[Congressional Record Volume 169, Number 44 (Wednesday, March 8, 2023)]
[Senate]
[Pages S680-S709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISAPPROVING THE ACTION OF THE DISTRICT OF COLUMBIA COUNCIL IN
APPROVING THE REVISED CRIMINAL CODE ACT OF 2022
Mr. HAGERTY. Mr. President, I move to proceed to H.J. Res. 26.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The motion was agreed to.
The PRESIDING OFFICER. The clerk will report the joint resolution by
title.
The senior assistant legislative clerk read as follows:
A joint resolution (H.J. Res. 26) disapproving the action
of the District of Columbia Council in approving the Revised
Criminal Code Act of 2022.
The PRESIDING OFFICER. There are now up to 10 hours of debate equally
divided between the proponents and opponents.
The Senator from Tennessee.
Mr. HAGERTY. Mr. President, I am looking forward to a robust debate
today.
I yield the floor.
The PRESIDING OFFICER. The Senator from West Virginia.
Mrs. CAPITO. Mr. President, I am so glad the Senator from Tennessee
is on the floor with H.J. Res. 26. I want to thank him for being
insightful to know how important this is going to be to this Congress,
to this city, to this country. So I thank the Senator for his steadfast
work on this issue, and I look forward to supporting the resolution. We
are also going to be talking a lot on the floor about this. So I thank
him very much.
I rise today to talk about an issue that I actually came to the floor
on 3 weeks ago and that is just very, very relevant, especially today,
and that is out-of-control crime and a disregard for law and order
that, unfortunately, President Biden has enabled in his own backyard.
Under the Biden administration's soft-on-crime agenda and rhetoric,
Washington, DC, the capital of our beautiful country, has seen a 25-
percent increase in crime, a 33-percent increase in homicides, a 121-
percent increase in sexual abuse, and a 108-percent increase in motor
vehicle theft--just this year, and we are just starting.
To make matters worse, in the midst of ongoing crime, the DC Council
thought that now was an appropriate time to rewrite the Criminal Code.
Instead of enforcing law and order in light of all of these statistics
and supporting our police officers and making residents and visitors of
the District feel safe, the DC Council found it fitting to lessen the
punishment for violent criminal offenses--hard to believe, isn't it?--
and embolden those who dare to break the law instead of heeding local
calls for increased safety and policing from their residents.
It really doesn't get any more tone-deaf than that. Believe it or
not, when the DC Council originally passed their irresponsible Criminal
Code overall,
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Mayor Muriel Bowser vetoed the bill--the Mayor of the city of DC--
claiming that ``this bill does not make us safer.''
She knows. She sees these statistics every single day and talks to
her police officers every single day.
Well, Mayor Bowser, my colleagues and I could not agree with you
more. It is obvious that the DC Council's legislation is the complete
opposite of what is needed to control the out-of-control crime.
Now, I am sure that you have seen that, in the face of an imminent
bipartisan and bicameral rejection of their policy, the DC Council,
then, has attempted to withdraw their Criminal Code revision
legislation. That is a glaring--a glaring--admission by the council
that they knew what they were doing is absolutely wrong.
But do you know what? It is simply too little, too late. Regardless
of this unprecedented and potentially unlawful move, the Senate is
poised to reject the DC Council's sweeping and irresponsible ``Revised
Criminal Code of 2022'' on a bipartisan basis. We certainly saw that in
the House.
This vote, led by my colleague Senator Hagerty of Tennessee, gives
every Member of the U.S. Senate the chance to stand with law and order,
the chance to stand with our law enforcement officers, the chance to
stand with the people of our Nation's Capital, whose calls for safety
have fallen on deaf ears.
You think of all the visitors--springtime, Cherry Blossom Festival--
this is the time everybody is coming to this beautiful, gorgeous city
that we are lucky enough to serve in. Our constituents are here. Many
of us have our families here. We are here. All the staff and folks that
work in and around these buildings every day--in and out of their cars,
in and out of restaurants we hope--getting that revival post-COVID that
we see. And certainly we see many, many more visitors. Our residents
and visitors are living with what could happen. What kind of crimes can
they see?
There are a multitude of additional negative factors that impact the
city when crime runs out of control and leaders are not held
accountable. Often these issues go unseen, but they are just as
impactful: factors like the education of our children, factors like the
health of our residents--our DC residents--and the strength of the
economy.
According to research led by the professors at the University of
Illinois, at Syracuse, and NYU, students face declines in standardized
test scores following exposure to violent crime. What is that doing to
the children of DC? They have to face this every day.
The same decline was observed for students who attend schools that
are perceived to be unsafe or schools that lack a sense of community.
This study suggests that schools with stronger community bonds can
shield students from the negative effects of neighborhood violence and
directly show the disadvantages impacting our young people who are
coming of age in dangerous communities.
When it comes to health, researchers at the University of
Pennsylvania have linked violent crime to negative health outcomes--it
makes sense--finding that decreased violent crime in communities was
significantly associated with a decrease in mortality rates from
cardiovascular disease and coronary artery disease. Community areas
that experienced a similar decline in crime also experienced smaller
improvements in cardiovascular mortality.
The study also noted that the stress created by exposure to violent
crime is tied with a lower intake of healthy foods and higher rates of
substance abuse in a community. These aren't things that I am making
up. These are validated in a study from the University of Pennsylvania.
Further, the study noted that continued exposure to high rates of
violent crime is associated with several additional negative health
factors, like higher body mass index and even elevated blood pressure.
So now let's look at the economics of this in crime. A study by the
Urban Institute found that surges in violent crime, especially gun
violence, reduced the growth of new retail and service businesses. You
see that all over Washington. You see that all over Washington.
It further notes that increases in violent crime slow home value
appreciation and can be associated with fewer jobs and lower home
values. It makes sense. In Washington, DC, this means surging crime
leads to fewer job opportunities, fewer businesses opening, and more
businesses closing. I mean we just saw that at Union Station. I think
the Starbucks pulled out there because of the crime issue.
The economic indicators of violent crimes are obvious. Walmart just
announced it is closing all of its stores in Portland, OR, locations.
The Walmart just over here in DC on H Street has announced that it was
closing as well. The announcements come shortly after Walmart's CEO
warned that stores could close and prices could increase due to,
specifically, rocketing retail crimes affecting stores across the
Nation.
Each of these aspects pile onto the obvious humanitarian effects of
violent crime: the destruction, loss, and sorrow--actually, I think if
you are subject to a violent crime and you manage to live through it,
it doesn't just affect you that day; you carry it with you the rest of
your life--and how each one of these offenses further rips apart the
delicate fabric of our communities.
Residents of our States and cities will not stand for the continuing
devastation. We saw crime play a major part in Chicago's mayoral
election just last week, and it was also a center of debate of the New
York City elections in 2021.
So, Mr. President, I am glad that our Nation's Capital and our
complex are once again open to the public. It is so great to see the
halls filled and the young people coming back, and I have enjoyed
welcoming many West Virginians to Washington today and every day to
talk about the issues they care about. It is important. Questions have
also been raised by many residents about the safety of our streets here
in Washington, DC.
So today's vote to reject the DC Council's Revised Criminal Code Act
of 2022 puts every Member on record. As some of my Republican
colleagues highlighted last night and continue to highlight today, we
intend to stand on the right side of this issue, and we will continue
to heed the calls for increased safety that local officials in
Washington are attempting to ignore or reshape and protect the
communities that we serve.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Mississippi
Mrs. HYDE-SMITH. Mr. President, I rise to express my support also for
the resolution of disapproval of the new soft-on-crime law approved by
the District of Columbia City Council. The resolution represents my
chance to say: Enough is enough.
Today, Americans feel increasingly unsafe. It is not hard to
understand why, since it has become impossible to disregard or dismiss
the unraveling of law and order across the country over the past few
years.
Whether it is the lack of law enforcement on the border, anti-police
rhetoric, or weakened punishments for the violent crimes, Americans
know the shift away from law and order, right and wrong, is tearing all
the fabric of their communities. Crime is at a 25-year high across the
entire country.
Unfortunately, my home State of Mississippi is not immune from this
trend. Our capital, Jackson, has recorded more than 100 homicides for 3
consecutive years.
It is the same song, different verse in our Nation's very own
Capital, where overall crime is up 25 percent since last year. In fact,
Washington, DC's murder rate is 34 percent higher today than this time
last year. Auto thefts are up 110 percent in this city.
What has the response been from the Democratic leadership? Well, it
certainly has not made public safety a priority. There is a good reason
the Senate is considering a resolution of disapproval against the DC
Council's Revised Criminal Code Act of 2022. With DC's growing record
of lawlessness, the city council voted to eliminate mandatory minimum
sentences and reduce penalties for crimes like robbery, carjacking,
home invasion, burglary, and more. These are violent crimes that leave
victims traumatized, injured, or worse--dead.
So why is the instinct to protect the criminal--to signal that the
penalties for violating the law are being eased?
This law will put residents, constituents, tourists, Federal workers,
and
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elected officials directly in harm's way. Rather than holding them
accountable for their own actions, the DC Council would prefer to let
these violent criminals go back to the streets and commit the same
violent crimes. Is it any wonder Washington, DC, has a police
recruitment and retention problem?
At the same time, those responsible for enforcing our justice system
seem more interested in carrying out ``justice'' based on politics. The
Biden administration's Justice Department, for example, appears to be
laser-focused on parents at local school board meetings, pro-life
Americans exercising their right to protest, and spying on Catholic
Americans, while taking a nothing-to-see-here approach to threats of
violence against sitting Justices at the Supreme Court or attacks on
pregnancy centers. If things continue this way, Americans will start to
wonder if their safety and protection is determined by their political
affiliation.
Mr. President, public safety should not be a political issue. It is
not virtue signaling to lessen punishments for violent criminals; it is
just dangerous. It is not progressive to pretend the breakdown in
border security and subsequent flood of fentanyl aren't contributing to
the surges in the crime and death; it is nonsensical.
Americans who live in the greatest Nation in the world at the very
least deserve to feel safe. We deserve to live in a country of law and
order. Yes, it is time to say ``enough is enough'' to the radical
policies embraced by the Democratic Party that have only resulted in
more crime, more fear and more tragedies.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. TILLIS. Mr. President, I rise today to voice my support for the
resolution we are talking about on public safety in Washington, DC.
The DC Revised Criminal Code Act is another example of how the far
left is so out of touch that they want to reduce penalties for violent
crime in DC while residents, Federal employees, Members of Congress,
our visiting constituents, and even our visiting diplomats are facing
greater risk.
There are a number of concerns I have with the crime bill that the DC
Council passed over the objections of the DC Mayor, many of which have
already been discussed at length by my colleagues.
But one of the most puzzling to me is why you would ever reduce
penalties for carjacking. DC city officials saw from 2019 to 2020, the
number of carjackings in DC more than doubled from 152 to 360. They are
not following trends either. In 2021, it went up to 425; and in 2022,
it went up to 485. Despite the fact that carjackings have more than
tripled in the last 4 years, far-left radicals on the DC City Council
thought now was the time to reduce penalties for carjacking. That is
one of only several examples we can go to that my colleagues have
talked about.
That tells me that the DC City Council is blind to crime happening
right in front of them--right outside their front door--or that the
carjacking industry has some really good lobbyists here in Washington.
Now, to make it worse, only a month ago, President Biden's Office of
Management and Budget issued a statement opposing this resolution and
in support of letting radical DC activists on the council let the bill
go into effect. Not only that, but at least on two occasions, President
Biden's U.S. attorney in Washington, DC, expressed support for letting
the radical proposal proceed, even while raising concerns about how
extreme the policies were.
I am appealing directly to President Biden. First, I want to thank
him for agreeing to sign this resolution when we send it to the
President's desk after a successful vote. I am also asking the
President to prove his commitment to public safety by working with my
colleagues and me on commonsense, bipartisan proposals that keep
communities safe. I think that I have a track record of bipartisanship
here that the President should take as a good-faith offer. We need to
get to work.
One of the bills that I would like to get support for is a bill that
I filed last Congress--and I am going to file again--called the Protect
and Serve Act. We need to get it into law because it creates penalties
for those who assault or kill a police officer, the brave men and women
in law enforcement.
We need to show our commitment to law enforcement and to law and
order in this country, and I believe the Protect and Serve Act will
send a clear signal to friends and foes alike that we care about law
enforcement. We need the thousands of law enforcement jobs that are not
being filled today because law enforcement feels like at least
policymakers--I don't believe the American people--are working against
them.
But now I also want to talk a little bit about how crime is getting
worse. I consider the Presiding Officer a friend.
You are on the other side of the aisle, but I see us having a lot in
common. But, Mr. President, I have to tell you, for those of you
watching this speech--my mother and maybe a few others--I think it is
important to understand how campaign finance works here.
Both the Republicans and Democrats have national organizations that
work on supporting candidates. I think that is fine. Here is what I
don't think is fine. It is actually something--I just made sure the
subpage is still up. It is. I can't lift up my phone and show you all
because it is a violation of Senate rules. If you Google ``ActBlue''
and ``all cops are bastards,'' you will go to a fundraising web page on
ActBlue--the very same engine that my Democratic colleagues use for
fundraising.
I know most of my Democratic colleagues do not embrace that as
anything that they would support or contribute to, but it is out there.
If you go to their website, you are going to see the 13.12-mile run.
They go on to explain why they specifically picked that distance--
because ``1-3-1-2'' translates into ``A-C-A-B.'' Do you know what ``A-
C-A-B'' translates into? ``All cops are bastards''--all.
We know that in any area where you have tens of thousands of people,
not all of them are angels, but all of them? Our law enforcement folks
here on Capitol Hill--all of them? The ones who protected us on January
6? They are raising money to convince people that all cops are
bastards--actblue.com.
It will be interesting to see if anybody on the city council in DC
has actually provided a contribution.
More recently, I think that this sort of rhetoric is at least in part
what occurred in Atlanta just about a week ago, where violent activists
attacked a construction site for Atlanta's public safety training. At
least 23 of the agitators were arrested and charged with domestic
terrorism after conducting what the Atlanta Police Department is
calling ``a coordinated attack on construction equipment and police
officers.''
Here is what is ironic about that. I have been to several police
officer training facilities, and do you know what they train there?
They train them to protect themselves and protect innocent victims, but
they also train them how to deescalate. They train them how to take a
dangerous situation and let someone who may be a criminal be able to go
and face justice but not die at a crime scene. They are teaching police
officers to be better.
In Atlanta, because of this sort of rhetoric, they are attacking the
very people we all want to see at our doorstep when we dial 9-1-1. The
violent activists destroyed multiple pieces of construction equipment.
Thankfully, no police officers were harmed. These are not your run-of-
the-mill ``defund the police'' activists; these are radicals like the
radicals who are raising money on it, who are willing to use violence
to achieve their ends of abolishing the police.
This DC crime bill that we are going to overturn today is another
step in that direction--enabling and encouraging unsafe communities at
the expense of the vast majority of police officers and citizens who
simply want to live in peace.
It is long past time for the Federal government to say enough is
enough when it comes to crime in this country.
I was proud to join President Trump in supporting the First Step Act,
by the way. If you want to talk to me about criminal justice reform, if
you want to talk to me about reducing sentences for nonviolent
offenders, if you want to talk to me about early release of those who
look like they have an opportunity to reform and get back to being
active members of society, count me in. Do you know why? Because I have
already done it. I have done it at
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the State level, and I have done it up here. That is smart criminal
justice policy. This is dangerous.
I want to thank my friend and colleague from a onetime home of mine
in Tennessee for moving this resolution.
You should be congratulated. You have done great work, and I think
you have opened the eyes of several Members on the other side of the
aisle here to why this is a sound bill. I am glad to see you carrying
it all the way to the President's desk, and it will be successful.
Thank you, Senator Hagerty.
But let's not end with this vote. Go onto that website and see what
we are up against. Talk to your local law enforcement and talk about
how many unfilled positions there are and how morale is low, and do
your part to thank every man and woman in uniform for their service.
The PRESIDING OFFICER (Ms. Cortez Masto). The Republican whip.
Mr. THUNE. Madam President, I, too, want to acknowledge the great
work of the Senator from Tennessee, Senator Hagerty, on this matter on
which we will be voting later this afternoon. It has to do with the
issue of DC crime.
I think he has touched a nerve in a way that I think is going to lead
to a very big bipartisan outcome on this because it is a recognition
that the issue he addresses with this resolution is one that the
American people, I think, feel deeply about; one that is affecting our
cities, both large and small, across this country; and one on which I
think this United States Senate needs to be heard.
The last weekend in February, eight men were fatally shot in
Washington, DC--eight men in a single weekend. It was a tragic
illustration of the current crime situation in our Nation's Capital.
Homicides in Washington, DC, which had already reached disturbing
heights in 2021 and 2022, are up 33 percent so far this year compared
to this point a year ago. We are just 67 days into 2023, but so far
this year, there have been 101 carjackings--that is a motor vehicle
theft where the victim is actually present--66 percent of those
involving guns. There have been a staggering 1,258 motor vehicle thefts
to date this year--1,258. That is an average of roughly 19 motor
vehicle thefts every single day--19 thefts every day.
In the face of the crime surge DC has been experiencing for a while
now, the DC City Council recently decided to pass legislation weakening
penalties for a number of crimes. The bill the council passed late last
year would reduce the maximum penalty for crimes like carjacking,
robbery, and firearm offenses; remove mandatory minimum sentences for
all crimes except first-degree murder; clog up the court system by
substantially expanding access to trial by jury to individuals charged
with misdemeanors; and more.
Later today, we will be taking up legislation here in the U.S. Senate
to block the bill. Congress, of course, has the legal authority to
block DC ordinances thanks to Federal legislation rooted in the
Constitution which gives Congress legislative jurisdiction over the
seat of the U.S. Government--namely, Washington, DC.
It looks like today's vote will receive strong support from both
parties. That certainly was not looking like it would have been the
case a week ago. Last month, the Biden administration issued a
statement opposing the move to block DC's crime bill. When the House
took up the measure, 82 percent of House Democrats voted against
blocking the DC bill. But last week, the President changed his tune. He
announced that he would not veto the attempt to block the DC bill.
Since then, Senate Democrats have been lining up to announce they will
vote to block DC's measure.
I am pleased Democrats have recognized that weakening criminal
penalties is not the way to address DC's crime surge. Blocking DC's
crime bill will be a victory for common sense and for the people of DC,
who deserve a safe city in which to live.
While I am pleased at the expected outcome of today's vote, I remain
deeply concerned about how we got here in the first place. How have we
gotten to the point where some people think that an appropriate
response to a surge in crime is to weaken criminal penalties, to a
point where ideology has overtaken common sense, to the detriment of
public safety? Part of the answer lies in the deeply troubling surge in
anti-law enforcement rhetoric over the past few years and the
accommodation of it by members of the Democratic Party.
There has been talk of defunding our most essential public servants--
the police; characterization of our justice system as fundamentally
unjust; an attitude that the answer to crime is not to try to stop it
from taking place but to stop punishing criminals. The Democratic Party
has been deeply complicit in this. One leading Democrat Senator and
Democrat Presidential candidate had this to say a few years ago:
Let's just start with the hard truth about our criminal
justice system. It's racist. It is. And when I say our
system, I mean all the way. I mean front to back.
That from a leading Democrat Senator and Democrat Presidential
candidate.
She is not the only prominent Democrat who has spoken that way. Many
other Democrats, of course, have not been that explicit, but they have
tried to have it both ways--attempting to say they support the police
on one hand, while also accommodating the radical elements of their
party who want to tear down our justice system and demonize not just a
few bad police officers but a whole community of public servants who
put their lives on the line for us every single day.
President Biden is a striking example of this. As his about-face on
the DC crime bill makes clear, he is eager to portray himself as a
supporter of law and order, especially, I assume, given that polling
has made it clear Americans are deeply concerned about crime. But at
the same time that he is trying to portray himself as anti-crime, he is
nominating individuals to serve in his administration who have engaged
in anti-police rhetoric.
The President can't have it both ways, and his attempt and Democrats'
attempt to do so has helped a troubling anti-law enforcement, anti-
justice system narrative to gain hold in our communities.
One thing I always think about when I hear anti-law enforcement
rhetoric is how little attention is paid to the victim. People speak
negatively about criminal penalties or overpolicing, but they don't
talk about the victims of violent crimes and what it is like to live in
a place where you literally fear for your safety.
As DC's Mayor recently said:
We have to think about victims of crime as much as we think
about perpetrators.
I would argue, more than we think about perpetrators.
But, too often, the focus of discussions is almost entirely on
perpetrators, with little attention paid to the victims of crime or the
consequences of tolerating criminal activity.
As the DC police chief recently said of DC's bill:
Where's the victim in all of this? Who does this actually
help? Is the victim being helped or is it the person who
victimizes? I don't think victims win in that space. And
again, that is a nonstarter for me.
That from the DC police chief, speaking of the very bill we are going
to block today.
Bills like the DC City Council's bill should be a nonstarter for
everyone. Democratic politicians need to stop accommodating the common
ideology that thinks reducing criminal penalties is an appropriate
response to crime.
I am thankful, as I said, for the Senator from Tennessee's leadership
and that later today we are going to vote to block legislation that
would endanger DC residents and visitors to our Nation's Capital. I
hope--I sincerely hope--this bill will mark a return to common sense as
we work to battle crime in DC and around the country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. HAGERTY. Madam President, I just want to convey my thanks and
deep respect to our Republican whip for his thoughtful comments and my
other colleagues who have been here today to speak on this serious
matter. Thank you, all.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. HOEVEN. Madam President, I join my colleagues today to speak
regarding the rising crime rate in our country. Crimes, specifically
violent crimes, are exploding at troubling rates nationwide. Crimes are
at a 25-year high across the country.
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Connected to the rise in crime is the Biden administration's open
border policy, which is resulting in increased drug and human
trafficking. At the same time, radical proposals to ``defund the
police'' are the exact opposite of what we should be doing right now,
which is supporting our men and women in law enforcement. We need to do
that by giving them the resources, the tools, and training needed to do
their job and protect our communities.
We must strive to protect our communities, enforce our laws, support
our men and women in blue, and keep criminals off the street. Our
Nation's Capital is, unfortunately, a prime example of the problems
that we are having with crime right now in our cities. Crime is up 25
percent since March of 2022. In that same timeframe, homicides are up
30 percent and motor vehicle theft is up 110 percent.
As the center of our government and the symbol of our country, this
is simply unacceptable. And instead of working to protect our Nation's
Capital and all our constituents who visit here--and there are many of
them here today--the DC Council has voted to ease violent crime
penalties.
Last fall, the DC Council passed the Revised Criminal Code Act, which
greatly weakens the criminal justice system here in the District of
Columbia. This bill is so problematic that the Mayor of DC vetoed the
bill, stating that ``it does not make us safe.''
DC's law enforcement community is also deeply alarmed by the bill,
raising concerns of overwhelming the court system and exploding the
already-high violent crime rate here in the District of Columbia.
