S3170 CONGRESSIONAL RECORD — SENATE June 24, 2020 issue you have. They did not stick NAYS—48 Portman Sasse Tillis Risch Scott (FL) Toomey around for that meeting. Baldwin Harris Reed Roberts Scott (SC) Wicker Bennet Hassan Rosen My concern is that 80 percent just Romney Shelby Blumenthal Heinrich Sanders Young Rounds Sullivan won’t do. My concern is that our Booker Hirono Schatz Rubio Thune friends on the other side will not take Brown Jones Schumer advantage of this opportunity to say to Cantwell Kaine Shaheen NAYS—45 Cardin King Sinema Baldwin Harris Rosen the communities that are suffering: We Carper Klobuchar Smith Bennet Hassan Sanders see you. We hear you. We are willing to Casey Leahy Stabenow Blumenthal Heinrich Schatz Collins Manchin Tester respond as one body. Booker Hirono Schumer Coons Markey Udall Brown Kaine Shaheen I implore all of us to vote for the mo- Cortez Masto Menendez Van Hollen Cantwell Klobuchar Sinema tion to proceed so that if there are rec- Duckworth Merkley Warner Cardin Leahy Smith Durbin Murphy Warren ommendations that come in the form Carper Markey Stabenow Feinstein Murray Whitehouse of amendments, we have a vote up or Casey McConnell Tester Gillibrand Peters Wyden down on those amendments. I have of- Coons Menendez Udall fered as many amendments as nec- The nomination was confirmed. Cortez Masto Merkley Van Hollen The PRESIDING OFFICER (Mrs. Duckworth Murphy Warner essary for this bill to be seen by the Durbin Murray Warren public, and, in consultation with the HYDE-SMITH). Under the previous order, Feinstein Peters Whitehouse other side, let it be their bill—not TIM the motion to reconsider is considered Gillibrand Reed Wyden SCOTT’s bill, not the Republican bill, made and laid upon the table, and the The PRESIDING OFFICER. On this not the Democrat bill, but a bill that President will be immediately notified vote, the yeas are 55, the nays are 45. starts to address the issues that have of the Senate’s action. Three-fifths of the Senators duly cho- plagued this Nation for decades. sen and sworn not having voted in the f This is not my first start at this leg- affirmative, the motion is rejected. The majority leader. islation. I started on this bill 5 years CLOTURE MOTION ago, but I could not find voices that MOTION TO RECONSIDER The PRESIDING OFFICER. Pursuant would push forward reforms brought to Mr. MCCONNELL. Mr. President, I to rule XXII, the Chair lays before the our attention by the Walter Scott enter a motion to reconsider the vote. Senate the pending cloture motion, shooting in 2013. The PRESIDING OFFICER. The mo- which the clerk will state. I will close with this: I respect people tion is entered. The senior assistant legislative clerk The majority leader. with whom I disagree. They have the read as follows: right to disagree. My pastor tells me I Mr. MCCONNELL. Mr. President, I CLOTURE MOTION have the right to be wrong, which want to explain the reason I changed to means I am not right all the time. But We, the undersigned Senators, in accord- no. ance with the provisions of rule XXII of the I am in strong support of the bill on this bill, if you don’t think we are Standing Rules of the Senate, do hereby that has been crafted by the Senator right, make it better. Don’t walk away. move to bring to a close debate on the mo- from South Carolina. In order to have Vote for the motion to proceed so that tion to proceed to Calendar No. 480, S. 3985, an opportunity to reconsider the vote we have an opportunity to deal with a bill to improve and reform policing prac- without waiting for 2 days, I changed this very real threat to the America tices, accountability, and transparency. my vote and moved to reconsider, that is civil, that is balanced. This is Mitch McConnell, Cory Gardner, Ben which means that it could come back an opportunity to say yes—to say yes Sasse, Steve Daines, Rob Portman, at any time should progress be made. not to us but to those folks who are John Cornyn, David Perdue, Joni Ernst, James Lankford, Roger F. f waiting for our leadership to stand and Wicker, Mike Crapo, Thom Tillis, Todd be counted. Young, Michael B. Enzi, John Hoeven, LEGISLATIVE SESSION VOTE ON WILSON NOMINATION Tim Scott, Lindsey Graham. The PRESIDING OFFICER. Under The PRESIDING OFFICER. By unan- MORNING BUSINESS the previous order, all postcloture time imous consent, the mandatory quorum Mr. MCCONNELL. Mr. President, I has expired. call has been waived. The question is, Is it the sense of the ask unanimous consent that the Sen- The question is, Will the Senate ad- ate proceed to legislative session for a vise and consent to the Wilson nomina- Senate that debate on the motion to proceed to S. 3985, a bill to improve and period of morning business, with Sen- tion? ators permitted to speak therein for up Mr. LEE. I call for the yeas and nays. reform policing practices, account- ability and transparency, shall be to 10 minutes each. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without sufficient second? brought to a close? The yeas and nays are mandatory objection, it is so ordered. There appears to be a sufficient sec- under the rule. f ond. The clerk will call the roll. NATIONAL DEFENSE AUTHORIZA- The clerk will call the roll. The senior assistant legislative clerk TION ACT FOR FISCAL YEAR The legislative clerk called the roll. called the roll. 2021—Motion to Proceed The result was announced—yeas 52, The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, I nays 48, as follows: LANKFORD). Are there any other Sen- move to proceed to Calendar No. 483, S. [Rollcall Vote No. 125 Ex.] ators in the Chamber desiring to vote 4049. YEAS—52 or change their vote? The PRESIDING OFFICER. The The yeas and nays resulted—yeas 55, Alexander Gardner Portman clerk will report the motion. Barrasso Graham Risch nays 45, as follows: The senior assistant legislative clerk Blackburn Grassley Roberts [Rollcall Vote No. 126 Ex.] read as follows: Blunt Hawley Romney YEAS—55 Motion to proceed to Calendar No. 483, S. Boozman Hoeven Rounds Braun Hyde-Smith Rubio Alexander Crapo Johnson 4049, to authorize appropriations for fiscal Burr Inhofe Sasse Barrasso Cruz Jones year 2021 for military activities of the De- Capito Johnson Scott (FL) Blackburn Daines Kennedy partment of Defense, for military construc- Cassidy Kennedy Blunt Enzi King Scott (SC) tion, and for defense activities of the Depart- Cornyn Lankford Boozman Ernst Lankford Shelby ment of Energy, to prescribe military per- Cotton Lee Braun Fischer Lee Sullivan Cramer Loeffler Burr Gardner Loeffler sonnel strengths for such fiscal year, and for Crapo McConnell Thune Capito Graham Manchin other purposes. Cruz McSally Tillis Cassidy Grassley McSally CLOTURE MOTION Toomey Daines Moran Collins Hawley Moran Mr. MCCONNELL. Mr. President, I Enzi Murkowski Wicker Cornyn Hoeven Murkowski Ernst Paul Young Cotton Hyde-Smith Paul send a cloture motion to the desk for Fischer Perdue Cramer Inhofe Perdue the motion to proceed.

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.012 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3171 The PRESIDING OFFICER. The clo- and universities—are stronger today hope in this country for a little Black ture motion having been presented because of President Trump than they boy like me—14 years old. I failed under rule XXII, the Chair directs the ever have been. Spanish, English, world geography, and clerk to read the motion. The time to act is now and to stop civics. The senior assistant legislative clerk playing politics and pandering to the Civics, as we all know, is as close as read as follows: Democratic base, and let’s get some- it gets to failing politics. I will say CLOTURE MOTION thing done. This bill was never in- that, today, this body, as a whole, is We, the undersigned Senators, in accord- tended to be an end all. It was intended failing civics, or is failing in politics. ance with the provisions of rule XXII of the to be a platform for constructive de- As the Lord would have it, I had an Standing Rules of the Senate, do hereby bate, and here we are with only two amazing mother who believed that it move to bring to a close debate on the mo- Democratic Senators voting to even was her responsibility to pray me out tion to proceed to Calendar No. 483, S. 4049, start the debate. of the hard situations I found myself a bill to authorize appropriations for fiscal I yield to Senator TIM SCOTT. in, and I had the good fortune of meet- year 2021 for military activities of the De- Mr. SCOTT of South Carolina. I ing a mentor after I got through sum- partment of Defense, for military construc- thank the Senator from Georgia. mer school, who redirected me. I pulled tion, and for defense activities of the Depart- Mr. President, there is scripture in myself together with the help of a pow- ment of Energy, to prescribe military per- erful family, a praying grandmother, sonnel strengths for such fiscal year, and for the Bible in the Book of Ezekiel, chap- other purposes. ter 33, somewhere around verse 6. This and a whole lot of faith. I caught up Mitch McConnell, Marsha Blackburn, scripture talks about a watchman on a with my class, and I graduated on Joni Ernst, John Boozman, Steve wall, and his job is to simply say there time. I earned a small football scholar- Daines, Cory Gardner, Pat Roberts, is danger coming. It is a very impor- ship. I went to college and earned a de- Mike Rounds, Mike Crapo, Roger F. tant job. The watchman’s job is to sim- gree in political science. Wicker, Cindy Hyde-Smith, Lamar ply say there is danger coming. Along the way, as a youngster, I Alexander, Shelley Moore Capito, Rob As Senator PERDUE said, I had that joined the NAACP. I joined the Urban Portman, Roy Blunt, John Barrasso, League. I joined many organizations in John Thune. conversation 5 years ago. I didn’t find anyone on the other side who was will- the community because I knew that Mr. MCCONNELL. I ask unanimous ing to engage in that conversation part of my responsibility was to be so- consent that the mandatory quorum then, and here we are 5 years later. cially engaged and to make a dif- call be waived. There is danger coming. I want us to ference no matter how small that dif- The PRESIDING OFFICER. Without hear this clearly because, as we look ference would be. The one organization objection, it is so ordered. out on the streets of America and we I didn’t even think about joining was The Senator from South Carolina. see more unrest and we see more chal- the Republican Party. Why would I Mr. SCOTT of South Carolina. Mr. lenging situations, realize that there is ever think about joining the Repub- President, I yield 2 minutes to the Sen- danger coming. lican Party? While growing up, every ator from Georgia. The watchman’s responsibility is to African American and every Black per- The PRESIDING OFFICER. The Sen- call out the danger, and as the blood- son I knew of was wed to the Demo- ator from Georgia. shed happens, the blood, according to cratic Party because it was better to THE JUSTICE ACT Ezekiel, will not be on the hands of the have a seat in the room than to be out- Mr. PERDUE. Mr. President, I stand watchman, but if he does not shout side. That was the heritage I grew up in strong support of and solidarity with out, if he does not articulate that there in. Let me fast-forward to where we are my colleague and good friend from is danger coming, then the blood will today, and I will return to that. South Carolina, TIM SCOTT. be on his hands. We lost—I lost—a vote today on a It was 5 years ago when a White man There is danger coming. We are in piece of legislation that would have led walked into a church in Charleston, dangerous times. The source of this to the systemic change in the relation- SC. After going through 1 hour of Bible danger is not the failure of this bill on ship between communities of color and study—after they prayed for him and this floor at this time. No, this is mere- the law enforcement community. We read the Bible to him—he pulled out a ly a symptom of the danger that, I be- would have broken this concept in this gun and shot the nine people in that lieve, is right in front of us. This is Nation that somehow, some way, you Bible study. only a symptom of a much deeper have to either be for law enforcement Not long after that, the Presiding Of- issue—a systemic problem. Let me ex- or for communities of color. That is a ficer and I attended one of the funerals plain. false binary choice. It is just not true. in Charleston, SC, and TIM was there. I am a kid who grew up in poverty— This legislation spoke to the impor- Any other city in America would not in abject poverty in many ways. There tant issues that have brought us here have dealt with it the way Charleston, is much worse poverty in America and, today. We wouldn’t be here, as Senator SC, did. Charleston, SC, dealt with it certainly, around the world than that PERDUE alluded to, if it were not for with love, which is something we don’t in which I grew up. I am talking about the death of yet another African-Amer- talk about very often, and TIM SCOTT the poverty of when you come home ican man, George Floyd. His murder is was there. Because of his time in grade and hit the light switch, and there is why the country has given us the op- and because of that mayor and because no light. I am talking about the kind of portunity to lead, but my friends on of the Black leaders in that town and poverty of having a phone attached to the other side just said no, not no to the time in grade they had had with the wall, and when you picked it up, the legislation. They just said no. each other, they moved forward and there was no sound. There are people Why am I saying that they didn’t overcame that tragedy. who have lived in worse poverty than I, just say no to the legislation? Five years ago, TIM SCOTT put a bill but that is poverty from my perspec- It is that, along the way, I sat down on this floor, and we ended up then in tive, and I lived in that poverty. with many of them and asked: What do exactly the same place we are now— One of the challenging situations of you need? doing absolutely nothing. How many poverty that manifests is hopelessness. Senator SCHUMER sent a letter, tell- more Black men and women will have I was that hopeless kid in America, ing, I believe it was, Senator MCCON- to die in America before this body mired in poverty, in a single-parent NELL that there were five things in the stops playing politics with race? household, under the impression that legislation that needed to be improved. It is very clear to me, in having the only way I could escape poverty I said: Let’s give them the five amend- worked hard on justice reform, that would be through athletics or through ments. there are opportunities—with $75 bil- entertainment. I was hopeless. From 7 I sat down with more Senators, and lion going into the most economically years old to 14 years old, I drifted, and they said: Wait. It is not just five. challenged communities in our coun- all drifting leads one in the wrong di- There are 20. I asked: How about 20 try—because of TIM SCOTT, President rection. I failed high school. I embar- amendments? And they walked out. Trump, and all that we are doing. rassed my mom, who was working 16 You see, this process is not broken HBCUs—our historically Black colleges hours a day, because I felt there was no because of the legislation. This is a

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.016 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3172 CONGRESSIONAL RECORD — SENATE June 24, 2020 broken process beyond that one piece I thought—you know, I don’t have who is actually reporting on the bill of legislation. any hair, so I didn’t pull it out, but has actually read the bill, because the It is one of the reasons why commu- here is what I said next. I said: Well, next time I see another story or edi- nities of color—young Americans of all let’s talk about tactics, then. torial that says we don’t do this, their colors—are losing faith in the institu- They said: Well, you don’t ban choke bill does that, and you put the two to- tions of authority and power in this holds. gether, and it is not just off, it is just Nation, because we are playing small I was like, I could have sworn I dead wrong—I realized, finally, it is the ball. We are playing for those in the in- banned choke holds in there some- who that is offering this. sulated chambers. We are playing for where, and then I read the bill. They I have dealt with the problem of who Presidential politics. That is small don’t ban choke holds at the local before. As a Black man, I get the who ball. Playing the big boys’ game is level, at the State level. Do you know being the problem. It is one of the rea- playing for the kids who can’t rep- why? There is this little thing called sons I went to Senator MCCONNELL and resent themselves, and if you don’t like the Constitution. They can’t ban choke said: I want to lead this conversation. what you see, change it. holds. Eric Gardner’s situation would I am the person in our conference who We offered them opportunities—at not have been cured by their ban on has experienced firsthand racial dis- least 20, I offered—to change it, and choke holds because their ban on choke crimination, racial profiling by law en- their answer to me was, you can’t offer holds was for Federal agents. Our legis- forcement, and I am still a fan because us 20 amendments. lation instructed the Attorney General I believe that most law enforcement of- I said: Why not? to ban choke holds for Federal agents. ficers are good. But I am the guy. I am They said: Well, because MITCH What else did we do? Well, we said we your guy, MITCH, because this is my MCCONNELL won’t give you 20 amend- would reduce funding by 20 percent. issue. This is an issue for every poor ments. They reduced funding by 10 percent. So kid growing up in every poor neighbor- I spoke to MITCH MCCONNELL. He our penalty was twice the penalty of hood in this Nation who feels like, said: You can have 20 amendments. the other side, and this is supposed to when I leave my home for a jog, I I told them that. be an issue. might not come back. We went to a press conference yester- I am not sure we have found the This is a serious issue. This is an day, and we said: An open process. issue. We haven’t. It is not choke issue for every single kid who says: Is They didn’t want an open process. holds. It is not the duty to intervene. It this my country? We have heard no. They want one thing. I am going to get is not data collection, because I said: This is the issue that we should be to that. On choke holds? solving, not the legislative issue. That So I asked my friends—I said: What They said: Senator—I sat there at is not the issue. The issue is, do we is it you don’t like about where we are their meeting with them—it is your matter? We had an opportunity to say: going? definition of ‘‘choke holds’’ that is the You matter so much, we will stay on They said: Well, the data collection problem. this floor for as long as it takes and as area. This is the problem. The data col- See, I assumed that when you think many amendments as it takes for us to lection area is the problem. of choke holds, you think of a choke get to the issue that says ‘‘Yes, you I said: Well, tell me the problem. hold, but there is a distinction of the matter.’’ But we said no today. Fifty- Well, the problem is that we are not carotid airflow versus blood flow. They six people said yes—four short—four collecting data. said ours covered only one, not the short of saying yes; yes to having I am like, well, wait a second. I could other. enough information to direct training have sworn when I wrote the legisla- I said: OK. You can have an amend- and resources in such a way that we tion, we were collecting data. So I ment. I will vote for it. We will change could hold people accountable. We were flipped through the pages and realized it. four votes short of saying yes to having we are collecting data for serious bod- They said: We are not here to talk a powerful tool of pulling resources to ily injury and death. about that. compel behavior on choke holds, be- They said: Well, we want to collect I said: Wait a second. If we are not cause I believe that if we had gotten on data on all uses of force. here to debate the issue on the motion the bill, we would have passed this bill. I said: Put it in an amendment, and I to proceed so that we can fix not 50 But that is the problem, by the way. will support it. percent of the bill, not 70 percent of the That is the who I am talking about. That was just one bone of contention. bill, but literally slivers, slight See, as a Black guy, I know how it feels I said: Well, tell me another one. changes on parts of the bill that would to walk into a store and have the little They said: Our bone of contention is move this entire process forward, and clerk follow me around, even as a U.S. that we need you to ban no-knock war- you have the amendment to do so—I Senator. I get that. I have experienced rants because of the Breonna Taylor even said something that I didn’t think that. I understand the traffic stops. I situation. I would say. I said: What about a man- understand that when I am walking I said: Your bill does not ban no- agers’ amendment? Let’s just fix every- down the street and some young lady knock warrants for the Breonna Taylor thing in one fell swoop. clutches her purse and my instinct is situation; your bill bans it for Federal They said: No, thank you. to get a little farther away because I agents. There was not a Secret Service So I find it disingenuous that people don’t want any issues with anybody. I agent showing up at Breonna Taylor’s say: Well, why don’t you just sit down understand that. But what I miss in door; that was a local police depart- with one Member and work it out? this issue is that the stereotyping of ment. Well, if a managers’ amendment Republicans is just as toxic as poison So the fact that they are saying they won’t do it, if the 5 amendments they to the outcomes for the most vulner- want to ban no-knock warrants know- wrote in a letter saying that they need- able communities in this Nation. That ing they cannot ban no-knock warrants ed to have these things fixed won’t do is the issue. tells me that this is not about the un- it, if 20 amendments won’t do it, and When Speaker PELOSI says one of the derlying issue. It is bigger than that. you have an open process on the floor most heinous things I can imagine— I said: Well, I will give you an amend- of the U.S. Senate that requires 60 that the Republicans are actually try- ment, though, and we can have that votes to get off of the bill, then what, ing to cover up murder, the murder of fight on the floor of the U.S. Senate. pray tell, is the problem? George Floyd, with our legislation— As a matter of fact, I said: Tell me Well, I finally realized what the prob- that is not politics. That is not a game any issue you have with the legisla- lem is. The actual problem is not what to win. That is, you lose—you will tion. is being offered; it is who is offering it. sooner or later lose—but immediately, Well, we went through deescalation It took me a long time to figure out every kid around the Nation who heard training, the duty to intervene, best the most obvious thing in the room. It that nonsense lost at that moment. practices. is not the what. I have listened to the You see, what has become evident to I said: In the legislation. In the legis- press conferences. I have read the me is that she knows something that lation. In the legislation. newspapers. I am not sure that anyone we all know. She knows she can say

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.018 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3173 that because the Democrats have a mo- but it is true of most corridors of the for HBCUs than ever—brought to you nopoly on the Black vote. No matter Nation. And this party has reinforced by the Republican Party. the return on their loyalty—and I am that truth, not by the words coming I said: Well, that is working. Let’s do telling you, the most loyal part of the out of my mouth but by the actual leg- it again. Democratic construct is Black commu- islation signed into law. So we went to stem cell research, nities—no matter the loyalty of the Senator PERDUE started talking which—stem cell research for sickle people, the return they get will always about the important work that we did cell anemia, which is a 100-percent—ba- continue to go down because in monop- on opportunity zones—and I am going sically speaking, 99.5 percent—African- olies, you start devaluing your cus- to wrap it up in 2 minutes here. It is American disease. He said yes. tomer. lunchtime. LAMAR ALEXANDER, the chairman of You see, today we could have given In 2017 we passed tax reform. I in- our Health, Education, Labor, and Pen- at the very minimum 70 percent of cluded in the opportunity zones—$75 sions Committee—we were fighting what they say would be important for billion—real money to the most dis- over funding for HBCUs. We made it the people we say we serve, but instead tressed communities in this Nation. permanent—permanent funding for the of having a debate on that today and How did that happen? Well, President HBCUs led by a Republican chairman not getting 5 amendments but 20 Trump and I had a serious disagree- of the Health, Education, Labor, and amendments, a managers’ amend- ment on his comments after Char- Pensions Committee, President Trump ment—instead of going forward and lottesville. He, being a person I was not signs it, and we have delivered historic getting what you want now, they have looking forward to having a conversa- funding and permanent funding for decided to punt this ball until the elec- tion with, invited me to the Oval Of- HBCUs. tion. Do you know why? Because they fice. I sat down with him, and I said: Because I am running out of time, I believe that the polls reflect a 15-point What do you want to talk about? am not going to go through the pre- deficit on our side; therefore, they can The President said: Tell me about pandemic numbers in minority commu- get the bill they want in November. All your perspective on racial history. nities for unemployment—unemploy- they have to do is win the election, and I was stunned because if you know ment not only at a record low, but we then roll in January, and they get a President Trump like I know President had labor force participation rates in- chance to write the police reform bill Trump, his love language is not words creasing. Let me say that differently. without our support at all. of encouragement. It just ain’t. I know Not only did we get more jobs for Well, this is what they did in the ‘‘ain’t’’ ain’t a word, but it is not. Black folks and Brown folks, but the House, right? No amendments in the He listened, and at the end of our number of folks in the community—we House of Representatives on their bill. conversation, he simply said: Tell me started having an increase in the num- We are saying amendments on our side. how to help those I have offended. ber of folks working. Democrats are saying no amendments I didn’t know what to say, so I pulled This is called basic conservative poli- in the House, but you here in the U.S. out my back pocket and got oppor- tics. It works, creating 7 million new Senate, because we are the world’s tunity zones. I didn’t go there prepared jobs benefiting two-thirds of African greater deliberative body, you can have for him to listen. That is not supposed Americans, Hispanics, and women, and amendments—not in the House, not to be funny, but it is. I mean, I didn’t with a full economy, all boats started under Speaker PELOSI, but under Lead- expect him to listen, but he did. He lis- rising. Don’t believe me, check your er MCCONNELL, you get at least 20 tened. He leaned in, and he said: Tell accounts. That is what it looks like. amendments. And I thought, what the me how to help the folks I have of- COVID–19 hit us, and what did we do? heck, I will throw in the managers’ fended. We not only approved $2.3 trillion and amendment too. But that was not good I said: Let’s work on opportunity then another $500 or so billion dollars, enough because the irony of the story zones together. and $450 billion that would be multi- is not the bill; the irony of the story is He said: Yes. plied in the commercial facilities by that today and through the rest of I said: What? probably 7 or 8—a $6 trillion relief June and all of July, what we are going He said: Yes. package. What did we do inside that to have here is, instead of gaining 70 He was concerned enough about the package? We targeted small businesses percent of what you wanted, or more, communities he had literally just of- to save small businesses, and, by the you are going to get zero. How is that fended. He was concerned enough to go way, we added $1 billion for histori- for a return? How is that for loyalty? to work on their behalf. And that is cally Black colleges and universities. How does that work for the little kid why we have opportunity zones. Let me tell you what the biggest at home in North Charleston where I was like, well, this might work threat is. The biggest threat is that Walter Scott got shot? How does that again. So I went back to the President this Republican Party keeps showing work around the country when, instead and said: You know, there is a lot of up and delivering. I have 12 more pages of getting 70 percent of what you want- work that needs to be done around the to go. It is like being at church with ed, today and tomorrow and next week HBCUs, historically Black colleges and my closing. I have 12 more pages of ac- you get zero, and you are going to wait universities. He said yes. He said yes. complishments to talk about. I am not until the election to get more? OK. We said yes. going to talk about it. Don’t look re- Well, why wouldn’t you take the 80 per- Let me just tell you this: When we lieved. I am not going to talk about it. cent now, see if you can win the elec- started saying yes, we controlled the I am just here to state that if we are tion, and add on the other 20 percent? White House, we controlled the Senate, going to be serious about criminal jus- You have got to be kidding me. and we controlled the House. So it tice reform—and we passed it with the Because the who matters, they can- wasn’t because some Democrat came House, Senate, and the White House in not allow this party to be seen as a over here and said: In order to get our the hands of Republicans. We passed party that reaches out to all commu- votes, you have to do this. That is not criminal justice reform to make up for nities in this Nation. Unfortunately, what happened. He said yes because the the Democrat bill—the 1994 crime bill without the kind of objectivity in the Republican Party said yes. We stood that locked up disproportionately Afri- media that is necessary to share the together with all three leaders of gov- can-American men. The Republican message of what is actually happening, ernment under our control. We got op- Party passed criminal justice reform no one will ever know because if you portunity zones done. We started a with all three levers in our hands. don’t read it in the paper, it must not process of reinvesting in historically I am frustrated. I am frustrated be- have happened. If you don’t see it on Black colleges and universities. And cause it is not a competition for the TV, on MSNBC or CNN, it must not be the head of the United Negro College best ideas. It is not a competition for true. That is a problem. Fund said at my last fly-in that this is how to improve the poorest performing Let me just say this: I think we are a record level of funding ever—his schools in America in the public edu- willing to compete for every vote ev- words, not mine. I am not sure what cation system that is consistently in erywhere, all the time. That might not ‘‘ever’’ is. Maybe that is longer than I Black and Brown communities—that be true in every corridor of the Nation, have been alive. Literally more money your ZIP Code determines the outcome

