Congressional Record — Senate, May 18, 2021
Summary
Congressional Record, Senate, pages S2561 and S2562, May 18, 2021. The page opens with remarks criticizing the $1.9 trillion COVID–19 relief bill, including 350 billion additional dollars sent to State and local governments, and noting that California reported a $75 billion budget surplus. Durbin speaks on tax policy, and the remarks say 55 of the largest companies in America paid zero dollars in Federal taxes last year despite making more than $40 billion in profits. Schumer calls up amendment 1502, a substitute amendment, and says the Senate will then move to the motion to discharge Kristen Clarke.
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“Congressional Record — Senate, May 18, 2021.”
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2561
the so-called COVID–19 relief bill. hikes won’t be reflected in lower earn- estimated that more than 80 percent of
States are awash with cash that they, ings for CEOs. The brunt will be borne the benefits from this Trump tax plan
frankly, don’t know how to spend. The by consumers, who will pay higher will go exclusively to the top 1 percent
massive $1.9 trillion bill became law prices, and by workers, who will earn of American earners—the top 1 percent.
without the support of a single Repub- lower wages, and let’s not forget those It is nothing more than welfare for the
lican because it was so extravagant and whose jobs have disappeared entirely. wealthiest.
poorly targeted. Case in point: the blue We are already seeing some price hikes Perhaps the most egregious aspect of
State bailout. This legislation sent 350 on some of our most used consumer the Trump tax plan is the billions of
billion additional dollars to State and products, covering everything from ce- taxpayer dollars it will give to the
local governments, many of which were real, to diapers, to lumber, and to cars. world’s wealthiest individuals and cor-
not facing any budgetary shortfalls. This is not the time to increase taxes porations over the next decade. We are
We have started to see a flurry of and drive inflation across our economy, already feeling the devastating impact
news stories in the past few weeks that which is, actually, a tax increase on this corporate giveaway has had on
have demonstrated exactly why we low- and middle-income people. We America’s economy.
were opposed to this reckless spending. need to find responsible ways to fund Listen to this now, if you just turned
For example, California has reported a an investment in our infrastructure in your taxes. Last year, 55 of the larg-
$75 billion budget surplus—a massive without hurting our economy and the est companies in America paid zero—
amount of money. Governor Newsom people we represent. Right now, it ap- zero dollars in Federal taxes despite
says this will be used to pay down past pears that bipartisan progress is being making more than $40 billion in prof-
State debts, send direct checks to Cali- made toward that just-right-sized pol- its. Forty billion dollars in profits; zero
fornians, and add to its rainy day fund. icy and for it to be paid for in a respon- taxes. It is a glaring example of the im-
In addition to California, you have New sible way or, at least, that is my opti- balance in our tax system.
York, Colorado, Michigan, Minnesota. mistic hope. I don’t think there is any rational ex-
Each of these States is expected to So I want to thank Senator CAPITO planation for having schoolteachers
have more than a $1 billion surplus— for her leadership on this effort and all and janitors pay more in taxes than
again, because of the massive shuffling those who have been working with our the largest corporations, but it seems
of cash out of Washington, DC, into the Democratic colleagues and the admin- the folks on the other side of the aisle
States that was not targeted to istration and encourage them to con- disagree.
COVID–19 relief. tinue to work with folks on our side of When Senator MCCONNELL met with
This is exactly why we advocated the aisle so we can get this done on a President Biden last week, he said that
against this tidal wave of funding for timely basis. raising taxes on corporations—the
States that were not even operating in I yield the floor. same corporations that paid zero last
the red. Taxpayer dollars shouldn’t be year in taxes—is a ‘‘red line’’ when it
f
spent to erase the debts of mismanaged comes to funding the President’s infra-
States or to add to their rainy day RECESS structure package. That means Sen-
funds. They have the ability to raise The PRESIDING OFFICER. Under ator MCCONNELL, the Republican leader
revenue themselves, so it shouldn’t be the previous order, the Senate stands in the Senate, would rather cut taxes
the responsibility of the Federal tax- in recess until 2:15 p.m. for the ultrawealthy than repair Amer-
payers to bail them out or to provide Thereupon, the Senate, at 12:30 p.m., ica’s crumbling roads and bridges.
them with this huge cash cushion with recessed until 2:15 p.m. and reassem- Did you see that picture in the news?
their looking to try to find responsible bled when called to order by the Pre- Of the bridge? I think it was in Ten-
ways to spend it. siding Officer. (Ms. SINEMA). nessee, on one of the interstates. It
Tens of billions of unused dollars cracked so badly, they had to close it,
from this legislation should be f close an interstate bridge. We remem-
repurposed to help cover the costs of ENDLESS FRONTIER ACT—MOTION ber just a few years ago in Minnesota,
these investments without driving our TO PROCEED—Continued an interstate highway collapsed, tak-
national debt even higher. It is com- ing American lives. It can happen and
mon sense, and I actually believe that The PRESIDING OFFICER. The will continue to happen unless we do
there is a way to incentivize the States Democratic whip. our part. That is not just bad policy; it
to use that additional cash for infra- TAXES is dangerous.
structure purposes, whether it is Mr. DURBIN. Madam President, yes- I guess this is the picture that I
through modifications and cost sharing terday marked the deadline for filing brought to show what was happening
between State and local governments. personal income taxes in America. I with this bridge in Tennessee. You can
Many of those States are struggling to am sure many people spent the past see the crack in the steel girders there
find a way, within the guidelines and weekend surrounded by 1099 forms and and the reason they closed the bridge.
guardrails that we have provided for shoe boxes full of receipts, hoping to God forbid some other bridge is in that
COVID–19 relief, to spend it anyway, so claim a well-deserved tax refund after same shape and we haven’t discovered
why not spend it for infrastructure? a year of financial stress due to the it or we won’t discover it soon enough.
Maybe there is a win-win there. pandemic. We need to put some money in our
There are a number of ideas now on That is another reason why the infrastructure. We count on it every
the table about how to pay for this in- American Rescue Plan that Congress day. People rely on the safety of these
frastructure bill, but I hope we can all passed earlier this year was such a bridges and other facilities, and it is
agree that the massive tax hike that major accomplishment. It included, our job to make sure they are kept up.
