October 1, 2020 CONGRESSIONAL RECORD — SENATE S6011 consciences. These nuns did not manu- of the most significant issues facing There is something that we can do that facture their lengthy legal battle for the security of our Nation. It is a ques- will show we are prepared to respond to the fun of it. It was the secularizing tion of domestic terrorism, specifically this threat to law and order, to this left that went on offense. the threat of violent White suprema- threat of violent White supremacists. Churches all across America did not cists. I am the lead sponsor of the Domes- go looking for one of this cycle’s In Tuesday’s Presidential debate, tic Terrorism Prevention Act, bipar- Democratic Presidential contenders to moderator Chris Wallace asked Presi- tisan legislation that would address suggest places of workshop should lose dent Trump to condemn White su- the threat of violent White suprema- their tax exempt status if they preach premacists and rightwing militia. cists and other domestic terrorists. or practice traditional teaching. It was President Trump refused. Instead, he Our bill would establish offices to the secularizing left that went on of- replied—and I quote—‘‘Proud Boys, combat domestic terrorism at the De- fense. stand back and stand by.’’ partment of Justice, the FBI, and the If parts of the elite American left The Proud Boys, a far-right group Department of Homeland Security. It have become this out of touch with that promotes and engages in violence, would require these offices to regularly mainstream religious beliefs held by viewed President Trump’s words as a assess the domestic terrorism threat millions and millions of their fellow call to action. The group’s leader Joe and focus their limited resources on citizens, it will take more than victim Biggs said he took the President’s the most significant threats. Criti- blaming to dig out of it. They could words as a directive to ‘‘[F] . . . them cally, they would provide training re- start this week. They could start up.’’ sources to assist State, local, and Trib- today. I was appalled, but not surprised, by al law enforcement in addressing the They could commit to evaluating the President’s words. He has a long domestic terrorism threat. The House Judge Barrett on her credentials and history of inflammatory, racist re- companion to my bill was introduced her qualifications, and they could stop marks. Now, President Trump claims by my colleague and friend Congress- gawking at deeply religious Americans that violence is a ‘‘left-wing problem, man BRAD SCHNEIDER of Illinois. Just last week, the House of Rep- like they have encountered extra- not a right-wing problem’’—his words. resentatives passed our bill on a unani- terrestrial life or bought a ticket for a Let me be clear. I join Vice President mous voice vote. The Senate should safari. Biden in condemning all violence, but we know that White supremacists pose pass it today. f a great threat. An unclassified May In a few moments, staff will provide MEASURES PLACED ON THE 2017 FBI-DHS joint intelligence bul- me with the language to ask for a CALENDAR—S. 4773, S. 4774, S. 4775 letin found that ‘‘white supremacist unanimous consent. I am waiting so extremism poses [a] persistent threat there is an opportunity for both sides Mr. MCCONNELL. Madam President, to discuss the procedure moving for- of lethal violence.’’ This was a finding I understand there are three bills at ward. In the meantime, several of my by the lead law enforcement agencies the desk due for a second reading, en colleagues have asked to come to the of the Trump administration. They bloc. floor and address the issue. I would went on to say that White suprema- The PRESIDING OFFICER. The lead- yield to them for comment or question, cists were responsible for more homi- er is correct. through the Chair, with the hopes that cides from 2000 to 2016 than any other The clerk will read the bills by title when the procedural language arrives, I domestic extremist movement. The di- for the second time. might be able to make the unanimous rector of the FBI, Christopher Wray, in The senior assistant legislative clerk consent request. read as follows: response to a question I posed in the The PRESIDING OFFICER. The Sen- A bill (S. 4773) to establish the Paycheck Senate Judiciary Committee last year, ator from Connecticut. Protection Program Second Draw Loan, and said that the majority of domestic ter- Mr. BLUMENTHAL. Madam Presi- for other purposes. rorism arrests involved White suprema- dent, we are here today on probably A bill (S. 4774) to provide support for air cists. one of the most serious national secu- carrier workers, and for other purposes. Now, for years, I have urged the rity issues that we will confront. I say A bill (S. 4775) to provide continued emer- Trump administration to respond to gency assistance, educational support, and that as a member of the Armed Serv- the ongoing threat of violent White su- ices Committee, having received a vari- health care response for individuals, fami- premacists and other far-rightwing ex- lies, and businesses affected by the 2020 ety of classified briefings on threats to coronavirus pandemic. tremists. Instead, they have repeatedly this country. Some of them regarding downplayed this very lethal and real Mr. MCCONNELL. In order to place ongoing foreign interference in our threat. election are truly chilling. But the the bills on the calendar under the pro- Attorney General Barr has never re- visions