[Congressional Record Volume 166, Number 107 (Wednesday, June 10, 2020)]
[Senate]
[Pages S2853-S2859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE SESSION
Mr. McCONNELL. Mr. President, I ask unanimous consent to move to
legislative session.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The Senator from Maryland.
Justice in Policing Act
Mr. CARDIN. Mr. President, I rise today in strong support of the
Justice in Policing Act, introduced yesterday by my colleagues Senator
Harris from California and Senator Booker from New Jersey.
I am proud to be an original cosponsor of this legislation. This
legislation is urgently needed after the death of George Floyd in
police custody in Minnesota, which has sent shock waves through the
Nation and the world. I am pleased that the protests have been largely
peaceful, and that where the Senate sits in Washington, our local
leaders have moved to deescalate tensions.
I was pleased on Monday to hold a Facebook Live session with Hillary
Shelton, the director of the NAACP's Washington bureau and senior vice
president for advocacy and policy, as well as Marc Morial, the
president and chief executive officer of the National Urban League and
the former mayor of New Orleans. We talked about this legislation in
some detail.
I received feedback from several of my constituents at my Facebook
Live event on how to improve relations between police and the
communities they serve and how to rebuild trust between them.
Before they first put on a badge, a police officer takes an oath to
uphold the law. Most do so with the best intentions and carry out their
duties with a willingness to help communities. But in far too many
communities around the country, the system in which they work has been
failing. People are dying at the hands of police, predominantly people
of color. Accountability has been tied to public videos rather than
doing the right thing. Incremental reform is no longer an option when
it comes to police reform. We have been patient, but we must do better
to protect the civil rights, human rights, and lives of men, women, and
children of this country.
Congress must finally pass a comprehensive plan to improve training
and community relations, hold police
[[Page S2854]]
accountable, and rebuild trust between law enforcement and the
communities they serve. To that end, I have been proud to work with my
colleagues Senator Booker and Senator Harris in creating a package of
reforms and accountability measures that shows where we need to be as a
nation with a fair and just system of laws.
The package focuses on three major pillars: accountability, data
collection, and training policies. I was proud that two major pieces
included in the Justice in Policing Act are from bills that I have
introduced for many Congresses: the End Racial and Religious Profiling
Act and the Law Enforcement Trust and Integrity Act.
The End Racial and Religious Profiling Act is designed to enforce the
constitutional right to equal protection under the law by eliminating
racial- and religious-based discriminatory profiling at all levels of
law enforcement by changing the policies and procedures. It allows
police to focus their work more accurately rather than wasting
resources on blanket stereotypes. It requires enhanced data collection
for DOJ to track and monitor discriminatory profiling. It holds State
and local enforcement agencies accountable by conditioning Federal
funds on their adoption of policies and best practices to combat
profiling by officers.
The Law Enforcement Trust and Integrity Act takes a comprehensive
approach on how local police organizations can adopt performance-based
standards to ensure that instances of misconduct will be minimized
through training and oversight. The bill provides that, if such
instances do occur, they be properly investigated. It requires the
creation of law enforcement accreditation standards and recommendations
based on President Obama's Task Force on 21st Century Policing.
This bill also enhances funding for so-called pattern and practice
discrimination cases. In Baltimore City, for example, the police
department voluntarily entered into a consent decree in 2017 with the
U.S. Department of Justice to overhaul the police department after the
tragic death of Freddie Gray in police custody in 2015, which led to
civil unrest in Baltimore.
I might add, I am very pleased that we have seen progress in
Baltimore, as evidenced by the types of protests after the Floyd
tragedy. They have been almost all peaceful.
In Baltimore, the Department of Justice report had found a widespread
pattern and practice of illegal and unconstitutional conduct by the
Baltimore Police Department through targeting African-American
residents for disproportionate and disparate treatment. The U.S.
District Court for the District of Maryland is now overseeing a
complete overhaul of the Baltimore Police Department.
We have made progress.
Other important provisions of the Justice in Policing Act will save
lives. The bill bans choke holds at the Federal level and conditions
law enforcement funding on State and local governments banning choke
holds. It bans no-knock warrants in drug cases at the Federal level and
conditions law enforcement funding on State and local governments
banning no-knock warrants. It requires that deadly force be used only
as a last resort and requires officers to employ deescalation
techniques first. It requires better data collection on how and under
what circumstances police officers use force. We need these standards.
We have seen too many tragedies on the misuse of power and force by law
enforcement.
The bill takes important steps to demilitarize our police forces--we
are a civilian society; we are not run as a military state--and
encourage more professionalism, consistent with changing our police
officers' mentality from a warrior mindset to a guardian mindset.
The legislation limits the transfer of military-grade equipment to
State and local law enforcement. It requires Federal uniformed police
officers to wear body cameras and requires State and local law
enforcement to use existing Federal funds to ensure the use of police
body cameras.
This comprehensive legislation takes several important steps to hold
police accountable in courts. It makes it consistent with standard
practice to prosecute offending officers and enables individuals to
recover damages in civil courts when law enforcement officers violate
their constitutional rights by changing qualified immunity for law
enforcement.
