House Record, May 15, 2020 — Congressional Record
Summary
Page H2007 of the Congressional Record for Friday, May 15, 2020, Volume 166, No. 92, headed House Record. The Senate was not in session, with its next meeting set for May 18, 2020 at 3 p.m., and the House met at 9 a.m. under the Speaker pro tempore, Ms. DeGette. A message from Robert F. Reeves, Deputy Clerk, lists bills the Senate passed, including S. 2746, S. 3434, S. 3607 and S. 3744. Text establishes a process for designating proxies by signed letter, a recorded vote list follows, and the House stood in recess at 12:31 p.m.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“House Record, May 15, 2020 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-15-crec-2020-05-15-pt1-pgh2007-7-8d9f18aa4d/
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, FRIDAY, MAY 15, 2020 No. 92
Senate
The Senate was not in session today. Its next meeting will be held on Monday, May 18, 2020, at 3 p.m.
House of Representatives
FRIDAY, MAY 15, 2020
The House met at 9 a.m. and was May everything done today be for That the Senate passed S. 2746.
called to order by the Speaker pro tem- Your greater honor and glory. That the Senate passed S. 3434.
That the Senate passed S. 3607.
pore (Ms. DEGETTE). Amen. That the Senate passed S. 3744.
f f With best wishes, I am,
Sincerely,
DESIGNATION OF THE SPEAKER THE JOURNAL ROBERT F. REEVES,
PRO TEMPORE The SPEAKER pro tempore. Pursu- Deputy Clerk.
The SPEAKER pro tempore laid be- ant to section 7(a) of House Resolution f
fore the House the following commu- 891, the Journal of the last day’s pro-
nication from the Speaker: PROVIDING FOR CONSIDERATION
ceedings is approved. OF H. RES. 965, AUTHORIZING RE-
HOUSE OF REPRESENTATIVES, f
Washington, DC, May 15, 2020.
MOTE VOTING BY PROXY AND
I hereby appoint the Honorable DIANA PLEDGE OF ALLEGIANCE PROVIDING FOR OFFICIAL RE-
DEGETTE to act as Speaker pro tempore on MOTE COMMITTEE PROCEEDINGS
The SPEAKER pro tempore. Will the
this day. DURING A PUBLIC HEALTH
NANCY PELOSI, gentleman from Texas (Mr. BURGESS) EMERGENCY DUE TO A NOVEL
Speaker of the House of Representatives. come forward and lead the House in the CORONAVIRUS; PROVIDING FOR
f Pledge of Allegiance. CONSIDERATION OF H.R. 6800,
Mr. BURGESS led the Pledge of Alle-
PRAYER HEALTH AND ECONOMIC RECOV-
giance as follows: ERY OMNIBUS EMERGENCY SO-
The Chaplain, the Reverend Patrick I pledge allegiance to the Flag of the LUTIONS ACT; PROVIDING FOR
J. Conroy, offered the following prayer: United States of America, and to the Repub-
PROCEEDINGS DURING THE PE-
Compassionate and merciful God, lic for which it stands, one nation under God,
indivisible, with liberty and justice for all. RIOD FROM MAY 19, 2020,
thank You for giving us another day.
Send down Your spirit upon this THROUGH JULY 21, 2020; AND FOR
f
Chamber. May Your protective energy OTHER PURPOSES
banish all malicious elements, and COMMUNICATION FROM THE Mr. MCGOVERN. Madam Speaker, by
Your healing presence inspire the CLERK OF THE HOUSE direction of the Committee on Rules, I
Members of this people’s House to rec- The SPEAKER pro tempore laid be- call up House Resolution 967 and ask
ognize and accept the awesome respon- fore the House the following commu- for its immediate consideration.
sibility that is theirs in this difficult nication from the Clerk of the House of The Clerk read the resolution, as fol-
time. Representatives: lows:
Continue to bless all those whose life OFFICE OF THE CLERK, H. RES. 967
work is in bringing Your healing to all HOUSE OF REPRESENTATIVES, Resolved, That upon adoption of this reso-
those stricken by the coronavirus. Washington, DC, May 15, 2020. lution it shall be in order without interven-
Finally, on this Peace Officers Me- Hon. NANCY PELOSI, tion of any point of order to consider in the
morial Day, we give You thanks for the Speaker, House of Representatives, House the resolution (H. Res. 965) author-
men and women in blue who stand Washington, DC. izing remote voting by proxy in the House of
DEAR MADAM SPEAKER: Pursuant to the Representatives and providing for official re-
watch every day throughout our Na-
permission granted in Clause 2(h) of Rule II mote committee proceedings during a public
tion and for us here, at the Capitol. of the Rules of the U.S. House of Representa- health emergency due to a novel
May all Americans be inspired to simi- tives, the Clerk received the following mes- coronavirus, and for other purposes. The res-
larly be of service to one another, that sage from the Secretary of the Senate on olution shall be considered as read. The pre-
our commonweal might be guaranteed. May 15, 2020, at 8:16 a.m.: vious question shall be considered as ordered
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H2007
.
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H2008 CONGRESSIONAL RECORD — HOUSE May 15, 2020
on the resolution to adoption without inter- same day it is presented to the House is that has infected more than 1.4 million
vening motion or demand for division of the waived with respect to any resolution re- people in this country and has taken
question except one hour of debate equally ported through the legislative day of July 21, the lives of close to 90,000 Americans
divided and controlled by the chair and rank- 2020.
already; more than 20 million jobs lost
ing minority member of the Committee on The SPEAKER pro tempore. The gen-
Rules. in the last month; communities asked
tleman from Massachusetts is recog- to stay home; businesses closed; an un-
SEC. 2. Upon adoption of this resolution it
shall be in order to consider in the House nized for 1 hour. employment rate that stands at 14 per-
without intervention of any question of con- Mr. MCGOVERN. Madam Speaker, for cent and growing; lines for food banks
sideration the bill (H.R. 6800) making emer- the purpose of debate only, I yield the that stretch for miles; and first re-
gency supplemental appropriations for the customary 30 minutes to the gen- sponders working to the bone to save
fiscal year ending September 30, 2020, and for tleman from Oklahoma (Mr. COLE), lives.
other purposes. All points of order against pending which I yield myself such time
consideration of the bill are waived. The as I may consume. During consider- People are struggling, Madam Speak-
amendment printed in the report of the Com-
ation of this resolution, all time yield- er. We haven’t seen numbers like this
mittee on Rules accompanying this resolu- since the Great Depression. This situa-
tion shall be considered as adopted. The bill, ed is for the purpose of debate only.
tion demands a whole-of-government
as amended, shall be considered as read. All GENERAL LEAVE
response that matches the challenges
points of order against provisions in the bill, Mr. MCGOVERN. Madam Speaker, I that we face.
as amended, are waived. Clause 2(e) of rule ask unanimous consent that all Mem-
XXI shall not apply during consideration of bers be given 5 legislative days to re- I am proud that this Congress has
the bill. The previous question shall be con- vise and extend their remarks. come together on multiple bills that
sidered as ordered on the bill, as amended, provide trillions of dollars in emer-
The SPEAKER pro tempore. Is there
and on any further amendment thereto, to gency aid. We knew then that although
final passage without intervening motion ex- objection to the request of the gen-
tleman from Massachusetts? those bills were a large investment,
cept: (1) two hours of debate equally divided
and controlled by the chair and ranking mi- There was no objection. they were just the first step in our re-
nority member of the Committee on Appro- Mr. MCGOVERN. Madam Speaker, on sponse.
priations; and (2) one motion to recommit Thursday, yesterday, the Rules Com- This rule will allow for consideration
with or without instructions. mittee met and reported a rule, House of the HEROES Act, a comprehensive
SEC. 3. Until completion of proceedings en- Resolution 967, providing for consider- response to further help the American
abled by the first two sections of this resolu-
ation of H. Res. 965, authorizing remote people. This bill is named after the
tion—
(a) the Chair may decline to entertain any voting by proxy in the House of Rep- teachers, healthcare workers, and first
intervening motion (except as expressly pro- resentatives and providing for official responders who keep us all safe. It puts
vided herein), resolution, question, or notice; remote committee proceedings during these heroes front and center by pro-
and a public health emergency due to a viding more than $1 trillion for States
(b) the Chair may decline to entertain the novel coronavirus resolution; and H.R. and localities to give them the pay
question of consideration. 6800, the HEROES Act. that they have earned.
SEC. 4. On any legislative day during the Madam Speaker, the Rules Com-
period from May 19, 2020, through July 21, The bill also establishes a Heroes
2020—
mittee met for over 9 hours. While Fund totaling $200 billion so that the
(a) the Journal of the proceedings of the there are strong disagreements be- essential workers who have risked
previous day shall be considered as approved; tween Democrats and Republicans on their lives during this pandemic get
and these matters, I want to say that the the hazard pay that they deserve.
(b) the Chair may at any time declare the proceedings were civil, and I appreciate
House adjourned to meet at a date and time, that very much. There is another $75 billion for
within the limits of clause 4, section 5, arti- I want to thank the ranking member, coronavirus testing, treatment, and
cle I of the Constitution, to be announced by tracing.
Mr. COLE, for the tone that he set, not
the Chair in declaring the adjournment.
SEC. 5. The Speaker may appoint Members only yesterday, but in all of our hear- There is support here for workers,
to perform the duties of the Chair for the du- ings on issues where we have common renters, homeowners, and small busi-
ration of the period addressed by section 4 of ground and on issues where we dis- nesses.
this resolution as though under clause 8(a) of agree. This legislation also protects our de-
rule I. The rule provides for consideration of
SEC. 6. Each day during the period ad- mocracy by providing resources to en-
H. Res. 965 under a closed rule. It pro- sure safe Federal elections, an accurate
dressed by section 4 of this resolution shall
vides 1 hour of debate equally divided Census count, and a Postal Service
not constitute a calendar day for purposes of
section 7 of the War Powers Resolution (50
and controlled by the chair and rank- that can continue its vital work.
U.S.C. 1546). ing minority member of the Committee
on Rules and provides that upon adop- I am especially proud to see provi-
SEC. 7. Each day during the period ad-
dressed by section 4 of this resolution shall tion of the rule it shall be in order sions here to fight the growing hunger
not constitute a legislative day for purposes without intervention of any point of crisis in America. That includes many
of clause 7 of rule XIII. order to consider the resolution. of the ideas behind the bipartisan, bi-
SEC. 8. Each day during the period ad- The rule further provides for consid- cameral FEED Act, and a separate 15
dressed by section 4 of this resolution shall percent increase in the maximum ben-
eration of H.R. 6800 under a closed rule,
not constitute a calendar or legislative day efit under SNAP, our Nation’s premier
for purposes of clause 7(c)(1) of rule XXII. self-executes a manager’s amendment
from Chairwoman LOWEY, provides 2 antihunger program. More than 40 mil-
SEC. 9. Each day during the period ad-
dressed by section 4 of this resolution shall hours of debate equally divided and lion people relied on this program even
not constitute a legislative day for purposes controlled by the chair and ranking before this pandemic hit. So when peo-
of clause 7 of rule XV. minority member of the Committee on ple say they want to get back to nor-
SEC. 10. It shall be in order without inter- Appropriations, and one motion to re- mal, I want to get back to better than
vention of any point of order to consider con-
commit with or without instructions. normal because having 40 million peo-
current resolutions providing for adjourn- ple in this country hungry even before
ment during the month of July, 2020. The rule also provides that upon adop-
tion of the rule, it shall be in order to this pandemic is unconscionable. We
SEC. 11. It shall be in order at any time
through the calendar day of July 19, 2020, for consider the bill in the House without need to do better.
the Speaker to entertain motions that the intervention of any question of consid- Today, we see lines for food banks
House suspend the rules as though under eration. across the country that go for miles
clause 1 of rule XV. The Speaker or her des- Finally, the rule provides suspension and miles. Parking lots are so full at
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ignee shall consult with the Minority Leader authority through July 19, 2020, and some of these places that they look
or his designee on the designation of any
same-day authority and recess instruc- like some kind of gathering for a major
matter for consideration pursuant to this
section. tions both through July 21, 2020. sporting event. Instead, it is people
SEC. 12. The requirement of clause 6(a) of Madam Speaker, let me begin with a just trying to secure their next meal.
rule XIII for a two-thirds vote to consider a snapshot of what we are seeing in This is happening in the richest coun-
report from the Committee on Rules on the America today: a novel coronavirus try on the face of the Earth, a country
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2009
whose President, by the way, was try- believe these changes will fundamen- $3 trillion in spending;
ing to weaken SNAP and slash its ben- tally alter the nature of the institu- Nearly $10,000 for every American;
efits before COVID–19 hit. If he suc- tion, and not for the better. We must A controversial bailout of multiem-
ceeded, that would have thrown mil- never forget that the House is part of a ployer pension plans;
lions and millions of poor people off Congress—literally, a physical meeting Forgiving $10,000 of student loan debt
the program. between delegates. per person;
People are suffering, Madam Speak- When we move to acting remotely, Federalizing the national election
er. But just this week, Senate Majority we lose that fundamental aspect of our system;
character. We lose the opportunity to Changing credit scoring models and
Leader MITCH MCCONNELL called this
meet together, discuss ideas, discuss banning debt collection;
bill a messaging exercise. I don’t give a Requiring nationwide vote by mail
damn about sending a message, Madam legislation, and move forward together
on bills that shape our Nation. And we and same-day registration.
