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Congressional Record, Senate, June 24, 2020 — S. 3985 JUSTICE Act Cloture Vote

Summary

A page of the Congressional Record, Senate, dated June 24, 2020, beginning at page S3170, covering votes and debate on the JUSTICE Act. It prints the roll call on the Wilson nomination, which was confirmed with yeas 52 and nays 48, and the cloture vote on the motion to proceed to S. 3985, a bill to improve and reform policing practices, accountability and transparency, where the yeas were 55 and the nays 45 and the motion was rejected. Mr. McConnell enters a motion to reconsider and files a cloture motion on the motion to proceed to S. 4049, a bill to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense. Senators Perdue and Scott of South Carolina speak for the JUSTICE Act, and Mrs. Feinstein speaks in opposition to proceeding.

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“Congressional Record, Senate, June 24, 2020 — S. 3985 JUSTICE Act Cloture Vote.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-24-crec-2020-06-24-pt1-pgs3170-4-0ce006ba9c/, SHA-256 5fbf2ac13e2597ac94abbed9aaa5d7750569f9bc2658df24b531a7baff9e09b3.

Full text

                                               S3170                                             CONGRESSIONAL RECORD — SENATE                                                                June 24, 2020
                                               issue you have. They did not stick                                           NAYS—48                            Portman           Sasse            Tillis
                                                                                                                                                               Risch             Scott (FL)       Toomey
                                               around for that meeting.                                Baldwin            Harris               Reed
                                                                                                                                                               Roberts           Scott (SC)       Wicker
                                                                                                       Bennet             Hassan               Rosen
                                                 My concern is that 80 percent just                    Blumenthal         Heinrich             Sanders
                                                                                                                                                               Romney            Shelby           Young
                                               won’t do. My concern is that our                                                                                Rounds            Sullivan
                                                                                                       Booker             Hirono               Schatz
                                                                                                                                                               Rubio             Thune
                                               friends on the other side will not take                 Brown              Jones                Schumer
                                               advantage of this opportunity to say to                 Cantwell           Kaine                Shaheen                             NAYS—45
                                                                                                       Cardin             King                 Sinema
                                               the communities that are suffering: We                  Carper             Klobuchar            Smith
                                                                                                                                                               Baldwin           Harris           Rosen
                                               see you. We hear you. We are willing to                                                                         Bennet            Hassan           Sanders
                                                                                                       Casey              Leahy                Stabenow
                                                                                                                                                               Blumenthal        Heinrich         Schatz
                                               respond as one body.                                    Collins            Manchin              Tester
                                                                                                                                                               Booker            Hirono           Schumer
                                                                                                       Coons              Markey               Udall
                                                 I implore all of us to vote for the mo-               Cortez Masto       Menendez             Van Hollen
                                                                                                                                                               Brown             Kaine            Shaheen
                                               tion to proceed so that if there are rec-                                                                       Cantwell          Klobuchar        Sinema
                                                                                                       Duckworth          Merkley              Warner
                                                                                                                                                               Cardin            Leahy            Smith
                                               ommendations that come in the form                      Durbin             Murphy               Warren
                                                                                                                                                               Carper            Markey           Stabenow
                                                                                                       Feinstein          Murray               Whitehouse
                                               of amendments, we have a vote up or                     Gillibrand         Peters               Wyden
                                                                                                                                                               Casey             McConnell        Tester
                                               down on those amendments. I have of-                                                                            Coons             Menendez         Udall
                                                                                                         The nomination was confirmed.                         Cortez Masto      Merkley          Van Hollen
                                               fered as many amendments as nec-                                                                                Duckworth         Murphy           Warner
                                               essary for this bill to be seen by the                    The PRESIDING OFFICER (Mrs.                           Durbin            Murray           Warren
                                               public, and, in consultation with the                   HYDE-SMITH). Under the previous order,                  Feinstein         Peters           Whitehouse
                                               other side, let it be their bill—not TIM                the motion to reconsider is considered                  Gillibrand        Reed             Wyden
                                               SCOTT’s bill, not the Republican bill,                  made and laid upon the table, and the                     The PRESIDING OFFICER. On this
                                               not the Democrat bill, but a bill that                  President will be immediately notified                  vote, the yeas are 55, the nays are 45.
                                               starts to address the issues that have                  of the Senate’s action.                                   Three-fifths of the Senators duly cho-
                                               plagued this Nation for decades.                                                                                sen and sworn not having voted in the
                                                                                                                         f
                                                 This is not my first start at this leg-                                                                       affirmative, the motion is rejected.
                                               islation. I started on this bill 5 years                                                                          The majority leader.
                                                                                                                 CLOTURE MOTION
                                               ago, but I could not find voices that                                                                                          MOTION TO RECONSIDER
                                                                                                         The PRESIDING OFFICER. Pursuant                         Mr. MCCONNELL. Mr. President, I
                                               would push forward reforms brought to
                                                                                                       to rule XXII, the Chair lays before the                 enter a motion to reconsider the vote.
                                               our attention by the Walter Scott
                                                                                                       Senate the pending cloture motion,                        The PRESIDING OFFICER. The mo-
                                               shooting in 2013.
                                                                                                       which the clerk will state.                             tion is entered.
                                                 I will close with this: I respect people                The senior assistant legislative clerk
                                               with whom I disagree. They have the                                                                               The majority leader.
                                                                                                       read as follows:                                          Mr. MCCONNELL. Mr. President, I
                                               right to disagree. My pastor tells me I
                                               have the right to be wrong, which
                                                                                                                     CLOTURE MOTION                            want to explain the reason I changed to
                                               means I am not right all the time. But                    We, the undersigned Senators, in accord-              no.
                                                                                                       ance with the provisions of rule XXII of the              I am in strong support of the bill
                                               on this bill, if you don’t think we are                 Standing Rules of the Senate, do hereby                 that has been crafted by the Senator
                                               right, make it better. Don’t walk away.                 move to bring to a close debate on the mo-              from South Carolina. In order to have
                                               Vote for the motion to proceed so that                  tion to proceed to Calendar No. 480, S. 3985,           an opportunity to reconsider the vote
                                               we have an opportunity to deal with                     a bill to improve and reform policing prac-
                                                                                                                                                               without waiting for 2 days, I changed
                                               this very real threat to the America                    tices, accountability, and transparency.
                                                                                                           Mitch McConnell, Cory Gardner, Ben                  my vote and moved to reconsider,
                                               that is civil, that is balanced. This is
                                                                                                             Sasse, Steve Daines, Rob Portman,                 which means that it could come back
                                               an opportunity to say yes—to say yes
                                                                                                             John Cornyn, David Perdue, Joni                   at any time should progress be made.
                                               not to us but to those folks who are
                                               waiting for our leadership to stand and
                                                                                                             Ernst, James Lankford, Roger F.                                     f
                                                                                                             Wicker, Mike Crapo, Thom Tillis, Todd
                                               be counted.                                                   Young, Michael B. Enzi, John Hoeven,                        LEGISLATIVE SESSION
                                                           VOTE ON WILSON NOMINATION                         Tim Scott, Lindsey Graham.
                                                 The PRESIDING OFFICER. Under                            The PRESIDING OFFICER. By unan-                                MORNING BUSINESS
                                               the previous order, all postcloture time                imous consent, the mandatory quorum
                                                                                                       call has been waived.                                     Mr. MCCONNELL. Mr. President, I
                                               has expired.
                                                                                                         The question is, Is it the sense of the               ask unanimous consent that the Sen-
                                                 The question is, Will the Senate ad-                                                                          ate proceed to legislative session for a
                                               vise and consent to the Wilson nomina-                  Senate that debate on the motion to
                                                                                                       proceed to S. 3985, a bill to improve and               period of morning business, with Sen-
                                               tion?                                                                                                           ators permitted to speak therein for up
                                                 Mr. LEE. I call for the yeas and nays.                reform policing practices, account-
                                                                                                       ability and transparency, shall be                      to 10 minutes each.
                                                 The PRESIDING OFFICER. Is there a                                                                               The PRESIDING OFFICER. Without
                                               sufficient second?                                      brought to a close?
                                                                                                         The yeas and nays are mandatory                       objection, it is so ordered.
                                                 There appears to be a sufficient sec-                 under the rule.                                                           f
                                               ond.                                                      The clerk will call the roll.                         NATIONAL DEFENSE AUTHORIZA-
                                                 The clerk will call the roll.                           The senior assistant legislative clerk                  TION ACT FOR FISCAL YEAR
                                                 The legislative clerk called the roll.                called the roll.                                          2021—Motion to Proceed
                                                 The result was announced—yeas 52,                       The PRESIDING OFFICER (Mr.                              Mr. MCCONNELL. Mr. President, I
                                               nays 48, as follows:                                    LANKFORD). Are there any other Sen-                     move to proceed to Calendar No. 483, S.
                                                           [Rollcall Vote No. 125 Ex.]                 ators in the Chamber desiring to vote                   4049.
                                                                   YEAS—52                             or change their vote?                                     The PRESIDING OFFICER. The
                                                                                                         The yeas and nays resulted—yeas 55,                   clerk will report the motion.
                                               Alexander         Gardner            Portman
                                               Barrasso          Graham             Risch              nays 45, as follows:                                      The senior assistant legislative clerk
                                               Blackburn         Grassley           Roberts                        [Rollcall Vote No. 126 Ex.]                 read as follows:
                                               Blunt             Hawley             Romney
                                               Boozman           Hoeven
                                                                                                                           YEAS—55                               Motion to proceed to Calendar No. 483, S.
                                                                                    Rounds
                                               Braun             Hyde-Smith         Rubio              Alexander          Crapo                Johnson         4049, to authorize appropriations for fiscal
                                               Burr              Inhofe             Sasse              Barrasso           Cruz                 Jones           year 2021 for military activities of the De-
                                               Capito            Johnson            Scott (FL)         Blackburn          Daines               Kennedy         partment of Defense, for military construc-




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                                               Cassidy           Kennedy                               Blunt              Enzi                 King            tion, and for defense activities of the Depart-
                                                                                    Scott (SC)
                                               Cornyn            Lankford                              Boozman            Ernst                Lankford        ment of Energy, to prescribe military per-
                                                                                    Shelby
                                               Cotton            Lee                                   Braun              Fischer              Lee
                                               Cramer            Loeffler
                                                                                    Sullivan           Burr               Gardner              Loeffler
                                                                                                                                                               sonnel strengths for such fiscal year, and for
                                               Crapo             McConnell          Thune              Capito             Graham               Manchin         other purposes.
                                               Cruz              McSally            Tillis             Cassidy            Grassley             McSally                           CLOTURE MOTION
                                               Daines            Moran              Toomey             Collins            Hawley               Moran
                                                                                    Wicker                                                                       Mr. MCCONNELL. Mr. President, I
                                               Enzi              Murkowski                             Cornyn             Hoeven               Murkowski
                                               Ernst             Paul               Young              Cotton             Hyde-Smith           Paul            send a cloture motion to the desk for
                                               Fischer           Perdue                                Cramer             Inhofe               Perdue          the motion to proceed.



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S3171
                                                 The PRESIDING OFFICER. The clo-                       and universities—are stronger today                    hope in this country for a little Black
                                               ture motion having been presented                       because of President Trump than they                   boy like me—14 years old. I failed
                                               under rule XXII, the Chair directs the                  ever have been.                                        Spanish, English, world geography, and
                                               clerk to read the motion.                                 The time to act is now and to stop                   civics.
                                                 The senior assistant legislative clerk                playing politics and pandering to the                    Civics, as we all know, is as close as
                                               read as follows:                                        Democratic base, and let’s get some-                   it gets to failing politics. I will say
                                                              CLOTURE MOTION                           thing done. This bill was never in-                    that, today, this body, as a whole, is
                                                 We, the undersigned Senators, in accord-              tended to be an end all. It was intended               failing civics, or is failing in politics.
                                               ance with the provisions of rule XXII of the            to be a platform for constructive de-                    As the Lord would have it, I had an
                                               Standing Rules of the Senate, do hereby                 bate, and here we are with only two                    amazing mother who believed that it
                                               move to bring to a close debate on the mo-              Democratic Senators voting to even                     was her responsibility to pray me out
                                               tion to proceed to Calendar No. 483, S. 4049,           start the debate.                                      of the hard situations I found myself
                                               a bill to authorize appropriations for fiscal             I yield to Senator TIM SCOTT.                        in, and I had the good fortune of meet-
                                               year 2021 for military activities of the De-              Mr. SCOTT of South Carolina. I                       ing a mentor after I got through sum-
                                               partment of Defense, for military construc-                                                                    mer school, who redirected me. I pulled
                                                                                                       thank the Senator from Georgia.
                                               tion, and for defense activities of the Depart-                                                                myself together with the help of a pow-
                                               ment of Energy, to prescribe military per-
                                                                                                         Mr. President, there is scripture in
                                               sonnel strengths for such fiscal year, and for          the Bible in the Book of Ezekiel, chap-                erful family, a praying grandmother,
                                               other purposes.                                         ter 33, somewhere around verse 6. This                 and a whole lot of faith. I caught up
                                                   Mitch McConnell, Marsha Blackburn,                  scripture talks about a watchman on a                  with my class, and I graduated on
                                                     Joni Ernst, John Boozman, Steve                   wall, and his job is to simply say there               time. I earned a small football scholar-
                                                     Daines, Cory Gardner, Pat Roberts,                is danger coming. It is a very impor-                  ship. I went to college and earned a de-
                                                     Mike Rounds, Mike Crapo, Roger F.                 tant job. The watchman’s job is to sim-                gree in political science.
                                                     Wicker, Cindy Hyde-Smith, Lamar                   ply say there is danger coming.                          Along the way, as a youngster, I
                                                     Alexander, Shelley Moore Capito, Rob                                                                     joined the NAACP. I joined the Urban
                                                                                                         As Senator PERDUE said, I had that
                                                     Portman, Roy Blunt, John Barrasso,                                                                       League. I joined many organizations in
                                                     John Thune.                                       conversation 5 years ago. I didn’t find
                                                                                                       anyone on the other side who was will-                 the community because I knew that
                                                 Mr. MCCONNELL. I ask unanimous                        ing to engage in that conversation                     part of my responsibility was to be so-
                                               consent that the mandatory quorum                       then, and here we are 5 years later.                   cially engaged and to make a dif-
                                               call be waived.                                         There is danger coming. I want us to                   ference no matter how small that dif-
                                                 The PRESIDING OFFICER. Without                        hear this clearly because, as we look                  ference would be. The one organization
                                               objection, it is so ordered.                            out on the streets of America and we                   I didn’t even think about joining was
                                                 The Senator from South Carolina.                      see more unrest and we see more chal-                  the Republican Party. Why would I
                                                 Mr. SCOTT of South Carolina. Mr.                      lenging situations, realize that there is              ever think about joining the Repub-
                                               President, I yield 2 minutes to the Sen-                danger coming.                                         lican Party? While growing up, every
                                               ator from Georgia.                                        The watchman’s responsibility is to                  African American and every Black per-
                                                 The PRESIDING OFFICER. The Sen-                       call out the danger, and as the blood-                 son I knew of was wed to the Demo-
                                               ator from Georgia.                                      shed happens, the blood, according to                  cratic Party because it was better to
                                                                THE JUSTICE ACT                        Ezekiel, will not be on the hands of the               have a seat in the room than to be out-
                                                 Mr. PERDUE. Mr. President, I stand                    watchman, but if he does not shout                     side. That was the heritage I grew up
                                               in strong support of and solidarity with                out, if he does not articulate that there              in.
                                               my colleague and good friend from                       is danger coming, then the blood will                    Let me fast-forward to where we are
                                               South Carolina, TIM SCOTT.                                                                                     today, and I will return to that.
                                                                                                       be on his hands.
                                                 It was 5 years ago when a White man                                                                            We lost—I lost—a vote today on a
                                                                                                         There is danger coming. We are in
                                               walked into a church in Charleston,                                                                            piece of legislation that would have led
                                                                                                       dangerous times. The source of this
                                               SC. After going through 1 hour of Bible                                                                        to the systemic change in the relation-
                                                                                                       danger is not the failure of this bill on
                                               study—after they prayed for him and                                                                            ship between communities of color and
                                                                                                       this floor at this time. No, this is mere-
                                                                                                                                                              the law enforcement community. We
                                               read the Bible to him—he pulled out a                   ly a symptom of the danger that, I be-
                                                                                                                                                              would have broken this concept in this
                                               gun and shot the nine people in that                    lieve, is right in front of us. This is
                                                                                                                                                              Nation that somehow, some way, you
                                               Bible study.                                            only a symptom of a much deeper
                                                                                                                                                              have to either be for law enforcement
                                                 Not long after that, the Presiding Of-                issue—a systemic problem. Let me ex-
                                                                                                                                                              or for communities of color. That is a
                                               ficer and I attended one of the funerals                plain.
                                                                                                                                                              false binary choice. It is just not true.
                                               in Charleston, SC, and TIM was there.                     I am a kid who grew up in poverty—                     This legislation spoke to the impor-
                                               Any other city in America would not                     in abject poverty in many ways. There                  tant issues that have brought us here
                                               have dealt with it the way Charleston,                  is much worse poverty in America and,                  today. We wouldn’t be here, as Senator
                                               SC, did. Charleston, SC, dealt with it                  certainly, around the world than that                  PERDUE alluded to, if it were not for
                                               with love, which is something we don’t                  in which I grew up. I am talking about                 the death of yet another African-Amer-
                                               talk about very often, and TIM SCOTT                    the poverty of when you come home                      ican man, George Floyd. His murder is
                                               was there. Because of his time in grade                 and hit the light switch, and there is                 why the country has given us the op-
                                               and because of that mayor and because                   no light. I am talking about the kind of               portunity to lead, but my friends on
                                               of the Black leaders in that town and                   poverty of having a phone attached to                  the other side just said no, not no to
                                               the time in grade they had had with                     the wall, and when you picked it up,                   the legislation. They just said no.
                                               each other, they moved forward and                      there was no sound. There are people                     Why am I saying that they didn’t
                                               overcame that tragedy.                                  who have lived in worse poverty than I,                just say no to the legislation?
                                                 Five years ago, TIM SCOTT put a bill                  but that is poverty from my perspec-                     It is that, along the way, I sat down
                                               on this floor, and we ended up then in                  tive, and I lived in that poverty.                     with many of them and asked: What do
                                               exactly the same place we are now—                        One of the challenging situations of                 you need?
                                               doing absolutely nothing. How many                      poverty that manifests is hopelessness.                  Senator SCHUMER sent a letter, tell-
                                               more Black men and women will have                      I was that hopeless kid in America,                    ing, I believe it was, Senator MCCON-
                                               to die in America before this body                      mired in poverty, in a single-parent                   NELL that there were five things in the
                                               stops playing politics with race?                       household, under the impression that                   legislation that needed to be improved.
                                                 It is very clear to me, in having                     the only way I could escape poverty




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                                                                                                                                                              I said: Let’s give them the five amend-
                                               worked hard on justice reform, that                     would be through athletics or through                  ments.
                                               there are opportunities—with $75 bil-                   entertainment. I was hopeless. From 7                    I sat down with more Senators, and
                                               lion going into the most economically                   years old to 14 years old, I drifted, and              they said: Wait. It is not just five.
                                               challenged communities in our coun-                     all drifting leads one in the wrong di-                There are 20. I asked: How about 20
                                               try—because of TIM SCOTT, President                     rection. I failed high school. I embar-                amendments? And they walked out.
                                               Trump, and all that we are doing.                       rassed my mom, who was working 16                        You see, this process is not broken
                                               HBCUs—our historically Black colleges                   hours a day, because I felt there was no               because of the legislation. This is a



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                                               S3172                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               broken process beyond that one piece                      I thought—you know, I don’t have                     who is actually reporting on the bill
                                               of legislation.                                         any hair, so I didn’t pull it out, but                 has actually read the bill, because the
                                                  It is one of the reasons why commu-                  here is what I said next. I said: Well,                next time I see another story or edi-
                                               nities of color—young Americans of all                  let’s talk about tactics, then.                        torial that says we don’t do this, their
                                               colors—are losing faith in the institu-                   They said: Well, you don’t ban choke                 bill does that, and you put the two to-
                                               tions of authority and power in this                    holds.                                                 gether, and it is not just off, it is just
                                               Nation, because we are playing small                      I was like, I could have sworn I                     dead wrong—I realized, finally, it is the
                                               ball. We are playing for those in the in-               banned choke holds in there some-                      who that is offering this.
                                               sulated chambers. We are playing for                    where, and then I read the bill. They                    I have dealt with the problem of who
                                               Presidential politics. That is small                    don’t ban choke holds at the local                     before. As a Black man, I get the who
                                               ball. Playing the big boys’ game is                     level, at the State level. Do you know                 being the problem. It is one of the rea-
                                               playing for the kids who can’t rep-                     why? There is this little thing called                 sons I went to Senator MCCONNELL and
                                               resent themselves, and if you don’t like                the Constitution. They can’t ban choke                 said: I want to lead this conversation.
                                               what you see, change it.                                holds. Eric Gardner’s situation would                  I am the person in our conference who
                                                  We offered them opportunities—at                     not have been cured by their ban on                    has experienced firsthand racial dis-
                                               least 20, I offered—to change it, and                   choke holds because their ban on choke                 crimination, racial profiling by law en-
                                               their answer to me was, you can’t offer                 holds was for Federal agents. Our legis-               forcement, and I am still a fan because
                                               us 20 amendments.                                       lation instructed the Attorney General                 I believe that most law enforcement of-
                                                  I said: Why not?                                     to ban choke holds for Federal agents.                 ficers are good. But I am the guy. I am
                                                  They said: Well, because MITCH                         What else did we do? Well, we said we                your guy, MITCH, because this is my
                                               MCCONNELL won’t give you 20 amend-                      would reduce funding by 20 percent.                    issue. This is an issue for every poor
                                               ments.                                                  They reduced funding by 10 percent. So                 kid growing up in every poor neighbor-
                                                  I spoke to MITCH MCCONNELL. He                       our penalty was twice the penalty of                   hood in this Nation who feels like,
                                               said: You can have 20 amendments.                       the other side, and this is supposed to                when I leave my home for a jog, I
                                                  I told them that.                                    be an issue.                                           might not come back.
                                                  We went to a press conference yester-                  I am not sure we have found the                        This is a serious issue. This is an
                                               day, and we said: An open process.                      issue. We haven’t. It is not choke                     issue for every single kid who says: Is
                                                  They didn’t want an open process.                    holds. It is not the duty to intervene. It             this my country? We have heard no.
                                               They want one thing. I am going to get                  is not data collection, because I said:                  This is the issue that we should be
                                               to that.                                                On choke holds?                                        solving, not the legislative issue. That
                                                  So I asked my friends—I said: What                     They said: Senator—I sat there at                    is not the issue. The issue is, do we
                                               is it you don’t like about where we are                 their meeting with them—it is your                     matter? We had an opportunity to say:
                                               going?                                                  definition of ‘‘choke holds’’ that is the              You matter so much, we will stay on
                                                  They said: Well, the data collection                 problem.                                               this floor for as long as it takes and as
                                               area. This is the problem. The data col-                  See, I assumed that when you think                   many amendments as it takes for us to
                                               lection area is the problem.                            of choke holds, you think of a choke                   get to the issue that says ‘‘Yes, you
                                                  I said: Well, tell me the problem.                   hold, but there is a distinction of the                matter.’’ But we said no today. Fifty-
                                                  Well, the problem is that we are not                 carotid airflow versus blood flow. They                six people said yes—four short—four
                                               collecting data.                                        said ours covered only one, not the                    short of saying yes; yes to having
                                                  I am like, well, wait a second. I could              other.                                                 enough information to direct training
                                               have sworn when I wrote the legisla-                      I said: OK. You can have an amend-                   and resources in such a way that we
                                               tion, we were collecting data. So I                     ment. I will vote for it. We will change               could hold people accountable. We were
                                               flipped through the pages and realized                  it.                                                    four votes short of saying yes to having
                                               we are collecting data for serious bod-                   They said: We are not here to talk                   a powerful tool of pulling resources to
                                               ily injury and death.                                   about that.                                            compel behavior on choke holds, be-
                                                  They said: Well, we want to collect                    I said: Wait a second. If we are not                 cause I believe that if we had gotten on
                                               data on all uses of force.                              here to debate the issue on the motion                 the bill, we would have passed this bill.
                                                  I said: Put it in an amendment, and I                to proceed so that we can fix not 50                     But that is the problem, by the way.
                                               will support it.                                        percent of the bill, not 70 percent of the             That is the who I am talking about.
                                                  That was just one bone of contention.                bill, but literally slivers, slight                    See, as a Black guy, I know how it feels
                                               I said: Well, tell me another one.                      changes on parts of the bill that would                to walk into a store and have the little
                                                  They said: Our bone of contention is                 move this entire process forward, and                  clerk follow me around, even as a U.S.
                                               that we need you to ban no-knock war-                   you have the amendment to do so—I                      Senator. I get that. I have experienced
                                               rants because of the Breonna Taylor                     even said something that I didn’t think                that. I understand the traffic stops. I
                                               situation.                                              I would say. I said: What about a man-                 understand that when I am walking
                                                  I said: Your bill does not ban no-                   agers’ amendment? Let’s just fix every-                down the street and some young lady
                                               knock warrants for the Breonna Taylor                   thing in one fell swoop.                               clutches her purse and my instinct is
                                               situation; your bill bans it for Federal                  They said: No, thank you.                            to get a little farther away because I
                                               agents. There was not a Secret Service                    So I find it disingenuous that people                don’t want any issues with anybody. I
                                               agent showing up at Breonna Taylor’s                    say: Well, why don’t you just sit down                 understand that. But what I miss in
                                               door; that was a local police depart-                   with one Member and work it out?                       this issue is that the stereotyping of
                                               ment.                                                     Well, if a managers’ amendment                       Republicans is just as toxic as poison
                                                  So the fact that they are saying they                won’t do it, if the 5 amendments they                  to the outcomes for the most vulner-
                                               want to ban no-knock warrants know-                     wrote in a letter saying that they need-               able communities in this Nation. That
                                               ing they cannot ban no-knock warrants                   ed to have these things fixed won’t do                 is the issue.
                                               tells me that this is not about the un-                 it, if 20 amendments won’t do it, and                    When Speaker PELOSI says one of the
                                               derlying issue. It is bigger than that.                 you have an open process on the floor                  most heinous things I can imagine—
                                                  I said: Well, I will give you an amend-              of the U.S. Senate that requires 60                    that the Republicans are actually try-
                                               ment, though, and we can have that                      votes to get off of the bill, then what,               ing to cover up murder, the murder of
                                               fight on the floor of the U.S. Senate.                  pray tell, is the problem?                             George Floyd, with our legislation—
                                                  As a matter of fact, I said: Tell me                   Well, I finally realized what the prob-              that is not politics. That is not a game




SSpencer on DSK126QN23PROD with SENATE
                                               any issue you have with the legisla-                    lem is. The actual problem is not what                 to win. That is, you lose—you will
                                               tion.                                                   is being offered; it is who is offering it.            sooner or later lose—but immediately,
                                                  Well, we went through deescalation                   It took me a long time to figure out                   every kid around the Nation who heard
                                               training, the duty to intervene, best                   the most obvious thing in the room. It                 that nonsense lost at that moment.
                                               practices.                                              is not the what. I have listened to the                  You see, what has become evident to
                                                  I said: In the legislation. In the legis-            press conferences. I have read the                     me is that she knows something that
                                               lation. In the legislation.                             newspapers. I am not sure that anyone                  we all know. She knows she can say



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S3173
                                               that because the Democrats have a mo-                   but it is true of most corridors of the                for HBCUs than ever—brought to you
                                               nopoly on the Black vote. No matter                     Nation. And this party has reinforced                  by the Republican Party.
                                               the return on their loyalty—and I am                    that truth, not by the words coming                      I said: Well, that is working. Let’s do
                                               telling you, the most loyal part of the                 out of my mouth but by the actual leg-                 it again.
                                               Democratic construct is Black commu-                    islation signed into law.                                So we went to stem cell research,
                                               nities—no matter the loyalty of the                        Senator PERDUE started talking                      which—stem cell research for sickle
                                               people, the return they get will always                 about the important work that we did                   cell anemia, which is a 100-percent—ba-
                                               continue to go down because in monop-                   on opportunity zones—and I am going                    sically speaking, 99.5 percent—African-
                                               olies, you start devaluing your cus-                    to wrap it up in 2 minutes here. It is                 American disease. He said yes.
                                               tomer.                                                  lunchtime.                                               LAMAR ALEXANDER, the chairman of
                                                 You see, today we could have given                       In 2017 we passed tax reform. I in-                 our Health, Education, Labor, and Pen-
                                               at the very minimum 70 percent of                       cluded in the opportunity zones—$75                    sions Committee—we were fighting
                                               what they say would be important for                    billion—real money to the most dis-                    over funding for HBCUs. We made it
                                               the people we say we serve, but instead                 tressed communities in this Nation.                    permanent—permanent funding for the
                                               of having a debate on that today and                    How did that happen? Well, President                   HBCUs led by a Republican chairman
                                               not getting 5 amendments but 20                         Trump and I had a serious disagree-                    of the Health, Education, Labor, and
                                               amendments, a managers’ amend-                          ment on his comments after Char-                       Pensions Committee, President Trump
                                               ment—instead of going forward and                       lottesville. He, being a person I was not              signs it, and we have delivered historic
                                               getting what you want now, they have                    looking forward to having a conversa-                  funding and permanent funding for
                                               decided to punt this ball until the elec-               tion with, invited me to the Oval Of-                  HBCUs.
                                               tion. Do you know why? Because they                     fice. I sat down with him, and I said:                   Because I am running out of time, I
                                               believe that the polls reflect a 15-point               What do you want to talk about?                        am not going to go through the pre-
                                               deficit on our side; therefore, they can                   The President said: Tell me about                   pandemic numbers in minority commu-
                                               get the bill they want in November. All                 your perspective on racial history.                    nities for unemployment—unemploy-
                                               they have to do is win the election, and                   I was stunned because if you know                   ment not only at a record low, but we
                                               then roll in January, and they get a                    President Trump like I know President                  had labor force participation rates in-
                                               chance to write the police reform bill                  Trump, his love language is not words                  creasing. Let me say that differently.
                                               without our support at all.                             of encouragement. It just ain’t. I know                Not only did we get more jobs for
                                                 Well, this is what they did in the                    ‘‘ain’t’’ ain’t a word, but it is not.                 Black folks and Brown folks, but the
                                               House, right? No amendments in the                         He listened, and at the end of our                  number of folks in the community—we
                                               House of Representatives on their bill.                 conversation, he simply said: Tell me                  started having an increase in the num-
                                               We are saying amendments on our side.                   how to help those I have offended.                     ber of folks working.
                                               Democrats are saying no amendments                         I didn’t know what to say, so I pulled                This is called basic conservative poli-
                                               in the House, but you here in the U.S.                  out my back pocket and got oppor-                      tics. It works, creating 7 million new
                                               Senate, because we are the world’s                      tunity zones. I didn’t go there prepared               jobs benefiting two-thirds of African
                                               greater deliberative body, you can have                 for him to listen. That is not supposed                Americans, Hispanics, and women, and
                                               amendments—not in the House, not                        to be funny, but it is. I mean, I didn’t               with a full economy, all boats started
                                               under Speaker PELOSI, but under Lead-                   expect him to listen, but he did. He lis-              rising. Don’t believe me, check your
                                               er MCCONNELL, you get at least 20                       tened. He leaned in, and he said: Tell                 accounts. That is what it looks like.
                                               amendments. And I thought, what the                     me how to help the folks I have of-                      COVID–19 hit us, and what did we do?
                                               heck, I will throw in the managers’                     fended.                                                We not only approved $2.3 trillion and
                                               amendment too. But that was not good                       I said: Let’s work on opportunity                   then another $500 or so billion dollars,
                                               enough because the irony of the story                   zones together.                                        and $450 billion that would be multi-
                                               is not the bill; the irony of the story is                 He said: Yes.                                       plied in the commercial facilities by
                                               that today and through the rest of                         I said: What?                                       probably 7 or 8—a $6 trillion relief
                                               June and all of July, what we are going                    He said: Yes.                                       package. What did we do inside that
                                               to have here is, instead of gaining 70                     He was concerned enough about the                   package? We targeted small businesses
                                               percent of what you wanted, or more,                    communities he had literally just of-                  to save small businesses, and, by the
                                               you are going to get zero. How is that                  fended. He was concerned enough to go                  way, we added $1 billion for histori-
                                               for a return? How is that for loyalty?                  to work on their behalf. And that is                   cally Black colleges and universities.
                                               How does that work for the little kid                   why we have opportunity zones.                           Let me tell you what the biggest
                                               at home in North Charleston where                          I was like, well, this might work                   threat is. The biggest threat is that
                                               Walter Scott got shot? How does that                    again. So I went back to the President                 this Republican Party keeps showing
                                               work around the country when, instead                   and said: You know, there is a lot of                  up and delivering. I have 12 more pages
                                               of getting 70 percent of what you want-                 work that needs to be done around the                  to go. It is like being at church with
                                               ed, today and tomorrow and next week                    HBCUs, historically Black colleges and                 my closing. I have 12 more pages of ac-
                                               you get zero, and you are going to wait                 universities. He said yes. He said yes.                complishments to talk about. I am not
                                               until the election to get more? OK.                     We said yes.                                           going to talk about it. Don’t look re-
                                               Well, why wouldn’t you take the 80 per-                    Let me just tell you this: When we                  lieved. I am not going to talk about it.
                                               cent now, see if you can win the elec-                  started saying yes, we controlled the                  I am just here to state that if we are
                                               tion, and add on the other 20 percent?                  White House, we controlled the Senate,                 going to be serious about criminal jus-
                                               You have got to be kidding me.                          and we controlled the House. So it                     tice reform—and we passed it with the
                                                 Because the who matters, they can-                    wasn’t because some Democrat came                      House, Senate, and the White House in
                                               not allow this party to be seen as a                    over here and said: In order to get our                the hands of Republicans. We passed
                                               party that reaches out to all commu-                    votes, you have to do this. That is not                criminal justice reform to make up for
                                               nities in this Nation. Unfortunately,                   what happened. He said yes because the                 the Democrat bill—the 1994 crime bill
                                               without the kind of objectivity in the                  Republican Party said yes. We stood                    that locked up disproportionately Afri-
                                               media that is necessary to share the                    together with all three leaders of gov-                can-American men. The Republican
                                               message of what is actually happening,                  ernment under our control. We got op-                  Party passed criminal justice reform
                                               no one will ever know because if you                    portunity zones done. We started a                     with all three levers in our hands.
                                                                                                       process of reinvesting in historically                   I am frustrated. I am frustrated be-




