House Pages on H. Res. 965 and H.R. 6800, May 15, 2020 — Congressional Record
Summary
House pages of the Congressional Record for May 15, 2020, beginning at page H2019. Mr. McGovern calls up House Resolution 965 (H. Res. 965), authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus. Roll No. 106 records yeas 207, nays 199 and not voting 24, and the Speaker pro tempore announces that the resolution was agreed to. The printed resolution text sets a covered period that terminates 45 days after designation and sets out the designation of proxies by signed letter. The last portion prints H.R. 6800, which may be cited as "The Heroes Act".
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 Pages on H. Res. 965 and H.R. 6800, 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-pgh2019-3-41ff91f36a/
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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
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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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H2020 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Member as a proxy for purposes of section 1, SEC. 4. AUTHORIZING REMOTE PROCEEDINGS IN (e) TRANSPARENCY FOR MEETINGS AND
the Member shall submit to the Clerk a COMMITTEES. HEARINGS.—Any committee meeting or hear-
signed letter (which may be in electronic (a) AUTHORIZATION.—During any covered ing that is conducted remotely in accordance
form) specifying by name the Member who is period, and notwithstanding any rule of the with the regulations referred to in sub-
designated for such purposes. House or its committees— section (h)—
(2) ALTERATION OR REVOCATION OF DESIGNA- (1) any committee may conduct pro- (1) shall be considered open to the public;
TION.— ceedings remotely in accordance with this (2) shall be deemed to have satisfied the re-
(A) IN GENERAL.—At any time after submit- section, and any such proceedings conducted quirement for non-participatory attendance
ting a letter to designate a proxy under para- remotely shall be considered as official pro- under clause 2(g)(2)(C) of rule XI; and
graph (1), a Member may submit to the Clerk ceedings for all purposes in the House; (3) shall be deemed to satisfy all require-
a signed letter (which may be in electronic (2) committee members may participate ments for broadcasting and audio and visual
form) altering or revoking the designation. remotely during in-person committee pro- coverage under rule V, clause 4 of rule XI,
(B) AUTOMATIC REVOCATION UPON CASTING ceedings, and committees shall, to the great- and accompanying committee rules.
OF VOTE OR RECORDING OF PRESENCE.—If dur- est extent practicable, ensure the ability of (f) SUBPOENAS.—
ing a covered period, a Member who has des- members to participate remotely; (1) AUTHORITY.—Any committee or chair
ignated another Member as a proxy under (3) committee members may cast a vote or thereof empowered to authorize and issue
this section casts the Member’s own vote or record their presence while participating re- subpoenas may authorize and issue sub-
records the Member’s own presence in the motely; poenas for return at a hearing or deposition
House, the Member shall be considered to (4) committee members participating re- to be conducted remotely under this section.
have revoked the designation of any proxy motely pursuant to this section shall be (2) USE OF ELECTRONIC SIGNATURE AND
under this subsection with respect to such counted for the purpose of establishing a SEAL.—During any covered period, author-
covered period. quorum under the rules of the House and the ized and issued subpoenas may be signed in
(3) NOTIFICATION.—Upon receipt of a letter committee; electronic form; and the Clerk may attest
submitted by a Member pursuant to para- (5) witnesses at committee proceedings and affix the seal of the House to such sub-
graphs (1) or (2), the Clerk shall notify the may appear remotely; poenas in electronic form.
Speaker, the majority leader, the Minority (6) committee proceedings conducted re- (g) EXECUTIVE SESSIONS.—
Leader, and the other Member or Members motely are deemed to satisfy the require- (1) PROHIBITION.—A committee may not
involved of the designation, alteration, or ment of a ‘‘place’’ for purposes of clauses conduct closed or executive session pro-
revocation. 2(g)(3) and 2(m)(1) of rule XI; and ceedings remotely, and members may not
(4) LIMITATION.—A Member may not be des- (7) reports of committees (including those participate remotely in closed or executive
ignated as a proxy under this section for filed as privileged) may be delivered to the session proceedings.
more than 10 Members concurrently. Clerk in electronic form, and written and (2) MOTION TO CLOSE PROCEEDINGS.—Upon
(b) MAINTENANCE AND AVAILABILITY OF LIST signed views under clause 2(l) of rule XI may adoption of a motion to close proceedings or
OF DESIGNATIONS.—The Clerk shall maintain be filed in electronic form with the clerk of to move into executive session with respect
an updated list of the designations, alter- the committee. to a proceeding conducted remotely under
ations, and revocations submitted or in ef- (b) LIMITATION ON BUSINESS MEETINGS.—A this section, the chair shall declare the com-
fect under subsection (a), and shall make committee shall not conduct a meeting re- mittee in recess subject to the call of the
such list publicly available in electronic motely or permit remote participation at a chair with respect to such matter until it
form and available during any vote con- meeting under this section until a member of can reconvene in person.
ducted pursuant to section 3. the committee submits for printing in the (3) EXCEPTION.—Paragraphs (1) and (2) do
Congressional Record a letter from a major- not apply to proceedings of the Committee
SEC. 3. PROCESS FOR VOTING DURING COVERED
ity of the members of the committee noti- on Ethics.
PERIODS.
fying the Speaker that the requirements for (h) REGULATIONS.—This section shall be
(a) RECORDED VOTES ORDERED.— conducting a meeting in the regulations re- carried out in accordance with regulations
(1) IN GENERAL.—Notwithstanding clause 6 ferred to in subsection (h) have been met and submitted for printing in the Congressional
of rule I, during a covered period, the yeas that the committee is prepared to conduct a Record by the chair of the Committee on
and nays shall be considered as ordered on remote meeting and permit remote partici- Rules.
any vote on which a recorded vote or the pation. (i) APPLICATION TO SUBCOMMITTEES AND SE-
yeas and nays are requested, or which is ob- (c) REMOTE PROCEEDINGS.—Notwith- LECT COMMITTEES.—For purposes of this sec-
jected to under clause 6 of rule XX. standing any rule of the House or its com- tion, the term ‘‘committee’’ or ‘‘commit-
(2) INDICATIONS OF PROXY STATUS.—In the mittees, during proceedings conducted re- tees’’ also includes a subcommittee and a se-
case of a vote by electronic device, a Member motely pursuant to this section— lect committee.
who casts a vote or records a presence as a (1) remote participation shall not be con- SEC. 5. STUDY AND CERTIFICATION OF FEASI-
designated proxy for another Member under sidered absence for purposes of clause 5(c) of BILITY OF REMOTE VOTING IN
this resolution shall do so by ballot card, in- rule X or clause 2(d) of rule XI; HOUSE.
dicating on the ballot card ‘‘by proxy’’. (2) the chair may declare a recess subject (a) STUDY AND CERTIFICATION.—The chair of
(b) DETERMINATION OF QUORUM.—Any Mem- to the call of the chair at any time to ad- the Committee on House Administration, in
ber whose vote is cast or whose presence is dress technical difficulties with respect to consultation with the ranking minority
recorded by a designated proxy under this such proceedings; member, shall study the feasibility of using
resolution shall be counted for the purpose of (3) copies of motions, amendments, meas- technology to conduct remote voting in the
establishing a quorum under the rules of the ures, or other documents submitted to the House, and shall provide certification to the
House. committee in electronic form as prescribed House upon a determination that operable
(c) INSTRUCTIONS FROM MEMBER AUTHOR- by the regulations referred to in subsection and secure technology exists to conduct re-
IZING PROXY.— (h) shall satisfy any requirement for the sub- mote voting in the House.
(1) RECEIVING INSTRUCTIONS.—Prior to cast- mission of printed or written documents (b) REGULATIONS.—
ing the vote or recording the presence of an- under the rules of the House or its commit- (1) INITIAL REGULATIONS.—On any legisla-
other Member as a designated proxy under tees; tive day that follows the date on which the
this resolution, the Member shall obtain an (4) the requirement that results of recorded chair of the Committee on House Adminis-
exact instruction from the other Member votes be made available by the committee in tration provides the certification described
with respect to such vote or quorum call, in its offices pursuant to clause 2(e)(1)(B)(i) of in subsection (a), the chair of the Committee
accordance with the regulations referred to rule XI shall not apply; on Rules, in consultation with the ranking
in section 6. (5) a committee may manage the consider- minority member, shall submit regulations
(2) ANNOUNCING INSTRUCTIONS.—Imme- ation of amendments pursuant to the regula- for printing in the Congressional Record that
diately prior to casting the vote or recording tions referred to in subsection (h); provide for the implementation of remote
the presence of another Member as a des- (6) counsel shall be permitted to accom- voting in the House.
ignated proxy under this resolution, the pany witnesses at a remote proceeding in ac- (2) SUPPLEMENTAL REGULATIONS.—At any
Member shall seek recognition from the cordance with the regulations referred to in time after submitting the initial regulations
Chair to announce the intended vote or re- subsection (h); and under paragraph (1), the chair of the Com-
corded presence pursuant to the exact in- (7) an oath may be administered to a wit- mittee on Rules, in consultation with the
struction received from the other Member ness remotely for purposes of clause 2(m)(2) ranking minority member, may submit regu-
under paragraph (1). of rule XI. lations to supplement the initial regulations
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(3) FOLLOWING INSTRUCTIONS.—A Member (d) REMOTE PARTICIPANTS DURING IN-PER- submitted under such paragraph for printing
casting the vote or recording the presence of SON PROCEEDINGS.—All relevant provisions of in the Congressional Record.
another Member as a designated proxy under this section and the regulations referred to (c) IMPLEMENTATION.—Notwithstanding
this resolution shall cast such vote or record in subsection (h) shall apply to committee any rule of the House, upon notification of
such presence pursuant to the exact instruc- members participating remotely during in- the House by the Speaker after the submis-
tion received from the other Member under person committee proceedings held during sion of regulations by the chair of the Com-
paragraph (1). any covered period. mittee on Rules under subsection (b)—
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2021
(1) Members may cast their votes or record tant—not just about protecting Mem- stitutional experts, and conversations
their presence in the House remotely during bers of Congress. This is about pro- among a bipartisan task force. This
a covered period; tecting all of those who come in con- resolution has been strengthened by
(2) any Member whose vote is cast or whose
tact with us. this deliberative process, and it con-
presence is recorded remotely under this sec-
tion shall be counted for the purpose of es- Now, any of us could have the virus tains many provisions suggested by my
tablishing a quorum under the rules of the and not even know it. We could be Republican friends. It is now time to
House; and asymptomatic but be carriers nonethe- act.
(3) the casting of votes and the recording of less. Convening Congress must not turn Now, some communities have turned
presence remotely under this section shall be into a superspreader event. the corner with this virus, and I hope
subject to the applicable regulations sub- Technology has changed considerably that continues. Medical experts tell us,
mitted by the chair of the Committee on over the last 231 years. There are now however, that a second wave this fall
Rules under subsection (b). tools available that make temporary could be even more damaging than
SEC. 6. REGULATIONS.
committee proceedings and remote what we are seeing now. So as we hope
To the greatest extent practicable, sec-
tions 1, 2, and 3 of this resolution shall be voting on the House floor possible—not for the best, we must prepare for the
carried out in accordance with regulations forever, just temporarily during this worst. Anything less would be a dere-
submitted for printing in the Congressional emergency. liction of our responsibility.
Record by the chair of the Committee on Now, some on the other side seem to Mr. Speaker, I urge all of my col-
Rules. think that temporarily embracing leagues to join with us in supporting
The SPEAKER pro tempore. The res- technology during this pandemic is a this resolution. Let’s adapt the way
olution shall be debatable for 1 hour, radical idea. this institution has always done. And
equally divided and controlled by the Well, let me say this loud and clear let’s make sure that we can continue
chair and ranking minority member of to my colleagues, Mr. Speaker: If any- legislating during this pandemic, no
the Committee on Rules. one tells you you would be giving away matter what the future may bring.
The gentleman from Massachusetts your vote with remote voting by proxy, Mr. Speaker, I reserve the balance of
(Mr. MCGOVERN) and the gentleman this is just a lie. Plain and simple, it is my time.
from Oklahoma (Mr. COLE) each will just not true. Mr. COLE. Mr. Speaker, I yield my-
control 30 minutes. What would be radical is if this self such time as I may consume.
The Chair recognizes the gentleman House did nothing, if we made Members Mr. Speaker, we have worked long
from Massachusetts. decide between spreading a deadly and hard together and tried to do so co-
GENERAL LEAVE virus or legislating for the American operatively. As my friend said, there
Mr. MCGOVERN. Mr. Speaker, I ask people. That is a false choice. We can are a number of things in here we have
unanimous consent that all Members and we should do both. worked on together but, in the end, we
be given 5 legislative days to revise and At least 16 States, 10 countries, and were unable to reach an agreement.
extend their remarks. the European Parliament have all im- Mr. Speaker, we are back here to
The SPEAKER pro tempore. Is there plemented some form of remote proce- consider the resolution representing
objection to the request of the gen- dures to safely conduct official pro- the most consequential change to the
tleman from Massachusetts? ceedings during this pandemic. With rules of the House of Representatives
There was no objection. this resolution, this House can finally in my time in Congress, and possibly
Mr. MCGOVERN. Mr. Speaker, we are join them. the most consequential rules change
in the midst of a pandemic, the likes of Now, let me repeat: We are not sug- since the establishment of the modern
which the world hasn’t seen in more gesting permanent changes. No one be- committee system in the Legislative
than 100 years. lieves we do our best work in person Reorganization Act of 1946.
The question before us today is a
and side by side more than me, Mr. Today, Mr. Speaker, the majority is
simple one: Will this institution, which
Speaker. Remote legislating will only proposing, for the first time in our his-
has adapted to challenges and tech-
be utilized so long as this pandemic tory, a system of proxy voting on the
nology time and time again throughout
continues. floor of the House of Representatives.
its history, adapt so that we can con-
Mr. Speaker, this is the type of That change also allows for the adop-
tinue legislating during this public
adapting that this House has always tion of a totally remote voting proce-
health emergency.
Medical experts have told us that done. Our Founders did not vote by dure upon the certification of a single
COVID–19 is up to three times more electronic device, but we do. Constitu- Member of Congress. Second, it would
contagious than the flu. That means, ents, decades ago, couldn’t watch floor allow for committees to perform re-
in a normal cycle of this virus, just one proceedings live on C–SPAN or listen mote proceedings, including markups.
person with coronavirus could kick off to them on the radio, but ours can. Above all else, Mr. Speaker, Repub-
a snowball effect that leads to up to Changes were made to our quorum re- licans believe that any change to cen-
59,000 new infections. quirement time and time again, includ- turies-old rules of the House should
Now think about that. ing most recently after the September only be done in a bipartisan way that
And then think about the way we 11 attacks. And I could go on and on achieves consensus. Unfortunately,
normally operate here. Members travel and on and on. these proposed rules changes do not
frequently from their home States, Believe it or not, adapting is action meet that goal.
some of which are coronavirus hot in this institution’s DNA. There are al- While I have no doubt of the chair-
spots, to convene together here in the ways those quick to proclaim that any man’s good intentions, I believe these
Capitol complex. Then we travel back change means ending the House as we changes will fundamentally alter the
home at the end of the week. And we know it. But you know what, Mr. nature of the institution, and not for
repeat this process month after month Speaker? The sky did not fall, and the the better. As such, I simply cannot
after month. House continues its work. support them.
Along the way, we come in contact So I don’t say this to make light of Mr. Speaker, though this resolution
with fellow travelers, colleagues, the what we are doing here today. What we is intended only to deal with the
general public, press, and the hundreds are doing is serious. It is a big deal. My present public health emergency, we
and hundreds of people who help make State of Massachusetts has one of the must never forget that the temporary
this House operate. There is no telling oldest legislatures in the country, but changes that we make today become
who among them could have com- even they changed their rules to allow the precedent that we follow tomorrow.
promised immune systems, preexisting for remote voting. I am deeply concerned that shifting to
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conditions, or other heightened risks You can respect tradition without remote activity, both in the form of
for illness. But we know just how easy blinding yourself of the need to make proxy voting and the form of remote
this virus spreads among those with temporary changes when necessary, committee work, will fundamentally
strong immune systems. and today is one of those times. This change the way the House operates and
That is why the choices that each resolution comes after careful study, will remove the collegial environment
one of us makes are especially impor- months of talks, feedback from con- we enjoy when we meet in person, get
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H2022 CONGRESSIONAL RECORD — HOUSE May 15, 2020
to know one another, and use our cordance with the specific and exact instruc- what others have ordered of them.
knowledge of each legislator as a per- tion from the Member. Some argue—and we have heard this
The Constitution bestows on each House of
son to move toward bipartisan con- just recently—that because we are ask-
Congress broad discretion to determine the
sensus. I fear that that would be lost in rules for its own proceedings. Article I, sec- ing our frontline heroes to show up at
remote activity. tion 5 of the Constitution says: ‘‘Each House work, we lawmakers should be required
I am also deeply concerned that these may determine the Rules of its proceedings.’’ to convene here in D.C. But that argu-
changes will not pass constitutional This authority is expansive and would in- ment misses the point and dishonors
muster. Why we would risk exposing clude the ability to adopt a rule to permit our frontline workers, particularly
important legislation to obvious con- proxy voting. Nothing in the Constitution those healthcare workers who are beg-
specifies otherwise.
stitutional flaws does not make sense Moreover, if this were challenged in court,
ging people to stay home, to avoid non-
to me. it is very likely that the case would be dis- essential travel in order to slow the
Most of all, I am concerned that we missed as a political question. The Supreme spread of this deadly disease. They ask
are moving forward with these changes Court has ruled that challenges to the inter- others to stay home so that some day
on a partisan basis. Any change that is nal operation of Congress are not justiciable they can go home.
this consequential should only be done in the federal courts. See Field v. Clark, 143 We in Congress are not first respond-
after we reach bipartisan agreement— U.S. 649 (1892). Indeed, I have written, the ers or frontline healthcare workers, al-
Court often ‘‘has held that congressional
no matter how difficult it may be to though our frontline responders are
judgments pertaining to its internal govern-
achieve. ance should not be reviewed by the federal certainly counting on us to provide
Mr. Speaker, I think a bipartisan judiciary.’’ Erwin Chemerinsky, Constitu- them the resources they need. But we
agreement was possible on much of tional Law: Principles and Policies § 2.8.5 (6th can hold our meetings and conduct our
what my friends are trying to accom- ed. 2019). communications electronically. And
plish, but today’s resolution is simply Especially in the context of the current because of the space limitations cre-
public health emergency, it is highly un- ated by the need for physical
not it.
likely that any court would review and in-
I have a modest suggestion to my validate the procedures adopted by the
distancing, working remotely is prob-
friends: Let’s take appropriate cau- House of Representatives that would allow it ably the only way that all of our com-
tions and go back to work. That is to conduct its business without endangering mittees can function at the same time.
what the executive branch is doing. the health of its members and its staff. Like everyone else, I don’t want to
That is what the United States Senate Every branch of government is devising new give up the opportunity to work with
is doing. That is what millions of procedures to accomplish this. The Supreme my colleagues in person. Our inter-
Americans do each and every day. We Court, for example, will conduct oral argu- actions are too productive, and our re-
ments by telephone for the first time in its lationships are too valuable. But in the
should be no different. The House history. I am sure that the rules will ensure
should do the same. that the votes cast by proxy are accurate face of this once-in-a-lifetime global
Mr. Speaker, I urge my colleagues to and carefully recorded. pandemic, we need to overcome our de-
reject these rules changes today and I hope that this is helpful. Please do not fault position.
return to the drawing board so that we hesitate to let me know if I can be of further Remote voting is not cowardice. It is
can act together in a bipartisan man- assistance. leadership. Let’s live by the same rules
Sincerely, we impose on our fellow citizens. Let’s
ner to ensure that Congress can con-
ERWIN CHEMERINSKY. show by our actions that we ourselves
tinue to operate during this crisis.
Mr. Speaker, I urge opposition to the Mr. MCGOVERN. Mr. Speaker, in the take this threat seriously.
resolution, and I reserve the balance of letter, the dean states: ‘‘The Constitu- I want to thank the leadership of Mr.
my time. tion bestows on each House of Congress MCGOVERN and Ms. LOFGREN and all of
Mr. MCGOVERN. Mr. Speaker, I in- broad discretion to determine the rules the other folks who have worked on
for its own proceedings. . . . This au- this, including my friend, Mr. COLE,
clude in the RECORD a letter from
thority is expansive and would include and I urge support of this resolution.
Erwin Chemerinsky, the renowned con-
the ability to adopt a rule to permit Mr. COLE. Mr. Speaker, I yield 2
stitutional scholar and dean of Berke-
proxy voting. Nothing in the Constitu- minutes to the gentleman from Texas
ley School of Law, who actually wrote
tion specifies otherwise.’’ (Mr. THORNBERRY), my good friend and
the book on constitutional law, dis- I also just say to my friend that the
cussing his view that the remote vot- the distinguished ranking member of
White House isn’t operating as business the House Armed Services Committee.
ing process we are considering today as usual. My understanding is that the
would be constitutional. Mr. THORNBERRY. Mr. Speaker,
Vice President has been sequestered those of us on the Armed Services
BERKELEYLAW,
UNIVERSITY OF CALIFORNIA,
from the President. In addition to that, Committee are privileged to work
May 13, 2020. everybody in the White House is being around, with, and for the men and
Chairman MCGOVERN and Ranking Member tested multiple times before they can women who serve in the military.
COLE, even get near the President. A lot of Every one of them is a volunteer.
House of Representatives, Washington, DC. the work is being done by video con- Every one of them expects reasonable
DEAR CHAIRMAN MCGOVERN AND RANKING ference. So even they are doing things precautions with their health and safe-
MEMBER COLE: I have been asked for my view differently.
as to whether the House of Representatives ty and well-being. But every one of
Mr. Speaker, I yield 2 minutes to the
could constitutionally adopt a rule to permit them knows that in carrying out their
gentleman from California (Mr.
remote voting by proxy. As explained below, duties, there is some risk that goes
PETERS).
