E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION

Vol. 167 WASHINGTON, FRIDAY, FEBRUARY 12, 2021 No. 27 House of Representatives The House was not in session today. Its next meeting will be held on Monday, February 15, 2021, at 9:30 a.m. Senate FRIDAY, FEBRUARY 12, 2021

The Senate met at 12 noon and was If there is no objection, the Journal come together around shared prior- called to order by the President pro of proceedings of the trial are approved ities. tempore (Mr. LEAHY). to date. Like every other politically moti- f I would ask the Sergeant at Arms to vated witch hunt the left has engaged make the proclamation. in over the past 4 years, this impeach- TRIAL OF DONALD J. TRUMP, The Acting Sergeant at Arms, Jen- ment is completely divorced from the PRESIDENT OF THE UNITED nifer A. Hemingway, made the procla- facts, the evidence, and the interests of STATES mation as follows: the American people. The Senate The PRESIDENT pro tempore. The Hear ye! Hear ye! All persons are com- should promptly and decisively vote to Senate will convene as a Court of Im- manded to keep silence, on pain of imprison- reject it. peachment. ment, while the Senate of the United States No thinking person could seriously is sitting for the trial of the Article of Im- believe that the President’s January 6 PRAYER peachment exhibited by the House of Rep- speech on the Ellipse was in any way The Chaplain, Dr. Barry C. Black, of- resentatives against Donald John Trump, an incitement to violence or insurrec- former President of the United States. fered the following prayer: tion. The suggestion is patently absurd Let us pray. RECOGNITION OF THE MAJORITY LEADER on its face. Nothing in the text could Mighty God, unsurpassed in both The PRESIDENT pro tempore. The ever be construed as encouraging, power and understanding, we worship Democratic leader is recognized. condoning, or enticing unlawful activ- You. Lord, when there is nowhere else ORDER OF BUSINESS ity of any kind. to turn, we lift our eyes to You. Mr. SCHUMER. Mr. President, for Far from promoting ‘‘insurrection’’ As, again, this Senate Chamber be- the information of all Senators, we will against the United States, the Presi- comes a court and our Senators become plan to take short breaks approxi- dent’s remarks explicitly encouraged jurors, guide these lawmakers with mately every 2 hours and a longer din- those in attendance to exercise their Your wisdom, mercy, and grace. Lord, ner break around 5 p.m. rights ‘‘peacefully and patriotically.’’ infuse them with a spirit of non- The PRESIDENT pro tempore. Pur- Peaceful and patriotic protest is the partisan patriotism. Unite them in suant to the provisions of S. Res. 47, very antithesis of a violent assault on their efforts to do what is best for the counsel for the former President the Nation’s Capitol. America. As they depend on Your prov- has 16 hours to make the presentation The House Impeachment Article idence and power, may they make of their case, and the Senate will hear slanderously alleges that the President choices that will be for Your greater the counsel now. intended for the crowd at the Ellipse to glory. We recognize Mr. van der Veen to ‘‘interfere with the Joint Session’s sol- We pray in Your sovereign Name. begin the presentation of the case for emn constitutional duty to certify the Amen. the former President. results of the 2020 Presidential elec- PLEDGE OF ALLEGIANCE Go ahead. tion.’’ This is manifestly disproven by The President pro tempore led the COUNSELS’ PRESENTATION the plain text of the remarks. Pledge of Allegiance, as follows: Mr. Counsel VAN DER VEEN. Good The President devoted nearly his en- I pledge allegiance to the Flag of the afternoon, Senators, Mr. President. tire speech to an extended discussion of United States of America, and to the Repub- The Article of Impeachment now be- how legislators should vote on the lic for which it stands, one nation under God, fore the Senate is an unjust and bla- question at hand. Instead of expressing indivisible, with liberty and justice for all. tantly unconstitutional act of political a desire that the joint session be pre- THE JOURNAL vengeance. This appalling abuse of the vented from conducting its business, The PRESIDENT pro tempore. Sen- Constitution only further divides our the entire premise of his remarks was ators, will you please be seated. Nation when we should be trying to that the democratic process would and

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

S667

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VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.000 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S668 CONGRESSIONAL RECORD — SENATE February 12, 2021 should play out according to the letter There is no debate. President TRUMP. We will never defund of the law, including both the Constitu- There is no debate. our police. Together, we will ensure that tion and the Electoral Count Act. Ms. JACKSON LEE. Sixteen voting—— America is a nation of law and order. In the conclusion of his remarks, he Vice President BIDEN. There is no debate. Vice President BIDEN. If we were in high Ms. JACKSON LEE. And the mass—— school, I’d take him behind the gym and beat then laid out a series of legislative Vice President BIDEN. Please come to the hell out of him. steps that should be taken to improve order. Mr. TESTER. But I think you need to go democratic accountability going for- Ms. JACKSON LEE. There is the—— back and punch him in the face. ward, such as passing universal voter Vice President BIDEN. The objection can- Mr. BOOKER. I feel like punching him. ID legislation, banning ballot har- not be received. President TRUMP. We just want law and vesting, requiring proof of citizenship Ms. JACKSON LEE. What the Russian—— order. Everybody wants that. to vote, and turning out strong in the Vice President BIDEN. Section 18, title 20 Mr. SCHUMER. I want to tell you, of the United States Code prohibits debate in next primaries. Not only President— Gorsuch; I want to tell you, Kavanaugh: You the joint session. have released the whirlwind, and you will these are not the words of someone in- Ms. WATERS. I do not wish to debate. I pay the price. citing a violent insurrection. wish to ask, Is there one United States Sen- President TRUMP. We want law and order. Not only President Trump’s speech ator who will join me in this letter of objec- We have to have law and order. on January 6 but, indeed, his entire tion? Mr. CUOMO. Show me where it says that challenge to the election results was Vice President BIDEN. There is no debate. protests are supposed to be polite and peace- squarely focused on how the proper There is no debate. ful. civic process could address any con- Ms. WATERS. Just one. President TRUMP. We believe in safe cerns through the established legal and Vice President BIDEN. The gentlewoman streets, secure communities, and we believe will suspend. in law and order. constitutional system. The President brought his case before State and Fed- Mr. Counsel VAN DER VEEN. In 2000, Tragically, as we know now, the Jan- eral courts, the U.S. Supreme Court, the dispute over the outcome was uary—on January 6, a small group, who the State legislatures, the electoral taken all the way to the Supreme came to engage in violent and men- college, and, ultimately, the U.S. Con- Court, which ultimately rendered a de- acing behavior, hijacked the event for gress. cision. their own purposes. According to pub- In the past, numerous other can- To litigate questions of an election licly available reporting, it is apparent didates for President have used many integrity within this system is not in- that extremists of various different of the same processes to pursue their citement to insurrection. It is the stripes and political persuasions own election challenges. As recently as democratic system working as the preplanned and premeditated an attack 2016, the Clinton campaign brought Founders and lawmakers have de- on the Capitol. One of the first people multiple postelection court cases, de- signed. To claim that the President, in arrested was a leader of antifa. Sadly, manded recounts, and ridiculously de- any way, wished, desired, or encour- he was also among the first to be re- clared the election stolen by Russia. aged lawless or violent behavior is a leased. Many Democrats even attempted to preposterous and monstrous lie. From the beginning, the President persuade the electoral college dele- In fact, the first two messages the has been clear: The criminals who infil- gates to overturn the 2016 results. President sent via Twitter, once the in- trated the Capitol must be punished to House Manager RASKIN objected to the cursion of the Capitol began, were: the fullest extent of the law. They certification of President Trump’s vic- Stay peaceful and no violence because we should be imprisoned for as long as the tory 4 years ago, along with many of are the party of law and order. law allows. his colleagues. The gathering on January 6 was sup- The fact that the attacks were appar- You will remember, it was Joe Biden posed to be a peaceful event. Make no ently premeditated, as alleged by the who had to gavel him down. mistake about that. And the over- House managers, demonstrates the lu- (Text of Video presentation.) whelming majority of those in attend- dicrousness of the incitement allega- Mr. RASKIN. I have an objection because ance remained peaceful. tion against the President. 10 of the 29 electoral votes cast by Florida As everyone knows, the President You can’t incite what was already were cast by electors not lawfully certified. had spoken at hundreds of large rallies going to happen. Ms. JACKSON LEE. I object to the votes across the country over the past 5 Law enforcement officers at the from the State of Wisconsin, which would years. There had never been any mob- scene conducted themselves heroically not—should not—be legally certified. Vice President BIDEN. There is no de- like or riotous behaviors, and, in fact, and courageously, and our country bate— a significant portion of each event was owes them an eternal debt. But there Ms. TLAIB. Mr. President, I object to the devoted to celebrating the rule of law, must be a discussion of the decision by certificate from the State of Georgia on the protecting our Constitution, and hon- political leadership regarding force grounds that the electoral vote was not—— oring the men and women of law en- posture and security in advance of the Vice President BIDEN. There is no debate. forcement. event. There is no debate. As many will recall, last summer the Mr. GRIJALVA. I object to the certifi- Contrast the President’s repeated cation from the State of North Carolina. combinations of violence with the rhet- White House was faced with violent ri- Ms. JACKSON LEE. I object to the 15 votes oric from his opponents. oters night after night. They repeat- from the State of North Carolina. (Text of Video presentation.) edly attacked Secret Service officers Mr. MCGOVERN. I object to the certificate President TRUMP. I am your President of and at one point pierced a security from the State of Alabama. The electors law and order and an ally of all peaceful pro- wall, culminating in the clearing of La- were not lawfully certified. testers. fayette Square. Vice President BIDEN. Is it signed by a Vice President BIDEN. The vast majority Since that time, there has been a sus- Senator? of the protests have been peaceful. Mr. RASKIN. Not as of yet, Mr. President. tained negative narrative in the media President TRUMP. Republicans stand for Vice President BIDEN. In that case, the regarding the necessity of those secu- law and order, and we stand for justice. objection cannot be entertained. rity measures on that night, even Ms. PELOSI. I just don’t even know why The objection cannot be entertained. there aren’t uprisings all over the country. though they certainly prevented many Debate is not in order. calamities from occurring. Ms. LEE of California. Even with the—— Maybe there will be. Vice President BIDEN. There is no debate President TRUMP. My administration will In the wake of the Capitol attack, it in order. always stand against violence, mayhem, and must be investigated whether the prop- Ms. LEE of California. Even with the—— disorder. er force posture was not initiated due Mr. BIDEN. There is no debate. Ms. PRESSLEY. There needs to be unrest to the political pressure stemming Ms. LEE of California. 87 voting machines in the streets for as long as there is unrest in from the events at Lafayette Square. are—— our lives. Consider this: On January 5, the Mayor President TRUMP. I stand with the heroes Vice President BIDEN. There is no debate of the District of Columbia explicitly in order. Is it signed by a Senator? of law enforcement. There is no debate. Ms. WATERS. And you push back on them, discouraged the National Guard and There is no debate. There is no debate by and you tell them they are not welcome any- Federal authorities from doing more to the joint session. more anywhere. protect the Capitol, saying:

VerDate Sep 11 2014 04:47 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.001 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S669 [T]he District of Columbia is not request- they’re not gonna stop after Election Day. interested to hear. I will return with ing other federal law enforcement personnel [T]hey’re not going to let up—and they an analysis of why the First Amend- and discourages any additional deployment should not. ment must be properly applied here, ... Such rhetoric continued even as hun- and then Mr. CASTOR will discuss the This sham impeachment also poses a dreds of police officers across the Na- law as it applies to the speech of Janu- serious threat to freedom of speech for tion were subjected to violent assaults ary 6. And then we will be pleased to political leaders of both parties at at the hands of angry mobs. A man answer your questions. every level of government. The Senate claiming to be inspired by the junior Thank you. should be extremely careful about the Senator from Vermont came down here Mr. Counsel SCHOEN. Mr. President. precedent this case will set. to Washington, DC, to watch a softball The PRESIDENT pro tempore. Mr. Consider the language that the House game and kill as many Senators and Schoen. Impeachment Article alleges to con- Congressmen as he could. It cannot be Mr. Counsel SCHOEN. Leaders, Sen- stitute incitement: forgotten that President Trump did not ators, throughout the course of today, If you don’t fight like hell, you’re not blame the junior Senator. my colleagues and I will explain in going to have a country anymore. The senior Senator from Maine has some detail the simple fact that Presi- This is ordinary political rhetoric had her house surrounded by angry dent Trump did not incite the horrific, that is virtually indistinguishable from mobs of protesters. When that hap- terrible riots of January 6. We will the language that has been used by pened, it unnerved her. One of the demonstrate that, to the contrary, the people across the political spectrum for House managers—I forget which one— violence and the looting goes against hundreds of years. Countless politi- tweeted ‘‘cry me a river.’’ the law-and-order message he conveyed cians have spoken of fighting for our Under the standards of the House Im- to every citizen of the United States principles. Joe Biden’s campaign slo- peachment Article, each of these indi- throughout his Presidency, including gan was ‘‘Battle for the Soul’’ of Amer- viduals should be retroactively on January 6. ica. censored, expelled, punished, or im- First, though, we would like to dis- No human being seriously believes peached for inciting violence by their cuss the hatred, the vitriol, the polit- that the use of such metaphorical ter- supporters. ical opportunism that has brought us minology is incitement to political vio- Unlike the left, President Trump has here today. The hatred that the House lence. While the President did not en- been entirely consistent in his opposi- managers and others on the left have gage in any language of incitement, tion to mob violence. He opposes it in for President Trump has driven them there are numerous officials in Wash- all forms, in all places, just as he has to skip the basic elements of due proc- ington who have indeed used pro- been consistent that the National ess and fairness and to rush an im- peachment through the House, claim- foundly reckless, dangerous, and in- Guard should be deployed to protect ing ‘‘urgency.’’ flammatory rhetoric in recent years. American communities wherever pro- The entire Democratic Party and na- But the House waited to deliver the tection is needed. Article to the Senate for almost 2 tional news media spent the last 4 For Democrats, they have clearly weeks, only after Democrats had se- years repeating, without any evidence, demonstrated that their opposition to that the 2016 election had been hacked cured control over the Senate. In fact, mobs and their view of using the Na- contrary to their claim that the only and falsely and absurdly claimed the tional Guard depends upon the mob’s reason they held it was because Sen- President of the United States was a political views. Not only is this im- ator MCCONNELL wouldn’t accept the Russian spy. Speaker PELOSI herself peachment case preposterously wrong Article, Representative CLYBURN made said that the 2016 election was hijacked on the facts, no matter how much heat clear that they had considered holding and that Congress has a duty to protect and emotion is injected by the political the Article for over 100 days to provide our democracy. She also called the opposition, but it is also plainly uncon- President Biden with a clear pathway President an imposter and a traitor stitutional. to implement his agenda. and recently referred to her colleagues In effect, Congress would be claiming Our Constitution and any basic sense in the House as ‘‘the enemy within.’’ the right to disqualify a private cit- of fairness require that every legal Moreover, many Democrat politi- izen, no longer a government official, process with significant consequences cians endorsed and encouraged the from running for public office. This for a person’s life, including impeach- riots that destroyed vast swaths of would transform the solemn impeach- ment, requires due process under the American cities last summer. When ment process into a mechanism for as- law, which includes factfinding and the violent, leftwing anarchists conducted serting congressional control over establishment of a legitimate evi- a sustained assault on a Federal court- which private citizens are and are not dentiary record with an appropriate house in Portland, OR, Speaker PELOSI allowed to run for President. In short, foundation. did not call it insurrection; instead, this unprecedented effort is not about Even last year’s impeachment fol- she called the Federal law enforcement Democrats opposing political violence; lowed committee hearings and months officers protecting the building ‘‘storm it is about Democrats trying to dis- of examination and investigation by troopers.’’ qualify their political opposition. It is the House. Here, President Trump and When violent mobs destroyed public constitutional cancel culture. his counsel were given no opportunity property, she said: ‘‘People will do History will record this shameful ef- to review evidence or question its pro- what they do.’’ The attorney general of fort as a deliberate attempt by the priety. The rush to judgment for a snap the State of Massachusetts stated: Democratic Party to smear, censor, impeachment in this case was just one Yes, America is burning, but that’s how and cancel not just President Trump example of the denial of due process. forests grow. but the 75 million Americans who Another, perhaps even more vitally sig- Representative AYANNA PRESSLEY de- voted for him. Now is not the time for nificant, example was the denial of any clared: such a campaign of retribution; it is opportunity ever to test the integrity There needs to be unrest in the streets for the time for unity and healing and fo- of the evidence offered against Donald as long as there’s unrest in our lives. cusing on the interests of the Nation as J. Trump in a proceeding seeking to The current Vice President of the a whole. bar him from ever holding public office United States, KAMALA HARRIS, urged We should all be seeking to cool tem- again and that seeks to disenfranchise supporters to donate to a fund that peratures, calm passions, rise above some 75 million voters—American vot- bailed violent rioters and arsonists out partisan lines. The Senate should re- ers. of jail. One of those was released and ject this divisive and unconstitutional On Wednesday of this week, countless went out and committed another effort and allow the Nation to move news outlets repeated the Democrat crime, assault. He beat the bejesus out forward. talking point about the power of never- of somebody. She said, of the violent Over the course of the next 3 hours or before-seen footage. Let me ask you demonstrations: so, you will hear next from Mr. Schoen, this: Why was this footage never seen Everyone beware . . . they’re not gonna who is going to talk about due process before? Shouldn’t the subject of an im- stop before Election Day in November, and and a couple of other points you will be peachment trial—this impeachment

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.003 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S670 CONGRESSIONAL RECORD — SENATE February 12, 2021 trial—President Trump, have the right Mr. Manager CICILLINE. According to re- image on the Senate floor. So you to see the so-called new evidence ports. never saw it when it was presented to Mr. Manager NEGUSE. Reported. against him? Mr. Manager LIEU. Reportedly. you. More importantly, the riot and the But that is not all. They didn’t fix As any trial lawyer will tell you, ‘‘re- attack on this very building was a this one. Look at the blue checkmark portedly’’ is a euphemism for ‘‘I have major event that shocked and impacted next to the Twitter username of the ac- no real evidence.’’ ‘‘Reportedly’’ is not all Americans. Shouldn’t the American count retweeted by the President. It the standard in any American setting people have seen this footage as soon indicates that this is a verified ac- in which any semblance of due process count, given the blue check by Twitter as it was available? For what possible is afforded an accused. ‘‘Reportedly’’ to indicate it is run by a public figure. reason did the House managers with- isn’t even ‘‘here is some circumstantial The problem? The user’s real account hold it from the American people and evidence.’’ It is exactly as reliable as ‘‘I is not verified and has no blue check- President Trump’s lawyers? For polit- googled this for you.’’ ical gain? And if you are worried you might mark, as you can see. Were you trying How did they get it? How are they ever be tried based on this type of evi- to make her account seem more sig- the ones releasing it? It is evidence in dence, don’t be. You get more due proc- nificant or were you just sloppy? If we had due process of law in this hundreds of pending criminal cases ess than this when you fight a parking case, we would know the truth. But against the rioters. Why was it not re- ticket. leased through law enforcement or the One reason due process is so impor- that is not all that is wrong with this Department of Justice? Is it the result tant with respect to evidence offered one tweet. House Manager Swalwell of a rushed, snap impeachment for po- against an accused is that it requires showed you this tweet this week, and litical gain without due process? an opportunity to test the integrity, he emphasized that this tweet reflected House Manager RASKIN told us all the credibility, the reliability of the a call to arms. He told you repeatedly yesterday that your job as jurors in evidence. Here, of course, former Presi- that this was a promise to call in the this case is a fact-intensive job, but, of dent Trump was completely denied any cavalry for January 6. He expressly led course, as several of the House man- such opportunity. And it turns out you to believe that President Trump’s agers have told you, we still don’t have there is significant reason to doubt the supporter believed that the President the facts. evidence the House managers have put wanted armed supporters at the Janu- Speaker PELOSI herself, on February before us. ary 6 speech—paramilitary groups, the 2, called for a 9/11-style Commission to Let me say this clearly. We have rea- cavalry—ready for physical combat. investigate the events of January 6. son to believe the House managers ma- The problem is, the actual text is ex- Speaker PELOSI says that the Commis- nipulated evidence and selectively edit- actly the opposite. The tweeter prom- sion is needed to determine the causes ed footage. If they did and this were a ised to bring the calvary—a public dis- of the events. She says it herself. If an court of law, they would face sanctions play of Christ’s crucifixion, a central inquiry of that magnitude is needed to from the judge. symbol of her Christian faith with her determine the causes of the riot—and I don’t raise this issue lightly. Rath- to the President’s speech—a symbol of it may very well be—then how can er, it is a product of what we have faith, love, and peace. these same Democrats have the cer- found in just the limited time we have They just never want to seem to read tainty needed to bring Articles of Im- had since we first saw the evidence the text and believe what the text peachment and blame the riots on here with you this week. means. You will see this was reported President Trump? They don’t. We have reason to believe that the in the media last evening also. The House managers, facing a signifi- House managers created false represen- Words matter, they told you. But cant lack of evidence, turned often to tations of tweets, and the lack of due they selectively edited the President’s press reports and rumors during these process means there was no oppor- words over and over again. They ma- proceedings, claims that would never tunity to review or verify the accu- nipulated video, time-shifting clips, meet the evidentiary standards of any racy. and made it appear the President’s court. In fact, they even relied on the Consider these facts. The House man- words were playing to a crowd when words of Andrew Feinberg, a reporter agers, proud of their work on this snap they weren’t. Let’s take a look. (Text of video presentations.) who recently worked for Sputnik, the impeachment, staged numerous photo Russian propaganda outlet. You saw it shoots of their preparations. In one of President TRUMP. After this, we’re going to walk down—and I will be there with you— those, Manager RASKIN is seen here at posted. By the way, the report they we’re going to walk down. We are going to cited was completely refuted. his desk, reviewing two tweets side by walk down to the Capitol. The frequency with which House side. The image on his screen claims to And we’re going to walk down to the Cap- managers relied on unproven media re- show that President Trump had itol, and we’re going cheer on our brave Sen- ports shocked me as I sat in this Cham- retweeted one of those tweets. ators and Congress men and women, and ber and listened to this. (Video presentation.) we’re probably not going to be cheering so (Text of video presentations.) Now, Members of the Senate, let’s much for some of them because you will look closely at the screen because, ob- never take back our country with weakness. Mr. Manager CASTRO of Texas. And there You have to show strength, and you have to is a lot that we don’t know yet about what viously, Manager RASKIN considered it important enough that he invited the be strong. We have come to demand that happened that day. Congress do the right thing and only count Mr. Manager RASKIN. According to those New York Times to watch him watch- the electors who have been lawfully slated— around him at the time, reportedly re- ing it. lawfully slated. sponded. What is wrong with this image? Ac- I know that everyone here will soon be Unidentified Speaker. Trump reportedly. tually, there are three things very marching over to the Capitol Building to Mr. Manager NEGUSE. Reports across all wrong with it. Look at the date on the peacefully and patriotically make your major media outlets. very bottom of the screen on Manager voices heard. Unidentified Speaker. Major news net- works, including FOX News reported. RASKIN’s computer screen when we ‘‘And we are going to walk down to Mr. Manager NEGUSE. Reported. zoom into the picture. The date that the Capitol.’’ They showed you that Mr. Manager LIEU. Reportedly summoned. appears is January 3, 2020, not 2021. part. Why are we walking to the Cap- Ms. Manager PLASKETT. Reportedly. Why is that date wrong? Because this itol? Well, they cut that off: to ‘‘cheer Mr. Manager CASTRO of Texas. Report- is not a real screenshot that he is on’’ some Members of Congress, and edly not accidental. working with. This is a recreation of a not others, ‘‘peacefully and patrioti- According to reports. tweet. And you got the date wrong cally.’’ Unidentified Speaker. President Trump when you manufactured this graphic. The Supreme Court ruled in Branden- was reportedly. burg that there is a very clear standard Mr. Manager CASTRO of Texas. Who re- You did not disclose that this is a man- portedly spoke to the guard. ufactured graphic and not a real for incitement—in short, to para- Mr. Manager CICILLINE. It was widely re- screenshot of a tweet. phrase, whether the speech was in- ported. To be fair, the House managers tended to provoke imminent lawless Mr. Manager RASKIN. Media reports. caught this error before showing the action and was likely to do so.

VerDate Sep 11 2014 04:47 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.004 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S671 ‘‘Go to the Capitol, and cheer on group there were some bad ones. The fol- Ms. WATERS. I continue to say: Impeach some Members of Congress but not oth- lowing day, it looked like they had some him. Impeach 45. ers’’—they know it doesn’t meet the rough, bad people—neo-Nazis, White nation- (People chanting: ‘‘Impeach 45.’’) alists—whatever you want to call them. But Impeach 45. standard for incitement, so they edited you had a lot of people in that group that Mr. COHEN. So we’re calling upon the it down. were there to innocently protest and very le- House to begin impeachment hearings imme- We heard a lot this week about ‘‘fight gally protest because, you know—I don’t diately. like hell,’’ but they cut off the video know if you know, they had a permit. The Mr. JONES. On the impeachment of Don- before they showed you the President’s other group didn’t have a permit. ald Trump, will you vote yes or no? optimistic, patriotic words that fol- So I only tell you this: There are two sides Ms. OMAR. I would vote yes. to a story. I thought what took place was a Ms. OCASIO-CORTEZ. I would vote—I lowed immediately after. horrible moment for our country, a horrible (Text of video presentations.) would vote to impeach. moment. But there are two sides to the Ms. TLAIB. Because we’re going to go in President TRUMP. We fight like hell. And country. there and impeach the mother [bleep]. if you don’t fight like hell, you’re not going Does anybody have a final—does anybody Mr. SHERMAN. But the fact is, I intro- to have a country anymore. have a—you have an infrastructure— duced Articles of Impeachment in July of Our exciting adventures and boldest en- This might be, today, the first time 2017. deavors have not yet begun. My fellow Amer- the news networks played those full re- Mr. GREEN of Texas. If we don’t impeach icans, for our movement, for our children, marks in their context. And how many this President, he will get reelected. and for our beloved country—and I say this times have you heard that President Mr. COHEN. My oath requires me to be for despite all that has happened—the best is yet impeachment. to come. Trump has never denounced White su- Have an impeachment hearing. He needs a There is that famous quote, like one premacists? Now you and America scarlet ‘‘I’’ on his chest. know the truth. of the House managers said: A lie will Mr. BOOKER. The Representatives need to Here is another example. One of the travel halfway around the world before begin impeachment proceedings against this House managers made much of the President. the truth has a chance to put its shoes President’s supposedly ominous words Ms. WARREN. It is time to bring impeach- on. of ‘‘you have to get your people to ment charges against him. Well, this lie traveled around the fight.’’ But you knew what the Presi- Bring impeachment charges. world a few times and made its way dent really meant. He meant that the Mr. NADLER. My personal view is that he into the Biden campaign talking points richly deserves impeachment. crowd should demand action from Unidentified Speaker. I’m here at an im- and ended up on the Senate floor: the Members of Congress and support pri- Charlottesville lie, ‘‘very fine people on peachment rally, and we are ready to im- mary challenges to those who don’t do peach the. . . . both sides,’’ except that isn’t all he what he considered to be right. Support Ms. PELOSI. We can impeach him every said. And they knew it then, and they primary challenges, not violent action. day of the week for anything he’s done. know it now. I know what he meant because I Mr. Counsel SCHOEN. That same ha- Watch this. watched the full video, and so did the tred and anger has led House managers (Text of video presentations.) House managers. But they manipulated to ignore their own words and actions President TRUMP. But you also had people his words. You will see where they and set a dangerous double standard. that were very fine people—on both sides. stopped it and to give it a very dif- You had people in that group—excuse me, ex- The House managers spoke about cuse me. I saw the same pictures as you did. ferent meaning from the meaning it rhetoric, about a constant drumbeat of You had people in that group that were there has in full context. Let’s watch. heated language. Well, as I am sure ev- to protest the taking down of, to them, a (Text of video presentations.) eryone watching expected, we need to very, very important statue and the renam- Mr. Manager NEGUSE. ‘‘You have to get show you some of their own words. ing of a park from Robert E. Lee to another your people to fight.’’ He told them. (Text of video presentations.) President TRUMP. You have to get your name. Ms. PELOSI. I just don’t even know why Unidentified Speaker. George Washington people to fight. And if they don’t fight, we there aren’t uprisings all over the country. and Robert E. Lee are not the same. have to primary the hell out of the ones that Maybe there will be. President TRUMP. George Washington was don’t fight. You primary them. We are going Ms. PRESSLEY. There needs to be unrest a slave owner. Was George Washington a to. We are going to let you know who they in streets for as long as there is unrest in our slave owner? So will George Washington now are. I can already tell you, frankly. lives. lose his status? Are we going to take down— The ‘‘people’’ who need to fight are Ms. PELOSI. You’ve got to be ready to excuse me. Are we going to take down—are Members of Congress. Why do we have throw a punch. we going to take down statues to George to skip the necessary due diligence and We have to be ready to throw a punch. Washington? How about Thomas Jefferson? due process of law and any—that any Mr. TESTER. Donald Trump, I think you What do you think of Thomas Jefferson? Do legal proceeding should have? It need to go back and punch him in the face. you like him? Are we going to take down the Ms. Wallace. I thought he should have statue? Because he was a major slave owner. couldn’t have been the urgency to get President Trump out of office. House punched him in the face. Now are we going to take down his statue? Mr. BOOKER. I feel like punching him. So you know what? It is fine. You’re Democrats held the Articles until he Vice President BIDEN. I would like to take changing history. You’re changing culture. was no longer President, mooting their him behind the gym if I were in high school. And you had people—and I am not talking case. If I were in high school, I would take him about the neo-Nazis and the White national- Hatred, animosity, division, political behind the gym and beat the hell out of him. ists because they should be condemned to- gain—and let’s face it, for House Demo- You know, I wish we were in high school. tally. But you had many people in that group crats, President Trump is the best I could take him behind the gym. other than neo-Nazis and White nationalists, enemy to attack. Ms. WATERS. I will go and take Trump OK? And the press has treated them abso- (Text of video presentations.) out tonight. lutely unfairly. Ms. WARREN. Take him out now. Now, in the other group also, you had some Mr. RASKIN. I want to say this for Donald Mr. Depp. When was the last time an actor Trump, who I may very well be voting to im- fine people, but you also had troublemakers, assassinated a President? and you see them come with the black out- peach. Mr. Wilson. They are still going to have to Mr. ELLISON. Donald Trump has already fits and with the helmets and with the base- go out and put a bullet in Donald Trump. done a number of things which legitimately ball bats. You got—you had a lot of bad—you Mr. Cuomo. Show me where it says a pro- had a lot of bad people in the other group raise the question of impeachment. Ms. WATERS. I don’t respect this Presi- test is supposed to be polite and peaceful. too. dent, and I will fight every day until he is Ms. WATERS. You push back on them, and Unidentified Speaker. Who was treated un- impeached. you tell them they’re not welcome anymore, fairly, sir? I’m sorry. I just couldn’t under- Mr. CASTRO of Texas. That is grounds to anywhere. stand what you were saying. You were say- start impeachment proceedings. Madonna. I have thought an awful lot ing the press treated White nationalists un- Those are grounds to start impeachment. about blowing up the White House. fairly? I want to understand what you’re say- Those are grounds to start impeachment Mr. BOOKER. Please get up in the face of ing. proceedings. some Congresspeople. President TRUMP. No. No, there were peo- Yes, I think that’s grounds to start im- Ms. PELOSI. People will do what they do. ple in that rally—and I looked the night be- peachment proceedings. Mr. SCHUMER. I want to tell you, fore. If you look, there were people pro- Mr. GREEN of Texas. I rise today, Mr. Gorsuch, I want to tell you Kavanaugh: You testing, very quietly, the taking down of the Speaker, to call for the impeachment of the have released the whirlwind, and you will statue of Robert E. Lee. I am sure in that President of the United States of America. pay the price.

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.006 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S672 CONGRESSIONAL RECORD — SENATE February 12, 2021 Ms. TLAIB. We’re going to go in there and Ms. ROSEN. And I’ll have lots of fights Mr. BOOKER. Fighting and pushing around we’re going to [bleep]. ahead of us, and I’m ready to stand up and the clock. Ms. PRESSLEY. This is just a warning to keep fighting. Fighting and continue to be brave and you Trumpers: Be careful. Walk lightly. And We’re going to fight. keep strong and keep fighting. We’re getting for those of you who are soldiers, make them We’re going to fight. people engaged in the fight. We’re fighting. pay. And we need to fight. We’ve got to keep fighting and keep focused. Ms. DeGeneres. If you had to be stuck in an Fight. Ms. KLOBUCHAR. Fight. This is going to elevator with either President Trump, Mike We need to fight. be a fight. Pence, or Jeff Sessions, who would it be? We got a few more fights. I’m going to take Mr. CASTRO. We will fight him and chal- Ms. HARRIS. Does one of us have to come the privilege of a few more fights. lenge him every way we can, in the Congress, out alive? And we have the biggest fight of all. I will in the courts, and in the streets. And there is more. never stop fighting. I will fight like hell to Ms. HARRIS. To continue fighting, we fight back against anyone. (Text of video presentations.) each have an important role to play in fight- Mrs. SHAHEEN. We need to say loud and ing in this fight like so many before it. It Mr. McDonough. I promise to fight every clear that we are ready to fight. has been a fight. The American people are single day. Mr. DURBIN. It’s a bare knuckles fight. going to have to fight. One, I’m a fighter and I’m relentless. Mr. WYDEN. Now they’re going to actually And about the importance of fighting. I But I’m a fighter and I’m relentless. have to fight back against people. will always fight. A fighter and I’m relentless. Mr. SCHATZ. The fight has to be con- Fighting. I will fight like hell. ducted. But we always must fight. Ms. WARREN. The way I see it now is that Ms. CANTWELL. It is so important that Joe Biden has a deep, deep seeded commit- we pick ourselves up and we fight back; that we need to fight. ment to fight. is what it is all about. We stand up and we Ms. MURRAY. Fight that fight. And to fight. fight back. We do not back down, we do not Mr. KING. We have been fighting. And about the importance of fighting. compromise, not today, not tomorrow, not Mr. COONS. I was fighting very hard. We always must fight. ever. You can lie down, you can whimper, Mr. VAN HOLLEN. Time is of the essence To fight. you can pull up in a ball, you can decide to both in terms of the fight. To fight. move to Canada, or you can stand your Mr. BENNET. I think we should be fight- And to fight. ground and fight back, and that is what it is ing. As our willingness to fight. about. We do fight back, but we are going to Mr. MERKLEY. I really believe we need to Continue the fight. fight. fight back. We are not turning this country As Joe Biden says, to fight. Mr. HEINRICH. We’re simply not going to over to what Donald Trump has sold. We are Fighting. take this lying down. We’re going to keep just not. Look, people are upset, and they’re What we are fighting for. fighting. right to be upset. We will tell them about what we did to Mr. KAINE. So I’m telling all of my col- Now, we can whimper, we can whine, or we fight. leagues, this is the fight of our life. can fight back. We’re up here to fight back. About a fight. Ms. BALDWIN. Whose side are you on? Me, I’m here to fight back. I’m here to fight Truly I do believe that we’re in a fight. Who are you fighting for? back because we will not forget. We do not I believe we’re in a fight. Mr. HICKENLOOPER. They’re fighting or want to forget. We will use that vision to I believe we’re in a fight. I’m fighting. We’re all fighting. We are both make sure that we fight harder, we fight I believe we’re in a fight. fighting. tougher, and we fight more passionately So there’s a fight in front of us. A fight for Ms. HIRONO. We will fight back. We’re not more than ever. all of these things. And so we’re prepared to going to take this lying down. We still have a fight on our hands. Fight fight for that. hard for the changes Americans are demand- Mr. MURPHY. I’m just going to keep the fight up. We know how to fight. ing. Get in the fight. Our ongoing fight. To winning the fight. Ms. GILLIBRAND. What we have to do right now is fight as hard as we can. A fight. Fight. We know how to fight. We like a good Fighting. Ms. STABENOW. We have to rise up and fight. We were born out of a fight. This is Fighting. fight back. what is our fight right now. We’ll use every tool possible to fight for Mr. BLUMENTHAL. I am going to be fight- Mr. RASKIN. There’s the fight. this change. We’ll fight. We’ll fight. ing—fight like hell. There’re the fight. Fight. Mr. SCHUMER. Keep fighting, fighting, Fighting hard. fighting. There’s the fight. Serious about fighting. And we kept fighting and we did, so we’re And then there’s the fight to defend. And fight. going to keep fighting. Back in the fight. We’ve got to (inaudible) and fight back. Mr. PETERS. We have to be fighting every Ms. PELOSI. Our mission is to fight. That Problems—we call them out and we fight single day. is the guiding purpose of House Democrats. back. Mr. WHITEHOUSE. We have to fight back, Fighting. I’m in this fight. and we have no choice but to do that. I think He has never forgotten who he is fighting I am fighting. we’re doing the right thing to do that. for. I am fighting. Mr. LUJA´ N. Fighting. March and fought. Get in this fight. Get in this fight. Get in Mr. MANCHIN. And I’m fighting. And we just have to fight. this fight. Mr. SANDERS. Our job right now is to But this is a fight for our country. And fighting. fight. Mr. SCHUMER. Fighting the health crisis We all need to be in the fight. We all need Ms. HASSAN. It is really important, I’m of COVID. to stay in the fight. We stay in this fight. going to keep fighting. Vice President BIDEN. I led the fight. We fought back. We fought back. I am not Mr. OSSOFF. I’m asking for the support of And continue to fight. afraid of a fight. I am in this fight all the the people across the country to fight back. Never, never, give up this fight. I am a cit- way. You don’t get what you don’t fight for. Mr. PADILLA. And you’ve got to be fierce izen fighting for it. Our fight. in fighting. It means not only fighting. Our fight. Mr. WARNOCK. Fighting. A leader who fought for progressive We are in this fight for our lives. This is Ms. SMITH. Proud to have been fighting. change. the fight of our lives. Mr. LEAHY. I told President Biden I will As a lawyer who fought for people his Mr. WARNER. But we are going to make fight like mad. whole life. sure this fight doesn’t end tonight. Ms. CORTEZ MASTO. I will tell you what. As well as other fights he’s in. I’m proud to Mr. MENENDEZ. This is a fight for our Now more than ever, we have to fight like have Tim in this fight with me. lives, the lives of our friends and family hell. And above all, it is time for America to get members and neighbors. It is a fight. Mr. MARKEY. We have these battles on back up and once again fight. Fight. the floor of the Senate. I’m going to go down Mr. Buttigieg. We will fight when we must And it is a fight that we’re going to work and battle. I’m going to be down there on the fight. to make sure continues. floor fighting. Mr. CASTRO of Texas. What kind of Amer- It is a fight. Mr. SCHUMER. We Democrats are fighting ica are we fighting for? It is a fight. as hard as we can. We’ve been fighting. It is a fight. Democrats are fighting as hard as we can. We need to fight. And that is what this fight is for. Credit it any way, but we’re fighting back. But we also need to fight. Mr. TESTER. Well, I’m wired to fight any- Mr. KAINE. And what we’ve got to do is Fight for America. one who isn’t doing their job for us. I’m JON fight in Congress, fight in the courts, fight in Mrs. CLINTON. I am going to wake up TESTER, and you’re damn right I approve the streets, fight online, fight at the ballot every day and fight hard. this message. box. I have been fighting

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.008 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S673 We’re going to fight. (Text of video presentations.) Vice President BIDEN. There is no debate. We’re going to fight. Ms. HARRIS. This is a movement. I’m tell- There is no debate. We’re going to fight. ing you, they’re not going to stop. And ev- Mr. GRIJALVA. I object to the certificate We’re going to fight. eryone beware because they’re not going to from the State of North Carolina based on And I will fight. stop. They’re not going to stop before elec- violation of the—— Mr. BUTTIGIEG. We’re in the fight of our tion day in November, and they’re not going Vice President BIDEN. There is no debate. lives right now. to stop after. There is no debate in the joint session. Mr. O’ROURKE. We fight like hell. Mr. Cuomo. Please, show me where it says Ms. LEE. I object because people are horri- Mr. WYDEN. To fight. a protest is supposed to be polite and peace- fied by the overwhelming evidence—— Ms. ROSEN. To fight. Vice President BIDEN. Section 18, title 3 of ful. Mr. CICILLINE. Fight against the Trump Ms. PELOSI. I just don’t even know why the United States Code prohibits debate. administration. Ms. JACKSON LEE. I object. there aren’t uprisings all over the country. Democrats are standing up to fight. Maybe there will be. (Text of video presentation of 1–6– We’re in this fight in a serious way. Unidentified Speaker. It was a violent 2005.) Mr. LIEU. To fight. night in St. Louis. They shot and killed Ms. DEGETTE. We’re eager to take on this Ms. TUBBS JONES. I object to the count- David in cold blood. fight. ing of the electoral votes of the State of Ms. Hannah-Jones. Destroying property, Get in this fight. Ohio. which can be replaced, is not violence. Mrs. GILLIBRAND. I have taken on the Unidentified Speaker. This is an apartment (Text of video presentations of 1–6– fights. complex on fire. It just collapsed. 2017.) Mr. NEGUSE. As representatives for the Unidentified Speaker. The building just Mr. MCGOVERN. I object to the certificate people and legislators here in the Halls of collapsed. from the State of Alabama. The electors Congress, our job is to fight. Unidentified Speaker. I don’t know where were not lawfully certified. Ms. PLASKETT. Who has led us in this to go now. These people did this for no rea- Ms. JACKSON LEE. I object to the 15 votes fight. son. from the State of North Carolina because of Mr. SWALWELL. To fight for this. Unidentified Speaker. This is just a snap- the massive voter suppression and the clos- This fight. shot of some of the damage people will be ing of voting booths in early voting—— Mr. WARNOCK. Every day I am in the waking up to. Vice President BIDEN. There is no debate. United States Senate, I will fight. Mr. SCHUMER. I am proud of New York, There is no debate. Mr. BROWN. One of the things we do is and I am proud of the protests. Ms. JACKSON LEE. 16 to 1—— fight—should fight. Unidentified Speaker. There is damage ev- Vice President BIDEN. There is no debate. Ms. OCASIO-CORTEZ. Because my con- erywhere you look. Honestly, it looks like a Ms. JACKSON LEE. And the massive vot- stituents send me here each and every day to war zone. ing suppression that occurred—— fight. Ms. PELOSI. Heartwarming to see so many Vice President BIDEN. The gentlewoman Ms. Abrams. We have been fighting this people turn out peacefully. will suspend. fight. Mr. SCHUMER. They keep doing it day And we need to be side by side to succeed. (Text of video presentations of 1–5– after day after day. So I hope that you will all join us in our 2001.) In fact, our country is a nation of protests. fight. The patriots were protesters. Mr. FILNER. I have an objection to the And if we fight. Unidentified Speaker. St. John’s Church is electoral votes. And as the next Governor of Georgia, I will on fire. Ms. WATERS. The objection is in writing, never stop fighting. We can show the old Unidentified Speaker. Can you disavow and I don’t care that it is not signed by a guard something new, and we can fight. that was antifa? Member of the Senate. Ms. DEAN. My fight. Mr. NADLER. That is a myth. (Text of video presentations of 1–6– Those fights. Unidentified Speaker. I hope someone 2017.) And to fight. burns down your whole precinct with all To fight an administration. Ms. WATERS. I do not wish to debate. I y’all inside. wish to ask: Is there one United States Sen- Ms. HARRIS. Requiring us to fight and Mr. Velshi. It is not, generally speaking, fight we will. ator who will join me in this letter of objec- unruly. tion? Their fight. Ms. WATERS. You push back on them, and In their fight. Vice President BIDEN. There is no debate. you tell them they’re not welcome anymore, Ms. JAYAPAL. The objection is signed by In their fight. anywhere. The fight is a fight. And so when we fight a Member of the House but not yet by a Ms. HARRIS. They are not going to let up, Member of the Senate. the fight that we are in. and they should not. When we are fighting this fight. Vice President BIDEN. Well, it is over. We fight this fight. Mr. Counsel SCHOEN. You claim (Laughter.) The strength of who we are is we will fight. that it is wrong to object to the certifi- Mr. Counsel SCHOEN. And when the And we will fight. cation of election results. You, along House managers realized that the We will fight the fight. with your allies in the media, at- President’s actual words could not We are in a fight. tempted to cancel and censor Members have incited the riot, as you alleged in The fight. of this Chamber who voiced concerns your Article of Impeachment, you at- Fight. and objected to certification. Fight. tempted to pivot. You said that raising It is a fight. Manager RASKIN, you had been in the issue of election security and cast- It is a fight. Congress only 3 days when you ob- ing doubt on the propriety of our elec- And it is a fight born out of patriotism. jected in 2017. It is one of the first tions was dangerous. This is a fight. things you did when you got here. One of the House managers, Mr. Fighting. (Text of video presentations of 1–6– CICILLINE, told you that this is not I say fight on. 2017.) about the words Mr. Trump used in iso- Fight on. Mr. RASKIN. I have an objection because Fight on. lation. Rather, it is about the big lie, 10 of the 29 electoral votes cast by Florida Fight on. the claim that the election was stolen. were cast by electors not lawfully certified. Ms. WARREN. I am here to say one more The House managers told you that it is Vice President BIDEN. Is the objection in time in public, this is not a fight I wanted to the big lie that incited the riot and writing and signed not only by a Member of take on, but this is the fight in front of us the House of Representatives but also by a that the big lie was President Trump’s now. Senator? claim that the election was not a fair Every single one of you and every Mr. RASKIN. It is in writing, Mr. Presi- election or that the election was sto- one of you—that is OK. You didn’t do dent. len. anything wrong. It is a word people Vice President BIDEN. Is it signed by a Claiming an election was stolen, you use. But please stop the hypocrisy. Senator? were told, are words that are inciteful Did you tone down the rhetoric last Mr. RASKIN. Not as of yet, Mr. President. to a candidate’s followers and cause summer when all of this was hap- Vice President BIDEN. In that case, an ob- people to respond violently. Claiming jection cannot be entertained. pening? Did you condemn the rioters, Ms. JAYAPAL. Mr. President, I object to an election was stolen or not legiti- or did you stand with NANCY PELOSI, the certificate from the State of Georgia on mate is something that a candidate who said: People are going to do what the grounds that the electoral vote does should never do because he or she they are going to do. not—— knows or should know that such a

