Congressional Record — Senate, July 21, 2022

Summary

This Senate section of the Congressional Record for July 21, 2022 (S3596 and S3597) opens with a rollcall vote announced as yeas 66 and nays 23, after which the nomination was confirmed. Schumer moves to concur in the House amendment to a bill with an amendment, offers further amendments to modify the effective date, and says the Senate has received a message from the House of Representatives. Sullivan's Alaskan of the Week tribute honors Betsy Lawer of First National Bank of Alaska.

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“Congressional Record — Senate, July 21, 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-07-21-crec-2022-07-21-pt1-pgs3596-2-14995ae59e/, SHA-256 9a20a8d59f01d6a830e8bef57f66707c1298fe932cf3897f4e0748a411cbaaed.

Full text

S3596 CONGRESSIONAL RECORD — SENATE July 21, 2022
from North Dakota (Mr. CRAMER), the MOTION TO CONCUR (Purpose: To add an effective date)
Senator from Louisiana (Mr. KENNEDY), Mr. SCHUMER. I move to concur in At the end add the following:
the Senator from Oklahoma (Mr. the House amendment to S. 3373. SEC. EFFECTIVE DATE.
LANKFORD), the Senator from South The PRESIDING OFFICER. The This Act shall take effect on the date that
Carolina (Mr. SCOTT), and the Senator clerk will report the motion. is 3 days after the date of enactment of this
from North Carolina (Mr. TILLIS). The senior assistant legislative clerk Act.
The result was announced—yeas 66, read as follows: Mr. SCHUMER. I ask unanimous con-
nays 23, as follows: The Senator from New York [Mr. SCHUMER] sent that further reading of the motion
[Rollcall Vote No. 267 Ex.] moves to concur in the House amendment to be dispensed with.
YEAS—66 S. 3373. The PRESIDING OFFICER. Without
Baldwin Gillibrand Murray The PRESIDING OFFICER. Without objection, it is so ordered.
Bennet Graham Ossoff objection, it is so ordered. Mr. SCHUMER. I ask for the yeas
Blackburn Grassley Padilla
MOTION TO CONCUR WITH AMENDMENT NO. 5148 and nays.
Blumenthal Hagerty Peters
Booker Hassan Portman Mr. SCHUMER. I move to concur in The PRESIDING OFFICER. Is there a
Boozman Heinrich Reed the House amendment to S. 3373 with sufficient second?
Brown Hickenlooper Rosen
an amendment. There appears to be a sufficient sec-
Burr Hirono Rounds ond.
Cantwell Hoeven Sasse The PRESIDING OFFICER. The
Capito Kaine Schatz clerk will report the motion with an The yeas and nays are ordered.
Cardin Kelly Schumer amendment. AMENDMENT NO. 5151 TO INSTRUCTIONS
Carper King Shaheen Mr. SCHUMER. I have an amendment
Casey Klobuchar Sinema The senior assistant legislative clerk
Cassidy Luján Stabenow read as follows: to the instructions at the desk.
Collins Manchin Tester The Senator from New York [Mr. SCHUMER] The PRESIDING OFFICER. The
Coons Markey Toomey moves to concur in the House amendment to clerk will report.
Cornyn McConnell Van Hollen
Cortez Masto Menendez Warren
S. 3373 with an amendment numbered 5148. The senior assistant legislative clerk
Duckworth Merkley Whitehouse The amendment is as follows: read as follows:
Durbin Moran Wicker The Senator from New York [Mr. SCHUMER]
(Purpose: To add an effective date)
Feinstein Murkowski Wyden proposes an amendment numbered 5151 to
Fischer Murphy Young At the end add the following:
the instructions of the motion to refer.
SEC. EFFECTIVE DATE.
NAYS—23 The amendment is as follows:
This Act shall take effect on the date that
