▶ 0:17:09Chair Cassidy: Will please come to order. Let me say at the outset I think we have some time restrictions. The two hour limit was not waived for the committee hearing. At some point I will have to be heavier so we complete the work today. So, americans were shocked after the october 7, 2023 massacre.
▶ 0:17:36Chair Cassidy: Instead of the united states uniting in solidarity to support israel, anti-semitism boiled out on college campuses. Students were harassed and attacked simply because they were jewish. And jewish families woke up wondering if their child attending that university, whatever it was, was safe. Today is an opportunity for the rest of the united states to show that we are with those students, to reassure parents that their children Dr.
▶ 0:18:02Chair Cassidy: Reassure that their children will be safe from harassment and abuse. We want those parents and all parents to sleep easily. Americans send senators to washington to deliver results and not exude skit -- and not excuses. Let me be clear, there is no nuance in bigotry. Chasing jewish students into the room and threatening them with violence is wrong. That is not free speech.
▶ 0:18:32Chair Cassidy: Preventing a student from going to class, any student because of their religion and ethnicity is wrong, that is not free speech, that is harassment and should not be tolerated. The era of failed leadership is over. The bills have strong bipartisan support, and much of this support has been a decade in development and I appreciate the colleagues -- my colleagues' commitment.
▶ 0:18:58Chair Cassidy: They are depending on strong leadership to protect their civil rights and the trump administration has made progress and it was the time for congress to do its part to ensure that all students, jewish students as well, are safe on campus. The markup is doing this part. Congress is doing its part. The committee is considering the protecting students on campus act, legislation I authored make sure that student know how to file civil rights complaints if they experience discrimination or harassment.
▶ 0:19:29Chair Cassidy: Senator john fetterman code leads this and has been a great partner. We are considering the antisemitism awareness act, clarifying the definition and giving the office of civil rights greater tools to addressed discrimination against jewish students. I appreciate senators tim scott and jacky rosen for their leadership and senator roger marshall for refining and strengthening the bill.
▶ 0:19:55Chair Cassidy: I say to my colleagues, let us act together to move this common sense legislation forward. Jewish families and all-american families are depending on that. I recognize senator sanders for his opening statement.
▶ 0:20:08Sen. Sanders: Thank you Mr. chairman. And let us be as clear as we can all be. And that is that hate and discrimination of any kind is beyond unacceptable and has no place in american society. In the united states of america, 2025, it should not be controversial to say that anti-semitism is a horrific and vile ideology and will not be tolerated any place or any time.
▶ 0:20:38Sen. Sanders: Let us never forget that anti-semitism resulted in the slaughter of 6,000,00 -- 6 million jews, during the holocaust and has plagued people. Anti-semitism must be condemned on college campuses or any other place in our society and throughout the world. It must be condemned by political leaders here in the U.S. and political leaders in other countries across the world.
▶ 0:21:10Sen. Sanders: Today, we should also be clear that we, and I hope that I speak for both -- for all of my colleagues on both sides of the aisle, that we condemn all forms of bigotry. Vile hatred should not exist in the united states of america, whether it is anti-semitism, sexism, xenophobia, islamophobia or any other forms of discrimination. I will be offering an amendment to make that clear.
▶ 0:21:40Sen. Sanders: Today, while we must focus on combating anti-semitism and all forms of bigotry, we must also make it clear that we vigorously defend the constitution of the united states. The first amendment of the constitution, and the right of people in our country to peacefully protest. Let me be very clear.
▶ 0:22:00Sen. Sanders: I worry very much that the antisemitism awareness act that we are considering is unconstitutional and will move us far along in the authoritarian direction that the trump administration is taking us. Let's remember, this is an administration that is currently suing the media because they report stories that the president does not like.
▶ 0:22:29Sen. Sanders: This is an administration that is usurping the constitutional responsibility is called -- of congress and shutting down agencies without congressional approval. This is an and administrational -- an administration that threatens to impeach judges who render decisions they do not like.
▶ 0:22:50Sen. Sanders: This is an administration that seeks to punish law firms that represented clients that took legal action against donald trump, his policies or associates. This is an administration that seeks to tell major universities what courses they can offer and who can teach them if they are to retain federal funding.
▶ 0:23:12Sen. Sanders: This is an administration that is illegally locking up, detaining and deporting university students and others with no warrant, no due process and without notifying their families. Mr. chairman, given the reality of what is happening in america today, it would be very dangerous and a bad idea to give this administration new authority to continue their unconstitutional and authoritarian ways.
▶ 0:23:44Sen. Sanders: As you will recall, Mr. chairman, in the recent hearing that we held on this issue, we had five witnesses. Three were invited by you. And all five of them made it clear, and let me reiterate. All five including the three republican witnesses, they made it clear that criticizing the extremist governments of netanyahu over their policies in gaza is not anti-semitic. Let me repeat.
▶ 0:24:14Sen. Sanders: One can criticize the government of israel and the government of any country on earth for their policies and that does not make one anti-semitic or hateful of the people of those countries. It goes without saying that people in the united states of america have the right to criticize any government on earth.
▶ 0:24:35Sen. Sanders: Unfortunately, and unacceptably, the anti-says -- the antisemitism awareness act would label speech that criticizes the israeli government and netanyahu's horrific war as anti-semitic and a violation of civil rights laws and that is an extremely dangerous precedent. With that I should tell you that we will be offering a number of amendments that address some of these concerns that I have.
▶ 0:25:02Chair Cassidy: We will now begin consideration of two bipartisan bills. S. 558, the antisemitism awareness act of 2025 ands. 163 the protecting students on campus act up 2023. For the awareness of senators and staff, we intend to vote on amendments as they are raised but will hold the vote on final passage on both bills until the end of the session.
▶ 0:25:31Chair Cassidy: We will keep members and staff updated to the timing on the vote of final passage. I am aware that people are double and triple committed and so, we will give adequate time for people to return to vote for the final passage. I will ask also my colleagues to limit the remarks to two minutes from discussing either bills or offering an amendment. We have a lot of amendments to get through.
▶ 0:25:56Chair Cassidy: As a reminder when discussing an amendment, identify the amendment that we are discussing by the name and number.
▶ 0:26:04Sen. Paul: I would like for the motion of those institution -- introducing their amendments to five minutes and I wish that -- so I make a motion to be allowed five minutes. Then two fault -- two minute follow-ups. And I would ask for a recorded vote.
▶ 0:26:25Chair Cassidy: Let me comment. I think there is a total of 16 filed. We have two hours to get through this. Just do the math. If we are going to pass this bill, we cannot -- that is just not possible.
▶ 0:26:43Sen. Paul: We could limit the five minute discussion to one and ease person would have five minutes without a -- with that particular amendment. And I think also on the other side there is some willingness to not do 60.
▶ 0:27:03Sen. Paul: Discussing the first amendment ramifications of something that will alter the first amendment and will affect every college student in america, it is important enough -- we can do two minutes and you will not get started of a discussion of your amendment in two minutes.
▶ 0:27:17Chair Cassidy: Do the math. That would allow us to have roughly 30 amendments discussed. Right now there are 60 and we have to vote on final passage. I reject the premise that we are altering the first amendment. That said, we do not have the time.
▶ 0:27:36Sen. Paul: I would like to have a motion and make a vote to have five minutes. >> if I could offer a friendly. Perhaps we could first see how many amendments will be called up. Once we know the number, we could look at the timing.
▶ 0:27:52Chair Cassidy: Part of that is that what senator paul is recommending is not only their ba.5 minute but as I gathered unlimited two minute. This could be death of 1000 cuts and a strategy by which to defeat the ability to consider final passage. I say that not to suggest that senator paul would do that but that is something that could be parlayed.
▶ 0:28:20Sen. Kaine: I am sympathetic to your need to move this quickly, but these are incredibly sensitive and very complicated issues. Both you and I have been on this committee for a long time. It does not have a tradition of limiting debate. I think we can all try to move this as quickly as possible. Senator paul is right. You will not get into the meat of these issues.
▶ 0:28:47Sen. Kaine: This is a very detailed and technical discussion about the impact of the language and definition in one of these bills. I do not know if that serves the committee well to set a precedent in which you will arbitrarily limit ability to speak, and that is not something we have traditionally done.
