[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S9730-S9735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


     
     
                  GREAT DISMAL SWAMP NATIONAL HERITAGE AREA ACT
     
       Mr. WYDEN. Madam President, at this time, I ask unanimous consent 
     that the Committee on Environment and Public Works be discharged from 
     further consideration of H.R. 1154, and the Senate proceed to its 
     immediate consideration.
       The PRESIDING OFFICER (Ms. Rosen). Without objection, it is so 
     ordered.
       The clerk will report the bill by title.
       The bill clerk read as follows:
     
            A bill (H.R. 1154) to authorize the Secretary of the 
          Interior to conduct a study to assess the suitability and 
          feasibility of designating certain land as the Great Dismal 
          Swamp National Heritage Area, and for other purposes.
     
       There being no objection, the committee was discharged, and the 
     Senate proceeded to consider the bill.
       Mr. WYDEN. I ask unanimous consent that the bill be considered read a 
     third time and passed and the motion to reconsider be considered made 
     and laid upon the table.
       The PRESIDING OFFICER. Without objection, it is so ordered.
       The bill (H.R. 1154) was ordered to a third reading, was read the 
     third time, and passed.
       The PRESIDING OFFICER. The Senator from Maine.
     
     
                            Electoral Count Reform Act
     
       Ms. COLLINS. Madam President, the Senate is on the verge of enacting 
     legislation included in the Consolidated Appropriations Act that would 
     remedy the deep structural problems with our system of certifying and 
     counting the electoral votes for President and Vice President.
       These unfortunate flaws are codified in the 1887 Electoral Count Act, 
     which guides the implementation of part of the Presidential election 
     process included in our Constitution. This archaic law, vaguely written 
     in the inaccessible language of a different era, was intended to 
     restrain Congress; but in practice, it has had the unintended effect of 
     creating ambiguities that could potentially be used to expand the role 
     of Congress and the Vice President in ways that are contrary to the 
     Constitution.
       Despite its defects, this law was not an issue for more than a 
     century because of the restraint of the people who exercise the 
     serious, but limited, constitutional responsibility of counting the 
     electoral votes. Vice Presidents and Congress sustained the will of the 
     people, even when they did not like the result.
       It took the violent breach of the Capitol on January 6, 2021, to 
     really shine a spotlight on the urgent need for reforming this law. 
     Earlier this year, I, along with a dedicated bipartisan group of our 
     colleagues, set out to craft legislation to reform and modernize the 
     Electoral Count Act. Our bipartisan group worked day and night over the 
     period of several months to reach a bipartisan consensus on a series of 
     reforms that will prevent this outdated law from being used to 
     undermine future Presidential elections.
       I am pleased that our legislation, the Electoral Count Reform and 
     Presidential Transition Improvement Act, is included in the bill before 
     us. This bill is the result of countless hours of deliberations by 
     members of our working group. Cosponsored by 39 Senators, our bill 
     enjoys broad bipartisan support and was reported favorably by the 
     Senate Rules Committee by a vote of 14 to 1 after an excellent hearing 
     at which the committee members heard from a wide range of 
     constitutional experts.
       I want to express my gratitude to my friend and partner in this 
     effort, Senator Joe Manchin, and to all the members of our group for 
     their work to craft this legislation. Specifically, Senators Romney, 
     Shaheen, Portman, Sinema, Murkowski, Warner, Tillis, Murphy, Capito, 
     Cardin, Young, Coons, and Sasse have dedicated countless hours to this 
     effort.
       I also want to recognize Senators Klobuchar and Blunt. They are the 
     leaders of the Senate Rules Committee. They provided their advice and 
     counsel throughout this process and shepherded the bill through their 
     committee.
       Leaders McConnell and Schumer cosponsored our bill and trusted us to 
     undertake this vital task.
       I want to thank all of the cosponsors, as well as Representatives 
     Gottheimer and Upton, who introduced a companion bill in the House of 
     Representatives.
       In developing our bill, we also consulted with several election 
     experts and legal scholars whose analysis helped shape the bill. Our 
     bill would replace the ambiguous provisions of this 19th century law 
     with clear procedures that maintain appropriate state and Federal roles 
     in selecting the President and Vice President as set forth in the 
     Constitution. It will also ensure that the electoral votes tallied by 
     Congress accurately reflect each State's public vote.
       There are a number of important reforms included in our bill. Let me 
     take just a moment to highlight a few of them.
       First, our bill reasserts that the constitutional role of the Vice 
     President in counting the electoral votes is strictly and solely 
     ministerial. The idea that any Vice President would have the power to 
     unilaterally accept, reject, or change electoral votes or halt their 
     counting is antithetical to our Constitution and basic democratic 
     principles.
     