Finally, the legislation gives better tools to the Department of
Justice and State attorneys general to investigate and prosecute police
misconduct. It reinvests in our communities by supporting critical
community-based programs to change the culture of law enforcement and
empower our communities to reimagine public safety in an equitable and
just way.
As I mentioned earlier, in Baltimore, after the Freddie Gray tragedy,
we recognized that we needed to do a better job in working with
communities and police, and we reached out. Part of our consent decree
is to improve that relationship, that direct relationship between
police and community.
The legislation that I have mentioned on the floor here establishes
public safety innovation grants for community-based organizations to
create local commissions and task forces to help communities to
reimagine and develop concrete, just, and equitable public safety
approaches.
Let me share with you two stories. I do this because there are so
many people who have come forward and shared their experiences growing
up and living in a society of discrimination.
I remember very vividly, after the Freddie Gray episode in Baltimore,
I met with a group of community leaders in Sandtown, where the tragedy
occurred, and listened to their accounts of how they grew up with the
fear of police and the stories of how they were singled out or
discriminated against by traffic stops and by other harassment just
because of the color of their skin.
So let me share with you two stories that were reported recently in
the paper. One is the story of Michael Turner, his encounter years ago
with the Montgomery County police. Turner was only 18 years of age when
this encounter occurred.
Officers had come to break up a party in the suburban
county and quickly focused on Turner and his fellow African
American friends. They checked IDs. No one was drunk. The
cops asked them to move along. ``One officer looks at us,''
Turner recounted, ``and says, `Now go back to your
projects.' ''
The broader context of the email, written eight days ago,
was Turner's effort to explain why he wanted a protest in
downtown Silver Spring. ``We come in peace, commander,''
wrote Turner, 36. ``March with us. It's time for a change.
I'm ready to help, are you?''
The email set off six days of written and phone dialogue
between Turner and Captain Darren Francke, who commands the
Silver Spring police district for the Montgomery County
department. It culminated Sunday afternoon when Turner,
Francke and three other Montgomery County police officers
took a knee in front of more than 200 protesters facing them
and stretching half a block down Georgia Avenue.
Everyone sat still for 2 minutes 53 seconds, the estimated
time George Floyd lay unconscious with his neck pinned below
the knee of a Minneapolis police officer.
. . . . Turner's protest in the sprawling suburb just miles
north of the District had a different twist: It was a
demonstration put together with the active help of the
police.
To Captain Francke, it all made sense. He had served in the
Pennsylvania Army National Guard and joined the Montgomery
police in 1996. A father of three, including a daughter who
also came to the protest, he previously commanded the
department's major crimes division--supervising murder
investigations throughout the county.
``Thank you for sharing your story,'' Francke wrote. ``I
don't blame you for having a chip on your shoulder. I am not
proud of some things that a few officers did before and now.
. . . I am saddened and angered by what happened to George
Floyd, and a number of other events over many years that were
clearly violations of the values that the vast majority of
officers have. My officers and I will march with you. With
your assistance, we will also help to keep the event safe
from those that would want to turn your message into
something else. We want your message to be heard.''
By 1 p.m. Sunday, more than 200 people had gathered at
Veterans Plaza in downtown Silver Spring. They marched 3
blocks to the corner of Colesville Road and Georgia Avenue,
halted, and waited for Turner to lead everyone to one knee.
He swayed back and forth, his head buried in a towel weeping
as he thought of Floyd's family. Francke stood next to him,
clapping. Next a quick prayer. Then the kneel. The crowd
erupted with applause at the 2 minute 53 seconds mark as the
group marched back to Veterans Plaza.
A series of speakers addressed the crowd. . . . About 3:30
p.m., Turner handed the microphone back to Francke. The
commander told the crowd about Turner's encounter with the
police 18 years earlier. And then the captain turned toward
him. ``I'm sorry,'' he said.
[[Page S2855]]
That sorry, I think, underscores the importance that what happened in
Minneapolis affects everybody in our country, not just the African-
American community.
Let me close with one additional story that was also reported and
brings out a very familiar challenge for African-American families.
As the day drew to a close, DeShawn Rasberry, age 6, and his younger
brother, Davian, age 4, were already tired. They had been at
Pennsylvania Avenue and 13th Street since noon with their mother,
Janessa Smith, age 28, handing out water, Gatorade, and granola bars as
people were passing. The brothers had never seen so many people before,
and neither had Ms. Smith. It was the family's first protest.
``Do you know why all these people are here?'' the mother asked her
younger son. He stared at the crowd, munching on his granola bar that
had crumbled to pieces in his hands. The mother said, ``They're out
here for you.''
Davian was dressed in a Superman cap and a matching T-shirt and
smiled and nodded. Ms. Smith had explained to her sons that they were
here to ``protest,'' which means standing up for something, she said,
and to help others. She hadn't told them that the protest was against
police brutality, spurred by the killing of a man with their same skin
color in police custody.
