Executive Session

Floor Speech

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Mr. SCHUMER. Madam President, the names of George Floyd, Breonna Taylor, and Ahmaud Arbery continue to ring in the Nation's ears, a searing reminder of the desperate need to reform policing and truly address injustice in America. Their memory is a national call to action.

Democrats answered that call by proposing a broad, strong, comprehensive policing reform bill that would bring deep and lasting change to police departments across America. House Democrats will pass that bill, the Justice in Policing Act, as early as tomorrow.

However, here in the Senate, the Republican majority proposed the legislative equivalent of a fig leaf, something that provides a little cover but no real change. In less than an hour, Leader McConnell will ask the Senate to proceed to the so-called policing reform bill.

We have all gone over the bill's deficiencies over and over. There are no good answers. Some on the other side have said the bills are similar. They are like night and day.

In response to the brutal killing of George Floyd--his wind pipe crushed by a police officer--my Republican friends drafted a bill that does not even fully ban the type of brutal tactics that led to his death.

In response to the death of Breonna Taylor, killed by police executing a no-knock warrant, my Republican friends have drafted a bill that doesn't even ban that type of tactic--what weak tea. For Leader McConnell to come on the floor with this bill and say he is solving the problem--no one believes that, except maybe a few ideologues who really don't want to solve the problem to begin with.

The bill doesn't ban choke holds. It doesn't back no-knock warrants. It does nothing to stop profiling, the militarization of police or reform, use of force standards, and qualified immunity--all of the things that need to be done, almost none of which are in this bill.

The last piece is particularly surprising. So much of the anger in the country right now is directed at the lack of accountability for police officers who violate Americans' rights. As far as I can tell, the Republican bill does not even attempt one significant reform--not one--to bring more accountability to police officers who are guilty of misconduct.

If you present a bill, as Republicans have here in the Senate, that does nothing on accountability and say they are solving or dealing with the problem in even close to an adequate way, they are sadly mistaken. No one--no one--believes that.

I could spend more time in describing what the Republican bill doesn't do than what it does do. The harsh fact of the matter is the bill is so deeply, fundamentally, and irrevocably flawed, it cannot serve as a useful starting point for real reform.

Don't ask me. Don't ask the Democrats here. Ask the leading civil rights organizations, which have declared their strong opposition not only to this bill but have urged us not to move forward because they know this bill is a sham, a cul-de-sac, which will lead to no reform whatsoever.

Yesterday, 138 civil rights groups sent an open letter to Senators demanding that we vote no on moving to proceed today. I have the letter here.

Vote NO on the Motion to Proceed--S. 3985 the JUSTICE Act

Dear Senators: On behalf of The Leadership Conference on Civil and Human Rights (The Leadership Conference), a coalition charged by its diverse membership of more than 220 national organizations to promote and protect civil and human rights in the United States, and the undersigned 138 organizations, we write to express our strong opposition to S. 3985, the Just and Unifying Solutions to Invigorate Communities Everywhere (JUSTICE) Act. The JUSTICE Act is an inadequate response to the decades of pain, hardship, and devastation that Black people have and continue to endure as a result of systemic racism and lax policies that fail to hold police accountable for misconduct. This bill falls woefully short of the comprehensive reform needed to address the current policing crisis and achieve meaningful law enforcement accountability. It is deeply problematic to meet this moment with a menial incremental approach that offers more funding to police, and few policies to effectively address the constant loss of Black lives at the hands of police. We therefore urge you to oppose the JUSTICE Act and vote no on the motion to proceed when this legislation is brought to the floor. The Leadership Conference will score this vote in our voting record for the 116th Congress.

Abusive policing practices, coupled with devastating state- sanctioned violence, have exacted systemic brutality and fatality upon Black people since our nation's founding. Police have shot and killed more than 1,000 people in the United States over the past year, and Black people are disproportionately more likely than white people to be killed by police. The chronic structural issue of police killings and lawlessness against Black people have escalated to a boiling point in recent weeks following the deaths of individuals like Breonna Taylor, Dreasjon ``Sean'' Reed, George Floyd, Tony McDade, and others. The current protests in our cities are a response not only to the unjust policing of Black people, but also a call for action to public officials to enact bold, comprehensive, and structural change.

