S3162 CONGRESSIONAL RECORD — SENATE June 24, 2020 body is that we vote or agree to get Yesterday, the Speaker of the House Democrats can explain to the Nation onto a bill, and then we discuss, de- told CBS News that because Senate Re- why they made sure the Senate did bate, and amend it until at least 60 publicans do support Senator TIM nothing. Senators are satisfied, or it goes no- SCOTT’s reform bill, we are all—listen f where. It goes nowhere at the end until to this jaw-dropping comment—‘‘trying 60 Senators are satisfied. to get away with murder . . . the mur- RESERVATION OF LEADER TIME So what are they giving up? Nothing. der of George Floyd.’’ That is the The PRESIDING OFFICER. Under They don’t want an outcome. The vote Speaker of the House accusing Senate the previous order, the leadership time we will take in a few hours is just the Republicans of trying to get away with is reserved. first step. We aren’t passing a bill. We murder. f aren’t making policy decisions. It is Are you beginning to see how this just a procedural vote to say that po- game works? Two weeks ago, it was CONCLUSION OF MORNING lice reform is the subject the Senate implied the Senate would have blood BUSINESS will tackle next. That is all it says— on our hands if we didn’t take up police The PRESIDING OFFICER. Morning that police reform is the subject the reform. Now Democrats say Senator business is closed. Senate will tackle next. SCOTT and 48 other Senators have blood f Alas, our Democratic colleagues have on our hands because we are trying to suddenly begun to signal they are not take up police reform. EXECUTIVE SESSION willing to even begin the discussion on What fascinating times we live in. police reform. They are threatening to Armies of elites and Twitter mobs block the subject from even reaching stand ready to pounce on any speech EXECUTIVE CALENDAR the Senate floor. they deem problematic. Yet unhinged The PRESIDING OFFICER. Under Yesterday, in a letter to me and on comments like these get a complete the previous order, the Senate will pro- the floor, the Democratic leader and free pass—a complete free pass. ceed to executive session to resume the junior Senators from New Jersey When our country needs unity, they consideration of the following nomina- and California put forward an argu- are trying to keep us apart. When our tion, which the clerk will report. ment that was almost nonsensical. Nation needs bipartisan solutions, they The senior assistant legislative clerk First, they explained a number of pol- are staging partisan theater. This is read the nomination of Cory T. Wilson, icy differences they have with Senator political nonsense elevated to an art of Mississippi, to be United States Cir- SCOTT’s proposal. No problem there. form. cuit Judge for the Fifth Circuit. The Senate has a handy tool for set- In a body that has amendments and The PRESIDING OFFICER. Under tling such differences; it is called legis- substitute amendments, it is nonsense the previous order, the time until 11:30 lating. We take up bills. We debate to say a police reform bill cannot be a.m. will be equally divided between them. We consider amendments from the starting point for a police reform the two leaders or their designees. both sides. And only if and when 60 bill. It is nonsense for Democrats to Mr. MCCONNELL. I suggest the ab- Senators are satisfied can we even vote say that, because they want to change sence of a quorum. on passage. Senator SCOTT’s bill, they are going to The PRESIDING OFFICER. The But this time, Senate Democrats say block the Senate from taking it up and clerk will call the roll. the legislative process should not hap- amending it. If they are confident in The senior assistant legislative clerk pen. This time, the Democratic leader their positions, they should embrace proceeded to call the roll. is saying he will not let the Senate the amendment process. If they aren’t Mr. SCHUMER. Madam President, I take up the subject of police reform at confident their views will persuade oth- ask unanimous consent that the order all—at all—unless I pre-negotiate with ers, that just underscores why they for the quorum call be rescinded. him in private and rewrite our starting don’t get to insert these views in ad- The PRESIDING OFFICER. Without point until he is satisfied. vance—in advance—behind closed objection, it is so ordered. This last-minute ultimatum is par- doors. RECOGNITION OF THE MINORITY LEADER ticularly ironic given the weeks of No final legislation can pass without rhetoric from leading Democrats about 60 votes. If Democrats do not like the The Democratic leader is recognized. how very urgent—how very urgent—it final product, it will not pass. The only JUSTICE IN POLICING ACT was that Congress address police re- way there is any downside for Demo- Mr. SCHUMER. Madam President, form and racial justice. For weeks, the crats to come to the table is that they the names of George Floyd, Breonna Democratic leader has blustered that would rather preserve this urgent sub- Taylor, and Ahmaud Arbery continue the Senate simply had to address this ject as a live campaign issue than pass to ring in the Nation’s ears, a searing issue before July 4. Well, that is what a bipartisan answer. reminder of the desperate need to re- the vote this morning is about. The majority has done everything we form policing and truly address injus- Last week, Speaker PELOSI said: ‘‘I can to proceed to this issue in good tice in America. Their memory is a na- hope there’s a compromise to be faith. I have fast-tracked this issue to tional call to action. reached in the Congress. . . .’’ because the floor this month, as our Demo- Democrats answered that call by pro- ‘‘How many more people have to die cratic colleagues said they wanted posing a broad, strong, comprehensive from police brutality?’’ So, as recently until 48 hours ago. I have expressed my policing reform bill that would bring as last week, leading Democrats called support for a robust amendment proc- deep and lasting change to police de- it a life-or-death issue for the Senate ess, as our Democratic colleagues said partments across America. House to take up the subject this month. they wanted until 48 hours ago. Democrats will pass that bill, the Jus- Well, here we are. Here we are. We are So make no mistake about it: Senate tice in Policing Act, as early as tomor- ready to address it. But now, in the Republicans are ready to make a law. row. last 48 hours, this bizarre, new ulti- We are ready to discuss and amend our However, here in the Senate, the Re- matum. Now they don’t want to take way to a bipartisan product, pass it, publican majority proposed the legisla- up the issue. They don’t want to de- and take it to conference with the tive equivalent of a fig leaf, something bate. They don’t want amendments. House. The American people deserve an that provides a little cover but no real They will filibuster police reform from outcome, and we cannot get an out- change. In less than an hour, Leader even reaching the floor of the Senate come if Democrats will not even let us MCCONNELL will ask the Senate to pro- unless the majority lets the minority begin—not even let us begin. ceed to the so-called policing reform rewrite the bill behind closed doors in I hope our colleagues reconsider and bill. advance. Let me say that again. They let the Senate consider police reform We have all gone over the bill’s defi- will filibuster police reform from even later today. If they do not, the next ciencies over and over. There are no reaching the floor unless the majority time another appalling incident makes good answers. Some on the other side lets the minority rewrite the bill be- our Nation sick to its stomach with have said the bills are similar. They hind closed doors in advance. grief and anger yet again, Senate are like night and day.

