Senate Agenda (Cong. Rec., June 7, 2021)
Summary
Congressional Record, Senate, pages S3944 and S3945, June 7, 2021. Schumer, on paycheck fairness, says women earn roughly 82 cents for every dollar a man makes and that the Senate will decide whether to take up legislation to address the gender pay gap; Schumer also announces judicial recommendations to President Biden, Myrna Perez and Dale Ho. McConnell, under Economic Recovery, says May hiring fell short of the level experts had hoped for, and under Senate Agenda says Democrats have laid out a June agenda that is transparently designed to fail. The Senate proceeds to executive session on the nomination of Julien Xavier Neals, of New Jersey, to be United States District Judge for the District of New Jersey.
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“Senate Agenda (Cong. Rec., June 7, 2021).”
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S3944 CONGRESSIONAL RECORD — SENATE June 7, 2021
On the flip side, President Obama ap- it is a bachelor’s degree or an advanced so-called American Rescue Plan would
pointed 320 judges, and President Biden degree. Many women with advanced de- boost job creation in 2021 by 4 million
now has the opportunity to fill more grees actually make less than their over existing expectations. Meeting
than 80 vacancies. Under this Demo- male counterparts who don’t have that new higher goal meant the econ-
cratic majority, the Senate will swiftly them. So, looking at the facts, women omy would have to grow by over 900,000
and consistently confirm President with the same jobs, the same degrees— new jobs a month. Needless to say, the
Biden’s appointments to the Federal sometimes better degrees than their job market is nowhere close—nowhere
bench, bringing balance, experience, male colleagues—are making less close—to meeting this target. In fact,
and diversity back to the judiciary. Mr. money. That is the very definition of hiring is falling short of where non-
Neals and Ms. Rodriguez are two great gender discrimination, and it is holding partisan experts forecasted it would be
examples, along with Ms. Brown Jack- back women in every industry and area even if—even if—Democrats hadn’t
son. of the country. rammed through a multitrillion-dollar
In the same vein, today, I also an- The pandemic has only made matters liberal wish list this spring.
nounced two judicial recommendations worse. Faced with impossible choices I have been clear on the dangers of
to President Biden: Myrna Perez, the between careers and childcare, women that bill from the beginning, and the
director of voting rights at the Bren- have fallen out of the workforce at an data is now spelling it out very clearly.
nan Center for Justice, to serve on the alarming rate. By one measure, the Democrats’ bloated additions to unem-
prestigious Second Circuit Court of Ap- COVID–19 pandemic has set women’s ployment insurance haven’t just failed
peals, and Dale Ho, the leader of the labor force participation back by more to help our recovery, they have actu-
voting rights project at the ACLU, to than 30 years, leading some economists ally hurt it, and the consequences on
serve on the Southern District of New to describe the 2020 year not as a reces- Main Street are now in full focus.
York. Ms. Perez and Mr. Ho are two of sion but as a ‘‘she-cession.’’ As hiring lags, employers are strug-
the foremost voting rights and election So there is a lot of work to do to not gling to entice workers to rejoin and
experts in the country. With a national only recover from a devastating year keep their facilities staffed. After a
focus on voting rights right now, their for women in the workplace but also year that already tested budgets to the
elevation is timely, and their perspec- establish an equal playing field where breaking point, small business owners
tives will be invaluable. Ms. Perez women are paid what they deserve. are having to dig even deeper to at-
would also be the first Latina to serve Senate Democrats have put forward a tract staff, offering bigger bonuses and
on the Second Circuit Court since now- bill that would make it much easier for flexible hours. But even that hasn’t
women to petition for pay equity. It been enough. For the fourth straight
Justice Sonia Sotomayor.
Diversity on the Federal bench is doesn’t mandate that employers set month, one survey of small businesses
very important to me, both demo- wages at a certain level. It doesn’t came back with record-high reports of
graphic diversity and diversity of expe- have the government reach into the unfilled job openings. As one small
private sector. It merely makes it easi- business owner in London, KY, re-
rience. The courts have long been
er for women to overcome pay dis- ported to me, ‘‘The current labor short-
packed with former prosecutors and
crimination. age is by far the worst’’ he has ever
corporate lawyers. It is about time
In my view, this straightforward, seen. In fact, his short staff has had
that civil rights attorneys, voting
unobjectionable piece of legislation such a hard time keeping up with or-
rights attorneys, and Federal defenders
should merit bipartisan support and ders that ‘‘customers are already con-
start getting the nod. My recommenda-
should not require changes. All 50 sidering moving business from this fa-
tions of Ms. Perez and Mr. Ho are part
Democratic Senators are cosponsors of cility to other states.’’
of that effort. Unfortunately, this situation isn’t
Last month, I also recommended Eu- the bill—all 50. Will our Republican
colleagues step up to the plate and join unique. As I traveled the State last
nice Lee, an appellate attorney with week, I heard the same story from em-
the Federal Defenders of New York, to us tomorrow to advance this common-
sense legislation? ployers of all sizes. Kentucky’s labor
serve as a judge on the Second Circuit. force is still 90,000 workers below
Lee could become just the second I yield the floor.