of rule XIV, I would object to threat to our national security from sponded to the multiple letters I have White supremacists, now operating so further proceedings, en bloc. sent, asking what the Department of The PRESIDING OFFICER. Objec- openly that the Director of the FBI has Justice was doing to combat White su- said they are one of the paramount tion being heard, the measures will be premacist violence. placed on the calendar, en bloc. threats and an ongoing security threat Unfortunately, as we have learned to our Nation, demands that there f from former Trump administration of- should be action now. PROTECT ACT—MOTION TO ficials themselves, the Trump adminis- The bill that my colleague Senator PROCEED tration has downplayed the threat of DURBIN is offering passed unanimously violent White supremacists. POLITICO by the House of Representatives within Mr. MCCONNELL. Madam President, recently reported that a draft home- recent days. Let me repeat. It passed I move to proceed to Calendar No. 554, land threat assessment report from unanimously by the House of Rep- S. 4675. DHS was edited to weaken language on resentatives. It reflects the real and ur- The PRESIDING OFFICER. The the threat posed by violent White su- gent danger of this threat. clerk will report the motion to pro- premacists. And a DHS whistleblower The President has refused to de- ceed. alleged that DHS officials, including nounce White supremacists. The Presi- The senior assistant legislative clerk Ken Cuccinelli, requested the modifica- dent has told one of the most promi- read as follows: tion of the report to make the threat of nent of those groups to stand by. That Motion to proceed to S. 4675, a bill to White supremacists ‘‘appear less se- failure—an abject failure on the part of amend the Health Insurance Portability and vere’’ and add information on violent the Commander in Chief—to respond to Accountability Act. leftwing groups. an ongoing security threat demands The PRESIDING OFFICER. The as- It is not enough to just stand here this action now. We must stand up for sistant Democratic leader. and condemn the President’s remarks the integrity of our elections, the secu- UNANIMOUS CONSENT REQUEST—H.R. 5602 at the infamous debate. The American rity of our Nation, and the funda- Mr. DURBIN. Madam President, I people sent us to Congress to act. mental freedoms that we prize as come to the floor today to speak to one There is something we can do now. American people.

VerDate Sep 11 2014 02:43 Oct 02, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G01OC6.003 S01OCPT1 SSpencer on DSK126QN23PROD with SENATE S6012 CONGRESSIONAL RECORD — SENATE October 1, 2020 We will not allow this cancer to me- I yield the floor. ate that we will not stand for this. Sup- tastasize in this country and thwart The PRESIDING OFFICER. The Sen- port this bill. the will of Americans who are going to ator from Alabama. I yield the floor. the polls, in effect, right now. The bal- Mr. JONES. Thank you, Senator The PRESIDING OFFICER. The Sen- lots are being cast. The threat to our DURBIN for this bill. Thank you for the ator from New Jersey. electoral will is ongoing. colleagues who are on here. Mr. BOOKER. I am really grateful, I am proud to join my colleagues who I was struck when Senator KAINE Madam President. are here on the floor who represent an rose in honor of those who died in Vir- It has been said, and it is quite true, ideological spectrum, as did the House ginia. The list goes on and on. You can that the only thing necessary for evil of Representatives in unanimously ap- go to Emmett Till. You can go to the to be triumphant is for good people to proving this bill. The paramount four girls, Addie Mae Collins, Carole do nothing. threat to our Nation and the integrity Robertson, Denise McNair, and Cynthia Here we are at a time where we know of our elections is White supremacy, Wesley. You can go to those who lost our history. Since 9/11, the greatest violent extremism, and nationalism their lives in a church in Charleston, terrorism we have seen in our country, that potentially jeopardize the very SC. The thing that connects them all is actions from a church in South Caro- pillars of our democracy. not just that they died because of the lina to a synagogue in Pittsburgh, to a I yield the floor. color of their skin, not just because of Walmart in El Paso, time and time Mr. DURBIN. The Senator from Vir- the White supremacists who were try- again, the violence that we have seen ginia. ing to change the political dynamic in and the greatest terrorist activities The PRESIDING OFFICER. The Sen- this country. It is an unbroken stream since 9/11 have been domestic ter- ator from Virginia. that goes back decades and genera- rorism—rightwing extremists, the ma- Mr. KAINE. Madam President, I rise tions. It goes back to the time of the jority of them White supremacists. to support the efforts of my colleagues great original sin of slavery, when The warnings we are now getting to bring the unanimous House bill es- White supremacy tried to dominate from our intelligence officials, accord- tablishing legal procedures for dealing this country, and it goes back to a ing to one Judiciary hearing from the with White supremacy to the floor of string of unbroken deaths that are oc- Department of Homeland Security, are the Senate. I do so in honor of four Vir- curring even as we speak. that the most significant threat right ginians. Hate crimes across this country have now to the security of