Congressional Record, Senate, November 17, 2022 — Unanimous Consent Request on S. 14
Summary
Page S6763 of the Senate section of the Congressional Record for November 17, 2022, in interleaved columns. Mr. Young pays tribute under Remembering Rex Early, who died at age 88 and had been a U.S. marine and chairman of the Indiana Republican Party. Ms. Ernst, in remarks headed Inflation, says that turkey costs 21 percent more this Thanksgiving than last and attributes rising prices to the Democrats' economic policies, which is her characterization. The page also shows Ms. Hirono and Mr. Rounds discussing S. 7 and a group of Senate resolutions being considered during the Respect for Marriage Act motion to proceed.
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“Congressional Record, Senate, November 17, 2022 — Unanimous Consent Request on S. 14.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-11-17-crec-2022-11-17-pt1-pgs6763-fe2d3c41de/
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November 17, 2022 CONGRESSIONAL RECORD — SENATE S6763
him for his 70 years of service to our trace that success directly back to dishes from Thanksgiving dinner, but
Nation. work Rex Early put in in the early with the out-of-control inflation being
The PRESIDING OFFICER. The Sen- 1990s. caused by the Democrats’ failed eco-
ator from Hawaii. One of Rex’s 19 rules of politics was nomic policies gobbling up our family
Ms. HIRONO. Mr. President, I would ‘‘You might be important, but the budgets, that is exactly what is hap-
just like to commend my colleague for number of people who will attend your pening.
his work with the Native American funeral will be dictated by the weath- So let’s talk turkey. Turkey costs 21
veterans and for working with me to er.’’ I don’t understand what Rex was percent more this Thanksgiving than
pass S. 7, which is a very necessary bill trying to say. Don’t think too highly of last. As a matter of fact, the chairman
for Native Hawaiian women. Aloha. yourself—perhaps that is what Rex had of the Democrats’ Congressional Cam-
The PRESIDING OFFICER. The Sen- in mind. Don’t become, as Rex would paign Committee said families strug-
ator from South Dakota. call you, a ‘‘sophisti-suck.’’ gling with these rising prices should
Mr. ROUNDS. I would also like to But I disagree with Rex perhaps on eat Chef Boyardee. That is what he
thank Senator HIRONO for the open this point. Rex’s memorial service was said. If that is the Democrats’ solution,
communication that we have received well attended and not because the boy are we cooked. Chef Boyardee? No.
in coordinating and successfully pass- weather was good but because he made Chef Boy-are-we-cooked. What did his
ing these pieces of legislation. an indelible impression on everyone he constituents think of this idea? On
I yield the floor. met. election day, they canned him.
f
Semper fi, Marine.
I yield the floor. Instead of Chef Boyardee, Wash-
RESPECT FOR MARRIAGE ACT— I suggest the absence of a quorum. ington needs to serve up some real so-
MOTION TO PROCEED—Continued The PRESIDING OFFICER (Mr. lutions to cut the causes of climbing
KING). The clerk will call the roll. costs. Beginning on his very first day
The PRESIDING OFFICER. The Sen-
The senior assistant legislative clerk in office, President Biden made it a pri-
ator from Indiana.
proceeded to call the roll. ority to turn off American-made en-
REMEMBERING REX EARLY
Ms. ERNST. Mr. President, I ask ergy. This has been a recipe for dis-
Mr. YOUNG. Mr. President, last unanimous consent that the order for aster, with energy prices increasing
week, Indiana lost a legend, and Amer- the quorum call be rescinded. nearly 18 percent just this last year.
ica lost a true original. Rex Early died The PRESIDING OFFICER. Without According to the nonpartisan Con-
Friday at age 88, after a long battle objection, it is so ordered. gressional Budget Office, the Demo-
with illness. Ms. ERNST. I ask unanimous consent crats’ so-called Inflation Reduction Act
Rex was a lot of things in life. He was to use a prop during my remarks. will even further increase the cost of
a U.S. marine. He was chairman of the The PRESIDING OFFICER. Without natural gas, which will have a direct
Indiana Republican Party. He was a objection, it is so ordered. impact on food prices because natural
candidate for Governor of the State of INFLATION
gas is a key component for producing
Indiana. He is one of the few people in Ms. ERNST. Mr. President, Thanks- fertilizer, which is already costing our
Indiana you had to go see if you want- giving is just a week away, and, of farmers two to four times more today
ed to run for public office. course, we will have turkey—or so we than just 2 years ago. The Biden ad-
But Rex will be remembered mostly thought. In these difficult times as ministration is also bringing out left-
for his sense of humor, his way with Americans, we all have a lot to be over land use rules from the Obama era
words. Many of his stories and thankful for. that will impose costly and bureau-
‘‘Rexisms’’ can be found in his book, I am so proud of my daughter Libby
cratic regulations on farmers that will
‘‘It’s a Mighty Thin Pancake (That and grateful for my brandnew son-in-
also impact food costs. This certainly
don’t have two sides).’’ law Andrew. I am thankful for being
is no way to show gratitude towards
After being stationed in Japan in the selected by my fellow Iowans to have
those who grow the food we rely upon
Marine Corps, Rex went to Indiana the privilege of representing each of
to feed our families on Thanksgiving
University on the GI bill. He married them in the U.S. Senate. And I know I
and every other day.
his sweetheart Barbara, and they speak on behalf of all Iowans when I
moved to Indianapolis. Folks, let’s bring down costs by
express the most heartfelt gratitude
Rex said when he first went to reg- sticking a fork in these inflation-caus-
for every one of the brave men and
ister to vote in Indianapolis, the ward ing laws and burdensome regulations
women who have served in the Armed
chairman said: Do you want to be a that the Democrats keep dishing out.