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.010 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S674 CONGRESSIONAL RECORD — SENATE February 12, 2021 claim and such words can actually in- Mr. SANDERS. I agree with tens of mil- the answers to both of these questions cite violent insurrection, you were lions of Americans who are very worried that must be a resounding yes. told. when they cast a ballot on an electronic vot- The Constitution and the First Well, it seems that the House man- ing machine that there is no paper trail to Amendment must certainly apply to record that vote. agers’ position must actually be a bit Ms. PELOSI. But constantly shifting vote these impeachment proceedings, and narrower than that. The House man- tallies in Ohio and malfunctioning electronic Mr. Trump’s speech deserves full pro- agers’ position really is that, when Re- machines which may not have paper receipts tection under the First Amendment, publican candidates for office claim an have led to an additional loss of confidence but before getting into the legal anal- election is stolen or that the winner is by the public. This is their only opportunity ysis, some preliminary observations illegitimate, it constitutes inciting an to have this debate while the country is lis- about the House managers’ case should insurrection and the candidate should tening, and it is appropriate to do so. be made. know it, but Democratic Party can- Mr. Counsel SCHOEN. House Man- First, this case, unfortunately, is didates for public elective office are ager CASTRO no longer has to try to about political hatred. It has become perfectly entitled to claim the election imagine it thanks to the distinguished very clear that the House Democrats was stolen or that the winner is illegit- Senator and others. It didn’t have to be hate Donald Trump. This type of polit- imate or to make any other outrageous this way. The Democrats promised ical hatred has no place in our political claim they can. unity. They promised to deliver the institutions and certainly no place in It is their absolute right to do so, and very COVID relief, in the form of $2,000 the law. This hatred has led the House it is their absolute right to do so irre- stimulus checks, that President Trump managers to manipulate and selec- spective of whether there is any evi- called for. They should have listened to tively edit Mr. Trump’s speech to make dence to support the claim. Democratic their own words of the past. I leave you it falsely appear that he sought to in- candidates can claim that an election with the wise words of Congressman cite the crowd to violently attack the was stolen because of Russian collusion JERRY NADLER. Capitol. He didn’t, and we will show or without any explanation at all, and (Text of video presentation of 12–11– you why. that is perfectly OK and is in no way 1998.) The hatred has also led the House incitement to an insurrection, and Mr. NADLER. The effect of impeachment managers to make some astounding somehow, when Democratic candidates is to overturn the popular will of the voters. legal arguments. They astoundingly publicly decry an election as stolen or We must not overturn an election and re- urge you to disregard your oath by ig- move a President from office except to de- noring the First Amendment of the illegitimate, it is never a big lie. You fend our system of government or our con- have been doing it for years. stitutional liberties against the dire threat, Constitution. They also ignore land- (Text of video presentation of 2–10– and we must not do so without an over- mark binding United States Supreme 2021.) whelming consensus of the American people. Court cases, precedents—Wood and Mr. Manager CASTRO of Texas. But can There must never be a narrowly voted im- Bond—both of which unequivocally you imagine telling your supporters that the peachment or an impeachment supported by hold that elected officials have core only way you can possibly lose is if an Amer- one of our major political parties and op- First Amendment rights to engage in ican election was rigged and stolen from posed by the other. Such an impeachment the exact type of political speech you? And ask yourself whether you have ever will produce the divisiveness and bitterness which Mr. Trump engaged in. I was in our politics for years to come and will call seen anyone at any level of government shocked the House managers not only make the same claim about their own elec- into question the very legitimacy of our po- tion. litical institutions. spent a mere three pages on the First Amendment analysis in their trial (Text of video presentation of 11–14– The American people have heard the alle- gations against the President, and they over- memo but that, yesterday, they spent a 2018.) whelmingly oppose impeaching him. They mere 10 minutes, at the end of their Mr. BROWN. If Stacey Abrams doesn’t win elected President Clinton. They still support case, as a throwaway. What we have in Georgia, they stole it. It’s clear. It’s clear. him. We have no right to overturn the con- read and what we have heard is devoid And I say that publicly. It’s clear. sidered judgment of the American people. of any constitutional analysis, far less (Text of video presentation of 5–4– Mr. Speaker, the case against the Presi- than what I would expect from a first- 2019.) dent has not been made. There is far from sufficient evidence to support the allega- year law student. They left out land- Ms. CLINTON. You can run the best cam- tions, and the allegations, even if proven mark cases—total intellectual dishon- paign—you can even become the nominee— true, do not rise to the level of impeachable and you can have the election stolen from esty. offenses. you. And, finally, hatred is at the heart of Mr. Speaker, this is clearly a partisan rail- (Text of video presentation of 9–29– the House managers’ frivolous attempt road job. The same people who today tell us to blame Donald Trump for the crimi- 2019.) we must impeach the President for lying nal acts of the rioters based on double Ms. CLINTON. He knows he’s an illegit- under oath almost to a person voted last imate President. He knows. He knows that year to re-elect a Speaker who had just ad- hearsay statements of fringe rightwing there were a bunch of different reasons why mitted lying to Congress in an official pro- groups based on no real evidence other the election turned out the way it did. ceeding. than rank speculation. The American people are watching, and Hatred is a dangerous thing. We all (Text of video presentation of 11–6– they will not forget. You may have the 2018.) have to work to overcome it. Hatred votes, you may have the muscle, but you do should have no place in this Chamber, Ms. Abrams. Votes remain to be counted. not have the legitimacy of a national con- in these proceedings. There are voices that are waiting to be sensus or of a constitutional imperative. heard. This partisan coup d’etat will go down in in- The second observation. The Senate is presented with an ex- (Text of video presentation of 11–16– famy in the history of this Nation. traordinary task of sitting in judgment 2018.) Thank you, Mr. Speaker. I yield back the balance of my time. of a former President’s words in a Ms. Abrams. And I will not concede. Mr. Counsel SCHOEN. Thank you. speech that he gave at a political (Text of video presentation of 11–18– Mr. VAN DER VEEN. Good afternoon event. The House managers accused 2018.) again, Senators, Mr. President. Mr. Trump of using his words to incite Mr. Tapper. I respect the issues that you’re There are two fundamental questions the horrific events at the Capitol on raising, but you’re not answering the ques- for purposes of this free speech anal- January 6, but yesterday, they gave tion. Do you think it was—— Ms. Abrams. I am. ysis. First, does the First Amendment you a new and novel standard of incite- Mr. Tapper. You’re not using the word ‘‘le- to the Constitution apply in this ment, with an element of gitimate.’’ Chamber to these impeachment pro- foreseeability, a negligence concept. (Text of video presentations of 1–6– ceedings? Second, if it does, do the They cite zero case law. They made it 2005.) words spoken by Mr. Trump at the El- up. This task of applying a completely Ms. PELOSI. There are still legitimate lipse on January 6 meet the definition made-up legal standard of incitement concerns over the integrity of our elections of ‘‘constitutional incitement’’ so as to to an impeachment proceeding is truly and of ensuring the principle of one person, void the protections afforded by the an unprecedented task for the Senate, one vote. First Amendment? I will explain why and that is something the Senate must

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.011 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S675 seriously consider when deciding the Madonna. I have thought an awful lot process that would make the President issue. about blowing up the White House. ‘‘the mere creature of the Legislature,’’ Do you want to create a precedent Mr. BOOKER. Please, get up in the face of a quote directly from the Framers where the Senate will be tasked with some Congresspeople. while debating the impeachment proc- Ms. PELOSI. People will do what they do. sitting in judgment as to the meaning Mr. SCHUMER. I want to tell you, ess on the floor of the Constitutional and implied intent of a President’s Gorsuch, I want to tell you, Kavanaugh: You Convention of 1787. The Framers were words or words of any elected official? have released the whirlwind, and you will fearful that any impeachment process Will that allow and maybe encourage pay the price. that gave Congress full discretion on a majority party to weaponize the awe- Ms. TLAIB. We are going to go in there, we the standard for impeachment would some power of impeachment against are going to impeach the [bleep]. constitute nothing less than a viola- the minority to suppress a point of Ms. Johnson. This is just a warning to you tion—‘‘a violation of the fundamental view? Trumpers: Be careful. Walk lightly. And for principle of good Government.’’ Will the Senate then have to deal those of you who are soldiers, make them pay. One Founding Father, James Wilson, with constant Articles of Impeachment Ms. DeGeneres. If you had to be stuck in an wrote extensively on the impeachment by a majority party accusing minority elevator with either President Trump, MIKE process. Mr. Wilson was a renowned Presidents or other elected officials of PENCE, or Jeff Sessions, who would it be? legal scholar at the time, a law pro- so-called inciteful or false speeches? Ms. HARRIS. Does one of us have to come fessor at the University of Pennsyl- You can see where this would lead. out alive? vania in Philadelphia. He was a major Sadly, we have all seen the political Mr. Counsel VAN DER VEEN. Again, force in drafting and adopting the Con- rhetoric get ratcheted up over the last I did not show you their robust speech stitution in 1787. He served as one of few years. We have all been witnesses to excuse or balance out the speech of the first Supreme—one of the first six to many incendiary words by our offi- my client, for I need not. I showed you Supreme Court Justices from 1789 to cials at political events, broadcast over the video because in this political 1798. He was appointed by President the media and internet. In each of forum, all robust speech should be pro- George Washington. In fact, Wilson those instances, will there now be Sen- tected, and it should be protected even- taught the first course on the new Con- ate impeachment hearings? ly for all of us. stitution to President Washington and One last observation. As a brief aside, we should all reflect his Cabinet—the first in the Nation’s We agree with the House managers: and acknowledge the rhetoric has got- history—in Philadelphia at the Univer- Context does, indeed, matter. ten to be too much and over the top. It sity of Pennsylvania in 1789. The inflammatory rhetoric from our is grating on the collective well-being Wilson, in his law lectures, the first elected officials must be considered as of the body public, the citizens. Most of their kind under the Constitution, part of the larger context of Mr. would like it to stop. But the point is, plainly states that the Senate may not Trump’s speech at the Ellipse on Janu- when you see speech such as this, you ignore the Constitution in impeach- ary 6. have to apply the First Amendment ment proceedings. He states that law- The inflammatory language from evenly, blindly. She is blind, Lady Jus- ful and constitutional conduct may not both sides of the aisle has been alarm- tice. be used as an impeachable offense. Let ing, frankly, but this political dis- Question No. 1: Does the First me say that again. He states that law- course must be considered as part of Amendment apply to this Chamber in ful and constitutional conduct may not these proceedings to contextualize Mr. these proceedings? be used as an impeachable offense. Trump’s words. The House managers’ position, as Read along with me: We have some video to play that stated in their trial brief, is ‘‘The First highlights some of what I am talking The doctrine of impeachments is of high Amendment does not apply at all to an import in the constitutions of free states. On about. I preface this video by noting I impeachment proceeding.’’ That is one hand, the most powerful magistrates am not showing you this video as some their position. This is plainly wrong. should be amenable to the law: on the other excuse for Mr. Trump’s speech. This is The text of the First Amendment ex- hand, elevated characters should not be sac- not about—this is not whataboutism. I pressly restricts Congress from regu- rificed merely on account of their elevation. am showing you this to make the point No one should be secure while he violates the lating speech. constitution and the laws: everyone should that all political speech must be pro- It says: tected. be secure while he observes them. (Text of video presentations.) Congress shall make no law respecting an To be clear, James Wilson is saying establishment of religion, or prohibiting the Ms. PELOSI. I just don’t even know why free exercise thereof; or abridging the free- that the Constitution does indeed there aren’t uprisings all over the country. dom of speech, or of the press; or the right of apply when judging whether to convict Maybe there will be. the people peaceably to assemble, and to pe- an official by impeachment. If the com- Ms. PRESSLEY. There needs to be unrest tition the Government for a redress of griev- plained-of conduct is constitutional, it on the streets for as long as there is unrest ances. cannot be impeachable. Are we to ig- in our lives. Ms. PELOSI. We gotta be ready to throw a To ignore the Constitution would be nore the words and teachings of James punch. contrary to the oath of office of a Wilson? The House managers surely You have to be ready to throw a punch. United States Senator: want you to. Mr. TESTER. Donald Trump, I think you I do solemnly swear (or affirm) that I will The House managers have made sev- need to go back and punch him in the face. support and defend the Constitution of the eral references to this letter signed by Ms. Wallace. I thought he should have United States against all enemies, foreign 140 partisan ‘‘law professors’’ calling punched him in the face. and domestic; that I will bear true faith and Mr. BOOKER. I feel like punching him. Mr. Trump’s First Amendment defense Vice President BIDEN. I’d like to take him allegiance to the same— ‘‘legally frivolous.’’ This is really an behind the gym, if I were in high school. Well, you all know the rest. outrageous attempt to intimidate Mr. If we were in high school, I’d take him be- No, the Senate cannot ignore the Trump’s lawyers. hind the gym and beat the hell out of him. First Amendment. The Constitution Whenever a lawyer advances a truly You know, I wish we were in high school. itself limits the ability of the House to ‘‘frivolous’’ argument, they may vio- I could take him behind the gym. late professional, ethical rules and Ms. WATERS. I will go and take Trump impeach to limited items, such as out tonight. ‘‘high crimes and misdemeanors.’’ could be subject to discipline. Ms. WARREN. Take him out now. The position advanced by the House This letter is a direct threat to my Mr. Depp. When was the last time an actor managers is essentially an unlimited law license, my career, and my family’s assassinated a President? impeachment standard without con- financial well-being. These ‘‘law profes- Mr. Wilson. They’re still going to have to stitutional guardrails, unmoored to sors’’ should be ashamed of themselves, go out and put a bullet in Donald Trump. any specific legal test other than the and so should the House managers. Mr. Cuomo. Show me where it says that protest is supposed to be polite and peaceful. unbridled discretion of Congress. How dare you? Do you really hate Ms. WATERS. And you push back on them, This is distinctly not the intent of Donald Trump so much that you are and you tell them they are not welcome any- the Framers. The Framers were aware willing to destroy good, hard-working more, anywhere. of the danger of any impeachment people’s lives, people that are only

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.012 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S676 CONGRESSIONAL RECORD — SENATE February 12, 2021 doing their jobs, and, frankly, as coun- given by the House managers. These elected official for protected political sel for an accused fulfilling a constitu- sideways analogies are wrong. Mr. speech. Bond is particularly instructive tional role? It is astounding, really. I Trump was an elected official, and here, too. In Bond, the Supreme Court am a citizen, not a politician. there is an entire body of law, Supreme squarely addressed a question of an I know these First Amendment argu- Court landmark cases, supporting the elected official’s punishment by a leg- ments are not anywhere close to frivo- conclusion that Mr. Trump actually islature for statements alleged to have lous. They are completely meritorious. has enhanced free speech rights be- incited public violation of law—the Interestingly, the law professors’ let- cause he is an elected official. These burning of draft cards. The Court un- ter was issued on February 5—3 days cases are ignored by the House man- equivocally rejected the idea—ad- before we even filed our legal brief in agers and the law professors, and that, vanced here by the House managers— this matter—and they ignored land- too, is total intellectual dishonesty. that an elected official is entitled to no mark, bedrock Supreme Court cases di- The Supreme Court has long held protection under the First Amend- rectly addressing this issue. that the First Amendment’s right to ment. The Supreme Court held that the In our brief, we have a direct quote freedom of speech protects elected offi- Georgia House of Representatives was from James Wilson, the Founding Fa- cials. in fact forbidden by the First Amend- ther, supporting our position. The di- Two important, on-point decisions ment from punishing Bond, by not rect quote was documented in the from the Supreme Court—Wood v. seating him, for advocating against the Founding Father’s original legal papers Georgia and Bond v. Floyd—expressly policy of the United States. on the subject. He was the primary contradict the House managers’ posi- There are three fundamental hold- draftsman of the Constitution who tion. The House managers do not even ings in Bond. taught the new Constitution to Presi- cite those cases in their brief. They No. 1: barely acknowledge them in their dent Washington. He says so long as The manifest function of the First Amend- acts of elected officials like Mr. Trump reply, and they were mum on them yes- ment in a representative government re- are constitutionally protected, he terday. quires that legislators be given the widest should not be impeached. In Wood v. Georgia, the Supreme latitude to express their views on issues of We have landmark U.S. Supreme Court addressed the case involving a policy. Court decisions—Wood and Bonds, sitting sheriff whose reelection was No. 2: which I will explain in detail—sup- being investigated by a grand jury impaneled by a judge based on allega- Just as erroneous statements must be pro- porting our position. tected to give freedom of expression the All of this the House managers and tions of irregular ‘‘Negro bloc voting.’’ breathing space it needs to survive, so state- the partisan law professors completely It was in the sixties. ments criticizing public policy and the im- The sheriff spoke publicly in mul- and misleadingly ignore. plementation of it must be similarly pro- Frivolous? Hardly. The letter is a tiple press releases calling the grand tected. bully tactic, and I think evidence is the jury investigations ‘‘racist,’’ ‘‘illegit- Third holding: imate,’’ and an attempt to ‘‘intimi- House managers know they have a Legislators have an obligation to take po- date’’ voters. He even urged the grand problem with the First Amendment de- sitions on controversial political questions jurors on how to decide the issues and fense on the merits, so they are resort- so that their constituents can be fully in- ‘‘not let its high office be a party to ing to such tactics. formed by them, and be better able to assess The House managers’ suggestion that any political attempt to intimidate’’ their qualifications— the First Amendment does not apply to voters. The sheriff viewed the grand Please, read along with me— this impeachment process is com- jury’s challenging the legitimacy of his their qualifications for office; also so they pletely untenable. election. may be represented in governmental debates The sheriff even sent a letter to the Ignoring the First Amendment would by the person they have elected to represent grand jurors with these allegations, conflict with the Senators’ oath of of- them. which is an extraordinary step since fice. It would also conflict with well- Mr. Trump enjoys this same First laws in most States, including Georgia, settled Supreme Court precedent and Amendment protection from Congress. prohibit attempts to influence or in- ignore the intent of the Framers of the The First Amendment’s protections timidate jurors. The sheriff was Constitution, such as James Wilson. guarantee free speech addressing the charged and convicted of contempt of Above all else, ignoring the Constitu- electoral integrity issues essential to court and obstruction of the grand tion would adopt the new Raskin his career that Mr. Trump has consist- jury. But the Supreme Court, in a deci- ‘‘commonsense’’ doctrine we heard yes- ently advocated. sion written by Justice Brennan, re- terday, eroding hundreds of years of The House managers argue that ‘‘the versed. The Court held that the First First Amendment protections. First Amendment’’—and I quote— We are here under the Constitution. Amendment protected an elected pub- ‘‘does not shield public officials who It is illogical what the House managers lic official’s speech because the voting occupy sensitive policymaking posi- said. The Constitution does apply to controversy directly affected the sher- tions from adverse actions when their this constitutional impeachment proc- iff’s political career: speech undermines important ess. It is double talk. Nonsense. Illogi- The petitioner was an elected official and government[al] interests.’’ That is flat had the— cal. wrong. They are in essence attempting If the House managers had their way, Read with me, please, everybody. to treat Mr. Trump as their employee. they would ignore all of the Constitu- The petitioner was an elected official and This is not the law under Wood and tion. Does that include the Sixth had the right to enter the field of political Bond. Mr. Trump was elected by the controversy, particularly where his political Amendment? The right to counsel? life was at stake. The role that elected offi- people. He is an elected official. The They would have Mr. Trump sitting cials play in our society makes it all the Supreme Court says elected officials here without lawyers. And who would more imperative that they be allowed freely must have the right to freely engage in be next? It could be anyone—one of you to express themselves on matters of current public speech. or one of you. public importance. Indeed, the Supreme Court expressly You must reject this invitation to ig- Wood thus stands for the proposition rejected the House managers’ argu- nore the First Amendment. It is anti- that a difference of political opinion, ment in Wood v. Georgia, holding that American and would set dangerous expressed in speech on an issue of vot- the sheriff was ‘‘not a civil servant,’’ precedent forever. ing irregularity, cannot be punishable but an elected official who had ‘‘core’’ The law has developed over the years where all that was done was to encour- First Amendment rights which could to clearly establish elected officials age investigation and peaceful political not be restricted. That is Wood v. Geor- have the right to engage in protected speech—just like Mr. Trump has done gia, page 395, footnote 21. speech. Mr. Trump is not just a guy on here. The legal scholars call that di- The House managers do not mention the street or a guy at a bar or a fire rectly on point. Wood or Bond in the trial brief or any- chief or a police officer—there were a A second case, Bond v. Floyd in- where else. Why? Why not? Because it few of them in there—all analogies volved a State legislature punishing an does not fit their narrative or their

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.017 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S677 story. They want to punish Mr. Trump Two: How do you say I want to get rid of America for engaging in constitutionally pro- the speaker intends that his speech will re- First? Even if you’re going to do it, don’t tected free speech and they do not sult in use of violence or lawless action, talk about it, right? Unbelievable what we want you to consider the issue. But you and— have to go through. What we have to go through. must. Three— And you have to get your people to fight. Question 2: Does Mr. Trump’s speech the imminent use of violence or lawless ac- And if they don’t fight, we have to primary deserve protection under the First tion is the likely result of the speech. the hell out of the ones that don’t fight. You Amendment? The House managers cannot get past primary them. We’re going to. We’re going to There is no doubt Mr. Trump engaged let you know who they are. I can already tell in constitutionally protected political the first prong of the Brandenburg test. you, frankly. speech that the House has, improperly, They have not and cannot prove Mr. Republicans are constantly fighting like a characterized as ‘‘incitement of insur- Trump explicitly or implicitly encour- boxer with his hands tied behind his back. rection.’’ The fatal flaw of the House’s aged use of violence or lawless action— It’s like a boxer. And we want to be so nice. We want to be so respectful of everybody, in- arguments is that it seeks to mete out period. Brandenburg requires a close exam- cluding bad people. And we’re going to have governmental punishment—impeach- to fight much harder. ment—based on First Amendment po- ination of the words themselves. The And Mike Pence is going to have to come litical speech. words are either important or they are through for us, and if he doesn’t, that will be Speech for political purposes is the not. The House managers admitted a, a sad day for our country, because you’re kind of activity to which the First that the incitement issue is not about sworn to uphold our Constitution. Amendment offers its strongest protec- the words. Why not? Because on the And the accountability says if we see face of it, Mr. Trump’s words are no somebody in there that doesn’t treat our tion. These are bedrock principles rec- vets well or they steal, they rob, they do ognized by our Supreme Court for dec- different than the figurative speech used by every one of the Senators as- things badly, we say: Joe you’re fired. Get ades. The Court has stated in no uncer- out of here. tain terms the importance of these sembled here today. If it is not about Before you couldn’t do that. You couldn’t principles to our democratic principles: the words but about the ‘‘Big Lie’’ of a do that before. The general proposition that freedom of ‘‘stolen election’’ then why isn’t House So we’ve taken care of things. We’ve done expression upon public questions is secured Manager RASKIN guilty, since he tried things like nobody’s ever thought possible. by the First Amendment has long been set- to overturn the 2016 election? The more And that’s part of the reason that many peo- tled by our decisions. The constitutional the House managers speak, the more ple don’t like us, because we’ve done too much. But we’ve done it quickly. safeguard, we have said, ‘‘was fashioned to hypocrisy gets revealed—hypocrisy. assure unfettered interchange of ideas for And we were going to sit home and watch Even though they say it is not about a big victory, and everybody had us down for the bringing about of political and social the words, the law under Brandenburg changes desired by the people.’’ a victory. It was going to be great and now requires a close analysis of the words we’re out here fighting. I said to somebody, New York Times v. Sullivan. to determine incitement. So we need to I was going to take a few days and relax Our First Amendment decisions have cre- look at those words. after our big electoral victory. 10 o’clock it ated a rough hierarchy in the constitutional was over. protection of speech. Core political speech Mr. Trump did the opposite of advo- The American people do not believe the occupies the highest, most protected posi- cating for lawless action—the opposite. corrupt, fake news anymore. They have ru- tion. . . . He expressly advocated for peaceful ac- ined their reputation. But you know, it used Even political speech that may incite tion at the Save America rally. He ex- to be that they’d argue with me. I’d fight. So unlawful conduct is protected from the plicitly stated—these are the words: I’d fight, they’d fight, I’d fight, they’d fight. reach of government punishment. The I know that everyone here will soon be Pop pop. You’d believe me, you’d believe Court has said: marching over to the Capitol building to them. Somebody comes out. You know, they had their point of view; I had my point of Every idea is an incitement, and if speech peacefully and patriotically make your voices heard. view. But you’d have an argument. may be suppressed whenever it might inspire Now what they do is they go silent. It’s someone to act unlawfully, then there is no ‘‘To peacefully and patriotically called suppression, and that’s what happens limit to the State’s censorial power. make your voices heard’’—that is how in a Communist country. That’s what they The government may not prohibit this President has spoken for years do. They suppress. You don’t fight with them speech because it increases the chances when he condemns violence, lawless- anymore unless it’s a bad story. They have a of an unlawful act will be committed ness, and rioters. little bad story about me. They make it 10 ‘‘at some indefinite time’’ in the fu- The House managers have played ma- times worse, and it’s a major headline. ture. The House managers showed you But Hunter Biden, they don’t talk about nipulated, selectively edited parts of him. What happened to Hunter? Where’s a series of tweets going all the way Mr. Trump’s speech. They focus heav- Hunter? back to 2015 in an effort to prove ‘‘in- ily on the word ‘‘fight.’’ The President With your help over the last four years, we citement.’’ All of that evidence is to- used the word ‘‘fight’’ 20 times in his built the greatest political movement in the tally irrelevant under the constitu- speech. They picked only two. Why? history of our country and nobody even chal- tional definition of incitement. Why not the other 18? Because they lenges that. I say that over and over, and I never get Brandenburg v. Ohio is really the don’t tell the story in the way they landmark case on the issue of incite- challenged by the fakeness, and they chal- want to tell it. lenge almost everything we say. ment speeches. The applicable case was Here are all of them. Listen to the But our fight against the big donors, big mentioned yesterday. In the Branden- context. media, big tech, and others is just getting burg v. Ohio case, another landmark, (Text of video presentation of 1–6– started. This is the greatest in history. the Court held the government may 2021.) There’s never been a movement like that. only—the government may only—sup- Our brightest days are before us. Our President TRUMP. And, Rudy, you did a greatest achievements, still away. press speech for advocating the use of great job. He’s got guts. You know what? force or a violation of law if ‘‘such ad- I think one of our great achievements will He’s got guts unlike a lot of people in the be election security. Because nobody until I vocacy is directed to inciting or pro- Republican Party. He’s got guts. He fights. came along had any idea how corrupt our ducing imminent lawless action and is He fights. I’ll tell you. elections were. likely to incite or produce such ac- Thank you very much, John. Fantastic job. And again, most people would stand there tion.’’ I watched. That is a tough act to follow, at 9 o’clock in the evening and say I want to The Brandenburg holding has been those two. thank you very much, and they go off to interpreted as having three basic There’s so many weak Republicans. And we some other life. But I said something’s prongs to determine if speech meets have great ones. JIM JORDAN and some of wrong here, something is really wrong, can these guys—they’re out there fighting. The the definition of ‘‘incitement.’’ have happened. House guys are fighting. But it’s—it’s incred- And we fight. We fight like hell. And if you The Brandenburg test precludes speech ible. don’t fight like hell, you’re not going to have from being sanctioned as incitement to a Many of the Republicans, I helped them a country anymore. riot unless— get in. I helped them get elected. Our exciting adventures and boldest en- This is one— Did you see the other day where Joe Biden deavors have not yet begun. My fellow Amer- the speech explicitly or implicitly encour- said: I want to get rid of the America First icans, for our movement, for our children, aged use of violence or lawless action, policy? What’s that all about? Get rid of. and for our beloved country.

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.018 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S678 CONGRESSIONAL RECORD — SENATE February 12, 2021 And I say this despite all that’s happened. And then there’s the fight to defend. the strategy and the order in which we The best is yet to come. Ms. DEGETTE. We’re eager to take on this will present our evidence. ‘‘A boxer fighting with his hand tied fight. You have heard from Mr. van der behind his back’’? ‘‘Members of Con- Ms. HARRIS. The American people are Veen and Mr. Schoen on the impor- going to have to fight. gress fighting’’? ‘‘Rudy being Rudy.’’ Ms. WARREN. Get in this fight. tance of the First Amendment and the These are the metaphorical, rhetorical Ms. DEGETTE. Get in this fight. importance of due process of law, and uses of the word ‘‘fight.’’ We all know Mr. BOOKER. Around the clock fighting. because I had the opportunity to set that, right? We’ve got to keep fighting and keep fo- out the schedule, I decided that I would Suddenly, the word ‘‘fight’’ is off lim- cused. take the last substantive part of the its. Spare us the hypocrisy and false in- Mr. Buttigieg. We will fight when we must case for myself. You can take that two fight. ways. The first, perhaps, is the best, dignation. It is a term used over and Mr. CASTRO of Texas. We’ve been fighting. over and over again by politicians on But we need to fight. and that would be that it is almost both sides of the aisle. And, of course, But we also need to fight. over. The second is that perhaps you the Democrat House Managers know Vice President BIDEN. Always going to be have to wait another hour for it to be that the word ‘‘fight’’ has been used an uphill fight. over. figuratively in political speech forever. Ms. KLOBUCHAR. This is going to be a The reason why I chose this section— But don’t take it from me. It is best to fight. and believe me, it was a very difficult Ms. HARRIS. We always must fight. decision to make because I thought listen to them. Mr. Buttigieg. We’re in the fight of our (Text of video presentations.) lives. that the other arguments presented by Ms. HARRIS. Our mission is to fight. Mr. CICILLINE. We’re going to be in for Mr. Schoen and Mr. van der Veen were Our job is to fight. the fight of our lives. outstandingly researched, thoroughly We are in a fight. Mr. KAINE. This is the fight of our lives. vetted, and wonderfully and We are in a fight. Vice President BIDEN. Fight of their lives. articulately presented by them. But We are in a fight. Ms. WARREN. We are in this fight for our the critical issue in this case is the Mr. SCHUMER. Democrats are fighting as lives. very narrow issue that is charged hard as we can. Ms. HARRIS. We cannot ever give up fight- Mr. CICILLINE. Democrats are standing ing. against the 45th President, and that up to fight. issue is, did the 45th President engage Hypocrisy. The reality is, Mr. Trump in incitement of—they continue to say Ms. HARRIS. We know how to fight. was not in any way, shape, or form in- We like a good fight. ‘‘insurrection’’? Clearly, there was no Mr. SCHUMER. Democrats are going to structing these people to fight or to insurrection. fight like hell. use physical violence. What he was in- ‘‘Insurrection’’ is a term of art de- Mr. O’ROURKE. We fight like hell. structing them to do was to challenge fined in the law, and it involves taking Mr. SWALWELL. We’re going to fight like their opponents in primary elections, over a country, a shadow government, hell. to push for sweeping election reforms, Mr. McDonough. I will fight like hell. taking the TV stations over, and hav- to hold Big Tech responsible—all cus- ing some plan on what you are going to Mr. BLUMENTHAL. We’re going to fight tomary and legal ways to petition your like hell. do when you finally take power. Clear- I’m going to fight like hell. government for redress of grievances, ly, this is not that. What our col- Fight like hell. which, of course, is also protected con- leagues here across the aisle meant is Ms. ROSEN. I will fight like hell. stitutional speech. incitement to violence, to riot. So the Ms. CORTEZ MASTO. We have to fight But the House Managers don’t want word ‘‘incitement’’ is the critical case like hell. you to focus on those things because, and the critical issue in the case. Mr. SANDERS. I know many of the Sen- again, it does not fit their story. In the ators and Members of the House will fight Now, the first time that you heard end, I leave you with this quote from from us, I told you that you would like hell. Benjamin Franklin: Mr. Perez. We’re going to fight like hell. never hear from our side that what Ms. KLOBUCHAR. We’re going to fight Freedom of speech is a principal pillar of a happened on January 6 was anything like hell. free government; when this support is taken other than horrific and that the 45th Vice President BIDEN. Fight like hell. away, the constitution of a free society is President of the United States and his Ms. PELOSI. And we just have to fight. dissolved, and tyranny is erected on its ruins. lawyers and his entire team adamantly Mrs. CLINTON. We’re going to fight. denounce that violence by those crimi- We are going to fight. Thank you. We’re going to fight. nals that occurred in this very Cham- RECESS We’re going to fight. ber, this very building. Mr. LIEU. Because we will have to fight. Mr. SCHUMER. Mr. President, I ask There was a reason why we started Ms. ROSEN. To fight. unanimous consent that the Senate re- our presentation back on Tuesday in Mr. SANDERS. Political revolution. cess for a 15-minute break. that way, because I did not want the That means that millions— There being no objection, at 1:53 Senators to consider that there was Millions. p.m., the Senate, sitting as a Court of any challenge to that particular fact. Millions. Impeachment, recessed until 2:34 p.m.; Yet the House managers, knowing it Have got to stand up— whereupon the Senate reassembled was not contested at all, chose to spend And fight. when called to order by the President And fight. 14-plus hours showing you pictures of And fight. pro tempore. how horrific the attack on the United Stand up and fight back. COUNSELS’ PRESENTATION—CONTINUED States Capitol was. They spent no time Mr. WYDEN. Fight. The PRESIDENT pro tempore. Who at all in connecting legally the attack Vice President BIDEN. Continue to fight. seeks recognition? on the Capitol to the 45th President of Once again, fight. Mr. Counsel CASTOR. I do, Mr. Presi- the United States, which is the only Mr. RASKIN. Back the fight. dent. question that needs to be answered, is, Mr. SCHUMER. We are fighting back. The PRESIDENT pro tempore. Mr. Ms. DEAN. My fight. To fight an adminis- Was Donald Trump responsible for in- tration. Castor is recognized. citing the violence that came to this Ms. WARREN. You don’t get what you Mr. Counsel CASTOR. Mr. President, building on January 6? don’t fight for. Members of the Senate, good after- Now, by any measure, President Mr. CASTRO of Texas. We will also fight noon. Trump is the most pro-police, anti-mob him and challenge him in every way that we It has been my great privilege over rule President this country has ever can. the past couple of weeks to lead this seen. His real supporters know this. He Mr. KAINE. Fight him in Congress, fight outstanding team of lawyers and dedi- made it clear throughout his Presi- him in the courts, fight him in the streets. cated professionals in the defense of dency. He made it clear during the vio- Mr. CASTRO of Texas. In the Congress, in the courts, and in the streets. the 45th President of the United lence this past summer. He made it Mr. RASKIN. There’s the fight. States. One of the most difficult things clear on January 6. But politics There’s the fight. in leading such a talented group is de- changes things. Politics has created There’s the fight. ciding who is responsible for what and and interposed an element that should

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.020 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S679 not be here. It has interposed the ele- his plain words that day, as Mr. van der lence was preplanned, as confirmed by ment of hatred. And the political world Veen elucidated on a few moments ago. the FBI, Department of Justice, and changes when hatred becomes part of We know the President could not have even the House managers—not the re- the dynamic. incited the riots because of the sult of the speech at all. As we wrote in our answer to the timeline of the events of that day. Several of my colleagues of the original charging document—and I We heard a great deal from the House House managers got up and spoke hope that this is a phrase that lives on managers about their prosecutorial about the proceeding in the House long after we are all departed and I bona fides and their ability to analyze being like a grand jury proceeding. hope someday this becomes the mantra evidence, apply it to statutes, use Well, I have been in grand jury pro- by which all of us operate who work for timelines, and figure out what hap- ceedings. I have run grand juries. In the benefit of the public—that political pened based on circumstantial evidence grand jury proceedings, you call wit- hatred has no place in the American and direct evidence and testimony and nesses; you hear evidence; you make justice system and most certainly no forensic analysis. I can’t recall any of transcripts; you take affidavits; you place in the Congress of the United the House managers who got up that develop physical evidence; you hear re- States. didn’t make some reference to prosecu- ports from police officers; you hear fo- To illustrate the contrast that I am torial bona fides. Well, I spent more rensic analysis from scientists; in fact, speaking of, we have a video. than three decades locking up killers. you invite the target of the grand jury (Text of video presentations.) And I do know a little bit about apply- to come in and testify if he or she President TRUMP. I am your President of ing facts to the law. pleases to be heard by the grand jury. law and order and an ally of all peaceful pro- We know that the President would Which one of those things happened testers. never have wanted such a riot to occur in the House prior to the Impeachment Vice President BIDEN. The vast majority because his longstanding hatred for Article? I don’t believe any of them of the protests have been peaceful. violent protesters and his love for law happened. So the suggestion that what President TRUMP. Republicans stand for and order is on display, worn on his happened in the House was anything at law and order, and we stand for justice. sleeve every single day that he served all like a grand jury investigating a Ms. PELOSI. I just don’t even know why there aren’t uprisings all over the country, in the White House. But if we are going case and referring it for prosecution is and maybe there will be. to apply the facts to the statute, it has complete nonsense. And if the House President TRUMP. My administration will to be done systematically. It has to be managers are trying to fool you about always stand against violence, mayhem, and done with precision, the way a court that, you must ask yourself: What else disorder. would expect us to do that. are they trying to fool you about? Ms. PRESSLEY. There needs to be unrest Let’s look at the letter of the law. Let’s look more closely at the Presi- in the streets for as long as there is unrest in Again, Mr. van der Veen gave you an dent’s speech. We have mentioned this our lives. overview of the Brandenburg case and lie before, but it is so critical, we need President TRUMP. I stand with the heroes some of the related cases. You notice to talk about it again. The President of law enforcement. Ms. WATERS. (Inaudible.) that when Mr. Van der Veen listed the asked that the attendees at his rally You tell them that they are not welcome elements that he took verbatim or peacefully make their voices heard. anymore, anywhere. close to verbatim right out of Branden- (Text of video presentation.) President TRUMP. We will never defund burg, they bore no reference whatso- President TRUMP. I know that everyone our police. Together, we will ensure that ever to the elements that flashed up by here will soon be marching over to the Cap- America is a nation of law and order. the Democratic managers the other itol Building to peacefully and patriotically Vice President BIDEN. If I were in high day repeatedly. He actually used the make your voices heard. school, I would take him behind the gym and Supreme Court’s case. He didn’t make The managers would have you believe beat the hell out of him. it up. that the President’s supporters usually Mr. TESTER. I think you need to go back follow his every word but, in this case, and punch him in the face. Let’s look at the letter of the law. Mr. BOOKER. I feel like punching him. The Supreme Court of the United imputing some imaginary meaning to President TRUMP. We just want law and States, over 50 years ago, laid out a them while ignoring his most clear in- order. Everybody wants that. clear test to determine whether speech structions. President Trump said Mr. SCHUMER. I want to tell you, is incitement. Under that test, the ‘‘peacefully and patriotically make Gorsuch, I want to tell you, Kavanaugh: You Brandenburg v. Ohio test, there are your voices heard.’’ And the House have released the whirlwind, and you will three elements that must be proven be- managers took from that ‘‘go down to pay the price. yond a reasonable doubt, by a prepon- the Capitol and riot.’’ So you are sup- President TRUMP. If we want law and posed to put yourselves in the heads of order, we have to have law and order. derance of the evidence—whatever the Mr. Cuomo. Show me where it says that Senate considers—I suggest beyond a the people who hear ‘‘peacefully and protesters are supposed to be polite and reasonable doubt. patriotically make your voices heard’’ peaceful. First, the speech in question must and conclude that those words do not President TRUMP. We believe in safe explicitly or implicitly encourage the mean what the President said. streets, secure communities, and we believe use of violence or lawless action. But More than that, the President criti- in law and order. here the President’s speech called for cized the destruction wrought by left- Is there truly anyone in this Cham- peaceful protests. wing anarchists and rioters. He told his ber who disagrees with the words as Second, the speaker must intend that supporters that they build; they don’t spoken by President Trump on that his speech will result in the use of vio- destroy. video? Surely not. Surely not. lence or lawless action. And, again, as (Text of video presentation.) This contrast and in this context, I Mr. van der Veen pointed out, the President TRUMP. If this happened to the ask you to keep that in mind. My col- President clearly deplores rioters and Democrats, there’d be hell all over the coun- leagues here—actually, my colleague political violence and did so through- try going on. There’d be hell all over the country. But just remember this: You’re here, Mr. RASKIN, hopes that you don’t. out his term as President and never stronger. You’re smarter. You’ve got more They have used selective editing and hesitated to express his admiration for going than anybody. And they try and de- manipulated visuals to paint a picture the men and women that protect this mean everybody having to do with us. And far different from this truth. country. you’re the real people. You’re the people Make no mistake, and I will repeat it Finally, the third element under the that built this Nation. You’re not the people now and anytime I am ever asked, Jan- Brandenburg test is the imminent use that tore down our Nation. uary 6 was a terrible day for our coun- of violence—imminent use of vio- Is it possible, listening to those try. The attack on this building lence—in other words, right then. The words in the proper cadence without shocked us all. President Trump did imminent use of violence or lawless ac- them being edited or the sound not incite or cause the horrific vio- tion must be the likely result of the changed so that they are indistinguish- lence that occurred on January 6, 2021. speech—the likely result of the speech. able or sounds as though the crowd is They know that. We know the Presi- Well, that argument is completely right there, but listening to it here as dent did not incite the riot because of eviscerated by the fact that the vio- you have here, unedited by us—is it

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.022 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S680 CONGRESSIONAL RECORD — SENATE February 12, 2021 possible that President Trump’s dis- clude, that is the criminal way. But Pool. This is a full 45 minutes before dain for political violence could be any what the President said was the Amer- President Trump even took the stage clearer to the persons listening as he ican way. on January 6. Let me repeat that. Vio- was speaking? Again, the House managers manipu- lent criminals were assembling at the Is it possible his words could have lated President Trump’s words. I can’t Capitol, over a mile away, almost an been misunderstood? stand here and pretend to tell you that hour before the President uttered a sin- I suggest to you that is the possi- I know every time from all those vid- gle word on the Ellipse. You did not bility. eos that the House managers manipu- hear that fact during the hours and Now, the House managers said the lated what the President said, put up hours of the House managers’ presen- President told the crowd: ‘‘You have to evidence that was not with the founda- tation, did you? get [out] your people to fight.’’ The tion of correctness and admissibility When the President spoke, what did House managers’ claim is that the we expect. I can’t tell you that I picked he call for? He called for rally President of the United States was tell- up every one. I don’t think Mr. van der attendees to peacefully and patrioti- ing the audience to get each other to Veen or Mr. Schoen or any of the oth- cally make their voices heard, for them physically fight, but that is not what ers who worked with us can tell you to walk down Pennsylvania Avenue to the President said. that. cheer on Members of Congress. The people who should fight, he said, But what I can tell you is there were President Trump went on for more were Members of Congress. If they an awful lot of times. And I know at than an hour, ending at 1:11. Now, why don’t fight, what the President said is, least some of you were judges in pre- is this important? Because of all of the what should the rally attendees do? If vious lives. If one of the lawyers was events that I am about to describe, Members of Congress wouldn’t fight for able to create the impression that one they all occurred before—before— the principles they held dear, what was side intentionally presented false or President Trump’s remarks concluded. At 12:49 p.m., the first barriers at the it that the President specifically told misleading evidence, that judge would U.S. Capitol Grounds were pushed over, his supporters at that rally he wanted give an instruction called falsus in uno, and the crowd entered the restricted them to do? He wanted them to support falsus in omnibus: False in one thing, false in everything. In other words, if area. primary challenges. At 1:05 p.m., Acting Defense Sec- they are trying to fool you about one Now, nobody in this Chamber is anx- retary Christopher Miller received thing, not only might they be trying to ious to have a primary challenge. That open source reports of demonstrator fool you in something else, but under is one truism I think I can say with movements to the U.S. Capitol. some certainty. But that is the way we that maxim of the law, you may con- At 1:09 p.m., U.S. Capitol Police Chief operate in this country. When the peo- clude they are trying to fool you in ev- Steven Sund called the House and Sen- ple of a State want to change their erything else. ate Sergeant at Arms, telling them he President Trump was immediate in Representatives and their Senators, wanted an emergency declared, and he his calls for calm and respect for law they use the electoral process. Presi- wanted the National Guard called. dent Trump told his listeners that if enforcement. The House managers em- The point: Given the timeline of their Members of Congress won’t fight phasized President Trump’s tweet in events, the criminals at the Capitol for their views, then go back home and the 6 p.m. hour where he told the were not there at the Ellipse to even find others that will. That is what crowds: hear the President’s words. They were President Trump said—the people who Go home with love & in peace. Remember more than a mile away, engaged in should fight were the Members of Con- this day. their preplanned assault on this very gress. What is it they left out? Well, the building. This was a preplanned as- (Text of video presentations.) House starts their recitation of what sault—make no mistake—and that is a Mr. Manager NEGUSE. ‘‘You have to get President Trump said as far as the critical fact. your people to fight,’’ he told them. aftermath of when the Capitol was Watch this. President TRUMP. You have to get your breached at roughly 6 p.m. What they (Text of video presentation of 2–10– people to fight. And if they don’t fight, we don’t tell you and didn’t tell you—and 2021.) have to primary the hell out of the ones that which you probably don’t know be- Mr. Manager CICILLINE. Does anyone in don’t fight. You primary them. We’re going cause I think I am the first one to say this Chamber honestly believe that but for to let you know who they are. I can already it in this forum—is at 2:38, President the conduct of President Trump that that tell you, frankly. Trump urged protesters at the U.S. charge in the Article of Impeachment, that It is pretty stark contrast when you Capitol to stay peaceful: that attack on the Capitol would have oc- curred? Does anybody believe that? watch that video, isn’t it? When you Please support our Capitol Police and Law see the House manager tell you—and I Enforcement. They are truly on the side of (Text of video presentations.) don’t know if we’re under oath here, our Country. Stay peaceful! Mr. Blitzer. It was not some sort of sponta- but when I walked into this room, I Before we run the graphic, I just neous decision by a bunch of ‘‘protesters’’ to sure as heck felt as if I was under oath go up to Capitol Hill and storm Capitol Hill. want to point out to you, President This was all planned out. and felt like I was speaking not only to Trump’s speech ended at 1:11 p.m. So at Mr. Tapper. How much of it was planned? Senators of the United States but be- 2:38 p.m., by the time word reaches the How much of this was strategized ahead of fore the entire world and with God President that there is a problem down time? watching. here, he is out urging people to support Mr. Perez. They are getting indications, some evidence that indicates that there was And a House manager got up here and the police, stay peaceful, support our told you that the President of the some level of planning. Capitol Police and law enforcement. Ms. Quijano. There appears to be United States, on January 6, 2021, told They are on the side of the country. premeditation. the crowd that they had to go and Stay peaceful. Mr. Muir. An FBI internal report the day fight. And the implication that they At 3:13 p.m., President Trump urged before the siege, warning of a violent war at wanted you to draw was that he was protesters at the U.S. Capitol to re- the Capitol. sending them down to Capitol Hill to Ms. Quijano. The FBI issued a warning of a main peaceful: ‘‘war’’ at the Capitol. go and breach the building and trash No violence. Remember, WE are the Party Mr. Colbert. The FBI warned law enforce- the very sacred Halls of Congress. of Law and Order. Respect the law and our ment agencies about this specific attack. But we now know that is not at all great men and women in blue. (Text of audio presentation.) anything near what the President said. 3:13 p.m. Be ready to fight. Congress needs to hear What the President said was: If you President Trump’s words couldn’t glass breaking, doors being kicked in. can’t get your Members of Congress to have incited the riot at the Capitol. (Text of video presentations.) do as you would like them to do, you The day’s events make this clear. Let’s Mr. D’Antuono. We developed some intel- primary them. That is the American walk through the actual timeline. ligence that a number of individuals were way. At 11:15 a.m. police security camera planning to travel to the DC area with inten- The first way that the House man- videos show crowds forming at First tions to cause violence. We immediately agers presented and wanted you to con- Street, near the Capitol Reflecting shared that information.