our country is In August of 2017, a group called proliferated, whether it is not just White supremacy and violent White su- Unite the Right held a White suprema- White on Black or it is the Tree of Life premacy. cist rally in Charlottesville, VA. They synagogue. It is so many things that The FBI has given a number of warn- started on a Friday evening, when Jew- we have to stop. ings. We now are heading toward an ish residents of Charlottesville were The interesting thing to me of what election where we are seeing signs of gathering in synagogues and when stu- happened this week is that the day increased activity, increased hate, in- dents were coming to the University of after the Presidential debates when the creased focus. This body—this good Virginia to start their academic ca- President of the United States refused body, friends on both sides of the reers. They rampaged through the cam- to condemn White supremacy, the Gov- aisle—this is not a time where we can pus and community chanting slogans ernor of the State of Alabama, my do nothing. We must act. We must take from Nazi rallies like ‘‘Jews will not friend Kay Ivey—Republican Governor measures and steps to end this kind of replace us’’ or ‘‘Blood and soil.’’ of the State of Alabama—apologized to violent scourge in our country. As if that were not terrorizing the victims of the 16th Street Baptist Obviously, this will not accomplish enough, on the next day, they esca- Church bombing that occurred 57 years everything. But in a time like this, we lated physical attacks against many. ago. It was an implicit acknowledge- must do something. I join my col- Heather Heyer was a Charlottesville ment that words matter, that state- leagues in support of this legislation. I resident and paralegal with an amazing ments of public officials have an effect want to, again, affirm the fact, quite background and story who was peace- on people. They give a green light to encouraging, that it passed in a bipar- fully protesting that day, and a White violence, often even unintended. tisan manner in the U.S. House of Rep- supremacist from another State revved This bill Senator DURBIN has pro- resentatives. That is so encouraging. his car up, hit her and killed her. posed that passed, as Senator We should do the same here. DeAndre Harris was a special edu- BLUMENTHAL and others said, unani- The PRESIDING OFFICER. The as- cation instructional aide in Charlottes- mously is a statement that we cannot sistant Democratic leader. ville, and he was set upon by a number allow this to continue. It is a state- ADDITIONAL COSPONSOR of White supremacists and beaten se- ment that we will—as law enforcement, Mr. DURBIN. Madam President, I ask verely with objects. as citizens, as people in a free coun- unanimous consent that Senator There were two Virginia State Troop- try—we will put an end to this kind of MANCHIN’s name be added as a cospon- ers, Jay Cullen and Berke Bates, both rhetoric and this kind of hate. of whom I knew. Jay Cullen often flew sor to S. 3190. Folks, we cannot let this moment The PRESIDING OFFICER. Without me in a helicopter when I was Gov- pass in this body. The House passed ernor, and I met Berke Bates, the objection, it is so ordered. this bill unanimously and so should the Mr. DURBIN. Madam President, we trooper, because he was part of Gov- U.S. Senate. We should make a stand are asking for unanimous consent to ernor McCullough’s security detail. with our colleagues in the House—Re- pass a bill that has passed the House of They were called out on that day, publican and Democrat—that this is an Representatives unanimously by a which would have been a day off. They important statement right now be- voice vote—unanimously—to empower were called out on that day because cause what is unsaid so much right now and direct the law enforcement agen- they needed to provide extra security is that we see this playing out in this cies of the United States to use their as this White supremacist rally ran country. We see it playing out in the talents and resources to stop domestic amuck in Charlottesville. On that day, streets. And we can talk about it from terrorism, to stop the killing. We are both of them lost their lives as their the right or the left, and we can talk identifying, in the course of it, the helicopter malfunctioned. about it from Republicans or Demo- White supremacy and far-right extre- I stand on the floor of the Senate crats, but the fact is, we need to be thinking of these four Virginians—two mism as one of the sources. talking about it in terms of people and Listen to what a Trump administra- of whom I knew, three of whom lost victims—innocent victims. That is tion Department of Justice official their lives, and one who was injured se- what this bill is about—protecting the wrote last year in the New York Times: verely in this Unite the Right rally—to lives of all Americans, regardless of the say that it is time we have laws in this White supremacy and far-right extremism color of their skin, regardless of their are among the greatest domestic-security country that would enable us to appro- religion, regardless of their political threats facing the United States. Regret- priately deal with the chief source of persuasion. This bill will do that. tably, over the past 25 years, law enforce- domestic terrorism. For that, I thank Give the FBI the tools necessary. ment at the Federal and State levels have my colleague. Give the statement from the U.S. Sen- been slow to respond.