Barrasso Hyde-Smith Romney is 1 day after the date of enactment of this (Purpose: To modify the effective date)
Braun Inhofe Rubio
Cotton Johnson
Act. On page 1, line 3, strike ‘‘3’’ and insert ‘‘4’’.
Scott (FL)
Crapo Lee Shelby Mr. SCHUMER. I ask unanimous con- Mr. SCHUMER. I ask unanimous con-
Cruz Lummis Sullivan sent that further reading of the amend-
Daines Marshall sent that further reading of the amend-
Thune ment be dispensed with.
Ernst Paul Tuberville ment be dispensed with.
Hawley Risch The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without
NOT VOTING—11 objection, it is so ordered. objection, it is so ordered.
Mr. SCHUMER. I ask for the yeas Mr. SCHUMER. I ask for the yeas
Blunt Leahy Tillis
Cramer Sanders Warner
and nays. and nays.
Kennedy Scott (SC) Warnock The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a
Lankford Smith sufficient second? sufficient second?
The nomination was confirmed. There appears to be a sufficient sec- There appears to be a sufficient sec-
The PRESIDING OFFICER (Mr. VAN ond. ond.
HOLLEN). Under the previous order, the The yeas and nays are ordered. The yeas and nays are ordered.
motion to reconsider is considered AMENDMENT NO. 5149 TO AMENDMENT NO. 5148
AMENDMENT NO. 5152 TO AMENDMENT NO. 5151
made and laid upon the table, and the Mr. SCHUMER. I have an amendment Mr. SCHUMER. I have a second-de-
President will be immediately notified at the desk. gree amendment at the desk.
of the Senate’s action. The PRESIDING OFFICER. The
The PRESIDING OFFICER. The
f clerk will report.
clerk will report.
The senior assistant legislative clerk
LEGISLATIVE SESSION The senior assistant legislative clerk
read as follows:
read as follows:
The PRESIDING OFFICER. The Sen- The Senator from New York [Mr. SCHUMER]
ate will now resume legislative session. proposes an amendment numbered 5149 to The Senator from New York [Mr. SCHUMER]
amendment No. 5148. proposes an amendment numbered 5152 to
The majority leader.
amendment No. 5151.
f The amendment is as follows:
The amendment is as follows:
SERGEANT FIRST CLASS HEATH (Purpose: To modify the effective date)
(Purpose: To modify the effective date)
ROBINSON HONORING OUR PROM- On page 1, line 3, strike ‘‘1 day’’ and insert
‘‘2 days’’. On page 1, line 3, strike ‘‘4’’ and insert ‘‘5’’.
ISE TO ADDRESS COMPREHEN-
SIVE TOXICS ACT OF 2022 Mr. SCHUMER. I ask unanimous con- Mr. SCHUMER. I ask unanimous con-
sent that further reading of the amend- sent that further reading of the amend-
Mr. SCHUMER. Mr. President, it is my ment be dispensed with.
ment be dispensed with.
understanding the Senate has received The PRESIDING OFFICER. Without
The PRESIDING OFFICER. Without
a message from the House of Rep- objection, it is so ordered.
objection, it is so ordered.
resentatives to accompany S. 3373. Mr. SCHUMER. I suggest the absence
MOTION TO REFER WITH AMENDMENT NO. 5150
The PRESIDING OFFICER. The Sen- of a quorum.
ator is correct. Mr. SCHUMER. I move to refer S.
3373 to the Committee on Veterans’ Af- The PRESIDING OFFICER. The
Mr. SCHUMER. I ask the Chair to lay clerk will call the roll.
before the Senate the message to ac- fairs with instructions to report back
forthwith with an amendment. The senior assistant executive clerk
company S. 3373. proceeded to call the roll.
The PRESIDING OFFICER. The The PRESIDING OFFICER. The
clerk will report. Mr. SULLIVAN. Madam President, I
Chair lays before the Senate the mes- ask unanimous consent that the order

