E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, THURSDAY, JUNE 4, 2020 No. 104 Senate The Senate met at 10 a.m. and was Mrs. HYDE-SMITH thereupon as- thank and recognize the architects of called to order by the Honorable CINDY sumed the Chair as Acting President this historic program—the senior Sen- HYDE-SMITH, a Senator from the State pro tempore. ators from Maine and Florida—for of Mississippi. f helping to soften the blow of this pan- demic for so many American families. f RECOGNITION OF THE MAJORITY PRAYER LEADER f The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- CHINA fered the following prayer: pore. The majority leader is recog- Mr. MCCONNELL. Madam President, Let us pray. nized. on an entirely different matter, today Eternal God, in these difficult and f marks the 31st anniversary of the challenging times, remind us that the PAYCHECK PROTECTION PROGRAM Tiananmen Square massacre in Bei- Earth belongs to You, and You have jing. not abandoned it. Unite us with the un- Mr. MCCONNELL. Madam President, Because of China’s censorship and derstanding that You are our Father, yesterday evening, the Senate passed a disinformation, we still do not know and we are all members of the human few targeted changes so that Senator how many brave Chinese people were family. We pray for all who have been COLLINS’ and Senator RUBIO’s historic killed by their own government on impacted by the pain of this crisis sea- Paycheck Protection Program will June 4, 1989. Conservative estimates son. Use our Senators to make the continue to protect American workers say hundreds. Others say thousands—a and small businesses through this pan- weak strong, the sick healthy, and the burst of violence against peaceful de- demic. broken whole. Lord, surround those mocracy protesters, weeks of arrests, who have been shaken by anguish with Back in March, these Senate leaders hand designed this plan to push unprec- roundups, and executions, and then Your divine presence and peace. total silence. We pray in Your loving Name. Amen. edented assistance to working families and Main Street businesses. Once Never since have the Chinese people f again, in April, they led the charge to been able to freely and openly remem- PLEDGE OF ALLEGIANCE refill their popular and successful pro- ber the atrocity. Never outside the gram with more money so it could help oasis of Hong Kong has a single formal The Presiding Officer led the Pledge gathering on Chinese soil been per- of Allegiance, as follows: even more Americans. In the weeks since, our colleagues have continued to mitted to commemorate the victims. I pledge allegiance to the Flag of the Now even that oasis of freedom is at United States of America, and to the Repub- track the program’s operation and rec- lic for which it stands, one nation under God, ommend further tweaks where nec- risk. We learned this week that, under indivisible, with liberty and justice for all. essary. new pressure from Beijing, Hong Kong is refusing to permit the annual can- f In recent days, both Senator COLLINS and Senator RUBIO helped to strength- dlelight vigil for the first time ever. APPOINTMENT OF ACTING en and improve the House’s proposed This year, the Chinese Communist PRESIDENT PRO TEMPORE PPP modifications before it actually Party wants no candles lit even in The PRESIDING OFFICER. The passed the bill and sent it over to us, Hong Kong—just more darkness. clerk will please read a communication and I know the senior Senators from It was 31 years ago that brave Chi- to the Senate from the President pro Maine and Florida have already identi- nese flooded that public square and tempore (Mr. GRASSLEY). fied several more technical fixes for others across their nation in the fer- The senior assistant legislative clerk the new legislation that, I hope, Con- vent hope that economic liberalization read the following letter: gress will address. would also lead to a less authoritarian, U.S. SENATE, Talk about legislation making a dif- more open society. What they got were PRESIDENT PRO TEMPORE, ference. Thanks to Senator COLLINS, bodies littering the ground. Washington, DC, June 4, 2020. Chairman RUBIO, and our other col- A shocked world sanctioned the PRC, To the Senate: leagues who helped to make this pro- but as time passed, the world relaxed Under the provisions of rule I, paragraph 3, gram a success, the PPP has delivered somewhat and returned to a strategy of of the Standing Rules of the Senate, I hereby more than a half a trillion dollars in welcoming China into our global public appoint the Honorable CINDY HYDE-SMITH, a Senator from the State of Mississippi, to per- relief and has literally saved tens of square, bringing the PRC into inter- form the duties of the Chair. millions of American jobs. national institutions in the hope that CHUCK GRASSLEY, So, as we continue to stay nimble an included China would actually play President pro tempore. and continue our efforts, I just had to by the rules. Time and again, those

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

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VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.000 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2702 CONGRESSIONAL RECORD — SENATE June 4, 2020 hopes have been dashed. The last few fundamental problem that has come Earlier this year, the Director of the months have been their own tidy case into focus. Decades ago, the United FBI explained that China’s criminal study in what kind of global actor the States and the rest of the world made conspiracies against the United States so-called People’s Republic has chosen a calculated bet that welcoming China and our companies make the CCP the to be. into the fold would cause it to mend its ‘‘greatest long-term threat’’ to Amer- Their response to the coronavirus ways. ica’s information security, intellectual pandemic that started in their own It was 20 years ago that President property, and, by extension, our ‘‘eco- country was to silence their own doc- Clinton argued for admitting China nomic vitality.’’ Once again, our allies tors, imprison their own people, shut into the WTO because ‘‘economic inno- and partners are being victimized by down important research, and lie to vation and political empowerment . . . the very same tactics. the rest of the world while hoarding will inevitably go hand in hand.’’ Many One outside report found that the supplies for themselves. The CCP’s self- smart people made that wager—in both ‘‘United States is losing between $400 ishness and failures fueled a worldwide parties—but we should never have used billion and $600 billion per year in in- catastrophe, and, ever since, they have words like ‘‘inevitable.’’ tellectual property theft as a matter of tried to use that catastrophe as a President Clinton also said: ‘‘China provable losses, and that figure does smokescreen for other aggression. has been trying to crack down on the not account for second-order losses While they thought the rest of the internet. . . . Good luck!’’ Back in the such as jobs and infrastructure.’’ Let’s world was distracted, China has year 2000, the transcript says, that was put that in perspective. Congress has cracked down on Hong Kong; conducted greeted with laughter. Well, no one is been working hard on the huge, his- provocative military exercises near laughing now. toric Paycheck Protection Program. It Taiwan; expanded its bullying into the China’s leaders have pounced on has pushed out a half a trillion dollars South China Sea; pressured the Phil- every inch of economic space the world for American workers. Well, by this es- ippines; and literally initiated physical has afforded them—and then some. timate, China reaches into our country fighting with India in the Himalayas. They have cheated on trade and have and steals the equivalent of that entire Oh, and according to press reports, stolen foreign technology. They have program every single year. China has also found the time to executed on long-term plans to domi- mount online disinformation cam- nate key global industries. They have China does not play by the rules, not paigns to hurt America and divide us weaponized foreign aid to bring devel- in Hong Kong, not in the WHO, not in among ourselves. Bad actors linked to oping countries under their thrall. So the WTO, not in international trade. Beijing have reportedly flooded Twit- the Chinese economy has leapt for- Year after year, on issue over issue, it ter to exploit the death of George ward. The Chinese people enjoy greater has chosen the path of aggression. So Floyd and increase hostility among prosperity, which they sorely need there will be consequences. Americans. Even in official channels, after decades of Communist mis- Just this week, the U.K. is reportedly CCP leaders mock America and imply management, but all of this money and continuing to back away from plans to our society is no better than their tyr- innovation have not brought the people work with Huawei, and Prime Minister anny. any more freedom. They have given Boris Johnson is impressively pre- Now, as an aside, some Democrats CCP elites better high-tech tools with paring to offer visas so that here in Washington seem to have swal- which to oppress their own people and Hongkongers who want to know their lowed the Chinese propaganda and set more leverage with which to under- freedoms and liberties are secure can out to amplify it themselves, including mine the international system. take refuge in the United Kingdom in- from right here on the Senate floor. Rather than importing liberty into stead. In Japan, Prime Minister Abe is Yesterday, right here in the Senate China, this economic integration seems taking major steps to strengthen Chamber, the Democratic leader ex- to have been rather more successful at Japan and check China’s economic ag- plicitly compared America men and exporting its authoritarian preferences gression. It is a good thing, too, be- women in uniform to the Chinese mur- to the rest of us. Right here in the cause defending American security, derers who committed the massacre in United States, we have seen Hollywood American interests, American pros- Tiananmen Square. Leader SCHUMER make a gross habit of self-censoring perity, and the international system said that, when he saw images of Amer- films to avoid offending the Chinese cannot be a go-it-alone operation. ican men and women in uniform stand- Communist Party. We have seen the There will be steps the United States ing near the recently defaced Lincoln NBA prioritize its profits in China and will take on our own, but just as the Memorial and protecting the right to throw an employee under the bus who entire free world stands united today peaceful protest, ‘‘You cannot help but spoke out for Hong Kong. The same to remember Tiananmen Square, so we think of Tiananmen Square.’’ That is elites, institutions, and businesses that will need to stand together to prevent what he said. feel totally free to critique our own so- the world’s public square from heading I am sure Beijing was thrilled with ciety—and rightly so—increasingly toward a similar domination by China. this shameful comparison. A propa- walk on eggshells around President Xi We will need to keep our friends and ganda victory for Communist China, and his cronies. partners close. China can try to repress gift-wrapped with the compliments of And free speech is hardly the only its own people, but the United States the Democratic Party, delivered just in front where China poses an inter- of America will never fall silent. We time for this bloody anniversary. national threat. A recent major report will never go dark. We will keep the Imagine being so consumed by par- from an interagency task force found candles lit. We will protect our people tisanship that you deliberately link that China’s deliberate economic ag- and their bright future. the brave American men and women gression and targeting of our industrial who stop violence, protect peaceful base is a significant national security f protests, defend citizens’ constitu- vulnerability for the United States, tional liberties, and defend against vio- and many other nations are awakening RESERVATION OF LEADER TIME lent riots to the Chinese butchers who to that same reality. gunned down crowds of peaceful dis- Back in March, a CCP-controlled The ACTING PRESIDENT pro tem- senters who were begging for the same newspaper threatened to cut off phar- pore. Under the previous order, the rights our military defends. maceutical exports to the United leadership time is reserved. In America, the police help peaceful States and ‘‘plunge’’ Americans ‘‘into marchers march. Over there, they gun the mighty sea of coronavirus’’ if we f them down. If anyone is having trouble did not play more nicely with Beijing. One month later, Chinese officials distinguishing these things, the prob- CONCLUSION OF MORNING threatened a boycott of Australia be- lem is not with our Nation—it is with BUSINESS them. cause our Australian friends wanted to Now, these recent examples of Chi- investigate the origins of the pan- The ACTING PRESIDENT pro tem- nese hostility are just symptoms of a demic. pore. Morning business is closed.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.002 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2703 EXECUTIVE SESSION here and now to the American people The coin of the realm in the Senate that we will put on the floor—that you is floor time. Leader MCCONNELL, every will put on the floor police reform and Senate Republican, what are you going EXECUTIVE CALENDAR racial justice legislation this month. to devote time to? The ACTING PRESIDENT pro tem- Will our Republican colleagues ever Today, toward the end of one of the pore. Under the previous order, the join us in this effort? I know these more tumultuous and painful weeks in Senate will proceed to executive ses- issues aren’t easy, but we can’t begin recent memory, marked by emotional sion to resume consideration of the fol- to make progress if the Republican protests about racial justice and police lowing nomination, which the clerk leader and the Republican majority violence, Senate Republicans are hold- will report. will not even let us try or address these ing sessions in the Judiciary and The senior assistant legislative clerk issues in a legislative manner. Homeland Security Committees re- read the nomination of Michael Pack, The Republican leader has said: lated to President Trump’s favorite of Maryland, to be Chief Executive Of- The coin of the realm in the Senate is floor conspiracy theories about the 2016 elec- ficer of the Broadcasting Board of Gov- time. What are you going to devote time to? tion. ernors for the term of three years. Well, it has been 5 weeks since Lead- I am not making this up. That is (New Position) er MCCONNELL called the Senate back what they are doing, American peo- Mr. MCCONNELL. Madam President, into session during the height of a pan- ple—not talking about COVID, not I suggest the absence of a quorum. demic. The Republican majority has talking about racial justice but focus- The ACTING PRESIDENT pro tem- yet to put a single bill on the floor of ing on some Russian-originated theory pore. The clerk will call the roll. the Senate related to COVID–19. that has been discredited by our intel- The senior assistant legislative clerk We passed a much needed extension ligence agencies. That is what the Re- proceeded to call the roll. of PPP reform last night, a very pop- publican Senate is doing. No wonder Mr. SCHUMER. Madam President, I ular and bipartisan program, only after they are in trouble. ask unanimous consent that the order Democrats forced action here on the The American people are looking for for the quorum call be rescinded. floor. I don’t believe our Republican some kind of real help, some kind of The ACTING PRESIDENT pro tem- majority would have done anything. real discussion, and the Republicans pore. Without objection, it is so or- We announced we would UC the bill, are talking about conspiracy theories. dered. and we did, and it was blocked. Then, Then the Senate Judiciary Com- mittee is about to approve another RECOGNITION OF THE DEMOCRATIC LEADER of course, faced with the public pres- rightwing judge, a McConnell protege, The ACTING PRESIDENT pro tem- sure of moving, Leader MCCONNELL Justin Walker—seriously. At least, if pore. The Democratic leader is recog- came on the floor late last evening and you look at the record and history of nized. moved the bill. Make no mistake about it, without Justin Walker, the chances of him MOMENT OF SILENCE the pressure that we Democrats placed being for strengthening voting rights Mr. SCHUMER. Madam President, a on the Republican majority to make and antidiscrimination legislation is short time ago, in conjunction with the these changes, it would certainly have very, very tiny. Yet they move forward memorial service being held today in been further delayed and might never on him. Minnesota for George Floyd, I joined have happened. By the end of the day, the two Repub- the rest of the Democratic caucus in Now, Leader MCCONNELL has said lican-led committees will have ap- Emancipation Hall to recognize a mo- that another emergency relief bill was proved up to 100 subpoenas—unprece- ment of silence in honor of his memory likely before July 4, but then on Tues- dented in modern history. In the midst as well as the memory of Breonna Tay- day, when listing his priorities for the of national crises, Senate Republicans lor, Ahmaud Aubery, and the unimagi- June session, Leader MCCONNELL did are trying to use the Senate to do op- nable number of Black Americans who not mention COVID legislation. position research for the President’s have had their lives ended in police Republican Senators are starting to reelection campaign. Seriously? custody. say that another relief bill might— The Republican majority will ap- Standing before the statue of Fred- might—come in late July—shocking. prove up to 100 subpoenas to chase the erick Douglass, a Black American who This past week—just today it was an- President’s wild conspiracy theories fought his whole life for a measure of nounced—nearly 2 million more Ameri- but has not put one bill on jobs, one racial equality, the moment of silence cans filed for unemployment, bringing bill on testing, one bill on employment lasted 8 minutes and 46 seconds, the the total since the start of the pan- on the floor of the Senate since Leader length of time that the White police of- demic to over 42 million. MCCONNELL called us back. They will ficer in Minneapolis pressed his knee The monthly jobs report tomorrow is not even commit to a debate on law en- on George Floyd’s neck. Standing there expected to report over 20 percent un- forcement reform. in silence, you feel the horrifying employment, and we should wait? As You might think that an economic length of George Floyd’s final 9 min- people are losing their jobs, as parents crisis, a public health emergency, on utes. You cannot help but imagine his are not sure they can feed their kids or top of the searing reminder of racial in- horror and fear, knowing that his trau- stay in their homes, as small busi- justice, might have put the conspiracy ma and the trauma of his family and nesses, where people put their blood, caucus on pause, but no—no such luck. his friends has been felt by so many sweat, and tears over the years and The American people should call Black families and Black communities even decades to build them are col- their Republican Senators. They across the country and across the cen- lapsing—and we should wait? Why? Be- should demand action. The Republican turies. cause maybe some rightwing Senate is failing to meet this impor- Of course, a moment of silence, a mo- ideologues or some of the very big lead- tant moment, and the Republican ment of solidarity, is no substitute for ers of the Republican Party and bene- President isn’t doing any better. real action. That is why Senate Demo- factors don’t like spending money on In a week marred by unacceptable vi- crats are working with our House col- anything? olence and rioting in some places, the leagues on policing reform legislation. I don’t know if that is the reason. I President advocates more violence, That is why we are demanding that hope it isn’t. But we can’t wait. We more chaos, more disorder, including the Republican majority leader com- can’t wait. appalling attacks on the constitutional mit to addressing this issue on the The economic disaster, as with so rights of protesters on his front porch. floor of the Senate. many issues in society, will dispropor- I am heartbroken by stories of peace- Leader MCCONNELL, why don’t you tionately affect Black Americans. So ful protesters being injured when the admit that we have to do something far, 109,000 fellow Americans have died. protests turn ugly. I am heartbroken here and not just say: Well, maybe we More are dying every day, every single by reports of police officers who are will take a look at it, as you did on gun day, but Senate Republicans want to doing their job the right way, striving control after the violent shootings and wait until late July to maybe—maybe to keep the peace, who have been then did nothing? Make a commitment do another relief bill. gravely injured.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.003 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2704 CONGRESSIONAL RECORD — SENATE June 4, 2020 Three of New York’s finest were in- What is President Trump doing to signature, previously passed by the jured yesterday while assigned to pre- this democracy, to the rule of law, to House, that makes some modifications vent looting. A New York State troop- the primacy of the Constitution? And to the PPP program—things that were er in Buffalo was run over the other where are the Republican Senate sought by both sides, improvements, I night. I wish New York State Trooper voices—Leader MCCONNELL and every- think, that enable that program to be Ron Ensminger and the Buffalo police one else here—condemning what he used with greater flexibility, extending officers injured in these disturbing in- did? the amount of time in which those dol- cidents a speedy and full recovery and Again, democracy will be eroded if we lars that have been received can be thank them for their service and com- don’t stand up for it, if we are afraid to used, and allowing some greater flexi- mitment to public safety. speak out, afraid to tell President bility in how they are used. Let me state, once again, unequivo- Trump he is overreaching and has done So I think that is evidence, again, cally, that the cause of justice and bad, bad things when he does them. that this body, and both Democrats change sought by protesters in and be- I am not the only one who feels this and Republicans working together, can yond is undermined by lawlessness and way. We have had statement after get things done for the American peo- violence. President Trump, however, statement from Americans of all polit- ple that address the very direct needs seems to be incapable of acknowl- ical stripes. I read George Will, for in- and challenges they face right now as a edging the fact that the overwhelming stance, the other day. He is a conserv- result of the coronavirus. number of peace protesters are peace- ative, but he cares about America, and I credit the authors of that—Sen- ful and are simply advocating change. he has got some principle. ators COLLINS and RUBIO on our side, He seems incapable of turning the tem- Then, the most remarkable of all, along with their Democratic counter- perature down to prevent more vio- issued by President Trump’s former parts—for working together to struc- lence. Quite the opposite. The Presi- Secretary of Defense. I want to read ture a program that has not only dent wants Americans to falsely be- some of what former Secretary Mattis helped many businesses stay in busi- lieve that all the people who are pro- said: ness—millions of businesses stay in testing for a good cause—equality and When I joined the military, some 50 years business—but has kept tens of millions racial justice—are violent. Nothing ago, I swore an oath to support and defend of people in this country employed at a could be further from the truth. The the Constitution. Never did I dream that time when we desperately need to keep overwhelming majority are doing what troops taking that same oath would be or- those jobs. our Founding Fathers did: protesting dered under any circumstance to violate the So, again, I think it is evidence of to make this Nation a better nation. constitutional rights of their fellow citi- this body’s and our Senate majority’s zens—much less to provide a bizarre photo op They should be praised, not vilified. focus on the coronavirus and things we In a week marred by unacceptable vi- for the elected commander-in-chief, with military leadership standing alongside. We can do to help assist those who have olence and rioting in some places, the know that we are better than the abuse of been most harmed economically by President advocates chaos and dis- executive authority that we witnessed in La- that, as well as addressing the very order, including appalling attacks on fayette Square. real health emergency that we need to constitutional rights on his front Mattis continues: continue to focus on in terms of finding porch. My goodness. My goodness. Donald Trump is the first president in my those therapeutics and vaccines that Earlier this week, Americans lifetime who does not try to unite the Amer- will enable the American people to watched Federal officers, under the di- ican people—does not even pretend to try. have confidence, once again, that they rection of the President and the Attor- Instead he tries to divide us. We are wit- can go out. ney General, use gas and rubber bullets nessing the consequences of three years of THE ECONOMY to disperse a crowd of peaceful pro- this deliberate effort. We are witnessing the testers in the park. The Lincoln Memo- consequences of three years without mature Mr. President, what I want to speak rial was blocked off by rows of camou- leadership. We can unite without him, draw- to today is the evidence that we are flaged officers. ing on the strengths inherent in our civil so- seeing that the economy around the There are reports right now that ciety. This will not be easy, as the past few country is starting to reopen. There is troops from Fort Drum and Fort Bragg days have shown, but we owe it to our fellow still a lot of work, obviously, that has citizens; to past generations that bled to de- to be done to defeat the virus and help are camped outside Washington, DC. I fend our promise; and to our children. would ask the leaders of our military, our economy and the American people That was President Trump’s former if these reports are true, what are they recover. Secretary of Defense, James Mattis. doing there, and what are their orders? As I mentioned, we have spent the The leader, a few minutes ago, men- Like all former members of the mili- past few weeks focused on monitoring tioned Tiananmen Square. Of course, tary, I know that Secretary Mattis the implementation of the $2.4 trillion no one believes that we are China or strives to avoid political statements. in aid that Congress has provided. Our like China—of course not. We are a de- He has assiduously avoided them so committees are hard at work con- mocracy, and we are proud of it. Most far. But it was a searing indictment of ducting coronavirus oversight and of us love and praise the right for President Trump’s failures that impor- looking ahead to what else Congress peaceful protests. But I would remind tuned Secretary Mattis to speak out so may need to do to combat the virus the Republican leader, when any Presi- strongly about the President’s divisive- and to get our economy going again. dent, particularly an overreaching one ness, immaturity, and abuse of power. We are looking at what more funding like this, steps over the line, if good Make no mistake about it, General Congress may need to provide and what people don’t raise their voices, that is Mattis’s comments were a shot across Congress can do that doesn’t involve a the way to erode democracy, which the bow to our military leaders: Don’t lot of new spending. China does not have. let the President push you into doing As I said, Congress has already pro- Where is Leader MCCONNELL’s voice? things you know that are wrong, that vided $2.5 trillion to fight the Instead of spinning these crazy theo- should not be done, and that could very coronavirus, and we will absolutely ries, why doesn’t he just speak out well violate the Constitution. provide more if needed, but we need to against what the President did Monday I yield the floor. remember that every dollar we have night? Why did he block our resolution, The PRESIDING OFFICER (Mr. provided is borrowed money that our our simple resolution, which called for SCOTT of Florida). The Senator from children and grandchildren will have to only three things: one, praise the pro- South Dakota. repay. testers; two, condemn violence; and, CORONAVIRUS Our debt was already very large com- three, condemn the President for what Mr. THUNE. Mr. President, respond- pared to the size of our economy, even he did? ing to the coronavirus continues to be before—before this year’s coronavirus- Our Nation’s Capital is being pa- one of our top priorities here in Con- related borrowing, and that is a very trolled by Federal officers commanded gress, I think, as evidenced that yester- concerning reality. The truth is, we by President Trump and Attorney Gen- day the Senate moved a bill across the can’t just keep borrowing and bor- eral Barr, who refuse to identify who floor of the Senate that will be on its rowing ever greater sums without suf- they are and where they come from. way now to the President’s desk for his fering real economic consequences.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.006 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2705 So, while we may need to borrow ers. A lot of us have relied on these tiple other measures to help Americans more money to meet our needs before workers during the pandemic to pro- in the wake of the coronavirus. For ex- this crisis is over, it is crucial that we vide food and grocery delivery. But ample, the CARES Act, our largest keep that borrowing as low as possible these gig economy arrangements coronavirus response bill to date, in- and only spend that which is abso- stretch the boundaries of current tax cluded a temporary version of legisla- lutely necessary. law. tion I introduced with Senator WARNER That is why the Senate is so focused During the pandemic, companies who that allows employers to contribute up on conducting oversight of the money have wanted to provide additional ben- to $5,250 tax-free to help pay down we have already provided. Seeing how efits to workers—from personal protec- their employees’ student loans. and where those funds are used will tive equipment to financial assist- This is a win for employees, who can give us a better sense of where we ance—have hesitated to do so for fear receive help with burdensome loan pay- spent sufficiently and where more that their actions would accidentally ments during a time when multiple money may be needed. reclassify their workers from inde- Americans’ finances are stretched thin. We are also, as I said, looking at pendent contractors to employees. And it is a win for employers, who have what we can do to help families and That would mean the end of this kind a new benefit to offer to help attract businesses that does not involve spend- of work for a lot of people who rely on talented employees as they seek to ing a lot of taxpayer dollars. While my it for the income and flexibility it pro- build their businesses back up after the friends across the aisle generally seem vides. past few months of COVID-related to regard money or a new government My NEW GIG Act updates our tax challenges. program as the solution to every prob- law to provide clear guidance on the I am hoping that we can make this lem, the truth is, there are a lot of classification of this new generation of legislation permanent before the end of things Congress can do without spend- workers. It will ensure Lyft drivers, the year. As I said earlier, if we need to ing trillions of taxpayer dollars or set- Postmates, Taskers, and others are provide additional coronavirus funding, ting up new government bureaucracies, treated as independent contractors for we will. But we need to make sure we everything from making permanent re- purposes of tax law if they meet a set are only providing what is genuinely forms to make telehealth more acces- of objective criteria. necessary because today’s young work- sible to shielding responsible busi- My bill will allow companies to pro- ers, and our children and grand- nesses from frivolous litigation. vide support to workers to help them children, will be paying the price for I have three tax bills that I have in- stay safe during the pandemic without the debt we are amassing. troduced this Congress that would help jeopardizing these individuals’ status I am committed to supporting legis- Americans during and after the pan- as independent contractors. And it will lation that will help Americans get demic. One of these bills is my Mobile ensure that the valuable services these through this crisis while minimizing Workforce State Income Tax Sim- individual provide will remain avail- the burden on future generations. My plification Act, which I introduced last able to the Americans who are increas- tax bills are one example of this kind of legislation. I look forward to work- year along with Senator SHERROD ingly reliant on them. ing with my colleagues to advance BROWN. In addition to the NEW GIG Act, I In our economy, substantial numbers also introduced the Digital Goods and them in the U.S. Senate. I yield the floor. of workers travel to different States Services Tax Fairness Act last month. The PRESIDING OFFICER. The Sen- for temporary work assignments on a This legislation, which I introduced ator from Washington. regular basis, and they end up subject with Senator WYDEN, is designed to REMEMBERING GEORGE FLOYD to a bewildering variety of State laws prevent consumers from being faced Ms. CANTWELL. Mr. President, I governing State income tax. with multiple taxes for downloading come to the floor today after my col- Our legislation would simplify things digital products. leagues have held a moment of silence for both workers and employers by cre- Over the past few months, I imagine for the passing of George Floyd. His a lot of Americans have purchased new ating an across-the-board tax standard family should not be preparing for his for mobile employees who spend a books to read on their Kindle or a new funeral today. All Americans, regard- short period of time working across television series to watch. But what less of race, ethnicity, religion, gender, State lines. It would ensure that States many Americans don’t know is that, or sexual orientation, deserve to have receive fair tax payments while mak- right now, a digital purchase of a book equal protection under the law. ing life a lot easier for workers who or television series could hypo- It is time that we not just speak out travel to different States for work. thetically be taxed in up to three about injustice; it is time that we pass While this legislation is good tax pol- States, depending on the circumstances new Federal laws to protect the civil icy, generally—we have needed clear of the purchase. liberties of U.S. citizens and protect rules of the road for out-of-State work- With States likely looking to find them from these injustices. What is our ers for a while—it has particular rel- new revenue in the wake of declining role here in the U.S. Senate? I believe evance in the age of coronavirus. receipts during the pandemic, there is it comes to passing new laws for those The Governor of New York has made a real danger that Americans could see Federal protections. it clear that he is looking to cash in on multiple States’ worth of taxes on The U.S. Attorney General is the top the pandemic by subjecting doctors and their digital purchases. The Digital law enforcement of our country. He di- nurses who cross State lines to volun- Goods and Services Tax Fairness Act rects and supervises U.S. attorneys tarily work in New York to New York’s would provide ‘‘rules of the road’’ for that prosecute Federal crimes. income tax. taxing digital goods and services and The Attorney General is supposed to We need to make sure that medical ensure that digital purchases could be make sure that citizens in our country professionals who traveled to other taxed in only one State—the State in have equal protection of the law. He is States to help fight the coronavirus which the consumer resides. supposed to uphold the Fourth Amend- aren’t rewarded with big tax bills. An- It would also prohibit States and ment protections against unreasonable other tax bill I introduced last year local governments from taxing digital seizure and the Civil Rights Act, that that has particular relevance in the goods at higher rates than tangible protects against excessive use of force age of coronavirus is my New Economy goods. In other words, under our bill, by police. Works to Guarantee Independence and that season of ‘‘The Office’’ you want It is not about calling out the mili- Growth Act. We always have an acro- to buy digitally couldn’t be taxed at a tary. It is about protecting the civil nym around here. It is called the NEW higher rate than if you were pur- liberties of our U.S. citizens. He is sup- GIG Act. chasing the season on DVD. posed to enforce 18 U.S. Code Sec 242, The last decade or so has seen the These tax bills are just some of the which prohibits the deprivation of rise of the gig economy—services pro- ideas Republicans are putting forward rights under the color of law. It crim- vided by individuals through apps and that would help Americans without inalizes abuse by police. websites like Uber, Lyft, TaskRabbit, spending trillions of additional tax- The U.S. Department of Justice Civil Instacart, Postmates, and many oth- payer dollars. I am working on mul- Rights Division is supposed to step in

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.007 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2706 CONGRESSIONAL RECORD — SENATE June 4, 2020 when police departments have serious restraint by a Tacoma police officer. I think this stands in stark contrast abuses. The Civil Rights Division is re- This just happened in March of 2020. to President Obama, who requested sponsible for enforcing Federal prohibi- Meth and an enlarged heart contrib- that the COPS program be funded each tions on patterns or practices of polic- uted to his death, but the Pierce Coun- year in his budget request. ing that violate the Constitution or ty medical examiner ruled his death a But all of this brings us to where we other Federal laws. homicide, and his case is under inves- are today. What the citizenry of the It conducts investigations of allega- tigation. United States of America is telling us tions of systemic police misconduct All of these issues in the State of is that we need better laws on the and reaches comprehensive agreements Washington led our citizenry to have a books. I believe we need to act here. on reforms that are needed to restore debate about this. In 2018, 62 percent of The death of George Floyd has shown effective policing and trust with com- Washington voters approved ballot ini- us that there is a clarion call and a munities. If it cannot reach an agree- tiative 940. It required de-escalation. It need for more Federal action. ment, the Division will bring a Federal required training for police officers to I believe in these things: I believe lawsuit to compel the needed reforms. understand how to help and deal with that we should have a prohibition on Yes, we have something to do here in the public. It mandated first aid to a chokeholds and knee restraints that Washington. victim of deadly force, and it required cut off oxygen to the brain. Throughout U.S. history, the Civil an outside investigation into the use of I believe that we should, just like the Rights Division has played a major role that deadly force. State of Washington, provide for more in a number of critical cases, including It also removed the requirement that Federal support for de-escalation train- the prosecution and murders of Medgar prosecutors prove malice to hold police ing. Evers and Dr. Martin Luther King. officers criminally liable for use of I believe in establishing a Federal Yes, we have something to do here in deadly force. And that continues to standard for the use of body cameras, Washington. need improvement in our state. and when they should be mandatory, The Obama administration made po- These were steps in the right direc- because I think they should be, and licing reform a priority. The Civil tion, but these events in the last sev- making sure that what happens to the Rights Division was active in helping eral weeks have showed us that it is video is available, and that the public oversee pattern and practices of police not time to step back from this issue; knows and understands what is hap- department abuses and entered numer- it is time to pass new Federal legisla- pening. I believe in requiring an independent ous consent decrees with Seattle, with tion. investigation, just like we did under New Orleans, on Ferguson, with Balti- Under the Trump administration and State statute—and by the way, that more, and with Cleveland. Attorney General Barr, the U.S. De- initiative that was voted on, with some Why? Because we had cases that partment of Justice Civil Rights Divi- of these provisions in them, in the needed that Federal oversight. We saw sion police practices group has been re- State of Washington, and received 60- that there were abuses of use of force duced to half. It has not opened a percent approval from the Washing- across the country, including even in major pattern-or-practice investiga- tonians of our State. Why? Because my home State, that we needed to ad- tion of police departments’ violation of civil and constitutional rights. Presi- they believe these things are essential. dress. The Duckworth bill provides for a inde- In 2006, Otto Zehm, a man with devel- dent Trump and his administration pendent investigation when deadly opmental disabilities, was wrongly ac- have pulled back from Department of force has been used, and we should be cused of stealing money from an ATM. Justice’s important oversight role, at a time we can see that we need more of making this the Federal law of the Mr. Zehm was improperly hog-tied by a Federal role, not less. land. police, placed on his stomach, and he In November 2018, then-Attorney And we need to provide more support died from lack of oxygen to his brain. General Jeff Sessions changed the De- for community policing, and not just As he was dying, he said, ‘‘I was just on partment of Justice policy to make it the dollars but accountability for when my way to get a Snicker bar.’’ even harder for the Department to per- and how the dollars are used, so the It breaks my heart that somebody form its oversight role of our police de- community knows exactly what is with disabilities was treated this way. partments. He made it harder for the going on with the Federal dollars for There was a Federal indictment in this Department of Justice to reach dissent community policing. case and the police officer was found decrees with State and city govern- And we need to require the Attorney guilty of excessive use of force, lying ments and limited the reforms that General and Assistant Attorney Gen- to investigators about the confronta- they could require. eral, who lead the USDOJ Civil Rights tion. As a result of a civil case, the The Trump administration has shown Division, to vigorously identify and Spokane police were required to re- that it isn’t interested in the commu- end patterns and practices of abuse in ceive special training on interaction nity policing programs that have police departments and seek penalties with mentally ill suspects and detain- shown success in the past. There are for those who haven’t. ees. numbers that statistically show that I suggest a Federal audit every year In 2010, John T. Williams, a Native better investment in community polic- where there are practices and patterns American, a seventh-generation ing helps us lower the crime rate. of abuse and give us the information so woodcarver who used his knife to make In 2017, the Trump administration led that we in Congress can also help in street art, was fatally shot seven times the U.S. Department of Justice to sig- holding those accountable for not in the back by Seattle police. He had nificantly scale back on the Obama-era meeting the Federal standards of up- hearing difficulties and mental health program called Collaborative Reform holding citizenries’ civil rights. challenges. Literally, he was just carv- Initiative, which provided support to And we need to create a clear Federal ing in one spot and decided to move improve trust between police and com- standard on the use deadly force, just across the street to another spot. When munities. And under the Trump admin- like the Washington State voters did he didn’t respond to the officer, he was istration, it no longer strongly sup- when they passed legislation. Whether shot and killed. The officer who killed ports consent decrees, which have been we do it like the Washington voters in Mr. Williams wasn’t charged, but the so helpful in holding local cities and ending the defense on malice, or wheth- U.S. Department of Justice did inves- police departments accountable for er we look at what my colleagues Sen- tigate and found that there was a pat- civil rights abuses. ator BOOKER, HARRIS, and MARKEY have tern and practice of abuse by Seattle The Trump administration tried to suggested, let’s have that debate. police. defund the Office of Community Polic- I am ready to say to my side of the The U.S. Department of Justice and ing and Services Program. Thank god aisle: Let’s get these issues—I men- Seattle agreed on a consent decree, our colleagues have refused that. This tioned seven of them—let’s get them which required a number of reforms. provides important Federal funding out here. I am asking my colleagues on And now, just recently, an African help hire community policing and offi- this side of the aisle: let’s engage on American named Manuel Ellis died cers and to provide technical assist- this Federal debate and show the citi- from respiratory arrest due to physical ance. zenry of America that we hear them.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.002 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2707 Let’s not also just be deaf to the I don’t know whether Director ADAM SCHIFF and the House Perma- plight and fate that our officers are Comey had an impact on the 2016 elec- nent Select Committee on Intelligence dealing with every day on the streets tion, but I do know what he did was took a lot of sworn testimony during of America. We need more funding to wrong, and, yesterday, Deputy Attor- their ‘‘investigation.’’ Now that it has help our police departments. We defi- ney General Rosenstein confirmed his been declassified, we know that none of nitely, in some cases, need additional memo to then-Attorney General Jeff the witnesses—mainly Obama-era offi- pay. But for this, we also need to deal Sessions, which was then attached to cials—knew of any evidence of coordi- with our housing crisis, our mental Jeff Sessions’ letter to the President, nation, cooperation, or collusion with health crisis, our opioid addiction cri- recommending that Director Comey be Russian authorities—none of them. Yet sis. So many of our men and women in terminated as the FBI Director. The ADAM SCHIFF and others on the House blue are policing our streets not for reason was not because he had made a Permanent Select Committee on Intel- crimes but for dealing with the popu- mistake but because he had failed to ligence had the temerity to go to the lation that is living on the streets. We see the error of his ways and was likely microphones and say there was ramp- need to do better here than to short- to repeat them again. ant collusion, conspiracy, and collabo- change them and to not help—not to The Deputy Attorney General is sup- ration—just bald-faced lies. Of course, help correct these situations that have posed to be the supervisor for the FBI, the American people didn’t know that. now become day-to-day tasks in what and while the chain of command is We didn’t know that because those al- has never been part of the law enforce- pretty clear in criminal cases, in this legations were reported in the press, species of investigation known as coun- ment effort. and they led into this narrative which terintelligence, which is not primarily I ask my colleagues, let’s put our dif- has so dominated us over the last 31⁄2 ferences aside to get real action on to investigate crimes but to inves- years, only to find there was no basis tigate security threats to the United these. There is a Federal role on civil for it. States, there was no chain of com- rights enforcement. Let’s take that Suffice it to say that the investiga- mand. The FBI was running rogue role seriously, let’s respond to the tions that are being conducted by the under Director Comey, along with death, and do something about it. I Committee on the Judiciary and by the some of the things we have learned know that the best way to honor Committee on Homeland Security and about with regard to Director McCabe, Governmental Affairs, led by Chairman George Floyd today would be to help Peter Strzok, Lisa Page, and others. JOHNSON, I think, are very, very impor- pass the laws that help protect the citi- It is really important that we not tant. The facts will come out. We know zenry of our State. We are a great only make sure we understand what that Attorney General Barr has depu- country, and we can do better by meet- happened—that it was unprecedented tized Mr. Durham, a U.S. attorney, to ing this challenge. and negatively affected Hillary Clin- see whether there is evidence of I yield the floor. ton’s campaign—but that it also nega- The PRESIDING OFFICER. The Sen- tively affected Donald Trump and his chargeable crimes, because there needs ator from Texas. campaign, and this investigation con- to be accountability. Mr. CORNYN. Mr. President, I ask tinued long after he became President. AMERICA’S SPACE PROGRAM unanimous consent to complete my re- It resulted in the appointment of a spe- Mr. President, let me just on, maybe, marks before the vote. cial counsel, who ended up with no evi- on a happier note, talk about another The PRESIDING OFFICER. Without dence with which to charge the Presi- event. We need a little good news, a lit- objection, it is so ordered. dent with any crime. tle hope, a little optimism in America RUSSIA INVESTIGATION We can’t have the FBI interfering these days. Mr. CORNYN. Mr. President, yester- with our elections. Yes, it needs to in- Last weekend, America’s space pro- day the Senate Judiciary Committee vestigate counterintelligence threats gram made history with the successful held our first oversight hearing to to the United States, and it needs to SpaceX crew Dragon launch. It was learn more about the origins and evo- investigate crimes, but it should not be nearly a decade ago that American as- lution of the counterintelligence inves- a primary actor in that process, in the tronauts in American rockets were tigation known as Crossfire Hurricane, public process, by which we elect Presi- launched into space from American opened in July of 2016 against a Presi- dents. It needs to stay in its particular soil. I mean, until last weekend, we dential candidate and his campaign lane and not become a partisan, in ef- were literally captives of the Russians team. I asked Rod Rosenstein, the fect, affecting the outcome of Presi- in their providing the rockets or the former Deputy Attorney General, if he dential elections, all of which is to say rides we needed in order to get to the knew of a precedent for active FBI in- that the investigation the Committee International Space Station. Yet that vestigations against both nominees of on the Judiciary began yesterday is is not the only reason this launch was the major political parties for Presi- very, very important. One thing we so significant. It marked the first time dential campaign, and he said: No, must make sure of is that this never that our astronauts launched in a com- there is no precedent. happens again, and the only way we mercially built and operated space- The FBI is not supposed to be in- can make sure it never happens again craft. I must say that it looked pretty volved in our elections and in our poli- is to make clear what did happen and slick to me. tics. Yet you recall what happened on where the train went off the rails. As we work to ensure our country re- July 5, 2016. Director James Comey The last 31⁄2 years have been pri- mains a leader in human spaceflight, held another unprecedented event—a marily occupied with this so-called in- partnerships between the public and press conference—at which he said that vestigation into President Trump and private sectors are going to continue to no reasonable prosecutor would pros- his campaign, then the appointment of be very important. That is why NASA ecute Secretary Hillary Clinton for a a special counsel, and 2 years of Direc- established a commercial crew pro- crime but then proceeded to detail de- tor Mueller’s investigation as special gram to link the brilliant minds at rogatory information—information counsel. Then what followed that was NASA with those innovative companies that was not his to release but was sup- impeachment. Think of all of the op- like SpaceX, and this launch gave us posed to be part of a confidential inves- portunity costs associated with that, just a glimpse into how those partner- tigation. the time we could have and should ships will lead us in the future. Under our system of justice, the FBI have spent on doing things which I remember the launch of the Apollo is supposed to investigate crime, and would have impacted the quality of life 11 mission almost 51 years ago, and I then the Department of Justice makes of the American people—improving ac- remember seeing the photos of the as- the charging decision. That is when cess to healthcare, creating economic tronauts in the command module. They things become public. Yet, when the opportunity, enhancing our national wore bulky space suits, and the sur- FBI decides there is not enough evi- security. These are things we were not rounding walls were completely cov- dence to support charging, it doesn’t doing because we were preoccupied ered with switches and dials and but- hold a press conference and disparage with these bogus investigations and tons. To be honest, not much changed the character and reputation of the the media leaks by the people who over the next several decades. Even person it is investigating. knew better. with the last launch on American soil