We must get serious about protecting safety and addressing the
nationwide rise in crime by supporting our law enforcement and ensuring
they have the resources and training they need to protect our
communities.
That is why I helped to introduce the Resolution of Disapproval to
prevent such a reckless rewrite of the DC Criminal Code from taking
effect. And I thank the good Senator from Tennessee for taking the lead
in this very, very important matter.
As legislators, we should focus on keeping criminals off our streets,
instead of attempting to weaken sentences for violent crimes and
criminals. Let's get back to the basics and support our law enforcement
and ensure they have the tools they need to keep our communities safe.
Again, we have people visiting here from all over the country. This
isn't just the District of Columbia where people live like another
city. This is our Nation's Capital. People come here from all over the
country. They should feel safe. They should feel safe in our Nation's
Capital.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CRUZ. Madam President, crime is surging across this Nation.
Murder rates have risen over the last 3 years, carjackings are rising,
robberies are rising.
Today, I want to discuss the resolution disapproving of the DC City
Council's decision to eliminate mandatory minimums and to reduce
maximum sentences for violent crimes, including robbery, carjacking,
and burglary.
The DC City Council made this decision to lower penalties late last
year, despite the fact that crime has been skyrocketing in this city.
In the past 12 months, overall crime is up 25 percent in DC. Car theft
has increased 110 percent in DC. And homicides have increased 30
percent.
Who, in their right mind, looks to those rising crime rates and says
the answer is to lower the penalties for violent crime?
DC's spike in crime is hardly confined to the last 12 months. In
2021, the number of murders in DC was the highest it has been since
2003. The Mayor of DC, a Democrat, vetoed the city council's decision
to rewrite the Criminal Code, saying:
Any time there is a policy that reduces penalties, I think
it sends the wrong message.
Unfortunately, the Democrats on the city council in DC overrode her
veto.
Time and time again, we have seen Democrats in major cities reducing
penalties for crime; and we have seen, as a result, crime spiking. We
have seen this in San Francisco. We have seen this in Los Angeles. We
have seen this in Portland. We have seen this in Boston. We have seen
this in Philadelphia. We have seen this in New York. We have seen this
in St. Louis. We have seen this in Chicago.
Crime is spiking in DC, and it is incredibly harmful to the men and
women and children who live in DC to be lowering the penalties for
violent crime. That is why I am proud to support the resolution to
disapprove of the DC City Council's decision. And I thank my friend
from Tennessee for his leadership in bringing this resolution.
This has already passed the House. And I believe it will pass the
Senate as well. And, despite being soft on crime his entire Presidency,
President Biden has said he will sign it if it passes the Senate. Now
that is remarkable given Biden's record on crime. That is remarkable
given that Biden has nominated not one, not two, but three of the
leading advocates of abolishing the police to senior positions in the
Department of Justice.
I am sorry to say that every Democrat in this Chamber voted to
confirm not one, not two, but all three of those advocates of
abolishing the police to senior positions in the Department of Justice.
One of those was a George Soros-backed prosecutor in Massachusetts who,
like the DC City Council, put out a list of crimes that she would not
allow her prosecutors to prosecute, endangering the citizens she was
charged to protect.
What was her reward for refusing to prosecute violent criminals?
President Biden nominated her to be U.S. Attorney for the Commonwealth
of Massachusetts, and every Senate Democrat voted to confirm her as the
U.S. Attorney, the chief Federal prosecutor, in the Commonwealth of
Massachusetts.
Now, once President Biden said he would sign this bill, the political
pressure it has put on the DC City Council has had enormous impact.
This week, the council tried to withdraw the legislation. ``Never
mind,'' was their response. But simply withdrawing a bill doesn't
permanently get rid of it under the Home Rule Act, which allows
Congress to review legislation that comes out of the DC City Council.
To permanently stop the DC Council's harmful bill, Congress should
proceed and pass the Resolution of Disapproval and President Biden
should follow through on his commitment to sign it.
A recent poll found that 77 percent of Americans believe that violent
crime is a major problem. Democrats, tragically, have been soft on
crime for years; and crime has surged as a result.
At the end of the day, it is not complicated: If you let violent
criminals go, they commit more and more violent crimes. We have seen
patterns all over the country of mass murders carried out by violent
criminals who Democrat DA's have let out of jail, only to see them turn
around and commit more violent crimes.
Congress, right now, has an opportunity to come together and to speak
in a bipartisan way and to say: Enough is enough is enough. Stop
letting violent criminals out of jail. Let's protect our citizens.
Let's do our job.
I urge every Senator, Republican and Democrat, to support this
resolution.
I yield the floor.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MARSHALL. Madam President, I rise today in support of H.J. Res.
26, a resolution to overturn the recent law passed by the DC Council to
revise the city's Criminal Code.
I was pleased to join Senator Hagerty as an original cosponsor of the
Senate's version he introduced in February.
The Nation's Capital is a unique American city in that it was
established through the ratification of the U.S. Constitution in order
to host the Federal system of government established by our Founders,
separate from the authority of any one single State. Founded in 1790,
the city has grown immensely since its earliest years and, with a
population of nearly 700,000, has become one of the largest cities in
the region.
In addition to the residents of this city and those who commute daily
from neighboring Maryland and Virginia, Washington, DC, hosts nearly 20
million visitors on an annual basis--one of the most visited cities in
the United States--as Americans from all
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50 States, including my home of Kansas, come to the seat of their
government to meet with their elected officials and visit the National
Mall, memorials, and museums their tax dollars go to maintaining every
year.
Sadly, as the Capital City has expanded, so, too, has the influence
of the far-left politicians who serve as members of the council.
Similar to their Democratic counterparts in the White House, Congress,
and other U.S. metro areas, the DC Council has gone full tilt in giving
the keys of this city to its criminals and vagrants and in failing in
their duty to protect its inhabitants and visitors.
This culture of lawlessness--the same that is on display at our
southern border, where just yesterday we learned that two of the four
Americans kidnapped by the Gulf Cartel were brutally murdered--is a
product of cashless bail laws and efforts to defund the police.
In DC, these efforts have come in the form of major cuts to the
city's police department. In 2020, the council implemented a $15
million cut to their own police force--$15 million. Since then, the
number of sworn officers has decreased steadily year over year, and,
predictably, crime has been running rampant ever since. In 2021, more
than 200 homicides were committed. It was the first time homicides
surpassed 200 since 2003. In 2022, DC topped its mark again, and the
trend is continuing in 2023. Crime is up 25 percent from this time last
year; murders are up 33 percent; sexual abuse crimes are up 120
percent; and motor vehicle thefts are up 108 percent.
Shockingly, despite these staggering numbers, the DC Council, over
the objections of the city's police chief and chief prosecutor, moved
in November of last year to eliminate mandatory minimum sentences and
reduce maximum penalties for these very crimes.
Thankfully, the same Constitution that established the Capital City
gave Congress authority over the District, and while I am a strong
supporter of local control, Republicans in Congress have taken an
important stand to not stand by and watch as the radical DC Council
further inflames the crimewave engulfing our constituents' Capital
City.
I myself am afraid for my own wife to walk from our apartment to the
Capitol. I am afraid for my own staff to walk from working here to
their own homes. This last Christmas, I gave every woman on my staff a
special device to be able to defend herself should she be attacked.
This is real. We see it every day in this city. We see the crime
everywhere we go. This city is no longer safe. This city no longer
belongs to the people. This city now belongs to the criminals.
I know the Democrats in the House did not get the memo from the
President in time that he would sign our legislation into law--that of
overturning the DC Council's overhaul--but I am glad our colleagues
across the aisle here in the Senate will be joining him in passing this
important bill in order to blunt the crime victimizing the residents
and visitors of this city and the efforts of the DC Council to return
the District of Columbia back to being the murder capital of America.
Unfortunately, we know this is just a politically motivated move to
protect their electoral chances in 2024. Lawlessness runs deep in the
Democratic Party, and no matter how they vote today, much more must be
done to turn back the harm they have done to our inner cities and at
our southern border.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nebraska.
Mr. RICKETTS. Madam President, we are here today to discuss the
resolution disapproving the DC Council's efforts to water down the
city's Criminal Code.
Now, some might be wondering why the Congress has a say in the DC
Criminal Code. The reason goes back to the founding documents of our
country. DC's very existence is in our Constitution, which calls for a
district not exceeding 10 square miles to be the seat for the
Government of the United States so that, while DC is a place where
people live and work, it belongs to the entire Nation.
Citizens from all across this country come here--students, for
example--to learn about American history. In fact, I was meeting with
some students just earlier today. Citizens come here to interact with
their elected officials. We are here today because the DC City Council
is trying to make this District--this constitutionally mandated seat of
government--a less safe place to be able to live, work, and conduct
business.
In the rewriting of DC's Criminal Code, DC is trying to make things
such as first-degree murder, carjackings, robberies, burglaries, home
invasions--it is trying to reduce the penalties for all of those crimes
at a time when the crime rate in DC is rising. For the first time in a
couple of decades, DC has seen 2 years of 200 or more homicides. Over
the last 5 years, carjackings have increased every single year. In
fact, in the first 67 days of this year, reported carjackings have been
at 100. Crime, year over year, in DC is up 22 percent, and the DC
police chief has said, when they arrest a homicide suspect, that
suspect, on average, has been arrested 11 times previously.
Now, there are smart ways to think about criminal justice reform, and
that is what we did in Nebraska back in 2015, but reducing the
penalties and being soft on crime is not that approach. Rather than
reduce the penalties for violent crimes, the city of DC should look at
what Omaha, NE--my home city--has done and how they have used community
engagement with the police force to reduce homicides. In fact, they
have reduced homicides in each of the last 2 years. This is common
sense.
We need to stand with law enforcement and respect their work to put
criminals behind bars. We need to stand with the law-abiding victims
and give them the justice they deserve, and we need to make sure that
government is fulfilling its obligation to keep people safe.
That is exactly what we have done in Nebraska. We have rejected the
woke politics of these soft-on-crime policies that reduce penalties. In
Nebraska, we back the blue. We stand with law enforcement officers as
they work to identify, investigate, and arrest criminals. As a seat of
government, DC's rising crime is a threat to all Americans and to
Nebraskans, which is why the House and the Senate have an obligation to
act.
I am grateful to my esteemed colleague from the great State of
Tennessee for introducing this resolution and for his leadership on
this issue.
I urge all of my colleagues to vote in favor of this as well.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. HAGERTY. Madam President, I understand that this was the first
opportunity for my colleague from Nebraska to speak before the Senate.
I want to commend him and thank him for being here to support my
legislation today.
Congratulations.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. HAGERTY. Madam President, just to set the stage before a few more
of my colleagues come to speak on this resolution, just moments ago,
over at Union Station, where there is a protest going on right now
protesting our actions here, with people protesting in favor of this
soft-on-crime position that the DC Council has taken, those protesters
just witnessed an attempted carjacking. The assailant who was
attempting the carjacking was confronted, and as that person fled, they
ran right through the crowd.
That is the situation that we are dealing with right now, and I so
appreciate my colleagues being here to speak on it.
I yield the floor.
The PRESIDING OFFICER. The Senator from Iowa.
Ms. ERNST. Madam President, about 20 million people a year visit our
Nation's Capital, Washington, DC. They come to see our hallowed
Capitol, DC's inspiring monuments and museums, and to experience the
city's lively melting pot of cultures.
As we have seen across many major cities in our country, bad
policymaking has turned a once vibrant city into a scarcely
recognizable shadow of its former self. The DC Council is throwing gas
on the fire through its woke criminal policies, which will embolden
criminals and victimize residents and visitors alike.
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We are seeing a staggering increase in crime. The stats speak for
themselves. For example, today is day 67 of 2023--day 67--and already
this year, there have been more than 1,200 carjackings--it sounds like
1,201 carjackings as of today--422 robberies, and a murder happening
every 2 days--day 67, folks.
These aren't just numbers. These crimes have victims, and those
victims have families.
The sad reality is that no one is off limits to criminals running
rampant in our Capital. It is simply unsafe for everyone.
Just last month, a 15-year-old tried to carjack an elderly woman on
her way to chemotherapy. The victim, affectionately known as
``Grandma,'' said:
Baby, you better shoot me, because you're not taking my
car.
Elsewhere, two children, ages 6 and 9, were shot while getting off a
city bus--children who were just coming home from school.
Again, the very evening DC's Mayor threatened to veto the council's
ill-conceived crime bill, an 8-year-old was shot by a stray bullet.
Despite the rise in crime and the chorus of opposition, the DC
Council plowed forward with its lunacy.
DC is seeing an explosion of carjackings, and what does their policy
do? Reduce sentencing for carjackers.
Similarly, murders are through the roof, and yet this new policy
reduces penalties for murderers.
As one commentator put it, ``serious crime is increasing in the
District of Columbia. So the city council has decided to reduce
sentences for those who commit serious crimes.''
These ideas are crazy, folks. Even DC's very liberal Mayor says so:
This bill does not make us safer.
The law was so reckless--so irresponsible--that only those
congressional Democrats in the most extreme wing of the ``defund the
police'' crowd defended the code change publicly. In fact, most
Democrats did a complete 180 when the spotlight shined on their
preferred criminal justice policies.
The Mayor opposes the policy. The DC police chief opposes it. And,
most importantly, DC residents oppose it. So why is the DC Council
doing it, and why are the far-left Democrats in Congress supporting it?
Look no further than the policy's advocates, who say it will ``advance
racial justice in the criminal legal system.''
Folks, this is just one more of the woke nonsense which gave us
``defund the police.''
The DC Council is free to make their own policy, but we in Congress
cannot sacrifice the safety and security of the residents and visitors
to our Nation's Capital on the religious altar of the ultraprogressive
social justice agenda. While it is foolish for radical, leftist
Democrats on the DC Council to support this, it is not surprising. It
is also unsurprising that 173 House Democrats support the policy.
And, frankly, it is unsurprising that Biden quickly flip-flopped on
his position when he realized the public and the press were not going
along with this nonsense. That is right. When it became clear that this
resolution was going to pass, President Biden reversed course. And now
the DC Council has joined him in his flip-flop.
I can only wonder: What changed? Was it the shootout a few short
blocks from the Capitol? Or maybe it was the assault on a Member of
Congress just 3 days after President Biden issued a formal statement
supporting DC's law? Whatever the reason, his flip-flop is a welcome
surprise to those of us with common sense.
Welcome to the real world, Mr. President and DC Council.
Perhaps the ``defund the police'' crowd has finally learned what
everyone else has known for ages: Criminal penalties are not just
suggestions; they protect the public.
Folks, it is time to get serious about crime on our streets, and
there is no better place to start than by blocking this reckless
policy.
I am proud to join my colleagues in supporting this resolution
because, to paraphrase one of my House colleagues, ``this policy ain't
it.''
So my thanks to Senator Hagerty for his leadership on this
resolution.
Madam President, I yield the floor.
The PRESIDING OFFICER (Ms. Rosen). The Senator from Wyoming.
Mr. BARRASSO. Madam President, I, too, come to the floor today to
talk about the soft-on-crime policies of Democrats in Washington, DC.
In 2020, Democrats all across the country started their movement to
defund the police. Almost immediately, we saw burning cities across the
country, from the east coast all the way to Portland, OR.
Democratic leaders turned their backs on police officers all across
the country. As a result, police officers began to retire or resign,
and they did so in record numbers. The results were as painful as they
were predictable. Violent crime skyrocketed all across America. We saw
the fastest murder rate increase in our history. Homicides rose to a
25-year high. This is no surprise. If police officers are not able to
do their jobs, then the streets of each town in America are not safe.
Well, today on the floor, Madam President, Senate Republicans are
going to act to stop this recklessness. Thanks to the leadership of
Senator Hagerty, who is leading our discussion and our efforts, Senate
Republicans are going to vote to stop Washington, DC's radical new
legislation, this legislation that lets criminals get out of jail free.
Senate Republicans are going to vote to make our Nation's Capital a
safer place to visit, a safer place to live, and a safer place to work.
Wyoming families ask me all the time if it is safe for them to visit
Washington, DC, or if it is safe for their kids to come to Washington,
DC, for something like History Day, an opportunity to see the Nation's
Capital. Imagine that: many American families actually afraid to visit
or have their children visit our Nation's Capital.
Liberal cities all across the country have become danger zones.
Families in Wyoming watch the nightly news. They can't believe their
eyes. They see smashed storefronts in New York and in Chicago. They see
innocent people getting mugged on the streets. They see it in New York,
and they see it in Washington, DC. The cities run by liberals are not
safe. Across the country, we have hit new records for carjackings, for
assaults. But instead of backing the blue, Democrats are turning cities
into safe havens for criminals. That is exactly what has happened here
in Washington, DC.
So the city council here in Washington, DC, recently voted to
eliminate mandatory minimum sentences for every crime except for first-
degree murder. Well, there is a value in mandatory minimum sentences.
It tells judges the bare minimum punishment for criminal behavior.
Mandatory minimum sentences stop liberal judges from going soft and
softer on crime. So it is no wonder that Democrats have waged war on
mandatory minimums for at least the last decade.
The new DC law would also reduce maximum sentences for violent
criminals like carjackers. For some gun charges, the maximum sentence
would go from 15 years down to less than 5. The new crime law in the
District of Columbia would mean more violent criminals free to roam the
streets of our Nation's Capital and prey on innocent people.
Even the liberal Washington Post has said that the bill that passed
the DC City Council is a bad idea.
Carjacking is already a major problem in Washington. We are seeing it
in liberal cities all across the Nation. Carjackings in DC have tripled
since 2019, and we just heard on the floor of the Senate today that a
carjacking has recently taken place right down the street from the
Capitol Building. That is today. Under the new Criminal Code, the
maximum sentence for armed carjacking would be cut almost in half.
Why would the DC City Council reward the criminals who are creating
this chaos in our Nation's Capital? These criminals and the liberal DC
City Council members are driving away tourists from my home State of
Wyoming who want to see their Nation's Capital. It is a part of
education for so many young people.
Democrats in the House got behind the DC soft-on-crime policies when
over 170 Democrats in the House voted to protect the criminals, not the
citizens.
So Joe Biden is now trying to hide his soft-on-crime record. He just
very recently announced that he would now support our Republican
position.
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This resolution we will soon be voting on will be a victory for every
American who wants to feel safe when they visit their Nation's Capital.
But Washington, DC, is just one city. It shouldn't stop here.
Democrats' soft-on-crime policies remain in effect in liberal-led
cities all across America. Democratic lawmakers and especially
Democratic mayors need to take notice of this action by the U.S. Senate
today.
It is time to start enforcing the law. It is time to get rid of
prosecutors who are weak and prosecutors who are woke. They are not
helping our country. We need to stand with law enforcement. We need to
ensure police officers have the resources they need to protect our
communities.
The American people overwhelmingly reject the soft-on-crime policies
of Democrats in Washington. America is based on the rule of law.
Lawlessness should have no place in this Nation. It is time to stop the
crime, time to stop the chaos we are seeing in cities all across our
country.
Republicans are united by solutions--solutions to make American
communities safer. That is what this body is going to vote on today: to
improve the security and the safety of those in our Nation's Capital.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mrs. BLACKBURN. Madam President, I am so pleased to come to the floor
today in support of Senator Hagerty's legislation. It is so appropriate
that we take this up, and I look forward to supporting the legislation
as we vote later today and seeing this move to passage, seeing this
become law, and seeing this add to protection for the citizens who live
here in DC.
Over the past few years, our Nation has certainly witnessed a
devastating increase in violent crime. Compared to mid-2019, America's
largest cities have experienced a 50-percent increase in homicides and
a 36-percent increase in aggravated assaults. It is unimaginable that,
given the rise in violence in this country, the elected officials of
the DC City Council think it is a good idea to reduce the amount of
jail time for violent and deadly crimes. This includes carjackings, and
Senator Hagerty referenced one that was taking place in front of the
protesters who were out there because they opposed this bill.
Now, these crimes are rampant here in our Nation's Capital. In fact,
as of this morning, the Metropolitan Police Department tells us that
motor vehicle theft is up more than 100 percent compared to last year.
Homicides are up 33 percent. If you look at the direction those stats
have gone over the past 10 years, it is not encouraging--incidences of
sex abuse up 120 percent, property crime up 30 percent.
You don't have to live in the District to know that something has
taken hold here, and reducing penalties for terrorizing innocent
civilians is not the way to break free. Citizens should not feel unsafe
in their communities, no matter where they live.
Today's vote is about protecting the people from this failed
leadership, but it is also about holding the DC City Council
accountable for prioritizing a cynical political maneuver over the
safety of the very people they represent. This body has made a name for
itself, this DC City Council, this legislative body for the District of
Columbia. They have made a name for themselves because they have
cherry-picked some violations and have chosen to impose some truly
ridiculous restrictions on what District residents can and cannot do.
They don't deserve the benefit of the doubt here.
Right now, the council is ready to retreat, but it would be a
dereliction of our duty as Senators to allow them to do that. That is
why we are supporting Senator Hagerty in his resolution of disapproval
and in his work to stop this foolishness from the DC Council.
We also have a duty to update and improve existing laws to combat
criminals as their tactics evolve.
Earlier this year, I introduced the REPORT Act, which will go a long
way in helping law enforcement tackle child exploitation online. The
past few years of hearings with the Consumer Protection Subcommittee
have made it clear that we need to modernize our child safety laws.
The explosion of social media and the expansion of underage users is
making these children vulnerable to predators, and law enforcement
simply cannot keep up with what is happening online while they are out
trying also to find the burglaries, the robberies, the carjackings.
Once the Senate passes the REPORT Act, online platforms are going to
be required to report all child sexual abuse material found on their
sites to the National Center for Missing and Exploited Children's
CyberTipline. Current law makes that step voluntary, but that standard
is not working. We have to change it, and we have to make violating
that new standard really hurt.
The bill significantly increases fines imposed on platforms that
refuse to do this bare minimum. It also requires platforms to report
child sex trafficking and enticement crimes. Current law imposes no
obligation--none, zero--on platforms to report those materials, which
means that most of these crimes are, unfortunately, going undetected.
The last two pieces of the bill will help law enforcement and
advocates work together to bring down predators. It includes my END
Child Exploitation Act, which extends the retention period for
possession of abusive material to 1 year. This will ensure that law
enforcement has enough time to access the evidence held by these
companies and then prosecute the offenders. It also makes it clear that
the vendors working with NCMEC, minors, and parents who report to the
CyberTipline won't be held liable for possessing child sexual abuse
material.
I am so pleased that so many of my colleagues have come to the floor
today to talk about the rise in crime. The backlash against the DC
crime bill highlights the fundamental difference between the left's
priorities and the priorities of the American people. Anybody with a
bit of common sense would look at the DC City Council's proposal and
ask: Why would they even consider sending such a weak-on-crime message?
It is an invitation to criminals to come and carry out their crimes.
It is time for the left to revisit their priorities and start paying
attention to what the crime stats are telling them. The status quo
isn't working, but surrendering to violence, lawlessness, and despair
isn't the answer either.
On the Federal level, my Democratic colleagues need to support
Federal, State, and local law enforcement and demand that this
President nominate experienced judges.
Here in the Senate, we can help by making sure that police
departments are able to hire, train, and equip officers with the tools
that they need to do their job. Last Congress, Senator Hagerty and I
introduced the Restoring Law and Order Act, which would have repurposed
the billions of dollars the Democrats handed to the IRS and used that
money to support law enforcement and eliminate the rape kit backlog.
We can also modernize existing laws that are no longer working. I
welcome my Democratic colleagues to come talk with me about how the
REPORT Act will help catch child predators who are taking advantage of
new technology to find their victims.
I encourage them to join Senator Hagerty and me in restoring law and
order, and I encourage each of them to stand today with Senator
Hagerty, vote for his resolution, and take a stand against the warped
priorities of the DC City Council.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. LEE. Madam President, Washington, DC, is our Nation's Capital.
There is perhaps no city in America more capable of demonstrating the
idea of the United States as a melting pot than is the District of
Columbia. Here, you find people from every walk of life. It is the seat
of our national government, where people from across the country come
to work, seek an education, engage with history, witness what goes on
here, and take look at our Nation's monuments and historical venues
that can be found here.
Washington, DC, in short, belongs to all Americans. Tragically, a
visible increase in crime has plagued DC. It is backed by numbers, felt
by residents, and seen by millions of visitors.
Since March of last year, crime in DC is up 25 percent. Homicides are
up 30 percent, and motor vehicle theft is up 110 percent--110 percent.
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Despite being in the midst of a crime wave, the DC City Council
passed a bill that reduced criminal penalties for violent crimes,
including homicide, robbery, and carjacking.
Now, what message does that send?
It is such poor logic that Mayor Bowser opposed the bill, admitting
that ``this bill doesn't make us safer.'' She is absolutely right; it
doesn't make us safer. Yet the DC City Council chose to override her
veto and force this through to make it the law of the land, even though
it doesn't make us safer. It makes things much, much worse, and it
makes things worse in many of the same ways that DC residents are
already suffering.
When the DC City Council is to the left of Mayor Bowser, we have a
serious problem. When carjackings are up 110 percent, this shouldn't be
a partisan issue. Even President Biden telegraphed in a recent tweet:
I don't support some of the changes D.C. Council put
forward over the Mayor's objections--such as lowering
penalties for carjackings.
If the Senate votes to overturn what DC Council did--I'll
sign it.
President Biden is right. Now is not the time to get soft on crime.
This is, by the way, a good time to demonstrate that this is not or
should not be a partisan issue. How fitting is it that this bill, once
it is passed by the Senate, is expected to be the first piece of
legislation signed into law by President Biden during this Congress. It
is also fitting that the House sponsor of this bill is none other than
second-term Congressman Andrew Clyde, a Republican and a member of the
House Freedom Caucus. So if this bill is able to unite the House
Freedom Caucus and President Biden, it is doing something right.
Now, it is not often that I find myself in the company of President
Biden and Mayor Bowser. We have already seen this play out with the
campaign to ``defund the police.'' Cities with this disposition quickly
discovered that lawlessness begets anarchy. Since the campaign began,
crime has skyrocketed, and police resignations have soared. What
started as a series of calls for justice culminated at a 25-year high
in the national crime rate. Let us not make the same mistake twice--not
here, not now. We can't afford to make such a mistake.
Voting for this resolution presents an opportunity for my Democratic
colleagues to make a distinction. Will you join us in a bipartisan
recognition that we cannot endanger the lives of DC residents by
allowing this soft-on-crime bill to go into effect, or will you stand
with the DC City Council and put politics above public safety?
I emphatically support Senator Hagerty's resolution of disapproval
because the residents and visitors of this city have a reasonable
expectation of safety. I encourage my friends across the aisle to
support this commonsense resolution and send a message that the
Democratic Party is not beholden to its fringes, particularly where, as
here, its fringes would lead to increased crime rate and additional
unnecessary suffering.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. HAGERTY. Madam President, I would just like to say thank you to
all of my colleagues today who have joined me. I thank Senator Lee for
his thoughtful remarks. I am looking forward to a very robust showing
this evening as we vote on my resolution.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arkansas.
Unanimous Consent Request--S. 713
Mr. COTTON. Madam President, Washington, DC, is in the middle of a
carjacking crime wave. There have been more than 100 carjackings in our
Nation's Capital so far this year. It is only March 8. I think that is
more than one a day. Two-thirds of DC carjackers use guns to force
their terrified victims out of their vehicles.
What do the Washington Democrats do in response to this carjacking
crime wave? Do they support ``fund the police,'' install more cameras,
put more cops on the streets? No. They passed a law to reduce criminal
penalties for carjacking--reduce criminal penalties for carjackings and
other serious crimes. I wish I were joking; but, sadly, I am not.
Washington's answer to higher crime is less prison time for violent
criminals. The only reason this is not going to happen is because
Congress retains its constitutional authority over our Federal city
because Washington is not a State, nor should it ever be a State. But
in this case, some Democrats--even President Biden--got skittish about
the political price they would pay for being this weak on crime, so
they broke ranks and headed for the hills.
When House Republicans voted to disapprove Washington's soft-on-crime
bill, 31 Democrats voted with them. I suspect something similar will
play out later here today. President Biden says he will sign the
resolution of disapproval once it passes because--and these are his
words:
I don't support some of the changes the DC Council put
forward over the Mayor's objections, such as lowering
penalties for carjackings.
Those are the President's words. I welcome the Democrats' rebuke of
the Washington, DC, City Council. I hope it is more than a passing
moment of sanity, but I do have my doubts.
So let's put their new tough-on-crime attitude to the test. It is
really not enough to stop carjackings just here in Washington, DC,
because carjacking is not a Washington, DC, problem alone. Many cities
are suffering from carjacking crime waves as well, just as they are
suffering from increases in the murder rate and other terrible crimes.
According to a recent report, carjackings rose an astonishing 29
percent in seven major cities between 2020 and 2022. Why the increase?
Well, one reason is the FIRST STEP Act, soft-on-crime bill that
Congress passed in the final days of 2018. That bill let criminals out
of jail early for even serious violent offenses like mild molestation,
bank robbery, assaulting a police officer, and, yes, carjacking.
The FIRST STEP Act wasn't the only effort to coddle violent
criminals, but it is an egregious law that made clear too many of our
elected officials no longer take serious crime seriously. The FIRST
STEP Act increased, by about 15 percent, the amount of time that
Federal criminals, even carjackers, can get off their sentences for so-
called good behavior. This is in addition to the extensive sentencing
reductions and early release programs for other crimes in the bill. The
result was that if a carjacker, say, got 6 years in prison, he could be
back out on the street to offend again in as few as 5 years.
It is time to rectify this mistake and to keep carjackers behind
bars. That is why I am offering my bill, the No Early Release for
Carjackers Act. The bill is as simple as its title. If you go to jail
for violently hijacking someone's car, you should serve your entire
sentence, not get time off for supposed good behavior.
So if President Biden and congressional Democrats are really
committed to getting tough on carjackers--not just here in Washington,
DC, where they drive around a lot--then they should support this
effort.
I know that some of the defenders of the First Step Act will say,
yes, carjackers should get out of jail early for good behavior. These
criminals will, after all, get out of jail one day--or so the argument
goes--so shouldn't we rehabilitate them by rewarding them, encouraging
their good behavior?
To which I answer: Sure, we can reward good behavior for carjackers
in prison. We can encourage good behavior, but we shouldn't reward it
in a way that endangers the public. Letting dangerous criminals out of
jail early endangers the public.
If the Members of the Senate are truly concerned with rewarding good
behavior, we can offer well-behaved inmates other incentives, say,
greater access to prison telephones, transfers to lower security
facilities. And carjackers will remain eligible for other incentive
programs that are so beloved by the soft-on-crime set like gardening
classes or whatever else it is liberals think will turn supposedly
hardened criminals into model citizens. But there is simply no good
reason to release dangerous criminals from prison early, especially
not in the middle of a violent carjacking crime wave.
Crime is a policy choice and the choice is simple: If we put
criminals behind bars, crime goes down; if we let criminals run amuck,
crimes goes up. We have seen the consequences of letting carjackers run
amuck. Now we
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have a choice to fix that terrible mistake.
Therefore, Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 713, which is at the desk.
I further ask that the bill be considered, and read a third time and
passed, and the motion to reconsider be considered made and laid upon
the table with no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. DURBIN. Reserving the right to object.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Madam President, last year, as chairman of the Senate
Judiciary Committee, I convened a bipartisan hearing on carjacking. It
was the first-ever Judiciary Committee hearing on the subject. We heard
from experts in law enforcement and the automobile industry. And since
then, I have been working with Senator Chuck Grassley, Republican from
Iowa, on a bill we are going to introduce soon on the subject.
The Senator from Arkansas is a member of the Committee on the
Judiciary. He did not attend our hearing, and he has never raised this
issue with me. In fact, he introduced the bill we are considering at
this moment yesterday.
Why now? Well, he is very open when he said on the floor and what he
said in his press release. Later this afternoon, there will be a vote
on the DC Criminal Code. One of the issues is carjacking. He is trying
to hitch a ride on this train in terms of the discussion of the
penalties for crime. It is no coincidence.
Senator Cotton has brought this bill to the floor because, today, we
are voting on that resolution. The opponents of the resolution have
focused on the bill's new sentence for carjacking, reducing the penalty
from 40 years to 24, and ignored the fact that the resolution increases
sentences for a host of other violent offenses and goes after crime
guns--a source of gun crimes in many cities, including Washington and
those I represent.
Don't take my word for it. The Senator's own press release explicitly
links his new bill to today's vote. The Senator knows this bill is not
going to pass today. He wants a Democrat to object so he can falsely
claim we don't care about carjacking.
The reality is that the Senator's bill would not help prevent
carjacking, and it would make our Federal prisons less safe.
Let me explain. The Senator from Arkansas' bill is called No Early
Release for Carjackers Act. Catchy title. But it fails to recognize one
basic fact: Carjackers cannot get early release from the Federal
system. Like every other Federal sentence, it is measured in years.
Carjacking sentences have a full-term release date and a good conduct
release date. If you go to Federal prison, you earn 54 days a year of
good conduct credit if you follow the rules. If you break the rules,
they take away your good conduct time. That has been the standard in
the Sentencing Reform Act of 1984, which abolished Federal parole.
Every Federal judge knows about good conduct time when they impose a
sentence. Earning good conduct time isn't getting released early. It is
getting released when you really expected to, so long as you behave and
follow the rules.
I made it a point of visiting prisons regularly as a Member of
Congress and Member of the U.S. Senate. I recommend it to all my
colleagues. We spend a lot of time talking about criminal sentencing
and criminals themselves and very little time actually visiting prisons
to see what life is like behind bars. It is an educational experience.
I can tell you one thing you will come to realize right off the bat:
It is a dangerous place. The men and women who are corrections officers
in the Federal system literally risk their lives every single day to
keep those incarcerated who have been sentenced by the courts. They ask
us for very little: enough people to do the job right, safety in the
workplace, and those few incentives that make it possible for them to
have a decent day at work and go home alive at the end of the day.
One of those things is good conduct. If they can incentivize
prisoners not to beat up other prisoners or the correction officers
themselves with the promise of good conduct reductions in their
sentences, it is a very important thing to do. We want these men and
women, these law enforcement professionals, to have respect and also to
have the law on their side.
There are no Federal offenses that disqualify you from good conduct
time--not a single one. And for good reason. Good conduct time is an
incentive to follow the rules in prison. That is what we want people
who have broken the law to do while they are in prison: learn to follow
the rules. The threat of losing good conduct time is also a deterrent
against breaking the rules. That helps prevent violence in prison,
protects correction officers, and protects the other incarcerated
people. Good conduct time is a critical tool for Federal prison
officials to maintain order. That is why we don't disqualify anyone
from good conduct time based on their offense of conviction. This bill
would be the first time in history. We have never done it before, and
we shouldn't start now.
Now, this is not the first time that this Senator has opposed efforts
to rehabilitate prisoners. The reason he is trying to dismantle good
conduct credit is because carjackers are already excluded from an
important rehab program created by the FIRST STEP Act. He comes to the
floor regularly to criticize the FIRST STEP Act, which he didn't
support, and it is his right not to. He fails to mention two things. It
was a bipartisan measure introduced by the primary sponsor at the time,
Senator Grassley, and myself and Senator Lee. It was signed into law by
President Donald Trump. Soft on crime? This bill passed by an
overwhelming vote of 87 to 12 in the Senate. It was signed into law by
President Trump.
Unlike most Republican Senators, Senator Cotton opposed the FIRST
STEP Act. The FIRST STEP Act established earned time credits that
allowed prisoners to earn time off their sentences in exchange for
completing programs that help reduce the likelihood they will commit a
new crime after their release. The bill included a compromise and
excluded from the program individuals who had committed any of dozens
of offenses. Carjacking is one of those offenses. So the criticism he
is making of the FIRST STEP Act doesn't apply to the argument he made
on the floor.
No matter how many recidivism-reducing programs a carjacker
completes, no matter how many classes he takes or how many skills he
learns, he cannot earn a day off his sentence under the FIRST STEP
Act--exactly the opposite of what the Senator from Arkansas just said.
That compromise wasn't enough for the junior Senator from Arkansas.
He offered an amendment to the FIRST STEP Act that would have excluded
tens of thousands of low-level offenders for earned time credits. And I
stood here on the Senate floor to oppose that amendment because I knew
then and I know now the purpose of a recidivism reduction program is to
reduce recidivism. Almost everyone in the Federal Bureau of Prisons
will get out one day. And when we exclude people from these programs,
we do not facilitate successful reentry, and we do not reduce
recidivism.
Now let's talk about what we can do to reduce carjacking. I have been
working for months on a bill with Senator Grassley, a Republican from
Iowa, as chairman of the Judiciary Committee. Our Combating Carjacking
Act is based on recommendations from experts who came to our hearing
last year.
I have discussed one key provision many times with the sheriff of
Cook County, Tom Dart, and here is what it does. Almost any car
manufacturer today has some kind of vehicle location system built into
it. It is a device that automatically calls for help if you have been
in an accident.
This system is a great way to locate cars right away in real time
after they have been carjacked, and that should be a huge deterrent to
carjacking. If you take a car by threat of violence, law enforcement
should be able to find you right away, take back the car, and put you
under arrest for your crime.
But right now, law enforcement has a hard time getting auto
manufacturers to provide that location data, even when the victim, the
vehicle owner, is
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standing there saying: Please help the police find the person who just
stole my car.
Why? Some manufacturers are better than others about this, but they
tell us that we are worried about violating the Federal Driver Privacy
Act, and they are worried about liability.
So the bill we are working on, on carjacking, creates an exception to
the Driver Privacy Act. It says, if a car manufacturer gets a
reasonable, good-faith request from law enforcement for vehicle
location data after a carjacking, they can provide that location data
without liability because we want to make carjacking a crime that never
pays off, and it won't if carjacked vehicles can be immediately tracked
and recovered. That is why we are pursuing this.
As I said before, I agree with Senator Cotton, carjacking is a
serious problem that needs local and Federal solutions. I invite him to
join me and Senator Grassley in our bipartisan effort. I don't agree
that wiping out good conduct credit for Federal prisoners is the way to
do it.
Madam President, I object.
The PRESIDING OFFICER. The objection is heard.
The Senator from Arkansas.
Mr. COTTON. Well, Madam President, I am disappointed that our
bipartisan bonhomie this week about carjacking only lasted as long as
overturning Washington, DC's law.
We should address how we can stop more carjackings. I don't think we
should blame cars for carjacking the way some would blame guns for gun
violence. The simplest way to stop carjacking is to lock carjackers
away in prison for a long time and not to let them out early.
And the Senator from Illinois, I will say, is right. I was the most
implacable foe of the FIRST STEP Act, and I remain so. Guilty as
charged. I will walk free, like most violent criminals in Washington,
DC, who plead guilty as well, but continue my advocacy against that law
which has led to hundreds and hundreds of its beneficiaries committing
violent crimes. It was a mistake in 2018 when we passed it. Eighty-
seven Senators committed the mistake, including most Republicans.
President Trump made a mistake in supporting the FIRST STEP Act. That
law is dangerous to public safety.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. VAN HOLLEN. Madam President, I rise in opposition to the
resolution by Congress to overturn a law that was duly passed and
enacted by the elected representatives of the people of the District of
Columbia.
I support self-determination. I support self-governance. I support
full democracy for the nearly 700,000 residents of the District of
Columbia. Citizens who pay more Federal taxes collectively than the
people in 21 States, citizens who serve their country in the Armed
Forces, citizens who live in the Capital of the oldest democracy
deserve the same rights to full democracy and self-determination as the
citizens who live in any other State or any other city in the United
States of America.
That is why I have long championed and supported the cause of DC
statehood. But I want to point out, that is a fight not only for voting
representation in the House and the Senate but also for the principle
of local economy, the principle of self-determination also known as
home rule.
In my view, this resolution is an attack on the democratic rights of
the people of the District of Columbia, which has its own duly elected
democratic representatives: the Mayor and the DC Council. Its residents
and citizens are fully capable of deciding their own law and deciding
their own future.
The Congress should not be overriding the will of the people of DC as
reflected in their elected representatives. This process of directly
overruling a law passed by the District of Columbia has not been used
for 30 years--not for 30 years--and we should not start it now.
This bill was passed by the DC Council. It was vetoed by the Mayor.
And I share some of the concerns that have been expressed by the Mayor.
But then, the city council overruled the Mayor's veto by a vote of 12
to 1. And here is what the Mayor of the District of Columbia says; that
while she had differences with what the council did, she strongly,
strongly encourages this Senate to uphold the larger principle of
democracy for the people of the District of Columbia.
Here is a letter she sent to all of us on February 23.
[A]s Mayor and the Chief Executive Officer of the District,
I call on all senators who share a commitment to basic
democratic principles of self-determination and local control
to vote ``NO''--
Vote no--
on any disapproval resolutions involving duly enacted laws of
the District of Columbia.
The Mayor points out in this letter that she is in a back-and-forth
with the council to try to address some of the concerns that she has
expressed, concerns which I understand and which I share. But she is
very clear that the U.S. Congress should not be bigfooting the
decisions made by the elected representatives of the District of
Columbia.
No other jurisdiction in the United States of America has its laws
subject to veto by the U.S. Congress. We all have Governors of our
State. We all have State legislators. We have cities with mayors and
elected councils. No one here would appreciate the U.S. Senate and
House of Representatives interfering and overturning decisions made by
their State representatives or their local representatives, even if we
might disagree with some of those decisions from time to time. And yet
that is what we are doing to the people of the District of Columbia
having elected their representatives, the Mayor and the council, to
represent them.
We must ensure that the people who live in the Capital of the world's
oldest democracy have the same democratic rights as the people who live
in every other part of the country.
Now, I do want to address some of the particulars here because we
have heard from lots of people, especially our Republican colleagues,
that what the DC Council did and the DC government did was so egregious
that we have really no alternative but to make a decision we haven't
made for 30 years, which is to overturn a law that was duly passed by
the DC government.
So let's take a look at it.
Even opponents within the District of Columbia acknowledge that the
majority--the great majority--of the revised Criminal Code is
noncontroversial, providing essential updates and clarification to a
criminal code that is in desperate need of modernization. The Mayor
herself who vetoed the legislation says she supports 95 percent of it
and has offered concrete proposals to address the other concerns that
she points out that even though she disagrees with 5 percent, that is
no reason for the U.S. Congress to overturn a law that was passed by
the government of DC.
Why did the District of Columbia revise its code? Because it is
hopelessly outdated and confusing. It was written in 1901, more than
120 years ago. Many of our States have updated our laws since then--
most of them, if not all of them--but in DC, while they made some
changes to some parts over that 120 years, they had never taken a
comprehensive look at the DC Criminal Code. We all know a lot has
changed since 1901.
And so the revised DC Criminal Code is the result of an exhaustive
effort led by the Criminal Code Reform Commission, an independent DC
agency established in 2016 and comprised of nonpartisan experts. The
commission drafted the code over nearly 5 years in a fully public
process that included 51 public meetings, extensive public feedback,
and robust negotiations.
The advisory group that unanimously approved the recommended changes
included representatives from the Office of the U.S. Attorney for the
District of Columbia and the Office of the Attorney General for the
District of Columbia.
The new code removes some obsolete provisions. It ensures that
sentences are more proportionate to the actual sentencing. It
simplifies overlapping charges and addresses missing and inconsistent
laws that create legal loopholes that people have been able to slip
through.
Now, while I may not have supported every one of these hundreds of
provisions in the revised Criminal Code if I were sitting on the DC
Council--I am not sitting on the DC City Council and
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neither is any Senator in this Chamber. None of my 99 other colleagues
were there to hear all the testimony that was heard by those who made
these decisions on behalf of their constituents as elected
representatives.
Let's dig a little deeper into some of the changes that were made
because listening to some of the public discourse, you would think--I
know my friend, the Senator from New Jersey, has heard this--you would
think that, boy, the DC Council just went wild with this leftist effort
to loosen the laws and let criminals run free.
Well, let's take a look at what they did. They raised some penalties.
In some cases, they looked at actual sentences, not just in DC but
other States, and lowered them, and in some cases, they closed legal
loopholes.
Here is where they raised penalties: attempted murder. The current
maximum sentence in the District of Columbia is 5 years in prison for
attempted murder; the maximum under the new DC law, 23\1/2\ years for
attempted murder.
How does this compare to other States?
Well, there are at least seven of our States that have maximum
penalties for attempted murder below the new DC maximum penalty for
attempted murder.
I see the Republican leader is not on the floor. The State of
Kentucky has a lower sentence for attempted murder than the revised DC
Code has. Maybe tomorrow I should introduce a piece of legislation to
raise the penalty for attempted murder in the State of Kentucky because
I just don't think that theirs is good enough for the people of
Kentucky. That is what we are doing here. We are substituting our
judgment for the considered judgment of the people of the District of
Columbia.
Let's look at another area: attempted sexual assault. The DC
government increased penalties for sexual assault from 5 years to 15
years. Again, I surveyed some of our other States. You know, we have
Senators from a number of States--at least six--that have lower
penalties for attempted sexual assault than the current, new, proposed
DC law, including, once again, the State of Kentucky. The State of
Kentucky has a lower maximum penalty for attempted sexual assault than
the new, revised DC law has.
For Federal assault on a police officer, they raised it from the
current max of 10 to 14 years. For misdemeanor sexual assault, the
maximum will now be 2 years, up from 180 days.
The statute also includes new offenses. As I say, we are modernizing
the code, including nonvehicular negligent homicide and reckless
endangerment with a firearm and new penalties, such as for offenses
against vulnerable adults, in order to strengthen public safety in the
District of Columbia after having listened to their constituents.
It also includes increased penalty enhancements for aggravating
factors--such as the presence of a firearm, such as property damage or
having prior convictions--in addition to the base penalties that are
established for various crimes.
