House Record, May 27, 2020 — Congressional Record
Summary
Page H2300 of the House section of the Congressional Record for May 27, 2020. Remarks urge enactment of the Uyghur Human Rights Policy Act, and the Speaker pro tempore puts the question on suspending the rules and passing S. 3744, which the Chair says the ayes have, two-thirds being in the affirmative. A rule provides for concurring in the Senate amendments to H.R. 6172, amending the Foreign Intelligence Surveillance Act of 1978, with debate divided between the Committee on the Judiciary and the Permanent Select Committee on Intelligence. Roll No. 110 prints YEAS 413.
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“House Record, May 27, 2020 — Congressional Record.”
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CORRECTION
H2300 CONGRESSIONAL RECORD — HOUSE May 27, 2020
No one deserves to live with this kind of Speaker’s table the bill (H.R. 6172) to amend uniquely American value. I opposed the
persecution which is why this malicious treat- the Foreign Intelligence Surveillance Act of original PATRIOT Act and subsequent
ment of the Uyghurs by the CCP must brought 1978 to prohibit the production of certain reauthorizations because I believe they
business records, and for other purposes,
to an end. We all wish to see the day when with the Senate amendments thereto, and to
crossed the line and compromised
China behaves like, and can be treated as, a consider in the House, without intervention Americans’ fundamental right to pri-
normal country. Until that time, we delude our- of any point of order, a single motion offered vacy.
selves if we treat it like one. That is why we by the chair of the Committee on the Judici- We can prevent crime and terrorism
must enact the Uyghur Human Rights Policy ary or his designee that the House concur in without our government collecting
Act today. the Senate amendments. The Senate amend- data on law-abiding citizens. I have
The SPEAKER pro tempore. The ments and the motion shall be considered as said that whether there has been a Re-
read. The motion shall be debatable for one publican President or a Democratic
question is on the motion offered by
hour equally divided among and controlled President in the White House.
the gentleman from California (Mr. by the chair and ranking minority member
SHERMAN) that the House suspend the This has not been a partisan notion,
of the Committee on the Judiciary and the
rules and pass the bill, S. 3744. chair and ranking minority member of the either. There are Members on both
The question was taken. Permanent Select Committee on Intel- sides of the aisle who have consistently
The SPEAKER pro tempore. In the ligence. The previous question shall be con- said the same. When I worked with my
opinion of the Chair, two-thirds being sidered as ordered on the motion to its adop- colleagues MARK POCAN and TOM
in the affirmative, the ayes have it. tion without intervening motion or demand MASSIE to introduce what was called
Mr. SHERMAN. Madam Speaker, on for division of the question. the strongest antisurveillance bill to
SEC. 2. Any motion pursuant to clause 4 of date, it was done with bipartisan sup-
that I demand the yeas and nays. rule XXII relating to H.R. 6172 may be of-
The SPEAKER pro tempore. Pursu- fered only by the Majority Leader or his des- port.
ant to section 3 of House Resolution ignee. It is no surprise, then, that I don’t
965, the yeas and nays are ordered. SEC. 3. Notwithstanding the order of the support the underlying bill either.
Pursuant to clause 8 of rule XX, fur- House of May 22, 2020, if a veto message is Every day, we ask Americans to choose
ther proceedings on this question are laid before the House on House Joint Resolu- between their right to privacy and a
postponed. tion 76, then after the message is read and false sense of security. That is not a
the objections of the President are spread at choice we should have to make.
f large upon the Journal, further consider- Having said that, other Members in
RECESS ation of the veto message and the joint reso-
this Chamber—Democrats and Repub-
lution shall be postponed until the legisla-
The SPEAKER pro tempore. Pursu- tive day of Wednesday, July 1, 2020; and on licans—feel differently, and it is the
ant to clause 12(a) of rule I, the Chair that legislative day, the House shall proceed Rules Committee’s job to advance leg-
declares the House in recess subject to to the constitutional question of reconsider- islation to the floor.
the call of the Chair. ation and dispose of such question without A FISA reauthorization recently
Accordingly (at 1 p.m.), the House intervening motion. passed this Chamber with the support
stood in recess. The SPEAKER pro tempore. The gen- of over two-thirds of our Members. I
f tleman from Massachusetts is recog- did not support it. The Senate
nized for 1 hour. strengthened the bill, but quite frank-
b 1456 Mr. MCGOVERN. Madam Speaker, for ly, it is not strong enough for me,
AFTER RECESS the purpose of debate only, I yield the though I do appreciate some of its re-
The recess having expired, the House customary 30 minutes to the gen- forms.
tleman from Georgia (Mr. WOODALL), Now, each Member will have to de-
was called to order by the Speaker pro
pending which I yield myself such time cide where they stand. I know the
tempore (Ms. DEGETTE) at 2 o’clock
as I may consume. During consider- President hasn’t made this process
and 56 minutes p.m.
ation of this resolution, all time yield- easy. He has thrown a last-minute
f ed is for the purpose of debate only. wrench into the process with his
REPORT ON RESOLUTION PRO- GENERAL LEAVE tweeting. If this bill passes, it will go
VIDING FOR CONSIDERATION OF Mr. MCGOVERN. Madam Speaker, I directly to his desk. I am not sure if he
THE SENATE AMENDMENTS TO ask unanimous consent that all Mem- will sign it or not. I am not sure he
H.R. 6172, USA FREEDOM REAU- bers be given 5 legislative days to re- knows, quite frankly.
THORIZATION ACT OF 2020 vise and extend their remarks. But we are giving every Member the
Mr. MCGOVERN, from the Com- The SPEAKER pro tempore. Is there chance to cast a straight up-or-down
mittee on Rules, submitted a privi- objection to the request of the gen- vote. Ultimately, the House will have
leged report (Rept. No. 116–426) on the tleman from Massachusetts? worked its will.
There was no objection. I have said many times that I oppose
resolution (H. Res. 981) providing for
Mr. MCGOVERN. Madam Speaker, this bill. The Government of the
consideration of the Senate amend- the Rules Committee met and reported United States should not be able to go
ments to the bill (H.R. 6172) to amend a rule, House Resolution 981, providing on fishing expeditions against citizens
the Foreign Intelligence Surveillance for consideration of Senate amend- who haven’t even broken the law. That
Act of 1978 to prohibit the production ments to H.R. 6172. The rule makes in is not a radical idea. To me, that is a
of certain business records, and for order a motion offered by the chair of fundamentally American idea. I don’t
other purposes, which was referred to the Committee on the Judiciary or his want seemingly unlimited and, in my
the House Calendar and ordered to be designee that the House concur in the view, unconstitutional powers in the
printed. Senate amendments. hands of President Trump and Attor-
f The rule provides 1 hour of debate on ney General Barr or any administra-
b 1500 the motion, equally divided and con- tion.
trolled by the chair and ranking minor- This Attorney General, quite frank-
PROVIDING FOR CONSIDERATION ity member of the Committee on the ly, has no respect for the rule of law.
OF THE SENATE AMENDMENTS Judiciary and the chair and the rank- That is my view. I don’t trust him.
TO H.R. 6172, USA FREEDOM RE- ing member of the Permanent Select
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I don’t care whether it is a Repub-
AUTHORIZATION ACT OF 2020 Committee on Intelligence. The rule lican or a Democrat in the White
Mr. MCGOVERN. Madam Speaker, by provides that any motion pursuant to House. We can, and we must, fight ter-
direction of the Committee on Rules, I clause 4 of rule XXII relating H.R. 6172 rorism and deter wrongdoing in a way
call up House Resolution 981 and ask may be offered only by the majority that better respects Americans’ civil
for its immediate consideration. leader or his designee. Finally, the rule liberties.
The Clerk read the resolution, as fol- allows for consideration of a possible Madam Speaker, this is a serious
lows: veto message on H.J. Res. 76 on July 1, matter. It deserves to be handled more
H. RES. 981 2020. responsibly than by a late-night tweet.
Resolved, That upon adoption of this reso- Madam Speaker, the protection of Madam Speaker, I reserve the bal-
lution it shall be in order to take from the civil liberties has always been a ance of my time.
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May 27, 2020 CONGRESSIONAL RECORD — HOUSE H2301
Mr. WOODALL. Madam Speaker, I Madam Speaker, what is the point of to sit here and listen to somebody try
yield myself such time as I may con- passing a law if the enforcement agen- to rewrite history as to what happened
sume. cy is the one abusing it? This is mal- between the Russians and Trump
Madam Speaker, my chairman is ex- feasance of the highest order, and it operatives. What happened should dis-
actly right. We just came out of the certainly must not go unpunished. turb every American, Democrat or Re-
Rules Committee just about an hour Let’s be clear: We all want to protect publican.
ago, and we did report this rule that the American people. Part of that re- Madam Speaker, I reserve the bal-
does make in order a motion from the sponsibility includes authorizing cer- ance of my time.
chairman of the Committee on the Ju- tain activities by our intelligence Mr. WOODALL. Madam Speaker, I
diciary to concur in the Senate amend- agencies to obtain critical information yield myself such time as I may con-
ments. The Senate amendments do on foreign targets. But, no, Americans’ sume.
take a small step forward in making civil liberties should not be jettisoned Madam Speaker, the gentleman from
the underlying language better than it for that effort. Massachusetts (Mr. MCGOVERN), my
used to be, but we had an opportunity When the House first passed H.R. chairman, knows the great respect that
in the Rules Committee to consider 6172, the reauthorization of the USA I have for him—in fact, the great affec-
other amendments. FREEDOM Act, I supported the bill be- tion that I have for him.
We had an amendment by Mr. GOSAR, cause of the improvements that were Madam Speaker, I can tell him with
for example, that asked for additional made to the FISA process. But since complete sincerity that I have no in-
certifications from the Attorney Gen- then, we have learned details that indi- terest in rewriting history, but I do
eral. We had a bipartisan amendment cate that the abuse was much more have an interest in rewriting the fu-
from Mr. DAVIDSON and Ms. LOFGREN widespread and much more deliberate ture. And as we stand here today, my
that would have gone even further in than initially reported. support for the underlying legislation
protecting civil liberties. I regret the Given that, rather than place some does not wane because of a Presidential
rule we have today makes neither of additional requirements on the exer- tweet; my belief that the legislation
those in order. cise of existing authorities, I think we will be signed into law wanes because
It comes as no surprise to any of us must fully reevaluate the FISA au- of a Presidential tweet.
that we have some very successful thorities to resolve the right balance Madam Speaker, whether you are on
House work product that we could have between protecting our Nation and the the side that says this bill is doing too
added here, and we made the decision rights of the American people. much or whether you are on the side
to accede to the Senate language. In addition, the administration does that says this bill is doing too little, if
As I mentioned, just over an hour you are on the side that says we can do
not support this bill in its current
ago, Dr. BURGESS, who sits on the better together, then going down a
form, which means that this is going to
Rules Committee, and I were there.
be yet another in a long line of activi- path that the President’s team has said
Madam Speaker, with the chairman’s
ties undertaken by the Democratic ma- would result in a veto advantages none
indulgence, I yield such time as he may
consume to the gentleman from Texas jority that is not going to be success- of us.
ful. Madam Speaker, it is painful. This is
(Mr. BURGESS) for any statement he
Mr. MCGOVERN. Madam Speaker, I my last year in this institution, and I
may have.