     [[Page S9731]]
     
       Second, our bill raises the threshold to lodge an objection to 
     electors to at least one-fifth of the duly chosen and sworn Members of 
     the House and the Senate. Currently, it takes only a single Member in 
     each body to object to an elector or a slate of electors. I would note 
     that in four of the past six Presidential elections, this objection 
     process has been abused, with members of both parties raising frivolous 
     objections to electoral votes. By raising that threshold from one 
     Member of each body to 20 percent of each body, we can do away with the 
     completely frivolous objections, while ensuring that serious concerns 
     are still heard.
       Third, our legislation would ensure that Congress can identify a 
     single conclusive slate of electors by clearly identifying a single 
     State official who is responsible for certifying a State's electors, 
     requiring Congress to defer to the slates of electors submitted by a 
     State pursuant to the judgment of State or Federal courts and by 
     providing Presidential candidates with an expedited judicial review of 
     Federal claims related to a State's certificate of electors.
       Let me be clear that this does not create a new cause of action. 
     Instead, what this provision will do is ensure a prompt adjudication of 
     disputes.
       To help promote the orderly transfer of power, our bill also includes 
     clear guidelines for when eligible Presidential candidates may receive 
     Federal resources to support their transition into office. I 
     particularly want to thank Senators Portman, Coons, and Sasse for their 
     hard work on this portion of the bill.
       Nothing is more essential to the survival of a democracy than an 
     orderly transfer of power. And there is nothing more essential to that 
     orderly transfer of power than clear rules for affecting it. Our bill 
     provides those clear rules.
       I urge my colleagues to support this historic legislation and I thank 
     all who are involved to bringing us to this reality.
       I yield the floor.
       I suggest the absence of a quorum.
       The PRESIDING OFFICER. The clerk will call the roll.
       The bill clerk proceeded to call the roll.
       Ms. COLLINS. Madam President, I ask unanimous consent that the order 
     for the quorum call be rescinded.
       The PRESIDING OFFICER. Without objection, it is so ordered.
     
     
                              Tribute to Rob Portman
     
       Ms. COLLINS. Madam President, seeing no one seeking the floor at the 
     moment, I would like to rise today to thank my valued colleague and 
     dear friend Rob Portman for his outstanding contributions to our 
     Nation.
       Rob's 12 years in the Senate tell only a part of the story of his 
     remarkable record of public service that extends three decades. Under 
     President George H. W. Bush, he served as Legislative Affairs Director 
     and Associate White House Counsel.
       He was then elected to the House of Representatives seven times from 
     Ohio's Second District. In 2005, Rob left Congress to serve in the 
     administration of President George W. Bush, first as U.S. Trade 
     Representative and later as Director of the Office of Management and 
     Budget.
       In each of those roles, Rob established a well-deserved reputation as 
     a problem-solver, focused on practical results rather than political 
     advantage.
       He is a leader who treats his colleagues with respect, and he has the 
     highest regard for the constituents he serves.
       In the Senate, Rob continued to advance many of the issues that he 
     championed in the House. These included ending sex trafficking through 
     the internet, pushing for fair trade policies that support U.S. 
     manufacturers, improving workforce development programs, protecting our 
     national parks, and promoting energy conservation.
       Rob Portman has been a remarkably successful legislator. During his 
     Senate tenure, he has introduced more than 240 bills, including 200 
     bipartisan measures. Under Democratic and Republican Presidents, more 
     than 150 of his legislative proposals have been signed into law.
       One of those laws is transforming the lives of those who are 
     struggling with addiction. The Comprehensive Addiction and Recovery 
     Act, enacted in 2016, has significantly increased medication-assisted 
     treatment for opioid use and was a monumental leap forward in our 
     ongoing work to boost resources to address this public health crisis 
     and bring hope, recovery, and healing to individuals and communities 
     that have been devastated by the opioid epidemic.
       Rob has also led bipartisan efforts for decades to pass historic 
     reforms to strengthen the private retirement system to ensure that 
     Americans have the resources that they need to save for retirement.
       His efforts have helped retirement savings to increase from $11.3 
     trillion in 2001 to $29.1 trillion in 2022. And he continues that 
     effort knowing that we still have a troubling gap in the amount of 
     money that people will need for a comfortable retirement versus what 
     they have saved.
       I am proud to have partnered with Rob on many of these initiatives. 
     One in particular that stands out in my memory is our work together to 
     develop and pass the bipartisan Infrastructure Investment and Jobs Act.
       We were among a group of 10 Senators--5 Republicans and 5 Democrats--
     who were resolved to break through the partisan gridlock and deliver 
     this long-overdue victory to the American people.
       After months of working night and day, our bipartisan negotiations 
     resulted in a truly transformational package for our country that is 
     the most significant investment in infrastructure since the 
     establishment of the Interstate Highway System in the 1950s. We would 
     not have been successful without Rob's leadership.
       On top of his many legislative accomplishments, Rob has always backed 
     a strong national defense and has been an outspoken champion for 
     freedom around the world. For the past 2 years, he has been a leading 
     voice in supporting the people of Ukraine against the unprovoked and 
     brutal Russian invasion that began 300 days ago.
       Rob is also a champion of democracy and liberty here at home. He has 
     been a strong ally in our bipartisan work on the bill I just discussed, 
     and that is the modernization and reform of the Electoral Count Act of 
     1887.
       He is also an original cosponsor of the Respect for Marriage Act, 
     which has enshrined marriage equality for the purposes of Federal law 
     and provides additional legal protections to ensure religious liberty 
     as well.
       When Rob announced that he would not seek reelection, he said this:
     