That is why, on June 1, 2020, The Leadership Conference sent Congress a letter outlining accountability principles that must be adopted as a baseline to address rampant, systemic, white supremacy in law enforcement across America. In less than 12 hours, more than 450 of this country's most diverse civil rights, civil liberties, and racial justice organizations signed onto that letter because what was asked of Congress aligned with what advocates, policing experts, and other stakeholders agree is needed. The priorities highlighted are not only reasonable but reflect a bare minimum of what must be included in any policing legislation Congress adopts in order for systemic reform to occur.

These priorities are: (1) the creation of a use of force standard that allows force only when necessary and as a last resort; (2) a ban on chokeholds; (3) a ban on racial profiling; (4) the establishment of a police misconduct registry; (5) the inclusion of a ``reckless'' standard in 18 U.S.C. Section 242 that enables federal prosecutors to hold law enforcement accountable for criminal civil rights violations; (6) a prohibition on no-knock warrants, especially in drug cases; (7) the elimination of the judge- made doctrine of qualified immunity, which allows officers and other government actors to evade accountability when they violate individuals' rights; and (8) the demilitarization of law enforcement agencies. This accountability framework is reflected in S. 3912, the Justice in Policing Act of 2020.

Unfortunately, Senate majority leadership ignored these critical policies and introduced the JUSTICE Act, a bill that fails to align with our framework principles and will therefore not bring about the fundamental shift in policing our country needs. The bill does nothing to address current barriers to holding law enforcement accountable, such as abolishing qualified immunity or criminalizing the reckless use of force. It does not address, let alone prohibit, the perverse yet pervasive practice of racial profiling, nor does it include explicit bans on dangerous practices like chokeholds or no-knock warrants. It fails to address the militarization of police or the need for a national standard restricting the use of force, and lacks the national, robust, and publicly available misconduct registry required for true transparency.

Further, the JUSTICE Act provides more than $7 billion of additional federal dollars for law enforcement over the next five years, directly contradicting our coalition's call and that of those marching in the streets to redefine public safety by reducing the footprint of our criminal legal system. Many of the crises that currently involve police responses, and which too often lead to mistreatment and increased mistrust, would be better handled through the addition of health providers, social workers, and others who can meet the needs of communities in a non-punitive manner. Pouring additional funding into a broken system is bad policy. Furthermore, considering the limited financial resources prompted by the COVID-19 pandemic, all policing reform models must reprioritize how limited dollars are spent. The programs authorized by the JUSTICE Act will necessarily mean fewer funds to tackle other issues critical to longlasting safety, such as housing, education, and health care. Millions of people in the United States are calling for these kinds of direct investments into communities, and Congress should heed that call.

Now is the time for Congress to be bold and pass meaningful police accountability reform legislation. A vast and diverse collection of people from coast to coast are calling on lawmakers to prioritize Black communities and protect them from the systemic perils of over-policing, police brutality, misconduct, and harassment. It is your moral and ethical duty to ensure Black people and communities are free from the harm and threats from law enforcement and militarized police responses. It is also your responsibility to ensure that any legislation passed does not just provide lip service to these problems, but fully meets the critical needs of this moment and beyond. Passing watered-down legislation that fails to remedy the actual harms resulting in the loss of life is a moral statement that is inconsistent with a genuine belief that black lives matter. Anything less than full support for comprehensive legislation that holds police accountable is inexcusable. Further, any attempt to amend or salvage the JUSTICE Act will only serve to ``check the box'' and claim reform when, in actuality, no reform has occurred to combat police misconduct and to protect Black lives. For these reasons, we urge you to oppose the JUSTICE Act and vote no on the motion to proceed on this legislation.

Thank you for your leadership in advancing these important policy recommendations. If you have any questions about the issues raised in this letter, please contact Sakira Cook of The Leadership Conference at cook@civilrights.org or The Leadership Conference Justice Task Force co-chairs, Kanya Bennett of the ACLU, kbennett@aclu.org and Hilary Shelton of the NAACP at hoshleton@naacpnet.org. Sincerely,

The Leadership Conference on Civil and Human Rights, A Little Piece Of Light, ActionAid USA, AFGE Local 3354, African American Ministers In Action, Alabama State Association of Cooperatives, Alianza Americas, Alianza Nacional de Campesinas, American Association for Justice, American Atheists, American Civil Liberties Union, American Family Voices, American Federation of Teachers, American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), American Humanist Association, American Indian Mothers Inc., American-Arab Anti-Discrimination Committee (ADC), Americans for Democratic Action (ADA), Amnesty International USA, Arkansas United.