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sage from the House. The senior assistant legislative clerk
read as follows: for the quorum call be rescinded.
The senior assistant legislative clerk The PRESIDING OFFICER (Ms. COR-
read as follows: The Senator from New York [Mr. SCHUMER]
moves to refer the bill to the Committee on TEZ MASTO). Without objection, it is so
Resolved, That the bill from the Senate (S. ordered.
3373) entitled ‘‘An Act to improve the Iraq Veterans’ Affairs with instructions to report
and Afghanistan Service Grant and the Chil- back forthwith with an amendment num- TRIBUTE TO BETSY LAWER
dren of Fallen Heroes Grant.’’, do pass with bered 5150. Mr. SULLIVAN. Madam President, it
an amendment. The amendment is as follows: is Thursday, and we are back at it with

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July 21, 2022 CONGRESSIONAL RECORD — SENATE S3597
our Alaskan of the Week series. We nesses and communities throughout accolades and awards, including being
have been doing this for, geez, 6 years the State, part of her family tradi- named one of the top banks in Amer-
now, I think. tion—the Cuddy family—for 100 years. ica, and it was recognized in 2013 as one
For the new pages, this is usually So let’s talk about Betsy and the of America’s most trustworthy compa-
kind of the signal of the end of the family. She is the president of the nies by Forbes magazine.
week but also some really cool stories First National Bank of Alaska and also You can see the Cuddy family integ-
about Alaska. We know it is your fa- part of a really impressive family that rity in this institution. But the most
vorite. has run this bank for decades in Alas- important thing about First National
We think some of the reporters in ka. Bank of Alaska’s mission statement is
town like it because it signals kind of So here is the beginning: Literally that it is what drives the bank: Success
the end of the week for them. But I with a vault full of gold nuggets and depends on taking care of the commu-
want to talk about, first, what is kind untanned animal pelts, that was their nity, employees, and customers. If the
of going on in Alaska. Right now, the original deposits. In 1922, First Na- community isn’t strong, businesses
sun is high in the sky through much of tional was founded then in what was won’t be strong, the bank won’t be
the day. Some places up north are get- part of the rough-and-tumble tent city strong.
ting 24 hours of sunlight; midnight sun, of Anchorage. Anchorage was referred So, Betsy, one of Dan and Betti’s six
we call it. to as a tent city. children, was raised on those tenets
In Anchorage, we are getting about In 1930, the patriarch of the Cuddy that I just talked about. She saw how
18 hours, but that starts to decline real family, Warren Cuddy, began buying they worked firsthand.
quick. But even when the sun sets, it is stock in the bank. By 1941, he pur- On Saturdays, she would join her fa-
more of a twilight look than real night. chased controlling interest, and War- ther Dan while he went on his outings
So you have got to come up and visit; ren became the bank’s president. Then, visiting customers. Sometimes those
you will love it. It has been pretty one of his sons, at that time, joined the visits happened in Anchorage, where
rainy in parts of the State. We needed bank’s board—this is Dan Cuddy, the she would politely listen to business
that rain. legendary Dan Cuddy, Betsy’s dad. His being discussed and then grab a late
But it can’t dampen the magnificent service was remarkable. First, I would breakfast at Peggy’s, a mainstay in
grandeur of Alaska. So, again, if you like to talk briefly about Dan Cuddy’s Anchorage. Sometimes they would
are watching on TV, you want to come service as an Alaskan veteran in World jump into a prop plane and head out to
up, have the vacation of a lifetime, do War II. rural Alaska, where she learned so
He served as a captain in the 1255th
it. The fish are running. We are having much about that part of our great
Engineer Combat Battalion, which was
a banner year for sockeye salmon. The State.
attached to General George Patton’s
rivers all across the State are choked Betsy said she loved those visits and
Third Army. Dan fought in the Battle
with them. she learned, in the ways that children
of the Bulge in Luxembourg and was
Last weekend, actually, I partook at do, that helping people realize their
one of the troops who assisted in the
a particular unique Alaskan tradition hopes and their dreams is what her fa-
discovery and then closing of the Bu-
with my wife and a couple buddies of ther did, what their business did, and
chenwald concentration camp. This is
mine. We went dipnetting—dipnetting. why it was so important to so many
an American hero.
That is on the Kenai River. That is ac- And, by the way, throughout his en- Alaskan communities.
tually when there is so much fish you tire career, I was so honored to meet Jump forward to September 10, 1969.
actually put a pole with a net at the with Dan Cuddy before he passed away Betsy was a college student at Duke,
end, and you just put it in the water— in 2015. Throughout his incredible ca- spending her summers, as she always
boom. You just start to catch them. reer, one thing he talked a lot about did, working at the bank as a secretary
And you know, people go, Well, can was the unspeakable atrocities that he at the bank.
you tell if there is a fish in your net? saw in World War II, so it would never Just down the street from First Na-
I am like, Oh, yeah, you can tell. happen again. tional in downtown Anchorage, the
So my wife and I and our friends, we So Dan Cuddy comes back from Prudhoe Bay oil lease sale was under-
caught 36 beautiful sockeye salmon World War II—warrior patriot, war way. This is the giant oilfield in Alas-
yesterday—or last weekend, about 5 hero. He becomes a lawyer, and in 1951, ka—oil and gasfield. The first big lease
hours of fishing. It was great. We just he becomes the bank president. And sale by the State. It was a huge event
loved it. the Cuddy family’s involvement, again, for our Nation, huge event for Alaska.
So fishing, hunting, feeding our fami- throughout our State is legendary. Back then, the country needed Alas-
lies from our land and waters is a big The bank thrived after that under ka oil and gas, just like today our
part of our life in Alaska. These tradi- Dan’s leadership. It grew with the country needs Alaska oil and gas.
tions bind us. They keep us together as State. It helped Alaskans rebuild after On that day in September 1969, Betsy
a State, as a community, as families. the huge 1964 earthquake. remembers looking out the window of
Our longstanding businesses are also By the way, do you want to read the bank. She said the streets were
part of the fabric of our State, particu- about a huge earthquake? It was 9.2 on completely empty, like the ‘‘Twilight
larly the ones that have grown up with the Richter scale, one of the biggest Zone.’’ Everybody was huddled in front
our State. When the State’s done well, earthquakes ever recorded. It de- of their radios, listening to the lease
they have done well. When the State stroyed cities, tsunamis. It lasted al- sale that would change Alaska and, in
struggled, they struggled; but they most 5 minutes. Think about that, sit- many ways, America forever.
have hung in there. And we want to ting through an earthquake for 5 min- First National Bank of Alaska—the
celebrate these businesses and the fam- utes. Cuddy family’s bank where she was
ilies that have run them. And the bank the whole time kept working, her dad was president then—
And the great Alaskan we are hon- supporting communities, and it con- was assisting Bank of America on the
oring today as our Alaskan of the week tinues to do that. It was among the lease sale.
is Betsy Lawer. And she is part of an first in the Nation to distribute check After the sale, get this image, Betsy
amazing family in an amazing business image statements to its customers in got a ride back to the east coast on a
in Alaska—First National Bank of the 1990s. The only bank in America to jet with bank executives headed to New
Alaska, which this year is celebrating welcome dog mushers through drive- York to directly deposit the $900 mil-
its 100th anniversary. lion check that was made out to the