Mr. BURGESS. Madam Speaker, I yield myself such time as I may con- love this institution not because of the
thank the gentleman for yielding. sume. history that is in these walls, not be-
Madam Speaker, I do want to point Madam Speaker, I oppose the under- cause of the ancient tomes that I see
out that the Foreign Intelligence Sur- lying bill. It has nothing do with the here on Mr. GRIFFITH’s desk, but be-
veillance Act of 1978—note the first Mueller investigation into the collu- cause of the people who sacrifice them-
word is ‘‘Foreign’’—the Foreign Intel- sion between Trump operatives and the selves and their families on behalf of
ligence Surveillance Act of 1978 pro- Russians. something that is bigger than them-
vided authorities for the collection of Quite frankly, I look back at that selves.
foreign intelligence information to pro- episode in our history with great con- This idea that it is the United States
tect the United States from foreign cern. A foreign power intervened in our of America that you and I have the
threats. These authorities were ex- election, and people close to the Presi- privilege of playing a small leadership
panded after 9/11, and their use has ex- dent lied about their interaction with role in, that is universal. To be here on
ceeded the original intent. the Russians, including General Mi- the floor of the House today, again, ac-
The Foreign Intelligence Surveil- chael Flynn, whom my colleague just centuating our divisions on a bill that
lance Court provides authorization via referred to. He lied to the FBI, but he is going nowhere, is worthless to me.
court order. Inspector General Horo- doesn’t need to worry because the Madam Speaker, I love being on the
witz’s recent report revealed inten- President is going to pardon him, or at House floor with my friend, the chair-
tional abuse of the FISA process by least alluded to pardoning him because man, when he is full thunder on behalf
FBI officials investigating the Trump he is his friend. of his ideas and his principles and I
campaign, investigating the Trump It is that kind of lack of respect for have to take the other side. That kind
campaign for alleged collusion with the law that has me concerned about of debate, those kinds of differences of
Russia during the 2016 Presidential giving more power to this administra- opinions among people who respect one
campaign. After extensive study by tion to be able to surveil American another but simply come at things
Special Counsel Robert Mueller, no citizens. from a different perspective, that is ex-
such connection could be found. By the way, the Attorney General is actly what this House was intended to
In addition, agents of the FBI report- recommending a veto on this because produce.
edly used official meetings with then- he thinks it is too restrictive. He wants Madam Speaker, to be here on the
President-elect Trump and incoming more power. This Attorney General floor today, when my friend from Mas-
National Security Advisor Michael wants more power. Give me a break. sachusetts is having to carry a rule for
Flynn for the purposes of gathering in- Madam Speaker, people have dif- a bill that he opposes and wants to de-
formation on them, intelligence infor- ferences of opinion on the underlying feat, I am down here telling you that
mation. These politically driven ac- bill. There are Democrats who strongly we had a great bipartisan solution, but
tions by the FBI were highly irregular; support it, and there are Democrats we are not going to be able to talk
inappropriate; and, in the case of inac- who oppose it. There are Republicans about it on the House floor.
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curate FISA court applications, actu- who strongly support it, at least they So, I have a bill that I support the
ally criminal. did until the President did his tweet underlying vision of but know it is
It is not legal to lie to a FISA court last night, and Republicans who oppose going to go absolutely nowhere, and we
judge. Yet, no one has been held ac- it. So, people can vote however they are just going to back folks into their
countable. No one has stood trial. Cer- want to vote. political corners. That is not what our
tainly, no one has served a sentence to But my opposition to the underlying constituents expect from us, and it is
account for these crimes. bill is longstanding, and I am not going not, I would argue, what we have come
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H2302 CONGRESSIONAL RECORD — HOUSE May 27, 2020
to expect from ourselves. It, sadly, is Under the suit, the court is asked to Also, it is important we think about
what the political theater advocates do many things, including asking for how the newfangled proxy quorum rule
have come to expect from us. an injunction of our Clerk from count- affects our work today. Some may say:
Madam Speaker, if we defeat the pre- ing the proxy votes on any measure ‘‘Let the courts do their thing and we
vious question, I will offer an amend- and on counting proxies for purposes of will sort it out later.’’ Well, that is
ment to a new rule to suspend the determining a quorum. The courts more than just sloppy legislating; it is
proxy voting until the D.C. Federal dis- must weigh in on this controversy be- dangerous.
trict court reviews a lawsuit and deter- fore we take important votes using this MORGAN, you say, how is that?
mines an outcome. new proxy quorum voting scheme. Let me explain. As an example, we
Madam Speaker, thinking about The suit lays out constitutional re- are preparing to vote on the reauthor-
things that are within the walls of this quirements. Many of these arguments ization of the Federal Intelligence Sur-
institution, all the stories these walls were made previously. It goes through veillance Act, FISA. On that, or any
tell, they will never tell a story of a the definitions of words like ‘‘to meet,’’ other vote that does anything of im-
single Member of Congress ever casting ‘‘assemble,’’ et cetera. port, no matter how small—even the
a vote from outside of this room where Madam Speaker, as you know, words naming of a post office, because it
we are standing. Never has it happened. are important and the meanings are spends money—the vote and the action
important, and the filers of this suit of this House, under the proxy quorum
I would argue the Constitution flatly
couldn’t have made me happier. When I rule, is tainted and the authority of
prohibits it. I cannot understand how
was reading it, they used Samuel John-
one can read the Constitution dif- that legislation, accordingly, called
son’s dictionary of 1773. And just to let
ferently. into question.
you know exactly how oddball I can be,
Madam Speaker, I ask unanimous On FISA, if we pass it and the courts
I pulled my copy of Samuel Johnson’s
consent to include in the RECORD the rule that the proxy quorum voting rule
of 1773 off the shelf in my office. I
text of my amendment, along with ex- is unconstitutional, in whole or in
checked to see what they had written
traneous material, immediately prior part, we will have handed either a get-
down, and they got it exactly right.
to the vote on the previous question. The term ‘‘meet’’ meant ‘‘to encounter, out-of-jail-free card to terrorists who
The SPEAKER pro tempore. Is there to be close face-to-face.’’ are enemies of the United States or a
objection to the request of the gen- And in 1851, the Webster’s dictionary hammer they can use against prosecu-
tleman from Georgia? says ‘‘to come together or approach tors trying to pursue justice.
There was no objection. near, or into company with; to assem- Is that really what we want to do? I
know it is not. And we have another
b 1515 ble, to congregate.’’ The example they
used in Webster’s in 1851 was: ‘‘The leg- way. We can put the proxy quorum rule
Mr. WOODALL. Madam Speaker, I on hold, suspend it until the courts can
islature will meet on the first Wednes-
reference the tomes that sit on the make a final ruling on its constitu-
day in March.’’ Clearly, they knew
gentleman from Virginia’s desk. what it meant to come together face- tionality.
At this time, I would like to yield 5 to-face. The SPEAKER pro tempore. The
minutes to my good friend and, actu- Today, on the internet—knowing time of the gentleman has expired.
ally, Madam Speaker, as you know, that some out there would say, ‘‘MOR- Mr. WOODALL. Madam Speaker, I
someone who has worked in a bipar- GAN, get yourself out of the dusty yield an additional 5 minutes to the
tisan way, a surprising bipartisan books’’—it says, meet: to come into the gentleman from Virginia.
way—never fails to surprise Members presence of; to come face-to-face. Mr. GRIFFITH. We can put the proxy
on both sides of the aisle—to protect And ‘‘assemble,’’ similarly, in John- quorum rule on hold. We can suspend it
this institution and all that it means son’s, it means ‘‘to bring together into until the courts can make a final rul-
to the American people. one place’’; Webster’s: ‘‘To collect a ing on its constitutionality. Once we
There are many folks in this institu- number of individuals into one place or have that answer, we can then move
tion, Madam Speaker, I don’t mind dis- body’’; internet, Merriam-Webster’s, forward. But to move forward without
agreeing with; and, in fact, the fact today: ‘‘To bring together, as in a par- knowing where we are going on con-
that we are on other sides humbly ticular place.’’ stitutionality is dangerous, damaging,
leads me to believe I am even more The suit lays out the constitutional and destructive to every act we take in
right than I thought that I was. When requirements. Many of these argu- this body.
I find myself disagreeing with the gen- ments were made, as I said, previously. Madam Speaker, I would implore the
tleman from Virginia, I find myself Now, I know what many of you are Members of this House: Do not vote the
having to go back and reflect on ex- thinking. MORGAN, you have got to get party line. Do not say, ‘‘Oh, it is a pre-
actly why that is we have come down modern. Zoom is a place, as is Webex vious question, it is a throwaway
on different sides. And those individ- and a dozen others. Some say that if vote.’’ Today, the previous question is
uals in this Chamber who provide us they had only known about it during an important vote on whether we move
with that counsel, Madam Speaker, the writing of the Constitution, they forward not knowing the way or wheth-
you know that we hold in such high re- would have permitted it; but, Madam er we move forward knowing whether
gard. Speaker, they had the written word
it is constitutional or unconstitu-
Madam Speaker, I yield 5 minutes to and they had the ability to send let-
tional.
gentleman from Virginia (Mr. GRIF- ters.
I ask you all to vote for our great Re-
They also knew about dangers. They
FITH). public and this august body. Vote ‘‘no’’
knew about wars with other nations,
Mr. GRIFFITH. Madam Speaker, I on the previous question and put the
later, the burning of D.C., the Civil
appreciate the kind words of my good proxy quorum rule on hold until we
War.
friend and colleague, and we will miss Multiple plagues and fears have have a definitive answer.
him when he goes on to do greater gripped the capitals of this country, Mr. MCGOVERN. Madam Speaker, I
things elsewhere. but they never contemplated sending a yield myself such time as I may con-
Madam Speaker, if we do not pass the note or a letter by friend or by post, sume.
motion to proceed to the previous ques- saying—and can you imagine it saying: I want to thank the gentleman for
tion, we can put the proxy quorum vot- ‘‘Hey, give my vote to Harry Lee of reading from Webster’s Dictionary to
ing rule on hold until after the courts Virginia or William Holman of Indiana. all of us, but I want to read from the
have time to rule on its constitu- And not only count my vote as a vote Constitution. And let me quote: ‘‘Each
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tionality. on the bill, but count me present as a House may determine the rules of its
Most on this side of the aisle and a part of the quorum’’? proceedings.’’
handful on the other side of the aisle Never did it, never thought they Madam Speaker, I include in the
strongly believe that this proxy voting should, never thought they could. RECORD a letter from Erwin
rule is unconstitutional. Accordingly, So the lawsuit challenging the con- Chemerinsky, the renowned constitu-
yesterday, a suit was filed to have the stitutionality of this so-called rule is tional expert and dean of Berkeley
rule declared unconstitutional. well-founded. School of Law, discussing the view that
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May 27, 2020 CONGRESSIONAL RECORD — HOUSE H2303
the remote voting process we are con- history. I am sure that the rules will ensure sional action by simply absenting them-
sidering today would, in fact, be con- that the votes cast by proxy are accurate selves indefinitely.
stitutional. and carefully recorded. There can be little question that the Fram-
I hope that this is helpful. Please do not
In the letter, the dean says: ‘‘The hesitate to let me know if I can be of further ers imagined the legislature would do its
Constitution bestows in each House of assistance. work while assembled in some physical loca-
Congress broad discretion to determine Sincerely, tion. In 1787 when the Constitution was
the rules for its own proceedings. . . . ERWIN CHEMERINSKY. drafted, they could scarcely have imagined
This authority is expansive and would Mr. MCGOVERN. I include in the any other functional way of proceeding. Var-
include the ability to adopt a rule to ious other constitutional provisions thus
RECORD a letter from Deborah
permit proxy voting. Nothing in the refer to Congress as ‘‘meeting’’ (Art. I, Sec.
