▶ 0:24:40Chair Cruz: Good morning. The senate committee on,, and transportation will come to order, today executing on one of our most important responsibilities, oversight. To defend the taxpayer and stop of malfeasance, congress possesses the "means of inquiry," as james wilson put it, to help inform our legislators work.
▶ 0:25:08Chair Cruz: In recent years, the senate has allowed our oversight muscles to atrophy. Oversight rarely occurs within our standing committees. I believe our country is worse off for it. It is a void that I tried to fill as ranking member and a front where I will continue to lead as chairman. To that end we will be making a motion to authorize a subpoena to the massachusetts port authority today.
▶ 0:25:38Chair Cruz: This authorization stems from an investigation that I initiated last congress as ranking member. In october of 2023, I began investigating the effect of the biden immigration policies on aviation and airport security. A key focus of this investigation has been the sheltering of illegal immigrants at domestic airports.
▶ 0:26:04Chair Cruz: In january of 2024, following reports that o'hare airport was housing illegal immigrants, I and six other members of the committee sent a letter to the mayor of chicago. The letter noted that the obligations that come with receiving federal airport improvement funds, including that the airport and its facilities must be available for public use as an airport.
▶ 0:26:35Chair Cruz: I subsequently sent letters to the federal aviation administration, the association representing the owners and operators of commercial airports, and of the port authority of new york and new jersey, which operates john f. Kennedy international airport.
▶ 0:26:52Chair Cruz: March 4, 20 24, I along with other republican members of the committee sent a letter to massport seeking information about the illegal aliens living in boston's logan international airport, which had been acting as a sanctuary airport since july of 2023. You can see this image is not what one expects of a typical airport.
▶ 0:27:18Chair Cruz: It is certainly not what one expects of an airport receiving federal taxpayer funds and then diverting the funds for the political agenda of the white house rather than devoting the funds for the stated purpose, to run an airport available to the public. After I sent the letter, my staff reached out to massport a total of nine separate times. By email and by phone.
▶ 0:27:51Chair Cruz: In august, having still received no response to my march letter, I sent another letter instructing massport to preserve all records referring to or relating to the housing or sheltering of illegal aliens at airports or airport facilities and law enforcement incidents involving illegal aliens at or involving an airport. Three, communications with federal officials.
▶ 0:28:17Chair Cruz: I requested a response by august 23, 20, stating that failure to respond could result in compulsion. I never heard a thing. To date, the questions from my march 2024 letter have not been answered, though I will note that in the last few days my staff has had improved conversations with massport about compliance. That said, they were given ample opportunity to engage with the committee.
▶ 0:28:48Chair Cruz: There recalcitrance should be contrasted with the approach of the city of chicago and the port authority of new york and new jersey, both of which engaged and provided requested documents and communications. That is why we are not voting on any compulsory process concerning chicago airhead -- chicago o'hare airport or jfk airport. Those two institutions made the decision to comply with senate oversight.
▶ 0:29:18Chair Cruz: It was massport alone that made the decision to utterly defy and ignore our oversight efforts. That is why we are voting today to authorize a subpoena to massport. Whether the subpoena will be issued will depend in large part on the actions of massport moving forward.
▶ 0:29:39Chair Cruz: It is important to note that we are not voting today to authorize subpoenas on two other entities that we had planned to and noticed initially, bob tara and newpoint strategies, as they have made good faith efforts to comply.
▶ 0:30:02Chair Cruz: A tech company, von terra, was the subject of an oversight report last year about how tech platforms were deplatforming conservative organizations with which they disagreed politically . Like massport, they had -- refused to comply with reasonable oversight.
▶ 0:30:27Chair Cruz: However, upon noticing this hearing to authorize the issuance of a subpoena, vonterra reached out and affirmatively agreed to provide the requested documents by march 19. I intend to hold the company to that commitment.
▶ 0:30:43Chair Cruz: Similarly, just last night, the second of the three subpoenas that we were going to vote on today, a subpoena directed at newpoint strategies, just last night newpoint strategies reached out and affirmatively produced the documents we requested.
▶ 0:31:04Chair Cruz: I intend to review those documents to make sure that newpoint, which had been given thousands of taxpayer dollars to conduct diversity training for employees is held to account. They are one of several companies whose products run afoul of the recent presidential order on ending radical wasteful government d.e.I. Programs.
▶ 0:31:26Chair Cruz: I worry that vendors like newpoint have been attempting to whitewash a liberal bias and rebrand materials to evade the presidential directive. For example, the company has suddenly and magically deleted multiple pages from their website, including an incriminating article entitled "don't cut back on d.e.I., three reasons why." when you attempt to access the article now, you get a 404 error
▶ 0:31:59Chair Cruz: That suddenly the website page in question no longer exists. The committee will remain vigilant as we review this recent production. There are times when we should be firm. Vonterra and newpoint's compliance in the face of their four previous refusal to comply demonstrates what can be accomplished with even a little pressure.
