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Congressional Record, Senate, June 16, 2020 — Great American Outdoors Act and Paycheck Protection Program

Summary

Page S2982 of the Senate section of the Congressional Record for June 16, 2020. Mr. Schumer says that the Supreme Court ruled in Bostock v. Clayton County, Georgia, that the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation and gender identity. Remarks on a judicial nominee, Judge Walker, cite his education and his defense of religious liberty. Remarks on the Great American Outdoors Act cite a letter from the last six former Secretaries of the Interior and endorsements from groups including the Sierra Club and the American Sportfishing Association.

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“Congressional Record, Senate, June 16, 2020 — Great American Outdoors Act and Paycheck Protection Program.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-16-crec-2020-06-16-pt1-pgs2982-4-f446507821/, SHA-256 a558a9147d52aa1aba2ae66c9a1919b4ecc214316905b510059a53ddc4c97e07.

Full text

                                             S2982                                             CONGRESSIONAL RECORD — SENATE                                                          June 16, 2020
                                             to have in such a role. He graduated                    ringing endorsements of an impressive                         RECOGNITION OF THE MINORITY LEADER
                                             from Duke summa cum laude and then                      cross-section of American recreation                    The PRESIDING OFFICER.                 The
                                             from Harvard Law magna cum laude.                       and conservation advocates.                            Democratic leader is recognized.
                                             He clerked on the DC Circuit himself                       Take, for example, the letter the                          BOSTOCK V. CLAYTON COUNTY, GEORGIA
                                             for an impressive young judge named                     Democratic leader and I received from                    Mr. SCHUMER. Madam President,
                                             Brett Kavanaugh and then on the Su-                     the last six former Secretaries of the                 yesterday, the Supreme Court ruled
                                             preme Court.                                            Interior. Men and women who served                     that the Civil Rights Act of 1964 does,
                                               He has built a national reputation as                 under Presidents of both parties came                  in fact, prohibit employment discrimi-
                                             a leading academic scholar of the law.                  together to tell us that ‘‘the Great                   nation on the basis of sexual orienta-
                                             It is no wonder that even the ABA                       American Outdoors Act will help en-                    tion and gender identity. It was a land-
                                             rates him ‘‘well qualified.’’ He has                    sure a better, brighter future for na-                 mark decision that represents a step
                                             quickly made a name for himself as a                    ture and for all of us.’’                              forward—a big step forward—on the
                                             district judge.                                            Hundreds of advocacy organizations,                 long march to full equality for LGBTQ
                                               A few weeks ago, when the mayor of                    from the Sierra Club to the American                   Americans. We salute that decision.
                                             Louisville tried to cancel drive-in                     Sportfishing Association, also approve.                That is what the Supreme Court should
                                             Easter services with disparate restric-                 They say the bill ‘‘will ensure that our               be doing—moving us in a direction of
                                             tions that did not apply equally to                     parks and other public lands continue                  equality and fairness. All too often, it
                                             other parking lots, Judge Walker won                    to preserve our nation’s heritage and                  doesn’t these days. So this was a re-
                                             national attention for his eloquent de-                 recreation opportunities, and that                     freshing breath of fresh air from that
                                             fense of religious liberty. This subject                local communities and economies . . .                  Court.
                                             becomes more important by the day.                      will continue to flourish.’’                             The march, of course, is not over.
                                             The American people deserve to have                        It is not often that we are presented               Yesterday’s decision, welcomed as it is,
                                             strong respect for their First Amend-                   with the opportunity to take over-                     reminds us that, even today, even in
                                             ment rights, including their rights of                  whelmingly bipartisan action that will                 2020, we have so much work left to do
                                             religious exercise and conscience, on                   affect a monumental part of American                   to advance the cause of justice and
                                             one of our country’s highest courts. So                 life for so many years to come, and the                equality for all Americans. Only a few
                                             I look forward to continuing to detail                  opportunity in front of us this week                   days ago, our laws didn’t clearly estab-
                                             our Kentucky pride for Judge Walker                     comes thanks to the dedicated work of                  lish that you couldn’t be fired by your
                                             as this week unfolds, and I will take                   several of our colleagues.                             employer simply because of who you
                                             great pride in voting to advance his                       In particular, I would like to thank                are and whom you love. Yesterday’s de-
                                             nomination and to confirm him.                          Senator DAINES and Senator GARDNER                     cision is not the end of the fight. It was
                                                              f                                      once again for their extraordinary                     one step forward. If it is wrong to dis-
                                                                                                     leadership. I look forward to seeing                   criminate against people because of
                                              GREAT AMERICAN OUTDOORS ACT                                                                                   whom they love and because of who
                                                                                                     their efforts across the finish line, and
                                               Mr. MCCONNELL. Madam President,                       I urge all Members to join me in sup-                  they are and if it is wrong to discrimi-
                                             the Senate will first pass the Great                    porting this bill and securing our nat-                nate against people on the basis of sex-
                                             American Outdoors Act. It will be a big                 ural wonders for generations of Ameri-                 ual orientation and gender, isn’t it
                                             step in the history of our Nation’s pub-                cans yet to come.                                      wrong on the job? If it is wrong to dis-
                                             lic lands and great news for their fu-                                                                         criminate against people on the basis
                                                                                                                       f
                                             ture.                                                                                                          of sexual orientation and gender on
                                               This bill is the product of a lot of                    RESERVATION OF LEADER TIME                           employment, isn’t it wrong on hous-
                                             hard work by many of our colleagues                       The PRESIDING OFFICER. Under                         ing? Isn’t it wrong on so many other
                                             on both sides of the aisle. It has two                  the previous order, the leadership time                issues?
                                             clear purposes: It will restore access                  is reserved.                                             That is why we need the Equality Act
                                             and function to parks and facilities                                                                           to pass. The decision is certainly not
                                                                                                                       f
                                             that have been neglected, and it will                                                                          the end of the fight. Disparities and
                                             secure a stable flow of resources to sup-                    CONCLUSION OF MORNING                             discrimination on the basis of sexual
                                             port recreation and conservation well                                  BUSINESS                                orientation and gender identity still
                                             into the future.                                          The PRESIDING OFFICER. Morning                       exist in so many aspects of our lives—
                                               I have detailed in recent days just                   business is closed.                                    education, housing, credit, public
                                             how many Americans rely on our Na-                                        f                                    spaces, services, and in many other
                                             tion’s public lands—from the guides                                                                            ways. If it is wrong to discriminate
                                             and outfitters who cater to the boom-                             LEGISLATIVE SESSION                          against people because of their sexual
                                             ing outdoor recreation economy; to the                                                                         orientation and gender on jobs and em-
                                             hotel workers, restaurant owners, and                                                                          ployment, it is equally wrong in these
                                             gateway communities that welcome                          TAXPAYER FIRST ACT OF 2019—
                                                                                                                                                            other areas like housing and education.
                                             hundreds of millions of annual visitors;                                Resumed
                                                                                                                                                            We need to pass the Equality Act,
                                             to the researchers who study historic                     The PRESIDING OFFICER. Under                         which expands the prohibition of dis-
                                             sites and unique habitats; to the hunt-                 the previous order, the Senate will re-                crimination to many other needed
                                             ers, anglers, sportsmen, and American                   sume consideration of H.R. 1957, which                 areas.
                                             families who explore millions of acres                  the clerk will report.                                   Today, Senate Democrats will send a
                                             of open space.                                            The senior assistant legislative clerk               letter from our caucus to Leader
                                               It is clear that a bright economic fu-                read as follows:                                       MCCONNELL urging him to schedule the
                                             ture for America is intertwined with                      A bill (H.R. 1957) to amend the Internal             Equality Act for a vote on the floor.
                                             this precious resource, so backlogged                   Revenue Code of 1986 to modernize and im-              The House passed it a year ago. It has
                                             maintenance and delayed upkeep are a                    prove the Internal Revenue Service, and for            been languishing in MCCONNELL’s legis-
                                             real problem. Too often, tough budg-                    other purposes.                                        lative graveyard. I would say to my Re-
                                             etary choices have left important fa-                     Mr. MCCONNELL. Madam President,                      publican colleagues: If some of the
                                             cilities worn down and natural treas-                   I suggest the absence of a quorum.                     most conservative people around, like
                                             ures inaccessible. I am proud that this                   The PRESIDING OFFICER. The                           Justice Gorsuch and Justice Roberts,
                                             legislation before us will tackle these                 clerk will call the roll.                              can come to the conclusion that we
                                             critical missions, but you certainly                      The senior assistant legislative clerk               should stop discriminating, where are




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                                             don’t have to take my word for it; you                  proceeded to call the roll.                            you? The Senate Republicans only
                                             can look to the list of no fewer than 60                  Mr. SCHUMER. Madam President, I                      seem 30 years behind the times on this
                                             cosponsors on both sides of the aisle or                ask unanimous consent that the order                   issue for sure.
                                             to the 80 Senators who voted to ad-                     for the quorum call be rescinded.                        I urge the leader to put the Equality
                                             vance consideration of the bill last                      The PRESIDING OFFICER. Without                       Act on the floor now, and let’s extend
                                             week, or you could sample from the                      objection, it is so ordered.                           what the Supreme Court did in terms



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                                             June 16, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S2983
                                             of employment to so many needed                         Senate majority to propose anything                    ardy, and millions who want to see
                                             other areas. Wake up, my Republican                     related to COVID–19. Only a few weeks                  schools open will not get what they
                                             friends. The times, they are changing,                  ago, Leader MCCONNELL said that an-                    need? We must act now. When will Re-
                                             and discrimination against LGBTQ                        other coronavirus relief bill was likely               publicans in the Senate finally get the
                                             Americans should be over once and for                   during the June work period. Once                      message? We need to act.
                                             all and should be the law of the land in                again, in typical fashion of this Repub-                 I yield the floor.
                                             every aspect of our lives.                              lican majority, the deadline has                         The PRESIDING OFFICER. The ma-
                                                         JUSTICE IN POLICING ACT                     slipped, and now we have no time to                    jority whip.
                                               Madam President, now, on another                      consider another COVID bill before                       Mr. THUNE. Madam President, our
                                             issue where the Republican caucus                       July 4, and this will have very real con-              economy has taken a huge hit from the
                                             seems to be behind, since the killing of                sequences for the American economy.                    coronavirus, and we have a lot of work
                                             George Floyd sparked nationwide pro-                      Leader MCCONNELL is willing to blow                  to do to recover. There are encouraging
                                             tests, we have been pushing our col-                    through his own deadlines, but some                    signs, and one of those has been the
                                             leagues in the Senate to respond to our                 deadlines will arrive whether the Re-                  success of the Paycheck Protection
                                             national pain with collective action.                   publican leader likes it or not. Whether               Program.
                                             This is a moment in American history                    he likes it or not, his inaction is cre-                 The pandemic has presented a par-
                                             where a great mass of our people are                    ating some very steep cliffs for our                   ticular challenge for small businesses
                                             demanding change in the streets of our                  economy and for the American worker.                   that frequently have very limited cash
                                             largest cities and smallest towns. Now                  Funding for the very popular and bi-                   reserves to draw on. That is why,
                                             is the moment to reach for real, last-                  partisan Paycheck Protection Program                   thanks to the efforts of Senators
                                             ing, strong, comprehensive change. We                   will run out on June 30. State and local               RUBIO, COLLINS, and others, Congress
                                             cannot merely make some changes                         governments need to finalize their                     established the Paycheck Protection
                                             around the margins.                                     budgets by July 4, and many of them                    Program, which provides forgivable
                                               Democrats drafted and proposed com-                   will be forced to cut back on critical                 loans to small businesses to help them
                                             prehensive police reform legislation                    public services without public support.                keep employees on their payroll during
                                             last Monday, the Justice in Policing                                                                           this crisis.
                                                                                                     The moratorium on evictions that we
                                             Act, led by Senators Booker and Har-                                                                             So far, more than 4.5 million small
                                                                                                     passed in the CARES Act expires on
                                             ris. With 4 weeks to go in this current                                                                        businesses nationwide have received re-
                                                                                                     July 24. The emergency unemployment
                                             session, we have asked Leader MCCON-                                                                           lief from this program, and the major-
                                                                                                     insurance we passed in the CARES Act
                                             NELL to commit to a vote on the Jus-
                                                                                                     expires on July 31, and K–12 schools                   ity of the loans have gone to the small-
                                             tice in Policing Act before July 4. We                                                                         est businesses. Nearly 3 million of the
                                             didn’t say: ‘‘Do our bill immediately.’’                need over $150 billion and as much time
                                                                                                     as possible to safely reopen this fall.                4.5 million total loans have been at or
                                             We asked our Republican colleagues to
                                                                                                       So, Leader MCCONNELL and Repub-                      under $50,000. In my home State of
                                             commit to a debate on our bill before
                                                                                                     licans, there are at least five cliffs and             South Dakota, more than 21,000 busi-
                                             July 4—within the next 4 weeks—but so
                                                                                                     many more we face if we don’t act                      nesses have benefited, including some
                                             far we haven’t heard any indication
                                             from the Republican majority that we                    soon: the cliff of funding small busi-                 of the many seasonal businesses that
                                             will take up comprehensive police re-                   ness, the cliff of helping State and                   have a limited amount of time each
                                             form this month.                                        local governments, the cliff on evic-                  year to make the money that they
                                               Last night, a member of the Repub-                    tions, the cliff on unemployment insur-                need to survive.
                                             lican leadership said a bill was un-                    ance, and the cliff on the need for                      I am very grateful to the thousands
                                             likely before July 4. Of course, Leader                 schools to reopen in September.                        of bank and credit union employees
                                             MCCONNELL has also reportedly told his                    Today, Leader MCCONNELL and I re-                    around the Nation who processed these
                                             caucus that the Senate was unlikely to                  ceived a letter signed by over 100                     loans under challenging circumstances
                                             do another COVID relief bill until after                economists and scholars, including two                 during the pandemic. All told, millions
                                             July 4. When it comes to urgent na-                     former Chairs of the Federal Reserve,                  of small business jobs have been saved,
                                             tional priorities, the Republican ma-                   three former Chairs of the Council of                  and a lot of small businesses that
                                             jority is like a broken Magic 8–Ball                    Economic Advisers, and two Nobel lau-                  might have gone under during the pan-
                                             that keeps saying: ‘‘Ask again later.’’                 reates, urging Congress to pass another                demic are hanging on thanks to this
                                               Peaceful protests have continued for                  relief package commensurate with the                   program.
                                             3 weeks, and Republican Senators want                   $16 trillion hole in our economy caused                  In fact, the Paycheck Protection
                                             to wait another month, maybe even                       by COVID–19. At a minimum, these dis-                  Program is undoubtedly one of the
                                             longer, to consider reform on the floor                 tinguished economists wrote: The bill                  main reasons that the May jobs num-
                                             of the Senate? The popular anger over                   should include ‘‘continued support for                 bers were not as bad as expected. In-
                                             long-simmering issues of police bru-                    the unemployed, new assistance to                      stead of net job loss, the economy actu-
                                             tality and racial justice has reached a                 states and localities, investments in                  ally gained jobs.
                                             tipping point. There is no reason to                    programs that preserve employer-em-                      Now, that is not to suggest that the
                                             wait. There is no reason to delay. By                   ployee relationships, and additional aid               May jobs report was rosy. Our unem-
                                             delaying action, Senate Republicans                     to stabilize aggregate demand.’’                       ployment rate is unacceptably high, to
                                             are playing the same dangerous polit-                     It sounds a lot like the Heroes Act,                 put it mildly, but the fact that we
                                             ical games that they played after mass                  which passed the House of Representa-                  gained jobs is a positive sign. It is defi-
                                             shootings last summer.                                  tives, but, once again, it is sitting in               nitely a step in the right direction, and
                                               Why is it that, when it comes to con-                 Leader MCCONNELL’s legislative grave-                  the Paycheck Protection Program
                                             firming rightwing judges who want to                    yard. Economists from all walks of life                helped us get there.
                                             roll back the clock on healthcare and                   are telling Senate Republicans to get                    So far, Congress has provided $2.5
                                             on voting rights, Senate Republicans                    off the mat and do something to help                   trillion to respond to the coronavirus,
                                             always make time, but when it comes                     the economy before it is too late. Gov-                including the almost $700 billion allo-
                                             to making real changes to police de-                    ernors from both political parties are                 cated to the Paycheck Protection Pro-
                                             partments, Senate Republicans are al-                   pleading for aid. Even the Chair of the                gram. That is a staggering amount of
                                             ready making excuses? Democrats and                     Federal Reserve, Jay Powell, appointed                 money, equal to roughly half of the en-
                                             the American people who overwhelm-                      by President Trump, is sounding the                    tire Federal budget for 2020. These were
                                             ingly support real meaningful change                    alarm about the need for another emer-                 extraordinary circumstances and ex-
                                             and accountability in our Nation’s po-                  gency relief bill.                                     traordinary action was required.