I believe that this would be constitutional with it, and they carry out their duties
and it is very unlikely that any court would b 1300 admirably.
invalidate such a rule, especially in light of Mr. PETERS. Mr. Speaker, I rise What a contrast to what we are see-
the current public health emergency. ing with this resolution. I think one of
My understanding is that the system of re-
today in support of H. Res. 965 to au-
thorize remote voting and to continue the proudest times I have had in this
mote voting by proxy that is being consid-
ered would have some key features: committee proceedings remotely dur- House over the last 25 years has been
Low-tech remote voting process through ing the public health emergency of on 9/11 and the days thereafter. That
proxy voting COVID–19. very evening, Members gathered on the
Some number of Members would be present Governors and mayors across the Na- steps of the Capitol, and in the days
on the Floor for debate and in-Chamber vot- tion have ordered Americans to stay thereafter we went right back to work
ing home, to work from home, and avoid and passed the legislation that was
Proxy would be used to establish a quorum travel. Until we have adequate testing needed to deal with the terrorist
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and to register the yeas/nays threat.
or a vaccine to protect ourselves and
The proxy holder would be another Mem-
prevent our healthcare system from We were not even intimidated when
ber of the House
The proxy holder would have NO discretion being overwhelmed, the best we can do many of our offices were attacked by
on the vote. Instead, the proxy holder would here is to follow that advice. anthrax in the days thereafter. It was
be required (through the rule and accom- We in Congress must do what we not just about showing resolution to
panying regulations) to cast the vote in ac- have asked of our constituents and the terrorists; it was about showing the
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2023
country that we can come together and pandemic so that we can represent our is dealing with stage 4 cancer, getting
get our work done. What a contrast to constituents and shape legislation dur- treatment the last year at the Mayo
what we are seeing with this resolu- ing this crisis and do so safely in line Clinic, why I would be the one passion-
tion. with CDC guidelines. ately wanting everyone to travel and
Through the Civil War, 1918 flu, This resolution includes remote com- work in this Chamber, work in our
World War II, 9/11, throughout our his- mittee participation and proxy voting, committees. And it is because it is a
tory, there has never been proxy voting which are essential reforms during this bad idea for this House. It is a bad idea
on this floor. Members accepted the pandemic and key to giving the Amer- that we don’t do our jobs in person. We
risk and carried out their duties to the ican public the accountability and are setting a terrible example.
best of their ability. It was not about transparency they deserve. I am hoping Personally, though, I can tell you
technology; it was about trust and in- remote floor debate and voting are this: This is the job that I signed up
tegrity. next, and this paves the way. The Su- for. This is the job that I asked the
Were our predecessors so much brav- preme Court is doing it, and so can we. people of southern Minnesota for. And
er than we are? Were they more igno- State legislators, including Okla- this is the job that I want to do. It is
rant about the risk or more careless homa, and in my State of New Jersey, an honor to serve them. I think we
with their own safety? Was their sense and legislators around the world are should do it in person, work in com-
of their responsibility to the American doing it. We are behind here, and it is mittee in person, and do our jobs. And
people greater than ours? None of this time we step up. There is nothing ex- we can do it safely and responsibly.
makes sense. treme about working this way and I recommend a ‘‘no’’ vote.
But what makes the least sense of adapting during an emergency, just Mr. MCGOVERN. Mr. Speaker, the
all, Mr. Speaker, is that any Member of like all Americans have. gentleman should be happy to know
either party would support a resolution I am very grateful to Chairman under the proposal we have, he can
that allows any of us to vacate, even MCGOVERN, my good friend, a true come here anytime he wants. He can be
temporarily, the trust placed in us by statesman and institutionalist, and in his committee. He can be on this
voters and undermine the very founda- Representative LOFGREN, who has done floor and debate. But this is for those
tion of this representative democracy. an incredible job, for working with us who are in circumstances where that is
Our history is better than that. The in the Problem Solvers Caucus, with impossible. It provides an opportunity
voters deserve better than that. To me, Democrats and Republicans, as we have for them to participate as well.
Mr. Speaker, it is sad, rather des- continued making strides towards a Mr. Speaker, I yield 2 minutes to the
picable, and one of the darkest days in truly remote system. gentlewoman from Michigan (Ms. STE-
This debate and work are key for my
this institution. VENS).
district in north Jersey, which is at the
Mr. MCGOVERN. Mr. Speaker, I yield Ms. STEVENS. Mr. Speaker, I rise
epicenter of this crisis. Today’s bill
myself such time as I may consume. today to discuss the activity of the
also includes full reinstatement of the
Let me just say to the gentleman House Science, Space, and Technology
SALT deduction, giving New Jersey a
who just spoke, I am not intimidated, Committee, as we work through ex-
long-needed tax cut, something I have
and I am not afraid; none of us are traordinary circumstances to deliver
been fighting for for years. It also helps
here. This isn’t about any of that. This for the American people.
small businesses make ends meet, for
is about doing what is sensible, what is The Science Committee, under the
workers who aren’t sure they will get
in the public health interest. This is leadership of Chairwoman JOHNSON and
another paycheck, and for every other
not about us. It is about the people you Ranking Member LUCAS, has been hold-
single county and community so they
all come in contact with. ing briefings on topics such as infra-
can support teachers, cops, EMS, and
Those who walk around and don’t structure, energy jobs, vaccine devel-
firefighters.
wear masks, somehow as a display of But it starts with making sure our opments, through the great tech-
how unafraid they may be, may be car- system is built so we can do it, and to- nologies available to us over the world-
riers who are asymptomatic spreading day’s proposal does just that. We wide web. Each has been bipartisan.
this disease. should all support this legislation to One important focus has been our do-
This is a public health crisis. This is defend this institution, to protect it, mestic manufacturing role, retooling
different than what happened on 9/11. and to ensure that accountability and production lines to make the medical
This is a public health crisis; that is, transparency in this institution lives supplies needed to respond to the ongo-
somebody who is carrying this disease on forever in the greatest country in ing health crisis. This has been of par-
can spread it in a very aggressive way. the world. ticular importance for the Sub-
So please spare me the self-righteous I know we will get through this to- committee on Research and Tech-
kind of indignation over this. We are gether if we put country ahead of nology, which I chair, along with
supposed to follow the medical advice. party. Ranking Member BAIRD.
We are supposed to practice social Mr. COLE. Mr. Speaker, I yield 1 How do we open platforms and utilize
distancing. minute to the gentleman from Min- digital technologies for industrial col-
And yet, the Rules Committee, which nesota (Mr. HAGEDORN), my good friend laboration to solve big problems and
is the smallest committee in the Con- and a distinguished Member of this streamline our supply chain to get the
gress, had to meet in the Ways and body. medical supplies to those who need
Means Committee room, and we took Mr. HAGEDORN. Mr. Speaker, I be- them now?
up the whole room. We have 21 stand- lieve this is a bad idea for this institu- The Science Committee will continue
ing committees; I don’t know how tion and a terrible example for the Na- to do the work it has always done to
many subcommittees. Where does the tion. I recommend a ‘‘no’’ vote. meet the needs of the American people,
Armed Services Committee meet? You know, it is ironic that as our Na- to propel American manufacturing in-
Where does the Transportation Com- tion opens up and people go back to novation forward.
mittee meet? Maybe we can meet on work safely and responsibly into their I urge my colleagues to support this
the House floor, maybe one committee jobs, the House is making a move to fabulous resolution that will enable us
at a time. shut down, for all intents and purposes. to continue to do our work under great
I mean, the bottom line is, if we are You know, tens of millions of Ameri- and trying circumstances.
going to follow the medical advice, we cans throughout this outbreak, this Mr. COLE. Mr. Speaker, I yield 2
should not paralyze this institution. pandemic, have been out delivering and minutes to the gentleman from Arkan-
Mr. Speaker, I yield 11⁄2 minutes to producing our energy, our food, helping sas (Mr. WOMACK), my very good friend,
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the gentleman from New Jersey (Mr. with people in hospitals, policing our and the distinguished Republican rank-
GOTTHEIMER), a distinguished member neighborhoods. They have been doing ing member of the Budget Committee,
of this Chamber and a co-chair of the their jobs, and we should be doing our and a fellow member of the Appropria-
Problem Solvers. jobs in person moving forward. tions Committee.
Mr. GOTTHEIMER. Mr. Speaker, I You know, some might question why Mr. WOMACK. Mr. Speaker, born
rise today as Congress adapts for this a Member of Congress like myself, who from the people, the work of Congress
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H2024 CONGRESSIONAL RECORD — HOUSE May 15, 2020
is an integral part of our Nation. Or is Washington to vote and participate in The Framers likely assumed that members
it? Judging from the legislation that is official business in person during this of the chambers would gather in a single
before us right now, I am not so sure. pandemic puts the health of our con- room in order to conduct business. Ref-
erences to ‘‘assemble’’ and ‘‘attendance’’ in
But tracing back to the Civil War, stituents and ourselves at greater risk. the Constitution suggest as much. Congress
the Great Depression, World War II, 9/ All this traveling by so many Mem- could easily satisfy this narrow reading of
11, and many others, the House’s busi- bers of Congress will worsen the crisis these terms if each chamber met in cav-
ness has never ceased, even in the we are working to mitigate. If you ernous spaces. For instance, the Senate
toughest times in our country, and it don’t agree with the rule changes, I could meet in the baseball stadium where
should not cease today. urge you to reconsider. If you care the Washington Nationals play, while the
But instead of working safely, bring- about the health of your constituents, House could gather on the football field
ing back Members to the House, Speak- if you care about the health of your- where the Washington Redskins play. Then
legislators could easily sit several feet apart
er PELOSI has decided to pursue proxy self, your colleagues, and your staff, as they work.
voting. and if you really want to mitigate this But the chambers need not be so con-
Senators are back at work. Our mili- crisis, then support the temporary rule strained. Laws can have meaning and serve
tary is on point right now defending and vote ‘‘yes’’ on H. Res. 965. purposes without being tied to the tech-
our country in all corners of the world. Mr. COLE. Mr. Speaker, I yield 1 nology of a particular era. For instance,
Doctors, nurses, grocery workers, minute to the gentleman from Cali- modem presidents have signed legislation by
truck drivers, delivery personnel, they fornia (Mr. MCCLINTOCK), my very good autopen, even though this technology is
are showing up every day. They are not somewhat new. The justification for this is
friend.
that so long as the president makes a deci-
shirking from their duty. Shouldn’t the b 1315 sion about whether to approve a bill, the me-
House lead by example? chanics of putting pen to parchment are ir-
New House procedures might very Mr. MCCLINTOCK. Mr. Speaker, the
relevant. The same holds true for the Su-
well be necessary, but any change to word ‘‘congress’’ literally means the preme Court. The justices have reached deci-
the centuries-old rules that could fun- act of coming together and meeting. sions by phone, sometimes hundreds of miles
damentally alter this institution The Constitution calls for representa- away from Washington. Six justices are nec-
should never be done without bipar- tives to attend, to assemble, and to essary to conduct business, and they have
tisan support. And we are not seeing meet. Congress is a deliberative body, concluded that voting by phone on impor-
and by its very nature, that requires tant matters satisfies that requirement.
that. Congress could do something similar. The
This proposal runs counter to the the people’s representatives to interact
Framers perhaps demanded no more than for
Constitution, and it marginalizes, in with each other, both through formal legislators to debate and collectively reach
my strong opinion, Mr. Speaker, the proceedings as well as through the decisions in real time. The internet permits
lawmaking process. countless informal conversations that that live discussion and passing laws, either
We need transparency, account- are the unique product of coming to- by voice vote or by roll call. With the advent
ability, not procedures that further gether and meeting. of technology, one chamber can ‘‘assemble’’
centralize the decision-making of our Fulfilling that duty, Congress has virtually on Zoom, while legislators can also
met throughout every war and pan- attend meetings in Google. A chamber can
country into the hands of a select few. sit to conduct business online.
We must get back to regular order, and demic that has come before us. We ex-
The more general point is that if legisla-
this is not the path back to regular pect grocery clerks to show up at 4:00 tors are monitoring proceedings in Congress
order. in the morning to restock the shelves, online and can vote remotely, they are in
Mr. MCGOVERN. Mr. Speaker, I yield but the House of Representatives is ‘‘attendance’’ and can be present for
myself such time as I may consume. going to phone it in? quorums. What is good for the president and
I am happy to provide the gentleman Each of us is the proxy for our con- the Supreme Court must be good for Con-
who just spoke with the history of the stituents. They expect us to speak and gress. There are positives and negatives of
vote for them, and answer to them, not remote voting, so here are two potential dis-
House of Representatives as to how advantages.
voting rules have changed repeatedly. hand off that trust to someone entirely First, Congress will no longer have the ex-
But this radical idea that we are unaccountable because we are too lazy cuse of being unable to conduct business
talking about here today, just look to or too scared to show up for work. when members go back to their constitu-
the United States Senate. I mean, they Good God, what are we doing to our encies. What was once a part time assembly
just held a hearing in their Committee country? may become a full time legislature, where
on Health, Education, Labor, and Pen- Mr. MCGOVERN. Mr. Speaker, I yield leaders call votes during such inconvenient
myself such time as I may consume. times for members. Many people do wish
sions where some people were present,
It is obvious that the gentleman who that Congress would return to its roots as a
and some were remote. The chair and part time institution. To quote Will Rogers,
ranking member were remote, and ad- just spoke didn’t read the bill. Nobody
‘‘This country has come to feel the same
ministration witnesses were brought in is asking anybody to hand off their when Congress is in session as when the baby
through video conferencing. ability to cast a vote here. There is no gets hold of a hammer.’’
I mean, the Senate can do it. Maybe discretion involved. If he reads the bill, Second, though legislators do not have to
my friends are afraid of technology. We he will figure that out. pay attention to floor debates even when
will get you the help. We will get you Mr. Speaker, I include in the RECORD they are physically present, one might sup-
a May 5 opinion piece published in The pose that they will get more distracted if
the help to make it comfortable for they have two browsers open, one trained on
you. But the bottom line is, if the Sen- Hill from Saikrishna Prakash, a con-
the proceedings in Congress and one centered
ate can do it, if it is okay for the stitutional law professor from the Uni- on Sunday Night Football. A debate on a mo-
United States Senate, why is it not versity of Virginia and former clerk to tion to recommit would suffer compared to a
okay for the House of Representatives? the late Supreme Court Justice drive down the field in the final minute of
Mr. Speaker, I yield 1 minute to the Antonin Scalia. the fourth quarter.
gentleman from California (Mr. [From the Hill, May 5, 2020] But there would be one positive that over-
whelms these drawbacks. Last week, six
MCNERNEY). ONE VIRTUE OF A VIRTUAL CONGRESS
members exercised the collective authority
Mr. MCNERNEY. Mr. Speaker, I rise (By Saikrishna Prakash) of the Senate and passed the $484 billion ap-
in support of H. Res. 965. Today, there The need for social distancing has led to propriation. Though the Constitution de-
are more than 1.45 million confirmed new demands for distant voting. With the clares that a majority of each chamber
COVID–19 cases and more than 86,000 coronavirus in the air, Congress is awash would be a quorum to do business, the Sen-
related deaths in the United States, with proposals to allow senators and rep- ate had nothing like a quorum for this vote.
and these numbers continue to in- resentatives to cast votes away from the Under current practices, however, both
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crease. chamber floors on Capitol Hill. It is true chambers assume a quorum, an assumption
that desperate times call for desperate meas- that can be overcome only if some legisla-
Our job in Congress is to provide help
ures, but however extreme this reform may tors will call for it.
and leadership in this crisis. It is crit- seem, remote voting would indeed be allowed That assumption is almost as mistaken as
ical that we continue serving our con- under the Constitution. This new practice supposing that lobbyists exist to further the
stituents. But requiring Members of could also lead to the reform of one regret- public good. The Constitution decrees that
Congress to travel back and forth to table habit of the legislative branch. the chambers can pass a bill only if there is
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2025
a quorum. Members cannot just avert their Mr. HILL of Arkansas. Mr. Speaker, I liberty, do hereby ordain and establish the
gaze from this violation of the Constitution. rise in opposition to this rule change. Constitution of the United States.
The minimum mandate for passing legisla- Rather than taking time to imple- The very next sentence vests all leg-
tion is not waivable. To pass legislation in a
ment a bipartisan plan to safely open islative power to us, in Article I, in the
chamber, the presence of at least a majority
of the voting members is required. this House and our work on the Hill, as Congress, and gives us the right to de-
With a move to virtual sessions, Congress suggested by the Republican leader, termine the rules of our own pro-
could cut the embarrassment of a handful of the House majority is taking the lazy ceedings.
legislators passing legislation. If bills are way out. That is what the Supreme Court calls
uncontroversial, the chambers can meet on- The U.S. Constitution and 200 years a political question. It cannot be sec-
line, and the majority in each can pass them. of precedent require a physical pres- ond-guessed by the Senate. It cannot
All in all, the move to remote voting could ence to establish a quorum to protect be second-guessed by the President. It
generate a salutary reform and also elimi-
all Members’ rights and the rights of cannot be second-guessed even by the
nate at least one excrescence of the Con-
stitution. the Americans who vote for these Supreme Court. It is up to us what our
Mr. MCGOVERN. In his piece, the Members. rules of proceeding are going to be.
professor says: The more general point If we pass this rule change today and Mr. Speaker, I have watched the de-
is that if legislators are monitoring make attendance optional, we are tak- bate, and one can only regard with
proceedings in Congress online and can ing away the fundamental nature of amazement the full outrage summed up
vote remotely, they are in ‘attendance’ our government of elected Members of by our colleagues who display great
and can be present for quorums. What the House representing our citizens. reservoirs of self-righteousness. And it
is good for the President and the Su- Since the first Congress, through it is amazing to me because the same
preme Court must be good for Con- all—bad roads, bad weather, invasion, Members have been operating for many
gress.’’ and the burning of this very Capitol, years, for term after term, under the
Mr. Speaker, I yield 1 minute to the Civil War, and depression—Members current rule, first adopted by a Repub-
gentleman from Tennessee (Mr. have assembled to do the people’s busi- lican-majority House, which allows two
COHEN). ness. Members to form a working quorum.
Mr. COHEN. Mr. Speaker, I have been Our Founders intended that legis- I repeat: The current rule, which this
listening to the debate, and I have been lating be hard but fair. Our Founders body has ratified repeatedly, was
really amazed at what I have heard compelled the people’s representatives adopted by a Republican majority, al-
from the other side. They said the mili- to assemble, to collaborate, to find a lowing two Members to constitute a
tary goes into battle, or is ready to go, way forward. This rule will only make working quorum.
and they don’t let these things bother it harder to find that consensus during So, how can anyone who has blithely
them. these times. accepted that state of affairs, when it
The military doesn’t have a great Mr. Speaker, I urge all of my col- would have been very easy to do some-
majority of their members who are 65 leagues to reject this unnecessary thing about it—there was no pandemic
years of age and older. And when they change to the House rules. and no plague let loose on the land,
do have members that are 65 years of Mr. MCGOVERN. Mr. Speaker, let me with 86,000 people dead and tens of mil-
age and older, and they have morbidity remind my colleagues what the minor- lions of unemployed. They did nothing
systems or past incidents that make ity leader did suggest, and that is that about it, but now they want to sud-
them more likely to get a disease, they all of us get preferential treatment, in denly turn on the proposal necessary to
don’t send them into battle. They take terms of testing, that we all be tested guarantee the continuity of the U.S.
care of them. They don’t put them out regularly when we come back here, like Government in which the numerical
there in harm’s way. they do in the White House; that even quorum majority rule is scrupulously
Some people talked about the Sen- though our constituents can’t get test- observed through the well-known and
ate. LAMAR ALEXANDER came up, and ed, even though our hospital workers well-accepted proxy system. This rule
he got exposed to coronavirus from a and those who work in homeless shel- preserves the vote and the voice of
staff member, so he had to go back to ters and in food pantries can’t get test- each and every Member of the House.
Maryville. RAND PAUL came up. He got ed, and our first responders can’t all Unlike the two-Member quorum rule,
exposed, took a test, still swam in the get tested, the minority leader sug- which was put into place by a Repub-
Senate pool, exposed everybody over gested that: You know, you are all so lican majority, our rule is based on ef-
there to COVID, and came back posi- special here that you should move to fectuating the will and the vote of
tive. the front of the line. every Member. The proxies must be
So, it is not about the Senate. This Well, I don’t know what people in cast in strict accordance with the will
makes good sense. your districts think, but my constitu- of the Member, with no discretion, and
One of our best epidemiologists said ents think that is tone-deaf, that, quite no room for judgment.
that the best place you could find to frankly, we don’t deserve preferential Mr. Speaker, I expect to be a proxy
get the coronavirus is indoors in an en- treatment. But that is what he sug- because I live about a half hour away
closed room with a lot of people and a gested. from here. I will cast the proxy vote
lot of talk. That is the definition of Mr. Speaker, I yield 3 minutes to the exactly as given to me. And if I were to
Congress. Washington is a hot spot; it gentleman from Maryland (Mr. decide I know better than the person I
is under a stay-at-home order; and you RASKIN), a distinguished member of the am voting for, that should be the sub-
are not supposed to meet in groups of Rules Committee. ject of ethical proceedings. I am noth-
more than 10 people. We are more than Mr. RASKIN. Mr. Speaker, I salute ing more than a letter carrier.
10. And if they expand it, we will be up the chairman for his determination to This is what the Congress needs to
to the level of 50, which is maybe the keep the American Government going do. The American people expect noth-
next level. through this period, and that is what ing less from us. Let’s keep the Gov-
We are just protecting our Members this resolution is about, the continuity ernment of the United States in busi-
and protecting their loved ones and of Congress and the continuity of gov- ness.
protecting their constituents. ernment. We are here to keep the great Mr. COLE. Mr. Speaker, I yield 1
This is a good law. It gives people a American experiment in democratic minute to the gentleman from Texas
chance to vote. We have Members who self-government alive through the pan- (Mr. GOHMERT), my great friend and
are going through chemotherapy now. demic, through the crisis. distinguished Member.
The great JOHN LEWIS is going through The first sentence of the Constitu- Mr. GOHMERT. Mr. Speaker, let me
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chemotherapy. That means he cannot tion, the Preamble, says: just read from the Constitution.
come up here and vote. That should not Article I, Section 5: ‘‘Each House
We the people, in order to form a more per-
be the facts. fect union, establish justice, ensure domestic shall be the judge of the elections, re-
Mr. COLE. Mr. Speaker, I yield 1 tranquility, provide for the common defense, turns and qualifications of its own
minute to the gentleman from Arkan- promote the general welfare, and preserve to Members, and a majority of each shall
sas (Mr. HILL). ourselves and our posterity the blessings of constitute a quorum.’’