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.002 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3163 In response to the brutal killing of nizations, we write to express our strong op- yet pervasive practice of racial profiling, nor George Floyd—his wind pipe crushed position to S. 3985, the Just and Unifying So- does it include explicit bans on dangerous by a police officer—my Republican lutions to Invigorate Communities Every- practices like chokeholds or no-knock war- where (JUSTICE) Act. The JUSTICE Act is rants. It fails to address the militarization of friends drafted a bill that does not even an inadequate response to the decades of police or the need for a national standard re- fully ban the type of brutal tactics pain, hardship, and devastation that Black stricting the use of force, and lacks the na- that led to his death. people have and continue to endure as a re- tional, robust, and publicly available mis- In response to the death of Breonna sult of systemic racism and lax policies that conduct registry required for true trans- Taylor, killed by police executing a no- fail to hold police accountable for mis- parency. knock warrant, my Republican friends conduct. This bill falls woefully short of the Further, the JUSTICE Act provides more have drafted a bill that doesn’t even comprehensive reform needed to address the than $7 billion of additional federal dollars ban that type of tactic—what weak current policing crisis and achieve meaning- for law enforcement over the next five years, ful law enforcement accountability. It is directly contradicting our coalition’s call tea. For Leader MCCONNELL to come on deeply problematic to meet this moment and that of those marching in the streets to the floor with this bill and say he is with a menial incremental approach that of- redefine public safety by reducing the foot- solving the problem—no one believes fers more funding to police, and few policies print of our criminal legal system. Many of that, except maybe a few ideologues to effectively address the constant loss of the crises that currently involve police re- who really don’t want to solve the Black lives at the hands of police. We there- sponses, and which too often lead to mis- problem to begin with. fore urge you to oppose the JUSTICE Act treatment and increased mistrust, would be The bill doesn’t ban choke holds. It and vote no on the motion to proceed when better handled through the addition of doesn’t back no-knock warrants. It this legislation is brought to the floor. The health providers, social workers, and others Leadership Conference will score this vote in who can meet the needs of communities in a does nothing to stop profiling, the mili- our voting record for the 116th Congress. non-punitive manner. Pouring additional tarization of police or reform, use of Abusive policing practices, coupled with funding into a broken system is bad policy. force standards, and qualified immu- devastating state-sanctioned violence, have Furthermore, considering the limited finan- nity—all of the things that need to be exacted systemic brutality and fatality upon cial resources prompted by the COVID–19 done, almost none of which are in this Black people since our nation’s founding. Po- pandemic, all policing reform models must bill. lice have shot and killed more than 1,000 peo- reprioritize how limited dollars are spent. The last piece is particularly sur- ple in the United States over the past year, The programs authorized by the JUSTICE and Black people are disproportionately Act will necessarily mean fewer funds to prising. So much of the anger in the more likely than white people to be killed by tackle other issues critical to longlasting country right now is directed at the police. The chronic structural issue of police safety, such as housing, education, and lack of accountability for police offi- killings and lawlessness against Black peo- health care. Millions of people in the United cers who violate Americans’ rights. As ple have escalated to a boiling point in re- States are calling for these kinds of direct far as I can tell, the Republican bill cent weeks following the deaths of individ- investments into communities, and Congress does not even attempt one significant uals like Breonna Taylor, Dreasjon ‘‘Sean’’ should heed that call. reform—not one—to bring more ac- Reed, George Floyd, Tony McDade, and oth- Now is the time for Congress to be bold and countability to police officers who are ers. The current protests in our cities are a pass meaningful police accountability re- response not only to the unjust policing of form legislation. A vast and diverse collec- guilty of misconduct. Black people, but also a call for action to tion of people from coast to coast are calling If you present a bill, as Republicans public officials to enact bold, comprehensive, on lawmakers to prioritize Black commu- have here in the Senate, that does and structural change. nities and protect them from the systemic nothing on accountability and say they That is why, on June 1, 2020, The Leader- perils of over-policing, police brutality, mis- are solving or dealing with the problem ship Conference sent Congress a letter out- conduct, and harassment. It is your moral in even close to an adequate way, they lining accountability principles that must be and ethical duty to ensure Black people and are sadly mistaken. No one—no one— adopted as a baseline to address rampant, communities are free from the harm and believes that. systemic, white supremacy in law enforce- threats from law enforcement and milita- I could spend more time in describing ment across America. In less than 12 hours, rized police responses. It is also your respon- more than 450 of this country’s most diverse sibility to ensure that any legislation passed what the Republican bill doesn’t do civil rights, civil liberties, and racial justice does not just provide lip service to these than what it does do. The harsh fact of organizations signed onto that letter because problems, but fully meets the critical needs the matter is the bill is so deeply, fun- what was asked of Congress aligned with of this moment and beyond. Passing wa- damentally, and irrevocably flawed, it what advocates, policing experts, and other tered-down legislation that fails to remedy cannot serve as a useful starting point stakeholders agree is needed. The priorities the actual harms resulting in the loss of life for real reform. highlighted are not only reasonable but re- is a moral statement that is inconsistent Don’t ask me. Don’t ask the Demo- flect a bare minimum of what must be in- with a genuine belief that black lives mat- crats here. Ask the leading civil rights cluded in any policing legislation Congress ter. Anything less than full support for com- adopts in order for systemic reform to occur. prehensive legislation that holds police ac- organizations, which have declared These priorities are: (1) the creation of a countable is inexcusable. Further, any at- their strong opposition not only to this use of force standard that allows force only tempt to amend or salvage the JUSTICE Act bill but have urged us not to move for- when necessary and as a last resort; (2) a ban will only serve to ‘‘check the box’’ and claim ward because they know this bill is a on chokeholds; (3) a ban on racial profiling; reform when, in actuality, no reform has oc- sham, a cul-de-sac, which will lead to (4) the establishment of a police misconduct curred to combat police misconduct and to no reform whatsoever. registry; (5) the inclusion of a ‘‘reckless’’ protect Black lives. For these reasons, we Yesterday, 138 civil rights groups standard in 18 U.S.C. Section 242 that en- urge you to oppose the JUSTICE Act and sent an open letter to Senators de- ables federal prosecutors to hold law enforce- vote no on the motion to proceed on this leg- ment accountable for criminal civil rights islation. manding that we vote no on moving to violations; (6) a prohibition on no-knock Thank you for your leadership in advanc- proceed today. I have the letter here. warrants, especially in drug cases; (7) the ing these important policy recommenda- Madam President, I ask unanimous elimination of the judge-made doctrine of tions. If you have any questions about the consent to have printed in the RECORD qualified immunity, which allows officers issues raised in this letter, please contact the full letter. and other government actors to evade ac- Sakira Cook of The Leadership Conference There being no objection, the mate- countability when they violate individuals’ at [email protected] or The Leadership rial was ordered to be printed in the rights; and (8) the demilitarization of law en- Conference Justice Task Force co-chairs, RECORD, as follows: forcement agencies. This accountability Kanya Bennett of the ACLU, framework is reflected in S. 3912, the Justice [email protected] and Hilary Shelton of the THE LEADERSHIP CONFERENCE ON in Policing Act of 2020. NAACP at [email protected]. CIVIL AND HUMAN RIGHTS, Unfortunately, Senate majority leadership Sincerely, June 23, 2020. ignored these critical policies and introduced The Leadership Conference on Civil and VOTE NO ON THE MOTION TO PROCEED—S. 3985 the JUSTICE Act, a bill that fails to align Human Rights, A Little Piece Of Light, THE JUSTICE ACT with our framework principles and will ActionAid USA, AFGE Local 3354, African DEAR SENATORS: On behalf of The Leader- therefore not bring about the fundamental American Ministers In Action, Alabama ship Conference on Civil and Human Rights shift in policing our country needs. The bill State Association of Cooperatives, Alianza (The Leadership Conference), a coalition does nothing to address current barriers to Americas, Alianza Nacional de Campesinas, charged by its diverse membership of more holding law enforcement accountable, such American Association for Justice, American than 220 national organizations to promote as abolishing qualified immunity or crim- Atheists, American Civil Liberties Union, and protect civil and human rights in the inalizing the reckless use of force. It does American Family Voices, American Federa- United States, and the undersigned 138 orga- not address, let alone prohibit, the perverse tion of Teachers, American Federation of

