House Record, March 16, 2021 — Congressional Record
Summary
Page H1393 of the House section of the Congressional Record for March 16, 2021, from debate on a rule providing for consideration of several bills, including H.R. 1620, the Violence Against Women Reauthorization Act of 2021, H.R. 6, the American Dream and Promise Act of 2021, H.R. 1868 on PAYGO sequestration and H.J. Res. 17 on the Equal Rights Amendment deadline. Speakers including Mr. Nadler and Mr. Issa close debate on a bill to fix the Crime Victims Fund, and Mrs. Fischbach demands the yeas and nays. The page ends with Roll No. 78, with 212 yeas, 200 nays and 17 not voting.
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“House Record, March 16, 2021 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-16-crec-2021-03-16-pt1-pgh1393-5b730d1883/
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March 16, 2021 CONGRESSIONAL RECORD — HOUSE H1393
services, leaving victims and survivors without passes this, we will have the oppor- PROVIDING FOR CONSIDERATION
options for safety and vulnerable to further vic- tunity to actually make this law. OF H.R. 1620, VIOLENCE AGAINST
timization. I am grateful that the House is tak-
WOMEN REAUTHORIZATION ACT
Madam Speaker, the time is now to deliver OF 2021; PROVIDING FOR CONSID-
ing swift action to secure services for
access to the services victims and survivors ERATION OF H.R. 6, AMERICAN
so desperately need during a critical moment victims. Again, I urge my colleagues to DREAM AND PROMISE ACT OF
when the need for victim assistance has sky- support the VOCA Fix to Sustain the 2021; PROVIDING FOR CONSIDER-
rocketed, and programs are being forced to Crime Victims Fund Act. ATION OF H.R. 1603, FARM WORK-
cut lifesaving services for victims. Mr. ISSA. Madam Speaker, in clos- FORCE MODERNIZATION ACT OF
Yes, it will be the fair assessment of ing, I urge passage of this bill, I rec- 2021; PROVIDING FOR CONSIDER-
justice. That is what we are here to do; ommend that all Members vote ‘‘yes,’’ ATION OF H.R. 1868, PREVENTING
fair operatives of justice. So I ask my PAYGO SEQUESTRATION; PRO-
and I yield back the balance of my
colleagues to support this legislation VIDING FOR CONSIDERATION OF
time.
and to join us tomorrow to support the H.J. RES. 17, REMOVING THE
Violence Against Women Act, to recog- Mr. NADLER. Madam Speaker, I DEADLINE FOR THE RATIFICA-
nize that it is our job to promote jus- yield myself the balance of my time for TION OF THE EQUAL RIGHTS
tice. the purpose of closing. AMENDMENT; AND FOR OTHER
b 1630 Last year, all 56 State and territorial PURPOSES
Mr. ISSA. Madam Speaker, it is now attorneys general sent a letter to Con- Mrs. TORRES of California. Madam
my pleasure to yield 5 minutes to the gress warning us that the balance and Speaker, by direction of the Com-
gentlewoman from Missouri (Mrs. WAG- mittee on Rules, I call up House Reso-
financial health of the Crime Victims
NER), who has done so much on this
lution 233 and ask for its immediate
Fund is in jeopardy and urging that we consideration.
bill. act swiftly to address the problem. The Clerk read the resolution, as fol-
Mrs. WAGNER. Madam Speaker, I They explained any decrease in the lows:
thank the gentleman from California funds available for distribution results H. RES. 233
for yielding. A good friend in Congress
in a decrease in the number of victims Resolved, That upon adoption of this reso-
for years, we are so glad to have the lution it shall be in order to consider in the
gentleman back. and survivors that are served, as well
as potential loss of essential staff in House the bill (H.R. 1620) to reauthorize the
I also thank Chairman NADLER for Violence Against Women Act of 1994, and for
leading this legislation, along with so victim service programs. other purposes. All points of order against
many others. The VOCA Fix to Sustain the Crime consideration of the bill are waived. An
Madam Speaker, I rise in support of amendment in the nature of a substitute
Victims Fund Act heeds their call and
H.R. 1652, the VOCA Fix to Sustain the consisting of the text of Rules Committee
would ensure that this fund has the re- Print 117-3, modified by the amendment
Crime Victims Fund Act. I am proud to sources it needs to continue delivering printed in part A of the report of the Com-
co-lead this critical legislation, which mittee on Rules accompanying this resolu-
essential services to victims of crime.
will ensure that victims of serious tion, shall be considered as adopted. The bill,
crimes can continue to access the serv- This important legislation is supported
as amended, shall be considered as read. All
ices that they need to heal and rebuild by more than 1,670 national, regional, points of order against provisions in the bill,
their lives. State, territorial, and local organiza- as amended, are waived. The previous ques-
The Victims of Crime Act, or VOCA, tions. tion shall be considered as ordered on the
grants are the primary source of sup- bill, as amended, and on any further amend-
I thank all of my colleagues who ment thereto, to final passage without inter-
port for programs dedicated to sur- have supported this bill. I am aware of vening motion except: (1) one hour of debate
vivors of domestic abuse, sexual as- no opposition to this bill at all, and I equally divided and controlled by the chair
sault, trafficking, child abuse, and and ranking minority member of the Com-
urge all of my colleagues to support it.
other very traumatic crimes. mittee on the Judiciary or their respective
These grants are funded by Federal Madam Speaker, I yield back the bal- designees; (2) the further amendments de-
criminal monetary penalties, not by ance of my time. scribed in section 2 of this resolution; (3) the
taxpayers. However, with the Depart- amendments en bloc described in section 3 of
The SPEAKER pro tempore. The this resolution; and (4) one motion to recom-
ment of Justice increasingly seeking question is on the motion offered by mit.
nonprosecution and deferred-prosecu-
the gentleman from New York (Mr. SEC. 2. After debate pursuant to the first
tion agreements instead of prosecuting section of this resolution, each further
NADLER) that the House suspend the
Federal crimes, VOCA grants are fac- amendment printed in part B of the report of
ing catastrophic cuts. rules and pass the bill, H.R. 1652, as the Committee on Rules not earlier consid-
In my own home State of Missouri, amended. ered as part of amendments en bloc pursuant
we are expecting a 25 percent cut to The question was taken. to section 3 of this resolution shall be con-
VOCA funds in the upcoming year if sidered only in the order printed in the re-
The SPEAKER pro tempore. In the port, may be offered only by a Member des-
this bill is not signed into law. Mis-
opinion of the Chair, two-thirds being ignated in the report, shall be considered as
souri law enforcement and victim serv- read, shall be debatable for the time speci-
ice providers, along with prosecutors, in the affirmative, the ayes have it.
fied in the report equally divided and con-
need Congress to enact this legislation Mrs. GREENE of Georgia. Madam trolled by the proponent and an opponent,
so they can protect and care for their Speaker, on that I demand the yeas may be withdrawn by the proponent at any
communities. and nays. time before the question is put thereon, shall
If we do not act swiftly to stabilize not be subject to amendment, and shall not
The SPEAKER pro tempore. Pursu- be subject to a demand for division of the
the VOCA funding, thousands of Ameri-
cans will be unable to access lifesaving ant to section 3(s) of House Resolution question.
8, the yeas and nays are ordered. SEC. 3. It shall be in order at any time
services. These programs have never after debate pursuant to the first section of
been more important. The pandemic Pursuant to clause 8 of rule XX, fur- this resolution for the chair of the Com-
has put women and children, in par- ther proceedings on this motion are mittee on the Judiciary or his designee to
ticular, at an increased risk of abuse postponed. offer amendments en bloc consisting of fur-
and domestic violence. We cannot leave ther amendments printed in part B of the re-
victims without support during fright- port of the Committee on Rules accom-
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ening and vulnerable times. panying this resolution not earlier disposed
of. Amendments en bloc offered pursuant to
This bipartisan and bicameral legis-
this section shall be considered as read, shall
lation will help those victims recover be debatable for 20 minutes equally divided
as our justice system prosecutes the and controlled by the chair and ranking mi-
criminals responsible, which is why I nority member of the Committee on the Ju-
am also hopeful that when the Senate diciary or their respective designees, shall
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H1394 CONGRESSIONAL RECORD — HOUSE March 16, 2021
not be subject to amendment, and shall not SEC. 10. Notwithstanding clause 7(a) of rule line from domestic violence, as some-
be subject to a demand for division of the X, during the One Hundred Seventeenth Con- one who has heard gunshots silence a
question. gress, the period described in such clause young girl’s screams for help, I am tell-
SEC. 4. All points of order against the fur- shall end at midnight on April 22.
ther amendments printed in part B of the re- ing you, the thousand people victim-
port of the Committee on Rules accom-
The SPEAKER pro tempore. The gen- ized while we are here tonight need and
panying this resolution or amendments en tlewoman from California is recognized deserve our help.
bloc described in section 3 of this resolution for 1 hour. That is exactly what the Violence
are waived. Mrs. TORRES of California. Madam Against Women Act does. It makes
SEC. 5. Upon adoption of this resolution it Speaker, for the purpose of debate vital new investments in prevention. It
shall be in order to consider in the House the only, I yield the customary 30 minutes
bill (H.R. 6) to authorize the cancellation of strengthens essential protections for
removal and adjustment of status of certain
to the gentlewoman from Minnesota the most vulnerable among us, includ-
aliens, and for other purposes. All points of (Mrs. FISCHBACH), pending which I yield ing immigrant, LGBTQ, and Native
order against consideration of the bill are myself such time as I may consume. American women, and it improves serv-
waived. An amendment in the nature of a During consideration of this resolu- ices for victims, prevents abusers and
substitute consisting of the text of Rules tion, all time yielded is for the purpose stalkers from getting firearms, and
Committee Print 117–4 shall be considered as of debate only. much, much more.
adopted. The bill, as amended, shall be con-
sidered as read. All points of order against
GENERAL LEAVE VAWA is one of many vital protec-
provisions in the bill, as amended, are Mrs. TORRES of California. Madam tions we will discuss today, but it isn’t
waived. The previous question shall be con- Speaker, I ask unanimous consent that the only one.
sidered as ordered on the bill, as amended, all Members be given 5 legislative days Madam Speaker, this September will
and on any further amendment thereto, to to revise and extend their remarks. mark 100 years since an amendment
final passage without intervening motion ex- The SPEAKER pro tempore. Is there was first proposed for our Constitution
cept: (1) one hour of debate equally divided objection to the request of the gentle- to guarantee women equal rights with
and controlled by the chair and ranking mi-
woman from California? men. It finally passed Congress in 1972.
nority member of the Committee on the Ju-
diciary or their respective designees; and (2) There was no objection. This simple amendment, which reads
one motion to recommit. Mrs. TORRES of California. Madam in part, ‘‘Equality of rights under the
SEC. 6. Upon adoption of this resolution it Speaker, today, the Rules Committee law shall not be denied or abridged,’’ is
shall be in order to consider in the House the met and reported a rule, House Resolu- being held up on a technicality. States
bill (H.R. 1603) to amend the Immigration tion 233, providing for consideration of took so long to sign on that the arbi-
and Nationality Act to provide for terms and trary deadline that was set by Con-
H.R. 1620 under a structured rule. The
conditions for nonimmigrant workers per-
rule self-executes a manager’s amend- gress, this body, has passed, even as 38
forming agricultural labor or services, and
for other purposes. All points of order ment by Chairman NADLER, makes in States have ratified the amendment.
against consideration of the bill are waived. order 41 amendments, and provides en Congress created this problem, and
The amendment printed in part C of the re- bloc authority to Chairman NADLER. Congress must fix it. H.J. Res. 79 will
port of the Committee on Rules accom- remove the deadline for ratification
panying this resolution shall be considered b 1645
and finally allow us to ensure women
as adopted. The bill, as amended, shall be The rule also provides for consider- are treated as equals to men in our de-
considered as read. All points of order ation of H.R. 6, H.R. 1603, and H.J. Res. mocracy.
against provisions in the bill, as amended, 17, under closed rules.
are waived. The previous question shall be
The need for equal rights under the
considered as ordered on the bill, as amend-
The rule provides 1 hour of debate law is not debatable. Too often, we
ed, and on any further amendment thereto, each, equally divided and controlled by have seen the results of unfair and un-
to final passage without intervening motion the chair and ranking member of the equal policies for women. This bill will
except: (1) one hour of debate equally divided Committee on the Judiciary or their help end those injustices.
and controlled by the chair and ranking mi- designees for H.R. 1620, H.R. 6, H.R. As we strive to make our Nation a
nority member of the Committee on the Ju- 1603, and H.J. Res. 17. more perfect union, we need to con-
diciary or their respective designees; and (2) The rule provides for one motion to sider how we treat immigrants, too.
one motion to recommit.