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H2026 CONGRESSIONAL RECORD — HOUSE May 15, 2020
You can’t pass a bill on this floor refer to Congress as ‘‘meeting’’ (Art. I, Sec. President could ‘‘convene Congress at such
with proxies and have it upheld unless 4) or ‘‘assembling’’ (Art. I, Sec. 3), and one other place as he may judge proper.’’ If Con-
you change the Constitution, and this even provides a mechanism by which mem- gress can delegate to the President the
bers can compel ‘‘the Attendance of absent power to move congressional operations en-
doesn’t do it. Members,’’ (Art. I, Sec. 5) meaning presum- tirely, surely it can reserve for itself the
Now, some here say: But if it saves ably those members not otherwise present lesser power to make whatever far more
one life, it is worth it. How about the where Congress is meeting. Of course, none modest amendment to process is required to
million Americans who laid down their of the clauses in which those terms appear ensure Congress is able to vote in the same,
lives not for a wishy-washy, ‘‘Oh, address how Congress casts or counts its extraordinary circumstances.
maybe we should be afraid. We might votes. Indeed, neither the document itself Finally, the temporary remote voting pro-
nor any Supreme Court decision defines what cedures as you have sketched them thus far
get something and die.’’ They didn’t do appear to bear an entirely ‘‘reasonable rela-
counts as ‘‘attendance’’ or ‘‘assembling,’’
that in the Spanish flu days. They tion’’ to the goal you aim to achieve, name-
much less how such ‘‘attendance’’ may be
didn’t do it in the Civil War. But now taken, or such ‘‘assemblage’’ may be accom- ly, ensuring that Congress preserves the abil-
we are going to do it. Come on. plished. The Constitution equally contains ity to vote in a way that maintains the insti-
There were people that died, saying no specific requirement of physical presence tution’s representative character, protects
things like: ‘‘Live free or die.’’ And for Members to vote. What the Constitution the transparency of its operations, and fairly
does instead—as the courts have repeatedly and accurately reflects the will of the Amer-
now, we are going to amend the Con-
recognized—is leave it up to each House of ican people. By keeping remote voting proce-
stitution with a House rule. That is ri- dures tied as closely as possible to the exist-
diculous. Congress to ‘‘determine the Rules of its Pro-
ceedings.’’ (Art. I, Sec. 5) As the Supreme ing system, the proposed approach protects
If you are going to destroy 40 million Court explained in United States v. Ballin, 144 Members’ ability to participate in votes re-
lives and livelihoods, at least have the U.S. 1 (1892), so long as there is a ‘‘reasonable gardless of geographic location, technical
courage to come here and do it in per- relation between the mode or method of pro- knowledge or means; minimizes the risk of
son. ceeding established by the rule and the re- foreign or other unlawful interference in the
vote; and maximizes Congress’s ability to
You didn’t let the Member from sult which is sought to be attained,’’ the
content of those rules are ‘‘beyond the chal- fairly reflect the will of the majority of the
Georgia do it years ago. You denied people even during the present crisis. The
that, and I felt like you were right. We lenge of any other body or tribunal.’’
Indeed, it is just such constitutional flexi- proposed approach contains essential safe-
have to preserve the Constitution, not bility that has enabled Congress to embrace guards to ensure that Members’ preferences
abuse it with a House rule. the various informal solutions it has adopted are fully and accurately recorded; as you em-
The SPEAKER pro tempore. Mem- over the years to ‘‘do business,’’ including phasized in your recent statement, Members
bers are reminded to address their re- relying on members to give ‘‘unanimous con- designated to submit voting cards on behalf
sent’’ to a vote even if something less than of other elected Representatives may only
marks to the Chair. act pursuant to the direct, express instruc-
Mr. MCGOVERN. Mr. Speaker, I yield an actual majority of members is physically
present on the House floor. But while such tion of the elected Representative, retaining
myself such time as I may consume. no discretion in carrying out the ministerial
well settled procedures are surely constitu-
I include in the RECORD a letter from function they play in the modified voting
tional, they may not always function to ad-
Deborah Pearlstein, a constitutional process. As ever, Members remain subject to
vance the system of majority rule the Con-
law professor from Cardozo School of all the disciplinary powers the House pos-
stitution so plainly contemplates. As we re-
Law. sesses to ensure the appropriate exercise of
cently saw when Congress enacted a substan-
CARDOZO LAW, their duties.
tial stimulus bill just last month, it is pos- In short, with limited reforms that maxi-
April 16, 2020. sible for one House member, acting alone, to mize Members’ ability to represent the wish-
DEAR CHAIRMAN MCGOVERN: Thank you for single-handedly defeat the manifest pref- es of their constituents, while minimizing
your statement today recommending the im- erence of the bipartisan majority by insist- disruption and confusion in House oper-
plementation of temporary remote voting ing upon an actual demonstration that a ma- ations, Congress can succeed in preserving
procedures in Congress during this tragic jority of members were ‘‘present’’ (a term the essential constitutional function of the
pandemic. As a professor of constitutional contained in House Rules, not in the Con- legislative branch even amidst an unprece-
law, and a scholar who has written exten- stitution itself). This forced House leaders to dented pandemic. It is a critically important
sively on separation of powers issues in U.S. make a choice the Constitution cannot be initiative in these extraordinary times.
Government, I believe adopting procedures understood to compel—between surrendering As ever, I thank you for your efforts, and
to allow for remote voting under these ex- the will of the majority to the demands of a for the opportunity to share my views.
traordinary circumstances is not only law- single man, or insisting, as they did, that Sincerely,
ful, but essential to the maintenance of our Members jeopardize their safety (and thus DEBORAH N. PEARLSTEIN,
constitutional democracy. Recognizing that their ability to effectively represent their Professor of Law.
specific procedures for remote voting may constituents going forward) by defying law- Mr. MCGOVERN. In her letter, which
still be in development, the analysis offered ful public health restrictions to travel and I strongly recommend all of my col-
here focuses foremost on the broad scope of meet in Washington, D.C. leagues should read in full, she says: ‘‘I
Congress’ constitutional authority to regu- It is precisely in order to avoid such absurd
results that Congress has embraced a variety
believe adopting procedures to allow
late its voting procedures.
As with much else in the Constitution, the of measures throughout its history to adjust for remote voting under these extraor-
description the text provides of how Con- to developing technologies and changing de- dinary circumstances is not only law-
gress is to fulfill its legislative ‘‘duties’’ once mands. Thus, for example, current House ful, but essential to the maintenance of
members have been elected is relatively Rules provide that in the event the existing our constitutional democracy.’’
brief. Article I, Section 5 provides that there electronic voting system is ‘‘inoperable,’’ the The Constitution contains no specific
must be ‘‘a Quorum to do business,’’ which Speaker may direct the vote to be conducted requirements of physical presence for
the Constitution defines as constituting sim- through alternative methods, including Members to vote. What the Constitu-
ply ‘‘a Majority’’ of each House. The same through the use of ‘‘tellers’’ designated by tion does instead, as the courts have
Section likewise specifies that each House the Speaker to ‘‘record the names of the repeatedly recognized, is leave it up to
must keep a ‘‘Journal of its Proceedings,’’ Members voting on each side of the ques-
each House of Congress to ‘‘determine
which must be published ‘‘from time to tion.’’ The teller system was an innovation
time,’’ and which may, if a sufficient number put in place before the current electronic the rules of its proceedings.’’
of members desire, reflect how every member system was available, one among key re- The gentleman refers to the Spanish
voted ‘‘on any question.’’ The Constitution forms designed to strengthen Congress’ abil- flu. Let me just say that that is not an
adds that neither House can adjourn for ity to maintain a public record of Members’ example of something we want to as-
more than three days, or move the session to votes. The particular challenge of ensuring pire to. The Congress was basically
some other place, without the consent of the that Congress could continue to operate dur- paralyzed. They couldn’t even get to-
other House—a provision designed to prevent ing the outbreak of infectious disease was in- gether to pass a bill to provide more
a single House from thwarting all congres- deed the subject of one of Congress’s first ef- doctors to rural areas where people
sional action by simply absenting them- forts to provide for alternative rules of oper- were dying. They couldn’t even do
selves indefinitely. ation. Following Congress’ return after the that. And as a result of Congress’ inac-
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There can be little question that the Fram- yellow fever epidemic that devastated the
ers imagined the legislature would do its then-capital of Philadelphia in the summer
tion, more people died in that pan-
work while assembled in some physical loca- of 1793, Congress adopted a law providing demic. So, please, I mean, let’s get real
tion. In 1787 when the Constitution was that in circumstances when ‘‘the prevalence here.
drafted, they could scarcely have imagined of contagious sickness’’ made it ‘‘be haz- Mr. Speaker, I yield 1 minute to the
any other functional way of proceeding. Var- ardous to the lives or health of the members gentleman from Rhode Island (Mr.
ious other constitutional provisions thus to meet at the seat of Government,’’ the LANGEVIN).
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2027
Mr. LANGEVIN. Mr. Speaker, I tive THOMPSON, and Representative Today we face a health crisis unknown in
thank the gentleman for yielding. PETERS. our lifetimes—a virus that spreads easily
I rise in strong support of this resolu- HOUSE OF REPRESENTATIVES, among us, that can hide itself as asymp-
COMMITTEE ON ENERGY AND COMMERCE, tomatic for a time can suddenly turn deadly.
tion and commend Chairman MCGOV- We have no vaccine to create herd immunity,
ERN for overseeing this deliberative Washington, DC, May 14, 2020.
Re H. Res. 965. nor a treatment nor cure, nor even enough
and well thought-out process. tests to tell us who’s got it and who doesn’t.
The proposed changes to the House Hon. JAMES P. MCGOVERN,
So all we can do to protect ourselves now
Chairman, Committee on Rules,
rules are absolutely necessary to en- and for the foreseeable future, and to keep
House of Representatives, Washington, DC.
sure that Members of Congress can DEAR CHAIRMAN MCGOVERN: I write to you our health care system from being over-
continue our vital legislative and over- in support of H. Resolution 965, which would whelmed, is to separate ourselves. That’s
sight functions while protecting public authorize voting by proxy in the House of how we lower the chance that the virus
Representatives and provide for official re- spreads. That’s why governors and mayors
health. across the country have ordered us to stay at
Now, I strongly believe that we need mote committee proceedings. By tempo-
rarily enabling committees to convene offi- home, to work from home, and to avoid trav-
a more comprehensive, full e-Congress el if we can.
cial proceedings remotely, this measure en-
capability to be developed for con- sures that the Committee on Energy and
That’s exactly what Congress did when we
ducting congressional business in the Commerce can continue to conduct its im- passed the CARES Act on March 27th. Our
future only in times of emergency if we portant legislative, oversight, and fact-find- leadership from both parties worked to pass
are unable to meet in Washington, D.C. ing work during these extraordinary times. the bill on unanimous consent, and when one
I greatly appreciate the work of the House member objected, we achieved a quorum
However, I also believe that there are
Rules Committee under your leadership in with members who could travel safely, often
very real cybersecurity concerns that by driving alone in their cars. We encouraged
drafting and putting forward this very im-
must be addressed before such a system other members to stay away from planes and
portant measure. Our Committee will work
will go live. diligently to ensure that each of our Mem- airports and each other. By the way, that
In the meantime, this resolution ap- bers can participate remotely, to the great- conveyed to the public that we in Congress
propriately allows for in-person proxy est extent practicable, from different loca- understood the health challenge—we were
voting during the duration of this pub- tions, at our noticed committee and sub- aware that every time Members of Congress
lic health emergency, and it holds open committee hearings, markups, depositions travel from across the country to Wash-
and other business meetings—some or all of ington, DC, we put each other, our staff, Cap-
the possibility of remote voting if a se-
which may be virtual in nature. itol Police and other workers, our families
cure system can be developed and Thank you in advance for any further sup- and ultimately our constituents at risk of
verified for full House floor pro- port you can provide us in the way of Com- infection.
ceedings. mittee-specific regulations or in addressing Since then, conditions in Washington DC
In the meantime, this step, of course, any questions that surface as we implement have become more dangerous—it’s one of our
cannot be the end of our conversations and put these temporary rules and regula- nation’s COVID hot spots. It’s high time for
on continuity of Congress. We do need tions into practice. us to do what we’ve asked—and others have
a permanent framework that will ac- Respectfully submitted, ordered—our constituents to do. Figure out
FRANK PALLONE, Jr., how to work from home.
count for remote congressional oper- I’ve heard the argument from Senate Lead-
Chairman.
ations in the event or possibility of er McConnell and from some Democrats that
death or incapacitation of a significant HOUSE OF REPRESENTATIVES, because we ask people on the front lines to
number of representatives. Washington, DC, May 13, 2020. go to work, that we lawmakers have to show
This is the 21st century. We should be Hon. JIM MCGOVERN, up in DC to work. But that argument misses
able to do this in the future. I look for- Chairman, House Committee on Rules, the point. Some people—essential workers—
ward to continuing to work with Chair- Washington, DC. can’t stay home. If you are a doctor or a
DEAR CHAIRMAN MCGOVERN: I write to ex- nurse, or someone who cleans hospital
man MCGOVERN to address this issue rooms, you have to go to the hospital to do
press my strong support for proxy voting and
going forward. allowing for flexibility, during these unprec- your job. If you are a grocery clerk or check-
Mr. COLE. Mr. Speaker, I yield 1 edented times. er, you have to go to the grocery store to do
minute to the gentleman from Ten- The COVID–19 pandemic has created never your job. If you are a fire fighter, or a police
nessee (Mr. JOHN W. ROSE). before seen challenges to the operation of officer or an EMT, you have to go where peo-
Mr. JOHN W. ROSE of Tennessee. Mr. government and the ability of the House to ple are in harm’s way to do your job.
Speaker, today, I am standing up for conduct business. Not only are Member’s But if you’re an accountant, or a lawyer,
health and safety at risk but the security or a billing clerk or any other office work-
those who have stood up for this Na-
and integrity of the House of Representa- er—your job is still very important—but
tion throughout the current crisis: tives, is as well. I commend you and your we’ve ordered you to stay home, because the
nurses, doctors, farmers, truck drivers, committee for diligently addressing these technology available today makes it possible
food service workers, distribution and challenges with integrity and the dedicated for you to do your job from your home. It’s
supply chain workers, the millions of intent to ensure the House can conduct the not great, but it’s a way Americans have
Americans who can’t stay home and People’s business in a safe and secure man- stepped up to make it work, and not to be-
expect our country to survive. ner. come vectors for the spread of this disease.
This pandemic has drastically changed how We in Congress are not first responders.
Haven’t we learned our lesson about
our communities operate. Many local gov- Fundamentally, we have office jobs—very
outsourcing? Apparently not. Now, ernments and small business have adjusted important office jobs that a lot of people de-
some of the Members of this House their operations and the House of Represent- pend on—but office jobs, consisting of phone
want to outsource their votes as well. atives must do the same. Again, I commend calls, meetings, and more meetings. Like the
I will be voting ‘‘no’’ on this resolu- you and your Committee for your work and rest of America, we can have our meetings
tion, and I would encourage those I wholeheartedly support proxy voting and electronically. We should live by the same
ready to hand over their votes to some- allowing for flexibility, during these extreme rules we impose on other American office
one else to just go ahead and hand over times. workers.
Sincerely, We are public servants, a concept reflected
their seats to someone else. in the joint statement by Speaker Pelosi and
MIKE THOMPSON,
With unemployment the way it is, I Member of Congress. Leader McConnell to reject the President’s
would bet that there are more than a offer to supply Congress with test kits. Of
few people back home in your district HOUSE OF REPRESENTATIVES, course, Congress should not take test kits
who would gladly accept your $174,000- Washington, DC, May 13, 2020. from hospital workers, first responders or
a-year job and find a way to get to Hon. JAMES P. MCGOVERN, grocery workers. Nor should we continue to
Washington and push a button. Chairman, House Rules Committee, travel and meet in a way that heightens the
I will vote ‘‘no.’’ Washington, DC. risk for those same people. We should follow
Hon. TOM COLE, the lead of American businesses, nonprofits,
b 1330
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Ranking Member, House Rules Committee, religious institutions and families who have
Mr. MCGOVERN. Mr. Speaker, I yield Washington, DC. found ways to communicate effectively and
CHAIRMAN MCGOVERN, RANKING MEMBER to make decisions over the phone, or in a va-
myself such time as I may consume. COLE, AND MEMBERS OF THE RULES COM- riety of computer forums.
I insert in the RECORD letters and MITTEE: Thank you for this opportunity to Tradition can be honorable, as it is in Con-
statements of support for H. Res. 965 comment on the very important proposals gress. But tradition can be a dinosaur and
from Chairman PALLONE, Representa- for remote voting. can hurt and slow progress. Some traditions
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H2028 CONGRESSIONAL RECORD — HOUSE May 15, 2020
should never be abandoned. I would never astating. Nearly 1.5 million Americans responders do their job, why aren’t we
give up the opportunity in the ordinary have contracted COVID–19 and, trag- doing ours? I would posit that the Con-
course of our business to see you all face to ically, more than 85,000 people have stitution contemplates our physically
face, to work with you in committees, to see
died. being here looking each other in the
you twice a day on the House floor, and even
to grab dinner after work. But in the face of We have asked small business owners eye to do our job.
this once in a lifetime global pandemic, we and workers in our districts to close up If we want to have debates about
need to overcome the default position—that shop and stay home for months to do committee work being remote or vir-
the way we’ve always done it is the only way their part to slow the spread of this tual, okay, but the actual act of vot-
it can be done. Congress has adapted to jet virus. ing, our solemn duty to represent hun-
travel, to electronic voting and to making Across the country, workplaces are dreds of thousands of people who put
our work public on CSPAN. We can adapt to innovating and figuring out how to op- their trust in us to do our job, we are
remote work. supposed to be here. We are supposed to
It will be difficult, but not as difficult as erate while keeping pace with com-
we might imagine. Just look at how the re- monsense public health guidelines. work with each other.
mote skeptics propose we conduct our busi- Like them, Congress has an obliga- I have got a bipartisan bill right now
ness. We would fly from across the country, tion to do the same. This moment re- that would help solve the problems, the
making connections and taking transpor- quires us to lead by example, to show PPP Flexibility Act, with my friend
tation from Dulles Airport or Baltimore that in the face of a highly infectious DEAN PHILLIPS from Minnesota. Let’s
Washington International. Then we would debate and vote on it. Let’s offer
disease we can change how we do busi-
isolate ourselves in our DC residences. Then, amendments. Let’s actually have a de-
if we live too far to walk or don’t have a car ness and still get our constituents the
much-needed relief they desperately bate in this body.
in DC, we would take transit or be driven to It is supposed to be the people’s
our offices, and we would isolate there. And need, while also conducting proper
to participate in our committees, we would oversight. House—the people’s House. It is our
make a phone call from our office in Ray- I support this rule change to tempo- job, Mr. Speaker. This is not constitu-
burn or Longworth or Cannon to the com- rarily allow committees to conduct tional.
mittee room. Yet all of us have phones in our Mr. MCGOVERN. Mr. Speaker, I yield
meetings remotely and to provide my
homes in our districts, and any of us could myself such time as I may consume.
call the committees from there.
colleagues with the opportunity to The gentleman will be happy to know
We’ve also heard that in person committee make their constituents’ voices heard. he will have 2 hours of debate on how
meetings will take up a tremendous amount This is the 21st century. We have an to help our constituents. I have a feel-
of physical space. For our larger committees, opportunity to show that we can use ing he is going to vote ‘‘no.’’ He is
like Transportation and Infrastructure or the tools at our disposal to continue
Armed Services, only the House chamber is going to vote ‘‘no’’ to help our teach-
congressional operations at full capac- ers, our first responders. He is going to
big enough. If all of our committees were to ity while also practicing what we
meet in person, it would be impossible for vote ‘‘no’’ to help States, cities, and
them to meet at the same times. Remote
preach. towns. That is unfortunate, but we are
participation is probably the only practical This is common sense, and I would going to move it forward.
way to allow all committees to function at urge my colleagues to support this Mr. Speaker, I insert in the RECORD
the same time, and thereby for all members change as well. letters and statements of support for
to participate in the legislative process on Mr. COLE. Mr. Speaker, I yield 1 H. Res. 965 from Representative KIL-
behalf or their millions of constituents. minute to the gentleman from Texas
Remote voting is not cowardice. It’s lead- DEE, Representative JEFFRIES, and Rep-
(Mr. ROY), my very good friend. resentative POCAN.
ership. In the face of this pandemic, getting
Congress to work remotely is an example for
Mr. ROY. Mr. Speaker, I thank my CONGRESS OF THE UNITED STATES,
the rest of the country that meets this mo- friend from Oklahoma for yielding. HOUSE OF REPRESENTATIVES,
ment. Let us live by the same rules we im- I just ask my colleagues here: What Washington, DC, May 13, 2020.
pose on our fellow citizens. Let’s find a way are we doing? We have 40 million Amer- Hon. JIM MCGOVERN,
that allows all of our constituents to have a icans out of work. We have serious Chairman, Committee on Rules,
voice. Let’s show by our action that we our- problems we have got to address, and Washington, DC.
selves take this threat seriously. Hon. TOM COLE,
we are going to pass a bill tonight that
I thank you for your leadership in this dif- Ranking Member, Committee on Rules,
ficult moment.
is a clear political bill filled with polit- Washington, DC.
Sincerely, ical promises from my colleagues on DEAR CHAIRMAN MCGOVERN AND RANKING
SCOTT H. PETERS, the other side of the aisle that has no MEMBER COLE: We write today in strong sup-
Member of Congress. chance of being passed in its current port of the H. Res. 965, which temporarily
form. And why aren’t we debating and implements remote voting in the full U.S.
