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

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

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