President Biden is proposing is not the that plan, included the largest, single- That is not just bad policy, saying no
answer. This would constitute the larg- year tax cut for middle- and low-in- tax increases for corporations if it
est set of tax hikes in more than half a come earners in the history of the Na- means paying for infrastructure that
century, and these increases would do tion. Let me repeat that. This year’s way; it is dangerous.
serious damage to our economy just as American Rescue Plan included the Take a look at what happens when
we are coming out of a pandemic-in- largest, single-year tax cut for middle- we fail to adequately invest in our in-
duced recession. and low-income earners in America’s frastructure. That photo tells it all. A
At a time when our economy is al- history. ‘‘structural crack’’ they called it. That
ready on fragile footing, the tax burden But for a privileged few, those tax was found in a bridge in Memphis, TN,
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on Americans would be greater than cuts are pennies compared to the de- last week. Tens of thousands of vehi-
that of our biggest trading partners ductions they enjoy every year because cles drive over that bridge every day. It
and competitors, and this would have of Republican tax proposals, proposals connects commuters and commercial
far-reaching consequences for our com- like the Trump tax plan that Repub- traffic between Arkansas and Ten-
petitiveness and our economy as a licans signed into law in 2017, just 4 nessee. If not for a scrupulous engineer
whole. After all, we know these tax years ago. Over the next few years, it is who caught the crack, local authorities
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S2562 CONGRESSIONAL RECORD — SENATE May 18, 2021
said it would have led to a ‘‘cata- If we want to rebuild America, we S. 1260
strophic’’ result. Luckily, the catas- need to invest in America. To do that, Mr. President, this week, the Senate
trophe was averted. we need the wealthiest Americans and will consider the Endless Frontier Act,
But now the people of Memphis and massive corporations to step up and a bipartisan measure introduced by
across America have a different prob- pay their fair share. Senator SCHUMER, a Democrat, and
lem. Repairs take time. That means If you think you paid your fair share Senator YOUNG, a Republican. It is pri-
the economic damage caused by the or more yesterday, how about the cor- marily focused on investing in Amer-
bridge’s closure is going to last for porations that paid zero on $40 billion ica’s leadership in scientific and tech-
months. And it means that shipping of profit? nological innovation and making sure
and transportation networks will have President Biden understands this. those investments create jobs—good-
to reroute for the foreseeable future. That is why he has proposed the Amer- paying jobs—in manufacturing and
So it has a national impact on the ican Jobs Plan. It is going to grow our emerging industries. I am sure there
economy, one bridge. economy by putting millions of people are some worthwhile amendments that
Is this what we have come to in to work rebuilding roads and bridges, should be voted on, but I think it is an
terms of infrastructure in America? like the Hernando de Soto Bridge. And excellent example of the legislative
Are we supposed to accept bridges it would make our crucial infrastruc- process at work.
hanging by a thread? ture more resilient to 21st-century With the Endless Frontier Act, Re-
This closure happened the same week threats like ransomware and cyber publicans and Democrats are coming
that cyber criminals shut down one of criminals. together to recognize that we need to
the largest petroleum pipelines in the President Biden also has a plan to invest in our capacity to compete with
United States. Did you see the news- pay for these investments, unlike the China and the rest of the world. This is
cast? Did you see the lines of people Trump tax plan. To start, the Presi- one of our highest priorities.
and their panicked buying? They didn’t dent’s plan would raise hundreds of bil- While this bill is a promising starting
know if there would be enough gas to lions of dollars by holding tax cheats point, remember, it is just a starting
get to work, to get the kids to school, accountable and rolls back the tax point. I hope it is the beginning of a
or in emergencies, so they went and breaks that encourage corporations to new bipartisan agenda for the future.
filled their tanks, and we had a real ship jobs overseas. We can’t afford to stand still. While we
mess on our hands. We saw the chaos This is something that boils my might not agree on every solution, I
that was created by that ransomware blood. Here is a corporation—and many am sure we share the same goal—put
attack: cars lining up in every direc- of them have been located in my America on track to win in the 21st
tion; people actually filling—and this State—doing well, making a handsome century.
is dangerous—plastic bags with gaso- profit, and expanding their business. I have listened carefully to many of
line. They sit down with their counsel, law- my Republican colleagues who say
While it may have been a bridge in yers, and come up with a brandnew President Biden is too ambitious,
Memphis or a pipeline on the east coast idea: Well, let’s just move our head- wants to invest too much money, and
last week, what is next? quarters out of the United States, out
According to the American Society has too many big ideas. These Repub-
of the State of Illinois, and put it in
of Civil Engineers, 43 percent of our licans have a solid second-place strat-
some foreign country. Think of how
public roadways are in poor or medi- egy for America. I don’t want to be
much we will save by not paying our
ocre condition. Maybe that just means part of that.
fair share of taxes in the United States. This country can prosper and lead
potholes and banging up your car or We get all the benefits in this country.
slowing down the traffic, but it could with the right inspiration. President
We use its infrastructure. We locate
be worse. Biden is bringing that to the table.
here. We actually live here. But we
All of these signs point to the same That is what the American Jobs Plan
take a post office box in some faraway
conclusion: We are living on borrowed is all about, President Biden is calling
place and skip paying taxes to Amer-
funds from a previous generation. We on everybody—everybody—to play a
ica.
are using the infrastructure that they What a grand idea that is for some. part in building that future.
paid for because we don’t want to cre- For me, it is just deception and fraud. Let’s invest in America and create
ate our own infrastructure. The only people who would see their millions of good-paying jobs in the
Cutting corners is simply not an op- taxes increase under President Biden’s process.
tion. That is exactly where we are proposals are those making over I yield the floor.
going to end up if Senator MCCON- $400,000 a year. Now, if you are making I suggest the absence of a quorum.
NELL’s redline becomes the standard over that amount of money and don’t The PRESIDING OFFICER. The
for deciding if we have infrastructure. want to announce it publicly, but you clerk will call the roll.
And it is predicated on a failed eco- The senior assistant legislative clerk
are sick and tired of DURBIN’s speech,
nomic theory. proceeded to call the roll.
get up and leave at this point. But if
The Republican approach—the so- Mr. LEE. Madam President, I ask
you are making under $400,000 a year,
called aptly named Laffer curve—be- unanimous consent that the order for
stick around because President Biden
lieves if you just cut taxes on the the quorum call be rescinded.
has made sure these tax increases will
wealthiest people, that will take care The PRESIDING OFFICER. Without
not affect you.
of the whole economy. Everybody is Let me put it another way. We can objection, it is so ordered.
going to get well if the wealthiest have fund President Biden’s infrastructure The Senator from Utah.
more money. I don’t buy it. NOMINATION OF KRISTEN M. CLARKE
plan without raising a single tax on ac-
It is time to wake up from the trick- tual working families in America. How Mr. LEE. Madam President, I rise
le-down fever dream. Look at where 50 about that? Frankly, it is about time today to oppose the nomination of
years of cutting taxes on the extra- we balance the scales of our tax sys- Kristen Clarke to be the Assistant At-
wealthy has brought us: bridges on the tem. torney General for the Civil Rights Di-
verge of collapse; pipelines held for During the pandemic, how did the vision.
ransom; the most unequal economy richest 1 percent of Americans do? As I have said multiple times, I am
since the Gilded Age in American his- What was their struggle during this not here to call into question Ms.
tory. crisis? They saw, the 1 percent, saw Clarke’s motives, nor am I here to call
The economic consensus is clear: Tax their net worth increase by $4 trillion— into question whether she is a good
cuts on the wealthy have never created not a bad year. person. In fact, I am willing to assume
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jobs. They have never boosted eco- If we want to get serious about cre- and even concede, for purposes of our
nomic growth. They just boost the ating jobs in America, everybody has conversation today, that she is a good
banks accounts of the people who al- to do their part. And this isn’t just person and that her motives are good.
ready have it. The benefits rise all the about rebuilding our country. It is the It is not my job as a Member of the
way to the top of the economic ladder next century of global leadership at Senate to go beyond that, but I do have
and stay there. stake. some very serious concerns reflected in
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2563
Ms. Clark’s record, concerns that, re- Now, by way of reference here, just which makes her unexplained, inexcus-
grettably, she has failed to rebut. to set the context straight, that deci- able involvement with anti-law en-
First, given the importance of the sion in the Supreme Court’s ruling in forcement activities all the more trou-
Civil Rights Division to the enforce- Roman Catholic Diocese v. Cuomo sim- bling.
ment of our Nation’s anti-discrimina- ply stated that commonsense propo- I would also point out that the arti-
tion laws, I am concerned about past sition—one that is, in my view, cle’s author, Amiri Baraka, was—like
instances in which she has publicly unremarkable—that the government Professor Martin mentioned a moment
pushed the Department of Justice to must treat mosques and synagogues ago—famously anti-Semitic. On one oc-
not pursue egregious instances of voter and churches the same way that it casion, he wrote, in reference to Jews,
intimidation. treats liquor stores and acupuncture that he had ‘‘the extermination blues.’’