Pearlstein, constitutional law pro- 4) or ‘‘assembling’’ (Art. I, Sec. 3), and one
Constitution specifies otherwise. fessor from Cardozo School of Law.
‘‘Moreover, if this were challenged in even provides a mechanism by which mem-
In her letter, which I strongly rec-
court, it is very likely that the case bers can compel ‘‘the Attendance of absent
ommend all of my colleagues read in Members,’’ (Art. I, Sec. 5) meaning presum-
would be dismissed as a political ques- full, Professor Pearlstein writes: ‘‘ . . .
tion. The Supreme Court has ruled that ably those members not otherwise present
I believe adopting procedures to allow where Congress is meeting. Of course, none
challenges to the internal operation of for remote voting under these extraor- of the clauses in which those terms appear
the Congress are not justiciable in the dinary circumstances is not only law- address how Congress casts or counts its
Federal courts. . . . Indeed, I have ful, but essential to the maintenance of votes. Indeed, neither the document itself
written, the Court often ‘has held that our constitutional democracy.’’ nor any Supreme Court decision defines what
congressional judgments pertaining to ‘‘The Constitution . . . contains no counts as ‘‘attendance’’ or ‘‘assembling,’’
its internal governance should not be specific requirement of physical pres- much less how such ‘‘attendance’’ may be
reviewed by the Federal judiciary.’ ’’ ence for Members to vote. What the taken, or such ‘‘assemblage’’ may be accom-
BERKELEY LAW, Constitution does instead—as the plished. The Constitution equally contains
May 13, 2020. courts have repeatedly recognized—is no specific requirement of physical presence
Chairman MCGOVERN and Ranking Member leave it up to each House of Congress for Members to vote. What the Constitution
COLE, to ‘determine the Rules of its Pro- does instead—as the courts have repeatedly
House Rules Committee, House of Representa- ceedings.’ ’’ recognized—is leave it up to each House of
tives, Washington, DC. ‘‘Indeed, it is just such constitutional Congress to ‘‘determine the Rules of its Pro-
DEAR CHAIRMAN MCGOVERN AND RANKING ceedings.’’ (Art. I, Sec. 5) As the Supreme
MEMBER COLE: I have been asked for my view
flexibility that has enabled Congress to
embrace the various informal solutions Court explained in United States v. Ballin,
as to whether the House of Representatives 144 U.S. 1 (1892), so long as there is a ‘‘reason-
could constitutionally adopt a rule to permit it has adopted over the years to ‘do
able relation between the mode or method of
remote voting by proxy. As explained below, business,’ including relying on Mem-
proceeding established by the rule and the
I believe that this would be constitutional bers to give ‘unanimous consent’ to a result which is sought to be attained,’’ the
and it is very unlikely that any court would vote even if something less than an ac-
invalidate such a rule, especially in light of content of those rules are ‘‘beyond the chal-
tual majority of Members is physically lenge of any other body or tribunal.’’
the current public health emergency. present on the floor.’’
My understanding is that the system of re- Indeed, it is just such constitutional flexi-
mote voting by proxy that is being consid- ‘‘Finally, the temporary remote vot-
bility that has enabled Congress to embrace
ered would have some key features: ing procedures . . . bear an entirely
the various informal solutions it has adopted
Low-tech remote voting process through ‘reasonable relation’ to the goal you over the years to ‘‘do business,’’ including
proxy voting; aim to achieve, namely, ensuring that
Some number of Members would be present relying on members to give ‘‘unanimous con-
Congress preserves the ability to vote sent’’ to a vote even if something less than
on the Floor for debate and in-Chamber vot-
ing;
in a way that maintains the institu- an actual majority of members is physically
Proxy would be used to establish a quorum tion’s representative character, pro- present on the House floor. But while such
and to register the yeas/nays; tects the transparency of its operation, well settled procedures are surely constitu-
The proxy holder would be another Mem- and fairly and accurately reflects the tional, they may not always function to ad-
ber of the House; will of the American people.’’ vance the system of majority rule the Con-
The proxy holder would have NO discretion
CARDOZO LAW, stitution so plainly contemplates. As we re-
on the vote. Instead, the proxy holder would
April 16, 2020. cently saw when Congress enacted a substan-
be required (through the rule and accom-
panying regulations) to cast the vote in ac- DEAR CHAIRMAN MCGOVERN: Thank you for tial stimulus bill just last month, it is pos-
cordance with the specific and exact instruc- your statement today recommending the im- sible for one House member, acting alone, to
tion from the Member. plementation of temporary remote voting single-handedly defeat the manifest pref-
The Constitution bestows on each House of procedures in Congress during this tragic erence of the bipartisan majority by insist-
Congress broad discretion to determine the pandemic. As a professor of constitutional ing upon an actual demonstration that a ma-
rules for its own proceedings. Article I, sec- law, and a scholar who has written exten- jority of members were ‘‘present’’ (a term
tion 5 of the Constitution says: ‘‘Each House sively on separation of powers issues in U.S. contained in House Rules, not in the Con-
may determine the Rules of its proceedings.’’ Government, I believe adopting procedures stitution itself). This forced House leaders to
This authority is expansive and would in- to allow for remote voting under these ex- make a choice the Constitution cannot be
clude the ability to adopt a rule to permit traordinary circumstances is not only law- understood to compel—between surrendering
proxy voting. Nothing in the Constitution ful, but essential to the maintenance of our the will of the majority to the demands of a
specifies otherwise. constitutional democracy. Recognizing that single man, or insisting, as they did, that
Moreover, if this were challenged in court, specific procedures for remote voting may
Members jeopardize their safety (and thus
it is very likely that the case would be dis- still be in development, the analysis offered
their ability to effectively represent their
missed as a political question. The Supreme here focuses foremost on the broad scope of
Court has ruled that challenges to the inter- Congress’ constitutional authority to regu- constituents going forward) by defying law-
nal operation of Congress are not justiciable late its voting procedures. ful public health restrictions to travel and
in the federal courts. See Field v. Clark, 143 As with much else in the Constitution, the meet in Washington, D.C.
U.S. 649 (1892). Indeed, I have written, the description the text provides of how Con- It is precisely in order to avoid such absurd
Court often ‘‘has held that congressional gress is to fulfill its legislative ‘‘duties’’ once results that Congress has embraced a variety
judgments pertaining to its internal govern- members have been elected is relatively of measures throughout its history to adjust
ance should not be reviewed by the federal brief. Article I, Section 5 provides that there to developing technologies and changing de-
judiciary.’’ Erwin Chernerinsky, Constitu- must be ‘‘a Quorum to do business,’’ which mands. Thus, for example, current House
tional Law: Principles and Policies § 2.8.5 the Constitution defines as constituting sim- Rules provide that in the event the existing
(6th ed. 2019). ply ‘‘a Majority’’ of each House. The same
electronic voting system is ‘‘inoperable,’’ the
Especially in the context of the current Section likewise specifies that each House
Speaker may direct the vote to be conducted
public health emergency, it is highly un- must keep a ‘‘Journal of its Proceedings,’’
likely that any court would review and in- which must be published ‘‘from time to through alternative methods, including
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validate the procedures adopted by the time,’’ and which may, if a sufficient number through the use of ‘‘tellers’’ designated by
House of Representatives that would allow it of members desire, reflect how every member the Speaker to ‘‘record the names of the
to conduct its business without endangering voted ‘‘on any question.’’ The Constitution Members voting on each side of the ques-
the health of its members and its staff. adds that neither House can adjourn for tion.’’ The teller system was an innovation
Every branch of government is devising new more than three days, or move the session to put in place before the current electronic
procedures to accomplish this. The Supreme some other place, without the consent of the system was available, one among key re-
Court, for example, will conduct oral argu- other House—a provision designed to prevent forms designed to strengthen Congress’ abil-
ments by telephone for the first time in its a single House from thwarting all congres- ity to maintain a public record of Members’
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H2304 CONGRESSIONAL RECORD — HOUSE May 27, 2020
votes. The particular challenge of ensuring House has made several more sweeping that we are putting forth is temporary
that Congress could continue to operate dur- and permanent changes than this be- and will be tied to the duration of this
ing the outbreak of infectious disease was in- fore. For one, the way we vote today pandemic. Full stop.
deed the subject of one of Congress’s first ef-
forts to provide for alternative rules of oper-
looks nothing like how our prede- Let me just say this, finally. Proxy
ation. Following Congress’ return after the cessors voted in 1789. Now we cast our voting is constitutional. The experts
yellow fever epidemic that devastated the votes in the Chamber by electronic de- have said so. We aren’t going to stop
then-capital of Philadelphia in the summer vice. the work of the people’s House so that
of 1793, Congress adopted a law providing Our predecessors recognized that the another branch of government can
that in circumstances when ‘‘the prevalence House needed to advance with tech- weigh in on our internal proceedings.
of contagious sickness’’ made it ‘‘be haz- nology. For decades, they called on the I get it. My Republican friends have
ardous to the lives or health of the members House to implement a more efficient another agenda. They would prefer
to meet at the seat of Government,’’ the and advanced voting system. They
President could ‘‘convene Congress at such that we do not get work done during
other place as he may judge proper.’’ If Con-
were afraid we would seem archaic this difficult time. It is in, I think,
gress can delegate to the President the compared to foreign and State govern- their political interests, I guess they
power to move congressional operations en- ments. Does that sound familiar? have decided, to slow the work down of
tirely, surely it can reserve for itself the Right now, we are watching as legis- Congress.
lesser power to make whatever far more latures in our States take responsible Well, do you know what? The Amer-
modest amendment to process is required to action to respond to this pandemic by ican people want us to work in times
ensure Congress is able to vote in the same, implementing remote voting proce-
extraordinary circumstances. that are normal and in times like this
dures and as parliaments around the when we are in the middle of a pan-
Finally, the temporary remote voting pro-
cedures as you have sketched them thus far world advance to meet this challenge demic. And so I would urge my col-
appear to bear an entirely ‘‘reasonable rela- head-on. What are we doing? We are leagues to reject the motion of my col-
tion’’ to the goal you aim to achieve, name- struggling to even come up with an leagues on the other side of the aisle
ly, ensuring that Congress preserves the abil- agreement that we need to do some- and instead vote to get our work done.