            ``We live in an increasingly polarized country where 
          members of both parties are being pushed further to the right 
          and further to the left, and that means too few people are 
          actively looking to find common ground. This is not a new 
          phenomenon, of course, but a problem that has gotten worse 
          over the past few decades.''
     
       I would say to my friend and my colleague Rob that one of his most 
     enduring legacies will be the example he has set of bringing our 
     country together, of bringing the Members of this body together to 
     address the many challenges we face.
       It has been an honor to serve with my friend Rob Portman, and I look 
     forward to the many contributions he will continue to make in this next 
     chapter of his life.
       I wish him, his wife Jane, and all of their wonderful family all the 
     best in the years to come.
       The PRESIDING OFFICER. The Senator from Michigan.
       Ms. STABENOW. I suggest the absence of a quorum.
       The PRESIDING OFFICER. The clerk will call the roll.
       The bill clerk proceeded to call the roll.
       Mr. PORTMAN. Madam President, I ask unanimous consent that the order 
     for the quorum call be rescinded.
       The PRESIDING OFFICER. Without objection, it is so ordered.
       Mr. PORTMAN. Madam President, I just had the opportunity to hear from 
     Senator Collins about some of the legislative accomplishments I have 
     had over the years, and I want to say two things. One, on so many of 
     those issues, it was Susan Collins--as I call her, ``the indispensable 
     one''--who through hard work and grit and, frankly, understanding of 
     the issues better than anyone else around the table, is able to succeed 
     in finding ways forward on tough issues that face our country. She 
     mentioned infrastructure as an example, but, more recently, there is 
     the Electoral Count Act, which I think is going to be broadly supported 
     by our
     
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     colleagues but required that kind of deep understanding and knowledge 
     of the issues.
       Second is that there is no one more bipartisan and interested in 
     finding results than Senator Collins.
       So I appreciate her words, but, as they say, right back at you, 
     Senator Collins, and thank you for your friendship and for your 
     willingness to put up with me over the years on so many of these 
     important issues.
       I yield the floor.
       I suggest the absence of a quorum.
       The PRESIDING OFFICER. The clerk will call the roll.
       The bill clerk proceeded to call the roll.
       Mr. CARDIN. Madam President, I ask unanimous consent that the order 
     for the quorum call be rescinded.
       The PRESIDING OFFICER. Without objection, it is so ordered.
       The Senator from Maryland.
     