VerDate Sep 11 2014 02:43 Oct 02, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G01OC6.005 S01OCPT1 SSpencer on DSK126QN23PROD with SENATE October 1, 2020 CONGRESSIONAL RECORD — SENATE S6013 Killings committed by individuals in ject to this piece of legislation. I know There is no process, folks. Let’s just groups associated with far-right ex- that the Department was not consulted be candid. This Senate is not the delib- tremist groups have risen significantly. on this piece of legislation. I have been erative process body that the Senator We are not manufacturing a crisis. The given notice here that the Department from Wisconsin talked about. We don’t Trump administration Department of of Justice does not support this piece have that. This bill has been pending Justice official concurs with our ac- of legislation because it says it would for 9 months. But we don’t have that. tions that they are needed. seriously impede its ability to work in This is not the Senate in which I How did I get involved in this? It the domestic terrorism space. Again, I worked in 1979, where there was a de- goes back to 2012. As chairman of a am not exactly sure why the Depart- liberative attempt. There were debates Senate Judiciary subcommittee, I held ment of Justice does not like this piece on the floor, and there were debates in a hearing on the threat of violent of legislation. Suffice it to say that it committee. This is not a process. rightwing extremism after a White su- doesn’t. The Department of Homeland Whether it is on the floor of this Sen- premacist murdered six worshippers at Security was not even consulted on ate or whether it is in the media or a Sikh gurdwara in Oak Creek, WI. Of- this. As chairman of the Homeland Se- wherever else, when someone says that ficials from the Department of Justice, curity Committee, I don’t know any- this should go through the normal Homeland Security, and FBI—even at thing about this bill. process, those processes were killed a that time—testified about the threat This is not the way to pass a serious long time ago. I have been in this body posed by violent domestic extremists. piece of legislation that deals with a for almost 3 years, and we have had When President Trump was asked serious issue. If it is a good piece of only a relatively handful of amend- and challenged to condemn this vio- legislation, the sponsors should have ments on any bill that has come here. lence, he refused. no problem running it through the nor- We have had virtually no markups and The question is whether the U.S. mal committee of jurisdiction process. debates in committees. Those don’t Senate, now given the same oppor- In this case, apparently, it is with the exist. This bill has been pending for 9 tunity, will stand as the House of Rep- Judiciary Committee, but I would months, which is more than adequate resentatives has on a unanimous, bi- think my committee would also have time for the Homeland Security Com- partisan basis to say ‘‘enough’’ when it some pretty strong equities in this mittee to have taken a look at it, more comes to domestic terrorism inspired space, not to mention the fact that I than enough time for the Committee by White supremacy and rightwing ex- have been working with my ranking on the Judiciary to have taken a look tremism. member on precisely these types of at it, and more than enough time to Let me add that there is nothing in issues. have had a hearing on it. this bill to stop the efforts of those Instead of just trying to make a po- Apparently, our colleagues in the same agencies to police and stop left- litical point, what I have always tried House felt it was OK, but this body has wing extremism—all extremism. I have to do is get a result and make law, but gotten to be so dysfunctional that, to no problem in condemning all of it, but that has to go through a thoughtful send a statement, we will not allow a we are focusing on the one that is the process that uses the full committee unanimously passed bill that has been process, which is not the case here. most significant in the words of the pending in the Senate of the United So I object. Department of Justice. The PRESIDING OFFICER. Objec- States for 9 months to be passed. I ask unanimous consent that the There is one thing with which I tion is heard. Committee on the Judiciary be dis- Mr. DURBIN. Madam President, yes, might disagree a little bit with Senator charged from further consideration of I am trying to make a political point, DURBIN. For me, this is not a political H.R. 5602 and that the Senate proceed and it should be a bipartisan political statement. This is a statement about to its immediate consideration; fur- point. It should be Republicans and law enforcement and increasing the ther, that the bill be considered read a Democrats in the Senate, as there was ability of law enforcement. It is a third time and passed; and that the a unanimous voice vote in the House of statement to protect victims of