▶ 0:29:07Chair Cassidy: It has been done in the past by my ranking member. Secondly, I am told that there will be objections on the senate floor to waving the two hour limit to committee. This could be perceived by some as a strategy by which our ability to go after hours is not permitted. And so we are restricted by two hours and that his death by 1000 debates of how we use those two hours. Let's not be disingenuous.
▶ 0:29:38Chair Cassidy: They have been out here for a long time. And we have had plenty of time in the public spectrum to discuss this. We had a communing -- a committee hearing before on discussing anti-semitism on college campuses in which fulsome debate was allowed. Again, I am not just -- disparaging or implying anything about senator murphy, although he has a nice new beard.
▶ 0:30:04Chair Cassidy: It could be used to feed a bill not on the substance but by a process and this chairman will not allow it.
▶ 0:30:11Sen. Scott: Thank you for not allowing that. Since 2016 we have been discussing this bill. Frankly, we have had an opportunity to weigh in on it and most of us have over the net -- over the last nine years. Both president trump and president biden have weighed in on the issue.
▶ 0:30:31Sen. Scott: President trump made this an executive order and president biden keeping it as an executive order suggest that we have not had ample time to have a conversation and a debate over the first amendment ramifications is hogwash. Number two, having an amendment that reinforces the fact that this will not impede on first amendment rights is something that senator marshall has already done. Looking at the actual language, this is a non-issue from my perspective.
▶ 0:31:03Sen. Scott: >> Mr. chairman.
▶ 0:31:06Chair Cassidy: Senator sanders.
▶ 0:31:08Sen. Sanders: When we talk about, in my view taking away freedom of dissent in the united states of america, that is an issue in this committee and in this bill that should be discussed. People might have talked about it for years and people might have talked about it off of capitol hill. But this is the day and this is the moment in which we are discussing this bill.
▶ 0:31:37Sen. Sanders: I think denying senators a reasonable amount of time to express their opinion is wrong. I support senator paul's effort.
▶ 0:31:44Chair Cassidy: Senator paul has made a motion and we will have a vote. The more time we take this and the more heavy-handed my gavel will be. I will not allow this committee to be defeated on process when there has been years in order to debate the issue itself. With that I ask the clerk to call the role and I shall be voting no on senator paul's amendment. Please call. >> senator paul? >> yes. >> senator collins? >> no.
▶ 0:32:15Chair Cassidy: >> senator murkowski? >> by proxy no. >> senator marshall? Senator scott? >> no. >> senator hawley? >> by proxy no. >> senator banks? >> no. >> senator moody? >> by proxy no. >> senator murray? >> yes by proxy. >> senator baldwin? >> yes. >> senator kaine?
▶ 0:32:48Chair Cassidy: Senator hassan? Senator hickenlooper? Senator markey? >> yes by proxy. >> senator kim? >> senator blunt rochester? >> yes. >> chairman cassidy? >> no. >> just hold on.
▶ 0:33:22Chair Cassidy: I have 11 ayes and 12 nays.
▶ 0:33:26Chair Cassidy: Let us begin with s. 558. Before I introduce the manager's amendment I introduce the sponsor the of the bill. He is recognized for two minutes.
▶ 0:33:40Sen. Scott: Thank you for considering this important legislation. Since 2016 I have been fighting for this cause. President trump and biden, trust -- president biden made it into an executive order and president biden kept it. This does not provide any additional authority is to the president of the united states. Their camino equivocating when it comes to anti-jewish violence and harassment.
▶ 0:34:09Sen. Scott: It is important that the department of education has the tools to investigate anti-semitism and root out the vile hatred wherever it rears its ugly head. Anti-semitism awareness act does just that. It provides a tool to help the department and universities identify and address anti-semitism. That tool is the definition and its contemporary examples. This is why I have champion the legislation since 2016 and will continue to do so until it is signed into law.
▶ 0:34:41Sen. Scott: I look forward to passing this committee out of -- this bill out of committee I asked my colleagues to join me in support.
▶ 0:34:46Chair Cassidy: Thank you.
▶ 0:34:49Sen. Paul: The measures amendment adds an all-inclusive but we will add -- we will obey the first amendment and never do anything that will remove the protection of speech. If you look at the ihra limits of speech, everything on that list is politically protected. If you look at brandenburg versus ohio, the operative case on first amendment, every one of these things.
▶ 0:35:19Sen. Paul: The first amendment is not a protect -- is not about protecting good suites -- could speech it protects all nasty speech. Brandenburg was an anti-semite and the first amendment and the supreme court ruled that you could say terrible things. That is unique. In europe you cannot say anything. In europe if you call the boy who thinks he has a girl a boy you can go to jail. If you say something about the holocaust can go to jail.
▶ 0:35:49Sen. Paul: We are codifying what europe did to speech and it is a terrible idea. Everything in the 11 examples is protected by brandenburg without question. So when you say you will do all of these and have all of the examples of things you cannot do. Like stereotypical allegations. Have you listen to comedy. Do you know why jerry kinds -- do you know why jerry seinfeld will not go to colleges? He cannot make jew or indian jokes.
▶ 0:36:19Sen. Paul: Jokes are about silly categorizations of people, of saying all people do things. One of my favorites that I saw this morning was from jon stewart. If the jews control the media, why don't we give ourselves better press? Is that going to be controlled? I just know that from jon stewart. Will that be controlled? Will jon stewart be allowed to say that or we will send the title vi police after him?
▶ 0:36:50Sen. Paul: This is ridiculous and terrible. We all condemn anti-semitism and we are against the country. And yet this is a step backwards.
▶ 0:36:59Chair Cassidy: I will point out that this bill simply clarifies the definition of anti-semitism for the ocr complaint process. Students have the right to express an opinion but not the right her -- to harass others. We have a manager's amendment and I moved to adopt that in the nature of a substitute and have the considered original text for the process of further amendments. All those in favor say aye and those again say nay.
▶ 0:37:31Chair Cassidy: Are there any members who wish to speak on or offer an amendment. Senator paul?
▶ 0:37:36Sen. Paul: This is paul amendment one. It is repugnant to support the pot -- the atrocities of october 7 and equally inappropriate for the senate to impose new speech limits. It would identify israel as a victim of october 7 and condemn hamas for its brutality.
▶ 0:37:56Sen. Paul: It would subject to punishment speech claiming that jews cl -- killed jesus if the argument that all jews are responsible for killing jesus and yet the gospel of john describes a trial and crucifixion and it reports " jews prisons at the trial called for his crucifixion" nobody thinks that is all jews, but we are no longer allowed to read john 18 and 19? It is insane.
▶ 0:38:26Sen. Paul: It beggars the belief that nobody who understands that in the first century there were jews who collaborated by the romans who are despised. It was a sectarian conflict. But if you just say you cannot say this, it is crazy.
▶ 0:38:42Sen. Paul: Albert mohler, the president of the southern baptist theology says that the principal of teaching the gospel can be targeted by the loose logic of the entire new testament can be targeted as hate speech.
▶ 0:38:57Sen. Paul: "constantine's sword" repudiates charge that the jews are not guilty and says it is an anti-semitic trope but banning it allows the trope to fester. Even stern who drafted the definition opposes codifying the definition of anti-semitism in the law.
▶ 0:39:22Sen. Paul: Appearing before the judiciary committee stern said "principles about speech have to apply to speech that one does not like. That does not mean ignore the speech but not to use law -- laws to stop it. Sadly the definition has been used for this anti-speech purpose." let us heed his survives. Our society is confidently enough to persuasively ignore arguments, not silence them.
▶ 0:39:49Chair Cassidy: We would vote on this and this would kill the bill. Every senator on this committee has to -- has condemned hamas and anti-semitism. This is an unnecessary resolution. Senator sanders.
▶ 0:40:03Sen. Sanders: I thank senator paul for offering the amendment. I would have worded it differently but the essence is correct. And I encourage my colleagues to support it.
▶ 0:40:14Chair Cassidy: Ok. The clerk should call the role. >> senator paul? >>aye. >> senator collins? >> no by proxy. >> senator murkowski? >> no by proxy. >> senator marshall? >> no. >> senator scott? >> no. >> senator tauber bill? Senator banks? >> no.
