called to order by the Honorable J ACKY

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Congressional Record
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PROCEEDINGS AND DEBATES OF THE 117th CONGRESS, FIRST SESSION
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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S1791
Vol. 167
WASHINGTON, THURSDAY, MARCH 25, 2021
No. 56
House of Representatives
The House was not in session today. Its next meeting will be held on Friday, March 26, 2021, at 2 p.m.
Senate
THURSDAY, MARCH 25, 2021
The Senate met at 10 a.m. and was
called to order by the Honorable JACKY
ROSEN, a Senator from the State of Ne-
vada.
f
PRAYER
The Chaplain, Dr. Barry C. Black, of-
fered the following prayer:
Let us pray.
Eternal God, who sends the rain that
satisfies the parched Earth, we honor
Your Name.
Today, give our lawmakers the wis-
dom to understand that You are their
sure foundation. Inspire them to seek
Your guidance as they strive to do
Your will. Lead them by Your truth
and teach them, for You are the God
who saves them.
May their quest to fulfill Your pur-
poses motivate them to bring You their
requests and to wait patiently for Your
response.
Lord, show them clearly what to do
and which way to turn. Surround them
with the shield of Your love.
We pray in Your marvelous Name.
Amen.
f
PLEDGE OF ALLEGIANCE
The Presiding Officer led the Pledge
of Allegiance, as follows:
I pledge allegiance to the Flag of the
United States of America, and to the Repub-
lic for which it stands, one nation under God,
indivisible, with liberty and justice for all.
f
APPOINTMENT OF ACTING
PRESIDENT PRO TEMPORE
The
PRESIDING
OFFICER.
The
clerk will please read a communication
to the Senate from the President pro
tempore (Mr. LEAHY).
The senior assistant legislative clerk
read the following letter:
U.S. SENATE,
PRESIDENT PRO TEMPORE,
Washington, DC, March 25, 2021.
To the Senate:
Under the provisions of rule I, paragraph 3,
of the Standing Rules of the Senate, I hereby
appoint the Honorable JACKY ROSEN, a Sen-
ator from the State of Nevada, to perform
the duties of the Chair.
PATRICK J. LEAHY,
President pro tempore.
Ms. ROSEN thereupon assumed the
Chair as Acting President pro tempore.
f
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tem-
pore. Under the previous order, the
leadership time is reserved.
f
RECOGNITION OF THE MAJORITY
LEADER
The ACTING PRESIDENT pro tem-
pore. The majority leader is recog-
nized.
f
MEASURES PLACED ON THE
CALENDAR—S. 963 and H.R. 1868
Mr. SCHUMER. Madam President,
first, I understand that there are two
bills at the desk due for a second read-
ing en bloc.
The ACTING PRESIDENT pro tem-
pore. The leader is correct.
The clerk will read the bills by title
for a second time.
The senior assistant legislative clerk
read as follows:
A bill (S. 963) to authorize dedicated do-
mestic terrorism offices within the Depart-
ment of Homeland Security, the Department
of Justice, and the Federal Bureau of Inves-
tigation to analyze and monitor domestic
terrorist activity and require the Federal
Government to take steps to prevent domes-
tic terrorism, and for other purposes.
A bill (H.R. 1868) to prevent across-the-
board direct spending cuts, and for other
purposes.
Mr. SCHUMER. In order to place the
bills on the calender under the provi-
sions of rule XIV, I would object to fur-
ther proceeding en bloc.
The ACTING PRESIDENT pro tem-
pore. Objection having been heard, the
bills will be placed on the calendar.
f
BUSINESS BEFORE THE SENATE
Mr. SCHUMER. Madam President,
despite unprecedented obstacles, the
Senate has had an extremely produc-
tive first period of business.
It has been a little over 60 days since
Democrats assumed the majority in
the Senate and Joe Biden was sworn in
as President. In that relatively short
amount of time, the Senate has con-
firmed every available Cabinet Sec-
retary—a group filled with a bevy of
historic firsts—faster than under the
prior two administrations.
Every single Cabinet nominee has re-
ceived a bipartisan vote of approval
here on the floor, a tribute to their
character, their qualifications, and
their caliber.
The Senate also conducted a fair and
honest
impeachment
trial
of
the
former President, resulting in the larg-
est and most bipartisan conviction
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CONGRESSIONAL RECORD — SENATE
S1792
March 25, 2021
vote in the history, in the history of
Presidential impeachments.
And, of course, the Democratic ma-
jority in the Senate passed the most
sweeping Federal recovery effort in
decades, the American Rescue Plan.
Again, despite several unprecedented
obstacles, not only did we get a late
start on our work, a result of the run-
off elections in Georgia, we have had to
contend with the aftermath of an
armed insurrection at the Capitol, an
impeachment trial, and the difficulty
of navigating an evenly divided Senate.
Let’s take a quick look at the score-
board.
Economists project that the Amer-
ican Rescue Plan could double eco-
nomic growth while cutting child pov-
erty in half—the biggest anti-poverty
effort in a generation.
We have made the single largest in-
vestment in American education and
Native Tribes ever.
Experts have called the American
Rescue Plan the most significant legis-
lation for Black farmers since the Civil
Rights Act.
The American Rescue Plan provides a
lifeline to Main Street businesses from
one end of the country to the other.
Companies are already scaling back
layoffs.
In less than 100 days, the Biden ad-
ministration and Democratic majori-
ties have helped deliver more than 100
million shots in people’s arms and 100
million checks in people’s pockets. As
a result, the American people are more
optimistic than at any time over the
past year, and for the first time since
the COVID–19 pandemic began, a clear
majority of Americans believe our
country is back on track.
Just this morning, the jobs report
showed that applications for unemploy-
ment benefits fell by nearly 100,000 peo-
ple—a sign that businesses are reopen-
ing
and
Americans
are
optimistic
about getting back to work. After one
of the most difficult years in American
history, the country is finally turning
the corner, and the Senate is off to a
fantastic start.
Now looking forward, of course the
job certainly isn’t done yet. Now that
we have passed the American Rescue
Plan, the Senate must continue to
make progress on other issues facing
the American people. When the Senate
returns to session, our agenda will be
no less ambitious than it was over the
past few months.
We will focus on three areas: one,
voting rights, civil rights; two, eco-
nomic recovery and jobs, with an em-
phasis on climate change and building
back better; and three, health and gun
safety.
This Senate will once again be the
forum where civil rights are debated
and historic action is taken to secure
them for all Americans.
Last week, the Judiciary Committee
held the first-ever hearing on the
Equality Act, landmark legislation
that would enshrine as a matter of law
that no American shall be denied jus-
tice based on their gender or sexual
orientation.
In the coming work period, the
Democratic majority will also seek to
repeal a Trump administration rule
that gives employers an unfair advan-
tage over workers when settling dis-
criminatory claims.
At the same time, the Judiciary and
Rules Committees have started their
work responding to the concerted, na-
tionwide, despicable attack on voting
rights. In one State after another, new
restrictions on the franchise are taking
aim at communities of color in ways
we haven’t seen since the days of Jim
Crow.
Yesterday, I attended the Rules Com-
mittee hearing on S. 1, the For the
People Act, and I listened to my Re-
publican colleagues try to defend these
outrageous voter suppression laws. One
member on the committee told us not
to worry about them because many are
just proposals and won’t become law.
Later that day, the same day, the Mon-
tana State Senate advanced a bill to
end same-day voter registration.
Another member on the committee
defended limits to early voting on Sun-
days—a day when many African Ameri-
cans go to vote after church—by
quoting the Bible and the Command-
ment to keep the Sabbath holy. I don’t
know where to begin with that one, but
I will start by reminding my colleagues
of the separation between church and
state, and, frankly, the Bible passage
she talked about comes from the Old
Testament, when the Sabbath was on
Saturday.
This is getting beyond ridiculous.
Across the country, the Republican
Party seems to believe that the best
strategy for winning elections is not to
win more voters but to try to prevent
the other side from voting. That is not
America. That is not democracy. And
this Senate will take action to protect
the voting rights of tens of millions of
Americans. The Senate will vote on the
For the People Act.
We will also keep a laser focus on our
economic recovery. In the coming
months, the Senate will consider legis-
lation to rebuild our infrastructure and
fight climate change, boost research
and development and domestic manu-
facturing, reform our broken immigra-
tion system, and grow the power of
American workers. Finally, the Senate
will address health and gun safety.
When the Senate gavels back into
session,
we
will
vote
on
Senator
HIRONO’s
COVID
hate
crimes
bill,
which my colleague GRACE MENG has
sponsored in the House. It will give the
Department of Justice and our local
police departments crucial tools to
fight the wave of racist violence we
have seen against Asian Americans.
I have also committed to put a bill
on expanded background checks on the
floor of the Senate.
On the health front, we will take aim
against the former administration’s de-
cision to roll back limits on methane
emissions from oil and gas produc-
tion—gases that pack a much greater
punch than carbon dioxide when it
comes to our climate. Senators HEIN-
RICH, KING, and MARKEY
have been
working very hard on this issue. I ap-
plaud them. The Senate will take up a
Congressional Review Act measure to
reinstate the commonsense regulation
of methane emissions to fight climate
change.
The bottom line is this: The Senate
of the 117th Congress has accomplished
a lot in its first few months, but we
have a lot of work left to do. The chal-
lenges our country still faces are im-
mense, and there is no reason both
sides cannot work together on issues
that will affect our country and our
children’s future. We won’t agree on
everything, but we must agree that in-
action is unacceptable. The Senate
must help the country finish the job
against COVID while continuing to
build a more equal economy and a
more just society.
I yield the floor.
f
LEGISLATIVE SESSION
PPP EXTENSION ACT OF 2021—
MOTION TO PROCEED—Resumed
The ACTING PRESIDENT pro tem-
pore. The clerk will report the pending
business.
The senior assistant legislative clerk
read as follows:
Motion to proceed to H.R. 1799, a bill to
amend the Small Business Act and the
CARES Act to extend the covered period for
the paycheck protection program, and for
other purposes.
The ACTING PRESIDENT pro tem-
pore. Under the previous order, all
postcloture time for the motion to pro-
ceed to H.R. 1799 has expired, and the
motion to proceed is agreed to.
The clerk will report the bill by title.
f
PPP EXTENSION ACT OF 2021
The senior assistant legislative clerk
read as follows:
A bill (H.R. 1799) to amend the Small Busi-
ness Act and the CARES Act to extend the
covered period for the paycheck protection
program, and for other purposes.
RECOGNITION OF THE MINORITY LEADER
The ACTING PRESIDENT pro tem-
pore. The Republican leader is recog-
nized.
IMMIGRATION
Mr. MCCONNELL. Madam President,
the crisis on our southern border con-
tinues to escalate. CBP is tracking the
largest surge in migrant apprehensions
in 20 years. Unaccompanied children
are literally piling up in close quarters.
It turns out when politicians spend a 2-
year campaign advertising amnesty,
people actually listen. As one senior
CBP official said, there is ‘‘no end in
sight.’’ No end in sight.
The administration still refuses to
even admit there is a crisis, much less
address it. We keep hearing strange
mixed messaging from the White House
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CONGRESSIONAL RECORD — SENATE
S1793
March 25, 2021
podium like ‘‘now is not the time to
come,’’ as if there will be a good time
to break the law and come illegally,
and the White House will let us all
know when that time is, I assume.
The Washington Post put it gently:
‘‘Administration officials have been
plagued by muddled messaging.’’ Boy,
that is an understatement. But actu-
ally, when you look at Democrats’ ac-
tions, the message isn’t mixed at all.
That is the problem. For months on
the campaign trail, President Biden
spoke directly to potential migrants.
At one point, he said, ‘‘You want to
flee . . . you should come.’’ That was
President Biden.
President Lopez Obrador of Mexico
himself stated this week that President
Biden’s campaign created expectations
that ‘‘caused Central American mi-
grants, and also from our country,
wanting to cross the border, thinking
that it is easier to do so.’’ That was the
President of Mexico.
On Inauguration Day, the President
followed through—five Executive or-
ders to roll back immigration enforce-
ment and open up the border. The ad-
ministration wasted no time rolling
back the policies from the prior admin-
istration that had guarded against this
exact outcome. South of the border,
message received. Some migrants are
arriving with Biden campaign flags and
T-shirts. One arriving person said,
‘‘Biden promised us that everything
was going to change.’’
So what about the Democrats here in
Congress? Are the House Democrats
rising to the occasion with solutions?
Well, not exactly. They prioritized
passing another amnesty bill. They
doubled down on the wrong direction
and the wrong incentives.
The situation is raising eyebrows
among Democrats’ own rank and file.
As one Texas Democrat put it, ‘‘When
you create a system that incentivizes
people to come across . . . that imme-
diately sends a message.’’
Here, in the Senate, our Democratic
colleagues decided to go the route of
obstruction.
Yesterday,
Republicans
tried to pass serious proposals to help
address parts of the immigration sys-
tem. Democrats rejected every single
one of them.
Senator ERNST had a proposal to re-
quire detention for migrants charged
with violent crimes. It is not exactly a
radical idea. Democrats blocked it.
Senator CRUZ had legislation to raise
the stakes for repeated illegal entry. It
is not exactly rocket science. Demo-
crats blocked that one too.
Senator BLACKBURN and Senator LEE
tried to combat child trafficking with-
in the asylum process, and Democrats
even blocked that.
The furthest left ideology on these
issues is keeping Washington Demo-
crats from upholding the basic respon-
sibility of government: ensuring the in-
tegrity of our borders and protecting
our national security.
ELECTION SECURITY
Madam President, now, on another
matter. Yesterday, the Rules Com-
mittee held a hearing on the Demo-
crats’ proposal to tilt our entire polit-
ical system on a partisan basis. It
would forcibly rewrite every State’s
election laws in ways that defy com-
mon sense and are deeply unpopular
with American voters.
It would mandate nearly unrestricted
same-day registration. It would man-
date big loopholes that would render
voter ID almost meaningless. It would
make every State legalize ballot har-
vesting, where paid operatives can turn
up carrying big piles of ballots with
other people’s names on them, zero
chain of custody.
Democrats want to hide behind the
mantle of voting rights. What they are
really proposing is less security, less
integrity, and a grab bag of changes
that are deeply, deeply unpopular. Just
look at the other changes with zero re-
lationship to voting rights that Demo-
crats want to smuggle in behind that
smokescreen.
This bill would take the Federal
Election Commission from an evenly
split, bipartisan panel to a partisan
body so that Democrats could rule uni-
laterally over politics as well as citi-
zens’ speech, turn the neutral judge
into a partisan prosecutor, and it
would send taxpayers’ money to fund
political campaigns.
It contains a massive attack on the
privacy of citizens who engage in free
speech, a massive and intentional gift
to cancel culture. That led even the
leftwing ACLU to oppose this bill 2
years ago and lead senior ACLU law-
yers to torch it again in the Wash-
ington Post just recently.
Democrats are desperate to avoid
talking about any of these things.
They are desperate to convince the
media that a partisan takeover at the
FEC, socialism for political ad makers,
and an assault on free speech and
Americans’ privacy are just ‘‘voting
rights,’’ a shameless, shameless bait
and switch.
I noticed something funny yesterday.
Remember, this is the same bill Demo-
crats were shopping around 2 years ago
in response to the 2016 election, which
they said was a disaster. Now, 2 years
ago, Democrats were marketing this
bill as a massive shakeup that our bro-
ken elections badly needed.
Our democracy was in shambles after
they lost in 2016. It was broken, they
said. It was insecure, they said, and
only
this
sweeping
transformation
could possibly repair it. Of course, it
didn’t pass, and the 2020 election came
and went without the liberal takeover,
and yet Democrats say it was a huge
success.
Democrats said the 2020 election was
beyond reproach. They said the integ-
rity and security were beyond ques-
tion. They have said only conspiracy
theorists would complain about the
last election.
Oh, but curiously enough, they are
now still pushing this very same bill.
Now, instead of a sweeping trans-
formation, they are trying to say it
would just preserve our smoothly func-
tioning system so State legislatures
can’t mess it up.
So let’s get this straight. Two years
ago, in 2019, Democrats suggested this
bill was a bold, radical overhaul for a
broken system. In the meantime, what
happened was, they got an election
they liked, and now they claim the
exact same legislation just does a few
modest things to protect our system
just the way it is.
What
utter
nonsense—utter
non-
sense. This legislation has but one
goal, just one. It has only ever had one
goal, just one. That goal was the same
in 2019 as it is today. And that goal is
to let Washington Democrats rig the
rules of democracy from top down to
hide that partisan project behind the
smokescreen, the smokescreen of vot-
ing rights.
BUSINESS BEFORE THE SENATE
Madam President, now one final mat-
ter. Senators will soon head home for
the State work period. We will be see-
ing an Easter recess of optimism and
hope as the tide of the pandemic con-
tinues to turn. Thanks to science and
fueled by five bipartisan bills we passed
last year, vaccines were developed, ap-
proved, and preordered in record time.
America was delivering more than a
million doses per day before the cur-
rent administration even took office.
And because of last year’s bipartisan
work, our economy was already poised
for a historic comeback. I am also
going to be talking with Kentuckians
about their confusion and concern sur-
rounding the multitrillion-dollar par-
tisan spending plan that Democrats
just rushed through Congress recently,
like why teachers unions got huge
sums for schools, much of which won’t
be spent until years, years into the fu-
ture, without any meaningful require-
ment to reopen, even though science
says it is safe. There are concerns like
why Kentucky and other States whose
budgets have come through the crisis
intact will actually be subsidizing mas-
sive bailouts to other States for mis-
management that predates the pan-
demic, and confusion and concern
about the radical, last-minute provi-
sion that tries to prevent States from
implementing any policy, any policy
that might be interpreted as a tax cut.
That one could wreak havoc on the
plans of local officials in my State and
entire industries as they try to get the
Bluegrass growing again. This provi-
sion has the potential to shoot down a
State law designed to help the Com-
monwealth’s small businesses deduct
PPP expenses from their State taxes
and unwind planned waivers of hikes
on their unemployment taxes.
Secretary Yellen was asked about
this huge uncertainty in a hearing yes-
terday, about how this will be defined
or enforced. She essentially had no an-
swers.
So I will be joining Kentuckians to
celebrate what has gone well, thanks
to our bipartisan work just last year;
to hear their concerns about all the
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CONGRESSIONAL RECORD — SENATE
S1794
March 25, 2021
consequences of the Democrats’ go-it-
alone effort; and to hear what they
think about the multimillion-dollar
cousin of the Green New Deal that
Democrats are reportedly planning for
a sequel.
The ACTING PRESIDENT pro tem-
pore. The Senator from Oklahoma.
UNANIMOUS CONSENT REQUEST—AMENDMENT
NO. 1402
Mr. LANKFORD. Madam President,
there is a problem with the Paycheck
Protection Program. It passed with
overwhelming bipartisan support last
December, but the implementation has
been botched.
Let me explain what I mean. If you
are a small business owner, if you are
an individual that is a sole proprietor
of what is called a schedule C, if you
had major issues in trying to be able to
cover your employment last year, you
would turn in—make a request for the
Paycheck Protection Program. It was
extended in December of last year for
only the hardest hit businesses, those
that had a 25-percent loss or more.
Those businesses could not survive into
the next year.
So we extended it out and allowed
them to be able to get additional time
and an additional couple of months of
payroll to be able to make sure they
make it. Now, for these extremely
small businesses, these sole propri-
etors, and these individuals who are
out there, this means just them or
sometimes them and one other person
whom they are actually covering the
expenses
for.
These
are
not
our
megabusinesses. These are our back-
bone small businesses. This is the
truckdriver in Oklahoma. This is the
piano teacher in Oklahoma. These are
folks who are actually trying to be able
to make a living the best way they
know how.
When it was passed in December, the
Small Business Administration inter-
preted that rule to say you can only
use your net expenses for that—your
net expenses. Then, in March, the
Small Business Administration rein-
terpreted that and said: No, you could
use your gross expenses on that.
Now, for a lot of folks, they would
say: What is the difference on that?
Well, the difference is usually about
$5,000 or $10,000. That is an enormous
difference. And for some folks in this
room, $5,000 or $10,000 may not be very
much, but it is a lot more for that
truck driver and that piano teacher.
So the logical thing for the Small
Business Administration to do would
be to say: OK. We changed the rule in
March from what it was earlier so let’s
make it retroactive. Then folks who
apply early, the most desperate folks,
could actually still get the difference.
But that is not what happened. The
Small Business Administration said:
No, if you received the loan earlier,
you received the smaller amount. If
you waited and applied later, you get
the larger amount.
It is the exact same type of business,
exact same situation, but basically the
Small Business Administration said:
This is too complicated to go back and
redo this. So we will just allow folks
who applied early, the most desperate,
to get the least, and folks who applied
later to get more.
We are bringing an amendment that
would just fix that and would allow the
folks who applied early, the most des-
perate folks, to be able to get the same
level of help as the folks that applied
later.
So, Madam President, I ask unani-
mous consent that it be in order for me
to offer my Amendment 1402.
The ACTING PRESIDENT pro tem-
pore. Is there an objection?
Mr. CARDIN. Madam President, re-
serving the right to object.
The ACTING PRESIDENT pro tem-
pore. The Senator from Maryland.
Mr. CARDIN. Madam President, first,
let me thank the Senator from Okla-
homa for bringing this to the floor.
Here is our challenge. If it gets onto
the bill that we have before us, it will
delay the continuation of the Paycheck
Protection Program because it termi-
nates on March 31. We are not going to
have any program to modify. And the
House is not in session until the second
week in April so it is not possible to
get this done before the program ex-
pires.
So, for that reason, we have to op-
pose any amendment on the underlying
bill, which is a clean extension of the
PPP.
But I want to thank my friend from
Oklahoma for bringing this forward be-
cause I agree with you. As chairman of
the Small Business and Entrepreneur-
ship Committee, I support making the
changes that the administration made
in regard to the determination for self-
employed retroactive. I think that is a
fair thing to do. I also support making
sure that the business structure that is
chosen by a small business also quali-
fies, whether it be a partnership or a
traditional business arrangement.
I think we need to make those
changes, and I know our staffs are
working on the exact language. There
is some challenge on how we draft the
language. And you have my commit-
ment that we will work during this re-
cess, and I assure you that I want to
see this done. I hope we can do it by UC
when we return, when the House is in
session, and get this done as quickly as
possible.
The point the Senator from Okla-
homa raises is very valid, but let me go
back to the original bill for the self-
employed that used, as you said, a for-
mula that didn’t work. In some cases,
it was $50 or $80 that they got on the
PPP, which was ridiculous because a
self-employed person doesn’t have the
same payroll expenses that a tradi-
tional small business has.
We based the PPP calculations on
the payroll amount. That didn’t apply
to the self-employed. So that is why
the gross receipts are the right way to
make those calculations, and that is
what we want to do. That is what this
administration did in its recalculation,
but it made it prospective only. It
needs to be retroactive.
So I agree with the gentleman, but I
cannot consent to agree to it today.
And it is not going to delay the Senate
consideration of it because the House is
not in session for the next 2 weeks.
So the first time we can really get
this done is the second week in April,
and you have my commitment that we
will work together to get the provision
made retroactive and to cover the legal
structures that are used by some of our
small businesses that are not currently
covered under the current interpreta-
tion—I think legal, this is a legal issue
that we have to resolve.
For all those reasons, I do object.
The ACTING PRESIDENT pro tem-
pore. The objection is heard.
The Senator from Oklahoma.
Mr. LANKFORD. Madam President, I
do want to thank my friend from Mary-
land. This is an important issue. It
does need to be resolved. It has not had
enough attention on this. As he and I
talked about it the last several days,
and several others joined in, this deals
with partnerships, whether it be ag.
This deals with individuals.
So my friend from Kansas, he and I
worked together on this to be able to
combine a piece of legislation to make
sure we are dealing with all types of
businesses that will be affected, and I
do hope to be able to get this through
by unanimous consent in the days
ahead to get this resolved as quickly as
possible as well as continue to reach
out to the Small Business Administra-
tion and to see what they can to do to
be able to communicate with those
folks.
The ACTING PRESIDENT pro tem-
pore. The Senator from Kansas.
AMENDMENT NO. 1403
Mr. MARSHALL. Madam President, I
ask unanimous consent that I be al-
lowed to complete my remarks.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so or-
dered.
Mr. MARSHALL. Madam President, I
thank the gentleman, my neighbor
from Oklahoma, for yielding. And I
thank the gentleman from Maryland,
our chairman of the Small Business
Committee, for his cooperation.
Our amendment will allow farmers
and ranchers categorized as a partner-
ship, including LLPs, S corps, to uti-
lize gross income when calculating
their PPP maximum loan amount.
It is no secret that our Nation’s
farmers and ranchers have faced in-
credible
difficulties
through
the
COVID–19 pandemic when we literally
couldn’t pay people to come get our
cattle and hogs. In December, we made
changes to allow farmers to use gross
income in calculating their PPP loan.
Before it passed, the payments were
based on farmers’ net income. This net
income number is often low or negative
because of the amount of depreciation
farmers claim on equipment. These
changes were helpful and provided as-
sistance for much of the agriculture in-
dustry.
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CONGRESSIONAL RECORD — SENATE
S1795
March 25, 2021
Unfortunately,
certain
farm
and
ranch partnerships, many of which are
small family partnerships, were left
out of changes made in the program in
December. I believe Congress intended
to include partnerships; however, the
SBA,
interpreting
the
statute
we
passed, did not. They made it crystal
clear, short of legislation, they would
not include partnerships under this
new interpretation.
My amendment, in a nutshell, would
let farmers categorized as a partner-
ship use gross income rather than net
income for the PPP loan. I encourage
all my colleagues to support this
amendment and help our farmers dur-
ing this difficult time.
I yield back to the gentleman from
Oklahoma. Thank you.
Mr. CARDIN. Madam President.
The ACTING PRESIDENT pro tem-
pore. The Senator from Maryland.
Mr. CARDIN. I ask unanimous con-
sent that there be two minutes of de-
bate, equally divided, before each vote
in today’s series.
The ACTING PRESIDENT pro tem-
pore. Is there objection?
Without objection, it is so ordered.
The Senator from Louisiana.
AMENDMENT NO. 1401
Mr. KENNEDY. Madam President,
without order, there can be no justice.
We all know that. Without order, there
can be no justice.
This past year, we have seen felony
rioting throughout the United States.
It doesn’t matter whether that felony
rioting happened here at the Capitol. It
doesn’t matter whether it happened in
Portland or Chicago or Atlanta or at
any of our other wonderful commu-
nities throughout the United States. It
is wrong, and we have all condemned
it. It should be punished, and it cer-
tainly shouldn’t be rewarded.
My amendment is very simple. It
says that if you were one of those riot-
ers and you have received due process,
you have been convicted by a court of
law of competent jurisdiction, and you
have been adjudged to have committed
a felony with respect to a riot or civil
disorder in the past 2 years, then you
cannot participate in the PPP pro-
gram. We already have that law at the
SBA for disaster loans. This would ex-
tend it to the PPP program.
What you allow is what will con-
tinue. What you allow is what will con-
tinue, and that is why I would respect-
fully ask consideration for my amend-
ment.
Mr. CARDIN. Madam President.
The ACTING PRESIDENT pro tem-
pore. The Senator from Maryland.
Mr. CARDIN. I rise in opposition to
the Kennedy amendment.
Let me be clear. Any amendment
that is put on this clean extension will
mean that the program will terminate
in less than 1 week, and hundreds of
thousands of small businesses will not
be able to get their PPP loans. These
are newly eligible. We changed the cal-
culations on how much you can apply
for. Those who have difficulty finding a
financial institution to write the for-
givable loan, those in hard-to-serve
communities, all are going to be de-
nied. The SBA has indicated there are
hundreds of thousands of eligible appli-
cants that have not been able to get in
by the due date.
Now, in regard to the Kennedy
amendment, the SBA COVID–19 relief
is for existing businesses and current
business owners with proven reentry
track records. Anyone who has rebuilt
their life after being incarcerated
should be celebrated and supported.
There is no reason why a business
owned by someone with an unrelated
criminal record should be treated any
differently.
I would urge my colleagues, for the
sake of getting this bill to the Presi-
dent and signed so we can help our
small businesses, to reject the Kennedy
amendment.
Mr. KENNEDY. Madam President.
The ACTING PRESIDENT pro tem-
pore. The Senator from Louisiana.
Mr. KENNEDY. How much time do I
have left?
The ACTING PRESIDENT pro tem-
pore. No time remaining.
Mr. KENNEDY. Could I ask unani-
mous consent for another 30 seconds?
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so or-
dered.
Mr. KENNEDY. Madam President,
this is the third time I have brought
this amendment—the third time.
Now, you either approve of the riot-
ing that happened this summer and at
the Capitol or you don’t. The riots this
summer killed 47 people. There was
well over $1 billion worth of damage.
No. 2, I can’t help it if Speaker
PELOSI has decided to go home, which
prevents us from offering amendments
to make this bill better. We all support
extension of the PPP program, but this
is not right, and it would be a lot more
intellectually honest if my colleague,
who opposed my amendment, said:
Look, we just don’t think that if you
rioted you should be punished with re-
spect to the PPP program, because
that is what a ‘‘no’’ vote is saying.
The ACTING PRESIDENT pro tem-
pore. Time has expired.
Mr. CARDIN. Madam President, I ask
unanimous consent for 30 seconds to re-
spond.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so or-
dered.
Mr.
CARDIN.
The
gentleman’s
amendment goes well beyond that. The
gentleman’s amendment goes back 2
years. It could have been a civil dis-
turbance on a college campus if some-
one now has an existing business to-
tally unrelated to any economic crime.
It is just something that should not be
in this law, and I urge my colleagues to
reject it.
Mr. KENNEDY. Madam President.
The ACTING PRESIDENT pro tem-
pore. The Senator from Louisiana.
Mr. KENNEDY. I would like to ask
my colleague for 30 more seconds.
The ACTING PRESIDENT pro tem-
pore. Is there objection?
Without objection, it is so ordered.
Mr. KENNEDY. Madam President, I
just wanted to read the language to
you. It says that you are prohibited
from getting a PPP loan if you have
been convicted of a felony in relation
to a riot or a civil disorder in the past
2 years. You either support violence or
you don’t.
Madam President, I would like to ask
that my amendment, Kennedy amend-
ment No. 1401, be called up.
The ACTING PRESIDENT pro tem-
pore. The clerk will report.
The bill clerk read as follows:
The Senator from Louisiana [Mr. KENNEDY]
proposes an amendment numbered 1401.
Mr. KENNEDY. Madam President, I
ask unanimous consent that we dis-
pense with the reading.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit paycheck protection
program loans and second draw loans for
applicants convicted of a felony in relation
to a riot or civil disorder during the 2-year
period preceding the date of the applica-
tion)
At the appropriate place, insert the fol-
lowing:
SEC. ll. PROHIBITION ON PAYCHECK PROTEC-
TION PROGRAM LOANS AND SECOND
DRAW LOANS FOR APPLICANTS CON-
VICTED OF A FELONY IN RELATION
TO A RIOT OR CIVIL DISORDER.
(a) IN GENERAL.—Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) is amended—
(1) in paragraph (36), by adding at the end
the following:
‘‘(W) PROHIBITION.—An applicant is not eli-
gible to receive a covered loan if an owner of
20 percent or more of the equity of the appli-
cant has, as of the date of the application,
been convicted of a felony in relation to a
riot or civil disorder during the 2-year period
preceding the date of the application.’’; and
(2) in paragraph (37), by adding at the end
the following:
‘‘(P) PROHIBITION.—An applicant is not eli-
gible to receive a covered loan if an owner of
20 percent or more of the equity of the appli-
cant has, as of the date of the application,
been convicted of a felony in relation to a
riot or civil disorder during the 2-year period
preceding the date of the application.’’.
(b) APPLICABILITY.—The amendments made
by subsection (a) shall apply with respect to
an application for a loan under paragraph
(36) or (37) of section 7(a) of the Small Busi-
ness Act (15 U.S.C. 636(a)(36)) that is sub-
mitted on or after the date of enactment of
this Act.
VOTE ON AMENDMENT NO. 1401
The ACTING PRESIDENT pro tem-
pore. The question occurs on agreeing
to the amendment.
Mr. CARDIN. I ask for the yeas and
nays.
The ACTING PRESIDENT pro tem-
pore. Is there a sufficient second?
There appears to be a sufficient sec-
ond.
The clerk will call the roll.
The bill clerk called the roll.
(Mr. HICKENLOOPER assumed the
Chair.)
(Mr. SCHATZ assumed the Chair.)
The result was announced—yeas 48,
nays 52, as follows:
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CONGRESSIONAL RECORD — SENATE
S1796
March 25, 2021
[Rollcall Vote No. 137 Leg.]
YEAS—48
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Cornyn
Cotton
Cramer
Crapo
Cruz
Daines
Ernst
Fischer
Graham
Grassley
Hagerty
Hawley
Hoeven
Hyde-Smith
Inhofe
Johnson
Kennedy
Lankford
Lee
Lummis
Marshall
McConnell
Moran
Murkowski
Paul
Risch
Romney
Rounds
Rubio
Sasse
Scott (FL)
Scott (SC)
Shelby
Sullivan
Thune
Tillis
Toomey
Tuberville
Wicker
Young
NAYS—52
Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Hassan
Heinrich
Hickenlooper
Hirono
Kaine
Kelly
King
Klobuchar
Leahy
Luja´n
Manchin
Markey
Menendez
Merkley
Murphy
Murray
Ossoff
Padilla
Peters
Portman
Reed
Rosen
Sanders
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Tester
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wyden
The amendment (No.1401) was re-
jected.
The PRESIDING OFFICER. The Sen-
ator from Florida.
AMENDMENT NO. 1405
Mr. RUBIO. Mr. President, I call up
my amendment No. 1405 and ask that it
be reported by number.
The PRESIDING OFFICER. Without
objection, the clerk will report the
amendment by number.
The senior assistant legislative clerk
read as follows:
The Senator from Florida [Mr. RUBIO], for
himself and others, proposes an amendment
numbered 1405.
The amendment is as follows
(Purpose: To establish appropriate limita-
tions on the Administrator of the Small
Business Administration establishing new
priorities for processing lender applica-
tions)
On page 2, between lines 15 and 16, insert
the following:
(d) LIMITATION ON PRIORITIZATION.—During
the period beginning on the date of enact-
ment of this Act and ending on the last day
of the covered period, as defined in section
7(a)(36)(A)(iii) of the Small Business Act (15
U.S.C. 636(a)(36)(A)(iii)), as amended by this
Act, the Administrator of the Small Busi-
ness Administration may not establish or en-
force any priority for processing lender ap-
plications under paragraph (36) or (37) of sec-
tion 7(a) of the Small Business Act (15 U.S.C.
636(a)), except for any priority reasonably
necessary to carry out the set-asides estab-
lished under section 323(d) of the Economic
Aid to Hard-Hit Small Businesses, Non-
profits, and Venues Act (title III of division
N of Public Law 116–260).
Mr. RUBIO. Mr. President, the very
reason we even have to do an extension
is that the new administration has un-
fairly and unnecessarily restricted eli-
gible businesses and nonprofits from
applying. It has created confusion.
People haven’t been able to get in by
the deadlines, and unless we put in
more guardrails, there is little assur-
ance that this is not going to continue.
In particular, the one thing that would
undermine this popular, bipartisan pro-
gram is if people came to the conclu-
sion that it was being used arbitrarily
to give priority to politically favored
groups.
So all this amendment does is pro-
hibit the Small Business Administra-
tion from setting up any new set-asides
beyond those that this Congress, on a
bipartisan basis, already created last
year when we passed this at the end of
2020.
What were those priorities? Smaller
businesses, businesses in low-income
areas, community financial institu-
tions. All it says is, if you want to
change those priorities, Congress has
to do it, not the Small Business Ad-
ministration.
The PRESIDING OFFICER. The Sen-
ator from Maryland.
Mr. CARDIN. Mr. President, I rise in
opposition to the Rubio amendment.
The policy that Senator RUBIO is ob-
jecting to is implemented by the Small
Business Administration to help the
underserved communities.
During that 14-day period, 400,000
small businesses with 20 employees or
less were able, at long last, to get PPP
help. And almost half were first-time
borrowers under the PPP program,
those that had been shut out in the
past.
But, specifically, the Rubio amend-
ment, if it were adopted—and it is
wrong policy—would require the House
to concur. The House is not in session
for 2 weeks. That could take us beyond
the 31st of March, and the program
would end, costing hundreds of thou-
sands of small businesses the oppor-
tunity that—some are now eligible for
the first time; some are trying to fig-
ure out the calculations.
So for all those reasons—and one last
point: The Chamber of Commerce of
the United States urges all of us to
vote in favor of the underlying bill and
oppose any amendment that would de-
rail the expeditious approval of this
measure.
Let’s follow the Chamber’s advice.
Let’s vote down the Rubio amendment.
VOTE ON AMENDMENT NO. 1405
The
PRESIDING
OFFICER.
The
question is on agreeing to the Rubio
amendment.
Mr. RUBIO. Mr. President, I ask for
the yeas and nays.
The PRESIDING OFFICER. Is there a
sufficient second?
There appears to be a sufficient sec-
ond.
The clerk will call the roll.
The senior assistant legislative clerk
called the roll.
The result was announced—yeas 48,
nays 52, as follows:
[Rollcall Vote No. 138 Leg.]
YEAS—48
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Cornyn
Cotton
Cramer
Crapo
Cruz
Daines
Ernst
Fischer
Graham
Grassley
Hagerty
Hawley
Hoeven
Hyde-Smith
Inhofe
Johnson
Kennedy
Lankford
Lee
Lummis
Marshall
McConnell
Moran
Murkowski
Paul
Risch
Romney
Rounds
Rubio
Sasse
Scott (FL)
Scott (SC)
Shelby
Sullivan
Thune
Tillis
Toomey
Tuberville
Wicker
Young
NAYS—52
Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Hassan
Heinrich
Hickenlooper
Hirono
Kaine
Kelly
King
Klobuchar
Leahy
Luja´n
Manchin
Markey
Menendez
Merkley
Murphy
Murray
Ossoff
Padilla
Peters
Portman
Reed
Rosen
Sanders
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Tester
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wyden
The amendment (No. 1405) was re-
jected.
The PRESIDING OFFICER. The Sen-
ator from Kentucky.
POINT OF ORDER
Mr. PAUL. Mr. President, in 2010,
Congress passed what is known as pay-
go. Pay-go was signed into law and re-
quires that if you want to spend new
money, you have to spend for it, hence
the name ‘‘pay as you go.’’
The idea was that if you wanted to
spend money on something, you would
either need to cut spending or raise
taxes, but you couldn’t just simply bor-
row more money. And if you don’t cut
something, the cuts would be auto-
matic. Except we have now waived pay-
go 60 times since we passed pay-go.
Debt has gone from $13.5 trillion to $30
trillion because Congress continues to
evade the rules they put in place.
It brings us back to the $1.9 trillion
spending bill the other side just passed.
They want to now waive the pay-go
rule. This will be the 61st time to waive
pay-go.
Some
will
say
that
Republicans
didn’t seem to care about the debt
when they voted to cut taxes. However,
honest observers will note that I also
forced a vote on pay-go when we cut
taxes. Interestingly, every Democrat in
this body at that time voted to evade
the pay-go rules and add taxes to the
deficit, as I am sure they will today.
So do deficits matter? The answer is
a resounding yes. There is no free
money. When we borrow or print new
money, that money must be repaid. We
have racked up nearly $30 trillion in
debt. That is almost 150 percent of our
entire economy. We borrow $6.6 million
every minute. Get that. We borrow
$6.6—
The PRESIDING OFFICER. The Sen-
ator’s time has expired.
Mr. PAUL. I ask unanimous consent
to have 1 minute to conclude my re-
marks.
The PRESIDING OFFICER. Is there
objection?
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CONGRESSIONAL RECORD — SENATE
S1797
March 25, 2021
Without objection, it is so ordered.
Mr. PAUL. The deficit has gone from
$3 trillion last year; it will be $3.5 tril-
lion this year.
In Washington, every day is a good
day to spend money. Big spenders like
to say the Federal Government is no
different than a family budget. We
have the Federal Reserve that can
print money to buy our debt, but all
that does is cause inflation. Even with
inflation not spiking, we have lost 17
percent of the dollar over the last sev-
eral years.
Who is responsible for the $30 trillion
debt? Republicans? Democrats? The an-
swer is yes and yes. Both parties are to
blame. The vote I have called for is a
litmus test for fiscal responsibility.
Anyone who cares about the debt
should vote to enforce the pay-go rule.
According to the CBO, the bill before
us will increase the deficit by $15 bil-
lion in fiscal year 2021; therefore, I
raise a point of order against the meas-
ure pursuant to section 404(a) of S.
Con. Res. 13 of the 111th Congress.
The PRESIDING OFFICER. The Sen-
ator from Maryland.
MOTION TO WAIVE
Mr. CARDIN. Mr. President, I have
been advised by the administration
there is an excess of $50 billion avail-
able at the end of this month for the
extension. So pursuant to section 904 of
the Congressional Budget Act of 1974,
the waiver provisions of applicable
budget resolutions in section 4(g)(3) of
the Statutory Pay-As-You-Go Act of
2010, I move to waive all applicable sec-
tions of those acts and applicable budg-
et resolutions for purpose of the pend-
ing measure, and I ask for the yeas and
nays.
The PRESIDING OFFICER. Is there a
sufficient second?
There appears to be a sufficient sec-
ond.
The clerk will call the roll.
The senior assistant bill clerk called
the roll.
The yeas and nays resulted—yeas 64,
nays 36, as follows:
[Rollcall Vote No. 139 Leg.]
YEAS—64
Baldwin
Bennet
Blumenthal
Booker
Brown
Burr
Cantwell
Cardin
Carper
Casey
Collins
Coons
Cortez Masto
Cramer
Duckworth
Durbin
Feinstein
Fischer
Gillibrand
Graham
Hassan
Heinrich
Hickenlooper
Hirono
Hoeven
Inhofe
Kaine
Kelly
King
Klobuchar
Leahy
Luja´n
Manchin
Markey
McConnell
Menendez
Merkley
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Portman
Reed
Romney
Rosen
Sanders
Schatz
Schumer
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wyden
NAYS—36
Barrasso
Blackburn
Blunt
Boozman
Braun
Capito
Cassidy
Cornyn
Cotton
Crapo
Cruz
Daines
Ernst
Grassley
Hagerty
Hawley
Hyde-Smith
Johnson
Kennedy
Lankford
Lee
Lummis
Marshall
Moran
Paul
Risch
Rounds
Rubio
Sasse
Scott (FL)
Scott (SC)
Tillis
Toomey
Tuberville
Wicker
Young
The
PRESIDING
OFFICER
(Mr.
KING). On this vote, the yeas are 64, the
nays are 36.
Three-fifths of the Senators duly cho-
sen and sworn having voted in the af-
firmative, the motion is agreed to.
The bill was ordered to a third read-
ing and was read the third time.
The PRESIDING OFFICER. The Sen-
ator from Kentucky.
Mr. PAUL. Mr. President, I ask unan-
imous consent for 6 minutes, 3 minutes
equally divided.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. PAUL. Since the implementation
of PPP last April, 38 Planned Parent-
hood affiliates applied for and received
$80 million in taxpayer funds meant for
small business relief.
Pursuant to the longstanding affili-
ation rules, which stipulate that affili-
ated organizations are considered one
organization, the Small Business Ad-
ministration found that Planned Par-
enthood was ineligible for PPP funds
and sent letters to each of the 38 orga-
nizations
that
wrongfully
received
funds.
After months of delay, though, SBA
finally revealed that they have now
given secondary loans to more Planned
Parenthood organizations. These ap-
provals come long after the SBA had
determined that the initial ones were
illegal.
Further extending the PPP program
could allow all 49 Planned Parenthood
affiliates time to access both the first
or second draw of PPP loans, given the
Biden administration’s apparent recent
actions.
I urge everyone who believes that
taxpayers should not be forced to pay
for abortion to vote no.
The PRESIDING OFFICER. The Sen-
ator from Maryland.
Mr. CARDIN. Mr. President, first, I
want to thank Senator COLLINS for her
leadership on this issue. I want to
thank Senator SHAHEEN for her help in
getting this done.
This bill is widely supported. It
passed the House by 415 to 3, supported
by the U.S. Chamber of Commerce, the
NFIB,
and
numerous
other
stake-
holders in small business.
It will be 1 year since the passage of
the CARES Act, and the PPP program
has saved millions of small businesses
from being shuttered. It has helped
save our unemployment insurance sys-
tem by keeping small-employer em-
ployees on the payroll. It has kept
workforce together for small busi-
nesses, which is critically important to
get through this pandemic.
Small
businesses
need
additional
time because we have changed the eli-
gibility, we have changed the calcula-
tion, and you have to find private
banks that are willing to take on this
loan. And we are now into a second
round. There is over $50 billion avail-
able at the end of this month to con-
tinue the program.
I would urge my colleagues to sup-
port this legislation.
I would yield the remainder of our
time to Senator COLLINS.
The PRESIDING OFFICER. The Sen-
ator from Maine.
Ms. COLLINS. Mr. President, I rise
to urge my colleagues to support pas-
sage of H.R. 1799, the PPP Extension
Act of 2021. It is imperative that we act
immediately to pass this bill because
we are just days away from the PPP
being closed to applications for assist-
ance. This bill mirrors legislation I in-
troduced with my colleagues, Senators
CARDIN and SHAHEEN, which is cospon-
sored by Senators MARSHALL, SUL-
LIVAN,
ROSEN,
MURKOWSKI,
LEAHY,
WYDEN,
TILLIS,
OSSOFF,
CAPITO,
MERKLEY, HEINRICH, PORTMAN, KLO-
BUCHAR, and MANCHIN.
Last March, Senators RUBIO, CARDIN,
SHAHEEN, and I crafted the Paycheck
Protection Program, PPP—a forgivable
loan program designed to help keep
small employers afloat and their em-
ployees paid during the pandemic.
The bipartisan bill we are consid-
ering today would simply extend the
current application deadline for new
PPP loans from March 31 to May 31 of
this year and then provide an addi-
tional 30-day period during which time
the Small Business Administration
may continue processing applications
received prior to the new May 31 dead-
line. This bipartisan bill passed the
House last week by an overwhelming
margin of 415 to 3.
The PPP has been a lifeline for small
businesses in Maine and across the
country, providing the support they
need to survive the pandemic and con-
tinue paying their employees. In 2020,
more than 5 million small employers
received forgivable PPP loans, helping
to sustain upwards of 50 million Amer-
ican jobs. This included more than
28,000 Maine small businesses, which
received nearly $2.3 billion in forgiv-
able PPP loans. The average loan size
in Maine during this time was $80,000.
Recognizing the importance of this
program for our Nation’s small em-
ployers, the bipartisan December 2020
COVID-relief law provided an addi-
tional $284.5 billion to reopen the Pay-
check Protection Program and allow
the hardest hit small employers to re-
ceive a second forgivable loan. The De-
cember law also made other improve-
ments to the PPP, such as expanding
forgivable overhead expenses to include
supplier costs and investments in facil-
ity modifications and personal protec-
tive equipment needed to operate safe-
ly.
Since reopening in January, more
than 3.1 million additional forgivable
loans—totaling nearly $196 billion—
have been approved for small busi-
nesses across the country. In Maine,
more than 12,700 small employers have
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CONGRESSIONAL RECORD — SENATE
S1798
March 25, 2021
been approved for $797 million in for-
givable loans since PPP’s reopening. In
total, Maine small employers have
been approved for upwards of $3 billion
in forgivable loans since the program
was created last year.
I have heard from numerous small
employers about the impact this pro-
gram has had on them and their em-
ployees. The PPP has helped the own-
ers
of
Pottle
Transportation
in
Hermon, Anglers Restaurants in Hamp-
den, and the Harraseeket Inn in Free-
port keep their businesses alive and
their employees paid. Hodgdon, Amer-
ica’s oldest boat builder, was able to
keep its family-owned East Boothbay
business in operation with the help of
two forgivable PPP loans. The owner of
Channel X Radio in Aroostook County
told me that two forgivable PPP loans
kept his business going. The Boys &
Girls Clubs of Southern Maine and the
Y in Bangor have been able to provide
childcare and other services to children
due to support from the PPP.