Mr. MCGOVERN. Mr. Speaker, I am
doing the job of this body? We have no House of Representatives and remote com-
glad that the gentleman who pre- mittee proceedings during this public health
viously spoke says he wants to extend debate.
emergency due to the coronavirus.
it for nurses, doctors, and teachers. He My friend from Maryland, Chairman Members of Congress must continue to
has a chance to do that in the next bill RASKIN, we served together working to faithfully and safely execute the duties of
we are going talk about because there try to protect the Constitution, and he our office while acting in accordance with
is money in there to provide them says that we have this rule in here for the social distancing guidelines outlined by
more assistance in terms of testing and a quorum can be two people. I agree, medical experts. The suggested temporary
that is a problem. rules would allow for Members to proxy vote
treatment and tracing and more money on behalf of those Members who cannot safe-
there for PPE. But my guess is the gen- I don’t care who is in charge of this
ly travel to Washington, D.C. This proposed
tleman is going to vote ‘‘no’’ on that. body. We shouldn’t operate that way. proxy voting system strictly governs the
The same people who are out here The American people want us to do our rules where a remote Member would send a
talking about being brave and standing job and debate and work. letter to the Clerk designating a proxy.
up with our first responders are the The Constitution is pretty clear Members may serve as a designated proxy for
same people whose leader has said that about what constitutes a quorum. You up to ten Members and must receive exact
his proposal is to prioritize Members of can trot out various words from some written instruction on each vote. While
professors around the country that say there is no precedent on the House Floor for
Congress ahead of all of our constitu- proxy voting, there is precedent in House
ents in terms of testing so we can oper- otherwise, but a quorum means pres- Committees, where it was in place until the
ate here. I don’t want to have anything ence. We should be here debating. It 104th Congress.
to do with that. My constituents who matters. It matters that we look each The implementation of H. Res. 965 would
are on the front lines, the doctors, the other in the eye. It matters that we are allow committees to hold virtual hearings,
nurses, the first responders deserve to here talking to each other when there markups, and depositions enabling Members
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are 40 million Americans without jobs to perform vital oversight, conduct fact find-
be tested before anybody in this House. ing and bring legislation to the Floor. Espe-
Mr. Speaker, I yield 1 minute to the while we sit here in Congress and don’t
cially during this national emergency, Con-
gentlewoman from Massachusetts (Mrs. do ours? gress must continue to do the work of Amer-
TRAHAN). We are not doing our job. While ican people, especially overseeing the tril-
Mrs. TRAHAN. Mr. Speaker, this truckers carry food products, while lions of dollars allocated by the federal gov-
public health crisis has been dev- people go to grocery stores, while first ernment so far to combat the pandemic.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2029
Members also have the responsibility to sive Caucus issued a Whip Question to its cle from the Houston Chronicle enti-
model compliance with the guidelines rec- Members several weeks ago to measure sup- tled ‘‘Universal testing for coronavirus
ommended by the leading science and health port for instituting virtual voting in the is a national security issue.
experts without dereliction of our duties. House of Representatives. Responses from
Proxy voting allows for Members to be en- the Caucus were overwhelmingly in support. [From houstonchronicle.com, May 13, 2020]
gaged in work at the Capitol while ensuring I support remote voting efforts in Congress CITY STARING DOWN $169M BUDGET GAP
their safety and those in their communities. in whatever form they may take, and plan to (By Jasper Scherer and Dylan McGuinness)
As the Congress continues to find innovate vote in favor of implementing legislation Houston Mayor Sylvester Turner, facing
ways to remain in service of the American when it is presented to the full U.S. House of an economy hammered by the coronavirus
people, I am supportive of the provision in H. Representatives. I thank you for your friend- pandemic and collapsing oil prices, on Tues-
Res. 965 that will direct the Committee on ship and look forward to continuing to work day proposed to close an upcoming budget
House Administration to study the use of together on this and other matters. gap by furloughing about 3,000 municipal
technology to allow Members to vote re- Sincerely, workers, deferring all police cadet classes
motely in the House. After certification has MARK POCAN, and exhausting the city’s entire $20 million
been completed determining secure and oper- Member of Congress, ‘‘rainy day’’ fund.
able technology for remote voting, the Rules Co-Chair, Progressive Caucus. The proposals are in response to an esti-
Committee would issue guidance and regula- Mr. MCGOVERN. Mr. Speaker, I yield mated $169 million revenue shortfall for the
tions for implementation that can be author-
2 minutes to the gentlewoman from fiscal year that begins July 1.
ized by the Speaker to allow Members to Emptying the rainy day fund ‘‘leaves the
cast their votes remotely during the time pe- Texas (Ms. JACKSON LEE).
Ms. JACKSON LEE. Mr. Speaker, I city in a precarious state for the upcoming
riod covered by the resolution. hurricane season,’’ the mayor acknowledged
We appreciate your hard work on this and thank the gentleman for yielding.
We cannot do and cannot do—and in a message to city council members that
the solicitation of advice and ideas from
accompanied his budget plan. The account
Members for many weeks, including mem- how many times can I say it?—we can- hold money in reserve for emergency situa-
bers of both parties. It is our hope that these not stand here and do nothing. tions, such as cash flow shortages and major
rules are only necessary for a short period of The Constitution has no provision disasters.
time and the House of Representatives can that prohibits this body from doing The city had just recently replenished the
return to their normal functions in a safe
something to avoid a catastrophe of fund after using all $20 million in the wake
manner to help families and workers im-
pacted by this terrible health crisis. not being able to govern this Nation. of Hurricane Harvey. It will not have that
Additional Cosigners: Rep. Ed Perlmutter, My friends who were here during the option if a storm hits Houston this year.
Rep. Andy Levin, Rep. Alan Lowenthal, Rep. heinous tragedy of 9/11 remember that ‘‘The dollars from the economic stabiliza-
Brenda Lawrence. we had a continuity committee and put tion fund are gone,’’ Turner said. ‘‘There is
Sincerely, no rainy day fund.’’
in a provision of the rules under Repub- Under Turner’s plan, the city also would
DANIEL T. KILDEE, lican leadership of what would con-
Member of Congress. draw $83 million from its cash reserves to
stitute a quorum. balance the budget.
But let me say this, my friends. No The city’s tax- and fee-supported general
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES, one is telling you not to be present, but fund, which covers most basic city oper-
Washington, DC, May 13, 2020. what it does say is that we are pre- ations, would spend $2.53 billion under Turn-
Hon. JAMES P. MCGOVERN, pared, we will not panic. We are pre- er’s plan, a decrease of about 1 percent from
Chairman, Committee on Rules, pared in case a catastrophic resurgence the current budget. Despite the narrow
spending cut, the city would be left with a
Washington, DC. of COVID–19 comes in the fall as the
DEAR CHAIRMAN MCGOVERN: Thank you for general fund balance that dips below the
scientists have said. amount required by city ordinance.
your ongoing leadership during this time of And, no, no proxy is going to domi-
crisis. Please see my statement below in sup- Turner said the rule makes an exception
nate this floor. A proxy is directed by ‘‘in the event of economic instability beyond
port of remote voting by proxy:
As the House continues its work during the Member, and they must specifi- the city’s control.’’
this trying time, we must have a safe, secure cally, on each vote, tell you what to Houston is expected to lose nearly $100 mil-
and reliable way of conducting our most es- do. Those directions are specific. lion in sales tax revenue during current fis-
sential duty—passing legislation on behalf of At the same time, no Member is pro- cal year and the one beginning in July, due
the American people. Remote voting by hibited, as I said, from coming to this in part to a precipitous drop in oil prices,
proxy offers a temporary, commonsense solu- along with the closure of bars, restaurants
floor. Eleanor Roosevelt said: ‘‘One
tion that will allow the House to operate and other businesses during the pandemic.
thing I believe profoundly: We make The overall city budget, including services
safely and effectively during this crisis. The
our own history.’’ That is what we are that are funded by dedicated fees and utility
proposal crafted by Chairman McGovern al-
lows committees to continue their important doing. We are making our history so charges, is $5.1 billion, a slight increase from
work remotely, while also providing Mem- that we can serve the American public. the current budget.
bers with the ability to vote on legislation Do you think truck drivers and first The proposed spending plan, which is sub-
without the threat of hacking or undue in- responders want us to collapse and not ject to approval by city council, only says
fluence from bad actors. I stand in strong pass a bill that provides for them so that the city would furlough ‘‘thousands of
support of the proposal and believe it is the they will not be furloughed and fired? municipal employees.’’ At a news conference
best path forward as we continue to confront Tuesday, Turner said the number would be
They want us to do our job.
this pandemic. around 3,000 of the city’s nearly 21,000 em-
Thomas Paine said, ‘‘times that try ployees. The workers would forego 10 days of
Best,
men’s souls.’’ This is a constitutional paying the city roughly $7 million.
CONGRESSMAN HAKEEM JEFFRIES,
Chairman, House Democratic Caucus. process. It allows for us to proceed and Turner did not specify which departments
govern this Nation without an inter- would be required to send workers home
HOUSE OF REPRESENTATIVES, ruption. without pay, though he said the city would
Washington, DC, May 14, 2020. We have seen Members who are not place anyone on furlough from the po-
Hon. JIM MCGOVERN, COVID–19 positive. It can happen to a lice, fire and solid waste management de-
Chairman, House Rules Committee, predominant number of Members. How, partments.
Washington, DC. The city will implement any cuts until the
then, will we respond? We need to re-
DEAR CHAIRMAN MCGOVERN: I write in sup- new fiscal year begins July 1, Turner said.
port of efforts to ensure Members of Con-
spond with the exact idea that has been The bulk of the city’s operating budget is
gress are able to vote on essential legislation promoted and put forward in this reso- devoted to paying roughly 5,200 police offi-
while not physically present in Washington, lution. cers and nearly 3,800 firefighters. Public safe-
D.C. during the coronavirus pandemic. Nu- Let me also acknowledge the fact ty would account for 59 percent of the gen-
merous states, including the Wisconsin Leg- that 36 million have filed for unem- eral fund under the proposal, and usually
islature, and other nations, including the ployment; 85,000 have died. It is pro- about 90 percent of the police and fire de-
British Parliament, have already instituted jected 134,000 will die. That is why we partments’ costs are devoted to personnel.
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successful virtual legislative meeting proce- have done prison dollars. That is why Both departments would see modest in-
dures. creases of about 2 percent in spending under
While I intend to be physically present and
we put the heroes money in so that we Turner’s plan, with police climbing to $930.6
voting this week, I know several of our col- don’t have people seeking to eat. million and the fire department to $516.9 mil-
leagues will be unable to vote in person due Mr. Speaker, I include in the RECORD lion.
to health or travel difficulties. Foreseeing an article entitled ‘‘City Staring Down The departments seeing the biggest cuts in
this eventuality, the Congressional Progres- $169 Million Budget Gap’’ and an arti- their operation budgets include Public
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H2030 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Works ($4.5 million, or 14.3 percent of its So early the next month, on Feb. 10, I held COVID–19 15-minute test recently approved
budget); Parks and Recreation ($10.4 million, a press conference to raise public awareness by the FDA for use in high risk areas like
13 percent); and Solid Waste ($4.5 million, 4.8 on the emerging threat posed. Two weeks urban, rural, and Native American commu-
percent). later, on Feb. 24, I called another press con- nities and environment such as food proc-
Turner’s budget plan could undergo signifi- ference to urge that testing be given the essing, warehouses, production lines or fac-
cant changes, the mayor said Tuesday, if highest priority in battling the spread of the tories;
Congress allows local governments to spend new coronavirus and the sickness it causes 2. Target COVID–19 pandemic aid to com-
COVID–19 stimulus funds to make up for lost called COVID–19. And I continue to cham- munities based upon mortality not just
tax revenue. Houston received $404 million pion testing as the tool that federal, state, known infections;
from the roughly $2 trillion coronavirus tribal and territorial governments must em- 3. Equip health care professionals with
stimulus package and for now is barred from brace to support our COVID–19 economic re- enough PPE to provide home health visits to
spending it on previously budgeted expenses, covery. the elderly who will need more engagement
though city officials may identify some pub- We are at the beginning of May and testing than telemedicine can provide to ensure
lic safety expenses related to the pandemic is still urgently needed. There cannot be fur- their health and welfare;
that can be covered with federal aid, Turner ther delay in acting. If we cannot see 4. Provide 100 percent paid medical leave
said. COVID–19 there is no way to stop it. If we do for persons who themselves or someone in
‘‘More than likely you will see additional not dramatically increase testing, we will re- their household have one or more of the
dollars flowing into this budget in the next main prisoners of COVID–19 until we have a known risk factors that make COVID–19 a
couple of weeks,’’ Turner said. vaccine widely available, which is not ex- deadly threat;
The mayor already is proposing to use fed- pected to occur until early 2021. 5. Implement robust contact tracing efforts
eral COVID–19 funds to cover the city’s As the nation does battle with COVID–19 it to ensure that every infection is tracked and
roughly $10 million annual contract with the is not the role of public policy makers to de- those who may have been infected are identi-
Houston Zoo, which is paid out of the gen- termine acceptable losses of civilian lives. fied; and
eral fund. Turner said he also has directed Although in military battles commanders 6. Prepare contingencies to address public
the fire and police chiefs to determine which must calculate acceptable losses as part of emergencies such as hurricanes, tornadoes
of their recent operations were devoted to battle plans, none of these calculations are and wildfires in conjunction with COVID–19
COVID–19—spending that could be eligible based on the intentional sacrifice of lives. for known seasonal high-risk disaster areas
for federal aid. Any commander thought to have unneces- of the nation, such as along the Gulf Coast,
Democratic lawmakers in Washington, sarily cost the lives of soldiers or civilians the Mid-Atlantic, Tornado Alley and fire-
D.C., also have sought more money for state through their actions or decisions would face prone California and the Caribbean.
and local governments in Congress’ next severe consequences. If the decisions are not A greater commitment to universal testing
stimulus package, though such plans have driven by public health, but by economic in- will save the lives of hundreds of thousands
met skepticism in GPO ranks. terest, this is the wrong calculation. The of people and cost far less than the economic
Even if Congress gives Houston officials economic injury caused by COVID–19 is be- stimulus that is very necessary as the econ-
more flexibility to spend the funds, Turner cause there has been and continues to be in- omy stagnates under the weight of COVID–19
said the $404 million will not cover all the sufficient testing to check its spread. stay at home orders and quarantines. A
city’s COVID–19 expenses and lost revenue. Decisions to open state economies seem to misstep at this point can have dire con-
The city already is projected to spend about want to place responsibility upon small busi- sequences for the lives of families, their chil-
$200 million on testing, contact tracing and ness owners who decide to reopen without dren and the elderly; and result in an even
other health expenses, Turner said, while making clear what the consequences may be deeper impact on the local, state and na-
putting additional funds toward rental as- to them if even one case of COVID–19 occurs tional economy.
sistance and programs to help homeless among their employees or customers. Ms. JACKSON LEE. Mr. Speaker, we
Houstonians. For this reason, I have partnered with need rural, city, local, and State fund-
‘‘The $404 (million), though it seems like a Houston hospitals, local public health agen- ing and $15 million in rental assistance.
big number, it’s not big at all considering cies, local businesses and international cor- We need to do this resolution and pass
the needs that exist,’’ Turner said. ‘‘Just be- porations to promote the provision of com- the HEROES legislation now.
cause we may be able to pull dollars from munity-based COVID–19 testing sites to as- Mr. Speaker, as a senior member of the
what we have received, it doesn’t mean that sist in this critical first step in stopping
COVID–19’s unchecked spread in local com-
Committees on the Judiciary, and on Home-
there will be sufficient dollars to do it.’’
If the federal government does provide munities. land Security, and the Budget, I rise in strong
more money, Turner said his first priority The economic and health security of the support of H. Res. 965, which authorizes the
would be to reinstate the police cadet class- nation hinges on getting testing in every Speaker, in consultation with the Minority
es, which would cost $14 million. Next on the community so that we can shine a light on Leader, to temporarily implement remote com-
list would be eliminating furloughs and re- where COVID–19 is and where it is not mittee proceedings and remote voting in the
filling the city’s reserves. present. The lack of testing early on and the House when she has been notified by the Ser-
Cities across the country already have continued lack of testing is costing trillions
in lost economic output and it will continue
geant-at-Arms, in consultation with the Attend-
slashed large chunks of their payrolls, plac- ing Physician, of a public health emergency
ing workers on furlough, laying off employ- to cost much more as we struggle to save
ees and implementing hiring freezes. As lives through social distancing and providing due to the coronavirus.
many as 1 million municipal workers may be adequate universal access to COVID–19 med- When exercised, that authority lasts for 45
laid off or placed on furlough, according to ical treatment, equipment and PPE to pro- days but can be extended if the public health
the National League of Cities. tect medical personnel as well as essential emergency persists or there is a resurgence.
workers. Mr. Speaker, in the 231 years since the first
[From the Houston Chronical, May 6, 2020] The United States needs to meet or exceed Congress met in New York City on March 4,
the recovery rate of other nations around
UNIVERSAL TESTING FOR CORONAVIRUS IS A 1789, our nation has undergone and over-
NATIONAL SECURITY ISSUE the globe so that our national economy can
benefit as the global economy recovers. This come many crises and challenges, from the
(By Rep. Sheila Jackson Lee) presence of British troops in the capital city
will happen once we demonstrate that our
Most Americans are not fully aware how nation can do the hard work of imple- during the War of 1812, to the Civil War,
up to now the United States has been so ef- menting successful testing, contact tracing World Wars I and II, the Spanish Flu of 1918,
fective at preventing, combating, and miti- and social distance programs. Other nations the Great Depression, and the Great Reces-
gating outbreaks of infectious disease. We including our own will not tolerate reinfec-
have been able to do this because of the ex-
sion of 2008.
tions once they are under control because a Through it all, Americans have persevered
pertise and responsiveness of superb institu- COVID–19 infection anywhere is a threat to
tions, independent agencies and offices and America has flourished because Ameri-
people living everywhere.
throughout the federal government that ef- The virus that causes COVID–19 is less cans do not give up hope or give in to despair.
fectively dealt with Ebola, H1N1, Zika, SARS than five months old and it has rocked the Instead of cursing the darkness, we light
and MERS. world with its arrival. If this new candles.
I was alarmed by news reports in late De- coronavirus is under active transmission in Our national history is one of pride in our
cember 2019 of a new or novel coronavirus. communities, it could continue to evolve. democracy, in a government of, for, and by
By January, the machinery of government This is the reason we must do the hard job of the people, and our willingness to sacrifice to
with its unparalleled ability to project power stopping this virus and do it sooner than keep it and our ability to adapt to changing
dlhill on DSK120RN23PROD with HOUSE
globally, galvanize our allies, and coordinate later.
peer competitors in the field of science and times to sustain it.
There are six actions that can be taken be-
technology should have activated to provide Mr. Speaker, we are now in the midst of
fore the end of the summer to make it pos-
all needed resources and assistance to China sible for children to return to school in the one of those ‘times that try men’s souls,’ as
to contain the disease. This was not a China fall: Thomas Paine put it two centuries ago.
problem; it was a global threat requiring a 1. The president should use the Defense As of yesterday, there were at minimum
global response. Production Act to produce enough of the 4,405,688 cases of COVID–19 across the
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2031
globe and 1,400,500 in the United States, re- Additionally, no Member can serve as a tual session, the first time state lawmakers
sulting in more than 300,000 deaths worldwide designated proxy for more than ten Members. have gathered since the pandemic began in
and more than 84,985 in the United States. Finally, the resolution provides for remote the United States.
The session took place in the Assembly
With just 4 percent of the world’s population, voting through technology during the pan- chamber as usual, but due to concerns about
the United States has one-third of the total demic, after a system is developed and cer- spreading the virus nearly two-thirds of the
COVID–19 cases and nearly 30 percent of tified. body’s 99 members attended via video-
deaths from COVID–19 globally. The resolution directs the chair of the House conference. The Senate was to hold a similar
Mr. Speaker, the necessary measures taken Administration Committee to study the feasi- session on Wednesday to send the bill on to
to slow the pandemic and ’flatten the curve’ so bility of using technology to vote remotely in Democratic Gov. Tony Evers.
as not to overwhelm the nation’s health care the House, and to provide certification upon a It marked the first time in Wisconsin’s 172–
system has also delivered a severe shock to year history that lawmakers convened a ses-
determination that there is operable and se-
sion with members participating remotely.
economic activity in the United States. cure technology for remote voting. Legislative rules require lawmakers to be
Yesterday, the Department of Labor re- After the certification, the chair of the Rules present to debate and vote on bills but a 2009
ported that the number of first-time unemploy- Committee is directed to issue regulations on law allows for virtual sessions during disas-
ment insurance claims exceeded 2.85 million, the implementation of remote voting and the ters.
bring the total number of unemployed to 36 Speaker is then authorized to notify the House One section of the Assembly gallery was
million, shattering by orders of magnitude all that Members may cast their votes remotely open to the public, with only 14 seats avail-
previous marks. during the public health emergency period able and each spread out 6 feet apart. Public
So, Mr Speaker, it is essential that this Con- seating, also 6 feet apart, was available in
covered by the resolution. the Capitol rotunda with speakers and TVs
gress act and act now to put in place measure Mr. Speaker, in this moment of national cri- tuned to WisEye, the Legislature’s version of
that will address the public health crisis, stem sis Americans are looking to their government C-SPAN. Two large TV screens, tuned to
the economic onslaught, and ameliorate the to be there for them and enact policies and Skype, were set up on the Assembly chamber
suffering and deprivation of individuals and take action that will see us through this pan- floor. About 35 members sat in the chamber,
communities. demic as safely and as quickly as possible. all spaced several seats apart. Many rows
But requires that we first ensure that the To ensure that the House, the first branch of were empty. Several pages wore face masks,
Congress discharge the duties delegated it the co-equal but preeminent body vested by as did Assembly Minority Leader GORDON
under the Constitution in a way that does not HINTZ. He was the only Democrat on the
Article I with the power to investigate, legis-
needlessly endanger Members, their staff, or floor.
late, and appropriate in further of the general The session got off to a slow start as Chief
any of the thousands of Capitol Hill personnel. welfare and national defense, remains able to Clerk Pat Fuller tried to call the roll. Law-
That is the purpose and intent of H. Res. discharge its constitutional duty, I urge all makers joined from their kitchens, Capitol
965; to allow Members from across the coun- Members to join me in voting to pass H. Res. offices and home offices and struggled to
try to continue legislating on behalf of the 965. unmute themselves and register their at-
American people while adhering to the advice Mr. COLE. Mr. Speaker, I yield 1 tendance before Fuller moved on to the next
of medical experts and protecting public minute to the gentleman from Wash- legislator. Some seemed amused at the
health. setup, smiling and waving to the camera.
ington (Mr. NEWHOUSE), my good friend
First, the resolution authorizes remote com- Others initially appeared befuddled, appar-
and former Rules Committee member. ently unable to hear or to figure out how to
mittee proceedings during the pandemic. Mr. NEWHOUSE. Mr. Speaker, I
During the public health emergency period, be heard. Roll call votes took minutes as
thank the gentleman for yielding. Fuller asked each lawmaker individually for
committees are authorized to hold virtual hear- Article I, section 5 of the United his or her vote. In a normal world voting is
ings, markups, and depositions so Members States Constitution states that only a almost instantaneous as lawmakers signal
can perform oversight, conduct fact-finding, majority can constitute a quorum in their votes from their seats with the touch
and prepare legislation for the House floor. order to do the business of the people’s of a button.