SSpencer on DSK126QN23PROD with SENATE
                                               don’t read it in the paper, it must not
                                               have happened. If you don’t see it on                   Black colleges and universities. And                   cause it is not a competition for the
                                               TV, on MSNBC or CNN, it must not be                     the head of the United Negro College                   best ideas. It is not a competition for
                                               true. That is a problem.                                Fund said at my last fly-in that this is               how to improve the poorest performing
                                                 Let me just say this: I think we are                  a record level of funding ever—his                     schools in America in the public edu-
                                               willing to compete for every vote ev-                   words, not mine. I am not sure what                    cation system that is consistently in
                                               erywhere, all the time. That might not                  ‘‘ever’’ is. Maybe that is longer than I               Black and Brown communities—that
                                               be true in every corridor of the Nation,                have been alive. Literally more money                  your ZIP Code determines the outcome



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                                               S3174                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               of your life because you are not going                  but I voted no on the how. We tried it                 put these bills together and have a
                                               to have a good education because we                     the wrong way. Let’s try it the right                  markup and let people offer amend-
                                               will not touch teachers’ unions and we                  way. My colleague from South Carolina                  ments with a 50-percent-vote threshold
                                               will not touch education in the way                     acts as if this discussion is over. It is              and then report out a bipartisan bill.
                                               that needs to be touched.                               only over for those who want it to be                  Why would the Judiciary Committee
                                                 Governor SCOTT did it before he was                   over. We tried it the wrong way. Let’s                 not do it?
                                               a Senator. That is one of the reasons                   try it the right way.                                     I believe the leaders of the com-
                                               why I went down there and campaigned                      What do I mean by that?                              mittee wanted to do it, but I believe
                                               for him, because he was serious about                     I think everyone in the Chamber                      they were told not to do it. They were
                                               helping poor kids get up and move on.                   knows what I mean by this. This is an                  told that we are not going to use the
                                                 Let me just close with this. I don’t                  amazingly important topic that is ex-                  committee process on this. We are
                                               know what it is going to take to wake                   citing deep and legitimate concerns in                 going to force this to a floor vote, a
                                               up an entire nation about the impor-                    the streets of every community in this                 snap vote, and then, when it goes down,
                                               tance of a duopoly and not a monopoly.                  country.                                               we will say: Democrats killed it. It is
                                               Look at the results. Look at the re-                      There are two good-faith bills that                  all over. Move on to the next issue.
                                               sults you are getting.                                  have been introduced dealing with po-                     This is only over for anyone who
                                                 By the way, when this bill is gone,                   lice reform. I see virtues in both. I                  wants it to be over.
                                               and next week we are on the NDAA or                     favor the Democratic bill, but that                       I think the vote today says: We are
                                               something else, we will forget about                    does not mean that I don’t see virtues                 not going to do it ‘‘my way or the high-
                                               this. We will move on. People will for-                 in the Scott bill.                                     way.’’ We ought to do it the right
                                               get about it. And do you know what is                     I have only been in the Senate 7                     way—the way we do the NDAA, the
                                               going to happen? Something bad. And                     years. I am not an expert on procedure,                way we did the FIRST STEP Act. The
                                               we will be right back here talking                      as some are who are standing in the                    FIRST STEP Act, criminal justice re-
                                               about what could have been done, what                   Chamber right now, but my service                      form, Democrats and Republicans
                                               should have been done, why we must                      tells me that there is a clear path to a               working together, in committee and
                                               act. I am telling you, I had this con-                  bipartisan police reform bill that will                then negotiating with Jared Kushner
                                               versation 5 years ago, and I am having                  do a good job and will speak to an                     and others at the White House—we did
                                               this conversation right now. We could                   America that wants to see leadership                   something good that all can take cred-
                                               do something right now.                                 that is bipartisan.                                    it for.
                                                                                                         It is obvious. These bills are both in                  How about the CARES Act? There is
                                                 You know, here is the truth. Detroit,
                                                                                                       the province of a Judiciary Committee                  a recent example of this. The CARES
                                               Atlanta, Minneapolis, Los Angeles,
                                                                                                       that is chaired by a Republican from                   Act was an unusual one. We were under
                                               Philadelphia, and all of these cities
                                                                                                       South Carolina, LINDSEY GRAHAM,                        an emergency. We were socially distant
                                               could have banned choke holds them-
                                                                                                       whose ranking member, DIANNE FEIN-                     from each other. We couldn’t even be in
                                               selves. They could have increased the
                                                                                                       STEIN, has been on that committee for
                                                                                                                                                              the same room as we were negotiating
                                               police reporting themselves. They
                                                                                                       a very long time. Why are these bills                  it, and it was in multiple committees’
                                               could have more data information
                                                                                                       not being taken up in a committee                      jurisdiction. So it wasn’t as if one com-
                                               themselves. They could have deescala-
                                                                                                                                                              mittee was taking it up. But there was
                                               tion training themselves. They could                    with a Republican majority and de-
                                                                                                                                                              good-faith, bipartisan negotiation on
                                               have duty to intervene themselves,                      bated and marked up and reported to
                                                                                                                                                              the different pieces of it.
                                               Minneapolis as well. All of these com-                  the floor in a bipartisan way?                            One day, Leader MCCONNELL called us
                                               munities have been run by Democrats                       I serve on the Armed Services Com-
                                                                                                                                                              all back to Washington on a Sunday to
                                               for decades—decades.                                    mittee. That is what we do every year
                                                                                                                                                              vote—not on the bipartisan negotiated
                                                 What is the ROI for the poorest peo-                  with the NDAA. We introduce it, we let
                                                                                                                                                              bill but on a partisan version. And,
                                               ple in this Nation? And I don’t blame                   members have the ability to offer
                                                                                                                                                              again, Democrats on this side of the
                                               them. I blame an elite political class                  amendments that can be voted on by a                   aisle said: We are not ready to proceed.
                                               with billions of dollars to do whatever                 simple majority vote in committee. We                  We are in the middle of bipartisan dis-
                                               they want to do. And look at the re-                    get to the end of a process and when no                cussions. We are not ready to proceed
                                               sults for the poorest, most vulnerable                  one has an amendment left, we then                     to the partisan bill because we are in
                                               people in our Nation. I am willing to                   have a final bill, and then we vote it                 the middle of bipartisan discussions
                                               compete for their vote. Are you?                        out overwhelmingly bipartisan. The                     that will have the payoff for this coun-
                                                 (Applause, Senators rising.)                          NDAA came out of committee 2 weeks                     try, and so we voted no—not on the
                                                 The PRESIDING OFFICER. The Sen-                       ago on a 26-to-2 vote. We will be taking               what, not on the who. We voted no on
                                               ator from Virginia.                                     it up on the floor.                                    the how.
                                                 Mr. KAINE. Mr. President, I came to                     I am on the HELP Committee. I have                      We are not ready to proceed to a par-
                                               the floor to hear my colleague from                     a wonderful chair and ranking member                   tisan, ‘‘my way or the highway’’ bill
                                               South Carolina, with no notes and with                  in Senators ALEXANDER and MURRAY,                      when we are engaged in bipartisan dis-
                                               an open heart and open ears, because I                  and we tackle tough issues with a com-                 cussions that can find a solution that
                                               knew he would be very disappointed                      mittee that has some big personalities                 is good for the country. Guess what
                                               that the motion to proceed failed and                   on it. I have a couple of them in the                  happened. Three days later, after that
                                               that he would have strong feelings                      room with me now. There is great ideo-                 ‘‘no’’ vote, we were here on the floor
                                               about that because of his earnest desire                logical diversity on that committee,                   voting yes—voting yes to a bipartisan
                                               to do police reform. I don’t question                   but we take up tough issues, and we                    bill that helped individuals and fami-
                                               that desire or the desire of any of the                 don’t always solve them, but we usu-                   lies, that created a grant program for
                                               cosponsors of this bill, just as I hope                 ally do when we put our minds to it                    small businesses, a loan program for
                                               colleagues on the other side don’t ques-                and report something to the floor and                  large businesses, aid to State and local
                                               tion the sincerity of Senators BOOKER                   we do it in a bipartisan way. When it                  governments, aid to hospitals and nurs-
                                               and HARRIS and those who cosponsored                    comes in a bipartisan way, there is a                  ing homes and healthcare providers.
                                               their bill. But I came with no notes to                 great chance that we get action here                   We voted no on the ‘‘my way or the
                                               listen to my colleague and then to offer                on the floor. That is the right way to                 highway’’ and said: Stay at the table
                                               a word of explanation.                                  do things. It respects the traditions of               with us. Let’s have bipartisan discus-
                                                 I am one of the 44 people who voted                   the body, because it is a majority that




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              sions, and we can get to a yes.
                                               no. The Senator from South Carolina                     runs the committee, but it allows those                   And even as Members of this body
                                               said that those who voted no on the                     who have devoted themselves to health                  were being diagnosed with coronavirus
                                               motion to proceed didn’t vote on the                    issues or armed services issues or judi-               or exposed to it, we stayed at the table
                                               what; we voted no on the who. That is                   ciary issues to offer their thoughts.                  until we could get the work done, and
                                               a stiff charge. That is a stiff charge.                   When these bills were introduced, I                  we did it for the good of the country.
                                                 What I want to say is this. I voted no                assumed that a committee ably led by                      This discussion is not over unless
                                               not on the what and not on the who,                     Senators GRAHAM and FEINSTEIN would                    people want it to be over.



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3175
                                                 Senator KING and I, on Monday, sent                   poses an amendment to mark, isn’t it                   of inspiration I often turn to in times
                                               a letter to the two leaders and to the                  the standard to vote on the amendment                  of trouble.
                                               Judiciary Committee chair and rank-                     and if the majority of the committee                     First, in the Constitution: ‘‘We the
                                               ing member, and we said: For God’s                      approves, then the amendment is added                  people of the United States, in Order to
                                               sake, with a nation that is crying out                  to the bill?                                           form a more perfect Union, establish
                                               for solutions that can show some                          Mr. SASSE. There are so many dif-                    Justice. . . . ’’ That is the first men-
                                               unity, please do with this bill what we                 ferent procedures in the Judiciary                     tion in the Constitution.
                                               know will work and what has worked.                     Committee. You defined yourself as a                     Let us think how we in the United
                                                 Let the Judiciary Committee take it                   rookie who has been here for 7 years. I                States can help to establish justice, as
                                               up promptly and let them work and re-                   am a rookie to your rookie, and I am                   we are exhorted to do in the Constitu-
                                               port it to the floor, and we can do this                new on Judiciary. So there are a lot of                tion, which we are sworn to uphold and
                                               bill before the August recess and do it                 ways. The way you are defining it is                   defend.
                                               in a way where, in committee and on                     usually the model, but there is a whole                  The second set of words I would like
                                               the floor, everyone has a chance to par-                bunch of stuff that happens. You asked                 to share with you are from my col-
                                               ticipate and we can get a win for the                   for the question that falls into that,                 league and dear friend, the late Elijah
                                               American public that is critically im-                  but perhaps there is another comment                   Cummings, who represented Baltimore
                                               portant. It is my hope that we will still               that you can make.                                     in the Congress for many years. Rep-
                                               do that.                                                  Mr. KAINE. My experience on every                    resentative Cummings gave the eulogy
                                                 The tenor of some of the conversa-                    committee I have been on is that we                    for Freddie Gray in 2015, who died after
                                               tions is as if this is now over, in the                 leave it to a markup in the committee                  being arrested and taken into police
                                               rear-view mirror, not to be returned to                 with a simple majority, not allowing a                 custody. During Freddie Gray’s church
                                               until after November. I don’t accept                    simple majority amendment process in                   service, Elijah closed with a quote
                                               that. I don’t accept that. These bills                  committee, but saying ‘‘no, we will                    from the Old Testament Book of Amos:
                                               are pending. We have a Judiciary Com-                   give you some amendments on the                          I want justice—oceans of it. I want fair-
                                               mittee that can do this work.                           floor with a 60-vote threshold’’ is not                ness—rivers of it. That is what I want. That
                                                 I went to the Judiciary Committee                     the same thing. It doesn’t respect an                  is all I want.
                                               this morning to introduce a judicial                    individual’s ability to try to persuade                  The third story I want to share with
                                               nominee and asked members of the                        the majority of my colleagues, Demo-                   my colleagues is the inspiration I felt
                                               committee who were there: If these                      crats and Republicans, that it is a good               from reading Dr. Martin Luther King,
                                               bills were taken up in this committee,                  idea or not. That is why this bill was                 Jr.’s ‘‘Letter from a Birmingham Jail,’’
                                               could you find a bipartisan result? And                 not sent to committee but just put on                  in April of 1963. Dr. King wrote:
                                               the answer they gave to me was yes.                     the floor. So I don’t view that as fair,                 We know through painful experiences that
                                                 I didn’t vote no for the what. I didn’t               to respond.                                            freedom is never voluntarily given by the op-
                                               vote no for the who. I voted no for the                   I get Senator SCOTT, and I appreciate                pressor; it must be demanded by the op-
                                               how. I know how we can do this bill,                    him saying that we should have open                    pressed. Frankly, I have yet to engage in a
                                               and shame on us on a matter of such                     amendments on the floor. But depriv-                   direct action campaign that was ‘‘well-
                                               seriousness if we don’t engage in a                     ing people the ability to offer open                   timed,’’ [in the view] of those who have not
                                                                                                                                                              suffered unduly from the disease of segrega-
                                               process whose seriousness matches the                   amendments in a simple majority—can
                                                                                                                                                              tion. For years now I have heard the words
                                               gravity of the moment.                                  I convince the majority of my col-                     ‘‘Wait!’’ It rings in the ear of every Negro
                                                 With that, I yield the floor.                         leagues in the committee?—that is al-                  with a piercing familiarity. This ‘‘Wait’’ has
                                                 The PRESIDING OFFICER. The Sen-                       ready stacking the deck, in my view.                   almost always meant ‘‘Never.’’
                                               ator from Nebraska.                                       Mr. SASSE. I thank the Senator for                     We must come to see, with one of our dis-
                                                 Mr. SASSE. The Senator from Mary-                     his question. I told the Senator from                  tinguished jurors, that ‘‘justice too long de-
                                               land was first. I have 40 seconds to                    Maryland I would get out of his way,                   layed is justice denied.’’
                                               comment, but thank you.                                 and I thank him for the time.                            We have waited for more than 340 years for
                                                 I respect the Senator from Virginia,                    The PRESIDING OFFICER (Mrs.                          our constitutional and God given rights . . .
                                                                                                                                                              Perhaps it is easy for those who have never
                                               but I would like to note for the                        LOEFFLER). The Senator from Mary-
                                                                                                                                                              felt the stinging darts of segregation to say,
                                               RECORD, as somebody who spent a lot                     land is recognized.                                    ‘‘Wait.’’ But when you have seen vicious
                                               of time in the working group under                                   JUSTICE IN POLICING ACT                   mobs lynch your mothers and fathers at will
                                               Senator SCOTT’s leadership, that Sen-                     Mr. CARDIN. Madam President, over                    and drown your sisters and brothers at
                                               ator KAINE repeatedly said it was a                     the weekend, I was reflecting on the                   whim; when you have seen hate filled police-
                                               ‘‘my way or the highway’’ approach. I                   times that our Nation finds itself in                  men curse, kick and even kill your black
                                               just think it is really important for the               today. We are witnessing the rebirth of                brothers and sisters; when you see the vast
                                               RECORD for us to admit that this is an                                                                         majority of your twenty million Negro
                                                                                                       a new civil rights movement when it
                                                                                                                                                              brothers smothering in an airtight cage of
                                               open amendment process that has been                    comes to reforming our police depart-                  poverty in the midst of affluent society . . .
                                               proposed, and that some of the Demo-                    ments.                                                 when you have to concoct an answer for a
                                               crats who came to some of the meet-                       Americans now know the names of                      five year old son who is asking: ‘‘Daddy, why
                                               ings to negotiate were frankly stunned                  George Floyd, Breonna Taylor, Freddie                  do white people treat colored people so
                                               when Mr. SCOTT went from 5 amend-                       Gray, and so many others. The current                  mean?’’ . . . when you are harried by day and
                                               ments to 20 amendments, to whatever                     protests we have seen throughout the                   haunted by night by the fact that you are a
                                               number you want. That is the opposite                   Nation and throughout the world are a                  Negro, living constantly at tiptoe stance,
                                               of a ‘‘my way or the highway’’ ap-                      direct result of an incredible leap in                 never quite knowing what to expect next,
                                                                                                                                                              and are plagued with inner fears and outer
                                               proach. That language isn’t true. An                    technology, where individual citizens
                                                                                                                                                              resentments; when you are forever fighting a
                                               open amendment process where dozens                     and officers themselves can record                     degenerating sense of ‘‘nobodiness’’—then
                                               have been offered is not a ‘‘my way or                  interactions between police officers                   you will understand why we find it difficult
                                               the highway’’ approach.                                 and members of the community in real                   to wait. There comes a time when the cup of
                                                 Mr. KAINE. Would the Senator yield                    time.                                                  endurance runs over, and men are no longer
                                               for a question?                                           But these troubling interactions be-                 willing to be plunged into the abyss of de-
                                                 Mr. SASSE. Yes.                                       tween the police and the citizens they                 spair. I hope, sirs, you understand our legiti-
                                                 Mr. KAINE. Mr. President, the Sen-                    are sworn to protect and serve that we                 mate and unavoidable impatience.
                                               ator from Nebraska is a member of the                   saw on video is not new, but we now                      So this weekend, as I was thinking




SSpencer on DSK126QN23PROD with SENATE
                                               Judiciary Committee, isn’t that right?                  have the evidence. They just happened                  about our charge to establish justice in
                                                 Mr. SASSE. One of the most dysfunc-                   to be caught, creating stronger legal                  the Constitution and the pleas from
                                               tional committees in the Senate—I am.                   evidence of misconduct and abuse.                      Elijah Cummings and Dr. King, I con-
                                                 Mr. KAINE. When the Senator has                         Today, as our Nation experiences yet                 templated where we are today. We are
                                               markups in the Judiciary Committee                      another civil rights movement, this                    at a point in our Nation that we need
                                               on a bill like the FIRST STEP Act and                   time during a pandemic, I want to                      to make transformational change when
                                               someone, Democrat or Republican, pro-                   share with my colleagues some words                    it comes to our police officers and their



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                                               S3176                                             CONGRESSIONAL RECORD — SENATE                                                          June 24, 2020
                                               fundamental relationships with our                      when we made some modest improve-                      decades of pain, hardship, and devastation
                                               communities, in particular the Afri-                    ments to the FIRST STEP Act. That                      that Black people have and continue to en-
                                               can-American community and other                        was a bipartisan bill and started as a                 dure as a result of systemic racism and lax
                                                                                                                                                              policies that fail to hold police accountable
                                               communities of color. We can no longer                  bipartisan bill, and we were able to get
                                                                                                                                                              for misconduct.
                                               wait. We must make bold changes now.                    it enacted. The End Racial and Reli-
                                                 I agree with Leader SCHUMER and                       gious Profiling Act is designed to en-                    The letter goes on to say:
                                               Senators BOOKER and HARRIS, who are                                                                              Abusive policing practices, coupled with
                                                                                                       force the constitutional rights to equal
                                                                                                                                                              devastating state-sanctioned violence, have
                                               the authors of the Justice in Policing                  protections under law by eliminating                   exacted systemic brutality and fatality upon
                                               Act. My concern is that the legislation                 racial- and religious-based discrimina-                Black people since our nation’s founding. Po-
                                               authored by Senator SCOTT, the JUS-                     tory profiling at all levels of law en-                lice have shot and killed more than 1,000 peo-
                                               TICE Act, falls dangerously short for                   forcement by changing the policies and                 ple in the United States over the past year,
                                               what we need for comprehensive, effec-                  procedures.                                            and Black people are disproportionately
                                               tive, and transformational police re-                     It allows police to focus their work                 more likely than white people to be killed by
                                               form that our country and the Amer-                     more accurately, rather than wasting                   police. The current protests in our cities are
                                               ican people are demanding.                              resources on blanket stereotypes. It re-               a response not only to the unjust policing of
                                                 I, therefore, hope that Leader                                                                               Black people, but also calls for action to
                                                                                                       quires enhanced data collection for the                public officials to enact bold, comprehensive,
                                               MCCONNELL will negotiate with Leader                    Department of Justice to track and                     and structural change.
                                               SCHUMER so we can work on a bipar-                      monitor discriminatory profiling. It
                                                                                                                                                                 The letter concludes.
                                               tisan bill and establish a constructive                 holds State and local enforcement
                                                                                                                                                                . . . . Passing watered-down legislation
                                               starting point on policing reform. I lis-               agencies accountable by conditioning                   that fails to remedy the actual harms result-
                                               tened to the debate with Senator SCOTT                  Federal funds on the adoption of poli-                 ing in the loss of life is a moral statement
                                               and Senator KAINE, and I have seen                      cies and best practices to combat                      that is inconsistent with a genuine belief
                                               this before. When we bring a partisan                   profiling by officers. It eliminates,                  that black lives matter. Anything less than
                                               bill to the floor where there is no pre-                once and for all, discriminatory                       full support for comprehensive legislation
                                               arranged opportunity to offer the types                 profiling. It is in the Booker-Harris                  that holds police accountable is inexcusable.
                                               of amendments with simple majority                      bill. It is not in the Scott bill.                       Let me close my remarks once again
                                               votes so the rule of the Senate can pre-                  The underlying JUSTICE Act does                      by sharing some words from Dr. King,
                                               vail and when you start from a point                    not include any real national standards                from the March on Washington in 1963.
                                               that cannot lead to successful conclu-                  for law enforcement. By contrast, the                  In his famous speech at the foot of the
                                               sion, you shouldn’t start. You should                   Justice in Policing Act contains legis-                Lincoln Memorial on the National Mall
                                               go back to negotiate a truly bipartisan                 lation I authored, the Law Enforce-                    in Washington, DC, Dr. King said:
                                               bill.                                                   ment Trust and Integrity Act, which                      In a sense we’ve come to our nation’s cap-
                                                 We should use the model of the                        takes a comprehensive approach on                      ital to cash a check. When the architects of
                                               CARES Act legislation that was signed                   how local police organizations can                     our Republic wrote the magnificent words of
                                               into law in response to the COVID–19                    adopt performance-based standards to                   the Constitution and Declaration of Inde-
                                               pandemic. That was a bipartisan bill                                                                           pendence, they were signing a promissory
                                                                                                       ensure that instances of misconduct
                                                                                                                                                              note to which every American was to fall
                                               that was brought to the floor. Let me                   will be minimized through training and                 heir. This note was a promise that all men—
                                               just highlight a few of my concerns                     oversight. That legislation takes steps                yes, black men as well as white men—would
                                               with the JUSTICE Act.                                   to mitigate police violence by desig-                  be guaranteed the unalienable rights of life,
                                                 This legislation does not contain any                 nating resources for community devel-                  liberty and the pursuit of happiness. It is ob-
                                               mechanisms to hold law enforcement                      opment and the transformation of pub-                  vious today that America has defaulted on
                                               officers accountable in court for their                 lic safety practices.                                  this promissory note insofar as her citizens
                                               misconduct. For example, it makes no                      In Baltimore, we have ongoing Fed-                   of color are concerned . . . But we refused to
                                               changes in the law when it comes to                     eral partnerships with city law enforce-               believe that the bank of justice is bankrupt.
                                               qualified immunity or criminal intent                                                                          We refuse to believe that there are insuffi-
                                                                                                       ment and the Federal Justice Depart-                   cient funds in the great vaults of oppor-
                                               standards for law enforcement. Current                  ment following the tragic death of                     tunity of this nation. So we’ve come to cash
                                               legal standards have allowed law en-                    Freddie Gray, Jr. This is an example of                this check, a check that will give us upon de-
                                               forcement officers regularly to evade                   continued efforts to rebuild trust be-                 mand the riches of freedom and the security
                                               criminal liability for excessive use of                 tween communities and police and en-                   of justice.
                                               force and have shielded officers from li-               courages the establishment of more ef-                    Dr. King continued by saying:
                                               ability, even when they violate citi-                   fective police models.                                   We have also come to this hollowed spot to
                                               zens’ constitutional rights.                              The legislation I described provides                 remind America of the fierce urgency of now.
                                                 The JUSTICE Act does not imple-                       public safety innovation grants to help                This is no time to engage in the luxury of
                                               ment a public national misconduct reg-                  communities reimagine and develop                      cooling off or take the tranquilizing drug of
                                               istry necessary to ensure communities                   concrete, just, and equitable public                   gradualism. Now is the time to make real
                                               have information necessary to hold                                                                             the promise of democracy . . . Now is the
                                                                                                       safety approaches. This is in the Book-
                                               their law enforcement officers account-                                                                        time to lift our nation from the quicksands
                                                                                                       er-Harris bill. It is not in the Scott                 of racial injustice to the solid rock of broth-
                                               able. The JUSTICE Act fails to estab-                   bill. The JUSTICE Act does not ade-                    erhood . . . Now is the time to make justice
                                               lish a collection of all use-of-force                   quately address the issue of no-knock                  a reality for all God’s children. It would be
                                               data, data related to religious and ra-                 warrants in drug cases, nor does it ade-               fatal for the nation to overlook the urgency
                                               cial profiling, and it does nothing to                  quately address the use of choke holds.                of the moment . . .
                                               end harmful policing practices like ra-                 Finally, the legislation does not ad-                    The House of Representatives is
                                               cial and religious profiling.                           dress the issue of establishing a na-                  scheduled to pass their version of the
                                                 By contrast, the Justice in Policing                  tional use-of-force standard.                          Justice in Policing Act on Thursday.
                                               Act authored by Senators BOOKER and                       By contrast, the Justice in Policing                 Let us take up meaningful legislation
                                               HARRIS does contain legislation I au-                   Act changes the use-of-force standards                 in the Senate as the base bill nego-
                                               thored, the End Racial and Religious                    for officers so that deadly force be used              tiated between Democrats and Repub-
                                               Profiling Act. Why do we need that?                     only as a last resort, while requiring                 licans. Let us rise to the occasion and
                                               Studies have shown that Blacks are 3.6                  officers to employ deescalation tech-                  make the Founders of this Nation
                                               times more likely to be arrested for                    niques. Let me bring to my colleagues’                 proud.
                                               selling drugs, despite the fact that




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       attention a letter dated June 23, 2020,                  I suggest the absence of a quorum.
                                               Whites are more likely to sell drugs.                   from the Leadership Conference on                        The PRESIDING OFFICER. The
                                               Studies show that Blacks are 2.5 times                  Civil and Human Rights.                                clerk will call the roll.
                                               more likely to be arrested for pos-                       In the letter, the Leadership Con-                     The bill clerk proceeded to call the
                                               sessing drugs, despite using drugs at                   ferences writes to Congress:                           roll.
                                               the same rate as Whites.                                  We write to express our strong opposition              Ms. ERNST. Madam President, I ask
                                                 This is just wrong, and Congress and                  to S. 3985, the . . . [JUSTICE Act]. The JUS-          unanimous consent that the order for
                                               even President Trump recognized this                    TICE Act is an inadequate response to the              the quorum call be rescinded.



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                               S3177
                                                 The PRESIDING OFFICER. Without                        Iowa Police Officers Association. We                     Mr. BLUNT. I ask unanimous consent
                                               objection, it is so ordered.                            are only going to improve as a nation                  that the order for the quorum call be
                                                                THE JUSTICE ACT                        if we come together and make everyone                  rescinded.
                                                  Ms. ERNST. Madam President, the                      a part of the solution. We can do that.                  The PRESIDING OFFICER. Without
                                               murder of George Floyd captured the                     Iowa put politics aside, and they got it               objection, it is so ordered.
                                               attention and the emotions of the en-                   done. I wish we could see more of Iowa                   Mr. BLUNT. Mr. President, I heard
                                               tire world. In the weeks that have fol-                 in this Chamber.                                       your comments earlier today—and I
                                               lowed, folks around the world have                         We need both sides of the aisle to                  couldn’t agree more—on the impor-
                                               been crying out for a change, an end to                 unite and to pass Senator TIM SCOTT’s                  tance of us dealing with the issues that
                                               racial inequality and the beginning of a                JUSTICE Act. The JUSTICE Act offers                    were on the floor today that we failed
                                               new era of justice, understanding, and                  real solutions to police reform by in-                 to deal with. I heard our good friend
                                               healing. While sometimes uncomfort-                     creasing oversight, strengthening inci-                Senator SCOTT’s response to the way
                                               able, this conversation is much needed,                 dent report requirements, and ensuring                 his hard work was looked at and,
                                               and, in my opinion, it is long overdue.                 the correct use of body cameras. It in-                frankly, ignored.
                                               It should not have taken the loss of a                  cludes an issue that I have been work-                   When the Congress stops resembling
                                               life for us to begin to talk and listen                 ing to address: sexual misconduct with-                an honest and open discussion of the
                                               and to learn.                                           in our law enforcement.                                issues, I think it gives us a lot to be
                                                  I grew up in a predominantly White                      The JUSTICE Act is simply a com-                    concerned about. The solution should
                                               community, but as a young woman, I                      monsense approach to effective police                  be the goal. When Members of Congress
                                               was truly blessed to live, learn, and                   reform. The bill includes a number of                  are more interested in a bill that they
                                               work in communities that were rich in                   bipartisan provisions, including the                   believe to be perfect rather than seri-
                                               diversity. It is difficult to understand                antilynching proposal put forward by                   ously engaging in a debate, it raises a
                                               the unfairness someone faces due to                     Senators JOHN CORNYN and KAMALA                        lot of concerns about how we protect
                                               their skin color, but we can make time                  HARRIS. It is heartbreaking that the                   liberty and how we do our constitu-
                                               to listen. I did this last week when I                  bill to address these issues was blocked               tional duty.
                                               sat down with our own Senate Chap-                      by Senate Democrats.                                     I have been in the Congress for a
                                               lain, Barry Black.                                         The Senate exists so we can debate                  while, as some of my friends are more
                                                  For those who do not know him,                       these issues in a civil manner and                     than eager to point out, and I have
                                               Chaplain Black is a remarkable and in-                  reach a consensus so they aren’t re-                   never voted for a perfect bill—ever. I
                                               spiring person. After serving over 27                   solved in the streets. We can’t do that                have introduced a couple of perfect
                                               years in the U.S. Navy, he now serves                   if the other side chooses to shut down                 bills, but I have never voted for a per-
                                               as a spiritual guide for Senators and                   meaningful debate or give in to radical                fect bill. I have never voted for a bill
                                               opens our proceedings every day with a                  ideas like defunding the police, which                 that couldn’t be improved.
                                               thoughtful prayer. One of my favorite                   won’t solve the problem of inequality                    Our good friend TIM SCOTT said some-
                                               things he told me was about a lesson                    or end violence.                                       thing the other day that struck me as
                                               his mother had taught him. She told                        I ask my colleagues on the other side               a truism. He said: I think most Ameri-
                                               him that God gave us two ears, two                      of the aisle: Are you willing to come to
                                                                                                                                                              cans are tired of Republicans and
                                               eyes, but only one mouth—and we                         the table? Are you willing to accept
                                                                                                                                                              Democrats talking about Republicans
                                               should use them proportionately.                        that amendment process? Are you will-
                                                                                                                                                              and Democrats. Most Americans, as
                                                  I believe the United States is, by far,              ing to take the first step in our jour-
                                                                                                                                                              Senator SCOTT’s point was made, want
                                               the greatest country in the world, but                  ney? Will you put politics aside and
                                                                                                                                                              us to solve problems. They want us to
                                               that does not mean that we don’t have                   help us enact reforms to ensure the
                                                                                                                                                              come up not with the best answer pos-
                                               past and current issues that we need to                 safety of our communities?
                                                                                                          Our Nation’s journey toward becom-                  sible; they want us to come up with the
                                               address. Let’s be frank, it was not a
                                                                                                       ing a more perfect union and securing                  best possible answer.
                                               single, isolated event—the murder of                                                                             What is the difference between the
                                               Mr. Floyd—that incited the raw emo-                     the blessings of liberty for all Ameri-
                                                                                                                                                              best answer possible and the best pos-
                                               tions that are still burning weeks                      cans has taken a long and bumpy road,
                                                                                                                                                              sible answer? The difference is figuring
                                               later.                                                  and we still have a lot farther to go. It
                                                  In Iowa, Governor Kim Reynolds                                                                              out when you have gotten done as
                                                                                                       starts with that one step. But at this
                                               signed a historic police reform bill,                                                                          much as you can get done and you de-
                                                                                                       moment, the country and the world are
                                               which will add additional account-                                                                             cide that, in this process, you want to
                                                                                                       demanding we pick up the stride. Let’s
                                               ability for law enforcement. This will                                                                         accept that and come back at a later
                                                                                                       follow Iowa’s lead. Let’s come together
                                               benefit both the community and the                                                                             time and see if you can do a little bet-
                                                                                                       and take meaningful action.
                                               police. Here is what is remarkable                         To be clear, the passage of a single                ter.
                                               about this new law: Partisanship                        bill is not going to suddenly reverse                    They don’t want us to reject a prom-
                                               wasn’t a factor.                                        centuries of injustice. Passing laws are               ising solution just because someone
                                                  Republican house majority leader                     a simple part. If we really want to                    from the other party said it first. They
                                               Matt Windschitl and Democratic rep-                     change behavior, we need to commit                     don’t want us to reject a promising so-
                                               resentative Ako Abdul-Samad, two of                     ourselves to changing our hearts. The                  lution just because it doesn’t solve ev-
                                               the extraordinary leaders that ushered                  best way that we can personally com-                   erything.
                                               this bill through the house and through                                                                          Nothing around here happens as fast
                                                                                                       memorate the life of George Floyd and
                                               our legislature, spoke with me this                                                                            as we would like it to. Debate, discus-
                                                                                                       the many others before him who lost
                                               morning, and both of them said that,                                                                           sion, and compromise all take time.
                                                                                                       their lives or suffered injustice is to
                                               while they don’t each view this as a                                                                           Remember, the Constitution was put
                                                                                                       open our own hearts.
                                               perfect bill, it was more than cosmetic.                   Chaplain Black summed up the solu-                  together by people who didn’t trust
                                               It had real meaning and depth, and it                   tion best when he quoted to me Mark                    government. They didn’t want to make
                                               was a first step.                                       12:31: ‘‘Love your neighbor as your-                   it easy for government to do things,
                                                  I agreed with them because any jour-                 self.’’ It is both that simple and that                and they didn’t.
                                               ney starts with a single step, a mean-                  challenging.                                             One of the great successes of all time
                                               ingful step. The bill passed the Iowa                      So I am asking all of us in this body               was the success of making it hard for
                                               House by a vote—again, with these two                   to be more like Iowa. Let’s find a solu-               our government to do things. It is hard
                                                                                                                                                              to explain in other countries where