▶ 0:40:45Chair Cassidy: >> senator husted? Senator moody? >> no by proxy. >> senator murray? >> yes by proxy. >> senator murphy? Senator kaine? >> yes. >> senator hickenlooper? Senator markey? >> yes by proxy. >> senator kim? Senator blunt rochester?
▶ 0:41:18Chair Cassidy: >> chairman cassidy? >> no. 11 ayes, 12 nays.
▶ 0:41:31Chair Cassidy: Do you want to go sanders first?
▶ 0:41:35Sen. Sanders: I'm calling up sanders amendment number two. Mr. chairman, as you will recall in the recent hearing that we held on this issue, all five witnesses including three republican witnesses made it clear that criticizing the extremist government of netanyahu over their policies in gaza is not anti-semitic.
▶ 0:42:01Sen. Sanders: One can criticize the government for their policies without being anti-semitic. This amendment makes it clear that it is not anti-semitic to oppose the netanyahu led war effort that has killed more than 50,000 people and wounded 116,000, 60% of whom are women, children and the elderly. Making that point is not anti-semitic.
▶ 0:42:29Sen. Sanders: It is not anti-semitic to criticize netanyahu's war machine that has damaged or destroyed two thirds of structures in gaza including 92% of housing units. It is not anti-semitic to speak out against the extremist israeli government for not allowing a single shipment of aid into gaza and over two months. 62 days and counting.
▶ 0:42:53Sen. Sanders: Jill pointed this out is not anti-semitic -- to point this out is not anti-semitic it is the truth. I vote my colleagues to vote yes.
▶ 0:43:03Sen. Hassan: Briefly, Mr. chairman on sanders amendment two, I will say that this amendment does not necessarily reflect the words that I would use in describing the full picture in gaza. But just saying these words does not make you an anti-semite.
▶ 0:43:25Sen. Hassan: While I continue to remind people that this war would end if has would put down its arms, we have a first amendment that protects the freedom of speech. Thank you.
▶ 0:43:35Chair Cassidy: Senator murphy.
▶ 0:43:38Sen. Murphy: I will support the senator's amendment. It speaks to I think a really important issue in the underlying bill. The author of this definition has testified publicly that he never intended for the definition that ended up in statute to include the litany of examples that are offered as part of the guidance on how to implement this definition. This is really important.
▶ 0:44:10Sen. Murphy: If you read these examples which will be incorporated by law into this new definition, it absolutely opens up the possibility that criticism of israel, for instance suggesting that there is discrimination or bias against palestinians connected to decisions that the government is making.
▶ 0:44:39Sen. Murphy: As actions or speech that could cause your federal funding in jeopardy. If you argued that there was bias and discrimination inherent in the U.S. government, he would not be held liable and you would not be at risk of losing your federal funding.
▶ 0:44:54Sen. Murphy: Under this definition which includes the examples there is a real potential that first amendment protected speech and criticism of israel, the policies of israel will end up getting you in trouble and putting federal funding at risk.
▶ 0:45:11Sen. Murphy: I wish that we had listens to the author of the definition and he would support the definition itself as being complete and total enough in order to protect against anti-semitism on campus. The reason that many of us are having trouble is because of the incorporation of the examples never intended to become law and it would make the definition become a confusing for an administration or court to interpret.
▶ 0:45:42Chair Cassidy: I'm about to recognize them and talk -- senator paul and I will tell folks this is not our jurisdiction. This is senate foreign relations. And so I am telling you that. We will have a lot of discussion. I am going to have a gavel and I have asked my staff and we are getting through this bill.
▶ 0:46:01Sen. Sanders: You can have a gavel but this is an issue relevant to this committee and this is the heart of what we are debating.
▶ 0:46:08Chair Cassidy: This is a senate foreign relations committee -- senator sanders.
▶ 0:46:13Sen. Sanders: We are not debating the war in gaza.
▶ 0:46:17Chair Cassidy: Senator paul. What is the rule? Is a role that we each get two minutes on each amendment? So you not -- you are not going to gavel down individuals?
▶ 0:46:30Chair Cassidy: We want to finish by noon because our time is restricted and I will not allow process to kill the final passage by death of a thousand conversations.
▶ 0:46:43Sen. Murphy: I just want to make sure that you are holding to that.
▶ 0:46:45Chair Cassidy: It might got pushed further down so let us not be naive, this is a strategy to defeat final passage on something that has been out here. So senator paul.
▶ 0:46:59Sen. Paul: , I think impugning of the goals are in each of us, my goal is to further the debate and have a very intellectual and important debate. There are 11 examples listed that could be anti-semitism, one of them says that questioning the existence of the state of israel is a race did endeavor. If I repeat that netanyahu says israel is a curious -- jewish state.
▶ 0:47:29Sen. Paul: If he says that he is a race, by repeating netanyahu could I be guilty of anti-semitism. There are questions, valid questions of can people ask? If you are a settlor and you are jewish you get to vote in the israeli elections. If you are arab you do not.
▶ 0:47:48Sen. Paul: Is that fair or is that me condemning the citizenship or making allegations that are going to be limited by this bill. These are really important and that is the main objections. If we did a standard we condemn anti-semitism it would be passed with everyone voting for it. Instead by listing all of these things we would reopen pandora's box.
▶ 0:48:18Sen. Paul: The department of education has police. The department of education has armed police. They could send people to the campus to police this type of speech. And you know, seriously, it is actually advocated by the current government of israel that it be a jewish state and always remain a jewish state. That is a racial statement. Not mine, but there statement.
▶ 0:48:45Sen. Paul: Will it be disallowed by this bill for a student to say that on campus?
▶ 0:48:51Chair Cassidy: There is a motion and I am going to make a motion to table this amendment?
▶ 0:48:57Sen. Sanders: A made a motion -- I made a motion to call the question. Mr. chairman I would like a vote on my amendment.
▶ 0:49:06Chair Cassidy: Motion to table because of absence of jurisdiction and is there a second? It is not debatable and the clerk shall call a role. >> senator paul? Senator collins? >> no by proxy. >> I am sorry, yes by proxy. >> senator murkowski? >> yes by proxy. >> senator mullin? >> yes by proxy.
▶ 0:49:38Chair Cassidy: >> senator marshall? Senator scott? >> yes. >> centerville -- center tub or bill? --senator tub or bill? >> senator sanders? >> no. >> senator murray? >> no by proxy. >> senator murphy? Senator kaine? Senator hassan? >> no. >> senator hickenlooper?
▶ 0:50:10Chair Cassidy: >> no. >> senator markey? >> no. >> senator blunt rochester? >> no. >> chairman cassidy?
▶ 0:50:24Chair Cassidy: Senator cassidy is a yes and I would point out we would not have restrictions on debate at the minority agreed to go beyond two hours. The idea that somehow we are doing restrictions because of something that is heavy-handed on my part when we have not had an agreement to go beyond two hours is deceitful -- is deceitful to the american people. With that said, staff? >> 11 ayes and 12 nays.
▶ 0:50:56Chair Cassidy: Hold it? >> motion to table was not agreed to.
▶ 0:51:02Chair Cassidy: Now we will have a vote on the amendment and the chairman will call the role. And I shall be voting no. >> senator paul? >> senator collins? >> no by proxy. >> senator murkowski? >> no by proxy. >> senator marshall?
▶ 0:51:35Chair Cassidy: Senator scott? >> no. >> senator hawley? >> no by proxy. >> senator banks? >> senator husted? Senator moody? >> no by proxy. >> senator sanders? >> yes. >> senator murphy? Senator kaine? Senator hassan?
▶ 0:52:05Chair Cassidy: Senator hickenlooper? >> aye. >> senator kim? Senator blunt rochester? >> chairman cassidy?
▶ 0:52:18Chair Cassidy: Senator cassidy is a no. >> I have 12 ayes and 11 nays.
▶ 0:52:31Chair Cassidy: The amendment fails. -- the mementos agreed to. >> the amendment is agreed to, yes.
▶ 0:52:41Chair Cassidy: Ok. Senator kaine.
▶ 0:52:50Sen. Kaine: Kane one, but I will not offer it for a vote. I will take my two minutes to explain the amendment and to explain my opposition to the bill. What it would have done is very simple. In the definitional section it would have dropped the contemporary examples of anti-semitism. It would have maintained the definition but dropped the examples.
▶ 0:53:17Sen. Kaine: The reason I wanted to do that but I have counted and I will lose so I will not call it for a vote. This is an important civil rights statute. Like others. The examples are all -- I will read from the definition. The following examples may serve as exam -- as illustrations.
▶ 0:53:41Sen. Kaine: I am not aware of a single other civil rights bill where we are condemning behavior, but in the statute saying this may or may not be an example of the bad behavior. We do not do this and civil rights statutes. From the beginning and a draftsman ship standpoint, anti-semitism is serious.
▶ 0:54:02Sen. Kaine: Calling someone an anti-semite is very similar -- is very serious but I do not think we should put a definition where -- with well maybe it is and maybe it is not. We would be setting a bad example -- president and seven of the examples are about israel and four are about anti-semitism. Seven are really about israel. And for the reasons mentioned earlier.
▶ 0:54:29Sen. Kaine: Yesterday the head of the -- yesterday a head and israel leveled a serious set of charges against the prime minister. Much as what -- much of what he said would violate this definition. We should allow people to state tough points of view even we -- even if we do not agree. I am going to recognize that I will not succeed in convincing my colleagues to remove the examples and I will oppose the bill.
▶ 0:54:56Sen. Kaine: If we could have had the votes to remove it I would have supported it. With that I yield back and I will not call it up for a vote.
▶ 0:55:05Chair Cassidy: Senator paul.
▶ 0:55:08Sen. Paul: We are going about the 11 additional things and one of them it would punish speech that draws comparison of israeli policy said that of the nazis. I wonder if we will apply this to donald trump because most of the democrats think that he is a nazi.
▶ 0:55:26Sen. Paul: I think it is a terrible sort of comparison because it demeans what happens during the holocaust to call anyone nazis or hitler, and it often backfires. I would not make it illegal. For goodness sakes that is ridiculous. We will make it illegal to compare somebody to historical figures that people do not like.
▶ 0:55:51Sen. Paul: What kind of -- has anybody thought through the idea of passing a law that you would actually send the department of education police to a campus because some kid said the israeli government are acting like nazis.
▶ 0:56:05Chair Cassidy: If you are accommodating -- commenting on the amendment because he withdrew it?
▶ 0:56:12Sen. Paul: I kind of wish that we should vote on it because people should be on record on supporting things that condemn a comparison to nazis. Both parties do it. When we really hate somebody you compare them to hilter or the na zis. It is not a great argument but to live in a society where it is illegal to compare somebody to nazis is a huge mistake and abbreviation of the first amendment.
▶ 0:56:39Sen. Paul: That is not correct under brandenburg or the supreme court and it would go a long way towards striking this down as unconstitutional.
▶ 0:56:45Chair Cassidy: The build contains protections for free speech. I recognize senator scott.
▶ 0:56:50Sen. Scott: Just one more time and probably not just, the bill clearly says that the speech itself is constitutionally protected. It is the conduct that follows that creates the harassment, not the speech itself. Evie example we have used the speech itself is protected. You could say it. It is that if you do something in conduct that follows it gives you the link back to whether it is antisemitic or not.
▶ 0:57:19Chair Cassidy: Does someone else have an amendment? Senator markey. Senator markey.
▶ 0:57:43Sen. Markey: Sure. This is markey number one. For the past 100 days the trump administration has demonstrated a callous disregard for the rule of law. In march, under the guise of anti-semitism investigations, they canceled $400 million in funding for columbia university. There had been no due process and no findings of fault.
▶ 0:58:09Sen. Markey: Instead they sent a list of demands dictating faculty hiring decisions and security and public health measures. One month later this administration did it again and terminated a reported $2.2 billion to harvard with no investigation, no due process, no findings of fault.
▶ 0:58:30Sen. Markey: The administration has threatened to cut another $1 billion in federal research funding for harvard and sent a list of demands that would interfere with academic freedom and allow the administration to force the university to comply with its ideology.
▶ 0:58:44Sen. Markey: Harvard responded forcefully and its president stated "refused to surrender their independence and relinquish its constitutional rights." title iv of the civil rights act allows universities the opportunity for a fair investigation, hearing and a chance to redress wrongs. Trump has decided again that his administration is above the law.
▶ 0:59:10Sen. Markey: That they can treat congressionally authorized funding like a piggy bank and congressionally enacted legislation like a suggestion. His disregard for the rule of law is dangerous and I urge my colleagues to vote to ensure that due process is protected. And that trump's lawless funding cuts might be reversed.
▶ 0:59:32Chair Cassidy: The antisemitism act is focused on some -- standardizing the definition of anti-semitism for the enforcement of federal antidiscrimination laws. This legislation is not the place to consider procedural changes to the processes through which the federal government terminates grants due to noncompliance with antidiscrimination laws.
▶ 0:59:56Chair Cassidy: I recognize that this is an important in shoe -- issue but it is not within the scope of the legislation we are considering. So I moved to table markey one. Is there a sufficient second? There is. >> may comment?
▶ 1:00:18Chair Cassidy: It is not available. Yes means the amendment will be placed on the table and no longer considered for passage. The clerk should call the role. >> senator paul? >> yes. >> senator murkowski? >> yes by proxy. >> senator marshall? >> senator scott? Senator hawley? >> yes by proxy. >> senator banks? >> yes.
▶ 1:00:49Chair Cassidy: >> senator husted? >> yes. >> senator sanders? >> no. >> senator murray? >> know by proxy. >> senator murphy? Senator kaine? >> no. >> senator hassan? >> no. >> senator hickenlooper? >> senator markey? >> no.
▶ 1:01:19Chair Cassidy: >> senator alsobrooks? >> know by proxy? >> chairman cassidy?
▶ 1:01:28Chair Cassidy: Senator cassie is voting yes to table. For my colleagues recall that this last -- this markup will not be the last time to debate the bill there will be additional time on the floor knowing that there are other issues at the time limit will not allow for consideration. Does anyone else have an amendment.
▶ 1:01:48Sen. Markey: Markey amendment three, the trump administration has cut billions of dollars in federal research funding to colleges and universities under the guise of civil rights investigations. When this administration cuts the funding who is impacted? Researchers studying alzheimer's, stroke, heart disease and hiv at harvard who can now not do their work.
▶ 1:02:14Sen. Markey: Funding for diabetes research has been cut, essential work on how to improve treatments and build a better world, and the families waiting for a breakthrough cancer treatment were a cure for alzheimer's are forced to wait longer.
▶ 1:02:30Sen. Markey: The administration is making profound decisions that could determine whether workers keep their jobs and students, faculty and staff can truly have the freedom of expression required under the first amendment, and research that might determine life and death will continue. Thus far congress has no role and insight into their decisions.
▶ 1:02:54Sen. Markey: This amendment requires notice to congress before the administration decides to cut research grant funding from the departments of education, labor, or health and herbert -- human services to the schools that they are right now being -- punishing. This will give congress the information needed for essential and appropriate oversight.
▶ 1:03:15Sen. Markey: What the trump administration is doing to universities is not effective civil rights enforcement and not a way to solve anti-semitism but it is black male. The use of force to restrict pete frates and people are getting hurt, -- restrict freedom and people are getting hurt. Congress deserves to know what is going on and to have the opportunity to intervene where appropriate. I hope my colleagues will join me in voting yes on this amendment.
▶ 1:03:43Chair Cassidy: This is unrelated to anti-semitism or antidiscrimination more broadly and a duplicate of markey number two, except that number three lists and additional committee of which has to be notified. I recognize that this is important but not within the scope of the legislation we are considering. I shall move to table amendment s. 558, amendment number three. Is there a sufficient second?
▶ 1:04:13Chair Cassidy: Areas. For clarification yes means that the amendment will be placed on the table. I would be voting yes. >> senator paul? >> yes. >> senator collins? >> yes by proxy. >> senator mullin's? >> yes by proxy. >> senator scott? >> yes. >> senator banks? Senator husted?
▶ 1:04:43Chair Cassidy: Senator moody? >> senator sanders? >> no. >> senator murray? >> know by probably -- no by proxy. >> senator kaine? >> no. >> senator hickenlooper? >> no. >> senator markey? >> no. >> senator alsobrooks? >> know by proxy. >> chairman cassidy.
▶ 1:05:14Chair Cassidy: Kata city is voting yet -- cassidy is voting yes to table. >> Mr. chairman, could I ask for the parliamentarian of this committee to move on the ger manous of my amendment.
▶ 1:05:33Chair Cassidy: It is not about that. It is not debatable.
▶ 1:05:38Sen. Markey: You are making the motion to table based on the committee's ability to raise issues related to anti-semitism and cuts to research.
▶ 1:05:50Chair Cassidy: The justification does not matter. It is a motion to table and not debatable. We have 10 more minutes to do this amendment and to do this bill and then we are moving on. Again, we were placed in a time restriction by the minority and there will be additional time to debate when we get to the floor.
▶ 1:06:10Sen. Sanders: I have another amendment but he asked a simple question, he wanted to hear from the parliamentarian the justification of your decision.
▶ 1:06:18Chair Cassidy: The motion to table is not debatable.
▶ 1:06:22Sen. Sanders: I have a motion and I would also point out that there is another day to continue discussion as senator paul mentioned earlier. We are dealing with an enormously consequential issue having to do with the first amendment. So brush this through and not allow full debate on these amendments is absolutely inappropriate and not in the spirit of this committee.
▶ 1:06:45Chair Cassidy: The minority should have allowed us more than two hours. >> Mr. chairman.
▶ 1:06:53Chair Cassidy: This is not -- this is not debatable. If you wish to bring up another amendment if not I shall move onto the next bill.
▶ 1:07:01Sen. Sanders: I have five amendments.
▶ 1:07:03Chair Cassidy: Please bring it up.
▶ 1:07:05Sen. Sanders: Sanders amendment number 11. Mr. chairman, a few weeks ago the trump administration arbitrarily fired every federal worker who administers the bipartisan low income home energy assistance program.
▶ 1:07:25Sen. Sanders: Now, in cold weather states like vermont, it is life and death for many people, especially senior citizens who need help keeping their homes warm in the winter time. In hot weather states it is equally important when august comes and people need help maintaining air conditioning.
▶ 1:07:47Sen. Sanders: What this amendment would do is immediately reinstate all of the staff and it would -- and it would open the division of energy assistance that administers the program and disburse all of the funds that congress has appropriated. Being able to heat your home in the freezing cold and keep the air conditioning on in the extreme heat is not a luxury but a matter of life and death and I urge my colleagues to vote.
▶ 1:08:11Chair Cassidy: This is a partisan amendment. The antisemitism awareness act is focused on standardizing the definition of anti-semitism. This legislation is not the place to consider potential funding, staffing or organizational changes to hhs. I recognize that this is important but not within the scope. I moved to table the amendment sanders number 11 is there sufficient second?
▶ 1:08:41Chair Cassidy: There is. For clarification yes means the amendment will be placed on the table and I shall be voting yes. Senator paul? >> yes. >> senator collins? >> yes. >> senator mullin? >> aye by proxy. I am sorry. >> senator scott? >> senator hawley? >> aye by proxy. >> sorry.
▶ 1:09:12Chair Cassidy: Senator banks? >> aye by proxy. >> senator husted? >> yes. >> senator sanders? >> no. >> senator baldwin? >> know by proxy. >> senator murphy? Senator hassan? >> no. >> senator markey? >> no. >> senator alsobrooks? >> know by proxy.
▶ 1:09:42Chair Cassidy: >> chairman product -- chairman cassidy?
▶ 1:09:46Chair Cassidy: Yes to table. Does anyone else have an amendment.
▶ 1:09:52Sen. Sanders: Do you want to go?
▶ 1:09:54Chair Cassidy: Senator markey.
▶ 1:09:56Sen. Markey: This is markey number four. Over the last few weeks the trump administration has abducted international students and faculty off of the streets of the united states of america and quickly move them out of their states by packs judicial oversight and ship them off to detention facilities far from their communities in louisiana.
▶ 1:10:20Sen. Markey: People are being detained for nothing more than engage in and have the freedom of expression that is explicitly protected under the first amendment. Last week I went down to louisiana to meet some of those students including a graduate student at tufts university. What I saw should bring chills down the spines of anyone who cares about the first amendment.
▶ 1:10:46Sen. Markey: The trump administration is detaining students for nothing more than engaging in the freedom of expression that is explicitly protected under the first amendment of the constitution. The students which I met with have not been charged with a single crime. They are still behind bars. They have not been charged. There is no evidence.
▶ 1:11:06Sen. Markey: Whether you agree with what they have written or said, when a government imprisons writers and abandons legal norms including due process for political devaney ants and it cloaks -- convenience and it cloaks oppression as national security we must call this out. Without a robust right to speak freely without fear of retaliation or reprisal, our most basic freedoms are jeopardized. I urge my colleagues to acknowledge as much in this committee, today. This goes to the heart of it.
▶ 1:11:39Sen. Markey: There are young people right now behind bars not charged with anything. Marco rubio cannot say someone is a national security threat and then they are whisked off the streets and not given access to a lawyer and not told what they are charged with and never charged with a crime. We are better than that and that is not what our constitution stands for.
▶ 1:12:02Chair Cassidy: It is my determination that this amendment, obviously immigration lies outside of the jurisdiction and violates rule 15. I rule it out of order.
▶ 1:12:14Sen. Markey: This is not out of order and that is a part of this hearing. It is to protect hearing.
▶ 1:12:20Sen. Sanders: I ask for a vote on senator markey's amendment.
▶ 1:12:25Chair Cassidy: Sen. sanders:
▶ 1:12:27Sen. Sanders: That is out of order. I ask for a ruling on the part of the parliamentarian war can use -- you just do anything that you want. >> it is at the discretion of the chair.
▶ 1:12:36Sen. Sanders: I ask for a motion to overturn. I asked for a motion to overturn. What markey is talking about is a norm is important.
▶ 1:12:50Chair Cassidy: For clarity, a no vote upholds the ruling that the amendment is out of order. It is important but for senate judiciary. The clerk should call the role. >> senator paul?
▶ 1:13:09Sen. Paul: If you ask blaine the boat again?
▶ 1:13:12Chair Cassidy: The vote would overturn the chair. >> yes. I am for the amendment.
▶ 1:13:22Chair Cassidy: That is interesting. Ok. >> senator murkowski? >> no by proxy. >> senator marshall? >> senator scott? >> senator hawley? >> no by proxy. >> senator banks? >> no by proxy. >> senator husted? >> senator moody? >> no by proxy. >> senator sanders? >> yes.
▶ 1:13:53Chair Cassidy: >> senator baldwin? >> yes by proxy. >> senator murphy? >> yes. >> senator hickenlooper? >> yes. >> senator kim? >> yes. >> senator alsobrooks? >> yes by proxy. >> chairman cassidy?
▶ 1:14:16Chair Cassidy: No. >> the ruling has been overturned.
▶ 1:14:22Sen. Sanders: And now we proceed.
▶ 1:14:27Chair Cassidy: Calling for the vote on the markey amendment. The chair shall be voting no. >> senator paul. Senator murkowski. >> no by proxy. >> senator mullin? >> no by proxy. >> senator scott? Senator hawley? >> no by proxy.
▶ 1:14:58Chair Cassidy: >> senator husted? Moody? >> no by proxy. >> senator sanders?
▶ 1:15:07Sen. Sanders: Yes. >> baldwin? >> yes by proxy. >> senator hassan? Senator markey? Senator blunt rochester? Senator alsobrooks? Senator cassidy?
▶ 1:15:32Sen. Cassidy: Senator cassidy but snow. The amendment is agreed to.
▶ 1:15:41Chair Cassidy: So that it is clear for the people who are watching however they might be watching, supporting these amendments will kill this bill that protects jewish students from antisemitic acts but it is also -- the bill includes protections for free speech. Let's not be naive as to what is taking place.
▶ 1:16:06Sen. Sanders: Let's not be naive, supporting this bill among other things reestablishes due process in the united states and says federal agents cannot pick people up off the streets. Throw them into cars and put them in detention centers without making any charges against them at all. A clear violation of the constitution. Mr. chairman, have an amendment.
▶ 1:16:30Chair Cassidy: Senator sanders, we have to get out of here. >> you were calm pending among -- you are commenting among my --
▶ 1:16:41Chair Cassidy: Start the clock. >> authoritarianism is not the answer. That is what we are debating. What the rights are of all americans to participate when a young person writes an op-ed in the student newspaper and gets whisked off the streets. To a prison in louisiana with no charges. That is what we are debating today.
▶ 1:17:10Sen. Sanders: I called amendment number six. This makes it clear that federal government shall protect the first amendment rights of college students and the federal government shall not compel a school, college, university to violate the first amendment rights of a student or professor . We have already seen attack after attack on freedom of speech and right to dissent. This amendment defends the constitution of the united states and our first amendment.
▶ 1:17:41Sen. Sanders: >> I would like to sit in favor.
▶ 1:17:44Chair Cassidy: Senator paul.
▶ 1:17:47Sen. Paul: The supreme court made it clear that speech can be suppressed only at this beach is intended and likely to produce imminent lawless action. They have added an amendment saying the first amendment is going to protect your speech in this bill will do nothing to your speech within a list of 11 things in defining what they are going after that say include things like accusing and saying, speech being regulated. General contradiction.
▶ 1:18:14Sen. Paul: They say they will obey the first amendment and say these 11 things will be here to which are all in contradiction to the supreme court and the first amendment. In the brenna bird case, the speech in question was made by hood wearing leader of the ku klux klan name brenna bird. Despite the horrid nature of the speech in question, america's commitment to free exemption -- speech for those who defended brenna bird.
▶ 1:18:39Sen. Paul: Two lawyers for the aclu, jewish man and a young black woman who still in congress. Norton later explained she decided to defend brandenburg because free speech is worth defending even when you don't like what is being said. To me that has been the greatness of the brandenburg decision is that it was by people who despised a black woman -- a black woman who discussed the language used in the racism and a jewish lawyer who also despised the anti-semitism.
▶ 1:19:10Sen. Paul: That is what is so great about our country, that we allow people to say things that we completely object to and we counter bad things and bad statements, that information, bad speech with more speech. The first amendment controls what -- worthwhile in this bill only if you eliminated the 11 definitions that are all speech violations? It is the first amendment. I will support the bill if we get rid of the 11 definitions.
▶ 1:19:40Sen. Paul: I propose we should actually vote on senator kaine's resolution.
▶ 1:19:43Chair Cassidy: The federal government cannot compel anyone to do something that is on constitution. This is unnecessary for timing purposes we will proceed to the vote. I will be voting no. The clerk shall call the roll. [roll call]
▶ 1:21:10Chair Cassidy: 13 ayess, 10 nays.
▶ 1:21:14Chair Cassidy: We have time for two amendments. After these next two, we will have to move on to the next bill.
▶ 1:21:24Sen. Sanders: What president's or that people cannot offer an amendment in an important markup? You can't aggressively say can offer an amendment. Sorry amendment.
▶ 1:21:42Chair Cassidy: The restraint strategy to defeat this bill. It is unfortunate but that is the constraints. It is the discretion of the chair. This bill should not be defeated by death by a 1000 -- by process. The minority had the option to give us time to fully debate in the minority chose not to. We have time for two more.
▶ 1:22:10Sen. Sanders: The chairman knows what is happening here is going on for years. No great conspiracy. This is an important issue. People are prepared to come back on another day to continue this debate.
▶ 1:22:20Chair Cassidy: Will you waive the to our world?
▶ 1:22:27Sen. Sanders: I don't have the authority. Call up your leader.
▶ 1:22:29Chair Cassidy: It was senator schumer.
▶ 1:22:34Sen. Sanders: This is nothing new. This has gone on for years.
▶ 1:22:36Chair Cassidy: We have time for two more amendments.
▶ 1:22:43Senator Sanders: We want to get a vote where we are on my amendment. >> listen, you are hearing not a legitimate concern and grievance from members of this committee.
▶ 1:23:00Chair Cassidy: Senator sanders, are you ready with your amendment? >> why can't we come back tomorrow to continue the markup?
▶ 1:23:06Chair Cassidy: The minority should have allowed us longer than two hours. >> come back tomorrow. What is the reason?
▶ 1:23:13Chair Cassidy: Then you give another two hour limit.
▶ 1:23:18Sen. Sanders: Freedom of debate.
▶ 1:23:19Chair Cassidy: Senator sanders, do you have an amendment? >> I have an amendment at the desk will stop I call it my amendment to s558 and ask for the yeas and nays >> the yeas and nays . Anti-semitism is rising in our and must be condemned.
▶ 1:23:47Chair Cassidy: We need our federal government to have the tools and resources to combat hate in all forms. Whether that be hate directed toward the jewish community or whether that hate to be directed toward the black come lgbtq students, or individuals with disabilities. Unfortunately, this administration is actively undermining our civil rights institutions eroding protections for students. My amendment is simple.
▶ 1:24:14Chair Cassidy: It would ensure the secretary of education does not fire the civil servants that investigate and, anti-semitism investigations in our schools. It would ensure the secretary does not haphazardly reorganize the department's office for civil rights, shuttering regional offices, including the one that serves students in my state of maryland.
▶ 1:24:35Chair Cassidy: In doing so, my amendment would prevent delays into investigations into anti-semitism or other forms of discrimination in education, prevent this administration for making campus is less safe for not only jewish students but all students by preventing ill-conceived cuts to the office for several stop at the time this administration took over, there were 270 open ocr cases impacting 1.3 one million students in my state and without enough offices of civil rights staff to do the job
▶ 1:25:07Chair Cassidy: Investigators caseloads would grow to an untenable level. Students at base anti-semitism may not have any recourse. Any effort to combat anti-semitism in our schools must protect the very mechanism by which jewish students can suggest is in redress for their discrimination. I urge my colleagues to vote yes on my amendment.
▶ 1:25:24Chair Cassidy: This is reduction in force of ed's office of civil rights. This bill aside from preserving freedom of speech is also about protecting jewish students on campuses. I call for the vote.
▶ 1:25:42Chair Cassidy: [roll call] I
▶ 1:26:32Chair Cassidy: Have 11 ayes and 12 nays.
▶ 1:26:36Chair Cassidy: One more amendment.
▶ 1:26:40Sen. Sanders: Amendment number five. This provides for the consideration of the definition of anti-semitism set forth by international holocaust remembrance lines for the enforcement of antidiscrimination laws inserting education programs or activities and for other purposes.
▶ 1:27:03Sen. Sanders: Once again, the point we want to make is in our country, people have a right to express their point of view whether it is against the policies of the israeli government or any other government or on any other issue. >> I would like to speak for the amendment.
▶ 1:27:25Chair Cassidy: Senator paul.
▶ 1:27:29Sen. Paul: Yes, I would like to begin by asking unanimous consent that we enter into the records the names of 400 jewish american comedians who have referred to jews in stereotypical language which perhaps may be condemned by this bill and I would like to at least have their names introduced in the record.
▶ 1:27:55Chair Cassidy: Without objection. Simple rand
▶ 1:28:06Sen. Paul: I wanted to read e I thought was -- I was looking to this this morning and are so many, I do not know how many jewish comedians we have. This is from joan rivers. She says, I am jewish. I don't work out. If god had wanted us to bend over, he would have put diamonds on the floor. That is obviously very negative that jewish people think only of money. She is jewish and it is funny.
▶ 1:28:39Sen. Paul: Or it is not funny. But it is a right to make a joke . Most jokes are about stereotypes. If you look at most of the seinfeld episodes, there is one on native americans and the totem pole and scalping and tickets and all these things you're not supposed to say anymore. We have become a humorless suicide if you want to restrict people speech. Some of it is bad speech. I don't -- I'm not going to rally where people say thomas is great. I think hamas isevil.
▶ 1:29:11Sen. Paul: At the same time I don't want to prohibit speech and protest on college campuses. I think it is a huge mistake. I realize we are enforcing the department that has armed police to enforce this new speech code. >> Mr. chairman? >> I will reiterate the fact one can say whatever they want to, that is protected by the constitution. That is not the question.
▶ 1:29:41Sen. Paul: The question is that conduct that follows. Have the conduct itself is unlawful, the question is why? The examples in this legislation only provides direction on wine. The conduct, not the speech, is what is in question.
▶ 1:29:59Sen. Sanders: Briefly respond to senator scott. There are people in jail right now who have not had any due process. You know why? They wrote an op-ed in their student newspaper.
▶ 1:30:11Sen. Scott: According to this bill, however, that would not be the case.
▶ 1:30:16Chair Cassidy: We have got to move. The activities in question are protected by the rule of construction. >> I would like a vote on overruling the chair on whether I can have a minute to respond to the debate most of let's have a vote on whether or not the chair gets to just dictate we have no freaking debate over the first amendment. I'm looking for a minute, two minutes to respond and not in a mean way. I want to make a point.
▶ 1:30:42Chair Cassidy: We can have their vote and you can speak while we talk. By the way, just to let you know, we are calling the floor to see if we can have a reconsideration of the two hour limit upon this committee hearing. I would ask none of my colleagues on the democratic side to go to the floor to object. I would ask you to contact your floor leaders and ask them to not object.
▶ 1:31:10Chair Cassidy: If you're truly interested in having a debate and not just using this as a way to kill the bill, did not I would ask you to call your floor leader and ask not to put the two are debate on us. I'm operating under district created by the minority. I'm sorry about that but we have got to get to the legislation. >> what can I have one or two minutes?
▶ 1:31:31Chair Cassidy: One minute. >> I'm not going to play that game.
▶ 1:31:35Chair Cassidy: Then we have to go. >> I make a motion we overruled the chair on not allowing any response to debate. That is ridiculous. >> if the house can declare one day is the whole year, he could take two minutes.
▶ 1:31:49Chair Cassidy: One minute. >> very quickly, I consider senator scott to be a friend, I don't ever -- would never insult him or say anything bad about him. The notion that all of this is about is not speech is belied by the 11 examples because the work they use are calling for, words, making and dacia's allegation.
▶ 1:32:14Chair Cassidy: Those are words accusing jews, those are words, denying the holocaust, words. Every one of these 11 examples of anti-semitism is words, not actions. It is interesting when the chairman started this whole debate he said, welcome students should be allowed to take over campus. It has nothing to do his speech. I would let them do all that stuff. I would not let them block -- I would put them in jail. That is not speech.
▶ 1:32:45Chair Cassidy: When somebody gets up and says the river to the sea or whatever, you are going to put them in jail and stop them, that is speech. You can't regulate speech. Every one of the 11 examples is about speech. It is not about actions. >> yield within your two minutes. >> the examples point to the why , the conduct that follows the speech is anti-semitic.
▶ 1:33:12Chair Cassidy: The examples -- you can say every one of the 11 examples and not have any challenges as long as your next act is --. >> doesn't say that. >> the bill itself does. The examples are there to give --. >> why the examples? I would be for the bill if you get rid of the examples. The examples are confusing. All speech, not activities. >> the examples are not suggesting the speech is the issue, it is the conduct.
▶ 1:33:40Chair Cassidy: >> we don't know that because they are listed as anti-semitism that apply to the definition. We can simplify this and be on the same page if we get rid of those definitions. Those definitions make it very confusing.
▶ 1:33:53Chair Cassidy: We shall vote on the amendment. The clerk should call the roll. [roll call]
▶ 1:35:18Chair Cassidy: 13 ayes, 10 nays. The amendment is agreed to.
▶ 1:35:24Chair Cassidy: I would like to propose unanimous consent request that we asked the floor to waive the two hour limitation on debate. That seems to be the issue here. That is what has put is constrained in terms of our debate. Is there any objection to that unanimous consent?
▶ 1:35:54Chair Cassidy: I'm asking unanimous consent to the committee requesting the floor to reconsider that you are limitation on our debate. >> I want to talk to my colleagues.
▶ 1:36:08Chair Cassidy: Two minutes. We are in a two minute recess. Dependent upon the call of the chair.
▶ 1:37:58Chair Cassidy: What is before us is a request for unanimous consent for us to contact the floor and to ask them to waive the two ho limitation so we can have this whole debate that everyone keeps requesting.
▶ 1:38:14Sen. Sanders: I reject.
▶ 1:38:14Chair Cassidy: That speaks volumes. Centers go well good.
▶ 1:38:18Chair Cassidy: We are good to move on to the next bill.
▶ 1:38:22Sen. Sanders: Are you going to vote on this one?
▶ 1:38:24Chair Cassidy: No, we are going to roll it final passage to the end. >> we would like a vote on waiving the two hour rule. Centers the clerk should call the rol. [roll call]
▶ 1:38:55Sen. Sanders: As for clarification.
▶ 1:38:58Chair Cassidy: The parliament hearings are conferring. Never mind, I am told we cannot vote. It will be noted that minority party does not want to extend beyond two hours of debate. At this time for the discretion of the chair, we shall end at the debate on the amendments and I will note the number of
▶ 1:39:29Chair Cassidy: Amendments we debated today are unrelated to protecting jewish students were improving educational opportunities. This is kind of more of what we have seen, is to post president trump's agenda at all cost. This is unfortunate but republicans will work to improve the lives of american students and the american --.
▶ 1:39:51Sen. Sanders: If I could briefly respond. What we have seen is a debate on whether or not this country moves forth territory and form of society, whether we protect the constitution and the first amendment. I think that is of some importance.
▶ 1:40:03Chair Cassidy: We will consider s163. With a manager's amendment. I moved to adopt the manager's amendment and have it to be considered original text for the purposes of further amendments. Although some paper please say aye. Although suppose say nay. The motion is agreed to. Are there any members who wish to speak or offer an amendment to s163. >> Mr. chair.
▶ 1:40:30Chair Cassidy: Senator hassan.
▶ 1:40:34Sen. Hassan: I want to start by saying I am not going to offer hassan amendment number one which would expand the focus of the civil rights awareness campaign and other requirements created in this underlying bill to include additional forms of determination such as discrimination against students with disabilities.
▶ 1:40:55Sen. Hassan: Because the chair has indicated he wants to work with us on this amendment on the substance of this amendment in a different way, with a different bill, I will not offer that and I appreciate the chairs constructive approach here. I do have two additional amendments but I don't want to speak out of turn. I just wanted to acknowledge or willingness to work on the content of hassan amendment number one.
▶ 1:41:20Chair Cassidy: It is always great to work with you.
▶ 1:41:25Sen. Hassan: Thank you. I have two other amendments but I don't know if others want to go first.
▶ 1:41:31Chair Cassidy: Why don't you go.
▶ 1:41:35Sen. Hassan: I want to offer hassan amendment number two. I would like to offer this so that we can ensure the department of education's office for several can close a complaint if requested to do so by the student who filed the original complaint. Under current policy, the office for civil rights can dismiss a complaint if it is withdrawn by the student or individual who filed it.
▶ 1:42:01Sen. Hassan: However, the bill we are considering would take away the ability for the office of civil rights to close a case if it is closed by a school at the request of the student who filed the complaint. We have to ensure students retain some level of autonomy and have a say in the pursuit of the civil rights complaints they file, so I urge my colleagues to vote yes on hassan amendment number two.
▶ 1:42:24Chair Cassidy: Senator cassidy will be voting aye. I asked the clerk to call the roll. [roll call]
▶ 1:43:44Chair Cassidy: 17 ayes, six nays, amendment is agreed to.
▶ 1:43:51Chair Cassidy: Senator sanders.
▶ 1:43:54Sen. Sanders: Amendment number four, simple and straightforward , simply requires the inspector general to issue a report within six months auditing doge employees and the role in the department of education's decision-making and layoffs. Doge and elon musk have already laid off half of the staff of the department of education which is jeopardizing funding, civil rights of students throughout the country.
▶ 1:44:23Sen. Sanders: Congress and the public still do not have information on which staff required, with the responsibility's work, what the department's to ensure programs still function. We have responsibility to receive this information. I urge my colleagues to vote yes on this a minute.
▶ 1:44:37Chair Cassidy: This market is about protecting students on college campuses and has nothing to do with doge. The clerk shall call the roll. I shall be voting no. [roll call]
▶ 1:45:50Chair Cassidy: Ayesayes 12, 11 nays, amendment agreed to.
▶ 1:45:54Chair Cassidy: We shall start voting on final passage of these two bills. We have to give a little extra time because people have to return as well know people are being pulled in different directions. Senator hassan.
▶ 1:46:07Sen. Hassan: Would like to offer hassan amendment three, protecting students of campus act. This would nullify president trump's executive order to close the U.S. department of education . It is absurd as were talking about the important work the department of education does in helping students pursue higher education that the president is working to entirely eliminate the department of education.
▶ 1:46:34Sen. Hassan: My amendment would prevent the president's reckless and misguided assault on the department of education's critical work to support students and schools across the country. I asked for a vote and I urge my colleagues to vote yes.
▶ 1:46:45Chair Cassidy: This amendment is a distraction and I recognize this is important but congress cannot overturn executive orders . It is not within the scope of what we are considering. So I moved to table amendment number three of senator hassan on senate 163. For clarification, I guess vote means the mm it will be placed on the table, no longer considered for passage.
▶ 1:47:15Chair Cassidy: I shall be voting yes. The clerk should call the roll. [roll call]
▶ 1:48:23Chair Cassidy: 12 ayes, 11 nays.
▶ 1:48:26Chair Cassidy: On our side we are contacting people to come back for the vote. I'm assuming you like to contact your members as well but you don't have to. We shall proceed to the next amendment. Yes ma'am. >> I have an amendment at the desk and ask you call up alsobrooks number 12 s163. I want to make this as simple as possible. No one should fear their safety at school.
▶ 1:48:55Chair Cassidy: This is number one?
▶ 1:49:00Sen. Alsobrooks: No one should fear for their safety because of who they are in students at face antisemitism or any form of discrimination should have recourse against that discrimination. Yet this administration just summarily fired half of the civil servants at the departments office for civil rights and shattered ocr regional offices, offices including the philadelphia regional office, the very opposite reviews discrimination cases in my state of maryland.
▶ 1:49:26Sen. Alsobrooks: These ocr office served nearly 60,000 public schools in over 30 million k-12 students. I want to make this clear for the american people. When discriminating -- when decimating the department of education and the office for civil, office of civil rights attorneys intervene when schools ignore complaints from students who are repeatedly called racial slurs or subject to hateful speech or imagery like the swastikas on campus.
▶ 1:49:53Sen. Alsobrooks: It provides the technical assistance schools need to train staff on anti-harassment practices, combat harmful behaviors, and tilled welcoming environments. It holds k-12 schools and colleges that fail to meet this standard accountable. So my amendment would assure the secretary of education does not fire the civil servants that investigate and combat anti-semitism investigations in our schools. I urge my colleagues to vote yes on my amendment.
▶ 1:50:21Chair Cassidy: This is amendment that relates to reduction in force reorganization of the office of civil rights, not related to the bill which is before us. I shall oppose. >> is a quick word?
▶ 1:50:39Chair Cassidy: I want to thank my colleague for raising this as well as in previous bill because I do think as we talking as a committee about what types of parameters we should be looking at and what not, we should be thinking about how that is executed. I think that is what the senator was getting at. I think that is very much in the purview of this committee.
▶ 1:51:00Chair Cassidy: When I see the types of cuts to the office of civil rights as well as the language about abolishing the department of education, it does worry me greatly about how we are able to tackle anti-semitism and other types of discrimination on college campuses. I wanted to be able to lend my name in support of this effort to stand up for our efforts to implement and execute protections for students.
▶ 1:51:23Chair Cassidy: The clerk should call the roll. The chair shall be voting no. [roll call]
▶ 1:52:17Chair Cassidy: I have 11 ayes and 12 nays.
▶ 1:52:22Chair Cassidy: Another amendment .
▶ 1:52:28Sen. Alsobrooks: I call up an number two. >> this would create transparency within the department of education.
▶ 1:52:43Sen. Alsobrooks: Basically, it follows on the last amendment that as we look at implementing these goals, there must be capacity to implement them, particularly when we are seeing potential elimination of the department of education as well as shrinkage is in the full-time staff.
▶ 1:53:05Sen. Alsobrooks: Specifically it would require the secretary of education to report to congress every 30 days on the number of full-time staff by role in office and also require the submission of an updated organization chart with that monthly report. Since this administration has been focused on transparency, talk about efficiency, I hope my colleagues will see this amendment and its importance and that it is simple and straightforward.
▶ 1:53:33Sen. Alsobrooks: We should ensure that we in congress can provide the oversight that we were meant to have over the executive branch. I urge my colleagues to support this amendment and as for the yeas and nays.
▶ 1:53:44Chair Cassidy: I recognize this as important to have members -- senator blunt rochester, the issue is not within the scope of the legislation that we are considering. I move to table amendment number two for blunt rochester -- of senator blunt rochester for s163. Is there sufficient second? For clarification, guess that means the amendment will be placed on the table and the longer considered for passage. I shall be voting yes and the clerk shall call the roll.
▶ 1:54:14Chair Cassidy: [roll call]
▶ 1:55:11Chair Cassidy: I have 12 ayes, 11 nays. The motion is tabled.
▶ 1:55:19Sen. Rochester: I call up amendment three.
▶ 1:55:25Chair Cassidy: Sender shall proceed.
▶ 1:55:29Sen. Blunt Rochester: This is something I think all of us can agree on. It is simple. The protecting students on campus act would create a public awareness campaign for submitting civil rights complaints at institutions of higher education. My amendment would assure the campaign is accessible and ada compliant. If we want students to be able to submit complaints, we need to make sure all students can do so equally.
▶ 1:55:57Sen. Blunt Rochester: Means campaign materials with braille or audio accompaniments for visually impaired students, it means ramps to the office of civil rights on college campuses for students who use mobility aids. It means asl interpreters in those offices for students who are deaf or hard of hearing. It means universal design with accessibility in mind. I'm sure my colleagues want to protect access to civil rights for all studts and I urge all of you to support this amendment . I asked for the yeas and nays.
▶ 1:56:27Chair Cassidy: Ensuring all students will be able to understand and access public awareness campaign for their title vi rights. I think senator blunt rochester for this thoughtful and constructive amendment. I shall be voting yes. I asked for the clerk to call the roll.
▶ 1:56:43Chair Cassidy: [roll call] 23
▶ 1:57:53Chair Cassidy: Ayes.
▶ 1:57:54Chair Cassidy: I think we have time for one more amendment. We will take a two minute recess. Subject to the call of the chair.
▶ 1:59:47Chair Cassidy: We will come to order. We have senator murray. Sen.
▶ 1:59:53Murray: I appreciate it and I want to call up murray amendment number one and speak in favor of my amendment. It is simple. It would require the secretary of education to restore staffing levels for the investigative staff at the office for civil rights and restored the regional office structure that existed before trump took a hatchet showed that office. Trump has fired nearly half the agency and shattered more than half of the ocr offices.
▶ 2:00:19Murray: These actions have thrown 6000 cases into question and let students in 28 states without the necessary resources to fight back. We cannot protect students on campus if we do not have the necessary staff at ocr. If we are serious about fighting anti-semitism, if we are serious about protecting students from illegal discrimination, we need to get serious about staffing at the ocr and a request the yeas and nays.
▶ 2:00:47Chair Cassidy: This legislation is not a place to consider that. Teacher should be voting no. The clerk shall call the roll. [roll call]
▶ 2:01:58Chair Cassidy: 11 ayes and 12 nays.
▶ 2:02:11Chair Cassidy: I'm getting my folks back over here. I think we have time for one more amendment perhaps. Does anyone else have another amendment? We will be in recess subject to the call of the chair. But it shall be soon.
▶ 2:06:23Chair Cassidy: The committee shall come back in session. We will do further vote for another day. The committee stands adjourned.