     
                                  Anti-Semitism
     
       Mr. CARDIN. Madam President, tonight, Jews in America and around the 
     world will be celebrating the fourth night of Hanukkah. Hanukkah 
     represents the successful revolt by the Maccabees against suppression 
     of the Jewish community that dates back to the second temple, in the 
     second century BCE. So we have seen, over a long history of the world, 
     attacks against the Jewish people and the unfortunate anti-Semitism 
     that has existed since basically the beginning of time.
       What is shocking is the current increase in the number of anti-
     Semitic episodes that we have seen in speech and in action here in the 
     United States and around the world.
       Let me bring it closer to home. Last Saturday, in Montgomery County, 
     MD, just a few miles from where we are, at Walt Whitman High School, 
     anti-Semitic graffiti was put on their walls.
       It was the second time in just over 1 month in Montgomery County that 
     we have seen anti-Semitic type activities through graffiti. In mid-
     November on the Trolley Trail, a similar episode occurred.
       The number of episodes that arise of anti-Semitism is shocking. The 
     Anti-Defamation League has given us the numbers--61 percent increase 
     between 2020 and 2021 in speech and attacks against Jewish institutions 
     here and around the world.
       I have the privilege of being the Special Representative of the OSCE 
     Parliamentary Assembly for Anti-Semitism, Racism, and Intolerance. I 
     attended, on behalf of the United States, the Berlin Conference on 
     Anti-Semitism in 2004. There were many lessons learned from those 
     conferences that we had, but the most important lesson we learned is 
     that leaders must speak out and act against any form of anti-Semitism 
     or any form of hate. It cannot be normalized.
       We have seen just the opposite from our leaders recently--former 
     President Trump and a dinner he had at Mar-a-Lago with a known anti-
     Semite and a known White supremacist and a photograph then later with a 
     QAnon follower. This gives oxygen to hate.
       We need to strengthen our resolve to make sure that we will never 
     allow this to be normalized, and we need to recognize that there is a 
     direct link between the attacks on our democratic institutions and our 
     rule of law and the rise of anti-Semitism and other forms of hate. 
     Therefore, we all must speak out about disinformation and election 
     deniers. We need to speak out against the conspiracy theorists who use 
     theories such as the ``replacement theory,'' promoting old-age anti-
     Semitic tropes. We know where that leads. It leads to violence.
       On November 29 of this year, I conducted, under the auspices of the 
     OSCE Helsinki Commission, a roundtable discussion. I was pleased to be 
     joined by our Presiding Officer, Senator Rosen, and I thank her for her 
     extraordinary leadership with Senator Lankford in establishing the 
     bipartisan and bicameral caucus in regards to fighting anti-Semitism. I 
     was also joined by Senator Blumenthal and Congressman Veasey. We had 
     representatives from the White House, from the Department of Homeland 
     Security, Department of State, Department of Justice, the Anti-
     Defamation League, the American Jewish Committee, and the U.S. 
     Holocaust Memorial Museum. All were present as we talked about what we 
     can do.
       That was followed up by a hearing at the Helsinki Commission last 
     week on December 16--actually, just almost a week ago--in which we had 
     Ambassador Deborah Lipstadt, our Special Envoy to Monitor and Combat 
     Antisemitism, and Rabbi Andrew Baker, who is the Special 
     Representative, the Organization for Security and Co-operation in 
     Europe on anti-Semitism. We all met again in a public forum as to what 
     we should do. And I want to compliment the Biden administration. Doug 
     Emhoff had a similar roundtable discussion with all the stakeholders.
       Out of all those meetings, one thing became abundantly clear: We need 
     a whole-of-government approach in fighting the rise of anti-Semitism. 
     We need a coordinated strategy.
       So I want to thank President Biden for his statement on December 12 
     where he did set up an interagency group, led by the domestic policy 
     staff, in order to develop a unified national strategy to combat anti-
     Semitism and all forms of hate. That came out of the recommendations 
     that our Presiding Officer helped lead all of us together to make that 
     a reality.
       We need a unified national strategy. It must include education. And I 
     am so proud of this body approving additional funds for Holocaust 
     education. It is important. It is an important part. People need to 
     understand their history so that we are not doomed to repeat the 
     horrors of the past. It includes safety. Public safety is very 
     important. It is a reality that we have to provide our communities with 
     the security they need. These nonprofits security grants are critically 
     important. I was glad to see again that we are going to act later today 
     to provide the resources we need to help our religious institutions 
     protect themselves against the threats that are out there today. We 
     need to engage law enforcement with training and accurate data 
     collection so we understand the problem and we can take steps to combat 
     it.
       Yes, we need a coalition of all groups. We need to work together. As 
     President Biden said when he set up the task force, we need to 
     coordinate U.S. Government efforts to counter anti-Semitism, 
     Islamophobia, and related forms of bias and discrimination within the 
     United States. We need to work in coalition.
       I had a sidebar meeting in Luxembourg at one of the OSCE 
     Parliamentary Assembly meetings on anti-Semitism, and it became loud 
     and clear that if any minority group is in jeopardy, we are all in 
     jeopardy. So we need to work together.
       I am going to close by quoting from an op-ed written by Howard Libit 
     that ran in the Baltimore Sun on December 14, which was entitled 
     ``Stemming the rise of antisemitism once more.'' Mr. Libit serves as 
     the executive director of the Baltimore Jewish Council. Let me just 
     quote some what he put in that op-ed:
     
            These days, the media's common refrain focuses on the 
          ``normalization'' of antisemitism. Essentially, we are seeing 
          so many antisemitic comments and actions from leaders in 
          politics, sports, entertainment, and social media, it is 
          casually becoming part of our everyday conversation and 
          debate. Immediate and universal condemnation used to be the 
          norm when public figures or public debate crossed the line 
          into antisemitism. That no longer seems to be the case--
          whether it is because of the overall coarsening of our public 
          debates or the relentless rise of anonymous social media, or 
          simply the fact that there is fatigue from so many 
          antisemitic comments seemingly everywhere.
     
       We can never normalize anti-Semitism.
       The editorial continues:
     
            But as a leader in our Jewish community here in Baltimore, 
          I say that we must commit to fighting antisemitism on all 
          fronts, from all political points of view, no matter how big 
          or how small. The gap between rhetoric and action has always 
          been frighteningly narrow, which is why strong and immediate 
          confirmation from all corners of leadership must again be the 
          norm. The narrow gap between words and violence is why we 
          must shine the brightest light possible on antisemitism.
     