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.020 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3174 CONGRESSIONAL RECORD — SENATE June 24, 2020 of your life because you are not going but I voted no on the how. We tried it put these bills together and have a to have a good education because we the wrong way. Let’s try it the right markup and let people offer amend- will not touch teachers’ unions and we way. My colleague from South Carolina ments with a 50-percent-vote threshold will not touch education in the way acts as if this discussion is over. It is and then report out a bipartisan bill. that needs to be touched. only over for those who want it to be Why would the Judiciary Committee Governor SCOTT did it before he was over. We tried it the wrong way. Let’s not do it? a Senator. That is one of the reasons try it the right way. I believe the leaders of the com- why I went down there and campaigned What do I mean by that? mittee wanted to do it, but I believe for him, because he was serious about I think everyone in the Chamber they were told not to do it. They were helping poor kids get up and move on. knows what I mean by this. This is an told that we are not going to use the Let me just close with this. I don’t amazingly important topic that is ex- committee process on this. We are know what it is going to take to wake citing deep and legitimate concerns in going to force this to a floor vote, a up an entire nation about the impor- the streets of every community in this snap vote, and then, when it goes down, tance of a duopoly and not a monopoly. country. we will say: Democrats killed it. It is Look at the results. Look at the re- There are two good-faith bills that all over. Move on to the next issue. sults you are getting. have been introduced dealing with po- This is only over for anyone who By the way, when this bill is gone, lice reform. I see virtues in both. I wants it to be over. and next week we are on the NDAA or favor the Democratic bill, but that I think the vote today says: We are something else, we will forget about does not mean that I don’t see virtues not going to do it ‘‘my way or the high- this. We will move on. People will for- in the Scott bill. way.’’ We ought to do it the right get about it. And do you know what is I have only been in the Senate 7 way—the way we do the NDAA, the going to happen? Something bad. And years. I am not an expert on procedure, way we did the FIRST STEP Act. The we will be right back here talking as some are who are standing in the FIRST STEP Act, criminal justice re- about what could have been done, what Chamber right now, but my service form, Democrats and Republicans should have been done, why we must tells me that there is a clear path to a working together, in committee and act. I am telling you, I had this con- bipartisan police reform bill that will then negotiating with Jared Kushner versation 5 years ago, and I am having do a good job and will speak to an and others at the White House—we did this conversation right now. We could America that wants to see leadership something good that all can take cred- do something right now. that is bipartisan. it for. How about the CARES Act? There is You know, here is the truth. Detroit, It is obvious. These bills are both in a recent example of this. The CARES Atlanta, Minneapolis, Los Angeles, the province of a Judiciary Committee Act was an unusual one. We were under Philadelphia, and all of these cities that is chaired by a Republican from an emergency. We were socially distant could have banned choke holds them- South Carolina, LINDSEY GRAHAM, from each other. We couldn’t even be in selves. They could have increased the whose ranking member, DIANNE FEIN- the same room as we were negotiating police reporting themselves. They STEIN, has been on that committee for it, and it was in multiple committees’ could have more data information a very long time. Why are these bills jurisdiction. So it wasn’t as if one com- themselves. They could have deescala- not being taken up in a committee mittee was taking it up. But there was with a Republican majority and de- tion training themselves. They could good-faith, bipartisan negotiation on bated and marked up and reported to have duty to intervene themselves, the different pieces of it. the floor in a bipartisan way? Minneapolis as well. All of these com- One day, Leader MCCONNELL called us I serve on the Armed Services Com- munities have been run by Democrats all back to Washington on a Sunday to mittee. That is what we do every year for decades—decades. vote—not on the bipartisan negotiated with the NDAA. We introduce it, we let What is the ROI for the poorest peo- bill but on a partisan version. And, members have the ability to offer ple in this Nation? And I don’t blame again, Democrats on this side of the them. I blame an elite political class amendments that can be voted on by a aisle said: We are not ready to proceed. with billions of dollars to do whatever simple majority vote in committee. We We are in the middle of bipartisan dis- they want to do. And look at the re- get to the end of a process and when no cussions. We are not ready to proceed sults for the poorest, most vulnerable one has an amendment left, we then to the partisan bill because we are in people in our Nation. I am willing to have a final bill, and then we vote it the middle of bipartisan discussions compete for their vote. Are you? out overwhelmingly bipartisan. The that will have the payoff for this coun- (Applause, Senators rising.) NDAA came out of committee 2 weeks try, and so we voted no—not on the The PRESIDING OFFICER. The Sen- ago on a 26-to-2 vote. We will be taking what, not on the who. We voted no on ator from Virginia. it up on the floor. the how. Mr. KAINE. Mr. President, I came to I am on the HELP Committee. I have We are not ready to proceed to a par- the floor to hear my colleague from a wonderful chair and ranking member tisan, ‘‘my way or the highway’’ bill South Carolina, with no notes and with in Senators ALEXANDER and MURRAY, when we are engaged in bipartisan dis- an open heart and open ears, because I and we tackle tough issues with a com- cussions that can find a solution that knew he would be very disappointed mittee that has some big personalities is good for the country. Guess what that the motion to proceed failed and on it. I have a couple of them in the happened. Three days later, after that that he would have strong feelings room with me now. There is great ideo- ‘‘no’’ vote, we were here on the floor about that because of his earnest desire logical diversity on that committee, voting yes—voting yes to a bipartisan to do police reform. I don’t question but we take up tough issues, and we bill that helped individuals and fami- that desire or the desire of any of the don’t always solve them, but we usu- lies, that created a grant program for cosponsors of this bill, just as I hope ally do when we put our minds to it small businesses, a loan program for colleagues on the other side don’t ques- and report something to the floor and large businesses, aid to State and local tion the sincerity of Senators BOOKER we do it in a bipartisan way. When it governments, aid to hospitals and nurs- and HARRIS and those who cosponsored comes in a bipartisan way, there is a ing homes and healthcare providers. their bill. But I came with no notes to great chance that we get action here We voted no on the ‘‘my way or the listen to my colleague and then to offer on the floor. That is the right way to highway’’ and said: Stay at the table a word of explanation. do things. It respects the traditions of with us. Let’s have bipartisan discus- I am one of the 44 people who voted the body, because it is a majority that sions, and we can get to a yes. no. The Senator from South Carolina runs the committee, but it allows those And even as Members of this body said that those who voted no on the who have devoted themselves to health were being diagnosed with coronavirus motion to proceed didn’t vote on the issues or armed services issues or judi- or exposed to it, we stayed at the table what; we voted no on the who. That is ciary issues to offer their thoughts. until we could get the work done, and a stiff charge. That is a stiff charge. When these bills were introduced, I we did it for the good of the country. What I want to say is this. I voted no assumed that a committee ably led by This discussion is not over unless not on the what and not on the who, Senators GRAHAM and FEINSTEIN would people want it to be over.

VerDate Sep 11 2014 02:58 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.021 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3175 Senator KING and I, on Monday, sent poses an amendment to mark, isn’t it of inspiration I often turn to in times a letter to the two leaders and to the the standard to vote on the amendment of trouble. Judiciary Committee chair and rank- and if the majority of the committee First, in the Constitution: ‘‘We the ing member, and we said: For God’s approves, then the amendment is added people of the United States, in Order to sake, with a nation that is crying out to the bill? form a more perfect Union, establish for solutions that can show some Mr. SASSE. There are so many dif- Justice. . . . ’’ That is the first men- unity, please do with this bill what we ferent procedures in the Judiciary tion in the Constitution. know will work and what has worked. Committee. You defined yourself as a Let us think how we in the United Let the Judiciary Committee take it rookie who has been here for 7 years. I States can help to establish justice, as up promptly and let them work and re- am a rookie to your rookie, and I am we are exhorted to do in the Constitu- port it to the floor, and we can do this new on Judiciary. So there are a lot of tion, which we are sworn to uphold and bill before the August recess and do it ways. The way you are defining it is defend. in a way where, in committee and on usually the model, but there is a whole The second set of words I would like the floor, everyone has a chance to par- bunch of stuff that happens. You asked to share with you are from my col- ticipate and we can get a win for the for the question that falls into that, league and dear friend, the late Elijah American public that is critically im- but perhaps there is another comment Cummings, who represented Baltimore portant. It is my hope that we will still that you can make. in the Congress for many years. Rep- do that. Mr. KAINE. My experience on every resentative Cummings gave the eulogy The tenor of some of the conversa- committee I have been on is that we for Freddie Gray in 2015, who died after tions is as if this is now over, in the leave it to a markup in the committee being arrested and taken into police rear-view mirror, not to be returned to with a simple majority, not allowing a custody. During Freddie Gray’s church until after November. I don’t accept simple majority amendment process in service, Elijah closed with a quote that. I don’t accept that. These bills committee, but saying ‘‘no, we will from the Old Testament Book of Amos: are pending. We have a Judiciary Com- give you some amendments on the I want justice—oceans of it. I want fair- mittee that can do this work. floor with a 60-vote threshold’’ is not ness—rivers of it. That is what I want. That I went to the Judiciary Committee the same thing. It doesn’t respect an is all I want. this morning to introduce a judicial individual’s ability to try to persuade The third story I want to share with nominee and asked members of the the majority of my colleagues, Demo- my colleagues is the inspiration I felt committee who were there: If these crats and Republicans, that it is a good from reading Dr. Martin Luther King, bills were taken up in this committee, idea or not. That is why this bill was Jr.’s ‘‘Letter from a Birmingham Jail,’’ could you find a bipartisan result? And not sent to committee but just put on in April of 1963. Dr. King wrote: the answer they gave to me was yes. the floor. So I don’t view that as fair, We know through painful experiences that I didn’t vote no for the what. I didn’t to respond. freedom is never voluntarily given by the op- vote no for the who. I voted no for the I get Senator SCOTT, and I appreciate pressor; it must be demanded by the op- how. I know how we can do this bill, him saying that we should have open pressed. Frankly, I have yet to engage in a and shame on us on a matter of such amendments on the floor. But depriv- direct action campaign that was ‘‘well- seriousness if we don’t engage in a ing people the ability to offer open timed,’’ [in the view] of those who have not process whose seriousness matches the amendments in a simple majority—can suffered unduly from the disease of segrega- tion. For years now I have heard the words gravity of the moment. I convince the majority of my col- ‘‘Wait!’’ It rings in the ear of every Negro With that, I yield the floor. leagues in the committee?—that is al- with a piercing familiarity. This ‘‘Wait’’ has The PRESIDING OFFICER. The Sen- ready stacking the deck, in my view. almost always meant ‘‘Never.’’ ator from Nebraska. Mr. SASSE. I thank the Senator for We must come to see, with one of our dis- Mr. SASSE. The Senator from Mary- his question. I told the Senator from tinguished jurors, that ‘‘justice too long de- land was first. I have 40 seconds to Maryland I would get out of his way, layed is justice denied.’’ comment, but thank you. and I thank him for the time. We have waited for more than 340 years for I respect the Senator from Virginia, The PRESIDING OFFICER (Mrs. our constitutional and God given rights . . . Perhaps it is easy for those who have never but I would like to note for the LOEFFLER). The Senator from Mary- felt the stinging darts of segregation to say, RECORD, as somebody who spent a lot land is recognized. ‘‘Wait.’’ But when you have seen vicious of time in the working group under JUSTICE IN POLICING ACT mobs lynch your mothers and fathers at will Senator SCOTT’s leadership, that Sen- Mr. CARDIN. Madam President, over and drown your sisters and brothers at ator KAINE repeatedly said it was a the weekend, I was reflecting on the whim; when you have seen hate filled police- ‘‘my way or the highway’’ approach. I times that our Nation finds itself in men curse, kick and even kill your black just think it is really important for the today. We are witnessing the rebirth of brothers and sisters; when you see the vast majority of your twenty million Negro RECORD for us to admit that this is an a new civil rights movement when it open amendment process that has been brothers smothering in an airtight cage of comes to reforming our police depart- poverty in the midst of affluent society . . . proposed, and that some of the Demo- ments. when you have to concoct an answer for a crats who came to some of the meet- Americans now know the names of five year old son who is asking: ‘‘Daddy, why ings to negotiate were frankly stunned George Floyd, Breonna Taylor, Freddie do white people treat colored people so when Mr. SCOTT went from 5 amend- Gray, and so many others. The current mean?’’ . . . when you are harried by day and ments to 20 amendments, to whatever protests we have seen throughout the haunted by night by the fact that you are a number you want. That is the opposite Nation and throughout the world are a Negro, living constantly at tiptoe stance, of a ‘‘my way or the highway’’ ap- direct result of an incredible leap in never quite knowing what to expect next, proach. That language isn’t true. An technology, where individual citizens and are plagued with inner fears and outer resentments; when you are forever fighting a open amendment process where dozens and officers themselves can record degenerating sense of ‘‘nobodiness’’—then have been offered is not a ‘‘my way or interactions between police officers you will understand why we find it difficult the highway’’ approach. and members of the community in real to wait. There comes a time when the cup of Mr. KAINE. Would the Senator yield time. endurance runs over, and men are no longer for a question? But these troubling interactions be- willing to be plunged into the abyss of de- Mr. SASSE. Yes. tween the police and the citizens they spair. I hope, sirs, you understand our legiti- Mr. KAINE. Mr. President, the Sen- are sworn to protect and serve that we mate and unavoidable impatience. ator from Nebraska is a member of the saw on video is not new, but we now So this weekend, as I was thinking Judiciary Committee, isn’t that right? have the evidence. They just happened about our charge to establish justice in Mr. SASSE. One of the most dysfunc- to be caught, creating stronger legal the Constitution and the pleas from tional committees in the Senate—I am. evidence of misconduct and abuse. Elijah Cummings and Dr. King, I con- Mr. KAINE. When the Senator has Today, as our Nation experiences yet templated where we are today. We are markups in the Judiciary Committee another civil rights movement, this at a point in our Nation that we need on a bill like the FIRST STEP Act and time during a pandemic, I want to to make transformational change when someone, Democrat or Republican, pro- share with my colleagues some words it comes to our police officers and their

VerDate Sep 11 2014 06:16 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.022 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3176 CONGRESSIONAL RECORD — SENATE June 24, 2020 fundamental relationships with our when we made some modest improve- decades of pain, hardship, and devastation communities, in particular the Afri- ments to the FIRST STEP Act. That that Black people have and continue to en- can-American community and other was a bipartisan bill and started as a dure as a result of systemic racism and lax communities of color. We can no longer bipartisan bill, and we were able to get policies that fail to hold police accountable for misconduct. wait. We must make bold changes now. it enacted. The End Racial and Reli- The letter goes on to say: I agree with Leader SCHUMER and gious Profiling Act is designed to en- Senators BOOKER and HARRIS, who are force the constitutional rights to equal Abusive policing practices, coupled with the authors of the Justice in Policing devastating state-sanctioned violence, have protections under law by eliminating exacted systemic brutality and fatality upon Act. My concern is that the legislation racial- and religious-based discrimina- Black people since our nation’s founding. Po- authored by Senator SCOTT, the JUS- tory profiling at all levels of law en- lice have shot and killed more than 1,000 peo- TICE Act, falls dangerously short for forcement by changing the policies and ple in the United States over the past year, what we need for comprehensive, effec- procedures. and Black people are disproportionately tive, and transformational police re- It allows police to focus their work more likely than white people to be killed by form that our country and the Amer- more accurately, rather than wasting police. The current protests in our cities are ican people are demanding. resources on blanket stereotypes. It re- a response not only to the unjust policing of I, therefore, hope that Leader quires enhanced data collection for the Black people, but also calls for action to public officials to enact bold, comprehensive, MCCONNELL will negotiate with Leader Department of Justice to track and and structural change. SCHUMER so we can work on a bipar- monitor discriminatory profiling. It The letter concludes. tisan bill and establish a constructive holds State and local enforcement starting point on policing reform. I lis- . . . . Passing watered-down legislation agencies accountable by conditioning that fails to remedy the actual harms result- tened to the debate with Senator SCOTT Federal funds on the adoption of poli- ing in the loss of life is a moral statement and Senator KAINE, and I have seen cies and best practices to combat that is inconsistent with a genuine belief this before. When we bring a partisan profiling by officers. It eliminates, that black lives matter. Anything less than bill to the floor where there is no pre- once and for all, discriminatory full support for comprehensive legislation arranged opportunity to offer the types profiling. It is in the Booker-Harris that holds police accountable is inexcusable. of amendments with simple majority bill. It is not in the Scott bill. Let me close my remarks once again votes so the rule of the Senate can pre- The underlying JUSTICE Act does by sharing some words from Dr. King, vail and when you start from a point not include any real national standards from the March on Washington in 1963. that cannot lead to successful conclu- for law enforcement. By contrast, the In his famous speech at the foot of the sion, you shouldn’t start. You should Justice in Policing Act contains legis- Lincoln Memorial on the National Mall go back to negotiate a truly bipartisan lation I authored, the Law Enforce- in Washington, DC, Dr. King said: bill. ment Trust and Integrity Act, which In a sense we’ve come to our nation’s cap- We should use the model of the takes a comprehensive approach on ital to cash a check. When the architects of CARES Act legislation that was signed how local police organizations can our Republic wrote the magnificent words of into law in response to the COVID–19 adopt performance-based standards to the Constitution and Declaration of Inde- pandemic. That was a bipartisan bill ensure that instances of misconduct pendence, they were signing a promissory that was brought to the floor. Let me note to which every American was to fall will be minimized through training and heir. This note was a promise that all men— just highlight a few of my concerns oversight. That legislation takes steps yes, black men as well as white men—would with the JUSTICE Act. to mitigate police violence by desig- be guaranteed the unalienable rights of life, This legislation does not contain any nating resources for community devel- liberty and the pursuit of happiness. It is ob- mechanisms to hold law enforcement opment and the transformation of pub- vious today that America has defaulted on officers accountable in court for their lic safety practices. this promissory note insofar as her citizens misconduct. For example, it makes no In Baltimore, we have ongoing Fed- of color are concerned . . . But we refused to changes in the law when it comes to eral partnerships with city law enforce- believe that the bank of justice is bankrupt. qualified immunity or criminal intent We refuse to believe that there are insuffi- ment and the Federal Justice Depart- cient funds in the great vaults of oppor- standards for law enforcement. Current ment following the tragic death of tunity of this nation. So we’ve come to cash legal standards have allowed law en- Freddie Gray, Jr. This is an example of this check, a check that will give us upon de- forcement officers regularly to evade continued efforts to rebuild trust be- mand the riches of freedom and the security criminal liability for excessive use of tween communities and police and en- of justice. force and have shielded officers from li- courages the establishment of more ef- Dr. King continued by saying: ability, even when they violate citi- fective police models. We have also come to this hollowed spot to zens’ constitutional rights. The legislation I described provides remind America of the fierce urgency of now. The JUSTICE Act does not imple- public safety innovation grants to help This is no time to engage in the luxury of ment a public national misconduct reg- communities reimagine and develop cooling off or take the tranquilizing drug of istry necessary to ensure communities concrete, just, and equitable public gradualism. Now is the time to make real have information necessary to hold safety approaches. This is in the Book- the promise of democracy . . . Now is the their law enforcement officers account- time to lift our nation from the quicksands er-Harris bill. It is not in the Scott of racial injustice to the solid rock of broth- able. The JUSTICE Act fails to estab- bill. The JUSTICE Act does not ade- erhood . . . Now is the time to make justice lish a collection of all use-of-force quately address the issue of no-knock a reality for all God’s children. It would be data, data related to religious and ra- warrants in drug cases, nor does it ade- fatal for the nation to overlook the urgency cial profiling, and it does nothing to quately address the use of choke holds. of the moment . . . end harmful policing practices like ra- Finally, the legislation does not ad- The House of Representatives is cial and religious profiling. dress the issue of establishing a na- scheduled to pass their version of the By contrast, the Justice in Policing tional use-of-force standard. Justice in Policing Act on Thursday. Act authored by Senators BOOKER and By contrast, the Justice in Policing Let us take up meaningful legislation HARRIS does contain legislation I au- Act changes the use-of-force standards in the Senate as the base bill nego- thored, the End Racial and Religious for officers so that deadly force be used tiated between Democrats and Repub- Profiling Act. Why do we need that? only as a last resort, while requiring licans. Let us rise to the occasion and Studies have shown that Blacks are 3.6 officers to employ deescalation tech- make the Founders of this Nation times more likely to be arrested for niques. Let me bring to my colleagues’ proud. selling drugs, despite the fact that attention a letter dated June 23, 2020, I suggest the absence of a quorum. Whites are more likely to sell drugs. from the Leadership Conference on The PRESIDING OFFICER. The Studies show that Blacks are 2.5 times Civil and Human Rights. clerk will call the roll. more likely to be arrested for pos- In the letter, the Leadership Con- The bill clerk proceeded to call the sessing drugs, despite using drugs at ferences writes to Congress: roll. the same rate as Whites. We write to express our strong opposition Ms. ERNST. Madam President, I ask This is just wrong, and Congress and to S. 3985, the . . . [JUSTICE Act]. The JUS- unanimous consent that the order for even President Trump recognized this TICE Act is an inadequate response to the the quorum call be rescinded.

VerDate Sep 11 2014 02:19 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.024 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3177 The PRESIDING OFFICER. Without Iowa Police Officers Association. We Mr. BLUNT. I ask unanimous consent objection, it is so ordered. are only going to improve as a nation that the order for the quorum call be THE JUSTICE ACT if we come together and make everyone rescinded. Ms. ERNST. Madam President, the a part of the solution. We can do that. The PRESIDING OFFICER. Without murder of George Floyd captured the Iowa put politics aside, and they got it objection, it is so ordered. attention and the emotions of the en- done. I wish we could see more of Iowa Mr. BLUNT. Mr. President, I heard tire world. In the weeks that have fol- in this Chamber. your comments earlier today—and I lowed, folks around the world have We need both sides of the aisle to couldn’t agree more—on the impor- been crying out for a change, an end to unite and to pass Senator TIM SCOTT’s tance of us dealing with the issues that racial inequality and the beginning of a JUSTICE Act. The JUSTICE Act offers were on the floor today that we failed new era of justice, understanding, and real solutions to police reform by in- to deal with. I heard our good friend healing. While sometimes uncomfort- creasing oversight, strengthening inci- Senator SCOTT’s response to the way able, this conversation is much needed, dent report requirements, and ensuring his hard work was looked at and, and, in my opinion, it is long overdue. the correct use of body cameras. It in- frankly, ignored. It should not have taken the loss of a cludes an issue that I have been work- When the Congress stops resembling life for us to begin to talk and listen ing to address: sexual misconduct with- an honest and open discussion of the and to learn. in our law enforcement. issues, I think it gives us a lot to be I grew up in a predominantly White The JUSTICE Act is simply a com- concerned about. The solution should community, but as a young woman, I monsense approach to effective police be the goal. When Members of Congress was truly blessed to live, learn, and reform. The bill includes a number of are more interested in a bill that they work in communities that were rich in bipartisan provisions, including the believe to be perfect rather than seri- diversity. It is difficult to understand antilynching proposal put forward by ously engaging in a debate, it raises a the unfairness someone faces due to Senators JOHN CORNYN and KAMALA lot of concerns about how we protect their skin color, but we can make time HARRIS. It is heartbreaking that the liberty and how we do our constitu- to listen. I did this last week when I bill to address these issues was blocked tional duty. sat down with our own Senate Chap- by Senate Democrats. I have been in the Congress for a lain, Barry Black. The Senate exists so we can debate while, as some of my friends are more For those who do not know him, these issues in a civil manner and than eager to point out, and I have Chaplain Black is a remarkable and in- reach a consensus so they aren’t re- never voted for a perfect bill—ever. I spiring person. After serving over 27 solved in the streets. We can’t do that have introduced a couple of perfect years in the U.S. Navy, he now serves if the other side chooses to shut down bills, but I have never voted for a per- as a spiritual guide for Senators and meaningful debate or give in to radical fect bill. I have never voted for a bill opens our proceedings every day with a ideas like defunding the police, which that couldn’t be improved. thoughtful prayer. One of my favorite won’t solve the problem of inequality Our good friend TIM SCOTT said some- things he told me was about a lesson or end violence. thing the other day that struck me as his mother had taught him. She told I ask my colleagues on the other side a truism. He said: I think most Ameri- of the aisle: Are you willing to come to him that God gave us two ears, two cans are tired of Republicans and the table? Are you willing to accept eyes, but only one mouth—and we Democrats talking about Republicans that amendment process? Are you will- should use them proportionately. and Democrats. Most Americans, as I believe the United States is, by far, ing to take the first step in our jour- Senator SCOTT’s point was made, want ney? Will you put politics aside and the greatest country in the world, but us to solve problems. They want us to that does not mean that we don’t have help us enact reforms to ensure the come up not with the best answer pos- past and current issues that we need to safety of our communities? sible; they want us to come up with the address. Let’s be frank, it was not a Our Nation’s journey toward becom- ing a more perfect union and securing best possible answer. single, isolated event—the murder of What is the difference between the Mr. Floyd—that incited the raw emo- the blessings of liberty for all Ameri- best answer possible and the best pos- tions that are still burning weeks cans has taken a long and bumpy road, sible answer? The difference is figuring later. and we still have a lot farther to go. It out when you have gotten done as In Iowa, Governor Kim Reynolds starts with that one step. But at this much as you can get done and you de- signed a historic police reform bill, moment, the country and the world are cide that, in this process, you want to which will add additional account- demanding we pick up the stride. Let’s accept that and come back at a later ability for law enforcement. This will follow Iowa’s lead. Let’s come together time and see if you can do a little bet- benefit both the community and the and take meaningful action. police. Here is what is remarkable To be clear, the passage of a single ter. about this new law: Partisanship bill is not going to suddenly reverse They don’t want us to reject a prom- wasn’t a factor. centuries of injustice. Passing laws are ising solution just because someone Republican house majority leader a simple part. If we really want to from the other party said it first. They Matt Windschitl and Democratic rep- change behavior, we need to commit don’t want us to reject a promising so- resentative Ako Abdul-Samad, two of ourselves to changing our hearts. The lution just because it doesn’t solve ev- the extraordinary leaders that ushered best way that we can personally com- erything. Nothing around here happens as fast this bill through the house and through memorate the life of George Floyd and as we would like it to. Debate, discus- our legislature, spoke with me this the many others before him who lost sion, and compromise all take time. morning, and both of them said that, their lives or suffered injustice is to Remember, the Constitution was put while they don’t each view this as a open our own hearts. perfect bill, it was more than cosmetic. Chaplain Black summed up the solu- together by people who didn’t trust It had real meaning and depth, and it tion best when he quoted to me Mark government. They didn’t want to make was a first step. 12:31: ‘‘Love your neighbor as your- it easy for government to do things, I agreed with them because any jour- self.’’ It is both that simple and that and they didn’t. ney starts with a single step, a mean- challenging. One of the great successes of all time ingful step. The bill passed the Iowa So I am asking all of us in this body was the success of making it hard for House by a vote—again, with these two to be more like Iowa. Let’s find a solu- our government to do things. It is hard extraordinary leaders—by a vote of 98– tion. Let’s take that first step and to explain in other countries where 0, unanimous. It then went to the Iowa begin our journey together. they have parliamentary systems Senate, and it passed in the Iowa Sen- I yield the floor. where, if the leader doesn’t get what ate 49–0. Partisanship wasn’t a factor. I suggest the absence of a quorum. the leader wants, the government col- The only thing that mattered was The PRESIDING OFFICER (Mr. lapses. That is not the way this govern- doing the right thing. PERDUE). The clerk will call the roll. ment is designed at all. It is designed Not a single dissenting vote was cast, The bill clerk proceeded to call the to take some time, but you have to be and it even had the endorsement of the roll. willing to take the time. It is designed