SSpencer on DSK126QN23PROD with SENATE
                                               extraordinary leaders—by a vote of 98–                  tion. Let’s take that first step and
                                               0, unanimous. It then went to the Iowa                  begin our journey together.                            they have parliamentary systems
                                               Senate, and it passed in the Iowa Sen-                     I yield the floor.                                  where, if the leader doesn’t get what
                                               ate 49–0. Partisanship wasn’t a factor.                    I suggest the absence of a quorum.                  the leader wants, the government col-
                                               The only thing that mattered was                           The PRESIDING OFFICER (Mr.                          lapses. That is not the way this govern-
                                               doing the right thing.                                  PERDUE). The clerk will call the roll.                 ment is designed at all. It is designed
                                                  Not a single dissenting vote was cast,                  The bill clerk proceeded to call the                to take some time, but you have to be
                                               and it even had the endorsement of the                  roll.                                                  willing to take the time. It is designed



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                                               S3178                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               to reach compromise, but you have to                    factory way to fail to debate the issues                 Mr. LANKFORD. Mr. President, we
                                               be willing to reach compromise.                         that people sent us here to decide.                    just finished up a vote on the Senate
                                                 We think our job should be to, again,                   But, again, the House will pass a bill               floor where we fell four votes short of
                                               come up with the best solution we can                   this week, and unless we reconsider                    opening debate on a bill to deal with
                                               come up with and try to do the job that                 this decision, that will be the end of it.             police reform—four votes short. We
                                               we are sent here to do, trying not to                   That will be the end of it. The House                  were four votes short of opening debate
                                               wait and say: Well, we are too close to                 has passed a bill. We are not going to                 to discuss it.
                                               an election. Apparently we are too                      take up the House bill. There is no Sen-                 Every single Republican voted for
                                               close to an election all the time now.                  ate product to go to conference. That is               this—and a handful of Democrats. But
                                               We never want to give away anything                     the end of it.                                         the vast majority of Democrats actu-
                                               that could be a political issue because                   It is an issue that we need to find a                ally said: No, we don’t want to debate
                                               it is better—maybe in some minds—not                    solution to. It was an issue we needed                 this bill. We will only debate the Pelosi
                                               to solve it than it is to solve it.                     to find a solution to after what hap-                  bill when it comes out of the House.
                                                 Today’s disappointing vote doesn’t                    pened in St. Louis in 2014. It is an issue               Well, that is absurd. That didn’t hap-
                                               have to be final. The majority leader                   we have needed to find a solution to.                  pen, I can assure you, when Speaker
                                               changed his vote at the very end. It                    The dates seem to keep getting closer,                 Boehner was the leader of the House,
                                               was 56 to 44—3 Democrats and all of the                 to where this year three things hap-                   that the Senate said ‘‘I will tell you
                                               Republicans wanting to move forward,                    pened in a row—maybe more than                         what, we are going to wait and see
                                               but it takes 60 votes here to move for-                 three—that shouldn’t have happened,                    whatever Speaker Boehner sends over
                                               ward.                                                   and things have happened since those                   to Harry Reid’’ and Harry Reid would
                                                 By the way, it also takes 60 votes to                 three things that shouldn’t have hap-                  say ‘‘Oh, yes, please. We will take up
                                               get off the bill to have a vote. There                  pened.                                                 whatever the Boehner bill is.’’ That
                                               was nothing to be lost by seeing if we                    We need to lead on this issue. We                    was never done, and they know that.
                                               couldn’t make Senator SCOTT’s bill                      need to find a way to make a successful                  This is such an odd, peculiar season
                                               better. In fact, I understand from his                  conclusion to the best we can do. The                  in our country politically and a painful
                                               speech earlier that he agreed to 20                     best we can do today doesn’t mean that                 season in our country culturally and
                                               amendments that had the possibility to                  is the best we can ever do; it just                    practically.
                                                                                                                                                                Our hope was to have a real debate
                                               do that. That is what we are supposed                   means, when you have something that
                                                                                                                                                              on a real bill. I was part of the team in
                                               to do. We are here to vote. We are here                 you are agreeing with—and this isn’t
                                                                                                                                                              writing this bill. This bill was a gen-
                                               to make decisions. We are here to move                  even a bill where—Senator SCOTT’s
                                                                                                                                                              uine push to reform how we do police
                                               forward or to decide we don’t want to                   bill—I didn’t hear Democrats say: I
                                                                                                                                                              work and to increase accountability
                                               move forward. There are times when a                    agree with 80 percent of what is in the
                                                                                                                                                              and transparency across the country.
                                               decision is that this is not the right so-              bill. They were more likely to say: 80                   The bill that we just needed four
                                               lution to this problem. That was not                    percent of what I want to do is in the                 Democrats to join—just four Demo-
                                               what we were dealing with today.                        bill.                                                  crats to join—to be able to open it up
                                                 Our colleagues in the House planned                     Take 80 percent of what you want to                  for debate would have banned choke
                                               their own legislation. There was that                   do to conference and hope it comes                     holds across the country.
                                               moment of hope when the Speaker of                      back with 90 percent of what you want                    It would have required the reporting
                                               the House said she looked forward to                    to do or 96 percent of what you want to                of all serious bodily injury or death in
                                               taking their product—their bill—to                      do. But if you don’t trust the process,                police custody from everywhere in the
                                               conference. Well, you only get to take                  the process cannot produce a result.                   country, to start tracking all of this.
                                               a bill to conference if there is a con-                   People are tired of us failing to do                   It would have gathered information
                                               ference, and you only get to take a bill                our job. We need to vote. We need to                   on no-knock warrants all around the
                                               to conference if we pass a bill and the                 have amendments. We need to have                       country to start tracking this informa-
                                               House passes a bill.                                    bills on the floor on issues like this                 tion to see if they are being abused.
                                                 By the way, if they are exactly the                   that the American people are in the                      It would have put more body cameras
                                               same bill, there is no reason to go to                  streets of America saying: Solve this                  on the street. This bill that we just
                                               conference. That bill goes to the Presi-                problem.                                               needed four Democrats to join us on—
                                               dent.                                                     You can’t solve this problem by turn-                just four—would have put $150 million
                                                 We pass a bill, the House passes a                    ing your back on it. You can’t solve                   more in body-worn cameras on the
                                               bill, we go to conference, and then we                  this problem by saying: If I don’t get                 street. It wouldn’t have just put those
                                               come back. And 44 of our colleagues                     this exactly the way I want it, I would                body cameras on the street; it would
                                               were unwilling to go through that                       rather not have anything. I will tell                  have also put in new requirements to
                                               process.                                                you what that gets you. That gets you                  make sure they stay on, which has
                                                 On a bill like this, you get a lot of                 nothing. In a democracy, that does not                 been an issue.
                                               votes. You get the vote to go to the de-                work. If you are getting your way all                    This bill that we just needed four
                                               bate. You get the vote to go to the                     the time—at home, at church, at                        Democrats to join us on, just so we
                                               vote. You get the vote to pass the Sen-                 school, at work, in the Congress—there                 could debate it and discuss it and
                                               ate bill. It has been, actually, a while                is something wrong with you. There is                  amend it, would have had a whole new
                                               since I heard somebody say what used                    something wrong with you. Nobody                       system tracking complaints and dis-
                                               to be said often: I am voting for this                  gets their way all the time. Com-                      cipline actions. It would have pulled
                                               bill. I don’t think it is where it should               promise is the essence of democracy,                   together records for law enforcement
                                               be yet, but I look forward to voting for                but you have to be willing to go to the                officers to make sure that they would
                                               a better process coming out of con-                     place where compromise happens. On                     have had those records—their com-
                                               ference.                                                this bill, that would have been at con-                mendations and their discipline—travel
                                                 You used to hear that all the time: I                 ference, to see if we can’t come closer                to the next department with them. So
                                               am voting for this bill so we can get to                to a bill that everybody believes is the               before an officer leaves one department
                                               conference, and in conference I am                      best we can do.                                        and goes to the next, all the records
                                               going to do everything I can to work to                   I think Senator SCOTT did a great job                are made available to the next depart-
                                               make it better. That is how the process                 with his bill. I think Senator SCOTT                   ment so that we don’t have a bad apple
                                               works.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       thinks his bill could be better. But his               moving from department to depart-
                                                 This ‘‘take it or leave it,’’ nobody                  bill is not the House bill, and the House              ment.
                                               shows up—our friends at the House                       bill is not going to be the final bill ei-               This bill that we just needed four
                                               show up one day to vote on a bill that                  ther.                                                  Democrats to join on with us—any
                                               God knows who decided what would be                       What a mistake to walk away from                     four—just so we could open it up and
                                               in that bill, and that is the bill we ei-               the chance to solve a problem.                         debate it and amend it would have
                                               ther accept or reject. What a foolish                     The PRESIDING OFFICER. The Sen-                      changed the system on a duty to inter-
                                               way to do business. What an unsatis-                    ator from Oklahoma.                                    vene, putting new obligations, new



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S3179
                                               training, and new requirements on an                    not going to discuss it. We are going to                 Speaker PELOSI’s bill says: No, the
                                               officer who is watching another officer                 block it from coming to the floor—                     police officers should be in prison, and
                                               do something they know is wrong to                      which is what happened today. The two                  their families should have their home
                                               intervene in that process and to stop                   issues I heard are, you know what, I                   taken away from them and their police
                                               it.                                                     really want us to go to committee. I                   pension taken away from them and ev-
                                                  It would have a national commission                  want a committee to look at this, take                 erything else.
                                               to pull folks together to get the best                  some time, go through this.                              Do you know what we have talked
                                               ideas from around the country, to                         That is a fascinating argument, and I                about? We talked about a police officer
                                               gather the best practices that have                     wish it was true. Two weeks ago, the                   facing criminal penalties, as they do
                                               happened.                                               discussion was ‘‘We need to get on this                now, as they should. If there is a civil
                                                  There is also a new piece that is in                 as quickly as possible’’—until we actu-                case, why don’t we bring it against the
                                               this—it is not in the Pelosi bill; it is                ally put out a legitimate bill, and then               department that didn’t train their offi-
                                               only in this bill—that deals with giving                my Democratic colleagues said, ‘‘Well,                 cer, that didn’t supervise that officer?
                                               a false report if you are a police officer,             there is a problem with how you are                    Instead of attacking an officer’s fam-
                                               because at times we will have a police                  putting it out. We are going to debate                 ily, why don’t we hold people account-
                                               officer where—when there is serious                     it on the floor. I would rather debate it              able to actually supervise people better
                                               bodily injury or death, their written                   in committee and then have the floor                   and push the city and the department
                                               record doesn’t match the reality of                     bring it but not debate it on the floor.               to do the right thing: to train and to
                                               what really happened, and it is not just                I don’t want to debate it out here. Let’s              equip people. If someone is a problem,
                                               that they misremembered; they inten-                    debate it over there.’’                                don’t leave them out there on the
                                               tionally turned in a false report. This                   No one is buying that argument. No                   street with 18 discipline records; take
                                               bill that we wanted to just debate                      one is buying that. If you can put 20                  them off the street. If you don’t, the
                                               today would have allowed us to be able                  amendments on this, that is what                       whole city is going to be held to ac-
                                               to add additional penalties onto that,                  would happen in a committee. Let’s                     count for it. That is trying to end this.
                                                                                                       bring it. Let’s talk about it. Everyone                That is trying to push toward more su-
                                               to make sure someone receives the due
                                                                                                       sees what that is. Shuffling bills off to              pervision, not just trying to be puni-
                                               penalty if they try to lie on forms.
                                                  This bill would have dealt with men-                 committee is about delaying and stall-                 tive.
                                               tal health.                                             ing and ‘‘Let’s delay this,’’ because                    Those are the two differences that I
                                                  This bill would have dealt with dees-                they know we won’t get it this week,                   can pick up: political and civil. Other-
                                               calation training. This bill was de-                    and they will delay it, and then it will               wise, a lot of what I mentioned that is
                                               signed to help get additional training.                 be after the Fourth of July. When we                   in our bill is in their bill as well.
                                                  This bill has a section on it using the              come back from the Fourth of July, we                    TIM SCOTT made a very simple state-
                                               Museum of African American History                      have the coronavirus bills, as they                    ment: Why don’t we put this on the
                                               to design a curriculum that we could                    know, and we have the appropriations                   floor? Why don’t we actually debate
                                               put out to every department around                      bills, as they know. So it is like, OK, so             the differences that we have? Why
                                                                                                       it will not happen there. So then there                don’t we have a vote, and then why
                                               the country on the history of race and
                                                                                                       is the August gap, and then it will                    don’t we finish this?
                                               law enforcement. It is modeled after
                                                                                                       move to September. What they are try-                    Leader MCCONNELL dedicated this
                                               what was done with the Holocaust Mu-
                                                                                                       ing to do is get it closer and closer to               week and next week to this bill on po-
                                               seum to deal with anti-Semitism. That
                                                                                                       the election and then make it a big                    lice reform to give 2 weeks to do all
                                               is what this bill was designed to do. We
                                                                                                       election issue, saying: Those crazy Re-                kinds of amendments, all kinds of de-
                                               just needed four Democrats to join us.
                                                                                                       publicans will not resolve this. Get it                bate, but instead, the conversation was
                                               Instead, they dug in, did press releases,
                                                                                                       close to the election and make it an                   ‘‘No, don’t want to do that; it is Speak-
                                               and said: That bill is terrible. It is
                                                                                                       election issue.                                        er PELOSI’s bill or nothing’’ or ‘‘Let’s
                                               awful. It has no teeth in it. That bill is                Hello—why don’t we just solve this
                                               unsalvageable.                                                                                                 just slow the whole thing down and
                                                                                                       instead of dragging the country                        send it to committee and delay, delay,
                                                  I would ask any American listening                   through something we all know key
                                               to me and anyone in this room: Is there                                                                        delay this.’’
                                                                                                       ways to be able to solve?                                Why don’t we deal with this right
                                               one of those ideas you don’t like?                        Two issues we know of—one is a                       now? There are 2 weeks that have been
                                                  Then the conversation was, well, we                  purely political issue: stall, delay, try              set aside to do it. There is plenty of
                                               are not going to have an open enough                    to get this closer to the election, and                time for amendments. Why not do that
                                               process.                                                then divide the country. The second
                                                  Senator SCOTT, who is our point ne-                                                                         instead of just blocking the bill?
                                                                                                       one deals with an issue on whether po-                   I don’t know a lot of folks who say to
                                               gotiator in this, sat down with Demo-                   lice officers should face not only crimi-              me: I really don’t want there to be
                                               cratic leadership and said: How about                   nal liability, they should face civil li-              more body cameras on the street. I
                                               20 amendments on this bill? If you                      ability as well.                                       don’t want any more oversight on law
                                               want to bring something up to amend                       You hear this get kicked around all                  enforcement when they turn in a false
                                               it, change, it, great.                                  the time with all different kinds of                   report or when they turn off their body
                                                  They said no. Their desire is only                   terms. Speaker PELOSI’s bill says: Not                 camera.
                                               Speaker PELOSI’s bill or nothing. I                     only put that police officer in prison,                  I don’t run into a lot of people who
                                               think that is exceptionally sad.                        which they deserve—if they murder                      say: I want to just go ahead and leave
                                                  We have been through this journey so                 someone, commit a crime, a police offi-                the system the way it is.
                                               many times where we will see a Black                    cer is as liable for the law as everyone                 We really don’t know what is hap-
                                               man be killed, we will all watch the                    else is, and if they are not, they should              pening in a police department when
                                               footage, the whole country rises up,                    be, and we should fix that. Speaker                    there is bodily injury and harm.
                                               and Congress starts debating, and then                  PELOSI’s bill says: Not only put them                    I meet a lot of people who say: Those
                                               it stops. It stops because of silly stuff               in prison but also civilly take their                  things make sense to me. Why don’t we
                                               like this where people dig in and say: If               home and their car and their pension                   do it?
                                               you don’t do it entirely our way, then                  away from their family. Make sure we                     Unfortunately, that is my same ques-
                                               we are not going to do it at all. It is                 leave them destitute and their family                  tion today standing on the floor of the
                                               not about solving the problem; it is                    destitute, as well as put them in pris-                Senate: Why don’t we do it?
                                               just about prolonging a problem so you




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       on. That is what their bill is all about.                With that, I yield the floor.
                                               can make it a political issue when fam-                   It is the reason why so many police                    The PRESIDING OFFICER. The Sen-
                                               ilies out there want this solved.                       officers are so frustrated and furious                 ator from West Virginia.
                                                  All of those things I listed are all out             with the bill they adamantly want to                     Mrs. CAPITO. Mr. President, I want
                                               there.                                                  put on the floor, because they are say-                to thank my colleague from Oklahoma,
                                                  There are two things I have heard.                   ing that if they did something wrong,                  Senator LANKFORD, for his dedication
                                               We are not going to take up your bill.                  they should face the consequences for                  to this issue and his very substantive
                                               We are not going to debate it. We are                   it, but don’t punish their family.                     output.



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                                               S3180                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                                 I was privileged to serve on the                      records are there, kept either locally                 can work together and get things done,
                                               minigroup that put a lot of work into                   or—the Pelosi bill says kept at the                    but, boy, we could have shown them
                                               this under Senator SCOTT’s very able                    State; the President says kept at the                  that today. We could have shown them
                                               leadership. I am thankful for the way                   Federal—anyway, in any event, kept                     that the rest of the week as we debate
                                               Senator LANKFORD always approaches                      for the transparency we need.                          those issues. I can guarantee you, on
                                               issues, not disparaging motives but al-                   We should eliminate the use of choke                 some of the sticky issues, we would
                                               ways looking at ways to improve and                     holds by officers unless the officer is in             have had great agreement. Maybe we
                                               make this world a better place because                  a situation where he can’t get out of it,              all wouldn’t have agreed on it, but
                                               that is what this is about.                             but quite frankly, I am for banning                    some of each from each part of our
                                                 I have been listening to a lot of the                 them in any circumstance.                              party and each part of the country
                                               arguments, a lot of the discussion, and                   Those statements are really not very                 would have agreed on those issues and
                                               I am saying to myself: If somebody                      controversial, and most Americans                      formulated better, smarter, more effi-
                                               watching this from afar—from Okla-                      really agree with them. How do we                      cient legislation. We could have dem-
                                               homa or from West Virginia or from                      know that? Both the bill introduced by                 onstrated that we are united in support
                                               Vermont—I am thinking to myself,                        Senator SCOTT and cosponsored by 47                    of the civil rights of all Americans and
                                               what is all this talk about 60 votes and                Republican Senators and the bill intro-                in support of the men and women in
                                               cloture and all this? They are not fo-                  duced by Senator BOOKER and sup-                       law enforcement. Instead, partisanship
                                               cused on that. All they know is that we                 ported by many Democrats included                      was allowed to carry the day.
                                               failed—this failed.                                     these provisions in each one of their                    It should be clear, because I think it
                                                 This was an opportunity that we                       bills.                                                 should be to the American people, that
                                               should have grasped. We had a chance                      We have a nonpartisan Congressional
                                                                                                                                                              this motion—the other side says, ‘‘We
                                               to discuss the need for police reform                   Research Service that we rely on for
                                                                                                                                                              don’t have a seat at the table’’—would
                                               and to look at the very serious issues                  nonpartisan advice. The quotes from
                                                                                                                                                              have provided the world stage for their
                                               of racial inequalities. I am exceedingly                their report in comparing both bills:
                                                                                                                                                              seat at the table to debate this issue.
                                                                                                       Both bills seek to establish best prac-
                                               disappointed. I thought yesterday—no,                                                                            We need 60 votes to continue, and
                                                                                                       tices for law enforcement officers and
                                               actually Monday, I thought, good, we                                                                           here I am talking about the technical-
                                                                                                       train officers in areas on the use of
                                               are going to get on this bill. We are                                                                          ities of how to get it done. But there
                                                                                                       force and racial bias. Both bills would
                                               going to have a healthy debate and                                                                             would have been an enormous amend-
                                                                                                       seek to increase the use of body cam-
                                               amendments. We are going to be in                                                                              ment process that probably would have
                                                                                                       eras worn by State and local law en-
                                               front of the American people, giving                                                                           been quite lengthy and very beneficial.
                                                                                                       forcement—both bills. Both bills would
                                               our different opinions. We are going to                                                                          I am very disappointed. I am dis-
                                                                                                       contain provisions designed to enhance
                                               vote up or down, and we are actually                                                                           appointed to tell the American people
                                                                                                       transparency concerning records of
                                               going to have a product here that is ac-                                                                       that we are listening to you, but, you
                                                                                                       misconduct by law enforcement offi-
                                               tually going to help. But it derailed. It                                                                      know, maybe it is not in our own polit-
                                                                                                       cers—both bills. Both bills include pro-
                                               derailed badly. I am very disappointed                                                                         ical benefit to cooperate to move for-
                                                                                                       visions designed to limit the use of
                                               by that, as I think everybody in this                                                                          ward, so let’s just draw it out, as Sen-
                                                                                                       choke holds by Federal, State, and
                                               country should be.                                      local law enforcement—although the                     ator LANKFORD said.
                                                 Those who are protesting, those who                                                                            I think it is important to point out
                                                                                                       two statutes do differ in the breadth
                                               are deeply hurt by what they have                                                                              in the process, if we had an amendment
                                                                                                       and approach. What happens when we
                                               seen—they don’t care about cloture                                                                             debate, if we had a debate on the Sen-
                                                                                                       differ with the House? We go to con-
                                               and 60 votes and who gets the political                                                                        ate floor, if we cultivated and came up
                                                                                                       ference, and we work out our dif-
                                               point and who is going to be able to                    ferences. But we are not having that                   with a final product, it is still within
                                               drag this to the election. They care                    chance today.                                          the 60-vote margin for the other side to
                                               about getting something done on a                         Given these areas of common ground,                  say: No. Can’t do it. It is not enough.
                                               deeply emotional issue.                                 it should have been easy for us to come                Can’t go there.
                                                 We know that every American is en-                    together and to pass that motion to                      OK. At least we tried. Now we have
                                               titled to equal protection under the                    begin the debate on the Senate floor.                  nothing.
                                               law. We also know there are a lot of                    That is what we are supposed to do.                      As we move forward—I was on sev-
                                               good police officers in this country—                     There are a few major differences in                 eral radio interviews today, and a lot
                                               many, the vast majority. It is clear,                   the bill, and this is where I think the                of people want to know what is next. I
                                               though, that we have a real need to im-                 American people would have really                      don’t know what is next. We have to do
                                               prove our law enforcement so that                       tuned in to the debate. We know that                   better than this. We have to do better,
                                               every American can have the con-                        there is a difference on qualified immu-               with what we see happening in our
                                               fidence that officers are there to serve                nity. Let’s have a debate. Let’s have a                country and listening to the cries.
                                               them equally.                                           debate.                                                  When I heard Senator SCOTT’s speech,
                                                 We should provide better resources to                   Had we moved forward, I think we                     when he talked of the communities
                                               train police on not just deescalation                   could have ended up with a bipartisan                  that are most vulnerable, that have the
                                               but use of force and intervention, all of               bill that could pass both the House and                most difficulties in all of the struggles
                                               the issues that we saw come forward in                  the Senate and signed into law. As we                  of their lives, we owe it to them to
                                               the horrifying death of George Floyd.                   are now, do you know what we have, as                  have this debate on the floor of the
                                                 We should provide more body cam-                      Senator SCOTT said in the speech he                    greatest deliberative body, the Senate.
                                               eras. We wouldn’t have known about                      gave about an hour ago? Nothing. We                      We could have demonstrated a lot
                                               George Floyd had there not been a                       have nothing. We have people on the                    today, and it didn’t work. It was denied
                                               camera. I don’t believe there was a                     streets of every town in America beg-                  by 44 Senators. And here we are having
                                               camera on the officer; it was a bystand-                ging us to do something positive to                    to go back to our constituents, go back
                                               er’s camera. But cameras can be so in-                  help the situation, and today, crick-                  to those folks who are very vulnerable,
                                               credibly useful to protect the rights of                ets—nothing—because we couldn’t get                    and say: It didn’t matter enough to try
                                               the people who are confronted and to                    cooperation.                                           to fix it. It didn’t matter enough that
                                               protect the rights of the police. So we                   It would have made significant                       we gave each other 20 amendments. It
                                               need to make sure that those are not                    progress. I heard Senator SCOTT say—                   didn’t matter enough that we were
                                               only provided and there for our law en-                                                                        going to have the debate on the Senate




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       and I didn’t realize this until I heard
                                               forcement but that they are turned on.                  him say it on the Senate floor—20                      floor. It didn’t matter enough to have
                                               As we saw in Louisville, they were not                  amendments and a managers’ amend-                      our experts come in and tell us what
                                               turned on.                                              ment he offered in conversations with                  the best is. It didn’t matter.
                                                 We should make sure that bad police                   the other side, and again, no—nothing.                   I hope maybe, as time goes by, it will
                                               officers can’t get passed from depart-                  We don’t want that.                                    matter because this issue is not going
                                               ment to department and that their dis-                    We don’t have the best record on                     away, and our passion to solve it as a
                                               ciplinary actions and employment                        showing the American people that we                    collective body shouldn’t go away. I am



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S3181
                                               committed to seeing that it doesn’t go                  mandate the use of body-worn cameras,                  under both Republican and Democratic
                                               away.                                                   which have been instrumental in hold-                  majorities, I know the Judiciary Com-
                                                 The PRESIDING OFFICER. The Sen-                       ing both the police and suspects ac-                   mittee is capable of handling them. I
                                               ator from Vermont.                                      countable. Maybe everybody failed to                   know because we have done it before on
                                                 Mr. LEAHY. Mr. President, this                        notice, but Congress already created                   tough issues. Let me give you an exam-
                                               afternoon, we heard a lot of rhetoric. I                that program 5 years ago, and our                      ple.
                                               would like to now deal with some re-                    Committee on Appropriations, in a bi-                    Seven years ago, a bipartisan group
                                               ality. As so often happens, the reality                 partisan fashion, has been funding it                  of Senators—Republicans and Demo-
                                               is different from the rhetoric.                         every year since, all 5 years. This is                 crats across the political spectrum—
                                                 Since I last spoke on the Senate floor                not something new.                                     put together a thoughtful, bipartisan
                                               in the wake of George Floyd’s murder,                     The Republican bill would create                     bill to reform our immigration system,
                                               the American people’s calls for justice                 grant incentives to encourage police                   but the bill wasn’t put here on the Sen-
                                               and accountability have not dimin-                      departments to change behaviors. The                   ate floor with a ‘‘take it or leave it.’’
                                               ished. Fortunately, they have grown                     legislation introduced by Senators                     As chairman of the Senate Judiciary, I
                                               stronger, and rightfully so. Even since                 BOOKER and HARRIS would actually                       held three hearings on the bill and then
                                               then, our Nation has had to confront                    change those behaviors. They don’t                     held 5 days of markups, some going
                                               yet another needless killing of an Afri-                say: Here. Please do it. They say: Here.               late into the night. We considered 212
                                               can-American man, when an Atlanta                       You have to do it. They do it by ban-                  amendments, 141 of which were adopt-
                                               police officer shot Rayshard Brooks                     ning choke holds, and they ban no-                     ed, including 50 amendments offered by
                                               twice in the back when he was fleeing                   knock warrants.                                        Republicans and voted on by both
                                               from officers.                                            Unlike the Booker-Harris bill, the                   Democrats and Republicans. Our proc-
                                                 Now, I know from my own experience                    Republican bill would not address                      ess was fair, thorough, and deliberate.
                                               in law enforcement that nobody can                      qualified immunity, which allows offi-                 What happened when it came to the
                                               dispute that police officers have in-                   cers to evade accountability even when                 Senate floor? There were 68 Senators
                                               credibly challenging jobs. No one will                  a court finds they have violated con-                  from both parties across the political
                                               dispute that they are faced with dif-                   stitutional rights. Can you imagine                    spectrum who supported the legislation
                                               ficult, split-second decisions that im-                 anybody else in this country, when vio-                and voted for it.
                                               pact life and death, but that difficulty                lating someone’s constitutional rights,                  Now, if we could replicate that proc-
                                               does not excuse the fact that some-                     standing up and saying: ‘‘But I am in a                ess for policing reform today—go
                                               thing is deeply wrong in our country. It                protected group. You can’t do anything                 through committee, have the debate,
                                               does not excuse the fact that people of                 about it. Bye, bye now. See ya’’?                      bring up the amendments, have the
                                               color have disproportionately suffered                    The Republican bill does nothing to
                                                                                                                                                              hearings, vote on something, and bring
                                               from police misconduct. People of color                 address racial profiling. It does nothing
                                                                                                                                                              it here to the floor with that kind of
                                               disproportionately are profiled by po-                  to ensure that deadly force is used only
                                                                                                                                                              strong support—I would suspect even
                                               lice, are stopped by police, are arrested               as a last resort—not as a first resort
                                                                                                                                                              more Senators, Democrats and Repub-
                                               by police, and are victims of excessive                 and especially not against somebody
                                                                                                                                                              licans alike, would support it.
                                                                                                       who, while running away, gets shot in                    Senator MCCONNELL is skipping all of
                                               force at the hands of police.
                                                 Confronted with the killing of George                 the back and is given the death pen-
                                                                                                                                                              that. He is not allowing the Judiciary
                                               Floyd, millions of Americans are de-                    alty. It also does nothing to ensure
                                                                                                                                                              Committee to do its work. He is not at-
                                               manding we do better as a nation. They                  there will be Federal oversight when a
                                                                                                                                                              tempting to build bipartisan com-
                                               recognize that longstanding societal                    local law enforcement agency dem-
                                                                                                                                                              promise. He is, instead, forcing the
                                                                                                       onstrates a pattern of violating their
                                               prejudices and biases and have created                                                                         Senate to take up a wholly inadequate
                                                                                                       citizens’ civil liberties.
                                               a law enforcement culture and broader                                                                          partisan bill or to do nothing at all.
                                                                                                         It is well-known that the Trump ad-
                                               criminal justice system that perpet-                    ministration has effectively abandoned                 ‘‘Here, vote for this deeply flawed bill
                                               uates these prejudices and biases. They                 pattern or practice investigations and                 or you get nothing.’’ That is not being
                                               demand that we roll up our sleeves and                  consent decrees, which are proven in-                  the conscience of the Nation. That is
                                               do the hard work of ensuring that                       struments for positive change within                   not why I and many others came to the
                                               those charged with preserving the rule                  some of our troubled departments.                      Senate. That is not how the Senate
                                               of law are also subject to it, that no                  That is why the Booker-Harris bill                     gets things done, and every Senator,
                                               person is above the law.                                strengthens these investigations at                    Republican and Democrat alike, knows
                                                 For millions of Americans, the time                   both the Federal and State levels.                     that.
                                               to act is now, but I think the Senate is                  At every turn, where the Republican                    So I would suggest to the leader, if he
                                               acting as though it is not up to the                    bill provides a talking point, the Book-               is serious about tackling racial injus-
                                               task. On Thursday, the House is ex-                     er-Harris bill provides real account-                  tice and policing reform, that there is
                                               pected to pass comprehensive legisla-                   ability and real transparency. Sadly                   a blueprint to follow. This is not it. I
                                               tion to reform policing, and it is going                and, I think, disturbingly, the fact that              urge the majority leader to reverse
                                               to do that with Republicans and Demo-                   the majority leader will not even allow                course. If he is unwilling to bring
                                               crats voting for it. The Senate has only                the Senate to debate the Booker-Harris                 meaningful legislation to the floor to
                                               advanced a patchwork of half-measures                   bill reveals that he is interested in nei-             address these issues today, well then,
                                               that would do little more than to place                 ther.                                                  allow the Judiciary Committee to put
                                               a handful of bandaids on deep, genera-                    For a moment last week, it appeared                  in the hard work that is necessary to
                                               tions-old wounds.                                       that some Republicans were serious                     build bipartisan consensus. I am sure it
                                                 As someone who knows him, I don’t                     about finding bipartisan compromise.                   could be done within a couple of weeks
                                               doubt at all that the legislation drafted               During a Judiciary Committee hearing                   of actual hearings and votes in our
                                               by Senator SCOTT is a good-faith at-                    on policing reform, Chairman GRAHAM                    committee.
                                               tempt at finding consensus within the                   said he would like the committee to                      Instead, the leader is insisting on a
                                               Republican Conference on how to re-                     work together to find solutions, ‘‘to sit              process that is designed to fail. In
                                               form policing, but by any reasonable                    down’’ and see if we could ‘‘reconcile                 doing so, the Senate fails. The Senate
                                               measure, the bill the Republicans have                  [the policing reform] packages and                     fails George Floyd, and it fails Breonna
                                               put forward actually fails to reform po-                come up with something in common.’’                    Taylor, and it fails countless others
                                               licing. On many of the most pressing                                                                           who have been victims of brutality or