Ms. Clarke criticized the Department clinics. So, again, we have Ms. Clarke casually
of Justice’s decision to prosecute Ike Statements like these give religious associating herself with a virulently
Brown for voter intimidation and sup- Americans like myself pause. Why anti-Semitic thinker.
pression. As a reminder, in that case, should we believe that she will defend Ms. Clarke also denied on the record
the case involving Ike Brown, a Mis- the civil rights, including the religious that she had served on the editorial
sissippi Democratic official engaged in rights of all Americans, not just those staff of a college journal with Amiri
rampant vote manipulation and absen- with whom she happens to agree? Baraka. But a simple Google search of
tee ballot fraud. Finally, I am worried about Ms. ‘‘Kristen Clarke’’ and ‘‘Amiri Baraka’’
Rather than praising the Justice De- Clarke’s failure adequately to address shows that when she was an assistant
partment’s successful prosecution of her troubling history of inflammatory editor of that journal, Amiri Baraka
the case, she criticized the decision, statements and irresponsible activism. was a contributing editor. Her denial of
stating that some of the claims were In college, she wrote an article stat- this easily verifiable fact is hard to un-
‘‘weak.’’ When asked point-blank ing that ‘‘Melanin endows Blacks with derstand.
whether she agreed with DOJ’s decision greater mental, physical, and spiritual Now, let’s be perfectly clear. I don’t
to prosecute two members of the New abilities—something which cannot be bring any of this up to suggest that all
Black Panther Party who, by the way, measured based on Eurocentric stand- of it is unforgivable. Look, everyone
showed up to a polling place wielding a ards.’’ has, from time to time, said or done
billy club, she demurred, saying: Not surprisingly, she was asked things that they later come to regret,
I believe the leadership of the Justice De- about this at the Senate Judiciary but let’s keep in mind what we are
partment had the prerogative to bring the
cases that it deemed appropriate to bring.
Committee hearing. And when she was looking at here. Ms. Clarke, herself, is
asked about it at her hearing, she asking us to apply a very different
Well, that is a completely nonrespon-
claimed this statement was meant to standard to her than we have applied
sive answer. It is a little like saying
be satirical. But at no point—not dur- to others—a different standard, in
Congress has the prerogative to pass
ing the hearing, not in connection with many ways, than she has asked be ap-
the legislation that it deems appro-
followup questions for the record—did plied to others.
priate to pass.
Ms. Clarke ever acknowledge the obvi- In 2019, her name appeared on a letter
In short, Ms. Clarke was unwilling to
ous; that these statements were unac- sent by the Leadership Conference on
decry outrageous voter suppression and
intimidation when Democrats were im- ceptable, regardless of whether she in- Civil and Human Rights, where she sat
plicated. She showed no corresponding tended them to be satirical. on the board of directors of that orga-
hesitancy in challenging commonsense Likewise, rather than express regret nization, opposing the nomination of a
election security laws, like voter iden- for her decision to participate and as- lawyer named Ryan Bounds, who had
tification requirements, passed by Re- sist in a conference defending cop kill- been nominated to serve on the U.S.
publican State legislatures. ers and domestic terrorists in law Court of Appeals for the Ninth Circuit.
Indeed, she has frequently challenged school, she merely said that she ‘‘pro- That letter stated that, ‘‘[w]hile
State election laws attempting to vided logistical support.’’ That con- [Bounds] recently apologized for those
paint ballot security measures as cat- tradicts the statements made by nu- comments’’—comments that had come
egorically racially discriminatory, merous speakers at the conference who up in connection with his confirmation
which raises the question: Does Ms. personally thanked her for her efforts. proceedings—‘‘the timing of that apol-
Clarke, in fact, oppose all voter intimi- In preparation for that same con- ogy suggests it is one of convenience
dation or just voter intimidation ference, Ms. Clarke recommended that rather than remorse, offered in a last-
against certain groups? When the posi- an article entitled ‘‘Mumia, ‘Lynch ditch effort to salvage his nomina-
tion the nominee is applying for in- Law,’ and Imperialism’’ be included in tion.’’
volves being the head of the Civil the conference newspaper and discussed In her hearing testimony, Ms. Clarke
Rights Division at the U.S. Depart- in connection with one of the panels. provided no explanation for why we
ment of Justice—the very division that That article contains some of the should overlook her extraordinarily
is responsible for overseeing voter most inflammatory anti-police rhet- controversial activities and statements
rights laws—that is not a question that oric I have ever seen. Here is a quote while she was a student. Rather, she
you want to have to ask. from it, an actual quote: ‘‘The Klan is attempted to minimize or, in some
Second, Ms. Clarke has shown a trou- now the Police, with Blue uniforms re- cases, even evade her actions.
bling disregard toward certain con- placing the sheets and hoods. The cor- Ms. Clarke’s history of irresponsible
stitutional rights. A few years ago, she rupt racist Judges, are petty Klan ad- actions and words didn’t end with law
decried the Trump administration’s ministrators.’’ school. In 2019, she signed a letter de-
creation of a Religious Liberty Task When asked about her promotion of fending Tamika Mallory, a woman who
Force, saying that the goal was ‘‘to this article in her questions for the stated that ‘‘white Jews’’ ‘‘uphold
make it easier for people to use reli- record before the Judiciary Committee, white supremacy’’ and associated her-
gion to mask their discriminatory Ms. Clarke stated that she ‘‘ha[d] no self with Louis Farrakhan.
goals. Shameful.’’ independent recollection of that When pressed on this point, she gave
I would remind Ms. Clarke that the email.’’ no explanation for her statement of
very first sentence of the Bill of Rights Now, once again, we have here a com- support, other than saying that the let-
safeguards the very religious freedoms plete nonanswer. Ms. Clarke declined ter ‘‘denounce[d] . . . antisemitism.’’