Committee chairs can choose to hold en- House. As a former member of the
Moments before adjourning for a 10–minute
tirely virtual proceedings, with Members par- receess, Speaker Pro Tempore Tyler August
House Rules Committee, I have a deep warned lawmakers not to touch their laptops
ticipating from any location, or they can hold appreciation and a commitment to the
proceedings in the hearing room with some during the break because if they discon-
precedence and procedures of this hal- nected themselves they wouldn’t be able to
Members participating remotely. lowed body. log back in. Assembly Speaker Robin Vos,
Members participating remotely will count one of the few legislators on the floor, said
But under this democratic proxy vot-
towards a quorum and be able to vote. setting up the virtual session was ‘‘ex-
ing scheme before us today, only 22
Committees are required to use software tremely challenging’’ and he hoped the As-
House Democrats would need to be
platforms approved by the Chief Administrative sembly would never have to meet that way
present in this Chamber to pass any
Officer (CAO) for remote participation. again.
Second, H. Res. 965 authorizes and imple- and every single bill moving forward. The process smoothed out as the session
ments procedures for remote voting on the This is a forced consolidation of power progressed. The chamber ended up approving
House floor during the pandemic. to a select few insiders, and it simply the bill 97–2.
does not reflect the values of our con- The legislation largely ensures that Wis-
Specifically, the resolution allows for remote
stitution, our history, and our Nation. consin can capture the $2.3 billion coming to
voting by proxy on the House Floor during the the state under the federal stimulus bill, in-
public health emergency period. The constituents of my Washington’s
cluding higher Medicaid payments and un-
All Members voting remotely will be counted Fourth Congressional District did not
employment benefits. The Legislature’s
toward a quorum. vote for their Representative to simply budget committee would be allowed to allo-
After sending a letter to the Clerk desig- defer to a proxy and shirk the duties of cate up to $75 million in funding during the
nating a proxy, Members are permitted to vote serving as a U.S. Representative. public health emergency and up to 90 days
remotely on any vote. Mr. Speaker, the American people de- after it ends.
Members voting remotely will be given 24- serve more, and I urge a ‘‘no’’ vote on The measure also would waive the state’s
hours’ notice before any final passage vote to this terribly ill-advised and unconsti- one-week waiting period to receive unem-
tutional resolution. ployment for anyone who applies between
ensure they can secure a proxy if they have March and Feb. 7, 2021; ban certain insurers
not yet designated one. Mr. MCGOVERN. Mr. Speaker, I yield
from prohibiting coverage based on a
Mr. Speaker, it is important to emphasize myself such time as I may consume. COVID–19 diagnosis; ease licensing and
that this is not a general proxy, rather proxies I insert in the RECORD an April 14 AP credentialing for health care workers; reduce
must receive exact written instruction from the news article entitled, ‘‘Wisconsin As- nurse training hour requirements; and
Member voting by proxy on each vote and are sembly OKs Virus Bill in First Virtual render health providers immune from civil
required to follow that instruction precisely. Session.’’ liability for services provided during the
To ensure transparency, a list of designated [From the Associated Press, April 14, 2020] pandemic. Local municipalities also could
dlhill on DSK120RN23PROD with HOUSE
proxies will be posted on the Clerk’s website choose to defer their residents’ property tax
WISCONSIN ASSEMBLY OKS VIRUS BILL IN
payments.
and a list of Members voting remotely will be FIRST VIRTUAL SESSION
Evers’ administration has been working
printed in the CONGRESSIONAL RECORD fol- (By Todd Richmond) closely with Vos and Senate Majority Leader
lowing each vote. MADISON, WIS. (AP).—The Wisconsin As- Scott Fitzgerald on the bill. The governor
In addition, Members’ votes will be read sembly overwhelmingly approved a sweeping did not say Monday whether he supported
aloud during the vote. coronavirus relief bill Tuesday during a vir- the bill, saying he had not reviewed it, but
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H2032 CONGRESSIONAL RECORD — HOUSE May 15, 2020
he hoped it wouldn’t be the last action taken The set of emergency rules was approved ing huge chunks of money it would otherwise
by the Legislature to offer aid during the Monday, but only after a heated, partisan collect now into next fiscal year.
pandemic. dispute that started when House minority That appeared to already be happening.
Nineteen states had allocated more than $3 leader Bradley H. Jones blocked the rules Massachusetts tax revenues plummeted last
billion to respond to the pandemic as of Fri- package, arguing that it effectively limited month, dropping more than 50 percent below
day, according to the National Conference of how often most representatives would be al- what the state collected at this time a year
State Legislatures and the Wisconsin Policy lowed to speak. ago. The $1.98 billion in taxes the state col-
Forum. He had accused DeLeo of using the crisis to lected in April—typically the biggest tax
As of Tuesday, COVID–19 had killed 170 ‘‘achieve more power,’’ while the Winthrop month—was more than $2 billion below state
people in Wisconsin and infected more than Democrat lashed out at what he called the projections.
3,500. Among those who contracted the virus Republicans’ ‘‘recklessness and fiscal irre- ‘‘A staggering number to say the least,’’
and recovered is Democratic state Rep. sponsibility.’’ (The House couldn’t pass the Michlewitz said.
David Bowen, of Milwaukee. borrowing bill unless the House held a for- So, after Garlick and Representative Todd
Vos and Hintz were the only lawmakers mal vote.) Smola, a Warren Republican, spoke in sup-
who spoke about the bill prior to the vote. Jones and DeLeo ultimately agreed to a re- port of the bill, DeLeo teed up a roll call.
Hintz said the Legislature should be pre- vision this week that allows some Repub- Minutes later, he documented the 157–0 tally
pared to return to work on further legisla- licans, including Jones, more chances to to officially move the bill to the Senate,
tion that helps Evers deal with the pan- speak during legislative debates under the where leaders are weighing their own rules
demic. new rules, which could remain in effect until to hold a remote session.
‘‘We should make sure we are listening, en- as late as January. ‘‘Congratulations,’’ DeLeo said to rep-
abling and supporting and giving (the Evers Such back-and-forth was largely absent resentatives watching and listening in. And
administration) the flexibility to manage from Wednesday’s otherwise smooth session, he rapped the gavel to close the session.
this crisis,’’ he said. ‘‘I refuse to admit this though it included some awkward but harm-
is all we can do as a state.’’
Mr. MCGOVERN. Mr. Speaker, I in-
less hiccups as lawmakers adjusted to their sert in the RECORD an April 1 Courier
But Vos cautioned against giving Evers new remote reality.
‘‘blank checks’’ as the virus wreaks ‘‘eco- Shortly before DeLeo opened the session, a Journal article entitled, ‘‘Kentucky
nomic carnage’’ on the state’s finances. He voice fluttered through on the livestream. House Dramatically Limits In-Person
said he was disappointed the bill didn’t ‘‘Hello?’’ a lawmaker asked. Voting on Bills Due to Coronavirus
freeze state spending in fiscal year 2020–21 Another voice quickly cut in, informing Concerns.’’
and lamented that state workers will still him he had accidentally called a number [From the Louisville Courier Journal, Apr. 1,
get an automatic 2% raise. connected to a microphone within the cham-
‘‘We have to be just like a family were the 2020]
ber. ‘‘You’re actually dialed into the rostrum
credit card use is limited,’’ Vos said. ‘‘Think KENTUCKY HOUSE DRAMATICALLY LIMITS IN-
line,’’ he was told.
before we spend. Make investments that are PERSON VOTING ON BILLS DUE TO
Later, when Representative Denise Garlick
wise but not wanting.’’ CORONAVIRUS CONCERNS
called in to speak on the borrowing bill, a de-
Mr. MCGOVERN. Mr. Speaker, I in- layed feedback from the session was audible (By Joe Sonka)
sert in the RECORD a May 6 Boston over the livestream—trailing the chamber by FRANKFORT, KY.—For the first time in the
Globe article entitled, ‘‘For the First several moments and causing Garlick to history of the Kentucky General Assembly, a
Time in 400 Years, Mass. Lawmakers pause for several moments after DeLeo rec- large majority of House members voted on
ognized her. bills remotely by texting photos of their
Vote Remotely.’’ When she wrapped her testimony, a long paper ballot via phone.
[From the Boston Globe, May 6, 2020] pause again settled over the line, and the The move is part of rule changes adopted
FOR THE FIRST TIME IN 400 YEARS, MASS. phrase ‘‘[Audio difficulties]’’ popped up on Wednesday out of concern about the
LAWMAKERS VOTE REMOTELY the livestream feed. coronavirus pandemic.
(By Matt Stout) ‘‘Is the representative finished with her re- The change was agreed on by leadership of
With lawmakers dialing in from across the marks?’’ DeLeo eventually asked. the Republican majority and Democratic mi-
state, the Massachusetts House of Represent- ‘‘Yes,’’ Garlick said. nority of the House in order to keep mem-
atives on Wednesday voted remotely for the Representative Harold P. Naughton was bers from being in close proximity on the
first time in the body’s near 400-year history, the only lawmaker not to cast a vote, but floor of the chamber, as the number of con-
and officially relaunched formal lawmaking the Clinton Democrat had a good excuse: A firmed cases of COVID–19 in Kentucky con-
amid the novel coronavirus pandemic. lieutenant colonel in the Massachusetts tinued to increase.
The historic session, which lasted roughly Army National Guard, he was activated On Monday, lawmakers learned that a leg-
an hour, included one substantive vote: a roughly a month ago and is reporting to islative staffer had tested positive for the
157–0 roll call approving a bill that would Hanscom Air Force Base through May 31, he coronavirus, though no legislators had an-
allow the state to borrow billions of dollars said Wednesday. nounced testing positive as of Wednesday.
over the next eight weeks to help pay its ‘‘I’ve been pushing back information that I In a press release announcing the rules
bills. feel my colleagues need from the vantage change shortly before the House gaveled in
It came amid a surreal scene. As a smat- point of the National Guard,’’ he said in a on Wednesday, House Speaker David
tering of people, including House Speaker phone call, adding he did listen to the ses- Osborne, R–Prospect, said the pandemic is a
Robert A. DeLeo, held court in a mostly sion. ‘‘It was pretty historic.’’ historic challenge to the state, and his
empty chamber, dozens of representatives The Legislature owes its roots to Colonial chamber ‘‘is willing to take equally historic
called in to a network of conference call times, when the ‘‘General Court’’ gathered steps to meet our Constitutional obligations
lines, where other lawmakers gathered and for the first time in 1629 in London and later to the people of Kentucky.’’
recorded their votes. became the government of the Massachu- ‘‘I appreciate the support of our Caucus
A livestream offered a view inside, showing setts Bay Colony. Amid its various members, House Minority Leadership, and
a half-circle of stanchions surrounding the iterations, members have met in person to our staff in making it possible to use every
rostrum to separate DeLeo, House clerk cast votes, and House leaders initially ques- tool available to us in order to finish our
Steve T. James, a court officer, and others— tioned whether the state’s constitution even work’’ Osborne stated.
all of whom were wearing masks—from the allowed it to conduct remote voting. In order to adopt the rules change to allow
rows of seats where representatives would The House’s emergency rules try to limit remote voting, House leadership allowed
otherwise be stationed. who could be in the chamber to DeLeo and members to enter in groups of 25 to cast
Where they actually were ran the gamut. Jones; Aaron Michlewitz, DeLeo’s budget their vote as present and in favor of amend-
Representative William Driscoll Jr., a Mil- chairman; eight ‘‘monitors’’ who would tally ing the rules.
ton Democrat, tweeted a photo from his car votes from members on conference call lines; Under the rules change, members could
parked in the Blue Hills Reservation, the and a few other Republicans, Democrats, and text a photo of their paper ballot vote to des-
livestream playing from a phone propped up staff. ignated members of their party who re-
on his dashboard. Representative Tram T. The bill the chamber passed Wednesday al- mained on the House floor and cast their
Nguyen shared a picture of her logged in lows the state treasurer to borrow any ‘‘nec- votes.
from a kitchen countertop. Representative essary’’ amount this fiscal year and pay it Following the approval of the rules change,
Susannah Whipps showed off a plate of vege- back by June 2021. Donning a gray mask, members voted 89–1 to adopt Senate Bill
tables on her Twitter feed. Michlewitz said from the House floor that 249—freezing the pension contribution rate of
dlhill on DSK120RN23PROD with HOUSE
House leaders discussed for weeks how to the amount could be ‘‘in the range of $3 bil- local government employers—in a nearly
relaunch formal legislative sessions amid the lion,’’ though it will depend on how the empty chamber.
spread of COVID–19, after spending the bet- state’s finances weather the pandemic. The three Democratic leadership members
ter part of two months moving bills through The legislation was first filed by Governor remained on the floor as vote designates,
informal gatherings with no debate and Charlie Baker amid fears the state could face while three Republicans remained as vote
where a single ‘‘no’’ vote could stall legisla- a budget gap after pushing its April 15 tax designates along with Osborne and two other
tion. filing deadline into July, potentially divert- GOP members of leadership.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2033
Two Democratic House members—Reps. [From the Washington Post, Apr. 22, 2020] Then his Zoom link went dead.
Terri Branham Clark and Nima Kulkarni— U.K.’S ZOOM PARLIAMENT LAUNCHES WITH A Raab said, ‘‘I got the gist,’’ and answered
were seen casting their votes on the bill from FEW GLITCHES BUT SHOWS VIRTUAL DEMOC- anyway.
their cars in the parking lot outside the Cap- RACY MAY WORK FOR A WHILE Legislatures around the world are sorting
itol Building. (By William Booth) out how to proceed during the pandemic.
Part of the reason Democratic leadership Some—such as the German Bundestag and
agreed to the change was a pledge they re- LONDON.—Britain’s extraordinary first
Irish Dail—are continuing to meet in person
ceived from Republicans that the House ‘‘Parliament via Zoom’’ proceeded Wednes-
but with social distancing measures. Can-
would take up only vital budget and revenue day in rather ordinary fashion, with the
ada’s Parliament is trying a mix of in-person
bills on the floor Wednesday, and not unre- usual barbed questions and artful evasion by
and virtual, while the U.S. House of Rep-
lated bills. politicians, plus the addition of awkward
resentatives is fighting over a proxy voting
After the passage of SB 249, Rep. Chris Har- views of oversize chins and bookshelves
proposal.
ris, D–Pikeville, entered the chamber and staged as backdrops.
The Brits showed that it was possible to
spoke in praise of Osborne’s move to change Everything was the same, and everything
carry on.
the voting rules—noting that two weeks ear- was a little odd.
Breaking 700 years of tradition, the British The Guardian newspaper’s Andrew Sparrow
lier he spoke on the floor denouncing House observed: ‘‘PMQs without 400-odd MPs in the
Parliament has agreed to serve as a cradle of
Republicans’ decision to remain in session chamber makes everything quieter, calmer,
virtual democracy—to allow members to
and vote on bills that were not related to a more intelligible and more grown-up. . . .
continue to debate, vote and legislate, but
state budget or responding to the Without the jeering and the aggro, it lacked
via video conferencing app, from the safety
coronavirus crisis. gladiatorial edge, and frankly it was prob-
‘‘I thank you for taking these historic and of their own homes, for the duration of Brit-
ain’s coronavirus lockdown. ably a bit more boring than the old PMQs.
unprecedented measures to protect not only But boring is a much underrated virtue in
On Wednesday, there were a few minor
our members, but our families and commu- governance.’’
technical hiccups. Some lawmakers’ heads
nities,’’ Harris said. ‘‘I was critical when I Raab was questioned pointedly about the
were cropped at the eyebrows by the bad
felt you weren’t getting it right, so I want to government’s performance during the out-
framing. Their mics were sometimes too
be just as vocal in complimenting you break.
close or too far away, or the Internet connec-
today.’’ Labour lawmaker Barry Gardiner stated
tion bad, and so voices sounded tinny or muf-
The House later used the same voting that the government’s scientific advisory
fled or like Darth Vader.
method to approve a one-year state budget group on emergencies recommended a
But all in all, for no rehearsals? Not a bad
for the executive branch and other appro- lockdown at the end of February. ‘‘The gov-
opening matinee.
priations and revenue bills that passed the For centuries, it has been essential for ernment claims it has followed scientific ad-
Senate earlier in the day. members of Parliament to be present in the vice,’’ he said. ‘‘But it hasn’t, has it?’’
Mr. MCGOVERN. Mr. Speaker, I re- Houses of Commons or Lords to vote. That’s Starmer asked Raab how it will be possible
serve the balance of my time. why special ‘‘division bells’’ ring out in to go from the current 18,000 coronavirus
Mr. COLE. Mr. Speaker, I yield 1 Westminster’s offices and committee tests a day to the 100,000 promised by the
minute to the gentleman from Wis- rooms—and many bars—alerting lawmakers government by the end of the month.
consin (Mr. GROTHMAN), my very good they have eight minutes to enter their lob- Raab sought to correct Starmer, pointing
bies, before doors are bolted shut. out that the ‘‘capacity’’ stands at 40,000.
friend.
Now, instead, they will get a ping on their Starmer wasn’t having it. ‘‘I didn’t need
Mr. GROTHMAN. Mr. Speaker, I will correcting because I gave the figure for ac-
mobile phones.
bring up three things that are very Britain is trying out ‘‘hybrid proceedings,’’ tual tests being carried out, which is 18,000,’’
wrong with proxy voting that I don’t where up to 50 lawmakers can be in the he said.
think have been brought up today. House of Commons—spaced six feet apart on At the end of the session, Raab was asked
First of all, one of the problems we the green leather benches—while another 150 by a Labour lawmaker if Britain would be
have in this building is, even though of the 650 members can join by Zoom. ‘‘drawn into the U.S. president’s disgraceful
we all represent 700,000 people, there Wednesday’s premiere featured the weekly vendetta against the World Health Organiza-
are some Congressmen who are a great thrust-and-parry session known as ‘‘Prime tion.’’
Minister’s Questions,’’ or PMQs. President Trump has cut off funding to the
deal more powerful than others, and WHO because he says the international body
Foreign Secretary Dominic Raab stood at
this bill will greatly increase the power the despatch box in place of Prime Minister sides too closely with China, where the virus
of leadership. Boris Johnson, who is recovering from the first exploded onto the scene.
Right now, people run into each bout of covid–19 that put him in the hospital Raab said Britain supported international
other in the halls, talk to each other in for a week. efforts and was a ‘‘leading player, whether
the Cloakroom, question parts of the In the sparsely populated House of Com- it’s on vaccines or supporting vulnerable
bill, and sometimes question leader- mons, Raab was quizzed by the new leader of countries, in helping to get through what is
ship’s narrative. This bill says every- the opposition Labour Party, Keir Starmer, a global crisis.’’
who was prosecutorial in his questioning, in- He said the WHO has ‘‘has a role to play.
body is going to be back at home,
sisting the government was slow to order a It’s not perfect, no international institution
which greatly strengthens the power of lockdown, slow to do widespread testing for is—we do need to work to reform it. But we
leadership because people aren’t the virus and slow to get vital protective made clear we consider it an important part
around to question the bill. gowns, masks and visors into the hands of of the international response.’’
Secondly, it lessens bipartisanship. front-line medical workers. Mr. MCGOVERN. Mr. Speaker, break-
When we are gone, we do have con- Speaker Lindsay Hoyle called on law- ing 700 years of tradition, I also insert
ference calls with other Republicans, makers by swiveling his head toward what in the RECORD a March 26 Politico arti-
but I find I talk to Democrats much appeared to be a TV monitor and shouting a
version of: ‘‘We are now going over to Ste-
cle entitled, ‘‘Corona-era European
more when we are in this building; and Parliament: Empty Chamber and E-
phen Kinnock. STEPHEN KINNOCK!’’
by taking people out of this building, Shouting at a television being a time-hon- Voting.’’
you will decrease bipartisanship as you ored tradition everywhere. [From the Politico, Mar. 27, 2020]
make proxy voting the norm. And then Kinnock, a Labour lawmaker CORONA-ERA EUROPEAN PARLIAMENT: EMPTY
Finally, you are penalizing the press. from Wales, popped on the screen for those CHAMBER AND E-VOTING
We should all be available to the press watching on Parliament TV—including
Washington Post reporters—from their (By Maı̈a De La Baume)
after these votes so they get a variety
homes. The chamber was almost empty, even for a
of perspectives. We are going to work presidential address. One lawmaker wore a
At one point, Hoyle shouted for David
our way down to the point where it is Mundell, a Scottish Conservative, who didn’t face mask. And deputies voted remotely for
the Speaker and a few other Democrats answer. the first time in the assembly’s 62-year his-
around, and the press are not going to ‘‘Unable to connect,’’ the speaker said, per- tory.
be able to talk to us all. It is an insult haps creating a new meme, like the famous Welcome to the European Parliament in
to the press. ‘‘orrrrrder, orrrrder!’’ from past days. So the age of social distancing.
Mr. MCGOVERN. Mr. Speaker, I yield they moved on. The Parliament’s special one-day plenary
dlhill on DSK120RN23PROD with HOUSE
In another exchange, Peter Bone, a Con- session on Thursday, held to pass a series of
myself such time as I may consume.
servative from Wellingborough, was com- corona virus emergency measures, was a
I insert in the RECORD an April 22
plaining about his constituents having to mixture of the strange, the surreal and the
Washington Post article entitled, live off their overdraft accounts. ‘‘What on historic.
‘‘U.K.’s Zoom Parliament Launches earth is going on?’’ Bone demanded. ‘‘When Only a handful of the Parliament’s 705
With a Few Glitches But Shows Virtual are the banks going to work in the nation in- members sat in the hemicycle chamber in
Democracy May Work for a While.’’ terest and . . .’’ Brussels. The rest were scattered across the
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H2034 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Continent, following via video-link and vot- Parliament President David Sassoli, back members in an empty room,’’ Charanzova
ing by email from their home countries. in the building following a fortnight working said. ‘‘It’s ridiculous to see the Commission
When European Commission President Ur- from home after a visit to his home country there, and some MEPs. We should have gone
sula von der Leyen delivered a speech chas- of Italy, called the session ‘‘special and completely digital for this plenary and for
tising EU member countries for thinking atypical.’’‘‘It is the first time that a demo- all future plenaries until the crisis is over.
only of themselves at the start of the crisis, cratic parliament uses remote participation, Mr. MCGOVERN. Mr. Speaker, I re-
she stood meters apart from any aides and this has never happened before,’’ Sassoli told serve the balance of my time.