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.023 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S681 Ms. Herridge. And they pushed out that in- even though a tremendous amount of But why wouldn’t you want to find the formation through this JTTF structure. new, first-time mail-in ballots were in- right answer, Brad? Instead of keep saying Mr. D’Antuono. It was immediately dis- cluded in the 2020 count, the Georgia that the numbers are right, because those seminated through a written product and rejection rate in 2020 was a mere four- numbers are so wrong. briefed to our command post operation to all Another example: levels of law enforcement. tenths of 1 percent—a drop-off from 6.42 Unidentified Speaker. The FBI says two percent to .4 percent. We think that, if you check the signa- pipe bombs discovered near the Capitol on President Trump wanted the signa- tures—a real check of the signatures—going January 6 were placed there the night before. ture verification to be done in public. back in Fulton County, you will find at least Unidentified Speaker. New video appears How can a request for signature verifi- a couple hundred thousand of forged signa- to show a person suspected of planting pipe tures of people who have been forged, and we cations to be done in public be a basis are quite sure that’s going to happen. bombs near the U.S. Capitol the night before. for a charge for inciting a riot? Unidentified Speaker. The FBI now says With that background, it is clear Moreover, there was nothing unto- the bombs were planted the night before the ward with President Trump or any Capitol siege, between 7:30 and 8:30 p.m. that President Trump’s comments and the use of the word ‘‘find’’ were solely other candidate, for that matter, Mr. Muir. They were planted the day be- speaking with the lead elections officer fore. related to his concerns with the inex- Ms. Herridge. It all goes to the idea of plicable dramatic drop in Georgia’s of the State. That is why the Georgia premeditation and coordination among indi- ballot rejection rates. secretary of state took a call, along viduals. Let’s examine how the word ‘‘find’’ with members of his team, one of Mr. Comey. This was a planned assault of was used throughout that conversa- whom decided to record it and release people going after a castle. tion. it to the press. The only reason this Mr. Counsel CASTOR. So, to answer Mr. Trump’s first use of the word conversation is being discussed in this the question of the House manager, ‘‘find’’ was as follows: Chamber is because, once again, the ‘‘Does anybody believe that this would media and their Democratic allies dis- We think that, if you check the signatures, have occurred but for the speech of a real check of the signatures going back in torted the true conversation to mislead Donald Trump?’’ I do. Fulton County, you will find at least a cou- you and the American public. So we All of these facts make clear that the ple hundred thousand of forged signatures of have a complete lack of evidence to the January 6 speech did not cause the people who have been forged, and we are Article of Impeachment presented by riots. The President did not cause the quite sure that’s going to happen. the House managers. riots. He neither explicitly nor implic- President Trump also used ‘‘find’’ as So why are we here? itly encouraged the use of violence or follows: Politics. Their goal is to eliminate a lawless action but, in fact, called for Now, why aren’t we doing signature, and political opponent, to substitute their the peaceful exercise of every Ameri- why can’t it be open to the public, and why judgment for the will of the voters. can’s First Amendment right to peace- can’t we have professionals do it instead of (Text of video presentations.) fully assemble and petition their gov- rank amateurs who will never find anything Mr. Capehart. Why bother with a Senate ernment for redress of grievances. In and don’t want to find anything? They don’t trial of Donald Trump? He’s no longer Presi- other words, the Brandenburg standard want to find—you know, they don’t want to dent. find anything. Someday, you’ll tell me the Mr. Pelley. He will be out of office anyway. is not made out. reason why, because I don’t understand your The House managers admitted many Ms. Wallace. Is it to keep him from ever reasoning, but, someday, you’ll tell me the running again? facts are unknown. Even Speaker reason why, but why don’t you want to find? Ms. DEGETTE. To make sure he may never PELOSI admitted not knowing the real President Trump echoed his previous run for office again. cause of the violence when she called sentiments again in the context of pur- Mr. CASTRO of Texas. To keep him from for a 9/11-style Commission to examine suing a legitimate and robust inves- running for office again. the facts and causes that led to the vio- tigation into the lack of signature veri- Mr. KAINE. So Donald Trump will not be able to run for office again. lence. fication for mail-in and absentee bal- (Text of audio presentation.) Ms. BALDWIN. Barring him from running lots. for office again. On the screen is Speaker PELOSI’s Mr. VAN HOLLEN. To disqualify him from call for the 9/11 Commission. And why can’t we have professionals do it instead of rank amateurs who will never find running for office. Let’s touch now on the second absurd anything and don’t want to find anything? Ms. CLARK of Massachusetts. To dis- and conflated allegation in the House They don’t want to find anything. You know, qualify him from ever running for office managers’ single Article. they don’t want to find anything. They don’t again. President Trump’s phone call to want to find—you know, they don’t want to Mr. SCHIFF. To disqualify him from run- Georgia Secretary of State Brad find anything. Someday, you’ll tell me why, ning for office again. Raffensperger—surreptitiously re- because I don’t understand your reasoning, Mr. Emanuel. It’s about focusing so that corded, by the way—included multiple but, someday, you’ll tell me why, but why he can never run again. attorneys and others on the call. Let don’t you want to find? Mr. SCHUMER. To remove him from ever We can go through signature verification, running for office again. me point out the very obvious fact that and we’ll find hundreds of thousands of sig- Mr. POCAN. To never be able to run for of- the House managers ignored. The pri- natures, and you could let us do it, and the fice again. vate call that was made public by oth- only way you can do it, as you know, is to go Ms. KLOBUCHAR. To ban former Presi- ers cannot really be the basis to claim to the past, but you didn’t do that in Cobb dent Trump from running again. that the President intended to incite a County. You just looked at one page com- Mr. GREEN of Texas. If we don’t impeach riot, because he did not publicly dis- pared to another. The only way you could do this President, he will get reelected. close the contents of the call. a signature verification is to go from one Mr. Counsel CASTOR. The goal is to How could he have hoped to use this that’s signed on November ‘‘whatever,’’ re- eliminate a political opponent, to sub- cently, and compare it to 2 years ago, 4 years call to invite his followers if he had no ago, 6 years ago, you know, or even 1, and stitute their judgment for the will of intent to make the conversation public you’ll find that you have many different sig- the voters. and, indeed, had nothing to do with its natures, but in Fulton, where they dumped Members of the Senate, our country being secretly recorded? ballots, you will find that you have many needs to get back to work. I know that The House managers told you that that aren’t even signed and that you have you know that, but, instead, we are the President demanded that the Geor- many forgeries. here. The majority party promised to gia secretary of state ‘‘find’’ just over Mr. Trump continued to use the word unify and deliver more COVID relief, 11,000 votes. The word ‘‘find,’’ like so ‘‘find’’ throughout the conversation, but, instead, they did this. We will not many others the House managers high- each and every other time in the con- take most of our time today—us of the lighted, is taken completely out of con- text of his request that Mr. defense—in the hopes that you will text. The word ‘‘find’’ did not come out Raffensperger undertake a review of take back these hours and use them to of thin air. Based on an analysis of signature verifications and his con- get delivery of COVID relief to the publicly available voter data that the cerns, generally, with ballot integrity American people. ballot rejection rate in Georgia in 2016 and his reported electoral deficit. Here Let us be clear. This trial is about far was approximately 6.42 percent and are a few examples. more than President Trump. It is about

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.035 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S682 CONGRESSIONAL RECORD — SENATE February 12, 2021 silencing and banning the speech the The clerk will read it. made clear that these insurgents were majority does not agree with. It is The legislative clerk read the ques- planning to carry weapons, including about canceling 75 million Trump vot- tion as follows: guns, to target the Capitol itself. And ers and criminalizing political view- Isn’t it the case that the violent attack yet Donald Trump, from January 5 to points. and siege on the Capitol on January 6 would the morning of his speech, tweeted 34 That is what this trial is really not have happened if not for the conduct of times, urging his supporters to get about. It is the only existential issue President Trump? ready to stop the steal. before us. It asks for constitutional The PRESIDENT pro tempore. The He even, on the eve of the attack, cancel culture to take over in the House managers have up to 5 minutes. warned us that it was coming. He United States Senate. Mr. Manager CASTRO of Texas. Good warned us that thousands were de- Are we going to allow canceling and afternoon, everybody. To answer your scending into DC and would not take it banning and silencing to be sanctioned question very directly, Donald Trump anymore. in this body? assembled the mob. He assembled the When they got here at the Save To the Democrats, who view this as a mob, and he lit the flame. Everything America March, he told them again in moment of opportunity, I urge you in- that followed was because of his doing, that speech exactly what to do. His stead to look to the principles of free and although he could have imme- lawyer opened with: expression and free speech. I hope, diately and forcibly intervened to stop Let’s have trial by combat. truly, that the next time you are in the the violence, he never did. In other That was Rudy Giuliani. And Donald minority, you don’t find yourself in words, this violent, bloody insurrection Trump brought that message home. In this position. that occurred on January 6 would not fact, he praised Rudy Giuliani as a To the Republicans in this Chamber, have occurred but for President Trump. fighter, and President Trump used the I ask when you are next in the major- The evidence we presented in trial words ‘‘fight’’ or ‘‘fighting’’ 20 times in ity, please resist what will be an over- makes this absolutely clear. This at- that speech. whelming temptation to do this very tack, as we said, didn’t come from one Remember, you have just told these same thing to the opposing party. random speech, and it didn’t happen by people—these thousands of people— Members of the Senate, this con- accident, and that mob didn’t come out that somebody has stolen your elec- cludes the formal defense of the 45th of thin air. tion, your victory; you are not going to President of the United States to the Before the election, Donald Trump get the President that you love. Impeachment Article filed by the spread lie after lie about potential Senators, that is an incredibly com- House of Representatives. fraud—an election, remember, that bustible situation when people are I understand that there is a proce- hadn’t even happened yet. Months be- armed and they have been saying that dure in place for questions, and we fore the election took place, he was they are mad as hell and they are not await them; thereafter, we will close saying it was rigged and that it was going to take it anymore. on behalf of President Trump. going to be stolen. All of his supporters He looked out to a sea of thousands, Mr. President, we yield the balance believed that the only way he was some wearing body armor, helmets, of our time. going to lose is if the election was sto- The PRESIDENT pro tempore. The holding sticks and flag poles, some of len, if the election was rigged. majority leader. And when he did lose, he spent week which they would later use to beat f after week inciting his supporters to Capitol Police; and he told them that they could play by different rules—play RECESS believe that their votes had been stolen by different rules. He even, at one Mr. SCHUMER. Mr. President, I ask and that the election was fraudulent and it was their patriotic duty to fight point, quite literally, pointed to the unanimous consent that we take a 15- Capitol as he told them to ‘‘fight like minute recess. like hell to stop the steal and take their country back. hell.’’ There being no objection, at 3:16 After the attack, you know, we have p.m., the Senate, sitting as a Court of And, remember, this is in the United States, where our vote is our voice. shown clearly, well, that once the at- Impeachment, recessed until 3:54 p.m.; tack began, insurgent after insurgent whereupon the Senate reassembled You tell somebody that an election vic- tory is being stolen from them, that is made clear they were following the when called to order by the President President’s orders. You saw us present pro tempore. a combustible situation. And he gave them clear direction on that evidence of the insurgents who SENATORS’ QUESTIONS were there that day who said: I came The PRESIDENT pro tempore. The how to deal with that. For example, on December 19, 18 days because the President asked me to Senate will come to order. come. I was here at his invitation. You Pursuant to the provisions of S. Res. prior to January 6, President Trump told them how and where to fight for saw that of the folks that were in the 47, the Senate has provided 4 hours dur- Capitol that day. ing which Senators may submit ques- it. He first issued his call to action for January 6. This was a ‘‘save the date’’ The PRESIDENT pro tempore. The tions in writing directed either time has expired. through the managers on the part of sent 18 days before the event on Janu- ary 6, and it wasn’t just a casual one- Are there further questions? the House of Representatives or coun- Mr. GRAHAM. Mr. President. sel for the former President. off reference or a singular invitation. For the next 18 days, he directed all The PRESIDENT pro tempore. Does The majority leader. the Senator from South Carolina have Mr. SCHUMER. Mr. President, I ask of the rage he had incited to January 6; a question? unanimous consent that the answers and that was, for him, what he saw as Mr. GRAHAM. Thank you very much, within the 4-hour question period be his last chance to stop the transfer of Mr. President. limited to 5 minutes each, and if the power, to stop from losing the Presi- I send a question to the desk on be- questions are directed to both parties, dency. And he said things like, ‘‘Fight half myself, Senators CRUZ, MARSHALL, the times be equally divided; further- to the death’’ and January 6 will be a and CRAMER to counsel. more, that questions alternate sides ‘‘wild’’ and ‘‘historic day.’’ And this The PRESIDENT pro tempore. Sen- proposing questions for as long as both was working. They got the message. ator GRAHAM, for himself, Senator sides have questions. In the days leading to the attack, re- CRUZ, Senator MARSHALL, and Senator The PRESIDENT pro tempore. With- port after report, social media post CRAMER, submits a question to the out objection, it is so ordered. after social media post, confirmed that Mr. SCHUMER. Mr. President, I send these insurgents were planning armed counsel for Donald Trump. a question to the desk. violence, but they were planning it be- The clerk will read the question. The PRESIDENT pro tempore. The cause he had been priming them, be- The legislative clerk read as follows: Senator will submit it. cause he had been amping them up. Does a politician raising bail for rioters en- The question from Senator SCHUMER That is why they were planning it. courage more rioting? with Senator FEINSTEIN is directed to And these posts, confirmed by re- The PRESIDENT pro tempore. Coun- the House managers. ports from the FBI and Capitol Police, sel has 5 minutes.

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.036 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S683 Mr. Counsel CASTOR. Yes. Then it went up to Judge Stephanos to December 31; January 2, there is a The PRESIDENT pro tempore. Does Bibas, who is a Trump appointee, who lot of interaction between the authori- counsel yield back the rest of their is part of the appeals court panel. He ties and getting folks to have security time? said: beforehand on the day. We have a tweet Mr. Counsel CASTOR. I do. The Campaign’s claims have no merit. The at 2:38, so it was certainly sometime The PRESIDENT pro tempore. Coun- number of ballots it specifically challenges before then. sel’s time is yielded back. is far smaller than the [roughly] 81,000-vote With the rush to bring this impeach- Are there other questions? margin of victory. And it never claims fraud ment, there has been absolutely no in- Mr. WARNOCK. Mr. President. or that any votes were cast by illegal voters. vestigation into that. And that is the The PRESIDENT pro tempore. The Plus, tossing out millions of mail-in ballots problem with this entire proceeding. Senator from Georgia. would be drastic and unprecedented, The House Managers did zero inves- Mr. WARNOCK. I send a question to disenfranchising a huge swath of the elec- tigation, and the American people de- the desk. torate and upsetting all down-ballot races serve a lot better than coming in here The PRESIDENT pro tempore. Send too. with no evidence, hearsay on top of it to the desk. Which, incidentally, they weren’t The Senator from Georgia, Senator being challenged, even though it was hearsay on top of reports that are hear- say. WARNOCK, has a question for the House the exact same ballot that had been Managers. brought. Due process is required here, and The clerk will read the question. So the problem was when the Presi- that was denied. Ms. ROSEN. Mr. President. The legislative clerk read as follows: dent went from his traditional combat, The PRESIDENT pro tempore. The Is it true or false that in the months lead- which was fine, to intimidating and ing up to January 6th, dozens of courts, in- Senator from Nevada bullying State election officials and Ms. ROSEN. Mr. President, I send a cluding State and Federal courts in Georgia, State legislators, and then finally, as rejected President Trump’s campaign’s ef- question to the desk. Representative CHENEY said, sum- forts to overturn his loss to Joe Biden? The PRESIDENT pro tempore. The moning a mob, assembling a mob, and Senator from Nevada, Senator ROSEN, The PRESIDENT pro tempore. The then lighting the match for an insur- House manager is recognized for 5 min- submits a question for the House man- rection against the Union. agers. utes. When he crossed over from non- Mr. Manager RASKIN. Mr. President, The clerk will read the question. violent means, no matter how ridicu- The legislative clerk read as follows: Senators, that is true. That is true. lous or absurd—that is fine. He is exer- I want to be clear, though, that we On January 6, the anti-Semitic Proud Boys cising his rights—to inciting violence, have absolutely no problem with Presi- group that President Trump had told to that is what this trial is about. dent Trump having pursued his belief stand by, laid siege to the Capitol alongside We heard very little of that from the that the election was being stolen or other rioters, including one wearing a ‘‘Camp presentation of the President’s law- Auschwitz’’ shirt. Is there evidence that that there was fraud or corruption or yers. They really didn’t address the President Trump knew or should have known unconstitutionality. We have no prob- facts of the case at all. There were a that his tolerance of anti-Semitic hate lem at all with him going to court to couple of propaganda reels about speech, combined with his own rhetoric, do it and he did and he lost in 61 Democratic politicians that would be could incite the kind of violence we saw on straight cases. In Federal court and January 6? excluded in any court in the land. They State court, in the lowest courts in the talked about the Rules of Evidence. All Ms. Manager PLASKETT. Mr. Presi- land, in the U.S. Supreme Court, he of that was totally irrelevant to the dent, Senators, Donald Trump has a lost it. case before us. Whatever you think long history of praising and encour- He lost in courts in Pennsylvania, aging violence, as you saw. He has es- Arizona, Georgia, Michigan, Min- about it, it is irrelevant, and we will be happy, of course, to address the First poused hateful rhetoric himself. He has nesota, Nevada, and Wisconsin. All of not just tolerated it, but he has en- them said the same thing; they Amendment argument too. Ms. COLLINS. Mr. President. couraged hateful speech by others. He couldn’t find any corruption; they The PRESIDENT pro tempore. The has refused, as you saw in the Sep- couldn’t find any fraud, certainly noth- Senator from Maine. tember debate—that interview—to con- ing rising to a material level that Ms. COLLINS. Mr. President, I send a demn extremists and White suprema- would alter the outcome of any of the question to the desk. cist groups, like the Proud Boys, and elections; and there was no unconsti- The PRESIDENT pro tempore. The he has, at every opportunity, encour- tutionality. That is the American sys- question is from Senator COLLINS and aged and cultivated actual violence by tem. Senator MURKOWSKI. It is for the coun- these groups. So, I mean, it is hard to imagine him sel for the former President. Yes, he has encouraged actual vio- having gotten more due process than The clerk will read the question. lence, not just the word ‘‘fight.’’ He that in pursuing what has come to be The legislative clerk read as follows: told groups like the Proud Boys, who known popularly as the big lie, the idea Exactly when did President Trump learn of had beaten people with baseball bats, that somehow the election was being the breach of the Capitol, and what specific to stand by. stolen from him. We have no problem actions did he take to bring the rioting to an When his supporters in the 50-car with the fact that he went to court to end, and when did he take them? Please be as caravan tried to drive a bus of Biden do all those things. detailed as possible. campaign workers off the road, he But notice, No. 1, the big lie was re- Mr. Counsel VAN DER VEEN. Is it tweeted a video of that incident with futed, devastated, and demolished in possible to read the question again? fight music attached to it and wrote: Federal and State courts across the The PRESIDENT pro tempore. The ‘‘I LOVE TEXAS!’’ land, including by eight judges ap- clerk will read the question again. When his supporters sent death pointed by President Donald Trump The legislative clerk read as follows: threats to the Republican Secretary of himself. Exactly when did President Trump learn of State Raffensperger in Georgia, he re- We quoted earlier in the case what the breach of the Capitol, and what specific sponded by calling Mr. Raffensperger happened in Pennsylvania, where U.S. actions did he take to bring the rioting to an an enemy of the state, after he knew of District Court Judge Matthew Brann end, and when did he take them? Please be as those death threats. said: In the United States, this can— detailed as possible. And in the morning of the second that The PRESIDENT pro tempore. Mr. Million MAGA March, when it erupted This Court has been presented with van der Veen. in violence and burned churches, he strained legal arguments without merit and Mr. Counsel VAN DER VEEN. The began that day with the tweet: ‘‘We speculative accusations . . . House Managers have given us abso- In the [United States of America], this have just begun to fight.’’ cannot justify the disenfranchisement of a lutely no evidence, one way or the I want to be clear that Donald Trump single voter, let alone all the voters of its other, on that question. is not on trial for those prior state- sixth most populated state. Our people, laws, We are able to piece together a ments—however as hateful and violent and institutions demand more. timeline, and it goes all the way back and inappropriate as they may be. But

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.027 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S684 CONGRESSIONAL RECORD — SENATE February 12, 2021 his statements, the President’s state- Mr. Counsel CASTOR. Mr. President. send any individuals. We did not hear ments make absolutely clear three im- The PRESIDENT pro tempore. Coun- any tweets. We did not hear him tell portant points for our case. sel is recognized. those individuals: Stop. This is wrong. First, President Trump had a pattern Mr. Counsel CASTOR. Thank you, You must go back. We did not hear and practice of praising and encour- Senators, for that question. That is that. aging violence, never condemning it. It precisely what the 45th President be- So what else did the President do? is not a coincidence that those very lieves this gathering is about. We are unclear. But we believe it was a same people—Proud Boys, organizers of We believe in law and order and trust dereliction of his duty, and that was the Trump caravan, supporters and that the Federal authorities that are because he was the one who had caused speakers of the second Million MAGA conducting investigations and prosecu- them to come to the Capitol, and they March—all showed up on January 6 to tions against the criminals that in- were doing what he asked them to do. an event that he had organized with vaded this building will continue their So there was no need for him to stop those same individuals who had orga- work and be as aggressive and thor- them from what they were engaged in. nized that violent attack. ough as we know them to always be But one of the things I would like to Second, his behavior is different. It is and that they will continue to identify ask is we still have not heard and pose not just that it was a comment by an those that entered the inner sanctum to you all the questions that were official to fight for a cause. This is of our government and desecrated it. raised by Mr. RASKIN, Manager RASKIN, months of cultivating a base of people The 45th President no longer holds in his closing argument: Why did Presi- who were violent—not potentially vio- office, and there is no sanction avail- dent Trump not tell the protesters to lent but were violent—and that their able under the Constitution, in our stop as soon as he learned about it? prior conduct both helped him cul- view, for him to be removed from the Why did President Trump do nothing tivate the very group of people that at- office that he no longer holds. The only to stop the attack for 2 hours after the tacked us; it also shows clearly that he logical conclusion is that the purpose attack began? Why did President had that group assembled, inflamed, of this gathering is to embarrass the Trump do nothing to help protect the and, in all the public reports, ready to 45th President of the United States and Capitol and law enforcement battling attack. He deliberately encouraged in some way try to create an oppor- the insurgents? them to engage in violence on January tunity for Senators to suggest that he You saw the body cam of a Capitol 6. should not be permitted to hold office Police officer at 4:29, still fighting—4:29 President Trump had spent months in the future or, at the very least, pub- after since what time?—1, 2 in the calling supporters to a march on a spe- licize this throughout the land to try afternoon. Why did he not condemn the cific day, at a specific time, for a spe- to damage his ability to run for office violent insurrection on January 6? cific purpose. What else were they when and if he is acquitted and, at the Those are the questions that we going to do to stop the certification of same time, tell the 74 million people have, as well, and the reason this ques- the election on that day but to stop who voted for him that their choice tion keeps coming up is because the an- you—but to stop you physically? There was the wrong choice. swer is nothing. was no other way, particularly after I believe that this is a divisive way of The PRESIDENT pro tempore. Any his Vice President said that he would going about handling impeachment, further questions? refuse to do what the President asked. and it denigrates the great solemnity Mr. ROMNEY. Mr. President. The point is this: that by the time he that should attach to such proceedings. The PRESIDENT pro tempore. The called the cavalry—not calvary but I yield the remainder of my time, Mr. Senator from Utah. cavalry—of his thousands of supporters President. Mr. ROMNEY. I send a question to on January 6, an event he had invited The PRESIDENT pro tempore. The the desk. them to, he had every reason to know Senator from Massachusetts. The PRESIDENT pro tempore. The that they were armed, violent, and Mr. MARKEY. Mr. President, I send a Senator from Utah, Mr. ROMNEY, on be- ready to actually fight. question for the House managers to the half of himself and Senator COLLINS, He knew who he was calling and the desk because the President’s counsel submits a question. violence they were capable of, and he did not answer the question which was The clerk will read the question. still gave his marching orders to go to posed to them. Oh, I apologize. The question is for the Capitol and ‘‘fight like hell’’ to The PRESIDENT pro tempore. The both sides, and the time will be evenly stop the steal. How else was that going Senator will send the question. Debate divided. to happen? If they had stayed at the is not allowed. The legislative clerk read as follows: The question is from Senator MAR- Ellipse, maybe it would have just been When President Trump sent the dispar- to violently—to fight in protest with KEY, with Senator DUCKWORTH, to the aging tweet at 2:24 p.m. regarding Vice Presi- their words. But to come to the Cap- managers on the part of the House of dent Pence, was he aware that the Vice itol? Representatives. President had been removed from the Senate That is why this is different, and that The clerk will read the question. by the Secret Service for his safety? is why he must be convicted and ac- The legislative clerk read as follows: The PRESIDENT pro tempore. The quitted—and disqualified. Exactly when did the President House managers. And time will be Mr. HAGERTY. Mr. President, on be- learn of the breach at the Capitol, and what evenly divided. half of Senator SCOTT of South Caro- steps did he take to address the violence? Mr. Manager RASKIN. I’m sorry. lina and myself, I would like to submit Please be as detailed as possible. Could the question be read again, Mr. a question to the desk. The PRESIDENT pro tempore. Do President. The PRESIDENT pro tempore. The the House managers wish to respond? The PRESIDENT pro tempore. Of Senator from Tennessee submits a Ms. Manager PLASKETT. Yes. Mr. course. question. President, Senators, this attack was on Could the clerk read the question The question is for counsel for the live TV, on all major networks, in again. former President from Senators realtime. The President, as President, The legislative clerk read as follows: HAGERTY and SCOTT of South Carolina. has access to intelligence information, When President Trump sent the dispar- The clerk will read the question. including reports from inside the Cap- aging tweet at 2:24 p.m. regarding Vice Presi- The legislative clerk read as follows: itol. dent Pence, was he aware that the Vice Given that more than 200 people have been He knew the violence that was under- President had been removed from the Senate charged for their conduct at the Capitol on way. He knew the severity of the by the Secret Service for his safety? January 6, that our justice system is work- threats. And, most importantly, he The PRESIDENT pro tempore. The ing to hold the appropriate persons account- knew that Capitol Police were over- House managers are recognized for 21⁄2 able, and that President Trump is no longer in office, isn’t this simply a political show whelmingly outnumbered and in a fight minutes. trial that is designed to discredit President for their lives against thousands of in- Mr. Manager CASTRO of Texas. Trump and his policies and shame the 74 mil- surgents with weapons. We know he Thank you. Well, let me tell you what lion Americans who voted for him? knew that. We know that he did not he said at 2:24 p.m. He said:

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.028 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S685 Mike Pence didn’t have the courage to do They chose to charge incitement. So Let me also bring something else up. what should have been done to protect our that the question—although answered I will briefly say that defense counsel Country and our Constitution . . . USA de- directly no, it is not really relevant to put a lot of videos out in their defense, mands the truth! the charges for the impeachment in playing clip after clip of Black women And you know by now what was all this case. talking about fighting for a cause or an over the media. You couldn’t turn on And I just wanted to clear up one issue or a policy. It was not lost on me, the television, you couldn’t turn on the more thing. Mr. CASTRO, in his first an- as so many of them were people of radio, you couldn’t consume any media swer, may have misspoke, but what he color and women and Black women, or probably take any phone calls or said was Mr. Trump had said ‘‘fight to Black women like myself, who are sick anything else without hearing about the death.’’ That is false. I am hoping and tired of being sick and tired for our this and also hearing about the Vice he misspoke. children—your children, our children. President. Thank you. This summer, things happened that And here is what Donald Trump had Ms. KLOBUCHAR. Mr. President. were violent, but there were also to know at that time because the The PRESIDENT pro tempore. The things that gave some of us Black whole world knew it. All of us knew it. Senator from Minnesota. women great comfort: seeing Amish Live television had, by this point, Ms. KLOBUCHAR. Mr. President, on people from Pennsylvania standing up shown that the insurgents were already behalf of myself and Senators CASEY with us, Members of Congress fighting inside the building and that they had and BROWN, I send a question to the up with us. And so I thought we were weapons and that the police were out- desk. past that. I think maybe we are not. numbered. The PRESIDENT pro tempore. This There are longstanding consequences, And here are the facts that are not in is a question from Senator KLOBUCHAR, decisions like this that will define who dispute. Donald Trump had not taken Senator CASEY, and Senator BROWN to we are as a people, who America is. We any measures to send help to the over- the House managers. have in this room made monumental whelmed Capitol Police. The clerk will read the question. decisions. You all have made monu- As President, at that point, when you The legislative clerk read as follows: mental decisions. We have declared see all this going on and the people all In presenting your case, you relied on past wars, passed civil rights acts, ensured around you are imploring you to do precedents from impeachment trials, such as that no one in this country is a slave. William Belknap’s impeachment. After what something and your Vice President is Every American has the right to vote, you have presented in the course of this unless you live in a territory. At this there, why wouldn’t you do it? Donald trial, if we do not convict former President Trump had not publicly condemned the Trump, what message will we be sending to time, some of these decisions are even attack, the attackers, or told them to future Presidents and Congresses? controversial, but history has shown stand down despite multiple pleas to do Ms. Manager PLASKETT. As we have that they define us as a country and as so, and Donald Trump hadn’t even ac- shown, President Trump engaged in a a people. Today is one of those mo- knowledged the attack. course of conduct that incited an ments, and history will wait for our de- And, after Wednesday’s trial portion armed attack on the Capitol. He did so cision. Mr. LEE. Mr. President. concluded, Senator TUBERVILLE spoke while seeking to overturn the results of The PRESIDENT pro tempore. The to reporters and confirmed the call the election and thwart the transfer of that he had with the President and did Senator from Utah. power. And when the attack began, he Mr. LEE. I send a question to the not dispute Manager CICILLINE’s de- further incited violence aimed to his scription in any way that there was a desk. own Vice President, even dem- The PRESIDENT pro tempore. The call between he and the President onstrating his state of mind by failing Senator from Utah, Mr. LEE, sends a around the time that Mike Pence was to defend us and the law enforcement question on behalf of himself, Senator being ushered out of the Chamber, and officials who protect us. HAWLEY, Senator CRAPO, Senator that was shortly after 2 p.m. The consequences of his conduct were BLACKBURN, and Senator PORTMAN, and And Senator TUBERVILLE specifically devastating on every level. Police offi- the question is for the counsel for the said that he told the President: Mr. cers were left overwhelmed, unpro- former President. President, they just took the Vice tected. Congress had to be evacuated; The clerk will read the question. President out; I have got to go. our staff barricaded in this building, The legislative clerk read as follows: That was shortly after 2 p.m. There calling their families to say goodbye. Multiple State constitutions enacted prior were still hours of chaos and carnage Some of us, like Mr. RASKIN, had chil- to 1787—namely, the constitutions of Dela- and mayhem, and the Vice President dren here. ware, Virginia, Pennsylvania, and Vermont— and his family were still in danger at And these people in this building, specifically provided for the impeachment of that point. Our Commander in Chief some of whom were on the FBI’s watch a former officer. Given that the Framers of did nothing. list, took photos, stole laptops, de- the U.S. Constitution would have been aware The PRESIDENT pro tempore. Coun- stroyed precious statues, including one of these provisions, does their decision to omit language specifically authorizing the sel for the former President. of John Lewis, desecrated the statue of Mr. Counsel VAN DER VEEN. The impeachment of former officials indicate a recently deceased Member of Con- that they did not intend for our Constitution answer is no. At no point was the gress who stood for nonviolence. to allow for the impeachment of former offi- President informed the Vice President This was devastating. And the world cials? was in any danger. Because the House watched us, and the world is still Mr. Counsel VAN DER VEEN. Good rushed through this impeachment in 7 watching us to see what we will do this question, and the answer is yes, of days with no evidence, there is nothing day and will know what we did this day course they left it out. The Framers at all in the record on this point be- 100 years from now. were very smart men, and they went cause the House failed to do even a Those are the immediate con- over draft after draft after draft on minimum amount of due diligence. sequences, and our actions will rever- that document, and they reviewed all What the President did know is that berate as to what are the future con- the other drafts of all of the State con- there was a violent—there was a vio- sequences. The extremists who at- stitutions, all of them. They picked lent riot happening at the Capitol. tacked the Capitol at the President’s and chose what they wanted, and they That is why he repeatedly called via provocation will be emboldened. All discarded what they did not. What they tweet and via video for the riots to our intelligence agencies have con- discarded was the option for all of you stop, to be peaceful, to respect Capitol firmed this; it is not House managers to impeach a former elected official. Police and law enforcement, and to saying that. They are quite literally I hope that is answering your ques- commit no violence and to go home. standing by and standing ready. Don- tion. Thank you. But to be clear, this is an Article of ald Trump told them: This is only the Mr. PADILLA. Mr. President. Impeachment for incitement; this is beginning. They are waiting and The PRESIDENT pro tempore. The not an Article of Impeachment for any- watching to see if Donald Trump is Senator from California. thing else. It is one count. They could right that everyone said this was to- Mr. PADILLA. Mr. President, I send have charged anything they wanted. tally appropriate. a question to the desk.

VerDate Sep 11 2014 04:47 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.030 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 12, 2021 The PRESIDENT pro tempore. The This is dangerous. He is inciting his record, and I thought that is exactly Senator from California submits a base. He was using the claim of a what he would do. question for the House managers. rigged election. We have never seen But instead, what he did is he came The clerk will read the question. somebody do that over and over and up and illustrated the problem with the The legislative clerk read as follows: over again—tell a lie, say 6 months presentation of the House case. It has Having been on the frontlines of combat- ahead of time that it is a rigged elec- been smoke and mirrors, and, worse, it ting the ‘‘big lie’’ over the past 4 years as tion. has been dishonest. He came up and California’s chief elections officer, it is clear There is a dangerous consequence to tried to cover when he got caught, as that President Trump’s plot to undermine that when you have millions of fol- they were caught earlier today with all the 2020 election was built on lies and con- of the evidence, checking tweets, spiracy theories. How did this plot to uncon- lowers on Twitter and millions of fol- stitutionally keep President Trump in power lowers on Facebook and you have that switching dates—everything they did. lead to the radicalization of so many of huge bully pulpit of the White House And bear in mind, I had 2 days to President Trump’s followers and the result- and you are the President of the United look at their evidence. And when I say ing attack on the Capitol? States. There is a cost to doing that. 2 days, I mean they started putting in Mr. Manager CASTRO. Senators, People are listening to you in a way their evidence. So I started being able Donald Trump spent months inciting that, quite honestly, they are not lis- to get looking at it. That is not the his base to believe that their election tening to me and they are not listening way this should be done. But what we discovered was, he knew was stolen, and that was the point— to all of us in this room. what he was doing. He knew that the that was the thing that would get peo- I just want to clear up—the defense President didn’t say that to his people. ple so angry. Think about that, what it counsel made a point about something What he said was, if it happened to the that I read earlier. The defense counsel would take to get a large group of Democrats, this is what they would do. suggested I misspoke. I just want to thousands of Americans so angry to In his speech that day, you know what storm the Capitol. That was the pur- clarify for the record that the tweet I he said? He said, if this happened to the pose behind Donald Trump saying that referenced—let me read you the tweet Democrats, if the election were stolen the election had been rigged and that directly: from the Democrats, all hell would the election had been stolen. If a Democrat Presidential Candidate had break loose. But he said to his sup- To be clear, when he says the elec- an Election Rigged & Stolen, with proof of porters: We are smarter. We are strong- such acts at a level never seen before, the tion is stolen, what he is saying is that er. And we are not going to do what the victory—and he even says one Democrat Senators would consider it an act of war, and fight to the death. Mitch & the they did all summer long. time, the election victory—has been So what he did was he misrepre- stolen from them. Think about how Republicans do NOTHING, just want to let it pass. NO FIGHT! sented a tweet to you to put forth the significant that is to Americans. So Donald Trump was equating what narrative that is wrong. It is wrong. It Again, you are right, over 70 million— is dishonest, and the American people I think 74 million people voted for Don- Democrats would do if their election was stolen. He said they’d fight to the don’t deserve this any longer. You ald Trump. And this wasn’t a one-off must acquit. death. Why do you think he sent that comment. It wasn’t one time. It was The PRESIDENT pro tempore. The over and over and over and over and tweet? Because he is trying to say: Representative from the House of Rep- Hey, the other side would fight to the over again, with a purpose. resentatives has 21⁄2 minutes. We are not having this impeachment death; so you should fight to the death. Mr. Manager RASKIN. Thank you, trial here because Donald Trump con- I mean, do we read that any other Mr. President. tested the election. As I said during the way? That was profoundly inaccurate and The PRESIDENT pro tempore. The presentation, nobody here wants to irrelevant to what the question is. So I Senator from Missouri. lose an election. We all run our races am going to get back to the question. Mr. HAWLEY. Mr. President, on my to win our elections. But what Presi- So under article II, section 4, a Presi- behalf and the behalf of Senator dent Trump did was different. What our dent who is in office must be convicted CRAMER, I send a question to the desk. before removal and then must be re- Commander in Chief did was the polar The PRESIDENT pro tempore. Sen- opposite of what we are supposed to do. moved before disqualification. ator HAWLEY, on behalf of himself and We let the people decide the elections, OK. But if the President is already Senator CRAMER, sends a question for except President Trump. He directed out of office, then he can be separately the counsel and House managers. And disqualified, as this President is. But all of that rage that he had incited to following our procedure, the first one these powers have always been treated January 6, the last chance—again, to to respond after it is read will be the as separate issues, which is why I think him, this was his last chance. This was counsel for the former President. there have been eight people who have certifying the election results. He The legislative clerk read as follows: been convicted and removed, and just needed to whip up that mob, amp them If the Senate’s power to disqualify is not three of them disqualified. up enough to get out there and try to derivative of the power to remove a con- And, as you know, there is a totally stop the election results, the certifi- victed President from office, could the Sen- separate process within the Senate for cation of the election. And, you all, ate disqualify a sitting President but not re- doing this. The Constitution requires a they took over the Senate Chamber to move him or her? two-thirds vote for conviction. But for do that. They almost took over the Mr. Counsel VAN DER VEEN. Would disqualification, it is a majority vote. House Chamber. There were 50 or so or you read that question again, if you It is a separate thing. So people could more House Members who were lit- would please? vote to convict and then vote not to erally scared for their lives up in the The legislative clerk read as follows: disqualify. If they felt that the evi- Gallery. If the Senate’s power to disqualify is not dence demonstrated the President was A woman who bought into that big derivative of the power to remove a con- guilty of incitement to insurrection, lie died because she believed the Presi- victed President from office, could the Sen- they could vote to convict. If they felt dent’s big lie. This resulted in a loss of ate disqualify a sitting President but not re- they didn’t want to exercise the fur- one of his supporter’s lives. A Capitol move him or her? ther power established by the Constitu- Police officer died that day—other of The PRESIDENT pro tempore. Coun- tion to disqualify, they wouldn’t even President Trump’s supporters. Two sel for the former President has 21⁄2 have to do that. And that could be Capitol Police officers ended up taking minutes. something that is taken up separately their own lives. Mr. Counsel VAN DER VEEN. No. by the Senate and by a majority vote. Defense counsel—their defense is ba- But I can’t let this rest. Mr. CASTRO at- The PRESIDENT pro tempore. The sically everything President Trump did tributed a statement the time before Senator from Massachusetts. is OK, and he could do it again. Is that last that he was up here that Donald Ms. WARREN. Mr. President, I send a what we believe; that there is no prob- Trump had told his people to fight to question to the desk. lem with that, that it is perfectly fine the death. I am not from here. I am not The PRESIDENT pro tempore. The if he does the same thing all over like you guys. I was being very polite Senator from Massachusetts has a again? in giving an opportunity to correct the question for the House managers.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.032 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S687 The clerk will read the question. The PRESIDENT pro tempore. The result, but our system of government has The legislative clerk read as follows: Senator from North Dakota. processes to determine who will be sworn in The defense’s presentation highlighted the Mr. CRAMER. My apologies to the on January 20. The electoral college has spo- fact that Democratic Members of Congress Senator from Massachusetts for ken. raised objections to the counting of electoral butting in. Patriotism. Sometimes, there is a votes in past joint sessions of Congress. To I send a question to the desk for the reason to dispute an election. Some- your knowledge, were any of those Demo- former President’s attorneys. times, the count is close. Sometimes, cratic objections raised after insurrection- The PRESIDENT pro tempore. The we ask for a recount, go to courts. All ists stormed the Capitol in order to prevent of that is appropriate. I lost my first the counting of electoral votes and after the question from Senator CRAMER is for President’s personal lawyer asked Senators the counsel for the former President. election. I stayed in bed for 3 days. We to make these objections specifically to The clerk will read the question. do what we need to do, and we move delay the certification? The legislative clerk read as follows: on. This was not that because, when all Mr. Manager RASKIN. Thank you Given the allegations of the House man- of these people confirmed that Donald very much, Mr. President, for the op- ager that President Trump has tolerated Trump had lost, when the courts, his— portunity to respond to that. anti-Semitic rhetoric, has there been a more his—Department of Justice, State offi- The answer is no, we are not aware pro-Israel President than President Trump? cials, Congress, his Vice President were that any other objections were raised Mr. Counsel VAN DER VEEN. No. ready to commit to the peaceful trans- in the counting of electoral college But it is apparent that nobody listened fer of power—the peaceful transfer of votes, either by Democrats or Repub- to what I said earlier today, because power—Donald Trump was not ready, licans. This has been kind of a proud the vitriolic speech needs to stop. You and we are all here because he was not bipartisan tradition under the electoral need to stop. ready. college because the electoral college is There was nothing funny here, Mr. Day after day, he told his supporters so arcane and has so many rules to it. RASKIN. We aren’t having fun here. false, outlandish claims of why this I think that my cocounsel on the This is about the most miserable expe- election was rigged. Now, let’s be clear: other side had some fun because I was rience I have had down here in Wash- President Trump had absolutely no one of the people who took, I think, ington, DC. There is nothing fun about support of these claims, but that about 30 seconds in 2016 to point out it. wasn’t the point of what he was doing. that the electors from Florida were not And in Philadelphia, where I come He did it to make his supporters frus- actually conforming to the letter of from, when you get caught doctoring trated, to make them angry. the law because they have a rule in the evidence, your case is over, and The PRESIDENT pro tempore. Time Florida that you can’t be a dual office- that is what happened. They got has expired. holder. In other words, you can’t be a caught doctoring the evidence, and this Counsel for the former President is 1 State legislator and also be an elector. case should be over. recognized for 2 ⁄2 minutes. Mr. Counsel VAN DER VEEN. Thank That was improper form. The PRESIDENT pro tempore. The I think then-Vice President Biden Senator from Vermont. you. May I have the question read again properly gaveled me down and said: Mr. SANDERS. Mr. President, I send and not have it count against my time? Look, we are going to try to make the a question to the desk. The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Of electoral college work, and we are course. going to vindicate the will of the peo- Senator from Vermont, Mr. SANDERS, has a question for both the counsel for The clerk will read the question ple. again. And that is pretty much what hap- the former President and the House managers. The legislative clerk read as follows: pened. The House prosecutors have stated over Nobody has stormed the Capitol be- The clerk will read the question, and following our procedure, the House and over again that President Trump was fore or, as Representative CHENEY, the perpetrating a big lie when he repeatedly secretary of the Republican conference managers will go first. claimed that the election was stolen from said, gone out and summoned a mob, The legislative clerk read as follows: him and that he actually won the election by assembled a mob, incited a mob, and lit The House prosecutors have stated over a landslide. a match. As Representative CHENEY and over again that President Trump was Are the prosecutors right when they claim said, all of this goes to the doorstep of perpetrating a big lie when he repeatedly that Trump was telling a big lie or, in your claimed that the election was stolen from judgment, did Trump actually win the elec- the President. None of it would have him and that he actually won the election by tion? happened without him and everything a landslide. The PRESIDENT pro tempore. Coun- is due to his actions. This would not Are the prosecutors right when they claim sel for the former President has 21⁄2 have happened. that Trump was telling a big lie or, in your minutes. That is the chair of the House Repub- judgment, did Trump actually win the elec- tion? Mr. Counsel VAN DER VEEN. Who lican conference, who was the target of asked that? an effort to remove her, which was re- The PRESIDENT pro tempore. The Mr. SANDERS. I did. jected on a vote of by more than 2 to 1 House managers have up to 21⁄2 min- Mr. Counsel VAN DER VEEN. My in the House Republican conference, utes. judgment is irrelevant in this pro- when there was an attempt to remove Ms. Manager PLASKETT. As we all ceeding. It absolutely is. What is sup- her for voting for impeachment and be- know, President Trump did lose the posed to happen here is the Article of coming a leader for vindicating our election by 7 million votes, 306 elec- Impeachment—— constitutional values. toral votes. By the time of the January The PRESIDENT pro tempore. The So please don’t mix up what Repub- 6 attack, the courts, the Justice De- Senate will be in order. licans and Democrats have done, I partment, all 50 States across the Senators, under the rules, cannot think, in every election for a long country had done—agreed that the challenge the content of the response. time, to say there are improprieties votes were counted. The people had Counsel will continue. going on in terms of conforming with spoken, and it was time for the peace- Mr. Counsel VAN DER VEEN. May I State election laws, with the idea of ful transfer of power as our Constitu- have the question read again, please? mobilizing a mob insurrection against tion and the rule of law demands. The legislative clerk read as follows: the government that got 5 people Sixty-one courts—61 courts—the Presi- The House prosecutors have stated over killed, 140 Capitol officers wounded, dent went to. That is fine, appropriate. and over again that President Trump was and threatened the actual peaceful suc- He lost. He lost. He lost the election. perpetrating a big lie when he repeatedly cession of power and transfer of power He lost the court case. claimed that the election was stolen from him and that he actually won the election by in America. As Leader MCCONNELL recognized the a landslide. If you want to talk about reforming day after the electors certified the Are the prosecutors right when they claim the electoral college, we can talk about votes on December 14, he said: that Trump was telling a big lie or, in your reforming the electoral college. You Many millions of us had hoped that the judgment, did Trump actually win the elec- don’t do it by violence. Presidential election would yield a different tion?