that she accuses of ‘‘masking discrimi- to explain, much less take responsi- Now, I am confused. How can a letter
natory goals.’’ bility for, associating herself with ex- defending a woman accused of making
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Again, late last year, Ms. Clarke at- traordinarily, obscenely dangerous anti-Semitic statements actually be a
tacked the Supreme Court’s decision in rhetoric. letter that is denouncing anti-Semi-
Roman Catholic Diocese v. Cuomo, say- Moreover, if Ms. Clarke were to be tism? Either anti-Semitism is bad or it
ing the Court’s ruling wrongly privi- confirmed, she would be responsible for is not. You can’t have your cake and
leged ‘‘religious freedom above all overseeing pattern and practice inves- eat it too. The way I read that letter,
else.’’ tigations of law enforcement agencies, I don’t see the letter as saying, yes,
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S2564 CONGRESSIONAL RECORD — SENATE May 18, 2021
that statement was bad, but there are ditiously to consider and confirm these by the senior Senator from Utah, you
other circumstances that should be nominees. We have already confirmed would find it hard to believe that law
considered. Instead, I see a whole- Attorney General Merrick Garland, enforcement would support this
hearted defense of the individual her- Deputy Attorney General Lisa Monaco, woman. Some of the things they say
self. and Associate Attorney General Vanita about her in criticizing her record sug-
Likewise, just last year, Ms. Clarke Gupta. The next one in the order of the gest that those in the law enforcement
wrote an article titled ‘‘I Prosecuted administration’s priority on hiring in community are her natural enemies.
Police Killings, Defund the Police—But the Department of Justice is Kristen The opposite is true.
Be Strategic.’’ Clarke. President Biden has nominated Throughout her decades of civil
When pressed about this by my col- her to lead the Justice Department’s rights work—20 years of working in
leagues on the Judiciary Committee, Civil Rights Division. civil rights that included several years
Ms. Clarke, once again, sought to evade Ms. Clarke is the right person to re- as a prosecutor—she has partnered
responsibility, saying that she has ‘‘de- store credibility to the Civil Rights Di- closely with law enforcement. Many of
veloped a practice of being deferential vision. Under the previous President, them have publicly endorsed her, and I
to editors on title selection.’’ But I the former Attorneys General Sessions will get to that in a moment. Yet, if
don’t think that is how this works. The and Barr, that Division was warped you were to listen to the arguments
article does, in fact, have her name on into a target and a tool to discriminate from the other side of the aisle—and we
it. Even if she were deferential, the against marginalized Americans. Dur- heard them in committee—you would
fact that she is describing herself as ing that previous administration, the think this amazing woman must be so
deferential here suggests that she did, Division rescinded guidance that gifted that she can engage in the prac-
in fact, make a conscious decision to strengthened protections for tice of law for 20 years in the same the-
defer. She didn’t say: I had absolutely transgender students. They prohibited ater, including with law enforcement
no choice in it. I didn’t see the title. the use of consent decrees with local leaders from all over America, and
She just said that she adopted a prac- police departments that engaged in somehow they never caught on to the
tice of being deferential. systemic misconduct. And they aban- fact, according to them, that she was
In any event, you can hardly blame doned the longstanding principle of de- virulently against law enforcement. In
the editor for the title that he or she fending Americans’ right to vote. Now fact, they came out and said the oppo-
chose. Ms. Clarke wrote three times in we have an opportunity for a course site. She was fair. She was objective.
that piece—three times—‘‘We must in- correction in the Civil Rights Division She was a good partner in trying to re-
vest less in police.’’ by confirming a proven civil rights solve difficult issues.
In short, Ms. Clarke’s record reflects leader to head that Division. They would have us believe that she
a consistent pattern of inflammatory As a former trial attorney in the Di- has this mystical power to take people
statements and actions, followed by a vision’s Voting Section and as a pros- in law enforcement and delude them
disclaimer of responsibility and a lack ecutor in its Criminal Section, Ms. because secretly she is a radical, a So-
of candor and remorse. Moreover, her Clarke has clearly played in the big cialist radical. Not true. The partner-
record gives us reason to doubt that leagues. She personally understands ship she has had with law enforcement
she will defend the civil rights of all the role that the Division’s line attor- began when she prosecuted hate crimes
in the Civil Rights Division, and it con-
Americans, not just her political allies. neys play on a day-to-day basis. Ms.
For these reasons, I regretfully can- tinues to this day through her work on
Clarke knows that these career attor-
not support her nomination. the Lawyers’ Committee James Byrd
neys must be independent from polit-
I yield the floor. Jr. Center to Stop Hate. This center
ical pressure in order to carry out the
I suggest the absence of a quorum. provides community resources, train-
mission to defend the civil rights of all
The PRESIDING OFFICER. The ing, and support for law enforcement to
Americans, and her diverse background
clerk will call the roll. better identify, investigate, prosecute,
as a legal expert will serve her well.
The legislative clerk proceeded to and report hate crimes.
As the former codirector of the
In each of these roles throughout her
call the roll. NAACP Legal Defense and Educational
Mr. DURBIN. Madam President, I ask history as a professional prosecutor at
Fund’s voting rights group, Clarke con- the highest levels in the United States
unanimous consent that the order for fronted assaults on voting rights and of America, Ms. Clarke has earned the
the quorum call be rescinded. ballot access, like those we are seeing
The PRESIDING OFFICER. Without respect and trust of members of law en-
in State legislatures across America forcement, reflected in their strong
objection, it is so ordered. today. As the former chief of the New
Mr. DURBIN. Madam President, very support for her nomination.
York Attorney General’s Civil Rights Listen to some of the groups that
shortly, we will be voting on the Bureau, she helped establish the Office openly support her and then reflect on
Kristen Clarke nomination to the De- of Religious Rights Initiative, defend- some of the charges that were just
partment of Justice. This week is an ing the First Amendment rights of made against her on the floor by the
apt time to start the discussion about workers throughout the State. Senator from Utah.
her nomination because it marks the You would find it hard to believe She has support from the Major Cit-
anniversary of two of the most impor- about Ms. Clarke and the issue of free- ies Police Chiefs Association. She has
tant Supreme Court decisions in the dom of religion, based on some of the the support of the National Organiza-
history of America. The first is the in- earlier statements made on the floor, tion of Black Law Enforcement Execu-
famous Plessy v. Ferguson decision in and to then learn that she established tives. She has the support of Women in
1896, wherein the Supreme Court estab- the office’s Religious Rights Initiative Federal Law Enforcement; the His-
lished a standard of separate but equal. in New York. Today, as the president panic American Police Command Offi-
That was the standard that was used to and executive director of the Lawyers’ cers Association; over 40 prominent po-
justify—legally justify—racial dis- Committee for Civil Rights Under Law, lice chiefs and sheriffs; and Sheriff
crimination throughout America. Ms. Clarke has spearheaded new initia- David Mahoney, who just this month
Sixty years later, in the landmark de- tives to address civil rights issues cre- stepped down as president of the Na-
cision of Brown v. Board of Education, ated by new technologies. tional Sheriffs’ Association.
the Supreme Court unanimously— She is singularly qualified to head Ms. Clarke’s critics would come to
unanimously—rejected that shameful the Civil Rights Division at this mo- the floor and have you believe she has
document and blazed a trail for the ment. She brings with her a wealth of deluded all of them. She has deceived
modern civil rights movement. expertise and experience needed to lead all of them. Despite the work they
ctelli on DSK11ZRN23PROD with SENATE
This year, 2021, the Senate has a this Division at this moment in his- have done with her, she secretly can’t
chance to continue America’s long tory. stand them.