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throughs. Yes, think about that image.
So it started in 1922. This amazing fi- And it is probably certainly the only State of Alaska—that is about 7 billion
nancial institution has been part of the bank in America that has a branch in today’s money—that got our State
landscape of Alaska—good times, dif- that is bilingual both in English and up and moving. She was on that plane
ficult times—for 100 years. Betsy has Yupik. That is the branch in Bethel, 1 depositing that money. Imagine the ex-
been at the helm, a strong, sturdy force of 19 branches across America. citement that she felt then.
helping to guide this incredible busi- First National Bank of Alaska—100 The first thing Betsy did after that
ness and, by extension, other busi- years of service—has received so many when she got back to Duke was to

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S3598 CONGRESSIONAL RECORD — SENATE July 21, 2022
change majors from interior design to This is important legislation. As I guage in that came back over here, it
economics, which was probably a good mentioned, I have supported it and its is a concern, and it should concern
move for a future bank president. Senate iterations when we passed it every single American, every single
Two years later—she didn’t even wait out of the Senate, out of committee in Senator.
for her graduation ceremony—she came the Commerce Committee, but I have We need all of our strengths to com-
back to Alaska and immediately got to concerns. I have concerns, and I am pete with China, and to not use the
work. Now, because management pro- going to mention a few of them briefly strength of American energy—‘‘all of
grams back then were mostly for men, and then one concern that permeates the above’’ energy—is nuts. Hopefully,
Betsy started from the bottom up— so much of what has been happening this administration is waking up to
teller, clerk, secretary—which she said here in the U.S. Senate over the last that, but it hasn’t been a great record
later in life gave her an advantage year and a half that is really important at all in terms of that.
when she began processing loans for to me and my constituents. And I am There is another provision, some-
the bank because she knew exactly how asking my Senate colleagues—my thing that built on a provision that I
it all worked and the people at every Democratic Senate colleagues—to help tried to get that I did get in the origi-
level in that bank. She knew the bones me on something that I don’t think a nal USICA bill that Senator PORTMAN
of the bank and the banking industry. lot of them maybe even know that they has now put forward with Democrats
Throughout the years, as the bank are doing, but let me get to the con- and Republicans, a provision to make
has grown, our Alaskan of the Week, cerns. sure that all of these Federal dollars
Betsy, has grown with it. She became First, on the chips provision—this that are going to be in this bill do not
president of the bank in 2013, CEO in isn’t a concern. This is what Senator go to Chinese researchers working in
2018, and she is also the board presi- WARNER, Senator CORNYN, and many our facilities—in research facilities, in
dent. others have focused on—really impor- university facilities—and then take
She is a mother, a wife, an active tant to shore up semiconductor manu- them back to China.
member of the community. She is a facturing in America. At a recent hearing, FBI Director
great community banker, and I will Now, look, my State, unfortunately, Wray said this is one of the biggest
tell you this. During the pandemic, is not one that is competing right now threats our country faces, the counter-
there was no financial institution that hard for a big fabrication plant. I un- intelligence perspective with regard to
was more dedicated to getting the PPP derstand that. We have other assets the Chinese Communist Party. He said:
loans out to small businesses in Alaska like energy I am going to talk about They are targeting our innovation, our
than First National Bank of Alaska here in a minute, but wherever this trade secrets, our intellectual property on a
and Betsy Lawer. They did an incred- government support for the chips in- scale that’s unprecedented in history.
ible job. dustry is going to go in America, I So if we are going to spend all these
Betsy helps people in our State real- think it is really important because Federal dollars on American research
ize their hopes and dreams, and for this industry is like energy. It is so im- at American research institutions and
