on the other hand, we live in a world where we have experience to increase nationalism. we know that that what may be happening in one country and coming to another, maria mentioned about the importance of the terminology and the lexicon for these emerging variance in the importance of not labeling them uk, south africa, brazil because while they may have been recognized there and may have a profound impact in those specific countries it isn't as though the variance are a product. >> unfortunately technical issues with our live feed as the discussion with healthcare professionals on the new covid-19 variance. we are working to fix the problem and hope to return to live coverage shortly.

[silence] >> believe this live event here to keep our long-term commitment to live gavel to gavel coverage of u.s. senate. you can continue watching on c-span .org presented lawmakers today continue working on the nomination of homeland security nominee. live coverage of the senate here on c-span2. the president pro tempore: the senate will come to order. the chaplain, dr. barry black, will lead the senate in prayer. the chaplain: let us pray. eternal god, you are the light that keeps us safe. your protection soothes doubts and calms fears. you hear our prayers.

your answers are swift. lord, teach our lawmakers to follow your guidance. place their feet on the right path. guide them with your precepts and encourage them with your promises. may their faith in you keep them courageous and true. we praise you, for you are the rock of our salvation. we pray in your loving name. amen. the president pro tempore: please join me in reciting the pledge of allegiance. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible,

with liberty and justice for all.

mr. leahy: madam president. the presiding officer: the senator from vermont, you are recognized. mr. leahy: i ask unanimous consent to speak as if in morning business. the presiding officer: without objection. mr. leahy: madam president, as you know, as you walk around -- walked around the capitol these last couple of weeks, you have to notice the changes.

quiet views of the capitol, the seat of our government, are obstructed by fences topped with barbed wire. and service members on patrol at every corner, every entrance, every gateway. these service members, men and women of our national guard, are our neighbors, they are our co-workers, they are members of our family. they are called away from home, many of which volunteered to come here to the nation's capitol to protect the very heart of democracy. they deserve our thanks. they deserve our gratitude. they deserve our unwavering support. with over 25,000 members of the guard for every state, territory, district of columbia,

the president in -- present in washington to protect our time-honored traditions, there is no better protection for america as we carry out the nation's business. i am grateful to them for their service. two weeks ago, i had the pleasure of visiting and thanking some members of vermont's own national guard. lieutenant colonel day, along with captain lara, from the renowned mountain calvary battalion. they welcomed me and introduced me to a contingent of the vermonters present. now, through their deployment, they are asked to face challenges on a moment's notice. they use the training, the teamwork that has always helped them succeed. in vermont and overseas, and they met those challenges, they exceeded those challenges.

like all national guard units when they deploy, these vermonters came to the district with deep ties back to our communities, and the families and employers that make this service possible. i'm privileged to be the cochair of the senate national guard caucus. i have heard time and again firsthand testimony from members of the guard that the hometown connection is the glue that makes what they do possible. we are grateful for their families, their communities, their employers, too. they can be -- that can be said about every senator here, including our distinguished presiding officer. the vermont guard members i talked to carry with them the support of vermont communities, especially from southern vermont where bravo troop's armory is located. to give you an idea how they are part of the community, the deployment was led by the vice

principal of a high school that included a cousin of one of my staffers. it was filled with soldiers whose connections and stories make up the culture, community that i proudly call home vermont. but a similar story can be told about the community representing the units from every state and territory. i'm especially grateful because most of the soldiers from vermont are going to deploy overseas later this year. everyone that came down this january volunteered to be here. so much has been asked of the national guard these last months, from covid-19 response to some of the disturbances this summer to safeguard the nation's capitol, all of it on top of

regular training and deployment schedules. so to the men and women of the national guard from every state and territory and the district of columbia, we appreciate the immense contribution you have made to our country today and every day. you are real patriots. you are real heroes, and democracy thanks you. madam president, on another matter, i am waiting to -- you know, madam president, i first came to this capitol when i was a teenager with my parents. we had come down from vermont. i remember looking around and walking through it thinking what a privilege it was just to walk here. and then during my years at georgetown law school, i would come here often just to see it,