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                                             lice departments will not rest until we                   When will Senate Republicans finally                   However, Democrats are now pushing
                                             achieve comprehensive and bold re-                      get the message? When will they under-                 for Congress to rush another massive
                                             form.                                                   stand that unless we do these things,                  bill out the door. It is important to re-
                                                               CORONAVIRUS                           the economy will decline in the future,                member that every dollar Congress has
                                               Madam President, of course, we are                    and that millions who are unemployed,                  provided to fight the coronavirus has
                                             also still waiting for the Republican                   millions whose businesses are in jeop-                 been borrowed money. Now, as I said, it



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                                             S2984                                             CONGRESSIONAL RECORD — SENATE                                                       June 16, 2020
                                             is money that we needed to borrow, but                    As we move forward, I will continue                    I hope Senator MCCONNELL will con-
                                             it is still borrowed money that will                    to work with my colleagues to respond                  sider giving them that helping hand—
                                             have to be repaid.                                      to the coronavirus, and I will continue                but not just in this area. There is also
                                               Will we need to provide more money                    to do everything I can to ensure that                  included in the bill that passed the
                                             to confront the pandemic and its ef-                    any additional money we spend is care-                 House of Representatives, the Heroes
                                             fects? Probably. But we need to make                    fully targeted to the real needs, with                 Act, an extension of COBRA benefits.
                                             sure that we are only appropriating                     an eye to minimizing the burden we are                   What is COBRA? If you are working
                                             what is really necessary. Rushing a $3                  putting on future generations. We owe                  for a company that provides health in-
                                             trillion bill through Congress, as                      younger Americans nothing less.                        surance, you pay part of the premium,
                                             Democrats want to do, before the $2.4                     I yield the floor.                                   and they pay the other part. If you lose
                                             trillion we have already provided has                     The PRESIDING OFFICER. The Sen-                      your job but want to continue that
                                             even been fully spent is not a respon-                  ator from Illinois.                                    health insurance plan, under COBRA
                                             sible way to go about providing addi-                     Mr. DURBIN. Mr. President, is there                  you can if you pay both sides, employer
                                             tional relief. What we need to focus on                 an urgent need for us to help America                  and employee, on the premium. The av-
                                             right now is monitoring the implemen-                   in this time of crisis? I think most peo-              erage cost is about $1,700 a month. It is
                                             tation of coronavirus funding so we can                 ple would agree there is. As a result,                 a pretty hefty sum for anyone who just
                                             identify where we have spent suffi-                     the House of Representatives more
                                                                                                                                                            lost their job.
                                             ciently and where we may need to do                     than 6 weeks ago passed legislation to                   Under the bill that passed the House
                                             more.                                                   continue to provide assistance to                      of Representatives, there would be 100
                                               The Paycheck Protection Program                       Americans who are in need. Certainly,                  percent coverage of the employer’s por-
                                             provides a good example of the strat-                   that would include those who are un-                   tion of the COBRA premium during the
                                             egy that we should be using. Congress                   employed. We created an unemploy-                      period of your unemployment. That is
                                             provided nearly $350 billion for the                    ment Federal benefit of $600 a week
                                                                                                                                                            a helping hand, which most workers
                                             Paycheck Protection Program when it                     over and above the State benefit, ex-
                                                                                                                                                            desperately need. I am sure they need
                                             was first created. Within a short time,                 panded eligibility and the time the
                                                                                                                                                            it in the State of Kentucky, just as we
                                             after the program’s kickoff, however, it                benefit would be awarded, and made it
                                                                                                                                                            do in the State of Illinois and all across
                                             became clear that demand was so great                   available across this country right at
                                                                                                                                                            the Nation.
                                             that we would need to provide addi-                     the moment when some 40 million                          There is a sense of urgency if you
                                             tional funding, and that is what we did.                Americans were announcing that they
                                                                                                                                                            don’t have health insurance, isn’t
                                             We provided an additional $310 billion                  had lost their jobs, were unemployed.
                                                                                                                                                            there? We are more conscious than ever
                                             in late April.                                          It was a helping hand that was long
                                                                                                                                                            about the need for good health insur-
                                               Then, just a couple of weeks ago, we                  overdue and certainly made a dif-
                                                                                                                                                            ance. I would hope that Senator
                                             passed another update to the pro-                       ference in the lives of many families.
                                                                                                       I think it is responsible for the fact               MCCONNELL would consider that when
                                             gram—not additional funding but a                                                                              he decides whether there is an urgent
                                             package of fixes to provide additional                  that we did see welcome news last
                                                                                                     week that some 2 million Americans                     need for us to pass the bill that was en-
                                             flexibility to small businesses.                                                                               acted by the House of Representatives.
                                               I have proposed a further refinement                  have gone back to work. I hope that
                                                                                                     trend continues, but in the meantime,                    In addition, there is a major portion
                                             to the program that I hope Congress
                                                                                                     of the 20 million who are unemployed,                  of the House bill that provides assist-
                                             will pass in the near future.
                                               While the Paycheck Protection Pro-                    this helping hand of $600 a week from                  ance to State and local governments.
                                             gram is open to self-employed work-                     the Federal Government is essential. It                We desperately need it across the Na-
                                             ers—which describes many farmers—in                     is not exactly a windfall when you cal-                tion. Hardly any State—county, major
                                             practice, the program’s guidelines have                 culate it. The Federal benefit, plus                   city, even cities of modest size—hasn’t
                                             excluded a lot of agricultural pro-                     State benefit really comes up close to                 seen the cost of government go up as
                                             ducers.                                                 the average wage of most Americans. It                 government revenues from sales tax,
                                               Low commodity prices and a chal-                      is not a major benefit that they can                   for example, have diminished and the
                                             lenging planting season meant that                      live off of for any long period of time—               cost of government related to the
                                             many farmers and ranchers had a nega-                   that is for sure—but it gets them                      COVID–19 crisis have increased.
                                             tive net income in 2019. And right now,                 through the crisis, we hope, in paying                   The helping hand to these State and
                                             the program’s guidelines exclude farm-                  their rent, their mortgage, utility bills,             local governments is consistent with
                                             ers or ranchers without employees with                  and providing food and clothing for                    what we did in the first bill, the
                                             a negative net income for last year.                    their family.                                          CARES Act, and is desperately needed.
                                               My legislation would allow more                         Here is the problem: If you want to                  What is the alternative? I know what it
                                             farmers to access the Paycheck Protec-                  know if there is some urgency involved                 is, and most everyone does as well:
                                             tion Program by allowing them to use                    in unemployment insurance, consider                    There will be dramatic layoffs of State
                                             their 2019 gross income instead of their                the fact that on July 31, the program I                and local employees if we don’t provide
                                             2019 net income when calculating their                  have just described disappears. Do you                 a helping hand from the Federal Gov-
                                             loan award. This is what we should be                   think unemployment will disappear on                   ernment. These employees include, of
                                             doing when it comes to additional                       July 31? We should be so lucky, but we                 course, teachers, medical personnel,
                                             coronavirus funding.                                    know better. It is going to take a while               law enforcement, and the like.
                                               The best way to make sure that we                     for us to get back on our feet as a na-                  If we want to make certain that we
                                             are spending taxpayer dollars wisely                    tion. We have to stand by those who                    maintain the basic protections of gov-
                                             and not burdening our economy with                      are unemployed in the meantime, until                  ernment at the State and local level,
                                             more debt is to carefully monitor the                   they can get back to work and provide                  then Senator MCCONNELL should con-
                                             implementation of the funds we have                     for their families.                                    sider supporting the bill that already
                                             already provided and use that informa-                    Unfortunately, the program we cre-                   passed the House of Representatives.
                                             tion to guide further action. That is                   ated ends July 31. Is there an urgent                    There is one major stumbling block
                                             what we have done with the Paycheck                     need to extend it in some form? I be-                  when it comes to this issue of Senator
                                             Protection Program, and that is what                    lieve that is obvious to virtually every-              MCCONNELL taking up any measure to
                                             we     should   do    with    the other                 one. I can’t understand why Senator                    help our economy from this point for-
                                             coronavirus funding we passed and the                   MCCONNELL, the Republican leader in                    ward. It was 6 weeks ago, in April,
                                             other coronavirus programs we imple-                    the Senate, doesn’t feel this sense of                 when Senator MCCONNELL announced
                                             mented.                                                 urgency in his home State of Ken-                      that he was drawing a redline that he




dlhill on DSK120RN23PROD with SENATE
                                               It is also important to remember                      tucky, as I do in my home State of Illi-               wouldn’t budge from, and that redline
                                             that sometimes what is required is not                  nois, right across the river. We have                  said that we had to provide immunity
                                             additional money but other types of so-                 common areas. Downstate Illinois and                   from liability for businesses and others
                                             lutions, like the fixes we passed that                  Kentucky are somewhat similar in                       before he would even consider addi-
                                             add more flexibility to the Paycheck                    their economies, and I know there are                  tional benefits for American businesses
                                             Protection Program.                                     people who need a helping hand.                        and families. We don’t know exactly