SEC. 7. Upon adoption of this resolution it
recommit on each bill. The rule also Immigrants are the invisible backbone
shall be in order to consider in the House the self-executes a manager’s amendment of this country. They are our family
bill (H.R. 1868) to prevent across-the-board by Chairman NADLER for H.R. 1603. members, our neighbors, our frontline
direct spending cuts, and for other purposes. The rule provides for consideration of workers, woven into every aspect of
All points of order against consideration of H.R. 1868 under a closed rule. It also the American fabric.
the bill are waived. The bill shall be consid- provides 1 hour of debate equally di- Dreamers grew up in our commu-
ered as read. All points of order against pro- vided and controlled by the chair and nities. They pledge allegiance to our
visions in the bill are waived. The previous
question shall be considered as ordered on
ranking member of the Committee on flag. They played in our fields, prayed
the bill and on any amendment thereto to the Budget or their designees. in our churches, and worked in our
final passage without intervening motion ex- Finally, the rule provides that H.R. stores. They want to contribute to the
cept: (1) one hour of debate equally divided 232 is hereby adopted and extends the only Nation that they have ever called
and controlled by the chair and ranking mi- deadline for the committee funding home.
nority member of the Committee on the resolution until April 22, 2021. The American Dream and Promise
Budget or their respective designees; and (2) Madam Speaker, we are here today to Act helps them do that. It creates a
one motion to recommit.
SEC. 8. Upon adoption of this resolution it
protect the vulnerable among us, to pathway to citizenship for our Dream-
shall be in order to consider in the House the strengthen the foundation of our de- ers. And it updates our temporary pro-
joint resolution (H.J. Res. 17) removing the mocracy, and ensure humane working tected status and deferred enforced de-
deadline for the ratification of the equal conditions for the people who feed parture laws to prevent devastating de-
rights amendment. All points of order America. portations.
against consideration of the joint resolution We are here to live up to our best The fact is, too often the contribu-
are waived. The joint resolution shall be con- ideals as a Nation by creating protec- tions of aspiring Americans are left out
sidered as read. All points of order against
provisions in the joint resolution are waived.
tions against some of the worst threats of our dialogue about immigrants. But
The previous question shall be considered as that a person can face, threats like do- this pandemic has put a spotlight on
ordered on the joint resolution and on any mestic violence. just how vital they are.
amendment thereto to final passage without In the minute that I have been talk- Without immigrants working our
intervening motion except: (1) one hour of ing, 20 people in this country have been fields, your last meal would have
ctelli on DSK11ZRN23PROD with HOUSE
debate equally divided and controlled by the abused by their partner. By the time looked much different. Without them
chair and ranking minority member of the we are done tonight, that number will enduring record-setting temperatures,
Committee on the Judiciary or their respec-
be over a thousand. facing threats of wildfires, and doing it
tive designees; and (2) one motion to recom-
mit. As someone who worked as a 911 dis- all without proper PPE, the price you
SEC. 9. House Resolution 232 is hereby patcher for nearly 18 years, as someone pay to feed your family would go way
adopted. who has been on the other end of the up.
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March 16, 2021 CONGRESSIONAL RECORD — HOUSE H1395
Deaths among Latino farmworkers Democrats’ weeks-long partisan push fore supporting this rule. We can do
increased by 60 percent during the pan- to fulfill their partisan wish list. better for the American people.
demic. They are sacrificing their lives First up is H.R. 1620, the Violence Finally, I want to address H.R. 1603,
to feed us. The question is: What are Against Women Reauthorization Act, the Farm Workforce Modernization
we willing to do in return? which is a highly divisive distortion of Act, a bipartisan effort to reform our
The Farm Workforce Modernization the original Violence Against Women agricultural worker programs to ad-
Act creates a pathway to legal status Act, that will jeopardize the safety of dress the workforce needs of our agri-
for more than a million farmworkers women. cultural community.
and addresses our future labor needs by By extending services to men who While I appreciate the efforts of my
modernizing our outdated system for identify as women and allowing them colleagues, including my colleague
temporary workers. This bill will give to utilize programs that were designed from the State of Washington, Con-
farmworkers the dignity and recogni- to protect vulnerable women, the bill gressman NEWHOUSE, and others on
tion they deserve, while giving our puts the safety of women at risk. The both sides of the aisle to negotiate in
farmers the stability they need to run bill expands the definition of domestic good faith on this legislation, I will
their businesses. violence to include economic and emo- point out that this bill is not without
Now, before I move on to another tional duress, driving needed resources its flaws. It does not address the al-
topic, I want to say something about away from combatting violent crimes ready high cost of the H–2A program to
my personal immigration story. Just against women and promoting an make it a more economical solution to
like many other Dreamers, I was sent unproven restorative justice approach producers.
here by my parents to escape the vio- instead. It introduces a new private right of
lence my family faced in Guatemala. I Democrats have told us again and action against employers that risks
know exactly what it is like to decide again that it is time to rethink our ap- costly litigation that our producers
between the violence and poverty of proach to law enforcement. But the cannot afford. These types of issues are
staying or the dangers and unknowns same Democrats who want to defund why stakeholders, such as the Amer-
of trying to immigrate here. the police are now pushing this un- ican Farm Bureau, have concerns with
What I know is that we cannot legis- funded mandate, to the tune of hun- this legislation. Make no mistake, a
late a solution for immigration when dreds of millions of dollars, upon law viable workforce for our agriculture in-
we ignore the factors that drive it. enforcement. That doesn’t help anyone. dustry is a national security issue.
Strongmen, narco-traffickers, have Next is H.J. Res. 17, which removes However, I would like my colleagues to
taken hold in Central America, and the the established deadline for the ratifi- recognize that, with the current lan-
rule of law is under assault. cation of the equal rights amendment. guage, this bill is not the end-all and
The organizations that once fought As the deadline for States to ratify the be-all solution for our farmers and
to hold corrupt actors accountable ERA has long passed, the constitu- ranchers. While this legislation may
have been dismantled, and their former tionality of this legislation is suspect, pass the full floor this week as it
employees are now being pursued by at best. Congress does not have the au- stands, I hope our counterparts in the
those very same corrupt actors. Attor- thority to simply extend the deadline other body improve the bill before it is
neys General, unfortunately, are asy- some four decades later. sent to the President.
lum seekers in our own country. I also have concerns about this Madam Speaker, I urge opposition to
We don’t just have a responsibility to amendment radicalizing gender to en- this rule, and I reserve the balance of
help stabilize the region; it is impera- shrine pro-abortion rights in the Con- my time.
tive if we are ever to stop the rush of stitution. I do not need a constitu-
tional amendment to tell me I am b 1700
people trying to come here.
I will close by saying every policy I equal. The Constitution and Federal Mrs. TORRES of California. Madam
describe today is a policy I am truly law already require equal protection Speaker, I yield 4 minutes to the gen-
proud of. Just like the American Res- for all Americans. tlewoman from Texas (Ms. JACKSON
cue Plan did last week, Democrats are If my colleagues on the other side LEE).
making clear, with our actions, exactly were serious about the equal rights Ms. JACKSON LEE. Madam Speaker,
what our priorities are. amendment, they would ensure that I thank the manager of the bill for her
It doesn’t matter how good our agen- the process for adoption was done en- leadership and the rule.
da is if we can’t deliver on the bills we tirely by the book, rather than saying Let me, first of all, rise in support of
pass. The one thing standing in our ‘‘good enough,’’ as they move forward H.R. 6 because there are millions of
way right now is an inside-the-beltway in this questionable manner. young people waiting for this relief in
term called ‘‘PAYGO.’’ If we don’t ad- Next, H.R. 6, the American Dream the DACA promise.
dress it now, it will trigger massive and Promise Act of 2021, will provide The American Dream and Promise
cuts. It goes without saying that this amnesty to millions of illegal immi- Act is long overdue. These are nurses
would be completely unacceptable at a grants, incentivize illegal border cross- and doctors, these are hardworking
time when Americans are in urgent ings, and worsen the surge of illegal young people, these are college stu-
need of more support, not less. immigration we are currently seeing. dents who are ready to serve America.
Republicans passed legislation in 2017 The bill will provide green cards to Let me also rise in support of the
to avoid PAYGO, in order to provide criminal aliens at a time when the Farm Workforce Modernization Act for
tax cuts for the filthy rich, so they southern border is already over- the many, many farmers across Amer-
clearly understand the need to avoid whelmed, costing taxpayers hundreds ica who are supporting that and need-
draconian cuts. I expect them to join of billions more. ing that.
us in preventing them. H.R. 1868 addresses the very real And I don’t know who would be
H.R. 1868, the final bill we are here to budgetary consequences of last week’s against making sure that there are no
discuss today, will do exactly that. I massive partisan spending package Medicare cuts as we proceed to give a
look forward to a fruitful debate on being signed into law. While we can all lifeline to the American people
these bills. agree that we should avoid cuts to through the American Rescue Act. I
Madam Speaker, I reserve the bal- mandatory spending that have been stand solidly behind that bill.
ance of my time. automatically triggered by this level of But let me spend most of my time,
Mrs. FISCHBACH. Madam Speaker, I spending, there was an opportunity to Madam Speaker, on the question of the
thank my colleague from the Rules work across the aisle on a bipartisan Violence Against Women Act, H.R.
ctelli on DSK11ZRN23PROD with HOUSE
Committee, the Representative from solution. It is unfortunate that the ma- 1620, and H.J. Res. 17.
California, for yielding me the cus- jority has chosen, once again, to forge First of all, there is no divisiveness,
tomary 30 minutes, and I yield myself ahead on their own with highly par- and I really stand openly against that
such time as I may consume. tisan policies. interpretation. Is there divisiveness on
Madam Speaker, I rise in opposition For these reasons, Madam Speaker, I helping rape victims across America
to the rule, a continuation of the urge my colleagues to think twice be- who, as President Biden has said, live
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H1396 CONGRESSIONAL RECORD — HOUSE March 16, 2021
in States that are not blue States or with the equal rights amendment for this bill that extend it to children, that
red States, but they live with the the States to be able to reach the 38 extend it to Tribal law enforcement of-
scourge of domestic violence, one of margin. ficers. Those are good changes.
the most dangerous calls that police of- The SPEAKER pro tempore. The But there are other measures coupled
ficers make? time of the gentlewoman has expired. with it dealing with the Second
In 2018, we could not get the Violence Mrs. TORRES of California. Madam Amendment or dealing with, frankly,
Against Women Act, which I wrote, to Speaker, I yield an additional 1 minute people that are not biologically female
the floor because our Republican to the gentlewoman from Texas. that will put this bill at risk on this
friends would not proceed. At that time Ms. JACKSON LEE. It extends that floor and certainly in the United
there was a Republican President, a time beyond the time that was last ex- States Senate.
Republican House, and a Republican tended. When we extended that time, Madam Speaker, none of this was
Senate. Nothing happened, and women we extended it by majority vote in the ever designed to become law. Two
suffered. United States Congress. years ago, we made that mistake.
My women’s center right now is A decision came out just recently Three years ago, actually, a little over
teeming with women who are impacted about the fact that the deadline had two years ago, in 2018, and none of the
by domestic violence during this pan- expired, but what it did say is that the good things happened. Let’s not make
demic. They are crying out for this leg- deadline was created by Congress and that mistake again. Let’s reject this
islation, and they don’t see divisive- that Congress obviously has that au- rule. Let’s modify these bills. Let’s
ness. thority. send the Senate something it can work
What they do see is enhanced legal When we researched this in 1978 in with and pass. If we do that, we have a
assistance. the Judiciary Committee, there was no chance of not making a point, but of
What they do see is $110 million for requirement that that extension of the actually making law that benefits
rape prevention. deadline constitutionally require a every single American.