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.034 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S688 CONGRESSIONAL RECORD — SENATE February 12, 2021 Mr. Counsel VAN DER VEEN. In my Had the House managers done their The PRESIDENT pro tempore. Sen- judgment, it is irrelevant to the ques- investigation, maybe somebody would ator MERKLEY submits a question for tion before this body. What is relevant have an answer to that, but they the House managers. in this Impeachment Article is, were didn’t. They did zero investigation. The clerk will read the question. Mr. Trump’s words inciteful to the They did nothing. They looked into The legislative clerk read as follows: point of violence and riot? That is the nothing. They read newspaper articles. If a President spins a big lie to anger charge. That is the question; and the They talked to their friends—you Americans and stokes the fury by repeating the lie at event after event and invites vio- answer is, no, he did not have speech know, a TV reporter or something or lent groups to DC the day and hour nec- that was inciteful to violence or riot. something or another. essary to interrupt the electoral college Now, what is important to under- But, Jiminy Cricket, there is no due count and does nothing to stop those groups stand here is the House managers have process in this proceeding at all, and from advancing on the Capitol and fails to completely, from the beginning of this that question highlights the problem. summon the National Guard to protect the case to right now, done everything ex- When you have no due process, you Capitol and then expresses pleasure and de- cept answer that question—the ques- have no clear-cut answers, but we do light that the Capitol was under attack, is tion they brought before you, the ques- the President innocent of inciting an insur- know that there was, I think, a certain rection because in a speech he says ‘‘be tion they want my client to be pun- level of foreseeability. It looks like, peaceful’’? ished by. That is the question that from the information they were pre- The PRESIDENT pro tempore. The should be getting asked. senting, some law enforcement knew House managers have 5 minutes. The answer is, he advocated for that something could be happening. Mr. Manager CASTRO of Texas. You peaceful, patriotic protest. Those are In my presentation, we knew that the all ask a very important question, his words. The House managers have mayor, 2 days before—before—had been which is, given everything that the shown zero—zero—evidence that his offered to have Federal troops or Na- President did leading up to the elec- words did anything else. Remember, all tional Guard deployed, beef up security tion, after the election, and leading up of the evidence is this was premedi- here, and Capitol Police. It was offered. to January 6, all of the incitement of tated; the attack on the Capitol was So somebody had to have an inkling of his supporters, whom he convinced preplanned. It didn’t have anything to something. My question is, Who ig- with a big lie over and over that the do with Mr. Trump in any way, what he nored it and why? If an investigation election had been stolen from them and said on that day on January 6 at that were done, we would know the answer from him, and then once the mob had Ellipse, and that is the issue before to that too. stormed the Capitol, the Vice Presi- this Senate. Thank you. dent was in danger, the Speaker was in Now, on the issue of contesting elec- The PRESIDENT pro tempore. The danger, the Members of the House and tions and the results, the Democrats House managers have 21⁄2 minutes. the Senate and all the staff here—the have a long, long history of just doing Ms. Manager PLASKETT. First, if janitorial staff, the cafeteria workers, that. I hope everybody was able to see defense counsel has exculpatory evi- everybody—and all of the hot rhetoric the video earlier today. Over and over dence, you are welcome to give it to us. that he spoke with and then simply a again, it has been contested. When Mr. We would love to see it. You have had few times said ‘‘stay peaceful’’—re- Trump was elected President, we were an opportunity to give us evidence that member, he said ‘‘stay peaceful’’ when told that it was hijacked. would exculpate the President. Haven’t they had already gotten violent, when The PRESIDENT pro tempore. The seen it yet. they had already brought weapons, former President’s counsel’s 21⁄2 min- Everyone—the defense counsel wants when they had already hurt people. utes has expired. to blame everyone else except the per- What he never said was: Stop the at- The Senator from Wisconsin. son who was most responsible for what tack. Leave the Capitol. Leave imme- Mr. JOHNSON. Mr. President, I send happened on January 6, and that is diately. a question to the desk for both parties. President Trump, Donald Trump. He is Let me be clear. The President’s mes- The PRESIDENT pro tempore. The the person who foresaw this the most sage in that January 6 speech was in- Senator from Wisconsin sends a ques- because he had the reports; he had ac- cendiary. So in the entire speech, tion for both counsel for the former cess to the information. He, as well, which was roughly 1,100 words, he used President and the House managers. had—we all know how he is an avid the word ‘‘peaceful’’ once, and using The clerk will read the question, and cable news watcher. He knew what was the word ‘‘peaceful’’ was the only sug- the counsel for the former President going to happen. He cultivated these gestion of nonviolence. President will have the first 21⁄2 minutes. individuals. These are the undisputed Trump used the word ‘‘fight’’ or ‘‘fight- The legislative clerk read as follows: facts. ing’’ 20 times. The House managers assert that the Janu- The National Guard was not deployed Now, again, consider the context. He ary 6 attack was predictable, and it was fore- until over 2 hours after the attack. I had been telling them a big lie over and seeable. If so, why did it appear that law en- over, getting them amped up, getting forcement at the Capitol were caught off heard reference to Mayor Bowser in the defense’s presentation. Mayor Bowser them angry because an election had guard and unable to prevent the breach? Why been stolen from them. There are thou- did the House Sergeant at Arms reportedly does not have authority over the Cap- sands of people in front of him. Some of turn down a request to activate the National itol or Federal buildings. She could not them are carrying weapons and arms. Guard, stating that he was not comfortable deploy the National Guard to the Cap- They are angry. He is telling them to with the optics? itol. That is outside of the jurisdiction fight. The PRESIDENT pro tempore. Coun- of the Mayor of the District of Colum- sel for the former President is recog- President Trump’s words in that bia. speech, just like the mob’s actions, nized. At no point in that entire day did the were carefully chosen. His words in- Mr. Counsel VAN DER VEEN. Would President of the United States, our you read the question again, please? cited their actions. Now, how do we Commander in Chief, tell anyone—law know this? For months, the President The PRESIDENT pro tempore. The enforcement struggling for their lives, clerk will read the question again. had told his supporters his big lie that insurgents who felt empowered by the the election was rigged, and he used The legislative clerk read as follows: sheer quantity of them, any of us in The House managers assert that the Janu- the lie to urge his supporters not to this building, or the American people— concede and to stop the steal. ary 6 attack was predictable, and it was fore- that he was sending help. seeable. If so, why did it appear that law en- Mr. Manager RASKIN. If you rob a forcement at the Capitol were caught off He did not defend the Capitol. The bank and on the way out the door, you guard and unable to prevent the breach? Why President of the United States did not yell ‘‘respect private property,’’ that is did the House Sergeant at Arms reportedly defend the Capitol of this country. It is not a defense to robbing the bank. turn down a request to activate the National indefensible. The PRESIDENT pro tempore. The Guard, stating that he was not comfortable The PRESIDENT pro tempore. The Senator from Texas. with the optics? Senator from Oregon. Mr. CRUZ. Mr. President, I send a Mr. Counsel VAN DER VEEN. Holy Mr. MERKLEY. Mr. President, I send question to the desk directed at both cow. That is a really good question. a question to the desk. sides.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.037 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S689 The PRESIDENT pro tempore. The Come on, get real. We know that this The Senator from Washington. Senator from Texas has a question for is what happened. Mrs. MURRAY. Mr. President, I send both sides. The second thing is the foreseeability a question to the desk. The clerk will read the question, and of it. Was it foreseeable? Remember The PRESIDENT pro tempore. The the House managers will go first for 21⁄2 Lansing, MI, and everything we showed Senator from Washington, Senator minutes. you. They didn’t mention that, of MURRAY, has a question for the House The legislative clerk read as follows: course. Remember the MAGA 2 march, managers. Out of their 16 hours, the House managers the MAGA 2 rally. They didn’t mention The clerk will read the question. devoted all of 15 minutes to articulating a that. The violence all over the rally, The legislative clerk read as follows: newly created legal standard for incitement: the President cheering it on, delighting At 6:01 p.m. eastern time on January 6, 1, was violence foreseeable; 2, did he encour- in it, reveling in it, exalting in it. President Trump tweeted: age violence; 3, did he do so willfully? Is this Come on. How gullible do you think These are the things that happen when a new standard derived from the Criminal we are? We saw this happen. We just sacred landslide election victory is so Code or any Supreme Court case? spent 11 or 12 hours looking at all that. unceremoniously and viscously stripped While violent riots were raging, KAMALA The PRESIDENT pro tempore. The away from great patriots who have been HARRIS said on national TV: managers’ time has expired. badly and unfairly treated for so long. They’re not gonna let up—and they should Adding for rioters to ‘‘go home with love not. Counsel for the former President has and in peace.’’ 1 And she also raised money to bail out vio- 2 ⁄2 minutes. What is the relevance of this tweet to lent rioters. Mr. Counsel VAN DER VEEN. Sen- President Trump’s guilt? Using the managers’ proposed standard, is ator CRUZ, I believe the first part of there any coherent way for Donald Trump’s The PRESIDENT pro tempore. The your question refers to the newly cre- House managers are recognized for up words to be incitement and KAMALA HARRIS’ ated Raskin doctrine on the First words not to be incitement? to 5 minutes. Amendment, and he just—his answer Mr. Manager CASTRO of Texas. Sen- Mr. Manager RASKIN. Thank you, actually gave you a new one: appro- Mr. President and Senators. ators, this was a key quote and a key priateness. statement by the President that day— I am not familiar with the statement The standard that this body needs to that horrific day. that is being referred to with respect to follow for law is Brandenburg v. Ohio, Remember, the Capitol had been the Vice President, but I find it abso- and the test really—the three-part test stormed. It had been attacked. People lutely unimaginable that Vice Presi- really comes out of Bible Believers v. had yelled, ‘‘Hang Mike Pence.’’ People dent HARRIS would ever incite violence Wayne County, to be specific. The had gone after Speaker PELOSI. People or encourage or promote violence. Ob- speech has to be explicitly or implic- brought baseball bats and other weap- viously, it is completely irrelevant to itly encouraged, the use of ‘‘violence.’’ ons. Many Members of Congress in the the proceeding at hand, and I will allow In other words, it has to be in the Senate and the House were fearful for her to defend herself. words itself, which is—clearly, it is not their own lives. The President’s lawyers are pointing in the words itself. That is step one. The President didn’t call the Na- out that we have never had any situa- They don’t get past it. tional Guard. His own administration tion like this before in the history of Two, the speaker intends that his didn’t list him as somebody who they the United States, and it is true. There speech will result in use of violence or had spoken with to activate the Guard. has never been a President who has en- lawless action. There is no evidence of And he said: couraged a violent insurrection against that, and it is ludicrous to believe that our own government. So we really have that would be true. Remember this day forever. nothing to compare it to. So what we Third, the imminent use of violence So if he was not guilty of inciting in- do in this trial will establish a stand- or lawless action is likely to result surrection, if this is not what he want- ard going forward for all time. from speech. ed, if it wasn’t what he desired, by that Now, there are two theories that Also, they fail on all three points of time the carnage had been on tele- have been put before you, and I think the law as we know it and needs to be vision for hours. He saw what was we have got to get past all of the pica- applied here. going on. Everybody saw what was yune, little critiques that have been of- I don’t know why he said he never going on. fered today about this or that. Let’s heard KAMALA HARRIS say about the If it wasn’t what he wanted, why focus on what is really at stake here. riots and the people rioting and ruining would he have said, ‘‘Remember this The President’s lawyers say, echoing our businesses and our streets that day forever’’? Why commemorate a day the President, his conduct was totally they are not going to let up and they like that, an attack on the U.S. Cap- appropriate; in other words, he would should not because we played it three itol, for God’s sake? Why would you do do it again. Exactly what he did is the times today. We gave it to you in that, unless you agreed that it was new standard for what is allowable for audio, I read it to you, and you got it something to praise, not condemn; him or any other President who gets in video. That is what she said. But it something to hold up and commemo- into office. is protected speech. Her speech is pro- rate? Our point is that his incitement so tected also, Senator. That is the point. No consoling the Nation, no reas- overwhelmed any possible legal stand- You all have protections as elected suring that the Government was se- ard we have that we have got the op- officials, the highest protections under cure, not a single word that entire day portunity now to declare that Presi- the First Amendment, and that First condemning the attack or the dential incitement to violent insurrec- Amendment applies here in this Cham- attackers or the violent insurrection tion against the Capitol and the Con- ber to this proceeding. And that is against Congress. gress is completely forbidden to the what you need to keep focused on. You This tweet is important because it President of the United States under need to keep focused on what is the law shows two key points about Donald the impeachment clauses. and how do we apply it to this set of Trump’s state of mind. First, this was So we set forth for you the elements facts. It is your duty. You can’t get entirely and completely foreseeable, of encouragement of violence, and we caught up in all of the rhetoric and the and he foresaw it, and he helped incite saw it overwhelmingly. We know that facts that are irrelevant. You need to it over many months. he picked the date of that rally. In keep focused on what is the issue be- He’s saying: I told you this was going fact, there was another group that was fore you decided based on the law— to happen if you certified the election going to have a rally at another date, Brandenburg and Bible Believers—and for anyone else besides me, and you got and he got it moved to January 1. He apply it to the facts, and that requires what you deserve for trying to take it synchronized exactly with the time you to look at the words, and there away from me. that we would be in joint session, and were no words of incitement of any And we know this because that state- as Representative CHENEY said: kind. ment was entirely consistent with ev- He summoned that mob, he assembled that The PRESIDENT pro tempore. The erything he said leading up to the at- mob, he incited that mob, he lit the match. counsels’ time has expired. tack.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.039 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S690 CONGRESSIONAL RECORD — SENATE February 12, 2021 Second, this shows that Donald time, and I am sure Mr. Trump very was being hunted down by a mob that Trump intended and reveled in this. much is concerned and was concerned wanted to hang him and was chanting Senators, he reveled in this. He de- for the safety and well-being of Mr. in this building: ‘‘Hang Mike Pence. lighted in it. This is what he wanted. Pence and everybody else who was over Hang Mike Pence.’’ ‘‘Traitor. Traitor. ‘‘Remember this day forever,’’ he here. Traitor.’’ said—not as a day of disgrace, as it is Thank you. The PRESIDENT pro tempore. The to all of us, but as a day of celebration The PRESIDENT pro tempore. The time for the answer is up. and commemoration, and if we let it, if manager on the part of the House of Next question? we don’t hold him accountable and set Representatives has 21⁄2 minutes. The Senator from West Virginia. a strong precedent, possibly a continu- Mr. Manager RASKIN. Thank you, Mr. MANCHIN. Mr. President, I send ation later on. Mr. President. a question to the desk directed to the We will, of course, all of us, remem- Counsel said before: This has been House managers. ber this day but not in the same way my worst experience in Washington. The PRESIDENT pro tempore. The that Donald Trump suggested. We will For that, I guess we are sorry, but, Senator from West Virginia has a ques- remember the bravery of our Capitol man, you should have been here on tion for the House managers. and Metro police forces. We will re- January 6. The clerk will read the question. member the officer who lost his life The counsel for the President keeps The legislative clerk read as follows: and sadly the others who did as well, blaming the House for not having the Would the President be made aware of the and the devastation that was done to evidence that is within the sole posses- FBI and intelligence information of a pos- this country because of Donald Trump. sion of their client, who we invited to sible attack and would the President be re- The PRESIDENT pro tempore. The come and testify last week. sponsible for not preparing to protect the Senator from Louisiana. We sent a letter on February 4. I sent Capitol and all elected officials of govern- Mr. CASSIDY. Mr. President, I send a it directly to President Trump, invit- ment with National Guard and law enforce- ing him to come and to explain and fill ment as he did when he appeared in front of question to the desk. the Saint John’s Episcopal Church? The PRESIDENT pro tempore. The in the gaps of what we know about Ms. Manager PLASKETT. It is the Senator from Louisiana, Mr. CASSIDY, what happened there. And they sent responsibility of the President to has a question for both counsel for the back a contemptuous response just a know. former President and counsel for the few hours later. I think they, maybe, The President of the United States, House. even responded more quickly to my our Commander in Chief, gets daily The clerk will read it, and counsel for letter than President Trump did as briefings on what is happening in the the former President will go first, for Commander in Chief to the invasion country that he has a duty to protect. 21⁄2 minutes, and then the House of and storming of the Capitol of the Additionally, the President would have Representatives will have 21⁄2 minutes. United States. known, just like the rest of us know, The legislative clerk read as follows: But in that letter I said: You know, if you decline this invitation, we reserve all of the reports that were out there Senator TUBERVILLE reports that he spoke and publicly available. to President Trump at 2:15 p.m. He told the all rights, including the right to estab- President that the Vice President had just lish at trial that your refusal to testify How many of you received calls say- evacuated. I presume it was understood at supports a strong adverse inference. ing to be careful on January 6, to be this time that rioters had entered the Cap- What’s that? Well, Justice Scalia was careful that day? itol and threatened the safety of Senators the great champion of it. If you don’t I’m not—I’m seeing reports. It and the Vice President. Even after hearing of testify in a criminal case, it can’t be doesn’t seem safe. How much more this, at 2:24 p.m. President Trump tweeted used against you. Everybody knows would the President of the United that Mike Pence ‘‘lacked courage,’’ and he that. That is the Fifth Amendment States? did not call for law enforcement backup Donald Trump, as our Commander in until then. privilege against self-incrimination. This tweet and lack of response suggests But if it is a civil case and you plead Chief, absolutely had a duty and a President Trump did not care that Vice the Fifth or you don’t show up, then, sworn oath to preserve, protect, and President Pence was endangered, or that law according to Justice Scalia and the defend us and to do the same for the of- enforcement was overwhelmed. Does this rest of the Supreme Court, you can in- ficers under his command. And he was show that President Trump was tolerant of terpret every disputed fact against the not just our Commander in Chief. He the intimidation of Vice President Pence? defendant. That is totally available to incited the attack. The insurgents were The PRESIDENT pro tempore. Coun- us. following his commands, as we saw sel has 21⁄2 minutes. So, for example, if we say the Presi- when we read aloud his tweets attack- Mr. Counsel VAN DER VEEN. Di- dent was missing in action for several ing the Vice President. rectly, no. But I dispute the premise of hours and he was derelict in his duty And with regard to the Vice Presi- your facts. I dispute the facts that are and he deserted his duty as Commander dent, I’m sure they did have a good re- laid out in that question and, unfortu- in Chief, and we say that, as inciter-in- lationship, but we all know what can nately, we are not going to know the chief, he didn’t call this off and they happen to one who has a good relation- answer to the facts in this proceeding say: Oh, no, he was really doing what- ship with the President when you de- because the House did nothing to inves- ever he can. If you are puzzled about cide to do something that he doesn’t tigate what went on. that, you can resolve that dispute— like. I am sure some of you have expe- We are trying to get hearsay from that factual dispute—against the de- rienced that when he turns against you Mr. TUBERVILLE. There was hearsay fendant who refuses to come to a civil after you don’t follow his command. from Mr. LEE—I think it was two proceeding. He will not spend one day You heard from my colleagues that, nights ago—and we ended where Mr. in jail if you convict him. This is not a when planning this attack, the insur- LEE was accused of making a state- criminal proceeding. This is about pre- gents predicted that Donald Trump ment that he never made. But it was a serving the Republic, dear Senate. would command the National Guard to report from a reporter from a friend of That is what this is about—setting help them. Well, he didn’t do much bet- somebody who had some hearsay that standards of conduct for the President ter. He may not have commanded the they heard the night before at a bar of the United States so this never hap- Guard to help them, but it took way, somewhere. I mean, that is really the pens to us again. way too long for him to command the kind of evidence that the House has So rather than yelling at us and Guard to help us. brought before us. And so I have a screaming about how ‘‘we didn’t have This is all connected. We’re talking problem with the facts in the question time’’ to get all of the facts about what about free speech? This was a pattern because I have no idea, and nobody your client did, bring your client up and practice of months of activity. from the House has given us any oppor- here and have him testify under oath That was the incitement. That is the tunity to have any idea. about why he was sending out tweets incitement—the activity he was en- But Mr. Trump and Mr. Pence have denouncing the Vice President of the gaged in for months before January 6, had a very good relationship for a long United States while the Vice President not just the speech on January 6. All of

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.041 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S691 it, in its totality, is a dereliction of It puts us into a position where we And they all called their First Amend- duty of the President of the United are the kind of judicial system and ment arguments frivolous, which they States against the people who elected governing body that we are all very, are. him—all of the people of this country. very afraid of. From what we left hun- Now, they have retreated to the posi- Mr. SULLIVAN. Mr. President. dreds of years ago, and when regimes tion of Brandenburg v. Ohio. They The PRESIDENT pro tempore. The all around this world that endanger want their client to be treated like a Senator from Alaska. us—that is how they act; that is how guy at the mob, I think they said, a Mr. SULLIVAN. Mr. President, I send they conduct themselves: without giv- guy in the crowd who yells something a question to the desk for the former ing the accused due process, taking out. Even on that standard, this group President’s counsel. their liberty, without giving them just of law professors said there is a very The PRESIDENT pro tempore. The a basic fundamental right, under the strong argument that he is guilty even Senator from Alaska, Senator SUL- 5th to the 14th applied to the States, under the strict Brandenburg standard. LIVAN, has a question for the House due process. If you take away due proc- Why? Because he incited imminent, counsel. ess in this country from the accused, if lawless action and he intended to do it The clerk will read the question. you take that away, there will be no and he was likely to cause it. How did The legislative clerk read as follows: justice and nobody, nobody will be safe. we know he was likely to cause it? He Mr. SULLIVAN. Mr. President. But it is patently unfair for the did cause it. They overran the Capitol, The PRESIDENT pro tempore. For House managers to bring an impeach- right? the former President’s counsel. Sorry ment proceeding without any—again, So even if you want to hold the about that. without any investigation at all and President of the United States of Mr. SULLIVAN. Thank you, sir. then stand up here and say: One, they America to that minimal standard and The legislative clerk read as follows: had a chance to bring us evidence; and, forget about his constitutional oath of The House manager said yesterday that two, let’s, let’s, let’s see what we can office, as I said before, that would be a due process is discretionary, meaning the dereliction of legislative duty on our House is not required to provide and, indeed, do about flipping around somebody’s did not provide in this snap impeachment other constitutional rights to having a part if we said all we are going to do is any constitutional protection to a defendant lawyer or to having a—to see the evi- treat the President of the United in the House impeachment proceedings. dence at all. It just gets brought in States like one of the people he sum- What are the implications for our constitu- without anybody, as it was here, with- moned to Washington to commit an in- tional order of this new House precedent out anybody having an opportunity to surrection against us. OK. combined with the Senate’s power to dis- review it beforehand. They actually The President swore to preserve, pro- qualify from public office a private citizen in sent it to us on the 9th, the day after tect, and defend the Constitution of the an impeachment trial? we started this. United States. That is against all The PRESIDENT pro tempore. Coun- So it is a really big problem. The due comers, domestic or foreign. That is sel has 5 minutes. process clause applies to this impeach- what ours says, right? Did he do that? Mr. Counsel VAN DER VEEN. Mr. ment hearing, and it has been severely No. On the contrary. He is like the fire President, that is a complicated ques- and extremely violated. This process is chief. He doesn’t just say: Go ahead tion. Could I have that read again? so unconstitutional because it violates and shout ‘‘fire’’ inside a theater. He The legislative clerk read as follows: due process. I am not even going to get summons the mob and sends the mob The House managers said yesterday that into the jurisdiction part. to go burn the theater down, and when due process is ‘‘discretionary,’’ meaning the The due process part should be people start madly calling him and House is not required to provide, and indeed ringing alarm bells, he watches it on did not provide in this snap impeachment, enough to give anybody who loves our any constitutional protections to a defend- Constitution and loves our country TV. And he takes his sweet time for ant in House impeachment proceedings. great pause to do anything but acquit several hours and turns up the heat on What are the implications for our constitu- Donald Trump. the deputy fire chief, whom he is mad tional order of this new House precedent Thank you. at because he is not making it possible combined with the Senate’s power to dis- The PRESIDENT pro tempore. The for him to pursue his political objec- qualify from public office a private citizen in Senator from Connecticut. tives. an impeachment trial? Mr. BLUMENTHAL. Mr. President, I And then, when we say, ‘‘We don’t Mr. Counsel VAN DER VEEN. Mr. send a question to the desk for the want you to be fire chief ever again,’’ President, well, first of all, due process House managers. he starts crying about the First is never discretionary. Good Lord, the The PRESIDENT pro tempore. The Amendment. Brandenburg was a case Constitution requires that the accused Senator from Connecticut, Senator about a bunch of Klansmen who assem- have the right to due process because BLUMENTHAL, has a question for the bled in a field, and they weren’t near the power that a prosecutor has to take House managers. anybody such that they could actually somebody’s liberty when they are pros- The clerk will read the question. do violent damage to people, but they ecuting them is the ultimate thing The legislative clerk read as follows: said some pretty repulsive, racist that we try to save. Former President Trump and his attorneys things. But the Supreme Court said In this case, just now, in the last 2 have cited the Brandenburg v. Ohio case in they weren’t inciting imminent lawless hours, we have had prosecutorial mis- support of their argument that the First action because you couldn’t have a conduct. What they just tried to do was Amendment protects Trump. Did the Bran- mob, for example, break out, the way say that it is our burden to bring them denburg case prohibit holding public officials that this mob broke out and took over evidence to prove their case, and it is accountable, through the impeachment proc- the Capitol of the United States of not. It is not our burden to bring any ess, for the incitement of violence? America. evidence forward at all. Mr. Manager RASKIN. Thank you, And, by the way, don’t compare him What is the danger? Well, the danger Mr. President, Senators. to one of those Klansmen in the field is pretty obvious. If the majority party So let’s start with the letter of more asserting their First Amendment doesn’t like somebody in the minority than 140 constitutional law professors, rights. Assume that he were the chief party and they are afraid they may which I think they described as par- of police of the town who went down to lose the election or if it is somebody in tisan in nature. That is a slur on the that rally and started calling for, you the majority party and there is a pri- law professors, and I hope that they know, a rally at the city hall and then vate citizen who wants to run against would withdraw that. There are very nurturing that mob, cultivating that somebody in the majority party, well, conservative luminaries on that list, mob, pulling them in over a period of they can simply bring impeachment including the cofounder of the Fed- weeks and days, naming the date and proceedings. And, of course, without eralist Society, Ronald Reagan’s the time and the place, riling them up due process, they are not going to be former Solicitor General, Charles beforehand, and then just say: Be my entitled to a lawyer. They are not Fried; as well as prominent law profes- guest. Go and stop the steal. going to be entitled to have notice of sors across the intellectual, ideolog- Come on. Back to Tom Paine. Use the charges against them. ical, and First Amendment spectrum. your common sense. Use your common

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.042 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S692 CONGRESSIONAL RECORD — SENATE February 12, 2021 sense. That is the standard of proof we In Brandenburg, through—again, for almost 4 years before he incited want. They are already treating their Bible Believers require you to look at this violent insurrection against us, client like he is a criminal defendant. the words of the speech. You actually and he violated his oath of office. That They are talking about beyond a rea- can’t go outside the words of the is what this impeachment trial is sonable doubt. They think that we are speech. You are not allowed to in the about—his violation of his oath of of- making a criminal case here. analysis. fice and his refusal to uphold the law My friends, the former President is So all the time they are trying to and take care that the laws are faith- not going to spend 1 hour or 1 minute spend on tweets going back to 2015 or fully executed. in jail. This is about protecting our Re- everything they want to focus on that Please don’t desecrate the name of public and articulating and defining was said in the hours and the days Julian Bond, a great American, by the standards of Presidential conduct, afterward are not applicable or rel- linking him with this terrible plot and if you want this to be a standard evant to the scholastic inquiry as to against America that just took place in for totally appropriate Presidential how the First Amendment is applied in the storming of the U.S. Capitol. conduct going forward, be my guest, this Chamber in this proceeding. So, I am going to turn it over to my col- but we are headed for a very different again, we need to be focused on what is league Ms. PLASKETT. kind of country at that point. the law and then how do we apply it to Ms. Manager PLASKETT. Thank The PRESIDENT pro tempore. The this set of facts. you. Senator from Kansas. So it is important to have that un- Let’s just be clear. President Trump Mr. MARSHALL. Mr. President, I derstanding that elected officials and summoned the mob, assembled the send a question to the desk. fire chiefs are treated differently under mob, lit the flame. Everything that fol- The PRESIDENT pro tempore. The First Amendment law, and that is to lowed was his doing. Although he could Senator from Kansas, Mr. MARSHALL, the benefit of you all, which is to the have immediately and forcefully inter- has a question for the counsel for the benefit of us all because we do want vened to stop the violence, he didn’t. In former President. other words, this attack would not The clerk will read the question. you to be able to speak freely without have happened without him. The legislative clerk read as follows: fear that the majority party is going to This attack is not about one speech. The House Managers’ single Article of Im- come in and impeach you or come in peachment is centered on the accusation and prosecute you to try to take away Most of you men would not have your that President Trump singularly incited a your seat where you sit now. That is wives with one attempt of talking to crowd into a riot. Didn’t the House man- not what the Constitution says should her. agers’ contradict their own charge by out- be done. (Laughter.) lining the premeditated nature and planning But, yes, they do. They do contradict It took numerous tries. You had to of this event and by also showing the crowd themselves, of course. build it up. That is what the President was gathered at the Capitol even before the Thank you. did as well. He put together the group speech started and barriers were pushed over that would do what he wanted, and some 20 minutes before the conclusion of The PRESIDENT pro tempore. The President Trump’s speech? Senator from Maryland. that was to stop the certification of the election so that he could retain Mr. Counsel VAN DER VEEN. Yes. Mr. VAN HOLLEN. Mr. President, I power to be President of the United The House managers contradicted their send a question to the desk for the States, in contravention of an Amer- own charge by outlining the premedi- House managers. ican election. tated nature and planning of this event The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The and by also showing the crowd gath- Senator from Maryland, Senator VAN Senator from Florida. ered at the Capitol, even before the HOLLEN, has a question for the man- Mr. RUBIO. Mr. President, I send a speech started, and barriers were agers. question to the desk. pushed over some 20 minutes before the The clerk will read the question. The legislative clerk read as follows: The PRESIDENT pro tempore. The conclusion of President Trump’s question is from the Senator from speech. The answer is yes. Would you please respond to the answer Florida, and it is to both sides. And I want to take the rest of my that was just given by the former President’s counsel? The clerk will read the question. The time to go back to the last question be- House managers will go first for the cause it was completely missed by the The PRESIDENT pro tempore. The first 21⁄2 minutes. House managers. House manager will be recognized. Brandenburg v. Ohio is an incitement Mr. Manager RASKIN. Mr. President, The legislative clerk read as follows: case. It is not an elected official case. thank you. Voting to convict the former President That is Wood and Bond. And the whole I am not sure which question the would create a new precedent that a former official can be convicted and disqualified by problem that the House managers have Senator was referring to, but let me quickly just dispense with the coun- the Senate. Therefore, is it not true that in understanding the First Amendment under this new precedent, a future House, argument here is that elected officials sel’s invocation again of Bond v. Floyd. facing partisan pressure to ‘‘Lock her up,’’ are different than anybody else. He is This is a case I know well, and I thank could impeach a former Secretary of State talking about fire chiefs. Fire chiefs him raising it. and a future Senate be forced to put her on are not elected officials. Police officers Julian Bond was a friend of mine. He trial and potentially disqualify from any fu- aren’t elected officials. was a colleague of mine at American ture office? Elected officials have a different, a University. He was a great civil rights The PRESIDENT pro tempore. The higher standard on the holdings that I hero. In his case, he got elected to the House managers go first. gave you—the highest protections, I Georgia State Legislature and was a Mr. Manager RASKIN. Mr. President, should say. It is not a higher standard. member of SNCC, the Student Non- Senators, three quick points here. It is a higher protection to your speech violent Coordinating Committee, the First of all, I don’t know how many because of the importance of political great committee headed up by the times I can say it. The jurisdictional dialogue. Because of what you all say great Bob Moses for a long time. He got issue is over. It is gone. The Senate in your public debate about policy, elected to the Georgia Legislature, and settled it. The Senate entertained ju- about the things that affect all of our they didn’t want to allow him to be risdiction exactly the way it has done lives, that is really important stuff, sworn in. They wouldn’t allow him to since the very beginning of the Repub- and you should be free to talk about take his oath of office because SNCC lic in the Blount case, in the Belknap that in just about any way that you had taken a position against the Viet- case, and you will remember, both of can. nam war. So the Supreme Court said them, former officials. Brandenburg comes into play, from a that was a violation of his First In this case, we have a President who constitutional analysis perspective, Amendment rights not to allow him to committed his crimes against the Re- when you are talking about incite- be sworn in. public while he was in office. He was ment. Is the speech itself inciteful to That is the complete opposite of Don- impeached by the House of Representa- riot or lawlessness—one of the two— ald Trump. Not only was he sworn in tives while he was in office. So the hy- and the answer here is no. on January 20, 2017, he was President pothetical suggested by the gentleman

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.044 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S693 from Florida has no bearing on this other public officials withstood enormous are and if we don’t set a precedent case because I don’t think you are pressure to uphold the lawful election of against it, more Presidents will do this talking about an official who was im- President Biden and the rule of law. What in the future. This will be a green light peached while they were in office for would have happened if these officials had for them to engage in that kind of pres- bowed to the force President Trump exerted conduct that they committed while or the mob that attacked the Capitol? sure and that kind of conduct. they were in office. This could have gone a very different The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The way if those elected officials had bowed counsel for the former President has House managers have 5 minutes. to the intimidation and the pressure of Mr. Manager CASTRO of Texas. I 21⁄2 minutes. the President of the United States. It Mr. Counsel VAN DER VEEN. Thank want to take a minute and remind ev- would have meant that, instead of the you. erybody about the incredible pressure American people deciding this election, Could I have the question read again that Donald Trump was putting on President Trump alone would have de- to make sure I have it right and can election officials in different States in cided this American election. That is answer it directly? this country and the intimidation that exactly what was at stake, and that is The legislative clerk read as follows: he was issuing, and I want to remind exactly what he was trying to do. He Voting to convict the former President everyone of the background of Donald intended, wanted to, and tried to over- would create a new precedent that a former Trump’s call to one secretary of state, turn the election by any means nec- official can be convicted and disqualified by the secretary of state from Georgia, essary. He tried everything else that he the Senate. Therefore, is it not true that Mr. Raffensperger. could do to win. He started inciting the under this new precedent, a future House, Donald Trump tried to overturn the crowd; issuing tweet after tweet; facing partisan pressure to ‘‘Lock her up,’’ election by any means necessary. He issuing commands to stop the count, could impeach a former Secretary of State tried again and again to pressure and stop the steal. He worked up the crowd, and a future Senate be forced to put her on threaten election officials to overturn trial and potentially disqualify from any fu- sent a ‘‘save the date.’’ ture office? the election results. He pressured So it wasn’t just one speech or one Michigan officials, calling them late at Mr. Counsel VAN DER VEEN. If you thing; he was trying everything. He night and hosting them at the White see it their way, yes. If you do this the was pressuring elected officials. He was House. way they want it done, that could hap- riling up his base, telling them the He did the same thing with officials election had been stolen from them, pen to, the example there, a former in Pennsylvania. He called into a local Secretary of State. But it could happen that it had been stolen from him. It meeting of the Pennsylvania Legisla- was a combination of things that only to a lot of people, and that is not the ture, and he also hosted them at the way this is supposed to work. Not only Donald Trump could have done. For us White House, where he pressured them. to believe otherwise is to think that could it happen to a lot of people, it In Georgia, it was even worse. He somehow a rabbit came out of a hat would become much more regular too. sent tweet after tweet attacking the But I want to address that, and I and this mob just showed up here on secretary of state until Mr. want you to be clear on this. Mr. their own, all by themselves. Raffensperger got death threats to him RASKIN can’t tell you on what grounds This is dangerous, Senators, and the and his family. His wife got a text that you acquit. If you believe—even though future of our democracy truly rests in said: there was a vote that there is jurisdic- your hands. tion, if you believe jurisdiction is un- Your husband deserves facing a firing The PRESIDENT pro tempore. The squad. constitutional, you can still believe Senator from Texas. that. If you believe that the House did A firing squad for doing his job. Mr. CORNYN. Mr. President, I send a not give appropriate due process in Mr. Raffensperger stood up to him. question to the desk. this, that can be your reason to acquit. He told the world that elections are the The PRESIDENT pro tempore. The If you don’t think they met their bur- bedrock of this society and the votes Senator from Texas, Mr. CORNYN, has a den in proving incitement, that these were accurately counted for Donald question for both counsel for the words incited the violence, you can ac- Trump’s opponent. former President and the House man- Officials like Mr. Sterling warned quit. Mr. RASKIN doesn’t get to give agers. Trump that if this continued, someone you under what grounds you can ac- The clerk will read the question, and is going to get killed, but Donald quit. So you have to look at what they we will recognize first the counsel for Trump didn’t stop. He escalated it even have put on in its totality and come to the former President. further. He made a personal call. your own understanding as to whether The legislative clerk read as follows: He made a personal call. You heard you think they have met their burden The House managers have argued that if that call because it was recorded. The the Senate cannot convict former officers, to impeach. then the Constitution creates a January ex- But the original question is an abso- President of the United States told the secretary of state that if he does not ception pursuant to which a President is free lutely slippery slope that I don’t really to act with impunity because he is not sub- think anybody here wants to send this find votes, he will face criminal pen- alties. ject to impeachment, conviction, and re- country down. moval and/or disqualification. But isn’t a Thank you. Please, Senators, consider that for a President subject to criminal prosecution Mr. BENNET. Mr. President, I send a second, the President putting all of after he leaves office for acts committed in question to the desk. this public and private pressure on office, even if those acts are committed in The PRESIDENT pro tempore. The elected officials, telling them that they January? Senator from Colorado sends a ques- could face criminal penalties if they Mr. Counsel CASTOR. The Senator tion to the desk. don’t do what he wants. from Texas’s question raises a very, I would note just for the—as the hour And not just any number of votes very important point. There is no such tends to get late, I would note for all that he was looking for—Donald Trump thing as a January exception to im- counsel, as Chief Justice Roberts noted was asking the secretary of state to peachment. There is only the text of on January 21, 2020, citing the trial of somehow find the exact number of the Constitution, which makes very Charles Swayne in 1905, all parties in votes Donald Trump lost the State by. clear that a former President is subject this Chamber must refrain from using Remember, President Biden won Geor- to criminal sanction after his Presi- language that is not conducive to civil gia by 11,779 votes. In his own words, dency for any illegal acts he commits. discourse. President Trump said: There is no January exception to im- The Senator from Colorado, Senator All I want to do is this. I just want to find peachment. There is simply a way we BENNET, has a question for the House 11,780 votes. treat high crimes and misdemeanors managers, and the clerk will read the He wanted the secretary of state to allegedly committed by a President question. somehow find the precise number, plus when he is in office—impeachment— The legislative clerk read as follows: one, of votes that he needed to win. and how we treat criminal behavior by Since the November election, the Georgia As a Congress and as a nation, we a private citizen when they are not in Secretary of State, the Vice President, and cannot be numb to this conduct. If we office.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.045 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 12, 2021 The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The January 6 was a day of fear for those House managers. time is up. who work here in the Capitol and of Mr. Manager RASKIN. Mr. President, Mr. Manager RASKIN. Thank you. sadness for many more watching from Senators, thank you for this excellent The PRESIDENT pro tempore. The afar, but that awful day also intro- question. majority leader. duced our Nation to a group of heroes Wouldn’t a President who decides to Mr. SCHUMER. Mr. President, it is whom we in Congress were already commit his crimes in the last few my understanding that there are no proud to call our colleagues and to weeks in office, like President Trump further questions on either side. whom we owe a great debt. by inciting the insurrection against The PRESIDENT pro tempore. The In the face of lawlessness, the officers the counting of electoral college votes, Republican leader. of the U.S. Capitol lived out the fullest Mr. MCCONNELL. That is correct. I be subject to criminal prosecution by sense of their oaths. If not for the know of no further questions on our the U.S. attorney for the District of quick thinking and bravery of Officer Columbia, for example, the Depart- side. Mr. SCHUMER. I ask unanimous con- Eugene Goodman in particular, people ment of Justice? in this Chamber may not have escaped Well, of course he would be, but that sent that the time for questions and that day unharmed. Officer Goodman’s is true of the President regardless of answers be considered expired. actions reflect a deep personal commit- when he commits his offense in office. The PRESIDENT pro tempore. With- ment to duty and brought even greater In other words, that is an argument for out objection, it is so ordered. prosecuting him if he tried to stage an Mr. SCHUMER. Now, Mr. President, I distinction upon all of the brave broth- insurrection against the Union in his ask unanimous consent that it be in ers and sisters in uniform. So I am third year in office or his second year order for myself and Senator MCCON- proud the Senate has taken this step in office. You could say, well, he could NELL to speak for up to 1 minute each forward, recognizing his heroism with be prosecuted afterwards. and then it be in order for me to make the highest honor we can bestow. The reason that the Framers gave a unanimous consent request as if in (Applause, Senators rising.) Congress—the House the power to im- legislative session. Mr. SCHUMER. Mr. President, as if peach; the Senate the power to try, The PRESIDENT pro tempore. With- in legislative session, I ask unanimous convict, remove, and disqualify, was to out objection, it is so ordered. consent that the Committee on Bank- protect the Republic. It is not a vindic- f ing, Housing, and Urban Affairs be dis- charged from further consideration of tive power. OFFICER EUGENE GOODMAN CON- I know a lot of people are very angry S. 35 and that the Senate proceed to its GRESSIONAL GOLD MEDAL ACT with Donald Trump about these ter- immediate consideration. rible events that took place. We don’t Mr. SCHUMER. Mr. President, in a The PRESIDENT pro tempore. With- come here in anger, contrary to what moment I will ask the Senate to pass out objection, it is so ordered. you heard today. We come here in the legislation that would award Capitol The clerk will report the bill by title. spirit of protecting our Republic, and Police Officer Eugene Goodman the The legislative clerk read as follows: that is what it is all about. But their Congressional Gold Medal. A bill (S. 35) to award a Congressional Gold January exception would essentially In the weeks after the attack on Jan- Medal to Officer Eugene Goodman. invite Presidents and other civil offi- uary 6, the world learned about the in- There being no objection, the com- cers to run rampant in the last few credible, incredible bravery of Officer mittee was discharged and the Senate weeks in office on the theory that the Goodman on that fateful day. proceeded to consider the bill. House and the Senate wouldn’t be able Here in this trial, we saw new video, Mr. SCHUMER. I ask unanimous con- to get it together in time—certainly powerful video showing calmness under sent that the Van Hollen substitute pressure, his courage in the line of according to their demands for months amendment which is at the desk be duty, his foresight in the midst of and months of investigation—wouldn’t considered and agreed to; that the bill, chaos, and his willingness to make be able to get it together in time in as amended, be considered read a third himself a target of the mob’s rage so order to vindicate the Constitution. time and passed; and that the motion That can’t be right. That can’t be that others might reach safety. Officer Goodman is in the Chamber to reconsider be considered made and right. laid upon the table. We know that the peaceful transfer tonight. Officer Goodman, thank you. The PRESIDENT pro tempore. With- of power is always the most dangerous (Applause, Senators rising.) out objection, it is so ordered. moment for democracies around the The PRESIDENT pro tempore. The The amendment (No. 890) in the na- world. Talk to the diplomats. Talk to Republican leader. ture of a substitute was agreed to, as the historians. They will tell you that Mr. SCHUMER. Leader MCCONNELL. follows: is a moment of danger. That is when Mr. MCCONNELL. Oh, I am sorry. [Purpose: In the nature of a substitute] you get the coups. That is when you Mr. SCHUMER. I just want to say I Strike all after the enacting clause and in- get the insurrections. That is when you think we can all agree that Eugene sert the following: get the seditious plots. And you know Goodman deserves the highest honor SECTION 1. SHORT TITLE. what, you don’t even have to read his- Congress can bestow. But before we This Act may be cited as the ‘‘Officer Eu- tory for that. You don’t even have to move to pass this legislation, I want to gene Goodman Congressional Gold Medal consult the Framers. You don’t have to be clear that he was not alone that Act’’. look around the world. It just happened day. The Nation saw and has now seen SEC. 2. FINDINGS. to us. The moment when we were just numerous examples of the heroic con- The Congress finds the following: going to collect the already-certified duct of the Capitol Police, the Metro- (1) On January 6, 2021, the United States electoral college votes from the States politan Police, and the SWAT teams Capitol Building was attacked by armed in- by the popular majorities within each surrectionists. that were with us on January 6 here in (2) Members of the United States Capitol State—except for Maine and Nebraska, the Capitol, protecting us. Our heart- Police force were overrun and insurrection- which do it by congressional district as felt gratitude extends to each and ists breached the Capitol at multiple points. well as statewide, but otherwise, it is every one of them, particularly now as (3) Around 2:14 in the afternoon, United just the popular majorities in the members of the force continue to bear States Capitol Police Officer Eugene Good- States. And we were about to certify it, scars, seen and unseen, from the events man confronted an angry group of insurrec- and we got hit by a violent, insurrec- of that disgraceful day. Let us give tionists who unlawfully entered the Capitol, tionary mob. them all the honor and recognition according to video footage taken by Igor Bobic, a reporter with the Huffington Post. Don’t take our word for it. Listen to they so justly deserve. the tapes, unless they are going to (4) Officer Goodman, alone, delayed the (Applause, Senators rising.) mob’s advance towards the United States claim those are fabricated too. And the The PRESIDENT pro tempore. The Senate Chamber and alerted his fellow offi- people are yelling: ‘‘This is our house Republican leader. cers to the location of the insurrectionists. now’’ and ‘‘Where are the ‘blank’ votes Mr. MCCONNELL. Mr. President, I (5) Upon reaching a second floor corridor, at?’’ and ‘‘Show us the votes,’’ et am pleased to join the majority lead- Officer Goodman noticed the entrance to the cetera. er’s request. Senate Chamber was unguarded.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.047 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S695 (6) As the mob approached, Officer Good- There being no objection, the mate- adequate to fully record the proceedings of man intentionally diverted attention away rial was ordered to be printed in the each committee or subcommittee meeting or from the Senate entrance and led the mob to RECORD, as follows: conference whether or not such meetings or an alternate location and additional await- any part thereof is closed pursuant to the ing officers. SENATE COMMITTEE ON HEALTH, specific provisions of subsections (b) and (d) (7) At 2:15 in the afternoon, a Washington EDUCATION, LABOR, AND PENSIONS of rule 26.5 of the Standing Rules of the Sen- Post reporter from inside the Senate Cham- PATTY MURRAY, CHAIR ate, unless a majority of said members vote ber noted ‘‘Senate sealed’’ with Senators, RULES OF PROCEDURE (AS AGREED TO to forgo such a record. Such records shall staff, and members of the press inside. FEBRUARY 11, 2021) contain the vote cast by each member of the (8) Officer Eugene Goodman’s selfless and Rule 1.—Subject to the provisions of rule committee or subcommittee on any question quick-thinking actions doubtlessly saved XXVI, paragraph 5, of the Standing Rules of on which a ‘‘yea and nay’’ vote is demanded, lives and bought security personnel precious the Senate, regular meetings of the com- and shall be available for inspection by any time to secure and ultimately evacuate the mittee shall be held on the second and fourth committee member. The clerk of the com- Senate before the armed mob breached the Wednesday of each month, at 10:00 a.m., in mittee, or the clerk’s designee, shall have Chamber. room SD–430, Dirksen Senate Office Build- the responsibility to make appropriate ar- (9) Amidst a shocking, unpatriotic attack ing. The chair may, upon proper notice, call rangements to implement this rule. on the Capitol, Officer Goodman’s heroism is such additional meetings as she may deem Rule 8.—The committee and each sub- recognized not only by Members of Congress necessary. committee shall undertake, consistent with and staff but also by the people of the United Rule 2.—The chair of the committee or of a the provisions of rule XXVI, paragraph 4, of States they represent. subcommittee, or if the chair is not present, the Standing Rules of the Senate, to issue (10) By putting his own life on the line and the ranking majority member present, shall public announcement of any hearing or exec- successfully, single-handedly leading insur- preside at all meetings. The chair may des- utive session it intends to hold at least one rectionists away from the floor of the Senate ignate the ranking minority member to pre- week prior to the commencement of such Chamber, Officer Eugene Goodman per- side at hearings of the committee or sub- hearing or executive session. In the case of formed his duty to protect the Congress with committee. an executive session, the text of any bill or distinction, and by his actions, Officer Good- Rule 3.—Meetings of the committee or a joint resolution to be considered must be man left an indelible mark on American his- subcommittee, including meetings to con- provided to the chair for prompt electronic tory. duct hearings, shall be open to the public ex- distribution to the members of the com- (11) Officer Goodman’s actions exemplify cept as otherwise specifically provided in mittee. the heroism of the many men and women subsections (b) and (d) of rule 26.5 of the Rule 9.—The committee or a subcommittee who risked their lives to defend the Capitol Standing Rules of the Senate. shall require all witnesses heard before it to on January 6, 2021. Rule 4.—(a) Subject to paragraph (b), one- file written statements of their proposed tes- SEC. 3. CONGRESSIONAL GOLD MEDAL. third of the membership of the committee, timony at least 24 hours before a hearing, (a) PRESENTATION AUTHORIZED.—The actually present, shall constitute a quorum unless the chair and the ranking minority Speaker of the House of Representatives and for the purpose of transacting business. Any member determine that there is good cause the President pro tempore of the Senate quorum of the committee which is composed for failure to so file, and to limit their oral shall make appropriate arrangements for the of less than a majority of the members of the presentation to brief summaries of their ar- presentation, on behalf of the Congress, of a committee shall include at least one member guments. Testimony may be filed electroni- gold medal of appropriate design to Officer of the majority and one member of the mi- cally. The presiding officer at any hearing is Eugene Goodman. nority. authorized to limit the time of each witness (b) DESIGN AND STRIKING.— (b) A majority of the members of a sub- appearing before the committee or a sub- (1) IN GENERAL.—For the purposes of the committee, actually present, shall con- committee. The committee or a sub- presentation referred to in subsection (a), stitute a quorum for the purpose of committee shall, as far as practicable, uti- the Secretary of the Treasury (referred to in transacting business: provided, no measure lize testimony previously taken on bills and this Act as the ‘‘Secretary’’) shall strike the or matter shall be ordered reported unless measures similar to those before it for con- gold medal with suitable emblems, devices, such majority shall include at least one sideration. and inscriptions, to be determined by the member of the minority who is a member of Rule 10.—Should a subcommittee fail to re- Secretary. the subcommittee. If, at any subcommittee port back to the full committee on any (2) IMAGE AND NAME.—The design shall bear meeting, a measure or matter cannot be or- measure within a reasonable time, the chair an image of, and inscription of the name of, dered reported because of the absence of such may withdraw the measure from such sub- Officer Eugene Goodman. a minority member, the measure or matter committee and report that fact to the full SEC. 4. DUPLICATE MEDALS. shall lay over for a day. If the presence of a committee for further disposition. The Secretary may strike and sell dupli- member of the minority is not then ob- Rule 11.—No subcommittee may schedule a cates in bronze of the gold medal struck pur- tained, a majority of the members of the suant to section 3 under such regulations as meeting or hearing at a time designated for subcommittee, actually present, may order the Secretary may prescribe, at a price suffi- a hearing or meeting of the full committee. such measure or matter reported. cient to cover the cost thereof, including No more than one subcommittee executive (c) No measure or matter shall be ordered labor, materials, dies, use of machinery, and meeting may be held at the same time. reported from the committee or a sub- overhead expenses. Rule 12.—It shall be the duty of the chair in committee unless a majority of the com- accordance with section 133(c) of the Legisla- SEC. 5. STATUS OF MEDALS. mittee or subcommittee is physically (a) NATIONAL MEDALS.—The medals struck tive Reorganization Act of 1946, as amended, present. to report or cause to be reported to the Sen- pursuant to this Act are national medals for Rule 5.—With the approval of the chair of purposes of chapter 51 of title 31, United ate, any measure or recommendation ap- the committee or subcommittee, one mem- States Code. proved by the committee and to take or ber thereof may conduct public hearings (b) NUMISMATIC ITEMS.—For purposes of cause to be taken, necessary steps to section 5134 of title 31, United States Code, other than taking sworn testimony. Rule 6.—Proxy voting shall be allowed on bring the matter to a vote in the Sen- all medals struck under this Act shall be ate. considered to be numismatic items. all measures and matters before the com- mittee or a subcommittee if the absent Rule 13.—Whenever a meeting of the com- The bill (S. 35), as amended, was or- member has been informed of the matter on mittee or subcommittee is closed pursuant dered to be engrossed for a third read- which he is being recorded and (1) has affirm- to the provisions of subsection (b) or (d) of ing, was read the third time, and atively requested that he be so recorded. rule 26.5 of the Standing Rules of the Senate, passed. While proxies may be voted on a motion to no person other than members of the com- (The bill, as amended, will be printed report a measure or matter from the com- mittee, members of the staff of the com- in a future edition of the RECORD.) mittee, such a motion shall also require the mittee, and designated assistants to mem- concurrence of a majority of the members bers of the committee shall be permitted to f who are actually present at the time such attend such closed session, except by special MORNING BUSINESS action is taken. dispensation of the committee or sub- The committee may poll any matters of committee or the chair thereof. committee business as a matter of unani- Rule 14.—The chair of the committee or a SENATE COMMITTEE ON HEALTH, mous consent; provided that every member subcommittee shall be empowered to adjourn EDUCATION, LABOR, AND PEN- is polled and every poll consists of the fol- any meeting of the committee or a sub- SIONS RULES OF PROCEDURE lowing two questions: committee if a quorum is not present within (1) Do you agree or disagree to poll the pro- fifteen minutes of the time schedule for such Mrs. MURRAY. Mr. President, I ask posal; and meeting. unanimous consent that the following (2) Do you favor or oppose the proposal. Rule 15.—Whenever a bill or joint resolu- committee rules be printed in the Rule 7.—There shall be prepared and kept a tion shall be before the committee or a sub- RECORD. complete transcript or electronic recording committee for final consideration, the clerk