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                                             June 16, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S2985
                                             what the Senator had in mind. He an-                    fendant responsible for your injury? It                ney who spent a lot of time in the
                                             nounced on several occasions from the                   is a difficult thing to prove in many                  courtroom, you have a pretty strong
                                             floor here that he wanted to put this                   lawsuits and very difficult when it                    defense going for you—first, the issue
                                             immunity provision into any future                      comes to an invisible virus as to what                 of causation, and secondly, whether
                                             package, but as of today, we still                      circumstances or what individual                       you have done what is reasonable on
                                             haven’t seen it. We are still waiting.                  would be responsible for the fact that                 your part to protect people.
                                                One of his colleagues, Senator COR-                  you became infected and are filing this                  That is what it comes down to.
                                             NYN from Texas and my colleague on                      lawsuit. Causation is hard.                            Democrats and others argue that we
                                             the Senate Judiciary Committee, has                       Here is what it really gets down to: I               should hold businesses to a reasonable
                                             given several speeches on the subject.                  believe—and most people do—that if a                   standard of responsibility. We cer-
                                             There was one that he gave on May 19,                   business or an entity is really making                 tainly don’t encourage or defend frivo-
                                             which I would like to refer to because                  a reasonable, good-faith effort to pro-                lous lawsuits. But we don’t want bad
                                             it is perhaps his longest statement and                 tect employees and customers, that                     actors who are ignoring any reasonable
                                             the longest Republican statement on                     should be a defense to any lawsuit.                    standards or responsibility to get away
                                             just what they have in mind. Senator                    What would that consist of? We had a                   with murder. They should be held re-
                                             CORNYN said that there has been a wave                  hearing in the Senate Judiciary Com-                   sponsible, and they should be reliable
                                             of COVID–19-related lawsuits rolling in.                mittee 3 weeks ago. The star witness                   in terms of their own activity. That is
                                             He called it an avalanche of lawsuits.                  on the Republican side was a very im-                  what it comes down to.
                                             He went on to use other terms equally                   pressive individual who represented the                  Senator MCCONNELL is holding back
                                             cataclysmic. He called it a litigation                  convenience stores of America. He was                  assistance for State and local govern-
                                             epidemic, a tidal wave of lawsuits. He                  from the same State as Senator COR-                    ments, money for hospitals, money for
                                             went on to talk about those as creating                 NYN, the State of Texas. His name is                   the unemployed, because of the so-
                                             a need for us to provide some protec-                   Mr. Smartt. He came in and told the                    called redline when it comes to immu-
                                             tion against lawsuits.                                  story about many facilities that he had                nity. Listen, it is human nature. If you
                                                I decided to take a look at this ava-                which were providing goods and serv-                   say to businesses across the board
                                             lanche, this tidal wave that we heard                   ices to the people of Texas and how he                 ‘‘You are immune from lawsuits,’’ I am
                                             about so much from Senator MCCON-                       was making a good-faith effort to pro-                 afraid some people will take advantage
                                             NELL and Senator CORNYN. You see,                       tect those who work for him and those                  of that. They will not even try. And
                                             there is a law firm tracker service that                who did business in his establishment.                 people get sick as a result of it or
                                             takes a look at every lawsuit filed in                  He talked about plastic shields. He                    maybe worse. We don’t want that to
                                             America to see what they are all about.                 talked about hand sanitizers. He talked                happen in this country. We want people
                                             They have a category of lawsuits re-                    about spacing and distancing. It was                   to do the right thing—to protect them-
                                             lated to COVID–19, and they give reg-                   really clear from the start that this                  selves, their families, and to protect
                                             ular reports on how many lawsuits are                   CEO of this major Texas corporation                    others, and in business, to make sure
                                             filed.                                                  was doing his best to protect the people               they are protecting the public at large.
                                                Let’s take a look at the avalanche of                who came into his business and his                     If they live up to a certain standard, I
                                             lawsuits that have been filed as of yes-                workplace.                                             think they have a good defense to any
                                             terday. Remember, 2 million Ameri-                        I thought it was a good statement                    lawsuit.
                                             cans have been diagnosed with the                       when, on page 7 of his testimony—and                     But the so-called avalanche and tidal
                                             COVID–19 infection—2 million.                           I will refer you to it if you would like               wave of lawsuits—5 medical mal-
                                                Out of 2 million Americans with                      to look at the Senate Judiciary Com-                   practice lawsuits after 2 million Amer-
                                             COVID–19 infections and over 115,000                    mittee testimony—he said that his big-                 icans have been infected by COVID–19—
                                             deaths, as of yesterday, how many                       gest problem was he didn’t know what                   really tells the story.
                                             medical malpractice lawsuits do you                     standard he had to live up to, what was
                                                                                                                                                              I would encourage the Republicans to
                                             think have been filed based on COVID–                   the proper thing for him to do from a
                                                                                                                                                            finally produce and present to us the
                                             19 against healthcare workers, doctors,                 public health point of view. He didn’t
                                                                                                                                                            standard they want to make part of the
                                             nurses? How many across the whole                       know which way to turn. Was it the
                                                                                                                                                            law of the land. Let’s see what is in it.
                                             United States of America? Five. Five.                   Centers for Disease Control? Was it the
                                                                                                                                                            Let’s talk about it. And if you are will-
                                             Some avalanche.                                         Occupational Safety and Health Ad-
                                                                                                                                                            ing to establish reasonable standards
                                                How many lawsuits have been filed                    ministration? Was it the State of
                                                                                                                                                            based on public health to protect the
                                             by those who say that they are forced                   Texas? Was it some Federal agency? He
                                                                                                                                                            public at large, I want to be at the
                                             to work in unsafe working conditions                    was really begging us: Give me a stand-
                                                                                                                                                            table. We can find common ground. But
                                             because of COVID–19? In this tidal                      ard to live up to, and I will do my level
                                                                                                                                                            if you are saying ‘‘We want immunity
                                             wave, there have been 49 of those law-                  best to live up to it.
                                                                                                       I don’t think that is an unreasonable                for these businesses. We want to let
                                             suits filed—49 across the entire United
                                                                                                     position. I salute him. I would like to                them off the hook no matter what they
                                             States.
                                                By way of comparison, how many                       be, if necessary, in court defending                   do, even if they do nothing,’’ I am
                                             lawsuits have been filed involving                      him, saying: This is a man who is try-                 sorry, that is worth a fight. We have to
                                             COVID-related disputes between busi-                    ing his best in the business environ-                  make sure that people across America
                                             nesses and insurance companies? Six                     ment to be a responsible citizen, both                 have a reasonable expectation that
                                             hundred and thirty-one.                                 for his workers and for his customers,                 when they enter a business or go to
                                                Five hundred and sixteen lawsuits                    but he doesn’t have a standard to oper-                work, they are going to be in a safe en-
                                             have been filed by prisoners because of                 ate by.                                                vironment, and that the people who
                                             what they have alleged to be unsafe                       Why don’t we have this Federal                       employ them, the ones who want to do
                                             living conditions related to COVID–19                   standard? Well, you point the finger of                business with them, have lived up to
                                             and 194 lawsuits challenging govern-                    responsibility to the White House.                     that responsibility.
                                             ments’ stay-at-home orders across the                   President Trump and his administra-                      I yield the floor.
                                             board.                                                  tion have refused to come forward with                   I suggest the absence of a quorum.
                                                This doesn’t strike me as an ava-                    enforceable and inspectable standards                    The PRESIDING OFFICER. The
                                             lanche or a tidal wave or some spate of                 that we can use to take a look at those                clerk will call the roll.
                                             frivolous lawsuits being filed by work-                 who are trying to protect others from                    The senior assistant legislative clerk
                                             ers or customers. Part of the reason,                   public health exposures. Without that                  proceeded to call the roll.




dlhill on DSK120RN23PROD with SENATE
                                             you learn in your first year of law                     Federal standard, companies like that                    Mr. BOOKER. Madam President, I
                                             school. In tort law classes, one of the                 one in Texas really don’t know where                   ask unanimous consent that the order
                                             first things you are told is, before you                to turn. If OSHA came up with a stand-                 for the quorum call be rescinded.
                                             can recover in a lawsuit, you have to                   ard and said ‘‘This is what we expect in                 The PRESIDING OFFICER (Mrs.
                                             prove causation. What was it that                       the workplace’’ and you lived up to                    LOEFFLER). Without objection, it is so
                                             caused your injury? How is that de-                     that standard, I would say, as an attor-               ordered.



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                                             S2986                                             CONGRESSIONAL RECORD — SENATE                                                       June 16, 2020
                                                         JUSTICE IN POLICING ACT                     from accountability when they are vio-                 gether in a course of conviction to put
                                               Mr. BOOKER. Madam President, just                     lating the civil rights of another Amer-               a stop to this nightmare. Now is the
                                             over a week ago, Senator HARRIS and                     ican.                                                  time—no half measures, no half steps,
                                             myself, with the partnership and sup-                     We have a bill that calls for change                 no diluted attempts, no fainting to-
                                             port of many of the Democrats in the                    that will protect lives and address the                ward what should be done but not hav-
                                             Senate and our Senate leadership,                       practices that have killed Americans,                  ing the courage to boldly go in the di-
                                             CHUCK SCHUMER, along with colleagues                    create accountability and transparency                 rection that one day this bill will pass.
                                             in the House, our Congressional Black                   in departments, and make sure that no                  But I believe ‘‘one day’’ should be
                                             Caucus, and over 250 partners through-                  one in our country is above the law.                   today. Congress should act.
                                             out the two Chambers, introduced the                      This is not a time for half steps and                  I am so proud that I am not alone in
                                             Justice in Policing Act, a bill designed                half measures. It is not a time to nib-                this position. I am so proud that there
                                             to take concrete steps to bring long                    ble around the edges. It is not a time to              are others in this body who are joining
                                             overdue, long called for, much needed,                  find the lowest common denominator.                    with me, with the same sense of ur-
                                             real accountability and transparency                    It is not a time—when so many Ameri-                   gency to get broad-based reforms done.
                                             and oversight to policing in America.                   cans feel a metaphorical knee on the                     I see my colleague from Oregon, one
                                               We introduced the bill in the wake of                 neck of justice—for us to pull our knee                of the many champions for justice in
                                             the killing of George Floyd by law en-                  halfway off of that neck and call it                   this body. I am grateful now to yield to
                                             forcement officers in Minneapolis,                      progress. No, this is a time for us to do              him.
                                             along with what happened to Breonna                     what is right and necessary to end the                   The PRESIDING OFFICER. The Sen-
                                             Taylor in her home in Louisville, the                   kind of violence and murder and                        ator from Oregon is recognized.
                                             killings of other Americans, names                      unaccountability that we see and that                    Mr. MERKLEY. Madam President, I
                                             who are now known for the wretched,                     is too endemic in our Nation.                          am honored today to join Senator
                                             awful way in which they died: Eric                        This is the truth. The measures in                   BOOKER, Senator HARRIS, and so many
                                             Garner, Tamir Rice, Michael Brown,                      this bill will pass. Congress will one                 of my colleagues to work to take this
                                             and so many others. So many others                      day get this right. I am confident that                moment of national outcry and turn it
                                             whose names we do not know are all                      one day in this country the provisions                 into an opportunity, a moment of na-
                                             part of a system that does not reflect                  in the Justice in Policing Act will ban                tional action.
                                             our common values and does not re-                      religious and racial profiling. I am con-                For weeks now, in protests across our
                                             flect the highest ideals of this Nation.                fident that one day in this country we                 land, millions of fellow Americans have
                                             In fact, it is just the opposite. It re-                will ban choke holds. I am confident                   been rising up and speaking out to de-
                                             flects the darkness of our past and our                 that one day in this country we will                   mand justice, accountability, oppor-
                                                                                                     have a national registry of police mis-                tunity, and, above all, the equality
                                             present. It reflects racism and bigotry
                                                                                                     conduct, of police use of force. I am                  promised by our Founders 244 years
                                             and not equal justice under the law.
                                               We are at a point in American his-                    confident that one day no one who                      ago.
                                             tory that is at a crossroad, where mil-                 murders someone in broad daylight in                     This latest movement may have been
                                             lions of Americans in all 50 States are                 front of cameras will be shielded from                 sparked by the senseless killing of
                                             engaging in some type of action of pro-                 accountability on the Federal level, in                George Floyd, a Black man, at the
                                             test, whether it is on social media plat-               our civil courts, or in our criminal                   hands of public safety officers. One of-
                                                                                                     courts, by impossible standards to                     ficer, sworn to protect and defend him,
                                             forms or in the middle of a pandemic
                                                                                                     meet. It is clear that one day we shall                knelt on his neck for 9 minutes, extin-
                                             out in the streets. The question we
                                                                                                     overcome what is now injustice, that                   guishing his life. But this movement is
                                             have right now before us in this body is
                                                                                                     this body will do the right thing.                     about so much more. The pain and
                                             this: In the face of Americans of all                     There will be a time in America when
                                             backgrounds, races, religions, and par-                                                                        anger and the anguish that have burst
                                                                                                     mental health issues will be treated
                                             ties who are calling for reform, what                                                                          forth from the hearts of Black Ameri-
                                                                                                     with healthcare and not police and
                                             will this body do?                                                                                             cans everywhere run far deeper than a
                                                                                                     prisons. There will be a time in Amer-
                                               A lot of folks want to reduce the ap-                                                                        single tragedy. It is a pain born of an
                                                                                                     ica that addiction will be treated with
                                             proaches that are coming forward as a                                                                          endless string of tragedies, the sense-
                                                                                                     treatment and not police and prisons.
                                             Republican or Democratic approach. I                                                                           less killings of Breonna Taylor,
                                                                                                     There will be a time in America that
                                             am telling you right now that this is                   the fragile within our society will not                Ahmaud Arbery, Eric Garner, Tamir
                                             not a choice between one side of the                    be further hurt and harmed by prac-                    Rice, Sandra Bland, Freddie Gray, Mi-
                                             aisle or another. It is a choice between                tices and prisons but will be elevated                 chael Brown, Trayvon Martin, and
                                             meaningful reforms in this moment or                    and cared for. I know this time is com-                more—so many more Black men and
                                             making symbolic gestures that will do                   ing. But I believe that the time is now,               women who should be alive today—of
                                             nothing to save people’s lives. It is a                 that justice delayed is justice denied. If             Rayshard Brooks, shot in the back by a
                                             choice between action and inaction.                     we do not act and claim this moment,                   police officer, who died this past Fri-
                                               The bill we are proposing is not new.                 this time, then we, as a country, are                  day night. It is a pain borne even be-
                                             These are reforms that have been put                    going to find ourselves here again.                    fore we were yet a country, when more
                                             in place in some cities and in some                       In my short life, I have seen decades                than 400 years ago, traders kidnapped
                                             States. This is a real effort to hold po-               of this. I was born right after the                    Africans from their own lands, brought
                                             licing in America accountable for egre-                 Kerner report calling out these prac-                  them here to these shores—American
                                             gious behavior. It will create trans-                   tices and demanding reforms. In that                   shores—sold them, locked them into
                                             parency, as sunlight is the best dis-                   time, I watched Rodney King get beat-                  generations of brutal slavery, treated
                                             infectant to injustice. It will also bring              en and officers who did it be held unac-               not as people but as property, chained,
                                             about an end to policies and practices                  countable for their actions. This cycle                sold, whipped, raped, treated as some-
                                             that should be ended in our country.                    is continuing in our country every day.                thing less than human.
                                             They have been called for by President                    There are so many cases that we                        Our Nation has never come to terms
                                             Bush in his first address to Congress                   don’t see because we don’t have trans-                 with this legacy. There is no memorial
                                             for an end to racial and religious                      parency. They explode into the na-                     on the National Mall. There is no
                                             profiling.                                              tional consciousness when someone                      Truth and Reconciliation Commission.
                                               We see, in fact, as to some of the                    catches on videotape what we know is                   So, still today, America’s gaping
                                             more, so-called, controversial elements                 wrong but we have not taken the meas-                  wound of racism bleeds pain and injus-
                                             of this bill, like qualified immunity,                  ures to stop it. Now is the time that we               tice, and inequality continues to




dlhill on DSK120RN23PROD with SENATE
                                             that conservatives and Democrats on                     must act and not find ourselves here a                 plague every system in our country.
                                             both sides of the aisle—folks from the                  month from now, a year from now, 3                       Too many Black men and women
                                             Cato Institute, Clarence Thomas, and                    years from now, watching this awful                    have lost their livelihoods, their lives,
                                             you see conservative organization after                 cycle play over and over.                              and their dignity to a justice system
                                             conservative organization—say the ob-                     Listen to the American people—all 50                 rigged against them: racial profiling,
                                             vious, that no one should be shielded                   States, all backgrounds—joining to-                    mandatory minimums, stop and frisk,