Now, that is where they increase penalties, and that is where they
close loopholes, but when you are doing comprehensive reform, you look
at everything. You don't necessarily measure justice just because a
maximum penalty for something goes up. Sometimes you measure justice by
making sure that the penalty is proportionate to the crime.
We have had lots of debates on this floor, and the Senator from New
Jersey, my friend Mr. Booker, has been front and center in leading the
charge when it comes to criminal justice reform because we have an
absolute scandal in the United States of America about the mass
incarceration of people of color.
So when the DC Council passes some of these laws, people apparently
ignore all of the cases they are increasing penalties for--things like
attempted murder--and zeroing in on some areas where they are actually
bringing sentences in line with what judges are doing based on their
discretion.
A lot of attention has been given to the issue of armed carjacking
because, in this case, the DC government lowered the maximum penalty
for armed carjacking. They did that to bring the maximum penalty more
in line with what the actual sentencing was. The current carjacking
maximum after the change is 21 years. It went from 40 years down to 24
years.
Now, here is the thing: I looked again, as I know my friend from New
Jersey did, at what other States' laws are for armed carjacking, their
maximum penalties. Once again, in many cases, they are lower than the
new DC statute, the new DC penalty. In fact, a lot of States don't even
have armed carjacking statutes. So if you want a point of comparison
for those States, you would look at armed robbery.
When you look at States with armed carjacking statutes and when you
look at the penalties they apply for armed robbery in carjacking cases,
you will find that 15 States have lower penalties than the new, lower
DC maximum penalty for armed carjacking. Fifteen States represented by
Senators in this Chamber who want to override DC law have sentences for
armed robbery or armed carjacking lower than what DC's new penalty is.
Those States include Alaska; they include Kansas; they include North
Dakota; and yes, once again, they include the State of Kentucky. The
State of Kentucky seems to be an outlier here in terms of low sentences
for many violent crimes, lower than the newly revised code passed by
the DC government.
I am not going to go into all of the other details here. I think my
colleagues get the picture, which is that the elected representatives
of the District of Columbia, after an exhaustive review, made some
decisions about criminal justice reform. I don't agree with every
single one of them that they made, but I will tell you this: What they
did is entirely defensible, and it certainly doesn't rise to the level
of the U.S. Congress, for the first time in 30 years, bigfooting their
decisions.
That is also the testimony we received from a number of attorneys
general of our States. Everyone--including, I am proud to say, my
attorney general, Anthony Brown, a former Member of the House--wrote to
us all. They pointed out in their letter that the question of public
safety is best left to those who are closest to the community and who
are in the best position to decide these laws. They say: We know from
experience that each of our jurisdictions is very different and at
times requires different policy approaches.
A law that makes sense for one community may not make sense for
another. If the State of Kentucky wants to have lower criminal
penalties than the District of Columbia, that is their decision. As I
said, based on today's action, maybe I will get up tomorrow morning and
introduce a bill to change the criminal penalties in the State of
Kentucky.
The bottom line is this: The people who live in the District of
Columbia deserve the same right as the people who live in every other
part of our country--the right to self-determination and democracy.
That is what they did in passing this new law, and we should not be
substituting our judgment for that of the duly-elected representatives
of the people of the District of Columbia.
I now yield to the Senator from New Jersey, Mr. Booker.
The PRESIDING OFFICER (Ms. Baldwin). The Senator from New Jersey.
Mr. BOOKER. Madam President, I want to just say that I respect and am
grateful for the generosity of the chairman, the Senator from Oregon,
for allowing me to slip in and say some remarks.
I want to thank Senator Van Hollen for his incredible leadership on
this issue.
I have the distinction of being the only one of the 100 Senators who
was actually born in Washington, DC. This is the city my parents met
in. This is the city they married in. My mom worked for the DC Public
Schools. My father was one of the first Black salesmen hired in the
entire DC region by the company IBM. I owe this city so much, and I am
disappointed that there is nobody in this body who was officially
elected to speak for this city.
Washington, DC, is suffering, as it has, from a violation of one of
our most sacrosanct principles of the country, which is this idea that
this democracy is rooted in the ideal of representative democracy, the
separation of powers, and most certainly the idea that you can't have
taxation without representation. In fact, DC residents pay more
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per capita in Federal taxes than any other State, but yet they have no
say in the Federal Government.
Madam President, 700,000 Americans, in one of the only expressions of
representative democracy available to them, have 13 council people who
were part of a process. As was said already by my colleague, the
council members completed the monumental task of modernizing the 120-
year-old DC Criminal Code to make it more consistent, clarifying
conflicting provisions, and bringing it in line not just with current
best practices reflected in the majority of States' criminal codes but
in trying to address the urgencies of the moment wherein you have a
city that is deeply concerned about the crime in its community.
DC's efforts are not unique. There are 37 States that have gone
through similar processes--so-called red States, so-called blue States,
and purple States.
The process was spearheaded, as my colleague said, by the independent
DC Criminal Code Reform Commission, which was a nonpartisan agency that
was very representative of prosecutors and victims' rights advocates.
All of these nonpolitical people came and unanimously endorsed what we
have before us today.
Now, the first time any partisan politician got involved was with the
City Council just voting to confirm this nonpartisan body's unanimous
recommendations. It was to that process that the Republican leader
said: Oh, it looks like, with what they did, they are in need of adult
supervision.
Think of how patronizing and paternalistic that is for this body, not
being any part of this process, now suddenly saying they need adult
supervision as if they are children.
The DC Criminal Code was about keeping DC safe. It is what the
prosecutors involved said and what the U.S. Attorney's Office said: We
need to do this to create a safer city because of the confusion in the
code and the lack of having criminal penalties at all for certain
crimes. All of these things opened up opportunities for DC not to have
the security they wanted. So this was about DC's safety.
Unfortunately, it is now embroiled in scare tactics, where political,
opportunistic actions are taking place to try to use this as a way to
win political points. Even the media, for whom I have tremendous
respect for its role, has been more keen on asking questions about the
political analysis than actually the facts of what DC has done.
What DC has done in this bill is to actually create a tougher element
on crime, tougher laws on crime. In looking at the totality of this
bill, it is impossible to say that it isn't about making DC safer and
having tougher penalties on crime.
My colleague went through some of this. It actually quadruples the
maximum penalty for attempted murder, and it triples the maximum
penalty for sexual assault because people in DC see those as serious
crimes, and they want to seriously increase the consequences for them.
DC is pro-police officer, so what did they do? They doubled the
maximum penalty for misdemeanor assaults on police officers, and they
increased by 40 percent the maximum penalty for a felony assault on a
police officer.
Washington, DC, knows that there is too much gun violence and that
they need to take action against it, so it quadruples the maximum
penalty for the possession of assault rifles, for ghost guns, for
restricted explosive devices. I know the NRA doesn't want laws like
this, but DC residents do. It doubles the maximum penalties for
possession of a firearm or a bump stock--tougher laws on guns, more
serious penalties.
DC's Criminal Code actually modernizes and creates new categories of
offenses that aren't currently crimes. It creates new offenses for
negligent homicide. It creates new offenses for reckless endangerment
with a firearm. It creates new offenses by expanding liability for
sexual assault, including for the sexual abuse of a minor. It expands
liability for the possession of sexual images of children.
This is a city that came together and said: We want to protect our
children. We want to protect sexual assault victims. We want to better
protect our police officers. We want to better protect people from
murder. But no. This body now, in a rush of politics, is going to
prevent a city from protecting itself.
It actually increases the protections for domestic violence victims.
It criminalizes strangulation as a felony, which is currently very
difficult to even prosecute. In fact, every State but South Carolina
has closed this loophole, but this body is going to stop them from
doing it today. It criminalizes nonconsensual conduct as a felony and
quadruples the maximum penalty. It helps the victims of domestic
violence better obtain civil protection orders because the current law
lacks clarity and makes it very hard to do this.
Let me say this again. By rejecting this law today, by voting against
this, people, in the name of being tough on crime, are actually the
people who are preventing a city from better protecting itself--from
better protecting its children, its sexual assault victims, its police
officers. I mean, think about that.
I have not, in my 10 years in the Senate, seen such a distortion of
facts, such a misrepresentation of what something is. The RCCA sets new
maximum penalties for armed carjackings--my friend talked about that--
and their carjacking laws now have a maximum penalty higher than
Georgia, Kansas, North Dakota, and Kentucky. Maybe we should do a
unanimous consent request right now saying that Kentucky is too soft on
crime because DC wants higher maximum penalties.
It sets new maximum penalties for unarmed carjackings higher than
Georgia, higher than Iowa, higher than North Dakota, higher than
Tennessee and Kentucky. The very Senators coming down here to criticize
laws--Senators from Tennessee I have seen today, from Kentucky, from
Iowa--actually, their States have lower maximum penalties than what DC
is trying to do, but they are going to stop DC from doing it.
Armed robbery, the same thing--higher maximum penalties than North
Carolina, North Dakota, Ohio.
The same thing for unarmed robbery--higher than Kansas, higher than
South Dakota, higher than Tennessee, the sponsor of this bill, and
Kentucky.
Yes, they may be lowering the maximum penalty, but it is still higher
than so many States of the Republicans pushing this bill and not
speaking to the facts of it.
I am a former big-city mayor, and there are communities like
Washington, DC, all over this country that are trying to fight crime.
Many of them have significant numbers of African Americans as a
percentage of their population who have higher rates of victimization.
Those cities are grappling with this. They feel a sense of urgency.
That is why this bill actually is raising penalties, putting in new
criminal statutes, and making sure that so many of their laws are
tougher than even many of the red States, like Kentucky and Tennessee
here.
That is what happens in a city that has elected representatives that
know that their No. 1 job is to protect the community because those
communities often are being more victimized than Senators and their
families are in their States.
Give DC what we believe was a revolutionary idea then but not a
revolutionary idea now, which is to let them protect themselves. Don't
strip them of their ability to protect themselves. Don't take away
their ability to protect their children. Don't take away their ability
to create laws that protect their police officers. Don't take away
their ability in this law to protect their citizens--700,000 residents
who do not have a voice in this body, 700,000 residents who are about
to have a law that will better protect them overturned because of
politics, because of opportunism, because of the big divisions in our
country that tear our Nation apart.
But DC is united in its fight for self-determination, for
representation, for safety, and security. Those are the ideals that
started America, and this body shouldn't interrupt a city trying to
live its American ideals that we take for granted but they, obviously,
today, are still fighting for.
I yield the floor, and I give my apologies to the great Senator from
Oregon.
The PRESIDING OFFICER. The senior Senator from Oregon.
Mr. WYDEN. I thank my colleague, and I thank both of my colleagues
for their very, very powerful remarks.
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Nomination of Daniel I. Werfel
Madam President, the Senate this afternoon is going to vote on the
nomination of Mr. Danny Werfel to serve as the next Commissioner of the
Internal Revenue Service.
I want to say that I believe Mr. Werfel is superbly qualified. He is
a good-government nominee, and I urge my colleagues strongly to support
him.
Mr. Werfel--and this is true of his professional life and at his
hearing--has made it clear that he is going to make sure that the IRS
does its job consistent with the law and that transparency will be a
top priority for his service, which is focused on building trust.
This means a lot because Mr. Werfel has done that at the IRS before.
He stepped up when President Obama asked him to serve as Acting
Commissioner during a very challenging time a decade ago.
Now, the issues were different then. Danny Werfel came in after the
public learned that the IRS had used some very sloppy methods of
monitoring the political activities of tax-exempt groups. In the
Finance Committee, particularly Chairman Hatch and myself, we did an
extensive investigation, and we found that both left-leaning and right-
leaning groups were affected.
While Mr. Werfel served in that acting role, he worked effectively
with both sides of the Finance Committee. He helped right the ship and
improve confidence in the IRS.
The late-Senator Hatch, who was certainly conservative but somebody
who always valued fairness and professionalism, spoke to me several
times and to our colleagues about his high regard for Danny Werfel. In
my view, that is a big reason why Danny Werfel has bipartisan support
today.
I have a few comments on the big initiatives he is going to lead when
he is confirmed.
After a decade of Republican budget cuts, the Inflation Reduction Act
finally gave the IRS the resources it needs to go after tax cheating by
too many of the very wealthy and multinational corporations, and it is
in a position to improve customer service for everybody else, the vast
majority of Americans who follow the law.
I will start with customer service, where the IRS is making
significant improvements. Let's go back a few years when the IRS was
able to answer only 11 percent of the phone calls it was receiving. In
2022, it was 13 percent. This time last year, there was a backlog of 24
million unresolved tax returns. As of a few days ago, the IRS was
answering 90 percent of phone calls. It has processed more than 99
percent of the returns filed so far this season. And the IRS has cut
the backlog of individual returns by 92 percent.
Now, they have achieved that by spending about 1 percent of the IRA
funding. In my view, that is a record that we ought to put a lot of
focus on because, if it continues, it will be an historic return on
investment. We expect it to continue. We are counting on Mr. Werfel to
maintain that progress.
The long-term initiative is also stepping up the fight against,
unfortunately, the fact that there are too many of those wealthy tax
cheats and scofflaw corporations that rip off American taxpayers too
easily today, and the Republican budget cuts over the years resulted in
a double standard in tax enforcement. The IRS' ability to go after
sophisticated wealthy tax cheats, who are employing armies of lawyers
and accountants, was severely limited for years. The burden of tax
audits shifted far too heavily onto working people and the middle
class.
The reason that was the case is that for working people in Wisconsin
and Oregon--nurses and firefighters and teachers--the government has
most of the information about their lives. So it is very
straightforward, if there is something to question there.
The wealthy tax cheats use their accountants and the lawyers to pay
taxes very differently. Billionaires tend, to a great extent, to pay
little or nothing for years on end because they structure their affairs
to knock out their annual income.
Democrats have made clear from the very beginning that this isn't
about increasing audits of people with incomes under $400,000. In fact,
we wrote that limitation into the Inflation Reduction Act.
Republicans struck the language from the bill during the debate.
Nevertheless, Secretary Yellen has ensured the Congress and everyone
concerned know that the Treasury will stand by that commitment. The
plan laying out how the IRA funding will be used is in the works.
I want to be clear this afternoon because I have been asked about
this. Colleagues on the Finance Committee, of both political parties,
are insisting that we get that report on how the funds are going to be
used--that we get it soon.
Frankly, that is one of the reasons to support Danny Werfel this
afternoon, because he is experienced in this deal. He stepped in for
President Obama. We are convinced that he is going to follow that
directive and focus on getting us the plan and ensure that the focus is
on better service and on wealthy tax cheats and multinational
corporations paying their fair share.
I think he is going to handle his position in a way that is
transparent. He made it clear that he would be open to talking to
Senators on both sides of the aisle and that he will strongly favor
protections for confidentiality of taxpayer data. That is the kind of
good-government approach that both sides of the aisle should support.
This is a highly qualified, highly experienced nominee. He is the
right choice to lead the IRS. He has earned bipartisan support. A
number of our colleagues, both in the committee and here on the floor
on both sides of the aisle, support him. I would just urge my
colleagues, this afternoon--I think we will vote in a couple of hours--
to strongly support his nomination.
Remembering Bill and Dottie Schonely
Madam President, I want to rise today on behalf of all the people
that I have the honor to represent to honor the late Bill Schonely, the
Portland Trail Blazers' radio voice for the better part of three
decades, and his late wife Dottie.
Bill passed in January, leaving a timeless legacy for all of us
Blazer fans in ``Rip City,'' the name that Bill coined for my hometown.
Dottie passed last month, leaving her own legacy as an accomplished
woman who radiated smarts and kindness to everybody she met in Oregon.
Bill and Dottie were the ultimate teammates, as the ``First Couple of
Rip City.'' So perhaps it is fitting they could not be separated for
long.
In fact, when Bill and I spoke last, before his passing in January,
he made sure to ask me if I was doing my level best to protect Social
Security. I have kept the message on my phone with his resonating voice
saying: Ron, what are you doing to protect Social Security and the Gray
Panthers? I am really concerned about it. And make sure you also do it
for Dottie as well.
That will be on my phone forever.
Like storied broadcasters Johnny Most for the Boston Celtics fans or
Chick Hearn for Los Angeles Lakers fans, my friend Bill was much more
than an NBA play-by-play guy for us Trail Blazers fans in Portland and
throughout Oregon. As the Blazers' first broadcaster, starting with the
team's inaugural season in 1970--that was a world long before ESPN or
even before the team's games aired on local TV--Bill became the
soundtrack for generations of Portland fans. He connected our State's
first big-league franchise with Oregonians in every nook and cranny of
Oregon.
I have logged lots of miles getting around Oregon for 1,040 open-to-
all townhall meetings. In fact, I have got two more scheduled this
weekend in Jefferson and Deschutes Counties in Central Oregon. But I
bet Bill covered just as many miles as the Blazers' ambassador in every
part of Oregon.
I can't tell you how many times I would show up at a radio station in
a small Oregon town--you know, there are lots of those kinds of towns
in Wisconsin--and I would see a photo of Bill there, from back in the
day, when he was on a local golf course or some local community
function. And any elected official in Oregon will tell you how
fortunate we were that Bill Schonely never ran against any of us.
In addition to coining the phrase ``Rip City,'' which is forever tied
with my hometown, Bill had an expansive basketball lexicon in his
unofficial role as professor of basketball English for Blazers fans.
Unlike me, he had a baritone voice, and he taught all of us how
rebounders
[[Page S694]]
``climbed the golden ladder'' and how point guards dribbled ``lickety
brindle up the middle.'' As a former player myself, I always nodded my
head in agreement whenever Bill would intone, pausing theatrically with
each word, ``You've got to make your free throws.''
So as Rip City prepares to say good-bye to Bill and Dottie at a
public memorial service in Portland, in which I will be at on Monday
the 13th, I will close with this:
Oregon is said to have ``Seven Wonders,'' including Mount Hood and
Crater Lake. In my scorebook and the scorebooks of Blazer fans, ``The
Schonz'' and Dottie are our State's ``Eighth Wonder.''
So today, on behalf of all Oregonians, I extend my condolences to all
Bill and Dottie's loved ones. I will always remember both with a smile
and be forever grateful that they leave so many wonderful memories as
part of their unforgettable legacy for our community.
On behalf of all Oregonians, today, I close by simply saying: Thank
you, Bill and Dottie Schonely.
I yield the floor.
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. BENNET. 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--Executive Calendar
Mr. BENNET. Madam President, I wanted to come down here because a
single Senator in this Chamber, a colleague from Alabama, has put a
blanket hold on every pending nominee and promotion of flag officers at
the Department of Defense.
As far as we can tell--and this might be the intention of the Senator
from Alabama; I don't know whether he knows this or not--there is no
precedent for what the Senator from Alabama is doing. There is no
precedent for what he has done. It has never been done, stopping the
U.S. Senate from taking up promotions for uniformed military officers.
These are promotions that happen to people as a group. These are flag
officers at the Department of Defense that we have to ratify here in
the Senate.
And we asked the Senate Armed Services--I couldn't believe it when I
heard it. I couldn't believe it. But we asked the Senate Armed Services
Committee if this had ever happened in the history of America, the
history of the Senate; and the answer was, they have no record of that
ever happening before.
And it is happening at an incredibly unusual and difficult time in
the world's history with the biggest land war in Europe since the
Second World War, China's saber-rattling in the Pacific. We just had an
hours-long open session of the Intelligence Committee to hear the
report from the head of the FBI, the head of the CIA, the head of the
NSA, the head of the Defense Intelligence Agency. All of these folks
were coming together to say: This is what the threat looks like. This
is the global threat that America faces--a geopolitical landscape more
unsettled than at any point in my lifetime, Madam President.
My understanding is that the Senator from Alabama has placed this
unprecedented blanket hold because he objects to the Department of
Defense's new policies to help our servicemembers access reproductive
care. And I will have more to say about that in a minute; but I don't
think I should wait any longer to advance these personnel. We should
get this done today.
Therefore, I ask unanimous consent that the Senate proceed to
executive session to consider the following nomination en bloc:
Calendar Nos. 46, 47, 48, 49, 50, 51, 52; that the nominations be
confirmed en bloc; that the motion to reconsider be considered made and
laid upon the table with no intervening action or debate; that no
further motions be in order to any of the nominations; that the
President be immediately notified of the Senate's action, and the
Senate then resume legislative session.
The PRESIDING OFFICER. Is there objection?
The senior Senator from Alabama.
Mr. TUBERVILLE. Reserving the right to object.
The Senator from Colorado may have good intentions, Madam President,
but he is wrong on the facts.
I am holding the DOD nominations because the Secretary of Defense is
trying to push through a massive expansion of taxpayer-subsidized
abortions without going through this body, without going through
Congress.
Three months ago, I informed Secretary Austin that if he tried to
turn the DOD into an abortion travel agency, I would place a hold on
all civilian flag and general officer nominees. Other than a couple of
calls to my staff to ask whether I was serious, the DOD leadership has
yet to call me directly and justify this action. In fact, they have not
explained this decision to Congress despite multiple letters, more than
a dozen from my colleagues on the Armed Services Committee.
Secretary Austin's new abortion policy is immoral and, arguably,
illegal. If he wants to change the law, he needs to go through
Congress.
The DOD refused to answer questions or justify this policy for months
last year. When they finally answered our questions after another
nominee hold, the policy was exposed for what it really is: nothing but
a political charade to appease the left. These holds have no real
impact on military readiness or operation. The military wasting time
and resources to coordinate abortion trips hurts readiness, not the
Senate using regular order to vote on nominees.
If my colleague cared about military readiness, maybe we would go
after more of the ridiculous policies that have led to our lowest--our
lowest--recruiting numbers in decades. But my hold does send a message
that the Secretary is not--and I repeat--not above the law, and he
cannot ignore lawmakers who are demanding his organization abide by the
law.
I object, and I will continue to object to any nominees as long as
this illegal new abortion policy is in place. I am holding the military
accountable. Others are holding our national security hostage by
forcing their agenda where it doesn't belong.
Americans want a military focused on a national defense. And that is
what I am fighting for. For these reasons, I object.
The PRESIDING OFFICER. Objection is heard.
The senior Senator from Colorado.
Mr. BENNET. Madam President, I appreciate the words of the Senator
from Alabama and his conviction. I will say he said I am mistaken on
the facts.
I think one thing you didn't hear was any dispute at all that this is
the first time in American history that a U.S. Senator has held up the
promotion of flag officers--the first time. It is the first time in
American history that any of the more than 2,000 people that have
served in this body--but less than 3,000 people--have seen fit to hold
up the promotions of people at DOD. That is not a fact that is in
dispute, Madam President, as we sit here today on the floor.
You know, I have spent a lot of time when I come down to this floor--
and I am on the floor listening to people's speeches, or I am thinking
about my own--thinking about the history of America. And broadly
speaking--it has not always been true at every moment or at every
juncture--but broadly speaking, the American story has been a story of
expanding freedoms and expanding opportunity for the American people.
It is the story of one generation after another putting their shoulder
to the wheel to make our country more democratic, more fair, and more
free.