▶ 0:32:25Chair Cruz: So, I urge my colleagues today to vote to authorize a subpoena to massport and send a clear message on the consequence for failing to comply with congressional oversight. I now turn to the ranking member for her remarks.
▶ 0:32:39Sen. Cantwell: The committee is voting on motions for the chair to issue subpoenas on a broad array of documents to massport, the operator of logan airport. I'm all in for the committee conducting oversight responsibly to dig into matters that may inform the committee about necessary changes to legislation or oversight, I'm concerned that the subpoena authorization at this time doesn't meet that standard.
▶ 0:33:05Sen. Cantwell: Going back 20 years, the chair and ranking member of this committee typically read -- worked together to reach consensus on subpoenas because there was no question that the matter was improper or the party being investigated was not being cooperative. The subpoena authorization being requested today is, I believe, premature. When I heard your arguments, Mr.
▶ 0:33:28Sen. Cantwell: Chairman, I do not believe you have exhausted all of your options in your capacity, given that massport is responding, to seek the information and documentation, and now you are getting communication from them. Regarding logan airport, the facts are simple. Senator cruz asked massport for a seer -- for written answers to a series of questions.
▶ 0:33:51Sen. Cantwell: They have not yet provided responses but in recent days they have promised in writing to answer all of the questions by march 10, five days from now. This may well be good, but the issues of the investigation, whether migrants were sleeping at the airport and if it violated federal law, this practice ended eight months ago when the massachusetts governor, maura healey, banned it and closed the operation.
▶ 0:34:22Sen. Cantwell: The motion to authorize a subpoena to massport isn't the only matter that was put on the agenda. The chairman mentioned this other issue and I don't know if you plan to take action, I heard your comments. I wanted to say something about newport strategies, a small woman owned business simply fulfilling a contract competitively awarded during the trump administration in 2018.
▶ 0:34:46Sen. Cantwell: Senator cruz wanted to authorize a subpoena to the small company for documents related to the contract on workforce training around sexual harassment and federal discrimination laws. The chair has since withdrawn his request for the subpoena and newport has provided documents, the voluntary production proving that the chairman can get the information requested just by threatening subpoenas.
▶ 0:35:09Sen. Cantwell: I want to point out how unnecessary it is to even request the documents from newport, voluntary or otherwise, since the contract is with the department of commerce. The department of commerce could easily have given us that information. Let me say again, employment training to prevent workplace harassment of any kind is not d.e.I. Indoctrination or propaganda. Instead, it's good risk management.
▶ 0:35:37Sen. Cantwell: According to the equal opportunity employment commission of 2019 through 2024, the federal government paid out 820 $6 million to federal employees who were victims of illegal them -- discrimination in the workplace. The public sector, state and local governments paid over 2.3 billion dollars during that same timeframe. Yes, discrimination happens and good ways to prevent it are by listening to people in the hr business. It's a good idea.
▶ 0:36:05Sen. Cantwell: These types of trainings for taxpayers and companies. This committee has seen firsthand the numerous effects of sexual harassment, violence in the workplace. We have to look no further than the operation foul anchor, the coast guard investigation into the reports of sexual assault and sexual violence at the coast guard academy and at sea that were swept under the rug by the coast guard.
▶ 0:36:30Sen. Cantwell: This scandal has had a profound effect not only on the survivors of sexual assault and harassment but also the reputation of the coast guard is a safe place to launch a career. This committee investigated the matter and it led to the provisions of the coast guard bill to approve training and awareness and getting coast guard to restore confidence in the ranks. I do believe that these hr efforts can be very effective.
▶ 0:36:58Sen. Cantwell: What we know is that sexual harassment and intake discrimination trainings are an important tool to expose these behaviors and prevent them from becoming normalized. Even if there is no sexual harassment or unlawful discrimination, and inclusion policies, you know this issue must be dealt with.
▶ 0:37:23Sen. Cantwell: I do believe that this committee needs to continue to -- let me just say something about this as it relates to our committee. For example, to meet air traffic controller needs, the faa must continue to attract high quality candidates from all backgrounds, including targeted hiring initiatives on a broad base of talent that's better positioned to overcome the high washout rate of the academy.
▶ 0:37:53Sen. Cantwell: Under whitaker, this the faa retained rigorous hiring standards with strict qualifications while implementing smart recruitment strategies. I am sure we will talk more about this in the future. So, I want to again work with my colleagues on legislation that I think the committee should be spending our time on.
▶ 0:38:18Sen. Cantwell: I fully believe that the committee has a long history in recent years of producing great legislation. The infrastructure bill, the chips and science bill, and now we have a challenge to produce a new aviation safety bill, work on the surface transportation bill. As the president said last night, let's get busy shipbuilding. I met more than happy to do that. These are the issues we should be focusing on instead of these document requests that people seem to be complying with.
▶ 0:38:49Sen. Cantwell: I do think that my colleagues will have a lot to say about this. As we have seen this morning, you're making progress. Massport has agreed to a response to you by march 10. I see no need for a subpoena today. Thank you, Mr. chairman.