crime. motion to reconsider be considered Representatives on that same measure, That is what this bill is about for me. made and laid upon the table with no and I am sorry my colleague from Wis- I have seen it all too often in my State intervening action or debate. consin has left. and throughout the South. Again, that The PRESIDING OFFICER. Is there The Senate’s version of this bill has unbroken string—that is what I see objection? been pending for 9 months—for 9 this bill as. The Senator from Wisconsin. months. The House has moved its So I don’t need lectures about proc- Mr. JOHNSON. Madam President, re- version of it. It is a timely issue. Why ess when I see a Senate that does not serving the right to object, I just found waste a day in making America safer? function but that leapfrogs substantive out about this bill a couple of hours Why not tell our law enforcement legislation simply to ram a Supreme ago. I have been busy. I haven’t really agencies: Now, roll up your sleeves. Go Court nominee through—one that been able to really research it, and to work. Find the most dangerous hasn’t been pending for very long, ei- that is part of the problem with what things happening in this country, and ther. This is the kind of thing the Sen- our Democratic colleagues are trying stop them. ate needs to be doing and passing, and to do here in just quickly rushing it We know one of them is White su- we should be ashamed of ourselves for through the U.S. Senate. Maybe this premacists and their rightwing extre- not doing it. Hopefully, that will has had a full vetting in the House of mism. The President fumbled and change. Representatives, but here, in the U.S. couldn’t come up with an answer 2 days I yield the floor. Senate, it hasn’t gone through any ago. Today, sadly, from the Republican RECOGNITION OF THE MINORITY LEADER committee process whatsoever. side, we get an objection to coming to- The PRESIDING OFFICER. The Unfortunately, I also have to make gether on a bipartisan basis, as they Democratic leader is recognized. the point—because I am sure they are did in the House, to address this very Mr. SCHUMER. Madam President, trying to make a political point as op- real issue. I am troubled by this. It is before I get into the subject of this posed to trying to make law today— a sad moment. pending vote, I do want to thank my that I am opposed to all forms of do- I do believe the Senator from Wis- colleagues from Illinois and Con- mestic terrorism, including White su- consin and many others will say they necticut for bringing this important premacists. I think I speak for all of are against extremism. They had a topic before the Senate. my Republican colleagues, and I think chance to prove it by passing a meas- President Trump’s refusal to con- I speak for every U.S. Senator: We all ure here and refused. demn violent White supremacist groups abhor domestic violence and terror, in- I yield the floor. in the Presidential debate has been cluding White supremacists. The PRESIDING OFFICER. The Sen- around for several days. We have hard- Again, I don’t have much knowledge ator from Alabama. ly heard anything out of most of our about this even though I am chairman Mr. JONES. Madam President, I am colleagues, and no one—no one, no of the committee of jurisdiction of one compelled to talk about this process one—is going to buy the argument that of the Departments that would be sub- that I just heard about. it came too suddenly. White supremacy

VerDate Sep 11 2014 02:43 Oct 02, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G01OC6.006 S01OCPT1 SSpencer on DSK126QN23PROD with SENATE S6014 CONGRESSIONAL RECORD — SENATE October 1, 2020 hasn’t come too suddenly. The Presi- and said that, if the Supreme Court Will Republican Senators vote to dent’s remarks have been out there for were to read the statute the way she stop President Trump’s Justice Depart- several days. It is the flimsiest of ex- does, they would have to ‘‘invalidate ment from spending taxpayer dollars cuses to avoid criticizing the President it.’’ President Trump: ‘‘terminate it.’’ trying to eliminate the taxpayers’ even when every American of de- Judge Barrett: ‘‘invalidate it.’’ Guess healthcare? We will see very shortly. cency—the overwhelming majority of what. President Trump and Republican If Senators truly want to support all Americans—would know he should attorneys general are in court right protections for Americans with pre- be condemned. now, suing to do just that—invalidate existing conditions, they would vote to They don’t care if you are a Demo- our healthcare law in a case that will damage President Trump’s legal effort crat or a Republican or are liberal or be heard 1 week after the election. to eliminate them. It is as simple as conservative. You never know how low The threat to Americans’ healthcare that. President Trump can go, but his re- is very, very real, and Senate Repub- No amount of sophistry or expla- fusal to condemn White supremacy is licans