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       A number of Republican colleagues on
                                               issues, such as addressing true racial                  the Judiciary Committee even ex-                       discrimination by a flawed justice sys-
                                               inequalities or disparities or discrimi-                pressed an openness in reevaluating                    tem. In doing so, the Senate also fails
                                               nation, the Republican bill defers ei-                  qualified immunity to ensure that                      the American people.
                                               ther by doing nothing at all or by leav-                there would be a sense of account-                       I hope this is not the path we take. I
                                               ing it to a future commission to study.                 ability within police departments.                     voted not to go forward with a flawed
                                                 The Republican bill purports to cre-                    I agree that these are difficult issues,             process, hoping we might have a real
                                               ate a new grant program to fund and                     but certainly, based on my experience                  bipartisan process. I believe the Senate



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                                               S3182                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               should be the conscience of the Nation.                 erational alliance seems to have found                 istration has regrettably reinstated a
                                               Let’s be so in this. Let’s go to com-                   a collective will to confront one of hu-               ban on transgender persons serving
                                               mittee, and let’s have Republicans and                  manity’s oldest viruses—the virus of                   openly in the military, trans men,
                                               Democrats vote for or against amend-                    racism.                                                women, and children are becoming
                                               ments and bring a bill to the floor.                      It was a different protest 51 years ago              more visible members in much of the
                                                 Stop these ‘‘take it or leave it’’ steps              this month that began one of the new-                  rest of our society.
                                               by the Republican leader. Let’s have a                  est chapters of America’s long struggle                  This June also brings a major new
                                               bill that both Republicans and Demo-                    for equal rights. That protest is the                  cause for celebration. In a landmark 6-
                                               crats have worked on, and then bring it                 reason that June is celebrated as Pride                to-3 ruling, the Supreme Court of the
                                               up. Let’s vote up or down on amend-                     Month.                                                 United States has ruled that employ-
                                               ments. Let’s give the American people                     It started in the early morning hours                ment discrimination on the basis of
                                               something they can be proud of and                      of June 28, 1969, at the Stonewall Inn in              sexual orientation and gender identity
                                               something, finally, the Senate can be                   the Greenwich Village section of New                   is prohibited under the Civil Rights
                                               proud of.                                               York City. Today, the name ‘‘Stone-                    Act of 1964. This is an amazing story in
                                                 I do not see another Senator who                      wall’’ stands as a milestone on Amer-                  history, where an ultra-conservative
                                               seeks recognition, so I suggest the ab-                 ica’s journey toward equal justice,                    Congressman from Virginia in 1964
                                               sence of a quorum.                                      alongside such revered names as                        thought that he would torpedo the civil
                                                 The PRESIDING OFFICER. The                            ‘‘Selma’’ and ‘‘Seneca Falls.’’ In 1969,               rights bill by adding the word ‘‘sex’’
                                               clerk will call the roll.                               however, the Stonewall Inn was a ram-                  into those bases for discrimination,
                                                 The senior assistant legislative clerk                shackle refuge for outcasts—a home                     thus inviting protection for women. He
                                               proceeded to call the roll.                             away from home for some of the poor-                   was sure that would be the end of the
                                                 Mr. DURBIN. Mr. President, I ask
                                                                                                       est, most powerless members within                     conversation. His amendment was
                                               unanimous consent that the order for
                                                                                                       one of America’s most marginalized                     adopted and of course led to a lot of de-
                                               the quorum call be rescinded.
                                                 The PRESIDING OFFICER. Without                        communities. Its patrons included drag                 bate on gender equality and ending
                                               objection, it is so ordered.                            queens and lesbians, transgender and                   gender discrimination. Little did he
                                                               PRIDE MONTH 2020
                                                                                                       gender nonconforming people, home-                     know—or many others—that it would
                                                 Mr. DURBIN. Mr. President, our                        less LGBTQ youth who lived in nearby                   lead to this historic Supreme Court
                                               Founders did not give us a perfect na-                  Christopher Street Park after being                    ruling when it came to sexual orienta-
                                               tion. Even they knew that. When                         abandoned by their own families.                       tion. This is history happening before
                                               Thomas Jefferson, himself a slave-                        Police raids and arrests were regular                our eyes, and thank goodness—thank
                                               owner, reflected on the existence of                    events at the Stonewall Inn, as they                   goodness—we are alive to see it.
                                               slavery in a nation which claimed to                    were at most gay bars in America at                      But work of equal justice under the
                                               believe that all men are created equal,                 that time, but something changed dur-                  law is never finished. We were re-
                                               he wrote: ‘‘I tremble for my country                    ing that raid in the early morning                     minded of that 2 weeks ago when the
                                               when I reflect that God is just; that his               hours of June 28, 1969. Something in                   Trump administration released a dis-
                                               justice cannot sleep forever.’’                         this great universe shifted. That night,               criminatory rule that attempts to
                                                 Jefferson was not alone as a slave-                   when the police became violent, the pa-                eliminate explicit healthcare protec-
                                               owner. George Washington—the name-                      trons of the Stonewall Inn fought back.                tions for LGBTQ Americans. We are re-
                                               sake of this great city and another                       The Stonewall uprising was a 6-day                   minded that the work of equality is not
                                               great State, the father of our Nation—                  protest against police mistreatment,                   finished each time we learn of another
                                               and his wife owned 300 slaves. Just                     and while the protests were contained                  victim of alarming violence—violence
                                               minutes before he died, he asked his                    almost entirely within Greenwich Vil-                  against Black transgender women, in-
                                               wife to bring the two copies of his last                lage, they changed the world.                          cluding the deaths of 25-year-old Riah
                                               will for him to look at for one last time                 On the first anniversary of the Stone-               Milton     in   Ohio   and   27-year-old
                                               and to decide.                                          wall uprising, the first Gay Pride pa-                 Dominique ‘‘Rem’mie’’ Fells in Phila-
                                                 He handed one of the copies of the                    rade was held in New York and Los An-                  delphia.
                                               wills to his wife and said: Burn this                   geles and in the city of Chicago. Within                 On May 29, 4 days after George
                                               one, and keep the other. What he                        2 years of that uprising, there were gay               Floyd’s murder, more than 100 of the
                                               burned would have released all of his                   rights organizations in every major                    Nation’s most prominent LGBTQ civil
                                               slaves at the moment of his death. The                  city in the United States and Canada,                  rights groups released a letter con-
                                               one he signed said that they would con-                 Australia and Western Europe.                          demning racial violence. Their letter
                                               tinue to be his wife’s slaves for as long                 The month of June is now recognized                  said that violence against transgender
                                               as she lived. He was the father of our                  throughout much of the world as Pride                  and gender nonconforming people of
                                               Nation. We might not have had an                        Month—a celebration of diversity, ac-                  color happens ‘‘with such regularity, it
                                               independent nation without his skill                    ceptance, and inclusion.                               is no exaggeration to describe it as a[n]
                                               and leadership; yet he was not a perfect                  Last year, on the 50th anniversary of                epidemic of violence.’’ The groups went
                                               man by any means.                                       Stonewall, the grand marshal leading                   on to say: ‘‘We understand what it
                                                 The true measure of a nation’s great-                 Chicago’s Pride Parade was our city’s                  means to rise up and push back against
                                               ness is not simply the words written by                 first openly gay mayor, Lori Light-                    a culture that tells us we are less than
                                               an earlier generation; it is the work of                foot—an incredible leader.                             them, that our lives don’t matter. . . .
                                               every generation to make those words                      This year, most Pride parades and                    Today, we join together again to say
                                               not just ideals but facts. We see that                  festivals in the United States and                     Black Lives Matter and commit our-
                                               work all around us today.                               around the globe were canceled or                      selves to the actions those words re-
                                                 For weeks, Americans have joined to-                  transformed into virtual celebrations                  quire.’’
                                               gether in an incredible display of con-                 because of COVID–19, but those virtual                   Among the organizations signing the
                                               stitutional petition of this govern-                    gatherings still had much to celebrate.                pledge are the Human Rights Cam-
                                               ment, of this Nation, for change. In cit-                 We have witnessed profound progress                  paign, Equality Illinois, and the AIDS
                                               ies large and small and in virtually                    in the half-century since Stonewall.                   Foundation of Chicago.
                                               every State, they are protesting sys-                   Public attitudes about gay and trans                     Nearly all Americans recognize Dr.
                                               temic racism and police violence                        rights have increased greatly. Marriage                King’s ‘‘I Have a Dream’’ speech at the
                                                                                                       equality is now the law of the land.                   1963 March on Washington. It was a




SSpencer on DSK126QN23PROD with SENATE
                                               against people of color.
                                                 These protests have spread around                     Openly gay men and women serve as                      great moment in America’s long strug-
                                               the world. Videotapes and DNA evi-                      corporate and civic leaders, as mayors,                gle for equal rights. But how many of
                                               dence have done more to assault the                     Governors, Members of Congress, and                    us know that the organizational genius
                                               foundation of justice in America than                   an openly gay, married man just ran a                  behind that great gathering was a gay
                                               anything in our history.                                serious campaign for President. Gay                    Black man—Bayard Rustin?
                                                 In the midst of a pandemic caused by                  men and lesbians serve openly in Amer-                   How many of us know the names of
                                               a new virus, a multi-ethnic, multigen-                  ica’s Armed Forces. While this admin-                  Marsha P. Johnson and Sylvia Rivera—



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3183
                                               activists and transgender women of                      soldiers and small business owners.                    the President’s challenge. His response
                                               color, members of one of the most                       More than 200,000 DACA recipients are                  legislation received 39 votes for and 60
                                               marginalized and victimized groups in                   now characterized by our government                    against in the Senate.
                                               America. They were also leaders of the                  as ‘‘essential critical infrastructure                   On June 4, 2019, the House of Rep-
                                               Stonewall uprising. They both contin-                   workers.’’ I didn’t make that up; it was               resentatives passed H.R. 6, the Dream
                                               ued to fight for gay and trans rights all               a definition of President Trump’s own                  and Promise Act—legislation that
                                               of their lives—until Marsha’s death in                  Department of Homeland Security.                       would give Dreamers a path to citizen-
                                               1992 and Sylvia’s death a decade later.                 Two hundred thousand of the 800,000                    ship—with a strong bipartisan vote.
                                                 Years after Stonewall, Marsha P.                      DACA recipients are essential critical                 The Dream and Promise Act has now
                                               Johnson recalled:                                       infrastructure workers. Among these                    been pending in the Senate, on the
                                                 History isn’t something you look back and             essential workers are 41,700 DACA re-                  desk of Senator MCCONNELL, for more
                                               say it was inevitable. [History happens] be-            cipients in healthcare—doctors, inten-                 than 1 year.
                                               cause people make decisions that are some-              sive care nurses, paramedics, res-                       On Monday, I sent a letter signed by
                                               times very impulsive and of the moment, but             piratory therapists.                                   all 47 Democratic Senators calling on
                                               these moments are cumulative realities.                   But on September 5, 2017, President                  Senator MCCONNELL to immediately
                                                 James Baldwin, a brilliant writer and                 Trump repealed DACA. Hundreds of                       schedule a vote on the Dream and
                                               thinker, a gay Black man, warned us                     thousands of Dreamers faced losing                     Promise Act. The President has chal-
                                               that ‘‘nothing can be changed until it                  their work permits and being deported                  lenged us: Do something legislatively.
                                               is faced.’’                                             to countries they barely remember.                     Do something, Congress.
                                                 Stonewall was a tipping point. The                    Thankfully, the Supreme Court has                        Senator MCCONNELL, it is within
                                               protests today against the deaths of                    now rejected that effort.                              your power for us to do something and
                                               George      Floyd,   Rayshard     Brooks,                 Unfortunately,      the     President,               to do it quickly.
                                               Breonna      Taylor,    Tony     McDade,                through his tweets, has responded by                     Over the years, I have come to the
                                               Ahmaud Arbery, Laquan McDonald,                         attacking the Court and threatening                    floor of the Senate many times to tell
                                               Tamir Rice, Sandra Bland, and so                        the DACA protectees again. But Chief                   the simple stories of these Dreamers.
                                               many other Black men and women and                      Justice Roberts made it clear it is not                These stories show what is at stake
                                               children are, in fact, a tipping point.                 going to be easy for the President to                  when we consider the fate of DACA.
                                                 Let’s not look away from this his-                                                                             Today I want to tell you about Diana
                                                                                                       carry out his threat. The Chief Justice
                                               toric moment of change. Let this Sen-                                                                          Jimenez. She is the 123rd Dreamer
                                                                                                       wrote that in order to repeal DACA,
                                               ate join on the right side of history.                                                                         whose story I have told on the Senate
                                                                                                       the administration must consider ‘‘ac-
                                               Let’s not let a procedural setback on                                                                          floor. She came to the United States
                                                                                                       commodating particular reliance inter-
                                               the floor of the Senate stop us from                                                                           from Mexico at the age of 6 and grew
                                                                                                       ests.’’ Here is what it means: In order                up in Laredo, TX. She wrote to me, and
                                               finding some common ground to move                      to repeal DACA, the administration
                                               forward.     Let’s    acknowledge      the                                                                     here is what she said about her child-
                                                                                                       must consider the interests of those                   hood:
                                               rightness of this month’s Supreme                       who have come to rely on the program.
                                               Court decision and pass the Equality                                                                             Growing up in the United States was both
                                                                                                       This includes not just DACA recipients                 great and challenging. I loved the people, the
                                               Act to make it plain that discrimina-                   but their American citizen children,                   culture, the language. At times it was also
                                               tion based on sexual orientation and                    the schools where DACA recipients                      hard. Assimilating and learning English, a
                                               gender identity is illegal and will not                 study and teach, and the employers                     totally new language for me, came with its
                                               be tolerated, not just at your place of                 who invested time and money in train-                  setbacks. Still, my neighbors, my teachers
                                               employment but all across America in                    ing them.                                              and the community around me were very
                                               every walk of life. Let’s act to end                      Today, I am calling on President                     welcoming. I’ll never forget that.
                                               state-sanctioned violence and oppres-                   Trump to do the right thing for our Na-                  When Diana was 13, her mother was
                                               sion against our Black and Brown                        tion and not make another effort to re-                admitted to the hospital. Because her
                                               brothers and sisters. Let’s do our part,                peal DACA. Instead, the President                      mother didn’t speak English, Diana
                                               in our time, to make the noble prom-                    should direct the Department of Home-                  had to serve as a translator. This expe-
                                               ises of our Founders real for all Ameri-                land Security to reopen DACA. Since                    rience inspired her to become a nurse.
                                               cans.                                                   2017, when the President announced the                   Diana attended Texas A&M. She was
                                                                      DACA                             end of DACA, the program has been                      on the dean’s list and offered a scholar-
                                                 Mr. President, last week, in another                  closed to new applicants. As a result,                 ship for academic accomplishments,
                                               landmark decision, the Supreme Court                    there are tens of thousands of Dream-                  but she had to turn it down because she
                                               rejected President Trump’s effort to re-                ers who have never been able to apply                  is undocumented. She went on to earn
                                               peal    deportation   protections    for                for their opportunity under DACA.                      her degree in nursing and history,
                                               Dreamers and young immigrants who                         Now Congress also has a responsi-                    along with a minor in economics.
                                               came to the United States as children.                  bility. Last week, President Trump                       Thanks to DACA, she now works as
                                                 In an opinion by Chief Justice John                   tweeted, ‘‘I have wanted to take care of               an operating room nurse on the cardio-
                                               Roberts—an opinion which I have                         DACA recipients better than the Do                     vascular/cardiothoracic specialty team
                                               here—the Court held that the Presi-                     Nothing Democrats, but for two years                   in a hospital in Austin, TX. She is mar-
                                               dent’s decision to rescind the Deferred                 they refused to negotiate.’’ Here is the               ried. She has a baby girl.
                                               Action for Childhood Arrivals Program                   reality: President Trump has rejected                    Here is what Diane says about DACA:
                                                                                                       numerous bipartisan offers to protect                    DACA means opportunity to me. I am glad
                                               was ‘‘arbitrary and capricious.’’
                                                                                                                                                              I live in a country that gives me the chance
                                                 It was 10 years ago—10 years—that I                   the Dreamers.                                          to better myself if I want to. There are doors
                                               joined Republican Senator Dick Lugar                      One example: On February 15, 2018,                   and opportunities for the taking all around
                                               of Indiana on a bipartisan basis to call                the Senate considered a bipartisan                     me, and DACA is the key to my success.
                                               on President Obama to use his legal au-                 amendment offered by Republican Sen-                     Now Diana is on the frontlines of the
                                               thority to protect Dreamers from de-                    ator MIKE ROUNDS and Independent                       COVID–19 pandemic in a State that is
                                               portation. President Obama responded                    Senator ANGUS KING, which included a                   seeing a dramatic increase in infection.
                                               by creating DACA, which provides tem-                   path to citizenship for Dreamers. A bi-                She is worried about infecting her lit-
                                               porary—2 years at a time—protection                     partisan majority of Senators sup-                     tle girl. Here is what she says about
                                               from deportation to Dreamers if they                    ported the amendment, but it fell short                her experience:
                                               register with the government, pay a                     of the 60 votes needed to pass the Sen-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                 I have come in contact with patients in-
                                               substantial fee, and pass a criminal                    ate because of the Trump administra-                   fected with COVID multiple times, and I will
                                               background check.                                       tion’s opposition. On that same day,                   continue to do so as long as I am doing my
                                                 More than 800,000 Dreamers came for-                  the Senate voted on the President’s im-                work. . . . [E]ven though this pandemic has
                                               ward to sign up for DACA. It unleashed                  migration proposal, and that amend-                    affected both my personal and professional
                                               the full potential of these young men                   ment failed by a bipartisan majority of                life, I will continue to do my job as a nurse.
                                               and women, who are contributing to                      39 to 60. In other words, we came close                  I want to thank Diana Jimenez for
                                               America as teachers and nurses and                      to 60 in a bipartisan effort to answer                 her service. She is, in fact, a health



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                                               S3184                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               hero. She is a DACA health hero. She is                 way. Since he is the majority leader,                  made proposals. We passed nine laws
                                               putting herself and her family at risk                  he offered a majority bill sponsored by                and many new regulations. We tried to
                                               to save American lives. Can we ask for                  Senator TIM SCOTT and cosponsored by                   do some things to be ready for the next
                                               anything more? She shouldn’t have to                    a number of us on the Republican side.                 public health emergency. We built
                                               worry about whether a decision by this                    The vote we had a little earlier today               buildings to manufacture vaccines. We
                                               administration will lead to her depor-                  was, shall we proceed to the issue of ra-              created a new structure for managing
                                               tation.                                                 cial justice and police reform, starting               public health emergency. We changed
                                                 As long as I am a Senator, I am going                 with the Scott bill, with an open                      the way the national stockpile is man-
                                               to continue to come to the floor to tell                amendment process?                                     aged. We did a number of things.
                                               the stories of people just like Diana Ji-                 Now what does that mean? That                          One of our witnesses yesterday was
                                               menez. It would be an American trag-                    means that any Democrat could offer                    Senator Bill Frist, who was the major-
                                               edy to deport this brave and talented                   the House bill, or any Democrat could                  ity leader during the mid-2000s. He said
                                               nurse who is saving lives in the midst                  offer any other amendment. Now we                      he made 20 speeches on or about 2005
                                               of this pandemic.                                       have gotten into a bad habit around                    when he said the only question about
                                                 We must ensure that Diana and hun-                    here, which I know the Senator from                    the next pandemic is not whether it is
                                               dreds of thousands of others in our es-                 Illinois doesn’t like either, which is if              coming but when it will come. He list-
                                               sential workforce are not stopped from                  he offers an amendment and I object to                 ed six things that needed to be done
                                               working when the need for their serv-                   his amendment, and then, if I offer an                 back then. Well, the reason we had the
                                               ice has never been greater, and we                      amendment, he says: Well, you ob-                      hearing yesterday was that we didn’t
                                               must give them the chance that they                     jected to mine; I will object to yours.                get all of those things done.
                                               deserve to become American citizens.                    And so we don’t have any amendments.
                                                 Would America be better if Diana Ji-                  But we should be able to bring an im-                    Now, some people might say: Well,
                                               menez was returned to Mexico, if this                   portant bill to the floor, whether it is               weren’t we prepared for this pandemic?
                                               nurse left the operating room at that                   DACA or national defense or whether it                 And most experts felt that we were
                                               hospital, if she decided that she could                 is, criminal justice, and say that it is               pretty well prepared. I read yesterday
                                               no longer stay in the United States and                 open for amendment, and let’s have                     in the hearing a front-page story from
                                               was forced, deported to leave in the                    amendments.                                            the New York Times on March 1 of this
                                               midst of this pandemic? Of course not.                    I think that has happened so little                  year about COVID–19. Let me just go
                                               Every American knows that—Demo-                         over the last several years that people                back. March 1 was 6 weeks after we
                                               crat, Republican, or Independent.                       have forgotten how to do it. If you                    knew about the disease. At the time,
                                                 Why don’t we stand together and re-                   don’t like the amendment, someone                      we had about 100 cases in the United
                                               mind the President that there are val-                  can move to table it. That takes 51                    States and only 2 deaths. There were
                                               ues worth fighting for, and one of them                 votes, and sometimes it is 60 votes. If                many cases around the world. But at
                                               is to make sure that this land of oppor-                we get to the end of the process and the               that time, the New York Times re-
                                               tunity also has room for the immi-                      minority side doesn’t like the bill the                ported that experts said it is ‘‘far from
                                               grants who bring so much to our                         way it is, they can keep it from going                 certain’’ that this disease would spread
                                               shores.                                                 off the floor by refusing to give 60                   to all parts of the country, especially
                                                 I yield the floor.                                    votes. So it was very disappointing                    at the same time, and experts believed
                                                 The PRESIDING OFFICER (Mr. COT-                       when the majority leader has taken a                   that the United States was as well pre-
                                               TON). The Senator from Tennessee.                       limited number of weeks and said: OK,                  pared as any country to deal with this
                                                        BUSINESS BEFORE THE SENATE                     I will give a week and a half to racial                pandemic. That was on March 1. Two
                                                 Mr. ALEXANDER. Mr. President, I                       justice and police reform, starting with               and one-half weeks later, we began to
                                               agree with the Senator from Illinois                    a majority bill and offering to the en-                shut down the whole country by order
                                               that there ought to be a legislative so-                tire Senate a chance to amend it. For                  of the Government.
                                               lution to the DACA children. In fact,                   the other side to say: No, we will not                   So we were prepared, but we were
                                               we had one in 2013. We worked on it in                  even let you go to the bill, I think is                surprised, too, and we underestimated
                                               a bipartisan way—solved a large num-                    very disappointing. Senator SCOTT is                   this virus and how aggressive it is and
                                               ber of immigration issues, trying to                    disappointed, and many of us are, and I                how contagious it is and the fact that
                                               have a legal immigration system. We                     don’t believe it distinguishes the Sen-                it can travel silently without symp-
                                               sent it to the House, and the House                     ate when that occurs.                                  toms.
                                               didn’t consider it. I am ready to con-                               PANDEMIC PREPARATION                        So Dr. Frist was one of the witnesses
                                               tinue to do that.                                         Mr. President, I came to the floor                   yesterday. Mike Leavitt, a former Sec-
                                                 I disagree with one thing that hap-                   today to talk briefly about a hearing                  retary of Health and Human Services,
                                               pened today, though, about bringing                     we held yesterday in the HELP Com-                     former Governor of Utah, was another.
                                               bills to the floor. He talked about the                 mittee on the next pandemic: What do                   Julie Gerberding, who was former head
                                               importance of bringing the DACA legis-                  we need to do to prepare for the next                  of the Centers for Disease Control, was
                                               lation to the floor. That is important                  pandemic?                                              yet another. She is now at Merck. Dr.
                                               once we have an agreement either in                       That caused at least one Senator to                  Khaldun, who is the chief medical offi-
                                               the committee or among us informally.                   say: What are we doing talking about                   cer of the State of Michigan was there.
                                                 The second bill that is very impor-                   the next pandemic when we are in the
                                               tant to bring to the floor is the Na-                                                                            We talked about the next pandemic.
                                                                                                       middle of a big one right now and we
                                               tional Defense Authorization Act,                                                                              Why talk about it now? Because of the
                                                                                                       have a lot of work to do?
                                               which has been enacted for more than                      We do have a lot of work to do, but I                things that Dr. Frist mentioned 20
                                               50 years and to which members of the                    want to answer that question.                          years ago and the things that really
                                               Armed Services Committee have a                           The reason we have to talk about the                 need to get done, we didn’t get that all
                                               chance to offer amendments.                             next pandemic is that we have short                    done in between pandemics. Why? We
                                                 But Senator MCCONNELL is the ma-                      memories. Memories fade. We go on to                   have short memories. Four or five
                                               jority leader, and because he is, he has                the next issue, and we don’t do every-                 months ago we were in the middle of an
                                               one right, really, which is to decide                   thing we needed to do.                                 impeachment of the President. That
                                               what to bring to the floor. He pushed                     We have had public health emer-                      sounds like ancient Roman history
                                               aside the National Defense Authoriza-                   gencies before. Some Senators were                     today.




SSpencer on DSK126QN23PROD with SENATE
                                               tion Act, which is important, and said:                 here when anthrax drove Senators from                    Our minds go on to the next crisis if
                                               In these times, I think the important                   their offices. There was SARS and the                  we don’t get things done. So the time
                                               thing for me to do is to bring to the                   2009 flu pandemic. There was Ebola.                    to look at the next pandemic is while
                                               floor legislation on police reform and                  There was MRSA. Four Presidents—                       we are in the middle of this one and
                                               racial justice and allow the Senate to                  Bush, Obama, Trump, and Clinton—all                    say: What are we lacking? What could
                                               have an open amendment process. He                      reacted to those in the way you would                  we do better? And let’s fix it while the
                                               did that in what would be the logical                   think. They issued reports, and they                   iron is hot, while our eye is on it.



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3185
                                                 For example, one of the things that                   will learn from that for the next pan-                 colleges can open safely, that will be
                                               they suggested that we do—all of the                    demic.                                                 the surest avenue toward normalcy in
                                               witnesses—is that we have a dedicated                     On disease surveillance, there is a lot              the year 2020 before we have a vaccine.
                                               source of funding for stockpiles and for                of criticism of the Centers for Disease                  We also had a hearing last week on
                                               research.                                               Control’s inability to gather all the                  telehealth. We have had 10 years of ex-
                                                 Do you think that is easy to do? I                    data it needs to track emerging dis-                   perience crammed into 3 months. We
                                               don’t think it will be easy to get done.                eases in the way that it should. Now is                have gone from very little telehealth
                                               It took us years to pass the outdoor                    the time to deal with that.                            medical services delivered remotely to,
                                               recreation bill, the Great American                       Stockpiles, distributions, and surges                in some cases, 40 percent or 50 percent
                                               Outdoors Act, because of those kinds of                 in hospitals. We had to shut down hos-                 of the doctor-patient visits being done
                                               funding issues. We are more likely to                   pitals’ elective surgeries, creating                   remotely. Many people think that will
                                               create a dedicated stream of funding                    enormous costs all across the country.                 level off at 15 to 20 percent. That would
                                               for preparedness for the next pandemic                  We had to come up with $175 billion                    probably be the biggest change in de-
                                               if we do it in the middle of this pan-                  just over the last 3 months to try to                  livery of medical services in our Na-
                                               demic, when we have our eye on the                      help hospitals recover that. Can we not                tion’s history. I can’t think of a bigger
                                               ball.                                                   do a different job of preparing for the                one. Hundreds of millions of visits will
                                                 Another recommendation is that we                     surge of patients that will come with a                be done remotely instead of in-person.
                                               should have an office in the National                   pandemic? Maybe the best time to do                      I recommended that at least the two
                                               Security Council to provide coordina-                   that is while we are in the midst of a                 major changes that we have made tem-
                                               tion between epidemics and during the                   pandemic.                                              porarily in telehealth be made perma-
                                               next one. That is not easy to do, either.                 On public health capabilities, I men-                nent. Yesterday was what to do about
                                               When is the best time to do it? Now,                    tioned strengthening the local public                  the next pandemic.
                                               during this pandemic, when we have                      health system. Then, who is on the                       Next Tuesday will be our fifth hear-
                                               our eye on the ball.                                    flagpole? Is there a better way to have                ing this month, and it will include Dr.
                                                 Another proposal that came up very                    a Supreme Allied Commander with all                    Fauci, Dr. Redfield, Dr. Hahn, and Ad-
                                               often is that we ought to build manu-                   the various agencies that we have                      miral Giroir, who will give us an up-
                                               facturing plants for vaccines that we                   today.                                                 date on going back to school and col-
                                               don’t use between pandemics and that                      Those plus the need for dedicated                    lege and work.
                                               we ought to spend the money to keep                     funding are difficult issues. The answer                 Mr. President, I ask unanimous con-
                                               them ‘‘open and warm,’’ in the words of                 to the question, ‘‘Why in the world are                sent to have my opening statement
                                               Mike Leavitt, so that they are ready                    we having a hearing on the next pan-                   from yesterday’s hearing printed in the
                                               when suddenly a pandemic comes.                         demic when we are in the middle of                     RECORD.
                                                 Remember, this one hit us fast.                       this one?’’ is because for the last 20                   There being no objection, the mate-
                                               There were not many cases on March 1                    years, between pandemics, we hadn’t                    rial was ordered to be printed in the
                                               and shutting down the government by                     gotten the job done on some of the                     RECORD, as follows:
                                               the end of March. We need those manu-                   things that needed to be done that Dr.                               OPENING STATEMENT
                                               facturing plants and that is something                  Frist mentioned when he was majority                     COVID–19: LESSONS LEARNED TO PREPARE FOR
                                               we haven’t gotten done in the way we                    leader in 20 speeches, 20 years ago. So                              THE NEXT PANDEMIC
                                               should have gotten done—some of it.                     if we can’t do it between pandemics,                                    [June 23, 2020]
                                               When is the next best time to do it?                    let’s do it during a pandemic. That is                   Less than four months ago, on March 1—
                                               Now, while we have our eye on the ball.                 what our hearing was about.                            when the coronavirus had caused a little
                                                 Strengthening our State and local                       It was a good hearing—terrific wit-                  more than 3,000 deaths worldwide and 2
                                               public    health     systems—Governor                   nesses, good suggestions. At the end, I                deaths in the United States—The New York
                                               Leavitt said that over the last 40 years,               asked all four witnesses to please sum-                Times reported: ‘‘With its top-notch sci-
                                               we have consistently underfunded our                    marize the three things that each one                  entists, modern hospitals and sprawling pub-
                                               State and local health systems. They                    thought should be done this year if                    lic health infrastructure, most experts agree,
                                                                                                                                                              the United States is among the countries
                                               are the leaders in our effort to deal                   they could. As it turns out, they are all
                                                                                                                                                              best prepared to prevent or manage such an
                                               with this or any pandemic, including                    hard to do, and, second, most of them                  epidemic.’’
                                               the next one. When is the next time to                  would not only help with the next pan-                   Even the experts underestimated the ease
                                               get over this bad habit of underfunding                 demic, but they will help with the cur-                of transmission and the ability of this novel
                                               our State and local public health sys-                  rent one that we are in.                               coronavirus to spread without symptoms.
                                               tems? Right now, when we see that we                      That was our fourth hearing this                       Those qualities have made the virus—in
                                               need it and we see what deficiencies we                 month by the HELP Committee. We                        the words of infectious disease expert Dr.
                                               might have.                                             have had a hearing on going back to                    Anthony Fauci, ‘‘my worst nightmare.’’
                                                                                                                                                                ‘‘In the period of four months, it has dev-
                                                 Now on stockpiles, in between some                    college safely. We had one on going
                                                                                                                                                              astated the world,’’ Dr. Fauci said recently
                                               of these earlier pandemics, we changed                  back to school safely. Those two hear-                 in remarks at a virtual convention.
                                               the management of the stockpile, spent                  ings made clear to me the need for us                    This committee is holding this hearing
                                               some money to ensure protective                         to consider if we have another piece of                today because, even with an event as signifi-
                                               equipment was in there and the things                   COVID legislation in July, that it                     cant as COVID–19, memories fade and atten-
                                               we need. It turned out not to be suffi-                 needs to include sufficient funds to                   tion moves quickly to the next crisis.
                                               cient. Why? The problem was that be-                    make sure our 100,000 schools and 6,000                  While the nation is in the midst of re-
                                               tween pandemics, we took our eyes off                   colleges can open safely in the fall. The              sponding to COVID–19, the United States
                                                                                                       way to open the economy is to go back                  Congress should take stock now of what
                                               the ball and budgets got tight and
                                                                                                                                                              parts of the local, state, and federal response
                                               States and hospitals began to save                      to school and back to college and back                 worked, what could work better and how,
                                               money by getting rid of the things in                   to childcare. That will get us back to                 and be prepared to pass legislation this year
                                               their local stockpiles. So for all of                   work. Two-thirds of the married fami-                  to better prepare for the next pandemic,
                                               those reasons, the things that we need                  lies in this country have parents, both                which will surely come.
                                               to do need to be done now.                              of whom work outside the home. Chil-                     On June 9, I released a white paper out-
                                                 I put out a white paper a few weeks                   dren aren’t learning when they are let                 lining 5 recommendations for Congress to




SSpencer on DSK126QN23PROD with SENATE
                                               ago inviting comment from experts                       out of school in March and don’t go                    prepare Americans for the next pandemic:
                                               around the country on what we need to                   back to school in 6 months or maybe                      1. Tests, Treatments, and Vaccines—Accel-
                                                                                                                                                              erate Research and Development
                                               do now to prepare for the next pan-                     even in 8 or 10 months, if they don’t go                 2. Disease Surveillance—Expand Ability to
                                               demic. Item No. 1 was tests, treat-                     back in the fall. So there is some                     Detect, Identify, Model, and Track Emerging
                                               ments, and vaccines. How do we accel-                   health risk, but if we do our job here to              Infectious Diseases
                                               erate research and development? We                      provide sufficient funds in July to                      3. Stockpiles, Distribution, and Surges—
                                               are doing a good job now. Hopefully, we                 make sure our 100,000 schools and 6,000                Rebuild and Maintain Federal and State