VerDate Sep 11 2014 02:19 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.025 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3178 CONGRESSIONAL RECORD — SENATE June 24, 2020 to reach compromise, but you have to factory way to fail to debate the issues Mr. LANKFORD. Mr. President, we be willing to reach compromise. that people sent us here to decide. just finished up a vote on the Senate We think our job should be to, again, But, again, the House will pass a bill floor where we fell four votes short of come up with the best solution we can this week, and unless we reconsider opening debate on a bill to deal with come up with and try to do the job that this decision, that will be the end of it. police reform—four votes short. We we are sent here to do, trying not to That will be the end of it. The House were four votes short of opening debate wait and say: Well, we are too close to has passed a bill. We are not going to to discuss it. an election. Apparently we are too take up the House bill. There is no Sen- Every single Republican voted for close to an election all the time now. ate product to go to conference. That is this—and a handful of Democrats. But We never want to give away anything the end of it. the vast majority of Democrats actu- that could be a political issue because It is an issue that we need to find a ally said: No, we don’t want to debate it is better—maybe in some minds—not solution to. It was an issue we needed this bill. We will only debate the Pelosi to solve it than it is to solve it. to find a solution to after what hap- bill when it comes out of the House. Today’s disappointing vote doesn’t pened in St. Louis in 2014. It is an issue Well, that is absurd. That didn’t hap- have to be final. The majority leader we have needed to find a solution to. pen, I can assure you, when Speaker changed his vote at the very end. It The dates seem to keep getting closer, Boehner was the leader of the House, was 56 to 44—3 Democrats and all of the to where this year three things hap- that the Senate said ‘‘I will tell you Republicans wanting to move forward, pened in a row—maybe more than what, we are going to wait and see but it takes 60 votes here to move for- three—that shouldn’t have happened, whatever Speaker Boehner sends over ward. and things have happened since those to Harry Reid’’ and Harry Reid would By the way, it also takes 60 votes to three things that shouldn’t have hap- say ‘‘Oh, yes, please. We will take up get off the bill to have a vote. There pened. whatever the Boehner bill is.’’ That was nothing to be lost by seeing if we We need to lead on this issue. We was never done, and they know that. couldn’t make Senator SCOTT’s bill need to find a way to make a successful This is such an odd, peculiar season better. In fact, I understand from his conclusion to the best we can do. The in our country politically and a painful speech earlier that he agreed to 20 best we can do today doesn’t mean that season in our country culturally and amendments that had the possibility to is the best we can ever do; it just practically. Our hope was to have a real debate do that. That is what we are supposed means, when you have something that on a real bill. I was part of the team in to do. We are here to vote. We are here you are agreeing with—and this isn’t writing this bill. This bill was a gen- to make decisions. We are here to move even a bill where—Senator SCOTT’s uine push to reform how we do police forward or to decide we don’t want to bill—I didn’t hear Democrats say: I work and to increase accountability move forward. There are times when a agree with 80 percent of what is in the and transparency across the country. decision is that this is not the right so- bill. They were more likely to say: 80 The bill that we just needed four lution to this problem. That was not percent of what I want to do is in the Democrats to join—just four Demo- what we were dealing with today. bill. crats to join—to be able to open it up Our colleagues in the House planned Take 80 percent of what you want to for debate would have banned choke their own legislation. There was that do to conference and hope it comes holds across the country. moment of hope when the Speaker of back with 90 percent of what you want It would have required the reporting the House said she looked forward to to do or 96 percent of what you want to of all serious bodily injury or death in taking their product—their bill—to do. But if you don’t trust the process, police custody from everywhere in the conference. Well, you only get to take the process cannot produce a result. country, to start tracking all of this. a bill to conference if there is a con- People are tired of us failing to do It would have gathered information ference, and you only get to take a bill our job. We need to vote. We need to on no-knock warrants all around the to conference if we pass a bill and the have amendments. We need to have country to start tracking this informa- House passes a bill. bills on the floor on issues like this tion to see if they are being abused. By the way, if they are exactly the that the American people are in the It would have put more body cameras same bill, there is no reason to go to streets of America saying: Solve this on the street. This bill that we just conference. That bill goes to the Presi- problem. needed four Democrats to join us on— dent. You can’t solve this problem by turn- just four—would have put $150 million We pass a bill, the House passes a ing your back on it. You can’t solve more in body-worn cameras on the bill, we go to conference, and then we this problem by saying: If I don’t get street. It wouldn’t have just put those come back. And 44 of our colleagues this exactly the way I want it, I would body cameras on the street; it would were unwilling to go through that rather not have anything. I will tell have also put in new requirements to process. you what that gets you. That gets you make sure they stay on, which has On a bill like this, you get a lot of nothing. In a democracy, that does not been an issue. votes. You get the vote to go to the de- work. If you are getting your way all This bill that we just needed four bate. You get the vote to go to the the time—at home, at church, at Democrats to join us on, just so we vote. You get the vote to pass the Sen- school, at work, in the Congress—there could debate it and discuss it and ate bill. It has been, actually, a while is something wrong with you. There is amend it, would have had a whole new since I heard somebody say what used something wrong with you. Nobody system tracking complaints and dis- to be said often: I am voting for this gets their way all the time. Com- cipline actions. It would have pulled bill. I don’t think it is where it should promise is the essence of democracy, together records for law enforcement be yet, but I look forward to voting for but you have to be willing to go to the officers to make sure that they would a better process coming out of con- place where compromise happens. On have had those records—their com- ference. this bill, that would have been at con- mendations and their discipline—travel You used to hear that all the time: I ference, to see if we can’t come closer to the next department with them. So am voting for this bill so we can get to to a bill that everybody believes is the before an officer leaves one department conference, and in conference I am best we can do. and goes to the next, all the records going to do everything I can to work to I think Senator SCOTT did a great job are made available to the next depart- make it better. That is how the process with his bill. I think Senator SCOTT ment so that we don’t have a bad apple works. thinks his bill could be better. But his moving from department to depart- This ‘‘take it or leave it,’’ nobody bill is not the House bill, and the House ment. shows up—our friends at the House bill is not going to be the final bill ei- This bill that we just needed four show up one day to vote on a bill that ther. Democrats to join on with us—any God knows who decided what would be What a mistake to walk away from four—just so we could open it up and in that bill, and that is the bill we ei- the chance to solve a problem. debate it and amend it would have ther accept or reject. What a foolish The PRESIDING OFFICER. The Sen- changed the system on a duty to inter- way to do business. What an unsatis- ator from Oklahoma. vene, putting new obligations, new

VerDate Sep 11 2014 02:19 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.028 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3179 training, and new requirements on an not going to discuss it. We are going to Speaker PELOSI’s bill says: No, the officer who is watching another officer block it from coming to the floor— police officers should be in prison, and do something they know is wrong to which is what happened today. The two their families should have their home intervene in that process and to stop issues I heard are, you know what, I taken away from them and their police it. really want us to go to committee. I pension taken away from them and ev- It would have a national commission want a committee to look at this, take erything else. to pull folks together to get the best some time, go through this. Do you know what we have talked ideas from around the country, to That is a fascinating argument, and I about? We talked about a police officer gather the best practices that have wish it was true. Two weeks ago, the facing criminal penalties, as they do happened. discussion was ‘‘We need to get on this now, as they should. If there is a civil There is also a new piece that is in as quickly as possible’’—until we actu- case, why don’t we bring it against the this—it is not in the Pelosi bill; it is ally put out a legitimate bill, and then department that didn’t train their offi- only in this bill—that deals with giving my Democratic colleagues said, ‘‘Well, cer, that didn’t supervise that officer? a false report if you are a police officer, there is a problem with how you are Instead of attacking an officer’s fam- because at times we will have a police putting it out. We are going to debate ily, why don’t we hold people account- officer where—when there is serious it on the floor. I would rather debate it able to actually supervise people better bodily injury or death, their written in committee and then have the floor and push the city and the department record doesn’t match the reality of bring it but not debate it on the floor. to do the right thing: to train and to what really happened, and it is not just I don’t want to debate it out here. Let’s equip people. If someone is a problem, that they misremembered; they inten- debate it over there.’’ don’t leave them out there on the tionally turned in a false report. This No one is buying that argument. No street with 18 discipline records; take bill that we wanted to just debate one is buying that. If you can put 20 them off the street. If you don’t, the today would have allowed us to be able amendments on this, that is what whole city is going to be held to ac- to add additional penalties onto that, would happen in a committee. Let’s count for it. That is trying to end this. bring it. Let’s talk about it. Everyone to make sure someone receives the due That is trying to push toward more su- sees what that is. Shuffling bills off to penalty if they try to lie on forms. pervision, not just trying to be puni- This bill would have dealt with men- committee is about delaying and stall- tive. tal health. ing and ‘‘Let’s delay this,’’ because Those are the two differences that I This bill would have dealt with dees- they know we won’t get it this week, can pick up: political and civil. Other- calation training. This bill was de- and they will delay it, and then it will wise, a lot of what I mentioned that is signed to help get additional training. be after the Fourth of July. When we in our bill is in their bill as well. This bill has a section on it using the come back from the Fourth of July, we TIM SCOTT made a very simple state- Museum of African American History have the coronavirus bills, as they ment: Why don’t we put this on the to design a curriculum that we could know, and we have the appropriations floor? Why don’t we actually debate put out to every department around bills, as they know. So it is like, OK, so the differences that we have? Why it will not happen there. So then there the country on the history of race and don’t we have a vote, and then why is the August gap, and then it will law enforcement. It is modeled after don’t we finish this? move to September. What they are try- what was done with the Holocaust Mu- Leader MCCONNELL dedicated this ing to do is get it closer and closer to seum to deal with anti-Semitism. That week and next week to this bill on po- the election and then make it a big is what this bill was designed to do. We lice reform to give 2 weeks to do all election issue, saying: Those crazy Re- just needed four Democrats to join us. kinds of amendments, all kinds of de- publicans will not resolve this. Get it Instead, they dug in, did press releases, bate, but instead, the conversation was close to the election and make it an and said: That bill is terrible. It is ‘‘No, don’t want to do that; it is Speak- election issue. er PELOSI’s bill or nothing’’ or ‘‘Let’s awful. It has no teeth in it. That bill is Hello—why don’t we just solve this unsalvageable. just slow the whole thing down and instead of dragging the country send it to committee and delay, delay, I would ask any American listening through something we all know key to me and anyone in this room: Is there delay this.’’ ways to be able to solve? Why don’t we deal with this right one of those ideas you don’t like? Two issues we know of—one is a now? There are 2 weeks that have been Then the conversation was, well, we purely political issue: stall, delay, try set aside to do it. There is plenty of are not going to have an open enough to get this closer to the election, and time for amendments. Why not do that process. then divide the country. The second instead of just blocking the bill? Senator SCOTT, who is our point ne- one deals with an issue on whether po- I don’t know a lot of folks who say to gotiator in this, sat down with Demo- lice officers should face not only crimi- me: I really don’t want there to be cratic leadership and said: How about nal liability, they should face civil li- more body cameras on the street. I 20 amendments on this bill? If you ability as well. don’t want any more oversight on law want to bring something up to amend You hear this get kicked around all enforcement when they turn in a false it, change, it, great. the time with all different kinds of report or when they turn off their body They said no. Their desire is only terms. Speaker PELOSI’s bill says: Not camera. Speaker PELOSI’s bill or nothing. I only put that police officer in prison, I don’t run into a lot of people who think that is exceptionally sad. which they deserve—if they murder say: I want to just go ahead and leave We have been through this journey so someone, commit a crime, a police offi- the system the way it is. many times where we will see a Black cer is as liable for the law as everyone We really don’t know what is hap- man be killed, we will all watch the else is, and if they are not, they should pening in a police department when footage, the whole country rises up, be, and we should fix that. Speaker there is bodily injury and harm. and Congress starts debating, and then PELOSI’s bill says: Not only put them I meet a lot of people who say: Those it stops. It stops because of silly stuff in prison but also civilly take their things make sense to me. Why don’t we like this where people dig in and say: If home and their car and their pension do it? you don’t do it entirely our way, then away from their family. Make sure we Unfortunately, that is my same ques- we are not going to do it at all. It is leave them destitute and their family tion today standing on the floor of the not about solving the problem; it is destitute, as well as put them in pris- Senate: Why don’t we do it? just about prolonging a problem so you on. That is what their bill is all about. With that, I yield the floor. can make it a political issue when fam- It is the reason why so many police The PRESIDING OFFICER. The Sen- ilies out there want this solved. officers are so frustrated and furious ator from West Virginia. All of those things I listed are all out with the bill they adamantly want to Mrs. CAPITO. Mr. President, I want there. put on the floor, because they are say- to thank my colleague from Oklahoma, There are two things I have heard. ing that if they did something wrong, Senator LANKFORD, for his dedication We are not going to take up your bill. they should face the consequences for to this issue and his very substantive We are not going to debate it. We are it, but don’t punish their family. output.

VerDate Sep 11 2014 02:19 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.029 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3180 CONGRESSIONAL RECORD — SENATE June 24, 2020 I was privileged to serve on the records are there, kept either locally can work together and get things done, minigroup that put a lot of work into or—the Pelosi bill says kept at the but, boy, we could have shown them this under Senator SCOTT’s very able State; the President says kept at the that today. We could have shown them leadership. I am thankful for the way Federal—anyway, in any event, kept that the rest of the week as we debate Senator LANKFORD always approaches for the transparency we need. those issues. I can guarantee you, on issues, not disparaging motives but al- We should eliminate the use of choke some of the sticky issues, we would ways looking at ways to improve and holds by officers unless the officer is in have had great agreement. Maybe we make this world a better place because a situation where he can’t get out of it, all wouldn’t have agreed on it, but that is what this is about. but quite frankly, I am for banning some of each from each part of our I have been listening to a lot of the them in any circumstance. party and each part of the country arguments, a lot of the discussion, and Those statements are really not very would have agreed on those issues and I am saying to myself: If somebody controversial, and most Americans formulated better, smarter, more effi- watching this from afar—from Okla- really agree with them. How do we cient legislation. We could have dem- homa or from West Virginia or from know that? Both the bill introduced by onstrated that we are united in support Vermont—I am thinking to myself, Senator SCOTT and cosponsored by 47 of the civil rights of all Americans and what is all this talk about 60 votes and Republican Senators and the bill intro- in support of the men and women in cloture and all this? They are not fo- duced by Senator BOOKER and sup- law enforcement. Instead, partisanship cused on that. All they know is that we ported by many Democrats included was allowed to carry the day. failed—this failed. these provisions in each one of their It should be clear, because I think it This was an opportunity that we bills. should be to the American people, that We have a nonpartisan Congressional should have grasped. We had a chance this motion—the other side says, ‘‘We Research Service that we rely on for to discuss the need for police reform don’t have a seat at the table’’—would nonpartisan advice. The quotes from and to look at the very serious issues have provided the world stage for their their report in comparing both bills: of racial inequalities. I am exceedingly seat at the table to debate this issue. Both bills seek to establish best prac- disappointed. I thought yesterday—no, We need 60 votes to continue, and tices for law enforcement officers and actually Monday, I thought, good, we here I am talking about the technical- train officers in areas on the use of are going to get on this bill. We are ities of how to get it done. But there force and racial bias. Both bills would going to have a healthy debate and would have been an enormous amend- seek to increase the use of body cam- amendments. We are going to be in ment process that probably would have eras worn by State and local law en- front of the American people, giving been quite lengthy and very beneficial. forcement—both bills. Both bills would our different opinions. We are going to I am very disappointed. I am dis- contain provisions designed to enhance vote up or down, and we are actually appointed to tell the American people transparency concerning records of going to have a product here that is ac- that we are listening to you, but, you misconduct by law enforcement offi- know, maybe it is not in our own polit- tually going to help. But it derailed. It cers—both bills. Both bills include pro- ical benefit to cooperate to move for- derailed badly. I am very disappointed visions designed to limit the use of ward, so let’s just draw it out, as Sen- by that, as I think everybody in this choke holds by Federal, State, and country should be. local law enforcement—although the ator LANKFORD said. Those who are protesting, those who I think it is important to point out two statutes do differ in the breadth are deeply hurt by what they have in the process, if we had an amendment and approach. What happens when we debate, if we had a debate on the Sen- seen—they don’t care about cloture differ with the House? We go to con- ate floor, if we cultivated and came up and 60 votes and who gets the political ference, and we work out our dif- point and who is going to be able to ferences. But we are not having that with a final product, it is still within drag this to the election. They care chance today. the 60-vote margin for the other side to about getting something done on a Given these areas of common ground, say: No. Can’t do it. It is not enough. deeply emotional issue. it should have been easy for us to come Can’t go there. We know that every American is en- together and to pass that motion to OK. At least we tried. Now we have titled to equal protection under the begin the debate on the Senate floor. nothing. law. We also know there are a lot of That is what we are supposed to do. As we move forward—I was on sev- good police officers in this country— There are a few major differences in eral radio interviews today, and a lot many, the vast majority. It is clear, the bill, and this is where I think the of people want to know what is next. I though, that we have a real need to im- American people would have really don’t know what is next. We have to do prove our law enforcement so that tuned in to the debate. We know that better than this. We have to do better, every American can have the con- there is a difference on qualified immu- with what we see happening in our fidence that officers are there to serve nity. Let’s have a debate. Let’s have a country and listening to the cries. them equally. debate. When I heard Senator SCOTT’s speech, We should provide better resources to Had we moved forward, I think we when he talked of the communities train police on not just deescalation could have ended up with a bipartisan that are most vulnerable, that have the but use of force and intervention, all of bill that could pass both the House and most difficulties in all of the struggles the issues that we saw come forward in the Senate and signed into law. As we of their lives, we owe it to them to the horrifying death of George Floyd. are now, do you know what we have, as have this debate on the floor of the We should provide more body cam- Senator SCOTT said in the speech he greatest deliberative body, the Senate. eras. We wouldn’t have known about gave about an hour ago? Nothing. We We could have demonstrated a lot George Floyd had there not been a have nothing. We have people on the today, and it didn’t work. It was denied camera. I don’t believe there was a streets of every town in America beg- by 44 Senators. And here we are having camera on the officer; it was a bystand- ging us to do something positive to to go back to our constituents, go back er’s camera. But cameras can be so in- help the situation, and today, crick- to those folks who are very vulnerable, credibly useful to protect the rights of ets—nothing—because we couldn’t get and say: It didn’t matter enough to try the people who are confronted and to cooperation. to fix it. It didn’t matter enough that protect the rights of the police. So we It would have made significant we gave each other 20 amendments. It need to make sure that those are not progress. I heard Senator SCOTT say— didn’t matter enough that we were only provided and there for our law en- and I didn’t realize this until I heard going to have the debate on the Senate forcement but that they are turned on. him say it on the Senate floor—20 floor. It didn’t matter enough to have As we saw in Louisville, they were not amendments and a managers’ amend- our experts come in and tell us what turned on. ment he offered in conversations with the best is. It didn’t matter. We should make sure that bad police the other side, and again, no—nothing. I hope maybe, as time goes by, it will officers can’t get passed from depart- We don’t want that. matter because this issue is not going ment to department and that their dis- We don’t have the best record on away, and our passion to solve it as a ciplinary actions and employment showing the American people that we collective body shouldn’t go away. I am

VerDate Sep 11 2014 02:19 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.031 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3181 committed to seeing that it doesn’t go mandate the use of body-worn cameras, under both Republican and Democratic away. which have been instrumental in hold- majorities, I know the Judiciary Com- The PRESIDING OFFICER. The Sen- ing both the police and suspects ac- mittee is capable of handling them. I ator from Vermont. countable. Maybe everybody failed to know because we have done it before on Mr. LEAHY. Mr. President, this notice, but Congress already created tough issues. Let me give you an exam- afternoon, we heard a lot of rhetoric. I that program 5 years ago, and our ple. would like to now deal with some re- Committee on Appropriations, in a bi- Seven years ago, a bipartisan group ality. As so often happens, the reality partisan fashion, has been funding it of Senators—Republicans and Demo- is different from the rhetoric. every year since, all 5 years. This is crats across the political spectrum— Since I last spoke on the Senate floor not something new. put together a thoughtful, bipartisan in the wake of George Floyd’s murder, The Republican bill would create bill to reform our immigration system, the American people’s calls for justice grant incentives to encourage police but the bill wasn’t put here on the Sen- and accountability have not dimin- departments to change behaviors. The ate floor with a ‘‘take it or leave it.’’ ished. Fortunately, they have grown legislation introduced by Senators As chairman of the Senate Judiciary, I stronger, and rightfully so. Even since BOOKER and HARRIS would actually held three hearings on the bill and then then, our Nation has had to confront change those behaviors. They don’t held 5 days of markups, some going yet another needless killing of an Afri- say: Here. Please do it. They say: Here. late into the night. We considered 212 can-American man, when an Atlanta You have to do it. They do it by ban- amendments, 141 of which were adopt- police officer shot Rayshard Brooks ning choke holds, and they ban no- ed, including 50 amendments offered by twice in the back when he was fleeing knock warrants. Republicans and voted on by both from officers. Unlike the Booker-Harris bill, the Democrats and Republicans. Our proc- Now, I know from my own experience Republican bill would not address ess was fair, thorough, and deliberate. in law enforcement that nobody can qualified immunity, which allows offi- What happened when it came to the dispute that police officers have in- cers to evade accountability even when Senate floor? There were 68 Senators credibly challenging jobs. No one will a court finds they have violated con- from both parties across the political dispute that they are faced with dif- stitutional rights. Can you imagine spectrum who supported the legislation ficult, split-second decisions that im- anybody else in this country, when vio- and voted for it. pact life and death, but that difficulty lating someone’s constitutional rights, Now, if we could replicate that proc- does not excuse the fact that some- standing up and saying: ‘‘But I am in a ess for policing reform today—go thing is deeply wrong in our country. It protected group. You can’t do anything through committee, have the debate, does not excuse the fact that people of about it. Bye, bye now. See ya’’? bring up the amendments, have the The Republican bill does nothing to color have disproportionately suffered hearings, vote on something, and bring address racial profiling. It does nothing from police misconduct. People of color it here to the floor with that kind of to ensure that deadly force is used only disproportionately are profiled by po- strong support—I would suspect even as a last resort—not as a first resort lice, are stopped by police, are arrested more Senators, Democrats and Repub- and especially not against somebody by police, and are victims of excessive licans alike, would support it. who, while running away, gets shot in force at the hands of police. Senator MCCONNELL is skipping all of the back and is given the death pen- Confronted with the killing of George that. He is not allowing the Judiciary alty. It also does nothing to ensure Floyd, millions of Americans are de- Committee to do its work. He is not at- there will be Federal oversight when a manding we do better as a nation. They tempting to build bipartisan com- local law enforcement agency dem- recognize that longstanding societal promise. He is, instead, forcing the onstrates a pattern of violating their prejudices and biases and have created Senate to take up a wholly inadequate citizens’ civil liberties. a law enforcement culture and broader It is well-known that the Trump ad- partisan bill or to do nothing at all. criminal justice system that perpet- ministration has effectively abandoned ‘‘Here, vote for this deeply flawed bill uates these prejudices and biases. They pattern or practice investigations and or you get nothing.’’ That is not being demand that we roll up our sleeves and consent decrees, which are proven in- the conscience of the Nation. That is do the hard work of ensuring that struments for positive change within not why I and many others came to the those charged with preserving the rule some of our troubled departments. Senate. That is not how the Senate of law are also subject to it, that no That is why the Booker-Harris bill gets things done, and every Senator, person is above the law. strengthens these investigations at Republican and Democrat alike, knows For millions of Americans, the time both the Federal and State levels. that. to act is now, but I think the Senate is At every turn, where the Republican So I would suggest to the leader, if he acting as though it is not up to the bill provides a talking point, the Book- is serious about tackling racial injus- task. On Thursday, the House is ex- er-Harris bill provides real account- tice and policing reform, that there is pected to pass comprehensive legisla- ability and real transparency. Sadly a blueprint to follow. This is not it. I tion to reform policing, and it is going and, I think, disturbingly, the fact that urge the majority leader to reverse to do that with Republicans and Demo- the majority leader will not even allow course. If he is unwilling to bring crats voting for it. The Senate has only the Senate to debate the Booker-Harris meaningful legislation to the floor to advanced a patchwork of half-measures bill reveals that he is interested in nei- address these issues today, well then, that would do little more than to place ther. allow the Judiciary Committee to put a handful of bandaids on deep, genera- For a moment last week, it appeared in the hard work that is necessary to tions-old wounds. that some Republicans were serious build bipartisan consensus. I am sure it As someone who knows him, I don’t about finding bipartisan compromise. could be done within a couple of weeks doubt at all that the legislation drafted During a Judiciary Committee hearing of actual hearings and votes in our by Senator SCOTT is a good-faith at- on policing reform, Chairman GRAHAM committee. tempt at finding consensus within the said he would like the committee to Instead, the leader is insisting on a Republican Conference on how to re- work together to find solutions, ‘‘to sit process that is designed to fail. In form policing, but by any reasonable down’’ and see if we could ‘‘reconcile doing so, the Senate fails. The Senate measure, the bill the Republicans have [the policing reform] packages and fails George Floyd, and it fails Breonna put forward actually fails to reform po- come up with something in common.’’ Taylor, and it fails countless others licing. On many of the most pressing A number of Republican colleagues on who have been victims of brutality or issues, such as addressing true racial the Judiciary Committee even ex- discrimination by a flawed justice sys- inequalities or disparities or discrimi- pressed an openness in reevaluating tem. In doing so, the Senate also fails nation, the Republican bill defers ei- qualified immunity to ensure that the American people. ther by doing nothing at all or by leav- there would be a sense of account- I hope this is not the path we take. I ing it to a future commission to study. ability within police departments. voted not to go forward with a flawed The Republican bill purports to cre- I agree that these are difficult issues, process, hoping we might have a real ate a new grant program to fund and but certainly, based on my experience bipartisan process. I believe the Senate

