-term funding plans he Mr. MCCONNELL. Mr. President, the Democrats are ready and eager to talk. seems intent on pushing are actually United States is 1 day into a govern- We are here to find a way forward, but harmful to not just the military but to ment shutdown that Senate Democrats that does require Presidential leader- our national security? have forced on our country. Let’s take I spent my entire adult life looking ship. a look at where we are. out for the well-being, the training, Last night, a bipartisan majority of I don’t understand why we couldn’t and the equipping of the troops for Senators—Republicans and Demo- have a 1-day CR, a 2-day CR, or a 5-day whom I was responsible—sadly, this is crats—voted to avoid this. A bipartisan CR. I don’t understand why we can’t something the current occupant of the majority voted to advance a non- negotiate with the government open. Oval Office does not seem to care to controversial bill that has already When BILL NELSON comes to the floor do—and I will not be lectured about passed the House and which the Presi- and says: Why don’t we buy ourselves what our military needs by a five- dent has already said he will sign. another 24 hours so that civilian DOD deferment draft dodger. Of course, like any compromise, this employees can get paid, so people at I have a message for Cadet Bones funding bill cannot be all things to all the Pearl Harbor Shipyard can get Spurs: If you cared about our military, people. But this bipartisan bill does paid, so people who work for the Fed- you would stop baiting Kim Jong Un what we need to do right now. It ends eral Government can get paid, so some into a war that could put 85,000 Amer- this pointless—pointless—irresponsible of the people who work in the U.S. Con- ican troops and millions of innocent ci- shutdown, funds the government for gress, in security and elsewhere, park- vilians in danger. our troops, our veterans, and millions ing—all of these wonderful civil serv- Last night, after the lights had been of vulnerable Americans, and extends ants are not going to get paid. All of turned out in the White House and the health coverage for millions of children these services are going to get shut President had gone to his private quar- in low-income families. down tomorrow—not tomorrow but ters, I voted to better train and equip None of my colleagues on the other Monday morning—because nobody is our troops, to stop wasting taxpayers’ side of the aisle can point to a single even going to allow BILL NELSON’s pro- dollars with yet another CR. I voted to thing in the bill that they oppose. Not posal to even get a vote. make sure that our military men and one thing. That is why a bipartisan If you guys don’t want to do a 24- women—who are standing on the line majority voted for it last night. It hour CR, vote against it, but at least in the DMZ, who are in Iraq and Af- would have passed smoothly and been allow us to keep the government open ghanistan, across Africa, in Asia—get sent for the President’s signature, ex- and keep these negotiations open. the help, the support, and the equip- cept that the Democratic leader took Now is the time for Congress to con- ment they need. the extraordinary step of filibustering duct itself as the article I branch—as a If the President truly cared about this bipartisan bill and initiating his separate, coequal branch of govern- them, then he would stop hiding behind own government shutdown. ment. And we are not—I understand his Twitter account and stop blaming Why? Because, he explains, the Presi- the politics. We just had 8 years of everyone else. And he can tell his dent would not give him everything he President Obama, and obviously Demo- party—a party that controls the House, wants on the issue of illegal immigra- crats were very eager to understand the White House, and the Senate—to do tion in one afternoon in the Oval Of- the administration’s position so we their job, to govern, to stop allowing fice. That is it. That is it. could calibrate and coordinate. We the most extreme wing of your party to The leaders from both parties have didn’t always do the same thing, but prevent us from passing a long-term spent months negotiating long-term you have to keep an open ear to what funding solution that the military fixes for immigration policy, govern- a President of your party desires to do. itself—your own leaders whom you ment spending, and other important But when a President of your party is nominated and appointed—is asking priorities. Senators on both sides want either totally unclear or changes his for. a bipartisan solution to DACA and mind every 12 hours, then you have to At the very least, you could ask your other immigration issues. Senators on make a judgment that you are going to party to guarantee military pay and both sides want long-term funding for exercise your constitutional obligation death benefits for our servicemembers our troops. Bipartisan, bicameral nego- and get the job done with his participa- and their families so that the troops tiations on these matters have been tion or over his objections. That is downrange aren’t putting their lives at under way for months. what we need to do on a bipartisan risk overseas while also worrying Here is the difference between the basis. about whether they are going to be Democratic leader and the rest of us I yield the floor. able to feed their families or if our gov- tonight—the difference. He wants to Mr. President, I suggest the absence ernment will take care of those fami- keep the government shut down for of a quorum. lies if, God forbid, they must make hundreds of millions of Americans The PRESIDING OFFICER (Mr. that last full measure of devotion for until we finish negotiating on the sub- PERDUE). The clerk will call the roll. our Nation. ject of illegal immigration. He wants

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.042 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S388 CONGRESSIONAL RECORD — SENATE January 20, 2018 to keep the government shut down for families of fallen servicemembers I had occasion a few weeks ago, until we finish a negotiation on the are the furthest thing from a game— around the New Year, to spend some subject of illegal immigration—shut- playing with all of those lives over the time with my family at the wonderful ting down the government over illegal issue of illegal immigration. national park facilities, which I hope immigration. Congress has a lot of work to do. We are open today, in Philadelphia and in Look, those discussions on the immi- need to provide for our war fighters, se- the halls where our Constitution, the gration issue continue. We don’t have cure the border, resolve the DACA very document that designed our sys- to shut down funding for our veterans, issue, continue work on healthcare, tem of government, that each of us ap- military families, opioid centers, or and attend to many other key prior- peals to, that each of us has sworn alle- anyone else who relies on the Federal ities. I want to move forward on all giance to, was debated. That debate Government over the issue of illegal these issues, and we can when the was a contentious one. It began on the immigration. The