It can be easy, when you are on this floor, to think about those
victories as ancient history, as old as the marble in this Chamber. But
it was only 100 years ago, our grandmothers' generation--our
grandmothers' generation--when women in America didn't have the right
to vote. That is just 100 years ago. It took 100 years for the people
that were fighting for women to have the self-evident right to vote to
vote, and they didn't get it until 100 years after they fought. And it
was only 100 years ago that they got it.
It was only when I was born in the middle of the 1960s that we
attempted, finally--finally--after the Civil War in the United States,
after Reconstruction and then the redemption that came after that,
after the Jim Crow
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laws and the redlining that had happened in the United States of
America--it was only after that that we finally tried to secure the
rights of African-American citizens to vote, a promise that had been
made after the Civil War was over and never fulfilled. I would argue it
hasn't been fulfilled to this day.
By the way, when I was born in 1964--I was at the African American
Museum the day before I got sworn into this body, this time with my
family, and I said to one of my nephews--we were walking through the
slavery exhibit--I said, I was born in 1964, which, to him, admittedly,
that seemed like ancient history. But the year I was born was just 100
years since the people in this country still enslaved human beings.
Just two short lifetimes divided when I was born from when we still
enslaved human beings.
It was even more recent in our country's history--just 50 years ago,
Madam President--before we secured the constitutional right to an
abortion in Roe v. Wade, putting an end to the days when women in this
Nation--when our mothers and our grandmothers--were forced into back-
alley abortions in the United States of America, forced to carry
pregnancies to term, and forced to live without any freedom to chart
their own course about their lives or their families' lives. That was
just 50 years ago when the Court in Roe v. Wade said there is a
constitutional right at stake here; there is a constitutional right
that we are going to protect here.
And in all of these cases, in my judgment, our fellow citizens have
sought to broaden the horizon of freedom and equality in America. And
our progress has never been in a straight line. The pages here should
know that. We have always been in a battle. We have always been in a
battle in this country between the highest ideals that have ever been
expressed on the page by human hand, the words in the Constitution of
the United States and the worst impulses in human history--the worst
impulses in human history--in our case: human slavery and the genocide
that was perpetrated on the Native American population that was here at
a time when those incredible words were etched into the Constitution
that are etched all over the walls of this beautiful building--a
building, by the way, that itself, I say to the pages that are here,
was built by enslaved human beings. And we are in that fight today.
Today, we face a decades-long campaign that stretches back, at least,
to when Ronald Reagan was elected President. It is a battle that has
been mostly invisible until recently to the American people, even
though it has transformed American life. While that campaign had many
objectives over its 40 or 50 years or so--those four decades--one of
those objectives was to confirm a majority of Justices on the Supreme
Court who subscribed to a radical constitutional interpretation called
originalism, a legal document that was invented in the 1970s.
My colleague from Louisiana is here today. He is a distinguished
lawyer. He might disagree with some things that I would say, but I was
there at the origin of originalism. I was a lawyer trained a decade or
so after this was something that was perpetrated by the Federalist
Society and Anthony Scalia and the law-of-economics guys and Mark
Feldstein and all these folks, as part of what they were trying to do
with the Reagan revolution. And a huge part of that was originalism. It
is the most amazing name. It is the most amazing name, I think, in
political history. I don't think there has been greater branding in the
history of mankind than ``originalism'' because it makes you think
immediately: That is what the Founding Fathers must have set. It is
their original intent, as if that could be divined across the decades,
across the centuries, or across the ages, as if they even agreed with
each other.
You don't have to go to a musical like ``Hamilton'' to see the
disagreements that these people had with one another. That is the
beauty of the founding of our Republic, which is to see the
disagreements that they had with each other and the way they sorted
through them and the compromises they made as a result of this
disagreement--some of them, American tragedies that we live with to
this day.
But they called it original. I just want the pages to know this and
the law students that are out there today that might want to dispute
this to just look up the history. There is a beginning of this. There
is a beginning of this, and it does not start with John Marshall. It
does not start with George Washington or Thomas Jefferson, who
himself--Jefferson would be absolutely shocked to believe that there
are people in the 21st century who think that we should be dictated to
by the hand of the 18th century or the 17th century. There should be a
revolution even less than in every generation.
If you had told me--I mean, we all knew about originalism when I was
in law school. We certainly did. I did. We had professors who
subscribed to it. Certainly, there are political people who subscribe
to it. But if you had told me when I was in law school that I would
live to see the day when a majority of the U.S. Supreme Court would
subscribe to the originalist position of the Federalist Society, I
would have said: That is not believable. That is preposterous.
I am not saying there wouldn't be people who wouldn't have
fundamental constitutional disagreements with me on all kinds of
things, but the idea that you would have a Court that would say
originalism is where it is at? But that is what has happened, and it
has been a 40-year campaign to do it.
I actually had a moment on the floor of this Senate once when I
congratulated the leader of the Republican Party for having achieved
his dream, having achieved his vision. I wasn't congratulating him
because I agreed with him or that I felt positive about what he had
done, but he had set out to carry that water, and he did it decade
after decade after decade.
I said earlier that this wasn't really noticed by the American
people, this battle. In many ways, it wasn't until 8 months ago. Eight
months ago, we saw that majority take its most radical decision yet
when it overturned Roe v. Wade, stripping the American people of a
fundamental constitutional right to make their own reproductive
choices--a right that Justices appointed by Republican and Democratic
Presidents had upheld for half a century, for 50 years.
I have a colleague in this Chamber whom I love named Jon Tester, who
is from Montana. He is a farmer. He is one of the last farmers in this
place. He said to me--this was even before this happened--he said to
me: My daughter is having to fight for things her mother never had to
fight for because her grandmother won these freedoms. Her grandmother
won these rights, and she won these freedoms and these rights when Roe
v. Wade was decided half a century ago.
I read on the way home to Colorado--well, I guess in honesty, I read
the decision--I am sure my friend from Louisiana read it earlier, too,
when it got leaked by the Supreme Court somehow--something that should
have never happened--something that should have never happened. That is
when I first read Justice Alito's opinion. I had a chance, again, to
read it on the plane back to Colorado, and I was hoping that it would
be different because the opinion that I had first read as a draft
opinion just dripped--dripped--with a cavalier dismissal of the right
that it had destroyed. And when I reread it on the airplane, that is
what I saw again.
Justice Alito's opinion doesn't even have the courage to grapple with
the fundamental nature of the right it was stripping the American
people of. It didn't contend with the simplest questions like what it
would mean for millions of Americans, including for millions of
American women like my three daughters.
Justices Breyer, Kagan, and Sotomayor expressed this in their
dissent. They wrote:
[The majority opinion lacked] any serious discussion of how
its ruling will affect women. . . . It reveals how little it
knows or cares about women's lives or about the suffering its
decision will cause.
That is a quote of the dissent in that opinion.
Instead of grappling with the consequences of his ruling--which would
have been, I am sure, painful even for Justice Alito to deal with, just
as it is for women all over this country and their families to deal
with the aftermath of this decision every single day since it has been
rendered--Justice
[[Page S696]]
Alito essentially wrote that if it wasn't a right in 1868, it is not a
right today.
I mean, you have to give him credit. That is originalism, although he
is not going back to the Constitution; he is going back to the 14th
Amendment. If it wasn't a right in 1868, it is not a right today.
We ratified the 14th Amendment in 1868. That is the depth of the
analysis in that opinion, which, if you were guided only by originalist
ideology, I suppose that would be what you would say. The dissenting
Justice pointed out that Justice Alito completely ignored that the men
who ratified the 14th Amendment in 1868--and all of them, obviously,
were men--did not perceive women as equals, did not recognize women's
rights.
Quoting them now in the dissent:
When the majority says we must read our foundational
charter as viewed at the time of ratification . . . it
consigns women to second-class citizenship.
Of course it does. Women had no right to vote. Black Americans had no
right to vote. The dissent continued:
Because laws in 1868 deprived women of any control over
their bodies, the majority approves States doing so today.
Because those laws prevented women from charting the course
of their own lives, the majority says States can do the same
again.
And that is exactly what we have seen with one State after another
treating Dobbs as a green light to obliterate access to reproductive
care for millions of American women and families. Many of us have
spoken about how the ruling has harmed the privacy, the health, the
freedom of our fellow Americans, and all of those are important.
Let me say also, this is a difficult issue in my State. I want the
Senator from Alabama to know that and everybody to know that. It is a
difficult issue for all of the families across America. It is difficult
for anybody who has been through this. And I am certainly not cavalier
about how difficult this decision is and the fact that different people
have different points of view, different people have different
religious perspectives, different people come from different parts of
the country.
I thought about these things a lot over the years, and my conclusion
is that it is best to leave this decision in the hands of a woman and
her--well, whomever she chooses to consult--her doctor, her family.
That is my opinion. I respect the opinion of other people who disagree
about that. I realize that this is a heartfelt decision.
But there is a reason why people have been out on this floor and
other places talking about the effect on freedom, the effect on the
right to privacy, the effect on the health of our fellow citizens
because it has an unbelievable effect on all of those dimensions.
But I don't think we have focused nearly enough on how the ruling
will harm our national security, and that is what brings us here today.
That is what brings us here today at this unprecedented moment, when a
Member of this body, for the first time in American history, has said:
No, I am not going to let a single person go through. I am not going to
let any of these flag officers go through because I am upset with the
policy that the DOD has pursued, that the DOD is pursuing a massive
subsidy on abortion here, the abortion travel agency that the DOD has
become. And because I don't like that--I am not accepting those
characterizations of what the DOD is becoming--but because I don't like
that, I am going to hold hostage the promotion of the flag officers at
the Department of Defense.
Over a million men and women serve in our Armed Forces, supported by
over 700,000 civilians in the Department of Defense. These are
obviously moms and dads, sons and daughters who volunteer to risk their
lives to protect ours. But when our men and women in uniform volunteer
to serve, when they heed the call and they say, ``Sign me up,'' they
don't get to decide where they serve. When our men and women in uniform
volunteer to serve, they don't get to decide where they are going to
serve; the Pentagon decides that. You can't sign up and say: Well, I
would like to be in Colorado, or, well, I would like to be in Alabama,
or I would like to be in a State where my reproductive healthcare is
going to be covered or a State where it is not.
Before Dobbs was decided, our troops had at least some assurance that
wherever the Pentagon sent them, they would have minimal access to
reproductive care as a protected constitutional right. They knew that
for 50 years--for 50 years, for 50 years--no matter where they served.
That is no longer true. The Supreme Court stripped that right away,
again, without even bothering to consider what it would mean for our
troops based in States with no access to reproductive care. Justice
Alito doesn't deal with that in his decision.
After Dobbs, one of the first calls I received was from a woman who
once served as a senior officer in the Air Force. She immediately
grasped how Dobbs is going to affect our military readiness. And that
is what this is about--our military readiness. She understood, as, I
would say, thousands of women in this country understood, how
disruptive it is to force women in uniform to travel from their duty
station to access care, to say nothing of the cost to her privacy when
every single person in her unit finds out about it, knows about it,
unlike any other medical procedure that we give people leave for, that
people can get paid travel for. The privacy issues here are seismic,
and the military readiness issues as a result are seismic, too.
Women are the fastest growing part of our military. They are about a
fifth of our total force and over one-third of our civilian workforce.
It is not hard to see why they might think twice before enlisting if
they know they are going to be stationed somewhere that doesn't respect
their reproductive freedom.
(Senator MURPHY assumed the Chair.)
The Senator from Alabama talked about how the DOD is having the worst
recruiting they have had for generations. She is right. That is true.
It is hard to see how this is going to help.
You don't have to take my word for it. A recent study from RAND
concluded that Dobbs could increase attrition, decrease readiness, and
hurt national security. And that is after the Pentagon had its worst
recruiting season, as the Senator from Alabama suggested, since the
Vietnam war.
In an attempt to deal with these issues 2 weeks ago, the Pentagon
announced three new policies, and here is what they were.
By the way, I apologize to my colleagues who are here because I know
you are here to give this other speech. I delayed for 24 hours or more,
so I am going to just continue, and I will beg your forgiveness.
But these are the three things that have brought the Senate to a
halt. These are the three things that have created an unprecedented
objection to flag officers of the Department of Defense being approved
in the common way that they have been approved in this body for 230
years.
The first of these policies authorizes travel allowances for
servicemembers to access reproductive care if it is unavailable at
their duty stations. That is important because they may not be able to
afford to travel, which is why we pay for other procedures, like LASIK
eye surgery or to remove a bunion, none of which seem to have gotten
the objection of anybody in this body.
The second allows servicemembers to take absences without leave to
access reproductive care. This recognizes, I think, the difficult
choice a woman has to make in incredibly, profoundly challenging
circumstances. LASIK surgeries aren't banned in Alabama or Connecticut.
The last policy extends the time before servicemembers have to tell
their commanding officers about a pregnancy. It gives them just a
little bit more time to deal with the shock that can come when somebody
has an unexpected pregnancy and is trying to make a decision about what
to do. This says that rather than get you in a position where you might
find yourself feeling like you can't tell your superior officer the
truth, this says take a little bit more time so you can think of it.
That is what these three provisions do, these guidelines do, these
rules do, about giving the women in uniform the time and the privacy to
decide if they want to carry a pregnancy to term or not--a decision
that anybody on this floor, no matter what they think about this,
surely can understand has become more complicated in the wake of Dobbs.
So I applaud the Secretary of Defense, Secretary Austin, for taking
[[Page S697]]
these steps to protect our soldiers, our sailors, and our marines. He
is in a difficult position. It is hard to do because, you know, I don't
think many people were expecting that this would actually happen, and
yet it has.
Instead of welcoming this leadership from the Secretary of Defense,
some of my Republican colleagues have attacked these proposals. They
call them--I am now not quoting the Senator from Alabama; I am quoting
others who have written about this. They have called them
``disgusting.'' They have called them ``heavy-handed.'' They have
called them ``disastrous.''
I could be wrong--I have certainly been wrong before--but I don't
think the American people would consider it disgusting or disastrous
that women in uniform don't have to dig into their own paycheck and use
their limited leave to seek care that is unavailable because of where
our government required them to deploy. I think fundamental fairness
would say that is a reasonable reaction to the disruption that has been
caused by the Supreme Court.
Now I am quoting the senior Senator from Alabama when I say:
The Secretary of Defense is following through with his
radical plan to facilitate thousands of abortions a year with
taxpayer dollars, so I will follow through with my plan to
hold all DOD civilian, flag, and general officer nominations
that come before the U.S. Senate.
OK. Let's just hold up here for one second. Thousands. The Senator
was down here the other day saying this is not a readiness problem
because it is only 20 abortions that DOD paid for last year. Well, I
don't know the facts of every one of those abortions. I do know the
facts of the DOD policy with respect to abortion on paying for it, and
that is in cases where there has been rape, incest, or the life of the
mother is at stake. And maybe that is what those 20 were.
But the Senator from Alabama himself said that what we are talking
about here in the context of the rule are what he calls thousands and
thousands of abortions that he is saying are subsidized by DOD because
the DOD is willing to pay for the travel of women to go from a State
that has banned abortion to a State that hasn't. I don't see how--how
could that not be a matter of readiness when you are talking about
thousands of people?
The Senator from Alabama said:
The American people want a military focused on national
defense, not facilitating a progressive political agenda.
I could not agree more--could not agree more--with the Senator from
Alabama. The American people want a military focused on national
defense, and for that reason, that is why I find it so hard to imagine
that the American people would tolerate any Senator holding up critical
national security personnel to impose their ideology.
The Senator from Alabama correctly says that abortion is illegal in
his State. I read the polling data that shows that 55 percent of
Alabamians actually support a woman's right to choose. But that is
neither here nor there. In terms of the law in Alabama, the Senator
from Alabama is right about that--abortion is banned there. In Alabama,
abortion is banned at any stage of a pregnancy. It has no exceptions
for rape or for incest.
Under Alabama law, doctors can face up to 99 years in jail if they
perform an abortion. Last month, an Alabama State legislator announced
a bill to treat abortion as murder. The State's attorney general
suggested using a chemical endangerment law--a law designed to protect
kids from methamphetamine--to prosecute a woman for taking a pill to
terminate her pregnancy. That is the law. That is the debate that is
going on in Alabama.
I recognize that Alabama has made certain decisions about this issue
that are different from the ones that Colorado has made. We were the
first State in America to decriminalize abortion in 1967. That was the
State of Colorado, a Western State, 5 years before Roe v. Wade was ever
decided.
In Colorado, we believe these decisions belong between a woman and
her family and her doctor, and we don't accept that the government
should impose itself on that private decision. And of course, that is
not just what I believe; it is not just what Colorado believes; that is
what the large majority of the American people believe. That is what
the American people believe.
I acknowledge that Alabama has made a different choice, but what I
can't accept is that its Senator would impose that choice on every
woman and family in our armed services who happened to be stationed in
his State or any State that doesn't protect access to reproductive
care, because it is not just Alabama. It is not just Alabama. Eighteen
States have banned abortion. Nine of them--nine of them--have no
exceptions for rape or incest.
Many States have only begun their war on a woman's right to choose.
Just yesterday in Florida, which is home to 22 military bases--22
bases, where men and women in the United States who signed up to fight
or to join our military have no choice about where they serve. Governor
DeSantis committed just yesterday to sign a 6-week abortion ban. He may
be unaware--I haven't talked to him about it. I don't know. He might be
unaware that one in three women doesn't even know that she is pregnant
until around 6 weeks--or maybe he does know that. I don't know which
would be worse.
Texas is posting $10,000 bounties to any resident who successfully
sues a doctor or nurse for performing an abortion after 6 weeks or even
someone who just drives their friend or relative or neighbor to have a
procedure--a procedure that for the last 50 years--until this radical,
originalist majority came into the Court--for the last 50 years, for
almost my entire lifetime, has been a constitutionally protected right
in this country.
All of us who are in this Chamber can remember how, in the aftermath
of Dobbs, State legislators all around the country wrote laws
restricting the freedom of female citizens to travel from States like
Texas or Alabama that had banned abortions to States like Colorado that
had ratified a woman's right to choose.
Now we have Senators here who aren't content to merely deprive
servicewomen of reproductive care if they are based in a State where
abortion has been banned; they want to make it even harder to travel to
another State to avail themselves of that care.
From the vantage point of my daughters, the nearly 6 million people
who live in Colorado, and the vast majority of Americans who support a
woman's right to choose, I think there is a real question here about
whose position is radical.
When the military pays for servicemen to travel from one State to
another if they need LASIK eye surgery or a sinus procedure or to
remove a bunion on their foot, is it really radical to imagine that
servicewomen should have the right to travel--to have the price of that
travel defrayed so they can get reproductive care?
That is just the debate we are having. That says nothing about why we
are actually here today, which is the vehicle that the Senator from
Alabama is using to delay the vote of every pending nominee and
promotion at the Department of Defense at a moment when we have the
biggest land war in Europe since the Second World War and China saber-
rattling in the Pacific.
If you told most Americans that a single Senator in this place was
delaying every nomination and promotion at the DOD, all for the
privilege of making it harder for servicewomen to travel for
reproductive care or take leave for that care or shorten the time a
woman has to make a choice about her reproductive health before she has
to tell her commanding officer--and those are the facts of what these
rules do. If you told Americans that is what was happening on the floor
of the Senate, I don't think they would believe it. I don't think they
would accept it. And maybe that is the reason why it has never
happened. Coloradans wouldn't accept it.
Like the Senator from Alabama, we in Colorado are honored to host a
strong military presence in our State, from the U.S. Air Force Academy
to Fort Carson, to Schriever, to Peterson, and to Buckley and Space
Command, and we are honored to protect the reproductive care for the
men and women who protect us.
In the case of Space Command, we have a live example, I am sad to
say, of how the Supreme Court's decision could harm our national
security. I will not go through the whole story today. I will spare the
Senators from Alabama and Louisiana and everybody else who is here this
painful and, as I describe it, saddest story I know.
[[Page S698]]
Here is the essential point: In the waning days of the last
administration--I think Donald Trump, President Trump, had 9 days
left--our top generals recommended Colorado as the top choice for Space
Command's permanent headquarters, but President Trump overruled them
and said it should go to Alabama. He later went on the radio and said:
They all were against me. They all said it ought to go to Colorado, but
I overruled them, and I said it should go to Alabama.
Now, look, I do not think that is how we should be making basing
decisions in this Nation. Every single person who has looked at this
Space Command issue knows what the generals recommended, and they know
they were overruled by the President of the United States for his own
political purposes. We need to make these decisions according to the
national security interests of the United States, not in the political
interests of a President.
That is why, over and over, I called on the Biden administration to
restore integrity to this process and honor the generals' original
recommendation. They should have made that decision 2 years ago after
President Trump made this decision, in the last few days of his
administration, overruling these generals, the experts who know where
Space Command should be.
But my specific issue with Space Command has led me to a much broader
concern as I have studied this issue. In the wake of Dobbs, we
literally have no policy to account for the harm of moving a base from
a State that protects access to reproductive care, like Colorado, to a
State that does not, like Alabama. We are now living in a world where
the Pentagon makes basing decisions according to criteria like the
number of parking spaces or the quality of schools or the availability
of childcare. All of those are relevant decisions, important decisions,
questions to ask. But one question they are not asking is about basic
reproductive healthcare in a country where it has been legal, where it
has been a fundamental constitutional right for the last 50 years, that
the majority of the American people and the majority of the people in
Alabama supports.
They are not asking whether a State prosecutes women who seek an
abortion or imprisons doctors for 99 years for performing abortions or
turns residents into bounty hunters against women. It is ridiculous
that they would be counting parking spaces and not reflecting on what
this world looks like for the people in our armed services, especially
women and their families, post Dobbs. I can't agree that the Pentagon
should care about how much it costs to house a family when it makes
basing decisions but not whether the family has the freedom to plan its
future.
The Supreme Court, because of its ideology, may not have had the
courage to grapple with the consequences of its ruling on our men and
women in uniform and on our national security, but that doesn't give us
the ability or give the Department of Defense reason to shirk its
responsibility. We have to stand on the side of expanding rights and
expanding opportunity for Americans, not restricting them.
So, today, I am calling on the Pentagon to codify the policies it
announced last month and develop a new framework that accounts for
access to reproductive care in its basing and its personnel decisions.
I call upon my colleague from Alabama to lift his holds so the Senate
can advance these national security personnel, because if our men and
women in uniform can spend every day defending our freedom, surely, we
can defend theirs.
I yield the floor.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. TUBERVILLE. Mr. President, I think we got a little offtrack here.
In getting back to the objection a little bit, I don't think there is
anybody here who said it has anything to do with doing away with
abortion. The Department of Defense has had, for years, a policy about
abortion in the military. My problem is, they have changed it. And the
last time I looked, the people who make the laws are not on the Supreme
Court and not in the Pentagon--it is this place right here. We make the
laws. They have done abortions for years in the military for rape,
incest, and harm to the mom--through health. They want to change this
to where a third party has said thousands and thousands would start
getting abortions and not just military personnel but also their
dependents.