Forces of our great Nation, risking ev-
precinct committeeman? The last guy erything to protect what we all hold Bidenomics is going to be the real
just went to jail. dear. turkey at this year’s gathering, but I
Of course, Rex responded quickly Thanksgiving is the day set aside for sure hope the bigger bite it is taking
‘‘Sure,’’ and that is how he got in- us to gather with family and friends to out of your budget doesn’t put you in a
volved in local politics—or so Rex told express our gratitude for all of our ‘‘fowl’’ mood when we all have so many
us. blessings with a grand feast. When other things to be thankful for.
Now, Rex said that one of the high- most of us think of Thanksgiving trim- Happy Thanksgiving.
lights of his professional career came mings, delicious sides like cranberry I yield the floor.
during Ronald Reagan’s Presidential sauce—one of my favorites—sweet po- I suggest the absence of a quorum.
campaign when Rex hosted an event at tatoes, green beans, mashed potatoes The PRESIDING OFFICER. The
his home for the future President. Rex and gravy, and stuffing all come to clerk will call the roll.
said he was considering hanging a mind. But this year, as a result of The legislative clerk proceeded to
plaque that read ‘‘On May 4, 1980, Ron- Bidenomics, Thanksgiving trimmings call the roll.
ald Reagan used this bathroom.’’ refer instead to the items being cut Mr. CARDIN. Mr. President, I ask
But as Reagan left his house that from the menu due to rising prices. unanimous consent that the order for
day, Governor Reagan told Rex, ‘‘All With the cost of Thanksgiving dinner the quorum call be rescinded.
those people were wrong, Rex.’’ up 20 percent since last year, 9 out of 10 The PRESIDING OFFICER. Without
Rex said, ‘‘What people?’’ Americans are planning to eliminate at objection, it is so ordered.
Governor Reagan said, ‘‘All the peo- least one dish from their menu. Some
UNANIMOUS CONSENT REQUEST—S. 14
ple who said you had no class.’’
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are even skipping the turkey alto-
So Rex decided not to hang that gether and serving cheaper alternatives Mr. CARDIN. Mr. President, I rise to
plaque in his bathroom. like pizza. Most are also planning to in- make a unanimous consent request in
The Republican Party in Indiana vite fewer guests, and one in four plans regards to legislation that has already
today has enjoyed a long period of gov- to pass on Thanksgiving dinner alto- been passed by the committees of au-
erning success, helping our State be- gether to save money. thorization.
come one of the best run and most fis- Hard-working Americans shouldn’t This is a bill that deals with fighting
cally sound in the Nation. You can have to trim the guest list or side corruption globally. I need not remind
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S6764 CONGRESSIONAL RECORD — SENATE November 17, 2022
my colleagues that ‘‘corruption threat- This is an effort to try to get coun- with very legitimate objectives that we
ens the United States’ national secu- tries on the right path to fight corrup- have that are unrelated to the corrup-
rity, economic equity, global anti- tion. Because, you see, many countries tion problem that the country faces.
poverty and development efforts, and are trying to become democratic For instance, depending on the coun-
democracy itself.’’ states; but if they don’t have the tools try, maybe we want them to be more
That was a quote in regards to Presi- in place to protect them against cor- cooperative in the global coalition
dent Biden’s published memorandum of ruption, they are going to find that against Russia to defend Ukraine. Let’s
establishing the fight against corrup- they are not going to succeed in their be honest. There are corruption prob-
tion as a core United States national efforts. So this is really an important lems in Ukraine also, but we are de-
security interest. step forward in order to build more fending Ukraine, quite rightly. Maybe
We have heard this over and over democratic states around the world. It it is about joining the administration’s
again. I was in the White House a few gives the right capacity to the State Indo-Pacific economic framework,
years back, and the National Security Department in its missions. I am which is very important for a variety
Council was convened because of the pleased with the support I have gotten of reasons, but maybe there are corrup-
spread of corruption globally. It pre- from many diplomats around the tion problems.
sents a national security threat to the world, from many people in both This seems like a bit of a blunt tool
United States of America, and we find branches of government. This bill is bi- that requires this labeling and naming
that many countries are moving in the partisan. It has been—we have had and shaming, and it doesn’t provide the
wrong direction in anticorruption markups in our committees and passed discretion for the administration to
measures, and there are identifiable it in our committees, and I am hopeful say: You know, maybe right now isn’t
issues—independent judiciary, dealing that we can get a unanimous consent the right time to rub their noses in one
with antibribery status, dealing with today to move it through the Senate so of their problems because we need
public disclosure-type requirements. that hopefully we can catch up with them for something else.
There are things that are pretty well- the work that is being done in the So I guess what I would say is, look,
identified internationally as necessary House. We can reconcile any dif- fighting corruption is absolutely im-
in fighting corruption. ferences that may exist, but we will at portant, and the Senator from Mary-
Yesterday, I was in a hearing in the land has been consistent and thought-
least have this bill ready to move to
Senate Foreign Relations Committee ful on this, but it is not our only—and
fight corruption.
with one of our closest allies, Georgia; sometimes it is not our most impor-
So I ask unanimous consent that the
and their judiciary is no longer inde- tant—objective with another country.