occupant of the Democratic leader’s filibuster comes to 23rd of May and ended on the 17th of Chair is one of the people involved on an end. These talks are only being de- September of the year 1787. It was ac- that very subject. There is a lot of in- layed—not advanced, but delayed—by tually contentious from the start. In terest here on both sides of the aisle in the Democrats’ filibuster and the fact, the New York delegation stayed dealing with it. But it is not an emer- Democratic shutdown it has created. only a few days, and the delegation gency. All of these other issues, which I want to assure the American people from Rhode Island straight-out boy- are affected by the government’s shut- that we will be right back at this to- cotted it. down, are emergencies, particularly morrow. I say again to the American What is ironic, by the way, is one of the children’s healthcare issue. people, we will be right back at this to- the most contentious issues in that Look, the American people know morrow and for as long as it takes. We Constitutional Convention was the cre- what is going on here. They have this will keep at this until Democrats end ation of the Senate. The creation of figured out. The survey this week their extraordinary filibuster of gov- this body was a heated discussion. We shows that a majority of Americans ernment funding and children’s don’t know a lot about the details of say that funding the government is healthcare and allow a bipartisan ma- that discussion because they had closed more important than passing legisla- jority of Senators to reopen the Fed- the windows, even though it was hot. tion on DACA—legislation, by the way, eral Government for all Americans and They didn’t go around talking about it. that doesn’t really exist, which the to get Congress back on track. There weren’t 24-hour news cycles and The Democratic leader may put his Democratic leader cannot present to Twitter, but we know it was conten- personal political priorities ahead of us. We hear a lot of talk about it, but tious. We know that in the end, this everything else, no matter the cost, we haven’t seen it. Constitution that we all swear alle- but Republicans stand with the Amer- Fewer than half of Democrats—in giance to and that for over two cen- this poll I am talking about—say that ican people. The PRESIDING OFFICER. The Sen- turies has helped create an exceptional dealing with DACA is more urgent ator from Florida. system of government was approved by than keeping the government open. Mr. RUBIO. Mr. President, it might 39 of the 55 delegates. These numbers came in before Ameri- surprise some people here that while There were people who voted against cans picked up their newspapers this what we are dealing with here is impor- the Constitution. The one thing that morning. When they did, they read tant, we are not the center of the uni- was clear is that none of them got ev- from the Associated Press exactly who verse. All across this country, as I was erything they wanted. At that time, by is responsible for this chaos. From the reminded this morning when calling the end of that convention—in fact, AP: ‘‘Democrats blocked a four-week home and speaking with friends and Monday, September 17, 1787, was the stopgap extension in a late-night vote, family and my wife and my children, last day of that convention, and one of causing the fourth government shut- life goes on. the delegates was someone named Ben- down in a quarter of a century.’’ You Most Americans, I think, are aware jamin Franklin. We all know who that might say that they pinned the tail on that there is an issue going on here in is. He was internationally well known. the donkey. Washington, DC, with regard to fund- He wanted to give a short speech to The New York Times, not exactly a ing the government. But I doubt very that convention before signing it. He bastion of rightwing sentiment, put the few of them are sitting in front of the was actually too weak to do the speech blame exactly where it belongs. ‘‘Sen- CNN countdown clock, where I guess himself, so he had someone else deliver ate Democrats blocked passage of a now we are on the ticker because we the speech. Based on the notes that stopgap spending bill to keep the gov- are into the shutdown, living it—some Madison took, here is what we know, ernment open.’’ sort of reality drama. It doesn’t mean generally, he said. It begins with a line Senate Republicans remain ready and it is not important, but it is a reality that says: eager to end this totally manufactured that life goes on. People aren’t fol- I confess that there are several parts of crisis. This is not a crisis. This is a lowing this every single day and aren’t this constitution which I do not at present manufactured crisis. We voted to avoid checking their phones on a 15-minute approve. it entirely in our bipartisan vote last basis to find out how this thing is He goes on to say: night. We are ready to vote again. All going to be fixed. I agree to this Constitution with all of its the country needs is the Democratic I think a lot of people are a little bit faults. leader to withdraw his filibuster and confused about what is happening here. He says: let a bipartisan majority pass this bill If you are just listening to it off the and reopen the U.S. Government. top, in between things or maybe on the I doubt too whether any other Convention Earlier today, I asked for consent to we can obtain, may be able to make a better radio, maybe some people have the per- Constitution. For when you assemble a num- move up a vote on this bipartisan solu- ception that this is all about a dis- ber of men to have the advantage of their tion and to end the craziness today. agreement regarding the budget and/or joint wisdom, you inevitably assemble with The Democrats objected. That will not a disagreement solely about an issue those men, all their prejudices, their pas- work forever. If they continue to ob- that is of critical importance, and we sions, their errors of opinion, their local in- ject, we cannot proceed to a cloture need to deal with it right away. That is terests, and their selfish views. From such vote until 1 a.m. on Monday. But I as- just not accurate. I will get to that in an assembly can a perfect production be ex- sure you, we will have the vote at 1 a moment. But it is still hard for peo- pected? a.m. on Monday unless there is a desire ple to understand how this happens. So right from the very beginning in to have it sooner. When I explain to people where we the history of this Nation, we have ac- In the meantime, shutdowns have are and how we got here, it doesn’t knowledged that in order to make consequences. The Democratic leader make sense to a lot of people. I want to progress, it is virtually impossible for may be playing for political points. But begin by saying, the Bible says that everybody in that process to get every- the rest of us understand the readiness there is nothing new under the Sun. It thing they want. Our job is to move of our Armed Forces, health coverage is one of the things that came into my things forward—and I don’t want to for poor children, and survivor benefits mind early this morning. read the whole thing—but suffice it to

