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

Vol. 167 WASHINGTON, MONDAY, MARCH 1, 2021 No. 38 House of Representatives The House met at noon and was resources, a history founded on faith in REPLANT ACT IS PRACTICAL called to order by the Speaker pro tem- You and invested in the noble prin- LEGISLATION pore (Mr. BEYER). ciples of the American experiment. (Mr. PANETTA asked and was given f And yet, we confess that we have al- permission to address the House for 1 lowed these endowments to be de- minute and to revise and extend his re- DESIGNATION OF SPEAKER PRO stroyed by moths of malice and mis- TEMPORE marks.) direction. We acknowledge before You Mr. PANETTA. Madam Speaker, The SPEAKER pro tempore laid be- that we have tolerated and even taken what I am about to show you are the fore the House the following commu- delight in the corrosive rust of rival- examples of the cycle of destruction nication from the Speaker: ries and debate. from the climate crisis in my home dis- WASHINGTON, DC, Forgive us for taking for granted the trict on the central coast of California. March 1, 2021. precious gifts of life, liberty, and hap- Last year, my district was victim to I hereby appoint the Honorable DONALD S. piness, and letting them slip from our a brutal wildfire season in which al- BEYER, Jr. to act as Speaker pro tempore on care, only to be stolen by pride and most 650,000 acres were burned. What this day. conceit. was left behind in many of those areas NANCY PELOSI, Call us back to rededicate ourselves Speaker of the House of Representatives. is called a burn scar, ground that has to the mercy You have shown us time crusted and is hard for water to pene- f and again. May we treasure in our trate. As a result, when it rains, it MORNING-HOUR DEBATE hearts the privilege You have given us leads to floods, mudslides, and devasta- The SPEAKER pro tempore. Pursu- as Americans to serve as stewards of tion, including this damage to Highway ant to the order of the House of Janu- Your bounteous love. 1 in Big Sur, in which water and debris ary 4, 2021, the Chair would now recog- We pray in the strength of Your holy flowed down the hills, blocked the cul- nize Members from lists submitted by name. verts, then flowed up over Highway 1, the majority and minority leaders for Amen. and took out the road from that side. morning-hour debate. f Now, we know we have a lot of work to do when it comes to reducing our f THE JOURNAL carbon output. In the meantime, we RECESS The SPEAKER. Pursuant to section can stop this type of damage with re- The SPEAKER pro tempore. Pursu- 5(a)(1)(A) of House Resolution 8, the forestation of burn scar areas. ant to clause 12(a) of rule I, the Chair Journal of the last day’s proceedings is That is why I will reintroduce the declares the House in recess until 2 approved. REPLANT Act, to fund those types of projects, and I plan to work on bipar- p.m. today. f Accordingly (at 12 o’clock and 1 tisan legislation to help manage forests minute p.m.), the House stood in re- PLEDGE OF ALLEGIANCE to prevent fires and not just suppress cess. them. It is that type of reasonable and The SPEAKER. Will the gentleman practical legislation that is the founda- f from Florida (Mr. POSEY) come forward tion for how we in Congress can protect b 1400 and lead the House in the Pledge of Al- our communities and prevent the ef- legiance. fects of the climate crisis. AFTER RECESS Mr. POSEY led the Pledge of Alle- f The recess having expired, the House giance as follows: was called to order by the Speaker at 2 I pledge allegiance to the Flag of the TRANSPARENCY IS PART OF GOOD p.m. United States of America, and to the Repub- GOVERNMENT lic for which it stands, one nation under God, f (Mr. POSEY asked and was given per- indivisible, with liberty and justice for all. mission to address the House for 1 PRAYER f minute and to revise and extend his re- The Chaplain, the Reverend Margaret marks.) Grun Kibben, offered the following ANNOUNCEMENT BY THE SPEAKER Mr. POSEY. Madam Speaker, trans- prayer: The SPEAKER. The Chair will enter- parency has always been a cornerstone Gracious God, what treasures You tain up to 15 requests for 1-minute of good government. Over the past 10 have set before us: a country rich with speeches on each side of the aisle. years, we have made important

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 06:40 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.000 H01MRPT1 ctelli on DSK11ZRN23PROD with house H864 CONGRESSIONAL RECORD — HOUSE March 1, 2021 progress toward making Congress more tain guidelines could have the Federal OFFICE OF THE CLERK, transparent and accountable to those Government match funds up to $6 mil- HOUSE OF REPRESENTATIVES, we serve. lion that could be used for anything Washington, DC, March 1, 2021. In 2010, I introduced a resolution call- put into campaign—$6 million of your Hon. NANCY PELOSI, The Speaker, House of Representatives, ing for a 72-hour period of public avail- Federal dollars going into a single con- Washington, DC. ability before the House could bring a gressional race under the right condi- DEAR MADAM SPEAKER: Pursuant to the bill up for a vote, so Members of the tions. permission granted in Clause 2(h) of Rule II House and the public could actually see These formulas are geared to ratchet of the Rules of the U.S. House of Representa- what was in a bill before we were asked up from the previous election cycle. As tives, the Clerk received the following mes- to vote for it. In 2011, the proposal was we know, campaigns get more expen- sage from the Secretary of the Senate on March 1, 2021, at 4:30 p.m.: adopted into House rules as a 3-day sive each time; so does the match. That the Senate agreed to S. Res. 79. rule. Also, under this bill, the Federal With best wishes, I am, But, sadly, this year’s House rules Government would hand out $25 vouch- Sincerely, package abolished that rule. It is in- ers to every voter in three chosen ROBERT F. REEVES, credibly sad to see that this House is States to donate to candidates. How Deputy Clerk. moving backward and making govern- much will that cost just to administer f ment less open and less accountable to a program like that? We know the Fed- PROVIDING FOR CONSIDERATION those we were sent here to represent. eral Government doesn’t do that cheap- OF H.R. 1, FOR THE PEOPLE ACT f ly, maybe $25 per check to give each $25 OF 2021; PROVIDING FOR CONSID- contribution. CREATING A COVID–19 VICTIMS ERATION OF H.R. 1280, GEORGE If you hand a bureaucrat a hammer, AND SURVIVORS MEMORIAL DAY FLOYD JUSTICE IN POLICING they will see everything as a nail. The ACT OF 2021; AND FOR OTHER (Mr. STANTON asked and was given new system fines more people in order PURPOSES permission to address the House for 1 to raise funds for this campaign give- minute and to revise and extend his re- away. The fines will go up, and busi- Mr. MORELLE. Mr. Speaker, by di- marks.) nesses will be hurt, all in order to pro- rection of the Committee on Rules, I Mr. STANTON. Madam Speaker, last vide something not for the people. call up House Resolution 179 and ask week, we mourned half a million Amer- for its immediate consideration. ican lives lost to the coronavirus. f The Clerk read the resolution, as fol- lows: Their absence in our communities is COMMUNICATION FROM THE H. RES. 179 difficult to comprehend. CLERK OF THE HOUSE Sadly, many are facing the reality Resolved, That upon adoption of this reso- that it has now been more than a year The SPEAKER pro tempore (Ms. lution it shall be in order to consider in the BROWNLEY) laid before the House the House the bill (H.R. 1) to expand Americans’ without their loved ones. Tragically, access to the ballot box, reduce the influence many of them died alone, without following communication from the Clerk of the House of Representatives: of big money in politics, strengthen ethics loved ones to say good-bye. rules for public servants, and implement To honor and memorialize those lost OFFICE OF THE CLERK, other anti-corruption measures for the pur- and those impacted by the virus, I in- HOUSE OF REPRESENTATIVES, pose of fortifying our democracy, and for troduced a resolution designating the Washington, DC, March 1, 2021. other purposes. All points of order against Hon. NANCY PELOSI, first Monday in March as COVID–19 consideration of the bill are waived. The The Speaker, House of Representatives, amendment printed in part A of the report of Victims and Survivors Memorial Day. Washington, DC. Commemorating this memorial day is the Committee on Rules accompanying this DEAR MADAM SPEAKER: Pursuant to the resolution shall be considered as adopted. an important marker for all those af- permission granted in Clause 2(h) of Rule II The bill, as amended, shall be considered as fected across the country and to help of the Rules of the U.S. House of Representa- read. All points of order against provisions our country heal from this trauma. tives, the Clerk received the following mes- in the bill, as amended, are waived. The pre- In my home State, this day of rec- sage from the Secretary of the Senate on vious question shall be considered as ordered ognition has been pushed by two advo- March 1, 2021, at 1:35 p.m.: on the bill, as amended, and on any further That the Senate passed S. 422. cates who lost their fathers to COVID– amendment thereto, to final passage without With best wishes, I am, intervening motion except: (1) one hour of 19. Kristin Urquiza and Tara Krebbs Sincerely, turned their grief into action and have debate equally divided and controlled by the ROBERT F. REEVES, chair and ranking minority member of the mobilized more than 100 cities and mul- Deputy Clerk. Committee on House Administration or their tiple States to recognize today as a me- f respective designees; (2) the further amend- morial day. ments described in section 2 of this resolu- Long after our Nation moves beyond RECESS tion; (3) the amendments en bloc described in this ordeal, we will need to collectively section 3 of this resolution; and (4) one mo- The SPEAKER pro tempore. Pursu- tion to recommit. recognize all that we have lost and the ant to clause 12(a) of rule I, the Chair trauma of what we have experienced. SEC. 2. After debate pursuant to the first declares the House in recess subject to section of this resolution, each further Together, we can overcome. the call of the Chair. amendment printed in part B of the report of f Accordingly (at 2 o’clock and 7 min- the Committee on Rules not earlier consid- A BILL FOR POLITICIANS, NOT utes p.m.), the House stood in recess. ered as part of amendments en bloc pursuant to section 3 of this resolution shall be con- PEOPLE f sidered only in the order printed in the re- (Mr. LAMALFA asked and was given port, may be offered only by a Member des- permission to address the House for 1 b 1919 ignated in the report, shall be considered as read, shall be debatable for the time speci- minute and to revise and extend his re- AFTER RECESS marks.) fied in the report equally divided and con- The recess having expired, the House trolled by the proponent and an opponent, Mr. LAMALFA. Madam Speaker, the was called to order by the Speaker pro may be withdrawn by the proponent at any top priority bill of the House of Rep- time before the question is put thereon, shall resentatives this year for the Demo- tempore (Mr. PHILLIPS) at 7 o’clock and 19 minutes p.m. not be subject to amendment, and shall not crats seems to be H.R. 1, known as the be subject to a demand for division of the For the People Act. f question. What people is this going to benefit? SEC. 3. It shall be in order at any time For the politicians act, you might call COMMUNICATION FROM THE after debate pursuant to the first section of it. It helps politicians and hacks like CLERK OF THE HOUSE this resolution for the chair of the Com- mittee on House Administration or her des- The Lincoln Project, not the people. The SPEAKER pro tempore laid be- ignee to offer amendments en bloc consisting For example, if this bill passes, a po- fore the House the following commu- of further amendments printed in part B of litical candidate raising approximately nication from the Clerk of the House of the report of the Committee on Rules accom- $800,000 in their campaign under cer- Representatives: panying this resolution not earlier disposed

VerDate Sep 11 2014 06:40 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.004 H01MRPT1 ctelli on DSK11ZRN23PROD with house March 1, 2021 CONGRESSIONAL RECORD — HOUSE H865 of. Amendments en bloc offered pursuant to 1319, and H. Res. 177, which authorizes nized effort to change the rules because this section shall be considered as read, shall candidates for election to the House they didn’t like the outcome. be debatable for 20 minutes equally divided and Members of the House to file state- The minority has put forward a nar- and controlled by the chair and ranking mi- ments with the Clerk regarding the in- rative that suggests we must choose nority member of the Committee on House between two separate paths, accessi- Administration or their respective designees, tention to participate or not partici- shall not be subject to amendment, and shall pate in the small donor financing sys- bility and security. But that is a delib- not be subject to a demand for division of the tem for such elections created by H.R. erately false narrative. We can, and we question. 1. must, achieve both. H.R. 1 is the vehi- SEC. 4. All points of order against the fur- Mr. Speaker, the House will be con- cle to advance both. ther amendments printed in part B of the re- sidering two pieces of critically impor- The For the People Act places a sig- port of the Committee on Rules or amend- tant legislation this week that are a nificant emphasis on election security, ments en bloc described in section 3 of this long time coming. in everything from voter registration resolution are waived. to ensuring all voting systems are se- SEC. 5. Upon adoption of this resolution it H.R. 1, the For the People Act, will shall be in order to consider in the House the expand voting rights, limit partisan cure with paper ballots and robust elec- bill (H.R. 1280) to hold law enforcement ac- gerrymandering, improve election in- tion result audits. countable for misconduct in court, improve tegrity, and revise rules for political The outrage we have heard from Re- transparency through data collection, and spending and government ethics. The publican leaders in Congress dem- reform police training and policies. All 2020 election brought out unprece- onstrates how out of touch they are points of order against consideration of the dented turnout, even in the middle of with their own voters. More than two- bill are waived. The bill shall be considered the COVID–19 pandemic. Thanks in thirds of likely voters, including 57 per- as read. All points of order against provi- large part to voting by mail, more than cent of Republicans, said they would sions in the bill are waived. The previous back the proposals in H.R. 1. Ameri- question shall be considered as ordered on 159 million Americans voted, the larg- the bill and on any amendment thereto to est total vote turnout in United States cans want more accountability from final passage without intervening motion ex- history. their leaders, not less. cept: (1) one hour of debate equally divided What followed was the most heavily b 1930 and controlled by the chair and ranking mi- scrutinized election in modern history, nority member of the Committee on the Ju- They want the influence of money with our airwaves filled with horrific out of politics. They want an end to diciary or their respective designees; and (2) and dangerous lies that fundamentally one motion to recommit. gerrymandered districts. They want damaged many people’s faith in our de- SEC. 6. The following resolutions are here- voting to be a celebration of our civil by adopted: mocracy. Yet, through that entire or- duty, not a constant battle to over- (a) House Resolution 176. deal, not a single shred of evidence of (b) House Resolution 177. come administrative hurdles. any systemic fraud was ever discov- We owe it to those Americans to cre- The SPEAKER pro tempore. The gen- ered—none at all. ate the ethical and accessible democ- tleman from New York is recognized Voting in this country, however, is racy that they so richly deserve. for 1 hour. far from perfect. Many people, particu- The House will also take up H.R. 1280, Mr. MORELLE. Mr. Speaker, for the larly Americans of color and those the George Floyd Justice in Policing purpose of debate only, I yield the cus- from low-income families, face tremen- Act. This legislation represents the tomary 30 minutes to the distinguished dous barriers to making their voices work of hundreds of legislators and gentleman from Oklahoma (Mr. COLE), heard, from long lines at the polls to millions of American advocates who pending which I yield myself such time discriminatory ID laws. have fought for decades for a more eq- as I may consume. During consider- I believe, and the Democratic major- uitable future. ation of this resolution, all time yield- ity believes, our national effort should This fight is especially personal for ed is for the purpose of debate only. be aimed at eliminating barriers to the me, as my own community of Roch- GENERAL LEAVE ballot. We believe true participatory ester, New York, has grappled with two Mr. MORELLE. Mr. Speaker, I ask democracy can only be achieved when recent tragedies that underscore just unanimous consent that all Members everyone—everyone—is afforded the how necessary police reform truly is. be given 5 legislative days to revise and opportunity to vote. We believe it is Just one block from here, on the west extend their remarks. better for America that every voice be pediment of the United States Supreme The SPEAKER pro tempore. Is there heard here in Washington, in State Court, is a promise to every American: objection to the request of the gen- capitols, and in city, town, and village ‘‘Equal justice under law.’’ tleman from New York? halls across our Nation. Sadly, we know that for too many There was no objection. It is better for all of our citizens Americans, that promise is an empty Mr. MORELLE. Mr. Speaker, today, when each and every citizen has a one. It was an empty promise for Dan- the Rules Committee met and reported stake in what their government says iel Prude, who, while naked and un- a rule, House Resolution 179, providing and what their government does. And armed, faced a mental health crisis in for consideration of H.R. 1, the For the we believe it is better for us on the the streets of Rochester when police People Act of 2021, under a structured world stage when our democracy shines arrived on the scene last March. He rule. It self-executes a manager’s as a beacon of hope and success for oth- needed a warm blanket and treatment amendment by Chairperson LOFGREN ers to emulate. by a mental health professional. He got and makes in order 56 amendments. It is becoming increasingly clear that neither and died in police custody just The rule provides 1 hour of debate not everyone believes our national in- days later. equally divided and controlled by the terest is served by greater voter par- It wasn’t true just a month ago for a chair and ranking member of the Com- ticipation. It is held in some quarters young girl in my community, who was mittee on House Administration and that, rather than seeing greater par- forcibly restrained and pepper sprayed provides one motion to recommit. ticipation as a sign of our democracy’s as she called out for her father. She is The rule also provides for consider- enduring strength, it is instead seen as 9 years old. A police officer on the ation of H.R. 1280, the George Floyd evidence of a dark, sinister plot. Or scene, impatient with her pleas to see Justice in Policing Act of 2021, under a perhaps, more cynically, they express her dad, urged her to stop acting like a closed rule. The rule provides for 1 that view because suppressing votes, child. Her response: ‘‘I am a child.’’ hour of debate equally divided and con- particularly of those with whom they It would be laughable if it were not trolled by the chair and ranking mem- disagree, will improve their chances for heartbreaking. ber of the Committee on the Judiciary electoral success, even though it weak- Equal justice under law was an and provides for one motion to recom- ens our democracy. empty promise for George Floyd, mit. Rather than trying to build on the Breonna Taylor, Jacob Blake, and for The rule also deems as passed H. Res. successes of record voter turnout, countless others in every corner of 176, which directs the Clerk of the many of my friends on the other side of America and for countless more still to House of Representatives to make a the aisle would rather turn their backs come unless we take bold, decisive ac- correction in the engrossment of H.R. on those successes and begin an orga- tion.

VerDate Sep 11 2014 06:40 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.013 H01MRPT1 ctelli on DSK11ZRN23PROD with house H866 CONGRESSIONAL RECORD — HOUSE March 1, 2021 Indeed, it is up to each of us to make ple. It is, instead, a bill about pre- free speech is beyond my under- the changes necessary to finally fulfill serving the present Democrat major- standing. the promise of equal justice. ity. It is a bill by Democrats for Demo- Mr. Speaker, what the majority is at- The time for incremental change has crats. Though the majority claims this tempting today is egregious. Changing passed. It is clear that we need a cul- bill is about reforming our political the national campaign finance system tural paradigm shift and massive re- system, the reality is that most of the to benefit themselves, taking tradi- imagining of our public safety proto- changes in this bill, if enacted into law, tional powers away from the States, cols, and that starts with the George would be to benefit the majority to the and restricting the right of free speech Floyd Justice in Policing Act. detriment of the minority. are all part of an unprecedented power The bill prohibits religious, racial, The most egregious of these provi- grab. and discriminatory profiling by every sions are those dedicated to changing I strongly urge the majority to police department in America, sup- our national system of campaign fi- change course, and I urge my col- ported by improved training for offi- nance. Now, in general, I think this is leagues to reject this terrible bill. cers and comprehensive data collection a worthy goal, but the majority’s pro- Today, we are also considering H.R. and tracking to ensure departments posed solution does not make much 1280, the George Floyd Justice in Polic- are following the law. sense. The majority is proposing to cre- ing Act. As with H.R. 1, this bill will be It will save lives by banning dan- ate a new federally funded campaign familiar to our returning Members, as gerous police practices, like choke ATM using corporate fines, ensuring the House passed an identical bill last holds and no-knock drug warrants. It that certain candidates will receive summer. will ensure that law enforcement uses millions of dollars just for running a Unfortunately, while I think this bill deadly force only when absolutely nec- campaign. is well-intentioned, it, too, is mis- essary and only after exhausting dees- My colleagues in the majority have guided. Reforms contained in H.R. 1280 calation tactics. bemoaned the massive amount of will do more harm than good. I do not This legislation would limit the money that has been entering into our doubt the majority’s good intentions transfer of military-grade equipment campaign system over the past few dec- with this legislation. to State and local law enforcement be- ades, yet their proposed solution is to The George Floyd Justice in Policing cause peace, safety, and community dump corporate dollars into the sys- Act came about following the tragic trust cannot—cannot—be realized with tem. events of last summer. George Floyd’s weapons of war. In what world does this make sense? death demonstrated what so many The George Floyd Justice in Policing Even Democrats know what a flawed Americans know only too well, that Act will create desperately needed ac- program this is, which is why today’s abuses of power clearly exist and must countability by expanding the use of rule also includes a provision to allow be grappled with. body-worn cameras and dashboard Members of Congress to opt out of this And while the overwhelming major- cameras and eliminating the qualified program. Before this bill was even ity of law enforcement officers faith- immunity protections that allow bad passed by the House, Democrats were fully and bravely carry out their duties actors in law enforcement to stay on already running from it. They should and responsibilities each day, all too the force. just keep running and pull this bill often many Americans receive dif- As a whole, this legislation addresses from the floor. ferent treatment due to the color of police misconduct, creates greater Other proposed changes in this bill their skin. Americans across the coun- transparency, and affords victims are just egregious. Wherever possible, try rightly condemn this horrific and meaningful avenues for redress. With the majority is attempting to impose unacceptable act. these policies, we can build trust and one-size-fits-all systems from Wash- Unfortunately, rather than choosing we can begin to build cooperation be- ington onto the States. It does this to come together to legislate in a bi- tween law enforcement and the com- with a one-size-fits-all voter registra- partisan manner, the majority chose to munities they are supposed to serve tion system, including forcing States take the exact opposite course last and protect. to provide same-day voter registration summer, and we are once again consid- We passed both the For the People whether they want to or not. ering the same flawed and deeply par- Act and the George Floyd Justice in It takes away the power of the States tisan bill we considered then and that Policing Act in the previous Congress, to choose how to redistrict, forcing the Senate failed to take up. I believe and it is my hope that this year rep- them to adopt Washington-imposed this bill will face the same result, resents a real opportunity to move ‘‘independent redirecting commis- should the House pass it again this both bills forward to the President’s sions,’’ something that less than 20 per- week. desk so that we can build stronger de- cent of the States who undertake redis- During the last Congress, when the mocracy and justice for the American tricting actually do. Judiciary Committee met to mark up people. These provisions impede the tradi- this bill, the majority completely shut Mr. Speaker, I urge Members to sup- tional power of the States to control out Republicans from the process. Re- port this rule and to support both un- their own elections. As a former sec- publicans made good-faith attempts to derlying bills, and I reserve the balance retary of state and election official in work with the Democrats to find com- of my time. my home State of Oklahoma, I find mon ground on needed reforms, yet Mr. COLE. Mr. Speaker, I thank the these changes to be particularly con- every single one of these attempts were distinguished gentleman from New cerning. rejected. York (Mr. MORELLE), my very good But what is worse, H.R. 1 also in- This year, the majority has not even friend, for yielding me the customary cludes severe restrictions on free deigned to bring this bill to a markup 30 minutes, and I yield myself such speech and repeals the Lois Lerner in the Judiciary Committee, and, once time as I may consume. rule, a rule put into place after the IRS again, the majority has shut Repub- Mr. Speaker, today’s rule covers two began targeting the speech of conserv- licans out of the process. items, both of which will be familiar to ative organizations in determining This is no way to legislate on an Members who were here during the whether or not they would qualify for issue that is this important, Mr. 116th Congress. We are once again con- tax exempt status. If enacted into law, Speaker. Republicans and Democrats sidering H.R. 1, a bill that nationalizes these provisions would reweaponize the alike agree that reforms are necessary. our election system and substitutes IRS and limit the abilities of organiza- We all watched the tragedy of George Washington’s judgment for a key re- tions, corporations, and individuals to Floyd unfold last summer and we all sponsibility of our States in the admin- freely exercise this most-important watched the resulting protests. We all istration of free and fair elections. We right guaranteed under the Constitu- agree that action is necessary. But are also considering H.R. 1280, the tion. rather than working together in the George Floyd Justice in Policing Act. How the majority can claim that this best interest of the American people, Unfortunately, despite its title, H.R. bill is for the people when they are bla- the majority is once again telling Re- 1 has nothing at all to do with the peo- tantly restricting the people’s right to publicans that they can only have a

VerDate Sep 11 2014 06:40 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.010 H01MRPT1 ctelli on DSK11ZRN23PROD with house March 1, 2021 CONGRESSIONAL RECORD — HOUSE H867 Hobson’s choice. They can take the States—not the Federal Government, Mr. RESCHENTHALER. Mr. Speak- Democrats’ bill or they can take the but States—on the electoral college. er, I thank Ranking Member COLE for Democrats’ bill with no other options. Two-thirds of the members of the yielding me the time. But I, along with my fellow Repub- House Republican Conference—two- Mr. Speaker, H.R. 1, which should licans, reject that idea. We fully recog- thirds—objected to the results of the more appropriately be titled, the for nize the critical need for reform. My electoral college, and, in many cases, the politicians act, is nothing more colleagues, both in the House and in States that had Republican leadership than a top-down Federal power grab the Senate, have put together our own and Republicans serving as secretaries that nationalizes our elections and em- package, the JUSTICE Act, filled with of state or as elections commissioners. powers the Democratic party to perma- bipartisan reforms that could pass both So I would suggest that since—for nently hold on to their majority. the House and the Senate and be signed the first time since 1800, when John Article I, Section 4 of the U.S. Con- into law quickly. These reforms in- Adams turned over the keys to the stitution gives States the primary role clude critical measures, like providing White House to President Jefferson and in establishing election law and in ad- funding for body cameras for police of- we observed the first peaceful transfer ministering elections. H.R. 1 upends this constitutional bal- ficers, requiring deescalation proce- of power from one party to another, ance by forcing States to permanently dures, and banning choke holds. that since that foundational moment expand mail-in voting, legalize ballot My colleague, Representative in American history over two centuries harvesting, and disregard voter ID STAUBER, offered this as an amendment ago, this is the first time that people in laws. Even more alarming, this bill al- at the Rules Committee earlier today, this House have objected so strenu- lows for the first-ever Federal funding but, once again, the majority chose to ously and systematically to the results of the free and fair election of the of campaigns, creating a 6 to 1 govern- shut out Republicans and refused to ment match to small-dollar donors. make this amendment in order. American people. So we are for the people. We want to This means that for every $200 donated, That is a sad state of affairs, Mr. the Federal Government would con- Speaker, but the real losers here are continue to expand ballot access, and we want nothing more than those wish- tribute $1,200. Additionally, certain the American people. This is an issue voters will be given publicly funded we can and should cooperate on. I urge es of the American public to be re- spected by their elected officials. vouchers to donate to candidates of my colleagues in the majority to their choice. rethink the path they are on. On an Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. LOF- H.R. 1 also stifles free speech and em- issue that is this important and this powers President Biden’s IRS to target GREN), the chair of the Committee on critical to the American people, the conservative organizations and deny very best thing we can do is work to- House Administration. Ms. LOFGREN. Mr. Speaker, I thank them their tax-exempt status. gether. And with a reduced majority, I the gentleman for yielding. Our democ- Last, but certainly not least, H.R. 1 think that would actually be good po- racy is in urgent need of repair. The increases vulnerability for foreign elec- litical advice for my friends. tion interference at a time when we American people deserve a transparent, We can work on bipartisan reforms should be increasingly more vigilant inclusive, and healthy democracy, and together and we can produce consensus about hostile regimes seeking to under- H.R. 1 will get us there. legislation that has the buy-in of Mem- It is transformational, a once-in-a- mine our democracy. bers on both sides. Unfortunately, the Mr. Speaker, I urge my colleagues to generation, pro-democracy, anticorrup- majority has once again chosen the op- vote ‘‘no’’ on the rule and ‘‘no’’ on H.R. tion reform package. It is composed of posite path: Partisan bills filled with 1. comprehensive policies for eliminating provisions that do not reflect the best Mr. MORELLE. Mr. Speaker, I yield 3 structural and legal barriers to voting, interest or consensus of the country. minutes to the gentleman from Oregon ending the dominance of big money in We can do better than that, Mr. (Mr. BLUMENAUER). our campaign finance reforms, and im- Speaker. The American people deserve Mr. BLUMENAUER. Mr. Speaker, I plementing real government ethics and better. appreciate the gentleman’s courtesy. accountability reforms. Mr. Speaker, I urge opposition to this Mr. Speaker, H.R. 1 is the most sig- With this landmark bill, we take a rule and the underlying legislation, nificant democracy reform package in giant leap toward ensuring our Repub- and I reserve the balance of my time. a generation. It will make it easier to lic is an authentic and inclusive rep- Mr. MORELLE. Mr. Speaker, I yield vote—regardless of income, ability, ge- resentative democracy, and ensuring myself such time as I may consume. ography, or race; ends the domination the voices of everyday Americans are Mr. Speaker, just a brief comment. of big money in politics; and enacts no longer drowned out by those of As much as it pains me, because I have tougher ethics standards to ensure that wealthy special interests. nothing but incredible admiration and public officials actually work for the respect for my distinguished colleague, b 1945 American people. Mr. Speaker, I am particularly proud the gentleman from Oklahoma, but Article I, Section 4 says this: of three provisions that I helped incor- when it comes to the question of voting ‘‘The times, places and manner of porate into this bill: in the United States, the fact is that holding elections for Senators and Rep- Bringing the Oregon vote-by-mail States right now are working—many of resentatives, shall be prescribed in model nationwide; them overtime—to restrict ballot ac- each State by the legislature thereof; Paving the way for all States to offer cess. That is why it is necessary for the but the Congress may at any time by vote-by-mail and early voting; Congress to step forward, as is given law make or alter such regulations.’’ And automatic voter registration for us, the power in the Constitution, to Mr. Speaker, that is what we are individuals interacting with State make sure that we pass laws that ful- doing here. As the gentleman has said, agencies. fill the dream of voter access for all we had a huge turnout in the 2020 elec- Mr. Speaker, this is personal for me. Americans. tion, despite efforts by some to sup- I started my political career as a col- I do also note that I think it would be press turnout. Now, we see legislatures lege student, testifying before the Sen- much easier for us to believe that there all over the country trying to put bar- ate Judiciary Committee on the con- is good faith on the other side of the riers in place so the American people stitutional amendment to lower the aisle to negotiate some of these items will not be able to exercise their fran- voting age. I spent 2 years of my life and to perhaps reach compromise, but I chise. That is simply wrong. We should working in Oregon on that and on the find it hard to believe—and I stated look to our constitutional obligation national campaign. Subsequently, I this in the Rules Committee—given to make sure that every American has was on a national commission from the what happened over the last several the capacity to vote. Ford Foundation, the National League months, that we would be in this posi- Mr. COLE. Mr. Speaker, I yield 2 of Women Voters, and the Civic League tion, that there is any ability to have minutes to the distinguished gen- to deal with how we were to reform the a belief in good faith. tleman from Pennsylvania (Mr. election process to make it more uni- It is hard to imagine 60 lawsuits were RESCHENTHALER), my good friend, also form and easier for the American peo- brought against decisions made by a member of the Committee on Rules. ple.

VerDate Sep 11 2014 06:40 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.011 H01MRPT1 ctelli on DSK11ZRN23PROD with house H868 CONGRESSIONAL RECORD — HOUSE March 1, 2021 Mr. Speaker, I was proud of that is especially concerning since Demo- Ms. SCANLON. Mr. Speaker, I thank work, but I am a little embarrassed crats changed House floor rules this the gentleman for yielding me time. that that was four decades ago and we Congress to weaken the MTR, making Mr. Speaker, 20 years ago, I began are still talking about the need for committees the only real opportunity volunteering to provide election pro- those reforms. And as my colleagues for the minority to provide an alter- tection services to voters after I saw have mentioned, there are people right native. But now, they are not even political operatives try to block now in various State legislatures that doing that. They are not even holding Swarthmore College students from vot- are actively continuing a process of a markup on this major elections bill. ing by posting signs around their cam- making it hard for Americans to vote. This bill was rushed. And I guarantee pus saying that they could not legally This is embarrassing. This isn’t just a most of my colleagues supporting this vote where they attended college. That matter of what happened with civil bill have no idea how this bill would was a lie. But we had to get a court rights, this has been refined as a high really impact elections or political order to take the signs down. art to be able to gerrymander people speech. But I bet they do know that if Fast forward almost 20 years, and into unrepresentative patterns that un- this bill were to become law, they Haverford College students and their dercuts the ability of politicians se- would get a lot more funds for their neighbors had to wage a multiyear lecting their voters, rather than people own campaigns through the public fi- campaign to get local officials to put a selecting their politicians. nancing provision. polling place on campus. The existing Mr. Speaker, I have been pained by H.R. 1, the for the politicians act, in- polling place was 11⁄2 miles away, in an- the lies that have been made about cludes hundreds of pages of mandates other district entirely, and was incon- mail-in voting. I am the first Member on States and local election adminis- venient for students—most of whom of the House of Representatives to be trators. At the only hearing Congress had no cars—and the majority of resi- elected as a result of a mail-in ballot. has held on this massive bill, the mi- dents alike. We pioneered that in 1996, and we have nority’s witness was the only person on The college offered to provide free space and parking for the polling place, continued to pioneer that effort. And it the panel with experience in actually but students and neighbors were met is secure, it is convenient, it saves running elections. And he told this with excuse after excuse. These excuses money for local government. It allows committee that it would be unwork- were textbook voter suppression tac- people to process this in their own able in States like his. tics used to box out young voters from home, in their own time, in their own Mr. Speaker, we should be reviewing the issues that we saw during the 2020 making their voices heard. way. In an era of the pandemic, it pro- If we have learned anything from this election cycle and helping States de- vides health—keeping older poll work- past election, it is that when we make velop a better process. Simply man- ers from being exposed. it more convenient for eligible voters dating how States run their elections The notion that somehow this is a to vote, they do. problem that justified some of the out- is not only unconstitutional, but it will That is why I am offering an amend- rageous statements and behavior, de- lead to chaos and confusion for voters. ment to H.R. 1 that requires States The for the politicians act creates a fies description. which offer early voting to make it first-ever fund to publicly finance our The SPEAKER pro tempore. The available to polling places serving col- own congressional campaigns by pro- time of the gentleman has expired. lege campuses. It is high time we make viding corporate money, the first cor- Mr. MORELLE. Mr. Speaker, I yield our democracy, our elections, acces- porate dollars allowed into individual the gentleman from Oregon an addi- sible to the generations who will in- Members of Congress’ campaigns since tional 30 seconds. herit the world that we are legislating Mr. BLUMENAUER. Mr. Speaker, I 1907, laundered through the Federal about. am pained with this misrepresentation Government and into Members of Con- Mr. Speaker, I urge my colleagues to that the President of the United States gress’ own campaigns. support the rule, to support my amend- would denigrate mail-in balloting Provisions in this bill also attack ment, and to support final passage of while he, in fact, does it. This has been free speech protections under the First H.R. 1. done by Republicans and Democrats Amendment. We did not have any hear- Mr. COLE. Mr. Speaker, my friend alike. It is secure. It is safe. And it ings on the impact of changing the cur- and I disagree on the two pieces of leg- helps the American people. rent bipartisan balance of the Federal islation today, but we absolutely agree Mr. Speaker, I strongly urge approval Election Commission to a partisan that the Committee on Rules’ meeting of H.R. 1 and rejection of the bogus makeup or the effect that a ‘‘speech was not fun. claims about the problems alleged with czar’’ will have on people’s ability to Mr. Speaker, I yield 1 minute to the mail-in ballots. It is the most secure. It participate in the political process. gentlewoman from Georgia (Mrs. is the most effective. And it is one that Mr. Speaker, this bill is terrible. This GREENE), my friend. I think the public deserves. bill doesn’t address the important Mrs. GREENE of Georgia. Mr. Speak- Mr. COLE. Mr. Speaker, I yield 3 issues that deserve hearings. Any bill er, I rise in opposition today against minutes to the gentleman from Illinois to fundamentally change our elections H.R. 1280. This bill is nothing more (Mr. RODNEY DAVIS), my very good or restrict our freedom of speech than a get-cops-killed campaign. It friend, and the distinguished ranking needs—at the very least—to go through sends one clear message: Democrats member of the Committee on House regular order. The American people de- hate law enforcement. Administration. serve to know what is in this bill and This bill does not bring justice to vic- Mr. RODNEY DAVIS of Illinois. Mr. the real-life impact it will have on tims. It just takes revenge on all of the Speaker, I thank Ranking Member them. men and women in uniform. Mean- COLE and the Committee on Rules. It Mr. Speaker, I urge a ‘‘no’’ vote on while, Speaker PELOSI is surrounded by was a fun day up there for a few hours. the rule and on the underlying bill, and an army of taxpayer-funded law en- This nearly 800-page bill that, if I figure my time has expired since you forcement 24 hours a day, 7 days a signed into law, would impact millions have the gavel. week. of Americans’ right to vote and to par- Mr. MORELLE. Mr. Speaker, I appre- This bill disarms cops and opens ticipate in the political process, was ciate my colleague from Illinois, and I them to frivolous lawsuits by lawyers introduced on January 4 of this year. may not agree with him very much on representing criminals who got their And the first and only hearing on H.R. this subject. But I really disagree if he feelings hurt simply because they 1 was held just 4 days ago, in the small- thinks the Committee on Rules today broke the law and got arrested. est committee in Congress. was fun. He must be a heck of a cheap Speaker PELOSI is putting police on a Democrats on the Committee on date. hit list to be ambushed while on the House Administration also decided a Mr. Speaker, I yield 2 minutes to the job keeping our streets safe. So I have markup of this bill wasn’t needed, de- gentlewoman from Pennsylvania (Ms. one message for Democrats: Shame on spite the fact that both the bill itself SCANLON), my good friend, and distin- you. and the membership of our committee guished colleague from the Committee Shame on you for using these men have changed since last Congress. This on Rules. and women to protect your fortress

VerDate Sep 11 2014 06:40 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.013 H01MRPT1 ctelli on DSK11ZRN23PROD with house March 1, 2021 CONGRESSIONAL RECORD — HOUSE H869 while destroying their rights and liveli- Mr. Speaker, I do want to again just Mr. Speaker, I ask unanimous con- hoods. Don’t call a cop for help if this note, although it has been said ad nau- sent to insert the text of my amend- is how you are going to treat them. seam for the last several months, that ment in the RECORD, along with extra- You should tell them to go home. At while we clearly respect States’ roles neous material, immediately prior to least then, they won’t have to stand in these elections and that it is the the vote on the previous question. guard while you dismantle everything States who run elections and organize The SPEAKER pro tempore. Is there they stand for. them, we do have the power in the Con- objection to the request of the gen- The SPEAKER pro tempore. Mem- gress given to us in the Constitution. tleman from Oklahoma? bers are reminded to address their re- But more importantly, this year, while There was no objection. marks to the Chair. the voters in Georgia, Pennsylvania, Mr. COLE. Mr. Speaker, I urge a Mr. MORELLE. Mr. Speaker, I re- and Arizona cast ballots in free and ‘‘no’’ vote on the previous question. serve the balance of my time. fair and open elections, and those were Mr. Speaker, I yield 5 minutes to the gentlewoman from Oklahoma (Mrs. b 2000 certified repeatedly despite an on- BICE), my good friend, for further ex- slaught of lawsuits brought by the Mr. COLE. Mr. Speaker, I yield 2 planation of the amendment. former President and his advocates, all minutes to the distinguished gen- Mrs. BICE of Oklahoma. Mr. Speaker, tleman from Arkansas (Mr. of which were denied going all the way if we defeat the previous question up to the Supreme Court, our col- WESTERMAN), my very good friend and today, we will call up a resolution that the ranking member of the House Com- leagues didn’t respect those States’ I introduced, H. Res. 178, which would mittee on Natural Resources. elections even though they were cer- instruct the House Clerk to modify the Mr. WESTERMAN. Mr. Speaker, it tified and even though, as we all met text of H.R. 1319, the American Rescue seems like we were just here, debating on what will be one of the darkest days Plan Act, to direct $140 million from in American history on January 6 to a COVID relief bill that was not about Speaker PELOSI’s pork subway project COVID relief but Democrats’ special in- accept and certify those results given and to instead put those funds toward terests. Now, we are debating the rule to us by the States, my colleagues and critical mental health services for the for the so-called For the People Act, friends objected to them. Nation’s children who have continued I am not sure what that says about but it is not for the people but against to suffer in isolation during the their respect for State elections since the people, against our freedom, and COVID–19 pandemic. against our fundamental right to vote. they didn’t respect the results of those My resolution would ensure that H.R. 1, the Democrats’ plan to na- elections, in many cases run by Repub- mental health and suicide prevention tionalize elections, stack the deck in licans in their respective States. services are provided in States where their favor, and pad their campaign ac- Mr. Speaker, I must say I find this a children do not have the option of in- counts with corporate money most curious discussion. If we are not person instruction in school, as isola- laundered through the IRS, is exactly going to abide by the results of elec- tion has been a major driver of mental what this country does not need. tions, and if we are not going to trust health impacts on our Nation’s kids. What we do need are States carrying those various States to submit elec- Mr. Speaker, children across this Na- out Federal elections with integrity tions unless they agree with the out- tion have been disproportionately af- and transparency, as the Constitution come that we want, why we would be fected by the mental health impacts of dictates. We need American voters to arguing so strenuously for the continu- the COVID–19 pandemic. A study by the have confidence in the voting process. ation of State control and no involve- National Institutes of Health found That is what my amendment was de- ment by the Federal Government, de- that social isolation has had a signifi- signed to do. Mr. Speaker, while leav- spite the fact that the Constitution cant impact on America’s children. So- ing the details and specifics of elec- clearly vests that power here in the cial isolation during quarantine has tions to the States, my amendment Congress? caused many to develop feelings of sad- would create two simple standards to Mr. Speaker, I reserve the balance of ness, anxiety, and loneliness. promote integrity and transparency. my time. Unfortunately, a study by the Amer- My amendment would provide stand- Mr. COLE. Mr. Speaker, I yield my- ican Academy of Pediatrics found that ards and best practices for postelection self such time as I may consume. there has been an increase in suicides audits and would be published online Mr. Speaker, just quickly to my among children following the imposi- by each State within 30 days after the friend from New York, I wasn’t here, tion of stay-at-home orders last year. election. My amendment would require and he wasn’t here, but our friends Another study by the Virginia Pedi- States to attest to the security and ac- thought to challenge in this Chamber atrics Association found a 90 percent curacy of their voter ID requirements the election in 2001, after 2000. I was rise in cases among children involving and maintenance of voter registration here in 2004 when they challenged a depression, anxiety, and academic lists. State and demanded a recount. Then, I struggles. While H.R. 1 actually forbids voter ID was here in 2017 when my friends on the Mr. Speaker, there is hope. The CDC laws, Mr. Speaker, you have to have an other side sought to challenge 10 dif- recently released new guidelines that ID to buy tobacco and alcohol in this ferent States. So, let’s not act like this recommend students return to in-per- country. What is the problem with hav- is somehow unusual. son instruction where it can be done ing to identify who you are to vote? Mr. Speaker, another part of today’s safely. Dr. Anthony Fauci himself has Two simple provisions to promote in- rule includes a provision to deem backed these new guidelines and has tegrity and transparency, but my col- passed a correction to last week’s spoken in support of getting our Na- leagues across the aisle must not be budget reconciliation measure. Given tion’s kids back in school. here for integrity, transparency, and that the majority now wishes to reopen The feelings of social isolation felt improving voter confidence in our elec- last week’s reconciliation, it is cer- by so many children today can be tions because they wouldn’t even make tainly appropriate to further amend quickly alleviated by reopening our my amendment in order. that resolution to correct one of the schools. In areas of the country where Mr. Speaker, since we can’t have a more egregious provisions in it. reopenings are not happening, my reso- debate in committee or here on the If we defeat the previous question, I lution would provide $140 million to floor, I will file the Voter ID Act, and will offer an amendment to the rule to bolster mental healthcare for these af- then maybe my friends can explain to immediately adopt H. Res. 178, an en- fected children. I think we can all the American people why they are op- grossment correction to strike funding agree that the mental health impacts posed to election integrity and trans- in the budget reconciliation bill for the on our children should be swiftly ad- parency and what is wrong with having Pelosi subway tunnel in California and dressed on a bipartisan basis. to verify the identification of voters. instead direct the $140 million to sup- Mr. Speaker, let me state again that Mr. Speaker, I urge a ‘‘no’’ vote on port mental health and suicide preven- America’s children deserve the very the rule and the underlying bill. tion in States where children do not best. Let’s defeat the previous question Mr. MORELLE. Mr. Speaker, I yield have the option of in-person instruc- today so that we can provide needed re- myself such time as I may consume. tion in school. lief and critical mental health services

VerDate Sep 11 2014 06:40 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.015 H01MRPT1 ctelli on DSK11ZRN23PROD with house H870 CONGRESSIONAL RECORD — HOUSE March 1, 2021 to children who are suffering across the gious partisan overreach. On H.R. 1280, the needs and concerns and wishes and Nation. there really is an opportunity for bi- results of American elections and their Mr. Speaker, I urge my colleagues to partisan cooperation. The JUSTICE expression of the will of the people of vote to defeat the previous question. Act that Mr. STAUBER filed last year this country. Mr. MORELLE. Mr. Speaker, I yield and presented today as an amendment Mr. Speaker, what I find troubling myself such time as I may consume. has a great deal in common with some right now is that friends across the Mr. Speaker, as I indicated when I of the objectives I know my friends aisle seem to be focused not so much began my comments this evening, I want to achieve on their side of the on learning the lessons given to us by have nothing but the greatest admira- aisle. those voters, by the American public, tion and respect for the distinguished Mr. Speaker, in an almost evenly di- as expressed in the first Tuesday after ranking member of the Rules Com- vided House and an evenly divided Sen- the first Monday in November. mittee. ate that still has the filibuster, you But instead, conscientious, by-design I don’t want to be argumentative, can’t do things by reconciliation every work to limit those who would want but I would note that I think there is day. Most days, to get much done, it is access to the ballot so that they can a significant and substantial difference going to require bipartisan coopera- choose the voters, as opposed to the between a symbolic objection made by tion. other way around—disenfranchising one or two Members to the electoral We often say that never happens. The those, and setting up barriers, as we college results of a single State versus reality is it happens a lot more than see happening in State capitals across the objection of 140 Members of this people acknowledge. Five times last the country, is troubling indeed. And, I House, particularly as it follows a vio- year we came together as Republicans think, it demonstrates the clear divi- lent, unprecedented attack on what I and Democrats and passed COVID relief sion between the two parties on this consider the sacred cathedral of democ- packages that made a big difference in particular issue. racy, the United States Capitol. this country. We also passed the spend- Mr. Speaker, I reserve the balance of ing bill on a bipartisan basis that fund- b 2015 my time. ed the government for this entire fiscal We seek, and we will always seek, to Mr. COLE. Mr. Speaker, I yield my- year. We did that in the middle of a expand access to make sure that every self the balance of my time. Presidential election year that was ex- single American, every single citizen Mr. Speaker, obviously, I oppose the traordinarily divisive. rule. The majority is proposing two Mr. Speaker, we can work together. I who wants to participate in our democ- significant pieces of legislation today would ask my friends to rethink the racy has the right, because that is how that are, unfortunately, both deeply course of the reconciliation bill and we end up with a better America, and partisan. In neither case has the major- now these two pieces of legislation and we fulfill the promise of moving toward ity allowed Republicans to be involved start thinking about where we can ac- a more perfect Union. in the process of legislating. tually get things done. I think the Mr. Speaker, I thank all of my col- Mr. Speaker, on H.R. 1, the majority George Floyd bill, H.R. 1280, is one of leagues for their words in support of is proposing a deeply troubling take- those places. I also think the appro- the rule before us today. I urge a ‘‘yes’’ over of election practices that will ben- priations process can be one of those vote on the rule and a ‘‘yes’’ vote on efit only Democrats. The bill will take places. We can probably even find some the previous question. away the traditional powers of the common ground on some of the elec- The material previously referred to States to run their own elections as toral issues, although personally, in by Mr. COLE is as follows: they see fit, imposing a one-size-fits-all my view, H.R. 1 is a very flawed piece AMENDMENT TO HOUSE RESOLUTION 179 regime from Washington. of legislation. At the end of the resolution, add the fol- It dumps huge amounts of corporate Mr. Speaker, I want to thank my lowing: money into the campaign finance sys- friend from New York for the debate SEC. 7. House Resolution 178 is hereby adopted. tem, particularly benefiting certain and tell him that, despite our disagree- candidates. It imposes severe restric- ments on these two pieces of legisla- Mr. MORELLE. Mr. Speaker, I yield tions on free speech that are anathema tion, I look forward to working with back the balance of my time, and I to a free and fair election. him. I don’t think either of these are move the previous question on the res- On H.R. 1280, the majority is once likely to get through the United States olution. again seeking to pass the same flawed Senate. I do think we can get a product The SPEAKER pro tempore. The police reform bill it passed last Con- back from the United States Senate question is on ordering the previous gress. that both of us might be able to vote question on the resolution. Mr. Speaker, we had a real oppor- for, in terms of police justice and over- The question was taken; and the tunity here for both Democrats and Re- haul. We will wait and see what hap- Speaker pro tempore announced that publicans to work together to pass real pens with H.R. 1. I am less optimistic the ayes appeared to have it. reforms for the American people. In- we will ever see it again, but I am Mr. COLE. Mr. Speaker, on that I de- stead of taking ‘‘yes’’ for an answer, happy to say good-bye to it out of this mand the yeas and nays. the majority is instead seeking to im- Chamber. The SPEAKER pro tempore. Pursu- pose a deeply partisan bill that will not Mr. Speaker, I urge rejection of the ant to section 3(s) of House Resolution fix the problems or help heal the Amer- rule and I urge rejection of both under- 8, the yeas and nays are ordered. ican people. lying pieces of legislation. The vote was taken by electronic de- Mr. Speaker, we deserve better than Mr. Speaker, I yield back the balance vice, and there were—yeas 220, nays that. The American people are best of my time. 201, not voting 10, as follows: served when their Representatives in Mr. MORELLE. Mr. Speaker, I yield [Roll No. 50] Congress can come together and work myself such time as I may consume. YEAS—220 in a bipartisan manner. One side at- Mr. Speaker, I appreciate very much, Adams Boyle, Brendan Cicilline tempting to impose partisan legisla- as always, the thoughtful comments by Aguilar F. Clark (MA) tion on the country does us all a dis- my colleague and friend, the distin- Allred Brown Clarke (NY) service. Auchincloss Brownley Cleaver guished gentleman from Oklahoma Axne Bush Clyburn Mr. Speaker, I urge my colleagues to (Mr. COLE). Barraga´ n Bustos Cohen rethink this path, reject both of these Mr. Speaker, as it relates to the Bass Butterfield Connolly bills, and return to the negotiating question of matters before us here, we Beatty Carbajal Cooper Bera Ca´ rdenas Correa table and work with Republicans for a do have significant differences in how Beyer Carson Costa brighter future for all Americans. we view access to the ballot. Bishop (GA) Cartwright Courtney Mr. Speaker, I mean this with all sin- I would note that, historically, par- Blumenauer Case Craig cerity. There is a great gap between us ties change. They evolve. Typically, Blunt Rochester Casten Crist Bonamici Castor (FL) Crow on H.R. 1. We just simply look at this because this is in keeping with Amer- Bourdeaux Castro (TX) Cuellar matter differently. I think it is egre- ican democracy, we evolve to reflect Bowman Chu Davids (KS)

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Kirkpatrick Price (NC) Lesko Obernolte Steel [Roll No. 51] Dean Krishnamoorthi Quigley Long Owens Stefanik DeFazio Kuster Raskin Lucas Palazzo Steil YEAS—218 DeGette Lamb Rice (NY) Luetkemeyer Palmer Steube Adams Gonzalez, Ocasio-Cortez DeLauro Langevin Ross Mace Pence Stewart Aguilar Vicente Omar DelBene Larsen (WA) Roybal-Allard Malliotakis Perry Stivers Allred Gottheimer Pallone Delgado Larson (CT) Ruiz Mann Pfluger Taylor Auchincloss Green, Al (TX) Panetta Demings Lawrence Ruppersberger Massie Posey Tenney Axne Grijalva Pappas Mast Reed DeSaulnier Lawson (FL) Rush Thompson (PA) Barraga´ n Haaland Pascrell Deutch Lee (CA) Ryan McCarthy Reschenthaler Tiffany Bass Harder (CA) Payne Dingell Lee (NV) Sa´ nchez McCaul Rice (SC) Timmons Beatty Hastings Perlmutter Doggett Leger Fernandez Sarbanes McClain Rodgers (WA) Bera Hayes Peters Doyle, Michael Levin (CA) Scanlon McClintock Rogers (AL) Turner Beyer Higgins (NY) Phillips F. Levin (MI) Schakowsky McHenry Rogers (KY) Upton Bishop (GA) Himes Pingree Escobar Lieu Schiff McKinley Rose Valadao Blumenauer Horsford Pocan Eshoo Lofgren Schneider Meijer Rosendale Van Drew Blunt Rochester Houlahan Porter Espaillat Lowenthal Schrader Meuser Rouzer Wagner Bonamici Hoyer Evans Luria Schrier Miller (IL) Roy Walberg Pressley Bourdeaux Huffman Price (NC) Fletcher Lynch Scott (VA) Miller (WV) Rutherford Walorski Bowman Jackson Lee Quigley Foster Malinowski Scott, David Miller-Meeks Salazar Waltz Boyle, Brendan Jacobs (CA) Raskin Frankel, Lois Maloney, Sewell Moolenaar Scalise Weber (TX) F. Jayapal Rice (NY) Fudge Carolyn B. Sherman Mooney Schweikert Webster (FL) Brown Jeffries Ross Gallego Maloney, Sean Sherrill Moore (AL) Scott, Austin Wenstrup Brownley Johnson (GA) Roybal-Allard Garamendi Manning Sires Moore (UT) Simpson Westerman Bush Johnson (TX) Ruiz Garcı´a (IL) Matsui Slotkin Mullin Smith (MO) Williams (TX) Bustos Jones Ruppersberger Garcia (TX) McBath Smith (WA) Murphy (NC) Smith (NE) Wilson (SC) Butterfield Kahele Nehls Rush Golden McCollum Soto Smith (NJ) Womack Carbajal Kaptur Gomez McEachin Spanberger Newhouse Smucker Ryan Young Ca´ rdenas Keating Gonzalez, McGovern Speier Norman Spartz Sa´ nchez Zeldin Carson Kelly (IL) Vicente McNerney Stanton Nunes Stauber Cartwright Khanna Sarbanes Gottheimer Meeks Stevens Scanlon NOT VOTING—10 Case Kildee Green, Al (TX) Meng Strickland Casten Kilmer Schakowsky Grijalva Mfume Suozzi Calvert Graves (MO) Van Duyne Castor (FL) Kim (NJ) Schiff Haaland Moore (WI) Swalwell Carter (TX) Johnson (SD) Wittman Castro (TX) Kirkpatrick Schneider Harder (CA) Morelle Takano Crenshaw Loudermilk Chu Krishnamoorthi Schrader Hastings Moulton Thompson (CA) Estes Sessions Cicilline Kuster Schrier Hayes Mrvan Thompson (MS) Clark (MA) Lamb Scott (VA) Higgins (NY) Murphy (FL) Titus Clarke (NY) Langevin Scott, David Himes Nadler Tlaib b 2105 Cleaver Larsen (WA) Sewell Horsford Napolitano Tonko Clyburn Larson (CT) Sherman Houlahan Neal Torres (CA) Messrs. AUSTIN SCOTT of Georgia, Cohen Lawrence Sherrill Hoyer Neguse Torres (NY) GONZALEZ of Ohio, and KINZINGER Connolly Lawson (FL) Sires Huffman Newman Trahan changed their vote from ‘‘yea’’ to Cooper Lee (CA) Slotkin Jackson Lee Norcross Trone ‘‘nay.’’ Correa Lee (NV) Smith (WA) Jacobs (CA) O’Halleran Underwood Costa Leger Fernandez Soto Jayapal Ocasio-Cortez Vargas So the previous question was ordered. Courtney Levin (CA) Spanberger Jeffries Omar Veasey The result of the vote was announced Craig Levin (MI) Speier Johnson (GA) Pallone Vela Crist Lieu Stanton Johnson (TX) Panetta Vela´ zquez as above recorded. Crow Lofgren Stevens Jones Pappas Wasserman MEMBERS RECORDED PURSUANT TO HOUSE Cuellar Lowenthal Strickland Kahele Pascrell Schultz RESOLUTION 8, 117TH CONGRESS Davids (KS) Luria Suozzi Kaptur Payne Waters Davis, Danny K. Lynch Beatty (Johnson Huffman Norman (Rice Swalwell Keating Perlmutter Watson Coleman Dean Malinowski (GA)) (McNerney) (SC)) Takano Kelly (IL) Peters Welch DeFazio Maloney, Buchanan Katko (Stefanik) Palazzo Thompson (CA) Khanna Phillips Wexton DeGette Carolyn B. (LaHood) (Fleischmann) Thompson (MS) Kildee Pingree Wild Kind (Connolly) DeLauro Maloney, Sean Ca´ rdenas Payne Titus Kilmer Pocan Williams (GA) Kirkpatrick DelBene Manning (Gomez) (Wasserman Tlaib Kim (NJ) Porter Wilson (FL) (Stanton) Delgado Matsui DeSaulnier Schultz) Tonko Kind Pressley Yarmuth Langevin Demings McBath (Matsui) Pingree (Kuster) Torres (CA) (Lynch) DeSaulnier McCollum DesJarlais Reed (Arrington) NAYS—201 Lawson (FL) Deutch McEachin Torres (NY) (Fleischmann) Rodgers (WA) (Evans) Dingell McGovern Trahan Aderholt Crawford Griffith Deutch (Rice (Herrera Lieu (Beyer) Doggett McNerney Trone Allen Curtis Grothman (NY)) Beutler) Lowenthal Doyle, Michael Meeks Underwood Amodei Davidson Guest Frankel, Lois Roybal-Allard (Beyer) F. Meng Vargas Armstrong Davis, Rodney Guthrie (Clark (MA)) (Escobar) McEachin Escobar Mfume Veasey Arrington DesJarlais Hagedorn Fudge (Kaptur) Ruiz (Aguilar) (Wexton) Eshoo Moore (WI) Vela Babin Diaz-Balart Harris Gaetz (McHenry) Rush Espaillat Morelle Vela´ zquez Bacon Donalds Harshbarger Gonzalez, Meng (Clark (Underwood) Evans Moulton Wasserman Baird Duncan Hartzler Vicente (MA)) Speier (Scanlon) Fletcher Mrvan Schultz Balderson Dunn Hern (Gomez) Moore (WI) Thompson (MS) Foster Murphy (FL) Waters Banks Emmer Herrell Granger (Beyer) (Butterfield) Frankel, Lois Nadler Watson Coleman Barr Fallon Herrera Beutler (Arrington) Moulton Timmons (Green Fudge Napolitano Welch Bentz Feenstra Hice (GA) Grijalva (Garcı´a (Trahan) (TN)) Gallego Neal Wexton Bergman Ferguson Higgins (LA) (IL)) Mrvan (Kelly Vargas (Correa) Garamendi Neguse Wild Bice (OK) Fischbach Hill Hastings (IL)) Watson Coleman Garcı´a (IL) Newman Williams (GA) Biggs Fitzgerald Hinson (Wasserman Nadler (Jeffries) (Pallone) Garcia (TX) Norcross Wilson (FL) Bilirakis Fitzpatrick Hollingsworth Schultz) Napolitano Wilson (FL) Gomez O’Halleran Yarmuth Bishop (NC) Fleischmann Hudson Higgins (NY) (Correa) (Hayes) Boebert Fortenberry Huizenga (Kildee) Neguse Young NAYS—207 Bost Foxx Issa Horsford (Kildee) (Perlmutter) (Malliotakis) Brady Franklin, C. Jackson Aderholt Brady Cole Brooks Scott Jacobs (NY) The SPEAKER pro tempore (Mr. Allen Brooks Comer Buchanan Fulcher Johnson (LA) CUELLAR). The question is on the adop- Amodei Buchanan Crawford Buck Gaetz Johnson (OH) Armstrong Buck Curtis Bucshon Gallagher Jordan tion of the resolution. Arrington Bucshon Davidson Budd Garbarino Joyce (OH) The question was taken; and the Babin Budd Davis, Rodney Burchett Garcia (CA) Joyce (PA) Speaker pro tempore announced that Bacon Burchett DesJarlais Burgess Gibbs Katko Baird Burgess Diaz-Balart Cammack Gimenez Keller the ayes appeared to have it. Balderson Calvert Donalds Carl Gohmert Kelly (MS) Mr. COLE. Mr. Speaker, on that I de- Banks Cammack Duncan Carter (GA) Gonzales, Tony Kelly (PA) mand the yeas and nays. Barr Carl Dunn Cawthorn Gonzalez (OH) Kim (CA) The SPEAKER pro tempore. Pursu- Bentz Carter (GA) Emmer Chabot Good (VA) Kinzinger Bergman Carter (TX) Estes Cheney Gooden (TX) Kustoff ant to section 3(s) of House Resolution Bice (OK) Cawthorn Fallon Cline Gosar LaHood 8, the yeas and nays are ordered. Biggs Chabot Feenstra Cloud Granger LaMalfa The vote was taken by electronic de- Bilirakis Cheney Ferguson Clyde Graves (LA) Lamborn Bishop (NC) Cline Fischbach Cole Green (TN) Latta vice, and there were—yeas 218, nays Boebert Cloud Fitzgerald Comer Greene (GA) LaTurner 207, not voting 6, as follows: Bost Clyde Fitzpatrick

VerDate Sep 11 2014 06:47 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.020 H01MRPT1 ctelli on DSK11ZRN23PROD with house H872 CONGRESSIONAL RECORD — HOUSE March 1, 2021 Fleischmann Keller Reschenthaler Palazzo Rodgers (WA) Thompson (MS) resentatives files with the Clerk the report Fortenberry Kelly (MS) Rice (SC) (Fleischmann) (Herrera (Butterfield) required under section 101(d) of such Act, the Foxx Kelly (PA) Rodgers (WA) Payne Beutler) Timmons (Green candidate or Member may file a statement Franklin, C. Kim (CA) Rogers (AL) (Wasserman Roybal-Allard (TN)) Scott Kind (Escobar) Vargas (Correa) indicating whether or not the candidate or Rogers (KY) Schultz) Member intends to be a participating can- Fulcher Kinzinger Rose Pingree (Kuster) Ruiz (Aguilar) Watson Coleman didate under title V of the Federal Election Gaetz Kustoff Rosendale Reed (Arrington) Rush (Pallone) Gallagher LaHood Rouzer (Underwood) Wilson (FL) Campaign Act of 1971 (as added by part 2 of Garbarino LaMalfa Roy Speier (Scanlon) (Hayes) subtitle B of title V of the For the People Garcia (CA) Lamborn Rutherford Act of 2021) with respect to the next election Gibbs Latta f Salazar for such office which is held after the can- Gimenez LaTurner Scalise Gohmert Lesko DIRECTING THE CLERK OF THE didate or Member files the report and for Schweikert Golden Long HOUSE OF REPRESENTATIVES which the small donor financing system Scott, Austin Gonzales, Tony Lucas TO MAKE A CORRECTION IN THE under such title is in effect. Gonzalez (OH) Luetkemeyer Simpson (b) POSTING.—The Clerk shall post on the Good (VA) Mace Smith (MO) ENGROSSMENT OF H.R. 1319 official public website of the Office of the Gooden (TX) Malliotakis Smith (NE) Clerk each statement filed under subsection Smith (NJ) The SPEAKER pro tempore. Pursu- Gosar Mann (a). Smucker ant to section 6(a) of House Resolution Granger Massie (c) EFFECTIVE DATE.—This section shall Spartz 179, H. Res. 176 is hereby adopted. Graves (LA) Mast apply with respect to reports filed on or after Green (TN) McCarthy Stauber The text of the resolution is as fol- the date of the adoption of this resolution. Greene (GA) McCaul Steel lows: Griffith McClain Stefanik f Grothman McClintock Steil H. RES. 176 Guest McHenry Steube Resolved, That the Clerk of the House of UNVEILING OF COLUMBIA, SOUTH Guthrie McKinley Stewart Representatives shall, in the engrossment of CAROLINA, MONUMENT Hagedorn Meijer Stivers the bill H.R. 1319, make the following correc- Harris Meuser Taylor (Mr. CLYBURN asked and was given tions: Harshbarger Miller (IL) Tenney permission to address the House for 1 (1) Strike section 2103 and redesignate sec- Hartzler Miller (WV) Thompson (PA) minute and to revise and extend his re- Hern Miller-Meeks Tiffany tion 2104 as section 2103 (and amend the table Herrell Moolenaar of contents in section 2 accordingly). marks.) Timmons Mr. CLYBURN. Madam Speaker, to- Herrera Beutler Mooney Turner (2) Strike paragraph (5) in section 2401(a). Hice (GA) Moore (AL) Upton (3) Redesignate paragraphs (6), (7), (8), (9), morrow, at noon, the city of Columbia, Higgins (LA) Moore (UT) Valadao South Carolina, Historic Columbia, and Hill Mullin (10), and (11) in section 2401(a) as paragraphs Van Drew Hinson Murphy (NC) (5), (6), (7), (8), (9), and (10), respectively. the University of South Carolina will Van Duyne Hollingsworth Nehls (4) In paragraph (7) of section 2401(a), as re- unveil a monument that will mark the Hudson Newhouse Wagner designated by paragraph (3), strike ‘‘para- Walberg 60th anniversary of the landmark case Huizenga Norman graphs (5), (6), (7), and (9)’’ and insert ‘‘para- Edwards v. South Carolina. Issa Nunes Walorski Waltz graphs (5), (6), and (8)’’. That case resulted from the protest Jackson Obernolte (5) In paragraph (8) of section 2401(a), as so Jacobs (NY) Owens Weber (TX) march of almost 200 college and high redesignated, strike ‘‘paragraph (6)(C)’’ and Johnson (LA) Palazzo Webster (FL) school students from across South Johnson (OH) Palmer Wenstrup insert ‘‘paragraph (5)(C)’’. Johnson (SD) Pence Westerman (6) Strike paragraph (5) in section 9501(a). Carolina who came to Columbia to pro- Jordan Perry Williams (TX) (7) Redesignate paragraphs (6), (7), (8), (9), test segregation, discrimination, and Joyce (OH) Pfluger Wilson (SC) (10), and (11) of section 9501(a) as paragraphs what amounted to apartheid. Joyce (PA) Posey Womack (5), (6), (7), (8), (9), and (10), respectively. Madam Speaker, 192 or 193 of us were Katko Reed Zeldin (8) In paragraph (7) of section 9501(a), as re- arrested on that day, and 189 were con- NOT VOTING—6 designated by paragraph (7), strike ‘‘para- victed. Two years later, the Supreme Crenshaw Loudermilk Wittman graphs (5), (6), (7), and (9)’’ and insert ‘‘para- Court of the United States overturned Graves (MO) Sessions Young graphs (5), (6), and (8)’’. those convictions in this historic and (9) In paragraph (8) of section 9501(a), as so redesignated, strike ‘‘paragraph (6)(C)’’ and landmark case against South Carolina, b 2151 insert ‘‘paragraph (5)(C)’’. which rendered an end to any State So the resolution was agreed to. passing laws to subject protest march- f The result of the vote was announced ers to anything but what they were. as above recorded. AUTHORIZING CANDIDATES FOR Madam Speaker, tomorrow, I will A motion to reconsider was laid on ELECTION TO THE HOUSE OF submit a full statement, thanking the table. REPRESENTATIVES AND MEM- those for doing so. f PERSONAL EXPLANATION BERS OF THE HOUSE OF REP- Mr. MCGOVERN. Mr. Speaker, I was un- RESENTATIVES TO FILE STATE- CELEBRATING 10TH ANNIVERSARY avoidably absent on Monday, March 1, 2021. MENTS WITH THE CLERK RE- OF MOSES LAKE BAPTIST CHURCH On the Motion on Ordering the Previous GARDING THE INTENTION TO (Mr. NEWHOUSE asked and was Question on the Rule, H. Res. 179, if I had PARTICIPATE OR NOT PARTICI- given permission to address the House been present, I would have voted YES. PATE IN THE SMALL DONOR FI- for 1 minute and to revise and extend On H. Res. 179, the rule Providing for con- NANCING SYSTEM FOR SUCH his remarks.) sideration of H.R. 1 and H.R. 1280, if I had ELECTIONS UNDER TITLE V OF Mr. NEWHOUSE. Madam Speaker, been present, I would have voted YES. THE FEDERAL ELECTION CAM- today, I rise to celebrate the 10th anni- MEMBERS RECORDED PURSUANT TO HOUSE PAIGN ACT OF 1971. versary of Moses Lake Baptist Church RESOLUTION 8, 117TH CONGRESS The SPEAKER pro tempore. Pursu- and to sincerely thank them for their Beatty (Johnson Granger Lieu (Beyer) ant to section 6(b) of House Resolution contributions to the Moses Lake com- (GA)) (Arrington) Lowenthal 179, H. Res. 177 is hereby adopted. munity. Buchanan Grijalva (Garcı´a (Beyer) Madam Speaker, central Washing- (IL)) McEachin The text of the resolution is as fol- (LaHood) tonians are people of deep and sincere Ca´ rdenas Hastings (Wexton) lows: (Gomez) (Wasserman Meng (Clark H. RES. 177 faith. We know firsthand that churches Schultz) (MA)) DeSaulnier Resolved, and faith-based organizations like the (Matsui) Higgins (NY) Moore (WI) (Kildee) (Beyer) Moses Lake Baptist Church are funda- DesJarlais SECTION 1. AUTHORIZATION OF FILING OF Horsford (Kildee) Moulton STATEMENTS REGARDING INTENT mental to the well-being and very fiber (Fleischmann) Huffman (Trahan) TO PARTICIPATE OR NOT PARTICI- Deutch (Rice of our local communities. (McNerney) Mrvan (Kelly PATE IN SMALL DONOR FINANCING From performing acts of service, to (NY)) Katko (Stefanik) (IL)) SYSTEM FOR HOUSE CANDIDATES. Frankel, Lois ensuring the spiritual and emotional Kind (Connolly) Nadler (Jeffries) (a) IN GENERAL.—At the time a candidate (Clark (MA)) health of their congregants, particu- Kirkpatrick Napolitano for nomination or election for the office of Fudge (Kaptur) (Stanton) (Correa) Member of the House of Representatives files larly during the challenging times of Gaetz (McHenry) Langevin Neguse the past year, Moses Lake Baptist Gonzalez, (Lynch) (Perlmutter) with the Clerk the report required under sec- Vicente Lawson (FL) Norman (Rice tion 101(c) of the Ethics in Government Act Church goes above and beyond to de- (Gomez) (Evans) (SC)) of 1989, or a Member of the House of Rep- liver the Word of God to individuals

VerDate Sep 11 2014 06:47 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.017 H01MRPT1 ctelli on DSK11ZRN23PROD with house March 1, 2021 CONGRESSIONAL RECORD — HOUSE H873 and families throughout central Wash- lected by the Pennsylvania Chapter of RECOGNIZING THE SERVICE OF ington. Students Against Destructive Deci- AMBASSADOR DAVID M. FRIED- Madam Speaker, I have personally sions to serve as an ambassador for the MAN experienced the kindness and prayers upcoming year. (Mr. HILL asked and was given per- of the leadership, including Pastor Students Against Destructive Deci- mission to address the House for 1 Dennis Fountain and the congregation sions, often referred to as SADD, is the minute and to revise and extend his re- at the church. I know firsthand how Nation’s premier youth health and marks.) they spread the message of love safety organization. The organization’s Mr. HILL. Madam Speaker, I rise through God’s teachings. mission is to empower young people to today to give thanks for the service of Madam Speaker, as we celebrate 10 successfully confront the risks and David M. Friedman, recently our Am- years of faithful service, I extend my pressures that challenge them through- bassador from the United States to congratulations to Moses Lake Baptist out their daily lives. Justice will play Israel. Church and wish them many more dec- an integral role in achieving that mis- As Ambassador, Mr. Friedman ades of blessing our community. sion and raising awareness across the strengthened our bond with Israel, f Commonwealth. Most recently, Justice took our partnership to new heights, SUPPORT COVID–19 HOSPITAL has shifted her focus to the dangers of secured peaceful relationships for LOAN CONVERSION vaping and electronic cigarettes. Israel in the Middle East, and was in- Justice’s school principal had noth- fluential in moving the U.S. Embassy (Ms. KAPTUR asked and was given ing but great things to say about her. to Jerusalem. permission to address the House for 1 He said, ‘‘Justice is a leader among her Through his diligent work, Mr. Fried- minute and to revise and extend her re- peers, and she strives to make positive man set in motion the peaceful resolu- marks.) decisions while making those around tion of Israel-Arab conflicts. His hard Ms. KAPTUR. Madam Speaker, I rise her better. We are very proud of Jus- work and service set the standard for to support and ask my colleagues to tice here at Portage Area.’’ building U.S. diplomatic relationships, support the COVID–19 Hospital Loan Madam Speaker, I am confident Jus- and earned him a well-deserved nomi- Conversion Act, a bipartisan piece of tice’s positive attitude and dedication nation for the Nobel Peace Prize. legislation that I have introduced to helping fellow students will help her I would like to thank Ambassador along with my good friend from Ohio excel in this exciting new role. Friedman for his service, and wish him (Mr. GIBBS). Congratulations, Justice. success in his future endeavors. Madam Speaker, our Nation’s hos- pitals have invested heavily to prepare f f for and care for us during the TRANSFORMING POLICE AND coronavirus pandemic. They canceled THE TRAGIC DEATH OF GEORGE HOLDING BAD ACTORS ACCOUNT- tens of thousands of elective surgeries FLOYD HAS AWAKENED THE NA- ABLE TION and nonemergency patient tests, at the (Ms. LEE of California asked and was government’s request, to help ensure (Ms. JACKSON LEE asked and was given permission to address the House adequate hospital capacity, preserve given permission to address the House for 1 minute and to revise and extend gear and equipment, and reduce the for 1 minute.) her remarks.) risk of unnecessary patient spread. Ms. JACKSON LEE. Madam Speaker, Ms. LEE of California. Madam Madam Speaker, this major shift has with great expectation, we expect to Speaker, tonight, I stand with my Con- put some of America’s hospitals on the have the George Floyd Justice in Polic- gressional Black Caucus members, brink of financial disaster. While a pro- ing Act on the floor of the House this Congresswoman SHEILA JACKSON LEE vider grant program that costs $175 bil- week. and Congressman JAMAAL BOWMAN, to lion and is designed to provide support I am joined in these special 1-minute call attention to the George Floyd Jus- to all providers is helpful, more sup- speeches by Congressman BOWMAN from tice in Policing Act, which recognizes port is needed, especially in regions New York and Congresswoman LEE that, in order to transform policing, we that fall well below the median house- from California. On behalf of the Con- must hold bad actors accountable while hold income at the national average. gressional Black Caucus, we are here to working to prevent instances of bru- Madam Speaker, this legislation will say that the tragic death of George tality and misconduct. convert Medicare accelerated and ad- Floyd has awakened the Nation and As a mother and a grandmother of vance payment loans to grants to en- the world to the gross injustice that Black men and boys, these issues are sure the additional financial support too many African Americans face on a really personal to me and my family hospitals and other providers direly daily basis. and countless other families who face need. Eight minutes and 46 seconds, and excessive force from law enforcement Hospitals across my district have the world stood up. New Zealand and each and every day. This bill will ad- shared that in the absence of more fi- London, around the world, they all dress racial profiling, create a use-of- nancial support, including this assist- said, enough is enough. force database, improve transparency ance, it is possible they will be forced This legislation will now have quali- with a national police misconduct to close their significantly scaled back fied immunity reform, pattern and database, ban no-knock warrants and operations. practice investigations, the idea of a choke holds, end qualified immunity— Madam Speaker, I ask my colleagues national police misconduct registry, nobody is above the law—and will limit to support the bill, the Gibbs-Kaptur, the Law Enforcement Trust and Integ- the transfer of military-grade equip- Kaptur-Gibbs bill, to help these hos- rity Act banning choke holds, banning ment to State and local law enforce- pitals out. no-knock drug warrants. ment. f It will be a new day in the relation- We stand with the American people ship between police and community. b 2200 to turn this moment of agony into one Crisis units because police do not want of action, as we honor Mr. George RECOGNIZING JUSTICE GIORDANO to be social workers. We know there Floyd’s life and the lives of all those (Mr. THOMPSON of Pennsylvania are officers who believe in protect and killed by police brutality. We will con- asked and was given permission to ad- serve. At the same time, we know the tinue working with the millions of dress the House for 1 minute and to re- Nation does not want police mis- Americans marching and demanding vise and extend his remarks.) conduct. action, and we will not stop until this Mr. THOMPSON of Pennsylvania. Let’s work together, pass this legis- legislation becomes law. Madam Speaker, I rise today to recog- lation, and let it be signed by the As an original cosponsor of this bill, nize Miss Justice Giordano from President of the United States. I thank I urge us to take this opportunity to Cambria County, Pennsylvania. the Congressional Black Caucus for its honor the lives of all police misconduct Justice, a 17-year-old junior at Por- leadership. The world is watching us victims by preventing future cases tage Area High School, has been se- this week. from occurring.

VerDate Sep 11 2014 06:47 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MR7.027 H01MRPT1 ctelli on DSK11ZRN23PROD with house H874 CONGRESSIONAL RECORD — HOUSE March 1, 2021 HONORING THE AMERICAN RED PUBLICATION OF COMMITTEE (e) The Chair of the Committee or of a sub- CROSS RULES committee, as appropriate, shall preside at meetings or hearings. In the absence of the (Mr. CARTER of Georgia asked and RULES OF THE COMMITTEE ON EDUCATION AND Chair of the Committee or of a sub- was given permission to address the LABOR FOR THE 117TH CONGRESS committee, members shall preside as pro- House for 1 minute and to revise and COMMITTEE ON EDUCATION AND vided in clause 2(d) of Rule XI of the Rules of extend his remarks.) LABOR, HOUSE OF REPRESENTA- the House of Representatives. No person other than a Member of Congress or Congres- Mr. CARTER of Georgia. Madam TIVES, Washington, DC, March 1, 2021. sional staff may walk in, stand in, or be seat- Speaker, I rise today to honor the Hon. NANCY PELOSI, ed at the rostrum area during a meeting or American Red Cross for celebrating 140 Speaker, House of Representatives, hearing of the Committee or subcommittee years of service. Washington, DC. unless authorized by the Chair. Since their founding by Clara Barton DEAR MADAM SPEAKER: Pursuant to clause RULE 2. DECORUM in 1881, the American Red Cross has (2) of Rule XI of the Rules of the House of The Chair shall enforce decorum including been paramount in preventing and alle- Representatives, I hereby submit the Rules with regard to actions that impact the of the Committee on Education and Labor health and safety of Members and staff and viating human suffering in the face of for the 117th Congress for publication in the emergencies. anyone else present. Congressional Record. These Committee RULE 3. STANDING SUBCOMMITTEES AND As an organization, they aspire to Rules were adopted in an open meeting of JURISDICTION turn compassion into action so that the Committee on February 8, 2021, by voice (a) There shall be five standing sub- vote. countless individuals affected by dis- committees. In addition to conducting over- aster receive care, shelter, and hope. Thank you for your attention to this mat- ter. sight in the area of their respective jurisdic- They are part of the world’s largest Sincerely, tions as required in clause 2 of Rule X of the Rules of the House of Representatives, each volunteer network found in nearly 200 ROBERT C. ‘‘BOBBY’’ SCOTT, subcommittee shall have the following juris- countries. The American Red Cross de- Chairman. veloped the first nationwide civilian diction: RULE 1. REGULAR, ADDITIONAL, AND SPECIAL Subcommittee on Early Childhood, Elemen- blood program in the 1940s, and they MEETINGS tary, and Secondary Education.—Education still provide more than 40 percent of (a) Regular meetings of the Committee from early learning through the high school the blood products in this country. shall be held on the second Wednesday of level, including but not limited to early care As we continue to navigate this each month at 10:00 a.m., while the House is and education programs such as the Head health crisis, they remain steadfast in in session. The Committee shall meet for the Start Act and the Child Care and Develop- their commitment to delivering much- consideration of a bill or resolution pending ment Block Grant Act, special education, before the Committee or the transaction of and homeless and migrant education; over- needed services to communities across other committee business on regular meet- seas dependent schools; career and technical the Nation. I am extremely grateful for ing days fixed by the Committee if notice is education; school climate and safety, includ- the work the American Red Cross has given in accordance with clause 2(g)(3) of ing alcohol and drug abuse prevention; edu- done to uplift those in need. Rule XI of the Rules of the House of Rep- cational equity, including facilities; edu- resentatives. cational research and improvement, includ- (b) The Chair may call and convene, as he ing the Institute of Education Sciences; and f or she considers necessary, additional meet- pre-service and in-service teacher profes- ings of the Committee for the consideration sional development, including Title II of the A LIFETIME OF DEALING WITH of any bill or resolution pending before the Elementary and Secondary Education Act POLICE BRUTALITY AND POLICE Committee or for the conduct of other Com- and Title II of the Higher Education Act. MISCONDUCT mittee business. Subcommittee on Higher Education and Work- (c) If at least three members of the Com- force Investment.—Education and workforce (Mr. BOWMAN asked and was given mittee desire that a special meeting of the development beyond the high school level, permission to address the House for 1 Committee be called by the Chair, those including but not limited to higher edu- minute and to revise and extend his re- members may file with the clerk of the Com- cation generally, postsecondary student as- marks.) mittee their written request to the Chair for sistance and employment services, and the that special meeting. Immediately upon the Higher Education Act, including campus Mr. BOWMAN. Madam Speaker, I rise filing of the request, the staff director of the safety and climate; adult education; postsec- proudly in support of the George Floyd Committee shall notify the Chair of the fil- ondary career and technical education, ap- Justice in Policing Act, along with my ing of the request. If, within three calendar prenticeship programs, and workforce devel- colleagues, Congresswoman JACKSON days after the filing of the request, the Chair opment, including but not limited to the LEE and Congresswoman BARBARA LEE. does not call the requested special meeting Workforce Innovation and Opportunity Act, to be held within seven calendar days after vocational rehabilitation, and workforce de- Unfortunately, I have had a lifetime velopment programs from immigration fees; of dealing with police brutality and po- the filing of the request, a majority of the members of the Committee may file with the programs related to the arts and humanities, lice misconduct. It first happened when clerk of the Committee their written notice museum and library services, and arts and I was 11 years old. I was simply horse- that a special meeting of the Committee will artifacts indemnity; science and technology playing with some of my friends in my be held, specifying the date and hour thereof, programs; and domestic volunteer programs neighborhood when the police ap- and the measure or matter to be considered and national service programs, including the proached us and asked us to keep it at that special meeting. Immediately upon Corporation for National and Community the filing of the notice, the staff director of Service. down. Because we had the audacity to Subcommittee on Workforce Protections.— the Committee shall notify all members of ask a follow-up question, I was grabbed Wages and hours of workers, including but the Committee that such meeting will be on my arm, I was thrown against the not limited to the Davis-Bacon Act, the held and inform them of its date and hour wall, and I was thrown to the ground, Walsh-Healey Act, the Service Contract Act, and the measure or matter to be considered. and the Fair Labor Standards Act; workers’ handcuffed, and night-sticked in the Such notice shall also be made publicly back. compensation, including but not limited to available in electronic form and shall satisfy the Federal Employees’ Compensation Act, Unfortunately, this was the first the notice requirements in clause the Longshore and Harbor Workers’ Com- time, but not the last time. I have been 2(g)(3)(A)(ii) of Rule XI of the Rules of the pensation Act, and the Black Lung Benefits taken out of my car and handcuffed, House of Representatives. The Committee Act; the Migrant and Seasonal Agricultural taken to jail and released without see- shall meet on that date and hour and only Worker Protection Act; the Family and Med- the measure or matter specified in that no- ical Leave Act; the Worker Adjustment and ing a judge. Unfortunately, this is the tice may be considered at that special meet- norm for too many African Americans Retraining Notification Act; the Employee ing. Polygraph Protection Act of 1988; trade, and too many poor people across this (d) Legislative meetings of the Committee international labor rights, and immigration country. and its subcommittees shall be open to the issues as they affect employers and workers; So I ask my colleagues on both sides public, including radio, television, and still and workers’ safety and health, including of the aisle to support the George photography coverage, unless such meetings but not limited to occupational safety and Floyd Justice in Policing Act so that are closed pursuant to the requirements of health, mine safety and health, and migrant the Rules of the House of Representatives. and agricultural worker safety and health. we can finally have justice and, most No business meeting of the Committee, other Subcommittee on Health, Employment, Labor, importantly, accountability across this than regularly scheduled meetings, may be and Pensions.—Matters dealing with relation- country. Those who serve us in law en- held without each member being given rea- ships between employers and employees, in- forcement are not above the law. sonable notice. cluding but not limited to the National

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Labor Relations Act, the Labor-Management RULE 8. HEARING PROCEDURE witnesses only when the member has been Relations Act, and the Labor-Management (a) The Chair, in the case of hearings to be recognized by the Chair for that purpose, and Reporting and Disclosure Act; the Bureau of conducted by the Committee, and the appro- only for a five-minute period until all mem- Labor Statistics; and employment-related priate subcommittee chair, in the case of bers present have had an opportunity to health and retirement security, including hearings to be conducted by a subcommittee, question a witness. The questioning of wit- but not limited to pension, health, other em- shall make public announcement of the date, nesses in both Committee and subcommittee ployee benefits, and the Employee Retire- place, and subject matter of any hearing to hearings shall be initiated by the Chair, fol- ment Income Security Act. be conducted on any measure or matter at lowed by the Ranking Member and all other Subcommittee on Civil Rights and Human least one week before the commencement of members alternating between the majority Services.—Matters relating to equal employ- that hearing unless the Chair of the Com- and minority party. The Chair shall exercise ment opportunities and civil rights gen- mittee, with the concurrence of the Ranking discretion in determining the order in which erally; welfare reform programs, including Member, determines that there is good cause members will be recognized. In recognizing but not limited to work incentive programs to begin such hearing at an earlier date or members to question witnesses in this fash- and welfare-to-work requirements; poverty the Committee so determines by majority ion, the Chair shall take into consideration and human services programs, including but vote in the presence of the number of mem- the ratio of the majority to minority party not limited to the Community Services bers required under the rules of the Com- members present and shall establish the Block Grant Act and the Low Income Home mittee for the transaction of business. In the order of recognition for questioning in such Energy Assistance Program; the Native latter event, the Chair or the subcommittee a manner as not to place the members of the American Programs Act; school lunch and chair, as the case may be, shall have such an majority party in a disadvantageous posi- child nutrition programs; matters dealing announcement promptly published in the tion. with programs and services for the elderly, Daily Digest and made publicly available in (b) The Chair may permit a specified num- including but not limited to nutrition pro- electronic form. To the extent practicable, ber of members to question a witness for grams and the Older Americans Act; adoles- the Chair or the subcommittee chair shall longer than five minutes. The time for ex- cent development programs, including but make public announcement of the final list tended questioning of a witness under this not limited to those providing for the care of witnesses scheduled to testify at least 48 clause shall be equal for the majority party and treatment of certain at-risk youth such hours before the commencement of the hear- and the minority party and may not exceed as the Juvenile Justice and Delinquency Pre- ing. The staff director of the Committee one hour in the aggregate. vention Act and the Runaway and Homeless shall promptly notify the Daily Digest Clerk (c) The Chair may permit Committee staff of the Congressional Record as soon as prac- Youth Act; and matters dealing with child for the majority and the minority party ticable after such public announcement is abuse and domestic violence, including but members to question a witness for equal made. specified periods. The time for extended not limited to the Child Abuse Prevention (b) Subcommittees are authorized to hold questioning of a witness under this clause and Treatment Act and child adoption. hearings, receive exhibits, hear witnesses, (b) The majority party members of the and report to the Committee for final action, shall be equal for the majority party and the Committee may provide for such temporary, together with such recommendations as may minority party and may not exceed one hour ad hoc subcommittees as determined to be be agreed upon by the subcommittee. in the aggregate. appropriate. (c) All opening statements at hearings con- (d) In an investigative hearing or in an ex- RULE 4. EX OFFICIO MEMBERSHIP ducted by the Committee or any sub- ecutive session, the Chair’s authority to ex- The Chair of the Committee and the rank- committee will be made part of the perma- tend questioning under subsection (b) and (c) ing minority party member (‘‘Ranking Mem- nent written record. Opening statements by of this rule shall be equal for the majority ber’’) shall be ex officio members, but not members may not be presented orally, unless and the minority party and may not exceed voting members, of each subcommittee to the Chair of the Committee or any sub- one hour in the aggregate, and shall only be which such Chair or Ranking Member has committee determines that one statement conducted by counsel for the majority and not been assigned, and as ex officio members from the Chair or a designee will be pre- the minority party when authorized under they shall not be counted for the purpose of sented, in which case the Ranking Member subsection (c) of this rule. constituting a quorum. or a designee may also make a statement. If RULE 10. SUBPOENA AUTHORITY a witness scheduled to testify at any hearing RULE 5. SUBCOMMITTEE SCHEDULING The power to authorize and issue sub- of the Committee or any subcommittee is a poenas is delegated to the Chair of the full (a) Subcommittee chair shall set meeting constituent of a member of the Committee or hearing dates after consultation with the Committee, as provided for under clause or subcommittee, such member shall be enti- 2(m)(3)(A)(i) of Rule XI of the Rules of the Chair and other subcommittee chair with a tled to briefly introduce such witness at the view toward avoiding simultaneous sched- House of Representatives. The Chair shall hearing. notify the Ranking Member prior to issuing uling of Committee and subcommittee meet- (d) To the extent practicable, witnesses any subpoena under such authority. To the ings or hearings, wherever possible. No such who are to appear before the Committee or a extent practicable, the Chair shall consult meetings or hearings, however, shall be held subcommittee shall file with the staff direc- with the Ranking Member at least 24 hours outside of Washington, D.C. without the tor of the Committee, at least 48 hours in ad- prior authorization of the Committee Chair. vance of their appearance, a written state- in advance of a subpoena being issued under Where practicable, 14 days’ notice will be ment of their proposed testimony, together such authority, excluding Saturdays, Sun- given of such meeting or hearing. with a brief summary thereof, and shall days, and federal holidays. As soon as prac- (b) Available dates for subcommittee meet- limit their oral presentation to a summary ticable after issuing any subpoena under ings shall be assigned by the Chair to the thereof. The staff director of the Committee such authority, the Chair shall notify in subcommittees as nearly as practicable in shall promptly furnish to the staff director writing all members of the Committee of the rotation and in accordance with their work- of the minority a copy of such testimony issuance of the subpoena. loads. As far as practicable, the Chair shall submitted to the Committee pursuant to this RULE 11. DEPOSITION PROCEDURE not schedule simultaneous subcommittee rule. The Chair of the Committee, or a mem- (a) In accordance with Section 3 of H. Res. markups, a subcommittee markup during a ber designated by the Chair, may administer 8, regarding deposition authority in the full Committee markup, or any hearing dur- oaths to witnesses. House of Representatives, the Chair, upon ing a markup. (e) When any hearing is conducted by the consultation with the Ranking Member, may Committee or any subcommittee upon any RULE 6. SUBCOMMITTEE RULES order the taking of depositions pursuant to measure or matter, the minority party mem- notice or subpoena as contemplated by this The rules of the Committee shall be the bers on the Committee shall be entitled, rules of its subcommittees. rule. upon request to the Chair by a majority of (b) The Chair or majority staff shall con- RULE 7. SPECIAL ASSIGNMENT OF MEMBERS those minority party members before the sult with the Ranking Member or minority To facilitate the oversight and other legis- completion of such hearing, to call witnesses staff no less than three business days before lative and investigative activities of the selected by the minority to testify with re- any notice or subpoena for a deposition is Committee, the Chair of the Committee spect to that measure or matter during at issued. After such consultation, all members may, at the request of a subcommittee chair, least one day of hearing thereon. The minor- shall receive written notice that a notice or make a temporary assignment of any mem- ity party may waive this right by calling at subpoena for a deposition will be issued. ber of the Committee to such subcommittee least one witness during a Committee hear- (c) A notice or subpoena issued under this for the purpose of constituting a quorum and ing or subcommittee hearing. rule shall specify the date, time, and place of of enabling such member to participate in (f) In the conduct of hearings of sub- the deposition and the method or methods by any public hearing, investigation, or study committees sitting jointly, the rules other- which the deposition will be recorded. Prior by such subcommittee to be held outside of wise applicable to all subcommittees shall to testifying, a deponent shall be provided Washington, D.C. Any member of the Com- likewise apply to joint subcommittee hear- with a copy of the Committee’s rules and the mittee may attend public hearings of any ings for purposes of such shared consider- Rules of the House of Representatives. subcommittee and any member of the Com- ation. (d) mittee may question witnesses only when RULE 9. QUESTIONING OF HEARING WITNESSES (1) A deposition shall be conducted by one they have been recognized by the Chair for (a) Subject to clauses (b), (c), and (d), a or more members or Committee counsel as that purpose. Committee member may question hearing designated by the Chair or Ranking Member.