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.004 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3164 CONGRESSIONAL RECORD — SENATE June 24, 2020 Labor and Congress of Industrial Organiza- Project, The Black Alliance for Just Immi- Whom do you believe, America—the tions (AFL-CIO), American Humanist Asso- gration (BAJI), The Daniel Initiative, The Leadership Conference on Civil Rights ciation, American Indian Mothers Inc., Sikh Coalition, The Workers Circle, Union or MITCH MCCONNELL? Whom do you American-Arab Anti-Discrimination Com- for Reform Judaism, United Church of believe, America—the NAACP or the mittee (ADC), Americans for Democratic Ac- Christ, Justice and Witness Ministries; tion (ADA), Amnesty International USA, Ar- UNITED SIKHS, United We Dream Action, Republican caucus? Whom do you be- kansas United. Voices for Progress, Win Without War, Wom- lieve, America—the lawyer for the Tay- Asian Americans Advancing Justice | an’s National Democratic Club (WNDC). lor and Floyd families or Donald AAJC, Atrisco Community, Autistic Self Ad- Mr. SCHUMER. Madam President, I Trump, who has these Members quak- vocacy Network, Autistic Women and Non- want to ask the American people, I ing in their boots if they do something binary Network, Bazelon Center for Mental want to ask Republican Senators: Who that he doesn’t like? Health Law, Bend the Arc: Jewish Action, That is one of the other reasons we is a better guardian of the civil rights Black Farmers and Agriculturalists Associa- are in such a pickle here. They are so of African Americans when it comes to tion, Inc.; Bread for the World, Center for afraid of Donald Trump, who is willing police reform—the NAACP or MITCH Disability Rights, Center for Law and Social to say overtly racist statements, like Policy, Center for Responsible Lending, Cen- MCCONNELL? ter for the Study of Hate & Extremism-Cali- If this bill were such a good path to ‘‘Kung Flu’’ several times yesterday, fornia State University, San Bernardino; reform, why wouldn’t civil rights orga- that they can’t even bring themselves Chi-Town GVP Summit, Church of Scien- nizations from one end of America to to put a bill on the floor that has a tology National Affairs Office, Clearinghouse another say: Go forward; maybe we will modicum of respect from the civil on Women’s Issues, Climate Reality Project, get something done. Because they rights community? When you call it Coalition of Black Trade Unionists, Coali- ‘‘menial,’’ you are not respecting a bill. tion on Human Needs, Coalition to Stop Gun know the bill is a ruse, and nothing The NAACP Legal Defense and Edu- Violence, Common Cause. will get done. That is the way it is de- cational Fund, founded by the great CommonSpirit Health, Congregation of signed. Whom do you believe when it Justice Thurgood Marshall—here is Our Lady of Charity of the Good Shepherd, comes to civil rights and police ac- U.S. Provinces; Constitutional Account- what it said. They have been fighting countability—MITCH MCCONNELL or the for these things for 80 on years, not 8 ability Center, Council on American-Islamic lawyer for the families of George Floyd Relations (CAIR), CURE (Citizens United for days. ‘‘It cannot support legislation Rehabilitation of Errants), Daniet Initiative and Breonna Taylor? Whom do you be- that does not embody a strong ac- Set Project, Defending Rights & Dissent, De- lieve—the lawyer of the Floyd and Tay- countability framework for police offi- mand Progress, DemCast USA, Democracy lor families or MITCH MCCONNELL, cers and [other] law enforcement who 21, Drug Policy Alliance, Earthjustice, End whom we have never heard speak on engage in misconduct.’’ Citizens United // Let America Vote Action this issue on the floor until the last Here is what Benjamin Crump, the Fund, Equal Rights Advocates, Equality few weeks? These groups have been lawyer, said: The Republican legisla- California, Farmworker Association of Flor- speaking about it for decades. ida, Feminist Majority Foundation, Govern- tion is ‘‘in direct contrast to the de- The idea—the idea—that this bill is a mands of the people’’ who have been ment Information Watch, Hindu American step forward when it will lead to no- Foundation, Hispanic Federation. protesting; and ‘‘the Black Community Human Rights Campaign, Human Rights where? It will not be. MITCH MCCON- is tired of lip service, and shocked that First, Immigration Hub, IndivisAbility, In- NELL keeps saying you can cut the bill the [Republican proposal] can [even] be nocence Project, Japanese American Citizens off when you don’t get your 60 votes. thought of as legislation.’’ That is the League, Jewish Council for Public Affairs, What kind of solution is that, when it lawyer for the Taylor and Floyd fami- Joint Action Committee, Justice in Aging, is a junky bill, when it is a bill that Justice Roundtable, Juvenile Law Center, lies. Leader MCCONNELL has invoked doesn’t go far enough at all? Why don’t their names—that is the right thing to Kansas Black Farmers Association Inc, we put a good bill on the floor that can Lambda Legal, Landowners Association of do—but then deviates totally from Texas, Leadership Conference on Civil & pass? what their lawyer says needs to be Human Rights, League of Women Voters of Let me read what the Leadership done to deal with these kinds of deaths. the United States, Mennonite Central Com- Conference on Civil and Human Rights Again, Benjamin Crump, the lawyer for mittee U.S. Washington Office, said. They have had a hand in crafting the Floyd and Taylor families: ‘‘The Mommieactivist and Sons, MomsRising, every piece of meaningful legislation Black community is tired of the lip MoveOn. passed in Congress in the last few Muslim Advocates, NAACP, NAACP Legal service, and shocked that the [Repub- years. lican proposal] can [even] be thought of Defense and Educational Fund, Inc.; Na- The JUSTICE Act— tional Action Network, National Advocacy as legislation.’’ Center of the Sisters of the Good Shepherd, The Republican bill— Don’t get on your sanctimonious National Association of Human Rights is an inadequate response to the decades of horse, Leader MCCONNELL. You have Workers, National Association of Social pain, hardship, and devastation that Black none of the civil rights community be- Workers, National Center for Transgender people have and continue to endure as a re- hind you. Equality, National Council of Churches, Na- sult of systemic racism and lax policies that The most preeminent civil rights tional Council on Independent Living, Na- fail to hold police accountable for mis- conduct. This bill falls woefully short of the groups in our Nation’s history are tional Domestic Workers Alliance, National speaking. The lawyer representing the Down Syndrome Congress, National Edu- comprehensive reform needed to address the cation Association, National Employment current policing crisis and achieve meaning- families of Americans who have lost Law Project, National Equality Action Team ful law enforcement accountability. their loved ones at the hands of those (NEAT), National Housing Law Project, Na- Listen to this sentence, from 136 civil who are sworn to protect and serve are tional Latino Farmers & Ranchers Trade As- rights organizations about this bill speaking. They have one simple, urgent sociation, National LGBTQ Task Force Ac- that Leader MCCONNELL has put on the goal, and it has nothing to do with pol- tion Fund, National Organization for floor: itics. Women, National Partnership for Women & It is deeply problematic to meet this mo- Leader MCCONNELL accuses what we Families. are doing as being filled with politics. Natural Resources Defense Council, NET- ment with a menial incremental approach Does Leader MCCONNELL accuse all 138 WORK Lobby for Catholic Social Justice, that offers more funding to police, and few New America’s Open Technology Institute, policies to effectively address the constant civil rights organizations of wanting to Oklahoma Black Historical Research loss of Black lives at the hands of police. do this for politics? No, no, no. I think Project, Inc.; Open Society Policy Center, Leader MCCONNELL, here is what the the shoe is on the other foot. I think Oxfam America, People For the American civil rights organizations say about the politics here is that Leader MCCON- Way, People’s Action, Pesticide Action Net- your bill. They rip off any cloaking NELL wants to show that he is doing work, PFLAG National, Prison Policy Initia- about what this bill really does and something and get nothing done. tive, Public Citizen, Public Justice, Rab- what it is. I want to read it again—spe- He may be afraid of President Trump. binical Assembly, RAICES, Restore The cifically to our Republican leader, who He may be afraid of some police organi- Fourth, Rural Advancement Fund of the Na- thinks this is a good bill and a great zations. I don’t know what it is. tional Sharecroppers Fund, Rural Coalition, Here is what they say in their letter: Silver State Equality-Nevada. attempt to go forward: Southern Border Communities Coalition, It is deeply problematic to meet this mo- ‘‘We therefore urge you’’—the Sen- SPLC Action Fund, Stand for Children, ment with a menial incremental approach ators—‘‘to oppose the JUSTICE Act Stand Up America, Students for Sensible that offers more funding to police, and few and vote no on the motion to proceed.’’ Drug Policy, T’ruah, Texas Progressive Ac- policies to effectively address the constant I dare the leader to come out here tion Network, Texas Watch, The Agenda loss of Black lives at the hands of police. and say they are playing politics—