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                                             June 16, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S2987
                                             acts of racial profiling, and racially                    That is why I am standing on the                     this country since its birth; no more
                                             driven predatory actions.                               floor in support of this act, because in-              educational      content     that     also
                                               We entrust to our public safety offi-                 action is not acceptable. Let the same                 downplays the contributions of African
                                             cers vast power to serve their commu-                   not be said about this moment years                    Americans, Indians, Latinos, and oth-
                                             nities, but have we ensured that their                  from now.                                              ers to our Nation; no more veneration
                                             vast power is exercised equally on be-                    Today is a moment for a day of ac-                   of the Confederacy in Richmond, in
                                             half of all citizens? We have not.                      tion, for greater investments in afford-               Virginia, or anywhere else in the
                                               Too often, forces—public safety                       able housing and decent communities                    United States.
                                             forces, police forces—treat White citi-                 and in schools and teachers in minority                   This gathering, this rally, had a lot
                                             zens as clients and Black citizens as a                 communities, for greater investments                   of police there. The police were there
                                             threat. That is systemic racism, and it                 in Black business owners and early                     trying to keep the crowd from spilling
                                             must change. It is why I am so proud to                 education programs like Head Start. It                 from the plaza onto the busy Broad
                                             stand here in support of Senator BOOK-                  is a time to ensure that every Amer-                   Street, where they would have been en-
                                             ER’s and Senator HARRIS’s sweeping                      ican truly has a right to vote and is                  dangered by passing vehicles. Some of
                                             Justice in Policing Act reform bill. We                 free from voter suppression and voter                  the attendees of the rally advocated to
                                             need to hold officers accountable for                   intimidation.                                          defund the police, but others disagreed.
                                             their actions. We need to change the                      This Friday, our Nation will, once                   Some asserted ‘‘all cops are bad,’’ but
                                             culture of policing in America, and this                again,     recognize    and      celebrate             others disagreed. The rally was robust,
                                             legislation is the right law at the right               Juneteenth, the day when slavery offi-                 it was raw, it was diverse, and it was
                                             moment to begin to do that.                             cially ended in this country 155 years                 respectful. It was the epitome—the ab-
                                               No one should ever be profiled based                  ago. Let this Juneteenth stand as a day                solute epitome—of peacefully assem-
                                             on the color of their skin. Choke holds,                for all of us to reflect on the calls for              bling to petition government for re-
                                             like the one that killed Eric Garner,                   justice crying out across our land. Now                dress of grievances contemplated by
                                             must be a thing of the past. No-knock                   is a time to be agents of change—yes,                  the First Amendment.
                                             warrants, like the one that ended with                  to listen to the voices of the people, to                 Just as my young activists urged in
                                             Breonna Taylor being shot to death in                   join with those who have taken to the                  many different ways to end politics as
                                             her bed, should no longer exist. Under                                                                         usual, I desperately want to end apathy
                                                                                                     streets, enduring rubber bullets and
                                             the Justice in Policing Act, these will                                                                        as usual. Apathy of the citizenry is a
                                                                                                     the batons and the tear gas, to stand
                                             be gone.
                                                                                                     up for what is right. Now is a moment                  chief guarantor of politics as usual. In
                                               When a public safety officer misuses
                                                                                                     to stand shoulder to shoulder with our                 the tremendous energy demonstrated
                                             the immense power of his or her badge,
                                             that misuse must be investigated, must                  fellow Americans who have had enough                   by these Richmonders and dem-
                                             be documented, must be penalized, and                   of the suffering of inequality and of in-              onstrated on the streets of commu-
                                             the record of that abuse must be pub-                   justice, so together we can help our Na-               nities all over this country, I am start-
                                             lic. That is the essence of account-                    tion live up to the ideal of a land where              ing to be hopeful about the end of apa-
                                             ability that goes hand in hand with the                 everyone, no matter the color of their                 thy as usual. These young people, they
                                             responsibility and the power that goes                  skin, is treated with the dignity and                  want action and results, and they de-
                                             with wearing the badge.                                 the respect and the opportunity and                    serve it. That is why I am proud to join
                                               Never again should an officer who                     the equality equal to all others.                      Senators BOOKER, HARRIS, and many
                                             has been fired for abusing their power                    The PRESIDING OFFICER. The Sen-                      others in supporting the Justice in Po-
                                             be able to go down the road and be                      ator from Virginia is recognized.                      licing Act of 2020.
                                             hired by another department and be                        Mr. KAINE. Madam President, on                          We need to ban choke holds. We need
                                             able to continue abusive practices in a                 Saturday, I attended a rally for justice               to ban no-knock warrants. We need to
                                             new setting. That is why I have advo-                   sponsored by two young women—one, a                    ban racial and religious profiling. We
                                             cated for a national database of police                 high-schooler and one a middle-                        need to hold police officers and police
                                             misconduct, to achieve this outcome.                    schooler—in my hometown. The rally                     departments accountable for violent,
                                             And it is why I am so pleased that Sen-                 was one of numerous marches and ral-                   reckless behavior. We need to promote
                                             ator BOOKER has included such a data-                   lies that have occurred every day,                     better training and professional ac-
                                             base in the Justice in Policing Act.                    sometimes multiple times a day, in                     creditation of police departments. Why
                                               In 1968, the Kerner Commission,                       Richmond in the weeks after the hor-                   do we demand that universities main-
                                             which was examining the source of the                   rific public murder of George Floyd.                   tain accreditation to receive Federal
                                             demonstrations the year before con-                       Hundreds of people gathered in the                   funds but make no such demand of law
                                             cluded: ‘‘Bad policing practices, a                     Maggie L. Walker Plaza, a plaza named                  enforcement agencies?
                                             flawed justice system, unscrupulous                     after a pioneering African-American                       We need to do much more within the
                                             consumer credit practices, poor or in-                  woman, a business and civil rights                     criminal justice system—but also with-
                                             adequate housing, high unemployment,                    leader.                                                in all of our systems—to dismantle the
                                             voter suppression, and other culturally                   They gathered in the plaza to hear                   structures of racism that our Federal,
                                             embedded forms of racial discrimina-                    from our city’s young people. Many                     State, and local governments carefully
                                             tion all converged to propel violent up-                raised their hands when they were                      erected and maintained over centuries.
                                             heaval on the streets of African-Amer-                  asked if they were graduates of this                      We know a little bit about this in
                                             ican neighborhoods in Americans cit-                    class of 2020, a class whose senior year               Virginia. The first African Americans
                                             ies, north and south, east and west.’’                  was upended in mid-March and who                       to the English Colonies came to Point
                                             Doesn’t that sound familiar—all too fa-                 face a future that, frankly, seems very,               Comfort, VA, in 1619. They were slaves.
                                             miliar—here, 52 years later, half a cen-                very frightening to many of them.                      They had been captured against their
                                             tury later?                                               I attended to listen. I used to be the               will, but they landed in Colonies that
                                               One person testifying at the Commis-                  mayor and Governor—now a Senator—                      didn’t have slavery. There were no laws
                                             sion said: I read the report of the 1919                but I attended as a neighbor to listen.                about slavery in the Colonies at that
                                             riot in Chicago, and it is as if I were                 I wasn’t on the program, and I didn’t                  time.
                                             reading the investigative report on the                 ask to speak. I wanted to hear how our                    The United States didn’t inherit slav-
                                             Harlem riot of 1935, the reporting of                   young people view this moment in time                  ery from anybody. We created it. It got
                                             the investigating committee of the riot                 and what they are asking of us.                        created by the Virginia General Assem-
                                             of 1943, the report of the McCone Com-                    What I heard in many different ways,                 bly and the legislatures of other
                                             mission on the Watts riot. I must say                   from speeches and artistic perform-                    States. It got created by the court sys-




dlhill on DSK120RN23PROD with SENATE
                                             in candor to members of this Commis-                    ances, was no more politics as usual;                  tems in Colonial America in the sense
                                             sion, it is a kind of ‘‘Alice in Wonder-                no more police killings of people of                   that it enforced fugitive slave laws.
                                             land,’’ with the same moving picture                    color; no more empty promises of re-                      We created it. We created it and
                                             shown over and over again, the same                     form after each new policing outrage;                  maintained it over centuries. In my
                                             analysis, the same recommendations,                     no more education system that                          lifetime, we have finally stopped some
                                             and the same inaction.                                  downplays the reality of injustice in                  of those practices, but we have never