march toward equality and racial jus- She also boasts broad, enthusiastic Well, it is not true. And it is not
tice by confirming principled, experi- support from the law enforcement com- true, and they know it. I think the
enced leaders to the Department of munity. If you were on the floor and Senators on the other side of the aisle
Justice. The Senate should work expe- heard the statement previously made should know it as well.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2565
Ms. Clarke has the support of a bipar- hurled accusations of antisemitism at And this is 18 to 15 inches in 12 hours,
tisan group of former Justice Depart- Ms. Clarke, and we reject them. They and there you can see the impact of
ment officials who wrote to the com- do not comport with the career and cars flooded up almost to their window.
mittee and said: ‘‘Ms. Clarke’s experi- record of the colleague we have worked There is a home in the background, and
ence, in addition to her high character, with throughout her career.’’ you can see where the water level is
make her a superior choice to lead’’ the These attempts to smear Ms. relative to that home.
Civil Rights Division. People who Clarke’s record are a last-ditch effort And here we have another example of
worked with her have endorsed her for to discredit a nominee with exemplary vehicles flooded, to give you an idea of
promotion. qualifications. how much rain occurred in a short pe-
Although Ms. Clarke’s record dem- The bottom line is this: Ms. Clarke is riod of time.
onstrates that she has devoted her life the right person to lead the Civil Now, other floods and disasters in
to advancing the civil rights of all Rights Division. It is a difficult assign- parts of the country—often floods and
Americans, in recent weeks, she has ment. At any time in our history, it is disasters in parts of the country, other
been the target of an incredible difficult, probably more so today than than the west and the east coasts, get
amount of baseless, vitriolic attacks. ever. She is the person for the job. overlooked. I am here to make the case
I don’t understand what is going on At this moment in history, our coun- to not overlook. We cannot ignore the
around here sometimes when I look at try needs her combination of expertise, pain and destruction left in the wake of
these nominations and wonder how experience, skills, and thoughtfulness these storms.
people like her—Kristen Clarke, Vanita to ensure the Civil Rights Division will Overnight, 80 people were rescued
Gupta, and others—really enrage peo- again work for all Americans. from flash flooding in Lake Charles. On
ple on the other side of the aisle, to the If she is confirmed to be part of top of the rain and submerged roads,
point where organizations are making Merrick Garland’s team at the Depart- there were warnings for possible torna-
concerted efforts to really twist and ment of Justice, Ms. Clarke would cer- does, prompting shelter-in-place pre-
distort their life’s work, their values, tainly make history, being the first cautions.
and the talents that they bring. Black woman confirmed by the Senate I heard from constituents that stu-
Listen to one of these attacks that to lead the Justice Department’s Civil dents were kept in schools until late
was just made again on the floor of the Rights Division—the first. into the night.
Senate. The attack is that she person- I look forward to supporting her Now, it is not just Lake Charles;
ally defended Mumia Abu-Jamal, who nomination on the floor, as we con- Baton Rouge flooded as well. In Baton
was convicted in 1982 of the murder of tinue this process, and I urge all of my Rouge, more than 250 people were res-
a Philadelphia police officer named colleagues to vote to discharge her cued after the city got a deluge of over
David Faulkner. nomination from committee and ulti- 13 inches of rain on Monday night.
The attack is missing one key point. mately confirm her to this critical po- And this is Baton Rouge—not as bad
Ms. Clarke never—never—worked on sition at the Justice Department. as Lake Charles in that picture, but
the Abu-Jamal case. You wouldn’t My assignment on the Senate Judici- even more people had to be rescued.
know that from the charges made. ary Committee is a challenging one. This morning, at least 15,000 homes
But perhaps the most vicious attack The committee is evenly divided 11 to and businesses were without power in
against her is the false accusation of 11. There are some of the fiercest and East Baton Rouge Parish.
anti-Semitism. strongest partisans from the other side The number of homes and businesses
Now, I am not Jewish, and the Sen- of the aisle as part of this committee flooded in Lake Charles and Baton
ator who suggested that she was anti- structure. Rouge combined is not known, but I
Semitic in some of the things that she I marvel sometimes at things that can promise we will continue to hear
had said and done is not Jewish either, are said in the committee. When I look distressing and saddening stories about
but those who are of the Jewish faith at the evidence—certainly when it the loss of both life and property
have considered the charges made comes to Ms. Clarke, her actual life, throughout South Louisiana in the
against her. Let me tell you what they her career, her experience, and what coming days.
found. she has done—it belies some of the Now, through firsthand accounts, so-
They found these accusations baseless criticism that is made. cial media posts, and local news cov-
couldn’t be further from the truth. Ms. I just wonder, What is it about this erage, we have already heard emotional
Clarke has spent much of her career de- woman that drives some Members into stories. In Lake Charles, a resident and
fending the rights of Jewish Ameri- a rage? I have met her. I have heard their newborn had to swim to safety as
cans. her questioned in the committee. I be- water levels rose. In Baton Rouge, a
At the New York State attorney gen- lieve she has proven throughout her body was found submerged in a vehicle
eral’s office, she repeatedly defended life that she is the right person to that had gone into a canal.
Jewish employees’ right to observe the move up into this critical position at Water rescues and emergency evacu-
Sabbath in the workplace. this moment in history. ations have been underway for the last
Does that sound like someone who is I yield the floor. 24 hours, but Americans are at our best
negative on the issue of freedom of re- The PRESIDING OFFICER. The Sen- when we help those in need, and folks
ligion or anti-Semitic? ator from Louisiana. in Louisiana are resilient.
She has also been at the forefront of LOUISIANA So I give thanks to all the brave men
confronting the growth of anti-Semitic Mr. CASSIDY. Madam President, I and women of local fire and police de-
hate and harassment online through rise today to bring attention to an on- partments for their work in saving
her work with the Lawyers’ Com- going situation in South Louisiana. lives. We will get through this to-
mittee. For instance, she helped shut Heavy rains are hammering our com- gether.
down a virulent White Supremacist and munities. A state of emergency exists When I was in Lake Charles after the
anti-Semitic website called across the area, with more rain ex- last hurricane, Hurricane Delta, I
Stormfront. pected today. picked up a bracelet that read ‘‘Lake
Several Jewish groups have emphati- It has been a difficult 2 years, pan- Charles Strong.’’ We are Lake Charles
cally denounced the baseless attacks, demic aside. Eight months ago, Lake Strong; we are Baton Rouge Strong; we
which continue to be made, even to Charles was devastated by Hurricanes are Louisiana Strong.
this day, against this woman. Delta and Laura, one of the few times While some outside of our State have
Notably, the Union for Reform Juda- in history in which a hurricane fol- already forgotten about the natural
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ism, the Nation’s largest Jewish de- lowed upon a hurricane, almost identi- disasters of 2020, Louisiana has not.
nomination, wrote to the Judiciary cally tracking. Many have yet to return to their
Committee to voice unwavering sup- Yesterday, areas got anywhere from 8 homes.