I suggest the absence of a quorum. prepandemic levels. Nationwide, work-
Black woman to sit on this prestigious force participation has remained stag-
The ACTING PRESIDENT pro tem-
appeals court, a court that has never— nant for nearly a year. All the while,
pore. The clerk will call the roll.
never—had a former Federal defender The legislative clerk proceeded to prices for consumers are continuing to
on its roster. call the roll. creep up.
Just like Ms. Perez and Mr. Ho, Eu- Mr. MCCONNELL. Madam President, This is exactly what Republicans and
nice Lee will bring demographic and I ask unanimous consent that the order nonpartisan experts had warned
professional diversity to the Federal for the quorum call be rescinded. against months ago. We urged Demo-
bench. The three of them, in tandem, The ACTING PRESIDENT pro tem- crats not to force our country’s prom-
will bring dynamism, brilliance, and a pore. Without objection, it is so or- ising early recovery into a permanent
real diversity of experience to courts in dered. defensive crouch. Now, as States and
New York. business owners grapple with the con-
f
As a Senator from New York and as sequences, I hope Democrats in Wash-
majority leader, I am intent on restor- RECOGNITION OF THE MINORITY ington are paying attention and learn-
ing balance to a judiciary that has LEADER ing from this costly mistake.
been thrown out of whack by 4 years of The ACTING PRESIDENT pro tem- f
President Trump’s selections. pore. The Republican leader is recog-
f nized. SENATE AGENDA
f Mr. MCCONNELL. Now, Madam
PAYCHECK FAIRNESS
President, on another matter, after a
Mr. SCHUMER. Madam President, fi- ECONOMIC RECOVERY week of work with our constituents,
nally, on paycheck fairness, tomorrow, Mr. MCCONNELL. Madam President, the Senate reconvenes with a chance to
the Senate will decide whether to take on Friday, the U.S. job market got an- refocus on the most important issues
up legislation to address the gender other monthly checkup. Hiring in May facing our folks back home.
pay gap. was up from the previous month but Already on multiple occasions this
Right now in America, women earn, still fell short of the level experts and year, we have demonstrated that even
roughly, 82 cents for every dollar a American employers had hoped for. a narrowly divided Chamber is capable
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man makes. The gap is even wider for Of course, the highest expectations of taking productive, bipartisan steps
women of color. Even when you ac- for our economic recovery under Demo- on serious issues. Wide majorities have
count for educational attainment, cratic control were set by none other come together to extend access to the
Black and Latina women earn only 65 than the Democrats themselves. critical PPP loans, invest in drinking
to 70 percent of what a White man Back in February, the Biden adminis- water infrastructure, and equip the jus-
makes with the same degree, whether tration pointed to projections that its tice system to better combat hate
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June 7, 2021 CONGRESSIONAL RECORD — SENATE S3945
crimes against Asian Americans. This ward an agenda that is designed to fail, he inspired his followers to come to
week, the Senate is set to do the same and fail it will. Washington, DC, and participate in a
on legislation regarding competition f rally to protest, and not to come just
with China, and many of our colleagues any day but to come on January 6, 2021,
are working hard to make further con- RESERVATION OF LEADER TIME of this year because that is when the
sensus possible on issues that have his- The ACTING PRESIDENT pro tem- electoral college votes would be count-
torically enjoyed bipartisan support, pore. Under the previous order, the ed.
like transportation infrastructure. leadership time is reserved. We know what followed. We know
Remember, this sort of collaboration that mob was turned loose in the
f
on serious priorities is what the Amer- streets of Washington and turned loose
ican people insisted upon just last No- CONCLUSION OF MORNING on the Capitol Building, and those who
vember. They elected a 50–50 Senate, BUSINESS were here that day will never forget it.
shrunk Democrats’ majority in the The ACTING PRESIDENT pro tem- I can recall the Vice President of the
House, and took President Biden up on pore. Morning business is closed. United States being pulled from that
a promise to unite the country. So the chair you are sitting in, Madam Presi-
question at the outset of this work pe- f dent. He was taken out that door. It
riod is how Democrats will use their EXECUTIVE SESSION was about 2:15 in the afternoon. Then a
razor-thin majority over the next few member of the Capitol Police stood be-
---
weeks. Unfortunately, the Democratic fore us and warned us: Stay in your
leader already signaled his answer a EXECUTIVE CALENDAR seats. This will be a safe place to be.
week ago by laying out a June agenda The ACTING PRESIDENT pro tem- We are going to gather all the staff
that is transparently designed to fail. pore. Under the previous order, the around the walls here. Just sit tight.