VerDate Sep 11 2014 02:19 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.032 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3182 CONGRESSIONAL RECORD — SENATE June 24, 2020 should be the conscience of the Nation. erational alliance seems to have found istration has regrettably reinstated a Let’s be so in this. Let’s go to com- a collective will to confront one of hu- ban on transgender persons serving mittee, and let’s have Republicans and manity’s oldest viruses—the virus of openly in the military, trans men, Democrats vote for or against amend- racism. women, and children are becoming ments and bring a bill to the floor. It was a different protest 51 years ago more visible members in much of the Stop these ‘‘take it or leave it’’ steps this month that began one of the new- rest of our society. by the Republican leader. Let’s have a est chapters of America’s long struggle This June also brings a major new bill that both Republicans and Demo- for equal rights. That protest is the cause for celebration. In a landmark 6- crats have worked on, and then bring it reason that June is celebrated as Pride to-3 ruling, the Supreme Court of the up. Let’s vote up or down on amend- Month. United States has ruled that employ- ments. Let’s give the American people It started in the early morning hours ment discrimination on the basis of something they can be proud of and of June 28, 1969, at the Stonewall Inn in sexual orientation and gender identity something, finally, the Senate can be the Greenwich Village section of New is prohibited under the Civil Rights proud of. York City. Today, the name ‘‘Stone- Act of 1964. This is an amazing story in I do not see another Senator who wall’’ stands as a milestone on Amer- history, where an ultra-conservative seeks recognition, so I suggest the ab- ica’s journey toward equal justice, Congressman from Virginia in 1964 sence of a quorum. alongside such revered names as thought that he would torpedo the civil The PRESIDING OFFICER. The ‘‘Selma’’ and ‘‘Seneca Falls.’’ In 1969, rights bill by adding the word ‘‘sex’’ clerk will call the roll. however, the Stonewall Inn was a ram- into those bases for discrimination, The senior assistant legislative clerk shackle refuge for outcasts—a home thus inviting protection for women. He proceeded to call the roll. away from home for some of the poor- was sure that would be the end of the Mr. DURBIN. Mr. President, I ask est, most powerless members within unanimous consent that the order for conversation. His amendment was one of America’s most marginalized the quorum call be rescinded. adopted and of course led to a lot of de- The PRESIDING OFFICER. Without communities. Its patrons included drag bate on gender equality and ending objection, it is so ordered. queens and lesbians, transgender and gender discrimination. Little did he gender nonconforming people, home- know—or many others—that it would PRIDE MONTH 2020 Mr. DURBIN. Mr. President, our less LGBTQ youth who lived in nearby lead to this historic Supreme Court Founders did not give us a perfect na- Christopher Street Park after being ruling when it came to sexual orienta- tion. Even they knew that. When abandoned by their own families. tion. This is history happening before Thomas Jefferson, himself a slave- Police raids and arrests were regular our eyes, and thank goodness—thank owner, reflected on the existence of events at the Stonewall Inn, as they goodness—we are alive to see it. slavery in a nation which claimed to were at most gay bars in America at But work of equal justice under the believe that all men are created equal, that time, but something changed dur- law is never finished. We were re- he wrote: ‘‘I tremble for my country ing that raid in the early morning minded of that 2 weeks ago when the when I reflect that God is just; that his hours of June 28, 1969. Something in Trump administration released a dis- justice cannot sleep forever.’’ this great universe shifted. That night, criminatory rule that attempts to Jefferson was not alone as a slave- when the police became violent, the pa- eliminate explicit healthcare protec- owner. George Washington—the name- trons of the Stonewall Inn fought back. tions for LGBTQ Americans. We are re- sake of this great city and another The Stonewall uprising was a 6-day minded that the work of equality is not great State, the father of our Nation— protest against police mistreatment, finished each time we learn of another and his wife owned 300 slaves. Just and while the protests were contained victim of alarming violence—violence minutes before he died, he asked his almost entirely within Greenwich Vil- against Black transgender women, in- wife to bring the two copies of his last lage, they changed the world. cluding the deaths of 25-year-old Riah will for him to look at for one last time On the first anniversary of the Stone- Milton in Ohio and 27-year-old and to decide. wall uprising, the first Gay Pride pa- Dominique ‘‘Rem’mie’’ Fells in Phila- He handed one of the copies of the rade was held in New York and Los An- delphia. wills to his wife and said: Burn this geles and in the city of Chicago. Within On May 29, 4 days after George one, and keep the other. What he 2 years of that uprising, there were gay Floyd’s murder, more than 100 of the burned would have released all of his rights organizations in every major Nation’s most prominent LGBTQ civil slaves at the moment of his death. The city in the United States and Canada, rights groups released a letter con- one he signed said that they would con- Australia and Western Europe. demning racial violence. Their letter tinue to be his wife’s slaves for as long The month of June is now recognized said that violence against transgender as she lived. He was the father of our throughout much of the world as Pride and gender nonconforming people of Nation. We might not have had an Month—a celebration of diversity, ac- color happens ‘‘with such regularity, it independent nation without his skill ceptance, and inclusion. is no exaggeration to describe it as a[n] and leadership; yet he was not a perfect Last year, on the 50th anniversary of epidemic of violence.’’ The groups went man by any means. Stonewall, the grand marshal leading on to say: ‘‘We understand what it The true measure of a nation’s great- Chicago’s Pride Parade was our city’s means to rise up and push back against ness is not simply the words written by first openly gay mayor, Lori Light- a culture that tells us we are less than an earlier generation; it is the work of foot—an incredible leader. them, that our lives don’t matter. . . . every generation to make those words This year, most Pride parades and Today, we join together again to say not just ideals but facts. We see that festivals in the United States and Black Lives Matter and commit our- work all around us today. around the globe were canceled or selves to the actions those words re- For weeks, Americans have joined to- transformed into virtual celebrations quire.’’ gether in an incredible display of con- because of COVID–19, but those virtual Among the organizations signing the stitutional petition of this govern- gatherings still had much to celebrate. pledge are the Human Rights Cam- ment, of this Nation, for change. In cit- We have witnessed profound progress paign, Equality Illinois, and the AIDS ies large and small and in virtually in the half-century since Stonewall. Foundation of Chicago. every State, they are protesting sys- Public attitudes about gay and trans Nearly all Americans recognize Dr. temic racism and police violence rights have increased greatly. Marriage King’s ‘‘I Have a Dream’’ speech at the against people of color. equality is now the law of the land. 1963 March on Washington. It was a These protests have spread around Openly gay men and women serve as great moment in America’s long strug- the world. Videotapes and DNA evi- corporate and civic leaders, as mayors, gle for equal rights. But how many of dence have done more to assault the Governors, Members of Congress, and us know that the organizational genius foundation of justice in America than an openly gay, married man just ran a behind that great gathering was a gay anything in our history. serious campaign for President. Gay Black man—Bayard Rustin? In the midst of a pandemic caused by men and lesbians serve openly in Amer- How many of us know the names of a new virus, a multi-ethnic, multigen- ica’s Armed Forces. While this admin- Marsha P. Johnson and Sylvia Rivera—

VerDate Sep 11 2014 02:19 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.034 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3183 activists and transgender women of soldiers and small business owners. the President’s challenge. His response color, members of one of the most More than 200,000 DACA recipients are legislation received 39 votes for and 60 marginalized and victimized groups in now characterized by our government against in the Senate. America. They were also leaders of the as ‘‘essential critical infrastructure On June 4, 2019, the House of Rep- Stonewall uprising. They both contin- workers.’’ I didn’t make that up; it was resentatives passed H.R. 6, the Dream ued to fight for gay and trans rights all a definition of President Trump’s own and Promise Act—legislation that of their lives—until Marsha’s death in Department of Homeland Security. would give Dreamers a path to citizen- 1992 and Sylvia’s death a decade later. Two hundred thousand of the 800,000 ship—with a strong bipartisan vote. Years after Stonewall, Marsha P. DACA recipients are essential critical The Dream and Promise Act has now Johnson recalled: infrastructure workers. Among these been pending in the Senate, on the History isn’t something you look back and essential workers are 41,700 DACA re- desk of Senator MCCONNELL, for more say it was inevitable. [History happens] be- cipients in healthcare—doctors, inten- than 1 year. cause people make decisions that are some- sive care nurses, paramedics, res- On Monday, I sent a letter signed by times very impulsive and of the moment, but piratory therapists. all 47 Democratic Senators calling on these moments are cumulative realities. But on September 5, 2017, President Senator MCCONNELL to immediately James Baldwin, a brilliant writer and Trump repealed DACA. Hundreds of schedule a vote on the Dream and thinker, a gay Black man, warned us thousands of Dreamers faced losing Promise Act. The President has chal- that ‘‘nothing can be changed until it their work permits and being deported lenged us: Do something legislatively. is faced.’’ to countries they barely remember. Do something, Congress. Stonewall was a tipping point. The Thankfully, the Supreme Court has Senator MCCONNELL, it is within protests today against the deaths of now rejected that effort. your power for us to do something and George Floyd, Rayshard Brooks, Unfortunately, the President, to do it quickly. Breonna Taylor, Tony McDade, through his tweets, has responded by Over the years, I have come to the Ahmaud Arbery, Laquan McDonald, attacking the Court and threatening floor of the Senate many times to tell Tamir Rice, Sandra Bland, and so the DACA protectees again. But Chief the simple stories of these Dreamers. many other Black men and women and Justice Roberts made it clear it is not These stories show what is at stake children are, in fact, a tipping point. going to be easy for the President to when we consider the fate of DACA. Today I want to tell you about Diana Let’s not look away from this his- carry out his threat. The Chief Justice Jimenez. She is the 123rd Dreamer toric moment of change. Let this Sen- wrote that in order to repeal DACA, whose story I have told on the Senate ate join on the right side of history. the administration must consider ‘‘ac- floor. She came to the United States Let’s not let a procedural setback on commodating particular reliance inter- the floor of the Senate stop us from from Mexico at the age of 6 and grew ests.’’ Here is what it means: In order up in Laredo, TX. She wrote to me, and finding some common ground to move to repeal DACA, the administration forward. Let’s acknowledge the here is what she said about her child- must consider the interests of those hood: rightness of this month’s Supreme who have come to rely on the program. Court decision and pass the Equality Growing up in the United States was both This includes not just DACA recipients great and challenging. I loved the people, the Act to make it plain that discrimina- but their American citizen children, culture, the language. At times it was also tion based on sexual orientation and the schools where DACA recipients hard. Assimilating and learning English, a gender identity is illegal and will not study and teach, and the employers totally new language for me, came with its be tolerated, not just at your place of who invested time and money in train- setbacks. Still, my neighbors, my teachers employment but all across America in ing them. and the community around me were very every walk of life. Let’s act to end Today, I am calling on President welcoming. I’ll never forget that. state-sanctioned violence and oppres- Trump to do the right thing for our Na- When Diana was 13, her mother was sion against our Black and Brown tion and not make another effort to re- admitted to the hospital. Because her brothers and sisters. Let’s do our part, peal DACA. Instead, the President mother didn’t speak English, Diana in our time, to make the noble prom- should direct the Department of Home- had to serve as a translator. This expe- ises of our Founders real for all Ameri- land Security to reopen DACA. Since rience inspired her to become a nurse. cans. 2017, when the President announced the Diana attended Texas A&M. She was DACA end of DACA, the program has been on the dean’s list and offered a scholar- Mr. President, last week, in another closed to new applicants. As a result, ship for academic accomplishments, landmark decision, the Supreme Court there are tens of thousands of Dream- but she had to turn it down because she rejected President Trump’s effort to re- ers who have never been able to apply is undocumented. She went on to earn peal deportation protections for for their opportunity under DACA. her degree in nursing and history, Dreamers and young immigrants who Now Congress also has a responsi- along with a minor in economics. came to the United States as children. bility. Last week, President Trump Thanks to DACA, she now works as In an opinion by Chief Justice John tweeted, ‘‘I have wanted to take care of an operating room nurse on the cardio- Roberts—an opinion which I have DACA recipients better than the Do vascular/cardiothoracic specialty team here—the Court held that the Presi- Nothing Democrats, but for two years in a hospital in Austin, TX. She is mar- dent’s decision to rescind the Deferred they refused to negotiate.’’ Here is the ried. She has a baby girl. Action for Childhood Arrivals Program reality: President Trump has rejected Here is what Diane says about DACA: was ‘‘arbitrary and capricious.’’ numerous bipartisan offers to protect DACA means opportunity to me. I am glad It was 10 years ago—10 years—that I I live in a country that gives me the chance the Dreamers. to better myself if I want to. There are doors joined Republican Senator Dick Lugar One example: On February 15, 2018, and opportunities for the taking all around of Indiana on a bipartisan basis to call the Senate considered a bipartisan me, and DACA is the key to my success. on President Obama to use his legal au- amendment offered by Republican Sen- Now Diana is on the frontlines of the thority to protect Dreamers from de- ator MIKE ROUNDS and Independent COVID–19 pandemic in a State that is portation. President Obama responded Senator ANGUS KING, which included a seeing a dramatic increase in infection. by creating DACA, which provides tem- path to citizenship for Dreamers. A bi- She is worried about infecting her lit- porary—2 years at a time—protection partisan majority of Senators sup- tle girl. Here is what she says about from deportation to Dreamers if they ported the amendment, but it fell short her experience: of the 60 votes needed to pass the Sen- register with the government, pay a I have come in contact with patients in- substantial fee, and pass a criminal ate because of the Trump administra- fected with COVID multiple times, and I will background check. tion’s opposition. On that same day, continue to do so as long as I am doing my More than 800,000 Dreamers came for- the Senate voted on the President’s im- work. . . . [E]ven though this pandemic has ward to sign up for DACA. It unleashed migration proposal, and that amend- affected both my personal and professional the full potential of these young men ment failed by a bipartisan majority of life, I will continue to do my job as a nurse. and women, who are contributing to 39 to 60. In other words, we came close I want to thank Diana Jimenez for America as teachers and nurses and to 60 in a bipartisan effort to answer her service. She is, in fact, a health

VerDate Sep 11 2014 06:16 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.035 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3184 CONGRESSIONAL RECORD — SENATE June 24, 2020 hero. She is a DACA health hero. She is way. Since he is the majority leader, made proposals. We passed nine laws putting herself and her family at risk he offered a majority bill sponsored by and many new regulations. We tried to to save American lives. Can we ask for Senator TIM SCOTT and cosponsored by do some things to be ready for the next anything more? She shouldn’t have to a number of us on the Republican side. public health emergency. We built worry about whether a decision by this The vote we had a little earlier today buildings to manufacture vaccines. We administration will lead to her depor- was, shall we proceed to the issue of ra- created a new structure for managing tation. cial justice and police reform, starting public health emergency. We changed As long as I am a Senator, I am going with the Scott bill, with an open the way the national stockpile is man- to continue to come to the floor to tell amendment process? aged. We did a number of things. the stories of people just like Diana Ji- Now what does that mean? That One of our witnesses yesterday was menez. It would be an American trag- means that any Democrat could offer Senator Bill Frist, who was the major- edy to deport this brave and talented the House bill, or any Democrat could ity leader during the mid-2000s. He said nurse who is saving lives in the midst offer any other amendment. Now we he made 20 speeches on or about 2005 of this pandemic. have gotten into a bad habit around when he said the only question about We must ensure that Diana and hun- here, which I know the Senator from the next pandemic is not whether it is dreds of thousands of others in our es- Illinois doesn’t like either, which is if coming but when it will come. He list- sential workforce are not stopped from he offers an amendment and I object to ed six things that needed to be done working when the need for their serv- his amendment, and then, if I offer an back then. Well, the reason we had the ice has never been greater, and we amendment, he says: Well, you ob- hearing yesterday was that we didn’t must give them the chance that they jected to mine; I will object to yours. get all of those things done. deserve to become American citizens. And so we don’t have any amendments. Would America be better if Diana Ji- But we should be able to bring an im- Now, some people might say: Well, menez was returned to Mexico, if this portant bill to the floor, whether it is weren’t we prepared for this pandemic? nurse left the operating room at that DACA or national defense or whether it And most experts felt that we were hospital, if she decided that she could is, criminal justice, and say that it is pretty well prepared. I read yesterday no longer stay in the United States and open for amendment, and let’s have in the hearing a front-page story from was forced, deported to leave in the amendments. the New York Times on March 1 of this midst of this pandemic? Of course not. I think that has happened so little year about COVID–19. Let me just go Every American knows that—Demo- over the last several years that people back. March 1 was 6 weeks after we crat, Republican, or Independent. have forgotten how to do it. If you knew about the disease. At the time, Why don’t we stand together and re- don’t like the amendment, someone we had about 100 cases in the United mind the President that there are val- can move to table it. That takes 51 States and only 2 deaths. There were ues worth fighting for, and one of them votes, and sometimes it is 60 votes. If many cases around the world. But at is to make sure that this land of oppor- we get to the end of the process and the that time, the New York Times re- tunity also has room for the immi- minority side doesn’t like the bill the ported that experts said it is ‘‘far from grants who bring so much to our way it is, they can keep it from going certain’’ that this disease would spread shores. off the floor by refusing to give 60 to all parts of the country, especially I yield the floor. votes. So it was very disappointing at the same time, and experts believed The PRESIDING OFFICER (Mr. COT- when the majority leader has taken a that the United States was as well pre- TON). The Senator from Tennessee. limited number of weeks and said: OK, pared as any country to deal with this BUSINESS BEFORE THE SENATE I will give a week and a half to racial pandemic. That was on March 1. Two Mr. ALEXANDER. Mr. President, I justice and police reform, starting with and one-half weeks later, we began to agree with the Senator from Illinois a majority bill and offering to the en- shut down the whole country by order that there ought to be a legislative so- tire Senate a chance to amend it. For of the Government. lution to the DACA children. In fact, the other side to say: No, we will not So we were prepared, but we were we had one in 2013. We worked on it in even let you go to the bill, I think is surprised, too, and we underestimated a bipartisan way—solved a large num- very disappointing. Senator SCOTT is this virus and how aggressive it is and ber of immigration issues, trying to disappointed, and many of us are, and I how contagious it is and the fact that have a legal immigration system. We don’t believe it distinguishes the Sen- it can travel silently without symp- sent it to the House, and the House ate when that occurs. toms. didn’t consider it. I am ready to con- PANDEMIC PREPARATION So Dr. Frist was one of the witnesses tinue to do that. Mr. President, I came to the floor yesterday. Mike Leavitt, a former Sec- I disagree with one thing that hap- today to talk briefly about a hearing retary of Health and Human Services, pened today, though, about bringing we held yesterday in the HELP Com- former Governor of Utah, was another. bills to the floor. He talked about the mittee on the next pandemic: What do Julie Gerberding, who was former head importance of bringing the DACA legis- we need to do to prepare for the next of the Centers for Disease Control, was lation to the floor. That is important pandemic? yet another. She is now at Merck. Dr. once we have an agreement either in That caused at least one Senator to Khaldun, who is the chief medical offi- the committee or among us informally. say: What are we doing talking about cer of the State of Michigan was there. The second bill that is very impor- the next pandemic when we are in the We talked about the next pandemic. tant to bring to the floor is the Na- middle of a big one right now and we Why talk about it now? Because of the tional Defense Authorization Act, have a lot of work to do? which has been enacted for more than We do have a lot of work to do, but I things that Dr. Frist mentioned 20 50 years and to which members of the want to answer that question. years ago and the things that really Armed Services Committee have a The reason we have to talk about the need to get done, we didn’t get that all chance to offer amendments. next pandemic is that we have short done in between pandemics. Why? We But Senator MCCONNELL is the ma- memories. Memories fade. We go on to have short memories. Four or five jority leader, and because he is, he has the next issue, and we don’t do every- months ago we were in the middle of an one right, really, which is to decide thing we needed to do. impeachment of the President. That what to bring to the floor. He pushed We have had public health emer- sounds like ancient Roman history aside the National Defense Authoriza- gencies before. Some Senators were today. tion Act, which is important, and said: here when anthrax drove Senators from Our minds go on to the next crisis if In these times, I think the important their offices. There was SARS and the we don’t get things done. So the time thing for me to do is to bring to the 2009 flu pandemic. There was Ebola. to look at the next pandemic is while floor legislation on police reform and There was MRSA. Four Presidents— we are in the middle of this one and racial justice and allow the Senate to Bush, Obama, Trump, and Clinton—all say: What are we lacking? What could have an open amendment process. He reacted to those in the way you would we do better? And let’s fix it while the did that in what would be the logical think. They issued reports, and they iron is hot, while our eye is on it.

VerDate Sep 11 2014 06:16 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.037 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3185 For example, one of the things that will learn from that for the next pan- colleges can open safely, that will be they suggested that we do—all of the demic. the surest avenue toward normalcy in witnesses—is that we have a dedicated On disease surveillance, there is a lot the year 2020 before we have a vaccine. source of funding for stockpiles and for of criticism of the Centers for Disease We also had a hearing last week on research. Control’s inability to gather all the telehealth. We have had 10 years of ex- Do you think that is easy to do? I data it needs to track emerging dis- perience crammed into 3 months. We don’t think it will be easy to get done. eases in the way that it should. Now is have gone from very little telehealth It took us years to pass the outdoor the time to deal with that. medical services delivered remotely to, recreation bill, the Great American Stockpiles, distributions, and surges in some cases, 40 percent or 50 percent Outdoors Act, because of those kinds of in hospitals. We had to shut down hos- of the doctor-patient visits being done funding issues. We are more likely to pitals’ elective surgeries, creating remotely. Many people think that will create a dedicated stream of funding enormous costs all across the country. level off at 15 to 20 percent. That would for preparedness for the next pandemic We had to come up with $175 billion probably be the biggest change in de- if we do it in the middle of this pan- just over the last 3 months to try to livery of medical services in our Na- demic, when we have our eye on the help hospitals recover that. Can we not tion’s history. I can’t think of a bigger ball. do a different job of preparing for the one. Hundreds of millions of visits will Another recommendation is that we surge of patients that will come with a be done remotely instead of in-person. should have an office in the National pandemic? Maybe the best time to do I recommended that at least the two Security Council to provide coordina- that is while we are in the midst of a major changes that we have made tem- tion between epidemics and during the pandemic. porarily in telehealth be made perma- next one. That is not easy to do, either. On public health capabilities, I men- nent. Yesterday was what to do about When is the best time to do it? Now, tioned strengthening the local public the next pandemic. during this pandemic, when we have health system. Then, who is on the Next Tuesday will be our fifth hear- our eye on the ball. flagpole? Is there a better way to have ing this month, and it will include Dr. Another proposal that came up very a Supreme Allied Commander with all Fauci, Dr. Redfield, Dr. Hahn, and Ad- often is that we ought to build manu- the various agencies that we have miral Giroir, who will give us an up- facturing plants for vaccines that we today. date on going back to school and col- don’t use between pandemics and that Those plus the need for dedicated lege and work. we ought to spend the money to keep funding are difficult issues. The answer Mr. President, I ask unanimous con- them ‘‘open and warm,’’ in the words of to the question, ‘‘Why in the world are sent to have my opening statement Mike Leavitt, so that they are ready we having a hearing on the next pan- from yesterday’s hearing printed in the when suddenly a pandemic comes. demic when we are in the middle of RECORD. Remember, this one hit us fast. this one?’’ is because for the last 20 There being no objection, the mate- There were not many cases on March 1 years, between pandemics, we hadn’t rial was ordered to be printed in the and shutting down the government by gotten the job done on some of the RECORD, as follows: the end of March. We need those manu- things that needed to be done that Dr. OPENING STATEMENT facturing plants and that is something Frist mentioned when he was majority COVID–19: LESSONS LEARNED TO PREPARE FOR we haven’t gotten done in the way we leader in 20 speeches, 20 years ago. So THE NEXT PANDEMIC should have gotten done—some of it. if we can’t do it between pandemics, [June 23, 2020] When is the next best time to do it? let’s do it during a pandemic. That is Less than four months ago, on March 1— Now, while we have our eye on the ball. what our hearing was about. when the coronavirus had caused a little Strengthening our State and local It was a good hearing—terrific wit- more than 3,000 deaths worldwide and 2 public health systems—Governor nesses, good suggestions. At the end, I deaths in the United States—The New York Leavitt said that over the last 40 years, asked all four witnesses to please sum- Times reported: ‘‘With its top-notch sci- we have consistently underfunded our marize the three things that each one entists, modern hospitals and sprawling pub- State and local health systems. They thought should be done this year if lic health infrastructure, most experts agree, are the leaders in our effort to deal they could. As it turns out, they are all the United States is among the countries best prepared to prevent or manage such an with this or any pandemic, including hard to do, and, second, most of them epidemic.’’ the next one. When is the next time to would not only help with the next pan- Even the experts underestimated the ease get over this bad habit of underfunding demic, but they will help with the cur- of transmission and the ability of this novel our State and local public health sys- rent one that we are in. coronavirus to spread without symptoms. tems? Right now, when we see that we That was our fourth hearing this Those qualities have made the virus—in need it and we see what deficiencies we month by the HELP Committee. We the words of infectious disease expert Dr. might have. have had a hearing on going back to Anthony Fauci, ‘‘my worst nightmare.’’ Now on stockpiles, in between some college safely. We had one on going ‘‘In the period of four months, it has dev- astated the world,’’ Dr. Fauci said recently of these earlier pandemics, we changed back to school safely. Those two hear- in remarks at a virtual convention. the management of the stockpile, spent ings made clear to me the need for us This committee is holding this hearing some money to ensure protective to consider if we have another piece of today because, even with an event as signifi- equipment was in there and the things COVID legislation in July, that it cant as COVID–19, memories fade and atten- we need. It turned out not to be suffi- needs to include sufficient funds to tion moves quickly to the next crisis. cient. Why? The problem was that be- make sure our 100,000 schools and 6,000 While the nation is in the midst of re- tween pandemics, we took our eyes off colleges can open safely in the fall. The sponding to COVID–19, the United States the ball and budgets got tight and way to open the economy is to go back Congress should take stock now of what parts of the local, state, and federal response States and hospitals began to save to school and back to college and back worked, what could work better and how, money by getting rid of the things in to childcare. That will get us back to and be prepared to pass legislation this year their local stockpiles. So for all of work. Two-thirds of the married fami- to better prepare for the next pandemic, those reasons, the things that we need lies in this country have parents, both which will surely come. to do need to be done now. of whom work outside the home. Chil- On June 9, I released a white paper out- I put out a white paper a few weeks dren aren’t learning when they are let lining 5 recommendations for Congress to ago inviting comment from experts out of school in March and don’t go prepare Americans for the next pandemic: around the country on what we need to back to school in 6 months or maybe 1. Tests, Treatments, and Vaccines—Accel- do now to prepare for the next pan- even in 8 or 10 months, if they don’t go erate Research and Development 2. Disease Surveillance—Expand Ability to demic. Item No. 1 was tests, treat- back in the fall. So there is some Detect, Identify, Model, and Track Emerging ments, and vaccines. How do we accel- health risk, but if we do our job here to Infectious Diseases erate research and development? We provide sufficient funds in July to 3. Stockpiles, Distribution, and Surges— are doing a good job now. Hopefully, we make sure our 100,000 schools and 6,000 Rebuild and Maintain Federal and State