``They're so young now, still so young,'' Ms. Smith said. ``And right
now they're in love with law enforcement. . . . I don't want to spoil
that. Not yet.''
She pointed out that neither of her children were afraid of police.
Ms. Smith looked at her sons, both just barely coming up to her waist,
gripping cold water bottles. One day she will have to give them ``the
talk'' about police officers, she thought to herself, but not today.
Let's rise to the occasion so that Janessa Smith never has to give
that heartbreaking talk to her boys in Prince George's County, MD. I
urge my colleagues on both sides of the aisle to focus on our common
humanity and respect for the rule of law.
There are examples of best practices in community policing that
should be a guide nationwide. Let us work together to guarantee equal
justice under the law and fulfill the promise of our Constitution in
order to form a more perfect union, establish justice, and ensure
domestic tranquility.
Let this Nation finally guarantee ``Equal Justice Under Law,'' which
is carved in the marble of the entrance to the Supreme Court, which is
just across the street from our Senate Chamber.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mrs. Loeffler). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CORNYN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Criminal Justice System
Mr. CORNYN. Madam President, since the death of George Floyd, the
American people have once again been engaged in a passionate discussion
about racial injustice, which has sadly existed throughout our Nation's
history.
In many ways, the killing of George Floyd was the match in the powder
barrel. It ignited long-overdue conversations about prejudice and
discrimination that still exists in homes, workplaces, and in
particular, institutions charged with keeping us safe.
There is no question that what happened to George Floyd was a failure
of the Minneapolis Police Department. He was killed by police officers
as one applied pressure to his neck and three others stood by and did
nothing. We are going to leave that to the criminal justice system to
make sure that the appropriate people are held accountable, but we are
not off the hook. We have a responsibility, and we have experienced
enough of these tragedies to know that it is not an isolated event.
Black men and women and other minorities across the country have died
in custody for doing things that do not warrant the use of deadly
force. In the case of Breonna Taylor, who was killed in March, she was
asleep in her home when plainclothes officers with a no-knock warrant
used a battering ram to enter her apartment shortly after midnight. She
was asleep in her apartment, and shortly after midnight--no knock--just
a battering ram, and her door is knocked open. Thinking somebody had
broken into her home, which was a reasonable reaction, Breonna's
boyfriend, a licensed gun owner, fired at them. He thought they were
under assault. The officers returned at least 20 shots, killing the 26-
year-old emergency room technician.
Unfortunately, as in too many of these cases, the officers who were
responsible were never held responsible, and that needs to change.
We are engaged in a discussion about how we can root out the
injustices that exist in our criminal justice system. One terrible idea
that has been floated is to defund or even disband the police. I can't
even believe we have to talk about it, but we do because it has been
proposed by a majority of the Minneapolis City Council members. Over
the weekend, nine of them said they will begin the process of ending
the Minneapolis Police Department. Well, I am amazed that we have to
say it, but apparently we must. This is an extraordinarily reckless and
dangerous path to go down. I was glad to see a number of our Democratic
colleagues here in the Senate and over in the House reject such a crazy
idea. I don't know how you can call it anything else.
While it is clear that bold action is required, disbanding
institutions charged with keeping us safe would do more harm than good.
You would think that would be self-evident. If you have a leak in your
roof that suddenly causes your ceiling in your kitchen to crash down,
the solution isn't to eliminate your roof. Sure, it would guarantee you
are never going to have a leak again, but it is going to open you up to
a whole new host of problems that would do far more damage. Our job
here is to fix the leak and figure out how to move forward. The process
in this case isn't going to be quite so straightforward.
Nationwide, we have some 18,000 Federal, State, county, and local law
enforcement agencies. Some have 1 officer, while some have more than
30,000, so they are not all the same. The policies and procedures
governing how the officers in each of these agencies interact with
their community vary widely from one department to the next. By and
large, that makes sense.
If you are in Mayberry with Andy Taylor, it may be a two-police-
officer town. Obviously, you can handle things a little differently
than you can in a major metropolitan city like New York, Dallas, or
Houston. That is why I believe that a one-size-fits-all approach does
not make sense. We simply don't have the expertise, nor do we have the
skill to try to write legislation that will treat 330 million people
the same way.
Yet there are policies and practices that we can promote as best
practices, and that is actually where I think the Federal Government's
role is irreplaceable. It is very important. We can do that and provide
good guidance to the States and local authorities.
One example is the chokehold. Chokeholds are already banned from a
number of law enforcement agencies across the country but not all. In
the past few weeks, State legislatures and city councils have taken
action to ban this dangerous and controversial practice. I have no
doubt more will follow suit. This is a great example of the type of
action we can and should take in Washington to ensure America's law
enforcement officers are helping, not hurting, the very people they are
sworn to protect.
In the Republican caucus, Senator Tim Scott is leading the charge to
develop a package of bills that will make much needed and long-overdue
reforms to our criminal justice system. We have done this before. We
did it with the FIRST STEP Act, bringing State-proven remedies to
prison reform and rehabilitation and safe reentry into society to the
national scale. So we have done this before.