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.003 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2708 CONGRESSIONAL RECORD — SENATE June 4, 2020 in 2011, the Space Shuttle Atlantis cifics of the Pack nomination, I need to mittee has operated pursuant to what looked pretty similar. say a few words about the moment we is known as comity. While that sounds What America saw on Saturday was a are in and how we got here. like a fancy word, it simply means that glimpse into the future. Astronauts We are facing two devastating crises. we have found a way to work together Bob Behnken and Doug Hurley were Over 100,000 Americans have died from to achieve a process that has worked outfitted in custom-designed and fitted COVID–19 in just a matter of months, for all members—the majority and mi- space suits, and they were seated in and that number continues to grow. nority alike—even if we haven’t always front of a sleek touchscreen. It looked The scale and the speed of the tragedy agreed on the substance. Had the chair- like the console of a Tesla, to me, but is almost impossible to comprehend. man engaged to our condition of com- I am sure it was more sophisticated We certainly stand with all of our fam- ity, we would have almost certainly than that. ilies who have lost loved ones, and we had a business meeting that would After the two astronauts arrived at cherish their memories. Unlike COVID– have focused on COVID, which is the the International Space Station, 19, the second crisis is one of our own crisis at hand, and not Mr. Pack—a Behnken referred to the Dragon as a making. blatantly flawed nominee. I know that slick vehicle. Yet things don’t just Over centuries of injustice, African ‘‘comity’’ sounds awfully quaint in the look like they were made for the fu- Americans and other people of color polarized times in which we live, but it ture, for they were designed to work have not been treated like human has worked. It has worked for the better, last longer, and be safer. The beings; they have not been treated like members, for the committee, and for Falcon 9 rocket was made with reus- every American deserves to be treated, the country. It has been the force that able parts to bring down the cost of like every person in the world has the has bound us together, the force by human spaceflight. As we return Amer- right to be treated. No. All too often, which we have found common ground ican astronauts to the Moon and even- they have been treated like George to advance the national interest. tually to Mars, this commercial launch Floyd, with a knee on the neck as they I am sad to report that the Michael will have marked a new era of space ex- gasp and choke ‘‘I can’t breathe.’’ As a Pack nomination was the nail in the ploration. It gives us hope and excite- result, our country has erupted with coffin for comity. The chairman ig- ment at a time when both of those are protests. In this moment, these griev- nored the requests of every member of desperately needed. ances have been met with the petty an- the committee’s minority—a simple re- I thank and commend the countless tics and deplorable, violent tactics of quest: Let’s not vote on Michael Pack men and women who have made this notorious dictators around the world. until we have collectively worked I am shaking in having to say this. I mission possible, especially my fellow through all of the serious background am shaken to the core that President Texans at Johnson Space Center—the problems that exist. The letter that Trump, with the assistance of his At- center of human spaceflight for was sent to the chairman did not even torney General, used violence against NASA—and then, of course, Elon Musk, get responded to prior to ramming who founded SpaceX. He said this peaceful protesters—people exercising their First Amendment rights—all for Pack through the committee. That si- launch was the result of, roughly, a photo op with a Bible. That is not lence and the actions that have been 100,000 people’s efforts when you added right. It is not acceptable, and that is taken have changed the committee up all of the suppliers and everybody not America. and, I believe, the Senate for the worse. involved. When you combine that with This body has to act. We have to act I don’t have the time or the inclina- the work of the brave and brilliant as- quickly and effectively to address tion to go through every violation of tronauts, physicists, engineers, mathe- these twin crises. The moment calls for the rules and norms that marred the maticians, and scientists of all stripes leadership at every level. We all know committee’s process on Michael Pack, who have helped us to have met our this, but we are not doing it. Why not? but there is one violation that I have space exploration goals over the years, The answer is that President Trump to speak to, one that is so serious and it is clear that America’s space pro- and the Republican majority of this so corrosive that it needs to be docu- gram’s best days are ahead. body are focused elsewhere while our mented and should never be repeated. I When the final NASA space shuttle country is suffering—perhaps like am speaking about the chairman’s re- crew departed the International Space never before. They are focused on do- fusal to allow a video stream live of the Station in 2011, it left behind a small mestic political errands. Yet, while committee’s debate and vote on Mr. American flag with instructions that it trivial, these errands are corrosive to Pack. Yes, the chairman intentionally be brought back to Earth by the next this body, to our country, and to the deprived the public of its opportunity crew to be launched from the United Constitution. to watch this unfortunate episode un- States. Finally, almost a decade later, I need to say a few words about what fold as it did. This was shameful. It it has been united with the astronauts is and what is not happening in the violated the rules. It sent the wrong who will carry it home. Committee on Foreign Relations, be- message to every American and every On behalf of a proud nation, con- cause it bears directly on how and why person around the world. gratulations to astronauts Bob Michael Pack is getting a vote on the This committee is a beacon of light Behnken and Doug Hurley, to everyone Senate floor today. to the world for those who are op- at the National Aeronautics and Space The Committee on Foreign Relations pressed, for transparency, for open gov- Administration, and SpaceX on suc- has helped to shape our collective re- ernment, for the rule of law, for a free cessfully capturing that flag. We wel- sponse to some of the country’s great- press. Well, we shut out the Nation and come you home in the coming months est challenges—from Vietnam to Sep- the world for the first time in my years so we can proudly say alongside of you: tember 11, to Afghanistan. We ought to of being on the committee. Since I got Mission finally accomplished. be rising to the challenges of our time to the Senate, I have been on the com- I yield the floor. and shaping the international response mittee. I am the longest serving mem- The PRESIDING OFFICER. The Sen- to COVID–19. Yet, tragically, we have ber of the committee from either side ator from New Jersey. not held one public hearing on COVID, of the aisle. Never have we done that. Mr. MENENDEZ. Mr. President, I ask and the committee has not debated or This is a message that we are weak, a unanimous consent that my remarks voted on a single COVID-related bill or message that we are ashamed, a mes- be allowed to be concluded in full be- amendment despite our being months sage that has no place in our democ- fore the vote. into the crisis. I know the Democratic racy. The PRESIDING OFFICER. Without members of the Senate Committee on Now let me turn to Mr. Pack. objection, it is so ordered. Foreign Relations came together and If confirmed, Mr. Pack will oversee NOMINATION OF MICHAEL PACK offered a bill as part of an effort to be the Voice of America, Radio Free Eu- Mr. MENENDEZ. Mr. President, I bipartisan so as to begin to address the rope/Radio Liberty, Radio Television rise to oppose the nomination of Mi- crisis, because we understand that vi- Marti, Radio Free Asia, and the Middle chael Pack to be the Chief Executive ruses and diseases know no borders. East Broadcasting Networks. It is ab- Officer of the U.S. Agency for Global For as long as anyone can remember, solutely critical that any person in Media. Yet, before I get into the spe- until its current chairman, the com- this position maintain a strong firewall

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.018 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2709 between the work of its networks and yellow flags at the IRS as well and to this floor has been a disgrace. If ad- grantees and political interference or they would be curious as to why a non- vice and consent means anything, at influence from the White House or any profit seemed to be operating for the rock bottom, it means ensuring that others. People around the world have sole benefit of its creator, but the yel- the people we confirm are suitable for come to view the products from all of low flag never went up at the IRS be- public service; and if they are not, we the networks and grantees as being re- cause, for many years after he created should not move forward. liable and trustworthy news sources. Public Media Lab, Mr. Pack never dis- I am aware of the pressure that some As this pandemic has highlighted, closed that it was doing business with of my colleagues face as a result of this people crave reliable, independent, and his company—with himself. nomination. I know that the President credible journalism. The networks of The IRS asks nonprofits two key has publicly trashed Voice of America, the USAGM are sometimes the only questions to determine whether a situ- calling it ‘‘the voice of the Soviet independent journalism a country can ation of private benefit might exist, Union,’’ which I hasten to say is dan- rely on to bring free and open media to and for many, many years, Mr. Pack gerous nonsense. And I know that the closed societies. In the past, the agency falsely told the IRS there was no rela- President has spoken both publicly and has made some serious missteps and tionship. When the IRS asked Mr. privately of his intense desire to con- the board and the agency’s head have Pack, under penalty of perjury, wheth- firm Mr. Pack, come what may. But historically worked with Congress to er Public Media Lab provided grants to the objections I have raised today and help to address them. any entity controlled by an officer of have been raising for months are not Sadly, the debate over Mr. Pack has the nonprofit, he said no, year after political or partisan in nature. They go not even ripened to a discussion of his year. But the true answer was yes. The to the most basic and critical question: substantive qualifications. No. We are IRS also asked Mr. Pack, again, under Is Michael Pack fit to serve? Should he stuck dealing with the nominee’s seri- penalty of perjury, whether Public be confirmed while he is under inves- ous background problems despite there Media Lab conducted business with any tigation and after having been dis- being multiple efforts to engage Chair- entity that it shared officers or direc- honest with the Senate and the IRS? man RISCH, the White House, and Mr. tors with. Again and again, year after Given his alleged use of a small non- Pack himself on these matters. The year, Mr. Pack said no, but the true profit for self-enrichment, can we trust central issue with Mr. Pack is the way answer was yes. that he will not use the massive re- that he used—perhaps abused—his non- Had Mr. Pack told the IRS the truth, sources of the U.S. Government to line profit organization, Public Media Lab, he would have had to make additional his own pockets? and his refusal to come clean about it. disclosures that might have raised that Colleagues, I implore you to consider As you can see from this chart, Mr. yellow flag, but the IRS was left in the these questions. Please put aside what- Pack is the president of both the Pub- lic Media Lab and his for-profit com- dark by Mr. Pack’s false statements. ever pressure, whatever threats the When the committee confronted Mr. pany, Manifold Productions, LLC, President has made, and consider the Pack last year with these false state- which he owns. It is where Gina Pack, dangerous precedent we are setting ments, he claimed they were ‘‘over- his wife, is the vice president and sole here today. If Mr. Pack is confirmed, sights’’ and that he did not need to other employee. Mr. Pack created and the new bar for advice and consent is amend his filings because his false controls both organizations. Since cre- set below that of a nominee who is ating Public Media Lab in 2008, Mr. statements were unintentional, but under open investigation by law en- Pack has used it to raise more than $4 then he turned around and made false forcement and who blatantly provided million from private foundations. statements to the committee about his Congress and the executive branch Some of those grants were earmarked taxes. false information. Unfortunately, given the false state- to make specific films while others, This institution has been called the ments to the IRS year after year and like a $250,000 grant from the Charles world’s greatest deliberative body. The then to the committee, we have to be Koch Foundation, were simply for history of this body guides us, and we concerned that Mr. Pack has a problem ‘‘general operating support’’ for Public make our decisions not just based on with the truth. Mr. Pack needs to come Media Lab. the immediate needs of the President As you can see from this next chart, clean with the Senate, and he needs to but on the example we will set for the Mr. Pack transferred 100 percent—100 come clean with the IRS. He needs to future. I ask my colleagues who may be percent—of the tax-exempt grant tell the IRS what is on this chart, how inclined to support Mr. Pack’s nomina- money Public Media Lab received to much grant money he transferred from tion today, are you comfortable with his for-profit company Manifold. No Public Media Lab to Manifold, and that this precedent? The answer should be grants were given to any other organi- he sent it from himself to himself. obvious, and I pray that this body has zation—none. The IRS would probably So let’s review what we have learned the courage to get there. Let us turn call that operating a nonprofit for pri- from these charts. First, Mr. Pack may away from Michael Pack, and let us vate benefit, but I will get to that in a have conducted unlawful expenditures focus on healing the wounds of our Na- minute. with his nonprofit and operated it for tion and our democracy. Some of that grant money was used private gain. Second, the IRS and the With that, I yield the floor. to make films, but based on Mr. Pack’s Senate don’t know the full truth be- CLOTURE MOTION financial disclosures, it is possible that cause Mr. Pack has made false state- The PRESIDING OFFICER. Pursuant up to 75 percent of it—millions of dol- ments and refused to provide docu- to rule XXII, the Chair lays before the lars—went straight to Mr. Pack and his mentation. Third, Mr. Pack’s nonprofit Senate the pending cloture motion, wife Gina. is now under investigation by the Of- which the clerk will state. What you see on this chart, as was fice of the Attorney General for the The bill clerk read as follows: District of Columbia for the very issues suggested in the debate the other day, CLOTURE MOTION that I have been seeking answers from is not normal. It is not normal. This is We, the undersigned Senators, in accord- not the standard. This is not how it is him for 9 months—9 months. ance with the provisions of rule XXII of the done in the industry. That is why the As my friend Senator MURPHY sol- Standing Rules of the Senate, do hereby Office of the Attorney General for the emnly noted yesterday, nominees need move to bring to a close debate on the nomi- District of Columbia, where Public to tell the truth to Congress and the nation of Michael Pack, of Maryland, to be Media Lab is incorporated, is now in- executive branch, and if there has been Chief Executive Officer of the Broadcasting vestigating Mr. Pack’s nonprofit for a mistake, the nominee needs to fix it. Board of Governors for the term of three possibly breaking the law. The ques- These are the basic requirements for years. (New Position) tion they are asking is whether Mr. all nominees who come before the Sen- Mitch McConnell, Cindy Hyde-Smith, John Boozman, Tim Scott, Marsha Pack used donations to the nonprofit ate and the absolute minimum stand- Blackburn, Chuck Grassley, Steve for his own enrichment—to line his ard we used to ask them to meet. Daines, Mike Crapo, Richard Burr, own pockets. We live in an era where the extraor- John Cornyn, David Perdue, Martha From my understanding, this kind of dinary quickly becomes routine, but McSally, John Thune, James M. behavior would normally raise some even by that metric, Mr. Pack’s path Inhofe, Kevin Cramer, Ted Cruz.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.020 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2710 CONGRESSIONAL RECORD — SENATE June 4, 2020 The PRESIDING OFFICER. By unan- that dark day, but it is certain that visas to 3 million Hongkongers—many imous consent, the mandatory quorum thousands of peaceful protesters were of whom took part in last year’s pro- call has been waived. murdered in the streets. democracy protests so that they can The question is, Is it the sense of the Beijing’s savagery was exposed dur- escape the Chinese Communist Party. I Senate that the nomination of Michael ing that massacre, reminding the West highly commend Prime Minister Boris Pack, of Maryland, to be Chief Execu- that this was the same, Johnson for striking this bold blow for tive Officer of the Broadcasting Board unreconstructed Communist Party freedom, but the United States can of Governors (New Position), shall be that killed millions—tens of millions— also do more. brought to a close? of its own people without batting an Today, I call upon the administration The yeas and nays are mandatory eye in Mao’s Cultural Revolution and to prioritize the admission of per- under the rule. Great Leap Forward. A tiger never secuted Hongkongers to the United The clerk will call the roll. changes its stripes. States through the U.S. Refugee Ad- The bill clerk called the roll. Now the Chinese Communist Party is missions Program. In coordination Mr. THUNE. The following Senator is threatening another atrocity in Hong with our allies, this action could save necessarily absent: the Senator from Kong, a city whose traditions and free- these brave Hongkongers from a hor- North Carolina (Mr. BURR). doms it once promised to respect—but rific fate under authoritarian Com- Mr. DURBIN. I announce that the that it, secretly and increasingly open- munist rule. Senator from Minnesota (Ms. KLO- ly, loathes as a gleaming repudiation of While this refugee program has been BUCHAR), the Senator from Massachu- Chinese Communism. abused in recent years, it has always setts (Mr. MARKEY), the Senator from Last year, an extradition bill that served the noble purpose of allowing Vermont (Mr. SANDERS), the Senator could have allowed Hong Kong resi- those who are truly oppressed by their from Hawaii (Mr. SCHATZ), the Senator dents to be ‘‘disappeared’’ to mainland governments to immigrate safely to from Arizona (Ms. SINEMA), the Sen- China sparked mass protests. Hong the free world. Now it can be used ator from Minnesota (Ms. SMITH), and Kong residents flooded the streets to again in this worthy cause to help the Senator from Montana (Mr. display their disapproval and protect noble Hongkongers flee the grasp of the their freedoms. TESTER) are necessarily absent. Chinese Communist Party before it is These are not anarchists trying to The PRESIDING OFFICER (Mrs. too late. tear down the law—as the Chinese FISCHER). Are there any other Senators I yield the floor. Communist Party’s shrill organs false- in the Chamber desiring to vote? The PRESIDING OFFICER. The Sen- ly claim—but they were free citizens The yeas and nays resulted—yeas 53, ator from North Dakota. fighting to preserve the rule of law nays 39, as follows: REMEMBERING CODY HOLTE they love so much, against a Com- Mr. HOEVEN. Madam President, I [Rollcall Vote No. 112 Ex.] munist power that knows no law above rise today to honor Grand Forks Police YEAS—53 itself. They are fighting for the very Officer Cody Holte, who died in the line Alexander Gardner Perdue same freedoms we enjoy in the United of duty last Wednesday. Both Senator Barrasso Graham Portman States: the freedom of religion, speech, Blackburn Grassley Risch CRAMER and myself are here. We at- and assembly; private property; the Blunt Hawley Roberts tended the funeral. It was truly a mov- Boozman Hoeven rule of law. Romney ing event. Today, we are here to honor Braun Hyde-Smith Rounds The Hong Kong protesters won the Capito Inhofe Rubio battle over the extradition bill, but the him on the Senate floor as well and Cassidy Johnson Sasse honor his service and honor his life. Collins Kennedy war for Hongkongers’ freedom isn’t Scott (FL) Cornyn Lankford Officer Holte is a Hendrum, MN, na- Scott (SC) over. While the world has been dis- Cotton Lee tive, a 2010 graduate of Norman County Shelby tracted by the coronavirus pandemic Cramer Loeffler West High School, and a 2015 graduate Sullivan and other upheavals, the Chinese Com- Crapo Manchin of Minnesota State University Moor- Cruz McConnell Thune munist Party has seized the oppor- Daines McSally Tillis tunity to finally enact what it head, with a degree in criminal justice Enzi Moran Toomey euphemistically calls a national secu- and minors in Sociology and military Ernst Murkowski Wicker science. Fischer Paul Young rity law but what is, in reality, an at- tempt to extinguish Hong Kong free- Officer Holte led a life of service, NAYS—39 dom—a law that will allow Beijing’s dedicating himself to serving his com- Baldwin Feinstein Murray agents to take broad action against munity, State, and nation by always Bennet Gillibrand Peters Hong Kong residents, including those putting the people he served first. Not Blumenthal Harris Reed only was Officer Holte an exceptional Booker Hassan Rosen who protested against the extradition Brown Heinrich Schumer bill last year. police officer, he also served as a first Cantwell Hirono Shaheen Seven million residents of Hong Kong lieutenant in the North Dakota Army Cardin Jones Stabenow National Guard. For 10 years, I was Carper Kaine Udall now face the very real possibility of Casey King Van Hollen losing their freedom and possibly their Governor in North Dakota, and I can’t Coons Leahy Warner lives. Political dissidents risk being tell you how much we relied then and, Cortez Masto Menendez Warren jailed arbitrarily—or worse. Hundreds of course, how much we rely now on Duckworth Merkley Whitehouse our National Guard. As you can see, Durbin Murphy Wyden of thousands of Christians, Muslims, Buddhists, Sikhs, and other religious Cody was a first lieutenant in the Na- NOT VOTING—8 minorities risk being driven under- tional Guard, and he did a fabulous job. Burr Sanders Smith ground like their brethren on the Chi- Here he is in his guard uniform and, of Klobuchar Schatz Tester course, his incredible service as a po- Markey Sinema nese mainland—or perhaps put in a gulag of concentration camps like the lice officer in Grand Forks. The PRESIDING OFFICER. On this Uighurs in China’s Xinjiang Province. Lieutenant Holte enlisted in the vote, the yeas are 53, the nays are 39. The free world cannot stand by while Army Reserve in 2010, and in 2015 he The motion is agreed to. the Chinese Communist Party sets fire was commissioned into the North Da- The Senator from Arkansas. to the venerable laws and freedoms of kota Army National Guard. He was last TIANANMEN SQUARE Hong Kong. Already the administra- assigned to the 815th Engineer Com- Mr. COTTON. Madam President, tion is moving to revoke Hong Kong’s pany out of Lisbon, ND, where he today is the 31st anniversary of the special trade status, which has allowed served as a detachment commander, Tiananmen Square massacre, when Chinese Communist Mandarins to get preparing his unit for upcoming mis- thousands of peaceful students asking rich off a free economic system while sions. for their freedom were gunned down by denying those very freedoms for more As an officer in Grand Forks and a Chinese Communist tanks and troops. than 1 billion of their subjects on the first lieutenant in the North Dakota Because of Beijing’s relentless censor- mainland. National Guard, Officer Holte served ship and control over information, we And our great ally, the United King- our Nation on multiple fronts. Through never learned the true death toll of dom, has announced it will extend his leadership, courage, and work

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.023 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2711 ethic, he displayed the very best the North Dakota, along the Red River, other people who are holding them up State of North Dakota has to offer Grand Forks, are just up the interstate in prayer, who have their backs, with while also helping to ensure our safety from Minneapolis, paying tribute to a love, hugs, and whatever is needed and and security. hero, and yet that hero doesn’t seem to that, likewise, Mandy, as the wife of a You realize how important it is today get the same attention that a criminal fallen hero, has all of the brothers and not only here at home but abroad. Here gets. That hero and his brothers and sisters who wear the badge as part of is somebody who served in both capac- sisters who wear the badge don’t seem her extended family. It is an incredible ities. What a life of service. to be as respected by our media as group. In addition to being a hero, My wife Mikey and I extend our deep- criminals are. In fact, the restrictions Cody was these things, these very per- est condolences to the Holte family— and the restraint that our heroes exer- sonal things. especially his wife Amanda, his son cise in carrying out their duties, the I thought the eulogy that was pro- Gunnar, his parents Bret and Tracy, vast majority of them, are really rare- vided by his uncle, Anthony Carter, sister Alexis, and twin brother Brady, ly, if ever, highlighted. was exceptional. Anthony reminded us, who is also a police officer and also Yet we celebrate the life of Cody as did other speakers but particularly served in the military. He served with Holte—29 years old, the father of a 10- Anthony, that when Cody swore an the regular Army—Cody’s brother month-old son and a husband to oath 3 years ago, he said, in protecting Brady—and now Brady serves with the Mandy. It is just really important that the city of Grand Forks, he likely Fargo PD. Here you have these twin we stand in this Chamber today and knew there would be challenging days, brothers, both serving in the military, give Cody the respect and the honor which is why he wore a medallion both serving as police officers, one in that he earned here in these hallowed around his neck that bore his favorite Grand Forks and one in Fargo. They halls and tell his story to a nation that Bible verse, Philippians 4:13: ‘‘I can do were very close, as you can imagine. is intrigued and fixated, in many re- all things through Christ, who gives me Last Wednesday, North Dakota lost spects, on those that Cody protects us strength.’’ one of its finest. Because of this, we from. Cody has left—because somebody left must always honor his memory, in It was a great honor to be there with for him—a legacy of faith. I know that part, by supporting those who continue his family and with hundreds—thou- to be true. I know that to be true be- to serve as he did and never forgetting sands, perhaps—of other law enforce- cause I know the Holtes so well. In the burden his loved ones bear on our ment officers to pay tribute to a real fact, his Grandpa Pete was in my very behalf. They sacrifice too. hero. I think it is important to note first TV ad for Congress in 1996. It was With that, I want to yield the floor that this hero is also a real person. I a losing cause, but Pete was in the ad. to Senator CRAMER, who had the good thought that his chief of police gave an His Grandma Sue was my mom’s very fortune to know the family personally absolutely marvelous speech, and I best friend. They were prayer partners. and had a long relationship with the want to just reiterate a couple of They did Bible study together. They family. I welcome and look forward to things that the Grand Forks chief of ministered together. They might have his remarks about Cody Holte, some- police said about Cody at the funeral. gossiped a little, but they were for- body who is truly an exceptional per- Chief Mark Nelson said that he and given. Sue and Pete left for Bret and son and whose life epitomized service. Cody had formed a close bond—by his sisters a legacy of faith, and Bret And we pray for God’s blessing on him what?—in part, by sharing baby photos, and Tracy left for Cody and Brady and and on his entire family. the chief’s of his grandchild and Cody’s Alexis a legacy of faith. It is that leg- I yield the floor. of Gunnar, his son. He recalled that acy of faith in a risen Lord and in a Fa- The PRESIDING OFFICER. The Sen- Cody was a friend to all. Now, who ther who knows the grief of losing a ator from North Dakota. doesn’t want a cop who is a friend to Son, who died for freedom, too, you Mr. CRAMER. Madam President, I all and with a grin that could brighten see. That faith is what sustains them thank my colleague Senator HOEVEN, anyone’s day? More importantly, he today. and I associate myself with everything said that Cody was a cop’s cop, whose It is really important that we as na- he said about Officer Holte. He is right. heart was bigger than his courage and tional leaders, as community leaders, It was an appropriate celebration of Of- who had passion and an unwavering as local leaders, and as family mem- ficer Holte’s life on Tuesday of this dedication for protecting and serving bers stand in this valley with the fam- week as we attended the funeral, along his community. He said, when Holte ily, and that is what we are doing with Congressman ARMSTRONG, Gov- was on duty, there was never any need today in addition to paying honor. ernor Burgum, Adjutant General to worry. Finally, to Cody’s brothers and sis- Gorman, and a whole bunch of other So we pay tribute today to this hero, ters who wear the badge, it seems like friends, family, members of law en- but we are reminded that he was also a the world is upside down. It feels like forcement, community leaders, and husband to Mandy and a father to the country is on fire. Yes, there is the even strangers who came to provide Gunnar. He was a son to Bret and occasional criminal police officer who that heroes celebration that Cody Tracy. I know Bret and Tracy very does something really awful, and that earned. well. I have known Bret nearly all of person needs to be brought to justice, An interesting thing about what my life. He was a brother to Brady and and, in Minnesota, that is happening. Cody went into, he and a fellow officer Alexis, as Senator HOEVEN said. Brady Yet the heroes far, far outnumber the from the Grand Forks Police Depart- is his twin brother and a police officer criminals in our police officers. So I ment were called to a scene where in Fargo, which is just an hour down think it is important, as we pay tribute shots had already been fired and the the interstate from Grand Forks. to a fallen hero, that those who are deputy sheriff had already been hit by Bret and Tracy are raising heroes, still out there protecting us, as we somebody who was simply being served but, today, they are mourning the stand in this building and express our an eviction notice, assigned by a death of a son. I know something of views, and who are standing in the gap judge—somebody who was very well that, as you know. It has been an inter- throughout our country and through- armed with an AK–47. He had shot 41 esting experience for Kris and me to out our communities protecting the rounds before doing the damage that he share our journey, after the loss of our rights of people to assemble and ex- had done and before he was stopped. son a couple of years ago, with Bret press themselves peacefully that they When Cody arrived, like all good offi- and Tracy. I want them to know how know we are in their corner, that we cers do, he didn’t run from the fire but very, very much we love them and have their backs, and that we honor ran to it. He saved lives by giving up that, in the valley they are in, as deep them along with Cody today. We re- his own. It is what heroes do. It is what as it is, they are not in it alone. spect them, and we hold them up be- all of our men and women in law en- Just as King David walked through cause we love them—because we love forcement who wear the badge are pre- the Valley of the Shadow of Death with them for what they do for us. I ask pared to do. the confidence that God was with him, their forgiveness for taking them for We live in an interesting time. It was they, too, can do that but that, in addi- granted and for not expressing the ironic, to say the least, that we in tion to God, there are a whole bunch of gratitude often enough.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.025 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2712 CONGRESSIONAL RECORD — SENATE June 4, 2020 Cody’s short 29 years of life, with his certainly gotten the most attention. It will help us get to women-owned small last 3 years as a police officer and his provided 8 weeks of payroll relief, plus businesses. It will help us get to vet- several years as a member of the North other expenses, for small businesses in eran-owned small businesses. It will Dakota National Guard—his testimony this country. It has been very, very help us get to the smaller of the small in his life and now in his death—re- popular. In fact, the original amount of businesses. It will also help us get to minds us to never take for granted our money that we authorized for loans— rural small businesses, but we need to own safety and security. about $349 billion—was quickly used do more. Say thank you to a police officer in up, and we authorized an additional That is why I have authored legisla- honor of Cody, who I know is OK. I $310 billion of loan authority. There tion with Senator BOOKER. We have put know that he is OK today. I hope he is have been 4.4 million loans issued out a plan on what needs to be done with his Grandpa Pete and his Grand- under the PPP program for a total of through a discussion document, and it ma Sue somewhere. I hope that my $510 billion. These loans were issued recognizes that we have to provide Isaac, my son, bumps into him. We had rather quickly considering the stand- greater help for businesses in under- a lake cabin right next door to the ing up of a new program and the vol- served communities for startup capital, Holtes when those kids were growing ume of interest. for technical training, and for up. So I stand with confidence that he I acknowledge the hard work of the mentorship. All that will help so that, is OK, but I continue to pray for those Small Business Administration and its when we come out of COVID–19 and left behind, especially his family—espe- workers, as well as of the Treasury, in when we have the next economic down- cially his young son and beautiful wife standing up this program and getting turn, we will have the financial institu- and mom and dad and brother and sis- the money out quickly to save many, tions and knowledge in all of our com- ter—in that they, too, are confident many small businesses in our commu- munities to be able to take advantage that they will be OK but that, while we nities. of the tools that we make available in are in this valley, they are not alone. When we passed the PPP program, we a timely way. I yield the floor. would have hoped that 8 weeks later Yesterday, we had our first oversight The PRESIDING OFFICER. The Sen- our economy would have been in a posi- hearing with regard to COVID–19 and ator from Maryland. tion in which small businesses, in large the tools of the Small Business Admin- CARES ACT number, would not have needed addi- istration. That hearing was outside of Mr. CARDIN. Madam President, as tional help or that the program’s pa- private sector witnesses. Next week, we the ranking Democrat on the Small rameters would have been adequate. will have the Secretary of the Treasury Business and Entrepreneurship Com- That was not the case. as well as the SBA Administrator be- mittee of the U.S. Senate, I take this Yesterday, this Chamber acted in a fore us. What we heard from one of our time to update my colleagues on the responsible way with legislation that witnesses yesterday, Connie Evans, of implementation of the CARES Act. Senator RUBIO and I and others rec- the Association for Enterprise Oppor- I think all of us know that the ommended, along with our House col- tunity, was about COVID–19. Its eco- CARES Act contained major, new pro- leagues who had recommended this to nomic consequences are projected to visions to help small businesses, and I our colleagues, that would give small erase decades of minority enterprise was proud to be part of a bipartisan businesses that have existing PPP growth in underserved markets. working group, with Senator RUBIO, loans the discretion to use those funds She continued: Senator SHAHEEN, and Senator COL- over a 24-week period rather than an 8- To prevent this, we believe policymakers LINS, that helped to craft three new week period, recognizing that many of must acknowledge the existing disparities in programs to help small businesses as a these businesses could not get up to our small business ecosystem and take the result of COVID–19. full payroll during this 8-week period. necessary steps to create equitable legisla- We recognize the importance of small We also gave greater flexibility on the tion to ensure that vulnerable businesses businesses to our economy, to job allocation of the funds. survive and thrive in the years ahead. growth, to innovation, but we also rec- Even with these changes, there have I couldn’t agree more. That is why ognize that small businesses are more been major challenges in bringing for- Senator BOOKER and I have issued our vulnerable to an economic downturn. ward the PPP program. First and fore- discussion document that includes They don’t have the resiliency. They most, we found—as we had, unfortu- many ways in which we can bring don’t have the deep pockets. They nately, thought might happen—that about systematic changes to really don’t have the liquidity that larger the underserved and underbanked com- help in the underserved communities. companies have. If we are going to get munities would have a much more dif- We saw, tragically, 2 weeks ago or our economy back on track, we have to ficult time in getting access to 7(a) close to 2 weeks ago, the tragic death preserve small businesses and their loans under the PPP program. Quite in Minnesota. We have all talked about workforces. frankly, we put language in the CARES how we are going to help to make sure We suggested and the Congress Act so that the SBA would give special this country gives equal opportunity to passed three new programs to help attention to the underserved and all of our citizens, including under our small businesses—the Paycheck Pro- underbanked communities. criminal justice system. We also need tection Program, the Economic Injury Quite frankly, the SBA did not follow to recognize that, if we are going to Disaster Loan Grant Program, and a our direction. The SBA’s IG said that deal with the wealth gap in America, loan forgiveness program for existing the Small Business Administration did we have to deal with entrepreneurship, and new loans taken out under 7(a), 504, not fully align with the congressional and this is one way we can do it—by or microloans. intent to help the underserved and building up these types of opportuni- We recognize that all three of these rural markets. So we responded. We re- ties. tools were important. They were not plenished the PPP funds, and we allo- Now, there is some good news in my exclusive. They worked together. PPP cated a certain amount of those funds State of Maryland that I want to share provides help to keep payrolls to- directly to smaller lending institu- with my colleagues. Maryland had a gether. It buys 8 weeks of payroll. The tions, recognizing that they have very active women’s business center. EIDL Loan Program provides working greater contact with the underserved As you know, our resource partners are capital for small businesses. The grant communities, and it did help. critically important in helping under- program provides immediate cash, and Now, at our request, the Treasury served and underbanked communities. the forgiveness program allows a busi- has allocated an additional $10 billion Women-owned businesses are clearly in ness to be able to get through these to the CDFIs, the community develop- that category. We have a very effective next 6 months without the burdens of ment financial institutions, that have women’s business center that is having to pay their loans. All of that better ties to the underserved commu- headquartered in Rockville that helps works together to keep small busi- nity. Each one of these steps helped. serve Montgomery and Prince George’s nesses viable in our community. Allocating funds to smaller lenders and Counties and Frederick. It is doing a Let me first talk about the Paycheck allocating funds to the CDFI will help great job on behalf of women-owned Protection Program because that has us get to minority small businesses. It businesses.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.028 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2713 Maryland, though, is a big State, and program for many small businesses has advantage of the $10,000. We hope that we needed more help. So I thank the already ended. We need to provide the will be corrected. Small Business Administration in its help as soon as possible. That is an- There is a third tool. That is loan announcement of two additional small other reason it is important that we forgiveness for existing 7(a) and 504 business centers in the State of Mary- take up the next stimulus package dur- loans and microloans and for loans land. One will be in Baltimore. It will ing this work period and not wait until taken out during the 6-month period be housed at Morgan State University, businesses have to lay off their workers after the adoption of the bill through a historic HBCU. That will provide, I and may not be able to reopen. the end of the year. This gives 6 think, tremendous help for women- The PPP was only one of three tools. months of debt relief for loans that can owned businesses and minority women- The second tool we provided was a new really help small businesses. I would owned businesses. We are also opening initiative under the EIDL Program, the like to report on how that is working, up a center in Salisbury, on the East- Economic Injury Disaster Loan Pro- but I don’t have a lot of numbers on ern Shore of Maryland—rural Mary- gram, for grants. It provides for imme- that, which leads me to the need for land—to help women’s businesses. This diate cash, which is what businesses data. If we are going to carry out our is critically important in dealing with need during a disaster—cash. The pro- oversight function, if we are going to the gap in our communities. Resource posal allowed for a $10,000 grant to be be able to enact legislation going for- partners are of critical need. made. We anticipated that grant would ward, we need to know how the pro- So, as we applaud the work we have be made within 3 days. We put that in grams are working today, and we done with the PPP program and as we the statute. haven’t gotten the information we recognize we need to improve it, let’s As complimentary as I have been need. also recognize we need to deal with about the SBA starting up the PPP Earlier I authored a letter to Sen- making sure there is a fair opportunity program, I am extremely disappointed ators SCHUMER and WYDEN, asking the for all businesses to qualify. We are in the manner in which the EIDL Pro- SBA to make that information avail- also going to need additional help for gram has been handled. They did not able. Most recently, I joined Senator small businesses in addition to the get the money out quickly. They did RUBIO in a similar request asking the PPP initial grant. There needs to be a not get $10,000 out; instead, the average Small Business Administration to second round, and let me tell you why. make this information available. I in- We thought 8 weeks would be enough grant was between $4,000 and $5,000. troduced legislation with Senator SHA- with the PPP program, but we know And there is $10 billion still left in the HEEN on this issue. We need to get that that for some of the original small coffers that could have gotten out to data if we are going to do our over- business loans that were taken out small businesses that desperately need- sight. under the PPP program that, within ed the cash, and they didn’t do it in the This week we had the private sector the next 2 weeks, the 8-week period timeframe Congress anticipated. witnesses; next week we have Adminis- will expire, but we know that busi- The existing loan program, which ex- trator Carranza, Administrator of the nesses are not yet open at full capac- isted before COVID–19, where SBA SBA, and Secretary Mnuchin, Sec- ity. Restaurants cannot open at full ca- issues loans during a disaster, called retary of the Treasury, to ask specifi- pacity. Catering establishments cannot the Economic Injury Disaster Loans, cally about these points. It will be a open at full capacity. Health clubs can- provides working capital. It works with not open at full capacity. Entertain- PPP. PPP is not enough help for a very, very important hearing. In closing, let me say that we have to ment centers cannot open at full capac- small business to get the working cap- continue to work together as we have ity. We know that museums are still ital and inventory they need. That is in the past to help America’s small very much hurt, so we are going to why we have the EIDL loans. The SBA businesses. They are literally the need additional help. has been very slow in getting the loans Yesterday, we heard from a small out. The numbers are extremely dis- growth engine of our economy. They business owner whose company was appointing. are the innovators of our economy, and helped by the PPP loan. He told us Now they have set up new rules. They they are the most vulnerable. there will be additional need for bridge closed the window for nonagricultural The CARES Act provided incredibly funding for small businesses experi- small businesses. Why? I have no idea. important help, but we are going to encing unanticipated costs during the They seem to be limiting loans to have to pay additional attention to phased-in reopening. I agree with him. $150,000, although the loan provides for help our small businesses. So let’s con- I think we are going to have to do more a $2 million cap. Why are they doing tinue this bipartisan effort not only to to help the small businesses in our that? help small businesses but to help our communities. If the programs are going to work to- economy and to help our country. In I have been working with Senator gether, they have to implement this doing that we will truly perform as we SHAHEEN and Senator COONS and others program. Congress specifically in- should during this national emergency. to say, on the second round, let’s try to tended COVID–19 to be a disaster cov- So I look forward to continuing to target the relief to those companies ered by EIDL. We did that in our ear- work with my colleagues on both sides that really need it. The first round— lier stimulus package. Well, we are dis- of the aisle to pay attention to what get the money out quickly. We were appointed that we haven’t had greater we have already done for small busi- very successful in doing that. There success in the EIDL Program, because nesses and give them the additional at- was a minimal amount of underwriting we know it works so much closer with tention that they need. requirements by the small businesses the PPP program, and it is particularly The PRESIDING OFFICER. The Sen- or the banks. We got the money out useful for smaller small businesses and ator from Oregon. Mr. WYDEN. Madam President, be- quickly. those that are more vulnerable. fore Senator CARDIN leaves the floor, I On the second round, we need to be We had a witness yesterday, Nick Ru- want to tell my colleague and friend on more discerning. We need to focus dolph of Maryland Capital Enterprises, the Finance Committee that it has those funds on those small businesses who testified and said: that really need it, those in the under- been a pleasure to team up with him to The EIDL loan is a particularly impactful try to deal with these challenges in served communities—the smaller of product . . . because of its low interest, long the small businesses. We heard that terms, eased credit requirements and the terms of getting the help out to small yesterday during our oversight hear- fact that collateral is not required. In a per- business people. We know that it has ings. Those businesses have had a dra- fect world, all approved applicants would re- been needlessly challenging, looking matic loss of revenue. If we do that, ceive the full grant portion regardless of back at the experience. I am just glad the resources are there; we can help number of employees. my colleague is going to prosecute the those small businesses survive, and we What Mr. Rudolph is saying is they case until there is justice for these can do it in a way that will keep our limited the grant to $1,000 per worker, small businesses. economy going. and, therefore, if you had 10 or fewer NOMINATION OF MICHAEL PACK We need to do that immediately. We workers, the most vulnerable of small Madam President, the Senate nears a shouldn’t wait 2 more weeks after the businesses, you were not able to take vote on the nomination of Michael