are tying themselves in knots in nation is needed. Yes or no? among the lowest things he has done, trying to explain how it is not. Leader Madam President, I ask unanimous consent that I be given a chance to fin- and—boy, oh, boy—there are lots of MCCONNELL, from the floor of the Sen- ish my remarks in the next few min- them lined up. I am ashamed of my Re- ate, called it a joke—a joke—that publican colleagues and ashamed—for utes. Judge Barrett and the far-right major- The PRESIDING OFFICER. Without America, for decency—that they have ity of the Court might vote to take objection, it is so ordered. chosen to block this. away healthcare or to turn back the Mr. SCHUMER. Thank you, Madam S. 4653 clock on women’s rights. President. Madam President, now, on another Maybe he didn’t get that message It is as simple as that. Are they with issue of great importance to America, around to his conference, because the the people who want protection or not, the nomination of Judge Amy Coney Republican Senator from Utah, only a or are they standing with President Barrett to the Supreme Court has few days earlier, claimed that the Af- Trump, who wants to destroy it? It is thrust the issue of healthcare back fordable Care Act was unconstitutional that simple, because if President into the spotlight. Her confirmation to and that striking it down shouldn’t Trump and the Republican lawsuit are the highest Court in the land could put tarnish Judge Barrett if that is what successful, every single American healthcare for hundreds of millions of she chooses to do. stands to lose vital healthcare protec- Americans at risk. Another Republican Senator said he tions or access to care. Millions of As you would imagine, taking away wanted to see evidence that the nomi- Americans would see drug costs sky- healthcare is deeply unpopular with nee understood that Roe was wrongly rocket. Tens of millions of families the American people. So it seems the decided, that Roe was an act of judicial would lose healthcare coverage during strategy from the Republican majority imperialism, and I do believe Amy the worst health crisis in a century. is to invent some new distraction—a Coney Barrett’s record bears that out. More than 130 million Americans with fresh outrage—to talk about. My col- That was his quote. preexisting conditions would lose vital leagues on the other side would rather The junior Senator from Missouri ex- protections, including every American talk about anything besides the fact pressed confidence that Judge Barrett who contracted COVID, which would be that their President, their party, and believes Roe v. Wade was wrongly de- treated as a preexisting condition. their Supreme Court nominee pose a cided. On the Supreme Court, a Justice Women would see their country hurtle dire threat to Americans’ healthcare. Barrett could enforce that view. backward to a time when they could be The outrage from the Republican So which is it, Republican leader? Is charged more than men for insurance leader was directed today, once again, it absurd to think that Judge Barrett simply because they are women. at the idea that the Democrats would might strike down the Affordable Care This vote, which I was fortunate attack a nominee’s religious beliefs, Act, or is it a good thing that shouldn’t enough to obtain, will show America but of course, in their zeal to manufac- tarnish her reputation? which party stands with protecting ture this issue, the Republican Sen- Is it a joke that Judge Barrett could Americans’ healthcare and protections ators began telegraphing this line of curtail women’s fundamental rights, or for preexisting conditions and which attack even before the nominee had are Republican Senators relieved to party opposes it. been named. One Republican Senator think that she thinks Roe v. Wade is It is plain and simple. Are you with wrote me a letter to warn against anti- judicial imperialism? Leader MCCONNELL, who wants to rip Catholic attacks that hadn’t happened Americans are starting to get pretty away people’s protections? Are you yet against a nominee who had not sick of these double standards and with President Trump, who wants to been named. That is how transparent mealy-mouthed talking points—pretty wound our American healthcare by this Republican diversion—ruse—is. sick of politicians who, just 4 years eliminating ACA? Are you with the It appears the Republican majority ago, declared they couldn’t possibly American people, who desperately need will crank up the outrage machine to confirm a Democratic nominee to the these protections? Are you with the any level of absurdity to avoid talking Supreme Court in the early months of mother or father whose son or daugh- about America’s healthcare—the an election year but are now rushing to ter has cancer and the insurance com- healthcare that so many Americans confirm a Republican nominee in the pany says ‘‘You are not getting any in- desperately want and need. In fact, all middle of an