I have been in close discussions with Senator Scott and Leader
McConnell and a handful of other Senators who are interested in trying
to come up with the most effective ways to create tangible change. This
is not going to be a matter of political grandstanding; this is about
practical problem-solving. It is certainly not going to be an effort
just to serve as a political marker. I think there is actually enough
common
[[Page S2856]]
ground where we can do something constructive on a bipartisan,
bicameral basis and get a Presidential signature on it.
One provision in the list of provisions that Senator Scott is putting
together involves legislation that has already received broad
bipartisan support. This provision, which I recommended, included a
bill that Senator Gary Peters, a Democrat from Michigan, and Senator
Graham of South Carolina, chairman of the Judiciary Committee, and I
introduced and passed last year to create a National Criminal Justice
Commission.
I know sometimes people will say ``Well, creating another committee
or another commission doesn't solve the problem,'' but this is not
mutually exclusive. I think this is to supplement the other things we
do here in the near term to come up with a comprehensive view of what
we need to do in our criminal justice system to make it more fair and
to make sure our law enforcement officers receive the best training and
understand the best practices when it comes to community policing.
This is based largely on the same model as the 9/11 Commission. You
recall that after the 9/11 Commission--there were roughly 14 people
appointed by the White House in both political parties here. They
studied the vulnerabilities we had that led to the 9/11 terrorist
attacks and made concrete recommendations to Congress that we took up
and passed. I think that is a sensible way for us to approach the
problems with our criminal justice system writ large. It could include
things like policing reform. That is an obvious one given the concerns
of the day, but it doesn't have to be limited to just that.
We haven't done this sort of top-to-bottom review of our criminal
justice system in America since 1965. This is the legislative version
of finding the leak in your roof. This is the critical first step to
figuring out the full range of problems that exist so we can begin the
repair process.
A similar version of this bill passed the Senate unanimously late in
2018. I hope it can be a part of the conversation we have in the coming
days and weeks about how to respond.
I know minorities across America are hurting right now, and there is
a deficit of trust between many of their communities and the police
departments. That is because too many families had to bury their sons
or daughters who were killed without justification. While we can't turn
time back, we can take action to prevent history from repeating itself.
A couple of days ago, I had the honor of talking to George Floyd's
family as they were preparing for his funeral yesterday in Houston. I
told them that at times like these, I know how inadequate words can be,
but if there was some comfort that I could offer, it is that his death
is not in vain, that something good will come out of this. I think that
is true.
This repair process isn't going to be quick or easy. It is not
something we can turn to next week and take off our plate and forget
about it. This has been a long march since America was founded when we
committed the original sin of treating part of our population--our
African-American population--as something less than fully human. We
fought a civil war over slavery, and in the 1960s, we had pretty
controversial and chaotic times, which led to legislative work that
protected the vote of minorities and protected civil rights writ large.
This is going to require a long-term, bipartisan commitment, not just
from us in Washington but folks in the State capitals, city halls, and
police departments across the country.
Because ultimately it is the local officials who have the
responsibility to hire and fire the police chief, to make sure that bad
police officers are removed from the force, and that is where the near-
term responsibility needs to lie because we don't have that capability
here.
But we do believe--I do believe there are concrete steps we can take
right now to address the racial injustices that were exposed once again
with the death of Mr. Floyd. I appreciate Senator Scott and Leader
McConnell for responding to this crisis with the urgency that it
deserves, and I am proud to be part of this effort in the Senate.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Perdue). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BLUNT. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
H.R. 1957
Mr. BLUNT. Mr. President, this week we are considering the bipartisan
Great American Outdoors Act. I think it is fair to say that this is one
of the most important packages of conservation legislation that we have
seen in a long time. It might be fair to say that it is the most
important piece of legislation since President Theodore Roosevelt
dramatically made additions to the National Park System just a little
more than 100 years ago.
The bill essentially combines two important provisions--the Restore
Our Parks Act and the Land and Water Conservation full funding act. I
am a cosponsor of both of those. We have been trying to do the things
that those two bills both do for a long time, and here we are.
During World War II--we are just within a few days of D-day--
President Eisenhower--at that time General Eisenhower--had a view that
sometimes if a problem is too big to solve or seems to be too hard to
solve, you solve it by making it bigger.
Interestingly, what we have done here with two things that we have
been trying to do for a long time--to have full access to the reason
the Land and Water Conservation Act was created and to do a better job
maintaining our parks--that has all been combined into the Great
American Outdoors Act.
The first thing this act does is, frankly, make a significant
investment for the deferred maintenance we have on all kinds of Federal
land. It is one of our challenges as a government generally. It has
been specifically one of our challenges as it relates to the National
Park System, to the Forest Service, to the Fish and Wildlife Service,
to the Bureau of Land Management--every one of those has deferred
maintenance issues that have been there for a long time. In fact, some
of them have been there for decades.