With the ongoing distribution of
COVID–19 vaccines and reopening of
our Nation’s economy, I am hopeful
that better times will soon be ahead.
We are not there yet, which is why we
need to extend the deadline to apply
for new PPP loans. Extending the dead-
line would provide more time for the
Small Business Administration to re-
solve error messages generated by its
computer systems that prevented eligi-
ble small businesses from receiving ap-
proval for a PPP Loan. It would also
give us more time to address an in-
equity facing certain sole proprietors
who received their PPP loans before
the Biden administration unexpectedly
announced a change in the maximum
loan amount calculation for these
types of businesses.
By extending the PPP for another 2
months and then providing an addi-
tional 30 days after that time for the
SBA to process applications that are
still pending, the bill before us today
would help our Nation’s small employ-
ers retain access to forgivable PPP
loans.
This bill has been endorsed by more
than 90 organizations, including the
National Federation of Independent
Business, U.S. Chamber of Commerce,
American Hotel & Lodging Associa-
tion, International Franchise Associa-
tion, National Restaurant Association,
the U.S. Travel Association, and the
Independent Community Bankers of
America. I would ask unanimous con-
sent that these letters of support be
printed in the RECORD at the conclu-
sion of my statement.
I would like to once again thank my
colleagues, Senators CARDIN and SHA-
HEEN, for partnering with me on this
legislation, and Senator RUBIO
for
working to craft the PPP and oversee
its implementation. I look forward to
working with them and the new admin-
istrator of the Small Business Admin-
istration to ensure that the PPP is im-
plemented according to Congressional
intent.
I urge my colleagues to support pas-
sage of this bill.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
CONSUMER BANKERS ASSOCIATION,
Washington, DC, March 15, 2021.
Hon. SUSAN COLLINS,
U.S. Senate, Washington, DC.
Hon. BEN CARDIN,
Chairman, U.S. Senate Committee on Small
Business, Washington, DC.
Hon. JEANNE SHAHEEN,
U.S. Senate, Washington, DC.
DEAR SENATOR COLLINS, CHAIRMAN CARDIN,
AND SENATOR SHAHEEN: On behalf of the Con-
sumer Bankers Association (CBA), I write to
express our support of S. 723, The PPP Ex-
tension Act of 2021. I thank you for your con-
tinued leadership as our nation rises to meet
the challenges posed by the COVID–19 crisis.
CBA commends the work of Congress, the
Small Business Administration (SBA), and
all the lenders across the country who to-
gether worked dutifully to make the Pay-
check Protection Program (PPP) a reality
and provide much needed relief to millions of
small businesses.
Lenders remain committed to serve their
small business customers and have engaged
considerable resources to process PPP loan
applications so they can ensure our nation’s
small businesses have the support they need
to endure these challenging economic times.
Unfortunately, operational changes made by
SBA during this current round of PPP lend-
ing has slowed the funding of PPP loan ap-
plications.
With just weeks before the program sun-
sets, our members are working tirelessly to
resolve complications with the processing
and approval of PPP applications. Issues
flagged during SBA’s processing of applica-
tions, such as loan hold and error codes, con-
tinue to be major hurdles for successful PPP
funding. Despite lenders’ efforts to work
with their customers and the SBA to quickly
resolve them, these issues continue to sig-
nificantly delay the funding of requests to
businesses that have very pressing financial
concerns. This, coupled with the recent
changes by the SBA allowing Schedule C bor-
rowers to qualify for more PPP relief, makes
it imperative that more time is provided.
Extending the PPP and providing a window
for lenders and the SBA to process received
applications will ensure any small business
that wants access to the program is able to
do so. The PPP Extension Act of 2021 will
provide the SBA, lenders, and small busi-
nesses the critical time that is needed to
properly implement recent alterations to the
program and resolve any outstanding proc-
essing issues, ultimately allowing small
businesses to fully realize the benefits of the
PPP.
Again, thank you for your time and consid-
eration on these important matters. CBA
and our members remain eager to work with
Congress and the SBA to help small busi-
nesses in these uncertain economic times.
Sincerely,
RICHARD HUNT,
President and CEO,
Consumer Bankers Association.
MARCH 15, 2021.
Hon. BEN CARDIN,
Chair, Senate Small Business Committee,
Washington, DC.
Hon. SUSAN COLLINS,
U.S. Senate, Washington, DC.
Hon. JEANNE SHAHEEN,
U.S. Senate, Washington, DC.
Hon. CAROLYN BOURDEAUX,
House of Representatives, Washington, DC.
Hon. NYDIA VELA´ ZQUEZ,
Chair, House Small Business Committee, Wash-
ington, DC.
Hon. BLAINE LUETKEMEYER,
Ranking Member, House Small Business Com-
mittee, Washington, DC.
Hon. YOUNG KIM,
House of Representatives, Washington, DC.
DEAR SENATORS CARDIN, COLLINS AND SHA-
HEEN
AND
REPRESENTATIVES
VELA´ ZQUEZ,
LUETKEMEYER, BOURDEAUX AND KIM: The un-
dersigned organizations are writing to thank
you for your bicameral leadership and swift
bipartisan action to provide relief to Amer-
ica’s small businesses through this economic
emergency. We strongly support the PPP Ex-
tension Act of 2021, which will extend the
Small Business Administration’s (SBA) Pay-
check Protection Program (PPP) application
period beyond the March 31, 2021 sunset date.
While we realize the Small Business Ad-
ministration (SBA) is under tremendous
time constraints and is struggling with in-
ternal resource issues, our members are
highly concerned by the lack of progress on
major Paycheck Protection Program (PPP)
processing issues, including hold/error codes
and application rejections due to Taxpayer
Identification Number (‘‘TIN’’) issues or
mismatches, in addition to many unresolved
technical problems with the current PPP
process. These delays and denials may put
many applicants in danger of not making the
March 31st authorization deadline.
Nearly one year into the COVID–19 pan-
demic, the continued liquidity challenges of
the small business sector are acute, espe-
cially for those business limited by dramatic
capacity
restrictions
and
other
critical
health and safety protocols in place to pro-
tect the public, consumers and workers from
COVID–19. Thank you for extending the win-
dow of opportunity for pandemic programs
to effectively impact the affected small busi-
ness sector, especially those traditionally
under-invested
and
underserved
groups
which must also be given the chance to suc-
ceed.
We stand ready to work with you during
this critical moment, and thank you for con-
sidering our views.
Sincerely,
Accessories Council (AC); AICC, The Inde-
pendent Packaging Association; American
Apparel & Footwear Association (AAFA);
American Bankers Association; American
Beverage Licensees; American Council of En-
gineering Companies; American Dental Asso-
ciation; American Farm Bureau Federation;
American Hotel & Lodging Association;
American Lighting Association; American
Mold Builders Association; American Rental
Association; American Society of Travel Ad-
visors; American Subcontractors Associa-
tion; American Supply Association; AMT—
The Association For Manufacturing Tech-
nology; Asian American Hotel Owners Asso-
ciation; Associated Builders and Contrac-
tors; Associated General Contractors of
America; Association of the Wall and Ceiling
Industry; Auto Care Association.
Bank Policy Institute; Brea Chamber of
Commerce; Building Owners and Managers
Association (BOMA) International; Chemical
Fabrics & Film Association (CFFA); Coali-
tion of Franchisee Associations; Consumer
Bankers Association; Council of Fashion De-
signers of America (CFDA); Economic Inno-
vation Group; Electronics Representatives
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CONGRESSIONAL RECORD — SENATE
S1799
March 25, 2021
Association; Energy Marketers of America;
Foodservice
Consultants
Society
Inter-
national—The Americas; Foodservice Equip-
ment Distributors Association; Franchise
Business Services; Global Business Travel
Association; Global Cold Chain Alliance;
Golf Course Superintendents Association of
America; Independent Electrical Contrac-
tors; International Council of Shopping Cen-
ters; International Franchise Association;
ISSA—The Worldwide Cleaning Industry As-
sociation.
Korean American Chamber of Commerce of
Orange County; La Habra Chamber of Com-
merce; National Association of Development
Companies (NADCO); National Association of
Government Guaranteed Lenders (NAGGL);
National Association of Home Builders; Na-
tional Association of Professional Insurance
Agents; National Association of the Remod-
eling Industry; National Association of The-
atre Owners; National Association of Trailer
Manufacturers;
National
Association
of
Women Business Owners (NAWBO); National
Automatic
Merchandising
Association
(NAMA); National Community Pharmacists
Association; National Cotton Council; Na-
tional Council of Chain Restaurants; Na-
tional Electrical Contractors Association;
National
Electrical
Manufacturers
Rep-
resentatives Association (NEMRA); National
Federation of Independent Business (NFIB);
National
Fisheries
Institute;
National
Franchisee Association.
National Independent Venue Association;
National Ready Mixed Concrete Association;
National Restaurant Association; National
Retail Federation; National Roofing Con-
tractors Association; National RV Dealers
Association (RVDA); National Small Busi-
ness Association; National Tooling and Ma-
chining Association; North American Asso-
ciation of Food Equipment Manufacturers
(NAFEM); North American Die Casting Asso-
ciation; Orange County Business Council;
Pet Industry Distributors Association; Preci-
sion Machined Products Association; Preci-
sion Metalforming Association; Promotional
Products Association International (PPAI);
San Gabriel Valley Economic Partnership;
Secondary Materials and Recycled Textiles
Association;
Service
Station
Dealers
of
America and Allied Trades (SSDA–AT).
Small Business Council of America; Small
Business & Entrepreneurship Council; Small
Business Legislative Council; Small Business
Majority; Specialty Equipment Market Asso-
ciation; Specialty Tools & Fasteners Dis-
tributors Association (STAFDA); SPRI; Tile
Roofing Industry Alliance; Tire Industry As-
sociation (TIA); The Real Estate Roundtable;
Travel Goods Association (TGA); United
States Hispanic Chamber of Commerce;
United Veterinary Services Association; U.S.
Chamber of Commerce; U.S. Travel Associa-
tion; Yorba Linda Chamber of Commerce.
INDEPENDENT COMMUNITY
BANKERS OF AMERICA,
Washington, DC, March 16, 2021.
Hon. BEN CARDIN,
Chairman, Committee on Small Business & En-
trepreneurship, U.S. Senate, Washington,
DC.
Hon. SUSAN COLLINS,
U.S. Senate, Washington, DC.
Hon. JEANNE SHAHEEN,
U.S. Senate, Washington, DC.
DEAR CHAIRMAN CARDIN AND SENATORS COL-
LINS AND SHAHEEN: On behalf of community
banks across the country, with more than
50,000 locations, I write to thank you for in-
troducing the PPP Extension Act of 2021 (S.
723). This legislation is needed to ensure that
thousands of Paycheck Protection Program
applicants—small businesses, churches, and
other non-profit employers—are not stranded
by an abrupt shutdown of the Program and
would do so using funds that have already
been appropriated.
Community banks are doing everything in
their power to complete and submit PPP ap-
plications to the SBA before the March 31
deadline. Unfortunately, they have no assur-
ances that qualified applications submitted
timely will be approved. The CARES Act
does not allow for approval of applications
after March 31, regardless of when they were
submitted and the quality of the applica-
tions. Unless a statutory change is made,
thousands of applications will be rejected
simply because the clock has run out.
This outcome would be especially unfair
because of the thousands of applications
have been in limbo at the SBA for weeks be-
cause they were flagged and put on hold by
an automated program for possible waste,
fraud, or abuse. These applications require
SBA review in order to be cleared of holds
and approved for funding. If they cannot be
cleared by March 31, cash starved applicants
and the people they employ will be denied
access to funds they had anticipated and
planned for. We do not believe this outcome
was intended by Congress.
The PPP Extension Act would resolve this
problem by extending the application dead-
line until May 31 and creating a second dead-
line of June 30 for SBA approval. This will
give applicants more time, and the two-
tiered deadline will ensure the Program does
not end abruptly.
ADDITIONAL CHANGES NEEDED TO ENSURE
EQUITABLE DISTRIBUTION OF PPP FUNDS
Any extension of the deadline will give
Congress the opportunity to refine and im-
prove the Program rules and formulas to en-
sure equitable distribution of funds to those
borrowers that can make the best use of
them. ICBA urges Congress and the SBA to
make fixes to resolve the problems identified
below.
First Draw Increase Eligibility. Certain
borrowers who have not yet filed for and re-
ceived forgiveness of their first draw 2020
PPP loan may apply for an increase in that
loan. However, borrowers whose first draw
2020 loans have already been forgiven cannot
apply for a first draw loan increase, even if
they otherwise meet the criteria for an in-
crease. This is unfair because it punishes
borrowers who filed forgiveness applications
early. The statute should be amended to
allow borrowers who have received first draw
loan forgiveness to be eligible to receive a
first draw loan increase.
Second Draw Eligibility. Those applying
for a first draw in 2021 should be allowed ac-
cess to a second draw. Community bankers
have solicited and received numerous appli-
cations for first draw loans in 2021. In many
cases, these applicants would have applied
for first draw loans in 2020, if they had the
benefit of better information and advice, and
would now be eligible for second draw loans.
They have effectively left money on the
table that could be used for critical expendi-
tures.
Second Draw Use of Proceeds Requirement.
Borrowers with a modest shortfall in using
first draw dollars for eligible purposes
shouldn’t be shut out from second draw
loans, especially if they’ve already repaid
the remaining balance on the first draw loan.
Congress should consider creating a percent-
age-based de minimis test to define a level of
spending on ineligible expenses that would
not disqualify a borrower for a second draw
loan.
Farm Partnerships. Current law allows
self-employed farmers and ranchers that re-
port farm income on Schedule F to use the
gross income method, rather than the net in-
come method, to calculate their maximum
loan amount and owner’s compensation.
However, SBA has limited this treatment to
1040 Schedule F filers. It is not available to
thousands of self-employed farmers and
ranchers whose businesses are organized as
partnerships or S corporations. Congress
should direct the SBA to make the gross in-
come method available to these farmers and
ranchers.
Schedule C Borrowers. Schedule C filers
should be able to apply for an increase under
new SBA rules that allow Schedule C bor-
rowers with no employees to use gross in-
come rather than net profit to determine the
loan amount. This is a welcome change, but
those borrowers who have already obtained
loans have no opportunity to apply for an in-
crease based on the new rules. They may
qualify for significantly larger loans but are
effectively being punished for submitting
their applications early.
Save Our Stages Applicants. Live action
venues eligible for Save Our Stages grants
should be allowed to apply for PPP loans
while waiting to find out if they will receive
a grant. If such a venue eventually does re-
ceive a grant, the amount of the grant could
be reduced by the amount of the PPP loan,
thereby avoiding the double dipping prohib-
ited by the statute.
Thank you again for introducing the PPP
Extension Act. We look forward to working
with you to advance this important legisla-
tion. We urge you to use this opportunity to
address the problems with the Program dis-
cussed above.
Sincerely,
REBECA ROMERO RAINEY,
President & CEO.
NFIB,
March 25, 2021.
DEAR SENATOR: On behalf of NFIB, the na-
tion’s leading small business advocacy orga-
nization, I write in support of H.R. 1799, the
PPP Extension Act of 2021, which will extend
authorization for the Paycheck Protection
Program (PPP) beyond March 31, 2021. H.R.
1799 will be considered an NFIB Key Vote for
the 117th Congress.
NFIB research indicates economic condi-
tions remain challenging for our nation’s
small businesses. According to NFIB’s latest
monthly survey, small business optimism re-
mains below its historic 47-year average.
Small business owners expecting better busi-
ness conditions over the next six months re-
mains at a net negative 19%, a poor reading.
Moreover, the economic recovery continues
to be uneven for small businesses, especially
those still managing state and local regula-
tions and restrictions, with 15% recently re-
porting that they will have to close their
doors if current economic conditions do not
improve over the next six months.
Many small business owners are con-
tinuing to evaluate their financial needs as
they assess the future of government restric-
tions on their businesses as well as progress
in controlling the COVID–19 pandemic. Un-
fortunately, the timeframe for making deci-
sions regarding a first or second draw PPP
loan after passage of the Consolidated Appro-
priations Act of 2021 has been short, particu-
larly as Congress and the Administration
have recently made additional changes to
the program.
For these reasons and given the high level
of uncertainty over future economic condi-
tions, it makes sense to extend the author-
ization of the PPP program through May 31,
2021 to give small businesses additional time
to consider their needs and apply. NFIB is
also pleased that this legislation will provide
an additional 30 days for SBA to process
pending applications, which will help to en-
sure small businesses are not unfairly
harmed by PPP processing delays, which
continue to pose a challenge to the program.
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CONGRESSIONAL RECORD — SENATE
S1800
March 25, 2021
NFIB supports H.R. 1799, the PPP Exten-
sion Act of 2021 and will consider final pas-
sage of the legislation as an NFIB Key Vote
for the 117th Congress.
Sincerely,
KEVIN KUHLMAN,
Vice President,
Federal Government Relations, NFIB.
Ms. COLLINS. Mr. President, I urge
all of our colleagues to vote yes on this
bill, which will provide a crucial 2-
month extension for the Paycheck Pro-
tection Program.
This program has been a lifeline to
countless small businesses and has
saved more than 50 million jobs in this
country.
I
salute
my
colleagues
Senator
CARDIN and Senator SHAHEEN for their
work on this extension, which was
overwhelmingly passed by the House.
Let’s talk about briefly what would
happen if we do not act. If we do not
act, there are approximately 190,000
loans still under review, which pre-
vents any of these businesses from re-
ceiving a second PPP loan. These small
businesses need this assistance now in
order to pay their employees and stay
afloat during this pandemic.
We cannot wait. The House has gone
home. We cannot allow an interruption
of this vital program that has made
such a difference to our small busi-
nesses and their employees.
I urge all of my colleagues to support
this 2-month extension, with an addi-
tional month for SBA to review the ap-
plications.
VOTE ON H.R. 1799
The PRESIDING OFFICER. The bill
having been read the third time, the
question is, Shall the bill pass?
Mr. CARDIN. I ask for the yeas and
nays.
The PRESIDING OFFICER. Is there a
sufficient second?
There appears to be a sufficient sec-
ond.
The clerk will call the roll.
The bill clerk called the roll.
Mr. THUNE. The following Senator is
necessarily absent: the Senator from
Nebraska (Mr. SASSE).
Further, if present and voting, the
Senator from Nebraska (Mr. SASSE)
would have voted ‘‘yea.’’
The result was announced—yeas 92,
nays 7, as follows:
[Rollcall Vote No. 140 Leg.]
YEAS—92
Baldwin
Barrasso
Bennet
Blackburn
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Daines
Duckworth
Durbin
Ernst
Feinstein
Fischer
Gillibrand
Graham
Grassley
Hagerty
Hassan
Heinrich
Hickenlooper
Hirono
Hoeven
Hyde-Smith
Inhofe
Johnson
Kaine
Kelly
Kennedy
King
Klobuchar
Lankford
Leahy
Luja´n
Lummis
Manchin
Markey
Marshall
McConnell
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Portman
Reed
Romney
Rosen
Rounds
Rubio
Sanders
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Tuberville
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wicker
Wyden
Young
NAYS—7
Crapo
Cruz
Hawley
Lee
Paul
Risch
Shelby
NOT VOTING—1
Sasse
The bill (H.R. 1799) passed.
The PRESIDING OFFICER (Mr. VAN
HOLLEN). The majority leader.
f
PREVENTING ACROSS-THE-BOARD
DIRECT SPENDING CUTS
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the Senate
proceed to the immediate consider-
ation of H.R. 1868; that the Shaheen-
Collins substitute amendment No. 1410
and the Scott of Florida amendment
No. 1411 be made pending and reported
by number; further, that the Senate
vote in relation to the Scott amend-
ment and the substitute, that upon dis-
position of the amendments, the bill be
considered read a third time, the Sen-
ate vote on passage of the bill as
amended, if amended, with 60 affirma-
tive votes required for passage; further,
that there be 2 minutes for debate,
equally divided, prior to each vote; and
finally, that the motions to reconsider
be considered made and laid upon the
table, all with no intervening action or
debate.
The PRESIDING OFFICER. Is there
objection?
The
Senator
from
Indiana.
Mr.
BRAUN. Mr. President, reserving the
right to object, I rise today to ask sup-
port of this body to fix a problem in
the American Rescue Plan, a bill that
was passed in a rushed manner with no
input from Republicans.
I do not rise today to debate the un-
derlying bill, although there could be
plenty to debate about it, but to make
the point we can multitask and address
more than one time-sensitive issue at a
time.
We need to protect senior citizens
and ensure we aren’t making cuts to a
vital program like Medicare, and today
we will do that.
But we have another issue that we
can address today as well.
In the American Rescue Plan, Demo-
crats punished red States, like Indiana,
for keeping unemployment low, by tak-
ing a smart approach to COVID, by bal-
ancing public safety with the economy.
Now they want to tell States that
they can’t cut taxes through 2024, de-
spite being good stewards day in and
day out of taxpayer money over the
past year.
This provision is so troubling that 21
State AGs sent a letter to the Treasury
raising the following concerns about
the tax cut prohibition:
It imposes an ambiguous condition
on Federal funding; it results in Fed-
eral conditions that don’t relate to the
Federal interest for which the program
was established; it violates separation
of powers and fundamental democratic
principles and effectively commandeers
half of the States’ fiscal ledgers; and,
ultimately, it is unconstitutionally co-
ercive.
Treasury said last week that States
can still cut their taxes; they just can’t
use American Rescue Plan money to do
it. But Governors and State legisla-
tures are still confused.
One midwestern attorney general has
asked a Federal judge to block the tax
cut prohibition. Multiple tax profes-
sionals and outside groups say there
are many questions still left unan-
swered.
We can stop this entire mess by
adopting
my
amendment,
the
Let
States Cut Taxes Act, an amendment
to stop the Federal Government’s un-
constitutional overreach on States’
rights.
Therefore, I ask that the Senator
modify his request to include my
amendment, which is at the desk, and
that following disposition of the Scott
amendment, the Senate vote on my
amendment with a 60-affirmative-vote
threshold for adoption.
The PRESIDING OFFICER. Does the
Senator so modify his request?
The Senator from West Virginia.
Mr. MANCHIN. Mr. President, I re-
serve the right to object.
I have a statement to make.
Last week, my friend from Indiana
and I were last down here discussing
this issue.
There seemed to be a lot of confusion
about the Treasury—or how the Treas-
ury would interpret the net tax rev-
enue provision. There seemed to be a
fear that this language would prevent
States from cutting any taxes whatso-
ever.
And the good news is that we re-
ceived some guidance earlier this week
from Secretary Yellen that should put
those concerns to bed once and for all.
Mr. President, I ask unanimous con-
sent to have printed in the RECORD the
letter from Secretary Yellen.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
DEPARTMENT OF THE TREASURY,
Washington, DC, March 23, 2021.
Hon. MARK BRNOVICH,
Attorney General, State of Arizona,
Phoenix, AZ.
DEAR
ATTORNEY
GENERAL
BRNOVICH: I
write in reply to your March 16, 2021 letter
regarding Treasury’s implementation of sec-
tion 9901 of the American Rescue Plan Act
(the ‘‘Act’’), which provides funds to States,
territories, Tribal governments, and local-
ities to help them manage the economic con-
sequences of COVID–19.
In the Act, Congress has provided funding
to help States manage the public health and
economic consequences of COVID–19 and it
has given States considerable flexibility to
use that money to address the diverse needs
of their communities. At the same time,
Congress placed limitations to ensure that
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CONGRESSIONAL RECORD — SENATE
S1801
March 25, 2021
the money is used to achieve those pur-
poses—including provisions stating that this
funding may not be used to offset a reduc-
tion in net tax revenue resulting from cer-
tain changes in state law.
It is well established that Congress may
place such reasonable conditions on how
States may use federal funding. Congress in-
cludes those sorts of reasonable funding con-
ditions in legislation routinely, including
with respect to funding for Medicaid, edu-
cation, and highways. Here, the Act provides
a broad outlay of federal funds, and accord-
ingly includes restrictions to ensure that
those funds are properly applied. Earlier
COVID–19 relief measures providing state
funding
also
included
restrictions
that
barred States from spending those funds on
certain ineligible expenditures.
Nothing in the Act prevents States from
enacting a broad variety of tax cuts. That is,
the Act does not ‘‘deny States the ability to
cut taxes in any manner whatsoever.’’ It
simply provides that funding received under
the Act may not be used to offset a reduction
in net tax revenue resulting from certain
changes in state law. If States lower certain
taxes but do not use funds under the Act to
offset those cuts—for example, by replacing
the lost revenue through other means—the
limitation in the Act is not implicated.
It is also important to note that States
choosing to use the federal funds to offset a
reduction in net tax revenue do not thereby
forfeit their entire allocation of funds appro-
priated under this statute. The limitation af-
fects States’ ability to retain only those fed-
eral funds used to offset a reduction in net
tax revenue resulting from certain changes
in state law.
Treasury is crafting further guidance—in-
cluding guidance to address more specifi-
cally the issues raised by your letter and the
procedures Treasury will use for any future
recoupment—that will provide additional in-
formation about how this provision will be
administered. We will provide this guidance
before a State must submit a certification
under 602(d)(1). We also expect to engage in
an ongoing dialogue throughout the pro-
gram.
These funds will provide transformative re-
lief to States, territories, and Tribal govern-
ments, and our communities should be able
to use the funds to recover from the eco-
nomic fallout due to the pandemic, which is
what Congress intended. I hope to work with
your State, as well as others across the
country, to ensure these funds can be used in
ways that align with the goals of the statute
without undue restrictions.
Sincerely,
JANET L. YELLEN.
Mr. MANCHIN. Mr. President, I will
enter this letter into the RECORD, but I
would like to read the key sentences.
And to the Senator from Indiana, if I
could read this letter to you and to
make sure that—I don’t know how—I
have spoken to my attorney general,
who was one of the original cosigners,
and I said: Mr. Attorney General, I
want to explain this in English because
it is very easy to understand. It says
this:
Nothing in the Act prevents States from
enacting a broad variety of tax cuts.
Do whatever you want.
That is, the Act does not ‘‘deny States the
ability to cut taxes in any manner whatso-
ever.’’
This comes from the Secretary of
Treasury.
It simply provides that funding received
under the Act may not be used to offset a re-
duction. . . .
That you choose, unless it is COVID
related. It makes all the sense in the
world. It has to be COVID related.
If States lower certain taxes but do not use
funds under the Act to offset those cuts—for
example, by replacing the lost revenue
through other means—the limitation in the
Act is not implicated.
They can do whatever they want to.
And if they can show other revenue to
offset it, that is great. They just can-
not use the Treasury’s money that the
people have invested in their States for
that purpose.
It also says this:
It is . . . important to note that the States
choosing to use the Federal funds to offset a
reduction in net tax revenue do not thereby
forfeit their entire allocation of funds appro-
priated under this statute.
They have alluded to that, which is
not accurate.
The limitation affects States’ ability to re-
tain only those Federal funds used to offset
a reduction in . . . tax revenue resulting
from certain changes in [the] state law.
That is it. That is not—and these are
all supposed to be educated attorneys
that are writing letters wanting expla-
nations.
This is as common sense as it gets. It
is a bipartisan guardrail to simply
make sure the emergency funds make
it to the people who need it most, and
the States can do whatever they think
they should do and could do.
As a former Governor, I would have
been offended if I thought it was ham-
pered. I am not. I have got to make
good decisions here. I have other rev-
enue coming in. I want to cut this tax.
That is fine. I just can’t cut a tax to be
popular and then say: OK. Mr. Senators
here, please send us money so we can
be popular back home but use your
money to make us look good. That is
about it in a nutshell.
So it is for those reasons, and many,
many more, I object.
The PRESIDING OFFICER. Objec-
tion is heard to the modification.
Is there objection to the original re-
quest?
Mr. BRAUN. Reserving the right to
object, coming from the world of busi-
ness, I have been dismayed by Washing-
ton’s inability to fix problems in a
timely, rational manner, and that has
been over a stretch of many years be-
fore I got here.
I do, respectfully, disagree with my
friend from West Virginia. We should
fix this tax cut prohibition right now
that was forced into the American Res-
cue Plan in the wee hours of the morn-
ing.
If we want to fix a commonsense
problem, we are being told that our
only choice is to hold Hoosier seniors
hostage. This is the most deliberative
body in the world; this cannot be the
best the Senate has to offer.
We must get the Federal Government
out of the way and stop complicating
and confusing States. They should be
allowed to do their jobs.
And, by the way, they do their jobs—
balancing their budgets every year, liv-
ing within their means. Most of the
rest of the country accepts that as
well.
Given the looming April 1 deadline
for cuts to return to Medicare, I am
not willing to let Hoosier seniors suf-
fer. As a result, I will withdraw my
amendment in the interest of seniors
across Indiana.
I look forward to working with the
two leaders after the recess to fix this
issue. I will not object.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Under the previous order, the Senate
will proceed to the consideration of
H.R. 1868, which the clerk will report.
The senior assistant legislative clerk
read as follows:
A bill (H.R. 1868) to prevent across-the-
board direct spending cuts, and for other
purposes.
The PRESIDING OFFICER. Under
the previous order, the clerk will now
report the amendments numbered 1410
and 1411 by number.
AMENDMENT NO. 1410
The senior assistant legislative clerk
read as follows:
The Senator from New Hampshire [Mrs.
SHAHEEN] for herself and Ms. COLLINS pro-
poses an amendment numbered 1410.
The amendment is as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and in-
sert the following:
SECTION 1. EXTENSION OF TEMPORARY SUSPEN-
SION
OF
MEDICARE
SEQUESTRA-
TION.
(a) EXTENSION.—
(1) IN GENERAL.—Section 3709(a) of division
A of the CARES Act (2 U.S.C. 901a note) is
amended by striking ‘‘March 31, 2021’’ and in-
serting ‘‘December 31, 2021’’.
(2)
EFFECTIVE
DATE.—The
amendment
made by paragraph (1) shall take effect as if
enacted as part of the CARES Act (Public
Law 116–136).
(b) OFFSET.—Section 251A(6)(C) of the Bal-
anced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901a(6)(C)) is amended—
(1) in clause (i)—
(A) by striking ‘‘first 6 months’’ and insert-
ing ‘‘first 5 1⁄2 months’’;
(B) by striking ‘‘4.0 percent’’ and inserting
‘‘2.0 percent’’; and
(C) by striking ‘‘and’’ at the end;
(2) in clause (ii)—
(A) by striking ‘‘second 6 months’’ and in-
serting ‘‘6-month period beginning on the
day after the last day of the period described
in clause (i)’’; and
(B) by striking ‘‘0.0 percent.’’ and inserting
‘‘4.0 percent; and’’; and
(3) by adding at the end the following:
‘‘(iii) with respect to the remaining 1⁄2
month in which such order is so effective for
such fiscal year, the payment reduction shall
be 0.0 percent.’’.
SEC. 2. TECHNICAL CORRECTIONS.
(a) RURAL HEALTH CLINIC PAYMENTS.—
(1) IN
GENERAL.—Section 1833(f)(3) of the
Social Security Act (42 U.S.C. 1395l(f)(3)) is
amended—
(A) in subparagraph (A)—
(i) in clause (i), by striking subclauses (I)
and (II) and inserting the following:
‘‘(I) with respect to a rural health clinic
that had a per visit payment amount estab-
lished for services furnished in 2020—
‘‘(aa) the per visit payment amount appli-
cable to such rural health clinic for rural
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CONGRESSIONAL RECORD — SENATE
S1802
March 25, 2021
health clinic services furnished in 2020, in-
creased by the percentage increase in the
MEI applicable to primary care services fur-
nished as of the first day of 2021; or
‘‘(bb) the limit described in paragraph
(2)(A); and
‘‘(II) with respect to a rural health clinic
that did not have a per visit payment
amount established for services furnished in
2020—
‘‘(aa) the per visit payment amount appli-
cable to such rural health clinic for rural
health clinic services furnished in 2021; or
‘‘(bb) the limit described in paragraph
(2)(A); and’’; and
(ii) in clause (ii)(I), by striking ‘‘under
clause (i)(I)’’ and inserting ‘‘under subclause
(I) or (II) of clause (i), as applicable,’’; and
(B) by striking subparagraph (B) and in-
serting the following:
‘‘(B) A rural health clinic described in this
subparagraph is a rural health clinic that—
‘‘(i) as of December 31, 2020, was in a hos-
pital with less than 50 beds and after such
date such hospital continues to have less
than 50 beds (not taking into account any in-
crease in the number of beds pursuant to a
waiver under subsection (b)(1)(A) of section
1135 during the emergency period described
in subsection (g)(1)(B) of such section); and
‘‘(ii)(I) as of December 31, 2020, was en-
rolled under section 1866(j) (including tem-
porary enrollment during such emergency
period for such emergency period); or
‘‘(II) submitted an application for enroll-
ment under section 1866(j) (or a request for
such a temporary enrollment for such emer-
gency period) that was received not later
than December 31, 2020.’’.
(2)
EFFECTIVE
DATE.—The
amendments
made by this subsection shall take effect as
if included in the enactment of the Consoli-
dated Appropriations Act, 2021 (Public Law
116–260).
(b) ADDITIONAL AMOUNT FOR CERTAIN HOS-
PITALS
WITH
HIGH
DISPROPORTIONATE
SHARE.—Effective as if included in the enact-
ment of section 203(a) of title II of division
CC of Public Law 116–260, subsection (g) of
section 1923 of the Social Security Act (42
U.S.C. 1396r–4), as amended by such section,
is amended by adding at the end the fol-
lowing:
‘‘(3) CONTINUED
APPLICATION
OF
GRAND-
FATHERED
TRANSITION
RULE.—Notwith-
standing paragraph (2) of this subsection (as
in effect on October 1, 2021), paragraph (2) of
this subsection (as in effect on September 30,
2021, and as applied under section 4721(e) of
the Balanced Budget Act of 1997, and amend-
ed by section 607 of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act
of 1999 (Public Law 106–113)) shall apply in
determining whether a payment adjustment
for a hospital in a State referenced in section
4721(e) of the Balanced Budget Act of 1997
during a State fiscal year shall be considered
consistent with subsection (c).’’.
AMENDMENT NO. 1411 TO AMENDMENT NO. 1410
The senior assistant legislative clerk
read as follows:
The Senator from Florida [Mr. SCOTT] pro-
poses an amendment numbered 1411 to
amendment No. 1410.
The amendment is as follows:
(Purpose: To improve the bill)
Strike section 2(b).
The PRESIDING OFFICER. There
will now be 2 minutes of debate, equal-
ly divided, prior to a vote in relation to
amendment No. 1411.
The Senator from Florida is recog-
nized.
Mr. SCOTT of Florida. Mr. President,
it must be nice to be the Speaker of the
House. Speaker PELOSI gets to push
around our new majority leader and
my Democratic colleagues, and they
get nothing in return.
This bill is a bailout for Speaker
PELOSI
and
gives
California’s
healthcare system the ability to claim
up to 175 percent of uncompensated
care costs in their DSH Program while
all the other States can only claim up
to 100 percent of costs.
How is that fair to Florida?
How can the majority leader and my
new colleagues from Georgia, Colorado,
New Mexico, and Arizona justify a vote
that is unfair to their States? Well,
welcome to Pelosi’s U.S. Senate.
Seriously, how can anyone in this
body, except, perhaps, my two col-
leagues from California, possibly jus-
tify voting against this amendment?
This is a very simple concept. All 50
States should be treated equally. One
State should not be given special treat-
ment over the others. This is a bailout
for Speaker PELOSI, period.
I want to be very clear. I oppose any
cuts to Medicare benefits. So what I
am offering protects Medicare benefits,
and the only change it makes to this
bill is to strip out this ridiculous
Pelosi bailout.
The PRESIDING OFFICER. The Sen-
ator’s time has expired.
Mr. SCOTT of Florida. Mr. President,
I ask unanimous consent that I have
another 30 seconds.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. SCOTT of Florida. What I am of-
fering protects Medicare benefits, and
the only change it makes to this bill is
to strip out this ridiculous Pelosi bail-
out.
A vote for my amendment is a vote
to ensure that all 50 States play by the
same rules. It is to preserve the cur-
rent law.
A vote against my amendment is a
vote to say that your State plays by
the rules, but PELOSI gets her own set
of rules.
I yield the floor.
The PRESIDING OFFICER. The Sen-
ator from California is recognized.
Mrs. FEINSTEIN. Mr. President, I
rise in strong opposition to this amend-
ment.
The bill before us today fixes a draft-
ing error from legislation enacted last
December. The unintentional error oc-
curred accidentally against a long-
standing rule under which California is
able to use Medicaid funding to reim-
burse hospitals serving uninsured and
Medicaid patients.
Today’s bill fixes that drafting error.
It makes no other changes to law and
does not provide additional funds to
California or any other State. CBO
says that this provision has no budg-
etary effect.
Because of the sheer number of Med-
icaid and uninsured patients that re-
ceive care in California’s safety net
hospitals, Congress, in 1997, granted
the State additional flexibility. It can
use Federal funds it receives to cover
hospital expenses for those in need.
If the Scott amendment passes, hos-
pital care for half of the children in
California and the vulnerable popu-
lations most affected by COVID would
be at risk.
Please vote no on this amendment.
VOTE ON AMENDMENT NO. 1411
The
PRESIDING
OFFICER.
The
question is on agreeing to the Scott
amendment.
Mr. SCOTT of Florida. Mr. President,
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a
sufficient second?
There appears to be a sufficient sec-
ond.
The clerk will call the roll.
The senior assistant legislative clerk
called the roll.
Mr. THUNE. The following Senators
are necessarily absent: the Senator
from Nebraska (Mr. SASSE), the Sen-
ator from Kansas (Mr. MORAN), and the
Senator from Mississippi (Mrs. HYDE-
SMITH).
Further, if present and voting, the
Senator from Kansas (Mr. MORAN)
would have voted ‘‘yea’’ and the Sen-
ator from Nebraska (Mr. SASSE) would
have voted ‘‘yea.’’
The PRESIDING OFFICER. Are there
any other Senators in the Chamber de-
siring to vote or to change their vote?
The result was announced—yeas 47,
nays 50, as follows:
[Rollcall Vote No. 141 Ex.]
YEAS—47
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Collins
Cornyn
Cotton
Cramer
Crapo
Cruz
Daines
Ernst
Fischer
Graham
Grassley
Hagerty
Hawley
Hoeven
Inhofe
Johnson
Kennedy
Lankford
Lee
Lummis
Marshall
McConnell
Murkowski
Paul
Portman
Risch
Romney
Rounds
Rubio
Scott (FL)
Scott (SC)
Shelby
Sullivan
Thune
Tillis
Toomey
Tuberville
Wicker
Young
NAYS—50
Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Hassan
Heinrich
Hickenlooper
Hirono
Kaine
Kelly
King
Klobuchar
Leahy
Luja´n
Manchin
Markey
Menendez
Merkley
Murphy
Murray
Ossoff
Padilla
Peters
Reed
Rosen
Sanders
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Tester
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wyden
NOT VOTING—3
Hyde-Smith
Moran
Sasse
The amendment (No. 1411) was re-
jected.
AMENDMENT NO. 1410
The PRESIDING OFFICER. There
will be 2 minutes of debate on the Sha-
heen-Collins amendment.
The Senator from New Hampshire.
Mrs. SHAHEEN. If we are quiet, we
will be quick.
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CONGRESSIONAL RECORD — SENATE
S1803
March 25, 2021
I urge my colleagues on both sides of
the aisle to come together and help en-
sure that our Nation’s hospitals, nurs-
ing
homes,
physicians,
and
other
healthcare providers have the support
they need to get through the COVID–19
pandemic.
This substitute amendment that Sen-
ator COLLINS and I are offering is a
compromise that delays the Medicare
payment cuts through December 31 and
ensures that the cost of this delay is
paid for.
I hope you will support it.
Senator COLLINS.
Ms. COLLINS. Mr. President.
The PRESIDING OFFICER. The Sen-
ator from Maine.
Ms. COLLINS. Mr. President, I rise
today to support the Shaheen-Collins
substitute to prevent a cut in Medicare
reimbursements for hospitals, nursing
homes, home health agencies and other
healthcare providers who continue to
care for their patients in this era of
COVID. Congress twice last year sus-
pended the 2-percent Medicare seques-
ter in bipartisan COVID relief pack-
ages, and I hope we can do so once
again.
At a time when our country is rely-
ing so heavily on our healthcare pro-
viders to help get us back to normal,
we cannot ignore the financial realities
they face. Almost half—17 out of 36—of
Maine hospitals finished last year with
a negative operating margin. Accord-
ing to Northern Light Health in Maine,
relief from the Medicare sequester
amounts to $1 million per month.
The Shaheen-Collins amendment will
extend the current sequester morato-
rium until the end of the year. This fi-
nancial certainty is needed in these un-
certain times.
I urge my colleagues to support the
Shaheen-Collins substitute.
Thank you.
VOTE ON AMENDMENT NO. 1410
The
PRESIDING
OFFICER.
The
question is on agreeing to the amend-
ment.
The amendment (No. 1410) in the na-
ture of a substitute was agreed to.
The PRESIDING OFFICER. Under
the previous order, the bill is consid-
ered read a third time.
The amendments were ordered to be
engrossed and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. There
are 2 minutes of debate.
Mrs. SHAHEEN. Mr. President, I rise
today to urge my colleagues on both
sides of the aisle to come together and
help ensure that our Nation’s hos-
pitals, nursing homes, physicians, and
other healthcare providers have the fi-
nancial support they need to get
through the COVID–19 pandemic.
On March 25, 2020, this body came to-
gether and passed the CARES Act, by a
96–0 vote—exactly 1 year ago today.
The CARES Act helped to provide the
resources needed to ramp up testing
and vaccine development, ensure that
small businesses would have support to
continue to pay their workers, and pro-
vide much-needed financial relief for
healthcare providers on the frontlines
of this pandemic.
A year later, we can start to see the
light at the end of the very long tunnel
that is this public health crisis. More
than 100 million doses of COVID–19 vac-
cines have been administered across
the country. And we are starting to see
job growth as more companies start
hiring again.
However, with hundreds of millions
of Americans still needing to be vac-
cinated and the threat of COVID–19
variants still looming, we need to con-
tinue
to
support
our
frontline
healthcare providers and help keep
them financially strong for the months
ahead.
That is why Senator COLLINS and I
came together to introduce the Medi-
care Sequester Relief Act, a bill that
would suspend the 2 percent Medicare
payment cuts that are scheduled to hit
healthcare providers starting on April
1.
As a result of the CARES Act and
through subsequent relief measures,
these payment cuts have been sus-
pended through March 31, and they
need to be suspended again.
With American hospitals and nursing
homes projecting tens of billions of
dollars in additional financial losses
this year due to the COVID–19 crisis,
we need to continue to avert these
Medicare payment cuts until we are
further past the worst of the pandemic.
The substitute amendment that Sen-
ator COLLINS and I are offering today is
a reasonable compromise. It delays the
Medicare payment cuts through De-
cember 31. And it ensures that the cost
of this delay is paid for, so that we do
not increase the Federal budget deficit.
This week, I heard from Wentworth-
Douglass Hospital in Dover, NH.
They highlighted that this legisla-
tion would result in $2.1 million in des-
perately needed additional revenue for
the hospital.
The hospital’s chief financial officer,
Peter Walcek told me: ‘‘These are real
dollars supporting our organization’s
recovery from tens of millions in lost
revenue and added costs during the
pandemic. . . . By passing a continued
moratorium through 2021, Wentworth-
Douglass will be in a better place to
care for those in need and respond to
any future crisis affecting the health of
our community.’’
I also heard about the importance of
Medicare
sequester
relief
for
New
Hampshire nursing homes. Patricia
Ramsey, from the Edgewood Centre
nursing facility in Portsmouth, NH,
said ‘‘the Medicare sequestration sus-
pension, although not a cure, will help
us mitigate the added operating ex-
penses and losses we continue to expe-
rience, especially with the exacerbated
workforce shortage.’’
I have heard stories like these from
so many healthcare providers across
New Hampshire, and I believe there are
healthcare providers in each of our
communities that would share similar
stories.
We need to provide them with more
financial support so that they can be
there to care for patients, as we con-
tinue to make progress in combating
this pandemic.
We cannot allow our hospitals and
healthcare providers to go under as we
fight through the worst public health
crisis of our lifetimes.
I urge my colleagues to come to-
gether again, like we did in the CARES
Act, and support this legislation when
it comes up for a vote today.
Thank you.
The PRESIDING OFFICER. The Sen-
ator from Oregon.
Mr. WYDEN. Mr. President, 30 sec-
onds’ worth.
First of all, we are protecting the
lifeline for senior citizens by delaying
the sequester cut to Medicare. We
would have extraordinary problems if
this cut were to be allowed to take ef-
fect.
Second, we have defeated the Scott
amendment which, if adopted, would
have set a horrible precedent by refus-
ing to fix Congress’s mistake and forc-
ing hospitals in one Senator’s State to
take on draconian Medicaid cuts.
I urge an ‘‘aye’’ vote.
VOTE ON H.R. 1868
The PRESIDING OFFICER. The bill
having been read the third time, the
question is, Shall the bill pass, as
amended?
Mr. MANCHIN. I ask for the yeas and
nays.
The PRESIDING OFFICER. Is there a
sufficient second?
There appears to be a sufficient sec-
ond.
The
PRESIDING
OFFICER.
The
clerk will call the roll.
The legislative clerk called the roll.
Mr. THUNE. The following Senators
are necessarily absent: the Senator
from Wyoming (Mr. BARRASSO), the
Senator from Texas (Mr. CORNYN), the
Senator from Texas (Mr. CRUZ), the
Senator from Mississippi (Mrs. HYDE-
SMITH), the Senator from Wisconsin
(Mr. JOHNSON), the Senator from Kan-
sas (Mr. MORAN), the Senator from Ne-
braska (Mr. SASSE), and the Senator
from Alabama (Mr. TUBERVILLE).
Further, if present and voting, the
Senator from Kansas (Mr. MORAN)
would have voted ‘‘yea.’’
The result was announced—yeas 90,
nays 2, as follows:
[Rollcall Vote No. 142 Ex.]
YEAS—90
Baldwin
Bennet
Blackburn
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cortez Masto
Cotton
Cramer
Crapo
Daines
Duckworth
Durbin
Ernst
Feinstein
Fischer
Gillibrand
Graham
Grassley
Hagerty
Hassan
Hawley
Heinrich
Hickenlooper
Hirono
Hoeven
Inhofe
Kaine
Kelly
Kennedy
King
Klobuchar
Lankford
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CONGRESSIONAL RECORD — SENATE
S1804
March 25, 2021
Leahy
Lee
Luja´n
Lummis
Manchin
Markey
Marshall
McConnell
Menendez
Merkley
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Portman
Reed
Risch
Romney
Rosen
Rounds
Rubio
Sanders
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wicker
Wyden
Young
NAYS—2
Paul
Toomey
NOT VOTING—8
Barrasso
Cornyn
Cruz
Hyde-Smith
Johnson
Moran
Sasse
Tuberville
The bill (H.R. 1868), as amended, was
passed.
The PRESIDING OFFICER (Ms. COR-
TEZ MASTO). On this vote, the yeas are
90, the nays are 2.
The 60-vote threshold having been
achieved, the bill, as amended, is
passed.
The bill (H.R. 1868), as amended,
passed. The majority leader.
f
EXECUTIVE SESSION
EXECUTIVE CALENDAR
Mr. SCHUMER. Madam President, I
move to proceed to executive session to
consider Calendar No. 55.
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
The
PRESIDING
OFFICER.
The
clerk will report the nomination.
The legislative clerk read the nomi-
nation of Polly Ellen Trottenberg, of
New York, to be Deputy Secretary of
Transportation.
CLOTURE MOTION
Mr. SCHUMER. Madam President, I
send a cloture motion to the desk.
The PRESIDING OFFICER. The clo-
ture motion having been presented
under rule XXII, the Chair directs the
clerk to read the motion.
The legislative clerk read as follows:
CLOTURE MOTION
We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the
Standing Rules of the Senate, do hereby
move to bring to a close debate on the nomi-
nation of Executive Calendar No. 55, Polly
Ellen Trottenberg, of New York, to be Dep-
uty Secretary of Transportation.
Charles E. Schumer, Patrick J. Leahy,
Richard J. Durbin, Christopher A.