VerDate Sep 11 2014 04:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.038 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3186 CONGRESSIONAL RECORD — SENATE June 24, 2020 Stockpiles and Improve Medical Supply sponse, many states did not have enough But you can go back even further Surge Capacity and Distribution trained doctors, nurses and health care pro- than what Dr. King said. You can go 4. Public Health Capabilities—Improve fessionals; had inadequate stockpiles; and back hundreds of years. St. Augustine State and Local Capacity to Respond struggled with funding challenges. In some 5. Who Is on the Flagpole?—Improve Co- instances, overreliance on inflexible federal said it well, about justice. He said: ordination of Federal Agencies During a funding contributed to these problems. ‘‘Without justice, what are kingdoms Public Health Emergency Looking at lessons learned from the but great bands of robbers?’’ I have invited comments, responses, and COVID–19 crisis thus far, many of the chal- Kingdoms as bands of robbers. There any additional recommendations for the lenges Congress has worked to address dur- has been a lot of robbery over many, Senate Committee on Health, Education, ing the last 20 years still remain. many years—even generations—when Labor and Pensions to consider. This feed- Additionally, COVID–19 has exposed some it comes to Black Americans. For hun- gaps that had not been previously identified. back will be shared with my colleagues, both dreds of years, Black Americans have Democrat and Republican. These include unanticipated shortages of This is not a new subject for any of the testing supplies and sedative drugs, which been robbed of the equal protection of witnesses we have today. are necessary to use ventilators for COVID– the law. Fifteen years ago, then Majority Leader of 19 patients. The U.S. Supreme Court has embla- the Senate, Bill Frist, said in a speech at the Memories fade and attention moves quick- zoned on the front portico of that National Press Club that a viral pandemic ly to the next crisis. That makes it impera- building, just yards from here, ‘‘Equal was no longer a question of if, but a question tive that Congress act on needed changes Justice Under Law.’’ So many Black of when. He recommended what he calls a ‘‘6 this year in order to better prepare for the next pandemic. Americans have been robbed of equal point public health prescription to minimize justice under law. They have been the blow—communication, surveillance, I look forward to hearing from our wit- antivirals, vaccines, research, stockpile/ nesses today and I also appreciate the feed- robbed of opportunity—the opportunity surge capacity.’’ back we are receiving on the white paper. I to advance in a country that would not Sen. Frist is one of our witnesses today. I have set a deadline for June 26 on that feed- hold the color of their skin against am including two of his speeches in the hear- back so the committee has time to draft and them. They have been robbed of that. ing record. pass legislation this year. They have been robbed of their dignity Our next witness, Dr. Joneigh S. Khaldun Mr. ALEXANDER. I yield the floor. over and over, in grave ways and in (jo-NAY kal-DOON) serves as the Chief Med- The PRESIDING OFFICER. The Sen- other ways that people never saw—all ical Executive and Chief Deputy Director for ator from Pennsylvania. the indignities, all the insults, and all Health at the Michigan Department of THE JUSTICE ACT Health and Human Services, where she has the mistreatment. Not to mention, Mr. CASEY. Mr. President, I rise this worse than that, Black Americans have worked with other state and federal agencies afternoon to speak about the bill that to coordinate Michigan’s response to COVID– been robbed of the chance to truly pur- 19. we voted on earlier today and the de- sue the American dream. Another witness is Dr. Julie Gerberding, bate that has ensued prior to that vote They have been robbed of peace of who served as the Director of the Centers for and I am sure afterwards. mind, something that those of us who Disease Control and Prevention under Presi- This is a moral moment for the coun- are White should think about a lot dent George W. Bush, and helped lead pre- try. I believe most would agree with more. I should think about more, as a paredness efforts and the response to SARS, that. The question is, How will our Na- White male, of the peace of mind that West Nile Virus, H5Nl avian influenza, and tion respond at this moral moment? a parent has. A father or a mother the rise of multi-drug resistant bacteria like The brutal murder of George Floyd MRSA. by a police officer ‘‘shames us before should have the peace of mind in Amer- Another witness is Governor Michael the world.’’ I am quoting an NAACP of- ica when their son or daughter—but Leavitt, who served as Governor of Utah and often it is their son—leaves the house as U.S. Secretary of Health and Human Serv- ficial who said it for all of us. His mur- der did shame us before the world, so in the morning: Will he be mistreated ices and Administrator of the Environmental walking through a neighborhood by an Protection Agency under President George did the murder of Rayshard Brooks and W. Bush. Breonna Taylor, and we can go on from official of our government law enforce- Following the emergence of HSN1 avian there, with so many names that we ment or otherwise? Will he be pulled flu, Governor Leavitt increasingly focused haven’t heard before, and many that over and have his rights violated be- his efforts on pandemic preparedness. As we will hear over and over. cause of the color of his skin? Black Secretary in 2007, he said this: ‘‘Everything A lot of us feel that shame. Countless Americans have been robbed of that we do before a pandemic will seem alarmist. millions of Americans feel that shame. peace of mind, in addition to so many Everything we do after a pandemic will seem other kinds of robbery that have im- inadequate. This is the dilemma we face, but They feel that sadness and they feel that anger all these weeks since that pacted their lives. it should not stop us from doing what we can So what do we do? Do we simply to prepare.’’ terrible moment that we all witnessed, Congress has passed legislation to prepare and so many other moments before and march and protest and express out- for pandemics before: During the past 20 after that. As they feel that shame and rage? All of that is important. All of years, four Presidents and several Congresses express anger and frustration, and as that is vital. In fact, all of that is one enacted nine significant laws to help local, they protest and proclaim, as they of the reasons we are even here talking state, and federal governments, as well as march and mobilize, as they use their about it on the Senate floor—people in hospitals and health care providers, to pre- voice and cast their votes, they de- both parties talking about it. In my pare for a public health emergency, includ- home State of Pennsylvania, there are ing a pandemic. mand change, but not simply change in Congress provided over $18 billion to states and of itself, a certain kind of change— very few counties—just a handful of and hospital preparedness systems over the the kind of change we see rarely in counties—that have not had one or two last 15 years to help them prepare as well. Washington these days and, frankly, or many more protests in a State with In writing those laws, Congress considered rarely over the course of American his- 67 counties. many reports from presidential administra- tory, but I think we might be in one of Part of what we have to do as legisla- tions, Offices of Inspectors General, the Gov- those moments now. tors, as Members of this legislative ernment Accountability Office, and outside They demand transformative change. body called the U.S. Senate, is to, in experts. fact, legislate. Let me start with the The reports contained warnings that the They demand, and appropriately so, U.S. needed to address the following issues: systemic change to a criminal justice bill that was introduced about 2 weeks better methods to quickly develop tests, system that is infused with racism. ago, the Justice in Policing Act, S. treatments, and vaccines and scale up manu- Their righteous demand for change is, 3912. facturing capacity: better systems to quick- in fact, a petition for justice. If I had to describe the bill in one ly identify emerging infectious diseases; In the 1950s and 1960s, Martin Luther word, it would be accountability. I more training for the health care and public King said it well, among many things think there is a big difference between health workforces; better distribution of he said well, about where we were then that bill, the Justice in Policing Act, medical supplies; and better systems to and, unfortunately, where we are now. and the bill offered by the majority. share information within and among states, and between states and the federal govern- His words still ring true. He said: ‘‘In- Accountability is vital. It is essential. ment. justice anywhere is a threat to justice We cannot move forward and say that Many reports also warned that while states everywhere.’’ It is still true today in we have done something substantial to play the lead role in a public health re- the context of this debate. bring about justice and to advance the

VerDate Sep 11 2014 06:16 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.007 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3187 cause of justice unless there is ac- course, supposed to be judicially en- the light!’’ And then it goes on to say: countability. The bill also has very forced. These decrees can often ensure ‘‘We are called to act with justice.’’ strong transparency provisions, as well that a police department implements If we are going to act with justice as a long menu of actions we can take reforms. Here is one of the problems. here by way of legislation, we should to improve police practices in a mean- The Trump administration has vir- listen not just to the Scriptures or to ingful way. Let me start with account- tually abandoned this practice of Dr. King or to St. Augustine. We ability. bringing these pattern-or-practice in- should also listen to a more recent Dr. When we talk about accountability, vestigations. The Obama administra- King. He just happens to be the former we are talking about constitutional tion opened 25 such cases. But even Education Secretary, Dr. John B. King. violations—preventing those violations under the Obama administration, there He just testified a couple of weeks ago and holding those accountable that en- was a constraint because of the lack of in our Health, Education, Labor, and gage in constitutional violations. We subpoena power. That should be Pensions Committee, the committee could, for example, revise 18 U.S. Code, changed. that Senator ALEXANDER was talking section 242. It is, right now, as a matter I will just mention two more provi- about. of law, a violation of law for any law sions. It is a long list, but I will just Former Secretary of Education King enforcement officer to willfully deprive mention two more. The Justice in Po- said the following regarding students a person of any right protected by the licing Act bans choke holds and bans returning to school this year, and I Constitution. But it is almost impos- carotid holds. And No. 5, it bans no- think it bears directly not just on sible for prosecutors to prove willful- knock warrants in Federal drug cases. these justice issues but also on the ness, and the Department of Justice Now, what about the bill offered by broader agenda that we should push doesn’t prosecute very many cases in a the Republicans, the majority here in forward to advance the interests of Nation of 18,000 law enforcement agen- the Senate? The Republican bill does Black Americans and communities of cies. not, in my judgment, respond to this color. This bill would revise the intent moral moment. It does not substan- Dr. King, in this testimony just re- standard, known by the Latin ‘‘mens tially advance the cause of justice be- cently, said the following. rea’’—the intent standard—to know- cause it is devoid of provisions that When our students return to school build- ingly or with reckless disregard. So the would impose accountability—real ac- ings, they will need additional supports as change of that standard under law countability—on law enforcement, and they grapple with the continued reality of would make it more likely that suc- especially on a particular law enforce- racism in America and the legacy of over 400 cessful prosecutions can be brought ment officer who is sworn to protect years of anti-Blackness. The murders of when constitutional rights are violated Americans. He is not sworn to violate George Floyd— in a criminal manner. their constitutional rights. So when a And then he lists some others— The second constitutional violation law enforcement officer engages in [Those murders] have once again sent the provision speaks to civil liability. Re- that conduct, there must be account- message to Black students that their lives forming our civil liability laws are ability. The bill does not speak to that are devalued. often referred to by a particular doc- in a fashion that I think would bring He goes on in his testimony to talk trine, qualified immunity. In cases about change. about the moment we are in—the mo- where a citizen is a victim of police The bill also doesn’t even explicitly ment I have called the moral moment, misconduct, this is a constitutional ban choke holds and carotid holds, as have others. violation when it happens. Currently, a meaning a choke hold that cuts off Dr. John King said: police officer who violates an Ameri- your air flow, which we know can kill [We face a moment where] our nation’s can’s constitutional rights is often pro- someone, and also the carotid hold, students of color and their families also find tected by a liability shield we know as which cuts off your blood flow. We themselves enduring a pandemic that dis- qualified immunity. This doctrine has know that both can be dangerous. Both proportionately impacts their health and been questioned by many. There are at can be, in fact, lethal. The bill doesn’t safety, mired in an economic crisis that dis- least two Supreme Court Justices, who ban them. That is the only reason, po- proportionately affects their financial well- being, and living in a country that too often don’t usually agree on much, that tentially, we are even here debating still struggles to recognize their humanity. questioned it. Members of the U.S. Sen- this, because the American people— ate in both parties here have ques- God only knows, tens of millions— As Dr. Martin Luther King and Dr. tioned this doctrine. Basically, the doc- watched a police officer choke the life John King, the former Secretary of trine holds that police cannot be liable out of a human being, George Floyd. Education, and others have told us, we unless the conduct violates ‘‘clearly es- Without that video, I am not sure we have to make sure this is a moment we tablished’’ standards or a standard set would be here debating this bill or any can act with justice, as the hymn tells forth in prior cases, and most courts bill. But the idea that this practice is us. dismiss such cases. The bill would re- not banned under this bill makes the All of us, no matter where we are form that doctrine of qualified immu- bill woefully deficient, and I think that from and no matter what party we are nity to ensure that Americans can re- is an understatement. in—all of us—are called to act with jus- cover damages in a case where their The bill fails to ban no-knock war- tice. So let us not fail to act with jus- constitutional rights are violated by rants, even in the context—frankly, a tice in this moral moment. Let us em- the actions of law enforcement. limited context—of Federal drug cases. brace this moment. Pass the Justice in There are two provisions that speak It doesn’t do that. That kind of a ban Policing Act or something very close to accountability. There is a third, as might have saved the life of Breonna to that, and bring the warm light of well, and I will not go through all of Taylor, for example. The Republican justice to millions of Americans, espe- them. Accountability also means bill doesn’t prohibit racial profiling, cially Black Americans. strengthening pattern-or-practice in- and it provides no change—no substan- I yield the floor. vestigations by granting subpoena tial change—in the militarization of The PRESIDING OFFICER. The Sen- power to the Civil Rights Division at police forces. ator from Indiana. the Department of Justice, and also In the end, we are here not just to de- BORDER SECURITY providing grants and funding to State bate and to focus on bills and policy in Mr. YOUNG. Mr. President, there has attorneys general to conduct these pat- language, but we are here to talk about been a lot of talk on this floor about tern-or-practice investigations at the justice. There is a great hymn I heard border security in recent years. It is State level. The focus here, again, is on in church over many years. It is rooted amazing how much of what is said re- constitutional violations that are sys- in the Scriptures. One of the refrains or sembles what was said a quarter cen- temic in a local jurisdiction or sys- one of the parts of the refrain of that tury ago. I am equally amazed by how temic in a State agency. hymn is this: ‘‘We are called to act the politics of border security have What results from these kinds of in- with justice.’’ Those are the exact changed over that time period. vestigations often are consent decrees. words of that hymn. The first couple of Earlier this week—it has been widely These consent decrees by courts are, of lines of the hymn are: ‘‘Come! Live in publicized—President Trump visited

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.041 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3188 CONGRESSIONAL RECORD — SENATE June 24, 2020 Yuma, AZ, to highlight the continued time period. This includes 497 deaths The PRESIDING OFFICER (Mrs. need for border security. Now, as some- last year. That is a 26-percent increase BLACKBURN). The Senator from North one who has actually had firsthand ex- from the year prior. This is a true hu- Dakota. perience with border security, I manitarian crisis today. It is also a na- REMEMBERING SISTER THOMAS WELDER thought I would say a few words as tional security threat. Mr. CRAMER. Madam President, I well. In addition to migrants fleeing Cen- come to the floor today with, frankly, As a U.S. marine in the 1990s, I spent tral America, it is possible that foreign a heavy heart and a fair bit of trepi- months in a desolate, forbidding terrorist organizations could penetrate dation. My goal over the next few min- stretch of desert—my apologies to Ari- this porous border. So border security utes is to pay tribute to somebody who zonans—that was a stone’s throw away and the safety of Americans has long is so special, so remarkable, so beloved, from Yuma, AZ, the same place where been and should remain a priority of so important to my home State of these Border Patrol agents stand. Now, all Republicans and Democrats, espe- North Dakota that I feel inadequate, my marines and I were part of an un- cially those who serve here at the Fed- frankly. But here I am to pay tribute manned aerial vehicle unit. We worked eral level. to Sister Thomas Welder, who died and with Border Patrol agents, like these President Trump is not the first went to be with the Lord on Monday gentleman, and we were charged with President—underscore ‘‘not the first morning of this week at the age of 80. patrolling the border in the Yuma Sec- President’’—to understand this or to Sister Thomas was for 31 years the tor. They were on the ground. We flew emphasize this issue. When I was serv- president of the University of Mary and drone missions to help them collect in- ing in Arizona as a marine, President in the last several served as president telligence. It is a dangerous area with Clinton was our Nation’s Commander emerita—very active. She was a mem- heavy narcotics and human trafficking. in Chief. During a 1993 press con- ber of the Benedictine Sisters of An- While there, I saw the need for great- ference, President Bill Clinton touted nunciation Monastery at Bismarck. er border security. Now, uniquely, increasing the number of Border Patrol She was a dear personal friend—and among the military services—and I agents and working to supply them not just to me but to everyone. When I know our Presiding Officer had a dis- with the best possible equipment and say ‘‘everyone,’’ I mean everyone who tinguished career in the U.S. Army— technology. He repeated this message mattered. I am unprepared, frankly, to the Marines are charged, by statute, on multiple occasions. Then, during his begin to really address all that she is with tackling whatever mission, how- 1995 State of the Union address, Presi- and was and does and means to people. ever daunting, the President requests dent Clinton said: ‘‘Our administration Madam President, first of all, I would of us. In fact, in 1834, Congress passed a has moved aggressively to secure our like to ask unanimous consent to print statute right on point, indicating, borders more by hiring a record num- in the RECORD her obituary, as well as under the law, that the Marines would ber of new border guards.’’ President the news release announcing her pass- ‘‘conduct such other duties as the Clinton understood this, and he wasn’t ing from the University of Mary. President or Department of Defense the last Democrat to prioritize border There being no objection, the mate- may direct’’—pretty broad. It is pretty security. rial was ordered to be printed in the RECORD, as follows: broad language. When in doubt, send in President Obama, too, understood its SISTER THOMAS WELDER the Marines, I guess. importance. You see, we forget this. It Well, our unit’s mission—not glam- is amazing how quickly we forget. [April 27, 1940–June 22, 2020] ourous, but important then and impor- Under the Obama administration, a Sister Thomas Welder, 80, a member of the tant now—was to help make the border Benedictine Sisters of Annunciation Mon- surge of additional Border Patrol more secure. It is a critical mission, astery, Bismarck, and president of the Uni- agents and resources were provided to which remained a priority under Presi- versity of Mary for 31 years, passed into eter- secure the southwest border and to pre- dents Clinton and Bush. nal life June 22, 2020, at the monastery, fol- Later, a physical barrier was placed vent illegal crossings. In fact, this may lowing a recent diagnosis of kidney cancer. be uncomfortable for some, but Presi- Mass of Christian burial is scheduled for in the Yuma Sector. It was years after Monday, June 29, at 10:00 a.m. in Our Lady of I left Active Duty. Trafficking de- dent Obama was often called the ‘‘deporter in chief’’ during his Presi- the Annunciation Chapel (OLA) at the Bene- creased over roughly a decade’s time dictine Center for Servant Leadership at the period by 95 percent after that physical dency, with roughly 3 million people University of Mary. Visitation will be held barrier was erected. It shouldn’t be deported under the Obama administra- at OLA from 9 a.m. to 10 a.m. before the fu- controversial. It is not ideological. tion. Again, border security should not neral. Due to Covid–19 restrictions, the fu- This is just factual. We know walls be a partisan issue. neral is limited to Welder’s family and close Historically, both sides of the aisle friends. The funeral can be viewed online work when properly and intelligently through livestream at: www.umary.edu/ placed. have agreed that the humanitarian and security issues at our southern border SisterThomas. A public vigil service with Now, historically, there has been a Evening Prayer will be held Sunday, June 28, bipartisan consensus around the idea must be addressed, so it is time for at 7 p.m. in Our Lady of the Annunciation that we not only put boots on the Democrats to partner with Senate Re- Chapel, with visitation prior from 1 p.m. to ground to protect the border but we publicans and President Trump to se- 7 p.m. Sunday’s visitation and vigil service also must invest in technology to se- cure the border and to put Americans will also be livestreamed. cure our border, including physical bar- first. Sister Thomas (baptismal name Diane Marie) was born in Linton, N.D. on April 27, riers where they are required. The If we resolve to work together on a sensible solution to this crisis—and I 1940, to Mary Ann (Kuhn) and Sebastian President was absolutely right years Welder. She was the oldest of three children. ago when he brought up this issue. He resolve to—the result will be safer bor- When she was two, the family moved to Bis- was right this week in Yuma, AZ. He is der towns, more jobs for American marck. right today, and he will be right tomor- workers, fewer strains on limited gov- A graduate of St. Mary’s High School, she row as he continues to emphasize this ernment resources, and a deterrent to joined Annunciation Monastery after a year issue. We must address this situation foreign nationals coming to America of college in Minnesota. Attracted by the that is taking place along our southern illegally and putting themselves and community and prayer life of the sisters, she others at great risk. felt God’s call to become one of them. As a border. We mustn’t lose our resolve. novice, she was given the name of Sister There are illegal crossings and smug- So the Senate cannot lose its nerve Thomas. She made her monastic profession glers who are trafficking drugs and when it comes to the rule of law in ad- on July 11, 1961. Sister Thomas cherished people that have created a horrific hu- dressing border security. This is one Benedictine monastic life which she lived manitarian crisis and an ongoing na- area where we cannot just send in the faithfully for 59 years. tional security threat. Don’t take it Marines. We own this. This body owns She graduated from the College of St. from me. According to the United Na- this. Every U.S. Senator owns this Scholastica, Duluth with a bachelor’s degree tions Missing Migrants Project, more issue, so we, the U.S. Senate, must in music and earned a master’s degree in music from Northwestern University, Evans- than 2,400 migrants have died near the work collectively. We must come to- ton, Ill. United States-Mexico border since gether on this and work with our Presi- A dedicated servant leader, she gave her 2014—2,400 migrants over a fairly short dent to keep America safe and secure. life to the University of Mary for 57 years.

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.043 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3189 She led from her heart and touched the lives ‘‘Sister Thomas lived her life for others,’’ dents, faculty, staff, and guests of the Mon- of many. She was president from 1978 to 2009. said Sister Nicole Kunze, Prioress of Annun- astery would marvel when she asked about Under her remarkable leadership, the school ciation Monastery. ‘‘She was always giving people and situations in their lives that had attained university status in 1986; tripled in to others, whether it was a smile, an encour- been discussed months, even years, earlier. size from 925 students to 3,000; added the uni- aging word or a promise of prayer. She often She had a ready laugh and gentle nature versity’s first doctorate, grew on-site and on- said that the greatest gift you could give a that made others comfortable in her pres- line adult learning programs to 16 locations person was the gift of your time, and she did ence.’’ across the state, region and nation, and that without fail. Sister Thomas modeled so Welder, a Bismarck native, attended the moved to NCAA Division II athletics. many of our Benedictine values with ease College of St. Benedict, graduated from the Sister Thomas was present to students, and grace. She truly received all as Christ. College of St. Scholastica, Duluth, and faculty and staff. She attended student recit- She was intent on maintaining a vibrant earned a master’s degree in music from als and concerts, cheered at athletic events connection between the sisters of the mon- Northwestern University in Evanston, Illi- and participated in many university gath- astery and our sponsored institutions.’’ nois. She is a member of the Benedictine Sis- erings. She called students by name and her The Sisters sponsor the University of ters of the Annunciation Monastery. genuine caring attitude left a deep impres- Mary, where the public will be able to gather Welder began her career as a teacher at the sion on them. She enjoyed getting to know and memorialize her life and lay her to rest. university in 1963, when it was named Mary friends of the university whose financial as- The celebration of Welder’s life will take College. As president, Welder helped the sistance made growth possible. After her re- place over two days. school gain university status, experienced tirement as president, she was named Presi- The public is welcome to join the following steady growth, added numerous under- dent Emerita and served in the university’s memorial ceremonies and funeral online graduate and on-site graduate degree pro- Mission Advancement Office. through livestream at www.youtube.com/ grams throughout North Dakota, helped One of the most widely known and highly universityofmary/live. A public visitation is make Mary one of the premier institutions respected women in North Dakota, Sister planned from 1 p.m. until 7 p.m. on Sunday, for the preparation of leaders, and fostered Thomas loved visiting with people of all ages June 28 in Our Lady of the Annunciation leadership development in students and col- and walks of life. People gave her energy. Chapel (OLA), located in the Benedictine leagues. The Norsk H-stfest Association in- She would focus her entire attention toward Center for Servant Leadership building on ducted Welder into the Scandinavian-Amer- listening to the person right in front of her. campus. A vigil service with Evening Prayer ican Hall of Fame, she received the Lifetime Her enthusiastic spirit, sense of humor, and will follow at 7:00 p.m. Before her funeral at of Caring Award from the United Way, and gentle nature made others comfortable in 10:00 a.m. in OLA on Monday, June 29, a sec- on May 4, 2004, she earned the state’s highest her presence. It was a joy to be with Sister ond public visitation will be held prior from honor from Governor John Hoeven—the Thomas. 9 a.m. until 10 a.m. The funeral is open to Theodore Roosevelt Roughrider Award—pre- Sister Thomas modeled many Benedictine Welder’s family and close friends. sented to individuals who have received na- values, such as hospitality, respect, prayer Welder will then be immediately buried tional recognition, reflecting credit and and service, with ease and grace. Benedictine after Mass in the nearby Monastery Ceme- honor upon North Dakota and its citizens: values were dear to her heart. She com- tery located on the west bluff next to the ‘‘. . . Sister Thomas promotes competence mitted herself to instilling these values Benedictine Center for Servant Leadership, in communication, a commitment to values throughout the monastery’s sponsored insti- overlooking the Missouri River. and service to community. Her strong belief tutions, the communities of CHI St. Alexius ‘‘Sister Thomas Welder was a rare person,’’ of growing into leadership through service Health and the University of Mary. said University of Mary President Monsignor She served on many state and national James Shea. ‘‘Under her leadership and vi- stands as a model for North Dakota and the boards including CHI St. Alexius Health and sion, the University of Mary was confirmed nation,’’ reads an excerpt from the plaque MDU Resources Group, Inc. She received nu- in its purpose to form leaders in the service beneath her portrait that hangs in the North merous honors during her lifetime including of truth in renewed and ever-growing ways, Dakota Hall of Fame in the lower level of North Dakota’s highest honor, the Theodore and Sister Thomas’s leadership touched the State Capitol Building. Roosevelt Rough Rider Award. thousands of students’ lives as the university During the later years of her presidency, Music was one of her passions. She directed grew and expanded over her presidency. But Welder endured chronic kidney complica- the Sisters’ Choir for 46 years and gave cred- perhaps even more than this, Sister Thomas tions that led to a transplant in 2001. In 2005, it to the choir for the beautiful liturgical was known for her attentiveness, her humil- she learned that due to a virus she would music. ity, her heart for service, and her love for need a second kidney transplant, but had to Sister Thomas was grateful for many bless- her vocation as a Benedictine Sister of An- regularly undergo dialysis until a successful ings in her life. She was particularly thank- nunciation Monastery. It was these quali- second kidney transplant could be done in ful to two kidney donors who gave her the ties, too, which touched innumerable lives 2011. gift of life through two kidney transplants. over the course of her life.’’ At the start of Shea’s current presidency She often prayed for and stayed connected to In 2019, Bismarck’s CBS affiliate, KXMB in 2009 and after her 31-year tenure as the these special people. TV, honored Welder for Women’s History fourth University of Mary president, Welder A beloved woman of faith, wisdom, and hu- Month. During that interview, when reporter continued to be involved with University of mility, Sister Thomas gave all of herself to and anchor Lauren Kalberer asked Welder Mary as president emerita—remaining active so many for so long. She will be deeply what she thinks about being regarded as one with public speaking events, committees and missed. of the most influential women of our time, fundraising in the department of Mission Ad- She is survived by a sister, Judy (Steve) ‘‘It gives me pause. First of all, what do we vancement. Jankus, Navarre, Fla.; a sister-in-law, mean by influence? And, what kind of a dif- In lieu of flowers, if you wish to honor the Marcia Welder, Apple Valley, Minn.; an aunt, ference can we make, because, as I think of memory of Sister Thomas Welder, her love Sister Alene Kuhn, SSND, Mankato, Minn.; 6 leadership, I think about it much more in for University of Mary’s students, lifelong nieces and nephews, 11 grand nieces and terms of influence, than I do of power or con- mission of servant leadership, and genuine nephews, one great grandniece, and the Sis- trol,’’ responded Welder. care for others, memorial donations are ters of Annunciation Monastery. During that same TV interview, Shea com- being accepted to Annunciation Monastery She was preceded in death by her parents mented, ‘‘Sister Thomas Welder—more than or for the university’s Sister Thomas Welder and her brother, George. leading by words, leads by her example and Scholarship Fund at www.umary.edu/ Memorials may be made to Annunciation by the way she treats people.’’ SisterThomas. They can also be mailed to Monastery or the University of Mary. Welder influenced millions of people during the Office of Mission Advancement in care of her lifetime, and more profoundly, so many the Sister Thomas Welder Scholarship Fund [Posted by University of Mary, June 22, 2020] students during her time as the longest serv- at 7500 University Drive, Bismarck, ND, ICONIC SERVANT LEADER, EDUCATOR AND UNI- ing female university president in American 58504. VERSITY PRESIDENT EMERITA, SISTER THOM- history from 1978 to 2009. Her joyful laugh, Mr. CRAMER. I am going to read AS WELDER HAS DIED witty humor, profound wisdom, and genuine some of the facts of her life from her BISMARCK, ND.—Former University of love and respect for others were hallmarks of Mary President Sister Thomas Welder, OSB, her character as she lived the Benedictine obituary and do my best to fill in some has passed away at her Annunciation Mon- values. Her knack for remembering names, personal thoughts while I do that. I am astery home early this morning, June 22, particularly the thousands of students, not going to read the entire thing. south of Bismarck, ND, following a recent di- alumni and faculty, is one of her most gifted It starts out: ‘‘Sister Thomas Welder, agnosis of kidney cancer. qualities that will be forever treasured. 80, a member of the Benedictine Sisters Revered locally, regionally and nationally ‘‘With an incredible ability to remember of Annunciation Monastery, Bismarck, as a true servant-leader for living the Gospel names and faces of almost everyone she met, and president of the University of Mary of Jesus, the 80-year old Welder cared for the Sister Thomas was always focused on the Christ-like development of all University of person directly in front of her,’’ added for 31 years, passed into eternal life Mary students and the well-being of all fac- Kunze. ‘‘Her attention to the details of daily June 22, 2020, at the monastery, fol- ulty, staff, and her beloved Sisters of Annun- lives and family members of those she met lowing a recent diagnosis of kidney ciation Monastery. would be recalled in future encounters. Stu- cancer.