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.046 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S389 say, Franklin’s point is maybe he was funding deadline, meaning that if by The first, frankly, is international wrong. He is not perfect. Even though midnight this morning we had not implications. We can talk a lot about many of us tend to believe we are the passed a bill to authorize more spend- Russian interference that occurred. only people who are right on this issue, ing, we had a sort of mini-shutdown or The goal of Russian interference above at that stage in his life, he had learned partial shutdown of the government. all else is to sow discord and to create enough to understand he was not the There is a provision that was put in conflict and controversy in American holder of all wisdom; that he had law by President Obama that gave sta- politics so Putin can go around the changed his mind on issues when he tus to young people who were brought world saying America likes to lecture came upon new information. He also into this country illegally by their par- everyone about democracy, but their understood that when you bring a ents, through no fault of their own, and democracy is not a real democracy and group of people together and ask them that provision expires on the 5th of their leaders are corrupt and their elec- to come to agreement on something, March, about 43 days away. tions are rigged and all kinds of stuff. unless they are clones of one another We have a bill before the Senate that That is what he wanted to drive. or unless they all come from the same funds the government, that keeps it There are nations like China which thought process, you are going to have open for 4 weeks—initially. I think now under our nose are rapidly working to disagreement, but in order to reach a we are down to—with this proposal be- change the world in our time. While we conclusion, everyone is going to have fore the Senate, I think it is going to spend all these days arguing with each to get something they need even end on the 9th, so about 3 weeks. There other about whatever the outrage of is nothing in that bill that the Demo- the day is—and every day it is some- though no one is going to get every- crats are against, but they voted thing else—China is working under- thing they want. That was from the against that bill last night. They are neath us and all around us to rebuild very beginning from our very Found- not letting us vote on the other bill the world in their image and to their ers, and it was hard then. advantage and to our detriment. One of Imagine now, in the 21st century, today—right now—and intend to vote the things they tell other countries is, with 50 States and several territories, against it, apparently, when we do vote Americans have a country in decline. extraordinary diversity in terms of ide- on it Monday morning, because they want to see their demands met on These people are in total decline. They ology, opinion, geography, background, something that doesn’t expire for 43 are abandoning the world and, more and all of it covered by 24-hour news, days. importantly, they can’t even govern which basically covers American poli- So this is not about whether you are themselves. So we are doing their job tics like entertainment, and Twitter for or against doing something about for them when we create these sorts of feeds on both sides that are constantly DACA. It is not because it is not like controversies. driving narratives. Imagine if they had the government funding expired last That doesn’t mean we shouldn’t have Twitter and 24-hour news during the night and DACA expired last night and heated debates on tough issues, and Constitutional Convention? A, we so you have to do both. This is the gov- that shouldn’t mean that from time to would know a lot more about what ernment funding expired last night and time people reserve the right—and I re- they were saying to and about each DACA expires in 43 days. When you ex- serve the right—to use leverage to other and, B, we may never have had a plain that to people—why would—how achieve our goals. I have done it before, Constitution, simply because of exacer- does that work? Why does that make and I imagine I will do it again, but we bating those tensions. sense? Why would they do this? have to be careful about it because it I am not here to say we should not In fairness, I listened to the argu- does impact the way the world views have Twitter and 24-hour news, but I ment of my Democratic colleagues, and us. People watch us all over the world. am telling you these were factors that one of the arguments they make is They don’t understand, as some of us were always difficult. Self-government they don’t trust the Republican Party do, that this stuff happens, and it all was always hard. Imagine today, with on the issue of DACA, but more par- works out. They think, literally, some these additional factors of diversity ticularly they don’t trust the President places believe we are crumbling, being and the way politics is covered, prac- to deal with it. So they need to force ripped apart at the seams, and it en- ticed, and discussed. I say that because action now. They need to do some- courages people to do things and na- there is a growing temptation from thing, and they need to use govern- tions to do things sometimes through American politics that largely comes ment funding as the leverage to force miscalculation. That is the first reason from the base of both parties but often something to happen. Let me say at you want to be careful. is fed through media narratives, but the outset that it is a legitimate tool The second reason you want to be ju- the goal is to achieve total victory. in the toolbox of the legislator on a dicious about using these sorts of tools Total victory is what you want to matter of deep principle to not vote on is because, quite frankly, it poisons the achieve in a sporting event. You want an important bill in order to get lever- process. I would state that the abuse to win and beat your opponent by as age for what you want. If there is and overuse of these prerogatives of many points as possible, but in a con- something you are deeply principled Senators over the last decade has done stitutional republic, total victory is about and you believe we need to do, it tremendous damage to the Senate, and nearly impossible, especially in a coun- is a legitimate tool to say: I know you it really has impacted our ability to try like America. It is impossible—im- really need to do this, and I really need tackle and to solve real problems. I say possible—for a President, for any to do that, so I am not going to let you that as someone who acknowledges the party, or for a faction on any issue to do what you need to do unless you let Republicans have done this. Repub- get 100 percent of what they want all me do what I need to do. I think that licans did this kind of stuff. I would the time. is the argument they are making now. argue it was different, but it doesn’t Instinctively, despite the fact that As I pointed out to you earlier, this matter. Republicans used leverage in they don’t work here every day, despite is not