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.030 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2714 CONGRESSIONAL RECORD — SENATE June 4, 2020 Pack to head up the U.S. Agency for other 2009 nomination, Ron Kirk, to be The legislative clerk proceeded to Global Media. This typically is a job the U.S. Trade Representative, was call the roll. that doesn’t get a whole lot of atten- held up for months over a tax matter Mr. GARDNER. I ask unanimous con- tion here on the Senate floor, but this involving some basketball tickets and sent that the order for the quorum call time, I believe it should. a television he donated to his local be rescinded. This is yet another Trump nominee YMCA. In 2010, another nominee was The PRESIDING OFFICER. Without who appears to be covering up a whole grilled in his hearing before the Fi- objection, it is so ordered. array of sketchy financial wheeling nance Committee over a tax debt of The PRESIDING OFFICER. The Sen- and self-dealing, and apparently my $800. ator from Idaho. colleagues on the other side of the aisle Senators on both sides of the aisle— Mr. RISCH. Mr. President, I would are just looking the other way, not in- both sides of the aisle—always tried to like 3 minutes to close the debate on terested. do a thorough vetting and tried to Michael Pack. So here is the short version of the work on it together. In all three of The PRESIDING OFFICER. Is there story. For more than a decade, Mr. these cases, which I remember as a objection? Pack ran two entities—a nonprofit film member of the Finance Committee, the Without objection, it is so ordered. nominees answered the Senate’s ques- organization and a for-profit produc- NOMINATION OF MICHAEL PACK tions, paid what they owed, and that tion company. His nonprofit raised mil- Mr. RISCH. Mr. President and fellow was that. The Senate did its job, and it lions of dollars under its tax-exempt Senators, we are about to do the final was the right thing to do. status, and it pumped that money into vote on Michael Pack. This man is his for-profit production company, no- I think as we move to the vote here in the Senate, we ought to start talk- uniquely qualified to hold this posi- where else. At a minimum, this looks tion. He has done an outstanding job. to me like a serious, flagrant abuse of ing about one question, and that is this: What has changed in the Senate Everyone should look at the most re- a taxpayer subsidy. Mr. Pack made cent documentary he did on the Su- false statements about this arrange- about the vetting process of these nominees? What happened to the old preme Court. It was just outstanding. ment to the IRS. So as the ranking There has been a political fight over Democrat on the Finance Committee, I bipartisan commitment to advise and consent, to fully vet nominees? The him for 2 years and 1 day. Today is the care greatly about that matter if one moment of truth. It is time to vote on were to look at nothing else. majority has just rubberstamped and rubberstamped and rubberstamped Mr. Pack. Debate is closed. When he was first nominated in the I yield the floor. previous Congress, Mr. Pack got some more. Trump nominees show a VOTE ON PACK NOMINATION caught in these false statements by blatant disregard and disdain for the staff on the Foreign Relations Com- oversight process that historically has The PRESIDING OFFICER. Under mittee. When he was renominated in been central to the bipartisan work of the previous order, all postcloture time this Congress and submitted new pa- this body. has expired. Now the President might be totally perwork, he made false statements The question is, Will the Senate ad- indifferent to the role and duties of the about having made false statements. vise and consent to the Pack nomina- Senate, but I don’t see any reason why Truly astounding. tion? Now there are a host of unanswered Senators here, Democrats or Repub- Mr. RISCH. Mr. President, I ask for questions about Mr. Pack’s murky fi- licans, have to agree with that. It un- the yeas and nays. dermines the role of this Senate and nancial dealings. Fortunately, Ranking The PRESIDING OFFICER. Is there a the Congress as a coequal branch of Member MENENDEZ is still trying to get sufficient second? government. The precedent of a bipar- to the bottom of this. Now, Ranking There appears to be a sufficient sec- tisan vetting process simply cannot Member MENENDEZ is doing his job by ond. withstand it. The clerk will call the roll. the book. He is doing his job. He has It has been said here before that the been in communication with the ad- The legislative clerk called the roll. Federal Government doesn’t need any- Mr. THUNE. The following Senator is ministration when it comes to the vet- body so badly that the person should ting process for the nominees and, necessarily absent: the Senator from get a special set of rules. That, regret- North Carolina (Mr. BURR). every step along the way, has tried to tably, is the way it seems to be for this do responsible vetting. Mr. DURBIN. I announce that the nominee—a nominee whose finances Senator from Minnesota (Ms. KLO- Furthermore, the financial web of are currently under investigation and, Mr. Pack is under investigation by the BUCHAR), the Senator from Massachu- apparently, with the majority’s sup- setts (Mr. MARKEY), the Senator from Attorney General of the District of Co- port, is going to get confirmed because lumbia. Why not wait to get the results Vermont (Mr. SANDERS), the Senator the majority has decided to essentially from Hawaii (Mr. SCHATZ), the Senator of that investigation? Why rush to con- set aside years and years of bipartisan firm a nominee before all the facts are from Arizona (Ms. SINEMA), the Sen- work, responsible work, to thoroughly ator from Minnesota (Ms. SMITH), the before the Senate? This is a question investigate and vet those who are nom- over whether a nominee broke the law Senator from Montana (Mr. TESTER), inated to serve in our government. and the Senator from Massachusetts and ripped off taxpayers. I am going to oppose this nomina- (Ms. WARREN) are necessarily absent. When Democrats on the Senate com- tion, and I hope my colleagues will The PRESIDING OFFICER. Are there mittee of jurisdiction tried to inves- think about what is really at issue any other Senators in the Chamber de- tigate it, Mr. Pack told everybody to here, because what goes around comes siring to vote or change their vote? just go pound sand. So once again, we around. Is the Senate going to get seri- The result was announced—yeas 53, have a Trump nominee making a ous about the way matters used to be nays 38, as follows: mockery of the Senate constitutional handled, particularly on the Senate Fi- responsibility, and as far as I can tell, nance Committee, since we have a [Rollcall Vote No. 113 Ex.] the Senate is just going to do nothing member of our committee in the Pre- YEAS—53 about it. siding Officer’s chair? The Senate Fi- Alexander Daines Lee (Mr. YOUNG assumed the Chair.) nance Committee did it right, did it Barrasso Enzi Loeffler For my last few minutes, I just want Blackburn Ernst Manchin right for years, by the books, in a bi- Blunt Fischer McConnell to remind colleagues of the way things partisan fashion. That is not being Boozman Gardner McSally used to be. The way it used to be is used here; in fact, it is being tossed out Braun Graham Moran both sides of the Senate took advice the window. I think the Senate is going Capito Grassley Murkowski and consent seriously. For example, in Cassidy Hawley Paul to regret it. I urge my colleagues to op- Collins Hoeven Perdue 2009, Chairman Baucus and Ranking pose the nominee. Cornyn Hyde-Smith Portman Member GRASSLEY held up one nominee I yield the floor. Cotton Inhofe Risch and wrote an exhaustive 12-page memo I suggest the absence of a quorum. Cramer Johnson Roberts Crapo Kennedy Romney over a matter of $53 in local tax late The PRESIDING OFFICER. The Cruz Lankford Rounds fees and some sloppy paperwork. An- clerk will call the roll.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.027 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2715 Rubio Shelby Toomey children. In the tragedy of lynching, today—of the Emmett Till Sasse Sullivan Wicker the author writes that one woman even Antilynching Act, as amended. Lynch- Scott (FL) Thune Young Scott (SC) Tillis held her little girl up so high so she ing is a particularly vicious kind of could better see the victim who was murder, and a Federal law should treat NAYS—38 ‘‘blazing on the roof.’’ it as such. For these reasons, the Em- Baldwin Feinstein Murray Sickening and grotesque, these im- mett Till Antilynching Act should be Bennet Gillibrand Peters Blumenthal Harris Reed ages. adopted with my amendment, which Booker Hassan Rosen In the summer of 1955, 14-year-old would apply the criminal penalties for Brown Heinrich Schumer Emmett Till was visiting family in lynching only and not for other crimes. Cantwell Hirono Shaheen Money, MS, when he went to a country Mr. President, I ask unanimous con- Cardin Jones Stabenow store and bought some candy. While in Carper Kaine Udall sent that the Senate proceed to the im- Casey King there, he was accused of flirting with a Van Hollen mediate consideration of H.R. 35, which Coons Leahy Warner White woman, and for that offense, was received by the House. I ask unani- Cortez Masto Menendez Whitehouse Emmett Till was kidnapped in the mid- Duckworth Merkley mous consent that my amendment at Durbin Murphy Wyden dle of the night and bludgeoned so the desk be agreed to, that the bill, as badly that, afterward, his body was un- NOT VOTING—9 amended, be considered read a third recognizable. He could only be identi- time and passed, and that the motion Burr Sanders Smith fied by the ring he was wearing. After Klobuchar Schatz Tester to reconsider be considered made and Markey Sinema Warren seeing her son’s remains, his mother laid upon the table. insisted on having an open casket fu- The PRESIDING OFFICER. Is there The nomination was confirmed. neral so the whole world could see The PRESIDING OFFICER. Under objection? what the killers had done to her son. The Senator from California. the previous order, the motion to re- We must remember the murders of consider is considered made and laid Ms. HARRIS. Mr. President, in re- Emmett Till, Raymond Gunn, Sam serving the right to object, the idea upon the table, and the President will Hose, and the thousands of others be immediately notified of the Senate’s that we would not be taking the issue whose lives were destroyed by the bar- of lynching seriously is an insult, an actions. barity of the lynch mob, but this bill The Senator from Kentucky. insult to Senator BOOKER, to Senator will not do that. This bill would expand TIM SCOTT, to me, and to all of the Sen- f the meaning of ‘‘lynching’’ to include ators, past and present, who have un- any bodily injury, including a cut, an LEGISLATIVE SESSION derstood that this is part of the great abrasion, or a bruise, physical pain, ill- stain of America’s history. ness, or any other injury to the body, To suggest that anything short of no matter how temporary. MORNING BUSINESS pulverizing someone so much that the Words have meaning. It would be a casket would otherwise be closed ex- Mr. PAUL. Mr. President, I ask unan- disgrace for the Congress of the United cept for the heroism and courage of imous consent that the Senate proceed States to declare that a bruise is Emmett Till’s mother, to suggest that to legislative session and be in a period lynching, that an abrasion is lynching, lynching would only be a lynching if of morning business, with Senators that any injury to the body, no matter someone’s heart were pulled out and how temporary, is on par with the permitted to speak therein for up to 10 produced and displayed to someone else atrocities done to people like Emmett minutes each. is ridiculous—and on this day, the day Till, Raymond Gunn, and Sam Hose, The PRESIDING OFFICER. Is there of George Floyd’s funeral and a day who were killed for no reason but be- objection? that should be a day of national cause they were Black. To do that Without objection, it is so ordered. mourning. would demean their memories and f In 2018, the Senate unanimously cheapen the historic and horrific leg- passed bipartisan antilynching legisla- UNANIMOUS CONSENT REQUEST— acy of lynching in our country. tion, which I proudly introduced with H.R. 35 As Congressman AMASH stated, ‘‘To be clear, the bill does not make lynch- the only other Black Members of this Mr. PAUL. Mr. President, I ask unan- ing a new Federal hate crime. Mur- body—Senator CORY BOOKER and Sen- imous consent for the expedited pas- dering someone on account of their ator TIM SCOTT. It was a historic mo- sage of H.R. 35, the Emmett Till race or conspiring to do so is now ille- ment. It marked the first time in the Antilynching Act, as amended. I seek gal under Federal law. It is already a history of our country that Federal to amend this legislation not because I Federal crime, and it is already a hate antilynching legislation had been take lynching lightly but because I crime.’’ passed by the U.S. Senate. It passed take it seriously, and this legislation He is right. We have had Federal hate again by unanimous consent in 2019. does not. crime statutes for over 50 years, and it Senator PAUL is now trying to weak- Lynching is a tool of terror that has been a Federal hate crime to mur- en a bill that was already passed. There claimed the lives of nearly 5,000 Ameri- der someone because of his race for is no reason for this. Senator PAUL’s cans between 1881 and 1968, but this bill over a decade. Additionally, murder is amendment would place a greater bur- would cheapen the meaning of lynching already a crime in 50 States. In fact, den on victims of lynching than is cur- by defining it so broadly as to include rather than considering a good-inten- rently required under Federal hate a minor bruise or abrasion. Our Na- tioned but symbolic bill, the Senate crimes laws. There is no reason for tion’s history of racial terrorism de- could immediately consider addressing this. There is no reason other than its mands more seriousness from us than qualified immunity and ending police being cruel and deliberate obstruction that. militarization. on a day of mourning. W.E.B. Du Bois wrote in his auto- We can and must do better. That is On this very day, at this very hour, biography about the 1899 lynching of why no one in the Senate has been there is a memorial service to honor Sam Hose in Georgia. Du Bois wrote more involved in criminal justice re- the life of George Floyd, who was mur- that, after the lynching, Hose’s knuck- form than I have. No one has intro- dered on a sidewalk by a police officer, les were viewed on display at a store on duced more criminal justice reform with a knee on his neck. For 8 minutes Mitchell Street in Atlanta. His liver bills. In my time in the Senate, I have 46 seconds, George Floyd pled for his and heart were even presented to the authored or cosponsored at least 22 life, called for his late mother, and said Governor of Georgia as a souvenir. unique criminal justice reform bills. I he could not breathe. The pain experi- Sickening, grotesque—the images of am acutely aware of the injustices per- enced not only by that man, that lynching. petrated year in and year out in our human being and his family and his In 1931, Raymond Gunn was lynched cities, but reform needs to be more children, but the pain of the people of in Maryville, MO. The spectacle drew a than window dressing. America witnessing what we have wit- crowd of almost 4,000 people, including, That is why I am on the floor today nessed since the founding of this coun- if you can believe it, women and their to offer the expedited passage—pass it try, which is that the Black lives have

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.005 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2716 CONGRESSIONAL RECORD — SENATE June 4, 2020 not been taken seriously as being fully Mr. BOOKER. Reserving the right to talk openly about the ProPublica data human and deserving of dignity—and it object. about a Black man in America being should not require a maiming or tor- The PRESIDING OFFICER. The Sen- about 100 times more likely to be shot ture in order for us to recognize a ator from New Jersey. by the police than someone who is lynching when we see it and recognize Mr. BOOKER. Mr. President, I want White. it by Federal law and call it what it is, to thank Senator HARRIS for her words, He has said—and he is shaking his which is that it is a crime that should and I want to thank her as the lead head, if I may recognize. He said that be punishable with accountability and Senator on this bill. I want to thank there must be something more going consequence. her for her partnership and leadership. on there if it is that much. So I do not So it is remarkable and it is painful I also want to thank Senator TIM question—I do not question the sin- to be standing here right now, espe- SCOTT of South Carolina, who has cerity of his convictions. I have had cially when people of all races are shown extraordinary commitment to too many conversations with him to marching in the streets of America, this legislation as well. On the House question his heart, but I am so raw outraged by the hate and the violence side, I want to thank BOBBY RUSH, today, of all days, that we are doing and the murder that has been fueled by former Black Panther. I want to thank this—of all days, that we are doing this racism during the span of this coun- him for his leadership and generational right now, having this discussion when, try’s life. America is raw right now. commitment to racial justice in Amer- God, if this bill passed today, what Her wound exposed. Raw from the fact ica. that would mean for America; that this that in the history of our country, I also want to recognize the tireless body and that body have now finally Black people have been treated as less advocacy of Airickca Gordon-Taylor, agreed because I know when Congress- than human. who is the actual relative of Emmett man White, the last Black person to I stood here with Senator BOOKER Till and founder of the Mamie Till serve in Congress before the God-awful when we first proposed this lynching Mobley Memorial Foundation. She was fall of the backlash after Reconstruc- law, and we talked about the pain and here the last time this bill was before tion fell. He gave this famous speech. the history of the pain of this issue in this body. She is dead now. I know she We were talking about the Phoenix will America. The fact is that the country is looking down and hoping that we rise; that one day Black people will is raw because America has never fully don’t disappoint her. serve in this body. And here we are in addressed the historic and systemic In February of 2019, this body did the Senate for the first time in history, racism that has existed in our country. something historic—and I don’t mean when three African Americans serve Our bill, in its current form, is an op- to be emotional. I am raw this week. together, Republican and Democratic, portunity—it is an opportunity for this But I stood here with KAMALA and we and we all came together on KAMALA’s body to acknowledge the seriousness of wept. We talked about the hundreds of bill. this, to acknowledge that if someone years—over a century, excuse me, of ef- There is something about us that we places a noose over someone else’s fort to pass legislation which was knew it was something more than the neck, why would it be required that in brought up and defeated time and legalistic issues my colleague now addition their heart would be pulled again by this body by avowed seg- wants to bring up; that we are a nation out or their body pulverized to the regationists. How proud I was that at a that needs this historic healing. If we point beyond recognition? time when partisanship is high in this Our bill is an opportunity to right a passed this, it would not only do some- country we gathered together in one wrong and an opportunity for a reck- thing substantive to make a difference voice, 100 Senators, to pass this exact oning in Federal law. We cannot pre- on the books of the American system, same bill, because there are good peo- tend that lynchings are a thing of the but, God, it would speak volumes to ple in this body on both sides, and we past. Ahmaud Arbery was a victim of a the racial pain and the hurt of genera- were correcting a wrong of history. modern-day lynching. He was murdered tions. Nobody in this body needs a lecture I do not need my colleague, the Sen- on February 23, 2020, 3 months ago. on lynching and how horrible it is. Ev- Today, we learned that one of the men ator from Kentucky, to tell me about erybody in this body abhors racism and who killed Mr. Arbery used a racial one lynching in this country. I have believes that this violence is unjust. slur after shooting him. He should be stood in the museum in Montgomery, There are friends of mine here. Unani- alive today, and his killers should be AL, and watched African-American mously, we passed that legislation. We brought to justice. No longer should families weeping at the stories of preg- made history on this floor. the crime of lynching go unpunished. nant women lynched in this country This is why I am confused because No longer should victims and their and their babies ripped out of them this bill has been passed unanimously, families go without justice. while this body did nothing. I can hear In closing, Ida B. Wells once said: and here we are on a day of a memorial the screams, as this body’s membership service for another person whose mur- Our country’s national crime is lynching. can, of the unanswered cries for justice It is not the creature of an hour, the sudden der was condemned by people on both by our ancestors. Every one of us is outburst of uncontrolled fury, or the un- sides of the aisle. I have sat where the sensitive to that anguish. Everyone is speakable brutality of an insane mob. It rep- Presiding Officer is sitting, and I have sensitive to that pain, as is the Senator resents the cool, calculating deliberation of watched the differences between the from Kentucky. intelligent people who openly avow that Republican leader and the Democratic This week, the Senator from Ken- there is an ‘‘unwritten law’’ that justifies leader. I don’t go back that long in this tucky mentioned a colleague, JUSTIN them in putting human beings to death with- body, but I have watched Harry Reid AMASH. I want to tell my colleagues on out complaint under oath, without trial by jury, without opportunity to make defense, and MITCH MCCONNELL and CHUCK both sides of the aisle, he was only one and without right of appeal. SCHUMER disagree so deeply time and of four Congressmen of a 435–Member Our country has waited too long for a again, but, God, we came together and body to vote against the anti-lynching reckoning on this issue of lynching, passed the bill unanimously. MITCH bill. That means that this bill was sup- and I believe no Senator should stop MCCONNELL let the bill come to this ported by the leader of the Democrats, the full weight of the law in its capac- floor, didn’t try to block it. the Speaker of House. It was supported ity to protect these human beings and My colleague RAND PAUL was one of by the leader of the Republicans, the human life. the first hands I shook on this Senate whip of the Republicans, the whip of Senator BOOKER and I are working on floor. He is my friend, and everything the Democrats—400-plus votes sup- a comprehensive bill to address this he said about his commitment to ported this. Yet my colleague thinks hurt and the tragedy at the heart of criminal justice reform is right. One of this bill is wrong. this national day of mourning, and I the first bills I wrote here I wrote with If this bill is wrong, then the Repub- object to Senator PAUL’s efforts to RAND PAUL, and then he went further lican leadership of the House is wrong. weaken this legislation. at another time like this when Amer- If this bill is wrong, then the Demo- I yield the floor. ica was raw, when another unarmed cratic leadership of the House is wrong. The PRESIDING OFFICER. Is there Black man was shot. He went as far as If this bill is wrong, 99 Senators are objection to Senator PAUL’s request? to, in Time magazine, stand up and wrong. If this bill is wrong, then the

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.033 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2717 NAACP is wrong. If this bill is wrong, form. We set up a system and didn’t even read the accounts about what then the Lawyers’ Committee for Civil pay attention to the penalties, and all happened. Rights Under Law is wrong. If this bill of a sudden things we didn’t intend But we also ought to be fair and hon- is wrong, then the Urban League of happened. So we have to be smart est about this. Lynching is illegal. Peo- America is wrong, legal organizations, about this. ple who say there is no Federal law civil rights organizations, Democrats I am willing to pass the bill today, as against lynching are not telling the and Republicans. Tell me another time amended, which would simply say not truth. The law says that if you kill when 500-plus Congresspeople, Demo- that you even have to harm someone— somebody and you have racial animus, crats, Republicans, House Members, you have to attempt to harm them, but under the hate crimes statute, it is il- and Senators came together in a cho- it has to be an attempt to harm them. legal. You can’t do that. It is also ille- rus of conviction and said that now is So all the discussion about bruising gal in all the States. This bill does not the time in America that we condemn while trying to lynch someone—yes, make lynching illegal. So for all the the dark history of our past and actu- that is attempted murder. It would be discussion of that, this bill creates a ally pass anti-lynchings legislation. covered by this bill. Nothing in the bill new crime called conspiracy to lynch. And now one man—and I do not ques- would stop or prevent the prosecution Oh, yes, I am for it. If there is a crowd, tion his motives because I know his of heinous behavior. That is what it is let’s arrest the whole mob. All four po- heart—one man—one man is standing intended for. licemen should be responsible for what in the way of the law of the land What I am trying to do is to make happened to Mr. Floyd. changing because of a difference of in- sure we don’t get unintended con- The thing is, when we do that, we terpretation. sequences. We fought the battle have to be careful that we don’t then This doesn’t talk about bruising against mandatory minimums for a put a crowd of people in where someone someone. It is a difference of interpre- decade now because we tie up people in pushed into someone or someone tation. sentencing that makes no sense. Ten slapped someone. Does America need a win today on years for slapping someone would be an There has to be justice. People are racial justice? Do the anguished cries abomination, and it could happen to chanting ‘‘justice.’’ Justice has to have of people in the streets? anyone. Do we want a Black woman a brain and has to have vision and I have had children break down with who slapped three Jewish women in can’t be hamstrung into something me this week wondering if this would New Jersey to get 10 years in prison? If that could give someone 10 years in be a country that values their lives as there is a group of them, it is now a prison for a minor crime. much as White people’s lives. I had to conspiracy to lynch. This is a very minor attempt. Every- explain to grown men this week that We have to use some common sense thing we left in here we have worked there is still hope in America; that we here. We should not have a 10-year pris- with Senator BOOKER’s office to make could make change in America; that we on sentence for anything less than, at sure it is inclusive. They came back could grow and heal in America; that the very least, an attempt to do bodily and said: What about attempted? We we could make this a more perfect harm. The statute lists what bodily said: Let’s change the language. So we Union. harm is, but it could still be an at- have in there ‘‘attempt to cause seri- Well, today is a day we can do it—to tempt. It doesn’t mean you actually ous bodily harm.’’ have one Member to yield for once, like have to have it, but what it would pre- So there could be no injury, but he did in February of 2019, yield for 1 clude is when somebody shoves some- someone will have to have a discussion day and give America this win. Let us body in a bar and they fall down and of whether there was an attempt and it pass this piece of legislation today of have an abrasion and they say: ‘‘He did was an attempt that looked like it all days. Let’s give a headline tomor- it because of a racial animus toward would be serious. So I think slapping row of something that will give hope to me,’’ and then you have a 10-year pen- someone isn’t, but under the current this country that we can get it right. It alty. That is not right. statute as is—people say: Ah, nobody may not cure the ills that so many are All of us are advocates on the same will ever do it. Maybe, but we are put- protesting about, but, God, it could be side of criminal justice reform. We ting it on the books. a sign of hope. have all argued on the same side that The mandatory minimums have kept So, Mr. President, I object to this the law is screwed up and has incarcer- people in jail for decades. There are amendment. I object. I object. I object ated too many people unfairly. That is people who have life for nonviolent on substance. I object on the law. For what I am trying to prevent here. So crimes. All of us have worked on the my heart and spirit and every fiber of the point is, I understand the emotions same side of that issue. my being, I object for my ancestors. about this. Do you think I take great I am asking for a very minor change. The PRESIDING OFFICER. Objec- joy in being here? No. I am the sponsor I will pass it right now. I am com- tion is heard. of 22 criminal justice bills. Do you pletely out of the way. I am for the The Senator for Kentucky. think I am getting any good publicity bill. I am asking unanimous consent to Mr. PAUL. I think it is important to on this? No. I will be excoriated by pass the bill today with one amend- know and let the record show that I simpleminded people on the internet ment that just says let’s be careful not have been working with Senator BOOK- who think I don’t like Emmett Till or to arrest people for slapping someone ER’s office for 3 months on the amend- appreciate the history and the memory or not arrest somebody for pushing ment of this bill; that I am willing to of Emmett Till. I will be lectured to by into someone and get them 10 years in have unanimous passage of the bill everybody that I have got no right to prison. today, but I think it is incredibly im- have an opinion on any of these things, This isn’t about someone trying to portant that we get this right. and I should be quiet. kill another person or someone at- A Black woman in New Jersey as- But we cannot just not read our bills. tempting bodily harm. Those people saulted three Jewish women and I have worked in an honest way with would be included in this language slapped them. It was terrible. She ut- Senator BOOKER’s office for 3 months even if they did not have a mark on the tered racial epithets about these Jew- on this bill. We have gone back and person. But if they were rounding him ish women. She was charged with forth. We gave them some language. up, tying him up, and they had thrown third-degree misdemeanor assault with They came back to us and said it a rope over a tree, that is attempted up to 1 year in prison, which to me wouldn’t work, and I said: What about murder. They would still be included sounds pretty significant for slapping, this, and we haven’t gotten any more under this bill, even without a mark on but she was then charged with a hate responses. We haven’t gotten responses them. crime in addition to that, which was 4 back in a month or more. What we have to preclude and what years in addition. The situation now is they are liti- we are trying to preclude is that the If slapping someone and hurling ra- gating in the press and trying to ac- bill doesn’t get used for the wrong pur- cial epithets gets you 10 years in pris- cuse me of being in favor of something poses. We are all on the same side on, this is exactly what we have been so heinous that it makes my skin crawl about whom we want to punish and fighting about in criminal justice re- and makes me sick to my stomach to whom we should prevent. We are also

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.034 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2718 CONGRESSIONAL RECORD — SENATE June 4, 2020 on the same side on the symbolism of As we all know, one of the great lead- certain rights. And when those rights this, but we can’t pass laws that do ex- ers that Republicans and Democrats all are denied, when they are violated, it is actly what all of us have said is wrong hail asked that question—How long our responsibility to address the injus- with our penal system, all of the unin- will it take?—and the simple answer is tice. It is not our responsibility as tended consequences. There is one here, not long because the truth crushed to elected Members of the U.S. Senate; it and I ask, in a very polite way—I have earth will rise again; not long because is our responsibility as fellow humans, been asking for 3 months—for one you reap what you sow; not long be- as Americans who believe in these prin- small change, and I will let the bill go cause the arc of the moral universe is ciples of justice and equality. today, on this day, if we can have it. long but it bends toward justice. President Bush had some words this The changes have been out there. We will pass this legislation. I pray week that I found very direct, very They are not brand-new. They have that the Members of this body, as we comforting at a difficult time when it been in Senator BOOKER’s office for 3 are right now, are the ones to do it. is hard to be comforted, when our spir- months. We have tried to, as he has I object. its are so discomforted and agitated had objections, work with him on his The PRESIDING OFFICER. Objec- right now. But he reminded us that objections. tion is heard. achieving justice for all is the duty of So I would ask unanimous consent, The Senator from Alaska. all. It is the duty of all. once again, to pass the bill, as amend- Ms. MURKOWSKI. Mr. President, be- And we are hurting now as a nation. ed. fore my colleagues exit the Chamber, I We have wounds from racism that have The PRESIDING OFFICER. Is there want to acknowledge their words. I never been allowed to heal—and those objection? want to say thank you. The passion, words were just shared here on this Mr. BOOKER. Reserving the right to the emotion, the true rawness in your floor moments ago—wounds that have object. words are words that I think all of us, The PRESIDING OFFICER. The Sen- never been allowed to heal, wounds as Members of the Senate, should hear, ator from New Jersey. that are still so open and raw. And Mr. BOOKER. Mr. President, this is a reflect, and respect. I just want you to healing can’t take place until the hurt bill that has already passed this body. know I am thankful I was on the floor and the anger and the anguish that so Same bill, same language. There was to personally hear. Because we can many in this country still feel, so no objection. Only four Members of the read words, but it is when we have the many African Americans, so many—so House of Representatives objected. ability to hear and to feel those words many who feel that the system is Same bill, same language. that their true meaning comes out, so meant for somebody but not them; that I have heard this objection. We dis- I appreciate and I thank you for that. there is not equal justice under the agree with this. The truth is, what is f law; that it must be the law for some- body else. being proposed is not just opposed by PROTESTS me, but our Republican colleagues who This has been hard—hard on all of us, are sponsoring this bill, in this body, Ms. MURKOWSKI. Mr. President, I as we have seen the protests, many of oppose these corrections as well. had asked to come and speak on the them peaceful. In my home State, In addition to that, changes to this floor of the Senate on this day, June 4. Alaskans are coming together with a bill now would send it back to the I have been actually looking forward to shared sense of duty and responsibility House of Representatives. This is a tac- it and planning speaking time for to speak up about things that matter tic that will send this bill back over to months now. and doing so in a way that brings us to- the House, where again it would have June 4 is a significant day in the gether rather than divides. to be voted on. fight for women’s suffrage. It was on We must condemn the violence we This idea that somehow someone June 4 of 1919 that Congress approved see on the street with the looting, but would be brought up on lynching the amendment and sent it to the stopping the looting is not going to charges for a slapping is absurd, espe- States for ratification, and then it was close this wound. We heal when we ac- cially as you see, with hate crime legis- in 1920 that the 19th Amendment was knowledge our weaknesses, when we lation, how difficult that is even to ratified by the States. acknowledge our failures, and when we prove. So this was to be a time of celebra- vow to address the things that matter, So I am deeply disappointed by the tion, of recognition, of women’s suf- like equality and justice. objections we have heard that were not frage, this centennial event. What we say and how we say it truly made manifest last year, in 2019, but Since that time that I first looked to matters. I have been challenged by somehow seem to be stopping it in 2020. schedule this, my, how the world has some. I have been chastised by some So I object, with this prediction: We, as changed. We have been in the midst of very close friends who have said: You a body, will correct historic ills and a pandemic—over 100,000 American are silent, Lisa. Why are you silent? pass lynching legislation through this lives lost to the COVID–19 virus. We Why haven’t you—you—fixed what we body, through the House of Representa- are in the midst of an economic crisis are seeing? tives. One day in this Nation, this leg- the likes of which we haven’t seen in And I have struggled. I have strug- islation will pass. decades and decades. gled with the right words. As a White Perhaps it will have to wait until I And, just a week ago now, we wit- woman born and raised in Alaska with am not here, until Senator PAUL is not nessed the killing of George Floyd on a family who was privileged, I can’t here, unless he decides to go back to our streets, in broad daylight. And feel that openness and rawness that I the 2019 Senator PAUL. today, June 4, is not only a recognition just heard expressed by my friends The question is, What side of history of women’s suffrage, but it is the fu- CORY and KAMALA. I haven’t lived their will we ultimately be on? I pray that it neral of George Floyd. life. happens in this Congress. I pray that So before I speak to the matter I in- But I can listen, and I can educate the President signs legislation against tended to speak on today, I want to myself. And I can try to be a healer at lynching. How historic that would be. just briefly comment on where I be- a time when we need to be healed. That But today it is not going to happen, ob- lieve we are as a nation right now. is my commitment and my pledge viously. I was walking into work this morn- going forward to those I serve in Alas- I am telling you right now, this cele- ing, and in my neighbor’s yard is a ka and to those I serve in this country. bration will come. This moment in placard, a yard sign. It has been there This is challenging for us. We know American history will come. The frus- for some years, actually, now. It is a this, but we are an extraordinary coun- trating thing for me is, at a time when partial quote of Martin Luther King try. We are an extraordinary people this country hungers for common that states: ‘‘We can’t be silent about with extraordinary resilience. sense, racial reconciliation, an ac- the things that matter.’’ f knowledgement of our past and a look- You think about those things that ing forward to the better future, this matter: equality, justice, the funda- WOMEN’S SUFFRAGE will be one of the sad days where that mental truth that all human beings are Ms. MURKOWSKI. Mr. President, let possibility was halted. created equal and endowed by God with me turn to the fight—the century fight

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.036 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2719 for women’s suffrage, the right to vote, extraordinary Alaskan women, indus- With this, I yield the floor. the right to be treated equally, the try leaders leading our Alaska Native Mr. CARDIN. Mr. President, in this right to be heard. It is a history that is corporations, leading our oil compa- time of renewed interest for fairness long and interesting, sometimes very nies. We are leaders in education and and equality for all men and women colorful. advocates for children and seniors and and nationwide and worldwide protests, I have had an opportunity these past victims of domestic violence. They I urge my colleagues to think about couple of weeks to be reading a collec- truly have helped not only our State what we can do to create a more just tion of stories about how women in the but our country. society. Indeed, one of the founding West worked to really be the van- The 100th Anniversary of Women’s documents of our country, the Declara- guards, if you will, on the suffrage Suffrage is a reminder of the progress tion of Independence, provides that movement. You don’t necessarily hear that we have made as a nation. But we ‘‘all men are created equal,’’ in the fa- them spoken to with great frequency, know that we have more to do and that mous words of Thomas Jefferson. but, in fairness, it is many of those inequities remain whether in the work- But let me remind my colleagues Western States—it was Wyoming that force or pay equality. Continuing that about our history here as the Conti- was the first mover. work is a matter that we have not re- nental Congress met to debate inde- So reading some of their stories was laxed on. That work includes getting pendence of the United States from a good reminder—a good reminder—of the Equal Rights Amendment signed Great Britain. In a letter dated March the role that many in Alaska have also into law. 31, 1776, Abigail Adams wrote to her played. We have been relatively pro- The Equal Rights Amendment was husband, the future President John gressive when it comes to women’s first written and introduced by Alice Adams, urging him and the other Mem- rights—so progressive that many Alas- Paul at a conference commemorating bers of the Continental Congress not to kan women received equal voting the 75th anniversary of the Seneca forget about the Nation’s women when rights with men in 1913. This was 7 Falls Convention in 1923. But it wasn’t fighting for America’s freedom. years before the 19th Amendment was until 1972 that the ERA passed through The future First Lady wrote in part, ratified. Alaska was still a territory Congress and was sent to the States ‘‘I long to hear that you have declared and was still going to be a territory for with a 7-year deadline for ratification an independency. And, by the way, in the new code of laws which I suppose it a long time going forward. that was eventually extended until The sorry and the sad part of that 1982. will be necessary for you to make, I de- history, though, was that not all Alas- It is a pretty simple amendment. It is sire you would remember the ladies kan women were given that right to pretty short. ‘‘Equality of rights under and be more generous and favorable to vote. Alaskan Native women were ex- the law shall not be denied or abridged them than our ancestors. Do not put such unlimited power into the hands of cluded. They were excluded based on by the United States or by any state on the husbands. Remember, all men citizenship and civility assessment as account of sex.’’ That is the Equal would be tyrants if they could. If par- well as literacy tests that prevented Rights Amendment, in addition to the ticular care and attention is not paid Alaska Natives—not just the women implementing provisions following to the ladies, we are determined to fo- but some Native men—from voting for that. But that is the context. ment a rebellion, and will not hold our- several more decades. In Alaska, I am proud to say that we selves bound by any laws in which we We recognize through a State day of were one of the early adopters, having ratified the Equal Rights Amendment have no voice or representation.’’ observation and recognition the work Well, women of the United States on April 5, 1972. More recently, Vir- of Elizabeth Peratrovich, an Alaska would indeed have to wait a long time ginia became the 38th State to have Native woman from Southeastern Alas- just to get the right to vote in Amer- ratified the amendment, which brings ka, who was the driving force behind ica. Indeed, even after the Civil War, our first antidiscrimination law. This us to the three-fourths threshold need- which almost tore this country apart was back in 1945, nearly 20 years before ed for ratification. Unfortunately, this over slavery, the Fifteenth Amendment Congress passed the Civil Rights Act. milestone was reached after the dead- ratified by Congress and the States in This year, on the 75th anniversary of line for ratification. It had already ex- 1870 provided that ‘‘the right of citizens the bill’s passage, the U.S. Mint has ac- pired, so Senator CARDIN and I have in- of the United States to vote shall not tually created a gold coin in her honor. troduced a resolution, S.J. Res. 6, be denied or abridged by the United As you look at that coin and reflect on which would remove the time limit States or by any State on account of her role, on the significance of that from the joint resolution that passed race, color, or previous condition of proud, strong, fierce Native woman the Congress in 1972. servitude.’’ Women had tried again to leader, you can’t help but be proud of I have asserted time and again—and include the right to vote in the Con- her. Senator CARDIN, so many—we have said stitution but were rebuffed. The fight for women’s suffrage was that you cannot put a time limit on But the women of this country did waged, as we know, for decades and women’s equality. It has been 100 years not give up. So they kept agitating and decades. But again, the women in the since women were granted the equal lobbying for the right to vote, and they West led the way. right of voting. Women’s equality is were ultimately successful, when Con- As I was reading the recount of the fundamental to the American way of gress and the States ratified the 19th Alaska suffrage initiative, it was re- life, and it is far past time to be ex- Amendment in 1920, which states: ‘‘The flected that the women in Alaska pressly recognized in the Constitution. right of citizens of the United States to didn’t really have to work that hard to I thank Senator CARDIN for his lead- vote shall not be denied or abridged by get it; that it was just ‘‘provided’’ to ership in working on this resolution the United States or by any State on them. I think there is more to that his- with me and all the Members of Con- account of sex. Congress shall have tory than that, but a newspaper publi- gress who fought with us in support of power to enforce this article by appro- cation at the time, The Daily Alaskan, the ERA. I thank the advocates who priate legislation.’’ in 1904, argued that while women’s suf- continue to call their Senators, call However, while women in American frage might be disfavored as a general their Congressmen, who lift their gained the right to vote in 1920, we all proposition, the merits were different voices to support this important cause. know that women are still not treated in Alaska. We have work to do. We will continue equally under the law and that civil And he says the women there ‘‘are that work. rights are the great unfinished business brave and noble helpers in the develop- I want to note that my colleague of America. ment of a frontier country’’ and ‘‘not Senator CARDIN was here on the floor, Our fight for the Equal Rights the pampered dolls of society.’’ was planning to speak on this matter Amendment, ERA, officially began So today it still probably holds true today, but our time schedules got com- shortly after passage of the 19th that we have some pretty strong pressed, so his statement has been in- Amendment, the culmination of the women in Alaska. We own and operate cluded as part of the RECORD. I want to long-running women’s suffrage move- fishing vessels. We work as oil rig oper- acknowledge the good work and the ment that guaranteed women the right ators, diesel mechanics. We have some partnership that we have on this. to vote.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.037 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2720 CONGRESSIONAL RECORD — SENATE June 4, 2020 Alice Paul, leader of the National this issue is awaiting final action in spirit that underpins our bipartisan legisla- Women’s Party, recognized the need for the Senate. tion. further laws in order to provide full As Congress looks to what it can do The deadline passed in 1982, so isn’t this ef- fort futile? Not at all. legal equality to women in all activi- to create a more just society, ratifica- Nationally, momentum began to shift ties, not just voting. Her proposal for tion of the Equal Rights Amendment, about two years ago, as women across the an amendment for equal treatment ERA, would finally give women the country began to raise their voices again in under the law regardless of sex marked legal protection consistent with ideals calls for solidarity and equality. The ERA the first iteration of the ERA. U.S. of our Nation. I am therefore proud to had never gone away, but the #Me Too move- Senator Charles Curtis would introduce have partnered with Republican Sen- ment gave it a jolt of energy and a new spot- light for inequalities in U.S. law. this proposal for the first time in Octo- ator LISA MURKOWSKI of Alaska in in- In March 2017, 45 years to the day after ber 1921. Over the years, both the troducing a joint resolution that would Congress overwhelmingly approved the ERA, Democratic Party and the Republican remove the deadline for ratification of Nevada became the 36th state to ratify the Party would include the ERA in their this crucial amendment. amendment. And then, in May 2018, Illinois platforms. Presidents Eisenhower and And we picked this historic day to became the 37th. Kennedy both indicated their support discuss it, as the Senate approved the What had for years been referred to as a for the ERA. Needless to say, the ERA women’s suffrage amendment—the 19th three-state plan—working to have Congress has a long history, and throughout Amendment to our Constitution—on remove the ratification deadline so that three more states could ratify the ERA, and that time, it enjoyed the notable bipar- June 4, 1919. it would become enshrined in our constitu- tisan support. I ask unanimous consent to include tion—had suddenly become a one-state plan. The ERA has been able to count on in the RECORD a joint editorial that I Earlier this month, Virginia started the such support precisely because of the wrote with my colleague and friend, ratification process in their state legisla- widespread need recognized by both Senator MURKOWSKI of Alaska, talking ture. Alabama, Arizona, Arkansas, Florida, sides of the aisle for equal treatment about why it is time to finally ratify Georgia, Louisiana, Mississippi, Missouri, under the law. What is at stake here is the ERA. North Carolina, Oklahoma, South Carolina simply the issue of putting women on There being no objection, the mate- and Utah could also become state No. 38. Congress can do its part by explicitly remov- an even playing field with men. This is rial was ordered to be printed in the ing the deadline it once set. not about empowering one demo- RECORD, as follows: Article V of the Constitution contains no graphic group over another, but ensur- [From the Washington Post, Jan. 25, 2019] time limits for ratification of amendments. ing that discrimination on the basis of IT’S TIME TO FINALLY PASS THE EQUAL RIGHTS The states finally ratified the 27th Amend- sex is no longer an obstacle to prevent AMENDMENT ment in 1992 regarding congressional pay raises more than 200 years after Congress women from enjoying the same rights (By Ben Cardin and Lisa Murkowski) and protections that men enjoy. proposed it in 1789 as part of the Bill of Men and women should be treated equally Rights. As the late Supreme Court Justice under the law. It seems pretty basic, right? The original deadline for ERA ratification Antonin Scalia articulated: ‘‘Certainly As we approach the 100th anniversary of was not in the amendment itself but only in the Constitution does not require dis- women’s suffrage, it comes as a shock to so the text of the joint resolution proposing the crimination on the basis of sex. The many that the U.S. Constitution does not amendment. This is to say the amendment only issue is whether it prohibits it. It guarantee women the same rights and pro- itself has no arbitrary deadline attached. doesn’t.’’ The fight for the ERA aims tections as men. Whether on purpose or not, Congress hand- to fill this gap in the law. We come from different ends of the polit- cuffed itself at the time it passed the ERA. When Congresswoman Martha Grif- ical spectrum, but we agree that this needs But this Congress can and should easily to change. Women compose a majority of the fiths introduced her ERA in Congress amend that language to remove the deadline American population but continue to be for ratification. in the 92nd Congress, the House of Rep- underrepresented in government, elected of- We are proud to work together on a bipar- resentatives passed the measure by a fice, the courts and business world. A level tisan basis to move this essential legislation vote of 354 yeas to 24 nays. Five months playing field should not be a euphemism but over the finish line and finally make the later, the Senate passed it by a vote of rather a reality for women (and men) from ERA part of the Constitution—guaranteeing 84 yeas to 8 nays. It received an imme- Anchorage to Annapolis and everywhere in equality under the law for women. diate endorsement from President between. Women should not be held back or provided less opportunity, respect or protections Richard Nixon upon its passage. While ‘‘Equality of rights under the law shall not be denied or abridged by the United States or under the law because of their gender. This the ERA would in time become ratified by any State on account of sex.’’ is not a partisan issue but one of universal by most States, it fell just three short This is the full substance of the Equal human rights. Gender equality should be an of the three-fourths requirement of 38 Rights Amendment. It’s a little less than a explicit, basic principle of our society. by the measure’s deadline of March 22, tweet, but it will make a positive difference The PRESIDING OFFICER (Mr. 1979. in the lives of millions of women. BRAUN). The Senator from Tennessee. When Senator MURKOWSKI and I came Why is this still necessary? During a 2011 Mr. ALEXANDER. Mr. President, I together to introduce S.J. Res. 6 on interview, Justice Antonin Scalia summed want to thank the Senator from Alas- January 26, 2019, we committed our- up the need for an Equal Rights Amendment. ka for her eloquent remarks, and I am selves to advancing this nearly cen- He said: ‘‘Certainly the Constitution does glad I was here to have a chance to lis- not require discrimination on the basis of tury-long fight for equality between sex. The only issue is whether it prohibits it. ten to them, both on equal rights, real- men and women. Our measure would It doesn’t.’’ ly, for all Americans. It is not possible remove the deadline for ratification. On the other side of the spectrum, Justice for us to speak on any subject today Remember that the Constitution con- Ruth Bader Ginsburg laid out the rationale without recognizing what is going on tains no deadline for the ratification of for the ERA in simple terms: ‘‘Every con- in the country. constitutional amendments, and in 1992 stitution written since the end of World War A couple of comments that come to Congress declared the 27th Amendment II includes a provision that men and women my mind as I think what happened as a ratified after more than 200 years, are citizens of equal stature. Ours does not.’’ result of the incident with George Why has it taken this long? Per the Con- which prohibits Congress from chang- stitution, an amendment must be ratified by Floyd in Minneapolis were, first, the ing its own pay before an intervening three-fourths of the states to be enacted. comment of the leader of the peaceful election. And the States have recently While most amendments are put forward protest in Nashville. There were more woken up when it comes to the ERA, without a time limit, this one came with a than 1,000 there. She said, the next day, with Illinois, Nevada, and, most re- seven-year deadline. The original was ex- that she was disappointed by the riot- cently, Virginia ratifying the ERA, tended to 10 years, but still, only 35 States ers and looters because they dishon- reaching the number of 38 State ratifi- had ratified the ERA by 1982. ored the memory of George Floyd and cations, or three-quarters of the While the clock stood frozen at the federal dishonored the peaceful protest against level, today, nearly half of the States—in- States. cluding Maryland and Alaska—have a racial discrimination. I thought she I would note that our companion version of the ERA written into their con- said that well and expressed the feeling House resolution introduced by Con- stitutions. Gender-based equality represents of most Tennesseans. gresswoman JACKIE SPEIER was passed the present-day views of the vast majority of The other comment I thought about by the House earlier this year, and so people across the United States, and is the was that of our colleague Senator TIM