ity to vote in a way that maintains the insti- thing—something. Anything. Madam Speaker, I reserve the bal-
tution’s representative character, protects But voting electronically is not the
the transparency of its operations, and fairly ance of my time.
only change we have made in response
and accurately reflects the will of the Amer- to technological advancements. Now, b 1530
ican people. By keeping remote voting proce-
our floor proceedings are broadcast on Mr. WOODALL. Madam Speaker, I
dures tied as closely as possible to the exist-
ing system, the proposed approach protects C–SPAN. Members grappled with ques- yield myself such time as I may con-
Members’ ability to participate in votes re- tions of how broadcasting the House sume.
gardless of geographic location, technical would fundamentally change this body, Madam Speaker, I wanted to ask my
knowledge or means; minimizes the risk of but the desire for accountability and chairman, when he was referencing Re-
foreign or other unlawful interference in the transparency won the day. publicans who just want to slow this
vote; and maximizes Congress’s ability to Change is not always bad. And, of place down and don’t want to get any
fairly reflect the will of the majority of the course, there were safeguards attached
people even during the present crisis. The work done, if he would except me and
to this that preserved the integrity of my colleague from Virginia from that
proposed approach contains essential safe-
the House: Proceedings cannot be tam- characterization? Because I certainly
guards to ensure that Members’ preferences
are fully and accurately recorded; as you em- pered with and cannot be used for po- know that it doesn’t apply, and I would
phasized in your recent statement, Members litical reasons and so on. like to know that my chairman knows
designated to submit voting cards on behalf Other changes we made over the
that it doesn’t apply as well.
of other elected Representatives may only years include the provisional quorum
When the chairman just stated that
act pursuant to the direct, express instruc- after 9/11. And that is not the only time
the reason that Republicans are op-
tion of the elected Representative, retaining we made changes to our quorum re-
no discretion in carrying out the ministerial posed to proxy voting has nothing to do
quirements.
function they play in the modified voting Other changes were deciding when a with——
process. As ever, Members remain subject to quorum is required. For decades, Mem- Mr. MCGOVERN. Will the gentleman
all the disciplinary powers the House pos- bers raised points of order that a yield?
sesses to ensure the appropriate exercise of
quorum is not present during debates. Mr. WOODALL. I yield to the gen-
their duties. tleman from Massachusetts.
In short, with limited reforms that maxi- The House has even expanded the
Speaker’s ability to adjust the num- Mr. MCGOVERN. Madam Speaker, let
mize Members’ ability to represent the wish-
es of their constituents, while minimizing bers of the whole House to account for me put it this way: I think there are
disruption and confusion in House oper- those living, incapacitated, or re- certain Members of your conference
ations, Congress can succeed in preserving signed. who are interested in slowing the work
the essential constitutional function of the How we count a quorum today is not of this democratic majority down. And
legislative branch even amidst an unprece- the same as how we counted a quorum I think that the constitutional argu-
dented pandemic. It is a critically important in the first Congress. We have made ments are certainly on our side on this,
initiative in these extraordinary times. and I think that there is another agen-
As ever, I thank you for your efforts, and changes to our quorum rules as recent
for the opportunity to share my views. as 15 years ago. da, quite frankly, that is being pursued
Sincerely, Here is the deal: What we are facing by some. I am not going to attribute
DEBORAH N. PEARLSTEIN, today doesn’t have to prevent us from that to you or anybody else.
Professor of Law. legislating. We should not be afraid to Mr. WOODALL. Madam Speaker, I
Mr. MCGOVERN. Madam Speaker, adapt and respond to these challenges thank the chairman.
about the process, let me just say, I and to do so in a safe manner. If any- Madam Speaker, if the constitutional
hear from my friends. They like to talk thing, we have 230 years of precedent of arguments are so clear, we should be
about the 230 years of tradition as us adapting to the changing world able to get this out of the district
though the House has never made any around us. There is nothing wrong with court in very short order, presump-
changes to the way it operates in these that. tively with the decision that my chair-
last 230 years. That is just simply not But we don’t have decades to make man would like.
true. So many of our most basic func- these changes. We need to make them Madam Speaker, I want to ask my
tions have changed drastically since now, because we are in the midst of a friend from Virginia again—what I
the first Congress, from the way we pandemic. Hopefully, we are seeing the have seen from Mr. GRIFFITH, Madam
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vote to the way we count a quorum. end of it, but according to this admin- Speaker, is someone who has fought on
If a legislative body does not have istration’s own CDC, we may see a behalf of the institution, not on behalf
the ability to respond to the challenges surge in COVID–19 cases in the fall. We of Republicans, not on behalf of Demo-
it faces, then how can it survive and may be in a more difficult situation. crats. Without throwing my friend
how can it be functional? We need to be prepared. under the bus, he has been in the mi-
The challenge we are facing today is So no one is suggesting any perma- nority of my conference as often as he
not permanent. I could argue that the nent rules changes here. Everything has been in the majority, fighting to do
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May 27, 2020 CONGRESSIONAL RECORD — HOUSE H2305
the right thing because he thought we And so we continue to have the pol- Since then, the whole world has
were on the wrong path. And he was icy—because it was the Founding Fa- changed with technology, and all the
saying: You know what? You may thers’ wish, and because it is the right rest, in that period of time. So our in-
think this is politically expedient thing to do—that if you are going to telligence has had to change as well.
today, but you are going to regret this. count as a quorum, you meet in the And one of the ways it has, has neces-
And the decisions we make aren’t Capitol. You may designate a different sitated us having a FISA bill, the USA
about politics, they are about people. place for that Capitol. We might des- FREEDOM Reauthorization Act.
They are about the institution. ignate it in Colorado, if need be. In the House some weeks ago we
Madam Speaker, I yield such time as But wherever the Capitol is des- passed a bill, honchoed by our two dis-
he may consume to the gentleman ignated, this body must come together, tinguished chairs, the chair of the Ju-
from Virginia (Mr. GRIFFITH). representing the people from the var- diciary Committee, Mr. NADLER from
Mr. GRIFFITH. Madam Speaker, I ious States of this Union. And, we, New York; and the chair of the Intel-
would reiterate and thank the gen- each individual, shall cast our vote, ligence Committee, Mr. SCHIFF from
tleman for his kind comments. He is not 10 votes here by one and 8 votes California, two committees of jurisdic-
absolutely right. I come here today not there by another, but one by one, each tion. It had strong bipartisan support.
as a Republican or a Democrat. I come district as determined in the decennial It went over to the Senate. In my view,
here as an American, and I have no census shall cast their vote on each it was vastly improved in the Senate,
agenda today except to defend the Con- and every measure. When we don’t do and it had 80 votes.
stitution. that, we don’t do our job. When we Our bill was bipartisan. Their bill
And while the courts may ultimately don’t do our job, we cast a doubt on was bipartisan, too: 80 votes in the
determine that my friends on the other every action we take. United States Senate for the Senate
side of the aisle are right, I believe Madam Speaker, I reserve the bal- bill, which was amended by the Leahy/
they are sorely wrong, Madam Speak- ance of my time. Lee Amendment—very, very protective
er. Sorely wrong. Because we are not Mr. MCGOVERN. Madam Speaker, I of the balance that we have to have be-
just talking about voting from afar, yield myself such time as I may con- tween security and privacy, security
and while I would have problems with sume. I don’t even know what the heck and civil liberties. This is the balance
that as well, I will tell you it is more the gentleman from Virginia is talking that we have to strike.
critical than that because the Con- about. We debated this. Nobody is In my years on Intelligence, I was fo-
stitution calls on us to meet, to assem- ceding their power to anybody here. We cused a lot on the civil liberties part of
ble, and to have a quorum. had this debate. Read the resolution. it, establishing a board, et cetera, to
The Founding Fathers debated ensure that whatever we did, that bal-
Members who cannot be here are very
whether or not that quorum should be ance with our civil liberties was cen-
much engaged and are directing their
a smaller-than-50-percent amount. And tral and important to it.
wishes very directly, like they would
they determined that was not right be- As Benjamin Franklin said: Security
by casting the vote here. So I don’t
cause then it would tilt power into the and liberties, you can’t have one with-
even know what the heck we are talk-
hands of those that live closer to the out the other. They go together, secu-
ing about here, but I guess it is a good
Capitol, like Mr. BEYER, who appar- rity and liberty.
talking point on their side, but it just And so now today, this Rules Com-
ently is carrying at least nine proxies.
doesn’t reflect reality. mittee is presenting that bill, the USA
It tilts powers into those people’s
Madam Speaker, I yield 1 minute to
hands and away from the States that FREEDOM Reauthorization Act com-
the gentlewoman from California (Ms. ing back from the Senate. Again, our
are further away, like Colorado and
PELOSI), the distinguished Speaker of bill in the House originally was 278 to
California.
Madam Speaker, I would submit to the House. 136. It was strongly bipartisan, with 126
you that there is a reason that in 231 Ms. PELOSI. Madam Speaker, I Republicans voting for it. This bill
years this has never come up, even thank the gentleman for yielding. I coming back from the Senate, as I said,
though they could have written a let- thank him for his leadership of the had 80 votes over there.
ter. As I said before, they could have Rules Committee and for bringing us So with an intelligence bill, with a
easily written a letter. They could together so that we can present this FISA bill, nobody is ever really that
have written a letter, and said: Hey, I FISA bill on the floor today. happy. I never was. And you always
can’t get there right now, give my vote Madam Speaker, when we come to want more or less, as the case may be,
to my friend. They didn’t do it. Congress, we all take an oath of office. but the fact is—and I say this in all hu-
They could have said: Hey, for pur- We raise our right hand to protect and mility, because I don’t pretend to know
poses of a quorum, count me from afar defend the Constitution of the United more than my colleagues—but in all
by letter. They knew how to write. States. Protecting that, we are pro- humility, we have to have a bill. If we
Messages were traded all the time. But, tecting the American people. don’t have a bill, then our liberties, our
instead, they went to wherever the Central to that defense is how we do civil liberties are less protected.
Capitol was at the time, whether it be protect and defend, it is about our val- Some people say: I don’t care, just let
in Philadelphia, whether it be in Wash- ues, which are part of our strength. It them extend this and extend that. No.
ington, D.C., at a hotel, and they did is about the health, education, and There is real value in both the House
the people’s business. They did not well-being of our people, our children, bill that we passed and then exception-
cede that authority to anyone else. our future, which is part of our ally so in what the Senate passed.