kind of the same because this is situations that people thought we the fact that they don’t sit glued in a spending bill. In fact, the bill they shouldn’t have used. Democratic activ- front of the television all day watching voted against would expire even before ists now insist that Democrats use the politics, most Americans understand the March 5 deadline. In essence, we same tool. They did it when they were this. They know this because it is a re- would have to have another govern- in the minority, and you need to do it ality of life, and they know it instinc- ment funding vote even before we got now when you are in the minority. tively because that is the way our sys- to March 5, so it is really not a lever- I would also say we have to be careful tem was designed. That is the way self- age argument. because, the truth is, we all have mat- government was supposed to function. Even if it were, I would say that in ters of deep principle. I have matters of It is hard. Self-government has never order for self-government to work as I deep principle that haven’t been ad- been easy, and it has only gotten hard- have described already, we have to be dressed yet. er. judicious and careful about how we use I have a matter of deep principle, and So when you talk to someone and these tools. You can’t be using them as much as I believe we need to do you explain what has happened, here all the time. You have to reserve them something about DACA, I have a mat- are the facts. We had a government for key moments for a lot of reasons. ter of deep principle that I believe is

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.048 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S390 CONGRESSIONAL RECORD — SENATE January 20, 2018 more urgent and requires attention At the end of the day, this really is have people saying the Dream Act isn’t right away. The people of Florida and not about leverage. It is not. I say this enough, you have to cover other peo- the people of Puerto Rico and the peo- with the highest respect. We disagree ple. So they are under a lot of pressure. ple of Texas have a desperate need for on a lot of issues, but the Democratic Here is a quote from an immigrant disaster relief. Forty percent of the is- leader is someone I know understands rights activist and a DACA recipient. land of Puerto Rico has no electricity. legislation and understands politics. I He said: ‘‘I think Senator Schumer This is a U.S. territory. American citi- personally do not believe this is about crumbles under pressure just so he can zens are living in third-world condi- leverage. He has to know this because deliver on something.’’ tions. this is really no different than in De- These are harsh words from these ac- In the State of Florida, our citrus cember. We passed a short-term spend- tivists, and this started in October of growers are in critical condition. We ing bill in December. Democratic Mem- last year. may not have a U.S. citrus industry bers voted for that, and the DACA issue Now, let’s go to this article of De- based in Florida if this goes on much was unresolved at the time. cember 19. This article begins by say- longer. We still have people living in By the way, we had a chance to deal ing: hotels and motel rooms in Florida be- with disaster relief in December too. Dozens of immigration advocates rallied cause their homes were destroyed. They sent a disaster relief bill over outside Sen. Chuck Schumer’s Manhattan of- That is a real need that doesn’t have from the House to the Senate, and the fice Tuesday. In both Spanish and English, speakers at any deadline. They needed it yester- Republican leader chose not to take it day, and we still haven’t addressed it. I the rally demanded that the Senate minority up—I believe because he wanted to hold leader ask his fellow Democrats to refrain suppose if I wanted to use this tool— it over for this debate. The more things from supporting any legislation until a clean and some maybe encouraged me to do that are pending, the more leverage Dream Act is passed. that—I could come and say: I am not you have to pose to them. I mean we A clean Dream Act means just vote voting on any funding for the govern- were going to put additional things on for the Dream Act, nothing else—no ment, and I will shut down the govern- the House bill and send it back. We border security or, by the way, any leg- ment until we deal with disaster relief. knew what those things were, but suf- islation; don’t vote for anything until The problem is, all 99 other Senators fice it to say, everything is unresolved, that happens. That is the pressure they have a principled position as well. So but I don’t think this is purely about were under. basically all we do is take hostages all leverage. The article goes on to say: day on every principled issue we have Here is what I actually think this is As Congress negotiates the budget, pro- at every opportunity we get. Well, you about, and I am here to cite some ex- testers called for Schumer to help shut down get the picture, and this is happening amples why. In December, as I said, be- the government if a Dream Act isn’t passed more and more. fore we got ready to leave for the end by the end of the year, chanting, ‘‘If we don’t By the way, I say all this to you, un- of the year, there were a lot of activ- get it, shut it down.’’ derstanding that if we passed a long- ists involved in the DACA issue that Those are the quotes. This was in De- term funding bill—let’s say the bill be- were really pounding on the Democrats cember. So this article was December fore us funded government through Oc- to shut down the government unless 19; this must have been December 18, tober, and I voted for that and disaster DACA was handled. To their credit, a and the chant outside his office in relief hasn’t happened yet, there is no number of Democratic Senators didn’t Manhattan was ‘‘If we don’t get it, shut guarantee we would get disaster relief. do so. They voted not to shut down the it down.’’ So the calls for a shutdown What leverage would I have? So we government, and the end result was began as far back as December, not 43 have to be very judicious about how we they unleashed a fury of assaults, in days before the deadline but 60 or 70 use it. I ultimately decided not to do it terms of pressure and protests and days before the deadline. because I believe the government shut- sleep-ins and all kinds of things. This Finally, the spokeswoman for the mi- down ends up hurting the people I am really started in October. nority leader put out a statement for, trying to help with disaster relief. I have a number of articles I want to I believe, the protesters, and, I guess, There are Federal employees in Puerto cite. Let’s go to October 2, 2017. This is the press was assembled. She said: Rico who got hit by a hurricane a few an article that talks about—I will We want to make sure nothing passes until months ago and now can’t go to work quote from it. I underlined the key pro- we have the Dream Act in there. on Monday. If they go to work, they visions. ‘‘Democrats seeking an immi- They were already telegraphing this are not getting paid, and it is already gration deal . . . are facing resistance in December, so this is not something difficult over there. from immigrant activists who are re- that has happened in the last 2 days or There are Federal services in Florida. jecting any compromise that would 3 days. This was ongoing and sustained People are going to call our offices tighten border security and demanding pressure. around the country and in Florida on more extensive legislation to protect There is more. On December 21, there Monday, and even if I have essential . . . immigrants from deportation.’’ was an article in the Washington Post. staff there to answer the call, there It goes on to say: ‘‘Despite Demo- The headline is ‘‘In private meeting, may not be an employee at the Federal cratic leaders’ declared commitment to Schumer angrily confronted by His- agency, where we can pick up the help so-called Dreamers . . . they are panic Caucus members as prospects for phone and intervene on their behalf. It catching sustained flak from immigra- DACA deal slip again.’’ It begins: happens all the time. One of the very tion activists.’’ Disagreements among Democrats over how common things we face in calls we get It goes on to say the minority leader to keep fighting to enact legal protections is someone has a loved one or relative in the House, Congresswoman PELOSI, for immigrant ‘‘dreamers’’ boiled over in the who was visiting somewhere around ‘‘faced a vociferous protest from office of Senate Minority Leader Charles E. the world, maybe in the Western Hemi- Dreamers a few weeks ago, when activ- Schumer on Thursday as he met with mem- sphere, they were killed in an accident, ists shouted down her speech and called bers of the Congressional Hispanic Caucus in and they want to bring their body her a ‘liar’ who helped create a ‘depor- what several participants described as a tense and heated exchange. home to be buried. We have to deal tation machine.’ ’’ With just a few minutes’ notice, they with all the paperwork with the Em- If you haven’t seen the video, she did showed up in the lobby of Schumer’s suite bassy or the consulate and the host a press conference in, I believe, San across from the Senate floor in hopes of country to bring them home. We are Francisco. As she was there doing this pressing him to persuade more Senators to not going to be there on Monday to do press conference for Dreamers, these vote against the GOP spending plan that was it because the people we have to call other Dream activist people showed up set to be approved in the coming hours. might not even be there to answer the and started screaming at her. The latest short-term spending plan was call. In the end, my view of it is, you For those of us on my side of the set for approval as Democrats this week backed off a pledge to force a vote this don’t cut off your nose to spite your aisle, we view her as one of the more month over the fate of thousands of undocu- face, and at this point, you don’t shut liberal Members in Congress and cer- mented immigrants brought to this country down the government only to hurt tainly someone I have identified as a as children. The decision angered immigra- them somewhere else. supporter of the Dream Act. Then you tion activists.

VerDate Sep 11 2014 03:00 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.049 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S391 Later in the article: On this argument that they don’t ents. You would be hurting them. Several people who attended the meeting, trust—if we don’t do this, we can’t These are the practical reasons we granted anonymity to describe what was ex- trust the President is going to do this, shouldn’t let it expire. pected to be a private exchange, said the I don’t think that is true. I think there There are more reasons we shouldn’t meeting with Schumer began with cordial is a balance of leverage here that exists let it expire. It is immoral to have laws remarks. that almost guarantees something can that punish anyone for the mistakes ´ Rep. Luis Gutierrez . . . unloaded on Schu- their parents made. It is immoral to mer, accusing him and Democratic senators happen if we want something to hap- of not caring about the fate of dreamers and pen. So let’s begin with facts. deport someone to a country they have ‘‘throwing them under the bus.’’ The President of the United States never really lived in. You were 2 years In response, Schumer raised his voice, tell- campaigned on a very specific promise, old when you came from Honduras, you ing Gutie´rrez not to insult fellow Democrats. and we know what that promise was. don’t even speak Spanish, you don’t Gutie´rrez shot back, telling Schumer, He was going to build a wall and secure know anybody there, and they are ‘‘Don’t raise your voice.’’ the border. The President knows that going to send you there—it just doesn’t [A] few other caucus members made point- he needs 60 votes in the Senate. The feel right. ed comments toward Schumer. President knows that he is not going to It is my deepest belief that if DACA Later in the day, GUTIE´ RREZ tweeted get a border wall and get increased se- expires and 700,000 young adults who after all that: ‘‘The fight continues in curity unless we do something about have spent the majority of their lives January . . . I think [we] are [all] on DACA. They are well aware of that at among us are forced to leave this coun- the same page.’’ the White House, and I think they have try, I think it would be a dark stain on Incredible pressure is being mounted said that openly. our history. I think future generations the whole time. What is important to remember, as would look back at that and say that There is one more thing I will cite well, is that there isn’t going to be a was a terrible thing those people did here, and this is from the New Yorker deal on DACA unless we have a deal on back then. I think we have more sup- on January 18. the wall. That is the way our system port for what I just said in the Repub- [M]any Democratic activists are demand- works. I say that to you as someone lican Party than we have ever had in ing that Schumer and other elected Demo- who supports a wall and supports deal- the 7 years that I have been here. crats vote against the G.O.P. spending bill ing with DACA. But as I have already But I have to be fair and I want to be even at the risk of a government shutdown. talked about earlier, in this system of frank. It is also a mistake to overreach . . . On Wednesday, three protesters from the Dream Action Coalition . . . were arrested government, it is not a zero-sum game. on the other side of this argument. It is while demonstrating outside Schumer’s of- It cannot be ‘‘I get the wall and you get fair to argue that we should deal with fice in New York City. nothing,’’ and it cannot be ‘‘We get DACA because it is the moral and com- Some Democratic activists and strategists DACA and even more, and you don’t passionate thing to do. It is fair to are arguing that the Party should take its get the wall.’’ It is not going to work. argue that dealing with DACA is in our stand now while the stench of Trump’s [al- Right now, we have a lot of wasting national interest, but it is a big mis- leged you-know-what] comment is still hang- of time going on, entertaining ridicu- take to demand a right that does not ing in the air. lous fantasies about what could be exist. There is no right to illegally im- So this is all about political pressure. achieved here. A bill that creates per- migrate to any country on the planet. That is the leverage point, and that is manent status under DACA but would No one has a right to DACA, but deal- why this is happening. It is untenable. allow some future Congress to stop ing with DACA is the right thing to do. The position they have established is funding the wall isn’t going to pass. I think it is also overreaching to in- untenable. The President is not going to sign that. sist that not only must DACA recipi- Most people in America just wouldn’t Think about it. If you have a wall that ents be accommodated, but we also agree with this. If you are being honest takes 10 years to build and you have have to accommodate their parents. with yourself—I challenge anyone to go DACA that is permanent, the next year Maybe because I personally know so into any diner in your State or call 10 they don’t fund it, DACA stays, and the many people under these cir- people who just kind of follow politics wall is not there. They are not going to cumstances, I am personally open to a little bit but are not activists or sign that. figuring out something that allows whatever and ask them: Do you think A bill that creates a path to citizen- their parents to stay, especially if the it is right to shut down the government ship under DACA but then also allows children are minors. I understand that over an issue that we have until March the recipients of that citizenship to use is not a majority position in my party, 5 to fix? Ask them that. Call people and it to bring in their parents who and I have to be honest with you that ask them: Do you think it is a smart brought them into the country ille- I believe that if we take the position thing to do to close the Federal Gov- gally—the President is not going to around here that we are not accepting ernment over an issue that we have an- sign that. That is just reality, and I any deal unless it takes care of both other 43 days to address? You know say this to you as someone who has the DACA recipient and the parent—if what the answer is going to be; you do. tremendous sympathy for the young that is the hard position we adopt and That is why the position they have people who were brought here as mi- people aren’t willing to move off of it, adopted is untenable, but that tells you nors, yes, in violation of the law but I think there may be no deal at all, and the amount of political pressure they through no fault of their own. They that means that neither the recipients are under to do this. This is all moti- didn’t commit a crime, and now they of DACA nor the parents will have any- vated by that. This is all motivated by find themselves with no legal immigra- thing. an incredible amount of pressure tion status. By the way, I also think it is over- brought to bear on my Democratic col- It would be a mistake, in my opinion, reach to oppose a border wall because leagues—in particular, on the Demo- to allow their status to expire without you find it symbolically offensive. cratic leader—by activists, and it a replacement. There are practical rea- First, America has a right and, more brings us to this point. sons why it would be a mistake. We importantly, a responsibility to pro- By the way, I would also argue that have spent years and taxpayer money tect its borders and enforce its laws. the strategy, in addition to being driv- educating them. We would be hurting Second, there is not going to be a en by that, is counterproductive. Yes- their employers. These people are DACA deal of any kind without a wall, terday, there was supposed to be a working somewhere now, and overnight period. Donald Trump is not going to meeting with the White House and con- they can’t work there anymore. They sign, cannot sign, and will not sign a gressional leaders from both parties to might own a business, and you would bill that doesn’t have real enforcement. keep working on this issue of DACA. be hurting the people who work for That is a fact. That has to happen. The Democrats didn’t show up, prob- them. Maybe they are married to a So what is the way forward? Right ably because they were too busy deal- U.S. citizen; you would be hurting a now, the government is shut down. You ing with the shutdown. So this isn’t U.S. citizen who is their spouse. Maybe won’t really notice until Monday, but making arriving at a deal for DACA they have children who are U.S. citi- on Monday people will start to notice. easier; it is making it harder. zens, and these children need those par- DACA expires 6 weeks from Monday.

VerDate Sep 11 2014 03:00 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.050 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE S392 CONGRESSIONAL RECORD — SENATE January 20, 2018 So on Monday, if we haven’t done any- pass, but that might be a debate that I beg to differ with the majority lead- thing, the government will be shut happens. er, who has just come to the floor say- down, and we have 43 days to go until Even if you can’t reach 60 votes on ing that Democrats agree with every- DACA. I think we need to fund the gov- any of these amendments people are of- thing that is in the measure that came ernment on a short-term basis—maybe fering, even if all those amendments to us from the House, because, as dam- it is February 9—and then we spend the fail, in the end, you are at least left aging as a shutdown is, so is a con- next 3 weeks working on an agreement with a bill that secures our border and tinuing resolution. It is corrosive and on defense, an agreement on disaster gives permanent certainty to close to destructive to good government. relief, and an agreement on border se- 700,000 people who currently are reg- We have been through three con- curity and DACA. istered under DACA. tinuing resolutions—each a month—in For Democrats who are worried they As Benjamin Franklin said after he as many months, and now a fourth in don’t have leverage, you have plenty of agreed to the Constitution in 1787: We the fourth month is proposed. That is leverage without shutting down the may all be left with a law in which no way to run a government. Whether government. For example, there are none of us got everything we wanted, it is 3 weeks or 4 weeks, at the end of two Republicans who oppose short- but everyone got something that they that so-called continuing resolution—a term spending in general. Then you needed. short-term temporary patch—we will have several Republican Members who The DACA recipients would have the be in the same place as we are today. oppose any longer term spending with- certainty of knowing that they can The good news is that we have bipar- out defense spending increases. In es- stay in America legally for the rest of tisan consensus not only that we must sence, this worry that you have that their lives, and perhaps future Con- end the shutdown but also on each of they are going to fund the government gresses and future Presidents may those issues that are necessary to for just 6 months and walk away