This is about who is paying for this. The American taxpayers
shouldn't be told they have to pay for abortions. That is not the way
it is written. The military should not be paying for abortions. So, as
we got offtrack there a little bit about what we were talking about, we
are talking about a new policy based not on facts but on conjecture
from the Department of Defense that they are going to do it on their
own without coming through this body.
Now a little bit about SPACECOM, as the good Senator from Colorado
brought up.
You know, it is unfortunate that Members from States that weren't
really even running for SPACECOM headquarters are trying to tack on
completely unrelated political issues to a fact-based decision.
SPACECOM's and the DOD's abortion policies have nothing to do with each
other. I don't recall abortion being part of the Air Force's selection
process a couple of years ago when they called me and said: Coach, we
are going to put SPACECOM in Huntsville, AL. The decision to put
SPACECOM in Huntsville was based on facts and facts alone and evidence
of what was best for the military and for our country and our national
defense. That is the reason they chose it. That decision was then
reconfirmed by multiple independent studies over the last couple of
years.
The DOD's inspector general and the GAO confirmed that Huntsville was
the No. 1 location for SPACECOM based on things like workforce,
existing infrastructure, education, and the cost of living. Redstone
Arsenal in Huntsville is, far and away, the best place for SPACECOM.
This is not my opinion. It is fact. It is fact from several studies.
Attempts to change that with progressive talking points are shameful
and purely political. It is really a shame.
I yield the floor.
The PRESIDING OFFICER. The Senator from Colorado.
Mr. BENNET. Mr. President, first of all, I would say, with respect to
my colleague from Alabama, I appreciate his arguments here.
He first says that he clearly doesn't have the ability to do this;
that, somehow, this is up to Congress to pass a law to make sure that
servicemembers who need to travel for reproductive healthcare have it
paid for them, not the abortion, by the way, which is what the Senator
from Alabama said--that is inaccurate--but the travel is his argument.
The reality is that the DOD, it is clear, can pay for servicemembers'
travel for LASIK eye surgery, but current law doesn't say that. It can
pay to have a bunion removed, but current law doesn't say that either.
All of that has happened without complaint from this body because it
makes sense that the DOD has the discretion to provide the care it
believes its servicemembers require. And they are making those
regulations as part of the law that they have been granted from our
branch of government to make sure they care for our servicemembers. I
think that is point 1.
Point 2, the Senator from Alabama talked about, you know, this being
about who is paying for abortion. This is not about who is paying for
abortion. This is about those three changes to the law I mentioned
earlier. I won't go into them because I know my colleagues are going to
lose their minds over my staying here. But those are the three things.
One is travel. One is, you know, being able to take a little bit of a
longer time to talk to your supervisor, and those kinds of things. So
it is not about paying for abortions.
Although, I will say that the Senator from Alabama has another piece
of legislation that he has introduced that objects not to the DOD but
to the VA. He says this is radical. The VA has said: We have noticed
that our policies that allow us to pay for abortion when the life of
the mother is at stake don't also include exceptions for rape and
incest, and we are going to add those exceptions for rape and incest.
The Senator from Alabama has brought that to the floor and said he
wants to have a vote.
I want to have a vote on that too. I can't wait to see how every
single Senator in this Chamber stands on the Senator from Alabama's
position that
[[Page S699]]
having the VA add cases of rape and incest to the exception to allow it
to pay for abortion is not somehow abortion-on-demand or abortion--as
some people say, abortion after people have already had the child but
is simply adding two things that probably 80 percent of the American
people agree with.
On the last point, on Space Command's being decided on the facts, let
me tell you something. Here are the facts as I understand them: The
generals said they thought Space Command should stay in Colorado. The
generals and the Secretary of the Air Force went to the White House
with the recommendation of Colorado. The President of the United
States, Donald Trump, overturned that recommendation on their advice.
He went on the radio--the Rick & Bubba Show, I think it is called--in
Alabama, where he said: Everybody was for Colorado, and everybody was
against me on Alabama, but I made the decision to send it to Alabama.
Those are the facts on Space Command. And it is not off-topic. You
know, it is not off-topic. That was a political decision that should
never have been made. If the politics had not entered into that
decision, the generals would have gotten their way, and Space Command
would be in Colorado, and we wouldn't be having the conversation we are
having today because no one in Colorado would be having their abortion
rights stripped from them and being sent to another State that has
banned abortion, where doctors can go to jail for 99 years because they
perform an abortion, where laws that are meant to bring down folks who
traffic in methamphetamine are being threatened to be used against
women who use a chemical version of abortion.
This is not a complaint I have with the Senator from Alabama. This is
my complaint with the White House. You should have dealt with this 2
years ago. And now I hope this administration will deal with, in the
wake of Dobbs, this daily gray area that is tearing at the emotions and
the well-being of members of our Armed Forces, who don't get to decide
where they are stationed.
Alabama can have whatever law it wants. That is not up for me to
decide. I respect that there are differences in this country, but
people in this body have a duty and a responsibility to the men and
women of the armed services, and we have a duty and responsibility to
fulfill our duty and responsibility, which is not to hold up the
promotion of flag officers at the Department of Defense because I have
a position that is different from what others may think. That is what I
think.
I yield to the Senator from Louisiana.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. KENNEDY. Mr. President, I want to thank my colleagues from
Colorado and Alabama for a very interesting and robust debate, but I
would like to change the subject slightly.
Germany
Mr. President, Germany and America are dear friends, and friends tell
each other the truth.
On the first anniversary of Russia's invasion of Ukraine, German
Chancellor Olaf Scholz said that Germany plans to continue supporting
Ukraine ``as strongly and as long [as possible and] as necessary.''
I regret to observe that based on where we are today, that would
certainly be a change of pace. By all measures, Germany's so-called
strong support is more lamb than lion. The numbers don't lie. Germany's
current spending to help Ukraine by share of gross domestic product--if
you compare the spending of one country to another, it is not fair to
use raw numbers because some countries are wealthier than others. So if
you look at the current spending by our friends in Germany to help
Ukraine, by share of gross domestic product, Germany wouldn't even be
in the top 10 nations in terms of financial support for Ukraine. And
those are just the numbers.
Estonia, Latvia, Lithuania, Poland, and the United Kingdom have all
outspent Germany by share of gross domestic product. Our neighbors in
Canada have outspent Germany, too, both in raw dollars and by share of
GDP. And the same is certainly true of the American people. The
American people have spent roughly double--double--what our friends in
Germany have spent in Ukraine, fighting for freedom, by share of
domestic gross product.
With an entire ocean and most of Europe between America and Ukraine,
Americans are wondering why the United States and Canada have dug
deeper to deter Russian aggression than Germany has. That is a fair
question.
Germany, as we all know--and I am very proud of them for this--is the
economic leader of Europe. Germany has the fourth largest economy in
the world. Germany has the fourth largest economy in the world. But the
fact is--friends tell friends the truth--that Germany is failing to
pull its weight in Ukraine. And if we look back on the past year, it is
very clear that Germany's support of Ukraine has been heavy on words
and short on action. And I hate to have to say that.
Somehow, Germany's leadership has lost the urgency it had when Putin
began his march into Ukraine. At that time, if we think back a year,
Germany could not have been in a more vulnerable position. The
Bundeswehr, Germany's armed forces, were dilapidated.
At the end of the Cold War, Germany had nearly 500,000 soldiers.
Roughly 3 percent of its spending by GDP was allocated to Germany's
defense. When Putin invaded Ukraine, Germany's military was roughly
one-third of that size, about 183,000 soldiers, and spending on defense
by our friends in Germany had plummeted to 1.3 percent of gross
domestic product.
Its airplanes couldn't fly. Its tanks were unusable. Its bloated
military bureaucracy appeared to be the only thing the German
Government properly maintained.
Were it not for the United States of America, Putin would be in
Paris. But we stepped up, and so did others. God bless them.
It wasn't just Germany's armed forces that were unprepared for
Putin's invasion. Germany's energy grid relied on Russian natural gas,
as we both know, Mr. President. For several decades--this goes back
many years--Germany became increasingly reliant on Russia's energy.
Germany appeared to believe, foolishly--``naively,'' maybe, is a better
word--that its energy trade with Putin would yield friendship. Instead,
it yielded dependency.
In this trade, these weren't some cupcakes that friends were
exchanging as neighbors. What we are talking about here is the very
security and dependability of the fourth largest economy in the history
of the world--or, rather, in the current history of the world--and its
power grid. Germany placed its power grid in Russia's hands, and Putin
knew that. Putin knew that Germany's energy dependency would make it a
lot easier for him to march into Ukraine, not harder. Everybody knew
it.
Now, with winter coming, I want to give our friends in Germany a lot
of credit. Germany did have some urgency in correcting its energy.
Germany built LNG terminals to expand its gas reserves. The United
States sold energy to our friends in Germany. We were happy to do it.
Germany expanded its renewable energy efforts. It still has not
embraced nuclear energy, as I hope it will, but Germany did expand its
renewable energy efforts. It has now as a goal reaching 80 percent
renewable by 2030, and that is good.
But there is just one problem. Even that effort could leave Germany
exposed to reliance on an adversary because, according to a report from
the International Energy Agency, China is on track to be responsible
for 95 percent of the global production of solar panels. China
currently makes up 80 percent of the world's supply. If it is not
careful, Germany may realize the new boss is the same as the old boss.
But that same urgency that our friends in Germany showed to address
the power grid is nowhere to be found on the military front--nowhere.
In the wake of Putin's rapid invasion, Chancellor Scholz made big
promises. He called it a turning point in German history. He said
defense spending is going to increase to 2 percent. He said he was
going to create an extra military fund valued at $107 billion. He said
his military was going to increase by 30,000 women and men by 2025. I
regret that Germany's urgency seems to have disappeared.
Military spending has barely nudged above 1.5 percent, still short of
the 2
[[Page S700]]
percent commitment that Germany made to NATO.
Germany did purchase 35 American F-35 fighter jets. Do you know when
they are going to be ready? 2027.
Experts much smarter than me doubt that Germany will reach its 30,000
promised new troops by the date that it said it would.
The truth is--the cold, hard, unvarnished truth--since the invasion
began, Germany has been slow to provide weapons to Ukraine. Friends
tell friends the truth. Germany only agreed to send its Leopard 2 tanks
after weeks of haggling with President Biden, during which Chancellor
Scholz refused to send the tanks--his own tanks--unless the United
States also committed to sending its M1 Abrams, after all we had done
and will continue to do. Even when offering up so little, the German
Chancellor demanded the United States of America do more.
One year ago, as Putin's invasion commenced, Chancellor Scholz vowed
to ``invest much more in the security of our country'' and ``guarantee
a secure energy supply.''
On the energy front, Putin turned off the gas, and our friends in
Germany, demonstrating extraordinary ingenuity, managed to pivot. But
on the defense front, Germany has failed to show any serious steps to
grow its military. The fourth largest economy in the world has fallen
short in its support for Ukraine.
Promises to recruit more troops, spend more money, and reinvigorate
its Bundeswehr--they are nice, but those are only words. Germany seems
to acknowledge that the barbarians are at the gate. I don't know how it
could be any clearer. So why aren't our friends in Germany willing to
act? I just don't understand it.
In every way--in every way--Putin poses a larger threat to Germany
than he does to the United States. That is saying a lot because Putin
poses a threat to the United States. But he is a much larger threat to
our friends in Germany. Yet the United States of America, the people of
this country, have outspent Germany sevenfold in helping our friends in
Ukraine. It is not right.
Mr. President, you and I both know that what you do--not what you
say, what you do--is what you believe, and everything else is just
cottage cheese.
Talk is cheap, and, in this case, it is literally cheaper than
funding the Bundeswehr. But Germany's natural gas was also cheap, and
that didn't end very well.
If Germany wants to be a leader in Europe--and, gosh, I hope they
do--it needs to lead. That starts with footing the bill for its own
defense--we are willing to share that burden, but the American people
can't do it alone--and it starts with helping Ukraine.
We have wasted a year. It is long past time for our friends in
Germany to step up and meet the defense promises it made when Putin
invaded.
I end as I began: Germany and America are dear, dear friends, and
friends tell friends the truth.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wisconsin.
Women's Health Protection Act
Ms. BALDWIN. Madam President, across the country, people are
experiencing the ramifications and women are feeling the pain of Roe v.
Wade being overturned and having lost fundamental rights and freedoms
overnight.
In my home State of Wisconsin, women are living with dire, real-life
consequences. Two constituents, Erica and Scott, have been trying to
get pregnant for years--something many Americans can relate to--and,
finally, they were successful.
But 13 weeks into her pregnancy, Erica learned the heartbreaking news
that the fetus had a rare condition that caused the skull not to fully
develop and the fetus could not survive--an absolute nightmare for
expecting parents.
Instead of being able to get immediate care and mourn their loss,
Erica and Scott had to figure out the logistics of how to get the
healthcare they needed--an abortion--out of State. Let me say that
again. Expecting parents learned that they lost the baby they had tried
years to conceive, and instead of being able to mourn their loss, they
had to navigate a complicated legal and medical landscape and play
travel agent.
They had a challenge even to get somebody on the phone and struggled
to find an appointment sooner than 2 to 3 weeks out. In the end, Erica
was forced to stay pregnant for a week with a fetus that she knew could
not survive.
She said:
Every day I was still pregnant was just an ongoing reminder
of our loss.
Sadly, Erica is not alone. One Wisconsin woman bled for more than 10
days from an incomplete miscarriage after emergency room staff said
they would not treat her. Another, whose water broke at 17 weeks, was
sent home without the abortion care she needed, only to return 2 days
later with a life-threatening infection.
All of this is because Wisconsinites have really been sent back to
the year 1849. What do I mean by that? In 1849, Wisconsin's 1-year-old
legislature banned abortion, making it a felony to provide abortion
care in almost all circumstances. At the time of the vote, exactly zero
women were present to debate that misguided law, let alone vote for or
against it. In fact, it would be 70 years before women even had the
right to vote.
Yet, 174 years later, an activist Supreme Court ripped away the
constitutional rights of millions of Americans, and, last year, this
abortion ban in Wisconsin that predates the Civil War went back into
effect, denying hundreds of thousands of Wisconsinites the right and
freedom to control their bodies.
This archaic law has doctors and medical professionals afraid to
administer the lifesaving care they are trained to provide for fear
that they might be prosecuted. In fact, lawyers are now deciding what
care can and cannot be provided. This law is leaving women with no good
options and wondering how, in 2023, they could have found themselves in
a position with fewer rights than their mothers and their grandmothers.
Women who have the means and the ability can seek care out of State,
sometimes traveling hundreds of miles and often being forced to take
off time from work. Some others are being forced to self-administer
medication abortions without medical supervision. Those who cannot
afford the cost of travel and lodging, childcare, or time off work--a
reality for so many Americans, especially women of color and those in
rural areas--are being forced to carry pregnancies that they did not
choose.
Wisconsinites are not alone, unfortunately. Across the country, 14
other States have already implemented near total bans on abortion,
leaving one in three American women without access to a safe and legal
abortion.
And anti-choice extremists in States across the country are
continuing their crusade. They are continuing to try to take away
bodily autonomy by pushing bills that include medically unnecessary
restrictions that limit access to abortion care. This all flies in the
face of an overwhelming majority of Americans who support women having
control over their own bodies and their futures and their families.
That is why I, alongside a record number of my colleagues, am proud
to be leading the introduction of the Women's Health Protection Act.
This legislation would protect the right to perform and access abortion
care, free from arbitrary waiting periods, biased and scientifically
inaccurate counseling requirements, mandatory ultrasounds, and absolute
bans on abortion earlier in pregnancy.
Our legislation makes sure that the life and health of the mother are
paramount, just as it was prior to Roe being struck down by the U.S.
Supreme Court and as the American people overwhelmingly support.
The Women's Health Protection Act would return the life-altering
decision to have a baby to women and their doctors, without
interference from politicians.
For Wisconsinites like Erica, whose rights and freedoms have been
stripped away, this bill is not just a political exercise; it is a
necessary response to a very real crisis.
Having the freedom to control your healthcare, your body, and your
future, free from government interference, is a fundamental right, but
in Wisconsin, it is no longer a reality. It is time to pass the Women's
Health Protection Act.
I yield the floor.
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The PRESIDING OFFICER (Ms. Cortez Masto). The Senator from Minnesota.
Ms. KLOBUCHAR. Madam President, I rise today, on International
Women's Day, in support of the Women's Health Protection Act. I would
like to thank Senator Baldwin for her leadership, from my neighboring
State of Wisconsin; Senator Blumenthal for his longtime leadership of
this bill; as well as Senator Murray and so many others, including
yourself, Madam President, for your work on this. I also wanted to
mention Erin Chapman, of our Judiciary team, who is here with me, who
has worked on this as well, and my colleague Tina Smith, who is the
only Senator to have worked at Planned Parenthood in the U.S. Senate.
Last year, the Supreme Court issued a ruling shredding nearly five
decades of precedent protecting a women's right to make her own
healthcare decisions, against the wishes of 70 to 80 percent of
Americans who believe this is a decision that should be made between a
woman, her family, and her doctor.
In this past year, we heard that majority loud and clear in States
where access to reproductive healthcare was directly on the ballot.
From Montana and Michigan to Kentucky and Kansas, voters turned out to
protect a woman's right to choose. It was almost as if those who
authored some of these resolutions--like in Kansas--that tried to limit
a woman's right forgot that women were going to show up and vote; and
in Kansas they did, in record numbers, right in the middle of the
prairie.
This doesn't come down to red States or blue States or purple States.
As you know, this is about freedom. As voters across the country have
made clear, it is unacceptable for women to be left to the mercy of a
patchwork of State laws governing their ability to access reproductive
care, leaving them, as Senator Baldwin just pointed out, with fewer
rights than their moms and grandmas. That is right; my daughter has
fewer rights right now than her mom and her grandma did.
And you think about what has been happening. You think about the
heartbreaking story of that 10-year-old girl in Ohio who had to go to
Indiana after being a victim of rape and had to go to Indiana just to
get her healthcare. I remember when that story came out. People,
including news organizations--some of them said it was a hoax, and then
they had to go back. They had to go back and apologize to that little
girl because it wasn't a hoax. It really happened. And those are the
stories we are, sadly, seeing across the country.
So what can we do in the face of this threat to women's health and
freedom? All three branches of government have a responsibility to
protect people's rights. And if one branch doesn't do its job, then the
other branch is supposed to step in. That is why we are introducing
this bill. Congress must act to codify the principles of Roe v. Wade
into law, and we have the opportunity and the obligation to do that
with the Women's Health Protection Act.
We have updated this bill to make clear Congress's intent to restore
the rights the Supreme Court took away in the Dobbs decision. The bill
also protects a woman's right to travel to another State to receive
reproductive healthcare, something that I know you, Madam President,
have been leading on during this past year.
All of this comes down to one question, and I will end with this:
Who--who--should get to make these personal decisions for women: a
woman herself or politicians?
I think the answer is clear. I do not think that women making these
decisions want to see our Republican colleagues in the waiting room.
That is why I urge every Senator to get behind the majority of
Americans who support a woman's right to choose and support the Women's
Health Protection Act.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. WELCH. Madam President, I rise today to express my strong support
for the Women's Health Protection Act, to restore abortion access to
women all across our country.
Now, I first want to address what the Court did in Dobbs, a truly
astonishing and tragic decision. What the Court did is, for the first
time, take away a constitutional right--in this case, a right that
women had enjoyed to make their own decisions about reproductive
choice, something that the Court had enshrined in Roe v. Wade.
The whole history of making a more perfect Union in this country has
been about expanding that we all are created equal, that we all have
rights under the law that will be protected. And the Supreme Court, in
the Dobbs decision, reversed that, where the Court played this
destructive role of taking away the constitutional right that our women
in this country have enjoyed.
The reasoning in that case, referred to by Justice Thomas, suggested
that if there wasn't a right that was enumerated very specifically in
the Constitution at the time it was written, then that right cannot be
protected. It really implies, according to that reasoning, that
interracial marriage could be struck down, that contraception should be
struck down.
So the decision that the Court made in Dobbs and the reasoning in
Dobbs is a real threat to the privacy rights that each and every
American enjoys to make decisions about their own autonomy.
We have reacted around the country, with some States stepping up to
protect abortion rights and other States enacting significant abortion
restrictions. So what has happened with the Court decision in Dobbs is
that we have created this immense division. For 50 years, all the women
in this country had a right to make their decision and respect the
decision that another woman made. That might be to terminate a
pregnancy; it might be to take that pregnancy to term. But that was an
individual decision that the individual woman had to make herself, in
consultation with whomever it is she chose to consult.
It created the opportunity for unity and for acceptance by respecting
the individual nature of that decision and the individual right of that
person affected to make that decision, not to have a decision made, as
Senator Klobuchar mentioned, by politicians.
Now, in Vermont, we voted across the State to constitutionally
protect the right of a woman to make her own decision. So we enjoy, in
Vermont, on a bipartisan basis--something that was supported by our
Republican Governor as well as all our constitutional officers--we have
protected the right of a woman to choose.
When I talk to Vermont women, as happy as they are that Vermont
stepped up to protect their right to make their decision, they believe,
as I do, that any woman's right should not be based on the ZIP Code
they live in. It should be universal.
The Women's Health Protection Act makes it the right of every woman
in every ZIP Code to make her own personal decision. By the way, that
creates unity because it is not telling a person what decision they
should make; it is accepting their right to make the decision and
respecting the decision they make.
Now, women have been the leaders in this--and rightly so--because the
women in this country have been most affected, but men have a very big
responsibility to stand up in solidarity with our women, who have a
right to protect their own bodily autonomy and to make their decision.
What we have seen with this patchwork of laws is not just confusion
but peril and anxiety. It is peril and anxiety for a woman who may run
afoul of that State law made by politicians. It has also created
enormous uncertainty and anxiety for our providers who have to navigate
whether the decision they have to make about providing a service is
legal, and whatever decision they make can be challenged by some
citizen seeking a bounty to hold that person to account for essentially
stepping forward and providing services to a woman that they are
entitled to receive.
So the Women's Health Protection Act is absolutely essential--both to
protect the individual right of that woman to make her own decision,
and it is also essential for us to create unity rather than division on
something that is so essential, so personal, and so important.
So, along with my colleagues who are speaking on behalf of this
legislation today, I urge all of our colleagues in the Senate to
support this bill and protect and preserve the right of women in this
country to make the decision that they deem best for them.
[[Page S702]]
I yield the floor.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Madam President, I join my colleagues this afternoon
who come to the floor and speak about the introduction of the Women's
Health Protection Act and codifying access to reproductive freedom for
women in America.
It has been a little over 8 months since a radical Supreme Court
overturned the 50-year-old landmark ruling guaranteeing the right to
privacy and the right to obtain an abortion.
I want to take this time to highlight the impacts that this decision
has had, not just on our country but even in my State, in the State of
Washington.
We in Washington voted in 1991 to codify abortion as a legal right.