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.028 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2721 SCOTT of South Carolina, who is one of President Paxson of Brown—a different ting to the Federal Government a plan three African-American Members of kind of institution in the Northeast, each month about their testing needs. the U.S. Senate. He told us a couple of different from Purdue—they both de- The Federal Government is helping fill years ago in a private Bible study—and cided it is their obligation to open up in any gaps. Over the next 2, 3 months, I asked him later if I could mention and to create a safe environment for the number of tests will go from about it—that he was stopped 7 times—an Af- the students to come back. 10 million a month to 40 or 50 million rican-American man—in his hometown, There are several reasons for this. tests a month. That is a lot of tests. We Charleston, SC, for being a Black man There is some health risk in coming are already testing more than any in the wrong place, even while he was back. Of course, wise leadership can ad- country in the world. the vice mayor of his hometown. dress that. But I think, as all of us My guess is that colleges and univer- I asked him about that again this have looked at our colleges, wise lead- sities—even though there are 6,000 of week. He said: Yes, it happened again ership can make colleges among the them, 127 different institutions in Ten- last month. I think most of us don’t safest communities to live and work in nessee—if they will be in touch with know that. We don’t think about that— America over the next year because their Governor and be a part of the those of us who aren’t African Amer- colleges have certain advantages. In State testing plan, they can have ade- ican, aren’t Black. To think about the first place, most of the campus quate tests, not only to contain the that, I think, helps us begin the proc- community is young. While we can’t be disease and isolate those who should be ess of understanding the feelings that cavalier about the effect of COVID–19 isolated but to give peace of mind to are going on in the country right now, on young people, as Dr. Fauci has other students and faculty and mem- most of which can’t be solved by laws. warned us, the fact is that COVID–19 bers of the community who come on- They will have to be changed by atti- seems to hurt the young much less. board. tudes. The second reason it would be easier Finally, we talked a little bit about f to go back to college is that there is a the role of the Federal Government. We lot of space in colleges that isn’t used. have a classic discussion about that GOING BACK TO COLLEGE SAFELY Colleges are the most notorious wast- here. Some want to say Washington Mr. ALEXANDER. Mr. President, I ers of space in our society. It is rare should do it; some want to say the come to the floor today to make com- that a class is taught in the early State should do it. Generally, our ments on two other subjects. The first morning or late evening or on Satur- friends on the Democratic side trust is about a subject that is concerning days or in the summers. There is plen- Washington, DC; generally, we on the about 70, 75 million American families; ty of time and plenty of space to spread Republican side trust the States. But that is, going back to college and going out on most college campuses. there is a role for both. The Federal back to school. The question is on the As we learn more and more about Government, through the Centers for minds of many Americans: Will we be COVID–19, it looks like there are three Disease Control, can provide advice. going back to college? Will our chil- things we really need to do: Keep 6 feet The Federal Government, as it is doing dren be going back to school? apart, wash our hands, and wear a through the Shark Tank, as we call it, We finished a hearing today—the mask. Do those three things, and we at the National Institutes of Health, Presiding Officer was present; the Sen- can probably go back to school, back to can accelerate the number of rapid ator from Alaska was present—on work, out to eat, and do most of the tests that are available at a low cost going back to college safely. The ques- things we would like to do. for campuses. tion is not whether we are going back At a college, as President Daniels The Federal Government can provide to college in the United States of says, he intends to develop a culture of additional funding for campuses, as we America; the question is how to go masks. Vanderbilt University is going did in the CARES Act. Those are some back safely. We all understand that to require a mask to be worn in all in- of the things we can do from here. But when 70, 75 million students go back to door situations. Then they are taking a the things we ought not to try to do college and go back to school, that is number of other steps. Concerts and from here are to order California to the surest sign that American life is re- parties and large gatherings are out. open its campuses if California doesn’t gaining its rhythm—not just for the Flu shots and grab-and-go meals are in. want to or to tell Purdue and Notre students themselves but, especially There will be systematic testing, and Dame and Brown and the University of with the children, for their parents, testing will be done in different ways. Tennessee and Vanderbilt that they most of whom work outside the home. The president of Brown would like to cannot open their campuses if they do Today’s subject was about college. test every student, she said in an arti- want to and think they can do it safe- We had excellent witnesses. We had cle in the New York Times a few weeks ly. We should not be trying to tell each Mitch Daniels, the president of Purdue ago. of those campuses exactly how many University. He was introduced by the The president of Purdue said: Well, tests they have, what kind of tests Senator from Indiana. We had the maybe systematic testing. There will they have, any more than we try to tell president of Brown University, Chris- be different strategies for testing, but them what the faculty ought to be paid tina Paxson. We had Logan Hampton, the goal of testing is two things. One is or what student admissions policies who was president of a small histori- containing the disease; that is, identi- ought to be or what the curriculum cally Black college in Jackson, TN, fying the sick and the exposed so that ought to be. Lane College. And we had the Presi- they can be quarantined so the rest of While the Federal Government needs dent of American Public Health Asso- us don’t have to be, and the other is to to create an umbrella in which indi- ciation, Dr. Benjamin. They talked build confidence. vidual campuses can go back to school with us about the various strategies I know that when I took a test last safely, we need to be careful about tell- and concerns that existed. week after I was exposed to COVID–19, ing everybody exactly what to do. I will, in a few minutes, ask consent I went home for 2 weeks of self-isola- We had a very big event here 4, 5 to put my opening statement in the tion, as the attending physician said I years ago when we fixed No Child Left RECORD, but if I can summarize it, it should do. That should have been it, Behind. Everybody wanted it fixed— would be this. Most of our 6,000 public but I went to my local public health Democrats, Republicans, labor unions, colleges and universities—some public, department and took a test, which Governors, teachers. Why? Because some private, some church schools— turned out to be negative, for peace of after a while, everybody got tired of will be open in August for in-person mind. It gave me more confidence to go Washington, DC, telling 100,000 public students but not all of them. The Uni- back home and be with my family. schools exactly what to do, what teach- versity of California State system has The anticipation is that there will be ers to hire, what curriculum to have— said so far that it expects only to offer plenty of testing. Admiral Giroir, the all of these things. The same is true online courses. But at Purdue, for ex- Assistant Secretary of Public Health, with our colleges. ample—an institution of 55,000 stu- has told our committee, we are, in the Our system of colleges and univer- dents—President Daniels has decided, United States, doing about 10 million sities is the best in the world. Every- with the approval of his board, and tests a month now. States are submit- one concedes that. It has not gotten

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.039 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2722 CONGRESSIONAL RECORD — SENATE June 4, 2020 there by Washington ordering what it have already lost tens of billions of dollars Colleges and Universities, Association of should do, and Washington shouldn’t via diminished revenues and increased costs Public and Land-grant Universities, Associa- order what it should do about this dis- in the current academic year. Surveys and tion of Research Libraries, Coalition of ease. It should advise; it should help; it data indicate that the next academic year Urban and Metropolitan Universities, Col- will be far worse. In addition, some states lege and University Professional Association can help send money. But the auton- have already substantially cut funding to for Human Resources, Council for Advance- omy of each campus ought to be re- public universities and to student grant pro- ment and Support of Education, Council for spected. grams at all institutions, while for others, Christian Colleges & Universities, Council One other thing about the colleges the cuts are looming. for Higher Education Accreditation, and universities have asked for from us Understandably, implementing widespread EDUCAUSE, Higher Learning Commission, is liability protection. testing, contact tracing, and quarantine and Hispanic Association of Colleges and Univer- I ask unanimous consent to have treatment facilities will impose substantial sities. printed in the RECORD following my re- ongoing expenses, beyond the already sizable NASPA—Student Affairs Administrators marks a letter from the American challenges in procuring and providing the ex- in Higher Education, National Association of Council on Education, with a number tensive amounts of physical protective College and University Business Officers, Na- tional Association of Independent Colleges of things in it they ask of Congress. equipment and making the physical modi- fications to campus buildings that will be and Universities, National Association of This is the umbrella organization for necessary to ensure the health and safety of Student Financial Aid Administrators, Na- hiring education, and it includes liabil- our students, staff, and visitors. We are tional Association of System Heads, New ity protection. happy to share with the committee a list ex- England Commission of Higher Education, The PRESIDING OFFICER. Without amples of individual institutional losses, Northwest Commission on Colleges and Uni- objection, it is so ordered. based on public reports, demonstrating the versities, Rebuilding America’s Middle Class, There being no objection, the mate- enormous range and variations in cir- Southern Association of Colleges and rial was ordered to be printed in the cumstances that will dramatically com- Schools Commission on Colleges, State High- RECORD, as follows: plicate the ability of many campuses to re- er Education Executive Officers Association, open. Institutions are not asking for the fed- TMCF, UNCF (United Negro College Fund, AMERICAN COUNCIL ON EDUCATION, eral government to make them whole, but Inc.). June 3, 2020. they need support if they are to have any Hon. LAMAR ALEXANDER, There being no objection, the mate- chance at returning to something resembling Chairman, Committee on Health, Education, rial was ordered to be printed in the normal operations. Labor and Pensions, U.S. Senate, Wash- While institutions will be taking extensive RECORD, as follows: ington, DC. measures such as those noted above in com- OPENING STATEMENT Hon. PATTY MURRAY, bination with campus-specific public health COVID–19: GOING BACK TO COLLEGE SAFELY— Ranking Member, Committee on Health, Edu- education programs and outreach—encour- THURSDAY, JUNE4AT10A.M. cation, Labor and Pensions, U.S. Senate, aging safety measures such as the wearing of Washington, DC. Introduction masks, hand washing, and social distancing DEAR CHAIRMAN ALEXANDER AND RANKING The question for administrators of 6,000 and expecting shared responsibility for be- MEMBER MURRAY: On behalf of the American colleges and universities is not whether to havior—it will be impossible to completely Council on Education and the undersigned reopen in August, but how to do it safely. eliminate the transmission of this highly higher education associations, I am writing Most are working overtime to get ready for contagious virus. It is not only possible, but to thank you for holding today’s hearing ex- one of the surest signs that American life is perhaps even likely, that any campus re- amining the important issue of how U.S. col- regaining its rhythm: 20 million students opening will result in some COVID–19 infec- leges and universities can reopen their phys- going back to college tions within the campus community. ical campuses in the fall as the nation seeks Our witnesses today are here to tell us As a result, institutions are facing enor- to recover from the COVID–19 pandemic and their strategies for reopening safely: mous uncertainty about COVID–19-related begin returning to normal. Mitch Daniels, President of Purdue Univer- The issues involved with safely welcoming standards of care and corresponding fears of sity, West Lafayette, IN students, faculty, and staff back to campuses possible litigation, even when they have em- Christina Paxson, President of Brown Uni- are complicated; there is no one-size-fits-all ployed reasonable decision-making and done versity, Providence, RI solution. Every institution is developing everything within their power to keep stu- Logan Hampton, President of Lane Col- plans appropriate for their own cir- dents, employees, and visitors as safe as pos- lege, Jackson, TN cumstances and the needs of their campus sible. In addition to providing critical finan- Georges Benjamin, MD, Executive Director community, based on the guidance and re- cial support for institutions that have been of American Public Health Association, sources available from federal, state, and hard-hit during this crisis, we believe Con- Washington, DC gress should pass legislation providing a local public health officials. For example, College best health practices while residential campuses need to carefully timely, temporary, and targeted federal safe Purdue University, the University of South consider protocols to minimize the risks for harbor from liability for illness or the spread Carolina, Rice University, Creighton Univer- students living in close proximity to one an- of illness when good faith efforts are made to sity, and The University of Notre Dame will other, commuter campuses must be cog- comply with applicable local, state, and fed- finish in-person classes before Thanksgiving nizant of students who move between cam- eral public health standards. These protec- to avoid further spread of COVID–19 during pus, home, and work on a daily basis—and tions should preserve recourse for those flu season some campuses must address both sets of harmed by truly bad actors who engage in Vanderbilt will require face masks in issues. Every campus wants to offer as full a egregious misconduct or gross negligence. classrooms. range as possible of academic, housing, so- Thank you again for your willingness to To make social distancing easier, colleges cial, athletic, and other programs and serv- examine these important issues during to- are rescheduling classrooms usually empty ices, and to do so in a way that ensures as day’s hearing. We look forward to working in early mornings, evenings, weekends and best as possible the safety and health of stu- with you and your colleagues on this urgent summer. Concerts and parties are out. Grab dents and all other members of the campus matter. and go meal options, flu shots and tempera- and surrounding community. In addition to Sincerely, ture checks are in. Campuses will offer more these challenges, we know that students will TED MITCHELL, online courses. be coming back to campus with significant President. I recently was on a phone call with about financial challenges as they and their fami- On behalf of: 90 presidents of Tennessee’s 127 institutions lies are not immune from the broader eco- Accrediting Commission for Community of higher education, and almost all of them nomic conditions facing our nation. Colleges and Junior Colleges, ACPA—College Student are planning to resume in-person classes in and universities, while under financial strain Educators International, American Associa- the Fall, but they want governments to cre- themselves, will redouble their efforts to tion of Collegiate Registrars and Admissions ate liability protection against being sued if support students who are most in need. Officers, American Association of Commu- a student becomes sick. Effectively and safely reopening campuses nity Colleges, American Association of State Bucking the trend, California’s state uni- is constrained by the large revenue losses Colleges and Universities, American College versity system will offer most of its courses and significant new expenses that colleges Health Association, American Council on only online. and universities have already experienced Education, American Dental Education As- and will continue to face. These expenses in- sociation, American Indian Higher Edu- College testing strategies clude the costs associated with moving in- cation Consortium, Association of American All roads back to college lead through test- struction online, serving students remotely, Universities, Association of Catholic Col- ing. and implementing new health protections leges and Universities, Association of Com- The availability of widespread testing will and safety precautions. Estimates by ACE munity College Trustees. allow colleges to track and isolate students and other organizations have repeatedly con- Association of Governing Boards of Univer- who have the virus or have been exposed to cluded that institutions of higher education sities and Colleges, Association of Jesuit it, so the rest of the student body doesn’t

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.040 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2723 have to be quarantined. Campuses are ex- Second: Colleges are notorious wasters of The United States is home to 6,000 colleges ploring using mobile phone apps for tracking space. As I wrote for Newsweek in 2009 to en- and universities—arguably the best system and creating isolation dormitories to isolate courage colleges to embrace 3-year degrees: of higher education in the world because in- students who have the virus or have been ex- Former George Washington University presi- stitutions have maximum autonomy and posed, as UT-Knoxville is doing. dent Stephen J. Trachtenberg estimates that minimum direction from Washington on ev- Widespread testing not only helps contain a typical college uses its facilities for aca- erything from their curriculum, tuition, ad- the disease; it builds confidence that the demic purposes a little more than half the mission policies, health care plans for stu- campus is safe. Fortunately, U.S. Assistant calendar year. ‘‘While college facilities sit dents, and compensation for faculty. They Secretary for Health Admiral Brett Giroir idle, they continue to generate maintenance, determine what their policies will be for stu- says there will be 40–50 million tests avail- energy, and debt-service expenses that con- dent behavior and conduct, housing, safety, able per month by September. That is 4–5 tribute to the high cost of running a col- and a host of other things. times today’s number—and today’s number lege,’’ he has written. So I would suggest we honor that same tra- is twice as many as any other country. Keeping students six feet apart will be a dition now: President Trump and Congress Dr. Francis Collins, who led the Human lot easier if colleges embrace a new effi- should not be telling the California State Genome Project, now leads a competitive ciency and use more of their classrooms and University System that it has to open its ‘‘shark tank’’ enterprise at the National In- spaces throughout the day and throughout classes in person, or telling Notre Dame it stitutes of Health to discover new ways to the year. cannot—or telling UT that it must test ev- conduct tens of millions of additional accu- Maybe that’s a lesson that will last beyond eryone on the campus or telling Brown Uni- rate tests with quick results. this virus crisis. versity that it cannot. Colleges themselves, Should everyone on campus be tested? On Third, tracking and tracing the virus will not Washington DC, should make those deci- a webinar for institutes of higher education be easier to do at colleges—we know what sions. on Friday, May 29, Centers for Disease Con- classes students attend, and what dorms Conclusion trol and Prevention officials said that they they live in. If colleges take it a step further are not recommending that at this time and and, for example, assign seats in class, infec- We know that a single lost year of college encouraged campuses to work with their tions will be even easier to track. can lead to a student not graduating from state and local health officials. Fourth, a college can require students to college and set back career goals. However, that does not take into account wear masks. Campuses can make mask-wear- Already, disruption of university research testing for peace of mind. Some schools may ing part of the student culture. projects has erased much of the progress want to test everyone before they come back But college environments pose a couple of that was being made with the record levels to campus. challenges as well. of research funding Congress has provided Schools may want to think about testing First, we know that 19 and 20-year-olds over the past five years. Many American col- randomly to detect asymptomatic cases and don’t always choose to do what’s healthiest. leges—overall considered the best in the have the ability to test everyone in certain For example, the 2018 National Survey on world—will be permanently damaged or even categories: health care, food service, and Drug Use and Health found that a third of closed if they remain, in witness Christina cleaning workers; older faculty; students college students admitted to binge drinking Paxson’s words, ‘‘ghost towns.’’ with medical conditions or who are arriving in the past month. So a social-distanced, Two thirds of college students want to re- from virus hot spots; all students in a class mask-wearing culture in class may not al- turn to campus, according to an Axios sur- or dormitory where a person tests positive ways extend into the evenings and weekends. vey. At Purdue, tuition deposits by incoming for the virus. And second, 86 percent of undergraduate freshmen broke last year’s record. Colleges Administrators ask: Where will I find students are not living on campus, according and universities are microcities. College tests? The answer is, consult your local to the National Center for Education Statis- presidents and administrators can make health department and your governor. Each tics. That statistic includes big variations: them among the safest small communities in state submits a monthly plan to the federal 40 percent of students at private 4-year col- which to live and work during this next year. government outlining testing supplies and leges live on campus; 26 percent at public 4- In doing so, they will help our country take needs. Admiral Giroir’s team then helps fill year institutions, 2 percent live on campus its surest step toward normalcy. the gaps. at community colleges. Nearly half of under- Mr. ALEXANDER. Next week in our My recommendation: you want your graduates live within 10 miles of campus. committee we will take a look at going school’s testing needs to be in your state That means many students will leave and re- back to school safely, K–12. That is a plan. A school can also contract directly turn, potentially exposing themselves and lot more families—20 million college with laboratories who conduct tests, review others to the virus—making social students, 75 million children in K–12. the Food and Drug Administration list of au- distancing and CDC-recommended health And in every one of those families, in thorized tests, or ask for help from a nearby status checks all the more important. every one of those homes, I can tell large university or hospital that has created Federalism its own test. you those families are worried about What should the federal government’s role COVID–19 plans should last for at least the whether those children can go back to be in helping colleges and universities safely full school year. The government is pursuing school and whether they can go safely. reopen? vaccines at warp speed, but no one expects Providing advice from the CDC about best I believe they can, and all across the one by August. In the second semester there practices country, Governors, classroom teach- should be more tests, more treatments, bet- Funding for innovation, such as the shark ers, mayors, principals are working, ter contact tracing and vaccines—amidst the tank I mentioned, so there’s an ample supply just as we heard today from the college flu season and the return of COVID–19. It will of rapid tests for colleges presidents, to make sure they go back be the Fall of 2021 before school life ap- Encouraging colleges and universities to proaches normal. safely. work with states and get included in their But students returning in the Fall and testing plans, and then help states get sup- f their families will want and need to have plies they need for testing peace of mind that they, and their loved GREAT AMERICAN OUTDOORS ACT Funding, such as the nearly $14 billion in ones, are heading back into a safe environ- CARES Act to address lost revenue due to Mr. ALEXANDER. Mr. President, if I ment. Testing is the key to providing this COVID–19 and help students disrupted by the may switch gears to another subject, peace of mind. crisis briefly—on Monday, the Senate will be College Environment—the Good and Bad Federal government can provide liability casting the most important vote on There are several reasons colleges have an protections conservation legislation, outdoors leg- advantage in providing a safe environment Beyond that, decisions should be left to the islation, that we have had in 50 years. for students and faculty: individual campuses. From small technical That is quite a statement to make be- The first reason is that younger people institutes like Lincoln College of Tech- have been less hurt by COVID–19. nology to research institutions like the Mas- cause we do lots of legislation in the For example: In Tennessee, nursing homes sachusetts Institute of Technology. From U.S. Senate. I am not exaggerating account for around 5 percent of cases of community colleges to tuition-free, four- when I say that. This is a piece of legis- COVID–19 infections but 36 percent of year institutions like Berea College in Ken- lation that will do more for our public COVID–19 deaths. tucky. Federal lands—our national parks, our Compare that with Tennesseans under the When I became a university president in fish and wildlife lands, our Bureau of age of 30, who have accounted for around 30 1988, I asked the president of the University Reclamation Lands, the lands that percent of cases of infection, but less than 1 of California System, David Gardner, what hunters and fishermen use—than any percent of deaths. made that university so good. His first an- Still, there is much we are still learning swer was autonomy—that the government piece of legislation we have passed in about the virus, and Dr. Anthony Fauci has provides students with funds that follow at least 60 years. In addition, it will warned against ‘‘cavalierly’’ assuming that them to the school of their choice and then create permanent funding for the Land young people are not at risk. allows the institutions to run themselves. and Water Conservation Fund, which

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.030 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2724 CONGRESSIONAL RECORD — SENATE June 4, 2020 has been a goal of Congress since it was the National Wildlife Refuges, the Bu- on Monday. Some of us have been a lit- passed first in 1964 and reaffirmed by reau of Land Management, and the Bu- tle delinquent in our attendance on the Reagan’s Commission on American reau of Indian Education—that is the Monday votes, but we need 60 votes on Outdoors, which I chaired in 1985 and Indian schools—and we are going to Monday to advance the bill. Then we 1986. Finally, we are getting around to take the deferred maintenance, which will need 60 votes a couple of more doing both of those things. is all of those things I talked about times to pass the bill. Then it can go to This piece of legislation that I am de- that are broken, and over the next 5 the House of Representatives where an scribing has the strong support of years, we are going to pay for half of it. identical bill has been introduced. President Trump. In fact, it couldn’t We have about $12 billion in deferred To me, it would seem that a bill like happen without President Trump be- maintenance, and over the next 5 this, at a time like this, would be cause the Office of Management and years, we will reduce it to half of that. something we would all welcome and Budget has to approve the method of In the Great Smoky Mountains, for want to support. There is nothing any funding we are using. They have ap- example, which is next to where I live, of us wants to do more than to get out- proved it, and it is in the President’s we have $235 million worth of deferred side of our homes and get in the fresh budget. It has the support of 59 cospon- maintenance, and the park has a $20 air, and these lands are where we go. sors in this body—Democrats and Re- million-a-year budget. Now, how long Some of them are city parks, and some publicans—who are working together do you think it is going to take, with of them are big parks, like Yellowstone on it in a remarkable way. a $20 million annual budget, to deal and Yosemite and the Great Smokies. People say that we are divided. Well, with $230 million worth of deferred Yet they are our treasures, and they we are in lots of ways, but in other maintenance? It is never going to hap- are run down. They are run down. The ways we are not. Ask Senators BURR, pen. It is never going to happen with- bathrooms leak. The sewage systems CANTWELL, DAINES, GARDNER, HEINRICH, out this piece of legislation or some- have closed camp grounds. In some KING, MANCHIN, PORTMAN, and WARNER. thing like it. That is the first part. cases, the visitors’ centers are embar- They are all in the middle of this. They President Trump, to his credit, said rassing. The roads have potholes, and will all take credit for it, and I will to go ahead and put in the bill the na- the access roads aren’t built for the give them credit for it. But everyone tional forests, the National Wildlife fishermen. This is a chance for us to recognizes it takes all of us. Refuges, the Bureau of Land Manage- take care of that. Why are we all in the middle of it? ment, and the Bureau of Indian Edu- I look forward to the vote on cloture We have more than 800 sportsmen and cation. We have a lot of Indian schools on Monday. I hope we get a big vote outdoors groups who have endorsed in this country that are broken down and send a strong signal to the Amer- this bill—more than 800. You tell me and need to be fixed. He said to put ican people that we in Congress have the last time you saw President that in there. There are also a lot of heard them and that, even in a time of Trump, 800 outdoors environmental Tribal nations and a lot of hunters and crisis like this, we can work together groups, and 59 U.S. Senators on both fishermen who appreciate that support, and do important work. sides of the aisle in favor of a piece of which is why we have 800 different out- There is one more aspect to it. This legislation that has a policy of what I door groups that are supporting it. is an infrastructure bill, and infra- believe is the most important piece of Then there is a second part of the structure means lots of jobs. There are outdoors legislation in a half century. bill—the smaller part—which is the various numbers that have been Here is what we are talking about. Land and Water Conservation Fund. It thrown around—40,000, 100,000—but We are talking about leaky roofs. We is a very simple idea that was rec- anytime you spend $14 billion over 5 are talking about access roads with ommended by President Johnson’s years on projects that are ready to go potholes. We are talking about trails Rockefeller division in 1964. It said in locations all over the country, espe- that are worn out so you slip and fall this: Let’s set aside a certain amount cially in rural areas, it is going to help down when you go to hike. We are talk- of money every year—$900 million. Half a country that has such a high unem- ing about sewage systems that are bro- will go to the States, and half will go ployment rate. This is the most impor- ken, shutting down whole campgrounds to the Federal Government and buy tant conservation and outdoors legisla- like the Chilhowee Mountain Camp- land that ought to be protected. It tion in 50 years. In addition to that, it ground, which was shut for 2 years. might be a city park or it might be an is an infrastructure bill. That sounds Five hundred families usually use it inholding in a national park. It could like a pretty good vote for Monday. every summer and can’t go because the be either of those things. This has been I ask unanimous consent to have sewage system is shut down. We are going on all that time. Yet what the printed in the RECORD after my speech talking about dilapidated visitors cen- agreement was in 1964 was that we my opening statement from the hear- ters, from Washington, DC, to Pearl would get the money from offshore ing this morning on Going Back to Col- Harbor. We are talking about the Mall drilling in order to pay for it. We would lege Safely as well as the letter from in Washington, DC. We are talking create an environmental burden—that the American Council on Education. Mr. President, I yield the floor. about our national treasures. We are is, allow offshore drilling—and we I suggest the absence of a quorum. talking about where we like to go. would use it for an environmental ben- The PRESIDING OFFICER. The One of the organizations supporting efit, which is the Land and Water Con- clerk will call the roll. this—or a group of them—represents 55 servation Fund. That made a lot of The legislative clerk proceeded to million fishermen and hunters. They sense. call the roll. would like to have roads in order to get So, every year, Congress has appro- Mr. MCCONNELL. I ask unanimous to the fishing holes. They would like priated a certain amount of money for consent that the order for the quorum not to break the axles on their tires that, but the idea was that the amount call be rescinded. along the way. Families would like to would be certain. It would be $900 mil- The PRESIDING OFFICER. Without be able to go to Pearl Harbor and see a lion every year, and that has never objection, it is so ordered. good visitors’ center, and they would happened. In 1985 and 1986, President f like to be able to camp in the Smoky Reagan appointed a commission to Mountains and find that it is not shut look at the American outdoors. I was TIANANMEN SQUARE MASSACRE down because the bathrooms don’t the chairman of it. The principal rec- ANNIVERSARY work. That is what we are talking ommendation was to make the Land Mr. GRASSLEY. Mr. President, about here. This isn’t exotic stuff, but and Water Conservation Fund perma- today marks the anniversary of the it is what creates an environment for nent and have permanent funding. So, 1989 Tiananmen Square Massacre, when us to use this great American outdoors for 60 years, Presidents and Congresses students led demonstrations for great- that we all love. have been trying to do this, but it er accountability, constitutional due Now, briefly, exactly how does it do hasn’t gotten done. Monday is the day process, democracy, freedom of the that? Well, one part simply says that to get it done. press, and freedom of speech. One mil- we are going to take the 419 national My hope is that all Members of the lion people participated in these his- park properties—the national forests, U.S. Senate will be back here for votes toric protests.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.041 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2725 Tragically, the Chinese Communist surrounded on all sides by skeptical block from the White House as the Party responded with ruthless force, Democrats. Almost everything we did President of the United States ordered killing demonstrators and bystanders. brought an uphill climb. As a result, U.S. Park Police, backed by the D.C. Troops with assault rifles and tanks my staff and I developed a deep bond National Guard and following threats fired at demonstrators and those try- and a collective sense of purpose. throughout the day, to use the U.S. ing to block the military’s advance In professionalizing the personnel of- military against peaceful American into Tiananmen Square. Several hun- fice, Jeannette never let the bureauc- protesters so he could have his photo- dred to several thousand people were racy slow her down. She did away with graph taken in front of St. John’s killed that day. political patronage, insisting on merit Church, holding a Bible. It was an ap- China has been ruled by a brutal, au- in the county’s policymakers. She palling, almost surreal, abuse of power thoritarian regime, a communist re- knew the rules governing her position that showed a flagrant disregard not gime, since 1949. and used them to shake the malaise off only for our Constitution but for those This regime has not changed its na- local government. If I told Jeannette who have devoted their lives to defend ture, and we see that today in the where I wanted to end up on a par- it. South China Sea, Hong Kong, against ticular policy, she could chart the Several of those patriots have spoken Taiwan, and in its response to the course to get there. She was absolutely out forcefully and eloquently to reject COVID–19 pandemic. critical to our accomplishments for the the President’s grotesque display of f people of Jefferson County. force and the way he has abused the Of- There is perhaps no better example fice of the Presidency, day after day, REMEMBERING ITALIA MARIE than the hiring of Norma Fletcher as year after year, to stoke divisions in KELLY the consumer protection division direc- this country. I am grateful to them for Mr. GRASSLEY. Mr. President, on tor. Norma might not have been the doing so, and I want to highlight in Sunday, a young Iowan from Dav- conventional choice among the stack particular two of those voices, former enport set out to exercise her constitu- of 60-plus resumes. She was a 26-year- Chairman of the Joint Chiefs of Staff tional rights by peacefully protesting old attorney who had only recently Admiral Mike Mullen, and former Sec- the disturbing death of George Floyd. joined local government. In retary of Defense Jim Mattis. In pieces, But when agitators turned things vio- Jeannette’s characteristic way, how- one published in the Atlantic and one lent, Italia Marie Kelly decided it was ever, she saw Norma’s initiative and released as a statement, both laid out time to go. As she was trying to leave, drive. Norma got the job and would an alternate vision for our country, a she was struck and killed by a bullet. prove an invaluable asset to Jefferson vision that so many Americans who She was only 22. County over the coming years in sev- were similarly outraged share and that Italia was protesting against vio- eral important leadership roles. I am I also share. lence, but she couldn’t escape it. grateful that Jeannette recognized the I ask unanimous consent that these We must stand up against violence, potential of Norma and several other statements from Admiral Mullen and racism and abuses by law enforcement. talented individuals who made our ad- former Defense Secretary Mattis, be We must also stand up against those ministration better as a result. inserted in the RECORD. who hijack peaceful protests. More Jeannette’s job came with many seri- There being no objection, the mate- death and destruction is no way to ous responsibilities. But she never took rial was ordered to be printed in the honor the legacies of those lost. herself or her colleagues too seriously. RECORD, as follows: f She was quick to break the tension [From The Atlantic, June 2, 2020] with a joke and a smile. Her deep res- REMEMBERING JEANNETTE I CANNOT REMAIN SILENT: OUR FELLOW CITI- ervoir of faith helped give us all ZENS RE OT THE NEMY AND UST PRIEBE A N E , M strength, even on the most grueling NEVER BECOME SO Mr. MCCONNELL. Mr. President, I days. I will warmly remember the (By Mike Mullen) am sorry to note the passing of times she invited me to her home for It sickened me yesterday to see security Jeannette Priebe, a longtime friend dinner. Jeannette was a wonderful personnel—including members of the Na- and an instrumental part of my team cook, and I enjoyed the chance to tional Guard—forcibly and violently clear a when I was Jefferson County judge-ex- spend time with her, her husband Vic- path through Lafayette Square to accommo- ecutive. Jeannette was a skilled public tor, and their family. date the president’s visit outside St. John’s servant, animated with a fierce spirit Throughout my career, I have been Church. I have to date been reticent to speak for our work. Today, I would like to out on issues surrounding President Trump’s lucky to work with some of the most leadership, but we are at an inflection point, pay tribute to her life and her many capable and trustworthy staff around. and the events of the past few weeks have contributions to our Commonwealth. Much of my early team was directly at- made it impossible to remain silent. Jeannette’s work embodied President tributable to Jeannette’s influence. Whatever Trump’s goal in conducting his Reagan’s notion that ‘‘personnel is pol- After she left the county courthouse, I visit, he laid bare his disdain for the rights icy.’’ A great deal of her career was wasn’t certain I would ever find an- of peaceful protest in this country, gave suc- dedicated to putting the right individ- other person quite like her. Then, cor to the leaders of other countries who take comfort in our domestic strife, and uals into positions of consequence, re- about a decade ago, Jeannette’s daugh- gardless of political affiliation. risked further politicizing the men and ter Angie joined my staff. As my direc- women of our armed forces. Jeannette became the first female per- tor of State operations, Angie has been There was little good in the stunt. sonnel director of the Louisville Civil tireless in helping me represent Ken- While no one should ever condone the vio- Service Board and later ran Jefferson tucky in the Senate. She is so impres- lence, vandalism, and looting that has ex- County’s personnel office. Her sive in her own right and a wonderful ploded across our city streets, neither should unyielding diligence made local gov- reflection of her mother. I am grateful anyone lose sight of the larger and deeper ernment more effective for the families that brilliance happens to run in this concerns about institutional racism that we served. have ignited this rage. particular family. As a white man, I cannot claim perfect un- Take, for example, Jeannette’s trans- It was a sincere privilege to call derstanding of the fear and anger that Afri- formative impact on the city’s police Jeannette a friend for so many years. I can Americans feel today. But as someone force. To address a serious under-rep- am forever grateful for her impression who has been around for a while, I know resentation of African Americans in on my life and on lives around Jeffer- enough—and I’ve seen enough—to under- the department, she intentionally son County. I join with her family in stand that those feelings are real and that placed a strong emphasis on giving remembering this remarkable Ken- they are all too painfully founded. We must, as citizens, address head-on the qualified, minority candidates a fair tuckian. shot. She helped create a police force issue of police brutality and sustained injus- f tices against the African American commu- that was more representative of the PROTESTS nity. We must, as citizens, support and de- community it protected. fend the right—indeed, the solemn obliga- Jeannette joined my team when I Mr. LEAHY. Mr. President, on Mon- tion—to peacefully assemble and to be heard. was the newly elected Republican judge day I watched the shameful scene a These are not mutually exclusive pursuits.