election that is already surance,’’ or are you going to require week, the Republican leader has underway. Most of all, pretty sick are that company to give them the insur- mocked the idea that a far-right Su- Republicans claiming they support pro- ance that family so desperately needs? The eyes of America are on this body preme Court majority might strike tections for Americans with pre- and on Republican Senators right now. down the Affordable Care Act and that existing conditions while, at the same Whose side are you on—President Judge Barrett might play a decisive time, they support a lawsuit that Trump’s or the American people who role. Of course, President Trump prom- would eliminate them. Well, we are about to put a few of want healthcare? ised to nominate Supreme Court Jus- I yield the floor. tices who would terminate the Afford- these Senate Republicans on the I suggest the absence of a quorum. able Care Act, and he picked Judge record. Soon, the Senate will vote on a The PRESIDING OFFICER. The Barrett. Those are the President’s bill that, if passed, would protect the clerk will call the roll. words. He is only going to pick Jus- healthcare of hundreds of millions of The senior assistant legislative clerk tices who would terminate the Afford- Americans and prevent efforts by the proceeded to call the roll. able Care Act, and it is no mystery why Department of Justice to advocate that Mr. JOHNSON. Mr. President, I ask he picked Judge Barrett. courts strike down the Affordable Care unanimous consent that the order for In both major cases brought against Act. I was able to move this measure to the quorum call be rescinded. the ACA, Judge Barrett twice sided the floor despite the fact that Repub- The PRESIDING OFFICER (Mr. against the law. She publicly criticized licans didn’t want it, and now we will YOUNG). Without objection, it is so or- Justice Roberts for upholding the law have a vote. dered.

VerDate Sep 11 2014 07:01 Oct 02, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G01OC6.008 S01OCPT1 SSpencer on DSK126QN23PROD with SENATE October 1, 2020 CONGRESSIONAL RECORD — SENATE S6015 Mr. JOHNSON. Mr. President, I ask [Rollcall Vote No. 200 Ex.] dinner Saturday night. Now, we give up unanimous consent that the manda- YEAS—51 a lot from that privilege of watching tory quorum call be waived. Baldwin Gillibrand Peters what our high school friends had for The PRESIDING OFFICER. Is there Bennet Hassan Reed dinner Saturday night. Facebook col- objection? Blumenthal Heinrich Rosen lects an enormous amount of informa- Booker Hirono Sanders Without objection, it is so ordered. Brown Jones Schatz tion about us. And, once again, I am CONCLUSION OF MORNING BUSINESS Cantwell Kaine Schumer not just picking on Facebook. I am Morning business is closed. Cardin King Shaheen using them as an example because it is Carper Klobuchar Sinema such a popular platform that we all f Casey Leahy Smith Collins Manchin Stabenow know about. Facebook uses that infor- EXECUTIVE SESSION Coons Markey Sullivan mation in a number of ways. Cortez Masto McSally Udall First, Facebook uses it to make Duckworth Menendez Van Hollen money. They know a lot of stuff about EXECUTIVE CALENDAR Durbin Merkley Warner Ernst Murkowski Warren us from collecting information about The PRESIDING OFFICER. Under Feinstein Murphy Whitehouse us so they can sell advertisers’ ads, and the previous order, the Senate will pro- Gardner Murray Wyden they can tailor those ads to the indi- ceed to executive session to resume NAYS—43 viduals who are on Facebook according consideration of the following nomina- Barrasso Fischer Risch to the information that the social tion, which the clerk will report. Blackburn Grassley Roberts media platform—in this case, The legislative clerk read the nomi- Blunt Hawley Romney Facebook—has about them. You can nation of Michael Jay Newman, of Boozman Hoeven Rounds even sell more ads if you can keep peo- Ohio, to be United States District Braun Hyde-Smith Sasse Burr Inhofe ple who are on Facebook coming back Judge for the Southern District of Scott (FL) Capito Johnson Scott (SC) and coming back and coming back. Ohio. Cassidy Kennedy Shelby So this is what happens. Some see Cornyn Lankford CLOTURE MOTION Thune this as a virtue, and some see it as a Cotton Loeffler Tillis The PRESIDING OFFICER. Pursuant Cramer McConnell vice. A social media platform like Toomey to rule XXII, the Chair lays before the Crapo Moran Facebook gathers an enormous amount Cruz Paul Wicker Senate the pending cloture motion, Young of information about us, and they Daines Perdue learn, in intricate detail, what moti- which the clerk will state. Enzi Portman The legislative clerk read as follows: vates us and what our interests are. NOT VOTING—6 CLOTURE MOTION Another way of saying that would be We, the undersigned Senators, in accord- Alexander Harris Rubio they learn what our hot buttons are. Graham Lee Tester ance with the provisions of rule XXII of the And they