[Congressional Record Volume 166, Number 114 (Monday, June 22, 2020)]
[Senate]
[Pages S3118-S3119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                            The JUSTICE Act

  Mr. CORNYN. Madam President, as we have been working over these last 
several weeks to develop police reform legislation, I figured the best 
use of my time would be to spend that time listening, as much as 
anything else--listening, for example, to Black Americans about their 
experiences with law enforcement and the changes they would like to see 
in our country; listening to my colleagues in the Senate about the most 
effective ways to make these changes, especially under the leadership 
of Senator Tim Scott, who has personally experienced the injustices we 
are trying to address, and, particularly, this deficit of trust between 
law enforcement and the communities they serve; and listening to 
leaders in Texas who are working hard--in the midst of this pandemic 
and widespread protesting--to keep every single Texan safe. You would 
think, before we decide on what reforms to take, it is important to 
hear from those who know best what is working, what isn't, and what we 
need to do more of.
  A few weeks ago, I called two of my friends, who happen to be the 
mayor of Dallas and the mayor of Houston, Eric Johnson in Dallas and 
Sylvester Turner in Houston, and asked them to help me pull together a 
group of people in both of those major American cities for an open 
conversation about these issues. Less than a week later, I was in 
Dallas for an open and honest conversation with a group of law 
enforcement, faith, and community leaders. They provided very useful 
feedback and ideas that I brought back with me while the JUSTICE Act 
was in draft form. After the bill was introduced last week, I was eager 
to hear from more folks in Texas.
  Last Friday, I traveled to Houston for another similar type of 
discussion at city hall. Like in Dallas, we were able to hear from a 
variety of points of view familiar with these challenges. I was glad to 
also be joined by Senator Cruz and Congresswoman Sheila Jackson Lee. In 
a way, I thought it was a coincidence, but maybe not, that this 
conversation happened on Juneteenth--a day that allows us to reflect on 
the progress we have made in the fight for equality. This year--I would 
say more than normal--it was a reminder of how far we have to go.
  At this point, I would like to say the good news is there is a lot of 
common ground and good will, and I think we have a unique opportunity 
to do what I told the Floyd family I would do when they told me they 
wanted Texas-size justice. I think some good can actually come out of 
this tragedy, their loss of their loved one.
  I heard an inspiring message from Bishop James Dixon, who is the 
pastor at Community of Faith Church and first vice president of the 
Houston NAACP. He talked about the need for unity and action in 
response to the widespread protests we are seeing and encouraged 
everyone, as he put it, to ``dignify the outcry.''
  We need to affirm that, yes, there is a problem; yes, it has gone 
unaddressed for too long; and yes, we are going to do our best to do 
something about it. While there may be differences of opinion on the 
best route to take, the good news is we are all pulling in the same 
direction.
  During our conversation, I was able to talk briefly about the JUSTICE 
Act, which was introduced, as I said, last week. Among other things, 
they seemed to be pleased the bill would strengthen deescalation 
training, as well as training on the duty to intervene in case there is 
something inappropriate occurring, the use of body cameras, 
incentivizing the States to restrict the use of choke holds, and make 
lynching a Federal crime.
  I received some great feedback on how it will ensure that police 
departments nationwide are using proven best practices to keep our 
communities safe. As we prepare to debate this legislation this week, 
that conversation could not have been more timely.
  Another common theme--and I have heard this before--is the growing 
strain on our law enforcement officers. I remember several years ago 
Chief David Brown saying: We ask our police to do too much. Basically, 
they are the ones who we know will go quickly to a crisis and 
intervene, no matter what it is, whether it is a domestic crisis, a 
mental health crisis, or somebody breaking the law. Mayor Turner, in 
particular, talked about how the list of responsibilities we are giving 
our law enforcement officers keeps growing longer and longer and 
longer. They are not just fighting crime; they are responding to calls 
about drug abuse, mental health, domestic violence, homelessness, and a 
range of other crises. Between COVID-19 and the ongoing protests, their 
jobs are not getting any easier.
  As Police Chief Art Acevedo pointed out, police are performing these 
jobs not by design but because there is basically nobody else to do 
them--by default. There is no question we need more support services 
that can help alleviate some of this strain on our law enforcement 
officers. Over the years, we have tried to bolster services 
available for things like the First Step Act, which took prison reform 
from the State level to the national level. We put money into Project 
Safe Neighborhoods grants and Mental Health and Safe Communities Act 
grants. In particular, I remember when we debated the Mental Health and 
Safe Communities Act grants to help train law enforcement to deescalate 
conflicts between people undergoing a mental health crisis, during 
which an escalating level of crisis would be a threat not only to the 
individual who is undergoing that crisis but to the officer, him or 
herself. We actually found it to be very effective, this training.