What they do see is intervention, two-thirds supermajority vote. Simple Mrs. TORRES of California. Madam
with training for men and boys. majority. Are you going to suggest Speaker, let the RECORD show that
They see a space that provides train- Oklahoma’s Fourth District has 146,168
that women now should be denied the
ing and refuge for culturally distinct eligible Medicare beneficiaries that
ERA when a number of States have al-
women who are victimized who can go will be harmed if H.R. 1868 does not
ready sanctioned this? There are some
to a quiet, calm place and deal with pass.
States that have rescinded, but that
culturally sensitive counselors and Let the RECORD show that Min-
will be the jurisdiction of the United
others. nesota’s Seventh District has 152,451 el-
What they see is cooperation between States Congress when appropriate.
I ask my colleagues to support igible Medicare beneficiaries that will
the victim and law enforcement by pro- also be harmed if H.R. 1868 does not
VAWA, H.R. 1620, and H.J. Res. 17, re-
viding and making sure that they have pass.
moving the deadline for the ratifica-
the kinds of resources and legal rep- Madam Speaker, I include in the
tion of the equal rights amendment. It
resentation that is necessary. No one RECORD an October 18, 2019, USA Today
is time for VAWA. It is time for the
goes without legal representation, article entitled, ‘‘1 in 3 American In-
ERA.
whether they are immigrant or Native dian and Alaska Native women will be
Mrs. FISCHBACH. Madam Speaker, I
American. raped, but survivors rarely find justice
They see an enhanced response to the yield 3 minutes to the gentleman from
Oklahoma (Mr. COLE), the ranking on tribal lands.’’
victimization of Native American [From USA TODAY, Oct. 18, 2019]
women who, in fact, there are those member of the Rules Committee.
Mr. COLE. Madam Speaker, I rise in 1 IN 3 AMERICAN INDIAN AND ALASKA NATIVE
who victimize them on their particular WOMEN WILL BE RAPED, BUT SURVIVORS
strong opposition to this rule. This
reservation or pueblo and then run off RARELY FIND JUSTICE ON TRIBAL LANDS
rule and the accompanying legislation,
outside of that, and they are not pros- (By Maren Machles, Carrie Cochran, Angela
sadly, is not about passing law. It is
ecuted. We changed that. M. Hill and Suzette Brewer)
They see the closing of the boyfriend about making a point.
Twila Szymanski lowered the scope on her
loophole. All five of the bills dealt with in this rifle, took aim and hit a target in the dis-
They see the taking away of guns rule have not been marked up by any tance. The shooting range is where she and
from stalkers. committee in this Congress at all, and her husband go to relax and forget the things
Yes, this is a lifeline. The Violence all of them are filled with poison pills they worry about, she said.
Against Women Act, constitutionally that are designed to make sure most Some experiences are hard to shake.
Republicans will not vote for them, and ‘‘To trust somebody you know after a sex-
grounded, due-process protected for ual assault happens . . . it has been so dif-
those who may be accused, but it is they cannot pass the Senate of the ficult to work through that,’’ Szymanski
legislation that women have been wait- United States. said.
ing for. The two bills dealing with illegal im- Szymanski, 40, has lived on the Fort Peck
This bill expired in 2018. We wrote it migration will not just help DACA peo- Reservation in northeast Montana since she
in 2018, we built on it in the last Con- ple, it will legalize millions of people in was born and is an enrolled member of the
gress, and the amendments that were this country illegally. Fort Peck Assiniboine and Sioux tribes. She
The measure on ERA, the timeline said she’s been assaulted three times.
both Republican and Democrat are still ‘‘I was a victim when I was 13, a victim
in this bill because we believe in bipar- ran out for that 42 years ago. This mat- when I was 14 and a victim when I was 34,’’
tisanship, and it is a bipartisan bill ter cannot be reversed now. she said.
with Members from the Republican Frankly, the matter dealing with the Twila Szymanski is a lifelong resident of
Conference, who are in this bill in budget, as my friend from Minnesota the Fort Peck Reservation. ‘‘Native women
terms of cosponsors. suggested, we said last week you are have told me that what you do when you
As it relates to H.J. Res. 17, let me going to run into this problem, you are raise a daughter in this environment is you
going to cut Medicare. There are bil- prepare her for what to do when she’s raped—
say that Congress has the authority to
not if, but when,’’ said Sarah Deer, Univer-
extend the deadline for ratification of lions of dollars of wasted spending in
sity of Kansas professor and author of ‘‘The
the ERA. that reconciliation bill that could ac- Beginning and End of Rape: Confronting Sex-
The ERA says that women do not tually offset those cuts. We should be ual Violence in Native America.’’
have to live in discomfort and live considering that. More than half of American Indian and
under equality and live in inequality. Let me turn now to the Violence Alaska Native women will experience sexual
They live in a Nation of equality, and Against Women Act, Madam Speaker. I violence in their lifetimes, according to the
ctelli on DSK11ZRN23PROD with HOUSE
they live in inequality in housing, in have been one of the strongest sup- Department of Justice.
‘‘You talk to Native women who have lived
income, in access to credit, in employ- porters of that legislation since I ar-
their whole lives on a reservation, and they
ment, in many ways. Why are we con- rived in Congress, and I particularly say, ‘I can’t think of anyone, any woman
tinuing this in the 21st century? am pleased with some of the measures that I know who hasn’t been victimized in
So what does H.J. Res. 17 do? It ex- dealing with Native American women, this way,’ ’’ said Deer, a citizen of the
tends the deadline for the compliance particularly some of the changes in Muscogee (Creek) Nation of Oklahoma.
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March 16, 2021 CONGRESSIONAL RECORD — HOUSE H1397
National data on sex crimes in tribal com- From 2013–2018, there were three sexual as- tem appears to be failing sexual assault sur-
munities is scarce, so Newsy spent 18 months sault convictions, but none of them had en- vivors who report.
focused on two reservations: the Fort Peck hanced sentences. The longest sentence was ‘‘At every level, we are not adequately
Reservation in Montana and the Fort still one year. functioning to provide the services that are
Berthold Reservation in North Dakota. After ‘‘We use the enhanced sentencing sparingly needed in a critical situation,’’ Mayer said.
analyzing exclusively obtained documents because we want it to have meaning,’’ said The Fort Berthold tribal court does not
and conducting dozens of interviews, a stark Scott Seifert, a member of the Comanche have enhanced sentencing. The court sen-
picture emerged. Nation of Oklahoma and Fort Peck’s lead tenced three people for sexual assault from
Sexual assault investigations can fall tribal prosecutor. 2013 to mid–2018, according to court records.
through the cracks when tribes and the fed- Sentences ranged from eight days to six
GOING FEDERAL
eral government fail to work together. Even months.
Tribal court is not the only option for The tribes’ relationship with its federal
for those few cases that end in a conviction
those seeking justice for sexual assault. In partners—the BIA, the FBI and the U.S. at-
in tribal court, federal law prevents most
most cases, the FBI, Bureau of lndian Affairs torneys—is crucial to helping survivors get
courts from sentencing perpetrators to more
(BIA) and U.S. attorneys’ offices are feder- justice. Based on interviews and records ob-
than a year.
Survivors who come forward to report as- ally mandated to work with the tribes to in- tained from federal and tribal agencies, it’s
saults often find themselves trapped in small vestigate and prosecute ‘‘major crimes,’’ unclear whether all sexual assaults on Fort
communities with their perpetrators, and which include sexual assault. Berthold were fully investigated by any
several said the broken legal system contrib- ‘‘So if you have a rape case or a child sex agency in the past six years.
uted to their trauma. abuse case and you do want to see that per- The tribes are supposed to refer every
The federal government has a unique polit- petrator put away, the best possibility for major crime to either the BIA or the FBI for
ical and legal relationship with the 573 feder- you is that it will go federal,’’ Deer said. investigations. Both are charged with over-
ally recognized tribes. The tribes are sov- That responsibility falls to the U.S. attor- seeing all major criminal investigations on
ereign and have jurisdiction over their citi- neys’ offices, which have seen their funding Fort Berthold and will determine which
zens and land, but the federal government and staffing in Indian communities cut by agency takes the lead.
more than 40% in the past seven years, ac- The tribal criminal investigators had
has a treaty obligation to help protect the
cording to the Department of Justice. records of 66 sexual assault cases from Janu-
lives of tribal members. This legal doctrine,
Data Newsy obtained from the DOJ shows ary 2016 to September 2018. The BIA had
called the ‘‘trust responsibility,’’ goes back
that the Montana U.S. Attorney’s Office de- records of only 10 investigations during that
to the treaties the United States signed with
clined 64% of cases of sexual assault in the same time period. The FBI declined to pro-
tribal nations in the 18th and 19th centuries.
past four fiscal years. vide any records.
The array of Supreme Court decisions and
Kurt Alme is the U.S. attorney for Mon- After Newsy asked about the status of
federal laws that followed resulted in a com- these cases, Three Affiliated Tribes Police
plicated legal arrangement among federal, tana. The U.S. attorney for Montana, Kurt
Alme, said a lot of cases are declined because Capt. Grace Her Many Horses, a member of
state and tribal jurisdictions, making it dif- the Oglala Sioux tribe from the Pine Ridge
ficult for survivors of sexual assault to find of weak or insufficient evidence, ‘‘and it is
something that has to be worked on,’’ he Reservation, said she would do a case file re-
justice. view.
Sarah Deer is author of ‘‘The Beginning said.
According to the BIA, tribal courts re- ‘‘The priority for me, right now, is to go
and End of Rape: Confronting Sexual Vio- through those case files to find out what’s
lence in Native America.’’ ‘‘A lot of times, ceived less than 5% of the funding that was
been declined, why, and is there anything we
when I try to explain it, people don’t even needed in 2016. Law enforcement received
can do to make it happen,’’ she said. ‘‘I guess
believe me because it’s so bizarre,’’ Deer 22% of what was needed, and jails received
part of that is on me, too. I should know this
said. ‘‘And the reason it’s bizarre is because less than 50%.
by now.’’
there’s been this patchwork of laws that Less than half of the law enforcement Her Many Horses said she finished the case
don’t talk to each other over the last cen- agencies that the bureau funds and oversees file review nearly a year later, but she did
tury.’’ are properly staffed, said Charles Addington, not provide the details of what she found,
ONLY ONE YEAR
director of the BIA Office of Justice Service nor did she disclose whether the police re-
and a member of the Cherokee Nation. ferred all 66 cases up to their federal part-
The tribal courthouse on the Fort Peck
In August 2018, Fort Peck tribal police had ners.
reservation is a small brick building. The
funding for 21 positions, but nine of them Exactly one week after Newsy’s last trip to
front desk is lined with pamphlets about dat-
were vacant, said Ken Trottier, criminal in- Fort Berthold, during which reporters asked
ing violence and sexual assault.
vestigations supervisor for the Fort Peck how sexual assaults and rapes are handled on
‘‘The trauma that has developed over the
Tribes and a member of the Turtle Mountain the reservation, the Department of Justice
generations . . . some of the assaults are
Band of Chippewa. and the BIA released a joint statement say-
generational, and they’re within the same
‘‘We have a hiring pool that is literally ing, ‘‘A number of concerns have been raised
home,’’ said Chief Judge Stacie Smith, a
nothing here on the reservation, even though about public safety and criminal investiga-
member of the Fort Peck Assiniboine and
we open it up to off-reservation people,’’ he tions on the Fort Berthold Reservation.’’
Sioux tribes. ‘‘Pretend it wasn’t there, and
said. ‘‘There’s no houses for sale. No houses Citing ‘‘the high rate of violence against
maybe it’ll go away, you know, the next gen-
for rent. Where’s that person going to live?’’ women and children,’’ it said the BIA was in-
eration, it won’t happen again. But it con-
Constant turnover and understaffing can creasing the number of special agents from
tinues.’’
Smith wants to break the cycle, but tribal lead to an under trained police department, ‘‘one to two.’’ As of the start of October, no
courts face major restrictions, including a Deer said. second agent had started working on Fort
one-year limit on sentences regardless of the ‘‘[The survivor is] waiting for help. They Berthold.
don’t know if help is coming. They don’t The U.S. Commission on Civil Rights
crime and almost no jurisdiction over non-
know if the help is going to be compas- issued two reports on funding in Indian com-
Indians.
Stacie Smith is chief judge of the Fort sionate and trained,’’ Deer said. ‘‘The system munities, one in 2003 and an update in De-
Peck Tribal Court. ‘‘When you think about is not feeling like a safe, productive system cember 2018, called ‘‘Broken Promises.’’ The
rape and you think about somebody who is a to them anymore.’’ report said, ‘‘The federal government con-
perpetrator of that kind of crime, and you Big money but little justice Three hours tinues to fail to support adequately the so-
think, ‘What do they deserve?’ one year east of Fort Peck, the Fort Berthold Res- cial and economic well-being of Native
doesn’t usually sound like the right answer,’’ ervation in North Dakota sits on the Bakken Americans,’’ and this ‘‘contributes to the in-
Deer said. oil basin and has an annual budget of $400 equities observed in Native American com-
In 2010, the sentencing cap was expanded to million. The reservation is home to the munities.’’
three years per offense through the Tribal Mandan, Hidatsa and Arikara Nation, or the TRYING TO MAKE A DIFFERENCE
Law and Order Act as long as the tribes met Three Affiliated Tribes. Twila Szymanski works as the deputy
certain requirements. Only 16 tribes have im- Driving around the remote reservation, court administrator for the Fort Peck Tribal
plemented the three-year sentencing en- council member Monica Mayer pointed to a Court, maintaining records and stats.
hancement. multimillion-dollar housing project that she Szymanski reported only one of her three
Fort Peck is one of them. said will soon have an aquatic center, base- assaults—the one when she was 14. Her case
When the law took effect, there were no at- ball diamonds and mini golf. made it into federal court.
torneys, no one with a law degree in the A $17 million public safety and judicial The defendant pleaded guilty in 1995. He
court system. center was built, and staffing increased in was sentenced to three years’ probation and
ctelli on DSK11ZRN23PROD with HOUSE
Smith decided to leave her young daugh- the court system. In the past three years, no prison time.
ters to attend law school hundreds of miles the reservation has hired more than a dozen Twila Szymanski is the deputy court ad-
away. This would help the tribal court meet additional officers to help an understaffed ministrator for the Fort Peck Tribal Court.
the federal requirements and give it more police department. ‘‘Justice wasn’t served, in my opinion,’’ she
authority. Monica Mayer is a tribal council member said. ‘‘He was back in the community quick-
The tribal court was able to hand out on the Fort Berthold Reservation. Despite ly, and I had to see him when this was all
three-year sentences starting in late 2012. this financial independence, the justice sys- fresh.’’
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H1398 CONGRESSIONAL RECORD — HOUSE March 16, 2021
Szymanski is confronted with the memory Madam Speaker, I urge my col- Madam Speaker, I would also like to
of what happened to her each time a case leagues to vote ‘‘no’’ on the rule and set the record straight when it comes
comes up and each time she sees her perpe- vote ‘‘no’’ on H.R. 6. to the Violence Against Women Act, or
trator in the community.
She said she uses her position in the court Mrs. TORRES of California. Madam VAWA. My amendment was removed,
to go through cases and stop them from Speaker, the situation at the border in a partisan fashion, from VAWA this
dropping through the cracks, and she is run- has nothing to do with the Dream and Congress, stripping vital sex traf-
ning for Fort Peck associate judge in the Promise Act. If anything, former Presi- ficking funding for victims, for chil-
election this month. dent Trump’s attempt to eliminate all dren. This has always been included,
‘‘When the system has failed you time and and it was stripped out and not allowed
resources contributed to the crisis at
time and time again, you don’t feel empow-
ered,’’ Deer said. ‘‘It feels like a disconnect the border. The Dream and Promise in the amendment process. Also not al-
between this moment of ‘Me Too’ and the re- Act does not apply to future migrants, lowed was my PRENDA amendment
ality of lndian country and sexual assault.’’ just those who were already in the that would have stopped sex selection
Mrs. TORRES of California. Madam country before 2021. in the womb taking the lives of young
Speaker, I reserve the balance of my This Dream and Promise Act has a girls.
time. very high criminal bar. An applicant is Madam Speaker, I urge opposition to
Mrs. FISCHBACH. Madam Speaker, I disqualified if they have any one of the this legislation.
yield 21⁄2 minutes to the gentleman following: A felony conviction, one Mrs. TORRES of California. Madam
from Pennsylvania (Mr. misdemeanor conviction involving Speaker, my colleagues across the aisle
RESCHENTHALER), my good friend and moral turpitude, more than two mis- are not supportive of provisions to pro-
another colleague from the Rules Com- demeanors, or one misdemeanor for do- tect LGBTQ-plus individuals in this
mittee. mestic violence. bill, but LGBTQ-plus members of our
Mr. RESCHENTHALER. Madam Madam Speaker, I reserve the bal- community experience domestic vio-
Speaker, the rule before us today pro- ance of my time. lence, too. Abusers do not discriminate
vides for consideration of H.R. 6, a bill Mrs. FISCHBACH. Madam Speaker, I based on sexual orientation, and nei-
creating a pathway to citizenship for yield 3 minutes to the gentlewoman ther should this body.
millions of people who entered this Legislators who oppose equality are
from Missouri (Mrs. WAGNER).
country illegally, while it does nothing trying to turn this into a debate about
Mrs. WAGNER. Madam Speaker, I
to enforce our immigration laws or se- abortion to distract from the issue at
rise in stark opposition to H.J. Res. 17,
cure our borders. hand. I would like to clarify that the
which would retroactively and uncon-
You heard that right. This bill does ERA doesn’t include any requirement
stitutionally remove the deadline to
nothing to enforce our immigration to provide specific healthcare services,
ratify the equal rights amendment.
laws. It does nothing to secure our bor- including abortion. It is about equality
Ratification of the equal rights
ders. And it does so as a record number under the law.
amendment will expand taxpayer-fund- Madam Speaker, I reserve the bal-
of illegal immigrants pour across our ed abortions and imperil basic pro-life
Southern border. And yet, House ance of my time.
protections that States have enacted Mrs. FISCHBACH. Madam Speaker, I
Democrats are passing a bill that will based on the will of their people
further incentivize illegal immigration yield 1 minute to the gentleman from
through their State legislatures. New Jersey (Mr. SMITH).
and will worsen the Biden border crisis. I am a committed defender of rights
The numbers speak for themselves. Mr. SMITH of New Jersey. Madam
for women and girls, and I have led ef- Speaker, the most recent Marist poll
Over 100,000 migrants were encountered
forts in Congress to end sex trafficking, found that 7 in 10 Americans, including
at our Southern border just last
month. The CBP facility in Donna, address the rape kit backlog, and help nearly half who identify as pro-choice,
Texas, was at 729 percent capacity last women balance staying in the work- want significant restrictions on abor-
week. Let me repeat that. That facility force and caring for their children. tion. Yet, the ERA as written will be
was at 729 percent capacity. As a mother and as a proud grandma, used in an aggressive litigation strat-
And, alarmingly, CBP confirmed that I want my sweet granddaughter to feel egy to nullify those restrictions, in-
four people were arrested at the border, secure in the knowledge that she is en- cluding the Hyde amendment, waiting
three of whom were from Yemen, one titled to the same rights and opportu- periods, parental involvement, wom-
of whom was from Serbia, and those in- nities as men. en’s right-to-know laws, conscience
dividuals matched the names on the b 1715 rights, and the late-term abortion bans
FBI’s Terrorist Screening Database. like the Partial-Birth Abortion Ban
However, I cannot support this at-
So despite my liberal progressive col- Act.
tempt to circumvent the amendment NARAL Pro-Choice America has said:
leagues’ claims to the contrary, this
process and enshrine access to tax- ‘‘The ERA would reinforce the con-
surge is directly the result of the Biden
payer-funded abortion in the Constitu- stitutional right to abortion’’ and ‘‘re-
administration’s decision to halt the
border wall construction, to reimple- tion by a simple majority vote rather quire judges to strike down anti-abor-
ment Obama-era catch-and-release than with the required support of two- tion laws.’’
policies, and to cancel President thirds of Congress or the States. The National Organization for
Trump’s asylum agreements. Congress has twice given States time Women said: ‘‘An ERA—properly inter-
This Chamber should work to address to ratify the equal rights amendment, preted—could negate the hundreds of
the border crisis going on, Biden’s bor- but the deadline has long since passed. laws that have passed restricting ac-
der crisis. We should not pass legisla- While some States ratified the ERA cess to abortion.’’
tion that encourages and rewards ille- after the deadline, others—up to five— Abortion activists, Madam Speaker,
gal immigration and further have withdrawn their ratification. successfully litigated using State ERAs
incentivizes this crisis, yet that is I strongly agree and associate myself in both New Mexico and Connecticut to
what H.R. 6, in fact, does. This bill with the late Supreme Court Justice compel taxpayers to pay for abortion
places the interest of those who broke Ruth Bader Ginsburg’s words when she on demand.
our laws above the interests of those made the point: ‘‘If you count a late- Last year, Justice Ruth Bader Gins-
who followed them. comer on the plus side, how can you burg spoke on the legal impermis-
It has no enforcement provisions. It disregard States that said, ‘We have sibility of extending the deadline for
includes loopholes to give green cards changed our minds’?’’ ratification and said she ‘‘would like it
to gang members and criminals. It even If Democrats want to test the long- to start over.’’ I couldn’t agree more.
puts U.S. taxpayers on the hook for standing bipartisan agreement on lim- Madam Speaker, two leaders of the Na-
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grant programs to help illegal immi- iting taxpayer-funded abortions, they tional Organization for Women (NOW) wrote:
grants obtain green cards. should follow Justice Ginsburg’s guid- ‘‘During the 1972 ERA ratification campaign,
Again, H.R. 6 would do absolutely ance and start the process over, just as several prominent women’s leaders denied
nothing to address President Biden’s our Founders intended. that an ERA would apply to abortion . . .’’.
border security and humanitarian cri- I urge my colleagues to oppose this Ever since, pro-abortion leaders have large-
sis at the Southern border. legislation. ly ignored, trivialized, or denied the fact that
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March 16, 2021 CONGRESSIONAL RECORD — HOUSE H1399
activists plan to aggressively use the federal born baby girls and boys—deserve respect, Ensuring equal rights for women and seri-
ERA as currently written in a litigation strategy empathy, compassion, and protection from vi- ous protections against violence requires laws,
to overturn all pro-life laws and policies includ- olence. policies, and spending priorities to achieve
ing restrictions supported by huge majorities of Madam Speaker, last year, Supreme Court those noble and necessary goals—without
Americans. According to the most recent Justice Ruth Bader Ginsburg spoke on the putting unborn baby girls and boys at risk of
Marist poll (January 2021): legal impermissibility of extending the deadline death.
7 in 10 Americans including nearly half who for ratification and that she ‘‘would like it to Mrs. TORRES of California. Madam
identify as pro-choice want significant restric- start over’’. Speaker, I include in the RECORD a
tions on abortion, According to Vox, Justice Ginsburg said, March 16 USA Today opinion piece
58 percent of all Americans oppose using There’s too much controversy about late- from activists Dolores Huerta, Carol
tax dollars for abortion, comers, plus, a number of states have with- Jenkins, and Eleanor Smeal titled
55 percent want to ban abortion after 20 drawn their ratification. So, if you count a late- ‘‘There is no deadline on women’s
weeks, comer on the plus side, how can you dis- equality. Add the equal rights amend-
70 percent of Americans oppose abortion if regard states that said ’we’ve changed our ment to the Constitution.’’
the child will be born with Down Syndrome, minds?’ ’’ [From USA TODAY, March 16, 2021]
80 percent of Americans believe that laws Five states—Idaho, Kentucky, Nebraska, THERE’S NO DEADLINE ON WOMEN’S EQUALITY.
can protect both a pregnant woman and the Tennessee, and South Dakota—voted to ratify ADD THE EQUAL RIGHTS AMENDMENT TO THE
life of her unborn child. the ERA but later rescinded that ratification. CONSTITUTION.