just to watch it, to walk up the mall and look at the capitol and say that's democracy. i never thought i would work here, but i have now for a number of years. what i thought of the assault, madam president, on -- and the defilement of the united states capitol mere weeks ago, i said that was an attack on the bedrock of our democratic institutions right here in the citadel of our democracy. the toll that this insurrection has taken and will take on our great nation will be felt for so long, in addition to the physical damage done, there is the human toll that this attack has taken on the lives lost, the

injuries suffered by so many brave officers of the capitol police. i was both in this chamber and the house chamber during the time this attack unfolded. the next morning, i recorded some of the lingering physical damage to this building in several photographs i had made. but the attack also is about the things you can't photograph, the unseen scars in the capitol community, the staff members, the capitol employees who work every day to help make our capitol building function as it needs to function. most members of congress -- this attack has shaken all of us. a member of fox news has written an essay that captures this heavy toll on the people who work in the capitol. i was so moved when i read his

essay that i will ask unanimous consent that it be printed in the record so all senators can see it. the presiding officer: without objection. mr. leahy: with that, madam president, i will suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call: mr. cornyn: madam president? the presiding officer: the senator from texas. mr. cornyn: madam president, i'd ask unanimous consent that the quorum call be dispensed with. the presiding officer: without objection. mr. c -- mr. cornyn: madam president, president biden built his campaign around -- the presiding officer: the senator from texas will hold. under the previous order, the leadership time is reserved. morning business is closed. under the previous order, the senate will proceed to executive session to resume consideration of the following nomination which the clerk will report. the clerk: nomination, department of homeland security,

alejandro nicholas mayorkas of the district of columbia to be secretary. mr. cornyn: madam president. the presiding officer: the senator from texas. mr. cornyn: madam president, president biden built his campaign for the presidency around a theme of unity, the promise that he would work to heal the deep divisions that exist in our country and restore respect and bipartisan commune -- communication. he's consistently pointed to his decades in the united states senate as proof of his understanding and his ability to achieve results and for good reason. senator biden had a record of working across the aisle and brokering bipartisan deals. but so far at least, the actions of president biden have run counter to his image as a pragmatic dealmaker. let's look at the first big test which is coronavirus relief. this, of course, has been the main focus of the senate for

nearly a year now. we passed several bipartisan bills ranging from far-reaching multitrillion dollar packages to smaller, more targeted bills, and every single one received overwhelming bipartisan support. now make no mistake. the path to getting those bills signed into law was not easy. the republican-controlled senate and the democrat-controlled house had very different ideas about the size and shape of those bills. but we managed to overcome those differences and provide trillions of dollars in relief to support our response on both the health care and economic fronts. president biden has made covid relief a top priority and laid out a framework for $1.9 trillion coronavirus relief, which includes everything from bipartisan priorities like funding for vaccines to partisan ones, like slush funds for blue

states. i don't support the president's proposal in its current form, but i do believe that it's a good place to start to kick off bipartisan negotiations. i also believe that before we rush out and throw trillions of dollars -- i that say more dollars at this problem, we need to see how what we've done is already working. in fact, it was only a month ago when we passed our last covid-19 relief bill with big partisan votes. and that money is not even out the door yet. as we look to the future, i had high hopes we could continue this trend of working together. after all, that's the idea the president ran on, bipartisanship, dealmaking, and reaching across the aisle to build consensus. president biden knows the rough and tumble of the legislative process very well. he helped broker many compromises during his career

and promised to use that experience to restore bipartisanship in washington. but that's not what the early days of this administration has looked like, not even close. our democratic colleagues kicked off the year with threats to eliminate the filibuster. we know the filibuster is the single biggest safeguard of the minority in the senate, whether it be republican or democrat because it requires, indeed it forces bipartisan compromise in order to advance legislation. for the past six years as the minority party, our democratic colleagues have proudly filibustered bill after bill. they blocked the senate from considering legislation on everything from coronavirus to justice reform to border security. now, make no mistake, republicans were frustrated. it's frustrating to have the majority and not being able to get what you want.