I mentioned earlier that the Park System as we now know it is a
little more than 100 years old. Some of these maintenance issues are
decades old, maybe 50 years old. Maybe half of the life of the entire
Park Service we have had these issues on a list of something that needs
to be done.
In Yellowstone, the high bridge that thousands of cars go over every
summer--that bridge needs to be repaired. The water maintenance systems
in our parks where particularly they have overnight accommodations and
other things--many of those systems are almost as old as the parks
themselves. There are buildings we have in all those locations where
the access is no longer appropriate and hasn't been for a long time.
Sometimes that meant you just closed the visitor center. You closed
that part of the park that people previously had a way to get into and
see a display, look at an exhibit, but because of disability issues
that should have been fixed long ago, they haven't been able to.
We have been saying--I have been saying certainly for several years
now that the second century of the Park System needs to be different
from the first century of the Park System.
We need more private-public relationships. We saw a great example of
that at the renewal of the arch and the museum and the area in St.
Louis that just had a significant effort made, almost all by either
local or private funds--very few Federal dollars there. But if you are
going to have a private-public partnership, the public needs to do its
part, and we are talking today about how the public would do its part
in maintaining the parks, expanding the parks, building a new facility,
repairing a facility, changing access to a facility.
But a lot of this deferred maintenance will not be all that obvious.
It is just something that has to be done. And because it is not all
that obvious--the bridge hasn't collapsed yet, and the water system
still appears to be producing water that people can use, so let's worry
about that at some future time. Well, the future time is here.
[[Page S2857]]
This act will work to help improve the visitor experience at the
park--certainty at the units in my State and, Mr. President, your
State. I have been to a number of the facilities in Georgia that will
be impacted by this.
In Missouri, there is the westward expansion that is celebrated at
the arch, and we just made a significant investment in that facility.
The Truman home in Independence will be a National Park Service
facility. The first park in America dedicated to an African American, a
national park, the George Washington Carver park at Diamond, would be a
place that would potentially benefit from this. The new park that we
have established in Ste. Genevieve, MO, that has more of the original
French architecture left--vertical log architecture and big porches
that would have looked like a farmhouse in Normandy with a Caribbean
porch put on it--numbers of those are going to create one of the best
walking historic parks in America. That park would benefit.
So the Federal Park System benefits, but this legislation also
includes permanent annual funding for the Land and Water Conservation
Fund.
When you think of the title of the fund, why would you have to do
permanent funding to be sure that the Land and Water Conservation Fund
got spent on land and water? It doesn't seem to be a genius move to do
what we are doing here. What we are doing here with this fund is taking
about $900 million a year that has been going in many cases for other
purposes and saying: No. We collect the fund for this purpose. Let's
use it for this purpose. It is not like we ran out of things to do with
the money, and so we decided to put it somewhere else. But this does
what the fund is supposed to do with the fund.
In our State, again, in Missouri, over the past 50 years we spent
about $150 million out of that fund. The fund is being used to protect
historically significant sites like the Mark Twain National Forest, the
Ozark National Scenic River, and the Big Muddy National Fish and
Wildlife Refuge. They have all been beneficiaries of that fund to some
extent. The Wilson's Creek National Battlefield has been a beneficiary
of that fund. The fund was created for the purpose that this
legislation will ensure it largely serves.
We know that we have to build important relationships between local
communities, between the Park Service, and between the American public
to ensure that these sites are managed in the right way, that they are
preserved for the future, and that they are safe to use for the
millions of Americans who are going to use them this summer and next
summer and the summer after that, and this winter and next winter and
the winter after that.
In addition to the preservation and conservation efforts, the bill
will help, frankly, bolster Missouri's outdoor recreation industry, and
it is significant. The Outdoor Recreation Industry Association says
that we generate about $14 billion--almost $15 billion--in our State in
consumer spending, and about 133,000 jobs are created in Missouri
because of outdoor recreation. About 5 million American jobs are
created and around $800 billion of economic activity are created
because of the ability to use these and other outdoor resources.
This is obviously not a normal year. So anything we can do to
encourage people to use these facilities in a better way is important,
as is anything we can do, as we look to the future, to maintain them
and hand them over. And we have a chance here on all of these areas,
whether it is the bureau of public lands or the national forests or the
national parks, we have a chance to hand them to the next generation in
better shape than we got them. We have a chance to look at projects
that have been on the ``we need to do this'' list for 40 and 50 years
and do what is needed to be done for 40 or 50 years.
I am proud to be an original cosponsor of this bill. I am proud of
the leadership, particularly of Senator Gardner and Senator Daines, on
our side on this effort, and the best bipartisan support that this bill
will have. I look forward to voting for it. I urge my colleagues to
vote for it, and, even more importantly, I look forward to seeing this
bill have the impact that it absolutely will have and has to have on
the important resources that we need to make the right kind of
investment in.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont
Issues Facing America
Mr. SANDERS. Mr. President, as everybody knows, our country today
faces an extraordinary set of crises--unprecedented, in fact--in the
modern history of this country. Over the last several weeks, hundreds
of thousands of Americans from one end of this country to the other,
from big cities and small towns, have rightly taken to the streets to
demand an end to police murder and brutality and, in fact, to rethink
the nature of policing in America.