They kept it for themselves. And that strength. Our military might is part of There are those that would not like us
is what the Constitution calls for. And our strength. And our intelligence is to have a bill. Some of them in the ju-
you know what, as I said before, they very much a part of our strength in diciary, the Department of Justice,
never did it. They never thought they order to provide force protection for just say: Don’t have a bill, just give us
should. They never thought they could. our men and women in uniform when all the leeway in the world not to have
Madam Speaker, I have to tell you, they go out there to protect and defend to protect any liberties. But we can’t
we go all the way back to the Declara- our country. Force protection. have that.
tion of Independence, and Caesar Rod- When I first started on the Intel- We take an oath to protect and de-
ney got on his horse while deathly ill ligence Committee in the early mid- fend the Constitution of the United
with cancer, suffering from asthma and 90s, a long time ago, I would soon then States and all the liberties contained
the gout, to ride to Philadelphia to rise to be the ranking member, and I therein as we protect the American
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cast the deciding vote for his State of take great pride in that ex officio all people.
Delaware because he needed to be there these years since then. When I started So if anybody thinks, well, no, in
live in order to do it. He needed to be way back when, it was about force pro- order to have a bill, we have to have a
at the Capitol. He needed to be at the tection; intelligence to protect our rule. So I thank you, Mr. Chairman, for
meeting place of this country, even in forces to anticipate any initiation of bringing this rule to the floor, which
its infancy, to cast the vote, no matter hostilities, and also, when engaged, to enables us to pass a bill. This legisla-
what. And he rode through a storm. have the intelligence to protect them. tion increases the power of the Privacy
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H2306 CONGRESSIONAL RECORD — HOUSE May 27, 2020
and Civil Liberties Oversight Board to less electronic surveillance of the public, Con- are dealing with in Massachusetts, at a
pursue its mission to protect Ameri- gress strengthened and updated the Foreign significant clip worse than we are in
cans’ privacy. Intelligence Surveillance Act. Texas, obviously, regionally very dif-
After 9/11 this Congress considered Our action helped end this unacceptable ficult.
the Intelligence Reform and Terrorism practice and ensure that all electronic surveil- But what we are trying to deal with
Prevention Act of 2004, establishing the lance of Americans complies with the law. here right now is trying to protect the
Privacy and Civil Liberties Board. Since then, the law has been further up- Constitution of the United States. And
That was one of my top priorities all dated, including through the FISA Amend- this is not something that is about
those years ago. And the Board has ments Act of 2008 and the USA FREEDOM slowing down the work of this body. I
done critical work in assessing the pri- ACT of 2015. am delighted to work with my col-
vacy and civil liberties impact of the The bill that the House passed in March league, DEAN PHILLIPS from Minnesota.
government’s collection activities, in- took additional steps to strengthen FISA, Right now, together, we are all work-
cluding under various provisions of the which are preserved in the Senate-amended ing on legislation to try to improve the
Foreign Intelligence Surveillance Act. bill: placing new limitations on surveillance au- PPP, and I am delighted to do that as
So, again, this has to be a high pri- thorities while ensuring that our intelligence the cosponsor of that legislation. I am
ority for us. It was a higher priority in and law enforcement have the tools necessary not here to slow down what we need to
the act that was passed that could get to keep Americans safe; ending the NSA’s call be doing to help work for the people of
passed in the Senate. detail records initiative, which the government the United States, I can assure you.
So, again, I am going to submit my has confirmed that it no longer uses; strength- I am here because the Constitution
statement for the RECORD that I talk ening the integrity of the FISA process by in- matters. In the various staff reports
about here. But FISA is a critical pil- creasing transparency and accountability; and that talked about the options for us to
lar of America’s national security, expanding involvement of the court-appointed deal with this, I would remind you that
which Congress has updated and im- amicus curiae in FISA cases—which was ex- our Democratic colleagues acknowl-
proved over the last years to ensure panded in the Senate bill. edge the constitutional questions that
that America’s privacies and civil lib- We are proud that this legislation increases arise from proxy voting.
erties are expected. the power of the Privacy and Civil Liberties
b 1545
Are we ever satisfied? Of course not. Oversight Board (PCLOB) to pursue its mis-
Of course not. But legislation is just sion to protect Americans’ privacy. Let’s be clear to the American people
exactly that. Legislation. Our attempt After 9/11, as Congress considered the In- that we are not talking about remote
to come together to protect and defend telligence Reform and Terrorism Prevention voting. I, too, like the gentleman from
in a way that has already passed the Act of 2004, establishing the Privacy and Civil Virginia, have very serious constitu-
Senate can go directly to the President Liberties Oversight Board was one of my top tional reservations about remote vot-
for his signature, and I hope that that priorities. ing, but let’s have that debate. Let’s
will be the case today. The Board has done critical work in assess- have a thorough debate about that. But
Madam Speaker, I thank the gen- ing the privacy and civil liberties impact of the we are talking about proxy voting.
tleman again for bringing this rule to government’s collection activities, including For those people who are watching
the floor. I urge all of our colleagues to under various provisions of the Foreign Intel- this back at home, understand what
vote for this important rule that en- ligence Surveillance Act. that means. That means that a Mem-
ables us to do important things for the As Members of Congress, we take an oath ber of this body who has been delegated
American people. With that, I urge an to support and defend the Constitution, and to to them the responsibility from their
‘‘aye’’ vote. protect the American people. constituents to vote for them, to argue
Madam Speaker, I rise in support of the This legislation honors that oath, as it also for them, to be on this body rep-
USA FREEDOM Reauthorization Act, a honors the patriotic contributions of the men resenting them, is taking that solemn
strong, bipartisan bill to reauthorize critical and women of the intelligence and law en- duty and handing it to another, and in
FISA provisions. forcement communities and the privacy of the some cases, 5 or 10 Members handing it
In March, our Members worked day and American people. to another.
night to craft legislation that strikes a strong, I urge Members to remember their oath and That undermines our body. It dilutes
careful balance between security and privacy. to once again support this critical legislation to the representation of our constituent.
We thank Chairman NADLER and Chairman keep the American people safe. It dilutes those of us as Members and
SCHIFF for their leadership and the expertise Mr. WOODALL. Madam Speaker, I the power and importance that is en-
they bring on this vital national security issue. yield myself such time as I may con- trusted to us to represent our constitu-
We were proud to have passed that bill on sume. Madam Speaker, I thank the ents.
an overwhelmingly bipartisan 278–136 basis, Speaker for her words. We do come to This is what is at stake, and this is
including with the support of 126 of our Re- a place where we sometimes are satis- what we are talking about, and this is
publican colleagues. fied. In this case we had a bipartisan why we have filed litigation.
Last week, the Senate considered the group that was continuing to work to I would rather that we address this in
House-passed FISA bill and amended it to fur- do even more of those good things that this body, but in talking to the Parlia-
ther expand the robust amicus curiae provi- the gentlewoman laid out. mentarian, I was advised there was
sions in the original House bill. The bill then They had an amendment that they nothing we could do, that when the
passed also on an overwhelmingly bipartisan had drafted together in a bipartisan House voted 10, 12 days ago——
basis, 80–16, supported by nearly every Re- way. That amendment was not made in The SPEAKER pro tempore. The
publican Senator. order on this floor. I agree with the time of the gentleman has expired.
Yet, now, some Members on the other side gentlewoman, we should never be satis- Mr. WOODALL. Madam Speaker, I
of the aisle are considering changing their fied. In this case, we have decided to be yield an additional 1 minute to the
minds and flipping their position, in order to satisfied with the Senate language in- gentleman from Texas.
score political points with the President. stead of trying to improve it with the Mr. ROY. Madam Speaker, I was ad-
As should be clear, political gamesmanship House work product, and I deeply re- vised that we could do nothing in this
has no place in our national security. Reau- gret that. body to address the constitutional in-
thorizing FISA—and doing so in a timely man- Madam Speaker, I yield 2 minutes to firmity of literally transferring our
ner—is a matter of keeping the American peo- the gentleman from Texas (Mr. ROY.) constitutionally vested authority to
ple safe. Mr. ROY. Madam Speaker, I appre- represent our constituents to another.
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Indeed, FISA is a critical pillar of America’s ciate the opportunity here to visit Therefore, I was told, and I believe that
national security, which Congress has updated about what we are dealing with today is the case, we have to go to the courts,
and improved over the years to ensure that with respect to proxy voting with re- the Article III courts, to express our
Americans’ privacy and civil liberties are re- spect to the previous question. And I concern that this is constitutionally
spected. notice that the gentleman from Massa- infirm.
After 9/11, as revelations emerged that the chusetts—and, first of all, and our This is not about setting our own
Bush Administration had engaged in warrant- prayers go out for the tragedy that you rules. This is about directly opposing
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May 27, 2020 CONGRESSIONAL RECORD — HOUSE H2307
the structure of the Constitution in By the way, we didn’t get through this room. Well, that room was in
which we represent our constituents. the pandemic of 1918 in the way the Philadelphia. Or you needed to be in
Keep in mind that at the time of our gentleman just kind of characterized. this room. Well, that room is in New
founding in 1793, in the heat of yellow In fact, that was an example of why we York.
fever, 5,000 Philadelphians died out of a need to do something because, during My friends, you have magnified form
population of 50,000. That is 10 percent. that time, we weren’t meeting. During over substance. Our constituents voted
That would be 180,000 or 160,000 today. that time, a bill actually to try to get for us to vote their interests, and there
Yet, what happened? James Madison, more doctors to rural areas to help are many ways we can do that.
George Washington, and Thomas Jef- people get through it couldn’t get They had not the technology. That is
ferson were all working to figure out passed in the House, and a lot of people why they couldn’t schedule a vote in 48
how this body could continue to meet died as a result of it. hours, because the horses did not fly.
in person. They didn’t adopt proxy vot- So, I don’t look at the Spanish flu of Form over substance.
ing. They figured out how to work to 1918 as somehow a model that we ought You don’t want us to meet. And the
meet. to employ now. That is an example of man who would be king does not want
There is a letter sent from James how this institution failed, and people us to meet. I get that. Because you do
Madison to George Washington on Oc- died as a result of it. not like the substance, whether it is
tober 24, 1793, talking about this very We are now in another pandemic. the Affordable Care Act, whether it is
issue, that in a pandemic, this body Hopefully, this is short-lived. Hope- trying to help renters and mortgage
should meet. fully, the President is right that, to- people, whether it is trying to help peo-
The SPEAKER pro tempore. The morrow, everything will be perfect. But ple in line. I get it. You don’t want us
time of the gentleman has again ex- we are also being told that, actually, to meet.
pired. things could get worse in the fall. That But we have an obligation and a duty
Mr. WOODALL. Madam Speaker, I is what happened during the Spanish to the American people to do so, to
yield an additional 1 minute to the make sure that the man who would be
flu, by the way. The fall was worse.
gentleman from Texas. We need to be prepared, and that is king is not king because our Constitu-
Mr. ROY. Madam Speaker, this body
what we are going to do. We are going tion, the people who met in that Phila-
should continue to meet. That letter
to do the people’s business, and the delphia room, they had had enough of
from James Madison, the father of the
people who can get here, they can get kings. They wanted to have people who
Constitution, to the father of our coun-
here. If they can’t, for whatever rea- would represent them. And they didn’t
try, George Washington, expressly lays
son, because flights have been canceled care whether they voted on this ma-
out what he is talking about to try to
because they are living in areas where chine, that machine, that machine, or,
protect our duty to meet as a body, the
requirement of physical presence, the there has been a terrible surge in very frankly, as you are sitting in the
requirement that we meet together, to COVID–19, we will adjust accordingly. aisle and you can’t get by and you ask
Again, this is temporary, and it is your friend: ‘‘Put it in the slot for me,
look each other in the eye to do our
not meant to displace the way we do will you?’’
duty to represent our constituents.