Asian Americans Advancing Justice | AAJC, Atrisco Community, Autistic Self Advocacy Network, Autistic Women and Nonbinary Network, Bazelon Center for Mental Health Law, Bend the Arc: Jewish Action, Black Farmers and Agriculturalists Association, Inc.; Bread for the World, Center for Disability Rights, Center for Law and Social Policy, Center for Responsible Lending, Center for the Study of Hate & Extremism-California State University, San Bernardino; Chi- Town GVP Summit, Church of Scientology National Affairs Office, Clearinghouse on Women's Issues, Climate Reality Project, Coalition of Black Trade Unionists, Coalition on Human Needs, Coalition to Stop Gun Violence, Common Cause.

CommonSpirit Health, Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces; Constitutional Accountability Center, Council on American-Islamic Relations (CAIR), CURE (Citizens United for Rehabilitation of Errants), Daniet Initiative Set Project, Defending Rights & Dissent, Demand Progress, DemCast USA, Democracy 21, Drug Policy Alliance, Earthjustice, End Citizens United // Let America Vote Action Fund, Equal Rights Advocates, Equality California, Farmworker Association of Florida, Feminist Majority Foundation, Government Information Watch, Hindu American Foundation, Hispanic Federation.

Human Rights Campaign, Human Rights First, Immigration Hub, IndivisAbility, Innocence Project, Japanese American Citizens League, Jewish Council for Public Affairs, Joint Action Committee, Justice in Aging, Justice Roundtable, Juvenile Law Center, Kansas Black Farmers Association Inc, Lambda Legal, Landowners Association of Texas, Leadership Conference on Civil & Human Rights, League of Women Voters of the United States, Mennonite Central Committee U.S. Washington Office, Mommieactivist and Sons, MomsRising, MoveOn.

Muslim Advocates, NAACP, NAACP Legal Defense and Educational Fund, Inc.; National Action Network, National Advocacy Center of the Sisters of the Good Shepherd, National Association of Human Rights Workers, National Association of Social Workers, National Center for Transgender Equality, National Council of Churches, National Council on Independent Living, National Domestic Workers Alliance, National Down Syndrome Congress, National Education Association, National Employment Law Project, National Equality Action Team (NEAT), National Housing Law Project, National Latino Farmers & Ranchers Trade Association, National LGBTQ Task Force Action Fund, National Organization for Women, National Partnership for Women & Families.

Natural Resources Defense Council, NETWORK Lobby for Catholic Social Justice, New America's Open Technology Institute, Oklahoma Black Historical Research Project, Inc.; Open Society Policy Center, Oxfam America, People For the American Way, People's Action, Pesticide Action Network, PFLAG National, Prison Policy Initiative, Public Citizen, Public Justice, Rabbinical Assembly, RAICES, Restore The Fourth, Rural Advancement Fund of the National Sharecroppers Fund, Rural Coalition, Silver State Equality-Nevada.

Southern Border Communities Coalition, SPLC Action Fund, Stand for Children, Stand Up America, Students for Sensible Drug Policy, T'ruah, Texas Progressive Action Network, Texas Watch, The Agenda Project, The Black Alliance for Just Immigration (BAJI), The Daniel Initiative, The Sikh Coalition, The Workers Circle, Union for Reform Judaism, United Church of Christ, Justice and Witness Ministries; UNITED SIKHS, United We Dream Action, Voices for Progress, Win Without War, Woman's National Democratic Club (WNDC).

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Mr. SCHUMER. Madam President, I want to ask the American people, I want to ask Republican Senators: Who is a better guardian of the civil rights of African Americans when it comes to police reform--the NAACP or Mitch McConnell?

If this bill were such a good path to reform, why wouldn't civil rights organizations from one end of America to another say: Go forward; maybe we will get something done. Because they know the bill is a ruse, and nothing will get done. That is the way it is designed. Whom do you believe when it comes to civil rights and police accountability--Mitch McConnell or the lawyer for the families of George Floyd and Breonna Taylor? Whom do you believe--the lawyer of the Floyd and Taylor families or Mitch McConnell, whom we have never heard speak on this issue on the floor until the last few weeks? These groups have been speaking about it for decades.

The idea--the idea--that this bill is a step forward when it will lead to nowhere? It will not be. Mitch McConnell keeps saying you can cut the bill off when you don't get your 60 votes. What kind of solution is that, when it is a junky bill, when it is a bill that doesn't go far enough at all? Why don't we put a good bill on the floor that can pass?

Let me read what the Leadership Conference on Civil and Human Rights said. They have had a hand in crafting every piece of meaningful legislation passed in Congress in the last few years.