Senate proceed to the immediate con-
pendent, presenting real problems for I would like to continue to work with
sideration of Calendar No. 88, S.14. I
our national security interests. the Senator from Maryland, and I
So I have worked in a bipartisan further ask that the committee-re-
ported substitute be withdrawn, the would be very happy to devote the time
manner with colleagues on the Repub-
Cardin substitute be considered and and energy to try to make sure we are
lican and Democratic sides to develop a
agreed to, the bill, as amended, be con- able to get to common ground here be-
system whereby we would be able to
sidered read a third time and passed, fore the end of the year; but at this
determine which countries in the world
and the title amendment at the desk be moment, I can’t support this, so I ob-
need our attention in our bilateral re-
lations and in the tools we have avail- considered and agreed to, and that the ject.
motion to reconsider be considered The PRESIDING OFFICER. Objec-
able to help them deal with creating an
made and laid upon the table. tion is heard.
anticorruption system in their own
The PRESIDING OFFICER. Is there The Senator from Maryland.
governments.
objection? Mr. CARDIN. Mr. President, I am dis-
And we worked together to figure out
how we can do this in a manner that The Senator from Pennsylvania. appointed that there is an objection,
would implement the types of results Mr. TOOMEY. Mr. President, so I am but I appreciate my friend from Penn-
we need from our State Department. going to reserve the right to object, sylvania’s willingness to sit down and
So the legislation that we crafted and let me say I am doing this some- continue to try to work this out.
would have the State Department rank what reluctantly because I fully ac- We have met with several Members
countries in the world as to whether knowledge the Senator from Maryland who have had some similar concerns,
they are in tier 1, 2, or 3. is correct, that corruption is a scourge. and I thought we had resolved most of
Tier 3 would be the countries of our There are many countries going the those issues. I am fully prepared to
concern. These are the countries that wrong direction. It is fully in the na- continue to work with the Senator
are not taking steps to deal with sys- tional interest of the United States to from Pennsylvania, and, hopefully, we
temic corruption that they have in combat the corruption that we see, and can find a common spot.
their system that does not comply with he has proposed a completely good- I would just point out that we have
international standards. faith, thoughtful approach to dealing strategic partnerships with so many
Tier 2 are countries that have not with some aspects of the corruption countries around the world that our
met those international standards, but that we find. State Department is very clear that we
they are taking the right courses. But I have concerns about the par- are not going to abandon our core prin-
And tier 1 are those countries that ticular way in which he does this, and ciples in that relationship. We might
have met these international stand- I would like to work with him and see need their help on a security issue, but
ards. if we can find common ground on this. if their human rights do not meet
Now, this is not unique. We have Let me explain my concern. international standards, that will be
done similar types of work in our State The bill would task the State Depart- raised.
Department identifying problems with ment with annually ranking every We know that, in many bilateral
trafficking, trafficking in humans. We country in the world, including our meetings that we hold with Senators or
have similar types of work in our State partners and allies and friends and that the administration holds with
Department to identify religious toler- even, maybe, countries that aren’t nec- heads of state on important subjects,
ance and freedom. We have similar ef- essarily so friendly but, at the mo- they mention human rights because it
forts to deal with basic human rights. ment, are maybe working with us. It is an important value that we have in
So this is a system that we have requires that this ranking of countries, our relationship. We do the same in the
based on how corrupt they are, be then trafficking of persons. We do the same
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worked in the past.
But it goes even further than that. made public. That is for good inten- for religious freedom. We do the same
The legislation gives the capacity in tions, but I am concerned that in the in so many other areas. Corruption is a
the State Department, in the missions process of naming and shaming coun- growing problem globally, and we need
in those countries that are in tier 3, to tries that are deemed to be in the to elevate the importance of that in
have a point person to help deal with wrong place, it could complicate ef- our bilaterals and the importance of
the country to make the corrections forts that we are making, whether it is that in supporting internationally rec-
that are necessary, to assist them. our Treasury or our State Department, ognized standards.
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November 17, 2022 CONGRESSIONAL RECORD — SENATE S6765
But I understand the gentleman’s For that reason, we have a nominee islators and greatest people I have ever
concern. I will take him up on his offer. before us today as Deputy Under Sec- met.
I will try not to bother him on Thanks- retary of Defense for Security and In- I first met NANCY PELOSI back in
giving itself; but, perhaps, we can work telligence—let me say it again—Deputy 1987. I was a Congressman, and we had
together and find a way that we can Under Secretary of Defense for Secu- a little dinner group that would go out
move this forward. rity and Intelligence. This is a very, to dinner every Tuesday night. One of
With that, I yield the floor. very important position when it comes the leaders of that group, George Mil-
I suggest the absence of a quorum. to our security. ler, a Congressman from California,
The PRESIDING OFFICER. The Milancy Danielle Harris is her name. came up to me. He said: In a few min-
clerk will call the roll. She has an incredible resume within utes, I am going to introduce you to a
The legislative clerk proceeded to the intelligence community. She has new member of our group. She is the
call the roll. proven leadership within the DOD. new Congresswoman from San Fran-
Mr. TESTER. Mr. President, I ask There is no doubt in my mind that she cisco, and she is going to become the
unanimous consent that the order for will make the world a safer place, and first woman Speaker.