As I understand it, Senate Democrats Ten minutes later, he came back and
Senate will proceed to executive ses-
intend to focus this month on the de- said: Change of plans. The mob is ad-
sion to resume consideration of the fol-
mands of their radical base: exploiting vancing on this Chamber as we speak.
lowing nomination, which the clerk
the cause of pay fairness to send a Leave immediately.
will report.
windfall to trial lawyers; saddling hos- Everyone picked up as fast as they
The legislative clerk read the nomi-
pitals, schools, and small businesses could and left.
nation of Julien Xavier Neals, of New It was a scene that seemed so unreal-
with crippling new legal burdens if
Jersey, to be United States District istic, you wouldn’t imagine it could
they fail to keep pace with ‘‘woke’’ so-
Judge for the District of New Jersey. happen in the Capitol of the United
cial norms; and opening an unprece-
The ACTING PRESIDENT pro tem- States of America. But the insurrec-
dented new front in the left’s war on
pore. The Democratic whip. tionist mob inspired by President Don-
the Second Amendment.
ELECTION PROTESTS ald Trump was here for business. They
As written, these are not proposals
aimed at earning bipartisan support. Mr. DURBIN. Madam President, were here to stop the ordinary course
They are not designed to clear the Sen- imagine this: In one of the great na- of business in the Senate and the
ate’s necessarily high bar for ending tions of the world, there is a con- House, which would announce at the
debate. Bizarrely, it appears they are troversy over transition of power, the end of the day the selection of Joseph
being floated in order to illustrate that peaceful transfer of power. And in this Biden as our new President.
the bar is too high. country, those who are about to lose Now a parallel is taking place in
After a spring in which the Senate power are concerned—so concerned Israel, and a new coalition to replace
has repeatedly passed mainstream leg- that their backers are turning to the Benjamin Netanyahu is being con-
islation by wide margins, Democrats streets. They plan on demonstrations tested by those who are going to march
have decided that now—now is the time against the supposed new leadership in in the streets. The Israeli leaders—at
to argue that the legislative process is their country, and people fear violence. least those in the security services—
somehow broken. It was against this background that are begging people not to do it.
Let’s not forget the Democrats’ post- Nadav Argaman, the director of Shin I put that in context to think that
er child for why the Senate should Bet, Israel’s internal security service, that idea in the United States some-
change its rules is a bill that would made a rare public intervention on Sat- how has taken root in Israel. I pray
forcibly change the rules for elections urday night, warning of discourse that that nothing happens. I want nothing
in every State in America. is ‘‘liable to be interpreted by certain to happen there. But we should be fore-
Let me say that again. Democrats’ groups or by individuals as one that warned to take this seriously. There
poster child for why the Senate should permits violent and illegal activity are forces at work in the United States
change its rules is a bill that would that is liable, heaven forbid, to reach and Israel and other countries to stop
forcibly change the rules for elections mortal injury.’’ Without mentioning the orderly transfer of power in a
in every State in America. any politicians directly, Mr. Argaman democratic nation. We ought to take
Their marquee bill, S. 1, is such a added, ‘‘It is our duty to come out with that seriously. We ought to take it so
brazen political power grab that the a clear and decisive call to stop imme- seriously that we appoint a bipartisan
question isn’t whether it could earn bi- diately the inciting and violent dis- Commission to investigate what hap-
partisan support; the question is how course. The responsibility for calming pened here on January 6, 2021.
wide the bipartisan opposition will be. spirits and reining in the discourse Just a few weeks ago, Republican
This is the bill the Democratic leader rests on all of our shoulders.’’ Members of the House of Representa-
has placed at the vanguard of his cam- I bring this matter to the floor of the tives were dismissing the January 6th
paign to destroy the filibuster, even Senate because it parallels what we en- events, the mob action here in the Cap-
though multiple Members of his own dured and experienced just a few itol, and saying that they were some-
majority are now on the record object- months ago. I am sure you remember it how ‘‘orderly tourists.’’ That is what
ing to it. well, Madam President. I do. The elec- one of the Congressmen said, a Con-
So make no mistake: Failing to sell tion last November, which was won by gressman from Georgia, a Republican.
reckless, wholesale changes to our de- Joseph Biden over Donald Trump, the Those were ‘‘orderly tourists.’’ Look at
mocracy isn’t proof that the guardrails incumbent President, by some 7 mil- those videos and imagine under any
should be removed; it is a reminder lion votes—one of the largest turnouts, circumstance that you would describe
that they are there for a reason. if not the largest turnout, in the his- them as ‘‘orderly tourists.’’ They
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The American people rightly expect a tory of the United States. It was a de- weren’t orderly tourists when you see
50–50 Senate to spend its time finding cisive electoral college victory in the five people losing their lives as a result
common ground, but our Democratic same margin that Trump had tri- of their actions and 140 of our law en-
colleagues seem to believe that the umphed over Hillary Clinton just a few forcement officials being personally at-
most important expectations are those years before. Yet, because of the Big tacked, many of them still bearing the
of their far-left fringe. They put for- Lie and the denial by Donald Trump, scars of that day.
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