Coons, Patty Murray, Jeff Merkley,
Tammy Baldwin, Elizabeth Warren,
Robert Menendez, Richard Blumenthal,
Kirsten E. Gillibrand, Chris Van Hol-
len, Ron Wyden, Angus S. King, Jr.,
Robert P. Casey, Jr., Amy Klobuchar,
Christopher Murphy.
f
LEGISLATIVE SESSION
Mr. SCHUMER. Madam President, I
move to proceed to legislative session.
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
f
EXECUTIVE SESSION
EXECUTIVE CALENDAR
Mr. SCHUMER. Madam President, I
move to proceed to executive session to
consider Calendar No. 35.
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
The
PRESIDING
OFFICER.
The
clerk will report the nomination.
The legislative clerk read the nomi-
nation of Wendy Ruth Sherman, of
Maryland, to be Deputy Secretary of
State.
CLOTURE MOTION
Mr. SCHUMER. Madam President, I
send a cloture motion to the desk.
The PRESIDING OFFICER. The clo-
ture motion having been presented
under rule XXII, the Chair directs the
clerk to read the motion.
The legislative clerk read as follows:
CLOTURE MOTION
We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the
Standing Rules of the Senate, do hereby
move to bring to a close debate on the nomi-
nation of Executive Calendar No. 35, Wendy
Ruth Sherman, of Maryland, to be Deputy
Secretary of State.
Charles E. Schumer, Robert Menendez,
Chris Van Hollen, Tammy Baldwin,
Richard J. Durbin, Thomas R. Carper,
Tina Smith, Richard Blumenthal, Ben
Ray Luja´n, Debbie Stabenow, Ron
Wyden, Cory A. Booker, Alex Padilla,
Jack Reed, Mark R. Warner, Chris Van
Hollen, Robert P. Casey, Jr.
f
LEGISLATIVE SESSION
Mr. SCHUMER. Madam President, I
move to proceed to legislative session.
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
f
EXECUTIVE SESSION
EXECUTIVE CALENDAR
Mr. SCHUMER. Madam President, I
move to proceed to executive session to
consider Calendar No. 33.
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
The
PRESIDING
OFFICER.
The
clerk will report the nomination.
The legislative clerk read the nomi-
nation of Gary Gensler, of Maryland, to
be a Member of the Securities and Ex-
change Commission for the remainder
of the term expiring June 5, 2021.
CLOTURE MOTION
Mr. SCHUMER. Madam President, I
send a cloture motion to the desk.
The PRESIDING OFFICER. The clo-
ture motion having been presented
under rule XXII, the Chair directs the
clerk to read the motion.
The legislative clerk read as follows:
CLOTURE MOTION
We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the
Standing Rules of the Senate, do hereby
move to bring to a close debate on the nomi-
nation of Executive Calendar No. 33, Gary
Gensler, of Maryland, to be a Member of the
Securities and Exchange Commission for the
remainder of the term expiring June 5, 2021.
Charles E. Schumer, Patrick J. Leahy,
Richard J. Durbin, Christopher A.
Coons, Patty Murray, Jeff Merkley,
Tammy Baldwin, Elizabeth Warren,
Robert Menendez, Richard Blumenthal,
Kirsten E. Gillibrand, Chris Van Hol-
len, Ron Wyden, Angus S. King, Jr.,
Robert P. Casey, Jr., Amy Klobuchar,
Christopher Murphy.
f
LEGISLATIVE SESSION
Mr. SCHUMER. Madam President, I
move to proceed to legislative session.
The
PRESIDING
OFFICER.
The
question is on the motion.
The motion was agreed to.
f
EXECUTIVE SESSION
EXECUTIVE CALENDAR
Mr. SCHUMER. Madam President, I
move to proceed to executive session to
consider Calendar No. 53.
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
The
PRESIDING
OFFICER.
The
clerk will report the nomination.
The legislative clerk read the nomi-
nation of Brenda Mallory, of Maryland,
to be a Member of the Council on Envi-
ronmental Quality.
CLOTURE MOTION
Mr. SCHUMER. Madam President, I
send a cloture motion to the desk.
The PRESIDING OFFICER. The clo-
ture motion having been presented
under rule XXII, the Chair directs the
clerk to read the motion.
The legislative clerk read as follows:
CLOTURE MOTION
We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the
Standing Rules of the Senate, do hereby
move to bring to a close debate on the nomi-
nation of Executive Calendar No. 53, Brenda
Mallory, of Maryland, to be a Member of the
Council on Environmental Quality.
Charles E. Schumer, Ron Wyden, Maria
Cantwell, Richard J. Durbin, Robert P.
Casey,
Jr.,
Jeanne
Shaheen,
Tim
Kaine, Angus S. King, Jr., Tammy
Duckworth, John Hickenlooper, Gary
C. Peters, Brian Schatz, Patty Murray,
Tina Smith, Mazie K. Hirono, Sheldon
Whitehouse, Alex Padilla.
f
LEGISLATIVE SESSION
Mr. SCHUMER. Madam President, I
move to proceed to legislative session.
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
f
COVID–19 HATE CRIMES ACT—
Motion to Proceed
Mr. SCHUMER. Madam President, I
move to proceed to Calendar No. 13, S.
937.
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CONGRESSIONAL RECORD — SENATE
S1805
March 25, 2021
The
PRESIDING
OFFICER.
The
question is on agreeing to the motion.
The motion was agreed to.
MOTION TO PROCEED
Mr. SCHUMER. Madam President, I
move to proceed to Calendar No. 13, S.
937.
The
PRESIDING
OFFICER.
The
clerk will report the motion.
The legislative clerk read as follows:
Motion to proceed to Calendar No. 13, S.
937, a bill to facilitate the expedited review
of COVID–19 hate crimes, and for other pur-
poses.
CLOTURE MOTION
Mr. SCHUMER. Madam President, I
send a cloture motion to the desk.
The PRESIDING OFFICER. The clo-
ture motion having been presented
under rule XXII, the Chair directs the
clerk to read the motion.
The legislative clerk read as follows:
CLOTURE MOTION
We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the
Standing Rules of the Senate, do hereby
move to bring to a close debate on the mo-
tion to proceed to Calendar No. 13, S. 937, a
bill to facilitate the expedited review of
COVID–19 hate crimes, and for other pur-
poses.
Charles E. Schumer, Mazie K. Hirono,
Tammy Duckworth, Richard J. Durbin,
Patty Murray, Jeff Merkley, Tammy
Baldwin,
Elizabeth
Warren,
Robert
Menendez, Bernard Sanders, Kirsten E.
Gillibrand, Jacky Rosen, Chris Van
Hollen,
Ron
Wyden,
Richard
Blumenthal, Amy Klobuchar, Chris-
topher Murphy.
Mr. SCHUMER. Finally, I ask unani-
mous consent that the mandatory
quorum calls for the cloture motions
filed today, March 25, be waived.
The PRESIDING OFFICER. Without
objection, it is so ordered.
f
MORNING BUSINESS
Mr. SCHUMER. Madam President, I
ask unanimous consent that the Sen-
ate be in a period of morning business,
with Senators permitted to speak
therein for up to 10 minutes each.
The PRESIDING OFFICER. Is there
an objection?
Without objection, it is so ordered.
f
EQUAL PAY DAY
Mr. DURBIN. Mr. President, our Na-
tion is built on some fundamental
ideas. One of those ideas is fairness.
But there are millions of women
across this country today who are
doing the same job as their male col-
leagues and are being paid less.
That is why on this National Equal
Pay Day, I stand with my fellow Sen-
ators to close the pay equity gap and
ensure equal pay for equal work.
Fifty-eight years after the passage of
the Equal Pay Act, women still only
earn, on average, 82 cents for every dol-
lar paid to men.
This wage gap is even worse for
women of color.
African-American women who work
full time make only 63 cents for every
dollar paid to White males.
Hispanic women make only 55 cents
on the dollar.
In nearly every industry in our coun-
try, women’s median earnings remain
less than their male counterparts.
There has been one profound change
since the passage of the Equal Pay Act
58 years ago. Forty-one percent of
women are now the primary-or only-
breadwinners for their families.
In my own State of Illinois, women
earn, on average, just 81 cents for every
dollar earned by men.
African-American women in Illinois
make just 63 cents for every dollar paid
to White males. Hispanic women are
paid even less-just 49 cents on the dol-
lar.
This pay discrimination hurts work-
ing families. More than one-third of
households led by women in Illinois
live in poverty.
Over their lifetimes, this persistent
pay equity gap will cost the average
woman in my State nearly $500,000 in
lost wages.
This is not right, and it is not fair.
And it means women have to work that
much harder to support their families
and retire in dignity, and too many
can’t achieve those goals no matter
how long or hard they work.
The coronavirus pandemic has under-
scored just how deep and damaging pay
inequality is in the United States.
Nearly 2 in 3 frontline workers are
women. Yet they-nearly universally-
are paid less than men in the same
roles.
For example, 88 percent of registered
nurses are women. Yet they make 93
cents for every dollar a male nurse
makes.
Women who work as home health
aides, personal care aides, or nursing
assistants
typically
lose
$250
per
month, or $3,000 per year, because of
the gender wage gap.
While our economy is slowing start-
ing to recover as people become vac-
cinated and the virus is brought under
control, economists warn that it may
take years for women to recover from
the economic and career setbacks they
have suffered during this pandemic.
Four times as many women as men
left the workforce in September of 2020
alone. More than 860,000 women com-
pared to 216,000 men.
From wage discrimination to the un-
availability of childcare, women are
not getting a fair deal. That means
working families are not getting a fair
deal. That must change.
This Senate should pass the Pay-
check Fairness Act reintroduced by
Senator MURRAY.
The Paycheck Fairness Act would
build on the successes of the Lilly
Ledbetter Fair Pay Act, which was the
first bill signed into law by President
Obama back in 2009.
The Lily Ledbetter Act prohibits
gender-based pay discrimination, but it
is hard to enforce because many em-
ployers still maintain policies that
punish
employees
who
voluntarily
share salary information with their co-
workers.
Workers can’t demand equal pay if
they don’t know that they are being
underpaid.
The Paycheck Fairness Act would
close loopholes that still permit retal-
iation against workers who disclose
their wages.
It would prohibit employers from
asking prospective employees about
their salary history.
It would require that employers
prove that pay disparities exist for le-
gitimate, job-related reasons, not sim-
ply because they think that ‘‘women’s
work’’ is worth less.
I am disappointed that Republican
opposition has prevented the Senate
from passing this bill, which is vital to
the economic security of millions of
American women and their families.
But we are not giving up.
Women have carried America’s fami-
lies and our economy through this pan-
demic. As the pandemic begins to end,
so should the persistent pay discrimi-
nation against women.
I urge my colleagues across the aisle
to commit to passing the Paycheck
Fairness Act and working with us to
close this gender wage gap once and for
all.
f
DOMESTIC TERRORISM
PREVENTION ACT
Mr. DURBIN. Mr. President, I’m re-
introducing a piece of legislation that I
first introduced in 2017: the Domestic
Terrorism Prevention Act.
Back then, we knew there was an ur-
gent need to address the crisis of hate
and violent extremism in America.
In the years since, that crisis has
only gotten worse, and Congress has
failed to take meaningful steps to ad-
dress it.
We can change that, and we can
change it now.
Earlier this week, the Judiciary
Committee held a hearing on gun vio-
lence in America.
It happened just one day after a mass
shooting in Boulder, CO claimed 10
lives and just 1 week after a shooting
spree at 3 Atlanta-area spas claimed 8
lives.
During the hearing, I mentioned how
these tragedies—mass shootings, acts
of terror, hate crimes—they occur with
such frequency, that we can’t keep
track.
Each life lost is added to our national
tally of failure. A failure to save Amer-
ican lives.
And behind each number is a person.
We lost eight of them last week in
the Atlanta area in a hateful act of vio-
lence.
Each of them had a name and a
story.
Xiaojie Tan was a hard-working
mother, wife, and business-owner.
Soon Chung Park was a mother and
grandmother who loved to stay active.
Her family was sure she was going to
live to 100.
Hyun Jung Kim was a former elemen-
tary school teacher who had immi-
grated to the United States from South
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CONGRESSIONAL RECORD — SENATE
S1806
March 25, 2021
Korea. She dedicated her life to raising
her two sons.
Delaina Ashley Yaun was a newlywed
and a mother of two, one of whom was
an 8-month-old baby. She and her hus-
band were getting a couple’s massage
at the time of the shooting.
Young Ae Yue was a wife and mother
of two sons who looked forward to sit-
ting down for a traditional Korean din-
ner every Sunday night.
Paul Andre Michels was a loving hus-
band and a U.S. Army veteran.
Daoyou Feng had recently started
working at one the massage parlors
that was attacked. She was described
by a friend as ‘‘kind and quiet.’’
Sooncha Kim was a wife, mother,
grandmother, and avid line dancer. She
and her husband had been married for
50 years.
All of their lives were cut short by a
lone gunman with hate in his heart.
How many more lives must we lose
before we act?
How many more vigils, funerals must
we hold?
How many more families must be
devastated forever?
While the motives behind these hor-
rific attacks are still being inves-
tigated, it is impossible to ignore that
six of the victims in the Atlanta attack
were Asian-American women.
It happened at a moment when vio-
lence against members of the Asian-
American and Pacific Islander commu-
nity has been on the rise.
Two of my colleagues in the Senate
have shown tremendous courage in the
wake of last week’s attack in Atlanta.
I am proud to have Senator HIRONO
as my colleague on the Senate Judici-
ary Committee, and I am proud to
serve alongside Senator DUCKWORTH
and represent our home State of Illi-
nois.
The two of them have, rightfully,
criticized the Federal Government for
failing to protect members of the AAPI
community from acts of hate and vio-
lent extremism.
And they have every reason to be
angry.
A year ago, they warned us.
They-along with Vice President Har-
ris, who was serving in the Senate at
the time-introduced a resolution ex-
pressing alarm that people are, quote,
‘‘living in fear and terror following the
dramatic increase of threats and at-
tacks against those of Asian descent.’’
They called on us, the Members of
this body, to have a ‘‘singular focus’’
on protecting the safety of AAPI peo-
ple, along with every American.
We failed to do that.
Since
the
pandemic
began
last
March, nearly 3,800 hate incidents tar-
geting members of the AAPI commu-
nity have been reported.
Now these Americans are afraid to
walk the streets of their own neighbor-
hoods.
It is one of many examples that high-
light the dire need to transform the
way we deal with domestic terrorism in
this country.
Even before the pandemic began, a
tide of hatred had begun sweeping over
America.
In 2019, the FBI reported that hate
crimes had increased to the highest
level in more than a decade.
Another report, from the Center for
the Study of Hate and Extremism,
found that the number of hate-moti-
vated aggravated assaults in America
had increased by nearly 50 percent be-
tween 2013 and 2019.
Since hate crimes are historically
underreported, we know that the in-
crease is probably much greater.
Recently, the Department of Home-
land Security warned that violent,
White supremacy is now ‘‘the most per-
sistent and lethal threat in the home-
land.’’
Violent extremism is a threat to all
of us, whether it is a lone gunman in
Atlanta or hordes of blood-thirsty ex-
tremists battering down the doors of
this very chamber.
The Domestic Terrorism Prevention
Act will enhance the Federal Govern-
ment’s ability to prevent these acts of
extremist violence.
It will establish offices to combat do-
mestic terrorism at the Department of
Justice, the FBI, and the Department
of Homeland Security.
Those offices would regularly assess
the threat of violent extremism so law
enforcement can focus their limited re-
sources on the most significant ones.
The Domestic Terrorism Prevention
Act would also provide training and re-
sources to assist State, local, and trib-
al law enforcement in addressing those
threats.
I want to thank Majority Leader
SCHUMER for working expeditiously to
bring this bill to the floor.
I want to thank Senators HIRONO and
DUCKWORTH for their leadership and for
joining me in cosponsoring a version of
this legislation that combines the Do-
mestic Terrorism Prevention Act with
their COVID–19 Hate Crimes Act.
This combined bill, which we have
named the ‘‘Domestic Terrorism and
Hate Crimes Prevention Act of 2021’’,
would both combat the broader threat
of domestic terrorism and ensure that
the Department of Justice is promptly
addressing the particular threats fac-
ing the AAPI community.
Over the past week, in response to
the attacks in Atlanta and Boulder,
CO, I have heard Senators on both sides
of the aisle make speeches about tak-
ing action to prevent acts of domestic
terrorism.
Well, I can think of no better first
step than voting in support of this leg-
islation. To be clear, it is just one step.
There is more we can and must do to
combat domestic terrorism.
But we have been waiting 4 years too
long to sign this bill into law.
Too many Americans have died.
Let’s work to save ourselves from an-
other 4 years of unthinkable tragedies.
I yield the floor.
NOTICE OF TIE VOTE UNDER
S. RES. 27
Mr. DURBIN. Mr. President, I ask
unanimous consent to print the fol-
lowing letter in the CONGRESSIONAL
RECORD.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
To the Secretary of the Senate:
PN79–4, the nomination of Vanita Gupta, of
Virginia, to be Associate Attorney General,
having been referred to the Committee on
the
Judiciary,
the
Committee,
with
a
quorum present, has voted on the nomina-
tion as follows—
(1) On the question of reporting the nomi-
nation favorably with the recommendation
that the nomination be confirmed, 11 ayes to
11 noes; and
In accordance with section 3, paragraph
(1)(A) of S. Res. 27 of the 117th Congress, I
hereby give notice that the Committee has
not reported the nomination because of a tie
vote, and ask that this notice be printed in
the RECORD pursuant to the resolution.
f
NOMINATION OF ADEWALE O.
ADEYEMO
Mr. HAWLEY. Mr. President, had
there been a recorded vote, I would
have voted no on the confirmation of
Executive Calendar No. 30, Adewale O.
Adeyemo, of California, to be Deputy
Secretary of the Treasury.
f
SENATE COMMITTEE ON FOREIGN
RELATIONS RULES OF PROCEDURE
Mr. MENENDEZ. Mr. President, the
Committee on Foreign Relations has
adopted rules governing its procedures
for the 117th Congress. Pursuant to
rule XXVI, paragraph 2, of the Stand-
ing Rules of the Senate, on behalf of
myself and Senator RISCH, I ask unani-
mous consent that a copy of the com-
mittee rules be printed in the RECORD.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
RULES OF THE COMMITTEE ON FOREIGN
RELATIONS
(Adopted February 22, 2021)
RULE 1—JURISDICTION
(a) Substantive.—In accordance with Sen-
ate Rule XXV.1(j)(1), the jurisdiction of the
committee shall extend to all proposed legis-
lation, messages, petitions, memorials, and
other matters relating to the following sub-
jects:
1. Acquisition of land and buildings for em-
bassies and legations in foreign countries.
2. Boundaries of the United States.
3. Diplomatic service.
4. Foreign economic, military, technical,
and humanitarian assistance.
5. Foreign loans.
6. International activities of the American
National Red Cross and the International
Committee of the Red Cross.
7. International aspects of nuclear energy,
including nuclear transfer policy.
8.
International
conferences
and
con-
gresses.
9. International law as it relates to foreign
policy.
10. International Monetary Fund and other
international organizations established pri-
marily for international monetary purposes
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CONGRESSIONAL RECORD — SENATE
S1807
March 25, 2021
(except that, at the request of the Com-
mittee on Banking, Housing, and Urban Af-
fairs, any proposed legislation relating to
such subjects reported by the Committee on
Foreign Relations shall be referred to the
Committee on Banking, Housing, and Urban
Affairs).
11. Intervention abroad and declarations of
war.
12. Measures to foster commercial inter-
course with foreign nations and to safeguard
American business interests abroad.
13. National security and international as-
pects of trusteeships of the United States.
14. Ocean and international environmental
and scientific affairs as they relate to for-
eign policy.
15. Protection of United States citizens
abroad and expatriation.
16. Relations of the United States with for-
eign nations generally.
17. Treaties and executive agreements, ex-
cept reciprocal trade agreements.
18. United Nations and its affiliated organi-
zations.
19. World Bank group, the regional devel-
opment banks, and other international orga-
nizations established primarily for develop-
ment assistance purposes.
The committee is also mandated by Senate
Rule XXV.1(j)(2) to study and review, on a
comprehensive basis, matters relating to the
national security policy, foreign policy, and
international economic policy as it relates
to foreign policy of the United States, and
matters relating to food, hunger, and nutri-
tion in foreign countries, and report thereon
from time to time.
(b) Oversight.—The committee also has a
responsibility
under
Senate
Rule
XXVI.8(a)(2), which provides that ‘‘. . . .
each standing committee . . . shall review
and study, on a continuing basis, the appli-
cation, administration, and execution of
those laws or parts of laws, the subject mat-
ter of which is within the jurisdiction of the
committee.’’
(c) ‘‘Advice and Consent’’ Clauses.—The
committee has a special responsibility to as-
sist the Senate in its constitutional function
of providing ‘‘advice and consent’’ to all
treaties entered into by the United States
and all nominations to the principal execu-
tive branch positions in the field of foreign
policy and diplomacy.
RULE 2—SUBCOMMITTEES
(a) Creation.—Unless otherwise authorized
by law or Senate resolution, subcommittees
shall be created by majority vote of the com-
mittee and shall deal with such legislation
and oversight of programs and policies as the
committee directs. Legislative measures or
other matters may be referred to a sub-
committee for consideration in the discre-
tion of the chairman or by vote of a majority
of the committee. If the principal subject
matter of a measure or matter to be referred
falls within the jurisdiction of more than one
subcommittee, the chairman or the com-
mittee may refer the matter to two or more
subcommittees for joint consideration.
(b) Assignments.—Assignments of members
to subcommittees shall be made in an equi-
table fashion. No member of the committee
may receive assignment to a second sub-
committee until, in order of seniority, all
members of the committee have chosen as-
signments to one subcommittee, and no
member shall receive assignments to a third
subcommittee until, in order of seniority, all
members have chosen assignments to two
subcommittees.
No member of the committee may serve on
more than four subcommittees at any one
time.
The chairman and ranking member of the
committee shall be ex officio members, with-
out vote, of each subcommittee.
(c) Hearings.—Except when funds have
been specifically made available by the Sen-
ate for a subcommittee purpose, no sub-
committee of the Committee on Foreign Re-
lations shall hold hearings involving ex-
penses without prior approval of the chair-
man of the full committee or by decision of
the full committee. Hearings of subcommit-
tees shall be scheduled after consultation
with the chairman of the committee with a
view toward avoiding conflicts with hearings
of other subcommittees insofar as possible.
Hearings of subcommittees shall not be
scheduled to conflict with meetings or hear-
ings of the full committee.
The proceedings of each subcommittee
shall be governed by the rules of the full
committee, subject to such authorizations or
limitations as the committee may from time
to time prescribe.
RULE 3—MEETINGS AND HEARINGS
(a) Regular Meeting Day.—The regular
meeting day of the Committee on Foreign
Relations for the transaction of committee
business shall be on Wednesday of each week,
unless otherwise directed by the chairman.
(b) Additional Meetings and Hearings.—Ad-
ditional meetings and hearings of the com-
mittee may be called by the chairman as he
may deem necessary. If at least three mem-
bers of the committee desire that a special
meeting of the committee be called by the
chairman, those members may file in the of-
fices of the committee their written request
to the chairman for that special meeting.
Immediately upon filing of the request, the
chief clerk of the committee shall notify the
chairman of the filing of the request. If,
within three calendar days after the filing of
the request, the chairman does not call the
requested special meeting, to be held within
seven calendar days after the filing of the re-
quest, a majority of the members of the com-
mittee may file in the offices of the com-
mittee their written notice that a special
meeting of the committee will be held, speci-
fying the date and hour of that special meet-
ing. The committee shall meet on that date
and hour. Immediately upon the filing of the
notice, the clerk shall notify all members of
the committee that such special meeting
will be held and inform them of its date and
hour.
(c) Hearings, Selection of Witnesses.—To
ensure that the issue which is the subject of
the hearing is presented as fully and fairly as
possible, whenever a hearing is conducted by
the committee or a subcommittee upon any
measure or matter, the ranking member of
the committee or subcommittee may select
and call an equal number of non-govern-
mental witnesses to testify at that hearing.
(d)
Public
Announcement.—The
com-
mittee, or any subcommittee thereof, shall
make public announcement of the date,
place, time, and subject matter of any meet-
ing or hearing to be conducted on any meas-
ure or matter at least seven calendar days in
advance of such meetings or hearings, unless
the chairman of the committee, or sub-
committee, in consultation with the ranking
member, determines that there is good cause
to begin such meeting or hearing at an ear-
lier date.
(e) Procedure.—Insofar as possible, pro-
ceedings of the committee will be conducted
without resort to the formalities of par-
liamentary procedure and with due regard
for the views of all members. Issues of proce-
dure which may arise from time to time
shall be resolved by decision of the chair-
man, in consultation with the ranking mem-
ber. The chairman, in consultation with the
ranking member, may also propose special
procedures to govern the consideration of
particular matters by the committee.
(f) Closed Sessions.—Each meeting and
hearing of the Committee on Foreign Rela-
tions, or any subcommittee thereof shall be
open to the public, except that a meeting or
hearing or series of meetings or hearings by
the committee or a subcommittee on the
same subject for a period of no more than 14
calendar days may be closed to the public on
a motion made and seconded to go into
closed session to discuss only whether the
matters
enumerated
in
paragraphs
(1)
through (6) would require the meeting or
hearing to be closed followed immediately by
a record vote in open session by a majority
of the members of the committee or sub-
committee when it is determined that the
matters to be discussed or the testimony to
be taken at such meeting or hearing or series
of meetings or hearings—
(1) will disclose matters necessary to be
kept secret in the interests of national de-
fense or the confidential conduct of the for-
eign relations of the United States;
(2) will relate solely to matters of com-
mittee staff personnel or internal staff man-
agement or procedure;
(3) will tend to charge an individual with
crime or misconduct; to disgrace or injure
the professional standing of an individual, or
otherwise to expose an individual to public
contempt or obloquy, or will represent a
clearly unwarranted invasion of the privacy
of an individual;
(4) will disclose the identity of any in-
former or law enforcement agent or will dis-
close any information relating to the inves-
tigation or prosecution of a criminal offense
that is required to be kept secret in the in-
terests of effective law enforcement;
(5) will disclose information relating to the
trade secrets or financial or commercial in-
formation pertaining specifically to a given
person if—
(A) an Act of Congress requires the infor-
mation to be kept confidential by govern-
ment officers and employees; or
(B) the information has been obtained by
the government on a confidential basis,
other than through an application by such
person for a specific government financial or
other benefit, and is required to be kept se-
cret in order to prevent undue injury to the
competitive position of such person, or
(6) may divulge matters required to be
kept confidential under other provisions of
law or government regulations.
A closed meeting or hearing may be opened
by a majority vote of the committee.
(g) Staff Attendance.—A member of the
committee may have one member of his or
her personal staff, for whom that member as-
sumes personal responsibility, accompany
and be seated nearby at committee meetings
and hearings. The chairman or ranking
member may authorize the attendance and
seating of such a staff member at committee
meetings and hearings where the member of
the committee is not present.
Each member of the committee may des-
ignate members of his or her personal staff
for whom that member assumes personal re-
sponsibility, who holds, at a minimum, a top
secret security clearance, for the purpose of
their eligibility to attend closed sessions of
the committee, subject to the same condi-
tions set forth for committee staff under
Rules 12, 13, and 14.
In addition, the majority leader and the
minority leader of the Senate, if they are not
otherwise members of the committee, may
designate one member of their staff for
whom that leader assumes personal responsi-
bility and who holds, at a minimum, a top
secret security clearance, to attend closed
sessions of the committee, subject to the
same conditions set forth for committee
staff under Rules 12, 13, and 14.
Staff of other Senators who are not mem-
bers of the committee may not attend closed
sessions of the committee.
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CONGRESSIONAL RECORD — SENATE
S1808
March 25, 2021
Attendance of committee staff at meetings
and hearings shall be limited to those des-
ignated by the staff director or the minority
staff director.
The committee, by majority vote, or the
chairman, with the concurrence of the rank-
ing member, may limit staff attendance at
specified meetings or hearings.
RULE 4—QUORUMS
(a) Testimony.—For the purpose of taking
sworn or unsworn testimony at any duly
scheduled meeting a quorum of the com-
mittee and each subcommittee thereof shall
consist of one member of such committee or
subcommittee.
(b) Business.—A quorum for the trans-
action of committee or subcommittee busi-
ness, other than for reporting a measure or
recommendation to the Senate or the taking
of testimony, shall consist of one-third of
the members of the committee or sub-
committee, including at least one member
from each party.
(c) Reporting.—A majority of the member-
ship of the committee, including at least one
member from each party, shall constitute a
quorum for reporting any measure or rec-
ommendation to the Senate. No measure or
recommendation shall be ordered reported
from the committee unless a majority of the
committee members is physically present,
including at least one member from each
party, and a majority of those present con-
curs.
RULE 5—PROXIES
Proxies must be in writing with the signa-
ture of the absent member. Subject to the re-
quirements of Rule 4 for the physical pres-
ence of a quorum to report a matter, proxy
voting shall be allowed on all measures and
matters before the committee. However,
proxies shall not be voted on a measure or
matter except when the absent member has
been informed of the matter on which he is
being recorded and has affirmatively re-
quested that he or she be so recorded.
RULE 6—WITNESSES
(a) General.—The Committee on Foreign
Relations will consider requests to testify on
any matter or measure pending before the
committee.
(b) Presentation.—If the chairman so de-
termines, the oral presentation of witnesses
shall be limited to 10 minutes. However,
written statements of reasonable length may
be submitted by witnesses and other inter-
ested persons who are unable to testify in
person.
(c) Filing of Statements.—A witness ap-
pearing before the committee, or any sub-
committee thereof, shall submit an elec-
tronic copy of the written statement of his
proposed testimony at least 24 hours prior to
his appearance, unless this requirement is
waived by the chairman and the ranking
member following their determination that
there is good cause for failure to file such a
statement.
(d) Expenses.—Only the chairman may au-
thorize expenditures of funds for the ex-
penses of witnesses appearing before the
committee or its subcommittees.
(e) Requests.—Any witness called for a
hearing may submit a written request to the
chairman no later than 24 hours in advance
for his testimony to be in closed or open ses-
sion, or for any other unusual procedure. The
chairman shall determine whether to grant
any such request and shall notify the com-
mittee members of the request and of his de-
cision.
RULE 7—SUBPOENAS
(a) Authorization.—The chairman or any
other member of the committee, when au-
thorized by a majority vote of the committee
at a meeting or by proxies, shall have au-
thority to subpoena the attendance of wit-
nesses or the production of memoranda, doc-
uments, records, or any other materials. At
the request of any member of the committee,
the committee shall authorize the issuance
of a subpoena only at a meeting of the com-
mittee. When the committee authorizes a
subpoena, it may be issued upon the signa-
ture of the chairman or any other member
designated by the committee.
(b) Return.—A subpoena, or a request to an
agency, for documents may be issued whose
return shall occur at a time and place other
than that of a scheduled committee meeting.
A return on such a subpoena or request
which is incomplete or accompanied by an
objection constitutes good cause for a hear-
ing on shortened notice. Upon such a return,
the chairman or any other member des-
ignated by him may convene a hearing by
giving 4 hours notice by telephone or elec-
tronic mail to all other members. One mem-
ber shall constitute a quorum for such a
hearing. The sole purpose of such a hearing
shall be to elucidate further information
about the return and to rule on the objec-
tion.
(c) Depositions.—At the direction of the
committee, staff is authorized to take depo-
sitions from witnesses.
RULE 8—REPORTS
(a) Filing.—When the committee has or-
dered a measure or recommendation re-
ported, the report thereon shall be filed in
the Senate at the earliest practicable time.
(b) Supplemental, Minority and Additional
Views.—A member of the committee who
gives notice of his intentions to file supple-
mental, minority, or additional views at the
time of final committee approval of a meas-
ure or matter, shall be entitled to not less
than 3 calendar days in which to file such
views, in writing (including by electronic
mail), with the chief clerk of the committee,
with the 3 days to begin at 11:00 p.m. on the
same day that the committee has ordered a
measure or matter reported. Such views
shall then be included in the committee re-
port and printed in the same volume, as a
part thereof, and their inclusion shall be
noted on the cover of the report. In the ab-
sence of timely notice, the committee report
may be filed and printed immediately with-
out such views.
(c) Roll Call Votes.—The results of all roll
call votes taken in any meeting of the com-
mittee on any measure, or amendment there-
to, shall be announced in the committee re-
port. The announcement shall include a tab-
ulation of the votes cast in favor and votes
cast in opposition to each such measure and
amendment by each member of the com-
mittee.
RULE 9—TREATIES
(a) General.—The committee is the only
committee of the Senate with jurisdiction to
review and report to the Senate on treaties
submitted by the President for Senate advice
and consent to ratification. Because the
House of Representatives has no role in the
approval of treaties, the committee is there-
fore the only congressional committee with
responsibility for treaties.
(b) Committee Proceedings.—Once sub-
mitted by the President for advice and con-
sent, each treaty is referred to the com-
mittee and remains on its calendar from
Congress to Congress until the committee
takes action to report it to the Senate or
recommend its return to the President, or
until the committee is discharged of the
treaty by the Senate.
(c) Floor Proceedings.—In accordance with
Senate Rule XXX.2, treaties which have been
reported to the Senate but not acted on be-
fore the end of a Congress ‘‘shall be resumed
at the commencement of the next Congress
as if no proceedings had previously been had
thereon.’’
(d) Hearings.—Insofar as possible, the com-
mittee should conduct a public hearing on
each treaty as soon as possible after its sub-
mission by the President. Except in extraor-
dinary circumstances, treaties reported to
the Senate shall be accompanied by a writ-
ten report.
RULE 10—NOMINATIONS
(a) Waiting Requirement.—Unless other-
wise directed by the chairman and the rank-
ing member, the Committee on Foreign Re-
lations shall not consider any nomination
until 5 business days after it has been for-
mally submitted to the Senate.
(b) Public Consideration.—Nominees for
any post who are invited to appear before the
committee shall be heard in public session,
unless a majority of the committee decrees
otherwise, consistent with Rule 3(f).
(c) Required Data.—No nomination shall be
reported to the Senate unless (1) the nomi-
nee has been accorded a security clearance
on the basis of a thorough investigation by
executive branch agencies; (2) the nominee
has filed a financial disclosure report and a
related ethics undertaking with the com-
mittee; (3) the committee has been assured
that the nominee does not have any interests
which could conflict with the interests of the
government in the exercise of the nominee’s
proposed responsibilities; (4) for persons
nominated to be chief of mission, ambas-
sador-at-large, or minister, the committee
has received a complete list of any contribu-
tions made by the nominee or members of
his immediate family to any Federal elec-
tion campaign during the year of his or her
nomination and for the 4 preceding years; (5)
for persons nominated to be chiefs of mis-
sion, the report required by Section 304(a)(4)
of the Foreign Service Act of 1980 on the
demonstrated competence of that nominee
to perform the duties of the position to
which he or she has been nominated; and (6)
the nominee has provided the committee
with a signed and notarized copy of the com-
mittee questionnaire for executive branch
nominees.
RULE 11—TRAVEL
(a) Foreign Travel.—No member of the
Committee on Foreign Relations or its staff
shall travel abroad on committee business
unless specifically authorized by the chair-
man, who is required by law to approve
vouchers and report expenditures of foreign
currencies, and the ranking member. Re-
quests for authorization of such travel shall
state the purpose and, when completed, a full
substantive and financial report shall be
filed with the committee within 30 days.
This report shall be furnished to all members
of the committee and shall not be otherwise
disseminated without authorization of the
chairman and the ranking member. Except
in extraordinary circumstances, staff travel
shall not be approved unless the reporting
requirements have been fulfilled for all prior
trips. Except for travel that is strictly per-
sonal, travel funded by non-U.S. Government
sources is subject to the same approval and
substantive reporting requirements as U.S.
Government-funded
travel.
In
addition,
members and staff are reminded to consult
the Senate Code of Conduct, and, as appro-
priate, the Senate Select Committee on Eth-
ics, in the case of travel sponsored by non-
U.S. Government sources.
Any proposed travel by committee staff for
a subcommittee purpose must be approved
by the subcommittee chairman and ranking
member prior to submission of the request to
the chairman and ranking member of the full
committee.
(b) Domestic Travel.—All official travel in
the United States by the committee staff
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CONGRESSIONAL RECORD — SENATE
S1809
March 25, 2021
shall be approved in advance by the staff di-
rector, or in the case of minority staff, by
the minority staff director.
(c) Personal Staff Travel.—As a general
rule, no more than one member of the per-
sonal staff of a member of the committee
may travel with that member with the ap-
proval of the chairman and the ranking
member of the committee. During such trav-
el, the personal staff member shall be consid-
ered to be an employee of the committee.
(d) PRM Travel.—For the purposes of this
rule regarding staff foreign travel, the offi-
cially-designated personal representative of
the member pursuant to rule 14(b), shall be
deemed to have the same rights, duties, and
responsibilities as members of the staff of
the Committee on Foreign Relations.
RULE 12—TRANSCRIPTS AND MATERIALS
PROVIDED TO THE COMMITTEE
(a) General.—The Committee on Foreign
Relations shall keep verbatim transcripts of
all committee and subcommittee meetings
and hearings and such transcripts shall re-
main in the custody of the committee, unless
a majority of the committee decides other-
wise. Transcripts of public hearings by the
committee shall be published unless the
chairman, with the concurrence of the rank-
ing member, determines otherwise.
The committee, through the chief clerk,
shall also maintain at least one copy of all
materials provided to the committee by the
Executive Branch; such copy shall remain in
the custody of the committee and be subject
to the committee’s rules and procedures, in-
cluding those rules and procedures applica-
ble to the handling of classified materials.
Such transcripts and materials shall be
made available to all members of the com-
mittee, committee staff, and designated per-
sonal representatives of members of the
committee, except as otherwise provided in
these rules.
(b) Classified or Restricted Transcripts or
Materials.—
(1) The chief clerk of the committee shall
have responsibility for the maintenance and
security of classified or restricted tran-
scripts or materials, and shall ensure that
such transcripts or materials are handled in
a manner consistent with the requirements
of the United States Senate Security Man-
ual.
(2) A record shall be maintained of each
use of classified or restricted transcripts or
materials as required by the Senate Security
Manual.
(3) Classified transcripts or materials may
not leave the committee offices, or SVC–217
of the Capitol Visitors Center, except for the
purpose of declassification or archiving, con-
sistent with these rules.
(4) Extreme care shall be exercised to avoid
taking notes or quotes from classified tran-
scripts or materials. Their contents may not
be divulged to any unauthorized person.
(5) Subject to any additional restrictions
imposed by the chairman with the concur-
rence of the ranking member, only the fol-
lowing persons are authorized to have access
to classified or restricted transcripts or ma-
terials:
(A) Members and staff of the committee in
the committee offices or in SVC–217 of the
Capitol Visitors Center;
(B) Designated personal representatives of
members of the committee, and of the ma-
jority and minority leaders, with appropriate
security clearances, in the committee offices
or in SVC–217 of the Capitol Visitors Center;
(C) Senators not members of the com-
mittee, by permission of the chairman, in
the committee offices or in SVC–217 of the
Capitol Visitors Center; and
(D) Officials of the executive departments
involved in the meeting, hearing, or matter,
with authorization of the chairman, in the
committee offices or SVC–217 of the Capitol
Visitors Center.
(6) Any restrictions imposed by the com-
mittee upon access to a meeting or hearing
of the committee shall also apply to the
transcript of such meeting, except by special
permission of the chairman and ranking
member.
(7) In addition to restrictions resulting
from the inclusion of any classified informa-
tion in the transcript of a committee meet-
ing or hearing, members and staff shall not
discuss with anyone the proceedings of the
committee in closed session or reveal infor-
mation conveyed or discussed in such a ses-
sion unless that person would have been per-
mitted to attend the session itself or is a
member or staff of a relevant committee or
executive branch agency and possess an ap-
propriate security clearance, or unless such
communication is specifically authorized by
the chairman, the ranking member, or in the
case of staff, by the staff director or minor-
ity staff director. A record shall be kept of
all such authorizations.
(c) Declassification.—
(1) All noncurrent records of the com-
mittee are governed by Rule XI of the Stand-
ing Rules of the Senate and by S. Res. 474
(96th Congress). Any classified transcripts or
materials transferred to the National Ar-
chives and Records Administration under
Rule XI may not be made available for pub-
lic use unless they have been subject to de-
classification review in accordance with ap-
plicable laws or Executive orders.
(2) Any transcript or classified committee
report, or any portion thereof, may be de-
classified, in accordance with applicable laws
or Executive orders, sooner than the time pe-
riod provided for under S. Res. 474 if:
(A) the chairman originates such action,
with the concurrence of the ranking mem-
ber;
(B) the other current members of the com-
mittee who participated in such meeting or
report have been notified of the proposed de-
classification, and have not objected thereto,
except that the committee by majority vote
may overrule any objections thereby raised
to early declassification; and
(C) the executive departments that partici-
pated in the meeting or originated the classi-
fied information have been consulted regard-
ing the declassification.
RULE 13—CLASSIFIED INFORMATION
(a) General.—The handling of classified in-
formation in the Senate is governed by S.
Res. 243 (100th Congress), which established
the Office of Senate Security. All handling of
classified information by the committee
shall be consistent with the procedures set
forth in the United States Senate Security
Manual issued by the Office of Senate Secu-
rity.
(b) Security Manager.—The chief clerk is
the security manager for the committee. The
chief clerk shall be responsible for imple-
menting the provisions of the Senate Secu-
rity Manual and for serving as the com-
mittee liaison to the Office of Senate Secu-
rity. The staff director, in consultation with
the minority staff director, may appoint an
alternate security manager as circumstances
warrant.
(c) Transportation of Classified Material.—
Classified material may only be transported
between Senate offices by appropriately
cleared staff members who have been specifi-
cally authorized to do so by the security
manager.
(d) Access to Classified Material.—In gen-
eral, Senators and staff undertake to confine
their access to classified information on the
basis of a ‘‘need to know’’ such information
related to their committee responsibilities.
(e) Staff Clearances.—The chairman, or, in
the case of minority staff, the ranking mem-
ber, shall designate the members of the com-
mittee staff whose assignments require ac-
cess to classified and compartmented infor-
mation and shall seek to obtain the requisite
security clearances pursuant to Office of
Senate Security procedures.
(f) PRM Clearances.—For the purposes of
this rule regarding security clearances and
access to compartmented information, the
officially-designated personal representative
of the member (PRM) pursuant to rule 14(b),
shall be deemed to have the same rights, du-
ties, and responsibilities as members of the
staff of the Committee on Foreign Relations.
(g) Regulations.—The staff director is au-
thorized to make such administrative regu-
lations as may be necessary to carry out the
provisions of this rule.
RULE 14—STAFF
(a) Responsibilities.—
(1) The staff works for the committee as a
whole, under the general supervision of the
chairman of the committee, and the imme-
diate direction of the staff director, except
that such part of the staff as is designated
minority staff shall be under the general su-
pervision of the ranking member and under
the immediate direction of the minority
staff director.
(2) Any member of the committee should
feel free to call upon the staff at any time
for assistance in connection with committee
business. Members of the Senate not mem-
bers of the committee who call upon the
staff for assistance from time to time should
be given assistance subject to the overriding
responsibility of the staff to the committee.
(3) The staff’s primary responsibility is
with respect to bills, resolutions, treaties,
and nominations and other matters within
the jurisdiction of the committee. In addi-
tion to carrying out assignments from the
committee and its individual members, the
staff has a responsibility to originate sugges-
tions for committee or subcommittee consid-
eration. The staff also has a responsibility to
make suggestions to individual members re-
garding matters of special interest to such
members.
(4) It is part of the staff’s duty to keep
itself as well informed as possible in regard
to developments affecting foreign relations
and national security and in regard to the
administration of foreign programs of the
United States. Significant trends or develop-
ments which might otherwise escape notice
should be called to the attention of the com-
mittee, or of individual Senators with par-
ticular interests.
(5) The staff shall pay due regard to the
constitutional separation of powers between
the Senate and the executive branch. It
therefore has a responsibility to help the
committee bring to bear an independent, ob-
jective judgment of proposals by the execu-
tive branch and when appropriate to origi-
nate sound proposals of its own. At the same
time, the staff shall avoid impinging upon
the day-to-day conduct of foreign affairs.
(6) In those instances when committee ac-
tion requires the expression of minority
views, the staff shall assist the minority as
fully as the majority to the end that all
points of view may be fully considered by
members of the committee and of the Sen-
ate. The staff shall bear in mind that under
our constitutional system it is the responsi-
bility of the elected members of the Senate
to determine legislative issues in the light of
as full and fair a presentation of the facts as
the staff may be able to obtain.
(b) Personal Representatives of the Mem-
ber (PRM).—Each Senator on the committee
shall be authorized to designate one personal
staff member as the member’s personal rep-
resentative of the member and designee to
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CONGRESSIONAL RECORD — SENATE
S1810
March 25, 2021
the committee (PRM) that shall be deemed
to have the same rights, duties, and respon-
sibilities as members of the staff of the Com-
mittee on Foreign Relations where specifi-
cally provided for in these rules.
(c) Restrictions.—
(1) The staff shall regard its relationship to
the committee as a privileged one, in the na-
ture of the relationship of a lawyer to a cli-
ent. In order to protect this relationship and
the mutual confidence which must prevail if
the committee-staff relationship is to be a
satisfactory and fruitful one, the following
criteria shall apply, unless staff has con-
sulted with and obtained, as appropriate, the
approval of the Senate Ethics Committee
and advance permission from the staff direc-
tor (or the minority staff director in the case
of minority staff):
(A) members of the staff shall not be iden-
tified with any special interest group in the
field of foreign relations or allow their
names to be used by any such group; and
(B) members of the staff shall not accept
public speaking engagements or write for
publication in the field of foreign relations.
(2) The staff shall not discuss their private
conversations with members of the com-
mittee without specific advance permission
from the Senator or Senators concerned.
(3) The staff shall not discuss with anyone
the proceedings of the committee in closed
session or reveal information conveyed or
discussed in such a session unless that per-
son would have been permitted to attend the
session itself or is a member or staff of a rel-
evant committee or executive branch agency
and possesses an appropriate security clear-
ance, or unless such communication is spe-
cifically authorized by the staff director or
minority staff director. Unauthorized disclo-
sure of information from a closed session or
of classified information shall be cause for
immediate dismissal and may, in certain
cases, be grounds for criminal prosecution.
RULE 15—STATUS AND AMENDMENT OF RULES
(a) Status.—In addition to the foregoing,
the Committee on Foreign Relations is gov-
erned by the Standing Rules of the Senate,
which shall take precedence in the event of
a clear inconsistency. In addition, the juris-
diction and responsibilities of the committee
with respect to certain matters, as well as
the timing and procedure for their consider-
ation in committee, may be governed by
statute.
(b)
Amendment.—These
rules
may
be
modified, amended, or repealed by a major-
ity of the committee, provided that a notice
in writing (including by electronic mail) of
the proposed change has been given to each
member at least 72 hours prior to the meet-
ing at which action thereon is to be taken.
However, rules of the committee which are
based upon Senate rules may not be super-
seded by committee vote alone.
f
TRIBUTE TO JOE HACK
Mrs. FISCHER. Mr. President, every
Senator depends on their staff to pro-
vide them with information and advice
on the issues. Every Senator knows the
importance of having good staff who
can respond to the questions and con-
cerns their constituents may have in
dealing with the Federal bureaucracy.
And every Senator believes that their
staff members are the most prepared,
the most conscientious, and the most
caring people in the U.S. Senate.
I know that my staff is. I have been
fortunate with the people who have
joined my team to work for the great
State of Nebraska. I have been ex-
tremely fortunate that Joe Hack has
been a member of Team Fischer since
my very first day as a U.S. Senator.
Joe officially joined my team as my
communications director on that first
day. He was not new to the Senate; he
had first arrived here as an 18-year-old
intern. On our first day in 2013, he im-
mediately got to work with his new
boss in getting out press releases,
reaching out to State and national
media, and helping me continue my
practice of writing a weekly column
for media back home.