VerDate Sep 11 2014 06:47 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.023 H01MRPT1 ctelli on DSK11ZRN23PROD with house H876 CONGRESSIONAL RECORD — HOUSE March 1, 2021 (2) A deposition shall be taken under oath changes to the Chair. Committee majority (d) When a bill or resolution is being con- or affirmation administered by a member or staff may direct the clerk of the Committee sidered by the Committee or a sub- a person otherwise authorized to administer to note any typographical errors, including committee, members shall provide the clerk oaths and affirmations. any requested by the deponent or minority in a timely manner a sufficient number of (e) A deponent may be accompanied at a staff, via an errata sheet appended to the written copies of any amendment offered, so deposition by counsel to advise the deponent transcript. Any proposed substantive as to enable each member present to receive of the deponent’s rights. Only members and changes, modifications, clarifications, or a copy thereof prior to taking action. How- Committee counsel, however, may examine amendments to the deposition testimony ever, if directed by the Chair or majority the deponent. No one may be present at a must be submitted by the deponent as an af- staff, an electronic submission to the clerk deposition other than members, Committee fidavit that includes the deponent’s reasons in a timely manner, in the manner pre- staff designated by the Chair or Ranking therefore. Any substantive changes, modi- scribed by the Chair or majority staff, shall Member, such individuals as may be required fications, clarifications, or amendments satisfy the requirement to provide the clerk to administer the oath or affirmation and shall be included as an appendix to the tran- in a timely manner a sufficient number of transcribe or record the proceedings, the de- script, a copy of which shall be promptly for- written copies of any amendment offered. A ponent, and the deponent’s counsel (includ- warded to minority staff. point of order may be made against any ing personal counsel and counsel for the en- (j) The Chair and Ranking Member shall amendment not reduced to writing. A copy tity employing the deponent if the scope of consult regarding the release of deposition of each such amendment shall be maintained the deposition is expected to cover actions transcript or electronic recordings. If either in the public records of the Committee or taken as part of the deponent’s employ- objects in writing to a proposed release of a subcommittee, as the case may be. ment). Observers or counsel for other persons deposition transcript or electronic recording (e) In determining the order in which or entities may not attend. or a portion thereof, the matter shall be amendments to a matter pending before the (f) promptly referred to the Committee for reso- Committee or a subcommittee will be con- (1) Unless the majority, minority, and de- lution. sidered, the Chair may give priority to: ponent agree otherwise, questions in a depo- RULE 12. QUORUMS (1) The Chair’s mark, and sition shall be propounded in rounds, alter- One-third of the members of the Com- (2) Amendments, otherwise in order, that nating between the majority and minority. A mittee or subcommittee shall constitute a have been filed with the Committee at least single round shall not exceed 60 minutes per quorum for taking any action other than 24 hours prior to the Committee or sub- side, unless the members or counsel con- amending Committee rules, closing a meet- committee business meeting on said measure ducting the deposition agree to a different ing from the public, reporting a measure or or matter. length of questioning. In each round, a mem- (f) The Chair shall provide, in a timely recommendation, or in the case of the Com- ber or Committee counsel designated by the manner, electronically or in paper form to mittee or a subcommittee authorizing a sub- Chair shall ask questions first, and the mem- the Ranking Member a copy of each report poena. For the enumerated actions, a major- ber or Committee counsel designated by the received by the Chair that is authorized by ity of the Committee or subcommittee shall Ranking Member shall ask questions second. statute to be transmitted to Congress and constitute a quorum. Any two members shall (2) Any objection made during a deposition addressed by clause 2(b) of Rule II of the constitute a quorum for the purpose of tak- must be stated concisely and in a non- Rules of the House of Representative, unless ing testimony and receiving evidence. argumentative and non-suggestive manner. such report has been specifically marked as Deponent may refuse to answer a question RULE 13. REFERRAL OF BILLS, RESOLUTIONS, already having been sent to the Ranking only to preserve a privilege. When the depo- AND OTHER MATTERS Member or Minority Committee staff. nent has objected and refused to answer a (a) The Chair shall consult with sub- (g) The Chair or majority staff shall con- question to preserve a privilege, the Chair committee chair regarding referral to the sult with the Ranking Member or minority may rule on any such objection after the appropriate subcommittees of such bills, res- staff before waiving Committee consider- deposition has adjourned. If the Chair over- olutions, and other matters that have been ation of a bill referred to the Committee. rules any such objection and thereby orders referred to the Committee. Once copies of a The Chair shall provide to the Ranking a deponent to answer any question to which bill, resolution, or other matter are avail- Member a copy of any Committee letter ex- a privilege objection was lodged, such ruling able to the Committee, the Chair shall, with- changed with another committee waiving shall be filed with the clerk of the Com- in three weeks of such availability, provide Committee consideration of a bill referred to mittee and shall be provided to members and notice of referral, if any, to the appropriate the Committee within 24 hours of issuing the deponent no less than three days before subcommittee. such a letter. (b) Referral to a subcommittee shall not be the ruling is enforced at a reconvened deposi- RULE 14. VOTES made until three days have elapsed after tion. If a member of the Committee appeals (a) With respect to each roll call vote on a in writing the ruling of the Chair, the appeal written notification of such proposed referral to all subcommittee chair, at which time motion to report any bill, resolution, or mat- shall be preserved for Committee consider- ter of a public character, and on any amend- ation. A deponent who refuses to answer a such proposed referral shall be made unless one or more subcommittee chair shall have ment offered thereto, the total number of question after being directed to answer by votes cast for and against, and the names of the Chair in writing may be subject to sanc- given written notice to the Chair of the full Committee and to the chair of each sub- those members voting for and against, shall tion, except that no sanctions may be im- be included in the Committee report on the posed if the ruling of the Chair is reversed on committee that he or she intends to question such proposed referral at the next regularly measure or matter. appeal. In all cases, when deposition testi- (b) In accordance with clause 2(h)(4) of scheduled meeting of the Committee, or at a mony for which an objection has been made Rule XI of the Rules of the House of Rep- special meeting of the Committee called for is offered for admission in evidence before resentatives, the Chair of the Committee or that purpose, at which time referral shall be the Committee, all properly lodged objec- a subcommittee is authorized to postpone made by the majority members of the Com- tions then made shall be timely and shall be further proceedings when a record vote is or- mittee. All bills shall be referred under this considered by the Committee prior to admis- dered on the question of approving a measure rule to the subcommittee of proper jurisdic- sion in evidence before the Committee. or matter or on adopting an amendment. (g) Deposition testimony shall be tran- tion without regard to whether the author is Such Chair may resume proceedings on a scribed by stenographic means and may also or is not a member of the subcommittee. postponed request at any time after reason- be video recorded. The clerk of the Com- Upon a majority vote of the Committee, a able notice. When proceedings resume on a mittee shall receive the transcript and any bill, resolution, or other matter referred to a postponed question, notwithstanding any in- video recording and promptly forward such subcommittee in accordance with this rule tervening order for the previous question, an to minority staff at the same time the clerk may be recalled at any time for the Commit- underlying proposition shall remain subject distributes such to other majority staff. tee’s direct consideration or for reference to to further debate or amendment to the same (h) The individual administering the oath another subcommittee. extent as when the question was postponed. shall certify on the transcript that the depo- (c) The Chair shall announce the date, nent was duly sworn. The transcriber shall place, and subject matter of a Committee RULE 15. RECORDS AND ROLLCALLS certify that the transcript is a true, ver- meeting, which may not commence earlier (a) Written records shall be kept of the batim record of the testimony, and the tran- than the third calendar day (excluding Sat- proceedings of the Committee and of each script and any exhibits shall be filed, as shall urdays, Sundays, or legal holidays except subcommittee, including a record of the any video recording, with the clerk of the when the House is in session on such a day) votes on any question on which a roll call is Committee. In no case shall any video re- on which members have notice thereof; but demanded. The result of each such roll call cording be considered the official transcript this requirement may be waived if the Chair vote shall be made available by the Com- of a deposition or otherwise supersede the of the Committee, with the concurrence of mittee or subcommittee for inspection by certified written transcript. the Ranking Member, determines that there the public at reasonable times and shall be (i) After receiving the transcript, majority is good cause or the Committee so deter- made available on the Committee’s website staff shall make available the transcript for mines by majority vote in the presence of within 48 hours of such record vote. Informa- review by the deponent or deponent’s coun- the number of members required under the tion so available for public inspection and on sel. No later than ten business days there- rules of the Committee for the transaction of the Committee’s website shall include a de- after, the deponent may submit suggested such business. scription of the amendment, motion, order,

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or other proposition; the name of each mem- RULE 16. REPORTS days on which the House is not in session) ber voting for and each member voting (a) Reports of the Committee. All Com- after the day on which there has been filed against such amendment, motion, order, or mittee reports on bills or resolutions shall with the staff director of the Committee a proposition; and the names of those members comply with the provisions of clause 2(1) of written request, signed by a majority of the present but not voting. The text of an Rule XI and clauses 2, 3, and 4 of Rule XIII members of the subcommittee, for the re- amendment offered to a measure or matter of the Rules of the House of Representatives. porting of that measure. Upon the filing of considered in Committee shall be made pub- (1) No such report shall be filed until cop- any such request, the staff director of the licly available in electronic form not later ies of the proposed report have been avail- Committee shall transmit immediately to than 24 hours after its final disposition in able to all members at least 36 hours prior to the chair of the subcommittee a notice of the Committee. A record vote may be demanded such filing in the House of Representatives. filing of that request. by one-fifth of the members present or, in No material change shall be made in the re- (2) Bills, resolutions, or other matters fa- the apparent absence of a quorum, by any port distributed to members unless agreed to vorably reported by a subcommittee shall one member. by the Ranking Member; but any member or automatically be placed upon the agenda of (b) In accordance with Rule VII of the members of the Committee may file, as part the Committee as of the time they are re- Rules of the House of Representatives, any of the printed report, individual, minority, ported. No bill or resolution or other matter official permanent record of the Committee or dissenting views, without regard to the reported by a subcommittee shall be consid- (including any record of a legislative, over- preceding provisions of this rule. ered by the full Committee unless it has been sight, or other activity of the Committee or (2) Such 36–hour period shall not conclude delivered or electronically sent to all mem- any subcommittee) shall be made available bers and notice of its prior transmission has for public use if such record has been in ex- earlier than the end of the period provided under clause 2(l) of Rule XI of the Rules of been in the hands of all members at least 48 istence for 30 years, except that— hours prior to such consideration. When a (1) any record that the Committee (or a the House of Representatives after the Com- mittee approves a measure or matter if a bill is reported from a subcommittee, such subcommittee) makes available for public measure shall be accompanied by a section- use before such record is delivered to the Ar- member, at the time of such approval, gives by-section analysis; and, if the Chair of the chivist under clause 2 of Rule VII of the notice of intention to file supplemental, mi- Committee so requires (in response to a re- Rules of the House of Representatives shall nority, or additional views for inclusion as quest from the Ranking Member of the Com- be made available immediately, including part of the printed report. mittee or for other reasons), a comparison any record described in subsection (a) of this (3) To the extent practicable, any report showing proposed changes in existing law. Rule; prepared pursuant to a Committee or sub- (2) any investigative record that contains committee study or investigation shall be RULE 17. APPOINTMENT OF CONFEREES, NOTICE personal data relating to a specific living in- available to members no later than 48 hours OF CONFERENCE MEETINGS, AND CONFERENCE dividual (the disclosure of which would be an prior to consideration of any such report by MOTION unwarranted invasion of personal privacy), the Committee or subcommittee, as the case (a) Whenever in the legislative process it any administrative record with respect to may be. becomes necessary to appoint conferees, the personnel, and any record with respect to a (b) Disclaimers. Chair shall recommend to the Speaker as hearing closed pursuant to clause 2(g)(2) of (1) A report on activities of the Committee conferees the names of those members of the Rule XI of the Rules of the House of Rep- required under clause 1(d) of Rule XI of the subcommittee which handled the legislation resentatives shall be available if such record Rules of the House of Representatives shall in the order of their seniority upon such sub- has been in existence for 50 years; or include the following disclaimer in the docu- committee and such other Committee mem- (3) except as otherwise provided by order of ment transmitting the report to the Clerk of bers as the Chair may designate with the ap- the House of Representatives, any record of the House of Representatives: proval of the majority party members. Rec- the Committee for which a time, schedule, or This report has not been officially adopted ommendations of the Chair to the Speaker condition for availability is specified by by the Committee on Education and Labor shall provide a ratio of majority party mem- order of the Committee (entered during the or any subcommittee thereof and therefore bers to minority party members no less fa- Congress in which the record is made or ac- may not necessarily reflect the views of its vorable to the majority party than the ratio quired by the Committee) shall be made members. of majority members to minority party available in accordance with the order of the Such disclaimer need not be included if the members on the full Committee. In making Committee. report was circulated to all members of the assignments of minority party members as (c) The official permanent records of the Committee at least seven days prior to its conferees, the Chair shall consult with the Committee include noncurrent records of the submission to the House of Representatives Ranking Member of the Committee. Committee (including subcommittees) deliv- and provision is made for the filing by any (b) After the appointment of conferees pur- ered by the Clerk of the House of Represent- member, as part of the printed report, of in- suant to clause 11 of Rule I of the Rules of atives to the Archivist of the United States dividual, minority, or dissenting views. the House of Representatives for matters for preservation at the National Archives (2) All Committee or subcommittee reports within the jurisdiction of the Committee, and Records Administration, which are the printed pursuant to legislative study or in- the Chair shall notify all members appointed property of and remain subject to the rules vestigation and not approved by a majority to the conference of meetings at least 48 and orders of the House of Representatives. vote of the Committee or subcommittee, as (d) hours before the commencement of the meet- (1) Any order of the Committee with re- appropriate, shall contain the following dis- ing. If such notice is not possible, then no- spect to any matter described in paragraph claimer on the cover of such report: tice shall be given as soon as possible. (2) of this subsection shall be adopted only if This report has not been officially adopted (c) The Chair is directed to offer a motion the notice requirements of Committee Rule by the Committee on Education and Labor under clause 1 of Rule XXII of the Rules of 13(c) have been met, a quorum consisting of (or pertinent subcommittee thereof) and the House of Representatives whenever the a majority of the members of the Committee therefore may not necessarily reflect the Chair considers it appropriate. views of its members. is present at the time of the vote, and a ma- RULE 18. MEASURES TO BE CONSIDERED UNDER The minority party members of the Com- jority of those present and voting approve SUSPENSION mittee or subcommittee shall have three cal- the adoption of the order, which shall be sub- (a) A member of the Committee may not mitted to the Clerk of the House of Rep- endar days, excluding weekends and holi- days, to file, as part of the printed report, seek to suspend the Rules of the House of resentatives, together with any accom- Representatives on any bill, resolution, or panying report. supplemental, minority, or additional views. (c) Reports of Subcommittees. Whenever a other matter which has been modified after (2) This subsection applies to any order of such measure is ordered reported, unless no- the Committee which— subcommittee has ordered a bill, resolution, or other matter to be reported to the Com- tice of such action has been given to the (A) provides for the non-availability of any Chair and Ranking Member of the full Com- record subject to subsection (b) of this rule mittee, the chair of the subcommittee re- porting the bill, resolution, or matter to the mittee. for a period longer than the period otherwise (b) The Chair of the Committee shall not Committee, or any member authorized by applicable; or request to have scheduled any bill or resolu- (B) is subsequent to, and constitutes a the subcommittee to do so, may report such tion for consideration under suspension of later order under clause 4(b) of Rule VII of bill, resolution, or matter to the Committee. the Rules that expresses appreciation, com- the Rules of the House of Representatives, It shall be the duty of the chair of the sub- mends, congratulates, celebrates, recognizes regarding a determination of the Clerk of the committee to report or cause to be reported the accomplishments of, or celebrates the House of Representatives with respect to au- promptly such bill, resolution, or matter, anniversary of, an entity, event, group, indi- thorizing the Archivist of the United States and to take or cause to be taken the nec- vidual, institution, team, or government pro- to make available for public use the records essary steps to bring such bill, resolution, or gram; or acknowledges or recognizes a period delivered to the Archivist under clause 2 of matter to a vote. of time for such purposes. Rule VII of the Rules of the House of Rep- (1) In any event, the report, described in resentatives; or the proviso in subsection (c)(2) of this rule, RULE 19. BROADCASTING OF COMMITTEE (C) specifies a time, schedule, or condition of any subcommittee on a measure which has HEARINGS AND MEETINGS for availability pursuant to subsection (b)(3) been approved by the subcommittee shall be (a) Television, Radio and Still Photog- of this rule. filed within seven calendar days (exclusive of raphy.—

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(1) Whenever a hearing or meeting con- by the Chair for any member and any staff RULE 23. BUDGET AND EXPENSES ducted by the Committee or any sub- member in connection with the attendance (a) The Chair, in consultation with the ma- committee is open to the public, those pro- of hearings conducted by the Committee or jority party members of the Committee, ceedings shall be open to coverage by tele- any subcommittee thereof and meetings, shall prepare a preliminary budget. Such vision, radio, and still photography subject conferences, and investigations that involve budget shall include necessary amounts for to the requirements of clause 4 of Rule XI of activities or subject matter under the gen- staff personnel, for necessary travel, inves- the Rules of the House of Representatives eral jurisdiction of the Committee. The tigation, and other expenses of the Com- and except when the hearing or meeting is Chair shall review travel requests to assure mittee; and, after consultation with the mi- closed pursuant to the Rules of the House of the validity to Committee business. Before nority party membership, the Chair shall in- Representatives and of the Committee. The such authorization is given, there shall be clude amounts budgeted to the minority coverage of any hearing or meeting of the submitted to the Chair in writing the fol- party members for staff personnel to be Committee or any subcommittee thereof by lowing: under the direction and supervision of the (1) The purpose of the travel; television, radio, or still photography shall minority party, travel expenses of minority (2) The dates during which the travel is to be under the direct supervision of the Chair party members and staff, and minority party be made and the date or dates of the event of the Committee, the subcommittee chair, office expenses. All travel expenses of minor- or other member of the Committee presiding for which the travel is being made; (3) The location of the event for which the ity party members and staff shall be paid for at such hearing or meeting and may be ter- out of the amounts so set aside and budg- minated by such member in accordance with travel is to be made; and (4) The names of members and staff seek- eted. The Chair shall take whatever action is the Rules of the House of Representatives. necessary to have the budget as finally ap- (2) Personnel providing coverage by the ing authorization. proved by the Committee duly authorized by television and radio media shall be then cur- (b) the House of Representatives. After such rently accredited to the Radio and Tele- (1) In the case of travel outside the United budget shall have been adopted, no change vision Correspondents’ Galleries. States of members and staff of the Com- shall be made in such budget unless approved (3) Personnel providing coverage by still mittee for the purpose of conducting hear- by the Committee. The Chair or the chair of photography shall be then accredited to the ings, investigations, studies, or attending any standing subcommittee may initiate Press Photographers’ Gallery. meetings and conferences involving activi- necessary travel requests as provided in (b) Audio and Video Coverage of Com- ties or subject matter under the legislative Committee Rule 21 within the limits of their mittee Hearings and Meetings.—To the max- assignment of the Committee or pertinent portion of the consolidated budget as ap- imum extent practicable, the Committee subcommittees, prior authorization must be proved by the House, and the Chair may exe- shall provide audio and video coverage of obtained from the Chair, or, in the case of a cute necessary vouchers therefor. each hearing or meeting for the transaction subcommittee, from the subcommittee chair of business in a manner that allows the pub- and the Chair. Before such authorization is (b) Subject to the Rules of the House of lic to easily listen to and view the pro- given, there shall be submitted to the Chair, Representatives and procedures prescribed ceedings and shall maintain the recordings in writing, a request for such authorization. by the Committee on House Administration, of such coverage in a manner that is easily Each request, which shall be filed in a man- and with the prior authorization of the Chair accessible to the public, unless such hearing ner that allows for a reasonable period of of the Committee in each case, there may be or meeting is closed pursuant to the Rules of time for review before such travel is sched- expended in any one session of Congress for the House of Representatives and of the uled to begin, shall include the following: necessary travel expenses of witnesses at- Committee. Such coverage shall be fair and (A) The purpose of travel; tending hearings in Washington, D.C.: nonpartisan in accordance with clause 4(b) of (B) The dates during which the travel will (1) Out of funds budgeted and set aside for Rule XI of the Rules of the House of Rep- occur; each subcommittee, not to exceed $5,000 for resentatives and other applicable rules of the (C) The names of the countries to be vis- expenses of witnesses attending hearings of House of Representatives and of the Com- ited and the length of time to be spent in each such subcommittee; each; mittee. Personnel providing such coverage (2) Out of funds budgeted for the full Com- (D) an agenda of anticipated activities for shall be employees of the House of Rep- mittee majority, not to exceed $5,000 for ex- each country for which travel is authorized resentatives or currently accredited to the penses of witnesses attending full Committee together with a description of the purpose to Radio and Television Correspondents’ Gal- hearings; and leries. be served and the areas of Committee juris- diction involved; and (3) Out of funds set aside to the minority RULE 20. COMMITTEE STAFF (E) The names of members and staff for party members: (a) The employees of the Committee shall whom authorization is sought. (A) Not to exceed, for each of the sub- be appointed by the Chair in consultation (2) Requests for travel outside the United committees, $5,000 for expenses of witnesses with subcommittee chair and other majority States may be initiated by the Chair or the attending subcommittee hearings, and party members of the Committee within the chair of a subcommittee (except that indi- (B) Not to exceed $5,000 for expenses of wit- budget approved for such purposes by the viduals may submit a request to the Chair nesses attending full Committee hearings. Committee. for the purpose of attending a conference or (c) A full and detailed monthly report ac- (b) The staff appointed by the minority meeting) and shall be limited to members counting for all expenditures of Committee shall have their remuneration determined in and permanent employees of the Committee. funds shall be maintained by the Committee, such manner as the minority party members (3) The Chair shall not approve a request and it shall be available to each member of of the Committee shall determine within the involving travel outside the United States the Committee. Such report shall show the budget approved for such purposes by the while the House is in session (except in the amount and purpose of each expenditure, and Committee. case of attendance at meetings and con- the budget to which such expenditure is at- RULE 21. SUPERVISION AND DUTIES OF ferences or where circumstances warrant an tributed. COMMITTEE STAFF exception). (4) At the conclusion of any hearing, inves- RULE 24. CHANGES IN COMMITTEE RULES The staff of the Committee shall be under tigation, study, meeting, or conference for the general supervision and direction of the The Committee shall not consider a pro- which travel outside the United States has Chair, who shall establish and assign the du- posed change in these rules unless the text of been authorized pursuant to this rule, each ties and responsibilities of such staff mem- such change has been delivered or electroni- subcommittee (or members and staff attend- bers and delegate authority as he or she de- cally sent to all members and notice of its ing meetings or conferences) shall submit a termines appropriate. The staff appointed by prior transmission has been in the hands of written report to the Chair covering the ac- the minority shall be under the general su- all members at least 48 hours prior to such tivities of the subcommittee and containing pervision and direction of the minority party consideration. the results of these activities and other per- members of the Committee, who may dele- tinent observations or information gained as gate such authority as they determine ap- f a result of such travel. propriate. All Committee staff shall be as- (c) Members and staff of the Committee signed to Committee business and no other performing authorized travel on official busi- duties may be assigned to them. ADJOURNMENT ness shall be governed by applicable laws, RULE 22. AUTHORIZATION FOR TRAVEL resolutions, or regulations of the House of The SPEAKER pro tempore (Ms. (a) Consistent with the primary expense Representatives and of the Committee on NEWMAN). Pursuant to section resolution and such additional expense reso- House Administration pertaining to such 5(a)(1)(B) of House Resolution 8, the lutions as may have been approved, the pro- travel, including rules, procedures, and limi- House stands adjourned until 9 a.m. to- visions of this rule shall govern travel of tations prescribed by the Committee on morrow. Committee members and staff. Travel to be House Administration with respect to do- paid from funds set aside for the full Com- mestic and foreign expense allowances. Thereupon (at 10 o’clock and 9 min- mittee for any member or any staff member (d) Prior to the Chair’s authorization for utes p.m.), under its previous order, the shall be paid only upon the prior authoriza- any travel, the Ranking Member shall be House adjourned until tomorrow, Tues- tion of the Chair. Travel may be authorized given a copy of the written request therefor. day, March 2, 2021, at 9 a.m.

VerDate Sep 11 2014 07:11 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.026 H01MRPT1 ctelli on DSK11ZRN23PROD with house March 1, 2021 CONGRESSIONAL RECORD — HOUSE H879 EXECUTIVE COMMUNICATIONS, Commission, transmitting the Commission’s ment’s final rule — Standard Instrument Ap- ETC. staff evaluation of industry proposal — Ge- proach Procedures, and Takeoff Minimums neric Rotterdam Forging and Weld Initial and Obstacle Departure Procedures; Mis- Under clause 2 of rule XIV, executive Upper-Shelf Energy Determination [PWROG- cellaneous Amendments [Docket No.: 31343; communications were taken from the 17090, Revision 0] received February 15, 2021, Amdt. No.: 3933] received February 16, 2021, Speaker’s table and referred as follows: pursuant to 5 U.S.C. 801(a)(1)(A); Public Law pursuant to 5 U.S.C. 801(a)(1)(A); Public Law EC-454. A letter from the Assistant General 104-121, Sec. 251; (110 Stat. 868); to the Com- 104-121, Sec. 251; (110 Stat. 868); to the Com- Counsel for Regulatory Affairs, Pension Ben- mittee on Energy and Commerce. mittee on Transportation and Infrastruc- efit Guaranty Corporation, transmitting the EC-462. A communication from the Presi- ture. Corporation’s final rule — Adjustment of dent of the United States, transmitting noti- EC-470. A letter from the Management and Civil Penalties for Inflation (RIN: 1212-AB45) fication of a targeted military strike against Program Analyst, FAA, Department of received February 4, 2021, pursuant to 5 infrastructure in eastern Syria used by Iran- Transportation, transmitting the Depart- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. supported non-state militia groups (H. Doc. ment’s final rule — Standard Instrument Ap- 251; (110 Stat. 868); to the Committee on Edu- No. 117—19); to the Committee on Foreign proach Procedures, and Takeoff Minimums cation and Labor. Affairs and ordered to be printed. and Obstacle Departure Procedures; Mis- EC-463. A letter from the Management and EC-455. A letter from the Assistant General cellaneous Amendments [Docket No.: 31344; Program Analyst, FAA, Department of Counsel for Regulatory Affairs, Pension Ben- Amdt. No.: 3934] received February 16, 2021, Transportation, transmitting the Depart- efit Guaranty Corporation, transmitting the pursuant to 5 U.S.C. 801(a)(1)(A); Public Law ment’s final rule — Airworthiness Direc- Corporation’s final rule — Methods for Com- 104-121, Sec. 251; (110 Stat. 868); to the Com- tives; Airbus Helicopters [Docket No.: FAA- puting Withdrawal Liability, Multiemployer mittee on Transportation and Infrastruc- 2020-0570; Product Identifier 2019-SW-121-AD; Pension Reform Act of 2014 (RIN: 1212-AB36) ture. Amendment 39-21337; AD 2020-24-07] (RIN: EC-471. A letter from the Management and received 4, 2021, pursuant to 5 U.S.C. 2120-AA64) received February 16, 2021, pursu- Program Analyst, FAA, Department of 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Transportation, transmitting the Depart- Stat. 868); to the Committee on Education 121, Sec. 251; (110 Stat. 868); to the Committee ment’s final rule — Airworthiness Direc- and Labor. on Transportation and Infrastructure. tives; Superior Air Parts, Inc. Engines and EC-456. A letter from the Director, Office EC-464. A letter from the Management and Lycoming Engines Reciprocating Engines of Congressional Affairs, Nuclear Regulatory Program Analyst, FAA, Department of With a Certain SAP Crankshaft Assembly Commission, transmitting the Commission’s Transportation, transmitting the Depart- [Docket No.: FAA-2018-1077; Project Identi- staff evaluation of industry proposal — Up- ment’s final rule — Amendment of V-6, V-30, fier 2018-NE-40-AD; Amendment 39-21354; AD date for Subsequent License Renewal: V-58, V-119, and V-226 in the Vicinity of Clar- 2020-25-12] (RIN: 2120-AA64) received Feb- WCAP-15338-A, ‘A Review of Cracking Asso- ion, PA [Docket No.: FAA-2020-0709; Airspace ruary 16, 2021, pursuant to 5 U.S.C. ciated with Weld Deposited Cladding in Oper- Docket No.: 20-AEA-2] (RIN: 2120-AA66) re- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ating PWR Plants’ [PWROG-17031, Revision ceived February 16, 2021, pursuant to 5 U.S.C. Stat. 868); to the Committee on Transpor- 1] received February 15, 2021, pursuant to 5 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tation and Infrastructure. U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Stat. 868); to the Committee on Transpor- EC-472. A letter from the Management and 251; (110 Stat. 868); to the Committee on En- tation and Infrastructure. Program Analyst, FAA, Department of ergy and Commerce. EC-465. A letter from the Management and Transportation, transmitting the Depart- EC-457. A letter from the Director, Office Program Analyst, FAA, Department of ment’s final rule — Amendment of the Class of Congressional Affairs, Nuclear Regulatory Transportation, transmitting the Depart- E Airspace; Burlington, KS [Docket No.: Commission, transmitting the Commission’s ment’s final rule — Streamlined Launch and FAA-2020-0666; Airspace Docket No.: 20-ACE- staff evaluation of industry proposal — Up- Reentry License Requirements [Docket No.: 16] (RIN: 2120-AA66) received February 16, date for Subsequent License Renewal: FAA-2019-0229; Amdt. No(s).: 401-9 404-7, 413- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public WCAP-14535A, ‘‘Topical Report on Reactor 12, 414-4, 415-7, 417-6, 420-9, 431-7, 433-3, 435-5, Law 104-121, Sec. 251; (110 Stat. 868); to the Coolant Pump Flywheel Inspection Elimi- 437-3, 440-5, 450-2, and 460-3] (RIN: 2120-AL17) Committee on Transportation and Infra- nation’’ and WCAP-15666-A, ‘‘Extension of received February 1, 2021, pursuant to 5 structure. Reactor Coolant Pump Motor Flywheel Ex- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. EC-473. A letter from the Management and amination’’ [PWROG-17011, Revision 2] re- 251; (110 Stat. 868); to the Committee on Program Analyst, FAA, Department of ceived February 15, 2021, pursuant to 5 U.S.C. Transportation and Infrastructure. Transportation, transmitting the Depart- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 EC-466. A letter from the Management and ment’s final rule — Establishment of Class E Stat. 868); to the Committee on Energy and Program Analyst, FAA, Department of Airspace; Toughkenamon, PA [Docket No.: Commerce. Transportation, transmitting the Depart- FAA-2020-0835; Airspace Docket No.: 20-AEA- EC-458. A letter from the Director, Office ment’s final rule — Airworthiness Direc- 16] (RIN: 2120-AA66) received February 16, of Congressional Affairs, Nuclear Regulatory tives; The Boeing Company Airplanes [Dock- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public Commission, transmitting the Commission’s et No.: FAA-2019-0984; Product Identifier Law 104-121, Sec. 251; (110 Stat. 868); to the staff evaluation of industry proposal — Up- 2019-NM-161-AD; Amendment 39-21290; AD Committee on Transportation and Infra- dates to the Methodology in WCAP-15030-NP- 2020-21-17] (RIN: 2120-AA64) received Feb- structure. A, Rev. 0, Westinghouse Methodology for ruary 16, 2021, pursuant to 5 U.S.C. EC-474. A letter from the Management and Evaluating the Acceptability of Baffle- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Program Analyst, FAA, Department of Former-Barrel Bolting Distributions Under Stat. 868); to the Committee on Transpor- Transportation, transmitting the Depart- Faulted Load Conditions [PWRCG-18034, Re- tation and Infrastructure. ment’s final rule — Amendment of Class D vision 0] received February 15, 2020, pursuant EC-467. A letter from the Management and Airspace, and Removal of Class E Airspace; to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Program Analyst, FAA, Department of Homestead, FL [Docket No.: FAA-2020-0822; Sec. 251; (110 Stat. 868); to the Committee on Transportation, transmitting the Depart- Airspace Docket No.: 20-ASO-23] (RIN: 2120- Energy and Commerce. ment’s final rule — Airworthiness Direc- AA66) received February 16, 2021, pursuant to EC-459. A letter from the Director, Office tives; The Boeing Company Airplanes [Dock- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. of Congressional Affairs, Nuclear Regulatory et No.: FAA-2020-0573; Product Identifier 251; (110 Stat. 868); to the Committee on Commission, transmitting the Commission’s 2020-NM-078-AD; Amendment 39-21289; AD Transportation and Infrastructure. staff evaluation of industry proposal — PWR 2020-21-16] (RIN: 2120-AA64) received Feb- EC-475. A letter from the Management and Pressure Vessel Nozzle Appendix G Evalua- ruary 16, 2021, pursuant to 5 U.S.C. Program Analyst, FAA, Department of tion [PWROG-15109, Revision 0] received Feb- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Transportation, transmitting the Depart- ruary 15, 2021, pursuant to 5 U.S.C. Stat. 868); to the Committee on Transpor- ment’s final rule — Amendment of Class D 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tation and Infrastructure. and Class E Airspace; Kalispell, MT [Docket Stat. 868); to the Committee on Energy and EC-468. A letter from the Management and No.: FAA-2020-0825; Airspace Docket No.: 20- Commerce. Program Analyst, FAA, Department of ANM-27] (RIN: 2120-AA66) received February EC-460. A letter from the Director, Office Transportation, transmitting the Depart- 16, 2021, pursuant to 5 U.S.C. 801(a)(1)(A); of Congressional Affairs, Nuclear Regulatory ment’s final rule — Airworthiness Direc- Public Law 104-121, Sec. 251; (110 Stat. 868); to Commission, transmitting the Commission’s tives; The Boeing Company Airplanes [Dock- the Committee on Transportation and Infra- staff evaluation of industry proposal — Eval- et No.: FAA-2020-0586; Product Identifier structure. uation of WCAP-10325-P-A Westinghouse 2020-NM-066-AD; Amendment 39-21306; AD EC-476. A letter from the Management and LOCA [Loss-of-Coolant Accident] Mass and 2020-22-10] (RIN: 2120-AA64) received Feb- Program Analyst, FAA, Department of Energy [M&E] Release Methodology ruary 16, 2021, pursuant to 5 U.S.C. Transportation, transmitting the Depart- [PWROG-17034, Revision 0] received February 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ment’s final rule — Amendment and Revoca- 15, 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Stat. 868); to the Committee on Transpor- tion of Air Traffic Service (ATS) Routes in Public Law 104-121, Sec. 251; (110 Stat. 868); to tation and Infrastructure. the Vicinity of Lebanon, NH [Docket No.: the Committee on Energy and Commerce. EC-469. A letter from the Management and FAA-2020-0735; Airspace Docket No.: 19-ANE- EC-461. A letter from the Director, Office Program Analyst, FAA, Department of 8] (RIN: 2120-AA66) received February 16, of Congressional Affairs, Nuclear Regulatory Transportation, transmitting the Depart- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public

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Law 104-121, Sec. 251; (110 Stat. 868); to the EC-484. A letter from the Management and Mr. TRONE, Ms. WASSERMAN SCHULTZ, Committee on Transportation and Infra- Program Analyst, FAA, Department of and Mrs. WATSON COLEMAN): structure. Transportation, transmitting the Depart- H.R. 1446. A bill to amend chapter 44 of EC-477. A letter from the Management and ment’s final rule — Airworthiness Direc- title 18, United States Code, to strengthen Program Analyst, FAA, Department of tives; Airbus SAS Airplanes [Docket No.: the background check procedures to be fol- Transportation, transmitting the Depart- FAA-2020-0681; Product Identifier 2020-NM- lowed before a Federal firearms licensee may ment’s final rule — Establishment of Class D 089-AD; Amendment 39-21376; AD 2020-26-21] transfer a firearm to a person who is not and Class E Airspace and Amendment of (RIN: 2120-AA64) received February 16, 2021, such a licensee; to the Committee on the Ju- Class E Airspace; Nashville, TN [Docket No.: pursuant to 5 U.S.C. 801(a)(1)(A); Public Law diciary. FAA-2020-0701; Airspace Docket No.: 20-ASO- 104-121, Sec. 251; (110 Stat. 868); to the Com- By Ms. BONAMICI (for herself, Mr. 19] (RIN: 2120-AA66) received February 16, mittee on Transportation and Infrastruc- YOUNG, Ms. PINGREE, Mr. POSEY, Mr. 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public ture. BEYER, Mr. MCNERNEY, Mr. PAPPAS, Law 104-121, Sec. 251; (110 Stat. 868); to the Mr. FITZPATRICK, Mr. PANETTA, Ms. Committee on Transportation and Infra- f VELA´ ZQUEZ, Ms. BROWNLEY, Mr. structure. REPORTS OF COMMITTEES ON DEFAZIO, Mr. LARSEN of Washington, EC-478. A letter from the Management and PUBLIC BILLS AND RESOLUTIONS Mr. CASE, Mr. BLUMENAUER, and Mr. Program Analyst, FAA, Department of CRIST): Transportation, transmitting the Depart- Under clause 2 of rule XIII, reports of H.R. 1447. A bill to amend the Federal ment’s final rule — Airworthiness Direc- committees were delivered to the Clerk Ocean Acidification Research and Moni- tives; Airbus Helicopters [Docket No.: FAA- for printing and reference to the proper toring Act of 2009 to establish an Ocean 2020-1027; Project Identifier MCAI-2020-01375- calendar, as follows: Acidification Advisory Board, to expand and R; Amendment 39-21333; AD 2020-24-03] (RIN: improve the research on Ocean Acidification 2120-AA64) received February 16, 2021, pursu- Mr. MORELLE: Committee on Rules. and Coastal Acidification, to establish and ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- House Resolution 179. Resolution providing maintain a data archive system for Ocean 121, Sec. 251; (110 Stat. 868); to the Committee for consideration of the bill (H.R. 1) to ex- Acidification data and Coastal Acidification on Transportation and Infrastructure. pand Americans’ access to the ballot box, re- data, and for other purposes; to the Com- EC-479. A letter from the Management and duce the influence of big money in politics, mittee on Science, Space, and Technology. Program Analyst, FAA, Department of strengthen ethics rules for public servants, By Mr. STIVERS (for himself, Miss Transportation, transmitting the Depart- and implement other anti-corruption meas- RICE of New York, Mr. WALTZ, Ms. ment’s final rule — Airworthiness Direc- ures for the purpose of fortifying our democ- SLOTKIN, Mr. DUNN, Ms. SHERRILL, tives; Airbus SAS Airplanes [Docket No.: racy, and for other purposes; providing for Mr. RUTHERFORD, Mr. RICE of South FAA-2020-0780; Product Identifier 2020-NM- consideration of the bill (H.R. 1280) to hold Carolina, Mr. TAYLOR, Ms. 103-AD; Amendment 39-21342; AD 2020-24-12] law enforcement accountable for misconduct VELA´ ZQUEZ, Mr. FITZPATRICK, Mr. (RIN: 2120-AA64) received February 16, 2021, in court, improve transparency through data STEUBE, Mr. COOPER, Mr. CRENSHAW, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law collection, and reform police training and Mr. JOHNSON of Ohio, Mr. NADLER, 104-121, Sec. 251; (110 Stat. 868); to the Com- policies; and for other purposes (Rept. 117–9). Mrs. BEATTY, Mr. BUCHANAN, Mr. mittee on Transportation and Infrastruc- Referred to the House Calendar. NORMAN, Mrs. MURPHY of Florida, Mr. ture. f ZELDIN, Mrs. AXNE, Mr. HASTINGS, EC-480. A letter from the Management and Mrs. WALORSKI, Mr. GONZALEZ of Program Analyst, FAA, Department of PUBLIC BILLS AND RESOLUTIONS Ohio, Mr. LIEU, Mr. WEBSTER of Flor- Transportation, transmitting the Depart- Under clause 2 of rule XII, public ida, Mr. MCKINLEY, Ms. MOORE of ment’s final rule — Airworthiness Direc- bills and resolutions of the following Wisconsin, Mr. SEAN PATRICK MALO- tives; Airbus SAS Airplanes [Docket No.: NEY of New York, Mr. COHEN, Mr. FAA-2019-0484; Product Identifier 2020-NM- titles were introduced and severally re- VICENTE GONZALEZ of Texas, Mr. 051-AD; Amendment 39-21341; AD 2020-24-11] ferred, as follows: SWALWELL, Mr. PANETTA, Ms. KAP- (RIN: 2120-AA64) received February 16, 2021, By Mr. THOMPSON of California (for TUR, Mr. PALAZZO, Ms. HOULAHAN, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law himself, Mr. NADLER, Mr. UPTON, Ms. Mr. RASKIN, Mr. WOMACK, Mr. 104-121, Sec. 251; (110 Stat. 868); to the Com- JACKSON LEE, Mr. SMITH of New Jer- O’HALLERAN, Ms. BARRAGA´ N, Mr. mittee on Transportation and Infrastruc- sey, Ms. KELLY of Illinois, Mr. GALLAGHER, Mr. VAN DREW, Mr. ture. FITZPATRICK, and Mrs. MCBATH): KEATING, Mr. GAETZ, Ms. PINGREE, EC-481. A letter from the Management and H.R. 8. A bill to require a background Mr. PERLMUTTER, Mr. COSTA, Mr. Program Analyst, FAA, Department of check for every firearm sale; to the Com- TURNER, Mr. KRISHNAMOORTHI, Mr. Transportation, transmitting the Depart- mittee on the Judiciary. BACON, Mr. TRONE, Mr. MORELLE, Mr. ment’s final rule — Airworthiness Direc- By Mr. CARL: BAIRD, Mr. JOYCE of Ohio, Mr. tives; Piper Aircraft, Inc. Airplanes [Docket H.R. 1445. A bill to prohibit the Secretary MOOLENAAR, Mr. LAMB, Mr. GRI- No.: FAA-2020-0712; Product Identifier 2019- of the Interior from changing the names of JALVA, Mr. BUCK, Mr. CE-013-AD; Amendment 39-21339; AD 2020-24- certain memorials or move any statues re- RESCHENTHALER, Ms. DELBENE, Mr. 09] (RIN: 2120-AA64) received February 16, lated to certain wars, and for other purposes; MURPHY of North Carolina, Mr. 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public to the Committee on Natural Resources. BRENDAN F. BOYLE of Pennsylvania, Law 104-121, Sec. 251; (110 Stat. 868); to the By Mr. CLYBURN (for himself, Ms. Mr. GIMENEZ, Mr. BISHOP of North Committee on Transportation and Infra- ADAMS, Mr. AUCHINCLOSS, Ms. BASS, Carolina, Mr. PERRY, Mr. KELLY of structure. EC-482. A letter from the Management and Mrs. BEATTY, Ms. BONAMICI, Mr. Pennsylvania, Mr. HICE of Georgia, Program Analyst, FAA, Department of BRENDAN F. BOYLE of Pennsylvania, Mr. PENCE, Ms. HERRELL, Mrs. BICE of Transportation, transmitting the Depart- Mr. BROWN, Ms. BUSH, Mr. CARSON, Oklahoma, Mr. ESPAILLAT, Mr. ment’s final rule — Airworthiness Direc- Mr. CASTEN, Mr. CICILLINE, Ms. BERGMAN, Mr. FORTENBERRY, Mr. tives; Airbus Canada Limited Partnership CLARK of Massachusetts, Ms. CLARKE CALVERT, Mr. JOHNSON of Georgia, (Type Certificate Previously Held by C Se- of New York, Mr. COHEN, Mr. CON- Mr. LONG, Ms. MACE, Mr. STEWART, ries Aircraft Limited Partnership (CSALP); NOLLY, Mr. COOPER, Mr. DANNY K. Mr. CARL, Mr. NEGUSE, Mr. Bombardier, Inc.) Airplanes [Docket No.: DAVIS of Illinois, Ms. DEAN, Mrs. CAWTHORN, Mrs. MILLER-MEEKS, Mr. FAA-2020-0683; Project Identifier MCAI-2020- DEMINGS, Mr. DESAULNIER, Mr. WILLIAMS of Texas, Mr. SMITH of Mis- 01134-T; Amendment 39-21375; AD 2020-26-20] ESPAILLAT, Mr. GARCI´A of Illinois, souri, Mrs. WATSON COLEMAN, Mr. (RIN: 2120-AA64) received February 16, 2021, Mr. HASTINGS, Mr. HIGGINS of New BANKS, Mr. HIGGINS of Louisiana, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law York, Ms. HOULAHAN, Ms. JACKSON SUOZZI, Mr. BALDERSON, Mrs. MILLER 104-121, Sec. 251; (110 Stat. 868); to the Com- LEE, Ms. JACOBS of California, Mr. of West Virginia, Mr. LARSEN of mittee on Transportation and Infrastruc- KILMER, Mr. LANGEVIN, Mrs. LAW- Washington, Mrs. KIRKPATRICK, Ms. ture. RENCE, Ms. LEE of California, Mr. KUSTER, Mr. GRAVES of Louisiana, EC-483. A letter from the Management and LEVIN of Michigan, Mr. LOWENTHAL, Mr. STANTON, Ms. ROYBAL-ALLARD, Program Analyst, FAA, Department of Mr. MALINOWSKI, Mrs. CAROLYN B. Mr. RUSH, Mr. FERGUSON, Mr. LAM- Transportation, transmitting the Depart- MALONEY of New York, Mr. BORN, Mr. HAGEDORN, Mr. AMODEI, ment’s final rule — Airworthiness Direc- MCEACHIN, Ms. MENG, Mr. MFUME, Mr. SCHWEIKERT, Mr. POSEY, Mrs. tives; Mitsubishi Heavy Industries, Ltd. Air- Ms. MOORE of Wisconsin, Mr. NADLER, WAGNER, Mr. LATTA, Mr. CRAWFORD, planes [Docket No.: FAA-2020-0781; Product Mr. NEGUSE, Ms. NORTON, Mr. PAYNE, Mr. KUSTOFF, Mr. SMUCKER, Mr. CAR- Identifier 2018-CE-045-AD; Amendment 39- Mr. PERLMUTTER, Mr. PETERS, Mr. TER of Texas, Mr. ROSE, Mr. MASSIE, 21369; AD 2020-26-14] (RIN: 2120-AA64) received RASKIN, Mr. RUSH, Ms. SCHAKOWSKY, Mr. WALBERG, Mr. HUIZENGA, Mr. February 16, 2021, pursuant to 5 U.S.C. Mr. SCHIFF, Mr. SCHNEIDER, Mr. ROY, Mr. UPTON, Mr. KATKO, Mr. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 SMITH of Washington, Mr. SOTO, Ms. EMMER, Mr. WELCH, Mr. MCNERNEY, Stat. 868); to the Committee on Transpor- SPEIER, Ms. STEVENS, Ms. STRICK- Mr. BILIRAKIS, Mr. TIFFANY, Mr. tation and Infrastructure. LAND, Mr. SWALWELL, Mrs. TRAHAN, WENSTRUP, Mr. BUDD, Mr. YOUNG, Mr.

VerDate Sep 11 2014 20:08 Jun 03, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD21\MARCH\H01MR1.REC H01MR1 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE March 1, 2021 CONGRESSIONAL RECORD — HOUSE H881

BIGGS, Mr. BRADY, Mr. BURCHETT, Ms. STEWART, Mr. TAYLOR, Ms. TITUS, By Mr. HORSFORD (for himself, Mr. ESHOO, Mr. ARMSTRONG, Mr. CROW, Mrs. WAGNER, and Mrs. WALORSKI): BEYER, Mr. BISHOP of Georgia, Ms. Mr. HILL, Ms. MALLIOTAKIS, Mr. H.R. 1453. A bill to amend the Internal Rev- BONAMICI, Ms. BOURDEAUX, Mr. CON- FULCHER, Mr. MOORE of Alabama, Mr. enue Code of 1986 to allow a credit to small NOLLY, Mr. COOPER, Mr. DEFAZIO, Mr. LAHOOD, Mr. BABIN, Mr. RODNEY employers with respect to each employee EVANS, Mr. GARAMENDI, Mr. HAS- DAVIS of Illinois, Mr. ALLEN, Mr. who is a military spouse and eligible to par- TINGS, Mr. KEATING, Mrs. LEE of Ne- CURTIS, Mr. VARGAS, Ms. ESCOBAR, ticipate in a defined contribution plan of the vada, Mr. LIEU, Ms. NORTON, Ms. SE- Mr. COMER, Mr. ESTES, Mrs. LESKO, employer; to the Committee on Ways and WELL, Ms. TITUS, Mrs. WATSON COLE- Mr. MCCAUL, Mr. SCALISE, Mr. Means. MAN, and Ms. WILLIAMS of Georgia): ROUZER, Mrs. HARTZLER, Mr. STEIL, By Mr. ESPAILLAT (for himself, Mr. H.R. 1458. A bill to modernize the tech- Mr. LAMALFA, Ms. STEFANIK, Mr. SCHNEIDER, Mr. CICILLINE, Mr. COHEN, nology for delivering unemployment com- ´ MCCLINTOCK, Ms. HERRERA BEUTLER, Mr. SWALWELL, Mr. CARDENAS, Mr. pensation, and for other purposes; to the Mrs. RODGERS of Washington, Mr. BLUMENAUER, Ms. NORTON, Mrs. WAT- Committee on Ways and Means. ´ ROGERS of Kentucky, Mr. GROTHMAN, SON COLEMAN, Ms. VELAZQUEZ, Mr. By Ms. JAYAPAL (for herself, Mr. Mr. AUSTIN SCOTT of Georgia, Mr. SOTO, Mr. HASTINGS, Ms. DEAN, Mr. BRENDAN F. BOYLE of Pennsylvania, LOUDERMILK, Mr. CLOUD, Mr. COURT- RASKIN, Mr. KHANNA, Ms. SCHA- Ms. NORTON, Ms. LEE of California, KOWSKY OHNSON NEY, Mr. REED, Mr. CARTER of Geor- , Mr. J of Georgia, Ms. Ms. OMAR, Ms. OCASIO-CORTEZ, Ms. OCASIO-CORTEZ, Mr. GRIJALVA, Mr. gia, Mr. MCHENRY, Mr. THOMPSON of BUSH, Mr. TAKANO, Mr. BOWMAN, Ms. MCGOVERN, Mr. SMITH of Washington, Pennsylvania, Mr. WESTERMAN, Mr. SCHAKOWSKY, Mrs. WATSON COLEMAN, Mr. DEUTCH, Mr. CASE, Mr. EVANS, MULLIN, Mr. BURGESS, Mr. JOYCE of Mr. GRIJALVA, Mr. JONES, Ms. Mr. MEEKS, Ms. MENG, Ms. Pennsylvania, Mr. C. SCOTT FRANKLIN PRESSLEY, Mr. MCGOVERN, Mr. WASSERMAN SCHULTZ, Mr. SUOZZI, Mr. of Florida, Mr. SIMPSON, Mr. MAST, EVANS, Mr. KHANNA, Mr. GARCI´A of Il- HUFFMAN, Mr. RYAN, Ms. CASTOR of Mr. VALADAO, Mr. JOHNSON of Lou- linois, Ms. CHU, and Mr. SMITH of Florida, Ms. ROYBAL-ALLARD, Ms. isiana, Mr. BARR, Mr. DESJARLAIS, Washington): GARCIA of Texas, Mrs. CAROLYN B. Mr. DUNCAN, Mr. FLEISCHMANN, Mr. H.R. 1459. A bill to amend the Internal Rev- MALONEY of New York, Ms. CLARKE of GIBBS, Mr. GREEN of Tennessee, Mr. enue Code of 1986 to impose a tax on the net New York, Ms. WILSON of Florida, HUDSON, Mr. KELLY of Mississippi, value of assets of a taxpayer, and for other Mr. MORELLE, Ms. WEXTON, Mr. Mr. LUETKEMEYER, Mr. NEWHOUSE, purposes; to the Committee on Ways and DESAULNIER, Ms. JACKSON LEE, Ms. Means. Mr. ROGERS of Alabama, Mr. MCCOLLUM, Ms. CHU, Mrs. DEMINGS, By Ms. KUSTER (for herself and Mr. TIMMONS, Mr. CHABOT, Mrs. MCCLAIN, Mr. KILDEE, Mr. GARAMENDI, Ms. CARTER of Georgia): Mr. GARCIA of California, Mr. LYNCH, TLAIB, Ms. MOORE of Wisconsin, Ms. H.R. 1460. A bill to encourage States to re- Mr. AUCHINCLOSS, Ms. SCHAKOWSKY, LEE of California, Mr. THOMPSON of quire the installation of residential carbon Mrs. TRAHAN, Mrs. TORRES of Cali- Mississippi, Mr. GARCI´A of Illinois, monoxide detectors in homes, and for other fornia, Mr. PETERS, Mr. MEEKS, Mr. Mr. POCAN, Mr. LOWENTHAL, Mr. purposes; to the Committee on Energy and MEUSER, Mr. CA´ RDENAS, Mr. KEATING, Mrs. TORRES of California, Commerce. MOULTON, Mrs. RADEWAGEN, Mr. BLU- Ms. SCANLON, Mr. PAYNE, Mr. LYNCH, By Mr. LYNCH: MENAUER, Ms. MCCOLLUM, Mr. HAR- Mr. BROWN, Mr. BRENDAN F. BOYLE of H.R. 1461. A bill to provide transparency RIS MITH IL , Mr. S of Nebraska, Mr. K - Pennsylvania, Mr. SHERMAN, Ms. regarding waivers granted to individuals MER, Mr. SOTO, Mrs. HINSON, Ms. BARRAGA´ N, Ms. PINGREE, Ms. from executive orders related to ethics com- TENNEY, Mr. DAVIDSON, Mr. GOODEN SA´ NCHEZ, Mr. GOMEZ, Mr. AGUILAR, mitments or compliance, and for other pur- of Texas, Mr. GOSAR, Ms. CHENEY, Mr. Mr. LEVIN of California, Mrs. NAPOLI- poses; to the Committee on Oversight and BUCSHON, Mr. WILSON of South Caro- TANO, Ms. JAYAPAL, Ms. PORTER, Mr. Reform. lina, Mr. SESSIONS, Ms. FUDGE, and VARGAS, Ms. BROWNLEY, Mr. TRONE, By Mr. LYNCH: Mr. STAUBER): Mr. LIEU, Mr. SEAN PATRICK MALO- H.R. 1462. A bill to modify the require- H.R. 1448. A bill to direct the Secretary of NEY of New York, Ms. SHERRILL, Mr. ments for the registration of certain air- Veterans Affairs to carry out a pilot pro- COURTNEY, Mr. CARSON, Mr. NEGUSE, craft, and for other purposes; to the Com- gram on dog training therapy, and to amend Mr. PANETTA, Mr. CORREA, Mrs. mittee on Transportation and Infrastruc- title 38, United States Code, to authorize the HAYES, and Ms. STRICKLAND): ture. Secretary of Veterans Affairs to provide H.R. 1454. A bill to amend title 18, United By Mr. LYNCH: service dogs to veterans with mental ill- States Code, to require firearm assembly H.R. 1463. A bill to require a joint task nesses who do not have mobility impair- kits to be considered to be firearms; to the force on air travel during and after the ments; to the Committee on Veterans’ Af- Committee on the Judiciary. COVID-19 Public Health Emergency, and for fairs. By Ms. LOIS FRANKEL of Florida (for other purposes; to the Committee on Trans- By Mr. CLOUD (for himself, Mrs. herself, Ms. SPEIER, Mrs. LAWRENCE, portation and Infrastructure, and in addition HINSON, Mr. LAMALFA, and Mr. Ms. ESCOBAR, and Mr. to the Committees on Homeland Security, OWENS): KRISHNAMOORTHI): and Energy and Commerce, for a period to be H.R. 1449. A bill to amend the Internal Rev- H.R. 1455. A bill to obtain and direct the subsequently determined by the Speaker, in enue Code of 1986 to provide emergency sav- placement in the Capitol or on the Capitol each case for consideration of such provi- ings accounts for individuals; to the Com- Grounds of a monument to honor Associate sions as fall within the jurisdiction of the mittee on Ways and Means. Justice of the Supreme Court of the United committee concerned. By Mr. CLOUD (for himself, Mrs. States Ruth Bader Ginsburg; to the Com- By Mr. MALINOWSKI (for himself, Mr. HINSON, Mr. LAMALFA, and Mr. mittee on House Administration. KIM of New Jersey, and Mr. MCGOV- OWENS): By Mr. GARAMENDI (for himself, Mr. ERN): H.R. 1450. A bill to amend the Internal Rev- GRAVES of Louisiana, Ms. MENG, Mrs. H.R. 1464. A bill to impose sanctions with enue Code of 1986 to provide emergency sav- RADEWAGEN, Mr. PHILLIPS, Mr. CASE, respect to foreign persons listed in the Office ings accounts for small businesses; to the and Mr. SIRES): of the Director of National Intelligence re- Committee on Ways and Means. H.R. 1456. A bill to amend the Peace Corps port titled ‘‘Assessing the Saudi Govern- By Mr. COHEN (for himself, Ms. OMAR, Act to reauthorize the Peace Corps, better ment’s Role in the Killing of Jamal and Ms. NORTON): support current and returned volunteers, and Khashoggi’’, dated February 11, 2021; to the H.R. 1451. A bill to amend title 18, United for other purposes; to the Committee on For- Committee on Foreign Affairs, and in addi- States Code, to provide for prohibitions on eign Affairs, and in addition to the Com- tion to the Committee on the Judiciary, for eviction, and for other purposes; to the Com- mittee on Education and Labor, for a period a period to be subsequently determined by mittee on the Judiciary. to be subsequently determined by the Speak- the Speaker, in each case for consideration By Mr. CRENSHAW (for himself, Ms. er, in each case for consideration of such pro- of such provisions as fall within the jurisdic- GRANGER, Mr. TAYLOR, Mr. JACKSON, visions as fall within the jurisdiction of the tion of the committee concerned. and Mr. WEBER of Texas): committee concerned. By Ms. MALLIOTAKIS (for herself, Mr. H.R. 1452. A bill to direct the Secretary of By Mr. HIMES: GIMENEZ, and Ms. SALAZAR): Health and Human Services to publish the H.R. 1457. A bill to prohibit funds available H.R. 1465. A bill to require a local govern- formula the Secretary uses to determine the for the United States Armed Forces to be ob- ment to waive sovereign immunity to re- allocation of COVID-19 vaccines, and for ligated or expended for introduction of ceive any grant funds from the Department other purposes; to the Committee on Energy United States Armed Forces into hostilities, of Justice if such local government has and Commerce. and for other purposes; to the Committee on defunded a municipal police department, and By Mr. CROW (for himself, Mr. Foreign Affairs, and in addition to the Com- for other purposes; to the Committee on the WENSTRUP, Mr. BACON, Mr. CARTER of mittees on Armed Services, and Rules, for a Judiciary. Texas, Mr. CRIST, Mr. FITZPATRICK, period to be subsequently determined by the By Mr. MCHENRY (for himself and Mr. Ms. HOULAHAN, Mr. KELLY of Penn- Speaker, in each case for consideration of PASCRELL): sylvania, Mr. KELLY of Mississippi, such provisions as fall within the jurisdic- H.R. 1466. A bill to require the purchase by Mr. PANETTA, Mr. PERLMUTTER, Mr. tion of the committee concerned. the Federal Government of certain medical

VerDate Sep 11 2014 07:11 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\L01MR7.100 H01MRPT1 ctelli on DSK11ZRN23PROD with house H882 CONGRESSIONAL RECORD — HOUSE March 1, 2021 supplies and protection equipment from the speed rail development project in the State make a correction in the engrossment of United States, and for other purposes; to the of California that was subject to a previous H.R. 1319; to the Committee on the Budget, Committee on Armed Services, and in addi- cooperative agreement, and for other pur- and in addition to the Committee on House tion to the Committees on Homeland Secu- poses; to the Committee on Transportation Administration, for a period to be subse- rity, Energy and Commerce, Veterans’ Af- and Infrastructure. quently determined by the Speaker, in each fairs, Education and Labor, Ways and Means, By Mr. STEUBE: case for consideration of such provisions as Natural Resources, and Oversight and Re- H.R. 1473. A bill to require the Commis- fall within the jurisdiction of the committee form, for a period to be subsequently deter- sioner of Food and Drugs and the Director of concerned. mined by the Speaker, in each case for con- the Centers for Disease Control and Preven- By Mr. BOWMAN (for himself, Ms. sideration of such provisions as fall within tion to report to Congress all serious adverse BUSH, Ms. CLARKE of New York, Ms. the jurisdiction of the committee concerned. events that are reported to such agencies in JAYAPAL, Ms. MENG, Ms. OCASIO-COR- By Ms. MENG (for herself, Ms. SPEIER, connection with administration of a COVID- TEZ, Ms. PRESSLEY, Ms. WILLIAMS of Ms. VELA´ ZQUEZ, Mr. GRIJALVA, Ms. 19 vaccine, and for other purposes; to the Georgia, Mrs. WATSON COLEMAN, Mr. Committee on Energy and Commerce. GARCIA of Texas, Ms. KUSTER, Mr. CARSON, Ms. NORTON, Ms. TLAIB, Mrs. By Ms. WATERS (for herself and Mr. CARSON, Mr. COOPER, Ms. SCHA- DINGELL, Mr. GARCI´A of Illinois, Ms. SMITH of New Jersey): KOWSKY, Ms. LEE of California, Ms. JACOBS of California, Ms. VELA´ ZQUEZ, H.R. 1474. A bill to amend the Public DEAN, Mr. COHEN, Ms. TITUS, Mr. Mr. KHANNA, Ms. LEE of California, Health Service Act to authorize grants for CONNOLLY, Ms. NORTON, Mr. NADLER, Mr. JONES, Mr. ESPAILLAT, Mr. training and support services for families Mr. CASE, Mr. MCGOVERN, Mr. and unpaid caregivers of people living with BRENDAN F. BOYLE of Pennsylvania, KHANNA, Ms. OCASIO-CORTEZ, Ms. Alzheimer’s disease or a related dementia; to Mr. THOMPSON of Mississippi, Mr. CLARKE of New York, Mr. KEATING, the Committee on Energy and Commerce. HASTINGS, Ms. OMAR, Mr. POCAN, Mr. Mr. GARAMENDI, Ms. PRESSLEY, Mr. By Mrs. WATSON COLEMAN (for her- SAN NICOLAS, Mr. COHEN, Mr. NAD- SEAN PATRICK MALONEY of New York, LER, Mr. BLUMENAUER, Ms. SCHA- self, Mr. KATKO, Mrs. HAYES, Ms. Mr. GARCI´A of Illinois, and Mr. HAS- KOWSKY, and Ms. BASS): BARRAGA´ N, Ms. LEE of California, Mr. TINGS): H. Res. 180. A resolution expressing the CLEAVER, Ms. DEAN, Mr. HASTINGS, H.R. 1467. A bill to amend the Peace Corps sense of the House of Representatives that it Mr. LOWENTHAL, Ms. MOORE of Wis- Act to ensure access to menstrual products is the duty of the Federal Government to consin, Mr. THOMPSON of Mississippi, for Peace Corps volunteers, and for other dramatically expand and strengthen the care Mr. CA´ RDENAS, Ms. KELLY of Illinois, purposes; to the Committee on Foreign Af- economy; to the Committee on Education Mr. RASKIN, Ms. BLUNT ROCHESTER, fairs. and Labor, and in addition to the Commit- Mr. DESAULNIER, Ms. NORTON, Ms. By Ms. NORTON: tees on Energy and Commerce, Transpor- CLARKE of New York, Mr. SMITH of H.R. 1468. A bill to amend title 40, United tation and Infrastructure, Financial Serv- Washington, Mr. VARGAS, Mr. TRONE, States Code, to eliminate the leasing author- ices, Agriculture, the Judiciary, and Over- Ms. JACKSON LEE, Ms. BASS, Ms. ity of the Securities and Exchange Commis- sight and Reform, for a period to be subse- VELA´ ZQUEZ, Mr. BUTTERFIELD, Mr. sion, and for other purposes; to the Com- quently determined by the Speaker, in each BLUMENAUER, Mr. SAN NICOLAS, Mrs. mittee on Transportation and Infrastruc- case for consideration of such provisions as NAPOLITANO, Ms. SCANLON, Ms. OMAR, ture. fall within the jurisdiction of the committee Ms. WILSON of Florida, Ms. By Ms. PINGREE (for herself and Mr. concerned. WASSERMAN SCHULTZ, Mr. JOHNSON of GOLDEN): By Ms. CRAIG: Georgia, Ms. DEGETTE, Mr. H.R. 1469. A bill to amend the Wild and H. Res. 181. A resolution amending the FITZPATRICK, Mr. COHEN, Mr. GRI- Scenic Rivers Act to designate certain river Rules of the House of Representatives to pro- JALVA, Ms. ROYBAL-ALLARD, Mr. CAR- segments within the York watershed in the hibit Members of the House from serving on SON, Mrs. LAWRENCE, Mr. State of Maine as components of the Na- the boards of for-profit entities; to the Com- MALINOWSKI, Mr. DANNY K. DAVIS of tional Wild and Scenic Rivers System, and mittee on Ethics. for other purposes; to the Committee on Nat- Illinois, Ms. JOHNSON of Texas, Ms. ural Resources. PRESSLEY, Mr. SIRES, Ms. JAYAPAL, f By Ms. PRESSLEY (for herself, Mrs. Mrs. AXNE, Mr. EVANS, Ms. MCCOL- CONSTITUTIONAL AUTHORITY BEATTY, Mr. ESPAILLAT, Ms. NORTON, LUM, and Mr. LAWSON of Florida): STATEMENT Ms. ADAMS, Mr. GARCI´A of Illinois, H.R. 1475. A bill to address mental health Mr. KHANNA, Ms. PINGREE, Mr. BLU- issues for youth, particularly youth of color, Pursuant to clause 7 of rule X11 of MENAUER, Mr. MEEKS, Mr. LEVIN of and for other purposes; to the Committee on the Rules of the House of Representa- Michigan, Ms. TLAIB, Mr. TAKANO, Energy and Commerce. tives, the following statements are sub- By Mr. ZELDIN (for himself, Mr. Mr. RUSH, Mrs. KIRKPATRICK, Mrs. mitted regarding the specific powers GARBARINO, Ms. STEFANIK, Mr. CREN- CAROLYN B. MALONEY of New York, granted to Congress in the Constitu- Ms. SCHAKOWSKY, Mr. TORRES of New SHAW, Mr. FITZPATRICK, Mr. GON- ZALEZ of Ohio, Mr. STEUBE, Mrs. tion to enact the accompanying bi1l or York, Ms. DEGETTE, Mr. JOHNSON of joint resolution. Georgia, Mr. JONES, Mr. HASTINGS, WALORSKI, Mr. KILMER, Mr. BACON, Ms. CLARK of Massachusetts, Ms. Mr. CUELLAR, Mr. SUOZZI, Mr. STEIL, By Mr. THOMPSON of California: H.R. 8. VELA´ ZQUEZ, Mr. GOMEZ, Ms. LEE of Mr. ROSE, Mr. CAWTHORN, and Mr. Congress has the power to enact this legis- California, Mr. SMITH of Washington, FEENSTRA): H.R. 1476. A bill to authorize the Secretary lation pursuant to the following: Mr. MCGOVERN, Mrs. WATSON COLE- of Veterans Affairs to make grants to State Article I, Section 8, clause 3 provides Con- MAN, Ms. KAPTUR, Ms. WILLIAMS of and local entities to carry out peer-to-peer gress with the power to ‘‘regulate commerce Georgia, Ms. DELBENE, Mr. MOULTON, mental health programs; to the Committee with foreign nations, and among the several Ms. BUSH, Ms. BONAMICI, Ms. on Veterans’ Affairs. states, and with the Indian tribes.’’ JAYAPAL, and Mr. DAVID SCOTT of By Mr. YARMUTH: and Georgia): H. Res. 176. A resolution directing the Article I, Section 8, clause 18 allows Con- H.R. 1470. A bill to amend the Revised Clerk of the House of Representatives to gress to make all laws ‘‘which shall be nec- Statutes to remove the defense of qualified make a correction in the engrossment of essary and proper for carrying into execu- immunity in the case of any action under H.R. 1319; to the Committee on the Budget, tion’’ any of Congress’s enumerated powers. section 1979, and for other purposes; to the and in addition to the Committee on House By Mr. CARL: Committee on the Judiciary. Administration, for a period to be subse- H.R. 1445. By Mr. SHERMAN (for himself and Mr. quently determined by the Speaker, in each Congress has the power to enact this legis- FITZPATRICK): case for consideration of such provisions as lation pursuant to the following: H.R. 1471. A bill to amend the Federal fall within the jurisdiction of the committee Clause 18 of Section 8 of Article I of the Credit Union Act to include an exception for concerned. Constitution disaster area member business loans made by By Mrs. MURPHY of Florida: By Mr. CLYBURN: insured credit unions, and for other pur- H. Res. 177. A resolution authorizing can- H.R. 1446. poses; to the Committee on Financial Serv- didates for election to the House of Rep- Congress has the power to enact this legis- ices. resentatives and Members of the House of lation pursuant to the following: By Mrs. STEEL (for herself, Mr. Representatives to file statements with the Article 1, Section 8 of the United States MCCARTHY, Mr. CALVERT, Mr. Clerk regarding the intention to participate Constitution LAMALFA, Mr. NUNES, Mr. GARCIA of or not participate in the small donor financ- By Ms. BONAMICI: California, Mr. ISSA, Mrs. KIM of Cali- ing system for such elections under title V of H.R. 1447. fornia, Mr. MCCLINTOCK, Mr. BRADY, the Federal Election Campaign Act of 1971; Congress has the power to enact this legis- Mr. CRAWFORD, Mr. OBERNOLTE, and to the Committee on House Administration. lation pursuant to the following: Mr. PERRY): By Mrs. BICE of Oklahoma: Article I, Section 8 H.R. 1472. A bill to prohibit the use of Fed- H. Res. 178. A resolution directing the By Mr. STIVERS: eral financial assistance for a certain high- Clerk of the House of Representatives to H.R. 1448.

VerDate Sep 11 2014 07:11 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\L01MR7.100 H01MRPT1 ctelli on DSK11ZRN23PROD with house March 1, 2021 CONGRESSIONAL RECORD — HOUSE H883 Congress has the power to enact this legis- By Ms. KUSTER: To establish an uniform Rule of Natu- lation pursuant to the following: H.R. 1460. ralization, and uniform Laws on the subject Article I, Section 8, Clause 13 Congress has the power to enact this legis- of Bankruptcies throughout the United The Congress shall have Power to provide lation pursuant to the following: States; and maintain a Navy. Article I, Section 8. To coin Money, regulate the Value thereof, Article I, Section 8, Clause 12 By Mr. LYNCH: and of foreign Coin, and fix the Standard of To raise and support Armies, but no Appro- H.R. 1461. Weights and Measures; priation of Money to that Use shall be for a Congress has the power to enact this legis- To provide for the Punishment of counter- longer Term than two Years lation pursuant to the following: feiting the Securities and current Coin of the Article I, Section 8, Clause 14 Article I, Section 8, Clause 18. United States; To make Rules for the Government and By Mr. LYNCH: To establish Post Offices and Post Roads; Regulation of the land and naval Forces. H.R. 1462. To promote the Progress of Science and By Mr. CLOUD: Congress has the power to enact this legis- useful Arts, by securing for limited Times to H.R. 1449. lation pursuant to the following: Authors and Inventors the exclusive Right to Congress has the power to enact .this legis- Article I, Section 8, Clause 18. their respective Writings and Discoveries; lation pursuant to the following: By Mr. LYNCH: To constitute Tribunals inferior to the su- Article I, Section 8, Claus 1 of the Con- H.R. 1463. preme Court; stitution of the United States: ‘‘The Con- Congress has the power to enact this legis- To define and punish Piracies and Felonies gress shall have the Power To lay and collect lation pursuant to the following: committed on the high Seas, and Offenses taxes . . .’’ Article I, Section 8, Clause 18. against the Law of Nations; By Mr. CLOUD: By Mr. MALINOWSKI: To declare War, grant Letters of Marque H.R. 1450. H.R. 1464. and Reprisal, and make Rules concerning Congress has the power to enact this legis- Congress has the power to enact this legis- Captures on Land and Water; lation pursuant to the following: lation pursuant to the following: To raise and support Armies, but no Appro- Article I, Section 8, Claus 1 of the Con- Article I, Section 8, Clause 1 of the Con- priation of Money to that Use shall be for a stitution of the Unitd States: ‘‘The Congress stitution of the United States longer Term than two Years; shall have the Power To lay and collect By Ms. MALLIOTAKIS: To provide and maintain a Navy; taxes . . .’’ H.R. 1465. By Ms. WATERS: By Mr. COHEN: Congress has the power to enact this legis- H.R. 1474. H.R. 1451. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article I, section 8, clause 1; and Article 1, lation pursuant to the following: lation pursuant to the following: section 8, clause 18 of the Constitution of the Article 1 of the U.S. Constitution. Article I, Section 8: United States By Mrs. WATSON COLEMAN: CHENRY: By Mr. CRENSHAW: By Mr. M H.R. 1475. H.R. 1466. H.R. 1452. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article l, Section 8, Clause 18: To make all Article I, Section 8, Clause 3 Article I, Section 8, Clause 3 To regulate Laws which shall be necessary and proper for Article I, Section 8, Clause 18 Commerce with foreign Nations, and among carrying into Execution the foregoing Pow- By Mr. CROW: the several states, and with the Indian ers, and all other Powers vested by this Con- H.R. 1453. Tribes; stitution in the Government of the United Congress has the power to enact this legis- Article I, Section 8, Clause 18 To make all States, or in any Department or Officer lation pursuant to the following: Laws which shall be necessary and proper for thereof. Article I, Section 8, Clause 1 carrying into Execution the foregoing pow- By Mr. ZELDIN: By Mr. ESPAILLAT: ers, and all other Powers vested by this Con- H.R. 1476. H.R. 1454. stitution in the Government of the United Congress has the power to enact this legis- Congress has the power to enact this legis- States, or in any Department or Officer lation pursuant to the following: lation pursuant to the following: thereof. Article 1, Section 8 of the United States Article I Section 8: By Ms. MENG: Constitution. To make all laws which shall be necessary H.R. 1467. and proper for carrying into execution the Congress has the power to enact this legis- f foregoing powers, and all other powers vest- lation pursuant to the following: CONGRESSIONAL EARMARKS, LIM- ed by this Constitution in the government of Article I, Section 8, Clause 18 of the Con- ITED TAX BENEFITS, OR LIM- the United States, or in any department or stitution officer thereof. By Ms. NORTON: ITED TARIFF BENEFITS By Ms. LOIS FRANKEL of Florida: H.R. 1468. Under clause 9 of rule XXI, lists or H.R. 1455. Congress has the power to enact this legis- statements on congressional earmarks, Congress has the power to enact this legis- lation pursuant to the following: limited tax benefits, or limited tariff lation pursuant to the following: clause 18 of section 8 of article I of the Article I Constitution. benefits were submitted as follows: By Mr. GARAMENDI: By Ms. PINGREE: OFFERED BY MR. DEUTCH H.R. 1456. H.R. 1469. The provisions that warranted a referral to Congress has the power to enact this legis- Congress has the power to enact this legis- the Committee on Ethics in H.R. 1 do not lation pursuant to the following: lation pursuant to the following: contain any congressional earmarks, limited Article 1, Section 8, Clause 18 of the U.S. Article 1 section 8 tax benefits, or limited tariff benefits as de- Constitution By Ms. PRESSLEY: fined in clause 9 of rule XXI. By Mr. HIMES: H.R. 1470. H.R. 1457. Congress has the power to enact this legis- OFFERED BY MS. JOHNSON OF TEXAS Congress has the power to enact this legis- lation pursuant to the following: The provisions that warranted a referral to lation pursuant to the following: Article 1, Section 8, Clause 18 the Committee on Science, Space, and Tech- Article I, Section 8 of the United States By Mr. SHERMAN: nology in H.R. I do not contain any congres- Constitution clauses 11, 12, 13, 14, 18 H.R. 1471. sional earmarks, limited tax benefits, or lim- By Mr. HORSFORD: Congress has the power to enact this legis- ited tariff benefits as defined in clause 9 of H.R. 1458. lation pursuant to the following: rule XXI. Congress has the power to enact this legis- Article I, Section 8, Clauses 1 and 18 of the OFFERED BY MS. LOFGREN lation pursuant to the following: United States Constitution. The provisions that warranted a referral to Article I, Section 8, Clause 1 of the Con- By Mrs. STEEL: the Committee on House Administration in stitution of the United States H.R. 1472. H.R. 1 do not contain any congressional ear- By Ms. JAYAPAL: Congress has the power to enact this legis- marks, limited tax benefits, or limited tariff H.R. 1459. lation pursuant to the following: benefits as defined in clause 9 of rule XXI. Congress has the power to enact this legis- Article 1, Section 8 lation pursuant to the following: By Mr. STEUBE: OFFERED BY MRS. CAROLYN B. MALONEY OF This bill is enacted pursuant to the power H.R. 1473. NEW YORK granted to Congress under Article I of the Congress has the power to enact this legis- The provisions that warranted a referral to United States Constitution and its subse- lation pursuant to the following: the Committee on Oversight and Reform in quent amendments, and further clarified and To regulate Commerce with foreign Na- H.R. 1 do not contain any congressional ear- interpreted by the Supreme Court of the tions, and among the several States, and marks, limited tax benefits, or limited tariff United States. with the Indian Tribes; benefits as defined in clause 9 of rule XXI.

VerDate Sep 11 2014 07:11 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.004 H01MRPT1 ctelli on DSK11ZRN23PROD with house H884 CONGRESSIONAL RECORD — HOUSE March 1, 2021

OFFERED BY MR. NEAL H.R. 1 do not contain any congressional ear- OFFERED BY MR. NADLER The provisions that warranted a referral to marks, limited tax benefits, or limited tariff The provisions that warranted a referral to the Committee on Ways and Means in H.R. 1 benefits as defined in clause 9 of rule XXI. the Committee on the Judiciary in H.R. 1280 do not contain any congressional earmarks, OFFERED BY MS. WATERS do not contain any congressional earmarks, limited tax benefits, or limited tariff bene- The provisions that warranted a referral to fits as defined in clause 9 of rule XXI. limited tax benefits, or limited tariff bene- the Committee on Financial Services in H.R. fits as defined in clause 9 of rule XXI. OFFERED BY MR. SCOTT OF VIRGINIA 1 do not contain any congressional ear- The provisions in H.R. 1 that warranted a marks, limited tax benefits, or limited tariff OFFERED BY MR. SMITH OF WASHINGTON referral to the Committee on Education and benefits as defined in clause 9 of rule XXI. Labor do not contain any congressional ear- The amendment to be offered by Rep- The provisions that warranted a referral to marks, limited tax benefits, or limited tariff resentative SCANLON or a designee to H.R. 1, the Committee on Armed Services in H.R. benefits as defined in clause 9 of Rule XXI of the For the People Act of 2021, does not con- 1280 do not contain any congressional ear- the Rules of the House of Representatives. tain any congressional earmarks, limited tax marks, limited tax benefits, or limited tariff OFFERED BY MR. SMITH OF WASHINGTON benefits, or limited tariff benefits as defined benefits as defined in clause 9 of rule XXI. The provisions that warranted a referral to in clause 9 of rule XXI. OFFERED BY MR. PALLONE the Committee on Armed Services in H.R. 1 OFFERED BY MR. SCOTT OF VIRGINIA do not contain any congressional earmarks, The provisions in H.R. 842 that warranted a The provisions that warranted a referral to limited tax benefits, or limited tariff bene- referral to the Committee on Education and the Committee on Energy and Commerce in fits as defined in clause 9 of rule XXI. Labor do not contain any congressional ear- H.R. 1280 do not contain any congressional OFFERED BY MR. THOMPSON OF MISSISSIPPI marks, limited tax benefits, or limited tariff earmarks, limited tax benefits, or limited The provisions that warranted a referral to benefits as defined in clause 9 of Rule XXI of tariff benefits as defined in clause 9 of rule the Committee on Homeland Security in the Rules of the House of Representatives. XXI.