We did that by a vote of the people. But we still need to worry about
this issue because the problems that are causing the erosion of
abortion rights in some parts of the United States are even causing
hardship in our State.
Abortion clinics in Washington are facing rising caseloads and rising
costs. Planned Parenthood in Spokane reported that in January, their
clinics saw a 75-percent increase in the number of Idaho patients who
were traveling across the line to get abortions. Physicians are rightly
concerned that they could be arrested or sued for providing
reproductive care to patients from abortion-restrictive States.
Pregnant women have it worst of all. If they go to a reproductive
clinic for whatever reason, they can face a gauntlet of protesters.
Yes, there are protesters right outside the Planned Parenthood clinic
in Spokane. They are trying to set up fake clinics with fake names to
divert women into their facilities instead of the actual care that they
need.
I will note that it wasn't that long ago--just a few years ago--that
the Planned Parenthood clinic was bombed in Whitman County, just south
of Spokane. So these issues are a problem.
We even have had healthcare officials tell us that Washingtonians
trying to get access to the morning-after pill had to go to four
different pharmacies, only to find that it was not available. This drug
has been an FDA-approved drug for decades, but all of a sudden, in
Washington, it is not available.
Since this ruling was released last summer, 24 States have enacted
near-total bans or stringent restrictions on the ability to get an
abortion. People are still getting pregnant, and they are coming to
Washington to exercise that opportunity, and we want to make sure we
have a healthcare system that can deliver.
You know, employers are starting to avoid these abortion-restrictive
States. I don't know if someone has thought through this issue. But I
recently spoke to the cofounder of a very successful aviation company
that just had one of the best demonstrations of the future of aviation.
They are building a new facility, and he told me point blank he won't
even consider locating in a State that doesn't provide reproductive
freedom. He said he couldn't imagine having to ask an employee, who was
enjoying that right in the State they live in now, to transfer to a
State where that freedom was lost. He said it is absurd.
We know that people are aggressively trying to restrict access to
abortion. They are aggressively pursuing even more anti-choice
policies, such as restricting the use of the FDA-approved abortion drug
even though 5.6 million patients in the United States have used that
drug successfully since the year 2000.
It is plain to see that they are not going to stop, and that is why
we are introducing this legislation and continuing the fight and
awareness for reproductive health for women in the United States of
America. We must put an end to these practices by passing the Women's
Health Protection Act, which would make this a decision left up to
women and their families and allow the future to be decided by them and
not the interference of our government.
Madam President, I know you know--because you have been a law
enforcement officer in the State you represent--you know the challenges
of having individuals' privacies protected. This now is up to us to
make sure we are protecting these rights and protecting women's access
to reproductive freedom.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mrs. SHAHEEN. Madam President, I am pleased to be on the floor today
with my colleagues expressing my strong support for protecting women's
access to basic healthcare and reproductive rights.
Since the Supreme Court's decision in Dobbs, we have seen our worst
fears realized. A wave of abortion bans have been passed by Republican
State legislatures and signed by Republican Governors. These bans put
at risk, as we have heard so eloquently from those who have spoken, the
health of women across this country.
We have to look no further than my home State of New Hampshire, where
our Republican Governor has ensured that women are banned from
accessing an abortion after 24 weeks. Our doctors face jail time for
helping women access an abortion. Our family planning providers can't
make ends meet because elected officials continually block access to
Federal and State funding that is vital to ensuring that vulnerable
populations have access to care. That care includes basic reproductive
education, breast cancer screenings, and sexually transmitted disease
treatment--all of which are at risk because those family planning
clinics are in financial difficulty because the Republican legislature
and the Republican Governor continue to deny them funding.
Just today, Republican representatives in New Hampshire's State
Legislature are considering new abortion bans--bans that are so early
that most women don't even know they are pregnant. These bans don't
include exceptions even for rape or incest.
The Women's Health Protection Act ensures that a woman's access to
care is not unnecessarily restricted by where she lives. I want to
thank Senators Baldwin and Blumenthal, Senator Murray, and so many
others who have been such strong supporters over the years for their
leadership in drafting this legislation.
I know you know, Madam President, and certainly all women know that
one of the most important personal decisions a woman faces in her
lifetime is if and when to start a family. That decision should be made
by a woman with her family, with her medical provider, and with
whomever else she wants to include in that decision, but it should not
be made for her by her State representative, by her Governor, by a
Member of Congress, by her President, and certainly not by any
unelected jurist. That decision belongs to a woman and a woman alone.
It is time for us to restore that right to women all across this
country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. BLUMENTHAL. Madam President, I am proud but I am also saddened
and angry to be here introducing a measure that should never be
necessary in the United States of America.
The Women's Health Protection Act will, yes, offer protection to
women who need and deserve it, but it is only because of a hideously
misguided decision of the U.S. Supreme Court that we are here today.
When I first introduced this measure 10 years ago, the thought of
overruling Roe v. Wade was unimaginable. It was a figment of fear
dismissed by realistic scholars and advocates. It was unthinkable. And
here we are.
The U.S. Supreme Court has handed down a death sentence to women
across America. It has overturned 50 years of precedent, which I know
well because I was a law clerk to the U.S. Supreme Court Justice who
wrote that opinion in the year afterward.
We thought then--and so did most people in America--we have dealt
with this issue, we have disposed of it, and it is done in terms of
juris prudence. But this measure is now necessary to protect the rights
of all people to seek the healthcare they need and deserve.
I will tell you why I believe this measure should be passed. I trust
women. I trust women to make decisions about their own future. I trust
women more than I do elected officials or judges or government
bureaucrats to decide what is right for them individually.
This measure is necessary to stop all of the bans, prohibitions, and
medically unnecessary restrictions that
[[Page S703]]
have no purpose except to cut off care and stigmatize women seeking
healthcare services and the dedicated healthcare providers who serve
them.
Now, I have a message to the men of America. This fight is yours,
too. This isn't a women's issue. This is an American issue. It is a
family issue. And if you think you are spared the conscience and
conviction that should require you to stand up and speak out, you are
wrong. This issue is yours, too.
We have seen horror stories just in the month since Dobbs. You heard
one from my colleague Senator Baldwin. I have a similar one--Amanda
Zurawski in Texas, who sadly learned that her baby would not survive,
but doctors would not treat her as she might have done in other States.
They told her to go home. She almost died of sepsis. They brought her
back to the hospital and rushed her to intensive care.
Her husband Josh learned that, as a result, they might never have
children. He said:
Amanda almost died. That's not pro-life. Amanda will have
challenges having more kids. That is not pro-life. He called
it ``barbaric.'' That is the Texas law--barbaric, inhuman.
Protecting access to abortion through the Women's Health Protection
Act would not only help people like Amanda--women--it would help
families. It would help countless people who simply choose access to
abortion care because it is right for them and for their families, for
other children who are already part of those families. A woman simply
should not be forced to carry a pregnancy to term because some
government bureaucrat decides she should.
There is a kind of dirty little secret here, and that is that Black,
Latina, indigenous, and other people of color have always faced
inexcusable inequities in healthcare access and outcomes due to
longstanding systemic discrimination and racism and oppression. The
result of it is the practical effect of these abortion restrictions and
needless requirements fall disproportionately on them and communities
of color.
This point is so important because it goes to the heart of the
Women's Health Protection Act. At its core, this bill is about justice.
It is about reproductive justice. It was a term that was conceptualized
in 1994 by a group of Black women who rightfully saw a national need to
highlight and focus on women, families, and communities. Abortion bans
and restrictions continue to force women in communities of color who
don't wish to carry and deny them the care they need and deserve in
moments when their healthcare is at risk.
This bill is critical for communities that are disproportionately
harmed by the bans and medically unnecessary restrictions that the
Women's Health Protection Act would prohibit. It supports those who
face the greatest barriers to care.
I want to, finally, thank in this fight some of the healthcare
providers, advocates, lawyers, and staff who have been on the frontline
in these past 10 years--people like Jackie Blank, Sara Outterson, and
Liz Wagner of the Center for Reproductive Rights; Monica Edwards at
URGE; Dr. Jamila Perritt at Physicians for Reproductive Choice; Amy
Williams Navarro at NARAL; Karen Stone and Nina Serrianne at Planned
Parenthood; Leila Abolfazli at the National Women's Law Center; and so
many across the country, including, in Connecticut, Amanda Skinner and
Gretchen Raffa at Planned Parenthood, and Liz Gustafson at NARAL Pro-
Choice Connecticut.
Make no mistake, this fight will continue. The Women's Health
Protection Act will pass. It may not be in the next couple of weeks or
couple of months--maybe not even in this session--but it will pass
because the conscience of America demands it. That is why referenda
have won across the country on this issue. That is why voters went to
the polls and showed with their feet where they stand. And that is why
we need to fight rulings from the courts, with hard-right Republican
judges who have declared a war on women.
As soon as next week, a judge in Texas may rule that mifepristone,
the most common form of abortion care in this country, is illegal
despite 20 years of safe, effective use with approval of the FDA of
that drug. A nationwide ban will affect women in Connecticut if he does
it.
We have seen also that Walgreens will not sell or make available
mifepristone in 21 States whose State attorneys general have threatened
to sue Walgreens if it makes that drug available. They have succumbed
to bullying. They said to those attorneys general: OK, women lose; you
win.
I urge consumers to vote with their feet and do their business
elsewhere and show where they stand.
I am proud to be here with my colleagues to continue this fight for
the Women's Health Protection Act.
The PRESIDING OFFICER. The majority leader.
Mr. SCHUMER. Madam President, first, I want to thank Senators Murray,
Baldwin, Blumenthal, and so many of the others who have spoken on this
issue. It is so vital to our country, to the women of our country, and
to all of us in this country.
For nearly 50 years, Roe v. Wade safeguarded Americans' fundamental
right to choose. From the moment Roe was decided in 1973, the most
extreme elements of the Republican Party made it their mission to
reverse Roe and eliminate the freedom of choice.
Last summer, tragically, that doomsday scenario became true when the
MAGA Supreme Court overturned Roe and declared that there was no
constitutional right to access abortion. Eight months later, the
consequences of the Court's decision have been severe. One in three
women has lost abortion access, and over 17 million individuals can no
longer access the full range of reproductive care.
The MAGA Supreme Court's decision means our children will grow up in
a world where they have fewer liberties than previous generations.
Today, as I mentioned, Senators Baldwin and Blumenthal, along with
many others of us, are reintroducing a salve to this terrible
injustice: the Women's Health Protection Act.
This legislation only dropped this morning, but Senate Democrats
already have a record number of cosponsors, 49 in total. Let me say
that again. The legislation only dropped this morning, but Senate
Democrats already have a record number of cosponsors, 49 in total. This
is the most united Senate Democrats have ever been on pro-choice
legislation, while Republicans remain hell-bent on eliminating women's
choice.
After Americans rejected MAGA Republicans' anti-choice agenda last
fall, you would think they would have gotten the message, but they have
not. Today, 14 States have enacted near-total abortion bans. Florida
Republicans, meanwhile, introduced a bill this week to ban abortions
after just 6 weeks, before many women even know they are pregnant.
How can you say the Florida bill is anything but cruel and inhumane?
And for those who think Republicans' abortion hostility is about
States' rights, nearly every Republican in the Senate sponsored and
voted in favor of a nationwide abortion ban. That is what this is all
about. Republicans, deep down, want to ban abortions for everyone,
everywhere.
As bad as all this is, the worst injustice is that those who suffer
most are often low-income Americans, rural Americans, people of color,
LGBTQ Americans, particularly the trans community, and especially Black
Americans. In fact, research shows that States with the harshest
abortion bans have some of the highest rates of Black maternal death,
as much as 38 percent higher in States with abortion restrictions.
There is only one word to describe this: shameful. It is a stain, a
blot, a blemish on America's soil.
So passing the Women's Health Protection Act is the right thing to do
for our country.
I want to thank all of the Senators who helped lead this bill--the
women Members of our leadership and all of our women Senators and so
many others, including Senator Blumenthal, Senator Whitehouse, and many
more who worked so hard on this legislation. I will work with them to
push this bill forward.
I yield the floor.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. WHITEHOUSE. Madam President, I am delighted to follow Leader
Schumer, for whom this has been such an important issue. I am confident
that we will gather our caucus together to be as effective as we can.
[[Page S704]]
Today is International Women's Day, but this year it is shadowed by
the freedom that women have lost in America to make their own choices
and to shape their own lives. A radical Supreme Court captured by deep-
pocketed special interests has shredded this constitutional right. It
is a whole separate story how that happened, how big dark money
interests went into back rooms at the Federalist Society, handpicked
Supreme Court Justices, put them on the Court, spent millions and
millions of dollars orchestrating all of that and putting TV ads on
behind them--all run through phony front groups--and now instruct them
what to do through a whole bunch of other phony front groups, also dark
money funded, that go in as amici curiae and present these arguments in
orchestrated flotillas to the Court--a separate issue but a very
unfortunate situation behind this horrible decision.
What I want to talk about is how hurtful and harmful this is when
things go wrong. Everybody hopes and prays that their pregnancy will be
successful and there will be a healthy birth. But it is not uncommon in
a pregnancy for things to go wrong. And when things go wrong, these
extreme abortion restrictions put the doctors and the patient into
impossible and wrong situations.
We hear about doctors who have postponed care until a patient's
health or pregnancy complication had deteriorated so much that their
life was in actual immediate danger.
You could have predicted it. You could have taken the prudent course,
but the shadow of these criminal penalties--this assault on women's
freedom--has made doctors postpone that decision, and it does, in fact,
put patients' lives at risk.
There are committees that have been set up to determine whether a
doctor making a decision about a woman's care should be allowed to
proceed. You have to go through the hospital committee because of the
risk of liability. Sometimes these things happen fast and sometimes
people feel very privately about them. And the idea that this has to go
to a committee is both a cause for delay and a huge lack of privacy for
the women and the family involved.
So in Texas, oncologists have said they wait for pregnant women with
cancer to get sicker before they treat them. Imagine being on the
receiving end of that.
Some doctors have reported that they are unable to get other
professionals to come and assist them with procedures because the other
professionals are frightened of liability. And that, too, fouls up the
ability of the patient to get care--even the forensic nurses who care
for sexual assault victims.
So you are battered and you are raped, and the police respond and the
EMTs respond, and they take you to the emergency room. There are
forensic nurses who provide specified care for sexual assault victims.
They do the rape kit. They know how to deal with patients who are still
very traumatized. And they usually also provide morning after
contraception, right?
The woman has been raped. Why would you not do that?
Now, they are anxious about doing that for fear that it will be
considered an abortion drug.
That woman who has been through that experience deserves far better
than to have politics intrude into her care on that terrible night. It
is not just me saying this. An emergency physician in Houston who was
the chair of the board of the American College of Emergency Physicians
said:
We're no longer basing our judgment on the clinical needs
of the woman, we're basing it on what we understand the legal
situation to be.
The President of the American Medical Association says:
This is happening every day, all the time in these
[freedom-burdened] states.
He says that ``some others have said that these are incredibly rare
situations.'' He says: No, that is not true. ``This is happening every
day, all the time in these states.''
I had a grim meeting with a group of OB-GYN doctors who practice in
Rhode Island who are hearing from colleagues in States that have been
burdened by this freedom being removed from women in those States, that
their professional colleagues, fellow doctors, are beside themselves at
the way this has interfered in their practice, particularly at those
most dangerous time, when a pregnancy is in trouble and the woman needs
the full attention of the doctor and the care that is determined based
on her medical needs, not on something that some Republican legislature
hobbled together.
So it is really important for us to get together and pass the Women's
Health Protection Act. I want to thank all those who have shown so much
leadership getting us to this day.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire.
Ms. HASSAN. Madam President, I rise today to join Senator Baldwin and
Senator Blumenthal and all of my colleagues who are speaking in support
of the Women's Health Protection Act. And I want to thank Senator
Whitehouse for his eloquence just now in describing the real life and
death consequences of the Dobbs decision.
I want to thank advocates from Planned Parenthood, NARAL, and other
organizations who have been tirelessly pushing for this legislation and
standing up and speaking out for reproductive freedom. The grave threat
to the health and freedom of women all across our country makes clear
that it is more important than ever for Senators, regardless of
political parties, to come together and support this critical
legislation. Nothing less than the freedom of American women and the
future of our democracy itself depends on us doing so.
For more than two centuries, each successive generation of Americans
has enjoyed more freedoms than the last. By extending the promise of
our democracy to all Americans, our country has only become stronger.
But the Supreme Court's decision to overturn Roe v. Wade brought that
story of progress to an abrupt halt, taking away a fundamental freedom
from millions of women--a freedom that most have known for their entire
lives.
Now, when women across the country raised the alarm following the
Supreme Court's decision, there were those who suggested that we were
overreacting. They suggested that life for most women would continue as
it did before. Well, it has become very, very clear that those who
espoused that view were wrong.
Since the Supreme Court's decision, legislatures across the country
have passed abortion bans into law. Just last week, Wyoming's
Legislature passed a new law which will ban abortion in all trimesters,
in nearly all cases, and would threaten doctors who perform abortions
with jail time. Other States have imposed even harsher criminal
penalties. This has had a chilling effect on women's healthcare
providers and countless women can no longer access reproductive care
that they need.
Partisan politicians who believe women are incapable of making their
own critical healthcare decisions have made clear that their ultimate
goal is to ban abortion in all 50 States. In statehouses and here in
Washington, these partisan politicians have demonstrated that they are
not only committed to dismantling women's healthcare but that they do
not believe that women have the capacity or conscience to make their
own personal decisions.
Like many of you, in the last 10 months, I have heard from women at
rallies, in letters, and in quiet conversations who are fearful of
these attacks on reproductive freedom. The question before this Senate
is whether or not we believe that we have an obligation to listen to
their voices, whether or not our government should be accountable to
the people, including women. What is at stake is the principle that
American women are free and equal citizens in our democracy and that
they should be able to chart their own futures. That is why I urge my
colleagues from both sides of the aisle to join me in supporting the
Women's Health Protection Act, which would once again protect a woman's
fundamental freedom in every part of the country.
We can't stand idly by as women across America have become second-
class citizens. We should stand united in the belief that our daughters
deserve the same freedoms as everyone else.
If we want to ensure that our country remains a place where the
promise of our democracy belongs to all, where our daughters are free
to make their own choices and reach their fullest potential, where we
remain a government
[[Page S705]]
by, of, and for the people, then we must listen to American women and
support the Women's Health Protection Act.
I yield the floor.
The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Madam President, I rise with my colleagues today to
continue to fight for women in every part of our country to once again
be able to make their own healthcare decisions because ever since
Republicans succeeded in their decades-long effort to overturn Roe v.
Wade and drag our country back a half a century and rip away the right
to abortion for women across the country, we have heard one horror
story after another: women left suffering, waiting for the care that
they need; doctors worried that they could face jail time for doing
what is best for their patients; abortion providers who are overwhelmed
by patients who are having to wait weeks for limited appointments and
travel hundreds of miles for care.
Republicans have ushered in a crisis. It is a nightmare for women,
for patients, and for doctors alike. And make no mistake, it is a
choice extreme Republicans have made.
They fought for decades to overturn Roe. They passed the dangerous
abortion bans that are causing this pain for women and families, and
they are choosing to continue their nonstop efforts to strip women of
control over their own bodies. Every day, extreme Republican
politicians come out with some new awful idea to make women's lives
worse.
Here in Congress, Senate Republicans introduced a national abortion
ban last year. This Congress, one of the first bills the Republican
House voted on was a Federal abortion ban. In just the few months since
Roe was overturned, extreme abortion bans have gone into effect in 14
of our States, stripping over 20 million women of reproductive age of
the ability to get abortion care in their own State.
And, by the way, transgender and nonbinary patients who already face
so many challenges getting the healthcare they need in this country are
being harmed by these bans as well. We are talking about truly cruel
bans that set bounties for information about anyone who gets an
abortion or helps provide one and bans that even lack exceptions for
rape or incest or the life and well-being of the mom.
Republican bans have tripled the average travel time for patients to
get the abortion care they need since Roe was overturned. And they have
been especially challenging for communities that already face barriers
for the care they need: patients with tight budgets who cannot afford
to pay for travel and lodging hundreds of miles away from where they
live; Black women who already suffer much higher maternal mortality
rates; patients in rural and Tribal areas who aren't close to providers
to begin with; and patients with disabilities, to just name a few.
Now they are going further, seeking to pass new bans to try to get
around State court rulings and laws to get around the fact that their
own constituents backed the right to abortion in statewide votes just
last year. When extreme Republicans can't convince the American people
to get on board with their extreme agenda, they have shown that they
will try to force it on women across the country with threats and
intimidation and outrageous lawsuits.
Extreme Republican attorneys general, for example, are suing the
Biden administration because they told pharmacists they can't
discriminate against pregnant patients and because they made it clear
when a woman's life is at stake, doctors are required to provide
lifesaving abortion care. And, of course, there is the extreme
Republican lawsuit that seeks to take away an important abortion
medication for patients nationwide--nationwide--effectively creating a
nationwide ban on the most common way patients get an abortion. Twenty-
two Republican attorneys general and, by the way, 67 Republicans right
here in Congress have filed a brief supporting that lawsuit, supporting
overriding experts at FDA to take a safe, effective abortion medication
away from women nationwide, to take it away from my constituents in
Washington State.
People across the country have already made it crystal clear they
will not stand for Republicans' extreme agenda. In fact, last November,
abortion rights won in every single place they were on the ballot--
every single place they were on the ballot.
Democrats won't stand for Republican attacks either. We are committed
right here to being a firewall in the Senate against the House
Republicans' extreme attacks on abortion. We refuse to accept a future
where our daughters and granddaughters have fewer rights than we did.
We refuse to accept that any patient's right to control their own
body depends on a State that they live in or the money in their bank
account. That is why today Democrats are reintroducing the Women's
Health Protection Act because the Dobbs decision was not the beginning
of this fight, and it was not the end--far from it. We have to restore
Roe for women in every corner of our country, and that is exactly what
this bill does. It follows the Constitution and nearly half a century
of precedent and gives patients the right to get an abortion and
doctors the right to provide that care no matter where they are in
America.
Some Republicans want us to just get used to women being forced to
stay pregnant, no matter their circumstance, no matter what it means
for their health or their family or their hope for the future. Some
Republicans are hoping that this will all become normal.
Well, I have got news for them. Never, never will that happen. We
will not be quiet. We will not give up. We are going to keep coming
back as many times as it takes to end this chaos and return control of
women's bodies to women. I promise, every single time we have to come
back to this floor to lay bare the horrors of these extreme abortion
bans they are inflicting on women and patients in this country, we will
get louder.
So I urge all my Republican colleagues, start listening to the
American people, start acknowledging the pain that these abortion bans
are causing. Let's pass this critical bill to make things right.
I can't say that I expect them to listen to us, but I can guarantee
you, if they don't, we will be back.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Madam President, I rise in strong support of the Women's
Health Protection Act.