VerDate Sep 11 2014 06:16 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.008 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3190 CONGRESSIONAL RECORD — SENATE June 24, 2020 ‘‘A graduate of St. Mary’s High tening to the person right in front of Health and MDU Resources Group,’’ a School, she joined Annunciation Mon- her.’’ Fortune 400 corporation. astery after a year of college in Min- In fact, in a TED talk she did for ‘‘She received numerous honors dur- nesota. Attracted by the community TEDx on TV about, I think, 3 years ago ing her lifetime including North Dako- and prayer life of the sisters, she felt or so—she was speaking to a lot of ta’s highest honor, the Theodore Roo- God’s call to become one of them. As a young people, of course, at this TED sevelt Rough Rider Award.’’ novice, she was given the name of Sis- talk and was talking about She earned them all. She earned ter Thomas. She made her monastic connectivity, and she was speaking to them all. In fact, whenever she was profession on July 11, 1961. Sister the issue of monastic life and commu- complimented—which was often, as Thomas cherished Benedictine monas- nity and the stability that comes from you might imagine, when you know as tic life which she lived faithfully for 59 being grounded in a community, while many people as she knows and have ac- years.’’ also talking about—not criticizing, complished as much as she accom- I recall a speech—or an interview— mind you; she was rarely critical—but plished—she always, as I said earlier, once at an event. In fact, I think it was speaking of the challenges of the dig- deflected her accomplishments and during her retirement. She was asked ital era. She said this: ‘‘The challenge gave someone else credit. about monastic life. She was asked: is to be fully present to those around She said this in an interview once What is it that grounds you? Where is us. The challenge is to be fully present when confronted with her many accom- it you get your inspiration? to those around us, to engage face to plishments: ‘‘I have always been She said: ‘‘My wellspring are the Sis- face with one’s child, with a colleague, blessed with the sense that I can do ters of Annunciation Monastery.’’ with a neighbor. . . . ’’ and she went on only what I do with the guidance and Skipping down a little bit, her obit- to say ‘‘even that person who may not the help of the Spirit.’’ Think of that. uary reads: ‘‘A dedicated servant lead- be in our circle of friends.’’ All that she accomplished—she takes er’’—and we will speak to that in a lit- See, she didn’t just speak to this no credit but credits the fact that she tle bit—‘‘she gave her life to the Uni- value of being present; she was present. was blessed with the sense that at least versity of Mary for 57 years. She led She was the epitome of always being she was aware that the Spirit was the from her heart and touched the lives of present. In fact, her humility caused one that was guiding her. many. She was president from 1978 to her to always deflect attention away Her obituary also states: ‘‘Sister 2009.’’ from herself and to the person in front Thomas was grateful for many bless- I had the great honor of serving as of her. ings in her life. She was particularly Earlier I mentioned that in the obit- the master of ceremonies at her 30th thankful to two kidney donors who uary it mentions she called the stu- anniversary as president. gave her the gift of life through two dents by name, and this is perhaps the ‘‘Under her remarkable leadership, kidney transplants. She often prayed best example of what I mean when I the school attained university status for and stayed connected’’—con- say she was always present: The Uni- in 1986; tripled in size . . . ; added the nected—‘‘to these special people.’’ versity of Mary had about 3,000 stu- university’s first doctorate, grew on- In that TEDx speech that I talked dents a year by the time she retired. site and online adult learning programs about from about 3 years ago, she was She knew them all by name, and when to 16 locations across the state, re- talking about connectivity, as I said. she would greet students, faculty, gion’’ and the country, and moved the She was challenging them. She said: friends, neighbors, supporters of the school from NAIA to NCAA Division II ‘‘A disconnect from our cellphone or university, she always called you by athletics. iPad makes possible a reconnect with name—but not just you; she asked This is an important line: ‘‘Sister those around us.’’ about your spouse by name, your chil- Thomas was present to students, fac- ‘‘A disconnect from our cellphone or dren by name. We all thought that was ulty and staff.’’ I will elaborate on that iPad makes possible a reconnect with some special spiritual gift—a big brain a bit as well. those around us.’’ with an incredible memory that just ‘‘She attended student recitals and I could share lots of personal stories. automatically recalls people’s names. concerts, cheered at athletic events I am tempted to, but I don’t think that Yeah, she was really smart. She had a and participated in many university would be the tribute she would want. good memory, to be sure. But she She and I made a lot of calls to- gatherings. She called students by didn’t call us by name because she had gether. We went on a lot of road trips name and her genuine caring attitude a great memory; she called us by name together. We spoke at a lot of the same left a deep impression on them. She en- because it was important to her be- joyed getting to know friends of the cause she knew it was important to us. events. I was always grateful when I university whose financial assistance It was a conviction, a commitment could go first. It was impossible to fol- made growth possible.’’ that she had to being present all the low her—an incredible speaker. I went on many fundraising calls time. It was a remarkable thing—a re- One time we were at an event—I with her. markable thing. think I was the emcee, actually—a ‘‘After her retirement as president, Sister Thomas modeled many Bene- local event in Bismarck. She gave one she was named President Emerita and dictine values at the University of of her phenomenal speeches. They all served in the university’s Mission Ad- Mary. We learned them all, all the are. They all were. In the audience, un- vancement Office.’’ time. The six that they highlight there beknownst to me, was the president of I had the great honor of working with are the Benedictine values of hospi- the National Automobile Dealers Asso- her and then working for her after she tality, respect for persons, prayer, ciation. He came up to me afterwards, hired me and then working with her moderation, service—really important, and he said: ‘‘Do you realize that every again as a member of the board of as she called them, gospel values. But year we pay about $50,000 for a speaker trustees and sharing and serving on she didn’t just call them gospel values. at our national annual meeting, and we many boards and committees at the She didn’t just teach them, although have never had one this good?’’ university. she does a lot. I said: ‘‘Well, I could get her to do it Her obituary goes on to say: ‘‘One of By the way, the internet and for less.’’ the most widely known and highly re- YouTube are full of her speeches on He said: ‘‘It is unbelievable. I have spected women in North Dakota, Sister Benedictine values and other values never been this inspired in my life.’’ Thomas loved visiting with people of and leadership, especially servant lead- I would just challenge everybody who all ages and walks of life. People gave ership. has a minute and wants to be inspired her energy. She would focus her entire ‘‘She committed herself to instilling to just do a quick Google search of Sis- attention toward listening to the per- these values throughout the mon- ter Thomas Welder, and you will find a son right in front of her.’’ astery’s sponsored institutions,’’ which video that will inspire you. Boy, do we need that lesson here, Sis- included, of course, the University of Every person I know who ever met ter Thomas. We need you to teach us. Mary and CHI St. Alexius Health. her is better because they did, every- Let me say that again: ‘‘She would ‘‘She served on many state and na- body I know whom she encountered. I focus her entire attention toward lis- tional boards including CHI St. Alexius once brought John Wooden, the great

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.049 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3191 wizard of Westwood, the winningest tinue as we work together to address though there is a lot in common, Lead- coach in NCAA history, to the Univer- the injustices that still persist in our er MCCONNELL provided for the oppor- sity of Mary to give a speech on serv- society, beginning with police reforms. tunity to have that debate right here ant leadership. It was a remarkable As we all know by now, thanks to our on the Senate floor. We could have had time. I sat there, and as I watched friend Senator TIM SCOTT and others that debate in front of the American Coach Wooden—he was 96 years old at who worked with him, we introduced people. I think it might have helped, the time—come up to the stage after the JUSTICE Act to enact real and No. 1, as Senator SCOTT likes to say, Sister Thomas introduced him, I stood lasting reform so we can begin to re- send a signal that we actually are lis- between them and I thought, wow, I am store the broken trust between minor- tening, we hear you, we see you, and we between saints, two of the best servant ity communities and our law enforce- are responding to you—no backroom leaders, who both taught and lived that ment agencies. This package of bills negotiations like apparently what our incredible value. addresses some of the most pressing Democratic colleagues want; rather, an As I said, my heart is heavy. It is changes that Americans have been call- open and honest debate right here in hard not to be sad. Yet Sister Thomas ing for—ending choke holds, better full view of the American people. and I, of all of the things we talked training for our police officers, ac- Our Democratic colleagues refused to about over the many years that I countability for body cameras, more participate in the process and have worked with her and for her, talked diverse police forces, and the list goes blocked us from even considering po- mostly about matters of faith. on and on. lice reform legislation. This ‘‘my way I am not Catholic. I do have a degree We know it wasn’t the only bill that or the highway’’ legislative strategy from the University of Mary. I am on has been introduced in this Senate. Our we have come to expect from our col- their board of trustees. I love the place. Democratic colleagues introduced a leagues is absolutely shameful, and it I love the Sisters of Annunciation Mon- bill of their own, which would address is counterproductive. astery and Sister Thomas especially many of the same issues. While there I remember talking to Rodney because she embodies all that is good are some important differences be- Floyd—George Floyd’s brother—short- about them. But we always talked tween the two, what to me is more im- ly before his funeral, and he said: Sen- about matters of faith. portant is that there was a lot in com- ator, we are from Texas. What we want I will never forget one trip to Fargo. mon, a lot of overlap between those for George is Texas-sized justice. I will never forget, in fact, where we two bills. That should have, in a nor- I said: Rodney, I am going to do my were—sitting in my car, waiting to go mal time, when people were logical and very best to deliver. Unfortunately, even though there in to call on somebody about a gift to reasonable, put us on a strong footing were many of our Democratic col- the school. And we talked about Heav- to begin debating the ultimate product, leagues who decried the cruel and trag- en. She said: ‘‘I think we’re going to be which is what our Democratic col- ic death of George Floyd, when it came surprised at who we will see there.’’ leagues actually asked us to do. A couple of weeks ago, the Demo- time to step up and actually do some- And I thought, yeah, you are probably cratic leader came to the floor and thing about it, they absolutely refused. right. Let me just go over quickly what the She gets the blessing of being there urged the majority leader to bring a police reform bill to the floor to be de- bill would have done as proposed. Sub- first now and seeing who all is there, bated and voted on before July Fourth. ject to amendments and votes, there but there will be a lot of people there When Senator MCCONNELL did exactly would have been multiple opportuni- who know her, and they are looking that, what did they do? As soon as they ties to stop the bill if it wasn’t heading forward to welcoming her and thanking were told they would actually have a in the direction they liked. her for the incredible gift she was in chance to vote on a police reform bill, First of all, this would have made their life. I look forward to the day they changed their tune—a 180-degree lynching a Federal crime. That provi- when I can go and be welcomed by her. change. sion in the bill was actually authored I am grateful for her life. It kind of reminds me a little bit of by Senators HARRIS and BOOKER, but I love you, Sister Thomas. last year’s debacle over the Green New believe it or not, they filibustered and I yield the floor. Deal. After this resolution was intro- blocked their own bill. I suggest the absence of a quorum. duced, a number of Senate Democrats The JUSTICE Act would have ended The PRESIDING OFFICER. The rushed to endorse it, but when given the choke holds and prevented this clerk will call the roll. the opportunity to vote on the resolu- dangerous and outdated tactic from The bill clerk proceeded to call the tion they were praising, what hap- being used in police departments across roll. pened? Not a single one of those indi- the country, but what did our Demo- Mr. CORNYN. Madam President, I cratic colleagues do? They blocked it. ask unanimous consent that the order viduals on the other side of the aisle voted for it—not one. What kind of This legislation would have helped for the quorum call be rescinded. games are they playing here? Senator local police departments improve mi- The PRESIDING OFFICER. Without nority hiring so that the departments objection, it is so ordered. MARKEY, who introduced that resolu- tion in the Senate, even accused the would look more like the communities THE JUSTICE ACT majority leader, who scheduled a vote they served. Our Democratic colleagues Mr. CORNYN. Madam President, I on a bill he was the lead sponsor for— blocked that too. hope today’s events in the Senate will he called it sabotage. This bill would have strengthened not soon be forgotten by the American History seems to be repeating itself the use and accountability for body people. Over the last few months, it is and not—not—in a good way. Our cameras, improved access to deescala- an understatement to say that our friends across the aisle, who have been tion and duty to intervene training, country has experienced unprecedented asking to debate and vote on a police and established two commissions to physical, financial, and social turbu- reform bill, this morning had that op- give us a better understanding of the lence. From the pandemic, to the eco- portunity, but once again, they pulled challenges that need to be addressed in nomic challenges that came on its a 180. the long run. What did our Democratic heels, to the widespread protests Let me be clear on what we were vot- colleagues do? They blocked each and against racial injustice—the needs of ing on this morning. This was not a every one of these things without even our country should have transcended vote to finally pass the JUSTICE Act taking the time to debate. politics. Unfortunately, that does not as is, without any changes or amend- Frankly, it is insulting to the mem- seem to be the case today. ments; this was simply a vote to begin ory of people like Mr. Floyd and others We had been on a pretty good run, debating the bill. You can’t finish a for whom so much empathy and sym- Republicans and Democrats, and put bill, you can’t actually vote on legisla- pathy and concern was expressed that aside our differences to pass bold and tion if you are unwilling to start. And when the time comes to actually do transformative legislation to support that is exactly what happened this something, they come to this empty- our Nation’s fight against COVID–19, as morning. handed. well as ease the ensuing financial fall- Knowing that Republicans and Demo- For weeks, we have watched people of out. I had hoped that trend would con- crats did have some differences, even all races and cultures and backgrounds

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.050 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3192 CONGRESSIONAL RECORD — SENATE June 24, 2020 marching and demanding action. They from the bench. We have had enough of well. Democrats have announced their want to see greater transparency and that. Republicans are stemming this plans to pack the Supreme Court. They accountability. They want better liberal judicial tide that we have lived have announced they will pack the training and education for our police with in the past. We are delivering on Court with Justices friendlier to their officers. They want to know that at the our promise to promote an independent causes. end of the day, the color of your skin judiciary. The standard we all know for the Su- will not determine the nature and out- This concept is key to upholding our preme Court is nine Justices. In fact, it come of an interaction with a police of- Constitution’s separation of powers has been nine Justices since 1869—for ficer. I agree with each of those points, and our system of checks and balances. over 150 years. Yet they want to change and until this morning, I believed Simply put, it is the glue holding our this longstanding precedent by actu- every Member of the Senate did as democracy together. ally increasing the number of Supreme well. But the actions we have seen this The Constitution limits the power of Court Justices, taking it from 9 to 11. morning blocking this legislation, the judiciary. Only Congress makes Some are proposing going to 13 if a stopping us from even debating the law, not the courts. That is not the Democrat is elected President and they bill, offering amendments, trying to way some courts like to operate. The have control of the Senate. make it better—I guess I was giving courts interpret the law as a separate, Let us be clear: Court-packing our colleagues credit, which they clear- coequal, and independent branch of amounts to deck-stacking by the far ly do not deserve. government. That is what the Con- left. The problems that led to the death of stitution tells us. And the judges’ job is Democrats want to regain power, tip George Floyd, Breonna Taylor, and to follow the law, period. Yet, for dec- the scales of justice, and deliver their other Black Americans have not gone ades, Democrats have hijacked the leftwing agenda any way they can. If away, but our Democratic colleagues courts. They have sought to make Democrats win the election, as they have proven they are more interested their preferred policies through some- have threatened, they will pack and in politics than solutions. thing known as judicial activism. stack the Court with impunity. Let the record reflect that this morn- Activist judges have used the bench The stakes in this upcoming election ing, the Senate had the opportunity to to make liberal laws or interpret laws could not be higher. The next President take the first step toward passing re- in a very liberal way. Rather than de- will appoint maybe more than 60 cir- forms that would begin to heal the di- cide cases impartially, liberal judges cuit court judges and possibly another visions and distrust between law en- have a habit of favoring the left. The Supreme Court Justice. forcement and the communities they result has been a slew of radical re- This is about ensuring justice. It is served, and our Democratic colleagues forms. These include promoting oner- about ensuring fairness. It is about en- unequivocally and shamelessly stood in ous overregulation that hurt farmers suring freedom for all Americans. Re- the way. and blocking the President’s efforts to publicans, through today confirming I yield the floor. secure the border. our 200th judge to the courts, are stem- The PRESIDING OFFICER. The Sen- Republicans are replacing these lib- ming this liberal judicial tide. We have ator from Wyoming. eral activist judges with Trump-ap- delivered generational change on the JUDICIAL CONFIRMATIONS pointed constitutional conservatives. bench. We must continue confirming Mr. BARRASSO. Madam President, I These judges are ruling right now all well-qualified judges who will secure come to the floor today to discuss Re- across the Nation. If you ask ‘‘How are our freedoms and our future. publicans’ historic record on con- they making a difference?’’ they are I yield the floor. firming judges and why it matters to doing it by protecting our constitu- I suggest the absence of a quorum. our country. It is because the rulings tional rights, by safeguarding our indi- The PRESIDING OFFICER. The of these judges affect all Americans. vidual freedoms, and by checking un- clerk will call the roll. The Republican-led Senate has seated bridled government power. The senior assistant legislative clerk President Trump’s highly qualified ju- These judges are blocking Federal proceeded to call the roll. dicial nominees at lightning speed. overreach. They are preventing Wash- Mr. INHOFE. Madam President, I ask These judges respect and uphold the ington bureaucrats from inventing end- unanimous consent that the order for rule of law. This week, the Senate less rules. They are upholding pro-life the quorum call be rescinded. marks a major milestone by con- precedent and recognizing the right to The PRESIDING OFFICER. Without firming the 200th—200th—Trump judi- school choice. They are defending the objection, it is so ordered. cial nominee. Second Amendment, securing the bor- S. 4049 The appeals court nominations and der, and protecting our First Amend- Mr. INHOFE. Madam President, on confirmations are especially critical. ment rights, including free speech and Tuesday night, Senator REED and I had These are the circuit courts, and they religious liberty. the honor of filing S. 4049, the 60th an- rank right below the Supreme Court. Above all, Republican-appointed nual National Defense Authorization Their decisions have a major impact on judges are applying the law as written; Act. Think about that—60 years. This our Nation. With the confirmation of they are not making law from the is something we are always pretty con- Cory Wilson to the Fifth Circuit, we bench. This has Democrats worried. fident we will eventually get passed. To have now filled all 53 appeals court va- You have seen it. You heard the com- me, it is the most significant bill of the cancies that existed in the United ments on the floor and around the Na- year, and we have been doing it now States. There is not a single vacancy at tion. Democrats are worried they are successfully for 60 years. It is what we that court level in America. losing control of the courts. consider every year, and we know it is We have changed the makeup of pow- Senator SCHUMER, the minority lead- going to pass because it has always erful appeals courts like the Second, er, is so worried, in fact, that he even passed, but it is also about taking care the Third, the Ninth, and the Eleventh threatened harm to Supreme Court of our troops and defending our coun- circuits. Seven of the 12 U.S. circuit Justices who don’t rule his way. He re- try. courts are now at a point where they cently stood outside the Supreme There is a document no one reads have a majority of Republican-ap- Court, and he yelled at the court build- anymore. It is called the Constitution. pointed judges. ing and the Justices inside. He men- It talks about what our primary re- The 200 judges we have seated rep- tioned Justices by name and said: ‘‘You sponsibility is, which is to defend resent a sea change—a generational have released a whirlwind, and you will America. We are in a much more dan- change in the Federal bench. I remind pay the price!’’ ‘‘You will pay the gerous position today than we have you that these are lifetime appoint- price!’’ This is how the left tends to op- ever been before, so I think it is fitting ments, so they will decide cases for erate: intimidation. Do what we say, that we are doing this ahead of the decades. give us control, and then the intimida- Fourth of July, our Nation’s birthday. Let me assure people who are tuning tion will stop. We wouldn’t have our freedoms with- in today: These judges will apply the They are threatening the independ- out our men and women in uniform law as written. They will not legislate ence of the judiciary in other ways as from the past and present, and that is

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.052 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3193 who we are dedicating this to. They are ing well, and it has already given the bipartisan basis. That is a big deal, and the beneficiaries of what we are doing Members time to participate. it is not a legacy we take lightly. I as we are the beneficiaries of what they I will put this a different way. The have been privileged to participate in are doing. bill includes nearly 600 requests for this process as a member of the big It is why we can all come together amendments from the members of the four. I will tell you how that works. and finish this bill by next Thursday, I Armed Services Committee and almost We do our bill, and the House does its would still like to say, even though 200 requests from Senators who are not bill. We go to conference, but we are there is opposition to this. I say that on the committee. They are the ones still not able to get together, so they because it would be the last day before who have put this bill together. With take the big four, which constitutes the recess that is coming up, the the Members’ input already in there, I the ranking Democrat and Republican Fourth of July, and I think it would be am confident that we have a solid bill in the House and the ranking Democrat good if we could do it that way. There that reflects the needs we have and and Republican in the Senate, and the is a reason for that, but we are also re- that it will not be as necessary to have four of us sit down and get it done. We alistic, and we are not sure we are more amendments since that is what have done that several times in the going to be able to do it, but we are we have already done. past. It is the stopgap. It is the one last going to make every effort to do it. If we want to finish this bill by the thing that we have to do if we are not One thing about working with my end of next week, we will need to reach able to do it any other way. partner over here, Senator REED, is a unanimous consent agreement before Every year, we are told there are that we have always operated in a very this Friday. I understand there may be things we can’t accomplish. Every cooperative manner, and we have sup- an objection to this that could happen, year, we are told there is no way we ported each other. He answers to his or there could be a change of mind. It can find common ground. All of this Democratic friends, and we bring them is still my hope that this will take happens, but, always, we do it, and our together because of the relationship place. There is a reason for that, too, grand, bipartisan tradition continues that we have on this committee. So I in that the House will be working on just, as it will this year. The reason is think there is always a possibility we its bill right after we come back from simple: Failure and, worse, failure on can get this done. the recess. We are just running out of the backs of our servicemembers is just Both Senator REED and I would like time, so we need to get this started. not an option. to use an open amendment process. We are putting in the managers’ While we are doing this, what I will This is a process that would allow for package a bipartisan set of amend- remind everyone is that our military all of our Members to come in and do ments that we can all agree on. I ask was hurt pretty badly under the pre- what they have to do and do what they all of our Members to get those in by vious administration. I always admired want to do with regard to things they this coming Friday. Even with that, it President Obama. He had a different want to have in the bill. We were not is going to be necessary for the staff to agenda, and consequently we had some able to do that over the last couple of work all the way through the weekend problems. I would say this: In the last years because we had objections. to put it in position. We know we want 5 years of his 8-year administration— One thing about the Senate is that to complete the first managers’ pack- that would be from 2010 to 2015—our de- everything operates on the basis of age, so the amendments will have to be fense spending dropped by 25 percent. unanimous consent, so if we have filed. Keep in mind that Senator REED That has never happened before, and someone who objects, we are unable to and I have that as a deadline for get- we have been working to rebuild since do it. Hopefully, that will not happen ting those amendments in. then. We are not quite there yet, but again this year, and we will be able to In recent years, we have been able to we have made great headway. It is easy use the open amendment process. consider many amendments on the to cut our military, to reduce readi- In having said that, it is not going to floor. As I said earlier, I hope we will ness, to slow down production, and all be nearly as significant this year be- be able to do that again, and it may or of that, but it is harder, not to mention cause what we did in this year’s bill is may not happen. If a Member has an slower and more costly, to rebuild it. to have actually made an appeal way amendment and wants to debate it on That is what we are in the middle of back in February to our Democrats and the floor, we also need to know that right now. Republicans, not just to those on the the Member desires to have a debate so So that is what this is all about. It is Armed Services Committee but to that we can work that in. a significant bill, and it is something those in the entire Senate. This last Lastly, as Members are working we work on all year long. Then it February, we said: Start getting your through their amendments, please be comes time for it to come to the floor, amendments ready. Don’t wait until thoughtful that we shouldn’t get which is where we are now. the last minute. Get them out there so bogged down with a lot of amendments I have to say this: I can’t think of we can talk about them and prepare that have nothing to do with national anyone I would rather have as a part- them for ultimate votes. So people ac- defense. This is the NDAA, the Na- ner than Senator REED. Senator REED tually started. They were warned at tional Defense Authorization Act. We and I have worked together for many that time that we didn’t want to wait should be talking about military. Yet years, and we have a way of getting until the last minute to do this. This is one of the things that is characteristic along with each other and of coming to the first time we have been able to suc- about this is that, for as many years as conclusions and the right decisions. It cessfully do this. I have been here and since this is the has been an honor for me over the Of all of the items that are in this one bill that is going to be a must-pass years to have worked, as we are this bill—this bill that I consider to be the bill and a must-pass bill this year, the year, with Senator REED. We are going most significant of the year—40 per- people who were not able to get their to get a good bill done. cent of the input came from our Mem- bills in or amendments in on other bills I yield the floor. bers of the Senate, and 40 percent of it wait until this comes along and try to The PRESIDING OFFICER. The Sen- came from the administration and the do this with amendments. I am dis- ator from Rhode Island. Pentagon, so that all of those things couraging that from happening, and I Mr. REED. Madam President, I rise have already been treated once. Now, I hope that it doesn’t happen. What is to join my colleague and chairman, have been around here long enough to most important here is that we take Senator INHOFE, to discuss the fiscal remember when that 40 percent wasn’t care of our men and women in uniform. year 2021 national defense authoriza- 40 percent—it was about 6 percent. We That is what it is all about. They are tion bill. didn’t get the input of the Members all volunteers, and they are deserving I begin by thanking Senator INHOFE like we do today. We just operated dif- of our support. for his leadership in ensuring that we ferently at that time. This is the third Again, my message to Members is to had a bill to consider this year. This year that I have been involved in this get their amendments filed as soon as was an extraordinary year. Social when we have been able to get a higher possible. As I noted, this is the 60th an- distancing just began as the Armed percentage of input from the Members. nual NDAA. For the last 59 years, Con- Services Committee was finishing our I think that is something that is work- gress has always passed an NDAA on a hearings and getting ready to go into