Speaker. I want to send help to those I could go on and on and on, but I
in desperate need. do so in a way that does not, in my
think everyone gets the picture. So
As we act on this bill today, we are view, pass constitutional muster.
much of what is in this bill simply has
also moving forward as part of this rule Madam Speaker, I urge my col-
nothing at all to do with the current
with temporary changes to ensure that leagues to reject these rules changes
crisis. It is more like a liberal Christ-
Congress can continue legislating today and return to the drawing board
mas card wish list.
throughout the COVID–19 pandemic. so that we can act together in a bipar- Madam Speaker, it would make more
That includes enabling virtual com- tisan manner to ensure that Congress sense, in my view, to just send it
mittee proceedings and remote voting can continue to operate during this cri- straight to Santa Clause than to send
on the House floor during this emer- sis. it to the United States Senate. It
gency. Not to be outdone with attempting to
would have a better chance of becom-
I don’t suggest these changes lightly. change the fundamental nature of the ing law that way.
I still believe that we do our best work House of Representatives, in today’s Madam Speaker, this doesn’t make
rule, the majority is proposing an enor- sense. If the majority actually wants
in person and side by side. But we must
mous bill that will fundamentally to help Americans, there are plenty of
temporarily embrace technology dur-
change the nature of our country. bipartisan ways to do so. We could be
ing this unprecedented time, the same H.R. 6800, which we saw for the first
way local governments and countries focusing our efforts on legislation to
time on Tuesday afternoon, is 1800 combat the pandemic, to get people
around the world have, so we can con- pages long. While we do not yet have a
tinue legislating as safely as possible. back to work, and to restore the econ-
CBO score, the majority is purporting omy, but instead we have been handed
b 0915 that the bill includes spending in ex- 1800 pages and over $3 trillion in Demo-
Madam Speaker, the status quo has cess of $3 trillion. And to make matters cratic priorities that they would be
become dangerous and unacceptable. worse, the bill was assembled with only pursuing regardless of the pandemic.
We must act. Let’s meet this moment. Democratic input. It is not a stretch to We can do better than that; and, frank-
Let’s honor our heroes, and let’s make say that this bill is nothing more than ly, Madam Speaker, recently, we have
sure that we can act throughout this Democratic policy agenda done better than that.
pandemic. masquerading as a response to the I remind my friends that we actually
Madam Speaker, I encourage all my coronavirus crisis. considered and passed, on a bipartisan
Madam Speaker, it goes without say- basis, four relief bills with almost no
colleagues to support this rule and the
ing that this bill is going nowhere, and partisan dissent. Those bills were nego-
underlying measure, and I reserve the
it is going nowhere fast. The Senate tiated before they ever arrived on the
balance of my time.
will not consider this bill. The Presi- floor of this body. We should return to
Mr. COLE. Madam Speaker, I thank
dent will not sign it into law. that method and that system. It yield-
the gentleman from Massachusetts Why we are wasting what precious
(Mr. MCGOVERN), my good friend, for ed real results for the American people.
little time that the Speaker is allowing What we have got today will not.
yielding me the customary 30 minutes, us to be assembled here at the Capitol
and I yield myself such time as I may Madam Speaker, I urge opposition to
on partisan policy priorities of one the rule, and I reserve the balance of
consume. party instead of working together in a
Madam Speaker, we are here today to my time.
bipartisan manner is beyond my under- Mr. MCGOVERN. Madam Speaker, H.
consider a rule that provides for con- standing.
sideration of two items. Res. 965 was mentioned, and some ques-
What is even more surprising is how tions were raised about constitutional
Today’s rule establishes a process for quickly the majority wants to move on issues.
consideration of H.R. 6800, what the a bill of this magnitude. Just 6 weeks Madam Speaker, we have consulted
majority is calling the HEROES Act, ago, Congress passed, and the President with several constitutional scholars:
but what is better described as an 1800- signed into law, the CARES Act, a bill Erwin Chemerinsky, the renowned con-
page, $3 trillion Democratic list of pol- that provided over $2.3 billion for stitutional expert and dean of the
icy priorities. coronavirus relief efforts. And just 2 Berkeley School of Law; Deborah
The rule proposes the most con- weeks ago, we passed another bipar- Pearlstein, constitutional law pro-
sequential change in the rules of the tisan bill that provided an additional fessor from Cardozo School of Law and
House of Representatives during my $500 billion in relief. Some of the former clerk to Supreme Court Justice
time in Congress. The change to the money from these two bills hasn’t even John Paul Stevens; Sai Prakkash, a
House rules covers two key areas: been spent yet. But now, Democrats constitutional law professor from the
First, it would impose, for the first are falling all over themselves to spend University of Virginia and former clerk
time in our history as an institution, a another $3 trillion on their own prior- to the late Supreme Court Justice
system of proxy voting on the floor of ities. It is simply astonishing. Antonin Scalia—all of whom have
the House of Representatives. That Let me be clear of one thing, Madam found that the House has the constitu-
change also allows for the adoption of Speaker: Republicans in the House, in tional authority to institute remote
totally remote voting upon the certifi- the Senate, and in the White House voting by proxy.
cation of a single Member of Congress, stand ready to work with Democrats to Madam Speaker, I yield 2 minutes to
Chairman LOFGREN, of a technology for pass another bipartisan coronavirus re- the distinguished gentlewoman from
that use. lief bill at the appropriate time and California (Ms. MATSUI), and also a
Second, it would also allow commit- after the normal give-and-take of seri- member of the Rules Committee.
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tees to operate remotely and approve ous negotiation. That bill, when it Ms. MATSUI. Madam Speaker, I rise
legislation remotely. comes, will be very different in scope today in support of the rule.
Madam Speaker, I said quite a bit and detail from what we are consid- The public health challenge this
about these rules changes at our com- ering here today. country faces is unprecedented in mod-
mittee meeting yesterday, and I con- Consider just a few of the provisions ern American life, and we have an obli-
tinue to stand by those comments. I in H.R. 6800: gation to respond in kind.
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H2010 CONGRESSIONAL RECORD — HOUSE May 15, 2020
The administration’s response to this of the Members of either House of Congress States might be governed by a Juncto,’’ he
pandemic and the implementation of must be present for it to conduct business: said.
bipartisan legislation providing tril- Each House shall be the Judge of the Elec- The delegates considered and overwhelm-
tions, Returns and Qualifications of its own ingly rejected King’s motion that the Con-
lions of dollars in support require stitution set a minimum of 33 Representa-
meaningful oversight. As our public Members, and a Majority of each shall con-
stitute a Quorum to do Business; but a tives and 14 Senators while the number to be
health experts continue to recommend smaller Number may adjourn from day to increased by law. Only the Massachusetts
social distancing, this rule will allow day, and may be authorized to compel the and Delaware delegations favored King’s
the House to execute its constitutional Attendance of absent Members, in such Man- plan.
obligations in a way that respects their ner, and under such Penalties as each House James Madison and Edmund Randolph,
advice and limits the spread of COVID– may provide. both of Virginia, moved to amend the draft
by inserting a provision allowing for each
19. WHAT DID THE DELEGATES TO THE CONSTITU-
House to summon and penalize absent Mem-
I also am here to support the HE- TIONAL CONVENTION SAY ABOUT THE QUORUM?
bers. All the state delegations except for
ROES Act. The additional funding in- The current form of the quorum clause was Pennsylvania supported this amendment. In
cluded in this bill is needed imme- the subject of debate at the Constitutional fact, the Pennsylvania delegation was di-
diately. Convention of 1787. vided on the question. Then the delegations
The HEROES Act builds upon the The Committee of Detail was a group of unanimously approved the majority quorum
delegates entrusted with devising a draft provision, as amended, and it is this version
progress of our previous bills by pro-
constitution that reflected the delegates’ that made its way into the U.S. Constitu-
viding nearly $1 trillion for State and agreements. On August 6, 1787, it reported a
local governments to pay healthcare tion.
draft that said ‘‘a majority of members’’
workers, police, fire, teachers, transit WOULD PROXY VOTES SATISFY THE
would ‘‘constitute a quorum to do business,’’
CONSTITUTIONAL REQUIREMENT FOR A QUORUM?
workers, and other essential personnel. though ‘‘a smaller number may adjourn from
It also increases flexibility in the day to day.’’ Unlike the Constitution that It is clear that the delegates considered
PPP to help small businesses use was ratified, the Committee of Detail did not the possibility of quorums of consisting of a
include a provision allowing for the ‘‘smaller minority of the Members and rejected this
money in a way that makes sense for
Number’’ to ‘‘compel the Attendance of ab- option in favor of a majority quorum. That
them. I have heard from restaurants is beyond dispute. What is disputed is wheth-
sent Members’’ or penalize those who were
and small businesses across Sac- missing. er proxy votes counting towards a quorum
ramento that these changes are needed, On August 10, the delegates debated the would pass constitutional muster. Even
and I am glad that this bill responds di- Committee of Detail’s quorum requirement. though the Constitution allows each House
rectly to their concerns. Two important concerns emerged. If the to determine its rules of procedure (Article I,
And to contain the virus, the HE- quorum were too high, it could prevent the section 5), proxy votes counting towards
ROES Act provides additional re- majority from being able to transact busi- quorum seem to run contrary to the intent
ness. If it were too low—or could be manipu- of the delegates at the Constitutional Con-
sources for testing, tracing, and isola-
lated to be lowered—it would allow a small vention.
tion, and ensures every American has Proxy voting was certainly possible in the
group of people to impose their will upon
access to free coronavirus treatment, others. time of the Constitutional Convention. For
covers the cost of COBRA premiums for According to James Madison’s Notes of De- instance, absentee or proxy voting was not
9 months, and opens up special enroll- bates in the Federal Convention of 1787, some unknown in the colonies. Yet, apparently,
ment periods for ACA exchanges and delegates advocated granting the Legislature the suggestion was not raised at the Conven-
Medicare. complete or partial discretion in setting a tion. One should be careful not to infer too
As we come to fully appreciate the quorum: much from silence, but one possibility is
John Francis Mercer of Maryland proposed that the delegates did not consider that the
scale and severity of this pandemic, it
following the example of Great Britain, Congress would ever ‘‘meet’’ by proxy. In
is clear that additional support is nec- fact, proxy voting would have settled some
where Parliament could determine its own
essary to prevent more deaths and job quorum. There, he said, ‘‘the requisite num- of the problems delegates on both sides of
losses. ber is small & no inconveniency has been ex- the issues raised. If proxy voting were per-
Madam Speaker, I look forward to perienced.’’ missible, then the distant states could have
supporting this bill and I urge my col- Gouverneur Morris of New York proposed more easily defended themselves by sta-
leagues to do the same. setting the quorum at 33 Representatives tioning a member at the capital, armed with
Mr. COLE. Madam Speaker, I include and 14 Senators. This would initially be a proxies of their absent colleagues. By the
in the RECORD two articles from distin- majority for each Chamber, though it would same token, those who feared that a small
be less than a majority as Members were number could obstruct business by collecting
guished constitutional scholars at the
added. Congress, he thought, should have a proxy votes from others who shared their
Congressional Institute that do raise relatively low quorum since it would prevent concerns. No one, apparently, raised proxy
questions about the constitutionality a small group of people from withholding a voting as a solution for issues with the
of the proposed rules changes. quorum, which would be a particular risk quorum; rather, both sides seemingly oper-
[From congressionalinstitute.org, May 13, when ‘‘a particular part of the Continent ated under the assumption that a physical
2020] may be in need of immediate aid.’’ presence was necessary for participation in
THE QUORUM, THE CONSTITUTIONAL CONVEN- Rufus King of Massachusetts proposed ini- Congress.