I strongly believe in equal rights for women. (By Dolores Huerta, Carol Jenkins and
While I fundamentally disagree with abortion
I’ve introduced the ERA with the abortion-neu- Eleanor Smeal)
activists who refuse to recognize an unborn
tral language I mentioned a moment ago. For the second time in a century, a global
child’s inherent dignity, worth, and value, at Over the course of many years, I have con-
least both sides now agree that the ERA as pandemic has occurred at the height of a de-
sistently sponsored and promoted women’s termined movement to expand women’s
written will be used in court to promote abor- rights legislation to ensure equal pay for equal rights under the U.S. Constitution. The 1918
tion. work including most recently, the Paycheck flu pandemic nearly halted the drive for rati-
NARAL—Pro-Choice America said: ‘‘The Fairness Act. fication of the 19th Amendment on women’s
ERA would reinforce the constitutional right to In the struggle against wage discrimination, suffrage. But advocates rallied, lobbied
abortion . . . (and) require judges to strike I voted in favor of the Lilly Ledbetter Fair Pay President Woodrow Wilson for support and
down anti-abortion laws . . .’’. Act. urged Congress to pass a joint resolution
The National Right to Life Committee states To help ensure that women are not dis- adopting the amendment. That was followed
that ‘‘the proposed federal ERA would invali- by ratification by the states and final certifi-
advantaged in their careers because of time
cation in August 1920.
date the federal Hyde Amendment and a state taken to attend to their families, I was an early Today, the campaign for ratification of the
restrictions on tax-funded abortions.’’ and strong advocate of multiple legislative ini- Equal Rights Amendment is in the middle of
As director of reproductive-justice initiatives tiatives to provide family medical leave—in- another global pandemic with women losing
and National Women’s Law Center senior cluding the groundbreaking bill that became jobs at a much higher rate than men, espe-
counsel Kelli Garcia said, the ERA would help law, the Family and Medical Leave Act. cially affecting women of color. In these first
create a basis to challenge abortion restric- I voted to ensure that women’s rights are 100 days of the Biden-Harris administration
tions.’’ protected in higher education by strongly sup- and during Women’s History Month, there is
And NOW said: ‘‘An ERA—properly inter- porting Title IX. a real opportunity to make constitutional
I have supported legislation to amend pen- history again with lasting change for wom-
preted—could negate the hundreds of laws en’s rights and gender equality by adding the
that have passed restricting access to abortion sion and tax policies that negatively impact
ERA to the Constitution.
. . .’’. women, and I supported numerous bills to es- No rights denied ’on account of sex’
Those laws restricting abortion include the tablish certain rights for sexual assault sur- Congress approved the ERA in 1972. It says,
Hyde Amendment, waiting periods, parental vivors including the Survivors’ Bill of Rights very simply, that ‘‘equality of rights under
involvement, women’s right to know laws, con- which is now law. the law shall not be denied or abridged by
science rights including the Weldon Amend- Since the mid-1990s, I have led the effort to the United States or any state on account of
end the barbaric practice of human trafficking, sex.’’
ment and any late term abortion ban like the President Joe Biden and Congress now
Partial-Birth Abortion Ban Act of 2003. a human rights abuse that is an unimaginable
have the opportunity to rally as well. This
Should the ERA be ratified without clarifying exploitation of women and girls that thrives on
week, the House of Representatives will con-
abortion-neutral language—to wit: ‘‘Nothing in greed, disrespect, and secrecy. sider a joint resolution clearing the way for
Twenty years ago, the U.S. Congress ap- the ERA to be added to the Constitution. If
this Article shall be construed to grant or se-
proved and the President signed legislation the Senate also adopts the resolution, it
cure any right relating to abortion or the fund-
that I authored—the Trafficking Victims Protec- could become part of the Constitution this
ing thereof’’—it is absolutely clear that abor-
tion Act of 2000—a comprehensive whole-of- year.
tion activists will use the ERA as they have The ERA won ratification by the necessary
government initiative to combat sex and labor
successfully used state ERAs in both New three-fourths of the states when Virginia be-
trafficking in the United States and around the
Mexico and Connecticut—to force taxpayers to came the 38th state last year. Earlier, Ne-
world.
pay for abortion on demand. The Violence Against Women Act (See Divi- vada ratified in 2017 and Illinois in 2018. How-
By now, my colleagues know that: sion B) was reauthorized and significantly ex- ever, the ERA has yet to be formally en-
The Supreme Court of New Mexico ruled in shrined into the Constitution because of an
panded by my law. Last Congress, I cospon- arbitrary timeline in the amendment’s pre-
1998 that the state was required to fund abor- sored the Violence Against Women Extension
tion based solely on the state ERA and said amble—not the legislative text sent to the
Act of 2019. states for approval—which set 1979 for ratifi-
the law ‘‘undoubtedly singles out . . . a gen- In 2019, I authored another bill that was cation. Congress changed the timeline by ex-
der-linked condition that is unique to women’’ signed into law-my fifth major law on human tending it to 1982.
and, therefore, ‘‘violates the Equal Rights trafficking—The Frederick Douglass Trafficking Congress can again weigh in by removing
Amendment.’’ Victims Prevention and Protection Act. the timeline and recognizing the final three
In like manner, the Supreme Court of Con- After a young college student from my dis- states, because Article V of the Constitution
necticut invalidated its state ban on abortion trict, Samantha Josephson, was brutally mur- puts the amending process with the Congress
funding and wrote in 1986: ‘‘it is therefore and ratification with the states.
dered by the driver of what she thought was Button supporting the Equal Rights
clear, under the Connecticut ERA, that the her Uber ride, I introduced Sami’s Law which Amendment on April 2, 2013, in Little Rock,
regulation excepting . . . abortions from the passed the House—but never got a vote in Arkansas. Congressional action is needed to
Medicaid program discriminates against the Senate—to make the ride share industry support the attorneys general of Virginia,
women.’’ safer for all. In recent months, it has been Nevada and Illinois, who went to federal
Today in Pennsylvania, activists are suing to shocking to learn that thousands of women court asking the national archivist to in-
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eviscerate the abortion funding restriction in who use Lyft or Uber have been sexually as- clude the ERA in the Constitution.
that state claiming that the Hyde-type restric- But a U.S. district judge ruled this month
saulted and some have been murdered. I re- that the three states did not have standing
tion violates the Pennsylvania Equal Rights introduced Sami’s Law in February. to bring the case, and the 1982 deadline re-
Amendment. Yesterday, it was reported that another mains in effect.
I believe that all human beings—especially woman was sexually assaulted in Ft. Lauder- Now is the time for Congress to recognize
the weakest and most vulnerable including un- dale by an ‘‘off-duty’’ Uber driver. there can be no time limit on equality. The
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H1400 CONGRESSIONAL RECORD — HOUSE March 16, 2021
House and Senate should approve a joint res- amendment in the RECORD, along with communities. Instead, they will travel
olution ‘‘removing the deadline for the rati- extraneous material, immediately to every State. Without proper testing
fication of the equal rights amendment.’’ prior to the vote on the previous ques- and quarantine, they are likely to
The measure, introduced in the House in
tion. bring COVID–19 with them, and the
January, already has more than 200 co-spon-
sors. The SPEAKER pro tempore. Is there communities to which they are trans-
The vast majority of Americans across de- objection to the request of the gentle- ferred are unaware.
mographic and partisan lines agree that woman from Minnesota? As a physician and former director of
women should have equal rights with men in There was no objection. the Iowa Department of Public Health,
this country. In a 2020 Pew Research Center Mrs. FISCHBACH. Madam Speaker, I I know that the COVID–19 pandemic is
survey, more than 9 in 10 U.S. adults said it yield 5 minutes to the gentlewoman not yet over. We must ensure that any
is very important (79%) or somewhat impor- from Iowa (Mrs. MILLER-MEEKS) to individuals the Biden administration
tant (18%). Fully 78% of U.S. adults—includ- speak further on the amendment. insists on releasing into our commu-
ing majorities of women, men, Republicans Mrs. MILLER-MEEKS. Madam
and Democrats—favored adding the ERA to nities do not have COVID–19. This is
the Constitution.
Speaker, I thank my good friend, Con- also why I support reinstating the
‘All men would be tyrants if they could’ gresswoman FISCHBACH, for yielding me PAUSE Act, to prevent the introduc-
Abigail Adams is often quoted as saying, time. tion of new COVID–19 cases from Can-
‘‘Remember the Ladies.’’ In March of 1776, I urge my colleagues to defeat the ada and Mexico.
she wrote more than these three words to her previous question so we can take up Madam Speaker, I urge my col-
husband, John, just months before the Dec- my bill, H.R. 1897, the REACT Act. leagues to support this legislation to
laration of Independence was adopted and as My bill would require the Depart- require that we keep all of our commu-
he was engaged in drafting the U.S. Con- ment of Homeland Security to test all
stitution. She had some ideas about what nities and these migrants safe and to
migrants illegally crossing our border stop spreading COVID–19 by voting
should be included ‘‘in the new code of laws’
he was making: ‘‘I desire you would remem- who they plan to release into our com- ‘‘no’’ on the previous question.
ber the ladies and be more generous and fa- munities for COVID–19. Mrs. TORRES of California. Madam
vorable to them than your ancestors. . . . Yesterday, I traveled to El Paso, Speaker, President Biden inherited a
Remember, all men would be tyrants if they Texas, to meet with the men and dismantled and gutted immigration
could. If particular care and attention is not women of the United States Customs system. The prior administration’s
paid to the ladies, we are determined to and Border Protection. I saw firsthand strategy of cruelty, chaos, and confu-
formant a rebellion, and will not hold our- the crisis they are facing and believe it
selves bound by any laws in which we have sion was ineffective and set the stage
is our job as Congress to do everything for our current challenges.
no voice or representation.’’
That rebellion has been taking place
in our power to address it. I include in the RECORD a March 15
through the hundreds of peaceful ERA CBP is currently encountering more Columbus Dispatch article titled ‘‘Un-
marches and rallies that led up to the 2017 than 3,000 migrants on average per day, documented immigrants pay billions in
Women’s March, events that galvanized mil- which is rapidly approaching levels taxes each year—and have been for 25
lions of women and men nationwide to new seen at the height of the 2019 crisis. To years.’’
levels of political activism. The #MeToo put this in perspective, President [From the Columbus Dispatch, Mar. 15, 2021]
movement sparked public outrage over sex- Obama’s Secretary of Homeland Secu-
ual assault and misogyny in the workplace. UNDOCUMENTED IMMIGRANTS PAY BILLIONS IN
rity, Jeh Johnson, stated during his TAXES EACH YEAR—AND HAVE BEEN FOR 25
In 2020, women again far outnumbered men
as voters with a gender gap that has become
tenure that 1,000 apprehensions a day YEARS
decisive in presidential, Senate and House was considered a bad day. We are at (By Danae King)
elections. And women and men alike sup- more than three times that now, and
Every year, Arturo pays thousands of dol-
ported the Equal Rights Amendment by on top of it, we continue to face a glob- lars in taxes from the revenue produced by
electing a pro-ERA majority of members in al pandemic. his central Ohio-based painting company.
the House and Senate. In February, CBP encountered over But he will never receive Social Security
An estimated 1 million more women than 100,000 migrants on the southwest bor- benefits. Or Medicare. Or Medicaid.
men have lost their jobs during the COVID– der trying to illegally enter our coun- That’s because Arturo, whose last name is
19 lockdowns, and the pandemic shows that not being used for his safety, is an undocu-
try. This does not include those mi-
most essential workers are women, most of mented immigrant from Mexico—one of
them are Black and Latina, and most still grants who may have gotten away or
about 6 million who pay taxes annually, ac-
have the majority of caregiving responsibil- evaded detection, some of whom may
cording to the Congressional Budget Office.