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                                             S2988                                             CONGRESSIONAL RECORD — SENATE                                                         June 16, 2020
                                             gone back to undo it. Stopping racist                   cases, the police presence in the com-                 Through policy, training, and practice, law
                                             practices at year 350 of 400 years but                  munity provoked the violence and                       enforcement agencies can work to prevent
                                             then taking no effort to dismantle                      added to the harm of the people in the                 and hold officers accountable for discrimina-
                                                                                                                                                            tory policing, and reduce and mitigate its
                                             them is not the same as truly com-                      community.
                                                                                                                                                            disparate impact on marginal communities.
                                             bating racism.                                            I wanted to take this opportunity to
                                               I am mindful of the challenge laid                    thank Senator BOOKER and Senator                         I want to thank her for her testi-
                                             down by our young people: no more                       HARRIS for putting together a bill that                mony, and I want to thank Senator
                                             politics as usual.                                      we need to take up on the floor of the                 BOOKER for including those provisions
                                               It is one thing to introduce a bill. We               Senate as quickly as possible: the Jus-                that would end this practice in the Jus-
                                             do that all the time here. So often the                 tice in Policing Act. It contains many                 tice in Policing Act.
                                             introduction of the bill is all that oc-                provisions that, quite frankly, should                   There is a second bill that I have in-
                                             curs—no committee hearing, no com-                      have been enacted well before now.                     troduced for several Congresses: the
                                             mittee markup, no committee vote, no                      The tragic deaths of George Floyd                    Law Enforcement Trust and Integrity
                                             floor debate, no floor vote, no signa-                  and Rayshard Brooks just underscore                    Act. It provides for performance-based
                                             ture by a President—merely words on a                   the importance for us to act now. We                   standards for police officers. It em-
                                             page and a 1-day story and then, pos-                   need to debate these issues, and we                    braces accreditation standards based
                                             sibly, a blame game about who was at                    need to pass legislation.                              upon President Obama’s Task Force on
                                             fault for nothing happening.                              I am grateful for Senator BOOKER in-                 21st Century Policing. It does provide
                                               That has been my biggest disappoint-                  cluding two provisions that I had filed                for training and oversight and proper
                                             ment in 71⁄2 years in the Senate. Unlike                as legislation in several Congresses.                  investigations for those police officers
                                             my service at the State and local lev-                  One is the End Racial and Religious                    who have crossed the line. It enhanced
                                             els, where we took action and then en-                  Profiling Act, a bill I filed a while ago.             the pattern-and-practice discrimina-
                                             gaged in healthy competition about                        I think many of us remember the                      tion cases so that consent decrees can
                                             who should get credit, in Congress, it is               Trayvon Martin tragic loss, profiled be-               be effective in ending these wrong
                                             too often a story of inaction and then                  cause of the color of his skin. Racial or              practices.
                                             an unproductive competition over who                    religious profiling targets a class of                   I am pleased that these two provi-
                                             should be blamed for nothing getting                    Americans for discriminatory treat-                    sions are included in the Justice in Po-
                                             done: politics as usual.                                ment. It is not when you have indi-                    licing Act, as well as so many other
                                               I pray that the engaged activism of                   vidual information about a specific                    important changes for reform and ac-
                                             our citizens has brought us to a new                    crime and indicators; it is when you                   countability in law enforcement: the
                                             moment that will compel us to act in                    target a community for special treat-                  no-knock warrants, the standard that
                                             ways, large and small, in accord with                   ment.                                                  we hold officers accountable who have
                                             the equality ideal that we profess to                     It is wrong. It is wrong because it is               lost the trust of the American people,
                                             believe.                                                against the values of America of equal-                the registry so that law enforcement
                                               This bill is a test of our resolve, and               ity and justice. It is wrong because it                can know by background checks
                                             I urge my colleagues to meet the mo-                    wastes resources which are so valuable                 whether particular applicants have
                                             ment so that we can look our young                      to keep our communities safe. It is                    been involved in instances in other ju-
                                             people in their faces and tell them that                wrong because it turns communities                     risdictions.
                                             we truly heard them.                                    against police. If we are going to have                  All these are very, very important
                                               I yield the floor.                                    effective law enforcement, the commu-                  provisions that we need to act on and
                                               The PRESIDING OFFICER. The Sen-                       nity and police need to work together,                 we need to act on now. Let us work to-
                                             ator from Maryland.                                     not at odds. It is wrong because it be-                gether to guarantee equal justice under
                                               Mr. CARDIN. Madam President, it                       comes deadly. Too many innocent peo-                   law and fulfill the promise of our Con-
                                             was 2015, shortly after the death of                    ple have lost their lives because of dis-              stitution in order to form a more per-
                                             Freddie Gray in police custody in Bal-                  criminatory profiling. It is time for                  fect union, establish justice, and en-
                                             timore, that I was in Sand Town, the                    this practice to end in America.                       sure domestic tranquility.
                                             community in which Freddie Gray                           I want to applaud the Obama admin-                     Let this Nation finally guarantee
                                             grew up, meeting with community                         istration because they took action at                  equal justice under the law.
                                             leaders, many of whom I had known for                   the Federal law enforcement level to                     I yield the floor.
                                             many, many years.                                       make racial profiling illegal, but it                    Mr. BOOKER. Madam President, be-
                                               We had an honest discussion about                     still takes place in local law enforce-                fore the good Senator from Illinois
                                             how policing in Baltimore had un-                       ment. The legislation included in the                  speaks, I just want to, if I may, express
                                             folded. I was surprised to hear that                    Justice in Policing Act would make                     my gratitude to the two colleagues
                                             these community leaders who wanted                      that illegal. It would prohibit it, and it             who just spoke. The Senator from Vir-
                                             safety in their community felt that                     provides for ways to enforce, to make                  ginia, who has been a champion on
                                             they could not confide with the police                  sure that police departments comply                    these issues when he was a Governor
                                             because they did not want people from                   with it.                                               and now as a U.S. Senator, has been in
                                             their communities subjected to the dis-                   It also provides for training so law                 the Senate much longer than I have. I
                                             criminatory policing of the Baltimore                   enforcement understands what racial                    have a lot of love for the history that
                                             City police force.                                      profiling is all about. It also provides               he knows of his own State and the fact
                                               I had another meeting during that                     for us to get the data so we know ex-                  that he knows that that history of in-
                                             time with a group of African-American                   actly what is happening at all levels of               justice has to be confronted.
                                             families. Everyone told me the story                    policing, whether State, local, or auxil-                My mom did sit-in events in Char-
                                             about how they feared particularly                      iary.                                                  lottesville, VA, when she lived in DC,
                                             when their young African-American                         The Leadership Conference on Civil                   where I was born, and she went out to
                                             sons went into the community because                    and Human Rights testified on the                      help integrate lunch counters in his
                                             of the fear that they would be discrimi-                issue of discriminatory profiling last                 great State. The fact that he is on this
                                             nated against and hurt by the police.                   week, and I want to share some of the                  bill and he is a leader on these issues is
                                             That fear was real.                                     testimony of Vanita Gupta. She testi-                  extraordinary to me at this important
                                               As a result of the Freddie Gray trag-                 fied:                                                  time—and doing it in such a unifying
                                             edy, we requested a pattern-and-prac-                     The equal treatment of all people, regard-           way. I am grateful for that.
                                             tice investigation by the Department                    less of background, class, or characteristic,            I wanted to just say to the Senator




dlhill on DSK120RN23PROD with SENATE
                                             of Justice, and what was discovered                     protects and preserves public safety and               from Maryland, I am newer to the Sen-
                                                                                                     builds legitimacy in police. Discriminatory
                                             during that investigation was that the                                                                         ate, and he has components of his bill
                                                                                                     policing, which targets people of color more
                                             policies of the Baltimore City Police                   often than others, has serious consequences            that, after challenges in Baltimore
                                             Department’s zero tolerance to crack                    not only for individuals and communities               with Freddie Gray, he helped to lead
                                             down on crime were used to profile the                  but also for law enforcement and society, by           and write. It is not a partisan thing
                                             African-American community. In many                     fostering distrust in law enforcement. . . .           that he is calling for. There have been



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                                             June 16, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S2989
                                             many Republicans who have come out                      expense of many people and their fami-                   What we are talking about now with
                                             and say this idea that you will profile                 lies and their lives. So 10 years ago, I               Justice in Policing is so obvious to the
                                             people because of their race or religion                started out to try to change it. The 100-              world. What has brought us to this
                                             is anathema to the very ideals of the                   to-1 standard, in my mind, was indefen-                point of this debate? I think two things
                                             Constitution. It is so obvious on its                   sible. It didn’t work, No. 1. No. 2, there             have brought us here, and maybe we
                                             face.                                                   was no scientific evidence that crack                  didn’t see it coming: videotapes and
                                               I have seen polling where upwards of                  cocaine was that much more dangerous                   DNA. That is what brought us here. It
                                             90 percent of Republicans agree that we                 than powder cocaine.                                   is no longer speculation as to what
                                             should not have people profiled based                     So I set out to make it 1 to 1, where                happened in a parking lot. It is no
                                             upon their race or religion, and that is                it should be. I ran into an adversary by               longer conjecture as to what happened
                                             one of the ideals of this bill, if you look             the name of Senator Sessions from Ala-                 at the side of a curb in Minneapolis. We
                                             at the common views of this; yet he                     bama. He didn’t like the idea very                     see it. We see it, and we can’t get the
                                             has been fighting for this for years. I                 much of my change. After long nego-                    images out of our mind.
                                             am grateful to have him as a part of it.                tiations, we agreed to drop the stand-                   A knee on the neck for 8 minutes 46
                                               I just want to say, as an introduc-                   ard to 18 to 1. I can’t tell you the wis-              seconds. Just in case that sounds like a
                                             tion, on the Senate floor and for the                   dom behind the number 18, but it was a                 short period of time, try kneeling, as
                                             record, to Senator DURBIN, who has                      compromised number.                                    Senator KAINE did in our moment of si-
                                             been a partner of mine on criminal jus-                   It changed a lot of things. Thousands                lence in the auditorium just a few
                                             tice reform: This whole system of po-                   of people in prison were able to leave                 weeks ago. Try imagining someone’s
                                             licing and prisons and jails which has                  early, and many had their sentences re-                knee on your neck for 8 minutes 46 sec-
                                             swept up millions of Americans and                      duced. But it wasn’t enough. We needed                 onds. George Floyd lost his life in that
                                             their families and their children is des-               to go further. It was clear, when it                   period of time.
                                             picable, that we are the land of the free               came to mandatory minimums and                           I think the image that sticks with
                                             and incarcerate so many people.                         ‘‘Three Strikes, You’re Out’’ and all of               me is not only that man on the ground
                                               His work on crack cocaine/powder co-                  the things that led to imprisonments—                  begging for his life but the image of the
                                             caine disparities before I even came to                 which were almost impossible to de-                    policeman who was being implored and
                                             the Senate has helped to lead to the                    scribe—we needed another bill.                         begged by all the people around: Take
                                             liberation of so many African Ameri-                      I joined with Senator MIKE LEE, a                    your knee off. Let him breathe. And he
                                             cans, so I am grateful that he, too, is                 very conservative Republican in the                    just looked with those cold, hard eyes
                                             on this bill.                                           Senate, and we moved forward with the                  as he took the life out of that man.
                                               With that, I yield to the Senator                     legislation. Others joined us as well,                 That image is something I will carry
                                             from Illinois.                                          but we were stopped by one man who
                                                                                                                                                            for the rest of my service in life, as are
                                               The PRESIDING OFFICER. The                            happened to be the chairman of the
                                                                                                                                                            the images from the Wendy’s parking
                                             Democratic whip is recognized.                          Senate Judiciary Committee, CHUCK
                                                                                                                                                            lot in Atlanta, GA.
                                               Mr. DURBIN. Madam President, I                        GRASSLEY. Senator GRASSLEY said: I                       All of these things have brought us to
                                             thank the Senator from New Jersey.                      don’t like this bill.                                  the moment where we realize some-
                                               During the course of one of his polit-                  He came to the floor many times and
                                                                                                                                                            thing must be done.
                                                                                                     gave speeches against the bill. So it be-
                                             ical campaigns, Abraham Lincoln’s op-                                                                            I listened, Senator KAINE, when he
                                                                                                     came obvious to me, if anything was
                                             ponent said to him: You have switched                                                                          talked about the rally he attended in
                                                                                                     going to happen, I needed to win over
                                             your position. You have reversed your                                                                          Richmond over the weekend. What a
                                                                                                     CHUCK GRASSLEY. So I sat down with
                                             position on an issue. You have changed                                                                         coincidence that he would talk about
                                                                                                     him and—literally for 1 whole year—
                                             on an issue.                                                                                                   the young people who organized it. In
                                                                                                     negotiated changes in the bill, things
                                               Abraham Lincoln said: It is true. You                                                                        my home State, I have been to several
                                                                                                     that I didn’t want to give up but were
                                             see, I would rather be right some of the                                                                       rallies in the city of Chicago held by
                                                                                                     part of the process to move us forward.
                                             time than wrong all of the time.                          We came up with the FIRST STEP                       leaders in the community, religious
                                               Well, I learned that lesson, as many                  Act, and he, proudly, was the lead                     and otherwise, but the meetings that I
                                             of us have who have served in Congress,                 sponsor on it, and I was his cosponsor—                attended that had the most impact on
                                             when you vote for a measure and,                        happy to be. Then we found an ally in                  me have been organized by high school
                                             many years later, have to reflect on                    the White House, Jared Kushner, who                    students.
                                             whether it was the right vote. I voted                  is open about the fact that his father                   In my hometown of Springfield,
                                             for something called the War on Drugs.                  spent time in prison and who believed                  Nykeyla Henderson is a junior in high
                                             It seemed like a sensible thing to do,                  in reform.                                             school. She is a tall young woman,
                                             and many joined me: Black and White                       We put together the FIRST STEP                       kind of rangy, and doesn’t look like the
                                             Members of the House of Representa-                     Act. One of the first people I went to                 type of person who would ever speak up
                                             tives. It was after the death of Len                    was CORY BOOKER, then a new Senator                    for anything. But she and her twin sis-
                                             Bias, the Maryland basketball star who                  from New Jersey, and said: I want you                  ter, Nykia, decided to put together a
                                             overdosed.                                              to support this bill. Read it, and tell                rally at the State capitol 2 weeks ago
                                               In the moment of panic over crack                     me if you can.                                         in Springfield. Fifteen hundred people
                                             cocaine, we did something which was                       He came back to me with several pro-                 showed up. No windows were broken.
                                             going to just make a very clear public                  posals. One of them was the incarcer-                  No curses were thrown around. Nobody
                                             statement. The penalty for crack co-                    ation of juveniles that you wanted to                  was throwing anything. They made it
                                             caine was going to be 100 times the                     make sure would be changed in Amer-                    clear that it was going to be a peaceful
                                             penalty for powder cocaine—100 times.                   ica—and several other worthy sugges-                   rally and all about Black Lives Matter.
                                             We were going to let America know:                      tions we incorporated in the bill. And                   I told her later that it is an amazing
                                             Don’t mess with crack cocaine.                          he became part of the team. The team                   achievement at her stage in life that
                                               What a colossal failure it turned out                 was ultimately successful when, to the                 she were able to do this. How unusual
                                             to be. The price of crack cocaine on the                surprise of everyone in Washington,                    it was that a young woman—a young
                                             street went down instead of up; the                     President Trump signed the FIRST                       African-American      woman—took        on
                                             number of users on the street went up                   STEP Act into law.                                     this role of leadership with others.
                                             instead of down; and we filled the pris-                  So those who are skeptical that what                   This last Sunday, I went to
                                             ons of America, over the next 10 years,                 we are about here cannot result in leg-                Jerseyville, IL. I was telling Senator
                                             to a level we had never seen before, pri-               islation have ignored the obvious—                     BOOKER about this. I don’t know if




dlhill on DSK120RN23PROD with SENATE
                                             marily with African Americans who                       something that occurred in the last                    there are many, if any, Black families
                                             had been convicted of possessing and                    year or two with this White House,                     in Jersey County. I represented this
                                             selling crack cocaine.                                  with this President, and with a Repub-                 area for a long time, and I don’t re-
                                               I realized, as I am sure many others                  lican majority in the Senate. We did                   member any. They had a rally on the
                                             did too, that it was a big mistake. It                  something significant, and we can do it                lawn next to the courthouse at 4 p.m.,
                                             was an experiment that failed at the                    again, and we should.                                  Sunday afternoon. I went down there