       I urge my colleagues on both sides of the aisle and both sides of the 
     Capitol to work with me, work with all of us--the Biden administration, 
     our allies, our civil society partners--to loudly and decisively call 
     out anti-Semitism wherever it manifests itself and to work together in 
     the whole-society approach to combat and eradicate it from our society.
       On this Hanukkah, let us rededicate ourselves that there should be no 
     place
     
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     for hate in America and that we will fight anti-Semitism here and lead 
     the international efforts against anti-Semitism.
       I yield the floor.
       I suggest the absence of a quorum.
       The PRESIDING OFFICER. The clerk will call the roll.
       The senior assistant legislative clerk proceeded to call the roll.
       Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 
     order for the quorum call be rescinded.
       The PRESIDING OFFICER. Without objection, it is so ordered.
     
     
                                Amendment No. 6560
     
       Mr. WHITEHOUSE. Madam President, I am here to profess my appreciation 
     to Senator Tom Cotton and to our colleague Senator Bob Menendez, 
     Chairman Menendez, for their persistence in achieving a vote here on 
     what is now called Senate amendment No. 6560, which would expand the 
     U.S. Victims of State-Sponsored Terrorism Fund's coverage to the 
     American victims of the Beirut bombing.
       This matters a lot to Rhode Island because October 23, 1983, the day 
     when a truck full of explosives drove into the Marine barracks in 
     Beirut and exploded, killing 241 servicemen, was probably the bloodiest 
     day for Rhode Island in any war at any time in our history. There was 
     an unusually high deployment of Rhode Islanders there. Nine were killed 
     that day, including two brothers-in-law. So some families took a 
     terrible, terrible blow.
       I am just very grateful that Senator Cotton put the relentless 
     initiative into making sure that it happened and to Chairman Menendez 
     for supporting that, allowing that to happen. And I hope in my own way 
     I was also able to clear some of the obstacles and the difficulties to 
     make sure we had this vote.
       I strongly urge all of my colleagues, let's get together on this, and 
     let's pass this amendment, and let's make sure the victims of the 
     Beirut bombing of the Marine barracks is not forgotten.
       Two things happen on this anniversary in Rhode Island. One is that at 
     the Portsmouth Historical Society, a memorial ceremony is conducted. It 
     is a beautiful old building, and we go upstairs, where there is a 
     really nice, very old-fashioned auditorium. There is usually a very 
     impressive speaker, very often from the Naval War College, almost 
     inevitably a U.S. marine.
       The marines were the casualties that day. It is an important day for 
     the U.S. Marines, and with my dad having served as a U.S. marine in 
     World War II, it means something to me as well to have this take place.
       We have also built a memorial to those Rhode Islanders along the 
     shore of the Providence River. Providence is known for its WaterFire, 
     where they light braziers around the river. It is right along that 
     riverway where this beautiful glass memorial is, and we go to that as 
     well.
       So this is a big deal, and I just want to take a moment, as we have a 
     chance on the Senate floor, to make sure that the names of those Rhode 
     Islanders are remembered. They were Sgt Timothy Giblin; Cpl Rick R. 
     Crudale; Cpl Edward S. Iacovino, Jr.; Cpl David C. Massa; Cpl Thomas A. 
     Shipp; Cpl Edward Soares, Jr.; Cpl James F. Silvia; Cpl Stephen E. 
     Spencer; and LCpl Thomas A. Julian.
       In their honor, colleagues, I commend to all of you an ``aye'' vote 
     on the Cotton-Menendez amendment.
       I should make one small correction. I shall also add a thank-you to 
     Senator Dan Sullivan, a Marine colonel, who serves here as well and who 
     has been very supportive of this effort. So to Dan, to Tom, to Bob, and 
     mostly to all of the families who remember with such love these lost 
     lives, my appreciation.
       I yield the floor.
       I suggest the absence of a quorum.
       The PRESIDING OFFICER. The clerk will call the roll.
       The senior assistant legislative clerk proceeded to call the roll.
       Ms. DUCKWORTH. Madam President, I ask unanimous consent that the 
     order for the quorum call be rescinded.
       The PRESIDING OFFICER (Ms. Baldwin). Without objection, it is so 
     ordered.
     