the quorum call be rescinded. that is why it is critically important That was the first thing I heard
The PRESIDING OFFICER (Mr. BEN- today to confirm this nominee. about NANCY PELOSI, even before I met
NET). Without objection, it is so or- I am a U.S. Senator, just like the her, and the moment I met her, I saw
dered. good Senator from Utah, and I can tell what he meant. It was obvious that
UNANIMOUS CONSENT REQUEST—EXECUTIVE that you when we ask questions, we this new Member from the west coast
CALENDAR want answers. When we have problems, of California had it all—NANCY
Mr. TESTER. Mr. President, I come we like to find solutions. D’ALESANDRO PELOSI.
to the floor today to ask for a unani- I am willing to commit to the Sen- She is the proud daughter of Balti-
mous consent request on the confirma- ator from Utah today that I will work more’s Little Italy neighborhood, the
tion of a highly qualified nominee with you to try to help you find solu- estimable Representative from the
standing ready to help lead the great- tions, but we really need to get this State of California, and the first
est military this world has ever known. nominee confirmed. woman ever as Speaker of the U.S.
Last month, I had the opportunity to With that in mind, I want to ask Congress.
go to Eastern Europe. I had the oppor- unanimous consent that, as in execu- It was amazing. She did an amazing
tunity to visit with folks, to visit with tive session, the Senate consider the job, and I wanted to go over to the
our troops who are out there on the following nomination: Calendar No. House floor where I had served 18
frontlines. I could not have been 1153, Milancy Danielle Harris, to be happy years, many of them as a col-
prouder of these folks who are placed Deputy Under Secretary of Defense; league of Speaker PELOSI and a friend,
far, far, far away from the United to just say thank you for the amazing
that the Senate vote on the nomina-
States, fighting the fight, stopping things she has done for our country.
tion without intervening action or de-
Few in American history have been
Russian aggression, and doing what bate; that, if confirmed, the motion to as effective, as driven, as successful as
they need to help protect our democ- reconsider be considered made and laid Speaker PELOSI. She has transformed
racy and, quite frankly, the democ- upon the table; and the President be practically every corner of American
racies around the world. immediately notified of the Senate’s politics and unquestionably made
It is our responsibility, as the U.S. action. America a better, stronger nation. You
Senate, to ensure that these folks have The PRESIDING OFFICER. Is there know, I am known as having a lot of
the support they need to protect our objection? energy, but I have never ever met any-
national security and defend our coun- Mr. LEE. Mr. President, reserving
one with more energy than NANCY
try against foreign adversaries like the right to object. D’ALESANDRO PELOSI. She is always
Russia. The PRESIDING OFFICER. The Sen-
moving in many directions at once, and
It is going to happen with the appro- ator from Utah.
she has a complete grasp of each direc-
priations process. Hopefully, we will Mr. LEE. My staff and I have been in
tion in which she is moving even
get a top-line number very, very soon, close contact with the Department of
though she is moving at the same time.
and we will get that done in December. Defense regarding Ms. Harris’s nomina- She is just an amazing person. She
But equally important is the kind of tion. The Department of Defense is never forgot why she is in the fight to
leaders we have in our military. We aware of my concerns with the nomi- begin with—as she said, the children,
have to have capable leaders; other- nee and also aware of the very simple always her North Star, helping the
wise, things won’t happen as Congress request that I have made to the De- children of America. She did so much—
intends them to. When these positions partment in connection with her nomi- her passion to pass the ACA was for the
are left open, the military has their nation. For these reasons, I object. children above all; and for women,
hands tied behind their back. I might The PRESIDING OFFICER. The ob- where she broke, of course, one of the
add, this is the biggest budget by far in jection is heard. greatest glass ceilings we have had, be-
the United States of America. Mr. TESTER. Mr. President, I wish coming the first woman Speaker; and
I had a visit with Senator LEE, and to say this: The Senator from Utah has the American Rescue Plan and the
he is going to raise some important every right to object, and he has every Lilly Ledbetter Act and the infrastruc-
points today. I understand where he is right to get his questions answered, ture bill and VAWA and pandemic re-
coming from. I also got notification but we are 2 years into this administra- lief; climate change; repealing don’t
today that the Secretary of Defense is tion. I hear every day folks from the ask, don’t tell—just a few of her amaz-
going to meet with Senator LEE on the other side of the aisle get up and rail ing achievements.
23rd of November. I intend to hold on the Biden administration for not She taught me a whole lot. NANCY
them to that so that Senator LEE can doing this and not doing that. That is PELOSI paid attention to each of her
bring up the challenges that he sees, patently unfair if we can’t get people Members—I try to do the same—and
and hopefully there will be good faith confirmed to the positions that need to she always taught the Members to be
involved on both sides and a solution be confirmed 2 years after he was unified. Her expression that she re-
can be found, if there is a solution to sworn into the Presidency. peated over and over again, which I
be found. I yield the floor. have repeated to my caucus on so
I can’t emphasize enough how, if we The PRESIDING OFFICER (Mr. VAN
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many occasions: Our unity is our
want to hold people accountable to HOLLEN). The majority leader. strength.
spend the money right, that we appro- TRIBUTE TO NANCY PELOSI She would tell us, she would tell ev-
priate—if we want to hold people ac- Mr. SCHUMER. Mr. President, I just eryone: If everyone goes in his or her
countable for doing the job of pro- left the floor of the House for one of own direction, you will get nothing
tecting this country and defending de- the most emotional moments I have done, but if we all come together and
mocracy and our freedoms, we have to had in my career: the valedictory of everybody gives a little bit, we could
have people in these critical positions. NANCY PELOSI, one of the greatest leg- get a lot done. And she sure did.