but the integrity of the filibuster and its ultimate purpose was never called into question, even though leader mcconnell faced called from many, including president trump, to toss it out the window. but in this new reality of a 50-50 senate, the democratic leader has so far not been interested in playing by the existing rules. he wants an easy, compromise-free path for the democratic radical agenda, and he's prepared to go full scorched earth to make it happen. senator schumer has threatened to eliminate the legislative filibuster and subject the country to the chaos that a majority-rule senate would create. the difference here, of course, is that leader mcconnell stood up to those in his own party who called for this. senator schumer so far has led us to believe he will not do the same. fortunately the senators from west virginia and arizona,

senators manchin and sinema, have vowed not to participate in this dangerous exercise, and it's clear or it should be clear but i will emphasize, this is not for the benefit of the minority party. this is for the benefit of the senate as an institution and the country as a whole. with the eliminating the filibuster off the table because at least two democratic senators will not vote to eliminate it, senate democrats have found a new opportunity to break the rules, ignore precedent, and pave a path for partisan legislation. if the reports can be believed, our democratic colleagues are preparing to abuse the budget reconciliation process to ram president biden's coronavirus relief proposal through the senate. this is a process designed as a way to enact certain fiscal

policies in a budget resolution, things like spending reductions, tax relief, or tax increases. unlike the traditional legislative process which is used for the majority of the bills that move through the senate, there's no 60-vote threshold when you use budget reconciliation. but that doesn't mean you can or you should fast track partisan legislation. in fact, our predecessors have warned us against that. one of the most influential senators in protecting this budget reconciliation process was robert c. byrd, the long-time senator from west virginia. he was the architect of the now so-called byrd rule which is used to keep the reconciliation process from being used to circumvent the normal legislative process. in short he wanted to prevent the process from being abused in the way democrats appear to be preparing for now. the referee in all of this is

the senate parliamentarian, a nonpartisan, expert adviser on senate rules and procedure. folks on both sides of the aisle know and respect our parliamentarian and the people that work with her. we respect their guidance to understand the rules of the senate and ensure that both sides are treated fairly. the most senior member of this chamber, the president pro tempore, once said i've been here with many, many parliamentarians. all were good but she was the best. throughout modern history, senate parliamentarians have advised the senate on which provisions can and cannot be included in a budget reconciliation bill based on the application of the byrd rule. in fact, the parliamentarian gives it a process known as a bird bath. while the majority party has the

power to accept the parliamentarian's advice, there hasn't been much question about whether to do so or not. think about this, madam president. it would be like allowing a batter in the world series to ignore the umpire's balls and strikes call and treat every pitch as if it were a ball. i'm sure it's no surprise that during -- that then -- it's no surprise then that the last time either party ignored the parliamentarian's ruling was 1975, nearly 50 years ago. since then both republicans and democrats have understood the dangers of such reckless action and have respected the advice of the parliamentarian even when it punches a hole in their own legislation. but if reports are to be believed, it looks like our democratic colleagues may be preparing to break precedent once again. with the filibuster, legislative

filibuster still intact, our democratic colleagues are no doubt considering a plan to shove president biden's massive coronavirus relief bill through the senate using reconciliation, and that plan ignores -- involves ignoring many adverse rulings from the parliam parliamentarian. over the last several decades, senators on both sides have refrained from such a dangerous move because of the precedent it would set. here's another instance where despite pressure from some in our -- in my party, leader mcconnell refrained from eliminating the legislative filibuster. he knew how detrimental it would be to the united states senate as an institution. it's basically what we're hearing now about budget reconciliation and considering eliminating the byrd rule is essentially a backdoor method to eliminate the filibuster and push the most partisan controversial measures through with only a simple majority.

in 2001, senator byrd said, reconciliation was never, never, never intended to be used as a shield for controversial legislation. by depriving senators of their rights and their duty to debate and amend. but that is precisely what our democratic colleagues are reported to be considering now. to overrule the advice of a nonpartisan adviser to the senate so they can deprive senators of their duty and ability to debate and amend legislation. i urge our colleagues not to go down this road. after all, you would have thought they learned a lesson now that the shoe is on the other foot when it comes to nominations and the filibuster. in 2013, then majority leader harry reid went nuclear and eliminated the 60-vote cloture requirement on judicial