from build upon that, and the President will reach consensus on a longer term, full DACA—there are at least five Repub- have achieved a signature campaign fiscal year package. That is also why a licans who are going to vote no on promise and achieved something Re- continuing resolution and the measure that, several because of defense and publicans—and many Democrats—have that came to us from the House are two because of short-term spending. been promising to do but have failed to completely inadequate—because they Then add to that, there are at least deliver for over 15 years; that is, to se- continue to fund those programs at the three other Republican Members—my- cure the border and build a wall. same level as the previous year, 2017. self being one of them—who will have a There is a way forward on all of these The Pentagon, the Secretary of De- lot of trouble voting for a long-term things. If we remember how our system fense, and our military leaders have spending plan that doesn’t include dis- works, we can start making it happen, told us unequivocally and clearly that aster relief. That alone gives you lever- but I think it will require us to accept those levels are inadequate to our na- age to ensure that not only do those what it takes to make progress in a tional defense. issues need to be dealt with, but all constitutional Republic. We can’t even I hope there is bipartisan consensus three of them would have to be dealt begin to do it until we end the shut- among us on the Armed Services Com- with in order for there to be any long- down. And that is what I hope we will mittee and in the Chamber as a whole term deal that forecloses the leverage do sooner, rather than later. that we need a strong national de- you want. Mr. President, I yield the floor. fense—both military and nonmilitary You have another piece of leverage: The PRESIDING OFFICER (Mr. funding—and there needs to be an in- The President needs to fulfill his cam- SASSE). The Senator from Connecticut. crease in that funding, which the bill paign promise, which Americans sup- Mr. BLUMENTHAL. Mr. President, presented last night did not provide. ported at the ballot box: Build a wall. we are in the midst of the Trump shut- So far from agreeing with every pro- He knows he can’t do that without a down, aptly named for him because he vision in that 4-week extension, it is DACA deal. So, really, both sides here is the one—perhaps the only one in inadequate. It would be irresponsible have leverage. But as long as the gov- America—who thinks it is a good shut- and reprehensible for this body to go ernment is shut down, we are wasting down. In fact, his head of Office of along with it, and that is why four of valuable time. Management and Budget, Mick our Republican colleagues joined us in Monday could have been a day that Mulvaney, gloated that it was ‘‘kind of opposing it. people met and hashed out key details cool’’ that he was the one who got to We are all here tonight ready to vote of DACA. Instead, Monday will prob- shut down the government. ‘‘Kind of but waiting on one man—President ably be all about the shutdown—and cool,’’ he said on Friday in a radio Trump—to finally be the leader that maybe Tuesday and maybe Wednesday. interview. we expect and demand the President to We are wasting time we do not have. As I speak tonight, all Americans be; the leader that Donald Trump him- Finally, as for DACA, what is the know there is no such thing as a good self in 2013 said that President Obama way forward on that? There are a lot of shutdown. All of us in this body strong- should be in ending or stopping the ideas going around. Here is what I ly believe that we must end this shut- shutdown then. He said, in effect, that would say to you: The baseline in the down. the buck would stop with President core of any agreement is one that basi- We mark the first-year anniversary Obama—just as now it does with Presi- cally codifies DACA, in essence, deals of the Trump Presidency with the dent Trump. with the President’s decision to sus- Trump shutdown and his now infa- In President Obama’s case, his party pend the Executive order on it and mously saying on May 2 that our coun- did not control the two branches and funds in a way that can guarantee con- try needs a ‘‘good shutdown.’’ But this Houses of the Congress. The Repub- tinued funding the President’s immi- shutdown has damaging, even poten- licans control the House, they control gration enforcement plan. That is the tially devastating effects on millions of the Senate, and they control the White core. You codify DACA, and you do Americans—our troops whose pay will House. They are in charge. They are re- something to ensure that the wall is be delayed, our families who rely on sponsible, and they are dysfunctional, going to be built and that they can’t the Children’s Health Insurance Pro- in disarray and division. come back and cancel the funding. gram and who will soon be without There have been weeks—indeed, Then the Senate can go into an open funding, community health center pa- months—of difficult negotiations. I am amendment process and debate any ad- tients whose source of healthcare will not here to blame my Republican col- ditional matters you want put in there. be closed, government workers who leagues. I think they have worked— For example, maybe there is a deal keep our Nation running every day, the many of them—in good faith. And that that, instead of codifying DACA alone, disaster relief victims in Puerto Rico is the reason we have arrived at bipar- it actually creates a pathway to citi- who will be denied relief, along with tisan agreements on the need for in- zenship under DACA, but it eliminates their fellow Americans in Texas and creases in defense spending, both mili- not just DACA applicants but future Florida. This shutdown is not a ‘‘good tary and nonmilitary; on the need for applicants from being able to sponsor shutdown,’’ and it is not ‘‘kind of the Children’s Health Insurance Pro- parents. I am not saying that it will cool.’’ gram to be reauthorized, along with

VerDate Sep 11 2014 01:49 Jan 21, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JA6.051 S20JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 20, 2018 CONGRESSIONAL RECORD — SENATE S393 community health centers; the needs of nority leader characterized negotiating they have ever known. Their commu- veterans and pensioners and disaster with him as trying to deal with Jell-O. nities, their schools, their families are relief to aid the victims of the recent I think it is equally like a ping pong intricately part of this Nation. They hurricanes, Irma and Maria. That is ball that ricochets back and forth, de- are Americans except for the papers, why we need also to prevent the mass, pending on who has last talked to him the documents they lack. draconian deportation of 800,000 young and what his mood is and what his last I know that my Republican col- people brought here as infants and chil- tweet may have been. leagues want to give them a path to dren through no choice of their own. So, just as many times before, the citizenship. It is not so much give but Those bipartisan agreements on each President is likely to put the