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S6766 CONGRESSIONAL RECORD — SENATE November 17, 2022
I remember the moments that just not make the case for legislation that ligious beliefs about marriage—about
became available on the tape when she seriously threatens religious liberty. what a marriage is and what it is not.
and I were at the ‘‘secret place’’ during The Respect for Marriage Act is un- Many in the immediate wake of
the attack on this Capitol, which so, so necessary. States are not denying rec- Obergefell came right out, and pur-
struck her, but there she was, cool, ognition of same-sex marriages, and porting to offer comfort to religious
calm, and collected. Together, we there is no serious risk of anyone los- Americans and religious institutions in
worked to try to get either the Na- ing recognition. There is not a single America, many came forward and said:
tional Guard or the police on the Hill, piece of legislation that I am aware of Oh, this risk isn’t going to materialize.
and we resolved that we were going to moving through the Congress or any As I recall it, President Obama, at
come back and actually count the State legislature to do the same. the time, said: Look, I am not going to
votes—heavily regarded as one of But the Supreme Court majority ex- force any church to perform a same-sex
Speaker PELOSI’s greatest moments. plicitly stated in its Dobbs ruling ear- marriage contrary to its religious
And, again, she was cool, calm, col- lier this year that the Dobbs decision teachings.
lected. She knew exactly what to do had no bearing on the recognition of That isn’t how this happens. That is
and how to do it. same-sex marriage. The proponents of not how this risk materializes. That
So it is hard to fathom that very this bill falsely claim that same-sex isn’t the risk. It never really was the
soon we will begin a new Congress marriage is under attack because Jus- risk. The risk is, rather, whether reli-
where she is no longer a member of the tice Thomas suggested in a concurring gious Americans, whether acting indi-
party leadership. In my time as Demo- opinion in Dobbs that the Supreme vidually or as a group, will be retali-
cratic leader and as majority leader, Court should take a closer look at all ated against—denied some privilege or
she has been the best partner and ally of its substantive due process jurispru- status or access under Federal law to
I could ask for, and we have also been dence; not necessarily to strike down which they would otherwise have ac-
friends. She shared the joy of the birth those rulings, but often to consider cess—based solely on a religious- or a
of my children. I shared the joy of so whether they should be premised on a moral conscience-based belief about
many of the good things that happened different constitutional hook. The ma- the definition of marriage.
in her family. She would always be jority opinion is what mattered, and it So that risk exists independent of
talking about her family and always is the one that the majority of the Su- this legislation. It has been enhanced
wanted to hear about mine. She was preme Court supports. by the Obergefell ruling, and it would
not only a great legislator; she was a Now proponents of this bill pretend be materially enhanced if this legisla-
great human being. that the legislation would simply cod- tion were to pass without cor-
Today particularly, I want to wish ify the status quo. I take exception to responding, necessary, statutory pro-
the very best to her family, especially that because I don’t think that is true. tections for religious freedom.
Paul. I cannot imagine how painful and But even before we get to that issue, I Indeed, Cardinal Timothy Dolan of
scary it has been for the Pelosis in the think it is important for us to think the United States Conference of Catho-
aftermath of Paul’s attack, but, as about what codifying Obergefell on its lic Bishops warns of this very thing.
usual, Speaker PELOSI carried herself own terms could mean and why it is He warns as follows:
with the same courage, grace, and dig- that we ought to look at steps to pro- This bill’s harms would be far-reaching. In
nity that she has always been true to. tect religious freedom in light of any conflict with same-sex civil marriage
Finally and maybe most impor- and the rights that flow from it, it will be
Obergefell and in light of anything that
said that Congress took pains to codify
tantly, NANCY PELOSI made our coun- purports to codify Obergefell. Obergefell, but not to protect the freedoms
try a much better place for countless I remember when the Obergefell case of speech and religion that Obergefell harms,
women and girls from every walk of was being argued before the Supreme making them second-class rights.
life. NANCY PELOSI was the one to blaze Court of the United States in 2015. So- In other words, this bill only makes
the trail, but you can be certain that licitor General Don Verrilli, in rep- things worse. This bill takes the pre-
countless other women will rise up in resenting the U.S. Government—with existing risks presented by Obergefell
leadership in this country because of then the Obama administration in itself and enhances them, expands
what she has accomplished and how she power—was arguing before the Court, them, especially because, by protecting
inspired them. and Justice Alito, my former boss, one set of interests—those identified in
I am going to have more to say in the interjected with a question. Obergefell, in the decision itself—but
weeks to come, but for now, let me fin- He asked Solicitor General Verrilli, doing nothing to address the cor-
ish with this: To NANCY PELOSI, my if the Supreme Court of the United responding enhanced risks we are pre-
dear, good, and close friend, thank you. States recognized a constitutional senting for religious freedoms, it
Thank you for being you. Thank you right to same-sex marriage throughout makes for a very, very significant con-
for dedicating your life to public serv- the United States, whether that, when cern.