▶ 0:39:04Chair Cruz: Thank you, ranking member cantwell. Number one, describing newpoint and the d.e.I. Instructions, the ranking member said that was six foot -- simply sexual harassment training and antidiscrimination training. Unfortunately, it wasn't. That's the problem with d.e.I.. It's not urging people to comply with federal law. It's not urging people to not discriminate based on race. If it did that, that would be consistent with federal law. D.e.I. Is the opposite.
▶ 0:39:34Chair Cruz: It's a lot -- radical left-wing ideology urging institutions to affirmatively and aggressively discriminate based on race and gender, discriminate based on sexual orientation. It is that discrimination that is both fundamentally wrong and contrary to federal law that became the driving impetus of the biden administration.
▶ 0:39:56Chair Cruz: As the ranking member said, 800 million dollars was spent indoctrinating employees that you must discriminate based on race. It's directly contrary to our civil rights laws, which is why the american people are so profoundly unhappy with the farce that is called d.e.I..
▶ 0:40:16Chair Cruz: I would note as well that the prospect of housing illegal aliens in public airports, illegal aliens who may well be criminals, who may well be violent, who may well be gang members who pose a security threat to the flying public is a gross dereliction of the responsibility anyone receiving federal funds has.
▶ 0:40:37Chair Cruz: This committee has an obligation to ascertain the extent to which and the reason that that misuse of funds occurred. Did it occur with the blessing and encouragement of federal officials? Senator cantwell said massport agreed to answer questions in the letter. That's true. But they refused to do is hand over any of the documents.
▶ 0:41:06Chair Cruz: That refusal raises an obvious inference that the documents contain information that massport desperately wants the committee not to see. The subpoena for which we will be voting to authorize is to subpoena those documents. Those documents are directly responsive to the requests they were given. I will point out, massport could have behaved like chicago o'hare. Could have behaved like jfk and complied with the oversight.
▶ 0:41:36Chair Cruz: Apparently they believe that the senate has no jurisdiction in the commonwealth of massachusetts. If they believe that, that belief is in error. With that, I recognize senator blackburn for a motion.
▶ 0:41:51Senator Blackburn: I moved the senate committee authorizes the chairman to issue ace to the massachusetts port authority for , one, documents and communications related to the sheltering of illegal aliens at logan international airport, putting communications with third parties such as the federal government, the commonwealth of massachusetts, city of boston, and nonprofit
▶ 0:42:21Senator Blackburn: Organizations. Two, documents and communications referring to or relating to any security incident or law enforcement action involving an illegal alien at logan international airport or on aircraft flying into or out of logan international airport.
▶ 0:42:41Senator Blackburn: Number three, organizational charts and documents identifying individuals and entities involved in the sheltering of illegal aliens at logan international airport. Thank you.
▶ 0:42:54Chair Cruz: Is there a second? Is there a second? There is. Any discussion?
▶ 0:43:08Senator Peters: I'm opposed to this motion. Having served as chairman of the homeland security and governmental affairs committee, the primary oversight committee for the U.S. senate, I certainly fully support and know the importance of strong, vigilant, objective oversight.
▶ 0:43:27Senator Peters: The most effective oversight is achieved in good faith and a bipartisan manner, following established procedures and practices, focus on results, not show votes. That's why I'm disappointed today that we are having the first part markup of the subpoena authorization on this committee in recent history.
▶ 0:43:48Senator Peters: Subpoenas should be a last ditch to compel testimony or information from a legitimate target for oversight that has repeatedly refused to cooperate with the committee. Ideally, after bipartisan request. In this case we know the recipient has already agreed to voluntarily provide the information that has been requested to this point, which makes this authorization unnecessary.
▶ 0:44:16Senator Peters: The subpoena authorization is also very broad in scope, much broader than what was asked for in the first place, in the first request for information. Finally, I'm concerned by the potentially politically motivated nature of the subpoena, premature and overbroad as it is, directed at a local government entity.
▶ 0:44:36Senator Peters: As a champ bipartisan oversight, I welcome the opportunity to work with my colleagues across the aisle on legitimate oversight inquiries, however I don't believe that that is the situation we have at hand today, which is why I plan to oppose the motion and would urge my colleagues to do the same as we continue to work together and find ways to work together in a bipartisan way.
▶ 0:44:55Chair Cruz: Thank you to senator peters for his comments. There is irony to his comments and that this year senator peters in his ranking voice vote voted to give the chairman of hsgac the unilateral authority to issue subpoenas, which it now has and the chairman of that committee is now a republican. I will also point out that senator peters urged that subpoenas should be good faith and bipartisan.
▶ 0:45:23Chair Cruz: In this instance it's most certainly in good faith, it's the result of multiple repeated communications with massport. Not only the initial letters, but nine separate inquiries, phone and email, trying to follow up on those inquiry -- inquiries. It stands in stark contrast to how other entities who received the inquiries behaved. Jfk airport in new york is hardly some right-wing republican institution.