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                                               S3186                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               Stockpiles and Improve Medical Supply                   sponse, many states did not have enough                  But you can go back even further
                                               Surge Capacity and Distribution                         trained doctors, nurses and health care pro-           than what Dr. King said. You can go
                                                 4. Public Health Capabilities—Improve                 fessionals; had inadequate stockpiles; and             back hundreds of years. St. Augustine
                                               State and Local Capacity to Respond                     struggled with funding challenges. In some
                                                 5. Who Is on the Flagpole?—Improve Co-                instances, overreliance on inflexible federal
                                                                                                                                                              said it well, about justice. He said:
                                               ordination of Federal Agencies During a                 funding contributed to these problems.                 ‘‘Without justice, what are kingdoms
                                               Public Health Emergency                                   Looking at lessons learned from the                  but great bands of robbers?’’
                                                 I have invited comments, responses, and               COVID–19 crisis thus far, many of the chal-              Kingdoms as bands of robbers. There
                                               any additional recommendations for the                  lenges Congress has worked to address dur-             has been a lot of robbery over many,
                                               Senate Committee on Health, Education,                  ing the last 20 years still remain.                    many years—even generations—when
                                               Labor and Pensions to consider. This feed-                Additionally, COVID–19 has exposed some
                                                                                                                                                              it comes to Black Americans. For hun-
                                               back will be shared with my colleagues, both            gaps that had not been previously identified.
                                                                                                       These include unanticipated shortages of               dreds of years, Black Americans have
                                               Democrat and Republican.
                                                 This is not a new subject for any of the              testing supplies and sedative drugs, which             been robbed of the equal protection of
                                               witnesses we have today.                                are necessary to use ventilators for COVID–            the law.
                                                 Fifteen years ago, then Majority Leader of            19 patients.                                             The U.S. Supreme Court has embla-
                                               the Senate, Bill Frist, said in a speech at the           Memories fade and attention moves quick-             zoned on the front portico of that
                                               National Press Club that a viral pandemic               ly to the next crisis. That makes it impera-           building, just yards from here, ‘‘Equal
                                               was no longer a question of if, but a question          tive that Congress act on needed changes               Justice Under Law.’’ So many Black
                                               of when. He recommended what he calls a ‘‘6             this year in order to better prepare for the
                                                                                                       next pandemic.                                         Americans have been robbed of equal
                                               point public health prescription to minimize
                                                                                                         I look forward to hearing from our wit-              justice under law. They have been
                                               the    blow—communication,         surveillance,
                                               antivirals, vaccines, research, stockpile/              nesses today and I also appreciate the feed-           robbed of opportunity—the opportunity
                                               surge capacity.’’                                       back we are receiving on the white paper. I            to advance in a country that would not
                                                 Sen. Frist is one of our witnesses today. I           have set a deadline for June 26 on that feed-          hold the color of their skin against
                                               am including two of his speeches in the hear-           back so the committee has time to draft and            them. They have been robbed of that.
                                               ing record.                                             pass legislation this year.
                                                                                                                                                              They have been robbed of their dignity
                                                 Our next witness, Dr. Joneigh S. Khaldun                Mr. ALEXANDER. I yield the floor.                    over and over, in grave ways and in
                                               (jo-NAY kal-DOON) serves as the Chief Med-                The PRESIDING OFFICER. The Sen-                      other ways that people never saw—all
                                               ical Executive and Chief Deputy Director for            ator from Pennsylvania.                                the indignities, all the insults, and all
                                               Health at the Michigan Department of                                      THE JUSTICE ACT
                                               Health and Human Services, where she has                                                                       the mistreatment. Not to mention,
                                                                                                         Mr. CASEY. Mr. President, I rise this                worse than that, Black Americans have
                                               worked with other state and federal agencies
                                               to coordinate Michigan’s response to COVID–
                                                                                                       afternoon to speak about the bill that                 been robbed of the chance to truly pur-
                                               19.                                                     we voted on earlier today and the de-                  sue the American dream.
                                                 Another witness is Dr. Julie Gerberding,              bate that has ensued prior to that vote                  They have been robbed of peace of
                                               who served as the Director of the Centers for           and I am sure afterwards.                              mind, something that those of us who
                                               Disease Control and Prevention under Presi-               This is a moral moment for the coun-                 are White should think about a lot
                                               dent George W. Bush, and helped lead pre-               try. I believe most would agree with                   more. I should think about more, as a
                                               paredness efforts and the response to SARS,             that. The question is, How will our Na-
                                               West Nile Virus, H5Nl avian influenza, and                                                                     White male, of the peace of mind that
                                                                                                       tion respond at this moral moment?
                                               the rise of multi-drug resistant bacteria like                                                                 a parent has. A father or a mother
                                                                                                         The brutal murder of George Floyd
                                               MRSA.                                                   by a police officer ‘‘shames us before                 should have the peace of mind in Amer-
                                                 Another witness is Governor Michael
                                                                                                       the world.’’ I am quoting an NAACP of-                 ica when their son or daughter—but
                                               Leavitt, who served as Governor of Utah and                                                                    often it is their son—leaves the house
                                               as U.S. Secretary of Health and Human Serv-             ficial who said it for all of us. His mur-
                                                                                                       der did shame us before the world, so                  in the morning: Will he be mistreated
                                               ices and Administrator of the Environmental
                                                                                                       did the murder of Rayshard Brooks and                  walking through a neighborhood by an
                                               Protection Agency under President George
                                               W. Bush.                                                Breonna Taylor, and we can go on from                  official of our government law enforce-
                                                 Following the emergence of HSN1 avian                 there, with so many names that we                      ment or otherwise? Will he be pulled
                                               flu, Governor Leavitt increasingly focused              haven’t heard before, and many that                    over and have his rights violated be-
                                               his efforts on pandemic preparedness. As                we will hear over and over.                            cause of the color of his skin? Black
                                               Secretary in 2007, he said this: ‘‘Everything             A lot of us feel that shame. Countless               Americans have been robbed of that
                                               we do before a pandemic will seem alarmist.                                                                    peace of mind, in addition to so many
                                               Everything we do after a pandemic will seem
                                                                                                       millions of Americans feel that shame.
                                                                                                       They feel that sadness and they feel                   other kinds of robbery that have im-
                                               inadequate. This is the dilemma we face, but
                                                                                                       that anger all these weeks since that                  pacted their lives.
                                               it should not stop us from doing what we can
                                               to prepare.’’                                           terrible moment that we all witnessed,                   So what do we do? Do we simply
                                                 Congress has passed legislation to prepare            and so many other moments before and                   march and protest and express out-
                                               for pandemics before: During the past 20                after that. As they feel that shame and                rage? All of that is important. All of
                                               years, four Presidents and several Congresses           express anger and frustration, and as                  that is vital. In fact, all of that is one
                                               enacted nine significant laws to help local,            they protest and proclaim, as they                     of the reasons we are even here talking
                                               state, and federal governments, as well as                                                                     about it on the Senate floor—people in
                                                                                                       march and mobilize, as they use their
                                               hospitals and health care providers, to pre-                                                                   both parties talking about it. In my
                                               pare for a public health emergency, includ-             voice and cast their votes, they de-
                                                                                                       mand change, but not simply change in                  home State of Pennsylvania, there are
                                               ing a pandemic.
                                                 Congress provided over $18 billion to states          and of itself, a certain kind of change—               very few counties—just a handful of
                                               and hospital preparedness systems over the              the kind of change we see rarely in                    counties—that have not had one or two
                                               last 15 years to help them prepare as well.             Washington these days and, frankly,                    or many more protests in a State with
                                                 In writing those laws, Congress considered            rarely over the course of American his-                67 counties.
                                               many reports from presidential administra-              tory, but I think we might be in one of                  Part of what we have to do as legisla-
                                               tions, Offices of Inspectors General, the Gov-                                                                 tors, as Members of this legislative
                                                                                                       those moments now.
                                               ernment Accountability Office, and outside                                                                     body called the U.S. Senate, is to, in
                                                                                                         They demand transformative change.
                                               experts.
                                                 The reports contained warnings that the               They demand, and appropriately so,                     fact, legislate. Let me start with the
                                               U.S. needed to address the following issues:            systemic change to a criminal justice                  bill that was introduced about 2 weeks
                                               better methods to quickly develop tests,                system that is infused with racism.                    ago, the Justice in Policing Act, S.
                                               treatments, and vaccines and scale up manu-             Their righteous demand for change is,                  3912.
                                               facturing capacity: better systems to quick-            in fact, a petition for justice.                         If I had to describe the bill in one
                                               ly identify emerging infectious diseases;                 In the 1950s and 1960s, Martin Luther                word, it would be accountability. I




SSpencer on DSK126QN23PROD with SENATE
                                               more training for the health care and public            King said it well, among many things                   think there is a big difference between
                                               health workforces; better distribution of               he said well, about where we were then                 that bill, the Justice in Policing Act,
                                               medical supplies; and better systems to
                                                                                                       and, unfortunately, where we are now.                  and the bill offered by the majority.
                                               share information within and among states,
                                               and between states and the federal govern-              His words still ring true. He said: ‘‘In-              Accountability is vital. It is essential.
                                               ment.                                                   justice anywhere is a threat to justice                We cannot move forward and say that
                                                 Many reports also warned that while states            everywhere.’’ It is still true today in                we have done something substantial to
                                               play the lead role in a public health re-               the context of this debate.                            bring about justice and to advance the



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3187
                                               cause of justice unless there is ac-                    course, supposed to be judicially en-                  the light!’’ And then it goes on to say:
                                               countability. The bill also has very                    forced. These decrees can often ensure                 ‘‘We are called to act with justice.’’
                                               strong transparency provisions, as well                 that a police department implements                      If we are going to act with justice
                                               as a long menu of actions we can take                   reforms. Here is one of the problems.                  here by way of legislation, we should
                                               to improve police practices in a mean-                  The Trump administration has vir-                      listen not just to the Scriptures or to
                                               ingful way. Let me start with account-                  tually abandoned this practice of                      Dr. King or to St. Augustine. We
                                               ability.                                                bringing these pattern-or-practice in-                 should also listen to a more recent Dr.
                                                 When we talk about accountability,                    vestigations. The Obama administra-                    King. He just happens to be the former
                                               we are talking about constitutional                     tion opened 25 such cases. But even                    Education Secretary, Dr. John B. King.
                                               violations—preventing those violations                  under the Obama administration, there                  He just testified a couple of weeks ago
                                               and holding those accountable that en-                  was a constraint because of the lack of                in our Health, Education, Labor, and
                                               gage in constitutional violations. We                   subpoena power. That should be                         Pensions Committee, the committee
                                               could, for example, revise 18 U.S. Code,                changed.                                               that Senator ALEXANDER was talking
                                               section 242. It is, right now, as a matter                I will just mention two more provi-                  about.
                                               of law, a violation of law for any law                  sions. It is a long list, but I will just                Former Secretary of Education King
                                               enforcement officer to willfully deprive                mention two more. The Justice in Po-                   said the following regarding students
                                               a person of any right protected by the                  licing Act bans choke holds and bans                   returning to school this year, and I
                                               Constitution. But it is almost impos-                   carotid holds. And No. 5, it bans no-                  think it bears directly not just on
                                               sible for prosecutors to prove willful-                 knock warrants in Federal drug cases.                  these justice issues but also on the
                                               ness, and the Department of Justice                       Now, what about the bill offered by                  broader agenda that we should push
                                               doesn’t prosecute very many cases in a                  the Republicans, the majority here in                  forward to advance the interests of
                                               Nation of 18,000 law enforcement agen-                  the Senate? The Republican bill does                   Black Americans and communities of
                                               cies.                                                   not, in my judgment, respond to this                   color.
                                                 This bill would revise the intent                     moral moment. It does not substan-                       Dr. King, in this testimony just re-
                                               standard, known by the Latin ‘‘mens                     tially advance the cause of justice be-                cently, said the following.
                                               rea’’—the intent standard—to know-                      cause it is devoid of provisions that                    When our students return to school build-
                                               ingly or with reckless disregard. So the                would impose accountability—real ac-                   ings, they will need additional supports as
                                               change of that standard under law                       countability—on law enforcement, and                   they grapple with the continued reality of
                                               would make it more likely that suc-                     especially on a particular law enforce-                racism in America and the legacy of over 400
                                               cessful prosecutions can be brought                     ment officer who is sworn to protect                   years of anti-Blackness. The murders of
                                               when constitutional rights are violated                 Americans. He is not sworn to violate                  George Floyd—
                                               in a criminal manner.                                   their constitutional rights. So when a                    And then he lists some others—
                                                 The second constitutional violation                   law enforcement officer engages in                       [Those murders] have once again sent the
                                               provision speaks to civil liability. Re-                that conduct, there must be account-                   message to Black students that their lives
                                               forming our civil liability laws are                    ability. The bill does not speak to that               are devalued.
                                               often referred to by a particular doc-                  in a fashion that I think would bring                    He goes on in his testimony to talk
                                               trine, qualified immunity. In cases                     about change.                                          about the moment we are in—the mo-
                                               where a citizen is a victim of police                     The bill also doesn’t even explicitly                ment I have called the moral moment,
                                               misconduct, this is a constitutional                    ban choke holds and carotid holds,                     as have others.
                                               violation when it happens. Currently, a                 meaning a choke hold that cuts off                       Dr. John King said:
                                               police officer who violates an Ameri-                   your air flow, which we know can kill                    [We face a moment where] our nation’s
                                               can’s constitutional rights is often pro-               someone, and also the carotid hold,                    students of color and their families also find
                                               tected by a liability shield we know as                 which cuts off your blood flow. We                     themselves enduring a pandemic that dis-
                                               qualified immunity. This doctrine has                   know that both can be dangerous. Both                  proportionately impacts their health and
                                               been questioned by many. There are at                   can be, in fact, lethal. The bill doesn’t              safety, mired in an economic crisis that dis-
                                               least two Supreme Court Justices, who                   ban them. That is the only reason, po-                 proportionately affects their financial well-
                                                                                                                                                              being, and living in a country that too often
                                               don’t usually agree on much, that                       tentially, we are even here debating                   still struggles to recognize their humanity.
                                               questioned it. Members of the U.S. Sen-                 this, because the American people—
                                               ate in both parties here have ques-                     God only knows, tens of millions—                        As Dr. Martin Luther King and Dr.
                                               tioned this doctrine. Basically, the doc-               watched a police officer choke the life                John King, the former Secretary of
                                               trine holds that police cannot be liable                out of a human being, George Floyd.                    Education, and others have told us, we
                                               unless the conduct violates ‘‘clearly es-               Without that video, I am not sure we                   have to make sure this is a moment we
                                               tablished’’ standards or a standard set                 would be here debating this bill or any                can act with justice, as the hymn tells
                                               forth in prior cases, and most courts                   bill. But the idea that this practice is               us.
                                               dismiss such cases. The bill would re-                  not banned under this bill makes the                     All of us, no matter where we are
                                               form that doctrine of qualified immu-                   bill woefully deficient, and I think that              from and no matter what party we are
                                               nity to ensure that Americans can re-                   is an understatement.                                  in—all of us—are called to act with jus-
                                               cover damages in a case where their                       The bill fails to ban no-knock war-                  tice. So let us not fail to act with jus-
                                               constitutional rights are violated by                   rants, even in the context—frankly, a                  tice in this moral moment. Let us em-
                                               the actions of law enforcement.                         limited context—of Federal drug cases.                 brace this moment. Pass the Justice in
                                                 There are two provisions that speak                   It doesn’t do that. That kind of a ban                 Policing Act or something very close
                                               to accountability. There is a third, as                 might have saved the life of Breonna                   to that, and bring the warm light of
                                               well, and I will not go through all of                  Taylor, for example. The Republican                    justice to millions of Americans, espe-
                                               them. Accountability also means                         bill doesn’t prohibit racial profiling,                cially Black Americans.
                                               strengthening pattern-or-practice in-                   and it provides no change—no substan-                    I yield the floor.
                                               vestigations by granting subpoena                       tial change—in the militarization of                     The PRESIDING OFFICER. The Sen-
                                               power to the Civil Rights Division at                   police forces.                                         ator from Indiana.
                                               the Department of Justice, and also                       In the end, we are here not just to de-                                BORDER SECURITY
                                               providing grants and funding to State                   bate and to focus on bills and policy in                 Mr. YOUNG. Mr. President, there has
                                               attorneys general to conduct these pat-                 language, but we are here to talk about                been a lot of talk on this floor about
                                                                                                       justice. There is a great hymn I heard                 border security in recent years. It is




SSpencer on DSK126QN23PROD with SENATE
                                               tern-or-practice investigations at the
                                               State level. The focus here, again, is on               in church over many years. It is rooted                amazing how much of what is said re-
                                               constitutional violations that are sys-                 in the Scriptures. One of the refrains or              sembles what was said a quarter cen-
                                               temic in a local jurisdiction or sys-                   one of the parts of the refrain of that                tury ago. I am equally amazed by how
                                               temic in a State agency.                                hymn is this: ‘‘We are called to act                   the politics of border security have
                                                 What results from these kinds of in-                  with justice.’’ Those are the exact                    changed over that time period.
                                               vestigations often are consent decrees.                 words of that hymn. The first couple of                  Earlier this week—it has been widely
                                               These consent decrees by courts are, of                 lines of the hymn are: ‘‘Come! Live in                 publicized—President Trump visited



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                                               S3188                                             CONGRESSIONAL RECORD — SENATE                                                          June 24, 2020
                                               Yuma, AZ, to highlight the continued                    time period. This includes 497 deaths                   The PRESIDING OFFICER (Mrs.
                                               need for border security. Now, as some-                 last year. That is a 26-percent increase               BLACKBURN). The Senator from North
                                               one who has actually had firsthand ex-                  from the year prior. This is a true hu-                Dakota.
                                               perience with border security, I                        manitarian crisis today. It is also a na-                     REMEMBERING SISTER THOMAS WELDER
                                               thought I would say a few words as                      tional security threat.                                  Mr. CRAMER. Madam President, I
                                               well.                                                      In addition to migrants fleeing Cen-                come to the floor today with, frankly,
                                                  As a U.S. marine in the 1990s, I spent               tral America, it is possible that foreign              a heavy heart and a fair bit of trepi-
                                               months in a desolate, forbidding                        terrorist organizations could penetrate                dation. My goal over the next few min-
                                               stretch of desert—my apologies to Ari-                  this porous border. So border security                 utes is to pay tribute to somebody who
                                               zonans—that was a stone’s throw away                    and the safety of Americans has long                   is so special, so remarkable, so beloved,
                                               from Yuma, AZ, the same place where                     been and should remain a priority of                   so important to my home State of
                                               these Border Patrol agents stand. Now,                  all Republicans and Democrats, espe-                   North Dakota that I feel inadequate,
                                               my marines and I were part of an un-                    cially those who serve here at the Fed-                frankly. But here I am to pay tribute
                                               manned aerial vehicle unit. We worked                   eral level.                                            to Sister Thomas Welder, who died and
                                               with Border Patrol agents, like these                      President Trump is not the first                    went to be with the Lord on Monday
                                               gentleman, and we were charged with                     President—underscore ‘‘not the first                   morning of this week at the age of 80.
                                               patrolling the border in the Yuma Sec-                  President’’—to understand this or to                     Sister Thomas was for 31 years the
                                               tor. They were on the ground. We flew                   emphasize this issue. When I was serv-                 president of the University of Mary and
                                               drone missions to help them collect in-                 ing in Arizona as a marine, President                  in the last several served as president
                                               telligence. It is a dangerous area with                 Clinton was our Nation’s Commander                     emerita—very active. She was a mem-
                                               heavy narcotics and human trafficking.                  in Chief. During a 1993 press con-                     ber of the Benedictine Sisters of An-
                                                  While there, I saw the need for great-               ference, President Bill Clinton touted                 nunciation Monastery at Bismarck.
                                               er border security. Now, uniquely,                      increasing the number of Border Patrol                 She was a dear personal friend—and
                                               among the military services—and I                       agents and working to supply them                      not just to me but to everyone. When I
                                               know our Presiding Officer had a dis-                   with the best possible equipment and                   say ‘‘everyone,’’ I mean everyone who
                                               tinguished career in the U.S. Army—                     technology. He repeated this message                   mattered. I am unprepared, frankly, to
                                               the Marines are charged, by statute,                    on multiple occasions. Then, during his                begin to really address all that she is
                                               with tackling whatever mission, how-                    1995 State of the Union address, Presi-                and was and does and means to people.
                                               ever daunting, the President requests                   dent Clinton said: ‘‘Our administration                  Madam President, first of all, I would
                                               of us. In fact, in 1834, Congress passed a              has moved aggressively to secure our                   like to ask unanimous consent to print
                                               statute right on point, indicating,                     borders more by hiring a record num-                   in the RECORD her obituary, as well as
                                               under the law, that the Marines would                   ber of new border guards.’’ President                  the news release announcing her pass-
                                               ‘‘conduct such other duties as the                      Clinton understood this, and he wasn’t                 ing from the University of Mary.
                                               President or Department of Defense                      the last Democrat to prioritize border                   There being no objection, the mate-
                                               may direct’’—pretty broad. It is pretty                 security.                                              rial was ordered to be printed in the
                                               broad language. When in doubt, send in                                                                         RECORD, as follows:
                                                                                                          President Obama, too, understood its
                                               the Marines, I guess.                                                                                                      SISTER THOMAS WELDER
                                                                                                       importance. You see, we forget this. It
                                                  Well, our unit’s mission—not glam-                                                                                    [April 27, 1940–June 22, 2020]
                                                                                                       is amazing how quickly we forget.
                                               ourous, but important then and impor-                                                                             Sister Thomas Welder, 80, a member of the
                                                                                                       Under the Obama administration, a
                                               tant now—was to help make the border                                                                           Benedictine Sisters of Annunciation Mon-
                                                                                                       surge of additional Border Patrol                      astery, Bismarck, and president of the Uni-
                                               more secure. It is a critical mission,
                                                                                                       agents and resources were provided to                  versity of Mary for 31 years, passed into eter-
                                               which remained a priority under Presi-
                                                                                                       secure the southwest border and to pre-                nal life June 22, 2020, at the monastery, fol-
                                               dents Clinton and Bush.
                                                  Later, a physical barrier was placed                 vent illegal crossings. In fact, this may              lowing a recent diagnosis of kidney cancer.
                                                                                                       be uncomfortable for some, but Presi-                     Mass of Christian burial is scheduled for
                                               in the Yuma Sector. It was years after                                                                         Monday, June 29, at 10:00 a.m. in Our Lady of
                                               I left Active Duty. Trafficking de-                     dent Obama was often called the
                                                                                                                                                              the Annunciation Chapel (OLA) at the Bene-
                                               creased over roughly a decade’s time                    ‘‘deporter in chief’’ during his Presi-
                                                                                                                                                              dictine Center for Servant Leadership at the
                                               period by 95 percent after that physical                dency, with roughly 3 million people                   University of Mary. Visitation will be held
                                               barrier was erected. It shouldn’t be                    deported under the Obama administra-                   at OLA from 9 a.m. to 10 a.m. before the fu-
                                               controversial. It is not ideological.                   tion. Again, border security should not                neral. Due to Covid–19 restrictions, the fu-
                                               This is just factual. We know walls                     be a partisan issue.                                   neral is limited to Welder’s family and close
                                                                                                          Historically, both sides of the aisle               friends. The funeral can be viewed online
                                               work when properly and intelligently                                                                           through livestream at: www.umary.edu/
                                               placed.                                                 have agreed that the humanitarian and
                                                                                                                                                              SisterThomas. A public vigil service with
                                                  Now, historically, there has been a                  security issues at our southern border
                                                                                                                                                              Evening Prayer will be held Sunday, June 28,
                                               bipartisan consensus around the idea                    must be addressed, so it is time for                   at 7 p.m. in Our Lady of the Annunciation
                                               that we not only put boots on the                       Democrats to partner with Senate Re-                   Chapel, with visitation prior from 1 p.m. to
                                               ground to protect the border but we                     publicans and President Trump to se-                   7 p.m. Sunday’s visitation and vigil service
                                               also must invest in technology to se-                   cure the border and to put Americans                   will also be livestreamed.
                                               cure our border, including physical bar-                first.                                                    Sister Thomas (baptismal name Diane
                                                                                                          If we resolve to work together on a                 Marie) was born in Linton, N.D. on April 27,
                                               riers where they are required. The                                                                             1940, to Mary Ann (Kuhn) and Sebastian
                                               President was absolutely right years                    sensible solution to this crisis—and I                 Welder. She was the oldest of three children.
                                               ago when he brought up this issue. He                   resolve to—the result will be safer bor-               When she was two, the family moved to Bis-
                                               was right this week in Yuma, AZ. He is                  der towns, more jobs for American                      marck.
                                               right today, and he will be right tomor-                workers, fewer strains on limited gov-                    A graduate of St. Mary’s High School, she
                                               row as he continues to emphasize this                   ernment resources, and a deterrent to                  joined Annunciation Monastery after a year
                                               issue. We must address this situation                   foreign nationals coming to America                    of college in Minnesota. Attracted by the
                                                                                                       illegally and putting themselves and                   community and prayer life of the sisters, she
                                               that is taking place along our southern                                                                        felt God’s call to become one of them. As a
                                               border. We mustn’t lose our resolve.                    others at great risk.
                                                                                                                                                              novice, she was given the name of Sister
                                                  There are illegal crossings and smug-                   So the Senate cannot lose its nerve                 Thomas. She made her monastic profession
                                               glers who are trafficking drugs and                     when it comes to the rule of law in ad-                on July 11, 1961. Sister Thomas cherished
                                               people that have created a horrific hu-                 dressing border security. This is one




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                                                                                                                                                              Benedictine monastic life which she lived
                                               manitarian crisis and an ongoing na-                    area where we cannot just send in the                  faithfully for 59 years.
                                               tional security threat. Don’t take it                   Marines. We own this. This body owns                      She graduated from the College of St.
                                               from me. According to the United Na-                    this. Every U.S. Senator owns this                     Scholastica, Duluth with a bachelor’s degree
                                                                                                                                                              in music and earned a master’s degree in
                                               tions Missing Migrants Project, more                    issue, so we, the U.S. Senate, must                    music from Northwestern University, Evans-
                                               than 2,400 migrants have died near the                  work collectively. We must come to-                    ton, Ill.
                                               United States-Mexico border since                       gether on this and work with our Presi-                   A dedicated servant leader, she gave her
                                               2014—2,400 migrants over a fairly short                 dent to keep America safe and secure.                  life to the University of Mary for 57 years.




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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3189
                                               She led from her heart and touched the lives               ‘‘Sister Thomas lived her life for others,’’        dents, faculty, staff, and guests of the Mon-
                                               of many. She was president from 1978 to 2009.           said Sister Nicole Kunze, Prioress of Annun-           astery would marvel when she asked about
                                               Under her remarkable leadership, the school             ciation Monastery. ‘‘She was always giving             people and situations in their lives that had
                                               attained university status in 1986; tripled in          to others, whether it was a smile, an encour-          been discussed months, even years, earlier.
                                               size from 925 students to 3,000; added the uni-         aging word or a promise of prayer. She often           She had a ready laugh and gentle nature
                                               versity’s first doctorate, grew on-site and on-         said that the greatest gift you could give a           that made others comfortable in her pres-
                                               line adult learning programs to 16 locations            person was the gift of your time, and she did          ence.’’
                                               across the state, region and nation, and                that without fail. Sister Thomas modeled so              Welder, a Bismarck native, attended the
                                               moved to NCAA Division II athletics.                    many of our Benedictine values with ease               College of St. Benedict, graduated from the
                                                 Sister Thomas was present to students,                and grace. She truly received all as Christ.           College of St. Scholastica, Duluth, and
                                               faculty and staff. She attended student recit-          She was intent on maintaining a vibrant                earned a master’s degree in music from
                                               als and concerts, cheered at athletic events            connection between the sisters of the mon-             Northwestern University in Evanston, Illi-
                                               and participated in many university gath-               astery and our sponsored institutions.’’               nois. She is a member of the Benedictine Sis-
                                               erings. She called students by name and her                The Sisters sponsor the University of               ters of the Annunciation Monastery.
                                               genuine caring attitude left a deep impres-             Mary, where the public will be able to gather            Welder began her career as a teacher at the
                                               sion on them. She enjoyed getting to know               and memorialize her life and lay her to rest.          university in 1963, when it was named Mary
                                               friends of the university whose financial as-           The celebration of Welder’s life will take             College. As president, Welder helped the
                                               sistance made growth possible. After her re-            place over two days.                                   school gain university status, experienced
                                               tirement as president, she was named Presi-                The public is welcome to join the following         steady growth, added numerous under-
                                               dent Emerita and served in the university’s             memorial ceremonies and funeral online                 graduate and on-site graduate degree pro-
                                               Mission Advancement Office.                             through livestream at www.youtube.com/                 grams throughout North Dakota, helped
                                                 One of the most widely known and highly               universityofmary/live. A public visitation is          make Mary one of the premier institutions
                                               respected women in North Dakota, Sister                 planned from 1 p.m. until 7 p.m. on Sunday,            for the preparation of leaders, and fostered
                                               Thomas loved visiting with people of all ages           June 28 in Our Lady of the Annunciation                leadership development in students and col-
                                               and walks of life. People gave her energy.              Chapel (OLA), located in the Benedictine               leagues. The Norsk H-stfest Association in-
                                               She would focus her entire attention toward             Center for Servant Leadership building on              ducted Welder into the Scandinavian-Amer-
                                               listening to the person right in front of her.          campus. A vigil service with Evening Prayer            ican Hall of Fame, she received the Lifetime
                                               Her enthusiastic spirit, sense of humor, and            will follow at 7:00 p.m. Before her funeral at         of Caring Award from the United Way, and
                                               gentle nature made others comfortable in                10:00 a.m. in OLA on Monday, June 29, a sec-           on May 4, 2004, she earned the state’s highest
                                               her presence. It was a joy to be with Sister            ond public visitation will be held prior from          honor from Governor John Hoeven—the
                                               Thomas.                                                 9 a.m. until 10 a.m. The funeral is open to            Theodore Roosevelt Roughrider Award—pre-
                                                 Sister Thomas modeled many Benedictine                Welder’s family and close friends.                     sented to individuals who have received na-
                                               values, such as hospitality, respect, prayer               Welder will then be immediately buried
                                                                                                                                                              tional recognition, reflecting credit and
                                               and service, with ease and grace. Benedictine           after Mass in the nearby Monastery Ceme-
                                                                                                                                                              honor upon North Dakota and its citizens:
                                               values were dear to her heart. She com-                 tery located on the west bluff next to the
                                                                                                                                                                ‘‘. . . Sister Thomas promotes competence
                                               mitted herself to instilling these values               Benedictine Center for Servant Leadership,
                                                                                                                                                              in communication, a commitment to values
                                               throughout the monastery’s sponsored insti-             overlooking the Missouri River.
                                                                                                          ‘‘Sister Thomas Welder was a rare person,’’         and service to community. Her strong belief
                                               tutions, the communities of CHI St. Alexius
                                                                                                       said University of Mary President Monsignor            of growing into leadership through service
                                               Health and the University of Mary.
                                                 She served on many state and national                 James Shea. ‘‘Under her leadership and vi-             stands as a model for North Dakota and the
                                               boards including CHI St. Alexius Health and             sion, the University of Mary was confirmed             nation,’’ reads an excerpt from the plaque
                                               MDU Resources Group, Inc. She received nu-              in its purpose to form leaders in the service          beneath her portrait that hangs in the North
                                               merous honors during her lifetime including             of truth in renewed and ever-growing ways,             Dakota Hall of Fame in the lower level of
                                               North Dakota’s highest honor, the Theodore              and Sister Thomas’s leadership touched                 the State Capitol Building.
                                               Roosevelt Rough Rider Award.                            thousands of students’ lives as the university           During the later years of her presidency,
                                                 Music was one of her passions. She directed           grew and expanded over her presidency. But             Welder endured chronic kidney complica-
                                               the Sisters’ Choir for 46 years and gave cred-          perhaps even more than this, Sister Thomas             tions that led to a transplant in 2001. In 2005,
                                               it to the choir for the beautiful liturgical            was known for her attentiveness, her humil-            she learned that due to a virus she would
                                               music.                                                  ity, her heart for service, and her love for           need a second kidney transplant, but had to
                                                 Sister Thomas was grateful for many bless-            her vocation as a Benedictine Sister of An-            regularly undergo dialysis until a successful
                                               ings in her life. She was particularly thank-           nunciation Monastery. It was these quali-              second kidney transplant could be done in
                                               ful to two kidney donors who gave her the               ties, too, which touched innumerable lives             2011.
                                               gift of life through two kidney transplants.            over the course of her life.’’                           At the start of Shea’s current presidency
                                               She often prayed for and stayed connected to               In 2019, Bismarck’s CBS affiliate, KXMB             in 2009 and after her 31-year tenure as the
                                               these special people.                                   TV, honored Welder for Women’s History                 fourth University of Mary president, Welder
                                                 A beloved woman of faith, wisdom, and hu-             Month. During that interview, when reporter            continued to be involved with University of
                                               mility, Sister Thomas gave all of herself to            and anchor Lauren Kalberer asked Welder                Mary as president emerita—remaining active
                                               so many for so long. She will be deeply                 what she thinks about being regarded as one            with public speaking events, committees and
                                               missed.                                                 of the most influential women of our time,             fundraising in the department of Mission Ad-
                                                 She is survived by a sister, Judy (Steve)             ‘‘It gives me pause. First of all, what do we          vancement.
                                               Jankus, Navarre, Fla.; a sister-in-law,                 mean by influence? And, what kind of a dif-              In lieu of flowers, if you wish to honor the
                                               Marcia Welder, Apple Valley, Minn.; an aunt,            ference can we make, because, as I think of            memory of Sister Thomas Welder, her love
                                               Sister Alene Kuhn, SSND, Mankato, Minn.; 6              leadership, I think about it much more in              for University of Mary’s students, lifelong
                                               nieces and nephews, 11 grand nieces and                 terms of influence, than I do of power or con-         mission of servant leadership, and genuine
                                               nephews, one great grandniece, and the Sis-             trol,’’ responded Welder.                              care for others, memorial donations are
                                               ters of Annunciation Monastery.                            During that same TV interview, Shea com-            being accepted to Annunciation Monastery
                                                 She was preceded in death by her parents              mented, ‘‘Sister Thomas Welder—more than               or for the university’s Sister Thomas Welder
                                               and her brother, George.                                leading by words, leads by her example and             Scholarship      Fund    at   www.umary.edu/
                                                 Memorials may be made to Annunciation                 by the way she treats people.’’                        SisterThomas. They can also be mailed to
                                               Monastery or the University of Mary.                       Welder influenced millions of people during         the Office of Mission Advancement in care of
                                                                                                       her lifetime, and more profoundly, so many             the Sister Thomas Welder Scholarship Fund
                                               [Posted by University of Mary, June 22, 2020]           students during her time as the longest serv-          at 7500 University Drive, Bismarck, ND,
                                               ICONIC SERVANT LEADER, EDUCATOR AND UNI-                ing female university president in American            58504.
                                                 VERSITY PRESIDENT EMERITA, SISTER THOM-               history from 1978 to 2009. Her joyful laugh,
                                                 AS WELDER HAS DIED
                                                                                                                                                                Mr. CRAMER. I am going to read
                                                                                                       witty humor, profound wisdom, and genuine
                                                                                                                                                              some of the facts of her life from her
                                                 BISMARCK, ND.—Former University of                    love and respect for others were hallmarks of
                                               Mary President Sister Thomas Welder, OSB,               her character as she lived the Benedictine             obituary and do my best to fill in some
                                               has passed away at her Annunciation Mon-                values. Her knack for remembering names,               personal thoughts while I do that. I am
                                               astery home early this morning, June 22,                particularly the thousands of students,                not going to read the entire thing.
                                               south of Bismarck, ND, following a recent di-           alumni and faculty, is one of her most gifted            It starts out: ‘‘Sister Thomas Welder,




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                                               agnosis of kidney cancer.                               qualities that will be forever treasured.              80, a member of the Benedictine Sisters
                                                 Revered locally, regionally and nationally               ‘‘With an incredible ability to remember            of Annunciation Monastery, Bismarck,
                                               as a true servant-leader for living the Gospel          names and faces of almost everyone she met,
                                                                                                                                                              and president of the University of Mary
                                               of Jesus, the 80-year old Welder cared for the          Sister Thomas was always focused on the
                                               Christ-like development of all University of            person directly in front of her,’’ added               for 31 years, passed into eternal life
                                               Mary students and the well-being of all fac-            Kunze. ‘‘Her attention to the details of daily         June 22, 2020, at the monastery, fol-
                                               ulty, staff, and her beloved Sisters of Annun-          lives and family members of those she met              lowing a recent diagnosis of kidney
                                               ciation Monastery.                                      would be recalled in future encounters. Stu-           cancer.