MEPs. MEPs after a first round of emailed votes. Mr. COLE. Mr. Speaker, I yield 2
Parliament President David Sassoli, back ‘‘The European Parliament is called on to
minutes to the gentleman from Oregon
in the building following a fortnight working experiment with things in this way at a mo-
from home after a visit to his home country ment for great danger for our citizens.’’ (Mr. WALDEN), my good friend and the
of Italy, called the session ‘‘special and As experiments go, this one was quite rad- distinguished ranking member and
atypical.’’ ical. former chairman of the Energy and
‘‘It is the first time that a democratic par- The Parliament’s regular plenary venue of Commerce Committee.
liament uses remote participation, this has Strasbourg has been abandoned for the next Mr. WALDEN. Mr. Speaker, I thank
never happened before,’’ Sassoli told MEPs few months, at least. As much as the Par- my friend from Oklahoma, the current
after a first round of emailed votes. ‘‘The Eu- liament has a physical home at all right
now, it’s Brussels.
Republican leader of the Rules Com-
ropean Parliament is called on to experi- mittee, for yielding.
ment with things in this way at a moment Plenary sessions are normally four days
long. But on Thursday everything was We are in unprecedented times, and
for great danger for our citizens.’’
As experiments go, this one was quite rad- crammed into a one-day marathon to push unprecedented times do call for unprec-
ical. through three coronavirus-related measures, edented actions. But using these times
The Parliament’s regular plenary venue of including freeing up 37 billion in EU funding to smash a wrecking ball into the foun-
Strasbourg has been abandoned for the next for member governments and temporarily al- dation of democratic lawmaking by
few months, at least. As much as the Par- lowing airlines not to use their slots at air-
making government more remote,
liament has a physical home at all right ports.
Some of the Parliament’s usual quirks more isolated from the people by dra-
now, it’s Brussels.
were suspended—such as the ‘‘catch the eye’’ matically centralizing even more
Plenary sessions are normally four days
long. But on Thursday everything was procedure whereby MEPs signal to the presi- power with those few at the top in the
crammed into a one-day marathon to push dent that they wish to speak, and the blue majority while giving the range of the
through three coronavirus-related measures, cards raised to indicate a wish to question a House to fewer than 25 Members who
including freeing up 37 billion in EU funding fellow member. show up with votes, with proxies,
Fewer ushers than usual roamed the cham-
for member governments and temporarily al- seems like a return to boss politics.
ber and they kept their distance from one
lowing airlines not to use their slots at air- This is not to say there is never room
another. Interpreters sat alone in their
ports. for improvement in the way the House
Some of the Parliament’s usual quirks booths, rather than being crammed in with
colleagues. Journalists were advised to stay conducts its business.
were suspended—such as the ‘‘catch the eye’’
procedure whereby MEPs signal to the presi- away and watched via video stream. Mr. Speaker, 10 years ago, I led the
Among the few MEPs who attended in per- transition effort for House Repub-
dent that they wish to speak, and the blue
son, Fulvio Martusciello of Italy wore a licans, and we looked at ways that we
cards raised to indicate a wish to question a
large white face mask. A Spanish MEP sport- could modernize Congress and improve
fellow member.
ed a new beard, perhaps a result of personal
Fewer ushers than usual roamed the cham-
confinement.
its operations.
ber and they kept their distance from one But I knew these were matters not to
In the Parliament, MEPs usually vote by
another. Interpreters sat alone in their be taken lightly and we needed an in-
raising their hands or by pushing a button on
booths, rather than being crammed in with clusive, bipartisan approach, and I
their desks to give their verdict on dozens or
colleagues. Journalists were advised to stay
away and watched via video stream.
more amendments before adopting a final took great care to solicit input from
legislative proposal. Democrats and Republicans alike. We
Among the few MEPs who attended in per- But on Thursday they considered only a
son, Fulvio Martusciello of Italy wore a even put up a suggestion box.
few amendments as legislation was rushed
large white face mask. A Spanish MEP sport- What we did was good work. The
through under an emergency procedure. And
ed a new beard, perhaps a result of personal they voted from all across Europe by print- changes were relatively small, but the
confinement. ing out a form, then signing, scanning and process was robust. Unfortunately, the
In the Parliament, MEPs usually vote by reverse is true of this proposal.
emailing it to the Parliament.
raising their hands or by pushing a button on For some, such technological advances ‘‘Regular order,’’ ‘‘accountability,’’
their desks to give their verdict on dozens or were long overdue. ‘‘transparency’’—for the most part—
more amendments before adopting a final ‘‘Corona drags the European Parliament
legislative proposal. ‘‘bipartisanship,’’ these are words that
into the 21st century,’’ tweeted Dutch cen-
But on Thursday they considered only a govern the Energy and Commerce Com-
ter-left MEP Lara Wolters, above a picture
few amendments as legislation was rushed of her smiling as she signed a ballot paper. mittee, the Republicans and Demo-
through under an emergency procedure. And Bulgarian center-right MEP Eva Maydell crats. As the Republican leader of the
they voted from all across Europe by print- also endorsed the innovation. But, she added, Energy and Commerce Committee, I
ing out a form, then signing, scanning and ‘‘this way of voting is only feasible for single am concerned what this proposal
emailing it to the Parliament. votes. We need another solution for longer means for the committees.
For some, such technological advances votes.’’ How do we preserve the rights of all
were long overdue. Some MEPs apparently doubted their col-
The chamber was almost empty, even for a leagues were up to the challenge of the new
Members on both sides of the dais from
presidential address. One lawmaker wore a system. German Green MEP Rasmus top to bottom as we Zoom through
face mask. And deputies voted remotely for Andresen asked his fellow lawmakers on hearings and markups?
the first time in the assembly’s 62-year his- Twitter not to ‘‘send your votes to all col- How do we preserve the integrity of
tory. leagues (dont push the ‘‘reply all’’ Button). the proceedings?
Welcome to the European Parliament in It’s good to be transparent, but i dont want What if there is a technology failure?
the age of social distancing. to receive about 2000 emails with your votes What if somebody makes a mistake
The Parliament’s special one-day plenary in my inbox today.’’ (No older MEPs shot using the technology, like accidentally
session on Thursday, held to pass a series of back by criticizing his lack of apostrophes or
coronavirus emergency measures, was a mix-
muting another Member or them-
use of upper and lower case letters.)
ture of the strange, the surreal and the his- Other MEPs complained about formatting
selves? Haven’t we all, by now, experi-
toric. issues with the first ballots that were sent to enced the inadequacies of video confer-
Only a handful of the Parliament’s 705 them, including trouble converting the docu- encing?
members sat in the hemicycle chamber in ments into a PDF if they were using Apple No serious legislator can believe that
Brussels. The rest were scattered across the devices. remote hearings, remote meetings, and
Continent, following via video-link and vot- Dita Charanzova from the centrist Renew remote markups are improved by these
dlhill on DSK120RN23PROD with HOUSE
ing by email from their home countries. Europe group told POLITICO the Parliament changes.
When European Commission President Ur- should have gone entirely digital and regret- Moreover, this rules change further
sula von der Leyen delivered a speech chas- ted that staff such as ushers had to attend,
tising EU member countries for thinking given that people are meant to be staying at
dehumanizes our processes. We all
only of themselves at the start of the crisis, home for health reasons. know social media has become a cancer
she stood meters apart from any aides and ‘‘We are now a digital Parliament, no one on civility. Further distancing Mem-
MEPs. should have to take a risk just for a few bers will not improve our relationships.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2035
Think of what gets worked out between shares that view, Ms. PELOSI shares and say ‘aye’ or ‘nay.’ ’’ And when C–
Members here on the floor or in the that view, Mr. MCCONNELL shares that SPAN was introduced: Oh, my. How
committees. view. radically that would change the House.
We need more bipartisan dialogue in But when that is not possible because I reject, I say again, that this is any
this country, not less, so I urge my it poses a mortal danger—86,000 plus of kind of radical change. What it is is the
Democratic colleagues to withdraw our fellow citizens have died because use of technology to accommodate the
this proposal and work with us to pre- they contracted COVID–19. It poses a crisis we confront.
serve the great democratic traditions mortal danger to the health of Mem- We had many productive discussions
of the U.S. House that will work in this bers, staff, press, and the public, and through our bipartisan task force, and,
challenging time. therefore, we must provide an alter- Mr. Speaker, I thank Mr. COLE, I thank
native way to do the people’s business. Mr. DAVIS, I thank Minority Leader
b 1345 MCCARTHY. I congratulate JIM MCGOV-
Now, let me say that we had a bipar-
Mr. MCGOVERN. Mr. Speaker, I yield tisan task force. At the first task force ERN, the chairman of the Rules Com-
myself such time as I may consume. meeting, RODNEY DAVIS, Republican mittee, for his fairness and for his at-
Mr. Speaker, I have been inserting from Illinois, said, ‘‘We want the Con- tentiveness to everybody’s position.
various articles into the RECORD show- gress to be able to work.’’ We didn’t reach agreement. I am
ing other States and other parliaments My colleague said that, cynically, we sorry that we didn’t reach agreement.
and congresses across the world oper- could observe that perhaps for those But we took a lot of the ideas that our
ating remotely to prove a point that it who may not be able to garner a major- friends on the Republican side of the
can be done. ity for what we pass, perhaps they aisle suggested. They were good sug-
I don’t know whether my Republican don’t want us to work. gestions, and we incorporated them in
friends are just intimidated by tech- I hope that is not the case. what we are doing.
nology. I mean, listening to some of I know the administration does not We are including in this resolution
them, I think they think bifocals are a want us to do oversight, but that is our the requirement that any software
radical idea. But the bottom line is: We responsibility. platforms are to be approved by the
can do this. This resolution will enable the House chief administrative officer, so some
The United States Senate had a re- to conduct its work in full without technology that is not accepted or
mote hearing, and it worked out just risking the health and safety of Ameri- proved to work would not be used, and
fine. cans and communities across the coun- allowing committees to hold hybrid
The bottom line is that we are in the try from which Members come and to hearings, which I just referred to, with
middle of a health crisis, a pandemic, which they will return. both remote and in-person participa-
and we need to make sure that we can It allows committees to use remote tion simultaneously.
continue to do our work in a safe and However, Mr. Speaker, we were un-
technology to conduct hearings and
orderly way. able to reach a consensus on adopting
mark up legislation, technology al-
I mean, if I were cynical, I would 21st century tools that would allow the
ready in use safely and effectively by
think the reason my Republican House to meet its constitutional re-
millions of Americans, including the
friends are against this is to make sure sponsibilities during this emergency,
Supreme Court, nine people who have
we don’t do anything. And I get it. which is why Democrats are bringing
decided they ought to be separated and
They may not like the fact that we are this resolution to the floor today.
are therefore doing what has never I hope, however, with this resolution
trying to address the needs and the been done in history. It is not a revolu- now on the floor, that Republicans will
concerns of the American people, but tion. They are using technology to do join us in voting for it, and I urge them
we are going to do this, and I hope we the same thing they could do in the to do so.
get a bipartisan vote on this. hearing chamber of the United States If, in fact, you want the Congress to
Mr. Speaker, I yield 1 minute to the Supreme Court, period. be able to act and exercise our respon-
gentleman from Maryland (Mr. HOYER), The United States Senate, as so sibilities, you will vote for this rule,
our distinguished majority leader. many of my colleagues have observed, because it simply enables us to do what
Mr. HOYER. Mr. Speaker, I thank held a virtual hearing. The chairman we have historically done: held hear-
the gentleman for yielding. was not there. He was quarantined. The ings, voted on bills, brought them to
Mr. Speaker, I want to remind us witnesses were not there. They were the floor, had amendments, and passed
today of President Lincoln’s words to quarantined. them, the only difference being that
Congress. He said this: ‘‘The dogmas of Now, there were, as Mr. MCCARTHY there will be some people, maybe many
the quiet past are inadequate to the has suggested, Members in the hearing people, who will be doing so, as tech-
stormy present. The occasion is piled room. So it is what Mr. MCCARTHY re- nology enables us to do, virtually.
high with difficulty, and we must rise fers to as a hybrid hearing. This rule We know that remote technologies
with the occasion. As our case is new, provides for that. work, because the committees have al-
so we must think anew and act anew.’’ It will also permit the use of proxy ready been using them to hold meet-
So said President Abraham Lincoln. voting on the House floor and takes ings, host forums, and engage in dis-
So it is today. steps toward adopting remote voting cussions about legislation.
This occasion is piled high with dif- once a platform has been deemed se- Many State legislatures, Mr. Speak-
ficulty, but we must rise to the occa- cure. er, and foreign parliaments have al-
sion. Our challenges are piled high, and I had hoped that Democrats and Re- ready adopted these technologies suc-
this House must rise to meet them. publicans could move forward with cessfully. By the way, one of them is
We find ourselves in new and unprec- such changes on a bipartisan basis. Kentucky, for what it is worth.
edented circumstances, so, Mr. Speak- I absolutely reject any theory that The Washington metro area is still
er, we must think anew and act anew. the character of the House is being experiencing a high rate of infections,
The House has a duty to the Amer- changed by this rule, absolutely reject which has not yet peaked.
ican people to do its job, even in a cri- it. My friend is shaking his head, ‘‘No, So our doctor, on whom we have re-
sis like this one that nobody on this it is.’’ lied for some of our health needs, says
floor has ever experienced. The House Nothing changes. The same people the best practice would be not to come
has a duty to the American people to vote, the same issues will be consid- together in one room, whether it be a
do its job, especially in a crisis like ered, the same witnesses will be heard, committee room or the floor of the
this. the same committee rules will be fol- House, but would be to have people
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Let me say at the outset, Mr. Speak- lowed. The only thing that changes is have the opportunity to vote remotely.
er—I want my colleagues to hear me on the technology that is available to us. That is why the Capitol physician
this—that there is no substitute for By the way, when that board was lit has cautioned us against bringing
personal interaction of Members in a up, there were some who people Members to Washington.
committee room or on the House floor. thought that was a radical change: ‘‘I At the same time, more than half of
I share that view, Mr. MCCARTHY ought to be able to stand on the floor those employed here as staff or support
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H2036 CONGRESSIONAL RECORD — HOUSE May 15, 2020
workers commute to the Capitol com- a bipartisan piece of legislation ena- together. We have done a lot in the last
plex on public transit, and they are bling this body to work in an effective few weeks, and to suggest that we
concerned. We have an obligation to way, albeit virtually. would deliberately sabotage the oper-
protect them and their families as well. ation of the House simply because we
b 1400
This change is not permanent. This is disagree with you is wrong.
to meet a temporary catastrophe that Mr. Speaker, I want to thank Chair- Quite frankly, doing nothing is bring-
confronts our country which we have woman LOFGREN from the House Ad- ing a bill to this floor—which you are
not seen the likes of for over a century. ministration Committee and Chairman getting ready to do in H.R. 6800—that
It will not advantage or disadvantage MCGOVERN from the Rules Committee you know the Senate won’t pick up and
either party. There is no partisan ad- for their tireless efforts on this resolu- you know the President won’t sign.
vantage in this rule; none, zero, zip. tion, and I want to thank all of the That is doing nothing.
It does not fundamentally alter the Members who have been patient while We have proven that working to-
nature of the House or how it operates. we negotiated with Republicans gether we can do a lot. All we ask is,
Let me repeat that. It does not fun- through the bipartisan task force, hop- let’s return to that.
damentally alter the nature of the ing to produce a resolution that was bi- Mr. Speaker, I yield 2 minutes to the
House or how it operates. partisan in its authorship. gentleman from Alabama (Mr. ROG-
Having said that, there is a very fun- ERS), the distinguished ranking Repub-
There is no dangerous precedent
damental difference. I understand that. lican Member on the Homeland Secu-
here, only a commonsense solution to
Mr. COLE, at the hearing, offered a rity Committee.
an unprecedented crisis that demands Mr. ROGERS of Alabama. Mr. Speak-
our ingenuity and adaptability as an scholar’s opinion that it would be un-
constitutional to do this. Mr. MCGOV- er, I thank my good friend from Okla-
institution. homa for yielding.
Now, I said it hasn’t happened for ERN offered another scholar’s opinion
Mr. Speaker, I rise in strong opposi-
more than a century. 1918, during the that it was fully constitutional to do
tion to H. Res. 965. This blatant, par-
Spanish flu, they passed many, many this.
tisan move to fundamentally alter the
pieces of legislation with two or three If that is the fundamental difference,
way the House and committees operate
people on this floor. I understand. But it is not because it
completely undermines the rights of
Perhaps my colleagues on the other radically changes the way this House the minority and over 200 years of
side of the aisle think that is better works or radically changes the votes of precedent.
than the 432 others by technology say- the majority or the minority, or radi- As ranking member of the Homeland
ing, ‘‘I vote aye,’’ ‘‘I vote nay,’’ wheth- cally in any other way changes this Security Committee, I am particularly
er it is in committee or, frankly, on House of Representatives to a body concerned how this resolution over-
this floor. that is not represented. This resolution rides the rules of our committee. At
Indeed, to paraphrase Lincoln: This remains bipartisan in its ideas, and I the beginning of the Congress our com-
is how to think anew and act anew. hope it will be bipartisan in its adop- mittee negotiated with the majority a
That is all we are doing. tion. set of rules that protected minority
We need to have a system in place Once it has passed, I would ask my rights. Now those rules are being
not only to deal with the current cri- colleagues to familiarize themselves thrown out and replaced by regulations
sis, but future emergencies, including with its new proxy voting requirements written by the chairman of the Rules
the possibility that another surge of and to adhere strictly to them. That Committee, regulations that the mi-
COVID–19 is going to happen this fall. will allow the Clerk’s office to more ef- nority first saw only hours ago.
If we fail to act now, as we failed to fectively fulfill its role of recording I don’t understand why Speaker
act after 9/11, we may be in a lot of and counting Members’ votes with ut- PELOSI doesn’t trust her chairmen and
trouble come September, without the most accuracy. chairwomen to negotiate with their
capacity to join us all together in this Again, Mr. Speaker, I urge all of my ranking members on ways to accommo-
Chamber, but still with the capacity to colleagues to join me and many others date committee business during this
join us all together and participate in supporting this resolution and per- pandemic. But, apparently, she just
pursuant to the rules of this House, mitting the House to do its work safely doesn’t trust them.
even though we do so virtually. and in compliance with social and One of the things that concerns me
This resolution isn’t just about physical distancing practices urged by most about this resolution is that
adopting remote working tools for the all of our medical personnel. nothing guarantees that Republican
House. It is about ensuring that the Mr. COLE. Mr. Speaker, I yield my- Members are going to properly be noti-
House of Representatives, the people’s self such time as I may consume. fied and able to fully participate in vir-
House, conducts its constitutional du- Mr. Speaker, I have been extraor- tual committee hearings. That may
ties of policymaking and oversight ef- dinarily restrained in this debate be- sound petty to you, but, unfortunately,
fectively and safely. cause I have a lot of speakers that need on my committee, it is already the re-
I am not sure the executive depart- to have time on the floor to express ality. For the last 2 weeks, Homeland
ment is shedding any tears that we are their feelings. Sometimes when the Security Democrats have been holding
other side repeatedly says things that virtual hearings without notifying Re-
not here.
are either out of context or deserve a publican Members. To make matters
Hear me: It is about making sure
worse, they restricted participation to
that our system of checks and balances rebuttal, you have got to respond. To
only a handful of their Members. I fear
remains fully in place by keeping the my good friends on the other side who
this resolution will only further em-
House functioning to the full extent of have cited the Senate committee, they
power the misconduct on my com-
its abilities even, as I said, it does so know in negotiations we said we would
mittee and cause it to spread to others.
virtually. be happy to do exactly that. We just Worst of all, this is being done for
Frankly, when I say something to want markups to be in person. So the short-term benefit of the majority,
people on some of this technology, please don’t use the Senate committee and not the American people.
whether it is Zoom, FaceTime, Teams, as if we somehow were opposed to that. Mr. Speaker, I include in the RECORD
WebEx, or any other technology of that Second, my friend said we are intimi- a letter from all ranking members op-
type, very frankly, when I am looking dated by technology. We are not in- posing this resolution.
at TOM COLE on that, as we did a couple timidated by technology. Heavens. WASHINGTON, DC,
of times, I see him on the screen, I We respect tradition and we think May 14, 2020.
know it is TOM COLE, and when TOM there is a better way to do this. As my Hon. STENY H. HOYER,
dlhill on DSK120RN23PROD with HOUSE
COLE says something, I know that that friends know, we moved toward them Majority Leader of the House,
is what TOM COLE is saying. in the course of that discussion. Washington, DC.