extreme afford them the opportunity for a path of those issues can be turned into a rightwing members of his party before to citizenship because they have so package that can unite both sides of all else—before children and their much to give back to this country. the aisle—maybe not everyone but a health, before Dreamers and their po- They have lived here all their lives. majority here and a majority in the tential deportation, and before funding They played by the rules. They are our House of Representatives—if they are for our troops. future doctors, engineers, nurses, busi- simply put to a vote. We are here to One party is in charge of the Senate ness owners, and entrepreneurs. We can vote on the substance. Give us that op- and the House and the White House. It fulfill the American dream for them portunity to vote on a package that owns this shutdown. But more impor- and for us if we give them that path to embodies those bipartisan agreements. tant than pointing fingers and assign- citizenship. The President must either lead or get ing blame is reaching an end and reach- A great nation fulfills its promises. out of the way. These difficult negotia- ing agreement on what is necessary to America is the greatest Nation in the tions have to be contrasted with the end this shutdown. And more impor- history of the world. We need to keep talks that took place just yesterday tant than who is hurt politically in our promise. We need to keep our between the President and the minor- this body or the House or in the White promise in this body to the American ity leader, Senator SCHUMER. In a kind House is who is hurt in the country by people—the oath we have taken to up- of microcosm, that day epitomizes the the failure of this government to func- hold the law and the Constitution—and kind of leadership that got us to this tion. to do what is right. point. We have work to do. We are here to- We should do what is right for the The President and minority leader night. I will be here tonight and tomor- Dreamers and their American dream, emerged from that conversation at row. We have engaged in some very for our military who need support, midday with a conceptual framework constructive conversation and discus- children who need health insurance, and agreement—virtually—on a con- sion across the aisle. I think there is families who need health facilities, vet- structive set of principles, including a good will on both sides because ulti- erans who need programs that they path to citizenship for the Dreamers. mately we have in our hearts and have earned and deserve, and fellow To the consternation of some on our minds this great Nation. If the Presi- Americans who need disaster relief. side, the minority leader put on the dent is not able to take yes for an an- Every one of them should be done now, table, in effect, full funding for the swer, he needs to accept what we pro- not 3 weeks from now, not 4 weeks wall—the wall that my colleague Sen- vide and resolve that the great from now. We are already 112 days into ator RUBIO just discussed as a condi- dealmaker has to be a deal acceptor. this fiscal year. Now is the time to do tion for such an agreement. This wall He has repeatedly shown himself to be the right thing. was supposed to be funded by the Mexi- an erratic, unreliable, unpredictable, Thank you, Mr. President. cans. It is, in my view, excessively and capricious negotiator. There are a I yield the floor. costly and a waste of money. Border se- number of ways to resolve this shut- I suggest the absence of a quorum. curity is absolutely necessary, but it down that are within reach with the The PRESIDING OFFICER. The can be done more effectively and less right kind of leadership on both sides. clerk will call the roll. expensively with surveillance, drones, I went today to the Women’s March The legislative clerk proceeded to sensors, more patrol officers, and bet- here in Washington. I was impressed call the roll. ter training. There is a set of fencing with the excitement and energy and Mr. RUBIO. Mr. President, I ask system improvements that we can the dedication of many of the young unanimous consent that the order for agree on. But if Donald Trump wants people who were there. Far from the the quorum call be rescinded. that wall and it is a condition for lit- cynicism and the partisanship that The PRESIDING OFFICER. Without erally the survival of 800,000 young peo- maybe we find all too rampant in this objection, it is so ordered. ple, the minority leader was willing to body, their idealism seems balanced. It f put it on the table. That flexibility and is inspiring and exciting, their dedica- willingness to compromise epitomizes tion to equal rights and equality, to MORNING BUSINESS the approach that we have offered to women’s healthcare, and engaging in take—and must be taken—to reach an the political process, believing that agreement. one person—one of them, one of us— MESSAGE FROM THE HOUSE Within hours, literally, the President can make a difference. At 12:04 p.m., a message from the backed away from that virtual agree- If we are impressed by the resolve House of Representatives, delivered by ment—maybe ‘‘backed away,’’ in fact, and determination of those young peo- Mr. Novotny, one of its reading clerks, is inaccurate. He was pulled away by ple, as I was, we should fulfill those announced that the House has passed his far-right extremist staff and sup- high expectations which they and all the following bill, in which it requests porters. We may never know all of the America have for us. the concurrence of the Senate: names that spoke to him, but the fact Restoring trust in our institutions is H.R. 4712. An act to amend title 18, United is, the agreement fell apart. a service we can help perform by end- States Code, to prohibit a health care practi- The shutdown is almost entirely the ing this shutdown, coming to an agree- tioner from failing to exercise the proper de- making of one man, who happens to be ment, and making sure we do what is gree of care in the case of a child who sur- President of the United States and who truly in the public interest. vives an abortion or attempted abortion. today marks his 1-year anniversary—a Looking into their eyes, I was re- f year characterized by chaos and con- minded also of the Dreamers. They are ADDITIONAL COSPONSORS flict, disarray and dysfunction, per- known as Dreamers because they be- sonal invective and partisan con- lieve in that same American dream. S. 2274 troversy. He has reversed himself so Many of the individuals at the Wom- At the request of Mr. CARDIN, the many times that the majority leader en’s March on the Mall in Washington, name of the Senator from Rhode Island himself expressed frustration just a DC, this morning were, in fact, Dream- (Mr. REED) was added as a cosponsor of day or so ago because we have no idea ers. They were not a majority but S. 2274, a bill to provide for the com- what he wants to emerge from these many. They were there because they pensation of Federal employees af- bodies on any of these issues. The mi- believe in America, the only country fected by lapses in appropriations.

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