VerDate Sep 11 2014 07:11 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MR7.010 H01MRPT1 ctelli on DSK11ZRN23PROD with house E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION

Vol. 167 WASHINGTON, MONDAY, MARCH 1, 2021 No. 38 Senate The Senate met at 3 p.m. and was The PRESIDENT pro tempore. Con- The PRESIDENT pro tempore. The called to order by the President pro gratulations, Madam Secretary. clerk will report the resolution by tempore (Mr. LEAHY). (Applause.) title. f f The senior assistant legislative clerk read as follows: PRAYER RECOGNITION OF THE MAJORITY LEADER A resolution (S. Res. 79) notifying the The Chaplain, Dr. Barry C. Black, of- House of Representatives of the election of fered the following prayer: The PRESIDENT pro tempore. The the Secretary of the Senate. Let us pray. majority leader is recognized. There being no objection, the Senate Eternal God, who commands the f proceeded to consider the resolution. morning to appear, we place our trust NOTIFYING THE PRESIDENT OF Mr. SCHUMER. Mr. President, I ask in You. Lord, You keep us from dis- THE UNITED STATES OF THE unanimous consent that the resolution honor. Continue to show our law- ELECTION OF THE SECRETARY be agreed to and the motion to recon- makers the path where they should OF THE SENATE sider be considered made and laid upon fall. Point them to the right road. the table with no intervening action or When they have doubts, remove their Mr. SCHUMER. Mr. President, it is a proud day for the Senate, and I ask debate. uncertainty with Your wisdom. When The PRESIDENT pro tempore. With- unanimous consent that the Senate they have fears, remind them that You out objection, it is so ordered. proceed to the consideration of S. Res. are their refuge and strength. When The resolution (S. Res. 79) was agreed 78, submitted earlier today. they experience failure, strengthen to. them to rise again. Lord, lead them by The PRESIDING OFFICER. The clerk will report the resolution by (The resolution is printed in today’s Your truth and teach them how to RECORD under ‘‘Submitted Resolu- honor You. title. The senior assistant legislative clerk tions.’’) We pray in Your matchless Name. The PRESIDENT pro tempore. The Amen. read as follows: A resolution (S. Res. 78) notifying the majority leader. f President of the United States of the elec- f PLEDGE OF ALLEGIANCE tion of the Secretary of the Senate. SECRETARY OF THE SENATE There being no objection, the Senate The President pro tempore led the Mr. SCHUMER. Mr. President, we proceeded to consider the resolution. Pledge of Allegiance, as follows: begin this week on a joyful note: wel- I pledge allegiance to the Flag of the Mr. SCHUMER. Mr. President, I ask unanimous consent that the resolution coming an outstanding individual to United States of America, and to the Repub- serve as the new Secretary of the Sen- lic for which it stands, one nation under God, be agreed to and the motion to recon- indivisible, with liberty and justice for all. sider be considered made and laid upon ate, Ann Berry from the office of one Senator PATRICK LEAHY. f the table with no intervening action or debate. The position of the Secretary of the RESERVATION OF LEADER TIME The PRESIDENT pro tempore. With- Senate dates back to April 8, 1789, just The PRESIDENT pro tempore. Under out objection, it is so ordered. 2 days after the Senate achieved its the previous order, the leadership time The resolution (S. Res. 78) was agreed first quorum. Today, 1 day after the is reserved. to. conclusion of Black History Month and f (The resolution is printed in today’s on the first day of Women’s History RECORD under ‘‘Submitted Resolu- Month, Ann Berry was just sworn in as ADMINISTRATION OF OATH OF tions.’’) the first Black woman to ever serve as OFFICE f Secretary of the Senate—another glass The PRESIDENT pro tempore. Pur- ceiling broken. suant to S. Res. 29, the Secretary of the NOTIFYING THE HOUSE OF REP- It is a testament to her outstanding Senate-elect will now present herself RESENTATIVES OF THE ELEC- career as a public servant of the high- to the desk to take the oath of office. TION OF THE SECRETARY OF est caliber. Over her 40 years in Wash- Sonceria Ann Berry, escorted by Mr. THE SENATE ington, Ann has come to know the ins SCHUMER, advanced to the desk of the Mr. SCHUMER. Mr. President, I ask and outs of the Senate better than just President pro tempore, and the oath unanimous consent that the Senate about anyone else who works in the prescribed by law was administered to proceed to the consideration of S. Res. Capitol Complex. She came to Wash- her by the President pro tempore. 79, submitted earlier today. ington, a proud native of Birmingham,

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

S907

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VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.000 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S908 CONGRESSIONAL RECORD — SENATE March 1, 2021 AL, and a graduate of the University of The Senate will also confirm Dr. But any American who thinks that North Alabama, to work for Senator Cecilia Rouse to serve as the Chair of today, in 2021, that fight is over—that Howell Heflin. the Council of Economic Advisers, an- the fight for voting rights is over—is Clearly, word got around about her other history-making pick who will be sorely and, unfortunately, sadly mis- talents because, over the course of her the first Black official to head that De- taken. career, she went to work for Senators partment. In the wake of the most recent elec- CARPER, EDWARDS, MOYNIHAN, JONES, All three nominees are exceptionally tion, an election that the former Presi- and, most recently, as Senator LEAHY’s well qualified. All have received bipar- dent has repeatedly lied about and deputy chief of staff, where she was an tisan support in their respective com- claimed was stolen, more than 253 bills indispensable resource not only to Sen- mittees, including a unanimous vote in in 43 States have been introduced to ator LEAHY’s office but to my team and favor of Dr. Rouse. tighten voting rules under the per- to countless other Senators. As we continue the fight against the nicious, nasty guise of election integ- I want to thank Senator LEAHY for pandemic on all fronts—in particular, rity. parting with Ann and lending her con- the damage it has caused our schools In Iowa, the State legislature voted siderable talents to the full Senate. He and our economy—these nominees will to cut early voting by 9 days. Polls will told me he regretted her going, but he have a difficult and important task close an hour earlier. And they voted was so glad that the Senate had seen ahead of them. It will be very good to tighten the rules on absentee voting, her talents. news once we have them confirmed and which so many—the elderly, the dis- And thank you, Ann. Thank you for on the job. abled, the frail—depend on. accepting this incredible responsi- The Senate will then return to the In Wisconsin, Republican lawmakers bility. Congratulations on beginning American Rescue Plan, comprehensive have proposed limiting ballot drop your historic tenure, and we all wish legislation that will help us crush the boxes to one per municipality—a mu- you the best as you work to bring this virus, recover our economy, and get nicipality of hundreds of thousands, great institution to life. life back to normal. and a tiny one gets the small one. I As we all welcome Ann to her new (Ms. HIRONO assumed the Chair.) wonder why. I wonder why. Defeating the pandemic is national role, the Senate bids a fond farewell to In Arizona, one Republican legislator priority No. 1: getting our schools to Julie Adams and Mary Jones. Over the wants to pass a law allowing the State reopen as safely and quickly as pos- last 6 years, Julie Adams and Mary legislators—listen to this—to ignore sible; helping small businesses hang on the results of the Presidential election Jones have served as Secretary and As- until the economy can come roaring and determine their own slate of elec- sistant Secretary of the U.S. Senate back; keeping teachers and firefighters tors. One legislator in Arizona wants to with impeccable skill and unflappable and other essential employees on the pass a law allowing State legislators to professionalism. job; providing aid to the jobless, food ignore the results of the Presidential Both are longtime veterans of Wash- to the hungry, direct cash payments to election and determine their own slate ington. Julie worked for many years millions of Americans struggling— of electors. That doesn’t sound like de- under Leader MCCONNELL and First struggling—for the cost of rent, gro- mocracy. That sounds like dictator- Lady Laura Bush, while Mary served in ceries, medicine, and utilities; speeding ship. the White House under President the distribution of the vaccine, which The most reprehensible of all efforts George H. W. Bush and, as I remember, is the cornerstone to ending this aw- might be found in Georgia, where Re- because I was, I guess, chairman or fully dark chapter in American his- publicans have introduced a bill to ranking member—I can’t recall which, tory. maybe both—as staff director of the That is what our country needs, and eliminate all early voting on Sundays, Senate Rules and Administration Com- that is what the American Rescue Plan a day when Black churches sponsor mittee, where she did just a great job. will achieve. To paraphrase Franklin get-out-the-vote drives known as Both of them are friendly and famil- Roosevelt, we must do the first things ‘‘souls to the polls.’’ iar faces around here in the Senate. first. We have, supposedly—supposedly— Both have earned the respect here in Last week, the legislation passed in come a long way since African Ameri- the Senate of just about everyone who the House of Representatives. This cans in the South were forced to guess has worked with them. week, the Senate will take up the the number of jelly beans in a jar in Of course, Julie and Mary deserve measure. Let me say that again. The order to be allowed to vote. But it is special praise for their leadership over Senate will take up the American Res- very difficult to look at the specific the last 12 months. As a global pan- cue Plan this week. laws proposed by Republican legisla- demic forced the Senate to adapt to I expect a hearty debate and some tures around the country, designed to new ways, they kept the Senate func- late nights, but the American people limit voter participation in heavily Af- tioning in the midst of this historic sent us here with a job to do: to help rican-American and Hispanic areas, to crisis. And in the wake of the horrific the country through this moment of lower turnout and frustrate election attacks on January 6, Julie and Mary extraordinary challenge; to end, administration in urban districts and were heroic—heroic—in getting the through action, the greatest health cri- near college campuses, to gerrymander Senate back on its feet only a few sis our country has faced in a century. districts to limit minority representa- hours after the violence had been And that is just what we are going to tion ‘‘with almost surgical precision,’’ quelled. do. to specifically target and thwart Black To Julie and Mary, thank you. Thank f churches from organizing voting you for all you have done. The entire drives—it is difficult, very difficult not Senate wishes you and your families VOTING RIGHTS to see the tentacles of America’s gen- the very best, and we look forward to Mr. SCHUMER. Madam President, on erations-old caste system, typically as- seeing what the road ahead holds for another matter entirely, voting rights, sociated with slavery and Jim Crow, both of you. the story of American democracy is a stretching into the 21st century and f long and messy one, full of contradic- poisoning the wellspring of any true tions and halting progress. It was a democracy—free and fair elections. BUSINESS BEFORE THE SENATE century and a half after our founding We see a lot of despicable things Mr. SCHUMER. Mr. President pro before women got the right to vote, an- these days, but nothing that seems to tempore, now, on Senate business, the other half century before African be more despicable than this. When you Senate will have a busy week ahead of Americans could enjoy the full rights lose an election in a democratic soci- it. Today and tomorrow, the Senate of citizenship. It took mighty move- ety, you update your party platform will confirm two more members of ments and decades of fraught political and appeal to more voters. You don’t President Biden’s Cabinet: Dr. Miguel conflicts to achieve even those basic change the rules to make it harder for Cardona to serve as Secretary of Edu- dignities and establish the United your opponents to vote, especially not cation and Governor Gina Raimondo to States as a full democracy worthy of African Americans, Hispanics, Native serve as Commerce Secretary. the title. Americans, and other voters who have

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.002 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S909 been historically disenfranchised. That family of five who had been trapped in Whenever their long-term liberal response is toxic to democracy and, in- their car. dreams came into conflict with what deed, is the very opposite of democ- Once again, Kentucky’s brave first Americans actually need right now, racy. responders are stepping up at a time of Democrats decided their ideology Make no mistake, these despicable, need. We are all grateful for their dedi- should win out. discriminatory, anti-democratic pro- cated efforts and praying for their safe- Well, it doesn’t have to be this way. posals are on the move in State legisla- ty. We could have built more practical tures throughout America. They must All Kentuckians can help the first re- policies to help the American people be opposed by every American—Demo- sponders by continuing to follow the move forward. Some Senate Repub- crat, Republican, Independent; liberal, recommendations of local emergency licans literally went down to the White conservative, moderate—who cherishes personnel. My team and I are closely House and proposed that both sides our democracy. monitoring the situation, and we will work together, like we did five times This is just incredible what they are be ready to assist however we can. last year. The administration declined. trying to do—incredible. We must do f So this is where we are: a bad process, everything we can to stop it. a bad bill, and a missed opportunity to AMERICAN RESCUE PLAN f do right by working families. Mr. MCCONNELL. On another mat- f MEASURES PLACED ON THE ter, at about 2 a.m. on Saturday morn- CALENDAR—S. 461 AND S.J. RES. 9 ing, House Democrats rammed through FOREIGN POLICY Mr. SCHUMER. Madam President, I the bonanza of partisan spending they Mr. MCCONNELL. Now, on one final understand there are two measures at are calling a pandemic rescue package. matter, last weekend brought dis- the desk due for a second reading en Only Democrats voted for it. Both Re- concerting headlines for the supporters bloc. publicans and Democrats voted against of freedom and democracy in Asia. In The PRESIDING OFFICER. The lead- it. Burma the military junta’s month-long er is correct. Last year, under a Republican Senate coup turned bloody. Eighteen pro- The clerk will read the bills by title and a Republican administration, Con- testers have been murdered and at en bloc for the second time. gress passed five historic coronavirus least a thousand civilian officials have The senior assistant legislative clerk relief bills—five of them. Not one of been imprisoned on farcical grounds. read as follows: the five bills got fewer than 90 votes in In Hong Kong, China’s puppet regime the Senate or less than about 80 per- A bill (S. 461) to create a point of order arrested 47 democracy advocates, in- against legislation modifying the number of cent over in the House. cluding some who helped draw millions Justices of the Supreme Court of the United Ah, but alas, this time Democrats to the streets in peaceful protests in States. have chosen to go a completely par- 2019, and are now holding them without A joint resolution (S.J. Res. 9) proposing tisan route. Even famous liberal econo- bail. an amendment to the Constitution of the mists and liberal editorial boards are Unfortunately, in both places, this United States to require that the Supreme saying their half-baked plan is poorly sort of repression has become a famil- Court of the United States be composed of targeted to what families needed. iar part of life, and it could be a dark nine justices. We have gone from passing public re- preview of developments elsewhere if Mr. SCHUMER. Madam President, in lief with 80 percent and 90 percent bi- the free world does not act. order to place the bills on the calendar partisan supermajorities last year to Even as Burma’s civilian government under the provisions of rule XIV, I the Speaker of the House ramming this made history in 2015, the military would object to further proceedings en through with just 50.7 percent of the made clear it would keep using cro- bloc. House on Friday night. The bill con- nyism and constitutional manipulation The PRESIDING OFFICER. Objec- tains all kinds of liberal spending on to obstruct real popular control. In last tion being heard, the bills will be pet projects with no relationship what- year’s election, the people overwhelm- placed on the calendar. soever to pandemic relief. ingly demanded true democracy and Mr. SCHUMER. I yield the floor. Remember, we are almost to the 1- economic transparency, but that also f year anniversary of a leading House raised the risk for those working pub- Democrat admitting they see this RECOGNITION OF THE MINORITY licly to make permanent reforms. whole crisis as ‘‘a tremendous oppor- LEADER The military’s detention spree has tunity to restructure things to fit our hit Burma’s civilian leaders, including The PRESIDING OFFICER. The Re- vision.’’ people like Mya Aye, a longtime Mus- publican leader is recognized. So, sorry to all the American fami- lim pro-democracy leader. It has also f lies who have just been hoping to get swept up some of the brightest eco- their jobs back, their schools back, and nomic reformers working to fight cor- KENTUCKY their lives back. Democrats are more ruption and grow prosperity—brave Mr. MCCONNELL. Madam President, interested in some restructuring. That men like Bo Bo Nge, who spent years once again, our communities across my is why only 1 percent—1 percent—of locked away in Burma’s Insein prison home State of Kentucky are enduring this huge package goes directly to vac- in the 1980s and 1990s, built a successful the aftermath of severe—very severe— cinations—1 percent for vaccinations. life abroad, and returned to help the ci- weather. From east to west, heavy That is why it proposes another 12- vilian government craft economic re- rains have drenched the Common- digit sum of Federal funding for K–12 forms. wealth. Sadly, some of the hardest hit schools, even though science shows Madam President, I ask unanimous areas were still in the midst of trying those schools can be made safe right consent that this Washington Post ar- to recover from last month’s dangerous now. About 95 percent of that funding ticle detailing Bo Bo Nge’s story be ice and snow. Emergency crews, first won’t even go out this fiscal year. printed in the RECORD. responders, and now the Kentucky Na- Ninety-five percent of the school fund- There being no objection, the mate- tional Guard are continuing to work ing in this bill won’t go out this year. rial was ordered to be printed in the around the clock to prevent this bad And this is an emergency package? RECORD, as follows: situation from becoming entirely trag- That is why they are pushing eco- [From the Washington Post, March 1, 2021] ic. nomic policies that would drag down AN AMERICAN SUCCESS STORY IS LOST IN An entire nursing home in Magoffin our recovery—like the House’s vote for MYANMAR’S COUP County was evacuated as a safety pre- a one-size-fits-all minimum wage pol- (By Shibani Mahtani) caution. Feet of water submerged vehi- icy that would kill 1.4 million jobs or HONG KONG.—Bo Bo Nge’s path typified cles and caused power outages in continuing to pay laid-off workers a that of his generation’s brightest and brav- Calloway County. premium to stay home that would ex- est: Jailed as a student for protesting Wolfe County firefighters followed tend well into a recovery where job Myanmar’s military regime in 1988, he spent the light of a cell phone and saved a growth and rehiring will be pivotal. years learning English from dictionary pages

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.004 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S910 CONGRESSIONAL RECORD — SENATE March 1, 2021 smuggled into his Yangon cell. After his re- was fluent, and after a stint exporting taro dience against military rule. Soon he will lease and continued persecution, he fled to stems harvested from Myanmar’s lnle Lake run out of things to sell, he admits, but says the United States. to South Korea, he moved to America’s lush, he will do anything to keep the resistance He made a new life, rising from dishwasher mountainous Berkshires, where he attended afloat. to an economist with a six-figure salary. But community college. ‘‘The country’s economy was already in his heart never left Myanmar, and armed ‘‘He was immediately helpful, kind and so danger’’ before the coup, he said. ‘‘Whether with a Ph.D., he returned home as a demo- good-natured,’’ said Marion Lathrop, 84, who or not the generals hold an election in a year cratic transition took hold, leading to his hosted Bo Bo Nge with her husband, Don, as promised, the economy will collapse any- appointment in 2017 as deputy governor of then a professor at Berkshire Community way. So it is worthwhile to sacrifice every- the central bank—where he served alongside College. ‘‘It was kind of hard to grasp the thing to bring them down.’’ others who fought for democracy three dec- fact that someone with that nature could Since her husband was taken on Feb. 1, ades earlier. have gone through that kind of ordeal.’’ Hnin Wai Lwin has had trouble sleeping and Just after dawn on Feb. 1, five soldiers ap- Immediately, friends said, Bo Bo Nge got has lost her appetite. Memories of basic peared at Bo Bo Nge’s home in Myanmar’s down to business, acquiring a driver’s license facts—when they arrived in the United capital, Naypyidaw, and demanded he come and a car to drive between his odd jobs and States, her husband’s age—are fading or have with them, according to his wife. She and his college. In 2001, two years after his arrival, become confused. She has moved back to friends have not heard from him since. he won a scholarship to Bard College, and Shan state up north, away from the mili- Bo Bo Nge’s fate, along with that of other after graduation, he pursued a master’s de- tary-run capital, Naypyidaw, for her safety intellectuals, lawyers and young leaders de- gree in economics at Johns Hopkins Univer- and that of their 5-year old son, who she said tained in the military coup that deposed sity. is always asking for his father, unable to Aung San Suu Kyi’s civilian government, Through those years, he maintained a comprehend what has happened. once again epitomizes dashed hopes for a bet- long-distance love with his future wife, Hnin She cannot stop thinking about the health ter future in Myanmar. These reformers and Wai Lwin, better known by her nickname Me of her husband, who is in his 50s, and wheth- technocrats, whose skills and experience Kyi, whom he met on lnle Lake at her shop er he has run out of the limited supply of helped salvage the country’s antiquated fi- where she sold trinkets under a famed pa- medicines she packed in a bag before he left nancial system in recent years, are now si- goda. Their international calls were a source with the soldiers. In an interview, she said lenced and subject to the whims of isola- of entertainment for her village—where resi- Bo Bo Nge was suffering from gastro- tionist generals. dents could listen in on a central broadcast intestinal disease and hypertension, for In Myanmar coup, grievance and ambition as phones were scarce—before she joined him which he needs medical treatment. drove military chiefs power grab. in Massachusetts seven years after his depar- ‘‘I am also not in good health, and we are At the same time, Myanmar’s security ture, according to several friends. not together,’’ she said. ‘‘I am very sorry. We forces are cracking down on protesters, kill- His first job was at a subsidiary of the should be together, whatever the cir- ing 18 on Sunday. More than 1,130 people, in- American Institute of Economic Research, cumstance.’’ cluding Bo Bo Nge, have been arrested since where he eventually earned six figures—epit- Kyaw Ye Lynn in Yangon contributed to the coup. omizing the American immigrant success this report. His predicament is made more urgent by story. Colleagues were ‘‘immediately struck Mr. MCCONNELL. Madam President, his health issues and the fragile state of by his brilliance,’’ said Seth Hoffman, now even foreign nationals have been sub- Myanmar’s economy, already battered by vice president of that subsidiary, American jected to unjustified detention. The the coronavirus pandemic. Banks have closed Investment Services. world is closely watching the case of their doors as hundreds of thousands of peo- ‘‘Given his particular skill set, Bo Bo could ple, including tellers, resist the coup by re- have gone on, if he was reoriented in a dif- Sean Turnell, an Australian scholar fusing to go to work, pushing the economic ferent direction, to be on a bond desk in a who has spent years helping Burma’s system closer to collapse. The few military- major investment bank,’’ Hoffman said. ‘‘He civilian leaders unlock its economic linked banks that remain open have re- could have had a more comfortable life.’’ potential. stricted customer numbers, while the central But Bo Bo Nge, heartened by a hopeful yet The administration has been right to bank is limiting withdrawals across finan- uncertain military-led transition to democ- condemn the junta and to consult with cial institutions, raising fears of a cash racy that began in 2010, wanted to do ‘‘some- Congress on an appropriate response. shortage. thing more than make money,’’ according to But as Burma’s protesters begin to pay ‘‘When someone like Bo Bo arrived back in Ba Win. Inspired by a conversation the two Myanmar, it was like a bottle of water to a had about a lack of skilled leaders in the ultimate price for speaking out, person in the desert,’’ said Ba Win, a former Myanmar—the military shuttered its best the United States must make it clear provost of Bard College at Simon’s Rock, universities after the 1988 uprising and re- that military and police officials will who helped Bo Bo Nge move to the United opened them only in 2014—Bo Bo Nge pur- face crippling costs of their own. This States. Bo Bo Nge, he added, ‘‘had the intel- sued a doctorate at the School of Oriental should include the military-owned lectual training and discipline to look at and African Studies in London, where Suu holding companies, which have deep economic issues in a way that transcended Kyi was a research student in the 1980s. roots in Burma’s economy. It is time to parochial political interests.’’ When he went back to join the government In an interview with Frontier magazine, as deputy central bank governor in 2017, the lead an international effort to support Win Thaw, the military’s chosen replace- military had ceded some control to a civilian the people of Burma. ment for Bo Bo Nge, accused protesters and leadership and the economy was making It is also time to strengthen our calls those participating in the civil disobedience great strides. Poverty had been halved from for an international response to Chi- movement of ‘‘destroying their own coun- a decade prior, growth was picking up, and na’s shameless human rights abuses, try’s economy.’’ reformists were driving policy changes, beginning with Hong Kong. Another ‘‘Policies differ from one government to keeping down inflation and modernizing the round of arrests in the last several another, but they should have a common central bank. In the recent coup, several of days has sent a new wave of student ac- goal, which is to develop the country and not Suu Kyi’s leading economic advisers were de- tivists to prison with no due process. trouble the people,’’ he said. The military tained, including Australian economist Sean government, he added, is ‘‘doing their best.’’ Turnell, and Min Ye Paing Hein, a former They join veteran pro-democracy per- Bo Bo Nge’s first stint in detention was at World Bank economist who was the deputy formers like my friends Martin Lee and Yangon’s lnsein prison, where he served industry minister. None have been heard Jimmy Lai, who were already rounded more than four years for participating in the from since they were taken by authorities. up. 1988 pro-democracy uprising, which the mili- As the military tightens its hold on power The United States cannot outsource tary regime brutally crushed. The sprawling and the prospect of reconciliation grows dim, our moral authority in championing complex is one of the city’s most visible the European Union and other Western coun- democracy around the world. When we landmarks, where behind towering metal tries are readying sanctions against stay silent, the voice of the inter- gates prisoners were subjected to torture and Myanmar’s generals and their economic in- other inhumane treatment. There, Bo Bo terests, following moves by the United national community is channeled Nge’s health began to deteriorate, and his States. through forums where the most noto- teeth rotted from neglect, friends and family A general strike on Feb. 22, meanwhile, rious human rights abusers preside say. added momentum to Myanmar’s civil disobe- over their own trials. Locked up alongside academics and intel- dience movement. Many taking part in the The ironically named U.N. Human lectuals, he was exposed to lofty conversa- resistance say sacrificing the economy is Rights Council boasts a membership tions about history, economics and philos- their only way to bring down the junta and including such paragons of virtue as ophy. He and his fellow prisoners would bury achieve democracy. smuggled English dictionary pages under the Zaw Zaw, a 41-year-old garment factory the Russian Federation, which has muddy floors of their cells, studying them owner in Yangon, said he sold an apartment begun sending residents to prison for furiously when guards were not around. By and his car to support those who are forgoing non-state-sanctioned religious beliefs; the time he was released in 1993, Bo Bo Nge a paycheck to participate in acts of disobe- and Venezuela, whose rap sheet the

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.001 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S911 State Department spells out as ‘‘arbi- will always honor. My staff and I will but to remain strong, this country also trary detention,’’ ‘‘forced disappear- work hard every day to live up to that needs welders, plumbers, nurses, equip- ances,’’ and ‘‘extrajudicial killings’’; trust. ment operators, electricians, and and Cuba, whose government exports Like the Presiding Officer, my con- craftsmen. These are jobs that have ex- repressive tools to countries like Ven- stituents sent me to Washington to cellent pay and great futures. If the ezuela; and, of course, the People’s Re- represent them and to help make their Democrats want to pass a massive in- public of China itself, where the hypoc- lives better. I recognize we all have our frastructure bill, they need to first ask: risy stretches from repression in Hong differences, but we are all on the same Who is going to build it? That is why I Kong to internment and torture of the team. We have got an offense and a de- will be looking for any opportunity to Uighur people in Xinjiang. fense, but at the end of the day, we are support career technical programs that The Biden administration has adver- still on the same team. One of the prepare a skilled workforce. Our goal tised a foreign policy focused on human things we can do together as a team is should be to restore America to a coun- rights and democracy and quite pub- to create more opportunity for more try that makes things again. licly announced its intention to rejoin people. In my view, that starts with No. 3, we have got to start teaching the U.N. Human Rights Council. Fine, education. our young people moral values again. let Burma and Hong Kong and Xinjiang I have been an educator, a coach, and That starts with putting God and pray- and Belarus be tests of this administra- a mentor to young people for 40 years. er back in our schools. Our kids need tion’s approach to the council. But the I recruited 18- to 19-year-olds from all structure, and they need to learn right White House must not put much trust over the country and all walks of life. from wrong. I have watched everything into this corrupted institution. We I saw how they lived. I was a father fig- that has happened in education over should be uniting like-minded democ- ure to hundreds of young men who had the past few decades from a front-row racies around actions that the United one or no parents. I coached young peo- seat on my sideline as a coach. It is Nations panels are either unwilling or ple from all backgrounds—rich, poor, embarrassing. As a person who chooses unable to take. With respect to Hong and everybody in between. I mentored to spend their career in education, I Kong, the prior administration took young people of all races, religions, and now have the opportunity to say some- several concrete steps, from closing economic backgrounds. thing as a U.S. Senator. PRC investment loopholes in Hong As someone who has had a chance to Kong to opposing targeted sanctions. travel across the country and this Our young people are our No. 1 hope Now is the time for the Biden admin- globe for my career, I have seen how for this country’s future. If we don’t istration to show its resolve as it con- other people live. One thing I have recognize that, we are going to lose our fronts serious tests of its own. learned is that education is the key to country as we know it. As of 2018, the I suggest the absence of a quorum. freedom—the key to freedom—the free- United States is 13th in the world for The PRESIDING OFFICER. The dom to live the life you want. I have reading, 18th for science, and we are clerk will call the roll. seen firsthand how education can give 36th in the world for math. That is un- The senior assistant legislative clerk you a leg up and a way out. It is a way acceptable. proceeded to call the roll. to achieve the American dream. When This country was built on hard work. Mr. TUBERVILLE. Madam Presi- we empower our young people with a It was built on competition, whether it dent, I ask unanimous consent that the quality education, we give them the is business or individual. Education order for the quorum call be rescinded. gift of an opportunity, the greatest gift and athletics teach you how to com- The PRESIDING OFFICER. Without our country can give our citizens. And pete, how to have grit, determination, objection, it is so ordered. what I found out as a coach is that, and to work together as a team. Now, f when people are given an opportunity you can learn everything you want to better themselves, they usually take from books, but if you don’t learn to MAIDEN SPEECH it. persevere and compete, it is hard to Mr. TUBERVILLE. Madam Presi- I think I can safely say I have been in succeed. dent, I rise today to speak on the Sen- more public schools than any Senator Some people in this country think ate floor for the first time as a U.S. ever. Too often, I have found that we that you are owed something simply Senator from the great State of Ala- are failing our young people by not because you live in the United States bama. providing the quality education they of America. This country doesn’t owe I want to share some thoughts on deserve. It is not about money; it is you a job or a paycheck. This country how we can work together as a team to about people; it is about what we value only owes you one thing, and that is an improve the lives of our constituents and what we teach. Improving edu- opportunity, but what is great about and to provide more opportunity for cation in this country should be one of this country is that it also gives you the next generation of Americans, but the, if not the top, priorities we have. the opportunity to fail. That might before I begin, I want to take a mo- That is why I am proud to be a new sound a little funny coming from a ment to thank the people of Alabama. member of the Senate Health, Edu- football coach who spent his entire ca- For the last 2 years, I have traveled cation, Labor, and Pensions Com- reer trying to win, but here, if you fail, the State, from Mobile to Muscle mittee. On the HELP Committee, we this country will give you a chance to Shoals, from the Wiregrass to Lake need to work together as a team to do get back on your feet and try to suc- Guntersville, and many places in be- three things. ceed again and again. You don’t get tween. I talked to folks from all walks First, we need to recognize that par- that opportunity in most countries on of life. Mostly, I listened, which is ents and teachers know how to best God’s green Earth. something we can all do better. I lis- educate our young people in their com- tened to people’s hopes, and I listened munities because we are all different. That being said, I appreciate the op- to their concerns. I heard what they The Federal Government does not need portunity to serve with Chairwoman thought was going right in our country to tell parents in Alabama how to MURRAY and Ranking Member BURR, and State and what they thought was teach their kids. We don’t need a one- and I look forward to getting down to going wrong, and even after being a size-fits-all education curriculum. work and returning education to one of football coach my entire career, work- What works in San Francisco will not our top priorities. ing day and night, running for the Sen- necessarily work in Scottsboro, AL. I yield the floor. ate was still the hardest thing I have Second, we should recognize that ever done, but I enjoyed every minute. education takes many forms. Not every f In the end, I asked the people of Ala- student in America needs to go to a 4- bama to trust me with the responsi- year college or university. To ensure CONCLUSION OF MORNING bility of representing them here in our country remains competitive in the BUSINESS Washington, and they did. It is hum- 21st century, we need to promote bling. It is an opportunity to serve my STEM education to those students who The PRESIDING OFFICER. Morning country that I respect, cherish, and have an interest in math and science, business is closed.

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.006 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S912 CONGRESSIONAL RECORD — SENATE March 1, 2021 EXECUTIVE SESSION no questions asked. We were still in the licans. It turns out the only people in midst of a pandemic. The economy was America who are against this approach flat on its back. I didn’t care that Don- of taking this pandemic seriously are EXECUTIVE CALENDAR ald Trump was still President; there the Republicans in the House of Rep- The PRESIDING OFFICER. Under was work to be done for America. Nine- resentatives and apparently in the Sen- the previous order, the Senate will pro- ty-two Senators voted for that; 96 in ate. ceed to executive session to resume March, 92 in December under President Every day this Senate delays passing consideration of the following nomina- Trump. the Biden American Rescue Plan, more tion, which the clerk will report. Well, how many Republican Senators small businesses close their doors, The bill clerk read the nomination of are now stepping up to help us with the workers lose their jobs, parents turn to Miguel A. Cardona, of Connecticut, to American Rescue Plan that President food banks and soup kitchens to feed be Secretary of Education. Biden has proposed? I am still waiting. their families, and more and more fam- The PRESIDING OFFICER. The None so far. Now it has become a par- ilies face homelessness. Democratic whip. tisan exercise to talk about dealing One provision that was included in RAISING THE MINIMUM WAGE with the real pandemic and economic the House version of the American Res- Mr. DURBIN. Madam President, back crisis of this country. cue Plan will not be part of the Senate in 2017, before anyone had ever heard of What is going on in this Chamber? plan, and that is the gradual increase COVID–19, our Republican colleagues Have we decided now, since we have a in the Federal minimum wage. could hardly vote fast enough for a $1.9 new President of a different political Now, I understand. The rules in the trillion tax bill. Most of the benefits of faith, that the other side cannot sup- Senate, particularly when it comes to that bill went to the wealthiest people port efforts to increase the amount of reconciliation, as conceived by the late in America—$1.9 trillion in tax cuts, money for vaccines and distribution Robert C. Byrd, are almost impossible most of it to the ultrawealthy and across America, to send a cash pay- to understand and defend. I get it. I am large corporations. And of course there ment to families who are struggling to not blaming any one person for that. was little talk about the deficit and get by, to give unemployment benefits That is a reality, and I have been here the debt when that was going on. to millions of Americans when those for a while, and I have seen it. So cur- Now we are in the midst of a pan- benefits are scheduled to run out in rently we cannot offer the Federal min- demic, and COVID–19 has killed more just 2 weeks? imum wage under the so-called rec- than half a million Americans. Ameri- All we hear from the other side is: onciliation bill because of the Byrd cans are hurting. Our economy is hurt- You know, we may be overspending rules. ing. Millions are unemployed. And our here. We should have thought of this Our Senate Parliamentarian ruled last week that passing a Federal min- friends across the aisle are asking how before. little we can get away with doing at Yes, you should have, and you didn’t imum wage increase as part of the res- this moment in time. They want to under a Republican President. Now it cue plan is not permitted under those know how much we can cut from Presi- has become an issue. rules. I respect the Parliamentarian’s dent Joseph Biden’s American Rescue A year ago, at the beginning of the judgment. I may disagree and I may be Plan. Can we cut money to open pandemic, 96 to zero for a $2 trillion disappointed, but I respect her judg- ment. Our Republican friends should schools? Can’t we just wait? Let’s just COVID relief plan. Maybe if we had had know this, however: Senate Democrats wait and see what happens. That is an administration that wisely managed aren’t going to give up on raising the their question. How about cutting the COVID response, we wouldn’t have minimum wage. The issue is not going funds to help keep families from losing been in that mess. Maybe if we had had away. a President who for the first year of their homes? How about cutting the Do you know how long it has been this coronavirus wasn’t making up sto- funds for vaccination sites? How low since we raised the minimum wage in can we go? ries that it is going to go away; it will America? Twelve years. Twelve years. One point nine trillion dollars in tax disappear by Easter; it won’t be a prob- The Presiding Officer knows that. That cuts for millionaires and billionaires— lem if everybody would just take a shot is the last time we increased the Fed- no problem. A President who denies the of Lysol; a new chemical I have discov- eral minimum wage. truth about a pandemic as it rages ered some of my friends are taking and Twenty-nine States have done some- across America—no problem. But when all the rest—remember that? Remem- thing about it, but 21 have not, and we Americans elect a new President with a ber those press conferences? And what don’t have a change in the Federal law. mandate and a plan to finally break was going on while the last President That is the longest that our Nation has the back of this pandemic, get our was ignoring the reality of that ever gone without raising the min- economy back on its feet, get our kids COVID–19 pandemic? America was get- imum wage since Congress created that back in schools, and actually help ting sick, and Americans were dying. wage in 1938. American families, suddenly a lot of We have 5 percent of the world’s pop- During this pandemic, billionaires— folks on the other side of the aisle have ulation and 20 percent of the COVID–19 people like Jeff Bezos, Elon Musk, Bill lost interest. deaths. What is going on here in a Gates, Mark Zuckerberg—they have Do you remember last year? I do. We great nation like America? Well, for a done pretty well. They have seen their discovered this COVID–19 and started year, we didn’t get it together because net worth increase by billions, even to worry about it, as we should. In we didn’t have a President who accept- tens of billions of dollars. How about March of last year, we passed a bill ed reality. Now we have a President middle-class families? What do they that cost almost $2 trillion—the larg- who accepts reality and wants to do see? They see their savings dwindle, est spending bill in the history of the something about it. He was elected to and they find it almost impossible to United States—under President Trump, lead, and he wants to lead. make ends meet. and it got 96 votes in the Senate—96 Where is the Republican support? Fortunately, as I said, many States votes. Every Democrat and every Re- Democrats were there for the Trump are acting. Washington is not. In 29 publican Senator who voted, voted for plan; Republicans aren’t there for the States, including Illinois, the State it, and I was one of them. Did I stop Biden plan. We wasted time and re- minimum wage is higher than the Fed- and say: Wait a minute; President sources, but now President Biden eral minimum wage. The Federal min- Trump may get credit for this. No. We wants to turn it around. imum wage is $7.25 an hour. In Illinois, had an American crisis, a challenge, The American Rescue Plan, proposed our State minimum wage is set to and we needed to respond to it. by President Biden and passed by the reach $15 an hour by 2025, just like the And then what happened in December House of Representatives last week Biden plan. Most States that have in- of last year, while President Trump without a single Republican vote, no creased their minimum wage have done was still in office? The second COVID– Republican support for it, has the sup- so because their State legislatures 19 rescue plan came through, some $900 port of 80 percent of the American peo- have come to the rescue. Some States, billion. I was one of those who were ple—overwhelming majority of Demo- like Missouri and Arkansas, raised the part of drawing it up, and I voted for it, crats and Independents, even Repub- minimum wage by ballot measures.

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.007 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S913 Americans support raising the min- er. Nobody has said it better. Nobody side over this historic trial fell to me, imum wage. could. But in the meantime, we have to as it would have anybody who would I see Senator LEAHY from Vermont get up and vote. have been President pro tempore. I just has come to the floor. Remember when Madam President, I am going to put happened to be. we used to have a colleague back there in a quorum call for just a minute, and I was not going to shirk my duty. My in the back row who would stand up then I will take it off. staff and I spent hundreds of hours and bellow about the minimum wage? I suggest the absence of a quorum. poring over the constitutional back- His name was Ted Kennedy from Mas- The PRESIDING OFFICER. The ground of these trials. I read tran- sachusetts. He didn’t let a month go by clerk will call the roll. scripts. I read everything. And what I or 2 months go by without reminding The bill clerk proceeded to call the found is, throughout our Nation’s his- us that a lot of people were struggling roll. tory, each President pro tempore has to get by in this country and we sit Mr. LEAHY. Madam President, I ask almost without exception belonged to a here in Washington ignoring it, and unanimous consent that the order for political party, and each has no doubt that is why he would push for an in- the quorum call be rescinded. had their own personal and political crease in the minimum wage. The PRESIDING OFFICER (Ms. views on the matters before the Sen- We are told that $15 an hour is exor- DUCKWORTH). Without objection, it is ate. But when presiding over the Sen- bitant by some and that it is going to so ordered. ate, as I go back through history, I see hurt the economy. The truth is just the IMPEACHMENT Presidents pro tempore have histori- opposite. Raising the Federal min- Mr. LEAHY. Madam President, ear- cally served as a neutral arbiter, imum wage gradually to $15 an hour lier this month, actually for the first issuing rulings where appropriate and will strengthen the American economy time in—earlier last month, I should preserving order. I consider holding the because minimum wage workers are say, in February, for the first time in Office of the President pro tempore and most likely to spend the money they our Nation’s history, the Senate con- the responsibilities that come with it get on the necessities of life as soon as vened as a Court of Impeachment to as one of the highest honors but also they get it—food, clothing, housing. try a former President for a high crime one of the most serious responsibilities Last week, one of our Republican col- and misdemeanor. of my career here in the Senate. leagues gave a speech and said that he For 5 days, every Member of the Sen- When presiding over an impeachment worked for $6 an hour when he was a ate was here to hear presentations and trial, the President pro tempore takes kid and he is opposed to the $15-an- arguments from an extraordinarily in- an additional—not just his regular role hour minimum wage. Well, if you took telligent group of Congressmen and but an additional one to do impartial that six bucks an hour and just Congresswomen representing the House justice according to the Constitution matched it with inflation, it would be of Representatives. We also heard from and the laws. This is an oath that I up over $15 an hour today. Reminiscing counsel for former President Donald take extraordinarily seriously. about the ‘‘good old days’’ of $6 an hour Trump. After listening to the compel- In fact, to demonstrate my commit- is only done by people who don’t have ling evidence presented by the House ment to preside over the trial with to live on $6 an hour. managers, I voted to convict President fairness and transparency, before the Contrary to popular misconceptions, Trump for inciting the Capitol riots on trial I wrote a letter to every single most minimum wage workers are not January 6, and I will have a lot more to Senator and the parties to the trial. In teenagers. According to the Economic say about my vote to convict the it I made clear my intention and my Policy Institute, 59 percent of workers former President in a later statement. solemn obligation was to conduct the who would benefit from the Federal Today, though, I am going to speak trial with fairness to all. I committed minimum wage are women—women. about the unique role I had in this his- to adhering to the Constitution and to They are taking a beating in this pan- toric trial as its Presiding Officer. It is applicable Senate rules, precedents, demic. They stay at home to watch the unique in the history of the Senate, and governing resolutions. kids who can’t go to school, trying to and I thought for my fellow Senators I committed to consulting with the deal with daycare that has closed and, also, for historical purposes I Senate’s esteemed and nonpartisan down, losing their own jobs—that is the would like you all to know some of my Parliamentarian, Elizabeth reality. feelings. MacDonough, and I committed to being Many mothers—two-thirds of them Now, I understand why some of my guided by Senate precedent should a are the sole or primary breadwinners in Republican friends were skeptical of a motion or an objection or a request or their family and count on the min- Democratic Senator presiding over the an application be put before me. I reit- imum wage. Nearly one in four workers trial of a Republican former President. erated that any decision I made—any who would receive a raise under the $15 I noted the Constitution does not con- decision I made—from the Chair would Federal minimum wage is a Black or template that the Chief Justice would be subject to the review of the full Sen- Latina woman. preside over the impeachment trial of a ate—every Democratic Senator, every During this pandemic, America has former President, but I also note the Republican Senator, every Independent relied on minimum wage workers to do impeachment process, no matter who Senator. And I stated I would put any the hard work and dangerous work in presides, is inherently and often in- matter before the entire Senate in the the pandemic. Do you want to know tensely divisive. Presidential impeach- first instance where appropriate in the real pandemic heroes? Do you want ments have historically been partisan. light of the precedents and practices of to reduce poverty and raise oppor- Having a member of one particular the Senate, giving all Senators an tunity in America? Pay workers a liv- party in the Chair presiding over the equal say in resolving the issue at the ing wage. Allow workers to share the trial could understandably give some outset. I also informed all Senators, economic prosperity they are creating pause. though, that I would enforce the Sen- with their dedication and labor. Now, as my fellow Senators know, I ate rules, and I would enforce the At this moment, we may not have a did not ask, I did not seek to preside precedent governing decorum and do path, but I hope we can find one. It is over this trial, but I am occupying the what I could to ensure the trial re- time for us to raise the minimum wage, constitutional office of the President flected the best traditions of the Sen- to give the American workers the real pro tempore, and because I am, it was ate. wage they need to survive, and to show incumbent upon me to do so. A Court Now, with the trial behind us, I be- that we really do value the dignity of of Impeachment is not a civil or a lieve I made good on those commit- work. criminal court; it is a constitutional ments. My job wasn’t to shape the trial I yield the floor. court. And the President pro tempore, or to direct or slant it in any par- The PRESIDING OFFICER. The Sen- as a constitutional officer, has histori- ticular way but to make sure the rules ator from Vermont. cally presided over impeachment trials were followed, the proceedings were Mr. LEAHY. Madam President, I of non-Presidents. As President fair to all parties, consistent with the want to associate myself with the Trump’s term had expired before the will of the whole Senate, and I believe words of the distinguished deputy lead- trial began, the responsibility to pre- it was.

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.017 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S914 CONGRESSIONAL RECORD — SENATE March 1, 2021 I did my best. I followed the advice of than allegiance to any person or polit- jobs than President Obama’s proposed the Parliamentarian and enforced our ical party, and my commitment to the $50 billion infrastructure program. It rules and precedents. Where objections Constitution and this great institution was pretty evident, then, from people’s were raised, they were ultimately re- of the Senate are listed high among opinion at that time, that the election solved without a vote challenging the them. of 2010 sent a clear message that the rulings I made from the Chair. I have felt from the first day I came American people wanted Congress to While I never faced this situation, be- here that the Senate can be and should stop wasteful spending. So it didn’t fore the start of the trial I had de- be the conscience of the Nation. I take long for President Obama to get cided—and I had informed the Parlia- wanted to help make sure that con- the message. He had a weekly address mentarian of my decision—that should science was upheld, and I appreciate on November 13, 2010, calling upon Con- a ruling of mine be appealed, I would the fact that my colleagues elected me gress to stop earmarks. He said: ‘‘Given abstain from voting as a Senator on President pro tempore and gave me the deficits that have mounted over the question of whether to sustain my this opportunity. the past decade, we can’t afford to own ruling. Now, I know from the Con- I suggest the absence of a quorum. make these investments’’—in things stitution and the practices and the The PRESIDING OFFICER. The like infrastructure, education, re- rules of the Senate, the Presiding Offi- clerk will call the roll. search, and development—‘‘unless we cer is fully empowered to do so—to The legislative clerk proceeded to are willing to cut what we don’t need.’’ vote—and it happens routinely during call the roll. Now, I am going to give you a further legislative sessions. But in going back Mr. GRASSLEY. Madam President, I Obama quote, and it is a fairly long through all the hundreds of pages—the ask unanimous consent that the order one, but it is coming from a Demo- thousands of pages—I could not find a for the quorum call be rescinded. cratic President. historical precedent for Presiding Offi- The PRESIDING OFFICER. Without I agree with those Republican and Demo- cers doing so during impeachment objection, it is so ordered. cratic members of Congress who’ve recently trials, and I was determined to strictly BUDGET EARMARKS said that in these challenging days, we can’t adhere to precedent, even if it limited Mr. GRASSLEY. Madam President, afford what are called earmarks. Those are the Appropriations Committee is re- items inserted into spending bills by mem- my authority as a Senator in this in- bers of Congress without adequate review. stance. portedly preparing to announce the re- Now, some of these earmarks support wor- Now I would note that, on two occa- turn of earmarks. That is a process thy projects in our local communities. But sions during the trial, I felt it was nec- that, around here, we know. People many others do not. We cannot afford essary to remind counsel—and I did, as back home might not know, so let me Bridges to Nowhere like the one that was did Chief Justice Roberts during Presi- explain that the process of earmarks planned a few years back in Alaska. Ear- dent Trump’s first trial—to refrain inserts individual projects designated marks like these represent a relatively small from using language that was not con- for specific interests into a bill, most portion of overall federal spending. But when it comes to signaling our commitment to fis- ducive to civil discourse. On the final often an appropriations bill. When I cal responsibility, addressing them would day of the trial, when it got a little bit say ‘‘individual projects,’’ it means have an important impact. heated, I was prepared to do so in Senators doing it for probably their We have a chance to not only shine a light stronger terms, if needed. Yet, during district or their State. on a bad Washington habit that wastes bil- closing arguments, I believe neither Earmarks are a practice that has be- lions of taxpayer dollars, but take a step to- side gave me reason to do so. come a symbol to the American people wards restoring public trust. We have a Now, like those who presided over of the waste and out-of-control spend- chance to advance the interests not of Re- the three prior Presidential impeach- ing in Washington. I am strongly publicans or Democrats, but of the American people; to put our country on a path of fiscal ment trials in our history, I understood against the return of earmarks. discipline and responsibility that will lead to each of my decisions was important The earmark moratorium was imple- a brighter economic future for all. And historically and would become impor- mented as a direct result of the events that’s a future I hope that we can reach tant precedents to guide those who pre- leading up to the election of 2010, and across party lines to build together. side over trials in the future, just as I there was clearly a mandate coming Remember, President Obama said in had read and studied the precedents of from that 2010 election to do away with 2010 that earmarks are bad. Unlike past trials. earmarks. So people sometimes think, 2020—today we are in even more dismal Since the conclusion of the trial, through the elections or through con- fiscal shape with even larger Federal both Republican and Democratic Sen- tacting Congress, they don’t have an deficits and a ballooning Federal debt. ators have thanked me for being fair, impact. In this case, it had a very dra- According to the Congressional Budget and I appreciate that greatly. I may matic impact that has lasted at least Office, the Federal debt held by the have had a prominent role for this his- until now, and hopefully it will last public stood at 100 percent of GDP at toric trial, but I was committed to not longer. the end of fiscal year 2020 and is pro- shaping it in any way. I just wanted to The American people spoke because jected to reach 102 percent of GDP at give voice to our institution’s prece- they were worried at that time about the end of 2021. dents and rules and to otherwise let the country’s growing Federal deficit In other words, even though we have the Senate determine the trial’s struc- and ballooning public debt—something the largest economy in the world, we ture and direction, to let each side we aren’t as concerned about now as we owe more than the entire U.S. economy present its case, and let the chips fall were then and we ought to be con- is producing in a year. If we stay on where they may, but let the Senate do cerned about more so now because the this course, CBO projects that by 2031, its job. debt has more than doubled during debt will equal 107 percent of GDP, the I have now had the opportunity to sit that period of time. highest in the Nation’s history. as a judge and juror in numerous im- At that time, back in 2010, the debt America cannot afford to go back to peachment trials, including three trials was estimated to be 62 percent of gross including earmarks in some ill-con- of Presidents. All were historic mo- domestic product. ceived effort to grease the wheels to ments for the Senate and this country. In 2009, President Obama and con- pass legislation only because it in- I hold no illusion that the Senate was gressional Democrats passed a $787 bil- cludes the pet projects of Members of at its best for every moment of every lion stimulus bill that was filled with Congress. trial, but each has nonetheless in- wasteful spending, special projects, and While a small part of the budget—and creased my respect for our system of unauthorized programs that com- I would have to admit, earmarks are a government and our Constitution. pletely violated the rules of the road small part of the budget—earmarks can I was proud to uphold my oath as a for responsible governance. cause Members of Congress to focus on Senator and as a Presiding Officer, my In September 2010—so at the time of projects for their districts or States in- oath to do impartial justice according the election I am talking about—in a stead of holding government account- to our Constitution and the laws dur- Rasmussen poll, 61 percent of U.S. vot- able and being fiscally responsible. ing last month’s trial. There are some ers said cutting government spending Congress should follow regular order things I consider far more important and deficits would do more to create by authorizing funding for programs

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.018 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S915 with very specific criteria. Legislation, I have heard the argument that ear- the details, and most of those details including funding bills, should be marks are needed to pass bills in a bi- are worked out through massive regu- passed on its merits, not on whether an partisan manner. I have consistently lation writing. earmark is included. been ranked among the most bipar- Congress can reclaim its legislative Dr. Tom Coburn, former Senator tisan Senators by the Georgetown Uni- authority by including specific guide- from Oklahoma, said: versity Lugar Center. Check it out for lines for implementing programs in Earmarks are the gateway drug to . . . yourself. I know from experience that both authorization and appropriations spending addiction. true bipartisanship doesn’t come from bills. Congress should regularly review There is an insatiable appetite for voting for legislation that I might oth- Federal programs to ensure that fund- projects, and this leads to large bills erwise have concerns about because an ing criteria reflect the needs of the weighed down with spending our coun- earmark or a pet project is included in Americans and engage in robust over- try can ill afford, whether we are talk- the bill. True bipartisanship comes sight of Departments and Agencies to ing about appropriations or authoriza- from reaching out across the aisle to ensure congressional intent is met. tion bills. reach consensus, even when there are Rigorous oversight and well-drafted A Congressional Research Service— disagreements on other issues, to real- legislation that clearly sets out con- CRS, as we know it—study showed that ly get things done for the American gressional intent for how a program from 1994 to 2011, there was a 282-per- people. should be administered is the constitu- cent jump in earmarks in appropria- President Biden, in his inaugural tional job of Congress. tions bills. In the fiscal year 1994 ap- speech, called for ‘‘Bringing Americans A good example of Congress not keep- propriations bill, there were 4,155, together. Uniting our people. And unit- ing the power of the purse and dele- and—can you believe this?—by 2011, ing our nation.’’ He also recognized gating significant authority to that number for earmarks had risen to that Americans have serious disagree- unelected bureaucrats at the pro- 15,887. Also according to the CRS, the ments. Everyone knows that our coun- grammatic level is the Affordable Care total value of earmarked funds in- try is deeply divided politically. I know Act, sometimes called ObamaCare, creased from about $35 billion for 6,000 from his time in the Senate that Presi- earmarks in 2000 to over $72 billion for which was rammed through Congress dent Biden understands that people of on a party-line vote. The text was nearly 16,000 earmarks in 2006. good will can have honest disagree- Earmarks get out of control when around 2,700 pages long, but the regu- ments about policy, so he knows that latory implementation of ObamaCare there is no effective check on total unity does not mean dropping deeply spending, while at the same time, ear- required well over 20,000 pages. That is held beliefs and accepting his policy a bad way to implement public policy, marks lead to overspending. Com- agenda. He said: mittee chairmen kindly say to the particularly considering that the law Every disagreement doesn’t have to be a Members who have earmarks in bills or redirected one-fifth of the U.S. econ- cause for total war. omy. who want earmarks in bills: Are you Disagreements must not lead to disunion. On top of the law are tens of thou- going to vote for this appropriations Real unity requires true bipartisan- bill if we put your earmark in? That sands of pages of Federal rules and reg- ship and working together to discover ulations administered by a score of sort of thing should never be a deter- what binds us together as Americans, mination whether or not a Member Federal Departments, Agencies, and even when we strongly disagree politi- Boards. This isn’t how our Founding votes for an appropriations bill. cally. Earmarks are not a way to bring So you shouldn’t feel pressured to Fathers envisioned Congress protecting this unity, and, in fact, would make support a vicious cycle of increased the American people, and it is a bad this unity more difficult by attempting spending on bad legislation just be- way to do business. to paper over fundamental disagree- cause it includes earmarks, especially As a matter of fairness, earmark ments with window dressing while by- in this time of the pandemic. Congress project funding should be merit-based should be focused on targeted spending passing the real work of compromise. Now, in a similar vein, some people and competitive or allocated by for- to continue to help the American peo- argue that earmarks are needed to help mula. Earmarks undermine State deci- ple who are suffering to recover, not pass bills in a timely manner. In 2006, sion making over funds that are allo- finding ways to load up a bill with at the height of earmark spending in cated to States through formula-based sweeteners that may be problematic on grants. Political decisions should not their own. appropriations bills, only two appro- priations bills passed on time. In the 10 preempt State and regional decision According to a 2016 Economist/ making. Earmarks should not be a YouGov poll, 63 percent of Americans years prior to the earmark ban, Con- gress never enacted more than four shortcut for State and local govern- approve the ban on earmarks; only 12 ments engaging in long-term planning percent disapproved. standalone appropriations bills on time. and budgeting for anticipated needs. This quote by Citizens Against Gov- And, furthermore, State and local gov- ernment Waste President Tom Schatz This holds true for reauthorization bills as well. Most, then, as you know ernments and other organizations to this publication, Just the News, should not be spending time and money makes a strong argument for not lift- the practice is, we just simply extend them for 1 fiscal year at a time. to hire lobbyists to chase after Federal ing the earmark ban. He said: dollars in hopes of getting an earmark. Earmarks are the most corrupt, costly, In the case of the past several high- and inequitable practice in the history of way reauthorization bills, which were The money spent on lobbying and Congress. They led to members, staff, and notorious for earmarks before the ear- travel to pursue an earmark should be lobbyists being incarcerated. mark moratorium, all needed multiple applied toward the local project itself. You know, there are people who went extensions before they were signed into If a Federal Agency or program isn’t to jail because of how some of this stuff law. working, then Members of Congress was handled. In the form of legalized I have also heard the argument that should fix it instead of seeking a carve- bribery, Members of Congress vote for article I of the Constitution says that out. Highway authorizations bills are a tens or hundreds of billions of dollars Congress holds the power of the purse perfectly good example of the problems in appropriations bills in return for a and that Congress has ceded its own with earmarks. few million dollars in earmarks for power without earmarks. I agree that In 1987, President Reagan vetoed the their State or congressional district. Congress now cedes its own power but Transportation bill because of—guess Earmarks go to those in power, as not by not having earmarks. Rather, what—too many earmarks. That bill shown during the 111th Congress when Congress cedes its power by failing to included only 152 earmarks. In 1998, the the 81 members of the House and Sen- follow the budget process and stick to Transportation bill, called TEA–21, in- ate Appropriations Committees, who a budget. cluded 1,850 earmarks. The State of constituted 15 percent of Congress, got Now, the greatest sin: Congress can Florida challenged the earmarks in- 51 percent of the earmarks and 61 per- be fairly accused of lazy legislation by cluded for the State, arguing that the cent of the money. Restoring earmarks drafting vague provisions granting au- allocated funding did not address the will lead to the same result. thority to Agency heads to work out actual transportation needs of the

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.021 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S916 CONGRESSIONAL RECORD — SENATE March 1, 2021 State. The U.S. Department of Trans- that came from the electorate, like it active and energetic in benefiting oth- portation overruled Florida’s objec- did in 2010, and both Republicans and ers in Meriden. tions. Democrats come back to these halls So to his parents, I say thank you for In the 2005 bill—so I am going to an- where we have debate and make policy, sharing with us Miguel. To his family, other Transportation bill; it was called saying no more earmarks. thank you for supporting him through- the SAFETEA-LU—included 6,371 ear- I yield the floor. out his enormous journey and adven- marks. Let’s go over that again. Let’s The PRESIDING OFFICER. The Sen- ture. go back. In 1987, President Reagan ve- ator from Connecticut. His extraordinary accomplishments toed a bill because there were only 152 NOMINATION OF MIGUEL A. CARDONA have led him to this place of consum- earmarks. Ten years later, TEA–21 in- Mr. BLUMENTHAL. Madam Presi- mate prominence in the educational cluded 1,850 earmarks and then, 2005, dent, I couldn’t be prouder to stand in professional community, and now he 6,371 earmarks. the Senate Chamber today and speak will do great things for the cause of However, under the earmark ban, the on behalf of Miguel Cardona, shortly to education in our country, not just Con- last Transportation bill distributed 92 be confirmed by this body as the next necticut. percent of the funding to the States Secretary of Education. His service never stopped in the through formulas. And then, you know, Miguel Cardona is a man of deep classroom. He brought that knowledge that gives States and local govern- commitment to his community and, of what happens in the classroom to es- ments control over the funding deci- with pride, a product of the Con- tablish policy in Connecticut in an sion based on the needs of the 50 dif- necticut education system. I couldn’t enormously challenging time. He took ferent States, based on safety, engi- be prouder to support him because over as commissioner of education on neering, and other objective criteria, as President Biden couldn’t have made a February 26, 2020, at the time of opposed to politically directed ear- better choice to be the next Secretary COVID–19 lockdowns and school clo- marks that totally sweep aside those of Education. sures, which began just a couple of criteria. It was almost a political deci- Miguel Cardona’s story is inspiring weeks after he assumed that responsi- sion where that money ought to be put. and compelling, a testament to the ex- bility. It should also be pointed out that the traordinary support he has enjoyed But as he has done throughout his majority of the earmark funds in the from his parents, from the community educational and professional career, he past came straight out of the allocated of Puerto Rico, who lived in Meriden, consistently reaffirmed his commit- formula dollars for each State, which the support he enjoyed from the public ment to students, parents, and teach- then further eroded merit and State schools and institutions of higher edu- ers because they are the core of our and local decision making. In other cation in Connecticut. His powerful educational system, especially stu- words, Washington politicians were and compelling story should be inspir- dents who have been potentially left making decisions better made by the ing to all America because he has lived behind. His bold vision and dedication to students and their families is ex- nonpartisan boards in State capitols the American dream. And for anyone actly what we need now in an Edu- and local communities. And when I say whose language may be something cation Secretary, providing direction ‘‘nonpartisan boards,’’ I don’t suppose other than English as their first lan- and support to our Nation’s public it is that way in all 50 States, but I guage, he has shown that people com- schools—direction and support after a know in most Midwestern States it is ing to our public schools, with English time when leadership was so sorely that way. as their second language, should see no lacking and commitment to public edu- I know that a lot of good has come bounds to what they can accomplish. cation was so unfortunately inad- from projects that I have helped sup- He came to the public schools of equate. port in Iowa, when we had our ear- Meriden as a second-language learner As we know, COVID–19 has chal- marks, and I certainly did not want of English. He was raised in Meriden by lenged educators, students, families, Iowa to miss out on funding just be- Puerto Rican parents. He found an and school administrators, day in and cause of a Washington dysfunction that early passion for education. And his day out, during this very difficult and we called earmarks. However, I also skill and dedication went beyond his painful period. Disadvantaged students know that many of these earmarks dis- own life. He did extraordinarily well who lack support and resources at rupted our State and regional planning and attended two Connecticut institu- home have been left behind. Teachers efforts. I have no way of knowing what tions of higher education—Central Con- are strained and stressed by changing good might have been done had we not necticut State University and the Uni- environments and a lack of resources. had earmarks banned earlier. I do versity of Connecticut—eventually Parents are concerned and over- know that I have faith that the Federal earning his doctorate in education. But whelmed, managing their children’s money that goes back to Iowa for he went back to Meriden. He dedicated schooling and their own work at home. Iowans and the Iowans deciding how it his life to the education of others, be- Students in higher education are is to be spent is being spent thought- ginning as a fourth grade teacher in drowning in student debt that has left fully and well and not with a lot of po- Meriden and then becoming principal— them crippled financially and unsure litical consideration. the youngest in the State—and eventu- about their future. Any good that might come from my ally assistant superintendent before These challenges pose a grave threat being able to direct small amounts of just about a year ago being appointed to the future of our children and our Federal taxpayer dollars to some as commissioner of education in the educational system, and we need a worthwhile pilot project would be State of Connecticut. leader just like Dr. Cardona—one dwarfed by the negative effects of re- His climbing looks meteoric and mi- whom we have lacked, one who can re- starting the mad scramble for ear- raculous, but it was based on hard gain our Nation’s trust and reestablish marks. work and a dedication and passion to faith in the leadership of our edu- So I hope, my colleagues, the rumors education for others, because he saw it cational community at the very top in I have been hearing about the Appro- in his own life and how it enabled him the Department of Education. priations Committee wanting to re- to live the American dream. He is someone who will put students institute earmarks, I hope that those For all of his accomplishments and back on their feet, in their confidence people would pay some attention to the that meteoric rise, he has remained and their trust in education. He is history of it and particularly pay at- deeply rooted in the Meriden commu- someone who will put teachers, par- tention to what President Obama said nity, deeply committed to his roots in ents, and students first, above special in 2010 about earmarks and not go Puerto Rico, and deeply committed to interests, because he has lived Amer- through another process, maybe start- his family. His parents, who should be ican education as the American dream. ing out with just a few earmarks but so proud of him, are an inspiration to In Connecticut, he has seen firsthand getting up into more than several all of us who know them and who have in his own life how education can years, more than 10,000 earmarks in seen their work in Meriden continue. transform futures and enable all of us, various appropriations bills, and then Even as he has climbed the professional through our children, to live the Amer- all of a sudden then have a mandate ladder, they have remained rooted and ican dream just as he has done. And he

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.022 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S917 will do it in a way that is inclusive, have adjusted their operations to keep In the aftermath of these widespread that respects the drive for racial jus- up with the demand, while imple- outages, of course, two questions jump tice, because he has lived that move- menting precautions to keep their vol- out at you: One is, What happened? ment in his own life—the movement for unteers safe and healthy. So I was glad And, two, how do we prevent it from racial justice. To end disparities and to join the President and First Lady to ever happening again? inequities are part of Miguel Cardona’s learn more about the incredible ways We know now, at least so far, that agenda because it is his life. It is in his that the Houston Food Bank has con- there wasn’t a single point of failure. DNA, and it is part of his heritage and tinued to serve the community in the But where it has to do with the power, his family. And that is the reason why wake of this winter storm. this was the result of failures in equip- I am so proud of his success, but also of As I have said before and, as the ment across the State that weren’t his vision and his dedication to the fu- President reiterated on Friday in Hous- properly winterized. Natural gas lines, ture of American education. ton, there is no red team, there is no wind turbines, and other power equip- I urge my colleagues to vote yes for blue team during a time of crisis. ment froze, cutting off a huge percent- his confirmation. You will be proud FEMA officials have said that dis- age of our power generation capacity. you did, just as I am proud to stand aster response efforts work best when The remaining generators were over- here in support of him. He has lived the they are locally executed, State man- loaded by the sky-high demand of these American dream, and he will open it aged, and federally supported, and I subzero temperatures, and much of through his vision and his courage for agree that is the appropriate formula. Texas went through rolling blackouts countless other young people who des- This structure gives local officials the and more. perately need that faith in their coun- ability to cater response efforts to This storm claimed the lives of near- try and its schools. their specific communities while tap- ly 80 Texans. It left millions without Today, American public education ping into the range of resources avail- power and water for several days. It de- has a future that is bright and prom- able from the State and Federal Gov- stroyed homes and businesses and cre- ising with Miguel Cardona’s leadership. ernment. ated a sense of fear across the State. I am proud to say he is a product of I want to assure my fellow Texans We need to do what we can now to Connecticut. His roots are there, and that I and the entire Texas delegation ensure that Texas’s critical infrastruc- so is his vision and hope and faith. here in Congress will continue to do ev- ture will be able to withstand anything I yield the floor. erything we can to be responsive to the Mother Nature sends our way. It is not The PRESIDING OFFICER. The Sen- needs that they have. Part of that, just about Texas. It is really about the ator from Texas. though, is through rapid mobilization critical infrastructure throughout the TEXAS of resources. After Governor Abbott, as United States. Mr. CORNYN. Madam President, last I said, made the formal request for an I am working on a measure to build Friday, I joined Governor Abbott, fel- emergency disaster declaration, Sen- grid resiliency, so we can maintain re- low Members of the Texas congres- ator CRUZ and I sent a letter to Presi- liable power throughout any type of ex- sional delegation, and several State dent Biden urging him to grant that re- treme weather. Whether it is a polar and local leaders and joined President quest. And, as I said, he did so without vortex or a heat wave or a hurricane or Biden on his first trip to Texas since delay. tornado, our grids and energy sources So this formal disaster declaration taking office on January 20. We only across the country must be able to op- wish it could have come under better has allowed our State to receive a erate without disruption. This should circumstances. range of resources to respond to the be a bipartisan priority for folks from Texans, of course, are still reeling crisis, including blankets, bottled every corner of the United States. from the deadly winter freeze that crip- water, generators, and additional fuel. In Texas, we are accustomed to our pled our critical infrastructure and left These resources were vital to sus- infrastructure being able to withstand millions without power and water. taining hospital operations and sup- the high temperatures we are used to Thousands of Texans are still without porting the most vulnerable Texans during the summer, but not the rare clean water and under a boil instruc- while power and water were being re- subzero temperatures that paralyzed tion, and countless others are dealing stored. the State 2 weeks ago. In other parts of with the damage caused by burst pipes. Senator CRUZ and I also wrote to the I truly appreciate the President and President urging him to grant the Gov- the country, grids may face the oppo- the First Lady coming to Houston to ernor’s request for a major disaster site problem: They are able to operate learn more about the ongoing response declaration and all types of public and during freezing temperatures but not and recovery efforts, and I thank the individual assistance for each of during a heat wave. I am trying to President for answering the request of Texas’s 254 counties. A major disaster work on a way to get funding to the Senator CRUZ, Governor Abbott, and declaration opens up even more Fed- States to help build grid resiliency in a myself to order a national disaster dec- eral resources to help communities and way that makes sense for each of those laration. individuals recover in the aftermath of specific needs. During times of crisis, Texans are al- an emergency like this. It can include Our Nation has had issues with fund- ways eager to lend a hand to their everything from housing assistance for ing grid resiliency and modernization neighbors, and the last couple of weeks folks who are unable to stay in their efforts, and this is a good opportunity have proved to be no exception. I am home due to water leakage and burst to make an investment in that infra- always encouraged by those heart- pipes to unemployment assistance to structure. My hope is that this will be warming stories of folks helping others crisis counseling. a big bipartisan effort, including fellow in ways big and small: welcoming peo- So far, President Biden has approved Members of the Texas delegation and ple into their homes, checking on their the major disaster declaration for 126 colleagues on both sides of the aisle elderly neighbors, delivering hot meals counties, and I know State and local here in the Senate. We need to do ev- to those in need, and much more. leaders are working with the adminis- erything we can as Americans and Sen- So I am glad the President and First tration to seek approval for the re- ators to strengthen and modernize our Lady were able to see the incredible maining counties. grid before it is tested again. Team work also of one of the Houston area’s Insurance industry leaders believe Texas will do everything we can to get most reliable friends, and that is the this could be the costliest weather our neighbors on the road to recovery Houston Food Bank. For more than 40 event in our State’s history, and we and prevent us from experiencing wide- years, the Houston Food Bank has have to do everything we can to lessen spread outages in the future. fought hunger in the Houston region the burden on Texas families. In conclusion, I want to thank every- through a variety of programs serving Of course, my staff and I are in close one who has supported our State in Texans of all ages. When COVID–19 hit contact with State and local leaders ways big and small over the last couple last year, the need for that assistance who are managing and executing the of weeks and who will no doubt work skyrocketed, as you might imagine. response, and we are constantly look- with us in our efforts to come back I was able to visit the food bank last ing for ways to assist and move the re- stronger in the days that lie ahead. summer to learn more about how they covery along. I yield the floor.

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.024 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S918 CONGRESSIONAL RECORD — SENATE March 1, 2021 I suggest the absence of a quorum. mail issues. Since last April, I have Marcy Leib Rolmann wrote me and The PRESIDING OFFICER. The heard from nearly 5,000 Delawareans— said: Our ‘‘mail here in Sussex County clerk will call the roll. folks asking for robust funding for the as everywhere is horrible, despite our The senior assistant legislative clerk Postal Service, wanting stronger vote- great letter carriers.’’ proceeded to call the roll. by-mail initiatives, and hundreds and Geiana Hollis of Wilmington wrote to Mr. COONS. Madam President, I ask hundreds of them reporting delays in me last month because of her passport unanimous consent that the order for the mail. sitting idle at a Philadelphia distribu- the quorum call be rescinded. I want to take a few minutes, if I tion center for 10 days. She was set to The PRESIDING OFFICER. Without might, and just go through some of travel abroad and had to delay her trip. objection, it is so ordered. these concerns I have heard, which, I Bill Powers, former county council- U.S. POSTAL SERVICE have also heard from colleagues, are man I know well from New Castle Mr. COONS. Madam President, it has being replicated across our Nation. County, a member of the Farm Bureau, long been said that ‘‘neither snow nor Gloria Lester, down in Lewes, in Sus- is a longtime turkey grower who now rain nor heat nor gloom of night stays’’ sex County, said that mail that pre- provides fresh eggs for local farmers our U.S. postal ‘‘couriers from the viously took just 3 to 4 days is now markets. Bill has experienced signifi- swift completion of their appointed taking her 4 to 6 weeks. Her bills are cant losses with turkey and chick de- rounds.’’ These words, in fact, are chis- due before she even gets the state- liveries and called my office with con- eled in granite above the entrance to ments. And her husband’s VA medica- cerns. the post office on 8th Avenue in New tion took a month to arrive from the And I want, before I close, to men- York City—one of the grandest post of- date they mailed it. tion one last story, from Trebs Thomp- fices in our Nation. It is the adopted Jim Nichols of Milford wrote con- son, of Newark, an egg farmer with creed of the faithful and hard-working cerned about the delay in getting his Whimsical Farms. Trebs wrote: letter carriers and frontline workforce newspapers, his magazines, and his Largely our postal system has been a of our Postal Service. other periodicals. jewel. It handles a large volume of mail As I have said before, I have no beef And Jim is not alone. I have heard cheaply, with a high degree of speed and ac- with the men and women of our Postal from local and regional newspapers curacy. Many of us depend on it for govern- ment paperwork, medications, orders, pay- Service, but I have real and deep con- that rely on the Postal Service to de- liver out-of-State and out-of-area sub- ments, and for farmers like me, seeds [and] cerns about how the Postal Service is scribers. day-old chicks. being run under the current Post- We have a beach area with a lot of The Post Office has been shipping day-old master General. chicks to farms like mine for over 100 years. homeowners who live here in our Na- President Biden doesn’t get to choose Today, all 20 baby hens arrived cold and life- tion’s Capital or elsewhere throughout a new Postmaster General just because less. I cried [as I opened the box]. The [post- the region. And Chris Raush, who is he is the new President. In fact, the al] supervisor cried. The gentleman who nor- with the Cape Gazette, which gets current officeholder, Louis DeJoy, was mally delivers my mail apologized profusely, mailed to folks all over our region, told but [it is] not his fault. chosen by the Board under the previous me some of their out-of-State sub- Whatever one feels about mail-in ballots or administration. scribers don’t receive the paper for a politics, I am asking you to put this aside Weeks ago, I joined with many col- month, and then, when they do, they and do what you can to restore the Postal leagues and with Chairman PETERS of Service. get a big bundle of old papers. And now the Homeland Security and Govern- with papers not showing up weeks at a Trebs Thompson is right. No farmer mental Affairs Committee, which is re- time, they have had to tell subscribers should ever have to open a box of dead sponsible for the Postal Service, to this is just out of their control and chicks. No constituent should have to send a letter to Postmaster General offer refunds. hand deliver a letter to their Senator. DeJoy to restore on-time delivery and Megan Stibbe, of the Delmarva Our veterans shouldn’t be going with- stop the harmful systemwide changes Farmer, another local paper, said that out lifesaving medication. that have caused unacceptable mail she has ‘‘been having a lot of trouble Postmaster DeJoy appeared before delays. with Delaware deliveries. The postal Members of the House last week and Sadly, that is not the first time I system,’’ as she said in writing to me, apologized for the slow mail delivery have had to reach out, with Senators in ‘‘is very screwed up right now. Del- and said he has a forthcoming plan, this body, to the Postmaster General. marva Farmers have not received their which I am concerned includes further In fact, on five separate occasions, we newspapers at all in January.’’ cuts to delivery service. have written the Postmaster General, I have received dozens and dozens So let me summarize. My under- between August and February, last more emails, texts, letters, and phone standing is that DeJoy’s plans for the year to this year. We have demanded messages from frustrated constituents. future of the Postal Service include transparency. We have insisted on the Dianne Boyle, of Magnolia, DE, felt higher prices and slower delivery. Dela- restoration of mail sorting machines. so strongly about this ongoing debacle wareans are tired, and our Postal Serv- We have asked for assistance with of delayed delivery in the Postal Serv- ice workers are tired, too, of the con- vote-by-mail deliveries and wrote for ice that she hand delivered her own let- straints placed on them. How will we just simple answers to pending con- ter of concern to my Dover office. solve this problem? In my view, we stituent inquiries. Richard Bilkski of Selbyville, a gen- need to confirm as quickly as possible In my hometown of Wilmington, DE, tleman with real and significant heart President Biden’s nominees to the last August, I joined our attorney gen- issues that require him to be on medi- Postal Board of Governors: Ron eral, Kathy Jennings, my senior Sen- cation, was down to his very last pill Stroman, Amber McReynolds, and ator, TOM CARPER, Congresswoman on January 25. After calling and calling Anton Hajjar—all folks who have deep LISA BLUNT ROCHESTER, and a series of and calling, it turned out that his experience in the postal system. They union leaders for a day of action to medication had been sitting in the Wil- could get us back on track. save the Postal Service. mington post office for 3 weeks. We also have to prioritize invest- A few days later, I drove myself to Toby Rubenstein, from Hockessin, ments in the Postal Service. Congress our mail distribution center in New wrote me and said: secured $10 billion for the Postal Serv- Castle after leadership of the Postal I have paid my bills by check all my life. ice in the unanimously passed CARES Service denied my request to visit. [And now] the Postal Service is so unreli- Act to provide the resources to main- Thanks to having been alerted by some able, that I now have monthly problems pay- tain operation at a time when families frontline employees, I drove around ing [my] bills on time. [And] I’m not alone in are relying on mail service more than back and was able to see a dismantled this. ever during this pandemic. massive piece of mail handling equip- Claudette Richardson of Newark, DE, I will continue to support the Postal ment left outside in the rain. wrote me a note saying that she had Service. I will continue to petition the In January and February alone, my mailed her sister a Christmas card on Postmaster General, and I won’t stop office received hundreds of messages December 14, and it arrived February until there is a solution to this critical from constituents complaining about 12. and pressing issue. Our letter carriers

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.026 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S919 and our customers shouldn’t suffer be- Econoline van. He has also had to pur- I am proud to support Dr. Cardona’s cause of toxic leadership at the highest chase several adaptive vehicles since nomination, and I look forward to levels of our Postal Service. 1999, with each one lasting over 250,000 working together to at last make good I yield the floor to my colleague from miles until they simply were no longer on our promises to fully fund title I the State of Maine. roadworthy. His current vehicle now and IDEA, to expand access to quality The PRESIDING OFFICER. The Sen- has over 100,000 miles, and soon he will early childhood education and commu- ator from Maine. need a new one. He told me that pur- nity schools, and to ensure higher edu- AUTO FOR VETERANS ACT chasing a new van will cost him well cation is accessible for everyone. Ms. COLLINS. Madam President, last over $50,000, which is more than he paid The PRESIDING OFFICER. The Sen- week, I was pleased to join my col- for his home in rural Maine. This is an ator from Washington. league from West Virginia, Senator enormous burden on our disabled vet- Mrs. MURRAY. Madam President, I JOE MANCHIN, in introducing the Ad- erans who need to purchase expensive rise today to voice my strong support vancing Uniform Transportation Op- adaptive vehicles in order to drive safe- for Dr. Cardona’s nomination to serve portunities for Veterans Act, better ly or to drive at all. as Secretary of Education. known as the AUTO for Veterans Act. Madam President, I feel like I am Across the country, students, par- I am pleased that Senators BOOZMAN, preaching to the choir here. Our Nation ents, and educators are in crisis. Every HASSAN, and BLUNT have joined as owes our veterans such an enormous day without an experienced leader at original cosponsors. debt. It is a debt that truly can never the Department of Education is a day Our bill would lessen the financial be fully repaid. Let’s honor our com- that we are losing precious ground. burden on severely disabled veterans mitment to our veterans by continuing Back in my home State of Washington, who require special adaptive equip- to support their needs, including the I heard from a mother in Yakima ment to drive a motor vehicle. It would needs of veterans who are disabled and whose children shared one iPhone to do so by increasing access to the De- need this adaptive technology for their learn. I heard from a father of a high partment of Veterans Affairs auto- vehicles long after they have been dis- school freshman in Spokane, worried mobile grant program. charged or retire from Active Duty. about the social and psychological toll This is a simple bill, but it is a bill The VA currently provides eligible the pandemic is taking on his son. I that would make such a difference for veterans with a one-time grant of ap- heard from students at the Lummi Na- so many of our disabled veterans who proximately $21,400 to be used to pur- need vehicles with adaptive equipment tion, trying to focus on remote classes chase a new or used automobile and so that they can drive themselves and while in multigenerational households necessary adaptive equipment, such as drive safely. The AUTO for Veterans on a shared, spotty broadband. specialized pedals and switches. This I know there are so many similar sto- Act is an important step that we can grant is often used in conjunction with ries from people in my State and across take to meet this need and help those the VA’s special adaptive equipment who have made so many sacrifices to the country about how this pandemic grants, which help our veterans pur- serve our Nation. is making life harder, the ways it has chase additional adaptive equipment, I urge all of my colleagues to join us set back students from where they such as powered lifts, for example, for in helping our Nation’s veterans by would be in a typical year, denied them an existing automobile to make it safe supporting this bill. access to critical school resources, and feasible for a veteran with disabil- Thank you. deepened longstanding inequities, and ities. NOMINATION OF MIGUEL A. CARDONA so much more. Although veterans can receive mul- Mr. VAN HOLLEN. Mr. President, From early education to higher edu- tiple special adaptive equipment grants after 4 years of Secretary DeVos’ ef- cation, we need to make sure students over the course of their lives, for some forts to promote greater privatization and their families have the support reason they are limited to just a single of our education system and dismantle they need to not only get a high-qual- automobile grant. The current limita- the civil rights of students, Miguel ity education but to make sure every tion fails to take into account that a Cardona is the person we need to re- student can try. veteran is likely to need more than one store the promise of America’s schools. Democrats want to get students safe- vehicle in his or her lifetime. In fact, A former public school teacher who ly back in the classrooms for in-person the Department of Transportation re- went on to be a leader in the same dis- learning as soon as possible. So I am ports that, in 2019, the average age of a trict where he was once an English glad the Biden administration put for- household vehicle was 11.8 years, and a learner, Dr. Cardona has demonstrated ward clear, science-based, public health vehicle that has been modified struc- a lifelong commitment to our public guidance schools have long needed. turally tends to have a shorter useful schools and the belief that all children There is no one solution that will en- life. are entitled to a quality education in a sure safety on its own as our country According to the VA independent safe and nurturing learning environ- ramps up vaccine distribution. budget prepared by Disabled American ment. He also has a proven track Congress has to do its part and pass Veterans, Paralyzed Veterans of Amer- record of effectively responding to the the American Rescue Plan to provide ica, and the VFW, the substantial costs pandemic, helping students overcome vital funding for schools—to secure of modified vehicles, coupled with in- the digital divide, and safely reopening adequate PPE, to reduce class sizes to flation, present a financial hardship for schools as the Connecticut Education increase social distancing, to improve many disabled veterans who need to re- Commissioner. ventilation and contract tracing, and place their primary mode of transpor- The pandemic has upended our edu- to take all the steps they need to do so tation once their car or van or truck cation system, disrupting learning and that they can safely reopen for in-per- reaches its lifespan. The National exacerbating inequities. From day one son learning or provide high-quality Highway Traffic Safety Administration as Secretary of the Department of Edu- distance learning if it is not safe in estimates that a new vehicle modified cation, Dr. Cardona will need to be pre- their community to return to the with adaptive equipment will cost any- pared to meet the challenges facing our classroom and so that they can assess where from $20,000 to $80,000. These are students and educators, from address- and address the damage this pandemic significant costs for a veteran with dis- ing learning loss and social, emotional, has done, especially the way it has abilities to incur to replace his or her and mental health to reversing declin- deepened inequities that have hurt stu- primary mode of transportation. That ing higher education enrollment rates dents of color, students of families is why veterans should be eligible to and a sky-rocketing affordability cri- with low incomes, students with dis- receive a vehicle grant every 10 years sis. Additionally, as deep disparities abilities, LGBTQ students, women, and our legislation, the Collins- continue to shortchange low-income English learners, students experiencing Manchin bill, would do just that. students, students of color, and stu- homelessness, and so much more. A Maine veteran whom I know well, dents with disabilities, Dr. Cardona At this moment of crisis, Dr. Cardona Neal Williams of Shirley, ME, used a will be a key partner in working to- is exactly the leader we need at the De- VA automobile grant in 1999 to pur- ward closing these funding and edu- partment of Education to tackle these chase an adaptive vehicle, a Ford cational opportunity gaps. challenges. During his confirmation

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.028 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S920 CONGRESSIONAL RECORD — SENATE March 1, 2021 hearing in the Health, Education, cited on behalf of my constituents, on unions to come up with a plan to safely Labor, and Pensions Committee, he behalf of the people of Meriden, CT, to reopen our schools. Connecticut re- demonstrated beyond a doubt that he be here on the floor to tell you just a opened our schools faster than many has experience, principles, and the per- little bit about why Miguel Cardona people thought we could, ahead of the spective that we need in this critical makes so much sense for this moment. curve nationally. He was able to do role. That is why Dr. Cardona was As Senator MURRAY laid it out for us, that because consensus building is a voted out of our committee by an over- this is obviously a moment of crisis in skill that Miguel Cardona has been whelming 17-to-5 margin with broad bi- American education. Kids have been working on for a very long time. partisan support. distance learning or in and out of class- In 2013, one of his jobs, while he was Dr. Cardona will come to the Depart- room settings for the last year. We helping to lead the Meriden school sys- ment as a proven leader who will work have had so many children fall behind, tem, was to implement a new teacher with students, parents, caregivers, edu- especially those with learning needs. evaluation system. You know this can cators, school administrators, and We have a lot of kids in crisis. For a lot always be very, very controversial, a State, local, and Tribal officials. Just of kids, home is not a safe place. There new system evaluating teachers’ per- as importantly, he will come to the De- is trauma today amongst America’s formances, but he brought everybody partment as a former elementary children, and our education system is to the table and developed a model that school teacher, an adjunct professor, a going to have to bear a lot of the brunt became used statewide. His model and principal, assistant superintendent, of making sure that these kids are his consensus approach became the and former English learner himself who taken care of. standard in our State. He is the Sec- knows we have a responsibility to We have a crisis in higher education retary of Education we need right make sure every single student has ac- without students in the classroom, now—somebody who has experience in cess to high-quality public education. without sources of revenue flowing into our classrooms, somebody who knows At our hearing, he made clear he will institutions of higher learning. We the value of college, especially to first- fight against longstanding inequities need to make sure that we don’t lose generation college families, and some- and for every student, including those classroom slots in colleges and univer- body who knows how to bring people who have not had a champion at the sities, which, of course, is the only together. Department for the last 4 years. He thing that allows us to be able to see a This is an incredibly important mo- spoke about his commitment to accom- bright economic future for our coun- ment for America’s educational sys- plishing President Biden’s goal of safe- try—expanding access to higher edu- tem. We need to maintain and expand ly reopening the majority of our K–8 cation. our commitment to equity in our K–12 schools for in-person learning within Miguel is made for this moment be- system to make sure that every single his first 100 days in office. cause he knows how important college kid—no matter the level of income, no He showed he understands the chal- is. He was the first member of his fam- matter the ethnic background, no mat- lenge the Department is facing is larg- ily to complete college. He knows how ter the race, no matter if one is dis- er than just seeing schools and stu- important community is. He came abled or not—gets a quality education. dents and parents and educators safely right back to his community of Meri- This is a moment to invest in ac- through this pandemic. It is making den after completing college and went countability in higher education and sure we come back stronger and fairer. to work serving his community by tak- make sure that we are not wasting tax- Accomplishing that means ensuring ing a job teaching fourth grade in Meri- payer dollars funding programs and de- childcare and early education is avail- den. grees that don’t work, that may make able and affordable for every family; He proved early on that he would go money for for-profit investors but that ensuring every student can get a high- above and beyond the call when it don’t end up in skill sets that are going quality public education no matter came to the needs of his students. He to power our economy. Miguel Cardona where they live or how much money was a teacher at Israel Putnam Ele- is the right person to meet this mo- they or their families have; rooting out mentary School, room 160. If his kids ment. He is whip-smart. He is a con- longstanding inequities from our edu- didn’t have what they needed, Miguel sensus builder. He is a passionate advo- cation system by tackling racism, would reach into his pockets to make cate for kids and for teachers and for sexism, ableism, and bigotry head-on; sure they had it. One year, he spent parents. He is the perfect person for and ensuring that higher education is $450 of his own money—money that he this job and for this moment. accessible, affordable, accountable, and probably didn’t have as a first- or sec- Lastly, let me just share with you safe for every single student. ond-year teacher—to make sure every how I got to know Miguel Cardona, We have a lot of work to do for our kid in his classroom had a notebook, a which, maybe, will serve as a final ad- schools and students. We have an excel- writer’s handbook, and a box of cray- vertisement for his unique qualifica- lent candidate to get it done, and we ons. One student told the story of a tions. This was my old congressional have no time to waste. I urge all of our classmate who moved back to Puerto district, and Meriden was part and is colleagues who have heard from a par- Rico and of Miguel’s organizing a pack- still part of the Fifth Congressional ent who wants to get their child back et of letters from all of his classmates District. One of the biggest weekends in the classroom safely—I am sure ev- to be sent to him so that he could still in Meriden has become the Puerto eryone has—to join us and vote to con- have a connection back to Meriden. Rican Heritage Festival, but that fes- firm Dr. Cardona as Secretary of Edu- He was such an amazing teacher that tival had sort of hit hard times. It was cation. he was promoted just after a few years a decade ago when, maybe, only a cou- I yield the floor. in the classroom. He was actually Con- ple hundred people came to it until the The PRESIDING OFFICER. The Sen- necticut’s youngest principal when, at Cardona family took it over. Miguel ator from Connecticut. age 28, he took over Hanover. Soon Cardona and his family took over the Mr. MURPHY. I ask unanimous con- thereafter, he was promoted to help Puerto Rican Heritage Festival in sent to complete my remarks before run the city’s school district, and he Meriden, CT. Today, 6,000 or 7,000 peo- the vote. was promoted again to be the commis- ple come to this festival. You can find The PRESIDING OFFICER. Without sioner of education in Connecticut. Miguel Cardona, on that weekend, objection, it is so ordered. It has been his work over the last every hour of each day of the festival, Mr. MURPHY. Madam President, I year that, I think, caught the atten- driving around on his golf cart, orga- come to the floor to echo Chairwoman tion of educational policy leaders and nizing bus transportation, working on MURRAY’s comments, to suggest and advocates all across the country be- the entertainment acts, and making commend to my colleagues the nomi- cause Connecticut was one of the first sure that Meriden is able, on that nation of Miguel Cardona to be the States to reopen its schools. We did it weekend, to be able to celebrate its next Secretary of Education. through a consensus-building exercise Puerto Rican heritage but then to offer There is no one better suited for this that Commissioner Cardona led. He something really constructive, really job in this moment than Miguel brought together students and parents, fun, and really empowering for the Cardona, and I couldn’t be more ex- administrators, teachers, and teachers community.