port for Ms. Clarke’s nomination. to 15 inches of rain in 12 hours. It was Just 2 weeks ago, President Biden
Let me tell you what they said. heartbreaking to see Lake Charles hit visited Lake Charles, talking about in-
‘‘We’ve heard the voices who have again by natural disaster. frastructure in front of the Calcasieu
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S2566 CONGRESSIONAL RECORD — SENATE May 18, 2021
River Bridge. Well, when I met him, I The PRESIDING OFFICER (Mr. MUR- nuses. I talked to a woman last week,
raised the issue of a disaster relief PHY). Without objection, it is so or- who is a friend of mine, who runs a
package. dered. manufacturing company, a great little
Our State was hit by hurricanes and ECONOMIC RECOVERY company, which has about 200, 250 em-
winter storms, as well as the pandemic. Mr. PORTMAN. Mr. President, I am ployees. She is looking for 60 people
A record five main storms made land- here on the floor this afternoon to talk right now. She is offering a $1,000 sign-
fall last year in my State. The strong- about the economy, how to get it on ing bonus plus other incentives, bene-
est was Laura, a category 4 hurricane, the right track and particularly how to fits, to be able to come to work, and
hitting Lake Charles, followed by Hur- deal with the jobs crisis we face right she can’t get people to show up to
ricane Delta, a category 2, just a now. It is a different kind of crisis than apply for work. So this is a real prob-
month later. we normally talk about. There are a lem in terms of our interest in getting
Louisiana farmers were also hit with lot of jobs open, and the workers who this economic recovery going.
catastrophic damage to livestock, are needed are not coming forward. It is time to stop this extraordinary
crops, and structures during unprece- Washington needs to change direction Federal unemployment supplement. By
dented winter storms. to get the economy on the right track. keeping in place this $300 per week on
We need a disaster supplemental leg- Current law provides that at least top of this UI benefit and not taxing
islation to help communities strug- until Labor Day—that is in September that benefit, President Biden and my
gling to recover. We cannot afford to of this year—there will be a Federal colleagues on the other side of the aisle
allow the impact of an entire year’s supplemental payment of $300 per week are putting us in a tough position and,
worth of natural disasters to go added to the State unemployment ben- I think, on the verge of a real jobs cri-
unaddressed. efit. So if somebody is on unemploy- sis because some of these jobs will end
Our best line of defense for these nat- ment insurance, they will get their up going away, some permanently, if
ural disasters is coastal resiliency, normal State benefit, which in Ohio is we don’t do something about it.
which in our State is funded through about half of whatever your income I believe the Federal unemployment
what is called GOMESA. That is rev- was, but on top of that, now there is a insurance was necessary, the Federal
enue from offshore oil and gas develop- $300 Federal supplement. It was put in supplement, when we were at the heat
ment. place during COVID–19, but it con- of the COVID–19 crisis—let’s say a year
And folks wonder why I fight so hard tinues until at least September. ago now. People were losing their jobs
to preserve that funding for GOMESA. By doing so, adding that $300, it near- through no fault of their own. Their
GOMESA allows Louisiana to rebuild ly doubles the unemployment insur- businesses were shutting down, in part
our coastline so if there is a hurricane ance benefit, on average. It also results because the government was putting in
coming onshore, there is the resiliency in about 42 percent of those people who place social distancing guidelines or
from a coastline which is built out are on unemployment insurance mak- otherwise saying that businesses had
with wetlands to absorb the strength of ing more on UI than they were making to temporarily close. A lot of people
that hurricane. at work. It has the effect of, in most lost their jobs.
We need to preserve GOMESA to con- In my view, Congress rightly put in
States, more than doubling the amount
tinue having dollars flow not just to place expanded unemployment benefits
of unemployment insurance, and it also
Louisiana but to other Gulf Coast to help those families get by when the
doubles the minimum wage. So you can
States to protect against natural disas- economy was largely shut down, but we
imagine why this is a disincentive for
ters. are in an entirely different place now,
some people to go back to work, if they
It will be raining today and maybe entirely different place. Again, 8.1 mil-
can make more not working.
longer, but to those—oh, one more lion jobs are open right now. It is a his-
On top of that, Democrats here in
thing to mention. toric time. We have never had this
Congress, during the COVID legisla-
There is a portion of the Presi- many jobs open in America.
tion, added another benefit to people Thanks to the hard work of a lot of
dent’s—a portion of the President’s in-
on unemployment insurance compared our researchers and scientists, this
frastructure bill which has not at-
to people who are working, and that is vaccine has gotten out there at record
tracted a lot of notice but which I
to say that your first $10,000 of unem- pace. We now have had vaccinations at
would agree with. It is called nature re-
ployment insurance is tax-free. So if levels that we had all hoped for earlier.
silience—using the natural structures
you are a truckdriver making 35,000, As a result, with more than half of
of our coastlines in order to increase
40,000 bucks a year, you don’t get that Americans already having had one vac-
resiliency against water events and
tax benefit, but if you are on unem- cination—in my State of Ohio, it is
other events.
And in a spirit of bipartisanship, but ployment insurance, you do get that even better than that—restrictions are
once seeing the necessity of it, I would benefit—again, another disincentive to easing, and businesses are opening up,
support that provision as I now under- go back to work. fully open again. In my home State of
People are logical. If the government Ohio, there is no longer a mask man-
stand it.
So for all those in South Louisiana, is going to pay you more not to work date. Here in the U.S. Senate is an ex-
please stay safe, listen to local officials than to work, it creates a problem. And ample. Things are opening up. With
for further instructions. you can see that problem. We have a that reopening, again, comes all these
I will continue to monitor the situa- record number of job openings right job openings that can’t be filled.
tion and help, as possible, with recov- now; 8.1 million jobs are open in Amer- The economic recovery you would ex-
ery efforts. My office is in contact with ica today. pect right now is not happening be-
the White House, ensuring the full sup- The economic recovery we all are cause people are not getting back to
port of the Federal Government is looking forward to is being hampered work.
there to help now and then to help re- by what? A lack of workers. If you go We just had the jobs numbers from
covery. down your Main Street wherever you last month. The country added 266,000
Our prayers are with those experi- live, you will see the ‘‘help wanted’’ jobs in April. This was alarming be-
encing flooding and other hardships. signs up. If you go by your restaurants, cause it was only one-quarter of what
We thank the American people for you will see, instead of the marquees the economists predicted, only 25 per-
their support. saying ‘‘Come and check out our great cent of what people predicted. It is an
I yield the floor. apple pie or our hamburgers,’’ they say early warning sign that should not be
I suggest the absence of a quorum. ‘‘We are paying signing bonuses’’—$500, ignored.