DEAR MAJORITY LEADER HOYER: We write
There is no secrecy here. There are Finally, my very good friend, the in regards to H. Res. 965, which proposes par-
no smoke and mirrors. There is no ad- chairman, said this was a plot maybe tisan changes that facilitate remote and vir-
vantage to either party by this. That is to do nothing. We have passed four bi- tual committee operations while the House
why I do not understand why this isn’t partisan pieces of legislation working remains in recess.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2037
When the Majority first released proposed mittee on Science, Space and Tech- cially for older Americans and especially so
rule changes a few weeks ago, we couldn’t nology; Sam Graves, Ranking Member, when large numbers of people congregate
possibly imagine it could get any worse for House Committee on Transportation closely together physically, which is a char-
the House as an institution. Yet, somehow, and Infrastructure; Kevin Brady, Re- acteristic of Congress. As the congressional
the Majority managed to write an even more publican Leader, Committee on Ways & physician noted, meeting together in the tra-
egregious package of rules changes and Means; Garret Graves, Ranking Mem- ditional way is currently dangerous for law-
seems hellbent on pushing these changes ber, Select Committee on the Climate makers, their staffs, all those working in the
through without bipartisan consensus. Crisis; Tom Cole, Ranking Member, Capitol complex, and all those they come
Upending more than 200 years of precedent House Committee on Rules; Steve into contact with. Travel on common car-
through partisan fiat will jeopardize the de- Chabot, Ranking Member, House Com- riers like airlines or trains is also dangerous,
liberative process of the House of Represent- mittee on Small Business; Phil Roe, and it is possible that airlines will be shut
atives and our ability to represent our con- Ranking Member, House Committee on down or curtailed enough that lawmakers
stituents. The House will be in session this Veterans’ Affairs; Devin Nunes, Rank- back home would not be able to get back to
week with debate being held and votes being ing Member, Permanent Select Com- the Capitol if there were an urgent need to
cast. If the whole House can conduct busi- mittee on Intelligence; Tom Graves, meet to act for the benefit of the American
ness while adhering to health guidelines, Ranking Member, Select Committee on people.
then so too can our Committees. the Modernization of Congress. So the steps you have proposed, along with
The work of committees should be Majority Leader Hoyer and House Adminis-
prioritized to ensure that we are producing Mr. ROGERS of Alabama. Mr. Speak-
tration Chair Lofgren are thoughtful, bal-
thoughtful legislation to support the con- er, many of my constituents are show- anced and sensitive to the need to create a
tinuing response to COVID–19 and to foster a ing up to work every day; from grocery plan to meet and vote remotely, while also
robust economic recovery for the American store clerks, to nurses, doctors, police- understanding that this is a big step, given
people. Properly prioritizing this work will men, and first responders. If the House both the traditions of the House and the im-
ensure greater flexibility in scheduling and had the resolve and the courage to do peratives built into the Constitution. You
increase our ability to follow all applicable the same, we wouldn’t need this par- commendably recognize that this first set of
health guidelines. steps should be temporary, triggered only
Congress has already demonstrated that tisan resolution. This is disgraceful. I
urge all Members to vote ‘‘no.’’ when absolutely necessary, and can and
we can come together during this crisis to should be followed by additional action when
address the needs of the American people. Mr. MCGOVERN. Mr. Speaker, I yield we are confident that there are secure and
Unfortunately, many of the proposed myself such time as I may consume. usable technologies to allow remote voting,
changes in H. Res. 965 are only necessary if Mr. Speaker, I include in the RECORD remote debate and deliberation, remote
you seek to move partisan measures or legis- a May 13 letter from Norman Ornstein, markups in committees, and so on. And you
lation un-related to the COVID–19 response. a current resident scholar at the Amer- have pledged that you will write regulations
The proposed resolution gives unilateral that will balance the needs of majority and
authority to Chairman McGovern to deter- ican Enterprise Institute in support of
our plan here. minority, be transparent, and avoid the
mine how committees manage their busi- kinds of manipulation that can occur with
ness. Currently, committees are required to MAY 13, 2020.
DEAR CHAIRMAN MCGOVERN: I want to com- unlimited proxy voting.
vote to ratify proposed committee rules, but I hope the House, in a bipartisan fashion,
this new superpower will allow a single Mem- mend you for the careful and thoughtful re-
port you have issued and on which the House will endorse your plan and make sure we
ber of the House to determine the rules of have a functioning House throughout this
the road for all without amendments and will soon act to provide the first important
and meaningful steps to allow the House to terrible crisis, to do what the Framers ex-
without a vote. pected from the people’s house, and to pro-
The issuance of a subpoena and conducting operate during a dire emergency that may
leave large numbers of members unable to tect the interests and liberties of all of us.
a deposition are serious matters. To allow Sincerely,
remote depositions underscores how work and be present in the Capitol to meet,
vote and do other important business, in- NORMAN ORNSTEIN,
unserious H. Res. 965 truly is. A deposition is Resident Scholar,
an important tool for committees to use and cluding crafting and marking up legislation
and doing important oversight. The American Enterprise Institute.
it should not be subject to the uncontrolled
environment of an untested virtual setting. As you know, I have been focused since 9/ Mr. MCGOVERN. Mr. Speaker, in re-
The rights of the Minority in the House 11 on making sure we have a functioning sponse to the gentleman who just
must be protected. Without the ability to en- Congress at times of emergency; Congress is spoke, I don’t know what he is talking
sure the rights of our Members are secured, the first article in the Constitution, the first about, but there is nothing in this
we cannot support your efforts and will op- branch, for a reason, and it is essential for package that we are presenting that
pose any attempt to alter the rules. our freedom and our system of democracy
As Ranking Members of all standing and that it be working and acting at all times,
would undermine minority rights. I am
select committees, we oppose this partisan but especially during crises. The alternative happy to urge him to have his staff
assault on the rights of the House Minority is government by executive fiat, or no gov- contact ours, but what he is talking
and our ability to effectively represent the ernment at all. That spurred the creation of about has nothing to do with what we
American people. the Continuity of Government Commission, are discussing here today.
Sincerely, co-chaired by the late Lloyd Cutler and I reserve the balance of my time.
Michael Conaway, Ranking Member, former Senator Alan Simpson, and which I Mr. COLE. Mr. Speaker, I yield 1
House Committee on Agriculture; Mac have served as senior counselor. minute to the distinguished gentleman
Thornberry, Ranking Member, House My first interests, of course, stemmed from
from Illinois (Mr. BOST), my very good
Committee on Armed Services; Vir- the terrorist attacks in 2001, but they were
ginia Foxx, Ranking Member, House broadened by the anthrax scare that followed friend.
Committee on Education and Labor; shortly thereafter. If it had been more di- Mr. BOST. Mr. Speaker, I thank my
Kenny Marchant, Ranking Member, rected and concerted, it could have resulted friend from Oklahoma for yielding to
House Committee on Ethics; Michael in widespread deaths and incapacitations of me.
McCaul, Ranking Member, House Com- lawmakers in the House and Senate, mean- Mr. Speaker, the American people
mittee on Foreign Affairs; Rodney ing no quorum to meet the express Constitu- are sacrificing on the front lines. It has
Davis, Ranking Member, Committee on tional requirement and therefore no Con- already been discussed about the truck
House Administration; Kay Granger, gress for months or longer. That set of drivers, the nurses, and all of that.
Ranking Member, House Committee on events also meant that in our Continuity of I was going to go on to that, but then
Appropriations; Steve Womack, Rank- Government Commission, we had to consider
ing Member, House Committee on the the possibility of a crisis that could include
when I sat on this floor and listened to
Budget; Greg Walden, Ranking Mem- a bio-attack, a pandemic, or a natural dis- things that were being said—remem-
ber, House Committee on Energy and aster. One of the things we discussed and ber, I come from the State of Illinois
Commerce; Patrick McHenry, Ranking considered, especially reflecting the interest where over a long period of time, about
Member, House Committee on Finan- of your colleague Jim Langevin, was the 35 years, we have seen small moves
cial Services; Mike Rogers, Ranking need to have a capability for Congress to de- that sounded so good at the time, giv-
Member, House Committee on Home- bate and vote remotely if members were ing all of their power to the Speaker—
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land Security. scattered across the country and could not all of their power given away, which is
Jim Jordan, Ranking Member, House meet together face to face in the Capitol or
Committee on Judiciary, House Com- another designated forum.
not what our Founding Fathers said.
mittee on Oversight and Reform; Rob Unfortunately, Congress, in the nearly 20 Mr. Speaker, the sponsor of this bill
Bishop, Ranking Member, House Com- years since 9/11, took no significant steps to has said on several occasions that he
mittee on Natural Resources; Frank deal with these issues. Now they are back in would like to insert this statement
Lucas, Ranking Member, House Com- a very serious way. COVID–19 is deadly, espe- into the RECORD and this article into
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H2038 CONGRESSIONAL RECORD — HOUSE May 15, 2020
the RECORD. Well, they do not change The Constitution here did not catch Mr. BYRNE. Mr. Speaker, I was lis-
the facts of Article I, Section 5 that are the virus. Why are we voting on a tening to the majority leader talk
so clear, that this is unconstitutional. measure here to basically suspend it? about a statement that Abraham Lin-
I hope for the sake of the people who These rules have been in place since ba- coln made. He made it in his annual re-
I represent or the people who each one sically 1789. port to the Congress on December 1,
of us represent that the Members will Mr. Speaker, our constituents elected 1862. In that message, he proposed one
stand against this proposed rule, a rule us to come to Congress and do our job of the dumbest ideas that has ever been
that gives more power to one person in- and be their voice in Washington, D.C. put forth in this Congress and that
stead of the individuals that we have This would only mute their voice. was: instead of freeing the enslaved
here the way it was originally set up. Just as ballot harvesting in my State people in this country, we would round
Mr. Speaker, as I direct my com- has led to some shady and even fraudu- them up and put them on boats and
ments toward you and the Chair, I lent outcomes, Members of Congress take them back to Africa. That is what
would like to say this: If you believe should not have to be here to be pos- was in his message.
that I, as a Member, am going to give sibly coerced by certain other Members He talks about the tired dogmas of
up by proxy the ability to represent my to how their votes should be shaped. the past. The Constitution is not
720,000 people, it will not happen. We need to be able to show up. It is not dogma. It is the fundamental law of
Mr. MCGOVERN. Mr. Speaker, the that hard, really, at the end of the day. this country.
good news is that the gentleman We have a higher calling to come b 1415
doesn’t have to give anything up. here and do our job and be present to
have these interactions, to have these Remember, on December 1, 1862, this
Mr. Speaker, how much time re- Congress was in this room. Fifty miles
mains? conversations, especially when we are
talking about possibly $3 trillion of away, 10 days later, a fierce and awful
The SPEAKER pro tempore. The gen- battle took place in Fredericksburg,
tleman from Massachusetts has 11⁄2 new spending that is going to be debt
for the grandkids that we are still try- with 18,000 casualties. If it hadn’t been
minutes remaining. The gentleman winter, the Confederate Army could
from Oklahoma has 81⁄2 minutes re- ing to be helpful to in our future gen-
erations. have come here and taken this build-
maining. ing. Yet, they continued to meet here,
Mr. MCGOVERN. Mr. Speaker, I re- I urge a ‘‘no’’ vote on this and we
need to stop and think of what we are through pandemics of yellow fever and
serve the balance of my time. malaria. This was the hottest spot in
Mr. COLE. Mr. Speaker, I yield 1 doing here.
Mr. MCGOVERN. Mr. Speaker, I re- the country for typhoid fever for over
minute to the distinguished gentleman 15 years, and the Congress still met in
serve the balance of my time.
from Ohio (Mr. LATTA), my very good Mr. COLE. Mr. Speaker, I yield 1 this room.
friend. minute to the distinguished gentleman Millions of Americans go to work
Mr. LATTA. Mr. Speaker, I thank my from Arkansas (Mr. WESTERMAN), my every day, doing their jobs, and they
friend for yielding. very good friend. expect us to do the same. Instead of
Mr. Speaker, I rise in opposition to Mr. WESTERMAN. Mr. Speaker, why adopting this very ill-considered rule,
H. Res. 965, which is a flagrant dis- is it not too big of a health concern to we should all get to Washington, do our
regard to the Constitution and House call us back from all across the coun- jobs, and take care of the American
traditions. try to vote on a useless messaging bill people.
Proxy voting has previously been de- Mr. MCGOVERN. Mr. Speaker, I re-
that will wither on the vine outside
liberated in this body. In 1970, an serve the balance of my time.
this Chamber, but it is too much to ask Mr. COLE. Mr. Speaker, I yield 1
amendment was offered to ban all us to come back and hold committee
forms of proxy voting in committees. It minute to the gentleman from the
hearings? great State of Pennsylvania (Mr.
argued committee members should be Proxy voting shouldn’t happen; not
present in person to listen to debate, PERRY).
now, not ever. If Members of Congress Mr. PERRY. Mr. Speaker, this isn’t
discuss, and vote. Proxy voting tends are unwilling to do their job, they
to add to the cloud of suspicion hang- about changing the rules to get things
should step down and let someone else done. This is about changing the rules
ing over Congress. do it. If politicizing a process weren’t
The use of proxy voting on important to hide what is done and who has done
enough, the Speaker is now weakening it.
bills gives up a Member’s voice and the core foundations of Congress. This rule would change what is going
adds to the appearance of secrecy. In Already, House Democrats have dem- to happen shortly here, which is a bill
1974, an amendment was offered to en- onstrated their expertise at crafting that provides another $1 trillion to
tirely ban proxy voting. It was adopted partisan bills behind closed doors. And State and local governments in addi-
by this House but later overturned by on the Natural Resources Committee, tion to the funds provided under the
the Democratic Caucus. A CRS report they have been holding partisan virtual CARES Act. Now, much of the $1 tril-
gave the opponents’ views to proxy vot- hearings disguised as roundtables with lion already sent to the States has yet
ing by stating that it contributes to no Republican input. to be spent.
the domination of committee chairs, I will concede to my colleagues Take my home State of Pennsyl-
contributes to absenteeism, and de- across the aisle that proxy voting will vania, Mr. Speaker, where the Gov-
tracts from the care necessary to for- keep the process moving: the wrong ernor there has withheld CARES Act
mulate sound legislation. process, the wrong direction, and for funding and extorted the counties to go
A history maxim states that he who all the wrong reasons. I am not only along with his indefinite shutdown, the
forgets the past is condemned to repeat concerned about how we will be voting; untimely deaths of hundreds and thou-
it. Learn from our past and vote ‘‘no.’’ I am also concerned about what we will sands in nursing homes, and the bank-
Mr. MCGOVERN. Mr. Speaker, I re- be voting on. ruptcy of many of our citizens.
serve the balance of my time. Is the plan now for a handful of Mem- This unnecessary and unconstitu-
Mr. COLE. Mr. Speaker, I yield 1 bers to come back to D.C. every other tional mandate has resulted in 1.8 mil-
minute to the distinguished Member week to vote on yet another messaging lion Pennsylvanians losing their jobs.
from California (Mr. LAMALFA), my bill from the Speaker? This is wrong We are fifth in population, number one
good friend. and none of us should stand for it. Re- in unemployment, and one or two in
Mr. LAMALFA. Mr. Speaker, I thank publicans are ready to get back to real untimely deaths in nursing homes.
my colleague from Oklahoma for yield- work. I ask Speaker PELOSI to please Despite all the CARES Act funds
ing. quit playing games with the rules and that we have already given, 41 days is
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Mr. Speaker, our Founders used to let us do our jobs. what it takes, on the average, for
ride days on horseback, on wagons, and Mr. MCGOVERN. Mr. Speaker, I re- somebody to receive unemployment
through unkind conditions to get to serve the balance of my time. benefits run by the State.
D.C. to do their jobs for all of us at the Mr. COLE. Mr. Speaker, I yield 11⁄2 More money isn’t going to help any-
time. We only have to brave TSA lines minutes to the distinguished gen- thing here, Mr. Speaker, not one more
and occasionally delayed flights. tleman from Alabama (Mr. BYRNE). cent.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2039
Mr. MCGOVERN. Mr. Speaker, I re- A PLAN FOR THE PEOPLE’S HOUSE provisional occupancy levels—with an eye
serve the balance of my time. FOUR STRATEGIES TO REOPEN CONGRESS AND towards possible reconfigurations to accom-
Mr. COLE. Mr. Speaker, I yield 1 RESTORE AMERICA’S VOICE modate physical distance.
Additionally, measures should be explored
minute to the gentleman from the (By Kevin McCarthy) to engineer temporary controls or barriers in
great State of Michigan (Mr. Benjamin Franklin once said, ‘‘If you fail locations where physical distance is difficult
WALBERG). to plan, you are planning to fail.’’ to achieve, as is currently happening in gro-
Mr. WALBERG. Mr. Speaker, I had Recently, we called on Speaker Pelosi to cery stores and other places of public accom-
an experience just last week, in a vir- establish a clear, safe, and effective plan for modation across America. For example,
tual hearing, when it came my turn to reopening the House of Representatives. This plexiglass dividers could be installed in high
follows the White House and America’s gov- trafficked areas, like security checkpoints,
push the ‘‘mute off’’ button on the
ernors releasing their own detailed plans for or possibly in committee hearing rooms
microphone, it didn’t work. I was a phased reopening of society, and now, both along the dais to provide further separation
passed over. Then, when I texted in to the United States Senate and Democratic between members.
find out why, I was told, basically: Speaker of the California State Assembly STRATEGY 2: EMPLOY A PHASED RETURN WITH
That is too bad. We will catch you at calling their members back into session. COMMITTEES
the end. In the interim, a bipartisan taskforce has Just as our states are employing a phased
The only place for us to be in this been convened—on which we are all serving— reopening approach, Congress should do so as
Congress is where we are supposed to to further explore ways in which Congress well—beginning with committees and sub-
be, and that is here. We ought to be can operate during this challenging time. committees as the engines of regular order.
While differences remain, it has become Currently, the average total membership
doing our work together. clear through our initial meetings that all of a standing House Committee is approxi-
Let me read you a quote from Gen- members of our taskforce share several fun- mately 40 members, with average sub-
eral Omar Bradley, a famous general damental beliefs. committee membership in the teens.
who understood the cost of leadership. First, the business of the People’s House is Each committee should present an outline
He said, of the Athenians: ‘‘essential work’’ that must not be sidelined to the Majority Leader detailing their pro-
In the end, more than they wanted free- or ground to a halt. jected business meetings for the month
dom, they wanted security. They wanted a Second, there is intrinsic value in a Con- ahead, along with estimated attendance lev-
comfortable life, and they lost it all—secu- gress—a physical meeting of people and els.
rity, comfort, and freedom. When the free- ideas—that should be dutifully guarded. Working backwards, this information
dom they wanted most was freedom from re- And third, any changes to centuries-old could be used to generate a staggered busi-
sponsibility, then Athens ceased to be free. rules and precedents of the House should be ness calendar, with rotating use of larger
done in a deliberate and bipartisan way. committee hearing rooms where necessary.
Mr. Speaker, together, we work for As we enter this indeterminate period be- Precedence should be given to bipartisan
the freedom of this country. tween outright mitigation and a return to COVID–19 response measures and other high-
Mr. Speaker, I would submit to you normalcy, everyone recognizes that our typ- priority legislative items, such as the Na-
that if I am not willing to do what is ical ways of doing business will need to ad- tional Defense Authorization Act, Water Re-
necessary to be here, then it is time for just. Simply put, Congress will look and feel sources Development Act, and FY21 appro-
me to consider turning over to some- different. priations measures.
However, we believe there is a pathway for- By directing committees to focus on legis-
body else. I would suggest that that lation that has bipartisan and bicameral ap-
ward that enables the House to fully perform
ought to be for all of us who are privi- peal, we can make the most of each mem-
its key functions without compromising our
leged to represent people in this august shared values or sacrificing bedrock norms. ber’s time and effort, thereby making the
body, which is not like any other par- To that end, we offer four strategies that House more productive.
liamentary body in the world, not like should form the basis of any plan to reopen This system would also ensure greater
a State legislature. This is the U.S. Congress and restore America’s voice. These transparency and regular order for all mem-
bers—as opposed to centralized decision-
Congress. Let’s act like it. strategies are based on the advice of public
health professionals, as well as guidance making by a select group of leadership and
PARLIAMENTARY INQUIRY staff that reduces the role of representative
from parliamentary experts with decades of
Mr. MCGOVERN. Mr. Speaker, I have combined House experience. to merely voting ‘‘yea’’ or ‘‘nay’’ on pre-
a parliamentary inquiry. We believe embracing this approach would drafted proposals.
The SPEAKER pro tempore. The gen- At the start, we do not envision routine re-
achieve the necessary balance between
tleman from Massachusetts will state corded votes occurring in the House every
health and institutional concerns—and hope-
day or perhaps even every session week. In-
his parliamentary inquiry. fully build a more resilient and productive
stead, our voting schedule should be reimag-
Mr. MCGOVERN. Mr. Speaker, the legislative branch in the process.
ined in the near-term, with postponement
gentleman just said that we had an of- STRATEGY 1: MODIFY EXISTING PRACTICES AND authority providing a structure to queue up
ficial virtual hearing in this House. STRUCTURES bills at the end of a week or work period.
I want to know whether or not, under The Rules Committee majority staff report Lastly, regular morning hour time should
the rules that currently exist, is it al- on voting options during the pandemic be restored so all members have the oppor-
lowed for there to be official hearings states: ‘‘By far the best option is to use the tunity give one- and five-minute speeches
virtually or remotely? existing House rules and current practices’’ ( from the House Floor, an essential forum
emphasis original). that has not been available now for over a
The SPEAKER pro tempore. The month.
Already, Congress has demonstrated its
Chair doesn’t advise on committee pro- ability to adapt and to do so responsibly. STRATEGY 3: DEPLOY TECHNOLOGY IN A
ceedings. Earlier this month, the Rules Committee ‘‘CRAWL, WALK, RUN’’ PROGRESSION
Mr. MCGOVERN. Mr. Speaker, I will successfully convened an in-person business The rules change proposal introduced by
take it as there was not a hearing. meeting in accordance with health guide- Chairman McGovern would enable sweeping
Mr. WALBERG. Mr. Speaker, may I lines developed by the Attending Physician use of technology for every element of com-
respond. Education and Labor Com- and Sergeant at Arms. Likewise, over 50 mittee business.
mittee last week. members participated in a hearing on This is concerning for a variety of rea-
Mr. MCGOVERN. Not a hearing. COVID–19 response efforts hosted by the sons—many of which are catalogued in the
Committee on Small Business. And this Rules Committee majority staff report—in-
Mr. WALBERG. Witnesses.
week, the Labor-HHS Appropriations Sub- cluding untested assumptions that members
Mr. MCGOVERN. Mr. Speaker, I re- committee will hold an in-person hearing on have ‘‘reliable, connected technology, knowl-
serve the balance of my time. the coronavirus pandemic. edge of how to use that technology, access to
Mr. COLE. Mr. Speaker, we have Beyond committee business, nearly 400 round-the-clock technical support, . . . [and]
heard a lot today that the Republican members came to the House Floor on April secure connectivity with the capacity to
plan was simply to prioritize testing 23 in an orderly and physically distant fash- transmit potentially large amounts of data,’’
for Members of Congress. Actually, it ion to record their votes on two consecutive just to name a few.
is a great deal more than that, as my measures, a process that Speaker Pelosi From a security standpoint, the House
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friends know. It is much more expan- characterized as having been executed ‘‘fabu- averages 1.6 billion unauthorized scans,
lously.’’ probes, and malicious attempted network
sive and much more complete. Moving forward, we should expand these cyber-connections per month. Earlier this
Mr. Speaker, I include in the RECORD protocols to reduce density and congestion month, our colleagues experienced this kind
the Republican plan authored by the in every facet of our work. of incident firsthand with hackers inter-
distinguished Republican leader, Mr. House office buildings and individual office rupting a House Oversight Committee video
DAVIS of Illinois, and myself. floor plans should be assessed to provide new event multiple times.