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                                               S3190                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                                 ‘‘A graduate of St. Mary’s High                       tening to the person right in front of                 Health and MDU Resources Group,’’ a
                                               School, she joined Annunciation Mon-                    her.’’                                                 Fortune 400 corporation.
                                               astery after a year of college in Min-                    In fact, in a TED talk she did for                     ‘‘She received numerous honors dur-
                                               nesota. Attracted by the community                      TEDx on TV about, I think, 3 years ago                 ing her lifetime including North Dako-
                                               and prayer life of the sisters, she felt                or so—she was speaking to a lot of                     ta’s highest honor, the Theodore Roo-
                                               God’s call to become one of them. As a                  young people, of course, at this TED                   sevelt Rough Rider Award.’’
                                               novice, she was given the name of Sis-                  talk     and    was      talking    about                She earned them all. She earned
                                               ter Thomas. She made her monastic                       connectivity, and she was speaking to                  them all. In fact, whenever she was
                                               profession on July 11, 1961. Sister                     the issue of monastic life and commu-                  complimented—which was often, as
                                               Thomas cherished Benedictine monas-                     nity and the stability that comes from                 you might imagine, when you know as
                                               tic life which she lived faithfully for 59              being grounded in a community, while                   many people as she knows and have ac-
                                               years.’’                                                also talking about—not criticizing,                    complished as much as she accom-
                                                 I recall a speech—or an interview—                    mind you; she was rarely critical—but                  plished—she always, as I said earlier,
                                               once at an event. In fact, I think it was               speaking of the challenges of the dig-                 deflected her accomplishments and
                                               during her retirement. She was asked                    ital era. She said this: ‘‘The challenge               gave someone else credit.
                                               about monastic life. She was asked:                     is to be fully present to those around                   She said this in an interview once
                                               What is it that grounds you? Where is                   us. The challenge is to be fully present               when confronted with her many accom-
                                               it you get your inspiration?                            to those around us, to engage face to                  plishments: ‘‘I have always been
                                                 She said: ‘‘My wellspring are the Sis-                face with one’s child, with a colleague,               blessed with the sense that I can do
                                               ters of Annunciation Monastery.’’                       with a neighbor. . . . ’’ and she went on              only what I do with the guidance and
                                                 Skipping down a little bit, her obit-                 to say ‘‘even that person who may not                  the help of the Spirit.’’ Think of that.
                                               uary reads: ‘‘A dedicated servant lead-                 be in our circle of friends.’’                         All that she accomplished—she takes
                                               er’’—and we will speak to that in a lit-                  See, she didn’t just speak to this                   no credit but credits the fact that she
                                               tle bit—‘‘she gave her life to the Uni-                 value of being present; she was present.               was blessed with the sense that at least
                                               versity of Mary for 57 years. She led                   She was the epitome of always being                    she was aware that the Spirit was the
                                               from her heart and touched the lives of                 present. In fact, her humility caused                  one that was guiding her.
                                               many. She was president from 1978 to                    her to always deflect attention away                     Her obituary also states: ‘‘Sister
                                               2009.’’                                                 from herself and to the person in front                Thomas was grateful for many bless-
                                                 I had the great honor of serving as                   of her.                                                ings in her life. She was particularly
                                               the master of ceremonies at her 30th                      Earlier I mentioned that in the obit-
                                                                                                                                                              thankful to two kidney donors who
                                                                                                       uary it mentions she called the stu-
                                               anniversary as president.                                                                                      gave her the gift of life through two
                                                 ‘‘Under her remarkable leadership,                    dents by name, and this is perhaps the
                                                                                                                                                              kidney transplants. She often prayed
                                               the school attained university status                   best example of what I mean when I
                                                                                                                                                              for    and   stayed     connected’’—con-
                                                                                                       say she was always present: The Uni-
                                               in 1986; tripled in size . . . ; added the                                                                     nected—‘‘to these special people.’’
                                                                                                       versity of Mary had about 3,000 stu-
                                               university’s first doctorate, grew on-                                                                           In that TEDx speech that I talked
                                                                                                       dents a year by the time she retired.
                                               site and online adult learning programs                                                                        about from about 3 years ago, she was
                                                                                                       She knew them all by name, and when
                                               to 16 locations across the state, re-                                                                          talking about connectivity, as I said.
                                                                                                       she would greet students, faculty,
                                               gion’’ and the country, and moved the                                                                          She was challenging them. She said:
                                                                                                       friends, neighbors, supporters of the
                                               school from NAIA to NCAA Division II                                                                           ‘‘A disconnect from our cellphone or
                                                                                                       university, she always called you by
                                               athletics.                                                                                                     iPad makes possible a reconnect with
                                                                                                       name—but not just you; she asked
                                                 This is an important line: ‘‘Sister                                                                          those around us.’’
                                                                                                       about your spouse by name, your chil-
                                               Thomas was present to students, fac-                                                                             ‘‘A disconnect from our cellphone or
                                                                                                       dren by name. We all thought that was
                                               ulty and staff.’’ I will elaborate on that                                                                     iPad makes possible a reconnect with
                                                                                                       some special spiritual gift—a big brain
                                               a bit as well.                                                                                                 those around us.’’
                                                                                                       with an incredible memory that just
                                                 ‘‘She attended student recitals and                                                                            I could share lots of personal stories.
                                                                                                       automatically recalls people’s names.
                                               concerts, cheered at athletic events                                                                           I am tempted to, but I don’t think that
                                                                                                       Yeah, she was really smart. She had a
                                               and participated in many university                                                                            would be the tribute she would want.
                                                                                                       good memory, to be sure. But she
                                               gatherings. She called students by                                                                               She and I made a lot of calls to-
                                                                                                       didn’t call us by name because she had
                                               name and her genuine caring attitude                                                                           gether. We went on a lot of road trips
                                                                                                       a great memory; she called us by name
                                               left a deep impression on them. She en-                                                                        together. We spoke at a lot of the same
                                                                                                       because it was important to her be-
                                               joyed getting to know friends of the                    cause she knew it was important to us.                 events. I was always grateful when I
                                               university whose financial assistance                   It was a conviction, a commitment                      could go first. It was impossible to fol-
                                               made growth possible.’’                                 that she had to being present all the                  low her—an incredible speaker.
                                                 I went on many fundraising calls                      time. It was a remarkable thing—a re-                    One time we were at an event—I
                                               with her.                                               markable thing.                                        think I was the emcee, actually—a
                                                 ‘‘After her retirement as president,                    Sister Thomas modeled many Bene-                     local event in Bismarck. She gave one
                                               she was named President Emerita and                     dictine values at the University of                    of her phenomenal speeches. They all
                                               served in the university’s Mission Ad-                  Mary. We learned them all, all the                     are. They all were. In the audience, un-
                                               vancement Office.’’                                     time. The six that they highlight there                beknownst to me, was the president of
                                                 I had the great honor of working with                 are the Benedictine values of hospi-                   the National Automobile Dealers Asso-
                                               her and then working for her after she                  tality, respect for persons, prayer,                   ciation. He came up to me afterwards,
                                               hired me and then working with her                      moderation, service—really important,                  and he said: ‘‘Do you realize that every
                                               again as a member of the board of                       as she called them, gospel values. But                 year we pay about $50,000 for a speaker
                                               trustees and sharing and serving on                     she didn’t just call them gospel values.               at our national annual meeting, and we
                                               many boards and committees at the                       She didn’t just teach them, although                   have never had one this good?’’
                                               university.                                             she does a lot.                                          I said: ‘‘Well, I could get her to do it
                                                 Her obituary goes on to say: ‘‘One of                   By the way, the internet and                         for less.’’
                                               the most widely known and highly re-                    YouTube are full of her speeches on                      He said: ‘‘It is unbelievable. I have
                                               spected women in North Dakota, Sister                   Benedictine values and other values                    never been this inspired in my life.’’
                                               Thomas loved visiting with people of                    and leadership, especially servant lead-                 I would just challenge everybody who
                                               all ages and walks of life. People gave                                                                        has a minute and wants to be inspired




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       ership.
                                               her energy. She would focus her entire                    ‘‘She committed herself to instilling                to just do a quick Google search of Sis-
                                               attention toward listening to the per-                  these values throughout the mon-                       ter Thomas Welder, and you will find a
                                               son right in front of her.’’                            astery’s sponsored institutions,’’ which               video that will inspire you.
                                                 Boy, do we need that lesson here, Sis-                included, of course, the University of                   Every person I know who ever met
                                               ter Thomas. We need you to teach us.                    Mary and CHI St. Alexius Health.                       her is better because they did, every-
                                                 Let me say that again: ‘‘She would                      ‘‘She served on many state and na-                   body I know whom she encountered. I
                                               focus her entire attention toward lis-                  tional boards including CHI St. Alexius                once brought John Wooden, the great



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S3191
                                               wizard of Westwood, the winningest                      tinue as we work together to address                   though there is a lot in common, Lead-
                                               coach in NCAA history, to the Univer-                   the injustices that still persist in our               er MCCONNELL provided for the oppor-
                                               sity of Mary to give a speech on serv-                  society, beginning with police reforms.                tunity to have that debate right here
                                               ant leadership. It was a remarkable                       As we all know by now, thanks to our                 on the Senate floor. We could have had
                                               time. I sat there, and as I watched                     friend Senator TIM SCOTT and others                    that debate in front of the American
                                               Coach Wooden—he was 96 years old at                     who worked with him, we introduced                     people. I think it might have helped,
                                               the time—come up to the stage after                     the JUSTICE Act to enact real and                      No. 1, as Senator SCOTT likes to say,
                                               Sister Thomas introduced him, I stood                   lasting reform so we can begin to re-                  send a signal that we actually are lis-
                                               between them and I thought, wow, I am                   store the broken trust between minor-                  tening, we hear you, we see you, and we
                                               between saints, two of the best servant                 ity communities and our law enforce-                   are responding to you—no backroom
                                               leaders, who both taught and lived that                 ment agencies. This package of bills                   negotiations like apparently what our
                                               incredible value.                                       addresses some of the most pressing                    Democratic colleagues want; rather, an
                                                  As I said, my heart is heavy. It is                  changes that Americans have been call-                 open and honest debate right here in
                                               hard not to be sad. Yet Sister Thomas                   ing for—ending choke holds, better                     full view of the American people.
                                               and I, of all of the things we talked                   training for our police officers, ac-                    Our Democratic colleagues refused to
                                               about over the many years that I                        countability for body cameras, more                    participate in the process and have
                                               worked with her and for her, talked                     diverse police forces, and the list goes               blocked us from even considering po-
                                               mostly about matters of faith.                          on and on.                                             lice reform legislation. This ‘‘my way
                                                  I am not Catholic. I do have a degree                  We know it wasn’t the only bill that                 or the highway’’ legislative strategy
                                               from the University of Mary. I am on                    has been introduced in this Senate. Our                we have come to expect from our col-
                                               their board of trustees. I love the place.              Democratic colleagues introduced a                     leagues is absolutely shameful, and it
                                               I love the Sisters of Annunciation Mon-                 bill of their own, which would address                 is counterproductive.
                                               astery and Sister Thomas especially                     many of the same issues. While there                     I remember talking to Rodney
                                               because she embodies all that is good                   are some important differences be-                     Floyd—George Floyd’s brother—short-
                                               about them. But we always talked                        tween the two, what to me is more im-                  ly before his funeral, and he said: Sen-
                                               about matters of faith.                                 portant is that there was a lot in com-                ator, we are from Texas. What we want
                                                  I will never forget one trip to Fargo.               mon, a lot of overlap between those                    for George is Texas-sized justice.
                                               I will never forget, in fact, where we                  two bills. That should have, in a nor-                   I said: Rodney, I am going to do my
                                               were—sitting in my car, waiting to go                   mal time, when people were logical and                 very best to deliver.
                                                                                                       reasonable, put us on a strong footing                   Unfortunately, even though there
                                               in to call on somebody about a gift to
                                                                                                       to begin debating the ultimate product,                were many of our Democratic col-
                                               the school. And we talked about Heav-
                                                                                                       which is what our Democratic col-                      leagues who decried the cruel and trag-
                                               en. She said: ‘‘I think we’re going to be
                                                                                                       leagues actually asked us to do.                       ic death of George Floyd, when it came
                                               surprised at who we will see there.’’
                                                                                                         A couple of weeks ago, the Demo-                     time to step up and actually do some-
                                               And I thought, yeah, you are probably
                                                                                                       cratic leader came to the floor and                    thing about it, they absolutely refused.
                                               right.                                                                                                           Let me just go over quickly what the
                                                  She gets the blessing of being there                 urged the majority leader to bring a
                                                                                                       police reform bill to the floor to be de-              bill would have done as proposed. Sub-
                                               first now and seeing who all is there,                                                                         ject to amendments and votes, there
                                                                                                       bated and voted on before July Fourth.
                                               but there will be a lot of people there                                                                        would have been multiple opportuni-
                                                                                                       When Senator MCCONNELL did exactly
                                               who know her, and they are looking                                                                             ties to stop the bill if it wasn’t heading
                                                                                                       that, what did they do? As soon as they
                                               forward to welcoming her and thanking                                                                          in the direction they liked.
                                                                                                       were told they would actually have a
                                               her for the incredible gift she was in                                                                           First of all, this would have made
                                                                                                       chance to vote on a police reform bill,
                                               their life. I look forward to the day                                                                          lynching a Federal crime. That provi-
                                                                                                       they changed their tune—a 180-degree
                                               when I can go and be welcomed by her.                                                                          sion in the bill was actually authored
                                                                                                       change.
                                               I am grateful for her life.                               It kind of reminds me a little bit of                by Senators HARRIS and BOOKER, but
                                                  I love you, Sister Thomas.                           last year’s debacle over the Green New                 believe it or not, they filibustered and
                                                  I yield the floor.                                                                                          blocked their own bill.
                                                                                                       Deal. After this resolution was intro-
                                                  I suggest the absence of a quorum.                                                                            The JUSTICE Act would have ended
                                                                                                       duced, a number of Senate Democrats
                                                  The PRESIDING OFFICER. The                                                                                  the choke holds and prevented this
                                                                                                       rushed to endorse it, but when given
                                               clerk will call the roll.                                                                                      dangerous and outdated tactic from
                                                                                                       the opportunity to vote on the resolu-
                                                  The bill clerk proceeded to call the                                                                        being used in police departments across
                                                                                                       tion they were praising, what hap-
                                               roll.                                                                                                          the country, but what did our Demo-
                                                  Mr. CORNYN. Madam President, I                       pened? Not a single one of those indi-
                                                                                                       viduals on the other side of the aisle                 cratic colleagues do? They blocked it.
                                               ask unanimous consent that the order                                                                             This legislation would have helped
                                                                                                       voted for it—not one. What kind of
                                               for the quorum call be rescinded.                                                                              local police departments improve mi-
                                                  The PRESIDING OFFICER. Without                       games are they playing here? Senator
                                                                                                       MARKEY, who introduced that resolu-                    nority hiring so that the departments
                                               objection, it is so ordered.                                                                                   would look more like the communities
                                                                                                       tion in the Senate, even accused the
                                                                THE JUSTICE ACT                                                                               they served. Our Democratic colleagues
                                                                                                       majority leader, who scheduled a vote
                                                 Mr. CORNYN. Madam President, I                        on a bill he was the lead sponsor for—                 blocked that too.
                                               hope today’s events in the Senate will                  he called it sabotage.                                   This bill would have strengthened
                                               not soon be forgotten by the American                     History seems to be repeating itself                 the use and accountability for body
                                               people. Over the last few months, it is                 and not—not—in a good way. Our                         cameras, improved access to deescala-
                                               an understatement to say that our                       friends across the aisle, who have been                tion and duty to intervene training,
                                               country has experienced unprecedented                   asking to debate and vote on a police                  and established two commissions to
                                               physical, financial, and social turbu-                  reform bill, this morning had that op-                 give us a better understanding of the
                                               lence. From the pandemic, to the eco-                   portunity, but once again, they pulled                 challenges that need to be addressed in
                                               nomic challenges that came on its                       a 180.                                                 the long run. What did our Democratic
                                               heels, to the widespread protests                         Let me be clear on what we were vot-                 colleagues do? They blocked each and
                                               against racial injustice—the needs of                   ing on this morning. This was not a                    every one of these things without even
                                               our country should have transcended                     vote to finally pass the JUSTICE Act                   taking the time to debate.
                                               politics. Unfortunately, that does not                  as is, without any changes or amend-                     Frankly, it is insulting to the mem-
                                               seem to be the case today.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       ments; this was simply a vote to begin                 ory of people like Mr. Floyd and others
                                                 We had been on a pretty good run,                     debating the bill. You can’t finish a                  for whom so much empathy and sym-
                                               Republicans and Democrats, and put                      bill, you can’t actually vote on legisla-              pathy and concern was expressed that
                                               aside our differences to pass bold and                  tion if you are unwilling to start. And                when the time comes to actually do
                                               transformative legislation to support                   that is exactly what happened this                     something, they come to this empty-
                                               our Nation’s fight against COVID–19, as                 morning.                                               handed.
                                               well as ease the ensuing financial fall-                  Knowing that Republicans and Demo-                     For weeks, we have watched people of
                                               out. I had hoped that trend would con-                  crats did have some differences, even                  all races and cultures and backgrounds



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                                               S3192                                             CONGRESSIONAL RECORD — SENATE                                                            June 24, 2020
                                               marching and demanding action. They                     from the bench. We have had enough of                  well. Democrats have announced their
                                               want to see greater transparency and                    that. Republicans are stemming this                    plans to pack the Supreme Court. They
                                               accountability. They want better                        liberal judicial tide that we have lived               have announced they will pack the
                                               training and education for our police                   with in the past. We are delivering on                 Court with Justices friendlier to their
                                               officers. They want to know that at the                 our promise to promote an independent                  causes.
                                               end of the day, the color of your skin                  judiciary.                                               The standard we all know for the Su-
                                               will not determine the nature and out-                    This concept is key to upholding our                 preme Court is nine Justices. In fact, it
                                               come of an interaction with a police of-                Constitution’s separation of powers                    has been nine Justices since 1869—for
                                               ficer. I agree with each of those points,               and our system of checks and balances.                 over 150 years. Yet they want to change
                                               and until this morning, I believed                      Simply put, it is the glue holding our                 this longstanding precedent by actu-
                                               every Member of the Senate did as                       democracy together.                                    ally increasing the number of Supreme
                                               well. But the actions we have seen this                   The Constitution limits the power of                 Court Justices, taking it from 9 to 11.
                                               morning blocking this legislation,                      the judiciary. Only Congress makes                     Some are proposing going to 13 if a
                                               stopping us from even debating the                      law, not the courts. That is not the                   Democrat is elected President and they
                                               bill, offering amendments, trying to                    way some courts like to operate. The                   have control of the Senate.
                                               make it better—I guess I was giving                     courts interpret the law as a separate,                  Let us be clear: Court-packing
                                               our colleagues credit, which they clear-                coequal, and independent branch of                     amounts to deck-stacking by the far
                                               ly do not deserve.                                      government. That is what the Con-                      left.
                                                 The problems that led to the death of                 stitution tells us. And the judges’ job is               Democrats want to regain power, tip
                                               George Floyd, Breonna Taylor, and                       to follow the law, period. Yet, for dec-               the scales of justice, and deliver their
                                               other Black Americans have not gone                     ades, Democrats have hijacked the                      leftwing agenda any way they can. If
                                               away, but our Democratic colleagues                     courts. They have sought to make                       Democrats win the election, as they
                                               have proven they are more interested                    their preferred policies through some-                 have threatened, they will pack and
                                               in politics than solutions.                             thing known as judicial activism.                      stack the Court with impunity.
                                                 Let the record reflect that this morn-                  Activist judges have used the bench                    The stakes in this upcoming election
                                               ing, the Senate had the opportunity to                  to make liberal laws or interpret laws                 could not be higher. The next President
                                               take the first step toward passing re-                  in a very liberal way. Rather than de-                 will appoint maybe more than 60 cir-
                                               forms that would begin to heal the di-                  cide cases impartially, liberal judges                 cuit court judges and possibly another
                                               visions and distrust between law en-                    have a habit of favoring the left. The                 Supreme Court Justice.
                                               forcement and the communities they                      result has been a slew of radical re-                    This is about ensuring justice. It is
                                               served, and our Democratic colleagues                   forms. These include promoting oner-                   about ensuring fairness. It is about en-
                                               unequivocally and shamelessly stood in                  ous overregulation that hurt farmers                   suring freedom for all Americans. Re-
                                               the way.                                                and blocking the President’s efforts to                publicans, through today confirming
                                                 I yield the floor.                                    secure the border.                                     our 200th judge to the courts, are stem-
                                                 The PRESIDING OFFICER. The Sen-                         Republicans are replacing these lib-                 ming this liberal judicial tide. We have
                                               ator from Wyoming.                                      eral activist judges with Trump-ap-                    delivered generational change on the
                                                           JUDICIAL CONFIRMATIONS                      pointed constitutional conservatives.                  bench. We must continue confirming
                                                 Mr. BARRASSO. Madam President, I                      These judges are ruling right now all                  well-qualified judges who will secure
                                               come to the floor today to discuss Re-                  across the Nation. If you ask ‘‘How are                our freedoms and our future.
                                               publicans’ historic record on con-                      they making a difference?’’ they are                     I yield the floor.
                                               firming judges and why it matters to                    doing it by protecting our constitu-                     I suggest the absence of a quorum.
                                               our country. It is because the rulings                  tional rights, by safeguarding our indi-                 The PRESIDING OFFICER. The
                                               of these judges affect all Americans.                   vidual freedoms, and by checking un-                   clerk will call the roll.
                                                 The Republican-led Senate has seated                  bridled government power.                                The senior assistant legislative clerk
                                               President Trump’s highly qualified ju-                    These judges are blocking Federal                    proceeded to call the roll.
                                               dicial nominees at lightning speed.                     overreach. They are preventing Wash-                     Mr. INHOFE. Madam President, I ask
                                               These judges respect and uphold the                     ington bureaucrats from inventing end-                 unanimous consent that the order for
                                               rule of law. This week, the Senate                      less rules. They are upholding pro-life                the quorum call be rescinded.
                                               marks a major milestone by con-                         precedent and recognizing the right to                   The PRESIDING OFFICER. Without
                                               firming the 200th—200th—Trump judi-                     school choice. They are defending the                  objection, it is so ordered.
                                               cial nominee.                                           Second Amendment, securing the bor-                                      S. 4049
                                                 The appeals court nominations and                     der, and protecting our First Amend-                     Mr. INHOFE. Madam President, on
                                               confirmations are especially critical.                  ment rights, including free speech and                 Tuesday night, Senator REED and I had
                                               These are the circuit courts, and they                  religious liberty.                                     the honor of filing S. 4049, the 60th an-
                                               rank right below the Supreme Court.                       Above     all,    Republican-appointed               nual National Defense Authorization
                                               Their decisions have a major impact on                  judges are applying the law as written;                Act. Think about that—60 years. This
                                               our Nation. With the confirmation of                    they are not making law from the                       is something we are always pretty con-
                                               Cory Wilson to the Fifth Circuit, we                    bench. This has Democrats worried.                     fident we will eventually get passed. To
                                               have now filled all 53 appeals court va-                You have seen it. You heard the com-                   me, it is the most significant bill of the
                                               cancies that existed in the United                      ments on the floor and around the Na-                  year, and we have been doing it now
                                               States. There is not a single vacancy at                tion. Democrats are worried they are                   successfully for 60 years. It is what we
                                               that court level in America.                            losing control of the courts.                          consider every year, and we know it is
                                                 We have changed the makeup of pow-                      Senator SCHUMER, the minority lead-                  going to pass because it has always
                                               erful appeals courts like the Second,                   er, is so worried, in fact, that he even               passed, but it is also about taking care
                                               the Third, the Ninth, and the Eleventh                  threatened harm to Supreme Court                       of our troops and defending our coun-
                                               circuits. Seven of the 12 U.S. circuit                  Justices who don’t rule his way. He re-                try.
                                               courts are now at a point where they                    cently stood outside the Supreme                         There is a document no one reads
                                               have a majority of Republican-ap-                       Court, and he yelled at the court build-               anymore. It is called the Constitution.
                                               pointed judges.                                         ing and the Justices inside. He men-                   It talks about what our primary re-
                                                 The 200 judges we have seated rep-                    tioned Justices by name and said: ‘‘You                sponsibility is, which is to defend
                                               resent a sea change—a generational                      have released a whirlwind, and you will                America. We are in a much more dan-




SSpencer on DSK126QN23PROD with SENATE
                                               change in the Federal bench. I remind                   pay the price!’’ ‘‘You will pay the                    gerous position today than we have
                                               you that these are lifetime appoint-                    price!’’ This is how the left tends to op-             ever been before, so I think it is fitting
                                               ments, so they will decide cases for                    erate: intimidation. Do what we say,                   that we are doing this ahead of the
                                               decades.                                                give us control, and then the intimida-                Fourth of July, our Nation’s birthday.
                                                 Let me assure people who are tuning                   tion will stop.                                        We wouldn’t have our freedoms with-
                                               in today: These judges will apply the                     They are threatening the independ-                   out our men and women in uniform
                                               law as written. They will not legislate                 ence of the judiciary in other ways as                 from the past and present, and that is



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S3193
                                               who we are dedicating this to. They are                 ing well, and it has already given the                 bipartisan basis. That is a big deal, and
                                               the beneficiaries of what we are doing                  Members time to participate.                           it is not a legacy we take lightly. I
                                               as we are the beneficiaries of what they                   I will put this a different way. The                have been privileged to participate in
                                               are doing.                                              bill includes nearly 600 requests for                  this process as a member of the big
                                                 It is why we can all come together                    amendments from the members of the                     four. I will tell you how that works.
                                               and finish this bill by next Thursday, I                Armed Services Committee and almost                      We do our bill, and the House does its
                                               would still like to say, even though                    200 requests from Senators who are not                 bill. We go to conference, but we are
                                               there is opposition to this. I say that                 on the committee. They are the ones                    still not able to get together, so they
                                               because it would be the last day before                 who have put this bill together. With                  take the big four, which constitutes
                                               the recess that is coming up, the                       the Members’ input already in there, I                 the ranking Democrat and Republican
                                               Fourth of July, and I think it would be                 am confident that we have a solid bill                 in the House and the ranking Democrat
                                               good if we could do it that way. There                  that reflects the needs we have and                    and Republican in the Senate, and the
                                               is a reason for that, but we are also re-               that it will not be as necessary to have               four of us sit down and get it done. We
                                               alistic, and we are not sure we are                     more amendments since that is what                     have done that several times in the
                                               going to be able to do it, but we are                   we have already done.                                  past. It is the stopgap. It is the one last
                                               going to make every effort to do it.                       If we want to finish this bill by the               thing that we have to do if we are not
                                                 One thing about working with my                       end of next week, we will need to reach                able to do it any other way.
                                               partner over here, Senator REED, is                     a unanimous consent agreement before                     Every year, we are told there are
                                               that we have always operated in a very                  this Friday. I understand there may be                 things we can’t accomplish. Every
                                               cooperative manner, and we have sup-                    an objection to this that could happen,                year, we are told there is no way we
                                               ported each other. He answers to his                    or there could be a change of mind. It                 can find common ground. All of this
                                               Democratic friends, and we bring them                   is still my hope that this will take                   happens, but, always, we do it, and our
                                               together because of the relationship                    place. There is a reason for that, too,                grand, bipartisan tradition continues
                                               that we have on this committee. So I                    in that the House will be working on                   just, as it will this year. The reason is
                                               think there is always a possibility we                  its bill right after we come back from                 simple: Failure and, worse, failure on
                                               can get this done.                                      the recess. We are just running out of                 the backs of our servicemembers is just
                                                 Both Senator REED and I would like                    time, so we need to get this started.                  not an option.
                                               to use an open amendment process.                          We are putting in the managers’                       While we are doing this, what I will
                                               This is a process that would allow for                  package a bipartisan set of amend-                     remind everyone is that our military
                                               all of our Members to come in and do                    ments that we can all agree on. I ask                  was hurt pretty badly under the pre-
                                               what they have to do and do what they                   all of our Members to get those in by                  vious administration. I always admired
                                               want to do with regard to things they                   this coming Friday. Even with that, it                 President Obama. He had a different
                                               want to have in the bill. We were not                   is going to be necessary for the staff to              agenda, and consequently we had some
                                               able to do that over the last couple of                 work all the way through the weekend                   problems. I would say this: In the last
                                               years because we had objections.                        to put it in position. We know we want                 5 years of his 8-year administration—
                                                 One thing about the Senate is that                    to complete the first managers’ pack-                  that would be from 2010 to 2015—our de-
                                               everything operates on the basis of                     age, so the amendments will have to be                 fense spending dropped by 25 percent.
                                               unanimous consent, so if we have                        filed. Keep in mind that Senator REED                  That has never happened before, and
                                               someone who objects, we are unable to                   and I have that as a deadline for get-                 we have been working to rebuild since
                                               do it. Hopefully, that will not happen                  ting those amendments in.                              then. We are not quite there yet, but
                                               again this year, and we will be able to                    In recent years, we have been able to               we have made great headway. It is easy
                                               use the open amendment process.                         consider many amendments on the                        to cut our military, to reduce readi-
                                                 In having said that, it is not going to               floor. As I said earlier, I hope we will               ness, to slow down production, and all
                                               be nearly as significant this year be-                  be able to do that again, and it may or                of that, but it is harder, not to mention
                                               cause what we did in this year’s bill is                may not happen. If a Member has an                     slower and more costly, to rebuild it.
                                               to have actually made an appeal way                     amendment and wants to debate it on                    That is what we are in the middle of
                                               back in February to our Democrats and                   the floor, we also need to know that                   right now.
                                               Republicans, not just to those on the                   the Member desires to have a debate so                   So that is what this is all about. It is
                                               Armed Services Committee but to                         that we can work that in.                              a significant bill, and it is something
                                               those in the entire Senate. This last                      Lastly, as Members are working                      we work on all year long. Then it
                                               February, we said: Start getting your                   through their amendments, please be                    comes time for it to come to the floor,
                                               amendments ready. Don’t wait until                      thoughtful that we shouldn’t get                       which is where we are now.
                                               the last minute. Get them out there so                  bogged down with a lot of amendments                     I have to say this: I can’t think of
                                               we can talk about them and prepare                      that have nothing to do with national                  anyone I would rather have as a part-
                                               them for ultimate votes. So people ac-                  defense. This is the NDAA, the Na-                     ner than Senator REED. Senator REED
                                               tually started. They were warned at                     tional Defense Authorization Act. We                   and I have worked together for many
                                               that time that we didn’t want to wait                   should be talking about military. Yet                  years, and we have a way of getting
                                               until the last minute to do this. This is               one of the things that is characteristic               along with each other and of coming to
                                               the first time we have been able to suc-                about this is that, for as many years as               conclusions and the right decisions. It
                                               cessfully do this.                                      I have been here and since this is the                 has been an honor for me over the
                                                 Of all of the items that are in this                  one bill that is going to be a must-pass               years to have worked, as we are this
                                               bill—this bill that I consider to be the                bill and a must-pass bill this year, the               year, with Senator REED. We are going
                                               most significant of the year—40 per-                    people who were not able to get their                  to get a good bill done.
                                               cent of the input came from our Mem-                    bills in or amendments in on other bills                 I yield the floor.
                                               bers of the Senate, and 40 percent of it                wait until this comes along and try to                   The PRESIDING OFFICER. The Sen-
                                               came from the administration and the                    do this with amendments. I am dis-                     ator from Rhode Island.
                                               Pentagon, so that all of those things                   couraging that from happening, and I                     Mr. REED. Madam President, I rise
                                               have already been treated once. Now, I                  hope that it doesn’t happen. What is                   to join my colleague and chairman,
                                               have been around here long enough to                    most important here is that we take                    Senator INHOFE, to discuss the fiscal
                                               remember when that 40 percent wasn’t                    care of our men and women in uniform.                  year 2021 national defense authoriza-
                                               40 percent—it was about 6 percent. We                   That is what it is all about. They are                 tion bill.