TION, AND THE CORONAVIRUS: SOME QUES- tially setting the quorum at 33 Representa- If proxy votes were to count towards a
TIONS tives and 14 Senators, but allowing Congress quorum, the Randolph-Madison amendment
to increase the numbers as it saw fit. As the would be a redundancy. Since the amend-
The coronavirus pandemic has led some to
number of Members increased, a majority ment allows each House to ‘‘compel the At-
call on Congress to continue its operations
quorum would be ‘‘cumbersome.’’ tendance of absent Members,’’ it is predi-
while Members are dispersed throughout the
Other delegates feared that a low quorum cated on the notion that a physical presence
country. H. Res. 965 authorizes the Speaker
would allow small groups to make laws for is necessary for Congress to conduct its busi-
to allow Members to vote by proxy when the
the rest of the country: ness. If a physical presence were not nec-
Sergeant-at-Arms notifies her that there is a
Elbridge Gerry, also of Massachusetts, pro- essary, it would be unnecessary to ‘‘compel
public health emergency due to the
posed that for the House the quorum should the Attendance of absent Members.’’ Nor
coronavirus. Conceivably, this means that a
be no less than 33 and no more than 50, with would there be any reason to penalize them
only minority of the Members will be present
the Legislature free to select a number with- for failing to show. However, the states near-
in the Chamber when conducting business.
in these bounds. A quorum of 33 in the ly unanimously voted to include this provi-
On the face of it, that would violate Article
House, Gerry said, would allow as few as two sion in the Constitution, highlighting the
I, Section 5, of the Constitution, which re-
states to make laws for the rest. importance of a physical presence at the
quires a majority of Members to do business. George Mason of Virginia said the major- Constitutional Convention.
To get insulate the votes against constitu- ity quorum provision was a ‘‘valuable & nec- The Framers’ concern over the dangers of
tional challenges, H. Res. 965 stipulates that essary part of the plan.’’ In fact, he was con- small numbers of Members of Congress
proxy votes would count towards a quorum. cerned that a mere majority would allow transacting business in the absence of the
This, however, would still seem to violate
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people to object to the plan as a whole. He majority of their colleagues is as valid today
the intent of the Framers of the U.S. Con- reasoned that with a lower quorum, states as it was in 1787. It is true that the
stitution. closer to the seat of government could make coronavirus pandemic presents great dif-
WHAT DOES THE CONSTITUTION SAY ABOUT laws favorable to themselves in the absence ficulties to Congress, and both Chambers
QUORUMS IN CONGRESS? of more distant states. ‘‘If the Legislature have shown that they can still conduct busi-
Article I, Section 5, of the U.S. Constitu- should be able to reduce the number at all, it ness without violating constitutional safe-
tion sets forth a requirement that a majority might reduce it as low as it pleased & the U. guards. As much as Congress needs to look to
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2011
the here-and-now, it also must look to the It might be possible for the House to that passes—and it will, because this
future. In the long-run, the inperson pres- change the rules to allow proxy voting, but House is ruled by the majority—we will
ence of Members of Congress is absolutely only after attaining a physical quorum. The then take up a $3 trillion assistance
vital to the strength of the Legislature, and one thing it cannot do under the Constitu-
bill.
no amount of proxy votes may substitute for tion and under the House’s own precedents is
It is not the first time this week that
it. to allow those proxies to count toward a
physical quorum. So it might be possible the majority Democrats have trampled
VOTING PRESENT BY PROXY IS AN that, consistent with the Constitution, some on the rights of the Republican minor-
UNCONSTITUTIONAL OXYMORON proxy voting might be allowed if there is a ity. Allowing multiple Members to
The Constitution leaves a great deal of lee- physical majority present for a vote. vote by proxy does not seem like rep-
way to the House and Senate for establishing House Rules Committee Chairman McGov- resentative government. I, for one, will
their own rules of procedure. But one provi- ern has stated his view that Members who not give away the vote of the people of
sion is absolutely clear: in both chambers, a vote by proxy must give specific instructions the 26th District to someone they did
quorum is required to do business. And a on how their votes would be recorded, and
not elect. Governing is difficult, but we
quorum is defined as a majoritiy of its mem- those instructions should be printed in the
Congressional Record. If done this way, sought the jobs and we need to get
bers.
Article 1, section 5, of the U.S. Constitu- where most Members were present, and only back to work.
tion states: a few were unable to make it to Washington, Far too many American lives have
a Majority of each shall constitute a it would be similar to a traditional courtesy been lost to the pandemic. This novel
Quorum to do Business; but a smaller Num- of ‘‘pairing votes.’’ In the not-so-distant coronavirus continues to wreak havoc
ber may adjourn from day to day, and may past, ‘‘vote pairing’’ would occur when a on our healthcare, as well as our econ-
be authorized to compel the Attendance of Member who was voting opposite of the ab- omy. There are plenty of things we
absent Members, in such Manner, and under sent Member withheld their vote and an- could have done in the House on the
such Penalties as each House may provide. nounced a pair with the absent member, thus Committee on Energy and Commerce
If a physical presence were not necessary, offsetting each other’s vote. In today’s high-
ly polarized Congress, such courtesies are
during the last several months which
it would be unnecessary to ‘‘compel the At- were undone.
tendance of absent Members.’’ Although rare, which might indicate the need for an
updated system. We passed a bill called the Pandemic
proxy voting was possible at the time of the All-Hazards Preparedness Act. This
The one thing that Congress cannot allow
Constitutional Convention, the participants
spent long days waiting for their colleagues
is the idea of conducting controversial busi- was a good bill, and it was signed into
to arrive to conduct business in person.
ness with only a small number of Members law in June of 2019, 6 months before the
present. It is understandable why the House pandemic started.
Being physically present does make for an
Democratic leadership wants to put this rule We could have had a realtime over-
inefficient system, but that’s what the
in place since we are in the midst of a pan- sight of this bill that we had just
Founders intended—they did not intend to
demic. At the same time, political leaders passed in the month of February ask
make it easy to reach consensus and govern.
cannot simply ignore constitutional require-
The constitutional provision for the quorum the questions: Is it doing what we
ments or proper parliamentary forms to re-
was designed to protect the public. thought? Are we achieving what we at-
Quorums are not self-enforcing. So a solve the issues. Congress is, by definition,
the gathering of people together to solve tempted to achieve with that bill?
quorum is assumed unless it questioned by a Here is a realtime test, a stress test,
Member. That is why the House carries on issues. This cannot—and should not—be done
non-controversial business even when it is remotely. but we chose not to do it. We had hear-
evident that only a few Members are on the Observers of Congress agree that one of the ings on flavored tobacco and horse rac-
Floor. To conduct business such as voting, primary causes of divisive partisan polariza- ing instead.
however, a quorum can be demanded by any tion is that Members no longer form rela- In an effort to show what we should
Member through a point of order. Once de- tionships and friendships. Back when Mem- be working on, I wrote a series of hear-
bers met five days a week instead of three,
manded, the House cannot conduct any busi- ing request letters this week to the
ness—even a request to withdraw the call to they moved their families to Washington DC.
Their kids went to school together, and their Committee on Energy and Commerce
quorum—until a quorum is attained. This Health Subcommittee chair, including
protects the minority party. Once a party spouses formed friendships with other
spouses. It’s human nature to be much more work on the Strategic National Stock-
tries to take action beyond what has been
civil to someone whose spouse is friends with pile, mental health, racial disparities,
agreed to by consensus, the other side can
quickly shut that down by raising an objec- yours or whose kid is on your kid’s soccer provider relief, and testing. We should
tion to the lack of quorum. If a quorum can- team. be working through authorizing com-
Most importantly, legislators need to leg- mittees to improve our Nation’s public
not be achieved, under the Constitution, the
islate. There is a give and take created by health response to this pandemic.
only business allowed is a motion to adjourn.
amendments and debates that require direct
This raises a question of whether the State testing capacity has gotten
House can change its rules of procedures to human interaction. Too little of that goes on
now—how much worse will it be if members substantially better, but we must re-
allow proxy votes to count towards a flect on what went wrong so we make
quorum. Besides the oxymoronic notion that are just ‘‘emailing it in?’’ Today, leaders
from the House and Senate negotiate with sure that it does not happen again in
a member could vote ‘‘present by proxy,’’ the
the President, and the other 533 legislators the future.
House’s precedents argue against it.
Proxy voting has never been allowed or vote on their agreement. That’s not legis- I, frankly, do not understand what
even considered on the House Floor. But lating. happened at the Centers for Disease
proxy voting has, from time to time, been al- Proxy voting might be more efficient than Control and Prevention in the month
lowed in Committees. Even though it has waiting for everyone to physically get to of February of this year. We have never
Washington DC. But efficiency was not a
been banned since 1995, the House has estab- really asked the question at the com-
lished precedents for how proxy voting was goal of the founding fathers. They wanted
the people’s representatives to get together mittee level. We should have.
treated in prior Congresses. If we don’t understand what went
While Members who were absent could give and work out compromise and consensus.
Isolated Members voting from remote loca- wrong, how do we prevent it from hap-
their proxy to another Member on the Com-
mittee, allowing their votes to be counted, tions will further harm civility and under- pening again if the virus makes a re-
Deschler’s Precedents shows that the ‘‘no mine Congress’ already weakening place in surgence, if some other virus makes an
measure is to be reported from any com- the Constitution’s balance of power. appearance?
mittee unless a majority of the committee Mr. COLE. Madam Speaker, I yield 3 Congress, recognizing the importance
was actually present when the measure was minutes to the distinguished gen- of widespread diagnostic testing, did
ordered reported.’’ This echoes Cannon’s tleman from Texas (Mr. BURGESS), my take action to encourage the develop-
Precedents, a previous compilation of the good friend, a member of both the ment of testing strategies, and billions
precedents, which states: of dollars have been directed towards
Rules Committee and the Committee
Recognition of voting proxies by standing on Energy and Commerce. testing in our four previous response
committees is a matter to be respectively bills. But now we are poised to push $3
Mr. BURGESS. Madam Speaker, I
determined by each committee for itself, but
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proxies may not be counted to make a thank the gentleman for yielding me trillion of taxpayer money out the
quorum. the time. door, and we should evaluate, we
In other words, when allowed, Committees Madam Speaker, today’s rule con- should have the evaluation of what is
could count proxy votes, but they first had tains a resolution that will really fun- the current state of our response and
to have a majority of actual people attend- damentally change the proceedings of our recovery, including our testing
ing or none of the votes would count. this House of Representatives. Once strategy.
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H2012 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Madam Speaker, we have to get this the text, in Article I, Section 3, providing: While the Senate may be here in D.C.
right for the American people. ‘‘The Senate shall have the sole power to try whistling past the graveyard as they
Mr. MCGOVERN. Madam Speaker, let all impeachments . . . . [N]o person shall be confirm judicial nominees, we are
convicted without the concurrence of two
me just say, it is absolutely ridiculous thirds of the members present.’’ The failure
working to get the American people
for anybody to suggest that, under the to include such a requirement in in the the help they desperately need. I urge
process that we are advocating, some- Quorum Clause, or indeed to modify or define all of my colleagues to support these
how you are ‘‘giving away’’ your vote. the Quorum Clause majority requirement in bills.
There is no discretion at all involved in any way, suggests the framers did not intend Mr. COLE. Madam Speaker, I yield 3
the process that we are putting for- to include presence as such as part of the minutes to the gentlewoman from Ari-
ward. My colleague sat through hours quorum determination. zona (Mrs. LESKO), my good friend and
Particularly when coupled with the Clause
of hearings yesterday. I would maybe member of both the Rules Committee
immediately following the Quorum Clause—
suggest that he reread the bill. according each House broad discretion to and the Judiciary Committee.