▶ 0:45:52Chair Cruz: Chicago o'hare airport in illinois is hardly some right-wing institution. Yet both managed to comply with committee oversight. The behavior of massport was markedly different. Characterized by a complete lack of concern that it was subjected to any oversight whatsoever. You are right, they are a local entity, but it is a local entity that actively's civilians in federal taxpayer funds. Those funds are given for an explicit purpose.
▶ 0:46:22Chair Cruz: That purpose was misused. Now, senator peters said oversight and subpoenas are better if they are in good faith and bipartisan. This one is certainly in good faith, but I have sadly little hope that it will be bipartisan.
▶ 0:46:38Chair Cruz: The reason I have little hope that it will be bipartisan is because I do not see any of my democratic colleagues expressing any interest in finding out why federal funds were diverted to house illegal immigrants under the policy of the biden administration that allowed 12 million people to flood into this country illegally and that victimized thousands of americans to violent crimes all over the country.
▶ 0:47:03Chair Cruz: The state of massachusetts right now is still refusing to cooperate with ice and federal authorities and are indeed releasing violent child molesters who are illegal aliens . They've done that in the past 30 days. Massachusetts has a violent child molesters who are illegal aliens who can and should be deported, but politics matters more than protecting children, so they are releasing violent child molesters into the community.
▶ 0:47:32Chair Cruz: Senator peters, I understand partisan disagreements on the top marginal tax rate. We can have discussions back and forth about whether it should be higher or lower. I will confess I'm at a loss on how someone explains that it is a good idea that what we need is more violent child molesters being released in our community. Nonetheless, that's the current behavior of officials in massachusetts, which may explain the massport defiance.
▶ 0:48:02Chair Cruz: So, I would extend an invitation to senator peters. If you would prefer the oversight be bipartisan, I welcome you to join us. I have little hope that that will happen, but you are certainly welcome to make it bipartisan and say that massport is not somehow unique from the authority of this committee in a way that no other entity is. Any other discussion? >> Mr. chairman, Mr. chairman?
▶ 0:48:25Chair Cruz: Senator markey?
▶ 0:48:29Senator Markey: I would like to take a moment to set the record straight on the motion to authorize a subpoena to the massachusetts port authority. It's a fishing expedition into the massachusetts government. It's unfair, unnecessary, and unprecedented. It leads this committee down a dangerous path. First, be clear. There are no migrants sheltering at logan airport. None.
▶ 0:48:58Senator Markey: There have been none since july of 2024. Eight months ago. This issue is resolved and over. Second, congressional committees, including this committee, have historically authorized subpoenas as a last resort only after repeatedly attempting and failing to obtain voluntary compliance.
▶ 0:49:26Senator Markey: I understand massport didn't respond to the chairman's letters last year before he was chairman, they have since agreed to voluntarily respond to his written questions by march 10, five days from now. Yet we are still wasting time and resources with today's markup.
▶ 0:49:48Senator Markey: Finally, the subpoena authorization is extraordinarily broad, requiring massport to turn over documents and communications involving numerous public and private entities in massachusetts. Yet the chairman first requested these documents and communications just last week.
▶ 0:50:07Senator Markey: In other words, we are wasting time and resources litigating an issue that is already resolved with a cooperating party on a request for documents first made just 10 days ago. This is no way to conduct a congressional investigation. At the same time, this committee is ignoring critical issues that are within our jurisdiction. Let's take aviation safety.
▶ 0:50:38Senator Markey: Thursday of last week, hold that up, hold it up higher. Elon musk tweeted, here's what he said last thursday. To be clear, here, the communication system with air traffic control is breaking down rapidly. The faa assessment is single digits. Months to catastrophic failure, putting air travelers safety at serious risk.
▶ 0:51:08Senator Markey: The starling terminals are being sent at no-cost to the taxpayer to restore air traffic connectivity. The situation is extremely dire. Extremely dire. Air traffic safety. Hair on fire from elon musk inside of the computer system, getting all the information he needs. That's what he's saying. We could have another accident.
▶ 0:51:38Senator Markey: It's dire. Instead, we are talking about a cooperating entity that is willing to cooperate with the committee on information requested only 10 days ago. This is five days ago. This is six days ago. This is from elon musk. He's saying we could have air tragedy. We could lose hundreds of people in an air tragedy. The situation is dire.
▶ 0:52:10Senator Markey: Where is the subpoena to elon musk? Where is the subpoena to the acting head of the faa? Where's that hearing? That's what we should be having right now. Let's put that information out. Let's do whatever we can do as the committee of oversight to ensure that the resources are there. That this is corrected.
▶ 0:52:38Senator Markey: So, if ever there was missing a forest for the trees, this is what we are doing in the committee here today. And so, we have got the cassandra-like warning. It's about as scary a message as I have ever heard. People are getting increasingly afraid to travel on planes.