VerDate Sep 11 2014 05:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.029 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S921 Even as commissioner of education, The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- it wasn’t beyond him or above him to CLOTURE MOTION ator from Georgia. invest in his community in that way. We, the undersigned Senators, in accord- f It is, I hope, an indication of who he is ance with the provisions of rule XXII of the and whom he will remain if the Senate Standing Rules of the Senate, do hereby HONORING THE LIFE AND LEGACY chooses to confirm him into this role, move to bring to a close debate on Executive OF JOHN ROBERT LEWIS AND Calendar No. 8, Gina Marie Raimondo, of COMMENDING JOHN ROBERT as I hope we will do with a big bipar- Rhode Island, to be Secretary of Commerce. tisan vote today. Charles E. Schumer, Sherrod Brown, LEWIS FOR HIS TOWERING I yield the floor. Sheldon Whitehouse, Benjamin L. ACHIEVEMENTS IN THE NON- VOTE ON CARDONA NOMINATION Cardin, Robert Menendez, Patrick J. VIOLENT STRUGGLE FOR CIVIL The PRESIDING OFFICER. Under Leahy, Alex Padilla, Jacky Rosen, RIGHTS the previous order, all postcloture time Richard J. Durbin, Tammy Baldwin, Mr. OSSOFF. Mr. President, as if in has expired. Jack Reed, Chris Van Hollen, Richard Blumenthal, Tim Kaine, Martin Hein- legislative Session, I ask unanimous The question is, Will the Senate ad- consent that the Senate proceed to the vise and consent to the Cardona nomi- rich, Christopher Murphy, Maria Cant- well. consideration of S. Res. 82, submitted nation? earlier today. Mr. MURPHY. Madam President, I The PRESIDING OFFICER. By unan- imous consent, the mandatory quorum The PRESIDING OFFICER. The ask for the yeas and nays. clerk will report the resolution by The PRESIDING OFFICER. Is there a call has been waived. The question is, Is it the sense of the title. sufficient second? The bill clerk read as follows: There appears to be a sufficient sec- Senate that debate on the nomination ond. of Gina Marie Raimondo, of Rhode Is- A resolution (S. Res. 82) honoring the life The clerk will call the roll. land, to be Secretary of Commerce, and legacy of John Robert Lewis and com- mending John Robert Lewis for his towering The legislative clerk called the roll. shall be brought to a close? The yeas and nays are mandatory achievements in the nonviolent struggle for Mr. THUNE. The following Senators civil rights. are necessarily absent: the Senator under the rule. The PRESIDING OFFICER. Is there from Tennessee (Mrs. BLACKBURN), the The clerk will call the roll. The legislative clerk called the roll. objection to proceeding to the meas- Senator from Missouri (Mr. BLUNT), Mr. THUNE. The following Senator is and the Senator from Kansas (Mr. ure? necessarily absent: the Senator from There being no objection, the Senate MORAN). Tennessee (Mrs. BLACKBURN). proceeded to consider the resolution. The result was announced—yeas 64, The PRESIDING OFFICER. Are there nays 33, as follows: Mr. OSSOFF. Mr. President, I ask any Senators in the Chamber wishing unanimous consent that the resolution [Rollcall Vote No. 68 Ex.] to vote or change their vote? be agreed to, that the preamble be YEAS—64 The yeas and nays resulted—yeas 84, agreed to, and that the motions to re- Baldwin Hassan Portman nays 15, as follows: consider be considered made and laid Bennet Heinrich Reed [Rollcall Vote No. 69 Ex.] Blumenthal Hickenlooper Romney upon the table with no intervening ac- Booker Hirono Rosen YEAS—84 tion or debate. Brown Johnson Rubio Baldwin Grassley Paul The PRESIDING OFFICER. Is there Burr Kaine Sanders Bennet Hassan Peters objection? Cantwell Kelly Schatz Blumenthal Heinrich Portman Capito King Schumer Blunt Hickenlooper Reed Without objection, it is so ordered. Cardin Klobuchar Shaheen Booker Hirono Risch The resolution (S. Res. 82) was agreed Carper Leahy Sinema Boozman Hyde-Smith Romney Casey Luja´ n to. Smith Braun Inhofe Rosen Cassidy Manchin Brown Johnson Rounds The preamble was agreed to. Stabenow Collins Markey Burr Kaine Sanders (The resolution, with its preamble, is Tester Coons McConnell Cantwell Kelly Schatz printed in today’s RECORD under ‘‘Sub- Cornyn Menendez Tillis Capito King Schumer mitted Resolutions.’’) Cortez Masto Merkley Van Hollen Cardin Klobuchar Shaheen Duckworth Murkowski Warner Carper Lankford Sinema Mr. OSSOFF. I yield. Durbin Murphy Warnock Casey Leahy Smith f Feinstein Murray Warren Cassidy Lee Stabenow Fischer Ossoff Whitehouse Collins Luja´ n Sullivan EXECUTIVE CALENDAR—Continued Gillibrand Padilla Wyden Coons Manchin Tester Grassley Peters Cornyn Markey Thune The PRESIDING OFFICER. The Sen- NAYS—33 Cortez Masto Marshall Tillis ator from Iowa. Crapo McConnell Toomey Barrasso Hawley Rounds Daines Menendez Van Hollen FEDERAL FUNDING Boozman Hoeven Sasse Duckworth Merkley Warner Ms. ERNST. Mr. President, from the Braun Hyde-Smith Scott (FL) Durbin Moran Warnock Cotton Inhofe Scott (SC) Ernst Murkowski Warren streets of Portland and Seattle to right Cramer Kennedy Shelby Feinstein Murphy Whitehouse here in our Nation’s Capital, lawless- Crapo Lankford Sullivan Fischer Murray Wicker ness has ensued all too often across our Cruz Lee Thune Gillibrand Ossoff Wyden Nation over the past year. I have con- Daines Lummis Toomey Graham Padilla Young Ernst Marshall Tuberville sistently called it what it is—anarchy. Graham Paul Wicker NAYS—15 And, folks, we need to be absolutely Hagerty Risch Young Barrasso Hawley Sasse clear on this: Anarchy cannot be toler- NOT VOTING—3 Cotton Hoeven Scott (FL) Cramer Kennedy Scott (SC) ated in our Nation. Blackburn Blunt Moran Cruz Lummis Shelby The mayhem that we have seen over The nomination was confirmed. Hagerty Rubio Tuberville the last year has put our families, our The PRESIDING OFFICER (Mr. NOT VOTING—1 communities, and our law enforcement HEINRICH). Under the previous order, Blackburn in danger, and tragically it has led to the motion to reconsider is considered The PRESIDING OFFICER. The yeas death and destruction. made and laid upon the table, and the are 84, the nays are 15. In what will probably come as no President will be immediately notified The motion is agreed to. shock to the American people, a non- partisan watchdog organization found of the Senate’s action. f f that the Federal Government has spent EXECUTIVE CALENDAR more than $14 billion of our taxpayer CLOTURE MOTION The PRESIDING OFFICER. The money, our hard-earned dollars, on The PRESIDING OFFICER. Pursuant clerk will report the nomination. Federal contracts and grants in five to rule XXII, the Chair lays before the The bill clerk read the nomination of major cities where civil unrest, also Senate the pending cloture motion, Gina Marie Raimondo, of Rhode Island, known as anarchy, goes unchecked and which the clerk will state. to be Secretary of Commerce. police are unable to do their jobs—14

VerDate Sep 11 2014 05:58 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.030 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S922 CONGRESSIONAL RECORD — SENATE March 1, 2021 billion with a ‘‘b’’ dollars paid to local ate proceed to the consideration of S. subject matter of any hearing to be con- leaders and city officials who are fail- Res. 83, submitted earlier today. ducted by the Committee or any Sub- ing to do their jobs. The PRESIDING OFFICER. The committee at least seven calendar days prior Let’s keep talking about these dollar to the commencement of that hearing, un- clerk will report the resolution by less the Chair with the consent of the Rank- figures, folks. According to recent re- title. ing Minority Member determines that good ports by local media in Oregon, left- The senior assistant legislative clerk cause exists to begin such hearing at an ear- wing protests in Portland have caused read as follows: lier date. Witnesses shall provide a written roughly $2.3 million in damage to Fed- A resolution (S. Res. 83) expressing support statement of their testimony and curriculum eral buildings since they broke out last for the designation of February 20 through vitae to the Committee at least 24 hours pre- summer. The near-nightly standoffs February 27, 2021, as ‘‘National FFA Week’’, ceding the hearings in as many copies as the with police involved graffiti, broken recognizing the important role of the Na- Chair of the Committee or Subcommittee tional FFA Organization in developing the prescribes. windows, firecrackers, as well as Molo- 2. In the event 14 calendar days’ notice of tov cocktails. According to one U.S. at- next generation of leaders who will change the world, and celebrating 50 years of Na- a hearing has been made, witnesses appear- torney in Oregon, cleanup at the court- tional FFA Organization Alumni and Sup- ing before the Committee, including any wit- house and four other government build- porters. ness representing a Government agency, ings has cost more than $2 million, and must file with the Committee at least 48 The PRESIDING OFFICER. Is there that number could keep going up be- hours preceding appearance written state- objection to proceeding to the meas- cause the repairs are ongoing. ments of their testimony and curriculum ure? vitae in as many copies as the Chair of the Last year, I pushed for a review of There being no objection, the Senate Committee or Subcommittee prescribes. any Federal funding that was going to proceeded to consider the resolution. 3. In the event a witness fails timely to file the cities and States that were allow- the written statement in accordance with Ms. SMITH. Mr. President, I ask ing anarchy to run rampant. It was a this rule, the Chair may permit the witness unanimous consent that the resolution simple ask: Scrutinize any future Fed- to testify, or deny the witness the privilege be agreed to, the preamble be agreed eral funding that might flow into these of testifying before the Committee, or per- to, and the motions to reconsider be mit the witness to testify in response to lawless jurisdictions. considered made and laid upon the questions from Senators without the benefit Specifically, I asked the Office of table with no intervening action or de- of giving an opening statement. Management and Budget to look into bate. III. QUORUMS and report to the American people the The PRESIDING OFFICER. Is there 1. Seven Members of the Committee, actu- amount of taxpayer dollars local offi- objection? ally present, shall constitute a quorum for cials used to either sustain these au- Without objection, it is so ordered. the purpose of discussing business. Nine tonomous zones or the amount needed Members of the Committee, including at The resolution (S. Res. 83) was agreed to repair the damage done during the least two Members of the minority, shall to. chaos. Thankfully, last year, the Fed- constitute a quorum for the purpose of The preamble was agreed to. eral Government began to do just that, transacting business. No bill, matter, or (The resolution, with its preamble, is nomination shall be ordered reported from but, folks, just last week, President printed in today’s RECORD under ‘‘Sub- the Committee, however, unless a majority Biden reversed this effort, and I would mitted Resolutions.’’) of the Committee is actually present at the like to know why. time such action is taken and a majority of I agree with our new President that f those present support the action taken. peaceful protests are a cornerstone of MORNING BUSINESS 2. For the purpose of taking down sworn our democracy, but smashing windows testimony, a quorum of the Committee and is not protesting and neither is looting. each Subcommittee thereof, now or here- after appointed, shall consist of one Senator. Burning small businesses that are the SENATE COMMITTEE ON THE IV. BRINGING A MATTER TO A VOTE modest nest eggs of hard-working JUDICIARY RULES OF PROCEDURE Americans and actions like those are The Chair shall entertain a non-debatable Mr. DURBIN. Mr. President, the totally unacceptable. I don’t think motion to bring a matter before the Com- Committee on the Judiciary has adopt- mittee to a vote. If there is objection to there is anyone in the Senate who ed rules governing its procedures for bring the matter to a vote without further would disagree. So why, then, is Presi- the 117th Congress. Pursuant to rules debate, a roll call vote of the Committee dent Biden reversing course and pre- XXVI, paragraph 2, of the Standing shall be taken, and debate shall be termi- venting this review from going forward nated if the motion to bring the matter to a Rules of the Senate, on behalf of my- to simply examine the funds that are vote without further debate passes with self and Ranking Member GRASSLEY, I going to the very places where lawless- twelve votes in the affirmative, one of which ask unanimous consent that a copy of ness continues to be unanswered? must be cast by the minority. the committee rules be printed in the Too often over the last year, local V. AMENDMENTS RECORD. leaders have prevented law enforce- 1. Provided at least seven calendars days’ ment and emergency responders from RULES OF PROCEDURE UNITED STATES SENATE notice of the agenda is given, and the text of COMMITTEE ON THE JUDICIARY the proposed bill or resolution has been made being allowed to carry out their jobs I. MEETINGS OF THE COMMITTEE available at least seven calendar days in ad- and protect the public. Yet millions of vance, it shall not be in order for the Com- 1. Meetings of the Committee may be our taxpayer dollars have still been mittee to consider any amendment in the called by the Chair as he or she may deem doled out to these cities. first degree proposed to any measure under necessary on at least three calendar days’ I will continue to stand strong and be consideration by the Committee unless such notice of the date, time, place and subject amendment has been delivered to the office a voice for the hard-working taxpayers matter of the meeting, or in the alternative of the Committee and circulated via e-mail of this country. If city and State lead- with the consent of the Ranking Minority to each of the offices by at least 5:00 p.m. the ers abdicate their job to protect citi- Member, or pursuant to the provision of the day prior to the scheduled start of the meet- zens and allow anarchist jurisdictions Standing Rules of the Senate, as amended. ing. to prevail, the Federal Government and 2. Unless a different date and time are set 2. It shall be in order, without prior notice, Iowa taxpayers should absolutely not by the Chair pursuant to (1) of this section, for a Member to offer a motion to strike a foot the bill. Anarchy is never OK— Committee meetings shall be held beginning single section of any bill, resolution, or never OK—and taxpayers should never at 10:00 a.m. on Thursdays the Senate is in amendment under consideration. session, which shall be the regular meeting subsidize it. 3. The time limit imposed on the filing of day for the transaction of business. amendments shall apply to no more than Thank you. 3. At the request of any member, or by ac- I yield the floor. three bills identified by the Chair and in- tion of the Chair, a bill, matter, or nomina- cluded on the Committee’s legislative agen- The PRESIDING OFFICER. The Sen- tion on the agenda of the Committee may be da. ator from Minnesota. held over until the next meeting of the Com- 4. This section of the rule may be waived f mittee or for one week, whichever occurs by agreement of the Chair and the Ranking later. Minority Member. NATIONAL FFA WEEK II. HEARINGS OF THE COMMITTEE VI. PROXY VOTING Ms. SMITH. As if in legislative ses- 1. The Committee shall provide a public When a recorded vote is taken in the Com- sion, I ask unanimous consent the Sen- announcement of the date, time, place and mittee on any bill, resolution, amendment,

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or any other question, a quorum being COMMITTEE ON THE JUDICIARY SUBCOMMITTEE policy; (11) Oversight of Department of present, Members who are unable to attend JURISDICTIONS WITH MEMBERSHIP—117TH Homeland Security functions as they relate the meeting may submit votes by proxy, in CONGRESS to anti-terrorism enforcement and policy; writing or by telephone, or through personal SUBCOMMITTEE ON COMPETITION POLICY, (12) Oversight of State Department consular instructions. A proxy must be specific with ANTITRUST, AND CONSUMER RIGHTS operations as they relate to antiterrorism respect to the matters it addresses. Jurisdiction: Oversight of antitrust law enforcement and policy; (13) Oversight of VII. SUBCOMMITTEES and competition policy and antitrust law, in- encryption policies and export licensing; and (14) Oversight of espionage laws and their en- 1. Any Member of the Committee may sit cluding the Sherman, Clayton, and Federal Trade Commission Acts; (2) oversight of forcement. with any Subcommittee during its hearings Senator Booker, Chair, Senator Leahy, antitrust enforcement and competition pol- or any other meeting, but shall not have the Senator Feinstein, Senator Whitehouse, Sen- icy at the Justice Department; (3) oversight authority to vote on any matter before the ator Klobuchar, Senator Padilla, Senator of antitrust enforcement and competition Subcommittee unless a Member of such Sub- Ossoff, Senator Cotton, Ranking Member, policy at the Federal Trade Commission; (4) committee. Senator Graham, Senator Cornyn, Senator 2. Subcommittees shall be considered de oversight of competition throughout the fed- Lee, Senator Cruz, Senator Hawley, Senator novo whenever there is a change in the Sub- eral government at other federal agencies. Kennedy. committee chair and seniority on the par- Senator Klobuchar, Chair, Senator Leahy, ticular Subcommittee shall not necessarily Senator Blumenthal, Senator Booker, Sen- SUBCOMMITTEE ON INTELLECTUAL PROPERTY apply. ator Ossoff, Senator Lee, Ranking Member, Jurisdiction: (1) the United States Patent 3. Except for matters retained at the full Senator Hawley, Senator Cotton, Senator and Trademark Office; (2) the United States Committee, matters shall be referred to the Tillis, Senator Blackburn. Copyright Office; (3) Oversight of the func- appropriate Subcommittee or Subcommit- SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP, tions of the federal government as they re- tees by the Chair, except as agreed by a ma- AND BORDER SAFETY late to intellectual property; (4) Patents; (5) Copyrights; (6) Trademarks; and (7) Trade jority vote of the Committee or by the agree- Jurisdiction: (1) Immigration, citizenship, Secrets. ment of the Chair and the Ranking Minority and refugee laws; (2) Oversight of the immi- Member. Senator Leahy, Chair, Senator Coons, Sen- gration functions of the Department of ator Hirono, Senator Padilla, Senator Tillis, 4. Provided all members of the Sub- Homeland Security, including U.S. Citizen- committee consent, a bill or other matter Ranking Member, Senator Cornyn, Senator ship and Immigration Services, U.S. Customs Cotton, Senator Blackburn. may be polled out of the Subcommittee. In and Border Protection, U.S. Immigration SUBCOMMITTEE ON FEDERAL COURTS, OVER- order to be polled out of a Subcommittee, a and Customs Enforcement, and Ombudsman SIGHT, AGENCY ACTION, AND FEDERAL RIGHTS majority of the members of the Sub- Citizenship and Immigration Services; (3) committee who vote must vote in favor of re- Oversight of the immigration-related func- Jurisdiction: (1) Federal court jurisdiction, porting the bill or matter to the Committee. tions of the Department of Justice, the De- administration and management; (2) Rules of VIII. ATTENDANCE RULES partment of State, the Department of Health evidence and procedure; (3) Creation of new 1. Official attendance at all Committee and Human Services Office of Refugee Reset- courts and judgeships; (4) Bankruptcy; (5) business meetings of the Committee shall be tlement, and the Department of Labor; (4) Access to civil justice, legal reform and li- kept by the Committee Clerk. Official at- Oversight of international migration, inter- ability issues; (6) Local courts in territories tendance at all Subcommittee business nally displaced persons, and refugee laws and and possessions; (7) Administrative practices meetings shall be kept by the Subcommittee policy; and (5) Private immigration relief and procedures including agency rulemaking Clerk. bills. and adjudication; (8) Judicial review of agen- 2. Official attendance at all hearings shall Senator Padilla, Chair, Senator Feinstein, cy action; (9) Third party enforcement of fed- be kept, provided that Senators are notified Senator Klobuchar, Senator Coon, Senator eral rights; (10) Oversight of the Department by the Committee Chair and Ranking Minor- Blumenthal, Senator Hirono, Senator Book- of Justice grant programs, as well as govern- ity Member, in the case of Committee hear- er, Senator Cornyn, Ranking Member, Sen- ment waste and abuse; (11) private relief bills ings, and by the Subcommittee Chair and ator Graham, Senator Cruz, Senator Cotton, other than immigration; and (12) Oversight Ranking Minority Member, in the case of Senator Kennedy, Senator Tillis, Senator of the Foreign Claims Settlement Act. Subcommittee Hearings, 48 hours in advance Blackburn. Senator Whitehouse, Chair, Senator Leahy, Senator Hirono, Senator Booker, of the hearing that attendance will be taken; SUBCOMMITTEE ON THE CONSTITUTION Senator Padilla, Senator Ossoff, Senator otherwise, no attendance will be taken. At- Jurisdiction: (1) Constitutional amend- tendance at all hearings is encouraged. Kennedy, Ranking Member, Senator Gra- ments; (2) Oversight of the Civil Rights Divi- ham, Senator Lee, Senator Cruz, Senator IX. SUBPOENAS sion of the Department of Justice; (3) En- Sasse, Senator Tillis. The Chair of the Committee, with the forcement and protection of constitutional SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW agreement of the Ranking Member or by a rights; (4) Statutory guarantees of civil Jurisdiction: (1) Human rights laws and vote of the Committee, may subpoena the at- rights and civil liberties; (5) Separation of policies; (2) Enforcement and implementa- tendance of a witness at a Committee or powers; (6) Federal-State relations; and (7) tion of human rights laws; (3) Judicial pro- Subcommittee hearing or Committee deposi- Interstate compacts. ceedings regarding human rights laws; and tion, or the production of memoranda, docu- Senator Blumenthal, Chair, Senator Fein- (4) Judicial and executive branch interpreta- ments, records, or any other materials. Any stein, Senator Whitehouse, Senator Ossoff, Senator Cruz, Ranking Member, Senator tions of human rights laws. such subpoena shall be issued upon the sig- Senator Feinstein, Chair, Senator Coons, Cornyn, Senator Lee, Senator Sasse. nature of the Chair or any other Member of Senator Blumenthal, Senator Hawley, Rank- the Committee designated by the Chair. SUBCOMMITTEE ON CRIMINAL JUSTICE AND ing Member, Senator Sasse, Senator Ken- X. DEPOSITIONS COUNTERTERRORISM nedy. 1. Any subpoena issued for a deposition Jurisdiction: (1) Oversight of the Depart- SUBCOMMITTEE ON PRIVACY, TECHNOLOGY, AND that is to be conducted by staff shall be ac- ment of Justice’s (a) Criminal Division, (b) THE LAW Drug Enforcement Administration, (c) Exec- companied by a notice of deposition identi- Jurisdiction: (1) Oversight of laws and poli- utive Office for U.S. Attorneys, (d) Office on fying the Majority staff officers designated cies governing the collection, protection, use Violence Against Women, (e) U.S. Marshals by the Chair and the Minority staff officers and dissemination of personally identifiable Service, (f) Community Oriented Policing designated by the Ranking Member to take information by the private sector and by the Services and related law enforcement grants, the deposition, and the Majority and Minor- government, including online privacy issues; (g) Bureau of Prisons, (h) Office of the Par- ity shall be afforded the opportunity to par- (2) Use of technology to protect privacy, civil don Attorney, (i) U.S. Parole Commission, (j) ticipate on equal terms. rights, and civil liberties; enhance the free Federal Bureau of Investigation, and (k) Bu- 2. Unless waived by agreement of the Chair flow of information; and encourage innova- reau of Alcohol, Tobacco, Firearms, and Ex- and Ranking Member, any deposition shall tion; and (3) Privacy and civil liberties im- plosives, as it relates to crime or drug pol- have at least one Member present for the du- plications of new or emerging technologies. ration of the deposition. All Members shall icy; (2) Oversight of the U.S. Sentencing Senator Coons, Chair, Senator Whitehouse, be notified of the date, time, and location of Commission; (3) Youth violence and directly Senator Klobuchar, Senator Hirono, Senator any deposition. related issues; (4) Federal programs under Ossoff, Senator Sasse, Ranking Member, 3. Any Member of the Committee may at- the Juvenile Justice and Delinquency Pre- Senator Graham, Senator Hawley, Senator tend and participate in the taking of any vention Act of 1974, as amended (including Kennedy, Senator Blackburn. deposition. the Runaway and Homeless Youth Act); (5) 4. A witness at a deposition shall be exam- Criminal justice and victims’ rights policy; f ined upon oath administered by an indi- (6) Oversight of the Office of National Drug SENATE COMMITTEE ON APPRO- vidual authorized by law to administer Control Policy; (7) Oversight of the U.S. Se- PRIATIONS RULES OF PROCE- oaths, or administered by any Member of the cret Service; (8) Corrections, rehabilitation, DURE Committee if one is present. reentry and other detention-related policy; 5. Unless otherwise specified, the deposi- and (9) Parole and probation policy; (10) Mr. LEAHY. Mr. President, con- tion shall be in private. Oversight of anti-terrorism enforcement and sistent with Standing Rule XXVI, I ask

VerDate Sep 11 2014 05:58 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.007 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S924 CONGRESSIONAL RECORD — SENATE March 1, 2021 unanimous consent that the rules of in the subcommittee and shall not be count- IMPEACHMENT procedure of the Committee on Appro- ed for purposes of determining a quorum. Mr. GRASSLEY. Mr. President, just priations for the 117th Congress be f barely a year ago, I was here making a printed in the RECORD. similar statement. Impeachment is one There being no objection, the mate- TRIBUTE TO CHRISTINA NOLAN of the most solemn matters to come rial was ordered to be printed in the Mr. LEAHY. Mr. President, I would before the Senate, but I worry that it’s RECORD, as follows: like to pay tribute to a great also becoming a common occurrence. SENATE COMMITTEE ON APPROPRIATIONS Before getting into the merits of this Vermonter, Christina Nolan, a most COMMITTEE RULES—117TH CONGRESS impeachment, it is important to reit- dedicated public servant who has I. MEETINGS erate that January 6 was a sad and served as U.S. attorney for the District tragic day for America. I hope we can The Committee will meet at the call of the of Vermont since November 2017. She Chairman. all agree about that. will be resigning her post at the end of What happened here at the Capitol II. QUORUMS this month, 11 years since she first 1. Reporting a bill. A majority of the mem- was completely inexcusable. It was not joined the U.S. Attorney’s Office, but a demonstration of any of our pro- bers must be present for the reporting of a her work and the strong partnerships bill. tected, inalienable rights. It was a di- 2. Other business. For the purpose of she forged will carry on for many years rect, violent attack on our seat of gov- transacting business other than reporting a to come. ernment. Those who plowed over police bill or taking testimony, one-third of the A profile of Christina recently ap- barricades, assaulted law enforcement, members of the Committee shall constitute peared in Vermont Business Magazine and desecrated our monument to rep- a quorum. under the headline ‘‘A Born Advocate resentative democracy flouted the rule 3. Taking testimony. For the purpose of for Justice.’’ And she has been just of law and disgraced our Nation. Six taking testimony, other than sworn testi- that. During her tenure, Christina mony, by the Committee or any sub- people, including two U.S. Capitol Po- committee, one member of the Committee or worked to stem the deadly surge of lice officers, now lie dead in the wake subcommittee shall constitute a quorum. heroin and fentanyl in our small State, of this assault. The perpetrators must For the purpose of taking sworn testimony and she has joined with Federal part- be brought to justice, and I am glad to by the Committee, three members shall con- ners to slow the illegal trafficking of see that many such cases are pro- stitute a quorum, and for the taking of firearms. She has also used her voice to gressing around the country. sworn testimony by any subcommittee, one shine a spotlight on domestic violence While the ultimate responsibility for member shall constitute a quorum. and human trafficking, not only pros- this attack rests upon the shoulders of III. PROXIES ecuting critical cases but also high- those who unlawfully entered the Cap- Except for the reporting of a bill, votes lighting the plight of victims who are itol, everyone involved must take re- may be cast by proxy when any member so caught in the path of such heinous sponsibility for their destructive ac- requests. crimes. Her personal approach to each tions that day, including the former IV. ATTENDANCE OF STAFF MEMBERS AT CLOSED and every case, signing off on every President. As the leader of the Nation, SESSIONS charging document in the office, as all Presidents bear some responsibility Attendance of staff members at closed ses- well as her commitment to victims and for the actions that they inspire—good sions of the Committee shall be limited to her dedication to upholding the rule of or bad. Undoubtedly, then-President those members of the Committee staff who law are evident to anyone who has wit- Trump displayed poor leadership in his have a responsibility associated with the nessed her work and her work ethic. words and actions. I do not defend matter being considered at such meeting. those actions and my vote should not This rule may be waived by unanimous con- While Vermont’s U.S. Attorney’s Of- sent. fice is among the smallest in the coun- be read as a defense of those actions. try, it is fair to say that under I am a member of a Court of Im- V. BROADCASTING AND PHOTOGRAPHING OF peachment. My job is to vote on the COMMITTEE HEARINGS Christina’s leadership, the team has punched well above their weight. In case brought by the House managers. I The Committee or any of its subcommit- took an oath to render judgment on tees may permit the photographing and one instance, her office set out to in- the Article of Impeachment sent to the broadcast of open hearings by television vestigate kickbacks and fraudulent and/or radio. However, if any member of a billing practices involving the elec- Senate by the House of Representa- subcommittee objects to the photographing tronic health records industry, unrav- tives. We are confined to considering only the Articles charged and the facts or broadcasting of an open hearing, the ques- eling a scheme that resulted in an $8 tion shall be referred to the full Committee presented. billion national settlement with for its decision. First and foremost, I don’t think this Perdue Pharma, which admitted to VI. AVAILABILITY OF SUBCOMMITTEE REPORTS impeachment is proper under the Con- needlessly and shamelessly promoting stitution. This is the first time the To the extent possible, when the bill and the prescribed use of OxyContin, a report of any subcommittee are available, Senate has tried a former President. highly addictive opioid. they shall be furnished to each member of Whether or not it can do so is a dif- the Committee thirty-six hours prior to the During her time as U.S. attorney, ficult question. The Constitution Committee’s consideration of said bill and Christina has forged strong relation- doesn’t say in black and white ‘‘Yes, report. ships with her partners in Federal, the Senate can try a former President’’ VII. AMENDMENTS AND REPORT LANGUAGE State and local law enforcement cir- or ‘‘No, it can’t.’’ In contrast, many To the extent possible, amendments and cles, many of whom have shared with State constitutions at the time of the report language intended to be proposed by me how much they appreciated her en- founding specified that their legisla- Senators at full Committee markups shall be gagement. In the courtroom, col- tures could, so it’s notable that our provided in writing to the Chairman and leagues on both sides of the bench have Federal charter did not. In order to an- Ranking Minority Member and the appro- lauded her fairness. A Federal judge, priate Subcommittee Chairman and Ranking swer this question it’s therefore nec- interviewed for the aforementioned essary to look at the text, structure, Minority Member twenty-four hours prior to magazine profile, spoke of her ‘‘quiet such markups. and history of the Constitution. That’s confidence’’ and her ‘‘natural court- VIII. POINTS OF ORDER what I have done. In the end, I do not room presence: graceful and com- think we have the ability to try a Any member of the Committee who is floor manding.’’ former President. manager of an appropriations bill is hereby I am proud to have worked with Gov. authorized to make points of order against I start always with the Constitution, any amendment offered in violation of the Phil Scott to recommend Christina which gives Congress the power of im- Senate Rules on the floor of the Senate to Nolan for the position of U.S. attorney peachment. As I mentioned, impeach- such appropriations bill. back in 2017. She has served ment was a feature in many State con- IX. EX OFFICIO MEMBERSHIP Vermonters very well during her ten- stitutions at the time, and it came The Chairman and Ranking Minority Mem- ure. Marcelle and I wish Christina and from a power enjoyed by the English ber of the full Committee are ex officio mem- her longtime partner, Jill, and their Parliament. bers of all subcommittees of which they are family our very best in future endeav- Impeachment in England was a pow- not regular members but shall have no vote ors. erful tool whereby Parliament could

VerDate Sep 11 2014 05:58 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.006 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S925 hold individuals accountable for ac- The House managers tried to prove week before the election. He, like any tions against the government without that President Trump incited an insur- politician, is entitled to seek redress in having to rely on the King to enforce rection. That is a difficult argument to the courts to resolve election disputes. it. It applied not just to sitting govern- make. There were many other Articles President Trump did just that, and ment officials but also to former gov- over which they could have impeached there’s nothing wrong with it. I sup- ernment officials and even to private President Trump, but this is what the ported the exercise of this right in the individuals. It was not simply a way to House of Representatives chose. They hopes that allowing the election chal- remove government officials but a gen- didn’t meet their burden. lenge process to play out would remove eral method of punishing the enemies Before getting to the merits of the all doubt about the outcome. The re- of Parliament, including with fines, charge, I need to point out that this ality is, he lost. He brought over 60 jail time, or even death. impeachment trial has not aligned lawsuits and lost all but 1 of them. He This is not the system established by with principles of due process of law. was not able to challenge enough votes our Constitution. Our Constitution re- Other impeachments have involved sig- to overcome President Biden’s signifi- stricts the power of impeachment in nificant fact-finding in the House, cant margins in key States. I wish it two important ways. First, it says that where proper legal formalities are fol- would have stopped there. Congress can’t just impeach anyone: lowed, witnesses are heard from and It didn’t. President Trump continued only the President, the Vice President, cross-examined, and hard evidence is to argue that the election had been sto- and ‘‘all civil Officers of the United reviewed. Here there were no hearings len even though the courts didn’t back States’’ can be impeached. It then re- in the House. The evidence presented up his claims. He belittled and har- stricts the penalties for impeachment was mostly video montages and news assed elected officials across the coun- to removal from office and disqualifica- reports. We even had the unusual spec- try to get his way. He encouraged his tion. tacle of voting to call witnesses for the own, loyal Vice President, Mike Pence, A former President is not in any of first time as the trial was ending only to take extraordinary and unconstitu- those three categories. He is not the to immediately reverse course and call tional actions during the electoral col- President. In fact, the Constitution none. Given the seriousness of the situ- lege count. My vote in this impeach- also specifies that when the President ment does nothing to excuse or justify ation, I think we should expect better is impeached, the Chief Justice of the those actions. There’s no doubt in my when the House exercises its constitu- Supreme Court shall preside over the mind that President Trump’s language tional duty of impeachment. trial. Chief Justice Roberts has not This issue involves complicated legal was extreme, aggressive, and irrespon- presided over this trial, thus making it questions. In our legal system, though, sible. Unfortunately, others share the clear that it is not the trial of a Presi- it is very difficult for speech to rise to blame in polluting our political dis- dent. He is obviously not the Vice the level of incitement. ‘‘Incitement’’ President. He is not a civil officer of course with inflammatory and divisive is a legal term of art. Usually it takes the United States. language. As President Trump’s attor- place in the context of incitement to Because he does not fall into any of neys showed, whatever we heard from these categories, I don’t think that violence. Incitement, in our legal sys- President Trump, we had been hearing this trial was appropriate. tem, doesn’t mean ‘‘encouraging’’ vio- from Democrats for years. National Moving beyond the text of the Con- lence or ‘‘advocating’’ violence or even Democrats, up to and including Presi- stitution, the history of the Senate ‘‘espousing’’ violence. It means inten- dent Biden and Vice President Harris, confirms this. The U.S. Senate has tionally causing likely violence. Be- have become regular purveyors of never convicted a former official in an cause the Article of Impeachment uses speech dismissing and even condoning impeachment. The Senate has tried the word ‘‘incitement,’’ I need to evalu- violence. It’s not surprising that when three individuals who were former offi- ate President Trump’s actions under they talk about taking the ‘‘fight’’ to cers—William Blount a former Senator the rubrics of the law of incitement, ‘‘the streets’’ organizations like antifa in 1798; William Belknap a former Sec- which were set out in the Supreme actually take to the streets of our cit- retary of War, in 1876; and Robert Ar- Court case of Brandenburg v. Ohio. In ies with shields and bats and fists, de- chibald an incumbent Commerce Court that case the Court held that incite- stroying lives and livelihoods. judge, in 1912, tried as well for conduct ment required speech that, first, en- Yes, I think President Trump should while a district judge). Belknap is the courages ‘‘imminent lawless action’’ have accepted President Biden’s vic- only executive branch member tried and, second, ‘‘is likely to incite or tory when it became clear he won. I after leaving office. None was con- produce such action.’’ In other words, think Secretary Clinton should have victed for his prior conduct, Archibald in order to succeed, the House man- done the same thing in 2016. But as re- was convicted on counts relating to his agers must have shown that President cently as 2019, she questioned the legit- incumbent judicial service on the Com- Trump’s speech was intended to direct imacy of Trump’s election, saying merce Court. In all three cases, the ju- the crowd to assault the Capitol and ‘‘[Trump] knows he’s an illegitimate risdictional question loomed large at that his language was also likely to president. I believe he understands that the trial and was cited as an important have that effect. the many varying tactics they used, argument justifying the acquittals. In As I said before, what happened on from voter suppression and voter purg- other words, Senate practice is con- January 6 was tragic. We can’t let it ing to hacking to the false stories . . . sistent: It has never convicted a former happen again. But the House managers there were just a bunch of different official in an impeachment. have not sufficiently demonstrated reasons why the election turned out Between the text of the Constitution that President Trump’s speech incited like it did.’’ and the consistent practice of the Sen- it. While I will have more to say about If there’s one lesson I hope we all ate, I’m convinced that this is not an President Trump’s conduct, the fact is learn from not only last year but the appropriate use of our power. While I that he said this: ‘‘I know that every- last few years, it’s that we all need to realize there are arguments on the one here will soon be marching over to tone down the rhetoric. Whether it’s other side from learned scholars, to the Capitol building to peacefully and the destructive riots we saw last sum- me, they do not overcome these prob- patriotically make your voices heard.’’ mer or the assault on the Capitol, too lems of text and history. That speech is not an incitement to many people think that politics really That’s why I voted twice to deal with immanent lawless action as established is just war by another name. To far too this impeachment on jurisdictional in the case law. I wish the crowd would many people, our democracy isn’t free grounds. But my position didn’t pre- have listened to him. people coming together to make life vail, with the majority Democrats vot- Just because President Trump did better for our communities. It’s a ing in lockstep to proceed, and we went not meet the definition of inciting in- street fight. to trial. As I’ve said, even though I surrection does not mean that I think We don’t need to agree on every- think this is inappropriate, I kept an he behaved well. thing. In fact, part of what makes our open mind during the process, and I lis- To be clear, I wanted President democracy great is that we don’t agree tened to both sides as they presented Trump to win in November. I gave over on everything. But we do need to re- their evidence. 30 speeches on his behalf in Iowa the solve these differences with debate and

VerDate Sep 11 2014 05:58 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.012 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S926 CONGRESSIONAL RECORD — SENATE March 1, 2021 with elections, not with violence. United States, shall be removed from Office those who represent the great body of the Whether the violence comes from the on Impeachment for, and Conviction of, people, because the occasion for its exercise left or the right, it’s wrong. The same Treason, Bribery, or other high Crimes and will arise from acts of great injury to the 3 goes for speech that claims to define Misdemeanors.’’ community, and the objects of it may be ‘‘Treason’’ and ‘‘Bribery’’ are foundational such as cannot be easily reached by an ordi- enemies by political views or affili- impeachable offenses. No more heinous ex- nary tribunal.12 ations. ample of an offense against the constitu- We’re all Americans, always trying Iredell’s understanding sustains the view tional order exists than betrayal of the na- that an impeachable offense must cause to form a more perfect union. We have tion to an enemy or betrayal of duty for per- ‘‘great injury to the community.’’ Private more in common than what divides us. sonal enrichment. A President commits trea- wrongdoing, without a significant, adverse It’s high time those of us who have son when he levies war against the United effect upon the nation, cannot constitute an been elected to serve lead by example. States or gives comfort or aid to its en- impeachable offense. James Wilson, a dele- 4 We can take the high road. We can tone emies. As the House Judiciary Committee gate to the Federal Constitutional Conven- explained, a President engages in impeach- tion and, like Iredell, later a Supreme Court down the rhetoric. We can be respectful able bribery when he ‘‘offers, solicits, or ac- even when we disagree strongly. If we Justice, wrote that Impeachments are ‘‘pro- cepts something of personal value to influ- ceedings of a political nature . . . confined to don’t, we’ll be betraying the trust that 5 ence his own official actions.’’ political characters, to political crimes and the American people have placed in us, In interpreting ‘‘high Crimes and Mis- misdemeanors, and to political punish- and we’ll endanger the democracy and demeanors,’’ we must not only look to the ments.’’ 13 the freedom that so many of us have Federalist Papers and the records of the Con- Later commentators expressed similar worked to preserve. stitutional Convention, but also to the con- views. In 1833, Justice Joseph Story quoted These are difficult issues I have con- temporary and foundational writings on Im- favorably from the scholarship of William sidered over the past week, but in the peachment available to the Framers. Rawle, who concluded that the ‘‘legitimate Sir William Blackstone, whose influential causes of impeachment . . . can have ref- end, I am confident in what I think is Commentaries on the Laws of England were the correct position. We do not have erence only to public character, and official published from 1765–1770, discussed a classi- duty . . . In general, those offenses, which the authority to try a private citizen fication of crimes he termed ‘‘public wrongs, may be committed equally by a private per- like former President Trump. Even if or crimes and misdemeanors’’ that he de- son, as a public officer, are not the subject of we did, he should have been accorded fined as breaches of the public duty an indi- impeachment.’’ 14 6 the protections of due process of law in vidual owed to their entire community. This line of reasoning is buttressed by the his trial. And even if we assume he has Blackstone viewed treason, murder, and rob- careful and thoughtful work of the House of bery as ‘‘public wrongs,’’ not only because Representatives during the Watergate pro- been, the House managers still did not they cause injury to individuals but also be- prove that he committed incitement to ceedings. The Democratic staff of the House cause they ‘‘strike at the very being of soci- Judiciary Committee concluded that, insurrection, the specific crime of 7 ety. ’’ ‘‘[b]ecause impeachment of a President is a Richard Wooddeson, a legal scholar who which he stands accused. This does not grave step for the nation, it is to be predi- began giving lectures on English law in 1777, excuse President Trump’s conduct on cated only upon conduct seriously incompat- defined impeachable offenses as misdeeds and around January 6 of this year, it ible with either the constitutional form and that fail to clearly fall under the jurisdiction satisfies my oath as a U.S. Senator in principles of our government or the proper of ordinary tribunals. These wrongs were this Court of Impeachment. I therefore performance of constitutional duties of the ‘‘abuse[s] of high offices of trust’’ that dam- presidential office.’’ 15 voted to acquit. aged the commonwealth.8 The deliberations at the Constitutional Mr. REED. Mr. President, I ask unan- Much the same as Blackstone and Convention also demonstrate a conscious imous consent to have my opinion Wooddeson, Alexander Hamilton included movement to narrow the terminology as a memorandum in the impeachment trial the dual components of abuse of public trust means of raising the threshold for the Im- and national harm in his definition of im- of President Donald J. Trump be print- peachment process to require an offense peachable crimes and misdemeanors. In Fed- ed in the RECORD. against the State. eralist Paper No. 65, Hamilton defined an im- There being no objection, the mate- Early in the debate on the issue of presi- peachable offense as ‘‘those offenses which rial was ordered to be printed in the dential Impeachment in July of 1787, it was proceed from the misconduct of public men, RECORD, as follows: suggested that Impeachment and removal or in other words from the abuse or violation could be founded on a showing of ‘‘mal- OPINION MEMORANDUM OF UNITED STATES of some public trust. They are of a nature practice,’’ ‘‘neglect of duty,’’ or ‘‘corrup- SENATOR JOHN F. REED IN THE IMPEACH- which may with peculiar propriety be de- tion.’’ 16 By September of 1787, the issue of MENT TRIAL OF PRESIDENT DONALD JOHN nominated POLITICAL, as they relate chief- presidential Impeachment had been referred TRUMP ly to injuries done immediately to the soci- to the Committee of Eleven, which was cre- I. FINDINGS ety itself.’’ 9 ated to resolve the most contentious issues. On January 13, 2021, the United States B. The Constitutional Debates House of Representatives passed House Reso- The Committee of Eleven considered Adding impressive support to these con- whether the grounds for Impeachment lution 24,1 ‘‘Impeaching Donald John Trump, sistent views of the meaning of the constitu- 17 This was President of the United States, for high should be ‘‘treason or bribery.’’ tional term, ‘‘high Crimes and Mis- significantly more restricted than the amor- crimes and misdemeanors.’’ demeanors,’’ is the history of the delibera- Based on the evidence in the record, the ar- phous standard of ‘‘malpractice,’’ too re- tions at the Constitutional Convention. guments of the House Impeachment Man- stricted, in fact, for some delegates. George The convention delegates considered lim- agers, and the arguments of President’s Mason objected and suggested that ‘‘mal- iting Impeachment to treason and bribery. Counsel, I conclude as follows: Mr. Trump administration’’ be added to ‘‘treason and However, they concluded that these enumer- 18 has violated his oath to take care that the bribery.’’ James Madison opposed this sug- ated offenses alone could not anticipate laws be faithfully executed and has acted in gestion as being ‘‘equivalent to a tenure dur- every manner of profound misconduct that a 19 a manner that is fundamentally incompat- ing pleasure of the Senate.’’ Mason re- future president might engage in.10 George ible with the constitutional order. The House sponded by further refining his suggestion Mason, a delegate from Virginia, declared Impeachment Managers have proven that and offered the term ‘‘other high crimes and that ‘‘high crimes and misdemeanors’’ would 20 Mr. Trump’s incitement of insurrection misdemeanors against the State.’’ The be an apt way to further capture ‘‘great and amounts to the constitutional standard of Mason language was a clear reference to the dangerous offences’’ or ‘‘[a]ttempts to sub- ‘‘high Crimes and Misdemeanors’’ for which English legal history of Impeachment. Ma- vert the Constitution.’’ 11 the remedy of conviction and disqualifica- son’s proposal explicitly narrowed these of- This wording would also set the nec- tion is warranted. fenses to those ‘‘against the State.’’ The essarily high threshold for Impeachment Convention itself further clarified the stand- II. THE CONSTITUTIONAL GROUNDS FOR that would be proportional to the severe ard by replacing ‘‘State’’ with the ‘‘United IMPEACHMENT punishment of removing an elected official States.’’ 21 ‘‘The Senate shall have the sole Power to and disqualification from holding future pub- At the conclusion of the substantive delib- 2 try all Impeachments.’’ With these few lic office. Further insight is provided by erations on the constitutional standard of words, the Framers of the Constitution en- James Iredell, a delegate to the North Caro- Impeachment, it was obvious that only seri- trusted the Senate with the most awesome lina Convention that ratified the Constitu- ous offenses against the governmental sys- power within a democratic society: whether tion, who later served as a Justice of the tem would justify Impeachment and subse- to remove an impeached president from of- United States Supreme Court. During the quent removal from office. However, the fice. Convention debates, Iredell stated: Committee of Style applied the final sty- A. High Crimes and Misdemeanors The power of impeachment is given by this listic touches to the Constitution. This Com- The Constitution states, ‘‘The President, Constitution, to bring great offenders to mittee had no authority to alter the mean- Vice President and all civil Officers of the punishment . . . This power is lodged in ing of the carefully debated language and

VerDate Sep 11 2014 05:58 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.013 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S927 could only impose a stylistic consistency D. Conclusion the Senate to accomplish, and thus the cur- through, among other things, the elimi- Authoritative commentary on, together rent proceeding before the Senate is void ab nation of redundancy. In its zeal to stream- with the structure of, the Constitution initio as a legal nullity that runs patently line the text, the words ‘‘against the United makes it clear that the term, ‘‘other high contrary to the plain language of the Con- States’’ were eliminated as unnecessary to Crimes and Misdemeanors,’’ encompasses stitution . . . Since removal from office by the meaning of the passage.22 conduct that involves the president in the the Senate of the President is a condition The weight of both authoritative com- impermissible exercise of the powers of his precedent which must occur before, and mentary and the history of the Constitu- office to upset the constitutional order. jointly with, ‘disqualification’ to hold future tional Convention combines to provide con- Moreover, since the essence of Impeachment office, the fact that the Senate presently is vincing proof that the Impeachment process is removal from office, rather than punish- unable to remove from office the 45th Presi- was reserved for serious breaches of the con- ment for offenses, there is a strong inference dent whose term has expired, means that stitutional order that threaten the country that the improper conduct must represent a Averment 1 is therefore irrelevant to any 34 in a direct and immediate manner. continuing threat to the American people matter before the Senate.’’ C. An Impeachable Offense is Not Limited to and the Constitution. Such logic ignores the historical context in Criminal Liability or a Defined Offense which the Impeachment power was drafted, IV. STANDARD OF PROOF Article I, Section 3 of the United States willfully misinterprets the language of the In an Impeachment trial, each Senator has Constitution provides that ‘‘Judgment in Constitution, rejects the precedent set by the obligation to establish the burden of Cases of Impeachment shall not extend fur- previous Senates, and promotes the dan- proof he or she deems proper.27 The Founding ther than to removal from Office, and dis- gerous concept of a ‘‘January Exception.’’ 35 Fathers believed maximum discretion was qualification to hold and enjoy any Office of Impeachment was not a revolutionary con- critical for Senators confronting the gravest honor, Trust or Profit under the United cept at the time the U.S. Constitution was of constitutional choices.28 Differentiating States: but the Party convicted shall never- drafted. The concept had long been part of Impeachment from criminal trials, Alex- theless be liable and subject to Indictment, English political custom, which framed ander Hamilton argued, in Federalist Paper Trial, Judgment and Punishment, according much of the Founder’s understanding of gov- No. 65, that Impeachments ‘‘can never be 36 to Law.’’ 23 As Delegate James Wilson wrote, ernment. Indeed, Alexander Hamilton ex- tied down by such strict rules . . . as in com- ‘‘impeachments, and offenses and offenders plicitly stated in Federalist No. 65 that the mon cases serve to limit the discretion of impeachable [do not come] within the sphere Impeachment power was borrowed from courts in favor of personal security.’’ 29 In 37 of ordinary jurisprudence. They are founded English political history. Thus, we can un- this regard, Hamilton further distinguished on different principles, are governed by dif- derstand the bounds of the Impeachment Impeachment proceedings from a criminal power from precedents set in English polit- ferent maxims, and are directed to different trial by stressing that an impeached official ical history. Two examples from the 18th objects: for this reason, the trial and punish- would be subject to the established rules of century are illustrative of the ment of an offense on an impeachment, is no criminal prosecution after Impeachment.30 impeachability of former officials. First, bar to a trial and punishment of the same of- However, what exact constitutional stand- ‘‘[i]n 1725, former Lord Chancellor fence at common law.’’ 24 The independence ard should be used remains debatable. Prac- Macclesfield was impeached and convicted of the Impeachment process from the pros- tical concerns related to utilizing the Im- for acts of bribery committed during his ten- ecution of crimes underscores the function of peachment power should be considered when ure in office.’’ 38 Second, at the time of the Impeachment as a means to remove a presi- determining the standard of proof required. Philadelphia Convention, Parliament was dent from office, not only because of crimi- Too low of a standard may lead to removal, preparing to conduct an Impeachment trial nal behavior, but because the president poses even if significant doubts exist. A ‘‘. . . high against Warren Hastings, the former Gov- a threat to the constitutional order. Crimi- ‘criminal’ standard of proof could mean, in ernor General of Bengal. These proceedings nal behavior is not irrelevant to an Impeach- practice, that a man could remain president commenced after Hastings had retired from ment, but it only becomes decisive if that be- whom every member of the Senate believed his office. ‘‘The Framers were acutely aware havior imperils the balance of powers estab- to be guilty of corruption, just because his of the Hastings proceeding, with George lished in the Constitution. guilt was not shown ‘beyond a reasonable Mason raising it as an example during debate The assertion that an impeachable offense doubt.’ ’’ 31 on the Impeachment clauses.’’ 39 If the Fram- must be predicated on a criminal act goes When uncertain about the standard of ers had misgivings about Impeachment of against the well-established consensus of the proof to apply, it is worth reviewing the former officials, a concept that would have legal community. For example, Mr. Trump’s writings of eminent scholars. In doing so, I been on the public mind given Mr. Hastings’ former Attorney General, William Barr, have found a closer approximation to what impending Impeachment trial, surely they wrote in a 2018 memo to the Department of the standard should be in many Impeach- would have clarified the wording of the Im- Justice (DOJ) when he was still in private ment trials as compared to those used in peachment power in the U.S. Constitution. practice, that the President ‘‘is answerable general legal practice: ‘‘ ‘[o]verwhelming pre- The practice of impeaching former officers for any abuses of discretion and is ulti- ponderance of the evidence’ . . .’’ 32 Yet, I be- was also common in the early state govern- mately subject to the judgment of Congress lieve that the severity of removing a presi- ments. ‘‘Between 1776 and 1787, 10 of the through the impeachment process [which] dent of the United States warrants an even newly independent states adopted constitu- means that the president is not the judge in higher bar. As such, a definition slightly tions that included impeachment provisions. his own cause.’’ 25 As Mr. Barr makes clear, modified, but modeled on that proposed Five specifically permitted late Impeach- Impeachment does not need to be based on a standard, is more applicable: overwhelm- ment; no state explicitly forbade it.’’ 40 More- crime. over, some state constitutions only allowed Furthermore, any assertion that an im- ingly clear and convincing evidence. This standard more closely comports with histor- the Impeachment of former officials, mean- peachable offense must involve the violation ing that future disqualification from office of an ‘‘already known or established’’ law, ical analysis of the Founders’ desire to sepa- rate criminal law and Impeachment and the was central to the very purpose of Impeach- even if not criminal, is not supported by the ment.41 For example, Thomas Jefferson un- constitutional record. In advocating for the arguments made by scholars, while reflect- ing the serious constitutional harms alleged derwent an Impeachment inquiry in 1781 inclusion of Impeachment at the Constitu- after his tenure as governor ended.42 What tional Convention, James Madison made the in the Article of Impeachment before the Senate. purpose could such a late inquiry have ex- case that the country must be protected cept to attempt to disqualify a former offi- V. CONSTITUTIONALITY OF IMPEACHMENT TRIAL against any number of abuses that a presi- cial from holding office again in the future? dent could engage in and which might cause The President’s Counsel has argued that an The influence of the early state constitu- permanent damage to the country. Madison Impeachment trial conducted after a presi- tions on the drafting of the U.S. Constitu- wrote that: dent leaves office is unconstitutional. Spe- tion is widely accepted. This influence no [It was] indispensable that some provision cifically, they write, in their trial brief, ‘‘It doubt extended to the Framer’s under- should be made for defending the Commu- is denied that the quoted provision [Article standing of the Impeachment power as in- nity [against] the incapacity, negligence or I, Section 4] currently applies to the 45th cluding former officials.43 perfidy of the chief Magistrate. The limita- President of the United States since he is no Indeed, the language of the U.S. Constitu- tion of the period of his service, was not a longer ‘President’.’’ 33 The President’s Coun- tion proves this out. Article I, Section 3, sufficient security[. . .] He might pervert his sel hinge their argument on the wording of Clause 6 states, ‘‘The Senate shall have the administration into a scheme of peculation Article II, Section 4, which reads, ‘‘The sole Power to try all Impeachments.’’ That or oppression. He might betray his trust to President, Vice President and all Civil Offi- is, the Senate has the power to conduct a foreign powers.26 cers of the United States, shall be removed trial for any Impeachment commenced by Confining Impeachment to criminal or from Office on Impeachment for, and Convic- the House of Representatives without quali- even codified offenses goes against the main- tion of, Treason, Bribery, or other high fication regarding its timing. The House im- stream consensus on the meaning of ‘‘high Crimes and Misdemeanors.’’ The President’s peached Mr. Trump, and it is now in the con- Crimes and Misdemeanors’’ and would fail to Counsel argue that since Mr. Trump is no stitutional power of the Senate to conduct capture the universe of harms to the con- longer the president, an Impeachment trial. Article I further out- stitutional order in which a President could ‘‘[T]he clause ‘shall be removed from Office lines two possible penalties in any Impeach- engage. on Impeachment for . . .’ is impossible for ment trial: removal and disqualification.

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.031 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S928 CONGRESSIONAL RECORD — SENATE March 1, 2021 The Senate cannot exceed these penalties, Constitution did not intend to grant Mr. tion of the Senate is to accord the president, nor are these penalties necessarily linked by Trump a January reprieve from account- as the accused, the right to conduct his de- the language of the text. The Senate has the ability. He must be held accountable for his fense fairly, while respecting the House of power to remove a president without also actions during the last weeks of his presi- Representative’s exclusive constitutional disqualifying him or her from future office. dency. prerogative to bring Articles of Impeach- Likewise, legal scholars assert that disquali- VI. DUE PROCESS ment. At the core of the Senate’s task is the fication from office need not follow removal fundamental understanding that our system The President’s Counsel assert that the from office.44 Such a reading would neuter of laws recognizes the rights of defendants Impeachment inquiry is defective because of the ability of the Senate to disqualify offi- and the responsibilities of the prosecution to a lack of due process protections for Mr. cials from future office upon their resigna- prove its case. Trump. However, the Constitution does not tion. Hence, an official accused of crimes Based on the above analysis, I find that provide any guidance about what procedures against the political order could simply re- there is overwhelmingly clear and con- are proscribed in an Impeachment trial. Ar- sign to avoid punishment and potentially re- vincing evidence that Mr. Trump was af- take office in the future. The Framers under- ticle II, Section 3 states, ‘‘The Senate shall forded due process in this Impeachment pro- stood that the power of a demagogic presi- have the sole power to try all Impeach- ceeding. ments.’’ 54 Alexander Hamilton provides con- dent extends beyond his tenure of office. The VII. INCITEMENT OF INSURRECTION text to this in Federalist Paper No. 65, say- disqualification component of the Impeach- House Resolution 24 alleges that, in the ment power is the constitutional method for ing that Impeachments ‘‘can never be tied down by such strict rules . . . as in common conduct of his office, Mr. Trump incited an addressing this dangerous potentiality, for it insurrection, in violation of his constitu- establishes ‘‘a perpetual ostracism from the cases serve to limit the discretion of courts in favor of personal security.’’ 55 tional duty to take care that the laws be esteem and confidence, and honors and faithfully executed, and in subversion of the emoluments of his country.’’ 45 Specifically, President’s Counsel asserts that the Speaker of the House purposefully constitutional order. I find that there is In accordance with English political his- overwhelmingly clear and convincing evi- tory, the early state constitutions, and the held onto the Article of Impeachment, passed by the House of Representatives, in dence that Mr. Trump committed impeach- clear language of the U.S. Constitution, the able conduct. As I will further explain, Mr. Senate has repeatedly asserted its right to order to ensure that Mr. Trump’s term would end before a Senate trial commenced. How- Trump must be convicted and disqualified conduct an Impeachment trial of former gov- from holding office for the conduct described ever, at the time H. Res. 24 passed, the Sen- ernment officials. The first Impeachment in H. Res. 24. trial concerned Senator William Blount of ate was in recess and not scheduled to return A. Legal Standards for Incitement Tennessee on the charge of conspiracy. After until January 19th. The Senate Minority the Senate expelled Blount from the body in Leader urged the Senate Majority Leader to As explained in Section III, Congress is July of 1797, the House brought five articles bring the Senate back into session imme- bound neither by civil nor criminal law in of Impeachment against the former senator diately in order to receive the Article of Im- determining whether an offense meets the in January of 1798 with the intention of dis- peachment. However, the Senate Majority standard of ‘‘high Crimes or Misdemeanors.’’ qualifying him from holding office in the fu- Leader rejected this request, meaning that However, existing legal frameworks for ‘‘in- ture.46 Most scholars agree that the Senate even if the House of Representatives had citement’’ are helpful for analyzing and put- dismissed the case on the grounds that the tried to send the Article to the Senate imme- ting Mr. Trump’s words and conduct into Impeachment power does not extend to diately after passage, it would not have been context. Black’s Law Dictionary defines incitement Members of Congress.47 The Senate did not, considered until the Senate was back in ses- however, dismiss the case on the basis that sion.56 generally as ‘‘the act or an instance of pro- voking, urging on, or stirring up.’’ 62 Specifi- Blount was a former official.48 The Senate President’s Counsel also assert that the once again asserted its right to conduct an House of Representatives did not provide cally in regards to criminal law, Black’s Law Impeachment trial of a former official in the proper due process because it did not hold Dictionary defines incitement as ‘‘the act of 1876 case of ex-Secretary of War William hearings on the Article of Impeachment. persuading another person to commit a 63 Belknap. The House voted to impeach Manager Lieu analogized the present facts to crime.’’ A group of constitutional law scholars ex- Belknap after he resigned. The Senate then a case where crimes are committed in plain plained that, for the purposes of Impeach- debated the constitutionality of late view, and prosecutors do not have to spend a ment, a determination of whether a presi- impeachability before asserting in a 37–29 prolonged time investigating before pressing dent’s speech or conduct is protected must charges.57 In this case, the events in ques- vote that it had the power to try an ex-offi- primarily take into account whether a presi- 49 tion—the ‘‘Save America’’ rally, the Elec- cer. Though Belknap was not ultimately dent’s words are consistent with the Con- toral Certification, and the ensuing insurrec- convicted, the Senate had decided that it had stitution 64 and the oath to ‘‘faithfully exe- the power to convict and disqualify an ex-of- tion—were widely broadcast on television cute the office of President of the United ficial. Congress acted once more in the 1926 and in news publications. Those who took States, and . . . preserve, protect and defend case of federal judge George English. The part in the attack also documented their the Constitution of the United States.’’ 65 House of Representatives chose not to fur- participation over social media including on For example, if a president said ‘‘I no longer 58 ther pursue Impeachment after English’s res- Twitter, Instagram, and YouTube. In the promise to support and defend the Constitu- ignation, but the House Managers declared aftermath of the insurrection, participants tion of the United States’’ or ‘‘I no longer ‘‘the resignation of Judge English in no way were arrested and indicted for their unlawful recognize Congress as a co-equal branch of affects the right of the Senate, sitting as a and violent actions, and their charging docu- government,’’ these statements would cer- 59 court of impeachment, to hear and deter- ments were available to the public. tainly be inherently antithetical to the con- mine [the case].’’ 50 Several Senators simi- In addition, President’s Counsel, through- stitutional order that the president swore to larly declared the jurisdiction of the Senate out this case, has conflated the requirements uphold. While these statements may be law- in the case of Judge English.51 As these cases of an Impeachment proceeding with that of a ful and protected by the Constitution in an- demonstrate, the Senate has repeatedly de- criminal case, where the Due Process Clause other context, they would certainly be im- clared its late-Impeachment powers, though of the Fifth Amendment applies. These peachable. it has rarely chosen to purse Impeachment.52 claims are spurious at best. As constitu- Turning to the definition of ‘‘insurrection’’ Finally, the denial of late impeachability tional scholar Michael Gerhardt stated in re- itself, the Corpus Juris Secundum defines it promotes the dangerous and unconstitu- gards to Mr. Trump first Impeachment, as ‘‘the act of rising in open resistance tional idea of a ‘‘January Exception.’’ One of ‘‘First, the [Due Process] clause does not against established authority or govern- the central concerns of the Framers was the apply because none of the interests protected ment, or as any open and active opposition diffusion of power across branches in a sys- by the due process clause are being denied of a number of persons to the execution of tem of checks and balances to prevent any here—the sanctions are removal and dis- the laws of the United States of so formi- one branch, but particularly the executive, qualification but not the deprivation of life, dable a character as to deny, for the time from gaining too much power. Impeachment liberty, or property, which the clause pro- being, the authority of the government, even is the last line of defense created to hold of- tects. Second, even if due process applies, it though not accompanied by bloodshed and ficials accountable for their abuse of those has been satisfied here: The minimal require- not of sufficient magnitude to render success powers. Hence the time between election and ments of due process are an impartial deci- probable.’’ 66 inauguration is not a consequence-free pe- sion-maker and notice. The president has Based on these sources, I will examine the riod for an outgoing president. A president had plenty of notice about the impeachment following questions, in order to determine who commits an impeachable offense on the effort, and the Constitution designates sen- whether Mr. Trump incited his supporters to night before his term ends is still account- ators as the impartial decision-makers.’’ 60 commit insurrection, able for those actions when he leaves the ‘‘The Supreme Court has explained . . . (1) What was Mr. Trump’s pattern of Oval Office. After his term as president, that due process is not a ‘technical concep- speech or conduct prior to the January 6th John Quincy Adams proclaimed, ‘‘I hold my- tion with a fixed content unrelated to time, ‘‘Save America’’ rally? self, so long as I have the breath of life in my place, and circumstances.’ Instead, the con- (2) Did Mr. Trump foreseeably or recklessly body, amendable to impeachment by [the] cept is ‘flexible and calls for such procedural solicit his supporters to believe his election House for everything I did during the time I protections as the particular situation de- lies, and know that his supporters would held any public office.’’ 53 The Framers of the mands.’ ’’ 61 In an Impeachment, the obliga- take action based on these lies?

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.032 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S929 (3) Did Mr. Trump’s speech or conduct fraud, fraud that has never been seen like at statehouses in Michigan, Idaho, and Or- drive his supporters to commit unlawful or this before.’’ 75 egon.85 These disruptive and aggressive violent acts on January 6th? The day after Christmas 2020, Mr. Trump methods were in essence a prelude to what (4) What steps did Mr. Trump take once the sought to escalate his narrative that there happened during the assault on the Capitol. rioters had breached the Capitol? was a mass effort to deprive him of a second This anger boiled over when six men plot- B. Leading Up to January 6, 2021, Mr. Trump term. He sent out a series of tweets attack- ted to kidnap Michigan Governor Gretchen Propagated a False Narrative that the Elec- ing executive branch agencies, the federal ju- Whitmer because they were angry about the tion Had Been Stolen and Supported Vio- diciary, and Senate Republicans, claiming state’s coronavirus policies.86 When the Fed- lent Rhetoric that they had not done enough to prevent eral Bureau of Investigation foiled the plot, Mr. Trump added fuel to the fire, and at- To determine whether Mr. Trump engaged voter fraud. He tweeted that the Supreme tacked Governor Whitmer over Twitter. He in incitement, it is instructive to look at a Court ‘‘has been totally incompetent and weak timeline of Mr. Trump’s statements, direct on the massive Election Fraud that took place.’’ tweeted, ‘‘Governor Whitmer of Michigan has acts, and actions taken at his behest, leading He also tweeted that ‘‘The ‘Justice’ Depart- done a terrible job. She locked down her state up to January 6th. ment and the FBI have done nothing about the for everyone, except her husband’s boating ac- 2020 Presidential Election Voter Fraud.’’ Fur- tivities . . . My Justice Department and Federal a. Statements and Conduct Regarding Voter thermore, he leveled the claim that ‘‘If a Law Enforcement announced . . . today that Fraud Before the 2020 Election Democrat Presidential Candidate had an Elec- they foiled a dangerous plot against the Gov- Even before the November 2020 election, tion Rigged & Stolen, with proof of such acts at ernor of Michigan. Rather than say thank you, Mr. Trump gave credence to the idea that a level never seen before, the Democrat Senators she calls me a White Supremacist—while Biden mass voter fraud would be inevitable, and would consider it an act of war, and fight to the and Democrats refuse to condemn Antifa, Anar- the only way he would lose was if the elec- death. Mitch & the Republicans do NOTH- chists, Looters and Mobs that burn down Demo- tion were stolen. For example, in July, Mr. ING.’’ 76 crat run cities.’’ 87 Trump tweeted ‘‘With Universal Mail-In Vot- As late as January 4th, Mr. Trump held a Furthermore, in November 2020, Mr. Trump ing (not Absentee Voting, which is good), 2020 rally before the Georgia Senate runoff say- embraced a group of his followers who will be the most INACCURATE & FRAUDU- ing, ‘‘When you win in a landslide and they sought to intimidate supporters of his polit- LENT Election in history.’’ 67 At an August steal it and it’s rigged, it’s not acceptable. ical opponent. He posted a video of his sup- rally in Wisconsin, Trump said ‘‘The only Not acceptable.’’ The crowd chanted, ‘‘Fight porters in different cars surrounding a Biden way we’re going to lose this election is if the for Trump!’’ and Mr. Trump responded, campaign bus in Texas. Mr. Trump cheered election is rigged, remember that . . . It’s ‘‘They’re not going to take the White House. this kind of intimidation, tweeting, ‘‘I LOVE the only way we’re going to lose this elec- We’re going to fight like hell.’’ 77 TEXAS’’ and ‘‘In my opinion, these patriots did tion. So we have to be very careful.’’ 68 In In addition to his dishonest rhetoric on nothing wrong.’’ 88 At a rally in Michigan, Mr. September, he told reporters, from the White election fraud, Mr. Trump took concrete Trump even praised his supporters’ actions House lawn, ‘‘I’m not sure that it [the elec- steps to bend reality to match what he want- saying, ‘‘Did you see the way our people, tion] can be [honest], I don’t know that it ed. As I will explain in more detail in Sec- they were, ya know, protecting this bus . . . can be with this whole situation, unsolicited tion VIII, Mr. Trump used any means nec- because they’re nice . . . They had hundreds ballots, they’re unsolicited, millions being essary to cajole, intimidate, and threaten in- of cars. Trump! Trump! Trump and the sent to everybody.’’ 69 dividuals at all levels of government to use American flag.’’ 89 Before the election took place, Mr. Trump their authority to reject, and in some cases After Mr. Biden was declared the winner, also refused to say whether he would accept alter, the electoral votes for Mr. Biden.78 Mr. Trump focused his ire in the following the election results. In a July interview with It is important to note that Mr. Trump weeks on changing the election results in Chris Wallace, when asked directly whether forcefully pushed these lies, no matter how Georgia. Mr. Trump’s relentless claims of he would accept the results of the election, divorced from reality they became. In the voter fraud in Georgia were followed by a Trump said ‘‘Look, you—I have to see. No, weeks after the election, it became painstak- wave of death threats against state election I’m not going to just say yes.’’ 70 In Sep- ingly clear that Mr. Biden was the winner, as officials. Gabriel Sterling, an election offi- tember, when asked by a reporter if he would states moved to certify his results. In states cial in Georgia, pleaded with Mr. Trump to commit to a peaceful transfer of power, Mr. where the Trump campaign asked for elec- denounce the threats of violence, clearly ar- Trump implied that he would not, saying tion audits, subsequent recounts provided no ticulating the risks of failing to do so. Ster- ‘‘Get rid of the ballots and you’ll have a very compelling evidence that Mr. Trump had ling said, ‘‘Mr. President, it looks like you peaceful—there won’t be a transfer, frankly. won by a landslide.79 He and his allies filed likely lost the state of Georgia. We’re inves- There will be a continuation.’’ In the same and lost over 60 lawsuits alleging voting tigating. There’s always a possibility, I get month, when asked by a reporter whether irregularities in state and federal court, in- it, and you have the rights to go through the the election results would be legitimate only cluding the Supreme Court.80 His Attorney courts. What you don’t have the ability to if he won, Mr. Trump did not give a direct General attested that the Justice Depart- do—and you need to step up and say this—is answer, saying, ‘‘So we have to be very care- ment discovered no voting fraud ‘‘on a scale stop inspiring people to commit potential ful with the ballots. The ballots—that’s a that could have effected a different outcome acts of violence. Someone’s going to get whole big scam.’’ 71 in the election.’’ 81 Top election officials put hurt. Someone’s going to get shot. Some- b. Statements and Conduct Regarding Voter out a statement saying, ‘‘The November 3rd one’s going to get killed. And it’s not Fraud After 2020 Election election was the most secure in American right.’’ 90 history . . . There is no evidence that any Once the 2020 election was over, Mr. Trump d. Mr. Trump Supported Extremist Groups voting system deleted or lost votes, changed made it clear that he would concede under Mr. Trump made statements supporting, or votes, or was in any way compromised.’’ 82 no circumstances, and continued his full- failing to condemn members of extremist The day before the Capitol insurrection, even court press urging Americans not to accept groups, many of whom came together to Vice President Mike Pence told Mr. Trump the election results. In a statement after Mr. storm the Capitol on January 6th. that he had a constitutional duty to certify Biden was projected the winner, Mr. Trump Famously, during the first presidential de- the true winner of the election, which was said, ‘‘The simple fact is this election is far from bate on September 29th, when asked to con- Mr. Biden.83 over . . . Beginning Monday, our campaign will demn white supremacist groups, like the Yet, throughout all of this and despite un- start prosecuting our case in court to ensure Proud Boys, Trump refused. Instead, he an- deniable evidence to the contrary, Mr. election laws are fully upheld and the rightful nounced, ‘‘Proud Boys—stand back and stand Trump doggedly claimed that he had won the winner is seated. The American People are enti- by.’’ 91 The Proud Boys group took this as an election, and that his supporters should help tled to an honest election: that means counting explicit endorsement of their violent tactics vindicate him. He lied to the American peo- all legal ballots, and not counting any illegal and ideology.92 A known social media ac- ple, and did so knowingly and deliberately. ballots. This is the only way to ensure the pub- count associated with the Proud Boys made lic has full confidence in our election.’’ 72 c. Mr. Trump Invoked Violent Means to Fur- ‘‘Stand back and stand by’’ its new slogan, Mr. Trump escalated his attack on the ther His Re-Election and Proud Boys leader Joe Biggs likewise election results by posting a speech on De- Leading up to January 6th, Mr. Trump sup- posted that he was ‘‘standing by.’’ 93 cember 2nd, which he taped from behind the ported—either tacitly or outright—the use of Mr. Trump also made statements and used presidential lectern and characterized as po- violent and menacing tactics by his sup- social media to pander to Q’Anon, a con- tentially ‘‘the most important speech I’ve porters. For example, in the spring of 2020, spiracy movement, including by retweeting ever made.’’ 73 Over the course of 46 minutes, Mr. Trump embraced the backlash against messages from Q’Anon followers on Twitter Mr. Trump repeated the same baseless COVID–19 policies to aid his re-election. Fol- hundreds of times before his account was claims of voter fraud, and refused to ac- lowing armed protests over stay-at-home or- suspended.94 When pressed on his views on knowledge his loss. Mr. Trump said the na- ders, he tweeted ‘‘LIBERATE MINNESOTA!’’, Q’Anon, Mr. Trump appeared to defend the tion’s election system was ‘‘under coordi- ‘‘LIBERATE MICHIGAN!’’ and ‘‘LIBERATE movement. On August 19th, Mr. Trump tac- nated assault and siege’’ and declared that it VIRGINIA, and save your great 2nd Amend- itly endorsed QAnon at a press conference, was ‘‘statistically impossible’’ for him to ment. It is under siege!’’ 84 During some of the saying, ‘‘I don’t know much about the move- have lost to Mr. Biden.74 His overall claim anti-lockdown protests, armed groups at- ment, other than I understand they like me was that, ‘‘This election is about great voter tempted to derail the legislative proceedings very much. Which I appreciate.’’ 95 In a town

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.033 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S930 CONGRESSIONAL RECORD — SENATE March 1, 2021 hall on October 15th, Mr. Trump praised to foreseeably and recklessly goad his sup- By 12:53pm, a large group of Trump sup- Q’Anon members again, this time saying, porters into action. We know this because porters approached a fenced off area in front ‘‘Let me just—let me just tell you, what I do there is evidence that his supporters were of the Capitol and began to engage with Cap- hear about it, is they are very strongly buying into his delegitimizing the election, itol police officers, many of whom were against pedophilia. And I agree with that. I his encouragement of taking action to over- armed only with mace and their side arms.116 mean, I do agree with that. And I agree with turn the electoral process, and his support b. The Insurrection Begins it very strongly.’’ 96 for violent tactics. The crowd pushed past the barricade, e. Mr. Trump Organized the January 6th Mr. Trump’s promotion of themes such as knocking down police officers in the process, ‘‘Save America’’ Rally ‘‘Stop the Count’’ and ‘‘Stop the Steal’’ in an attempt to get closer to the building. served to gin up his supporters. Manager In the days leading up to January 6th, Mr. Within minutes, protestors began swarming Swalwell pointed out that Mr. Trump spent Trump sent out numerous tweets promoting other entrances of the Capitol.117 Inside the ‘‘millions of dollars to amplify that lie . . . the ‘‘Save America Rally’’ and gave his sup- Capitol, Vice President Pence presided over [I]n mid-December, President Trump an- porters specific instructions on when and the joint session of Congress. Contrary to where to attend. On December 19th, he nounced the release of ads, including ones the wishes of Mr. Trump, Vice President tweeted, ‘‘Big protest in D.C. on January 6th entitled ‘’The Evidence is Overwhelming— Pence began the process of certifying the . . . Be there, will be wild!’’ 97 On December 27, FRAUD!’’ and ‘‘STOP THE STEAL.’’ He election results. Outside the Capitol, the he tweeted ‘‘See you in Washington, DC, on spent $50 million from his legal defense fund crowd of protestors grew more violent. ‘‘Ri- January 6th. Don’t miss it. Information to fol- on these ads to stop the steal and amplify his oters wearing Trump paraphernalia shoved low.’’ 98 On January 1, 2021, he tweeted, ‘‘The message. They were released nationally, and punched Capitol Police officers, gouged BIG Protest Rally in Washington, D.C. will take played in video ads, online advertising, and their eyes, assaulted them with pepper spray 107 place at 11:00 A.M. on January 6th. Locational targeted text messages.’’ and projectiles, and denounced them as ‘cow- His supporters took these ideas literally— 118 details to follow. StopTheSteal!’’ 99 The day be- ards’ and ‘traitors.’ ’’ Law enforcement of- fore, he posted, ‘‘I will be speaking at the angrily converging upon vote centers on No- ficers were attacked with baseball bats, SAVE AMERICA RALLY tomorrow on the El- vember 5th to protest the continued count- crutches, hockey sticks, flag poles, and fire 108 119 lipse at 11AM Eastern. Arrive early—doors open ing of ballots after Election Day. Trump extinguishers. Some rioters came armed 100 supporters formed ‘‘Stop the Steal’’ online with handguns, pepper spray, knives, and at 7AM Eastern. BIG CROWDS!’’ 120 Mr. Trump not only knew, but actively co- groups, which became a hotbed for sharing brass knuckles. Congressional staff and re- ordinated the January 6th rally in order to false claims and misleading videos about porters were warned to stay away from win- 121 disrupt the congressional proceedings that voter fraud. In November and December, his dows and doors. day. First, Mr. Trump chose to convene a supporters held ‘‘Stop the Steal’’ rallies c. Rioters Storm the Capitol rally on the same day as the electoral cer- around the country. It was widely publicized Between 2pm and 2:30pm, rioters broke tification, and then explicitly urged his sup- that, at some of these events, participants through multiple entrances and began push- porters to attend what he predicted would be were armed and belligerent. Notably, on De- ing deeper into the Capitol, flooding the Ro- a ‘‘wild’’ and ‘‘historic’’ day. Manager cember 12th, they staged the Second Million tunda, Crypt, Statuary Hall, and other loca- Plaskett underscored that it was only after MAGA March in Washington, D.C., which re- tions.122 Videos captured by rioters show the Mr. Trump chose that day that the Pro- sulted in violent clashes between Proud Boy crowd, many in Trump paraphernalia, chant- 109 Trump group, Women for America First, ob- members and counter protestors. Mr. ing ‘‘Stop the Steal’’ and ‘‘U.S.A.’’ as they tained a permit for what became the ‘‘Save Trump promoted these rallies on his social breached the Capitol and overpowered secu- America’’ rally at the Ellipse.101 The day media, and, in some instances, heaped praise rity.123 110 after Women for America First announced on his supporters for fighting. Meanwhile, the Joint Session had sepa- the rally, Mr. Trump reposted their invita- The evidence showed that Mr. Trump’s pro- rated into different chambers. The Senate tion and replied ‘‘I will be there Historic motion of the ‘‘Save America’’ rally suc- was in the midst of a debate regarding an ob- day!’’ 102 Manager Plaskett stated that the ceeded in convincing his supporters to show jection to certifying Arizona’s Electoral Col- Trump campaign even ‘‘became directly in- up at the time and place he named on Janu- lege votes.124 Secret Service rushed Vice volved with the planning of the event, in- ary 6th. Many of Mr. Trump’s supporters said President Pence out of the Senate chambers cluding the speaking line-up and even the that they felt summoned to Washington, and took him and members of his family to music to be played and brought in the same D.C. to take retaliatory action. In a Parler a secure location within the Capitol.125 Cap- people who spoke at the second Million post before the insurrection, a supporter itol Police officer Eugene Goodman led riot- MAGA rally to help.’’ 103 Notably, Vice Presi- shared one of Mr. Trump’s tweets and wrote, ers away from the entrance to the Senate dent Pence’s sister-in-law is on the advisory ‘‘This isn’t a joke, this is where and when we chambers, narrowly avoiding a potentially board of Women for Trump, which has ties to make our stand. #January6th, Washington deadly encounter between Members of the 126 Women for America First—thus blurring the DC. Be there, no matter what. Nothing is Senate and rioters. Senators were then 111 127 lines between the Trump administration and more important.’’ In a statement taped on evacuated from the Chamber. On the other side of the Capitol, the House the organizers of the January 6th rally.104 a livestream video taken during the insur- Manager Plaskett also emphasized that rection, a man is heard saying, ‘‘Our presi- went into recess and members were told to 128 Mr. Trump’s top advisors and the Trump dent wants us here We wait and take orders lock down and shelter in place. By 2:45 pm, communications team were actively moni- from our president.’’ 112 In court papers and members of the Capitol Security Team were toring posts from mainstream websites such interviews given after the insurrection, pro- forced to barricade the doors to the Chamber as insurrectionists attempted to break in. as Twitter and Facebook, as well as pro- Trump rioters said they joined the march be- House Members were instructed to put on Trump message boards on Reddit and cause the president encouraged them to do 113 gas masks and some attempted to build 4Chan.105 Posters wrote about preparations so. makeshift shelters in case the mob broke for the rally in Washington, D.C. to take I find overwhelmingly clear and convincing through the doors.129 Members who were on their election back, by violent means if nec- evidence that Mr. Trump and his allies the ground level were evacuated through the essary, on these message boards. His sup- foreseeably and recklessly solicited his sup- Speaker’s Lobby as Capitol Security guarded porters posted hundreds of messages out- porters to help him overturn the election re- the door with guns.130 Ashli Babbitt, an Air lining their plans for January 6th. They dis- sults—including most prominently by at- Force veteran, was fatally shot as she and cussed how to physically breach the Capitol tending the January 6th rally to disrupt the Electoral College certification. others tried to break through the barricaded grounds, which individuals to target once in- 131 D. Mr. Trump’s Supporters Committed Unlawful glass door. Members, reporters, and staff side, and which weapons and tactical gear to in the Gallery remained trapped one floor 106 Acts of Insurrection on January 6th take with them. above the rioters. Videos taken during the In this section, I outlined Mr. Trump’s a. Trump Speaks at the ‘‘Save America’’ Rally events on January 6th show this group sit- words and actions leading up to the attack After months of fomenting anger over his ting and lying down in the aisles in an at- on the Capitol. I will now move onto exam- false claims of election fraud, Mr. Trump tempt to shelter behind the chairs.132 One ining whether Mr. Trump foreseeably or gathered his supporters at the ‘‘Save Amer- particularly moving photo shows Represent- recklessly persuaded his supporters into be- ica’’ rally on January 6th. Once there, Mr. ative Jason Crow (D-CO), a former Army lieving his voter fraud lies and taking action Trump told the crowd ‘‘We’re going to walk Ranger, comforting Representative Susan at his behest to prevent what he considered down to the Capitol because you’ll never Wild (D-PA) as the pair sheltered in the Gal- a stolen election. take back our country with weakness. You lery.133 Rep. Crow recounted that he was C. Mr. Trump Foreseeably and Recklessly Per- have to show strength and you have to be doing what any friend would do, telling Rep. suaded His Supporters That the Election strong.’’ 114 This was a continuation of a pat- Wild ‘‘that I was there for her, and that we Was Stolen tern of violent rhetoric by Mr. Trump lead- would get through it.’’ 134 Another video Mr. Trump spread lies, conspiracy theories, ing up to the events at the Capitol. For ex- shows Rep. Lisa Blunt Rochester (D-DE) and incendiary rhetoric before and after the ample, Mr. Trump had previously told fol- praying loudly in the Gallery for safety and 2020 election. He did so with the under- lowers to ‘‘Fight like Hell’’ at rallies. He re- peace as she and other lawmakers, including standing that it would inflame his sup- peated this language at the rally at noon on Rep. Pramila Jayapal (D-WA), watched Cap- porters and enlist their aid in helping him January 6th stating, ‘‘[W]e fight. We fight itol Police officers barricade the door to the disrupt the electoral process. The effect was like hell.’’ 115 His supporters got the message. Chamber.135