Joe never missed a beat. He helped
guide me through the traditions and
inner workings of the Senate and
through the tunnels of the Russell
Building.
After 2 years, Joe Hack became my
chief of staff, the youngest chief in the
Senate at that time. Joe set the tone I
wanted for my office: Be professional,
take your job seriously, be honest, get
along with your colleagues, always re-
spond to constituents, gather all the
information we need on an issue and
then get more, and work hard. Joe’s
closing to every email and every staff
meeting was always, ‘‘Work harder.’’
And he set the example for all of these.
Joe was involved in every major
piece of legislation we have accom-
plished, from passing the first-ever
paid family leave law to the FAST Act,
our
Internet
of
Things
work,
broadband, infrastructure, and agri-
culture issues. He guided the Omaha
VA clinic from inception to comple-
tion, and he will see the Lincoln VA
clinic open and the Offutt Air Force
Base runway completely rebuilt. He
knew the importance of securing fund-
ing for Nebraska highway and water
projects and for the continued growth
of our university system. He was part
of every success.
Joe knows Nebraska, and Nebraskans
know Joe. He knew instinctively that
the people of our State are why we do
this work. We represent them. Joe has
attended statehood dinners in our Cap-
itol Rotunda, driven a combine in
Grand Island, had meals at Ole’s Big
Game Bar, and gone to Husker tail-
gates and games. He loves browsing at
Cabela’s and a good meal at Rosita’s.
He knows which Nebraska hotels have
the best gym, where every Runza drive-
thru is located in the State, and where
to find the best steaks. He has shared
BBQ at our ranch with family, neigh-
bors and the U.S. Secretary of Ag. He
is also addicted to Colby Ridge popcorn
balls. He buys them in bulk, and he
doesn’t share.
He has attended countless Nebraska
breakfasts and constituent meetings in
Washington. He has worked hard for
the people of Nebraska.
Joe has traveled the vastness of our
State, understanding its diversity and
standing in awe while viewing our
skies, sunrises and sunsets, our clouds,
and the majesty of our night stars. He
fell in love with ‘‘The Good Life’’. A
New Jersey guy became a Nebraskan.
Joe has been by my side since my
very first day in the Senate, and now,
he is moving on to new opportunities.
He has been a mentor to many, my
trusted policy and political adviser,
and a leader whose admonition to
‘‘work
harder’’
became
our
office
mantra. Joe has smoothed the waters
and ruffled feathers.
Joe Hack is a friend. He is family. I
wish him only the best as he meets new
challenges and faces new adventures in
his life.
Thank you, Joe.
f
ADDITIONAL STATEMENTS
TRIBUTE TO CELEA POITRA AND
GAHGE WHITEMANRUNSHIM
∑Mr. DAINES. Mr. President, this
week, I have the honor of recognizing
Celea
Poitra
and
Gahge
Whitemanrunshim of Big Horn County
for courageously stepping up to help
others in the face of danger. They ex-
hibit strong Montana values, and their
dedication to helping others is admi-
rable.
Celea and Gahge were in their grand-
mother’s pickup truck heading to a
dental appointment on Saturday, Feb-
ruary 27, 2021, when they witnessed
devastating 30–vehicle pileup on the
Yellowstone River Bridge outside Bil-
lings, MT. Dozens of vehicles crashed
into each other on the icy interstate
highway bridge. After their truck came
to a stop, Celea and Gahge saw a vehi-
cle with a mother and two kids hang-
ing partially off the guardrail of the
bridge. Celea and Gahge did not hesi-
tate to step in and help. However, the
impact from other vehicles hitting the
pile-up knocked both of them off of the
bridge, and they fell to the ground
about 60 feet below.
They sustained serious injuries when
they fell and are recovering in Billings’
hospital. Celea was treated for a bro-
ken back, lacerated kidney, and other
injuries. She was in an intensive care
unit and is expected to need multiple
surgeries. Gahge suffered a fractured
neck, punctured lung, and other inju-
ries. Their grandmother and guardian,
Joan, stated that it is very much in her
children’s nature to go out of their way
to help someone.
It is my distinct honor to recognize
Celea and Gahge for demonstrating
such bravery to help others in need and
I pray for their swift recovery. Their
selflessness serves as an inspiration to
all Montanans. ∑
f
REMEMBERING MARLENE BANE
∑Mr. PADILLA. Mr. President, today I
rise to recognize the life of Ms. Mar-
lene Bane.
Marlene answered the highest calling
of dedication to her country, her State,
and her local community. Along with
her husband, Assemblyman Tom Bane,
she carved out a unique niche in State
government through a blend of intel-
ligence, soft-spoken charm, organiza-
tion, and, most of all, dear friends and
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CONGRESSIONAL RECORD — SENATE
S1811
March 25, 2021
relatives. She spent a lifetime engaged
in political consulting and nonprofit
projects such as lupus research and the
Jewish Home for the Aging.
Marlene worked tirelessly to improve
California and serve those most in
need. She was also well known and
loved throughout L.A.’s Jewish com-
munity for her civic activism and sup-
port for Israel.
Marlene was renowned for mentoring
an amazing number of our political
leaders on how to serve constituents
with honor and commitment. Up to the
last week of her life, she threw herself
into the cause of supporting can-
didates. She believed in the command-
ment of Tikkun Olam, that she must
leave the world better than she found
it. It is undeniable that she left those
who knew her better off for having
known her.∑
f
REMEMBERING ANTONIO
GONZALEZ
∑Mr.
PADILLA.
Mr.
President,
I
would like to include in the RECORD
the following obituary for Mr. Antonio
Gonzalez, written by his children.
The material follows:
Beloved Antonio Gonzalez made his transi-
tion the night of December 30, 2020. Born in
Calera in the state of Zacatecas, Mexico on
March 30, 1964, he was the eldest of four chil-
dren born to Antonio Gonzalez and Antonia
Del Villar. The Gonzalez family spent their
early years living with Antonio’s maternal
grandparents in a small town in Calera. An-
tonio shared fond memories of times spent
on his grandparent’s abundant ranch. He de-
scribed what seemed to him an endless land-
scape of rolling hills, trees, livestock and
horses (his favorite).
Hard times fell on the young family around
the time Antonio turned eight. A sudden re-
gime change resulted in his dad losing his
job, forcing them to set their sights ‘‘north’’
in search for work and a better life. Their
trek north ended in what was (at the time) a
small dusty town just south of the California
border. It was there, in Tecate, BC where he
and his three siblings, Antonio (Tony Chico),
Margarita and Maria de la Luz were raised
and attended school. But, with a lack of good
paying jobs, times remained tough in Tecate.
Antonio
recalled
working
odd-end
jobs
throughout his childhood and adolescence; a
shoe shiner, sweeper—anything to help en-
sure that there was food on the table.
As a young adult, Antonio set his sights on
completing the journey north—to the U.S. In
1971,
shortly
after
marrying
Florentina
‘‘Nina’’ Herrera, he made his way to Los An-
geles. They settled in the San Fernando Val-
ley—a sleepy suburb of LA at the height of
rock and roll, disco, and bell bottoms.
Antonio
worked
just
about
anywhere
where hard work was needed—maintenance
work at a convalescent hospital, land-
scaping, you name it. But his fate would
change when he landed a job at a large con-
struction company. I’m not sure what it was
about ‘‘construction’’ that he loved. Perhaps
it was the job stability or the early start to
the day where he could greet the sunrise on
his drive into downtown. Or maybe it was
the art of building—the satisfaction of erect-
ing a structure where only a plot of land ex-
isted—a tangible outcome only accomplished
by hard work and sweat. Over the years, he
had become somewhat of an infrastructure
historian, recalling with such clarity the
buildings he helped build and rehabilitate in
the San Fernando Valley, Downtown LA,
Santa Monica, and Malibu.
He dedicated most of his life to erecting
buildings and homes, whether for work or
building homes for his family both in the
San Fernando Valley and in Tecate, BC. An-
tonio built his family home, simple and un-
pretentious yet on a solid foundation with
strong bones. In fact, as time would prove,
there’s nowhere else his family would prefer
to be in an earthquake but under the protec-
tion of those strong beams hammered to-
gether with pride and affection. Even in his
retirement years, Antonio never stopped
building.
Antonio was a great provider for his fam-
ily. Through his hard work and dedication,
he showed his children that the true Amer-
ican dream could be achieved—of buying a
home, raising a family and ensuring a better
future for the next generation.
He is survived by his wife, ‘‘Nina’’, son
David, daughter Maria Ines and son-in-law
Jose, daughter Sandra and son-in law James,
son Cristian and grandchildren Javier, Si-
enna and Julian. Siblings Antonio, Mar-
garita and Maria de la Luz and many loving
cousins, nieces and nephews. He was pre-
ceded in death by his father Antonio Gon-
zalez and mother, Antonia Gonzalez Del
Villar.∑
f
REMEMBERING JOE ‘‘PINOY’’
LOZANO
∑Mr. PADILLA. Mr. President, I rise
to recognize the life of Mr. Joe Lozano.
Joe ‘‘Pinoy’’ Lozano was born on De-
cember 26, 1934, in Pacoima, CA, as one
of 10 children. Joe had every job you
can imagine. He shined shoes and
worked in the fields as a young boy. He
joined the U.S. Marine Corp in 1954 and
served during the Korean war as an in-
fantryman.
After the service, he married the love
of his life, Virginia. They were married
for 60 years and had 6 children, 21
grandchildren, 26 great-grandchildren,
and 1 great-great-grandchild.
Joe was a community-oriented per-
son. After his family, his community
came first. He painted over graffiti, he
helped beautify the streets, and he
even mowed the grass on the center di-
vider of his street when the city was
too busy to do it.
Joe worked as a prop maker for the
studios for many years. He had tons of
stories, and he loved his job. He re-
tired, went back to work, and only
stopped again to care for his wife when
she became ill.
Since 2004, Joe worked with the an-
nual San Fernando Valley Veterans
Day Parade organizing committee so
that Veterans could be honored on Vet-
erans Day.
He will be missed by many.∑
f
RECOGNIZING VERMONT MEALS
ON WHEELS
∑Mr. SANDERS. Mr. President, I
would like to take a moment to recog-
nize
the
extraordinary
work
of
Vermont’s Meals on Wheels Programs.
Each March, we celebrate March for
Meals to draw attention to the incred-
ible work of Meals on Wheel through-
out the country, including in my home
State of Vermont. All across our State,
hundreds of volunteers regularly de-
liver freshly cooked, nutritious meals
to thousands of older people in their
homes, many of whom otherwise might
not have enough to eat. These volun-
teers play a critically important role
in
helping
ensure
that
older
Vermonters have access to adequate
nutrition. In and of itself, that is no
small matter.
In a typical year, Meals on Wheels
volunteers do so much more than deliv-
ering meals. These volunteers provide
critical social interaction for the peo-
ple they visit, which goes a long way to
combat the effects of isolation that
many Vermonters face, especially in
rural areas. Without this social inter-
action, seniors are more likely to have
feelings of loneliness and depression,
which puts them at higher risk for de-
mentia, chronic disease, falls, and hos-
pitalization. Their regular visits serve
another purpose as well. The volun-
teers know each person they visit and
recognize immediately if something
does not seem right. It is no exaggera-
tion to say that volunteers have lit-
erally saved Vermonters’ lives by fol-
lowing up when no one answers the
door, taking the time to discover that
someone had fallen and been injured.
During the COVID–19 pandemic, vol-
unteers—both
new
and
existing—
stepped up to deliver over 1 million
meals to over 7,500 Vermonters. This
represents a 30-percent increase in the
number of meals and almost a 20-per-
cent increase in the number of people
receiving meals through this vital Fed-
eral program. At a time when so many
Vermonters struggled with the dual
hardship of loneliness and hunger cause
by the COVID–19 pandemic, Meals on
Wheels served as a critical lifeline.
In addition to the many Meals on
Wheels
volunteers
throughout
Vermont, I also want to recognize and
thank the caring and dedicated profes-
sionals who run Vermont’s Meals on
Wheel Programs. From the chefs who
prepare the nutritious meals with skill
and care, to the program staff who en-
sure that everything runs smoothly,
these Vermonters are the backbone of
what makes Meals on Wheels the suc-
cess that it is. In March, when so much
of our State shut down due to the pan-
demic, these dedicated people imme-
diately pivoted to expand Meals on
Wheels and ensure that any older
Vermonter who wanted a meal could
get one. This was particularly impor-
tant for all those who had previously
relied on congregate meal programs,
which were unsafe during the pan-
demic.
Together, every single Meals on
Wheels volunteer and staff person
forms an indispensable link in our so-
cial safety net and has my sincere ap-
preciation for their remarkable work.
As more and more Vermonters are now
vaccinated and the State begins a care-
ful reopening, following the science
and ensuring the safety of all our peo-
ple, I look forward to a day when I and
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CONGRESSIONAL RECORD — SENATE
S1812
March 25, 2021
my Vermont staff can once again visit
the Meals on Wheels Program and meet
the volunteers and recipients in per-
son.∑
f
MESSAGES FROM THE PRESIDENT
Messages from the President of the
United States were communicated to
the Senate by Ms. Roberts, one of his
secretaries.
f
EXECUTIVE MESSAGES REFERRED
As in executive session the Presiding
Officer laid before the Senate messages
from the President of the United
States submitting sundry nominations
and a withdrawal which were referred
to the appropriate committees.
(The messages received today are
printed at the end of the Senate
proceedings.)
f
MEASURES DISCHARGED PETITION
We, the undersigned Senators, in accord-
ance with chapter 8 of title 5, United States
Code, hereby direct that the Senate Com-
mittee on Health, Education, Labor and Pen-
sions be discharged of further consideration
of S.J. Res. 13, a joint resolution providing
for congressional disapproval of the rule sub-
mitted by the Equal Employment Oppor-
tunity Commission relating to ‘‘Update of
Commission’s Conciliation Procedures’’, and,
further, that the resolution be immediately
placed upon the Legislative Calendar under
General Orders.
Jacky Rosen, Alex Padilla, Ron Wyden,
Tammy Baldwin, Richard Durbin, Mar-
garet Wood Hassan, Sherrod Brown,
Robert
P.
Casey,
Jr.,
Richard
Blumenthal, Robert Menendez, Patty
Murray, Debbie Stabenow, Benjamin L.
Cardin, Brian Schatz, Christopher A.
Coons, Jeff Merkley, Jack Reed, Chris
Van Hollen, Tammy Duckworth, Mazie
K. Hirono, Amy Klobuchar, Patrick J.
Leahy, Elizabeth Warren, Charles E.
Schumer, Sheldon Whitehouse, Tina
Smith, Cory A. Booker, Bernard Sand-
ers, John W. Hickenlooper, Ben Ray
Luja´n.
f
MEASURES DISCHARGED
The following joint resolution was
discharged from the Committee on
Health, Education, Labor, and Pen-
sions, by petition, pursuant to 5 U.S.C.
802(c), and placed on the calendar:
S.J. Res. 13. Joint resolution providing for
congressional disapproval under chapter 8 of
title 5, United States Code, of the rule sub-
mitted by the Equal Employment Oppor-
tunity Commission relating to ‘‘Update of
Commission’s Conciliation Procedures’’.
f
MEASURES PLACED ON THE
CALENDAR
The following bills were read the sec-
ond time, and placed on the calendar:
S. 963. A bill to authorize dedicated domes-
tic terrorism offices within the Department
of Homeland Security, the Department of
Justice, and the Federal Bureau of Investiga-
tion to analyze and monitor domestic ter-
rorist activity and require the Federal Gov-
ernment to take steps to prevent domestic
terrorism, and for other purposes.
H.R. 1868. An act to prevent across-the-
board direct spending cuts, and for other
purposes.
f
EXECUTIVE AND OTHER
COMMUNICATIONS
The following communications were
laid before the Senate, together with
accompanying papers, reports, and doc-
uments, and were referred as indicated:
EC–651. A communication from the Asso-
ciate General Counsel for Legislation and
Regulations, Office of General Counsel, De-
partment of Housing and Urban Develop-
ment, transmitting, pursuant to law, the re-
port of a rule entitled ‘‘Adjustment of Civil
Monetary
Penalty
Amounts
for
2021’’
(RIN2501–AD97) received in the Office of the
President of the Senate on March 23, 2021; to
the Committee on Banking, Housing, and
Urban Affairs.
EC–652. A communication from the Con-
gressional Assistant, Board of Governors of
the Federal Reserve System, transmitting,
pursuant to law, the report of a rule entitled
‘‘Netting Eligibility for Financial Institu-
tions’’ (RIN7100–AF48) received in the Office
of the President of the Senate on March 23,
2021; to the Committee on Banking, Housing,
and Urban Affairs.
EC–653. A communication from the Wild-
life Biologist, Fish and Wildlife Service, De-
partment of the Interior, transmitting, pur-
suant to law, the report of a rule entitled
‘‘Regulations Governing the Take of Migra-
tory Birds; Delay of the Effective Date’’
(RIN1018–BD76) received in the Office of the
President of the Senate on March 23, 2021; to
the Committee on Environment and Public
Works.
EC–654. A communication from the Direc-
tor of the Regulatory Management Division,
Environmental Protection Agency, transmit-
ting, pursuant to law, the report of a rule en-
titled ‘‘Air Plan Approval; Arkansas; Arkan-
sas Regional Haze and Visibility Transport
State Implementation Plan Revisions’’ (FRL
No. 10019–63–Region 6) received in the Office
of the President of the Senate on March 23,
2021; to the Committee on Environment and
Public Works.
EC–655. A communication from the Direc-
tor of the Regulatory Management Division,
Environmental Protection Agency, transmit-
ting, pursuant to law, the report of a rule en-
titled ‘‘Air Plan Approval; Michigan; Partial
Approval and Partial Disapproval of the De-
troit SO2 Nonattainment Area Plan’’ (FRL
No. 10021–50–Region 5) received in the Office
of the President of the Senate on March 23,
2021; to the Committee on Environment and
Public Works.
EC–656. A communication from the Direc-
tor of the Regulatory Management Division,
Environmental Protection Agency, transmit-
ting, pursuant to law, the report of a rule en-
titled ‘‘Air Plan Approval; Pennsylvania;
1997 8-hour Ozone NAAQS Second Mainte-
nance Plan for the Centre County (State Col-
lege) Area’’ (FRL No. 10021–28–Region 3) re-
ceived in the Office of the President of the
Senate on March 23, 2021; to the Committee
on Environment and Public Works.
EC–657. A communication from the Direc-
tor of the Regulatory Management Division,
Environmental Protection Agency, transmit-
ting, pursuant to law, the report of a rule en-
titled ‘‘Air Plan Approval; Wisconsin; Par-
tial Approval and Partial Disapproval of the
Rhinelander SO2 Nonattainment Area Plan’’
(FRL No. 10021–23–Region 5) received in the
Office of the President of the Senate on
March 23, 2021; to the Committee on Environ-
ment and Public Works.
EC–658. A communication from the Direc-
tor of the Regulatory Management Division,
Environmental Protection Agency, transmit-
ting, pursuant to law, the report of a rule en-
titled ‘‘Approval and Promulgation of Imple-
mentation Plans; Designation of Area for Air
Quality
Planning
Purposes;
California;
South Coast Moderate Area Plan and Reclas-
sification as Serious Nonattainment for the
2012 PM2.5 NAAQS; Correcting Amendment’’
(FRL No. 10019–97–Region 9) received in the
Office of the President of the Senate on
March 23, 2021; to the Committee on Environ-
ment and Public Works.
EC–659. A communication from the Direc-
tor of the Regulatory Management Division,
Environmental Protection Agency, transmit-
ting, pursuant to law, the report of a rule en-
titled ‘‘Test Methods and Performance Spec-
ifications for Air Emission Sources; Correc-
tion’’ (FRL No. 10018–97–OAR) received in the
Office of the President of the Senate on
March 23, 2021; to the Committee on Environ-
ment and Public Works.
EC–660. A communication from the Direc-
tor of the Regulatory Management Division,
Environmental Protection Agency, transmit-
ting, pursuant to law, the report of a rule en-
titled ‘‘Air Plan Approval; Arkansas; Arkan-
sas Regional Haze and Visibility Transport
State Implementation Plan Revisions’’ (FRL
No. 10019–63–Region 6) received in the Office
of the President of the Senate on March 23,
2021; to the Committee on Environment and
Public Works.
EC–661. A communication from the Sec-
retary of the Army, transmitting, pursuant
to law, a report entitled ‘‘Annual Report to
Congress on the Activities of the Western
Hemisphere Institute for Security Coopera-
tion (WHINSEC) for fiscal year 2019’’; to the
Committee on Foreign Relations.
EC–662. A communication from the Senior
Director of Government Affairs and Cor-
porate Communications, National Railroad
Passenger Corporation, Amtrak, transmit-
ting, pursuant to law, other materials re-
quired to accompany Amtrak’s Grant and
Legislative Report for fiscal year 2021; to the
Committee
on
Commerce,
Science,
and
Transportation.
f
REPORTS OF COMMITTEES
The following reports of committees
were submitted:
By Mr. MENENDEZ, from the Committee
on Foreign Relations, without amendment
and with a preamble:
S. Res. 114. A resolution commending the
United States African Development Founda-
tion on the occasion of its 40th anniversary
for creating pathways to prosperity for un-
derserved communities on the African con-
tinent through community-led development.
f
EXECUTIVE REPORTS OF
COMMITTEES
The following executive reports of
nominations were submitted:
By Ms. CANTWELL for the Committee on
Commerce, Science, and Transportation.
* Polly Ellen Trottenberg, of New York, to
be Deputy Secretary of Transportation.
* Coast Guard nomination of Jerry L.
Smith, to be Commander.
By Mr. DURBIN for the Committee on the
Judiciary.
Lisa O. Monaco, of the District of Colum-
bia, to be Deputy Attorney General.
* Nomination was reported with rec-
ommendation that it be confirmed sub-
ject to the nominee’s commitment to
respond to requests to appear and tes-
tify before any duly constituted com-
mittee of the Senate.
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CONGRESSIONAL RECORD — SENATE
S1813
March 25, 2021
(Nominations without an asterisk
were reported with the recommenda-
tion that they be confirmed.)
f
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and joint resolu-
tions were introduced, read the first
and second times by unanimous con-
sent, and referred as indicated:
By Mr. MARKEY:
S. 965. A bill to establish a voluntary pro-
gram to identify and promote internet-con-
nected products that meet industry-leading
cybersecurity and data security standards,
guidelines, best practices, methodologies,
procedures, and processes, and for other pur-
poses; to the Committee on Commerce,
Science, and Transportation.
By Mr. MARKEY (for himself, Mr.
BLUMENTHAL,
Mr.
BOOKER,
Mr.
CARDIN, Mr. DURBIN, Mrs. FEINSTEIN,
Mrs. GILLIBRAND, Mr. HEINRICH, Ms.
HIRONO, Mr. KING, Ms. KLOBUCHAR,
Mr. LEAHY, Mr. MERKLEY, Mr. MUR-
PHY, Ms. ROSEN, Mr. SANDERS, Ms.
SMITH, Ms. STABENOW, Mr. VAN HOL-
LEN, Ms. WARREN, and Mr. WYDEN):
S. 966. A bill to require the Administrator
of the National Oceanic and Atmospheric Ad-
ministration to establish a Climate Change
Education Program, and for other purposes;
to the Committee on Commerce, Science,
and Transportation.
By
Mr.
BLUNT
(for
himself,
Ms.
HIRONO, Ms. COLLINS, Ms. KLOBUCHAR,
Ms.
MURKOWSKI,
and
Ms.
DUCKWORTH):
S. 967. A bill to provide for the automatic
acquisition of United States citizenship for
certain internationally adopted individuals,
and for other purposes; to the Committee on
the Judiciary.
By Mr. COTTON:
S. 968. A bill to prohibit the United States
Armed Forces from promoting anti-Amer-
ican and racist theories; to the Committee
on Armed Services.
By Mr. PAUL:
S. 969. A bill to establish Federal Regu-
latory Review Commissions, and for other
purposes; to the Committee on Homeland Se-
curity and Governmental Affairs.
By Mr. PAUL:
S. 970. A bill to reduce the backlog of for-
eign nationals seeking employment-based
visas, and for other purposes; to the Com-
mittee on the Judiciary.
By Mr. MARKEY (for himself, Mr.
SASSE, Mr. BLUNT, Mr. SCHATZ, Ms.
COLLINS, and Mr. BENNET):
S. 971. A bill to amend the Public Health
Service Act to authorize a program on chil-
dren and the media within the National In-
stitute of Health to study the health and de-
velopmental effects of technology on infants,
children, and adolescents; to the Committee
on Health, Education, Labor, and Pensions.
By Mr. MARKEY (for himself and Ms.
WARREN):
S. 972. A bill to reauthorize the Essex Na-
tional Heritage Area, and for other purposes;
to the Committee on Energy and Natural Re-
sources.
By Ms. LUMMIS (for herself, Mr. BAR-
RASSO, Mr. CRAPO, Mr. DAINES, and
Mr. RISCH):
S. 973. A bill to direct the Secretary of the
Interior to reissue a final rule relating to re-
moving the Greater Yellowstone Ecosystem
population of grizzly bears from the Federal
list of endangered and threatened wildlife,
and for other purposes; to the Committee on
Environment and Public Works.
By Mr. MENENDEZ (for himself, Mr.
MARKEY,
Mr.
DURBIN,
Mr.
BLUMENTHAL, Mr. MURPHY, Mr. BOOK-
ER, Mr. REED, and Mrs. GILLIBRAND):
S. 974. A bill to repeal certain impediments
to the administration of firearms laws; to
the Committee on the Judiciary.
By Mr. CARPER (for himself, Mr.
BURR, Ms. CORTEZ MASTO, and Ms.
STABENOW):
S. 975. A bill to amend the Internal Rev-
enue Code of 1986 to extend and modify the
credit for alternative fuel vehicle refueling
property; to the Committee on Finance.
By Mr. TESTER (for himself and Mr.
BOOZMAN):
S. 976. A bill to amend title 38, United
States Code, to improve and to expand eligi-
bility for dependency and indemnity com-
pensation paid to certain survivors of certain
veterans, and for other purposes; to the Com-
mittee on Veterans’ Affairs.
By Mr. GRASSLEY (for himself, Ms.
KLOBUCHAR,
Mr.
LEE,
and
Mr.
LEAHY):
S. 977. A bill to amend the Sherman Act to
make oil-producing and exporting cartels il-
legal; to the Committee on the Judiciary.
By
Ms.
SMITH
(for
herself,
Mr.
HOEVEN, Ms. SINEMA, Mr. BOOZMAN,
Mrs. CAPITO, Mr. SCHATZ, Mr. COR-
NYN, Mr. KELLY, Mr. CRAMER, Ms.
HIRONO, Mr. DAINES, Ms. KLOBUCHAR,
Ms. ERNST, Mr. TESTER, Mr. INHOFE,
Mr. PETERS, Mr. MORAN, Mr. ROUNDS,
Mr. SCOTT
of South Carolina, Mr.
TILLIS, Mr. MARSHALL, and Ms. BALD-
WIN):
S. 978. A bill to provide for the adjustment
or modification by the Secretary of Agri-
culture of loans for critical rural utility
service providers, and for other purposes; to
the Committee on Agriculture, Nutrition,
and Forestry.
By Mr. WYDEN (for himself, Ms. KLO-
BUCHAR, Mr. MARKEY, Mr. DURBIN,
Mr. WARNOCK, Mr. BOOKER, Mrs.
GILLIBRAND,
Mr.
MENENDEZ,
Ms.
BALDWIN,
Mr.
VAN
HOLLEN,
Ms.
DUCKWORTH,
Mrs.
FEINSTEIN,
Mr.
MERKLEY,
Mr.
SANDERS,
Mr.
BLUMENTHAL, and Mrs. MURRAY):
S. 979. A bill to amend the Consolidated
Appropriations Act, 2021 to authorize addi-
tional funds for the Emergency Broadband
Connectivity Fund, to provide grants to
States and Tribal Entities to strengthen the
National Lifeline Eligibility Verifier, to pro-
vide for Federal coordination between the
National Lifeline Eligibility Verifier and the
National Accuracy Clearinghouse, and for
other purposes; to the Committee on Com-
merce, Science, and Transportation.
By Mr. HAGERTY:
S. 980. A bill to restrict funds to local edu-
cational agencies that have obligated pre-
viously
appropriated
funds
and
reopen
schools for in-person learning; to the Com-
mittee on Health, Education, Labor, and
Pensions.
By Mrs. MURRAY (for herself, Ms.
CANTWELL, Mr. WYDEN, Mr. MERKLEY,
and Ms. MURKOWSKI):
S. 981. A bill to amend the Federal Assets
Sale and Transfer Act of 2016 to ensure that
federally recognized Indian Tribes are con-
sulted before the sale or transfer of certain
Federal civilian real properties, and for
other purposes; to the Committee on Envi-
ronment and Public Works.
By Mr. MARKEY (for himself, Mr. VAN
HOLLEN,
Mr.
SANDERS,
and
Mr.
MERKLEY):
S. 982. A bill to extend the life of the Min-
uteman III and redirect savings from the de-
velopment of the new ground-based strategic
deterrent program toward the development
of a universal coronavirus vaccine, and for
other purposes; to the Committee on Armed
Services.
By Mr. WHITEHOUSE (for himself and
Mr. BROWN):
S. 983. A bill to amend the Patient Protec-
tion and Affordable Care Act to establish a
public health insurance option, and for other
purposes; to the Committee on Health, Edu-
cation, Labor, and Pensions.
By Mr. MERKLEY (for himself, Mr.
BOOKER, Mr. DURBIN, Mr. MARKEY,
Mr. WYDEN, Mr. BLUMENTHAL, Mr.
LEAHY, Mrs. GILLIBRAND, Ms. WAR-
REN, Mr. SANDERS, and Mrs. FEIN-
STEIN):
S. 984. A bill to amend the Solid Waste Dis-
posal Act to reduce the production and use of
certain single-use plastic products and pack-
aging, to improve the responsibility of pro-
ducers in the design, collection, reuse, recy-
cling, and disposal of their consumer prod-
ucts and packaging, to prevent pollution
from consumer products and packaging from
entering into animal and human food chains
and waterways, and for other purposes; to
the Committee on Finance.
By Mr. CARPER (for himself, Mr.
WHITEHOUSE, and Mr. HEINRICH):
S. 985. A bill to amend the Internal Rev-
enue Code of 1986 to provide direct payments
of the renewable electricity production cred-
it, the energy credit, and the carbon oxide
sequestration credit; to the Committee on
Finance.
By Ms. SMITH (for herself, Mrs. CAP-
ITO, Mr. WHITEHOUSE, Mr. CRAMER,
Mr.
SCHATZ,
Mr.
HOEVEN,
Mr.
MANCHIN, Mr. BARRASSO, Mr. COONS,
Mr.
GRASSLEY,
Mr.
LUJA´ N,
Ms.
ERNST, Mr. DURBIN, and Ms. KLO-
BUCHAR):
S. 986. A bill to amend the Internal Rev-
enue Code of 1986 to provide for a 5-year ex-
tension of the carbon oxide sequestration
credit, and for other purposes; to the Com-
mittee on Finance.
By Mr. PORTMAN (for himself, Mr.
WHITEHOUSE, Ms. KLOBUCHAR, Mrs.
SHAHEEN, Ms. CANTWELL, and Mrs.
CAPITO):
S. 987. A bill to provide support with re-
spect to the prevention of, treatment for,
and recovery from, substance use disorder; to
the Committee on Health, Education, Labor,
and Pensions.
By Mr. SCHATZ (for himself, Ms. CANT-
WELL, Mr. DURBIN, Ms. DUCKWORTH,
Ms. HIRONO, Mr. WYDEN, Mrs. MUR-
RAY, and Ms. KLOBUCHAR):
S. 988. A bill to provide competitive grants
for the promotion of Japanese American con-
finement education as a means to under-
stand the importance of democratic prin-
ciples, use and abuse of power, and to raise
awareness about the importance of cultural
tolerance toward Japanese Americans, and
for other purposes; to the Committee on En-
ergy and Natural Resources.
By Mr. SCHATZ (for himself and Ms.
SMITH):
S. 989. A bill to establish a Native Amer-
ican language resource center in furtherance
of the policy set forth in the Native Amer-
ican Languages Act; to the Committee on In-
dian Affairs.
By Mr. HEINRICH:
S. 990. A bill to reauthorize the Northern
Rio Grande National Heritage Area; to the
Committee on Energy and Natural Re-
sources.
By Mr. SANDERS:
S. 991. A bill to amend the Internal Rev-
enue Code of 1986 to modify the treatment of
foreign corporations, and for other purposes;
to the Committee on Finance.
By Mr. BOOKER (for himself, Mr. DUR-
BIN, Ms. KLOBUCHAR, Mrs. FEINSTEIN,
Mr. BLUMENTHAL, Mr. BROWN, and
Ms. HIRONO):
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CONGRESSIONAL RECORD — SENATE
S1814
March 25, 2021
S. 992. A bill to amend title IV of the High-
er Education Act of 1965 to require institu-
tions of higher education that participate in
programs under such title to distribute voter
registration forms to students enrolled at
the institution, and for other purposes; to
the Committee on Health, Education, Labor,
and Pensions.
By Mr. RUBIO (for himself, Ms. ERNST,
and Mr. KENNEDY):
S. 993. A bill to prohibit certain business
concerns from receiving assistance from the
Small Business Administration, and for
other purposes; to the Committee on Small
Business and Entrepreneurship.
By Mr. SANDERS (for himself, Mrs.
GILLIBRAND, Mr. WHITEHOUSE, Mr.
VAN HOLLEN, and Mr. REED):
S. 994. A bill to amend the Internal Rev-
enue Code of 1986 to reinstate estate and gen-
eration-skipping taxes, and for other pur-
poses; to the Committee on Finance.
By Ms. BALDWIN:
S. 995. A bill to amend the Stop Student
Debt Relief Scams Act of 2019 to make tech-
nical corrections; to the Committee on
Health, Education, Labor, and Pensions.
By Mr. WICKER (for himself, Ms.
SINEMA, and Mr. SCOTT
of South
Carolina):
S. 996. A bill to award grants to certain in-
tuitions of higher education to educate and
train students to participate in the tele-
communications workforce; to the Com-
mittee on Commerce, Science, and Transpor-
tation.
By Ms. KLOBUCHAR (for herself, Mr.
WICKER,
Mr.
COONS,
and
Mr.
PORTMAN):
S. 997. A bill to establish the Office of Man-
ufacturing and Industrial Innovation Policy
and strategic national manufacturing policy
for the United States, to provide manufac-
turing and industrial perspective and advice
to the President, to provide for a comprehen-
sive survey and cross administration man-
agement of efforts to ensure global leader-
ship in manufacturing critical to the long-
term economic health and national security
of the United States, and for other purposes;
to the Committee on Commerce, Science,
and Transportation.
By
Mr.
COONS
(for
himself,
Mr.
WICKER, Mr. DURBIN, Mr. GRASSLEY,
Mr. VAN HOLLEN, Mr. BOOZMAN, Mr.
BLUMENTHAL, Ms. ERNST, Mr. WYDEN,
and Mr. LANKFORD):
S. 998. A bill to provide grants to States
that do not suspend, revoke, or refuse to
renew a driver’s license of a person or refuse
to renew a registration of a motor vehicle for
failure to pay a civil or criminal fine or fee,
and for other purposes; to the Committee on
the Judiciary.
By Mr. WARNER (for himself, Mrs.
BLACKBURN,
Mr.
CORNYN,
Mr.
WARNOCK, and Mr. KAINE):
S. 999. A bill to amend the title XVIII of
the Social Security Act to preserve access to
rural health care by ensuring fairness in
Medicare hospital payments; to the Com-
mittee on Finance.
By Mr. KAINE (for himself and Mr.
WARNER):
S. 1000. A bill to designate additions to the
Rough Mountain Wilderness and the Rich
Hole Wilderness of the George Washington
National Forest, and for other purposes; to
the Committee on Agriculture, Nutrition,
and Forestry.
By Mr. LANKFORD (for himself, Mr.
JOHNSON, Mr. BRAUN, Mr. BARRASSO,
and Mr. HAGERTY):
S. 1001. A bill to establish a commission to
review certain regulatory obstacles to pre-
paredness for, response to, and recovery from
the
COVID–19
pandemic
and
other
pandemics, and for other purposes; to the
Committee on Homeland Security and Gov-
ernmental Affairs.
By Mr. CASEY (for himself, Ms. BALD-
WIN, and Ms. STABENOW):
S. 1002. A bill to prohibit false or mis-
leading advertising for health insurance cov-
erage, require warnings and reporting with
respect to noncomprehensive health plans,
encourage enrollment in health plans, and
for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
By Mr. MURPHY (for himself, Mr.
BLUMENTHAL, Mr. MARKEY, and Ms.
WARREN):
S. 1003. A bill to establish a grant program
to provide assistance to States to prevent
and repair damage to structures due to
pyrrhotite; to the Committee on Banking,
Housing, and Urban Affairs.
By Ms. CORTEZ MASTO (for herself,
Mr. ROMNEY, and Ms. ROSEN):
S. 1004. A bill to extend the authorization
of the Mormon Pioneer National Heritage
Area, to designate the Great Basin National
Heritage Route in the State of Nevada as the
‘‘Great Basin National Heritage Area’’, to
designate the Great Basin Heritage Route
Partnership as the ‘‘Great Basin Heritage
Area Partnership’’, to extend the authoriza-
tion of the Great Basin National Heritage
Area, and for other purposes; to the Com-
mittee on Energy and Natural Resources.
By Mr. PAUL:
S. 1005. A bill to amend the Agricultural
Marketing Act of 1946 to modify the defini-
tion of hemp, and for other purposes; to the
Committee on Agriculture, Nutrition, and
Forestry.
By Mr. JOHNSON (for himself, Mrs.
BLACKBURN, Mr. BRAUN, Mr. CASSIDY,
Mr.
COTTON,
Ms.
ERNST,
Mr.
LANKFORD, and Mr. MCCONNELL):
S. 1006. A bill to amend the Controlled Sub-
stances Act to list fentanyl-related sub-
stances as schedule I controlled substances;
to the Committee on the Judiciary.
By Mr. TUBERVILLE (for himself, Mr.
CRUZ, Mr. BARRASSO, Mr. CRAMER,
Mr. LEE, and Mr. BRAUN):
S. 1007. A bill to require that certain aliens
receive written notice of removal pro-
ceedings before being granted parole or re-
leased from detention and to enumerate the
possible consequences for failing to attend
such proceedings; to the Committee on the
Judiciary.
By Mr. LEE (for himself, Mr. RISCH,
and Mr. CRAPO):
S. 1008. A bill to require the Secretary of
the Interior to develop a modeling tool, con-
duct a study, and issue reports relating to
the tax equivalent amount of payments
under the payment in lieu of taxes program;
to the Committee on Energy and Natural Re-
sources.
By Mrs. SHAHEEN (for herself, Mr.
MORAN,
Ms.
HASSAN,
and
Mr.
ROUNDS):
S. 1009. A bill to amend the Homeland Se-
curity Act of 2002 regarding the procurement
of certain items related to national security
interests for Department of Homeland Secu-
rity frontline operational components, and
for other purposes; to the Committee on
Homeland Security and Governmental Af-
fairs.
By Mrs. SHAHEEN (for herself and Ms.
HASSAN):
S. 1010. A bill to provide funding for pro-
grams and activities under the SUPPORT for
Patients and Communities Act; to the Com-
mittee on Health, Education, Labor, and
Pensions.
By Mr. CRUZ (for himself, Mr. INHOFE,
Mrs. CAPITO, Mr. KENNEDY, and Mr.
CRAMER):
S. 1011. A bill to amend the Natural Gas
Act to provide for expanded natural gas ex-
ports; to the Committee on Energy and Nat-
ural Resources.
By Mr. CRUZ (for himself, Mr. KEN-
NEDY, and Mr. CRAMER):
S. 1012. A bill to prohibit the Secretary of
Transportation from prohibiting the trans-
portation of liquefied natural gas by rail,
and for other purposes; to the Committee on
Commerce, Science, and Transportation.
By Mr. DURBIN (for himself, Mr. LEE,
Mr. LEAHY, Mr. WHITEHOUSE, Mr.
WYDEN, Mr. BLUMENTHAL, Ms. BALD-
WIN, Mr. BOOKER, Ms. WARREN, Mr.
SANDERS, Mr. KING, Mr. KAINE, and
Mr. WICKER):
S. 1013. A bill to focus limited Federal re-
sources on the most serious offenders; to the
Committee on the Judiciary.
By Mr. DURBIN (for himself and Mr.
GRASSLEY):
S. 1014. A bill to reform sentencing laws
and correctional institutions, and for other
purposes; to the Committee on the Judici-
ary.
By Mr. HEINRICH:
S. 1015. A bill to require the Federal En-
ergy Regulatory Commission to initiate a
rulemaking to reform the interregional
transmission planning process, and for other
purposes; to the Committee on Energy and
Natural Resources.
By Mr. HEINRICH:
S. 1016. A bill to amend the Internal Rev-
enue Code of 1986 to establish a tax credit for
installation of regionally significant electric
power transmission lines; to the Committee
on Finance.
By Mr. HEINRICH:
S. 1017. A bill to amend the Internal Rev-
enue Code of 1986 to establish a tax credit for
the production of hydrogen using electricity
produced from renewable energy resources;
to the Committee on Finance.
By Ms. KLOBUCHAR (for herself and
Mr. BRAUN):
S. 1018. A bill to amend the Public Health
Service Act to authorize grants for acquiring
equipment and supplies capable of per-
forming same-day clinical laboratory testing
in a point-of-care setting, and to assist lab-
oratories in meeting the cost of acquiring
high-throughput equipment, and for other
purposes; to the Committee on Health, Edu-
cation, Labor, and Pensions.
By Ms. KLOBUCHAR (for herself and
Ms. DUCKWORTH):
S. 1019. A bill to amend the Federal Food,
Drug, and Cosmetic Act to limit the presence
of toxic elements in, and otherwise regulate,
infant and toddler food, and for other pur-
poses; to the Committee on Health, Edu-
cation, Labor, and Pensions.
By Ms. DUCKWORTH (for herself, Mr.
SCHATZ,
Mr.
MARKEY,
Mr.
BLUMENTHAL,
Mr.
MERKLEY,
Mrs.
FEINSTEIN, Ms. CORTEZ MASTO, Mr.
WHITEHOUSE, Mr. COONS, Ms. CANT-
WELL, Mr. BROWN, Mr. REED, Mr.
BOOKER, Mr. MENENDEZ, Mr. WYDEN,
Mr. DURBIN, Ms. SMITH, Mr. SANDERS,
Mrs. GILLIBRAND, Ms. BALDWIN, Ms.
HIRONO, Ms. WARREN, Mrs. MURRAY,
Mr. VAN HOLLEN, Ms. KLOBUCHAR, Ms.
ROSEN, Mr. PADILLA, Mr. WARNOCK,
and Mr. LEAHY):
S. 1020. A bill to ensure due process protec-
tions of individuals in the United States
against unlawful detention based solely on a
protected characteristic; to the Committee
on the Judiciary.
By Ms. DUCKWORTH (for herself, Mrs.
MURRAY, Ms. HIRONO, Ms. CORTEZ
MASTO, Mrs. SHAHEEN, Ms. KLO-
BUCHAR,
Mr.
BLUMENTHAL,
Mr.
BROWN, Ms. WARREN, Mrs. GILLI-
BRAND, Mr. WHITEHOUSE, Ms. ROSEN,
Mrs. FEINSTEIN, Mr. MERKLEY, Ms.
HASSAN, Mr. BENNET, Mr. MARKEY,
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CONGRESSIONAL RECORD — SENATE
S1815
March 25, 2021
Ms. SMITH, Mr. MURPHY, Mr. BOOKER,
Mr. VAN HOLLEN, Mr. SANDERS, Mr.
WYDEN, Mr. PADILLA, and Mr. LUJA´ N):
S. 1021. A bill to ensure affordable abortion
coverage and care for every person, and for
other purposes; to the Committee on Health,
Education, Labor, and Pensions.
By Mr. DURBIN (for himself, Mr. BOOZ-
MAN, Mr. INHOFE, Mr. BOOKER, and
Mr. CARDIN):
S. 1022. A bill to create jobs in the United
States by increasing United States exports
to Africa by at least 200 percent in real dol-
lar value within 10 years, and for other pur-
poses; to the Committee on Banking, Hous-
ing, and Urban Affairs.
By Mr. DURBIN (for himself and Mr.
BOOKER):
S. 1023. A bill to provide tax credits to low-
to moderate-income individuals for certain
computer and education costs, to direct the
Federal
Communications
Commission
to
modify the requirements for the Lifeline pro-
gram to provide increased support, and for
other purposes; to the Committee on Fi-
nance.
By Mr. DURBIN (for himself, Mr. COR-
NYN, Mr. LEAHY, Mr. YOUNG, Mr.
COONS, and Ms. COLLINS):
S. 1024. A bill to enhance our Nation’s
nurse and physician workforce during the
COVID–19 crisis by recapturing unused immi-
grant visas; to the Committee on the Judici-
ary.
By Mrs. MURRAY (for herself, Mr.
MANCHIN, Mr. LUJA´ N, and Mr. HEIN-
RICH):
S. 1025. A bill to establish a presumption of
occupational disease for certain employees
at the Department of Energy, to refine the
definition of compensable illnesses, to estab-
lish a research program, and for other pur-
poses; to the Committee on Health, Edu-
cation, Labor, and Pensions.
By Ms. KLOBUCHAR (for herself and
Ms. COLLINS):
S. 1026. A bill to assist States in, and pay
for the Federal share of the cost of, defray-
ing the cost of pre-apprenticeships or related
instruction associated with qualified appren-
ticeship programs, and for other purposes; to
the Committee on Health, Education, Labor,
and Pensions.
By Mr. BLUMENTHAL (for himself,
Mr. MURPHY, Mr. MARKEY, and Ms.
WARREN):
S. 1027. A bill to amend the Internal Rev-
enue Code of 1986 to repeal the temporary
limitation on personal casualty losses, and
for other purposes; to the Committee on Fi-
nance.
By Mr. BLUMENTHAL (for himself,
Mr. MURPHY, Mr. MARKEY, and Ms.
WARREN):
S. 1028. A bill to establish a grant program
to provide assistance to prevent and repair
damage to structures due to pyrrhotite; to
the Committee on Homeland Security and
Governmental Affairs.
By Mr. CRUZ:
S. 1029. A bill to require the imposition of
sanctions with respect to forced abortions by
the Government of the People’s Republic of
China; to the Committee on Foreign Rela-
tions.
By Mr. BLUNT (for himself and Mr.
VAN HOLLEN):
S. 1030. A bill to prohibit the use of Federal
funds to install permanent fencing around
the United States Capitol, any of the Capitol
Buildings, or any portion of the Capitol
Grounds; to the Committee on Rules and Ad-
ministration.
By Mr. WARNOCK:
S. 1031. A bill to require the Comptroller
General of the United States to conduct a
study on disparities associated with race and
ethnicity with respect to certain benefits ad-
ministered by the Secretary of Veterans Af-
fairs, and for other purposes; to the Com-
mittee on Veterans’ Affairs.
By Mr. WARNOCK (for himself, Ms.
KLOBUCHAR, Mrs. GILLIBRAND, Mr.
BOOKER, Mr. MARKEY, Ms. WARREN,
Ms.
HIRONO,
Mr.
SANDERS,
Mr.
BLUMENTHAL, Mr. DURBIN, Ms. SMITH,
Mr. COONS, Ms. DUCKWORTH, Mrs.
MURRAY, Mr. KAINE, Ms. STABENOW,
Mrs.
FEINSTEIN,
Mr.
CASEY,
Mr.
PADILLA, Mr. WYDEN, Mr. BENNET,
Mr. BROWN, and Mr. OSSOFF):
S. 1032. A bill direct the Joint Committee
of Congress on the Library to obtain a statue
of Shirley Chisholm for placement in the
United States Capitol; to the Committee on
Rules and Administration.
By Mr. PETERS (for himself and Mr.
GRASSLEY):
S. 1033. A bill to amend title IV of the So-
cial Security Act to allow the Secretary of
Health and Human Services to award com-
petitive grants to enhance collaboration be-
tween State child welfare and juvenile jus-
tice systems; to the Committee on Finance.