Madam Speaker, I also include in the ‘‘determine the rules of its proceedings’’—it Mrs. LESKO. Madam Speaker, both
RECORD a letter from law professor makes no sense to imagine the framers bills under this rule are absolutely ter-
Debra Pearlstein in response to Mr. meant here to tie the hands of future con- rible and should be rejected.
Mark Strand’s article, which my rank- gresses from using what reasonable, First of all, you have the proxy vot-
ing member just submitted for the verifiable means might be available to adjust ing and remote voting. This has never
RECORD. its procedures to accommodate a crisis. On been done in the history of the United
CARDOZOLAW, the contrary, as both judicial opinion and States—not during the Civil War, not
the historical record referenced in my earlier
May 15, 2020. during previous pandemics, and we
DEAR CHAIRMAN MCGOVERN: I read with in- letter make clear, the House’s discretion to
adopt rules reasonably adapted to suit shouldn’t do it now. When you have
terest an article by Mssrs. Mark Strand and nurses going to work, when you have
Tim Lang introduced into the record during changing circumstances is precisely as broad
as the Constitution’s text suggests. grocery store workers going to work,
yesterday’s hearing of the House Rules Com-
mittee on H. Res. 965—Authorizing remote
As ever, I thank you for your efforts, and when you have everybody else going
for the opportunity to share my views. back to work, we are setting a terrible
voting by proxy in the House of Representa-
Sincerely, example by saying: ‘‘You don’t have to
tives. Having written elsewhere in detail
DEBORAH N. PEARLSTEIN, show up to work. Just give your voting
about my conviction that the rules change
Professor of Law.
under consideration readily passes constitu- card over to somebody else.’’ It is ter-
tional muster, I am grateful for the oppor- Mr. MCGOVERN. Madam Speaker, I rible.
tunity to explain why the Strand and Lang will go into this later in much more de- And then when I offered an amend-
position fails to persuade. tail when we take up the resolution, ment in the Rules Committee yester-
Mssrs. Strand and Lang offer no objection but I would urge my colleagues to read
to the proxy voting process as such, but
day saying, ‘‘Okay, if you don’t show
the response. up to work, you don’t get the travel al-
rather argue that the Constitution would Madam Speaker, I yield 2 minutes to
permit votes by designated proxy only if a lowance in your MRA,’’ that was re-
the gentlewoman from Florida (Ms. jected by every single Democrat Mem-
quorum of Members is already physically
present in the House chamber as provided for
SHALALA). ber on the Rules Committee.
under existing House rules. Their objection b 0930 And then Speaker PELOSI’s bill, I call
is to the rule change proposed as part of H. it the Keep People Unemployed Act,
Res. 965 that would allow Members voting by
Ms. SHALALA. Madam Speaker, I
rise today in support of the rule and because that is what it is. It will
proxy to count toward the establishment of
the underlying bills. incentivize people to stay unemployed.
a quorum ‘‘to do business’’ required by Arti-
cle I, Section 5 of the Constitution. The au- Madam Speaker, my office in Miami It extends the $600-per-week unemploy-
thors cite no case law to support their view is not getting calls; we are getting ment payment through January 31 of
that the Constitution’s Quorum Clause re- cries for help. My neighbors are scared next year. It mandates all businesses
quires Members’ physical presence, relying of both a virus that could kill them or continue the Family Medical Paid
instead on two lines of argument: (1) the their loved ones and worried about how Leave Act for another year, and it says
bare text of the Quorum Clause, and (2) the they will make their next rent or mort- that when you apply for SNAP, food
interpretive claim that, because other provi- stamps, that the $600 per week that you
sions of the Constitution refer to Members’
gage payment or buy groceries or when
their children will go back to school. are getting doesn’t count towards in-
‘‘presence’’ or ‘‘absence,’’ it must be that the
Quorum Clause itself must be read to man- Today we vote on two bills. The first come. So now you are going to have
date physical presence. Neither argument is will allow Members of Congress to do people that are sitting at home getting
persuasive. our jobs, as described by our chair, Mr. paid more than they did when they
In defining the scope of the quorum re- MCGOVERN. The second will provide worked and getting food stamps.
quirement, the Quorum Clause itself says desperately needed relief. I already have businesses in my dis-
solely: ‘‘a Majority of each shall constitute a We have already passed four pieces of trict that say we need to hire back
Quorum to do Business.’’ The Clause does not legislation to respond to the pandemic these people because Arizona is back
provide any method or test for determining open. They can’t hire the people be-
which has killed more than 83,000
the existence of a majority. Neither does it
define what measure each House must use to Americans. My friends and neighbors cause the people are getting paid more
establish the existence of a majority. The in south Florida are suffering. The HE- to sit at home.
Clause itself thus provides no basis for deter- ROES Act gives money to my State, In addition, it gives $1,200 to people
mining whether the ‘‘majority’’ must be, for cities, and county that are shouldering that are here illegally. Why are we not
example, ‘‘a majority of Members present,’’ both the economic and health burdens prioritizing U.S. citizens? It lets crimi-
or ‘‘a majority of Members elected,’’ or ‘‘a of COVID–19. nals who are convicted of murder and
majority of Members able to vote,’’ or some Unless we do this, my county and cit- rape, just because they are 50 years old
other metric altogether. ies and school board will not be able to or older, out of prison. And it federal-
The authors must instead rely heavily on
pay teachers or firefighters or police izes elections, mandating that there is
their interpretive claim that, because other
provisions of the Constitution refer to Mem- officers or transit workers or even hire same-day voter registration and that
bers’ ‘‘presence’’ or ‘‘absence,’’ the Quorum contact tracers to help get this virus everyone is mailed a ballot.
Clause itself must be read to include an im- under control. This bill provides that This is a ridiculous bill in this com-
plied requirement of physical presence, as if and includes more money for SNAP bined rule, and I ask my Members to
the Clause had been written to mandate ‘‘a and additional economic impact pay- vote ‘‘no.’’
Majority of members present shall con- ments of up to $6,000 per family. Mr. MCGOVERN. Madam Speaker,
stitute a Quorum.’’ That is, of course, not The HEROES Act also provides need- there is a lot that I could say, but let
dlhill on DSK120RN23PROD with HOUSE
what the Constitution says. On the contrary, ed funds for the Postal Service. The me just say this: In the time of this in-
the absence of the word ‘‘presence’’ in the
Postal Service was founded in 1792. It is credible tragic health pandemic and
Quorum Clause cuts as much against the au-
thors’ argument as in its favor. The framers more critical than ever in helping peo- economic crisis, I don’t think now is
of the Constitution knew exactly how to re- ple safely access medications and food the time to kick poor people, to beat
quire ‘‘presence’’ when they wanted to; they and cleaning supplies and vote-by-mail up on people who are hungry in this
do so, for example, just a few lines earlier in ballots and more. country.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2013
We ought to step forward, as the tions, both on the specifics of the proc- For example, a point of order regarding the
United States of America, the richest esses authorized in the rules changes germaneness of an amendment must be made
country in the history of the world, and the technology to support it. when the amendment is offered. After read-
ing the amendment is dispensed with, the op-
and make sure that nobody in our I know that this morning, at 6 a.m.,
portunity to object is lost.
country goes hungry. It is shameful the we were provided a copy of the regula- The Majority already has demonstrated a
way my colleagues on the other side of tions that the Rules Committee plans great capacity to ignore points of order, par-
the aisle demagogue this issue. It is on issuing. Is that the same type of liamentary inquiries, and privileged mo-
shameful. consultation that we can expect for the tions. Since they will be controlling the
Madam Speaker, I yield 30 seconds to remote hearing changes that are left to technology, how will Minority members ever
the gentleman from California (Mr. one Member of the majority to decide? get a chance to even raise these procedural
CORREA). The House is on the receiving end of points?
It is unclear if current technologies have
Mr. CORREA. Madam Speaker, I rise 1.6 billion unauthorized scans on our the capability to have a clearly visible timer
in support of the underlying rule and network per month. After broadcasting which will create challenges enforcing time
the HEROES Act to provide stimulus to the world that Members are going to limits in a clear and transparent way.
checks to all taxpayers. now be able to cast their vote or oper- Issues will arise without parliamentarians
In April, I introduced H.R. 6438, the ate in this institution remotely, I don’t and counsels in the room to advise on
Leave No Taxpayer Behind Act, so that know about you, Madam Speaker, but I amendments, motions, objections, and points
hardworking, taxpaying immigrants, of order.
expect those to increase.
VIRTUAL COMMITTEE PROCEEDINGS INCREASE
immigrants who work in our fields to What further reduces my confidence
THE RISK OF THE POLITICIZATION OF OFFICIAL
feed us on an everyday basis, also re- in these sweeping changes that will not COMMITTEE BUSINESS
ceive stimulus checks. have their stated effect is the feedback Traditionally, there is a clear separation
Thank you for including this meas- from virtual committee roundtables between official business and campaign
ure in the HEROES Act, and I urge pas- that have already been attempted by work. This is particularly the case imme-
sage of the HEROES Act. every committee. There have been in- diately before the general election, when the
Mr. COLE. Madam Speaker, I yield 4 stances of the majority staff kicking House generally takes about a month off to
minutes to the gentleman from Illinois participants off video conferences be- go campaign. This creates an important
(Mr. RODNEY DAVIS), my good friend cause they had not RSVP’d. break between official hearings and legisla-
and the distinguished ranking member Madam Speaker, I include in the tive activity. With remote proceedings,
of the House Administration Com- there’s less reasons the majority couldn’t re-
RECORD a list of the concerns that our spond to some less than positive polling re-
mittee. ranking members have provided me on sults by marking up newly introduced legis-
Mr. RODNEY DAVIS of Illinois. the House Administration Committee. lation that could make an impact in key dis-
Madam Speaker, I rise today to speak [From Committee on House Administration tricts leading up to an election.
in opposition to the underlying legisla- Ranking Member Rodney Davis] VIRTUAL COMMITTEE PROCEEDINGS JEOPARDIZE
tion, H. Res. 965. REPUBLICAN RANKING MEMBERS EXPRESS SIG- THE INTEGRITY OF PROCEEDINGS AND RAISE
The process that led to this debate is NIFICANT CONCERNS WITH DEMOCRATS PRO- MAJOR CYBERSECURITY CONCERNS
unacceptable. After a previous failed POSAL TO ALLOW FOR VIRTUAL COMMITTEE Requiring Members to be present to vote
attempt to bring a similar rules-change PROCEEDINGS ensure Members are fully and transparently
package to the floor last month, I was VIRTUAL COMMITTEE PROCEEDINGS INHIBIT THE voting on their own volition. There is no
hopeful that the work of the bipartisan ABILITY OF MEMBERS TO FULLY PARTICIPATE question of technological/cybersecurity prob-
task force to reopen the House would Remote platforms give the majority, typi- lems interfering with Members votes and
there is no question as to whether the vote
result in a genuine willingness toward cally in the hands of a junior technical staff-
er not even co-located with the Chairman, was cast by the Member or by a third party.
bipartisan solutions. I was optimistic Remote proceedings do not guarantee the
that our Democratic majority would the ability to control who can speak or even
be heard by other participants. same level of transparency and account-
partner with us to help this body adapt ability.
Other potential inhibitors could include a
to the coronavirus pandemic. member’s lack of familiarity with the plat- EXPERIENCES OF COMMITTEES WITH UNOFFICIAL
We Republicans on that task force of- form, lack of training, inadequate resources VIRTUAL COMMITTEE MEETINGS SO FAR LEND
fered a realistic framework to make re- (i.e., hardware, software, reception and CREDENCE TO THESE CONCERNS.
sponsible, measured, and thorough re- connectivity especially in rural areas), and Over 80 percent of Committees who re-
forms to get the whole House working user errors like inadvertently pressing the sponded to a survey responded that their
again. That plan was dismissed out of mute button. committee had held unofficial committee
hand by the Democratic majority, with Virtual proceedings create an inability of meetings virtually over the past couple of
Members to be able to effectively interact months. Those meetings experienced numer-
no alternative.
and have conversations in person with each ous issues including:
It was not until Wednesday morning, other and with staff. Members won’t have People getting dropped or unable to
just two days ago, with the release of the same opportunity to interact with each unmute themselves in a timely manner.