▶ 0:53:04Senator Markey: The guy in charge of the oversight is saying that they should be afraid. Is that the message the commerce committee wants to send to the american public? That they should be afraid to fly? That conditions are dire? That it could be catastrophic? Instead we are talking about something that ended last july and that the entity is willing to cooperate? I don't think it's a good use of our time. I don't think that's a good use of our time.
▶ 0:53:35Senator Markey: Let's have that hearing. That's why I sent a letter to you, Mr. chairman, and the ranking member on monday of this week, requesting that elon musk appear. Requesting that -- yes, I will have an amendment. I will have an amendment. To me that is what this issue is all about. At this point, I yelled back, Mr. chairman. >> Mr.
▶ 0:54:01Senator Markey: Chairman, I -- sorry, senator markey?
▶ 0:54:07Sen. Markey: I would like to make amendment number one, yes. If the amendment could be called up? I would like to call up amendment number one.
▶ 0:54:27Chair Cruz: Please proceed.
▶ 0:54:30Sen. Markey: This amendment narrows the scope of the subpoena to massport to the written questions that that then ranking member asked massport for last year. As currently drafted, the subpoena authorization is breathtakingly broad, giving the chairman sweeping, unilateral authority to demand documents and communications involving numerous public and private entities in massachusetts.
▶ 0:54:59Sen. Markey: In fact the chairman first made the request for these documents and communications last week. Let's review the timeline. March of 2024, that then ranking member sent a letter seeking written answers to questions from massport. It wasn't until monday of last week, just 10 days ago, that the now chairman substantially expanded that request in a subpoena schedule provided to massport.
▶ 0:55:31Sen. Markey: In that schedule he stated his intent to seek a vast amount of documents and communications from massport related to migrants sleeping at logan airport. He requested those documents dating back to january 1 of 2021. Years before the incident that the chairman is reportedly investigating even occurred. This isn't the good governance investigation that the committee has historically been known for. This is a fishing expedition.
▶ 0:56:03Sen. Markey: I understand that the chairman is frustrated that massport did not respond to his questions last year. The motion as drafted is not limited to those questions. Markie amendment number one would fix that by limiting the scope of the subpoena to those written questions in the chairman's march of 2024 letter.
▶ 0:56:27Sen. Markey: I firmly believe that even with my amendment, the subpoena authorization is unnecessary and a waste of this committee's time and resources. As I said, there are many more important issues we should be debating in the committee as we are sitting here right now, but at the very least, the committee should not be authorizing its chairman, no matter who the person is, to demand communications and documents
▶ 0:56:57Sen. Markey: From state entities that requested the first time -- that were requested for the first time just 10 days ago. I just ask my colleagues, in fairness to not just massachusetts, but to any state, to not allow any committee to say that after 10 days there can be a subpoena issued by congressional committee. It's unfair.
▶ 0:57:24Sen. Markey: It should be limited just to the request that the chairman made last year. I ask for support on my motion.
▶ 0:57:33Chair Cruz: I appreciate senator markey's remarks in support of aviation safety and aviation safety is certainly a priority of all members of this committee on the republican and democratic sides. I will note that senator markey made a reference in his remarks saying that there have been no more illegal aliens housed at logan airport since july of 2024. That remark is in error.
▶ 0:58:00Chair Cruz: I'm going to read from a boston globe article dated september 17 of 20 24, substantially after july of 2024, the headline being that migrant families returned to logan, raising questions. Monday night one dozen haitian migrants slept in terminal a. I'm going to enter this into the record without objection.
▶ 0:58:23Chair Cruz: The senator from massachusetts spoke passionately about concerns for aviation safety, yet as we sit here, this committee does not know the answer to a great many questions about the long-standing practice of logan and biden to house hundreds or thousands of illegal aliens and airports meant for the traveling public. How many security incidents occurred with illegal aliens being placed in airports?
▶ 0:58:50Chair Cruz: How many women were assaulted by illegal aliens housed in public airports? How many children were assaulted by illegal aliens housed at logan airport? How many of the illegal immigrants had criminal convictions, convictions for homicide, rape? How many had convictions for child molestation? How many were members -- members of violent gangs now designated as foreign terror organizations?
▶ 0:59:17Chair Cruz: Of the illegal immigrants housed in airports, how many had weapons? How many had weapons within the security perimeter? How many attempted to access secure areas of the tarmac or other places designed to keep the traveling public safe? In response, the senator from massachusetts has no answers, none of us have answers.
▶ 0:59:39Chair Cruz: Massport will not answer those questions and what they are fighting tooth and nail against is actually producing the documents that have been requested. The senator from massachusetts suggested they were just requested 10 days ago. That was not correct. The march letter was not the only correspondence with massport.
▶ 1:00:01Chair Cruz: August 9 at 2024, more than 10 days ago, I sent a subsequent letter detailing the documents that they were to preserve and explicitly stating that that preservation was so that they could be subject to compulsory process. Massport could have avoided the hearing today I doing what vonterra and newpoint did. This isn't a secret. They knew how to avoid the subpoena. They could comply. Two of the three did that.