nominees, something distinct and different from legislative filibuster but applied to nominees. leader mcconnell told our colleague from nevada at the time, he said you'll regret this. and you may regret this a lot sooner than you think. and as it turned out, he was right. as our colleagues now know very well, the republican-led senate confirmed more than 230 judges that were nominated by president trump, all thanks to harry reid's rule change. this action cleared the way to eliminate the 60-vote cloture threshold on supreme court nominees which led to the confirmation of three supreme court justices during the trump presidency. there are inherent and perhaps unintended consequences of changing the rules in a place where your power is never permanently guaranteed. chipping away at the rights of the minority may help you now, but you're sure to regret that some day just as democrats now

regret the day harry reid cleared an easy path for hundreds of conservative federal judges. madam president, there are a few ways to stop this madness before democrats head down this dangerous path. the first is for president biden to intervene and warn senate democrats not to break the rules by ignoring decades of prec precedent. we're less than two weeks in a biden presidency which was won on the promise of working together. president biden consistently pointed to his experience as a united states senator as evidence of his ability to reach across the aisle to get things done. this will be his first test. will he urge senate democrats to pursue a bipartisan approach to legislating? or will he give up on his single, largest campaign promise less than two weeks into his administration? the second option is for our democratic colleagues to speak up.

senators manchin and sinema stood up to the democratic leader when he threatened to eliminate the filibuster. and as i see it, this is no less dangerous. whatever precedent you set or break when you're on one side will affect you when you are on the other side, which you inevitably will ultimately be. if democrats destroy the budget reconciliation process now, it will clear the way for them to pass a progressive agenda with absolutely zero need for republican votes. that could include everything from federal funding for abortions to heavy-handed climate policies. and when republicans ultimately find themselves in the majority, all of these policies could be eliminated with a party-line vote and replaced with new laws. this is a dangerous and unnecessary road to go down, and our democratic colleagues have a duty, i believe, as members of this body to respect its rules

and respect the senate as an institution. the senate should not replace the byrd rule with harry's rule. i'd like to once again share some wise words from our late colleague senator byrd who was known as the master of the senate rules and process and procedure. not long before his death, he spoke in the senate rules committee hearing about the importance of protecting minority rights, something the senate has been known for. oddly enough, the current democratic leader was presiding at the time. senator reid said, and i quote, as i have said before, the senate has been the last fortress of minority rights and the freedom of speech in this republic for more than two decades. i pray that senators will pause and reflect before ignoring that history and tradition in favor of the political priority of the moment. madam president, i yield the

floor, and i'd note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

mr. schumer: madam president? the presiding officer: thest mr. majority. mr. schumer:y that the quorum call be dispensed with. the presiding officer: without objection. mr. schumer: i ask that the 5:30 confirmation vote on the nomination of alejandro mayorkas to be secretary of the homeland security occur on as to day, february 2 at 2:30 with all other provisions of the agreement remaining in effect. the presiding officer: is there objection? hearing none, without objection. mr. schumer: now, madam president, at the beginning -- at the beginning here, i want to briefly address the deeply disturbing reports of a coup in

myanmar. we are monitoring this situation is great concern and the biden administration is already providing briefings to the hill on the state of affairs. congress stands ready to work collaboratively with the administration to resolve the new situation. i know this is a region of long-standing concern and interest to the republican leader, so i hope that we can productively work together in a bipartisan fashion to determine the best course of action for america's interests and for the people of myanmar. next, this week, the senate will continue to confirm president biden's outstanding cabinet nominees. we had intended to finish the confirmation of alejandro mayorkas to serve as secretary of homeland security today, but unfortunately with winter storms hitting much of the east coast, mr. mayorkas' confirmation will be delayed until tomorrow to accommodate members who are having difficulty getting here.

we'll also vote tomorrow on the nomination of former south bend mayor, pete buttigieg to serve as our nation's next secretary of transportation. he is an impressive public servant who has earned the respect of both sides. he was reported our of committee on a unanimous bipartisan vote and i like forward to confirming his nomination tomorrow. as we process these nominations on the floor, our senate committees are hard at work preparing the next slate of nominees, including secretaries of agriculture, energy, veterans affairs, commerce, education, labor, e.p.a., and more. we have a lot of work to do here, but the senate is going to press forward on these nominations as quickly as possible. at the same time, the senate this week will begin the important work of crafting legislation to rescue the american people and the american economy from the continued effects of the covid-19 pandemic.