H. Res. 965, that we saw any semblance other in real-time that they do with in per- Majority staff kicking people off if their
of a plan, and in no way was it a prod- son hearings. This puts the minority at a dis- numbers were not RSVP’d. This could be a
uct of bipartisanship or greater Mem- tinct disadvantage because the majority con- concern in the future if Members or staff call
ber input. trols the content and the schedule. Minority in from an unrecognizable or un-RSVP’d
strategy is always a last-minute engagement phone number.
The majority’s unwillingness to work Members personal information almost re-
in a collaborative way was reinforced and often is still forming as the hearing be-
gins. leased publicly due to platforms displaying
yesterday at the Rules Committee the phone numbers of people on the call.
Remote proceedings depend on the reli-
hearing when not one commonsense ability various technology elements. If any- A Member who couldn’t participate be-
amendment offered by the minority one fails, members can’t fully participate. cause of inadequate internet connection.
was accepted. Pre and post hearing engagement with wit- Unauthorized individuals accessing a meet-
Commonsense amendments like: Re- nesses, other members, staff, and press will ing.
One committee attempted to hold a round-
quiring the technology used by the be lost. A lot of work is done immediately
table and experienced such significant tech-
House to be certified by the CAO; re- before or after hearings in terms of con-
nical glitches that called into question
jected. necting with people. All of that time, con-
whether the bipartisan roundtable could
Requiring technical support during nection, relationship building will be gone.
even occur. It took some participants up to
Every Ranking Member who responded to a
virtual committee activity; rejected. recent survey expressed some level of con-
30 minutes to join the Cisco Webex video
Allowing the entire House of Rep- chat while others could join with only with
cern over their members ability to fully par-
resentatives to weigh in on the type of audio or never participate at all. Once con-
ticipate.
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remote voting this body follows; re- nected, many participants could not tell who
VIRTUAL COMMITTEE PROCEEDINGS RAISE MANY was speaking or even controlling the video
jected. PARLIAMENTARY ISSUES or microphone settings. A third-party mod-
Not only is this resolution com- Many rules aren’t self-executing, and erator was unaware until the end of the call
pletely partisan, it is being rushed to members may have limited time to raise ob- that typed questions were being submitted
the floor while there is still an unac- jections. Once the time has passed, the op- by users throughout the conference for
ceptable amount of unanswered ques- portunity is lost. speakers to answer.
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H2014 CONGRESSIONAL RECORD — HOUSE May 15, 2020
For another committee, the technical Mr. MCGOVERN. Madam Speaker, I to establish a quorum and do the busi-
issues have been so bad that Member partici- yield myself such time as I may con- ness of the American people. The Su-
pation in recent calls has steadily declined sume. preme Court has been very clear on
with less than 30 percent of the Committee’s I am disappointed with the gentle-
members participating in the most recent
this. In the Ballin decision, the Court
virtual meeting.
man’s statement. He referred to a said Members have to be present by
SAFEGUARDS MUST BE ADOPTED TO ENSURE MI-
failed attempt three weeks ago to deal stating: ‘‘All that the Constitution re-
NORITY RIGHTS AND SECURITY OF ANY OFFI-
with the issue of remote voting. There quires is the presence of a majority,
CIAL COMMITTEE PROCEEDING HELD VIR- was no failed amendment. We pulled and when that majority are present the
TUALLY the bill to have discussions with Re- power of the House arises.’’
There needs to be a backup method of com- publicans about how we can move for- You have got to be there. Actually,
munication, independent of the primary ward. That is why we did that. you have got to be here. You have got
platform, so that members can contact the And then the gentleman refers to all to be here to do the business of the peo-
Chair directly in the event the platform of these amendments that were ple. You can’t phone it in. You can’t
fails. brought up in the Rules Committee,
There must be clear rules and conditions mail it in. This bill would allow one
commonsense amendments. Yeah, Member to have 10 proxies in their
developed in a bi-partisan way on control of
amendments on everything, including back pocket. Think about that. 22
audio/visual with respect to rights of minor-
ity. An independent IT operator should be abortion, immigration, airline travel. Members with 10 proxies in their back
mandatory for any remote proceedings. But the gentleman knows full well that pocket could do the business of 330 mil-
Video feeds should be equally accessible by many of the suggestions that the Re- lion people in this great country.
both parties to ensure that no one can censor publicans offered during our negotia- We all take an oath to the Constitu-
or edit official proceedings after the fact. tions we took into account and are tion. Article I, Section 4 of the Con-
Members should not be forced to partici- part of this proposal.
pate in committee activity over a tech- stitution mandates that Congress must
So I don’t know what the gentleman ‘‘assemble at least once in every year.’’
nology platform when they are capable and is talking about, but I will tell you
willing to attend in person. Committees That is when we start the session.
this: That kind of attitude, that com-
should always allow Members to participate Article I, Section 5 requires Congress
by simply showing up to a hearing room in mentary, doesn’t bode well for future
to physically congregate and vote to
one of the House Office buildings. negotiations.
Madam Speaker, I yield 1 minute to change where it is going to sit; frankly,
All other House Rules should remain in ef-
the gentleman from California (Mr. what is happening today.
fect. If committees are unable to guarantee
procedural safeguards in the rules, they SHERMAN). Section 5 also requires a recorded
should not be permitted to use technology to Mr. SHERMAN. Madam Speaker, in vote on any question at the desire of
deny Members procedural protections. all of our bills, virtually all the money one-fifth present.
Technology should permit staff work. Com-
goes to bandage the economic wounds. Article I, Section 6 mandates and
mittee staff engage in a lot of real-time protects Members from arrest during
work during hearings and markups. The We need a greater focus on beating the
disease. Workers need paid sick days so travel to and from their attendance at
technology should facilitate some ability for a session of their respective House.
committee staff to continue to assist Mem- they will stay home if they are sick,
bers in ‘‘real-time.’’ even if they work for an employer with You would think if you could mail in
There needs to be additional information under 50 or over 500 employees. your vote, the Constitution wouldn’t
on the security of the platform to be used The Defense Production Act needs to protect you on traveling to the vote.
and assurances that each Member has the be amended so it can provide for the li- All of these provisions envision Mem-
connectivity needed to support the meetings. bers physically traveling and being
censing of new technology, and inven-
Mr. RODNEY DAVIS of Illinois. tors need to be well compensated if present at the seat of the Federal Gov-
Madam Speaker, Members’ personal in- they invent something useful to attack ernment.
formation on these roundtables has al- the COVID virus. As Mrs. LESKO said earlier, farmers
ready been viewed publicly; Members We have provided money for testing, are planting crops, truckers are mov-
being dropped from platforms because but only one-quarter of 1 percent of the ing goods, grocers are stocking shelves,
of poor connections; Members being un- money we provide in this bill or prior frontline healthcare workers haven’t
able to participate in web-based events bills has gone for therapeutics, prophy- missed a day. They can’t phone it in.
due to poor internet connections in laxes, and vaccines. They can’t mail it in. They can’t proxy
rural areas. And the list goes on. The clinical medical researchers of their work in. They have to be there
I mention these examples not to say this country are sitting at home, be- and do it, and we should do the same.
that all virtual proceedings cannot or cause virtually all non-COVID medical The example this sends, the prece-
should not be authorized, but I share research has been suspended. Let’s put dent this sets, is so darn wrong. And I
these issues as further proof that the them to work. Let’s learn more of the encourage a ‘‘no’’ vote on H. Res. 965.
‘‘crawl, walk, run’’ approach is nec- basic facts of COVID, and let’s test Mr. MCGOVERN. Madam Speaker, I
essary to make sure that virtual pro- every reasonable combination of ge- yield 1 minute to the gentleman from
ceedings are done successfully. neric compounds at every stage of the New Hampshire (Mr. PAPPAS).
In closing, I would like to reiterate disease. b 0945
what I shared at the Rules Committee Yes, for a while, we can bind our eco-
hearing yesterday. I want to encourage nomic wounds, but ultimately, we need Mr. PAPPAS. Madam Speaker, I rise
all of us to take a step back. I want to to beat the disease. in support of the HEROES Act today
make sure that we don’t have a prece- Mr. COLE. Madam Speaker, I yield 3 because our frontline workers, first re-
dent set that will create a brand-new minutes to the gentleman from Ohio sponders, and community members are
process. (Mr. JORDAN), my good friend and rank- rising to the occasion, and so must
We are not here simply debating an ing member of the Judiciary Com- Congress.
outdated rule, Madam Speaker. We are mittee. We know we are living through an
here debating what kind of institution Mr. JORDAN. Madam Speaker, three unprecedented crisis. If we fail to re-
we want the people’s House to be and weeks ago, the Attorney General of the double our efforts, the public health
the example that we want to set for the United States said this: ‘‘The Constitu- threat will grow, more jobs will be per-
American people and the rest of the tion is not suspended during a crisis.’’ manently lost, additional small busi-
world. Amen to that. nesses will throw in the towel, and cit-
If we vote to adopt H. Res. 965, we are And guess who agreed with him, or at ies and towns will go bust.
setting a new precedent that will for- least used to agree with him? Last The conversations I have every day
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ever change the processes that are used month, April 9, the Speaker of the with mayors, hospital officials, small
in the House of Representatives. It House said: ‘‘There is a constitutional business owners, and essential workers
opens a Pandora’s box, and it provides requirement that we vote in person.’’ underscore why bold action is imme-
constitutional risks. And in times of But, oh, how that has changed. diately needed. I fought for a number
crisis, Americans should trust their Today we are, in fact, suspending the of provisions in this bill that are im-
leaders. Vote ‘‘no’’ on H. Res. 965. Constitution. We are allowing proxies portant to my constituents, including
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2015
aid to local government to sustain es- have met every criterion. I am about to Members of Congress should not be
sential services; free coronavirus test- lose everything. Please help me.’’ on the sidelines. We can and should get
ing, treatment, and vaccines for low-in- They write: ‘‘I am homeless. I was back to official business, especially
come individuals; expanded tax credits just laid off because the schools are committee work. Hearings and mark-
for small businesses to keep workers on closing. I have my granddaughter with ups are a critical function of the peo-
the job; and giving our veterans a re- me. I need help.’’ ple’s House.
prieve from VA debt collection. And they write: ‘‘I am literally on Without passing ill-conceived legisla-
No bill is perfect, but with bipartisan my last $100 for food and have already tion that jeopardizes our democratic
cooperation in the coming days, we can maxed out my credit cards. Please institution, the House proved 2 weeks
deliver meaningful results. We can help. Please help. Please help.’’ ago, and again today, that we can con-
meet this moment responsibly, ensure Americans are afraid not just of how duct business while following health
our communities are equipped to over- they are going to make ends meet but guidelines. There is no reason congres-
come this virus, and allow our econ- whether they are going to make it sional committees can’t do the same.
omy to safely get back on its feet. through this pandemic at all. Sadly, the Democrats are using this
Mr. COLE. Madam Speaker, I yield Yet, this White House remains ut- pandemic to justify gutting the Con-
myself such time as I may consume. terly disconnected from reality, mov- stitution and our practices, and it is
Madam Speaker, if we defeat the pre- ing at every opportunity to reject disgraceful.
vious question, I will offer an amend- science, sideline medical experts, and Mr. MCGOVERN. Madam Speaker, I
ment to the rule to change to two- pat themselves on the back for a job yield 3 minutes to the gentleman from
thirds the threshold required to pass H. well done, even as the COVID–19 pan- Colorado (Mr. PERLMUTTER), a distin-
Res. 965, the resolution changing the demic tears our communities apart. guished member of the Rules Com-
rules of the House to adopt a proxy This week, President Trump said mittee.
voting procedure on the floor and to that ‘‘we have prevailed,’’ that ‘‘we are Mr. PERLMUTTER. Madam Speaker,
allow remote proceedings. going to have one of the best years we it is good to see a Coloradan in the
Madam Speaker, changing the rule have ever had,’’ that we are beginning chair. I rise today in support of the
does require a two-thirds vote, and to ‘‘transition to greatness.’’ The rule, the HEROES Act, and H. Res. 965.
that is what we are doing in this rule. President of the United States refers to Madam Speaker, I want to start by
Madam Speaker, the rules change thanking Chairman MCGOVERN for his
over 80,000 dead Americans as a ‘‘tran-
that H. Res. 965 contemplates has sim- leadership and his vision through this
sition to greatness’’? I wish I could say
ply never been utilized in the House of Congress and especially these last dif-
that I was shocked, but I am not.