In the midst of that--that rising up for police department rethinking
and police department murder and brutality--our country continues to
suffer from the COVID-19 pandemic, which, in a number of locations in
this country, is actually getting worse and which has, up to this
point, killed over 110,000 people and infected over 2 million
Americans.
Then, on top of all of that--the struggle for racial justice and
dealing with a pandemic in the midst of all of that--we have the worse
economic downturn since the Great Depression of the 1930s. In the last
number of months, as you know, over 32 million Americans have lost
their jobs.
In the midst of the struggle for racial justice, in the midst of this
horrific healthcare crisis, and in the midst of this economic meltdown,
the American people are demanding to know what their government is
doing in response to these crises. We were elected as Senators and
Members of the House to respond to the needs of the American people.
All over this country the American people are looking around them. They
see the struggle for racial justice. They see a pandemic. They see an
economic meltdown. And many of them are asking what the Republican
leadership here in the Senate is doing. There is crisis after crisis
after crisis, and what is the leadership here in the Senate doing?
Tragically, the answer is nothing--nothing.
Historians have suggested that in the year 64 AD, while Rome was
burning, the Emperor Nero played his fiddle. At least he did something.
He provided entertainment to his court. But here, in the U.S. Senate,
Republican Leader McConnell and his leadership team are doing nothing.
Sadly, tragically, this is the worst do-nothing Senate in modern
American history, and every Member of this body should be deeply
ashamed at the degree to which we are failing our constituents.
Enough is enough. The U.S. Senate must respond to the pain and the
suffering of the American people. Let us quickly wrap up debate over
the Land and Water Conservation Fund act, which is on the floor right
now. Let us wrap up debate, and let us vote on this bill. It is a good
bill. Let's pass it. Then, let us begin to work on the unprecedented
crises that are facing our country.
If there is anything that the torture and murder of George Floyd by
Minneapolis police has taught us is that we have to rethink the nature
of policing in America and reform our broken and racist criminal
justice system.
Let us be clear. The murder of George Floyd is not just an isolated
incident. It is the latest in an endless series of police killings of
African Americans--including Eric Garner, Sandra Bland, Laquan
McDonald, Tamir Rice, Alton Sterling, Breonna Taylor, Freddie Gray,
Rekia Boyd, Walter Scott, and many, many, many others. If anyone thinks
that these police murders have just begun to take place in recent years
when people had cell phone cameras, you would obviously have been
mistaken. This has gone on forever.
The American people are rightly demanding justice and an end to
police brutality and murder. The U.S. Senate has got to act now. We
have to hear the cries for justice that are coming from the streets of
this country, that are coming from the African-American community, from
the White community, from the Latino community, and from all of our
people. We must act and we must act now.
Let me just suggest some of the items that must be in the legislation
that we pass. This is a limited number. We can do more.
[[Page S2858]]
In my view, every police officer involved in a killing must be held
accountable, and those found guilty must be punished with the full
force of law. That includes officers who stand by while these brutal
acts take place. Every single killing of a person by police or while in
police custody must be investigated by the Department of Justice. We
must create a process by which police departments look like the
communities that they serve and not look like invading armies.
We need to abolish qualified immunity so police officers are held
civilly liable for abuses. We need to prohibit the transfer of
offensive military equipment to police departments. We need to strip
Federal funds from departments that violate civil rights. We need to
provide funding to States and municipalities to create a civilian corps
of unarmed first responders to supplement law enforcement.
For too long we have asked police departments to do things which they
are not trained or prepared to do and have criminalized societal
problems like addiction, homelessness, and mental illness. These are
not problems solved by incarceration.
We need to make records of police misconduct publicly available so
that an officer with a record of misconduct cannot simply move two
towns over and start again.
We need to require all jurisdictions that receive grant funding to
establish independent police conduct review boards that are broadly
representative of the community and that have the authority to refer
deaths that occur at the hands of police or in police custody to
Federal authorities for investigation.
We need to ban the use of rubber bullets, tear gas, and pepper spray
on protesters. We need to make certain that when people go to the
street to protest, they are not treated like criminals and their basic
constitutional rights are not denied. The struggle for racial justice
is just one of the crises that we have to address.
Today, we are looking at a pandemic unprecedented in the last 100
years, and I would tell you that New Zealand, a very small country of
about 5 million people, did something rather interesting--not
surprising but interesting. They listened to their scientists. They
acted boldly at the start of the pandemic, and they had political
leadership trusted by their citizens. The result is that just the other
day, New Zealand was able to announce that the COVID-19 virus was
virtually eliminated in their country and they could reopen their
economy safely--safely.
On the other hand, in the United States, under President Trump, we
have a President who downplayed the crisis from the very beginning, who
ignored or attacked scientists, and who most people recognize is a
pathological liar, not to be trusted.