By
Mr.
COONS
(for
himself,
Mr.
MORAN, Mr. KING, Mr. CARPER, Ms.
ERNST, Ms. COLLINS, Mr. WARNER, Mr.
BRAUN, Ms. STABENOW, Mr. CRAPO,
and Mr. BENNET):
S. 1034. A bill to amend the Internal Rev-
enue Code of 1986 to extend the publicly trad-
ed partnership ownership structure to energy
power generation projects and transpor-
tation fuels, and for other purposes; to the
Committee on Finance.
By Mr. PETERS (for himself and Mr.
YOUNG):
S. 1035. A bill to require the Secretary of
Labor to take initiatives to measure the im-
pact of automation on the workforce in order
to inform workforce development strategies,
and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
By Ms. HASSAN (for herself and Mrs.
CAPITO):
S. 1036. A bill to direct the Federal Com-
munications Commission to promulgate reg-
ulations that establish a national standard
for
determining
whether
mobile
and
broadband services available in rural areas
are reasonably comparable to those services
provided in urban areas; to the Committee
on Commerce, Science, and Transportation.
By Mr. PETERS (for himself, Mr.
YOUNG, and Mr. RUBIO):
S. 1037. A bill to provide for the establish-
ment of a section of the website of the De-
partment of Commerce that shall serve as
the primary hub for information relating to
Federal manufacturing programs, and for
other purposes; to the Committee on Com-
merce, Science, and Transportation.
By Ms. HASSAN (for herself, Ms. COL-
LINS, Mr. BLUMENTHAL, Mr. CASEY,
Mr. KING, Mr. LEAHY, Mr. CARPER,
Mr. KAINE, Mr. MURPHY, Mr. COONS,
Mr. WARNER, and Mrs. SHAHEEN):
S. 1038. A bill to establish the Office of Re-
gional Greenhouse Gas Reduction Programs
within the Environmental Protection Agen-
cy, and for other purposes; to the Committee
on Environment and Public Works.
By Mr. MENENDEZ:
S. 1039. A bill to amend title 38, United
States Code, to improve compensation for
disabilities occurring in Persian Gulf War
veterans, and for other purposes; to the Com-
mittee on Veterans’ Affairs.
By Mr. MENENDEZ (for himself, Mr.
CRAMER, Mr. BOOKER, Mr. DAINES,
Mr. COONS, Mr. RUBIO, Ms. KLO-
BUCHAR, Mr. TILLIS, and Ms. SINEMA):
S. 1040. A bill to amend title 38, United
States Code, to expand eligibility for hos-
pital care, medical services, and nursing
home care from the Department of Veterans
Affairs to include veterans of World War II;
to the Committee on Veterans’ Affairs.
By Mr. MENENDEZ (for himself, Mr.
RUBIO, Mr. KAINE, Mr. DURBIN, Mr.
CARDIN, and Mr. MURPHY):
S. 1041. A bill to advance the strategic
alignment of United States diplomatic tools
toward the realization of free, fair, and
transparent elections in Nicaragua and to re-
affirm the commitment of the United States
to protect the fundamental freedoms and
human rights of the people of Nicaragua, and
for other purposes; to the Committee on For-
eign Relations.
By Mr. WARNOCK (for himself, Mr.
PADILLA, Mr. BOOKER, Mr. VAN HOL-
LEN, and Mr. MENENDEZ):
S. 1042. A bill to prevent maternal mor-
tality and serve maternal morbidity among
Black pregnant and postpartum individuals
and other underserved populations, to pro-
vide training in respectful maternity care, to
reduce and prevent bias, racism, and dis-
crimination in maternity care settings, and
for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
By Mrs. SHAHEEN (for herself and
Mrs. CAPITO):
S. 1043. A bill to require the Secretary of
Agriculture to establish a forest incentives
program to keep forests intact and sequester
carbon on private forest land of the United
States, and for other purposes; to the Com-
mittee on Agriculture, Nutrition, and For-
estry.
By Mr. PETERS (for himself and Mr.
RUBIO):
S. 1044. A bill to establish the National
Manufacturing Advisory Council within the
Department of Commerce, and for other pur-
poses; to the Committee on Commerce,
Science, and Transportation.
By Mr. KENNEDY:
S. 1045. A bill to amend the Immigration
and Nationality Act to facilitate the re-
moval of aliens identified in the terrorist
screening database, and for other purposes;
to the Committee on the Judiciary.
By Mr. CORNYN (for himself, Mr.
WHITEHOUSE, Mr. TILLIS, Ms. KLO-
BUCHAR, Mrs. FEINSTEIN, Mr. CASSIDY,
Ms. HASSAN, Mr. LANKFORD, and Mr.
SCOTT of South Carolina):
S. 1046. A bill to amend the Omnibus Crime
Control and Safe Streets Act of 1968 to reau-
thorize the residential substance use dis-
order treatment program, and for other pur-
poses; to the Committee on the Judiciary.
By Mr. MARSHALL (for himself, Mr.
HICKENLOOPER, and Ms. ERNST):
S. 1047. A bill to amend the Small Business
Act to allow certain ranchers and farmers
categorized as partnerships to use an alter-
native calculation for a maximum loan
amount under the paycheck protection pro-
gram, and for other purposes; to the Com-
mittee on Small Business and Entrepreneur-
ship.
By Mr. RUBIO:
S. 1048. A bill to require disclosure by Fed-
eral contractors of contracts with Chinese
entities, and for other purposes; to the Com-
mittee on Homeland Security and Govern-
mental Affairs.
By Ms. ERNST:
S. 1049. A bill to amend the Public Works
and Economic Development Act of 1965 to
make projects that directly or indirectly in-
crease the accessibility of child care eligible
for certain grants, and for other purposes; to
the Committee on Environment and Public
Works.
By Mr. COTTON (for himself, Mr. BOOZ-
MAN,
Mrs.
HYDE-SMITH,
and
Mr.
TUBERVILLE):
S. 1050. A bill to enact as law certain regu-
lations relating to the taking of double-
crested cormorants; to the Committee on
Environment and Public Works.
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CONGRESSIONAL RECORD — SENATE
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By Mr. KENNEDY:
S. 1051. A bill to amend the Immigration
and Nationality Act to clarify the contempt
authority of immigration judges, and for
other purposes; to the Committee on the Ju-
diciary.
By Mr. LEE:
S. 1052. A bill to improve the poverty meas-
urement methodology used by the Bureau of
the Census to more accurately measure pov-
erty in the United States; to the Committee
on Homeland Security and Governmental Af-
fairs.
By Mr. HOEVEN (for himself, Mr. BEN-
NET, Mr. DAINES, Ms. SMITH, Mr.
ROUNDS, Mr. CRAPO, Ms. ERNST, Mr.
BRAUN,
Mr.
MARSHALL,
and
Mr.
RISCH):
S. 1053. A bill to require the Secretary of
Transportation to establish a working group
to study regulatory and legislative improve-
ments for the livestock, insect, and agricul-
tural commodities transport industries, and
for other purposes; to the Committee on
Commerce, Science, and Transportation.
By Mr. RUBIO (for himself and Mr.
MERKLEY):
S. 1054. A bill to support United States pol-
icy toward Taiwan; to the Committee on
Foreign Relations.
By Mr. KENNEDY:
S. 1055. A bill to amend the Immigration
and Nationality Act to provide that any
alien who has been convicted of a felony or
two misdemeanors, is deportable, and for
other purposes; to the Committee on the Ju-
diciary.
By Mr. KENNEDY:
S. 1056. A bill to amend the Immigration
and Nationality Act with respect to aliens
associated with criminal gangs, and for other
purposes; to the Committee on the Judici-
ary.
By Mr. COONS (for himself, Mr. HEIN-
RICH, and Mr. LUJA´ N):
S. 1057. A bill to direct the Secretary of the
Interior and the Secretary of Agriculture to
establish a Civilian Climate Corps, and for
other purposes; to the Committee on Health,
Education, Labor, and Pensions .
By Mr. THUNE (for himself, Mrs. SHA-
HEEN, and Mrs. FISCHER):
S. 1058. A bill to amend the Small Business
Investment Act of 1958 to provide opportuni-
ties to rural business investment companies,
and for other purposes; to the Committee on
Small Business and Entrepreneurship.
By Mr. RUBIO (for himself and Mr.
RISCH):
S. 1059. A bill to establish a small business
and domestic production recovery invest-
ment facility, and for other purposes; to the
Committee on Small Business and Entrepre-
neurship.
By Mr. RUBIO (for himself and Mr.
HAWLEY):
S. 1060. A bill to safeguard certain tech-
nology and intellectual property in the
United States from export to or influence by
the People’s Republic of China and to protect
United States industry from unfair competi-
tion by the People’s Republic of China, and
for other purposes; to the Committee on Fi-
nance.
By Mr. PORTMAN (for himself, Mr.
BOOKER, Mr. CARDIN, Mr. YOUNG, Ms.
ROSEN, Mr. RISCH, Mr. COONS, Ms.
COLLINS, Mr. DURBIN, Mr. GRASSLEY,
Mrs.
FEINSTEIN,
Mr.
SASSE,
Mr.
WARNOCK, Mr. BOOZMAN, Ms. KLO-
BUCHAR, Mr. TILLIS, Mr. KAINE, and
Mr. HAWLEY):
S. 1061. A bill to encourage the normaliza-
tion of relations with Israel, and for other
purposes; to the Committee on Foreign Rela-
tions.
By Mr. SCOTT of Florida (for himself,
Mr. RUBIO, Mrs. BLACKBURN, Mr. KEN-
NEDY, Mr. COTTON, Mrs. CAPITO, Mr.
HAWLEY, and Mr. BARRASSO):
S. 1062. A bill to prohibit the procurement
of solar panels manufactured or assembled in
the People’s Republic of China; to the Com-
mittee on Homeland Security and Govern-
mental Affairs.
By Mrs. MURRAY (for herself, Mr. VAN
HOLLEN, Ms. BALDWIN, Mr. WYDEN,
Mr. MERKLEY, Mr. BLUMENTHAL, Ms.
KLOBUCHAR, Mrs. GILLIBRAND, Mrs.
SHAHEEN, Mr. BOOKER, Ms. ROSEN,
and Mr. PETERS):
S. 1063. A bill to provide women with in-
creased access to preventive and life-saving
cancer screening; to the Committee on
Health, Education, Labor, and Pensions.
By Mr. MENENDEZ (for himself, Mr.
RUBIO, Mr. KAINE, Mr. DURBIN, Mr.
CARDIN, and Mr. MURPHY):
S. 1064. A bill to advance the strategic
alignment of United States diplomatic tools
toward the realization of free, fair, and
transparent elections in Nicaragua and to re-
affirm the commitment of the United States
to protect the fundamental freedoms and
human rights of the people of Nicaragua, and
for other purposes; to the Committee on For-
eign Relations.
By Mrs. MURRAY (for herself and Mr.
MANCHIN):
S. 1065. A bill to increase collaboration be-
tween offices within the Department of En-
ergy to develop and deploy technology to as-
sist the mission of the Office of Environ-
mental Management; to the Committee on
Energy and Natural Resources.
By Mr. HEINRICH (for himself, Mr.
KING, Mr. MARKEY, Mr. VAN HOLLEN,
Mr. WHITEHOUSE, Mr. DURBIN, Mr.
LUJA´ N, Mr. LEAHY, Ms. SMITH, Ms.
KLOBUCHAR, Mr. SCHUMER, Mr. MUR-
PHY, Mr. SCHATZ, Mrs. FEINSTEIN, Ms.
BALDWIN, Mr. CASEY, Mr. SANDERS,
Mr. PADILLA, Mr. MENENDEZ, Ms.
STABENOW,
Mr.
REED,
and
Mr.
WYDEN):
S.J. Res. 14. A joint resolution providing
for congressional disapproval under chapter 8
of title 5, United States Code, of the rule
submitted by the Environmental Protection
Agency relating to ‘‘Oil and Natural Gas
Sector: Emission Standards for New, Recon-
structed, and Modified Sources Review’’; to
the Committee on Environment and Public
Works .
By Mr. VAN HOLLEN (for himself, Mr.
BROWN, Mr. REED, Ms. WARREN, Ms.
CORTEZ MASTO, Ms. SMITH, and Mrs.
FEINSTEIN):
S.J. Res. 15. A joint resolution providing
for congressional disapproval under chapter 8
of title 5, United States Code, of the rule
submitted by the Office of the Comptroller of
Currency relating to ‘‘National Banks and
Federal Savings Associations as Lenders’’; to
the Committee on Banking, Housing, and
Urban Affairs.
By Mr. BROWN:
S.J. Res. 16. A joint resolution providing
for congressional disapproval under chapter 8
of title 5, United States Code, of the rule
submitted by the Securities and Exchange
Commission relating to ‘‘Procedural Re-
quirements and Resubmission Thresholds
Under Exchange Act Rule 14a-8’’; to the
Committee on Banking, Housing, and Urban
Affairs.
f
SUBMISSION OF CONCURRENT AND
SENATE RESOLUTIONS
The following concurrent resolutions
and Senate resolutions were read, and
referred (or acted upon), as indicated:
By Mr. BRAUN (for himself, Ms.
ERNST, and Mr. TILLIS):
S. Res. 136. A resolution recognizing the
duty of the Senate to abandon Modern Mone-
tary Theory and recognizing that the accept-
ance of Modern Monetary Theory would lead
to higher deficits and higher inflation; to the
Committee on Banking, Housing, and Urban
Affairs.
By Mr. BROWN (for himself and Mr.
SULLIVAN):
S. Res. 137. A resolution supporting the
goals of World Tuberculosis Day to raise
awareness about tuberculosis; to the Com-
mittee on Foreign Relations.
By Mr. COTTON (for himself, Mr. BOOZ-
MAN, and Ms. MURKOWSKI):
S. Res. 138. A resolution urging the Euro-
pean Parliament to exempt certain tech-
nologies used to detect child sexual exploi-
tation from European Union ePrivacy direc-
tive; to the Committee on Foreign Relations.
By Ms. STABENOW (for herself, Mr.
WARNOCK, Mr. PETERS, Mr. BOOKER,
Mr. MENENDEZ, Ms. COLLINS, Ms.
CANTWELL, Mr. KING, Mr. MERKLEY,
Mrs. MURRAY, and Mr. WYDEN):
S. Res. 139. A resolution recognizing the
importance of the blueberry industry to the
United States and designating July 2021 as
‘‘National Blueberry Month’’; to the Com-
mittee on the Judiciary.
By Mr. WARNOCK (for himself, Ms.
DUCKWORTH,
Mr.
MARKEY,
Mr.
BLUMENTHAL, Mr. CASEY, Mr. WYDEN,
Mr. CARPER, Mr. VAN HOLLEN, Ms.
HIRONO,
Mr.
WHITEHOUSE,
Mr.
SCHATZ, Mr. DURBIN, Mr. REED, Mr.
SANDERS, Mr. KAINE, Mrs. FEINSTEIN,
Ms. CANTWELL, Mr. MURPHY, Mr.
BROWN, Mr. PADILLA, Mrs. MURRAY,
Ms. HASSAN, Mr. COONS, Mr. MENEN-
DEZ, Mr. BOOKER, Ms. CORTEZ MASTO,
Ms. BALDWIN, Ms. KLOBUCHAR, Ms.
WARREN, Ms. ROSEN, Mr. MERKLEY,
and Mr. OSSOFF):
S. Res. 140. A resolution condemning the
horrific shootings in Atlanta, Georgia, on
March 16, 2021, and reaffirming the commit-
ment of the Senate to combating hate, big-
otry, and violence against the Asian-Amer-
ican and Pacific Islander community; to the
Committee on the Judiciary.
By Mr. BENNET (for himself, Mr.
WYDEN, Ms. WARREN, Mrs. MURRAY,
Mr. MERKLEY, Ms. CANTWELL, Mr.
HEINRICH, Mr. KELLY, Mr. BOOKER,
Mr. TESTER, and Mr. SCHATZ):
S. Res. 141. A resolution recognizing the
critical importance of access to reliable,
clean drinking water for Native Americans
and Alaska Natives and confirming the re-
sponsibility of the Federal Government to
ensure such water access; to the Committee
on Indian Affairs.
By Mr. MENENDEZ (for himself, Mr.
HAGERTY, Mr. MARKEY, Mr. ROMNEY,
and Mr. COONS):
S. Res. 142. A resolution recognizing the
importance of the United States-Japan rela-
tionship to safeguarding global security,
prosperity, and human rights and welcoming
the visit of Prime Minister Yoshihide Suga
to the United States; to the Committee on
Foreign Relations.
By Ms. HASSAN (for herself, Mr.
TILLIS, Ms. SINEMA, Mr. CRAMER, Mr.
BLUMENTHAL, Mr. CASSIDY, Mr. SAND-
ERS, Mr. BOOZMAN, Mrs. BLACKBURN,
Ms. HIRONO, Mr. BROWN, and Mr.
TUBERVILLE):
S. Res. 143. A resolution to honor and rec-
ognize the patriotism and service to the
United States provided by Veterans Service
Organizations during the COVID–19 pan-
demic; to the Committee on Veterans’ Af-
fairs.
By Mr. BROWN (for himself and Mr.
SCOTT of South Carolina):
S. Res. 144. A resolution recognizing the
week of March 21 through March 27, 2021, as
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CONGRESSIONAL RECORD — SENATE
S1817
March 25, 2021
‘‘National Poison Prevention Week’’ and en-
couraging communities across the United
States to raise awareness of the dangers of
poisoning and promote poison prevention;
considered and agreed to.
By Mr. TESTER (for himself, Mr.
MERKLEY,
Mr.
WHITEHOUSE,
Mr.
DAINES, Mr. CARPER, and Mr. DUR-
BIN):
S. Res. 145. A resolution designating the
first week of April 2021 as ‘‘National Asbes-
tos Awareness Week’’; considered and agreed
to.
By Mr. PORTMAN (for himself and Ms.
KLOBUCHAR):
S. Res. 146. A resolution designating April
2021 as ‘‘Second Chance Month’’; to the Com-
mittee on the Judiciary.
By Mr. BRAUN (for himself, Mrs.
BLACKBURN, Mr. SCOTT
of Florida,
and Ms. ERNST):
S. Res. 147. A resolution recognizing the
national debt as a threat to national secu-
rity; to the Committee on Finance.
f
ADDITIONAL COSPONSORS
S. 56
At the request of Ms. KLOBUCHAR, the
name of the Senator from Arizona (Ms.
SINEMA) was added as a cosponsor of S.
56, a bill to amend the Public Health
Service Act to authorize grants for
training and support services for fami-
lies and caregivers of people living
with Alzheimer’s disease or a related
dementia.
S. 65
At the request of Mr. RUBIO, the
names of the Senator from North Caro-
lina (Mr. TILLIS) and the Senator from
Iowa (Ms. ERNST) were added as co-
sponsors of S. 65, a bill to ensure that
goods made with forced labor in the
Xinjiang Uyghur Autonomous Region
of the People’s Republic of China do
not enter the United States market,
and for other purposes.
S. 80
At the request of Ms. ERNST, the
name of the Senator from Montana
(Mr. DAINES) was added as a cosponsor
of S. 80, a bill to require U.S. Immigra-
tion and Customs Enforcement to take
into custody certain aliens who have
been charged in the United States with
a crime that resulted in the death or
serious bodily injury of another person,
and for other purposes.
S. 101
At the request of Mr. MARKEY, the
name of the Senator from Illinois (Mr.
DURBIN) was added as a cosponsor of S.
101, a bill to establish the Environ-
mental Justice Mapping Committee,
and for other purposes.
S. 115
At the request of Ms. KLOBUCHAR, the
name of the Senator from North Da-
kota (Mr. CRAMER) was added as a co-
sponsor of S. 115, a bill to direct the
Secretary of Commerce to conduct a
study and submit to Congress a report
on the effects of the COVID–19 pan-
demic on the travel and tourism indus-
try in the United States, and for other
purposes.
S. 198
At the request of Ms. ROSEN, the
name of the Senator from Michigan
(Mr. PETERS) was added as a cosponsor
of S. 198, a bill to require the Federal
Communications Commission to incor-
porate data on maternal health out-
comes into its broadband health maps.
S. 212
At the request of Mr. CARDIN, the
names of the Senator from California
(Mrs. FEINSTEIN) and the Senator from
Rhode Island (Mr. REED) were added as
cosponsors of S. 212, a bill to amend the
Internal Revenue Code of 1986 to allow
a refundable tax credit against income
tax for the purchase of qualified access
technology for the blind.
S. 282
At the request of Mr. MARKEY, the
name of the Senator from Connecticut
(Mr. MURPHY) was added as a cosponsor
of S. 282, a bill to designate a portion of
the Arctic National Wildlife Refuge as
wilderness.
S. 309
At the request of Mr. DURBIN, the
name of the Senator from Mississippi
(Mr. WICKER) was added as a cosponsor
of S. 309, a bill to give Federal courts
additional
discretion
to
determine
whether pretrial detention is appro-
priate for defendants charged with non-
violent drug offenses in Federal crimi-
nal cases.
S. 360
At the request of Mrs. CAPITO, the
names of the Senator from Alaska (Ms.
MURKOWSKI) and the Senator from
Maryland
(Mr.
VAN
HOLLEN)
were
added as cosponsors of S. 360, a bill to
amend title 51, United States Code, to
modify the national space grant col-
lege and fellowship program, and for
other purposes.
S. 388
At the request of Mr. MERKLEY, the
name of the Senator from Oregon (Mr.
WYDEN) was added as a cosponsor of S.
388, a bill to suspend certain United
States assistance for the Government
of Honduras until corruption, impu-
nity, and human rights violations are
no longer systemic, and the perpetra-
tors of these crimes are being brought
to justice.
S. 395
At the request of Mr. MERKLEY, the
name of the Senator from Rhode Island
(Mr. WHITEHOUSE) was added as a co-
sponsor of S. 395, a bill to amend the
Internal Revenue Code of 1986 to extend
certain tax credits related to electric
cars, and for other purposes.
S. 403
At the request of Mr. YOUNG, the
name of the Senator from Kansas (Mr.
MORAN) was added as a cosponsor of S.
403, a bill to preserve open competition
and Federal Government neutrality to-
wards the labor relations of Federal
Government contractors on Federal
and
federally
funded
construction
projects, and for other purposes.
S. 425
At the request of Mr. MARKEY, the
name of the Senator from Pennsyl-
vania (Mr. CASEY) was added as a co-
sponsor of S. 425, a bill to require
States to establish complete streets
programs, and for other purposes.
S. 437
At the request of Mr. SULLIVAN, the
names of the Senator from Rhode Is-
land (Mr. WHITEHOUSE), the Senator
from West Virginia (Mrs. CAPITO), the
Senator from Wisconsin (Ms. BALDWIN)
and the Senator from Indiana (Mr.
YOUNG) were added as cosponsors of S.
437, a bill to amend title 38, United
States Code, to concede exposure to
airborne hazards and toxins from burn
pits under certain circumstances, and
for other purposes.
S. 444
At the request of Ms. COLLINS, the
name of the Senator from Delaware
(Mr. COONS) was added as a cosponsor
of S. 444, a bill to amend title 38,
United States Code, to authorize the
Secretary of Veterans Affairs to pro-
vide or assist in providing an addi-
tional vehicle adapted for operation by
disabled individuals to certain eligible
persons.
S. 611
At the request of Mr. DURBIN, the
names of the Senator from Michigan
(Ms. STABENOW) and the Senator from
Illinois (Ms. DUCKWORTH) were added as
cosponsors of S. 611, a bill to deposit
certain funds into the Crime Victims
Fund, to waive matching requirements,
and for other purposes.
S. 612
At the request of Mr. PORTMAN, the
names of the Senator from New Hamp-
shire (Ms. HASSAN) and the Senator
from Arkansas (Mr. BOOZMAN) were
added as cosponsors of S. 612, a bill to
require the Under Secretary for Health
of the Department of Veterans Affairs
to provide certain information to med-
ical center staff and homelessness serv-
ice providers of the Department regard-
ing the coordinated entry processes for
housing and services operated under
the Continuum of Care Program of the
Department of Housing and Urban De-
velopment, and for other purposes.
S. 617
At the request of Mr. THUNE, the
name of the Senator from Missouri
(Mr. HAWLEY) was added as a cosponsor
of S. 617, a bill to amend the Internal
Revenue Code of 1986 to repeal the es-
tate and generation-skipping transfer
taxes, and for other purposes.
S. 618
At the request of Mr. LANKFORD, the
name of the Senator from Oklahoma
(Mr. INHOFE) was added as a cosponsor
of S. 618, a bill to amend the Internal
Revenue Code of 1986 to modify and ex-
tend the deduction for charitable con-
tributions for individuals not itemizing
deductions.
S. 623
At the request of Mr. RUBIO, the
name of the Senator from Pennsyl-
vania (Mr. TOOMEY) was added as a co-
sponsor of S. 623, a bill to make day-
light saving time permanent, and for
other purposes.
S. 658
At the request of Mr. CORNYN, the
name of the Senator from Arkansas
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CONGRESSIONAL RECORD — SENATE
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(Mr. BOOZMAN) was added as a cospon-
sor of S. 658, a bill to authorize the
Secretary of Homeland Security to
work with cybersecurity consortia for
training, and for other purposes.
S. 659
At the request of Mr. YOUNG, the
name of the Senator from Mississippi
(Mrs. HYDE-SMITH) was added as a co-
sponsor of S. 659, a bill to require the
Secretary of Transportation to promul-
gate regulations relating to commer-
cial motor vehicle drivers under the
age of 21, and for other purposes.
S. 680
At the request of Mr. SCHATZ, the
names of the Senator from Nevada (Ms.
ROSEN) and the Senator from Rhode Is-
land (Mr. REED) were added as cospon-
sors of S. 680, a bill to award grants to
States to establish or improve, and
carry out, Seal of Biliteracy programs
to recognize high-level student pro-
ficiency in speaking, reading, and writ-
ing in both English and a second lan-
guage.
S. 691
At the request of Mr. LEE, the name
of the Senator from Pennsylvania (Mr.
TOOMEY) was added as a cosponsor of S.
691, a bill to provide for congressional
review of the imposition of duties and
other trade measures by the executive
branch, and for other purposes.
S. 692
At the request of Mr. TESTER, the
names of the Senator from Hawaii (Ms.
HIRONO), the Senator from New Hamp-
shire (Mrs. SHAHEEN), the Senator from
Arizona (Ms. SINEMA) and the Senator
from Maryland (Mr. VAN HOLLEN) were
added as cosponsors of S. 692, a bill to
award a Congressional Gold Medal to
the female telephone operators of the
Army Signal Corps, known as the
‘‘Hello Girls’’.
S. 713
At the request of Mr. BOOKER, the
name of the Senator from California
(Mr. PADILLA) was added as a cosponsor
of S. 713, a bill to direct the Secretary
of Agriculture to temporarily suspend
increased line speeds at meat and poul-
try establishments, and for other pur-
poses.
S. 730
At the request of Mr. BRAUN, the
name of the Senator from Mississippi
(Mr. WICKER) was added as a cosponsor
of S. 730, a bill to amend title VI of the
Social Security Act to remove the pro-
hibition
on
States
and
territories
against lowering their taxes.
S. 735
At the request of Ms. ROSEN, her
name was added as a cosponsor of S.
735, a bill to amend the Scientific and
Advanced-Technology Act of 1992 to
further support advanced technological
manufacturing, and for other purposes.
S. 748
At the request of Mr. CASEY, his
name was added as a cosponsor of S.
748, a bill to provide for an extension of
the temporary suspension of Medicare
sequestration
during
the
COVID–19
public health emergency.
S. 773
At the request of Mr. THUNE, the
names of the Senator from Tennessee
(Mrs. BLACKBURN) and the Senator
from New York (Mrs. GILLIBRAND) were
added as cosponsors of S. 773, a bill to
enable certain hospitals that were par-
ticipating in or applied for the drug
discount program under section 340B of
the Public Health Service Act prior to
the COVID–19 public health emergency
to temporarily maintain eligibility for
such program, and for other purposes.
S. 792
At the request of Mrs. FISCHER, the
names of the Senator from South Da-
kota (Mr. THUNE), the Senator from
Missouri (Mr. BLUNT), the Senator from
North Dakota (Mr. CRAMER), the Sen-
ator from North Dakota (Mr. HOEVEN),
the Senator from Indiana (Mr. BRAUN),
the
Senator
from
Montana
(Mr.
DAINES), the Senator from Mississippi
(Mrs. HYDE-SMITH), the Senator from
Oklahoma (Mr. INHOFE) and the Sen-
ator from Kansas (Mr. MARSHALL) were
added as cosponsors of S. 792, a bill to
amend the Motor Carrier Safety Im-
provement Act of 1999 to modify cer-
tain agricultural exemptions for hours
of service requirements, and for other
purposes.
At the request of Mrs. FISCHER, the
name of the Senator from Iowa (Ms.
ERNST) was added as a cosponsor of S.
792, supra.
S. 820
At the request of Mrs. BLACKBURN,
the name of the Senator from Mis-
sissippi (Mrs. HYDE-SMITH) was added
as a cosponsor of S. 820, a bill to pro-
vide an exemption from certain re-
quirements
for
federally
funded
projects and activities in areas not in
metropolitan statistical areas, and for
other purposes.
S. 853
At the request of Mr. CASEY, the
names of the Senator from New York
(Mrs. GILLIBRAND) and the Senator
from Minnesota (Ms. SMITH) were added
as cosponsors of S. 853, a bill to amend
the Child Nutrition Act of 1966 to in-
crease the age of eligibility for chil-
dren to receive benefits under the spe-
cial supplemental nutrition program
for women, infants, and children, and
for other purposes.
S. 884
At the request of Mr. LEE, the name
of the Senator from Montana (Mr.
DAINES) was added as a cosponsor of S.
884, a bill to close loopholes in the im-
migration laws that serve as incentives
to aliens to attempt to enter the
United States unlawfully, and for other
purposes.
S. 896
At the request of Mr. KENNEDY, the
name of the Senator from Nebraska
(Mr. SASSE) was added as a cosponsor
of S. 896, a bill to amend the Employee
Retirement Income Security Act of
1974 to establish additional criteria for
determining when employers may join
together in a group or association of
employers that will be treated as an
employer under section 3(5) of such Act
for purposes of sponsoring a group
health plan, and for other purposes.
S. 901
At the request of Mrs. GILLIBRAND,
the name of the Senator from Vermont
(Mr. SANDERS) was added as a cospon-
sor of S. 901, a bill to provide access to
counsel for children and other vulner-
able populations.
S. 903
At the request of Mrs. BLACKBURN,
the name of the Senator from Utah
(Mr. LEE) was added as a cosponsor of
S. 903, a bill to amend the Immigration
and Nationality Act to require a DNA
test to determine the familial relation-
ship between an alien and an accom-
panying minor, and for other purposes.
S. 910
At the request of Mr. MERKLEY, the
name of the Senator from Colorado
(Mr. HICKENLOOPER) was added as a co-
sponsor of S. 910, a bill to create pro-
tections for financial institutions that
provide financial services to cannabis-
related legitimate businesses and serv-
ice providers for such businesses, and
for other purposes.
S. 914
At the request of Mr. CARPER, the
name of the Senator from Mississippi
(Mr. WICKER) was added as a cosponsor
of S. 914, a bill to amend the Safe
Drinking Water Act and the Federal
Water Pollution Control Act to reau-
thorize programs under those Acts, and
for other purposes.
S. 915
At the request of Mr. SANDERS, the
names of the Senator from New Mexico
(Mr. HEINRICH), the Senator from Mas-
sachusetts (Ms. WARREN), the Senator
from Oregon (Mr. MERKLEY), the Sen-
ator from Oregon (Mr. WYDEN) and the
Senator from California (Mr. PADILLA)
were added as cosponsors of S. 915, a
bill to repeal section 3003 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for
Fiscal Year 2015, and for other pur-
poses.
S. 916
At the request of Mr. SANDERS, the
names of the Senator from Connecticut
(Mr. BLUMENTHAL), the Senator from
Oregon (Mr. MERKLEY) and the Senator
from Oregon (Mr. WYDEN) were added
as cosponsors of S. 916, a bill to provide
adequate funding for water and sewer
infrastructure, and for other purposes.
S. 938
At the request of Mr. SANDERS, the
names of the Senator from Oregon (Mr.
MERKLEY) and the Senator from Massa-
chusetts (Ms. WARREN) were added as
cosponsors of S. 938, a bill to require
the President to declare a national
emergency relating to climate change
under the National Emergencies Act,
and for other purposes.
S. 942
At the request of Ms. BALDWIN, the
name of the Senator from California
(Mr. PADILLA) was added as a cosponsor
of S. 942, a bill to provide that the rule
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CONGRESSIONAL RECORD — SENATE
S1819
March 25, 2021
entitled ‘‘Short-Term, Limited Dura-
tion Insurance’’ shall have no force or
effect.
S. 960
At the request of Mr. CRUZ, the name
of the Senator from Mississippi (Mr.
WICKER) was added as a cosponsor of S.
960, a bill to provide for proper treat-
ment of Taiwan government represent-
atives.
S. RES. 43
At the request of Mr. MARKEY, the
name of the Senator from Maryland
(Mr. VAN HOLLEN) was added as a co-
sponsor of S. Res. 43, a resolution rec-
ognizing the duty of the Federal Gov-
ernment to implement an agenda to
Transform, Heal, and Renew by Invest-
ing
in
a
Vibrant
Economy
(‘‘THRIVE’’).
At the request of Mr. HEINRICH, his
name was added as a cosponsor of S.
Res. 43, supra.
S. RES. 46
At the request of Mr. SCHUMER, the
name of the Senator from California
(Mr. PADILLA) was added as a cosponsor
of S. Res. 46, a resolution calling on the
President of the United States to take
executive action to broadly cancel Fed-
eral student loan debt.
S. RES. 99
At the request of Mr. MENENDEZ, the
name of the Senator from Illinois (Mr.
DURBIN) was added as a cosponsor of S.
Res. 99, a resolution observing the 10th
anniversary of the uprising in Syria.
S. RES. 132
At the request of Mr. INHOFE, the
name of the Senator from Oklahoma
(Mr. LANKFORD) was added as a cospon-
sor of S. Res. 132, a resolution express-
ing the sense of the Senate that the
current influx of migrants is causing a
crisis at the Southern border.
S. RES. 133
At the request of Ms. HIRONO, the
names of the Senator from Arizona
(Ms. SINEMA), the Senator from New
Hampshire (Ms. HASSAN) and the Sen-
ator from Michigan (Mr. PETERS) were
added as cosponsors of S. Res. 133, a
resolution condemning all forms of
anti-Asian sentiment as related to
COVID–19.
S. RES. 134
At the request of Mr. LEE, the names
of the Senator from Texas (Mr. CRUZ),
the
Senator
from
Nebraska
(Mrs.
FISCHER), the Senator from South Da-
kota (Mr. ROUNDS) and the Senator
from Texas (Mr. CORNYN) were added as
cosponsors of S. Res. 134, a resolution
expressing the sense of the Senate that
the President should work with the
Government of the United Kingdom to
conclude negotiations for a comprehen-
sive free trade agreement between the
United States and the United Kingdom.
S. RES. 135
At the request of Ms. CORTEZ MASTO,
the name of the Senator from Con-
necticut (Mr. MURPHY) was added as a
cosponsor of S. Res. 135, a resolution
recognizing the heritage, culture, and
contributions of Latinas in the United
States.
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. KAINE (for himself and
Mr. WARNER):
S. 1000. A bill to designate additions
to the Rough Mountain Wilderness and
the Rich Hole Wilderness of the George
Washington National Forest, and for
other purposes; to the Committee on
Agriculture, Nutrition, and Forestry.
Mr. KAINE. Mr. President, this bill
authorizes additions to two existing
wilderness areas within the George
Washington National Forest in Bath
County, VA. This text represents years
of negotiation and compromise among
Virginia stakeholders who rely in dif-
ferent ways on the GW Forest.
In many parts of America, Federal
land
management
is
controversial.
Some may view these lands as reposi-
tories for timber, energy, or minerals.
Others may enjoy using recreational
trails through them. Others may be-
lieve that they should be left to nature
and not disturbed. The truth, of course,
is that all of these uses are important;
the conflict lies in agreeing on which
lands are best suited to which pur-
poses.
In the lead-up to the latest multiyear
GW Forest Management Plan, various
forest users came together to see if
they
could
find
reasonable
com-
promises that would avoid years of un-
productive disagreement and litiga-
tion. This group, known as the George
Washington National Forest Stake-
holder
Collaborative,
succeeded.
Through hard work and consensus, the
collaborative made joint recommenda-
tions to the U.S. Forest Service for for-
est management and protection. Pres-
ervation advocates consented to timber
harvest and other active forest restora-
tion and management in certain areas,
while forest products interests con-
sented to wilderness and light manage-
ment in other areas. Following this
fruitful collaboration, the Forest Serv-
ice convened the Lower Cowpasture
Restoration and Management Project,
bringing together the collaborative and
other stakeholders to help develop
management activities on this par-
ticular part of the forest in Bath Coun-
ty. Again, this collaborative succeeded,
with everyone getting some of what
they want and giving some ground.
The collaborative has now come to-
gether to support the wilderness addi-
tions in this bill, which designates 4,500
acres to be added to the Rich Hole Wil-
derness Area and 1,000 acres to be
added to the Rough Mountain Wilder-
ness Area. I am proud to partner on
this with my colleague Senator MARK
WARNER, and we are following in the
path blazed by Senator John Warner
and Representative Rick Boucher, who
led the original Virginia Wilderness
Act in 1984. I am further proud that
this bill passed unanimously in the
Senate last Congress and as part of a
package passed the House this Con-
gress. I hope it will cross the finish line
soon.
Taking care of our Nation’s public
lands is good for the economy and good
for the environment. Land disputes
may often be contentious, but this ex-
ample proves they don’t have to be.
When everyone comes to the table and
invests the necessary time, we can find
common ground. I hope this will be a
lesson for us in other tough policy
challenges, and I encourage the Senate
to support this bill.
By Mr. DURBIN (for himself, Mr.
LEE, Mr. LEAHY, Mr. WHITE-
HOUSE,
Mr.
WYDEN,
Mr.
BLUMENTHAL, Ms. BALDWIN, Mr.
BOOKER,
Ms.
WARREN,
Mr.
SANDERS, Mr. KING, Mr. KAINE,
and Mr. WICKER):
S. 1013. A bill to focus limited Fed-
eral resources on the most serious of-
fenders; to the Committee on the Judi-
ciary.
Mr. DURBIN. Mr. President, I ask
unanimous consent that the text of the
bill be printed in the RECORD.
There being no objection, the text of
the bill was ordered to be printed in
the RECORD, as follows:
S. 1013
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Smarter
Sentencing Act of 2021’’.
SEC. 2. SENTENCING MODIFICATIONS FOR CER-
TAIN DRUG OFFENSES.
(a) CONTROLLED
SUBSTANCES
ACT.—The
Controlled Substances Act (21 U.S.C. 801 et
seq.) is amended—
(1) in section 102 (21 U.S.C. 802)—
(A) by redesignating paragraph (58) as
paragraph (59);
(B) by redesignating the second paragraph
(57) (relating to ‘‘serious drug felony’’) as
paragraph (58); and
(C) by adding at the end the following:
‘‘(60) The term ‘courier’ means a defendant
whose role in the offense was limited to
transporting or storing drugs or money.’’;
and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))—
(A) in subparagraph (A), in the flush text
following clause (viii)—
(i) by striking ‘‘10 years or more’’ and in-
serting ‘‘5 years or more’’; and
(ii) by striking ‘‘15 years’’ and inserting
‘‘10 years’’; and
(B) in subparagraph (B), in the flush text
following clause (viii)—
(i) by striking ‘‘5 years’’ and inserting ‘‘2
years’’; and
(ii) by striking ‘‘not be less than 10 years’’
and inserting ‘‘not be less than 5 years’’.
(b) CONTROLLED SUBSTANCES IMPORT
AND
EXPORT
ACT.—Section 1010(b) of the Con-
trolled Substances Import and Export Act (21
U.S.C. 960(b)) is amended—
(1) in paragraph (1), in the flush text fol-
lowing subparagraph (H)—
(A) by inserting ‘‘, other than a person who
is a courier,’’ after ‘‘such violation’’;
(B) by striking ‘‘person commits’’ and in-
serting ‘‘person, other than a courier, com-
mits’’; and
(C) by inserting ‘‘If a person who is a cou-
rier commits such a violation, the person
shall be sentenced to a term of imprisonment
of not less than 5 years and not more than
life. If a person who is a courier commits
such a violation after a prior conviction for
a felony drug offense has become final, the
person shall be sentenced to a term of im-
prisonment of not less than 10 years and not
more than life.’’ before ‘‘Notwithstanding
section 3583’’; and
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CONGRESSIONAL RECORD — SENATE
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(2) in paragraph (2), in the flush text fol-
lowing subparagraph (H)—
(A) by inserting ‘‘, other than a person who
is a courier,’’ after ‘‘such violation’’;
(B) by striking ‘‘person commits’’ and in-
serting ‘‘person, other than a courier, com-
mits’’; and
(C) by inserting ‘‘If a person who is a cou-
rier commits such a violation, the person
shall be sentenced to a term of imprisonment
of not less than 2 years and not more than
life. If a person who is a courier commits
such a violation after a prior conviction for
a felony drug offense has become final, the
person shall be sentenced to a term of im-
prisonment of not less than 5 years and not
more than life.’’ before ‘‘Notwithstanding
section 3583’’.
(c) APPLICABILITY
TO PENDING
AND PAST
CASES.—
(1) DEFINITION.—In this subsection, the
term ‘‘covered offense’’ means a violation of
a Federal criminal statute, the statutory
penalties for which were modified by this
section.
(2) PENDING CASES.—This section, and the
amendments made by this section, shall
apply to any sentence imposed after the date
of enactment of this Act, regardless of when
the offense was committed.
(3) PAST CASES.—In the case of a defendant
who, before the date of enactment of this
Act, was convicted or sentenced for a cov-
ered offense, the sentencing court may, on
motion of the defendant, the Bureau of Pris-
ons, the attorney for the Government, or on
its own motion, impose a reduced sentence
after considering the factors set forth in sec-
tion 3553(a) of title 18, United States Code.
SEC. 3. DIRECTIVE TO THE SENTENCING COMMIS-
SION.
(a) DIRECTIVE TO SENTENCING COMMISSION.—
Pursuant to its authority under section
994(p) of title 28, United States Code, and in
accordance with this section, the United
States Sentencing Commission shall review
and amend, if appropriate, its guidelines and
its policy statements applicable to persons
convicted of an offense under section 401 of
the Controlled Substances Act (21 U.S.C. 841)
or section 1010 of the Controlled Substances
Import and Export Act (21 U.S.C. 960) to en-
sure that the guidelines and policy state-
ments are consistent with the amendments
made by section 2 of this Act.
(b) CONSIDERATIONS.—In carrying out this
section, the United States Sentencing Com-
mission shall consider—
(1) the mandate of the United States Sen-
tencing Commission, under section 994(g) of
title 28, United States Code, to formulate the
sentencing guidelines in such a way as to
‘‘minimize the likelihood that the Federal
prison population will exceed the capacity of
the Federal prisons’’;
(2) the findings and conclusions of the
United States Sentencing Commission in its
October 2011 report to Congress entitled,
Mandatory Minimum Penalties in the Fed-
eral Criminal Justice System;
(3) the fiscal implications of any amend-
ments or revisions to the sentencing guide-
lines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns in-
volved in the considerations before the
United States Sentencing Commission;
(5) the intent of Congress that penalties for
violent, repeat, and serious drug traffickers
who present public safety risks remain ap-
propriately severe; and
(6) the need to reduce and prevent racial
disparities in Federal sentencing.
(c) EMERGENCY
AUTHORITY.—The United
States Sentencing Commission shall—
(1) promulgate the guidelines, policy state-
ments, or amendments provided for in this
Act as soon as practicable, and in any event
not later than 120 days after the date of en-
actment of this Act, in accordance with the
procedure set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note), as
though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority
provided under paragraph (1), make such
conforming amendments to the Federal sen-
tencing guidelines as the Commission deter-
mines necessary to achieve consistency with
other guideline provisions and applicable
law.
SEC. 4. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of
enactment of this Act, the Attorney General
shall submit to the Committees on the Judi-
ciary of the House of Representatives and
the Senate a report outlining how the re-
duced expenditures on Federal corrections
and the cost savings resulting from this Act
will be used to help reduce overcrowding in
the Federal Bureau of Prisons, help increase
proper investment in law enforcement and
crime prevention, and help reduce criminal
recidivism, thereby increasing the effective-
ness of Federal criminal justice spending.
SEC. 5. REPORT ON FEDERAL CRIMINAL OF-
FENSES.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘criminal regulatory offense’’
means a Federal regulation that is enforce-
able by a criminal penalty; and
(2) the term ‘‘criminal statutory offense’’
means a criminal offense under a Federal
statute.
(b) REPORT
ON CRIMINAL STATUTORY OF-
FENSES.—Not later than 1 year after the date
of enactment of this Act, the Attorney Gen-
eral shall submit to the Committee on the
Judiciary of the Senate and the Committee
on the Judiciary of the House of Representa-
tives a report, which shall include—
(1) a list of all criminal statutory offenses,
including a list of the elements for each
criminal statutory offense; and
(2) for each criminal statutory offense list-
ed under paragraph (1)—
(A) the potential criminal penalty for the
criminal statutory offense;
(B) the number of prosecutions for the
criminal statutory offense brought by the
Department of Justice each year for the 15-
year period preceding the date of enactment
of this Act; and
(C) the mens rea requirement for the
criminal statutory offense.
(c) REPORT ON CRIMINAL REGULATORY OF-
FENSES.—
(1) REPORTS.—Not later than 1 year after
the date of enactment of this Act, the head
of each Federal agency described in para-
graph (2) shall submit to the Committee on
the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Rep-
resentatives a report, which shall include—
(A) a list of all criminal regulatory of-
fenses enforceable by the agency; and
(B) for each criminal regulatory offense
listed under subparagraph (A)—
(i) the potential criminal penalty for a vio-
lation of the criminal regulatory offense;
(ii) the number of violations of the crimi-
nal regulatory offense referred to the De-
partment of Justice for prosecution in each
of the years during the 15-year period pre-
ceding the date of enactment of this Act; and
(iii) the mens rea requirement for the
criminal regulatory offense.
(2)
AGENCIES
DESCRIBED.—The
Federal
agencies described in this paragraph are the
Department of Agriculture, the Department
of Commerce, the Department of Education,
the Department of Energy, the Department
of Health and Human Services, the Depart-
ment of Homeland Security, the Department
of Housing and Urban Development, the De-
partment of the Interior, the Department of
Labor, the Department of Transportation,
the Department of the Treasury, the Com-
modity Futures Trading Commission, the
Consumer Product Safety Commission, the
Equal Employment Opportunity Commis-
sion, the Export-Import Bank of the United
States, the Farm Credit Administration, the
Federal Communications Commission, the
Federal Deposit Insurance Corporation, the
Federal Election Commission, the Federal
Labor Relations Authority, the Federal Mar-
itime Commission, the Federal Mine Safety
and Health Review Commission, the Federal
Trade Commission, the National Labor Rela-
tions Board, the National Transportation
Safety Board, the Nuclear Regulatory Com-
mission, the Occupational Safety and Health
Review Commission, the Office of Compli-
ance, the Postal Regulatory Commission, the
Securities and Exchange Commission, the
Securities Investor Protection Corporation,
the Environmental Protection Agency, the
Small Business Administration, the Federal
Housing Finance Agency, and the Office of
Government Ethics.
(d) INDEX.—Not later than 2 years after the
date of enactment of this Act—
(1) the Attorney General shall establish a
publically accessible index of each criminal
statutory offense listed in the report re-
quired under subsection (b) and make the
index available and freely accessible on the
website of the Department of Justice; and
(2) the head of each agency described in
subsection (c)(2) shall establish a publically
accessible index of each criminal regulatory
offense listed in the report required under
subsection (c)(1) and make the index avail-
able and freely accessible on the website of
the agency.
(e) RULE
OF
CONSTRUCTION.—Nothing in
this section shall be construed to require or
authorize appropriations.
By Mr. DURBIN (for himself and
Mr. GRASSLEY):
S. 1014. A bill to reform sentencing
laws and correctional institutions, and
for other purposes; to the Committee
on the Judiciary.
Mr. DURBIN. Mr. President, I ask
unanimous consent that the text of the
bill be printed in the RECORD.
There being no objection, the text of
the bill was ordered to be printed in
the RECORD, as follows:
S. 1014
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as
the ‘‘First Step Implementation Act of 2021’’.
(b) TABLE OF CONTENTS.—The table of con-
tents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—SENTENCING REFORM
Sec. 101. Application of First Step Act.
Sec. 102. Modifying safety valve for drug of-
fenses.
TITLE II—CORRECTIONS REFORM
Sec. 201. Parole for juveniles.
Sec. 202. Juvenile sealing and expungement.
Sec. 203. Ensuring
accuracy
of
Federal
criminal records.
TITLE I—SENTENCING REFORM
SEC. 101. APPLICATION OF FIRST STEP ACT.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered offense’’ means—
(A) a violation of a Federal criminal stat-
ute, the statutory penalties for which were
modified by section 401 or 403 of the First
Step Act of 2018 (Public Law 115–391; 132 Stat.
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CONGRESSIONAL RECORD — SENATE
S1821
March 25, 2021
5220), that was committed on or before De-
cember 21, 2018; or
(B) a violation of a Federal criminal stat-
ute, the statutory penalties for which are
modified by subsection (b) of this section;
and
(2) the term ‘‘serious violent felony’’ has
the meaning given that term in section 102 of
the Controlled Substances Act (21 U.S.C.
802).
(b) AMENDMENTS.—
(1) IN GENERAL.—
(A) CONTROLLED SUBSTANCES ACT.—Section
401(b) of the Controlled Substances Act (21
U.S.C. 841) is amended—
(i) in paragraph (1)—
(I) in subparagraph (C), by striking ‘‘felony
drug offense’’ and inserting ‘‘serious drug fel-
ony or serious violent felony’’;
(II) in subparagraph (D), by striking ‘‘fel-
ony drug offense’’ and inserting ‘‘serious
drug felony or serious violent felony’’; and
(III) in subparagraph (E)(ii), by striking
‘‘felony drug offense’’ and inserting ‘‘serious
drug felony or serious violent felony’’;
(ii) in paragraph (2), by striking ‘‘felony
drug offense’’ and inserting ‘‘serious drug fel-
ony or serious violent felony’’; and
(iii) in paragraph (3), by striking ‘‘felony
drug offense’’ and inserting ‘‘serious drug fel-
ony or serious violent felony’’.
(B) CONTROLLED
SUBSTANCES
IMPORT
AND
EXPORT ACT.—Section 1010(b)(3) of the Con-
trolled Substances Import and Export Act (21
U.S.C. 960(b)(3)) is amended by striking ‘‘fel-
ony drug offense’’ and inserting ‘‘serious
drug felony or serious violent felony’’.
(2) PENDING
CASES.—This subsection, and
the amendments made by this subsection,
shall apply to any sentence imposed on or
after the date of enactment of this Act, re-
gardless of when the offense was committed.
(c) DEFENDANTS PREVIOUSLY SENTENCED.—
A court that imposed a sentence for a cov-
ered offense may, on motion of the defend-
ant, the Director of the Bureau of Prisons,
the attorney for the Government, or the
court, impose a reduced sentence as if sec-
tions 401 and 403 of the First Step Act of 2018
(Public Law 115–391; 132 Stat. 5220) and the
amendments made by subsection (b) of this
section were in effect at the time the cov-
ered offense was committed if, after consid-
ering the factors set forth in section 3553(a)
of title 18, United States Code, the nature
and seriousness of the danger to any person,
the community, or any crime victims, and
the post-sentencing conduct of the defend-
ant, the sentencing court finds a reduction is
consistent with the amendments made by
section 401 or 403 of the First Step Act of 2018
(Public Law 115–391; 132 Stat. 5220) or with
subsection (b) of this section.
(d) CRIME VICTIMS.—Any proceeding under
this section shall be subject to section 3771 of
title 18, United States Code (commonly
known as the ‘‘Crime Victims Rights Act’’).
(e) REQUIREMENT.—For each motion filed
under subsection (b), the Government shall
conduct a particularized inquiry of the facts
and circumstances of the original sentencing
of the defendant in order to assess whether a
reduction in sentence would be consistent
with the First Step Act of 2018 (Public Law
115–391; 132 Stat. 5194) and the amendments
made by that Act, including a review of any
prior criminal conduct or any other relevant
information from Federal, State, and local
authorities.
SEC. 102. MODIFYING SAFETY VALVE FOR DRUG
OFFENSES.
(a) AMENDMENTS.—Section 3553 of title 18,
United States Code, is amended—
(1) by redesignating subsection (g) as sub-
section (h); and
(2) by inserting after subsection (f) the fol-
lowing:
‘‘(g) INADEQUACY OF CRIMINAL HISTORY.—
‘‘(1) IN GENERAL.—If subsection (f) does not
apply to a defendant because the defendant
does not meet the requirements described in
subsection (f)(1) (relating to criminal his-
tory), the court may, upon prior notice to
the Government, waive subsection (f)(1) if
the court specifies in writing the specific
reasons why reliable information indicates
that excluding the defendant pursuant to
subsection (f)(1) substantially overrepresents
the seriousness of the defendant’s criminal
history or the likelihood that the defendant
will commit other crimes.
‘‘(2) PROHIBITION.—This subsection shall
not apply to any defendant who has been
convicted of a serious drug felony or a seri-
ous violent felony as defined in paragraphs
(57) and (58), respectively, of section 102 of
the Controlled Substances Act (21 U.S.C.
802).’’.
TITLE II—CORRECTIONS REFORM
SEC. 201. PAROLE FOR JUVENILES.
(a) IN GENERAL.—Chapter 403 of title 18,
United States Code, is amended by inserting
after section 5032 the following:
‘‘§ 5032A. Modification of an imposed term of
imprisonment for violations of law com-
mitted prior to age 18
‘‘(a) IN
GENERAL.—Notwithstanding any
other provision of law, a court may reduce a
term of imprisonment imposed upon a de-
fendant convicted as an adult for an offense
committed and completed before the defend-
ant attained 18 years of age if—
‘‘(1) the defendant has served not less than
20 years in custody for the offense; and
‘‘(2) the court finds, after considering the
factors set forth in subsection (c), that the
defendant is not a danger to the safety of
any person or the community and that the
interests of justice warrant a sentence modi-
fication.
‘‘(b) SUPERVISED RELEASE.—Any defendant
whose sentence is reduced pursuant to sub-
section (a) shall be ordered to serve a period
of supervised release of not less than 5 years
following release from imprisonment. The
conditions of supervised release and any
modification or revocation of the term of su-
pervise release shall be in accordance with
section 3583.
‘‘(c) FACTORS AND INFORMATION TO BE CON-
SIDERED IN DETERMINING WHETHER TO MODIFY
A TERM OF IMPRISONMENT.—The court, in de-
termining whether to reduce a term of im-
prisonment pursuant to subsection (a), shall
consider—
‘‘(1) the factors described in section 3553(a),
including the nature of the offense and the
history and characteristics of the defendant;
‘‘(2) the age of the defendant at the time of
the offense;
‘‘(3) a report and recommendation of the
Bureau of Prisons, including information on
whether the defendant has substantially
complied with the rules of each institution
in which the defendant has been confined and
whether the defendant has completed any
educational, vocational, or other prison pro-
gram, where available;
‘‘(4) a report and recommendation of the
United States attorney for any district in
which an offense for which the defendant is
imprisoned was prosecuted;
‘‘(5) whether the defendant has dem-
onstrated maturity, rehabilitation, and a fit-
ness to reenter society sufficient to justify a
sentence reduction;
‘‘(6) any statement, which may be pre-
sented orally or otherwise, by any victim of
an offense for which the defendant is impris-
oned or by a family member of the victim if
the victim is deceased;
‘‘(7) any report from a physical, mental, or
psychiatric examination of the defendant
conducted by a licensed health care profes-
sional;
‘‘(8)
the
family
and
community
cir-
cumstances of the defendant at the time of
the offense, including any history of abuse,
trauma, or involvement in the child welfare
system;
‘‘(9) the extent of the role of the defendant
in the offense and whether, and to what ex-
tent, an adult was involved in the offense;
‘‘(10) the diminished culpability of juve-
niles as compared to that of adults, and the
hallmark features of youth, including imma-
turity, impetuosity, and failure to appre-
ciate risks and consequences, which counsel
against sentencing juveniles to the otherwise
applicable term of imprisonment; and
‘‘(11) any other information the court de-
termines relevant to the decision of the
court.
‘‘(d) LIMITATION
ON APPLICATIONS PURSU-
ANT TO THIS SECTION.—
‘‘(1) SECOND APPLICATION.—Not earlier than
5 years after the date on which an order en-
tered by a court on an initial application
under this section becomes final, a court
shall entertain a second application by the
same defendant under this section.
‘‘(2) FINAL APPLICATION.—Not earlier than 5
years after the date on which an order en-
tered by a court on a second application
under paragraph (1) becomes final, a court
shall entertain a final application by the
same defendant under this section.
‘‘(3) PROHIBITION.—A court may not enter-
tain an application filed after an application
filed under paragraph (2) by the same defend-
ant.
‘‘(e) PROCEDURES.—
‘‘(1) NOTICE.—The Bureau of Prisons shall
provide written notice of this section to—
‘‘(A) any defendant who has served not less
than 19 years in prison for an offense com-
mitted and completed before the defendant
attained 18 years of age for which the defend-
ant was convicted as an adult; and
‘‘(B) the sentencing court, the United
States attorney, and the Federal Public De-
fender or Executive Director of the Commu-
nity Defender Organization for the judicial
district in which the sentence described in
subparagraph (A) was imposed.
‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving
notice under paragraph (1), the United States
attorney shall provide any notifications re-
quired under section 3771.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—An application for a sen-
tence reduction under this section shall be
filed as a motion to reduce the sentence of
the defendant and may include affidavits or
other written material.
‘‘(B) REQUIREMENT.—A motion to reduce a
sentence under this section shall be filed
with the sentencing court and a copy shall
be served on the United States attorney for
the judicial district in which the sentence
was imposed.
‘‘(4) EXPANDING THE RECORD; HEARING.—
‘‘(A) EXPANDING THE RECORD.—After the fil-
ing of a motion to reduce a sentence under
this section, the court may direct the parties
to expand the record by submitting addi-
tional written materials relating to the mo-
tion.
‘‘(B) HEARING.—
‘‘(i) IN GENERAL.—The court shall conduct
a hearing on the motion, at which the de-
fendant and counsel for the defendant shall
be given the opportunity to be heard.
‘‘(ii) EVIDENCE.—In a hearing under this
section, the court may allow parties to
present evidence.
‘‘(iii) DEFENDANT’S PRESENCE.—At a hear-
ing under this section, the defendant shall be
present unless the defendant waives the
right to be present. The requirement under
this clause may be satisfied by the defendant
appearing by video teleconference.
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‘‘(iv) COUNSEL.—A defendant who is unable
to obtain counsel is entitled to have counsel
appointed to represent the defendant for pro-
ceedings under this section, including any
appeal, unless the defendant waives the right
to counsel.
‘‘(v) FINDINGS.—The court shall state in
open court, and file in writing, the reasons
for granting or denying a motion under this
section.
‘‘(C) APPEAL.—The Government or the de-
fendant may file a notice of appeal in the
district court for review of a final order
under this section. The time limit for filing
such appeal shall be governed by rule 4(a) of
the Federal Rules of Appellate Procedure.
‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO-
GRAMS.—A defendant who is convicted and
sentenced as an adult for an offense com-
mitted and completed before the defendant
attained 18 years of age may not be deprived
of any educational, training, or rehabilita-
tive program that is otherwise available to
the general prison population.’’.
(b) TABLE OF SECTIONS.—The table of sec-
tions for chapter 403 of title 18, United
States Code, is amended by inserting after
the item relating to section 5032 the fol-
lowing:
‘‘5032A. Modification of an imposed term of
imprisonment for violations of
law committed prior to age
18.’’.
(c) APPLICABILITY.—The amendments made
by this section shall apply to any conviction
entered before, on, or after the date of enact-
ment of this Act.
SEC.
202.
JUVENILE
SEALING
AND
EXPUNGEMENT.
(a) PURPOSE.—The purpose of this section
is to—
(1) protect children and adults against
damage stemming from their juvenile acts
and subsequent juvenile delinquency records,
including law enforcement, arrest, and court
records; and
(2) prevent the unauthorized use or disclo-
sure of confidential juvenile delinquency
records and any potential employment, fi-
nancial, psychological, or other harm that
would result from such unauthorized use or
disclosure.
(b) DEFINITIONS.—Section 5031 of title 18,
United States Code, is amended to read as
follows:
‘‘§ 5031. Definitions
‘‘In this chapter—
‘‘(1) the term ‘adjudication’ means a deter-
mination by a judge that a person com-
mitted an act of juvenile delinquency;
‘‘(2) the term ‘conviction’ means a judg-
ment or disposition in criminal court against
a person following a finding of guilt by a
judge or jury;
‘‘(3) the term ‘destroy’ means to render a
file unreadable, whether paper, electronic, or
otherwise stored, by shredding, pulverizing,
pulping, incinerating, overwriting, refor-
matting the media, or other means;
‘‘(4) the term ‘expunge’ means to destroy a
record and obliterate the name of the person
to whom the record pertains from each offi-
cial index or public record;
‘‘(5) the term ‘expungement hearing’ means
a hearing held under section 5045(b)(2)(B);
‘‘(6)
the
term
‘expungement
petition’
means a petition for expungement filed
under section 5045(b);
‘‘(7) the term ‘high-risk, public trust posi-
tion’ means a position designated as a public
trust position under section 731.106(b) of title
5, Code of Federal Regulations, or any suc-
cessor regulation;
‘‘(8) the term ‘juvenile’ means—
‘‘(A) except as provided in subparagraph
(B), a person who has not attained the age of
18 years; and
‘‘(B) for the purpose of proceedings and dis-
position under this chapter for an alleged act
of juvenile delinquency, a person who has
not attained the age of 21 years;
‘‘(9) the term ‘juvenile delinquency’ means
the violation of a law of the United States
committed by a person before attaining the
age of 18 years which would have been a
crime if committed by an adult, or a viola-
tion by such a person of section 922(x);
‘‘(10) the term ‘juvenile nonviolent offense’
means—
‘‘(A) in the case of an arrest or an adju-
dication that is dismissed or finds the juve-
nile to be not delinquent, an act of juvenile
delinquency that is not—
‘‘(i) a criminal homicide, forcible rape or
any other sex offense (as defined in section
111 of the Sex Offender Registration and No-
tification Act (34 U.S.C. 20911)), kidnapping,
aggravated assault, robbery, burglary of an
occupied structure, arson, or a drug traf-
ficking crime in which a firearm was used; or
‘‘(ii) a Federal crime of terrorism (as de-
fined in section 2332b(g)); and
‘‘(B) in the case of an adjudication that
finds the juvenile to be delinquent, an act of
juvenile delinquency that is not—
‘‘(i) described in clause (i) or (ii) of sub-
paragraph (A); or
‘‘(ii) a misdemeanor crime of domestic vio-
lence (as defined in section 921(a)(33));
‘‘(11) the term ‘juvenile record’—
‘‘(A) means a record maintained by a
court, the probation system, a law enforce-
ment agency, or any other government agen-
cy, of the juvenile delinquency proceedings
of a person;
‘‘(B) includes—
‘‘(i) a juvenile legal file, including a formal
document such as a petition, notice, motion,
legal memorandum, order, or decree;
‘‘(ii) a social record, including—
‘‘(I) a record of a probation officer;
‘‘(II) a record of any government agency
that keeps records relating to juvenile delin-
quency;
‘‘(III) a medical record;
‘‘(IV) a psychiatric or psychological record;
‘‘(V) a birth certificate;
‘‘(VI) an education record, including an in-
dividualized education plan;
‘‘(VII) a detention record;
‘‘(VIII)
demographic
information
that
identifies a juvenile or the family of a juve-
nile; or
‘‘(IX) any other record that includes per-
sonally identifiable information that may be
associated with a juvenile delinquency pro-
ceeding, an act of juvenile delinquency, or an
alleged act of juvenile delinquency; and
‘‘(iii) a law enforcement record, including a
photograph or a State criminal justice infor-
mation system record; and
‘‘(C) does not include—
‘‘(i) fingerprints; or
‘‘(ii) a DNA sample;
‘‘(12) the term ‘petitioner’ means a person
who files an expungement petition or a seal-
ing petition;
‘‘(13) the term ‘seal’ means—
‘‘(A) to close a record from public viewing
so that the record cannot be examined ex-
cept by court order; and
‘‘(B) to physically seal the record shut and
label the record ‘SEALED’ or, in the case of
an electronic record, the substantive equiva-
lent;
‘‘(14) the term ‘sealing hearing’ means a
hearing held under section 5044(b)(2)(B); and
‘‘(15) the term ‘sealing petition’ means a
petition for a sealing order filed under sec-
tion 5044(b).’’.
(c) CONFIDENTIALITY.—Section 5038 of title
18, United States Code, is amended—
(1) in subsection (a), in the flush text fol-
lowing paragraph (6), by inserting after
‘‘bonding,’’ the following: ‘‘participation in
an educational system,’’; and
(2) in subsection (b), by striking ‘‘District
courts exercising jurisdiction over any juve-
nile’’ and inserting the following: ‘‘Not later
than 7 days after the date on which a district
court exercises jurisdiction over a juvenile,
the district court’’.
(d) SEALING; EXPUNGEMENT.—
(1) IN
GENERAL.—Chapter 403 of title 18,
United States Code, is amended by adding at
the end the following:
‘‘§ 5044. Sealing
‘‘(a) AUTOMATIC
SEALING
OF
NONVIOLENT
OFFENSES.—
‘‘(1) IN
GENERAL.—Three years after the
date on which a person who is adjudicated
delinquent under this chapter for a juvenile
nonviolent offense completes every term of
probation, official detention, or juvenile de-
linquent supervision ordered by the court
with respect to the offense, the court shall
order the sealing of each juvenile record or
portion thereof that relates to the offense if
the person—
‘‘(A) has not been convicted of a crime or
adjudicated delinquent for an act of juvenile
delinquency since the date of the disposition;
and
‘‘(B) is not engaged in active criminal
court proceedings or juvenile delinquency
proceedings.
‘‘(2) AUTOMATIC NATURE OF SEALING.—The
order of sealing under paragraph (1) shall re-
quire no action by the person whose juvenile
records are to be sealed.
‘‘(3) NOTICE
OF
AUTOMATIC
SEALING.—A
court that orders the sealing of a juvenile
record of a person under paragraph (1) shall,
in writing, inform the person of the sealing
and the benefits of sealing the record.
‘‘(b) PETITIONING
FOR EARLY SEALING
OF
NONVIOLENT OFFENSES.—
‘‘(1) RIGHT TO FILE SEALING PETITION.—
‘‘(A) IN GENERAL.—During the 3-year period
beginning on the date on which a person who
is adjudicated delinquent under this chapter
for a juvenile nonviolent offense completes
every term of probation, official detention,
or juvenile delinquent supervision ordered by
the court with respect to the offense, the
person may petition the court to seal the ju-
venile records that relate to the offense, un-
less the person—
‘‘(i) has been convicted of a crime or adju-
dicated delinquent for an act of juvenile de-
linquency since the date of the disposition;
or
‘‘(ii) is engaged in active criminal court
proceedings or juvenile delinquency pro-
ceedings.
‘‘(B) NOTICE OF OPPORTUNITY TO FILE PETI-
TION.—If a person is adjudicated delinquent
for a juvenile nonviolent offense, the court
in which the person is adjudicated delin-
quent shall, in writing, inform the person of
the potential eligibility of the person to file
a sealing petition with respect to the offense
upon completing every term of probation, of-
ficial detention, or juvenile delinquent su-
pervision ordered by the court with respect
to the offense, and the necessary procedures
for filing the sealing petition—
‘‘(i) on the date on which the individual is
adjudicated delinquent; and
‘‘(ii) on the date on which the individual
has completed every term of probation, offi-
cial detention, or juvenile delinquent super-
vision ordered by the court with respect to
the offense.
‘‘(2) PROCEDURES.—
‘‘(A) NOTIFICATION
TO
PROSECUTOR.—If a
person files a sealing petition with respect to
a juvenile nonviolent offense, the court in
which the petition is filed shall provide no-
tice of the petition—
‘‘(i) to the Attorney General; and
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‘‘(ii) upon the request of the petitioner, to
any other individual that the petitioner de-
termines may testify as to—
‘‘(I) the conduct of the petitioner since the
date of the offense; or
‘‘(II) the reasons that the sealing order
should be entered.
‘‘(B) HEARING.—
‘‘(i) IN GENERAL.—If a person files a sealing
petition, the court shall—
‘‘(I) except as provided in clause (iii), con-
duct a hearing in accordance with clause (ii);
and
‘‘(II) determine whether to enter a sealing
order for the person in accordance with sub-
paragraph (C).
‘‘(ii) OPPORTUNITY
TO
TESTIFY
AND
OFFER
EVIDENCE.—
‘‘(I) PETITIONER.—The petitioner may tes-
tify or offer evidence at the sealing hearing
in support of sealing.
‘‘(II) PROSECUTOR.—The Attorney General
may send a representative to testify or offer
evidence at the sealing hearing in support of
or against sealing.
‘‘(III) OTHER
INDIVIDUALS.—An individual
who receives notice under subparagraph
(A)(ii) may testify or offer evidence at the
sealing hearing as to the issues described in
subclauses (I) and (II) of that subparagraph.
‘‘(iii) WAIVER
OF
HEARING.—If the peti-
tioner and the Attorney General so agree,
the court shall make a determination under
subparagraph (C) without a hearing.
‘‘(C) BASIS FOR DECISION.—The court shall
determine whether to grant the sealing peti-
tion after considering—
‘‘(i) the sealing petition and any docu-
ments in the possession of the court;
‘‘(ii) all the evidence and testimony pre-
sented at the sealing hearing, if such a hear-
ing is conducted;
‘‘(iii) the best interests of the petitioner;
‘‘(iv) the age of the petitioner during his or
her contact with the court or any law en-
forcement agency;
‘‘(v) the nature of the juvenile nonviolent
offense;
‘‘(vi) the disposition of the case;
‘‘(vii) the manner in which the petitioner
participated in any court-ordered rehabilita-
tive programming or supervised services;
‘‘(viii) the length of the time period during
which the petitioner has been without con-
tact with any court or law enforcement
agency;
‘‘(ix) whether the petitioner has had any
criminal or juvenile delinquency involve-
ment since the disposition of the juvenile de-
linquency proceeding; and
‘‘(x) the adverse consequences the peti-
tioner may suffer if the petition is not grant-
ed.
‘‘(D) WAITING PERIOD AFTER DENIAL.—If the
court denies a sealing petition, the peti-
tioner may not file a new sealing petition
with respect to the same juvenile nonviolent
offense until the date that is 2 years after
the date of the denial.
‘‘(E) UNIVERSAL FORM.—The Director of the
Administrative Office of the United States
Courts shall create a universal form, avail-
able over the internet and in paper form,
that an individual may use to file a sealing
petition.
‘‘(F) NO FEE FOR INDIGENT PETITIONERS.—If
the court determines that the petitioner is
indigent, there shall be no cost for filing a
sealing petition.
‘‘(G) REPORTING.—Not later than 2 years
after the date of enactment of this section,
and each year thereafter, the Director of the
Administrative Office of the United States
Courts shall issue a public report that—
‘‘(i) describes—
‘‘(I) the number of sealing petitions grant-
ed and denied under this subsection; and
‘‘(II) the number of instances in which the
Attorney General supported or opposed a
sealing petition;
‘‘(ii) includes any supporting data that the
Director determines relevant and that does
not name any petitioner; and
‘‘(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
‘‘(H) PUBLIC DEFENDER ELIGIBILITY.—
‘‘(i) PETITIONERS
UNDER
AGE
18.—The dis-
trict court shall appoint counsel in accord-
ance with the plan of the district court in
operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
‘‘(ii) PETITIONERS AGE 18 AND OLDER.—
‘‘(I) DISCRETION OF COURT.—In the case of a
petitioner who is not less than 18 years of
age, the district court may, in its discretion,
appoint counsel in accordance with the plan
of the district court in operation under sec-
tion 3006A to represent the petitioner for
purposes of this subsection.
‘‘(II)
CONSIDERATIONS.—In
determining
whether to appoint counsel under subclause
(I), the court shall consider—
‘‘(aa) the anticipated complexity of the
sealing hearing, including the number and
type of witnesses called to advocate against
the sealing of the records of the petitioner;
and
‘‘(bb) the potential for adverse testimony
by a victim or a representative of the Attor-
ney General.
‘‘(c) EFFECT OF SEALING ORDER.—
‘‘(1) PROTECTION FROM DISCLOSURE.—Except
as provided in paragraphs (3) and (4), if a
court orders the sealing of a juvenile record
of a person under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the
proceedings in the case shall be deemed
never to have occurred, and the person may
properly reply accordingly to any inquiry
about the events the records of which are or-
dered sealed.
‘‘(2) VERIFICATION OF SEALING.—If a court
orders the sealing of a juvenile record under
subsection (a) or (b) with respect to a juve-
nile nonviolent offense, the court shall—
‘‘(A) send a copy of the sealing order to
each entity or person known to the court
that possesses a record relating to the of-
fense, including each—
‘‘(i) law enforcement agency; and
‘‘(ii) public or private correctional or de-
tention facility;
‘‘(B) in the sealing order, require each enti-
ty or person described in subparagraph (A)
to—
‘‘(i) seal the record; and
‘‘(ii) submit a written certification to the
court, under penalty of perjury, that the en-
tity or person has sealed each paper and elec-
tronic copy of the record;
‘‘(C) seal each paper and electronic copy of
the record in the possession of the court; and
‘‘(D) after receiving a written certification
from each entity or person under subpara-
graph (B)(ii), notify the petitioner that each
entity or person described in subparagraph
(A) has sealed each paper and electronic copy
of the record.
‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED
RECORDS.—
‘‘(A) IN
GENERAL.—Except as provided in
subparagraph (B), a law enforcement agency
may access a sealed juvenile record in the
possession of the agency or another law en-
forcement agency solely—
‘‘(i) to determine whether the person who
is the subject of the record is a nonviolent
offender eligible for a first-time-offender di-
version program;
‘‘(ii) for investigatory or prosecutorial pur-
poses; or
‘‘(iii) for a background check that relates
to—
‘‘(I) law enforcement employment; or
‘‘(II) any position that a Federal agency
designates as a—
‘‘(aa) national security position; or
‘‘(bb) high-risk, public trust position.
‘‘(B) TRANSITION
PERIOD.—During the 1-
year period beginning on the date on which
a court orders the sealing of a juvenile
record under this section, a law enforcement
agency may, for law enforcement purposes,
access the record if the record is in the pos-
session of the agency or another law enforce-
ment agency.
‘‘(4) PROHIBITION ON DISCLOSURE.—
‘‘(A) PROHIBITION.—Except as provided in
subparagraph (C), it shall be unlawful to in-
tentionally make or attempt to make an un-
authorized disclosure of any information
from a sealed juvenile record in violation of
this section.
‘‘(B) PENALTY.—Any person who violates
subparagraph (A) shall be fined under this
title, imprisoned for not more than 1 year, or
both.
‘‘(C) EXCEPTIONS.—
‘‘(i) BACKGROUND CHECKS.—In the case of a
background check for law enforcement em-
ployment or for any employment that re-
quires a government security clearance—
‘‘(I) a person who is the subject of a juve-
nile record sealed under this section shall
disclose the contents of the record; and
‘‘(II) a law enforcement agency that pos-
sesses a juvenile record sealed under this
section—
‘‘(aa) may disclose the contents of the
record; and
‘‘(bb) if the agency obtains or is subject to
a court order authorizing disclosure of the
record, may disclose the record.
‘‘(ii) DISCLOSURE TO ARMED FORCES.—A per-
son, including a law enforcement agency
that possesses a juvenile record sealed under
this section, may disclose information from
a juvenile record sealed under this section to
the Secretaries of the military departments
(or the Secretary of Homeland Security with
respect to the Coast Guard when it is not op-
erating as a service in the Navy) for the pur-
pose of vetting an enlistment or commission,
or with regard to any member of the Armed
Forces.
‘‘(iii)
CRIMINAL
AND
JUVENILE
PRO-
CEEDINGS.—A prosecutor or other law en-
forcement officer may disclose information
from a juvenile record sealed under this sec-
tion, and a person who is the subject of a ju-
venile record sealed under this section may
be required to testify or otherwise disclose
information about the record, in a criminal
or other proceeding if such disclosure is re-
quired by the Constitution of the United
States, the constitution of a State, or a Fed-
eral or State statute or rule.
‘‘(iv) AUTHORIZATION
FOR
PERSON
TO
DIS-
CLOSE OWN RECORD.—A person who is the sub-
ject of a juvenile record sealed under this
section may choose to disclose the record.
‘‘(d) LIMITATION RELATING TO SUBSEQUENT
INCIDENTS.—
‘‘(1) AFTER
FILING
AND
BEFORE
PETITION
GRANTED.—If, after the date on which a per-
son files a sealing petition with respect to a
juvenile offense and before the court deter-
mines whether to grant the petition, the per-
son is convicted of a crime, adjudicated de-
linquent for an act of juvenile delinquency,
or engaged in active criminal court pro-
ceedings
or
juvenile
delinquency
pro-
ceedings, the court shall deny the petition.
‘‘(2) AFTER
PETITION
GRANTED.—If, on or
after the date on which a court orders the
sealing of a juvenile record of a person under
subsection (b), the person is convicted of a
crime or adjudicated delinquent for an act of
juvenile delinquency—
‘‘(A) the court shall—
‘‘(i) vacate the order; and
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CONGRESSIONAL RECORD — SENATE
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‘‘(ii) notify the person who is the subject of
the juvenile record, and each entity or per-
son described in subsection (c)(2)(A), that the
order has been vacated; and
‘‘(B) the record shall no longer be sealed.
‘‘(e) INCLUSION OF STATE JUVENILE DELIN-
QUENCY ADJUDICATIONS
AND PROCEEDINGS.—
For purposes of subparagraphs (A) and (B) of
subsection (a)(1), clauses (i) and (ii) of sub-
section (b)(1)(A), subsection (b)(1)(C)(ix), and
paragraphs (1) and (2) of subsection (d), the
term ‘juvenile delinquency’ includes the vio-
lation of a law of a State committed by a
person before attaining the age of 18 years
which would have been a crime if committed
by an adult.
‘‘§ 5045. Expungement
‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN
RECORDS.—
‘‘(1) ATTORNEY GENERAL MOTION.—
‘‘(A) NONVIOLENT OFFENSES COMMITTED BE-
FORE A PERSON TURNED 15.—If a person is ad-
judicated delinquent under this chapter for a
juvenile nonviolent offense committed before
the person attained 15 years of age and com-
pletes every term of probation, official de-
tention, or juvenile delinquent supervision
ordered by the court with respect to the of-
fense before attaining 18 years of age, on the
date on which the person attains 18 years of
age, the Attorney General shall file a motion
in the district court of the United States in
which the person was adjudicated delinquent
requesting that each juvenile record of the
person that relates to the offense be ex-
punged.
‘‘(B) ARRESTS.—If a juvenile is arrested by
a Federal law enforcement agency for a juve-
nile nonviolent offense for which a juvenile
delinquency proceeding is not instituted
under this chapter, and for which the United
States does not proceed against the juvenile
as an adult in a district court of the United
States, the Attorney General shall file a mo-
tion in the district court of the United
States that would have had jurisdiction of
the proceeding requesting that each juvenile
record relating to the arrest be expunged.
‘‘(C) EXPUNGEMENT ORDER.—Upon the filing
of a motion in a district court of the United
States with respect to a juvenile nonviolent
offense under subparagraph (A) or an arrest
for a juvenile nonviolent offense under sub-
paragraph (B), the court shall grant the mo-
tion and order that each juvenile record re-
lating to the offense or arrest, as applicable,
be expunged.
‘‘(2) DISMISSED CASES.—If a district court of
the United States dismisses an information
with respect to a juvenile under this chapter
or finds a juvenile not to be delinquent in a
juvenile delinquency proceeding under this
chapter, the court shall concurrently order
that each juvenile record relating to the ap-
plicable proceeding be expunged.
‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.—
An order of expungement under paragraph
(1)(C) or (2) shall not require any action by
the person whose records are to be expunged.
‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.—
A court that orders the expungement of a ju-
venile record of a person under paragraph
(1)(C) or (2) shall, in writing, inform the per-
son of the expungement and the benefits of
expunging the record.
‘‘(b) PETITIONING
FOR
EXPUNGEMENT
OF
NONVIOLENT OFFENSES.—
‘‘(1) IN
GENERAL.—A person who is adju-
dicated delinquent under this chapter for a
juvenile nonviolent offense committed on or
after the date on which the person attained
15 years of age may petition the court in
which the proceeding took place to order the
expungement of the juvenile record that re-
lates to the offense unless the person—
‘‘(A) has been convicted of a crime or adju-
dicated delinquent for an act of juvenile de-
linquency since the date of the disposition;
‘‘(B) is engaged in active criminal court
proceedings or juvenile delinquency pro-
ceedings; or
‘‘(C) has had not less than 2 adjudications
of delinquency previously expunged under
this section.
‘‘(2) PROCEDURES.—
‘‘(A) NOTIFICATION OF PROSECUTOR AND VIC-
TIMS.—If a person files an expungement peti-
tion with respect to a juvenile nonviolent of-
fense, the court in which the petition is filed
shall provide notice of the petition—
‘‘(i) to the Attorney General; and
‘‘(ii) upon the request of the petitioner, to
any other individual that the petitioner de-
termines may testify as to—
‘‘(I) the conduct of the petitioner since the
date of the offense; or
‘‘(II) the reasons that the expungement
order should be entered.
‘‘(B) HEARING.—
‘‘(i) IN
GENERAL.—If a person files an
expungement petition, the court shall—
‘‘(I) except as provided in clause (iii), con-
duct a hearing in accordance with clause (ii);
and
‘‘(II)
determine
whether
to
enter
an
expungement order for the person in accord-
ance with subparagraph (C).
‘‘(ii) OPPORTUNITY
TO
TESTIFY
AND
OFFER
EVIDENCE.—
‘‘(I) PETITIONER.—The petitioner may tes-
tify or offer evidence at the expungement
hearing in support of expungement.
‘‘(II) PROSECUTOR.—The Attorney General
may send a representative to testify or offer
evidence at the expungement hearing in sup-
port of or against expungement.
‘‘(III) OTHER
INDIVIDUALS.—An individual
who receives notice under subparagraph
(A)(ii) may testify or offer evidence at the
expungement hearing as to the issues de-
scribed in subclauses (I) and (II) of that sub-
paragraph.
‘‘(iii) WAIVER
OF
HEARING.—If the peti-
tioner and the Attorney General so agree,
the court shall make a determination under
subparagraph (C) without a hearing.
‘‘(C) BASIS FOR DECISION.—The court shall
determine whether to grant an expungement
petition after considering—
‘‘(i) the petition and any documents in the
possession of the court;
‘‘(ii) all the evidence and testimony pre-
sented at the expungement hearing, if such a
hearing is conducted;
‘‘(iii) the best interests of the petitioner;
‘‘(iv) the age of the petitioner during his or
her contact with the court or any law en-
forcement agency;
‘‘(v) the nature of the juvenile nonviolent
offense;
‘‘(vi) the disposition of the case;
‘‘(vii) the manner in which the petitioner
participated in any court-ordered rehabilita-
tive programming or supervised services;
‘‘(viii) the length of the time period during
which the petitioner has been without con-
tact with any court or any law enforcement
agency;
‘‘(ix) whether the petitioner has had any
criminal or juvenile delinquency involve-
ment since the disposition of the juvenile de-
linquency proceeding; and
‘‘(x) the adverse consequences the peti-
tioner may suffer if the petition is not grant-
ed.
‘‘(D) WAITING PERIOD AFTER DENIAL.—If the
court denies an expungement petition, the
petitioner may not file a new expungement
petition with respect to the same offense
until the date that is 2 years after the date
of the denial.
‘‘(E) UNIVERSAL FORM.—The Director of the
Administrative Office of the United States
Courts shall create a universal form, avail-
able over the internet and in paper form,
that an individual may use to file an
expungement petition.
‘‘(F) NO FEE FOR INDIGENT PETITIONERS.—If
the court determines that the petitioner is
indigent, there shall be no cost for filing an
expungement petition.
‘‘(G) REPORTING.—Not later than 2 years
after the date of enactment of this section,
and each year thereafter, the Director of the
Administrative Office of the United States
Courts shall issue a public report that—
‘‘(i) describes—
‘‘(I) the number of expungement petitions
granted and denied under this subsection;
and
‘‘(II) the number of instances in which the
Attorney General supported or opposed an
expungement petition;
‘‘(ii) includes any supporting data that the
Director determines relevant and that does
not name any petitioner; and
‘‘(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
‘‘(H) PUBLIC DEFENDER ELIGIBILITY.—
‘‘(i) PETITIONERS
UNDER
AGE
18.—The dis-
trict court shall appoint counsel in accord-
ance with the plan of the district court in
operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
‘‘(ii) PETITIONERS AGE 18 AND OLDER.—
‘‘(I) DISCRETION OF COURT.—In the case of a
petitioner who is not less than 18 years of
age, the district court may, in its discretion,
appoint counsel in accordance with the plan
of the district court in operation under sec-
tion 3006A to represent the petitioner for
purposes of this subsection.
‘‘(II)
CONSIDERATIONS.—In
determining
whether to appoint counsel under subclause
(I), the court shall consider—
‘‘(aa) the anticipated complexity of the
expungement hearing, including the number
and type of witnesses called to advocate
against the expungement of the records of
the petitioner; and
‘‘(bb) the potential for adverse testimony
by a victim or a representative of the Attor-
ney General.
‘‘(c)
EFFECT
OF
EXPUNGED
JUVENILE
RECORD.—
‘‘(1) PROTECTION FROM DISCLOSURE.—Except
as provided in paragraphs (4) through (8), if a
court orders the expungement of a juvenile
record of a person under subsection (a) or (b)
with respect to a juvenile nonviolent offense,
the proceedings in the case shall be deemed
never to have occurred, and the person may
properly reply accordingly to any inquiry
about the events the records of which are or-
dered expunged.
‘‘(2) VERIFICATION
OF
EXPUNGEMENT.—If a
court orders the expungement of a juvenile
record under subsection (a) or (b) with re-
spect to a juvenile nonviolent offense, the
court shall—
‘‘(A) send a copy of the expungement order
to each entity or person known to the court
that possesses a record relating to the of-
fense, including each—
‘‘(i) law enforcement agency; and
‘‘(ii) public or private correctional or de-
tention facility;
‘‘(B) in the expungement order—
‘‘(i) require each entity or person described
in subparagraph (A) to—
‘‘(I) seal the record for 1 year and, during
that 1-year period, apply paragraphs (3) and
(4) of section 5044(c) with respect to the
record;
‘‘(II) on the date that is 1 year after the
date of the order, destroy the record unless a
subsequent incident described in subsection
(d)(2) occurs; and
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CONGRESSIONAL RECORD — SENATE
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‘‘(III) submit a written certification to the
court, under penalty of perjury, that the en-
tity or person has destroyed each paper and
electronic copy of the record; and
‘‘(ii) explain that if a subsequent incident
described in subsection (d)(2) occurs, the
order shall be vacated and the record shall
no longer be sealed;
‘‘(C) on the date that is 1 year after the
date of the order, destroy each paper and
electronic copy of the record in the posses-
sion of the court unless a subsequent inci-
dent described in subsection (d)(2) occurs;
and
‘‘(D) after receiving a written certification
from each entity or person under subpara-
graph (B)(i)(III), notify the petitioner that
each entity or person described in subpara-
graph (A) has destroyed each paper and elec-
tronic copy of the record.
‘‘(3) REPLY TO INQUIRIES.—On and after the
date that is 1 year after the date on which a
court orders the expungement of a juvenile
record of a person under this section, in the
case of an inquiry relating to the juvenile
record, the court, each law enforcement offi-
cer, any agency that provided treatment or
rehabilitation services to the person, and the
person (except as provided in paragraphs (4)
through (8)) shall reply to the inquiry that
no such juvenile record exists.
‘‘(4) CIVIL ACTIONS.—
‘‘(A) IN GENERAL.—On and after the date on
which a court orders the expungement of a
juvenile record of a person under this sec-
tion, if the person brings an action against a
law enforcement agency that arrested, or
participated in the arrest of, the person for
the offense to which the record relates, or
against the State or political subdivision of
a State of which the law enforcement agency
is an agency, in which the contents of the
record are relevant to the resolution of the
issues presented in the action, there shall be
a rebuttable presumption that the defendant
has a complete defense to the action.
‘‘(B) SHOWING BY PLAINTIFF.—In an action
described in subparagraph (A), the plaintiff
may rebut the presumption of a complete de-
fense by showing that the contents of the ex-
punged record would not prevent the defend-
ant from being held liable.
‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE OF
RECORD.—The court in which an action de-
scribed in subparagraph (A) is filed may re-
quire the plaintiff to state under oath wheth-
er the plaintiff had a juvenile record and
whether the record was expunged.
‘‘(D) PROOF
OF
EXISTENCE
OF
JUVENILE
RECORD.—If the plaintiff in an action de-
scribed in subparagraph (A) denies the exist-
ence of a juvenile record, the defendant may
prove the existence of the record in any man-
ner compatible with the applicable laws of
evidence.
‘‘(5) CRIMINAL AND JUVENILE PROCEEDINGS.—
On and after the date that is 1 year after the
date
on
which
a
court
orders
the
expungement of a juvenile record under this
section, a prosecutor or other law enforce-
ment officer may disclose underlying infor-
mation from the juvenile record, and the per-
son who is the subject of the juvenile record
may be required to testify or otherwise dis-
close information about the record, in a
criminal or other proceeding if such disclo-
sure is required by the Constitution of the
United States, the constitution of a State, or
a Federal or State statute or rule.
‘‘(6) BACKGROUND CHECKS.—On and after the
date that is 1 year after the date on which a
court orders the expungement of a juvenile
record under this section, in the case of a
background check for law enforcement em-
ployment or for any employment that re-
quires a government security clearance, the
person who is the subject of the juvenile
record may be required to disclose under-
lying information from the record.
‘‘(7) DISCLOSURE TO ARMED FORCES.—On and
after the date that is 1 year after the date on
which a court orders the expungement of a
juvenile record under this section, a person,
including a law enforcement agency that
possessed such a juvenile record, may be re-
quired to disclose underlying information
from the record to the Secretaries of the
military departments (or the Secretary of
Homeland Security with respect to the Coast
Guard when it is not operating as a service
in the Navy) for the purpose of vetting an en-
listment or commission, or with regard to
any member of the Armed Forces.
‘‘(8) AUTHORIZATION
FOR
PERSON
TO
DIS-
CLOSE OWN RECORD.—A person who is the sub-
ject of a juvenile record expunged under this
section may choose to disclose the record.
‘‘(9) TREATMENT AS SEALED RECORD DURING
TRANSITION PERIOD.—During the 1-year period
beginning on the date on which a court or-
ders the expungement of a juvenile record
under this section, paragraphs (3) and (4) of
section 5044(c) shall apply with respect to the
record as if the record had been sealed under
that section.
‘‘(d) LIMITATION RELATING TO SUBSEQUENT
INCIDENTS.—
‘‘(1) AFTER
FILING
AND
BEFORE
PETITION
GRANTED.—If, after the date on which a per-
son files an expungement petition with re-
spect to a juvenile offense and before the
court determines whether to grant the peti-
tion, the person is convicted of a crime, adju-
dicated delinquent for an act of juvenile de-
linquency, or engaged in active criminal
court proceedings or juvenile delinquency
proceedings, the court shall deny the peti-
tion.
‘‘(2) AFTER
PETITION
GRANTED.—If, on or
after the date on which a court orders the
expungement of a juvenile record of a person
under subsection (b), the person is convicted
of a crime, adjudicated delinquent for an act
of juvenile delinquency, or engaged in active
criminal court proceedings or juvenile delin-
quency proceedings—
‘‘(A)
the
court
that
ordered
the
expungement shall—
‘‘(i) vacate the order; and
‘‘(ii) notify the person who is the subject of
the juvenile record, and each entity or per-
son described in subsection (c)(2)(A), that the
order has been vacated; and
‘‘(B) the record—
‘‘(i) shall not be expunged; or
‘‘(ii) if the record has been expunged be-
cause 1 year has elapsed since the date of the
expungement order, shall not be treated as
having been expunged.
‘‘(e) INCLUSION OF STATE JUVENILE DELIN-
QUENCY ADJUDICATIONS
AND PROCEEDINGS.—
For purposes of subparagraphs (A), (B), and
(C)(ix) of subsection (b)(1) and paragraphs (1)
and (2) of subsection (d), the term ‘juvenile
delinquency’ includes the violation of a law
of a State committed by a person before at-
taining the age of 18 years which would have
been a crime if committed by an adult.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 403
of title 18, United States Code, is amended by
adding at the end the following:
‘‘5044. Sealing.
‘‘5045. Expungement.’’.
(3) APPLICABILITY.—Sections 5044 and 5045
of title 18, United States Code, as added by
paragraph (1), shall apply with respect to a
juvenile nonviolent offense (as defined in
section 5031 of such title, as amended by sub-
section (b)) that is committed or alleged to
have been committed before, on, or after the
date of enactment of this Act.
(e) RULE OF CONSTRUCTION.—Nothing in the
amendments made by this section shall be
construed
to
authorize
the
sealing
or
expungement of a record of a criminal con-
viction of a juvenile who was proceeded
against as an adult in a district court of the
United States.
SEC. 203. ENSURING ACCURACY OF FEDERAL
CRIMINAL RECORDS.
(a) IN GENERAL.—Section 534 of title 28,
United States Code, is amended by adding at
the end the following:
‘‘(g)
ENSURING
ACCURACY
OF
FEDERAL
CRIMINAL RECORDS.—
‘‘(1) DEFINITIONS.—
‘‘(A) IN GENERAL.—In this subsection—
‘‘(i) the term ‘applicant’ means the indi-
vidual to whom a record sought to be ex-
changed pertains;
‘‘(ii) the term ‘high-risk, public trust posi-
tion’ means a position designated as a public
trust position under section 731.106(b) of title
5, Code of Federal Regulations, or any suc-
cessor regulation;
‘‘(iii) the term ‘incomplete’, with respect
to a record, means the record—
‘‘(I) indicates that an individual was ar-
rested but does not describe the offense for
which the individual was arrested; or
‘‘(II) indicates that an individual was ar-
rested or criminal proceedings were insti-
tuted against an individual but does not in-
clude the final disposition of the arrest or of
the proceedings if a final disposition has
been reached;
‘‘(iv) the term ‘record’ means a record or
other information collected under this sec-
tion that relates to—
‘‘(I) an arrest by a Federal law enforce-
ment officer; or
‘‘(II) a Federal criminal proceeding;
‘‘(v)
the
term
‘reporting
jurisdiction’
means any person or entity that provides a
record to the Attorney General under this
section; and
‘‘(vi) the term ‘requesting entity’—
‘‘(I) means a person or entity that seeks
the exchange of a record for civil purposes
that include employment, housing, credit, or
any other type of application; and
‘‘(II) does not include a law enforcement or
intelligence agency that seeks the exchange
of a record for—
‘‘(aa) investigative purposes; or
‘‘(bb) purposes relating to law enforcement
employment.
‘‘(B) RULE
OF
CONSTRUCTION.—The defini-
tion of the term ‘requesting entity’ under
subparagraph (A) shall not be construed to
authorize access to records that is not other-
wise authorized by law.
‘‘(2) INCOMPLETE OR INACCURATE RECORDS.—
The Attorney General shall establish and en-
force procedures to ensure the prompt re-
lease of accurate records exchanged for em-
ployment-related
purposes
through
the
records system created under this section.