ities. These along with other economic reali- be positive for COVID–19. Jorge Beltran is a Columbus tax preparer
ties make constitutional rights for women The Department of Homeland Secu- who is certified by the IRS to file taxes for
more urgent than ever before. rity announced today that we are on undocumented immigrants. He hopes to
The pandemic has sparked a reexamination track to encounter the highest number shatter misconceptions about immigrants
of the role of government and the need for of migrants along the southwest border not paying taxes and being drains on society.
social safety net and economic policies that A report from the office shows that 50% to
in the last 20 years. Seasonally, migra-
work for all. In short, the new reality of 2021 75% of undocumented immigrants pay bil-
demands that Congress approve the ERA res- tion gets worse in the spring months of
lions in taxes each year—and have been since
olution. It will mark a historic commitment April and May, so we are likely to see
the Internal Revenue Service created a pro-
to women’s rights by ensuring equality these numbers increase over the com- gram 25 years ago allowing people without a
under the law for current and future genera- ing months. Social Security number to file taxes.
tions. Yesterday, I heard directly from the When it comes to state and local taxes, un-
Mrs. TORRES of California. Madam Border Patrol agents that few, if any, documented immigrants pay more than $11
Speaker, COVID’s impact on women of the thousands of migrants we saw in billion a year, according to a 2017 report
shows the continued need for equality. CBP custody are being tested for from the Institute on Taxation and Eco-
We have the power to remove the ERA COVID–19. These migrants, and chil- nomic Policy, a nonpartisan nonprofit based
ratification deadline and make it a re- dren, in particular, are being held in fa- in Washington, D.C. In Ohio, they paid $83.2
million in state and local taxes in 2017, ac-
ality. cilities that are already at capacity, cording to the institute.
Madam Speaker, I reserve the bal- and often for longer than the 72-hour Jorge Beltran, left, reviews tax documents
ance of my time. limit permitted by law. According to with client Ana Narciso. Beltran is a Colum-
Mrs. FISCHBACH. Madam Speaker, I recent reports, as of March 8, 185 mi- bus tax preparer who is certified by the IRS
yield myself such time as I may con- grants released into Brownsville, to file taxes for undocumented immigrants.
sume. Texas, have tested positive for COVID– He hopes to shatter misconceptions about
If we defeat the previous question, I 19. immigrants not paying taxes and being
ctelli on DSK11ZRN23PROD with HOUSE
will offer an amendment to the rule to Border security and immigration is drains on society. Narciso has legal status to
be in the United States.
provide for consideration of Congress- not an issue that only affects border
‘‘When you hear people who are citizens—
woman MILLER-MEEKS’ H.R. 1897, the States. It affects every community who may be against immigration or immi-
REACT Act. across the country. If the Biden admin- grants, especially undocumented—say, ‘Oh,
Madam Speaker, I ask unanimous istration continues to release these mi- they’re here and sucking up all the govern-
consent to insert the text of my grants, they will not stay in our border ment resources and taking handouts and
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March 16, 2021 CONGRESSIONAL RECORD — HOUSE H1401
welfare.’ That’s not the case,’’ said Jessica Consider his clients Javier and Norma— Madam Speaker, I reserve the bal-
Rodriguez Bell, a Columbus immigration at- whose first names only are being used, as ance of my time.
torney who has undocumented clients. with other undocumented immigrants in this Mrs. FISCHBACH. Madam Speaker, I
‘‘These people are not eligible for those story, for their safety—who both worked in
yield 2 minutes to the gentleman from
benefits, and many times they’re paying into food service before the pandemic. In March
the system like we are. It’s frustrating to 2020, Javier got laid off but had no access to New York (Mr. KATKO).
hear that a lot.’’ unemployment or COVID–19 relief payments Mr. KATKO. Madam Speaker, I will
Still, many attorneys recommend their un- due to his status. Over the course of the rest note, in response to my colleagues
documented clients pay taxes, Rodriguez of the year, he worked six different jobs to across the aisle, that there is nothing
Bell said. support his family, which includes their wrong with enforcing the immigration
‘‘The reason for that is that, one, it’s in- three U.S.-born children. laws that are on the books. That is all
come they’ve been paying in and are likely The couple made $56,369 in 2020 and got a we are talking about doing at the bor-
entitled to a refund of some sort,’’ Rodriguez refund of $3,337, which made a big difference
Bell said. ‘‘Then, also because in the future,
der, and keeping the border secure.
in their lives, Beltran said, possibly paying
even if they don’t have a current immigra- for five months of their rent. If they had So-
Madam Speaker, yesterday, I visited
tion case pending or even if they’re not eligi- cial Security numbers, they could’ve gotten the southern border, and what I saw
ble for relief at this time . . . oftentimes you $6,900 in federal COVID relief payments in was unacceptable, full stop. I witnessed
want to demonstrate good moral character 2020 to help support their family, Beltran the dangerous and rapidly growing im-
and that you’ve been an upstanding citizen said. pacts of Biden’s border crisis.
while you’ve been here.’’ ‘‘They contribute to all of our commu- I spoke to Border Patrol agents on
Years of tax returns also establish that a nities,’’ he said. ‘‘They pay the school sys- the front line of the crisis and wit-
person has been living in the United States, tem from their taxes. They pay for the roads nessed firsthand what they are up
she said. from their taxes, and they spend money they
To some, though, the issue is not whether make in the grocery stores and movie thea-
against. Thousands of migrants are
or not undocumented immigrants pay taxes, ters and everywhere but nobody knows about showing up every week, hanging onto
said Mark Krikorian, executive director of it.’’ the words and promises of President
the Center for Immigration Studies, a Wash- Beltran shared the story of another two of Biden’s goal of relaxing border restric-
ington, D.C.-based conservative think tank. his clients, Cirilo and Patricia, who live in tions.
‘‘There’s this sort of implicit assumption Mount Vernon and have been in the country Our Border Patrol agents are
that if you pay your taxes everything else is for almost 20 years. Cirilo works two jobs as underresourced and overwhelmed. They
fine,’’ he said. ‘‘Paying your taxes doesn’t a cook, but only made $26,784 last year, pay-
wipe away everything else that you’ve
have been put in an untenable situa-
ing $3,706 in taxes. His earnings had to sup-
done.’’ port his six children—four of whom have De- tion, with little regard for their health
Krikorian said that the real question is ferred Action for Childhood Arrivals (DACA) or safety.
what is the balance of taxes undocumented status, allowing them to work and go to Department of Homeland Security
immigrants pay versus the services they con- school legally, and two of whom were born in Secretary Mayorkas recently an-
sume. the United States. nounced the Department would begin
‘‘There’s no real debate about less-skilled Nicole, who owns a painting business with allocating FEMA resources. FEMA is
workers,’’ he said. ‘‘Whether they’re legal or her undocumented immigrant husband, the agency that is in charge of over-
illegal, they use more in services than they Arturo, both pose for a portrait on Friday,
pay in taxes.’’ seeing the pandemic and delivering
March 12, 2021. Undocumented immigrants
A 2010 report from another Washington, pay taxes and own businesses that employ vaccines to our American citizens. He
D.C., think tank, the Brookings Institution, people and help the local economy. has taken resources away from Amer-
however, suggests that while U.S.-citizen Arturo and his wife, Nicole, a U.S. citizen ican citizens to deal with this crisis on
children of undocumented immigrants can be whose family is from Mexico and who owns the border. If FEMA is involved, it is,
costly when they’re young, those costs are their painting company with him, are by definition, a disaster.
paid out through a lifetime of taxes. Beltran’s clients as well. They employ 47 Last week, senior Department of
The mere act of filing taxes could be seen people and paid $118,250 in estimated taxes
as a risk for undocumented immigrants be-
Homeland Security officials told the
this year, according to Beltran.
cause it could result in the federal govern- ‘‘Talk about being productive members of
committee that Customs and Border
ment pursing legal action to return the im- society,’’ he said. ‘‘Forty-seven people can Protection doesn’t have the capacity to
migrants to their home country. But Rodri- feed their families, help pay the schools, test and quarantine migrants in their
guez-Bell said she hasn’t seen any such nega- whatever, with the employment they have custody, and that there was no plan-
tive consequences. and that’s generated by this company. ning being done to ensure migrants are
‘‘The IRS is a separate department, so it’s More than $11,000 from the family’s taxes not released by the Federal Govern-
not something where we’ve ever seen infor- went to the city of Columbus. ment at the border if they are COVID–
mation exchanged between the IRS and, say, The couple started their business after
ICE,’’ she said, referring to Immigration and Arturo got injured in his job as a butcher
19 positive. Thousands have been re-
Customs Enforcement. ‘‘This is not some- and was fired. He started working for a leased.
thing that’s going to get you in trouble, and friend as a painter, but had always dreamed I saw with my own eyes hundreds of
you’re not doing something illegal by doing of working for himself and owning a busi- people in this facility. Not a single one
that. It can only help your situation in the ness. So, with the help of a friend, they was tested. And only half of the Border
future if you are filing.’’ started their own business six years ago and Patrol agents have been inoculated. We
In 1996, the IRS created the Individual Tax- now support themselves and their four chil- don’t know how many have COVID–19,
payer Identification Number (ITIN) to allow dren. and quite frankly, I don’t think they
people working in the United States without ‘‘He comes from nothing in Mexico. His
Social Security numbers to pay taxes. It is a parents are farmers, and he has just a middle want to know.
9-digit number, the same length as a Social school, almost high school education,’’ Ni- In the midst of the ongoing pan-
Security number, issued only to those who cole said, of her husband. ‘‘It was really im- demic, it is the Department’s job to en-
are not eligible for Social Security numbers. portant for him not to be stuck. He came to sure it doesn’t release anyone who is
In order to help undocumented immigrants the United States to make something for COVID–19 positive. For this reason, I
get a tax ID number and file, the IRS cer- himself, to provide a better future for his support efforts to defeat the previous
tifies what are called acceptance agents. children.’’ question and bring up commonsense
There are 13 in Columbus, 79 in Ohio and Immigrants are here to make the country
more than 5,000 nationwide.
legislation to require that any indi-
better, Nicole said.
Jorge Beltran, the owner of Belmont Serv- ‘‘This is what makes America great,’’ she vidual released from CBP or ICE cus-
ices LLC, a tax preparation company on Co- said. ‘‘immigrants coming here and finding tody tests negative for COVID–19.
lumbus’ Northwest Side, has been a certified their way and helping the country prosper, The SPEAKER pro tempore. The
acceptance agent with the IRS since 2008. too.’’ time of the gentleman has expired.
The vast majority of Beltran’s clients are Mrs. TORRES of California. Madam Mrs. FISCHBACH. Madam Speaker, I
undocumented immigrants, and he’s pas- Speaker, during the last 4 years, mil- yield an additional 30 seconds to the
ctelli on DSK11ZRN23PROD with HOUSE
sionate about letting people know that they lions of immigrants faced uncertainty gentleman from New York (Mr.
pay taxes.
as the Trump administration pursued KATKO).
‘‘Imagine if more people knew this,’’
Beltran said. ‘‘These are not people asking cruel immigration policies. With pas- Mr. KATKO. Madam Speaker, Presi-
for a handout. They’re not asking for unem- sage of H.R. 6, we are beginning a new dent Biden’s knee-jerk reversal of pro-
ployment. They’re not asking for any bene- chapter in our Nation’s immigration ductive, effective border security poli-
fits. Even if they wanted to, they couldn’t.’’ policy. cies from the previous administration
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H1402 CONGRESSIONAL RECORD — HOUSE March 16, 2021
was a political calculation that has, derstand the situation, it is important to HHS has not had the capacity to intake the
quite frankly, backfired and created a identify who is arriving at our southwest number of unaccompanied children we have
humanitarian, security, and public border and how we are following the law to been encountering. I describe below the ac-
manage different types of border encounters. tions we have taken and the plans we are
health crisis.