ice. Thank you for teaching us so read with other precedent—read in con- He continues:
much. Thank you for inspiring us all. text with other Federal civil rights The bill will be a new arrow in the quiver
It has been an honor of a lifetime to protections, along with prior Supreme of those who wish to deny religious organiza-
work with you. Court rulings—might not result in the tions’ liberty to freely exercise their reli-
ORDER OF BUSINESS risk of some nonprofits, including some gious duties, strip them of their tax exemp-
Now, one notice to the Members, who schools and universities, being threat- tions, or exclude them from full participa-
I know want to hear about the sched- ened with the loss of their tax-exempt tion in the public arena.
ule: We are working on an agreement status. So this bill—this bill that has been
on the marriage equality bill, and I Solicitor General Verrilli responded brought before us—will, unless modi-
hope that we can have a vote on the immediately and unambiguously. He fied as necessary, result in three sig-
motion to proceed shortly. If we do not said: Yes, Justice Alito. That is going nificant problems.
reach agreement, the vote is going to to be a problem. First, the bill will label people of
occur at 10 p.m. this evening. Members He reiterated it three times that that faith with differing views on marriage,
should be aware, and Members should would be a problem and that it would influenced by their religious beliefs
stay close. be something that would have to be ad- and moral convictions, as bigots.
I yield the floor. dressed. Second, the bill’s new private right of
The PRESIDING OFFICER (Mr. What he was acknowledging was that action will subject religious Americans
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BLUMENTHAL). The Senator from Utah there was a real risk dealing with to a torrent of litigation—even more
is recognized. Obergefell itself in that, unless we take than they face now. Doing so will fur-
RESPECT FOR MARRIAGE ACT steps to protect religious colleges, reli- ther erode their constitutional right to
Mr. LEE. Mr. President, the Supreme gious universities, and other religious freely live according to their religious
Court’s decision in Obergefell v. Hodges nonprofits, some of those might be beliefs. This is, after all, what happens
is the law of the land. A single line threatened with the loss of their tax- any time we allow for the free exercise
from a single concurring opinion does exempt status, based solely on their re- of religion to be chilled by such action.
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November 17, 2022 CONGRESSIONAL RECORD — SENATE S6767
Third, the bill will put in jeopardy cause of their religious beliefs. The bill uals or even on State or local govern-
the work and existence of religiously will only exacerbate what is already ments. It simply prohibits the Federal
minded social agencies, educational in- occurring in Illinois, Massachusetts, Government from discriminating
stitutions, and other nonprofits as California, and the District of Colum- against individuals or organizations
their tax-exempt status will be threat- bia, potentially making this a nation- that have sincerely held religious be-
ened. wide trend. liefs or moral concerns that marriage
Our country was founded on the prin- The United States Conference of is and should be a relationship between
ciple that government should not Catholic Bishops’ work with the De- a man and a woman. That is all.
interfere with the ability of people of partment of Health and Human Serv- What I don’t understand is why my
faith or of people of no faith at all to ices in providing foster care to unac- colleagues claim to want to protect re-
practice their religion and to live by companied alien children and to unac- ligious liberty and uphold the First
the tenets of their own faith in their companied refugee minors will be even Amendment and, in fact, claim that
daily lives. more at risk than it is right now. their amendment essentially does that
Of course, this can and should be The legislation itself will put reli- while simultaneously opposing my
done without interfering with the right giously affiliated schools and faith- amendment so vigorously. I think we
of other people to live their lives. That based organizations and others who all know the answer to that question.
is what we expect. In fact, every time hold traditional views of marriage at The bill pays lip service to protecting
we as Americans seek to protect free- even more risk of being compelled to religious liberty, but it does not even
doms, liberty, whether through the hire or retain employees whose conduct begin to address the most serious, egre-
adoption of the First Amendment or contradicts their religious beliefs. Wed- gious, and likely threats to religious
the adoption of the equal protection ding vendors will potentially be sub- liberty presented by this bill. Those
clause of the 14th Amendment, for ex- ject, because of this legislation, to in- with differing views and beliefs can
ample, or anywhere else, we seek to do creased lawsuits, harassment, and the exist in the United States without
it in a way that doesn’t create a zero- destruction of their livelihoods based threatening the constitutionally pro-
sum game by enhancing the rights of on their religious beliefs and their de- tected rights of one group—rights upon
some while diminishing the rights of sire to live their lives according to which our country was founded—to
others. That is not who we are. That is their beliefs. This includes small- and score political points.
not how we roll. That is not how our family-owned businesses, including re- You see, that is the beauty of Amer-
constitutional framework was ever in- ligious businesses like kosher caterers. ica. Our Founding Fathers believed
tended to function. It is antithetical to Nonprofits face the potential revoca- strongly in the principle that all reli-
who we aim to be. tion of their tax-exempt status based gious beliefs should be protected, not
This bill elevates the rights of one on their religious beliefs. At a time just those favored by those in charge of
group and does so at the expense of an- when we have added 87,000 new IRS government. It is yet another reason
other, and it does so needlessly as agents, we shouldn’t give them any ad- why, when we approach rights through
there is a way to accommodate both in- ditional encouragement to abuse that legislation in the U.S. Senate and as
terests, but that way, unfortunately, Americans more broadly—when we pro-
power in a way that threatens the be-
isn’t pursued by the authors of this tect rights—we know that we have a
liefs and institutions that are so im-
bill. duty, an obligation, and an ability to
portant to so many Americans and that
Many, including some on the left, secure those rights that we are trying
form the bedrock of some of our most
want to label people who disagree with to secure in a way that doesn’t under-
important institutions.
them on marriage as bigots and force mine the rights of others.