In New Zealand and in many other countries, bold and intelligent
action saved lives, and in our country, incompetent leadership cost us
lives.
Well, we cannot bring back those who unnecessarily died or who have
become ill, but what we can do is take action now to do everything
possible to minimize unnecessary deaths and illness in the future.
First and foremost, we need a national protocol based on science to
address this pandemic and not have 50 States and hundreds of
communities going forward in different directions. There is a way to
effectively deal with this crisis, and that leadership should be coming
from the Federal Government. What we are talking about is the need,
among other things, for increased testing and how to best utilize that
testing as we talk about opening businesses and schools. We need,
through the Defense Production Act and any other approach, to make
certain that all medical personnel have the necessary personal
protective equipment that they need.
Even today, months after the pandemic erupted, doctors and nurses
still lack the equipment they need to protect themselves. I was on the
phone just a couple of weeks ago with people in Vermont who work in
clinics. They still do not have the protective equipment they need.
We need to produce hundreds of millions of the most effective masks
that we can so as to protect all Americans, above and beyond medical
personnel. Masks are an important part of fighting this pandemic, and
every American should be able to have the best quality masks possible.
Working with the international community, we need to make certain
that a safe vaccine is produced as quickly as possible and that it is
distributed to every American for free. I have asked the Trump
administration on several occasions. God willing, that vaccine will be
produced soon--as soon as possible. We all want that.
As you know, the Federal Government is spending billions of dollars
to help develop that vaccine, giving money to the drug companies. That
is fine, but after that vaccine is developed, it must be distributed to
every man, woman, and child in this country at no cost. I don't want to
see people dying because they can't afford to pay for a vaccine. I
don't want to see the drug companies profiteering from this Federal
investment.
When we are talking about responding to the pandemic, we are talking
about workers who are on the frontlines, whether they are medical
professionals, workers in transportation, grocery stores, drug stores,
meatpacking plants, or whatever. They must receive hazard pay for the
dangerous work that they do. I get a little bit tired of seeing these
TV ads from big corporations thanking the heroes who are out on the
frontlines. Well, that is great. Thank them, but pay them. Pay them
hazardous pay for the dangerous work that they are doing. We can no
longer allow multi-billion dollar corporations like Amazon, Walmart,
and Tyson Foods to treat essential workers like expendable workers--
like sacrificial workers. We can no longer allow multi-billion dollar
corporations to run advertising calling their workers ``heroes'' while
paying them starvation wages and treating them disrespectfully.
It is not just the racial justice crisis we face, not just the
pandemic we face, but we are in the midst of an unprecedented economic
crisis, and we must act boldly and aggressively to protect the American
people in the midst of this crisis. As we speak, tens of millions of
people have lost their jobs. They are worried about being evicted from
their apartments. They are worried about losing their homes. They are
worried about putting food on the table. In Vermont--and, I suspect, in
every State in this country--there are people lining up at emergency
food banks to get the food they need to feed their kids. Anyone who
thinks that this is not a moment of urgency does not understand what
the word urgency means. When people in America go hungry, we have to
act. When people are being evicted from their apartments or losing
their homes, we have to act, and we have to act now, not a month from
now, not 2 months from now.
No, President Trump, this is not a time to take a victory lap. The
real unemployment rate remains over 20 percent, the highest it has been
since the Great Depression. Unless we get our act together boldly, over
half of small business owners in America will be forced to close their
doors for good within the next 6 months. We need to respond vigorously
to the economic crisis that we face and the pain and suffering of the
American people.
Now, what does that mean? Again, these are just a few of the
provisions that have to be passed. We need to pass a paycheck security
act which does what many European countries do, and that is to provide
workers with 100 percent of the paychecks and benefits they previously
received. According to a recent study from the University of California
Berkeley, if we had adopted a paycheck guarantee program similar to the
one in Germany, 24 million Americans would have a job today. Instead,
we are seeing President Trump and Senator McConnell taking a victory
lap because we created some 2 million jobs last month. That is good,
but when we have 32 million people who have lost their jobs in recent
months, we have to act, and we have to act boldly.
In my view, during this crisis, we must make sure that every American
gets the healthcare they need by expanding Medicare to cover the
underinsured, the uninsured, and the needs of people who have private
insurance but inadequate private insurance. In my view, in the midst of
this crisis with so much economic suffering, we need to provide every
working-class
[[Page S2859]]
person in this country with a $2,000 emergency payment each and every
month until the crisis is over, so that they can pay the rent, feed
their families, and deal with their basic needs.
Furthermore, as a top priority, we have to make sure that nobody in
America goes hungry, and that means substantially expanding the Meals
on Wheels program, the school meals programs, and SNAP benefits.