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.034 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S931 d. The Rioters Target Vice President Pence Capitol Police were treated cruelly by the ratified the Constitution by 1792, thirteen and Speaker Pelosi mob. Over the course of the insurrection, 140 had laws limiting libelous or blasphemous As members of Congress moved to secure police officers were injured and one officer, speech.152 In addition, the Supreme Court has locations or sheltered in place, rioters Brian Sicknick, was killed. Four rioters also recognized specific categories of speech that walked the halls carrying Confederate flags, died. Congressional Leadership offices were are not protected by the First Amendment vandalizing the building, and breaking into trashed, the walls of the Capitol bore the and which the government may regulate be- congressional offices, including the office of marks of bullets, monuments were de- cause of their content. These categories are Speaker of the House Nancy Pelosi.136 One ri- stroyed, windows were smashed and broken ‘‘obscenity, defamation, fraud, incitement, oter said that he and other rioters ‘‘kicked in, Members and staff were terrorized, Sen- fighting words, true threats, speech integral in Nancy Pelosi’s office door’’ and that ate desks were ransacked, and smoke hung to criminal conduct, and child pornog- ‘‘Crazy Nancy probably would have been torn in the air. Mr. Trump should have pleaded raphy.’’ 153 into little pieces but she was nowhere to be with the crowd to stand down and leave the The relevant legal framework for incite- seen.’’ 137 The use of the term ‘‘Crazy Nancy’’ Capitol as soon as the insurrection began. ment was established by the U.S. Supreme is significant, for this is Mr. Trump’s nick- The fact that he waited to address the riot- Court in the 1969 case of Brandenburg v. name for the Speaker of the House. Vice ers, and downplayed the severity of the in- Ohio.154 In that case, a Ku Klux Klan leader, President Mike Pence was another primary surrection to the point of even praising the Clarence Brandenburg, was convicted after target for the most violent sections of the patriotism of the rioters, was not just dere- making a speech at a Klan rally that appar- mob. ‘‘Once we found out Pence turned on us liction of duty. It was malicious disregard ently broke an Ohio law against and that they had stolen the election, like, for the lives of Capitol Police, Members of ‘‘advocat[ing] crime, sabotage, violence, or officially, the crowd went crazy,’’ said one ri- Congress, staff, and Capitol workers threat- unlawful methods of terrorism as a means of oter.138 Rioters called for Pence’s death.139 ened by the mob that he incited. accomplishing industrial or political re- 155 Throughout the Capitol, Members and their form.’’ The Supreme Court overturned f. The Capitol is Cleared and the Election Re- Brandenburg’s conviction and struck down staff barricaded themselves in offices, hid sults are Certified under tables, called loved ones, and prayed the statute on First Amendment grounds. In It took more than four hours after the riot- doing so, the Court articulated a new test for for safety.140 ers first entered the building to secure the when advocating for violence or lawbreaking e. The President Fails to Respond to or Con- Capitol and another three hours before the could be criminally prosecuted. The Bran- demn the Violence at the Capitol Joint Session could resume.148 Nevertheless, denburg test defines unprotected incitement President’s Counsel argue that the Presi- Joseph R. Biden Jr. was confirmed the win- as speech that is ‘‘directed to inciting or pro- dent did not intend or anticipate for violence ner of the 2020 election at approximately ducing imminent lawless action and is likely to take place. If that were the case, one 4am.149 Democracy prevailed. to incite or produce such action.’’ 156 would expect that—as soon as it was clear E. The First Amendment Is Not a Defense to Mr. Subsequent cases further clarified the ‘‘im- that the rioters had begun engaging in un- Trump’s Incitement of Insurrection minence’’ standard set out in Brandenburg. lawful or violent acts—Mr. Trump would President’s Counsel argued at trial that In the Supreme Court case of Hess v. Indi- quickly and clearly condemn these actions Mr. Trump was exercising his First Amend- ana, Gregory Hess was attending an anti- and take every action possible to stop fur- ment rights in expressing his views at the Vietnam war protest when the police moved ther violence. Arguably, once the ‘‘Save America’’ rally, and thus cannot be a group of protesters from the street onto lawbreaking began, it was only Mr. Trump convicted in this proceeding. I conclude that the sidewalk.157 Hess said, ‘‘We’ll take the that had the most potent power at that point there is overwhelmingly clear and con- [effing] street later’’ and was convicted for to get his supporters to stop. However, in- vincing evidence that the First Amendment disorderly conduct.158 The Supreme Court re- stead of acting expeditiously, it took him does not inoculate him from the current Im- versed Hess’ conviction, concluding, ‘‘Since more than two hours after the rioters peachment charge. the uncontroverted evidence showed that stormed the Capitol to make a statement. In Hess’ statement was not directed to any per- a. The First Amendment Is Not a Bar to Im- this time, it is reported that lawmakers and son or group of persons, it cannot be said peachment Trump advisors pleaded with him to call off that he was advocating, in the normal sense, the angry mob and denounce the violence.141 As I explained in Section II, the relevant any action. And since there was no evidence, Mr. Trump was seemingly unmoved by these standard in an Impeachment trial is whether or rational inference from the import of the pleas for help, and it is even reported that he a president committed impeachable ‘‘high language, that his words were intended to was pleased by the actions of his sup- Crimes and Misdemeanors.’’ An impeachable produce, and likely to produce, imminent porters.142 Rather than call off his sup- offense need not violate a criminal or other disorder, those words could not be punished porters, it is reported that Mr. Trump called established law. Indeed, even an action that by the State on the ground that they had ‘a a Member of the Senate asking him to raise is lawful or otherwise protected by the Con- tendency to lead to violence.’ ’’ 159 additional objections to certifying the Elec- stitution can still be an impeachable offense. The Supreme Court subsequently explained toral College results.143 Not until 4:15pm did Rather the appropriate standard in this pro- that a finding of ‘‘imminence’’ also hinged Mr. Trump release a pre-recorded message, ceeding is whether an offense is ‘‘incompat- upon the context and timing connecting telling supporters to go home. The video ible with either the constitutional form and speech and subsequent acts of lawbreaking. statement did not condemn the rioters’ ac- principles of our government or the proper In NAACP v. Claiborne Hardware Company, tions at the Capitol. performance of constitutional duties of the a local branch of the National Association Mr. Trump’s delay in responding to the in- presidential office.’’ 150 In addition, as I ex- for the Advancement of Colored People surrection is unsurprising, for many of the plained in Section IV, there is no defined (NAACP) organized a boycott of white-owned rioters thought they were ‘‘answer[ing] the standard of proof in an Impeachment, and stores in Mississippi.160 The boycott was call of my President.’’ 144 In a livestreamed there are no requirements to adhere to the largely supported by impassioned speeches video from inside the Capitol, one rioter de- same standards as in a criminal prosecution. encouraging nonviolent picketing—including clared that ‘‘[o]ur president wants us here. As a result, in an Impeachment trial, the by boycott organizer Charles Evers—but . . . We wait and take orders from our presi- Senate is simply not bound by a determina- some acts and threats of violence did dent.’’ 145 Another rioter claimed that she tion of whether Mr. Trump is protected by occur.161 The Court concluded, ‘‘There are ‘‘thought I was following my President. He the First Amendment, nor must the Senate three separate theories that might justify asked us to fly there, he asked us to be there, demand a showing that every element of a holding Evers liable . . . First, a finding that so I was doing what he asked us to do.’’ 146 criminal charge of incitement has been met. he authorized, directed, or ratified specific One supporter, who was later arrested for his b. Mr. Trump’s Speech Likely Satisfies the tortious activity would justify holding him actions on January 6th, stated through his Standard of Incitement responsible for the consequences of that ac- lawyer that he, ‘‘acted out of the delusional Although I have concluded that the First tivity. Second, a finding that his public belief that he was a ‘patriot’ protecting his Amendment does not necessarily serve as a speeches were likely to incite lawless action country . . . He was responding to the en- shield in this proceeding, I find it persuasive could justify holding him liable for unlawful treaties of the-then commander in chief, that the bedrock principle of free speech has conduct that in fact followed within a rea- President Trump.... The President main- a long history in our country. Therefore, I sonable period. Third, the speeches might be tained that the election had been stolen and undertook an examination of the governing taken as evidence that Evers gave other spe- it was the duty of loyal citizens to ‘stop the case precedent regarding incitement. I have cific instructions to carry out violent acts or steal.’ ’’ 147 To paraphrase the House Man- concluded that, even if the First Amendment threats.’’ 162 In the specific case of Evers’ agers, Mr. Trump sold his followers the big were to apply in this case, Mr. Trump’s over- speech, the Court concluded ‘‘In the course lie of a stolen election and then provoked all course of conduct would satisfy the of [Evers’] pleas, strong language was used. those followers to violent action to ‘‘stop the standard for incitement. If that language had been followed by acts of steal.’’ The First Amendment prohibits any law violence, a substantial question would be In his late statement on the events at the ‘‘abridging the freedom of speech.’’ 151 How- presented whether Evers could be held liable Capitol, Trump urged his followers to ever, even at our country’s founding, it is for the consequences of that unlawful con- ‘‘Please support our Capitol Police and law clear that the First Amendment was not in- duct. In this case, however the acts of vio- enforcement stay peaceful.’’ Of course, the tended to provide absolute protection for lence identified in 1966 occurred weeks or insurrection was never peaceful, and the every utterance. Of the fourteen states that months after [his] April 1, 1966, speech.’’ 163

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.034 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S932 CONGRESSIONAL RECORD — SENATE March 1, 2021 There is overwhelmingly clear and con- ees are not speaking as citizens for First the election results before the election had vincing evidence that Mr. Trump’s overall Amendment purposes, and the Constitution even gotten underway, and then filed dozens course of conduct meets the spirit of the does not insulate their communications from of lawsuits alleging widespread voter Brandenburg test. As laid out in the Clai- employer discipline.166 fraud.174 In addition, as I will outline, he borne case, a finding of ‘‘imminence’’ should In Mr. Trump’s case, it would be difficult wielded his overwhelming power as president take into account the context and timing of to argue that he gave a political speech at to cajole and intimidate members of federal, Mr. Trump’s January 6th rally speech. After the ‘‘Save America’’ rally outside the course state, and local government to start inves- months of fueling the narrative that the of performing his official duties. The purpose tigations, file lawsuits, and reject electoral election was stolen from him, Mr. Trump of the speech was to use his role as president votes in a bid to overturn the 2020 election. asked his supporters to assemble on the day to urge his supporters to stop the certifi- A. Mr. Trump Attempted to Use Federal Law that Congress would be certifying the elec- cation of Biden’s electoral win. In addition, Enforcement Agencies to Carry Out Inves- tion results. Once Mr. Trump had gathered there is evidence that members of the crowd tigations and File Lawsuits his supporters—knowing that they would lis- had taken Mr. Trump’s invocations to attend ten—he directed the crowd to ‘‘walk down the rally, and his insisting that they head to After losing the 2020 election, Mr. Trump Pennsylvania Avenue,’’ ‘‘fight like hell,’’ and the Capitol, as instructions coming from the pushed the Justice Department to inves- ‘‘stop the steal.’’ Unlike the speech in Clai- president.167 tigate his meritless allegations of election 175 borne, which was far removed in time, the Moreover, as Manager Raskin explained, a irregularities. He also pushed the Justice lawlessness was imminent because it hap- president takes an oath to uphold the laws, Department to ask the Supreme Court to in- pened a short distance and short time after the Constitution, and the principles of our validate Mr. Biden’s victory, which his ap- Mr. Trump’s speech. Unlike the indefinite republic.168 In exchange, the president is pointees refused to do, citing the lack of evi- 176 speech in Hess, Mr. Trump’s speech was di- given tremendous power and prestige—more dence. Mr. Trump even disparaged his own rected at a specific group of persons, and so than any other person in the country. FBI and DOJ, implying that they were work- subsequent acts of violence are directly That is why, in an instant, a president’s ing against him. In an interview, Mr. Trump traceable to people who had listened to Mr. words can calm, agitate, or otherwise change said, ‘‘This is total fraud. And how the F.B.I. Trump’s calls to action. the landscape on issues ranging from foreign and Department of Justice—I don’t know, On the issue of Mr. Trump’s intent, wheth- affairs, to the economy, to the rule of law. maybe they’re involved—but how people are er or not Mr. Trump specifically intended Not only can the president’s words have an allowed to get away with this stuff is unbe- every act of violence, he set these events in expansive ripple effect, they are more likely lievable. This election was a total fraud . . . motion. If Mr. Trump truly did not intend to succeed in inciting action from the public. Missing in action . . . Can’t tell you where 177 for lawbreaking, what did he expect his sup- These potent powers can be wielded by the they are.’’ porters would do once they reached the Cap- president for the good of the country, or can Succumbing to this pressure, Attorney itol? How did he expect his supporters to be exploited to subject it to the gravest General William Barr issued a memorandum lawfully achieve the aim of preventing elec- abuses. That is why—for the protection of to U.S. attorneys across the country allow- tors from being counted? From this evidence, our laws and democratic institutions—a ing them to pursue any ‘‘substantial allega- we can infer that Mr. Trump understood president’s primary obligation is to uphold tions’’ of voting irregularities before the 2020 there was a high likelihood that his sup- their oath of office, and any freedom of ex- presidential election was certified.178 The porters would break the law once they got to pression must yield to that higher duty. memorandum gave prosecutors the ability to the Capitol. In this case, Mr. Trump did not have a sidestep longstanding Justice Department Further revealing his state of mind, Mr. First Amendment right to fuel a mass policy of not taking overt steps on possible Trump did not publicly disapprove of the in- disinformation campaign, foreseeably fan election fraud before results are certified. In surrection as it was happening, or take con- the flames of political division, and then di- response, career DOJ prosecutors called on crete steps to clear the mob. The first public rect a mob to disrupt a congressional pro- Mr. Barr to rescind the memo, because it was statement he made, once the mob had ceeding. not based on fact and there was no evidence 179 breached the Capitol, was to disparage Vice VII. OBSTRUCTION OF ELECTORAL COLLEGE of widespread voter fraud. President Pence for failing to block the cer- In inciting the insurrection on January 6th After Mr. Barr stepped down as Attorney tification. Instead of acting expeditiously, it and attempting to overturn the 2020 election, General, Mr. Trump then reportedly pres- took him nearly two hours to acknowledge Mr. Trump attempted to destroy our demo- sured Barr’s successor, Acting Attorney Gen- the attack. In his three statements that day, cratic system and negate the will of the eral Jeffrey Rosen, to file legal briefs seek- 180 he repeated false claims that the election American people. ing to overturn his election loss. He want- was stolen and sympathized with his fol- The Electoral College process is laid out in ed Mr. Rosen to appoint special counsels, in- lowers. There are reports that he even called the Twelfth Amendment of the Constitution, cluding a counsel who would look into Do- a sitting Senator to ask him to object to ad- which states: minion Voting Systems—which is at the cen- ter of a right-wing conspiracy theory accus- ditional states, as the insurrection was tak- ‘‘The Electors shall meet in their respec- ing the company of conspiring with the Ven- ing place. In addition, there is no evidence tive states and vote by ballot for President ezuelan government to tip the election to- that Mr. Trump tried to activate the Na- and Vice-President, one of whom, at least ward Mr. Biden. Mr. Rosen refused the presi- tional Guard, and even rebuffed requests to . . . they shall make distinct lists of all per- dent’s entreaties. Mr. Trump then plotted do so. The question becomes how did Mr. sons voted for as President, and of all per- with Jeffrey Clark, a Trump loyalist and the Trump expect these actions—criticizing the sons voted for as Vice-President, and of the head of the DOJ’s civil division, to oust Mr. Vice President, urging additional electoral number of votes for each, which lists they Rosen as acting attorney general, and re- objections, and praising his supporters—to shall sign and certify, and transmit sealed to place him with Mr. Clark, who was willing to calm down tensions? How did he foresee that the seat of the government of the United do Mr. Trump’s bidding in trying to overturn the overwhelmed Capitol police would be States, directed to the President of the Sen- the Georgia election results. This plan was able to push back the mob without addi- ate;—the President of the Senate shall, in only unsuccessful because Mr. Trump’s advi- tional law enforcement assistance? From the presence of the Senate and House of Rep- sors convinced him the move could poten- this evidence, we can infer that Mr. Trump resentatives, open all the certificates and tially lead to mass resignations within DOJ’s was satisfied, or at least was not displeased, the votes shall then be counted[.]’’ that his actions had inflamed his supporters leadership and lead to congressional inves- Just as the Electoral College has been car- to violently disrupt the electoral certifi- tigations.181 ried out and affirmed since the first presi- cation. dential election of President George Wash- B. Mr. Trump Exerted Inappropriate Pressure c. Mr. Trump’s Speech Was Held to a Higher ington,169 the 2020 election took place accord- on State Elected Officials Standard as a Public Official ing to the requirements of the Constitution. Article II, Section 1, Clause 2 provides that It is further important to note that Mr. Voters in each respective state and territory each state shall appoint electors ‘‘in such Trump was not making statements in his ca- chose their electors to serve in the Electoral Manner as the Legislature thereof may di- pacity as a private citizen but as president of College,170 with Mr. Biden winning a major- rect.’’ 182 However, the decisions on how and the United States. In the Supreme Court ity of 306 electoral votes.171 On December 14, when to choose electors is left up to the case, Garcetti v. Ceballos, the Court held 2020, the appointed electors convened state- states. The Electoral Count Act only re- that ‘‘when a citizen enters government by-state to cast their ballots for the Presi- quires that states be required to certify their service, the citizen by necessity must accept dent and Vice President of the United elections at least six days before the electors certain limitations on his or her free- States, and certified the results.172 On Janu- meet to vote.183 After his loss on Election dom.’’ 164 In this case, the respondent was ary 6th to 7th of 2020, Congress counted the Day, Mr. Trump sought to exploit the ambig- disciplined for a memorandum he wrote as certified votes, and declared Mr. Biden and uous language of the Electoral Count Act part of his employment in a district attor- Kamala Harris the winners. 173 that gives states discretion in choosing elec- ney’s office, and asserted that his super- Throughout the Electoral College process, tors. Most state laws require the appoint- visors violated his First Amendment Mr. Trump attempted to interfere and nul- ment of electors who vote according to the rights.165 The Court concluded ‘‘We hold that lify the outcome. For example, as discussed outcome of the popular vote in each state.184 when public employees make statements in Section VII, Mr. Trump was at the head of However, Mr. Trump sought to use the pursuant to their official duties, the employ- a mass disinformation campaign to discredit weight of his office to persuade and, in some

VerDate Sep 11 2014 07:22 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.035 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S933 cases, intimidate state officials. For exam- state official had to publicly debunk the been declared the presumptive winner, Re- ple, he invited GOP members of the Michi- claims one-by-one to restore public trust in publicans were faced with a choice. Manager gan state legislature to the White House, in the integrity of their election.196 Lieu explained that Mr. Trump targeted a brazen bid to get them to throw out the C. Mr. Trump Lobbied Vice President Pence to Members of Congress on social media mak- state’s election results.185 He also called two Reject Electoral Votes ing it clear he saw their siding with him as members of the Wayne County Board of Can- Vice President Pence presided over the a loyalty test. Mr. Trump reminded Repub- vassers, including its Republican chair- January 6th certification of electoral votes. licans that he, in his view, had gotten them woman, who had already voted to certify This role is spelled out by Article II, Section elected and he expected their gratitude.210 186 that Joe Biden won their county. Within 24 1 of the Constitution, which dictates that Under these threats of retribution, Mr. hours of the call, the Republican chair- ‘‘The President of the Senate shall, in the Trump was successful in getting Republicans woman announced that she wanted to ‘‘re- presence of the Senate and House of Rep- to line up with him—in either refusing to ac- 187 scind’’ her vote. Her reasoning mirrored resentatives, open all the certificates and knowledge that Mr. Biden had won or worse, Mr. Trump’s claims that the election may the votes shall then be counted.’’ 197 In con- enabling his baseless claims of a rigged elec- have been rife with fraud. In another in- ducting this duty, the Vice President has no tion.211 stance, he called the speaker of the Pennsyl- more power than to determine whether the In early December, Mr. Trump also identi- vania House of Representatives, Bryan Cut- certificates submitted by each state are au- fied an ally in the House of Representatives ler, and inquired about the electoral process. thentic and then to count the votes.198 who was circulating a Dear Colleague letter According to Cutler’s spokesperson, Mr. In the days leading up to and on January asking Republican members to sign onto an Trump blatantly asked, ‘‘I’m hearing about 6th, Mr. Trump denied the constitutional re- amicus brief supporting a lawsuit filed by all these issues in Philadelphia, and these ality of the Vice President’s role and made it the Texas Republican Attorney General in issues with your law What can we do to fix clear that he wanted Vice President Pence to the Supreme Court to void the election re- 188 it?’’ block electoral votes for Mr. Biden. At his sults of other states.212 Mr. Trump began to Mr. Trump’s effort hit its crescendo when behest, a group of Republican lawmakers personally lobby House Republicans asking the Trump campaign convinced supporters in filed a lawsuit against Vice President Pence. them to sign the amicus brief.213 In the end, several states to create an alternate slate of The lawsuit alleged that the Twelfth Amend- one hundred and twenty six Republican electors to send for the congressional certifi- ment gave the Vice President, and not members of Congress signed on, including cation.189 The Trump campaign helped orga- states, unilateral power to determine which the House Minority Leader.214 The U.S. Su- nize alternate Electoral College meetings in among competing slates of electors may be preme Court rejected the lawsuit saying the Wisconsin, Arizona, Pennsylvania, Georgia, 199 counted. Mr. Trump’s own Justice Depart- state of Texas lacked standing to pursue the New Mexico, and Nevada.190 However, elec- ment stepped in to defend Mr. Pence, and a case.215 tion law experts dismissed the validity of federal judge tossed out the lawsuit after As an extension of Mr. Trump’ pressure these false electors, which had ‘‘neither been finding that the Republican lawmakers campaign, Republican Members of Congress certified by state executives nor purportedly 200 lacked standing to sue in this case. began to similarly view the certification of appointed by state legislators.’’ 191 Still, Mr. Trump unabashedly and repeat- the Electoral College as a loyalty test to Mr. Mr. Trump also took extra effort to influ- edly tried to coerce Vice President Pence Trump. A few days before January 6th, elev- ence the outcome of the Georgia election, a into unilaterally rejecting the election re- fierce battleground state. In early December, sults. On January 2nd, he falsely proclaimed en current and then-incoming Republican he called Governor Brian Kemp and asked over Twitter that, ‘‘The Vice President has senators announced that they would vote to him to hold a special session of the Georgia the power to reject fraudulently chosen elec- reject the Electoral College votes of some legislature to appoint Trump electors to re- tors.’’ 201 Two days later, Mr. Trump said at states as not ‘‘lawfully certified,’’ unless verse Mr. Biden’s win. Mr. Trump also want- a rally in Georgia that, ‘‘I hope Mike Pence Congress appointed a commission to conduct ed Kemp to order an audit of absentee ballot comes through for us, I have to tell you . . . an emergency, ten day audit of the election signatures. When Kemp told the former Of course, if he doesn’t come through, I results.216 One hundred and forty Republican president he would not be complying with ei- won’t like him as much.’’ 202 Trump report- Members of the House planned a similar ef- ther demand, Mr. Trump told a crowd of sup- edly met with and called Pence multiple fort.217 Together, the Senate and House porters at a Georgia rally that, ‘‘Your gov- times—plying him to object to Biden’s vic- Members planned to object to the counting ernor could stop it very easily if he knew tory, including at least one time with of electors from Arizona, Georgia, Michigan, what the hell he was doing . . . So far we threatening language.203 Trump reportedly Nevada, Pennsylvania, and Wisconsin.218 haven’t been able to find the people in Geor- solicited others in his orbit to put pressure The question is not whether these Mem- gia willing to do the right thing.’’ 192 on the Vice President, including Rudy bers had the legal right to object to electors In the most extraordinary example of his Giuliani and trade adviser Peter Navarro.204 but whether there were facts to support the inappropriate interactions with state law- Despite the enormous pressure, Mr. Pence objections. At that point, the results of the makers, Mr. Trump outright tried to coerce told Mr. Trump that he planned to certify election and lack of substantive voting irreg- Georgia Secretary of State Brad the election results for Mr. Biden.205 ularities was affirmed by dozens of judges, Raffensperger, ‘‘to find’’ 11,780 votes—which In response, Mr. Trump tweeted on the the U.S. Supreme Court, governors, and elec- would amount to the one vote margin he morning of January 6th that, ‘‘All Mike Pence tion officials.219 In addition, Department of needed to win the state.193 Mr. Trump spent has to do is send [the votes] back to the States, Homeland Security officials put out a state- roughly an hour haranguing Raffensperger AND WE WIN. Do it Mike, this is a time for ex- ment that said, ‘‘The November 3rd election and Ryan Germany, the Georgia secretary of treme courage!’’ 206 He also tweeted ‘‘If Vice was the most secure in American history.’’220 state’s general counsel, about doing another President @Mike—Pence comes through for Attorney General Barr put out a similar vote count and insisting on baseless con- us, we will win the Presidency. Many States statement that said, ‘‘[We] have not seen spiracy theories. Even when presented with want to decertify the mistake they made in fraud on a scale that could have effected a facts to the contrary by Raffensperger and certifying incorrect & even fraudulent num- different outcome in the election.’’221 In the Germany, who are both Republicans, Mr. bers in a process NOT approved by their face of all this evidence, the subsequent ob- Trump did not relent. State Legislatures (which it must be). Mike jections could be seen as little more than a 207 Mr. Trump also made veiled threats of how can send it back!’’ In his remarks at the ploy to lend specious legitimacy to Mr. his supporters would punish Republicans if ‘‘Save America’’ rally itself, Mr. Trump said, Trump’s allegations of voter fraud and avoid the Georgia election officials did not go ‘‘I hope Mike is going to do the right thing. provoking Mr. Trump’s ire. along with what he was asking. Specifically, I hope so. I hope so. Because if Mike Pence does the right thing, we win the election. E. Mr. Trump Sought to Block the Peaceful he told Raffensperger, who will be up for re- Transfer of Power election in 2022, ‘‘[T]hey hate the state, they . . . And I actually—I just spoke to Mike. I hate the governor, and they hate the sec- said: ’Mike, that doesn’t take courage. What Mr. Trump’s overall course of conduct em- retary of state. I will tell you that right now. takes courage is to do nothing. That takes bodied the exact kind of behavior that the And the only people that like you are people courage.’ ’’ 208 Framers built constitutional protections to that will never vote for you. You know that, Once the electoral vote count had begun, it thwart. The Framers knew that an executive Brad, right?’’ 194 was clear that Vice President Pence was not who amassed too much power might rep- Mr. Trump even suggested that going to comply with his demands. Mr. licate the abuses of a monarchy. At the Con- Raffensperger and Germany would face Trump attacked him on Twitter writing, stitutional Convention, James Madison ex- criminal consequences if they refused to in- ‘‘Mike Pence didn’t have the courage to do plained the risks of appointing an execu- tervene, saying ‘‘[T]he ballots are corrupt. what should have been done to protect our tive—saying ‘‘loss of capacity or corruption And you’re going to find that they are— Country and our Constitution, giving States a was more within the compass of probable which is totally illegal, it is more illegal for chance to certify a corrected set of facts, not the events, and either of them might be fatal to you than it is for them because, you know fraudulent or inaccurate ones which they were the Republic.’’222 An exchange between two what they did and you’re not reporting it. asked to previously certify. USA demands the delegates, William Richardson Davie and 209 That’s a criminal—that’s a criminal offense. truth!’’ James Wilson, highlights the importance of And you can’t let that happen. That’s a big D. Mr. Trump Encouraged Members of Congress safeguarding against a corrupt president risk to you and to Ryan, your lawyer. ’’ 195 to Deny and Overturn the Election Results that would cheat to get reelected. Davie In the end, Mr. Trump made so many false Once it was clear that Mr. Trump had no stated, ‘‘‘[i]f he be not impeachable whilst in claims about the Georgia election, a top plans of conceding, even after Mr. Biden had office, he will spare no efforts or means

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.036 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S934 CONGRESSIONAL RECORD — SENATE March 1, 2021 whatever to get himself reelected.’ [Davie] grounds. It was all unfolding on television, fice and refused to defend the Constitution considered this as an essential security for leaving little doubt that Mr. Trump saw it itself. Therefore, an Impeachment is the the good behaviour of the Executive.’’223 Wil- happening in real time. most appropriate forum to protect the integ- son concurred with Davie ‘‘in the necessity Manager Castro emphasized that Mr. rity of the presidency and the constitutional of making the Executive impeachable while Trump could have simply told the rioters to order. in office.’’224 stop and leave the Capitol.232 As I explained President’s Counsel also contend that Im- Without mechanisms to keep an out-of- in Section VII, Mr. Trump did not acknowl- peachment is unnecessary in this case be- control president in check, there was little edge the attack for nearly two hours, while cause the 2020 election was the remedy for binding him to the law. This, in part, Republican lawmakers and the people closest his conduct. Of course, when Mr. Trump in- prompted the Framers to design the system to him implored him to call off the attack. cited a mob to violent action at the U.S. of checks and balances and Congress’s Im- Instead, he tweeted out criticism of Vice Capitol, it was an attempt to delay the cer- peachment power. Another intentional hall- President Pence. When he finally acknowl- tification of the election results. This fol- mark of our democracy is the peaceful trans- edged the attack, he did not denounce the lowed months of Mr. Trump’s public refusal fer of power, which is especially important mob or rioters, but asked them to ‘‘stay to concede the election on the grounds that when an incumbent loses re-election.225 This peaceful,’’ even though it was clear that they it was stolen from him. Clearly, the election assures that an executive acquires and main- had undertaken an unlawful siege at the process is insufficient in this case because tains power only through lawful means. It Capitol. At this time, Mr. Trump still did Mr. Trump does not recognize the validity of also ensures that power is given to a presi- not ask the rioters to stop. Three and half any election outcome that does not favor dent, and taken back, according to the will hours in, he released a video reaffirming the him. of people. It began when President John same voter fraud lies, and told his sup- Failing to convict the former president Adams—defeated by his bitter political rival porters, ‘‘We love you. You’re very special.’’ would result in several constitutional perils. Thomas Jefferson—quietly left the White While Mr. Trump did tell the rioters to go First, Mr. Trump may once again run for House on the morning of the new president’s home this time, he still refused to disavow president. If re-elected, there is no reason to inauguration.226 Since then, no president has the ongoing attack or the attackers them- believe that he would feel constrained by any ever refused to accept an election result or selves. limitations. An acquittal essentially would defied the lawful processes for resolving elec- In addition to inciting the insurrection, provide him permission to commit the same toral disputes, until Mr. Trump. Mr. Trump abandoned his duties to defend abuses or worse, without fear of account- Mr. Trump, unable to accept the will of the the American people, even after the events of ability. That includes leveraging all the pow- people, categorically rejected the decision of the day turned deadly. Manager Castro noted ers of the presidency to stay in power or Americans as expressed in the 2020 election. that he did not deploy the National Guard, wage an assault on a coequal branch of gov- Even more than refusing, he repeatedly nor any other law enforcement.233 He was so ernment. Presidents must be held account- sought to undermine processes at the fed- disengaged from discussions with the Pen- able when their lust for power does violence eral, state, and local level that would ad- tagon about deploying the National Guard to bedrock principles. Disqualification from vance a peaceful transfer of power. As the that Vice President Pence had to intervene public office is the only remedy left to pre- House Managers noted, Mr. Trump tried to to help move the request forward.234 vent such behavior from Mr. Trump in the obstruct the election process through non- Taken together, Mr. Trump’s conduct was future. violent means.227 When these attempts an astonishing and willful dereliction of A failure to convict would also be a lesson failed, he directed a mob to help him wrest duty. He had sworn an oath to ‘‘faithfully to future presidents with authoritarian ten- power by launching an attack on the legisla- execute the office of President of the United dencies that they can attack our democratic tive branch. States and preserve, protect and defend the principles and institutions without con- IX. VIOLATION OF SEPARATION OF POWERS Constitution of the United States.’’235 Yet on sequence. Even beyond a ‘‘January Excep- One of the key principles rooted in our that day, he commanded his supporters to tion,’’ a future president might reason that democratic system is the separation of pow- inflict grave harm to the constitutional otherwise impeachable conduct will not be ers between the co-equal branches of govern- order, by telling them to disrupt the elec- challenged during any part of their presi- ment. This is apparent from the way the toral certification and the peaceful transfer dency. In addition to rank abuse of power, a Framers devised a system of federal govern- of power. He sat back and watched as his future president may not submit to the ment that diffuses and divides its core func- supporters took part in an attack on the gov- peaceful transfer of power and the sacred tions across the legislative, executive, and ernment institutions that he swore to de- will of the people. In terms of the legislative judicial branches. fend. Then, he entirely failed to stop or con- branch, Congress would send a message that The doctrine is rooted in a political philos- demn the widespread lawbreaking that his it is unwilling to use its own oversight pow- ophy that aims to keep the government, as a supporters took part in. As such, I find that ers functionally and effectively, and is un- whole and each branch, both limited and em- there is overwhelmingly clear and con- willing to uphold a meaningful separation of powered, so that the government can func- vincing evidence that Mr. Trump violated powers. Disqualification is the necessary tion effectively, while the branches can pre- his oath of office. method for protecting the republic from such vent one another from acting arbitrarily or XI. CONCLUSION: CONVICTION AND DISQUALIFICA- democratic decay within the executive and recklessly. As James Madison explained in TION OF MR. TRUMP IS AN APPROPRIATE REM- legislative branches. Federalist Paper Number 47, ‘‘The accumula- EDY This chapter in history reminds us that de- tion of all powers, legislative, executive, and Conviction and disqualification of a presi- mocracy is fragile and we must diligently judiciary, in the same hands, whether of one, dent from office requires a high standard and safeguard its principles. To this end, I have a few, or many, and whether hereditary, should only be arrived at when there are no a responsibility to defend the truth, the rule selfappointed, or elective, may justly be pro- other remedies available. of law, and our democratic institutions. I am nounced the very definition of tyranny.’’228 First, I would refute several assertions by compelled to vote to convict President Don- Therefore, when any one branch of govern- President’s Counsel that the Impeachment ald J. Trump of committing ‘‘high Crimes ment seeks to obstruct an essential function proceeding, and the remedies thereof, are not and Misdemeanors’’ and support his disquali- of another branch, it threatens the separa- the appropriate way to hold Mr. Trump ac- fication from ever again holding an office of tion of powers.229 In a case where a president countable for his actions. President’s Coun- public trust. seeks to derogate the authority of another sel and the Senate Minority Leader argue ENDNOTES branch, it can also undermine the president’s that the more proper forum is a criminal 1. Impeaching Donald John Trump, Presi- constitutional obligation to ‘‘take Care that proceeding because of the criminal implica- dent of the United States, for high crimes 230 the Laws be faithfully executed.’’ tions of his offenses. Taken to its logical ex- and misdemeanors, H.R. Res. 24, 117th Cong. In inciting the armed assault on the Cap- treme, their views would absurdly mean that (2021). itol on January 6th, Mr. Trump knowingly if a president’s malfeasance could be pros- 2. U.S. Const. art. I, § 3, cl. 6. and recklessly threatened a constitutional ecuted, the president should be protected 3. U.S. Const. art. II, § 4. proceeding of the Congress. In all this, Mr. from the Impeachment process. 4. U.S. Const. art III, § 3, cl. 1. Trump gravely endangered the security of In addition, Manager Raskin correctly dif- 5. Staff of H. Comm. on the Judiciary, the United States and its institutions, and ferentiated the purpose and independence of 116th Cong., Rep. on Constitutional Grounds imperiled a coequal branch of government. the Impeachment process from the prosecu- for Presidential Impeachment 14 (Comm. X. VIOLATION OF OATH OF OFFICE tion of crimes. As Manager Raskin stated, Print 2019). Manager Castro outlined the numerous ‘‘[Impeachment] was created to prevent and 6. 2 Sir William Blackstone, Commentaries ways that Mr. Trump abandoned his post as deter elected officials who swear an oath to on the Laws of England 2152 (William Carey the insurrection began, and even hours after represent America but then commit dan- Jones ed., 1976). it was underway.231 Capitol Police were over- gerous offenses against our republic.’’236 An 7. Id. at 2153. whelmed and violently assaulted by the Impeachment, unlike a criminal case, is not 8. Charles Doyle, Cong. Research Serv., 98– armed mob. Members of Congress and con- meant to punish the defendant, but to guard 882, Impeachment Grounds: A Collection of gressional staff feared for their lives, many the country and the Constitution from an Selected Materials 4 (1998). of them hiding or barricaded in offices, as unfit executive. As I have explained, by his 9. The Federalist Paper No. 65, at 439 the mob wreaked mayhem on the Capitol conduct, Mr. Trump violated his oath of of- (James Madison) (Jacob E. Cooke ed., 1961)

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.037 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S935 10. 2 The Records of the Federal Conven- ico (January 21, 2021), at 2, https:// win still stands, Politico (Nov. 20, 2020) tion of 1787 550 (Max Farrand ed., 1911). www.politico.com/f/?id=00000177-2646-de27- https://www.politico.com/news/2020/11/20/ 11. Ibid. a5f7-3fe714ac0000. michigan-gop-dc-trump-election-438690. 12. 4 The Debates in the Several State Con- 44. Id. at 1–92. 72. Staff Reports, READ THE FULL STATE- ventions on the Adoption of the Federal Con- 45. The Federalist No. 65, supra note 9, at MENT: Trump Responds to Biden Being Pro- stitution 113 (Jonathon Elliot ed., 2nd ed. 456. jected as Winner, NBC Boston (Nov. 7, 2020), 1861). 46. Senate Historical Office, ‘‘The First Im- https://www.nbcboston.com/news/local/read- 13. Michael J. Gerhardt, The Federal Im- peachment’’, United States Senate, https:// the-full-statement-president-trump- peachment Process: A Constitutional and www.senate.gov/artandhistory/history/ responds-to-biden-being-projected-as-winner/ Historical Analysis 21 (3rd ed. The Univer- minute/The-First-Impeachment.htm. 2225599/. sity of Chicago Press 2019) (1996). 47. Ibid. 73. Aamer Madhani & Kevin Freking, In 14. 2 Joseph Story, Commentaries on the 48. Kalt & Bowman, supra note 38. video, Trump spreads baseless claims about Constitutions 799 at 269–70 quoting William 49. Ibid. voter fraud, PBS News (Dec. 2, 2020), https:// Rawle, A View of the Constitution of the 50. Raskin et al, supra note 35, at 73–74. www.pbs.org/newshour/politics/in-video- United States at 213 (2d ed. 1829). 51. Raskin et al, supra note 35, at 74. trump-spreads-baseless-claims-about-voter- 52. Kalt & Bowman, supra note 38. 15. Staff of H. Comm. on the Judiciary, fraud. 53. Michael J. Gerhardt, The Federal Im- 93rd Cong., Rep. on Constitutional Grounds 74. Philip Rucker, Trump escalates baseless peachment Process: A Constitutional and for Presidential Impeachment 27 (Comm. attacks on election with 46–minute video rant, Historical Analyses 80, (Henry Barton Daw- Print 1974). Wash. Post (Dec. 2, 2020), https:// son ed., U. of Chicago Press, 2000). 16. 2 The Records of the Federal Conven- www.washingtonpost.com/politics/trump- 54. U.S. Const. art. I, § 3, cl. 6. tion of 1787, supra note 10, at 64–65. election-video/2020/12/02/f6c8d63c-34e8-11eb- 17. Id. at 550 55. The Federalist No. 65, supra note 9, at 441. a997-1f4c53d2a747—story.html. 18. Ibid. 75. Aamer Madhani & Kevin Freking, In 19. Ibid. 56. Siobhan Hughes, McConnell Won’t Con- vene Senate Early to Accept Impeachment Arti- video, Trump spreads baseless claims about 20. Ibid. voter fraud, PBS News (Dec. 2, 2020), https:// 21. Id. at 551. cle, Wall St. J. (Jan. 13, 2021), https:// www.pbs.org/newshour/politics/in-video- 22. Id. at 600. www.wsj.com/livecoverage/trump-impeach- trump-spreads-baseless-claims-about-voter- 23. U.S. Const. art. I, § 3, cl. 7. ment-house-biden/card/ 24. 1 The Collected Works of James Wilson lQqlkwh7BOCRLaSGrkig. fraud. 76. James Crowley, Trump Attacks FBI, 736 (Kermit L. Hall and Mark David Hall 57. 167 Cong. Rec. S662 (daily ed. Feb. 11, DOJ, Supreme Court and GOP Senators in Twit- eds., 2007). 2021) (statement of Mr. Manager Lieu), 25. Memorandum from William Barr, At- https://www.congress.gov/117/crec/2021/02/11/ ter Tirade, Newsweek (Dec. 26, 2020), https:// torney General, Department of Justice, to CREC-2021-02-11-pt1-PgS645-2.pdf. www.newsweek.com/trump-attacks-doj-fbi- Rod Rosenstein, Deputy Attorney General, 58. Kavin Collier, Selfies, social media posts supreme-court-gop-senators-mitch-mccon- Department of Justice, and Steve Engel, As- making it easier for FBI to track down Capitol nell-twitter–1557376. 77. Alana Wise, Despite Clear Defeat, Trump sistant Attorney General, Department of riot suspects, NBC (Jan. 16, 2021), https:// Vows To Fight On, Continues Disinformation In Justice 12 (June 8, 2018) (on file with the New www.nbcnews.com/tech/social-media/selfies- Georgia, NPR (Jan. 4, 2021), https:// York Times) (emphasis in original). social-media-posts-making-it-easier-fbi- 26. 2 The Records of the Federal Conven- track-down-n1254522 www.npr.org/2021/01/04/953436607/despite-clear- tion of 1787, supra note 10, at 65–66. 59. Bryce Klehm & Rohini Kurup, Compiling defeat-trump-vows-to-fight-on-continues- 27. Charles L. Black, Jr. & Philip Bobbit, the Criminal Charges Following the Capitol disinformation-in-georgia. Impeachment: A Handbook, New Edition 17 Riot, Lawfare (Jan. 6, 2021), https:// 78. Ariane de Vogue & Paul LeBlanc, Trump (2018). www.lawfareblog.com/compiling-criminal- asks Supreme Court to invalidate millions of 28. The Federalist No. 65, supra note 9, at charges-following-capitol-riot. votes in battleground states, CNN (Dec. 10, 441; Laurence Tribe & Joshua Matz, To End 60. Salvador Rizzo, Trump attorneys falsely 2020), https://www.cnn.com/2020/12/09/politics/ a Presidency: The Power of Impeachment 127 claim he was denied due process’, Wash. Post trump-supreme-court/index.html. (2018). (Feb. 13, 2021), https:// 79. William Cummings et al, By the num- 29. The Federalist No. 65, supra note 9, at www.washingtonpost.com/politics/2021/02/13/ bers: President Donald Trump’s failed efforts to 441. trump-attorneys-falsely-claim-he-was- overturn the election, USA Today (Jan. 6, 30. Id. at 442. denied-due-process/ 2021), https://www.usatoday.com/in-depth/ 31. Black & Bobbitt, supra note 27. 61. Jared P. Cole, Terrorist Databases and news/politics/elections/2021/01/06/trumps- 32. Ibid. (Black’s analysis is cited by sev- the No Fly List: Procedural Due Process and failed-efforts-overturn-election-numbers/ eral other scholars as persuasive; See e.g., Other Legal Issues, CRS (July 27, 2016), https:// 4130307001/. Laurence Tribe and Joshua Matz, To End a www.crs.gov/Reports/R43730? 80. Ibid. Presidency: The Power of Impeachment 137 source=search&guid=2a367adacc304370874da 81. It’s Official: The Election Was Secure, (2018). 997e155d437&index=0#_Toc530390992. Brennan Ctr. for Justice (Dec. 11, 2020), 33. Bruce L. Castor Jr. et al, Trump’s An- 62. Incitement, Black’s Law Dictionary (10th https://www.brennancenter.org/our-work/re- swer to Article of Impeachment, (Feb. 2, 2021) at ed. 2014). search-reports/its-official-election-was-se- 1, https://www.cnn.com/2021/02/02/politics/ 63. Ibid. cure. trump-response-impeachment-article/ 64. Nicholas Fandos et al, 144 Constitutional 82. GCC et al, Joint Statement from Elections index.html. Lawyers Call Trump’s First Amendment Defense Infrastructure Government Coordinating Coun- 34. Castor Jr. et al, supra note 33, at 1–2. ‘Legally Frivolous’, N.Y. Times (Feb. 5, 2021), cil & the Election Infrastructure Sector Coordi- 35. Jamie Raskin et al, Trial Memorandum https://www.nytimes.com/2021/02/05/us/ nating Executive Committees, CISA (Nov. 12, of the United States House of Representatives I. politics/trump-impeachment-defense.html 2020), https://www.cisa.gov/news/2020/11/12/ the Impeachment Trial of President Donald J. 65. U.S. Const. art. II, § 1, cl. 8. joint-statement-elections-infrastructure- Trump, House Judiciary Com. 48 (Feb. 2, 66. See 77 C.J.S. Riot § 36. government-coordinating-council-election. 2021), https://judiciary.house.gov/news/ 67. Eugene Kiely et al, The President’s 83. https://abcnews.go.com/Politics/trump- documentsingle.aspx?DocumentID=3515. Trumped-Up Claims of Voter Fraud, pressure-pence-reject-bidens-win-congress- 36. Jared P. Cole & Todd Garvey, FactCheck.org (Jul. 30, 2020), https:// wednesday/story?id=75057551. Impeachment and the Constitution, CRS (Nov. www.factcheck.org/2020/07/the-presidents- 84. Colby Itkowitz, ‘Liberate’: Trump tweets 20, 2019), https://crsreports.congress.gov/prod- trumped-up-claims-of-voter-fraud/. support of protests against stay-at-home orders, uct/pdf/R/R46013. 68. C-SPAN, President Trump Remarks in Wash. Post (Apr. 17, 2020), https:// 37. The Federalist No. 65, supra note 9, at Oshkosh, Wisconsin, (Aug. 17, 2020), https:// www.washingtonpost.com/politics/2020/04/17/ 397. www.c-span.org/video/?474841-1/president- liberate-trump-tweets-support-protesting- 38. Raskin et al, supra note 35, at 51. trump-give-acceptance-speech-white-house- against-stay-at-home-orders/. 39. Brian C. Kalt & Frank Bowman, Con- week 85. Rebecca Boone, Armed statehouse pro- gress Can Impeach Trump Now and Convict Him 69. Paul LeBlanc & Jason Hoffman, Trump tests set tone for US Capitol insurgents, Associ- When He’s Gone, Wash. Post (Jan 11, 2021), again casts doubt on whether he’ll accept elec- ated Press (Jan. 7, 2021), https://apnews.com/ https://www.washingtonpost.com/outlook/ tion result in latest unfounded attack on voting article/election–2020–coronavirus-pandemic- 2021/01/11/trump-impeachment-senate-trial/. process, CNN (Sept. 24, 2020), https:// oregon-elections-idaho– 40. Ibid. www.cnn.com/2020/09/24/politics/trump-2020- 688fc8894f44992487bb6ee45e9abd77. 41. Brian C. Kalt, ‘‘The Constitutional Case election-ballots/index.html. 86. John Flesher, 6 men indicted in alleged for the Impeachability of Former Federal Of- 70. Sanya Mansoor, ‘I Have to See.’ Mr. plot to kidnap Michigan governor, A.P. (Dec. ficials: An Analysis of the Law, History, and Trump Refuses to Say If He Will Accept the 2020 17, 2020), https://apnews.com/article/gretchen- Practice of Late Impeachment’’, 6 Texas Re- Election Results’, TIME (Jul. 19, 2020), https:// whitmer-michigan-indictments-coronavirus- view of Law and Politics 13, 26 (2001). time.com/5868739/trump-election-results- pandemic-traverse-city– 42. Kalt, supra note 40, at 29. chris-wallace/ 10f7e02c57004da9843f89650edd4510. 43. Mark Aaronson et al, Constitutional Law 71. Nick Niedzwiadek et al, After Trump 87. 13 On Your Side Staff, Mr. Trump re- Scholars on Impeaching Former Officers, Polit- meeting, Michigan GOP leaders say Biden’s sponds after failed Gov. Whitmer kidnap plot, 12

VerDate Sep 11 2014 06:35 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.038 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S936 CONGRESSIONAL RECORD — SENATE March 1, 2021 News (Oct 8, 2020), https:// (Feb. 10, 2021), https:// police-at-the-capitol/articleshow/ www.12newsnow.com/article/news/health/ www.washingtonpost.com/politics/2021/02/10/ 80225478.cms; Peter Hermann, ‘We Got to Hold coronavirus/president-trump-responds-after- when-did-jan-6-rally-become-march-capitol/ This Door’, Wash. Post (Jan. 14, 2021), https:// failed-gov-whitmer-kidnap-plot/69-3a86c917- 103. 167 Cong. Rec. S629 (daily ed. Feb. 10, www.washingtonpost.com/dc-md-va/2021/01/14/ 343a-431b-91b1-df5e72726a96. 2021) (statement of Ms. Manager Plaskett), dc-police-capitol-riot/?arc404=true. Luke 88. Katie Shepherd, Trump cheers supporters https://www.congress.gov/117/crec/2021/02/10/ Mogelson, New Yorker, Among the Insurrec- who swarmed a Biden bus in Texas: ‘These pa- CREC-2021-02-10-pt1-PgS615-4.pdf tionists, The New Yorker (Jan. 15, 2021), triots did nothing wrong’, Wash. Post (Nov. 2, 104. Women For Trump, Meet the Advisory https://www.newyorker.com/magazine/2021/01/ 2020), https://www.washingtonpost.com/na- Board, https://women.donaldjtrump.com/ 25/among-the-insurrectionists. tion/2020/11/02/trump-caravan-biden-bus/. 105. 167 Cong. Rec. S630 (daily ed. Feb. 10, 120. Officer Christopher Frank Affidavit, at 89. Matthew Schwartz, Trump Speaks Fond- 2021) (statement of Ms. Manager Plaskett), 1 (Jan. 6, 2021), https://perma.cc/YN87-BDKH; ly Of Supporters Surrounding Biden Bus In https://www.congress.gov/117/crec/2021/02/10/ Officer Alexandria Sims Affidavit, at 1 (Jan. Texas, NPR (Nov. 1, 2020), https:// CREC-2021-02-10-pt1-PgS615-4.pdf (page S630) 7, 2021), https://perma.cc/392C-CGPC; Special www.npr.org/2020/11/01/930083915/trump- 106. Greg Miller et al, A mob insurrection Agent Lawrence Anyaso Affidavit, at 1 (Jan. speaks-fondly-of-supporters-protecting- stoked by false claims of election fraud and 7, 2021), https://perma.cc/M3GZ-WSVM; Luke biden-bus-in-texas. promises of violent restoration, Wash. Post Mogelson, New Yorker, Among the Insurrec- 90. Stephen Fowler, ‘Someone’s Going To Get (Jan. 9, 2021), https:// tionists, The New Yorker (Jan. 15, 2021), Killed’: Ga. Official Blasts GOP Silence On www.washingtonpost.com/national-security/ https://www.newyorker.com/magazine/2021/01/ Election Threats, NPR (Dec. 1, 2020), https:// trump-capitol-mob-attack-origins/2021/01/09/ 25/among-the-insurrectionists. www.npr.org/sections/biden-transition-up- 0cb2cf5e-51d4-11eb-83e3-322644d82356- 121. Julia Jacobo, A visual timeline on how dates/2020/12/01/940961602/someones-going-to- story.html. the attack on Capitol Hill unfolded, ABC News get-killed-ga-official-blasts-gop-silence-on- 107. 167 Cong. Rec. S623 (daily ed. Feb. 10, (Jan. 10, 2021), https://abcnews.go.com/US/vis- election-threats. 2021) (statement of Mr. Manager Swallwell), ual-timeline-attack-capitol-hill-unfolded/ 91. Melissa Quinn, ‘‘Stand back and stand https://www.congress.gov/117/crec/2021/02/10/ story?id=75112066. by’’: Trump declines to condemn white suprema- CREC-2021-02-10-pt1-PgS615-4.pdf. 122. Ibid. cists at debate, CBS News (Sep, 30, 2020), 108. Bill Bostock, Videos show Trump pro- 123. Ibid. https://www.cbsnews.com/news/proud-boys- testers chanting ‘count those votes’ and ‘stop 124. 4 Lauren Leatherby & Anjali Singhvi, stand-back-and-stand-by-trump-refuses-to- the count’ outside separate ballot-counting sites Critical Moments in the Capitol Siege, N.Y. condemn-white-supremacists/. in Arizona and Michigan, Bus. Insider (Nov. 5, Times (Jan. 15, 2021), https:// 92. Sheera Frenkel & Annie Karni, Proud 2020), https://www.businessinsider.com/vid- www.nytimes.com/interactive/2021/01/15/us/ Boys celebrate Trump’s ‘stand by’ remark about eos-trump-protesters-michigan-arizona-vote- trump-capitol-riot-timeline.html. them at the debate, N.Y. Times (Sept. 29, 2020), count-2020-11 125. Ashley Parker et al., How the Rioters https://www.nytimes.com/2020/09/29/us/trump- 109. Jason Slotkin et al, 4 Stabbed, 33 Ar- Who Stormed the Capitol Came Dangerously proud-boys-biden.html. rested After Trump Supporters, Counterpro- Close to Pence, Wash. Post (Jan. 15, 2021), 93. Ben Collins & Brandy Zadrozny, Proud testers Clash In D.C., NPR (Dec. 12, 2020), https://www.washingtonpost.com/politics/ Boys celebrate after Trump’s debate callout, https://www.npr.org/2020/12/12/945825924/trump- pence-rioters-capitol-attack/2021/01/15/ NBC News (Sep. 30, 2020), https:// supporters-arrive-in-washington-once-again- ab62e434-567c-11eb-a08b- www.nbcnews.com/tech/tech-news/proud- for-a-million-maga-march. f1381ef3d207_story.html. boys-celebrate-after-trump-s-debate-call- 110. Atlantic Council’s DFRLab, 126. Rebecca Tan, A Black Officer Faced out-n1241512. #StopTheSteal: Timeline of Social Media and Down a Mostly White Mob at the Capitol. Meet 94. Alex Kaplan, Trump has repeatedly am- Extremist Activities Leading to 1/6 Insurrection, Eugene Goodman, Wash. Post (Jan. 14, 2021), plified QAnon Twitter accounts. The FBI has Just Security (Feb. 10, 2021), https:// https://www.washingtonpost.com/local/pub- linked the conspiracy theory to domestic terror, www.justsecurity.org/74622/stopthesteal- lic-safety/goodman-capitol-police-video/2021/ Media Matters (Jan. 11, 2021), https:// timeline-of-social-media-and-extremist-ac- 01/13/08ab3eb6-546b-11eb-a931- www.mediamatters.org/twitter/fbi-calls- tivities-leading-to-1-6-insurrection/ 5b162d0d033d_story.html. qanon-domestic-terror-threat-trump-has-am- 111. Pilar Melendez, ‘Trump Is Calling Us to 127. Marc Fisher et al., The Four-Hour In- plified-qanon-supporters-twitter-more–20. Fight!’: Georgia Teen Charged in Capitol surrection, Wash. Post (Jan. 7, 2021), https:// 95. Axios, Trump praises Anon supporters: ‘‘I Riots, Daily Beast (Feb. 8 2021), https:// www.washingtonpost.com/podcasts/post-re- understand they like me very much’’, Axios money.yahoo.com/trump-calling-us-fight- ports/four-hours-of-insurrection/; Lauren (Aug. 20, 2020), https://www.axios.com/trump- georgia-232147165.html. Leatherby et al., How a Presidential Rally praises-qanon-supporters-i-understand-they- 112. Dan Barry et al, ‘Our President Wants Turned Into a Capitol Rampage, N.Y. Times like-me-very-much–42146fb3–bd69–4943–8e80– Us Here’: The Mob That Stormed the Capitol, (Jan. 12, 2021), https://www.nytimes.com/ 2f0bcf4b0b17.html. N.Y. Times (Feb. 5, 2021), https:// interactive/2021/01/12/us/capitol-mob- 96. Philip Bump, Rather than condemn the www.nytimes.com/2021/01/09/us/capitol-riot- timeline.html. QAnon conspiracy theory, Trump elevates its ers.html 128. Julia Jacobo, A visual timeline on how dangerous central assertion, Wash. Post (Oct. 113. Alan Feurer & Nicole Hong, ‘I An- the attack on Capitol Hill unfolded, ABC News 15, 2020), https://www.washingtonpost.com/ swered the Call of My President’: Rioters (Jan. 10, 2021), https://abcnews.go.com/US/vis- politics/2020/10/15/rather-than-condemn- Say Trump Urged Them On, N.Y. Times ual-timeline-attack-capitol-hill-unfolded/ qanon-conspiracy-theory-trump-elevates-its- (Jan. 17, 2021), https://www.nytimes.com/2021/ story?id=75112066. dangerous-central-assertion/. 01/17/nyregion/protesters-blaming-trump-par- 129. Marc Fisher et al., The Four-Hour In- 97. Dan Barry & Sheera Frenkel, ‘‘Be There. don.html. surrection, Wash. Post (Jan. 7, 2021), https:// Will Be Wild!’: Trump All but Circled the Date, 114. Aaron Blake, What Trump said before www.washingtonpost.com/podcasts/post-re- N.Y. Times (Jan. 6, 2021), https:// his supporters stormed the Capitol, annotated, ports/four-hours-of-insurrection/. www.nytimes.com/2021/01/06/us/politics/cap- Wash. Post (Jan. 11, 2021), Trump’s speech be- 130. Ibid. itol-mob-trump-supporters.html. fore rioters stormed the Capitol, annotated— 131. Ellen Barry et al, Woman Killed in Cap- 98. Donald Trump, See you in Washington, Washington Post itol Embraced Trump and QAnon, N.Y. Times DC, on January 6th. Don’t miss it. Information 115. Ibid. (Jan. 7, 2021), https://www.nytimes.com/2021/ to follow!, Facebook (Dec. 27, 2020), https:// 116. Julia Jacobo, A visual timeline on how 01/07/us/who-was-ashli-babbitt.html. m.facebook.com/DonaldTrump/posts/see-you- the attack on Capitol Hill unfolded, ABC News 132. 6 Rep. Dan Killdee (@RepDanKildee), in-washington-dc-on-january-6th-dont-miss- (Jan. 10, 2021), https://abcnews.go.com/US/vis- Twitter (Jan. 6, 2021, 2:52 PM), https://twit- it-information-to-follow/10166040173540725/. ual-timeline-attack-capitol-hill-unfolded/ ter.com/RepDanKildee/status/ 99. Dan Barry & Sheera Frenkel, ‘‘Be There. story?id=75112066. 1346907565482004495; Rose Minutaglio, Rep. Will Be Wild!’: Trump All but Circled the Date, 117. Ibid. Susan Wild On The ‘Sheer Panic’ She Felt In N.Y. Times (Jan. 6, 2021), https:// 118. Jamie Raskin et al, Trial Memorandum That Viral Photo, Elle (Jan. 7, 2021), https:// www.nytimes.com/2021/01/06/us/politics/cap- of the United States House of Representatives In newsopener.com/fashion/rep-susan-wild-on- itol-mob-trump-supporters.html. the Impeachment Trial of President Donald J. the-sheer-panic-she-felt-in-that-viral-photo/; 100. @realdonaldtrump, I will be speaking at Trump, House Judiciary Com. (Feb. 2, 2021), CBS News, Video Shows Members of Congress the SAVE AMERICA RALLY tomorrow on the at 22, https://judiciary.house.gov/ Taking Cover in House Gallery, (Jan. 6, 2021), Ellipse at 11 AM Eastern. Arrive early—doors uploadedfiles/house—trial—brief—final.pdf, https://ft.cbsnews.com/video/video-shows- open at 7 AM Eastern. BIG CROWDS!, Taken from Marc Fisher et al., The Four- members-of-congress-taking-cover-in-house- Instagram (Jan. 5, 2020), https:// Hour Insurrection, Wash. Post (Jan. 7, 2021), gallery-cbsnews-special-report-2021-01-06/. www.instagram.com/p/CJrjQ79sY3Q/?hl=en https://www.washingtonpost.com/graphics/ 133. Haley Britzky, This Army Ranger- 101. 167 Cong. Rec. S629 (daily ed. Feb. 10, 2021/politics/trump-insurrection-capitol/. turned-Congressman was last out of the House 2021) (statement of Ms. Manager Plaskett), 119. Evan Hill et al., They Got a Officer!’: chamber during the Capitol riots, Task and https://www.congress.gov/117/crec/2021/02/10/ How a Mob Dragged and Beat Police at the Purpose (Jan. 7, 2021), https:// CREC-2021-02-10-pt1-PgS615-4.pdf Capitol, N.Y. Times (Jan. 11, 2021), https:// taskandpurpose.com/news/jason-crow-army- 102. Philip Bump, When did the Jan. 6 rally timesofindia.indiatimes.com/world/us/they- ranger-capitol-riots/. become a march to the Capitol?, Wash. Post got-a-officer-how-a-mob-dragged-and-beat- 134. Ibid.

VerDate Sep 11 2014 07:45 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.040 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S937 135. CBS News, Video shows members of Con- https://crsreports.congress.gov/product/pdf/ ments/20403358-william-barr-election-memo- gress taking cover in House gallery, CBS (Jan. IF/IF11072. november-9. 6, 2021), https://www.cbsnews.com/video/ 154. Brandenburg v. Ohio, 395 U.S. 444 179. Katie Benner & Adam Goldman, Fed- video-shows-members-of-congress-taking- (1969). eral Prosecutors Push Back on Barr Memo on cover-in-house-gallery-cbsnews-special-re- 155. Ibid. Voter Fraud Claims, CNN (Nov. 13, 2020), port-2021-01-06/. 156. Ibid. https://www.nytimes.com/2020/11/13/us/poli- 136. Julia Jacobo, A visual timeline on how 157. Hess v. Indiana, 414 U.S. 105, 110 (1973). tics/justice-department-voter-fraud.html. the attack on Capitol Hill unfolded, ABC News 158. Id. at 107. 180. Kate Benner, Trump and Justice Dept. (Jan. 10, 2021), https://abcnews.go.com/US/vis- 159. Id. at 108–109. Lawyer Said to Have Plotted to Oust Acting At- ual-timeline-attack-capitol-hill-unfolded/ 160. NAACP v. Claiborne Hardware Co., 458 torney General, N.Y. Times (Jan. 22, 2021), story?id=75112066. U.S. 886 (1982). https://www.nytimes.com/2021/01/22/us/poli- 137. 2 David K. Li & Ali Gostanian, Georgia 161. Id. at 886. tics/jeffrey-clark-trump-justice-department- Lawyer Said He Kicked in Pelosi’s Door, She 162. Id. at 927. election.html. Could’ve Been ‘Torn into Little Pieces’, NBC 163. Id. at 928. 181. Ibid. 164. Garcetti v. Ceballos, 547 U.S. 410, 419 182. U.S. Const. art. II, § 1, cl. 2. News (Jan. 19, 2021), https:// 183. Electoral Count Act, Pub.L. 49–90. www.nbcnews.com/news/us-news/georgia-law- (2006). 165. Cornell Law, GARCETTI v. CEBALLOS 184. NCSL, The Electoral College, (Nov. 11, yer-said-he-kicked-pelosi-s-door-she-could- 2020), https://www.ncsl.org/research/elections- n1254756. (No. 04–473), Legal Inf. Inst. (May 30, 2006), https://www.law.cornell.edu/supct/html/04- and-campaigns/the-electoral-college.aspx. 138. Ashley Parker et al., How the Rioters 185. Peter Alexander et al, Trump invites 473.ZS.html. Who Stormed the Capitol Came Dangerously Michigan GOP lawmakers to White House after 166. Ibid. Close to Pence, Wash. Post (Jan. 15, 2021), calling officials in key county, NBC News (Nov. 167. Rosalind S. Helderman et al, ‘Trump https://www.washingtonpost.com/politics/ 19, 2020), https://www.nbcnews.com/politics/ said to do so’: Accounts of rioters who say the pence-rioters-capitol-attack/2021/01/15/ 2020-election/trump-called-michigan-repub- president spurred them to rush the Capitol could ab62e434-567c-11eb-a08b- licans-they-sought-rescind-their-certifi- be pivotal testimony, Wash. Post (Jan. 16, f1381ef3d207_story.html. cation-votes-n1248254. 139. Peter Baker et al., Pence Reached His 2021), https://www.washingtonpost.com/poli- 186. Nick Niedzwiadek et al, After Trump Limit with Trump. It Wasn’t Pretty, N.Y. tics/trump-rioters-testimony/2021/01/16/ meeting, Michigan GOP leaders say Biden’s win Times (Jan. 12, 2021). 01b3d5c6-575b-11eb-a931- still stands, Politico (Nov. 20, 2020) https:// _ 140. Lauren Leatherby et al., How a Presi- 5b162d0d033d story.html. www.politico.com/news/2020/11/20/michigan- dential Rally Turned Into a Capitol Rampage, 168. 167 Cong. Rec. S659 (daily ed. Feb. 11, gop-dc-trump-election-438690; & Ursula N.Y. Times (Jan. 12, 2021), https:// 2021) (statement of Mr. Manager Raskin), Perano, Trump called Michigan Republican www.nytimes.com/interactive/2021/01/12/us/ https://www.congress.gov/117/crec/2021/02/11/ who wanted to flip vote on Wayne County elec- capitol-mob-timeline.html. CREC-2021-02-11-pt1-PgS645-2.pdf. tion certification, Axios (Nov. 19, 2020), https:// 141. Maggie Haberman & Jonathan Martin, 169. Washington Papers, The Electoral Count www.axios.com/trump-called-wayne-county- After the Speech: What Trump Did as the Cap- for the Presidential Election of 1789, University republican-michigan-vote-ff545fb1-657a-4016- itol Was Attacked, N.Y. Times (Feb. 13, 2021), of Virginia, (https://washingtonpapers.org/re- 939d-015e5289e894.html. https://www.nytimes.com/2021/02/13/us/poli- sources/articles/the-electoral-count-for-the- 187. Anita Kumar & Gabby Orr, Inside tics/trump-capitol-riot.html. presidential-election-of-1789/. Trump’s pressure campaign to overturn the elec- 142. Lexi Lonas, Sasse says Trump was ‘de- 170. National Archives, 2020 Electoral Col- tion, Politico (Dec. 21, 2020), https:// lighted’ and ‘excited’ by reports of Capitol, The lege Results, National Archives and Records www.politico.com/news/2020/12/21/trump-pres- Hill (Jan. 8, 2021), https://thehill.com/ Administration (2020), https:// sure-campaign-overturn-election-449486. homenews/senate/533403-sasse-says-trump- www.archives.gov/electoral-college/2020. 188. Amy Gardner et al, Trump asks Penn- was-delighted-and-excited-by-reports-of-cap- 171. Mark Sherman, Associated Press, sylvania House speaker for help overturning itol-riot. Biden clears Electoral College 270-vote threshold election results, personally intervening in a 143. Sunlen Serfaty et al, As riot raged at to become president, PBS News (Dec. 14, 2020), third state, Wash. Post (Dec. 8, 2020), https:// Capitol, Trump tried to call senators to overturn https://www.pbs.org/newshour/politics/biden- www.washingtonpost.com/politics/trump- election, CNN (Jan. 8, 2021), https:// clears-electoral-college-270-vote-threshold- pennsylvania-speaker-call/2020/12/07/d65fe8c4- www.cnn.com/2021/01/08/politics/mike-lee- to-become-president. 38bf-11eb-98c4-25dc9f4987e8_story.html. tommy-tuberville-trump-misdialed-capitol- 172. Ibid. 189. Alison Durkee, Trump Campaign Assem- riot/index.html. 173. John Wagner et al, Pence declares Biden bling Alternate Electors in Key States in Far- 144. Judge G. Michael Harvey, Special Agent winner of the presidential election after Con- Fetched Attempt to Overturn Election, Forbes James Soltes Affidavit, (Jan. 8, 2021), at 3 gress finally counts electoral votes, Wash. Post (Dec. 14, 2020), https://www.forbes.com/sites/ https://www.justice.gov/usao-dc/case-multi- (Jan. 7, 2021), https:// alisondurkee/2020/12/14/trump-campaign-as- defendant/file/1364486/download; Alan Feurer www.washingtonpost.com/politics/2021/01/06/ sembling-alternate-electors-in-key-states-in- & Nicole Hong, ‘I Answered the Call of My congress-electoral-college-vote-live-updates/. far-fetched-attempt-to-overturn-election/ President’: Rioters Say Trump Urged Them 174. William Cummings et al, By the num- ?sh=66a9659b3213. On, N.Y. Times (Jan. 17, 2021), https:// bers: President Donald Trump’s failed efforts to 190. Deanna Paul, Republican Electors Cast www.nytimes.com/2021/01/17/nyregion/pro- overturn the election, USA Today (Jan. 6, Unofficial Ballots, Setting Up Congressional Wall St. J. (Dec. 28, 2020), https:// testers-blaming-trump-pardon.html. 2021), https://www.usatoday.com/in-depth/ Clash, 145. Dan Barry et al., ‘Our President Wants news/politics/elections/2021/01/06/trumps- www.wsj.com/articles/republican-electors- Us Here’: The Mob That Stormed the Cap- failed-efforts-overturn-election-numbers/ cast-unofficial-ballots-setting-up-congres- sional-clash-11609164000. itol, N.Y. Times (Jan. 9, 2021), https:// 4130307001/. 191. Rick Hasen, Trump Campaign Planning www.nytimes.com/2021/01/09/us/capitol-riot- 175. Matt Zapotosky & Devlin Barrett, Barr on Sending Alternative Slate of Electors to Con- ers.html. clears Justice Dept. to investigate alleged voting gress, Per Stephen Miller. It Won’t Matter to the 146. David Begnaud (@DavidBegnaud), irregularities as Trump makes unfounded fraud Outcome. Election Law Blog (Dec. 14, 2020), Twitter (Jan. 15, 2021, 8:30 PM) https://twit- claims, Wash. Post (Nov. 9, 2020), https:// www.washingtonpost.com/national-security/ https://electionlawblog.org/?p=119632. ter.com/DavidBegnaud/status/ 192. Anita Kumar & Gabby Orr, Inside trump-voting-fraud-william-barr-justice-de- 1350254179218911232. Trump’s pressure campaign to overturn the elec- partment/2020/11/09/d57dbe98-22e6-11eb-8672- 147. Kyle Cheney & Josh Gerstein, Judge or- tion, Politico (Dec. 21, 2020), https:// c281c7a2c96e_story.html. ders Proud Boy charged in Capitol riot held www.politico.com/news/2020/12/21/trump-pres- 176. Jess Bravin & Sadie Gurman, Trump without bond, Politico (Feb. 10, 2021), https:// sure-campaign-overturn-election-449486. www.politico.com/news/2021/02/10/proud-boy- Pressed Justice Department to Go Directly to 193. Amy Gardner, ‘I just want to find 11,780 insurrection-trump-468353. Supreme Court to Overturn Election Results, votes’: In extraordinary hour-long call, Trump 148. Shelly Tan et al., How One of America’s W.S. Journal (Jan. 23, 2021), https:// pressures Georgia secretary of state to recal- Ugliest Days Unraveled Inside and Outside the www.wsj.com/articles/trump-pressed-to- culate the vote in his favor, Wash. Post (Jan. Capitol, Wash. Post (Jan. 9, 2021), https:// change-justice-department-leadership-to- 3, 2021), https://www.washingtonpost.com/pol- www.washingtonpost.com/nation/interactive/ boost-his-voter-fraud-claims-11611434369. itics/trump-raffensperger-call-georgia-vote/ 2021/capitol-insurrection-visual-timeline/. 177. Michael Crowley et al, In his first one- 2021/01/03/d45acb92-4dc4-11eb-bda4- 149. Ibid. on-one interview since losing to Biden, Trump 615aaefd0555_story.html. 150. Staff of H. Comm. on the Judiciary, baselessly cast more conspiracy theories, N.Y. 194. The New York Times, Transcript: Mr. 93rd Cong., Rep. on Constitutional Grounds Times (Dec. 23, 2020), https:// Trump’s Phone Call With Georgia Election Offi- for Presidential Impeachment 27 (Comm. www.nytimes.com/live/2020/11/29/us/joe-biden- cials, N.Y. Times (Jan. 3, 2021), https:// Print 1974). trump#in-his-first-one-on-one-interview- www.nytimes.com/2021/01/03/us/politics/ 151. U.S. Const. amend. I. since-losing-to-biden-trump-baselessly-cast- trump-raffensperger-georgia-call-tran- 152. Roth v. United States, 354 U.S. 476, 482 more-conspiracy-theories. script.html. (1957). 178. Kadhim Shubber, William Barr Election 195. Ibid. 153. Victoria L. Killion, The First Amend- Memo—November 9, Financial Times (Nov. 9, 196. Miles Parks, Georgia Election Official: ment: Categories of Speech, CRS (Jan. 16, 2019), 2020), https://beta.documentcloud.org/docu- Don’t Let Misinformation ‘Suppress Your Own

VerDate Sep 11 2014 07:39 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.042 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S938 CONGRESSIONAL RECORD — SENATE March 1, 2021 Vote’, NPR (Jan. 4, 2021), https://www.npr.org/ www.cnn.com/2020/12/10/politics/read-house- 232. 167 Cong. Rec. S641–S642 (daily ed. Feb. 2021/01/04/953321408/georgia-election-official- republicans-texas-supreme-court/index.html. 10, 2021) (statement of Mr. Manager Castro). dont-let-misinformation-suppress-your-own- 215. Adam Liptak, Supreme Court Rejects https://www.congress.gov/117/crec/2021/02/10/ vote. Texas Suit Seeking to Subvert Election, N.Y. CREC-2021-02-10-pt1-PgS615-4.pdf (S641–S642). 197. U.S. Const. art. II, § 1. Times (Dec. 11, 2020), https:// 233. 167 Cong. Rec. S642 (daily ed. Feb. 10, 198. Michael Schmidt, Trump Says Pence www.nytimes.com/2020/12/11/us/politics/su- 2021) (statement of Mr. Manager Castro). Can Overturn His Loss in Congress. That’s Not preme-court-election-texas.html. https://www.congress.gov/117/crec/2021/02/10/ 216. Andrew Solender, Nearly a Dozen Re- How It Works, N.Y. Times (Jan. 5, 2021), CREC-2021-02-10-pt1-PgS615-4.pdf. https://www.nytimes.com/2021/01/05/us/poli- publican Senators Will Object to Electoral Col- 234. Matt Stieb, Pence, Not Trump, Gave tics/pence-trump-election.html. lege Vote, Forbes (Jan. 2, 2021), https:// 199. Maggie Haberman & Katie Benner, Jus- www.forbes.com/sites/andrewsolender/2021/01/ Order to Activate National Guard: Report, In- tice Dept. Asks Judge to Toss Election Lawsuit 02/nearly-a-dozen-republican-senators-will- telligencer, N.Y. Mag. (Jan. 6, 2021), https:// Against Pence, N.Y. Times (Dec. 31, 2020), object-to-electoral-college-vote/ nymag.com/intelligencer/2021/01/pence-not- https://www.nytimes.com/2020/12/31/us/poli- ?sh=7965a5881c3e. trump-activated-the-national-guard-re- tics/justice-department-mike-pence-louie- 217. Jake Tapper, At least 140 House Repub- port.html. gohmert.html. licans to vote against counting electoral votes, 235. U.S. Const. art. II, § 1, cl. 8. 200. Caroline Linton, Judge dismisses two GOP lawmakers say, CNN (Dec. 31, 2020), 236. 167 Cong. Rec. S662 (daily ed. Feb. 11, Gohmert’s attempt to force Pence to decide elec- https://www.cnn.com/2020/12/31/politics/elec- 2021) (statement of Mr. Manager Raskin). tion results, CBS (Jan. 3, 2021), https:// toral-college-house-republicans/index.html. https://www.congress.gov/117/crec/2021/02/11/ www.cbsnews.com/news/louie-gohmert- 218. Dareh Gregorian, Congress is set to CREC-2021-02-11-pt1-PgS645-2.pdf. count the Trump-Biden Electoral College votes. trump-election-lawsuit-pence-dismissed-fed- Ms. COLLINS. Mr. President, the eral-judge/. Here’s the lowdown, ABC News (Jan. 5, 2021), 201. Nick Niedzwiadek & Kyle Cheney, https://www.nbcnews.com/politics/2020-elec- Senate was asked to decide whether Trump pressures Pence to throw out election re- tion/congress-set-count-trump-biden-elec- this body has the constitutional juris- sults—even though he can’t, Politico (Jan. 5, toral-college-votes-here-s-n1252609. diction to hold an impeachment trial of 2021), https://www.politico.com/news/2021/01/ 219. Meryl Kornfield, From a presidential Donald Trump now that he is no longer 05/trump-pressures-pence-election-results- commission to Trump-nominated judges, here’s President of the United States. While 455069. who has rebuked Trump’s voter fraud claims, the Constitution does not explicitly ad- 202. Ibid. Wash. Post (Jan. 3, 2021), https:// www.washingtonpost.com/politics/2021/01/03/ dress Congress’ jurisdiction when the 203. Josh Dawsey & Ashley Parker, Inside subject of impeachment is a former the remarkable rift between Donald Trump and voter-fraud/. Mike Pence, Wash. Post (Jan. 11, 2021), https:// 220. GCC et al, Joint Statement from Elections President—or any former officer—its www.washingtonpost.com/politics/trump- Infrastructure Government Coordinating Coun- text and purpose as applied to the facts pence-breakuo-capitol-riot/2021/01/11/ cil & the Election Infrastructure Sector Coordi- in this matter support the conclusion 6a6aa052-5357-11eb-89bc- nating Executive Committees, CISA (Nov. 12, that the trial should proceed. 2020), https://www.cisa.gov/news/2020/11/12/ 7f51ceb6bd57_story.html. The question of Senate jurisdiction 204. Ibid. joint-statement-elections-infrastructure- 205. Jeff Mason, Despite Trump pressure, government-coordinating-council-election. should start with the text of the Con- Pence will not block Biden’s election certifi- 221. Katie Benner & Michael S. Schmidt, stitution itself. The impeachment cation: advisers, Reuters (Jan. 4, 2021), https:// Barr Acknowledges Justice Dept. Has Found No process is described in article I, which www.reuters.com/article/us-usa-election- Widespread Voter Fraud, N.Y. Times (Dec. 1, delineates the respective powers of the pence/despite-trump-pressure-pence-will-not- 2020), https://www.nytimes.com/2020/12/01/us/ House of Representatives and the Sen- block-bidens-election-certification-advisers- politics/william-barr-voter-fraud.html. 222. The Avalon Project, , ate. Section 2 plainly states that the idUSKBN29A2J0. Madison Debates Yale Law School Lillian Goldman Law Li- House ‘‘shall have the sole power of im- 206. Quint Forgey, ‘Do it Mike’: Trump leans peachment.’’ In this matter, there is no on Pence to reject Biden’s Electoral College cer- brary (Jul. 20, 1787), https://ava- _ tification, Politico (Jan. 6, 2021), https:// lon.law.yale.edu/18th century/de- dispute that impeachment occurred be- _ www.politico.com/news/2021/01/06/do-it-mike- bates 720.asp. fore former President Trump’s term ex- 223. Id. at 64. pired, and, therefore, there is no dis- trump-leans-on-pence-to-reject-bidens-elec- 224. Ibid. toral-college-certification–455319. 225. U.S. Const. amend. XX, § 1. pute that the House had jurisdiction to 207. Ashley Collman, Trump is still wrongly 226. Sara Georgini, How John Adams Man- impeach him. insisting that Pence can change the election re- aged a Peaceful Transition of Presidential What is at issue is whether the im- sult, and he called a New York Times report Power, Smithsonian Mag. (Dec. 7, 2020), that said otherwise ‘fake news’, Bus. Insider peachment trial can occur in the Sen- https://www.smithsonianmag.com/history/ ate now that former President Trump (Jan. 6, 2021), https:// how-john-adams-managed-peaceful-transi- www.businessinsider.com/trump-wrongly-in- tion-presidential-power–180976451/. is no longer in office. Again, I look to sisting-pence-can-overturn-election2021-1. 227. 167 Cong. Rec. S627 (daily ed. Feb. 11, the text of article I. Section 3 states 208. Brian Naylor, Read Trump’s Jan. 6 2021) (statement of Mr. Manager Lieu), that ‘‘the Senate shall have the sole Speech, A Key Part Of Impeachment Trial, NPR https://www.congress.gov/117/crec/2021/02/10/ Power to try all Impeachments.’’ As (Feb. 10, 2021), https://www.npr.org/2021/02/10/ CREC-2021-02-10-pt1-PgS615-4.pdf (S627). former Federal circuit court Judge Mi- 966396848/read-trumps-jan-6-speech-a-key- 228. The Federalist Paper No. 47 (James chael McConnell has observed, the key part-of-impeachment-trial. Madison) (Jacob E. Cooke ed., 1961). 209. John Haltiwaner, Trump attacks Pence 229. See generally The Federalist Paper No. word here is ‘‘all.’’ Sections 2 and 3 for not having the ‘courage’ to overturn the 47 (James Madison) (Jacob E. Cooke ed., read together lead to the inescapable election as the president’s supporters storm the 1961); The Federalist Paper No. 48 (James conclusion that, if the House presents Capitol, Bus. Insider (Jan. 6, 2021), https:// Madison) (Jacob E. Cooke ed., 1961); The Fed- the Senate with a valid impeachment www.businessinsider.com/trump-attacks- eralist Paper No. 49 (James Madison) (Jacob article, the Senate has jurisdiction to pence-for-not-having-courage-to-overturn- E. Cooke ed., 1961); The Federalist Paper No. conduct the trial. election-2021-1. 50 (James Madison) (Jacob E. Cooke ed., 1961; 210. https://www.congress.gov/117/crec/2021/ The Federalist Paper No. 51 (James Madison) Some have argued that such an inter- 02/10/CREC-2021-02-10-pt1-PgS615-4.pdf (S626). (Jacob E. Cooke ed., 1961). (Federalist Papers pretation would put all former Presi- 211. Paul Kane & Scott Clement, Just 27 No. 47 through No. 51 explain how the Execu- dents, Vice Presidents, and office hold- congressional Republicans acknowledge Biden’s tive, Legislative, and Judicial Branches were ers dating back to the Washington ad- win, Washington Post survey finds, Wash. Post to be wholly separated from each other, yet ministration at risk of being im- (Dec. 5, 2020), https:// accountable to each other through a system peached and convicted, but the facts in www.washingtonpost.com/politics/survey- of checks and balances.); See also Nixon v. this matter do not require such a who-won-election-republicans-congress/2020/ Administrator of General Services, 433 U.S. sweeping conclusion. By asserting its 12/04/1a1011f6-3650-11eb-8d38- 425, 426 (1977). (In Nixon v. GSA, the Supreme 6aea1adb3839_story.html. Court articulated the test for a violation of jurisdiction over this trial, the Senate 212. Anita Kumar & Gabby Orr, Inside the separation of powers as occurring when is simply ruling that a President who Trump’s pressure campaign to overturn the elec- the action of one branch ‘‘prevents [another was impeached while still in office can tion, Politico (Dec. 21, 2020), https:// branch] from accomplishing its constitu- be tried after he is no longer in office— www.politico.com/news/2020/12/21/trump-pres- tionally assigned functions.’’) nothing more. sure-campaign-overturn-election-449486. 230. U.S. Const. art. II, § 3. 213. Ibid. 231. 167 Cong. Rec. S641–S643 (daily ed. Feb. The former President’s attorneys 214. Daniella Diaz, READ: Brief from 126 Re- 10, 2021) (statement of Mr. Manager Castro), argue that the Senate does not have ju- publicans supporting Texas lawsuit in Supreme https://www.congress.gov/117/crec/2021/02/10/ risdiction to conduct a trial because Court, CNN (Dec. 11, 2020), https:// CREC-2021-02-10-pt1–PgS615-4.pdf. the penalty prescribed for conviction

