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.”
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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
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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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