Betsy, it all comes down to having a portant to America, and we can’t let American universities, we need strong
deep understanding and caring for the China outcompete us in that area. guardrails to make sure it doesn’t fall
community—the many communities But let me talk about a couple con- into Chinese hands.
that they serve. ‘‘You can’t automate cerns. First, on energy, one of the big- Senator PORTMAN has done a great
those relationships,’’ she said. gest areas that we can compete against job on this. It is a commonsense
So I want to thank Betsy, the Cuddy China that they are scared about com- amendment. Apparently, some have
family, congratulate the First National peting with us is our incredible natural had concerns that this amendment
Bank of Alaska—100 years of service to resources, ‘‘all of the above’’ resources, would be ‘‘racist.’’ That is ridiculous.
our great State, what an amazing all of our energy. We need to prevent China from stealing
record. And I want to congratulate If you read the intel and you see our intellectual property. Period. It is
Betsy on perhaps one of her most pres- what China’s leadership is worried not racist; it is common sense. I hope
tigious awards ever: being Alaskan of about, one thing they are worried we can make sure that amendment
the Week. about is American energy dominance. gets in.
CHIPS ACT OF 2022 So I have worked hard on this legis- But I want to go into a little detail
Madam President, we have been dis- lation for a year and a half to make on the final issue that I have with this
cussing on the Senate floor the USICA sure that when we are looking at re- bill. And to be honest, it is kind of
bill, the America Competes bill, the search—advanced research that this shocking that a bill focused on com-
bill that is supposed to focus on our legislation is going to fund—it needs to peting with China—once again, from
ability to outcompete the Chinese com- include all energy. the Democratic side of the Senate or
munist economy, and I can think of It has been a struggle, I will admit. the House, I don’t know where it comes
very little legislation more important Some of my Democratic colleagues, from—has provisions that actually tar-
than this. certainly the Biden administration, get in a negative way Alaska Natives.
This is an issue that since I arrived have this thing where they don’t like OK?
in the Senate in 2015, I started talking certain areas of energy—oil and gas in This is an issue that, to be honest, I
about the importance of a broad-based particular. They have targeted it. They am kind of flabbergasted. It comes up
strategy as it relates to China and want to put it out of business. It makes everywhere. It is discrimination. It is
outcompeting China and recognizing no sense. It is probably the biggest racial discrimination—good old-fash-
that they don’t play fair, that they strategic blunder of the Biden adminis- ioned racial discrimination—that I
steal, that they subsidize, that they co- tration across so many areas—tar- thought we tried to get rid of in this
erce, and yet they are a huge entity in geting and unilaterally disarming country a long time ago, and it keeps
the global economy so we need a strat- American energy, when it is one of our popping up.
egy to deal with them. greatest comparative advantages. I am tired of it, and, remarkably, it
And this bill that we are now debat- Unfortunately, some of the language popped up in the bill that competes
ing on the Senate floor, the U.S. Inno- coming back over from the House con- against China. So I am sure a lot of
vation and Competition Act of 2021, tinues this trend, and I am very con- you are saying: Well, jeez, how did that
USICA is something that I, with a cerned that we would have a bill that happen? I want to explain because I
number of other Senators, have worked could give Federal bureaucrats the op- really want my colleagues, many of

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hard on for literally over the last year portunity to continue to target Amer- whom I am convinced have no idea
and a half, and I want to thank a num- ican energy, as opposed to help bolster what is going on, to understand what is
ber of Senators who have put their it in our competition with China. happening. And it happens again and
heart and soul into this legislation, So that is one concern. It wasn’t in again, and to be honest, it shouldn’t.
commend them: Senators YOUNG, SCHU- the Senate bill. I made sure of that. I hope some people in our media fi-
MER, WICKER, CANTWELL, WARNER, COR- But now after some of the far-left nally write about this. I think it is
NYN. Members in the House got to put lan- shameful.