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.054 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3194 CONGRESSIONAL RECORD — SENATE June 24, 2020 the markup for the national defense we had a very good day of discussion loved North Dakotan, Sister Thomas authorization bill. Despite the uncer- and debate, and the bill was adopted by Welder. tainty, the unusual challenges—the the committee with a strong bipartisan I know the Presiding Officer knew logistical challenges particularly—Sen- vote of 25 to 2. This legislation is com- her very well and just a little bit ago ator INHOFE ensured that the bill was ing to the floor with overwhelming bi- spoke about her here on the Senate written and that the markup was held partisan support, and as the chairman floor, and that is so appropriate. She on schedule. He should be commended indicated, one reason is that he solic- was such a wonderful person, and we for this accomplishment. It is a tribute ited the input of all of the members. both are so very fortunate to have to his leadership, to his wisdom, to his We and our staff tried very vigorously known her and to have had time with common sense, and to his common de- to incorporate those proposals and her, to have learned much from her. cency. ideas of all members, and at the end of She is truly somebody who I think So thank you for that, Mr. Chairman. the day, it was a strong, overwhelming epitomizes the term ‘‘servant leader.’’ I also want to take a moment to vote. Sister Thomas Welder was somebody thank the staff. Both the chairman and But even though we did consider, as who for me was a friend and a mentor I operate under the same rubric: They the chairman said, hundreds of dif- in so many different ways, it is hard to do the work, and we get the credit. It ferent proposals by members of the recount, and also for my wife Mikey. works for us—their work for us. They committee and Members of the Senate, Sister Thomas Welder dedicated her do a superb job. They found ways to there are still issues that will come be- life to the University of Mary and the draft the legislation. Yet they, too, fore us. That is why, on the floor, I students, and my wife Mikey is on the were disrupted. Their work spaces were hope we will have, as the chairman in- board of trustees at the University of separated, and many had to work from dicated, an open debate, that we will Mary, so Mikey and Sister Thomas home. So this has been an extraor- consider amendments—hopefully do so worked together for many, many years dinary achievement, and it is a tribute under reasonable time constraints so and share an unbelievable bond as well. to their commitment, to their profes- that we can get a lot done—and then, I am not even sure how long Mikey and sionalism, to their skill, and to their at the end of a vigorous debate, be able I have known Sister Thomas; it has collaborative, bipartisan effort. I thank to vote for a bill that will advance the been many years. We have seen her in them for that. welfare of the men and women who so many different capacities and so As the Senator, the chairman, has serve and advance the common defense, many different ways, but without fail, said and emphasized several times ‘‘bi- which is our constitutional responsi- she was an inspiration—an inspiration partisanship.’’ This has been the hall- bility. for both of us and frankly an inspira- mark of this legislation for many, Again, I thank Senator INHOFE and tion for anybody who ever met her. She many years. We recall colleagues, look forward to the consideration of truly was one of the most exceptional, going back to John Warner and Sam this bill. amazing, wonderful people I have ever Nunn and others, who had the attitude Mr. INHOFE. Madam President, let met. She was certainly a person of in- that ‘‘we have to work together.’’ me just make one other comment. credible faith, and she lived her faith, Senator REED talked about the staff Again, let me give the chairman credit and she provided that to others, cer- and what the staff has done. When I for preserving that attitude, for insist- tainly in her words but in her deeds talk to people back in Oklahoma about ing upon that attitude, and for really and in her spirituality, in the way that how hard a lot of these people work, getting, I think, the best out of the she handled herself, in her spirit and they think of people in government as committee because of his example and compassion, and it affected everyone not caring to really spend the time and of his setting a tone. she met. Everyone she met felt that ra- make the effort. We have differences in the bill, but diant glow and reflected it back be- I mentioned a minute ago that our cause it was so powerful within her. we are strongly behind this effort. One staff is going to be working all this of the things that I think we have been She was a member of the Benedict next weekend, and they have been Sisters of Annunciation Monastery and able to do is to figure out what might working every weekend, that I can re- faithfully lived the monastic life for 59 be a point of difference and that, if it member, to get this thing done. years. comes to down to it, we take a vote, There are two people in particular— From 1978 to 2009, she served as the and we move on, and we get the bill John Bonsell and Liz King. Liz King is president of the University of Mary and done. That is what we did this time. We the top adviser and manages things for was, as I say, beloved by students and look forward to being on the floor and Senator REED, and John Bonsell has faculty. Under her leadership, the uni- to doing the same thing—taking done the same thing for me. He actu- versity did amazing things. amendment proposals from our col- ally was my MLA many years ago. I think for a time the Presiding Offi- leagues and trying to deal with them. When you see how hard they work and cer worked there at the University of If we can include them in the bill their long hours—early in the morning Mary during her tenure as president of unanimously, that will be great. If we until late at night and then on week- the school. She grew the enrollment—I need a vote, I hope we can have debate ends—I just really want to say, not just think tripled the enrollment. and get a vote. of those two individuals but of the peo- She was a gifted leader, an inspiring We all understand that the bill pro- ple they have working for them, that I leader. She led by example. I think one vides the Defense Department with the have never seen a harder working of the most amazing things about her— resources it needs, particularly to en- group. Their job, I guess—I say to my a story you hear about over and over sure that the men and women who de- friend Senator REED—is to make us again; people marvel about it. When fend us have the resources they need look good, but they are the ones who she originally came back after her not only to fight the fight but, when do the work. schooling at the University of Mary, they return, to have a quality of life I yield the floor. she taught music, but she eventually with their families themselves that is I suggest the absence of a quorum. became president of the university. in keeping with their sacrifice and The PRESIDING OFFICER. The Even after she was president of the uni- their service. This bill does that. It clerk will call the roll. versity and Monsignor Shea became also funds at the caps set under the re- The senior assistant legislative clerk president of the university, she stayed cently enacted Budget Control Act of proceeded to call the roll. and continued to work with the univer- about 2 years ago, so we are providing Mr. HOEVEN. Mr. President, I ask sity and the students. the much needed stability the Depart- unanimous consent that the order for One of the amazing stories that peo- ment needs. It will include many items the quorum call be rescinded. ple would talk about and marvel at is that benefit the families and military The PRESIDING OFFICER (Mr. how she would go on campus and she members, and I will go into those de- CRAMER). Without objection, it is so or- would meet all the students. So she got tails later in our discussion. dered. to know them all, thousands of stu- Now, 2 weeks ago, the committee REMEMBERING SISTER THOMAS WELDER dents. She knew all the faculty and ad- took up the bill in the markup. Again, Mr. HOEVEN. Mr. President, I rise ministrators and that kind of thing be- under the leadership of the chairman, today to honor an influential and be- cause they were there all the time. But

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People would marvel ership have been an inspiration to countless my colleagues on the other side not only that she was able to do that, individuals, students, entrepreneurs, and wouldn’t even entertain a debate on an but she never seemed to forget a name. business and state leaders. Envisioning the issue that has stirred our Nation and You have to remember, there are thou- University of Mary as the Nation’s premier shaken it to its core. institution for the preparation of servant We know why we are here. There was sands of students, and they are there leaders, Sister Thomas promotes com- for a while, and they move on and more petence, communication, commitment to a murder of a citizen in Minneapolis— come in. values, and service to community. Her George Floyd. There have been peace- It is one thing to know the faculty strong belief in the ability of an individual ful demonstrations all over the country and administrators and those kinds of to go into leadership through service is an since then, and Congress’s time to re- things and people who are there year in example for North Dakota and the nation. spond probably—probably should have and year out, but think about the flow There is a lot more, but those were responded years ago, but this has of students coming through, and to some of the things we put in there to brought to a head that we need police know them and know them by name— try to capture who she was, what she reform. I think it is not only a testament to did, and what a difference she made in Yes, we are in the world’s greatest her but a testament to the University the lives of so many. deliberative body, we are told. The of Mary, where they really make those As I say, I don’t know that I ever met Senate’s legacy and prestige are built young people feel special and feel that anyone who didn’t immediately like on our ability to debate and discuss they are an individual who is some- her, but it was more than that. I mean, legislation, to address the most press- body, who has worth. They are not just there are a lot of people who are like- ing issues before our country. My col- another student at the school; they are able, affable, and amiable. She was all leagues on the other side have robbed somebody special. She made them feel of that. She was very, very likeable. the American people of the opportunity special because she knew them, she She had a great smile, good wit, and to pass meaningful police reform. took time to talk to them. She always good humor. She was a really good On the other side, they argue that had time to talk to them. She had a lot speaker. She was always very prepared, the JUSTICE Act doesn’t go far enough of important things to do, but she al- always had a good message, and was and that their version of police reform ways took time to talk to them and well-spoken, but she had a great smile is the only bill worth considering. All make them feel appreciated. and a ready laugh, and she imme- the brains in the U.S. Senate are on When we think about sending our son diately made people feel comfortable. the other side of the aisle, is more or or our daughter off to school, that is You could see how she would lean in less what they are saying. I want to re- certainly something we would want, is and gaze in on them and just start to mind them that we live in a country with diverse ideas and varying opin- when they go to that school, there is say: Tell me about you. Give me some ions. Debating those differences is the somebody there who says: You are an of what you are, A little bit of what is only way to make meaningful reform. individual. You are unique. You are your spirit, what moves you, what special. You are not just a number, but Democrats complain that their views makes you. What are you interested weren’t represented in this bill. Well, you are here, and I appreciate you, and in? What do you like? How are you feel- I am here for you. the JUSTICE Act contains a number of ing? That is what she did for those stu- proposals that actually have bipartisan She just did it naturally. dents—not just when she was president support. Even if that wasn’t enough for I just, again, can’t think of anybody but even after she retired as president. them, every Democrat would still have who ever met her and didn’t come away That is what she did because that is an opportunity to make additional saying: You know, I like her, but she is who she was. changes. special. She made me feel good. She That is just one story, but that is On our side, Senator TIM SCOTT of part of her special gift—her special made me feel good. She seemed inter- South Carolina led this effort for all of gift—and she gave it to everybody. She ested in me. She is genuine. She cares. us. Forty-six of us are joining him. I gave it to everybody. She gave that She made an impact on me. hope the other seven will join in as gift of her time, attention, compassion, They remember her, and it was posi- well. But that is just Republicans, and and spirituality to everyone. I don’t tive, and it was strong. this is a bipartisan bill—presumably know that I ever saw her in any setting Mikey and I extend our deepest con- not bipartisan enough to satisfy the where that wasn’t exactly what she dolences to her loved ones, and when I other side but still bipartisan—and was doing. That is why I say she did say her family, she had a huge family they wouldn’t let us move ahead. epitomize that concept of servant lead- because everybody she met was basi- Senator SCOTT made clear when the ership. cally her family, all those kids and all bill was introduced last week that he As Governor, I was privileged and those students. We want to express our was interested and willing to discuss honored to award Sister Thomas the sincere appreciation for her lifetime of changes. Leader MCCONNELL pledged an Theodore Roosevelt Rough Rider service and her commitment to her open amendment process. Even Speak- Award. That is our highest recognition community and her commitment to er PELOSI noted that she welcomed the in North Dakota. That is the highest God. Sister Thomas was patient, Sister opportunity to conference the Demo- award we give. As part of it, we then Thomas was wonderful, Sister Thomas cratic House police reform bill with hang the individual’s portrait in our was beloved, and Sister Thomas will be Senator SCOTT’s JUSTICE Act. State capitol, and along with the por- missed very, very much. God bless her. Instead of letting our time-honored trait, there is also kind of a bio that is With that, I yield the floor. legislative process work, my colleagues right there so that people going to the The PRESIDING OFFICER. The Sen- sent a letter calling the JUSTICE Act North Dakota State Capitol can see the ator from Iowa. ‘‘unsalvageable.’’ Let’s remember— people from across our State who are THE JUSTICE ACT these are the same Senators who in- inspirational leaders. The pictures are Mr. GRASSLEY. Mr. President, sisted that the Senate consider a police a montage, so that you put up things in today my colleagues on the other side reform bill before the July recess, their life. of the aisle voted to block consider- which starts next week. Now that they In the case for Sister Thomas, she ation of the JUSTICE bill. This hap- are getting what they asked for, they went to the University of Mary there, pened to be the first major piece of po- say they don’t want it anymore—at and they can see and get a visual sense lice reform legislation in years. least that is what their vote tells me of what the person looked like, the im- To be clear, this vote wasn’t a vote today. portant things they did, and then we to pass the bill in the Senate. It wasn’t My question is, What are they afraid have a bio that goes with it. even a vote to limit debate on police of? Are they afraid of losing control of

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.057 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3196 CONGRESSIONAL RECORD — SENATE June 24, 2020 the process if it goes to a vote? Well, been an evergreen issue. George It also is reasonable to question the then, they are afraid of democracy. Floyd’s murder was the spark that ig- extent of President Obama’s and Vice They are afraid of the American people nited a national outcry. We must rise President Biden’s knowledge about who elected each Senator in this body to the occasion. We cannot let elec- Russia and the Flynn investigation. I and trusts each Senator to represent tion-year politics and differences of give this to you as an example. We them by voting on legislation. opinion prevent us from even dis- know that on January 4, 2017, the same Are they afraid that their ideas won’t cussing how best to improve justice day that Strzok allegedly wrote the be adopted? The JUSTICE Act has and safety in our community. meeting notes, the FBI wrote a closing many similarities to the Justice in Po- FLYNN INVESTIGATION memorandum on Flynn, who was code licing Act. We want to find a way for- Mr. President, I will speak just a named ‘‘Crossfire Razor’’ by the FBI, ward on a bipartisan basis. If ideas short period of time on another issue that said the intelligence community have merit, they will have to be voted that was resolved today by the DC Cir- could find no derogatory information on and be included. cuit Court of Appeals. Finally, justice on him. Are they somehow afraid that if we has been done to a person that has been So they couldn’t find any derogatory make progress, it will be perceived as very unjustly treated, a person by the information on him, a person who had giving the President and his party a name of Lieutenant General Flynn, served in the military for 33 years, got out as a lieutenant general, and was win? I have been around here long who served this country 33 years in the going to be the National Security Advi- enough to know that in an election military. year, it gets harder and harder to get Today, the U.S. Court of Appeals for sor for this new administration. They things done because neither party the District of Columbia ordered the could find no derogatory information, but for the next 31⁄2 years, he has been wants the other to get any credit for district court to grant the govern- fighting for his freedom. Then, on that anything or have an advantage. But on ment’s motion to dismiss the Flynn very same day, January 4, 2017, the FBI an issue as important as this, it is the case. Remember, this has been going on was ready to close this Flynn case— height of cynicism and hypocrisy to for almost 4 years. probably based on the fact that Comey prevent progress to gain political ad- I am pleased the appeals court upheld said that all this connection between vantage. what it rightfully called ‘‘clearly es- Flynn and the Russian ambassador was I am reminded of a Scripture: ‘‘For tablished legal principles.’’ The appeals probably legit. what shall it profit a man if he shall court said that the first ‘‘troubling in- But that doesn’t matter to somebody gain the whole world but lose his dication’’ of the district judge’s ‘‘mis- by the name of Strzok, who was kind of soul?’’ taken understanding’’ of his role was leading all of this. He asked another The American people expect better. I to appoint a former judge, and now a FBI agent: ‘‘Hey if you haven’t closed know that my fellow Iowans expect private citizen, to argue against the Razor don’t do it yet.’’ The case was better. Frankly, I expect better as well. government’s proposal to District still open at the moment and Strzok I hope my colleagues reconsider their Judge Sullivan to dismiss the Flynn asked that it be kept open ‘‘for now.’’ obstruction and let us get on with case. Remember, the reason for that Strzok then messaged his lover, Lisa crafting a bipartisan police reform bill. was that he was mistreated in the first Page, saying that Razor still happened I know my colleagues on the other side place. to be open because of some oversight share our desire to deliver for our con- As the majority opinion said: ‘‘The and said to her—I don’t know whether stituents. I don’t doubt their sincerity court has appointed one private citizen this is tongue in cheek or whether it about wanting to address inequities in to argue that another citizen should be was real serious, but he said: ‘‘Yeah, the communities or unfairness in polic- deprived of his liberty regardless of our utter incompetence actually helps ing. I don’t doubt they would have had whether the Executive Branch is will- us.... ’’ legitimate ideas on how to improve ing to pursue those charges.’’ So what is helping us? It seems like this legislation if it had come before The DC Circuit is ordering an end to any excuse to keep going in getting the Senate. But at the very least, we this charade, and let Lieutenant Gen- Flynn. At that point, we all know the can’t accomplish any of those things eral Flynn get back to his life and his case should have been closed, but 31⁄2 unless we start debate. family. Remember, this is a case where years later, it is just solved by a deci- We have done it before on other we set up—and you saw the emails sion of the DC Court of Appeals. So, in- issues. Only 18 months ago, this Cham- from people that were going to pros- stead, even in light of Comey appar- ber passed the FIRST STEP Act, the ecute him. Is this to get him fired—to ently saying that the calls between most significant criminal justice re- get Flynn fired? Or is it to get him Flynn and the Russian Ambassador ap- form bill in a generation. That was a prosecuted? That is how open it was, pear legit, President Obama—still strong bipartisan bill. It wasn’t easy, but we didn’t know about that until a President of the United States—di- but Senator DURBIN and I and Demo- few months ago. rected Comey to ‘‘look at things’’ and crats and other Republicans in addition So, today, Flynn’s legal team re- make sure ‘‘the right people’’ inves- to the two of us found a path forward leased Strzok’s notes regarding a meet- tigate it. and are giving thousands of Americans ing between Obama, Biden, Comey, That has kind of been questionable, a chance to improve their lives when Sally Yates, and Susan Rice. These the extent to which President Obama they leave prison. notes appear to show several important was involved in this, but it seems like I am frustrated that the Senate can’t things. The first one is, Comey said the those quotes make it pretty clear. And consider this JUSTICE Act, but I Flynn calls with the Russian Ambas- then, at this very same conversation, promise Iowans and the American peo- sador ‘‘appear legit.’’ Two, President Vice President Biden chimed in as well ple that this partisan exercise doesn’t Obama ordered Comey to ‘‘look at by bringing up the Logan Act, which represent my last hope for meaningful things.’’ Three, President Obama di- was used as a pretext to interview change. I stand ready to work with any rected that ‘‘the right people’’ inves- Flynn weeks later. Mind you, all of Democrat or any Republican on the tigate Flynn. Four, Vice President this happened after the election. Now issue of police reform, and, for sure, I Biden appeared to raise the Logan Act. people are raising questions about: am not alone in the willingness to do Those four things lead to these ques- Why are you worried about things that that. tions. Well, if it was legit, then, why happened 3 years ago? An injustice was In fact, at the Judiciary Committee, ‘‘look at things’’? If it was legit, why done to Flynn, and if you let people just last week, the issue was police use would Biden mention the Logan Act? run wild over the freedoms and lib- of force and community relations. At These notes raise legitimate questions. erties of the American people, if it can that meeting, Chairman GRAHAM indi- For example, did President Obama and happen to a lieutenant general, it can cated that he wants to hold more hear- Vice President Biden deliberately take happen to anybody else, and we saw it ings on this issue. steps in the final hours of their admin- happen to George Floyd. He was mur- So I urge my colleagues on both sides istration to undermine the incoming dered because of justice and the con- of the aisle not to let today’s vote be administration? It sure looks like that stitutional rights of people not being the end of the story. There is and has is what they were up to. followed.

VerDate Sep 11 2014 06:16 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.058 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3197 So then we have the incoming Trump It is a system of a lot of different em- mittee on Solvency of Multiemployer administration and all this going on, ployers coming together and providing Pension Plans. It was a 1-year com- having no idea that Obama, Biden, a pension under one union typically. mittee. It was House and Senate, Re- Comey, and Strzok were busy setting This system now comprises over 1,400 publican and Democrat. We were sup- the stage for what would become a plans covering 10.8 million participants posed to get to a solution for this prob- multiyear struggle to show that Trump and their families. Unfortunately, it is lem before it gets worse, and we spent didn’t collude with the Russian Gov- on the verge of collapse. The system is countless hours trying to do that. I ernment—so much for a peaceful tran- underfunded by more than $638 billion, spent countless hours in meetings with sition of power from one President to and that figure has probably increased beneficiaries, retirees, spouses of another and from one political party to significantly due to the coronavirus theirs. another. It was something that for 240 epidemic and the resulting impact on Ohio was one of the States hardest years we prided ourselves in, but not in the economy. hit. I have heard their stories about this case. Ever since the election, No- On top of that, there is the Federal how years of mismanaged pension vember of 2016, think of all the things entity that ensures these pensions. plans have put them on the hook for that have been done to get Trump out Pensions are sort of a guaranteed ben- unthinkable cuts in the pensions they of office, and it started even before he efit, so-called, but they are guaranteed just assumed were going to be there. was sworn in. in a sense because they are insured by Let me spell out how precarious this Well, thankfully, the DC Circuit a Federal entity called the Pension is for my home State of Ohio. We have stepped in to restore a bit of justice Benefit Guaranty Corporation. That over 60,000 active workers and retirees after the government’s multiyear cam- PBGC for the multiemployer program in multiemployer pension plans at im- paign to destroy Flynn’s reputation. is projected to become insolvent in less mediate risk of becoming insolvent— The FBI and the Department of Jus- than 5 years. Over 1.4 million workers probably more than any other State in tice’s actions to frame an American and retirees are in plans already in the country. Many of these Ohio plans citizen, drag that citizen into court, what is called ‘‘critical and declining have already been forced to drastically setting him up to plead guilty to lying, status,’’ meaning they are facing ben- reduce benefits, by the way, including and then doing everything they can to efit cuts of over 90 percent. So that is the Iron Workers Local 17 Plan in cover up their transgressions should the problem. never happen and should never have This chart can sort of show it to you Cleveland, the Southwest Ohio Re- happened either. Let’s all hope it never here. These are the assets at the start gional Council of Carpenters Pension happens again. of the year—2019, 2020, 2021—and this is Plan, and the Toledo Roofers Local 134 I yield the floor. what happens. The assets go down. The Pension Plan. I suggest the absence of a quorum. liabilities go up. This is the financial Some are already insolvent, like the The PRESIDING OFFICER. The assistance provided to the various Teamsters Local 116 of Cleveland Pen- clerk will call the roll. plans. So, as you can see, the green is sion Fund, so for some, unfortunately, The bill clerk proceeded to call the this insolvency has already happened. roll. only going to last until 2025. And, Mr. PORTMAN. Madam President, I again, with the new economic numbers, The Central States Pension Fund, ask unanimous consent that the order that will be exhausted even before which is the single largest plan that is for the quorum call be rescinded. that, which creates a real problem for in this critical and declining status, is The PRESIDING OFFICER. Without those plan participants or retirees, for projected to become insolvent in 2025— objection, it is so ordered. the companies that are going to have the same time the PBGC is because PENSION REFORM huge new liabilities—and some of them when it goes under, PBGC goes under; Mr. PORTMAN. Mr. President, I am will not be able to handle it and will it is that big. They have 44,000 partici- here to talk about a complicated but not be able to stay in business—and for pants in that plan in Ohio—again, more really important issue, and it is one our economy, because that will then than any other State. The majority of that Congress and the administration have a contagion impact on the entire Central States’ retirees are veterans, needs to address before it results in a economy. by the way, according to the National devastating financial impact on mil- So those workers who are expecting United Committee to Protect Pensions. lions of retirees, raises costs to thou- to have the benefit because they are They receive about $360 million in an- sands of businesses, some of which are still working and those retirees who nual benefits from their pensions. By going to go insolvent—bankrupt—un- are facing these cuts are looking to us the way, that money goes right back less it is dealt with, and an issue that to come up with a bipartisan solution into the economy. They spend it. can harm the overall economy if it is to address this crisis that faces the Unfortunately, years of bad Federal not dealt with. multiemployer pension system and the policy with respect to funding and The Presiding Officer has been very PBGC. They are counting on us to put withdrawal liability rules, losses on involved in this issue, and I hope oth- in place commonsense reforms to en- risky investments, and failure to take ers will bear with me as we talk about sure that these hard-earned pension proactive action have brought many of it, because it is complicated, but it is benefits will be there for workers and these pension plans to the brink of in- really important. I am talking about retirees during their retirement. solvency. The result is that these hard- multiemployer pension reform, and as A lot of these workers will tell you working Ohioans in Central States face anyone who is working on this problem that they didn’t take the pay increases pension cuts of over 90 percent if no ac- can tell you, it is something that we or they didn’t take the healthcare ben- tion is taken. That is unacceptable. We cannot ignore. efits the size they wanted in their col- can’t let that happen. Briefly, a multiemployer pension lective bargaining because they bar- plan consists of multiple different com- gained for this, which was the hope of By the way, it is not just a retire- panies. Usually, employees in a single having a pension—a guaranteed, de- ment security issue, as I said earlier; it union pool their assets together, and fined benefit pension—and now they is a jobs issue. The multiemployer pen- they provide a defined benefit pen- are seeing the possibility that that sion system consists primarily of sion—the old-style pensions, a guaran- could result in a 90-percent cut in their smaller businesses that face uncer- teed pension, so-called—to cover work- benefits. tainty and a higher cost of doing busi- ers and retirees. These plans are joint- Over the past several years we have ness due to the liability they will face ly administered, then, between the been working on this, I have been in- called withdrawal liability. unions and the employers as trustees, volved with it. I have been working on More than 200 small businesses are in who determine the benefits and the em- the Finance Committee, which is the Central States alone in my home State ployer contributions based on the col- committee here in the Senate that has of Ohio—200 businesses that face huge lective bargaining process and subject responsibility for this issue. withdrawal liabilities, many of which to whatever statutory funding require- In 2018—so going back 2 years ago are much bigger than the book value of ments there are that we provide here in now—I was participating in hearings as the company, meaning, of course, that the U.S. Congress and through law. a member of the Joint Select Com- they are not going to make it.