The JUSTICE Act--

The Republican bill-- is an inadequate response to the decades of pain, hardship, and devastation that Black people have and continue to endure as a result of systemic racism and lax policies that fail to hold police accountable for misconduct. This bill falls woefully short of the comprehensive reform needed to address the current policing crisis and achieve meaningful law enforcement accountability.

Listen to this sentence, from 136 civil rights organizations about this bill that Leader McConnell has put on the floor:

It is deeply problematic to meet this moment with a menial incremental approach that offers more funding to police, and few policies to effectively address the constant loss of Black lives at the hands of police.

Leader McConnell, here is what the civil rights organizations say about your bill. They rip off any cloaking about what this bill really does and what it is. I want to read it again--specifically to our Republican leader, who thinks this is a good bill and a great attempt to go forward:

It is deeply problematic to meet this moment with a menial incremental approach that offers more funding to police, and few policies to effectively address the constant loss of Black lives at the hands of police.

Whom do you believe, America--the Leadership Conference on Civil Rights or Mitch McConnell? Whom do you believe, America--the NAACP or the Republican caucus? Whom do you believe, America--the lawyer for the Taylor and Floyd families or Donald Trump, who has these Members quaking in their boots if they do something that he doesn't like?

That is one of the other reasons we are in such a pickle here. They are so afraid of Donald Trump, who is willing to say overtly racist statements, like ``Kung Flu'' several times yesterday, that they can't even bring themselves to put a bill on the floor that has a modicum of respect from the civil rights community? When you call it ``menial,'' you are not respecting a bill.

The NAACP Legal Defense and Educational Fund, founded by the great Justice Thurgood Marshall--here is what it said. They have been fighting for these things for 80 on years, not 8 days. ``It cannot support legislation that does not embody a strong accountability framework for police officers and [other] law enforcement who engage in misconduct.''

Here is what Benjamin Crump, the lawyer, said: The Republican legislation is ``in direct contrast to the demands of the people'' who have been protesting; and ``the Black Community is tired of lip service, and shocked that the [Republican proposal] can [even] be thought of as legislation.'' That is the lawyer for the Taylor and Floyd families. Leader McConnell has invoked their names--that is the right thing to do--but then deviates totally from what their lawyer says needs to be done to deal with these kinds of deaths. Again, Benjamin Crump, the lawyer for the Floyd and Taylor families: ``The Black community is tired of the lip service, and shocked that the [Republican proposal] can [even] be thought of as legislation.''

Don't get on your sanctimonious horse, Leader McConnell. You have none of the civil rights community behind you.

The most preeminent civil rights groups in our Nation's history are speaking. The lawyer representing the families of Americans who have lost their loved ones at the hands of those who are sworn to protect and serve are speaking. They have one simple, urgent goal, and it has nothing to do with politics.

Leader McConnell accuses what we are doing as being filled with politics. Does Leader McConnell accuse all 138 civil rights organizations of wanting to do this for politics? No, no, no. I think the shoe is on the other foot. I think the politics here is that Leader McConnell wants to show that he is doing something and get nothing done.

He may be afraid of President Trump. He may be afraid of some police organizations. I don't know what it is.

Here is what they say in their letter: ``We therefore urge you''--the Senators--``to oppose the JUSTICE Act and vote no on the motion to proceed.''

I dare the leader to come out here and say they are playing politics-- come right out and say it--because it is false, and we, the Democrats, are aligned with what they believe

This morning, we heard more predictable histrionics from the Republican leader--the accusation of mindless obstruction and outrageous hypocrisy. Leader McConnell should spare us the lectures about how laws get made. He knows how. It is through bipartisanship. The leader talks about bipartisanship and introduces a totally partisan bill and introduces a process where Democrats have had no input. That is partisanship.

Do you want to be bipartisan, Leader McConnell? Sit down, assemble a group--some from your side, maybe Senator Scott, who is greatly respected; some from our side, maybe Senators Booker and Harris, who are greatly respected; and a few others. Let them sit down and come up with a proposal. It does not have to be behind closed doors.

The leader is worried about closed doors? There is something called the Judiciary Committee. It doesn't meet in secret. Why wasn't this bill referred there, where there would be at least something of a bipartisan process? Who is he kidding? Who is he kidding?

You don't want closed doors, Leader McConnell? Send it to the Judiciary Committee. Something as important as this should have gone through that to begin with.