VerDate Sep 11 2014 08:15 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.011 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2726 CONGRESSIONAL RECORD — SENATE June 4, 2020 And neither of these pursuits will be made to militarize our response to protests. We etary points of order lie against pend- easier or safer by an overly aggressive use of need to unite around a common purpose. And ing legislation. The Republican staff of our military, active duty or National Guard. it starts by guaranteeing that all of us are the Budget Committee and the Con- The United States has a long and, to be fair, equal before the law. sometimes troubled history of using the Instructions given by the military depart- gressional Budget Office, CBO, pre- armed forces to enforce domestic laws. The ments to our troops before the Normandy in- pared this report pursuant to section issue for us today is not whether this author- vasion reminded soldiers that ‘‘The Nazi slo- 308(b) of the Congressional Budget Act ity exists, but whether it will be wisely ad- gan for destroying us . . . was ‘Divide and (CBA). The information included in ministered. Conquer.’ Our American answer is ‘In Union I remain confident in the professionalism there is Strength.’ ’’ We must summon that this report is current through June 1, of our men and women in uniform. They will unity to surmount this crisis—confident that 2020. serve with skill and with compassion. They we are better than our politics. In general, my filing of May 4 estab- will obey lawful orders. But I am less con- Donald Trump is the first president in my lished the following enforceable budg- fident in the soundness of the orders they lifetime who does not try to unite the Amer- will be given by this commander in chief, ican people—does not even pretend to try. etary levels: (1) allocations for fiscal and I am not convinced that the conditions Instead he tries to divide us. We are wit- year 2021 for the Committee on Appro- on our streets, as bad as they are, have risen nessing the consequences of three years of priations; (2) allocations for fiscal to the level that justifies a heavy reliance on this deliberate effort. We are witnessing the years 2021, 2021 through 2025, and 2021 military troops. Certainly, we have not consequences of three years without mature through 2030 for committees other than crossed the threshold that would make it ap- leadership. We can unite without him, draw- propriate to invoke the provisions of the In- ing on the strengths inherent in our civil so- the Committee on Appropriations; (3) surrection Act. ciety. This will not be easy, as the past few aggregate spending levels for fiscal Furthermore, I am deeply worried that as days have shown, but we owe it to our fellow year 2021; (4) aggregate revenue levels they execute their orders, the members of citizens; to past generations that bled to de- for fiscal year 2021, 2021 through 2025, our military will be co-opted for political fend our promise; and to our children. and 2021 through 2030; and (5) aggregate purposes. We can come through this trying time Even in the midst of the carnage we are stronger, and with a renewed sense of pur- levels of outlays and revenue for fiscal witnessing, we must endeavor to see Amer- pose and respect for one another. The pan- years 2021, 2021 through 2025, and 2021 ican cities and towns as our homes and our demic has shown us that it is not only our through 2030 for Social Security. Allo- neighborhoods. They are not ‘‘battle spaces’’ troops who are willing to offer the ultimate cations and aggregates for fiscal year to be dominated, and must never become so. sacrifice for the safety of the community. 2020 were not overridden by this filing We must ensure that African Americans— Americans in hospitals, grocery stores, post indeed, all Americans—are given the same offices, and elsewhere have put their lives on and continue to be enforced under the rights under the Constitution, the same jus- the line in order to serve their fellow citizens fiscal year 2020 deemed budget that was tice under the law, and the same consider- and their country. We know that we are bet- filed on September 9, 2019. ation we give to members of our own family. ter than the abuse of executive authority Our fellow citizens are not the enemy, and that we witnessed in Lafayette Park. We The figures underpinning the new en- must never become so. must reject and hold accountable those in of- forceable levels are based on the discre- Too many foreign and domestic policy fice who would make a mockery of our Con- tionary spending limits set forth in the choices have become militarized; too many stitution. At the same time, we must re- Bipartisan Budget Act of 2019 and military missions have become politicized. member Lincoln’s ‘‘better angels,’’ and listen CBO’s March 2020 baseline, adjusted to This is not the time for stunts. This is the to them, as we work to unite. time for leadership. Only by adopting a new path—which reflect legislation enacted between the means, in truth, returning to the original publication of the baseline and my May IN UNION THERE IS STRENGTH path of our founding ideals—will we again be 4 filing. Enforceable figures in this fil- (By James Mattis) a country admired and respected at home ing exclude the direct budgetary ef- I have watched this week’s unfolding and abroad. fects of provisions in legislation en- events, angry and appalled. The words (At the request of Mr. DURBIN, the acted after the release of the baseline ‘‘Equal Justice Under Law’’ are carved in the following statement was ordered to be pediment of the United States Supreme that were designated as an emergency printed in the RECORD.) pursuant to section 4112 of the fiscal Court. This is precisely what protesters are ∑ Mr. TESTER. Mr. President, I was rightly demanding. It is a wholesome and year 2018 congressional budget resolu- absent when the Senate voted on vote unifying demand—one that all of us should tion, H. Con. Res. 71, 115th Congress. be able to get behind. We must not be dis- number 112 to invoke cloture on Execu- tracted by a small number of lawbreakers. tive Calendar #697, Michael Pack, of Budget Committee Republican staff The protests are defined by tens of thousands Maryland, to be Chief Executive Officer prepared Tables A-G. of people of conscience who are insisting of the Broadcasting Board of Gov- Table A gives the amount by which that we live up to our values—our values as ernors. On vote number 112, had I been each Senate authorizing committee ex- people and our values as a nation. present, I would have voted no on the When I joined the military, some 50 years ceeds or falls below its allocations for ago, I swore an oath to support and defend motion to invoke cloture on Mr. Pack. budget authority and outlays under the the Constitution. Never did I dream that f fiscal year 2020 and fiscal year 2021 troops taking that same oath would be or- VOTE EXPLANATION deemed budget resolutions. This infor- dered under any circumstance to violate the Mr. TESTER. Mr. President, I was Constitutional rights of their fellow citi- mation is used for enforcing committee zens—much less to provide a bizarre photo op absent when the Senate voted on vote allocations pursuant to section 302 of for the elected commander-in-chief, with number 113 to confirm Executive Cal- the CBA. To date, eight committees military leadership standing alongside. endar #697, Michael Pack, of Maryland, are out of compliance with their allo- We must reject any thinking of our cities to be Chief Executive Officer of the cations for fiscal year 2020, however no as a ‘‘battlespace’’ that our uniformed mili- Broadcasting Board of Governors. On tary is called upon to ‘‘dominate.’’ At home, committees have breached their newly vote number 113, had I been present, I released allocations this cycle. we should use our military only when re- would have voted no on the motion to quested to do so, on very rare occasions, by confirm Mr. Pack.∑ Tables B and C provide the amount state governors. Militarizing our response, as by which the Senate Committee on Ap- we witnessed in Washington, D.C., sets up a f conflict—a false conflict—between the mili- BUDGET SCOREKEEPING REPORT propriations is below or exceeds the statutory spending limits. This infor- tary and civilian society. It erodes the moral Mr. ENZI. Mr. President, I rise to ground that ensures a trusted bond between mation is used to determine points of submit to the Senate the budget men and women in uniform and the society order related to the spending caps scorekeeping report for June 2020. This they are sworn to protect, and of which they found in sections 312 and 314 of the themselves are a part. Keeping public order is my first scorekeeping report since I rests with civilian state and local leaders filed the deemed budget resolution for CBA. The tables show that the Appro- who best understand their communities and fiscal year 2021 on May 4, 2020, as re- priations Committee is compliant with are answerable to them. quired by the Bipartisan Budget Act of spending limits for fiscal years 2020 and James Madison wrote in Federalist 14 that 2019, BBA19. The report compares cur- 2021. The figures included in Table C re- ‘‘America united with a handful of troops, or flect advanced and permanent appro- without a single soldier, exhibits a more for- rent-law levels of spending and reve- bidding posture to foreign ambition than nues with the amounts agreed to in priations that have already been en- America disunited, with a hundred thousand BBA19. In the Senate, this information acted but will become available for ob- veterans ready for combat.’’ We do not need is used to determine whether budg- ligation in fiscal year 2021.

VerDate Sep 11 2014 08:15 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.034 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2727 Tables D and E display figures re- There being no objection, the mate- TABLE B.—SENATE APPROPRIATIONS COMMITTEE—EN- lated to limits on the use of changes in rial was ordered to be printed in the ACTED REGULAR DISCRETIONARY APPROPRIATIONS 1— mandatory programs, CHIMPs in ap- RECORD, as follows: Continued propriations bills. These $15 billion [Budget authority, in millions of dollars] limits, found in the fiscal year 2018 TABLE A.—SENATE AUTHORIZING COMMITTEES—ENACTED budget resolution for fiscal year 2020 DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET 2020 and section 207 of BBA19 for fiscal year RESOLUTIONS Security 2 Nonsecurity 2 [In millions of dollars] 2021, currently show the Appropriations Total Enacted Above (+) or Below Committee in compliance. (¥) Statutory Limits ...... 0 0 2020 2021 2021– 2021– Tables F and G provide the amount 2025 2030 This table is current through June 1, 2020. of budget authority enacted for 2020 1 This table excludes spending pursuant to adjustments to the discre- Agriculture, Nutrition, and For- tionary spending limits. These adjustments are allowed for certain purposes and 2021, respectively, that have been estry in section 251(b)(2) of BBEDCA. designated as either for an emergency Budget Authority ...... 10,430 0 0 0 2 Security spending is defined as spending in the National Defense budg- Outlays ...... 10,430 0 0 0 et function (050) and nonsecurity spending is defined as all other spending. or for overseas contingency operations, Armed Services OCO, pursuant to section 251(b)(2)(A) of Budget Authority ...... 32 0 0 0 Outlays ...... 35 0 0 0 TABLE C.—SENATE APPROPRIATIONS COMMITTEE— the Balanced Budget and Emergency Banking, Housing, and Urban ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 Deficit Control Act of 1985, as amended. Affairs Budget Authority ...... 169 0 0 0 [Budget authority, in millions of dollars] Funding that receives either of these Outlays ...... 169 0 0 0 designations results in cap adjustments Commerce, Science, and 2021 Transportation to enforceable discretionary spending Budget Authority...... 7 0 0 0 Security 2 Nonsecurity 2 limits. There is no limit on either Outlays ...... 7 0 0 0 Energy and Natural Resources Statutory Discretionary Limits ...... 671,500 626,500 emergency or OCO spending; however, Budget Authority...... 0 0 0 0 Amount Provided by Senate Appropriations Subcommittee any Senator may challenge the des- Outlays ...... 0 0 0 0 Agriculture, Rural Development, and ignation with a point of order to strike Environment and Public Works Related Agencies ...... 0 7 Budget Authority ...... 8,058 0 0 0 Commerce, Justice, Science, and Re- the designation on the floor. Outlays ...... 415 0 0 0 lated Agencies ...... 0 0 In addition to the tables provided by Finance Defense ...... 45 0 Budget Authority ...... 50,913 0 0 0 Energy and Water Development ...... 0 0 Budget Committee Republican staff, I Outlays ...... 49,452 0 0 0 Financial Services and General Govern- am submitting CBO tables which I will Foreign Relations ment ...... 0 0 Budget Authority...... 2 0 0 0 Homeland Security ...... 0 9 use to enforce budget totals approved Outlays ...... 37 0 0 0 Interior, Environment, and Related by Congress. Homeland Security and Gov- Agencies ...... 0 0 ernmental Affairs Labor, Health and Human Services, Because legislation can still be en- Budget Authority...... 0 0 0 0 Education, and Related Agencies .... 0 24,679 Outlays ...... 0 0 0 0 Legislative Branch ...... 0 1 acted that would have an effect on fis- Judiciary Military Construction, Veterans Affairs, cal year 2020, CBO provided spending Budget Authority ...... 12 0 0 0 and Related Agencies ...... 0 83,233 Outlays ...... 12 0 0 0 State, Foreign Operations, and Related and revenue reports for both fiscal year Health, Education, Labor, and Programs ...... 0 0 2020 and fiscal year 2021. This informa- Pensions Transportation and Housing and Urban Budget Authority ...... ¥720 0 0 0 Development, and Related Agencies 0 4,400 tion is used to enforce aggregate spend- Outlays ...... ¥997 0 0 0 ing levels in budget resolutions under Rules and Administration Current Level Total ...... 45 112,329 Budget Authority...... 0 0 0 0 Total Enacted Above (+) or Below CBA section 311. CBO’s estimates show Outlays ...... 0 0 0 0 (¥) Statutory Limits ...... ¥671,455 ¥514, 171 that current levels of spending for fis- Intelligence Budget Authority...... 0 0 0 0 This table is current through June 1, 2020. cal year 2020 exceed amounts in last Outlays ...... 0 0 0 0 1 This table excludes spending pursuant to adjustments to the discre- year’s budget resolution by $68.6 billion Veterans’ Affairs tionary spending limits. These adjustments are allowed for certain purposes Budget Authority...... 0 0 0 0 in section 251(b)(2) of BBEDCA. in budget authority and $55.1 billion in Outlays ...... 0 0 0 0 2 Security spending is defined as spending in the National Defense budg- outlays, 2020, Tables 1–2. Revenues are Indian Affairs et function (050) and nonsecurity spending is defined as all other spending. Budget Authority...... 0 0 0 0 $114.8 billion below the revenue floor. Outlays ...... 0 0 0 0 As well, Social Security outlays are at Small Business TABLE D.—SENATE APPROPRIATIONS COMMITTEE—EN- Budget Authority...... 0 0 0 0 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS levels assumed for 2020, while Social Outlays ...... 0 0 0 0 Security revenues are $16 million above (CHIMPS) Total [Budget authority, millions of dollars] levels assumed in budget. Budget Authority ... 68,903 0 0 0 Outlays ...... 59,560 0 0 0 For fiscal year 2021, the current law 2020 levels are $1,180.0 billion and $667.8 bil- This table is current through June 1, 2020. This table tracks the spending lion in budget authority and outlays, effects of legislation enacted compared to allowable levels. Each authorizing CHIMPS Limit for Fiscal Year 2020 ...... 15,000 committee’s initial 2020 allocation can be found in the Senate Budget Com- Senate Appropriations Subcommittees respectively, below allowable levels, mittee Chairman’s Congressional Record filing on September 9, 2019. Initial Agriculture, Rural Development, and Related Agencies 0 2021, Tables 1–2. This spending room allocations for the 2021, 2021–2025, and 2021–2030 periods can be found Commerce, Justice, Science, and Related Agencies ...... 5,737 in the Chairman’s May 4, 2020 filing. Defense ...... 0 will be spent down as regular appro- Energy and Water Development ...... 0 priations bills are enacted for fiscal TABLE B.—SENATE APPROPRIATIONS COMMITTEE— Financial Services and General Government ...... 0 1 Homeland Security ...... 0 year 2021. Revenues and Social Secu- ENACTED REGULAR DISCRETIONARY APPROPRIATIONS Interior, Environment, and Related Agencies ...... 0 rity levels are at the levels assumed by [Budget authority, in millions of dollars] Labor, Health and Human Services, Education, and Re- lated Agencies ...... 9,263 the fiscal year 2021 deemed budget. Legislative Branch ...... 0 CBO’s report also provides information 2020 Military Construction, Veterans Affairs, and Related 2 2 Agencies ...... 0 needed to enforce the Senate pay-as- Security Nonsecurity State, Foreign Operations, and Related Programs ...... 0 you-go, PAYGO, rule, 2021, Table 3. Transportation, Housing and Urban Development, and Statutory Discretionary Limits ...... 666,500 621,500 Related Agencies ...... 0 This rule is enforced under section 4106 Amount Provided by Senate Appropriations Subcommittee of the 2018 budget resolution. The Agriculture, Rural Development, and Current Level Total ...... 15,000 scorecard stands at zero for all enforce- Related Agencies ...... 0 23,493 Total CHIMPS Above (+) or Below (¥) Budget Commerce, Justice, Science, and Re- Resolution ...... 0 able levels consistent with the filing of lated Agencies ...... 5,695 64,980 newly deemed budget levels. Defense ...... 622,522 143 This table is current through June 1, 2020. Energy and Water Development ...... 24,250 24,093 This submission also includes a table Financial Services and General Govern- TABLE E.—SENATE APPROPRIATIONS COMMITTEE—EN- tracking the Senate’s budget enforce- ment ...... 35 23,793 Homeland Security ...... 2,383 48,085 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS ment activity on the floor since the en- Interior, Environment, and Related (CHIMPS) forcement filing on May 4, 2020. Since Agencies ...... 0 35,989 Labor, Health and Human Services, [Budget authority, millions of dollars] that filing, no points of order have Education, and Related Agencies .... 0 183,042 been raised. Legislative Branch ...... 0 5,049 2021 Military Construction, Veterans Affairs, All years in the accompanying tables and Related Agencies ...... 11,315 92,171 CHIMPS Limit for Fiscal Year 2021 ...... 15,000 State, Foreign Operations, and Related are fiscal years. Programs ...... 0 46,685 Senate Appropriations Subcommittees I ask unanimous consent that the ac- Transportation and Housing and Urban Agriculture, Rural Development, and Related Agencies 0 Development, and Related Agencies 300 73,977 Commerce, Justice, Science, and Related Agencies ...... 0 companying tables be printed in the Defense ...... 0 RECORD. Current Level Total ...... 666,500 621,500 Energy and Water Development ...... 0

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.013 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2728 CONGRESSIONAL RECORD — SENATE June 4, 2020 TABLE E.—SENATE APPROPRIATIONS COMMITTEE—EN- 1 Security spending is defined as spending in the National Defense budg- Coronavirus Preparedness & Response Sup- et function (050) and nonsecurity spending is defined as all other spending. ACTED CHANGES IN MANDATORY SPENDING PROGRAMS 2 The Additional Supplemental Appropriations for Disaster Relief Act, 2019 plemental Appropriation Act, 2020 (P.L. 116– (CHIMPS)—Continued was enacted after the publication of CBO’s May 2019 baseline but before 123); the Senate Budget Committee Chairman published the deemed budget reso- [Budget authority, millions of dollars] lution for 2020 in the Congressional Record. Pursuant to the Bipatisan Families First Coronavirus Response Act Budget Act of 2019, the budgetary effects of this legislation have been in- (P.L. 116–127); 2021 corporated into the current level as previously enacted funds. A bill to make technical corrections to the Financial Services and General Government ...... 0 Homeland Security ...... 0 TABLE G.—SENATE APPROPRIATIONS COMMITTEE—EN- Guam World War II Loyalty Recognition Act Interior, Environment, and Related Agencies ...... 0 ACTED EMERGENCY AND OVERSEAS CONTINGENCY OP- (P.L. 116–132); Labor, Health and Human Services, Education, and Re- lated Agencies ...... 0 ERATIONS SPENDING Coronavirus Aid, Relief, and Economic Se- Legislative Branch ...... 0 [Budget authority, millions of dollars] Military Construction, Veterans Affairs, and Related curity Act (P.L. 116–136) Agencies ...... 0 Paycheck Protection Program and Health State, Foreign Operations, and Related Programs ...... 0 2021 Transportation, Housing and Urban Development, and Care Enhancement Act (P.L. 116–139); and, Related Agencies ...... 0 Emergency and Overseas Con- Emergency Overseas Contin- tingency Operations Des- gency Operations Student Veteran Coronavirus Response Act Current Level Total ...... 0 ignated Spending Non- Non- of 2020 (P.L. 116–140) Total CHIMPS Above (+) or Below (¥) Budget Secu- Secu- ¥ securi- securi- Sincerely, Resolution ...... 15,000 rity 1 rity 1 ty 1 ty 1 PHILLIP L. SWAGEL, This table is current through June 1, 2020. Director. Current Level Total ...... 0 0 0 0 Enclosure. TABLE F.—SENATE APPROPRIATIONS COMMITTEE—EN- This table is current through June 1, 2020. ACTED EMERGENCY AND OVERSEAS CONTINGENCY OP- 1 Security spending is defined as spending in the National Defense budg- ERATIONS SPENDING et function (050) and nonsecurity spending is defined as all other spending. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- [Budget authority, millions of dollars] U.S. CONGRESS, ING AND REVENUES FOR FISCAL YEAR 2020, AS OF CONGRESSIONAL BUDGET OFFICE, JUNE 1, 2020 2020 Washington, DC, June 4, 2020. [In billions of dollars] Overseas Contin- Hon. MIKE ENZI, Emergency and Overseas Con- Emergency gency Operations Chairman, Committee on the Budget, Current tingency Operations Des- Level ignated Spending U.S. Senate, Washington, DC. Budget Current Non- Non- Over/Under Secu- Secu- Resolution Level ¥ securi- securi- DEAR MR. CHAIRMAN: The enclosed report ( ) rity 1 rity 1 Resolution ty 1 ty 1 shows the effects of Congressional action on Additional Supplemental Ap- the fiscal year 2020 budget and is current On-Budget propriations for Disaster through June 1, 2020. This report is sub- Budget Authority ...... 4,318.8 4,387.4 68.6 Relief Act, 2019 (P.L. 116– mitted under section 308(b) and in aid of sec- Outlays ...... 3,947.1 4,002.2 55.1 20) 2 ...... 0 8 0 0 Revenues ...... 2,740.5 2,625.7 ¥114.8 Consolidated Appropriations tion 311 of the Congressional Budget Act, as Off-Budget Act, 2020 (P.L. 116–93) ..... 1,771 0 70,855 0 amended. a Further Consolidated Appro- Social Security Outlays 961.2 961.2 0.0 priations Act, 2020 (P.L. The estimates of budget authority, out- Social Security Revenues 940.4 940.4 0.0 116–94) ...... 6,229 535 645 8,000 United States-Mexico-Canada lays, and revenues are consistent with the Source: Congressional Budget Office. Agreement Implementation allocations, aggregates, and other budgetary a Excludes administrative expenses paid from the Federal Old-Age and Act (P.L. 116–113) ...... 0 843 0 0 levels printed in the Congressional Record on Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Families First Coronavirus Re- Fund of the Social Security Administration, which are off-budget, but are sponse Act (P.L. 116–127) 82 2,389 0 0 September 9, 2019, pursuant to section 204 of appropriated annually. Coronavirus Aid, Relief, and the Bipartisan Budget Act of 2019 (Public Economic Security (CARES) Act (P.L. 116–136) ...... 10,525 319,158 0 0 Law 116–37). Paycheck Protection Program Since our last letter dated February 21, and Health Care Enhance- ment Act (P.L. 116–139) .... 0 162,100 0 0 2020, the Congress has cleared and the Presi- dent has signed the following legislation Current Level Total ...... 18,607 485,033 71,500 8,000 that has significant effects on budget au- This table is current through June 1, 2020. thority and outlays in fiscal year 2020: TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2020, AS OF JUNE 1, 2020 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted ab Revenues ...... n.a. n.a. 2,740,538 Permanents and other spending legislation ...... 2,397,769 2,309,887 n.a. Authorizing and Appropriation legislation ...... 0 595,528 0 Offsetting receipts ...... ¥954,573 ¥954,573 n.a. Total, Previously Enacted ...... 1,443,196 1,950,842 2,740,538 Enacted Legislation Authorizing Legislation Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Div. B, P.L. 116–59) ...... 693 667 0 Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 (Div. B, P.L. 116–69) ...... 8,058 415 0 Women’s Suffrage Centennial Commemorative Coin Act (P.L. 116–71) ...... ¥2 ¥2 0 Fostering Undergraduate Talent by Unlocking Resources for Education Act (P.L. 116–91) ...... ¥720 ¥997 0 National Defense Authorization Act for Fiscal Year 2020 (P.L. 116–92) ...... 32 35 1 Further Consolidated Appropriations Act, 2020 (Div. I–K, M–Q, P.L. 116–94) ...... 8,360 6,720 ¥34,449 United States-Mexico-Canada Agreement Implementation Act (P.L. 116–113) ...... ¥19 ¥9 10 Coronavirus Preparedness & Response Supplemental Appropriation Act, 2020 (P.L. 116–123) ...... 110 110 0 Families First Coronavirus Response Act (P.L. 116–127) ...... 53,072 53,276 ¥80,388 A bill to make technical corrections to the Guam World War II Loyalty Recognition Act (P.L. 116–132) ...... 12 12 0 Coronavirus Aid, Relief, and Economic Security Act (P.L. 116–136) ...... 329,501 98,680 0 Subtotal, Authorizing Legislation ...... 399,097 158,907 ¥114,826 Appropriation Legislation ab Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Div. A, P.L. 116–59) c ...... 0 128 0 Consolidated Appropriations Act, 2020 (P.L. 116–93) ...... 884,979 530,980 0 Further Consolidated Appropriations Act, 2020 (Div. A–H, P.L. 116–94) d ...... 1,585,345 1,239,739 0 United States-Mexico-Canada Agreement Implementation Act (Title IX, P.L. 116–113) ...... 843 334 0 Coronavirus Preparedness & Response Supplemental Appropriation Act, 2020 (P.L. 116–123) ...... 7,767 1,041 0 Families First Coronavirus Response Act (P.L. 116–127) ...... 2,471 843 0 Paycheck Protection Program and Health Care Enhancement Act (P.L. 116–139) ...... 162,100 113,132 0 Subtotal, Appropriation Legislation ...... 2,643,505 1,886,197 0 Total, Enacted Legislation e ...... 3,042,602 2,045,104 ¥114,826 Entitlements and Mandatories ...... ¥98,431 6,242 0 Total Current Level be ...... 4,387,367 4,002,188 2,625,712 Total Senate Resolution e ...... 4,318,804 3,947,105 2,740,538 Current Level Over Senate Resolution ...... 68,563 55,083 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 114,826 Source: Congressional Budget Office.

VerDate Sep 11 2014 08:24 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.038 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2729 n.a. = not applicable; P.L. = public law. a Sections 1001–1004 of the 21st Century Cures Act (P.L. 114–255) require that certain funding provided for 2017 through 2026 to the Department of Health and Human Services—in particular the Food and Drug Administration and the National Institutes of Health—be excluded from estimates for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Deficit Control Act) and the Congressional Budget and Impoundment Control Act of 1974 (Congressional Budget Act). Therefore, the amounts shown in this report do not include $567 million in budget authority and $798 million in estimated outlays. b For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the aggregate spending and revenue levels for 2020 published in the Congressional Record on September 9, 2019, by the Chairman of the Senate Committee on the Budget pursuant to section 204 of the Bipartisan Budget Act of 2019 (P.L. 116–37) do not include budget authority, outlays, or revenues for off-budget amounts. As a result, amounts in this current level report do not include those items. c Section 124 of the Continuing Appropriations Act, 2020 (division A of P.L. 116–59), appropriated funding for the Ukraine Security Assistance Initiative (within the jurisdiction of the Subcommittee on Defense) and designated those amounts as funding for overseas contingency operations. That provision took effect upon enactment on September 27, 2019. d In consultation with the House and Senate Committees on the Budget and the Office of Management and Budget, rescissions of emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for certain budgetary enforcement purposes. These amounts, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Further Consolidated Appropriations Act, 2020 (Division H, P.L. 116–94) ...... ¥7 0 0

e Spending and Revenue effects designated as an emergency pursuant to Section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, does not count for certain budgetary enforcement purposes in the Senate. These amounts, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Coronavirus Aid, Relief, and Economic Security Act (P.L. 116–136) ...... 1,442,111 927,876 ¥568,425 Paycheck Protection Program and Health Care Enhancement Act (P.L. 116–139) ...... 321,335 321,335 0 Student Veteran Coronavirus Response Act of 2020 (P.L. 116–140) ...... 5 5 0 Total ...... 1,763,451 1,249,216 ¥568,425

f Section 204 of the Bipartisan Budget Act of 2019 requires the Chairman of the Senate Committee on the Budget to publish the aggregate spending and revenue levels for fiscal year 2020; those aggregate levels were first published in the Congressional Record on September 9, 2019. The Chairman of the Senate Committee on the Budget has the authority to revise the budgetary aggregates for the budgetary effects of certain revenue and spending measures pursuant to the Congressional Budget Act of 1974 and H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, as updated by the Bipartisan Budget Act of 2019. Authority Outlays Revenues

Original Aggregates printed on September 9, 2019 ...... 3,703,553 3,680,696 2,740,538 Revisions: Adjustment for P.L. 116–59, Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 ...... 693 795 0 Adjustment for P.L. 116–69, Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019 ...... 4,750 4,050 0 Adjustment for P.L. 116–93, Consolidated Appropriations Act, 2020, and P.L. 116–94, Further Consolidated Appropriations Act, 2020 ...... 107,126 47,534 0 Adjustment for P.L. 116–113, United States-Mexico-Canada Agreement Implementation Act ...... 843 334 0 Adjustment for P.L. 116–113, Second Coronavirus Preparedness & Response Supplemental Appropriation Act, 2020, and Implementation Act ...... 7,767 1,041 0 Adjustment for P.L. 116–127, Families First Coronavirus Response Act, and P.L. 116–136, the CARES Act, and P.L. 116–139, Paycheck Protection Program and Health Care Enhancement Act ...... 494,072 212,655 0 Revised Senate Resolution ...... 4,318,804 3,947,105 2,740,538

U.S. CONGRESS, This is CBO’s first current level report for TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- CONGRESSIONAL BUDGET OFFICE, fiscal year 2021. ING AND REVENUES FOR FISCAL YEAR 2021, AS OF Washington, DC, June 4, 2020. Sincerely, JUNE 1, 2020—Continued Hon. MIKE ENZI, PHILLIP L. SWAGEL, [In billions of dollars] Chairman, Committee on the Budget, Director. U.S. Senate, Washington, DC. Enclosure. Current DEAR MR. CHAIRMAN: The enclosed report Level shows the effects of Congressional action on Budget Current Over/Under TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Resolution Level the fiscal year 2021 budget and is current (¥) through June 1, 2020. This report is sub- ING AND REVENUES FOR FISCAL YEAR 2021, AS OF Resolution mitted under section 308(b) and in aid of sec- JUNE 1, 2020 Revenues ...... 2,800.4 2,800.4 0.0 tion 311 of the Congressional Budget Act, as [In billions of dollars] OFF-BUDGET: amended. Social Security Outlays a 1,016.3 1,016.3 0.0 The estimates of budget authority, out- Current Social Security Revenues 1,001.1 1,001.1 0.0 Level lays, and revenues are consistent with the Budget Current Source: Congressional Budget Office. Resolution Level Over/Under allocations, aggregates, and other budgetary (¥) a Excludes administrative expenses paid from the Federal Old-Age and levels printed in the Congressional Record on Resolution Survivors Insurance Trust Fund and the Federal Disability Insurance Trust May 4, 2020, pursuant to section 205 of the Bi- Fund of the Social Security Administration, which are off-budget, but are ON-BUDGET: appropriated annually. partisan Budget Act of 2019 (Public Law 116– Budget Authority ...... 3,832.2 2,652.2 ¥1,180.0 37). Outlays ...... 4,008.7 3,340.9 ¥667.8 TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2021, AS OF JUNE 1, 2020 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted: abc Revenues ...... n.a. n.a. 2,800,378 Permanents and other spending legislation ...... 2,509,325 2,416,969 n.a. Authorizing and Appropriation legislation ...... 0 810,690 0 Offsetting receipts ...... ¥1,029,908 ¥1,030,145 n.a.

Total, Previously Enacted ...... 1,479,417 2,197,514 2,800,378 Total, Enacted Legislation ...... 0 0 0 Entitlements and Mandatories ...... 1,172,808 1,143,371 0 Total Current Level bc ...... 2,652,225 3,340,885 2,800,378 Total Senate Resolution d ...... 3,832,200 4,008,705 2,800,378 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... 1,179,975 667,820 n.a. Memorandum: Revenues, 2021–2030 Senate Current Level ...... n.a. n.a. 35,724,078 Senate Resolution c ...... n.a. n.a. 35,724,078

Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. n.a. Source: Congressional Budget Office. n.a. = not applicable; P.L. = public law. a Sections 1001–1004 of the 21st Century Cures Act (P.L. 114–255) require that certain funding provided for 2017 through 2026 to the Department of Health and Human Services—in particular the Food and Drug Administration and the National Institutes of Health—be excluded from estimates for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Deficit Control Act) and the Congressional Budget and Impoundment Control Act of 1974 (Congressional Budget Act). Therefore, the amounts shown in this report do not include $646 million in estimated prior outlays. b For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the aggregate spending and revenue levels for 2021 published in the Congressional Record on May 4, 2020, by the Chairman of the Senate Com- mittee on the Budget pursuant to section 205 of the Bipartisan Budget Act of 2019 (P.L. 116–37) do not include budget authority, outlays, or revenues for off-budget amounts. As a result, amounts in this current level report do not in- clude those items. c Current level excludes $68,534 million in budget authority, $72,977 in estimated outlays and all revenue effects resulting from funds designated as an emergency pursuant to Section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. d Section 205 of the Bipartisan Budget Act of 2019 requires the Chair of the Senate Committee on the Budget to publish the aggregate spending and revenue levels for fiscal year 2021; those aggregate levels were first published in the Congressional Record on May 4, 2020. The Chair of the Senate Committee on the Budget has the authority to revise the budgetary aggregates for the budgetary effects of certain revenue and spending measures pursuant to the Con- gressional Budget Act of 1974 and H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, as updated by the Bipartisan Budget Act of 2019:

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Budget Authority Outlays Revenues

Original Aggregates Printed on May 4, 2020: ...... 3,832,200 4,008,705 2,800,378

TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO a On May 4, 2020, the Chairman of the Senate Committee on the Budget reset the Senate’s Pay-As-You-Go Scorecard to zero for all fiscal years. SCORECARD AS OF JUNE 1, 2020 SCORECARD AS OF JUNE 1, 2020—Continued b The amounts shown represent the estimated effect of the public laws on [In millions of dollars] [In millions of dollars] the deficit. c Excludes off-budget amounts. 2020 2021 2020– 2020– 2020– 2020– 2025 2030 2020 2021 2025 2030

Beginning Balance a ...... 0 0 0 0 Impact on Deficit ...... * * * * Enacted Legislation: bc Total Change in Outlays * * * * Uyghur Human Rights Total Change in Reve- Policy Act of 2020 (S. nues ...... * * * * 3744) ...... * * * * Source: Congressional Budget Office. * * * * * = between ¥$500,000 and $500,000. ENFORCEMENT REPORT OF POINTS OF ORDER RAISED SINCE THE FY 2021 ENFORCEMENT FILING

Vote Date Measure Violation Motion to Waive Result

Not Applicable

REMEMBERING MILELE CHIKASA founder of the Madison Black Chamber article that was published in the Miami ANANA of Commerce, building its directory of Herald, ‘‘These Miami special ed teach- Ms. BALDWIN. Mr. President, today Black-owned business and establishing ers brought the party to students on I wish to honor the life and legacy of Black Restaurant Week. She has been the last day of school.’’ I commend Ms. Milele Chikasa Anana, who passed an active member and mentor to many Coco-Molina and Ms. Lara for their away on May 6, 2020, at the age of 86. organizations including the Delta dedication to Florida’s students, and An activist, businesswoman, public Sigma Theta Sorority Alumni Chapter, the memories they created that will servant, publisher, mentor, and the Greater Madison Urban League, never be forgotten. change-maker, she was a dynamic force NAACP of Dane County, and Mt. Zion The material follows: in Madison for over 50 years, helping to Baptist Church. [June 3, 2020] shape the community for the better Milele Chikasa Anana is perhaps best THESE MIAMI SPECIAL ED TEACHERS BROUGHT and light the torch of many young known for her leadership of UMOJA THE PARTY TO STUDENTS ON LAST DAY OF leaders working to improve the lives of Magazine, Wisconsin’s oldest black SCHOOL the city’s African-American commu- magazine. From 1990 to 2018, Milele (By Colleen Wright) nity. served as editor and publisher, growing Special education teachers Jen Coco- Milele was born and raised in Okla- it from a 2-page newsletter to a 52-page Molina and Jacquelyn Lara couldn’t have their last day of school party at South homa, went to college in Alabama and monthly publication. Milele used UMOJA to celebrate the accomplish- Miami Senior High as usual, so they brought Indiana, and lived in Boston before the party to their students. making Madison, WI, her home in 1968 ments and showcase the good deeds of They pulled up in front of Cristin Baez- with her husband Jim. By that time, Black leaders, community members, Alvarez’s apartment building blasting she had started a career in computer business owners, and youth. Cristin’s favorite song. From the ‘‘mobile technology and worked for the NAACP, Yet, despite these significant accom- party’’ in Coco-Molina’s trunk, the teachers organizing in Boston for the edu- plishments, ‘‘Ms. Milele’’ or ‘‘Mother pulled out a goody bag just for 15-year-old Cristin: M&Ms, a daisy pen, a Disney Puppy cational rights of Black students. Milele,’’ as many called her, will be re- membered most dearly as a dedicated Dog Pals coloring book and a smile balloon Milele continued to develop her civic on a stick. engagement and leadership in her early mentor. Many influential African ‘‘It’s a happy balloon, like you, always years in Madison when she was elected Americans have credited her with dem- smiling,’’ said Lara. to the Madison School Board in 1974. onstrating the passion and persuasion Cristin took the goody bag and a bite out She was the first African American to that led to their success as leaders. of a red frosted Publix cupcake. She’s non- verbal, but her unflinching frosting-stained serve on a school board anywhere in Countless others looked to her as a role model who inspired them to join the smile said it all. And what she couldn’t ex- the State. press, her mother said in Spanish. In another first—also in 1974—Milele fight for equal rights. While small in stature, Milele leaves ‘‘She’s emotional. She’s afraid that when became the first African-American af- she goes back upstairs, she’ll start crying,’’ firmative action officer for the city of behind an enormous legacy. As a moth- mom Cristina Baez told Lara. Madison, a post she would hold for 5 er of 5, grandmother of 13, and great Like Coco-Molina and Lara, teachers ev- years. Under her determined and stead- grandmother of 4, her character lives erywhere have been adapting since the on as the matriarch of a loving family. coronavirus pandemic catapulted them into fast advocacy, the city made signifi- Her tenacity and determination live on online distance learning March 13. Wednes- cant changes to its hiring practices to in each young person she encouraged day was unceremoniously the last day of better recruit and hire candidates of and each leader she challenged to do school for Miami-Dade County Public color, particularly in the police depart- Schools. better. I know I will think of Milele ment. She also addressed the lack of di- But the pair couldn’t let the school year every time I see the pride of accom- versity on the city’s boards and com- end like this. Coco-Molina teaches math and plishment in a young African-Amer- missions, bringing new perspective to Lara teaches English and science to 11 ninth- ican woman’s eyes. and tenth-graders with varying disabilities. bodies that were at the time dominated I consider myself lucky to have All but one of the students they visited by White men. Milele established the known Milele, and I am grateful that Wednesday will have a different pair of Women’s Issues Committee and the Mi- the depth of her spirit will continue to teachers next year. nority Affairs Committee, giving em- ‘‘We’re their second moms,’’ said Coco- guide Madison toward a brighter, more ployees of color and female employees Molina. ‘‘We’re not just their teachers.’’ just future. a greater voice. She was known to call Coco-Molina’s trunk was draped with a out city leaders when she saw injustice f green plastic tablecloth. There were tur- quoise and pink paper lanterns, shiny or inadequate progress and kept them ADDITIONAL STATEMENTS streamers, and a letter board read ‘‘Enjoy focused on the mission of her agency. your summer.’’ Next to the goody bags were Her impact as affirmative action office cupcakes for the students, mini cupcakes for is far-reaching to this very day. TRIBUTE TO JEN COCO-MOLINA their families. Later in her career, Milele worked as AND JAQUELYN LARA TEACHERS GET A SURPRISE interim director of the Madison Equal ∑ Mr. RUBIO. Mr. President, I would Max Ortiz waited on his front porch for his Opportunities Commission and was a like to have printed in the RECORD an teachers with a surprise of his own. His