     
                  Unanimous Consent Request--Executive Calendar
     
       Ms. DUCKWORTH. Madam President, I come to the floor to talk about an 
     important nominee to the Equal Employment Opportunity Commission, an 
     Agency that plays a critical role in protecting workers and upholding 
     civil rights.
       The EEOC enforces Federal laws that make it illegal to discriminate 
     against a job applicant or an employee because of the person's race, 
     color, religion, sex, national origin, age, disability, or genetic 
     information.
       In short, it is because of the laws that the EEOC enforces that many 
     of us are here today, and Karla Gilbride is an exceptionally qualified 
     nominee to serve as the EEOC's general counsel.
       Ms. Gilbride has 15 years of experience in advocating for the right 
     of all Americans to enjoy equal opportunity under the law, including 
     representing workers who have faced discrimination or who have been 
     unable to access courts because of forced arbitration provisions.
       As codirector of Public Justice's Access to Justice Project, she 
     recently won a unanimous Supreme Court decision in which she 
     represented a worker in a dispute over whether a Taco Bell franchise 
     could force an arbitration of the worker's overtime claims. She has 
     also worked to secure workers' protections from sexual harassment, as 
     well as securing people with disabilities' access to licensing exams, 
     emergency shelters, housing, and transportation.
       Ms. Gilbride's nomination is supported by over 40 organizations, 
     including the National Women's Law Center, the AFL-CIO, the National 
     Employment Lawyers Association, the Disability Rights Advocates, and 
     the National Disability Rights Network.
       As EEOC's general counsel, I know that Ms. Gilbride will continue to 
     work to help all Americans thrive but especially those hard-working 
     Americans facing unsafe working conditions and those who might be 
     systemically left out due to the increasing use of sophisticated 
     technology. The EEOC has such important work to do, and it should do 
     that work with a Senate-confirmed general counsel.
       I hope my colleagues will join me in confirming Ms. Gilbride to this 
     critical role so she can get to work.
       Madam President, I ask unanimous consent, as in executive session, 
     that the Senate consider the following nomination: Calendar No. 1203, 
     Karla Ann Gilbride, of Maryland, to be General Counsel of the Equal 
     Employment Opportunity Commission for a term of four years; that the 
     Senate vote on the nomination without intervening action or debate; 
     that if confirmed, the motion to reconsider be considered made and laid 
     upon the table; and that the President be immediately notified of the 
     Senate's action.
       The PRESIDING OFFICER. Is there objection?
       The junior Senator from Indiana.
       Mr. BRAUN. Madam President, reserving the right to object, I know 
     firsthand how difficult it is when you navigate through any issues like 
     this. I had a small business for nearly 17 years with just 15 
     employees. I can tell you, for a small business--and that is defined, 
     maybe, from 100 employees and fewer--it is a major issue. You want to 
     make sure, when that occurs, that you are not overly burdened by the 
     process of whatever you are contending with.
       The EEOC is charged with enforcing our employment discrimination 
     laws. As general counsel, Ms. Gilbride would provide overall guidance 
     and management to field offices' legal units and develop litigation 
     strategies.
       During the Trump administration, the Commission saw many changes 
     aimed at what I believe is always beneficial--transparency and 
     accountability--for the purpose of, when you get into these discussions 
     with smaller businesses--not big corporations, as they have got their 
     staffs of attorneys--you have got to be careful that you are not 
     burdening them with something that could disrupt their businesses and--
     who knows?--depending on how long it might take, put them out of 
     business. Remember, with many of these small businesses, whoever the 
     proprietors are, they are making a living out of it, not necessarily 
     gauging a return on investment, so to speak.
       Unfortunately, some have called for the reversal of these changes of 
     more transparency and accountability. For example, the Commission could 
     reverse Commissioner voting on the approval of litigation and the 
     requirement to post these votes publicly online. If reversed, the 
     general counsel and staff would have the authority to commence
     
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     litigation against employers instead of the Commission, like Congress 
     intended it to be.
       The Chair of the Commission has also made clear that she will seek to 
     reinstate the burdensome collection of pay data from employers in an 
     attempt to identify pay discrimination. However, the reality is that 
     this data provides no context for wages, such as job experience, 
     education, or skill level.
       How does that relate to Ms. Gilbride?
       When she was asked about some of this, it wasn't clear whether she 
     was going to keep what many of us thought was good with accountability 
     and transparency or whether she was going to go more in the direction 
     of the way it was before.
       This position has too much impact on, potentially, many, many small 
     employers. All I am asking is that we don't do it today through 
     unanimous consent but that we put it up for a vote when everyone is on 
     record and when we can vet it more thoroughly.
       Therefore, I object.
       The PRESIDING OFFICER. Objection is heard.
       The junior Senator from Illinois.
       Ms. DUCKWORTH. Madam President, I am disappointed that the Senate is 
     not able to confirm Ms. Gilbride today. As I said earlier, she is an 
     excellent nominee to fill this role.
       I look forward to working with my colleagues to move quickly and 
     confirm her when we return in January.
       I suggest the absence of a quorum.
       The PRESIDING OFFICER. 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.
     