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                                             S2990                                             CONGRESSIONAL RECORD — SENATE                                                       June 16, 2020
                                             because of another African-American                     never be stopped at the door. I am                     training, and in the review of perform-
                                             high school young woman named                           White. This young woman was Black.                     ance of all those who are serving in law
                                             Lay’Lhany Davis. Lay’Lhany goes to                        Time and again, the stories they told                enforcement.
                                             high school about 20 miles away in                      reminded me that the issue of racism is                  We need to do so much more. I am
                                             Alden. She called for a Black Lives                     one we have faced in this country, as                  sure there is much more to be said. I
                                             Matter rally in Jersey and asked if I                   you said, for over 400 years—when slav-                want to thank my colleagues, Senators
                                             would come. I said I wouldn’t miss it.                  ery came to our shores, before we were                 BOOKER and HARRIS, for bringing us to
                                             She had done the same thing in                          known as the United States of Amer-                    this moment. This is our moment.
                                             Edwardsville, another small town.                       ica, to this day. The greed and racism                   I beg TIM SCOTT, whom I dearly love
                                             They had a rally, and when they start-                  behind slavery still challenge us to this              as a colleague and a person, to join us
                                             ed cruising with banners supporting po-                 moment.                                                in a bipartisan effort to do something
                                             litical candidates and all the derision                   Can we come up with an approach                      historic at this moment.
                                             they were throwing at her, she said to                  that is sensible? I hope we can. When                    Don’t believe we can’t do it. Believe
                                             these people: We are not going to be                    you look at the history of Reconstruc-                 we can do the right thing that will
                                             like that. We are not going to do that.                 tion, the Black codes, Jim Crow, the                   stand the test of time.
                                             This is going to be peaceful.                           Great Migration, and everything that                     I yield the floor.
                                               I respect her very much for it.                       followed, you realize that we are still                  The PRESIDING OFFICER. The Sen-
                                               Here are these two 16-, 17-year-old                   in the midst of this debate. We are as                 ator from Maryland.
                                             young African-American women who                                                                                 Mr. VAN HOLLEN. Madam Presi-
                                                                                                     drawn to it as any moment in Amer-
                                             are true leaders and inspiring in their                                                                        dent, I want to begin where my col-
                                                                                                     ican history, and we have to face it and
                                             humility. They are not looking for a                                                                           league, the Senator from Illinois, left
                                                                                                     face it squarely and honestly. I think
                                             headline. They wouldn’t know what to                                                                           off, which is thanking Senator BOOKER,
                                                                                                     we can, and I think we must.                           the Senator from New Jersey, Senator
                                             do with it. They are wide-eyed at the                     Let me say one word about the anti-
                                             number of people who are showing up.                                                                           HARRIS, CBC, and the people protesting
                                                                                                     lynching law. I read about the history
                                             The people who show up, by and large,                                                                          around this country for bringing us to
                                                                                                     of the anti-lynching law in the U.S.
                                             are young people. White, Black, Brown                                                                          this floor at this moment to demand
                                                                                                     Congress. I am sure Senator BOOKER
                                             people come there begging for freedom                                                                          urgent change.
                                                                                                     knows it well. A Congressman from                        I am pleased to be joined by my col-
                                             and liberty and hoping that we can do                   Missouri, Leonitis Dyer, was not Afri-
                                             something in Washington. And why                                                                               league from the State of Maryland,
                                                                                                     can American. He was a White Con-                      Senator CARDIN, from across the Poto-
                                             shouldn’t we? The reason we ran for                     gressman, a veteran of World War I, an
                                             these offices is to address the issues of                                                                      mac River, Senator KAINE, and, of
                                                                                                     attorney from St. Louis, and a former                  course, Senator DURBIN from Illinois.
                                             the day in our time, to take on the                     prosecutor who was outraged by the
                                             tough chores of finding compromise                                                                             We are here because, like those mil-
                                                                                                     East St. Louis race riots. East St.                    lions of Americans taking to the
                                             when it looks like it is impossible. I                  Louis is my hometown, born and raised
                                             think we can do this, and I know that                                                                          streets around the country, we under-
                                                                                                     across the river. He was outraged by                   stand that this is a moment when we
                                             we must.                                                the race riots there and people killed.
                                               I want to recount one other thing be-                                                                        must turn the pain into progress. We
                                                                                                     He introduced the anti-lynching laws.                  must transform the pain of George
                                             fore I yield the floor. I see others arriv-
                                                                                                     He got it through the House, and it                    Floyd’s death and the unjust deaths of
                                             ing here. It was 10 days ago when I
                                                                                                     came over here and died in the Senate.                 so many other Black Americans into
                                             asked the African-American members
                                             of my staff to get on a conference call.                That measure has languished in this                    deep and lasting change. We must bring
                                             We spend a lot of time on conference                    Chamber ever since.                                    the passionate pleas of the protesters
                                                                                                       I thought to myself, lynching is a                   across the Nation to the floor of the
                                             calls. There were quite a few on the
                                                                                                     terrible, Southern phenomena. Boy, am                  Senate to take action to root out sys-
                                             call, and I started talking about their
                                                                                                     I wrong. I did a little research and                   temic racism in all its ugly forms.
                                             experiences. They were a little reluc-
                                                                                                     studied the history over the weekend. I                  This is a deeply ingrained problem,
                                             tant to volunteer much. Then the dam
                                                                                                     was saddened to learn that in my home                  and it is clear that tinkering around
                                             broke, and one of them said something
                                             that led another one to say something.                  county, St. Clair County, on the Belle-                the edges is not enough. Systems em-
                                             It turned out to be one of the best con-                ville Square, an African American was                  bedded with racism need to be over-
                                             versations I have ever had with my                      lynched. Another African American                      hauled. The State in the form of the
                                             staff. They told me some things that I                  was lynched in Decatur, IL, a town in                  police cannot be allowed to continue
                                             needed to hear because listening is                     Central Illinois I represented for years.              unjustly taking the lives and liberty of
                                             sometimes more important for a Sen-                     Sadly, other lynchings took place in                   Black men and women. We must
                                             ator than speaking, although I do a lot                 parts of Illinois that you might not                   change the nature of policing. We need
                                             of speaking.                                            have guessed.                                          to change the culture.
                                               I can recall so many of them de-                        I learned the history of Anna, IL. I                   Here in the Senate, we must change
                                             scribed for me the very first time—and                  won’t say it on the floor because I                    laws to compel changes in culture. Let
                                             they remember it, and they remember                     don’t want to put it in the RECORD. Un-                us remember that the police as an in-
                                             who said it—they were called the N-                     fortunately, the name ‘‘Anna’’ has                     stitution are a reflection of the greater
                                             word. They remember it. Each went                       some racial connotations to it, which I                society, and we have an obligation to
                                             through that experience on the play-                    will share privately with others. There                change all those institutions where we
                                             ground or in a school. I am thinking to                 was a lynching based on a person living                find ingrained racist practices, every-
                                             myself that I never had an experience                   in Anna who was lynched in Carroll,                    where we find it, since the Nation
                                             in my life that was that profound that                  IL. This happened in the land of Lin-                  stood horrified by the video of George
                                             I remember it to this moment of some-                   coln. It happened in the North. It hap-                Floyd gasping for breath, crying out ‘‘I
                                             one using a word against me.                            pened in my home State that I love. It                 can’t breathe’’ as his life was snuffed
                                               Another young woman talked about                      is a reminder that hatred can be found                 out of him with a knee to his neck.
                                             the fact her mother sat her down at a                   everywhere.                                              Other Black men have senselessly
                                             young age and said: Listen to me.                         It is our job here with this bill to                 died at the hands of police.
                                             When you go to the store to buy some-                   move forward and say to the good po-                     By now, we probably have all seen
                                             thing, always ask for a receipt. Always                 lice: Thank you for serving us. Now                    the video of Rayshard Brooks. He fell
                                             ask for a receipt. You put that receipt                 join us in making sure we don’t have                   asleep in his car after drinking. He was
                                             in that bag because somebody is going                   bad police. In your ranks, you know                    then interviewed by police for over 20




dlhill on DSK120RN23PROD with SENATE
                                             to stop you at the door and say you                     the people who cannot be trusted with                  minutes. If you haven’t watched that
                                             stole it, and you can show them you                     their badge and gun to use them re-                    encounter, I urge you to do so because
                                             paid for it because you have the re-                    sponsibly. You know the people who                     after that 20-minute conversation, he
                                             ceipt.                                                  shouldn’t be policemen. Join us in                     ended up dead with two bullets in his
                                               I thought, my mother never gave me                    making sure your ranks show real                       back. That encounter should never
                                             that lesson. She never had to. I will                   quality in the recruitment, in the                     have ended that way.



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                                             June 16, 2020                                     CONGRESSIONAL RECORD — SENATE                                                               S2991
                                               Not far from here, in Woodstock, VA,                  to act with impunity. There must be                    and really ensure that we have equal
                                             we had another recent encounter that                    consequences for unjustly depriving                    justice under law, which of course is
                                             did not end in violence but exposed                     citizens of life and liberty. The changes              ensconced above the Supreme Court of
                                             some of the racist assumptions that                     called for in the Justice in Policing Act              the United States.
                                             are too often wired into police re-                     are necessary to protect individuals, to                 Let’s get to work. Let’s do it now.
                                             sponses and into societal responses. A                  protect communities, and to protect all                  I yield the floor.
                                             Black pastor and Air Force veteran                      those police officers who uphold their                   The PRESIDING OFFICER. The Sen-
                                             saw a man and woman disposing of an                     oath to protect the communities they                   ator from Minnesota.
                                             old refrigerator on his property. He                    serve.                                                   Ms. KLOBUCHAR. Madam President,
                                             told them to stop. The two were upset                     The police are the agents of the                     I come to the floor today because it is
                                             that the pastor would not let them                      State. Holding police accountable and                  time to end systemic racism with sys-
                                             dump this refrigerator on his property,                 requiring justice in policing is just the              temic change. So I am calling on my
                                             and they grew irate. They went away,                    first step. We must also confront the                  colleagues to work with us to imme-
                                                                                                     other manifestations of systemic rac-                  diately bring the Justice in Policing
                                             and they came back with three others.
                                                                                                     ism and the institutions and societal                  Act to the floor.
                                             Then these five White people sur-
                                                                                                                                                              I thank Senator BOOKER, who is here
                                             rounded the pastor, began jostling him,                 norms that allow them to continue. We
                                                                                                                                                            with us today, and Senator HARRIS for
                                             taunting him, calling him names, and                    must dismantle them with the same
                                                                                                                                                            their work on this bill, as well as the
                                             saying they didn’t give a darn about                    deliberate actions that ingrain them in
                                                                                                                                                            House Members who are leading in the
                                             his life and the Black Lives Matter                     the first place.
                                                                                                                                                            other Chamber. We must pass this bill,
                                             stuff.                                                    Tinkering with the system will not
                                                                                                                                                            and we should do it immediately with
                                               In defense, he drew a gun, which he                   be enough. We need dramatic reforms
                                                                                                                                                            bipartisan support.
                                             legally carried. He called 9–1-1 to get                 in our criminal justice system. We                       George Floyd should be alive today,
                                             the police to come. The police did                      have less than 5 percent of the world’s                but he isn’t. He was murdered in my
                                             come. They arrested and handcuffed                      population but 20 percent of its prison                State. He was murdered in my city. He
                                             the Black pastor while the five White                   population—something that the Sen-                     was murdered on videotape so the
                                             people continued to threaten him and                    ator from New Jersey has spoken about                  whole world could see it. The whole
                                             wave as the police took him away.                       often, as have my colleagues. We need                  world saw as his life evaporated before
                                               The sheriff in Woodstock has apolo-                   to change that. That is a stain on our                 our eyes.
                                             gized, and the proper charges, includ-                  country. We need to get rid of the pri-                  Our Nation has been left in pain,
                                             ing hate crime charges, have been filed                 vate prison system that gives some                     grieving, marching, and demanding
                                             against those who trespassed and har-                   corporations a financial incentive to                  justice. His murder has galvanized a
                                             assed the pastor, but that initial re-                  propagate a system that locks so many                  nationwide movement for justice, both
                                             sponse tells you what you need to                       people up, but we need many other                      for George Floyd and for the Black
                                             know.                                                   changes as well.                                       community and communities of color
                                               Those are the kinds of encounters                       We know that COVID–19 has dis-                       across America that have experienced
                                             that Black men and women face every-                    proportionately killed people of color.                injustice for far too long—not just in-
                                             where in this country on a regular                      We must address the underlying health                  justice at the hands of the police, but
                                             basis—North, South, East, and West.                     disparities that lead to radically dif-                also economic injustice, educational
                                               It reflects the same impulse of the                   ferent outcomes for the Black commu-                   injustice. And, if anything, these last
                                             woman in Central Park, NY, who was                      nity from COVID–19 to maternal mor-                    few months of this pandemic have shed
                                             asked by a Black man and birdwatcher                    tality.                                                a big magnifying glass and put it on
                                             enthusiast to obey the law and leash                      President Trump celebrated the fact                  top of what has been happening for way
                                             her dog. Instead, she called the police                 that the May unemployment rate was                     too long.
                                             on him to tell them that an African                     15 percent. That is nothing in and of                    As we grieve this loss, we have work
                                             American was threatening her life. She                  itself to celebrate. It means millions                 to do in our own States, and that is
                                             was exploiting the fact that she would                  and millions of Americans are out of                   justice in this particular case, includ-
                                             likely be believed.                                     work through no fault of their own.                    ing accountability for the officers in-
                                               It is same ingrained and racist im-                   But he neglected to mention that the                   volved. Minnesota Attorney General
                                             pulses that resulted in five Black                      Black unemployment rate went up in                     Keith Ellison, whom I have known for
                                             youth—now known as the exonerated                       that May report because we have deep                   many, many years—I am very sure that
                                             five but who were locked up and spent                   inequities from our systems of income                  he will have full faith and has forever
                                             years and years in prison after being                   and wealth.                                            in his conviction for justice, and he is
                                             falsely accused of a brutal assault in                    We have deep inequalities in our                     pursuing this case against the officers.
                                             that same Central Park in New York.                     school systems. Title I is persistently                  But as lawmakers, we must also
                                               It is the same racist narrative of one                underfunded by over $30 billion every                  make systemic change. We cannot an-
                                             of the first American films, ‘‘The Birth                year. Think about the $2.1 trillion we                 swer our Nation’s calls for justice with
                                             of a Nation,’’ showed by Woodrow Wil-                   are spending to help keep the economy                  silence. That would make us complicit.
                                             son in the White House.                                 from going underwater in this short pe-                We cannot answer with what the Presi-
                                               You can draw a straight line from                     riod of time. My goodness, we could                    dent called domination. That would
                                             slavery to Jim Crow, legal segregation,                 spend $300 billion over 10 years to fully              make us monsters. We must answer
                                             de facto segregation, and institutional-                fund title I.                                          with action. That is what makes us
                                             ized racism to the deaths of George                       We are seeing continued discrimina-                  lawmakers.
                                             Floyd and so many other Black Ameri-                    tion in housing and the Department of                    Since I have come to the Senate 13
                                             cans.                                                   Housing and Urban Development has to                   years ago, I have watched as change
                                               Tinkering with the system will not                    make efforts to advance fairness.                      has come inch by inch. I see Senator
                                             be enough. Calling for more data and                      We have a lot of work to do in this                  DURBIN with us today, who led the ef-
                                             transparency is necessary, but it will                  country. We have a lot of work to do in                fort on changing the disparity on crack
                                             not be enough. We have to take up and                   the Senate.                                            cocaine. I was a new member of the Ju-
                                             pass the Justice in Policing Act.                         This is a moment of reckoning for                    diciary Committee when he led that
                                               I want to thank Senators BOOKER and                   this country—another one. This time,                   work. I see Senator BOOKER here. Both
                                             HARRIS and the Congressional Black                      let’s not allow it to pass and let’s                   of them, as well as a number of us,
                                             Caucus for leading this legislative ef-                 start—let’s start—right now by taking                  worked on the FIRST STEP Act. That