VerDate Sep 11 2014 08:15 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.042 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2731 mother made summer-themed gift bags for It continues to preserve our role as the accompanying papers, reports, and doc- each teacher with beach bags, metal tum- world’s leader in commerce and thou- uments, and were referred as indicated: blers and makeup wipes. sands of precious jobs for our American EC–4698. A communication from the Direc- And he had assignment packets to turn in citizens. When it comes to the Jones tor of the Regulatory Management Division, to each teacher. Environmental Protection Agency, transmit- The 16-year-old dashed up to the car. ‘‘Hi Act, there is an overwhelming sense of pride from the American people, espe- ting, pursuant to law, the report of a rule en- miss! How you doing?’’ he said as he took a titled ‘‘Air Plan Approval; California; Mo- vanilla cupcake. ‘‘I’ve been good, miss. It’s cially from Mississippians. jave Desert Air Quality Management Dis- been a while.’’ Mississippi has a long and storied trict’’ (FRL No. 10006–63–Region 9) received ‘‘You have been an ideal student,’’ Lara shipbuilding tradition of which we are in the Office of the President of the Senate said through tears. ‘‘I wish I could have you very proud. Mississippi is home to mul- on May 4, 2020; to the Committee on Envi- as a student for the rest of your life.’’ tiple shipyards that continue to grow ronment and Public Works. Coco-Molina couldn’t hold back, either. domestic jobs exponentially, increase EC–4699. A communication from the Direc- ‘‘He came to us as a boy, and now he’s a overall positive economic impact, and tor of the Regulatory Management Division, freaking man,’’ she said. ‘‘He always needed Environmental Protection Agency, transmit- our approval and now he’s so independent.’’∑ produce a multitude of vessels to for- ting, pursuant to law, the report of a rule en- tify national security and commerce. f titled ‘‘Air Plan Approval; Florida; 2010 1- With more than 13,000 domestic mari- Hour SO2 NAAQS Transport Infrastructure’’ TRIBUTE TO LAYLA EICHLER time jobs, Mississippi ranks 15th in the (FRL No. 10007–99–Region 4) received in the ∑ Nation for jobs related to the domestic Office of the President of the Senate on May Mr. DAINES. Mr. President, this 4, 2020; to the Committee on Environment week I have the honor of recognizing maritime industry. In addition, Mississippi ranks second and Public Works. Layla Eichler of Jefferson County for EC–4700. A communication from the Direc- nationwide in per capita shipyard jobs, her passion for helping others build tor of the Regulatory Management Division, better lives. meaning that one out of every 75 Mis- Environmental Protection Agency, transmit- Layla Eichler is a treatment coordi- sissippians has a job directly or indi- ting, pursuant to law, the report of a rule en- nator for the First Judicial District rectly related to the shipyard industry. titled ‘‘Air Plan Approval; Missouri; Re- When looking at the total economic moval of Control of Emissions from the Ap- Treatment Court. Layla travels all plication of Automotive Underbody Dead- across Montana to work with judges impact from domestic maritime activ- ity, Mississippi accounts for more than eners’’ (FRL No. 10008–22–Region 7) received and their staff to create positive life in the Office of the President of the Senate $3 billion annually. It is sufficient to changes for those who are suffering on May 4, 2020; to the Committee on Envi- from substance dependency and sub- say Mississippi is one of many States ronment and Public Works. stance abuse. that continues to reap and sow the re- EC–4701. A communication from the Direc- tor of the Regulatory Management Division, Layla has been a passionate leader of wards of the Jones Act. Mr. President, there are more than Environmental Protection Agency, transmit- her team since 2015, providing activi- 40,000 vessels in America’s domestic ting, pursuant to law, the report of a rule en- ties, resources, and kindness for par- fleet, which is one of the largest in the titled ‘‘Air Plan Approval; Nebraska; Ap- ticipants in her program. Most impor- proval of State Implementation’’ (FRL No. world. The domestic maritime industry tantly, she dedicates her time building 10008–54–Region 7) received in the Office of accounts for 648,220 jobs, $41.6 billion in a community for those impacted by the the President of the Senate on May 4, 2020; to labor compensation, $154.8 billion in vicious cycle of addiction. Layla sac- the Committee on Environment and Public economic output, $72.4 billion in value Works. rifices her personal time and money to added, and $16.8 billion in taxes. EC–4702. A communication from the Direc- create activities for participants to The Jones Act is an integral part of tor of the Regulatory Management Division, enjoy and try something new. For ex- our Nation’s success, and I am proud to Environmental Protection Agency, transmit- ample, every week she hikes a new lo- ting, pursuant to law, the report of a rule en- recognize its longstanding contribu- cation with the participants. titled ‘‘Air Plan Approval; New Mexico; tions to our Nation and to advocate for Since December of 2019, the number Interstate Transport Requirements for the its continued influence in the decades of graduates through her program has 2008 Ozone NAAQS’’ (FRL No. 10007–85–Re- to come. ∑ reached close to 40. The number of gion 6) received in the Office of the President f of the Senate on May 4, 2020; to the Com- drug-free babies born has increased mittee on Environment and Public Works. from 11 to 13. Four GEDs have been ob- MESSAGE FROM THE HOUSE EC–4703. A communication from the Direc- tained. Seven have enrolled in college ENROLLED BILLS SIGNED tor of the Regulatory Management Division, Environmental Protection Agency, transmit- or graduated. At 2:30 p.m., a message from the The lives Layla has touched have ting, pursuant to law, the report of a rule en- House of Representatives, delivered by titled ‘‘Air Plan Approval; Washington; been made better by her unrelenting Mrs. Cole, one of its reading clerks, an- dedication to see her participants suc- Wallula Second 10-Year Maintenance Plan’’ nounced that the Speaker has signed (FRL No. 10007–28–Region 10) received in the ceed. the following enrolled bills: Office of the President of the Senate on May It is my honor to recognize Layla for S. 2746. An act to require the Director of 4, 2020; to the Committee on Environment her selfless efforts to support her fel- the Federal Bureau of Investigation to pro- and Public Works. low Montanans to build better lives for vide information on suicide rates in law en- EC–4704. A communication from the Direc- themselves, their families, and their forcement, and for other purposes. tor of the Regulatory Management Division, communities.∑ S. 3414. An act to authorize major medical Environmental Protection Agency, transmit- facility projects for the Department of Vet- ting, pursuant to law, the report of a rule en- f erans Affairs for fiscal year 2020, and for titled ‘‘Approval and Air Quality Implemen- RECOGNIZING THE JONES ACT other purposes. tation Plans; New Jersey; Infrastructure SIP for Interstate Transport Requirements for 100TH ANNIVERSARY S. 3744. An act to condemn gross human rights violations of ethnic Turkic Muslims in the Requirements for the 2006 PM10, 2008 ∑ Mrs. HYDE-SMITH. Mr. President, as Xinjiang, and calling for an end to arbitrary Lead, 2010 Nitrogen Dioxide, and the 2011 the American people continue to show detention, torture, and harassment of these Carbon Monoxide National Ambient Air great strength and perseverance during communities inside and outside China. Quality Standards’’ (FRL No. 10007–39–Re- this coronavirus crisis, I would like to H.R. 7010. An act to amend the Small Busi- gion 2) received in the Office of the President ness Act and the CARES Act to modify cer- of the Senate on May 4, 2020; to the Com- take this opportunity to highlight mittee on Environment and Public Works. those very American ideals by com- tain provisions related to the forgiveness of loans under the paycheck protection pro- EC–4705. A communication from the Direc- memorating the 100th anniversary of gram, to allow recipients of loan forgiveness tor of the Regulatory Management Division, the Jones Act. under the paycheck protection program to Environmental Protection Agency, transmit- The Jones Act has enhanced Amer- defer payroll taxes, and for other purposes. ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- ican prosperity and national security f ever since its enactment on June 5, mentation Plans; Washington; Puget Sound Clean Air Agency, Regulation I’’ (FRL No. 1920. It puts America first over sub- EXECUTIVE AND OTHER COMMUNICATIONS 10007–31–Region 10) received in the Office of sidized foreign shipbuilders and foreign the President of the Senate on May 4, 2020; to vessel operators that do not pay U.S. The following communications were the Committee on Environment and Public taxes or comply with U.S. regulations. laid before the Senate, together with Works.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04JN6.008 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2732 CONGRESSIONAL RECORD — SENATE June 4, 2020 EC–4706. A communication from the Direc- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- titled ‘‘Air Plan Approval; Indiana; Revi- ting, pursuant to law, the report of a rule en- mentation Plans; New Jersey; Negative Dec- sions to NOx SIP Call and CAIR Rules; With- titled ‘‘Delaware; Infrastructure Require- laration’’ (FRL No. 10007–94–Region 2) re- drawal of Direct Final Rule’’ (FRL No. 10007– ments for the 2015 Ozone Standard and Revi- ceived in the Office of the President of the 66–Region 5) received in the Office of the sions to Modeling Requirements’’ (FRL No. Senate on May 4, 2020; to the Committee on President of the Senate on May 4, 2020; to the 10007–98–Region 3) received in the Office of Environment and Public Works. Committee on Environment and Public the President of the Senate on May 4, 2020; to EC–4715. A communication from the Direc- Works. the Committee on Environment and Public tor of the Regulatory Management Division, EC–4723. A communication from the Direc- Works. Environmental Protection Agency, transmit- tor of the Regulatory Management Division, EC–4707. A communication from the Direc- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- mentation Plans; New York; Reasonably titled ‘‘Air Plan Approval; New Hampshire; ting, pursuant to law, the report of a rule en- Available Control Technology for the 2008 8- Approval of Single Source Order; Withdrawal titled ‘‘National Emission Standards for Haz- Hour Ozone National Ambient Air Quality of Direct Final Rule’’ (FRL No. 10007–63–Re- ardous Air Pollutants: Coal and Oil Fired Standards in the New York Metropolitan gion 1) received in the Office of the President Electric Utility Steam Generating Units— Area Moderate Nonattainment Area’’ (FRL of the Senate on May 4, 2020; to the Com- Reconsideration of Supplemental Finding No. 10008–62–Region 7) received in the Office mittee on Environment and Public Works. and Residual Risk and Technology Review’’ of the President of the Senate on May 4, 2020; EC–4724. A communication from the Direc- (FRL No. 10008–60–OAR) received in the Of- to the Committee on Environment and Pub- tor of the Regulatory Management Division, fice of the President of the Senate on May 4, lic Works. Environmental Protection Agency, transmit- 2020; to the Committee on Environment and EC–4716. A communication from the Direc- ting, pursuant to law, the report of a rule en- Public Works. tor of the Regulatory Management Division, titled ‘‘Chemical Data Reporting; Extension EC–4708. A communication from the Direc- Environmental Protection Agency, transmit- of the 2020 Submission Period’’ (FRL No. tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- 10006–39–OCSPP) received in the Office of the Environmental Protection Agency, transmit- titled ‘‘Designation of Areas for Air Quality President of the Senate on May 4, 2020; to the ting, pursuant to law, the report of a rule en- Planning Purposes; Indiana; Redesignation titled ‘‘Pennsylvania; Attainment Dem- Committee on Agriculture, Nutrition, and of the Muncie, Indiana Lead Nonattainment Forestry. onstration for the Allegheny County Non- Area’’ (FRL No. 10008–15–Region 5) received attainment Area for the 2010 One Hour Sulfer EC–4725. A communication from the Direc- in the Office of the President of the Senate tor of the Regulatory Management Division, Dioxide NAAQS’’ (FRL No. 10008–40–Region 3) on May 4, 2020; to the Committee on Envi- received in the Office of the President of the Environmental Protection Agency, transmit- ronment and Public Works. ting, pursuant to law, the report of a rule en- Senate on May 4, 2020; to the Committee on EC–4717. A communication from the Direc- Environment and Public Works. titled ‘‘National Emission Standards for Haz- tor of the Regulatory Management Division, ardous Air Pollutants for Cellulose Products EC–4709. A communication from the Direc- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Manufacturing Residual Risk and Tech- ting, pursuant to law, the report of a rule en- nology Review’’ (FRL No. 10006–76–OAR) re- Environmental Protection Agency, transmit- titled ‘‘Fluridone; Pesticide Tolerances’’ ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the (FRL No. 10007–09–OCSPP) received in the Of- Senate on May 4, 2020; to the Committee on titled ‘‘Significant New Use Rules on Certain fice of the President of the Senate on May 4, Chemical Substances (19–2.B)’’ (FRL No. Environment and Public Works. 2020; to the Committee on Agriculture, Nu- 10005–57–OCSPP) received in the Office of the EC–4726. A communication from the Direc- trition and Forestry. tor of the Regulatory Management Division, President of the Senate on May 4, 2020; to the EC–4718. A communication from the Direc- Environmental Protection Agency, transmit- Committee on Environment and Public tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Works. Environmental Protection Agency, transmit- EC–4710. A communication from the Direc- titled ‘‘National Emission Standards for Haz- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, ardous Air Pollutants for Hydrochloric Acid titled ‘‘Isoxaben; Pesticide Tolerances’’ Environmental Protection Agency, transmit- Production Residual Risk and Technology (FRL No. 10001–14–OCSPP) received in the Of- ting, pursuant to law, the report of a rule en- Review’’ (FRL No. 10006–80–OAR) received in fice of the President of the Senate on May 4, titled ‘‘SIP Call Withdrawal and Air Plan the Office of the President of the Senate on 2020; to the Committee on Agriculture, Nu- Approval; North Carolina; Large Internal May 4, 2020; to the Committee on Environ- Combustion Engines NOx Rule Changes’’ trition, and Forestry. EC–4719. A communication from the Direc- ment and Public Works. (FRL No. 10007–76–Region 4) received in the tor of the Regulatory Management Division, EC–4727. A communication from the Direc- Office of the President of the Senate on May Environmental Protection Agency, transmit- tor of the Regulatory Management Division, 4, 2020; to the Committee on Environment ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- and Public Works. ting, pursuant to law, the report of a rule en- EC–4711. A communication from the Direc- titled ‘‘Methyl Mercaptain; Exemption from the Requirement of a Tolerance’’ (FRL No. titled ‘‘National Emission Standards for Haz- tor of the Regulatory Management Division, ardous Air Pollutants: Engine Test Cells/ Environmental Protection Agency, transmit- 10006–98–OCSPP) received in the Office of the President of the Senate on May 4, 2020; to the Stands Residual Risk and Technology Re- ting, pursuant to law, the report of a rule en- view’’ (FRL No. 10006–68–OAR) received in titled ‘‘Withdrawal of Certain Federal Water Committee on Agriculture, Nutrition, and Forestry. the Office of the President of the Senate on Quality Criteria Applicable to Washington’’ May 4, 2020; to the Committee on Environ- (FRL No. 10008–24–OW) received in the Office EC–4720. A communication from the Direc- tor of the Regulatory Management Division, ment and Public Works. of the President of the Senate on May 4, 2020; EC–4728. A communication from the Direc- to the Committee on Environment and Pub- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, lic Works. Environmental Protection Agency, transmit- EC–4712. A communication from the Direc- titled ‘‘Significant New Use Rules on Certain ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Chemical Substances (19–3.B)’’ (FRL No. titled ‘‘National Emission Standards for Haz- Environmental Protection Agency, transmit- 10007–58–OCSPP) received in the Office of the ting, pursuant to law, the report of a rule en- President of the Senate on May 4, 2020; to the ardous Air Pollutants; Generic Maximum titled ‘‘Air Plan Approval; Nebraska; Lin- Committee on Environment and Public Achievable Control Technology Standards coln-Lancaster County Health Department Works. Residual Risk and Technology Review for (LLCHD)’’ (FRL No. 10008–62–Region 7) re- EC–4721. A communication from the Direc- Ethylene Production’’ (FRL No. 10006–87– ceived in the Office of the President of the tor of the Regulatory Management Division, OAR) received in the Office of the President Senate on May 4, 2020; to the Committee on Environmental Protection Agency, transmit- of the Senate on May 4, 2020; to the Com- Environment and Public Works. ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. EC–4713. A communication from the Direc- titled ‘‘National Emission Standards for Haz- EC–4729. A communication from the Direc- tor of the Regulatory Management Division, ardous Air Pollutants: Coal and Oil Fired tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Electric Utility Steam Generating Units; Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Subcategory of Certain Existing Electric ting, pursuant to law, the report of a rule en- titled ‘‘Air Plan Approval; Virginia; Emis- Utility Steam Generating Units Firing East- titled ‘‘National Emission Standards for Haz- sions Statement Certification for the 2015 ern Bituminous Coal Refuse for Emissions of ardous Air Pollutants: Organic Liquids Dis- Ozone National Ambient Air Quality Stand- Acid Gas Hazardous Air Pollutants’’ (FRL tribution (Non-Gasoline) Residual Risk and ard’’ (FRL No. 10008–56–Region 3) received in No. 10007–26–OAR) received in the Office of Technology Review’’ (FRL No. 10006–88–OAR) the Office of the President of the Senate on the President of the Senate on May 4, 2020; to received in the Office of the President of the May 4, 2020; to the Committee on Environ- the Committee on Environment and Public Senate on May 4, 2020; to the Committee on ment and Public Works. Works. Environment and Public Works. EC–4714. A communication from the Direc- EC–4722. A communication from the Direc- EC–4730. A communication from the Direc- tor of the Regulatory Management Division, tor of the Regulatory Management Division, tor of the Regulatory Management Division,

VerDate Sep 11 2014 20:04 Oct 13, 2020 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD20\JUNE\S04JN0.REC S04JN0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2733 Environmental Protection Agency, transmit- President of the Senate on May 4, 2020; to the ture Requirements for the 2015 Ozone Na- ting, pursuant to law, the report of a rule en- Committee on Environment and Public tional Ambient Air Quality Standards; Colo- titled ‘‘National Emission Standards for Haz- Works. rado and North Dakota’’ (FRL No. 10006–29– ardous for Hazardous Air Pollutants: Paper EC–4738. A communication from the Direc- Region 8) received in the Office of the Presi- and Other Web Coatings Residual Risk and tor of the Regulatory Management Division, dent of the Senate on May 4, 2020; to the Technology Review’’ (FRL No. 10006–74–OAR) Environmental Protection Agency, transmit- Committee on Environment and Public received in the Office of the President of the ting, pursuant to law, the report of a rule en- Works. Senate on May 4, 2020; to the Committee on titled ‘‘Air Plan Approval; California; Placer EC–4746. A communication from the Direc- Environment and Public Works. County Air Pollution Control District; Sta- tor of the Regulatory Management Division, EC–4731. A communication from the Direc- tionary Source Permits’’ (FRL No. 10007–01– Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Region 9) received in the Office of the Presi- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- dent of the Senate on May 4, 2020; to the titled ‘‘Continuous Emission Monitoring; ting, pursuant to law, the report of a rule en- Committee on Environment and Public Quality-Assurance Requirements During the titled ‘‘National Emission Standards for Haz- Works. COVID–19 National Emergency’’ (FRL No. ardous Air Pollutants: Site Remediation Re- EC–4739. A communication from the Direc- 10008–51–OAR) received in the Office of the sidual Risk and Technology Review’’ (FRL tor of the Regulatory Management Division, President of the Senate on May 4, 2020; to the No. 10006–94–OAR) received in the Office of Environmental Protection Agency, transmit- Committee on Environment and Public the President of the Senate on May 4, 2020; to ting, pursuant to law, the report of a rule en- Works. the Committee on Environment and Public titled ‘‘Air Plan Approval; Iowa, Kansas, EC–4747. A communication from the Direc- Works. Missouri, Nebraska, and Approval of Oper- tor of the Regulatory Management Division, EC–4732. A communication from the Direc- ating Permit Program for Iowa and Ne- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, braska; Definition of Chemical Process ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Plants under State Prevention of Significant titled ‘‘Updates to NPDES eRule Data Ele- ting, pursuant to law, the report of a rule en- Deterioration Regulations and Operating ments to Reflect MS4 General Permit Re- titled ‘‘National Emission Standards for Haz- Permit Programs’’ (FRL No. 10007–72–Region mand Rule’’ (FRL No. 10007–14–OW) received ardous Air Pollutants: Surface Coating of 7) received in the Office of the President of in the Office of the President of the Senate Automobiles and Light-Duty Trucks; Sur- the Senate on May 4, 2020; to the Committee on May 4, 2020; to the Committee on Envi- face Coating of Miscellaneous Metal Parts on Environment and Public Works. ronment and Public Works. and Products; Surface Coating of Plastic EC–4740. A communication from the Direc- EC–4748. A communication from the Direc- Parts and Products; Surface Coating of tor of the Regulatory Management Division, tor of the Regulatory Management Division, Large Appliances; Printing, Coating, and Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Dyeing of Fabrics and Other Textiles; and ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Surface Coating of Metal Furniture Residual titled ‘‘Air Plan Approval; Missouri; Control titled ‘‘Air Plan Approval; California; North- Risk and Technology’’ (FRL No. 10006–70– of Emissions from Batch Process Oper- ern Sierra Air Quality Management District; OAR) received in the Office of the President ations’’ (FRL No. 10007–44–Region 7) received Reasonably Available Control Technology; of the Senate on May 4, 2020; to the Com- in the Office of the President of the Senate Correcting Amendment’’ (FRL No. 10007–00– mittee on Environment and Public Works. on May 4, 2020; to the Committee on Envi- Region 9) received in the Office of the Presi- EC–4733. A communication from the Direc- ronment and Public Works. dent of the Senate on May 4, 2020; to the tor of the Regulatory Management Division, EC–4741. A communication from the Direc- Committee on Environment and Public Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Works. ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- EC–4749. A communication from the Direc- titled ‘‘Technical Amendments to the Light- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, duty Vehicle Greenhouse Gas Program’’ titled ‘‘Air Plan Approval; Missouri; Control Environmental Protection Agency, transmit- (FRL No. 10007–54–OAR) received in the Of- of Emissions from the Manufacturing of ting, pursuant to law, the report of a rule en- fice of the President of the Senate on May 4, Paints, Varnishes, Lacquers, Enamels, and titled ‘‘Air Plan Approval; Oklahoma; Up- 2020; to the Committee on Environment and Other Allied Surface Coating Products’’ dates to the General SIP and New Source Re- Public Works. (FRL No. 10007–60–Region 7) received in the view Permitting Requirements’’ (FRL No. EC–4734. A communication from the Direc- Office of the President of the Senate on May 10006–28–Region 6) received in the Office of tor of the Regulatory Management Division, 4, 2020; to the Committee on Environment the President of the Senate on May 4, 2020; to Environmental Protection Agency, transmit- and Public Works. the Committee on Environment and Public ting, pursuant to law, the report of a rule en- EC–4742. A communication from the Direc- Works. titled ‘‘Texas: Final Authorization of State- tor of the Regulatory Management Division, f Initiated Changes and Incorporation by Ref- Environmental Protection Agency, transmit- erence of State Hazardous Waste Manage- ting, pursuant to law, the report of a rule en- REPORTS OF COMMITTEES ment Program’’ (FRL No. 10004–22–Region 6) titled ‘‘Air Plan Approval; Missouri; Control The following reports of committees received in the Office of the President of the of Nitrogen Oxide Emissions from Portland Senate on May 4, 2020; to the Committee on Cement Kilns’’ (FRL No. 10007–59–Region 7) were submitted: Environment and Public Works. received in the Office of the President of the By Mr. HOEVEN, from the Committee on EC–4735. A communication from the Direc- Senate on May 4, 2020; to the Committee on Indian Affairs, with an amendment in the tor of the Regulatory Management Division, Environment and Public Works. nature of a substitute: Environmental Protection Agency, transmit- EC–4743. A communication from the Direc- S. 1853. A bill to require Federal law en- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, forcement agencies to report on cases of titled ‘‘Environmental Protection Agency Environmental Protection Agency, transmit- missing or murdered Indians, and for other Acquisition Regulation (EPAAR); Award ting, pursuant to law, the report of a rule en- purposes (Rept. No. 116–230). Term Incentive’’ (FRL No. 10006–81–OMS) re- titled ‘‘Air Plan Approval; Nebraska; Infra- f ceived in the Office of the President of the structure SIP Requirements for the 2015 Senate on May 4, 2020; to the Committee on Ozone National Ambient Air Quality Stand- EXECUTIVE REPORT OF Environment and Public Works. ards (NAAQS)’’ (FRL No. 10007–78–Region 7) COMMITTEE EC–4736. A communication from the Direc- received in the Office of the President of the The following executive report of a tor of the Regulatory Management Division, Senate on May 4, 2020; to the Committee on nomination was submitted: Environmental Protection Agency, transmit- Environment and Public Works. ting, pursuant to law, the report of a rule en- EC–4744. A communication from the Direc- By Mr. GRAHAM for the Committee on the titled ‘‘Standards of Performance for New tor of the Regulatory Management Division, Judiciary. Justin Reed Walker, of Kentucky, to be Residential Wood Heaters and New Residen- Environmental Protection Agency, transmit- United States Circuit Judge for the District tial Hydronic Heaters and Forced-Air Fur- ting, pursuant to law, the report of a rule en- of Columbia Circuit. naces Amendments’’ (FRL No. 10006–75–OAR) titled ‘‘Air Plan Approval; Tennessee; Pre- received in the Office of the President of the vention of Significant Deterioration Infra- (Nominations without an asterisk Senate on May 4, 2020; to the Committee on structure Requirements for the 2015 Ozone were reported with the recommenda- Environment and Public Works. NAAQS’’ (FRL No. 10007–16–Region 4) re- tion that they be confirmed.) EC–4737. A communication from the Direc- ceived in the Office of the President of the f tor of the Regulatory Management Division, Senate on May 4, 2020; to the Committee on Environmental Protection Agency, transmit- Environment and Public Works. INTRODUCTION OF BILLS AND ting, pursuant to law, the report of a rule en- EC–4745. A communication from the Direc- JOINT RESOLUTIONS titled ‘‘Air Plan Approvals; Georgia and tor of the Regulatory Management Division, North Carolina; Prevention of Significant Environmental Protection Agency, transmit- The following bills and joint resolu- Deterioration Infrastructure Requirements ting, pursuant to law, the report of a rule en- tions were introduced, read the first for the 2015 Ozone NAAQS’’ (FRL No. 10007– titled ‘‘Approval and Promulgation of State and second times by unanimous con- 45–Region 4) received in the Office of the Implementation Plan Revisions; Infrastruc- sent, and referred as indicated:

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.009 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2734 CONGRESSIONAL RECORD — SENATE June 4, 2020

By Mr. LEAHY (for himself, Mrs. MUR- RISCH, Mrs. SHAHEEN, Mr. HOEVEN, CORNYN, Mr. HAWLEY, and Mr. RAY, Mr. VAN HOLLEN, Mrs. FEIN- Ms. HASSAN, Ms. ERNST, Ms. COLLINS, YOUNG): STEIN, Mr. COONS, Ms. BALDWIN, Mr. Mr. CRAMER, and Ms. MCSALLY): S. Res. 608. A resolution expressing the WYDEN, Mr. MERKLEY, Mr. WHITE- S. 3898. A bill to provide flexibility for the sense of the Senate condemning threats to HOUSE, Mr. SCHATZ, Mr. SANDERS, Secretary of Veterans Affairs in caring for Hong Kong’s freedoms and autonomy on the Mrs. SHAHEEN, Mr. TESTER, Mr. homeless veterans during a covered public 31st anniversary of the violent repression of UDALL, Mr. CARDIN, Mr. REED, Mr. health emergency, and for other purposes; to the peaceful protests centered in Beijing’s DURBIN, Mr. MURPHY, and Mr. the Committee on Veterans’ Affairs. Tiananmen Square; to the Committee on MANCHIN): By Mr. MORAN (for himself, Mr. Foreign Relations. S. 3889. A bill to amend the Congressional TESTER, Mr. BLUMENTHAL, Mr. By Mr. SCHUMER (for himself, Ms. Budget and Impoundment Control Act of 1974 CRAMER, and Ms. HIRONO): BALDWIN, Mr. BENNET, Mr. to strengthen congressional control and re- S. 3899. A bill to direct the Secretary of BLUMENTHAL, Mr. BOOKER, Mr. view, and for other purposes; to the Com- Veterans Affairs to carry out a retraining as- BROWN, Ms. CANTWELL, Mr. CARDIN, mittee on Homeland Security and Govern- sistance program for unemployed veterans, Mr. CARPER, Mr. CASEY, Mr. COONS, mental Affairs. and for other purposes; to the Committee on Ms. CORTEZ MASTO, Ms. DUCKWORTH, By Mr. PORTMAN (for himself and Mr. Veterans’ Affairs. Mr. DURBIN, Mrs. FEINSTEIN, Mrs. HEINRICH): By Ms. ROSEN (for herself, Mr. GILLIBRAND, Ms. HARRIS, Ms. HASSAN, S. 3890. A bill to establish the National Ar- ROUNDS, Mrs. BLACKBURN, and Mr. Mr. HEINRICH, Ms. HIRONO, Mr. JONES, tificial Intelligence Research Resource Task PETERS): Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Force, and for other purposes; to the Com- S. 3900. A bill to direct the Secretary of De- Mr. LEAHY, Mr. MANCHIN, Mr. MAR- mittee on Commerce, Science, and Transpor- fense to carry out a grant program to sup- KEY, Mr. MENENDEZ, Mr. MERKLEY, tation. port science, technology, engineering, and Mr. MURPHY, Mrs. MURRAY, Mr. By Mr. GARDNER (for himself, Mr. mathematics education in the Junior Re- PETERS, Mr. REED, Ms. ROSEN, Mr. PETERS, and Mr. WICKER): serve Officers’ Training Corps and for other SANDERS, Mr. SCHATZ, Mrs. SHAHEEN, S. 3891. A bill to require the Director of the purposes; to the Committee on Armed Serv- Ms. SINEMA, Ms. SMITH, Ms. STABE- National Institute of Standards and Tech- ices. NOW, Mr. TESTER, Mr. UDALL, Mr. nology to advance the development of tech- By Mr. PETERS (for himself and Mr. VAN HOLLEN, Mr. WARNER, Ms. WAR- nical standards for artificial intelligence, to GARDNER): REN, Mr. WHITEHOUSE, and Mr. establish the National Program to Advance S. 3901. A bill to establish a Federal artifi- WYDEN): Artificial Intelligence Research, to promote cial intelligence scholarship-for-service pro- S. Con. Res. 39. A concurrent resolution ex- research on artificial intelligence at the Na- gram; to the Committee on Health, Edu- pressing the Sense of Congress that the con- tional Science Foundation, and for other cation, Labor, and Pensions. stitutional rights of Americans to peaceably purposes; to the Committee on Commerce, By Mr. BLUMENTHAL: assemble, exercise freedom of speech, and pe- tition the government for redress of griev- Science, and Transportation. S. 3902. A bill to amend the Insurrection ances must be respected; that violence and By Mr. SASSE: Act to curtail violations against the civil looting are unlawful, unacceptable and con- S. 3892. A bill to authorize lifetime resi- liberties of the people of the United States, trary to the purpose of peaceful protests; and dents of Hong Kong to apply for asylum in and for other purposes; to the Committee on the United States, and for other purposes; to that Congress condemns the President of the Armed Services. United States for ordering Federal officers to the Committee on the Judiciary. By Ms. DUCKWORTH: By Mr. THUNE (for himself and Ms. use gas and rubber bullets against the Amer- S. 3903. A bill to direct the Secretary of De- icans who were peaceably protesting in La- SMITH): fense to enter into an agreement with a fed- S. 3893. A bill to amend the Food Security fayette Square in Washington, DC on the erally funded research and development cen- Act of 1985 to allow for emergency use of cer- night of June 1, 2020, thereby violating the ter for a study on the barriers to minority tain land during a pandemic, and for other constitutional rights of those peaceful participation in the elite units of the Armed purposes; to the Committee on Agriculture, protestors; to the Committee on the Judici- Forces, and for other purposes; to the Com- Nutrition, and Forestry. ary. mittee on Armed Services. By Mr. BRAUN (for himself, Ms. STA- By Mr. PAUL: f BENOW, Mr. GRAHAM, and Mr. WHITE- S. 3904. A bill to end the unconstitutional ADDITIONAL COSPONSORS HOUSE): delegation of legislative power which was ex- S. 3894. A bill to authorize the Secretary of S. 319 clusively vested in the Senate and House of Agriculture to develop a program to reduce Representatives by article I, section 1 of the At the request of Mrs. MURRAY, the barriers to entry for farmers, ranchers, and Constitution of the United States, and to di- name of the Senator from Wisconsin private forest landowners in certain private rect the Comptroller General of the United (Ms. BALDWIN) was added as a cospon- markets, and for other purposes; to the Com- States to issue a report to Congress detailing sor of S. 319, a bill to improve the re- mittee on Agriculture, Nutrition, and For- the extent of the problem of unconstitu- estry. productive assistance provided by the tional delegation to the end that such dele- By Mrs. GILLIBRAND (for herself, Ms. Department of Defense and the Depart- gations can be phased out, thereby restoring WARREN, Ms. SMITH, and Ms. KLO- ment of Veterans Affairs to severely the constitutional principle of separation of BUCHAR): wounded, ill, or injured members of the S. 3895. A bill to amend section 242 of title powers set forth in the first sections of the Armed Forces, veterans, and their 18, United States Code, to include the use of Constitution of the United States; to the Committee on Homeland Security and Gov- spouses or partners, and for other pur- chokeholds and carotid holds as a depriva- poses. tion of rights and as a punishment, pain, or ernmental Affairs. S. 578 penalty, and for other purposes; to the Com- f mittee on the Judiciary. At the request of Mr. COTTON, the By Mr. CARPER: SUBMISSION OF CONCURRENT AND names of the Senator from Montana S. 3896. A bill to amend title 5, United SENATE RESOLUTIONS (Mr. DAINES) and the Senator from States Code, to require the Director of the The following concurrent resolutions Oklahoma (Mr. INHOFE) were added as Office of Personnel Management to establish cosponsors of S. 578, a bill to amend and Senate resolutions were read, and and maintain a public directory of the indi- title II of the Social Security Act to referred (or acted upon), as indicated: viduals occupying Government policy and eliminate the five-month waiting pe- supporting positions, and for other purposes; By Mr. GARDNER (for himself and Mr. riod for disability insurance benefits to the Committee on Homeland Security and MARKEY): under such title for individuals with S. Res. 607. A resolution recognizing that Governmental Affairs. amyotrophic lateral sclerosis. By Mr. CRUZ (for himself, Mrs. SHA- in the 25 years since normalizing diplomatic HEEN, Mr. BARRASSO, Mr. COTTON, and relations, the Socialist Republic of Vietnam S. 849 Mr. JOHNSON): and the United States of America have At the request of Mr. CRAMER, the S. 3897. A bill to clarify and expand sanc- worked toward increased stability, pros- name of the Senator from New Jersey tions applicable with respect to the con- perity, and peace in Southeast Asia, and ex- (Mr. BOOKER) was added as a cosponsor struction of the Nord Stream 2 or pressing the sense of the Senate that the of S. 849, a bill to provide for the inclu- TurkStream pipeline projects; to the Com- United States will continue to remain a sion on the Vietnam Veterans Memo- mittee on Foreign Relations. strong, reliable, and active partner in the rial Wall of the names of the lost crew By Mr. SULLIVAN (for himself, Ms. Southeast Asian region; to the Committee members of the U.S.S. Frank E. Evans SINEMA, Mr. MORAN, Mr. TESTER, Mr. on Foreign Relations. killed on June 3, 1969. CRAPO, Mrs. FEINSTEIN, Mrs. LOEF- By Mr. RUBIO (for himself, Mr. FLER, Mr. BLUMENTHAL, Mr. TILLIS, MERKLEY, Mr. GARDNER, Mrs. FEIN- S. 1166 Ms. HIRONO, Mrs. CAPITO, Mr. KAINE, STEIN, Mr. DAINES, Mr. KING, Mr. At the request of Mrs. BLACKBURN, Mr. CRUZ, Mrs. GILLIBRAND, Mr. SCOTT of Florida, Mr. PETERS, Mr. the name of the Senator from Missouri

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.014 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2735 (Mr. BLUNT) was added as a cosponsor PERDUE) was added as a cosponsor of S. S. 3777 of S. 1166, a bill to direct the Assistant 2733, a bill to save and strengthen crit- At the request of Ms. ERNST, the Secretary of Commerce for Commu- ical social contract programs of the name of the Senator from Georgia nications and Information to make Federal Government. (Mrs. LOEFFLER) was added as a cospon- grants for the establishment or expan- S. 3056 sor of S. 3777, a bill to prohibit pay- sion of internet exchange facilities, At the request of Mr. DURBIN, the ment of Pandemic Unemployment As- and for other purposes. name of the Senator from New Jersey sistance and Federal Pandemic Unem- S. 1802 (Mr. BOOKER) was added as a cosponsor ployment Compensation to million- At the request of Mr. KAINE, the of S. 3056, a bill to designate as wilder- aires. names of the Senator from Nevada (Ms. ness certain Federal portions of the red S. 3791 ROSEN) and the Senator from New York rock canyons of the Colorado Plateau At the request of Ms. DUCKWORTH, (Mrs. GILLIBRAND) were added as co- and the Great Basin Deserts in the the name of the Senator from Min- sponsors of S. 1802, a bill to provide a State of Utah for the benefit of present nesota (Ms. SMITH) was added as a co- work opportunity tax credit for mili- and future generations of people in the sponsor of S. 3791, a bill to extend the tary spouses and to provide for flexible United States. period in which Governors of States spending arrangements for childcare S. 3063 may order members of the National services for military families. At the request of Mr. CARDIN, the Guard to active duty in connection S. 1938 name of the Senator from Connecticut with the Coronavirus Disease 2019 At the request of Ms. DUCKWORTH, (Mr. BLUMENTHAL) was added as a co- (COVID–19), and for other purposes. the names of the Senator from Nevada sponsor of S. 3063, a bill to encourage S. 3797 (Ms. CORTEZ MASTO), the Senator from greater community accountability of At the request of Mr. MORAN, the Washington (Mrs. MURRAY), the Sen- law enforcement agencies, and for names of the Senator from South Da- ator from Washington (Ms. CANTWELL) other purposes. kota (Mr. THUNE), the Senator from and the Senator from Virginia (Mr. S. 3432 Texas (Mr. CORNYN), the Senator from KAINE) were added as cosponsors of S. At the request of Mrs. BLACKBURN, Oklahoma (Mr. LANKFORD) and the 1938, a bill to provide for grants for the name of the Senator from South Senator from Delaware (Mr. CARPER) States that require fair and impartial Carolina (Mr. SCOTT) was added as a co- were added as cosponsors of S. 3797, a police training for law enforcement of- sponsor of S. 3432, a bill to support the bill to provide overtime and holiday fee ficers of that State and to incentivize advanced manufacturing technologies relief for small meat, poultry, and egg States to enact laws requiring the program of the Food and Drug Admin- processing plants, and for other pur- independent investigation and prosecu- istration, to establish National Centers poses. tion of the use of deadly force by law of Excellence in Advanced Pharma- S. 3873 enforcement officers, and for other pur- ceutical Manufacturing, and for other At the request of Mr. SCOTT of South poses. purposes. Carolina, the name of the Senator from S. 2085 S. 3475 Indiana (Mr. BRAUN) was added as a co- At the request of Ms. ROSEN, the sponsor of S. 3873, a bill to require law name of the Senator from Louisiana At the request of Ms. DUCKWORTH, enforcement agencies to report the use (Mr. CASSIDY) was added as a cosponsor the name of the Senator from Pennsyl- of lethal force, and for other purposes. of S. 2085, a bill to authorize the Sec- vania (Mr. CASEY) was added as a co- retary of Education to award grants to sponsor of S. 3475, a bill to direct the S. RES. 602 eligible entities to carry out edu- Secretary of Labor to issue an emer- At the request of Mr. DURBIN, the cational programs about the Holo- gency temporary standard that re- names of the Senator from California caust, and for other purposes. quires certain employers to develop (Ms. HARRIS) and the Senator from Ha- and implement a comprehensive infec- waii (Ms. HIRONO) were added as co- S. 2163 tious disease exposure control plan to sponsors of S. Res. 602, a resolution rec- At the request of Mr. RUBIO, the names of the Senator from Indiana protect employees in the health care ognizing that the murder of George sectors and other employees at ele- Floyd by officers of the Minneapolis (Mr. BRAUN), the Senator from Ohio vated risk from exposure to SARS– Police Department is the result of per- (Mr. PORTMAN), the Senator from Flor- CoV–2, and for other purposes. vasive and systemic racism that can- ida (Mr. SCOTT), the Senator from Utah not be dismantled without, among (Mr. ROMNEY) and the Senator from Ne- S. 3669 other things, proper redress in the braska (Mrs. FISCHER) were added as At the request of Mr. MENENDEZ, the cosponsors of S. 2163, a bill to establish name of the Senator from Oregon (Mr. courts. the Commission on the Social Status of WYDEN) was added as a cosponsor of S. f Black Men and Boys, to study and 3669, a bill to respond to the global STATEMENTS ON INTRODUCED make recommendations to address so- COVID–19 pandemic, and for other pur- BILLS AND JOINT RESOLUTION cial problems affecting Black men and poses. By Mr. THUNE (for himself and boys, and for other purposes. S. 3704 Ms. SMITH): S. 2438 At the request of Mr. WICKER, the S. 3893. A bill to amend the Food Se- At the request of Mr. MENENDEZ, the name of the Senator from Tennessee curity Act of 1985 to allow for emer- name of the Senator from Delaware (Mrs. BLACKBURN) was added as a co- gency use of certain land during a pan- (Mr. COONS) was added as a cosponsor sponsor of S. 3704, a bill to amend the demic, and for other purposes; to the of S. 2438, a bill to prevent, treat, and Scientific and Advanced-Technology Committee on Agriculture, Nutrition, cure tuberculosis globally. Act of 1992 to further support advanced and Forestry. S. 2715 technological manufacturing, and for Mr. THUNE. Mr. President, I ask At the request of Mr. BLUNT, the other purposes. unanimous consent that the text of the names of the Senator from North Caro- S. 3713 bill be printed in the RECORD. lina (Mr. TILLIS) and the Senator from At the request of Mr. MANCHIN, the There being no objection, the text of Oregon (Mr. MERKLEY) were added as name of the Senator from Ohio (Mr. the bill was ordered to be printed in cosponsors of S. 2715, a bill to develop PORTMAN) was added as a cosponsor of the RECORD, as follows: and implement policies to advance S. 3713, a bill to require the Secretary S. 3893 early childhood development, to pro- of Defense to provide to certain mem- vide assistance for orphans and other Be it enacted by the Senate and House of Rep- bers of the National Guard serving on resentatives of the United States of America in vulnerable children in developing coun- active service in response to the Congress assembled, tries, and for other purposes. coronavirus (COVID–19) the transi- SECTION 1. SHORT TITLE. S. 2733 tional health benefits provided to This Act may be cited as the ‘‘Pandemic At the request of Mr. ROMNEY, the members of the reserve components Authority Suitable To Utilize Reserve Ease- name of the Senator from Georgia (Mr. separating from active duty. ments Act’’ or the ‘‘PASTURE Act’’.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.016 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2736 CONGRESSIONAL RECORD — SENATE June 4, 2020 SEC. 2. EMERGENCY USE OF LAND ENROLLED IN strengthening its maritime capabilities, in- 2018 (Public Law 115–409; 132 Stat. 5407) THE CONSERVATION RESERVE PRO- cluding by providing coast guard vessels and that— GRAM DURING A PANDEMIC. assisting the Government of Vietnam in (A) the promotion of human rights and re- Section 1233(b)(1)(B)(i)(I) of the Food Secu- strengthening its maritime domain aware- spect for democratic values in the Indo-Pa- rity Act of 1985 (16 U.S.C. 3833(b)(1)(B)(i)(I)) is ness; cific region is in the United States’ national amended— Whereas the United States Government re- security interest; (1) in the matter preceding item (aa), by mains committed to working with the Gov- (B) continued support for human rights, striking ‘‘or other emergency,’’ and inserting ernment of Vietnam on its compliance with democratic values, and good governance is ‘‘or other emergency (including a pan- international commitments and obligations critical to a successful United States diplo- demic),’’; and to protect internationally recognized human matic strategy in the Indo-Pacific; (2) in item (cc), by inserting ‘‘or pandemic’’ rights and fundamental freedoms, including (C) strong support for human rights and after ‘‘disaster event’’. freedom of religion, expression, the press, democracy in the Indo-Pacific region is crit- f and assembly, in order to advance the funda- ical to efforts to reduce poverty, build rule of mental dignity of all people, a key to main- law, combat corruption, reduce the allure of SUBMITTED RESOLUTIONS taining stability, promoting economic extremism, and promote economic growth; growth, and strengthening good governance; and Whereas, in the 25 years since the United (D) there are serious concerns with the SENATE RESOLUTION 607—RECOG- States and Vietnam normalized diplomatic rule of law and civil liberties in Vietnam, NIZING THAT IN THE 25 YEARS relations, the people of Vietnam have bene- which has been identified by Freedom House SINCE NORMALIZING DIPLO- fited from greater prosperity and integration as ‘‘Not Free’’; MATIC RELATIONS, THE SOCIAL- into the global economy; (5) reaffirms that it is important that Viet- IST REPUBLIC OF VIETNAM AND Whereas the United States and Vietnam nam’s rights and interests under inter- signed a bilateral trade agreement in July national law, regardless of size, power, and THE UNITED STATES OF AMER- 2000, and granted one another permanent military capabilities, are respected; and ICA HAVE WORKED TOWARD IN- normal trade relations in 2008, ushering in a (6) appreciates Vietnam’s ongoing coopera- CREASED STABILITY, PROS- more than tenfold increase in trade flows in tion to account for the 1,246 United States PERITY, AND PEACE IN SOUTH- both directions over the past 20 years, ex- service members who remain unaccounted EAST ASIA, AND EXPRESSING ceeding $77,000,000,000 in 2019; for since the Vietnam War. Whereas the Governments of the United THE SENSE OF THE SENATE f THAT THE UNITED STATES WILL States and Vietnam cooperate on a range of CONTINUE TO REMAIN A public health issues, particularly combating SENATE RESOLUTION 608—EX- HIV-AIDS under the United States Presi- PRESSING THE SENSE OF THE STRONG, RELIABLE, AND ACTIVE dent’s Emergency Plan for AIDS Relief PARTNER IN THE SOUTHEAST (PEPFAR) program, and more broadly on SENATE CONDEMNING THREATS ASIAN REGION health, governance, education, infrastruc- TO HONG KONG’S FREEDOMS AND AUTONOMY ON THE 31ST Mr. GARDNER (for himself and Mr. ture, and environmental issues through the Lower Mekong Initiative; ANNIVERSARY OF THE VIOLENT MARKEY) submitted the following reso- Whereas, in 2020, Vietnam celebrates 75 REPRESSION OF THE PEACEFUL lution; which was referred to the Com- years since declaring independence; PROTESTS CENTERED IN BEI- mittee on Foreign Relations: Whereas more than 1,800,000 Vietnamese- JING’S TIANANMEN SQUARE S. RES. 607 Americans have made contributions to the Whereas cooperation between the Govern- United States in a variety of fields ranging Mr. RUBIO (for himself, Mr. ments and people of the United States and from law to science to defense and the arts; MERKLEY, Mr. GARDNER, Mrs. FEIN- Vietnam can help realize their common Whereas the United States hosts nearly STEIN, Mr. DAINES, Mr. KING, Mr. SCOTT goals of a peaceful, prosperous, and open 30,000 young Vietnamese students, the 6th of Florida, Mr. PETERS, Mr. CORNYN, Indo-Pacific rooted in a rule-based order that largest group of international students Mr. HAWLEY, and Mr. YOUNG) submitted promotes security, opportunity, and respect studying at United States universities, con- the following resolution; which was re- for sovereignty; tributing $1,000,000,000 annually to the United States economy; ferred to the Committee on Foreign Whereas Vietnam is serving as the 2020 Relations: Chair for the Association of Southeast Asian Whereas bilateral cooperation transformed Nations (ASEAN) under the theme of ‘‘Cohe- debts of the former South Vietnamese gov- S. RES. 608 sive and Responsive ASEAN’’, and will co- ernment to the United States into Fulbright Whereas the 31st anniversary of the chair the U.S.–ASEAN Special Summit when University Vietnam, Vietnam’s first inde- Tiananmen Square massacre is an especially it is rescheduled from the original planned pendent, not-for-profit university; and poignant milestone, particularly as the au- March 14, 2020 date; Whereas sister city relationships link our tonomy of the Hong Kong Special Adminis- Whereas Vietnam has demonstrated a will- citizens in— trative Region of the People’s Republic of ingness to stand up for freedom of navigation (1) Seattle, Washington and Haiphong; China (‘‘Hong Kong’’) and freedoms guaran- and international law in the South China (2) Madison, Wisconsin and Bac Giang; teed to the people of Hong Kong are cur- (3) Pittsburgh, Pennsylvania and Da Nang; Sea and opened a new chapter in bilateral co- rently under threat by possible national se- (4) San Francisco, California and Ho Chi operation on these shared goals; curity legislation from the Government of Minh City; Whereas Vietnam deployed its first mili- (5) Oakland, California and Da Nang; the People’s Republic of China (‘‘China’’); tary officers to United Nations peacekeeping (6) Angel Fire, New Mexico and Quang Tri Whereas, during the spring of 1989, an esti- operations in 2014, and contributed a field Town; mated 1,000,000 people engaged in Tiananmen hospital to United Nations peacekeeping op- (7) New Haven, Connecticut and Hue; Square protests, and citizens in over 400 Chi- erations in South Sudan in 2018; (8) Maryland State, Maryland and Ninh nese cities staged similar protests, including Whereas both countries have sought to as- Thuan Province; and among many others, students, workers, aca- sist each other in accounting for the over (9) Newport Beach, California and Vung demics, journalists and government employ- 1,200 Americans and as many as 300,000 Viet- Tau Province (Friendship City): Now, there- ees; namese still missing from the Vietnam War; fore, be it Whereas the peaceful demonstrations of Whereas the United States Government Resolved, That the Senate— 1989 called upon the Government of China to has worked with the Government of Vietnam (1) reaffirms the importance of the United eliminate corruption, accelerate economic to remove unexploded ordnance and to treat States-Vietnam comprehensive partnership, and political reform, and protect human victims maimed by it through funding under including the full implementation of provi- rights, particularly the freedoms of expres- the Leahy War Victims Fund and the De- sions of the Asia Reassurance Initiative Act sion and assembly, issues that remain rel- partment of State, Foreign Operations, and of 2018 (Public Law 115–409) with regard to evant in United States-China relations 31 Related Programs Act, 2019 (division F of elevating the United States relationship years later; Public Law 116–6), including $15,000,000 for with Vietnam; Whereas, on June 4, 1989, troops of the Peo- humanitarian demining operations as well as (2) welcomes Vietnam’s leadership in 2020 ple’s Liberation Army, at the behest of Chi- United States Agency for International De- as ASEAN Chair in cooperation with its nese Communist Party leadership, attacked velopment (USAID) programs; ASEAN partners, especially as ASEAN and Tiananmen Square to repress demonstrators, Whereas the United States Government the People’s Republic of China negotiate a crushing defenseless protestors with tanks has completed the cleanup of dioxin at Da Code of Conduct; and firing on them indiscriminately, killing Nang airport, and is working with the Gov- (3) welcomes Vietnam playing a productive hundreds or possibly thousands of individ- ernment of Vietnam of the cleanup of Bien role as a member of the United Nations Se- uals; Hoa airport; curity Council during its 2020–2021 term; Whereas, since June 4, 1989, the Govern- Whereas the United States Government (4) reiterates Congress’ findings in section ment of China censors any mention of has assisted the Government of Vietnam in 401 of the Asia Reassurance Initiative Act of Tiananmen Square and imprisons and