The bill’s proponents claim that they
The fact that one group of Americans
them, in this instance, through endless want to protect religious liberty and might have more political support for a
litigation and threats, to comply with that their most recent amendment particular right and in protecting that
the beliefs of the left and renounce does that, but they refuse to adopt my right doesn’t make it OK within our
their genuine, sincere religious beliefs. amendment or anything like it that system, within our culture, within our
Proponents of this bill claim that the would prohibit the Federal Govern- traditions to undermine the rights of
substitute amendment, which we saw ment from discriminating against peo- others. That is exactly what we are
for the first time just a few days ago, ple or organizations that have tradi- facing here.
somehow fixes all of the concerns tional views on marriage based on sin- The good news is we can fix it. We
raised by those of us who want to pro- cerely held religious beliefs and moral can fix it. It is easy to amend this
tect religious liberty. They are wrong. convictions. thing in a way that doesn’t have to be
They couldn’t be more wrong. They are In many instances, they claim that this way. I have yet to hear any of my
sadly, sadly, and severely mistaken. the most recent amendment, in fact, Democratic or Republican colleagues
The amendment’s narrow protections does that—or they at least suggest who supported the bill say that they
for people of faith apply to only lim- that. The language of the most recent want the Federal Government to be
ited circumstances—for example, to amendment even reads as if it might be able to go out and indiscriminately
the solemnization and celebration of going in that direction, but a closer in- threaten the revocation of tax-exempt
marriages. That protection and a few spection reveals that, alas, it does not. status in order to punish religious be-
others are severely anemic when It does no such thing. liefs with which they disagree.
viewed against the backdrop of the By suggesting that it doesn’t do any- I have yet to hear a single Repub-
threat to religious freedom presented thing to alter or revoke tax-exempt lican or a single Democrat in the House
by this bill. status or any other status under Fed- or in the Senate or anywhere else in
Indeed, these changes brought about eral law—that the bill itself doesn’t do this town say—I have yet to hear any
by the most recent amendment do that—it ignores the fact that this bill of them say—yes, that is what we want
nothing to prohibit the already exist- sets in motion, keeps in motion, and to do.
ing, already mounting threat of gov- accelerates existing threats to reli- In fact, everyone who has addressed
ernment discrimination against indi- gious freedom and to their revocation the issue has said: No, that is not what
viduals and organizations that hold of tax-exempt status for broad cat- we want to do. Most of those on this
traditional views regarding marriage— egories of nonprofits based on religious bill have said: No, we have already
a risk that is materially enhanced by beliefs. taken care of that with this amend-
this legislation and all that will flow It is disingenuous to suggest that
SSpencer on DSK126QN23PROD with SENATE
ment. If that is really true, let’s just
from it. this halts government from doing what adopt my amendment.
For example, Catholic Charities and I am warning of here. This amendment And if you don’t want to do it in that
other religious adoption agencies could does not do that, which begs the ques- form, if you want to write out another
be shut out of foster care and adoption tion: Why? Why wouldn’t they accept version of the same thing, something
ministries due to discriminatory gov- it? that does the same thing, that is fine
ernment policies—policies that dis- Importantly, my proposed amend- too. But they shouldn’t be able to pun-
criminate against them specifically be- ment places no restrictions on individ- ish religious belief. That is all I want,
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S6768 CONGRESSIONAL RECORD — SENATE November 17, 2022
a protection saying the Federal Gov- It labels people of good faith as big- ceeded to consider the resolutions en
ernment may not punish any indi- ots and subjects them to endless bloc.
vidual or entity based on a religious or harassing litigation and discrimination Mr. SCHUMER. I ask unanimous con-
moral conviction-based belief about and threats by that same government sent that the resolutions be agreed to,
marriage. That is not too much to ask. that was founded to protect their reli- the preambles be agreed to, and that
If you ask any American citizen gious liberty. the motions to reconsider be consid-
whether that was reasonable, shoot, if Let’s do this the right way, not the ered made and laid upon the table, all
you ask any Member of this body in wrong way. We need to protect reli- en bloc.
public whether that is fair and reason- gious freedom. This bill doesn’t do The PRESIDING OFFICER. Without
able, I think they would have to say that. It places it in grave jeopardy. objection, it is so ordered.
yes because it is. Let’s fix the problem. The resolutions were agreed to.
When legislation goes through this Mr. LEE. I suggest the absence of a The preambles were agreed to.
body and through this Congress in the quorum. (The resolutions, with their pre-
proper way, we have a better chance of The PRESIDING OFFICER. The ambles, are printed in today’s RECORD
ironing out these details, of making clerk will call the roll. under ‘‘Submitted Resolutions.’’)
sure that we are not expanding the The legislative clerk proceeded to f
zone of protected rights and interests call the roll.
of some at the expense of others. We do CELEBRATING THE 100TH ANNI-
Mr. SCHUMER. Mr. President, I ask VERSARY OF THE MISSISSIPPI
that pretty well. unanimous consent that the order for
Mr. President, you and I serve to- FARM BUREAU FEDERATION
the quorum call be rescinded.
gether on the Judiciary Committee. The PRESIDING OFFICER (Mr. Mr. SCHUMER. Mr. President, I ask
That is the committee of jurisdiction KAINE). Without objection, it is so or- unanimous consent that the Com-
for legislation like this. This legisla- dered. mittee on the Judiciary be discharged
tion should have gone through the Ju- Mr. SCHUMER. Mr. President, we from further consideration of S. Res.
diciary Committee, and yet we have continue to work on an agreement on 800 and the Senate proceed to its imme-
not held a single hearing on it. We have the marriage equality bill. If we do not diate consideration.
not marked up this bill in Judiciary. reach agreement, the vote on the mo- The PRESIDING OFFICER. The
We haven’t independently voted on this tion to proceed will occur at approxi- clerk will report the resolution by
bill in the Judiciary Committee. mately 10 p.m. this evening, so Mem- title.
