Member of Congress
Jerrold Nadler
- Role
- Current Representative
- State
- NY
- Party
- Democrat
Speeches
MAKING REVISIONS IN TITLE 5, UNITED STATES CODE AND MAKING TECHNICAL AMENDMENTS TO IMPROVE THE UNITED STATES CODE2021-12-01
Mr. NADLER
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, to date, 27 of the U.S. Code's 54 titles have been enacted into positive law, which means that the text of these titles is itself the law, while the remaining titles are nonpositive, meaning that they organize Federal statutes for users' convenience but do not themselves have the force of law. This legislation and the next bill we will consider represent recent efforts by the Office of the Law Revision Counsel to keep positive-law titles in the Code up to date. Because positive-law titles are the law itself, they must be amended by law when Congress passes new statutes that belong within the titles because of their subject matter. H.R. 5961 would make revisions to title 5 of the Code, which relates to government organization and employees, to account for three important government accountability laws that were adopted in the 1970s: The Federal Advisory Committee Act, the Inspector General Act, and the Ethics in Government Act. Since these laws were adopted after title 5 became positive law, OLRC had placed them in an appendix to title 5, which made citation to them awkward and confusing. H.R. 5961 eliminates this appendix by creating three new chapters for these three laws within the body of title 5 itself. Like the other codification bills we have considered, the statutory changes made by this bill are purely technical in nature, and they do not change the meaning or effect of any existing laws. I thank the gentleman from Colorado (Mr. Neguse) for introducing this legislation. I urge all Members to support it, and I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I appreciate the gentleman from Colorado (Mr. Neguse) for his leadership in introducing this legislation. I urge everyone to support it, and I yield back the balance of my time.
MAKING REVISIONS IN TITLE 51, UNITED STATES CODE AND MAKING TECHNICAL AMENDMENTS TO IMPROVE THE UNITED STATES CODE2021-12-01
Mr. NADLER
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5982) to make revisions in title 51, United States Code, as necessary to keep the title current, and to make technical amendments to improve the United States Code.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, as I explained during consideration of H.R. 5961, this bill is part of the Office of Law Revision Counsel's ongoing effort to keep positive-law titles of the U.S. Code up to date. H.R. 5982 would make revisions in title 51 of the Code, which covers national and commercial space programs. Since it was created as a positive-law title in 2010, Congress has adopted several important reforms to the subject matter of title 51. Some of these new laws were placed into the nonpositive title 42, covering public health and welfare, while OLRC located others in notes to title 51. H.R. 5982 incorporates these recent statutes into the body of title 51 itself. I thank the gentlewoman from Minnesota (Mrs. Fischbach) for introducing this legislation. I urge all Members to support it, and I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I appreciate the gentlewoman from Minnesota (Mrs. Fischbach) for her leadership in introducing this legislation. I also appreciate the comments of the gentleman from California (Mr. Issa) on bipartisanship. In this era, when the press portrays us as constantly at each other's throats, when the public gets the impression that we never work together, that Congress is totally broken, the fact of the matter is, we often work together and we often pass bipartisan legislation. It doesn't get the publicity. It is not as exciting as when we fight amongst ourselves. The press doesn't report it, but it is vital to the success of the United States. I congratulate all involved with this legislation, and in particular Mr. Issa and the others on the Judiciary Committee who have worked so hard on these bills. I urge everyone to support them, and I yield back the balance of my time.
IN RECOGNITION OF ROSALIND JACKSON AND HER SERVICE TO THE HOUSE JUDICIARY COMMITTEE2021-11-30
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise--along with Hank Johnson, Chair of the Subcommittee on Courts, Intellectual Property, and the Internet--to thank Rosalind Jackson for her decades of service to the Committee on the Judiciary. The House of Representatives has been fortunate to benefit from Rosalind's service during two separate stints. When the public watches a congressional hearing or markup, they often do not know all of the work that goes into making those events come to fruition. For our Committee, we have been fortunate to have Rosalind working behind the scenes to ensure they go smoothly. From sending out notices and witness invites to compiling witness bios, working the timer, and getting committee reports and transcripts printed, Rosalind has played a key role from start to finish on more than a hundred hearings and markups during her time here. She has also performed an invaluable service in helping the Committee to save and archive its records each Congress. While Rosalind has supported numerous Subcommittees, as well as the full Committee, over the years, she has worked especially closely with the Subcommittee on Courts, Intellectual Property, and the Internet. In this role, she played a critical role in supporting the Subcommittee staff as they worked on complex legislation, such as, among other things, the Digital Millennium Copyright Act, the PRO-IP Act, the Innovation Act and the America Invents Act--indeed every major copyright and patent law enacted over the last 15 years and earlier. Her active involvement has continued through the Committee's consideration several months ago of the SHOP SAFE Act as well. Rosalind's dedication to public service, institutional memory, and work ethic have been a tremendous gift to the Committee over the years. Her warmth and kindness have not only served her well in developing good relationships across the Capitol but have created a welcoming environment for every staff member, Member of Congress, witness, intern, and visitor who has had the benefit of interacting with her. Rosalind is a team player who is always willing to help out however is needed. We will miss her deeply on the Committee, but we are excited for her as she enjoys retirement after a career in public service. Our country is fortunate to have had Rosalind working in Congress these past decades. We thank Rosalind for her service to the Committee and wish her the best of luck with this new chapter.
IN RECOGNITION OF MARY BETH WALKER AND HER SERVICE TO THE HOUSE COMMITTEE ON THE JUDICIARY2021-11-30
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise--along with Hank Johnson, Chair of the Subcommittee on Courts, Intellectual Property, and the Internet--to thank Mary Beth Walker for her service to the Committee as a counsel detailed from the U.S. Patent and Trademark Office to the Subcommittee on Courts, Intellectual Property, and the Internet. Over the past two-and-a-half years, Mary Beth has helped the Committee achieve a great deal. This includes the passage last Congress of the Trademark Modernization Act, which, among other things, responded to the growing number of fraudulent trademark applications as well as the documented large number of unused marks on the register by creating two new ex parte proceedings to remove registered trademarks that were not in use when the application was made, or had never been used. This will help those seeking new registrations, like small businesses, have a better chance at obtaining a strong trademark of their initial preference. Mary Beth was also instrumental in advancing the SHOP SAFE Act in this Congress. This bill seeks to address the scourge of counterfeits being sold by third parties on online e-commerce platforms by reforming a decade-old liability structure established by case law rather than Congress. Mary Beth worked tirelessly with stakeholders and other Congressional staff to try to ensure that the bill strikes the right balance to make a meaningful difference in reducing the number of counterfeits being sold to unsuspecting consumers. Mary Beth has shown herself to be a dedicated public servant and a true team player, willing to help out on other hearings and intellectual property issues that came before the Committee. We will miss her greatly, but we are glad that her expertise will remain in service to the public with her return to the U.S. Patent and Trademark Office as an Associate Solicitor. We thank Mary Beth for her service to the Committee and wish her the best of luck with the next chapter in her career.
BUILD BACK BETTER ACT2021-11-19
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise today in support of the Build Back Better Act, a once-in-a-generation investment to lower the everyday costs that burden working families and adequately address the climate crisis. This bold, progressive bill at the core of President Biden's Build Back Better agenda will have a positive impact on every single American family. The legislation delivers the largest investment in childcare and early education in history. Build Back Better is estimated to provide access to childcare for nearly one million young children in New York. I am proud that the bill also provides universal, high-quality, free preschool for every 3- and 4-year-old in America. Today, only 25 percent of young children in New York have access to publicly funded preschool, and the costs for those that can't enter publicly funded programs are often crippling. I am thrilled that nearly 300,000 young children in New York will now be able to attend preschool. The bill also will provide over two million students in New York with resources to purchase school meals. The Build Back Better Act will also improve the lives of working families by expanding rental assistance and affordable housing, establishing paid family and medical leave, extending the Child Tax Credit, extending the American Rescue Plan's Earned Income Tax Credit, and finally addressing the unfair SALT Deduction caps. I am also pleased that this historic legislation will lower prescription drug costs for millions of Americans by finally negotiating lower drug prices for seniors, stopping outrageous price hikes in prescription drugs, setting a new $2,000 cap on out-of-pocket prescription costs for seniors, and capping the cost of life-saving insulin at $35 per month. The bill will further lower health care costs for Americans by passing the largest expansion of the Affordable Care Act in a decade to make coverage more affordable, expanding Medicaid coverage and eligibility, and expanding access to affordable home care for older adults and those with disabilities. Finally, I am incredibly proud that the Build Back Better Act contains the single largest investment to combat the climate crisis in human history. This historic bill includes a $500 billion investment in clean energy and climate to cut greenhouse pollution by well over one gigaton in 2030, reduce home energy costs, create hundreds of thousands of high-quality jobs, and advance environmental justice for those communities on the frontline of the climate crisis. The bill will also provide a vital boost to New York's climate resilience and preparedness efforts to safeguard the city from future Superstorm Sandy level storms. Best of all, the historic investments included in the Build Back Better Act are not only fully paid for, the Treasury Department estimates that the bill will reduce the deficit by over $100 billion over a decade. This historic legislation will ensure that our workers and families are no longer held back by high costs or lack of access. For too long, we have failed to invest properly in everyday people. Instead, we have allowed big corporations and the wealthy to access all the resources this Nation has to offer without paying their fair share. This stops here. By passing President Biden's agenda into law, we have set our Nation on a course to meet its climate goals, create millions of good- paying jobs, relieve working families struggling to afford the growing costs of raising children, and grow our economy. I urge my colleagues to vote yea on this transformative legislation.
HONORING JANICE SIEGEL ON HER RETIREMENT2021-11-18
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise to honor the work and dedication of my longest-serving congressional staff person--Janice Siegel. Janice worked with me and a small group of people on the brief but intense campaign to fill the vacancy left by Ted Weiss in 1992. She came with me to Washington, D.C., to set up my office and staff for my first term and stayed with my office for 29 years. As my Director of Operations, Janice provided sound advice on complicated budget, ethics, and personnel matters. Her careful, methodical approach to financial matters has served the office well and has saved us tens of thousands of dollars over the years. Janice also managed my D.C. schedule for more than twenty years, made countless train/plane/and hotel reservations for me, and tracked every penny of our Members' Representational Allowance. Perhaps most importantly she made sure we never overspent our MRA, and, therefore, I was never asked to pay for any office expenses from my own pocket. I thank her for that. Janice also coordinated numerous office moves over her career in the House and worked on everything from the color of the carpet, walls and drapes, to the purchasing of equipment, and movement of phones and computers throughout the House complex. She was well known throughout the House by the many hundreds of people she worked with on all these matters over the years. Janice not only served my office well, but she was a real asset to the House of Representatives as a whole and helped with numerous House- wide initiatives to make the House operate more efficiently and effectively. Janice founded the Professional Administrative Managers (PAM) organization, and as its leader she organized a number of large meetings which brought staff together with House Administrative officials to discuss the implementation of new policies and procedures related to House operations. In addition, she worked with the Office of the Inspector General to create a ``Financial Administrators Curriculum'' which is now offered by the Congressional Staff Academy. Her organization included offices from both sides of the aisle and its influence was felt by the leaders of House Administration who frequently sought input and advice from the group. She was in regular contact with the various Chief Administrative Officers (CAO) of the House, the C.F.O., and the Directors of Payroll during her time on the Hill. These relationships gave her access to information and resources that were very helpful to our office. On another note, Janice has always cared about me personally, about my reputation, and especially about my personal safety. Over the years, Janice made sure the Capitol Police were aware of the threats against me and took additional steps to enhance my safety. She has had my interests in mind as she made spending and ethics decisions and was driven by a strong sense or right and wrong that kept me out of trouble for her entire tenure. As she was fond of saying, her job was to keep me OUT of the news. Meaning, she never wanted there to be a news story that we were not running the office ethically or in a financially sound manner. Finally. Janice is a compassionate, caring person who has a touch for and a real understanding of the importance of nice gestures. She takes the initiative to make suggestions for reaching out to people, especially when they are sick or someone close to them has recently passed away. She is thoughtful and considerate of others when it matters most. I appreciate all she has done over the years to connect with people facing trying times. I would be remiss if I did not mention Janice's family and her husband, Frank Mumford. Janice is a wonderful daughter, sister, and wife and mentioned her family often while at work. She cared for her father when he became ill and moved into her home, and helped her sister get the help she needed to get treatment for cancer. She and Frank supported each other through tough times and were always there for one another. She is lucky to have Frank by her side. Janice herself is a breast cancer survivor and she worked in our office all through her own treatment. She faced the diagnosis bravely and unafraid. She has always been a strong supporter of breast cancer research and funding and was always looking for ways for us to get involved and be supportive of the cause. We know that the loss of her mother to the disease when she was just a child affected her deeply. We imagine her mother would be proud to see her daughter working in Congress, supporting efforts to increase funding for breast cancer research, working for a Member from New York City, and doing so with such distinction and for such a long period of time. I know I am proud of the work she has done for us and want to sincerely thank her for everything she has done for me. We will miss Janice. We wish her all the best in her retirement.
RECOGNIZING BEN HERNANDEZ-STERN AND HIS SERVICE TO THE HOUSE JUDICIARY COMMITTEE2021-11-12
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise, along with my colleague, Congresswoman Sheila Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security, to thank Ben Hernandez-Stern for his service to the Committee on the Judiciary. Ben came to the Committee as part of a career focused on serving his country, which has included service in the National Guard, Air Force, Federal courts, Department of Health and Human Services, and Department of Justice. Ben received his B.A. from Brown University, J.D. from Stanford Law School, and M.A. from the U.S. Naval War College. Ben joined our Subcommittee on Crime, Terrorism, and Homeland Security as Counsel in 2019 and played a critical role in advancing the Subcommittee's priorities during the 116th Congress and the beginning of the 117th Congress. In the wake of an increase in hate crimes and gun violence, Ben played a leading role in the Subcommittee's work to address these crises. His portfolio included a wide range of issues, such as reforming our bail system, addressing fines and fees that disproportionately impact the poor and people of color, improving access to justice, and addressing domestic terrorism. Ben is a team player, who was always willing to help out however needed. During the impeachments of President Donald Trump, Ben aided our oversight team--in addition to continuing to work on his broad policy portfolio--in our solemn duty to hold President Trump accountable for his impeachable offenses. Ben's service to the country, however, wasn't limited just to his work on the Committee during the past few years; he also continued to serve as a Judge Advocate in the U.S. Air Force Reserve, deploying numerous times to serve his country in this additional capacity. Ben's work on the Committee, to make our laws more just, has left a lasting impact on our country. In addition, Ben played a key role in developing the next generation of public servants. During his time on the committee, Ben mentored dozens of interns, both on and off his Subcommittee, providing them with assignments, valuable feedback, and guidance. Many of these interns went on to obtain full-time positions in the government thanks to Ben's mentorship. While Ben's career at the House Judiciary Committee has come to a close, his career as a public servant has not. Ben was nominated and is now serving as a Judge in the Los Angeles County Superior Court. The California judiciary is fortunate to have such a strong advocate for justice on its bench. We thank Ben for his service to the Committee and wish him the best of luck with this new chapter.
RECOGNIZING MONALISA DUGUE AND HER SERVICE TO THE HOUSE JUDICIARY COMMITTEE2021-11-12
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise, along with my colleague, Congresswoman Sheila Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security, to thank Monalisa Dugue for her nearly five years of service to the Committee on the Judiciary. Monalisa came to the Committee after spending more than a decade with the Public Defender's office in Chicago and several years working for non-profits and as a consultant. Before starting her career, Monalisa received her B.A. from DePaul University and her J.D. from Valparaiso University School of Law. Monalisa joined the Committee in 2017, as Deputy Chief Counsel of our Subcommittee on Crime, Terrorism, and Homeland Security. Since then, she has played an indispensable role in working to reform our criminal justice system. As Deputy Chief Counsel, Monalisa worked on a broad range of issues, including criminal justice reform, juvenile justice reform, and Tribal justice--including addressing the crisis of missing and murdered indigenous women. Monalisa has been instrumental in the House's work to reauthorize the Violence Against Women Act, to pass the George Floyd Justice in Policing Act, to enact the First Step Act, and to fund evidence-informed strategies to reduce community violence and fund community violence intervention programs that address the cycles of violence in communities. Monalisa's work in the committee has had a lasting impact on the American people. She has played a key role in passing numerous bills into law, some of which include the VOCA Fix to Sustain the Crime Victims Fund Act, the Not Invisible Act, Savanna's Act, the Debbie Smith Reauthorization Act, the Commission on the Social Status of Black Men and Boys Act, and the Strengthening the Opposition to Female Genital Mutilation (STOP FGM) Act. Throughout all of her work, Monalisa brought her commitment to justice and equity and her tireless work ethic. Our committee, Congress, and the American people greatly benefited from her wisdom, experience, and contributions. Our country is a better place because of the mark Monalisa has left on it. While we will miss Monalisa greatly, we are glad she is not going far, as she will be continuing her public service career as Chief of Staff to Senator Whitehouse. We thank Monalisa for her service to the Committee and wish her the best of luck with this new chapter.
RECOGNIZING CHRISTINE LEONARD AND HER SERVICE TO THE HOUSE JUDICIARY COMMITTEE2021-11-12
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise along with my colleague, Congresswoman Sheila Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security, to thank Christine Leonard for her service to the Committee on the Judiciary. Christine came to the Committee as part of a career focused on judiciary and criminal justice issues. Before joining the Committee as Counsel, Christine had a long history of working closely with the Committee in various roles, including as Counsel to Rep. Delahunt, Senior Counsel to Sen. Ted Kennedy, Director of the Office of Legislative Affairs at the Office of National Drug Control Policy, as the Director of the Vera Institute of Justice's DC Office, Executive Director of the Coalition for Public Safety, and as Director of the Office of Legislative Affairs at the U.S. Sentencing Commission. Christine received her B.A. and J.D. from Boston College. Christine joined our Subcommittee on Crime, Terrorism, and Homeland Security as Counsel in 2020 and has played an integral role in our prison and drug enforcement reform work. Among other things, she also played a critical role in helping to advance my bill, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act--which would reverse failed federal policies criminalizing marijuana and would take steps to address the heavy toll this policy has taken across the country, particularly among communities of color--through the Committee. The Committee and the country at large have benefited greatly from Christine's dedication to reforming our criminal justice system and ensuring our laws are equitably applied. We will greatly miss her strong work ethic and passion for justice, as she takes the next step in her career. We thank Christine for her service to the Committee and wish her the best of luck with this new chapter.
RECOGNIZING TIEFFA ``TI'' HARPER AND HER SERVICE TO THE HOUSE JUDICIARY COMMITTEE2021-11-12
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise, along with myy colleague, Congresswoman Sheila Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security, to thank Tieffa ``Ti'' Harper for her service to the Committee on the Judiciary. Ti came to the Committee as a detailee from the Federal Public Defender's Office earlier this year, and she has contributed greatly to the work of the committee. Ti has worked on a broad range of issues, including, among other areas, reauthorization of the Violence Against Women Act, oversight of the Bureau of Prisons, sentencing reform-- including addressing the crack cocaine sentencing disparity through the EQUAL Act--and juvenile justice. The Committee has significantly benefited from Ti's insight as a public defender, her sophisticated legal analysis skills, and her knowledge of the criminal justice system. Ti was able to quickly jump into the work of the Committee when her detail began, expertly analyzing complex legislation, drafting policy options to address some of the most pressing criminal justice issues of our time, and preparing for hearings and markups. The Committee and the American people have been fortunate to have Ti as a strong advocate for a more just legal system during her time working in Congress. While we will miss Ti greatly, we congratulate her on her new position with the Southern Poverty Law Center. We thank Ti for her service to the Committee and wish her the best of luck with this new chapter.
PROVIDING FOR CONSIDERATION OF H.R. 5376, BUILD BACK BETTER ACT; AND FOR OTHER PURPOSES2021-11-05
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise in strong support of the rule and the Build Back Better Act. There are so many important provisions of this legislation, but I want to highlight just a few of the Judiciary Committee's contributions, which invest in our communities, our economy, and our people. We invest in communities by supporting community violence intervention programs, and we invest in our economy by providing resources to the antitrust enforcement agencies for their work to protect competition. We also invest in people by improving our immigration system to provide protections and stability to those who have made significant contributions to our economy. This legislation provides an opportunity for immigrants who have lived here since January 1, 2011, to receive temporary protection from removal, as well as work permits, if they are not inadmissible on criminal, national security, or other grounds. While this is not the permanent protection so many of us wanted, the peace of mind that comes along with protection from deportation is life changing for these people and their families. This legislation will provide security and stability to millions of people, including an estimated 1.6 million Dreamers, 1 million farmworkers, and 2.6 million other essential workers who kept us safe during the pandemic. The bill would also restore the availability of over 400,000 unused immigrant visas lost due to COVID-19 or bureaucratic delay and would enhance green card processing. This historic and transformative legislation makes the investments we need to continue growing our economy and strengthening our communities for many years to come. I urge all of my colleagues to support the rule and the Build Back Better Act.
REMEMBERING MIMI LEVIN LIEBER2021-10-26
Mr. NADLER
Mr. NADLER. Madam Speaker, I rise today to celebrate the life of my good friend Mimi Levin Lieber, a beloved public servant and leader in early childhood education. Mimi devoted her life to her mission of making literacy a right of all children, a passion that led her to launch Literacy Inc. (LINC), an organization in my district dedicated to providing children with a strong foundation of literacy early in life. Through her organization, Mimi was able to touch the lives of so many New Yorkers by taking an innovative community-based approach to learning that addressed the systemic inequalities in our education system. Mimi believed that through reading, everything becomes possible. This conviction served her well while attending the University of Chicago for her Bachelor's and Master of Arts Degrees and, later, training in London to become a pioneer in qualitative research. After completing a fellowship at Harvard's Graduate School for Education, she met her husband for life, Charles Lieber. Charles was a well-traveled, multi- lingual native of the Netherlands who fled the Nazi occupation of Belgium in 1940. Forty years later, he would go on to acquire the Hebrew Publishing Company, the oldest American publisher of Judaica. After moving to New York in 1960, she and Charles raised four children on the Upper West Side. Mimi cherished being a mother and believed raising children was one of the most important, yet undervalued, roles in life. Mimi grew up in a cohesive Jewish community in Detroit, but she quickly became a true New Yorker who looked out for everyone in her community. She served on the synagogue board, Hebrew school board, the Jewish Board of Guardians, and Community Planning Board 7. While doing all this, Mimi, a trained sociologist, also founded Lieber Attitude Research which became one of the first firms to employ focus groups to help companies understand client thinking. This public service and her sociology background led me to nominate her to the New York State Board of Regents, where she served New York students for 15 years. While on the board, she successfully lobbied politicians around the state to make critical investments necessary to tum young children in the five boroughs into learners for life. During her service, she became a breast cancer survivor and spoke openly about her illness when many would not. Mimi never viewed public service as a sacrifice; she believed in the power of community and viewed the ability to serve others as a privilege. One of her sons, Janno Lieber, continued her tradition of public service and currently serves as Acting Chair and CEO of New York's MTA. In her later years, she spent much of her time at her family's countryside retreat in Spencertown, New York and continued to serve on the board of LINC. Her legacy reminds us that we must support and invest in our children's education from the earliest years, when it matters the most, and that universal literacy is critical to sustaining a healthy democracy. Mimi will truly be missed, and she has left her imprint on the thousands of readers she inspired through her advocacy. Mimi is survived by her children, grandchildren, and members of her LINC family. May her memory be a blessing.
ELIMINATING A QUANTIFIABLY UNJUST APPLICATION OF THE LAW ACT OF 20212021-09-28
Mr. NADLER
Mr. NADLER. Mr. Speaker, I have no further speakers, and I am prepared to close.
Mr. NADLER. Mr. Speaker, the EQUAL Act of 2021 represents an important step in our efforts to reform the criminal justice system. I thank Representatives Jeffries, Scott, Armstrong, and Bacon for their leadership in introducing this important legislation and for assembling a broad and bipartisan coalition of stakeholders in support of the bill, including the Department of Justice and advocacy groups that span the entire ideological spectrum. Mr. Speaker, I strongly urge my colleagues to join me in supporting this bipartisan bill today, and I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1693) to eliminate the disparity in sentencing for cocaine offenses, and for other purposes, as amended.
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 1693.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 1693, the Eliminating a Quantifiably Unjust Application of the Law Act of 2021, or the EQUAL Act, would eliminate the unjust sentencing disparity between crack cocaine and powder cocaine offenses. This long overdue bipartisan legislation would allow defendants who were previously convicted or sentenced for a Federal offense involving crack cocaine to petition for a sentence reduction. In 1986, Congress passed the Anti-Drug Abuse Act, which created mandatory minimum penalties for drug offenses and introduced the 100:1 sentencing disparity between crack cocaine and powder cocaine offenses. This meant that a person who distributed 5 grams of crack cocaine received the same 5-year mandatory minimum sentence as a person who distributed 500 grams of the powder cocaine. A person who distributed 50 grams of crack cocaine received the same 10-year mandatory minimum sentence as a person who distributed 5,000 grams of powder cocaine. It soon became evident that this sentencing disparity also created a significant racial disparity. Mr. Speaker, 4 years after Congress passed the Anti-Drug Abuse Act, the average Federal sentence for Black defendants was 49 percent higher than the average sentence for White defendants. In the ensuing decades, the Sentencing Commission and many members of the law enforcement community strongly and repeatedly criticized the 100:1 ratio and urged Congress to address the disparity. As early as 1995, the Sentencing Commission began urging Congress to rectify this unfairness. Besides the troubling racial disparities in sentencing, the Commission also expressed concern over the significant differences in punishment between street-level dealers of crack cocaine and the powder cocaine suppliers who sold the cocaine in the first instance. Unfortunately, Congress failed to act on the Commission's proposed amendment to the sentencing guidelines to equalize the penalties for crack and powder cocaine. From 1997 to 2007, the Commission continued to warn Congress about the unjustified ratio, noting that ``there is no legislative history that explains Congress' rationale for selecting the 100:1 drug quantity ratio for powder cocaine and crack offenses.'' It provided evidence for its findings that the penalties exaggerated the relative harmfulness of crack cocaine, swept too broadly, most often applied to lower-level offenders, and mostly impacted communities of color. Congress, however, took no action, prompting the Commission to pass an amendment to the sentencing guidelines in 2007 as a partial and modest remedy to the ``urgent and compelling'' problems associated with the ratio. In doing so, the Commission ``unanimously and strongly urged'' Congress to take actions on its recommendations and to provide a comprehensive solution. In 2010, Congress finally acted by passing the Fair Sentencing Act, which did not eliminate the disparity, but which significantly reduced the ratio from 100:1 to 18:1. But the Fair Sentencing Act applied only to pending and future cases, leaving thousands of incarcerated people without a path to petition for relief. The First Step Act of 2018 made the Fair Sentencing Act retroactive, providing a pathway to relief for some, but not all, individuals affected by the sentencing disparity. It is now past time to finish the job. The crack cocaine and powder cocaine disparity has greatly contributed to the rise of mass incarceration, devastated communities of color, and severely undermined public confidence in our criminal justice system. The EQUAL Act would finally equalize the treatment of powder cocaine and crack cocaine--two forms of the same drug--by eliminating the sentencing disparity. It would also provide a path to retroactive relief from a disparity that is not rooted in science, does not promote public safety, and fosters racial disparities. I commend Representative Hakeem Jeffries, Bobby Scott, Kelly Armstrong, and Don Bacon for introducing this important bipartisan legislation, and I urge all Members to support it. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 5 minutes to the distinguished gentleman from New York (Mr. Jeffries), the sponsor of this bill.
Mr. NADLER. Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Rhode Island (Mr. Cicilline).
Mr. NADLER. Mr. Speaker, I yield 3 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee).
Mr. NADLER. Mr. Speaker, I yield the gentlewoman from Michigan an additional 1 minute.
Mr. NADLER. Mr. Speaker, I yield the gentlewoman from Texas an additional 1 minute.