VerDate Sep 11 2014 02:58 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.005 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3165 come right out and say it—because it is Senate Republicans and their Presi- start debating. We could send that bill false, and we, the Democrats, are dent, who proclaims we should cherish to the committee and have an open aligned with what they believe. the memory of Confederate traitors process, as it would be refined. This is This morning, we heard more predict- who fought to preserve slavery, who an important issue. able histrionics from the Republican gleefully called the coronavirus ‘‘Kung That, Leader MCCONNELL, is what leader—the accusation of mindless ob- Flu,’’ with hardly a word of criticism successful legislating will be. I have no struction and outrageous hypocrisy. from his party, expects you to believe doubt that we could come up with a Leader MCCONNELL should spare us the that Republicans are, all of a sudden, bill that is ready for the floor in a few lectures about how laws get made. He the true champions of racial justice weeks. We know how to do this. But in knows how. It is through bipartisan- and police reform? That is what Senate the rush to get this issue off their ship. The leader talks about bipartisan- Republicans want America to believe, backs, to check some political box and ship and introduces a totally partisan and America ain’t buying it. move on, my Republican colleagues bill and introduces a process where The same Republican majority that have forgotten or are simply ignoring Democrats have had no input. That is has demonstrated a complete lack of everything they know about how the partisanship. urgency to address the public health Senate works. Do you want to be bipartisan, Leader and economic crises that are dev- My hope, my prayer is that after this MCCONNELL? Sit down, assemble a astating Black America, the same Re- bill fails today, after Leader MCCON- group—some from your side, maybe publican majority that has refused NELL’s path reaches its preordained Senator SCOTT, who is greatly re- time and again to call out President dead end, we can start down the path of spected; some from our side, maybe Trump’s bigotry and intolerance, the bipartisanship—real bipartisanship— Senators BOOKER and HARRIS, who are same Republican majority that has run not a bill designed to be put on the greatly respected; and a few others. Let a conveyor belt of anti-civil rights floor by one party. them sit down and come up with a pro- votes for judicial nominees, including If Americans of all ages and colors posal. It does not have to be behind one today—today, the very same day and of all faiths can join together in a closed doors. we vote on policing reform—wants you righteous chorus calling for change, as The leader is worried about closed to believe that all of a sudden they they have in big cities and small towns doors? There is something called the want to get something done. As they across America, then we in the Senate Judiciary Committee. It doesn’t meet say in Brooklyn, forget about it. can at least try to come together to de- in secret. Why wasn’t this bill referred When you hear President Trump and liver it—Democrats and Republicans there, where there would be at least Senator MCCONNELL trying to cast working together to solve an age-old something of a bipartisan process? Who blame for lack of progress on police re- problem that is a deep wound in Amer- is he kidding? Who is he kidding? form, I have three words for you: Con- You don’t want closed doors, Leader ica. sider the source. Look at their history. These past few weeks have magnified MCCONNELL? Send it to the Judiciary a very old wound in our country. The Committee. Something as important as Look at what they have done. Look at this should have gone through that to just today. Leader MCCONNELL proudly binding up of that wound is a project begin with. brags that he is putting someone on that demands more from all of us: Let me repeat: Republicans came the Fifth Circuit who has opposed vot- Black Americans, White Americans, here, dropped the bill on the floor, and ing rights for his whole career. That is police departments, and the protesters said: Take it or leave it. Even if we who wants to move things forward? I in the streets—Democrats and Repub- were to get on the bill, there is no con- doubt it. licans. ceivable way to rectify all of its many Here is the truth. Senator MCCON- So, please, let us not once again re- problems. It is not realistic that we NELL has been around a long time and treat to our partisan corners after to- can fix this bill even with a series of knows how to produce a workable out- day’s vote. Let us appeal, instead, to amendments because they will require come in the Senate if he really wants the better angels of our nature, reach 60 votes, and we will not get 60 on any to. We have done it before on criminal out to one another, Democrats and Re- of them. If they believed in these ideas, justice reform, on annual budgets, on publicans, and try to forge a path for- as Senator HARRIS said, they would the national defense bill, and on the ward together. have put them in the bill to begin with. lands package we just passed. I yield the floor. They didn’t. Even on difficult issues like immi- The PRESIDING OFFICER (Mrs. The Republican majority has given gration, the Senate can function if the LOEFFLER). The majority whip. the Senate a bad bill and no credible leadership allows it to. In 2013, a bipar- Mr. THUNE. Madam President, in way to sufficiently improve it. Senator tisan group of Senators produced com- just a few minutes, we will vote on MCCONNELL—cleverly, maybe cyni- promise immigration legislation that whether to move forward on Senator cally—designed a legislative cul-de-sac garnered two-thirds of this Chamber on SCOTT’s policing reform bill. from which no bill—no bill at all— immigration, no less. What do bills We are at a turning point in our Na- could emerge. And whether the bill that pass have in common? Bipartisan- tion’s history—a moment when Ameri- lacks 60 votes now or 60 votes in a few ship, sponsorship, and support. What cans of every background and political days, we know the Republican leader does this bill have? Only partisan sup- persuasion are united in a call for will accuse Democrats of filibustering port. Not a single Democrat supports change. We have a chance to give it to and claiming we are the opponents of this bill, their bill. them. Over the course of the next cou- progress, as he did this morning. While I certainly feel obligated to ple of weeks, we will have a chance to Please, does anyone believe that point out the contradictions and hy- pass legislation that will permanently Democrats are the obstacles to reform- pocrisy in the Republican leader’s reform policing in this country—legis- ing our police departments? Does any- statements and history, I am not dis- lation that will improve training, in- one believe that? We announced a mayed by the likely failure of the Re- crease accountability, and give in- much bolder, stronger, better, more ef- publican bill today. All is not lost. creased security to families who worry fective bill 3 weeks ago. And, unlike There is a better path and one we that their sons or daughters could be the Republican legislation, the Justice should take once this bill fails to go the next George Floyd or Breonna Tay- in Policing Act will actually pass a forward. lor. Senator SCOTT’s legislation, the Chamber of Congress. When it passes After this bill goes down, there Just and Unifying Solutions to Invig- the House, the Nation is going to say should be bipartisan discussions with orate Communities Everywhere Act, or to Leader MCCONNELL: Get something the object of coming together around a the JUSTICE Act, is a product of years moving in the Senate. And Leader constructive starting point for police of serious work. It is an extensive bill MCCONNELL knows, and everyone in reform. Leader MCCONNELL can pick a that focuses on a number of areas that this body knows, that you have to do few of his Members as negotiators. I call for reform. that in a bipartisan way. That is how could designate a few from our caucus. Make no mistake about it. When the the Senate has always worked and still They can sit down, talk to one another, Democrats vote today, if they do—and, does. and find a bill that we are ready to I hope, there will be enough of them