dlhill on DSK120RN23PROD with SENATE
                                             fort.                                                   up and passing the Justice in Policing                 was really important to reduce sen-
                                               The Supreme Court yesterday had an                    Act. But that is just a start. We have                 tencing for nonviolent offenders. But,
                                             opportunity to take up and change the                   so much more work to do to build a                     again, it is inch by inch. We must move
                                             doctrine of qualified immunity. They                    truly more perfect union and to live up                by miles.
                                             chose not to. Qualified immunity has                    to the promise of equal rights and                       There is systemic racism at every
                                             allowed police and other State officials                equal justice and equal opportunity                    level of our justice system, and it has



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                                             S2992                                             CONGRESSIONAL RECORD — SENATE                                                       June 16, 2020
                                             taken far too long to right these                       to conduct a full-scale investigation                  with, ‘‘We will demand and ultimately
                                             wrongs. And it is on us in Congress, es-                into the patterns and practices of the                 force lasting change by shining a light
                                             pecially on those of us who have                        Minneapolis Police Department. We                      on this and by winning justice.’’
                                             worked in this system—mayors, pros-                     have waited weeks for a response.                        I will conclude with this. A few years
                                             ecutors, attorneys general. Those of us                   Under the Obama administration, 25                   ago, like so many of my colleagues, I
                                             who have seen what is happening have                    of these pattern and practice investiga-               went to Selma, AL, with Representa-
                                             a special obligation to make this                       tions were brought. Under the Trump                    tive JOHN LEWIS. I stood there on the
                                             change.                                                 Justice Department, just one unit of                   bridge where he had his head beaten in.
                                               We took an oath as Senators. We                       one department in Springfield, MA,                     I was in awe of his persistence, his re-
                                             didn’t wave a Bible in the air for a                    was examined.                                          silience, and his faith that this country
                                             photo op. We placed our hand on that                      Now, just as I headed to the floor                   could always do better.
                                             Bible and swore to support and defend                   here, we got a letter from the Justice                   That weekend, after 48 years, the
                                             the Constitution against all enemies,                   Department, but they did not commit                    White police chief of Montgomery
                                             foreign and domestic. That enemy we                     to this investigation. They said they                  handed his police badge to Congress-
                                             face right now is racism; it is injustice.              were going to continue to look at the                  man LEWIS, and he publicly apologized
                                               This is not a time for half measures                  evidence.                                              on behalf of police for not protecting
                                             and equivocation. It is a time for real                   Meanwhile, the Governor of Min-                      Congressman LEWIS and the Freedom
                                             change and swift action, including                      nesota and the State human rights de-                  Marchers 48 years before.
                                             holding police officers accountable for                 partment has had to fill in. They are                    I don’t want it to take another 48
                                             misconduct and violence, changing po-                   conducting their own investigation,                    years for my city to heal. I don’t want
                                             lice practices, and making our justice                  and I have faith that they will do the                 it to take another 48 years for my
                                             system more transparent.                                right thing. But, again, this should be                State to heal or for this country to
                                               There are a lot of good police officers               coming from the Justice Department.                    heal or for our Nation to fix a justice
                                             out there—a lot of good police offi-                      We know that Minnesota is not the                    system that has been broken since it
                                             cers—but they are brought down, just                    only State whose recent events have                    was built. I want justice now. The
                                                                                                     shown us misconduct from the police
                                             as our entire community is, when you                                                                           voices you hear from across the coun-
                                                                                                     and that have experienced a pattern
                                             have someone like Derek Chauvin com-                                                                           try—they want justice now.
                                                                                                     and practice that need to be examined.                   It is time we delivered, and not just
                                             mit the murder that he did. When they
                                                                                                     But, again, we wait that investigation                 in platitudes. It is time we acted, and
                                             watch the videotape, they feel like we
                                                                                                     from the Department of Justice.
                                             feel. And that is why this bill is so im-                                                                      not just talk about acting. This is our
                                                                                                       After what we saw on the video, is it
                                             portant—the Justice in Policing Act.                                                                           moment. This is history. So let’s make
                                                                                                     not warranted in this case to have such
                                               This     comprehensive      legislation               an investigation? I would ask the Jus-                 history.
                                             changes Federal law so that officers                                                                             I yield the floor.
                                                                                                     tice Department under Donald Trump
                                             can be held accountable for misconduct                                                                           The PRESIDING OFFICER (Mr.
                                                                                                     and under William Barr: What facts
                                             and increases that transparency and                                                                            CRUZ). The Senator from Wyoming.
                                                                                                     would warrant an investigation if not
                                             improves police training.                                                                                        Mr. BARRASSO. Mr. President, I
                                                                                                     these?
                                               First, on accountability, the Justice                   In addition to improving the tools to                come to the floor today to discuss the
                                             in Policing Act will hold officers ac-                  hold police accountable, we also need                  Senate plan for justice reform.
                                             countable for misconduct and violence                   to ensure that there is transparency so                  First, it is important to note that
                                             by changing the Federal use-of-force                    we can once again build trust with our                 justice will not come from any commu-
                                             standard from reasonable to necessary                   communities. What does this mean?                      nity with lawlessness. It will not come
                                             so that force is only used when nec-                    Well, it means that we have officers                   from any community with a disregard
                                             essary to prevent death or serious in-                  that actually get in trouble in one de-                for law and order. It will not come
                                             jury, and it requires States to adopt                   partment and then they go to another                   from any community with radical cuts
                                             similar stands if they want to receive                  department and no one even knows                       in police budgets in cities like New
                                             certain Federal funding.                                what happens. It means that the public                 York and Los Angeles. It will not come
                                               Changing the standard is not just                     does not have access to information                    from any community that defunds the
                                             some little legalese word that makes a                  about serious issues of misconduct that                police.
                                             change. It will save lives.                             are held tightly within city depart-                     These are not the solutions that
                                               When these changes have been adopt-                   ments and city archives in some place,                 Americans are seeking. Yet I see head-
                                             ed at the local level, there has been a                 when in fact it is a matter of life and                lines from around the country with pic-
                                             significant drop in the use of force.                   death for the people of this country.                  tures of those demonstrating and ap-
                                             These words can be the difference be-                     And, of course, we need wholesale                    plauding Democrat politicians who are
                                             tween whether a prosecutor can prove                    changes to the way policing happens. I                 calling for defunding of the police—the
                                             a case against a police officer or not.                 worked with Senators SMITH and GILLI-                  Democrat politicians who are demand-
                                               People ask what has happened                          BRAND to include provisions in the bill                ing not just defunding but also disman-
                                             around the country with some of these                   to require States to ban the use of                    tling the police in their own commu-
                                             cases—some of these blatant things                      choke holds in policing to receive cer-                nities.
                                             that people recently have seen on vid-                  tain Federal funding and to ban them                     That will not work. That will not
                                             eotape.                                                 overall.                                               work, and the American people see it
                                               In my State, Philando Castile, who                      This would be an important change                    and they know it. In fact, a new ABC
                                             was in a neighboring jurisdiction to                    that actually would help with prosecu-                 poll finds that 64 percent of Americans
                                             Minneapolis—look at what these stand-                   tions across the country, if this prac-                oppose these dangerous, liberal ideas
                                             ards are. Lawmakers have control over                   tice was actually banned.                              like defunding the police, and 60 per-
                                             these standards. Even when a case like                    George Floyd’s murder, at the hands                  cent oppose police department budget
                                             that was prosecuted with excellent                      of police officers, was horrific and in-               cuts.
                                             prosecutors, who did their all, they                    humane and, sadly, as we know, not                       Liberal leaders, meanwhile—look,
                                             were not able to get a guilty verdict.                  the first or last time a Black man was                 they have let anarchists occupy part of
                                             Look at the standards.                                  taken too soon by those in uniform. We                 Seattle. You turn on the TV, and you
                                               In addition to improving the way                      must stop this cycle of violence to get                can see what is happening there. They
                                             that individual officers are held ac-                   something done.                                        have actually burned down a police
                                             countable for misconduct, the bill                        We have an opportunity to make real                  precinct.




dlhill on DSK120RN23PROD with SENATE
                                             holds police departments accountable,                   change here, and if Leader MCCONNELL                     They called this area CHAZ—C-H-A-
                                             because we know that there are sys-                     refuses to bring this bill to the floor,               Z—the Capitol Hill Autonomous Zone.
                                             tematic changes that are needed at po-                  he and his colleagues who support him                  Can you imagine such a thing? Well,
                                             lice departments.                                       are on the wrong side of history.                      now they have renamed it to CHOP,
                                               I have called on the Department of                      In the words of George Floyd’s fam-                  which stands for the Capitol Hill Occu-
                                             Justice, along with 26 of my colleagues,                ily, whom I had the honor to speak                     pied Protest. Whatever they want to



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                                             June 16, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S2993
                                             call it, to me and to Americans all                     warrants. These warrants will allow of-                serving in law enforcement agencies.
                                             across the country, it is still criminal                ficers to enter homes without announc-                 We need to hear from all of them.
                                             lawlessness.                                            ing their presence.                                      In recent weeks, African Americans
                                               Democrats and Republicans need to                       Our bill creates two commissions to                  across the country have shared their
                                             stand up to these dangerous radicals.                   report back to Congress. A new com-                    experiences with law enforcement—sto-
                                             We must never defund or disband the                     mission on civil rights will study and                 ries we have heard of being profiled,
                                             police—never. Defunding police depart-                  report on ways to address issues affect-               discriminated against, targeted, and
                                             ments is a dangerous idea. Violent                      ing Black men and boys, and a criminal                 having a negative perception of law en-
                                             crime will spike. Call 911, and no one                  justice commission, modeled on the                     forcement that even in dangerous situ-
                                             will be there to respond to your emer-                  9/11 Commission, will recommend                        ations they are afraid to call the po-
                                             gency.                                                  criminal justice reforms.                              lice. Really, the way it was described
                                               I believe that rather than defund, we                   Now, the Senate has already passed                   in a meeting I had on Friday in Dallas
                                             must defend the police as appropriate                   this commission, and we have done it                   by Chief Hall and Sheriff Brown is that
                                             and make sure that we invest more in                    unanimously. We sent it to the House                   they called it a wedge between law en-
                                             law enforcement, not less. We need to                   and they have failed to act.                           forcement and some minority commu-
                                             improve police training, account-                         Our bill also requires police training               nities for lack of trust. John Crusoe,
                                             ability, transparency, recruiting, and                  on deescalation tactics and alter-                     the district attorney, said because of
                                             community engagement, and that is                       natives to the use of force.                           the number of offenses for which mi-
                                             what the Republican bill does.                            I believe the JUSTICE Act is impor-                  norities are arrested and prosecuted, it
                                               House Democrats have written a very                   tant legislation. I would like to see it               seemed to be disproportionate. They
                                             partisan bill, aimed at making over                     on the floor in the very near future.                  have the impression that somehow
                                             and taking over—not just making over                      Still, there are limits to Federal ac-               they are being targeted unfairly. We
                                             but also taking over—policing in Amer-                  tion. Law enforcement is governed by                   know that even our friend, TIM SCOTT,
                                             ica. The Democrats’ plan would nation-                  State laws and is largely managed by                   an African-American Senator, has said
                                             alize the police—nationalize it—18,000                  local officials. State and local leaders               he knows what it is like to be driving
                                             police units and 800,000 police officers—               must step up and do their part.                        while Black and to be stopped, where
                                             nationalize the police and, of course,                    With the JUSTICE Act, we have                        somebody who looks like me would not
                                             without adequate funding.                               taken an essential step forward in what                be stopped by the police.
                                               The truth is that the House isn’t                     we all realize is a necessary process.                   We need to work our way through
                                             even in session. Their plan was written                   So I urge all my colleagues—on both                  this. We know that Black parents have
                                             in secret. House Democrats didn’t con-                  sides of the aisle—to support this plan                spoken openly about their concerns for
                                             sult Republicans and, apparently,                       for necessary justice reform.                          their own sons and daughters and that
                                             didn’t even consult a number of their                     I yield the floor.                                   lessons that they have given them of
                                             own Members. They didn’t plan to de-                      I suggest the absence of a quorum.                   what they should do if pulled over by
                                             bate the bill and don’t plan to debate it                 The PRESIDING OFFICER. The                           the police: turning off the car, rolling
                                             for a couple of weeks.                                  clerk will call the roll.                              down the windows, placing their hands
                                               As you know, Republicans, on the                        The senior assistant legislative clerk               on the dashboard, and explaining what
                                             other hand, have been working and lis-                  proceeded to call the roll.                            they are doing before reaching in their
                                             tening, and we are leading. Our effort,                   Mr. CORNYN. Mr. President, I ask                     pocket for their driver’s license.
                                             of course, is led by Senator TIM SCOTT                  unanimous consent that the order for                     Well, the lack of trust between law
                                             of South Carolina. We have developed                    the quorum call be rescinded.                          enforcement and our communities isn’t
                                             what I believe is a smart plan and a                      The PRESIDING OFFICER. Without                       unfounded, but it is unsustainable. In
                                             workable solution. The bill is called                   objection, it is so ordered.                           order for every American to not only
                                             the JUSTICE Act. It is written to gar-                    Mr. CORNYN. Mr. President, I ask                     be safe but feel safe, we need to enact
                                             ner bipartisan support, and I hope some                 unanimous consent to complete my re-                   long overdue reforms to our Nation’s
                                             of our colleagues on the other side of                  marks before the lunch recess.                         police departments. Mostly, these are
                                             the aisle will join in this effort.                       The PRESIDING OFFICER. Without                       not prescriptive in nature. These are in
                                               This is a sensible measure that will                  objection, it is so ordered.                           the realm of being an assistance to our
                                             make bipartisan justice reform a re-                      Mr. CORNYN. Mr. President, as the                    law enforcement officials and not
                                             ality that we need. It is not a political               Nation discusses the need for police re-               somehow assuming, as some do, that
                                             exercise. It is practical legislation, and              forms, our work in the Senate to de-                   racial   discrimination     is   rampant
                                             it deserves to become law. So I hope                    liver those reforms is ramping up. This                among law enforcement. I don’t believe
                                             Democrats will join in the effort.                      afternoon, the Judiciary Committee,                    that. I don’t believe that there is sys-
                                               The JUSTICE Act includes a number                     on which the Presiding Officer and I                   temic racial discrimination in our law
                                             of very important reforms. It provides                  serve, will be holding a hearing to ex-                enforcement officers where they target
                                             for every police officer in the country                 amine the use of force and community                   minorities. I just don’t believe that.
                                             to use body cameras to curb the unnec-                  relations.                                               I do believe there are some bad actors
                                             essary use of force. I will tell you that                 I am glad that our witnesses include                 who abuse their power and violate even
                                             I believe that body cameras have made                   two outstanding Texas witnesses—Erin                   the status of their own police depart-
                                             a difference in changing the hearts of                  Nealy Cox, the U.S. Attorney of the                    ment. And, unfortunately, in the exam-
                                             Americans all across the country.                       Northern District of Texas, and Chief                  ple of the officer who had his knee on
                                               It requires States that receive Fed-                  Art Acevedo, Chief of the Houston Po-                  the neck of George Floyd, we know
                                             eral grants to report details of all uses               lice Department and also the chair of                  that there have been 17 separate com-
                                             of force causing death or serious in-                   the Major Cities Chiefs Association. I                 plaints made against him in their in-
                                             jury. For the first time, we will have                  know they will be able to help shed                    ternal affairs division there, but, ap-
                                             real, actionable data.                                  some light on the changes that need to                 parently, neither the police depart-
                                               It promotes greater access to officer                 be made to restore trust between offi-                 ment nor the city leadership—the
                                             employment records to improve hiring                    cers and the communities they serve,                   mayor and city council—did anything
                                             practices. This prevents bad officers                   and I appreciate their willingness to                  about it, or if they did, we have not yet
                                             from moving from one department to                      share their perspectives with us.                      learned about it.
                                             another.                                                  It is important, I believe, for us to                  Well, we know that Senator SCOTT
                                               It provides funds to help police de-                  hear from a variety of sources as we de-               has been leading the effort in our con-




dlhill on DSK120RN23PROD with SENATE
                                             partments recruit and hire officer can-                 bate what those potential reforms                      ference to try to come up with a rea-
                                             didates that better reflect the diversity               might look like: those who represent                   sonable package of legislative re-
                                             of the communities in which they                        law enforcement, community and                         sponses, and it is really kind of sur-
                                             serve.                                                  faith-based organizations, and the men                 prising to me to see the overlap be-
                                               It requires higher standards for po-                  and women who get up every day and                     tween the political parties and also our
                                             lice to obtain and use no-knock search                  put on the uniform to protect us by                    colleagues in the House.



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                                             S2994                                             CONGRESSIONAL RECORD — SENATE                                                       June 16, 2020
                                               Now, there are some things that I                     lease body camera or dash camera foot-                 will finally move to passage of the leg-
                                             don’t think we should do. For example,                  age and overall increased transparency.                islation, the Great American Outdoors
                                             there are some who call for reforming                   Similar changes are being made in cit-                 Act, tomorrow. I urge my colleagues to
                                             qualified immunity, a judicial doctrine                 ies across Texas and across the coun-                  support this bill.
                                             that protects the discretionary acts of                 try, and I think transparency is an im-                  We had the opportunity over the last
                                             a government employee or government                     portant area where changes can and                     several weeks—last week, in par-
                                             official and holds them financially re-                 should occur. A one-size-fits-all Fed-                 ticular—to talk about what it means
                                             sponsible only if they violate an estab-                eral approach to policing would be, I                  for every State in the country, what it
                                             lished standard. Well, the same legal                   think, a mistake.                                      means for every county in the country,
                                             doctrine that protects police officers                    But here in Washington, we do have a                 and the significant opportunity for
                                             protects school teachers as well, and I                 role to play. We have both the oppor-                  conservation, which is the crown jewel
                                             will bet that a number of our col-                      tunity and the responsibility to ensure                of conservation programs and, of
                                             leagues who are calling for wholesale                   that America’s police departments are                  course, our national parks. It is not
                                             reform of qualified immunity didn’t                     helping public safety and are not con-                 just national parks, of course. It is our
                                             even know that.                                         sidered to be a threat by the commu-                   forests, and it is our BLM grounds and
                                               Well, as I said, it is important that                 nities they serve. The bill being led by               the efforts we have with the Bureau of
                                             we hear from a variety of voices, and                   Senator SCOTT would take major steps                   Indian Education.
                                             that is why I appreciate Mayor John-                                                                             I thought I would talk specifically
                                                                                                     in the right direction. While the final
                                             son in Dallas hosting a roundtable with                                                                        about some Colorado projects today
                                                                                                     details are being ironed out, our discus-
                                             a group of law enforcement leaders and                                                                         and what the Land and Water Con-
                                                                                                     sions have included a range of pro-
                                             faith leaders who are committed to de-                                                                         servation Fund has meant for Colo-
                                                                                                     posals that would address everything
                                             livering real change. I spent a few min-                                                                       rado.
                                                                                                     from training to transparency, to mi-
                                             utes talking about what we are doing                                                                             This is a photo of Wilson Peak in Col-
                                                                                                     nority hiring.
                                             here in Washington, but I spent most of                                                                        orado. It rises over Telluride in south-
                                                                                                       I am not interested in passing a bill
                                             my time listening. I think that is                                                                             west Colorado. Wilson Peak is one of
                                             something we need to do more of—to                      for the sake of just checking a box and
                                                                                                     saying we have done something signifi-                 the 54 mountains in Colorado that top
                                             listen. We are all pretty good at talk-                                                                        14,000 feet. Climbers and hikers eager
                                             ing, but we need to do more listening.                  cant. That route is sure to lead to even
                                                                                                     more problems. I am interested in de-                  to summit the 14,500-foot peak, located
                                               Everyone agrees that there is a prob-
                                                                                                     livering real reforms, as I am confident               in the Lizard Head Wilderness, have
                                             lem—a big one—that will not go away
                                                                                                     all of my colleagues here in the Senate                been frustrated for years by key land
                                             if we ignore it. As the mayor acknowl-
                                                                                                     are, and I think our legislative efforts               access routes being blocked, which
                                             edged, the fact that everyone agrees
                                                                                                     can produce a product that will be re-                 made it impossible to get to. In addi-
                                             that the status quo is not sustainable
                                                                                                     sponsive to the crisis we are now expe-                tion, Wilson Peak long remained the
                                             represents progress in and of itself.
                                                                                                     riencing—a crisis largely of trust.                    last ‘‘fourteener’’ in Colorado without
                                             That is the first step toward solving a
                                                                                                       Of course, for those changes to reach                public access.
                                             problem—recognizing that you have                                                                                Through 9 years, very complex land
                                             one. But now it is time to turn that                    communities in Texas, they also need
                                                                                                     to be able to pass not only a Repub-                   exchange negotiations, and work to as-
                                             consensus into collective action.                                                                              semble suitable exchange properties
                                               We know that many of the changes                      lican-controlled Senate but a Demo-
                                                                                                     cratic-controlled House and be signed                  and funding, the Trust for Public Land
                                             that need to be made will happen at
                                                                                                     by President Trump, and I believe the                  purchased 25 patented mining claims,
                                             the local and State level. At the U.S.
                                                                                                     legislation we will unveil tomorrow                    including the summit and key portions
                                             Congress, we have a Capitol Police, but
                                                                                                     could deliver in each of those bodies. I               of the main summit trail from multiple
                                             we don’t control what happens in the
                                                                                                     think each of us has a responsibility to               private owners. In 2011, the Trust for
                                             Minneapolis Police Department or the
                                                                                                     take action to repair and address the                  Public Land formally transferred own-
                                             Dallas Police Department or San Anto-
                                                                                                     fear, the anger, and the lack of trust                 ership of land to the U.S. Forest Serv-
                                             nio or any other locally run and con-
                                                                                                     between law enforcement and our com-                   ice, ensuring in perpetuity the public
                                             trolled law enforcement agency. We
                                             know that they are not all the same.                    munities, and this bill does an impor-                 access to Wilson Peak summit.
                                                                                                     tant first step.                                         If you go to the next one, this is a
                                             Most major law enforcement agencies,
                                                                                                       I am proud to have worked with Sen-                  photograph of the Big Thompson River.
                                             like the one in Dallas, have deescala-
                                                                                                     ator SCOTT and all of our colleagues in                In 1976, rains began to pour near Estes
                                             tion training. It has been mandatory
                                                                                                     this effort, and we all will make our                  Park, CO, and caused one of the biggest
                                             for years.
                                               So when people talk about doing that                  contribution before we are through. I                  natural disasters in Colorado’s history.
                                             and mandating it here from Wash-                        am looking forward to sharing those                    A remarkable 12 inches of rain fell in
                                             ington, the fact is that most of our                    details tomorrow during the press con-                 about 4 hours. As a reminder, there are
                                             major law enforcement agencies are al-                  ference.                                               areas of Colorado that only get about
                                             ready doing a lot of these things, like                   With that, I yield the floor.                        14 inches of moisture a year. A remark-
                                             banning choke holds, for example. One                                                                          able 12 inches of rain fell in about 4
                                                                                                                       f                                    hours, bringing the Big Thompson
                                             of the participants in our roundtable
                                             was Frederick Frazier, a longtime law                                    RECESS                                River to 19 feet above its normal level,
                                             enforcement officer who actually                                                                               and sending 31,000 cubic feet per second
                                                                                                       The PRESIDING OFFICER. Under                         of water racing downstream, down the
                                             trains officers in deescalation.                        the previous order, the Senate stands
                                               More recently, the Dallas Police De-                                                                         canyon, carrying with it everything
                                                                                                     in recess until 2:15 p.m.                              and anything in its path. The flood
                                             partment banned choke holds, as I                         Thereupon, the Senate, at 12:31 p.m.,
                                             mentioned, and any use of force in-                                                                            claimed 145 lives, 418 homes, 52 busi-
                                                                                                     recessed until 2:15 p.m. and reassem-                  nesses, and caused millions and mil-
                                             tended to restrict a person’s airways.
                                                                                                     bled when called to order by the Pre-                  lions of dollars of damage in 1976.
                                             They have also embraced a policy re-
                                                                                                     siding Officer (Mrs. CAPITO).                            In the aftermath of the disaster,
                                             quiring officers to intervene in a situa-
                                             tion where use of force is unnecessary                                    f                                    Larimer County recognized that simply
                                             and inappropriate. For example, if a                                                                           rebuilding new homes in harm’s way
                                                                                                          TAXPAYER FIRST ACT OF 2019—
                                             law enforcement officer sees another                                                                           within the floodway didn’t make sense.
                                                                                                                   Continued
                                             officer use excessive force or dealing                                                                         The county turned to the Land and
                                             with that use of force inappropriately,                                       H.R. 1957                        Water Conservation Fund as an impor-




dlhill on DSK120RN23PROD with SENATE
                                             the Dallas Police Department requires                     Mr. GARDNER. Madam President,                        tant part of the solution. With just
                                             the other officers who witnessed that                   yesterday, we had a series of successful               over $1 million from Land and Water
                                             to intervene—something we did not see                   votes to move forward on the Great                     Conservation Fund and some other
                                             happen in Minneapolis.                                  American Outdoors Act. I am excited                    matching resources, the county ac-
                                               During our discussion, Chief Hall also                with the votes we have taken last week                 quired a number of properties along the
                                             discussed steps they are taking to re-                  and the votes last night and that we                   Big Thompson River, which provided



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