‘‘(3) REQUIRED
PROCEDURES.—The proce-
dures established under paragraph (2) shall
include the following:
‘‘(A) INACCURATE RECORD OR INFORMATION.—
If the Attorney General determines that a
record is inaccurate, the Attorney General
shall promptly correct the record, including
by making deletions to the record if appro-
priate.
‘‘(B) INCOMPLETE RECORD.—
‘‘(i) IN GENERAL.—If the Attorney General
determines that a record is incomplete or
cannot be verified, the Attorney General—
‘‘(I) shall attempt to complete or verify the
record; and
‘‘(II) if unable to complete or verify the
record, may promptly make any changes or
deletions to the record.
‘‘(ii) LACK OF DISPOSITION OF ARREST.—For
purposes of this subparagraph, an incomplete
record includes a record that indicates there
was an arrest and does not include the dis-
position of the arrest.
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‘‘(iii) OBTAINING DISPOSITION OF ARREST.—If
the Attorney General determines that a
record is an incomplete record described in
clause (ii), the Attorney General shall, not
later than 10 days after the date on which
the requesting entity requests the exchange
and before the exchange is made, obtain the
disposition (if any) of the arrest.
‘‘(C) NOTIFICATION OF REPORTING JURISDIC-
TION.—The Attorney General shall notify
each appropriate reporting jurisdiction of
any action taken under subparagraph (A) or
(B).
‘‘(D) OPPORTUNITY TO REVIEW RECORDS BY
APPLICANT.—In connection with an exchange
of a record under this section, the Attorney
General shall—
‘‘(i) notify the applicant that the applicant
can obtain a copy of the record as described
in clause (ii) if the applicant demonstrates a
reasonable basis for the applicant’s review of
the record;
‘‘(ii) provide to the applicant an oppor-
tunity, upon request and in accordance with
clause (i), to—
‘‘(I) obtain a copy of the record; and
‘‘(II) challenge the accuracy and complete-
ness of the record;
‘‘(iii) promptly notify the requesting enti-
ty of any such challenge;
‘‘(iv) not later than 30 days after the date
on which the challenge is made, complete an
investigation of the challenge;
‘‘(v) provide to the applicant the specific
findings and results of that investigation;
‘‘(vi) promptly make any changes or dele-
tions to the records required as a result of
the challenge; and
‘‘(vii) report those changes to the request-
ing entity.
‘‘(E) CERTAIN EXCHANGES PROHIBITED.—
‘‘(i) IN GENERAL.—An exchange shall not in-
clude any record—
‘‘(I) except as provided in clause (ii), about
an arrest more than 2 years old as of the date
of the request for the exchange, that does
not also include a disposition (if any) of that
arrest;
‘‘(II) relating to an adult or juvenile non-
serious offense of the sort described in sec-
tion 20.32(b) of title 28, Code of Federal Regu-
lations, as in effect on July 1, 2009; or
‘‘(III) to the extent the record is not clear-
ly an arrest or a disposition of an arrest.
‘‘(ii)
APPLICANTS
FOR
SENSITIVE
POSI-
TIONS.—The prohibition under clause (i)(I)
shall not apply in the case of a background
check that relates to—
‘‘(I) law enforcement employment; or
‘‘(II) any position that a Federal agency
designates as a—
‘‘(aa) national security position; or
‘‘(bb) high-risk, public trust position.
‘‘(4) FEES.—The Attorney General may col-
lect a reasonable fee for an exchange of
records for employment-related purposes
through the records system created under
this section to defray the costs associated
with exchanges for those purposes, including
any costs associated with the investigation
of inaccurate or incomplete records.’’.
(b) REGULATIONS
ON REASONABLE PROCE-
DURES.—Not later than 1 year after the date
of enactment of this Act, the Attorney Gen-
eral shall issue regulations to carry out sec-
tion 534(g) of title 28, United States Code, as
added by subsection (a).
(c) REPORT.—
(1) DEFINITION.—In this subsection, the
term ‘‘record’’ has the meaning given the
term in subsection (g) of section 534 of title
28, United States Code, as added by sub-
section (a).
(2) REPORT
REQUIRED.—Not later than 2
years after the date of enactment of this
Act, the Attorney General shall submit to
Congress a report on the implementation of
subsection (g) of section 534 of title 28,
United States Code, as added by subsection
(a), that includes—
(A) the number of exchanges of records for
employment-related purposes made with en-
tities in each State through the records sys-
tem created under such section 534;
(B) any prolonged failure of a Federal
agency to comply with a request by the At-
torney General for information about dis-
positions of arrests; and
(C) the numbers of successful and unsuc-
cessful challenges to the accuracy and com-
pleteness of records, organized by the Fed-
eral agency from which each record origi-
nated.
By Mr. DURBIN (for himself, Mr.
BOOZMAN,
Mr.
INHOFE,
Mr.
BOOKER, and Mr. CARDIN):
S. 1022. A bill to create jobs in the
United States by increasing United
States exports to Africa by at least 200
percent in real dollar value within 10
years, and for other purposes; to the
Committee on Banking, Housing, and
Urban Affairs.
Mr. DURBIN. Mr. President, I ask
unanimous consent that the text of the
bill be printed in the RECORD.
There being no objection, the text of
the bill was ordered to be printed in
the RECORD, as follows:
S. 1022
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Increasing
American Jobs Through Greater Exports to
Africa Act of 2021’’.
SEC. 2. FINDINGS; PURPOSE.
(a) FINDINGS.—Congress makes the fol-
lowing findings:
(1) Export growth helps United States busi-
ness grow and create United States jobs.
Ninety-eight percent of United States ex-
ports
came
from
approximately
300,000
small- and medium-sized businesses sup-
porting 4,000,000 United States jobs.
(2) In a February 5, 2021, message to an Af-
rican leaders meeting at the African Union
Summit, President Joseph R. Biden re-
affirmed the United States relationship with
African countries as partners in the con-
tinent-wide spirit of entrepreneurship and
innovation.
(3) Many countries have trade-distorting
export promotion programs that aggres-
sively subsidize exports to Africa and other
countries around the world. In 2019, there
were 115 known official export credit pro-
viders around the world, including export
credit agencies, up from 85 in 2015—a 35 per-
cent increase from 2015 to 2019. The increas-
ing investment by foreign governments into
export credit can threaten competitiveness
of United States businesses abroad.
(4) Between 2008 and 2019, the People’s Re-
public of China alone provided more than
$462,000,000,000 in loans to the developing
world, and, in 2009, the People’s Republic of
China surpassed the United States as the
leading trade partner of African countries.
The Export-Import Bank of the United
States reports the People’s Republic of Chi-
na’s export finance activity is larger than all
the other export credit agencies in the Group
of 7 countries combined, making the People’s
Republic of China the world’s largest official
creditor with a portfolio more than twice the
size of the World Bank and International
Monetary Fund combined.
(5) The Export-Import Bank of the United
States supported $12,400,000,000 worth of
transactions to sub-Saharan Africa from 2009
to 2019, while in 2018, the People’s Republic
of China made up 22 percent of public debt
stock, and, in 2020, the People’s Republic of
China made up 29 percent of debt service in
low-income countries in Africa. The People’s
Republic of China accounts for a quarter or
more of all public and publicly guaranteed
debt in Angola, Djibouti, Cameroon, the Re-
public of the Congo, Ethiopia, Kenya, and
Zambia.
(6) The practice of the People’s Republic of
China of concessional financing runs con-
trary to the principles of the Organisation
for Economic Co-operation and Development
related to open market rates, undermines
naturally competitive rates, and incentivizes
governments in Africa to overlook the Peo-
ple’s Republic of China’s troubling record on
labor practices, human rights, and environ-
mental impact.
(7) Sixty percent of Africa’s approximately
1,250,000,000 people are under the age of 25,
and by the year 2050, one-third of global
youth will be in sub-Saharan Africa. By 2030,
Africa will have 17 cities with more than
5,000,000 inhabitants, as well as 90 cities with
populations of at least 1,000,000. Both are fac-
tors contributing to rising household con-
sumption predicted to reach approximately
$2,500,000,000,000 by 2030.
(8) When countries such as the People’s Re-
public of China assist with large-scale gov-
ernment projects, they often gain access to
valuable commodities such as oil and copper,
typically without regard to environmental,
human rights, labor, or governance stand-
ards.
(b) PURPOSE.—The purpose of this Act is to
create jobs in the United States by expand-
ing programs that will result in increasing
United States exports to Africa by 200 per-
cent in real dollar value within 10 years.
SEC. 3. DEFINITIONS.
In this Act:
(1) AFRICA.—The term ‘‘Africa’’ refers to
the entire continent of Africa and its 54
countries, including the Republic of South
Sudan.
(2) AFRICAN DIASPORA.—The term ‘‘African
diaspora’’ means the people of African origin
living in the United States, irrespective of
their citizenship and nationality, who are
willing to contribute to the development of
Africa.
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional
committees’’ means—
(A) the Committee on Appropriations, the
Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Rela-
tions, and the Committee on Finance of the
Senate; and
(B) the Committee on Appropriations, the
Committee on Energy and Commerce, the
Committee on Financial Services, the Com-
mittee on Foreign Affairs, and the Com-
mittee on Ways and Means of the House of
Representatives.
(4) DEVELOPMENT AGENCIES.—The term ‘‘de-
velopment agencies’’ includes the United
States Department of State, the United
States Agency for International Develop-
ment, the Millennium Challenge Corpora-
tion, the United States International Devel-
opment Finance Corporation, the United
States Trade and Development Agency, the
United States Department of Agriculture,
and
relevant
multilateral
development
banks.
(5) MULTILATERAL
DEVELOPMENT
BANKS.—
The term ‘‘multilateral development banks’’
has the meaning given that term in section
1701(c)(4) of the International Financial In-
stitutions Act (22 U.S.C. 262r(c)(4)) and in-
cludes the African Development Foundation.
(6) SUB-SAHARAN REGION.—The term ‘‘sub-
Saharan region’’ refers to the 49 countries
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CONGRESSIONAL RECORD — SENATE
S1827
March 25, 2021
listed in section 107 of the African Growth
and Opportunity Act (19 U.S.C. 3706).
(7) TRADE
POLICY
STAFF
COMMITTEE.—The
term ‘‘Trade Policy Staff Committee’’ means
the Trade Policy Staff Committee estab-
lished pursuant to section 2002.2 of title 15,
Code of Federal Regulations, which is com-
posed of representatives of Federal agencies
in charge of developing and coordinating
United States positions on international
trade and trade-related investment issues.
(8) TRADE
PROMOTION
COORDINATING
COM-
MITTEE.—The term ‘‘Trade Promotion Co-
ordinating Committee’’ means the Trade
Promotion Coordinating Committee estab-
lished under section 2312 of the Export En-
hancement Act of 1988 (15 U.S.C. 4727).
(9) UNITED STATES AND FOREIGN COMMERCIAL
SERVICE.—The term ‘‘United States and For-
eign Commercial Service’’ means the United
States and Foreign Commercial Service es-
tablished by section 2301 of the Export En-
hancement Act of 1988 (15 U.S.C. 4721).
SEC. 4. STRATEGY.
(a) IN GENERAL.—Not later than 180 days
after the date of the enactment of this Act,
the President shall establish a comprehen-
sive United States strategy for public and
private investment, trade, and development
in Africa.
(b) FOCUS OF STRATEGY.—The strategy re-
quired by subsection (a) shall focus on—
(1) increasing exports of United States
goods and services to Africa by 200 percent in
real dollar value within 10 years from the
date of the enactment of this Act;
(2) promoting the alignment of United
States commercial interests with develop-
ment priorities in Africa;
(3) developing relationships between the
governments of countries in Africa and
United States businesses that have an exper-
tise in such issues as critical energy secu-
rity,
infrastructure
development,
tech-
nology,
telecommunications,
and
agri-
culture;
(4)
improving
the
competitiveness
of
United States businesses in Africa, including
by encouraging the adoption of United
States construction codes and product stand-
ards, with emphasis on those designated as
American National Standards by the Amer-
ican National Standards Institute where ap-
plicable;
(5) exploring the role the African diaspora
can play in enhancing competitiveness of
United States businesses in Africa and ways
that African diaspora remittances can help
communities in Africa tackle economic, de-
velopment,
and
infrastructure
financing
needs;
(6) promoting economic integration in Af-
rica through working with the subregional
economic communities, supporting efforts
for deeper integration through the develop-
ment of customs unions within western and
central Africa and within eastern and south-
ern Africa, eliminating time-consuming bor-
der formalities into and within these areas,
and supporting regionally based infrastruc-
ture projects;
(7) encouraging a greater understanding
among United States business and financial
communities of the opportunities Africa
holds for United States exports;
(8) fostering partnership opportunities be-
tween United States and African small- and
medium-sized enterprises;
(9) supporting African entrepreneurship
and private sector development as a means
to sustainable economic growth and secu-
rity; and
(10) monitoring—
(A) market loan rates and the availability
of capital for United States business invest-
ment in Africa;
(B) loan rates offered by the governments
of other countries for investment in Africa;
and
(C) the policies of other countries with re-
spect to export financing for investment in
Africa that are predatory or distort markets.
(c)
CONSULTATIONS.—In
developing
the
strategy required by subsection (a), the
President shall consult with—
(1) Congress;
(2) each agency that is a member of the
Trade Promotion Coordinating Committee;
(3) the relevant multilateral development
banks, in coordination with the Secretary of
the Treasury and the respective United
States Executive Directors of such banks;
(4) each agency that participates in the
Trade Policy Staff Committee;
(5) the President’s Export Council;
(6) each of the development agencies;
(7) any other Federal agencies with respon-
sibility for export promotion or financing
and development; and
(8) the private sector, including businesses,
nongovernmental organizations, and African
diaspora groups.
(d) SUBMISSION TO CONGRESS.—
(1) STRATEGY.—Not later than 180 days
after the date of the enactment of this Act,
the President shall submit to Congress the
strategy required by subsection (a).
(2) PROGRESS
REPORT.—Not later than 3
years after the date of the enactment of this
Act, the President shall submit to Congress
a report on the implementation of the strat-
egy required by subsection (a).
(3) CONTENT
OF
REPORT.—The report re-
quired by paragraph (2) shall include an ac-
counting of all current United States Gov-
ernment programs to promote exports to and
trade with Africa and to assist United States
businesses competing in the African market
as well as an assessment of the extent to
which the strategy required by subsection
(a)—
(A) has been successful in developing crit-
ical analyses of policies to increase exports
to Africa;
(B) has been successful in increasing the
competitiveness of United States businesses
in Africa;
(C) has been successful in creating jobs in
the United States, including the nature and
sustainability of such jobs;
(D) has provided sufficient United States
Government support to meet third-country
competition in the region;
(E) has been successful in helping the Afri-
can diaspora in the United States participate
in economic growth in Africa;
(F) has been successful in promoting eco-
nomic integration in Africa;
(G) has encouraged specific policies and
programs in Africa that provide a stable,
safe, and transparent environment in which
business and entrepreneurship can thrive;
and
(H) has made a meaningful contribution to
the transformation of Africa and its full in-
tegration into the 21st century world econ-
omy, not only as a supplier of primary prod-
ucts but also as full participant in inter-
national supply and distribution chains and
as a consumer of international goods and
services.
SEC. 5. SPECIAL AFRICA EXPORT STRATEGY CO-
ORDINATOR.
The President shall designate an individual
to serve as Special Africa Export Strategy
Coordinator—
(1) to oversee the development and imple-
mentation of the strategy required by sec-
tion 4; and
(2) to coordinate with the Trade Promotion
Coordinating
Committee,
the
Assistant
United States Trade Representative for Afri-
can Affairs, and development agencies with
respect to developing and implementing the
strategy.
SEC. 6. TRADE MISSION TO AFRICA.
It is the sense of Congress that, not later
than 1 year after the date of the enactment
of this Act, the Secretary of Commerce and
other high-level officials of the United
States Government with responsibility for
export promotion, financing, and develop-
ment should conduct a joint trade mission to
Africa.
SEC. 7. PERSONNEL.
(a) UNITED STATES AND FOREIGN COMMER-
CIAL SERVICE.—
(1) IN
GENERAL.—The Secretary of Com-
merce shall ensure that not less than 10 total
United States and Foreign Commercial Serv-
ice officers are assigned to Africa for each of
the first 5 fiscal years beginning after the
date of the enactment of this Act.
(2) ASSIGNMENT.—The Secretary shall, in
consultation with the Trade Promotion Co-
ordinating Committee and the Special Africa
Export Strategy Coordinator, assign the
United States and Foreign Commercial Serv-
ice officers described in paragraph (1) to
United States embassies or consulates in Af-
rica after conducting a timely resource allo-
cation analysis that represents a forward-
looking assessment of future United States
trade opportunities in Africa.
(3) MULTILATERAL DEVELOPMENT BANKS.—
(A) IN
GENERAL.—As soon as practicable
after the date of the enactment of this Act,
the Secretary of Commerce shall, using ex-
isting staff, assign not less than 1 full-time
United States and Foreign Commercial Serv-
ice officer to be split between the office of
the United States Executive Director at the
World Bank and the African Development
Bank.
(B) RESPONSIBILITIES.—Each United States
and Foreign Commercial Service officer as-
signed under subparagraph (A) shall be re-
sponsible for—
(i) increasing the access of United States
businesses to procurement contracts with
the multilateral development bank to which
the officer is assigned; and
(ii) facilitating the access of United States
businesses to risk insurance, equity invest-
ments, consulting services, and lending pro-
vided by that bank.
(b) EXPORT-IMPORT BANK
OF
THE UNITED
STATES.—Of the amounts collected by the
Export-Import Bank that remain after pay-
ing the expenses the Bank is authorized to
pay from such amounts for administrative
expenses, the Bank shall use sufficient funds
to do the following:
(1) Increase the number of staff dedicated
to expanding business development for Afri-
ca, including increasing the number of busi-
ness development trips the Bank conducts to
Africa and the amount of time staff spends
in Africa to meet the goals set forth in sec-
tion 9 and paragraph (5) of section 6(a) of the
Export-Import Bank of 1945, as added by sec-
tion 9(a)(2).
(2) Maintain an appropriate number of em-
ployees of the Bank assigned to United
States field offices of the Bank to be distrib-
uted as geographically appropriate through
the United States. Such offices shall coordi-
nate with the related export efforts under-
taken by the Small Business Administration
regional field offices.
(3) Upgrade the Bank’s equipment and soft-
ware to more expeditiously, effectively, and
efficiently process and track applications for
financing received by the Bank.
(c) UNITED STATES INTERNATIONAL DEVEL-
OPMENT FINANCE CORPORATION.—
(1) STAFFING.—Of the net offsetting collec-
tions collected by the United States Inter-
national Development Finance Corporation
and used for administrative expenses, the
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CONGRESSIONAL RECORD — SENATE
S1828
March 25, 2021
Corporation shall use sufficient funds to in-
crease by not more than 2 the staff needed to
promote stable and sustainable economic
growth
and
development
in
Africa,
to
strengthen and expand the private sector in
Africa, and to facilitate the general eco-
nomic development of Africa, with a par-
ticular focus on helping United States busi-
nesses expand into African markets.
(2) REPORT.—The Corporation shall report
to the appropriate congressional committees
on whether recent technology upgrades have
resulted in more effective and efficient proc-
essing and tracking of applications for fi-
nancing received by the Corporation.
(3) CERTAIN COSTS NOT CONSIDERED ADMINIS-
TRATIVE EXPENSES.—For purposes of this sub-
section, systems infrastructure costs associ-
ated with activities authorized by the Better
Utilization of Investments Leading to Devel-
opment Act of 2018 (22 U.S.C. 9601 et seq.)
shall not be considered administrative ex-
penses.
(d) RULE
OF
CONSTRUCTION.—Nothing in
this section shall be construed as permitting
the reduction of personnel of the Department
of Commerce, the Department of State, the
Export-Import Bank of the United States, or
the United States International Develop-
ment Finance Corporation or the alteration
of planned personnel increases in other re-
gions, except where a personnel decrease was
previously anticipated or where decreased
export opportunities justify personnel reduc-
tions.
SEC. 8. TRAINING.
The President shall develop a plan—
(1) to standardize the training received by
United States and Foreign Commercial Serv-
ice officers, economic officers of the Depart-
ment of State, and economic officers of the
United States Agency for International De-
velopment with respect to the programs and
procedures of the Export-Import Bank of the
United States, the United States Inter-
national Development Finance Corporation,
the Small Business Administration, and the
United States Trade and Development Agen-
cy; and
(2) to ensure that, not later than 1 year
after the date of the enactment of this Act—
(A) all United States and Foreign Commer-
cial Service officers that are stationed over-
seas receive the training described in para-
graph (1); and
(B) in the case of a country to which no
United States and Foreign Commercial Serv-
ice officer is assigned, any economic officer
of the Department of State stationed in that
country receives that training.
SEC. 9. EXPORT-IMPORT BANK FINANCING.
(a) FINANCING FOR PROJECTS IN AFRICA.—
(1) SENSE OF CONGRESS.—It is the sense of
Congress that foreign export credit agencies
are providing financing in Africa that is not
compliant with the Arrangement of the
Organisation for Economic Co-operation and
Development, which is trade distorting and
threatens United States jobs.
(2) IN GENERAL.—Section 6(a) of the Export-
Import Bank Act of 1945 (12 U.S.C. 635e(a)) is
amended by adding at the end the following:
‘‘(5) PERCENT OF FINANCING TO BE USED FOR
PROJECTS IN AFRICA.—The Bank shall, to the
extent that there are acceptable final appli-
cations, increase the amount it finances to
Africa over the prior year’s financing for
each of the first 5 fiscal years beginning
after the date of the enactment of the In-
creasing American Jobs Through Greater Ex-
ports to Africa Act of 2021.’’.
(3) REPORT REQUIRED.—
(A) IN
GENERAL.—Not later than 1 year
after the date of the enactment of this Act,
and annually thereafter for 5 years, the Ex-
port-Import Bank of the United States shall
submit to the committees specified in sub-
section (d) a report if the Bank has not used
at least 10 percent of its lending capabilities
for projects in Africa as described in para-
graph (5) of section 6(a) of the Export-Import
Bank of 1945, as added by paragraph (2), dur-
ing the preceding year.
(B) ELEMENTS.—Each report required by
subparagraph (A) shall include a description
of—
(i) the reasons why the Bank failed to
reach the goal described in that subpara-
graph; and
(ii) all final applications for projects in Af-
rica that the Bank did not support.
(b) AVAILABILITY OF PORTION OF CAPITAL-
IZATION
TO
COMPETE
AGAINST
FOREIGN
CONCESSIONAL LOANS.—
(1) IN
GENERAL.—The Bank shall make
available annually such amounts as are nec-
essary for loans that counter trade-dis-
torting financing that is not compliant with
the Arrangement of the Organisation for
Economic Co-operation and Development or
preferential, tied aid, or other related non-
market loans offered by other countries with
which United States businesses are also com-
peting or interested in competing.
(2) REPORT REQUIRED.—
(A) IN
GENERAL.—Not later than 1 year
after the date of the enactment of this Act,
and annually thereafter for 5 years, the Ex-
port-Import Bank shall submit to the com-
mittees specified in subsection (d) a report
on all loans made or rejected by the Bank
during the preceding year that were consid-
ered to counter trade-distorting financing
that is not compliant with the Arrangement
of the Organisation for Economic Co-oper-
ation and Development and was offered by
other countries to its firms.
(B) INCLUSION.—Each report required by
subparagraph (A) shall include a description
of the terms of the financing described in
that subparagraph offered by other countries
to firms that competed against the United
States firms.
(c) TRADE SECRETS ACT.—A report required
by subsection (a)(3) or subsection (b)(2) may
not disclose any information that is con-
fidential or business proprietary, or that
would violate section 1905 of title 18, United
States Code (commonly referred to as the
‘‘Trade Secrets Act’’).
(d) COMMITTEES SPECIFIED.—The commit-
tees specified in this subsection are—
(1) the Committee on Banking, Housing,
and Urban Affairs, the Committee on For-
eign Relations, and the Committee on Appro-
priations of the Senate; and
(2) the Committee on Financial Services,
the Committee on Foreign Affairs, and the
Committee on Appropriations of the House
of Representatives.
SEC. 10. SMALL BUSINESS ADMINISTRATION.
Section 22(b) of the Small Business Act (15
U.S.C. 649(b)) is amended—
(1) in the matter preceding paragraph (1),
by striking ‘‘Director of the United States
Trade and Development Agency,’’ and insert-
ing ‘‘the Director of the United States Trade
and Development Agency, the Trade Pro-
motion Coordinating Committee,’’; and
(2) in paragraph (3), by inserting ‘‘regional
offices of the Export-Import Bank of the
United States,’’ after ‘‘Retired Executives,’’.
SEC. 11. BILATERAL, SUBREGIONAL, AND RE-
GIONAL,
AND
MULTILATERAL
AGREEMENTS.
(a) IN
GENERAL.—Where applicable, the
President shall explore opportunities to ne-
gotiate bilateral, subregional, and regional
agreements that encourage trade and elimi-
nate nontariff barriers to trade between
countries, such as negotiating investor-
friendly double-taxation treaties and invest-
ment promotion agreements.
(b)
AGREEMENTS
WITH
AFRICAN
COUN-
TRIES.—To the extent any agreement de-
scribed in subsection (a) exists between the
United States and an African country, the
President shall ensure that the agreement is
being implemented in a manner that maxi-
mizes the positive effects for United States
trade, export, and labor interests as well as
the economic development of the countries
in Africa.
(c) CONSIDERATION OF OBJECTIVES.—United
States
negotiators
in
multilateral
fora
should take into account the objectives of
this Act.
By Mr. DURBIN (for himself and
Mr. BOOKER):
S. 1023. A bill to provide tax credits
to low- to moderate-income individuals
for certain computer and education
costs, to direct the Federal Commu-
nications Commission to modify the
requirements for the Lifeline program
to provide increased support, and for
other purposes; to the Committee on
Finance.
Mr. DURBIN. Mr. President, I ask
unanimous consent that the text of the
bill be printed in the RECORD.
There being no objection, the text of
the bill was ordered to be printed in
the RECORD, as follows:
S. 1023
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Computer
and Internet Access Equity Act’’.
SEC. 2. INCREASED LIFELINE SUPPORT.
(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’
means the Federal Communications Com-
mission.
(2) TERMS
DEFINED
IN
REGULATIONS.—The
terms defined in section 54.400 of title 47,
Code of Federal Regulations (or any suc-
cessor regulation), have the meanings given
those terms in that section.
(b) REGULATIONS.—Not later than 14 days
after the date of enactment of this Act, the
Commission shall promulgate regulations to
modify the requirements for the Lifeline pro-
gram set forth in subpart E of part 54 of title
47, Code of Federal Regulations (as in effect
on the date of enactment of this Act) to pro-
vide for the following:
(1) The amount of Lifeline support that a
provider of Lifeline service may receive for
providing such service to each qualifying
low-income consumer shall be increased by
the lesser of—
(A) $83.33 per month; or
(B) the amount needed to make the
amount of Lifeline support received by the
provider equal to the cost of providing such
service, except that such cost may not ex-
ceed the cost to the provider of providing an
equivalent level of voice telephony service or
broadband internet access service (as appli-
cable) to a consumer who does not receive
Lifeline service.
(2) The percentage of the Federal Poverty
Guidelines (as specified in section 54.409(a)(1)
of title 47, Code of Federal Regulations) at or
below which a consumer’s household income
must be in order for the consumer to con-
stitute a qualifying low-income consumer on
the basis of income shall be increased to 435
percent.
(3) A provider of broadband internet access
service shall not be required to be designated
as an eligible telecommunications carrier
under section 214(e) of the Communications
Act of 1934 (47 U.S.C. 214(e)) in order to re-
ceive Lifeline support for providing such
service to a qualifying low-income consumer.
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CONGRESSIONAL RECORD — SENATE
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(c) DURATION.—The modifications made by
the regulations promulgated under sub-
section (b) shall cease to have any force or
effect on the date that is 12 years after the
date on which the regulations are promul-
gated.
(d) CONSUMER PROTECTIONS.—
(1) IN GENERAL.—A provider of broadband
internet access service that receives Lifeline
support for providing such service to a quali-
fied low-income consumer—
(A) shall provide such service to the con-
sumer at a minimum speed of 25 megabits
per second for downloads and 3 megabits per
second for uploads, which minimum speed
shall be reevaluated and, if appropriate, in-
creased by the Commission not less fre-
quently than once every 3 years;
(B) shall provide a level of customer serv-
ice to the consumer that is comparable to
the customer service that the provider pro-
vides to consumers of broadband internet ac-
cess service who do not receive Lifeline serv-
ice;
(C) shall offer such service to each quali-
fied low-income consumer in the designated
service area of the provider; and
(D)(i) shall advertise the availability of
such service and the charges therefore using
media of general distribution throughout the
designated service area of the provider to in-
crease awareness among consumers (includ-
ing non-English speaking consumers) that
they may be eligible for such service; and
(ii) may partner with State agencies re-
sponsible for the provision of social assist-
ance and service programs in conducting ad-
vertising under clause (i).
(2) DESIGNATED
SERVICE
AREA.—A State
commission or the Commission, as applica-
ble, shall establish a designated service area
for a provider of broadband internet access
service described in paragraph (1) for pur-
poses of that paragraph in the same manner
as the State commission or Commission es-
tablishes a designated service area for a
common carrier under paragraph (5) or (6), as
applicable, of section 214(e) of the Commu-
nications Act of 1934 (47 U.S.C. 214(e)).
SEC. 3. INTERNET EDUCATION AND TRAINING
GRANT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’
means the Federal Communications Com-
mission.
(2) COMMUNITY-BASED
ORGANIZATION.—The
term ‘‘community-based organization’’ has
the meaning given the term in section 3 of
the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
(3) DIGITAL
LITERACY.—The term ‘‘digital
literacy’’ means the skills associated with
using technology.
(4) ELIGIBLE
ENTITY.—The term ‘‘eligible
entity’’ means—
(A) a nonprofit organization;
(B) a not-for-profit social welfare organiza-
tion; or
(C) a community-based organization.
(5) FEDERAL
POVERTY
GUIDELINES.—The
term ‘‘Federal Poverty Guidelines’’ means
the Federal Poverty Guidelines used for pur-
poses of section 54.409(a)(1) of title 47, Code of
Federal Regulations (or any successor regu-
lation).
(6) HOUSEHOLD.—The term ‘‘household’’ has
the meaning given the term in section 54.400
of title 47, Code of Federal Regulations (or
any successor regulation).
(7) INCOME.—The term ‘‘income’’ has the
meaning given the term in section 54.400 of
title 47, Code of Federal Regulations (or any
successor regulation).
(8) NONPROFIT
ORGANIZATION.—The term
‘‘nonprofit organization’’ means an organiza-
tion described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
(9) NOT-FOR-PROFIT SOCIAL WELFARE ORGA-
NIZATION.—The term ‘‘not-for-profit social
welfare organization’’ means an organization
described in section 501(c)(4) of the Internal
Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code.
(b) GRANTS AUTHORIZED.—Not later than
100 days after the date of enactment of this
Act, the Commission shall establish a pro-
gram to make grants on a competitive basis
to eligible entities to develop and carry out
an internet safety education or training pro-
gram.
(c) APPLICATIONS.—An eligible entity that
wishes to receive a grant under this section
shall submit to the Commission an applica-
tion at such time, in such manner, and con-
taining such information as the Commission
may require.
(d) USE OF FUNDS.—An eligible entity that
receives a grant under this section shall use
grant funds to—
(1) develop a program to provide internet
education and training, which may address
cyberbullying, online privacy, cybersecurity,
and digital literacy, to individuals living in
households with an income at or below 435
percent of the Federal Poverty Guidelines
for households of the applicable size; and
(2) provide such education or training to
such individuals through such program.
(e) REPORTS.—
(1) REPORTS
TO
COMMISSION.—Not later
than 3 years after the date on which an eligi-
ble entity receives a grant under this sec-
tion, the eligible entity shall publish and
submit to the Commission a report that—
(A) describes the use of the grant by the el-
igible entity, including the number of indi-
viduals served by the eligible entity using
grant funds;
(B) describes the progress of the eligible
entity toward fulfilling the objectives for
which the grant was awarded; and
(C) includes any additional information re-
quired by the Commission.
(2) REPORT TO CONGRESS.—Not later than 5
years after the date of enactment of this
Act, the Commission shall publish and sub-
mit to Congress a report that—
(A) summarizes the data from the reports
that the Commission has received under
paragraph (1); and
(B) assesses the effectiveness and cost-ef-
fectiveness of the grant program established
under this section.
(f) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such
sums as may be necessary to carry out this
section.
SEC. 4. CREDIT FOR COMPUTER COSTS.
(a) IN GENERAL.—Subpart C of part IV of
subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting
after section 36B the following new section:
‘‘SEC. 36C. CREDIT FOR COMPUTER COSTS.
‘‘(a) IN GENERAL.—In the case of an eligible
individual, there shall be allowed as a credit
against the tax imposed by this subtitle for
the taxable year an amount equal the lesser
of—
‘‘(1) the amount of qualified computer
costs paid or incurred by the taxpayer during
such taxable year,
‘‘(2) $2,000 ($4,000 in the case of a joint re-
turn), or
‘‘(3) an amount equal to $10,000 ($20,000 in
the case of a joint return) minus the sum of
any credits allowed to the taxpayer under
this section for any preceding taxable year.
‘‘(b) QUALIFIED COMPUTER COSTS.—For pur-
poses of this section, the term ‘qualified
computer costs’ means amounts paid or in-
curred for computers, printers, and other
education-related technology.
‘‘(c) LIMITATION BASED ON ADJUSTED GROSS
INCOME.—With respect to any taxable year,
the $2,000 amount (or, in the case of a joint
return, $4,000 amount) in subsection (a)(2)
shall be reduced by an amount equal to 5 per-
cent of so much of the taxpayer’s adjusted
gross income for such taxable year as ex-
ceeds—
‘‘(1) $72,000 in the case of a joint return,
‘‘(2) $54,000 in the case of a head of house-
hold, and
‘‘(3) $36,000 in the case of a taxpayer not de-
scribed in paragraph (1) or (2).
‘‘(d) ELIGIBLE INDIVIDUAL.—The term ‘eligi-
ble individual’ means any individual other
than—
‘‘(1) any nonresident alien individual,
‘‘(2) any individual with respect to whom a
deduction under section 151 is allowable to
another taxpayer for a taxable year begin-
ning in the calendar year in which the indi-
vidual’s taxable year begins, and
‘‘(3) an estate or trust.
‘‘(e) APPLICATION OF SECTION.—This section
shall only apply to qualified computer costs
incurred by the taxpayer after December 31,
2020, and before January 1, 2033.’’.
(b) ADVANCE PAYMENT OF CREDIT.—
(1) IN GENERAL.—Chapter 77 of the Internal
Revenue Code of 1986, as amended by section
9611(b) of the American Rescue Plan Act of
2021 (Public Law 117-2), is amended by insert-
ing after section 7527A the following new sec-
tion:
‘‘SEC. 7527B. ADVANCE PAYMENT OF CREDIT FOR
COMPUTER COSTS.
‘‘(a) IN GENERAL.—As soon as practicable
after the date of the enactment of this sec-
tion, the Secretary shall establish a program
for making advance payments of the credit
allowed under section 36C (determined with-
out regard to subsection (e) of such section),
on such basis as the Secretary determines to
be administratively feasible, to taxpayers
determined to be eligible for advance pay-
ment of such credit.
‘‘(b) LIMITATION.—
‘‘(1) IN GENERAL.—The Secretary may make
payments under subsection (a) only to the
extent that the total amount of such pay-
ments made to any taxpayer during the tax-
able year does not exceed the amount of the
credit determined under subsection (a) of
section 36C, as determined based on applica-
tion of subsection (c) of such section using
the adjusted gross income of the taxpayer for
the most recent taxable year for which a re-
turn has been filed during any of the pre-
ceding 3 taxable years.
‘‘(2) NON-FILERS.—In the case of any tax-
payer who has not filed a return during the
period described in paragraph (1), such para-
graph shall be applied without regard to sub-
section (c) of section 36C.’’.
(2) RECONCILIATION OF CREDIT AND ADVANCE
CREDIT.—Section 36C of such Code, as added
by subsection (a), is amended—
(A) by redesignating subsection (e) as sub-
section (f); and
(B) by inserting after subsection (d) the
following new subsection:
‘‘(e) RECONCILIATION
OF CREDIT
AND AD-
VANCE CREDIT.—
‘‘(1) IN GENERAL.—The amount of the credit
allowed under this section for any taxable
year shall be reduced (but not below zero) by
the aggregate amount of any advance pay-
ments of such credit under section 7527B for
such taxable year.
‘‘(2) EXCESS ADVANCE PAYMENTS.—
‘‘(A) IN GENERAL.—If the aggregate amount
of advance payments under section 7527B for
the taxable year exceeds the amount of the
credit allowed under this section for such
taxable year (determined without regard to
paragraph (1)), the tax imposed by this chap-
ter for such taxable year shall be increased
by the amount of such excess.
‘‘(B) RETURN REQUIREMENT.—If the tax im-
posed by this chapter for the taxable year is
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CONGRESSIONAL RECORD — SENATE
S1830
March 25, 2021
increased under this paragraph, the taxpayer
shall, notwithstanding section 6012, be re-
quired to file a return with respect to the
taxes imposed under this subtitle.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 6211(b)(4)(A) of the Internal
Revenue Code of 1986 is amended—
(A) by inserting ‘‘36C,’’ after ‘‘36B,’’, and
(B) by striking ‘‘and 7527A’’ and inserting
‘‘7527A, and 7527B’’.
(2) Paragraph (2) of section 1324(b) of title
31, United States Code, is amended—
(A) by inserting ‘‘36C,’’ after ‘‘36B,’’, and
(B) by striking ‘‘or 7527A’’ and inserting
‘‘7527A, or 7527B’’.
(3) The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by
inserting after the item relating to section
36B the following new item:
‘‘Sec. 36C. Credit for Computer Costs.’’.
(4) The table of sections for chapter 77 of
such Code is amended by inserting after the
item relating to section 7527A the following
new item:
‘‘Sec. 7527B. Advance payment of credit for
computer costs.’’.
(d) PUBLIC
AWARENESS
CAMPAIGN.—The
Secretary of the Treasury (or the Secretary’s
delegate) shall conduct a public awareness
campaign, in coordination with the Commis-
sioner of Social Security, the Secretary of
Veterans Affairs, and the heads of other rel-
evant Federal and State agencies, to provide
information to the public (including non-
English speaking populations) regarding the
availability of the credit allowed under sec-
tion 36C of the Internal Revenue Code of 1986
and advance payment of such credit pursu-
ant to section 7527B of such Code (as added
by this section).
(e) EFFECTIVE
DATE.—The amendments
made by this section shall apply to costs in-
curred in taxable years beginning after De-
cember 31, 2020.
By Mr. THUNE (for himself, Mrs.
SHAHEEN, and Mrs. FISCHER):
S. 1058. A bill to amend the Small
Business Investment Act of 1958 to pro-
vide opportunities to rural business in-
vestment companies, and for other pur-
poses; to the Committee on Small Busi-
ness and Entrepreneurship.
Mr. THUNE. Mr. President, I ask
unanimous consent that the text of the
bill be printed in the RECORD.
There being no objection, the text of
the bill was ordered to be printed in
the RECORD, as follows:
S. 1058
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rural Cap-
ital Access Act’’.
SEC. 2. DEFINITIONS.
In this Act—
(1) the term ‘‘Administration’’ means the
Small Business Administration;
(2) the term ‘‘Administrator’’ means the
Administrator of the Administration;
(3) the term ‘‘appropriate committees of
Congress’’ means—
(A) the Committee on Small Business and
Entrepreneurship of the Senate;
(B) the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate;
(C) the Committee on Small Business of
the House of Representatives; and
(D) the Committee on Agriculture of the
House of Representatives;
(4) the term ‘‘rural business investment
company’’ has the meaning given the term in
section 384A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc);
(5) the term ‘‘Secretary’’ means the Sec-
retary of Agriculture; and
(6) the term ‘‘working group’’ means the
interagency working group established under
section 4(a).
SEC. 3. RURAL BUSINESS INVESTMENT.
(a) IN GENERAL.—The Small Business In-
vestment Act of 1958 (15 U.S.C. 661 et seq.) is
amended—
(1) in part A of title III (15 U.S.C. 681 et
seq.)—
(A) in section 303(b)(2) (15 U.S.C. 683(b)(2)),
by adding at the end the following:
‘‘(E) INVESTMENTS IN RURAL AREAS.—
‘‘(i) DEFINITION.—In this subparagraph, the
term ‘rural area’ has the meaning given the
term in section 343(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C.
1991(a)).
‘‘(ii) ADDITIONAL LEVERAGE.—
‘‘(I) IN GENERAL.—In calculating the out-
standing leverage of a company for the pur-
poses of subparagraph (A), the Administrator
shall not include the amount of the cost
basis of any equity investment made by the
company in a smaller enterprise located in a
rural area if the Administrator, after per-
forming an appropriate evaluation, deter-
mines that such an exclusion will not result
in additional risk to the Administration or
the Federal Government.
‘‘(II) LIMITATION.—The amount excluded
under subclause (I) for a company shall not
exceed $25,000,000 in any fiscal year.’’;
(B) in section 308(g)(3) (15 U.S.C. 687(g)(3))—
(i) in subparagraph (D), by striking ‘‘and’’
at the end;
(ii) in subparagraph (E), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(F) the total number of rural business in-
vestment companies, as defined in section
321(a), that received leverage from the Ad-
ministration under section 321 in the pre-
vious year, including the amount of that le-
verage that each such rural business invest-
ment company received.’’;
(C)
in
section
310(d)(1)(A)
(15
U.S.C.
687b(d)(1)(A)), by inserting ‘‘(including each
rural business investment company that re-
ceives leverage under section 321)’’ after
‘‘Each licensee’’; and
(D) by adding at the end the following:
‘‘SEC. 321. RURAL BUSINESS INVESTMENT COM-
PANIES.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘covered amounts’ means,
with respect to a fiscal year, the amounts
made available for that fiscal year to grant
leverage under this part to small business in-
vestment companies;
‘‘(2) the term ‘rural business investment
company’ has the meaning given the term in
section 384A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc); and
‘‘(3) the term ‘Secretary’ means the Sec-
retary of Agriculture.
‘‘(b) LEVERAGE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
if the Administration determines under sub-
section (c) that the Administration will be
unable to expend all of the covered amounts
for a particular fiscal year, the Administra-
tion shall expend those unexpended covered
amounts for that fiscal year to grant lever-
age to rural business investment companies
for the purposes described in this part if,
with respect to that fiscal year, the Sec-
retary determines that the Secretary is un-
able to grant leverage to rural business in-
vestment companies in a manner that is suf-
ficient to satisfy the leverage needs of those
rural business investment companies.
‘‘(2) CONDITIONS.—With respect to leverage
granted by the Administration to a rural
business investment company under para-
graph (1)—
‘‘(A) the amount of the leverage made
available shall be subject to the limitations
under section 303(b)(2);
‘‘(B) for the purposes of subparagraph (A),
any leverage granted by the Secretary to the
rural business investment company under
the program carried out under subtitle H of
the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 2009cc et seq.) shall be in-
cluded when determining the maximum
amount of outstanding leverage that may be
made available to the rural business invest-
ment company under this section; and
‘‘(C) the Administration, in consultation
with the Secretary, shall—
‘‘(i) impose such terms and conditions with
respect to the leverage that the Administra-
tion and the Secretary determine to be ap-
propriate; and
‘‘(ii) in developing the terms and condi-
tions described in clause (i)—
‘‘(I) ensure, to the maximum extent prac-
ticable, that those terms and conditions are
not—
‘‘(aa) duplicative of other requirements ap-
plicable to rural business investment compa-
nies; or
‘‘(bb) otherwise unnecessary; and
‘‘(II) take into consideration how rural
business investment companies that have
been issued a license by the Secretary under
section 384D(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc–3(e))
before the date of enactment of this section
could qualify to receive that leverage.
‘‘(c) INTERNAL EVALUATION.—Not later than
June 1 of each year, the Administration shall
perform an evaluation to determine whether
the Administration will be unable to expend
all of the covered amounts for the fiscal year
in which the evaluation is made.’’; and
(2) in section 503(g) (15 U.S.C. 697(g)), by in-
serting ‘‘, and with respect to leverage grant-
ed under section 321,’’ after ‘‘retained by the
Administration under this section’’.
(b) SBA REQUIREMENTS.—
(1) ESTABLISHMENT
OF
APPLICATION
PROC-
ESS.—Not later than 180 days after the date
of enactment of this Act, the Administrator,
in consultation with the Secretary, shall es-
tablish a process through which a rural busi-
ness investment company may apply for le-
verage granted under section 321 of the
Small Business Investment Act of 1958, as
added by subsection (a) of this section.
(2) UPDATE TO RULES.—Not later than 180
days after the date of enactment of this Act,
and in addition to the process established
under paragraph (1), the Administrator shall
make any updates to the rules of the Admin-
istration that are necessary as a result of
this section and the amendments made by
this section.
SEC. 4. INTERAGENCY WORKING GROUP.
(a) ESTABLISHMENT.—Not later than 180
days after the date of enactment of this Act,
the Administrator, in consultation with the
Secretary, shall establish an interagency
working group to develop—
(1) administrative recommendations for
improving the coordination between the Ad-
ministration and the Department of Agri-
culture in administering the program carried
out under part A of title III of the Small
Business Investment Act of 1958 (15 U.S.C. 681
et seq.) and the program carried out under
subtitle H of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc et
seq.), respectively; and
(2) legislative recommendations for im-
proving capital access and investment in
rural areas of the United States through the
programs described in paragraph (1), includ-
ing by increasing the number of licensees
under those programs.
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CONGRESSIONAL RECORD — SENATE
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(b) MEMBERS.—
(1) IN
GENERAL.—The Administrator, in
consultation with the Secretary, shall ap-
point to the working group such representa-
tives from the Administration and the De-
partment of Agriculture, and such non-Fed-
eral industry stakeholders, as the Adminis-
trator, in consultation with the Secretary,
determines to be appropriate.
(2) COMPENSATION.—No member of the
working group may receive any compensa-
tion by reason of the service of the member
on the working group.
(c) REPORT TO CONGRESS.—Not later than
180 days after the date on which the working
group is established under subsection (a), the
working group shall submit to the appro-
priate committees of Congress a report that
contains—
(1) the administrative actions that the Ad-
ministration and the Department of Agri-
culture should take to make the improve-
ments described in paragraph (1) of that sub-
section; and
(2) the legislative recommendations de-
scribed in paragraph (2) of that subsection.
(d) TERMINATION.—The working group shall
terminate upon submission of the report re-
quired under subsection (c).
(e)
IMPLEMENTATION
OF
RECOMMENDA-
TIONS.—Not later than 90 days after the date
on which the working group submits the re-
port required under subsection (c), the Ad-
ministration and the Department of Agri-
culture shall take the administrative actions
described in paragraph (1) of that subsection.