Representatives. We are quite literally What we continue to witness is a ca- ficult months.
setting a new precedent that will guide tastrophe. Calling it anything less does COVID–19 has affected every corner
us into the future. Any change of this a great disservice to the millions of of our country and the world. The im-
magnitude should only pass the House Americans who are affected by this ill- pact of the virus and the blow to our
with bipartisan consensus, and a two- ness. economy is massive, and Congress
thirds threshold is appropriate to dem- If there is to be any silver lining in must act with force and speed.
onstrate whether or not such a drastic these trying days, at this exact mo- While some of my colleagues may
change and new precedent actually ment, these public servants are work- argue that we are spending too much
meets this test. ing around the clock to protect us. money, these packages are a fraction of
Madam Speaker, I ask unanimous the losses we have suffered in this
Madam Speaker, I say to my con-
consent to insert the text of my country and around the world. I am
stituents: We see you.
amendment in the RECORD, along with Mr. COLE. Madam Speaker, I yield proud the HEROES Act includes a pro-
the extraneous material, immediately myself such time as I may consume. vision I introduced with Representa-
prior to the vote on the previous ques- Just briefly, I want to thank my good tive JOE MORELLE to provide $500 bil-
tion. friend, the distinguished gentleman lion for States to help them to respond
The SPEAKER pro tempore. Is there
from Florida, for being here. We all to the crisis and to avoid harmful cuts
objection to the request of the gen-
know he is fighting bravely a very to law enforcement, firefighters, teach-
tleman from Oklahoma?
There was no objection. deadly disease, and it says a lot about ers, healthcare, and others at a time
Mr. COLE. Madam Speaker, I urge a his personal courage and his commit- when we can least afford it.
‘‘no’’ vote on the previous question, ment to service that he is here today. The HEROES Act also includes a $375
and I reserve the balance of my time. Madam Speaker, it is good to have him billion provision from fellow Coloradan
Mr. MCGOVERN. Madam Speaker, let on the floor of the House. JOE NEGUSE for local, county, and mu-
me clarify for the Record that it only Madam Speaker, I yield such time as nicipal governments so they can main-
takes a majority to change the rules. she may consume to the gentlewoman tain critical services.
Democrats have changed the rules with from North Carolina (Ms. FOXX), the Another provision that I worked on is
a majority. The Republicans have ranking member of the Education and the inclusion of the bipartisan SAFE
changed the rules with a simple major- Labor Committee. Banking Act to provide legitimate can-
ity, not two-thirds. Ms. FOXX of North Carolina. Madam nabis businesses that are legal under
Madam Speaker, I yield 2 minutes to Speaker, I thank my colleague from State laws access to the banking sys-
the distinguished gentleman from Flor- Oklahoma for yielding. tem. The bill passed this body last fall
ida (Mr. HASTINGS), an effective and Today is a dark day in the history of with 321 votes, including 91 Repub-
distinguished Member of this House our country, and for that, I rise in op- licans. Cannabis businesses across the
and the Rules Committee. position to H. Res. 965, partisan legisla- country have been deemed as essential
Mr. HASTINGS. Madam Speaker, we tion that would upend more than 200 during this pandemic, and these busi-
convene today to pass a desperately years of precedent and jeopardize the nesses and their estimated 243,000 em-
needed relief package that will provide deliberative process of the House of ployees deserve equity with other legal
nearly $3 trillion in economic relief to Representatives. businesses.
frontline workers and families. I am States have started reopening busi- The SAFE Banking Act would also
proud to speak in favor of the rule and nesses, schools, and local economies. address the increased health risk of
in strong support of the underlying leg- Congress should be following suit. Yet, spreading COVID–19 on banknotes and
islation, the HEROES Act. this is the first time the House has coins, as well as the increased public
Like many of you, I continue to re- come to semiregular order in over 2 safety risk associated with this cash-
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ceive emails, letters, and phone calls weeks. only industry. At a critical time, SAFE
from constituents bearing the brunt of Speaker PELOSI and House Democrats Banking will help protect jobs and en-
this administration’s disorganized re- are holding the people’s House hostage. courage lending in our communities.
sponse to the COVID–19 pandemic. They would rather erect and prolong a Madam Speaker, I urge all of my col-
My constituents write: ‘‘I have been partisan blockade instead of doing the leagues to support the HEROES Act,
denied unemployment even though I people’s business in the open. and I also encourage them to vote for
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H2016 CONGRESSIONAL RECORD — HOUSE May 15, 2020
H. Res. 965. We had a spirited debate on I listened to my chairman, for whom There are times and places to have
this yesterday in the Rules Committee, I have great respect. Candidly, with the partisan debates, Madam Speaker.
and the fact is that we cannot let Con- small nature of the Rules Committee, Today is not one of them, and I reject
gress come to a grinding halt, which is we are able to develop relationships the path that we are on.
what I think some of my Republican that the entire institution is not able The SPEAKER pro tempore. The
colleagues would like to have us do. I to develop. I wish everybody on the time of the gentleman has expired.
believe it is legislative malpractice if House floor knew the gentleman from b 1000
we don’t allow for remote voting dur- Massachusetts as I believe I know the
Mr. COLE. Madam Speaker, I yield
ing this pandemic. gentleman from Massachusetts. When
Mr. MCGOVERN has acknowledged the gentleman an additional 1 minute.
he talks about fighting hunger, when Mr. WOODALL. Madam Speaker, we
this is a first step, and I hope we con- he talks about us doing better, he is have an opportunity, and not an oppor-
tinue discussions and eventually work absolutely right and absolutely sin- tunity that is an untread path as the
on a permanent change to the House cere. When he talks about people suf- path we are on today. We have a well-
rules to ensure Congress operates with fering, when he talks about people in tread path.
speed through future emergencies. desperate need, he is absolutely right I will remind my colleagues, as we
Mr. COLE. Madam Speaker, I yield 5 and absolutely sincere. fight amongst ourselves on this legisla-
minutes to the distinguished gen- When my friend from Florida, Ms. tion, we have been to this floor already
tleman from Georgia (Mr. WOODALL), a SHALALA, said that she doesn’t get on COVID-related measures in a bipar-
member of the Rules Committee. calls in her office but that she gets tisan, partnership-negotiated way. Not
Mr. WOODALL. Madam Speaker, I cries from desperate people for help, I once, not twice, three times we have
thank the gentleman from Oklahoma know that feeling because my office gone down that path.
(Mr. COLE) for yielding. gets the same ones. For folks who are watching the de-
These are strange times. I saw my But that is not everything that is in bate today, Madam Speaker, I hope
friend ALCEE HASTINGS on the floor. I this bill. This bill isn’t all testing. This they don’t take away that we are di-
wanted to sit down beside him and bill isn’t all hunger. vided when it comes to supporting our
whisper in his ear like we would have I offered an amendment yesterday in constituency. I hope they don’t take
done when we gathered last year. I the Rules Committee that said: You away that we are divided when it
wanted to grab his hand and tell him I know what? We are going to perpetuate comes to standing united on behalf of
have been praying for him. Now, he is the myth that we disagree on every- those families that cannot stand for
gone, back off the House floor and back thing in this institution. In a partisan themselves in this tough time. And I
into social distancing. way, let’s divide this 1,800-page bill up. hope, for my colleagues who feel like
No one denies that these are unusual Let’s divide it up into sections, and they need to push a messaging bill
times, even dire times, that require a let’s support those things that we can through no matter what, that they re-
substantial response. In many ways, support and oppose those things that member those times just a few short
what we are doing here today isn’t un- we oppose. Let’s support hunger pre- weeks ago where we came together,
usual. We have a majority in the U.S. vention and remediation. Let’s support where we stood together, largest
House of Representatives that will, in food for children. Let’s support testing change in American history, largest
fact, jam through, on an almost party- for first responders. Let’s do those bill, not one Republican amendment.
line vote, its agenda. That is not un- things. Mr. MCGOVERN. Madam Speaker, I
usual. Madam Speaker, this bill also repeals yield 1 minute to the gentleman from
We have a majority in the House that the SALT tax. It reinstitutes the SALT Vermont (Mr. WELCH).
is going to implement its ideas for tax deduction. This is not an idea that Mr. WELCH. Madam Speaker, on
rules changes in the House, even with- has come about in an emergency. This March 1, Vermont had the lowest un-
out a minority amendment. That is not is something we have been arguing employment rate in its history. Today,
altogether unusual. But I have listened about since 2017. This is something the it has the highest unemployment rate
to colleague after colleague come to Ways and Means Committee acted on in its history. About one-third of
the House floor and talk about the un- in an almost purely partisan way in Vermonters who would like a job can’t
usual times that, I would argue, re- December. This is something the House find a job.
quire an unusual response. acted on in a purely partisan way in The Federal Government is the only
I feel a little empty today in what I December, long before we were talking entity that has the fiscal flexibility
usually enjoy as a Rules Committee de- about COVID. and the fiscal capacity to meet that
bate. I know how the Rules Committee This is a provision where 80 percent need. We have to act. This legislation
goes, Madam Speaker. There are nine of Americans, the bottom 80 percent of would provide Vermont with over $2
members of the majority and four all income-earning households, receive billion for State and local budgets. Ab-
members of the minority. The majority 4 cents out of every dollar of this provi- sent that, the pain is going to be
wins every vote, and not by a little, by sion, 4 cents to the bottom 80 percent pressed, pressed, pressed down into our
a lot. of Americans. The top 5 percent of firefighters, our teachers, and our kids.
Your job, as a minority member on Americans, the top 5 percent of income It has reforms to the Paycheck Pro-
the Rules Committee, is to lose. You go earners, receive 80 cents out of every tection Program so our restaurants
up there, and you lose every day. That dollar. and our small businesses have a chance
is often the way the House is when we It is not an emergency. It is not to make use of that, something both
are trying to put together a House po- COVID-related. It is not going to the sides want to happen.
sition that is going to go into negotia- neediest of these. It is not a million- It has $75 billion for testing, which is
tion. dollar provision. It is not a billion-dol- the path to getting on top of this virus.
But I have heard the sense of urgency lar provision. It is not a $10 billion pro- It provides funds to try to stabilize
that I know each of my colleagues on vision. It is a $200 billion provision our institutions of higher education
both sides of the aisle believes, and our tucked into this borrow-and-spend bill. that we must have on the other side of
sense of urgency today doesn’t allow us Madam Speaker, we don’t disagree on this virus.
time to push a messaging bill across serving those who need to be served. There are differences, and we don’t
the floor. We don’t disagree on medical research. have the luxury of time for the full de-
Madam Speaker, this is the single We don’t disagree on education. But we bate all of us would prefer, but we must
largest borrow-and-spend bill the coun- do have disagreements. act, and we must act now. If we make
try has ever seen, and it included not An 1,800-page bill, and I offered an a mistake in how we proceed—and mis-
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one Republican amendment—not one. amendment to say let’s divide it up takes will be made—it should be on the
The single largest rules change the into sections so we can support what side of erring to do too much, not too
House of Representatives has seen in we can support in a bipartisan way and little.
any of our lifetimes, and the under- push through in a partisan way the Mr. COLE. Madam Speaker, may I in-
lying rules change includes not one Re- things that we can’t support. It was de- quire as to how much time is remain-
publican amendment—not one. nied. ing.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2017
The SPEAKER pro tempore. The gen- The U.S. Government, under our Con- the change in House rules that is being
tleman from Oklahoma has 3 minutes stitution, should be coordinating the proposed today, and I oppose the mas-
remaining. The gentleman from Massa- national effort, not pilfering supplies sive and unwarranted 1,800-page, $3
chusetts has 9 minutes remaining. from the States, much less pitting the trillion Democratic wish list that the
Mr. COLE. Madam Speaker, I reserve States against each other in a brutal majority is proposing as well.
the balance of my time. competition. The rules changes that this resolu-
Mr. MCGOVERN. Madam Speaker, I The HEROES Act takes us in the tion proposes will fundamentally
yield 30 seconds to the gentlewoman right direction by putting billions of change the nature of the institution. I
from Illinois (Ms. UNDERWOOD). dollars into the testing the population know that is not the intent of my
Ms. UNDERWOOD. Madam Speaker, I needs. A majority of the cases of infec- friends, but I think that is the impact
thank the gentleman for yielding. tious transmission comes now from of the rule.