This is not about slowing down the business here on a regular basis, and it I am not going to ask you to raise
work of this body. This is about doing is totally constitutional. Constitu- your hand if you have ever done that.
our duty to uphold the Constitution tional scholar after constitutional But that was virtual voting. But it re-
and finding a way to navigate through scholar has validated that, so I would flected your view, my view, rep-
the difficulties of the current moment. say to the gentleman that I reject the resenting my constituents and your
We got through yellow fever. We got way he has characterized what we have constituents.
through world wars. We got through done here because it is just not accu- Now, let me speak about this rule
the Spanish flu. We got through a Civil rate. It is not accurate. and this bill because I am appalled,
War. And we managed to figure out Madam Speaker, I yield 1 minute to chagrined, disappointed at what is hap-
how to do our job. Our Founders got the gentleman from Maryland (Mr. pening. We worked very hard to deal
through smallpox. I would implore my HOYER), the majority leader of this with a very difficult subject, Mr. BLUNT
colleagues on the other side of the House. and I from the House and Senator Bond
aisle, let us not adopt this proxy voting Mr. HOYER. Madam Speaker, I and Senator Rockefeller. Ms. PELOSI
in which we turn over our solemn duty thank the gentleman from Massachu- was the Speaker of the House, and I
to another Member. Let us work to- setts for yielding. was the majority leader of the House.
gether to find out how to get through I am going to argue, and I want to It was 2008, and we were trying to deal
this in a way that respects the Con- talk about this rule and the bill to with extending the Foreign Intel-
stitution. That is why we are here. which it applies, but I will take a ligence Surveillance Act to keep our
Mr. MCGOVERN. Madam Speaker, I minute, not much more, perhaps a lit- people and our country safe.
yield myself such time as I may con- tle more than that, to talk about what Probably not very many of us on this
sume. apparently the Republicans want to floor know more about the Intelligence
Nobody is turning over their solemn talk about: proxy voting. Committee than our Speaker. She is
duty to another Member of Congress, I will tell my friend that not a single the longest serving member of the In-
and if my friend would read the pro- one of my constituents, not one, voted telligence Committee ever.
posal which passed the House, if he had for me so I would vote in this machine. Mr. NUNES and Mr. SCHIFF, they work
paid attention to the debate that we Not one. Not one of them voted for me together. Mr. NADLER and his ranking
had, he wouldn’t be mischaracterizing to vote in that machine. What they member work together. Just about 21⁄2
what, in fact, we are doing here. want me to do is vote to represent months ago, we came to this floor, and
Nobody is turning over their solemn them, and they really didn’t care how I we were all present. I don’t mean we
power to anybody. Members have to did that as long as it was accurate. had 100 percent of membership, but we
participate directly just like they Very frankly, I think that side of the were mostly present. We debated that
would on the House floor. They have to aisle is promoting form over substance. bill, and we voted on that bill.
pay attention to the proceedings. They Of course, the gentleman mentioned We did what the American people so
cannot give their votes in advance. On Philadelphia, September 1787, the mir- pined for us doing. We voted together
a previous question, people have to re- acle at Philadelphia. You remember as Americans; 67.7 percent of the Re-
spond just like they would in real time the debate as Member after Member publicans voted aye, and 66.9 percent of
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as if they were here on the floor. got up and said we cannot use Teams; the Democrats voted aye. And America
So, this is just not true. It is not ac- we cannot use our cell phones; we can- said amen. That is what they want us
curate. not use Webex. Remember that debate? to do, reason together and do for the
Again, we have had this debate. The They said you can’t use any of that, American people and our country what
House has spoken, and we are moving and you certainly can’t use a rotary is best for our people and our country.
forward with remote voting by proxy telephone. You heard them say that. We sent that bill to the United
today. You can’t do that. You need to be in States Senate; 126 Republicans and 152
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H2308 CONGRESSIONAL RECORD — HOUSE May 27, 2020
Democrats voting together. Two-thirds The only thing that has changed, tion to this very next vote. They are
of the House sent that bill to the Madam Speaker, is that Donald Trump going to do something that no Member
United States Senate. has said ‘‘Vote ‘no’ ’’ to 126 people who has ever been allowed to do before.
I talked to Mr. SCHIFF and I talked to voted with 152 Democrats for America. They are going to change history, but
Mr. NADLER, and they said this House By the way, the people who are vot- not for the better.
bill has the support of the United ing ‘‘no’’ also voted for America. They While millions of Americans are
States Senate. I talked to leaders—I voted for civil liberties, which we going to be tuned in to their television
won’t name them—in the United States honor. to watch us put people in space, we are
Senate who were surprised that the We can respect every person who going to watch more than 70 Members
Senate did not pass the House bill but voted because they voted out of convic- on the Democrat side stay home and
sent an extension because they didn’t tion, not out of party loyalty, not out say they could not make it, but they
really vote on the House bill. They sent of a ‘‘Yes, sir.’’ They voted their con- still want a paycheck.
it after we had left. We didn’t pass science, they voted their conviction. We just listened to the majority lead-
that, and the Intelligence Committee I wish this Chamber were full, but we er question the Republicans on whether
made do. have to be distanced. I hope some of they want to meet.
So, the Senate did, in fact, take up my colleagues are listening on both I watch my home State of California.
the bill. What did they do? Two people sides of the aisle. Now we get to go to church, now we
who spoke, Mr. BURGESS and Mr. This bill is like every bill, not per- can get our hair cut today, but in Con-
WOODALL, who voted with the major- fect, but as the Speaker said, it must gress, what do we get? We get no ac-
ity, with the two-thirds of Republicans pass. Why? To protect America. countability.
who said this is a good bill, this is a We need to continue to keep making You see, the one thing the majority
good bill for our country, for America’s it better. My friend from Massachu- leader said that is true is that people
security, and America’s safety—as did setts will make sure that we focus on vote for us. Yes, they do. They vote for
Mr. MCCARTHY; as did Mr. SCALISE; as that, and I honor him for it. us, expecting us to vote for them. They
did Mr. THORNBERRY, the ranking mem- So I ask my friends: Vote your con- do not expect us to give that vote to
ber of the Armed Services Committee; victions. Remember how critical you somebody from another State.
as did Mr. ROGERS, the ranking mem- were of a candidate for President who Our Constitution, our country ex-
ber on the Homeland Security Com- said, ‘‘I first voted for it and then I pects us to convene, just as history has
mittee; as did Ms. CHENEY, your Con- voted against it,’’ how critical you shown every time before in any crisis
ference chair; as did Mr. COLE, the were. But your flailing around to find a we have.
ranking member of the Rules Com- rationalization for your change of vote I heard the majority leader question,
mittee; and 120 other Republicans. is sad. not going through the Speaker, but one
b 1600 Madam Speaker, vote ‘‘yes’’ on the of our own Members on a speech that
Now, there were, of course, as is not rule and on the bill. Vote for your he gave just a few minutes before, Con-
surprising, differences. This is, as the country. gressman CHIP ROY, about whether he
Speaker said, a very controversial bill. The SPEAKER pro tempore. Mem- wanted to meet. Well, let’s look at
It is always a controversial bill. bers are reminded to address their re- some facts.
My friend, Mr. MCGOVERN, and I, who marks to the Chair. We are called back here to vote on a
vote together most of the time, are Mr. WOODALL. I thank you for that bill authored by CHIP ROY, the Con-
going to vote differently on this bill. I admonition, Madam Chair. gressman, to help small businesses, but
am going to vote for it. He believes Madam Speaker, there is only one his name will no longer be on it. The
there are not enough protections in person on our side of the aisle who can only reason we are going to get a vote
here. But there are more protections in clear up all of that confusion in 1 on it is because the Speaker had to
here than when those named voted for minute. I yield 1 minute to the gen- pledge to somebody to vote for the $3
it and 80 Members of the United States tleman from California (Mr. MCCAR- trillion bill that we would vote on.
Senate voted for it, including 48 Repub- THY), our leader. Once we found out everybody loved
licans. Mr. MCCARTHY. Madam Speaker, I the bill, lo and behold, we can’t let a
Now, what was different when they thank the majority leader for his com- Republican have their name on the bill,
voted on it and 48 Republicans in the ments. It reminds me of the days when so we have changed the bill number.
United States Senate voted for it? I was the majority leader and he was We didn’t change the bill, but took his
There had not been a snap of the fin- minority whip and we used to be able name off of it. He is no longer the main
gers, ‘‘Vote ‘no’ ’’; not an order from on to have colloquies. I yearn for those author of the bill, even though it was
high, ‘‘Vote ‘no’ ’’; not a President who days again. his idea. It is something the Members
has been beating the drum and, frank- But let me respond to much of what can be proud of on the other side. They
ly, his supporters have been beating the majority leader has said. I respect played politics well that day.
the drum that somehow the law en- the gentleman greatly, but I just think CHIP ROY will tell me, though, he
forcement community—the FBI, the he is wrong. doesn’t care who gets the credit; he
CIA, the other this and that and the When I walked in the room, the gen- just wants to help small businesses.
other law enforcement agencies—broke tleman said we did not want to meet. I look forward to seeing the Member
the Constitution. He knows that is not true. who took his name try to campaign on
This President shows less respect for Simply look at the board today, how that. That is a lot of character on the
law enforcement than any President I many Republicans are here and how other side, by far. I hope they are
have seen at the Federal level. So he many Democrats. We will give the gen- proud of that, because I don’t think
said, ‘‘Vote ‘no.’ ’’ tleman an easy answer to that question anybody in the country is.
My friend with whom I work, the ma- of who wants to meet. Now, let’s just look at some facts.
jority leader, called me the other night Or why not look to simply a month I respect the chairman of the Rules
and said: You ought to pull the bill— ago. Only one side put a plan out of Committee. I read his reports. Even in
the minority leader. how to bring Congress back. April, he wrote a report about proxy
You know why I do that? Because we We don’t have a schedule. We don’t voting, and he questioned the constitu-
were all in the majority when we know when we are supposed to come. tionality of it. I don’t know if the Con-
passed this bill. It wasn’t a majority- One day they say ‘‘yes,’’ the next day stitution changed between then and
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minority bill; it was an American bill. they say ‘‘no.’’ now, but I don’t believe it has.
My friend, the minority leader, said: I think it is very clear which side Let’s look at exactly the facts of
Pull this bill. wants to meet. It is very clear, and what we have.