In fact, it hasn’t been through any The senior assistant legislative clerk
bers should stay close by.
committee process in the Senate that I read as follows:
am aware of. If it had, you know the f
A resolution (S. Res. 800) celebrating the
kind of work we would have run it NATIONAL CHARACTER COUNTS 100th anniversary of the Mississippi Farm
through, the kind of work we would WEEK Bureau Federation.
have put into it, and the kind of care- Mr. SCHUMER. Mr. President, I ask There being no objection, the com-
fully crafted language we could have unanimous consent that the Senate mittee was discharged, and the Senate
produced as a result of it. proceed to the consideration of S. Res. proceeded to consider the resolution.
I am confident we could have and Mr. SCHUMER. Mr. President, I ask
848, submitted earlier today.
would have and definitely should have unanimous consent that the resolution
The PRESIDING OFFICER. The
worked this out in committee had we be agreed to; the Hyde-Smith amend-
clerk will report the resolution by
had the opportunity to do so. ment at the desk to the preamble be
This legislation bypassed commit- title.
The senior assistant legislative clerk agreed to; the preamble, as amended,
tees. Sometimes that happens. I under- be agreed to; and the motions to recon-
stand that it happens from time to read as follows:
A resolution (S. Res. 848) designating the sider be considered made and laid upon
time. It is usually a very unfortunate the table with no intervening action or
thing when it does. But when it does, it week beginning October 16, 2022, as ‘‘Na-
tional Character Counts Week’’. debate.
does not excuse us from the obligation The PRESIDING OFFICER. Without
to try to replicate that process by at There being no objection, the Senate
proceeded to consider the resolution. objection, it is so ordered.
least making sure that we are not The resolution (S. Res. 800) was
harming other people outside the im- Mr. SCHUMER. Mr. President, I
know of no further debate on the reso- agreed to.
mediate zone of intended protected The amendment (No. 6484) to the pre-
beneficiaries of the legislation in ques- lution.
The PRESIDING OFFICER. Hearing amble was agreed to, as follows:
tion. That is all I am asking for here, (Purpose: To amend the preamble)
and it isn’t too much to ask. no further debate, the question is on
adoption of the resolution. In the second clause of the preamble,
States and the Federal Government
strike ‘‘lobbying’’ and insert ‘‘advocacy’’.
can, and surely will, continue to recog- The resolution (S. Res. 848) was
nize the validity of same-sex mar- agreed to. The preamble, as amended, was
riages, and they can do so without Mr. SCHUMER. I ask unanimous con- agreed to.
trampling on the First Amendment sent that the preamble be agreed to The resolution, with its preamble, as
rights of those who believe in tradi- and the motions to reconsider be con- amended, reads as follows:
tional marriage. sidered made and laid upon the table S. RES. 800
That is what it means to live in a with no intervening action or debate. Whereas the American Farm Bureau was
pluralistic society. That is what it The preamble was agreed to. created in 1919 to disseminate college re-
means to live in a society where we re- (The resolution, with its preamble, is search results to farmers;
spect each other’s differences, we allow printed in today’s RECORD under ‘‘Sub- Whereas, since 1919, the American Farm
Bureau has since grown into one of the
each other to be who we are, live as we mitted Resolutions.’’) strongest advocacy organizations in the
choose to live. That can’t be done un- f United States, with 6,000,000 members and af-
less we allow each other to believe as filiated services and member benefits that
we believe and not retaliate against RESOLUTIONS SUBMITTED TODAY
include highly respected insurance compa-
others simply because they believe dif- Mr. SCHUMER. Mr. President, I ask nies;
ferently than we do. unanimous consent that the Senate Whereas the Mississippi Farm Bureau Fed-
Americans of good faith can continue now proceed to the en bloc consider- eration was officially chartered on October
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to live by their own religion and daily ation of the following Senate resolu- 30, 1922, in Jackson, Mississippi, as a proud
life by living as they do and doing so tions introduced earlier today: S. Res. state affiliate of the American Farm Bureau;
Whereas C.L. Neill of Jones County was
without posing any threat to those who 839, S. Res. 840, S. Res. 841, S. Res. 842, elected as the first president of the Mis-
disagree with them. I am confident of S. Res. 843, S. Res. 844, S. Res. 845, S. sissippi Farm Bureau Federation;
that. But this bill does not strike that Res. 846, and S. Res. 847. Whereas the Mississippi Farm Bureau Fed-
balance. It purports to do so, and it The PRESIDING OFFICER. There eration is a strong voice of agriculture for
fails. being no objection, the Senate pro- farmers, ranchers, and rural Mississippians;
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