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July 21, 2022 CONGRESSIONAL RECORD — SENATE S3599
But I am going to explain it here Unfortunately—unfortunately—as I would call that good old-fashioned
right now. Here is the issue. In Alaska, opposed to being viewed as $8 billion, racial discrimination.
we have a very big indigenous popu- the biggest historic investment in In- If that happened, if a Republican
lation—wonderful people, incredible dian communities in history, there was Congress did that, to say a group of Af-
people, amazing people. It is almost 20 a dispute, and certain groups said: Hey, rican Americans or Hispanic Ameri-
percent of the population of my State. we got this $8 billion, but we don’t cans or Asian Americans, the New
They bring culture, heritage, values. want this group to get anything. We York Times and the Washington Post
By the way, they have been there for don’t want this group, ANC members, would be going crazy—rightfully so, by
tens of thousands of years. This is real- to get any of that $8 billion. the way.
ly important to me and to Senator Remarkably, the majority leader in a This happened. This happened.
MURKOWSKI. Congress—Congress, not tweet attacked the Assistant Secretary OK, I don’t know why. I would love it
the Native people, the Congress of the of the Interior, an Alaska Native if one of my Senate colleagues came
United States—over the course of woman of impeccable integrity, saying down and said: Hey, Dan, here is why
many years, essentially, has classi- somehow that these members getting we went to great lengths to exclude
fied—we in the U.S. Senate have classi- any of that money was corrupt. Of tens of thousands of Alaska Native in-
fied—Alaska Natives into two broad course, that was ridiculous. One of the digenous people from getting relief.
categories. There are Tribal members, Senate Democrats here, Senator Udall, Here is why we did that to you.
which is this circle here, and there are launched an investigation of this in- I would love for somebody to tell me
members of Alaska Native Corpora- credible Assistant Secretary of the In- that.
tions. They are in this circle here. terior, an Alaska Native woman, on They haven’t.
Now, a lot of the indigenous people of this charge. It was refuted. It was ri- I think it is wrong. I think most peo-
Alaska are both Tribal members and an diculous. It was sad. ple who know about it probably would
ANC members. Some are not both. By the way, Senator Udall apologized be like: Jeez, I didn’t know we had $20
Some are just Tribal members. Some to her. Our Ambassador to New Zea- billion for Tribes, but we specifically
are ANC members. land right now apologized to this in- excluded this group. Was it because we
But we are talking about tens of credible Alaska Native woman, saying: were mad about the Supreme Court
thousands of indigenous people. So Do you know what? That was probably case?
whenever we work on legislation that really bad. I am sorry. I don’t know. But here is the thing.
benefits the Alaska Native people—but It was bad. Back to the USICA bill, there is a lot
American Indians, writ large—what we So what happened is that you had a of money going to universities.
always try to do is say: Remember, group saying: Let’s exclude this group Mr. CARDIN. Madam President, I am
Congress did this. The Native people of tens of thousands of Alaska Natives wondering if my colleague would yield
didn’t do this. So let’s make sure that from getting any CARES money. for 1 minute.
we cover everybody. Let’s make sure Well, look, we wrote the language. Mr. SULLIVAN. I am finishing up. So
everybody is included. You wouldn’t We knew that the language was inclu- I am not going to yield. It is important
want to discriminate against one of sive of everybody. So that, unfortu- to me, to my colleague from Maryland.
these groups. They are all indigenous nately, went all the way to the U.S. There is a lot of money going to uni-
people. Supreme Court. The Trump adminis- versities.
So that is what me, Senator MUR- tration and, to its credit, the Biden ad- This is really important to me, and I
KOWSKI, Ted Stevens—every Senator, ministration said: No, the language of have been wanting to give this speech
every great Congressman, our great the CARES Act included all Alaska Na- for a long time.
Congressman Don Young, whom we tives. Why would we discriminate one There is a lot of money going to in-
just lost—we have been doing that for against the other? stitutions for research to compete
decades. So we won that. That was the way it against China. There are specific provi-
All of a sudden this has become con- was written. I had a lot to do with sions that say: Hey, there is going to be
troversial to some Members, to some writing it. So I know. But that is just money that goes to Native American
groups. This group, the ANC members, fair. OK, so that is what happened. groups. That is great. They have a lot
these are indigenous people of Alaska So then my Democratic colleagues to bring to this battle with China.
designated as ANC members, not by write the American Recovery Act. The But that provision that came over
themselves but by the Congress, OK? $2 trillion relief package, with $20 bil- from the House—guess what it did. It
So here is what happened. Here is the lion for American Tribes. But do you said: Not to this group. Not to this
beginning. It is sad, and I am going to know what came out of that package? group.
talk about it. It shouldn’t happen, and Express language written by my Demo- So do you see where I am going with
I really want my Democratic col- cratic colleagues saying that of the $20 this?
leagues to help me stop this because if billion, every Native group in America I have no idea why Democrats in the
you put another minority group in and gets some of that money, but this House and Senate want to keep tar-
talked about what is happening to the group—tens of thousands of ANC mem- geting this group of indigenous people.
Native people of Alaska, people would bers in Alaska—we are going to make Imagine if Republicans did this to a
be shocked. The New York Times and sure they don’t get any of that. minority group in Maryland or New
the Washington Post would write front That happened, right here on the York.
pages stories about official discrimina- Senate floor. I have no idea why. But it is happening, and it is hap-
tion by the U.S. Senate against a mi- Let me just pose a counterfactual. pening even in this bill. So that is an-
nority population. But for whatever Imagine you had Congress say there other big concern I have of this bill,
reason, it seems to be OK to do it are two groups of minorities. Let’s say this continuation of—I have no idea. I
against Alaska Natives. But it is not not two groups but Asian American mi- would love it for someone to come
OK. norities in New York, group A, group down and say: Hey, Dan, here is why we
Here is what happened. In the CARES B—Congress categorized them, not discriminate against tens of thousands
Act we had this historic funding, $8 bil- themselves—or African Americans, of indigenous people in your State.
lion for the Native people of America. group A, group B; or Hispanic Ameri- But it is happening. I sure hope my
We wrote a definition. I was very in- cans, group A, group B, in the State of colleagues listen to this. Maybe the
volved with it. Everybody cleared on New York—just in the State of New New York Times or the Washington