This legislation needs to be a centerpiece in the battle to defend
privacy rights in America. This is the third week I have stood on the
Senate floor to talk about this extraordinary assault on privacy and
bodily independence that is taking place in America, and it started, of
course, with the horrendous Dobbs decision.
When that decision came down, Republicans all over America said that
this was going to be a matter of State's rights. They weren't telling
the truth to the American people.
Shortly after the decision, there was a full-court press by
Republicans at the local level, State level, and, yes, the national
level to claw back the rights of women and deny access to reproductive
care. Months after the Dobbs decision, a bill to enact a 6-week
abortion ban, to ban abortion before most women even know they are
pregnant, was introduced in this body.
That was a national ban--every single State--every single State. So
much for State's rights.
Anti-abortion activists are not only working Senate Republicans, they
are working the court system as well. I call it court washing. It goes
way beyond the issue--and I know we have got an expert lawyer in the
Chair. It goes way beyond so-called judge shopping that everybody has
heard about in the past. It is not simply a matter of looking at a
judge's long record of soundly reasoned opinions and hoping for an
outcome.
Republicans--particularly talking about this Texas case, this one in
Amarillo, TX. Republicans picked him because he was a lifelong
rightwing activist who was planted in a district court to deliver the
decision they wanted, the verdict that they have been scheming to
deliver. We are talking about banning mifepristone nationwide, a drug
approved by the Food and Drug Administration. This is something I care
about deeply because I held the first congressional hearing on the role
of the FDA, particularly with
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mifepristone. It has been safe and effective, and it has been the law
of the land for years and years. If you throw that out, you take away
women's independence, and the government puts itself front and center
in the exam room and in the private decisions about whether and when to
start a family.
As women grapple with restrictive State laws that take away their
right to privacy and threaten their health, they are also facing a
crisis of digital privacy and--what I call--the threat of uterus
surveillance.
We have long been concerned about location data leaching from phone
apps and how ripe for abuse it is. In States where extremists have
restricted or banned abortion, the whole issue of women having their
personal data weaponized against them is now front and center. Shady
data brokers have already tracked women to and from Planned Parenthood
health centers and have sold their information, basically, to anybody
who has got a credit card. In States where abortion is illegal,
anything women say or read online can be used against them. Researching
birth control online, updating a period tracking app, or even carrying
a phone into a doctor's office may become weaponized against you. It
could be evidence for the prosecution--the most personal and private
data about women's bodies and their health. Just imagine how much worse
it could get if more States pass draconian laws or Republicans get
their nationwide ban.
That is why we are here to pass this legislation: to ensure that
every woman in every State is in a position to make private medical
decisions, where that woman is in the driver's seat with respect to her
privacy and her independence. To do otherwise is going to keep
healthcare providers from doing their jobs. To do otherwise is going to
mean more delaying care for women and more bullying pharmacies out of
providing medications that are completely legal and FDA-approved.
These providers ought to be able to do their jobs based on science.
That is what the FDA decision was all about. It wasn't a political
decision. It wasn't made here on the floor of the U.S. Senate and
having people go back and forth about their opinions. It was an FDA
decision based on science. These policies are common sense, and they
are popular.
I am going to close with just a couple of quick points.
Once women lose the ability to make private healthcare choices about
their reproductive healthcare, I think we ought to make sure everybody
understands that there will be women who will die.
I think we need to understand that what this is about is whether
freedom is going to mean the same thing for women as it does for men.
Women do not have the same privacy rights right now. They don't have
the same freedom. If women are subjected to uterus surveillance, they
don't have true freedom. If Republican politicians dictate what goes on
in an exam room, they don't have true freedom. If women can't control
their own bodies and make their own decisions about when and whether to
get pregnant, they don't have true freedom. If women are forced to give
birth--and in some cases, Republicans want to force women to give birth
even after cases of rape and incest--those women do not have true
freedom.
So if there is one word--one word--that this debate is all about for
women as to what is at stake, that one word is ``freedom,'' and our
legislation ensures they will have it. I urge colleagues to support it.
I yield the floor.
The PRESIDING OFFICER (Mr. Ossoff). The Senator from Hawaii.
Ms. HIRONO. Mr. President, I rise today, on International Women's
Day, to urge my Republican colleagues to join us in protecting our
individual rights and freedoms and to support the Women's Health
Protection Act.
You have heard from a lot of us on the floor today, and we are going
to repeat certain things, but these are things that bear repeating
because this issue of abortion is all about who gets to decide. Is it
the individual or a bunch of politicians? You can see where I am coming
from. When the rightwing, ideologically driven Supreme Court overturned
nearly 50 years of precedent of abolishing an individual's right to get
an abortion, that was just the beginning. The Dobbs decision opened the
doors for extremist Republicans who have made clear they will stop at
nothing to control our bodies.
It hasn't even been a year since the Supreme Court upended our right
to bodily autonomy, and, already, abortion is entirely banned in 12
States, meaning more than 20 percent of the U.S. population lives in
States where abortion is illegal. There are 21 States that have enacted
36 bills to restrict or ban abortion; and in 12 States, constitutional
amendments have been proposed to limit abortion access. Just this week,
Florida Republicans filed a 6-week abortion ban--6 weeks--which is
before many women are even aware they are pregnant.
After the Dobbs decision, the Republicans claimed abortion would be
dealt with in the States as States' rights. This is what we in Hawaii
would call a shibai argument. Clearly, abortion has never been about
States' rights. So their unrelenting efforts to limit bodily autonomy
is about taking away the very individual rights and freedoms that
Republicans claim to care so much about.
Beyond State legislatures, Republicans in the Senate have introduced
a nationwide abortion ban. Any day now, we are waiting for one
extremist, Trump-appointed Federal judge in Texas to decide whether to
institute a nationwide ban on mifepristone, which is the safe and
effective medication that Americans have relied on for more than 20
years--for more than two decades--and that accounts for more than half
of the abortions in our country.
Regardless of this decision in Texas, after threats from GOP
Attorneys General from 20--20--conservative States, Walgreens stated
they would no longer dispense medication abortion pills in numerous
States, including in States where medical abortion remains legal,
although they now appear to be walking that back after provoking a
public outcry. What is next--banning contraception? There are even
Republican State lawmakers who are introducing bills to allow the death
penalty--the death penalty--for women who have abortions.
There is no end to what extremist Republicans will do to control our
bodies. Whether you live in States like Hawaii, California, or New
York, or in States where Republican legislatures have already passed
laws, our freedom is at risk. Our bodily autonomy is at risk. For
pregnant people across the country, that means their health, and even
their lives, are at stake.
Pregnancies carry many risks, and the United States already has the
highest maternal mortality rate of any developed country. It is
unbelievable that a country like the United States has the highest
maternal mortality rate in the world. These risks are even greater for
women of color, women with disabilities, and transgender and gender
nonconforming individuals. People will die without access to safe,
legal abortions. A recent study found, if Republicans institute a
nationwide abortion ban, maternal deaths will rise by 24 percent across
the country.
So, today, I urge my colleagues to stop pandering to the political
extremism in our country and join us in passing the Women's Health
Protection Act to codify the right to an abortion in Federal law and
protect all people across the country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Michigan.
Ms. STABENOW. Mr. President, I am really proud to join today with my
colleagues to speak on behalf of American women of the fundamental
rights of all pregnant persons and our freedom to make our own
healthcare decisions.
Thanks to a radically conservative Supreme Court, reproductive
freedom is no longer a constitutional right in the United States for
any American. Roe v. Wade protected our freedoms for 50 years, until it
didn't, and now today's young women have fewer freedoms than their
mothers and their grandmothers ever did. And we are furious. Do you
want to know how furious?
In Michigan, we turned our anger into action. In November, we had the
largest voter turnout for a midterm election ever. One of the measures
on the ballot enshrined the right to reproductive freedom in our
State's constitution. It passed by a strong 13-point
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margin, because Michiganders understand that health decisions should be
made by individual people, not by judges and not by politicians.
Unfortunately, a lot of folks didn't get the message. Republicans in
Congress have pushed for a nationwide abortion ban. State legislatures
across the country are making it harder and harder for people in their
States to receive reproductive care. There are 24 States that have
already banned abortion or probably will soon, and any day now, a
Federal judge--one man in Texas--let me repeat that. One man in Texas
is expected to hand down a ruling that could ban a medication that has
been used to safely end pregnancies for 23 years. That decision would
prevent patients from getting the healthcare they need even in States
where abortion is legal.
That is why it is so incredibly important that we pass a law that
says, once and for all, that women in America have the freedom to make
our own healthcare decisions. That is just what the Women's Health
Protection Act will do, and I am very proud to join my colleagues in
introducing this bill.
It will protect all Americans from State laws that limit access to
abortion services. Right now, your freedom to make your own healthcare
decisions depends on the ZIP code you happen to live in, and that is
simply wrong. Women in Michigan and Mississippi and Montana all deserve
to make decisions about our own healthcare, our own lives--not extreme
Republican lawmakers, not extreme members of the Supreme Court, not one
extreme judge in Texas. It is critical that we pass the Women's Health
Protection Act now. Our freedom depends on it.
Let's be clear. We will continue to fight until our reproductive
freedom as Americans is restored.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nevada.
Ms. CORTEZ MASTO. Mr. President, I have had the opportunity now to
listen to all of my colleagues as they rightfully come to the floor
here to, really, talk about the erosion of women's rights in this
country by the far-right extreme.
I have to thank Senators Baldwin and Blumenthal and so many of my
colleagues--Senator Murray and so many--who have been on the forefront
of protecting women's rights and freedoms.
Let's not mistake this. This is about women's freedom. That is what
this is about. It has been less than a year since the Supreme Court
overturned Roe v. Wade, and it has been a dark time for women in
America since then, because, by dismissing 50 years of precedent that
protected women's freedom, the Supreme Court emboldened far-right
Republicans to go after women's rights in increasingly extreme ways.
One of the first things some of these Republican leaders did in
Congress after the Dobbs decision was to work on legislation to ban
abortion nationwide. Until they can pass that legislation denying
States their ability to keep abortion legal, they will continue their
attacks on reproductive freedoms and make it as difficult as possible
for women to access essential reproductive healthcare.
In Texas, Arizona, Wisconsin, and other States with strict abortion
bans, doctors who provide women with reproductive care could be
prosecuted, heavily fined, or imprisoned--and in some cases, all three.
These States have threatened to revoke providers' medical licenses,
putting their politics over what is best for patient health.
For women, confusion and fear over abortion bans have led to denied
access to necessary and potentially lifesaving reproductive care.
Imagine the distress, the burden these women and their families carry.
Pregnancy decisions are deeply personal. It is not a legal debate up
for discussion in the courts.
We must do everything we can to ensure that women have the tools they
need so they can decide what is best for their lives, for their health,
and for their families.
Since the Court overturned Roe, women have begun traveling, as you
have heard today, to pro-choice States like Nevada for the abortion
care they need, but that is not enough because anti-choice policymakers
are working on ways to take that freedom away. States' rights aren't
enough.
Their latest attack on women's rights is through a lawsuit to
restrict nationwide access to the abortion pill, even for women in
States where medication abortion is one of the few legal options left.
Extremist Republicans' war on reproductive freedom didn't stop with
overturning Roe, it didn't stop with punishing doctors, and it won't
stop with going after medication abortion.
Let's get one thing clear: For the far right, this is about
controlling women.
I trust women, and so do a majority of Americans, including Nevadans.
Nearly two-thirds of Americans believe women should have the right to
make their own choices about their reproductive care, and I stand with
them. That is why I am proud to join my colleagues today to reintroduce
the Women's Health Protection Act.
As you have heard, this bill defends women against the extreme
politicians who are working to strip away those rights, guaranteeing
that women can seek the vital reproductive care they need without
having to answer to the government.
Under this bill, women would see an end to abortion bans and
burdensome restrictions to accessing abortion. Women would be able to
get the healthcare they need without being subjected to medically
unnecessary ultrasounds, excessive waiting periods, and other obstacles
that far-right politicians have put in their path. Women and their
families would be able to plan for their futures on their own terms.
The alternative is to watch a minority of extremists continue to
strip away women's rights across the country. We must protect a woman's
right to choose and pass the Women's Health Protection Act.
I will say one final thing, and I would hope my colleagues on the
other side would listen to this. We have heard conversations about the
impact that this issue has had on this past election cycle. I am proof.
I am back here because not just Democrats but Republicans and
Independents, nonpartisans in my State, care about this issue. They
care about the rights of women and their freedom to make this decision,
and a majority of Americans do as well.
That is why it is important for all of my colleagues--I don't care
what aisle you sit in; I don't care what party you are--or you are not
a party; the goal here is, when we come to this Congress, when we stand
here together and we try to solve the problems that matter to this
country, we are listening to the American people, and we are not
letting a minority determine, and we are not about taking away the
freedoms and rights of people in this country, including women, and
turning them into second-class citizens. That is not who we are.
I invite my colleagues at all times--I don't care where you are, what
party you stand with, where you are--to stand with women in this
country. This is such an important issue. Pay attention to the American
public and what is at stake here. I ask you to support us with the
Women's Health Protection Act.
I yield the floor.
H.J. Res. 26
Mr. CARDIN. Mr. President, the joint resolution we are considering
tramples on the right of DC citizens to manage their own affairs, plain
and simple. In fact, it is so intrusive, it provides a compelling
argument for DC statehood.
DC statehood is long overdue. There is no justification for the
denial of rights and representation for the 700,000 citizens of the
District of Columbia. They deserve to have their voices heard in our
democracy; they deserve true self-governance and the right to have a
say in the policies that will affect their lives.
Our Nation's Capital is home to more than 700,000 fellow Americans
who, despite our Nation's founding mantra--``no taxation without
representation''--pay their share of taxes without full voting
representation in either Chamber of Congress. In fact, despite paying
more in Federal taxes per capita than citizens of any of the 50 States,
DC residents have no say in how those taxes are actually spent.
This isn't a Republican or Democratic issue; it is an American issue
because the lack of fair representation for DC residents is clearly
inconsistent with the values on which this country was founded. It is
therefore incumbent upon all of us who enjoy the right and
[[Page S708]]
the privilege of full voting rights and representation to take up the
cause of our fellow citizens in the District of Columbia.
We must use our voices to call out this historic injustice and right
this wrong.
DC has more residents than two States, Wyoming and Vermont. It has a
population comparable to Alaska and Delaware. DC pays more in Federal
taxes than 23 States. Yet it has no representation here in the Senate.
Along with my colleagues who make up the informal ``National Capital
Area'' delegation, I have worked over the years to advance the
District's interests given its proximity to the two States and
significant cross-border commuting and business activity.
Statehood for DC is not about taking away the power and
representation of residents of other States. This is not and should
never be interpreted as a zero-sum game. Instead, what we have here is
a situation that clearly conflicts with our democratic ideals.
The District includes people of all backgrounds. However unique the
District might be, its residents are hard-working people who do not
differ from other Americans in their basic entitlement to
representation. Taxation without representation is a compelling
argument for statehood. It should be enough to move Congress to act.
Instead, we are regressing here.
Rubbing salt into the wound of this intrusion is the fact that
proponents of the joint resolution deliberately mischaracterize what
the Criminal Code revision does, or fails to do. The Revised Criminal
Code Act of 2022--the RCCA--comprehensively revises DC's Criminal Code,
which had not been updated since its creation in 1901. We may agree or
disagree with some of its provisions, but it is a matter that should be
left to the elected officials of the District.
Congress has passed joint resolutions disapproving DC legislation on
three occasions; the last time occurred in 1991. A resolution of
disapproval has not received a floor vote in either Chamber since 2015.
In recent years, it appears that our friends across the aisle have
introduced joint resolutions of disapproval to undermine DC self-
governance as a means for advancing partisan policy narratives around
controversial topics such as crime, COVID-19 vaccinations, reproductive
health, and harm reduction programs such as needle exchange.
Although DC Mayor Muriel Bowser vetoed the council's Criminal Code
revision--the Council voted 12-1 to override the veto--she also
indicated her staunch opposition to Congress intervening in the city's
affairs. I agree with Mayor Bowser.
The District's Attorney General, Brian L. Schwalb, sent a letter to
the Senate on February 23, 2023, in which he eloquently stated:
Ironically, many who have expressed support for overriding
these two D.C. local laws have long espoused the virtues of
freedom from federal government interference and respect for
states' rights . . . I am well aware of the Constitutional
power granted to Congress in Article I, Section 8, Clause 17.
However, merely because Congress has the power to act does
not mean that it should exercise that power. Particularly
given Congress' stated intent when passing the Home Rule Act
to empower the District ``to the greatest extent possible''
with the responsibility of ``legislating upon essentially
local District matters,'' I urge the Senate to reject calls
for disapproval of D.C. local laws, and instead, to stand up
for democratic values, stand against disenfranchisement, and
stand with the residents of our Nation's capital.
I agree with Attorney General Schwalb. I deeply regret that Congress
is intervening in the affairs of people who have no representation,
especially here in the Senate, and I urge my colleagues to defeat this
misguided measure.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. HAGERTY. Mr. President, the Senate will soon take up my
resolution to nullify the Revised Criminal Code Act recently passed by
the DC Council--a measure that becomes more central every day as the
harrowing reports of lawlessness and deadly violence in our Nation's
Capital steadily accumulate.
Carjackings in DC have increased for 5 consecutive years and have
more than tripled in the past 3 years. For the first time in 20 years,
DC has experienced back-to-back years with more than 200 homicides. Car
thefts are up 111 percent this year. It has gotten so bad that the city
recently announced that it is giving away free steering-wheel locks to
owners of frequently stolen cars here in the District. Instead, how
about just enacting laws that stop crime in the first place?
Sadly, violent crime has become an epidemic in our Nation's Capital,
where our constituents, Americans from across the country, and people
from around the world come to live, come to work, and come to visit,
from schoolchildren to World War II veterans. Yet, unbelievably,
despite escalating crime and palpable unease from all who visit or live
in DC, the DC Council recently passed legislation to reduce penalties
and eliminate minimum sentences for violent criminal offenses,
including carjackings, robberies, and even homicides.
DC's crime bill also dramatically expands jury trials in misdemeanor
cases, which may sound good to a law school classroom but in practice
will overwhelm the system and force dropped charges and crippling
delays in countless criminal cases integral to preserving order and
public safety. The DC crime bill reduces penalties on violent crime in
the midst of a violent crime wave. It is the opposite of good policy
and will make the crime wave even worse. It sends the wrong message--
that DC is not serious about fighting crime.
DC's own police chief recently concluded that one of the main reasons
for rising crime in the District, especially among youth, is the
perception among criminals that they will suffer no consequence. Yet
the council proposes to reduce the consequences even further.
Make no mistake, this DC crime bill will deliver the wrong results.
Under these soft-on-crime policies, public safety will deteriorate
further.
This is common sense to most people. It should be no surprise, then,
that Mayor Bowser recently vetoed the DC crime bill just this January.
She said:
This bill does not make us safer.
I couldn't agree more.
Yet, putting woke ideology over public safety, the DC Council
overrode the Mayor's veto. That is why I am bringing forth this
resolution to block the DC crime bill.
Washington is a Federal district, and the Constitution puts Congress
in charge of governing it. This makes sense. Countless Americans from
all over the country visit our Nation's Capital each week to meet with
their Federal representatives and to enjoy our national history.
Congress has a constitutional obligation to make sure these visitors
can walk down the sidewalk or enjoy a meal without fear of becoming
victims.
This resolution passed with significant bipartisan support in the
House of Representatives, and I am confident that an even larger
bipartisan majority of this body will support it tonight. Numerous law
enforcement groups, including the DC Police Union, are supportive.
Polling shows that 72 percent of DC residents believe that the DC crime
bill sends the wrong message.
A few weeks ago, the White House put out a statement of policy
opposing my resolution--based on the President's support for DC
Statehood, I presume--but last week, the President indicated he would,
in fact, support my resolution. I am glad the President has recognized
that Congress has a legitimate, constitutional role in reviewing and in
rejecting DC's harmful legislation.
To this point, given the now-widespread recognition that this is a
bad bill, imagine if Congress did not have the authority under the
Constitution and the DC Home Rule Act to block DC laws. This dangerous
bill would become law.
Apparently seeing the writing on the wall this week, the chairman of
the DC Council cooked up a desperate and legally baseless ploy to ``un-
submit'' the bill to Congress in an attempt to avoid a vote of
disapproval. But the DC Home Rule Act is clear: There is no valid
action of this nature. No matter how hard they try, the council cannot
avoid accountability for passing this disastrous, dangerous, soft-on-
crime bill.
Violent crime has become an epidemic in America. This resolution is a
referendum on it. Do you want to decrease jail time for violent
criminals? Do you want to prioritize the interests of law-abiding
citizens or the interests of criminals? This will be one of the
[[Page S709]]
only opportunities during this Congress for this body to send a broad
message on violent crime--a message that may impact the safety and
security of Americans throughout our Nation.
I appreciate that many of my colleagues have cosponsored or indicated
their support for this resolution, and I urge all of my colleagues to
support it tonight.
Stopping violent crime should not be a Republican or Democrat
objective; it should be a commonsense one. I hope the Senate sends that
message today by adopting this resolution and by sending it to the
President's desk.
I yield back all time.
The PRESIDING OFFICER. Without objection, all time is yielded back.
The joint resolution was ordered to a third reading and was read the
third time.
The PRESIDING OFFICER. The joint resolution having been read the
third time, the question is, Shall the joint resolution pass?
Mr. HAGERTY. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Carper),
the Senator from California (Mrs. Feinstein), and the Senator from
Pennsylvania (Mr. Fetterman) are necessarily absent.
Mr. THUNE. The following Senator is necessarily absent: the Senator
from Idaho (Mr. Risch).
The result was announced--yeas 81, nays 14, as follows:
[Rollcall Vote No. 49 Leg.]
YEAS--81
Baldwin
Barrasso
Bennet
Blackburn
Blumenthal
Boozman
Braun
Britt
Brown
Budd
Cantwell
Capito
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Daines
Ernst
Fischer
Gillibrand
Graham
Grassley
Hagerty
Hassan
Hawley
Heinrich
Hickenlooper
Hoeven
Hyde-Smith
Johnson
Kaine
Kelly
Kennedy
King
Klobuchar
Lankford
Lee
Lujan
Lummis
Manchin
Marshall
McConnell
Menendez
Moran
Mullin
Murkowski
Murray
Ossoff
Padilla
Paul
Peters
Ricketts
Romney
Rosen
Rounds
Rubio
Schatz
Schmitt
Schumer
Scott (FL)
Scott (SC)
Shaheen
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Tuberville
Vance
Warner
Wicker
Wyden
Young
NAYS--14
Booker
Cardin
Duckworth
Durbin
Hirono
Markey
Merkley
Murphy
Reed
Sanders
Van Hollen
Warren
Welch
Whitehouse
ANSWERED ``PRESENT''--1
Warnock
NOT VOTING--4
Carper
Feinstein
Fetterman
Risch
The joint resolution (H.J. Res. 26) was passed.
The PRESIDING OFFICER (Ms. Hassan). The Senator from South Dakota.
____________________