we continue to face a crisis unlike any other in our lifetimes. over the course of a year, more than 26 million americans contracted the virus and nearly 450,000 have died. more than the number of americans who died during world war ii. tens of millions of americans have lost their jobs, thousands of businesses closed their doors for good, and the economy suffered the worst year of growth -- again -- since world war ii. our efforts here in congress over the past year have saved scores of small businesses, kept millions of americans in their home and out of poverty, but our work is far from complete. as we speak, nearly a million americans are filing for unemployment per week, more than 16 million americans have reported being thousands of dollars behind on the rent, on mortgage, on utilities, elderly

americans are having their heat shut off in the depth of winter, families are having the power and internet shut off during their children's first year of virtual kindergarten. the small businesses we've done so much to help through the p.p.p. and other bipartisan programs will struggle until we can vaccinate enough americans toest go the country back to normal -- to get the country back to normal. facing these multifaceted challenges of a scale and scope larger than any event in the past 1 should years, congress must -- in the past 100 years, congress must pursue a bold and rebust course of action. it makes no sense to bunch pennies -- pinch pennies when so many americans are struggling. the risk of doing nothing is far greater than the risk of doing too much.

preyed hoover failed to react quick -- president hoover failed to react quickly enough to forestall a great depression. in the wake of a financial crisis in 2009 congress was too timid and constrained and the ensuing recovery was long, slow, painful. treasury secretary yellen, who watched the most recent recovery up close, just told us that, quote, the smartest thing we can do is act big. met me repeat that. the smartest thing we can do is act big, according to treasury secretary yellen. so that is what the senate is going to do -- act big. today speaker pelosi and i will file a joint budget resolution for the fiscal year 2021 totaling $1.9 trillion, which is the first step in giving congress an additional legislative tool to quickly pass

the covid relief legislation. the resolution, if passed a by both chambers of congress, will provide instructions for the house and senate committees to begin work on a potential budget reconciliation bill, which will be the vehicle for urgent and necessary covid relief. now, i want to be very clear. there is nothing in this process that will preclude it from being bipartisan. we welcome -- welcome -- republican input. let me say that again. there is nothing in this process -- the budget resolution or reconciliation -- that precludes our work from being bipartisan. in fact, the senate has used this process no fewer than 17 times to pass bipartisan legislation since 1980, including to create or expand landmark programs like children's health insurance, the child tax credit, the earned income tax credit, which together have lifted millions of

americans out of poverty. covid relief, too, should be the work of both democrats and republicans. teachers and firefighters are being laid off in red states and blue states. american families are struggling with the rent and utilities in kentucky as well as in new york. we should all be eager to provide our country the resources it needs to finally beat this disease and return our country to normal. to that end, democrats welcome the ideas and input of our senate republican colleagues. the only thing we cannot accept is a package that is too small or too narrow to pull our country out of this emergency. we cannot repeat the mistake of 2009, and we must act very soon to get this assistance to those so desperately in need.

i yield the floor and note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call:

quorum call: quorum call:

quorum call:

the presiding officer: the senator from montana. mr. tester: madam president, i'd ask that the quorum call be vitiated. the presiding officer: without objection. mr. tester: madam president, i rise today to speak about a

friend of mine, ali mayorkas. he is president biden's choice to head up the department of homeland security. now, i don't need to tell the folks in this chamber how big of a job this is, but let me be clear. it is our duty to put somebody in this role who's up to the task of getting things done. and i'm here to assure you that ali mayorkas is that man. i worked closely with ali when he was deputy secretary of homeland security in the obama administration. and it's obvious that he has the understanding of the challenges that this country is facing from the coronavirus pandemic to immigration to cybersecurity to threats both from foreign adversaries and now more than ever from domestic ones. and perhaps most importantly, he has demonstrated that he is going to listen and learn about