  As this list of responsibilities we are giving our law enforcement 
officers has grown, so has the need for additional training and 
additional funding for support services--ancillary services that can 
work in conjunction with our law enforcement officials so we can get 
the most efficient, most effective response to the person who needs it.
  That is precisely why defunding the police is not the answer to the 
challenges we are facing. It is really an insult, if you think about 
it, and it is living in a fantasyland.
  Chief Acevedo shared an analogy a fellow police chief and friend of 
his made about the effort to shift responsibility from police to other 
providers. He said: If you are building a new stadium, you wouldn't 
tear down or stop using the old one until the new one was complete.
  If cities strip funding from their police departments without having 
other

[[Page S3119]]

support services in place, our communities wouldn't be more safe; they 
would be significantly less safe. So rather than cutting funding while 
those services are being established and strengthened in cities across 
the country, let's talk about the reforms that make sense.
  The most impactful reforms are going to be made at the State and 
local levels. We can't be a city council for 330 million people. Those 
responsibilities, ultimately, are born at the local and State level. 
They are the ones accountable to the voters for the actions they take 
or don't take at the local level, but we know there is a role for us to 
play. Much of it has to do with identifying things like best practices, 
as well as providing money for training and resources. The hiring is 
done at the local level, officer training is conducted there, and 
decisions about day-to-day police activities are made there.
  During our discussion, Mayor Turner expressed the need for folks in 
Congress to listen to mayors, and I am all for that. For any law we 
pass or reforms we make, they will be the ones responsible for 
implementing the changes we make.
  I have been in close contact with my mayors and other officials 
across the State, and I don't intend for that to stop once we, Lord 
willing, pass a police reform bill.
  This has to be an ongoing conversation between local officials, State 
officials, and those of us who happen to work here in Washington in the 
Congress. This conversation is not going to be a brief one. It is not 
going to be a one-time conversation. This is going to stretch on for 
weeks and months. Really, what we are talking about is a cultural 
change as much as anything else.
  I want to, once again, thank the men and women in Texas who wear the 
uniform of our police departments and those who shared with me their 
ideas and feedback over the last few weeks. It has been incredibly 
valuable and will become even more helpful as we begin debating the 
JUSTICE Act this week.
  Senator Scott, who is leading us on this legislative effort, has done 
a great job of compiling a broad set of reforms that will improve 
transparency and accountability. Many of these provisions, as I said a 
few minutes ago, already enjoy broad bipartisan support.
  This legislation, I believe, will go a long way to improve 
accountability and transparency and deliver real change to communities 
across the country. I am glad that at Senator Schumer's request, 
Senator McConnell put a bill on the floor before the Fourth of July. 
That is specifically what Senator Schumer called for and exactly what 
Senator McConnell said he intends to do.
  Now that we have the opportunity to turn talk into action, it does 
sound like our friends across the aisle are getting cold feet. I have 
been interested to read in the press where some of them said they 
haven't really made up their mind whether they will even allow us to 
get on the bill.
  We can't pass a bill that we can't start. Once we start it, they will 
be given every opportunity to offer amendments to help improve the 
bill. But shutting it down just out of a fit of pique or overt 
politicalization does not do a service to the people we are trying to 
help here: to help our law enforcement officials and to help the 
general public and people who sense a gap of trust between those 
officers and the law enforcement community they serve.
  Our Democratic colleagues are weighing whether to block us from even 
considering this bill, one that will be put on the floor, debated and 
voted on, just as Senator Schumer, the Democratic leader, requested. 
Unfortunately, our friends across the aisle seem focused more on the 
few differences between Senator Scott's bill and the House bill rather 
than the similarities. This is where I think the 80-20 rule ought to 
apply. If we can agree to 80 percent or 70 percent or 60 percent, why 
don't we do that? Why don't we put that in the bank and work on the 
rest?
  The truth is, there are many places where these bills overlap, and 
there is a lot of room for us to find common ground. In order to do 
that, our colleagues across the aisle need to do what maybe is not 
their first instinct and that is to cooperate--that is the only way we 
get things done here--and prove to the American people that they are 
sincere in their desire to see us debate and pass effective reforms. 
There is a difference between doing that and just grandstanding and 
posturing, but this is not a time to grandstand. This is not a time to 
posture. This is a time to roll up our sleeves and work together to get 
things done. We need realistic, resolute, and immediate action in order 
to repair that broken relationship between law enforcement and some of 
the community they serve. So I hope our Democratic colleagues will join 
us in that effort this week.

  I appreciate, for one, the hard work and leadership of Senator Scott 
in drafting this legislation, and I appreciate the majority leader, 
Senator McConnell, for prioritizing its consideration on the floor. I 
am a proud cosponsor of the JUSTICE Act, and I look forward to voting 
for this bill when the opportunity comes.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee.