Providing for Consideration of H.R. for the People Act of Providing for Consideration of H.R. George Floyd Justice in Policing Act of and for Other Purposes

Floor Speech

By: Tom Cole
By: Tom Cole
Date: March 1, 2021
Location: Washington, DC

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Mr. COLE. Mr. Speaker, I thank the distinguished gentleman from New York (Mr. Morelle), my very good friend, for yielding me the customary 30 minutes, and I yield myself such time as I may consume.

Mr. Speaker, today's rule covers two items, both of which will be familiar to Members who were here during the 116th Congress. We are once again considering H.R. 1, a bill that nationalizes our election system and substitutes Washington's judgment for a key responsibility of our States in the administration of free and fair elections. We are also considering H.R. 1280, the George Floyd Justice in Policing Act.

Unfortunately, despite its title, H.R. 1 has nothing at all to do with the people. It is, instead, a bill about preserving the present Democrat majority. It is a bill by Democrats for Democrats. Though the majority claims this bill is about reforming our political system, the reality is that most of the changes in this bill, if enacted into law, would be to benefit the majority to the detriment of the minority.

The most egregious of these provisions are those dedicated to changing our national system of campaign finance. Now, in general, I think this is a worthy goal, but the majority's proposed solution does not make much sense. The majority is proposing to create a new federally funded campaign ATM using corporate fines, ensuring that certain candidates will receive millions of dollars just for running a campaign.

My colleagues in the majority have bemoaned the massive amount of money that has been entering into our campaign system over the past few decades, yet their proposed solution is to dump corporate dollars into the system.

In what world does this make sense?

Even Democrats know what a flawed program this is, which is why today's rule also includes a provision to allow Members of Congress to opt out of this program. Before this bill was even passed by the House, Democrats were already running from it. They should just keep running and pull this bill from the floor.

Other proposed changes in this bill are just egregious. Wherever possible, the majority is attempting to impose one-size-fits-all systems from Washington onto the States. It does this with a one-size- fits-all voter registration system, including forcing States to provide same-day voter registration whether they want to or not.

It takes away the power of the States to choose how to redistrict, forcing them to adopt Washington-imposed ``independent redirecting commissions,'' something that less than 20 percent of the States who undertake redistricting actually do.

These provisions impede the traditional power of the States to control their own elections. As a former secretary of state and election official in my home State of Oklahoma, I find these changes to be particularly concerning.

But what is worse, H.R. 1 also includes severe restrictions on free speech and repeals the Lois Lerner rule, a rule put into place after the IRS began targeting the speech of conservative organizations in determining whether or not they would qualify for tax exempt status. If enacted into law, these provisions would reweaponize the IRS and limit the abilities of organizations, corporations, and individuals to freely exercise this most-important right guaranteed under the Constitution.

How the majority can claim that this bill is for the people when they are blatantly restricting the people's right to free speech is beyond my understanding.

Mr. Speaker, what the majority is attempting today is egregious. Changing the national campaign finance system to benefit themselves, taking traditional powers away from the States, and restricting the right of free speech are all part of an unprecedented power grab.

I strongly urge the majority to change course, and I urge my colleagues to reject this terrible bill.

Today, we are also considering H.R. 1280, the George Floyd Justice in Policing Act. As with H.R. 1, this bill will be familiar to our returning Members, as the House passed an identical bill last summer.

Unfortunately, while I think this bill is well-intentioned, it, too, is misguided. Reforms contained in H.R. 1280 will do more harm than good. I do not doubt the majority's good intentions with this legislation.

The George Floyd Justice in Policing Act came about following the tragic events of last summer. George Floyd's death demonstrated what so many Americans know only too well, that abuses of power clearly exist and must be grappled with.

And while the overwhelming majority of law enforcement officers faithfully and bravely carry out their duties and responsibilities each day, all too often many Americans receive different treatment due to the color of their skin. Americans across the country rightly condemn this horrific and unacceptable act.

Unfortunately, rather than choosing to come together to legislate in a bipartisan manner, the majority chose to take the exact opposite course last summer, and we are once again considering the same flawed and deeply partisan bill we considered then and that the Senate failed to take up. I believe this bill will face the same result, should the House pass it again this week.

During the last Congress, when the Judiciary Committee met to mark up this bill, the majority completely shut out Republicans from the process. Republicans made good-faith attempts to work with the Democrats to find common ground on needed reforms, yet every single one of these attempts were rejected.

This year, the majority has not even deigned to bring this bill to a markup in the Judiciary Committee, and, once again, the majority has shut Republicans out of the process.

This is no way to legislate on an issue that is this important, Mr. Speaker. Republicans and Democrats alike agree that reforms are necessary. We all watched the tragedy of George Floyd unfold last summer and we all watched the resulting protests. We all agree that action is necessary. But rather than working together in the best interest of the American people, the majority is once again telling Republicans that they can only have a Hobson's choice. They can take the Democrats' bill or they can take the Democrats' bill with no other options.

But I, along with my fellow Republicans, reject that idea. We fully recognize the critical need for reform. My colleagues, both in the House and in the Senate, have put together our own package, the JUSTICE Act, filled with bipartisan reforms that could pass both the House and the Senate and be signed into law quickly. These reforms include critical measures, like providing funding for body cameras for police officers, requiring deescalation procedures, and banning choke holds.

My colleague, Representative Stauber, offered this as an amendment at the Rules Committee earlier today, but, once again, the majority chose to shut out Republicans and refused to make this amendment in order.

That is a sad state of affairs, Mr. Speaker, but the real losers here are the American people. This is an issue we can and should cooperate on. I urge my colleagues in the majority to rethink the path they are on. On an issue that is this important and this critical to the American people, the very best thing we can do is work together. And with a reduced majority, I think that would actually be good political advice for my friends.

We can work on bipartisan reforms together and we can produce consensus legislation that has the buy-in of Members on both sides. Unfortunately, the majority has once again chosen the opposite path: Partisan bills filled with provisions that do not reflect the best interest or consensus of the country.

We can do better than that, Mr. Speaker. The American people deserve better.

Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I thank Ranking Member Cole and the Committee on Rules. It was a fun day up there for a few hours.

This nearly 800-page bill that, if signed into law, would impact millions of Americans' right to vote and to participate in the political process, was introduced on January 4 of this year. And the first and only hearing on H.R. 1 was held just 4 days ago, in the smallest committee in Congress.

Democrats on the Committee on House Administration also decided a markup of this bill wasn't needed, despite the fact that both the bill itself and the membership of our committee have changed since last Congress. This is especially concerning since Democrats changed House floor rules this Congress to weaken the MTR, making committees the only real opportunity for the minority to provide an alternative. But now, they are not even doing that. They are not even holding a markup on this major elections bill.

This bill was rushed. And I guarantee most of my colleagues supporting this bill have no idea how this bill would really impact elections or political speech. But I bet they do know that if this bill were to become law, they would get a lot more funds for their own campaigns through the public financing provision.

H.R. 1, the for the politicians act, includes hundreds of pages of mandates on States and local election administrators. At the only hearing Congress has held on this massive bill, the minority's witness was the only person on the panel with experience in actually running elections. And he told this committee that it would be unworkable in States like his.

Mr. Speaker, we should be reviewing the issues that we saw during the 2020 election cycle and helping States develop a better process. Simply mandating how States run their elections is not only unconstitutional, but it will lead to chaos and confusion for voters.

The for the politicians act creates a first-ever fund to publicly finance our own congressional campaigns by providing corporate money, the first corporate dollars allowed into individual Members of Congress' campaigns since 1907, laundered through the Federal Government and into Members of Congress' own campaigns.

Provisions in this bill also attack free speech protections under the First Amendment. We did not have any hearings on the impact of changing the current bipartisan balance of the Federal Election Commission to a partisan makeup or the effect that a ``speech czar'' will have on people's ability to participate in the political process.

Mr. Speaker, this bill is terrible. This bill doesn't address the important issues that deserve hearings. Any bill to fundamentally change our elections or restrict our freedom of speech needs--at the very least--to go through regular order. The American people deserve to know what is in this bill and the real-life impact it will have on them.

Mr. Speaker, I urge a ``no'' vote on the rule and on the underlying bill, and I figure my time has expired since you have the gavel.

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Mr. COLE. Mr. Speaker, my friend and I disagree on the two pieces of legislation today, but we absolutely agree that the Committee on Rules' meeting was not fun.

Mr. Speaker, just quickly to my friend from New York, I wasn't here, and he wasn't here, but our friends thought to challenge in this Chamber the election in 2001, after 2000. I was here in 2004 when they challenged a State and demanded a recount. Then, I was here in 2017 when my friends on the other side sought to challenge 10 different States. So, let's not act like this is somehow unusual.

Mr. Speaker, another part of today's rule includes a provision to deem passed a correction to last week's budget reconciliation measure. Given that the majority now wishes to reopen last week's reconciliation, it is certainly appropriate to further amend that resolution to correct one of the more egregious provisions in it.

If we defeat the previous question, I will offer an amendment to the rule to immediately adopt H. Res. 178, an engrossment correction to strike funding in the budget reconciliation bill for the Pelosi subway tunnel in California and instead direct the $140 million to support mental health and suicide prevention in States where children do not have the option of in-person instruction in school.

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Mr. COLE. Mr. Speaker, I urge a ``no'' vote on the previous question.

Mr. Speaker, obviously, I oppose the rule. The majority is proposing two significant pieces of legislation today that are, unfortunately, both deeply partisan. In neither case has the majority allowed Republicans to be involved in the process of legislating.

Mr. Speaker, on H.R. 1, the majority is proposing a deeply troubling takeover of election practices that will benefit only Democrats. The bill will take away the traditional powers of the States to run their own elections as they see fit, imposing a one-size-fits-all regime from Washington.

It dumps huge amounts of corporate money into the campaign finance system, particularly benefiting certain candidates. It imposes severe restrictions on free speech that are anathema to a free and fair election.

On H.R. 1280, the majority is once again seeking to pass the same flawed police reform bill it passed last Congress.

Mr. Speaker, we had a real opportunity here for both Democrats and Republicans to work together to pass real reforms for the American people. Instead of taking ``yes'' for an answer, the majority is instead seeking to impose a deeply partisan bill that will not fix the problems or help heal the American people.

Mr. Speaker, we deserve better than that. The American people are best served when their Representatives in Congress can come together and work in a bipartisan manner. One side attempting to impose partisan legislation on the country does us all a disservice.

Mr. Speaker, I urge my colleagues to rethink this path, reject both of these bills, and return to the negotiating table and work with Republicans for a brighter future for all Americans.

Mr. Speaker, I mean this with all sincerity. There is a great gap between us on H.R. 1. We just simply look at this matter differently. I think it is egregious partisan overreach. On H.R. 1280, there really is an opportunity for bipartisan cooperation. The JUSTICE Act that Mr. Stauber filed last year and presented today as an amendment has a great deal in common with some of the objectives I know my friends want to achieve on their side of the aisle.

Mr. Speaker, in an almost evenly divided House and an evenly divided Senate that still has the filibuster, you can't do things by reconciliation every day. Most days, to get much done, it is going to require bipartisan cooperation.

We often say that never happens. The reality is it happens a lot more than people acknowledge. Five times last year we came together as Republicans and Democrats and passed COVID relief packages that made a big difference in this country. We also passed the spending bill on a bipartisan basis that funded the government for this entire fiscal year. We did that in the middle of a Presidential election year that was extraordinarily divisive.

Mr. Speaker, we can work together. I would ask my friends to rethink the course of the reconciliation bill and now these two pieces of legislation and start thinking about where we can actually get things done. I think the George Floyd bill, H.R. 1280, is one of those places. I also think the appropriations process can be one of those places. We can probably even find some common ground on some of the electoral issues, although personally, in my view, H.R. 1 is a very flawed piece of legislation.

Mr. Speaker, I want to thank my friend from New York for the debate and tell him that, despite our disagreements on these two pieces of legislation, I look forward to working with him. I don't think either of these are likely to get through the United States Senate. I do think we can get a product back from the United States Senate that both of us might be able to vote for, in terms of police justice and overhaul. We will wait and see what happens with H.R. 1. I am less optimistic we will ever see it again, but I am happy to say good-bye to it out of this Chamber.

Mr. Speaker, I urge rejection of the rule and I urge rejection of both underlying pieces of legislation.

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Mr. COLE. Mr. Speaker, on that I demand the yeas and nays.

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Mr. COLE. Mr. Speaker, on that I demand the yeas and nays.

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