SINGLE ADULTS executing to handle this difficult situation
We can’t allow our Nation’s progress successfully.
in overcoming the ongoing pandemic to The majority of those apprehended at the
southwest border are single adults who are WHY THE CHALLENGE IS ESPECIALLY DIFFICULT
be undermined by dangerous policies NOW
currently being expelled under the CDC’s au-
allowing individuals with COVID–19 to Poverty, high levels of violence, and cor-
thority to manage the public health crisis of
be released into our communities. the COVID–19 pandemic. Pursuant to that ruption in Mexico and the Northern Triangle
Madam Speaker, I urge my col- authority under Title 42 of the United States countries have propelled migration to our
leagues to vote to defeat the previous Code, single adults from Mexico and the southwest border for years. The adverse con-
question. Northern Triangle countries of El Salvador, ditions have continued to deteriorate. Two
Mrs. TORRES of California. Madam Guatemala, and Honduras are swiftly ex- damaging hurricanes that hit Honduras and
Speaker, I include in the RECORD a pelled to Mexico. Single adults from other swept through the region made the living
statement by Department of Homeland countries are expelled by plane to their conditions there even worse, causing more
Security Secretary Alejandro N. countries of origin if Mexico does not accept children and families to flee.
them. There are limited exceptions to our The COVID–19 pandemic has made the situ-
Mayorkas in which he states the many ation more complicated. There are restric-
use of the CDC’s expulsion authority. For ex-
issues associated with the southern ample, we do not expel individuals with cer- tions and protocols that need to be followed.
border and what we are doing to ad- tain acute vulnerabilities. The physical distancing protocol, for exam-
dress those issues. The expulsion of single adults does not ple, imposes space and other limitations on
For example, Border Patrol facilities pose an operational challenge for the Border our facilities and operations.
and border personnel that had not had Patrol because of the speed and minimal The prior administration completely dis-
complete access to a COVID–19 vaccine processing burden of their expulsion. mantled the asylum system. The system was
gutted, facilities were closed, and they cru-
now have complete access to the vac- FAMILIES
elly expelled young children into the hands
cine. It talks about the disruptions of Families apprehended at the southwest of traffickers. We have had to rebuild the en-
the previous administration and their border are also currently being expelled tire system, including the policies and proce-
lack of commitment to deal with ten- under the CDC’s Title 42 authority. Families dures required to administer the asylum
der-age children and many other issues from Mexico and the Northern Triangle laws that Congress passed long ago.
countries are expelled to Mexico unless Mex- The prior administration tore down the
that could help inform this conversa-
ico does not have the capacity to receive the lawful pathways that had been developed for
tion moving forward. families. Families from countries other than children to come to the United States in a
[From the U.S. Department of Homeland Mexico or the Northern Triangle are expelled safe, efficient, and orderly way. It tore down,
Security, Mar. 16, 2021] by plane to their countries of origin. Excep- for example, the Central American Minors
STATEMENT BY HOMELAND SECURITY SEC- tions can be made when a family member has program that avoided the need for children
RETARY ALEJANDRO N. MAYORKAS REGARD- an acute vulnerability. to take the dangerous journey to our south-
ING THE SITUATION AT THE SOUTHWEST BOR- Mexico’s limited capacity has strained our west border.
DER resources, including in the Rio Grande Val- The previous administration also cut for-
There is understandably a great deal of at- ley area of Texas. When Mexico’s capacity is eign aid funding to the Northern Triangle.
tention currently focused on the southwest reached, we process the families and place No longer did we resource efforts in El Sal-
border. I want to share the facts, the work them in immigration proceedings here in the vador, Guatemala, and Honduras to tackle
that we in the Department of Homeland Se- United States. We have partnered with the root causes of people fleeing their homes.
curity (DHS) and across the government are communitybased organizations to test the And, there were no plans to protect our
doing, and our plan of action. Our personnel family members and quarantine them as front-line personnel against the COVID–19
remain steadfast in devotion of their talent needed under COVID-19 protocols. In some pandemic. There was no appropriate plan-
and efforts in the service of our nation. locations, the processing of individuals who ning for the pandemic at all.
The situation at the southwest border is are part of a family unit has strained our As difficult as the border situation is now,
difficult. We are working around the clock to border resources. I explain below additional we are addressing it. We have acted and we
manage it and we will continue to do so. challenges we have encountered and the have made progress. We have no illusions
That is our job. We are making progress and steps we have taken to solve this problem. about how hard it is, and we know it will
we are executing on our plan. It will take UNACCOMPANIED CHILDREN take time. We will get it done. We will do so
time and we will not waver in our commit- We are encountering many unaccompanied adhering to the law and our fundamental
ment to succeed. children at our southwest border every day. values. We have an incredibly dedicated and
We will also not waver in our values and A child who is under the age of 18 and not ac- talented workforce.
our principles as a Nation. Our goal is a safe, companied by their parent or legal guardian ACTIONS WE HAVE TAKEN
legal, and orderly immigration system that is considered under the law to be an unac- In less than two months, Customs and Bor-
is based on our bedrock priorities: to keep companied child. We are encountering six- der Protection stood-up an additional facil-
our borders secure, address the plight of chil- and sevenyear-old children, for example, ar- ity in Donna, Texas to process unaccom-
dren as the law requires, and enable families riving at our border without an adult. They panied children and families. We deployed
to be together. As noted by the President in are vulnerable children and we have ended additional personnel to provide oversight,
his Executive Order, ‘‘securing our borders the prior administration’s practice of expel- care, and transportation assistance for unac-
does not require us to ignore the humanity ling them. companied minors pending transfer to HHS
of those who seek to cross them.’’ We are An unaccompanied child is brought to a custody.
both a nation of laws and a nation of immi- Border Patrol facility and processed for We are standing up additional facilities in
grants. That is one of our proudest tradi- transfer to the Department of Health and Texas and Arizona to shelter unaccompanied
tions. Human Services (HHS). Customs and Border children and families. We are working with
THE FACTS Protection is a passthrough and is required Mexico to increase its capacity to receive ex-
We are on pace to encounter more individ- to transfer the child to HHS within 72 hours pelled families. We partnered with commu-
uals on the southwest border than we have in of apprehension. HHS holds the child for nity-based organizations to test and quar-
the last 20 years. We are expelling most sin- testing and quarantine, and shelters the antine families that Mexico has not had the
gle adults and families. We are not expelling child until the child is placed with a sponsor capacity to receive. We have developed a
unaccompanied children. We are securing here in the United States. In more than 80 framework for partnering with local mayors
our border, executing the Centers for Disease percent of cases, the child has a family mem- and public health officials to pay for 100% of
Control and Prevention’s (CDC) public health ber in the United States. In more than 40 the expense for testing, isolation, and quar-
authority to safeguard the American public percent of cases, that family member is a antine for migrants. ICE has also developed
and the migrants themselves, and protecting parent or legal guardian. These are children additional facilities to provide testing, local
the children. We have more work to do. being reunited with their families who will transportation, immigration document as-
This is not new. We have experienced mi- care for them. sistance, orientation, travel coordination in
ctelli on DSK11ZRN23PROD with HOUSE
gration surges before—in 2019, 2014, and be- The children then go through immigration the interior, and mechanisms to support
fore then as well. Since April 2020, the num- proceedings where they are able to present a oversight of the migrant families who are
ber of encounters at the southwest border claim for relief under the law. not expelled.
has been steadily increasing. Border Patrol The Border Patrol facilities have become Working with Mexico and international or-
Agents are working around the clock to crowded with children and the 72–hour time- ganizations, we built a system in which mi-
process the flow at the border and I have frame for the transfer of children from the grants who were forced to remain in Mexico
great respect for their tireless efforts. To un- Border Patrol to HHS is not always met. and denied a chance to seek protection under
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March 16, 2021 CONGRESSIONAL RECORD — HOUSE H1403
the previous administration can now use a shortly and taking other measures to imple- health pandemic we are living in. This
virtual platform—using their phones—to reg- ment the long needed systemic reforms. We is a crisis. We have suicide rates that
ister. They do not need to take the dan- will shorten from years to months the time we have never seen before amongst stu-
gerous journey to the border. The individuals it takes to adjudicate an asylum claim while
ensuring procedural safeguards and enhanc-
dents. Our businesses are shut down.
are tested, processed, and transported to a
port of entry safely and out of the hands of ing access to counsel. We must do something to protect the
traffickers. We succeeded in processing the President Biden laid out a vision of a American people first.
individuals who were in the Matamoros camp ‘‘multi-pronged approach toward managing We also must protect the migrants.
in Mexico. This is the roadmap going forward migration throughout North and Central But allowing our borders to be porous
for a system that is safe, orderly, and fair. America that reflects the Nation’s highest without the COVID testing is, again, a
To protect our own workforce, we launched values.’’ To that end, we are working with mistake, not only for the Nation, but
Operation Vaccinate Our Workforce (VOW) the Departments of Health and Human Serv-
ices, Justice, and State in an all-of-govern- for the migrants trying to come here.
in late January. At the beginning of this ad-
ment effort to not only address the current It is dangerous for both Americans and
ministration, less than 2 percent of our
frontline personnel were vaccinated. Now situation at our southwest border, but to in- migrants.
more than 25 percent of our frontline per- stitute longer-term solutions to irregular We deserve better than that in Amer-
sonnel have been vaccinated. migration from countries in our hemisphere ica. Our Americans deserve better than
We directed the Federal Emergency Man- that are suffering worsening conditions. This that. And we must support Dr. MILLER-
agement Agency (FEMA) to assist HHS in is powerfully exemplified by the President’s MEEKS’ bill and insist that there is
developing the capacity to meet the surge of goal to invest $4 billion in the Northern Tri-
angle countries to address the root causes of
COVID testing before migrants are re-
unaccompanied children. FEMA already es- leased into America.
tablished one new facility for HHS to shelter migration.
CONCLUSION
Mrs. TORRES of California. Madam
700 children. They have identified and are
currently adding additional facilities. We are The situation we are currently facing at Speaker, I yield myself such time as I
working with HHS to more efficiently iden- the southwest border is a difficult one. We may consume.
tify and screen sponsors for children. In two are tackling it. We are keeping our borders Madam Speaker, as difficult as the
days, we recruited more than 560 DHS volun- secure, enforcing our laws, and staying true situation is at our southern border, we
teers to support HHS in our collective efforts to our values and principles. We can do so be- are addressing it.
to address the needs of the unaccompanied cause of the incredible talent and unwaver- The Biden administration has acted,
children. ing dedication of our workforce. and they have made progress. They
We are restarting and expanding the Cen- I came to this country as an infant,
brought by parents who understood the hope
have no illusions about how hard it is,
tral American Minors program. It creates a
lawful pathway for children to come to the and promise of America. Today, young chil- because they inherited a dismantled
United States without having to take the dren are arriving at our border with that program. And to protect our own work-
dangerous journey. Under this expansion, same hope. We can do this. force, they have launched Operation
children will be processed in their home Mrs. TORRES of California. Madam Vaccinate our Workers, VOW, in late
countries and brought to the United States Speaker, I reserve the balance of my January.
in a safe and orderly way. time. At the beginning of the Biden admin-
In addition, DHS and HHS terminated a istration, less than 2 percent of our
2018 agreement that had a chilling effect on b 1730
frontline personnel were vaccinated.
potential sponsors—typically a parent or Mrs. FISCHBACH. Madam Speaker, I To date, more than 25 percent of our
close relative—from coming forward to care yield 2 minutes to the gentlewoman
for an unaccompanied child placed in an HHS frontline personnel have been vac-
from New Mexico (Ms. HERRELL).
shelter. In its place, DHS and HHS signed a cinated. That is leadership. That is not
Ms. HERRELL. Madam Speaker, I
new Memorandum of Agreement that pro- avoidance of the problem that we face.
rise because I am concerned about the
motes the safe and timely transfer of chil- Madam Speaker, I reserve the bal-
dren. It keeps safeguards designed to ensure
release of aliens into my community
ance of my time.
children are unified with properly vetted without COVID–19 testing.
Dr. MILLER-MEEKS’ changes to this Mrs. FISCHBACH. Madam Speaker, I
sponsors who can safely care for them while am prepared to close, and I yield my-
they await immigration proceedings. legislation are vital to protecting
Americans from the spread of COVID– self such time as I may consume.