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.003 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S696 CONGRESSIONAL RECORD — SENATE February 12, 2021 shall distribute to each member of the com- mony, may be accompanied by counsel of his Senate to publicly announce the date, place, mittee or subcommittee a document, pre- own choosing who shall be permitted, while and subject matter of any hearing at least pared by the sponsor of the bill or joint reso- the witness is testifying, to advise him of his one week prior to the commencement of such lution. If the bill or joint resolution has no legal rights. hearing. underlying statutory language, the docu- (e) No confidential testimony taken or con- The spirit of this requirement is to assure ment shall consist of a detailed summary of fidential material presented in an executive adequate notice to the public and other the purpose and impact of each section. If hearing, or any report of the proceedings of Members of the Senate as to the time and the bill or joint resolution repeals or amends such an executive hearing, shall be made subject matter of proposed hearings. In the any statute or part thereof, the document public, either in whole or in part or by way spirit of section 133A(a) and in order to as- shall consist of a detailed summary of the of summary, unless authorized by a majority sure that members of the committee are underlying statute and the proposed changes of the members of the committee or sub- themselves fully informed and involved in in each section of the underlying law and ei- committee. the development of hearings: ther a print of the statute or the part or sec- Rule 18.—Presidential nominees shall sub- 1. Public notice of the date, place, and sub- tion thereof to be amended or replaced show- mit a statement of their background and fi- ject matter of each committee or sub- ing by stricken-through type, the part or nancial interests, including the financial in- committee hearing should be inserted in the parts to be omitted and, in italics, the mat- terests of their spouse and children living in Congressional Record seven days prior to the ter proposed to be added, along with a sum- their household, on a form approved by the commencement of such hearing. mary of the proposed changes; or a side-by- committee which shall be sworn to as to its 2. At least seven days prior to public notice side document showing a comparison of cur- completeness and accuracy. The committee of each committee or subcommittee hearing, rent law, the proposed legislative changes, form shall be in two parts— the majority should provide notice to the and a detailed description of the proposed (I) information relating to employment, minority of the time, place and specific sub- changes. education and background of the nominee re- ject matter of such hearing. Rule 16.—An appropriate opportunity shall lating to the position to which the individual 3. At least three days prior to the date of be given the minority to examine the pro- is nominated, and which is to be made pub- such hearing, the committee or sub- posed text of committee reports prior to lic; and, committee should provide to each member a their filing or publication. In the event there (II) information relating to financial and list of witnesses who have been or are pro- are supplemental, minority, or additional other background of the nominee, to be made posed to be invited to appear. views, an appropriate opportunity shall be public when the committee determines that 4. The committee and its subcommittee given the majority to examine the proposed such information bears directly on the nomi- should, to the maximum feasible extent, en- text prior to filing or publication. Unless the nee’s qualifications to hold the position to force the provisions of rule 9 of the com- chair and ranking minority member agree on which the individual is nominated. mittee rules as it relates to the submission a shorter period of time, the minority shall Information relating to background and fi- of written statements of witnesses twenty- have no fewer than three business days to nancial interests (parts I and II) shall not be four hours in advance of a hearing. prepare supplemental, minority or addi- required of nominees for less than full-time Witnesses will be urged to submit testi- tional views for inclusion in a committee re- appointments to councils, commissions or mony even earlier whenever possible. When port from the time the majority makes the boards when the committee determines that statements are received in advance of a hear- proposed text of the committee report avail- some or all of the information is not rel- ing, the committee or subcommittee (as ap- able to the minority. evant to the nature of the position. Informa- propriate) should distribute copies of such Rule 17.—(a) The committee, or any sub- tion relating to other background and finan- statements to each of its members. Witness committee, may issue subpoenas, or hold cial interests (part II) shall not be required testimony may be submitted and distributed hearings to take sworn testimony or hear of any nominee when the committee deter- electronically. subpoenaed witnesses, only if such investiga- mines that it is not relevant to the nature of EXECUTIVE SESSIONS FOR THE PURPOSE OF tive activity has been authorized by major- the position. MARKING UP BILLS ity vote of the committee. Committee action on a nomination, includ- (b) For the purpose of holding a hearing to ing hearings or meetings to consider a mo- In order to expedite the process of marking take sworn testimony or hear subpoenaed tion to recommend confirmation, shall not up bills and to assist each member of the witnesses, three members of the committee be initiated until at least five days after the committee so that there may be full and fair or subcommittee shall constitute a quorum: nominee submits the form required by this consideration of each bill which the com- provided, with the concurrence of the chair rule unless the chair, with the concurrence mittee or a subcommittee is marking up the and ranking minority member of the com- of the ranking minority member, waives this following procedures should be followed: mittee or subcommittee, a single member waiting period. 1. Seven days prior to the proposed date for may hear subpoenaed witnesses or take Rule 19.—Subject to statutory require- an executive session for the purpose of mark- sworn testimony. ments imposed on the committee with re- ing up bills the committee or subcommittee (c) The committee may, by a majority spect to procedure, the rules of the com- (as appropriate) should provide written no- vote, delegate the authority to issue sub- mittee may be changed, modified, amended tice to each of its members as to the time, poenas to the chair of the committee or a or suspended at any time; provided, not less place, and specific subject matter of such subcommittee, or to any member designated than a majority of the entire membership so session, including an agenda listing each bill by such chairman. Prior to the issuance of determine at a regular meeting with due no- or other matters to be considered and includ- each subpoena, the ranking minority mem- tice, or at a meeting specifically called for ing: ber of the committee or subcommittee, and that purpose. (a) a copy of each bill, joint resolution, or any other member so requesting, shall be no- Rule 20.—When the ratio of members on the other legislative matter (or committee print tified regarding the identity of the person to committee is even, the term ‘‘majority’’ as thereof) to be considered at such executive whom it will be issued and the nature of the used in the committee’s rules and guidelines session; and information sought and its relationship to shall refer to the party of the chair for pur- (b) a copy of a summary of the provisions the authorized investigative activity, except poses of party identification. Numerical re- of each bill, joint resolution, or other legis- where the chair of the committee or sub- quirements for quorums, votes and the like lative matter to be considered at such execu- committee, in consultation with the ranking shall be unaffected. tive session including, whenever possible, an minority member, determines that such no- Rule 21.—First degree amendments must be explanation of changes to existing law pro- tice would unduly impede the investigation. filed with the chair at least 24 hours before posed to be made. All information obtained pursuant to such an executive session. The chair shall prompt- 2. Insofar as practical, prior to the sched- investigative activity shall be made avail- ly distribute all filed amendments electroni- uled date for an executive session for the able as promptly as possible to each member cally to the members of the committee. The purpose of marking up bills, the committee of the committee requesting same, or to any chair may modify the filing requirements to or a subcommittee (as appropriate) should assistant to a member of the committee des- meet special circumstances with the concur- provide each member with a copy of the ignated by such member in writing, but the rence of the ranking minority member. printed record or a summary of any hearings use of any such information is subject to re- Rule 22.—In addition to the foregoing, the conducted by the committee or a sub- strictions imposed by the rules of the Sen- proceedings of the committee shall be gov- committee with respect to each bill, joint ate. Such information, to the extent that it erned by the Standing Rules of the Senate resolution, or other legislative matter to be is relevant to the investigation shall, if re- and the provisions of the Legislative Reorga- considered at such executive session. quested by a member, be summarized in nization Act of 1946, as amended. writing as soon as practicable. Upon the re- f GUIDELINES OF THE SENATE COMMITTEE ON quest of any member, the chair of the com- HEALTH, EDUCATION, LABOR, AND PENSIONS mittee or subcommittee shall call an execu- SENATE COMMITTEE ON AGRI- WITH RESPECT TO HEARINGS, MARKUP SES- tive session to discuss such investigative ac- SIONS, AND RELATED MATTERS CULTURE, NUTRITION, AND FOR- tivity or the issuance of any subpoena in ESTRY RULES OF PROCEDURE connection therewith. HEARINGS (d) Any witness summoned to testify at a Section 133A(a) of the Legislative Reorga- Ms. STABENOW. Mr. President, the hearing, or any witness giving sworn testi- nization Act requires each committee of the Committee on Agriculture, Nutrition,

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.014 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S697 and Forestry has adopted rules gov- ings, 48 hours in advance of the hearing that the taking of sworn or unsworn testimony at erning its procedures for the 117th Con- attendance will be taken. Otherwise, no at- any duly scheduled hearing, a quorum of the gress. Pursuant to rule XXVI, para- tendance will be taken. Attendance at all committee and the subcommittee thereof hearings is encouraged. graph 2, of the Standing Rules of the shall consist of one member. RULE 3—HEARING PROCEDURES 5.2 Business.—A quorum for the trans- Senate, on behalf of myself and Sen- 3.1 Notice.—Public notice shall be given of action of committee or subcommittee busi- ator BOOZMAN, I ask unanimous con- the date, place, and subject matter of any ness, other than for reporting a measure or sent that a copy of the Committee hearing to be held by the committee or any recommendation to the Senate or the taking rules be printed in the RECORD. subcommittee at least 1 week in advance of of testimony, shall consist of one-third of There being no objection, the mate- such hearing unless the Chairman of the full the members of the committee or sub- rial was ordered to be printed in the committee or the subcommittee determines committee, including at least one member RECORD, as follows: that the hearing is noncontroversial or that from each party. special circumstances require expedited pro- 5.3 Reporting.—A majority of the member- RULES OF THE COMMITTEE ON AGRICULTURE, cedures and a majority of the committee or ship of the committee shall constitute a NUTRITION, AND FORESTRY—117TH CONGRESS the subcommittee involved concurs. In no quorum for reporting bills, nominations, RULE I—MEETINGS case shall a hearing be conducted with less matters, or recommendations to the Senate. 1.1 Regular Meetings.—Regular meetings than 24 hours notice. No measure or recommendation shall be or- shall be held on the first and third Wednes- 3.2 Witness Statements.—Each witness who dered reported from the committee unless a day of each month when Congress is in ses- is to appear before the committee or any majority of the committee members are sion. subcommittee shall file with the committee physically present. The vote of the com- 1.2 Additional Meetings.—The Chairman, or subcommittee, at least 24 hours in ad- mittee to report a measure or matter shall in consultation with the ranking minority vance of the hearing, a written statement of require the concurrence of a majority of member, may call such additional meetings his or her testimony and as many copies as those members who are physically present at as he deems necessary. the Chairman of the committee or sub- the time the vote is taken. committee prescribes. 1.3 Notification.—In the case of any meet- RULE 6—VOTING ing of the committee, other than a regularly 3.3 Minority Witnesses.—In any hearing conducted by the committee, or any sub- 6.1 Rollcalls.—A roll call vote of the mem- scheduled meeting, the clerk of the com- bers shall be taken upon the request of any mittee shall notify every member of the committee thereof, the minority members of the committee or subcommittee shall be en- member. committee of the time and place of the meet- titled, upon request to the Chairman by the 6.2 Proxies.—Voting by proxy as authorized ing and shall give reasonable notice which, ranking minority member of the committee by the Senate rules for specific bills or sub- except in extraordinary circumstances, shall or subcommittee to call witnesses of their jects shall be allowed whenever a quorum of be at least 24 hours in advance of any meet- selection during at least 1 day of such hear- the committee is actually present. ing held in Washington, DC, and at least 48 ing pertaining to the matter or matters 6.3 Polling.—The committee may poll any hours in the case of any meeting held outside heard by the committee or subcommittee. matters of committee business, other than a Washington, DC. 3.4 Swearing in of Witnesses.—Witnesses in vote on reporting to the Senate any meas- 1.4 Called Meeting.—If three members of committee or subcommittee hearings may be ures, matters or recommendations or a vote the committee have made a request in writ- required to give testimony under oath when- on closing a meeting or hearing to the pub- ing to the Chairman to call a meeting of the ever the Chairman or ranking minority lic, provided that every member is polled and committee, and the Chairman fails to call member of the committee or subcommittee every poll consists of the following two ques- such a meeting within 7 calendar days there- deems such to be necessary. tions: after, including the day on which the written 3.5 Limitation.—Each member shall be (1) Do you agree or disagree to poll the pro- notice is submitted, a majority of the mem- limited to 5 minutes in the questioning of posal; and bers may call a meeting by filing a written any witness until such time as all members (2) Do you favor or oppose the proposal. notice with the clerk of the committee who who so desire have had an opportunity to If any member requests, any matter to be shall promptly notify each member of the question a witness. Questions from members polled shall be held for meeting rather than committee in writing of the date and time of shall rotate from majority to minority mem- being polled. The chief clerk of the com- the meeting. bers in order of seniority or in order of ar- mittee shall keep a record of all polls. rival at the hearing. 1.5 Adjournment of Meetings.—The Chair- RULE 7—SUBCOMMITTEES man of the committee or a subcommittee RULE 4—NOMINATIONS 7.1 Assignments.—To assure the equitable shall be empowered to adjourn any meeting 4.1 Assignment.—All nominations shall be assignment of members to subcommittees, of the committee or a subcommittee if a considered by the full committee. no member of the committee will receive as- quorum is not present within 15 minutes of 4.2 Standards.—In considering a nomina- signment to a second subcommittee until, in the time scheduled for such meeting. tion, the committee shall inquire into the order of seniority, all members of the com- nominee’s experience, qualifications, suit- RULE 2—MEETINGS AND HEARINGS IN GENERAL mittee have chosen assignments to one sub- ability, and integrity to serve in the position 2.1 Open Sessions.—Business meetings and committee, and no member shall receive as- hearings held by the committee or any sub- to which he or she has been nominated. 4.3 Information.—Each nominee shall sub- signment to a third subcommittee until, in committee shall be open to the public except mit in response to questions prepared by the order of seniority, all members have chosen as otherwise provided for in Senate Rule committee the following information: assignments to two subcommittees. XXVI, paragraph 5. (1) A detailed biographical resume which 7.2 Attendance.—Any member of the com- 2.2 Transcripts.—A transcript shall be kept contains information relating to education, mittee may sit with any subcommittee dur- of each business meeting and hearing of the employment, and achievements; ing a hearing or meeting but shall not have committee or any subcommittee unless a (2) Financial information, including a fi- the authority to vote on any matter before majority of the committee or the sub- nancial statement which lists assets and li- the subcommittee unless he or she is a mem- committee agrees that some other form of abilities of the nominee; and ber of such subcommittee. permanent record is preferable. (3) Copies of other relevant documents re- 7.3 Ex Officio Members.—The Chairman 2.3 Reports.—An appropriate opportunity quested by the committee. Information re- and ranking minority member shall serve as shall be given the Minority to examine the ceived pursuant to this subsection shall be nonvoting ex officio members of the sub- proposed text of committee reports prior to available for public inspection except as spe- committees on which they do not serve as their filing or publication. In the event there cifically designated confidential by the com- voting members. The Chairman and ranking are supplemental, minority, or additional mittee. minority member may not be counted to- views, an appropriate opportunity shall be 4.4 Hearings.—The committee shall con- ward a quorum. given the Majority to examine the proposed duct a public hearing during which the nomi- 7.4 Scheduling.—No subcommittee may text prior to filing or publication. nee shall be called to testify under oath on schedule a meeting or hearing at a time des- 2.4 Attendance.—(a) Meetings. Official at- all matters relating to his or her suitability ignated for a hearing or meeting of the full tendance of all markups and executive ses- for office. No hearing shall be held until at committee. No more than one subcommittee sions of the committee shall be kept by the least 48 hours after the nominee has re- business meeting may be held at the same committee clerk. Official attendance of all sponded to a prehearing questionnaire sub- time. subcommittee markups and executive ses- mitted by the committee. 7.5 Discharge.—Should a subcommittee fail sions shall be kept by the subcommittee 4.5 Action on Confirmation.—A business to report back to the full committee on any clerk. meeting to consider a nomination shall not measure within a reasonable time, the Chair- (b) Hearings. Official attendance of all occur on the same day that the hearing on man may withdraw the measure from such hearings shall be kept, provided that, Sen- the nominee is held. The Chairman with the subcommittee and report that fact to the ators are notified by the committee Chair- agreement of the ranking minority member, full committee for further disposition. The man and ranking minority member, in the may waive this requirement. full committee may at any time, by major- case of committee hearings, and by the sub- RULE 5—QUORUMS ity vote of those members present, discharge committee Chairman and ranking minority 5.1 Testimony—For the purpose of receiv- a subcommittee from further consideration member, in the case of subcommittee hear- ing evidence, the swearing of witnesses, and of a specific piece of legislation.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.012 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S698 CONGRESSIONAL RECORD — SENATE February 12, 2021 7.6 Application of Committee Rules to Sub- Transportation has adopted rules gov- Chair of the Committee or subcommittee, as committees.—The proceedings of each sub- erning its procedures for the 117th Con- applicable, may permit the witness to tes- committee shall be governed by the rules of gress. Pursuant to rule XXVI, para- tify, or deny the witness the privilege of tes- the full committee, subject to such author- tifying before the Committee, or permit the izations or limitations as the committee graph 2, of the Standing Rules of the Senate, I ask unanimous consent that witness to testify in response to questions may from time to time prescribe. from members without the benefit of giving RULE 8—INVESTIGATIONS, SUBPOENAS AND the accompanying rules for the Senate an opening statement. DEPOSITIONS Committee on Commerce, Science, and 4. FIELD HEARINGS.—Field hearings of the 8.1 Investigations.—Any investigation un- Transportation be printed in the full Committee, and any subcommittee dertaken by the committee or a sub- RECORD. committee in which depositions are taken or thereof, shall be scheduled only when au- There being no objection, the mate- thorized by the Chair and ranking minority subpoenas issued, must be authorized by a rial was ordered to be printed in the majority of the members of the committee member of the full Committee. RECORD, as follows: voting for approval to conduct such inves- RULE II—QUORUMS tigation at a business meeting of the com- RULES OF THE COMMITTEE ON COMMERCE, mittee convened in accordance with Rule 1. SCIENCE, AND TRANSPORTATION—117TH CON- 1. BILLS, RESOLUTIONS, AND NOMINATIONS.— 8.2 Subpoenas.—The Chairman, with the GRESS A majority of the members, which includes approval of the ranking minority member of RULE I—MEETINGS OF THE COMMITTEE at least 1 minority member, shall constitute the committee, is delegated the authority to 1. IN GENERAL.—The regular meeting dates a quorum for official action of the Com- subpoena the attendance of witnesses or the of the Committee shall be the first and third mittee when reporting a bill, resolution, or production of memoranda, documents, Wednesdays of each month. Additional meet- nomination. Proxies may not be counted in records, or any other materials at a hearing ings may be called by the Chair as the Chair making a quorum for purposes of this para- of the committee or a subcommittee or in may deem necessary, or pursuant to the pro- graph. connection with the conduct of an investiga- visions of paragraph 3 of rule XXVI of the tion authorized in accordance with para- Standing Rules of the Senate. 2. OTHER BUSINESS.—One-third of the en- graph 8.1. The Chairman may subpoena at- 2. OPEN MEETINGS.—Meetings of the Com- tire membership of the Committee shall con- tendance or production without the approval mittee, or any subcommittee, including stitute a quorum for the transaction of all of the ranking minority member when the meetings to conduct hearings, shall be open business as may be considered by the Com- Chairman has not received notification from to the public, except that a meeting or series mittee, except for the reporting of a bill, res- the ranking minority member of disapproval of meetings by the Committee, or any sub- olution, or nomination or authorizing a sub- of the subpoena within 72 hours, excluding committee, on the same subject for a period poena. Proxies may not be counted in mak- Saturdays and Sundays, of being notified of of no more than 14 calendar days may be ing a quorum for purposes of this paragraph. the subpoena. If a subpoena is disapproved by closed to the public on a motion made and 3. TAKING TESTIMONY.—For the purpose of the ranking minority member as provided in seconded to go into closed session to discuss this paragraph the subpoena may be author- taking sworn testimony a quorum of the only whether the matters enumerated in Committee and each subcommittee thereof, ized by vote of the members of the com- subparagraphs (A) through (F) would require mittee. When the committee or Chairman now or hereafter appointed, shall consist of 1 the meeting to be closed, followed imme- member of the Committee. authorizes subpoenas, subpoenas may be diately by a record vote in open session by a issued upon the signature of the Chairman or majority of the members of the Committee, RULE III—PROXIES any other member of the committee des- or any subcommittee, when it is determined ignated by the Chairman. When a record vote is taken in the Com- that the matter to be discussed or the testi- 8.3 Notice for Taking Depositions.—Notices mittee on any bill, resolution, amendment, for the taking of depositions, in an investiga- mony to be taken at such meeting or meet- ings— or any other question, the required quorum tion authorized by the committee, shall be being present, a member who is unable to at- authorized and be issued by the Chairman or (A) will disclose matters necessary to be kept secret in the interests of national de- tend the meeting may submit his or her vote by a staff officer designated by him. Such no- by proxy, in writing or through personal in- tices shall specify a time and place for exam- fense or the confidential conduct of the for- structions. ination, and the name of the Senator, staff eign relations of the United States; officer or officers who will take the deposi- (B) will relate solely to matters of Com- mittee staff personnel or internal staff man- RULE IV—CONSIDERATION OF BILLS AND tion. Unless otherwise specified, the deposi- RESOLUTIONS tion shall be in private. The committee shall agement or procedure; (C) will tend to charge an individual with not initiate procedures leading to criminal It shall not be in order during a meeting of crime or misconduct, to disgrace or injure or civil enforcement proceedings for a wit- the Committee to move to proceed to the ness’ failure to appear unless the deposition the professional standing of an individual, or consideration of any bill or resolution unless notice was accompanied by a committee sub- otherwise to expose an individual to public the bill or resolution has been filed with the poena. contempt or obloquy, or will represent a Clerk of the Committee not less than 48 8.4 Procedure for Taking Depositions.— clearly unwarranted invasion of the privacy hours in advance of the Committee meeting, Witnesses shall be examined upon oath ad- of an individual; (D) will disclose the identity of any in- in as many copies as the Chair of the Com- ministered by an individual authorized by mittee prescribes. This rule may be waived local law to administer oaths. The Chairman former or law enforcement agent or will dis- close any information relating to the inves- with the concurrence of the Chair and the will rule, by telephone or otherwise, on any ranking minority member of the full Com- objection by a witness. The transcript of a tigation or prosecution of a criminal offense mittee. deposition shall be filed with the committee that is required to be kept secret in the in- clerk. terest of effective law enforcement; RULE V—SUBPOENAS; COUNSEL; RECORD (E) will disclose information relating to RULE 9—AMENDING THE RULES the trade secrets of, or financial or commer- 1. SUBPOENAS.—The Chair, with the ap- These rules shall become effective upon publication in the Congressional Record. cial information pertaining specifically to, a proval of the ranking minority member of given person if— the Committee, may subpoena the attend- These rules may be modified, amended, or re- (1) an Act of Congress requires the infor- pealed by the committee, provided that all ance of witnesses for hearings and the pro- mation to be kept confidential by Govern- members are present or provide proxies or if duction of memoranda, documents, records, ment officers and employees; or or any other materials. The Chair may sub- a notice in writing of the proposed changes (2) the information has been obtained by poena such attendance of witnesses or pro- has been given to each member at least 48 the Government on a confidential basis, duction of materials without the approval of hours prior to the meeting at which action other than through an application by such thereon is to be taken. The changes shall be- the ranking minority member if the Chair or person for a specific Government financial or come effective immediately upon publication a member of the Committee staff designated other benefit, and is required to be kept se- of the changed rule or rules in the Congres- by the Chair has not received notification cret in order to prevent undue injury to the sional Record, or immediately upon approval competitive position of such person; or from the ranking minority member or a of the changes if so resolved by the com- (F) may divulge matters required to be member of the Committee staff designated mittee as long as any witnesses who may be kept confidential under other provisions of by the ranking minority member of dis- affected by the change in rules are provided law or Government regulations. approval of the subpoena within 72 hours, ex- with them. 3. STATEMENTS.—Each witness who is to cluding Saturdays and Sundays, of being no- f appear before the Committee or any sub- tified of the subpoena. If a subpoena is dis- SENATE COMMITTEE ON COM- committee shall file with the Committee, at approved by the ranking minority member MERCE, SCIENCE, AND TRANS- least 24 hours in advance of the hearing, a as provided in this paragraph, the subpoena PORTATION RULES OF PROCE- written statement of the witness’s testimony may be authorized by vote of the Members of in as many copies as the Chair of the Com- the Committee, the quorum required by DURE mittee or subcommittee prescribes. In the paragraph 1 of rule II being present. When Ms. CANTWELL. Mr. President, the event a witness fails to file a timely written the Committee or Chair authorizes a sub- Committee on Commerce, Science, and statement in accordance with this rule, the poena, it shall be issued upon the signature

VerDate Sep 11 2014 05:01 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.002 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S699 of the Chair or any other Member of the or broadcast only when authorized by the Subcommittee determines that exigent cir- Committee designated by the Chair. At the Chair and the ranking minority member of cumstances exist requiring that the session direction of the Chair, with notification to the full Committee. be held sooner. [f] Prior notice of first degree amend- the ranking minority member of not less RULE VII—SUBCOMMITTEES than 72 hours, the staff is authorized to take ments.—It shall not be in order for the Com- 1. HEARINGS.—Any member of the Com- depositions from witnesses. The ranking mi- mittee or a Subcommittee to consider any mittee may sit with any subcommittee dur- nority member, or a member of the Com- amendment in the first degree proposed to ing its hearings. mittee staff designated by the ranking mi- any measure under consideration by the 2. CHANGE OF CHAIR.—Subcommittees shall nority member, shall be given the oppor- Committee or Subcommittee unless fifty be considered de novo whenever there is a tunity to attend and participate in the tak- written copies of such amendment have been change in the Chair, and seniority on the ing of any deposition. Witnesses at deposi- delivered to the office of the Committee at particular subcommittee shall not nec- tions shall be examined upon oath adminis- least 2 business days prior to the meeting. It essarily apply. tered by an individual authorized by law to shall be in order, without prior notice, for a administer oaths, or administered by any f Senator to offer a motion to strike a single member of the Committee if one is present. section of any measure under consideration. 2. COUNSEL.—Witnesses may be accom- SENATE COMMITTEE ON BANKING, Such a motion to strike a section of the panied at a public or executive hearing, or HOUSING, AND URBAN AFFAIRS measure under consideration by the Com- the taking of a deposition, by counsel to ad- RULES OF PROCEDURE mittee or Subcommittee shall not be amend- vise them of their rights. Counsel retained able. This section may be waived by a major- by any witness and accompanying such wit- Mr. BROWN. Mr. President, the Com- ity of the members of the Committee or Sub- ness shall be permitted to be present during mittee on Banking, Housing, and committee voting, or by agreement of the the testimony of the witness at any public or Urban Affairs has adopted rules gov- Chairman and Ranking Member. This sub- executive hearing, or the taking of a deposi- erning its procedures for the 117th Con- section shall apply only when the conditions tion, to advise the witness, while the witness gress. Pursuant to Rules XXVI, para- of subsection [e][1] have been met. is testifying, of the witness’s legal rights. In [g] Cordon rule.—Whenever a bill or joint graph 2, of the Standing Rules of the resolution repealing or amending any stat- the case of any witness who is an officer or Senate, on behalf of myself and Sen- employee of the government, or of a corpora- ute or part thereof shall be before the Com- ator TOOMEY, I ask unanimous consent mittee or Subcommittee, from initial consid- tion or association, the Chair may rule that eration in hearings through final consider- representation by counsel from the govern- that a copy of the committee rules be ation, the Clerk shall place before each ment, corporation, or association or by coun- printed in the RECORD. member of the Committee or Subcommittee sel representing other witnesses, creates a There being no objection, the mate- a print of the statute or the part or section conflict of interest, and that the witness rial was ordered to be printed in the thereof to be amended or repealed showing may only be represented during testimony RECORD, as follows: by stricken-through type, the part or parts before the Committee by personal counsel RULES OF PROCEDURE FOR THE COMMITTEE ON to be omitted, and in italics, the matter pro- not from the government, corporation, or as- BANKING, HOUSING, AND URBAN AFFAIRS— posed to be added. In addition, whenever a sociation or by personal counsel not rep- AMENDED FEBRUARY 11, 2021 member of the Committee or Subcommittee resenting other witnesses. This paragraph RULE 1. REGULAR MEETING DATE FOR offers an amendment to a bill or joint resolu- shall not be construed to excuse a witness COMMITTEE tion under consideration, those amendments from testifying in the event the witness’s shall be presented to the Committee or Sub- counsel is ejected for conducting himself or The regular meeting day for the Com- committee in a like form, showing by typo- herself in such manner as to prevent, im- mittee to transact its business shall be the graphical devices the effect of the proposed pede, disrupt, obstruct, or interfere with the last Tuesday in each month that the Senate amendment on existing law. The require- orderly administration of a hearing or the is in Session; except that if the Committee ments of this subsection may be waived taking of a deposition. This paragraph may has met at any time during the month prior when, in the opinion of the Committee or not be construed as authorizing counsel to to the last Tuesday of the month, the regular Subcommittee Chairman, it is necessary to coach the witness or to answer for the wit- meeting of the Committee may be canceled expedite the business of the Committee or ness. The failure of any witness to secure at the discretion of the Chairman. Subcommittee. counsel shall not excuse the witness from RULE 2. COMMITTEE RULE 3. SUBCOMMITTEES complying with a subpoena. [a] Investigations.—No investigation shall [a] Authorization for.—A Subcommittee of 3. RECORD.—An accurate electronic or sten- be initiated by the Committee unless the the Committee may be authorized only by ographic record shall be kept of the testi- Senate, or the full Committee, or the Chair- the action of a majority of the Committee. mony of all witnesses in executive and public man and Ranking Member have specifically hearings and depositions. If testimony given [b] Membership.—No member may be a authorized such investigation. member of more than three Subcommittees by deposition is transcribed, the individual [b] Hearings.—No hearing of the Com- administering the oath shall certify on the and no member may chair more than one mittee shall be scheduled outside the Dis- Subcommittee. No member will receive as- transcript that the witness was duly sworn trict of Columbia except by agreement be- in his or her presence and the transcriber signment to a second Subcommittee until, in tween the Chairman of the Committee and order of seniority, all members of the Com- shall certify that the transcript is a true the Ranking Member of the Committee or by record of the testimony. The transcript with mittee have chosen assignments to one Sub- a majority vote of the Committee. committee, and no member shall receive as- these certifications shall be filed with the [c] Confidential testimony.—No confiden- chief clerk of the Committee. The record of signment to a third Subcommittee until, in tial testimony taken or confidential mate- order of seniority, all members have chosen a witness’s testimony, whether in public or rial presented at an executive session of the executive session or in a deposition, shall be assignments to two Subcommittees. Committee or any report of the proceedings [c] Investigations.—No investigation shall made available for inspection by the witness of such executive session shall be made pub- or the witness’s counsel under Committee be initiated by a Subcommittee unless the lic either in whole or in part or by way of Senate or the full Committee has specifi- supervision. A copy of any testimony given summary, unless specifically authorized by in public session, or that part of the testi- cally authorized such investigation. the Chairman of the Committee and the [d] Hearings.—No hearing of a Sub- mony given by the witness in executive ses- Ranking Member of the Committee or by a sion or deposition and subsequently quoted committee shall be scheduled outside the majority vote of the Committee. District of Columbia without prior consulta- or made part of the record in a public ses- [d] Interrogation of witnesses.—Committee sion, shall be provided to that witness at the tion with the Chairman and then only by interrogation of a witness shall be conducted agreement between the Chairman of the Sub- witness’s expense if so requested. Upon in- only by members of the Committee or such specting the transcript, within a time limit committee and the Ranking Member of the professional staff as is authorized by the Subcommittee or by a majority vote of the set by the Clerk of the Committee, a witness Chairman or the Ranking Member of the may request changes in the transcript to Subcommittee. Committee. [e] Confidential testimony.—No confiden- correct errors of transcription and grammat- [e] Prior notice of markup sessions.—No tial testimony taken or confidential mate- ical errors. The witness may also bring to session of the Committee or a Subcommittee rial presented at an executive session of the the attention of the Committee errors of fact for marking up any measure shall be held Subcommittee or any report of the pro- in the witness’s testimony by submitting a unless [1] each member of the Committee or ceedings of such executive session shall be sworn statement about those facts with a re- the Subcommittee, as the case may be, has made public, either in whole or in part or by quest that it be attached to the transcript. been notified in writing via electronic mail way of summary, unless specifically author- The Chair or a member of the Committee or paper mail of the date, time, and place of ized by the Chairman of the Subcommittee staff designated by the Chair shall rule on such session and has been furnished a copy of and the Ranking Member of the Sub- such requests. the measure to be considered, in a searchable committee, or by a majority vote of the Sub- RULE VI—BROADCASTING OF HEARINGS electronic format, at least 3 business days committee. Public hearings of the full Committee, or prior to the commencement of such session, [f] Interrogation of witnesses.—Sub- any subcommittee thereof, shall be televised or [2] the Chairman of the Committee or committee interrogation of a witness shall