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.045 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S939 under article II, section 4, is removal charged with in the Article?; and (2) if so, lots mailed by Election Day could still be from office. Because former President does that action warrant conviction and dis- counted if those ballots were received within Trump cannot be removed, they argue qualification from holding future office? three days of Election Day.15 In addition to that the Constitution requires he not THE BIG LIE DEBUNKED lying about whether it was legal to receive ballots after Election Day, the former Presi- The public record demonstrates clearly be tried. But article I, section 4, au- dent drastically overinflated the number of that the former President engaged in the thorizes the Senate to impose the pen- ballots received after Election Day in Penn- conduct outlined in the Article of Impeach- alty of permanent disqualification sylvania. In fact, there were only approxi- ment put forward by the House of Represent- from holding office in the future if it mately ten thousand ballots received after atives. We watched his actions with our own Election Day and those ballots were not even chooses to do so. And, notably, a vote eyes. We heard his conspiracy theories and included in Pennsylvania’s certified election on whether or not to disqualify can baseless accusations with our own ears. For results.16 Since President Biden won Penn- only be taken after conviction, at months after the election, all of America sylvania by over eighty thousand votes, the which point any defendant would have witnessed the former President’s deliberate ballots received after Election Day would been removed and no longer an office repetition of the ‘‘Big Lie;’’ he repeatedly not have made any difference in Pennsylva- holder. claimed—without any evidence—that the nia’s Presidential election outcome.17 If the defense’s argument were to be 2020 general election was rigged and stolen In another tweet, the former President 6 followed to its logical conclusion, it from him. In furtherance of this falsehood, claimed that Pennsylvania prevented his the former President has made numerous would lead to a constitutional absurd- campaign officials ‘‘from watching much of claims, all easily and consistently rebutted, 18 ity—the Senate would have the sole the Ballot count.’’ Again, the former Presi- regarding the votes cast in multiple battle- dent was lying. In fact, in response to a power to apply the disqualification ground states. As the Senior Senator from judge’s question during one hearing on penalty, but it would never have juris- Pennsylvania, a state that the former Presi- whether there were election observers in the diction to do so. If the Senate were un- dent relentlessly attacked after the election, canvassing room, a lawyer representing the able to consider disqualification after a I believe it is important to debunk the nu- former President offered the seemingly bi- President is no longer in office, the sec- merous false statements that the former zarre concession that there was ‘‘a non-zero ond penalty would lose its meaning. A President asserted regarding the Pennsyl- number of people in the room.’’19 Further- vania Presidential election. more, multiple courts confirmed that the more sensible reading of article I, sec- Prior to the election, it was widely re- tion 4, is that both punishments, re- former President’s campaign presented no ported that the public should ‘‘beware’’ of evidence suggesting that his campaign’s ob- moval and disqualification, are equally early U.S. election tallies because of the un- servers were treated any differently than the significant, and therefore, the Senate precedented amount of mail-in voting and observers for the Biden Campaign.20 has jurisdiction in this matter. the different ways that states were proc- The former President’s lies did not stop For all the reasons I have set forth, I essing ballots due to the COVID–19 pan- there. In late November, the former Presi- believe that the Senate must exercise demic.7 In Pennsylvania specifically, Demo- dent tweeted that over a million votes in jurisdiction, and I voted to begin its cratic voters were outpacing Republican vot- Pennsylvania were ‘‘created out of thin 8 impeachment proceedings. ers by a 3–to–1 ratio in mail-in voting. Since air.’’21 This is a lie. Here, the former Presi- Mr. CASEY. Mr. President, I ask the mail-in votes would be the last to be dent was referring to a conspiracy theory of- counted in most counties, experts cautioned fered by Republican State Senator Doug unanimous consent that the following voters that the former President might ap- Mastriano, who claimed that the Pennsyl- statement regarding the impeachment pear to be winning in the early returns on vania Department of State was reporting an trial of the former President be printed election night (a ‘‘Red mirage’’) only to lose extra 1.1 million mail-in votes in Pennsyl- in the RECORD. that lead as election officials counted more vania.22 Senator Mastriano indicated that There being no objection, the mate- mail-in ballots in the days after Election Pennsylvania had reported mailing out rial was ordered to be printed in the Day (a ‘‘Blue shift’’).9 ‘‘1,823,148 ballots, of which 1,462,302 were re- RECORD, as follows: Despite these warnings, the former Presi- turned,’’ but he indicated that a dashboard dent attempted to sow doubt, even before STATEMENT ON THE SECOND IMPEACHMENT on the Department of State’s website re- Election Day, about votes counted after No- TRIAL OF THE FORMER PRESIDENT corded over 2.5 mail-in ballots in the general vember 3. A week before Election Day, he in- election.23 While Senator Mastriano did not Mr. CASEY. Mr. President. The former dicated that ‘‘counting ballots for two include sources for his data, it was easy to President’s conduct during and after the 2020 weeks’’ after Election Day was ‘‘totally inap- determine that he was conflating different Presidential election was indefensible and propriate’’ and he did not believe it was con- datasets from the general election and the dangerous. By inciting an insurrection sistent with our Nation’s election laws.10 To June primaries. A dataset from the Pennsyl- against Congress and pressuring government be clear, there is nothing improper or illegal vania Department of State clearly detailed officials across our Nation to overturn the about election officials counting legally cast that there were 1,823,148 mail-in ballot re- election in his favor, the former President votes after Election Day. Nonetheless, as quest for the June 2020 primaries24—the directly ‘‘threatened the integrity of the election officials in Pennsylvania began to exact number that Senator Mastriano democratic system, interfered with the process the heavily Democratic-leaning cited—while Pennsylvania’s official returns peaceful transition of power, and imperiled a mail-in ballots in the days following Elec- for the 2020 general election clearly illus- coequal branch of Government.’’1 As long as tion Day and the former President’s ‘‘Red trated that over 2.6 million voters cast a bal- he is able to hold public office under the mirage’’ predictably turned to a ‘‘Blue shift’’ lot by mail in the Presidential election.25 United States, he will remain a grave threat in favor of President Biden, the former Presi- In another tweet on December 28, the to our national security and our Constitu- dent claimed that officials were ‘‘finding former President claimed that there were tion. For these reasons, I again voted to con- Biden votes all over the place.’’11 In reality, ‘‘205,000 more votes than there were voters’’ vict the former President on the House of election officials in Pennsylvania were sim- in Pennsylvania.26 This too is another lie. Representatives’ Article of Impeachment. ply counting legally cast votes. As Repub- Again, the former President appeared to be CONSTITUTIONALITY OF THE TRIAL lican Philadelphia Commissioner Al Schmidt referencing yet another conspiracy theory As a threshold question in this trial, the said: ‘‘In the birthplace of our Republic, offered by another state legislator, Rep- former President’s legal team and several counting votes is not a bad thing. Counting resentative Frank Ryan.27 Representative Republican Senators have argued that the votes cast on or before Election Day by eligi- Ryan claimed that the official election re- Senate cannot hold an impeachment trial ble voters is not corruption. It is not cheat- turns included 205,000 more votes than those against a President who is no longer in of- ing. It is democracy.’’12 listed in Pennsylvania’s voter registration fice.2 This argument is just another conven- Relatedly, the former President also database.28 Pennsylvania Attorney General ient excuse for some of my Republican col- claimed that in Pennsylvania, ‘‘tens of thou- Josh Shapiro explained that the voter reg- leagues to avoid holding the former Presi- sands of votes were illegally received after 8 istration database referenced by Representa- dent accountable. Not only has the theory P.M. on Tuesday, Election Day, totally and tive Frank ‘‘is updated by each county indi- been roundly rejected by both liberal and easily changing the results.’’13 Here again, vidually, and this updating process can take conservative constitutional legal scholars,3 the former President was lying. In Sep- several weeks following an election.’’29 Thus, it would also completely contravene both tember 2020, the Pennsylvania Supreme the Attorney General explained that it ap- Senate and historical precedent.4 In this Court extended the mail-in ballot receipt peared that Representative Ryan was com- case, consistent with the prevailing legal deadline in Pennsylvania by three days be- paring ‘‘the official returns with incomplete theory and historical precedent, the Senate cause of the unprecedented circumstances data from the registration database to jus- voted to affirm the constitutionality of this caused by the COVID–19 pandemic.14 The tify his baseless claim that there were more current trial—a decision that I fully sup- Pennsylvania Supreme Court’s decision did votes than voters.’’30 ported.5 Thus, after addressing the threshold not permit eligible voters to vote after Elec- Unfortunately, the above lies are merely a Constitutional issue, the question before tion Day. Rather, pursuant to the Free and sampling of the former President’s total lies every Senator in this trial became twofold— Equal Elections Clause of the Pennsylvania about the election process in Pennsylvania (1) did the former President do what he is Constitution, the court explained that bal- and across the Nation. In addition to these

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.014 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S940 CONGRESSIONAL RECORD — SENATE March 1, 2021 falsehoods, the former President claimed— He also began an aggressive lobbying cam- his rallies assaulting protestors by calling without evidence—that there were ‘‘900,000 paign against Vice President Pence.44 Pursu- their actions ‘‘very, very appropriate.’’ 57 In Fraudulent Votes’’ in Pennsylvania,31 that ant to the Twelfth Amendment, the Vice another 2016 rally in Las Vegas, the former Dominion Voting Systems switched 221,000 President counts each state’s certified Elec- President commented that he would like to votes from the former President to Joe Biden toral College votes for President in a joint ‘‘punch [a protestor] in the face’’ before in Pennsylvania,32 and that ‘‘Fraud and ille- session of Congress.45 However, the former reminiscing about the fictional ‘‘old days’’ gality’’ were a ‘‘big part’’ of his election law- President regularly lied about the constitu- when violent behavior was allegedly more suits in Pennsylvania.33 tional duty of the Vice President. In another acceptable.58 ‘‘You know what they used to The Pennsylvania election was adminis- attempt to turn the election in his favor do to guys like that when they were in a tered safely and securely by thousands of Re- through illegitimate means, the former place like this?’’ he asked the crowd. publican and Democratic election officials President suggested that Vice President ‘‘They’d be carried out on a stretcher, and selfless volunteers across the Common- Pence should violate his oath of office by re- folks.’’59 wealth. We know this because as the House fusing to count certain electoral votes for This abhorrent behavior did not change Managers highlighted in their trial brief, President Biden during the joint session.46 when the former President entered office. In ‘‘[o]ur legal system affords many ways in After failing to overturn the election August 2017, after a rally of white suprema- which a candidate can contest the outcome through the courts and his pressure cam- cists resulted in three deaths and more than of an election.’’34 The former President did paign on other elected officials, the former 33 other injuries in Charlottesville, Virginia, not merely contest the election in Pennsyl- President took aim for one more attack on the former President offered perhaps the vania, but also in Arizona, Georgia, Michi- American democracy. He summoned his mob most disturbing comments of his Presidency gan, Nevada, and Wisconsin.35 In total, the of insurrectionists to Washington, D.C. on when he suggested that there was ‘‘blame on former President and his allies filed 62 law- January 6, 2021 for a ‘‘Save America Rally’’ both sides’’ and that there were ‘‘very fine people on both sides.’’60 In October 2018, we suits in state and federal courts regarding to coincide with the joint session of Con- saw the former President praise and glorify the 2020 election and they lost every case, ex- gress.47 He invited them. He incited them the actions of current Governor of Montana, cept for one minor lawsuit in Pennsylvania.36 over the course of months and on January 6. Furthermore, despite the President’s pub- Finally, he directed this Trump mob to the Greg Gianforte, after then-candidate Gianforte had body slammed and hospital- lic claims of widespread illegalities, his legal Capitol to subvert and obstruct Congress ized a journalist in May 2017.61 Mr. Gianforte team rarely attempted to allege fraud in his from conducting its constitutional obliga- 62 37 had already pled guilty to the assault. lawsuits. In fact, his own attorney, Rudy tion to certify the 2020 Presidential election. In 2020, the former President further glori- On January 6, we heard the former Presi- Giuliani, explicitly confirmed that the Cam- fied violence by indicating that ‘‘when the dent continue to spread his Big Lie at his paign was not alleging fraud during one high looting starts, the shooting starts’’ in rela- profile case in Pennsylvania by stating rally. As Attorney General Shapiro detailed, tion to the civil rights protests occurring ‘‘[t]his is not a fraud case.’’38 Despite these the former President ‘‘inflamed the crowd by after George Floyd’s murder at the hands of facts, the former President continued to repeating the same debunked allegations law enforcement in Minneapolis, Min- spread a different narrative—a Big Lie re- about voter fraud in Pennsylvania and else- nesota.63 Later, we saw the former President garding a rigged election—on Twitter. where. In his remarks, he repeated no fewer direct federal agents to forcibly move hun- United States District Court Judge Mat- than eight false statements about Penn- dreds of peaceful protestors outside of the thew Brann of the Middle District of Penn- sylvania’s elections alone.’’ 48 He further in- White House so he could pose for a photo op sylvania highlighted the absurdity of some cited the mob to ‘‘stop the steal’’ by declar- in front of St. John’s Church in Washington, of the former President’s legal arguments in ing that ‘‘we fight, we fight like hell,’’ be- D.C.64 an opinion dismissing one of the Campaign’s cause ‘‘if you don’t fight like hell you’re not In April 2020, in what turned out to be a lawsuits: going to have a country anymore.’’ 49 dress rehearsal for the January 6 insurrec- ‘‘Plaintiffs ask this Court to disenfranchise The case for incitement is about far more tion, we saw the former President tweet almost seven million voters. . . . One might than just the former President’s speech on ‘‘LIBERATE MICHIGAN!’’ after the Gov- expect that when seeking such a startling January 6. This was about a pattern of con- ernor of Michigan implemented several miti- outcome, a plaintiff would come formidably duct. It was about the former President’s gation measures to address the COVID–19 armed with compelling legal arguments and autocratic leadership and calls for political public health crisis.65 Nearly two weeks factual proof of rampant corruption, such violence throughout his Presidency. It was later, on April 30, armed protestors dressed that this Court would have no option but to about a President who once bragged: ‘‘I have in tactical gear sieged the Michigan State regrettably grant the proposed injunctive re- the tough people [supporting me], but they Capitol, waving the Confederate flag and lief despite the impact it would have on such don’t play it tough until they go to a certain wearing MAGA hats.66 Rather than condemn a large group of citizens. That has not hap- point, and then it would be very bad, very those who had seized the state capitol wav- pened. Instead, this Court has been presented bad.’’ 50 ing Confederate flags, the former President with strained legal arguments without merit I, as well as public officials in both parties, encouraged the Governor of Michigan to ne- and speculative accusations, unpled in the talk about fighting for public policy goals. gotiate with them: ‘‘The Governor of Michi- operative complaint and unsupported by evi- We fight for health care. We fight for civil gan should give a little, and put out the fire. dence. In the United States of America, this rights. We fight for equity and justice. How- These are very good people, but they are cannot justify the disenfranchisement of a ever, when the former President tells his angry. They want their lives back again, single voter, let alone all the voters of its supporters to fight, it means something dif- safely! See them, talk to them, make a 67 sixth most populated state. Our people, laws, ferent because the former President has reg- deal.’’ Just a few months following the cap- itol siege in Michigan, the FBI arrested thir- and institutions demand more.’’39 ularly condoned and encouraged violence against protestors and members of the press teen men for ‘‘plotting to storm the Michi- In the Campaign’s appeal to the United since he became a candidate in 2015. As Lead gan State capitol building, launch a civil States Court of Appeals for the Third Cir- House Manager Jamie Raskin told us during war, kidnap Governor Whitmer, transport cuit, Judge Stephanos Bibas, a judge ap- the trial: ‘‘January 6 was a culmination of her to Wisconsin, and then try and execute pointed by the former President,40 wrote for the President’s actions—not an aberration her.’’ 68 a unanimous panel affirming Judge Brann’s from them.’’51 It was the former President’s The former President’s pattern of conduct initial decision.41 Judge Bibas wrote: ‘‘Free, pattern and practice of condoning and en- is indisputable. A reasonable person cannot fair elections are the lifeblood of our democ- couraging violent action. dispute that the former President knew ex- racy. Charges of unfairness are serious. But For example, during remarks in October actly what he was doing by perpetuating the calling an election unfair does not make it 2015, the former President—then a can- ‘‘Big Lie,’’ summoning his crowd of insurrec- so. Charges require specific allegations and didate—indicated that he would be a ‘‘little tionists on January 6 and telling them: ‘‘[I]f 42 then proof. We have neither here.’’ The more violent’’ next time protestors inter- you don’t fight like hell, you’re not going to Presidential election was fair and lawful not- rupted one of his rallies.52 Video later have a country anymore.’’ 69 The former withstanding the many lies told by the showed the former President’s supporters President led his supporters to a breaking former President. forcibly dragging protestors out of the cam- point and as he had predicted in the past—it THE FORMER PRESIDENT’S PATTERN OF paign event.53 In a February 2016 rally in was ‘‘very bad, very bad.’’ 70 There is simply CONDUCT Cedar Rapids, Iowa, we saw the former Presi- no way to excuse the former President’s ac- Despite losing case after case in federal dent tell his supporters to ‘‘knock the hell’’ tions in this case. and state courts, the former President was out of protestors and then promised to pay AN ATTACK ON OUR DEMOCRACY not deterred in his efforts to spread his Big their legal fees resulting from any alterca- By encouraging his mob of insurrectionists Lie regarding a stolen election. Instead, he tion.54 to march on the Capitol and obstruct the turned his attention to pressuring federal, In March 2016, a supporter of the former Congressional certification of the 2020 elec- state and local elections officials to overturn President sucker punched a Black man being tion, the former President attacked the the election. In Georgia, he personally called escorted out of a campaign rally.55 The foundational principles of our democracy the Secretary of State, Brad Raffensperger, former President’s supporter was later re- and the peaceful transfer of power. He did and told him to ‘‘find 11,780 votes, which is corded as saying ‘‘[t]he next time we see not merely endanger another branch of gov- one more than we have because we won the him, we might have to kill him.’’ 56 Just days ernment and the Presidential line of succes- state.’’43 later, the former President defended those at sion. His actions led to at least five deaths,

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.053 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S941 injuries to nearly 140 members of law en- 7. Chris Kahn & Jason Lange, Explainer: 22. Senator Doug Mastriano forcement and untold collateral damage re- Red Mirage, Blue Mirage—Beware of Early U.S. (@SenMastriano), TWITTER (Nov. 27, 2020, 1:59 sulting from the carnage of that day.71 He Election Wins, REUTERS (Nov. 1, 2020, 6:12 PM), https://twitter.com/senmastriano/sta- endangered the lives of countless Congres- AM), https://www.reuters.com/article/us-usa- tus/1332398733401591808. See also Fact Check: sional staffers and employees, members of election-mirage-explainer-idUSKBN27H1A6; Post Mixes Pennsylvania Primary and General the press and members of Congress. He put a David Wasserman, Beware the ‘‘Blue Mirage’’ Election Data to Suggest Vote-By-Mail Irreg- target on the back of his own Vice President and the ‘‘Red Mirage’’ on Election Night, NBC ularities, REUTERS (Dec. 1, 2020, 11:38 AM), and his Vice President’s family. His actions NEWS (Nov. 3, 2020, 8:27 AM), https:// https://www.reuters.com/article/uk-fact- jeopardized our Nation’s national security by www.nbcnews.com/politics/2020–election/be- check-pa-mail-votes-primary-gene- tarnishing the United States’ reputation ware-blue-mirage-red-mirage-election-night- idUSKBN28B5NW [hereinafter ‘‘Reuters Fact abroad and emboldening violent extremists n1245925. Check’’] (debunking State Senator at home. 8. Pennsylvania Could See a ‘‘Red Mirage’’ on Mastriano’s claims). Furthermore, he has shown absolutely no Election Night. Here’s Why, 6ABC (Oct. 29, 23. Id. remorse for any of it, even going as far to 2020), https://6abc.com/pennsylvania-vote- 24. 2020 Primary Mail Ballot Counts by Coun- glorify the insurrection in the immediate count-in-red-mirage-mail-in-voting/7455361/. ty, OPENDATAPA, https://data.pa.gov/Govern- aftermath of the attack. After the Capitol See also Holly Otterbein, Democrats Return ment-Efficiency-Citizen-Engagement/2020- had been secured in the early evening of Jan- Nearly Three Times as Many Mail-In Ballots as Primary-Mail-Ballot-Counts-by-County/43wz- uary 6 and Congress was making plans to re- Republicans in Pennsylvania, POLITICO (Nov. 3, 2ph2 (last updated Aug. 3, 2020). See also Reu- sume its joint session, the former President 2020, 1:31 PM), https://www.politico.com/news/ ters Fact Check, supra note 22 (debunking turned to Twitter to release a statement. He 2020/11/03/democrats-more-mail-in-ballots- State Senator Mastriano’s claims). did not denounce the violent insurrection, pennsylvania–433951 (explaining that on Elec- 25. 2020 Presidential Election Official Return, but rather he chose to continue to spread his tion Day, more than 1.6 million of returned PA. DEP’TOFSTATE, https:// Big Lie that the election was stolen from mail-in ballots were from registered Demo- www.electionreturns.pa.gov/ (last visited him and to call the insurrectionists ‘‘great crats and 586,000 were from Republicans). Mar. 1, 2021). See also Reuters Fact Check, patriots:’’ 9. Brittany De Lea, ‘‘Red Mirage’’ Possible supra note 22 (debunking State Senator ‘‘These are the things and events that hap- in Pennsylvania as Officials Urge Voters to be Mastriano’s claims). pen when a sacred landslide election victory Patient, FOX NEWS (Nov. 1, 2020), https:// 26. Donald J. Trump (@realdonaldtrump), is so unceremoniously & viciously stripped www.foxnews.com/politics/pennsylvania-red- TWITTER (Dec. 28, 2020, 4:00 PM), https://twit- away from great patriots who have been mirage-officials-voter-patience; Jonathan ter.com/realdonaldtrump/status/ badly & unfairly treated for so long. Go Lai, How Does a Republican Lead on Election 1343663159085834248. See also TRUMP TWITTER home with love & in peace. Remember this Night and Still Lose Pennsylvania? It’s Called ARCHIVE V2, supra note 11. 27. Press Release, Pa. State Rep. Frank day forever.’’ 72 the ‘‘Blue Shift,’’ PHILA. INQUIRER (Jan. 27, Ryan et al., PA Lawmakers: Numbers Don’t Ultimately, after carefully reviewing all of 2020), https://www.inquirer.com/politics/elec- tion/pennsylvania–2020–election-blue-shift– Add Up, Certification of Presidential Results the evidence put forward in this case, I found Premature and In Error (Dec. 28, 2020), http:// that the House Managers more than exceed- 20200127.html. 10. Jeff Mason & Ernest Scheyder, Trump www.repfrankryan.com/News/18754/Latest- ed their burden of proof. The former Presi- Questions Counting Late Ballots as Biden News/PA-Lawmakers-Numbers-Don’t-Add- dent’s conduct violated his oath of office, en- Up,-Certification-of-Presidential-Results- dangered our democracy and jeopardized the Preaches Unity in Georgia, REUTERS (Oct. 27, 2020, 10:46 AM), https://www.reuters.com/arti- Premature-and-In-Error. See also Ali United States’ national security. Through Swenson, There Were Not More Votes Than this conduct, the former President com- cle/usa-election-idUSKBN27C25G. 11. Donald J. Trump (@realdonaldtrump), Voters in Pennsylvania, ASSOCIATED PRESS mitted a high crime against our Constitu- TWITTER (Nov. 4, 2020, 11:55 AM), https://twit- (Dec. 29, 2020), https://apnews.com/article/ tion. I voted to convict him in the most bi- ter.com/realdonaldtrump/status/ fact-checking-9887147615 (debunking State partisan Presidential impeachment pro- 1324032541544927233. See also TRUMP TWITTER Representative Ryan’s election claims). ceedings in our Nation’s history.73 ARCHIVE V2, https:// 28. Id. ENDNOTES www.thetrumparchive.com/ (last visited 29. Att’y Gen. Shapiro Memo, supra note 16, 1. H.R. Res. 24, 117th Cong. art. I (2020). March 1, 2021) (archiving all of the former at 6. 2. PROCEEDINGS OF THE UNITED STATES SEN- 30. Id. at 6–7 President’s tweets). 31. Donald J. Trump (@realdonaldtrump), ATE IN THE IMPEACHMENT TRIAL OF DONALD 12. Bill Whitaker, ‘‘It is Not Cheating, It is JOHN TRUMP, S. DOC. NO. 117–2, at 122—46 TWITTER (Nov. 21, 2020, 11:54 PM), https:// Democracy’’: A First-Hand Look at Ballot twitter.com/realdonaldtrump/status/ (2021) [hereinafter ‘‘IMPEACHMENT PRO- Counting in Pennsylvania, CBS NEWS: 60 MIN- 1330374020613758977. See also TRUMP TWITTER CEEDINGS II’’] (Trial Memorandum of Donald UTES (Nov. 9, 2020), https://www.cbsnews.com/ J. Trump, 45th President of the United ARCHIVE V2, supra note 11. news/pennsylvania-ballot-counting–2020–elec- 32. Donald J. Trump (@realdonaldtrump), States of America). See also Nicholas Fandos, tion–60–minutes/. Republicans Rally Against Impeachment Trial, TWITTER (Nov. 12, 2020, 11:34 AM), https:// 13. Donald J. Trump (@realdonaldtrump), twitter.com/realdonaldtrump/status/ Signaling Likely Acquittal for Trump, N.Y. TWITTER (Nov. 7, 2020, 8:20 AM), https://twit- 1326926226888544256. See also TRUMP TWITTER TIMES (Jan. 26, 2021), https:// ter.com/realdonaldtrump/status/ www.nytimes.com/2021/01/26/us/politics/repub- ARCHIVE V2, supra note 11. 1325065540390559745. See also TRUMP TWITTER 33. Donald J. Trump (@realdonaldtrump), licans-impeachment-trump.html (‘‘By a vote ARCHIVE V2, supra note 11. TWITTER (Nov. 28, 2020, 3:49 PM), https://twit- of 55–to–45, the Senate narrowly killed a Re- 14. Pennsylvania Democratic Party v. ter.com/realdonaldtrump/status/ publican effort to dismiss the proceeding as Boockvar, 238 A.3d 345, 369–72 (Pa. 2020).. 1332788716818010114. See also TRUMP TWITTER unconstitutional because Mr. Trump is no 15 Id. ARCHIVE V2, supra note 11. 16. Memorandum from Pa. Att’y Gen. Josh longer in office.’’). 34. IMPEACHMENT PROCEEDINGS II, supra 3. See Ilya Somin, Legal Scholars’ Letter on Shapiro 7 (Feb. 10, 2021), https:// note 2, at 29 (Trial Memorandum of the Impeachment of Former Officials Makes Ap- www.attorneygeneral.gov/wp-content/ United States House of Representatives). pearance in Trump’s Senate Trial, VOLOKH uploads/2021/02/Jan–6–Memo.pdf [hereinafter 35. Id. CONSPIRACY (Feb. 9, 2021, 3:10 PM), https:// ‘‘Att’y Gen. Shapiro Memo’’]. 36. Id. reason.com/volokh/2021/02/09/legal-scholars- 17 Id. 37. Tessa Berenson, Donald Trump And His letter-on-impeachment-of-former-officials- 18. Donald J. Trump (@realdonaldtrump), Lawyers Are Making Sweeping Allegations of makes-appearance-in/ (highlighting one let- TWITTER (Nov. 9, 2020, 3:17 PM), https://twit- Voter Fraud In Public. In Court, They Say No ter signed by ‘‘constitutional law scholars ter.com/realdonaldtrump/status/ Such Thing, TIME (Nov. 20, 2020, 3:13 PM), across the political spectrum,’’ including the 1325895380983275524. See also TRUMP TWITTER https://time.com/5914377/donald-trump-no-evi- co-founder of the Federalist Society). ARCHIVE V2, supra note 11. dence-fraud/. 4. IMPEACHMENT PROCEEDINGS II, supra note 19. Katelyn Polantz et al., Trump and GOP 38. Id. 2, at 48–97 (Trial Memorandum of the United Lawsuits Challenging Election Flail in Court, 39. Donald J. Trump for President, Inc. v. States House of Representatives). CNN (Nov. 6, 2020, 3:01 AM), https:// Boockvar, No. 4:20–CV–02078, 2020 WL 6821992, 5. 167 CONG. REC. S609 (daily ed. Feb. 9, www.cnn.com/2020/11/06/politics/trump-and- at *1 (M.D. Pa. Nov. 21, 2020), aff’d, 830 F. 2021). gop-lawsuits-to-challenge-election-flail-in- App’x 377 (3d Cir. 2020). 6. See Larry Buchanan et al., Lie After Lie: court/index.html. 40. Press Release, White House, Eleven Listen to How Trump Built His Alternate Re- 20. E.g., Donald J. Trump for President, Nominations Sent to the Senate Today (June ality, N.Y. TIMES (Feb. 9, 2021) (‘‘In hundreds Inc. v. Boockvar, No. 4:20–CV–02078, 2020 WL 19, 2017), https:// of public statements from Nov. 4, 2020, to 6821992, at *13 (M.D. Pa. Nov. 21, 2020), aff’d, trumpwhitehouse.archives.gov/presidential- Jan. 6, 2021, Mr. Trump repeatedly used 830 F. App’x 377 (3d Cir. 2020); 830 F. App’x 377 actions/eleven-nominations-sent-senate- phrases like ‘we won the election’ and ‘won at 388. today-3/. it by a landslide,’ and he said that the elec- 21. Donald J. Trump (@realdonaldtrump), 41. Trump for President, 830 F. App’x at 391. tion was ‘rigged’ and ‘stolen’ by the Demo- TWITTER (Nov. 28, 2020, 12:09 AM), https:// 42. Id. at 381. crats. Such assertions have been proven false twitter.com/realdonaldtrump/status/ 43. IMPEACHMENT PROCEEDINGS II, supra by the courts and elections officials across 1332552283553476608. See also TRUMP TWITTER note 2, at 32 (Trial Memorandum of the the country.’’). ARCHIVE V2, supra note 11. United States House of Representatives).

VerDate Sep 11 2014 08:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.054 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S942 CONGRESSIONAL RECORD — SENATE March 1, 2021 44. Id. at 40–42. Schmidt & Luke Broadwater, Officers’ Inju- President Trump’s actions on Janu- 45. U.S. CONST. amend XII. ries, Including Concussions, Show Scope of Vio- ary 6 were consistent with a years-long 46. IMPEACHMENT PROCEEDINGS II, supra lence at Capitol Riot, N.Y. TIMES (Feb. 11, effort to undermine faith in our demo- note 2, at 40–41 (Trial Memorandum of the 2021), https://www.nytimes.com/2021/02/11/us/ United States House of Representatives). politics/capitol-riot-police-officer-inju- cratic system. After spending months 47. See, e.g., Donald J. Trump ries.html (‘‘At least 138 officers—73 from the trying to delegitimize our elections (@realdonaldtrump), TWITTER (Dec. 19, 2020, Capitol Police and 65 from the Metropolitan and despite losing by more than 7 mil- 1:42 AM), https://twitter.com/ Police Department in Washington—were in- lion votes, President Trump filed doz- realdonaldtrump/status/1340185773220515840 jured. . . .’’). ens of lawsuits and called into question (‘‘Big protest in D.C. on January 6th. Be 72. Donald J. Trump (@realdonaldtrump), the election results across the country. there, will be wild!’’); Donald J. Trump TWITTER (Jan. 6, 2021, 6:01 PM), https://twit- In court after court, the President’s ter.com/realdonaldtrump/status/ (@realdonaldtrump), TWITTER (Jan. 1, 2021, claims were rejected. As Judge Bibas, 2:53 PM), https://twitter.com/ 1346954970910707712. See also TRUMP TWITTER realdonaldtrump/status/1345095714687377418 ARCHIVE V2, supra note 11. who was appointed by President (‘‘The BIG Protest Rally in Washington, 73. Maggie Astor, Impeachment Briefing: The Trump, wrote for the Third Circuit, D.C., will take place at 11.00 A.M. on January Senate Acquits Trump, N.Y. TIMES (Feb. 13, ‘‘Charges of unfairness are serious. But 6th. . . . StopTheSteal!’’). See also TRUMP 2021), https://www.nytimes.com/2021/02/13/us/ calling an election unfair does not TWITTER ARCHIVE V2, supra note 11. politics/impeachment-briefing-the-senate-ac- make it so. Charges require specific al- 48. Att’y Gen. Shapiro Memo, supra note 16, quits-trump.html. legations and then proof. We have nei- at 1. Ms. KLOBUCHAR. Mr. President, as Senators in this proceeding, we were ther here.’’ 49. IMPEACHMENT PROCEEDINGS II, supra In an attempt to delay the certifi- note 2, at 43 (Trial Memorandum of the bound by two oaths, to support and de- cation of the results, President Trump United States House of Representatives). fend the Constitution and to pursue privately pressured State election offi- 50. Alexander Mallin, Trump Warns impartial justice as we considered the cials, including asking Georgia’s Sec- ‘‘Tough’’ Supporters Could Turn Things ‘‘Very Article of Impeachment filed against Bad’’ If Provoked, ABC NEWS (Mar. 15, 2019, retary of State to ‘‘find’’ 11,780 votes, a former President Donald Trump: a 11:05 AM), https://abcnews.go.com/Politics/ number that would flip the State in his charge of incitement of insurrection. trump-warns-tough-supporters-turn-things- favor. Thankfully, election officials bad-provoked/story?id=61709959. The Framers of our Constitution gave us the tools to respond to a mo- followed the law, and by December 11, 51. 167 CONG. REC. S647 (daily ed. Feb. 11, 2020, all States had certified the results 2021). ment like this. Having lived under the 52. Fabiola Cineas, Donald Trump is the tyranny of an unaccountable King, of the election. Accelerant, VOX (Jan. 9, 2021, 11:04 AM), they were well aware of the risks of a Despite the results being final, how- https://www.vox.com/21506029/trump-violence- President willing to abuse his or her ever, President Trump convinced his tweets-racist-hate-speech. power. William Davie, one of North supporters that there was one last op- 53. Id. portunity to interrupt the peaceful 54. Id. Carolina’s representatives at the Con- stitutional Convention, argued that transfer of power: preventing the Con- 55. Id. gress from counting the electoral col- 56. Id. empowering the Congress was nec- 57. Eric Levitz, Trump on His Supporters At- essary to protect against the threat of lege votes. And they responded to his tacking Protesters: ‘‘That’s What We Need More a President who would spare ‘‘no ef- call. During the trial, we saw a video of Of,’’ N.Y. MAG. (Mar. 11, 2016), https:// forts or means whatever to get himself a rioter yelling, ‘‘We were invited by nymag.com/intelligencer/2016/03/trump- reelected.’’ the President of the United States!’’ punching-protesters-is-very-appro- Our system of checks and balances as and examples of the rioters’ social priate.html. laid out in our Constitution provides media posts telling President Trump 58. Cineas, supra note 52. that the Congress can impeach a Presi- they were there for him, including a 59. Id. photo of rioters storming the Capitol 60. 167 CONG. REC. S648 (daily ed. Feb. 11, dent for committing ‘‘Treason, Brib- 2021). ery, or other High Crimes and Mis- steps captioned, ‘‘This is me.’’ 61. Cineas, supra note 52. demeanors.’’ The phrase was meant to Law enforcement, sworn to protect 62. Merrit Kennedy, Montana’s Gianforte encompass any offenses that, as Alex- the Capitol, were repeatedly assaulted Pleads Guilty, Won’t Serve Jail Time in Assault ander Hamilton explained in Federalist defending our temple of democracy and on Journalist, NPR (June 12, 2017, 2:35 PM), 65, include an ‘‘abuse or violation of our very republic. We will never forget https://www.npr.org/sections/thetwo-way/2017/ some public trust’’ and ‘‘injuries done the shrieks of the police officer pinned 06/12/532613316/montanas-gianforte-pleads- immediately to society itself.’’ Im- in between the doors at the hands of guilty-wont-serve-jail-time-in-assault-on- the rioters, pleading for help. We will journalist. peachment is a remedy for this public 63. Cineas, supra note 52. harm. never forget Officer Harry Dunn, who 64. Id. Some of my colleagues argue that fought against the violent mob for 65. Donald J. Trump (@realdonaldtrump), the Senate could not sit as a court of hours and, after it was over, broke TWITTER (Apr. 17, 2020, 11:22 AM), https://twit- impeachment for a former President. down in tears, telling fellow officers he ter.com/realdonaldtrump/status/ But constitutional scholars from had been called the N-word numerous 1251169217531056130. See also TRUMP TWITTER across the political spectrum agree times that day. He asked: ‘‘Is this ARCHIVE V2, supra note 11. that the plain language of the Con- America?’’ Or Officer Eugene Goodman 66. 167 CONG. REC. S648 (daily ed. Feb. 11, 2021). stitution and the historical precedent who ran to take on a growing group of 67. Donald J. Trump (@realdonaldtrump), are clear that the Senate has the power the rioters by himself, diverting them TWITTER (May 1, 2020, 8:42 AM), https://twit- to hold former officers accountable for away from the Senate Chamber and al- ter.com/realdonaldtrump/status/ offenses committed while in office. The lowing Senators to move to a secure lo- 1256202305680158720. See also TRUMP TWITTER question was debated on the Senate cation. ARCHIVE V2, supra note 11. floor, we had a vote, and a bipartisan Tragically, the attack on the Capitol 68. 167 CONG. REC. S648 (daily ed. Feb. 11, majority decided that we should pro- also cost the lives of three brave offi- 2021). ceed. As Manager JAMIE RASKIN said, cers, including Officer Brian Sicknick 69. IMPEACHMENT PROCEEDINGS II, supra note 2, at 43 (Trial Memorandum of the ‘‘[t]he jurisdictional constitutional who died from injuries sustained while United States House of Representatives). issue is gone . . . We are having a trial engaging with rioters. Two other offi- 70. See supra note 50 and accompanying on the facts.’’ cers died by suicide following the text. As we were all witnesses to what hap- events of January 6: D.C. Metropolitan 71. See Caitlin Emma & Sarah Ferris, Sec- pened on January 6, the facts are clear. Police Officer Jeffrey Smith and U.S. ond Police Officer Died by Suicide Following During the trial, we saw evidence that Capitol Police Officer Howard Capitol Attack, POLITICO (Jan. 27, 2021, 12:45 was haunting and chilling. But more Liebengood. PM), https://www.politico.com/news/2021/01/27/ than that, collectively, the evidence While much of the trial rightfully fo- second-officer-suicide-following-capitol-riot- presented a clear indictment of Presi- cused on what President Trump did on 463123 (‘‘Five people died as a result of the riots, and two officers later died by suicide— dent Trump’s role in threatening not and leading up to January 6, in many a death toll that has horrified lawmakers of only the lives of those at the Capitol, ways what he did not do was even more both parties and led them to demand answers but the very lifeblood of our democ- dangerous. After he sent the mob to from Capitol security officials.’’); Michael S. racy. the Capitol, putting law enforcement

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.056 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S943 in danger and threatening the safety of suits that were rejected more than 60 the actions of an individual intent on the Vice President, President Trump times by Federal courts at all levels. retaining power by any means nec- did nothing to stop the violence. De- This insidious effort culminated at the essary. spite calls from Republican leaders ‘‘Save America’’ rally on January 6 The actions of Donald Trump before, across the country, President Trump when the former President urged his during, and after the attack on the did not even send a tweet to defend our supporters to ‘‘fight like hell’’ and di- Capitol reflected our Constitution’s democracy. Hours after the rioters first rected them to march on Congress Framers greatest fear that a president breached the Capitol, he finally re- where the counting of electoral votes would do anything to retain power con- leased a video and told the rioters: ‘‘we had begun. trary to the will of the people. They love you; you’re very special.’’ The House Managers presented a de- knew well the dangers of a despot and President Trump betrayed his oath of tailed timeline of the former Presi- the capacity of power to corrupt the office to preserve, protect, and defend dent’s actions before, during, and after Republic they had established. That is the Constitution of the United States. the election that exposed his effort to why I voted to convict the former He incited a mob to attack the Capitol subvert the Constitution and defy the President to protect our system of gov- and prevent the peaceful transfer of will of the American people. The evi- ernment from those who would use power, and for that, he should be im- dence presented against the former their office to undermine our Constitu- peached. President demonstrated that he sought tion. Senate precedent, history, and On January 6, we were all awakened to undermine and ultimately overturn tradition clearly demonstrate that a to our responsibilities as Americans the results of the 2020 election. It former President could be convicted and as Senators. I will never forget showed that when his challenges in having been impeached by the House walking to the House Chamber around court had failed and the electoral re- while still in office. 4 a.m., with shattered glass from bro- sults had been certified, he turned his The former President’s legal team ken windows strewn in the hallway, attention and all the power of the Pres- made no persuasive argument as to joined by Senator BLUNT, Vice Presi- idency to January 6. He encouraged his how his remarks on January 6 would be dent Pence, and alongside two young supporters to come to DC to ‘‘stop the considered protected speech under the women who carried the mahogany steal’’ and pressured former Vice Presi- First Amendment or why he could not boxes holding each State’s electoral dent Pence to assert power he did not be convicted as a former President. As votes. We knew we had to return to do have under the Constitution to over- House Manager RASKIN said during his our jobs, and that night, we made clear turn the election. Trump amassed a argument, ‘‘if this is not impeachable to all: Democracy will prevail. crowd of individuals waiting for his di- conduct then what is?’’ I believe it fits Thank you. rection, including armed individuals squarely within the high crimes and Mrs. SHAHEEN. Mr. President, on who had planned an attack for weeks misdemeanors identified as an eligible January 6, 2021, the heart of American in response to the President’s claims offense for impeachment in the Con- democracy was attacked by a violent that the election was stolen. stitution. Thus, I exercised my respon- mob seeking to stop the counting of The former President’s actions had sibility as a juror to vote to convict electoral votes in Congress and the deadly and destructive consequences. and ensure that the actions of the peaceful transition of power. The Insurrectionists stormed the Capitol former President would not go un- peaceful transition of power is the hall- building, desecrating the seat of Amer- checked. mark of any healthy democracy and ican Government and the physical Donald Trump betrayed his oath of the foundation of our government by manifestation of freedom for people office and he betrayed the American the people. That tradition has endured across the world. The insurrectionists people. His actions must not go unan- in our country since the ‘‘Revolution of viciously beat police officers defending swered. The oath that I took and my 1800’’ when John Adams lost his elec- our democracy, vandalized the build- allegiance to it require that I preserve, tion to Thomas Jefferson, marking the ing, and terrorized those inside. All the protect, and defend the Constitution by first peaceful change of Executive while, the mob chanted ‘‘hang Mike voting to convict a former President party in the United States. Years later, Pence,’’ ‘‘President Trump sent us’’ whose zealous pursuit of unchecked Jefferson would write about the ‘‘Revo- and ‘‘traitor, traitor, traitor.’’ When power will forever be remembered as lution of 1800’’ and say, ‘‘for that was the attack was over, hundreds of police one of the darkest days in American as real a revolution in the principles of officers and others were injured, and history. As a U.S. Senator, I will con- our government as that of 76 . . . not five people were dead, including a tinue to take a stand against actions effected indeed by the sword . . . but brave Capitol police officer who lost that violates the fundamental norms by the rational and peaceable instru- his life defending our Capitol. The at- and ideals of American democracy. ment of reform, the suffrage of the peo- tack was viewed across the world and Mr. BENNET. Mr. President, for the ple.’’ Sadly, the attack on the Capitol has undeniably tarnished America’s second time in over a year, events com- was an attempt to return to the reputation as a beacon of freedom and pelled the Senate to hold an impeach- ‘‘sword,’’ and it was incited by the democracy. ment trial for President Donald President of the United States. What was the former President’s re- Trump. By once more acquitting the Donald Trump’s actions leading up to sponse to this treasonous attack on our President despite overwhelming evi- and on January 6 demonstrated what I constitutional process? It was to repeat dence of his guilt, the Senate has again believed following his first impeach- the sinister lies that had led to the at- abdicated its responsibility to the ment: He was unfit for the Presidency tack in the first place and refer to the American people and our democratic and betrayed his oath to faithfully exe- insurrectionists as ‘‘great patriots’’ Republic. cute the office of President and pre- whom he loved. The House Managers The Founders fashioned our constitu- serve, protect, and defend the Constitu- showed that the President could have tional system to at once defy history tion. Donald Trump engaged in a stopped the attack, but he chose in- and reflect its enduring lessons. They months-long campaign of lies and mis- stead to continue his effort to obstruct understood that since the first human information about voter fraud in the the counting of the electoral votes. Ac- societies, rule of the strong had pre- 2020 election to mislead the American cording to the testimony of Congress- vailed across ages of warlords, mon- people and maintain power. This cam- woman HERRERA BEUTLER submitted to archs, emperors, and tyrants. From the paign was waged with a singular pur- evidence, the former President re- examples of ancient Greece and Rome, pose: to overturn a free and fair elec- sponded to House Minority Leader they also knew that rule by the people tion through any means necessary. It KEVIN MCCARTHY’s pleas for help by was the fragile, flickering exception. included calls to State election offi- saying, ‘‘Well, KEVIN, I guess these peo- To ignite America’s experiment in cials in Georgia where he urged them ple (the insurrectionists) are more self-government, the Founders handed to ‘‘find votes’’ that would allow him upset about the election than you are.’’ us a constitutional system unique in to win the State; wild conspiracy theo- These are not the actions of a Presi- human history, with inalienable rights ries that voting machines had been dent trying to defend the Constitution for the people, free and fair democratic rigged against him; and baseless law- and uphold his oath of office; they are elections, the rule of law, and coequal

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.016 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S944 CONGRESSIONAL RECORD — SENATE March 1, 2021 branches of government to check the President Trump’s name as they I have walked through the perimeter unbridled ambitions that risked drag- smashed doors, broke windows, and each morning, I have reflected on those ging us into tyranny. Our system was looted private offices. They repeated who kept us safe from the President’s never perfect—far from it—but over 234 the President’s lies as they cursed, anti-democratic mob—the law enforce- years, Americans have fought and sac- speared, and bludgeoned the men and ment officials, the people who main- rificed to make it more democratic, women of law enforcement who de- tain and clean the Capitol, congres- more fair, and more free. fended our democracy. sional staff. They risked life and limb, The Founders also understood that, At virtually every step of the way, not only to defend Senators and Rep- however well-crafted the Constitution our constitutional system held its resentatives but to defend basic Amer- may be, its fate would inevitably de- ground because patriotic Americans ican principles of our constitutional pend on the public officials sworn to fulfilled their obligation to our Repub- order: free elections, the peaceful tran- protect it. They could give the Senate lic. From the Capitol Police to the non- sition of power, the rule of law, and the the unique power to convict a Presi- partisan election officials, to the State separation of coequal branches of gov- dent, but they could not guarantee and Federal judges, to the Vice Presi- ernment. Senators would exercise that power dent of the United States—all refused And then I think about the State and when the moment required it. to bend to the President’s lawless de- local officials, many Republicans, who Their fears were realized on February mands. We should shudder to think held their ground under pressure from 13, 2021, when the Senate failed to con- how events would have unfolded if the President of the United States, vict President Trump, a man who de- these Americans had made a different often accompanied by threats from fied every standard of conduct and de- choice. angry citizens caught up in his ‘‘Big cency the Founders expected of public Yet somehow, confronted with these Lie’’ that an election he lost by over 7 officials. examples of individual patriotism and million votes was somehow stolen from Months before Americans cast their the overwhelming evidence of the him. These brave men and women did ballots, Donald Trump made our de- President’s impeachable offenses, 43 their duty to protect our constitu- mocracy his enemy—manufacturing Senators still voted to acquit, includ- tional system. false claim after false claim to under- ing the Senator minority leader, MITCH They are true patriots no different mine the 2020 election. He warned the MCCONNELL. than the millions of other citizens who election would be stolen or rigged, dead The minority leader refused to con- have done their part to defend the way test the case laid out by the House people would vote, and voting ma- of life we share under our Constitution. managers. He conceded that President chines were not trustworthy. He re- They join the African-American regi- Trump was ‘‘practically and morally peated these claims incessantly on so- ments who defended the Union in the responsible for provoking the events’’ cial media, at his rallies, and in inter- Civil War, the code talkers in World of January 6, committing what he view after interview on cable news. He War II, and the sons and daughters of called ‘‘a disgraceful dereliction of repeats these lies to this day. immigrants who have defended our duty.’’ Instead, the Senator hid behind When Donald Trump lost the election country from Yorktown to Normandy a strained reading of history and by over 7 million votes, he refused to to Kandahar. dodged his duty to hold President concede. Instead, he waged a months- The Constitution of the United Trump accountable on the feeble long war against the peaceful transi- States is not a machine that runs ground that the Senate lacked jurisdic- tion of power. First, he challenged the itself; it is an exercise in self-govern- tion. Through this sophist sleight of election results in court. He lost 61 out ment. American citizens—including hand, the minority leader tried to of the 62 cases, often being howled out those elected to serve them in the Sen- place one foot on the right side of his- of court by Federal judges, many ap- ate—must keep it working and always tory without taking the hard vote it pointed by the President, for failing to ensure that it becomes more demo- produce any evidence of widespread actually required. In doing so, he pro- vided cover to every Republican Sen- cratic, more fair, and more free. fraud. Former Attorney General Wil- As Americans, we should take com- ator who joined him to acquit Presi- liam Barr, one of the President’s most fort that there have been many, from dent Trump, including many who have steadfast allies, confirmed that there Frederick Douglass and Susan B. An- failed to denounce the former Presi- was no such evidence. thony to the other courageous citizens dent for anything he has done to under- So the President changed course. He who rose to moments far more difficult threw the weight of his office against mine American democracy. The Constitution grants the legisla- than our own to protect the Republic State and local officials hoping he tive branch authority to hold account- and push it closer still to our highest could coerce them into overturning able any President who would seek to ideals. their States’ lawfully conducted elec- undo our democratic system of govern- They are why the United States re- tion. He called election officials in ment. This Senate’s refusal to exercise mains, for now, the longest lasting gov- Wayne County, MI. He summoned this authority and convict Donald ernment by the people in human his- State senators from Michigan and Trump is a stain on this body. We had tory. But as the Founders understood, Pennsylvania to the White House to the responsibility to serve as a check democracy will always be vulnerable to urge the legislature to intervene. His on his anti-American actions and re- demagogues who stop at nothing to aides hounded the Governor of Arizona assert the standard of government our hold on to power. History will record to echo the President’s baseless claims Founders imagined. We chose other- the names of those who stood on the about the election. Most notoriously, wise. side of the Constitution, passing down he browbeat Georgia Secretary of State With the permission of the Senate’s to the next generation the high stand- Brad Raffensperger in a recorded phone acquittal, Donald Trump refuses to ard of citizenship our democracy de- call to ‘‘find’’ another 11,780 Trump admit his defeat and continues to mis- mands. Hopefully, a future Senate will votes and badgered the Vice President lead his supporters that the election meet that standard. to reject the certification of the elec- was stolen. In so doing, he continues to Mr. BLUMENTHAL. Mr. President, toral results. In my view, these actions perpetuate, in another form, the insur- in this impeachment trial, every Sen- alone warranted impeachment. But he rection he unleashed on January 6. ator was a juror, but also a witness and didn’t stop there. Our democracy stands today, not as a victim of the violent insurrection Don- In the end, President Trump stopped result of our actions, but those of law ald Trump incited. The case was at nothing. As Congress gathered on enforcement officials at the Capitol straightforward. Former President January 6 to certify the electoral col- and State and local officials in Michi- Trump instigated an armed riot seek- lege results, he incited a mob to invade gan, Pennsylvania, Georgia, Arizona, ing to overthrow a lawful election and the Capitol and ‘‘stop the steal.’’ They and Wisconsin—men and women who possibly even injure or assassinate scaled, as if it were an enemy rampart, didn’t surrender to President Trump’s elected officials. the platform built for President-elect tyrannical demands. I spent most of my career enforcing Biden’s inauguration and the peaceful Nearly 2 months later, the U.S. Cap- laws, including two decades as Con- transition of power. They chanted itol remains ringed with razor-wire. As necticut’s attorney general. In this

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.017 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S945 role, I learned the power and the sig- and breached the building. They killed Through video, pictures, and quotes, nificance of accountability. When a 42-year-old Capitol Hill police officer they outlined how the President of the wrongdoers enjoy impunity for their and Air Force veteran, Brian Sicknick. United States engaged in a months- actions, they and others like them are They did stop the vote counting, if long campaign to discredit the legiti- emboldened. only temporarily. They injured many. mate election results of the 2020 elec- The first time former President Members of Congress removed con- tion—a deranged campaign that began Trump was impeached by the House, he gressional pins to avoid identification before a single vote was cast. had pressured a foreign government to from the mob. Senators ran from the This unprecedented campaign of mis- corrupt the American election process, Senate Chamber. They ran for their information, pushing the ‘‘Big Lie,’’ in- extorting a vulnerable, fledgling de- lives. Rioters flew a Confederate flag, a fected a significant contingent of the mocracy to help him cheat in a Presi- symbol of hate that did not fly in the President’s supporters. They came to dential election. Capitol even at the height of the Civil Washington, DC, at Trump’s invitation This time, former President Trump’s War. and inciteful rhetoric. They followed attack on American democracy was Donald Trump watched this deadly his direction on January 6 to storm the more direct and violent. The insurrec- attack unfold with glee from the Oval Capitol and tried to stop us from car- tionists forced us to flee for our lives, Office. On national TV, he told the in- rying out our constitutional duty to to place desperate, seemingly final surrectionists that he loved them. ‘‘I certify the election for the lawful win- calls to loved ones. A Capitol police of- know you’re hurt,’’ he consoled the ri- ner of the Presidential election, Joe ficer died protecting us. oters. ‘‘We love you. You’re very spe- Biden. I have the same fear now, only great- cial.’’ He did not lift a finger to help The evidence presented by the man- er, that I felt at the close of former anyone threatened with violence, in- agers is solid and irrefutable, and the President Trump’s last impeachment. cluding his Vice President. President’s lawyers made almost no ef- By again refusing to hold former Presi- As a result of former Donald Trump’s fort to try. Given the jury they were dent Trump accountable, the Senate is incitement, an angry mob stormed the facing, I don’t blame them. Almost paving the way for another would-be Capitol with every intent to harm every Senator in this Chamber was tyrant to break laws and norms to re- elected officials and disrupt the peace- there that day. Senators OSSOFF, tain power. ful transfer of power. Not only has the WARNOCK, and PADILLA weren’t sworn We in the Senate are obligated to up- world lost Brian Sicknick, two other in until January 20. We all experienced hold our oaths to support and defend Capitol Police officers have died by sui- the unthinkable that day, and we are the Constitution against all enemies, cide. Several members of the mob were all processing it differently. The vio- foreign and domestic. Our oaths obli- killed. lent insurrection shook many of us to gate us to hold former President The Senate’s failure to convict in- the core. For some of us, the events of creases the specter of another would-be Trump to account for his incitement of that day were so chaotic that the full tyrant, as well as Donald Trump, seek- a violent attack on the U.S. Capitol, magnitude of what was happening ing again to mobilize a mob to over- the symbol of American democracy wasn’t clear at the time. throw democracy. Violent extremism Both as part of the trial evidence and around the world. through interviews and statements, we The case against Donald Trump was has been emboldened. It is a present, immediate danger. have learned more fully the measure of proven convincingly with videos and My colleagues know that former danger we faced as Donald Trump’s voice recordings so powerful that this President Trump lost the 2020 Presi- murderous mob assaulted the Capitol printed word can never capture their dential election. They know that more campus. The managers’ case and other force. The former President’s offense in than 60 courts tossed out his attempts media has given us all a better picture this case is as dangerous as it is to drum up baseless allegations of of the terror. straightforward. He spent months of voter fraud. They know that the direc- There are stories of bravery, like his Presidency telling and retelling the tor of Cybersecurity and Infrastructure that of Officer Eugene Goodman and ‘‘Big Lie.’’ The lie that no matter how Security Agency, a lifelong Repub- his U.S. Capitol Police colleagues. the American people voted at the bal- lican, certified the election was safe The footage of Officer Goodman lot box, he was the only legitimate and secure. And they know that former misdirecting the mob marauding winner of the 2020 Presidential elec- President Trump incited the insurrec- through these halls is remarkable. Put tion. That the election was stolen from tionists to attack the Capitol on Janu- yourself in his shoes. How many of us him, that anyone who disagrees is un- ary 6. would have acted as quickly in the face American, a traitor. Democracy is not our default state of of a rushing wave of hate? He has As Manager LIEU explained at trial, being. Democracy thrives only so long rightly been commended for his deci- at a certain point in his efforts to un- as the institutions that support it sive, nearly superhuman response. All dermine the 2020 election, ‘‘Trump ran thrive. And democratic institutions across the complex, his colleagues bat- out of non-violent options to retain will only thrive and persist through tled with insurrectionists who as- power.’’ hard work, active work, dedicated saulted them with bats, bear spray, and Donald Trump encouraged, work of our elected officials. For 4 other weapons in close quarters—these emboldened, and even helped build a years, former President Trump con- were scenes from a war zone, not the mob of violent extremists that he in- tinuously attacked our basic norms heart of the U.S. Government. While vited to Washington, DC, and incited to and institutions of democracy. For 4 their bravery is commendable, Capitol storm the Capitol. While some Mem- years, he normalized chaos. Our job Police and the other law enforcement bers of Congress were serving the now—Republicans, Democrats, Inde- agencies that eventually assisted to re- former President in seeking to subvert pendents—is to restore. We must dedi- store order should never have been in American democracy by objecting to cate ourselves to restoring the rule of that position. But for the President of vote counting, Trump was imploring law, the protections of rights, and the the United States sending a mob of vio- the mob to do the same. He told sup- integrity of institutions. And that task lent insurrectionists to the Capitol, porters to ‘‘never give up’’ on the ‘‘Big starts with accountability for all those they would not have. Lie.’’ He told them that ‘‘this election who perpetrated the damage. There are other chilling stories that was stolen from you, from me, from the Ms. HIRONO. Mr. President, I rise should make every American’s heart country.’’ He said, ‘‘if you don’t fight, today regarding the second impeach- race. The audio of the Speaker’s staff you are not going to have a country ment of Donald Trump. barricaded in their office, whispering anymore.’’ He told the insurrectionists The House managers made their case. into the phone, voices trembling, beg- to go to the Capitol, and he even lied to Based on the evidence they presented ging for help. The silent Capitol secu- them that he would be going with and the events we all experienced, Don- rity footage showing just how close the them. ald Trump should be convicted and pro- Vice President, Senators, Representa- The resulting violence, clearly fore- hibited for holding office ever again for tives, and staff came to harm. The vid- seeable, was horrifying. They marched inciting a violent insurrection at the eos of chanting, gleeful, rioters dem- to the Capitol. Rioters broke windows U.S. Capitol on January 6. onstrating their horrifying fealty to

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.015 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S946 CONGRESSIONAL RECORD — SENATE March 1, 2021 Donald Trump’s lies as they broke him to push the boundaries of our po- I voted to convict and disqualify down doors and ransacked offices and litical discourse further. former President Donald Trump be- the Senate floor. The story that my Republicans have another chance to cause he violated his oath of office and friend Senator MURRAY has told of stand up for our democracy and against because our future leaders must know being trapped in her office with her authoritarianism. They have a chance that such abuses of power will not be husband. The mob pounding on the to accept the reality that has been tolerated in a free and democratic soci- door while he tried to hold it shut with clearly outlined for them in video, ety. I will continue to call out these his foot. The absolute terror she must audio, and their own experiences. They abuses and to keep those in power ac- have felt hoping that the door was can make a strong statement that po- countable. locked and that help would come litical violence is unacceptable in the Mr. MARKEY. Mr. President, the es- quickly. They were inches away. The United States. They can—and should— sence of any American President’s job rest of us there that day were at least vote to convict Donald Trump and bar is set forth in the oath he or she feet away. I am sure that we all called, him from ever holding office again. swears—an oath that the Founders con- texted, and thought of loved ones. Try- This is the real first, meaningful step sidered so fundamental that they put it ing to reassure them but not actually that we can take to achieve the unity in the Constitution. And that job is to knowing if that was true. Feeling from that we all claim to want. preserve, protect, and defend the Con- far away their helpless anguish for us I will vote to convict. I hope that stitution of the United States. and the utter terror and disbelief that this time, more than one of them will A President who violates that oath something like this could happen in be brave enough to lead by standing up has committed an impeachable offense. our country. To the U.S. Capitol, of all and doing what is right. That is a truth. There can be no rea- places. Ms. WARREN. Mr. President, I would sonable dispute that a President who The U.S. Capitol is the heart of our like to enter a statement into the fails at this basic responsibility is unfit democratic system of government. record. to remain in office and cannot and While we may disagree vociferously, The President swears an oath to should not be permitted to hold that debate passionately, and represent peo- faithfully execute the Office of the office again. ple and communities with deeply diver- Presidency and to ‘‘preserve, protect, Not only did Donald Trump fail to gent views, Congress exists to find and defend the Constitution of the uphold his oath, he took steps intended common ground without resorting to United States.’’ At the very core of to violate it. It wasn’t mere negligence. violence. This simple fact—that as a that oath is a commitment to democ- It wasn’t even recklessness. Donald country we solve our problems through racy, to government of the people, for Trump engaged in an active, willful, democratic institutions and debate—is the people, and by the people. intentional attack on our Constitution a source of our strength and global President Trump tested that commit- and our democracy. leadership. I have strong disagreements ment. Americans endured a pandemic Donald Trump incited to violence with a number of my colleagues. I while casting their votes in the Novem- and riot a mob that attacked the U.S. know many of them disagree with me. ber 2020 election. Following that elec- Capitol and our government. That is a But each day we come to the Senate tion, the outgoing President baselessly high crime and misdemeanor. We all floor and voice those disagreements sowed doubt about its legitimacy and saw and heard the evidence during the without fear for our safety. On January refused to commit to a peaceful transi- trial. The video. The audio. The tweets. 6, that basic level of understanding— tion of power. In the days leading up to The statements. The affidavits. the very thing that separates our coun- January 6, 2021, President Trump agi- Months before the election, Donald try from so many others—was shat- tated his most dangerous supporters, Trump laid the groundwork for this in- tered by the assault on the Capitol. who had already shown a propensity surrection, arguing he would only lose And worst of all, that insurrection was for violence, and called on them to the election if there were fraud. After incited by a sitting President of the interfere with Congress’ duty to for- he lost, he repeated over and over United States. mally count the votes of the electoral again the ‘‘Big Lie’’ that the election In some respects, it is difficult to college. Donald Trump wanted a riot to was stolen. He agitated his supporters know how best to move forward from take place on January 6. We know be- who falsely and wrongly believed that that awful day. We came back. We did cause he said so. And when police offi- the election was rigged. our jobs. And we are still here doing cers defending the Capitol were over- Trump beckoned a mob to Wash- what our constituents sent us here to run by his mob, he did nothing. Democ- ington for a rally when he knew the do. The Capitol may have been changed racy is at its most fragile at the mo- Congress would be counting the elec- indelibly for many of us. ment of transition, and that fragility is toral ballots. Trump’s people knew Again, to turn to the words of my exactly what the former President from law enforcement bulletins and in- friend Senator MURRAY the bipartisan sought to exploit. telligence that the mob was armed and actions shown in Congress in the wake During President Trump’s second im- dangerous. Yet, he riled them up and of the September 11 attacks helped to peachment trial, his defense tried to then sent them up Pennsylvania Ave- restore some semblance of safety and paint for Americans a picture of a nue to the Capitol. That rally became security. That common response is ab- President who called for peaceful pro- an orgy of violence and hate. Mayhem sent today. test and who bears no responsibility for and destruction ensued, all in Donald To begin to heal, we need account- the January 6 assault on the People’s Trump’s pursuit of staying in office be- ability. We need to live up to our con- House. But the President’s actions yond his term. Of ignoring our Con- stitutional oaths and the sacred duty took place before our eyes. His conduct stitution. Of preventing a peaceful our constituents bestowed on us when before, during, and immediately after transfer of power. Of promulgating the we were elected: to uphold the law, to the assault on the Capitol is well Big Lie. Donald Trump did not express stand for their values, and, when nec- known to the American public. He is horror or outrage at the scenes playing essary, to stand for our own. We can uniquely responsible for the events of out live on television. He did not only start to heal when we have ac- January 6. quickly and decisively urge his sup- countability and justice for what hap- Americans spoke clearly and force- porters to stop. He did not immediately pened. To achieve this, we need those fully in November when they elected a call out the National Guard. He did not who are in leadership positions to lead. new President. Donald Trump’s at- show any concern for the law enforce- Republicans failed to lead last year tempt to cling to power through lies ment officers being beaten, maimed, when they voted to acquit Donald and violence is just what the Framers and even killed at the Capitol. He re- Trump for his corrupt actions in deal- of our Constitution feared. But part of portedly delighted in what was hap- ing with Ukraine by conditioning mili- the brilliance of our Constitution’s sep- pening, unable to comprehend why oth- tary assistance on receiving political aration of powers is that we, the Con- ers were not excited about it like he dirt on Joe Biden. Their failure to lead, gress, have the power and obligation to was. And he has never shown any re- to hold Trump accountable, and frank- defend against such gross misconduct morse or an ounce of contrition or ly to constrain his mania, emboldened through impeachment. taken any responsibility. Instead, he

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.021 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S947 has maintained that he acted perfectly tweeting words of encouragement to some of whom lost their lives and were appropriately. the rioters. There was a siege actually seriously injured—who carried out The Senate of the United States sat happening in the Capitol. There was no their patriotic duty to protect mem- as an Impeachment Court, with Demo- longer rhetorical fighting; there was bers of Congress that day. crats and Republicans serving as ju- actual fighting. On television. Live for However horrible the violence was— rors. But the vast majority of those everyone to see. and how angry I have been about it—I Republicans were more interested in The House managers proved their believe that it is imperative, for the fu- fealty to Donald Trump than loyalty to case with facts and evidence. Donald ture of our democracy, to examine our country. They were more con- Trump incited and relished in an effort closely the totality of the precedents, cerned about Trump’s base than basic to violently overthrow our govern- impeachment proceedings, and evi- justice. They were willing to ignore the ment. He invited. He incited. He de- dence, and to be as dispassionate and truth to embrace the Big Lie. lighted. impartial as possible in this case. I had hoped the House managers Anyone who is opposed to abolishing That is why I cast my vote, on Feb- would call witnesses. Clearly, there the filibuster need only look at the ruary 13, 2021, to acquit former Presi- were individuals with direct knowledge vote to acquit and see how Republicans dent Trump on the single Article of Im- of Trump’s state of mind during the in- willfully blinded themselves to truth peachment, ‘‘incitement of insurrec- surrection, the danger at the Capitol as and facts in fealty to Trump and their tion.’’ it unfolded, and his support of it. But party. Their votes to acquit once again The primary purpose of impeachment even before we debated potential wit- show our hurdles to progress: Repub- in our constitutional system is to re- nesses, Republicans had made up their lican political calculations and their move an official from office—to, ac- minds. They were unmoving in their fe- dereliction to truth and justice. cording to Justice Story, divest an offi- alty to Trump. Republicans were will- The final tally on the vote to acquit cial ‘‘of his political capacity.’’ The fully blind to the truth and the facts of does nothing to reassure me that Re- House’s single Article of Impeachment the case. publicans are willing to work together emphasized this need to remove Presi- The rioters wanted to kill Vice Presi- and transcend party politics. Repub- dent Trump from office. Regarding this dent Pence and House Speaker PELOSI. licans had the opportunity to recognize case before the Senate, President Don- They told us so. We know that the west that faith in the Constitution is a faith ald Trump had already been removed side of the Capitol was breached around that we all share. Instead, they ignored from office by a vote of the American 2 p.m. and that the rioters had overrun the Constitution for a Big Lie. How can people this past November. Thus, pur- the Capitol. We know that the mob was we expect them to work in good faith suing impeachment in this case creates approaching the Senate floor when our with Democrats to respond to the big a troubling precedent in which former session was abruptly recessed at 2:13 challenges facing our Nation when they officials—private citizens—can face im- p.m. We know that Vice President refuse to accept undeniable facts? peachment and conviction. PENCE was whisked off the Senate floor The only reasonable conclusion based Therefore, the fundamental issue in and that he was in mortal danger, as on the evidence presented at the trial this impeachment trial is not removal were all Members of Congress in their was that Donald Trump committed an from office but whether the Senate has Chambers doing their constitutional impeachable offense, should have been or should accept jurisdiction to try, duty. We know that all this was play- convicted, and should have been barred convict, and disqualify Donald Trump, ing out in real time on television and from holding future office. Republicans a private citizen, from any future that Donald Trump had to know it was refused to accept or acknowledge that. elected office based on the House’s sin- happening. And yet, about 10 minutes I fear that with their votes to acquit, gle article of impeachment—incite- later, at 2:24 p.m., knowing all this, they have sown the seeds of another ment of insurrection. Donald Trump tweeted an attack at his violent attack on our Constitution and The House and Senate have never be- own Vice President. ‘‘Mike Pence did our democracy. fore claimed or exercised such im- not have the courage to do what should Mr. SULLIVAN. Mr. President, the peachment jurisdiction over a former have been done to protect our Country impeachment trial of former President President. I do not believe that the and our Constitution.’’ And we know Donald Trump marked the third time Constitution empowers the Senate to that around 2:26 p.m., Donald Trump in 1 year that the Senate has had to have such impeachment jurisdiction. In called Senator TUBERVILLE not to as- confront significant constitutional and his renowned ‘‘Commentaries on the certain what was happening, not ask institutional questions with con- Constitution,’’ Justice Story comes to how the Vice President was or to offer sequences that will undoubtedly rever- the same conclusion, although to be aid and assistance against the insurrec- berate into the future. As always, I am fair, there are others who do not. I be- tion. No, Trump called to ask Senator guided by the Constitution, historical lieve that the precedents set in claim- TUBERVILLE to delay the certification. precedent, and ‘‘a deep responsibility ing that the Senate can try former It is clear whose side Donald Trump to future times,’’ as stated by Supreme Presidents who are private citizens was on. Court Justice Joseph Story, our Na- have the very real potential to do sig- There is no First Amendment defense tion’s first great constitutional schol- nificant long-term damage to our con- to what Donald Trump did. The First ar, two centuries ago. This is what has stitutional order, individual liberties, Amendment has no application in an informed me during last year’s im- and the proper functioning of our Re- impeachment proceeding, which does peachment, the electorial college cer- public in a way that we will come to not seek to punish unlawful speech, but tification in January, and now another regret as a nation. to protect the Nation from a President impeachment. Additionally in this case, the House who has violated his oath of office. This has been a disheartening episode undertook a ‘‘snap impeachment’’ in 48 But even if the First Amendment ap- for a divided America. Make no mis- hours with no hearings, no witnesses, plied, even if we bought Trump’s law- take: I condemn the horrific violence no record, and no defenses presented. yers’ bogus claims that the First that engulfed the Capitol on January 6. When asked about this during the Sen- Amendment can be a defense, the argu- All those who undertook violence on ate trial, the House managers stated ment utterly fails. Trump’s lawyers re- that day should be prosecuted to the that constitutional due process protec- lied on the Supreme Court’s decision in fullest extent of the law. I also con- tions for a defendant in an impeach- Brandenburg v. Ohio, but Brandenburg demn former President Trump’s poor ment are ‘‘discretionary’’ or, in other explained that the First Amendment judgment in calling a rally on that words, not required. This troubling protects advocacy, ‘‘except where such day, and his actions and inactions declaration is now a precedent in the advocacy is directed to inciting immi- when it turned into a riot. His blatant House. Combining this ‘‘no Due Proc- nent lawless action and is likely to in- disregard for his own Vice President, ess/snap impeachment’’ precedent with cite or produce such action.’’ Once the Mike Pence, who was fulfilling his con- the additional power of the Senate to Capitol was breached, the lawless ac- stitutional duty at the Capitol, infuri- try former officials, who are now pri- tion was no longer imminent, it was ates me. I will never forget the brave vate citizens, amounts to a massive ex- actual. And Donald Trump was still men and women of law enforcement— pansion of Congress’ impeachment

VerDate Sep 11 2014 08:38 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.012 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S948 CONGRESSIONAL RECORD — SENATE March 1, 2021 power never contemplated by our and that this dispiriting chapter in ald Trump released two campaign ads Founding Fathers. The temptation to American history won’t deter them claiming the election was a ‘‘fraud’’ use such power as a regular tool of par- from speaking out in defense of their and instructing his supporters to ‘‘stop tisan warfare in the future will be beliefs. the steal.’’ His campaign paid $50 mil- great and has the potential to incapaci- This has been a difficult time for our lion dollars for the ads and ran them tate our government. Nation. My vote on February 13 was up to and until January 5, 2021. Those in favor of expanding impeach- not in defense of the former President’s Those who heeded that well-funded ment jurisdiction to include the former conduct on January 6 with which I call understood what President Trump President primarily point to the poten- fully disagreed, particularly his twitter was asking. They didn’t just come with tial for Presidents or other officials to attacks on Vice President Pence, as protest signs; they came with hand- commit impeachable acts near the end the Vice President undertook his con- cuffs and rifles, bear spray and tactical of their term or shortly before resign- stitutional duties to preside over the gear, Molotov cocktails and crossbows, ing. The House managers called this a electoral college vote at the Capitol. and walkie talkies for communication. ‘‘January exception’’ to impeachment. At the end of the day, my obligation On January 6, at a rally just before They argued that this would allow such is to rise above the passions of the mo- noon, Donald Trump asked the large individuals to escape culpability and ment and to carefully consider the de- crowd assembled before him to march would frustrate the purpose of im- cisions we make today and the rami- on the Capitol. He asked them to fight peachment to hold public officials ac- fications they will have for our coun- ‘‘like hell’’ because ‘‘if you don’t fight countable. This is a legitimate con- try’s future. I believe that my vote to like hell, you’re not going to have a cern. However, there are other rem- acquit fulfills that obligation. I want country anymore.’’ edies available to punish such conduct Alaskans and Americans to know that Despite knowing that there had been of a former President through the judi- throughout all of this, my guiding concerns for months about potential cial system, if warranted. The Con- light has been both fidelity to Alaska violence surrounding the election, Don- stitution explicitly provides that and to our Constitution. ald Trump urged those at the rally 20 former officials can be subject to Ms. CORTEZ MASTO. Mr. President, times to ‘‘fight.’’ He also called on criminal prosecution for their actions during this impeachment trial, I have them to ‘‘stop the steal,’’ declaring while in office, regardless of impeach- adhered to the oath I swore at the ‘‘you’ll never take back our country ment. Moreover, even if such conduct trial’s outset to ‘‘do impartial justice,’’ with weakness.’’ eludes judicial review, the American and I have listened with care to the Inspired by President Trump’s words, people are well equipped to judge polit- facts and law presented to me as a his supporters began streaming toward ical conduct and pass their judgement juror. the Capitol, where they eventually upon it. For that reason, and as I em- These facts compel me to conclude overwhelmed its defenses and threat- phasized last year following the pre- that Donald Trump is guilty of inciting ened those inside. Those in danger in- vious impeachment trial, I believe it an insurrection against our Republic. cluded the Vice President, the Speaker can be left to the wise judgement of the As the evidence presented by the of the House, Members of Congress, American people on whether or not the House impeachment managers has countless staffers, and thousands of former President should be disqualified made clear, Donald Trump used the members of law enforcement. from future office. powers at his disposal to ensure he And when Donald Trump saw that his Even if this Senate was empowered could keep his grip on the Presidency supporters were battling U.S. Capitol by the Constitution to hear this case, I even though he lost the election. Police officers and DC police, he said do not believe that the House managers As the sitting President and a can- nothing to stop them for more than 2 met their burden in proving the crit- didate for reelection, Donald Trump hours, even when he knew that Vice ical issue at trial—whether the former cast doubt on the results of that elec- President Pence, one of his most loyal President intended there to be violence tion for months, arguing that the only political allies, was in danger. More, he at the Capitol as a result of his speech way he would lose at the polls was by tweeted further criticism of Mr. Pence at the Ellipse on January 6. Further- fraud. Then, after losing to Joe Biden as the Vice President’s Secret Service more, the House managers claimed, in by a margin of 7 million votes in a free detail was laboring to whisk Mr. Pence arguing their incitement charge, that and fair election, Donald Trump to safety. First Amendment political speeth pro- claimed it was a ‘‘fraudulent election.’’ Donald Trump was willing to do al- tections do not apply to elected offi- As our system of government allows, most anything to convince Vice Presi- cials in impeachment proceedings. A Donald Trump turned to State and dent Pence to violate his duty to the conviction based on this breathtaking Federal courts to hear his allegations Constitution, and so the Vice President precedent has the potential to signifi- of widespread fraud. Some of those had a target on his back. cantly further undermine core con- courts were presided over by judges In other words, those who came to stitutional protections for Americans who Donald Trump himself had se- Washington at former President and their ability to undertake political lected. Again and again, those courts Trump’s request and attacked the seat speech in the future. rejected the allegations of fraud as of our democracy were trying to do ex- Finally, laced throughout the House baseless. actly what they believed Donald managers’ presentations were subtle Even Trump’s own Attorney General, Trump asked them to: prevent the cer- and not-sosubtle indictments, not just William Barr, publicly declared that he tification of Joe Biden as President- against the Capitol rioters who fully had found no evidence of fraud that elect. deserve condemnation but against all could have ‘‘effected a different out- That is why they frankly admitted, supporters of the former President, come in the election.’’ both during the Capitol riot and later which of course includes many Alas- Faced with defeat in the courts, Mr. to law enforcement, that they were at kans. This sentiment is one that can- Trump nevertheless pressured officials the Capitol because ‘‘[o]ur president not and should not be allowed to be at every level of both State and Fed- wants us here.’’ perpetuated. In my view, this will not eral government, including his own In response to all these facts, Donald bring about the kind of unity that our Vice President, Mike Pence, to change Trump argues that the Constitution Nation needs now. In contrast to what the election results. does not permit ex-Presidents to be some of the House managers implied at When those efforts failed, he encour- tried for impeachment and that the this trial, the vast majority of Ameri- aged his supporters to come to Wash- First Amendment protects his right to cans and Alaskans who had supported ington, DC, on January 6, the day when encourage an attack on our democracy. President Trump were appalled by the Congress would certify the electoral These arguments are lawyerly fig violence on January 6. Such Alaskans college votes for Joe Biden. He claimed leaves. Mr. Trump relies on them so supported this President because of his that the election was stolen and heavily because his own behavior is in- polices that helped our State. I will tweeted ‘‘We have just begun to fight,’’ defensible. continue to work to make sure that promising that on January 6, it would The vast majority of legal scholars these Alaskans’ voices are not silenced be ‘‘wild.’’ On December 11, 2020, Don- agree that the First Amendment does

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.019 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S949 not apply in this instance because the justice, ensure domestic tranquility essary to form a strong republic. Hav- incitement of an insurrection is not . . . do ordain and establish this Con- ing just shed the bonds of the British protected speech under the Constitu- stitution.’’ America cannot be tranquil Monarchy and its infringements upon tion. They also believe the Constitu- unless its leaders forswear violence and the liberties the delegates so des- tion allows for the impeachment and stand up for democracy. That is why I perately wanted to protect, there was trial of public officials after they leave voted to convict Donald J. Trump of much skepticism toward this idea. In office, particularly when, as in this high crimes and misdemeanors against order to abate these concerns, the Con- case, the public official was impeached the American people. stitution’s Framers provided for a by the House of Representatives while Unfortunately for our country, many means of removing an Executive, a still in office. of my colleagues did not agree. I know Presidential impeachment. Otherwise, all an office-holder would this is difficult news for many Amer- After much debate over particular have to do to protect him or herself ican patriots, who, just as I do, love wording, article II, section 4 of the from punishment would be to resign and cherish our democratic traditions, Constitution adopted by the delegates just before impeachment. The Senate the rule of law, and the centuries-old reads: ‘‘The President, Vice President has implicitly or explicitly agreed with tradition of the peaceful transfer of and all civil Officers of the United this view three times in our Nation’s power. To that majority of Americans, States, shall be removed from Office on history; first, in the very first im- I want to say: We must not lose faith in Impeachment for, and Conviction of, peachment trial against former Sen- our system of government. We must Treason, Bribery, or other high Crimes ator William Blount of Tennessee, held work all the more diligently to protect and Misdemeanors.’’ during the lifetime of the Founders; it. This is the fundamental impeach- second, in 1876 when Secretary of War Right after Supreme Court decided ment provision contained in the Con- William Belknap resigned just hours the Dred Scott case—the most odious stitution and provides the primary evi- before the House voted to impeach him case in our long legal history—the dence as to why the lone Article passed for bribery and corruption; and finally, great abolitionist and orator Frederick out of the House as well as the subse- in this impeachment trial of Donald Douglass gave a speech. I turn to this quent trial in the Senate, was uncon- Trump, when a bipartisan majority of speech whenever I am in need of hope. stitutional. As this section shows, im- Precisely when slavery seemed to the Senate agreed that this trial could peachment refers to ‘‘the President’’ have won a decisive victory, Frederick proceed in spite of the defendant’s ob- and other officials, and it provides that Douglass, himself a former slave, said jections to its constitutionality. that they shall be ‘‘removed from Of- in that speech that his ‘‘hopes were My colleagues understand that the fice.’’ Donald J. Trump is no longer the never brighter than now.’’ He believed Constitution gives Congress the power President of the United States and that the world would see what a ‘‘scan- to impeach, convict, and disqualify a therefore can no longer be removed dalous tissue of lies’’ the Supreme former officeholder. This is true be- from office. He is a private citizen. cause otherwise, the country would be Court’s decision in Dred Scott was. And he was right. History holds that Further evidence that Donald Trump vulnerable to a President of either is no longer the President and there- party who could flout any law but re- Court case as one of the most shameful in our history, and I believe it will fore that this trial is unconstitutional sign to be insulated from consequences. can be found within the Senate’s im- As the House managers have argued, likewise condemn Donald Trump’s in- peachment authority: Article 1, section if anything is impeachable, it is a citement of the Capitol attack. So 3 provides that ‘‘When the President of President inciting his followers to vio- today I remain hopeful because the the United States is tried, the Chief lence to overturn a legitimate election. people of Nevada and all Americans Our Founding Fathers held democ- have been able to see the truth for Justice shall preside.’’ Chief Justice racy sacred. They feared a demagogue, themselves, and they understand that John Roberts did not preside over the a leader who would pervert the Con- Donald J. Trump must never again be impeachment trial, and instead that stitution in order to keep power, and trusted to protect our sacred democ- role was filled by the senior Senator ATRICK LEAHY. In a they sought to protect the new Repub- racy. from Vermont, P statement, Senator LEAHY himself lic from such a president. Ms. SMITH. Mr. President, the facts Donald Trump is the person the and the evidence were overwhelming: stated that the President pro tempore Framers feared. He poses an existential Former President Donald Trump lied of the Senate ‘‘has historically pre- threat to American democracy. He has for months to his supporters, sum- sided over Senate impeachment trials shown himself willing to use almost moned them to Washington, and in- of non-presidents.’’ These facts dem- every measure at his disposal to gain cited a violent insurrection against our onstrate that Chief Justice Roberts de- and retain power, even if it means government and our democracy. I clined to preside over the trial because overturning a free and fair election voted to convict because no reasonable he did not believe that he had a con- through violence. person can listen to all the evidence stitutional role and that Senator We can have no doubt what our presented and believe otherwise. LEAHY acknowledged that Donald Founding Fathers would have made of Mr. MARSHALL. Mr. President, I Trump was no longer an officeholder. him: He was exactly the kind of person would like to submit this statement for Finally, article 1, section 3 provides, they wanted to prevent from holding the record regarding the impeachment ‘‘Judgment in Cases of Impeachment and wielding power. trial of former President Donald shall not extend further than to re- We have seen over the course of this Trump. The statement reflects my moval from Office, and disqualification election the profound risks of trifling thoughts on this complicated constitu- to hold and enjoy any Office of honor.’’ with our democracy and undermining tional matter and its implications for This reiterates that removal from of- the legitimacy of our elections. We future impeachments. fice must occur before that person is cannot let future candidates of either In 1787, the Articles of Confederation disqualified from holding an office party believe that in America, the way were failing, and our young Nation was again. If the Founders had intended to win is to lie and cheat, to whip a struggling to address the many chal- that disqualification be a separate crowd into a frenzy, to turn it on pub- lenges it was being confronted with in judgment, then the Constitution would lic servants and law enforcement alike. its infancy. A collection of independent have clearly stated ‘‘or’’ rather than We have to reestablish in our politics States, the newly formed country expe- ‘‘and.’’ The Constitution does not give our absolute commitment to the idea rienced much difficulty with the regu- the Senate the authority to try a pri- that we resolve our disputes in our lation of trade and commerce, foreign vate citizen or to remove him from an courts and in Congress, not by wielding affairs, and other basic domestic civil office that he no longer occupies. weapons against lawmakers. issues. With calls for disunion multi- It also does not give the Senate the Our Founding Fathers made clear in plying, delegates to the Constitutional authority to disqualify him from an of- the very preamble to the Constitution Convention met to deliberate and forge fice that he was not removed from. that ‘‘We the people . . . in order to a new government and with it an Exec- I voted to acquit former President form a more perfect union, establish utive to help centralize the powers nec- Donald Trump of the charge of inciting

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.029 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S950 CONGRESSIONAL RECORD — SENATE March 1, 2021 an insurrection for the January 6 Cap- 3. Subcommittee subpoenas. The Chair of land Security and Governmental Affairs and itol riot because of these basic con- the Subcommittee, with the approval of the the Standing Rules of the Senate. cerns surrounding the constitu- Ranking Minority Member of the Sub- (2) Quorums. For public or executive ses- tionality of the proceeding. The im- committee, is authorized to subpoena the at- sions, one Member of the Subcommittee tendance of witnesses or the production of shall constitute a quorum for the admin- peachment of a private citizen, driven memoranda, documents, records, or any istering of oaths and the taking of testimony by political obsession, sets a very dan- other materials at a hearing, provided that in any given case or subject matter. One- gerous precedent. What would prevent the Chair may subpoena attendance or pro- third of the Members of the Subcommittee a Republican-controlled Congress from duction without the approval of the Ranking shall constitute a quorum for the trans- impeaching former President Barack Minority Member where the Chair or a staff action of business other than the admin- Obama or Secretary of State Hillary officer designated by the Chair has not re- istering of oaths and the taking of testi- Clinton? What about historical Presi- ceived notification from the Ranking Minor- mony, provided that one Member of the mi- dents such as George Washington, ity Member or a staff officer designated by nority is present. Proxies shall not be con- the Chair of disapproval of the subpoena sidered for the establishment of a quorum. whose pivotal legacy no longer appears within 2 calendar days, excluding Saturdays (3) Taking Testimony. In any hearings con- to meet the moral standards of con- and Sundays and legal holidays in which the ducted by the Subcommittee, the Chair or temporary times? While the political Senate is not in session, of being notified of the Chair’s designee may swear in each wit- retaliation against the President is the subpoena. If a subpoena is disapproved by ness prior to their testimony. certain to continue now that he is out the Ranking Minority Member as provided (4) Subcommittee Subpoenas. Subpoenas of office, I am proud to have been a herein, the subpoena may be authorized by for witnesses, as well as documents and part of the minority in the Senate to vote of the Members of the Subcommittee. records, may be authorized and issued by the stand up to this type of unconstitu- Immediately upon authorization of the Chair, or any other Member of the Sub- issuance of a subpoena under these rules, a committee designated by him or her, with tional behavior and to acquit Donald written notice of intent to issue the sub- the approval of the Ranking Minority Mem- Trump. poena shall be provided to the Chair and ber of the Subcommittee, provided that the f Ranking Minority Member of the full Com- Chair may subpoena attendance or produc- mittee on Homeland Security and Govern- tion without the approval of the Ranking SENATE SUBCOMMITTEE ON ment Affairs, or staff officers designated by Minority Member where the Chair or a staff EMERGING THREATS AND the Chair and Ranking Minority Member for officer designated by him or her has not re- SPENDING OVERSIGHT RULES OF the full Committee, by the Subcommittee ceived notification from the Ranking Minor- PROCEDURE Chair or a staff officer designated by the ity Member or a staff officer designated by Mr. PETERS. Mr. President, Senate Chair, and no subpoena shall be issued for at him or her of disapproval of the subpoena Standing Rule XXVI requires each least 2 calendar days, excluding Saturdays within two calendar days excluding Satur- and Sundays, from delivery to the appro- days and Sundays, of being notified of the committee to adopt rules to govern the priate offices, unless the Chair and Ranking subpoena. If the subpoena is disapproved by procedure of the committee and to pub- Minority Member of the full Committee on the Ranking Minority Member as provided lish those rules in the CONGRESSIONAL Homeland Security and Government Affairs herein, the subpoena may be authorized by a RECORD not later than March 1 of the waive the 2–calendar day waiting period or vote of the Members of the Subcommittee. first year of each Congress. On Feb- unless the Subcommittee Chair certifies in A written notice of intent to issue a sub- ruary 26, 2021, a majority of the mem- writing to the Chair and Ranking Minority poena shall be provided to the Chair and bers of the Committee on Homeland Member of the full Committee that, in the Ranking Minority Member of the full Com- Security and Governmental Affairs’ opinion of the Chair, it is necessary to issue mittee on Homeland Security and Govern- a subpoena immediately. mental Affairs, or staff officers designated Subcommittee on Emerging Threats When the Subcommittee or its Chair au- by them, by the Subcommittee Chair, or a and Spending Oversight adopted sub- thorizes subpoenas, subpoenas may be issued staff officer designated by him or her, imme- committee rules of procedure. upon the signature of the Chair or any other diately upon such authorization, and no sub- Consistent with Standing Rule XXVI, Member of the Subcommittee designated by poena shall be issued for at least two cal- today I ask unanimous consent to have the Chair. endar days, excluding Saturdays and Sun- days, from delivery to appropriate offices, printed in the RECORD a copy of the f rules of procedure of the Subcommittee unless the Chair and Ranking Minority on Emerging Threats and Spending SENATE SUBCOMMITTEE ON GOV- Member of the full Committee on Homeland Security and Governmental Affairs waive Oversight. ERNMENT OPERATIONS AND BORDER MANAGEMENT RULES the two-calendar day waiting period or un- There being no objection, the mate- less the Subcommittee Chair certifies in rial was ordered to be printed in the OF PROCEDURE writing to the Chairman and Ranking Minor- RECORD, as follows: Mr. PETERS. Mr. President, Senate ity Member of the full Committee on Home- 117th Congress Standing Rule XXVI requires each land Security and Governmental Affairs RULES OF PROCEDURE FOR THE SENATE SUB- committee to adopt rules to govern the that, in his or her opinion, it is necessary to COMMITTEE ON EMERGING THREATS AND procedure of the committee and to pub- issue the subpoena immediately. SPENDING OVERSIGHT OF THE COMMITTEE ON lish those rules in the CONGRESSIONAL f HOMELAND SECURITY AND GOVERNMENTAL RECORD not later than March 1 of the AFFAIRS AS ADOPTED SENATE PERMANENT SUB- first year of each Congress. On Feb- February 26, 2021 COMMITTEE ON INVESTIGATIONS ruary 26, 2021, a majority of the mem- 1. Subcommittee rules. The Subcommittee RULES OF PROCEDURE shall be governed, where applicable, by the bers of the Committee on Homeland Security and Governmental Affairs’ Mr. PETERS. Mr. President, Senate rules of the full Committee on Homeland Se- Standing Rule XXVI requires each curity and Government Affairs and the Subcommittee on Government Oper- Standing Rules of the Senate. ations and Border Management adopt- committee to adopt rules to govern the 2. Quorums. ed subcommittee rules of procedure. procedure of the committee and to pub- A. Transaction of routine business. One- Consistent with Standing Rule XXVI, lish those rules in the CONGRESSIONAL third of the membership of the Sub- today I ask unanimous consent to have RECORD not later than March 1 of the committee shall constitute a quorum for the first year of each Congress. On March transaction of routine business, provided printed in the RECORD a copy of the rules of procedure of the Subcommittee 1, 2021, a majority of the members of that one Member of the Minority is present. the Committee on Homeland Security For the purpose of this paragraph, the term on Government Operations and Border ‘‘routine business’’ includes the convening of Management. and Governmental Affairs’ Permanent a meeting and the consideration of any busi- There being no objection, the mate- Subcommittee on Investigations adopt- ness of the Subcommittee other than report- rial was ordered to be printed in the ed subcommittee rules of procedure. ing to the full Committee on Homeland Se- RECORD, as follows: Consistent with Standing Rule XXVI, curity and Government Affairs any meas- today I ask unanimous consent to have RULES OF PROCEDURE OF THE COMMITTEE ON ures, matters, or recommendations. ECORD HOMELAND SECURITY AND GOVERNMENTAL printed in the R a copy of the B. Taking testimony. One Member of the rules of procedure of the Permanent Subcommittee shall constitute a quorum for AFFAIRS SUBCOMMITTEE ON GOVERNMENT taking sworn or unsworn testimony. OPERATIONS AND BORDER MANAGEMENT Subcommittee on Investigations. C. Proxies prohibited in establishment of (1) Subcommittee Rules. The Sub- There being no objection, the mate- quorum. Proxies shall not be considered for committee shall be governed, where applica- rial was ordered to be printed in the the establishment of a quorum. ble, by the rules of the Committee on Home- RECORD, as follows:

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01MR6.011 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S951 117th Congress meeting will be held and inform them of its committee Members or staff. Objections by RULES OF PROCEDURE FOR THE SENATE PER- date and hour. If the Chair is not present at the witness as to the form of questions shall MANENT SUBCOMMITTEE ON INVESTIGATIONS any regular, additional or special meeting, be noted for the record. If a witness objects OF THE COMMITTEE HOMELAND SECURITY the Ranking Majority Member present shall to a question and refuses to testify on the AND GOVERNMENTAL AFFAIRS AS ADOPTED preside. basis of relevance or privilege, the Sub- 5. For public or executive sessions, one March 1, 2021 committee Members or staff may proceed Member of the Subcommittee shall con- with the deposition, or may, at that time or 1. No public hearing connected with an in- stitute a quorum for the administering of at a subsequent time, seek a ruling by tele- vestigation may be held without the ap- oaths and the taking of testimony in any phone or otherwise on the objection from the proval of either the Chair and the Ranking given case or subject matter. Chair or such Subcommittee Member as des- Minority Member or a Majority of the Mem- One-third of the Members of the Sub- ignated by the Chair. If the Chair or des- bers of the Subcommittee.1 In all cases, noti- committee shall constitute a quorum for the ignated Member overrules the objection, fication to all Subcommittee Members of the transaction of Subcommittee business other these Members may refer the matter to the intent to hold hearings must be given at than the administering of oaths and the tak- Subcommittee or may order and direct the least 7 days in advance to the date of the ing of testimony, provided that at least one witness to answer the question, but the Sub- hearing. The Ranking Minority Member member of the minority is present. committee shall not initiate procedures should be kept fully apprised of preliminary 6. All witnesses at public or executive leading to civil or criminal enforcement un- inquiries, investigations, and hearings. Pre- hearings who testify to matters of fact shall less the witness refuses to testify after being liminary inquiries may be initiated by the be sworn. ordered and directed to answer by the Chair Subcommittee Majority staff upon the ap- 7. If, during public or executive sessions, a or designated Member. proval of the Chair and notice of such ap- witness, witness counsel, or any spectator 9.4 Filing. The Subcommittee staff shall proval to the Ranking Minority Member, Mi- conducts themselves in such a manner as to see that the testimony is transcribed or elec- nority Staff Director, or the Minority Chief prevent, impede, disrupt, obstruct, or inter- tronically recorded. If it is transcribed, the Counsel. Preliminary inquiries may be un- fere with the orderly administration of such witness shall be furnished with a copy for re- dertaken by the Minority staff upon the ap- hearing, the Chair or presiding Member of view pursuant to the provisions of Rule 12. proval of the Ranking Minority Member and the Subcommittee present during such hear- The individual administering the oath shall notice of such approval to the Chair, Staff ing may request the Sergeant at Arms of the certify on the transcript that the witness Director, or Chief Counsel. Investigations Senate, a representative of the Sergeant at was duly sworn in the individual’s presence, may be undertaken upon the approval of the Arms of the Senate, or any law enforcement the transcriber shall certify that the tran- Chair and the Ranking Minority Member official to eject said person from the hearing script is a true record of the testimony, and with notice of such approval to all Members room. the transcript shall then be filed with the of the Subcommittee. 8. Counsel retained by any witness and ac- Subcommittee clerk. Subcommittee staff No public hearing shall be held if the Mi- companying such witness shall be permitted may stipulate with the witness to changes in nority Members of the Subcommittee unani- to be present during the testimony of such this procedure; deviations from this proce- mously object, unless the Committee on witness at any public or executive hearing dure which do not substantially impair the Homeland Security and Governmental Af- and to advise such witness while the witness reliability of the record shall not relieve the fairs (the ‘‘Committee’’) approves of such is testifying of the witness’s legal rights; witness from the obligation to testify truth- public hearing by a majority vote. provided, however, that in the case of any fully. Senate Rules will govern all closed ses- witness who is an officer or employee of the 10. Any witness desiring to read a prepared sions convened by the Subcommittee (Rule government, or of a corporation or associa- or written statement in executive or public XXVI, Sec. 5(b), Standing Rules of the Sen- tion, the Chair may rule that representation hearings shall file a copy of such statement ate). by counsel from the government, corpora- with the Chair, Staff Director, or Chief 2. Subpoenas for witnesses, as well as docu- tion, or association, or by counsel rep- Counsel 48 hours in advance of the hearings ments and records, may be authorized and resenting another witness, creates a conflict at which the statement is to be presented issued by the Chair, or any other Member of of interest, and that the witness may only be unless the Chair and the Ranking Minority the Subcommittee designated by the Chair, represented during interrogation by Sub- Member waive this requirement. The Sub- with notice to the Ranking Minority Mem- committee staff or during testimony before committee shall determine whether such ber. A written notice of intent to issue a sub- the Subcommittee by personal counsel not statement may be read or placed in the poena shall be provided to the Chair and from the government, corporation, or asso- record of the hearing. Ranking Minority Member of the Com- ciation, or by personal counsel not rep- mittee, or staff officers designated by them, resenting another witness. This rule shall 11. A witness may request, on grounds of by the Chair or a staff officer designated by not be construed to excuse a witness from distraction, harassment, personal safety, or the Chair, immediately upon such authoriza- testifying in the event witness counsel is physical discomfort, that during testimony, tion, and no subpoena shall be issued for at ejected for conduct preventing, impeding, television, motion picture, and other cam- least 48 hours, excluding Saturdays and Sun- disrupting, obstructing, or interfering with eras and lights, shall not be directed at the days, from delivery to the appropriate of- the orderly administration of the hearings; witness. Such requests shall be ruled on by fices, unless the Chair and Ranking Minority nor shall this rule be construed as author- the Subcommittee Members present at the Member of the Committee waive the 48 hour izing counsel to coach the witness or answer hearing. waiting period or unless the Chair certifies for the witness. The failure of any witness to 12. An accurate stenographic record shall in writing to the Chair and Ranking Minor- secure counsel shall not excuse such witness be kept of the testimony of all witnesses in ity Member of the Committee that, in the from complying with a subpoena or deposi- executive and public hearings. The record of Chair’s opinion, it is necessary to issue a tion notice. a witness’s own testimony, whether in public subpoena immediately. 9. Depositions or executive session, shall be made available 3. The Chair shall have the authority to 9.1 Notice. Notices for the taking of deposi- for inspection by the witness or witness call meetings of the Subcommittee. This au- tions in an investigation authorized by the counsel under Subcommittee supervision; a thority may be delegated by the Chair to any Subcommittee shall be authorized and issued copy of any testimony given in public ses- other Member of the Subcommittee when by the Chair. The Chair of the Committee sion or that part of the testimony given by necessary. and the Ranking Minority Member of the the witness in executive session and subse- 4. If at least three Members of the Sub- Subcommittee shall be kept fully apprised of quently quoted or made part of the record in committee desire the Chair to call a special the authorization for the taking of deposi- a public session shall be made available to meeting, they may file, in the office of the tions. Such notices shall specify a time and any witness at the witness’s expense if re- Subcommittee, a written request therefor, place of examination, and the name of the quested. addressed to the Chair. Immediately there- Subcommittee Member or Members or staff 13. Interrogation of witnesses at Sub- after, the clerk of the Subcommittee shall officer or officers who will take the deposi- committee hearings shall be conducted on notify the Chair of such request. If, within 3 tion. The deposition shall be in private. The behalf of the Subcommittee by Sub- calendar days after the filing of such re- Subcommittee shall not initiate procedures committee Members and authorized Sub- quest, the Chair fails to call the requested leading to criminal or civil enforcement pro- committee staff personnel only. special meeting, which is to be held within 7 ceedings for a witness’s failure to appear un- 14. Any person who is the subject of an in- calendar days after the filing of such re- less the deposition notice was accompanied vestigation in public hearings may submit to quest, a majority of the Subcommittee Mem- by a Subcommittee subpoena. the Chair questions in writing for the cross- bers may file in the office of the Sub- 9.2 Counsel. Witnesses may be accompanied examination of other witnesses called by the committee their written notice that a spe- at a deposition by counsel to advise them of Subcommittee. With the consent of a major- cial Subcommittee meeting will be held, their legal rights, subject to the provisions ity of the Members of the Subcommittee specifying the date and hour thereof, and the of Rule 8. present and voting, these questions, or para- Subcommittee shall meet on that date and 9.3 Procedure. Witnesses shall be examined phrased versions of them, shall be put to the hour. Immediately upon the filing of such upon oath administered by an individual au- witness by the Chair, by a Member of the notice, the Subcommittee clerk shall notify thorized by local law to administer oaths. Subcommittee, or by counsel of the Sub- all Subcommittee Members that such special Questions shall be propounded orally by Sub- committee.