SSpencer on DSK126QN23PROD with SENATE
                                               didn’t get the input of the Members                     all volunteers, and they are deserving                   I begin by thanking Senator INHOFE
                                               like we do today. We just operated dif-                 of our support.                                        for his leadership in ensuring that we
                                               ferently at that time. This is the third                   Again, my message to Members is to                  had a bill to consider this year. This
                                               year that I have been involved in this                  get their amendments filed as soon as                  was an extraordinary year. Social
                                               when we have been able to get a higher                  possible. As I noted, this is the 60th an-             distancing just began as the Armed
                                               percentage of input from the Members.                   nual NDAA. For the last 59 years, Con-                 Services Committee was finishing our
                                               I think that is something that is work-                 gress has always passed an NDAA on a                   hearings and getting ready to go into



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                                               S3194                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               the markup for the national defense                     we had a very good day of discussion                   loved North Dakotan, Sister Thomas
                                               authorization bill. Despite the uncer-                  and debate, and the bill was adopted by                Welder.
                                               tainty, the unusual challenges—the                      the committee with a strong bipartisan                    I know the Presiding Officer knew
                                               logistical challenges particularly—Sen-                 vote of 25 to 2. This legislation is com-              her very well and just a little bit ago
                                               ator INHOFE ensured that the bill was                   ing to the floor with overwhelming bi-                 spoke about her here on the Senate
                                               written and that the markup was held                    partisan support, and as the chairman                  floor, and that is so appropriate. She
                                               on schedule. He should be commended                     indicated, one reason is that he solic-                was such a wonderful person, and we
                                               for this accomplishment. It is a tribute                ited the input of all of the members.                  both are so very fortunate to have
                                               to his leadership, to his wisdom, to his                We and our staff tried very vigorously                 known her and to have had time with
                                               common sense, and to his common de-                     to incorporate those proposals and                     her, to have learned much from her.
                                               cency.                                                  ideas of all members, and at the end of                She is truly somebody who I think
                                                 So thank you for that, Mr. Chairman.                  the day, it was a strong, overwhelming                 epitomizes the term ‘‘servant leader.’’
                                                 I also want to take a moment to                       vote.                                                     Sister Thomas Welder was somebody
                                               thank the staff. Both the chairman and                    But even though we did consider, as                  who for me was a friend and a mentor
                                               I operate under the same rubric: They                   the chairman said, hundreds of dif-                    in so many different ways, it is hard to
                                               do the work, and we get the credit. It                  ferent proposals by members of the                     recount, and also for my wife Mikey.
                                               works for us—their work for us. They                    committee and Members of the Senate,                   Sister Thomas Welder dedicated her
                                               do a superb job. They found ways to                     there are still issues that will come be-              life to the University of Mary and the
                                               draft the legislation. Yet they, too,                   fore us. That is why, on the floor, I                  students, and my wife Mikey is on the
                                               were disrupted. Their work spaces were                  hope we will have, as the chairman in-                 board of trustees at the University of
                                               separated, and many had to work from                    dicated, an open debate, that we will                  Mary, so Mikey and Sister Thomas
                                               home. So this has been an extraor-                      consider amendments—hopefully do so                    worked together for many, many years
                                               dinary achievement, and it is a tribute                 under reasonable time constraints so                   and share an unbelievable bond as well.
                                               to their commitment, to their profes-                   that we can get a lot done—and then,                   I am not even sure how long Mikey and
                                               sionalism, to their skill, and to their                 at the end of a vigorous debate, be able               I have known Sister Thomas; it has
                                               collaborative, bipartisan effort. I thank               to vote for a bill that will advance the               been many years. We have seen her in
                                               them for that.                                          welfare of the men and women who                       so many different capacities and so
                                                 As the Senator, the chairman, has                     serve and advance the common defense,                  many different ways, but without fail,
                                               said and emphasized several times ‘‘bi-                 which is our constitutional responsi-                  she was an inspiration—an inspiration
                                               partisanship.’’ This has been the hall-                 bility.                                                for both of us and frankly an inspira-
                                               mark of this legislation for many,                        Again, I thank Senator INHOFE and                    tion for anybody who ever met her. She
                                               many years. We recall colleagues,                       look forward to the consideration of                   truly was one of the most exceptional,
                                               going back to John Warner and Sam                       this bill.                                             amazing, wonderful people I have ever
                                               Nunn and others, who had the attitude                     Mr. INHOFE. Madam President, let                     met. She was certainly a person of in-
                                               that ‘‘we have to work together.’’                      me just make one other comment.                        credible faith, and she lived her faith,
                                                                                                         Senator REED talked about the staff                  and she provided that to others, cer-
                                               Again, let me give the chairman credit
                                                                                                       and what the staff has done. When I                    tainly in her words but in her deeds
                                               for preserving that attitude, for insist-
                                                                                                       talk to people back in Oklahoma about                  and in her spirituality, in the way that
                                               ing upon that attitude, and for really
                                                                                                       how hard a lot of these people work,                   she handled herself, in her spirit and
                                               getting, I think, the best out of the
                                                                                                       they think of people in government as                  compassion, and it affected everyone
                                               committee because of his example and
                                                                                                       not caring to really spend the time and                she met. Everyone she met felt that ra-
                                               of his setting a tone.
                                                                                                       make the effort.                                       diant glow and reflected it back be-
                                                 We have differences in the bill, but
                                                                                                         I mentioned a minute ago that our                    cause it was so powerful within her.
                                               we are strongly behind this effort. One                 staff is going to be working all this
                                               of the things that I think we have been                                                                           She was a member of the Benedict
                                                                                                       next weekend, and they have been                       Sisters of Annunciation Monastery and
                                               able to do is to figure out what might                  working every weekend, that I can re-                  faithfully lived the monastic life for 59
                                               be a point of difference and that, if it                member, to get this thing done.                        years.
                                               comes to down to it, we take a vote,                      There are two people in particular—                     From 1978 to 2009, she served as the
                                               and we move on, and we get the bill                     John Bonsell and Liz King. Liz King is                 president of the University of Mary and
                                               done. That is what we did this time. We                 the top adviser and manages things for                 was, as I say, beloved by students and
                                               look forward to being on the floor and                  Senator REED, and John Bonsell has                     faculty. Under her leadership, the uni-
                                               to doing the same thing—taking                          done the same thing for me. He actu-                   versity did amazing things.
                                               amendment proposals from our col-                       ally was my MLA many years ago.                           I think for a time the Presiding Offi-
                                               leagues and trying to deal with them.                   When you see how hard they work and                    cer worked there at the University of
                                               If we can include them in the bill                      their long hours—early in the morning                  Mary during her tenure as president of
                                               unanimously, that will be great. If we                  until late at night and then on week-                  the school. She grew the enrollment—I
                                               need a vote, I hope we can have debate                  ends—I just really want to say, not just               think tripled the enrollment.
                                               and get a vote.                                         of those two individuals but of the peo-                  She was a gifted leader, an inspiring
                                                 We all understand that the bill pro-                  ple they have working for them, that I                 leader. She led by example. I think one
                                               vides the Defense Department with the                   have never seen a harder working                       of the most amazing things about her—
                                               resources it needs, particularly to en-                 group. Their job, I guess—I say to my                  a story you hear about over and over
                                               sure that the men and women who de-                     friend Senator REED—is to make us                      again; people marvel about it. When
                                               fend us have the resources they need                    look good, but they are the ones who                   she originally came back after her
                                               not only to fight the fight but, when                   do the work.                                           schooling at the University of Mary,
                                               they return, to have a quality of life                    I yield the floor.                                   she taught music, but she eventually
                                               with their families themselves that is                    I suggest the absence of a quorum.                   became president of the university.
                                               in keeping with their sacrifice and                       The PRESIDING OFFICER. The                           Even after she was president of the uni-
                                               their service. This bill does that. It                  clerk will call the roll.                              versity and Monsignor Shea became
                                               also funds at the caps set under the re-                  The senior assistant legislative clerk               president of the university, she stayed
                                               cently enacted Budget Control Act of                    proceeded to call the roll.                            and continued to work with the univer-
                                               about 2 years ago, so we are providing                    Mr. HOEVEN. Mr. President, I ask                     sity and the students.
                                               the much needed stability the Depart-                   unanimous consent that the order for




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                                 One of the amazing stories that peo-
                                               ment needs. It will include many items                  the quorum call be rescinded.                          ple would talk about and marvel at is
                                               that benefit the families and military                    The PRESIDING OFFICER (Mr.                           how she would go on campus and she
                                               members, and I will go into those de-                   CRAMER). Without objection, it is so or-               would meet all the students. So she got
                                               tails later in our discussion.                          dered.                                                 to know them all, thousands of stu-
                                                 Now, 2 weeks ago, the committee                             REMEMBERING SISTER THOMAS WELDER                 dents. She knew all the faculty and ad-
                                               took up the bill in the markup. Again,                    Mr. HOEVEN. Mr. President, I rise                    ministrators and that kind of thing be-
                                               under the leadership of the chairman,                   today to honor an influential and be-                  cause they were there all the time. But



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S3195
                                               she would get to know all the students,                   I am going to reference just a couple                reform. It was a vote on whether we
                                               and without fail, she would remember                    of the lines we have in the bio we put                 could simply begin debate on police re-
                                               those students’ names. She went                         in there:                                              form.
                                               around the campus, and it wasn’t just                     Sister Thomas is recognized as a woman                  We are standing now on the floor of
                                               ‘‘Hi, how are you?’’ She knew the stu-                  who lives, serves, and leads by example. Her           what is called the world’s greatest de-
                                               dents. She knew their names. She knew                   personal achievements, character, and lead-            liberative body, the U.S. Senate. Yet
                                               who they were. People would marvel                      ership have been an inspiration to countless           my colleagues on the other side
                                               not only that she was able to do that,                  individuals, students, entrepreneurs, and              wouldn’t even entertain a debate on an
                                               but she never seemed to forget a name.                  business and state leaders. Envisioning the            issue that has stirred our Nation and
                                                                                                       University of Mary as the Nation’s premier
                                               You have to remember, there are thou-                                                                          shaken it to its core.
                                                                                                       institution for the preparation of servant
                                               sands of students, and they are there                   leaders, Sister Thomas promotes com-
                                                                                                                                                                 We know why we are here. There was
                                               for a while, and they move on and more                  petence, communication, commitment to                  a murder of a citizen in Minneapolis—
                                               come in.                                                values, and service to community. Her                  George Floyd. There have been peace-
                                                 It is one thing to know the faculty                   strong belief in the ability of an individual          ful demonstrations all over the country
                                               and administrators and those kinds of                   to go into leadership through service is an            since then, and Congress’s time to re-
                                               things and people who are there year in                 example for North Dakota and the nation.               spond probably—probably should have
                                               and year out, but think about the flow                    There is a lot more, but those were                  responded years ago, but this has
                                               of students coming through, and to                      some of the things we put in there to                  brought to a head that we need police
                                               know them and know them by name—                        try to capture who she was, what she                   reform.
                                               I think it is not only a testament to                   did, and what a difference she made in                    Yes, we are in the world’s greatest
                                               her but a testament to the University                   the lives of so many.                                  deliberative body, we are told. The
                                               of Mary, where they really make those                     As I say, I don’t know that I ever met               Senate’s legacy and prestige are built
                                               young people feel special and feel that                 anyone who didn’t immediately like                     on our ability to debate and discuss
                                               they are an individual who is some-                     her, but it was more than that. I mean,                legislation, to address the most press-
                                               body, who has worth. They are not just                  there are a lot of people who are like-                ing issues before our country. My col-
                                               another student at the school; they are                 able, affable, and amiable. She was all                leagues on the other side have robbed
                                               somebody special. She made them feel                    of that. She was very, very likeable.                  the American people of the opportunity
                                               special because she knew them, she                      She had a great smile, good wit, and                   to pass meaningful police reform.
                                               took time to talk to them. She always                   good humor. She was a really good                         On the other side, they argue that
                                               had time to talk to them. She had a lot                 speaker. She was always very prepared,                 the JUSTICE Act doesn’t go far enough
                                               of important things to do, but she al-                  always had a good message, and was                     and that their version of police reform
                                               ways took time to talk to them and                      well-spoken, but she had a great smile                 is the only bill worth considering. All
                                               make them feel appreciated.                             and a ready laugh, and she imme-                       the brains in the U.S. Senate are on
                                                 When we think about sending our son                   diately made people feel comfortable.                  the other side of the aisle, is more or
                                               or our daughter off to school, that is                  You could see how she would lean in                    less what they are saying. I want to re-
                                               certainly something we would want, is                   and gaze in on them and just start to                  mind them that we live in a country
                                               when they go to that school, there is                                                                          with diverse ideas and varying opin-
                                                                                                       say: Tell me about you. Give me some
                                               somebody there who says: You are an                                                                            ions. Debating those differences is the
                                                                                                       of what you are, A little bit of what is
                                               individual. You are unique. You are                                                                            only way to make meaningful reform.
                                                                                                       your spirit, what moves you, what                         Democrats complain that their views
                                               special. You are not just a number, but                 makes you. What are you interested
                                               you are here, and I appreciate you, and                                                                        weren’t represented in this bill. Well,
                                                                                                       in? What do you like? How are you feel-                the JUSTICE Act contains a number of
                                               I am here for you.
                                                                                                       ing?                                                   proposals that actually have bipartisan
                                                 That is what she did for those stu-
                                                                                                         She just did it naturally.                           support. Even if that wasn’t enough for
                                               dents—not just when she was president
                                                                                                         I just, again, can’t think of anybody
                                               but even after she retired as president.                                                                       them, every Democrat would still have
                                                                                                       who ever met her and didn’t come away
                                               That is what she did because that is                                                                           an opportunity to make additional
                                                                                                       saying: You know, I like her, but she is
                                               who she was.                                                                                                   changes.
                                                 That is just one story, but that is                   special. She made me feel good. She                       On our side, Senator TIM SCOTT of
                                               part of her special gift—her special                    made me feel good. She seemed inter-                   South Carolina led this effort for all of
                                               gift—and she gave it to everybody. She                  ested in me. She is genuine. She cares.                us. Forty-six of us are joining him. I
                                               gave it to everybody. She gave that                     She made an impact on me.                              hope the other seven will join in as
                                               gift of her time, attention, compassion,                  They remember her, and it was posi-                  well. But that is just Republicans, and
                                               and spirituality to everyone. I don’t                   tive, and it was strong.                               this is a bipartisan bill—presumably
                                               know that I ever saw her in any setting                   Mikey and I extend our deepest con-                  not bipartisan enough to satisfy the
                                               where that wasn’t exactly what she                      dolences to her loved ones, and when I                 other side but still bipartisan—and
                                               was doing. That is why I say she did                    say her family, she had a huge family                  they wouldn’t let us move ahead.
                                               epitomize that concept of servant lead-                 because everybody she met was basi-                       Senator SCOTT made clear when the
                                               ership.                                                 cally her family, all those kids and all               bill was introduced last week that he
                                                 As Governor, I was privileged and                     those students. We want to express our                 was interested and willing to discuss
                                               honored to award Sister Thomas the                      sincere appreciation for her lifetime of               changes. Leader MCCONNELL pledged an
                                               Theodore      Roosevelt   Rough     Rider               service and her commitment to her                      open amendment process. Even Speak-
                                               Award. That is our highest recognition                  community and her commitment to                        er PELOSI noted that she welcomed the
                                               in North Dakota. That is the highest                    God. Sister Thomas was patient, Sister                 opportunity to conference the Demo-
                                               award we give. As part of it, we then                   Thomas was wonderful, Sister Thomas                    cratic House police reform bill with
                                               hang the individual’s portrait in our                   was beloved, and Sister Thomas will be                 Senator SCOTT’s JUSTICE Act.
                                               State capitol, and along with the por-                  missed very, very much. God bless her.                    Instead of letting our time-honored
                                               trait, there is also kind of a bio that is                With that, I yield the floor.                        legislative process work, my colleagues
                                               right there so that people going to the                   The PRESIDING OFFICER. The Sen-                      sent a letter calling the JUSTICE Act
                                               North Dakota State Capitol can see the                  ator from Iowa.                                        ‘‘unsalvageable.’’ Let’s remember—
                                               people from across our State who are                                      THE JUSTICE ACT                      these are the same Senators who in-
                                               inspirational leaders. The pictures are                   Mr. GRASSLEY. Mr. President,                         sisted that the Senate consider a police
                                                                                                       today my colleagues on the other side




SSpencer on DSK126QN23PROD with SENATE
                                               a montage, so that you put up things in                                                                        reform bill before the July recess,
                                               their life.                                             of the aisle voted to block consider-                  which starts next week. Now that they
                                                 In the case for Sister Thomas, she                    ation of the JUSTICE bill. This hap-                   are getting what they asked for, they
                                               went to the University of Mary there,                   pened to be the first major piece of po-               say they don’t want it anymore—at
                                               and they can see and get a visual sense                 lice reform legislation in years.                      least that is what their vote tells me
                                               of what the person looked like, the im-                   To be clear, this vote wasn’t a vote                 today.
                                               portant things they did, and then we                    to pass the bill in the Senate. It wasn’t                 My question is, What are they afraid
                                               have a bio that goes with it.                           even a vote to limit debate on police                  of? Are they afraid of losing control of



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                                               S3196                                             CONGRESSIONAL RECORD — SENATE                                                        June 24, 2020
                                               the process if it goes to a vote? Well,                 been an evergreen issue. George                           It also is reasonable to question the
                                               then, they are afraid of democracy.                     Floyd’s murder was the spark that ig-                   extent of President Obama’s and Vice
                                               They are afraid of the American people                  nited a national outcry. We must rise                   President Biden’s knowledge about
                                               who elected each Senator in this body                   to the occasion. We cannot let elec-                    Russia and the Flynn investigation. I
                                               and trusts each Senator to represent                    tion-year politics and differences of                   give this to you as an example. We
                                               them by voting on legislation.                          opinion prevent us from even dis-                       know that on January 4, 2017, the same
                                                 Are they afraid that their ideas won’t                cussing how best to improve justice                     day that Strzok allegedly wrote the
                                               be adopted? The JUSTICE Act has                         and safety in our community.                            meeting notes, the FBI wrote a closing
                                               many similarities to the Justice in Po-                                  FLYNN INVESTIGATION                    memorandum on Flynn, who was code
                                               licing Act. We want to find a way for-                     Mr. President, I will speak just a                   named ‘‘Crossfire Razor’’ by the FBI,
                                               ward on a bipartisan basis. If ideas                    short period of time on another issue                   that said the intelligence community
                                               have merit, they will have to be voted                  that was resolved today by the DC Cir-                  could find no derogatory information
                                               on and be included.                                     cuit Court of Appeals. Finally, justice                 on him.
                                                 Are they somehow afraid that if we                    has been done to a person that has been                   So they couldn’t find any derogatory
                                               make progress, it will be perceived as                  very unjustly treated, a person by the                  information on him, a person who had
                                               giving the President and his party a                    name of Lieutenant General Flynn,                       served in the military for 33 years, got
                                               win? I have been around here long                                                                               out as a lieutenant general, and was
                                                                                                       who served this country 33 years in the
                                               enough to know that in an election                                                                              going to be the National Security Advi-
                                                                                                       military.
                                               year, it gets harder and harder to get                     Today, the U.S. Court of Appeals for                 sor for this new administration. They
                                               things done because neither party                       the District of Columbia ordered the                    could find no derogatory information,
                                               wants the other to get any credit for                                                                           but for the next 31⁄2 years, he has been
                                                                                                       district court to grant the govern-
                                               anything or have an advantage. But on                                                                           fighting for his freedom. Then, on that
                                                                                                       ment’s motion to dismiss the Flynn
                                                                                                                                                               very same day, January 4, 2017, the FBI
                                               an issue as important as this, it is the                case. Remember, this has been going on
                                                                                                                                                               was ready to close this Flynn case—
                                               height of cynicism and hypocrisy to                     for almost 4 years.                                     probably based on the fact that Comey
                                               prevent progress to gain political ad-                     I am pleased the appeals court upheld
                                                                                                                                                               said that all this connection between
                                               vantage.                                                what it rightfully called ‘‘clearly es-
                                                                                                                                                               Flynn and the Russian ambassador was
                                                 I am reminded of a Scripture: ‘‘For                   tablished legal principles.’’ The appeals
                                                                                                                                                               probably legit.
                                               what shall it profit a man if he shall                  court said that the first ‘‘troubling in-                 But that doesn’t matter to somebody
                                               gain the whole world but lose his                       dication’’ of the district judge’s ‘‘mis-               by the name of Strzok, who was kind of
                                               soul?’’                                                 taken understanding’’ of his role was                   leading all of this. He asked another
                                                 The American people expect better. I                  to appoint a former judge, and now a                    FBI agent: ‘‘Hey if you haven’t closed
                                               know that my fellow Iowans expect                       private citizen, to argue against the                   Razor don’t do it yet.’’ The case was
                                               better. Frankly, I expect better as well.               government’s proposal to District                       still open at the moment and Strzok
                                                 I hope my colleagues reconsider their                 Judge Sullivan to dismiss the Flynn                     asked that it be kept open ‘‘for now.’’
                                               obstruction and let us get on with                      case. Remember, the reason for that                     Strzok then messaged his lover, Lisa
                                               crafting a bipartisan police reform bill.               was that he was mistreated in the first                 Page, saying that Razor still happened
                                               I know my colleagues on the other side                  place.                                                  to be open because of some oversight
                                               share our desire to deliver for our con-                   As the majority opinion said: ‘‘The                  and said to her—I don’t know whether
                                               stituents. I don’t doubt their sincerity                court has appointed one private citizen                 this is tongue in cheek or whether it
                                               about wanting to address inequities in                  to argue that another citizen should be                 was real serious, but he said: ‘‘Yeah,
                                               the communities or unfairness in polic-                 deprived of his liberty regardless of                   our utter incompetence actually helps
                                               ing. I don’t doubt they would have had                  whether the Executive Branch is will-                   us. . . . ’’
                                               legitimate ideas on how to improve                      ing to pursue those charges.’’                            So what is helping us? It seems like
                                               this legislation if it had come before                     The DC Circuit is ordering an end to                 any excuse to keep going in getting
                                               the Senate. But at the very least, we                   this charade, and let Lieutenant Gen-                   Flynn. At that point, we all know the
                                               can’t accomplish any of those things                    eral Flynn get back to his life and his                 case should have been closed, but 31⁄2
                                               unless we start debate.                                 family. Remember, this is a case where                  years later, it is just solved by a deci-
                                                 We have done it before on other                       we set up—and you saw the emails                        sion of the DC Court of Appeals. So, in-
                                               issues. Only 18 months ago, this Cham-                  from people that were going to pros-                    stead, even in light of Comey appar-
                                               ber passed the FIRST STEP Act, the                      ecute him. Is this to get him fired—to                  ently saying that the calls between
                                               most significant criminal justice re-                   get Flynn fired? Or is it to get him                    Flynn and the Russian Ambassador ap-
                                               form bill in a generation. That was a                   prosecuted? That is how open it was,                    pear legit, President Obama—still
                                               strong bipartisan bill. It wasn’t easy,                 but we didn’t know about that until a                   President of the United States—di-
                                               but Senator DURBIN and I and Demo-                      few months ago.                                         rected Comey to ‘‘look at things’’ and
                                               crats and other Republicans in addition                    So, today, Flynn’s legal team re-                    make sure ‘‘the right people’’ inves-
                                               to the two of us found a path forward                   leased Strzok’s notes regarding a meet-                 tigate it.
                                               and are giving thousands of Americans                   ing between Obama, Biden, Comey,                          That has kind of been questionable,
                                               a chance to improve their lives when                    Sally Yates, and Susan Rice. These                      the extent to which President Obama
                                               they leave prison.                                      notes appear to show several important                  was involved in this, but it seems like
                                                 I am frustrated that the Senate can’t                 things. The first one is, Comey said the                those quotes make it pretty clear. And
                                               consider this JUSTICE Act, but I                        Flynn calls with the Russian Ambas-                     then, at this very same conversation,
                                               promise Iowans and the American peo-                    sador ‘‘appear legit.’’ Two, President                  Vice President Biden chimed in as well
                                               ple that this partisan exercise doesn’t                 Obama ordered Comey to ‘‘look at                        by bringing up the Logan Act, which
                                               represent my last hope for meaningful                   things.’’ Three, President Obama di-                    was used as a pretext to interview
                                               change. I stand ready to work with any                  rected that ‘‘the right people’’ inves-                 Flynn weeks later. Mind you, all of
                                               Democrat or any Republican on the                       tigate Flynn. Four, Vice President                      this happened after the election. Now
                                               issue of police reform, and, for sure, I                Biden appeared to raise the Logan Act.                  people are raising questions about:
                                               am not alone in the willingness to do                      Those four things lead to these ques-                Why are you worried about things that
                                               that.                                                   tions. Well, if it was legit, then, why                 happened 3 years ago? An injustice was
                                                 In fact, at the Judiciary Committee,                  ‘‘look at things’’? If it was legit, why                done to Flynn, and if you let people
                                               just last week, the issue was police use                would Biden mention the Logan Act?




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                               run wild over the freedoms and lib-
                                               of force and community relations. At                    These notes raise legitimate questions.                 erties of the American people, if it can
                                               that meeting, Chairman GRAHAM indi-                     For example, did President Obama and                    happen to a lieutenant general, it can
                                               cated that he wants to hold more hear-                  Vice President Biden deliberately take                  happen to anybody else, and we saw it
                                               ings on this issue.                                     steps in the final hours of their admin-                happen to George Floyd. He was mur-
                                                 So I urge my colleagues on both sides                 istration to undermine the incoming                     dered because of justice and the con-
                                               of the aisle not to let today’s vote be                 administration? It sure looks like that                 stitutional rights of people not being
                                               the end of the story. There is and has                  is what they were up to.                                followed.



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S3197
                                                 So then we have the incoming Trump                      It is a system of a lot of different em-             mittee on Solvency of Multiemployer
                                               administration and all this going on,                   ployers coming together and providing                  Pension Plans. It was a 1-year com-
                                               having no idea that Obama, Biden,                       a pension under one union typically.                   mittee. It was House and Senate, Re-
                                               Comey, and Strzok were busy setting                     This system now comprises over 1,400                   publican and Democrat. We were sup-
                                               the stage for what would become a                       plans covering 10.8 million participants               posed to get to a solution for this prob-
                                               multiyear struggle to show that Trump                   and their families. Unfortunately, it is               lem before it gets worse, and we spent
                                               didn’t collude with the Russian Gov-                    on the verge of collapse. The system is                countless hours trying to do that. I
                                               ernment—so much for a peaceful tran-                    underfunded by more than $638 billion,                 spent countless hours in meetings with
                                               sition of power from one President to                   and that figure has probably increased                 beneficiaries,    retirees,  spouses    of
                                               another and from one political party to                 significantly due to the coronavirus                   theirs.
                                               another. It was something that for 240                  epidemic and the resulting impact on                     Ohio was one of the States hardest
                                               years we prided ourselves in, but not in                the economy.                                           hit. I have heard their stories about
                                               this case. Ever since the election, No-                   On top of that, there is the Federal                 how years of mismanaged pension
                                               vember of 2016, think of all the things                 entity that ensures these pensions.                    plans have put them on the hook for
                                               that have been done to get Trump out                    Pensions are sort of a guaranteed ben-                 unthinkable cuts in the pensions they
                                               of office, and it started even before he                efit, so-called, but they are guaranteed               just assumed were going to be there.
                                               was sworn in.                                           in a sense because they are insured by
                                                 Well, thankfully, the DC Circuit                                                                               Let me spell out how precarious this
                                                                                                       a Federal entity called the Pension
                                               stepped in to restore a bit of justice                                                                         is for my home State of Ohio. We have
                                                                                                       Benefit Guaranty Corporation. That
                                               after the government’s multiyear cam-                                                                          over 60,000 active workers and retirees
                                                                                                       PBGC for the multiemployer program
                                               paign to destroy Flynn’s reputation.                                                                           in multiemployer pension plans at im-
                                                                                                       is projected to become insolvent in less
                                               The FBI and the Department of Jus-                                                                             mediate risk of becoming insolvent—
                                                                                                       than 5 years. Over 1.4 million workers
                                               tice’s actions to frame an American                                                                            probably more than any other State in
                                                                                                       and retirees are in plans already in
                                               citizen, drag that citizen into court,                                                                         the country. Many of these Ohio plans
                                                                                                       what is called ‘‘critical and declining
                                               setting him up to plead guilty to lying,                                                                       have already been forced to drastically
                                                                                                       status,’’ meaning they are facing ben-
                                               and then doing everything they can to                                                                          reduce benefits, by the way, including
                                                                                                       efit cuts of over 90 percent. So that is
                                               cover up their transgressions should                                                                           the Iron Workers Local 17 Plan in
                                                                                                       the problem.
                                               never happen and should never have                        This chart can sort of show it to you                Cleveland, the Southwest Ohio Re-
                                               happened either. Let’s all hope it never                here. These are the assets at the start                gional Council of Carpenters Pension
                                               happens again.                                          of the year—2019, 2020, 2021—and this is               Plan, and the Toledo Roofers Local 134
                                                 I yield the floor.                                    what happens. The assets go down. The                  Pension Plan.
                                                 I suggest the absence of a quorum.                    liabilities go up. This is the financial                 Some are already insolvent, like the
                                                 The PRESIDING OFFICER. The                                                                                   Teamsters Local 116 of Cleveland Pen-
                                                                                                       assistance provided to the various
                                               clerk will call the roll.                                                                                      sion Fund, so for some, unfortunately,
                                                 The bill clerk proceeded to call the                  plans. So, as you can see, the green is
                                                                                                       only going to last until 2025. And,                    this insolvency has already happened.
                                               roll.
                                                 Mr. PORTMAN. Madam President, I                       again, with the new economic numbers,                    The Central States Pension Fund,
                                               ask unanimous consent that the order                    that will be exhausted even before                     which is the single largest plan that is
                                               for the quorum call be rescinded.                       that, which creates a real problem for                 in this critical and declining status, is
                                                 The PRESIDING OFFICER. Without                        those plan participants or retirees, for               projected to become insolvent in 2025—
                                               objection, it is so ordered.                            the companies that are going to have                   the same time the PBGC is because
                                                               PENSION REFORM                          huge new liabilities—and some of them                  when it goes under, PBGC goes under;
                                                 Mr. PORTMAN. Mr. President, I am                      will not be able to handle it and will                 it is that big. They have 44,000 partici-
                                               here to talk about a complicated but                    not be able to stay in business—and for                pants in that plan in Ohio—again, more
                                               really important issue, and it is one                   our economy, because that will then                    than any other State. The majority of
                                               that Congress and the administration                    have a contagion impact on the entire                  Central States’ retirees are veterans,
                                               needs to address before it results in a                 economy.                                               by the way, according to the National
                                               devastating financial impact on mil-                      So those workers who are expecting                   United Committee to Protect Pensions.
                                               lions of retirees, raises costs to thou-                to have the benefit because they are                   They receive about $360 million in an-
                                               sands of businesses, some of which are                  still working and those retirees who                   nual benefits from their pensions. By
                                               going to go insolvent—bankrupt—un-                      are facing these cuts are looking to us                the way, that money goes right back
                                               less it is dealt with, and an issue that                to come up with a bipartisan solution                  into the economy. They spend it.
                                               can harm the overall economy if it is                   to address this crisis that faces the                    Unfortunately, years of bad Federal
                                               not dealt with.                                         multiemployer pension system and the                   policy with respect to funding and
                                                 The Presiding Officer has been very                   PBGC. They are counting on us to put                   withdrawal liability rules, losses on
                                               involved in this issue, and I hope oth-                 in place commonsense reforms to en-                    risky investments, and failure to take
                                               ers will bear with me as we talk about                  sure that these hard-earned pension                    proactive action have brought many of
                                               it, because it is complicated, but it is                benefits will be there for workers and                 these pension plans to the brink of in-
                                               really important. I am talking about                    retirees during their retirement.                      solvency. The result is that these hard-
                                               multiemployer pension reform, and as                      A lot of these workers will tell you                 working Ohioans in Central States face
                                               anyone who is working on this problem                   that they didn’t take the pay increases                pension cuts of over 90 percent if no ac-
                                               can tell you, it is something that we                   or they didn’t take the healthcare ben-                tion is taken. That is unacceptable. We
                                               cannot ignore.                                          efits the size they wanted in their col-               can’t let that happen.
                                                 Briefly, a multiemployer pension                      lective bargaining because they bar-
                                               plan consists of multiple different com-                gained for this, which was the hope of                   By the way, it is not just a retire-
                                               panies. Usually, employees in a single                  having a pension—a guaranteed, de-                     ment security issue, as I said earlier; it
                                               union pool their assets together, and                   fined benefit pension—and now they                     is a jobs issue. The multiemployer pen-
                                               they provide a defined benefit pen-                     are seeing the possibility that that                   sion system consists primarily of
                                               sion—the old-style pensions, a guaran-                  could result in a 90-percent cut in their              smaller businesses that face uncer-
                                               teed pension, so-called—to cover work-                  benefits.                                              tainty and a higher cost of doing busi-
                                               ers and retirees. These plans are joint-                  Over the past several years we have                  ness due to the liability they will face
                                               ly administered, then, between the                      been working on this, I have been in-                  called withdrawal liability.