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.004 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S700 CONGRESSIONAL RECORD — SENATE February 12, 2021 be conducted only by members of the Sub- is necessary to present properly his or her proxies shall be kept in the files of the Com- committee or such professional staff as is au- views to the Committee or Subcommittee. mittee, along with the record of the rollcall thorized by the Chairman or the Ranking The brief summary included in the state- vote of the members present and voting, as Member of the Subcommittee. ment must be no more than 3 pages long. It an official record of the vote on the measure [g] Special meetings.—If at least three shall be left to the discretion of the Chair- or matter. members of a Subcommittee desire that a man of the Committee or Subcommittee as [b] Vote on matters other than to report a special meeting of the Subcommittee be to what portion of the documents presented measure or matter. On Committee matters called by the Chairman of the Sub- to the Committee or Subcommittee shall be other than a vote to report a measure or committee, those members may file in the published in the printed transcript of the matter, no record vote shall be taken unless offices of the Committee their written re- hearings. a majority of the Committee are actually quest to the Chairman of the Subcommittee [c] Five-minute duration. Oral statements present. On any such other matter, a mem- for that special meeting. Immediately upon of witnesses shall be based upon their filed ber of the Committee may request that his the filing of the request, the Clerk of the statements but shall be limited to 5 minutes or her vote may be cast by proxy. The proxy Committee shall notify the Chairman of the duration. This period may be limited or ex- shall be in writing and shall be sufficiently Subcommittee of the filing of the request. If, tended at the discretion of the Chairman pre- clear to identify the subject matter, and to within 3 calendar days after the filing of the siding at the hearings. inform the Committee as to how the member request, the Chairman of the Subcommittee [d] Subpoena of witnesses.—Witnesses may wishes his or her vote to be recorded there- does not call the requested special meeting, be subpoenaed by the Chairman of the Com- on. By written notice to the Chairman any to be held within 7 calendar days after the mittee or a Subcommittee with the agree- time before the vote on such other matter is filing of the request, a majority of the mem- ment of the Ranking Member of the Com- taken, the member may withdraw a proxy bers of the Subcommittee may file in the of- mittee or Subcommittee or by a majority previously given. All proxies relating to such fices of the Committee their written notice vote of the Committee or Subcommittee. other matters shall be kept in the files of the that a special meeting of the Subcommittee [e] Counsel permitted.—Any witness sub- Committee. will be held, specifying the date and hour of poenaed by the Committee or Subcommittee RULE 6.—QUORUM that special meeting. The Subcommittee to a public or executive hearing may be ac- No executive session of the Committee or a shall meet on that date and hour. Imme- companied by counsel of his or her own Subcommittee shall be called to order unless diately upon the filing of the notice, the choosing who shall be permitted, while the a majority of the Committee or Sub- Clerk of the Committee shall notify all witness is testifying, to advise him or her of committee, as the case may be, are actually members of the Subcommittee that such spe- his or her legal rights. present. Unless the Committee otherwise [f] Expenses of witnesses.—No witness shall cial meeting will be held and inform them of provides or is required by the Rules of the be reimbursed for his or her appearance at a its date and hour. If the Chairman of the Senate, one member shall constitute a public or executive hearing before the Com- Subcommittee is not present at any regular quorum for the receipt of evidence, the mittee or Subcommittee unless such reim- or special meeting of the Subcommittee, the swearing in of witnesses, and the taking of bursement is agreed to by the Chairman and Ranking Member of the majority party on testimony. the Subcommittee who is present shall pre- Ranking Member of the Committee. side at that meeting. [g] Limits of questions.—Questioning of a RULE 7. STAFF PRESENT ON DAIS [h] Voting.—No measure or matter shall be witness by members shall be limited to 5 Only members and the Clerk of the Com- recommended from a Subcommittee to the minutes duration. Members may be per- mittee shall be permitted on the dais during Committee unless a majority of the Sub- mitted further questions of the witness after public or executive hearings, except that a committee are actually present. The vote of all members have been given an opportunity member may have one staff person accom- the Subcommittee to recommend a measure to question the witness. pany him or her during such public or execu- or matter to the Committee shall require the Additional opportunity to question a wit- tive hearing on the dais. If a member desires concurrence of a majority of the members of ness shall be limited to a duration of 5 min- a second staff person to accompany him or the Subcommittee voting. On Subcommittee utes until all members have been given the her on the dais he or she must make a re- matters other than a vote to recommend a opportunity to question the witness for a quest to the Chairman for that purpose. measure or matter to the Committee no second time. This 5–minute period per mem- RULE 8. COINAGE LEGISLATION record vote shall be taken unless a majority ber will be continued until all members have At least 67 Senators must cosponsor any of the Subcommittee is actually present. exhausted their questions of the witness. gold medal or commemorative coin bill or Any absent member of a Subcommittee may After a witness has completed his or her resolution before consideration by the Com- affirmatively request that his or her vote to testimony before the Committee or Sub- mittee. recommend a measure or matter to the Com- committee, members may submit questions EXTRACTS FROM THE STANDING RULES OF THE mittee or his vote on any such other matters in writing to the Clerk for the record, which SENATE on which a record vote is taken, be cast by shall be due to the Clerk by a date deter- proxy. The proxy shall be in writing and mined by the Chairman, in consultation with RULE XXV, STANDING COMMITTEES shall be sufficiently clear to identify the the Ranking Member, but such due date 1. The following standing committees shall subject matter and to inform the Sub- shall be no later than 7 calendar days after be appointed at the commencement of each committee as to how the member wishes his the witness’s appearance before the Com- Congress, and shall continue and have the or her vote to be recorded thereon. By writ- mittee or Subcommittee. Any such witness power to act until their successors are ap- ten notice to the Chairman of the Sub- shall respond in writing to any such written pointed, with leave to report by bill or other- committee any time before the record vote question for the record no later than 45 cal- wise on matters within their respective ju- on the measure or matter concerned is endar days after the witness’s date of appear- risdictions: taken, the member may withdraw a proxy ance before the Committee or Sub- [d][1] Committee on Banking, Housing, and previously given. All proxies shall be kept in committee. For nominees before the Com- Urban Affairs, to which committee shall be the files of the Committee. mittee, the Chairman shall, in consultation referred all proposed legislation, messages, RULE 4.—WITNESSES with the Ranking Member, determine the petitions, memorials, and other matters re- time periods for the submission of member lating to the following subjects: [a] Filing of statements.—Any witness ap- questions and the receipt of responses from 1. Banks, banking, and financial institu- pearing before the Committee or Sub- nominees. tions. committee [including any witness rep- RULE 5.—VOTING 2. Control of prices of commodities, rents, resenting a Government agency] must file and services. with the Committee or Subcommittee [24 [a] Vote to report a measure or matter.— 3. Deposit insurance. hours preceding his or her appearance] 30 No measure or matter shall be reported from 4. Economic stabilization and defense pro- copies of his or her statement to the Com- the Committee unless a majority of the duction. mittee or Subcommittee, and the statement Committee is actually present. The vote of 5. Export and foreign trade promotion. must include a brief summary of the testi- the Committee to report a measure or mat- 6. Export controls. mony. In the event that the witness fails to ter shall require the concurrence of a major- 7. Federal monetary policy, including Fed- file a written statement and brief summary ity of the members of the Committee who eral Reserve System. in accordance with this rule, the Chairman are present. 8. Financial aid to commerce and industry. of the Committee or Subcommittee has the Any absent member may affirmatively re- 9. Issuance and redemption of notes. discretion to deny the witness the privilege quest that his or her vote to report a matter 10. Money and credit, including currency of testifying before the Committee or Sub- be cast by proxy. The proxy shall be suffi- and coinage. committee until the witness has properly ciently clear to identify the subject matter, 11. Nursing home construction. complied with the rule. and to inform the Committee as to how the 12. Public and private housing [including [b] Length of statements.—Written state- member wishes his vote to be recorded there- veterans’ housing]. ments properly filed with the Committee or on. By written notice to the Chairman any 13. Renegotiation of Government con- Subcommittee may be as lengthy as the wit- time before the record vote on the measure tracts. ness desires and may contain such docu- or matter concerned is taken, any member 14. Urban development and urban mass ments or other addenda as the witness feels may withdraw a proxy previously given. All transit.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.022 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S701 [2] Such committee shall also study and re- hearing to be held by the Committee at least (b). A measure may be reported without a view, on a comprehensive basis, matters re- one week in advance of such hearing unless recorded vote from the Committee unless an lating to international economic policy as it the Chairman of the Committee, with the objection is made by any Member, in which affects United States monetary affairs, cred- concurrence of the Vice Chairman, deter- case a recorded vote by the Members shall be it, and financial institutions; economic mines that holding the hearing would be required. A Member shall have the right to growth, urban affairs, and credit, and report non-controversial or that special cir- have his or her additional views included in thereon from time to time. cumstances require expedited procedures and the Committee report on the measure in ac- a majority of the Committee Members at- COMMITTEE PROCEDURES FOR PRESIDENTIAL cordance with Senate Rule XXVI 10. tending concur. In no case shall a hearing be (c). A Committee vote to report a measure NOMINEES conducted within less than 24 hours’ notice. to the Senate shall also authorize the staff of Procedures formally adopted by the U.S. (b). Each witness who is to appear before the Committee to make necessary technical Senate Committee on Banking, Housing, and the Committee shall submit his or her testi- and conforming changes to the measure. Urban Affairs, February 11, 2021, establish a mony by way of electronic mail, at least two (d). Proxy voting shall be permitted on all uniform questionnaire for all Presidential (2) business days prior to a hearing, in a for- matters, except that proxies may not be nominees whose confirmation hearings come mat determined by the Committee and sent counted for the purpose of determining the before this Committee. to an electronic mail address specified by the presence of a quorum. Unless further limited, In addition, the procedures establish that: Committee. In the event a federal witness a proxy shall be exercised only for the date [1] A confirmation hearing shall normally fails to timely file the written statement in for which it is given and upon the terms pub- be held at least 5 days after receipt of the accordance with this rule, the federal wit- lished in the agenda for that date. completed questionnaire by the Committee ness shall testify as to the reason the testi- SWORN TESTIMONY AND FINANCIAL STATEMENTS unless waived by a majority vote of the Com- mony is late. Rule 8(a). Witnesses in Committee hear- mittee. (c). Each Member shall be limited to five ings who are required to give testimony shall [2] The Committee shall vote on the con- (5) minutes of questioning of any witness be deemed under oath. firmation not less than 24 hours after the until such time as all Members attending (b). At any hearing to confirm a Presi- Committee has received transcripts of the who so desire have had an opportunity to dential nomination, the testimony of the hearing unless waived by unanimous con- question the witness unless the Committee nominee and, at the request of any Member, sent. shall decide otherwise. any other witnesses that come before the (d) The Chairman, in consultation with the [3] All nominees routinely shall testify Committee shall also be under oath. Every Vice Chairman, may authorize remote hear- under oath at their confirmation hearings. nominee shall submit a questionnaire on ings via video conference. This questionnaire shall be made a part of forms to be provided by the Committee, eth- the public record except for financial and BUSINESS MEETING AGENDA ics agreement, and public financial disclo- other personal information, which shall be Rule 5(a). A legislative measure or subject sure report, (OGE Form 278 or a successor kept confidential as indicated on the ques- shall be included in the agenda of the next form) which shall be sworn to by the nomi- tionnaire. following business meeting of the Committee nee as to its completeness and accuracy and Nominees are requested to answer all ques- if a written request by a Member for consid- be accompanied by a letter issued by the tions, and to add additional pages where nec- eration of such measure or subject has been nominee within five (5) days immediately essary. filed with the Chairman of the Committee at preceding the hearing affirming that nothing f least one week prior to such meeting. Noth- has changed in their financial status or doc- ing in this rule shall be construed to limit uments since the documents were originally SENATE COMMITTEE ON INDIAN the authority of the Chairman of the Com- filed with the Committee. The public finan- AFFAIRS RULES OF PROCEDURE mittee to include legislative measures or cial disclosure report and ethics agreement subjects on the Committee agenda in the ab- shall be made available to the public by the Mr. SCHATZ. Mr. President, I ask sence of such request. unanimous consent that the Senate Committee unless the Committee, in execu- (b). Any bill, resolution, or other matter to tive session, determines that special cir- be considered by the Committee at a busi- Committee on Indian Affairs Rules for cumstances require a full or partial excep- ness meeting shall be filed with the Clerk of the 117th Congress be printed in the tion to this rule. the Committee. Notice of, and the agenda RECORD. CONFIDENTIAL TESTIMONY There being no objection, the mate- for, any business meeting of the Committee, and a copy of any bill, resolution, or other Rule 9. No confidential testimony taken rial was ordered to be printed in the matter to be considered at the meeting, shall by, or confidential material presented to the RECORD, as follows: be provided to each Member and made avail- Committee, or any report of the proceedings SENATE COMMITTEE ON INDIAN AFFAIRS—117TH able to the public at least three (3) business of a closed Committee hearing or business CONGRESS COMMITTEE RULES days prior to such meeting, and no new meeting shall be made public in whole or in part, or by way of summary, unless author- COMMITTEE ON INDIAN AFFAIRS RULES OF items may be added after the agenda is pub- ized by a majority of the Members of the PROCEDURE lished except by the approval of the Chair- man with the concurrence of the Vice Chair- Committee at a business meeting called for Rule 1. The Standing Rules of the Senate, man or by a majority of the Members of the the purpose of making such a determination. Senate Resolution 4, and the provisions of Committee. The notice and agenda of any DEFAMATORY STATEMENTS the Legislative Reorganization Act of 1946, business meeting may be provided to the Rule 10. Any person whose name is men- as amended by the Legislative Reorganiza- Members by electronic mail, provided that a tion Act of 1970, as supplemented by these tioned or who is specifically identified in, or paper copy will be provided to any Member who believes that testimony or other evi- rules, are adopted as the rules of the Com- upon request. The Clerk shall promptly no- mittee to the extent the provisions of such dence presented at, an open Committee hear- tify absent Members of any action taken by ing tends to defame him or her or otherwise Rules, Resolution, and Acts are applicable to the Committee on matters not included in the Committee on Indian Affairs. adversely affects his or her reputation may the published agenda. file with the Committee for its consideration MEETING OF THE COMMITTEE (c). Any amendment(s) to any bill or reso- and action a sworn statement of facts rel- Rule 2. The Committee shall meet on lution to be considered shall be filed by a evant to such testimony of evidence. Member of the Committee with the Clerk not Wednesday while the Congress is in session BROADCASTING OF HEARINGS OR MEETINGS for the purpose of conducting business, un- less than 48 hours in advance of the sched- uled business meeting. This rule may be Rule 11. Any meeting or hearing by the less for the convenience of the Members, the Committee which is open to the public may Chairman shall set some other day for a waived by the Chairman with the concur- rence of the Vice Chairman. be covered in whole or in part by television, meeting. Additional meetings may be called Internet, radio broadcast, or still photog- QUORUM by the Chairman as he or she may deem nec- raphy. Photographers and reporters using Rule 6(a). Except as provided in subsection essary. mechanical recording, filming, or broad- (b), a majority of the Members shall con- OPEN HEARINGS AND MEETINGS casting devices shall position their equip- stitute a quorum for the transaction of busi- ment so as not to interfere with the sight, Rule 3(a). Hearings and business meetings ness of the Committee. Except as provided in vision, and hearing of Members and staff on of the Committee shall be open to the public Senate Rule XXVI 7(a), a quorum is pre- the dais or with the orderly process of the except when the Chairman by a majority sumed to be present unless a Committee meeting or hearing. vote orders a closed hearing or meeting. Member notes the absence of a quorum. (b). Except as otherwise provided in the (b). One Member shall constitute a quorum AUTHORIZING SUBPOENAS Rules of the Senate, a transcript or elec- for the purpose of conducting a hearing or Rule 12. The Chairman may, with the tronic recording shall be kept of each hear- taking testimony on any measure or matter agreement of the Vice Chairman, or the ing and business meeting of the Committee. before the Committee. Committee may, by majority vote, authorize HEARING PROCEDURE VOTING the issuance of subpoenas. Rule 4(a). Public notice, including notice Rule 7(a). A recorded vote of the Members AMENDING THE RULES to Members of the Committee, shall be given shall be taken upon the request of any Mem- Rule 13. These rules may be amended only of the date, place, and subject matter of any ber. by a vote of a majority of all the Members of

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.024 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S702 CONGRESSIONAL RECORD — SENATE February 12, 2021 the Committee in a business meeting of the tion. Imagine, for example, that evidence Accordingly, I voted against the Senate Committee: Provided, that no vote may be were uncovered that a former president had taking jurisdiction in this trial. In different taken on any proposed amendment unless sold nuclear secrets to the Chinese govern- circumstances, the Senate could choose to such amendment is reproduced in full in the ment. In that instance, where the president exercise its constitutional authority to try a Committee agenda for such meeting at least had hypothetically committed both treason former office-holder. But here, when the seven (7) days in advance of such meeting. and bribery (explicit grounds for impeach- House has impeached without evidence or ment in the Constitution), there is little f Due Process, and when it is petty and vindic- question that both the House and Senate tive and it fails to meet the legal standard, IMPEACHMENT would have exercise jurisdiction to impeach then the Senate should have declined to ex- and try those crimes. ercise jurisdiction. Mr. CRUZ. Mr. President, I ask unan- Importantly, there are two types of juris- President Trump is no longer in office, and imous consent that the following op-ed diction: mandatory and discretionary. With nothing is served—other than partisan be printed in the RECORD. mandatory jurisdiction, the tribunal must vengeance—by conducting yet another im- There being no objection, the mate- hear the case; with discretionary jurisdic- peachment trial. rial was ordered to be printed in the tion, the tribunal can decide whether to ex- ercise its legal authority to hear the case. f RECORD, as follows: For example, the vast majority of the Su- ADDITIONAL STATEMENTS [From the Fox News, Feb. 9, 2021] preme Court’s caseload arises on discre- SEN. TED CRUZ: SHOULD THE SENATE EXER- tionary jurisdiction—it has the authority to CISE IMPEACHMENT TRIAL? WHY THE ANSWER hear most cases, but it doesn’t have to do so. MATTERS And nothing in the Constitution makes the TRIBUTE TO LESLEY ROBINSON (By Ted Cruz) Senate’s impeachment jurisdiction manda- ∑ Mr. DAINES. Mr. President, this tory. ‘‘Sole power’’ means ‘‘sole power’’—the week I have the honor of recognizing The constitutional question of whether a Senate can decide whether to hear the case. former president can be impeached or tried The present impeachment is an exercise of Lesley Robinson of Phillips County. after he has left office is a close legal ques- partisan retribution, not a legitimate exer- Lesley recently made history when she tion. On balance, I believe that the better cise of constitutional authority. became the first woman elected as the constitutional argument is that a former The House impeached President Trump in Montana Stockgrowers Association’s president can be impeached and tried—that a mere seven days. It conducted no hearings. second vice president. is, that the Senate has jurisdiction to hold a It examined no evidence. It heard not a sin- Lesley is not afraid to be the first in trial. gle witness. However, nothing in the text of the Con- For four years, congressional Democrats any venture. Her past experience as a stitution requires the Senate to choose to have directed hatred and contempt at Donald leader in Montana began in 1996 when exercise jurisdiction. In these particular cir- J. Trump, and even greater fury at the vot- she became the second woman ever cumstances, I believe the Senate should de- ers who elected him. elected to serve on the board of direc- cline to exercise jurisdiction—and so I voted On the merits, President Trump’s conduct tors for the Montana Stockgrowers. to dismiss this impeachment on jurisdic- does not come close to meeting the legal Lesley also ran for office and was elect- tional grounds. standard for incitement—the only charge brought against him. ed as a Phillips County commissioner Article I, Section 2 of the Constitution in 2005. During her 12-year tenure as a gives the House ‘‘the sole Power of impeach- His rhetoric was at times over-heated, and ment,’’ and Section 3 gives the Senate ‘‘the I wish it were not, but he did not urge any- commissioner, Lesley was a strong ad- sole Power to try all impeachments.’’ At the one to commit acts of violence. And if ge- vocate for Phillips County and rural time the Constitution was adopted, there neric exhortations to ‘‘fight’’ or ‘‘win’’ or Montana. She also had a leadership was meaningful debate over whether im- ‘‘take back our country’’ are now indictable, role on the Executive Committee for peachment encompassed so-called ‘‘late im- well, be prepared to arrest every candidate the National Association of Counties. who’s ever run for office or given a stump peachments.’’ i.e. after the person had left Most recently, Lesley served as former office. speech. House Democrats argue that these cir- Congressman Greg Gianforte’s State The British common law, which informed cumstances are different. The situation was director. the understanding of the Founders, suggests politically charged. The protesters were As a fourth-generation rancher, Les- that the better answer is yes. angry. And what started as a peaceful pro- In the 18th century, there were two English ley knows the importance of hard test on the Ellipse ended up with some of the work. She and her husband, Jim, own a impeachments of note: Lord Chancellor protestors engaging in a violent terrorist as- Macclesfield in 1725 and India’s Governor- sault on the Capitol that tragically took the commercial cow/calf and yearling oper- General Warren Hastings, which extended life of a police officer. ation near Zortman, MT. Her past lead- from 1787 to 1795. Both were late impeach- If that’s the new standard—and if strong ership roles and ranching experiences ments (after they had left office). Shortly rhetoric constitutes ‘‘High Crimes and Mis- have led her to be a fierce voice for ag- after the Founding, a third British impeach- demeanors’’—then Congress better prepare riculture and the importance it has as ment occurred: Lord Melville in 1806. His im- to remove House Speaker Nancy Pelosi, D– peachment also occurred after he left office. Montana’s No. 1 economic driver. Calif., Rep. Maxine Waters, D–Calif., Sen. It is my honor to recognize Lesley for The American experience is similar. In Chuck Schumer, D–N.Y. and former Sen. 1797, the House impeached Sen. William Kamala Harris, D–Calif., next. her leadership and service to Montana. Blount, and in 1876 the House impeached Sec- Repeatedly over the past four years, mul- I look forward to hearing about her retary of War William Belknap. Both had left tiple Democrats have engaged in incendiary continued success.∑ office by the time articles of impeachment rhetoric and encouraged civil unrest, includ- f were delivered to the Senate. ing Speaker Nancy Pelosi who expressly With Blount, the Senate voted that it compared law enforcement to Nazis, Rep. TRIBUTE TO GARY HERBERT lacked jurisdiction (although principally be- Waters, who emphatically encouraged a cam- ∑ cause he had been a senator and not a mem- paign of intimidation and harassment of po- Mr. ROMNEY. Mr. President, I rise ber of the executive), and with Belknap, the litical opponents, Sen. Schumer, who made to congratulate my friend Gary Her- Senate voted that it had jurisdiction but de- threats—by name—to ‘‘release the whirl- bert on a career of esteemed public clined to convict. wind’’ against two sitting justices of the Su- service. Gary’s steady hand of leader- To be sure, there is textual ambiguity on preme Court, and then-Sen. Harris, who ac- ship as the 17th Governor of Utah guid- the question of whether impeachments of a tively campaigned to provide financial sup- ed our State closer to fulfilling its former president are constitutional. port, in the form of bail, for rioters last sum- promise of safety, security, and pros- One can look to other provisions of the mer even after hundreds of law enforcement perity for all Utahns. Constitution—such as article II, Section 4’s officers were injured and many people, in- reference to ‘‘the President’’ (not ‘‘a Presi- cluding retired St. Louis police captain A son of Orem, UT, Gary faithfully dent’’), and that same section’s language David Dorn, were brutally murdered. answered his call to service in his early that says an impeached individual who is There is no coherent rationale that renders life and career. From his missionary convicted ‘‘shall be removed from office’’— President Trump’s remarks ‘‘incitement,’’ service for The Church of Jesus Christ and conclude in good faith that late im- and somehow exonerates the angry rhetoric of Latter-day Saints, to his military peachments are not permissible. of countless Democrats. If Trump’s speech at and civil service as a staff sergeant in However, given the historical the Ellipse was incitement, so too was Schu- the Utah Army National Guard, to underpinnings and the Constitution’s broad mer’s threat on the steps of the Supreme elected office, Gary’s unwavering early textual commitment (‘‘sole power’’) of the Court. impeachment power to the House and Sen- The honest answer is both may have been commitment to public service earned ate, I believe the best reading of the Con- irresponsible, but neither meets the legal him the respect and experience nec- stitution is that the Senate retains jurisdic- standard for incitement. essary for future success.

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.005 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S703 Gary Herbert’s unique ability to ar- ley Authority, transmitting, pursuant to in the Office of the President of the Senate ticulate sound public policy on behalf law, a report relative to a vacancy for the on February 2, 2021; to the Committee on of his community earned him a seat on position of Inspector General, Tennessee Val- Commerce, Science, and Transportation. EC–421. A communication from the Man- the Utah County Commission, where he ley Authority, received in the office of the President of the Senate on February 2, 2021; agement and Program Analyst, Federal demonstrated principled leadership for to the Committee on Environment and Pub- Aviation Administration, Department of 14 years. Soon after, Herbert was elect- lic Works. Transportation, transmitting, pursuant to ed to serve as lieutenant governor, EC–413. A communication from the Regula- law, the report of a rule entitled ‘‘Airworthi- overseeing multiple statewide commis- tions Coordinator, Centers for Medicare and ness Directives; Rolls-Royce Deutschland sions and the State electoral office. Medicaid Services, Department of Health Ltd & Co KG (Type Certificate Previously Four years later, Utahns reaffirmed and Human Services, transmitting, pursuant Held by Rolls-Royce plc) Turbofan Engines’’ their State’s leadership with a record to law, the report of a rule entitled ‘‘Medi- ((RIN2120–AA64) (Docket No. FAA–2019–0213)) reelection victory for Governor John care Program; Medicare Coverage of Innova- received in the Office of the President of the tive Technology (MCIT) and Definition of Senate on February 2, 2021; to the Com- Huntsman Jr. and Lieutenant Governor ‘Reasonable and Necessary’’ (RIN0938–AT88) mittee on Commerce, Science, and Transpor- Herbert. received in the Office of the President of the tation. Governor Herbert assumed the man- Senate on February 2, 2021; to the Com- EC–422. A communication from the Presi- tle of leadership and gubernatorial re- mittee on Finance. dent of the United States, transmitting, pur- sponsibilities on August 11, 2009, fol- EC–414. A communication from the Legal suant to law, a report relative to the lowing the resignation of his prede- Counsel, Equal Employment Opportunity issuance of a Proclamation that terminates cessor. For the next decade, the Gov- Commission, transmitting, pursuant to law, the national emergency first declared in ernor approached significant chal- the report of a rule entitled ‘‘Official Time Proclamation 9844 of February 15, 2019, with lenges with a sharp focus and prin- in Federal Sector Cases Before the Commis- respect to declaring a National Emergency sion’’ (RIN3046–AB00) received in the Office Concerning the Southern Border of the cipled decision making. He surrounded of the President of the Senate on February 2, United States, received in the office of the himself with impressive public serv- 2021; to the Committee on Health, Education, President of the Senate on February 9, 2021; ants and exemplified a compassionate Labor, and Pensions. to the Committee on Armed Services. and nuanced approach to good govern- EC–415. A communication from the Regula- EC–423. A communication from the Presi- ance. Through an early economic crisis tions Coordinator, Health Resources and dent of the United States, transmitting, pur- and a myriad of complex public policy Services Administration, Department of suant to the International Emergency Eco- challenges relating to civil liberties, Health and Human Services, transmitting, nomic Powers Act, a report relative to the faith, education, infrastructure, and pursuant to law, the report of a rule entitled issuance of an Executive Order declaring a ‘‘National Vaccine Injury Compensation Pro- national emergency with respect to the un- public health, Governor Herbert’s leg- gram: Revisions to the Vaccine Injury usual and extraordinary threat to the na- acy reflects his impressive caliber of Table’’ (RIN0906–AB24) received in the Office tional security and foreign policy of the personal character and leadership in of the President of the Senate on February 2, United States posed by the situation in difficult circumstances. 2021; to the Committee on Health, Education, Burma, received in the Office of the Presi- Gary’s lifetime of public service is Labor, and Pensions. dent of the Senate on February 9, 2021; to the sustained by the devotion he shares EC–416. A communication from the Regula- Committee on Banking, Housing, and Urban with former First Lady Jeannette Her- tions Coordinator, Office of the Secretary, Affairs. bert and their children and grand- Department of Health and Human Services, EC–424. A communication from the Direc- children. Our great State owes Gary transmitting, pursuant to law, the report of tor of Legislative Affairs, Federal Deposit a rule entitled ‘‘Securing Updated and Nec- Insurance Corporation, transmitting, pursu- Herbert and his family an abundance of essary Statutory Evaluations Timely’’ ant to law, the report of a rule entitled ‘‘Re- gratitude for years of integrity and vir- (RIN0991–AC24) received in the Office of the moval of Transferred Office of Thrift Super- tue as Utah’s chief public servant. President of the Senate on February 2, 2021; vision (OTS) Regulations Regarding Non- Utah will continue to shine as the to the Committee on Health, Education, discrimination Requirements’’ (RIN3064– brightest star on our American flag.∑ Labor, and Pensions. AF35) received in the Office of the President EC–417. A communication from the Super- f of the Senate on February 9, 2021; to the visory Workforce Analyst, Employment and Committee on Banking, Housing, and Urban EXECUTIVE AND OTHER Training Administration, Department of Affairs. COMMUNICATIONS Labor, transmitting, pursuant to law, the re- EC–425. A communication from the Con- The following communications were port of a rule entitled ‘‘Strengthening Wage gressional Assistant, Board of Governors of Protections for the Temporary and Perma- the Federal Reserve System, transmitting, laid before the Senate, together with nent Employment of Certain Aliens in the pursuant to law, the report of a rule entitled accompanying papers, reports, and doc- United States’’ (RIN1205–AC00) received in ‘‘Amendments to Capital Planning and uments, and were referred as indicated: the Office of the President of the Senate on Stress Testing Requirements for Large Bank EC–409. A communication from the General February 3, 2021; to the Committee on the Holding Companies, Intermediate Holding Counsel of the Federal Housing Finance Judiciary. Companies and Savings and Loan Holding Agency, transmitting, pursuant to law, the EC–418. A communication from the Federal Companies’’ (RIN7100–AF95) received in the report of a rule entitled ‘‘Rules of Practice Register Liaison Officer, Alcohol and To- Office of the President of the Senate on Feb- and Procedure; Civil Money Penalty Infla- bacco Tax and Trade Bureau, Department of ruary 9, 2021; to the Committee on Banking, tion Adjustment’’ (RIN2590–AB14) received in the Treasury, transmitting, pursuant to law, Housing, and Urban Affairs. the Office of the President of the Senate on the report of a rule entitled ‘‘Addition of EC–426. A communication from the Regula- February 2, 2021; to the Committee on Bank- New Standards of Fill for Wine and Distilled tions Coordinator, Centers for Medicare and ing, Housing, and Urban Affairs. Spirits; Amendment of Distilled Spirits and Medicaid Services, Department of Health EC–410. A communication from the Direc- Malt Beverage Net Contents Labeling Regu- and Human Services, transmitting, pursuant tor of Legislative Affairs, Federal Deposit lations’’ (RIN1513–AB56) received in the Of- to law, the report of a rule entitled ‘‘Patient Insurance Corporation, transmitting, pursu- fice of the President of the Senate on Feb- Protection and Affordable Care Act; HHS No- ant to law, the report of a rule entitled ‘‘Col- ruary 2, 2021; to the Committee on Com- tice of Benefit and Payment Parameters for lection of Civil Money Penalty Debt’’ merce, Science, and Transportation. 2022; Updates to State Innovation Waiver (RIN3064–AF25) received in the Office of the EC–419. A communication from the Acting (Section 1332 Waiver) Implementing Regula- President of the Senate on February 2, 2021; Assistant General Counsel for Regulatory tions’’ (RIN0938–AU18) received in the Office to the Committee on Banking, Housing, and Affairs, Consumer Product Safety Commis- of the President of the Senate on February 2, Urban Affairs. sion, transmitting, pursuant to law, the re- 2021; to the Committee on Finance. EC–411. A communication from the Chief of port of a rule entitled ‘‘Revisions to Safety EC–427. A communication from the Man- the Domestic Listing Branch, Fish and Wild- Standard for Infant Swings’’ ((16 CFR Part agement and Program Analyst, Federal life Service, Department of the Interior, 1223) (Docket No. CPSC–2013–0025)) received Aviation Administration, Department of transmitting, pursuant to law, the report of in the Office of the President of the Senate Transportation, transmitting, pursuant to a rule entitled ‘‘Endangered and Threatened on February 3, 2021; to the Committee on law, the report of a rule entitled ‘‘Airworthi- Wildlife and Plants; Revised Designation of Commerce, Science, and Transportation. ness Directives; ATR–GIE Avions de Trans- Critical Habitat for the Northern Spotted EC–420. A communication from the Man- port Regional Airplanes’’ ((RIN2120–AA64) Owl’’ (RIN1018–BF01) received in the Office of agement and Program Analyst, Federal (Docket No. FAA–2020–1133)) received in the the President of the Senate on February 3, Aviation Administration, Department of Office of the President of the Senate on Feb- 2021; to the Committee on Environment and Transportation, transmitting, pursuant to ruary 9, 2021; to the Committee on Com- Public Works. law, the report of a rule entitled ‘‘Proposed merce, Science, and Transportation. EC–412. A communication from the Vice of Class E Airspace; Paris, Idaho’’ ((RIN2120– EC–428. A communication from the Man- President of External Affairs, Tennessee Val- AA66) (Docket No. FAA–2020–0751)) received agement and Program Analyst, Federal

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.014 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S704 CONGRESSIONAL RECORD — SENATE February 12, 2021 Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- 2020–718)) received in the Office of the Presi- Transportation, transmitting, pursuant to ness Directives; Superior Air Parts, Inc. En- dent of the Senate on February 9, 2021; to the law, the report of a rule entitled ‘‘Airworthi- gines and Lycoming Engines Reciprocating Committee on Commerce, Science, and ness Directives; Textron Aviation Inc. (Type Engines With a Certain SAP Crankshaft As- Transportation. Certificate Previously Held by Cessna Air- sembly; Amendment 39–21354’’ ((RIN2120– EC–443. A communication from the Man- craft Company) Airplanes; Amendment 39– AA64) (Docket No. FAA–2018–1077)) received agement and Program Analyst, Federal 21360’’ ((RIN2120–AA64) (Docket No. FAA– in the Office of the President of the Senate Aviation Administration, Department of 2020–1108)) received in the Office of the Presi- on February 9, 2021; to the Committee on Transportation, transmitting, pursuant to dent of the Senate on February 9, 2021; to the Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- Committee on Commerce, Science, and EC–436. A communication from the Man- ness Directives; Hoffman GmbH and Co. KG Transportation. agement and Program Analyst, Federal Propellers; Amendment 39–21347’’ ((RIN2120– EC–429. A communication from the Man- Aviation Administration, Department of AA64) (Docket No. FAA–2020–1104)) received agement and Program Analyst, Federal Transportation, transmitting, pursuant to in the Office of the President of the Senate Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- on February 9, 2021; to the Committee on Transportation, transmitting, pursuant to ness Directives; The Boeing Company Air- Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- planes; Amendment 39–21334’’ ((RIN2120– EC–444. A communication from the Man- ness Directives; Yabora Industria AA64) (Docket No. FAA–2020–1031)) received agement and Program Analyst, Federal Aeronautica S.A. (Type Certificate Pre- in the Office of the President of the Senate Aviation Administration, Department of viously Held by Embraer S.A.) Airplanes’’ on February 9, 2021; to the Committee on Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2020–1122)) Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- received in the Office of the President of the EC–437. A communication from the Man- ness Directives; Airbus Helicopters; Amend- Senate on February 9, 2021; to the Com- agement and Program Analyst, Federal ment 39–21337’’ ((RIN2120–AA64) (Docket No. mittee on Commerce, Science, and Transpor- Aviation Administration, Department of FAA–2020–0570)) received in the Office of the tation. Transportation, transmitting, pursuant to President of the Senate on February 9, 2021; EC–430. A communication from the Man- law, the report of a rule entitled ’’ Air- to the Committee on Commerce, Science, agement and Program Analyst, Federal worthiness Directives; Technify Motors and Transportation. Aviation Administration, Department of GmbH (Type Certificate Previously Held by EC–445. A communication from the Man- Transportation, transmitting, pursuant to Thielert Aircraft Engines GmbH) Recipro- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- cating Engines; Amendment 39–21361’’ Aviation Administration, Department of ness Directives; Airbus Helicopters’’ ((RIN2120–AA64) (Docket No. FAA–2020–1117)) Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2016–3343)) received in the Office of the President of the law, the report of a rule entitled ‘‘Airworthi- received in the Office of the President of the Senate on February 9, 2021; to the Com- ness Directives; The Boeing Company Air- Senate on February 9, 2021; to the Com- mittee on Commerce, Science, and Transpor- planes; Amendment 39–21290’’ ((RIN2120– mittee on Commerce, Science, and Transpor- tation. AA64) (Docket No. FAA–2019–0984)) received tation. EC–438. A communication from the Man- in the Office of the President of the Senate EC–431. A communication from the Man- agement and Program Analyst, Federal on February 9, 2021; to the Committee on agement and Program Analyst, Federal Aviation Administration, Department of Commerce, Science, and Transportation. Aviation Administration, Department of Transportation, transmitting, pursuant to EC–446. A communication from the Man- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- ness Directives; Airbus SAS Airplanes; Aviation Administration, Department of ness Directives; Embraer S.A. Airplanes; Amendment 39–21345’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to Amendment 39–21349’’ ((RIN2120–AA64) (Docket No. FAA–2020–1105)) received in the law, the report of a rule entitled ‘‘Airworthi- (Docket No. FAA–2020–0584)) received in the Office of the President of the Senate on Feb- ness Directives; The Boeing Company Air- Office of the President of the Senate on Feb- ruary 9, 2021; to the Committee on Com- planes; Amendment 39–21334’’ ((RIN2120– ruary 9, 2021; to the Committee on Com- merce, Science, and Transportation. AA64) (Docket No. FAA–2020–1031)) received merce, Science, and Transportation. EC–439. A communication from the Man- in the Office of the President of the Senate EC–432. A communication from the Man- agement and Program Analyst, Federal on February 9, 2021; to the Committee on agement and Program Analyst, Federal Aviation Administration, Department of Commerce, Science, and Transportation. Aviation Administration, Department of Transportation, transmitting, pursuant to f Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- ness Directives; The Boeing Company Air- REPORTS OF COMMITTEES ness Directives; General Electric Company planes; Amendment 39–21289’’ ((RIN2120– The following reports of committees Turbofan Engines; Amendment 39–21352’’ AA64) (Docket No. FAA–2020–0573)) received were submitted: ((RIN2120–AA64) (Docket No. FAA–2020–0592)) in the Office of the President of the Senate received in the Office of the President of the on February 9, 2021; to the Committee on By Mr. PETERS, from the Committee on Senate on February 9, 2021; to the Com- Commerce, Science, and Transportation. Homeland Security and Governmental Af- mittee on Commerce, Science, and Transpor- EC–440. A communication from the Man- fairs, without amendment: S. Res. 48. An original resolution author- tation. agement and Program Analyst, Federal EC–433. A communication from the Man- Aviation Administration, Department of izing expenditures by the Committee on agement and Program Analyst, Federal Transportation, transmitting, pursuant to Homeland Security and Governmental Af- Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- fairs. Transportation, transmitting, pursuant to ness Directives; The Boeing Company Air- By Mr. CARPER, from the Committee on law, the report of a rule entitled ‘‘Airworthi- planes; Amendment 39–21306’’ ((RIN2120– Environment and Public Works, without ness Directives; Saab AB, Support and Serv- AA64) (Docket No. FAA–2020–0586)) received amendment: S. Res. 49. An original resolution author- ices (Formerly Known as SAAb AB, Saab in the Office of the President of the Senate izing expenditures by the Committee on En- Aeronautics) Airplanes; Amendment 39– on February 9, 2021; to the Committee on vironment and Public Works. 21344’’ ((RIN2120–AA64) (Docket No. FAA– Commerce, Science, and Transportation. By Mr. REED, from the Committee on EC–441. A communication from the Man- 2020–0840)) received in the Office of the Presi- Armed Services, without amendment: dent of the Senate on February 9, 2021; to the agement and Program Analyst, Federal S. Res. 50. An original resolution author- Committee on Commerce, Science, and Aviation Administration, Department of izing expenditures by the Committee on Transportation. Transportation, transmitting, pursuant to Armed Services. EC–434. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- By Mr. BROWN, from the Committee on agement and Program Analyst, Federal ness Directives; Pratt and Whittney Division Banking, Housing, and Urban Affairs, with- Aviation Administration, Department of Turbofan Engines; Amendment 39–21361’’ out amendment: Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2020–0542)) S. Res. 51. An original resolution author- law, the report of a rule entitled ‘‘Airworthi- received in the Office of the President of the izing expenditures by the Committee on ness Directives; Yabora Industria Senate on February 9, 2021; to the Com- Banking, Housing, and Urban Affairs. Aeronautica S.A. (Type Certificate Pre- mittee on Commerce, Science, and Transpor- By Ms. STABENOW, from the Committee viously Held by Embraer S.A.) Airplanes; tation. on Agriculture, Nutrition, and Forestry, Amendment 39–21350’’ ((RIN2120–AA64) EC–442. A communication from the Man- without amendment: (Docket No. FAA–2020–0842)) received in the agement and Program Analyst, Federal S. Res. 52. An original resolution author- Office of the President of the Senate on Feb- Aviation Administration, Department of izing expenditures by the Committee on Ag- ruary 9, 2021; to the Committee on Com- Transportation, transmitting, pursuant to riculture, Nutrition, and Forestry. merce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- By Mr. WARNER, from the Select Com- EC–435. A communication from the Man- ness Directives; Textron Aviation, Inc. Air- mittee on Intelligence, without amendment: agement and Program Analyst, Federal planes (Type Certificate Previously Held by S. Res. 53. An original resolution author- Aviation Administration, Department of Beechcraft Corporation); Amendment 39– izing expenditures by the Select Committee Transportation, transmitting, pursuant to 21343’’ ((RIN2120–AA64) (Docket No. FAA– on Intelligence.

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.009 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S705 By Mr. SCHATZ, from the Committee on dicial review during the COVID–19 pandemic, By Ms. WARREN (for herself, Mrs. Indian Affairs, without amendment: and make other technical corrections; to the MURRAY, Mr. BOOKER, Mr. MARKEY, S. Res. 54. An original resolution author- Committee on the Judiciary. Mr. BLUMENTHAL, Ms. BALDWIN, Mr. izing expenditures by the Committee on In- By Mr. DURBIN (for himself, Ms. CASEY, Mr. WYDEN, Mr. VAN HOLLEN, dian Affairs. DUCKWORTH, Mr. BOOKER, Ms. SMITH, Mr. MERKLEY, Mr. BROWN, Ms. By Mrs. MURRAY, from the Committee on Ms. BALDWIN, Mr. SANDERS, Mrs. HIRONO, and Ms. DUCKWORTH): Health, Education, Labor, and Pensions, GILLIBRAND, Mrs. SHAHEEN, Ms. S. 324. A bill to report data on COVID–19 in without amendment: ROSEN, Ms. HIRONO, Mr. MERKLEY, Federal, State, and local correctional facili- S. Res. 55. An original resolution author- and Mr. HEINRICH): ties, and for other purposes; to the Com- izing expenditures by the Committee on S. 313. A bill to amend the Food and Nutri- mittee on the Judiciary. Health, Education, Labor, and Pensions. tion Act of 2008 to expand online benefit re- By Ms. MURKOWSKI: By Ms. CANTWELL, from the Committee demption options under the supplemental S. 325. A bill to amend the Alyce Spotted on Commerce, Science, and Transportation, nutrition assistance program, and for other Bear and Walter Soboleff Commission on Na- without amendment: purposes; to the Committee on Agriculture, tive Children Act to extend the deadline for S. Res. 56. An original resolution author- Nutrition, and Forestry. a report by the Alyce Spotted Bear and Wal- izing expenditures by the Committee on By Mr. MERKLEY (for himself and Mr. ter Soboleff Commission on Native Children, Commerce, Science, and Transportation. WYDEN): and for other purposes; to the Committee on S. 314. A bill to repeal the Klamath Tribe Indian Affairs. f Judgment Fund Act; to the Committee on By Ms. KLOBUCHAR (for herself, Mrs. EXECUTIVE REPORTS OF Indian Affairs. CAPITO, Ms. CORTEZ MASTO, Mr. KING, COMMITTEE By Mr. BLUMENTHAL (for himself and Mr. BOOZMAN, and Mr. SULLIVAN): Mr. BOOKER): S. 326. A bill to require the Secretary of The following executive reports of S. 315. A bill to amend titles XVIII and XIX Commerce to conduct an assessment and nominations were submitted: of the Social Security Act to ensure quality analysis of the effects of broadband deploy- By Mrs. MURRAY for the Committee on care for residents of skilled nursing facilities ment and adoption on the economy of the Health, Education, Labor, and Pensions. and nursing facilities, and for other pur- United States, and for other purposes; to the *Miguel A. Cardona, of Connecticut, to be poses; to the Committee on Finance. Committee on Commerce, Science, and Secretary of Education. By Ms. CANTWELL (for herself and Transportation. *Martin Joseph Walsh, of Massachusetts, Mr. SCOTT of Florida): By Mr. KELLY (for himself and Mr. to be Secretary of Labor. S. 316. A bill to establish a temperature CORNYN): checks pilot program for air transportation, S. 327. A bill to direct the Administrator of *Nomination was reported with rec- and for other purposes; to the Committee on the Small Business Administration to estab- ommendation that it be confirmed sub- Commerce, Science, and Transportation. lish a border closure recovery loan program ject to the nominee’s commitment to By Mr. BOOKER (for himself and Mr. for small businesses located near the United respond to requests to appear and tes- BLUMENTHAL): States border, and for other purposes; to the tify before any duly constituted com- S. 317. A bill to amend titles XVIII and XIX Committee on Finance. mittee of the Senate. of the Social Security Act to improve the By Ms. WARREN (for herself, Mr. quality of care for residents of and workers BOOKER, and Mr. BLUMENTHAL): f in skilled nursing facilities and nursing fa- S. 328. A bill to establish procedures re- INTRODUCTION OF BILLS AND cilities during the COVID–19 emergency pe- lated to the coronavirus disease 2019 JOINT RESOLUTIONS riod, and for other purposes; to the Com- (COVID–19) in correctional facilities; to the mittee on Finance. Committee on the Judiciary. The following bills and joint resolu- By Mr. MERKLEY (for himself, Mr. By Ms. KLOBUCHAR (for herself, Mr. tions were introduced, read the first WYDEN, Ms. HIRONO, and Mr. SCOTT of South Carolina, Ms. SINEMA, and second times by unanimous con- BLUMENTHAL): and Mr. YOUNG): sent, and referred as indicated: S. 318. A bill to require the publication of S. 329. A bill to require the Secretary of the name of any person pardoned by the Commerce to conduct an assessment and By Mr. DURBIN (for himself and Mr. President, and for other purposes; to the analysis relating to the decline in the busi- CASSIDY): Committee on the Judiciary. ness formation rate in the United States; to S. 308. A bill to establish a pilot program By Mr. WICKER: the Committee on Commerce, Science, and to address shortages of testing equipment S. 319. A bill to amend the Foreign Agents Transportation. and personal protective equipment through Registration Act of 1938, as amended, to By Mr. WICKER: enhanced domestic production, and for other strengthen the conspicuous statement re- S. 330. A bill to appropriate amounts to the purposes; to the Committee on Health, Edu- quired on certain informational materials, Department of Veterans Affairs to fund cation, Labor, and Pensions. and for other purposes; to the Committee on State home construction projects that have By Mr. DURBIN (for himself, Mr. LEE, Foreign Relations. been approved before the date of the enact- and Mr. COONS): By Mr. CASSIDY (for himself and Mr. ment of this Act; to the Committee on Vet- S. 309. A bill to give Federal courts addi- SCHATZ): erans’ Affairs. tional discretion to determine whether pre- S. 320. A bill to amend the Public Health f trial detention is appropriate for defendants Service Act to provide that the authority of charged with nonviolent drug offenses in the Director of the National Institute on Mi- SUBMISSION OF CONCURRENT AND Federal criminal cases; to the Committee on nority Health and Health Disparities to SENATE RESOLUTIONS the Judiciary. make certain research endowments applies The following concurrent resolutions By Mr. WICKER (for himself and Ms. with respect to both current and former cen- SMITH): ters of excellence, and for other purposes; to and Senate resolutions were read, and S. 310. A bill to amend the Small Business the Committee on Health, Education, Labor, referred (or acted upon), as indicated: Act to include hospitals serving rural areas and Pensions. By Mr. PETERS: or areas of persistent poverty in the pay- By Mr. MORAN (for himself and Ms. S. Res. 48. An original resolution author- check protection program, and for other pur- ROSEN): izing expenditures by the Committee on poses; to the Committee on Small Business S. 321. A bill to award a Congressional Gold Homeland Security and Governmental Af- and Entrepreneurship. Medal to the members of the Women’s Army fairs; from the Committee on Homeland Se- By Mrs. FEINSTEIN (for herself and Corps who were assigned to the 6888th Cen- curity and Governmental Affairs; to the Mr. CORNYN): tral Postal Directory Battalion, known as Committee on Rules and Administration. S. 311. A bill to amend the Higher Edu- the ‘‘Six Triple Eight’’ ; to the Committee on By Mr. CARPER: cation Act of 1965 to include certain employ- Banking, Housing, and Urban Affairs. S. Res. 49. An original resolution author- ment as a health care practitioner as eligible By Mr. TILLIS (for himself, Ms. ERNST, izing expenditures by the Committee on En- for public service loan forgiveness, and for Mr. PORTMAN, Mr. CORNYN, Mrs. vironment and Public Works; from the Com- other purposes; to the Committee on Health, HYDE-SMITH, Mrs. CAPITO, Mr. JOHN- mittee on Environment and Public Works; to Education, Labor, and Pensions. SON, Mr. MARSHALL, Mr. BURR, and the Committee on Rules and Administration. By Mr. DURBIN (for himself, Mr. Mr. YOUNG): By Mr. REED: GRASSLEY, Mr. WHITEHOUSE, Mr. S. 322. A bill to amend the Health Insur- S. Res. 50. An original resolution author- TILLIS, Mr. COONS, Mr. CRAMER, Mr. ance Portability and Accountability Act; to izing expenditures by the Committee on BOOKER, and Mr. WICKER): the Committee on Health, Education, Labor, Armed Services; from the Committee on S. 312. A bill to expand eligibility for and and Pensions. Armed Services; to the Committee on Rules provide judicial review for the Elderly Home By Mr. PAUL: and Administration. Detention Pilot Program, provide for com- S. 323. A bill to terminate the Department By Mr. BROWN: passionate release based on COVID–19 vul- of Education; to the Committee on Home- S. Res. 51. An original resolution author- nerability, shorten the waiting period for ju- land Security and Governmental Affairs. izing expenditures by the Committee on