Now, I won’t go into the rest of the based upon 231 years of history. Now, I think many Members will say
conversation because we have private For those Members not in the Cham- in their own States that things are get-
conversations about where we are ber and sitting in their office watching ting better. I know in my home State,
going to go and what we need to do. on television, they ought to pay atten- we can go to church; yes, we can get
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May 27, 2020 CONGRESSIONAL RECORD — HOUSE H2309
our hair cut; restaurants are opening read it into the RECORD since they have Constitution just to empower more
up. But 2 weeks ago, people would prob- a hard time reading: power to the majority itself.
ably argue it was a little worse. If a Member is unavailable to email or send It will be interesting to see those
At that time, only 12 Democrats a text message, a staff member may trans- who go back to their constituents and
couldn’t make it here to vote for their mit the instructions at the direction of the say, I will represent you because I can
$3 trillion bill. Now there are more Member. just phone it in. I deserve to be re-
than 70 who are supposedly signing Is that a staff member? Does that say elected because I passed us off to an-
something to say they physically can’t anywhere in there that only a Member other Member to vote for you.
make it here now. I wonder if any of can vote? It is interesting to find that maybe
them are having a fundraiser today. I have not yielded my time, but I when you raised your hand, maybe
Let’s go through the facts. have read these words. when you thought the Constitution
The Constitution requires in-person A Member can vote by proxy while changed, it hasn’t.
assembly. attending a political fundraiser under So, yes, just as the majority leader
If we hang our hat on the notion that this plan. A Member could be at a fund- said, he wants you to look into your
the House can make their own rules, raiser watching on television and say: heart to how you are going to vote. Do
then why don’t we make a rule that Well, let me pause for one moment. I that.
Republicans can’t vote? Why don’t we didn’t want to go back to D.C., even I hope we all come back to this floor
make a rule that women can’t vote? We though you asked me to, but I need to and we all look up. I am not sure how
can make the rules, but we can’t make put my vote in. It is okay. I will get the vote will go. Will you have a little
unconstitutional rules. somebody from another State to do it. P by the name that says a proxy?
The Constitution deals with this and The McGovern regulations state that
Will we be able to tell by proxy that
tells us we should assemble. Yes, that Members can only vote using proxy
somebody from another State voted for
is why, on August 14, after this build- voting if they are physically unable to
you so the rest of the country can see?
ing burned in 1812, the War of 1812–1814, make it to the Capitol.
I don’t know what happened in the How will you tell the country today
they still convened. It wasn’t here, but that is opening up more, that is send-
it was in a hotel. last 2 weeks when only 12 could not
make it, but now there are more than ing astronauts to space, that you want
Some might think, oh, modern his-
70. I am concerned for them. It must be to close Congress further, and you want
tory allows us to do this. Well, do you
something very serious. to deny their voice one last time?
know what modern history allows peo-
All Members had nearly 2 weeks’ no- This is not about opening a campus.
ple to do? If the Member can’t vote on
tice ahead for this vote; 2 weeks we had This is about restoring the voice to the
the proxy, this rule allows the staff to
to plan. American public that we have done for
do it. That is literally what the rule
For 231 years, Members found a way 231 years. And for you to ever question
says.
If the other side doesn’t have it, I to get to D.C. who wants to meet, let the public just
will put it in the RECORD right here. I If this rule or bill passes, it will only see the scoreboard at the end of the
will underline it, and I will provide it be because of proxy votes that will day.
to the other side. If they want to read make up the difference. I think it is easy to answer that ques-
it out loud, they are more than wel- So my friend over there thinks some- tion, not by voice, but simply by your
come. one is going to vote differently. Yeah, feet, who is willing to show and who is
they are. willing to work for them.
If a Member cannot provide electronically,
a staff is allowed to put the vote across. Even on the Senate side, they have The SPEAKER pro tempore. Accord-
told us: Whatever you are passing here ing to the rules, Members shall address
That is what is written. That is what
under these rules is not constitutional. their remarks to the Chair, and the
was passed. If we can make this type of rule, we Chair will strongly admonish all Mem-
Even one proxy vote dilutes the vot- could make anything: People with bers to do so.
ing power of every Member. glasses can’t vote—unheard of.
We have an unbelievable country. Mr. MCGOVERN. Madam Speaker, I
The people lend their power and voice b 1615 yield myself such time as I may con-
to Members of Congress, be it a Con- sume.
Yes, we raised a lawsuit. Yes, we be-
gresswoman or Congressman, and they I have been here for a while now, and
lieve in a previous question, that peo-
hold us accountable every 2 years. I have never quite heard anything like
ple should vote ‘‘no’’ on this.
We are going to have people on this It is a violation of the Constitution. that; I mean, blatant mischarac-
floor voting for more than five Mem- It is a dereliction of the duty of elected terization of what the facts are.
bers from five different States. officials. It will silence the voice of The gentleman suggested, not once,
In California alone, the largest dele- people, the same constituents that you but several times, that the rules allow
gation, more than half of the Demo- took the oath to represent. staff members to vote for other Mem-
crats stayed home. I will guarantee I think of all the things this country bers in this Chamber. That is just not
they all cashed their check this month. had challenges with. Never did this true. I mean, no matter how you want
That means 19 million people in Cali- body not find it was essential to meet. to look at it, it is just not true. But the
fornia will not have their voice heard. Never did they question to change the gentleman repeated that falsehood over
Maybe somebody from Connecticut will rule to empower one over another. But and over and over and over again.
vote for them. they have done just that. They have I asked him to yield so I could read
More than 70 Members will vote by done just that. the end of the sentence that he didn’t
proxy. That is 49 million Americans If you are a Member of Congress, if want to finish, which is: ‘‘And that
who did not count because we gave it you are home, sitting there because Member must confirm the instruction
to somebody else. The other side you cannot make it, and you think you by telephone to the Member serving as
should be proud of that. are going to send your message to your proxy before the vote may be cast on
Proxy votes have never been allowed staffer to send it in, you might want to their behalf.’’
to count towards a quorum, but what change because maybe McGovern will The gentleman knows that that is
are we going to do on this rule? There change the rules now. not true but, yet, here he comes to the
will be more bodies voting ‘‘no’’ than When you were sworn in, you held up floor and he repeats over and over
voting ‘‘yes,’’ but the other side is your hand to uphold the Constitution. again something that, in the written
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going to win because they have got a This is your moment. This is your instructions, in the guidelines that he
vote in the pocket. time. Read Article I, Section 4, Section was referring to, says the opposite.
The Democrat plan permits a staffer 5, and Section 6. We even compel peo- I mean, are things that broken here
to vote by proxy on behalf of a Member ple to go gather you to bring you to that we cannot even agree on the basic
who is unavailable. That is totally these Chambers. facts?
true. It is in the rules right here, and I What is interesting to me is that the I get it. You don’t like what we are
will provide it to the other side. Let me other side is willing to endanger our doing here, that’s fine. But let’s not
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H2310 CONGRESSIONAL RECORD — HOUSE May 27, 2020
misinterpret and twist and distort hopefully, we can get back to business What you didn’t hear from the major-
what we are trying to do here. as normal as quickly as possible. But if ity leader, what you didn’t hear from
Yeah, the gentleman had a plan. We this comes back in the fall, we need to the Speaker, is that the Rules Com-
actually delayed moving forward on be prepared. mittee did not allow that bipartisan
trying to change the rules to operate So, under this proposal, if you want amendment; and we have now a take-
remotely because the gentleman said to be here you can come here and we it-or-leave-it piece of legislation from
that he was willing to work with us to can operate in person. But as we are all the United States Senate. I get it; that
try to figure out whether we could finding out, that is difficult, even in happens to us sometimes, but it doesn’t
come to some sort of accommodation. committee hearings. have to happen to us today.
And you know what his plan was? His The Rules Committee is the smallest We have a bipartisan option, a bipar-
plan was we all come back, and all the committee in the House, and we can’t tisan choice. We, collectively, if we
Members in this Chamber get even meet in the Rules Committee pass this rule, will choose to ignore
prioritized, over all of our constitu- room. We are meeting in the Ways and that opportunity, an opportunity that,
ents, and we get tested every time we Means Committee room or the Trans- in a bipartisan way, we agree both pro-
come back, so that we can operate here portation and Infrastructure Com- tects national security and protects
safely. mittee room, which are among the big- civil liberties better than the under-
So my doctors, and my nurses, and gest committee rooms in the House be- lying bill.
my first responders, and those who cause we are all trying to follow the Madam Speaker, I don’t know how
work in our grocery stores, and those advice of the Attending Physician. many of my colleagues decided to show
who work in homeless shelters and in So we can debate whether this is the up for the vote today. We will soon find
food pantries, who can’t get tested, we best way to move forward or not. That out. Each one who is voting by proxy is
are all so special, according to the mi- is fine. But let’s not make things up. going to have to go through you and
nority leader, that we should be Madam Speaker, I reserve the bal- the Member they have designated.
prioritized and go to the top of the list. ance of my time. The two issues before us are serious
And that was part of his plan. Mr. WOODALL. Madam Speaker, I issues, and they are threatened by the
Forget about it. I don’t know about yield myself the balance of my time. underlying constitutional issue of the
your constituents, but my constituents Madam Speaker, you have heard the manner in which we will vote, as will
would find that totally unacceptable, thundering defense of the constitu- every single vote we take until this
and it represents a tone-deafness that I tionality of a constitutionally ques- measure is litigated.
haven’t heard in a long time here. tionable proxy voting procedure. That Let’s litigate first. Let’s not throw
When he talks about no account- is what our motion is in the previous all of this important work into ques-
ability in this process, I don’t even question. tion. If my friend from Massachusetts
know what the hell he is talking about, My friend from Massachusetts is ab- is right and it is crystal clear legally,
I really don’t. solutely certain that every constitu- we will find out in no time flat.
And again, the idea that somehow tional scholar in the land is on board But if my friend from Massachusetts
staff could vote for Members? That is and believes it is absolutely fine, which is wrong, then we will prevent the next
absolutely not true. Absolutely not is good news for those of us who want round of litigation that calls into ques-
true. the district court to decide, because tion every single bill this House acts
I don’t even know how to respond to the constitutionality can be sorted out on between now and then.
what the gentleman just said. It makes in the courts in no time flat. I want to close, Madam Speaker, by
you understand why so many people If it is this settled of a question, we saying I don’t question my friend from
are cynical when they look at this are saying just give it a couple of days. Massachusetts’ love of this institution
Chamber and they see the exchanges Let the court have an opinion. Let’s go or his understanding and knowledge of
that go on here. ahead and sort this out. If it is a non- the Constitution. He is in a tough spot
I get it; we have disagreements on judicial issue, then we will learn that. as the Rules Committee chairman. We
issues. We have disagreements on If it is so clear that it is okay, why have a crisis in front of us. It was his
whether we should move forward on won’t we allow time for the court to job to move something forward.
with FISA or not. I have disagreements take a look? The report he wrote earlier this year
with my own leadership on that. Those My friend from Massachusetts says reflected his wisdom. The measure this
are honest disagreements, but they are we have had this debate and the House House passed reflected his wisdom. He
based on conviction. They are based on has spoken. That is undeniably true. has got a very difficult job, and that is
fact. Now, to be fair, it spoke in a bipartisan why you hear the very passionate de-
You can disagree with whether or not way against this; in a partisan way in fense he is making of what will become
we should be able to operate remotely favor of proxy voting; in a bipartisan known as the McGovern language.
during extraordinary times like way against proxy voting. But let it not be said by any Member
pandemics. I get it. We can argue about Yes, the House has spoken, and, in a of this Chamber that his intent is any-
the constitutionality. I think we are on bipartisan way, we have serious con- thing other than serving this country
strong constitutional grounds. You can cerns that we would like to be ad- and serving this House. He is in a very
argue the opposite point of view. dressed. If we defeat the previous ques- difficult spot, but I know that his heart
But to makes things up, to come tion, they will be. It is not going to and his intellect are 100 percent with
down here just to twist what we have slow down the underlying bill. It is not the people of this country and in serv-
done here, it is just unacceptable. It is going to slow down any other impor- ice to this institution. I regret that we
unacceptable. We all ought to be better tant issues on the House floor today. It are on different sides of this particular
than that. simply delays proxy voting that has issue.