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.005 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3166 CONGRESSIONAL RECORD — SENATE June 24, 2020 who will not, so as to allow this legis- doors and negotiate this? Look, we ter Scott Notification Act, which lation to move forward—they will be have a piece of legislation that rep- would correct deficiencies in law en- voting to block police reform legisla- resents 75 percent of what the Demo- forcement’s reporting of use-of-force tion, because that is what this is. This crats say they want, and we can finish incidents. Right now, the FBI’s Na- is not Senator MCCONNELL’s bill. The the other 25 percent. Maybe we will not tional Use-of-Force Data Collection Democratic leader kept attacking Sen- get to 100 percent. Nobody ever, usu- only receives data on about 40 percent ator MCCONNELL and the McConnell ally, gets 100 percent of what one wants of law enforcement officers—40 per- legislation. This is a TIM SCOTT bill, around here. Yet simply having a de- cent. That needs to change. The only crafted with input from other Sen- bate, allowing an open amendment way we can understand the scope of the ators, with input from communities of process, and allowing the will of the problems we are facing is to have full color from across this country, and U.S. Senate to be heard is all this is and accurate data—a complete data with input from the law enforcement about. This isn’t about the final bill. picture—that will allow us to pinpoint community—people who care deeply This isn’t about the final contents. problems, identify troubled police de- about not just talking about this issue This is about whether or not this partments, and develop best practices but about actually solving this issue, body—100 U.S. Senators—has listened for use-of-force and deescalation train- people who care about action. The enough to what is going on around this ing. Democratic objection and vote to block country to say: We want to have this There are many police departments this legislation from moving forward debate. We want to get on this bill, and across the Nation that are doing an ex- will prevent an open debate in front of we want to have it in public, in the cellent job of policing and that are the entire American public about an light of day, in front of the American keenly interested in becoming still bet- issue that has generated a tremendous people, not behind closed doors—an ter. I recently met with law enforce- amount of controversy, not only cur- open debate, a fulsome debate, in which ment leaders back in my home State of rently but throughout our Nation’s his- amendments can be offered and in South Dakota. Among other things, tory. which the American people can observe they have been participating in listen- We cannot change our past—there and see it. That is what this vote today ing sessions with the community since are parts of it that we are not proud is about. George Floyd’s death, and they are of—but we can change our future, and Now, the Democrats will say that, if supportive of new measures that will that could start today with this vote to you allow us to get on the bill, then help to ensure that every officer does get on this bill and then to have an they will have no control over what his or her job in the best possible way. open process. will happen after that. Well, actually, Yet, while there are a lot of excellent The leader has promised that, if we they will, because it is not just a 60- police departments out there, there are can get on this bill, we will have an vote threshold to get on the bill; it is also troubled departments—depart- amendment process. If there are things a 60-vote threshold to get off the bill. ments that fail to train their officers in the bill that people on either side of So, if you want to stop this some- properly and that overlook officer mis- the aisle think can be improved on, where—anywhere in the process—you behavior. We need to identify those de- they will have an opportunity to offer will have the opportunity to do that partments and demand their reform. amendments to make those improve- because it will take 60 votes to move it Collecting full and accurate data on ments. Yet, by not even getting on the forward and to ultimately pass it, not use-of-force incidents will help us to do bill, they will be saying to the Amer- just to get on it. just that. ican people that we don’t care about It takes 60 votes—a supermajority Another important section of the your having a voice in this process or here in the U.S. Senate. I think it is JUSTICE Act focuses on police deesca- being able to see what your elected fair to say that, historically, the way lation and duty-to-intervene training. leaders are actually doing to resolve the Senate has worked on major pieces Sometimes police end up using force in this problem in our country. of legislation is it ends up being bipar- situations in which force could have That is what this would do. It would tisan because of the 60-vote threshold. been avoided simply because they lack open it up. It would allow a piece of There hasn’t been a time since the pop- the necessary training to deescalate a legislation to be brought to the floor; ular election of Senators, at least on situation without the use of force. It allow for a motion to proceed to get on the Republican side, when we have had may be understandable that well-mean- it; allow us to open up the amendment more than 55 votes in the U.S. Senate. ing but overwhelmed police officers process and to have a freewheeling, ful- The Democrats have had 60 a few times who are in dangerous circumstances some debate about each and every one throughout history, but the Repub- will sometimes resort to the use of of the issues that is involved in this licans have never had more than 55. So force too quickly, but that is not a sit- legislation. we know it is going to take a bipar- uation that we can accept. Every police They have said that this doesn’t go tisan solution, and we know that the officer in this country should be given far enough, that it doesn’t do this or Democrats’ voice matters. We know the kind of training that will ensure that it doesn’t do that. Sure, that is that, in the end, if you are going to that the use of force is restricted only true. Perhaps, it doesn’t, but it gets have a bipartisan product, you are to those situations in which it is abso- about 75 percent of the way there. If going to have to have input from both lutely needed. you look at the contents and the sub- sides. Another key area of the bill—one stance of this bill, it represents a lot of That is what this is about. It is about that is absolutely essential to getting what both sides have been talking getting on the bill that has been ad- bad cops off the streets—deals with law about. There are a lot of recommenda- vanced and put forward by an indi- enforcement records retention. Too tions in it that have come forward vidual, TIM SCOTT—it is a TIM SCOTT often, law enforcement officers with from people across this country who bill—again, with input from others. It problematic records, like multiple ex- have been directly impacted, none is not a McConnell bill. It is a TIM cessive use-of-force complaints, man- more so than Senator SCOTT. I can tell SCOTT bill. He is someone who has per- age to transfer to new jurisdictions be- you Senator SCOTT doesn’t view this as sonally experienced and felt the very cause the hiring police departments a messaging exercise. He views this as frustration and anger that is being never see their full records. That is a something that is deeply personal to voiced by the American people across problem. Bad cops should not be able to him. Unfortunately, he has experienced the country. He wants a solution. He find new homes in other jurisdictions. the pain of racism, not only as a young doesn’t want a messaging bill. We want We can prevent that from happening by boy, growing up in the South, but as an a solution. ensuring that every police department adult and as a U.S. Senator. He wants Let me just tell you quickly about a is able to access the full disciplinary a solution, and we should all want a so- few of the things that are in this bill, record of any officer it is looking to lution, but that starts by getting on which I think suggest that it would be hire. the bill and debating it in the open, in really important to get on it and to, at The JUSTICE Act would help to the light of day. least, have a debate. make sure these records are readily The Democratic leader talks about: One of the most important sections available by requiring police depart- Why can’t we go back behind closed of the bill is the George Floyd and Wal- ments to keep officers’ records for at

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You is those same civil rights that we There are a lot of other important can, and we have, done things like we should be upholding today, upholding measures in the JUSTICE Act, from did with COVID, where we get a bipar- those rights—making sure that there is the funding of body cameras to expand- tisan group of members together to dis- not police brutality. That is what the ing minority hiring, to developing best cuss legislation and put something be- U.S. Department of Justice is supposed policing practices. With this legisla- fore Congress. Or you could bring up a to do. It is supposed to fight to uphold tion, we have a real chance of improv- bipartisan bill on the Senate floor. But those rights. But we know we have a ing policing in this country and of en- that is not what is happening. That is problem because President Trump and suring that every officer is held to the not what is happening. Attorney General Barr have repeatedly highest standards. What is happening is a predetermined abdicated those responsibilities, have Our ability to do that is going to de- process to get a bill that is not good failed to uphold those civil rights. Be- pend on one thing, and that is the will- enough for the American people. Vot- cause as the top law enforcement offi- ingness of the Democrats to come to ing yes is just an attempt to dictate a cer in the land, Attorney General Barr the table. It was disheartening to see weak outcome when what America could be directing and supervising U.S. the Democrats dismiss Senator SCOTT’s wants more than anything else is jus- attorneys and prosecuting those Fed- bill before it had even been released, tice. They want justice, guaranteed by eral crimes as violations of civil rights. especially because, as I said, many of a strong Federal response. Leader Well, I know that that is what Presi- dent Obama did. I know that he worked the proposals in the bill have been MCCONNELL said, in talking about the hard to make sure the U.S. DOJ Civil taken directly from earlier bipartisan Republican efforts, ‘‘it would encour- Rights Division oversaw pattern and bills. The word, of course, today, is age smart reforms of law enforcement practices of police abuses and entered a that they are planning to block the bill without steamrolling states and local number of consent decrees with major without even allowing it to be consid- communities’ constitutional powers.’’ cities, including in my State. Yes, the ered on the floor. Elsewhere, he said Democrats want to Attorney General is supposed to uphold The Democrats have spent a lot of overreach, ‘‘Federalize all of the the Fourth Amendment protections time talking about police reform, but issues.’’ against unreasonable seizure and the if they want to actually achieve reform Well, with all due respect to the ma- civil rights laws that protect against and not just talk about it, they are jority leader, it is called the Federal excessive use of force. But that is not going to have to decide to move beyond Civil Rights Act for a reason. It wasn’t what is happening. Under the Trump politics. Senator SCOTT’s bill is a seri- right to deny Rosa Parks a seat on a administration and Attorney General ous, wide-ranging bill. It is a common- bus when she was fighting for her Con- Barr, the U.S. Department of Justice sense bill. It is a bill that all of us, stitutional rights. It wasn’t right to Civil Rights Division police practice whichever our party, should be willing deny African Americans access to ho- group has been reduced to half. It has to agree on. tels or lunch counters when they were not opened a major pattern or practice As I said, the Democrats have fighting for their civil rights. It wasn’t investigation, and Trump and his ad- changes they would like to make, and right to use police dogs on Black ministration have been pulling away the leader has made it clear there will women trying to register to vote in from this important role. It started be an opportunity for amendments. But 1964 in Mississippi when they were with Jeff Sessions. Jeff Sessions made to refuse even to allow debate on this fighting for their voting rights. I guar- it harder to reach consent decrees with bill suggests the Democrats are more antee you, it is not good enough and cities. So instead of playing the Fed- interested in attempting to score polit- would not be good enough to give them eral role that we are supposed to play, ical points on this issue rather than to 75 percent here. Rosa Parks was not we have an administration that is ena- actually do anything about reform. I looking for 75 percent; she was looking bling bad practices to continue by not hope that what we are hearing about for someone to uphold her rights. stopping them. the Democrats’ plans to block this bill I spoke last night with one of my So, yes, there is a Federal role, there is wrong. I hope—I really, sincerely, constituents, Stan Barer, who worked is a Federal role here today, just as hope—that we are going to see the for Senator Warren Magnuson. As a there is with voting rights, just as Democrats—some courageous ones— staffer, he drafted the Accommodations there is with access to public places, come to the table and vote to move for- Clause of the Civil Rights Act of 1964 as just as there is with education and ward with debate on this legislation. one of his first jobs on the Senate Com- fighting discrimination. In fact, I think We have a chance to do something merce Committee. Can you imagine that is the central question of this de- important here—a historic chance. coming to the U.S. Senate as a young bate. Are we going to have a strong With the JUSTICE Act, we can perma- lawyer and getting a job on the Com- Federal role in protecting the Con- nently improve policing in this country merce Committee and the first thing stitutional rights of all Americans to and bring real hope to those who have you have to do is draft the Accom- prevent excessive force by police? It is lost faith in law enforcement, but we modations Clause of the Civil Rights pretty basic. We want to see a law that are going to have to stand together to Act of 1964? says that choke holds should be get this done. I urge my colleagues to I can tell you what he told me. He banned. We are not looking for 75 per- vote, in a few minutes, to move for- said: Advocates then tried to minimize cent, we are not looking for study and ward on the JUSTICE Act and start the the Federal role. That is what we are analysis, we are looking to protect the process of reform. hearing today, minimize the Federal Constitutional rights of all Americans. I yield the floor. role. Where would we be if President So it is no surprise that the NAACP The PRESIDING OFFICER. The Sen- Kennedy had taken that approach? He and Urban League have said that this ator from Washington. fought for equal protection under the legislation that our colleagues have Ms. CANTWELL. Madam President, I law for access to education and to end proposed on the other side of the aisle come to the floor to talk about the discrimination and segregation when does not meet the moment to end ra- civil rights of all Americans and ask Southern Governors wouldn’t do so. cial justice. I ask my colleagues, when my colleagues to vote for a process There is a Federal role in protecting are we going to? Maybe the informa- today that will lead to laws that will the civil liberties of all Americans, and tion age has laid bare for us and all our protect those civil rights. Unfortu- we should not be abdicating it today eyes to see that this problem has to be nately, the motion to proceed to pre- with this vote. resolved. determined legislation is just a pre- Congress passed the Civil Rights Act Are we going to uphold the Fourth determined outcome for a weak bill. of 1871 after the Civil War when Black Amendment rights against unreason- There is no agreement today by the Americans faced violence from the able seizure and the civil rights pro- majority leader and the minority lead- KKK and White supremacists in South- tecting against excessive use of force

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.008 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3168 CONGRESSIONAL RECORD — SENATE June 24, 2020 by police? Are we going to uphold the tially devastating impact and to seek have seen the devastation of racism, rights of all Americans, or just some reform peacefully; that in the long discrimination, a lack of equality, prej- Americans? I would say to my col- term, that was the better approach. My udice. As the son of two public school leagues, if we are not upholding all the father had me read that letter. I gave a teachers, I saw how it weighed on my Americans’ rights, then we aren’t real- speech a couple years ago, and I quoted parents during that time. All they ly upholding America’s civil rights. We from that letter. It meant something wanted was for every child to be treat- have to ask ourselves, what moment to me as a young White man in the ed equally, regardless of where they are we living in when somebody thinks Deep South. came from, what their name was, or 75 percent is enough, and it is study Almost 57 years ago, on the other end the color of their skin. and analysis, when we are talking of the National Mall from where we Understand, I grew up in a military about protecting the rights of all stand today, Dr. Martin Luther King, town, and we had people there from all Americans? Jr., I believe, changed the world—cer- over the world. So this wasn’t an idle My mom has been ill and so I’ve been tainly impacted millions of lives. conversation; this was an objective spending a lot of time with her talking Standing before thousands of people, they tried to live up to every single about family history, talking about he shared his dream. He dreamed of a day. They wanted every child to have this moment in our history, and she world where justice would prevail over the same simple opportunity. told me a story of how she was a young prejudice. He dreamed of an America As superintendent of schools in our girl. She was born in 1932, so you can where everyone would be judged not by county, my father successfully inte- imagine the era that she lived through. the color of their skin but by the depth grated our school system—I remember But she told me when her older brother of their character. that as a young kid—one of the first got to go to school, she got to stay Since that day in 1963, a lot has counties to do that in our State. They home and ride his tricycle, so she changed in our country for the better. did it there without incident. It was a thought that was the best. You know, Unfortunately, Dr. King’s vision of ra- military town. We had people, again, he started kindergarten, she could ride cial justice, harmony, and equality is from all over the world, and it was a yet to be fully realized. That is unac- his tricycle up and down the alley. And joint effort. My dad did not do it be- ceptable. she met a woman, an African-American cause it was the easy thing to do, the This year, our country is seeing dev- convenient thing to do; he did it be- woman, who became her friend—her astating tragedies taking place in our cause it was the right thing to do. first real friend as a young child. communities, but what we see on TV And she got to know that woman so In my own life, I have been blessed to really is the tip of the iceberg, as a lot well that my grandparents, in the have interacted with people from all of my friends from those communities neighboring building, helped with an over the world in my career. My home- tell me. I believe them. town of Warner Robins is a military election and saw that people were lin- We need to make sure that the funda- ing up to vote. White people were al- mental issue of fairness is upheld by all town. I went to school there, went to lowed to come into the building and be law enforcement agencies so everyone church there, and played ball there warm, but the African-American people gets treated equally, fairly, period. The with people literally from all over the had to stay outside in the cold and tragedies we have seen are unaccept- world. Later on, my wife Bonnie and I wouldn’t be allowed to come into the able by any measure, and I don’t think had the opportunity to live around the building to vote, a great discourage- anybody in America thinks