     
                        Unanimous Consent Request--S. 7566
     
       Ms. KLOBUCHAR. Madam. President, I rise today in support of the No 
     Trafficking Zones (NTZ) Act, which I have introduced with Senator 
     Cornyn and which is led by Representatives Sheila Jackson Lee, Jerry 
     Nadler, and  Mike McCaul in the House of Representatives. This 
     important bill represents a crucial effort to address child trafficking 
     on school campuses across the United States.
       As a prosecutor, I saw firsthand the horrors of human trafficking, 
     and I know that human trafficking is not just something that happens 
     abroad; it happens far too often here at home. The National Center for 
     Missing and Exploited Children has received reports of child sex 
     trafficking in all 50 States, the District of Columbia, and Puerto 
     Rico, and in 2021, it received more than 17,200 reports of possible 
     child sex trafficking. This is a serious issue that requires our 
     immediate action.
       I have worked with my colleagues on both sides of the aisle to 
     protect victims of human trafficking, strengthen key programs to 
     support human trafficking survivors, and to hold traffickers 
     accountable for their crimes. But I remain concerned that too many 
     victims of trafficking today are students. Schools should be a safe 
     haven for students, but too often, traffickers target children near 
     schools and afterschool activities.
       The No Trafficking Zones Act allows judges to increase a trafficking 
     sentence when the trafficking occurs in a school zone or near a school-
     sponsored activity. This commonsense legislation represents a necessary 
     step to not only deter child traffickers from targeting vulnerable 
     children at schools, but also to hold them accountable for crimes that 
     have reverberating consequences for victims and communities across the 
     country.
       Mr. CORNYN. Madam President, child sexual exploitation is one of the 
     most heinous and persistent crimes our country and, indeed, the world 
     face today.
       Just yesterday, the FBI issued a national public safety alert in 
     response to the explosion in financial sextortion cases in which 
     children and teens are coerced into sending explicit images online and 
     then extorted for money. In the last year, more than 3,000 minors have 
     become victims of this crime.
       I am proud of everything Congress has done and continues to do to 
     combat sexual exploitation--particularly of minors--in all forms, 
     especially human trafficking.
       Just last night, the Senate unanimously passed the Abolish Human 
     Trafficking Reauthorization Act, which I introduced with Senator 
     Klobuchar. I hope we can pass another bipartisan bill today to increase 
     the punishment for those who exploit and recruit America's children 
     into the sex trade.
       A 2018 survey reported that 55 percent of young sex trafficking 
     survivors in Texas were trafficked while at school or on school 
     activities. Sixty percent of trafficked adults were first groomed or 
     solicited for trafficking on school campuses.
       Senator Klobuchar introduced the NTZ Act to increase the punishment 
     for human trafficking in school zones or at school-sponsored events.
       Two of my fellow Texans have introduced a companion bill in the 
     House, Congresswoman Sheila Jackson Lee and Congressman   Michael 
     McCaul. I appreciate their leadership on this legislation. It is by 
     conversations with Congresswoman Sheila Jackson Lee which have brought 
     us to this point.
       Having passed the House, this is our last chance, I believe, for both 
     the Senate and the House to have cleared the bill and send it on to the 
     President for his signature.
       The NTZ Act passed the House unanimously in September, and I hope it 
     can finally pass the Senate today and head to the President for his 
     signature.
       Madam President, I ask unanimous consent that the Committee on the 
     Judiciary be discharged from further consideration of H.R. 7566, and 
     that the Senate proceed to its immediate consideration; further, that 
     its bill be considered read a third time and passed, and the motion to 
     reconsider be considered made and laid upon the table.
       The PRESIDING OFFICER. Is there objection?
       Mr. DURBIN. Madam President, reserving the right to object.
       The PRESIDING OFFICER. The Democratic whip.
       Mr. DURBIN. Madam President, first, let's state clearly for the 
     record: Neither the Senator from Texas nor the Senator from Minnesota 
     nor the Senator from Illinois wants to make it easier for these crimes 
     to be committed. We are all committed to the same goal of reducing the 
     number of crimes and making certain that those who are responsible pay 
     the price for that misconduct--that terrible, disgusting misconduct.
       I have worked with my colleagues on both sides of the aisle for years 
     to help combat the scourge of human trafficking and to keep children 
     safe from sexual exploitation.
       Preventing human trafficking and protecting survivors are issues that 
     really do bring us together, Republicans and Democrats.
       The goal of this legislation is noble: to ensure that schools are a 
     safe place for children, where traffickers cannot prey on their 
     innocence. I wholeheartedly agree with this goal. We should be doing 
     everything we can to deter traffickers, especially those who prey upon 
     children. However, I cannot ignore the serious concerns about specific 
     wording in this bill that is part of the legislation before us.
       In particular, the Department of Justice, responsible for prosecuting 
     these crimes of child sex trafficking, has identified a number of 
     serious problems with the way that the No Trafficking Zone Act is 
     written.
       They sent us a memo. It is a lengthy memo, at least 4 to 6 pages of 
     detailed analysis of this bill. I asked them to take it seriously and 
     give us their serious report. They did.
       In technical assistance provided to the sponsors of this legislation, 
     including the Senator from Texas, the Department of Justice concluded 
     that ``this proposed legislation will only create confusion and 
     additional hurdles for sentencing [child sex trafficking] offenders.''
       Listen carefully. The Department of Justice, that has the 
     responsibility of prosecuting these crimes, analyzed this proposed 
     change in the law and said it would create confusion and additional 
     hurdles for actually sentencing those guilty of child sex trafficking.
       I am sure the Senator from Texas did not have this intent, nor the 
     Senator from Minnesota.
       The Department of Justice also said the legislation is not ``well-
     tailored to address child sex trafficking'' and that ``it is 
     unnecessary since both statutes implicated already allow for a sentence 
     up to life imprisonment.''
     