We are trying to figure out a way to never before happened in this Chamber Vote ‘‘no’’ on the previous question.
operate during a very difficult time in until the courts rule on its constitu- Defeat it. Add this litigation timeout.
our country where, probably today, tionality. If we can’t do that, then I need my col-
over 100,000 people will have lost their Madam Speaker, the underlying pro- leagues to defeat the rule. Defeat the
lives. vision is an extension of our Foreign rule, and let’s take a better bite at this
And notwithstanding the President Intelligence Surveillance Act meas- decision with the bipartisan amend-
of the United States trying to down- ures. This is something, as the major- ments that we have before us.
SSpencer on DSK126QN23PROD with HOUSE
play that and say, no big deal, you ity leader said, that we have done in a Madam Speaker, I yield back the bal-
know, it is not much of anything. bipartisan way time and time again. I ance of my time.
It is a big deal. I have lost valued have been a part of that bipartisan coa- Mr. MCGOVERN. Madam Speaker, I
members of my community to this dis- lition. yield myself such time as I may con-
ease, and I know you have as well. Today, we have a Senate bill in front sume.
So we are trying to get through this of us, and a bipartisan House amend- Let me thank my colleague from
and, hopefully, this is short-lived and, ment that improves that bill. Georgia (Mr. WOODALL). This is his last
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May 27, 2020 CONGRESSIONAL RECORD — HOUSE H2311
term and, believe it or not, I am going we did to try to accommodate the re- Barr Espaillat Langevin
Barragán Estes Larsen (WA)
to miss him. He is a spirited debater. ality that we are faced with during this Bass Evans Larson (CT)
But I want to say, and I say this sin- COVID–19 crisis was responsible and de- Beatty Ferguson Latta
cerely, I appreciate his advocacy for liberative. We attempted to work in a Bera Finkenauer Lawrence
his point of view. I usually disagree bipartisan way. Bergman Fitzpatrick Lawson (FL)
Beyer Fleischmann Lee (CA)
with it, but I know it is based on prin- In fact, many of the parts of this pro- Biggs Fletcher Lee (NV)
ciple and conviction, and he sticks to posal reflect Republican suggestions. I Bilirakis Fortenberry Lesko
the facts. He doesn’t come to the floor regret that we did not come to a con- Bishop (GA) Foster Levin (CA)
and make things up. He actually sticks Bishop (NC) Foxx (NC) Levin (MI)
clusion that we all could agree on, but
Bishop (UT) Frankel Lewis
to the facts. We have disagreements on as I said before, the minority leader’s Blumenauer Fudge Lieu, Ted
those facts, and that is the way debate insistence that somehow we all be Blunt Rochester Fulcher Lipinski
should be. It should be based on what is prioritized in terms of testing was a Bonamici Gaetz Loebsack
real, what are the facts. Bost Gallagher Lofgren
nonstarter. His insistence that he had Boyle, Brendan Gallego Long
Madam Speaker, as you heard today, veto power over everything and that he F. Garamendi Loudermilk
this is a difficult issue, the underlying would use that veto power so we Brady Garcia (CA) Lowenthal
legislation that we are dealing with couldn’t operate remotely was also a Brindisi Garcı́a (IL) Lowey
with regard to FISA. It is one that cuts nonstarter.
Brooks (AL) Garcia (TX) Lucas
across party lines, and many Members Brown (MD) Gianforte Luetkemeyer
We need to do our work, and we need Brownley (CA) Gibbs Luján
have strong opinions. to do it in a way where all Members Buck Gohmert Luria
As I said earlier, I opposed the origi- Bucshon Golden Lynch
during this pandemic can participate.
nal PATRIOT Act and subsequent reau- Budd Gomez Malinowski
The material previously referred to Burchett Gonzalez (OH) Maloney,
thorizations. I appreciate the work of
by Mr. WOODALL is as follows: Burgess Gonzalez (TX) Carolyn B.
many of my colleagues in getting re- Bustos Gooden Maloney, Sean
AMENDMENT TO HOUSE RESOLUTION 981
forms included in the underlying bill Butterfield Gosar Marshall
that are badly needed. I think we need At the end of the resolution, add the fol- Byrne Gottheimer Matsui
lowing: Calvert Granger McAdams
to do much more to truly respect all
SEC. 4. H. Res. 965 shall have no force or ef- Carbajal Graves (GA) McBath
Americans’ fundamental right to pri- fect until such time as the ongoing litigation Cárdenas Graves (LA) McCarthy
vacy. into the constitutionality of proxy voting is Carson (IN) Graves (MO) McCaul
Carter (GA) Green (TN) McClintock
b 1630 complete.
Cartwright Green, Al (TX) McCollum
Mr. MCGOVERN. Madam Speaker, I Case Griffith McEachin
I think it is a false choice to suggest
yield back the balance of my time, and Casten (IL) Grijalva McGovern
that either we can fight terrorism and
I move the previous question on the Castor (FL) Grothman McKinley
wrongdoing or uphold the right to pri- Castro (TX) Guest McNerney
resolution.
vacy. Chabot Guthrie Meeks
There has been a lot of debate on The SPEAKER pro tempore. The Cheney Haaland Meng
both sides of the Capitol, and the Presi- question is on ordering the previous Chu, Judy Hagedorn Meuser
question. Cicilline Harder (CA) Mfume
dent has weighed in recently. The At- Cisneros Harris Miller
torney General has suggested that the The question was taken; and the Clark (MA) Hartzler Mitchell
President should veto this bill not be- Speaker pro tempore announced that Clarke (NY) Hastings Moolenaar
cause the Attorney General wants the ayes appeared to have it. Clay Hayes Mooney (WV)
Mr. WOODALL. Madam Speaker, on Cleaver Heck Moore
more reforms like the ones that the Cline Hern, Kevin Morelle
Senate put in or the ones that have that I demand the yeas and nays. Cloud Herrera Beutler Moulton
been suggested. It is quite the opposite. The SPEAKER pro tempore. Pursu- Clyburn Hice (GA) Mucarsel-Powell
The Attorney General doesn’t want any ant to section 3 of House Resolution Cohen Higgins (LA) Mullin
Cole Higgins (NY) Murphy (FL)
more checks and balances put in place. 965, the yeas and nays are ordered. Collins (GA) Hill (AR) Murphy (NC)
As I said earlier, that scares me be- Pursuant to clause 8 of rule XX, fur- Comer Himes Nadler
cause I don’t trust him. I just don’t. ther proceedings on this question are Conaway Holding Napolitano
postponed. Connolly Horn, Kendra S. Neal
Now, the House will have a chance to Cook Houlahan Neguse
work its will. My vote on the under- f Cooper Hoyer Newhouse
lying bill will be ‘‘no.’’ But I respect Correa Hudson Norcross
UYGHUR HUMAN RIGHTS POLICY Costa Huffman Norman
many of my colleagues who feel strong- Courtney Huizenga Nunes
ly that we ought to move forward and ACT OF 2020 Cox (CA) Hurd (TX) O’Halleran
approve the bill that originated in this The SPEAKER pro tempore. Pursu- Craig Jackson Lee Ocasio-Cortez
House then went to the Senate where Crawford Jayapal Olson
ant to clause 8 of rule XX, the unfin- Crenshaw Jeffries Omar
additions were made in the Senate, and ished business is the vote on the mo- Crist Johnson (GA) Palazzo
now it is back to the House. So, this tion to suspend the rules and pass the Crow Johnson (LA) Pallone
has been a process that has not been bill (S. 3744) to condemn gross human Cuellar Johnson (OH) Palmer
Cunningham Johnson (SD) Panetta
short-circuited in any way, shape, or rights violations of ethnic Turkic Mus- Curtis Johnson (TX) Pappas
form. lims in Xinjiang, and calling for an end Davids (KS) Jordan Pascrell
But I think that given the fact that to arbitrary detention, torture, and Davidson (OH) Joyce (OH) Payne
the Senate passed this with 80 percent harassment of these communities in-
Davis (CA) Joyce (PA) Pelosi
Davis, Danny K. Kaptur Pence
of the Senate voting in favor of it— side and outside China, on which the Davis, Rodney Katko Perlmutter
again, I would have voted ‘‘no’’ if I yeas and nays were ordered. Dean Keating Perry
were in the Senate. But 80 percent of The Clerk read the title of the bill. DeFazio Keller Peters
them voted in favor of it. Madam DeGette Kelly (IL) Peterson
The SPEAKER pro tempore. The DeLauro Kelly (MS) Phillips
Speaker, you can’t get 80 percent of the question is on the motion offered by DelBene Kelly (PA) Pingree
Senate to agree on lunch, yet they the gentleman from California (Mr. Delgado Kennedy Pocan
voted affirmatively on this. SHERMAN) that the House suspend the
Demings Khanna Porter
We voted in the House. Two-thirds of DeSaulnier Kildee Pressley
rules and pass the bill. DesJarlais Kilmer Price (NC)
this Chamber, Democrats and Repub- The vote was taken by electronic de- Deutch Kim Quigley
licans, voted ‘‘yes.’’ I voted ‘‘no.’’ But vice, and there were—yeas 413, nays 1, Diaz-Balart Kind Raskin
the idea that somehow there isn’t Dingell King (IA) Reed
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not voting 17, as follows: Doggett King (NY) Reschenthaler
strong support to move forward I think Doyle, Michael Kinzinger Rice (NY)
[Roll No. 110]
is not justified by the facts. F. Kirkpatrick Rice (SC)
Madam Speaker, I urge my col- YEAS—413 Duncan Krishnamoorthi Richmond
leagues to vote ‘‘yes’’ on the rule so we Adams Amash Babin Dunn Kuster (NH) Riggleman
Aderholt Amodei Bacon Emmer Kustoff (TN) Roby
can move forward. Aguilar Armstrong Baird Engel LaMalfa Rodgers (WA)
I would again differ with my friends Allen Arrington Balderson Escobar Lamb Roe, David P.
on the previous question. I think what Allred Axne Banks Eshoo Lamborn Rogers (AL)
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