The PRESIDING OFFICER. The $250. I went by a Frisch’s Big Boy on These disappointing monthly job re-
ctelli on DSK11ZRN23PROD with SENATE
clerk will call the roll. the way to the airport on Monday, and ports typically tell bad news on two
The bill clerk proceeded to call the that is what I saw—McDonald’s offer- fronts. One is that there haven’t been
roll. ing a $500 bonus. as many new jobs added as you would
Mr. PORTMAN. Mr. President, I ask There are manufacturers I know in want, and that is certainly true.
unanimous consent that the order for the State of Ohio I represent offering But second, it says there are not
the quorum call be rescinded. much more in terms of signing bo- enough available jobs out there. There
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2567
aren’t enough open jobs out there. $300 because they know it is not work- One of the reasons, we are hearing, is
That is not the problem now. Adequate ing for the small businesses; it is not that schools are not open, so they have
number of jobs is not the problem. The working for the economy; it is not to use childcare because their kids are
jobs are available. But if the President working for individuals who are not not in school. With only 54 percent of
and Congress don’t change course, that getting back to their career track, who K–8 schools actually being open
could become a problem. If steps aren’t are losing training and losing the abil- today—that is the latest number we
taken to dismantle some of the dis- ity to keep up with what is going on at have—that is a real problem. Again,
incentives to work, some of these work because they are, again, given that is one we can solve. The CDC is
record number of available jobs we this disincentive to go back. playing a role in that by saying: Get
talked about are going to go away. It is working. There was a hotel, I am the kids back to school. They can do so
Let me give an example. There is a told, in the first State that decided to safely. There certainly should not be
restaurant called Geordie’s in Colum- do this, which was Montana—did it any reason for this now, given the fact
bus, OH. They have closed down. about 2 weeks ago—a hotel where they that so many people have been vac-
Geordie’s is closed down. They can’t were offering every week to hire more cinated and, thank goodness, the infec-
find workers. That is the reason. The employees. They were looking for more tion levels are going down so much.
owner was quoted as saying something employees. They were getting 1 person So I know that is an issue. Childcare
like: You know, COVID–19 didn’t take a week to show up; last week, 60 peo- is an issue.
me down. He got the PPP loan. He kept ple—60 people—because they are not of- The other issue, I think, that we have
going, and he struggled through, and fering the $300 anymore. They are giv- to know is that some people are con-
he was staying open. He said: My own ing the money back. cerned about still getting infected at
government has taken me down, be- The Biden administration, as you work and what the virus might, you
cause he can’t compete with unemploy- know, would like to spend a lot more know, lead to in terms of an unsafe
ment insurance at that level. money on a lot of different things— workplace. But I will tell you, that
We have lots of other businesses in that totals about $6 trillion when you concern is a lot less now. Again, so
Ohio. Here are some. Your Pizza Shop, add it all up—to prime the pump, more many people have been vaccinated, and
Muddy’s, Donatos—all in Wooster, stimulus, get the country back to the CDC again has responded to that
OH—have told me that they are closing work, as they say. and said: You can have a safe work-
down 1 day a week or more because What has happened is, a lot of this place. You can have a safe school. It is
they are understaffed. Facing no alter- stimulus money, particularly in the not hard to do.
$1.9 trillion COVID package, has over- So let’s get back to work, and par-
native, other businesses are figuring
heated the economy—and you can see ticularly, let’s deal with this unem-
out ways to permanently move forward
it in the higher inflation numbers— ployment insurance issue because that
with fewer employees.
This concerns me. In some cases, which is what a lot of people predicted, is the main reason people are not re-
they tell me they are just downsizing including Democratic economists and turning to work, I am told by the em-
former Secretary of Treasury Larry ployers out there. With more than 40
their business. If you can’t find those
Summers. A lot of us on the Repub- percent of workers making more with
60 employees and you are the manufac-
lican side were concerned about this. unemployment insurance and that sup-
turer right now, what do you do? You
Well, it is happening. And we are see- plement than they would in their jobs,
are restricting your business. You are
ing more and more proposals for more businesses just can’t compete.
not opening new markets, and you are
and more stimulus. Inflation is not Think how tragic this is. A small
closing down maybe even some existing
what we need. business owner works tirelessly to keep
customers because you can’t serve By the way, that spending of $6 tril- the lights on through COVID–19—again,
them. So these jobs are going. Others lion is about six times what the gov- maybe uses the PPP or otherwise and
are figuring out ways to do it with ernment spent during the New Deal in stays in business—and finally, after
fewer people. Again, some might say the 1930s, and that is inflation-ad- more than a year, reaches a point
that is a good thing—using technology justed. I mean, this is a lot of money. where the virus is in retreat—we are
and using automation to displace Instead, what we ought to do is help doing all the things we should be doing
workers. I don’t think it is a good get people back to work and encourage to make our workplaces safe—and now
thing. I would rather have more people them and let this economy grow on its they might have to close because they
working. That is what they want, too, own, which it is going to do. During the just can’t find people to work.
but they can’t afford it, so they are COVID–19 discussion, the Congressional The same story is being told all over
going to more automation, they tell Budget Office—a nonpartisan group the country and certainly all over my
me, going to anything they can do to here in Washington and Congress—told State. Again, this is why 21 States now,
do it with fewer workers. us that the economy is going to re- as of this afternoon, including my
This is a problem, and again, Wash- cover to its pre-COVID level by mid- home State of Ohio, have decided to
ington is creating this problem. Why year if we do nothing, no more stim- give the $300 back. But we shouldn’t,
would we do that? Again, I understood ulus. Yet people insisted on more and here in Washington, continue to pro-
it and supported it when we had the more stimulus, and we can see what is vide that $300 to everybody else.
COVID–19 crisis. People were losing happening. Governors in these States understand
their jobs through no fault of their Part of that stimulus, part of that that encouraging workers to return to
own. But the opposite is happening spending, was this $300 until Labor the job market is essential to the econ-
now. Day, $300 week per week in expanded omy, but it is also good for the work-
We have to change gears. We are at a unemployment benefits from the Fed- force to get back to work, get back to
crossroads. We can continue to have eral Government, on top of the fact what happens when you go to work,
this economy stagnate, continue to that you don’t get taxed on your first which is you have that sense of fulfill-
hurt working families, or we can get $10,000. Again, that $300 is on top of ment, that dignity and self-respect
people back to work and create robust whatever the State benefit is. that come with work, and you are
and sustained economic growth. Are there other factors that are lead- keeping up with whatever the techno-
I would take the $300 a week, by the ing to this labor problem we have now logical changes at work are and getting
way, and shift it to a 6-week temporary in our country? I think there are. I back on your career track.
bonus of $100 a week to go to work, a think there are. One is that we have a Guidance from the Biden administra-
work bonus. You could do that imme- situation now where some people just tion, the CDC, says we can move for-
diately even while keeping the $300 in can’t afford childcare. So they are not ward with getting back to normal. It is
ctelli on DSK11ZRN23PROD with SENATE
place for a short period of time be- only getting more money on unemploy- time for President Biden to follow that
cause, right away, you could help peo- ment, perhaps, than they are getting at advice and to end the disincentive to
ple to get back to work. It would hap- work; if they go to work, they have to work that is holding back the eco-
pen. pay for childcare. And childcare is too nomic recovery.