THE PATH FORWARD Madam Speaker, in closing, there is a
We are creating joint processing centers so
19.
As our Nation continues to deal with crisis at our border. Whether the
that children can be placed in HHS care im- Democrats acknowledge it or not, our
mediately after Border Patrol encounters the COVID–19 pandemic, our State is
still largely locked down, our schools border patrol agents are overwhelmed,
them. We are also identifying and equipping
additional facilities for HHS to shelter unac- are shuttered, and many of our busi- detention facilities are way over capac-
companied children until they are placed nesses have been closed due to orders ity, and COVID–19 is spreading un-
with family or sponsors. These are short- from State and local officials. checked throughout. This puts the
term solutions to address the surge of unac- In many areas along the border, the health of both individuals detained and
companied children. CBP has restarted catch and release in the border agents at risk.
Longer term, we are working with Mexico the midst of this unprecedented pan- We currently require a negative
and international organizations to expand COVID test to travel in the U.S. So
our new virtual platform so that unaccom-
demic. This is completely illogical, es-
pecially while American citizens con- why should the southern border be any
panied children can access it without having
to take the dangerous journey to our border. tinue to live under such restrictions. In different?
As mentioned, we are expanding the Central fact, again, I can point to a double The border crisis is a direct result of
American Minors program to permit more standard. the administration’s lax immigration
children to be processed in their home coun- Madam Speaker, it is very unfair to policy, and it is putting our commu-
tries and if eligible, brought to the United think that we want to do something to nities at further risk of contracting
States in a safe and orderly way. protect these young families, these un- COVID–19.
We are developing additional legal and safe accompanied children, when we know Madam Speaker, I urge a ‘‘no’’ vote
pathways for children and others to reach on the previous question, and a ‘‘no’’
for a fact that they are coming across
the United States. While we are building a
formal refugee program throughout the re- the border at the age 1, 3, and 5 alone, vote on the underlying measure.
gion, we are working with Mexico, the without any supervision. We know for Madam Speaker, I yield back the bal-
Northern Triangle countries, and inter- a fact that they are being raped and ance of my time.
national organizations to establish proc- pillaged along the way. And if we feel Mrs. TORRES of California. Madam
essing centers in those countries so that in- that is somehow a benefit to the chil- Speaker, I yield myself such time as I
dividuals can be screened through them and dren, let alone being exposed in coming may consume.
brought to the United States if they qualify into this Nation with COVID, then we Last week, we passed a historic
ctelli on DSK11ZRN23PROD with HOUSE
for relief under our humanitarian laws and American Rescue Plan, which set out a
are fooling not only ourselves, but,
other authorities.
again, the American people. We aren’t vision of who we are as a nation. We
For years, the asylum system has been
badly in need of reengineering. In addition to just putting the immigrants in harm’s are a country that can conquer this
improving the process by which unaccom- way, but also the American people. virus, a country that cares about elimi-
panied children are placed with family or Madam Speaker, we should be more nating childhood poverty, and a coun-
sponsors, we will be issuing a new regulation mindful of what is happening. This is a try that is dedicated to ensuring that
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H1404 CONGRESSIONAL RECORD — HOUSE March 16, 2021
everyone—everyone, not just the rich— RECESS Blunt Rochester Higgins (NY) Pappas
Bonamici Himes Pascrell
are able to emerge from the pandemic The SPEAKER pro tempore. Pursu- Bourdeaux Horsford Payne
and do better. ant to clause 12(a) of rule I, the Chair Bowman Houlahan Perlmutter
The bills before us today are a con- declares the House in recess subject to Boyle, Brendan Hoyer Peters
F. Huffman Phillips
tinuation of this vision of a country the call of the Chair. Brownley Jackson Lee Pingree
committed to doing better for the peo- Accordingly (at 5 o’clock and 37 min- Bush Jacobs (CA) Pocan
ple. Too many people in America live utes p.m.), the House stood in recess. Bustos Jayapal Porter
in fear, fear because they are not pro- Butterfield Jeffries Pressley
tected under the law, but these bills be- f Carbajal Johnson (GA) Price (NC)
Cárdenas Johnson (TX) Quigley
fore us today say: ‘‘No more.’’ b 1830 Carson Jones
Raskin
The Violence Against Women Reau- Cartwright Kahele
Rice (NY)
Case Kaptur
thorization Act says to domestic abuse AFTER RECESS Casten Keating
Ross
survivors: ‘‘You are safe. You are going Castor (FL) Kelly (IL) Roybal-Allard
The recess having expired, the House Ruiz
to be safe.’’ was called to order by the Speaker pro Castro (TX) Khanna
Ruppersberger
Chu Kildee
H.J. Res. 17, which removes the dead- tempore (Mr. PANETTA) at 6 o’clock and Cicilline Kilmer Rush
line for the ratification of the equal 30 minutes p.m. Clark (MA) Kim (NJ) Ryan
rights amendment says to women: Clarke (NY) Kind Sánchez
‘‘You are equal.’’ ‘‘We are equal.’’ f Cleaver Kirkpatrick Sarbanes
Clyburn Krishnamoorthi Scanlon
The Dream and Promise Act says to PROVIDING FOR CONSIDERATION Cohen Kuster Schakowsky
Dreamers: ‘‘You, too, can have a shot OF H.R. 1620, VIOLENCE AGAINST Connolly Lamb Schiff
at the American Dream.’’ Cooper Langevin Schneider
WOMEN REAUTHORIZATION ACT Correa Larsen (WA) Schrader
And the Farm Workforce Moderniza- OF 2021; PROVIDING FOR CONSID- Costa Larson (CT) Schrier
tion Act tells our farm workers: ‘‘You ERATION OF H.R. 6, AMERICAN Courtney Lawrence Scott (VA)
can do your job without fear of depor- DREAM AND PROMISE ACT OF Craig Lawson (FL) Scott, David
tation.’’ Crist Lee (NV) Sewell
2021; PROVIDING FOR CONSIDER- Crow Leger Fernandez Sherman
H.R. 1868 tells Americans: ‘‘Don’t ATION OF H.R. 1603, FARM WORK- Cuellar Levin (CA) Sherrill
worry about draconian cuts. Let’s FORCE MODERNIZATION ACT OF Davids (KS) Levin (MI) Sires
focus on recovery.’’ Davis, Danny K. Lieu Slotkin
2021; PROVIDING FOR CONSIDER- Dean Lofgren Smith (WA)
Madam Speaker, the bills before us ATION OF H.R. 1868, PREVENTING DeFazio Lowenthal Soto
today will continue the Democratic PAYGO SEQUESTRATION; PRO- DeGette Luria Spanberger
Congress’ work to do better by all the DeLauro Lynch Stanton
VIDING FOR CONSIDERATION OF DelBene Malinowski
American people. Stevens
H.J. RES. 17, REMOVING THE Delgado Maloney, Strickland
Madam Speaker, I urge a ‘‘yes’’ vote DEADLINE FOR THE RATIFICA- Demings Carolyn B. Suozzi
on the rule and the previous question. TION OF THE EQUAL RIGHTS DeSaulnier Maloney, Sean Swalwell
Deutch Manning
The material previously referred to AMENDMENT; AND FOR OTHER Dingell Matsui
Takano
by Mrs. FISCHBACH is as follows: Thompson (CA)
PURPOSES Doggett McBath
Thompson (MS)
AMENDMENT TO HOUSE RESOLUTION 233 Doyle, Michael McCollum
The SPEAKER pro tempore. Pursu- F. McEachin
Titus
At the end of the resolution, add the fol- Tlaib
ant to clause 8 of rule XX, the unfin- Escobar McGovern
lowing: Tonko
ished business is the vote on ordering Eshoo McNerney
Torres (CA)
SEC. 11. Immediately upon adoption of this Espaillat Meeks
the previous question on the resolution Evans Meng Torres (NY)
resolution, the House shall proceed to the
(H. Res. 233) providing for consider- Fletcher Mfume Trahan
consideration in the House of the bill (H.R. Trone
1897) to require a diagnostic test for COVID– ation of the bill (H.R. 1620) to reauthor- Foster Moore (WI)
Frankel, Lois Morelle Underwood
19 for an inadmissible alien released from the ize the Violence Against Women Act of Vargas
Gallego Moulton
custody of the United States Customs and 1994, and for other purposes; providing Garamendi Mrvan Veasey
Border Protection or the United States Im- for consideration of the bill (H.R. 6) to Garcı́a (IL) Nadler Velázquez
migration and Customs Enforcement, and for Garcia (TX) Napolitano Wasserman
authorize the cancellation of removal Schultz
other purposes. All points of order against Gomez Neal
and adjustment of status of certain Gonzalez, Neguse Waters
consideration of the bill are waived. The bill aliens, and for other purposes; pro- Watson Coleman
Vicente Newman
shall be considered as read. All points of Welch
viding for consideration of the bill Gottheimer Norcross
order against provisions in the bill are Green, Al (TX) O’Halleran Wexton
waived. The previous question shall be con- (H.R. 1603) to amend the Immigration Wild
Grijalva Ocasio-Cortez
sidered as ordered on the bill and on any and Nationality Act to provide for Harder (CA) Omar Williams (GA)
amendment thereto to final passage without terms and conditions for nonimmigrant Hastings Pallone Wilson (FL)
intervening motion except: (1) one hour of workers performing agricultural labor Hayes Panetta Yarmuth
debate equally divided and controlled by the or services, and for other purposes; pro-
chair and ranking minority member of the NAYS—200
viding for consideration of the bill
Committee on the Judiciary; and (2) one mo- (H.R. 1868) to prevent across-the-board Aderholt Carter (TX) Foxx
tion to recommit. Allen Cawthorn Franklin, C.
direct spending cuts, and for other pur- Amodei Chabot Scott
SEC. 12. Clause 1(c) of rule XIX shall not
apply to the consideration of H.R. 1897.
poses; providing for consideration of Arrington Cheney Fulcher
the joint resolution (H.J. Res. 17) re- Babin Cline Gallagher
Mrs. TORRES of California. Madam Bacon Cloud Garbarino
Speaker, I yield back the balance of moving the deadline for the ratifica- Baird Clyde Garcia (CA)
my time, and I move the previous ques- tion of the equal rights amendment; Banks Cole Gibbs
tion on the resolution. and for other purposes, on which the Barr Comer Gimenez
yeas and nays were ordered. Bentz Crawford Gohmert
The SPEAKER pro tempore. The Bergman Crenshaw Gonzales, Tony
The Clerk read the title of the resolu- Bice (OK) Curtis Gonzalez (OH)
question is on ordering the previous
tion. Biggs Davidson Good (VA)
question. Bilirakis DesJarlais Gooden (TX)
The SPEAKER pro tempore. The
The question was taken; and the Bishop (NC) Diaz-Balart Gosar
question is on ordering the previous Boebert Donalds Granger
Speaker pro tempore announced that
question on the resolution. Bost Duncan Graves (LA)
the ayes appeared to have it.
The vote was taken by electronic de- Brooks Dunn Green (TN)
Mrs. FISCHBACH. Madam Speaker, vice, and there were—yeas 212, nays Buchanan Emmer Greene (GA)
on that I demand the yeas and nays. 200, not voting 17, as follows:
Buck Estes Griffith
ctelli on DSK11ZRN23PROD with HOUSE
Bucshon Fallon Grothman
The SPEAKER pro tempore. Pursu- Budd Feenstra Guest
[Roll No. 78]
ant to section 3(s) of House Resolution Burchett Ferguson Guthrie
YEAS—212
8, the yeas and nays are ordered. Burgess Fischbach Hagedorn
Pursuant to clause 8 of rule XX, fur- Adams Axne Bera Calvert Fitzgerald Harris
Aguilar Barragán Beyer Cammack Fitzpatrick Harshbarger
ther proceedings on this question are Allred Bass Bishop (GA) Carl Fleischmann Hartzler
postponed. Auchincloss Beatty Blumenauer Carter (GA) Fortenberry Hern
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