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H2040 CONGRESSIONAL RECORD — HOUSE May 15, 2020
In our view, technology should only be de- As Chairman McGovern recently wrote, power and do their job for them when
ployed in a ‘‘crawl, walk, run’’ progression. ‘‘decisions we make today will influence the they could do it for themselves. It
Before we rush to discard over 200 years of choices made in this chamber 100 years from means that they will participate only
precedent, we should require that rigorous now.’’
testing standards be met, ample feedback be We agree—and firmly believe it is our job in legislative theater while shutting
provided, and bipartisan rules of the road be as leaders of our respective parties to ensure your voice out for the real lawmaking
agreed upon and made public to truly safe- the most reasoned voices prevail on this crit- process.
guard minority rights. ical matter, not simply the loudest ones. A virtual Congress would be a Con-
We believe ‘‘hybrid’’ hearings—an idea ini- This pandemic has claimed too many lives gress that is connected to the internet
tially proposed by Democrats on the and livelihoods already. We must not allow but disconnected from the American
taskforce—could serve as a useful proof-of- the institution we are tasked with safe-
people. That isn’t fair to our constitu-
concept to consider, similar to the model guarding to be the next.
currently being used in the United Kingdom Mr. COLE. Mr. Speaker, I yield 1 ents, our colleagues, or our country. It
to facilitate virtual question time in the minute to the distinguished gentleman undermines the very purpose of rep-
House of Commons. from California (Mr. MCCARTHY), who resentative democracy as our Founders
For the purposes of these hybrid hearings,
is the Republican leader of the House designed it.
in-person quorum requirements should re- Roger Sherman, the only Founder to
main in place (most committee rules require of Representatives.
Mr. MCCARTHY. Mr. Speaker, I sign all four great state documents,
only two members be present to hear testi- said, in 1789: ‘‘When the people have
mony), with allowances for committee and thank the gentleman for yielding, and
non-partisan support staff to guide the pro- I thank him for his work, and RODNEY chosen a representative, it is his duty
ceedings and troubleshoot any technical DAVIS’ as well. Unfortunately, it did to meet others from the different parts
problems. For the reasons outlined above, not come to the place where we could of the Union and consult and agree
virtual participation should not become the have a bipartisan agreement. with them to such acts as are for the
default—but should instead be reserved for Now, Mr. Speaker, today isn’t just a general benefit of the whole commu-
members in at-risk categories or who are nity.’’
otherwise unable to travel to D.C.
day for debate. It is also a day for re-
membrance. It is Peace Officers Memo- Sherman was right. Especially in a
Under this proposal, committees that regu-
larly handle sensitive and classified mate- rial Day and the second-to-last day of pandemic, our presence here, our Con-
rials, including Intelligence and Ethics, Police Week. So, before I begin, I want gress together, matters. It matters to
would still be required to meet in-person. to say thank you to everyone who our constituents; it matters to our in-
We cannot recommend using virtual plat- serves as a police officer or is a family stitution; and it matters to all those
forms for committee markups, given the who will come after us.
member of a police officer, including
mountain of unanswered questions regarding This pandemic has claimed too many
how more complex and involved procedural our wonderful Capitol Police and their
families who do an incredible job pro- lives and livelihoods already. We must
maneuvers would work in a remote setting.
tecting this campus, its employees, and not allow this great body that we are
STRATEGY 4: ACCELERATE ACTIVE RISK
its visitors. As the guardians of peace, charged with safeguarding to be the
MITIGATION PRACTICES
they are on the front lines every day. next casualty if you pass this bill.
Thanks to the efforts of the Attending
Despite the danger, they are In fact, aren’t we proving today that
Physician, in coordination with the House
Administration Committee, the fourth strat- undeterred from performing their duty. we don’t need a virtual Congress?
egy has already been set in motion. As the son of a firefighter, I know In the middle of this virus, the House
Personal Protective Equipment (PPE) that they do not do their job for rec- is conducting its business while fol-
kits—including gloves, facemasks, and alco- ognition or praise, but they truly de- lowing the health guidelines. We can do
hol-based hand sanitizers—have been pro- that at a committee level, too.
vided to each member office and committee,
serve our gratitude, especially now. So,
I thank them for everything they do, Our Republican colleagues, Mr. COLE
with additional supplies available on-de- and Mr. DAVIS, had submitted that
mand. from a very grateful Congress.
Hand sanitizing stations are now ubiq- Now, Mr. Speaker, the work of our ‘‘Plan for the People’s House’’ for the
uitous around the Capitol campus—including frontline heroes is the definition of committees to work in a safe manner.
on the House Floor—while enhanced cleaning ‘‘essential.’’ It cannot be done re- It is the only side that has produced a
procedures have become the new standard, motely or by proxy. plan, and it was a bipartisan plan to
with areas ripe for surface contamination Why should Congress be any dif- move forward. It is about more than re-
having been limited or removed. opening a campus. It is about restoring
Staffing has been kept to a minimum
ferent? We are supposed to represent
the people. We should strive to show a America’s voice.
through continued use of teleworking proce-
dures, while the Capitol remains open to level of determination in our impor- We don’t have to choose between the
only members, required staff, and tant work that is worthy of the police health of our Capitol community and
credentialed press. officers we honor today. The American the health of this institution. We can
Even so, these mitigation practices can be people expect us to do our part to de- continue to work in a safe and effective
accelerated in several key ways. feat this virus just like they are doing manner without overturning 230 years
Measured screening procedures should be of constitutional and legislative tradi-
considered, consisting of either selfreported on a daily basis.
Mr. Speaker, Speaker PELOSI said in tion. Remote voting should be the final
medical diagnostic assessments, at-home
temperature monitoring, touchless thermal this exact Chamber just a few weeks and last option, not the first and only.
temperature checks at office entry points, or ago: ‘‘We are captains of the ship. We Unfortunately, rather than allowing
any combination thereof. are the last to leave.’’ the most reasoned voices to prevail on
A uniform ‘‘return-to-work’’ policy—in ac- But proxy voting calls on Congress to this crucial matter, my friends across
cordance with existing CDC guidelines— abandon the ship and be the first to the aisle have surrendered to the loud-
should be adopted for any staffer experi- leave for months or possibly for the est voice.
encing signs of illness. Mr. Speaker, as I look at this reck-
Finally, our ongoing and iterative testing rest of the session. The Speaker is on
regime should be scaled as test availability the brink of launching the most signifi- less proposal, I am reminded of what
increases nationwide. This plan should cant power grab in the history of Con- the great American author James
progress to incorporate asymptomatic ran- gress. It runs counter to 230 years of Fenimore Cooper said in 1838. He said
domized testing, and eventually, FDA au- House rules and even the Constitution. that the most dangerous attacks on
thorized rapid antigen tests. Mr. Speaker, our Founders would be freedom are made by ‘‘the largest
CONCLUSION ashamed that we aren’t assembling. I trustees of authority, in their efforts
We fully appreciate the extraordinary na- want every American to understand to increase their power.’’
ture of the challenge before us. However, what it means for their Member of Con- Mr. Speaker, I believe that is worth
when it comes to fundamentally altering gress to whom they lend their voice in hearing again. It was said in 1838 that
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how the House operates—in this case, poten- the most dangerous attacks on freedom
Washington. It means that you can
tially abandoning the Capitol for the re-
mainder of the 116th Congress under the in- stay home for the rest of the year but are made by ‘‘the largest trustees of
troduced Democratic proposal—every avenue still get paid for the rest of the year. authority, in their efforts to increase
should first be explored that preserves endur- Many Americans will not be paid. their power.’’
ing institutional rules while prioritizing It means that they can let someone Cooper was correct, and that should
member health. else—Speaker PELOSI—consolidate concern each and every one of us
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2041
today. By changing the rules to in- Mr. MCGOVERN. Mr. Speaker, I yield about 1.4 million Americans have already con-
crease the power of a select few, Demo- myself the balance of my time. tracted this deadly virus. To put this in per-
crats will forever alter our institution The distinguished minority leader spective, that’s more than the entire popu-
for the worse. asked the question: Why should we be lation of my hometown, San Jose, California,
That will be the legacy that is left treated differently from anyone else in which is the tenth largest city in the country.
this Congress, a Congress that is a this country? That is actually a very In just three months, more Americans have
voice of people who have lent their good question, and that is why we re- died from the coronavirus than were killed in
voice throughout this Nation to 435 jected his proposal and his idea that all the wars we have fought in more than a
Members that will now shrink to 20. We Members of Congress get preferential half century combined—including in Vietnam,
were warned that the dangers of free- treatment, that we move to the front Iraq, and Afghanistan.
dom will come from those who are the of the line with regard to tests at a According to one model, which the White
trustees of authority. We were warned time when our doctors and our nurses House has relied on, by August of this year
so maybe today would never happen, and our teachers and volunteers in the toll could be as high as 147,000 deaths.
but now we are witnesses of it. In a few homeless shelters and in food banks That’s nearly twice as many as the same
minutes, we will be given the oppor- can’t get a test, but somehow we are so model forecast only two weeks ago.
tunity to make that choice. special that we should move to the At the same time, we face dire economic
Mr. Speaker, will your legacy be front of the line. conditions. In the past eight weeks, more than
what Cooper had warned the Nation We rejected that. And quite frankly, 36.5 million unemployment claims have been
about? I hope it will not. it is one of the reasons why people have filed, and the unemployment rate has quad-
Mr. Speaker, if you are okay with a bad feeling sometimes about Con- rupled, soaring to 14.7 percent. It has pre-
overturning 230 years of tradition and gress because of when they hear those viously been estimated that the nation’s high-
allowing 20 Members to control Con- kinds of suggestions. est ever unemployment rate was 24.9 percent,
gress, then vote for this resolution. Quite frankly, I am ashamed that during the Great Depression in 1933. Yester-
Mr. Speaker, if you enjoy being cut even that idea was brought forward in day, California’s Employment Development
out of the lawmaking process, then a serious way. I know they do this at Department released new data which show
vote for this resolution. the White House, but the idea that we that the unemployment rate in my state may
Mr. Speaker, if you ran to get a title would step ahead of everybody else already be 24.4 percent.
The coronavirus pandemic has affected
but are willing to give your vote in re- doesn’t make any sense.
Mr. Speaker, to hear some of my Re- nearly every aspect of our daily lives, upend-
turn, then vote for this resolution. But
ing businesses and grinding our economy to a
if you think our Congress still matters, publican friends, you would think this
halt. This crisis demands legislative action and
and if you think the people’s voice still House conducts its business today, in
oversight.
matters, then I urge all of my col- 2020, just as it did in 1798. But that is However, the health guidelines issued by
leagues to vote ‘‘no.’’ just not true. A lot has changed these the Centers for Disease Control and Preven-
Mr. Speaker, I know each and every last 230 years, from the way we vote to tion and the advice of the Attending Physician
one of you will honor the police for the way we count a quorum. Americans show that there are significant challenges to
doing their job. Each and every one of are watching and they are listening to the House operating as if nothing has
you will honor all those in the medical this debate live right now because of changed, including the need for social
community for doing their job. I know actions Congress took decades ago to distancing, use of masks or facial coverings,
Members will honor the delivery driv- adapt to new technology. cancelling any gatherings of more than 250 in-
er, will honor the cashier, and will The changes that we are talking dividuals or more than 10 individuals in a high-
honor those who are behind the check about here aren’t permanent ones like risk category, and others.
stands at Home Depot or in the grocery that. These are temporary, to be used Moreover, we are still learning about how
store because Members think what only during this pandemic. Once it is this highly contagious deadly virus is spread
they are doing is essential. over, we go back to working side by and what steps can be taken to mitigate its
I hope that Members look deep in side and in person. further spread. I represent Santa Clara Coun-
their hearts because when they asked State legislatures and governments ty, which experts now believe suffered the first
their constituents to vote for them be- around the world have already acted to death from the coronavirus in the United
cause they believed the job they were make remote voting possible. I really States. But experts did not know until mid-
running for was essential for the Na- don’t know why some people here be- April that a death which occurred on February
tion—because I think it is—I want lieve that this House is somehow dif- 6 was actually a result of the coronavirus.
them to look at their vote. ferent. We can’t afford to let this pan- I am mindful that many people are putting
Because, Mr. Speaker, if you believe demic stop our legislative work in its themselves at risk by working on the frontlines
20 should have the power, if you believe tracks. every day: from doctors and nurses, to police
you should have the title and not do And I would say to the minority lead- officers, firefighters, and paramedics, to transit
the job, and if you believe you should er: We want to do our work, and we workers and truck drivers, among others. As
be paid while you stay home, I think want to do the oversight to make sure the daughter of a truck driver and a cafeteria
we have a difference of opinion. that the administration appropriates cook, I deeply appreciate everything all of
I believe our work is essential, and I the money that we fought to get to the these people are doing to support their com-
believe we are proving we can do it. I American people the right way. munities and the country, even at risk to their
believed the Speaker when she said just Mr. Speaker, I urge my colleagues to own health.
a few weeks ago that we are captains of vote for this bill, and I yield back the However, we in Congress have an option
the ship and that we will be the last to balance of my time. that most of these vital frontline workers do
leave, not the first to abandon it like Ms. LOFGREN. Mr. Speaker, I rise today in not: we can do our work remotely in a safe,
you will today. support of H. Res. 965, a measure to ensure secure, online format. It is clear that we need
A vote for this resolution is a vote to that the House can continue to govern during rules that allow the House to conduct over-
abandon this House, to abandon the the coronavirus pandemic. The proposals be- sight of the coronavirus response, mark up
Constitution, to abandon 230 years of fore us offer new ways to conduct our legisla- legislation, and take votes on the House Floor
tradition. You will still have your tive business. In some respects, they present without needlessly putting Members, Capitol
title. You will have no power. And new tools for governing—but they are within Police, staff, press, and non-partisan institu-
worst of all, your constituents will our authority to implement and they are not in- tional staff at risk.
have no voice. tended to replace our regular order. To the The resolution before us would provide
contrary, they present a fallback option to en- mechanisms to do just that, both at the com-
b 1430
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sure that the House can continue to lead dur- mittee level and on the House floor.
The SPEAKER pro tempore. Mem- ing this crisis, and as the resolution makes A series of events this week prove that the
bers are reminded to address their re- clear, they are intended to be used only during highest levels of our government recognize
marks to the Chair. extraordinary circumstances. the need to adapt our work to the 21st cen-
Mr. COLE. Mr. Speaker, I yield back And there can be no doubt that these are tury—and that we can do so in a safe, secure,
the balance of my time. extraordinary times. We know that to date, and transparent way.
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H2042 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
The Supreme Court—which has long re- tem would use secure email for proxy votes: H. Res. 965 gives us the ability to do that
sisted modest attempts to increase trans- a solid, well known, resilient technology with as we fervently do what is necessary to en-
parency and public access to its pro- very low bandwidth requirements that we un- sure this health emergency passes.
ceedings—heard oral arguments by con- derstand very well from a cybersecurity stand- Mr. PALMER. Mr. Speaker, I rise in opposi-
ference call, as it has done during the pan- point. tion to this usurpation of the rights and re-
demic. Those important cases involve critical These new provisions build on steps we sponsibilities of the members of Congress.
congressional oversight prerogatives. have already taken to expand the use of tech- And I emphasize the responsibilities of every
The Senate held a hearing that included re- nology during the pandemic to promote social member of Congress to do the job they were
mote participation, as it has done during the distancing and other safeguards consistent elected to do. I agree with my colleague from
pandemic. This time, it included an entire with the advice of the Attending Physician and Arkansas Mr. Westerman. If you are not able
panel of witnesses testifying remotely, as well the CDC. to do the job you should consider stepping
as a Chairman and Ranking Member who led For example, last month the Speaker di- aside and letting someone else do the job. No
the hearing remotely, in addition to other Sen- rected the creation of an electronic hopper to one in this House is indispensable . . . no
ators. permit the virtual submission of all Floor docu- one.
For its part, the executive branch recog- ments—including bills, resolutions, co-spon- One of my Democrat colleagues referred to
nized the legitimacy and need for these virtual sors and extensions of remarks—via a dedi- this resolution as our rule, there is not one Re-
proceedings by participating in the pro- cated and secure email system. Since the pol- publican in support of this resolution . . . it is
ceedings of both the legislative and judicial icy took effect, 489 measures have been filed, your rule, not our rule.
branches—including by having high ranking and of those, 482 measures were filed elec- I have heard multiple citations of history.
members of the White House Task Force tes- tronically and just 7 were filed using the old Here is one I would like to cite. Caesar Rod-
tify remotely in a Senate hearing about the process. ney was one of the three delegates from Dela-
Administration’s response. And in my capacity as Chairperson of the ware to the Continental Congress. Despite
Expanding congressional activity online en- Joint Committee on Printing, I directed the suffering from facial cancer and asthma, Rod-
sures that we can continue to act, while re- GPO to accept for publication in the Congres- ney rode 80 miles through a severe storm to
serving precious testing equipment and sup- sional Record extensions of remarks sub- cast his vote for Independence. He did not ask
plies for frontline workers who don’t have jobs mitted with a Member’s electronic signature. one of his Delaware colleagues to be his
that can be performed remotely. Under this new, more convenient system proxy. Despite his condition, he rode all night
The House has not always been quick to Members have filed 356 extensions of re- to cast his vote.
adopt technology to its legislative procedures. I stand in the spirit of Rodney Caesar and
marks by email.
It is not unusual for any institution steeped in all others before us who valued upholding
I represent Silicon Valley, which has be-
history and precedent to resist technological their responsibilities above their own self-inter-
come synonymous around the world for tech-
change. That was the case for the House est and well-being, to call on all members of
nology and the spirit of innovation. We in Con-
when it came to advances like electronic vot- good faith who value this institution to vote
gress must adopt the entrepreneurial spirit and
‘No’ on this resolution.
ing and televising our proceedings—both of openness to new technology that made that The SPEAKER pro tempore. All time
which we take for granted today. The first bill community a global leader and apply it to the for debate has expired.
to permit a form of electrical and mechanical procedural and logistical challenges we face in Pursuant to House Resolution 967,
voting was introduced in 1886, but the House our legislative operations—as well as to a the previous question is ordered on the
did not take its first electronic vote until 1973, strategy to respond to and overcome the resolution.
nearly 90 years later. Similarly, it took more coronavirus. The question is on the adoption of
than 40 years from the time Members of the Ms. ADAMS. Mr. Speaker, the American the resolution.
House first appeared on live television to the people, our constituents, are keeping this The question was taken; and the
time that cameras were allowed to broadcast country afloat during this emergency. Speaker pro tempore announced that
live proceedings on the House floor. They are looking at the representatives to the ayes appeared to have it.
Resistance to technological change for gov- lead—not only through the legislation we de- Mr. COLE. Mr. Speaker, on that I de-
erning has not been unique to the House. The bate and pass, but through the example we mand the yeas and nays.
Senate took another seven years after the set. The yeas and nays were ordered.
House to permit television coverage of its pro- I support H. Res. 965 because it will allow The SPEAKER pro tempore. Pursu-
ceedings, and it still does not permit electronic the House to do the People’s business in a ant to clause 8 of rule XX, further pro-
voting. Even today, the Supreme Court does thoughtful and safe way. ceedings on this question will be post-
not televise its proceedings. We are in the midst of the unprecedented poned.
Yet, as we have seen this week, both of crisis—we cannot operate as if things are f
those institutions have recognized that we are business as usual when all the science tells HEALTH AND ECONOMIC RECOV-
living in extraordinary times, and that it is es- us that ‘‘business as usual’’ could mean hun- ERY OMNIBUS EMERGENCY SO-
sential to change the way they operate. dreds of Members, staff, and employees of the LUTIONS ACT
We can—and we must—act swiftly to en- Capitol get sick.
sure that Congress can continue its legislative We need to change how the People’s Mrs. LOWEY. Mr. Speaker, pursuant
and oversight work online during these unique House operates until we ensure that America’s to House Resolution 967, I call up the
and extraordinary times. Working with Leader frontline workers have access to adequate bill (H.R. 6800) making emergency sup-
Hoyer, Chairman McGovern, and the staffs of testing and PPE—and then can provide that plemental appropriations for the fiscal
the Rules and House Administration commit- same access to Members, staff, and Capitol year ending September 30, 2020, and for
tees, together we have prepared a proposal employees. other purposes, and ask for its imme-
that encompasses two distinct components: Because as we all know—that is the only diate consideration.
remote, directed voting on the House floor, way to dig our way out of this health crisis. The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr.
and remote committee hearings and markups H. Res. 965 would allow Members to des-
BROWN of Maryland). Pursuant to
to ensure that we can continue to develop ad- ignate a proxy to cast floor votes if it’s consid-
House Resolution 967, the amendment
ditional legislative solutions and carry out ered too dangerous to travel to Washington
printed in House Report 116–421 is
oversight of the Administration’s response. and would allow for our Committees to con-
For committee operations, the resolution adopted, and the bill, as amended, is
tinue their work in holding hearings and mark-
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provides for the use of suitable, secure online considered read.
ing up legislation.
The text of the bill, as amended, is as
platforms for committee proceedings. The in- Over the past two months, Congress has
follows:
tent of the resolution is not to provide an ad- passed 4 bills to provide much-needed relief
H.R. 6800
vantage to either the majority or the minority, to the close to 40 million of newly unemployed
Be it enacted by the Senate and House of Rep-
but to permit committees’ proceedings to have Americans, and the 1.45 million Americans resentatives of the United States of America in
the same status and significance as if they that have tested positive for COVID–19. Congress assembled,
were held entirely in-person. Despite what my friends on the other side of SECTION 1. SHORT TITLE.
For voting on the floor, we will rely on a se- the aisle say, Congress is working and will This Act may be cited as ‘‘The Heroes Act’’.
cure email system, coupled with Member-driv- continue to work to meet the health and eco- SEC. 2. TABLE OF CONTENTS.
en, remotely-directed authorizations. This sys- nomic challenge in front of us. The table of contents for this Act is as follows:
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