I rise in support of the HEROES Act, people who are asymptomatic or pre- I am deeply concerned with how
which meets urgent needs we are facing symptomatic. these changes will actually work in
in northern Illinois. This legislation in- The only way to deal with the disease place, and I am concerned that we are
vests in the testing, tracing, and treat- and to put the coronavirus on the run doing so without regard to the fact
ment we need to safely reopen our com- is to do mass testing, diligent contact that a change like this is likely to lead
munities. It supports the essential tracing; and we have got lots of people to litigation and may place in jeopardy
workers whose sacrifices and dedica- who can do it, because more than 35 legislation that we pass in a bipartisan
tion are keeping us safe and provides million Americans have been thrown manner.
direct funding that will make a critical out of work in this process. After reaching a bipartisan agree-
difference for smaller communities. I Let’s put millions of people to work ment on $2.5 trillion in spending over
am so proud it also includes my bill to being contact tracers. Let’s unify as a the last 6 weeks, the majority is now
eliminate out-of-pocket costs for vet- country. Let’s show that America has seeking to spend $3 trillion more, re-
erans and to help survivors of domestic the capacity and the strength to oper- gardless of the actual needs of the Na-
violence. ate under our system of federalism to tion and, frankly, without any input
This bill is not perfect. We have more put money into the States and the from the Republican side of the aisle.
work to do, such as ensuring affordable counties and the cities to work to- My friends talk about the urgency of
healthcare coverage for the tens of mil- gether to stop the disease and to win the moment. I agree. This is an urgent
lions of Americans who find it too ex- this major public health battle. moment. But I also agree that we are
pensive. But the HEROES Act will pro- The HEROES Act is the way to go. going to have to work in a bipartisan
vide relief to all of our communities, Mr. COLE. Madam Speaker, I reserve fashion to actually pass something. So
and we must pass it today. the balance of my time. if this makes my friends feel better,
Mr. COLE. Madam Speaker, I reserve Mr. MCGOVERN. Madam Speaker, I that is fine; and if the intent is to set
the balance of my time. yield 1 minute to the gentlewoman out a negotiating position, I guess that
Mr. MCGOVERN. Madam Speaker, I from Ohio (Mrs. BEATTY). is legitimate; but if you think this is
yield 3 minutes to the gentleman from Mrs. BEATTY. Madam Speaker, I going to end up as law, you are sadly
Maryland (Mr. RASKIN), a distinguished thank the gentleman for yielding. mistaken. The Senate has already said
member of the Rules Committee. I rise for this big and bold For the it will not take up the bill. The Presi-
Mr. RASKIN. Madam Speaker, I People legislation. dent has already said that, if it reaches
thank the gentleman for yielding. We have been called back again into his desk, he would veto it.
I want to start by saluting Chairman this great Chamber because we can’t So let’s do what we have done four
MCGOVERN, who has done such a sensa- quit living, because the world placed us times in a row: Sit down; work to-
tional job under adverse circumstances here in unprecedented times, not in gether; craft a bipartisan bill. We have
bringing us a new rule so that we can control of this virus and events hap- proven we can do it, and we can do it
maintain the continuity of the U.S. pening to us, but to bring bold and big again.
Congress. legislation for the people to speak to I am just mystified why my friends
We are bringing a rule forward today the human conditions by creating a he- have felt the need to inject a clearly
to allow for a very narrow exception to roes fund to give frontline workers the partisan bill and think this is going to
allow for proxy voting in the hazard pay they deserve, to make sig- move us down the road in the right di-
coronavirus emergency, when Members nificant investments in State and local rection. It is not. They are going to ce-
cannot get back to Washington, so we governments, direct payments to fami- ment a lot of Members in on both sides
can continue the absolutely vital and lies, fair elections, housing, testing, of the aisle to positions that will make
central work of Congress. contact tracing, and other priorities I it more difficult to reach a common
That work continues today with the proudly support. agreement when that is the appro-
HEROES Act, which will put trillions The bill also includes language that I priate thing to do.
of dollars into the heroes of America: have championed to put a moratorium This really is an exercise in legisla-
the firefighters and the cops, the teach- on consumer debt collection, to open tive futility. H.R. 6800 will never be-
ers, the frontline health workers, the up forgivable loans to more nonprofits, come law. Democrats know that, and
emergency responders, the people who ban the box for small business loans, they are not going to be able to jam it
actually make America run. That is and to make sure that the smallest through.
what the HEROES Act is all about. businesses can get a PPP loan, only to So they can come down here and talk
We hear a lot in Congress about how name a few. about it as much as they want, and
much people love the States and the I challenge my colleagues to join us there are certainly some parts of it I
cities and the towns. Now is the chance and vote for this big and bold bill. could support, but as a package, it is
to show it. Let’s put our money where Americans deserve every penny of it. going nowhere, and it is not moving us
our mouth is and support Americans Mr. MCGOVERN. Madam Speaker, I toward a solution.
who are struggling with this crisis am waiting for one other speaker, but I implore my colleagues to return to
brought by the coronavirus and the I don’t think he has arrived, so I am what they have done in the previous
mismanagement of the disease from prepared to close. four bills where we worked together,
the very beginning, the mismanage- Mr. COLE. Madam Speaker, I yield brought a product that was bipartisan
ment of our efforts to fight it. myself the balance of my time. to the floor, and passed it overwhelm-
America, as Dr. Bright said yester- I thank my good friend from Massa- ingly with almost no dissent. That was
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day, does not have a plan. We need chusetts for a spirited debate. We cer- the formula for success. The formula
massive testing. We need vigilant con- tainly had one yesterday, and we had they are pursuing now will not succeed.
tact tracing. We need coordination of one again today, and I know we will They know it will not succeed.
logistics rather than pitting the States have one in a few minutes. I have never been convinced as to
against each other in a ruthless com- In closing, Madam Speaker, I urge why deliberately launching out some-
petition for PPEs and for ventilators. opposition to the rule. I oppose both thing you know won’t pass is useful.
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H2018 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
Both sides do it, by the way, from time two-thirds of the Members present and vot- Underwood Visclosky Welch
ing, a quorum being present, shall be re- Vargas Wasserman Wexton
to time. We have certainly done it, so Veasey Schultz Wild
I don’t want to suggest this is strictly quired on adoption of House Resolution 965.
Vela Waters Yarmuth
a partisan exercise. b 1015 Velázquez Watson Coleman
This bill will not succeed. I urge re- NAYS—182
jection of the rule. Mr. MCGOVERN. Madam Speaker, I
yield back the balance of my time, and Abraham Gohmert Olson
Madam Speaker, I yield back the bal- Aderholt Gonzalez (OH) Palazzo
ance of my time. I move the previous question on the Allen Gooden Palmer
Mr. MCGOVERN. Madam Speaker, I resolution. Amash Gosar Pence
The SPEAKER pro tempore. The Amodei Graves (GA) Perry
yield myself the balance of my time. Armstrong Graves (LA)
question is on ordering the previous Posey
Madam Speaker, let me begin by Arrington Graves (MO) Reed
again thanking my colleague from question. Babin Green (TN) Reschenthaler
Oklahoma (Mr. COLE) for the tone he The question was taken; and the Bacon Griffith Rice (SC)
Speaker pro tempore announced that Baird Grothman Riggleman
set in the Rules Committee debate yes- Balderson Guest
the ayes appeared to have it. Roby
terday and for his friendship and for al- Banks Guthrie Rodgers (WA)
ways trying to be constructive. Mr. COLE. Madam Speaker, on that I Barr Hagedorn Roe, David P.
Madam Speaker, I began this debate demand the yeas and nays. Bergman Harris Rogers (AL)
Biggs Hartzler
by speaking about the challenge we The yeas and nays were ordered. Bilirakis Hern, Kevin
Rogers (KY)
Rose, John W.
face today. And make no mistake, the The vote was taken by electronic de- Bishop (NC) Herrera Beutler Rouzer
list is long, but I have no doubt the vice, and there were—yeas 219, nays Bishop (UT) Hice (GA) Roy
American people can rise to these chal- 182, not voting 29, as follows: Bost Higgins (LA) Rutherford
Brady Hill (AR)
lenges. They are resilient and have [Roll No. 105] Scalise
Brooks (AL) Holding
Schweikert
shown again and again a perseverance YEAS—219 Brooks (IN) Hudson
Scott, Austin
that is no match for even a global pan- Buchanan Huizenga
Adams Foster Moulton Sensenbrenner
Buck Hurd (TX)
demic. Aguilar Frankel Mucarsel-Powell Bucshon Johnson (LA)
Simpson
The question, quite frankly, is Allred Fudge Murphy (FL) Budd Johnson (OH)
Smith (MO)
Axne Gabbard Nadler Smith (NE)
whether our elected officials are up to Burchett Johnson (SD)
Smith (NJ)
Barragán Gallego Neal Burgess Jordan
these challenges; whether we are will- Bass Garamendi Neguse Smucker
Byrne Joyce (OH)
ing to rise above knee-jerk partisan- Beatty Garcı́a (IL) Norcross Calvert Joyce (PA)
Spano
ship of the moment and put what is Bera Garcia (TX) O’Halleran Carter (GA) Katko Stefanik
Beyer Golden Ocasio-Cortez Steil
best for our country and this institu- Bishop (GA) Gomez Omar
Chabot Keller
Steube
tion first ahead of the next great sound Cheney Kelly (MS)
Blumenauer Gottheimer Pallone Cline Kelly (PA) Stewart
bite and before the next election. Blunt Rochester Green, Al (TX) Panetta Cloud King (IA) Stivers
In all my time here, I have seen us do Bonamici Grijalva Pappas Cole King (NY) Taylor
Boyle, Brendan Haaland Pascrell Thompson (PA)
that again and again, whether we face F. Harder (CA) Payne
Collins (GA) Kinzinger
Thornberry
Comer Kustoff (TN)
war or terrorism or natural disaster. I Brindisi Hastings Pelosi Conaway LaHood Timmons
was proud of the way we came together Brown (MD) Hayes Perlmutter Cook LaMalfa Tipton
on prior coronavirus bills, too. Brownley (CA) Heck Peters Crawford Lamborn Turner
Bustos Higgins (NY) Peterson Upton
But I worry that something is chang- Butterfield Himes Phillips
Crenshaw Latta
Van Drew
Curtis Lesko
ing on the other side. It is deeply con- Carbajal Horn, Kendra S. Pingree Davidson (OH) Long Wagner
cerning to see the President throw up Cárdenas Horsford Pocan Davis, Rodney Loudermilk Walberg
his hands and essentially say, Carson (IN) Houlahan Porter Diaz-Balart Luetkemeyer Walden
Cartwright Hoyer Pressley Duncan Massie Walker
‘‘Enough.’’ He has declared victory on Case Jackson Lee Price (NC) Waltz
Dunn Mast
testing, despite it being out of reach Casten (IL) Jayapal Quigley Emmer McCarthy Watkins
for most Americans. Castor (FL) Jeffries Raskin Estes McCaul Weber (TX)
The Senate majority leader has es- Castro (TX) Johnson (GA) Rice (NY) Ferguson McClintock Webster (FL)
Chu, Judy Kaptur Richmond Fitzpatrick McKinley Wenstrup
sentially said he is hitting pause on Cicilline Keating Rose (NY) Westerman
Fleischmann Meuser
doing anything else related to this pan- Cisneros Kelly (IL) Rouda Flores Miller Williams
demic for the time being. Clark (MA) Kennedy Ruiz Fortenberry Moolenaar Wilson (SC)
Clarke (NY) Khanna Ruppersberger
And there are some on the other side Clay Kildee Rush
Foxx (NC) Mooney (WV) Wittman
Fulcher Mullin Womack
of this Chamber who want to conduct Cleaver Kilmer Ryan Woodall
Gaetz Murphy (NC)
business as usual around here as if Clyburn Kim Sánchez Gallagher Newhouse Yoho
nothing has changed. We hear it today Cohen Kind Sarbanes Gianforte Norman Young
Connolly Krishnamoorthi Scanlon Gibbs Nunes Zeldin
on the floor. Some Members get up and Cooper Kuster (NH) Schakowsky
downplay this pandemic like it is no Correa Lamb Schiff NOT VOTING—29
big deal. It is like we are living in ‘‘The Costa Langevin Schneider Carter (TX) Lieu, Ted Ratcliffe
Courtney Larsen (WA) Schrader
Twilight Zone.’’ Cox (CA) Larson (CT) Schrier
DeSaulnier Lipinski Rooney (FL)
We are at the start of this pandemic, DesJarlais Lofgren Roybal-Allard
Craig Lawrence Scott (VA) Gonzalez (TX) Lowey
Madam Speaker, not the end, and if we Serrano
Crist Lawson (FL) Scott, David Granger Lucas
Crow Lee (CA) Sewell (AL) Shimkus
run into our respective partisan cor- Hollingsworth Marchant Stauber
Cuellar Lee (NV) Shalala
ners now, what example are we setting? Cunningham Levin (CA) Sherman
Huffman Marshall Walorski
Things could get worse in the fall, and Johnson (TX) McHenry Wilson (FL)
Davids (KS) Levin (MI) Sherrill Kirkpatrick Mitchell
what then? Davis (CA) Loebsack Sires Wright
Lewis Napolitano
Madam Speaker, we need to act, and Davis, Danny K. Lowenthal Slotkin
we need to act boldly and immediately, Dean Luján Smith (WA) b 1121
DeFazio Luria Soto
and that includes passing this rule. It DeGette Lynch Spanberger Mr. FULCHER changed his vote from
means passing the HEROES Act, and it DeLauro Malinowski Speier ‘‘yea’’ to ‘‘nay.’’