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.049 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S952 CONGRESSIONAL RECORD — SENATE March 1, 2021 15. Any person whose name is mentioned or Ranking Minority Member of the Committee Thank you to everyone who made who is specifically identified, and who be- on Homeland Security and Governmental Af- that incredible day one we will remem- lieves that testimony or other evidence pre- fairs as the Chair and Ranking Minority ber forever. sented at a public hearing, or comment made Member ‘‘of the Committee.’’ by a Subcommittee Member or counsel, f tends to defame the person or otherwise ad- f versely affect the person’s reputation, may 59TH INAUGURAL CEREMONIES (a) request to appear personally before the Ms. KLOBUCHAR. Mr. President, I RECOGNIZING THE 90TH ANNIVER- Subcommittee to testify, or, in the alter- come to the floor today to thank the SARY OF THE NATIONAL LI- native, (b) file a sworn statement of facts staff who worked tirelessly to ensure BRARY SERVICE FOR THE BLIND relevant to the testimony or other evidence or comment complained of. Such request and the 59th inaugural ceremonies were a AND PRINT DISABLED success even under extreme and ex- such statement shall be submitted to the Ms. KLOBUCHAR. Mr. President, I Subcommittee for its consideration and ac- traordinary circumstances. tion. The Joint Congressional Committee rise today to recognize the National Li- If a person requests to appear personally on Inaugural Ceremonies, also known brary Service for the Blind and Print before the Subcommittee pursuant to alter- as JCCIC, is tasked with the planning Disabled on its 90th anniversary. The native (a) referred to herein, said request and execution of the inaugural cere- National Library Service, or NLS, is shall be considered untimely if it is not re- monies of the President-Elect and Vice part of the Library of Congress, an in- ceived by the Chair, Staff Director, or Chief President-Elect of the United States at stitution that has long been committed Counsel in writing on or before thirty (30) to serving readers with disabilities. days subsequent to the day on which said the Capitol. This ceremony is the cul- person’s name was mentioned or otherwise mination of 244 years of a democracy. The concept of a national library for specifically identified during a public hear- It is the moment when our leaders the blind was introduced in 1897 by the ing held before the Subcommittee, unless the promise to be faithful to our Constitu- seventh Librarian of Congress, John Chair and the Ranking Minority Member tion. It is the moment when they be- Russell Young, who established a read- waive this requirement. come, as we all should be, the guard- ing room for the blind that included If a person requests to file a sworn state- ians of our country. more than 500 books and music items ment pursuant to alternative (b) referred to I would like to thank the chair of in raised characters. herein, the Subcommittee may condition the filing of said sworn statement upon said per- JCCIC, Senator BLUNT, for his out- In 1913, Congress began to require son agreeing to appear personally before the standing work to ensure that the inau- that one copy of each book be made in Subcommittee and to testify concerning the guration was an extraordinary success. raised characters and deposited in the matters contained in the person’s sworn It was a pleasure to work with Senator Library of Congress for educational statement, as well as any other matters re- BLUNT and his extremely professional lated to the subject of the investigation be- use; but, as impressive as this collec- staff. tion was, it was only available to peo- fore the Subcommittee. I want to commend the entire JCCIC ple who were able to visit in person. In 16. All testimony taken in executive ses- staff, especially Maria Lohmeyer, the sion shall be kept secret and will not be re- 1931, legislation led by Representative Chief of Inaugural Ceremonies, for leased for public information without the ap- Ruth Pratt of New York and Senator proval of a majority of the Members of the their remarkable accomplishment. I also want to thank Vincent Brown, Reed Smoot of Utah created what we Subcommittee. now know as the National Library 17. No Subcommittee report shall be re- who works for me on the Senate Rules leased to the public unless approved by a ma- Committee, for his work while detailed Service for the Blind and Print Dis- jority of the Subcommittee and after no less to JCCIC, as well as my chief of staff, abled to help provide services to blind than 10 days’ notice and opportunity for Lindsey Kerr, who worked diligently readers across the country through a comment by the Members of the Sub- with JCCIC and many other agencies national network of cooperating librar- committee unless the need for such notice ies, in braille or audio formats, mailed and opportunity to comment has been and offices to ensure a smooth Inau- guration. directly to patrons, or available waived in writing by a majority of the Mi- through instant download. Since its es- nority Members of the Subcommittee. Maria, Vincent, Lindsey, and the en- 18. The Ranking Minority Member may se- tire committee staff have shown that, tablishment, the service has grown to lect for appointment to the Subcommittee through hard work and determination, expand service to children, serve people staff a Chief Counsel for the Minority and the entire world can see our democracy with physical and reading disabilities, such other professional staff and clerical as- prevail. and encompass an accessible music ma- sistants as the Ranking Minority Member This year’s inauguration was the 59th terials collection that is now the larg- deems advisable. The total compensation al- in our country’s history, and it may est in the world. located to such Minority staff shall be not less than one-third the total amount allo- have been one of the most challenging I also want to recognize the central cated for all Subcommittee staff salaries ever to design. Planning an inaugura- role local libraries play in connecting during any given year. The Minority staff tion under normal circumstances is dif- the national NLS program to constitu- shall work under the direction and super- ficult, but this year’s event occurred in ents in my State. NLS and the Min- vision of the Ranking Minority Member. The the midst of a global pandemic, just 2 nesota Talking Book and Braille Li- Minority Staff Director and the Minority weeks after rioters climbed the inau- brary provide service to nearly 6,600 Chief Counsel shall be kept fully informed as gural stage to siege the Capitol. to preliminary inquiries, investigations, and people and over 1,600 institutions in The inauguration is an important Minnesota, each day working to make hearings, and shall have access to all mate- symbol in our democracy. It has rial in the files of the Subcommittee. the NLS mission ‘‘that all may read’’ a 19. When it is determined by the Chair and marked the peaceful transfer of power reality. Ranking Minority Member, or by a majority for more than 200 years. It sends an im- of the Subcommittee, that there is reason- portant message to the American peo- The National Library Service for the able cause to believe that a violation of law ple and the world, of unity and a com- Blind and Print Disabled has long had may have occurred, the Chair and Ranking mitment to our democratic principles. an innovative approach to meeting the Minority Member by letter, or the Sub- Inauguration day represents a new needs of Americans with disabilities, committee by resolution, are authorized to beginning for the country. It marks the with an institutional history that report such violation to the proper State, beginning of healing, of unifying, of spans phonograph records, cassette local and/or Federal authorities. Such letter coming together to get through this tapes, flash memory cartridges, and or report may recite the basis for the deter- the internet while it continually sup- mination of reasonable cause. This rule is crisis. not authority for release of documents or This inauguration was the result of plies hard-copy and digital braille ma- testimony. Democrats and Republicans working terials. Today, I congratulate the Na- tional Library Service for the Blind ENDNOTE together to bring about this important and Print Disabled and its dedicated 1. Throughout these rules, the Chair and symbol of our determined democracy. Ranking Minority Member of the Sub- And that spirit of bipartisanship, of staff on its 90th anniversary and ex- committee are referred to simply as the working together, was certainly press my appreciation of their contin- ‘‘Chair’’ and the ‘‘Ranking Minority Mem- present on the Joint Congressional ued commitment to ensuring that all ber.’’ These rules refer to the Chair and Committee on Inaugural Ceremonies. may read.

VerDate Sep 11 2014 08:08 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.050 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S953 ADDITIONAL STATEMENTS ing—CF3D—a revolutionary, auto- MEASURES PLACED ON THE mated manufacturing process that uti- CALENDAR lizes high-performance continuous fi- The following bill and joint resolu- RECOGNIZING THE 75TH bers, e.g., carbon fiber, glass fiber, opti- ANNIVERSARY OF ENIAC DAY tion were read the second time, and cal fibers, with ‘‘snap curing’’ placed on the calendar: ∑ Mr. CASEY. Mr. President, I rise thermoset resins to produce light- S. 461. A bill to create a point of order today in commemoration of the 75th weight, high-performance composite against legislation modifying the number of anniversary of the electronic numer- parts on-demand. Historically, compos- Justices of the Supreme Court of the United ical integrator and computer. This an- ites have been limited to high-end States. niversary, formally known as ENIAC products, including military applica- S.J. Res. 9. Joint resolution proposing an Day, marks the 1946 dedication at the tions, where the advantages of high- amendment to the Constitution of the University of Pennsylvania of the first performance, low-weight materials United States to require that the Supreme all-electronic, programmable com- outweigh costly conventional manufac- Court of the United States be composed of puter. turing processes. CF3D is reshaping nine justices. Invented by John Mauchly and J. composites manufacturing at exponen- f Presper Eckert of the University’s tially reduced costs and lead times EXECUTIVE AND OTHER Moore School of Electrical Engineer- while providing users with a much COMMUNICATIONS ing, construction of the computer greater degree of design freedom. The The following communications were began in July 1943. After several years company has an extraordinary oppor- laid before the Senate, together with of tireless work, Mauchly and Eckert tunity to change how industrial busi- accompanying papers, reports, and doc- produced a 27–ton computer that occu- nesses and the Department of Defense uments, and were referred as indicated: pied 1,800 square feet of floor space and innovate and manufacture throughout could complete complex calculations EC–526. A communication from the Pro- the entire product life cycle, from de- gram Analyst, Consumer and Governmental near instantaneously. Also due credit sign and prototyping to serial produc- Affairs Bureau, Federal Communications are the original programmers of tion and sustainment. Continuous Commission, transmitting, pursuant to law, ENIAC, Kathleen McNulty Mauchly Composites’ novel approach to 3–D the report of a rule entitled ‘‘Advanced Antonelli, Jean Jennings Bartik, printing has garnered interest from Methods to Target and Eliminate Unlawful Frances Betty Snyder Holberton, many industry leaders, national lab- Robocalls, Fourth Report and Order’’ ((CG Marlyn Wescoff Meltzer, Frances Bilas oratories, and government agencies re- Docket No. 17–59) (FCC 20–187)) received dur- Spence, and Ruth Lichterman sulting in strategic partnerships and ing adjournment of the Senate in the Office Teitelbaum, without whom the oper- of the President of the Senate on February multimillion dollar equity invest- 11, 2021; to the Committee on Commerce, ation of the machine would not be pos- ments. Continuous Composites’ CF3D Science, and Transportation. sible. After ENIAC, Mauchly and Eck- technology is directly aligned with the EC–527. A communication from the Pro- ert continued to be industry pioneers United States of America’s national de- gram Analyst, Consumer and Governmental and went on to invent UNIVAC, the fense strategy, which has led to signifi- Affairs Bureau, Federal Communications first commercial computer. Today’s cant engagement from the Air Force Commission, transmitting, pursuant to law, Unisys Corporation, which I am proud Research Laboratory. the report of a rule entitled ‘‘Limits on Ex- empted Calls Under the Telephone Consumer to note is headquartered in Blue Bell, Since its founding, Continuous Com- PA, traces a momentous part of its ori- Protection Act of 1991’’ ((CG Docket No. 02– posites has been rapidly hiring numer- 278) (FCC 20–186)) received during adjourn- gins back to J. Presper Eckert and ous engineers and business profes- ment of the Senate in the Office of the Presi- John Mauchly and their early inven- sionals, attracting talent from across dent of the Senate on February 11, 2021; to tions. the country to Coeur d’Alene. Last the Committee on Commerce, Science, and As we mark this 75th anniversary, we September, Alvarado and Swallow an- Transportation. marvel at the impact of ENIAC and nounced the remodel and opening of a EC–528. A communication from the Attor- ney for Regulatory Affairs, Consumer Prod- how far computers have come. While 7,500-square-foot manufacturing dem- ENIAC was originally intended as a uct Safety Commission, transmitting, pursu- onstration facility on their campus in ant to law, the report of a rule entitled tool to further our national defense, we downtown Coeur d’Alene. This historic have come to rely on later iterations of ‘‘Fees for Production of Records; Other building is now being used for advanced Amendments to Procedures for Disclosure of the computer in all aspects of life. research, development, and commer- Information Under the Freedom of Informa- Computers enable us to be more effi- cialization of CF3D. The expansion will tion Act’’ ((16 CFR Part 1015) (Docket No. cient, more connected and have trans- provide high-paying, in-demand jobs of CPSC–2020–0011)) received in the Office of the formed the world we live in. I look for- the future to the Coeur d’Alene com- President of the Senate on February 23, 2021; to the Committee on Commerce, Science, ward to what the world looks like when munity. we celebrate the 100th anniversary of and Transportation. ENIAC Day in 2046.∑ Continuous Composites is an out- EC–529. A communication from the Attor- standing example of a small, trail- ney, U.S. Coast Guard, Department of Home- f blazing Idaho business that is leading land Security, transmitting, pursuant to RECOGNIZING CONTINUOUS the way in technological innovation. law, the report of a rule entitled ‘‘Draw- COMPOSITES bridge Operation Regulation; New Jersey In- Congratulations to Tyler, John, Ken, tracoastal Waterway, Atlantic City, New ∑ Mr. RISCH. Mr. President, as a sen- and the whole Continuous Composites Jersey’’ ((RIN1625–AA09) (Docket No. USCG– ior member and former chairman of the team for your outstanding achieve- 2020–0215)) received during adjournment of Senate Committee on Small Business ments. You make our great State the Senate in the Office of the President of and Entrepreneurship, each month I proud, and I look forward to your con- the Senate on February 11, 2021; to the Com- recognize and celebrate the American tinued growth and success.∑ mittee on Commerce, Science, and Transpor- entrepreneurial spirit by highlighting tation. the success of a small business in my f f home State of Idaho. Today, I am PETITIONS AND MEMORIALS pleased to honor Continuous Compos- MESSAGE FROM THE HOUSE The following petitions and memo- ites, Inc., in Coeur d’Alene as the Idaho rials were laid before the Senate and Small Business of the Month for March At 3:39 p.m., a message from the were referred or ordered to lie on the 2021. House of Representatives, delivered by table as indicated: Continuous Composites is a tech- Mrs. Cole, one of its reading clerks, an- nology company developing composite nounced that the House has passed the POM–1. A concurrent resolution adopted additive manufacturing solutions co- following bill, in which it requests the by the General Assembly of the State of Ohio concurrence of the Senate: urging the United States Congress to enact founded by Ken Tyler, John Swallow, H.R. 1556, the Sunshine Protection Act of and Tyler Alvarado in 2015. The com- H.R. 5. An act to prohibit discrimination 2019 which would permanently extend day- pany owns the world’s earliest granted on the basis of sex, gender identity, and sex- light savings time; to the Committee on patents on Continuous Fiber 3D Print- ual orientation, and for other purposes. Commerce, Science, and Transportation.

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.030 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S954 CONGRESSIONAL RECORD — SENATE March 1, 2021 SENATE CONCURRENT RESOLUTION 8 and second times by unanimous con- S. 500. A bill to prohibit the transfer or Whereas, The Congress of the United sent, and referred as indicated: sale of certain consumer health information, and for other purposes; to the Committee on States first adopted daylight saving time By Mr. WYDEN (for himself, Mr. WAR- Health, Education, Labor, and Pensions. during World War I to support war indus- NER, Mr. BROWN, Ms. CORTEZ MASTO, By Mr. DAINES (for himself, Mr. CRUZ, tries. In addition, continuous daylight sav- Mr. BLUMENTHAL, Mrs. FEINSTEIN, Ms. ERNST, Mr. LANKFORD, Mr. LEE, ing time was observed during World War II, Mr. SANDERS, Ms. SINEMA, Mr. VAN Mr. JOHNSON, Mr. PAUL, Mr. RUBIO, referred to as War Time, and during the 1973 HOLLEN, Mr. KAINE, Ms. HIRONO, Mr. Mr. TOOMEY, and Mr. PORTMAN): oil crisis; and MENENDEZ, Mr. MERKLEY, Mr. BOOK- S. 501. A bill to prohibit earmarks; to the Whereas, The benefits of daylight saving ER, Mr. MARKEY, Ms. ROSEN, Mr. DUR- Committee on Rules and Administration. time include additional daylight in the BIN, Mrs. GILLIBRAND, Ms. KLO- By Ms. CORTEZ MASTO: evening hours, increased outdoor playtime BUCHAR, Mr. BENNET, and Mr. S. 502. A bill to amend chapter 53 of title for the children and youth, expanded eco- SCHATZ): nomic opportunities, energy savings, im- S. 490. A bill to modernize the technology 49, United States Code, to incorporate zero- proved traffic safety, and crime reduction; for delivering unemployment compensation, emission fueling technology into the defini- and and for other purposes; to the Committee on tion of ‘‘capital project’’; to the Committee Whereas, States are currently precluded Finance. on Banking, Housing, and Urban Affairs. By Mr. CORNYN (for himself, Mr. from establishing permanent daylight saving By Mr. KING (for himself and Ms. COL- MENENDEZ, and Mr. CARDIN): time by federal law, which requires the LINS): United States Secretary of Transportation S. 491. A bill to amend the Wild and Scenic S. 503. A bill to amend part D of title IV of to enforce uniform application of that law Rivers Act to designate certain river seg- the Social Security Act to allow States to across all time zones (certain states, such as ments in the York River watershed in the use incentive payments available under the Arizona, previously opted out of daylight State of Maine as components of the Na- child support enforcement program to im- saving time); and tional Wild and Scenic Rivers System, and prove parent-child relationships, increase Whereas, The Sunshine Protection Act of for other purposes; to the Committee on En- child support collections, and improve out- 2019 (H.R. 1556), introduced in the 116th Con- ergy and Natural Resources. comes for children by supporting parenting gress, would institute permanent daylight By Mr. MARKEY (for himself, Ms. time agreements for noncustodial parents in saving time nationwide; now therefore be it WARREN, and Mr. SANDERS): uncontested agreements, and for other pur- Resolved, That we, the members of the S. 492. A bill to amend the Revised Statues poses; to the Committee on Finance. 133rd General Assembly of the State of Ohio, to remove the defense of qualified immunity By Ms. CORTEZ MASTO (for herself, urge the Congress of the United States to in the case of any action under section 1979, Ms. SMITH, Ms. STABENOW, Mr. enact The Sunshine Protection Act of 2019 and for other purposes; to the Committee on MERKLEY, Ms. ROSEN, Ms. HIRONO, (H.R. 1556); and be it further the Judiciary. Mr. HEINRICH, and Mr. WYDEN): Resolved, That the Clerk of the Senate By Ms. CORTEZ MASTO (for herself, S. 504. A bill to establish the Green Spaces, transmit duly authenticated copies of this Ms. SMITH, and Ms. ROSEN): Green Vehicles Initiative to facilitate the in- resolution to the President of the United S. 493. A bill to amend the Internal Rev- stallation of zero-emissions vehicle infra- States, President Pro Tempore and Sec- enue Code of 1986 to provide for the issuance structure on National Forest System land, retary of the United States Senate, the of exempt facility bonds for zero-emission National Park System land, and certain re- Speaker and Clerk of the United States vehicle infrastructure; to the Committee on lated land, and for other purposes; to the House of Representatives, the members of Finance. Committee on Energy and Natural Re- the Ohio Congressional delegation, and the By Ms. CORTEZ MASTO: sources. news media of Ohio. S. 494. A bill to amend the Internal Rev- By Mr. BLUMENTHAL (for himself, enue Code of 1986 to provide for a credit for Mr. MARKEY, Mr. SCHATZ, Mr. WHITE- POM–2. A petition from a citizen of the zero-emission buses; to the Committee on Fi- HOUSE, Mr. BROWN, Mr. WYDEN, Mr. State of Texas relative to the Supreme nance. MERKLEY, Ms. HIRONO, Mr. CASEY, Court; to the Committee on the Judiciary. By Mr. THUNE: Ms. WARREN, Mr. BOOKER, Mr. LEAHY, POM–3. A petition from a citizen of the S. 495. A bill to prioritize the allocation of Mr. MENENDEZ, Ms. CANTWELL, Ms. State of Texas relative to constitutional H–2B visas for States with low unemploy- CORTEZ MASTO, Mr. MURPHY, Ms. conventions; to the Committee on Homeland ment rates; to the Committee on the Judici- ROSEN, Mr. REED, Mr. DURBIN, Mr. Security and Governmental Affairs. ary. VAN HOLLEN, Mrs. GILLIBRAND, Mr. POM–4. A petition from a citizen of the By Mr. MENENDEZ (for himself and COONS, Ms. BALDWIN, Ms. KLOBUCHAR, State of Texas relative to credit inquiries; to Ms. WARREN): Mr. HEINRICH, Ms. SMITH, Mrs. FEIN- the Committee on Banking, Housing, and S. 496. A bill to amend the Internal Rev- STEIN, Ms. DUCKWORTH, Mrs. SHA- Urban Affairs. enue Code of 1986 to exclude from taxable in- HEEN, Mr. CARPER, Ms. HASSAN, Mr. come any student loan forgiveness or dis- PETERS, Mr. BENNET, Mr. KAINE, Mr. f charge; to the Committee on Finance. SANDERS, Mr. PADILLA, Mrs. MURRAY, REPORTS OF COMMITTEES By Mr. SULLIVAN (for himself, Ms. Mr. LUJA´ N, Mr. WARNOCK, and Mr. MURKOWSKI, Ms. WARREN, Mr. MAR- OSSOFF): The following reports of committees KEY, and Ms. CANTWELL): S. 505. A bill to amend title 9 of the United were submitted: S. 497. A bill to establish the American States Code with respect to arbitration; to By Mr. PETERS, from the Committee on Fisheries Advisory Committee to assist in the Committee on the Judiciary. Homeland Security and Governmental Af- the awarding of fisheries research and devel- By Ms. CORTEZ MASTO (for herself fairs: opment grants, and for other purposes; to the and Mrs. MURRAY): Special Report entitled ‘‘Activities of the Committee on Commerce, Science, and S. 506. A bill to establish the Clean School Committee on Homeland Security and Gov- Transportation. Bus Grant Program, and for other purposes; ernmental Affairs’’ (Rept. No. 117–1). By Mr. LEE (for himself and Mr. to the Committee on Energy and Natural Re- DAINES): sources. f S. 498. A bill to amend title 54, United By Ms. CORTEZ MASTO: EXECUTIVE REPORT OF States Code, to limit the authority to re- S. 507. A bill to increase deployment of electric vehicle charging infrastructure in COMMITTEE serve water rights in designating a national monument; to the Committee on Energy and low-income communities and communities The following executive report of a Natural Resources. of color, and for other purposes; to the Com- nomination was submitted: By Mrs. SHAHEEN (for herself, Mr. mittee on Energy and Natural Resources. By Mr. DURBIN for the Committee on the CASEY, Mr. BENNET, Ms. HASSAN, Ms. By Ms. CORTEZ MASTO (for herself, Judiciary. BALDWIN, Mr. BLUMENTHAL, Mr. Ms. SMITH, Ms. STABENOW, Mr. Merrick Brian Garland, of Maryland, to be REED, Ms. CORTEZ MASTO, Ms. STABE- MERKLEY, Ms. ROSEN, Ms. HIRONO, Attorney General. NOW, Ms. SMITH, Mr. TESTER, Mr. Mr. HEINRICH, and Mr. WYDEN): MURPHY, Mr. CARDIN, Ms. ROSEN, Ms. S. 508. A bill to establish a working group (Nominations without an asterisk KLOBUCHAR, and Mr. KAINE): on electric vehicles; to the Committee on were reported with the recommenda- S. 499. A bill to amend the Internal Rev- Commerce, Science, and Transportation. tion that they be confirmed.) enue Code of 1986 to expand eligibility for the By Mr. SULLIVAN (for himself and Mr. refundable credit for coverage under a quali- MURPHY): f fied health plan, to improve cost-sharing S. 509. A bill to establish a program to as- INTRODUCTION OF BILLS AND subsidies under the Patient Protection and sist States in establishing or enhancing com- JOINT RESOLUTIONS Affordable Care Act, and for other purposes; munity integration network infrastructure to the Committee on Finance. for health and social services; to the Com- The following bills and joint resolu- By Mr. CASSIDY (for himself and Ms. mittee on Health, Education, Labor, and tions were introduced, read the first ROSEN): Pensions.

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By Ms. WARREN (for herself, Mr. MAR- retary of the Senate; considered and agreed S. Con. Res. 7. A concurrent resolution rec- KEY, Mrs. GILLIBRAND, Mr. WHITE- to. ognizing the heroism of the United States HOUSE, Mr. SCHATZ, Mr. SANDERS, Mr. By Mr. COONS (for himself, Mr. TILLIS, Capitol personnel and journalists during the MERKLEY, and Ms. HIRONO): Mr. DURBIN, Ms. COLLINS, Mr. VAN insurrectionist attack on the United States S. 510. A bill to amend the Internal Rev- HOLLEN, and Mr. LANKFORD): Capitol on January 6, 2021; to the Committee enue Code of 1986 to impose a tax on the net S. Res. 80. A resolution establishing the on Rules and Administration. Senate Human Rights Commission; to the value of assets of a taxpayer, and for other f purposes; to the Committee on Finance. Committee on Rules and Administration. By Mr. DURBIN: By Mr. RUBIO (for himself and Mr. ADDITIONAL COSPONSORS S. 511. A bill to establish the Bronzeville- MENENDEZ): S. 172 Black Metropolis National Heritage Area in S. Res. 81. A resolution honoring Las the State of Illinois, and for other purposes; Damas de Blanco, a women-led nonviolent At the request of Mr. CORNYN, the to the Committee on Energy and Natural Re- movement in support of freedom and human names of the Senator from New Hamp- sources. rights in Cuba, and calling for the release of shire (Ms. HASSAN) and the Senator By Ms. WARREN (for herself, Ms. all political prisoners in Cuba; to the Com- from Washington (Mrs. MURRAY) were mittee on Foreign Relations. BALDWIN, Mr. BLUMENTHAL, Mr. added as cosponsors of S. 172, a bill to BOOKER, Mr. KAINE, Ms. KLOBUCHAR, By Mr. OSSOFF (for himself, Mr. ROM- NEY, Mr. WARNOCK, Mr. REED, Mr. authorize the National Medal of Honor Mr. MARKEY, Mr. MERKLEY, Ms. Museum Foundation to establish a ROSEN, Ms. STABENOW, Mr. VAN HOL- CARDIN, and Mr. LEAHY): S. Res. 82. A resolution honoring the life commemorative work in the District of LEN, and Mr. WYDEN): S. 512. A bill to require the Centers for Dis- and legacy of John Robert Lewis and com- Columbia and its environs, and for ease Control and Prevention to collect and mending John Robert Lewis for his towering other purposes. achievements in the nonviolent struggle for report certain data concerning COVID–19; to civil rights; considered and agreed to. S. 209 the Committee on Health, Education, Labor, By Mr. YOUNG (for himself, Mr. COONS, At the request of Mrs. SHAHEEN, the and Pensions. Mr. BARRASSO, Mrs. BLACKBURN, Mr. name of the Senator from Minnesota By Ms. ROSEN (for herself and Mr. BLUNT, Mr. BOOKER, Mr. BOOZMAN, (Ms. KLOBUCHAR) was added as a co- CORNYN): Mr. BRAUN, Mrs. CAPITO, Mr. CARPER, S. 513. A bill to improve access to economic sponsor of S. 209, a bill to provide for Mr. CASEY, Mr. CASSIDY, Ms. COLLINS, injury disaster loans and emergency ad- assistance to rural water, wastewater, Mr. CORNYN, Ms. CORTEZ MASTO, Mr. vances under the CARES Act, and for other and waste disposal systems affected by COTTON, Mr. CRAMER, Mr. CRAPO, Mr. purposes; to the Committee on Small Busi- CRUZ, Mr. DAINES, Mr. DURBIN, Mrs. the COVID–19 pandemic, and for other ness and Entrepreneurship. FISCHER, Mr. GRASSLEY, Mr. purposes. By Ms. KLOBUCHAR (for herself, Ms. HAGERTY, Ms. HASSAN, Mr. HAWLEY, S. 255 SMITH, Mr. MERKLEY, Ms. WARREN, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. Mr. DURBIN, Mr. HEINRICH, Mrs. FEIN- At the request of Mr. WICKER, the INHOFE, Mr. JOHNSON, Mr. KELLY, Mr. STEIN, Mr. CARDIN, Mr. BLUMENTHAL, names of the Senator from Alaska (Ms. KING, Mr. LANKFORD, Mr. LUJA´ N, Ms. Ms. CORTEZ MASTO, Ms. HIRONO, Mrs. MURKOWSKI), the Senator from Wis- LUMMIS, Mr. MARSHALL, Mr. SHAHEEN, Ms. DUCKWORTH, Mr. MERKLEY, Mr. MORAN, Mr. RISCH, Mr. consin (Ms. BALDWIN), the Senator WHITEHOUSE, Mr. MENENDEZ, and Ms. ROMNEY, Mr. ROUNDS, Mr. RUBIO, Mr. from Illinois (Mr. DURBIN), the Senator ROSEN): SCOTT of South Carolina, Ms. SMITH, from Michigan (Mr. PETERS) and the S. 514. A bill to obtain and direct the place- Ms. STABENOW, Mr. THUNE, Mr. ment in the Capitol or on the Capitol Senator from Oregon (Mr. WYDEN) were TILLIS, Mr. TUBERVILLE, Mr. Grounds of a monument to honor Associate added as cosponsors of S. 255, a bill to WARNOCK, Mr. WICKER, and Mr. SCOTT establish a $120,000,000,000 Restaurant Justice of the Supreme Court of the United of Florida): States Ruth Bader Ginsburg; to the Com- S. Res. 83. A resolution expressing support Revitalization Fund to provide struc- mittee on Rules and Administration. for the designation of February 20 through tured relief to food service or drinking By Ms. WARREN (for herself, Ms. KLO- February 27, 2021, as ‘‘National FFA Week’’, establishments, and for other purposes. BUCHAR, and Mr. BOOKER): recognizing the important role of the Na- S. 348 S. 515. A bill to authorize the Secretary of tional FFA Organization in developing the At the request of Mr. MENENDEZ, the Health and Human Services to award grants next generation of leaders who will change to States and political subdivisions of States the world, and celebrating 50 years of Na- name of the Senator from Maryland to hire, employ, train and dispatch mental tional FFA Organization Alumni and Sup- (Mr. CARDIN) was added as a cosponsor health professionals to respond in lieu of law porters; considered and agreed to. of S. 348, a bill to provide an earned enforcement officers in emergencies involv- By Mr. SCOTT of Florida (for himself, path to citizenship, to address the root ing one or more persons with a mental ill- Ms. ERNST, Mr. HAWLEY, Mr. MAR- causes of migration and responsibly ness or an intellectual or developmental dis- SHALL, and Mr. KENNEDY): manage the southern border, and to re- ability, and for other purposes; to the Com- S. Res. 84. A resolution amending the form the immigrant visa system, and mittee on Health, Education, Labor, and Standing Rules of the Senate to prohibit the Pensions. consideration of legislation in the Senate for other purposes. By Mr. MORAN (for himself and Ms. unless the text of the legislation that will be S. 407 SINEMA): considered has been made publicly available At the request of Mr. RUBIO, the S. 516. A bill to plan for and coordinate ef- in electronic form for a mandatory minimum name of the Senator from New Hamp- forts to integrate advanced air mobility air- review period; to the Committee on Rules shire (Ms. HASSAN) was added as a co- craft into the national airspace system, and and Administration. sponsor of S. 407, a bill to provide re- for other purposes; to the Committee on By Ms. WARREN (for herself, Mr. MAR- Commerce, Science, and Transportation. KEY, Mr. BROWN, and Mr. MERKLEY): dress to the employees of Air America. By Ms. HASSAN: S. Res. 85. A resolution expressing the S. 412 S. 517. A bill to provide for joint reports by sense of the Senate that it is the duty of the At the request of Mr. MENENDEZ, the relevant Federal agencies to Congress re- Federal Government to dramatically expand name of the Senator from Virginia (Mr. garding incidents of terrorism, and for other and strengthen the care economy; to the KAINE) was added as a cosponsor of S. purposes; to the Committee on Homeland Se- Committee on Health, Education, Labor, and curity and Governmental Affairs. Pensions. 412, a bill to establish the Commission By Ms. KLOBUCHAR (for herself, Mrs. on the Coronavirus Pandemic in the f SHAHEEN, Mr. CASEY, Mr. HEINRICH, United States. SUBMISSION OF CONCURRENT AND Mr. BLUMENTHAL, Ms. SMITH, Mr. VAN S. 417 HOLLEN, Mrs. FEINSTEIN, Mr. MENEN- SENATE RESOLUTIONS At the request of Mr. COTTON, the DEZ, Mr. WYDEN, Mr. KAINE, Mr. The following concurrent resolutions CARDIN, Mr. REED, Mr. LUJA´ N, Mr. name of the Senator from Indiana (Mr. and Senate resolutions were read, and CARPER, Mr. BENNET, Mr. SCHATZ, Mr. BRAUN) was added as a cosponsor of S. referred (or acted upon), as indicated: KING, Ms. CANTWELL, Ms. 417, a bill to prohibit the Secretary of By Mr. SCHUMER: DUCKWORTH, Mr. WARNOCK, Mr. WAR- State from issuing B1 and B2 visas to S. Res. 78. A resolution notifying the Presi- NER, Mr. COONS, Mrs. GILLIBRAND, Mr. nationals of the People’s Republic of dent of the United States of the election of WHITEHOUSE, Mr. BOOKER, Mr. China for periods of more than one the Secretary of the Senate; considered and MERKLEY, Mr. DURBIN, Mr. KELLY, year unless certain conditions are met. agreed to. Mr. MURPHY, Mr. PETERS, Mr. BROWN, S. 419 By Mr. SCHUMER: Mr. PADILLA, Mr. LEAHY, Ms. CORTEZ S. Res. 79. A resolution notifying the House MASTO, Ms. HIRONO, Ms. HASSAN, Ms. At the request of Mr. INHOFE, the of Representatives of the election of the Sec- ROSEN, and Mr. OSSOFF): name of the Senator from Hawaii (Ms.

VerDate Sep 11 2014 08:23 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.064 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S956 CONGRESSIONAL RECORD — SENATE March 1, 2021 HIRONO) was added as a cosponsor of S. MURKOWSKI) was added as a cosponsor ‘‘(C) If more H–2B visa applications are re- 419, a bill to amend title 5, United of S. 488, a bill to provide for congres- ceived in a fiscal year on behalf of aliens de- States Code, to provide for a full annu- sional review of actions to terminate siring to work in a State described in sub- paragraph (A) than the limit set forth in sub- ity supplement for certain air traffic or waive sanctions imposed with re- paragraph (B)— controllers. spect to Iran. ‘‘(i) eligible applicants, in a number equal S. 437 S.J. RES. 7 to such limit, shall be selected, by lottery, At the request of Mr. SULLIVAN, the At the request of Mr. LEE, the name from such applications for the exemption names of the Senator from North Caro- of the Senator from Tennessee (Mrs. under subparagraph (A); and ‘‘(ii) the remaining applicants shall be sub- lina (Mr. TILLIS), the Senator from BLACKBURN) was added as a cosponsor ject to the numerical limitation under para- New Hampshire (Ms. HASSAN), the Sen- of S.J. Res. 7, a joint resolution dis- graph (1)(B).’’. ator from North Dakota (Mr. CRAMER), approving the action of the District of the Senator from Arizona (Ms. Columbia Council in approving the By Mr. DURBIN: SINEMA), the Senator from Idaho (Mr. Minor Consent for Vaccinations S. 511. A bill to establish the RISCH) and the Senator from Oregon Amendment Act of 2020. Bronzeville-Black Metropolis National (Mr. WYDEN) were added as cosponsors S. RES. 72 Heritage Area in the State of Illinois, of S. 437, a bill to amend title 38, At the request of Mr. COTTON, the and for other purposes; to the Com- United States Code, to concede expo- names of the Senator from South Caro- mittee on Energy and Natural Re- sure to airborne hazards and toxins lina (Mr. SCOTT), the Senator from Mis- sources. Mr. DURBIN. Mr. President, I ask from burn pits under certain cir- sissippi (Mr. WICKER) and the Senator unanimous consent that the text of the cumstances, and for other purposes. from Indiana (Mr. BRAUN) were added bill be printed in the RECORD. S. 450 as cosponsors of S. Res. 72, a resolution There being no objection, the text of opposing the lifting of sanctions im- At the request of Mr. BURR, the name the bill was ordered to be printed in of the Senator from Tennessee (Mr. posed with respect to Iran without ad- the RECORD, as follows: HAGERTY) was added as a cosponsor of dressing the full scope of Iran’s malign S. 511 S. 450, a bill to award posthumously activities, including its nuclear pro- Be it enacted by the Senate and House of Rep- the Congressional Gold Medal to Em- gram, ballistic and cruise missile capa- resentatives of the United States of America in mett Till and Mamie Till-Mobley. bilities, weapons proliferation, support Congress assembled, S. 459 for terrorism, hostage-taking, gross SECTION 1. SHORT TITLE. At the request of Mr. SCOTT of Flor- human rights violations, and other de- This Act may be cited as the ‘‘Bronzeville- ida, the name of the Senator from stabilizing activities. Black Metropolis National Heritage Area Act’’. North Dakota (Mr. CRAMER) was added f SEC. 2. DEFINITIONS. as a cosponsor of S. 459, a bill to amend STATEMENTS ON INTRODUCED In this Act: the National Voter Registration Act of BILLS AND JOINT RESOLUTION (1) HERITAGE AREA.—The term ‘‘Heritage 1993 and the Help America Vote Act of Area’’ means the Bronzeville-Black Metropo- 2002 to promote integrity in voter reg- By Mr. THUNE: lis National Heritage Area established by istration, the casting of ballots, and S. 495. A bill to prioritize the alloca- section 3(a). the tabulation of ballots in elections tion of H–2B visas for States with low (2) LOCAL COORDINATING ENTITY.—The term for Federal office, and for other pur- unemployment rates; to the Committee ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area poses. on the Judiciary. Mr. THUNE. Mr. President, I ask designated by section 4(a). S. 460 unanimous consent that the text of the (3) MANAGEMENT PLAN.—The term ‘‘man- agement plan’’ means the plan developed by At the request of Mr. RUBIO, the bill be printed in the RECORD. the local coordinating entity under section names of the Senator from Texas (Mr. There being no objection, the text of CORNYN) and the Senator from Mary- 5(a). the bill was ordered to be printed in (4) SECRETARY.—The term ‘‘Secretary’’ land (Mr. VAN HOLLEN) were added as the RECORD, as follows: means the Secretary of the Interior. cosponsors of S. 460, a bill to extend S. 495 (5) STATE.—The term ‘‘State’’ means the the authority for Federal contractors Be it enacted by the Senate and House of Rep- State of Illinois. to reimburse employees unable to per- resentatives of the United States of America in SEC. 3. BRONZEVILLE-BLACK METROPOLIS NA- form work due to the COVID–19 pan- Congress assembled, TIONAL HERITAGE AREA. (a) ESTABLISHMENT.—There is established demic from March 31, 2021, to Sep- SECTION 1. SHORT TITLE. tember 30, 2021. the Bronzeville-Black Metropolis National This Act may be cited as the ‘‘Prioritizing Heritage Area in the State. S. 465 Help to Businesses Act’’. (b) BOUNDARIES.—The Heritage Area shall At the request of Mr. MENENDEZ, the SEC. 2. PRIORITIZING THE ALLOCATION OF H–2B consist of the region in the city of Chicago, name of the Senator from California VISAS FOR STATES WITH LOW UNEM- Illinois, bounded as follows: PLOYMENT RATES. (Mr. PADILLA) was added as a cosponsor (1) 18th Street on the North to 22nd Street Section 214(g)(10) of the Immigration and of S. 465, a bill to establish and support on the South, from Lake Michigan on the Nationality Act (8 U.S.C. 1184(g)(10)) is East to Wentworth Avenue on the West. public awareness campaigns to address amended to read as follows: (2) 22nd Street on the North to 35th Street COVID–19-related health disparities ‘‘(10)(A) Except as provided in subpara- on the South, from Lake Michigan on the and promote vaccination. graphs (B) and (C), the numerical limitation East to the Dan Ryan Expressway on the S. 475 under paragraph (1)(B) shall not apply to H– West. 2B visas issued to aliens for positions that At the request of Mr. CORNYN, the (3) 35th Street on the North to 47th Street are certified for employment pursuant to name of the Senator from North Da- on the South, from Lake Michigan on the subpart A of part 655 of title 20, Code of Fed- East to the B&O Railroad (Stewart Avenue) kota (Mr. HOEVEN) was added as a co- eral Regulations, to perform service or labor on the West. sponsor of S. 475, a bill to amend title in a State that had a seasonally adjusted un- (4) 47th Street on the North to 55th Street 5, United States Code, to designate employment rate of 3.5 percent or lower in at on the South, from Cottage Grove Avenue on Juneteenth National Independence Day least 3 of the 6 most recent monthly reports the East to the Dan Ryan Expressway on the as a legal public holiday. issued by the Bureau of Labor Statistics dur- West. ing the previous fiscal half year cor- (5) 55th Street on the North to 67th Street S. 479 responding to each allotment period of H–2B on the South, from State Street on the West At the request of Mr. WICKER, the visas pursuant to subpart A of part 655 of to Cottage Grove Avenue/South Chicago Ave- name of the Senator from California title 20, Code of Federal Regulations. nue on the East. (Mrs. FEINSTEIN) was added as a co- ‘‘(B) The number of aliens exempted from (6) 67th Street on the North to 71st Street sponsor of S. 479, a bill to amend the the numerical limitation pursuant to sub- on the South, from Cottage Grove Avenue/ Internal Revenue Code of 1986 to rein- paragraph (A) in any State during any fiscal South Chicago Avenue on the West to the state advance refunding bonds. year may not exceed the lesser of— Metra Railroad tracks on the East. ‘‘(i) 125 percent of the number of visas SEC. 4. DESIGNATION OF LOCAL COORDINATING S. 488 issued to aliens working in such State during ENTITY. At the request of Mr. HAGERTY, the the most recently concluded fiscal year; or (a) LOCAL COORDINATING ENTITY.—The name of the Senator from Alaska (Ms. ‘‘(ii) 2,500. Black Metropolis National Heritage Area

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Commission shall be the local coordinating ordinating entity shall prepare and submit (2) FUNDING.—Funds appropriated under entity for the Heritage Area. to the Secretary a management plan for the this Act may not be expended to implement (b) AUTHORITIES OF LOCAL COORDINATING Heritage Area. any changes made by an amendment to the ENTITY.—The local coordinating entity may, (b) CONTENTS.—The management plan for management plan until the Secretary ap- for purposes of preparing and implementing the Heritage Area shall— proves the amendment. the management plan, use Federal funds (1) include comprehensive policies, strate- SEC. 6. RELATIONSHIP TO OTHER FEDERAL made available under this Act— gies, and recommendations for the conserva- AGENCIES. (1) to prepare reports, studies, interpretive tion, funding, management, and development (a) IN GENERAL.—Nothing in this Act af- exhibits and programs, historic preservation of the Heritage Area; fects the authority of a Federal agency to projects, and other activities recommended (2) take into consideration existing State provide technical or financial assistance in the management plan for the Heritage and local plans; under any other law. Area; (3) specify the existing and potential (b) CONSULTATION AND COORDINATION.—The (2) to make grants to the State, political sources of funding to protect, manage, and head of any Federal agency planning to con- subdivisions of the State, nonprofit organiza- develop the Heritage Area; duct activities that may have an impact on tions, and other persons; (4) include an inventory of the natural, his- the Heritage Area is encouraged to consult (3) to enter into cooperative agreements toric, cultural, educational, scenic, and rec- and coordinate the activities with the Sec- with the State, political subdivisions of the reational resources of the Heritage Area re- retary and the local coordinating entity to State, nonprofit organizations, and other or- lating to the themes of the Heritage Area the extent practicable. (c) OTHER FEDERAL AGENCIES.—Nothing in ganizations; that should be preserved, restored, managed, this Act— (4) to hire and compensate staff; developed, or maintained; and (1) modifies, alters, or amends any law or (5) to obtain funds or services from any (5) include an analysis of, and rec- regulation authorizing a Federal agency to source, including funds and services provided ommendations for, ways in which Federal, manage Federal land under the jurisdiction under any other Federal program or law; and State, and local programs, may best be co- of the Federal agency; (6) to contract for goods and services. ordinated to further the purposes of this Act, (2) limits the discretion of a Federal land (c) DUTIES OF LOCAL COORDINATING ENTI- including recommendations for the role of manager to implement an approved land use TY.—To further the purposes of the Heritage the National Park Service in the Heritage plan within the boundaries of the Heritage Area, the local coordinating entity shall— Area. Area; or (1) prepare a management plan for the Her- (c) DISQUALIFICATION FROM FUNDING.—If a (3) modifies, alters, or amends any author- itage Area in accordance with section 5; proposed management plan is not submitted ized use of Federal land under the jurisdic- (2) give priority to the implementation of to the Secretary by the date that is 3 years tion of a Federal agency. actions, goals, and strategies set forth in the after the date on which funds are first made management plan, including assisting units available to carry out this Act, the local co- SEC. 7. PRIVATE PROPERTY AND REGULATORY ordinating entity may not receive additional PROTECTIONS. of government and other persons in— funding under this Act until the date on Nothing in this Act— (A) carrying out programs and projects which the Secretary receives the proposed (1) abridges the rights of any property that recognize and protect important re- management plan. owner (whether public or private), including source values in the Heritage Area; (d) APPROVAL AND DISAPPROVAL OF MAN- the right to refrain from participating in any (B) encouraging economic viability in the AGEMENT PLAN.— plan, project, program, or activity conducted Heritage Area in accordance with the goals (1) IN GENERAL.—Not later than 180 days within the Heritage Area; of the management plan; after the date on which the local coordi- (2) requires any property owner to permit (C) establishing and maintaining interpre- nating entity submits the management plan public access (including access by Federal, tive exhibits in the Heritage Area; to the Secretary, the Secretary shall approve State, or local agencies) to the property of (D) developing heritage-based recreational or disapprove the proposed management the property owner, or to modify public ac- and educational opportunities for residents plan. cess or use of property of the property owner and visitors in the Heritage Area; (2) CONSIDERATIONS.—In determining under any other Federal, State, or local law; (E) increasing public awareness of and ap- whether to approve or disapprove the man- (3) alters any duly adopted land use regula- preciation for the natural, historic, and cul- agement plan, the Secretary shall consider tion, approved land use plan, or other regu- tural resources of the Heritage Area; whether— latory authority of any Federal, State, or (F) restoring historic buildings that are— (A) the local coordinating entity is rep- local agency, or conveys any land use or (i) located in the Heritage Area; and resentative of the diverse interests of the other regulatory authority to the local co- (ii) related to the themes of the Heritage Heritage Area, including governments, nat- ordinating entity; Area; and ural and historic resource protection organi- (4) authorizes or implies the reservation or (G) installing throughout the Heritage zations, educational institutions, businesses, appropriation of water or water rights; Area clear, consistent, and appropriate signs and recreational organizations; (5) diminishes the authority of the State to identifying public access points and sites of (B) the local coordinating entity has pro- manage fish and wildlife, including the regu- interest; vided adequate opportunities (including pub- lation of fishing and hunting within the Her- (3) consider the interests of diverse units of lic meetings) for public and governmental in- itage Area; or government, businesses, tourism officials, volvement in the preparation of the manage- (6) creates any liability, or affects any li- private property owners, and nonprofit ment plan; ability under any other law, of any private groups within the Heritage Area in devel- (C) the resource protection and interpreta- property owner with respect to any person oping and implementing the management tion strategies contained in the management injured on the private property. plan; plan, if implemented, would adequately pro- SEC. 8. EVALUATION; REPORT. (4) conduct public meetings at least semi- tect the natural, historic, and cultural re- (a) IN GENERAL.—Not later than 3 years be- annually regarding the development and im- sources of the Heritage Area; and fore the date on which authority for Federal plementation of the management plan; and (D) the management plan is supported by funding terminates for the Heritage Area, (5) for any fiscal year for which Federal the appropriate State and local officials, the the Secretary shall— funds are received under this Act— cooperation of which is needed to ensure the (1) conduct an evaluation of the accom- (A) submit to the Secretary an annual re- effective implementation of the State and plishments of the Heritage Area; and port that describes— local aspects of the management plan. (2) prepare a report in accordance with sub- (i) the accomplishments of the local co- (3) DISAPPROVAL AND REVISIONS.— section (c). ordinating entity; (A) IN GENERAL.—If the Secretary dis- (b) EVALUATION.—An evaluation conducted (ii) the expenses and income of the local approves a proposed management plan, the under subsection (a)(1) shall— coordinating entity; and Secretary shall— (1) assess the progress of the local coordi- (iii) the entities to which the local coordi- (i) advise the local coordinating entity, in nating entity with respect to— nating entity made any grants; writing, of the reasons for the disapproval; (A) accomplishing the purposes of this Act (B) make available for audit all records re- and for the Heritage Area; and lating to the expenditure of the Federal (ii) make recommendations for revision of (B) achieving the goals and objectives of funds and any matching funds; and the proposed management plan. the approved management plan for the Herit- (C) require, with respect to all agreements (B) APPROVAL OR DISAPPROVAL.—The Sec- age Area; authorizing the expenditure of Federal funds retary shall approve or disapprove a revised (2) analyze the Federal, State, local, and by other organizations, that the receiving management plan not later than 180 days private investments in the Heritage Area to organizations make available for audit all after the date on which the revised manage- determine the leverage and impact of the in- records relating to the expenditure of the ment plan is submitted. vestments; and Federal funds. (e) APPROVAL OF AMENDMENTS.— (3) review the management structure, part- SEC. 5. MANAGEMENT PLAN. (1) IN GENERAL.—The Secretary shall re- nership relationships, and funding of the (a) IN GENERAL.—Not later than 3 years view and approve or disapprove substantial Heritage Area for purposes of identifying the after the date on which funds are first made amendments to the management plan in ac- critical components for sustainability of the available to carry out this Act, the local co- cordance with subsection (d). Heritage Area.

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.051 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S958 CONGRESSIONAL RECORD — SENATE March 1, 2021 (c) REPORT.— ferred to the Committee on Rules and not be allowed as a deduction under the In- (1) IN GENERAL.—Based on the evaluation Administration: ternal Revenue Code of 1986. conducted under subsection (a)(1), the Sec- (2) DESIGNATION OF PROFESSIONAL STAFF.— S. RES. 80 retary shall prepare a report that includes (A) IN GENERAL.—Each co-chairperson of Resolved, recommendations for the future role of the the Commission may designate 1 profes- National Park Service, if any, with respect SECTION 1. SENATE HUMAN RIGHTS COMMIS- sional staff member. SION. to the Heritage Area. (B) COMPENSATION OF SENATE EMPLOYEES.— (a) COMMISSION ESTABLISHMENT.— (2) REQUIRED ANALYSIS.—If the report pre- In the case of the compensation of any pro- (1) IN GENERAL.—There is established in the pared under paragraph (1) recommends that Senate the Senate Human Rights Commis- fessional staff member designated under sub- Federal funding for the Heritage Area be re- sion (in this section referred to as the ‘‘Com- paragraph (A) who is an employee of a Mem- authorized, the report shall include an anal- mission’’). ber of the Senate or of a committee of the ysis of— Senate and who has been designated to per- (2) DUTIES.—The Commission shall— (A) ways in which Federal funding for the (A) serve as a forum for bipartisan discus- form services for the Commission, the pro- Heritage Area may be reduced or eliminated; sion of international human rights issues fessional staff member shall continue to be and and promotion of internationally recognized paid by the Member or committee, as the (B) the appropriate time period necessary human rights as enshrined in the Universal case may be, but the account from which the to achieve the recommended reduction or Declaration of Human Rights; professional staff member is paid shall be re- elimination. (B) raise awareness of international human imbursed for the services of the professional (3) SUBMISSION TO CONGRESS.—On comple- rights violations through regular briefings staff member (including agency contribu- tion of the report, the Secretary shall sub- and hearings; and tions when appropriate) out of funds made mit the report to— (C) collaborate with congressional commit- available under subsection (c). (A) the Committee on Energy and Natural tees and other congressional entities, the ex- (C) DUTIES.—Each professional staff mem- Resources of the Senate; and ecutive branch, human rights entities, and ber designated under subparagraph (A) (B) the Committee on Natural Resources of nongovernmental organizations to promote shall— the House of Representatives. human rights initiatives within the Senate. (i) serve all members of the Commission; SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (3) LIMITATIONS.—The Commission shall and (a) IN GENERAL.—There is authorized to be not— (ii) carry out such other functions as the appropriated to carry out this Act $10,000,000, (A) have legislative jurisdiction; co-chairperson designating the professional of which not more than $1,000,000 may be au- (B) have authority to take legislative ac- staff member may specify. thorized to be appropriated for any fiscal tion on any bill or resolution; or (c) PAYMENT OF EXPENSES.— year. (C) encroach upon the jurisdiction of any (1) IN GENERAL.—The expenses of the Com- (b) COST-SHARING REQUIREMENT.—The Fed- standing, select, or special committee of the mission shall be paid from the Contingent eral share of the cost of any activity carried Senate. Fund of the Senate, out of the account of out using funds made available under this (4) MEMBERSHIP.—Any Senator may be- Miscellaneous Items, upon vouchers ap- Act shall be not more than 50 percent. come a member of the Commission by sub- proved jointly by the co-chairpersons (except that vouchers shall not be required for the SEC. 10. TERMINATION OF AUTHORITY. mitting a written statement to that effect to disbursement of salaries of employees who The authority of the Secretary to provide the Commission. are paid at an annual rate of pay). financial assistance under this Act termi- (5) CO-CHAIRPERSONS OF THE COMMISSION.— (2) AMOUNTS AVAILABLE.—For any fiscal nates on the date that is 15 years after the (A) IN GENERAL.—Two members of the year, not more than $200,000 shall be ex- date of enactment of this Act. Commission shall be appointed to serve as co-chairpersons of the Commission, as fol- pended for employees and expenses. f lows: f SUBMITTED RESOLUTIONS (i) One co-chairperson shall be appointed, and may be removed, by the majority leader SENATE RESOLUTION 81—HON- of the Senate. ORING LAS DAMAS DE BLANCO, SENATE RESOLUTION 78—NOTI- (ii) One co-chairperson shall be appointed, A WOMEN-LED NONVIOLENT FYING THE PRESIDENT OF THE and may be removed, by the minority leader MOVEMENT IN SUPPORT OF UNITED STATES OF THE ELEC- of the Senate. FREEDOM AND HUMAN RIGHTS (B) TERM.—The term of a member as a co- IN CUBA, AND CALLING FOR THE TION OF THE SECRETARY OF chairperson of the Commission shall end on THE SENATE RELEASE OF ALL POLITICAL the last day of the Congress during which the PRISONERS IN CUBA Mr. SCHUMER submitted the fol- member is appointed as a co-chairperson, un- lowing resolution; which was consid- less the member ceases being a member of Mr. RUBIO (for himself and Mr. ered and agreed to: the Senate, leaves the Commission, resigns MENENDEZ) submitted the following from the position of co-chairperson, or is re- resolution; which was referred to the S. RES. 78 moved. Committee on Foreign Relations: Resolved, That the President of the United (C) PUBLICATION.—Appointments under this States be notified of the election of the Hon- paragraph shall be printed in the Congres- S. RES. 81 orable Sonceria Ann Berry as Secretary of sional Record. Whereas Las Damas de Blanco (also known the Senate. (D) VACANCIES.—Any vacancy in the posi- as the ‘‘Ladies in White’’) is a group com- posed of wives and relatives of political pris- f tion of co-chairperson of the Commission shall be filled in the same manner in which oners, prisoners of conscience, and peaceful SENATE RESOLUTION 79—NOTI- the original appointment was made. dissidents in Cuba; FYING THE HOUSE OF REP- (b) COMMISSION STAFF.— Whereas, in April 2003, during the wave of RESENTATIVES OF THE ELEC- (1) COMPENSATION AND EXPENSES.— repression known as the ‘‘Black Spring’’, a TION OF THE SECRETARY OF (A) IN GENERAL.—The Commission is au- group of strong and courageous women thorized, from funds made available under formed Las Damas de Blanco in response to THE SENATE subsection (c), to— the wrongful imprisonment of their family Mr. SCHUMER submitted the fol- (i) employ such staff in the manner and at members by the Cuban regime; lowing resolution; which was consid- a rate not to exceed that allowed for employ- Whereas members of Las Damas de Blanco ered and agreed to: ees of a committee of the Senate under sec- continue attempting to attend Sunday mass tion 105(e)(3) of the Legislative Branch Ap- in the Church of Santa Rita de Casia in Ha- S. RES. 79 propriation Act, 1968 (2 U.S.C. 4575(e)(3)); and vana, and other churches throughout dif- Resolved, That the House of Representa- (ii) incur such expenses as may be nec- ferent provinces in Cuba, and then march tives be notified of the election of the Honor- essary or appropriate to carry out its duties peacefully through the streets of Havana able Sonceria Ann Berry as Secretary of the and functions. holding gladiolus despite the Cuban regime’s Senate. (B) EXPENSES.— constant efforts to block their nonviolent ex- f (i) IN GENERAL.—Payments made under this ercise of freedom of assembly and speech; subsection for receptions, meals, and food-re- Whereas members of Las Damas de Blanco SENATE RESOLUTION 80—ESTAB- lated expenses shall be authorized only for regularly march to advocate for the release LISHING THE SENATE HUMAN actual expenses incurred by the Commission of all political prisoners and the freedom of RIGHTS COMMISSION in the course of conducting its official duties the Cuban people; and functions. Whereas, despite exercising their funda- ILLIS Mr. COONS (for himself, Mr. T , (ii) TREATMENT OF PAYMENTS.—Amounts mental rights to freedom of expression and Mr. DURBIN, Ms. COLLINS, Mr. VAN HOL- received as reimbursement for expenses de- assembly, members of Las Damas de Blanco LEN, and Mr. LANKFORD) submitted the scribed in clause (i) shall not be reported as are regularly attacked by security forces and following resolution; which was re- income, and the expenses so reimbursed shall mobs organized by the Cuban regime;

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.051 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S959 Whereas, according to Amnesty Inter- testing and transferred to a women’s prison Mae (ne´e Carter) and his father Eddie Lewis, national— a month later; a sharecropper; (1) Las Damas de Blanco ‘‘remain[s] one of Whereas, on August 2018, Marta Sa´ nchez Whereas, at 5 years old, Mr. Lewis was the primary targets of repression by Cuban Gonza´ lez faced a rigged trial and was sen- given responsibility for the family chicken [G]overnment authorities’’; and tenced to 4 years and 6 months of imprison- flock, including his favorite, Li’l Pullet, (2) members of Las Damas de Blanco are ment alongside prisoners incarcerated for which he tended with great care and to frequently detained and ‘‘often beaten by law common crimes; which he would preach nearly every evening, enforcement officials and state security Whereas, throughout 2019, Las Damas de which— agents dressed as civilians’’ while in deten- Blanco experienced countless arrests, acts of (1) led his family to give Mr. Lewis the tion; repression, and violent attacks intended to childhood nickname of ‘‘Preacher’’; and Whereas, according to the Human Rights imperil their physical and mental state as a (2) instilled in Mr. Lewis an early desire to Watch 2019 World Report, in Cuba ‘‘detention result of their peaceful advocacy of the re- enter the clergy; is often used preemptively to prevent people lease of all political prisoners; Whereas, from a young age, Mr. Lewis in- from participating in peaceful marches or Whereas the total number of arrests in 2019 sisted on attending school daily, defying his meetings to discuss politics, and detainees conducted by the Cuban Police against Las parents’ instructions to work the family are often beaten, threatened, and held in- Damas de Blanco is 1,120, including those of farm, which established within Mr. Lewis a communicado for hours or days’’; Berta Soler Ferna´ ndez, who has been con- lifelong commitment to education and en- Whereas the Human Rights Watch 2019 stantly harassed, violently attacked, and de- lightenment; World Report noted that ‘‘Cuban Police or tained for lengthy periods of time, and Whereas when Mr. Lewis was 15 years old state security agents continue to routinely Xiomara de las Mercedes Cruz Miranda, who he was ‘‘shaken to the core’’, as described in harass, rough up, and detain members of Las was imprisoned in 2018; his memoir ‘‘Walking With the Wind’’, by Damas de Blanco before or after they attend Whereas, upon entering prison the first the Mississippi murder of Emmett Till, deep- Sunday mass’’; time on April 15, 2016, Ms. Cruz Miranda was ening his passionate opposition to segrega- Whereas, in 2005, Las Damas de Blanco in good health, but after being sent to prison tion and Jim Crow laws; were selected to receive the Sakharov Prize for the second time in 2018, she acquired a Whereas, as a high school student, Mr. for Freedom of Thought, but the Cuban re- Lewis intensely followed the progress of the gime did not allow members of the group to rare skin disease in the women’s prison in Ciego de A´ vila and her health began to be af- Montgomery Bus Boycott (referred to in this leave the island to accept the award; preamble as the ‘‘Boycott’’) in 1955 and 1956, Whereas Laura Ines Polla´ n Toledo, the fected by several conditions, including tuber- culosis, which severely damaged her res- awakening him to the power of nonviolent founder of Las Damas de Blanco, left a leg- resistance to segregation; acy of peaceful protest against human and piratory system and her mental and physical health; and Whereas Mr. Lewis wrote in his memoir civil rights abuses in Cuba; that the Boycott ‘‘changed my life more ´ Whereas Ms. Cruz Miranda remained hos- Whereas Laura Ines Pollan Toledo died on than any other event before or since’’; October 14, 2011, and while her death gar- pitalized for more than 6 months in Cuba, and after her health condition failed to sta- Whereas, while following the progress of nered widespread international attention, the Boycott, Mr. Lewis was inspired by radio the Cuban regime remained silent; bilize, she was admitted to Jackson South broadcasts featuring one of the leaders of the Whereas, in February 2015, 30 members of Hospital in the City of Miami on January Boycott, Dr. Martin Luther King Jr. (re- Las Damas de Blanco were arrested in an at- 2020, thanks to a humanitarian visa granted by the United States Government: Now, ferred to in this preamble as ‘‘Dr. King’’)— tempt by Cuban officials to bar the women (1) whom Mr. Lewis’ parents referred to as from participating in marches, which sought therefore, be it Resolved, That the Senate— ‘‘that young preacher’’; and to advocate for the freedom of political pris- (2) whose example deepened Mr. Lewis’ am- (1) honors the courageous members of Las oners in Cuba; bition to become a minister; Damas de Blanco for their peaceful efforts to Whereas, while Rau´ l Castro is no longer Whereas, inspired by Dr. King, Mr. Lewis, speak up for the voiceless and stand up to the head of Cuba, grave human rights abuses on February 16, 1956, 5 days before his 16th the Cuban regime in defense of human rights continue under the current President of birthday, preached his first public sermon, and fundamental freedoms, such as freedom Cuba, Miguel Dı´az-Canel; entitled ‘‘A Praying Mother’’, at Macedonia of expression and assembly; Whereas Las Damas de Blanco has ap- Baptist Church in Troy, Alabama, which (2) recognizes the brave leaders of Las pealed to the United States Government and came from the First Book of Samuel and dis- Damas de Blanco who have been arbitrarily other foreign governments in order to bring cussed the example of Hannah, mother of detained due to their peaceful activism, in- international attention to the repression of Samuel, which sermon made such an impact cluding Marta Sa´ nchez Gonza´ lez, who is cur- dissidents by the Cuban regime and the that it was published in the Montgomery Ad- rently serving a sentence under house arrest, plight of political prisoners, who are rou- vertiser newspaper; and Aymara Nieto Mun˜ oz, who is imprisoned tinely jailed unjustly and without due proc- Whereas, on February 18, 1956, 2 days after an extended distance from her family, which ess; Mr. Lewis gave his first public sermon, a rel- poses significant obstacles to family visits; Whereas, on May 17, 2018, Las Damas de ative of Mr. Lewis, Thomas Brewer of Colum- (3) expresses solidarity with the Cuban peo- Blanco received the prestigious 2018 Milton bus, Georgia, a voting rights activist work- ple and a commitment to the democratic as- Friedman Prize for Advancing Liberty in ing with the National Association for the pirations of those Cubans calling for a free recognition of the bravery of the group and Advancement of Colored People (referred to Cuba; its continuing efforts to fight for individual in this preamble as the ‘‘NAACP’’), was shot (4) calls on the Cuban regime to allow freedom in Cuba; to death by a white man who was never in- members of Las Damas de Blanco to attend Whereas Berta de los Angeles Soler dicted for the murder; weekly masses and travel freely both domes- Ferna´ ndez and Leticia Ramos Herreria, Whereas Mr. Lewis joined the NAACP in tically and internationally; and members of Las Damas de Blanco, were pro- the summer of 1956; (5) calls for the release of all political pris- hibited by the Dı´az-Canel regime from leav- Whereas, in 1958, Mr. Lewis wrote a letter oners detained and imprisoned by the Cuban ing Cuba to accept the 2018 Milton Friedman to Dr. King, who responded with a round trip regime. Prize for Advancing Liberty in the United bus ticket for Mr. Lewis to visit Mont- States; f gomery, Alabama, where Mr. Lewis and Dr. Whereas, on May 6, 2018, Aymara Nieto King met at Reverend Ralph David Mun˜ oz, a member of Las Damas de Blanco, SENATE RESOLUTION 82—HON- ORING THE LIFE AND LEGACY Abernathy’s First Baptist Church; was violently arrested and during her trans- Whereas, while a student at the American fer in a patrol car, was beaten by a uni- OF JOHN ROBERT LEWIS AND Baptist Theological Seminary in Nashville, formed cop, causing Nieto to require medical COMMENDING JOHN ROBERT Tennessee, Mr. Lewis— attention; LEWIS FOR HIS TOWERING (1) was a founding member of the Student Whereas, following 10 days of confinement ACHIEVEMENTS IN THE NON- Nonviolent Coordinating Committee (re- in a cell of the Santiago de las Vegas-La VIOLENT STRUGGLE FOR CIVIL ferred to in this preamble as the ‘‘SNCC’’); ˜ Habana, Aymara Nieto Munoz was trans- RIGHTS and ferred to Havana’s women’s prison, known as (2) organized sit-ins at segregated lunch the Guatao, and remains detained pending a Mr. OSSOFF (for himself, Mr. ROM- counters, pushing Nashville to become the trial for an alleged ‘‘crime of attack’’ with NEY, Mr. WARNOCK, Mr. REED, Mr. first major city in the South to begin the de- other prisoners arrested for petty crimes; CARDIN, and Mr. LEAHY) submitted the segregation of public facilities; Whereas this is the second time that following resolution; which was consid- Whereas Mr. Lewis graduated from the ˜ Aymara Nieto Munoz has been imprisoned ered and agreed to: American Baptist Theological Seminary in for political reasons, as she was sentenced to 1961, and was subsequently ordained as a 1 year of prison for an alleged crime of public S. RES. 82 Baptist minister; disorder following a politically charged trial Whereas John Robert Lewis (referred to in Whereas, in 1961, Mr. Lewis became one of on June 3, 2017; this preamble as ‘‘Mr. Lewis’’) was born on the 13 original Freedom Riders, who chal- Whereas, in March 2018, Marta Sa´ nchez February 21, 1940, near Troy, Alabama, the lenged segregated interstate travel through- Gonza´ lez was arrested for peacefully pro- third of 10 children born to his mother Willie out the South;

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Whereas, at just 23 years old, Mr. Lewis Act of 2007 (28 U.S.C. 509 note; Public Law S. RES. 83 helped organize the 1964 March on Wash- 110–344) to investigate unsolved civil rights Whereas the National FFA Organization ington, at which— crimes, which was signed into law by Presi- (referred to in this preamble as the ‘‘FFA’’) (1) Dr. King gave his famous ‘‘I Have a dent George W. Bush in 2008; was established in 1928; Dream’’ speech; and Whereas, in 2011, President Barack Obama Whereas the mission of the FFA is to make (2) Mr. Lewis vowed, in his address at the awarded Mr. Lewis the Presidential Medal of a positive difference in the lives of students Lincoln Memorial, to ‘‘splinter the seg- Freedom, the highest civilian honor in the by developing their potential for premier regated South into a thousand pieces and put United States; them back together in the image of God and leadership, personal growth, and career suc- Whereas Mr. Lewis’ colleagues referred to cess through agricultural education; democracy’’; him as the ‘‘conscience of the Congress’’ for Whereas Mr. Lewis led demonstrations Whereas the FFA has 760,113 members in his— 8,739 chapters in all 50 States, Puerto Rico, against racially segregated hotels, rest- (1) relentless pursuit of justice; rooms, swimming pools, and public parks for and Washington, DC; (2) unflinching commitment to building Whereas the FFA welcomes all students; which he was brutally beaten, left uncon- what Dr. King and Mr. Lewis referred to as scious in his own blood, and arrested 40 Whereas more than 13,000 FFA advisors and the ‘‘Beloved Community’’, a society with- agricultural education teachers deliver an times, spending countless nights in county out poverty, racism, or violence; and jails and 37 days in Parchman Penitentiary; integrated model of agricultural education, (3) willingness to make what he called Whereas, in 1963, as Chair of the SNCC, Mr. providing students with an innovative and ‘‘good trouble, necessary trouble’’ to con- Lewis moved to Atlanta, Georgia; cutting-edge education; front acts of injustice; and Whereas, on March 7, 1965, on what would Whereas 2021 marks 50 years of FFA Alum- Whereas, on July 17, 2020, Mr. Lewis died, become known as ‘‘Bloody Sunday’’, Mr. ni and Supporters; devastating his family, his staff, the City of Lewis led 600 peaceful demonstrators de- Whereas there are more than 8,000,000 FFA Atlanta, the State of Georgia, and the people manding their right to vote across the Ed- alumni worldwide; and of the United States, who united to honor his mund Pettus Bridge in Selma, Alabama, Whereas members of the FFA will cele- monumental legacy of hard work and self- where Mr. Lewis, who suffered a fractured brate ‘‘National FFA Week’’ during the week sacrifice in the pursuit of liberty and justice skull, and other demonstrators were met of February 20 through February 27, 2021: with violence and police brutality; for all, which culminated in Mr. Lewis lying Now, therefore, be it Whereas, after televised images of the in state at the United States Capitol before Resolved, That the Senate— Bloody Sunday violence in Selma shocked his memorial service at Ebenezer Baptist (1) supports the designation of February 20 the conscience of the United States, Presi- Church in Atlanta: Now, therefore, be it through February 27, 2021, as ‘‘National FFA dent Lyndon B. Johnson called for equal vot- Resolved, That the Senate— Week’’; ing rights legislation before a joint session of (1) honors the life and legacy of John Rob- (2) recognizes the important role of the Na- Congress, which evolved into his signing of ert Lewis, an American hero and civil rights tional FFA Organization in developing the the Voting Rights Act of 1965 (52 U.S.C. 10301 leader who— next generation of leaders who will change et seq.) on August 6, 1965; (A) faced brutality and suffered grievous the world; and Whereas, on December 21, 1968, Mr. Lewis injuries while remaining steadfastly com- (3) celebrates 50 years of National FFA Or- married the love of his life, Lillian Miles, mitted to the nonviolent struggle for civil ganization Alumni and Supporters. who was his best friend, closest ally, and rights; f most steadfast supporter until her death on (B) dedicated his life to defending the dig- December 31, 2012, the 45th anniversary of nity of all people and building the ‘‘Beloved SENATE RESOLUTION 84—AMEND- their meeting; Community’’; and (C) spent more than 3 decades as a Member ING THE STANDING RULES OF Whereas, in 1970, Mr. Lewis became direc- THE SENATE TO PROHIBIT THE tor of the Voter Education Project, which of Congress defending and strengthening added nearly 4,000,000 minority voters to the civil rights; and CONSIDERATION OF LEGISLA- voter rolls and changed the political land- (2) commends John Robert Lewis for his TION IN THE SENATE UNLESS scape of the United States forever; towering achievements in the nonviolent THE TEXT OF THE LEGISLATION Whereas, in 1977, President Jimmy Carter struggle for civil rights. THAT WILL BE CONSIDERED HAS appointed Mr. Lewis to direct more than f BEEN MADE PUBLICLY AVAIL- 250,000 volunteers of ACTION, which was ABLE IN ELECTRONIC FORM FOR then a Federal volunteer agency; SENATE RESOLUTION 83—EX- A MANDATORY MINIMUM RE- Whereas, in 1981, Mr. Lewis won elected of- VIEW PERIOD fice for the first time as an at-large Council- PRESSING SUPPORT FOR THE man on the Atlanta City Council, where he DESIGNATION OF FEBRUARY 20 Mr. SCOTT of Florida (for himself, was a powerful advocate for ethics and THROUGH FEBRUARY 27, 2021, AS Ms. ERNST, Mr. HAWLEY, Mr. MAR- neighborhood preservation, including saving ‘‘NATIONAL FFA WEEK’’, RECOG- SHALL, and Mr. KENNEDY) submitted from destruction the historic neighborhoods NIZING THE IMPORTANT ROLE the following resolution; which was re- of the Old Fourth Ward, Inman Park, Can- OF THE NATIONAL FFA ORGANI- ferred to the Committee on Rules and dler Park, and Druid Hills; ZATION IN DEVELOPING THE Administration: Whereas, in 1982, Mr. Lewis worked with NEXT GENERATION OF LEADERS the American Jewish Committee to found S. RES. 84 WHO WILL CHANGE THE WORLD, the Atlanta Black-Jewish Coalition, part of Resolved, AND CELEBRATING 50 YEARS OF his decades-long friendship and alliance with SECTION 1. PROHIBITING CONSIDERATION OF the Jewish community of Georgia, which NATIONAL FFA ORGANIZATION TEXT OF LEGISLATION UNTIL COM- later led to the establishment of the Con- ALUMNI AND SUPPORTERS PLETION OF MANDATORY MINIMUM gressional Black-Jewish caucus; REVIEW PERIOD. Mr. YOUNG (for himself, Mr. COONS, Whereas, in 1986, Mr. Lewis became the (a) IN GENERAL.—Rule XII of the Standing second African American to represent Geor- Mr. BARRASSO, Mrs. BLACKBURN, Mr. Rules of the Senate is amended by adding at gia in Congress since Reconstruction; BLUNT, Mr. BOOKER, Mr. BOOZMAN, Mr. the end the following new paragraph: Whereas Mr. Lewis fought for the passage BRAUN, Mrs. CAPITO, Mr. CARPER, Mr. ‘‘(5)(a) It shall not be in order to consider of the Civil Rights Act of 1991 (Public Law CASEY, Mr. CASSIDY, Ms. COLLINS, Mr. a bill, joint resolution, resolution, or con- 102–166; 105 Stat. 1071), which was signed into CORNYN, Ms. CORTEZ MASTO, Mr. COT- ference report unless the text of the bill, law by President George H.W. Bush; TON, Mr. CRAMER, Mr. CRAPO, Mr. CRUZ, joint resolution, resolution, or conference re- Whereas, in 2001, Mr. Lewis was awarded Mr. DAINES, Mr. DURBIN, Mrs. FISCHER, port which will be considered has been pub- the John F. Kennedy Library Foundation licly available in electronic form for the Mr. GRASSLEY, Mr. HAGERTY, Ms. HAS- Profile in Courage Award for ‘‘his extraor- mandatory minimum review period. dinary courage, leadership and commitment SAN, Mr. HAWLEY, Mr. HOEVEN, Mrs. ‘‘(b) Each Senator shall self certify that to civil rights’’; HYDE-SMITH, Mr. INHOFE, Mr. JOHNSON, the Senator has read a bill, joint resolution, Whereas Mr. Lewis led the effort to build Mr. KELLY, Mr. KING, Mr. LANKFORD, resolution, or conference report before vot- what is now known as the Sam Nunn Atlanta Mr. LUJA´ N, Ms. LUMMIS, Mr. MARSHALL, ing on the bill, joint resolution, resolution, Federal Center, one of the largest Federal Mr. MERKLEY, Mr. MORAN, Mr. RISCH, or conference report. buildings in the United States; Mr. ROMNEY, Mr. ROUNDS, Mr. RUBIO, ‘‘(c) In this paragraph, the term ‘manda- Whereas, in 2003, Mr. Lewis secured author- Mr. SCOTT of South Carolina, Ms. tory minimum review period’ means, with ization for construction of the National Mu- respect to a bill, joint resolution, resolution, SMITH, Ms. STABENOW, Mr. THUNE, Mr. seum of African American History and Cul- or conference report, the greater of— ture on the National Mall in Washington, TILLIS, Mr. TUBERVILLE, Mr. WARNOCK, ‘‘(i) the period— DC; Mr. WICKER, and Mr. SCOTT of Florida) ‘‘(I) that begins with the first hour begin- Whereas, in 2007, Mr. Lewis introduced the submitted the following resolution; ning after the text of the bill, joint resolu- Emmett Till Unsolved Civil Rights Crime which was considered and agreed to: tion, resolution, or conference report which