SSpencer on DSK126QN23PROD with SENATE
it—Indian Affairs, majority, minority. York. And a Republican Congress said Post would write about it once.
That included all indigenous people of we are going to do a giant relief pack- But just a ceasefire—when we are
Alaska—OK, just like we include all in- age for that minority group across the trying to help Native people in Amer-
digenous people of Nevada and New country. But, group B in New York, we ica, in Alaska we want to help them
Mexico. We wanted to cover with $8 bil- are going to expressly exclude you all. Remember, this is how Congress
lion in the CARES Act the very vulner- from getting any money. set up these groups, not the people. So
able populations, all the Native people. What would you call that? all I ask is let’s kind of do what we did

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S3600 CONGRESSIONAL RECORD — SENATE July 21, 2022
in the CARES Act for all legislation. in the act could allow a repeat of the same But the Congress may at any time [by law]
But I and Senator MURKOWSKI are destructive path that occurred in 2021. make or alter such Regulations.
going to scrub every piece of darn leg- The Washington Post has written We have the power here, and that is
islation that comes out of here, and we several editorials on this subject as what the Electoral Count Act is about.
are going to start calling out people, well. The June 19, 2022, editorial in the Article II, section 1 of the Constitu-
asking: Why are you discriminating Post entitled ‘‘Fix the electoral count tion provides:
against tens of thousands of people in law now, before Trump tries to exploit Each State shall appoint, in such Manner
my State who are indigenous? it again’’ reviewed the recent House as the Legislature thereof may direct, a
Wrong. It is inexplicable, and it is committee hearings on the January 6 Number of Electors, equal to the whole Num-
even in the darn bill to compete with insurrection. The editorial wrote: ber of Senators and Representatives to which
the State may be entitled in the Congress.
China. And I sure hope my colleagues The House committee investigating the
will work with me to start making sure Jan. 6, 2021, Capitol attack heard damning The Constitution also provides:
this doesn’t happen anymore. testimony detailing how President Donald The Congress may determine the Time of
Trump and a coterie of partisan lawyers ad- choosing of the Electors, and the Day on
I yield the floor.
vanced a dangerous argument: that the vice which they shall give their Votes; which Day
f president has the legal authority to overturn shall be the same throughout the United
a presidential election when Congress meets States.
SIGNING AUTHORITY
to count electoral college votes. Trump offi-
The PRESIDING OFFICER. The Sen- cial after Trump official testified that they
The 12th Amendment to the Con-
ator from Maryland. knew it was wrong. John Eastman, a lawyer stitution, ratified in 1804, sets out a
Mr. CARDIN. Madam President, I ask who advocated for the theory, acknowledged framework for Congress to tally and
unanimous consent that Senators COR- as much in front of Mr. Trump on January 4, count the electoral votes from the
TEZ MASTO, CARDIN, and HICKENLOOPER
according to testimony from Greg Jacob, States. Congress later passed the Elec-
who was Vice President Mike Pence’s gen- toral Count Act, the ECA, in 1887, in
be authorized to sign duly enrolled eral counsel. But Mr. Trump and his allies
bills or joint resolutions from July 21, the aftermath of a contested Hayes-
nevertheless waged a relentless public cam- Tilden Presidential election of 1876 in
2022, until July 25. paign to pressure Mr. PENCE to betray the
The PRESIDING OFFICER. Without Nation’s democracy. Belief in this antidemo-
which States sent competing slates of
objection, it is so ordered. cratic nonsense spurred the January 6 mob, electors to Congress.
which infamously chanted, ‘‘Hang Mike Our legislation takes several key
f steps to modernize the ECA and reduce
Pence.’’
ELECTORAL COUNT ACT WORKING The Post editorial continued: the opportunity for constitutional mis-
GROUP Americans went most of their history chief when it comes to Congress prop-
without having to worry seriously about ar- erly counting the electoral votes of the
Mr. CARDIN. Madam President, for
cane electoral college procedures. Even in States.
the past 6 months, I have been pleased closely fought, acrimonious presidential First, the legislation helps to make
to work with a bipartisan working elections, losing candidates accepted their it easier for Congress to identify a sin-
group of about a dozen Senators for po- defeats with grace rather than seeking the gle, conclusive slate of electors from