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.018 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2737 harasses its own citizens who attempt to dis- (1) the Global Magnitsky Human Rights China adhere to its international agreements cuss or commemorate Tiananmen Square Accountability Act (subtitle F of title XII of and human rights obligations; and protests and their violent suppression; Public Law 114–328; 22 U.S.C. 2656 note); (9) calls upon Hong Kong Chief Executive Whereas the Tiananmen Mothers—a group (2) the North Korean Human Rights Reau- Carrie Lam to allow the Hong Kong people to in China composed of parents and family thorization Act of 2017 (Public Law 115–198); exercise their ‘‘freedoms of speech, of the members of individuals killed on or around (3) the Reciprocal Access to Tibet Act of press and of publication; freedom of associa- June 4, 1989—have annually called upon the 2018 (Public Law 115–330); tion, of assembly, of procession and of dem- (4) the Hong Kong Human Rights and De- Government of China to reveal the truth of onstration,’’ as guaranteed in Article 27 of mocracy Act of 2019 (Public Law 116–76); and the Basic Law of the Hong Kong Special Ad- the events; (5) the Uyghur Human Rights Policy Act ministrative Region of the People’s Republic Whereas people of mainland China and (S. 3744, 116th Congress); Macau are again barred this year from com- of China. Whereas, on this day, we stand in soli- memorating the lives lost and the legacy of darity with human rights lawyers, labor and the 1989 massacre; free speech advocates, religious groups, and f Whereas the Government of China con- ethnic minorities in China, such as Tibetans, tinues to view the demands of the and also Uyghurs and other predominately Tiananmen protesters, including democracy, SENATE CONCURRENT RESOLU- Muslim ethnic minorities who face mass in- transparency, rights protections, and free- TION 39—EXPRESSING THE ternment and surveillance, forced labor and SENSE OF CONGRESS THAT THE dom of speech, as threats to the legitimacy family separations, and who are often forced of the Chinese Communist Party’s hold on to renounce their faith; and CONSTITUTIONAL RIGHTS OF political power; Whereas, on this day, we remember the AMERICANS TO PEACEABLY AS- Whereas the people of Hong Kong have words of the late Nobel Laureate Liu Xiaobo, SEMBLE, EXERCISE FREEDOM OF commemorated the Tiananmen massacre who said there is ‘‘no force that can put an SPEECH, AND PETITION THE each year faithfully in large numbers; end to the human quest for freedom, and GOVERNMENT FOR REDRESS OF Whereas the Hong Kong Police Force has China will in the end become a nation ruled blocked the annual candlelight vigil to com- GRIEVANCES MUST BE RE- by law, where human rights reign supreme’’: SPECTED; THAT VIOLENCE AND memorate Tiananmen this year; Now, therefore, be it Whereas Hong Kong’s guaranteed freedoms Resolved, That the Senate— LOOTING ARE UNLAWFUL, UNAC- and the rule of law have allowed it to be a (1) will commemorate the Tiananmen pro- CEPTABLE AND CONTRARY TO prosperous bridge between mainland China tests and their violent repression at least THE PURPOSE OF PEACEFUL and the world; until such time as Chinese citizens are able PROTESTS; AND THAT CONGRESS Whereas Hong Kong’s autonomy and free- to do so freely and publicly everywhere CONDEMNS THE PRESIDENT OF doms have been eroded by the actions of the across their country; THE UNITED STATES FOR OR- Government of Hong Kong and the Govern- (2) expresses sympathy to the families of DERING FEDERAL OFFICERS TO ment of China, particularly over the past those killed, tortured, imprisoned, or exiled several years, with disqualifications of elect- for their participation in the pro-democracy USE GAS AND RUBBER BULLETS ed members of Hong Kong’s Legislative demonstrations during the spring of 1989; AGAINST THE AMERICANS WHO Council, blocking citizens from running for (3) calls on the Government of China to WERE PEACEABLY PROTESTING office, failing to address the petitions of the allow those Tiananmen demonstration par- IN LAFAYETTE SQUARE IN Hong Kong people, banning a political party ticipants currently living in exile in the WASHINGTON, DC ON THE NIGHT advocating Hong Kong independence, and United States and other countries to return OF JUNE 1, 2020, THEREBY VIO- failing to address police excessive use of to China without risk of repercussions or LATING THE CONSTITUTIONAL force; retribution; Whereas the political turmoil in Hong (4) condemns the use of violence, torture, RIGHTS OF THOSE PEACEFUL Kong is primarily the result of actions of the and arbitrary detention as a means to re- PROTESTORS Government of Hong Kong and the Govern- press the legitimate aspirations of the people ment of China, including the arbitrary ar- of China to speak and associate freely, in- Mr. SCHUMER (for himself, Ms. rests of peaceful protesters, including well- cluding to petition the government and chal- BALDWIN, Mr. BENNET, Mr. known democracy advocates such as Martin lenge the policies and ideology of the Chi- BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Lee, Jimmy Lai, Lee Cheuk Yan, Margaret nese Communist Party; Ms. CANTWELL, Mr. CARDIN, Mr. CAR- Ng, Albert Ho, Leung Kwok-hung, Au Nok- (5) calls on the Government of China to re- PER, Mr. CASEY, Mr. COONS, Ms. CORTEZ hin, Figo Chan, and others; lease all prisoners of conscience, including MASTO, Ms. DUCKWORTH, Mr. DURBIN, Whereas China’s National People’s Con- prisoners detained because of their participa- Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. gress has decided to impose national security tion in Tiananmen Square commemorations legislation with respect to Hong Kong; or actions calling for the type of political re- HARRIS, Ms. HASSAN, Mr. HEINRICH, Ms. Whereas the implementation of that legis- forms and rights protections pursued by HIRONO, Mr. JONES, Mr. KAINE, Mr. lation signals a severe blow to Hong Kong’s those who gathered in Tiananmen Square in KING, Ms. KLOBUCHAR, Mr. LEAHY, Mr. autonomy and would violate the Joint Dec- 1989 and including over one million Uyghurs MANCHIN, Mr. MARKEY, Mr. MENENDEZ, laration of the Government of the United and other predominately Muslim ethnic mi- Mr. MERKLEY, Mr. MURPHY, Mrs. MUR- Kingdom of Great Britain and Northern Ire- norities in the Xinjiang Uyghur Autonomous RAY, Mr. PETERS, Mr. REED, Ms. ROSEN, land and the Government of the People’s Re- Region; public of China on the Question of Hong (6) condemns any forced imposition of na- Mr. SANDERS, Mr. SCHATZ, Mrs. SHA- Kong, done at Beijing on December 19, 1984; tional security legislation with respect to HEEN, Ms. SINEMA, Ms. SMITH, Ms. STA- Whereas Secretary of State Mike Pompeo, Hong Kong; BENOW, Mr. TESTER, Mr. UDALL, Mr. pursuant to the United States-Hong Kong (7) calls upon the United States Govern- VAN HOLLEN, Mr. WARNER, Ms. WAR- Policy Act of 1992 (Public Law 102–383), has ment to use all available authorities to pro- REN, Mr. WHITEHOUSE, and Mr. WYDEN) determined that Hong Kong no longer mani- tect United States interests in Hong Kong submitted the following concurrent fests a ‘‘high degree of autonomy’’ distinct and the freedoms of the Hong Kong people, resolution; which was referred to the from mainland China; including— Committee on the Judiciary: Whereas vague national security laws are (A) encouraging the Standing Committee used widely in mainland China to imprison of the National People’s Congress of China S. CON. RES. 39 or arbitrarily detain dissidents, rights de- ‘‘to work with the Hong Kong [Special Ad- fenders, civil society advocates, religious ministrative Region] Government and the Resolved by the Senate (the House of Rep- leaders and adherents, and persons from eth- people of Hong Kong to find a mutually ac- resentatives concurring), That it is the Sense nic minorities; ceptable accommodation that will honor of Congress that the constitutional rights of Whereas human rights, democracy, and re- China’s international obligations under the Americans to peaceably assemble, exercise ligious freedom advocates have been impris- UN-filed Sino-British Joint Declaration,’’ as freedom of speech, and petition the govern- oned or arbitrarily detained under vague na- called for by the Joint Statement of the Gov- ment for redress of grievances must be re- tional security laws in mainland China, in- ernments of the United States, Australia, spected; that violence and looting are unlaw- cluding Wu Gan, Qin Yongmin, Zhou Canada and the United Kingdom; and ful, unacceptable and contrary to the pur- Shifeng, Yu Wensheng, Wang Yi , and Nobel (B) using all available diplomatic means pose of peaceful protests; and that Congress laureate Liu Xiaobo, who died in state cus- and targeted sanctions to encourage the re- condemns the President of the United States tody nearly three years ago; peal of the national security legislation for ordering Federal officers to use gas and Whereas the United States Congress, par- adopted by the Standing Committee of the rubber bullets against the Americans who ticularly in recent years, has passed numer- National People’s Congress of China on May were peaceably protesting in Lafayette ous measures articulating the longstanding 28, 2020; Square in Washington, DC on the night of and bipartisan commitment to human rights (8) calls upon the President to encourage June 1, 2020, thereby violating the constitu- in China, including— an international coalition to demand that tional rights of those peaceful protestors.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.020 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2738 CONGRESSIONAL RECORD — SENATE June 4, 2020 AMENDMENTS SUBMITTED AND ‘‘(I) across a State line or national border; fense under this section resulted in death PROPOSED or may be found or instituted at any time with- ‘‘(II) using a channel, facility, or instru- out limitation.’’. SA 1591. Mr. PAUL submitted an amend- mentality of interstate or foreign commerce; (b) TABLE OF SECTIONS AMENDMENT.—The ment intended to be proposed by him to the ‘‘(ii) the defendant uses a channel, facility, table of sections for chapter 13 of title 18, bill H.R. 35, to amend title 18, United States or instrumentality of interstate or foreign United States Code, is amended by inserting Code, to specify lynching as a deprivation of commerce in connection with the conduct after the item relating to section 249 the fol- civil rights, and for other purposes; which described in subparagraph (A); lowing: was ordered to lie on the table. ‘‘(iii) in connection with the conduct de- SA 1592. Mr. MCCONNELL (for Mr. UDALL ‘‘250. Lynching.’’. scribed in subparagraph (A), the defendant (for himself, Mr. MORAN, and Mr. ROMNEY)) employs a firearm, dangerous weapon, explo- proposed an amendment to the bill S. 886, to sive or incendiary device, or other weapon SA 1592. Mr. MCCONNELL (for Mr. amend the Omnibus Public Land Manage- that has traveled in interstate or foreign UDALL (for himself, Mr. MORAN, and ment Act of 2009 to make the Reclamation commerce; or Mr. ROMNEY)) proposed an amendment Water Settlements Fund permanent. ‘‘(iv) the conduct described in subpara- to the bill S. 886, to amend the Omni- f graph (A)— bus Public Land Management Act of TEXT OF AMENDMENTS ‘‘(I) interferes with commercial or other 2009 to make the Reclamation Water economic activity in which the victim is en- SA 1591. Mr. PAUL submitted an Settlements Fund permanent; as fol- gaged at the time of the conduct; or lows: amendment intended to be proposed by ‘‘(II) otherwise affects interstate or foreign him to the bill H.R. 35, to amend title commerce. Strike all after the enacting clause and in- 18, United States Code, to specify ‘‘(3) OFFENSES OCCURRING IN THE SPECIAL sert the following: lynching as a deprivation of civil MARITIME OR TERRITORIAL JURISDICTION OF SECTION 1. SHORT TITLE. rights, and for other purposes; which THE UNITED STATES.—Whoever, within the This Act may be cited as the ‘‘Indian was ordered to lie on the table; as fol- special maritime or territorial jurisdiction Water Rights Settlement Extension Act’’. of the United States, engages in conduct de- SEC. 2. TRIBAL WATER RIGHTS. lows: scribed in paragraph (1) or in paragraph (a) DEFINITION OF 611(g) AGREEMENT.—Sec- (a) OFFENSE.—Chapter 13 of title 18, United (2)(A) (without regard to whether that con- tion 602 of the Aamodt Litigation Settle- States Code, is amended by adding at the end duct occurred in a circumstance described in ment Act (Public Law 111–291; 124 Stat. 3134) the following: paragraph (2)(B)) shall be subject to the same is amended— ‘‘§ 250. Lynching penalties as prescribed in those paragraphs. (1) by redesignating paragraphs (1) through ‘‘(a) IN GENERAL.— ‘‘(4) GUIDELINES.—All prosecutions con- (23) as paragraphs (2) through (24), respec- ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- ducted by the United States under this sec- tively; and CEIVED RACE, COLOR, RELIGION, OR NATIONAL tion shall be undertaken pursuant to guide- (2) by inserting before paragraph (2) (as so ORIGIN.—Whoever, whether or not acting lines issued by the Attorney General, or the under color of law, willfully conspires with designee of the Attorney General, to be in- redesignated) the following: another person to cause serious bodily injury cluded in the United States Attorneys’ Man- ‘‘(1) 611(g) AGREEMENT.—The term ‘611(g) to any person or, through the use of fire, a ual that shall establish neutral and objective Agreement’ means the agreement dated July firearm, a dangerous weapon, or an explosive criteria for determining whether a crime was 2, 2019, to be executed by the United States, or incendiary device, attempt to cause seri- committed because of the actual or per- the State, the Pueblos, the County, and the ous bodily injury to any person, because of ceived status of any person. City pursuant to section 611(g).’’. the actual or perceived race, color, religion, ‘‘(b) CERTIFICATION REQUIREMENT.— (b) FINAL PROJECT DESIGN.—Section 611(b) or national origin of any person— ‘‘(1) IN GENERAL.—No prosecution of any of- of the Aamodt Litigation Settlement Act ‘‘(A) shall be imprisoned not more than 10 fense described in this subsection may be un- (Public Law 111–291; 124 Stat. 3137) is amend- years, fined in accordance with this title, or dertaken by the United States, except under ed, in the matter preceding paragraph (1), by both; and the certification in writing of the Attorney striking ‘‘within 90 days of’’ and inserting ‘‘(B) shall be imprisoned for any term of General, or a designee, that— ‘‘as soon as feasible after’’. years or for life, fined in accordance with ‘‘(A) the State does not have jurisdiction; (c) CONSTRUCTION COSTS FOR PUEBLO this title, or both, if— ‘‘(B) the State has requested that the Fed- WATER FACILITIES.—Section 611(f) of the ‘‘(i) death results from the offense; or eral Government assume jurisdiction; Aamodt Litigation Settlement Act (Public ‘‘(ii) the offense includes kidnapping or an ‘‘(C) the verdict or sentence obtained pur- Law 111–291; 124 Stat. 3138) is amended— attempt to kidnap, aggravated sexual abuse suant to State charges left demonstratively (1) in paragraph (1)— or an attempt to commit aggravated sexual unvindicated the Federal interest in eradi- (A) in subparagraph (A), by striking abuse, or an attempt to kill. cating bias-motivated violence; or ‘‘$106,400,000’’ and inserting ‘‘$243,400,000’’; ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- ‘‘(D) a prosecution by the United States is and CEIVED RELIGION, NATIONAL ORIGIN, GENDER, in the public interest and necessary to se- (B) by striking subparagraph (B) and in- SEXUAL ORIENTATION, GENDER IDENTITY, OR cure substantial justice. serting the following: DISABILITY.— ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) EXCEPTION.—Of the amount described ‘‘(A) IN GENERAL.—Whoever, whether or not this subsection shall be construed to limit in subparagraph (A)— acting under color of law, in any cir- the authority of Federal officers, or a Fed- ‘‘(i) the initial $106,400,000 shall be in- cumstance described in subparagraph (B) or eral grand jury, to investigate possible viola- creased or decreased, as appropriate, based paragraph (3), willfully conspires with an- tions of this section. on ordinary fluctuations in construction other person to cause serious bodily injury ‘‘(c) DEFINITIONS.—In this section— costs since October 1, 2006, as determined to any person or, through the use of fire, a ‘‘(1) the term ‘explosive or incendiary de- using applicable engineering cost indices; firearm, a dangerous weapon, or an explosive vice’ has the meaning given such term in and or incendiary device, attempt to cause seri- section 232 of this title; ‘‘(ii) any amounts made available in excess ous bodily injury to any person, because of ‘‘(2) the term ‘firearm’ has the meaning of the amount described in clause (i) shall be the actual or perceived religion, national or- given such term in section 921(a) of this title; increased or decreased, as appropriate, based igin, gender, sexual orientation, gender iden- ‘‘(3) the term ‘gender identity’ means ac- on ordinary fluctuations in construction tity, or disability of any person— tual or perceived gender-related characteris- costs since October 1, 2018, as determined ‘‘(i) shall be imprisoned not more than 10 tics; using applicable engineering cost indices.’’; years, fined in accordance with this title, or ‘‘(4) the term ‘serious bodily injury’ has and both; and the meaning given such term in section (2) in paragraph (3), by inserting ‘‘and the ‘‘(ii) shall be imprisoned for any term of 1365(h)(3) of this title; and 611(g) Agreement’’ after ‘‘the Cost-Sharing years or for life, fined in accordance with ‘‘(5) the term ‘State’ includes the District and System Integration Agreement’’. this title, or both, if— of Columbia, Puerto Rico, and any other ter- (d) FUNDING FOR REGIONAL WATER SYS- ‘‘(I) death results from the offense; or ritory or possession of the United States. TEM.—Section 617(a)(1) of the Aamodt Litiga- ‘‘(II) the offense includes kidnapping or an ‘‘(d) STATUTE OF LIMITATIONS.— tion Settlement Act (Public Law 111–291; 124 attempt to kidnap, aggravated sexual abuse ‘‘(1) OFFENSES NOT RESULTING IN DEATH.— Stat. 3147) is amended— or an attempt to commit aggravated sexual Except as provided in paragraph (2), no per- (1) in subparagraph (B)— abuse, or an attempt to kill. son shall be prosecuted, tried, or punished (A) by striking the period at the end and ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- for any offense under this section unless the inserting ‘‘; and’’; poses of subparagraph (A), the circumstances indictment for such offense is found, or the (B) by striking ‘‘section 616 $50,000,000’’ and described in this subparagraph are that— information for such offense is instituted, inserting the following: ‘‘section 616— ‘‘(i) the conduct described in subparagraph not later than 7 years after the date on ‘‘(i) $50,000,000’’; and (A) occurs during the course of, or as the re- which the offense was committed. (C) by adding at the end the following: sult of, the travel of the defendant or the ‘‘(2) DEATH RESULTING OFFENSES.—An in- ‘‘(ii) subject to the availability of appro- victim— dictment or information alleging that an of- priations and in addition to the amounts

VerDate Sep 11 2014 08:24 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.024 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2739 made available under clause (i), $137,000,000, water to the Pueblos consistent with the En- Delaware and Tributaries Watershed Plan as adjusted under paragraph (4), for the pe- gineering Report (as amended by the 611(g) that are necessary to effectuate, in part, the riod of fiscal years 2021 through 2028.’’; and Agreement and the Operating Agreement); Tribal water rights agreed to by the Kick- (2) by adding at the end the following: and apoo Tribe and the State of Kansas on Sep- ‘‘(C) PROHIBITION.—Notwithstanding any ‘‘(ii) diverting, treating, and transmitting tember 9, 2016, in the Kickapoo Tribe Water other provision of law, any additional the quantity of water specified in the Engi- Rights Settlement Agreement, which other- amounts made available under subparagraph neering Report to the County Distribution wise remains subject to approval and author- (B)(ii) shall not be made available from the System and consistent with the Engineering ization by Congress. Reclamation Water Settlements Fund estab- Report (as amended by the 611(g) Agreement SEC. 4. NAVAJO-UTAH WATER RIGHTS SETTLE- lished by section 10501(a) of the Omnibus and the Operating Agreement); or MENT. Public Land Management Act of 2009 (43 ‘‘(B) the Secretary— (a) PURPOSES.—The purposes of this section U.S.C. 407(a)).’’. ‘‘(i) issues a notice to proceed authorizing are— (e) ADJUSTMENT.—Section 617(a)(4) of the the commencement of Phase I construction (1) to achieve a fair, equitable, and final Aamodt Litigation Settlement Act (Public of the Regional Water System by December settlement of all claims to water rights in Law 111–291; 124 Stat. 3147) is amended— 31, 2019, and subsequently commences con- the State of Utah for— (1) by striking ‘‘The amounts’’ and insert- struction of the Regional Water System; (A) the Navajo Nation; and ing the following: ‘‘(ii) diligently proceeds to construct the (B) the United States, for the benefit of the ‘‘(A) IN GENERAL.—The amounts’’; Regional Water System in accordance with Nation; (2) in subparagraph (A) (as so designated), the Engineering Report (as amended by the (2) to authorize, ratify, and confirm the by striking ‘‘since October 1, 2006, as deter- 611(g) Agreement), on a schedule for comple- agreement entered into by the Nation and mined using applicable engineering cost indi- tion by June 30, 2028; the State, to the extent that the agreement ces’’ and inserting ‘‘pursuant to section ‘‘(iii) expends all of the available funding is consistent with this section; 611(f)(1)(B)’’; and provided to construct the Regional Water (3) to authorize and direct the Secretary— (3) by inserting at the end the following: System under section 611(f)(1)(A), in the (A) to execute the agreement; and ‘‘(B) PROHIBITION.—Notwithstanding any Cost-Sharing and System Integration Agree- (B) to take any actions necessary to carry other provision of law, any additional ment, and in the 611(g) Agreement; out the agreement in accordance with this amounts made available as a result of this ‘‘(iv) complies with the terms of the 611(g) section; and paragraph, as compared to this paragraph as Agreement; and (4) to authorize funds necessary for the im- in effect on the day before the date of enact- ‘‘(v) despite diligent efforts cannot com- plementation of the agreement and this sec- ment of this subparagraph, shall— plete construction of the Regional Water tion. (b) DEFINITIONS.—In this section: ‘‘(i) be subject to the availability of appro- System as described in the final Engineering (1) AGREEMENT.—The term ‘‘agreement’’ priations; and Report (as amended by the 611(g) Agree- ‘‘(ii) not be made available from the Rec- means— ment), due solely to the lack of additional (A) the document entitled ‘‘Navajo Utah lamation Water Settlements Fund estab- authorized funding.’’; Water Rights Settlement Agreement’’ dated lished by section 10501(a) of the Omnibus (2) in paragraph (2)— December 14, 2015, and the exhibits attached Public Land Management Act of 2009 (43 (A) by striking ‘‘2021’’ and inserting ‘‘2025’’; thereto; and U.S.C. 407(a)).’’. and (B) any amendment or exhibit to the docu- (f) EXECUTION OF AGREEMENT UNDER SEC- (B) by striking ‘‘2024’’ and inserting ‘‘2028’’; ment or exhibits referenced in subparagraph TION 611(g).—Section 621 of the Aamodt Liti- (3) in paragraph (3), in the matter pre- gation Settlement Act (Public Law 111–291; (A) to make the document or exhibits con- ceding subparagraph (A), by striking ‘‘2021’’ sistent with this section. 124 Stat. 3149) is amended by striking sub- and inserting ‘‘2025’’; sections (a) and (b) and inserting the fol- (2) ALLOTMENT.—The term ‘‘allotment’’ (4) in paragraph (4)(B)(ii)(II), by striking means a parcel of land— lowing: ‘‘2023’’ and inserting ‘‘2027’’; and ‘‘(a) APPROVAL.—To the extent the Settle- (A) granted out of the public domain that (5) in paragraph (5)(A), by striking ‘‘2024’’ is— ment Agreement, the Cost-Sharing and Sys- and inserting ‘‘2028’’. tem Integration Agreement, and the 611(g) (i) located within the exterior boundaries Agreement do not conflict with this title, SEC. 3. KICKAPOO TRIBE. of the Reservation; or the Settlement Agreement, the Cost-Sharing (a) DEFINITION OF UPPER DELAWARE AND (ii) Bureau of Indian Affairs parcel number and System Integration Agreement, and the TRIBUTARIES WATERSHED PLAN.—In this sec- 792 634511 in San Juan County, Utah, con- 611(g) Agreement (including any amend- tion, the term ‘‘Upper Delaware and Tribu- sisting of 160 acres located in Township 41S, ments to the Settlement Agreement, the taries Watershed Plan’’ means the plan de- Range 20E, sections 11, 12, and 14, originally Cost-Sharing and System Integration Agree- scribed in the document entitled ‘‘Watershed set aside by the United States for the benefit ment, and the 611(g) Agreement that are exe- Plan and Environmental Impact Statement of an individual identified in the allotting cuted to make the Settlement Agreement, Upper Delaware and Tributaries Watershed document as a Navajo Indian; and the Cost-Sharing and System Integration Atchison, Brown, Jackson, and Nemaha (B) held in trust by the United States— Agreement, or the 611(g) Agreement con- Counties, Kansas’’, dated January 1994, and (i) for the benefit of an individual, individ- sistent with this title) are authorized, rati- supplemented in June 1994— uals, or an Indian Tribe other than the Nav- fied, and confirmed. (1) developed, pursuant to the Watershed ajo Nation; or ‘‘(b) EXECUTION.—To the extent the Settle- Protection and Flood Prevention Act (16 (ii) in part for the benefit of the Navajo ment Agreement, the Cost-Sharing and Sys- U.S.C. 1001 et seq.)— Nation as of the enforceability date. tem Integration Agreement, and the 611(g) (A) by the Kickapoo Tribe, certain water- (3) ALLOTTEE.—The term ‘‘allottee’’ means Agreement do not conflict with this title, shed and conservation districts in the State an individual or Indian Tribe with a bene- the Secretary shall execute the Settlement of Kansas, and the Department of Wildlife ficial interest in an allotment held in trust Agreement, the Cost-Sharing and System In- and Parks of the State of Kansas; and by the United States. tegration Agreement, and the 611(g) Agree- (B) with the cooperation and technical as- (4) ENFORCEABILITY DATE.—The term ‘‘en- ment (including any amendments that are sistance of the Natural Resources Conserva- forceability date’’ means the date on which necessary to make the Settlement Agree- tion Service; and the Secretary publishes in the Federal Reg- ment, the Cost-Sharing and System Integra- (2) described in the report of the Com- ister the statement of findings described in tion Agreement, or the 611(g) Agreement mittee on Environment and Public Works of subsection (g)(1). consistent with this title).’’. the Senate (Senate Report 105–13; April 22, (5) GENERAL STREAM ADJUDICATION.—The (g) REQUIREMENTS FOR DETERMINATION OF 1997). term ‘‘general stream adjudication’’ means SUBSTANTIAL COMPLETION OF THE REGIONAL (b) STUDY; RECOMMENDATIONS.—To support the adjudication pending, as of the date of WATER SYSTEM.—Section 623(e) of the the purposes of achieving a fair, equitable, enactment of this Act, in the Seventh Judi- Aamodt Litigation Settlement Act (Public and final settlement of claims to water cial District in and for Grand County, State Law 111–291; 124 Stat. 3151) is amended— rights for the Kickapoo Tribe in the State of of Utah, commonly known as the ‘‘South- (1) by striking paragraph (1) and inserting Kansas, the Secretary of Agriculture (acting eastern Colorado River General Adjudica- the following: through the Chief of the Natural Resources tion’’, Civil No. 810704477, conducted pursu- ‘‘(1) CRITERIA FOR SUBSTANTIAL COMPLETION Conservation Service), in consultation with ant to State law. OF REGIONAL WATER SYSTEM.—Subject to the the Secretary of the Interior (acting through (6) INJURY TO WATER RIGHTS.—The term provisions of section 611(d) concerning the the Director of the Secretary’s Indian Water ‘‘injury to water rights’’ means an inter- extent, size, and capacity of the County Dis- Rights Office), shall— ference with, diminution of, or deprivation tribution System, the Regional Water Sys- (1) commence a study of the multipurpose of water rights under Federal or State law, tem shall be determined to be substantially dam described in the Upper Delaware and excluding injuries to water quality. completed if— Tributaries Watershed Plan; and (7) MEMBER.—The term ‘‘member’’ means ‘‘(A) the infrastructure has been con- (2) not later than 2 years after the date of any person who is a duly enrolled member of structed capable of— enactment of this Act, make recommenda- the Navajo Nation. ‘‘(i) diverting, treating, transmitting, and tions to Congress with respect to the mate- (8) NAVAJO NATION OR NATION.—The term distributing a supply of 2,500 acre-feet of rial alterations or changes to the Upper ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.026 S04JNPT1 dlhill on DSK120RN23PROD with SENATE S2740 CONGRESSIONAL RECORD — SENATE June 4, 2020 politic and federally recognized Indian na- tional Environmental Policy Act of 1969 (42 (A) authorizes any action by the Nation tion, as published on the list established U.S.C. 4321 et seq.). against the United States under Federal, under section 104(a) of the Federally Recog- (d) NAVAJO WATER RIGHTS.— State, Tribal, or local law; or nized Indian Tribe List Act of 1994 (25 U.S.C. (1) CONFIRMATION OF NAVAJO WATER (B) alters or affects the status of any ac- 5131(a)), also known variously as the ‘‘Navajo RIGHTS.— tion brought pursuant to section 1491(a) of Nation’’, the ‘‘Navajo Nation of Arizona, New (A) QUANTIFICATION.—The Navajo Nation title 28, United States Code. Mexico, & Utah’’, and the ‘‘Navajo Nation of shall have the right to use water from water (e) NAVAJO TRUST ACCOUNTS.— Indians’’ and other similar names, and in- sources located within Utah and adjacent to (1) ESTABLISHMENT.—The Secretary shall cludes all bands of Navajo Indians and chap- or encompassed within the boundaries of the establish a trust fund, to be known as the ters of the Navajo Nation and all divisions, Reservation resulting in depletions not to ‘‘Navajo Utah Settlement Trust Fund’’ (re- agencies, officers, and agents thereof. exceed 81,500 acre-feet annually as described ferred to in this section as the ‘‘Trust (9) NAVAJO WATER DEVELOPMENT in the agreement and as confirmed in the de- Fund’’), to be managed, invested, and distrib- PROJECTS.—The term ‘‘Navajo water develop- cree entered by the general stream adjudica- uted by the Secretary and to remain avail- ment projects’’ means projects for domestic tion court. able until expended, consisting of the municipal water supply, including distribu- (B) SATISFACTION OF ALLOTTEE RIGHTS.—De- amounts deposited in the Trust Fund under tion infrastructure, and agricultural water pletions resulting from the use of water on paragraph (3), together with any interest conservation, to be constructed, in whole or an allotment shall be accounted for as a de- earned on those amounts, for the purpose of in part, using monies from the Navajo Water pletion by the Navajo Nation for purposes of carrying out this section. Development Projects Account. depletion accounting under the agreement, (2) ACCOUNTS.—The Secretary shall estab- (10) NAVAJO WATER RIGHTS.—The term including recognition of— lish in the Trust Fund the following Ac- ‘‘Navajo water rights’’ means the Nation’s (i) any water use existing on an allotment counts (referred to in this subsection as the water rights in Utah described in the agree- as of the date of enactment of this Act and ‘‘Trust Fund Accounts’’): ment and this section. as subsequently reflected in the hydro- (A) The Navajo Water Development (11) OM&R.—The term ‘‘OM&R’’ means op- graphic survey report referenced in sub- Projects Account. eration, maintenance, and replacement. section (f)(2); (B) The Navajo OM&R Account. (ii) reasonable domestic and stock water (3) DEPOSITS.—The Secretary shall deposit (12) PARTIES.—The term ‘‘parties’’ means the Navajo Nation, the State, and the United uses put into use on an allotment; and in the Trust Fund Accounts— States. (iii) any allotment water rights that may (A) in the Navajo Water Development be decreed in the general stream adjudica- Projects Account, the amounts made avail- (13) RESERVATION.—The term ‘‘Reserva- tion or other appropriate forum. able pursuant to subsection (f)(1)(A); and tion’’ means, for purposes of the agreement (C) SATISFACTION OF ON-RESERVATION STATE (B) in the Navajo OM&R Account, the and this section, the Reservation of the Nav- LAW-BASED WATER RIGHTS.—Depletions re- amount made available pursuant to sub- ajo Nation in Utah as in existence on the sulting from the use of water on the Reserva- section (f)(1)(B). date of enactment of this Act and depicted tion pursuant to State law-based water (4) MANAGEMENT AND INTEREST.— on the map attached to the agreement as Ex- rights existing as of the date of enactment of (A) MANAGEMENT.—Upon receipt and de- hibit A, including any parcel of land granted this Act shall be accounted for as depletions posit of the funds into the Trust Fund Ac- out of the public domain and held in trust by by the Navajo Nation for purposes of deple- counts, the Secretary shall manage, invest, the United States entirely for the benefit of tion accounting under the agreement. and distribute all amounts in the Trust Fund the Navajo Nation as of the enforceability (D) IN GENERAL.—The Navajo water rights in a manner that is consistent with the in- date. are ratified, confirmed, and declared to be vestment authority of the Secretary under— (14) SECRETARY.—The term ‘‘Secretary’’ valid. (i) the first section of the Act of June 24, means the Secretary of the Interior or a duly (E) USE.—Any use of the Navajo water 1938 (25 U.S.C. 162a); authorized representative thereof. rights shall be subject to the terms and con- (ii) the American Indian Trust Fund Man- (15) STATE.—The term ‘‘State’’ means the ditions of the agreement and this section. agement Reform Act of 1994 (25 U.S.C. 4001 et State of Utah and all officers, agents, depart- (F) CONFLICT.—In the event of a conflict seq.); and ments, and political subdivisions thereof. between the agreement and this section, the (iii) this subsection. (16) UNITED STATES.—The term ‘‘United provisions of this section shall control. (B) INVESTMENT EARNINGS.—In addition to States’’ means the United States of America (2) TRUST STATUS OF NAVAJO WATER the deposits under paragraph (3), any invest- and all departments, agencies, bureaus, offi- RIGHTS.—The Navajo water rights— ment earnings, including interest, credited cers, and agents thereof. (A) shall be held in trust by the United to amounts held in the Trust Fund are au- (17) UNITED STATES ACTING IN ITS TRUST CA- States for the use and benefit of the Nation thorized to be appropriated to be used in ac- PACITY.—The term ‘‘United States acting in in accordance with the agreement and this cordance with the uses described in para- its trust capacity’’ means the United States section; and graph (8). acting for the benefit of the Navajo Nation (B) shall not be subject to forfeiture or (5) AVAILABILITY OF AMOUNTS.—Amounts or for the benefit of allottees. abandonment. appropriated to, and deposited in, the Trust (c) RATIFICATION OF AGREEMENT.— (3) AUTHORITY OF THE NATION.— Fund, including any investment earnings, (1) APPROVAL BY CONGRESS.—Except to the (A) IN GENERAL.—The Nation shall have the shall be made available to the Nation by the extent that any provision of the agreement authority to allocate, distribute, and lease Secretary beginning on the enforceability conflicts with this section, Congress ap- the Navajo water rights for any use on the date and subject to the uses and restrictions proves, ratifies, and confirms the agreement Reservation in accordance with the agree- set forth in this subsection. (including any amendments to the agree- ment, this section, and applicable Tribal and (6) WITHDRAWALS.— ment that are executed to make the agree- Federal law. (A) WITHDRAWALS UNDER THE AMERICAN IN- ment consistent with this section). (B) OFF-RESERVATION USE.—The Nation DIAN TRUST FUND MANAGEMENT REFORM ACT (2) EXECUTION BY SECRETARY.—The Sec- may allocate, distribute, and lease the Nav- OF 1994.—The Nation may withdraw any por- retary is authorized and directed to prompt- ajo water rights for off-Reservation use in tion of the funds in the Trust Fund on ap- ly execute the agreement to the extent that accordance with the agreement, subject to proval by the Secretary of a tribal manage- the agreement does not conflict with this the approval of the Secretary. ment plan submitted by the Nation in ac- section, including— (C) ALLOTTEE WATER RIGHTS.—The Nation cordance with the American Indian Trust (A) any exhibits to the agreement requir- shall not object in the general stream adju- Fund Management Reform Act of 1994 (25 ing the signature of the Secretary; and dication or other applicable forum to the U.S.C. 4001 et seq.). (B) any amendments to the agreement nec- quantification of reasonable domestic and (i) REQUIREMENTS.—In addition to the re- essary to make the agreement consistent stock water uses on an allotment, and shall quirements under the American Indian Trust with this section. administer any water use on the Reservation Fund Management Reform Act of 1994 (25 (3) ENVIRONMENTAL COMPLIANCE.— in accordance with applicable Federal law, U.S.C. 4001 et seq.), the tribal management (A) IN GENERAL.—In implementing the including recognition of— plan under this subparagraph shall require agreement and this section, the Secretary (i) any water use existing on an allotment that the Nation shall spend all amounts shall comply with all applicable provisions as of the date of enactment of this Act and withdrawn from the Trust Fund and any in- of— as subsequently reflected in the hydro- vestment earnings accrued through the in- (i) the Endangered Species Act of 1973 (16 graphic survey report referenced in sub- vestments under the Tribal management U.S.C. 1531 et seq.); section (f)(2); plan in accordance with this section. (ii) the National Environmental Policy Act (ii) reasonable domestic and stock water (ii) ENFORCEMENT.—The Secretary may of 1969 (42 U.S.C. 4321 et seq.); and uses on an allotment; and carry out such judicial and administrative (iii) all other applicable environmental (iii) any allotment water rights decreed in actions as the Secretary determines to be laws and regulations. the general stream adjudication or other ap- necessary to enforce the Tribal management (B) EXECUTION OF THE AGREEMENT.—Execu- propriate forum. plan to ensure that amounts withdrawn by tion of the agreement by the Secretary as (4) EFFECT.—Except as otherwise expressly the Nation from the Trust Fund under this provided for in this section shall not con- provided in this subsection, nothing in this subparagraph are used in accordance with stitute a major Federal action under the Na- section— this section.