the unique problems facing each state in this union. he proved to me that, when i -- that to me when i brought him to montana in in 2015. he flew along the canadian border and visited sweet grass before hosting a round table on human trafficking just a little more than 50 miles from where i live. we also held listening sessions on law enforcement -- with law enforcement and first responders. met with local businesses to discuss cross border trail and met with union representatives from custom and border protections. he traveled thousands of miles to hear firsthand what montanans had to say. and because of it, he understood what our state needed from him in order to be successful with our homeland security. that, folks is what leadership looks like. over the past four years, we've seen the department of homeland

security in turmoil with six different secretaries. we need a steady hand, a steady hand like ali mayorkas to get us back on track. after all, he spent seven years in leadership roles in the department of homeland security. he understands the challenges. he understands it's going to take lot of work. he understands that we're going to have to bring people together, and he understands that this job is a 24/7 job. he understands because he's lived it. he has the knowledge and the experience to lead our nation's homeland security today and prepare for challenges tomorrow. now, it's my understanding that tomorrow at 2:30, we will vote on ali mayorkas as secretary of homeland security. i would hope that we get a strong vote for him out of this body because quite frankly, after the events of january 6, we have no time to waste. with that, madam president, i yield the floor and suggest the

absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call:

quorum call:

quorum call:

quorum call:

mr. heinrich: madam president? the presiding officer: the senator from new mexico. mr. heinrich: i would ask unanimous consent to vitiate the quorum call. the presiding officer: without objection. mr. heinrich: i ask unanimous consent that the senate proceed to legislative session and be in a period of morning business with senators permitted to speak therein for up to ten minutes each. the presiding officer: without objection. mr. heinrich: madam president, i ask unanimous consent that the senate proceed to the consideration of h. con. res. 10 which was received from the house of representatives earlier today. the presiding officer: the clerk will report. the clerk: house concurrent resolution 10 permitting the remains of the late united states capitol police officer

brian d. sicknick to lie in honor in the rotunda of the capitol. the presiding officer: without objection, the senate will proceed to the measure. mr. heinrich: i ask unanimous consent that the concurrent resolution be agreed to and the motion to reconsider be considered made and laid upon the table with no intervening action or debate. the presiding officer: without objection. mr. heinrich: i ask unanimous consent that when the senate completes its business today, it adjourn until 10:30 a.m. tuesday, february 2. further, that following the prayer and pledge, the morning hour be deemed expired, the journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed. that upon the conclusion of morning business, the senate proceed to executive session to consider the buttigieg nomination as provided under the previous order. further, that upon disposition of the buttigieg nomination, the senate resume consideration of the mayorkas nomination as

provided under the previous order and then recess until 2:15 p.m. to allow for the weekly caucus meetings. the presiding officer: without objection. mr. heinrich: for the information of all senators, the senate will vote on the confirmation of the buttigieg nomination at 12:00 noon tomorrow and on confirmation of the m mayorkas nomination at 2:0 p.m. tomorrow. if there's no further business for come before the senate, i ask that it stand adjourned under the previous order. the presiding officer: the senate stands adjourned until senate stands adjourned until secretary of homeland security, that boat had been scheduled for today but postpone because of winter storms on the east coast. the senate is back in session will have live coverage on

c-span2. >> former president trump became the first president to be impeached twice, last week house impeachment managers deliver the articles of impeachment against a former president on incitement to insurrection of the senate with maryland democratic representative reaching the article before the senate. >> donald john trump impeachment and trial removal from office and disqualification to hold any office of honor, trust or profit under the united states. >> so help you god. >> the following day senators were sworn in as jurors in the trial, republican kentucky senator rand paul requested a point of order to dismiss the impeachment charge as unconstitutional. >> i make a point of order that this proceeding which would try a private citizen and not a president, vice president or civil officer who violates the constitution and is not in order. >> the motion was tabled in a 5r

words" a senate approved the rules of the trial and adjourned until tuesday february 9 marking the start of the senate impeachment trial. watch the senate impeachment trial live at 1:00 p.m. eastern on c-span2, stream live at c-span.org or listen on the c-span radio app. >> montana governor gave his state of the dress and the state capital helena and he was elected governor last november. >> lieutenant governor jurist, president blake dale, members of the 67th legislature my fellow statewide officials, tribal leaders, honored members of the judiciary and members of the cabinet my wife susan, our kids and our grandson and finally my fellow montanans serving you is the