tential reforms of the Electoral Count vulnerabilities in the law to exploit. The
each State. The legislation requires
Act and some related matters. I par- country no longer has that luxury. Congress
should have no higher priority than fixing each State’s Governor as responsible
ticularly want to thank our leaders of
the electoral college process. for submitting the certificate of ascer-
that bipartisan group, Senators COL-
The recommendations that are com- tainment identifying that State’s elec-
LINS and MANCHIN, for organizing the
ing out of this bipartisan group would tors. A State may designate another
group, keeping us focused on getting
do just that—fix the Electoral Count individual besides the Governor to
results, and leading to a process that
Act. carry out this function, such as the
has resulted in a positive outcome.
I want to thank the work of the Secretary of State, if such an indi-
This week, we are unveiling our pro-
American Law Institute, which con- vidual is named before the election day
posed legislation. Our legislation, the
vened a bipartisan working group to itself.
Electoral Count Reform and Presi-
consider possible ECA reforms. In par- Again, the State executive official
dential Transition Improvement Act of
ticular, I want to thank cochairs Bob reporting their electoral votes to Con-
2022 will reform and modernize the
Bauer and Jack Goldsmith for their gress must do such ‘‘under and in pur-
badly outdated 1887 ECA. In 1887, the
contributions to our efforts. I also suance of the laws of such State pro-
Electoral Count Act was passed. It is in
want to thank the staff at Protect De- viding for such ascertainment enacted
bad need of reform.
mocracy for their suggestions and prior to election day.’’
On July 18, 2022, the Wall Street
work here. Our legislation, therefore, seeks to
Journal ran an editorial authored by
Our legislation aims to ensure that avoid circumstances in which a State
former President Jimmy Carter and
Congress can accurately and correctly attempts to change the rules after elec-
former Secretary of State Jim Baker,
tally the electoral votes cast by the tion day due to political pressure that
who had previously served as Chief of
States, which should be consistent may arise if a particular favored can-
Staff for President Reagan. In this edi-
with each State’s popular vote for didate loses the election.
torial they wrote:
President and Vice President of the Congress could not accept a slate of
We stand on opposite sides of the partisan electors from an official not authorized
divide, but we believe it is better to search United States. Our legislation clarifies
for solutions together than to remain di- some of the ambiguities in terms of the to do so by State law enacted prior to
vided. This is particularly true of a vexing appropriate State and Federal roles in election day. Our legislation provides
problem that could wreak havoc during the selecting the next President and Vice that States following these rules will
2024 presidential election: the inadequacy of President of the United States as set have their appointments of electors
the Electoral Count Act of 1887. forth in the U.S. Constitution. treated as conclusive by Congress sub-
The act is an antiquated, muddled and po- In our constitutional system, elec- ject to any subsequent State or Federal
tentially unconstitutional law that allows judicial relief granted prior to the date
tion law, like many other areas of law,
uncertainty during a critical step in the of the meeting of electors.
peaceful transfer of power. . . . Weaknesses involves shared powers between the
in the law started to become apparent after Federal Government on the one hand Our legislation states that the deter-
the 2000 election. and State and local governments on mination of the Federal courts shall be
conclusive on questions arising under

SSpencer on DSK126QN23PROD with SENATE
The editorial continues: the other. Article I, section 4 of the
Constitution provides: the Constitution or laws of the United
In 2021, the ambiguities of that law helped States.
lead to the violent assault on the U.S. Cap- The Times, Places, and Manner of holding
elections for Senators and Representatives, Second, the legislation modernizes
itol as efforts were being made to toss out
several states’ slates of electoral votes. For- shall be prescribed in each State by the Leg- the ‘‘failed election’’ language in the
tunately, those efforts failed, and the right- islature thereof. ECA to specify that a State could mod-
ful winners took office. But the threat of That clause of the Constitution con- ify its period of voting on election day
confusion remains. Left unclosed, loopholes tinues by concluding: only as necessitated by ‘‘extraordinary

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