▶ 1:00:32Chair Cruz: Massport did not. To me that raises the inference that those documents, the answers to the questions I just laid out, or even worse than we might be imagining. If not, they could provide the documents. The senator markey amendment would take away the ability of this committee to get those documents and answer those questions. I would urge members to vote no on the markey amendment.
▶ 1:00:56Sen. Markey: Mr. chairman? Chair
▶ 1:00:59Cruz: Senator markey?
▶ 1:01:01Sen. Markey: Thank you. I have your letter from august 9 at 2024, which you just made reference to. Just so it's very clear, that letter that you sent to massport on august 9 of 2024 did in fact ask for preservation of documents, but it never asked them to be provided to you. You did not make that request. You did not make that request.
▶ 1:01:34Sen. Markey: So, it is inaccurate to claim that you ever sent massport a letter asking them to provide you documents. You never did that. The document preservation letter is not the same thing as a document request letter. They are two separate things. So, to make it clear, if you want to make that motion to request those documents, make it. Have this committee deal with that. You never asked for it.
▶ 1:02:00Sen. Markey: It's unfair to ask massport or any regional airport authority to be asked to now pay a penalty for something that they were never asked to do. It's just not right, it's not fair. So, again, I ask that your ripped letter be included with the record.
▶ 1:02:25Chair Cruz: Without objection.
▶ 1:02:27Sen. Markey: So that it's clear you never asked for it. The documents are not communications. That request was never made.
▶ 1:02:37Chair Cruz: I would note that if the burden is somehow unfair or unreasonable, somehow jfk managed to comply, somehow o'hare managed to comply, somehow vonterra and newpoint managed to comply. The only entity refusing to comply is massport. In the august 9 letter, I will read what it says explicitly.
▶ 1:02:59Chair Cruz: "if you refuse to answer question or produce documents, state so specifically and provide the reason for your refusal." in similar circumstances, failure to answer such inquiries have resulted in congress compelling parties to respond. Massport understood that compulsory process was on the table at least since august 9 of 2024. Senator cantwell, did you have additional comments?
▶ 1:03:26Sen. Markey: Mr. chairman, if we limit it to august 9, which is what my amendment does, I think you are within the purview of this committee's responsible use of its power. But you never made a request for documents or communications from the port authority. I just think it's unfair.
▶ 1:03:57Sen. Markey: There's no due process here. This is just a violation of fundamental due process. For massport or for any subject of any subpoena that will ever come from this committee. You made the request last monday for these documents. It's unfair to then say that you, 10 days later, are going to issue a subpoena and, by the way, notice it within the same week that you made the request. It's just not fair.
▶ 1:04:27Sen. Markey: Because the request is comprehensive, it's very broad, it's a fishing expedition. There should be given to massport or any entity subpoenaed by this committee a reasonable amount of time to produce these documents.
▶ 1:04:44Chair Cruz: Apparently the senator believes it's a fishing expedition to want to know if violent criminal aliens threatened or committed acts of violence against the traveling public. That strikes me as right at the heart of the committee's responsibility. I would note that the senator has already had 15 minutes arguing for this amendment and we have issues with maintaining quorum. Does senator cantwell have comments?
▶ 1:05:10Senator Cantwell: If I could, yes, I appreciate senator markey offering his clarity on that last point. Mr. chairman, several times you brought up these other issues, subpoenas and activities that are not really related to airports at all. So, comparing apples and oranges and saying that the process of compliance had no problems, it makes no sense.
▶ 1:05:36Senator Cantwell: I think that what people are looking for here is a standard of consistency. Having been on the committee for many years and seeing when -- in these opportunities the people who are trying to crystallize what it is that people are after. What information.
▶ 1:05:56Senator Cantwell: The senator from massachusetts, I think, is making a point that when you send a letter that basically asks a whole variety of questions from your staff, basically sending a letter last year asking lots of questions to be answered, that's different than actual subpoena documentation.
▶ 1:06:19Senator Cantwell: We know this well from our committee from different aviation safety cases, being specific about the documents you are actually requesting and that the chairman actually requests those, that's a very different answer than sending emails to accompany saying please answer 45 different questions. So, we are trying to be crisp in the legal process that we are asking for in voting on.
▶ 1:06:45Senator Cantwell: Now that you have asked for that documentation, they are saying we are going to give it to you in five days, by next monday. I want to clarify, on the underlying point, Mr. chairman, there are no migrants. This is an issue that stopped last july. Yes, you brought up an article in my sense is that logan airport is quickly responding to that. These are not people that were in a non-secure area of the airport. They were not on the other side of tsa.
▶ 1:07:17Senator Cantwell: They were not wandering around and about to get on flights.
▶ 1:07:19Chair Cruz: Do you know that and how do you know that?
▶ 1:07:22Sen. Cantwell: Through communication with the airport and other airports.
▶ 1:07:27Chair Cruz: With the gent --
▶ 1:07:30Sen. Cantwell: With the gentlelady yield -- senator
▶ 1:07:34Markey: With the gentlelady yield?