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(B) WITHDRAWALS UNDER EXPENDITURE shall be retained until expended, withdrawn, States (acting through the Secretary) agree PLAN.—The Nation may submit to the Sec- or reverted to the general fund of the Treas- that an extension is reasonably necessary. retary a request to withdraw funds from the ury. (h) WAIVERS AND RELEASES.— Trust Fund pursuant to an approved expendi- (2) IMPLEMENTATION COSTS.—There is au- (1) IN GENERAL.— ture plan. thorized to be appropriated non-trust funds (A) WAIVER AND RELEASE OF CLAIMS BY THE (i) REQUIREMENTS.—To be eligible to with- in the amount of $1,000,000 to assist the NATION AND THE UNITED STATES ACTING IN ITS draw funds under an expenditure plan under United States with costs associated with the CAPACITY AS TRUSTEE FOR THE NATION.—Sub- this subparagraph, the Nation shall submit implementation of this section, including ject to the retention of rights set forth in to the Secretary for approval an expenditure the preparation of a hydrographic survey of paragraph (3), in return for confirmation of plan for any portion of the Trust Fund that historic and existing water uses on the Res- the Navajo water rights and other benefits the Nation elects to withdraw pursuant to ervation and on allotments. set forth in the agreement and this section, this subparagraph, subject to the condition (3) STATE COST SHARE.—The State shall the Nation, on behalf of itself and the mem- that the funds shall be used for the purposes contribute $8,000,000 payable to the Sec- bers of the Nation (other than members in described in this section. retary for deposit into the Navajo Water De- their capacity as allottees), and the United (ii) INCLUSIONS.—An expenditure plan velopment Projects Account of the Trust States, acting as trustee for the Nation and under this subparagraph shall include a de- Fund established under subsection (e)(2)(A) members of the Nation (other than members scription of the manner and purpose for in installments in each of the 3 years fol- in their capacity as allottees), are authorized which the amounts proposed to be withdrawn lowing the execution of the agreement by and directed to execute a waiver and release from the Trust Fund will be used by the Na- the Secretary as provided for in subsection of— tion, in accordance with paragraphs (3) and (c)(2). (i) all claims for water rights within Utah (8). (4) FLUCTUATION IN COSTS.—The amount au- based on any and all legal theories that the (iii) APPROVAL.—On receipt of an expendi- thorized to be appropriated under paragraph Navajo Nation or the United States acting in ture plan under this subparagraph, the Sec- (1) shall be increased or decreased, as appro- its trust capacity for the Nation, asserted, or retary shall approve the plan, if the Sec- priate, by such amounts as may be justified could have asserted, at any time in any pro- retary determines that the plan— by reason of ordinary fluctuations in costs ceeding, including to the general stream ad- (I) is reasonable; occurring after the date of enactment of this (II) is consistent with, and will be used for, judication, up to and including the enforce- Act as indicated by the Bureau of Reclama- ability date, except to the extent that such the purposes of this section; and tion Construction Cost Index—Composite (III) contains a schedule which describes rights are recognized in the agreement and Trend. this section; and that tasks will be completed within 18 (A) REPETITION.—The adjustment process months of receipt of withdrawn amounts. (ii) all claims for damages, losses, or inju- under this paragraph shall be repeated for ries to water rights or claims of interference (iv) ENFORCEMENT.—The Secretary may each subsequent amount appropriated until carry out such judicial and administrative with, diversion, or taking of water rights (in- the amount authorized, as adjusted, has been cluding claims for injury to lands resulting actions as the Secretary determines to be appropriated. necessary to enforce an expenditure plan to from such damages, losses, injuries, inter- (B) PERIOD OF INDEXING.—The period of in- ference with, diversion, or taking of water ensure that amounts disbursed under this dexing adjustment for any increment of subparagraph are used in accordance with rights) within Utah against the State, or any funding shall end on the date on which funds this section. person, entity, corporation, or municipality, are deposited into the Trust Fund. (7) EFFECT OF TITLE.—Nothing in this sec- that accrued at any time up to and including tion gives the Nation the right to judicial re- (g) CONDITIONS PRECEDENT.— the enforceability date. view of a determination of the Secretary re- (1) IN GENERAL.—The waivers and releases (2) CLAIMS BY THE NAVAJO NATION AGAINST garding whether to approve a Tribal manage- contained in subsection (h) shall become ef- THE UNITED STATES.—The Navajo Nation, on ment plan or an expenditure plan except fective as of the date the Secretary causes to behalf of itself (including in its capacity as under subchapter II of chapter 5, and chapter be published in the Federal Register a state- allottee) and its members (other than mem- 7, of title 5, United States Code (commonly ment of findings that— bers in their capacity as allottees), shall exe- known as the ‘‘Administrative Procedure (A) to the extent that the agreement con- cute a waiver and release of— Act’’). flicts with this section, the agreement has (A) all claims the Navajo Nation may have (8) USES.—Amounts from the Trust Fund been revised to conform with this section; against the United States relating in any shall be used by the Nation for the following (B) the agreement, so revised, including manner to claims for water rights in, or purposes: waivers and releases of claims set forth in water of, Utah that the United States acting (A) The Navajo Water Development subsection (h), has been executed by the par- in its trust capacity for the Nation asserted, Projects Account shall be used to plan, de- ties, including the United States; or could have asserted, in any proceeding, in- sign, and construct the Navajo water devel- (C) Congress has fully appropriated, or the cluding the general stream adjudication; opment projects and for the conduct of re- Secretary has provided from other author- (B) all claims the Navajo Nation may have lated activities, including to comply with ized sources, all funds authorized under sub- against the United States relating in any Federal environmental laws. section (f)(1); manner to damages, losses, or injuries to (B) The Navajo OM&R Account shall be (D) the State has enacted any necessary water, water rights, land, or other resources used for the operation, maintenance, and re- legislation and provided the funding required due to loss of water or water rights (includ- placement of the Navajo water development under the agreement and subsection (f)(3); ing damages, losses, or injuries to hunting, projects. and fishing, gathering, or cultural rights due to (9) LIABILITY.—The Secretary and the Sec- (E) the court has entered a final or inter- loss of water or water rights; claims relating retary of the Treasury shall not be liable for locutory decree that— to interference with, diversion, or taking of the expenditure or investment of any (i) confirms the Navajo water rights con- water; or claims relating to failure to pro- amounts withdrawn from the Trust Fund by sistent with the agreement and this section; tect, acquire, replace, or develop water or the Nation under paragraph (6). and water rights) within Utah that first accrued (10) NO PER CAPITA DISTRIBUTIONS.—No por- (ii) with respect to the Navajo water at any time up to and including the enforce- tion of the Trust Fund shall be distributed rights, is final and nonappealable. ability date; on a per capita basis to any member of the (2) EXPIRATION DATE.—If all the conditions (C) all claims the Nation may have against Nation. precedent described in paragraph (1) have not the United States relating in any manner to (11) EXPENDITURE REPORTS.—The Navajo been fulfilled to allow the Secretary’s state- the litigation of claims relating to the Na- Nation shall submit to the Secretary annu- ment of findings to be published in the Fed- tion’s water rights in proceedings in Utah; ally an expenditure report describing accom- eral Register by October 31, 2030— and plishments and amounts spent from use of (A) the agreement and this section, includ- (D) all claims the Nation may have against withdrawals under a Tribal management ing waivers and releases of claims described the United States relating in any manner to plan or an expenditure plan as described in in those documents, shall no longer be effec- the negotiation, execution, or adoption of this section. tive; the agreement or this section. (f) AUTHORIZATION OF APPROPRIATIONS.— (B) any funds that have been appropriated (3) RESERVATION OF RIGHTS AND RETENTION (1) AUTHORIZATION.—There are authorized pursuant to subsection (f) but not expended, OF CLAIMS BY THE NAVAJO NATION AND THE to be appropriated to the Secretary— including any investment earnings on funds UNITED STATES.—Notwithstanding the waiv- (A) for deposit in the Navajo Water Devel- that have been appropriated pursuant to ers and releases authorized in this section, opment Projects Account of the Trust Fund such subsection, shall immediately revert to the Navajo Nation, and the United States established under subsection (e)(2)(A), the general fund of the Treasury; and acting in its trust capacity for the Nation, $198,300,000, which funds shall be retained (C) any funds contributed by the State pur- retain— until expended, withdrawn, or reverted to suant to subsection (f)(3) but not expended (A) all claims for injuries to and the en- the general fund of the Treasury; and shall be returned immediately to the State. forcement of the agreement and the final or (B) for deposit in the Navajo OM&R Ac- (3) EXTENSION.—The expiration date set interlocutory decree entered in the general count of the Trust Fund established under forth in paragraph (2) may be extended if the stream adjudication, through such legal and subsection (e)(2)(B), $11,100,000, which funds Navajo Nation, the State, and the United equitable remedies as may be available in

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(B) all rights to use and protect water limitations or any time-based equitable de- Following my bipartisan letter to the rights acquired after the enforceability date; fense under any other applicable law. president on April 8, 2020, regarding the (C) all claims relating to activities affect- (i) MISCELLANEOUS PROVISIONS.— removal of the Intelligence Community ing the quality of water, including any (1) PRECEDENT.—Nothing in this section es- claims under the Comprehensive Environ- tablishes any standard for the quantification Inspector General (IC IG), I sent a sepa- mental Response, Compensation, and Liabil- or litigation of Federal reserved water rights rate letter to the President regarding ity Act of 1980 (42 U.S.C. 9601 et seq.) (includ- or any other Indian water claims of any the removal of the Department of ing claims for damages to natural resources), other Indian Tribe in any other judicial or State Inspector General (State IG). My the Safe Drinking Water Act (42 U.S.C. 300f administrative proceeding. letter echoed the IC IG letter to the et seq.), and the Federal Water Pollution (2) OTHER INDIAN TRIBES.—Nothing in the President and reminded him of his re- Control Act (33 U.S.C. 1251 et seq.), the regu- agreement or this section shall be construed quirement under the Inspector General lations implementing those Acts, and the in any way to quantify or otherwise ad- Reform Act to provide clear reasons for common law; versely affect the water rights, claims, or en- (D) all claims for water rights, and claims titlements to water of any Indian Tribe, removal of inspectors general. I also for injury to water rights, in States other band, or community, other than the Navajo raised concerns regarding the inherent than the State of Utah; Nation. conflicts of interest created by naming (E) all claims, including environmental (j) RELATION TO ALLOTTEES.— individuals holding political positions claims, under any laws (including regula- (1) NO EFFECT ON CLAIMS OF ALLOTTEES.— within the overseen agency as acting tions and common law) relating to human Nothing in this section or the agreement inspectors general. After a delay, the shall affect the rights or claims of allottees, health, safety, or the environment; and White House promised me a response to (F) all rights, remedies, privileges, immu- or the United States, acting in its capacity nities, and powers not specifically waived as trustee for or on behalf of allottees, for both the IC IG letter and my State IG and released pursuant to the agreement and water rights or damages related to lands al- letter that fulfilled the statutory re- this section. lotted by the United States to allottees, ex- quirement by providing substantive (4) EFFECT.—Nothing in the agreement or cept as provided in subsection (d)(1)(B). reasons for the removal. On the this section— (2) RELATIONSHIP OF DECREE TO evening of May 26, 2020, I received a re- (A) affects the ability of the United States ALLOTTEES.—Allottees, or the United States, sponse from the White House, but it acting in its sovereign capacity to take ac- acting in its capacity as trustee for contained no explanation for the re- tions authorized by law, including any laws allottees, are not bound by any decree en- relating to health, safety, or the environ- tered in the general stream adjudication moval of the State IG and made no ment, including the Comprehensive Environ- confirming the Navajo water rights and shall comment regarding the conflicts of in- mental Response, Compensation, and Liabil- not be precluded from making claims to terest issues that I raised. ity Act of 1980 (42 U.S.C. 9601 et seq.), the water rights in the general stream adjudica- Though the Constitution gives the Safe Drinking Water Act (42 U.S.C. 300f et tion. Allottees, or the United States, acting president the authority to manage ex- seq.), the Federal Water Pollution Control in its capacity as trustee for allottees, may ecutive branch personnel, Congress has Act (33 U.S.C. 1251 et seq.), the Solid Waste make claims and such claims may be adju- made it clear that should the president dicated as individual water rights in the gen- Disposal Act (42 U.S.C. 6901 et seq.), and the find reason to remove an inspector gen- regulations implementing those laws; eral stream adjudication. (B) affects the ability of the United States (k) ANTIDEFICIENCY.—The United States eral, there ought to be a good reason to take actions in its capacity as trustee for shall not be liable for any failure to carry for it. The White House’s response any other Indian Tribe or allottee; out any obligation or activity authorized by failed to address this requirement, (C) confers jurisdiction on any State court this section (including any obligation or ac- which Congress clearly stated in stat- to— tivity under the agreement) if adequate ap- ute and accompanying reports. I don’t (i) interpret Federal law regarding health, propriations are not provided expressly by dispute the President’s authority under safety, or the environment or determine the Congress to carry out the purposes of this the Constitution, but without suffi- duties of the United States or other parties section. pursuant to such Federal law; and cient explanation, the American people SEC. 5. SHARING ARRANGEMENTS WITH FED- will be left speculating whether polit- (ii) conduct judicial review of Federal ERAL AGENCIES. agency action; or Section 405 of the Indian Health Care Im- ical or self-interests are to blame. (D) modifies, conflicts with, preempts, or provement Act (25 U.S.C. 1645) is amended— That’s not good for the presidency or otherwise affects— (1) in subsection (a)(1), by inserting ‘‘urban government accountability. This is (i) the Boulder Canyon Project Act (43 Indian organizations,’’ before ‘‘and tribal or- only compounded when the acting IG U.S.C. 617 et seq.); ganizations’’; and maintains their presidentially ap- (ii) the Boulder Canyon Project Adjust- (2) in subsection (c)— pointed position within the overseen ment Act (43 U.S.C. 618 et seq.); (A) by inserting ‘‘urban Indian organiza- (iii) the Act of April 11, 1956 (commonly agency. tion,’’ before ‘‘or tribal organization’’; and Further, the White House’s response known as the ‘‘Colorado River Storage (B) by inserting ‘‘an urban Indian organiza- Project Act’’) (43 U.S.C. 620 et seq.); tion,’’ before ‘‘or a tribal organization’’. states that the President was acting in (iv) the Colorado River Basin Project Act a manner that comported with the SEC. 6. AMENDMENT TO THE INDIAN HEALTH (43 U.S.C. 1501 et seq.); CARE IMPROVEMENT ACT. precedent that began under the Obama (v) the Treaty between the United States Section 409 of the Indian Health Care Im- administration. The letter states that of America and Mexico respecting utilization provement Act (25 U.S.C. 1647b) is amended the President’s letter mirrors the one of waters of the Colorado and Tijuana Rivers by inserting ‘‘or the Tribally Controlled and of the Rio Grande, signed at Washington sent by President Obama when he re- Schools Act of 1988 (25 U.S.C. 2501 et seq.)’’ February 3, 1944 (59 Stat. 1219); moved IG Walpin. What that letter (vi) the Colorado River Compact of 1922, as after ‘‘(25 U.S.C. 450 et seq.)’’. fails to mention is that President approved by the Presidential Proclamation f Obama, at the demand of myself and of June 25, 1929 (46 Stat. 3000); and other members of this Chamber, even- (vii) the Upper Colorado River Basin Com- NOTICE OF INTENT TO OBJECT TO tually did send several letters explain- pact as consented to by the Act of April 6, PROCEEDING ing in much greater detail the reasons 1949 (63 Stat. 31, chapter 48). I, Senator CHUCK GRASSLEY, intend for the removal of Mr. Walpin. They (5) TOLLING OF CLAIMS.— to object to proceeding to the nomina- (A) IN GENERAL.—Each applicable period of were inadequate responses that contin- limitation and time-based equitable defense tion of Mashall Billingslea, of Virginia, ually changed and eventually resulted relating to a claim waived by the Navajo Na- to be Under Secretary of State for in a bicameral investigation into the tion described in this subsection shall be Arms Control and International Secu- matter, but reasons were provided. tolled for the period beginning on the date of rity dated June 4, 2020. I have attached copies of these let- enactment of this Act and ending on the en- Mr. GRASSLEY. Mr. President, I in- ters and the aforementioned report for forceability date. tend to object to any unanimous con- the RECORD. I intend to maintain this (B) EFFECT OF PARAGRAPH.—Nothing in this paragraph revives any claim or tolls any pe- sent request relating to the nomina- hold until the notice requirement in riod of limitation or time-based equitable de- tion of Marshall Billingslea, of Vir- the Inspector General Act of 1978, 5 fense that expired before the date of enact- ginia, to be Under Secretary of State U.S.C. app. 3(b) is met and the reasons ment of this Act. for Arms Control and International Se- for the IC IGs removal are provided.

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A04JN6.026 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2743 NOTICE OF INTENT TO OBJECT TO AUTHORITY FOR COMMITTEES TO Standing Rules of the Senate, do hereby PROCEEDING MEET move to bring to a close debate on the mo- tion to proceed to Calendar No. 75, H.R. 1957, I, Senator CHUCK GRASSLEY, intend Mr. ALEXANDER. Mr. President, I a bill to amend the Internal Revenue Code of to object to proceeding to the nomina- have 6 requests for committees to meet 1986 to modernize and improve the Internal tion of Christopher C. Miller, of Vir- during today’s session of the Senate. Revenue Service, and for other purposes. ginia, to be Director of the National They have the approval of the Majority Mitch McConnell, Thom Tillis, Pat Rob- Counterterrorism Center, Office of the and Minority leaders. erts, Shelley Moore Capito, Mike Director of National Intelligence dated Pursuant to rule XXVI, paragraph Crapo, Lindsey Graham, David Perdue, Martha McSally, Richard Burr, Cory June 4, 2020. 5(a), of the Standing Rules of the Sen- ate, the following committees are au- Gardner, Steve Daines, Lamar Alex- Mr. GRASSLEY. Mr. President, I in- ander, Tom Cotton, Kevin Cramer, tend to object to any unanimous con- thorized to meet during today’s session John Boozman, Rob Portman, Susan M. sent request relating to the nomina- of the Senate: Collins. tion of Christopher C. Miller, of Vir- COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. MCCONNELL. I ask unanimous ginia, to be Director of the National AFFAIRS consent that the mandatory quorum Counterterrorism Center, Office of the The Committee on Banking, Housing, call for the cloture motion be waived. Director of National Intelligence and Urban Affairs is authorized to The PRESIDING OFFICER. Without (PN1741). meet during the session of the Senate objection, it is so ordered. on Thursday, June 4, 2020, at 11 a.m., to On April 8, 2020, I sent a bipartisan f letter to the President cosigned by conduct a hearing. seven of my colleagues regarding the COMMITTEE ON ENVIRONMENT AND PUBLIC SIGNING AUTHORITY removal of Intelligence Community In- WORKS Mr. MCCONNELL. Mr. President, I spector General (IC IG) Michael Atkin- The Committee on Environment and ask unanimous consent that the major- son. That letter reminded the Presi- Public Works is authorized to meet ity leader be authorized to sign duly dent of his requirement under the In- during the session of the Senate on enrolled bills or joint resolutions spector General Reform Act to provide Thursday, June 4, 2020, at 10 a.m., to through Monday, June 8, 2020. clear reasons for such removal. After a conduct a hearing. The PRESIDING OFFICER. Without delay, the White House promised me a COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. response to my letter that fulfilled the The Committee on Foreign Relations f statutory requirement by providing is authorized to meet during the ses- sion of the Senate on Thursday, June 4, INDIAN WATER RIGHTS substantive reasons for the removal. SETTLEMENT EXTENSION ACT On the evening of May 26, 2020, I re- 2020, at 10 a.m., to conduct a hearing ceived a response from the White nominations. Mr. MCCONNELL. Mr. President, I House, but it contained no explanation COMMITTEE ON HEALTH, EDUCATION, LABOR, ask unanimous consent that the Sen- for the removal of the IC IG. AND PENSIONS ate proceed to the immediate consider- Though the Constitution gives the The Committee on Health, Edu- ation of Calendar No. 397, S. 886. president the authority to manage ex- cation, Labor, and Pensions is author- The PRESIDING OFFICER. The ecutive branch personnel, Congress has ized to meet during the session of the clerk will report the bill by title. The bill clerk read as follows: made it clear that should the president Senate on Thursday, June 4, 2020, at 10 find reason to fire an inspector general, a.m., to conduct a hearing. A bill (S. 886) to amend the Omnibus Public COMMITTEE ON HOMELAND SECURITY AND Land Management Act of 2009 to make the there ought to be a good reason for it. Reclamation Water Settlements Fund per- The White House’s response failed to GOVERNMENTAL AFFAIRS The Committee on Homeland Secu- manent. address this requirement, which Con- The PRESIDING OFFICER. Is there gress clearly stated in statute and ac- rity and Governmental Affairs is au- thorized to meet during the session of objection to proceeding to the meas- companying reports. I don’t dispute the ure? President’s authority under the Con- the Senate on Thursday, June 4, 2020, at 10 a.m., to conduct a hearing. There being no objection, the Senate stitution, but without sufficient expla- proceeded to consider the bill, which COMMITTEE ON THE JUDICIARY nation, the American people will be had been reported from the Committee The Committee on the Judiciary is left speculating whether political or on Indian Affairs, with an amendment authorized to meet during the session self-interests are to blame. That’s not to strike all after the enacting clause of the Senate on Thursday, June 4, good for the presidency or government and insert in lieu thereof the following: 2020, at 10 a.m., to conduct a hearing. accountability. S. 886 Further, the White House’s response f Be it enacted by the Senate and House of Rep- states that the President was acting in TAXPAYER FIRST ACT OF 2019— resentatives of the United States of America in a manner that comported with the MOTION TO PROCEED Congress assembled, precedent that began under the Obama SECTION 1. SHORT TITLE. administration. The letter states that Mr. MCCONNELL. Mr. President, I move to proceed to Calendar No. 75, This Act may be cited as the ‘‘Indian Water the President’s letter mirrors the one Rights Settlement Extension Act’’. H.R. 1957. sent by President Obama when he re- SEC. 2. RECLAMATION WATER SETTLEMENTS The PRESIDING OFFICER. The moved IG Walpin. What that letter FUND. clerk will report the motion. Section 10501 of the Omnibus Public Land fails to mention is that President The bill clerk read as follows: Obama, at the demand of myself and Management Act of 2009 (43 U.S.C. 407) is Motion to proceed to Calendar No. 75, H.R. amended— other members of this Chamber, even- 1957, a bill to amend the Internal Revenue (1) in subsection (b)(1), by striking ‘‘fiscal tually did send several letters explain- Code of 1986 to modernize and improve the years 2020 through 2029’’ and inserting ‘‘fiscal ing in much greater detail the reasons Internal Revenue Service, and for other pur- years 2020 through 2039’’; for the removal of Mr. Walpin. They poses. (2) in subsection (c)— (A) in paragraph (1), by striking subpara- were inadequate responses that contin- CLOTURE MOTION ually changed and eventually resulted graph (A) and inserting the following: Mr. MCCONNELL. Mr. President, I ‘‘(A) EXPENDITURES.— in a bicameral investigation into the send a cloture motion to the desk for ‘‘(i) IN GENERAL.—Subject to subparagraph matter, but reasons were provided. the motion to proceed. (B)— I have attached copies of these let- The PRESIDING OFFICER. The clo- ‘‘(I) for each of fiscal years 2020 through 2029, ters and the aforementioned report for ture motion having been presented the Secretary may expend from the Fund an the RECORD. I intend to maintain this under rule XXII, the Chair directs the amount not to exceed $120,000,000, plus the in- hold until the notice requirement in clerk to read the motion. terest accrued from the Fund, for the fiscal year in which expenditures are made pursuant to the Inspector General Act of 1978, 5 The bill clerk read as follows: paragraphs (2) and (3); and U.S.C. app. § 3(b) is met and the rea- CLOTURE MOTION ‘‘(II) subject to clause (ii), for each of fiscal sons for the IC IGs removal are pro- We, the undersigned Senators, in accord- years 2030 through 2044, the Secretary may ex- vided. ance with the provisions of rule XXII of the pend from the Fund an amount not to exceed

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$120,000,000, plus the interest accrued in the (2) by inserting before paragraph (2) (as so re- ‘‘(1) CRITERIA FOR SUBSTANTIAL COMPLETION Fund, for the fiscal year in which expenditures designated) the following: OF REGIONAL WATER SYSTEM.—Subject to the are made pursuant to paragraph (2). ‘‘(1) 611(g) AGREEMENT.—The term ‘611(g) provisions of section 611(d) concerning the ex- ‘‘(ii) LIMITATION.—Of the amount described in Agreement’ means the agreement dated July 2, tent, size, and capacity of the County Distribu- clause (i)(II) for each of fiscal years 2030 2019, to be executed by the United States, the tion System, the Regional Water System shall be through 2044, the Secretary may expend an State, the Pueblos, the County, and the City determined to be substantially completed if— amount not to exceed $90,000,000 for an indi- pursuant to section 611(g).’’. ‘‘(A) the infrastructure has been constructed vidual Indian water rights settlement, unless (b) FINAL PROJECT DESIGN.—Section 611(b) of capable of— the Secretary determines that an expenditure of the Aamodt Litigation Settlement Act (Public ‘‘(i) diverting, treating, transmitting, and dis- more than $90,000,000 would not adversely affect Law 111–291; 124 Stat. 3137) is amended, in the tributing a supply of 2,500 acre-feet of water to the funding of the implementation of other con- matter preceding paragraph (1), by striking the Pueblos consistent with the Engineering Re- gressionally approved settlement agreements.’’; ‘‘within 90 days of’’ and inserting ‘‘as soon as port (as amended by the 611(g) Agreement and (B) in paragraph (2), in the matter preceding feasible after’’. the Operating Agreement); and subparagraph (A), by striking ‘‘litigation in- (c) CONSTRUCTION COSTS FOR PUEBLO WATER ‘‘(ii) diverting, treating, and transmitting the volving the United States, if the settlement FACILITIES.—Section 611(f) of the Aamodt Liti- quantity of water specified in the Engineering agreement or implementing legislation requires gation Settlement Act (Public Law 111–291; 124 Report to the County Distribution System and the Bureau of Reclamation’’ and inserting Stat. 3138) is amended— consistent with the Engineering Report (as ‘‘claims concerning Indian water resources, if (1) in paragraph (1)— amended by the 611(g) Agreement and the Oper- the settlement agreement or implementing legis- (A) in subparagraph (A), by striking ating Agreement); or lation authorizes the Secretary’’; and ‘‘$106,400,000’’ and inserting ‘‘$243,400,000’’; and ‘‘(B) the Secretary— (C) in paragraph (3)— (B) by striking subparagraph (B) and insert- ‘‘(i) issues a notice to proceed authorizing the (i) in subparagraph (A)— ing the following: commencement of Phase I construction of the (I) in clause (i)— ‘‘(B) EXCEPTION.—Of the amount described in Regional Water System by December 31, 2019, (aa) in subclause (I), by striking ‘‘the entire subparagraph (A)— and subsequently commences construction of the period in which the Fund is in existence’’ and ‘‘(i) the initial $106,400,000 shall be increased Regional Water System; inserting ‘‘the period of fiscal years 2020 or decreased, as appropriate, based on ordinary ‘‘(ii) diligently proceeds to construct the Re- through 2029’’; and fluctuations in construction costs since October (bb) in subclause (II), by inserting ‘‘during gional Water System in accordance with the En- 1, 2006, as determined using applicable engineer- the period of fiscal years 2020 through 2029’’ gineering Report (as amended by the 611(g) ing cost indices; and after ‘‘into the Fund’’; and Agreement), on a schedule for completion by (II) in clause (ii), by inserting ‘‘or are depos- ‘‘(ii) any amounts made available in excess of June 30, 2028; ited into the Fund after fiscal year 2029’’ after the amount described in clause (i) shall be in- ‘‘(iii) expends all of the available funding pro- ‘‘subparagraph (B)’’; creased or decreased, as appropriate, based on vided to construct the Regional Water System (ii) in subparagraph (B)— ordinary fluctuations in construction costs since under section 611(f)(1)(A), in the Cost-Sharing (I) in clauses (i)(II)(bb), (iii)(II)(bb), and October 1, 2018, as determined using applicable and System Integration Agreement, and in the (iv)(II)(bb), by striking ‘‘the entire period in engineering cost indices.’’; and 611(g) Agreement; which the Fund is in existence’’ each place it (2) in paragraph (3), by inserting ‘‘and the ‘‘(iv) complies with the terms of the 611(g) appears and inserting ‘‘the period of fiscal years 611(g) Agreement’’ after ‘‘the Cost-Sharing and Agreement; and 2020 through 2029’’; and System Integration Agreement’’. ‘‘(v) despite diligent efforts cannot complete (II) in clause (iv)(I)— (d) FUNDING FOR REGIONAL WATER SYSTEM.— construction of the Regional Water System as (aa) by striking the period at the end and in- Section 617(a)(1)(B) of the Aamodt Litigation described in the final Engineering Report (as serting ‘‘; and’’; Settlement Act (Public Law 111–291; 124 Stat. amended by the 611(g) Agreement), due solely to (bb) by striking ‘‘through annual appropria- 3147) is amended— the lack of additional authorized funding.’’; tions, the Secretary’’ shall and inserting the fol- (1) by striking ‘‘$50,000,000’’ and inserting (2) in paragraph (2)— lowing: ‘‘through annual appropriations— ‘‘$187,000,000’’; and (A) by striking ‘‘2021’’ and inserting ‘‘2025’’; ‘‘(aa) the Secretary’’; and (2) by striking ‘‘2024’’ and inserting ‘‘2028’’. and (cc) by adding at the end the following: (e) ADJUSTMENT.—Section 617(a)(4) of the (B) by striking ‘‘2024’’ and inserting ‘‘2028’’; ‘‘(bb) if the Indian water rights settlement Aamodt Litigation Settlement Act (Public Law (3) in paragraph (3), in the matter preceding agreement described in item (aa) has not been 111–291; 124 Stat. 3147) is amended by striking subparagraph (A), by striking ‘‘2021’’ and in- approved and authorized by an Act of Congress ‘‘since October 1, 2006, as determined using ap- serting ‘‘2025’’; by December 31, 2021— plicable engineering cost indices’’ and inserting (4) in paragraph (4)(B)(ii)(II), by striking ‘‘(AA) the amount shall no longer be reserved ‘‘pursuant to section 611(f)(1)(B)’’. ‘‘2023’’ and inserting ‘‘2027’’; and for that settlement under subparagraph (f) EXECUTION OF AGREEMENT UNDER SECTION (5) in paragraph (5)(A), by striking ‘‘2024’’ (A)(i)(II); and 611(G).—Section 621 of the Aamodt Litigation and inserting ‘‘2028’’. ‘‘(BB) the Secretary shall deposit the amount Settlement Act (Public Law 111–291; 124 Stat. SEC. 4. KICKAPOO TRIBE. that would have otherwise been reserved under 3149) is amended by striking subsections (a) and (a) DEFINITION OF UPPER DELAWARE AND subparagraph (A)(i)(II) for the Indian water (b) and inserting the following: TRIBUTARIES WATERSHED PLAN.—In this sec- rights settlement agreement into the Lower Colo- ‘‘(a) APPROVAL.—To the extent the Settlement tion, the term ‘‘Upper Delaware and Tributaries rado River Basin Development Fund established Agreement, the Cost-Sharing and System Inte- Watershed Plan’’ means the plan described in under section 403(a) of the Colorado River Basin gration Agreement, and the 611(g) Agreement do the document entitled ‘‘Watershed Plan and En- Project Act (43 U.S.C. 1543(a)), with 65 percent not conflict with this title, the Settlement Agree- vironmental Impact Statement Upper Delaware of that amount in each fiscal year deposited ment, the Cost-Sharing and System Integration and Tributaries Watershed Atchison, Brown, into the Future Indian Water Settlement Sub- Agreement, and the 611(g) Agreement (including Jackson, and Nemaha Counties, Kansas’’, dated account of that Fund.’’; any amendments to the Settlement Agreement, January 1994, and supplemented in June 1994— (iii) in subparagraph (C)— the Cost-Sharing and System Integration Agree- (I) by striking ‘‘December 31, 2019’’ and insert- (1) developed, pursuant to the Watershed Pro- ment, and the 611(g) Agreement that are exe- ing ‘‘December 31, 2021’’; and tection and Flood Prevention Act (16 U.S.C. 1001 (II) by striking ‘‘for any authorized use’’ and cuted to make the Settlement Agreement, the et seq.)— inserting ‘‘for any use authorized under para- Cost-Sharing and System Integration Agree- (A) by the Kickapoo Tribe, certain watershed graph (2)’’; and ment, or the 611(g) Agreement consistent with and conservation districts in the State of Kan- (iv) by adding at the end the following: this title) are authorized, ratified, and con- sas, and the Department of Wildlife and Parks ‘‘(D) SUFFICIENCY OF FUNDS.—The Secretary firmed. of the State of Kansas; and may use amounts in the Fund in a fiscal year ‘‘(b) EXECUTION.—To the extent the Settle- (B) with the cooperation and technical assist- for multiple settlements under subparagraph ment Agreement, the Cost-Sharing and System ance of the Natural Resources Conservation (B), without regard to the priorities described in Integration Agreement, and the 611(g) Agree- Service; and clauses (ii) through (iv) of subparagraph (B), to ment do not conflict with this title, the Sec- (2) described in the report of the Committee on ensure that sufficient funds are available to retary shall execute the Settlement Agreement, Environment and Public Works of the Senate meet the enforceability date or substantial com- the Cost-Sharing and System Integration Agree- (Senate Report 105–13; April 22, 1997). pletion date of a settlement.’’; and ment, and the 611(g) Agreement (including any (b) STUDY; RECOMMENDATIONS.—To support (3) in subsection (f), by striking ‘‘September amendments that are necessary to make the Set- the purposes of achieving a fair, equitable, and 30, 2034’’ and inserting ‘‘September 30, 2044’’. tlement Agreement, the Cost-Sharing and Sys- final settlement of claims to water rights for the SEC. 3. AMENDMENTS TO AAMODT LITIGATION tem Integration Agreement, or the 611(g) Agree- Kickapoo Tribe in the State of Kansas, the Sec- SETTLEMENT ACT. ment consistent with this title).’’. retary of Agriculture (acting through the Chief (a) DEFINITION OF 611(G) AGREEMENT.—Sec- (g) REQUIREMENTS FOR DETERMINATION OF of the Natural Resources Conservation Service), tion 602 of the Aamodt Litigation Settlement Act SUBSTANTIAL COMPLETION OF THE REGIONAL in consultation with the Secretary of the Inte- (Public Law 111–291; 124 Stat. 3134) is amend- WATER SYSTEM.—Section 623(e) of the Aamodt rior (acting through the Director of the Sec- ed— Litigation Settlement Act (Public Law 111–291; retary’s Indian Water Rights Office), shall— (1) by redesignating paragraphs (1) through 124 Stat. 3151) is amended— (1) commence a study of the multipurpose dam (23) as paragraphs (2) through (24), respectively; (1) by striking paragraph (1) and inserting the described in the Upper Delaware and Tribu- and following: taries Watershed Plan; and

VerDate Sep 11 2014 06:51 Jun 05, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 6333 E:\CR\FM\A04JN6.036 S04JNPT1 dlhill on DSK120RN23PROD with SENATE June 4, 2020 CONGRESSIONAL RECORD — SENATE S2745 (2) not later than 2 years after the date of en- AMENDING TITLE 38, UNITED vote on the motion to proceed to H.R. actment of this Act, make recommendations to STATES CODE, TO MODIFY THE 1957 occur at 5:30 p.m. Congress with respect to the material alterations LIMITATION ON PAY FOR CER- The PRESIDING OFFICER. Without or changes to the Upper Delaware and Tribu- TAIN HIGH-LEVEL EMPLOYEES objection, it is so ordered. taries Watershed Plan that are necessary to ef- fectuate, in part, the Tribal water rights agreed AND OFFICERS OF THE DEPART- Mr. MCCONNELL. I suggest the ab- to by the Kickapoo Tribe and the State of Kan- MENT OF VETERANS AFFAIRS sence of a quorum. sas on September 9, 2016, in the Kickapoo Tribe Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Water Rights Settlement Agreement, which oth- ask that the Chair lay before the Sen- clerk will call the roll. erwise remains subject to approval and author- ate the message to accompany S. 3084. The bill clerk proceeded to call the ization by Congress. The Presiding Officer laid before the roll. Mr. MCCONNELL. Mr. President, I Senate the following message from the Mr. MCCONNELL. Mr. President, I ask unanimous consent that the com- House of Representatives: ask unanimous consent that the order mittee-reported substitute be with- for the quorum call be rescinded. drawn; that the Udall amendment at Resolved, That the bill from the Senate (S. 3084) entitled ‘‘An Act to amend title 38, The PRESIDING OFFICER. Without the desk be agreed to; and that the bill, United States Code, to modify the limitation objection, it is so ordered. as amended, be considered read a third on pay for certain high-level employees and time. officers of the Department of Veterans Af- f The PRESIDING OFFICER. Without fairs.’’, do pass with an amendment. objection, it is so ordered. UNANIMOUS CONSENT REQUEST— The committee-reported amendment MOTION TO CONCUR S. 3084 in the nature of a substitute was with- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I drawn. move to concur in the House amend- ask unanimous consent that action The amendment (No. 1592) in the na- ment, and I ask unanimous consent with respect to S. 3084 be vitiated. ture of a substitute was agreed to as that the motion be agreed to and that The PRESIDING OFFICER. Without follows: the motion to reconsider be considered objection, it is so ordered. (Purpose: In the nature of a sub- made and laid upon the table. stitute.) The PRESIDING OFFICER. Without f (The amendment is printed in today’s objection, it is so ordered. RECORD under ‘‘Text of Amendments.’’) ADJOURNMENT UNTIL MONDAY, The bill was ordered to be engrossed f JUNE 8, 2020, AT 3 P.M. for a third reading and was read the ORDERS FOR MONDAY, JUNE 8, Mr. MCCONNELL. Mr. President, if third time. 2020 there is no further business to come be- Mr. MCCONNELL. Mr. President, I fore the Senate, I ask unanimous con- know of no further debate on the bill, Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the sent that it stand adjourned under the as amended. previous order. The PRESIDING OFFICER. Is there Senate completes its business today, it adjourn until 3 p.m., Monday, June 8; There being no objection, the Senate, further debate on the bill, as amended? at 4:09 p.m., adjourned until Monday, The bill having been read the third further, that following the prayer and June 8, 2020, at 3 p.m. time, the question is, Shall the bill pledge, the morning hour be deemed pass? expired, the Journal of proceedings be f The bill (S. 886), as amended, was approved to date, the time for the two passed. leaders be reserved for their use later CONFIRMATION in the day, and morning business be Mr. MCCONNELL. Mr. President, I Executive nomination confirmed by closed; further, that following leader ask unanimous consent that the mo- the Senate: June 4, 2020: tion to reconsider be considered made remarks, the Senate resume consider- BROADCASTING BOARD OF GOVERNORS and laid upon the table. ation of the motion to proceed to Cal- The PRESIDING OFFICER. Without endar No. 75, H.R. 1957; finally, that MICHAEL PACK, OF MARYLAND, TO BE CHIEF EXECU- TIVE OFFICER OF THE BROADCASTING BOARD OF GOV- objection, it is so ordered. notwithstanding rule XXII, the cloture ERNORS FOR THE TERM OF THREE YEARS.

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