     [[Page S9735]]
     
       In other words, according to the Justice Department, this bill, in 
     its current form, will not lead to stiffer sentences for these horrible 
     offenses and, in fact, may make it harder to prosecute child sex 
     traffickers.
       In light of these concerns, I have repeatedly offered to work with 
     the author of this bill in the House of Representatives. My staff has 
     communicated that we could revise this bill and expedite its passage 
     into law. We could meet the same noble goal of the original legislation 
     but do it in a way that is consistent with the express--express--
     concerns of the Department of Justice.
       The changes needed are really quite simple. Instead of amending the 
     applicable statutes, the amended legislation would ensure that the 
     sentencing guidelines account for child trafficking that was committed 
     in a school zone.
       This simple revision guarantees that the recommended sentence for a 
     defendant will be higher if the defendant knowingly committed the 
     offenses in a school zone.
       It also resolves all of the infirmities identified by the Department 
     of Justice that could jeopardize prosecutions of child sex traffickers.
       I want to make it clear. I take this matter very seriously, as I am 
     sure the Senator from Texas and the Senator from Minnesota do. We 
     watched carefully as the Department of Justice set their analysis. We 
     responded to it in a responsible way, and we said to the House author 
     of the bill, please accept these changes. They achieve your original 
     goal, and do it in a way that would not make it more difficult to 
     prosecute those who are guilty.
       Unfortunately--unfortunately--so far, the author of this bill in the 
     House of Representatives has refused to work with us on these changes.
       Their position is that we cannot change a single word of the bill. 
     That is not the approach to take when we are dealing with legislation 
     of such a serious matter. We should take care that every word achieves 
     the goal that we all want to seek--to lessen number of crimes of sex 
     trafficking.
       As a result, we are at an impasse because I am unwilling to pass 
     legislation that the prosecutors tell us will make their job more 
     difficult. And I believe that they are right, in our own analysis.
       Madam President, for these reasons, I object to this request, but I 
     reiterate, as I have over and over and over again to the House author, 
     that I stand ready and more than willing to work with our colleagues in 
     the House, along with Senator Cornyn and Senator Klobuchar, to ensure 
     that this legislation moves forward.
       To express my good faith on this, I am going to make the following 
     request: As in legislative session, I ask unanimous consent that the 
     Committee on the Judiciary be discharged from further--let me start 
     over so it is clear on the record.
       Therefore, I object to the original request for unanimous consent, 
     and I ask that the Senator from Texas modify his request such that the 
     Durbin substitute amendment at the desk be considered and agreed to; 
     the bill, as amended, be considered read a third time and passed; and 
     the motion to reconsider be considered made and laid upon the table.
       The PRESIDING OFFICER. Does the Senator so modify his request?
       Mr. CORNYN. Madam President, reserving the right to object, the 
     Senator from Illinois asked why can't we change this bill. Well, first 
     of all, this bill passed unanimously in the House. If we don't pass 
     this bill today, it is dead, and the Senator's objection to this 
     unanimous consent request will have effectively killed this legislation 
     for this Congress, as he knows, because we start a new Congress and we 
     will have to start all over from scratch.
       I don't know when we decided to start outsourcing our authority as 
     the Congress of the United States to the Department of Justice.
       The fact of the matter is, the changes that the Senator is suggesting 
     would basically be just to instruct the U.S. Sentencing Commission to 
     amend their Federal sentencing guidelines to incorporate specific 
     offense characteristics for any offense under this legislation. So, 
     basically, he has got another way to build a mousetrap that doesn't 
     really change anything except the fact that he will effectively have 
     killed this legislation this Congress, and we will have to start all 
     over again.
       The reason why I am here today and why Congresswoman Sheila Jackson 
     Lee is here on the floor is because this is a problem at schools in her 
     legislative district, where human traffickers come and they try to 
     recruit teenage kids--girls, mainly--high school and younger, into the 
     sex trade. And we think it is appropriate that enhanced penalties 
     attach to these criminals who commit these terrible crimes against 
     children in our schools.
       And, unfortunately, by deferring to the Department of Justice's 
     criticism--they are a part of the executive branch. We are a coequal 
     branch of government. It is our job to say what the law is, and it is 
     their job to enforce it.
       So I am sorry that the Senator from Illinois believes that the 
     Department of Justice's ideas should prevail over those of the 
     collective wisdom of both branches of the Congress. Like I said, this 
     bill passed unanimously in the House of Representatives; but, because 
     of his objection, it will effectively be dead for this legislative 
     session. And I think it is a missed opportunity and a crying shame.
       I object to his request to modify my request for unanimous consent.
       The PRESIDING OFFICER. Objection is heard.
       Is there objection to the original request?
       Mr. DURBIN. I object.
       The PRESIDING OFFICER. Objection is heard.
     
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