SSpencer on DSK126QN23PROD with SENATE
                                               unions and the employers as trustees,                   volved with it. I have been working on                   More than 200 small businesses are in
                                               who determine the benefits and the em-                  the Finance Committee, which is the                    Central States alone in my home State
                                               ployer contributions based on the col-                  committee here in the Senate that has                  of Ohio—200 businesses that face huge
                                               lective bargaining process and subject                  responsibility for this issue.                         withdrawal liabilities, many of which
                                               to whatever statutory funding require-                    In 2018—so going back 2 years ago                    are much bigger than the book value of
                                               ments there are that we provide here in                 now—I was participating in hearings as                 the company, meaning, of course, that
                                               the U.S. Congress and through law.                      a member of the Joint Select Com-                      they are not going to make it.



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                                               S3198                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                                 In fact, if a systemically important                  framework for reform while serving on                  tlement spending. This has to be some-
                                               plan like Central States were to be-                    this Joint Select Committee on Sol-                    thing that solves the program long
                                               come insolvent, contributing employ-                    vency of Multiemployer Pension Plans.                  term. We can’t put in place a partial
                                               ers face the risk of being assessed un-                 I think that framework can effectively                 solution that will require Congress to
                                               planned withdrawal liabilities that will                address the crisis. We called it the bi-               come back again and again in the fu-
                                               result in a wave of bankruptcies and a                  partisan framework. It would have pro-                 ture. Unfortunately, the House Demo-
                                               contagion effect across the economy as                  vided PBGC enough resources to pre-                    crats’ plan fails to achieve this.
                                               plans with overlapping contribution                     vent its own insolvency and put in                       In my view, any plan we make to re-
                                               bases also fail. It will not just be that               place structural reforms to the funding                form the multiemployer pension sys-
                                               plan; it will be other plans as well be-                rules and the way plans are governed                   tem has to adhere to three main prin-
                                               cause the companies pay into different                  to ensure a long-term solution going                   ciples:
                                               plans.                                                  forward.                                                 No. 1, we do need shared responsi-
                                                 Even if they are not assessed with-                     Unfortunately, the joint committee                   bility to address the immediate crisis.
                                               drawal liability, employers will be                     was not able to reach final agreement                  We should not pass a legislative solu-
                                               forced then to make contributions into                  on these reforms, and therefore we                     tion where the bill is entirely footed by
                                               an insolvent plan, making those com-                    weren’t able to stabilize the PBGC and                 taxpayers. Employers and participants
                                               panies not competitive in the labor                     put it on a stronger financial footing.                must share the responsibility of fixing
                                               market. They will not be able to pay                    But I strongly believe that the mecha-                 this problem—not taxpayers alone
                                               their employees as much because they                    nism to address the immediate crisis                   since 99 percent of taxpayers aren’t
                                               are making the payments into the in-                    that is in this bipartisan framework                   participating in this system.
                                               solvent plans.                                          still offers the right way forward for us                A recent poll by McLaughlin & Asso-
                                                 These jobs are essential to our econ-                 to get this done. In fact, I am pleased                ciates of 2,700 likely voters in Mid-
                                               omy—right now, more than ever. Many                     there is a renewed interest in address-                western States found that 76 percent of
                                               of the current workers in the Central                   ing this crisis using this framework                   voters support a shared solution based
                                               States Pension Fund, as an example,                     right now.                                             on a combination of financial contribu-
                                               are truckdrivers, and these are the                       The House-passed HEROES Act—that                     tions from employers, retirees, and
                                               very truckdrivers who are keeping our                   is, the legislation the House passed to                taxpayers.
                                               grocery stores stocked. They are the                    deal with the COVID–19 crisis—includes                   A Congressional Budget Office 2017
                                               supply lines running through this                       a proposal to try to fix this problem.                 working group paper found that both
                                               coronavirus crisis. They have put their                 Again, it is a step in the right direction             various exemptions from government
                                               health on the line for all of us, and we                in that they have chosen to adopt the                  employer contributions and accounting
                                               need to do our very best to ensure that                 approach of partitioning at-risk plans                 standards used by multiemployer plans
                                               the pensions they have earned—rightly                   to help address the immediate crisis.                  played significant roles in allowing
                                               earned—will be there for them.                          That is the approach we took.                          PBGC to become insolvent. So both ex-
                                                 While these problems were well                          This is a step away from their pre-                  emptions from the employers putting
                                               known before the current economic                       vious plan in the House and among a                    money in and the accounting standards
                                               downturn, this slowdown is only going                   lot of Democrats in the Senate, which                  are the reason, they say, that PBGC be-
                                               to accelerate the crisis. As CBO pro-                   employed a loan structure for all inac-                came underfunded. So greater em-
                                               jected in late April—that is, the non-                  tive liabilities and, based on CBO anal-               ployer contributions are part of getting
                                               partisan Congressional Budget Office—                   ysis, would not have prevented PBGC                    these plans back on track.
                                               the second quarter of this fiscal year is               from becoming insolvent. So this new                     Second, I believe any solution must
                                               projected to mark the largest percent-                  structure makes more sense, and it is                  ensure sustainable solvency for the
                                               age drop in economic output in re-                      closer to the Senate bipartisan frame-                 PBGC. Again, this is important to be
                                               corded history, with the GDP projected                  work. The new House plan, therefore,                   sure that we are solving this problem.
                                               to fall 40 percent on an annualized                     costs a little less, and retirees also get             Overall, I believe premiums should be a
                                               basis. That has a real impact on these                  more certainty from it.                                significant contributor to the health of
                                               pensions.                                                 There are some flaws in the House                    PBGC, covering at least half of the cost
                                                 As chair of the Senate Finance sub-                   Democrats’ approach that still make it                 of recapitalization.
                                               committee with jurisdiction over these                  a nonstarter over here in the Senate.                    We also need our plan participants to
                                               multiemployer pension plans, I have                       First, there is no shared responsi-                  pitch in, in the form of solvency fees
                                               been working on this issue with Demo-                   bility when it comes to strengthening                  paid directly to PBGC. With a signifi-
                                               crats and Republicans alike, and I be-                  the financial condition of the PBGC. It                cant variable-rate premium, by the
                                               lieve a balanced, pro-growth solution                   entirely relies on taxpayers—so $59 bil-               way, we can make these solvency fees
                                               to the problem is possible. I also know                 lion of taxpayer funds over the next 10                as low as 10 percent or maybe even
                                               that it is needed.                                      years. Some on our side of the aisle, of               lower. We need to think long and hard
                                                 As bad as the pension crisis is for                   course, find that to be a bailout by the               about the levels of shared responsi-
                                               these retirees we talked about and for                  taxpayers when, in fact, there ought to                bility that could include premiums im-
                                               their individual plans, it also has a                   be more shared responsibility. This is                 posed on workers, on unions, and in-
                                               broader impact on our economy, so all                   particularly important now as there is                 creased flat-rate premiums as well.
                                               of us should be interested in solving                   more and more concern about the pub-                   These would be small contributions but
                                               this problem.                                           lic money that is being spent.                         significant in the sense that everybody
                                                 It will not be easy, especially given                   Second, the House proposal includes                  would be participating, everybody
                                               the unprecedented health crisis we now                  no structural reforms whatsoever to                    would do a little bit, and the taxpayers
                                               face, but putting off this difficult work               the rules governing how multiemployer                  would be asked to do a lot too. But the
                                               today means greater costs tomorrow.                     pension plans operate, how employer                    only way we can get the taxpayers to
                                               The costs compound, so it gets worse.                   contributions are determined, and cor-                 make a substantial contribution is to
                                                 The multiemployer program deficit                     rective actions that trustees can take                 ensure that there is this shared respon-
                                               is projected to rise significantly if we                to improve plan solvency and protect                   sibility.
                                               wait until this period—around 2024 or                   the participants.                                        Third, any solution must ensure
                                               2025. Even if we didn’t have this pan-                    What we don’t want to do is solve the                there is sustainable solvency for the
                                               demic, this is an issue we owe to our                   problem with a bandaid and then have                   multiemployer plans in the future. Any




SSpencer on DSK126QN23PROD with SENATE
                                               constituents to take proactive action                   the problem come right back again. We                  bipartisan solution should include
                                               on.                                                     want to get this right. The reforms                    structural reform to the funding rules
                                                 We have come some way on this                         have to address the underlying flaws in                governing employer contributions to
                                               project, and we have made some                          the system and ensure that PBGC can                    multiemployer plans so that Congress
                                               progress over time. In 2018, Senator                    function as a self-sustaining entity                   and the Treasury will not be regularly
                                               SHERROD BROWN and his co-chair Sen-                     rather than a new line item in the Fed-                called upon to bail out a large number
                                               ator Orrin Hatch and I put together a                   eral budget funded by permanent enti-                  of underfunded plans.



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S3199
                                                 Retirees need to know these plans                       The Senate Finance Committee will                       I think now it is time to review that
                                               are secure. This includes gradually                     continue to reach out to have a serious                which most of us learned in fifth grade.
                                               phasing down the rate at which plans                    conversation with Democrats on both                    Just for a civics lesson for my Demo-
                                               may value existing pension liabilities,                 sides of the Capitol to help address this              cratic colleagues, I am going to go
                                               which are promises to retirees that                     immediate crisis and ensure sustain-                   through how a bill is passed and to
                                               should be kept but are being budgeted                   able solvency for the multiemployer                    show that, even though they don’t like
                                               for through investments that the Con-                   pension system. In order to reach an                   how the bill starts, they can actually
                                               gressional Budget Office says are high                  agreement on this issue, shared respon-                change how it ends and vote against it
                                               risk. Without any rules on how these                    sibility will be necessary to make it                  if they don’t like it.
                                               pension liabilities are valued, there is                work, in my view.                                         We all learned this. This is how a bill
                                               high risk. Here is what the risk is now.                  To reiterate, we are willing to put se-              is passed. We get an idea from a con-
                                               Here is the average multiemployer                       rious Federal money on the table—tax-                  stituent. Those ideas are on the street
                                               plan target rate of return. Here is a                   payer funds—and we are willing to ne-                  right now. They want reform of how
                                               conservative way to look at it, which                   gotiate, but it has to be a balanced ap-               policing occurs, to make sure that it is
                                               would be the interest rate on 10-year                   proach.                                                fair and equitable for all. The bill can
                                               Treasuries.                                               The time to act is now. The Senate                   go through the House. It is debated on
                                                 By the way, the 10-year Treasury is                   Finance Committee has this common-                     the House floor. If it is approved, it
                                               now down to just about 1 percent, so it                 sense proposal on the Republican side—                 comes to the Senate.
                                               has gone down even further. This gap is                 again, vetted by PBGC—that, while not                     I am going to interject here. The
                                               that high risk the Congressional Budg-                  perfect, is an interesting starting point              Senate may come up with its own bill,
                                               et Office is talking about. So there                    for us to come together. The House has                 and it goes to the floor. Here, it says
                                               needs to be some solution here.                         their own proposal that has many simi-                 the bill is debated. That is not hap-
                                                 I understand that this needs to be                    larities in terms of its structure. So                 pening. Filibuster and cloture may
                                               phased in. It needs to be gradual. It                   let’s build upon those, as Republicans                 occur, and the Senate may approve the
                                               needs to be reasonable. But we have to,                 and Democrats, to ensure we can get                    bill.
                                               again, ensure that retirees know that,                  our multiemployer pension system                          Let’s stop here. If the Democratic
                                               when they get into a plan and make                      back in working order. We owe it to                    Senators don’t like the bill in its cur-
                                               contributions to a plan, it is going to                 the retirees. We owe it to the workers,                rent form, they can amend it. If they
                                               be there for them.                                      to the participants in these plans. We                 don’t like the way it is when it is
                                                 The Senate Finance Committee pub-                     owe it to these small businesses. Let’s                amended, they can vote against it. If
                                               lished its own proposal in November                     get serious about this and ensure we                   they vote against it, it will not pass. If
                                               which attempted to get at these two                     can protect the retirements of hard-                   they don’t like where it ends up, after
                                               goals of addressing the immediate cri-                  working Americans we represent. Tax-
                                                                                                                                                              we deliberate, debate, and offer amend-
                                               sis through shared responsibility and                   payers deserve proactive action now,
                                                                                                                                                              ments, they can still defeat it.
                                               preventing a future crisis through re-                  and so do workers and so do retirees.                     Let’s just imagine that it does get
                                               forms to the funding rules. This was a                  Let’s get it done.                                     approved, then it goes to the con-
                                                                                                         I yield the floor.
                                               Republican plan put forward by Sen-                       The PRESIDING OFFICER. The Sen-                      ference committee—you and I know
                                               ator GRASSLEY, who spoke moments                        ator from Louisiana.                                   this—but there are some watching who
                                               ago. That proposal was called the Mul-                                    THE JUSTICE ACT
                                                                                                                                                              heard this dialogue yesterday or these
                                               tiemployer Pension Recapitalization                       Mr. CASSIDY. Mr. President, nearly                   speeches yesterday from our colleagues
                                               Reform Plan. It is not perfect, but it is               a month has passed since George Floyd                  on the Democratic side. Let me just re-
                                               worth emphasizing that the Trump ad-                    died. In a show of unity, which bridged                mind people, if we approve a bill, it
                                               ministration supports this proposal                     divides        Americans—Republicans,                  still goes to conference committee.
                                               and put out a Statement of Adminis-                     Democrats,      Independents—demanded                     The legislation passed by the House
                                               tration Policy endorsing it, saying:                    that something be done to prevent such                 of Representatives is considered; those
                                               ‘‘We believe it has the potential to                    deaths from happening in the future.                   two bills are merged; and then it comes
                                               serve as the base for a long-term solu-                 Republicans are trying to do some-                     back for another vote. They have a
                                               tion to the multiemployer pension cri-                  thing.                                                 chance to amend. They have a chance
                                               sis.’’ I have talked to several people                    Thanks to the leadership of Senator                  to vote against it if they don’t like the
                                               within the administration, and I think                  TIM SCOTT, the Senate is trying to con-                final product, and then it is going to a
                                               they are also committed to a bipar-                     sider the JUSTICE Act, a major bill to                 conference committee with Speaker
                                               tisan agreement in this Congress to try                 reform police departments in meaning-                  PELOSI’s version, and then they get to
                                               to solve this problem.                                  ful, practical ways; yet today, Demo-                  vote against that if they don’t like
                                                 Again, the plan put out by Senator                    crats blocked consideration of the bill.               that.
                                               GRASSLEY and also Senator ALEXANDER                     I hope Democrats allow the Senate to                      If all they do is allow deliberation of
                                               may not be perfect, but now you have                    at least debate the JUSTICE Act. If                    the bill—in what one said sarcastically
                                               two plans out there, both of which use                  Democrats don’t like the bill, offer an                was the ‘‘world’s greatest deliberative
                                               the same basic structure, and I think                   amendment. Make the case. Reforming                    body’’—they would have this, that, and
                                               there is an opportunity here for us to                  police departments, making justice                     that opportunity to either change, dis-
                                               come together.                                          fair, and equal for all is a bipartisan                approve, or to vote on something which
                                                 Right now, I know some of my coun-                    issue.                                                 they finally approve. That is how it is
                                               terparts in the House who have worked                     I smiled when I was sitting in the                   supposed to work.
                                               on the multiemployer pension proposal                   Chair where you are right now, Mr.                        By the way, my young aide was
                                               in the HEROES Act want to know                          President, when a Senate colleague,                    bringing us into the Chamber and saw
                                               whom they should be negotiating with                    who is a Democrat, spoke yesterday                     somebody in the hallway, and the
                                               because they are not negotiating right                  and described the Senate as the world’s                young person said: Hmm, it doesn’t
                                               now on how to find that compromise. I                   greatest deliberative body. I thought                  work that way. He remembered seeing
                                               would suggest talking to the Finance                    she must be sarcastic. I say that be-                  this cartoon, this YouTube, when he
                                               Committee. That is where the jurisdic-                  cause Democrats refuse to allow delib-                 was a kid. All he could say was: It
                                               tion is. That is what the administra-                   eration. The people sent us here to                    doesn’t work that way.
                                               tion has indicated as well.                                                                                       It should. It is how our Founding Fa-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       solve problems. Let’s do the work.
                                                 We have been working all year with                      As I was sitting in the Chair yester-                thers set it up. But the other side de-
                                               the PBGC on a reasonable proposal                       day, I heard Democrats rationalize why                 cided it doesn’t work that way, and
                                               that we believe can get support from                    they refuse to allow debate. As best as                that is too bad. That is too bad be-
                                               the National United Committee to Pro-                   I can tell, they refused to allow any de-              cause, if we don’t do the work, if we
                                               tect Pensions, many of the Teamsters                    liberation because they are not sure                   don’t deliberate, if we continue to have
                                               local unions, and many employers who                    that what they want to be included                     status quo over the change and the re-
                                               are trying to stay afloat right now.                    will be included.                                      form that all the American people are



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                                               S3200                                             CONGRESSIONAL RECORD — SENATE                                                       June 24, 2020
                                               demanding, then we will not be answer-                  some form of fairness and policing for                 return to this. I think they are afraid
                                               ing the pleas of those peaceful pro-                    those who feel like it has been denied?                that someone on their side of the aisle
                                               testers who are asking for that change.                   Let me continue. The JUSTICE Act                     will offer an amendment to defund the
                                                 The cynic might believe the Demo-                     requires the Department of Justice to                  police, and they would have to go on
                                               crats blocked deliberation of the JUS-                  develop and provide training and dees-                 the record as to whether or not they
                                               TICE Act because they don’t want the                    calation and intervention techniques                   are going to appease a radical left base
                                               President or the Republicans to have a                  to prevent police encounters from get-                 to vote to defund the police or whether
                                               win in an election year. If that is the                 ting out of hand. That training works.                 or not they are going to support the
                                               case, if this is purely political, they                 The New Orleans Police Department                      men and women in uniform that pro-
                                               have let down the American people, es-                  has implemented it.                                    tect us all. They don’t want that.
                                               pecially those who demand justice.                        One of the images I saw when the                       It is not just a political calculation
                                               They let down the American people                       riots were occurring in Minneapolis                    that they don’t want President Trump
                                               just to score political points.                         was the New Orleans Police Depart-                     to have a win, I suppose; it is a polit-
                                                 Maybe they blocked it because it                      ment taking a knee with protesters in                  ical calculation that they don’t want a
                                               doesn’t include the Democratic Party’s                  Jackson Square—literally on common                     loss. They don’t want to be forced to
                                               new wish list: defunding and abolishing                 ground—to say that we are with you to                  declare their support for the police or
                                               police forces. Perhaps they knew that,                  work towards a solution. That is be-                   their support to defund the police.
                                               if somebody offered an amendment to                     cause of this sort of training being in-                 They are ignoring the cries of pro-
                                               the JUSTICE Act to defund police,                       stituted there. I am so proud that my                  testers demanding that George Floyd
                                               then Members would be forced to vote                    State has example of that which works.                 never occur again in order to cover po-
                                               on the measure rather than just pay lip                 This bill would take that which works                  litical tracks. I think it is important
                                               service to an idea that is going no-                    and make it common across the coun-                    to recognize that defunding the police,
                                               where.                                                  try.                                                   which I think is a radical concept, is
                                                 Let me say, defunding and abolishing                    The JUSTICE Act also requires                        absurd. We need police officers. In fact,
                                               police forces is not the direction Re-                  training and education about the Afri-                 I am always struck that my colleagues
                                               publicans believe we should take, for                   can-American       socioeconomic       cir-            of both parties always thank Capitol
                                               obvious reasons. Mobs are destroying                    cumstance so officers can gain a better                Police for the service they do.
                                               and defacing property and destroying                    perspective in these communities. It                     Don’t the people who live in our com-
                                               and defacing monuments of national                      promotes understanding of how Afri-                    munity thank the police officers to
                                               heroes—George Washington, Abraham                       can-American males are impacted by                     keep their business from being stolen
                                               Lincoln, Ulysses Grant. World War II                    experience,      including     education,              and robbed or burned? I think they do.
                                               memorials are being defaced with swas-                  healthcare, financial status in the                    But on the other hand, if you think po-
                                                                                                       criminal justice system. It helps de-                  lice should be defunded, allow that
                                               tikas, torn down by a mob that hates
                                                                                                       partments know the best practices for                  amendment to come up, and then vote
                                               the United States of America.
                                                 When you establish a so-called po-                                                                           on it. The American people didn’t send
                                                                                                       police tactics, employment processes,
                                               lice-free zone—an absurd promise for a                                                                         us here to duck tough votes. They sent
                                                                                                       community transparency, and how law
                                               utopian society that is, in fact, full of                                                                      us here to declare that which we be-
                                                                                                       enforcement can best engage on issues
                                                                                                                                                              lieve in but also to represent their in-
                                               crime—the one in Seattle has had, I                     related to mental health, homeless-
                                                                                                                                                              terest.
                                               think, four shootings—at this point,                    ness, and addiction.                                     A word about the mob that is not
                                               the mob’s goal is not justice for George                  Senator SCOTT, drawing from his own
                                                                                                                                                              peaceful protesters advocating for jus-
                                               Floyd; the mob’s goal is about dis-                     experiences, crafted a bill with reforms
                                                                                                                                                              tice for all but those who hate the
                                               playing their hatred for the United                     that will lead to more accountability,
                                                                                                                                                              United States of America, who wish to
                                               States of America.                                      fewer uses of force, and a better under-
                                                                                                                                                              erase our history, and who wish to re-
                                                 If Senate Democrats reject that be-                   standing of disenfranchised and minor-                 place our national heroes with toppled
                                               havior of the mob, let the country hear                 ity communities that police should                     statues and swastikas and hammer and
                                               you. Reject it. But that would require                  also serve and protect. Criminal justice               sickles upon the side of the building.
                                               debate. That would require delibera-                    reform advocates have long called for                  The irony is that most of the mob re-
                                               tion. That is what is being denied the                  the very same reforms the JUSTICE                      lies upon constitutional protections of
                                               JUSTICE Act. That is what Senate                        Act institutes. In fact, there is a lot of             free speech and freedom of assembly.
                                               Democrats will not allow.                               agreement between Republicans and                      We cherish those rights. We cherish
                                                 Here is what Senate Democrats                         Democrats on many of the reforms in                    them and thank those who are peace-
                                               blocked when they decided against al-                   this bill.                                             fully protesting for exercising those
                                               lowing deliberation of the JUSTICE                        I will ask once more: Why are Demo-                  constitutional rights.
                                               Act, if you will, addressing the de-                    crats blocking even a consideration on                   I also hear from some of my col-
                                               mands of the people who are calling for                 this floor of this bill? If you don’t like             leagues on the other side of the aisle
                                               reforms of policing. They denied                        it, work to change it. If it passes, it                that, somehow, these actions of anar-
                                               stronger accountability measures for                    only passes with your votes. If it does                chists are just violent. There is a senti-
                                               the police departments. The JUSTICE                     pass, it then goes to the House of Rep-                ment that says we try to enact change
                                               Act requires reporting of use of force                  resentatives for reconciliation with                   peacefully, but nothing is happening. I,
                                               and no-knock warrants. It increased                     their bill, and then it comes back. But                unfortunately, have to agree with
                                               penalty for false police reports. It in-                we should at least debate—at least pre-                them.
                                               stitutes penalties for failing to prop-                 tend to hear the cries of the American                   The Republicans have brought for-
                                               erly use body cameras. It requires shar-                people who are asking for justice for                  ward a bill that would peacefully begin
                                               ing of disciplinary records so that de-                 those who perceive that they have been                 to make changes in how policing is un-
                                               partments will know whether an appli-                   denied.                                                derstood and practiced and, in peace-
                                               cant has the history of bad behavior in                   We know that the JUSTICE Act                         fully doing so, bring about change for
                                               another law enforcement department.                     brings about the changes to policing                   which they are advocating. But again,
                                                 By the way, some of the Senate                        that Americans are calling for: more                   nothing has happened because Senate
                                               Democrats have said they want to out-                   accountability, deescalation training,                 Democrats have decided that they
                                               law these things. Offer an amendment.                   education, and other things. Yet again,                don’t even want to debate a bill, offer
                                               That is why you deliberate. You don’t                   Senate Democrats have blocked even a




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              amendments, vote against the final
                                               come up with a deal in a back room                      discussion of those reforms.                           product, or allow it to go to a con-
                                               and bring it—and, oh, my gosh, we have                    I ask myself—it doesn’t make sense,                  ference committee with the House of
                                               to vote on it. You offer an amendment.                  good people—why would they block                       Representatives to be changed once
                                               Allow deliberation.                                     even consideration, any response what-                 more to perhaps come more to their
                                                 Why will they not respond to the                      soever to the cries of the people on the               liking.
                                               pleas of the American people to delib-                  street that the Congress do something?                   Again, my Senate Democratic col-
                                               erate, to consider, to come up with                     Why would they even do that? Then I                    leagues are not just blocking reform;



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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                S3201
                                               they will not even allow discussion of                    Since coming to Danville, John has                     On May 25, a Minneapolis police offi-
                                               reform. They don’t want to talk to Re-                  led a transformation of the school. He                 cer kneeled on the neck of George
                                               publicans about it. They don’t want to                  championed major investments into                      Floyd for almost 9 minutes. Mr. Floyd
                                               take a stand on defunding and abol-                     campus infrastructure, the addition of                 repeatedly said he could not breathe
                                               ishing police departments. Rather than                  new endowed professorships, and the                    and pleaded for officers to stop. The of-
                                               have a debate, we go into hiding, leav-                 completion of a $120 million capital                   ficers ignored his pleas and continued
                                               ing the issues regarding the reform of                  campaign. Along the way, a national                    to kneel on his neck until his body
                                               policing unresolved. I hope my Demo-                    publication twice named Centre the top                 went limp. George Floyd’s alleged
                                               cratic colleagues allow the debate to                   school in the South.                                   crime? Using a counterfeit $20 bill to
                                               occur. I hope they recognize the impor-                   Of course, Centre College is no                      buy groceries during a global pan-
                                               tance of this issue to all Americans, es-               stranger to making national headlines.                 demic.
                                               pecially to those in communities of                     In 2000, Centre hosted a Vice Presi-                     As a nation, we have seen far too
                                               color, but really to us all.                            dential debate between Dick Cheney                     many unarmed Black men and women
                                                 To my colleagues on the other side of                 and our former colleague Joe Lieber-                   killed by police. Rayshard Brooks was
                                               the aisle: Come back to the table. Let’s                man. When Centre was selected for this                 shot twice in the back while running
                                               hear your amendments. Let’s have de-                    prestigious honor, it was the smallest                 away from Atlanta police. The police
                                               bate. Let’s enact the change we need                    higher educational institution in his-                 had been called because he had fallen
                                               by building a consensus on the best                     tory to host a Presidential or Vice                    asleep in his car and was blocking a
                                                                                                       Presidential debate. By any objective                  fast-food drive-thru. Breonna Taylor,
                                               path forward. Let’s live up to the state-
                                                                                                       standard, the event was a total success,               an emergency medical worker, was
                                               ment that the Senate is the world’s
                                                                                                       and it came as a clear result of John’s                shot eight times by Louisville police
                                               greatest deliberative body.
                                                                                                       creativity and ingenuity. Afterward, a                 while asleep in her home. Eric Garner
                                                 Together, the Senate—Republicans
                                                                                                       Washington Post writer praised the de-                 was choked to death by an NYPD offi-
                                               and Democrats—can deliver change for                                                                           cer for selling cigarettes. Freddie Gray
                                               the American people. We can bring                       bate as ‘‘one of the best ever. The
                                                                                                       whole day was a happy pageant of Nor-                  was killed after being taken into cus-
                                               about the unity that we as a country                                                                           tody by Baltimore police for possessing
                                               desperately need in order to heal as a                  man     Rockwell    meets    Alexis    de
                                                                                                       Tocqueville.’’                                         a knife. Walter Scott was shot in the
                                               society, but this will only happen if my                                                                       back by North Charleston police after
                                                                                                         That writer wasn’t the only one im-
                                               Senate Democratic colleagues stop hid-                                                                         being stopped for a bad brake light.
                                                                                                       pressed by Centre’s performance. The
                                               ing behind procedural votes.                                                                                   Stephon Clark was killed by Sac-
                                                                                                       Commission on Presidential Debates
                                                 Come to the floor. Let’s deliberate.                                                                         ramento police in his grandmother’s
                                                                                                       went back to John, asking Centre to
                                               Let’s do what the Founding Fathers                                                                             backyard for breaking windows. And
                                                                                                       host another Vice Presidential debate.
                                               imagined that we would. I know that it                                                                         Michael Brown was shot six times by
                                                                                                       Once again, the Centre community
                                               is politically difficult, but sometimes,                                                                       Ferguson police while his hands were
                                                                                                       planned and executed an extraordinary
                                               we have to rise above political dif-                                                                           raised in the air.
                                                                                                       event with the eyes of the country on
                                               ficulty with a challenge of time, and                                                                            Over the past month, millions of peo-
                                                                                                       them.
                                               that challenge is now.                                    Last year, John led Centre in the                    ple—of all races, ages, and back-
                                                 I yield back.                                         celebration of its bicentennial anniver-               grounds—have taken to the streets
                                                 I suggest the absence of a quorum.                    sary with a full year of events. While                 throughout the Nation to protest these
                                                 The PRESIDING OFFICER. The                            the school honored its distinguished                   killings and to demand real police re-
                                               clerk will call the roll.                               history, John seemed to consider his                   form. We need to respond with legisla-
                                                 The senior assistant legislative clerk                own place in it. He announced his re-                  tion that truly meets this moment, a
                                               proceeded to call the roll.                             tirement from Centre, making him one                   bill that actually holds law enforce-
                                                 Mr. MCCONNELL. Mr. President, I                       of the three longest serving presidents                ment agencies and offices accountable
                                               ask unanimous consent that the order                    in the school’s history.                               under the law.
                                               for the quorum call be rescinded.                         Perhaps John’s greatest legacy at                      The Republican JUSTICE Act is no-
                                                 The PRESIDING OFFICER. Without                        Centre will be his fierce devotion to                  where near enough. It simply does not
                                               objection, it is so ordered.                            students. Every single graduate was in-                impose accountability on law enforce-
                                                                f                                      vited into his home at least twice dur-                ment. Specifically, it does not create a
                                                                                                       ing their undergraduate years. With his                national use of force standard. For ex-
                                                          MORNING BUSINESS
                                                                                                       beloved wife Susie, who is an institu-                 ample, in California, lethal force may
                                                                                                       tion herself, John brought compas-                     only be used to prevent an imminent
                                                     TRIBUTE TO JOHN ROUSH                             sionate leadership to all aspects of his               threat of death or serious bodily injury
                                                                                                       work. His colleagues called John the                   to the officer or to another person. It
                                                 Mr. MCCONNELL. Mr. President,                                                                                does not end racial profiling; in other
                                                                                                       institution’s ‘‘beating heart.’’ As he
                                               over the school’s two centuries, some                                                                          words, it does not stop police from
                                                                                                       leaves campus at the end of this
                                               of Kentucky’s brightest students have                                                                          using race to target individuals, a prac-
                                                                                                       month, 1 day before his 70th birthday,
                                               walked Centre College’s campus. Our                                                                            tice I would hope that everyone agrees
                                                                                                       he should take pride in a job very well
                                               Commonwealth’s first Governor, Isaac                                                                           must cease. It does not prohibit no-
                                                                                                       done.
                                               Shelby, chaired the inaugural board.                      I am sure Centre College planned sev-                knock warrants in drug cases, the very
                                               Prominent Kentucky surgeon Dr.                          eral opportunities for its students, fac-              type of warrant that led to the death of
                                               Ephraim McDowell, whose accolades                       ulty, staff, alumni, and friends to ex-                Breonna Taylor. It does not reform
                                               include a statue here in the U.S. Cap-                  press their sincere appreciation to                    qualified immunity, a legal defense
                                               itol, also served as a trustee. To date,                John. Unfortunately, the coronavirus                   that has allowed officers to avoid ac-
                                               Centre’s alumni include two U.S. Vice                   pandemic changed many of those plans.                  countability even when they have bro-
                                               Presidents, one Chief Justice and an                    But there is nothing that can change                   ken the law. Instead of fixing these
                                               Associate Justice of the Supreme                        our heartfelt gratitude to John and                    problems, the JUSTICE Act collects
                                               Court, as well as more than a dozen                     Susie for all they have done for Centre                more information and data on prob-
                                               Senators, 43 Members of Congress, and                   College and the Commonwealth of Ken-                   lems we already know exist.
                                               11 Governors.                                           tucky. As they embark on their next                      We do not need more information. We
                                                 Today, I would like to pay tribute to                 adventure together, we wish them the                   need to address the underlying issues
                                               another leading member of Centre’s




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       very best.                                             of systemic racism and police use of
                                               community: its 20th president and my                                      f                                    force. That is where the Justice in Po-
                                               good friend Dr. John Roush. At the end                                                                         licing Act comes in. Senator BOOKER
                                               of this month, John will complete his                             THE JUSTICE ACT                              and Senator HARRIS introduced this
                                               service to the school, closing out 22                     Mrs. FEINSTEIN. Mr. President, I                     bill earlier this month. It should be our
                                               years of achievement that have                          rise in opposition to proceeding on S.                 starting point. The bill makes mean-
                                               brought     well-deserved   praise  and                 3985, the JUSTICE Act, and want to                     ingful reforms. For example, it re-
                                               growth to Centre.                                       briefly explain why.                                   quires that police departments ban



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