continually show us—what is Standing Rules of the Senate, do hereby The PRESIDING OFFICER. On this the word I am looking for—advertise- move to bring to a close debate on the mo- vote, the yeas are 51, the nays are 43. ments, information, and postings of tion to proceed to Calendar No. 551, S. 4653, Three-fifths of the Senators duly cho- other people on Facebook that rein- a bill to protect the healthcare of hundreds sen and sworn not having voted in the force our beliefs, and, in some cases, of millions of people of the United States and affirmative, the motion is rejected. they show us very radical bits of infor- prevent efforts of the Department of Justice The PRESIDING OFFICER. The Sen- mation that really push our hot but- to advocate courts to strike down the Pa- tient Protection and Affordable Care Act. ator from Louisiana. tons. Charles E. Schumer, Richard J. Durbin, UNANIMOUS CONSENT REQUEST—S. 4756 Now, why do they do that? Well, No. Patty Murray, Tim Kaine, Martin Mr. KENNEDY. Mr. President, I want 1, it will keep us coming back to Heinrich, Jack Reed, Jeff Merkley, to talk just for a few moments about Facebook, and it will keep us on Bernard Sanders, Jon Tester, Benjamin the internet and social media, and I Facebook longer, which means that ad- L. Cardin, Brian Schatz, Debbie Stabe- want to make it clear, first, that I be- vertisers like us better because we are now, Richard Blumenthal, Angus S. seeing their ads, and it means that King, Jr., Michael F. Bennet, Edward J. lieve firmly in free will and responsi- bility. I believe that no matter what Facebook can sell more ads at a higher Markey, Chris Van Hollen, Sheldon price. I am not criticizing them. That Whitehouse, Kirsten E. Gillibrand. kind of day you are having or what is going on in your life, that you are re- is just the way the business works. The PRESIDING OFFICER. The But the downside of it is that we only sponsible for your actions. question is, Is it the sense of the Sen- see one point of view. Our point of view But I think we all know, as a matter ate that debate on the motion to pro- is reaffirmed. We never see other of experience and common sense, that ceed to S. 4653, a bill to protect the points of view. We are never encour- there are things in this world that can healthcare of hundreds of millions of aged to question our assumptions or to influence our actions. Social media, people of the United States and prevent test our assumptions against the argu- which I consider to be an American in- efforts of the Department of Justice to ments of others. advocate courts to strike down the Pa- vention, has many virtues and many Now, how does Facebook do this? tient Protection and Affordable Care advantages, and we know that. I think And, again, I don’t mean to just pick Act, shall be brought to a close? it has brought the world closer today. I on Facebook, but it is an example we The yeas and nays are mandatory think it has given many people a voice. are all aware of. They use algorithms. under the rule. I think it is an extraordinary source of I am not going to try to explain algo- The clerk will call the roll. knowledge. rithms, but that is how they show us The legislative clerk called the roll. But like other innovations in this information that pushes our hot but- Mr. THUNE. The following Senators world, it has a downside. And one of tons. are necessarily absent: the Senator those downsides is the fact that, too The social media platforms contend from Tennessee (Mr. ALEXANDER), the often, social media becomes an endless that they are not involved in content Senator from South Carolina (Mr. GRA- electronic brawl, and rather than and that they are just publishers. So HAM), the Senator from Utah (Mr. LEE), bringing us together and exposing us to when somebody pushes your hot button and the Senator from Florida (Mr. other points of view and causing us to and you get angry and you say some- RUBIO). test our assumptions against the argu- thing that you probably shouldn’t Further, if present and voting, the ments of others, it brings us apart. I say—that is why Facebook has turned Senator from Tennessee (Mr. ALEX- think social media is, in part, respon- into an endless electronic brawl— ANDER) would have voted ‘‘yea.’’ sible for that. Facebook says: Hey, it is not our fault. Mr. DURBIN. I announce that the We all know that many social media We are just a publisher. That is why, Senator from California (Ms. HARRIS) platforms are free. Let’s take under the law, Facebook enjoys what and the Senator from Montana (Mr. Facebook, for example. Facebook is a we call section 230 liability. TESTER) are necessarily absent. free service. You open an account; you But as long as these algorithms are The yeas and nays resulted—yeas 51, go on Facebook; and you can find out used to push our hot buttons, to reaf- nays 43, as follows: what your high school friends had for firm our points of view, to not show us

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