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.059 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3198 CONGRESSIONAL RECORD — SENATE June 24, 2020 In fact, if a systemically important framework for reform while serving on tlement spending. This has to be some- plan like Central States were to be- this Joint Select Committee on Sol- thing that solves the program long come insolvent, contributing employ- vency of Multiemployer Pension Plans. term. We can’t put in place a partial ers face the risk of being assessed un- I think that framework can effectively solution that will require Congress to planned withdrawal liabilities that will address the crisis. We called it the bi- come back again and again in the fu- result in a wave of bankruptcies and a partisan framework. It would have pro- ture. Unfortunately, the House Demo- contagion effect across the economy as vided PBGC enough resources to pre- crats’ plan fails to achieve this. plans with overlapping contribution vent its own insolvency and put in In my view, any plan we make to re- bases also fail. It will not just be that place structural reforms to the funding form the multiemployer pension sys- plan; it will be other plans as well be- rules and the way plans are governed tem has to adhere to three main prin- cause the companies pay into different to ensure a long-term solution going ciples: plans. forward. No. 1, we do need shared responsi- Even if they are not assessed with- Unfortunately, the joint committee bility to address the immediate crisis. drawal liability, employers will be was not able to reach final agreement We should not pass a legislative solu- forced then to make contributions into on these reforms, and therefore we tion where the bill is entirely footed by an insolvent plan, making those com- weren’t able to stabilize the PBGC and taxpayers. Employers and participants panies not competitive in the labor put it on a stronger financial footing. must share the responsibility of fixing market. They will not be able to pay But I strongly believe that the mecha- this problem—not taxpayers alone their employees as much because they nism to address the immediate crisis since 99 percent of taxpayers aren’t are making the payments into the in- that is in this bipartisan framework participating in this system. solvent plans. still offers the right way forward for us A recent poll by McLaughlin & Asso- These jobs are essential to our econ- to get this done. In fact, I am pleased ciates of 2,700 likely voters in Mid- omy—right now, more than ever. Many there is a renewed interest in address- western States found that 76 percent of of the current workers in the Central ing this crisis using this framework voters support a shared solution based States Pension Fund, as an example, right now. on a combination of financial contribu- are truckdrivers, and these are the The House-passed HEROES Act—that tions from employers, retirees, and very truckdrivers who are keeping our is, the legislation the House passed to taxpayers. grocery stores stocked. They are the deal with the COVID–19 crisis—includes A Congressional Budget Office 2017 supply lines running through this a proposal to try to fix this problem. working group paper found that both coronavirus crisis. They have put their Again, it is a step in the right direction various exemptions from government health on the line for all of us, and we in that they have chosen to adopt the employer contributions and accounting need to do our very best to ensure that approach of partitioning at-risk plans standards used by multiemployer plans the pensions they have earned—rightly to help address the immediate crisis. played significant roles in allowing earned—will be there for them. That is the approach we took. PBGC to become insolvent. So both ex- While these problems were well This is a step away from their pre- emptions from the employers putting known before the current economic vious plan in the House and among a money in and the accounting standards downturn, this slowdown is only going lot of Democrats in the Senate, which are the reason, they say, that PBGC be- to accelerate the crisis. As CBO pro- employed a loan structure for all inac- came underfunded. So greater em- jected in late April—that is, the non- tive liabilities and, based on CBO anal- ployer contributions are part of getting partisan Congressional Budget Office— ysis, would not have prevented PBGC these plans back on track. the second quarter of this fiscal year is from becoming insolvent. So this new Second, I believe any solution must projected to mark the largest percent- structure makes more sense, and it is ensure sustainable solvency for the age drop in economic output in re- closer to the Senate bipartisan frame- PBGC. Again, this is important to be corded history, with the GDP projected work. The new House plan, therefore, sure that we are solving this problem. to fall 40 percent on an annualized costs a little less, and retirees also get Overall, I believe premiums should be a basis. That has a real impact on these more certainty from it. significant contributor to the health of pensions. There are some flaws in the House PBGC, covering at least half of the cost As chair of the Senate Finance sub- Democrats’ approach that still make it of recapitalization. committee with jurisdiction over these a nonstarter over here in the Senate. We also need our plan participants to multiemployer pension plans, I have First, there is no shared responsi- pitch in, in the form of solvency fees been working on this issue with Demo- bility when it comes to strengthening paid directly to PBGC. With a signifi- crats and Republicans alike, and I be- the financial condition of the PBGC. It cant variable-rate premium, by the lieve a balanced, pro-growth solution entirely relies on taxpayers—so $59 bil- way, we can make these solvency fees to the problem is possible. I also know lion of taxpayer funds over the next 10 as low as 10 percent or maybe even that it is needed. years. Some on our side of the aisle, of lower. We need to think long and hard As bad as the pension crisis is for course, find that to be a bailout by the about the levels of shared responsi- these retirees we talked about and for taxpayers when, in fact, there ought to bility that could include premiums im- their individual plans, it also has a be more shared responsibility. This is posed on workers, on unions, and in- broader impact on our economy, so all particularly important now as there is creased flat-rate premiums as well. of us should be interested in solving more and more concern about the pub- These would be small contributions but this problem. lic money that is being spent. significant in the sense that everybody It will not be easy, especially given Second, the House proposal includes would be participating, everybody the unprecedented health crisis we now no structural reforms whatsoever to would do a little bit, and the taxpayers face, but putting off this difficult work the rules governing how multiemployer would be asked to do a lot too. But the today means greater costs tomorrow. pension plans operate, how employer only way we can get the taxpayers to The costs compound, so it gets worse. contributions are determined, and cor- make a substantial contribution is to The multiemployer program deficit rective actions that trustees can take ensure that there is this shared respon- is projected to rise significantly if we to improve plan solvency and protect sibility. wait until this period—around 2024 or the participants. Third, any solution must ensure 2025. Even if we didn’t have this pan- What we don’t want to do is solve the there is sustainable solvency for the demic, this is an issue we owe to our problem with a bandaid and then have multiemployer plans in the future. Any constituents to take proactive action the problem come right back again. We bipartisan solution should include on. want to get this right. The reforms structural reform to the funding rules We have come some way on this have to address the underlying flaws in governing employer contributions to project, and we have made some the system and ensure that PBGC can multiemployer plans so that Congress progress over time. In 2018, Senator function as a self-sustaining entity and the Treasury will not be regularly SHERROD BROWN and his co-chair Sen- rather than a new line item in the Fed- called upon to bail out a large number ator Orrin Hatch and I put together a eral budget funded by permanent enti- of underfunded plans.

VerDate Sep 11 2014 04:37 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.061 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3199 Retirees need to know these plans The Senate Finance Committee will I think now it is time to review that are secure. This includes gradually continue to reach out to have a serious which most of us learned in fifth grade. phasing down the rate at which plans conversation with Democrats on both Just for a civics lesson for my Demo- may value existing pension liabilities, sides of the Capitol to help address this cratic colleagues, I am going to go which are promises to retirees that immediate crisis and ensure sustain- through how a bill is passed and to should be kept but are being budgeted able solvency for the multiemployer show that, even though they don’t like for through investments that the Con- pension system. In order to reach an how the bill starts, they can actually gressional Budget Office says are high agreement on this issue, shared respon- change how it ends and vote against it risk. Without any rules on how these sibility will be necessary to make it if they don’t like it. pension liabilities are valued, there is work, in my view. We all learned this. This is how a bill high risk. Here is what the risk is now. To reiterate, we are willing to put se- is passed. We get an idea from a con- Here is the average multiemployer rious Federal money on the table—tax- stituent. Those ideas are on the street plan target rate of return. Here is a payer funds—and we are willing to ne- right now. They want reform of how conservative way to look at it, which gotiate, but it has to be a balanced ap- policing occurs, to make sure that it is would be the interest rate on 10-year proach. fair and equitable for all. The bill can Treasuries. The time to act is now. The Senate go through the House. It is debated on By the way, the 10-year Treasury is Finance Committee has this common- the House floor. If it is approved, it now down to just about 1 percent, so it sense proposal on the Republican side— comes to the Senate. has gone down even further. This gap is again, vetted by PBGC—that, while not I am going to interject here. The that high risk the Congressional Budg- perfect, is an interesting starting point Senate may come up with its own bill, et Office is talking about. So there for us to come together. The House has and it goes to the floor. Here, it says needs to be some solution here. their own proposal that has many simi- the bill is debated. That is not hap- I understand that this needs to be larities in terms of its structure. So pening. Filibuster and cloture may phased in. It needs to be gradual. It let’s build upon those, as Republicans occur, and the Senate may approve the needs to be reasonable. But we have to, and Democrats, to ensure we can get bill. again, ensure that retirees know that, our multiemployer pension system Let’s stop here. If the Democratic when they get into a plan and make back in working order. We owe it to Senators don’t like the bill in its cur- contributions to a plan, it is going to the retirees. We owe it to the workers, rent form, they can amend it. If they be there for them. to the participants in these plans. We don’t like the way it is when it is The Senate Finance Committee pub- owe it to these small businesses. Let’s amended, they can vote against it. If lished its own proposal in November get serious about this and ensure we they vote against it, it will not pass. If which attempted to get at these two can protect the retirements of hard- they don’t like where it ends up, after working Americans we represent. Tax- goals of addressing the immediate cri- we deliberate, debate, and offer amend- payers deserve proactive action now, sis through shared responsibility and ments, they can still defeat it. preventing a future crisis through re- and so do workers and so do retirees. Let’s just imagine that it does get forms to the funding rules. This was a Let’s get it done. approved, then it goes to the con- I yield the floor. Republican plan put forward by Sen- The PRESIDING OFFICER. The Sen- ference committee—you and I know ator GRASSLEY, who spoke moments ator from Louisiana. this—but there are some watching who ago. That proposal was called the Mul- heard this dialogue yesterday or these THE JUSTICE ACT tiemployer Pension Recapitalization Mr. CASSIDY. Mr. President, nearly speeches yesterday from our colleagues Reform Plan. It is not perfect, but it is a month has passed since George Floyd on the Democratic side. Let me just re- worth emphasizing that the Trump ad- died. In a show of unity, which bridged mind people, if we approve a bill, it ministration supports this proposal divides Americans—Republicans, still goes to conference committee. and put out a Statement of Adminis- Democrats, Independents—demanded The legislation passed by the House tration Policy endorsing it, saying: that something be done to prevent such of Representatives is considered; those ‘‘We believe it has the potential to deaths from happening in the future. two bills are merged; and then it comes serve as the base for a long-term solu- Republicans are trying to do some- back for another vote. They have a tion to the multiemployer pension cri- thing. chance to amend. They have a chance sis.’’ I have talked to several people Thanks to the leadership of Senator to vote against it if they don’t like the within the administration, and I think TIM SCOTT, the Senate is trying to con- final product, and then it is going to a they are also committed to a bipar- sider the JUSTICE Act, a major bill to conference committee with Speaker tisan agreement in this Congress to try reform police departments in meaning- PELOSI’s version, and then they get to to solve this problem. ful, practical ways; yet today, Demo- vote against that if they don’t like Again, the plan put out by Senator crats blocked consideration of the bill. that. GRASSLEY and also Senator ALEXANDER I hope Democrats allow the Senate to If all they do is allow deliberation of may not be perfect, but now you have at least debate the JUSTICE Act. If the bill—in what one said sarcastically two plans out there, both of which use Democrats don’t like the bill, offer an was the ‘‘world’s greatest deliberative the same basic structure, and I think amendment. Make the case. Reforming body’’—they would have this, that, and there is an opportunity here for us to police departments, making justice that opportunity to either change, dis- come together. fair, and equal for all is a bipartisan approve, or to vote on something which Right now, I know some of my coun- issue. they finally approve. That is how it is terparts in the House who have worked I smiled when I was sitting in the supposed to work. on the multiemployer pension proposal Chair where you are right now, Mr. By the way, my young aide was in the HEROES Act want to know President, when a Senate colleague, bringing us into the Chamber and saw whom they should be negotiating with who is a Democrat, spoke yesterday somebody in the hallway, and the because they are not negotiating right and described the Senate as the world’s young person said: Hmm, it doesn’t now on how to find that compromise. I greatest deliberative body. I thought work that way. He remembered seeing would suggest talking to the Finance she must be sarcastic. I say that be- this cartoon, this YouTube, when he Committee. That is where the jurisdic- cause Democrats refuse to allow delib- was a kid. All he could say was: It tion is. That is what the administra- eration. The people sent us here to doesn’t work that way. tion has indicated as well. solve problems. Let’s do the work. It should. It is how our Founding Fa- We have been working all year with As I was sitting in the Chair yester- thers set it up. But the other side de- the PBGC on a reasonable proposal day, I heard Democrats rationalize why cided it doesn’t work that way, and that we believe can get support from they refuse to allow debate. As best as that is too bad. That is too bad be- the National United Committee to Pro- I can tell, they refused to allow any de- cause, if we don’t do the work, if we tect Pensions, many of the Teamsters liberation because they are not sure don’t deliberate, if we continue to have local unions, and many employers who that what they want to be included status quo over the change and the re- are trying to stay afloat right now. will be included. form that all the American people are

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The JUSTICE Act will offer an amendment to defund the The cynic might believe the Demo- requires the Department of Justice to police, and they would have to go on crats blocked deliberation of the JUS- develop and provide training and dees- the record as to whether or not they TICE Act because they don’t want the calation and intervention techniques are going to appease a radical left base President or the Republicans to have a to prevent police encounters from get- to vote to defund the police or whether win in an election year. If that is the ting out of hand. That training works. or not they are going to support the case, if this is purely political, they The New Orleans Police Department men and women in uniform that pro- have let down the American people, es- has implemented it. tect us all. They don’t want that. pecially those who demand justice. One of the images I saw when the It is not just a political calculation They let down the American people riots were occurring in Minneapolis that they don’t want President Trump just to score political points. was the New Orleans Police Depart- to have a win, I suppose; it is a polit- Maybe they blocked it because it ment taking a knee with protesters in ical calculation that they don’t want a doesn’t include the Democratic Party’s Jackson Square—literally on common loss. They don’t want to be forced to new wish list: defunding and abolishing ground—to say that we are with you to declare their support for the police or police forces. Perhaps they knew that, work towards a solution. That is be- their support to defund the police. if somebody offered an amendment to cause of this sort of training being in- They are ignoring the cries of pro- the JUSTICE Act to defund police, stituted there. I am so proud that my testers demanding that George Floyd then Members would be forced to vote State has example of that which works. never occur again in order to cover po- on the measure rather than just pay lip This bill would take that which works litical tracks. I think it is important service to an idea that is going no- and make it common across the coun- to recognize that defunding the police, where. try. which I think is a radical concept, is Let me say, defunding and abolishing The JUSTICE Act also requires absurd. We need police officers. In fact, police forces is not the direction Re- training and education about the Afri- I am always struck that my colleagues publicans believe we should take, for can-American socioeconomic cir- of both parties always thank Capitol obvious reasons. Mobs are destroying cumstance so officers can gain a better Police for the service they do. and defacing property and destroying perspective in these communities. It Don’t the people who live in our com- and defacing monuments of national promotes understanding of how Afri- munity thank the police officers to heroes—George Washington, Abraham can-American males are impacted by keep their business from being stolen Lincoln, Ulysses Grant. World War II experience, including education, and robbed or burned? I think they do. But on the other hand, if you think po- memorials are being defaced with swas- healthcare, financial status in the lice should be defunded, allow that tikas, torn down by a mob that hates criminal justice system. It helps de- amendment to come up, and then vote the United States of America. partments know the best practices for on it. The American people didn’t send When you establish a so-called po- police tactics, employment processes, us here to duck tough votes. They sent lice-free zone—an absurd promise for a community transparency, and how law us here to declare that which we be- utopian society that is, in fact, full of enforcement can best engage on issues lieve in but also to represent their in- crime—the one in Seattle has had, I related to mental health, homeless- terest. think, four shootings—at this point, ness, and addiction. A word about the mob that is not Senator SCOTT, drawing from his own the mob’s goal is not justice for George peaceful protesters advocating for jus- experiences, crafted a bill with reforms Floyd; the mob’s goal is about dis- tice for all but those who hate the that will lead to more accountability, playing their hatred for the United United States of America, who wish to States of America. fewer uses of force, and a better under- erase our history, and who wish to re- If Senate Democrats reject that be- standing of disenfranchised and minor- place our national heroes with toppled havior of the mob, let the country hear ity communities that police should statues and swastikas and hammer and you. Reject it. But that would require also serve and protect. Criminal justice sickles upon the side of the building. debate. That would require delibera- reform advocates have long called for The irony is that most of the mob re- tion. That is what is being denied the the very same reforms the JUSTICE lies upon constitutional protections of JUSTICE Act. That is what Senate Act institutes. In fact, there is a lot of free speech and freedom of assembly. Democrats will not allow. agreement between Republicans and We cherish those rights. We cherish Here is what Senate Democrats Democrats on many of the reforms in them and thank those who are peace- blocked when they decided against al- this bill. fully protesting for exercising those lowing deliberation of the JUSTICE I will ask once more: Why are Demo- constitutional rights. Act, if you will, addressing the de- crats blocking even a consideration on I also hear from some of my col- mands of the people who are calling for this floor of this bill? If you don’t like leagues on the other side of the aisle reforms of policing. They denied it, work to change it. If it passes, it that, somehow, these actions of anar- stronger accountability measures for only passes with your votes. If it does chists are just violent. There is a senti- the police departments. The JUSTICE pass, it then goes to the House of Rep- ment that says we try to enact change Act requires reporting of use of force resentatives for reconciliation with peacefully, but nothing is happening. I, and no-knock warrants. It increased their bill, and then it comes back. But unfortunately, have to agree with penalty for false police reports. It in- we should at least debate—at least pre- them. stitutes penalties for failing to prop- tend to hear the cries of the American The Republicans have brought for- erly use body cameras. It requires shar- people who are asking for justice for ward a bill that would peacefully begin ing of disciplinary records so that de- those who perceive that they have been to make changes in how policing is un- partments will know whether an appli- denied. derstood and practiced and, in peace- cant has the history of bad behavior in We know that the JUSTICE Act fully doing so, bring about change for another law enforcement department. brings about the changes to policing which they are advocating. But again, By the way, some of the Senate that Americans are calling for: more nothing has happened because Senate Democrats have said they want to out- accountability, deescalation training, Democrats have decided that they law these things. Offer an amendment. education, and other things. Yet again, don’t even want to debate a bill, offer That is why you deliberate. You don’t Senate Democrats have blocked even a amendments, vote against the final come up with a deal in a back room discussion of those reforms. product, or allow it to go to a con- and bring it—and, oh, my gosh, we have I ask myself—it doesn’t make sense, ference committee with the House of to vote on it. You offer an amendment. good people—why would they block Representatives to be changed once Allow deliberation. even consideration, any response what- more to perhaps come more to their Why will they not respond to the soever to the cries of the people on the liking. pleas of the American people to delib- street that the Congress do something? Again, my Senate Democratic col- erate, to consider, to come up with Why would they even do that? Then I leagues are not just blocking reform;

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Along the way, a national to kneel on his neck until his body policing unresolved. I hope my Demo- publication twice named Centre the top went limp. George Floyd’s alleged cratic colleagues allow the debate to school in the South. crime? Using a counterfeit $20 bill to occur. I hope they recognize the impor- Of course, Centre College is no buy groceries during a global pan- tance of this issue to all Americans, es- stranger to making national headlines. demic. pecially to those in communities of In 2000, Centre hosted a Vice Presi- As a nation, we have seen far too color, but really to us all. dential debate between Dick Cheney many unarmed Black men and women To my colleagues on the other side of and our former colleague Joe Lieber- killed by police. Rayshard Brooks was the aisle: Come back to the table. Let’s man. When Centre was selected for this shot twice in the back while running hear your amendments. Let’s have de- prestigious honor, it was the smallest away from Atlanta police. The police bate. Let’s enact the change we need higher educational institution in his- had been called because he had fallen by building a consensus on the best tory to host a Presidential or Vice asleep in his car and was blocking a fast-food drive-thru. Breonna Taylor, path forward. Let’s live up to the state- Presidential debate. By any objective an emergency medical worker, was ment that the Senate is the world’s standard, the event was a total success, shot eight times by Louisville police greatest deliberative body. and it came as a clear result of John’s while asleep in her home. Eric Garner Together, the Senate—Republicans creativity and ingenuity. Afterward, a was choked to death by an NYPD offi- and Democrats—can deliver change for Washington Post writer praised the de- bate as ‘‘one of the best ever. The cer for selling cigarettes. Freddie Gray the American people. We can bring was killed after being taken into cus- about the unity that we as a country whole day was a happy pageant of Nor- man Rockwell meets Alexis de tody by Baltimore police for possessing desperately need in order to heal as a a knife. Walter Scott was shot in the society, but this will only happen if my Tocqueville.’’ That writer wasn’t the only one im- back by North Charleston police after Senate Democratic colleagues stop hid- pressed by Centre’s performance. The being stopped for a bad brake light. ing behind procedural votes. Commission on Presidential Debates Stephon Clark was killed by Sac- Come to the floor. Let’s deliberate. went back to John, asking Centre to ramento police in his grandmother’s Let’s do what the Founding Fathers host another Vice Presidential debate. backyard for breaking windows. And imagined that we would. I know that it Once again, the Centre community Michael Brown was shot six times by is politically difficult, but sometimes, planned and executed an extraordinary Ferguson police while his hands were we have to rise above political dif- event with the eyes of the country on raised in the air. ficulty with a challenge of time, and them. Over the past month, millions of peo- that challenge is now. Last year, John led Centre in the ple—of all races, ages, and back- I yield back. celebration of its bicentennial anniver- grounds—have taken to the streets I suggest the absence of a quorum. sary with a full year of events. While throughout the Nation to protest these The PRESIDING OFFICER. The the school honored its distinguished killings and to demand real police re- clerk will call the roll. history, John seemed to consider his form. We need to respond with legisla- The senior assistant legislative clerk own place in it. He announced his re- tion that truly meets this moment, a proceeded to call the roll. tirement from Centre, making him one bill that actually holds law enforce- Mr. MCCONNELL. Mr. President, I of the three longest serving presidents ment agencies and offices accountable ask unanimous consent that the order in the school’s history. under the law. for the quorum call be rescinded. Perhaps John’s greatest legacy at The Republican JUSTICE Act is no- The PRESIDING OFFICER. Without Centre will be his fierce devotion to where near enough. It simply does not objection, it is so ordered. students. Every single graduate was in- impose accountability on law enforce- f vited into his home at least twice dur- ment. Specifically, it does not create a national use of force standard. For ex- MORNING BUSINESS ing their undergraduate years. With his beloved wife Susie, who is an institu- ample, in California, lethal force may tion herself, John brought compas- only be used to prevent an imminent TRIBUTE TO JOHN ROUSH sionate leadership to all aspects of his threat of death or serious bodily injury work. His colleagues called John the to the officer or to another person. It Mr. MCCONNELL. Mr. President, institution’s ‘‘beating heart.’’ As he does not end racial profiling; in other over the school’s two centuries, some leaves campus at the end of this words, it does not stop police from of Kentucky’s brightest students have month, 1 day before his 70th birthday, using race to target individuals, a prac- walked Centre College’s campus. Our he should take pride in a job very well tice I would hope that everyone agrees Commonwealth’s first Governor, Isaac done. must cease. It does not prohibit no- Shelby, chaired the inaugural board. I am sure Centre College planned sev- knock warrants in drug cases, the very Prominent Kentucky surgeon Dr. eral opportunities for its students, fac- type of warrant that led to the death of Ephraim McDowell, whose accolades ulty, staff, alumni, and friends to ex- Breonna Taylor. It does not reform include a statue here in the U.S. Cap- press their sincere appreciation to qualified immunity, a legal defense itol, also served as a trustee. To date, John. Unfortunately, the coronavirus that has allowed officers to avoid ac- Centre’s alumni include two U.S. Vice pandemic changed many of those plans. countability even when they have bro- Presidents, one Chief Justice and an But there is nothing that can change ken the law. Instead of fixing these Associate Justice of the Supreme our heartfelt gratitude to John and problems, the JUSTICE Act collects Court, as well as more than a dozen Susie for all they have done for Centre more information and data on prob- Senators, 43 Members of Congress, and College and the Commonwealth of Ken- lems we already know exist. 11 Governors. tucky. As they embark on their next We do not need more information. We Today, I would like to pay tribute to adventure together, we wish them the need to address the underlying issues another leading member of Centre’s very best. of systemic racism and police use of community: its 20th president and my f force. That is where the Justice in Po- good friend Dr. John Roush. At the end licing Act comes in. Senator BOOKER of this month, John will complete his THE JUSTICE ACT and Senator HARRIS introduced this service to the school, closing out 22 Mrs. FEINSTEIN. Mr. President, I bill earlier this month. It should be our years of achievement that have rise in opposition to proceeding on S. starting point. The bill makes mean- brought well-deserved praise and 3985, the JUSTICE Act, and want to ingful reforms. For example, it re- growth to Centre. briefly explain why. quires that police departments ban

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