Here we are. All over this country people are demanding an end to
police killings and brutality and demanding racial justice in this
country. All over this country, people are being infected with a virus
and continue to die, and all over this country, people are wondering
how they are going to pay their bills because they have lost their jobs
and have, in some cases, no food in the cupboard. If there was ever a
time in the modern history of this country that the Senate and the
House are called upon to stand up for families, for the working
families of this country, who are struggling, who are living in
emotional anxiety, who are scared to death about what is going to
happen in the future, and if we are to reaffirm faith in government in
this country to know that we are seeing and hearing that pain, now is
the time. So today, I just call upon my colleagues. I know we have
disagreements, but let us understand the urgency of the moment. Let's
deal with the pandemic. Let's save lives. Let's deal with the economic
crisis. Let's put people back to work. Let's deal with the issue of
racial justice. Let's fight to end racism in this country. There is an
enormous amount of work to be done. Let's do it. Thank you.
The PRESIDING OFFICER. The Senator from Wyoming.
Coronavirus
Mr. BARRASSO. Mr. President, I come to the floor today having just
heard the Senator from Vermont talking about the Nation in its effort
to recover from the coronavirus crisis and the economic crisis as a
result, and other important issues affecting our country. I heard him
say that we have not done enough and need to do more, specifically with
an economic recovery, with a coronavirus recovery, and it sounded like
almost a liberal wish list of government providing for food, clothing,
shelter, and income for every American.
I come to the floor today to tell you what we have done, in a
historic way, because we passed the largest economic rescue package in
the history of this country--trillions and trillions of dollars. This
Senate, the House, and the White House went all-in to respond to and
help us as a nation to recover from the coronavirus crisis.
Last week, the Senate passed and the President signed another
bipartisan bill to help small businesses across our country. It is the
Paycheck Protection Program Flexibility Act. That is what the people of
Wyoming were asking for--this very successful Paycheck Protection
Program, with flexibility, so it would be easier for our small
businesses to use the relief funds. And 1,000 businesses in Wyoming
took over $1 billion in loans, and it is keeping our economy alive,
breathing life into the economy, and allowing paychecks to continue to
be paid as our businesses reopen.
All across the country, this jobs-saving effort is working, because
last month the U.S. economy added 2.5 million jobs. It smashed all
expectations. It was the largest single month of job growth in this
Nation in the history of our great country. Americans literally ran out
the front door and back to work. Unemployment was down in May. It
defied all of the forecasts and defied what we just heard the Senator
from Vermont talking about and what his expectations have been.
We are headed for a faster economic rebound than anyone has imagined.
Across the country, the State lockdowns have been ended. States have
started to safely reopen. Small businesses are reopening. People are
going back to work. I thought I heard the Senator from Vermont say that
he was thinking that half of all the small businesses in America
wouldn't be able to reopen again ever.
Young people are going back to school. K-12 schools and colleges are
planning to reopen this fall. Of course, I don't think any of us were
surprised to see the University of California system say that they are
going to stay closed until 2021--until next year, all 10 campuses--
because in California, one size fits all. But for the rest of our
Nation, the schools and the colleges are reopening and students will be
heading back to campus.
There is a return-to-normal routine that is going to boost our
communities. As the American recovery begins, we are going all in to
keep people safe. That is a big part of it. That means more virus
testing, more treatment, and better treatment and vaccines.
Innovations are rapidly expanding testing. The country has now
performed more than 22 million coronavirus tests. Nearly a half million
tests are done every day, including today. Our researchers, our
scientists, and our doctors are making record progress on a vaccine. We
are calling this effort Operation Warp Speed. It is a public-private
partnership with companies producing a vaccine for the American people
that will then be used around the world. The private sector finalists
will soon be announced. The government will support their vaccine work,
will assist with clinical trials, and will prioritize review of the
most promising vaccines.
One of the companies, called Moderna, is in phase 2 trials and plans
to start phase 3 in July. The Food and Drug Administration approval is
then the final step. Another company, AstraZeneca, plans to end phase 2
and phase 3 trials over the next few months.
AstraZeneca just announced a new partnership with the Biomedical
Research Authority and the Defense Advanced Research Projects Agency.
So our military is joining in this public/private partnership. This
project may deliver emergency vaccines as early as October, which would
certainly be record-breaking. The pharmaceutical company Merck will
conduct trials in July. Johnson & Johnson plans phase 1 and phase 2
trials for July as well. Pfizer hopes to have a vaccine ready by
October. The goal is to make a safe, effective vaccine and make it
available to all Americans by January of 2021.
Operation Warp Speed partners want to beat this, and they want to
make that their most ambitious goal--beating timelines that have never
been beaten before, breaking the records. At the same time a number of
other companies are pursuing a vaccine independently. America's
researchers, scientists, and doctors have dropped everything and are
working in overdrive. They have gone all in.
One major drug company CEO said yesterday that there will be no big
price for the coronavirus vaccine. Every company should make that same
pledge. Every company should make that same pledge. This is a
tremendous opportunity for companies to do the right thing, to make the
vaccine as accessible as any vaccine in the history of our Nation.
As we begin to recover from this crisis, the goal is clear, and it
has been clear: We want to keep Americans safe and get them back to
work. Together, that is what we must all endeavor to do.
Thank you.
I yield the floor.
The PRESIDING OFFICER (Mr. Boozman). The Senator from Louisiana.
____________________