▶ 1:07:35Sen. Cantwell: Yes.
▶ 1:07:39Senator Markey: This is a letter from the chief executive officer at massport. "thank you for your response. We will respond to the questions presented on or before march 10 at 2025 and respectfully ask the committee to forgo issuing subpoenas until you have seen our complete response." that's this monday, coming up.
▶ 1:08:04Senator Markey: Can we at least wait until they see what you have voluntarily sent you before we begin to have a process here of subpoena additional information? That would be just the minimal request I would make. Just a postponement until next week.
▶ 1:08:19Chair Cruz: Two things in response. Number one, this was not one single question or one single email. This was two separate detailed form or let -- formal letters on letterhead. I'm the ranking member of this committee. I specified documents. In between, there were nine separate communications. Massport stood as the outlier. Everyone else subject to this oversight complied.
▶ 1:08:48Chair Cruz: Massport believed it was not subject to committee jurisdiction. The belief is an error. Senator cantwell set a minute ago that massport is now going to comply. No, they aren't. They said they would answer the questions, but are adamantly refusing to hand over the documents. The documents that have been requested, they are not handing over. Finally, I will note that the boat is not to issue a subpoena, but rather an authorization to issue a subpoena.
▶ 1:09:16Chair Cruz: If massport wants to avoid the issuance of subpoena, there is an easy path forward, they can provide the documents to answer the questions about how federal funds were misused and to what extent the flying public was in danger because of the political agenda being opposed -- imposed on the airport. With that, the clerk will call the role. >> Mr. thune?
▶ 1:09:45Chair Cruz: >> no by proxy. >> Mrs. fisher? Mr. sullivan? Mr. moran? This is blackburn? >> no by proxy. >> Mr. young? >> no by proxy. >> Mr. budd? Mr. schmitt? Mr. curtis? Mr. moran? -- morano? >> no by proxy. >> Mr. sheeny?
▶ 1:10:15Chair Cruz: >> no by proxy. >> miss lewis? >> no by proxy. >> Ms. cantwell? >> aye. >> Mr. markey? >> aye. >> Mr. peters? >> no by proxy. -->> aye by proxy. >> Ms. duckworth? >> aye by proxy. >> Mr. lujan? >> aye by proxy. >> Mr. hickenlooper?
▶ 1:10:45Chair Cruz: >> aye by proxy. >> Mr. federman? >> aye by proxy. >> Mr. kim? >> aye by proxy. >> Mr. cruz?
▶ 1:10:56Chair Cruz: No. >> no's are 13 -- 15. Not past.
▶ 1:11:14Sen. Cantwell: I'm asking what you think the further process is here.
▶ 1:11:19Chair Cruz: We have a sufficient quorum to resolve amendment votes by proxy. The hope is that we will get a sufficient quorum to carry the motion. If we do not get a sufficient quorum to resolve the motion, we will reconvene this at a separate time, probably later today and get the quorum.
▶ 1:11:40Sen. Cantwell: Did it occur that you could maybe wait until next monday to find out about the information you get?
▶ 1:11:47Chair Cruz: We are going to proceed one way or the other and move expeditiously so that if there are additional amendments, you had amendment votes, I'm happy to consider them and resolve them so that if we have to reconvene at a later time, it's expeditious.
▶ 1:12:05Sen. Cantwell: Mr. chairman, you have to have nine members, right? For amendments? You just stated you could do it all by proxy? -- by proxy.
▶ 1:12:33Chair Cruz: All right.
▶ 1:12:35Sen. Markey: I would like to call up amendment number four.
▶ 1:12:48Chair Cruz: You may proceed.
▶ 1:12:51Sen. Markey: This amendment adds further authority for the chairman to seek a subpoena for two companies along with the U.S. department of transportation for documents and communications relating to a political stunt orchestrated by the state of florida in september of 2022.
▶ 1:13:13Sen. Markey: Florida used interest earned on covid-19 state and local recovery funds to arrange for a group of venezuelan migrants to be flown from texas through florida to martha's vineyard. The migrants were told that they were traveling to boston for washington, D.C. and would receive housing and employment assistance. All of that was one big lie.
▶ 1:13:42Sen. Markey: Instead they were brought to martha's vineyard, where a fox news camera was waiting to exploit their difficult circumstances. This inhumane stunt may have violated the U.S. department of transportation's charter broker rule that prohibits brokers from misrepresenting the destination of a charter flight and may have been an unlawful use of covid-19 recovery funds.
▶ 1:14:11Sen. Markey: In september of 2022, I sent letters to both the department of treasury office of the inspector general in the U.S. department of transportation urging them to investigate. Both responded within a few months, indicating that they were investigating within their respectiveif this committee into respectiveif this committee inte its compulsory power to investigate incidents these --
▶ 1:14:41Sen. Markey: Incidences of previous years, I see no reason we cannot also examine this. Because I would rather prescribe both these unnecessary investigations returned to the bread and butter issues squarely in the committee's jurisdiction which includes elon musk saying that there is a dire condition in the aviation sector of the american economy right now.