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.062 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S961 will be considered is first made publicly friend, or for a child with disabilities, in the sential to the functioning and flourishing of available in electronic form; and preceding 12 months; the United States, and to the care of all peo- ‘‘(II) that consists of a number of minutes Whereas 60 percent of unpaid caregivers ple; equal to two times the number of pages of worked for pay outside the home, and most Whereas, during the COVID–19 pandemic, it the text of the bill, joint resolution, resolu- were women; has been necessary for frontline workers to tion, or conference report which will be con- Whereas over 3,000,000 children and young engage in numerous strikes and work stop- sidered; and people in the United States had also been pages to obtain safe workplaces, personal ‘‘(ii) 72 hours after the text of the bill, caregivers for adults; protective equipment, the right to shelter in joint resolution, resolution, or conference re- Whereas, in 2019, women in the United place, and other basic protections; port which will be considered is first made States spent an average of nearly 4 hours per Whereas domestic workers, mostly from publicly available in electronic form.’’. day on unpaid care work and housework, 57 the global South, were the most common (b) TECHNICAL AND CONFORMING AMEND- percent more hours than men; victims of labor trafficking reported in the MENTS.— Whereas just as our country’s physical in- United States between 2007 and 2017; The Standing Rules of the Senate is frastructure is crumbling, the Federal and Whereas care and domestic workers who amended— State programs constituting our care infra- are migrants or immigrants are especially (1) in paragraph 1 of rule VIII, by inserting structure are an outdated patchwork, and likely to face wage theft, abuse, and other ‘‘the text of which has been available for the quality care is inaccessible for millions of forms of exploitation; mandatory minimum review period, as de- people in the United States; Whereas hospitals in the United States are fined in paragraph 5 of rule XII, and’’ after Whereas the United States does not guar- understaffed, and most of the country does ‘‘bills and resolutions’’; antee paid time off to give and receive care, not require minimum nurse-to-patient ratios (2) in rule XIV— and is the only industrialized country in the that save lives; (A) in paragraph 3, by striking ‘‘on that world without a national paid family and Whereas health care and social assistance day’’ and inserting ‘‘before the expiration of medical leave program; workers suffer from the highest rates of inju- the mandatory minimum review period, as Whereas, in 2018, only 17 percent of the ries due to workplace violence; defined in paragraph 5 of rule XII,’’; and United States workforce had access to paid Whereas the closure of rural hospitals is (B) in paragraph 6, by striking ‘‘one day’’ family leave through their employer; accelerating, and 135 rural hospitals have and inserting ‘‘for the mandatory minimum Whereas the median cost of a private room closed since 2010; review period, as defined in paragraph 5 of in a nursing home facility is $105,850 per Whereas Black, Latino, and Indigenous rule XII,’’; year; people have all been more than twice as like- (3) in paragraph 5 of rule XVII, by striking Whereas childcare is the highest household ly to die of COVID–19 than White people; ‘‘two calendar days (excluding Sundays and expense for families in much of the United Whereas adults receiving long-term care in legal holidays’’ and inserting ‘‘the manda- States, and public childcare assistance is institutional settings represent less than 1 tory minimum review period, as defined in limited; percent of the United States population, but paragraph 5 of rule XII,’’; and Whereas Medicaid— account for more than one-third of COVID–19 (4) in paragraph 5 of rule XXVIII, by strik- (1) covers long-term care needs, but with deaths in the United States as of the date of ing ‘‘shall be immediately put’’ and inserting strict income and asset eligibility require- introduction of this resolution; Whereas the decision of the Supreme Court ‘‘shall be put after the expiration of the ments; and of the United States in Olmstead v. L.C., 527 mandatory minimum review period, as de- (2) has an institutional bias, requiring U.S. 581 (1999), established the right of people fined in paragraph 5 of rule XII’’. State programs to cover care in congregate facilities, while home and community-based with disabilities to be independent and sup- f services are optional and limited; ported in their homes and communities; SENATE RESOLUTION 85—EX- Whereas Medicare generally does not cover Whereas lack of access to technology and PRESSING THE SENSE OF THE long-term services and supports; broadband internet among people of color, Whereas only 7 percent of individuals in low-income and rural communities, older SENATE THAT IT IS THE DUTY adults, and people with disabilities has nega- OF THE FEDERAL GOVERNMENT the United States aged 50 or older are cov- ered by private long-term care insurance, tively impacted the well-being of those peo- TO DRAMATICALLY EXPAND AND which is often prohibitively expensive; ple, particularly during the COVID–19 pan- STRENGTHEN THE CARE ECON- Whereas, in 2019, nearly 30,000,000 people, demic; OMY including 4,400,000 children, did not have Whereas, on any given night in 2019, well over 550,000 people were unhoused in the Ms. WARREN (for herself, Mr. MAR- health insurance in the United States, over half of them people of color, and tens of mil- United States; KEY, Mr. BROWN, and Mr. MERKLEY) lions more people were underinsured; Whereas, in 2019, in the United States, 1 in submitted the following resolution; Whereas the median annual pay of 7 children, more than 1 in 4 Black children, which was referred to the Committee childcare and home care workers is $25,510 and more than 1 in 5 Latino and Indigenous on Health, Education, Labor, and Pen- and $17,200, respectively, leading to high children lived in poverty; sions: turnover and reliance on public assistance; Whereas youth suicide rates are rising, and suicide attempts by Black adolescents in- Whereas childcare workers are 95 percent S. RES. 85 creased by 73 percent between 1991 and 2017; women, and home care workers are 87 per- Whereas the preamble of the Constitution Whereas the Federal Head Start program cent women, both disproportionately people of the United States cites the duty to ‘‘pro- reaches only 36 percent of eligible low-in- of color and immigrants; mote the general Welfare’’, establishing care come children, and Early Head Start reaches Whereas, in 2020, according to the Bureau for the people of the United States as one of only 11 percent; of Labor Statistics, 8 percent of health care the pillars of our system of government; Whereas 14,000,000 students attend schools support workers and 3.6 percent of personal Whereas, even before the novel coronavirus with a police officer but no counselor, nurse, care and service workers were members of disease 2019 (COVID–19) pandemic, and the psychologist, or social worker; unions; recession it triggered— Whereas mental health professionals, such Whereas these conditions have historical (1) the United States was experiencing pro- as school psychologists and counselors, are roots, as— found crises of care and well-being; and (1) in the decades following the abolition of best equipped to maintain school safety (2) critical public services and programs in slavery in the United States, Black people without pushing children into the school-to- the United States were underresourced or primarily worked as domestic and agricul- prison pipeline; nonexistent; tural laborers; and Whereas nearly 1 in 4 students, or up to Whereas we are interdependent and, at var- (2) during the New Deal-era, domestic and 3,000,000 students, has been missing from ious stages of life, everyone will give or re- agricultural workers were excluded from so- school during the COVID–19 pandemic, and ceive care; cial programs and labor protections, particu- will need additional support both in and out- Whereas care work makes all other work larly those created by— side of school to accelerate learning; possible, and the economy of the United (A) the Social Security Act (42 U.S.C. 301 Whereas the youth mental health crisis States cannot thrive without a healthy and et seq.); has been exacerbated by the climate crisis, robust foundation of care for all people; (B) the National Labor Relations Act (29 and has worsened due to the COVID–19 pan- Whereas over 3,700,000 children are born U.S.C. 151 et seq.); and demic and economic collapse; every year in the United States, and about (C) the Fair Labor Standards Act of 1938 Whereas Black, Brown, Indigenous, and 10,000 people in the United States reach re- (29 U.S.C. 201 et seq.); low-income communities have borne the tirement age each day; Whereas the COVID–19 pandemic has un- brunt of health impacts arising from fossil Whereas nearly 20,000,000 adults in the derscored that frontline work, including di- fuel use, industrial pollution, and crumbling United States have long-term care needs rect care, childcare, nursing, health care, infrastructure; arising from old age or a disability; public and community health, mental Whereas, increasingly, climate disasters Whereas, in 2019, more than 1 out of 5 health, domestic, social assistance, edu- and extreme weather events are leaving be- adults in the United States had been an un- cation, service, retail, delivery, food, res- hind communities suffering from widespread paid caregiver for an adult family member or taurant, agricultural, and other work, is es- trauma and in need of mental health care;

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.061 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE S962 CONGRESSIONAL RECORD — SENATE March 1, 2021 Whereas nurses, care and social assistance veterans, survivors of abuse, and children (v) additional support for unpaid care- workers, and educators— and young people coping with economic and givers, people with disabilities, older adults, (1) have been first responders during cli- climate disruption; and and children, with the goal of eradicating mate disasters and extreme weather events; (iii) approaching care policy as part of a child poverty; and (2) are essential for responding to other broader agenda of dismantling systemic rac- (E) building and expanding other zero-car- forms of environmental harm; and ism, sexism, economic inequality, and other bon, non-polluting, climate-safe infrastruc- (3) have taken grave personal risks to help forms of oppression, alongside efforts to ture and jobs that are intimately connected the people they serve; achieve truth and reconciliation, repara- to the care infrastructure described in sub- Whereas worsening climate impacts will tions, decarceration, restorative justice, In- paragraph (D), to meet the fundamental ma- make care work more necessary and care digenous sovereignty, a fair and humane im- terial, developmental, emotional, and social more difficult to administer, disproportion- ately impacting children, older adults, and migration system, demilitarization, a Fed- needs of all people, including— people with disabilities, who risk being sepa- eral jobs guarantee, and economic, environ- (i) clean air and water; rated from their regular care workers and mental, and climate justice for all; (ii) public, permanently affordable, and caregivers; (B) raising pay, benefits, protections, and dignified housing and transit systems, inte- Whereas, despite the prevalence of low standards for existing care workers, such grated with adequate social services to sup- wages and difficult conditions, direct care that— port residents of all ages and abilities; jobs, including home care, residential care, (i) care jobs are family sustaining, paying (iii) safe, accessible infrastructure, includ- and nursing assistant jobs, are already substantially more than $15 an hour and of- ing public accommodations, schools, work- among the fastest growing in the the United fering generous benefits; places, housing, transit, and streets allowing States and represent the largest occupa- (ii) all care workers have— for full mobility for all people; tional group in the country; (I) the right, and have pathways, to (iv) public education, with a focus on social Whereas communities devastated by unionize; and emotional learning, unleashing cre- deindustrialization and disinvestment are (II) the ability to engage in collective ac- ativity in the arts and sciences, and edu- particularly reliant on care and social assist- tion; and cating and nurturing the whole child, and in- ance work for employment; (III) full labor protections, including those cluding fully funded programs for high-need Whereas many care, social assistance, and specified in the Domestic Workers Bill of students; education jobs are relatively low-carbon oc- Rights Act; (v) healthy, nourishing, and sustainable cupations, and can quickly become green (iii) all care workers who wish to form food systems that provide affordable, acces- jobs as certain physical infrastructures worker-owned cooperatives have access to sible, and culturally appropriate foods; decarbonize, especially transit systems, resources and technical support with which (vi) comprehensive public health and emer- health care facilities, and public buildings; to do so; gency preparedness infrastructure, including Whereas a robust care workforce will also (iv) all care workers have access to ample equitable, democratic response and recovery be required to support a just transition to a training opportunities, apprenticeships, and efforts during and after climate disasters; healthy, zero-carbon economy, as other career ladders leading to higher compensa- (vii) clear opportunities for, and the re- workers shift to new industries, move across tion, along with other resources and support, moval of barriers to, unionization and collec- the country, and develop new care needs; including funding to facilitate those oppor- tive action in all economic sectors, including Whereas the multiple crises now facing the tunities; the service, technology, and gig work sec- United States require not only unprece- (v) all care workers have the mandated em- tors; dented investments in physical infrastruc- ployer protections they need to conduct (viii) a Federal minimum wage of at least ture, but also similarly sized investments in their work safely in general, and in the event $15 an hour, indexed to the cost of living, and social infrastructure, including care infra- of a pandemic, infectious disease outbreak, the elimination of subminimum wages for structure; or other disaster, including having optimal people with disabilities, tipped workers, and Whereas public investment in care work personal protective equipment, optimal iso- all other workers; supports care workers’ increased economic lation protocols, testing and contact tracing, (ix) expanded leisure time, with no loss in activity, creating additional jobs throughout and paid days off due to exposure or illness; pay or benefits; the economy; (vi) all care workers are safe from work- (x) generous, paid sick days and vacation Whereas we have a historic opportunity to place violence, harassment, and threats to time; finally build care infrastructure that is equi- health; and (xi) support for worker ownership, worker- table and inclusive, and one in which all peo- (vii) all undocumented workers have path- owned cooperatives, and safety and democ- ple can thrive, prosper, weather future dis- ways to citizenship and full and equal access racy in the workplace, so that workers have ruptions, and age with dignity in their own to all public benefits, including health, nu- meaningful influence over their conditions of homes and communities; and trition, and income support; work and the decisions that affect their Whereas, in the context of addressing and (C) creating millions of new care jobs over lives; defeating the COVID–19 pandemic, economic the next decade, including as part of existing (xii) adequate public services and programs crisis, systemic racism, and climate change, and new public jobs programs, subject to the to support all people in navigating economic and taking seriously the mandate to ‘‘pro- same principles in subparagraph (B), in the and social challenges, including navigating mote the general Welfare’’, bold investments context of the COVID–19 pandemic recovery, life on a rapidly warming planet, and to help in care can anchor the rebirth of the United the Green New Deal, and any similar efforts all people unleash their full potential as States: Now, therefore, be it to meet the challenges and opportunities of human beings; Resolved, That it is the sense of the Senate the 21st century; (xiii) public libraries, community centers, that— (D) building and expanding zero-carbon, and other spaces that foster creativity, con- (1) it is the duty of the Federal Govern- non-polluting, climate-safe infrastructure, nection, mental health, and human develop- ment to dramatically expand and strengthen including physical infrastructure and social ment; the care economy, healing and supporting infrastructure, to guarantee care to all peo- (xiv) support for practicing and aspiring the country as we emerge from the COVID– ple throughout the life cycle, moving the artists, as well as institutions, venues, and 19 pandemic and face the challenges of the United States toward universal, public pro- platforms that empower and fairly com- 21st century and beyond; grams ensuring— pensate artists, bringing their work to wider (2) the obligation described in paragraph (i) high-quality health care, including com- audiences, and integrating the arts into com- (1) can only be met with far-reaching public prehensive and noncoercive mental health munity mental health, education, and resil- investments, designed to achieve the goals care coverage, substance use treatment, and ience efforts; of— reproductive care, free at the point of serv- (xv) access to nature, public space, diverse (A) repairing the wrongs of history, includ- ice; forms of public recreation, and technology, ing by— (ii) free, high-quality home and commu- including public broadband internet; and (i) acknowledging and addressing the leg- nity-based services, without income or asset (xvi) mechanisms for democratic oversight acies of exclusion and oppression faced by tests and without waiting lists, which would of data, algorithmic, and technological sys- caregivers and care workers, particularly fix the institutional bias of the current sys- tems, along with worker and community women of color and immigrants; tem, and allow people with disabilities and participation in the development and appli- (ii) acknowledging and addressing the trau- older adults to receive needed support and cation of those systems, in service of expand- ma of all those with unmet care needs, such live self-directed lives; ing and improving care and social infrastruc- as people of color, including Black, Brown, (iii) free, high-quality childcare and early tures; and Indigenous people and Asian Americans childhood education with a focus on the first (3) any COVID–19 relief and economic re- and Pacific Islanders, immigrant, 1,000 days of life, and robust, culturally re- covery legislation must prioritize and invest LGBTQIA+, older, low-income, rural, and sponsive, and diverse care settings to achieve in care infrastructure as a down payment on deindustrialized communities, people with healthy child development; building an interconnected, holistic disabilities, the unemployed, under- (iv) paid family and medical leave of at caregiving system that— employed, unhoused, people who are incar- least 6 months, with full wage replacement; (A) is the backbone of the economy and es- cerated or who were formerly incarcerated, and sential to all people; and

VerDate Sep 11 2014 07:42 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A01MR6.061 S01MRPT1 ctelli on DSK11ZRN23PROD with SENATE March 1, 2021 CONGRESSIONAL RECORD — SENATE S963 (B) celebrates the interdependence of all rounded and occupied areas of the Capitol ed floor privileges for the remainder of people; complex, including the Rotunda, Statuary this Congress. (4) unpaid caregivers deserve support, care Hall, and the Senate Chamber; The PRESIDING OFFICER. Without workers deserve quality, high-paying, union Whereas the staff of the Parliamentarian objection, it is so ordered. jobs, people with disabilities and older adults of the Senate acted quickly and selflessly to deserve independence and self-determina- preserve the electoral vote certifications f tion, and every person, at every stage of life, from theft or destruction by those attempt- deserves to live, work, play, and care with ing to prevent Congress from carrying out ORDERS FOR TUESDAY, MARCH 2, dignity; and the constitutional duty of Congress to re- 2021 (5) our ultimate aim is to build an econ- ceive the votes of the Electoral College; omy and society based on care for people, Whereas members of the Capitol custodial Ms. SMITH. Mr. President, I ask communities, and the planet we all share. staff and Restaurant Associates staff have unanimous consent that when the Sen- f bravely shown up to work, and maintained ate completes its business today, it re- the standard of excellence set by such staff, cess until 10:30 a.m. on Tuesday, March SENATE CONCURRENT RESOLU- during a dangerous pandemic, continuing to 2; that following the prayer and pledge, TION 7—RECOGNIZING THE HER- provide essential services to the congres- the Journal of proceedings be approved OISM OF THE UNITED STATES sional community; to date, the time for the two leaders be CAPITOL PERSONNEL AND JOUR- Whereas the dedicated staff of the Archi- NALISTS DURING THE INSUR- tect of the Capitol, who care for and main- reserved for their use later in the day, RECTIONIST ATTACK ON THE tain the Capitol, immediately began working morning business be closed, and the UNITED STATES CAPITOL ON to repair the parts of the Capitol that were Senate proceed to executive session to JANUARY 6, 2021 damaged and vandalized during this tragic resume consideration of the Raimondo event; nomination; that, at 2:15 p.m., the clo- Ms. KLOBUCHAR (for herself, Mrs. Whereas the people of the United States ture time be considered expired and the SHAHEEN, Mr. CASEY, Mr. HEINRICH, Mr. have already taken notice of the incredible Senate vote on confirmation of the BLUMENTHAL, Ms. SMITH, Mr. VAN HOL- and diligent work done by Capitol personnel to care for and repair the building in the nomination; that if confirmed, the mo- LEN, Mrs. FEINSTEIN, Mr. MENENDEZ, tion to reconsider be considered made Mr. WYDEN, Mr. KAINE, Mr. CARDIN, Mr. wake of the January 6 attack, including by and laid upon the table and the Presi- REED, Mr. LUJA´ N, Mr. CARPER, Mr. sending thank you notes to the Capitol cus- todial staff; dent be immediately notified of the BENNET, Mr. SCHATZ, Mr. KING, Ms. Whereas journalists continued to report to Senate’s action; finally, that Senator CANTWELL, Ms. DUCKWORTH, Mr. the world what was happening even as those CRUZ be recognized at 12:15 p.m. for up WARNOCK, Mr. WARNER, Mr. COONS, journalists were threatened, chased, sur- to 30 minutes, and following his re- Mrs. GILLIBRAND, Mr. WHITEHOUSE, Mr. rounded, subjected to physical violence, marks, the Senate recess until 2:15 p.m. BOOKER, Mr. MERKLEY, Mr. DURBIN, Mr. forced to shelter in place for hours, and had for the weekly conference meetings. KELLY, Mr. MURPHY, Mr. PETERS, Mr. their equipment stolen and destroyed by ri- The PRESIDING OFFICER. Is there BROWN, Mr. PADILLA, Mr. LEAHY, Ms. oters; CORTEZ MASTO, Ms. HIRONO, Ms. HAS- Whereas several members of the media objection? SAN, Ms. ROSEN, and Mr. OSSOFF) sub- were physically assaulted during the attack Without objection, it is so ordered. mitted the following concurrent resolu- on the Capitol, including a photojournalist Ms. SMITH. For the information of tion; which was referred to the Com- who, once the press credentials of the photo- Senators, there will be two rollcall journalist were noticed by attackers, was mittee on Rules and Administration: votes at 2:15 p.m. The first vote will be thrown to the floor, causing the photo- on confirmation of the Raimondo nom- S. CON. RES. 7 journalist to fear for her life; and Whereas January 6, 2021, the day during Whereas, due to the work of journalists ination to be Secretary of Commerce, which insurrectionists stormed the United who persisted in covering and documenting followed by a cloture vote on the Rouse States Capitol (referred to in this preamble the events of the day despite the danger nomination to be Chairman of the as the ‘‘Capitol’’) as Members of Congress those journalists faced, the whole story of Council of Economic Advisers. convened in a joint session to receive the January 6 will be known: Now, therefore, be votes of the Electoral College, will forever be it f remembered as an assault on democracy; Resolved by the Senate (the House of Rep- Whereas many agencies, including the resentatives concurring), That the Senate— RECESS UNTIL 10:30 A.M. United States Capitol Police, the Metropoli- (1) commends the service and profes- TOMORROW tan Police Department of the District of Co- sionalism of the personnel of the United Ms. SMITH. Mr. President, if there is lumbia, neighboring local law enforcement States Capitol who, under extraordinarily no further business to come before the agencies, and multiple Federal agencies, re- difficult circumstances, ensured Congress Senate, I ask unanimous consent that sponded to the Capitol and bravely engaged was able to continue to operate and fulfill the attackers; the constitutional obligations of Congress; it recess under the previous order. Whereas, despite the attack on the Capitol, and There being no objection, the Senate, Members of Congress later returned to the (2) expresses appreciation for, and soli- at 6:51 p.m., recessed until Tuesday, task of receiving the votes of the Electoral darity with, the women and men of the news March 2, 2021, at 10:30 a.m. College for President and Vice President, media reporting on the work of Congress, thereby ensuring that democracy would pre- even at risk to their own personal safety. f vail that day; Whereas Members of Congress, congres- f CONFIRMATION sional staff, Capitol personnel, and members Executive nomination confirmed by of the media— PRIVILEGES OF THE FLOOR (1) were at work inside the Capitol as it the Senate March 1, 2021: was attacked; and Ms. COLLINS. Mr. President, I ask DEPARTMENT OF EDUCATION unanimous consent that Peter Schunk, (2) shared the experience of fearing for MIGUEL A. CARDONA, OF CONNECTICUT, TO BE SEC- their safety as thousands of rioters sur- a defense fellow in my office, be grant- RETARY OF EDUCATION.

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INTRODUCTION OF THE SECURI- America,’’ SEC Inspector General H. David fusion by granting the SEC leasing authority, TIES AND EXCHANGE COMMIS- Kotz testified that employees ignored the SEC and now Congress must fix it by revoking that SION REAL ESTATE LEASING AU- chair’s explicit instructions and engaged in authority. THORITY REVOCATION ACT possible criminal violations in a sole-source The SEC’s mission is to protect investors; procurement. He also supported stripping the maintain fair, orderly, and efficient markets; HON. ELEANOR HOLMES NORTON SEC of leasing authority if the SEC did not un- and facilitate capital formation. GSA’s mission OF THE DISTRICT OF COLUMBIA dertake major reforms. I agreed with Inspector is to provide other civilian federal agencies IN THE HOUSE OF REPRESENTATIVES General Kotz’s evaluation and introduced leg- with workspace and furnishings at best value islation to revoke the SEC’s leasing authority to the taxpayer. As the SEC has demonstrated Monday, March 1, 2021 for the first time. over three decades, it is incredibly inefficient, Ms. NORTON. Madam Speaker, today, I in- At the second hearing, titled ‘‘The Security wasteful and redundant to have the SEC in- troduce the Securities and Exchange Commis- and Exchange Commission’s $500 Million volved in the nuances of real estate decisions sion Real Estate Leasing Authority Revocation Fleecing of America: Part Two,’’ SEC Chair- when GSA exists for that very reason. Like Act, which would revoke the real estate leas- woman Mary L. Schapiro testified that ‘‘the other federal agencies, the SEC would con- ing authority of the Securities and Exchange SEC recognizes the benefits of having [GSA] tinue to have input and involvement in the de- Commission (SEC). Since the SEC was grant- manage the Commission’s future lease acqui- cision-making process, but the ultimate real ed leasing authority in 1990, before I came to sitions. Leasing is not part of the Commis- estate authority would lie with GSA, where it Congress, the SEC has consistently stumbled sion’s core mission and we cannot allow it to belongs. through leasing mistakes at great expense to impede that mission.’’ She then explained that I urge my colleagues to support this bill. taxpayers. It is time for Congress to end this the SEC would pare down its leasing program f fiasco and return the leasing authority to the ‘‘solely to liaise with GSA.’’ This arrangement, General Services Administration (GSA), the in which GSA manages SEC leasing activities, PERSONAL EXPLANATION federal government’s real estate arm, like was memorialized in a Memorandum of Un- other federal agencies. derstanding between GSA and the SEC on HON. MIKE BOST When Congress exempted the SEC from August 1, 2011. OF ILLINOIS GSA regulations and directives in 1990, it ex- Today, I have concerns that the SEC is IN THE HOUSE OF REPRESENTATIVES pressed its clear intent that ‘‘the authority going back on the commitment it made to granted to the Commission to lease its own of- Congress, which is why I am reintroducing this Monday, March 1, 2021 fice space directly will be exercised vigorously bill. In August 2016, GSA and the SEC en- Mr. BOST. Madam Speaker, I was unavail- by the Commission to achieve actual cost sav- tered into an Occupancy Agreement to author- able to vote in the House on February 17, ings and to increase the Commission’s pro- ize GSA to conduct the process for a new 15- 2021 and February 26, 2021. Had I been ductivity and efficiency.’’ (H.R. Conf. Rep. year lease. In December 2016, GSA, with the present, I would have voted: Roll Call 41: 101–924.) Over the past 30 years, none of approval of the SEC, submitted a prospectus NAY; Roll Call 42: YEA; Roll Call 43: YEA; that has come to fruition. to the House Committee on Transportation Roll Call 44: YEA; Roll Call 45: NAY; Roll Call The SEC did not even establish a Leasing and Infrastructure for approximately 1,274,000 46: NAY; Roll Call 47: NAY; Roll Call 48: YEA; Branch until April 2009, and did not put into rentable square feet for the SEC. Congress and Roll Call 49: NAY. place any leasing policies or procedures until approved this prospectus in 2018, and by July f August 2010. Before that, in May 2005, the 2019, GSA had received final bids, resolved SEC disclosed that it had identified all protests and even selected a final bidder. PERSONAL EXPLANATION unbudgeted costs of approximately $48 million A month later, in August 2019, the SEC can- attributable to misestimates and omissions of celed the Occupancy Agreement with GSA, HON. ADAM KINZINGER costs associated with the construction of its citing concerns about the value of the pur- OF ILLINOIS headquarters near Union Station. In 2007, chase option that was part of the lease, con- IN THE HOUSE OF REPRESENTATIVES after moving into its headquarters, the SEC cerns the SEC refused to document to Con- shuffled its employees to different office gress. The SEC effectively vetoed the entire Monday, March 1, 2021 spaces at a cost of over $3 million without any procurement process despite not having the Mr. KINZINGER. Madam Speaker, I was un- cost-benefit analysis or justifiable rationale. authority or funding mechanism to exercise able to be present to cast votes on February In the summer of 2010, the SEC’s Office of the purchase option without GSA’s involve- 26. Had I been present, I would have voted: Administrative Services (OAS) conducted a ment. After a few more months of impasse, NAY on Roll Call No. 45. deeply flawed and unsound analysis to justify the SEC requested that GSA cancel the pro- f the need for the SEC to lease 900,000 square curement and commence a new procurement feet of space at Constitution Center and to process. HONORING THE LIFE OF HOT commit over $500 million over 10 years, over- In all this back and forth between two agen- SPRINGS RESIDENT MILLIE PAT- estimating the amount of space needed by cies navigating a convoluted authority struc- RICK over 300 percent. In addition to this gross ture, a multi-million-dollar procurement funded overestimation of space, OAS failed to provide by taxpayers has gone to waste, adding to the HON. BRUCE WESTERMAN complete and accurate information and pre- hundreds of millions of dollars the SEC has OF ARKANSAS pared a faulty and backdated Justification and previously squandered in its real estate en- IN THE HOUSE OF REPRESENTATIVES Approval after it had already signed the lease. deavors. These public blunders also risk un- As a former chair and ranking member of dermining the reputation of GSA and the fed- Monday, March 1, 2021 the Subcommittee on Economic Development, eral government among developers and build- Mr. WESTERMAN. Madam Speaker, I rise Public Buildings, and Emergency Manage- ing owners that participate in these lease pro- today to celebrate the life of a true servant of ment, I was deeply involved in oversight of the curements and ultimately driving up the costs the City of Hot Springs and Arkansas’ Fourth SEC’s real estate activities in the District of of all GSA real estate procurements due to the Congressional District, Ms. Millie Patrick. She Columbia after the agency engaged in this im- threat of uncertainty. This also means that the passed away on Friday, February 12, 2021, proper sole-source procurement of nearly one SEC will continue to engage in short-term after years of hard work and sacrifice for her million square feet of leased space. We held leases at a premium while the procurement beloved community. two hearings on this subject in 2011. At the process plays out again, instead of quickly Described by those closest to her as a won- first hearing, titled ‘‘The Security and Ex- transitioning to a more cost-effective long-term derful friend, Ms. Patrick worked with the change Commission’s $500 Million Fleecing of lease as planned. Congress created this con- Greater Hot Springs Chamber of Commerce

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 06:55 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.001 E01MRPT1 SSpencer on DSK126QN23PROD with REMARKS E184 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2021 for over two decades. During this time, she Reauthorization Act’’ on today, the 60th anni- Norecker Harrell and Frank Joseph White. Mr. also served as director for Hot Springs Lead- versary of the Peace Corps’ founding and the White grew up in a Christian family where ership Adult Classes until her retirement in start of National Peace Corps Week. I want to Christian values were instilled and reinforced 2020 and as Vice President of Retirement and thank my fellow Congressional Peace Corps by his parents and their Church. Relocation. Caucus co-chair Representative GRAVES (R– He attended public schools in Mounds and Born June 28, 1932, in Kansas, Ms. Patrick LA), as well as Representatives MENG (D– graduated from Wheatly High School where later made Arkansas home with her husband, NY), RADEWAGEN (R–AS), PHILLIPS (D–MN), he played football. Gene Patrick. Together, they had two daugh- CASE (D–HI), and SIRES (D–NJ), for their sup- Mr. White was an exceptional athlete at his ters, three grandchildren, and several nieces port as original cosponsors. High School and as a result of his abilities, he and nephews. As a member of Piney Grove Like successive generations of young Amer- earned a football scholarship to attend Jack- United Methodist Church and an avid water- icans, my wife Patti and I answered President son State University in Mississippi where he skier until the age of 86, Ms. Patrick was John F. Kennedy’s call and served in the displayed his talent on the field as a member known to be an active woman. Referred to by Peace Corps in Ethiopia from 1966 to 1968. of the JSU Tigers football team for four years her friends and colleagues as a ‘‘wonderful This foundational experience inspired our life- as an undergraduate. Later, Mr. White was soul and a true ambassador for Hot Springs,’’ time of service that continued into California honored by his Alma Mater by being inducted Ms. Patrick shines as a true example of joyful state government, the Clinton Administration, in the Sports Hall of Fame wherein he was the service. and now the United States Congress. 35th athlete to be inducted into the Hall of I take this time today to honor the life of Since the establishment of the Peace Corps Fame in the University’s 103-year existence. service exemplified by Ms. Millie Patrick. I in 1961, more than 230,000 American volun- As an honoree Mr. White was presented a thank her and her family for their dedication to teers have served in some 141 countries plaque and a medal. our fellow citizens and our beloved Fourth Dis- around the world. Due to the ongoing global Mr. White was also a very good student trict. COVID–19 pandemic, the Peace Corps was where he maintained a 3.5 grade average and f forced to recall all volunteers serving in 65 was a Charter Member of The Delta Delta countries in March 2020. Now more than ever, Chapter, Kappa Alpha Psi, Fraternity, Inc. Mr. PERSONAL EXPLANATION Congress must support the Peace Corps’ mis- White completed college and earned a Bach- sion and realize President Kennedy’s vision of elor of Arts Degree even while his studies HON. TOM COLE generations of young Americans, ready to were temporarily interrupted to serve his time OF OKLAHOMA serve their nation and make the world a better in the U.S. Military where he moved up in the IN THE HOUSE OF REPRESENTATIVES place. ranks as Sergeant in the U.S. Army serving in Our ‘‘Peace Corps Reauthorization Act’’ the Korean War. He earned an Honorable Dis- Monday, March 1, 2021 would do just that by providing additional fed- charge in 1960. Mr. COLE. Madam Speaker, had I been eral resources to better support current and Jackson State University is where Mr. White present, I would have voted NAY on Roll Call returned volunteers. This bipartisan bill would met the love of his life, Miriam H. Webb. The No. 45. also provide the funding necessary to redeploy two married on December 22, 1951 and wel- f Peace Corps volunteers once it is safe to do comed two children into the family during the so after the COVID–19 pandemic subsides, mid-sixties. After finishing college and fulfilling IN RECOGNITION OF GERRY with the goal of finally reaching 10,000 volun- his service obligation the two moved to Los ECKENRODE teers serving annually around the world. Angeles, California in 1955. There, Mr. White This bipartisan bill builds upon the Sam Farr worked at Markham Jr. High School as a HON. JOHN JOYCE and Nick Castle Peace Corps Reform Act of physical education instructor. Because of his OF PENNSYLVANIA 2018 (Public Law 115–256) and the Kate love for sports and athleticism, Mr. White IN THE HOUSE OF REPRESENTATIVES Puzey Peace Corps Volunteer Protection Act began officiating high school basketball sport- ing events. He was later recognized by the Monday, March 1, 2021 of 2011 (Public Law 112–57) sponsored by former Congressman Ted Poe (R–TX). The IAABO (International Association of Approved Mr. JOYCE of Pennsylvania. Madam Speak- bill also builds upon legislation sponsored by Basketball Officials) as the first negro ever er, I rise to congratulate Delone Catholic High former Congressman Sam Farr (D–CA), who elected Secretary Treasurer of the organiza- School Squirettes basketball coach Gerry served in the Peace Corps in Colombia from tion. The IAABO is the largest organization of Eckenrode on his 500th victory as head 1964 to 1966. its kind in the world where they have jurisdic- coach. As co-chair of the Congressional Peace tion over all high schools, semipro, and small Coach Eckenrode began his tenure with Corps Caucus, I continue working in support college basketball officials. Mr. White also Delone’s girls’ basketball team as head coach of the Peace Corps’ mission, its volunteers, taught and coached football at Jordan High during the 1999–2000 season. Under his lead- and the indelible impact their service has on School in Los Angeles. ership, Delone Catholic has won four state the lives of needy people the world over. Con- Education was very important to Mr. White championships, four district championships, gress last reauthorized the Peace Corps in and he enrolled in The University of Southern and 14 division titles. His teams have ex- 1999 (Public Law 106–30), expiring at the end California (USC) where he received a master’s celled, winning at least 18 games per season. of fiscal year 2003. So, my bipartisan ‘‘Peace degree in business administration. Mr. White Coach Eckenrode has coached five of the Corps Reauthorization Act’’ is long overdue. then expanded his career in teaching and school’s 1,000-point scorers. Additionally, he Madam Speaker, I look forward to working worked as an educator/administrator in the has a robust legacy of mentoring new coach- with the new Foreign Affairs Committee Chair- Los Angeles Unified School District for 30 plus es. man GREGORY W. MEEKS (D–NY) and Rank- years and held positions as a classroom Congratulations to Coach Gerry Eckenrode ing Member MICHAEL MCCAUL (R–TX) to pass teacher, assistant counselor, assistant reg- and the entire Delone Catholic girls’ basketball the ‘‘Peace Corps Reauthorization Act’’ this istrar, coach, youth service director, student community on this remarkable achievement. Congress. I encourage all members of the body advisor, and vice principal mainly at the As he continues to lead the Delone Catholic House to cosponsor this bipartisan bill. high school level until he officially retired in Squirettes, I wish Coach Eckenrode and his f 1992. team all the best. From 1968 through 1969 Wiley and his f HONORING WILEY RICKMAN WHITE beautiful wife Miriam, built their dream home in Baldwin Hills, CA and moved their family PEACE CORPS REAUTHORIZATION HON. BENNIE G. THOMPSON into the home where they raised their children. ACT OF MISSISSIPPI The home was the site for many family par- IN THE HOUSE OF REPRESENTATIVES ties, gatherings, holiday dinners, reunions, re- hearsals, and meetings where he hosted nu- HON. JOHN GARAMENDI Monday, March 1, 2021 OF CALIFORNIA merous Jackson State University Alumni meet- IN THE HOUSE OF REPRESENTATIVES Mr. THOMPSON of Mississippi. Madam ings and served as the Alumni’s President for Speaker, I rise today to honor Mr. Wiley the Los Angeles Chapter. Monday, March 1, 2021 Rickman White. Mr. White was born January Madam Speaker, I ask my colleagues to join Mr. GARAMENDI. Madam Speaker, I am 14, 1931 in Mounds, Oklahoma. He was the me in recognizing the late Mr. Wiley Rickman very pleased to reintroduce the ‘‘Peace Corps ninth born of 10 children to the union of White.

VerDate Sep 11 2014 06:55 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A01MR8.004 E01MRPT1 SSpencer on DSK126QN23PROD with REMARKS March 1, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E185 HONORING THE WORK OF WHITKO and what was most important to her was the national Health, Carnegie Engagement Classi- CAREER ACADEMY depth and breadth of her relationships with fication team, Center for Community Solutions, family and friends. and Equity and Diversity Services. Dr. Prince HON. JIM BANKS Remington was passionate about any ad- has led many important campus-wide initia- OF INDIANA venture that life had to offer and obtained her tives that include the establishment of the first IN THE HOUSE OF REPRESENTATIVES pilot license in high school. While in college, anti-bias training curriculum, as well as the for- she was the captain of the Wisconsin Flying mation of a program dedicated to advancing Monday, March 1, 2021 Team. Additionally, she was a founding mem- historically underrepresented students and Mr. BANKS. Madam Speaker, I rise today to ber of the Women in Aviation, Madison chap- first-generation students in the STEM field. recognize Whitko Career Academy in Whitley ter. Remington enlisted in the Wisconsin Air Outside of work, Dr. Prince’s commitment to County for their impressive and important work National Guard in 2013 where she proudly community service extended to working to to help young Hoosiers succeed in the 21st served through several deployments and ob- meet the needs of students in underserved century workforce. Part of Whitko Community tained the rank of staff sergeant. She pursued communities, including minorities, women, Schools in Larwill, Whitko Career Academy accreditations and licensing to receive her children, entrepreneurs and small businesses. was founded in September 2019 to help cre- commercial pilot license in addition to becom- She served in a variety of leadership posi- ate career opportunities for students in the ing a flight instructor. Further, Remington was tions, civic organizations and was board mem- surrounding community. working on a degree in Airframe and Power- ber and governance chair of The Council on Upwards of 500 students walk through the plant Mechanics. Foundations, the International Foundation doors of the academy each day. Inside, each During her service in the Air National Guard, Membership Association and the Urban Librar- student engages in hands-on, skills-based Remington met the love of her life, fellow serv- ies Council. She is also a corporate board di- learning. Made possible through partnerships ice member, Kyle Henry. They shared so rector of Managed Health Services, a sub- with The 80/20 Foundation Trust and The much together, including her passion for real sidiary of the Centene Corporation, a director Whitley County Community Foundation, the estate, flying, and raising her future stepson, emeritus of C. G. Schmidt Construction Com- academy gives these students the tools they Kellan. Above all else, her family was the an- pany and a corporate director of Great Lakes need to pursue livelihoods in manufacturing, chor of her life, and she was so excited for her Higher Education Corporation. engineering, agriculture, technology, education future with her fiance´, Kyle. Dr. Prince has received recognition and nu- and more. Madam Speaker, I want to express my con- merous awards for her commitment to com- Earlier this month, the academy formed a dolences, but encourage family, friends, and munity service from civic and professional or- three-way partnership with WishBone Medical the community to celebrate the life of Rem- ganizations such as The Business Journal’s Inc. in Warsaw and Red Star Contract Manu- ington Kristine Viney, for her service to our Woman of Influence award, The Community facturing to bolster the academy’s engineering country and love for life. My thoughts and Leadership award (Thurgood Marshall Schol- curriculum. Students will be manufacturing prayers remain with her family and friends dur- arship Fund) and the Friends of the Hispanic components for one of Wish Bone’s pediatric ing this difficult time. Community award. She was named one of the ten most powerful women in Milwaukee in the medical devices. This year, the academy will f also serve as the home of the Whitko Agricul- February 2006 issue of Milwaukee Magazine tural Program and Future Farmers of Amer- IN TRIBUTE TO DR. JOAN M. and is featured as an honoree in the national ica—organizations together dedicated to train- PRINCE 2008 Black Women in Sisterhood Distin- ing the next generation of leaders in agri- guished Black Women calendar. She is also culture. HON. GWEN MOORE spotlighted as a nominee in the national Afri- In the year and a half since its founding, OF WISCONSIN can American oral history archival project, The Whitko Career Academy has established itself IN THE HOUSE OF REPRESENTATIVES History Makers. On September 12, 2012, Dr. Prince was as a model for career and technical education. Monday, March 1, 2021 Hoosiers are thankful for, and proud of, this in- nominated by President Barack Obama to the stitution for the immediate impact it has Ms. MOORE of Wisconsin. Madam Speak- key administrative post of alternate represent- brought to northeast Indiana. This record is er, I rise today to recognize Dr. Joan M. ative to the 67th General Assembly of the testament to the life-changing education hun- Prince, the Vice Chancellor of Global Inclusion United Nations with the honorary rank of am- dreds of young Hoosiers have received, and and Engagement at the University of Wis- bassador. This diplomatic position also main- will continue to receive, at the Whitko Career consin-Milwaukee (UWM). After more than two tained an appointment position as Senior Advi- Academy for years to come. decades of working with distinction and serv- sor to the State Department and Public Dele- gate. f ing her alma mater, she is retiring on March 1, 2021. Dr. Prince leaves behind a legacy of a long HONORING THE LIFE OF Dr. Prince’s education career with UWM list of accomplishments. She is someone that REMINGTON KRISTINE VINEY began as a promising freshman when she was cares deeply about her former students, the 16 years old. She was the first African Amer- individuals she mentored, her colleagues and HON. ADAM KINZINGER ican recipient of a bachelor’s in medical tech- the greater community. For the more than 25 years that I have had the pleasure of knowing OF ILLINOIS nology and a master’s in clinical laboratory and working with her, she has been a tremen- IN THE HOUSE OF REPRESENTATIVES science. She joined St. Joseph’s Hospital as a hematologist and, in 1988, she became the dous force in the City of Milwaukee, the State Monday, March 1, 2021 supervisor in hematology for the Medical of Wisconsin and the United States. Madam Mr. KINZINGER. Madam Speaker, I rise Science Labs. Around the same time, she Speaker, I am so proud to honor Dr. Joan M. today to honor the life of Remington Kristine began working for the University of Wiscon- Prince and to call her a friend. I wish her Viney, who passed away on Tuesday, Feb- sin’s Medical school where she implemented much success as she transitions into this new ruary 16, 2021, at the age of 26. Through pas- the Health Professional Partnership Initiative’s phase of her life. sion for aviation and flying, Remington dedi- collaborative project as lead strategist. f cated herself to service as a member of the Equipped with a strong educational back- CONGRATULATING BRYER HALL Wisconsin Air National Guard. Remington was ground and a breadth of experience, she always flying in the seat of an airplane sur- began her 20–year career with UWM when rounded by miles of breathtaking sky doing she was appointed Vice Chancellor in 2000. HON. GREG PENCE OF INDIANA what she loved. She went on to earn a Ph.D. from UWM in IN THE HOUSE OF REPRESENTATIVES On March 14, 1994, Remington was born in Urban Education, with a focus on STEM edu- Madison, Wisconsin, daughter to Kevin and cation. At UWM she is also the Chief Adminis- Monday, March 1, 2021 Tia (Scanlon) Viney. She would then graduate trator for the Divisions of Global Inclusion and Mr. PENCE. Madam Speaker, I rise today to with honors from Sun Prairie High School in Engagement, and Partnerships and Innova- congratulate Bryer Hall of East Central High 2012, earn an associate degree in tactical air- tion, with responsibilities as the University’s school for becoming the 170-pound Indiana craft maintenance, and then receive a Bach- Chief Inclusion Officer. She led campus-wide State Wrestling Champion. elor of Business Administration degree from project areas such as the STEM Inspire Pipe- Wrapping up his astonishing 38–0 season UW-Madison in 2017. Her accomplishments line, the Inclusive Internationalization Projects, record, Bryer won all four of his state competi- were many, but her most memorable asset Global Partnerships in STEM, Center for Inter- tion matches by pinfall, becoming only one of

VerDate Sep 11 2014 06:55 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.009 E01MRPT1 SSpencer on DSK126QN23PROD with REMARKS E186 CONGRESSIONAL RECORD — Extensions of Remarks March 1, 2021 nine in Indiana wrestling history to have done leaving behind a community of friends and a foreign mercenaries that included beheadings, so. legacy of hard work, sacrifice, and service. torture, and other abhorrent acts of violence Having placed runner-up in the state final After opening his first local grocery store in I continue to stand with the Armenian peo- last year, Bryer is a true example that hard 1972, Mayor Weindorf grew his business to ple in condemning the horrific pogroms and in work and dedication pay off. seven grocery stores in what came to be mourning the loss of those who were sense- I congratulate Bryer, he has made the Sixth known as Joe and Dane Enterprises, or lessly killed in the recent Artsakh attacks. It is District proud. JADE’s chain of stores. Weindorf retired with critical for the United States to recognize and f 30 years of service in the industry, which led denounce violent assaults against any civil- to his desire to continue doing great things for ians. If we do not condemn or punish crimes IN MEMORY OF JAMES ‘‘JIM’’ E. his community. He was elected Mayor shortly against humanity and ethnic violence, we be- ALTY, SR. after his retirement, and he worked on a vari- come passive bystanders, failing to live up to ety of projects that led Hamburg to further the lessons of the 20th Century and the rights HON. CHRIS PAPPAS success, such as renovations to city parks, the of all human to live free from violence and OF NEW HAMPSHIRE baseball park, and a new fire station. persecution based on race, ethnicity, or reli- IN THE HOUSE OF REPRESENTATIVES Born on September 20, 1946, in Minnesota, gion. These lessons are especially important Monday, March 1, 2021 Mayor Weindorf was one of six siblings. He as we prepare to commemorate the 106th An- and wife, Annette, of 38 years have two sons, niversary of the Armenian Genocide in April. Mr. PAPPAS. Madam Speaker, I rise today two daughters, eight grandchildren, and seven I will continue to work with my colleagues to honor James ‘‘Jim’’ E. Alty, Sr., a Vietnam grandchildren. With his passion for his large on the Congressional Armenian Issues Cau- hero and active member of the seacoast com- family and membership at First Baptist Church cus to honor the victims of the Baku and munity, who passed in late January at the age of Hamburg, Mayor Weindorf was known not Sumgait pogroms and the recent victims of of 86. Through both his military service and just for his service, but also for his emphasis Azerbaijani aggressions in Artsakh. I will con- his subsequent community engagement, he is on personal relationships, friendship, and fel- tinue to condemn all acts of violence against remembered as a shining example of Amer- lowship with his community. people who are targeted simply because of ican fortitude, ingenuity, and empathy. I take this time today to honor the life of who they are. I hope my colleagues will join While Jim worked at General Electric for 15 service exemplified by Mayor Weindorf. I me in rejecting violent rhetoric and intimida- years, he also served his country for 20 years thank him and his family for their dedication to tion. In doing so, we renew our commitment to in the U.S. Air Force, which included two tours our fellow citizens and our beloved Fourth Dis- achieving a lasting peace in the Caucasus. in Vietnam as part of the crash and rescue trict. f team, before retiring in 1973. In Vietnam, f Jim’s bases were frequently targeted by rocket PERSONAL EXPLANATION and mortar attacks, which included the Octo- IN RECOGNITION OF THE VICTIMS ber 2, 1968 attack that left four airmen dead. OF THE BAKU AND SUMGAIT PO- HON. ALEXANDER X. MOONEY Jim never forgot those he served with and GROMS AND THE 2020 AZER- OF WEST VIRGINIA BAIJANI ATTACKS ON ARTSAKH honored them with a list of their names in his IN THE HOUSE OF REPRESENTATIVES wallet In his retirement, he engaged heavily in HON. FRANK PALLONE, JR. Monday, March 1, 2021 community service. His involvement included OF NEW JERSEY Mr. MOONEY. Madam Speaker, had I been membership on the Dover HUB Family Re- IN THE HOUSE OF REPRESENTATIVES present, I would have voted YEA on Roll Call source Board, an organization that provides No. 48. Monday, March 1, 2021 family education services, as well as volun- f teered with local police and correctional de- Mr. PALLONE. Madam Speaker, I rise today partments on reentry projects. to commemorate the 33rd Anniversary of the AMERICAN RESCUE PLAN ACT OF Jim also advocated for veterans’ health Sumgait pogrom and the 31st Anniversary of 2021 services as he was also familiar with the reali- the Baku pogrom. SPEECH OF ties and struggles many face when returning On February 27, 1988, hundreds of Arme- from war and readjusting to life outside of nian civilians living in the city of Sumgait in HON. VICTORIA SPARTZ combat. One of his proudest accomplishments Azerbaijan were indiscriminately killed, raped, OF INDIANA was aiding in the opening of the new maimed, and even burned alive because of IN THE HOUSE OF REPRESENTATIVES Somersworth VA Clinic in 2019. Jim also cre- their ethnicity. Hostile, anti-Armenian rhetoric Friday, February 26, 2021 ated the Dover veterans support group, Bets from Azerbaijani citizens and officials insti- for Vets, and frequently transported fellow vet- gated this tragedy. Mrs. SPARTZ. Mr. Speaker, I rise in opposi- erans from Manchester to Boston to ensure Similarly, on January 12, 1990, a seven-day tion to H.R. 1319. This $1.9 trillion spending they received necessary counseling and med- pogrom broke out against the Armenian popu- package is being considered without meaning- ical treatment. lation in Baku during which Armenians were ful debate and without Republican input. While On behalf of all of my constituents in New beaten, murdered, and expelled from the city. more than 200 Republican amendments were Hampshire’s First Congressional District, I Over 90 Armenian civilians were killed, over proposed, Democrats only accepted two. share my condolences to Jim’s sister and 700 were injured, and countless others were I personally authored five commonsense brothers, three children, five grandchildren, permanently displaced by the ethnic violence amendments to improve government trans- and many nieces and nephews. As we recog- that ensued. parency and accountability, assist juvenile jus- nize Mr. Alty, I ask my colleagues in the For over three decades, Azerbaijan has tice and foster care systems, and address House of Representatives to join me in hon- taken steps to cover up these crimes against concerns with standardized testing. All of them oring his rich life and legacy. May his memory humanity and dismiss the atrocities at Sumgait were unanimously rejected by Democrats. be a blessing. and Baku. Even more disturbing, the Azeri We must take action to address the con- f government lauded the perpetrators of this sequences of the coronavirus pandemic, but event and similar violent attacks. this bill does not address the concerns of ev- HONORING THE LIFE OF HAMBURG Tragically, the Azerbaijani government’s ap- eryday Americans. It addresses the desires of MAYOR DANE WEINDORF proach toward Armenians has changed little the Majority. It also does not address small since the Sumgait and Baku pogroms. We business struggles. Instead, it adds more reg- HON. BRUCE WESTERMAN saw similar rhetoric right before Azerbaijan’s ulations on businesses already suffering from OF ARKANSAS attacks on Artsakh last fall. Azeri forces, Turk- the pandemic. IN THE HOUSE OF REPRESENTATIVES ish drones, and Turkish-backed mercenaries Less than nine percent of the $1.9 trillion conducted an indiscriminate bombing cam- authorized in this bill goes to defeating Monday, March 1, 2021 paign against large population centers that COVID–19. Under this package, taxpayers will Mr. WESTERMAN. Madam Speaker, I rise killed thousands of Armenians and displaced have to finance the wish list of the Majority today to celebrate the life of Mayor of Ham- tens of thousands more civilians. It also in- passed under the guise of relief. burg, Dane Alan Weindorf. He passed away at cluded appalling war crimes against Arme- Democrats’ partisanship stands in the way the age of 75 on Saturday, February 20, 2021, nians at the hands of Azerbaijani forces and of meaningful discussions about how to best

VerDate Sep 11 2014 06:55 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A01MR8.012 E01MRPT1 SSpencer on DSK126QN23PROD with REMARKS March 1, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E187 serve our constituents. The American people TRIBUTE FOR THE 60TH ANNIVER- Today similar tactics are being employed in need Congressional action to crush COVID– SARY OF THE EDWARDS V. movements like Black Lives Matter. I applaud 19. While there are portions of this bill I could SOUTH CAROLINA MARCH their efforts and thank the City of Columbia, support, I cannot support it in its current form. Historic Columbia and the University of South HON. JAMES E. CLYBURN Carolina for the monument they have erected f OF SOUTH CAROLINA to memorialize this momentous event. IN THE HOUSE OF REPRESENTATIVES f MENSTRUAL EQUITY IN THE PEACE CORPS ACT Monday, March 1, 2021 TRIBUTE TO DEACON DAVIES Mr. CLYBURN. Madam Speaker, I rise JOHNSON today to pay tribute to an important anniver- HON. GRACE MENG sary that brings the actions of my youth full HON. DANNY K. DAVIS circle to my service in this esteemed body. OF ILLINOIS OF NEW YORK Sixty years ago, a student-led march took IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES place in South Carolina’s capital city protesting Monday, March 1, 2021 state laws designed to maintain de jure seg- Monday, March 1, 2021 regation of Blacks and whites in my home Mr. DANNY K. DAVIS of Illinois. Madam state. The arrests that day, March 2, 1961, re- Speaker, to be of service to humanity is one Ms. MENG. Madam Speaker, for 60 years, sulted in the U.S. Supreme Court’s landmark of the greatest attributes one can have. Such Peace Corps has been an enduring symbol of breach of the peace ruling. The case, was the life and character traits of Davies peace and friendship between the U.S. and Edwards v. South Carolina, is still taught in Johnson. Born and raised in rural Arkansas on our global community. Peace Corps Volun- law schools today. I was among the student the border of Louisiana, in the little town of teers (PCVs) sacrifice over two years of their protestors arrested that day for seeking equal Wilmot, Arkansas, Davies married his child- time, working side by side with local leader- justice and civil rights, and I am proud of the hood sweetheart Mabel Parker in 1953 and ship to combat some of the most pressing role this event played in protecting the right to migrated to Chicago, Illinois where they made challenges of our generation. protest peacefully in this country. their home and their lives. Davies was em- Unfortunately, I have heard from too many On that momentous day, approximately 200 ployed by the Burlington Railroad where he PCVs who have struggled to access and af- high school and college students from all over began as a Porter and became a Crane Oper- ford menstrual products. PCVs, and Returned South Carolina gathered at Zion Baptist ator and retired as a Supervisor after thirty- Peace Corps Volunteers (RPCVs) have Church in Columbia and marched to the State three years. Mr. Johnson was always kind and shared with me how menstrual products are House to protest racial discrimination. As a considerate. He was Christian-orientated and not readily available, or these items are far 20-year-old student protest leader at South joined the Lord’s Way Missionary Baptist more expensive than they would be in the Carolina State College (now University), I left Church in 1973. At Lord’s Way, Mr. Johnson U.S. So many of these volunteers are also Orangeburg with several of my classmates to served on the Trustee Board, Sunday School placed in very remote locations—forcing them join in the march. We divided into groups, and Superintendent, Chairman of the Deacon to travel extremely far distances to access I agreed to lead a contingency of students Board and as anything else the church need- menstrual products. from my high school Mather Academy toward ed him to do. Deacon Johnson was a stalwart in his family and the community where he Additionally, while the Peace Corps Medical the State House grounds. When we ap- proached the State House, law enforcement lived. He was a man of high standards and Officers in some countries provides these was well regarded by all who knew him. The products for PCVs, volunteers in other coun- officers ordered us to turn around. It had been my intention to do just that, but the students world became a better place because Davies tries are forced to purchase these products Johnson lived, and my life was enriched by out of the same limited stipend everyone else I was leading wanted to press on. We marched on singing hymns and patriotic knowing him. May he rest in peace. receives. Other volunteers pay hundreds of f dollars out-of-pocket to ship these items from songs. 191 protestors were arrested for the U.S. to their country of service, or they breaching the peace and spent the next three RECOGNIZING THE CAREER OF wait to receive these items in their care pack- days in jail before being released on bail. JOHN SCHIECHE ages from loved ones back home. There were four separate bench trials that March and 189 students were convicted in This is simply wrong. Menstrual products Magistrate’s Court despite the exemplary rep- HON. DAN NEWHOUSE OF WASHINGTON are not luxury items; they are medical neces- resentation of NAACP attorney Matthew J. IN THE HOUSE OF REPRESENTATIVES sities. Menstrual equity is a basic health right Perry and his colleagues, Lincoln Jenkins II and human right. and Donald Sampson. All but two of the Monday, March 1, 2021 That is why, today, on the 60th Anniversary protestors appealed their convictions, which Mr. NEWHOUSE. Madam Speaker, I rise of Peace Corps, I am reintroducing the Men- were upheld by the South Carolina Supreme today to recognize the career of John strual Equity in the Peace Corps Act to ensure Court. Schieche, Superintendent of the East Valley that all PCVs have free and equitable access On December 13, 1962, the Edwards v. School District, who is retiring after 43 years to menstrual products. South Carolina case, named for Benedict Col- of shaping the next generation of Central lege protestor James Edwards, was argued For the 65 percent of PCVs who are Washington students. before the U.S. Supreme Court by Matthew As a farmer, it is my duty to highlight the women, and the more than 90 percent of Perry. On February 25, 1963, the high court fact that John was first exposed to teaching PCVs who are under the age of 50, this is ruled eight to one in favor of the student de- during his days managing a 1,500–acre wheat simply a matter of equity. The Menstrual Eq- fendants, reversing their convictions. farm. It was not uncommon for John to hire uity in the Peace Corps Act would direct the Justice Potter Stewart wrote in the majority high school students as farmhands during the Peace Corps Director to establish a com- opinion that a state cannot ‘‘make criminal the summer months and teach them how to oper- prehensive policy that makes available free peaceful expression of unpopular views.’’ ate heavy machinery. This experience made menstrual products to PCVs who require Since that ruling, Edwards v. South Carolina for an easy transition into teaching as an auto them, or increase stipends to allow for those has been cited as the precedent in more than mechanics and shop teacher. expenses. 70 breach of the peace cases. Over the years, John excelled in all areas of Today, on the 60th Anniversary of the Madam Speaker, I ask you and my col- education, most recently, he was awared the founding of Peace Corps, I recognize the leagues to join me today in recognizing the 2018 Crystal Apple Award for his dedication to bravery of all my constituents who have contributions of the student protestors in advancing school communications. served in Peace Corps, and I am proud to re- Edwards v. South Carolina as we remember John started his journey to becoming super- introduce this critical bill that upholds the their protest 60 years ago. As one of the intendent in the early 1990’s after being hired health and safety of all who answer the call to young people involved in this historic event, I by the Yakima School District to serve as Di- serve in Peace Corps. I thank my colleagues can attest that we were committed to the fight rector of the Yakima Valley Technical Skills who have joined me in this critical legislation, for civil rights, and had no idea that our ac- Center. and I urge its swift passage to ensure men- tions would contribute to preserving the right During his time in that leadership role, John strual equity for all Peace Corps Volunteers. to peacefully protest for future generations. was also pursuing his credentials to become a

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McKeon, of the District of Co- three of the district’s schools have been rec- ities to reassess current practices. lumbia, to be Deputy Secretary for ognized by the state as distinguished schools To those who called, wrote, and visited my Management and Resources, both of for their teaching and learning methods. offices to relay your support for this bill, know the Department of State. I wish him all the best as he makes his tran- that my vote today lends action to your voices. SD–106/VTC sition into retirement and returns to farm life. You have inspired me with your dedicated and Committee on Homeland Security and I thank John for everything he has done for tireless advocacy for justice, and it is because Governmental Affairs our districts’ students, and from one lifelong of you that I am optimistic for the success of Committee on Rules and Administration farmer to another, try not to work too hard. our individual and collective cause. To hold a joint hearing to examine the January 6, 2021 attack on the Capitol. f Black lives matter, Madam Speaker, and it is past time that the laws of our nation reflect SD–G50/WEBEX Committee on Veterans’ Affairs IN SUPPORT OF H.R. 1280, THE it. That is why I am urging my colleagues on GEORGE FLOYD JUSTICE IN PO- To hold hearings with the House Com- both sides of the aisle to support this bill. It mittee on Veterans’ Affairs to examine LICING ACT OF 2021 goes sans saying that I strongly encourage its the legislative presentation of veterans immediate consideration and passage in the services organizations. HON. EDDIE BERNICE JOHNSON Senate. WEBEX OF TEXAS f MARCH 4 IN THE HOUSE OF REPRESENTATIVES SENATE COMMITTEE MEETINGS 9:30 a.m. Committee on Armed Services Monday, March 1, 2021 Title IV of Senate Resolution 4, To hold hearings to examine the nomina- Ms. JOHNSON of Texas. Madam Speaker, agreed to by the Senate of February 4, tion of Colin Hackett Kahl, of Cali- I rise today to affirm my support for H.R. 1280, 1977, calls for establishment of a sys- fornia, to be Under Secretary of De- the George Floyd Justice in Policing Act of tem for a computerized schedule of all fense for Policy. 2021. meetings and hearings of Senate com- SD–106 mittees, subcommittees, joint commit- 10 a.m. Last summer, in the wake of George Floyd’s Committee on Energy and Natural Re- horrific murder, people in communities sweep- tees, and committees of conference. This title requires all such committees sources ing the nation and the world took to the streets Business meeting to consider sub- to express anger born of despair. His death to notify the Office of the Senate Daily committee assignments for the 117th was not an isolated incident—but another in a Digest—designated by the Rules Com- Congress, and the nomination of Debra long, tragic pattern of injustices committed mittee—of the time, place and purpose Anne Haaland, of New Mexico, to be against the Black community at the hands of of the meetings, when scheduled and Secretary of the Interior; to be imme- law enforcement. And each incident, however any cancellations or changes in the diately followed by a hearing to exam- severe, serves as a sobering reminder of the meetings as they occur. ine the nomination of David Turk, of As an additional procedure along Maryland, to be Deputy Secretary of systemic racism still woven into the fabric of Energy. our institutions. with the computerization of this infor- mation, the Office of the Senate Daily SD–366 For many, the death of George Floyd is Committee on Veterans’ Affairs merely an eye-opening introduction to the Digest will prepare this information for To continue hearings with the House harsh, unequal application of justice unfairly printing in the Extensions of Remarks Committee on Veterans’ Affairs to ex- meted on the Black community. But for us, section of the CONGRESSIONAL RECORD amine the legislative presentation of this is nothing new. Many decades ago, I re- on Monday and Wednesday of each veterans services organizations. member having the conversation with my par- week. WEBEX ents about how to act during a police encoun- Meetings scheduled for Tuesday, 10:15 a.m. Committee on Banking, Housing, and ter. Fast forward to a newer generation, I was March 2, 2021 may be found in the Daily Digest of today’s RECORD. Urban Affairs forced to have that same conversation with my To hold hearings to examine how the fi- son—but it does not stop there. As my son nancial system hurts workers and wid- raised his three sons, he too had to repeat MEETINGS SCHEDULED ens the racial wealth gap. this morbid discussion with my grandsons. For MARCH 3 WEBEX far too long, for too many generations, we 10 a.m. Committee on Homeland Security and have tolerated and suffered the consequences Committee on Commerce, Science, and Governmental Affairs of racism in our way of life. But at this mo- Transportation To hold hearings to examine the nomina- ment, in the wake of so much pain and grief, To hold hearings to examine the nomina- tions of Shalanda D. Young, of Lou- isiana, to be Deputy Director, and Congress has a moral responsibility to meet tion of Polly Ellen Trottenberg, of New York, to be Deputy Secretary of Trans- Jason Scott Miller, of Maryland, to be the calls for bold and transformative change. portation. Deputy Director for Management, both As such to support federal policies to ad- SR–253 of the Office of Management and Budg- dress this ongoing issue, I am proud to be an Committee on Environment and Public et. original cosponsor of H.R. 1280, the George Works SD–342/WEBEX Floyd Justice in Policing Act. This proposed To hold hearings to examine the nomina- MARCH 9 legislation would: ban the use of no-knock tions of Brenda Mallory, of Maryland, 9 a.m. to be a Member of the Council on Envi- warrants and deadly chokeholds; limit the Committee on the Judiciary ronmental Quality, and Janet Garvin transfer of military-grade equipment to police To hold hearings to examine the nomina- McCabe, of Indiana, to be Deputy Ad- tions of Lisa O. Monaco, of the District departments; and, most importantly, put into ministrator of the Environmental Pro- of Columbia, to be Deputy Attorney place several reforms to make it easier to hold tection Agency. General, and Vanita Gupta, of Virginia, police officers accountable for misconduct. If SD–562 to be Associate Attorney General, both enacted, the Justice in Policing Act will be a Committee on Finance of the Department of Justice. Business meeting to consider the nomi- critical first—but necessary first—step on the SH–216 path towards racial reconciliation. nations of Xavier Becerra, of Cali- MARCH 18 It is important to note that this legislation fornia, to be Secretary of Health and alone cannot right the wrongs of the past, nor Human Services, Katherine C. Tai, of 10 a.m. the District of Columbia, to be United Committee on Veterans’ Affairs will it guarantee the total prevention of injus- States Trade Representative, with the To resume hearings with the House Com- tices in the future. Rather, we must empower rank of Ambassador, and Adewale O. mittee on Veterans’ Affairs to examine our communities to reimagine public safety in Adeyemo, of California, to be Deputy the legislative presentation of veterans an equitable manner. This means rein- Secretary of the Treasury. services organizations. vesting—not defunding—police department re- SH–216 WEBEX

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate confirmed the nomination of Miguel A. Cardona, of Connecticut, to be Secretary of Education. Senate During consideration of this nomination today, Chamber Action Senate also took the following action: Routine Proceedings, pages S907–S963 By 84 yeas to 15 nays (Vote No. EX. 69), Senate Measures Introduced: Twenty-eight bills and nine agreed to the motion to close further debate on the resolutions were introduced, as follows: S. 490–517, nomination. Page S921 S. Res. 78–85, and S. Con. Res. 7. Pages S954–55 A unanimous-consent agreement was reached pro- Measures Reported: viding for further consideration of the nomination at Special Report entitled ‘‘Activities of the Com- approximately 10:30 a.m., on Tuesday, March 2, mittee on Homeland Security and Governmental Af- 2021; and that at 2:15 p.m., the cloture time be considered expired and Senate vote on confirmation fairs’’. (S. Rept. No. 117–1) Page S954 of the nomination. Page S963 Measures Passed: Nomination Confirmed: Senate confirmed the fol- Notifying the President of the Election of the Sec- lowing nomination: retary of the Senate: Senate agreed to S. Res. 78, noti- By 64 yeas to 33 nays (Vote No. EX. 68), Miguel fying the President of the United States of the elec- A. Cardona, of Connecticut, to be Secretary of Edu- tion of the Secretary of the Senate. Page S907 cation. Pages S912–21, S963 Notifying the House of the Election of the Sec- Messages from the House: Page S953 retary of the Senate: Senate agreed to S. Res. 79, notifying the House of Representatives of the elec- Measures Placed on the Calendar: Page S953 tion of the Secretary of the Senate. Page S907 Executive Communications: Page S953 Honoring the Life and Legacy of John Robert Petitions and Memorials: Pages S953–54 Lewis: Senate agreed to S. Res. 82, honoring the life Executive Reports of Committees: Page S954 and legacy of John Robert Lewis and commending John Robert Lewis for his towering achievements in Additional Cosponsors: Pages S955–56 the nonviolent struggle for civil rights. Page S921 Statements on Introduced Bills/Resolutions: National FFA Organization: Senate agreed to S. Pages S956–63 Res. 83, expressing support for the designation of Additional Statements: Page S953 February 20 through February 27, 2021, as ‘‘Na- Privileges of the Floor: Page S963 tional FFA Week’’, recognizing the important role of the National FFA Organization in developing the Record Votes: Two record votes were taken today. next generation of leaders who will change the (Total—69) Page S921 world, and celebrating 50 years of National FFA Or- Adjournment: Senate convened at 3 p.m. and re- ganization Alumni and Supporters. Page S922 cessed at 6:51 p.m., until 10:30 a.m. on Tuesday, Raimando Nomination—Agreement: Senate re- March 2, 2021. (For Senate’s program, see the re- sumed consideration of the nomination of Gina marks of the Acting Majority Leader in today’s Marie Raimando, of Rhode Island, to be Secretary of Record on page S963.) Commerce. Page S921 D174

VerDate Sep 11 2014 08:04 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01MR1.REC D01MRPT1 SSpencer on DSK126QN23PROD with DIGEST March 1, 2021 CONGRESSIONAL RECORD — DAILY DIGEST D175 dered favorably reported the nomination of Merrick Committee Meetings Brian Garland, of Maryland, to be Attorney General. (Committees not listed did not meet) BUSINESS MEETING Committee on the Judiciary: Committee adopted its rules of procedure for the 117th Congress, and or- h House of Representatives Roll No. 51, after the previous question was ordered Chamber Action by a yea-and-nay vote of 220 yeas to 201 nays, Roll Public Bills and Resolutions Introduced: 33 pub- No. 50. Pursuant to section 6(a) of H. Res. 179, H. lic bills, H.R. 8, 1445–1476; and 5 resolutions, H. Res. 176 was adopted. Pursuant to section 6(b) of H. Res. 176–178, 180–181, were introduced. Res. 179, H. Res. 177 was adopted. Pages H864–72 Pages H880–82 Senate Referral: S. 422 was held at the desk. Additional Cosponsors: Senate Messages: Messages received from the Senate Report Filed: A report was filed today as follows: by the Clerk and subsequently presented to the H. Res. 179, providing for consideration of the House today appear on page H864. bill (H.R. 1) to expand Americans’ access to the bal- lot box, reduce the influence of big money in poli- Quorum Calls—Votes: Two yea-and-nay votes de- tics, strengthen ethics rules for public servants, and veloped during the proceedings of today and appear implement other anti-corruption measures for the on pages H870–71 and H871–72. purpose of fortifying our democracy, and for other Adjournment: The House met at 12 p.m. and ad- purposes; providing for consideration of the bill journed at 10:09 p.m. (H.R. 1280) to hold law enforcement accountable for misconduct in court, improve transparency through data collection, and reform police training and poli- Committee Meetings cies; and for other purposes (H. Rept. 117–9). Page H880 FOR THE PEOPLE ACT OF 2021; GEORGE Speaker: Read a letter from the Speaker wherein she FLOYD JUSTICE IN POLICING ACT OF 2021 appointed Representative Beyer to act as Speaker pro Committee on Rules: Full Committee held a hearing on tempore for today. Page H863 H.R. 1, the ‘‘For the People Act of 2021’’; and H.R. Recess: The House recessed at 12:01 p.m. and re- 1280, the ‘‘George Floyd Justice in Policing Act of 2021’’. The Committee granted, by record vote of convened at 2 p.m. Page H863 7–4, a rule providing for consideration of H.R. 1, Recess: The House recessed at 2:07 p.m. and recon- the ‘‘For the People Act of 2021’’, and H.R. 1280, vened at 7:19 p.m. Page H964 the ‘‘George Floyd Justice in Policing Act of 2021’’. For the People Act of 2021 and George Floyd The rule provides for consideration of H.R. 1, the Justice in Policing Act of 2021—Rule for Con- ‘‘For the People Act of 2021’’, under a structured sideration: The House agreed to H. Res. 179, pro- rule. The rule provides one hour of general debate viding for consideration of the bill (H.R. 1) to ex- equally divided and controlled by the chair and pand Americans’ access to the ballot box, reduce the ranking minority member of the Committee on influence of big money in politics, strengthen ethics House Administration or their designees. The rule rules for public servants, and implement other anti- waives all points of order against consideration of the corruption measures for the purpose of fortifying our bill. The rule provides that the amendment printed democracy; providing for consideration of the bill in part A of the Rules Committee report shall be (H.R. 1280) to holdlaw enforcement accountable for considered as adopted and the bill, as amended, shall misconduct in court, improve transparency through be considered as read. The rule waives all points of data collection, and reform police training and poli- order against provisions in the bill, as amended. The cies, by a yea-and-nay vote of 218 yeas to 207 nays, rule provides that following debate, each further

VerDate Sep 11 2014 08:04 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01MR1.REC D01MRPT1 SSpencer on DSK126QN23PROD with DIGEST D176 CONGRESSIONAL RECORD — DAILY DIGEST March 1, 2021 amendment printed in part B of the Rules Com- COMMITTEE MEETINGS FOR TUESDAY, mittee report not earlier considered as part of MARCH 2, 2021 amendments en bloc pursuant to section 3 shall be considered only in the order printed in the report, (Committee meetings are open unless otherwise indicated) may be offered only by a Member designated in the Senate report, shall be considered as read, shall be debatable for the time specified in the report equally divided Committee on Armed Services: to hold hearings to examine global security challenges and strategy, 9:30 a.m., and controlled by the proponent and an opponent, SD–G50. may be withdrawn by the proponent at any time be- Committee on Banking, Housing, and Urban Affairs: to fore the question is put thereon, shall not be subject hold hearings to examine the nominations of Gary to amendment, and shall not be subject to a demand Gensler, of Maryland, to be a Member of the Securities for division of the question. Section 3 of the rule and Exchange Commission, and Rohit Chopra, of the provides that at any time after debate the chair of District of Columbia, to be Director, Bureau of Consumer the Committee on House Administration or her des- Financial Protection, 10 a.m., WEBEX. ignee may offer amendments en bloc consisting of Committee on the Budget: to hold hearings to examine the further amendments printed in part B of the Rules nomination of Shalanda D. Young, of Louisiana, to be Committee report not earlier disposed of. Amend- Deputy Director of the Office of Management and Budg- ments en bloc shall be considered as read, shall be et, 11 a.m., SD–608. Committee on Homeland Security and Governmental Affairs: debatable for 20 minutes equally divided and con- to hold hearings to examine the Government Account- trolled by the chair and ranking minority member ability Office’s 2021 High Risk List, focusing on address- of the Committee on House Administration or their ing waste, fraud, and abuse, 2:30 p.m., SD–342/WEBEX. designees, shall not be subject to amendment, and Select Committee on Intelligence: closed business meeting shall not be subject to a demand for division of the to consider pending intelligence matters; to be imme- question. The rule waives all points of order against diately followed by a closed briefing on certain intel- the amendments printed in the Rules Committee re- ligence matters, 2:30 p.m., SVC–217. port or amendments en bloc described in section 3 of the resolution. The rule provides one motion to House recommit. The rule provides for consideration of Committee on Appropriations, Subcommittee on Labor, H.R. 1280, the ‘‘George Floyd Justice in Policing Health and Human Services, Education, and Related Act of 2021’’, under a closed rule. The rule provides Agencies, hearing entitled ‘‘Health and Safety Protections one hour of general debate equally divided and con- for Meatpacking, Poultry, and Agricultural Workers’’, 10 trolled by the chair and ranking minority member a.m., Webex. of the Committee on the Judiciary or their des- Subcommittee on Legislative Branch, budget hearing on Open World, 10 a.m., Webex. ignees. The rule waives all points of order against Subcommittee on Defense, hearing entitled ‘‘U.S. Mili- consideration of the bill. The rule provides that the tary Service Academies Overview’’, 10:30 a.m., Webex. bill shall be considered as read. The rule waives all Subcommittee on Legislative Branch, budget hearing points of order against provisions in the bill. The on the Congressional Budget Office, 2 p.m., Webex. rule provides one motion to recommit. The rule pro- Committee on Energy and Commerce, Subcommittee on vides that House Resolution 176 and House Resolu- Health, hearing entitled ‘‘The Future of Telehealth: How tion 177 are hereby adopted. Testimony was heard COVID–19 is Changing the Delivery of Virtual Care’’, from Chairman Lofgren, and Representatives Rodney 10:30 a.m., Webex. Davis of Illinois, Jackson Lee, Biggs, Stauber, Lesko, Committee on Foreign Affairs, Subcommittee on Africa, Bourdeaux, Armstrong, Jones, Comer, Sarbanes, Global Health, and Global Human Rights, hearing enti- Grothman, Smucker, Spartz, Westerman, and Bur- tled ‘‘Elections in Africa’’, 11 a.m., Webex. gess. Committee on Oversight and Reform, Full Committee, hearing entitled ‘‘The 2021 GAO High-Risk List: Blue- print for a Safer, Stronger, More Effective America’’, 10:30 a.m., 2154 Rayburn and Webex. Joint Meetings Committee on Transportation and Infrastructure, Sub- No joint committee meetings were held. committee on Aviation, hearing entitled ‘‘COVID–19’s Effects on U.S. Aviation and the Flight Path to Recov- ery’’, 10 a.m., 2167 Rayburn.

VerDate Sep 11 2014 08:04 Mar 02, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01MR1.REC D01MRPT1 SSpencer on DSK126QN23PROD with DIGEST March 1, 2021 CONGRESSIONAL RECORD — DAILY DIGEST D177 CONGRESSIONAL PROGRAM AHEAD Adewale O. Adeyemo, of California, to be Deputy Sec- retary of the Treasury, 10 a.m., SH–216. Week of March 2 through March 5, 2021 Committee on Foreign Relations: March 3, to hold hear- ings to examine the nominations of Wendy Ruth Sher- Senate Chamber man, of Maryland, to be Deputy Secretary, and Brian P. On Tuesday, Senate will continue consideration of McKeon, of the District of Columbia, to be Deputy Sec- the nomination of Gina Marie Raimando, of Rhode retary for Management and Resources, both of the De- Island, to be Secretary of Commerce, post-cloture, partment of State, 10 a.m., SD–106/VTC. with a vote on confirmation thereon at 2:15 p.m. Committee on Homeland Security and Governmental Affairs: Following which, Senate will vote on the motion to March 2, to hold hearings to examine the Government invoke cloture on the nomination of Cecilia Elena Accountability Office’s 2021 High Risk List, focusing on addressing waste, fraud, and abuse, 2:30 p.m., SD–342/ Rouse, of New Jersey, to be Chairman of the Coun- WEBEX. cil of Economic Advisors. March 3, Full Committee, with the Committee on During the balance of the week, Senate may con- Rules and Administration, to hold a joint hearing to ex- sider any cleared legislative and executive business. amine the January 6, 2021 attack on the Capitol, 10 Senate Committees a.m., SD–G50/WEBEX. March 4, Full Committee, to hold hearings to examine (Committee meetings are open unless otherwise indicated) the nominations of Shalanda D. Young, of Louisiana, to Committee on Armed Services: March 2, to hold hearings be Deputy Director, and Jason Scott Miller, of Maryland, to examine global security challenges and strategy, 9:30 to be Deputy Director for Management, both of the Of- a.m., SD–G50. fice of Management and Budget, 10:15 a.m., SD–342/ March 4, Full Committee, to hold hearings to examine WEBEX. the nomination of Colin Hackett Kahl, of California, to Committee on Rules and Administration: March 3, with be Under Secretary of Defense for Policy, 9:30 a.m., the Committee on Homeland Security and Governmental SD–106. Affairs, to hold a joint hearing to examine the January Committee on Banking, Housing, and Urban Affairs: 6, 2021 attack on the Capitol, 10 a.m., SD–G50/ March 2, to hold hearings to examine the nominations of WEBEX. Gary Gensler, of Maryland, to be a Member of the Securi- Committee on Veterans’ Affairs: March 3, to hold hearings ties and Exchange Commission, and Rohit Chopra, of the with the House Committee on Veterans’ Affairs to exam- District of Columbia, to be Director, Bureau of Consumer ine the legislative presentation of veterans services organi- Financial Protection, 10 a.m., WEBEX. zations, 10 a.m., WEBEX. March 4, Full Committee, to hold hearings to examine March 4, Full Committee, to continue hearings with how the financial system hurts workers and widens the the House Committee on Veterans’ Affairs to examine the racial wealth gap, 10:15 a.m., WEBEX. legislative presentation of veterans services organizations, Committee on the Budget: March 2, to hold hearings to 10 a.m., WEBEX. examine the nomination of Shalanda D. Young, of Lou- Select Committee on Intelligence: March 2, closed business isiana, to be Deputy Director of the Office of Manage- meeting to consider pending intelligence matters; to be ment and Budget, 11 a.m., SD–608. immediately followed by a closed briefing on certain in- Committee on Commerce, Science, and Transportation: March telligence matters, 2:30 p.m., SVC–217. 3, to hold hearings to examine the nomination of Polly Ellen Trottenberg, of New York, to be Deputy Secretary House Committees of Transportation, 10 a.m., SR–253. Committee on Appropriations, March 3, Subcommittee on Committee on Energy and Natural Resources: March 4, Legislative Branch, budget hearing on the U.S. Capitol business meeting to consider subcommittee assignments Police, 10 a.m., Webex. for the 117th Congress, and the nomination of Debra March 3, Subcommittee on Legislative Branch budget Anne Haaland, of New Mexico, to be Secretary of the In- hearing on the Library of Congress, 12 p.m., Webex. terior; to be immediately followed by a hearing to exam- March 4, Subcommittee on Agriculture, Rural Devel- ine the nomination of David Turk, of Maryland, to be opment, Food and Drug Administration, and Related Deputy Secretary of Energy, 10 a.m., SD–366. Agencies, hearing entitled ‘‘FDA’s Foreign Drug Inspec- Committee on Environment and Public Works: March 3, to tions Program’’, 10 a.m., Webex. hold hearings to examine the nominations of Brenda Mal- March 4, Subcommittee on Legislative Branch, budget lory, of Maryland, to be a Member of the Council on En- hearing on the Office of Congressional Workplace Rights, vironmental Quality, and Janet Garvin McCabe, of Indi- 10 a.m., Webex. ana, to be Deputy Administrator of the Environmental March 5, Subcommittee on Military Construction, Vet- Protection Agency, 10 a.m., SD–562. erans Affairs, and Related Agencies, hearing entitled ‘‘Sta- Committee on Finance: March 3, business meeting to con- tus of Department of Veterans Affairs Infrastructure’’, sider the nominations of Xavier Becerra, of California, to 10:30 a.m., Webex. be Secretary of Health and Human Services, Katherine C. Committee on Foreign Affairs, March 3, Subcommittee on Tai, of the District of Columbia, to be United States the Western Hemisphere, Civilian Security, Migration Trade Representative, with the rank of Ambassador, and and International Economic Policy, hearing entitled ‘‘A

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED SEVENTEENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through February 28, 2020 January 3 through February 28, 2020 Senate House Total Civilian nominees, totaling 90, disposed of as follows: Days in session ...... 30 26 . . Confirmed ...... 12 ′ ′ Time in session ...... 147 hrs., 06 110 hrs, 1 .. Unconfirmed ...... 45 Congressional Record: Withdrawn ...... 33 Pages of proceedings ...... 906 861 . . Extensions of Remarks ...... 182 . . Other Civilian nominees, totaling 1, disposed of as follows: Public bills enacted into law ...... 4 1 . . Private bills enacted into law ...... Unconfirmed ...... 1 Bills in conference ...... Measures passed, total ...... 39 58 97 Air Force nominees, totaling 1,664, disposed of as follows: Senate bills ...... 2 . . . . Confirmed ...... 48 House bills ...... 1 16 . . Unconfirmed ...... 1,616 Senate joint resolutions ...... House joint resolutions ...... Army nominees, totaling 2,454, disposed of as follows: Senate concurrent resolutions ...... 3 3 . . House concurrent resolutions ...... 1 3 . . Confirmed ...... 118 Simple resolutions ...... 32 36 . . Unconfirmed ...... 2,336 Measures reported, total ...... *19 *8 27 Senate bills ...... 1 . . . . Navy nominees, totaling 124, disposed of as follows: House bills ...... 1 . . Confirmed ...... 1 Senate joint resolutions ...... Unconfirmed ...... 123 House joint resolutions ...... Senate concurrent resolutions ...... Marine Corps nominees, totaling 437, disposed of as follows: House concurrent resolutions ...... Simple resolutions ...... 18 7 . . Confirmed ...... 69 Special reports ...... Unconfirmed ...... 368 Conference reports ...... Measures pending on calendar ...... 4 . . . . Space Force nominees, totaling 984, disposed of as follows: Measures introduced, total ...... 571 1,652 2,223 Confirmed ...... 1 Bills ...... 479 1,428 .. Unconfirmed ...... 983 Joint resolutions ...... 9 28 . . Concurrent resolutions ...... 6 21 . . Summary Simple resolutions ...... 77 175 . . Quorum calls ...... 2 1 . . Total nominees carried over from the First Session ...... 0 Yea-and-nay votes ...... 67 48 . . Total nominees received this Session ...... 5,754 Recorded votes ...... Total confirmed ...... 249 Bills vetoed ...... Total unconfirmed ...... 5,472 Vetoes overridden ...... Total withdrawn ...... 33 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accompanyingreport. No written reports have been filed in the Senate, 8 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Tuesday, March 2 9 a.m., Tuesday, March 2

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of H.R. 1—For ation of the nomination of Gina Marie Raimando, of the People Act of 2021. Consideration of H.R. 1280— Rhode Island, to be Secretary of Commerce, post-cloture, George Floyd Justice in Policing Act of 2021. with a vote on confirmation thereon at 2:15 p.m. Fol- lowing which, Senate will vote on the motion to invoke cloture on the nomination of Cecilia Elena Rouse, of New Jersey, to be Chairman of the Council of Economic Advi- sors. (Senate will recess following the remarks of Senator Cruz until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E188 Norton, Eleanor Holmes, The District of Columbia, Joyce, John, Pa., E184 E183 Banks, Jim, Ind., E185 Kinzinger, Adam, Ill., E183, E185 Pallone, Frank, Jr., N.J., E186 Bost, Mike, Ill., E183 Meng, Grace, N.Y., E187 Pappas, Chris, N.H., E186 Clyburn, James E., S.C., E187 Pence, Greg, Ind., E185 Mooney, Alexander X., W.Va., E186 Cole, Tom, Okla., E184 Spartz, Victoria, Ind., E186 Moore, Gwen, Wisc., E185 Davis, Danny K., Ill., E187 Thompson, Bennie G., Miss., E184 Garamendi, John, Calif., E184 Newhouse, Dan, Wash., E187 Westerman, Bruce, Ark., E183, E186

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