that what world in different places. This chal- ment. Thank God my grandfather went we have seen is right. Those who are lenged our perspective in many ways. out and built a bonfire and then left to responsible need to be prosecuted to It helped us develop a deeper apprecia- go to work. the fullest extent of the law, and we tion of how America’s diversity is at But when you look at the history of need to put a full stop to it right now. once our greatest asset and, yes, some- our country—and we still see voter But that fight starts today, I believe, times our greatest challenge. suppression issues today—that is why here in the U.S. Senate. However, I also recognize that as a we have to ask ourselves the funda- Like so many Americans, my wife White man, my perspective is by defi- mental question. When it comes to the Bonnie and I have spent a lot of time nition very different from those of Af- civil rights of Americans, a report, 75 reflecting and praying for our country rican Americans in my own commu- percent, is not enough. A clear line and our friends and our fellow Ameri- nity. We have these conversations all ending excessive abuse and declaring cans in the last many weeks. It is clear the time. I know I could never fully ap- choke holds illegal is where we need to to us that we have more work to do to preciate the pain and adversity many be. make justice for all become a reality African Americans have faced in my I ask my colleagues to turn down for every American. lifetime and still face today. That is this measure on a weak, predetermined We are a nation of laws, but those wrong. We can fix that starting today path and get a real bipartisan effort laws have to be enforced fairly and or at least start down that road again. and uphold the civil liberties of Ameri- equally. To truly be effective, the po- Yes, we have made a lot of progress— cans because, I guarantee you, America lice need to have the confidence of the I can see that in my own lifetime—but really is watching. communities they serve, and in many that is no reason to ignore the situa- I yield the floor. cases today, that is just not the case. tion today or to sit back and not do The PRESIDING OFFICER (Mr. That trust and confidence must be anything. However, as Dr. King said at SASSE). The Senator from Georgia. earned, however. Clearly, there is much the Lincoln Memorial, we will ‘‘not be Mr. PERDUE. Mr. President, I stand work to do on this front to build up satisfied until justice rolls down like before this body today with a troubled mutual trust. water and righteousness like a mighty heart, as most of us do, but that is not I had a conversation with two grand- stream.’’ good enough. We have to kind of put mothers last week—well-educated, suc- Right now, the Senate has the oppor- away our own biases, our own preju- cessful women of color, in positions of tunity to fight for justice for all. dice. I am not talking about racial; I tremendous responsibility—and we Today we will be voting to—it is a am talking about political. talked about how their perspective and technicality, but it is a motion to pro- Today we have an opportunity to do my perspective differed and how we ceed. This is nothing more than to just something, to start a process. Words saw each other in this crisis. But the start on the bill. are cheap in this body. I hear a lot of most telling thing in that conversation I hear my Democratic colleagues empty words. I hope not to add to that was how they told me their No. 1 con- talking about, well, it is not perfect; it quantity today. cern was for their grandsons and how is only 75 percent of the solution. Well, When I was a kid growing up in the their grandsons would be treated by OK. Great. Let’s start there. The pur- Deep South, Martin Luther King wrote members of the police force in their pose of a motion to proceed is to put a a letter from a jail cell in Birmingham communities. That is a tragedy, and we bill on the floor and actually debate it, to Black preachers in that community. can do something about it. have amendments. This bill is not per- He encouraged them to turn away from This issue is personal to me. Growing fect. It doesn’t satisfy all the things I the violence that had such a poten- up in middle Georgia in the 1960s, I want to do. But it is a start. I plan to

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.002 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE June 24, 2020 CONGRESSIONAL RECORD — SENATE S3169 offer amendments. I am sure the Pre- solutions that all of us can get behind get a debate going with the other siding Officer wants to offer amend- right now. side—they turned it down out of hand ments. We welcome amendments in In addition to modifying the rules because it was President Trump’s sug- this process. The majority leader has concerning the use of force and pro- gestion. said we will have an open amendment viding body cams, this bill does several All of us need to remember that process. What we want to do is offer up critical things to establish that trust while we look different, we might talk this as a starting point, not a final so- and provide additional funding to help differently, we certainly may think dif- lution. improve our police forces. ferently, we really are one Nation Today we will have the vote on First, it incentivizes police recruit- under God. whether to start actually working on ing to reflect the demographics of the Our diversity is our strength. It the JUSTICE Act. Senator TIM SCOTT communities they serve. How simple is makes us different. It makes us strong- has led a small task force to come up that? This is a big step. If the police er. It makes us the leader of the world with the starting point—a bill that we live in the communities they serve, if in our current time. What unites us is can actually put our hands on, read, they reflect the demographics of that far greater than what divides us. and then start changing. I am proud to community, if they identify with the Let’s work on this bill today and be a cosponsor. We have many cospon- people of that community, it is a lot start building a more perfect union for sors. I think that we will probably have easier to develop trust and common every American. Let’s vote yes on this a unanimous vote on that on the Re- ground. motion to proceed. publican side today. My prayer is that Second, this bill encourages deescala- I yield the floor. we will have many on the Democratic tion training for law enforcement offi- I suggest the absence of a quorum. side say: Look, we understand it is not cers. This will help law enforcement The PRESIDING OFFICER. The perfect. We want this. We want that. develop the skills and techniques they clerk will call the roll. Let’s put in the work, and let’s start need to prevent public interactions The legislative clerk proceeded to working on this now. It should be a that lead to the violence we have seen call the roll. foregone conclusion that we get over- of late. Mr. SCOTT of South Carolina. Mr. whelming bipartisan support to debate Third, this bill creates a database President, I ask unanimous consent the bill. Let’s make it a good law. If it that helps our communities root out that the order for the quorum call be is not to your satisfaction, fine. Let’s those who do not serve the public even rescinded. debate it. though they are enforcing law. The PRESIDING OFFICER. Without Some say: Well, we don’t trust the The bottom line is that the bill in- objection, it is so ordered. majority leader. creases funding for law enforcement. It The Senator from South Carolina. You don’t have to trust the majority doesn’t defend law enforcement or Mr. SCOTT of South Carolina. Mr. leader. The rules of the Senate protect eliminate the police force. President, I ask unanimous consent to each individual Senator once we put These solutions we are offering up as complete my remarks before the roll- the bill in play. But if we don’t put the a starting point today are meaningful. call vote. bill on the floor, nobody is protected— They will restore the confidence of our The PRESIDING OFFICER. Without especially our constituents. communities and hold accountable po- objection, it is so ordered. Unfortunately, many of my col- lice officers who abuse their positions THE JUSTICE ACT leagues on the other side are attempt- or who are poorly trained. Mr. SCOTT of South Carolina. Mr. ing to shut down this debate before we Most of us who truly want change President, we come here today with an even start. They say it doesn’t go far also understand that eliminating police opportunity to say to America and spe- enough. They call it a token. That is forces is not the answer, as some sug- cifically to communities of color: We absurd. That is ridiculous. It is insult- gest. Our police forces are to serve and see you. We hear you. I have experi- ing, particularly to my good friend TIM protect our communities—all of our enced your pain. SCOTT. communities—and there needs to be I have been stopped 18 times in the Look, none of us believes this bill is change before they can be successful in last two decades, and 1 year, I was perfect or an end-all as it is. As I just that. stopped seven times, as an elected offi- said, we have differences on this side, We have proven in the past that we cial in this body, trying to get into the but we are willing to put it on the can come together to fight for what is Chamber and into the office buildings floor. We have allowed the Democrats right. We did when we provided perma- on the congressional side. to do things like this where we went on nent funding for our HBCUs, our his- I understand some part of what too the floor and tried to debate a bill to torically Black colleges and univer- many have experienced. This police re- get it to where—if you don’t like what sities. We did it when we created oppor- form legislation addresses that. It pro- we