Let me repeat: Republicans came here, dropped the bill on the floor, and said: Take it or leave it. Even if we were to get on the bill, there is no conceivable way to rectify all of its many problems. It is not realistic that we can fix this bill even with a series of amendments because they will require 60 votes, and we will not get 60 on any of them. If they believed in these ideas, as Senator Harris said, they would have put them in the bill to begin with. They didn't.

The Republican majority has given the Senate a bad bill and no credible way to sufficiently improve it. Senator McConnell--cleverly, maybe cynically--designed a legislative cul-de-sac from which no bill-- no bill at all--could emerge. And whether the bill lacks 60 votes now or 60 votes in a few days, we know the Republican leader will accuse Democrats of filibustering and claiming we are the opponents of progress, as he did this morning.

Please, does anyone believe that Democrats are the obstacles to reforming our police departments? Does anyone believe that? We announced a much bolder, stronger, better, more effective bill 3 weeks ago. And, unlike the Republican legislation, the Justice in Policing Act will actually pass a Chamber of Congress. When it passes the House, the Nation is going to say to Leader McConnell: Get something moving in the Senate. And Leader McConnell knows, and everyone in this body knows, that you have to do that in a bipartisan way. That is how the Senate has always worked and still does.

Senate Republicans and their President, who proclaims we should cherish the memory of Confederate traitors who fought to preserve slavery, who gleefully called the coronavirus ``Kung Flu,'' with hardly a word of criticism from his party, expects you to believe that Republicans are, all of a sudden, the true champions of racial justice and police reform? That is what Senate Republicans want America to believe, and America ain't buying it.

The same Republican majority that has demonstrated a complete lack of urgency to address the public health and economic crises that are devastating Black America, the same Republican majority that has refused time and again to call out President Trump's bigotry and intolerance, the same Republican majority that has run a conveyor belt of anti-civil rights votes for judicial nominees, including one today-- today, the very same day we vote on policing reform--wants you to believe that all of a sudden they want to get something done. As they say in Brooklyn, forget about it.

When you hear President Trump and Senator McConnell trying to cast blame for lack of progress on police reform, I have three words for you: Consider the source. Look at their history. Look at what they have done. Look at just today. Leader McConnell proudly brags that he is putting someone on the Fifth Circuit who has opposed voting rights for his whole career. That is who wants to move things forward? I doubt it.

Here is the truth. Senator McConnell has been around a long time and knows how to produce a workable outcome in the Senate if he really wants to. We have done it before on criminal justice reform, on annual budgets, on the national defense bill, and on the lands package we just passed.

Even on difficult issues like immigration, the Senate can function if the leadership allows it to. In 2013, a bipartisan group of Senators produced compromise immigration legislation that garnered two-thirds of this Chamber on immigration, no less. What do bills that pass have in common? Bipartisanship, sponsorship, and support. What does this bill have? Only partisan support. Not a single Democrat supports this bill, their bill.

While I certainly feel obligated to point out the contradictions and hypocrisy in the Republican leader's statements and history, I am not dismayed by the likely failure of the Republican bill today. All is not lost. There is a better path and one we should take once this bill fails to go forward.

After this bill goes down, there should be bipartisan discussions with the object of coming together around a constructive starting point for police reform. Leader McConnell can pick a few of his Members as negotiators. I could designate a few from our caucus. They can sit down, talk to one another, and find a bill that we are ready to start debating. We could send that bill to the committee and have an open process, as it would be refined. This is an important issue.

That, Leader McConnell, is what successful legislating will be. I have no doubt that we could come up with a bill that is ready for the floor in a few weeks. We know how to do this. But in the rush to get this issue off their backs, to check some political box and move on, my Republican colleagues have forgotten or are simply ignoring everything they know about how the Senate works.

My hope, my prayer is that after this bill fails today, after Leader McConnell's path reaches its preordained dead end, we can start down the path of bipartisanship--real bipartisanship--not a bill designed to be put on the floor by one party.

If Americans of all ages and colors and of all faiths can join together in a righteous chorus calling for change, as they have in big cities and small towns across America, then we in the Senate can at least try to come together to deliver it--Democrats and Republicans working together to solve an age-old problem that is a deep wound in America.

These past few weeks have magnified a very old wound in our country. The binding up of that wound is a project that demands more from all of us: Black Americans, White Americans, police departments, and the protesters in the streets--Democrats and Republicans.

So, please, let us not once again retreat to our partisan corners after today's vote. Let us appeal, instead, to the better angels of our nature, reach out to one another, Democrats and Republicans, and try to forge a path forward together.

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