By the way, some States have de- expensive, and I would like to work on These are simple steps we can take.
cided on their own just to get rid of the that. Again, I would do a $100 bonus to go
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S2568 CONGRESSIONAL RECORD — SENATE May 18, 2021
back to work for 6 weeks. But the most She wouldn’t answer, telling me she Mr. President, I have just filed a sub-
important thing is to end the $300 and was unfamiliar with the case. Given stitute amendment to the Endless
to let people once again have the op- her youthful activism, I find that very Frontier Act that will pull together bi-
portunity to pursue their American hard to believe. Last summer, she partisan legislation from across the
dream, which is not unemployment; it wrote an article in Newsweek advo- Senate committees into a single com-
is getting a job. With 8.1 million jobs cating for defunding the police, but she prehensive bill to restore America’s
being offered—a historic number, the insists the words on the page aren’t competitive edge.
most ever—it is time to make that what she meant. I am sorry, but if it is This new bill will be called the U.S.
change. not what she meant, then she shouldn’t Innovation and Competition Act, and it
I urge my colleagues and I urge the have said it. will include bipartisan legislation from
administration to change course. I don’t think she is the right person the Foreign Relations Committee to
I yield back my time. for this job at this time. A nominee to strengthen our alliances and hold
The PRESIDING OFFICER. The Sen- lead the Civil Rights Division should be China accountable for predatory trade
ator from Iowa. nonpartisan, should be independent, practices; bipartisan legislation from
NOMINATION OF KRISTEN M. CLARKE and should be upfront about her beliefs. the Homeland Security committee to
Mr. GRASSLEY. Mr. President, I will Unfortunately, I think Ms. Clarke invest in AI, cyber security, and poli-
not be voting to discharge the nominee misses all three marks. cies to make sure American taxpayer
Kristen Clarke to run the Civil Rights As I have said, I don’t want to return money is used to buy American prod-
Division of the Department of Justice, to the Eric Holder days, so I will vote ucts; bipartisan legislation from the
so I come to the floor to explain to my no. HELP Committee to protect our re-
colleagues why I feel this way. I yield the floor. search and invest in STEM; bipartisan
While Ms. Clarke may be a very good The PRESIDING OFFICER (Mr. MAR- legislation from the Judiciary Com-
attorney—in fact, I don’t think there is KEY). The majority leader. mittee to bolster antitrust enforce-
any doubt that she is—she continues Mr. SCHUMER. Good afternoon. ment; bipartisan legislation from
the trend of politicized nominees to the The PRESIDING OFFICER. Good Banking to sanction predatory behav-
Justice Department under this Presi- afternoon. ior from the Chinese Communist Party.
dent. While I disagree with her strong- Mr. SCHUMER. I am adding a little And, very importantly, the substitute
ly on some of her views, especially stability and friendship to these august amendment will now include a historic
when it comes to defunding the police, proceedings, I hope you realize. $52 billion investment to make sure the
my issues with Ms. Clarke go beyond United States stays on the cutting
VOTE ON MOTION
that. edge of chip production—semicon-
Mr. President, I know of no further ductor chip production—which is essen-
The Justice Department and espe- debate on the motion. tial for this country’s economy, includ-
cially the Civil Rights Division need to The PRESIDING OFFICER. If there ing our auto industry, our tech indus-
be committed to impartial and equal is no further debate, the question is on try, and our military.
justice. In the wrong hands, the Civil agreeing to the motion to proceed. Again, this legislation will now in-
Rights Division can be used to target The motion was agreed to. clude a historic and immediate infu-
and harass the President’s political op-
ponents. It can threaten law enforce- f sion of Federal money in the semicon-
ment, school choice advocates, reli- ductor industry to boost domestic pro-
ENDLESS FRONTIER ACT duction and shore up critical supply
gious schools, red States, and pro-
lifers. The PRESIDING OFFICER. The chains.
This isn’t a hypothetical. Under Ms. clerk will report the bill by title. This is a very big deal. It fits in with
Gupta, the Civil Rights Division de- The legislative clerk read as follows: the concept of the Endless Frontier
fended an effort to take over Louisi- A bill (S. 1260) to establish a new Direc- Act, and I am very pleased it will be in
torate for Technology and Innovation in the the bill.
ana’s school choice program. Now, can
National Science Foundation, to establish a American manufacturing has suffered
you imagine that? Luckily, a group of
regional technology hub program, to require rather dramatically from a chip short-
African-American mothers stopped a strategy and report on economic security, age. We have all heard about auto
them in the Fifth Circuit. Just think— science, research, innovation, manufac- plants in our States that are closed or
African Americans stopped an obvious turing, and job creation, to establish a crit- operating in reduced capacity because
injustice by the Justice Department. ical supply chain resiliency program, and for they can’t get the chips. The shortage
The fact is that our civil rights laws other purposes.
in our tech industry shows how vulner-
are broad, and the mere threat of their AMENDMENT WITHDRAWN
able our supply chains are.
enforcement can chill legitimate polit- Mr. SCHUMER. Mr. President, I ask We simply cannot rely on foreign
ical opposition. Because of that, I unanimous consent to withdraw the processors for chips. This amendment
think that the head of the Civil Rights committee-reported substitute amend- will make sure we don’t have to.
Division needs to be above reproach ment. America invented the semiconductor
when it comes to partisanship. The PRESIDING OFFICER. Without chip. We are still at the cutting edge of
Unfortunately, Ms. Clarke is a liberal objection, it is so ordered. research, but fewer than 12 percent of
partisan. She has opposed the enforce- The committee-reported amendment them are made in America. And if this
ment of the law against Ike Brown, a in the nature of a substitute was with- bill doesn’t pass, it will go down to 6.
Mississippi voter suppressor, either be- drawn. Other countries—notably, China—will
cause of the color of his skin or be- AMENDMENT NO. 1502 become the leaders, not just in chip
cause he was a Democrat. Neither an- manufacturing and chip production but
(Purpose: In the nature of a substitute.)
swer is acceptable. She has disparaged in the many industries that depend on
religious freedom groups like the Alli- Mr. SCHUMER. Mr. President, I call
chips. We cannot let that happen.
ance Defending Freedom. She has op- up amendment 1502. The best way to do that is to add this
posed important Supreme Court deci- The PRESIDING OFFICER. The amendment to the bill, which I have
sions protecting religious liberty, indi- clerk will report the amendment. just done, and make sure it passes.
vidual Supreme Court Justices, and The senior assistant legislative clerk The substitute amendment is dra-
even some of my colleagues. She has read as follows: matic not only in terms of chips but in
held Republican nominees to a stand- The Senator from New York [Mr. SCHUMER] terms of American investment in re-
ard she didn’t want to apply to herself. proposes an amendment numbered 1502. search, in science, and innovation.
ctelli on DSK11ZRN23PROD with SENATE
Ms. Clarke has run away from her (The amendment is printed in today’s When we invest in research and science
record. I asked her at the hearing RECORD under ‘‘Text of Amendments.’’) and innovation, millions of good-pay-
whether Mumia Abu-Jamal, the coun- Mr. SCHUMER. Mr. President, I am ing jobs follow, and the American econ-
try’s most notorious cop killer, was a going to speak on this amendment for omy leads the world. Our failure to in-
political prisoner, like someone said at a minute, then we will move to the mo- vest will displace us from that position
a conference that she helped organize. tion to discharge Kristen Clarke. and all too soon.
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