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/
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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
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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
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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-
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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.
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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
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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
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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
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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
SSpencer on DSK126QN23PROD with SENATE
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,
SSpencer on DSK126QN23PROD with SENATE
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-
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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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