end up with, you can always vote it tunity zones in hundreds of commu- vides clear opportunities for us to say: down at cloture. You don’t have to nities of color around the country, Not only do we hear you, not only do even go to the final vote. many of them economically chal- we see you, but we are responding to All we are pleading for today is a mo- lenged. In 2018, when we passed the bi- your pain, because we in America be- tion to proceed to allow this bill to go partisan criminal justice reform bill— lieve that justice should be applied on the floor and be fully debated. It is the biggest one in the last 50 years— equally to all of our citizens, with no simply a starting point for debate and that was true progress. We did it. We exceptions, and when we see excep- true compromise. Isn’t that what our can do it again today, but first we have tions, it is our responsibility to do job is? Isn’t that what we are supposed to put this bill on the floor. We have to something about those exceptions, and to do? start the debate. We have to pass this this legislation helps us get there. I ask my Democratic colleagues this: motion to proceed, or—guess what—no I say to my colleagues on the other What major bill has come before this debate will happen. They will talk to side, we received a letter from Senator body in perfect form at the very out- their base, Republicans will talk to our SCHUMER saying that there were five set? I can’t think of any. If you have base, and nothing will happen. A pox things about the JUSTICE Act that did issues with this bill, let’s debate it and on all of us if we let that happen. not meet their principles. My response offer amendments. Don’t let perfect be If Democrats shut down this bill was a simple one: Let’s have five the enemy of the good, please. today, it will demonstrate a lack of amendments on those things. If we can On major issues like this, it is our sincerity, in my opinion, to at least en- get the votes on these two sides of the duty to come together. It is our duty to gage in finding solutions. This is no Chamber, we should include that in the find common ground. It is our duty to different from the immigration con- legislation. fight for what is right. versation we had just a couple years I met with other Senators on the This bill offers meaningful solutions ago. When the President of the United other side who said that there are more that will help build trust between law States, Donald Trump, offered up a than five things that we need to have a enforcement and the communities they pathway to citizenship for 1.8 million conversation about. I said: Let’s in- serve. These are just ideas. It provides DACA recipients and we couldn’t even clude an amendment for every single

VerDate Sep 11 2014 01:41 Jun 25, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.010 S24JNPT1 SSpencer on DSK126QN23PROD with SENATE S3170 CONGRESSIONAL RECORD — SENATE June 24, 2020 issue you have. They did not stick NAYS—48 Portman Sasse Tillis Risch Scott (FL) Toomey around for that meeting. Baldwin Harris Reed Roberts Scott (SC) Wicker Bennet Hassan Rosen My concern is that 80 percent just Romney Shelby Blumenthal Heinrich Sanders Young Rounds Sullivan won’t do. My concern is that our Booker Hirono Schatz Rubio Thune friends on the other side will not take Brown Jones Schumer advantage of this opportunity to say to Cantwell Kaine Shaheen NAYS—45 Cardin King Sinema Baldwin Harris Rosen the communities that are suffering: We Carper Klobuchar Smith Bennet Hassan Sanders see you. We hear you. We are willing to Casey Leahy Stabenow Blumenthal Heinrich Schatz Collins Manchin Tester respond as one body. Booker Hirono Schumer Coons Markey Udall Brown Kaine Shaheen I implore all of us to vote for the mo- Cortez Masto Menendez Van Hollen Cantwell Klobuchar Sinema tion to proceed so that if there are rec- Duckworth Merkley Warner Cardin Leahy Smith Durbin Murphy Warren ommendations that come in the form Carper Markey Stabenow Feinstein Murray Whitehouse of amendments, we have a vote up or Casey McConnell Tester Gillibrand Peters Wyden down on those amendments. I have of- Coons Menendez Udall fered as many amendments as nec- The nomination was confirmed. Cortez Masto Merkley Van Hollen The PRESIDING OFFICER (Mrs. Duckworth Murphy Warner essary for this bill to be seen by the Durbin Murray Warren public, and, in consultation with the HYDE-SMITH). Under the previous order, Feinstein Peters Whitehouse other side, let it be their bill—not TIM the motion to reconsider is considered Gillibrand Reed Wyden SCOTT’s bill, not the Republican bill, made and laid upon the table, and the The PRESIDING OFFICER. On this not the Democrat bill, but a bill that President will be immediately notified vote, the yeas are 55, the nays are 45. starts to address the issues that have of the Senate’s action. Three-fifths of the Senators duly cho- plagued this Nation for decades. sen and sworn not having voted in the f This is not my first start at this leg- affirmative, the motion is rejected. The majority leader. islation. I started on this bill 5 years CLOTURE MOTION ago, but I could not find voices that MOTION TO RECONSIDER The PRESIDING OFFICER. Pursuant would push forward reforms brought to Mr. MCCONNELL. Mr. President, I to rule XXII, the Chair lays before the our attention by the Walter Scott enter a motion to reconsider the vote. Senate the pending cloture motion, shooting in 2013. The PRESIDING OFFICER. The mo- which the clerk will state. I will close with this: I respect people tion is entered. The senior assistant legislative clerk The majority leader. with whom I disagree. They have the read as follows: right to disagree. My pastor tells me I Mr. MCCONNELL. Mr. President, I CLOTURE MOTION have the right to be wrong, which want to explain the reason I changed to means I am not right all the time. But We, the undersigned Senators, in accord- no. ance with the provisions of rule XXII of the I am in strong support of the bill on this bill, if you don’t think we are Standing Rules of the Senate, do hereby that has been crafted by the Senator right, make it better. Don’t walk away. move to bring to a close debate on the mo- from South Carolina. In order to have Vote for the motion to proceed so that tion to proceed to Calendar No. 480, S. 3985, an opportunity to reconsider the vote we have an opportunity to deal with a bill to improve and reform policing prac- without waiting for 2 days, I changed this very real threat to the America tices, accountability, and transparency. my vote and moved to reconsider, that is civil, that is balanced. This is Mitch McConnell, Cory Gardner, Ben which means that it could come back an opportunity to say yes—to say yes Sasse, Steve Daines, Rob Portman, at any time should progress be made. not to us but to those folks who are John Cornyn, David Perdue, Joni Ernst, James Lankford, Roger F. f waiting for our leadership to stand and Wicker, Mike Crapo, Thom Tillis, Todd be counted. Young, Michael B. Enzi, John Hoeven, LEGISLATIVE SESSION VOTE ON WILSON NOMINATION Tim Scott, Lindsey Graham. The PRESIDING OFFICER. Under The PRESIDING OFFICER. By unan- MORNING BUSINESS the previous order, all postcloture time imous consent, the mandatory quorum Mr. MCCONNELL. Mr. President, I has expired. call has been waived. The question is, Is it the sense of the ask unanimous consent that the Sen- The question is, Will the Senate ad- ate proceed to legislative session for a vise and consent to the Wilson nomina- Senate that debate on the motion to proceed to S. 3985, a bill to improve and period of morning business, with Sen- tion? ators permitted to speak therein for up Mr. LEE. I call for the yeas and nays. reform policing practices, account- ability and transparency, shall be to 10 minutes each. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without sufficient second? brought to a close? The yeas and nays are mandatory objection, it is so ordered. There appears to be a sufficient sec- under the rule. f ond. The clerk will call the roll. NATIONAL DEFENSE AUTHORIZA- The clerk will call the roll. The senior assistant legislative clerk TION ACT FOR FISCAL YEAR The legislative clerk called the roll. called the roll. 2021—Motion to Proceed The result was announced—yeas 52, The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, I nays 48, as follows: LANKFORD). Are there any other Sen- move to proceed to Calendar No. 483, S. [Rollcall Vote No. 125 Ex.] ators in the Chamber desiring to vote 4049. YEAS—52 or change their vote? The PRESIDING OFFICER. The The yeas and nays resulted—yeas 55, Alexander Gardner Portman clerk will report the motion. Barrasso Graham Risch nays 45, as follows: The senior assistant legislative clerk Blackburn Grassley Roberts [Rollcall Vote No. 126 Ex.] read as follows: Blunt Hawley Romney YEAS—55 Motion to proceed to Calendar No. 483, S. Boozman Hoeven Rounds Braun Hyde-Smith Rubio Alexander Crapo Johnson 4049, to authorize appropriations for fiscal Burr Inhofe Sasse Barrasso Cruz Jones year 2021 for military activities of the De- Capito Johnson Scott (FL) Blackburn Daines Kennedy partment of Defense, for military construc- Cassidy Kennedy Blunt Enzi King Scott (SC) tion, and for defense activities of the Depart- Cornyn Lankford Boozman Ernst Lankford Shelby ment of Energy, to prescribe military per- Cotton Lee Braun Fischer Lee Sullivan Cramer Loeffler Burr Gardner Loeffler sonnel strengths for such fiscal year, and for Crapo McConnell Thune Capito Graham Manchin other purposes. Cruz McSally Tillis Cassidy Grassley McSally CLOTURE MOTION Toomey Daines Moran Collins Hawley Moran Mr. MCCONNELL. Mr. President, I Enzi Murkowski Wicker Cornyn Hoeven Murkowski Ernst Paul Young Cotton Hyde-Smith Paul send a cloture motion to the desk for Fischer Perdue Cramer Inhofe Perdue the motion to proceed.

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