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.016 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S706 CONGRESSIONAL RECORD — SENATE February 12, 2021 Banking, Housing, and Urban Affairs; from (Mr. PORTMAN) and the Senator from Internal Revenue Code of 1986 to allow the Committee on Banking, Housing, and Colorado (Mr. HICKENLOOPER) were a credit against tax for neighborhood Urban Affairs; to the Committee on Rules added as cosponsors of S. 35, a bill to revitalization, and for other purposes. and Administration. award a Congressional Gold Medal to By Ms. STABENOW: S. 120 S. Res. 52. An original resolution author- Officer Eugene Goodman. At the request of Mr. SCHATZ, the izing expenditures by the Committee on Ag- At the request of Mr. MCCONNELL, his name of the Senator from West Vir- riculture, Nutrition, and Forestry; from the name was added as a cosponsor of S. 35, ginia (Mrs. CAPITO) was added as a co- Committee on Agriculture, Nutrition, and supra. sponsor of S. 120, a bill to prevent and Forestry; to the Committee on Rules and Ad- S. 40 respond to the misuse of communica- ministration. At the request of Mr. BOOKER, the tions services that facilitates domestic By Mr. WARNER: S. Res. 53. An original resolution author- name of the Senator from Ohio (Mr. violence and other crimes. izing expenditures by the Select Committee BROWN) was added as a cosponsor of S. S. 121 on Intelligence; from the Select Committee 40, a bill to address the fundamental in- At the request of Ms. ROSEN, the on Intelligence; to the Committee on Rules justice, cruelty, brutality, and inhu- names of the Senator from Michigan and Administration. manity of slavery in the United States (Mr. PETERS) and the Senator from By Mr. SCHATZ: and the 13 American colonies between Delaware (Mr. COONS) were added as co- S. Res. 54. An original resolution author- 1619 and 1865 and to establish a com- sponsors of S. 121, a bill to amend the izing expenditures by the Committee on In- mission to study and consider a na- dian Affairs; from the Committee on Indian Workforce Innovation and Opportunity Affairs; to the Committee on Rules and Ad- tional apology and proposal for repara- Act to establish demonstration and ministration. tions for the institution of slavery, its pilot projects to facilitate education By Mrs. MURRAY: subsequent de jure and de facto racial and training programs in the field of S. Res. 55. An original resolution author- and economic discrimination against advanced manufacturing. izing expenditures by the Committee on African Americans, and the impact of S. 145 Health, Education, Labor, and Pensions; these forces on living African Ameri- from the Committee on Health, Education, At the request of Mr. DAINES, the cans, to make recommendations to the name of the Senator from Alaska (Ms. Labor, and Pensions; to the Committee on Congress on appropriate remedies, and Rules and Administration. MURKOWSKI) was added as a cosponsor By Ms. CANTWELL: for other purposes. of S. 145, a bill to amend title 5, United S. Res. 56. An original resolution author- S. 59 States Code, to repeal the requirement izing expenditures by the Committee on At the request of Mr. TILLIS, the that the United States Postal Service Commerce, Science, and Transportation; name of the Senator from Arkansas prepay future retirement benefits, and from the Committee on Commerce, Science, (Mr. BOOZMAN) was added as a cospon- for other purposes. and Transportation; to the Committee on sor of S. 59, a bill to provide a civil Rules and Administration. S. 171 remedy for individuals harmed by sanc- By Ms. KLOBUCHAR (for herself and At the request of Mr. DAINES, the tuary jurisdiction policies, and for Mr. SCOTT of South Carolina): name of the Senator from Mississippi other purposes. S. Res. 57. A resolution expressing support (Mrs. HYDE-SMITH) was added as a co- for the designation of the week of February S. 60 sponsor of S. 171, a bill to authorize the 13 through February 20, 2021, as ‘‘National At the request of Mr. TILLIS, the Keystone XL Pipeline. Entrepreneurship Week’’ to recognize the name of the Senator from Arkansas importance and contributions of entre- S. 211 (Mr. BOOZMAN) was added as a cospon- preneurs and startups to the economic pros- At the request of Mr. RUBIO, the perity of the United States and the well- sor of S. 60, a bill to provide for the ef- name of the Senator from South Caro- fective use of immigration detainers to being of every community across the United lina (Mr. SCOTT) was added as a cospon- States; to the Committee on the Judiciary. enhance public safety. sor of S. 211, a bill to prohibit the Sec- f S. 65 retary of Education from providing At the request of Mr. RUBIO, the ADDITIONAL COSPONSORS Federal elementary and secondary edu- name of the Senator from West Vir- cation funds for fiscal year 2021 or S. 13 ginia (Mr. MANCHIN) was added as a co- COVID–19 relief funds to an elementary At the request of Mr. SCOTT of South sponsor of S. 65, a bill to ensure that school or secondary school that does Carolina, the name of the Senator from goods made with forced labor in the not offer in-person instruction. AGERTY Tennessee (Mr. H ) was added as Xinjiang Uyghur Autonomous Region S. 212 a cosponsor of S. 13, a bill to establish of the People’s Republic of China do At the request of Mr. CARDIN, the an advisory committee to make rec- not enter the United States market, names of the Senator from New Hamp- ommendations on improvements to the and for other purposes. shire (Mrs. SHAHEEN), the Senator from security, integrity, and administration S. 74 Pennsylvania (Mr. CASEY), the Senator of Federal elections. At the request of Mr. SCOTT of South from West Virginia (Mrs. CAPITO) and S. 26 Carolina, the name of the Senator from the Senator from Alaska (Ms. MUR- At the request of Mr. PORTMAN, the Arkansas (Mr. BOOZMAN) was added as KOWSKI) were added as cosponsors of S. name of the Senator from California a cosponsor of S. 74, a bill to expand 212, a bill to amend the Internal Rev- (Mrs. FEINSTEIN) was added as a co- opportunity through greater choice in enue Code of 1986 to allow a refundable sponsor of S. 26, a bill to provide the education, and for other purposes. tax credit against income tax for the Administrator of the Drug-Free Com- S. 80 purchase of qualified access technology munities Support Program the author- At the request of Ms. ERNST, the for the blind. ity to waive the Federal fund limita- name of the Senator from Tennessee S. 225 tion for the Drug-Free Communities (Mr. HAGERTY) was added as a cospon- At the request of Ms. KLOBUCHAR, the Support Program. sor of S. 80, a bill to require U.S. Immi- names of the Senator from Virginia S. 32 gration and Customs Enforcement to (Mr. WARNER) and the Senator from At the request of Mrs. GILLIBRAND, take into custody certain aliens who Minnesota (Ms. SMITH) were added as the name of the Senator from New have been charged in the United States cosponsors of S. 225, a bill to reform Mexico (Mr. LUJA´ N) was added as a co- with a crime that resulted in the death the antitrust laws to better protect sponsor of S. 32, a bill to provide for or serious bodily injury of another per- competition in the American economy, the establishment of a standing Health son, and for other purposes. to amend the Clayton Act to modify Force and a Resilience Force to re- S. 98 the standard for an unlawful acquisi- spond to public health emergencies and At the request of Mr. CARDIN, the tion, to deter anticompetitive exclu- meet public health needs. names of the Senator from Michigan sionary conduct that harms competi- S. 35 (Ms. STABENOW) and the Senator from tion and consumers, to enhance the At the request of Mr. VAN HOLLEN, Kansas (Mr. MORAN) were added as co- ability of the Department of Justice the names of the Senator from Ohio sponsors of S. 98, a bill to amend the and the Federal Trade Commission to

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.020 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S707 enforce the antitrust laws, and for that the April 21, 2020, Navigable 1303(a)(1) of title 41, United States Code (or other purposes. Waters Protection Rule should not be any successor regulations)) manufactured by an entity or entities that enter into a con- S. 248 withdrawn or vacated. tract with the Secretary to sell such equip- At the request of Mrs. GILLIBRAND, S. RES. 34 ment to the Secretary for such purpose; and the name of the Senator from Michigan At the request of Mr. MENENDEZ, the ‘‘(II) that additional amounts made avail- (Ms. STABENOW) was added as a cospon- names of the Senator from Massachu- able under this section for the purposes de- sor of S. 248, a bill to provide paid fam- setts (Mr. MARKEY), the Senator from scribed in subclause (I), up to 100 percent of ily and medical leave benefits to cer- Rhode Island (Mr. REED), the Senator such amounts, are allocated to procurement of domestic end products as described in sub- tain individuals, and for other pur- from Oregon (Mr. WYDEN), the Senator clause (I), provided that, with respect to any poses. from Pennsylvania (Mr. TOOMEY), the such procurement of domestic end products S. 255 Senator from Wyoming (Ms. LUMMIS) in excess of the amount required under sub- At the request of Mr. WICKER, the and the Senator from Florida (Mr. clause (I), domestic supply exists and the names of the Senator from North Caro- SCOTT) were added as cosponsors of S. costs of procuring equipment that is a do- mestic end product are not unreasonably lina (Mr. TILLIS), the Senator from Or- Res. 34, a resolution recognizing the high compared to other equipment that is egon (Mr. MERKLEY), the Senator from 200th anniversary of the independence of Greece and celebrating democracy in not a domestic end product. Arizona (Mr. KELLY), the Senator from ‘‘(ii) EXCEPTION.—In the event that there is Nevada (Ms. CORTEZ MASTO) and the Greece and the United States. insufficient domestic end product available Senator from Illinois (Ms. DUCKWORTH) S. RES. 45 for procurement to meet the needs for cer- were added as cosponsors of S. 255, a At the request of Mr. BOOKER, the tain covered testing equipment and personal bill to establish a $120,000,000,000 Res- names of the Senator from Tennessee protective equipment for the stockpile under taurant Revitalization Fund to provide (Mr. HAGERTY), the Senator from Okla- paragraph (1) while satisfying the require- ment of clause (i)(I), or that the cost of pro- homa (Mr. LANKFORD), the Senator structured relief to food service or curing equipment that is a domestic end drinking establishments, and for other from Indiana (Mr. BRAUN), the Senator product in quantities required under clause purposes. from South Carolina (Mr. GRAHAM), the (i)(I) would be unreasonably high compared S. 278 Senator from Indiana (Mr. YOUNG), the to other equipment that is not a domestic ´ At the request of Mr. WARNOCK, the Senator from New Mexico (Mr. LUJAN), end product, clause (i)(I) shall apply with re- names of the Senator from Ohio (Mr. the Senator from Mississippi (Mrs. spect to the applicable equipment only to HYDE-SMITH) and the Senator from the extent that such equipment that is a do- BROWN) and the Senator from New mestic end product is available and to the South Dakota (Mr. ROUNDS) were added York (Mrs. GILLIBRAND) were added as extent that the cost is not unreasonable, as cosponsors of S. 278, a bill to require as cosponsors of S. Res. 45, a resolution applicable. the Secretary of Agriculture to provide celebrating Black History Month. ‘‘(B) SALE OR TRANSFER OF PPE.— assistance for socially disadvantaged f ‘‘(i) IN GENERAL.—With respect to any cov- ered testing equipment and personal protec- farmers and ranchers and socially dis- STATEMENTS ON INTRODUCED advantaged groups, and for other pur- tive equipment in the stockpile under para- BILLS AND JOINT RESOLUTION graph (1), the Secretary— poses. By Mr. DURBIN (for himself and ‘‘(I) shall assess the stock of such equip- S.J. RES. 3 Mr. CASSIDY): ment on a regular basis, and not less fre- At the request of Mr. CRUZ, the name S. 308. A bill to establish a pilot pro- quently than— of the Senator from Wyoming (Ms. ‘‘(aa) twice per year, other than during pe- gram to address shortages of testing riods described in item (bb); or LUMMIS) was added as a cosponsor of equipment and personal protective ‘‘(bb) monthly, during any period in which S.J. Res. 3, a joint resolution proposing equipment through enhanced domestic the Secretary determines it likely that such an amendment to the Constitution of production, and for other purposes; to equipment will be deployed, such as during a the United States relative to limiting the Committee on Health, Education, public health emergency; the number of terms that a Member of Labor, and Pensions. ‘‘(II) shall communicate to manufacturers Congress may serve. Mr. DURBIN. Mr. President, I ask and suppliers of such equipment to the stockpile under paragraph (1) if an assess- S.J. RES. 4 unanimous consent that the text of the ment under subclause (I) indicates that there At the request of Mr. RUBIO, the bill be printed in the RECORD. will be an increased need for such equipment; name of the Senator from Nebraska There being no objection, the text of ‘‘(III) may, at appropriate intervals and (Mrs. FISCHER) was added as a cospon- the bill was ordered to be printed in with respect to any such equipment in such sor of S.J. Res. 4, a joint resolution the RECORD, as follows: stockpile— proposing an amendment to the Con- S. 308 ‘‘(aa) transfer such equipment to other agencies or operating divisions within the stitution of the United States to re- Be it enacted by the Senate and House of Rep- quire that the Supreme Court of the Department of Health and Human Services, resentatives of the United States of America in or to the Department of Defense, the Depart- United States be composed of not more Congress assembled, ment of Homeland Security, the Department than 9 justices. SECTION 1. SHORT TITLE. of Veterans Affairs, or any other Federal S. CON. RES. 3 This Act may be cited as the ‘‘Protecting agency or department, in accordance with At the request of Mr. MANCHIN, the Providers Everywhere in America Act’’ or the needs of such agencies, divisions, or de- names of the Senator from Montana the ‘‘PPE in America Act’’. partments; or SEC. 2. DOMESTIC PPE PROCUREMENT PILOT ‘‘(bb) sell such equipment to health care fa- (Mr. TESTER) and the Senator from Illi- PROGRAM. cilities at a competitive price, as determined UCKWORTH nois (Ms. D ) were added as (a) IN GENERAL.—Section 319F–2(a) of the by the Secretary, taking into account the cosponsors of S. Con. Res. 3, a concur- Public Health Service Act (42 U.S.C. 247d– current market pricing for the applicable rent resolution authorizing the use of 6b(a)) is amended by adding at the end the equipment and the operational budget for the rotunda of the Capitol for the lying following: the stockpile; and in state of the remains of the last ‘‘(6) DOMESTIC PROCUREMENT PILOT PRO- ‘‘(IV) may enter into a contract or cooper- Medal of Honor recipient of World War GRAM.— ative agreement with an entity that has ex- II, in order to honor the Greatest Gen- ‘‘(A) IN GENERAL.— pertise in supply chain logistics and manage- eration and the more than 16,000,000 ‘‘(i) REQUIREMENT TO PURCHASE DOMESTIC ment to carry out the activities described in END PRODUCTS.—For the period of fiscal years this subparagraph. men and women who served in the 2022 through 2026, subject to clause (ii), the ‘‘(ii) GROUP PURCHASING ORGANIZATIONS AND Armed Forces of the United States Secretary shall ensure— MEDICAL PRODUCT DISTRIBUTORS.—In making from 1941 to 1945. ‘‘(I) that not less than 40 percent of sales under clause (i)(II)(bb), the Secretary S. RES. 17 amounts made available under this section may transact with group purchasing organi- At the request of Ms. ERNST, the for purposes of procuring covered testing zations and medical product distributors to name of the Senator from South Da- equipment and personal protective equip- facilitate timeliness, logistical assistance, ment for the stockpile under paragraph (1) and appropriate pricing, and to determine kota (Mr. THUNE) was added as a co- are allocated to procurement of such equip- appropriate amounts of covered testing sponsor of S. Res. 17, a resolution ex- ment that is a domestic end product (as de- equipment and personal protective equip- pressing the sense of the Senate that fined in part 25.003 of the Federal Acquisition ment for applicable health care facilities. clean water is a national priority and Regulations maintained under section ‘‘(iii) COMPENSATION TO HHS.—

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.026 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S708 CONGRESSIONAL RECORD — SENATE February 12, 2021 ‘‘(I) TRANSFERS FROM OTHER AGENCIES.—A By Mr. DURBIN (for himself, Mr. sicians from being eligible to receive Federal agency receiving equipment as de- LEE, and Mr. COONS): loan forgiveness by requiring that bor- scribed in clause (i)(II)(aa) shall transfer to S. 309. A bill to give Federal courts rowers be classified as employees in the Secretary such amounts as the Secretary additional discretion to determine order to be eligible for loan forgive- and head of the applicable agency determine whether pretrial detention is appro- ness. to be fair compensation for such equipment. priate for defendants charged with non- The problem is that under state law ‘‘(II) SALES OF PPE.—There shall be trans- in California and Texas, doctors are ferred from the Treasury to the Secretary violent drug offenses in Federal crimi- each fiscal year, for purposes of procuring nal cases; to the Committee on the Ju- prevented from being directly em- covered testing equipment and personal pro- diciary. ployed by corporations, including non- tective equipment for the stockpile under Mr. DURBIN. Mr. President, I ask profit organizations. As a result, physi- paragraph (1), an amount equal to the sum of unanimous consent that the text of the cians in California and Texas who pro- the amount received in the previous fiscal bill be printed in the RECORD. vide medical services at nonprofit hos- year from sales described in clause (i)(II)(bb). There being no objection, the text of pitals do not currently qualify for the ‘‘(C) VENDOR-MANAGED INVENTORY.—For the bill was ordered to be printed in Public Service Loan Forgiveness pro- purposes of meeting the goals under subpara- the RECORD, as follows: gram. graph (A), and to promote efficient and pre- S. 309 To make matters worse, the United dictable operations of the stockpile while States is facing a shortage of physi- Be it enacted by the Senate and House of Rep- mitigating the risk of product expiration or cians, especially in California. shortages, the Secretary may enter into ar- resentatives of the United States of America in Congress assembled, The Council on Graduate Medical rangements, through a competitive bidding Education recommends 60 to 80 pri- process, with one or more manufacturers of SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Smarter mary care physicians per 100,000 people. domestic end products to establish and uti- However, statewide in California, the lize revolving stockpiles of covered testing Pretrial Detention for Drug Charges Act of equipment and personal protective equip- 2021’’. number is already down to just 50 per ment managed and operated by such manu- SEC. 2. RELEASE CONDITIONS AND DETENTION 100,000 people. And in some places, it is facturer. Under such an arrangement— IN FEDERAL CRIMINAL CASES. even lower: down to 35 primary care ‘‘(i) the manufacturer (or a subcontractor Section 3142 of title 18, United States Code, physicians per 100,000 people and 39 per or agent of the manufacturer)— is amended— 100,000 people in the Inland Empire and ‘‘(I) shall— (1) by striking ‘‘(42 U.S.C. 14135a)’’ each San Joaquin Valley, respectively. ‘‘(aa) produce or procure covered testing place it appears and inserting ‘‘(34 U.S.C. During this difficult and challenging equipment or personal protective equipment 40702)’’; and time, it is clear that more medical pro- (2) in subsection (e)(3)— for the stockpile under paragraph (1); fessionals are needed. And long after ‘‘(bb) maintain constant supply, posses- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B), this pandemic ends, we will still need sion, and re-stocking capacity of such equip- more doctors to provide high-quality ment in such quantities as the Secretary re- (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively. care, in both rural and urban areas. quires for purposes of the stockpile under That is why I am pleased to intro- paragraph (1); and By Mrs. FEINSTEIN (for herself ‘‘(cc) fulfill or support the deployment, dis- duce the bipartisan ‘‘Stopping Doctor tribution, or dispensing functions of the and Mr. CORNYN): Shortages Act.’’ This legislation would stockpile at the State and local levels, con- S. 311. A bill to amend the Higher help attract more doctors to public sistent with paragraph (3); and Education Act of 1965 to include cer- service and address the looming physi- ‘‘(II) may sell or transfer such equipment tain employment as a health care prac- cian shortage by fixing a loophole that for the purposes of the manufacturer’s exist- titioner as eligible for public service prevents thousands of doctors from ing inventory and commercial contracts; and loan forgiveness, and for other pur- participating in the Public Service ‘‘(ii) the Secretary shall— poses; to the Committee on Health, Loan Forgiveness Program. ‘‘(I) compensate the manufacturer for the Education, Labor, and Pensions. According to the California Medical covered testing equipment or personal pro- Ms. FEINSTEIN. Mr. President, I rise Association, this bill alone could bring tective equipment; and today to talk about an issue of critical as many as 10,000 physicians to Cali- ‘‘(II) pay a management fee, as appro- importance to California: doctor short- fornia over the next ten years. priate. Similar legislation, soon to be intro- ‘‘(D) EVALUATION AND REPORT.— ages. duced in the House by Representatives ‘‘(i) IN GENERAL.—The Secretary shall— First, I want to express my deepest ‘‘(I) conduct an evaluation of the program appreciation and gratitude to the en- JOSH HARDER, JAY OBERNOLTE, JOAQUIN under this paragraph; tire medical community, particularly CASTRO, and VAN TAYLOR, also enjoys ‘‘(II) not later than 2 years after the date the doctors, nurses, and support staff bipartisan support. of enactment of this paragraph, submit an who have been on the frontlines of the I would like to thank Senator JOHN interim report to Congress on such program; coronavirus pandemic. Amidst a severe CORNYN for his support on this critical and shortage of protective equipment, they issue and for cosponsoring the bill. ‘‘(III) not later than 5 years after the date nevertheless continue to work around I ask my colleagues to join us to pass of enactment of this paragraph, complete the ‘‘Stopping Doctor Shortages Act’’ the clock to save countless lives. I— such evaluation and submit to Congress a in a timely manner as we continue to and my colleagues—are eternally final report on the program. find ways to combat the coronavirus grateful. ‘‘(ii) CONSIDERATIONS.—The evaluation and pandemic and save lives. reports under clause (i) shall consider how I have heard from countless Califor- Thank you, Mr. President, I yield the the program has impacted the continuity of nians who have said the same thing: we floor. stockpiling and readiness for the stockpile need more doctors. under paragraph (1), implications of the pro- That is why Congress established the By Mr. DURBIN (for himself, Mr. gram on the domestic supply chain, cost ef- Public Service Loan Forgiveness Pro- GRASSLEY, Mr. WHITEHOUSE, fectiveness of the program, and access to gram in 2007 to encourage doctors to covered testing equipment and personal pro- Mr. TILLIS, Mr. COONS, Mr. tective equipment for the Federal agencies pursue careers at public and nonprofit CRAMER, Mr. BOOKER, and Mr. and health care facilities pursuant to sub- facilities, especially in areas experi- WICKER): paragraph (B)(i)(II). encing physician shortages. As a re- S. 312. A bill to expand eligibility for ‘‘(E) COVERED TESTING EQUIPMENT AND PER- sult, physicians who provide care in a and provide judicial review for the El- SONAL PROTECTIVE EQUIPMENT.—For purposes nonprofit or public hospital can have derly Home Detention Pilot Program, of this paragraph, the term ‘covered testing their student debt forgiven by the Pub- provide for compassionate release equipment and personal protective equip- lic Service Loan Forgiveness Program based on COVID–19 vulnerability, ment’ means diagnostic supplies (which may after making 120 qualifying monthly shorten the waiting period for judicial include test kits, reagents, and swabs), res- payments under a qualifying repay- pirators, masks, gloves, eye and face protec- review during the COVID–19 pandemic, tion, gowns, and any other appropriate ancil- ment plan. and make other technical corrections; lary medical equipment or supplies related However, when the Department of to the Committee on the Judiciary. to testing or personal protection that meet Education issued implementing guid- Mr. DURBIN. Mr. President, I ask the Secretary’s requirements for inclusion in ance for the program, it unintention- unanimous consent that the text of the the stockpile under paragraph (1).’’. ally excluded California and Texas phy- bill be printed in the RECORD.

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.031 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S709 There being no objection, the text of (i) by inserting ‘‘, on or after the date de- SEC. 2. ONLINE PORTAL FOR SNAP BENEFIT RE- the bill was ordered to be printed in scribed in subsection (d)’’ after ‘‘upon mo- DEMPTION. Section 7(h)(14) of the Food and Nutrition the RECORD, as follows: tion of a defendant’’; and (ii) by striking ‘‘after the defendant has Act of 2008 (7 U.S.C. 2016(h)(14)) is amended— S. 312 fully exhausted all administrative rights to (1) in subparagraph (A), by striking ‘‘Sub- Be it enacted by the Senate and House of Rep- appeal a failure of the Bureau of Prisons to ject to subparagraph (B), the’’ and inserting resentatives of the United States of America in bring a motion on the defendant’s behalf or ‘‘The’’; and Congress assembled, the lapse of 30 days from the receipt of such (2) by striking subparagraph (B) and insert- ing the following: SECTION 1. SHORT TITLE. a request by the warden of the defendant’s facility, whichever is earlier,’’; ‘‘(B) EBT ONLINE REDEMPTION PORTAL.— This Act may be cited as the ‘‘COVID–19 ‘‘(i) PURPOSE.—The purpose of this sub- Safer Detention Act of 2021’’. (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and paragraph is to expand options for and access SEC. 2. DEFINITION OF COVERED EMERGENCY (3) by inserting after subsection (c) the fol- to food for eligible households by making the PERIOD. lowing: online redemption of program benefits, in- Section 12003(a)(2) of the CARES Act (18 ‘‘(d) DATE DESCRIBED.—For purposes of cluding the acceptance of EBT cards, more U.S.C. 3621 note) is amended— subsection (c)(1)(A), the date described in widely available to grocery stores, small re- (1) by striking ‘‘ending on the date’’ and this subsection is the earlier of— tailers, and farmers who face barriers in im- inserting the following: ‘‘ending on the later ‘‘(1) the date on which the defendant fully plementing their own online payment por- of— exhausts all administrative rights to appeal tals. ‘‘(A) the date’’; a failure of the Bureau of Prisons to bring a ‘‘(ii) CONTRACTS.—Not later than 180 days (2) in subparagraph (A), as so designated, motion on the defendant’s behalf; or after the date of enactment of the Expanding by striking the ‘‘and’’ at the end and insert- ‘‘(2) the expiration of the 30-day period be- SNAP Options Act of 2021, the Secretary ing ‘‘or’’; and ginning on the date on which the defendant shall award on a competitive basis 1 or more (3) by adding at the end the following: submits a request for a reduction in sentence contracts to 1 or more eligible entities de- scribed in clause (iii) to develop an online ‘‘(B) the date that is 30 days after the date to the warden of the facility in which the de- portal, to be known as the ‘EBT Online Re- on which the Bureau of Prisons ceases modi- fendant is imprisoned, regardless of the sta- demption Portal’— fied operations in response to COVID–19; tus of the request.’’. and’’. ‘‘(I) to allow program participants to use SEC. 5. TEMPORARY SHORTENING OF ADMINIS- online or mobile electronic benefits trans- TRATIVE EXHAUSTION. SEC. 3. HOME DETENTION FOR CERTAIN ELDER- actions, including through the acceptance of LY NONVIOLENT OFFENDERS. Section 12003 of the CARES Act (18 U.S.C. EBT cards, to purchase program foods from, 3621 note) is amended by adding at the end Section 231(g) of the Second Chance Act of and make online payments to, authorized the following: 2007 (34 U.S.C. 60541(g)) is amended— program retailers under the supplemental (1) in paragraph (1), by adding at the end ‘‘(e) COMPASSIONATE RELEASE.—For pur- poses of a motion filed under section nutrition assistance program; and the following: ‘‘(II) to facilitate food purchase delivery ‘‘(D) JUDICIAL REVIEW.— 3582(c)(1) of title 18, United States Code, dur- ing the covered emergency period— for program participants using the trans- ‘‘(i) IN GENERAL.—Upon motion of a defend- actions described in subclause (I). ‘‘(1) the 30-day waiting period requirement ant, on or after the date described in clause ‘‘(iii) ELIGIBLE ENTITY.—An eligible entity in section 3582(d)(2) shall be reduced to not (ii), a court may reduce an imposed term of referred to in clause (ii) is any for-profit or more than 10 days; and imprisonment of the defendant and sub- nonprofit entity with demonstrable expertise ‘‘(2) in the case of a defendant who is, ac- stitute a term of supervised release with the in the development, operation, or mainte- cording to guidance from the Centers for Dis- condition of home detention for the unserved nance of electronic payment systems (in- ease Control and Prevention, considered to portion of the original term of imprison- cluding systems with advanced security pro- be at a higher risk for severe illness from ment, after considering the factors set forth tocols), which may include expertise in bene- COVID–19, including because the defendant is in section 3553(a) of title 18, United States fits management or administration of State 60 years of age or older or has an underlying Code, if the court finds the defendant is an systems, as determined by the Secretary. medical condition, such risk shall be consid- eligible elderly offender or eligible termi- ‘‘(iv) APPLICATION; PORTAL FEATURES.— ered to be an extraordinary and compelling nally ill offender. ‘‘(I) APPLICATION.—An eligible entity shall reason under subparagraph (A)(i) of such sec- ‘‘(ii) DATE DESCRIBED.—The date described submit to the Secretary an application at tion 3582(c)(1). in this clause is the earlier of— such time, in such manner, and containing ‘‘(f) NONVIOLENT ELDERLY OFFENDERS.—For ‘‘(I) the date on which the defendant fully such information as the Secretary may re- exhausts all administrative rights to appeal the purpose of a motion filed under subpara- graph (D) of section 231(g)(1) of the Second quire, including— a failure of the Bureau of Prisons to place ‘‘(aa) a description of how the eligible enti- the defendant on home detention; or Chance Act of 2007 (34 U.S.C. 60541(g)(1)), dur- ing the covered emergency period, the 30-day ty plans to implement the requirements de- ‘‘(II) the expiration of the 30-day period be- scribed in clause (v); and ginning on the date on which the defendant waiting period requirement clause (ii)(II) of such subparagraph (D) shall be reduced to 10 ‘‘(bb) a beta plan that has been user-tested. submits to the warden of the facility in ORTAL FEATURES.—In awarding a days.’’. ‘‘(II) P which the defendant is imprisoned a request contract to an eligible entity under clause for placement of the defendant on home de- By Mr. DURBIN (for himself, Ms. (ii), the Secretary shall give preference to an tention, regardless of the status of the re- eligible entity that demonstrates an ability DUCKWORTH, Mr. BOOKER, Ms. quest.’’; and to implement the following features of an (2) in paragraph (5)— SMITH, Ms. BALDWIN, Mr. SAND- EBT Online Redemption Portal: (A) in subparagraph (A)(ii)— ERS, Mrs. GILLIBRAND, Mrs. ‘‘(aa) Client-facing technology with a pri- (i) by inserting ‘‘including offenses under SHAHEEN, Ms. ROSEN, Ms. mary preference for mobile device or the laws of the District of Columbia,’’ after HIRONO, Mr. MERKLEY, and Mr. smartphone application. ‘‘offense or offenses,’’; and HEINRICH): ‘‘(bb) Fail-safe systems to maintain pri- (ii) by striking ‘‘2/3 of the term of impris- S. 313. A bill to amend the Food and vacy and online security of data. onment to which the offender was sen- ‘‘(cc) Ability to redirect a consumer to an tenced’’ and inserting ‘‘1/2 of the term of im- Nutrition Act of 2008 to expand online benefit redemption options under the existing online platform of a vendor, if appli- prisonment reduced by any credit toward the cable. service of the offender’s sentence awarded supplemental nutrition assistance pro- ‘‘(dd) Ability to update as technologies under section 3624(b) of title 18, United gram, and for other purposes; to the evolve. States Code’’; and Committee on Agriculture, Nutrition, ‘‘(ee) Ease of operation for program par- (B) in subparagraph (D)(i), by inserting ‘‘, and Forestry. ticipants, including multilingual including offenses under the laws of the Dis- Mr. DURBIN. Mr. President, I ask functionality. trict of Columbia,’’ after ‘‘offense or of- unanimous consent that the text of the ‘‘(ff) Interoperability with delivery tech- fenses,’’. bill be printed in the RECORD. nologies and interfaces. SEC. 4. COMPASSIONATE RELEASE TECHNICAL There being no objection, the text of ‘‘(gg) Identification of participating retail- CORRECTION. the bill was ordered to be printed in ers within geographic proximity to the user. Section 3582 of title 18, United States Code, ‘‘(hh) Ability to perform single trans- is amended— the RECORD, as follows: actions using mixed tender, including a sin- (1) in subsection (c)(1)— S. 313 gle transaction for eligible food items using (A) in the matter preceding subparagraph Be it enacted by the Senate and House of Rep- an EBT card and noneligible items using an- (A), by inserting after ‘‘case’’ the following: resentatives of the United States of America in other form of payment. ‘‘, including, notwithstanding any other pro- Congress assembled, ‘‘(ii) Adherence to a comprehensive busi- vision of law, any case involving an offense SECTION 1. SHORT TITLE. ness continuity and disaster recovery plan— committed before November 1, 1987’’; and This Act may be cited as the ‘‘Expanding ‘‘(AA) to allow the portal to recover from (B) in subparagraph (A)— SNAP Options Act of 2021’’. any interruption of service; and

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‘‘(BB) that includes sufficient back-up sys- (3) by striking paragraph (4) and inserting S. RES. 48 tems, equipment, facilities, and trained per- the following: Resolved, sonnel to implement the plan. ‘‘(4) TECHNICAL ASSISTANCE.— SECTION 1. GENERAL AUTHORITY. ‘‘(v) REQUIREMENTS.— ‘‘(A) DEFINITIONS.—In this paragraph: In carrying out its powers, duties, and ‘‘(I) IN GENERAL.—The Online EBT Redemp- ‘‘(i) COVERED ENTITY.—The term ‘covered functions under the Standing Rules of the tion Portal developed by the eligible entity entity’ means a public or private nonprofit Senate, in accordance with its jurisdiction awarded the contract under clause (ii) entity. under rule XXV of the Standing Rules of the shall— ‘‘(ii) ELIGIBLE ENTITY.—The term ‘eligible Senate and S. Res. 445 (108th Congress), ‘‘(aa) enable the integrated processing of entity’ means a retail food store or whole- agreed to October 9, 2004, including holding an online EBT transaction by providing a sale food concern authorized under section 9 hearings, reporting such hearings, and mak- platform and facilitating the purchasing to accept and redeem benefits under the sup- ing investigations as authorized by para- interaction between the consumer, retailer, plemental nutrition assistance program. graphs 1 and 8 of rule XXVI of the Standing third-party processors (for EBT card proc- ‘‘(B) TECHNICAL ASSISTANCE CENTER.—The Rules of the Senate, the Committee on essing and the secure online entry of a per- Secretary, acting through the Administrator Homeland Security and Governmental Af- sonal identification number), and delivery of the Food and Nutrition Service, shall, on fairs (in this resolution referred to as the vendor, as applicable; a competitive basis, award 1 or more grants ‘‘committee’’) is authorized from March 1, ‘‘(bb) to deter fraud, have in place for pro- to, or enter into 1 or more cooperative agree- 2021 through February 28, 2023, in its discre- gram participants privacy and security pro- ments with, 1 or more covered entities to es- tion, to— tections, similar to protections provided tablish a technical assistance center, to be (1) make expenditures from the contingent under existing electronic benefit transfer known as the ‘SNAP Online Purchasing fund of the Senate; methods, including entry of a personal iden- Technical Assistance Center’, to provide— (2) employ personnel; and tification number in a manner that complies ‘‘(i) to State agencies, eligible entities, and (3) with the prior consent of the Govern- with the guidelines of leading national con- program participants information on and ment department or agency concerned and sensus standards organizations, as deter- technical assistance with, as applicable— the Committee on Rules and Administration, mined by the Secretary, for encrypting per- ‘‘(I) accepting program benefits through use on a reimbursable or nonreimbursable sonal identification number entry; online transactions; basis the services of personnel of any such ‘‘(cc) be secure and operate in a manner ‘‘(II) using the EBT Online Redemption department or agency. that maintains program integrity, including Portal described in subsection (h)(14)(B); SEC. 2. EXPENSES. food item eligibility; ‘‘(III) in the case of State agencies, con- (a) EXPENSES FOR PERIOD ENDING SEP- ‘‘(dd) be available in an initial or beta ducting outreach to eligible entities to en- TEMBER 30, 2021.—The expenses of the com- version not later than 120 days after the date sure that those eligible entities are informed mittee for the period March 1, 2021 through on which the eligible entity is awarded the of the technical assistance provided by the September 30, 2021 under this resolution contract; center; shall not exceed $6,430,401, of which ‘‘(ee) be ready to be fully deployed in all ‘‘(IV) research, training, and best practices amount— States not later than 180 days after the date relating to redeeming program benefits (1) not to exceed $75,000 may be expended described in item (dd); through online transactions; and for the procurement of the services of indi- ‘‘(ff) be available for use by any retail food ‘‘(V) facilitating communication between vidual consultants, or organizations thereof store or wholesale food concern authorized eligible entities, applicable State agencies, (as authorized by section 202(i) of the Legis- under section 9 to accept and redeem bene- and the Department of Agriculture; and lative Reorganization Act of 1946 (2 U.S.C. fits under the supplemental nutrition assist- ‘‘(ii) to eligible entities direct grants to de- 4301(i))); and ance program— fray the technological costs of carrying out (2) not to exceed $20,000 may be expended ‘‘(AA) at no charge beyond a nominal fee the activities described in subclauses (I) and for the training of the professional staff of that is not more than reasonably necessary (II) of clause (i). the committee (under procedures specified to support maintenance of the portal and by section 202(j) of that Act). ‘‘(C) QUALIFICATIONS.—At least 1 covered subject to the approval of the Secretary; and (b) EXPENSES FOR FISCAL YEAR 2022 PE- entity that receives a grant or enters into a ‘‘(BB) on an application-based and browser- RIOD.—The expenses of the committee for the cooperative agreement under subparagraph based platform for smartphones and a brows- period October 1, 2021 through September 30, er-based online platform for tablets and com- (B) shall have expertise in providing tech- 2022 under this resolution shall not exceed puters; nical assistance to food retailers operating $11,023,545, of which amount— ‘‘(gg) adhere to commercial standards for under a Federal nutrition program. (1) not to exceed $75,000 may be expended service level availability to ensure the via- ‘‘(D) TECHNICAL ASSISTANCE PRIORITY.—In for the procurement of the services of indi- bility of the portal and the use of the portal providing technical assistance to eligible en- vidual consultants, or organizations thereof by retail food stores and wholesale food con- tities, the SNAP Online Purchasing Tech- (as authorized by section 202(i) of the Legis- cerns authorized under section 9 to accept nical Assistance Center shall give priority to lative Reorganization Act of 1946 (2 U.S.C. and redeem benefits under the supplemental eligible entities that are small and limited- 4301(i))); and nutrition assistance program; and resource retailers. (2) not to exceed $20,000 may be expended ‘‘(hh) perform ongoing maintenance serv- ‘‘(E) FUNDING.—There is appropriated to for the training of the professional staff of ices and retailer enrollment and termination the Secretary, out of funds of the Treasury the committee (under procedures specified of enrollment activities to ensure continuous not otherwise appropriated, $75,000,000 to by section 202(j) of that Act). operability of the portal. carry out this paragraph, to remain avail- (c) EXPENSES FOR PERIOD ENDING FEBRUARY ‘‘(II) EVALUATION OF BETA VERSION.—The able until expended, of which not more than 28, 2023.—The expenses of the committee for Secretary shall conduct a review of the ini- 3 percent may be used by the Secretary for the period October 1, 2022 through February tial or beta version of the Online EBT Re- administrative expenses. 28, 2023 under this resolution shall not exceed demption Portal under subclause (I)(dd), in- ‘‘(5) PUBLICATION OF ONLINE VENDORS.—The $4,593,144, of which amount— cluding by soliciting feedback from program Secretary shall maintain on the website of (1) not to exceed $75,000 may be expended participants. the Department of Agriculture a publicly for the procurement of the services of indi- ‘‘(vi) REPORT TO CONGRESS.—Not later than available listing, organized and searchable vidual consultants, or organizations thereof 240 days after the date of enactment of the by region, locality, and State, of all ap- (as authorized by section 202(i) of the Legis- Expanding SNAP Options Act of 2021, the proved retail food stores accepting benefits lative Reorganization Act of 1946 (2 U.S.C. Secretary shall submit to Congress a report from recipients of supplemental nutrition as- 4301(i))); and on the status of activities carried out under sistance, including through online trans- (2) not to exceed $20,000 may be expended this subparagraph. actions.’’. for the training of the professional staff of ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— f the committee (under procedures specified by section 202(j) of that Act). There is appropriated to the Secretary, out SUBMITTED RESOLUTIONS of funds of the Treasury not otherwise appro- SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. priated, $25,000,000 to provide under the con- (a) EXPENSES OF THE COMMITTEE.— (1) IN GENERAL.—Except as provided in tract described in clause (ii).’’. SENATE RESOLUTION 48—AUTHOR- SEC. 3. BROAD ACCEPTANCE OF SNAP BENEFITS paragraph (2), expenses of the committee THROUGH ONLINE TRANSACTIONS. IZING EXPENDITURES BY THE under this resolution shall be paid from the Section 7(k) of the Food and Nutrition Act COMMITTEE ON HOMELAND SE- contingent fund of the Senate upon vouchers of 2008 (7 U.S.C. 2016(k)) is amended— CURITY AND GOVERNMENTAL approved by the chairman of the committee. (1) by striking ‘‘on-line’’ each place it ap- AFFAIRS (2) VOUCHERS NOT REQUIRED.—Vouchers pears and inserting ‘‘online’’; Mr. PETERS submitted the following shall not be required for— (2) in paragraph (1)— (A) the disbursement of salaries of employ- (A) by striking ‘‘Subject to paragraph (4), resolution; from the Committee on ees paid at an annual rate; the’’ and inserting ‘‘The’’; and Homeland Security and Governmental (B) the payment of telecommunications (B) by inserting ‘‘in any State’’ after Affairs; which was referred to the Com- provided by the Office of the Sergeant at ‘‘stores’’; and mittee on Rules and Administration: Arms and Doorkeeper;

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.033 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S711 (C) the payment of stationery supplies pur- (5) the efficiency and economy of oper- deposition in accordance with the Com- chased through the Keeper of the Stationery; ations of all branches and functions of the mittee Rules of Procedure. (D) payments to the Postmaster of the Government with particular reference to— (d) AUTHORITY OF OTHER COMMITTEES.— Senate; (A) the effectiveness of present national se- Nothing contained in this section shall affect (E) the payment of metered charges on curity methods, staffing, and processes as or impair the exercise of any other standing copying equipment provided by the Office of tested against the requirements imposed by committee of the Senate of any power, or the the Sergeant at Arms and Doorkeeper; the rapidly mounting complexity of national discharge by such committee of any duty, (F) the payment of Senate Recording and security problems; conferred or imposed upon it by the Standing Photographic Services; or (B) the capacity of present national secu- Rules of the Senate or by the Legislative Re- (G) the payment of franked and mass mail rity staffing, methods, and processes to organization Act of 1946. costs by the Sergeant at Arms and Door- make full use of the Nation’s resources of (e) SUBPOENA AUTHORITY.—All subpoenas keeper. knowledge and talents; and related legal processes of the committee (b) AGENCY CONTRIBUTIONS.—There are au- (C) the adequacy of present intergovern- and any duly authorized subcommittee of thorized to be paid from the appropriations mental relations between the United States the committee authorized under S. Res. 70 account for ‘‘Expenses of Inquiries and Inves- and international organizations principally (116th Congress), agreed to February 27, 2019, tigations’’ of the Senate such sums as may concerned with national security of which are authorized to continue. be necessary for agency contributions re- the United States is a member; and f lated to the compensation of employees of (D) legislative and other proposals to im- the committee— prove these methods, processes, and relation- SENATE RESOLUTION 49—AUTHOR- (1) for the period March 1, 2021 through ships; IZING EXPENDITURES BY THE September 30, 2021; (6) the efficiency, economy, and effective- COMMITTEE ON ENVIRONMENT (2) for the period October 1, 2021 through ness of all agencies and departments of the AND PUBLIC WORKS September 30, 2022; and Government involved in the control and (3) for the period October 1, 2022 through Mr. CARPER submitted the following management of energy shortages including, February 28, 2023. but not limited to, their performance with resolution; from the Committee on En- SEC. 4. INVESTIGATIONS. respect to— vironment and Public Works; which (a) IN GENERAL.—The committee, or any (A) the collection and dissemination of ac- was referred to the Committee on duly authorized subcommittee of the com- curate statistics on fuel demand and supply; Rules and Administration: mittee, is authorized to study or inves- (B) the implementation of effective energy tigate— S. RES. 49 conservation measures; (1) the efficiency and economy of oper- Resolved, (C) the pricing of energy in all forms; ations of all branches of the Government in- SECTION 1. GENERAL AUTHORITY. (D) coordination of energy programs with cluding the possible existence of fraud, mis- In carrying out its powers, duties, and State and local government; feasance, malfeasance, collusion, mis- functions under the Standing Rules of the (E) control of exports of scarce fuels; management, incompetence, corruption, or Senate, in accordance with its jurisdiction unethical practices, waste, extravagance, (F) the management of tax, import, pric- under rule XXV of the Standing Rules of the conflicts of interest, and the improper ex- ing, and other policies affecting energy sup- Senate, including holding hearings, report- penditure of Government funds in trans- plies; ing such hearings, and making investiga- actions, contracts, and activities of the Gov- (G) maintenance of the independent sector tions as authorized by paragraphs 1 and 8 of ernment or of Government officials and em- of the petroleum industry as a strong com- rule XXVI of the Standing Rules of the Sen- ployees and any and all such improper prac- petitive force; ate, the Committee on Environment and tices between Government personnel and (H) the allocation of fuels in short supply Public Works (in this resolution referred to corporations, individuals, companies, or per- by public and private entities; as the ‘‘committee’’) is authorized from sons affiliated therewith, doing business (I) the management of energy supplies March 1, 2021 through February 28, 2023, in with the Government, and the compliance or owned or controlled by the Government; its discretion, to— noncompliance of such corporations, compa- (J) relations with other oil producing and (1) make expenditures from the contingent nies, or individuals or other entities with the consuming countries; fund of the Senate; rules, regulations, and laws governing the (K) the monitoring of compliance by gov- (2) employ personnel; and various governmental agencies and its rela- ernments, corporations, or individuals with (3) with the prior consent of the Govern- tionships with the public; the laws and regulations governing the allo- ment department or agency concerned and (2) the extent to which criminal or other cation, conservation, or pricing of energy the Committee on Rules and Administration, improper practices or activities are, or have supplies; and use on a reimbursable or nonreimbursable been, engaged in the field of labor-manage- (L) research into the discovery and devel- basis the services of personnel of any such ment relations or in groups or organizations opment of alternative energy supplies; and department or agency. (7) the efficiency and economy of all of employees or employers, to the detriment SEC. 2. EXPENSES. branches and functions of Government with of interests of the public, employers, or em- (a) EXPENSES FOR PERIOD ENDING SEP- particular references to the operations and ployees, and to determine whether any TEMBER 30, 2021.—The expenses of the com- changes are required in the laws of the management of Federal regulatory policies mittee for the period March 1, 2021 through United States in order to protect such inter- and programs. September 30, 2021 under this resolution ests against the occurrence of such practices (b) EXTENT OF INQUIRIES.—In carrying out shall not exceed $3,310,821, of which or activities; the duties provided in subsection (a), the in- amount— (3) organized criminal activity which may quiries of this committee or any sub- (1) not to exceed $4,666 may be expended for operate in or otherwise utilize the facilities committee of the committee shall not be the procurement of the services of individual of interstate or international commerce in construed to be limited to the records, func- consultants, or organizations thereof (as au- furtherance of any transactions and the tions, and operations of any particular thorized by section 202(i) of the Legislative manner and extent to which, and the iden- branch of the Government and may extend Reorganization Act of 1946 (2 U.S.C. 4301(i))); tity of the persons, firms, or corporations, or to the records and activities of any persons, and other entities by whom such utilization is corporation, or other entity. (2) not to exceed $1,166 may be expended for being made, and further, to study and inves- (c) SPECIAL COMMITTEE AUTHORITY.—For the training of the professional staff of the tigate the manner in which and the extent to the purposes of this section, the committee, committee (under procedures specified by which persons engaged in organized criminal or any duly authorized subcommittee of the section 202(j) of that Act). activity have infiltrated lawful business en- committee, or its chairman, or any other (b) EXPENSES FOR FISCAL YEAR 2022 PE- terprise, and to study the adequacy of Fed- member of the committee or subcommittee RIOD.—The expenses of the committee for the eral laws to prevent the operations of orga- designated by the chairman is authorized, in period October 1, 2021 through September 30, nized crime in interstate or international its, his, her, or their discretion— 2022 under this resolution shall not exceed commerce, and to determine whether any (1) to require by subpoena or otherwise the $5,675,695, of which amount— changes are required in the laws of the attendance of witnesses and production of (1) not to exceed $8,000 may be expended for United States in order to protect the public correspondence, books, papers, and docu- the procurement of the services of individual against such practices or activities; ments; consultants, or organizations thereof (as au- (4) all other aspects of crime and lawless- (2) to hold hearings; thorized by section 202(i) of the Legislative ness within the United States which have an (3) to sit and act at any time or place dur- Reorganization Act of 1946 (2 U.S.C. 4301(i))); impact upon or affect the national health, ing the sessions, recess, and adjournment pe- and welfare, and safety, including but not lim- riods of the Senate; (2) not to exceed $2,000 may be expended for ited to investment fraud schemes, com- (4) to administer oaths; and the training of the professional staff of the modity and security fraud, computer fraud, (5) to take testimony, either orally or by committee (under procedures specified by and the use of offshore banking and cor- sworn statement, or, in the case of staff section 202(j) of that Act). porate facilities to carry out criminal objec- members of the Committee and the Perma- (c) EXPENSES FOR PERIOD ENDING FEBRUARY tives; nent Subcommittee on Investigations, by 28, 2023.—The expenses of the committee for