▶ 1:15:12Sen. Markey: We should be examining those alarmist statements to ensure whether or not our air traffic control system is, in fact, operating in a way that is safe and efficient at this time. Elon musk says it is not. And what impact doge's cuts may have on transportation safety in their country. That is our principal responsibility.
▶ 1:15:41Sen. Markey: If we intended going down this path, this committee should investigate this political stunt as well. There are repercussions -- as to its legality and I urge my colleagues to support it. >> I think my friend from massachusetts for raising this amended. I think this amendment raises an important issue.
▶ 1:16:03Sen. Markey: Back in october of 20 21, the first year of the biden administration I introduced legislation that would change where illegal immigrants were sent, and not have them sent in mass numbers to texas and other places which unfortunately my democrat colleagues seemed not to care about the crimes of violence that were committed.
▶ 1:16:24Sen. Markey: And instead my legislation proposed we move them to martha's vineyard and other places like nantucket and the hamptons and palo alto where rich liberals sip chardonnay and explained that in those mean red states, they don't want 12 million people invading them. At the time I file that legislation, the elected officials in and around martha's vineyard had quite a lot to say.
▶ 1:16:52Sen. Markey: From what the county commissioner at martha's vineyard said in response to my legislation, he said in response to this legislation "I would love martha's vineyard to become a haven for new immigrants to this country." but senator cruz has no idea what he is talking about regarding a border crisis.
▶ 1:17:16Sen. Markey: He continued "immigrants make our country stronger, as evidenced by immigration from brazil and other countries to the vineyard and he is trying to without the racial anxieties for political gain, which is essentially the entire gop platform anyway." well, we now know that that county commissioner was utterly and completely full of nonsense. How do we know that? Because some months later governor ron desantis did precisely what I had proposed in my legislation.
▶ 1:17:44Sen. Markey: He flew to martha's vineyard not 10,000 illegal immigrants, not 1000 illegal immigrants, not even 500. He flew 50 illegal immigrants to martha's vineyard.
▶ 1:17:59Sen. Markey: And suddenly the self-righteous officials who claim senator cruz does not know what he is talking about on illegal immigration despite the fact that I represent texas and our state has seen firsthand the suffering that democrat open border policies have caused, 50 illegal immigrants at martha's vineyard caused those hypocritical officials to immediately declare a public emergency and to deport and physically remove those illegal immigrants within 24
▶ 1:18:32Sen. Markey: Hours. It was truly a stunning display of hypocrisy. The very same people who said we would welcome immigrants to martha's vineyard as a haven when they actually arrived put them in handcuffs and remove them within 24 hours. I will note however, the amendment is different from his first one.
▶ 1:18:54Sen. Markey: His amendment does not remove the authorization for mass deportation, it simply adds additional authorization for martha's vineyard. And so expanding the authority to examine what happened at martha's vineyard, I'm certainly amenable to that, and so I'm willing to accept the amendment and I'm fine to accept it by a voicemail. >> I'd like a roll call.
▶ 1:19:28Sen. Markey: There is no quorum. The old -- now the clerk will call the
▶ 1:19:59Sen. Markey: Roll and I recommend that members vote aye. >> Mr. thune? >> aye by proxy. >> aye. >> aye. Mr. young. >> aye. Mr. schmitt.
▶ 1:20:29Sen. Markey: >> aye. Mr. curtis. >> aye. >> Mr. marino. Aye by proxy. By proxy. Ms. klobuchar. >> aye by proxy.
▶ 1:21:06Sen. Markey: Mr. peters. Ms. duckworth? >> aye by proxy. >> aye >> Mr. hickenlooper. >> aye to cruise. >> aye. >> the ayes are 20.
▶ 1:21:40Sen. Markey: >> Mr. chairman I don't think we have a quorum to continue business. I do want to say on that -- >> the amendment is adopted. Will recognize you momentarily. Because we don't have a quorum to resolve this motion right now, the committee will reconvene at a later time today when we are able to assemble a quorum. >> Mr. chairman, thank you.
▶ 1:22:05Sen. Markey: I did want to say I think this last amendment crystallized an issue related to what it is that we should focus on. And the issue is whether in this case, the marquis amendment, whether somebody violated the misuse of what our aviation dollars are at a florida airport.
▶ 1:22:30Sen. Markey: I think I continuing to crystallized as a committee what documentation we seek as opposed to the broader allegations of what somebody thinks is or is not being done in the state of massachusetts I think will help the committee moving forward.
▶ 1:22:49Sen. Markey: So I appreciate the senator from massachusetts helping to highlight this issue and certainly wanted to say that our committee does believe that if airports misuse data -- I'm sorry, misuse federal dollars, that is an important thing. The to a request processed that is clear on a subpoena and the documents we seek. Thank you, Mr. chairman. >> the committee is adjourned until a later time today.