means making these temporary DelBene Maloney, Stanton Mses. BASS, PORTER, and OCASIO-
Delgado Carolyn B. Stevens
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
changes to allow for virtual committee Demings Maloney, Sean Suozzi
CORTEZ changed their vote from
proceedings and remote floor voting Deutch Matsui Swalwell (CA) ‘‘nay’’ to ‘‘yea.’’
during this pandemic. This is what the Dingell McAdams Takano So the previous question was ordered.
moment requires. Doggett McBath Thompson (CA) The result of the vote was announced
Doyle, Michael McCollum Thompson (MS)
The material previously referred to F. McEachin Titus
as above recorded.
by Mr. COLE is as follows: Engel McGovern Tlaib Stated for:
AMENDMENT TO HOUSE RESOLUTION 967 Escobar McNerney Tonko Mrs. NAPOLITANO. Madam Speaker, I was
At the end of the resolution, add the fol-
Eshoo Meeks Torres (CA) absent during roll call vote No. 105. Had I
Espaillat Meng Torres Small been present, I would have voted ‘‘yea’’ on
lowing: Evans Mfume (NM)
Sec. 13. Notwithstanding any other section Finkenauer Moore Trahan Ordering the Previous Question on H. Res.
of this resolution, an affirmative vote of Fletcher Morelle Trone 965.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE CORRECTION H2019
The SPEAKER pro tempore. The Burchett Hollingsworth Rice (SC) b 1246
Burgess Hudson Riggleman
question is on the resolution. Byrne Huizenga Roby AFTER RECESS
The question was taken; and the Calvert Hurd (TX) Rodgers (WA)
Speaker pro tempore announced that Carter (GA) Jayapal Roe, David P. The recess having expired, the House
the ayes appeared to have it. Chabot Johnson (LA) Rogers (AL) was called to order by the Speaker pro
Cheney Johnson (OH) Rogers (KY) tempore (Mr. CUELLAR) at 12 o’clock
Mr. WOODALL. Madam Speaker, on Cline Johnson (SD) Rose, John W.
that I demand the yeas and nays. Cloud Jordan and 46 minutes p.m.
Rouzer
The yeas and nays were ordered. Cole Joyce (OH) Roy f
Collins (GA) Joyce (PA)
The vote was taken by electronic de- Rutherford
Comer Katko
Scalise
AUTHORIZING REMOTE VOTING BY
vice, and there were—yeas 207, nays Conaway Keller
Schweikert PROXY AND PROVIDING FOR OF-
199, not voting 24, as follows: Cook Kelly (MS)
Crawford Kelly (PA)
Scott, Austin FICIAL REMOTE COMMITTEE
[Roll No. 106] Crenshaw Khanna Sensenbrenner PROCEEDINGS DURING A PUBLIC
Simpson
YEAS—207 Curtis King (IA)
Smith (MO)
HEALTH EMERGENCY DUE TO A
Davidson (OH) King (NY) NOVEL CORONAVIRUS
Adams Gabbard Norcross Smith (NE)
Davis, Rodney Kinzinger
Aguilar Gallego O’Halleran Smith (NJ)
Allred Garamendi Pallone
Diaz-Balart Kustoff (TN) Mr. MCGOVERN. Mr. Speaker, pursu-
Duncan LaHood Smucker
Barragán Garcia (TX) Panetta Spanberger
ant to House Resolution 967, I call up
Dunn LaMalfa
Bass Golden Pappas Emmer Lamb Spano the resolution (H. Res. 965) authorizing
Beatty Gomez Pascrell
Bera Gottheimer
Estes Lamborn Stauber remote voting by proxy in the House of
Payne Ferguson Latta Stefanik
Beyer Green, Al (TX) Pelosi Representatives and providing for offi-
Finkenauer Lesko Steil
Bishop (GA) Grijalva Perlmutter Fitzpatrick Long Steube
cial remote committee proceedings
Blumenauer Haaland Peters during a public health emergency due
Fleischmann Loudermilk Stevens
Blunt Rochester Harder (CA) Peterson
Bonamici Hastings
Flores Luetkemeyer Stewart to a novel coronavirus, and for other
Phillips Fortenberry Massie
Boyle, Brendan Hayes Stivers purposes, and ask for its immediate
Pingree Foxx (NC) Mast Taylor
F. Heck Price (NC) Fulcher McCarthy consideration.
Brindisi Higgins (NY) Thompson (PA)
Brown (MD) Himes
Quigley Gaetz McCaul Thornberry The Clerk read the title of the resolu-
Raskin Gallagher McClintock
Brownley (CA) Horn, Kendra S. Rice (NY)
Timmons tion.
Garcı́a (IL) McHenry
Bustos Horsford Richmond Gianforte McKinley
Tipton The SPEAKER pro tempore. Pursu-
Butterfield Houlahan Tlaib
Rose (NY) Gibbs Meuser ant to House Resolution 967, the resolu-
Carbajal Hoyer Turner
Rouda Gohmert Miller tion is considered read.
Cárdenas Huffman Ruiz Upton
Gonzalez (OH) Moolenaar The text of the resolution is as fol-
Carson (IN) Jackson Lee Ruppersberger Van Drew
Gooden Mooney (WV)
Cartwright Jeffries Rush Gosar Mullin
Wagner lows:
Case Johnson (GA) Ryan Walberg
Graves (GA) Murphy (NC) H. RES. 965
Casten (IL) Kaptur Sánchez Walden
Graves (LA) Newhouse
Castor (FL) Keating Sarbanes Graves (MO) Norman Walker Resolved,
Castro (TX) Kelly (IL) Scanlon Waltz SECTION 1. AUTHORIZATION OF REMOTE VOTING
Green (TN) Nunes
Chu, Judy Kennedy Watkins BY PROXY DURING PUBLIC HEALTH
Schakowsky Griffith Ocasio-Cortez
Cicilline Kildee Weber (TX) EMERGENCY DUE TO NOVEL
Schiff Grothman Olson
Cisneros Kilmer Webster (FL) CORONAVIRUS.
Schneider Guest Omar
Clark (MA) Kim Wenstrup
Schrader Guthrie Palazzo (a) AUTHORIZATION.—Notwithstanding rule
Clarke (NY) Kind Westerman
Schrier Hagedorn Palmer III, at any time after the Speaker or the
Clay Krishnamoorthi Williams
Scott (VA) Harris Pence Speaker’s designee is notified by the Ser-
Cleaver Kuster (NH) Wilson (SC)
Scott, David Hartzler Perry
Clyburn Langevin
Hern, Kevin Pocan Wittman geant-at-Arms, in consultation with the At-
Sewell (AL)
Cohen Larsen (WA) Womack tending Physician, that a public health
Shalala Herrera Beutler Porter
Connolly Larson (CT) Woodall emergency due to a novel coronavirus is in
Sherman Hice (GA) Posey
Cooper Lawrence
Sherrill Higgins (LA) Pressley Yoho effect, the Speaker or the Speaker’s des-
Correa Lawson (FL) Young
Sires Hill (AR) Reed ignee, in consultation with the Minority
Costa Lee (CA)
Slotkin Holding Reschenthaler Zeldin Leader or the Minority Leader’s designee,
Courtney Lee (NV)
Cox (CA) Levin (CA) Smith (WA) NOT VOTING—24 may designate a period (hereafter in this res-
Craig Levin (MI) Soto olution referred to as a ‘‘covered period’’)
Speier Carter (TX) Lieu, Ted Ratcliffe
Crist Loebsack during which a Member who is designated by
Stanton DeSaulnier Lipinski Rooney (FL)
Crow Lowenthal another Member as a proxy in accordance
Suozzi DesJarlais Lofgren Roybal-Allard
Cuellar Lowey
Swalwell (CA) Gonzalez (TX) Lucas Serrano with section 2 may cast the vote of such
Cunningham Luján
Takano Granger Marchant Shimkus other Member or record the presence of such
Davids (KS) Luria
Thompson (CA) Johnson (TX) Marshall Walorski other Member in the House.
Davis (CA) Lynch
Thompson (MS) Kirkpatrick Mitchell Wilson (FL) (b) LENGTH OF COVERED PERIOD.—
Davis, Danny K. Malinowski
Titus Lewis Napolitano Wright
Dean Maloney, (1) IN GENERAL.—Except as provided in
Tonko
DeFazio Carolyn B.
Torres (CA)
b 1228 paragraphs (2) and (3), a covered period shall
DeGette Maloney, Sean terminate 45 days after the Speaker or the
DeLauro Matsui Torres Small Mr. GUEST changed his vote from
(NM) Speaker’s designee designates such period.
DelBene McAdams ‘‘yea’’ to ‘‘nay.’’ (2) EXTENSION.—If, during a covered period,
Delgado McBath Trahan
Trone
Mrs. DINGELL changed her vote the Speaker or the Speaker’s designee re-
Demings McCollum
Deutch McEachin Underwood from ‘‘nay’’ to ‘‘yea.’’ ceives further notification from the Ser-
Dingell McGovern Vargas So the resolution was agreed to. geant-at-Arms, in consultation with the At-
Doggett McNerney Veasey The result of the vote was announced tending Physician, that the public health
Doyle, Michael Meeks Vela as above recorded. emergency due to a novel coronavirus re-
F. Meng Velázquez
Visclosky
A motion to reconsider was laid on mains in effect, the Speaker or the Speaker’s
Engel Mfume
Escobar Moore Wasserman the table. designee, in consultation with the Minority
Eshoo Morelle Schultz Stated for: Leader or the Minority Leader’s designee,
Espaillat Moulton Waters Mrs. NAPOLITANO. Madam Speaker, I was may extend the covered period for an addi-
Evans Mucarsel-Powell Watson Coleman absent during roll call vote No. 106. Had I tional 45 days.
Fletcher Murphy (FL) Welch (3) EARLY TERMINATION.—If, during a cov-
Foster Nadler Wexton
been present, I would have voted ‘‘yea’’ on
ered period, the Speaker or the Speaker’s
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
Frankel Neal Wild Agreeing to the Resolution H. Res. 965.
designee receives further notification by the
Fudge Neguse Yarmuth f Sergeant-at-Arms, in consultation with the
NAYS—199 RECESS Attending Physician, that the public health
Abraham Bacon Bishop (UT) emergency due to a novel coronavirus is no
Aderholt Baird Bost
The SPEAKER pro tempore. Pursu- longer in effect, the Speaker or the Speak-
Allen Balderson Brady ant to clause 12(a) of rule I, the Chair er’s designee shall terminate the covered pe-
Amash Banks Brooks (AL) declares the House in recess for a pe- riod.
Amodei Barr Brooks (IN) riod of less than 15 minutes. SEC. 2. PROCESS FOR DESIGNATION OF PROXIES.
Armstrong Bergman Buchanan
Arrington Biggs Buck
Accordingly (at 12 o’clock and 31 (a) IN GENERAL.—
Axne Bilirakis Bucshon minutes p.m.), the House stood in re- (1) DESIGNATION BY SIGNED LETTER.—In
Babin Bishop (NC) Budd cess. order for a Member to designate another
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