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.035 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 12, 2021 the period October 1, 2022 through February use on a reimbursable or nonreimbursable (3) for the period October 1, 2022 through 28, 2023 under this resolution shall not exceed basis the services of personnel of any such February 28, 2023. $2,364,874, of which amount— department or agency. f (1) not to exceed $3,334 may be expended for SEC. 2. EXPENSES. the procurement of the services of individual (a) EXPENSES FOR PERIOD ENDING SEP- SENATE RESOLUTION 51—AUTHOR- consultants, or organizations thereof (as au- TEMBER 30, 2021.—The expenses of the com- IZING EXPENDITURES BY THE thorized by section 202(i) of the Legislative mittee for the period March 1, 2021 through COMMITTEE ON BANKING, HOUS- Reorganization Act of 1946 (2 U.S.C. 4301(i))); September 30, 2021 under this resolution ING, AND URBAN AFFAIRS and shall not exceed $4,786,564, of which (2) not to exceed $834 may be expended for amount— Mr. BROWN submitted the following the training of the professional staff of the (1) not to exceed $35,000 may be expended resolution; from the Committee on committee (under procedures specified by for the procurement of the services of indi- Banking, Housing, and Urban Affairs; section 202(j) of that Act). vidual consultants, or organizations thereof which was referred to the Committee SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. (as authorized by section 202(i) of the Legis- on Rules and Administration: (a) EXPENSES OF THE COMMITTEE.— lative Reorganization Act of 1946 (2 U.S.C. S. RES. 51 (1) IN GENERAL.—Except as provided in 4301(i))); and Resolved, paragraph (2), expenses of the committee (2) not to exceed $11,667 may be expended under this resolution shall be paid from the for the training of the professional staff of SECTION 1. GENERAL AUTHORITY. contingent fund of the Senate upon vouchers the committee (under procedures specified In carrying out its powers, duties, and approved by the chairman of the committee. by section 202(j) of that Act). functions under the Standing Rules of the (2) VOUCHERS NOT REQUIRED.—Vouchers (b) EXPENSES FOR FISCAL YEAR 2022 PE- Senate, in accordance with its jurisdiction shall not be required for— RIOD.—The expenses of the committee for the under rule XXV of the Standing Rules of the (A) the disbursement of salaries of employ- period October 1, 2021 through September 30, Senate, including holding hearings, report- ees paid at an annual rate; 2022 under this resolution shall not exceed ing such hearings, and making investiga- (B) the payment of telecommunications $8,205,538, of which amount— tions as authorized by paragraphs 1 and 8 of provided by the Office of the Sergeant at (1) not to exceed $60,000 may be expended rule XXVI of the Standing Rules of the Sen- Arms and Doorkeeper; for the procurement of the services of indi- ate, the Committee on Banking, Housing, (C) the payment of stationery supplies pur- vidual consultants, or organizations thereof and Urban Affairs (in this resolution referred chased through the Keeper of the Stationery; (as authorized by section 202(i) of the Legis- to as the ‘‘committee’’) is authorized from (D) payments to the Postmaster of the lative Reorganization Act of 1946 (2 U.S.C. March 1, 2021 through February 28, 2023, in Senate; 4301(i))); and its discretion, to— (E) the payment of metered charges on (2) not to exceed $20,000 may be expended (1) make expenditures from the contingent copying equipment provided by the Office of for the training of the professional staff of fund of the Senate; the Sergeant at Arms and Doorkeeper; the committee (under procedures specified (2) employ personnel; and (F) the payment of Senate Recording and by section 202(j) of that Act). (3) with the prior consent of the Govern- Photographic Services; or (c) EXPENSES FOR PERIOD ENDING FEBRUARY ment department or agency concerned and (G) the payment of franked and mass mail 28, 2023.—The expenses of the committee for the Committee on Rules and Administration, costs by the Sergeant at Arms and Door- the period October 1, 2022 through February use on a reimbursable or nonreimbursable keeper. 28, 2023 under this resolution shall not exceed basis the services of personnel of any such (b) AGENCY CONTRIBUTIONS.—There are au- $3,418,947, of which amount— department or agency. thorized to be paid from the appropriations (1) not to exceed $25,000 may be expended SEC. 2. EXPENSES. account for ‘‘Expenses of Inquiries and Inves- for the procurement of the services of indi- (a) EXPENSES FOR PERIOD ENDING SEP- tigations’’ of the Senate such sums as may vidual consultants, or organizations thereof TEMBER 30, 2021.—The expenses of the com- be necessary for agency contributions re- (as authorized by section 202(i) of the Legis- mittee for the period March 1, 2021 through lated to the compensation of employees of lative Reorganization Act of 1946 (2 U.S.C. September 30, 2021 under this resolution the committee— 4301(i))); and shall not exceed $3,730,507, of which (1) for the period March 1, 2021 through (2) not to exceed $8,333 may be expended for amount— September 30, 2021; the training of the professional staff of the (1) not to exceed $11,666 may be expended (2) for the period October 1, 2021 through committee (under procedures specified by for the procurement of the services of indi- September 30, 2022; and section 202(j) of that Act). vidual consultants, or organizations thereof (3) for the period October 1, 2022 through SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. (as authorized by section 202(i) of the Legis- February 28, 2023. (a) EXPENSES OF THE COMMITTEE.— lative Reorganization Act of 1946 (2 U.S.C. f (1) IN GENERAL.—Except as provided in 4301(i))); and paragraph (2), expenses of the committee (2) not to exceed $875 may be expended for SENATE RESOLUTION 50—AUTHOR- under this resolution shall be paid from the the training of the professional staff of the IZING EXPENDITURES BY THE contingent fund of the Senate upon vouchers committee (under procedures specified by COMMITTEE ON ARMED SERV- approved by the chairman of the committee. section 202(j) of that Act). ICES (2) VOUCHERS NOT REQUIRED.—Vouchers (b) EXPENSES FOR FISCAL YEAR 2022 PE- shall not be required for— RIOD.—The expenses of the committee for the Mr. REED submitted the following (A) the disbursement of salaries of employ- period October 1, 2021 through September 30, resolution; from the Committee on ees paid at an annual rate; 2022 under this resolution shall not exceed Armed Services; which was referred to (B) the payment of telecommunications $6,395,155, of which amount— the Committee on Rules and Adminis- provided by the Office of the Sergeant at (1) not to exceed $20,000 may be expended tration: Arms and Doorkeeper; for the procurement of the services of indi- (C) the payment of stationery supplies pur- vidual consultants, or organizations thereof S. RES. 50 chased through the Keeper of the Stationery; (as authorized by section 202(i) of the Legis- Resolved, (D) payments to the Postmaster of the lative Reorganization Act of 1946 (2 U.S.C. SECTION 1. GENERAL AUTHORITY. Senate; 4301(i))); and In carrying out its powers, duties, and (E) the payment of metered charges on (2) not to exceed $1,500 may be expended for functions under the Standing Rules of the copying equipment provided by the Office of the training of the professional staff of the Senate, in accordance with its jurisdiction the Sergeant at Arms and Doorkeeper; committee (under procedures specified by under rule XXV of the Standing Rules of the (F) the payment of Senate Recording and section 202(j) of that Act). Senate, including holding hearings, report- Photographic Services; or (c) EXPENSES FOR PERIOD ENDING FEBRUARY ing such hearings, and making investiga- (G) the payment of franked and mass mail 28, 2023.—The expenses of the committee for tions as authorized by paragraphs 1 and 8 of costs by the Sergeant at Arms and Door- the period October 1, 2022 through February rule XXVI of the Standing Rules of the Sen- keeper. 28, 2023 under this resolution shall not exceed ate, the Committee on Armed Services (in (b) AGENCY CONTRIBUTIONS.—There are au- $2,664,648, of which amount— this resolution referred to as the ‘‘com- thorized to be paid from the appropriations (1) not to exceed $8,334 may be expended for mittee’’) is authorized from March 1, 2021 account for ‘‘Expenses of Inquiries and Inves- the procurement of the services of individual through February 28, 2023, in its discretion, tigations’’ of the Senate such sums as may consultants, or organizations thereof (as au- to— be necessary for agency contributions re- thorized by section 202(i) of the Legislative (1) make expenditures from the contingent lated to the compensation of employees of Reorganization Act of 1946 (2 U.S.C. 4301(i))); fund of the Senate; the committee— and (2) employ personnel; and (1) for the period March 1, 2021 through (2) not to exceed $625 may be expended for (3) with the prior consent of the Govern- September 30, 2021; the training of the professional staff of the ment department or agency concerned and (2) for the period October 1, 2021 through committee (under procedures specified by the Committee on Rules and Administration, September 30, 2022; and section 202(j) of that Act).

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.036 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S713

SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. (as authorized by section 202(i) of the Legis- S. RES. 53 (a) EXPENSES OF THE COMMITTEE.— lative Reorganization Act of 1946 (2 U.S.C. Resolved, (1) IN GENERAL.—Except as provided in 4301(i))); and SECTION 1. GENERAL AUTHORITY. paragraph (2), expenses of the committee (2) not to exceed $40,000 may be expended under this resolution shall be paid from the for the training of the professional staff of In carrying out its powers, duties, and contingent fund of the Senate upon vouchers the committee (under procedures specified functions under S. Res. 400 (94th Congress), approved by the chairman of the committee. by section 202(j) of that Act). agreed to May 19, 1976, as amended by S. Res. 445 (108th Congress), agreed to October 9, (2) VOUCHERS NOT REQUIRED.—Vouchers (b) EXPENSES FOR FISCAL YEAR 2022 PE- shall not be required for— RIOD.—The expenses of the committee for the 2004, in accordance with its jurisdiction (A) the disbursement of salaries of employ- period October 1, 2021 through September 30, under sections 3(a) and 17 of such S. Res. 400, ees paid at an annual rate; 2022 under this resolution shall not exceed including holding hearings, reporting such (B) the payment of telecommunications $5,438,436, of which amount— hearings, and making investigations as au- provided by the Office of the Sergeant at (1) not to exceed $200,000 may be expended thorized by section 5 of such S. Res. 400, the Arms and Doorkeeper; for the procurement of the services of indi- Select Committee on Intelligence (in this (C) the payment of stationery supplies pur- vidual consultants, or organizations thereof resolution referred to as the ‘‘committee’’) is chased through the Keeper of the Stationery; (as authorized by section 202(i) of the Legis- authorized from March 1, 2021 through Feb- (D) payments to the Postmaster of the lative Reorganization Act of 1946 (2 U.S.C. ruary 28, 2023, in its discretion, to— Senate; 4301(i))); and (1) make expenditures from the contingent (E) the payment of metered charges on (2) not to exceed $40,000 may be expended fund of the Senate; copying equipment provided by the Office of for the training of the professional staff of (2) employ personnel; and the Sergeant at Arms and Doorkeeper; the committee (under procedures specified (3) with the prior consent of the Govern- (F) the payment of Senate Recording and by section 202(j) of that Act). ment department or agency concerned and (c) EXPENSES FOR PERIOD ENDING FEBRUARY Photographic Services; or the Committee on Rules and Administration, 28, 2023.—The expenses of the committee for (G) the payment of franked and mass mail use on a reimbursable or nonreimbursable the period October 1, 2022 through February costs by the Sergeant at Arms and Door- basis the services of personnel of any such 28, 2023 under this resolution shall not exceed keeper. department or agency. $2,266,015, of which amount— SEC. 2. EXPENSES. (b) AGENCY CONTRIBUTIONS.—There are au- (1) not to exceed $200,000 may be expended (a) EXPENSES FOR PERIOD ENDING SEP- thorized to be paid from the appropriations for the procurement of the services of indi- TEMBER 30, 2021.—The expenses of the com- account for ‘‘Expenses of Inquiries and Inves- vidual consultants, or organizations thereof mittee for the period March 1, 2021 through tigations’’ of the Senate such sums as may (as authorized by section 202(i) of the Legis- September 30, 2021 under this resolution be necessary for agency contributions re- lative Reorganization Act of 1946 (2 U.S.C. shall not exceed $4,078,193, of which amount lated to the compensation of employees of 4301(i))); and not to exceed $10,000 may be expended for the the committee— (2) not to exceed $40,000 may be expended procurement of the services of individual (1) for the period March 1, 2021 through for the training of the professional staff of consultants, or organizations thereof (as au- September 30, 2021; the committee (under procedures specified thorized by section 202(i) of the Legislative (2) for the period October 1, 2021 through by section 202(j) of that Act). September 30, 2022; and Reorganization Act of 1946 (2 U.S.C. 4301(i))). SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. (3) for the period October 1, 2022 through (b) EXPENSES FOR FISCAL YEAR 2022 PE- (a) EXPENSES OF THE COMMITTEE.— February 28, 2023. RIOD.—The expenses of the committee for the (1) IN GENERAL.—Except as provided in f period October 1, 2021 through September 30, paragraph (2), expenses of the committee 2022 under this resolution shall not exceed SENATE RESOLUTION 52—AUTHOR- under this resolution shall be paid from the $6,991,188, of which amount not to exceed IZING EXPENDITURES BY THE contingent fund of the Senate upon vouchers $17,144 may be expended for the procurement approved by the chairman of the committee. of the services of individual consultants, or COMMITTEE ON AGRICULTURE, (2) VOUCHERS NOT REQUIRED.—Vouchers NUTRITION, AND FORESTRY organizations thereof (as authorized by sec- shall not be required for— tion 202(i) of the Legislative Reorganization Ms. STABENOW submitted the fol- (A) the disbursement of salaries of employ- Act of 1946 (2 U.S.C. 4301(i))). ees paid at an annual rate; lowing resolution; from the Committee (c) EXPENSES FOR PERIOD ENDING FEBRUARY (B) the payment of telecommunications on Agriculture, Nutrition, and For- 28, 2023.—The expenses of the committee for provided by the Office of the Sergeant at the period October 1, 2022 through February estry; which was referred to the Com- Arms and Doorkeeper; 28, 2023 under this resolution shall not exceed mittee on Rules and Administration: (C) the payment of stationery supplies pur- $2,912,995, of which amount not to exceed chased through the Keeper of the Stationery; S. RES. 52 $7,143 may be expended for the procurement (D) payments to the Postmaster of the Resolved, of the services of individual consultants, or Senate; SECTION 1. GENERAL AUTHORITY. organizations thereof (as authorized by sec- (E) the payment of metered charges on In carrying out its powers, duties, and tion 202(i) of the Legislative Reorganization copying equipment provided by the Office of functions under the Standing Rules of the Act of 1946 (2 U.S.C. 4301(i))). the Sergeant at Arms and Doorkeeper; Senate, in accordance with its jurisdiction (F) the payment of Senate Recording and SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. under rule XXV of the Standing Rules of the Photographic Services; or (a) EXPENSES OF THE COMMITTEE.— Senate, including holding hearings, report- (G) the payment of franked and mass mail (1) IN GENERAL.—Except as provided in ing such hearings, and making investiga- costs by the Sergeant at Arms and Door- paragraph (2), expenses of the committee tions as authorized by paragraphs 1 and 8 of keeper. under this resolution shall be paid from the rule XXVI of the Standing Rules of the Sen- (b) AGENCY CONTRIBUTIONS.—There are au- contingent fund of the Senate upon vouchers ate, the Committee on Agriculture, Nutri- thorized to be paid from the appropriations approved by the chairman of the committee. tion, and Forestry (in this resolution re- account for ‘‘Expenses of Inquiries and Inves- (2) VOUCHERS NOT REQUIRED.—Vouchers ferred to as the ‘‘committee’’) is authorized tigations’’ of the Senate such sums as may shall not be required for— from March 1, 2021 through February 28, 2023, be necessary for agency contributions re- (A) the disbursement of salaries of employ- in its discretion, to— lated to the compensation of employees of ees paid at an annual rate; (1) make expenditures from the contingent the committee— (B) the payment of telecommunications fund of the Senate; (1) for the period March 1, 2021 through provided by the Office of the Sergeant at (2) employ personnel; and September 30, 2021; Arms and Doorkeeper; (3) with the prior consent of the Govern- (2) for the period October 1, 2021 through (C) the payment of stationery supplies pur- ment department or agency concerned and September 30, 2022; and chased through the Keeper of the Stationery; the Committee on Rules and Administration, (3) for the period October 1, 2022 through (D) payments to the Postmaster of the use on a reimbursable or nonreimbursable February 28, 2023. Senate; basis the services of personnel of any such f (E) the payment of metered charges on department or agency. copying equipment provided by the Office of SEC. 2. EXPENSES. SENATE RESOLUTION 53—AUTHOR- the Sergeant at Arms and Doorkeeper; (a) EXPENSES FOR PERIOD ENDING SEP- IZING EXPENDITURES BY THE (F) the payment of Senate Recording and TEMBER 30, 2021.—The expenses of the com- SELECT COMMITTEE ON INTEL- Photographic Services; or mittee for the period March 1, 2021 through LIGENCE (G) the payment of franked and mass mail September 30, 2021 under this resolution costs by the Sergeant at Arms and Door- shall not exceed $3,172,421, of which Mr. WARNER submitted the fol- keeper. amount— lowing resolution; from the Select (b) AGENCY CONTRIBUTIONS.—There are au- (1) not to exceed $200,000 may be expended Committee on Intelligence; which was thorized to be paid from the appropriations for the procurement of the services of indi- referred to the Committee on Rules account for ‘‘Expenses of Inquiries and Inves- vidual consultants, or organizations thereof and Administration: tigations’’ of the Senate such sums as may

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.042 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S714 CONGRESSIONAL RECORD — SENATE February 12, 2021 be necessary for agency contributions re- the committee (under procedures specified vidual consultants, or organizations thereof lated to the compensation of employees of by section 202(j) of that Act). (as authorized by section 202(i) of the Legis- the committee— SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. lative Reorganization Act of 1946 (2 U.S.C. (1) for the period March 1, 2021 through (a) EXPENSES OF THE COMMITTEE.— 4301(i))); and September 30, 2021; (1) IN GENERAL.—Except as provided in (2) not to exceed $25,000 may be expended (2) for the period October 1, 2021 through paragraph (2), expenses of the committee for the training of the professional staff of September 30, 2022; and under this resolution shall be paid from the the committee (under procedures specified (3) for the period October 1, 2022 through contingent fund of the Senate upon vouchers by section 202(j) of that Act). February 28, 2023. approved by the chairman of the committee. (b) EXPENSES FOR FISCAL YEAR 2022 PE- f (2) VOUCHERS NOT REQUIRED.—Vouchers RIOD.—The expenses of the committee for the shall not be required for— period October 1, 2021 through September 30, SENATE RESOLUTION 54—AUTHOR- (A) the disbursement of salaries of employ- 2022 under this resolution shall not exceed IZING EXPENDITURES BY THE ees paid at an annual rate; $10,433,063, of which amount— COMMITTEE ON INDIAN AFFAIRS (B) the payment of telecommunications (1) not to exceed $75,000 may be expended provided by the Office of the Sergeant at for the procurement of the services of indi- Mr. SCHATZ submitted the following Arms and Doorkeeper; vidual consultants, or organizations thereof resolution; from the Committee on In- (C) the payment of stationery supplies pur- (as authorized by section 202(i) of the Legis- dian Affairs; which was referred to the chased through the Keeper of the Stationery; lative Reorganization Act of 1946 (2 U.S.C. Committee on Rules and Administra- (D) payments to the Postmaster of the 4301(i))); and tion: Senate; (2) not to exceed $25,000 may be expended (E) the payment of metered charges on for the training of the professional staff of S. RES. 54 copying equipment provided by the Office of the committee (under procedures specified Resolved, the Sergeant at Arms and Doorkeeper; by section 202(j) of that Act). SECTION 1. GENERAL AUTHORITY. (F) the payment of Senate Recording and (c) EXPENSES FOR PERIOD ENDING FEBRUARY In carrying out its powers, duties, and Photographic Services; or 28, 2023.—The expenses of the committee for functions imposed by section 105 of S. Res. (G) the payment of franked and mass mail the period October 1, 2022 through February 104, agreed to February 4, 1977 (95th Con- costs by the Sergeant at Arms and Door- 28, 2023 under this resolution shall not exceed gress), and in exercising the authority con- keeper. $4,347,110, of which amount— ferred on it by that section, the Committee (b) AGENCY CONTRIBUTIONS.—There are au- (1) not to exceed $75,000 may be expended on Indian Affairs (in this resolution referred thorized to be paid from the appropriations for the procurement of the services of indi- to as the ‘‘committee’’) is authorized from account for ‘‘Expenses of Inquiries and Inves- vidual consultants, or organizations thereof March 1, 2021 through February 28, 2023, in tigations’’ of the Senate such sums as may (as authorized by section 202(i) of the Legis- its discretion, to— be necessary for agency contributions re- lative Reorganization Act of 1946 (2 U.S.C. (1) make expenditures from the contingent lated to the compensation of employees of 4301(i))); and fund of the Senate; the committee— (2) not to exceed $25,000 may be expended (2) employ personnel; and (1) for the period March 1, 2021 through for the training of the professional staff of (3) with the prior consent of the Govern- September 30, 2021; the committee (under procedures specified ment department or agency concerned and (2) for the period October 1, 2021 through by section 202(j) of that Act). the Committee on Rules and Administration, September 30, 2022; and SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. (3) for the period October 1, 2022 through use on a reimbursable or nonreimbursable (a) EXPENSES OF THE COMMITTEE.— February 28, 2023. basis the services of personnel of any such (1) IN GENERAL.—Except as provided in department or agency. f paragraph (2), expenses of the committee SEC. 2. EXPENSES. SENATE RESOLUTION 55—AUTHOR- under this resolution shall be paid from the (a) EXPENSES FOR PERIOD ENDING SEP- contingent fund of the Senate upon vouchers IZING EXPENDITURES BY THE TEMBER 30, 2021.—The expenses of the com- approved by the chairman of the committee. mittee for the period March 1, 2021 through COMMITTEE ON HEALTH, EDU- (2) VOUCHERS NOT REQUIRED.—Vouchers September 30, 2021 under this resolution CATION, LABOR, AND PENSIONS shall not be required for— shall not exceed $1,416,443, of which Mrs. MURRAY submitted the fol- (A) the disbursement of salaries of employ- amount— lowing resolution; from the Committee ees paid at an annual rate; (1) not to exceed $20,000 may be expended on Health, Education, Labor, and Pen- (B) the payment of telecommunications for the procurement of the services of indi- provided by the Office of the Sergeant at vidual consultants, or organizations thereof sions; which was referred to the Com- Arms and Doorkeeper; (as authorized by section 202(i) of the Legis- mittee on Rules and Administration: (C) the payment of stationery supplies pur- lative Reorganization Act of 1946 (2 U.S.C. S. RES. 55 chased through the Keeper of the Stationery; 4301(i))); and Resolved, (D) payments to the Postmaster of the (2) not to exceed $20,000 may be expended SECTION 1. GENERAL AUTHORITY. Senate; for the training of the professional staff of In carrying out its powers, duties, and (E) the payment of metered charges on the committee (under procedures specified functions under the Standing Rules of the copying equipment provided by the Office of by section 202(j) of that Act). Senate, in accordance with its jurisdiction the Sergeant at Arms and Doorkeeper; (b) EXPENSES FOR FISCAL YEAR 2022 PE- under rule XXV of the Standing Rules of the (F) the payment of Senate Recording and RIOD.—The expenses of the committee for the Senate, including holding hearings, report- Photographic Services; or period October 1, 2021 through September 30, ing such hearings, and making investiga- (G) the payment of franked and mass mail 2022 under this resolution shall not exceed tions as authorized by paragraphs 1 and 8 of costs by the Sergeant at Arms and Door- $2,428,188, of which amount— rule XXVI of the Standing Rules of the Sen- keeper. (1) not to exceed $20,000 may be expended ate, the Committee on Health, Education, (b) AGENCY CONTRIBUTIONS.—There are au- for the procurement of the services of indi- Labor, and Pensions (in this resolution re- thorized to be paid from the appropriations vidual consultants, or organizations thereof ferred to as the ‘‘committee’’) is authorized account for ‘‘Expenses of Inquiries and Inves- (as authorized by section 202(i) of the Legis- from March 1, 2021 through February 28, 2023, tigations’’ of the Senate such sums as may lative Reorganization Act of 1946 (2 U.S.C. in its discretion, to— be necessary for agency contributions re- 4301(i))); and (1) make expenditures from the contingent lated to the compensation of employees of (2) not to exceed $20,000 may be expended fund of the Senate; the committee— for the training of the professional staff of (2) employ personnel; and (1) for the period March 1, 2021 through the committee (under procedures specified (3) with the prior consent of the Govern- September 30, 2021; by section 202(j) of that Act). ment department or agency concerned and (2) for the period October 1, 2021 through (c) EXPENSES FOR PERIOD ENDING FEBRUARY the Committee on Rules and Administration, September 30, 2022; and 28, 2023.—The expenses of the committee for use on a reimbursable or nonreimbursable (3) for the period October 1, 2022 through the period October 1, 2022 through February basis the services of personnel of any such February 28, 2023. 28, 2023 under this resolution shall not exceed department or agency. $1,011,745, of which amount— SEC. 2. EXPENSES. f (1) not to exceed $20,000 may be expended (a) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- TEMBER 30, 2021.—The expenses of the com- SENATE RESOLUTION 56—AUTHOR- vidual consultants, or organizations thereof mittee for the period March 1, 2021 through IZING EXPENDITURES BY THE (as authorized by section 202(i) of the Legis- September 30, 2021 under this resolution COMMITTEE ON COMMERCE, lative Reorganization Act of 1946 (2 U.S.C. shall not exceed $6,085,953, of which SCIENCE, AND TRANSPORTATION 4301(i))); and amount— (2) not to exceed $20,000 may be expended (1) not to exceed $75,000 may be expended Ms. CANTWELL submitted the fol- for the training of the professional staff of for the procurement of the services of indi- lowing resolution; from the Committee

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.037 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S715 on Commerce, Science, and Transpor- (B) the payment of telecommunications Whereas research has demonstrated that tation; which was referred to the Com- provided by the Office of the Sergeant at startups— mittee on Rules and Administration: Arms and Doorkeeper; (1) are disproportionately responsible for (C) the payment of stationery supplies pur- the innovations that drive gains in produc- S. RES. 56 chased through the Keeper of the Stationery; tivity, which, in turn, propel economic Resolved, (D) payments to the Postmaster of the growth; and SECTION 1. GENERAL AUTHORITY. Senate; (2) account for an outsized portion of net In carrying out its powers, duties, and (E) the payment of metered charges on new job creation in the United States; functions under the Standing Rules of the copying equipment provided by the Office of Whereas research has demonstrated that Senate, in accordance with its jurisdiction the Sergeant at Arms and Doorkeeper; rates of entrepreneurship in the United under rule XXV of the Standing Rules of the (F) the payment of Senate Recording and States have been in decline in recent dec- Senate, including holding hearings, report- Photographic Services; or ades, and that this decline is occurring in all ing such hearings, and making investiga- (G) the payment of franked and mass mail 50 States and across a broad range of indus- tions as authorized by paragraphs 1 and 8 of costs by the Sergeant at Arms and Door- try sectors; rule XXVI of the Standing Rules of the Sen- keeper. Whereas, in the wake of the COVID–19 pan- ate, the Committee on Commerce, Science, (b) AGENCY CONTRIBUTIONS.—There are au- demic, the United States has seen an in- and Transportation (in this resolution re- thorized to be paid from the appropriations crease in startup applications as individuals ferred to as the ‘‘committee’’) is authorized account for ‘‘Expenses of Inquiries and Inves- in the United States embody the entrepre- from March 1, 2021 through February 28, 2023, tigations’’ of the Senate such sums as may neurial spirit to respond to the crisis; in its discretion, to— be necessary for agency contributions re- Whereas, given the importance of a thriv- (1) make expenditures from the contingent lated to the compensation of employees of ing entrepreneurial spirit to innovation, eco- fund of the Senate; the committee— nomic growth, job creation, rising wages, (1) for the period March 1, 2021 through (2) employ personnel; and and expanding opportunity in the United September 30, 2021; (3) with the prior consent of the Govern- States, the circumstances surrounding the (2) for the period October 1, 2021 through ment department or agency concerned and COVID–19 amount to an emergency; September 30, 2022; and the Committee on Rules and Administration, Whereas reversing the decline in entrepre- (3) for the period October 1, 2022 through use on a reimbursable or nonreimbursable neurship in the United States requires February 28, 2023. basis the services of personnel of any such changes in public policy; and department or agency. f Whereas National Entrepreneurship Week SEC. 2. EXPENSES. SENATE RESOLUTION 57—EX- will focus on innovative ways in which inno- (a) EXPENSES FOR PERIOD ENDING SEP- PRESSING SUPPORT FOR THE vation, entrepreneurship communities, and TEMBER 30, 2021.—The expenses of the com- policymakers in the United States can work DESIGNATION OF THE WEEK OF together to improve the environment for en- mittee for the period March 1, 2021 through FEBRUARY 13 THROUGH FEB- September 30, 2021 under this resolution trepreneurs in the United States with the shall not exceed $4,561,289, of which RUARY 20, 2021, AS ‘‘NATIONAL aim of— amount— ENTREPRENEURSHIP WEEK’’ TO (1) reversing the multi-decade decline in (1) not to exceed $50,000 may be expended RECOGNIZE THE IMPORTANCE entrepreneurship; and for the procurement of the services of indi- AND CONTRIBUTIONS OF ENTRE- (2) expanding the rate of participation vidual consultants, or organizations thereof PRENEURS AND STARTUPS TO among women entrepreneurs and entre- (as authorized by section 202(i) of the Legis- THE ECONOMIC PROSPERITY OF preneurs of color: Now, therefore, be it lative Reorganization Act of 1946 (2 U.S.C. THE UNITED STATES AND THE Resolved, That the Senate— (1) designates the week of February 13 4301(i))); and WELL-BEING OF EVERY COMMU- (2) not to exceed $50,000 may be expended through February 20, 2021, as ‘‘National En- for the training of the professional staff of NITY ACROSS THE UNITED trepreneurship Week’’; the committee (under procedures specified STATES (2) celebrates the importance of entre- by section 202(j) of that Act). Ms. KLOBUCHAR (for herself and Mr. preneurs and startups to the United States (b) EXPENSES FOR FISCAL YEAR 2022 PE- SCOTT of South Carolina) submitted economy; RIOD.—The expenses of the committee for the the following resolution; which was re- (3) recognizes the contributions entre- period October 1, 2021 through September 30, ferred to the Committee on the Judici- preneurs make to expand opportunity, pro- vide more inclusive prosperity, and increase 2022 under this resolution shall not exceed ary: $7,869,484, of which amount— the well-being of every community across (1) not to exceed $50,000 may be expended S. RES. 57 the United States; for the procurement of the services of indi- Whereas the experiment of self-governance (4) affirms the importance and urgency of vidual consultants, or organizations thereof is a profoundly entrepreneurial undertaking, enacting policies that promote, nurture, and (as authorized by section 202(i) of the Legis- grounded in the spirit of freedom, adventure, support entrepreneurs and startups; and lative Reorganization Act of 1946 (2 U.S.C. and enterprise; (5) encourages Federal, State, and local 4301(i))); and Whereas the entrepreneurial spirit, which governments, schools, nonprofit organiza- (2) not to exceed $50,000 may be expended is the ability, freedom, and courage to strike tions, and other civic organizations to ob- for the training of the professional staff of out on one’s own and build something new, is serve National Entrepreneurship Week annu- the committee (under procedures specified central to the identity of the United States ally with special events and activities— by section 202(j) of that Act). and woven into the national consciousness; (A) to recognize the contributions of entre- (c) EXPENSES FOR PERIOD ENDING FEBRUARY Whereas the United States is a nation of preneurs in the United States; 28, 2023.—The expenses of the committee for entrepreneurs, with small businesses— (B) to teach the importance of entrepre- the period October 1, 2022 through February (1) comprising 99 percent of all businesses neurship to a strong and inclusive economy; 28, 2023 under this resolution shall not exceed in the United States; and and $3,278,947, of which amount— (2) employing nearly half of all workers in (C) to take steps to encourage, support, the United States; (1) not to exceed $50,000 may be expended and celebrate future entrepreneurs. Whereas the Partnership for 21st Century for the procurement of the services of indi- Skills identified financial, economic, busi- f vidual consultants, or organizations thereof ness literacy, and entrepreneurship skills as (as authorized by section 202(i) of the Legis- the types of skills students need in order to AMENDMENTS SUBMITTED AND lative Reorganization Act of 1946 (2 U.S.C. enhance workplace productivity and career PROPOSED 4301(i))); and opportunities; (2) not to exceed $50,000 may be expended SA 890. Mr. SCHUMER (for Mr. VAN HOL- Whereas students who participate in entre- for the training of the professional staff of LEN) proposed an amendment to the bill S. preneurship education programs have better the committee (under procedures specified 35, to award a Congressional Gold Medal to attendance records, perform better on core by section 202(j) of that Act). Officer Eugene Goodman. subjects, and have lower drop-out rates than SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. those who do not participate in those pro- f (a) EXPENSES OF THE COMMITTEE.— grams; TEXT OF AMENDMENTS (1) IN GENERAL.—Except as provided in Whereas the COVID–19 pandemic has— paragraph (2), expenses of the committee (1) closed hundreds of thousands of new SA 890. Mr. SCHUMER (for Mr. VAN under this resolution shall be paid from the businesses, also known as ‘‘startups’’, and HOLLEN) proposed an amendment to contingent fund of the Senate upon vouchers small businesses, which has the bill S. 35, to award a Congressional approved by the chairman of the committee. disproportionally affected women and people Gold Medal to Officer Eugene Good- (2) VOUCHERS NOT REQUIRED.—Vouchers of color; and shall not be required for— (2) destroyed millions of jobs, heightening man; as follows: (A) the disbursement of salaries of employ- the urgency of accelerating the post-COVID– Strike all after the enacting clause and in- ees paid at an annual rate; 19 recovery; sert the following:

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SECTION 1. SHORT TITLE. time to secure and ultimately evacuate the (2) IMAGE AND NAME.—The design shall bear This Act may be cited as the ‘‘Officer Eu- Senate before the armed mob breached the an image of, and inscription of the name of, gene Goodman Congressional Gold Medal Chamber. Officer Eugene Goodman. Act’’. (9) Amidst a shocking, unpatriotic attack SEC. 4. DUPLICATE MEDALS. SEC. 2. FINDINGS. on the Capitol, Officer Goodman’s heroism is The Secretary may strike and sell dupli- The Congress finds the following: recognized not only by Members of Congress cates in bronze of the gold medal struck pur- (1) On January 6, 2021, the United States and staff but also by the people of the United suant to section 3 under such regulations as Capitol Building was attacked by armed in- States they represent. the Secretary may prescribe, at a price suffi- surrectionists. (10) By putting his own life on the line and cient to cover the cost thereof, including (2) Members of the United States Capitol successfully, single-handedly leading insur- labor, materials, dies, use of machinery, and Police force were overrun and insurrection- rectionists away from the floor of the Senate overhead expenses. ists breached the Capitol at multiple points. Chamber, Officer Eugene Goodman per- SEC. 5. STATUS OF MEDALS. (3) Around 2:14 in the afternoon, United formed his duty to protect the Congress with (a) NATIONAL MEDALS.—The medals struck States Capitol Police Officer Eugene Good- distinction, and by his actions, Officer Good- pursuant to this Act are national medals for man confronted an angry group of insurrec- man left an indelible mark on American his- purposes of chapter 51 of title 31, United tionists who unlawfully entered the Capitol, tory. States Code. according to video footage taken by Igor (11) Officer Goodman’s actions exemplify (b) NUMISMATIC ITEMS.—For purposes of Bobic, a reporter with the Huffington Post. the heroism of the many men and women section 5134 of title 31, United States Code, (4) Officer Goodman, alone, delayed the who risked their lives to defend the Capitol all medals struck under this Act shall be mob’s advance towards the United States on January 6, 2021. Senate Chamber and alerted his fellow offi- considered to be numismatic items. SEC. 3. CONGRESSIONAL GOLD MEDAL. cers to the location of the insurrectionists. f (5) Upon reaching a second floor corridor, (a) PRESENTATION AUTHORIZED.—The Officer Goodman noticed the entrance to the Speaker of the House of Representatives and ADJOURNMENT UNTIL 10 A.M. Senate Chamber was unguarded. the President pro tempore of the Senate TOMORROW (6) As the mob approached, Officer Good- shall make appropriate arrangements for the man intentionally diverted attention away presentation, on behalf of the Congress, of a Mr. SCHUMER. Mr. President, I ask from the Senate entrance and led the mob to gold medal of appropriate design to Officer unanimous consent that the trial ad- an alternate location and additional await- Eugene Goodman. journ until 10 a.m. tomorrow, Satur- ing officers. (b) DESIGN AND STRIKING.— day, February 13, and that this also (7) At 2:15 in the afternoon, a Washington (1) IN GENERAL.—For the purposes of the constitute the adjournment of the Sen- Post reporter from inside the Senate Cham- presentation referred to in subsection (a), ate. ber noted ‘‘Senate sealed’’ with Senators, the Secretary of the Treasury (referred to in staff, and members of the press inside. this Act as the ‘‘Secretary’’) shall strike the There being no objection, at 6:29 (8) Officer Eugene Goodman’s selfless and gold medal with suitable emblems, devices, p.m., the Senate, sitting as a Court of quick-thinking actions doubtlessly saved and inscriptions, to be determined by the Impeachment, adjourned until Satur- lives and bought security personnel precious Secretary. day, February 13, 2021, at 10 a.m.

VerDate Sep 11 2014 04:05 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.046 S12FEPT1 dlhill on DSK120RN23PROD with SENATE Friday, February 12, 2021 Daily Digest Senate peachment against Donald John Trump, former Chamber Action President of the United States, at approximately 10 Routine Proceedings, pages S667–S716 a.m., on Saturday, February 13, 2021. Page S716 Measures Introduced: Twenty-three bills and ten Executive Communications: Pages S703–04 resolutions were introduced, as follows: S. 308–330, Executive Reports of Committees: Page S705 and S. Res. 48–57. Pages S705–06 Additional Cosponsors: Pages S706–07 Measures Reported: S. Res. 48, authorizing expenditures by the Com- Statements on Introduced Bills/Resolutions: mittee on Homeland Security and Governmental Af- Pages S707–15 fairs. Additional Statements: Pages S702–03 S. Res. 49, authorizing expenditures by the Com- Amendments Submitted: Pages S715–16 mittee on Environment and Public Works. S. Res. 50, authorizing expenditures by the Com- Adjournment: Senate convened at 12 noon and ad- mittee on Armed Services. journed at 6:29 p.m., until 10 a.m. on Saturday, S. Res. 51, authorizing expenditures by the Com- February 13, 2021. (For Senate’s program, see the re- mittee on Banking, Housing, and Urban Affairs. marks of the Majority Leader in today’s Record on S. Res. 52, authorizing expenditures by the Com- page S716.) mittee on Agriculture, Nutrition, and Forestry. S. Res. 53, authorizing expenditures by the Select Committee on Intelligence. Committee Meetings S. Res. 54, authorizing expenditures by the Com- (Committees not listed did not meet) mittee on Indian Affairs. S. Res. 55, authorizing expenditures by the Com- BUSINESS MEETING mittee on Health, Education, Labor, and Pensions. S. Res. 56, authorizing expenditures by the Com- Committee on Appropriations: Committee announced mittee on Commerce, Science, and Transportation. the following subcommittee assignments for the Pages S704–05 117th Congress: Subcommittee on Agriculture, Rural Development, Food Measures Passed: and Drug Administration, and Related Agencies: Sen- Officer Eugene Goodman Congressional Gold ators Baldwin (Chair), Merkley, Feinstein, Tester, Medal Act: Committee on Banking, Housing, and Leahy, Schatz, Heinrich, Hoeven, McConnell, Col- Urban Affairs was discharged from further consider- lins, Blunt, Moran, Hyde-Smith, and Braun. ation of S. 35, to award a Congressional Gold Medal Subcommittee on Commerce, Justice, Science, and Related to Officer Eugene Goodman, and the bill was then Agencies: Senators Shaheen (Chair), Leahy, Feinstein, passed, after agreeing to the following amendment Reed, Coons, Schatz, Manchin, Van Hollen, Merkley, proposed thereto: Pages S649–95 Moran, Murkowski, Collins, Graham, Boozman, Schumer (for Van Hollen) Amendment No. 890, Capito, Kennedy, Hagerty, and Braun. in the nature of a substitute. Pages S694–95 Subcommittee on Department of Defense: Senators Impeachment of Former President Trump— Tester (Chair), Durbin, Leahy, Feinstein, Murray, Agreement: Senate continued consideration of the Reed, Schatz, Baldwin, Shaheen, Shelby, McConnell, Article of Impeachment against Donald John Collins, Murkowski, Graham, Blunt, Moran, Trump, former President of the United States. Hoeven, and Boozman. Pages S667–94 Subcommittee on Energy and Water Development: Sen- A unanimous-consent agreement was reached pro- ators Feinstein (Chair), Murray, Tester, Durbin, Sha- viding for further consideration of the Article of Im- heen, Merkley, Coons, Baldwin, Heinrich, Kennedy, D117

VerDate Sep 11 2014 05:16 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12FE1.REC D12FEPT1 dlhill on DSK120RN23PROD with DIGEST D118 CONGRESSIONAL RECORD — DAILY DIGEST February 12, 2021 McConnell, Shelby, Collins, Murkowski, Graham, Subcommittee on Military Construction, Veterans Af- Hoeven, Hyde-Smith, and Hagerty. fairs, and Related Agencies: Senators Heinrich (Chair), Subcommittee on Financial Services and General Gov- Schatz, Tester, Murray, Reed, Baldwin, Coons, ernment: Senators Van Hollen (Chair), Coons, Durbin, Manchin, Boozman, McConnell, Murkowski, Manchin, Hyde-Smith, Moran, Boozman, and Ken- Hoeven, Collins, Capito, Rubio, and Hagerty. nedy. Subcommittee on State, Foreign Operations, and Related Subcommittee on Department of Homeland Security: Programs: Senators Coons (Chair), Leahy, Durbin, Senators Murphy (Chair), Tester, Shaheen, Leahy, Shaheen, Merkley, Murphy, Van Hollen, Graham, Murray, Baldwin, Capito, Shelby, Murkowski, McConnell, Blunt, Boozman, Moran, Rubio, and Hoeven, Kennedy, and Hyde-Smith. Hagerty. Subcommittee on Department of the Interior, Environ- Subcommittee on Transportation, Housing and Urban ment, and Related Agencies: Senators Merkley (Chair), Development, and Related Agencies: Senators Schatz Feinstein, Leahy, Reed, Tester, Van Hollen, Hein- (Chair), Reed, Murray, Durbin, Feinstein, Coons, rich, Murkowski, Blunt, McConnell, Capito, Hyde- Murphy, Manchin, Van Hollen, Collins, Shelby, Smith, Hagerty, and Rubio. Blunt, Boozman, Capito, Graham, Hoeven, Kennedy, Subcommittee on Departments of Labor, Health and and Braun. Human Services, and Education, and Related Agencies: Senators Leahy and Shelby are ex officio members of Senators Murray (Chair), Durbin, Reed, Shaheen, each subcommittee. Merkley, Schatz, Baldwin, Murphy, Manchin, Blunt, Shelby, Graham, Moran, Capito, Kennedy, Hyde- BUSINESS MEETING Smith, Braun, and Rubio. Committee on Energy and Natural Resources: Committee Subcommittee on Legislative Branch: Senators Reed ordered favorably reported an original resolution au- (Chair), Murphy, Heinrich, Braun, Shelby, and thorizing expenditures by the committee for the Rubio. 117th Congress. House of Representatives as the ‘‘Colonel Carlyle ‘Smitty’ Harris Post Office’’; Chamber Action H.R. 264, to designate the facility of the United The House was not in session today. The House States Postal Service located at 1101 Charlotte Street is scheduled to meet in Pro Forma session at 9:30 in Georgetown, South Carolina, as the ‘‘Joseph a.m. on Monday, February 15, 2021. Hayne Rainey Memorial Post Office Building’’; and H.R. 772, to designate the facility of the United Committee Meetings States Postal Service located at 229 Minnetonka Ave- MISCELLANEOUS MEASURE nue South in Wayzata, Minnesota, as the ‘‘Jim Ramstad Post Office’’. Legislation to comply with Committee on Energy and Commerce: Full Committee the reconciliation directive was adopted, as amended, concluded a markup on legislative recommendations to comply with the reconciliation directive included and ordered reported to the House Committee on in section 2001 of the Concurrent Resolution on the the Budget. H.R. 813, H.R. 208, H.R. 264, and Budget for Fiscal Year 2021, S. Con. Res. 5. Legisla- H.R. 772 were ordered reported, without amend- tion to comply with the reconciliation directive was ment. adopted, as amended, and ordered reported to the House Committee on the Budget. Joint Meetings MISCELLANEOUS MEASURES No joint committee meetings were held. Committee on Oversight and Reform: Full Committee held a markup on legislation providing for reconcili- ation pursuant to S. Con. Res. 5; H.R. 813, to des- ignate the facility of the United States Postal Service located at 1050 Sunset Road Southwest in Albu- querque, New Mexico, as the ‘‘Jose Hernandez Post Office Building’’; H.R. 208, to designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi,

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Saturday, February 13 9:30 a.m., Monday, February 15

Senate Chamber House Chamber Program for Saturday: Senate will continue consider- Program for Monday: House will meet in Pro Forma ation of the Article of Impeachment against Donald John session at 9:30 a.m. Trump, former President of the United States.

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