(f) INAPPLICABILITY OF FEDERAL ADVISORY
COMMITTEE
ACT.—The
Federal
Advisory
Committee Act (5 U.S.C. App.) shall not
apply with respect to the working group or
the activities of the working group.
f
SUBMITTED RESOLUTIONS
SENATE RESOLUTION 136—RECOG-
NIZING THE DUTY OF THE SEN-
ATE TO ABANDON MODERN MON-
ETARY
THEORY
AND
RECOG-
NIZING THAT THE ACCEPTANCE
OF MODERN MONETARY THEORY
WOULD LEAD TO HIGHER DEFI-
CITS AND HIGHER INFLATION
Mr. BRAUN (for himself, Ms. ERNST,
and Mr. TILLIS) submitted the fol-
lowing resolution; which was referred
to the Committee on Banking, Hous-
ing, and Urban Affairs:
S. RES. 136
Whereas noted economists from across the
political spectrum have warned that the im-
plementation of Modern Monetary Theory
(referred to in this preamble as ‘‘MMT’’)
would pose a clear danger to the economy of
the United States;
Whereas, in July 2019, Zach Moller, deputy
director of the economic program at Third
Way, wrote in a memo the problems associ-
ated with MMT, including that—
(1) ‘‘Under an MMT regime, policymakers
would need to respond to inflation by doing
two of the most unpopular things ever: rais-
ing taxes and cutting spending. . . . We can
easily imagine divided government’s paral-
ysis to fight inflation: Republicans refusing
to raise taxes and Democrats refusing to cut
spending.’’;
(2) MMT ‘‘ends our central non-political
economic manager’’ and ‘‘markets trust the
Federal Reserve and, as a result, businesses
and individuals have well-anchored inflation
expectations. . . . To solve the challenges
higher interest rates create, including a pos-
sible interest financing spiral, MMT gen-
erally says that the Fed will be tasked with
keeping interest rates low by making the
Federal government, through the Fed, the
consistent (if not the primary) purchaser of
bonds. This is a different mission for the Fed
than it has now. The Fed would no longer be
tasked with intervening to keep prices stable
because it would be too busy buying bonds.
Bond purchases by the Fed generally in-
crease inflation. Thus, the Fed would no
longer be an independent manager of the
economy.’’; and
(3) MMT ‘‘destroys foreign confidence in
America’s finances. . . . Holders of U.S. debt
(in the form of treasuries) expect stability in
value, a return from their investments, and
the ability to be paid back. MMT blows that
up. Bondholders would no longer be assured
a return on their investment, and it will no
longer be as desirable for our creditors to
hold U.S. debt.’’;
Whereas, on May 17, 2019, Joel Griffith, a
research fellow at The Heritage Foundation,
wrote in an article entitled ‘‘The Absurdity
of Modern Monetary Theory’’ the following:
‘‘There is no free lunch. We will pay either
through the visible burden of direct tax-
ation, the hidden tax of inflation, or higher
borrowing costs (as the government com-
petes with businesses for available capital).
Such realities might not make for a great
stump speech, but facing them squarely now
can save us a lot of headaches down the
road.’’;
Whereas, on March 25, 2019, Janet Yellen,
former Chair of the Board of Governors of
the Federal Reserve System, disagreed with
those individuals promoting MMT who sug-
gest that ‘‘you don’t have to worry about in-
terest-rate payments because the central
bank can buy the debt’’, stating: ‘‘That’s a
very wrong-minded theory because that’s
how you get hyper-inflation.’’;
Whereas former Secretary of the Treasury
and Director of the National Economic Coun-
cil Lawrence H. Summers—
(1) on March 5, 2019, wrote in an opinion
piece in the Washington Post entitled ‘‘The
left’s embrace of modern monetary theory is
a recipe for disaster’’ that, ‘‘contrary to the
claims of modern monetary theorists, it is
not true that governments can simply create
new money to pay all liabilities coming due
and avoid default. As the experience of any
number of emerging markets demonstrates,
past a certain point, this approach leads to
hyperinflation.’’; and
(2) on March 4, 2019, said that—
(A) MMT is fallacious at multiple levels;
(B) past a certain point, MMT leads to
hyperinflation; and
(C) a policy of relying on a central bank
to finance government deficits, as advo-
cated by MMT theorists, would likely re-
sult in a collapsing exchange rate;
Whereas, on February 26, 2019, Jerome
Powell, Chair of the Board of Governors of
the Federal Reserve System, stated: ‘‘The
idea that deficits don’t matter for countries
that can borrow in their own currency I
think is just wrong.’’;
Whereas,
on
February
24,
2019,
Matt
Bruenig, founder of the People’s Policy
Project, wrote in an article entitled ‘‘What’s
the Point of Modern Monetary Theory’’ that
‘‘the real point of MMT seems to be to de-
ploy misleading rhetoric with the goal of de-
ceiving people about the necessity of taxes in
a social democratic system. If successful,
these word games might loosen up fiscal and
monetary policy a bit in the short term. But
insofar as getting government spending per-
manently up to 50 percent of GDP really will
require substantially more taxes in the me-
dium and long term.’’;
Whereas,
on
February
21,
2019,
Doug
Henwood, a journalist and economic analyst,
wrote in an article in Jacobin entitled ‘‘Mod-
ern Monetary Theory Isn’t Helping’’ that
‘‘MMT’s lack of interest in the relationship
between money and the real economy causes
adherents to overlook the connection be-
tween taxing, spending, and the allocation of
resources’’;
Whereas, on January 28, 2019, in a question
and answer session with James Pethokoukis
of AEIdeas, Stan Veuger, visiting lecturer of
economics at Harvard University, stated
that, ‘‘if you take MMTers at their word in
the most aggressive sense, then what you
would see is a massive debt finance expan-
sion of the welfare state with Medicare for
All, with a jobs guarantee, and with concerns
about inflation being deferred entirely to
elected officials who would have to raise
taxes to keep it under control. I think in a
scenario like that, we do run a risk of going
back to the 1970s pre-Volker style macro-
economics and I think that would be bad.’’;
Whereas, on January 17, 2019, Michael
Strain, Director of Economic Policy Studies
at AEI, wrote in an opinion article in
Bloomberg entitled ‘‘Modern Monetary The-
ory Is a Joke That’s Not Funny’’ that ‘‘if
you thought from the start that the whole
idea sounded like lunacy, you were right,
even if it’s possible to admit some sliver of
sympathy for it’’;
Whereas Paul Krugman, winner of the 2008
Nobel
Memorial
Prize
in
Economic
Sciences—
(1) on March 1, 2019, posted on Twitter a
point-by-point rebuttal to an article entitled
‘‘The Deficit Myth: Modern Monetary The-
ory and the Birth of the People’s Economy’’
by Stephanie Kelton, which concluded with
Krugman tweeting that—
(A) ‘‘Sorry, but this is just a mess.
Kelton’s response misrepresents standard
macroeconomics, my own views, the ef-
fects of interest rates, and the process of
money creation.’’;
(B) ‘‘Otherwise I guess it’s all fine.’’; and
(C) ‘‘See what I mean about Calvinball?’’;
and
(2) on February 12, 2019, wrote in an opin-
ion piece in the New York Times the fol-
lowing: ‘‘And debt can’t go to infinity—it
can’t exceed total wealth, and in fact as debt
gets ever higher people will demand ever-in-
creasing returns to hold it. So at some point
the government would be forced to run large
enough primary (non-interest) surpluses to
limit debt growth.’’;
Whereas, on November 15, 2019, Jason
Fichtner and Kody Carmody of the Bipar-
tisan Policy Center wrote in a report enti-
tled ‘‘Does the National Debt Matter? A
Look at Modern Monetary Theory, or MMT’’
that—
(1) ‘‘deficits do have a role to play in public
finance’’ but, ‘‘as interest rates rise, some
private-sector projects no longer make fi-
nancial sense and are forgone. Crowding out
private investment ultimately leads to a
misallocation of resources away from their
most economically productive use, ham-
pering economic growth. . . . The more we
borrow today, the more expensive it will be
to continue borrowing in the future. At some
point, debt has to be paid back. There is no
free lunch.’’;
(2) ‘‘MMT underestimates other downside
risks of debt’’ and ‘‘MMT advocates note
that inflation is the only restraint on debt-
financed spending. This leads some to con-
clude that under the theory of MMT, debt is
not a concern, as governments can simply
print more money to pay off debt. Such a
theory is roundly rejected by academic
economists on both sides of the political
spectrum.’’;
(3) printing money has costs, including a
‘‘loss of credibility for the government’’, an
‘‘inflation risk’’, and exacerbating ‘‘exchange
rates’’;
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CONGRESSIONAL RECORD — SENATE
S1832
March 25, 2021
(4) ‘‘MMT assumes away politics’’ and puts
‘‘the onus of inflation control on Congress,
the institution that lately seems worst-
equipped to handle it. The Federal Reserve—
which has spent a long time building exten-
sive credibility in its commitment to fight
inflation—would be largely sidelined.’’;
(5) ‘‘even MMT admits that deficits and
debt matter’’, noting that Stephanie Kelton
has stated: ‘‘I would never take the position
that we ought to move forward, passing leg-
islation with no offsets, to do Green New
Deals, and Jobs Guarantees, and Medicare
for All. In the end, MMT’s arguments largely
boil down to a disagreement over how much
room there is to borrow without accelerating
inflation.’’; and
(6) it is ‘‘hard to pin MMT down on any-
thing at all’’ due, in large part, to the fact
that ‘‘prominent supporters of MMT have
taken vague, sometimes contradictory posi-
tions: When politicians make claims about
paying for the Green New Deal through
MMT, stay silent, and when economists
criticize this view, claim you are being mis-
understood.’’;
Whereas the March 2019 report entitled
‘‘How Reliable is Modern Monetary Theory
as a Guide to Policy?’’ by Scott Sumner and
Patrick Horan of the Mercatus Center at
George Mason University found that—
(1) MMT—
(A) has a flawed model of inflation,
which overestimates the importance of
economic slack;
(B) overestimates the revenue that can
be earned from the creation of money;
(C) overestimates the potency of fiscal
policy, while underestimating the effec-
tiveness of monetary policy;
(D) overestimates the ability of fiscal au-
thorities to control inflation; and
(E) contains too few safeguards against
the risks of excessive public debt; and
(2) an MMT agenda of having fiscal au-
thorities manage monetary policy would run
the risk of—
(A) very high debts;
(B) very high inflation; or
(C) very high debts and very high infla-
tion, each of which may be very harmful to
the broader economy;
Whereas the January 2020 working paper
entitled ‘‘A Skeptic’s Guide to Modern Mone-
tary Theory’’ by N. Gregory Mankiw stated:
‘‘Put simply, MMT contains some kernels of
truth, but its most novel policy prescriptions
do not follow cogently from its premises.’’;
Whereas the January 2019 report entitled
‘‘Modern Monetary Theory and Policy’’ by
Stan Veuger of the American Enterprise In-
stitute warned that ‘‘hyperinflation becomes
a real risk’’ when a government attempts to
pay for massive spending by printing money;
and
Whereas the September 2018 report entitled
‘‘On Empty Purses and MMT Rhetoric’’ by
George Selgin of the Cato Institute warned
that—
(1) when it comes to the ability of Congress
to rely on the Treasury to cover expendi-
tures, Congress is, in 1 crucial respect, more
constrained than an ordinary household or
business is when that household or business
relies on a bank to cover expenditures be-
cause, if Congress is to avoid running out of
money, Congress cannot write checks in
amounts exceeding the balances in the gen-
eral account of the Treasury; and
(2) MMT theorists succeed in turning oth-
erwise banal truths about the workings of
contemporary monetary systems into novel
policy pronouncements that, although tanta-
lizing, are false: Now, therefore, be it
Resolved, That the Senate—
(1)
realizes
that
large
deficits
are
unsustainable, irresponsible, and dangerous;
and
(2) recognizes—
(A) that the acceptance of Modern Mone-
tary Theory would lead to higher deficits
and higher inflation; and
(B) the duty of the Senate to abandon Mod-
ern Monetary Theory in favor of mainstream
fiscal and monetary frameworks.
f
SENATE
RESOLUTION
137—SUP-
PORTING THE GOALS OF WORLD
TUBERCULOSIS DAY TO RAISE
AWARENESS
ABOUT
TUBER-
CULOSIS
Mr. BROWN (for himself and Mr.
SULLIVAN) submitted the following res-
olution; which was referred to the
Committee on Foreign Relations:
S. RES. 137
Whereas, in 2019, nearly 1⁄4 of the global
population was infected with the tuber-
culosis bacterium (referred to in this pre-
amble as ‘‘TB’’);
Whereas the World Health Organization
(referred to in this preamble as the ‘‘WHO’’)
estimates that 10,000,000 people developed TB
in 2019, 8.2 percent of whom were also in-
fected with the human immunodeficiency
virus (referred to in this preamble as ‘‘HIV’’);
Whereas, in 2019, TB killed an estimated
1,408,000 people, causing more deaths world-
wide than any other single infectious agent;
Whereas, globally in 2019, an estimated
1,200,000 children developed TB, and in 2017,
230,000 children died of TB;
Whereas 2⁄3 of new TB infections in 2019 oc-
curred in 8 countries: India, Indonesia,
China, the Philippines, Pakistan, Nigeria,
Bangladesh, and South Africa;
Whereas TB is a leading killer of people in-
fected with HIV, and 208,000 people with HIV
died of TB in 2019;
Whereas vulnerable populations also at
high risk for developing TB include individ-
uals who are pregnant and newborns;
Whereas, in 2018, TB was one of the 6 lead-
ing causes of death among adult women be-
tween the ages of 15 and 49 in low-income
countries;
Whereas, in some settings, women with TB
can
face
stigma,
discrimination,
and
ostracization by their families and commu-
nities;
Whereas the global TB epidemic and the
spread of drug-resistant TB present a per-
sistent public health threat to the United
States because the disease does not recognize
borders;
Whereas antibiotic-resistant pathogens are
a growing problem worldwide, and drug-re-
sistant TB can occur when the drugs used to
treat TB are mismanaged or not made con-
sistently accessible;
Whereas studies have demonstrated direct
person-to-person transmission of drug-resist-
ant TB;
Whereas multi-drug resistant TB (referred
to in this preamble as ‘‘MDR–TB’’) is caused
by bacteria with resistance to rifampin and
isoniazid, the 2 most potent treatments for
TB infection;
Whereas, in 2019, according to the 2020
WHO Global Tuberculosis Report, an esti-
mated 3.3 percent of all new TB cases and 18
percent of previously treated cases were
MDR–TB or rifampin-resistant TB;
Whereas, in 2019, an estimated 465,000 peo-
ple around the world developed MDR–TB or
rifampin-resistant TB, yet only approxi-
mately 38 percent of those individuals were
identified and treated;
Whereas extensively drug-resistant TB (re-
ferred to in this preamble as ‘‘XDR–TB’’) is
a rare type of TB that is resistant to nearly
all medicines, and therefore can be very dif-
ficult and expensive to treat, especially
among patients with HIV;
Whereas, in 2019, every WHO region re-
ported XDR–TB cases;
Whereas, in 2019, the Centers for Disease
Control and Prevention (referred to in this
preamble as ‘‘CDC’’) estimated that the aver-
age cost of treating a single patient with
MDR–TB in the United States was $178,000,
and the average cost of treating a patient
with XDR–TB was even higher at $553,000,
compared with $20,000 to treat a patient with
drug-susceptible TB;
Whereas, between 2005 and 2007, according
to an analysis by CDC, MDR–TB and XDR–
TB cases in the United States collectively
cost the health care system an estimated
$53,000,000;
Whereas CDC estimates that costs result-
ing from all forms of TB in the United States
totaled more than $608,000,000 in 2019;
Whereas, in a 2000 report, the Institute of
Medicine found that a decrease in TB control
funding and the spread of HIV and acquired
immune deficiency syndrome (commonly re-
ferred to as ‘‘AIDS’’) caused a resurgence of
TB in the late 1980s and early 1990s;
Whereas a total of 8,916 TB cases were re-
ported in the United States in 2019, rep-
resenting all 50 States and the District of Co-
lumbia, and up to 13,000,000 people in the
United States are estimated to be living with
latent TB infection;
Whereas 75 percent of States have reported
an increase in the proportion of complex
cases of TB in recent years due to factors
such as homelessness, HIV infection, drug re-
sistance, substance abuse, refugee status,
and other factors;
Whereas the rate of TB disease in African
Americans is 8 times higher than the rate of
disease in White, non-Hispanic Americans,
and significant disparities exist among other
minorities in the United States, including
Asian Americans, Hispanic Americans, and
Native Americans and Alaska Natives, with
approximately 88 percent of all reported TB
cases in the United States in 2019 occurring
in racial or ethnic minorities;
Whereas smoking—
(1) greatly increases the risks of con-
tracting TB and infection recurrence; and
(2) impairs therapeutic efficacy;
Whereas diabetes is a major risk factor for
TB, and people with diabetes are more likely
to develop and succumb to TB;
Whereas bedaquiline is an antibiotic that
boosts an MDR–TB patient’s chance of sur-
vival from approximately 50 percent to as
much as 80 percent, and through a public-pri-
vate partnership, the United States Agency
for International Development (referred to
in this preamble as ‘‘USAID’’) provided ap-
proximately 105,000 treatments in 110 eligible
countries from 2015 through 2019;
Whereas Bacillus Calmette-Guerin, a TB
vaccine that is known as ‘‘BCG’’, provides
some protection to infants and young chil-
dren against serious forms of childhood TB
but has had little epidemiologic impact on
controlling TB worldwide;
Whereas there is a critical need for new
drugs, diagnostics, and vaccines for control-
ling the global TB epidemic;
Whereas, in September 2018, the United Na-
tions held the first high-level meeting on TB
in which 120 countries, including the United
States, signed a political declaration com-
mitting to accelerating the TB response, in-
cluding by increasing funding for TB control
programs and research and development ef-
forts, with the goal of reaching all affected
people with TB prevention and care;
Whereas the enactment of the Tom Lantos
and Henry J. Hyde United States Global
Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Reauthorization Act of 2008
(Public Law 110–293; 122 Stat. 2918), and the
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CONGRESSIONAL RECORD — SENATE
S1833
March 25, 2021
Comprehensive
Tuberculosis
Elimination
Act of 2008 (Public Law 110–392; 122 Stat. 4195)
led to a historic United States commitment
to support the global eradication of TB, in-
cluding a commitment to treat 4,500,000 TB
patients and 90,000 MDR–TB patients be-
tween 2009 and 2013 and to provide additional
treatment through coordinated multilateral
efforts;
Whereas USAID—
(1) provides technical assistance to 55
countries and implements bilateral programs
in 23 high-burden TB countries that—
(A) build capacity; and
(B) support the adoption of state-of-the-
art TB-related technologies;
(2) supports the development of new diag-
nostic and treatment tools; and
(3) supports research to develop new vac-
cines and other new methods to combat TB;
Whereas, in 2018, USAID launched—
(1) a new business model entitled ‘‘Global
Accelerator to End Tuberculosis’’ to accel-
erate progress and build capacity with re-
spect to TB prevention and treatment; and
(2) a new mechanism to directly support
local organizations in priority countries;
Whereas TB incidence in the countries that
receive bilateral TB funding from the United
States through USAID has decreased by
more than 29 percent since 2000;
Whereas, according to the Copenhagen
Consensus Center, TB prevention programs
return $56 for each dollar invested, which is
one of the highest returns on investment of
any health intervention;
Whereas CDC, in partnership with other
entities of the United States and individual
States and territories—
(1) directs the national TB elimination pro-
gram;
(2) coordinates TB surveillance, technical
assistance, and prevention activities; and
(3) helps to support the development of new
diagnostic, treatment, and prevention tools
to combat TB;
Whereas the National Institutes of Health,
through its many institutes and centers,
plays the leading role in basic and clinical
research on the identification, treatment,
and prevention of TB;
Whereas the Global Fund to Fight AIDS,
Tuberculosis and Malaria (referred to in this
preamble as the ‘‘Global Fund’’), to which
the United States is a top financial donor,
provides more than 73 percent of all inter-
national financing for TB programs;
Whereas, in 2019, Global Fund-supported
programs detected and treated more than
5,700,000 cases of TB;
Whereas
the
coronavirus
disease
2019
(COVID–19) pandemic and mitigation efforts
put in place as a result of the pandemic have
taken a devastating toll on countries with
the highest burden of TB disease and on the
global TB response, threatening to reverse
up to 8 years of progress fighting the disease;
Whereas, in 2020, in the 23 high-burden TB
countries in which USAID implements bilat-
eral programs, 1,000,000 fewer people with TB
had access to diagnosis and treatment, a 23
percent decline from 2019;
Whereas, between 2020 and 2025, global pro-
jections estimate that the impact of the
COVID–19 pandemic will lead to an addi-
tional 6,300,000 cases of TB and an additional
1,400,000 TB deaths; and
Whereas March 24, 2021, is World Tuber-
culosis Day, a day that commemorates the
date in 1882 on which Dr. Robert Koch an-
nounced his discovery of Mycobacterium tu-
berculosis, the bacterium that causes TB:
Now, therefore, be it
Resolved, That the Senate—
(1) supports the goals of World Tuber-
culosis Day to raise awareness about tuber-
culosis;
(2) commends the progress of tuberculosis
elimination efforts by entities that include
the United States Agency for International
Development, the Centers for Disease Con-
trol and Prevention, the National Institutes
of Health, the World Health Organization,
and the Global Fund to Fight AIDS, Tuber-
culosis and Malaria; and
(3) reaffirms the commitment to strength-
en the leadership role of the United States
in, and the effectiveness of the global re-
sponse to, the fight to end the tuberculosis
epidemic.
f
SENATE RESOLUTION 138—URGING
THE EUROPEAN PARLIAMENT TO
EXEMPT
CERTAIN
TECH-
NOLOGIES
USED
TO
DETECT
CHILD
SEXUAL
EXPLOITATION
FROM
EUROPEAN
UNION
EPRIVACY DIRECTIVE
Mr. COTTON (for himself, Mr. BOOZ-
MAN, and Ms. MURKOWSKI) submitted
the following resolution; which was re-
ferred to the Committee on Foreign
Relations:
S. RES. 138
Whereas ensuring the safety of children on-
line is a global issue that nations must ad-
dress together;
Whereas the online trafficking of child sex-
ual abuse material (referred to in this pre-
amble as ‘‘CSAM’’) and online enticement of
children (also known as ‘‘grooming’’) are per-
vasive problems that are growing at dra-
matic rates;
Whereas crucial tools in detecting CSAM
and grooming online and protecting children
using online platforms from child predators
are hashing, PhotoDNA, and anti-grooming
technologies that are voluntarily used by
electronic service providers (referred to in
this preamble as ‘‘ESPs’’) to detect, report,
and remove CSAM;
Whereas the use of hashing, PhotoDNA,
and anti-grooming technology by ESPs has
generated millions of reports annually to the
CyberTipline of the National Center for
Missing & Exploited Children;
Whereas the CyberTipline is a global hot-
line for reports related to child sexual ex-
ploitation that was authorized by Congress
in 1998;
Whereas in 2019, more than 69,000,000 im-
ages, videos, and files related to child sexual
abuse were reported to the CyberTipline,
with more than 3,000,000 of these images, vid-
eos, and files related to an offender or child
victim in the European Union (referred to in
this preamble as the ‘‘EU’’);
Whereas in a Communication to the Euro-
pean Parliament, dated July 24, 2020, the Eu-
ropean Commission noted, ‘‘the EU has be-
come the largest host of child sexual abuse
material globally (from more than half in
2016 to more than two thirds in 2019)’’;
Whereas in 2018, an EU Directive extended
the scope of prohibitions on processing per-
sonal data in the electronic communications
sector to cover interpersonal communica-
tions, such as messenger services and e-mail;
Whereas this EU Directive caused ESPs to
lose
the
legal
basis
to
use
hashing,
PhotoDNA, and anti-grooming technologies
to detect and report CSAM and online en-
ticement of children to the CyberTipline;
Whereas this EU Directive took effect on
December 21, 2020, without any derogation to
exempt the voluntary practice of using these
technologies to detect and report distribu-
tion of CSAM and enticement of children for
sexual abuse;
Whereas the prohibition on the use of
hashing, PhotoDNA, and anti-grooming tech-
nologies will have dire consequences for chil-
dren in Europe and globally;
Whereas, since the EU Directive took ef-
fect, reports to the National Center for Miss-
ing and Exploited Children’s CyberTipline
from the EU decreased by 51 percent during
the 6-week period immediately following the
Directive’s implementation compared to the
same period in 2020;
Whereas it is unclear whether ESPs—
(1) will be able to partition the use of hash-
ing, PhotoDNA, and anti-grooming tech-
nologies to carve out users in the EU; and
(2) will decide to abandon the voluntary
use of these technologies in the United
States and globally;
Whereas since children in the United
States can be harmed by online predators in
the EU through grooming, enticement, and
the dissemination of CSAM images among
EU offenders, such material should be de-
tected, reported, and removed;
Whereas if the use of hashing, PhotoDNA,
and anti-grooming technologies for detecting
CSAM and grooming is stopped, the exploi-
tation of children globally will largely go
undetected and continue to proliferate; and
Whereas Congress agrees with the Euro-
pean Commission that ‘‘immediate action
must be taken to address this issue’’:
Now, therefore, be it
Resolved, That the Senate—
(1) finds that hashing, PhotoDNA, and
anti-grooming technologies are essential in
detecting child sexual abuse material and ex-
ploitation online, including known and new
CSAM, and grooming of children globally;
and
(2) urges the European Parliament to enact
legislation that amends the EU Directive to
allow electronic service providers to con-
tinue their current voluntary activities of
using hashing, PhotoDNA, and anti-groom-
ing technologies for the purpose of detecting
child sexual exploitation.
f
SENATE RESOLUTION 139—RECOG-
NIZING
THE
IMPORTANCE
OF
THE BLUEBERRY INDUSTRY TO
THE UNITED STATES AND DES-
IGNATING
JULY
2021
AS
‘‘NA-
TIONAL BLUEBERRY MONTH’’
Ms. STABENOW (for herself, Mr.
WARNOCK, Mr. PETERS, Mr. BOOKER, Mr.
MENENDEZ, Ms. COLLINS, Ms. CANT-
WELL, Mr. KING, Mr. MERKLEY, Mrs.
MURRAY, and Mr. WYDEN) submitted
the following resolution; which was re-
ferred to the Committee on the Judici-
ary:
S. RES. 139
Whereas blueberries are a native North
American fruit, first managed and harvested
as wild blueberries by the native Wabanaki;
Whereas wild blueberries continue to be
managed and harvested in Maine by farmers
including the Wabanaki, as a native, natu-
rally occurring crop;
Whereas the pioneering work conducted in
New Jersey in the early 1900s by Elizabeth
White and Dr. Frederick Coville, a botanist
at the Department of Agriculture, to domes-
ticate wild lowbush blueberries resulted in
the development of the hybrid for cultivated
highbush blueberries;
Whereas because of these early efforts,
highbush blueberries are large, sweet, juicy
berries that can be commercially produced
and shipped;
Whereas wild blueberries—
(1) are small and sweet; and
(2) are not planted, but still grow and are
harvested where they have naturally oc-
curred for thousands of years;
Whereas the blueberry industry in the
United States is an important sector of
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CONGRESSIONAL RECORD — SENATE
S1834
March 25, 2021
United States agriculture with an annual
economic impact of $4,700,000,000;
Whereas highbush and wild blueberries
have a total harvested area estimated at
more than 140,000 acres and are produced in
48 States by nearly 13,185 farms;
Whereas
blueberry
production
in
the
United States has continually increased,
with particular growth in the first 2 decades
of the 21st century, to reach a harvest of
730,000,000 pounds in 2020;
Whereas blueberries are low in fat and a
source of fiber, vitamins, and minerals;
Whereas blueberries are being studied to
examine the role the berries may play in pro-
moting good health in areas such as cardio-
vascular health, brain health, exercise, insu-
lin response, and gut health; and
Whereas blueberries are harvested in the
United States from March through early
September, with the harvest reaching its
peak in July: Now, therefore, be it
Resolved, That the Senate—
(1) designates July 2021 as ‘‘National Blue-
berry Month’’;
(2) recognizes the contributions of blue-
berry growers in the United States and their
families; and
(3) recognizes that purchasing blueberries
grown in the United States supports farmers,
jobs, communities, and the economy of the
United States.
f
SENATE
RESOLUTION
140—CON-
DEMNING THE HORRIFIC SHOOT-
INGS IN ATLANTA, GEORGIA, ON
MARCH 16, 2021, AND REAFFIRM-
ING THE COMMITMENT OF THE
SENATE TO COMBATING HATE,
BIGOTRY,
AND
VIOLENCE
AGAINST THE ASIAN-AMERICAN
AND PACIFIC ISLANDER COMMU-
NITY
Mr. WARNOCK (for himself, Ms.
DUCKWORTH,
Mr.
MARKEY,
Mr.
BLUMENTHAL, Mr. CASEY, Mr. WYDEN,
Mr. CARPER, Mr. VAN
HOLLEN, Ms.
HIRONO, Mr. WHITEHOUSE, Mr. SCHATZ,
Mr. DURBIN, Mr. REED, Mr. SANDERS,
Mr. KAINE, Mrs. FEINSTEIN, Ms. CANT-
WELL, Mr. MURPHY, Mr. BROWN, Mr.
PADILLA, Mrs. MURRAY, Ms. HASSAN,
Mr. COONS, Mr. MENENDEZ, Mr. BOOKER,
Ms. CORTEZ MASTO, Ms. BALDWIN, Ms.
KLOBUCHAR, Ms. WARREN, Ms. ROSEN,
Mr. MERKLEY, and Mr. OSSOFF) sub-
mitted the following resolution; which
was referred to the Committee on the
Judiciary:
S. RES. 140
Whereas, on March 16, 2021, a shooter mur-
dered 8 people and injured 1 in the Atlanta,
Georgia region in 3 separate shootings that
took place at Asian American-owned spas;
Whereas the people of the United States
mourn the 8 innocent lives lost—7 of whom
were women, 6 of whom were women of Asian
descent, and several of whom were immi-
grants;
Whereas
the
victims
included
Xiaojie
‘‘Emily’’ Tan, Daoyou Feng, Delaina Ashley
Yaun, Paul Andre Michels, Yong Ae Yue,
Soon Chung ‘‘Julie’’ Park, Hyun Jung Grant,
and Suncha Kim;
Whereas 49-year-old Xiaojie ‘‘Emily’’ Tan,
a hardworking mother and the owner of one
of the spas, was a dedicated and caring busi-
ness owner who is survived by her daughter
and husband;
Whereas 44-year-old Daoyou Feng was an
employee who recently began working at one
of the spas;
Whereas 33-year-old Delaina Ashley Yaun,
a newlywed and mother of 2, was at one of
the spas to receive a couple’s massage with
her husband when her life was cut short;
Whereas 54-year-old Paul Andre Michels
was a caring husband and United States
Army veteran who did maintenance work for
one of the spas and is survived by his wife;
Whereas 63-year-old Yong Ae Yue was a
mother of 2 sons who was known for her
kindness and generosity and her love of her
pet Shih Tzu;
Whereas 74-year-old Soon Chung ‘‘Julie’’
Park was a mother and grandmother who
helped manage one of the spas and helped to
prepare meals for the employees;
Whereas 51-year-old Hyun Jung Grant was
a former elementary school teacher and
hardworking single mother who dedicated
her life to raising her 2 sons;
Whereas 69-year-old Suncha Kim was a
wife, mother, and grandmother who enjoyed
line dancing and had been married for more
than 50 years;
Whereas the Georgia shootings came in the
midst of an alarming surge in anti-Asian
hate crimes and incidents that have caused
many Asian Americans across the United
States to feel fearful and unsafe;
Whereas the use of anti-Asian terminology
and rhetoric to refer to COVID–19, such as
the ‘‘Chinese virus’’, ‘‘Wuhan virus’’, and
‘‘kung flu’’ perpetuate anti-Asian stigma
that has resulted in Asian Americans being
harassed, assaulted, and scapegoated for the
COVID–19 pandemic;
Whereas, in 2020, anti-Asian hate crimes
increased by nearly 150 percent in major cit-
ies throughout the United States;
Whereas, according to a recent report by
Stop AAPI Hate, there were nearly 3,800 re-
ported cases of anti-Asian discrimination re-
lated to COVID–19 between March 19, 2020
and February 28, 2021;
Whereas 68 percent of reported incidents of
anti-Asian hate targeted Asian-American
women, a population that has been histori-
cally
marginalized,
sexualized,
and
fetishized;
Whereas, on March 19, 2021, President Joe
Biden and Vice President Kamala Harris met
with Asian-American leaders in Georgia and
reaffirmed their strong commitment to con-
demning and combating racism, xenophobia,
and violence targeting the Asian-American
community; and
Whereas the people of the United States
will always remember the victims of these
shootings and stand in solidarity with those
affected by this senseless tragedy: Now,
therefore, be it
Resolved, That the Senate—
(1) condemns the heinous and inexcusable
acts of gun violence that led to the tragic
loss of 8 lives in Georgia on March 16, 2021;
(2) condemns any racism and sexism in the
choice of the shooter to target Asian Amer-
ican-owned businesses and murder 6 women
of Asian descent;
(3) honors the memory of the victims, of-
fers heartfelt condolences to the families of
the victims, and recognizes that the healing
process will be long and difficult for the
Asian American and Pacific Islander commu-
nity and all communities impacted by this
tragedy; and
(4) reaffirms the commitment of the
United States Federal Government to com-
bating hate, bigotry, and violence against
Asian Americans and Pacific Islanders and
to prevent tragedies like this from ever hap-
pening again.
SENATE RESOLUTION 141—RECOG-
NIZING
THE
CRITICAL
IMPOR-
TANCE OF ACCESS TO RELIABLE,
CLEAN
DRINKING
WATER
FOR
NATIVE AMERICANS AND ALAS-
KA NATIVES AND CONFIRMING
THE
RESPONSIBILITY
OF
THE
FEDERAL GOVERNMENT TO EN-
SURE SUCH WATER ACCESS
Mr.
BENNET
(for
himself,
Mr.
WYDEN, Ms. WARREN, Mrs. MURRAY, Mr.
MERKLEY, Ms. CANTWELL, Mr. HEIN-
RICH, Mr. KELLY, Mr. BOOKER, Mr.
TESTER, and Mr. SCHATZ) submitted the
following resolution; which was re-
ferred to the Committee on Indian Af-
fairs:
S. RES. 141
Whereas access to reliable, clean drinking
water is an essential human need that is
critical to the public health, well-being, edu-
cational attainment, and economic develop-
ment of all communities in the United
States;
Whereas many countries, along with the
United Nations, have recognized the urgency
of water access by passing laws or resolu-
tions regarding the human right to water,
including recognition of these needs among
indigenous peoples and establishing aggres-
sive targets for achieving universal access to
this basic service;
Whereas access to reliable, clean drinking
water has long been a significant problem in
many Tribal communities and in many Alas-
ka Native Villages, such that nearly half of
all Native American households still do not
have access to reliable water sources, clean
drinking water, and are significantly more
likely than White households to lack indoor
plumbing;
Whereas reliable, clean drinking water
may be unavailable to these households for a
number of reasons, including because—
(1) there is no piped water system con-
necting to the house;
(2) the water available to the household
does not meet minimum protective stand-
ards;
(3) the water infrastructure is deterio-
rating or insufficient; or
(4) Indian Tribes face challenges in sup-
porting the operation and maintenance needs
of existing water infrastructure;
Whereas Federal programs administered
through the Indian Health Service of the De-
partment of Health and Human Services, the
Environmental Protection Agency, the De-
partment of Agriculture, and other Federal
and State agencies have been unsuccessful in
developing the infrastructure necessary to
provide reliable, clean drinking water for
some Tribal communities;
Whereas many Indian Tribes have signifi-
cant unresolved claims for Federally re-
served water rights, many of which have
been unresolved for decades and which may
not be resolved for many years to come, due
in part to the complex and significant issues
typically involved in water rights adjudica-
tion and settlements;
Whereas the development of water infra-
structure in Tribal communities has fre-
quently been conditioned on the settlement
of such Tribal reserved water rights, and has
been prevented or delayed by continuing un-
certainty over the status of Tribal water
rights, by the years-long process of Tribal
water rights settlements, or by continued
conflict over the quantification of Tribal re-
served water rights in State water rights ad-
judications;
Whereas the quantity of water that would
be required to supply reliable, clean drinking
water to provide for the basic needs of the
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CONGRESSIONAL RECORD — SENATE
S1835
March 25, 2021
residents of Tribal communities and in Alas-
ka Native Villages are typically only a small
fraction of the total quantity of Tribal re-
served water rights;
Whereas the trust responsibility of the
Federal Government to Tribal nations re-
quires the Federal Government to ensure the
survival and welfare of Indian Tribes and
people, and the failure to provide basic water
service cannot be reconciled with this trust
responsibility;
Whereas the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301
et seq.) affirmed the trust responsibility of
the Federal Government to support Tribal
self-governance and self-determination, and
these goals cannot be fully realized without
addressing inequities such as ensuring access
to reliable, clean drinking water for every
Tribal community;
Whereas the ongoing COVID–19 pandemic
has had a disproportionate impact on Native
American people due to factors including
persistent economic disadvantages in Tribal
communities and in Alaska Native Villages,
racial inequity, lack of access to adequate
health care, and lack of public health infra-
structure, including access to running water;
and
Whereas the COVID–19 pandemic has pro-
vided a stark reminder that access to reli-
able, clean drinking water to support basic
hygiene is a matter of life or death for all
citizens of the United States: Now, therefore,
be it
Resolved, That—
(1) it is the sense of the Senate that—
(A) access to reliable, clean drinking water
in Tribal communities and in Alaska Native
Villages is an essential human need, is crit-
ical to the health, well-being, and economic
development of people living on such com-
munities and in such villages, and is integral
to maintaining the public health of the en-
tire United States;
(B) settlement or adjudication of Tribal
claims of reserved water rights is not and
should not be a prerequisite to the provision
of this basic human service to households lo-
cated in Tribal communities and in Alaska
Native Villages, nor should the provision of
such basic human services be used to lever-
age the resolution of Tribal reserved water
rights and claims; and
(C) the provision of reliable, clean drinking
water to support the domestic requirements
of Tribal members and Tribal communities
is an essential component of the Federal
trust responsibility to Indian Tribes; and
(2) the Senate—
(A) calls upon the Federal Executive
Branch to work in collaboration with Tribal
governments and with any relevant State
and local jurisdictions to expedite the plan-
ning, design, development, and operation of
the infrastructure necessary to provide reli-
able, clean drinking water in Tribal commu-
nities and in Alaska Native Villages, and to
inform Congress of further authorizations
and expenditures that may be necessary to
meet this objective;
(B) calls upon the Federal Executive
Branch to employ a ‘‘whole of government’’
approach to ensure the provision of reliable,
clean drinking water to households in Tribal
communities and in Alaska Native Villages
and to create an interagency task force con-
sisting of high-level representatives from de-
partments and agencies with authority to
provide water infrastructure that will work
to remove barriers, optimize funding, and
make immediate and tangible progress on
meeting this objective and report annually
to Congress on such progress; and
(C) calls upon the Federal Executive
Branch, State governments, and affected
water agencies to affirmatively support de-
coupling the planning, design, development,
and operation of such infrastructure from
the settlement or adjudication of Tribal re-
served water rights, and to support the de-
velopment of that infrastructure necessary
to provide reliable, clean drinking water in
Tribal communities independent of such set-
tlements or adjudications.
f
SENATE RESOLUTION 142—RECOG-
NIZING
THE
IMPORTANCE
OF
THE UNITED STATES-JAPAN RE-
LATIONSHIP TO SAFEGUARDING
GLOBAL SECURITY, PROSPERITY,
AND HUMAN RIGHTS AND WEL-
COMING THE VISIT OF PRIME
MINISTER YOSHIHIDE SUGA TO
THE UNITED STATES
Mr. MENENDEZ (for himself, Mr.
HAGERTY, Mr. MARKEY, Mr. ROMNEY,
and Mr. COONS) submitted the fol-
lowing resolution; which was referred
to the Committee on Foreign Rela-
tions:
S. RES. 142
Whereas the United States-Japan alliance
is a cornerstone of global peace and stability
and underscores the past, present, and future
United States commitment to the stability
and prosperity of Japan and the Indo-Pacific
region;
Whereas the United States and Japan es-
tablished diplomatic relations on March 31,
1854, with the signing of the Treaty of Peace
and Amity;
Whereas 2021 marks the 76th anniversary of
the end of World War II, a conflict in which
the United States and Japan were enemies,
and the strength of the alliance is a testa-
ment to the ability of great nations to over-
come the past and to work together to create
a more secure and prosperous future;
Whereas, January 19, 2021, marked the 61st
anniversary of the signing of the Treaty of
Mutual Cooperation and Security between
the United States and Japan;
Whereas the U.S.–Japan Security Consult-
ative Committee (2+2) met on March 16, 2021,
in Tokyo and ‘‘reaffirmed that the U.S.-
Japan Alliance remains the cornerstone of
peace, security, and prosperity in the Indo-
Pacific region’’;
Whereas the American and Japanese people
share deeply rooted values of defending free-
dom, championing economic and social op-
portunity and inclusion, and respecting the
rule of law;
Whereas the peoples of Japan and the
United States support each other in times of
need with Japan being one of the first coun-
tries to offer assistance following the 9/11 at-
tacks and Hurricane Katrina, and Americans
supporting Japan in the aftermath of the
Great East Japan Earthquake, ten years ago
this month, through Operation Tomodachi;
Whereas the strength of the United States-
Japan relationship is due in part to the sub-
stantial reservoir of goodwill created by the
close ties between the American and Japa-
nese people at the grassroots level, often
supported by the Governments of the United
States and Japan;
Whereas there are more than 30,000 United
States alumni of the Government of Japan-
sponsored Japan Exchange and Teaching
(JET) program, including nearly 200 JET
program alumni working at the Department
of State;
Whereas the Fulbright program has sent
nearly 7,500 young Japanese on Fulbright
scholarships to the United States since 1952,
and there are 37 United States-based Japan-
America Society chapters, and the United
States and Japan also share more sister city
relationships than any other two countries;
Whereas the Governments and people of
the United States and Japan share a com-
mitment to free and open markets, high
standards for the free flow of commerce and
trade, and the establishment of an inclusive
architecture for regional and global trade
and development;
Whereas the United States and Japan are
top trading partners that exchange over
$300,000,000,000 worth of goods and services
each year, Japan serves as the biggest cumu-
lative Foreign Direct Investment (FDI) con-
tributor to the United States and the biggest
job creator in the United States manufac-
turing sector regarding trade, and the United
States-Japan bilateral economic relationship
is one of strongest in the world;
Whereas the United States and Japan are
working closely via whole-of-government
initiatives, bilateral partnerships, coopera-
tion with like-minded countries, multilat-
eral mechanisms including the Asia-Pacific
Economic Cooperation (APEC) forum, and
enhanced private-sector engagement to as-
sist countries in the Indo-Pacific and across
the globe to catalyze investment in infra-
structure, energy, and the digital economy
to
promote
connectivity
and
economic
growth;
Whereas United States-Japan economic co-
operation has also led to close collaboration
in science and technology and promoted
shared values in research, including on
COVID–19 response, the digital economy, na-
tional security-focused investment screen-
ing,
quantum
sciences,
artificial
intel-
ligence, space exploration, biosciences, col-
laborative 5G networks, and interoperable
approaches for Open RAN (radio access net-
work) technologies;
Whereas, following a year of delay due to
the COVID–19 pandemic, Japan will host the
Olympic and Paralympic Games in the sum-
mer of 2021, bringing together athletes from
around the world in a celebration of the re-
silience of the human spirit;
Whereas a robust and effective trilateral
relationship between and among the United
States, the ROK, and Japan is critical for
joint security and interests in defending
freedom and democracy, upholding human
rights, championing women’s empowerment,
combating climate change, promoting re-
gional and global peace, security, and the
rule of law in the Indo-Pacific and across the
globe;
Whereas a robust and effective trilateral
relationship between and among the United
States, the ROK, and Japan is critical for
joint security and interests in defending
freedom and democracy, upholding human
rights, championing women’s empowerment,
combating climate change, promoting re-
gional and global peace, security, and the
rule of law in the Indo-Pacific and across the
globe;
Whereas the United States welcomes Ja-
pan’s successive measures to enhance the
role of its Self Defense Forces in securing
peace and stability in the region and beyond,
including its commitment on collective self
defense under Japan’s laws, which strength-
ens the alliance’s ability to defend Japan and
to continue safeguard regional security;
Whereas the United States-Japan alliance
is essential for ensuring maritime security
and freedom of navigation, commerce, and
overflight in the waters of the East China
Sea;
Whereas the United States invests signifi-
cant military resources and capabilities to
meet the Alliance’s current and future secu-
rity challenges and through the U.S.-Japan
Host Nation Support framework, the Govern-
ment of Japan shares the costs of stationing
United States forces in Japan;
Whereas the United States and Japan, to-
gether with Australia and India, form a
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CONGRESSIONAL RECORD — SENATE
S1836
March 25, 2021
quadrilateral security cooperation known as
the Quad which met on March 12, 2021, and
reaffirmed its commitment to a shared vi-
sion for an Indo-Pacific region that is ‘‘free,
open, inclusive, healthy, anchored by demo-
cratic values, and unconstrained by coer-
cion’’;
Whereas people-to-people ties between the
United States and Japan are long-standing
and deep, as exemplified by the gift of the
beautiful cherry trees that dot our Nation’s
capital from the People of Japan to the Peo-
ple of the United States in 1912, and the cher-
ry blossom festivals currently taking place
across our Nation, signifying an unbreakable
bond between the two nations; and
Whereas, in April 2021, Prime Minister
Yoshihide Suga will visit the United States
at the invitation of President Joe Biden:
Now, therefore, be it
Resolved, That the Senate—
(1) welcomes Prime Minister Yoshihide
Suga to the United States;
(2) reaffirms the importance of the United
States-Japan alliance for maintaining peace
and stability and fostering a free and open
Indo-Pacific region and beyond;
(3) supports ongoing efforts to further
strengthen the United States-Japan alliance,
including the U.S.-Japan Security Consult-
ative Committee (2+2) to confront threats
posed by aggressive actors that threaten the
peace and safety of both nations;
(4) supports strong cooperation between
the United States and Japan in safeguarding
maritime security and ensuring freedom of
navigation, commerce, and overflight in the
East and South China Seas;
(5) affirms the Senkaku Islands fall within
the scope of Article V of the U.S.-Japan
Treaty of Mutual Cooperation and Security,
and remain opposed to any unilateral at-
tempts to change the status quo in the East
China Sea or undermine Japan’s administra-
tion of these islands;
(6) acknowledges Japan’s critical role as
the sole East Asian member of the Quad,
which commits to a shared vision for a free
and inclusive Indo-Pacific region;
(7) stands in solidarity with Japan as it
seeks justice and accountability for its
abductees, and pledges the full support of the
United States for Japan in seeking to resolve
this issue;
(8) recognizes the support of the Govern-
ment of Japan in addressing global chal-
lenges, including COVID–19 challenges, that
threaten the health and safety of people ev-
erywhere;
(9) supports the expansion of academic and
cultural
exchanges
between
the
United
States and Japan, especially efforts to en-
courage Japanese students to study at uni-
versities in the United States, and vice
versa, to deepen people-to-people ties;
(10) encourages the expansion of collabora-
tion for research and development of new
and emerging cyber technologies with Japan,
especially to address global challenges posed
by
the
proliferation
of
digital
authoritarianism;
(11) promotes deepening the economic and
trade ties between the United States and
Japan,
including
the
empowerment
of
women, which is vital for the prosperity of
both our nations, the Indo-Pacific region,
and the world; and
(12) calls for continued cooperation be-
tween the Governments of the United States
and Japan in the promotion of human rights.
SENATE
RESOLUTION
143—TO
HONOR AND RECOGNIZE THE PA-
TRIOTISM AND SERVICE TO THE
UNITED STATES PROVIDED BY
VETERANS SERVICE ORGANIZA-
TIONS
DURING
THE
COVID–19
PANDEMIC
Ms. HASSAN (for herself, Mr. TILLIS,
Ms.
SINEMA,
Mr.
CRAMER,
Mr.
BLUMENTHAL, Mr. CASSIDY, Mr. SAND-
ERS, Mr. BOOZMAN, Mrs. BLACKBURN,
Ms. HIRONO, Mr. BROWN, and Mr.
TUBERVILLE) submitted the following
resolution; which was referred to the
Committee on Veterans’ Affairs:
S. RES. 143
Whereas, throughout the United States,
the coronavirus disease 2019 (COVID–19) pan-
demic (referred to in this preamble as the
‘‘pandemic’’) has devastated veterans and
their families;
Whereas the Department of Veterans Af-
fairs (referred to in this preamble as the
‘‘VA’’) has tested or treated over 230,000
cases of COVID–19 and has recorded over
10,000 known deaths caused by COVID–19;
Whereas over 1,000,000 veterans lost their
jobs because of the pandemic, with veteran
unemployment reaching nearly 12 percent in
April 2020;
Whereas many veterans have experienced
feelings of isolation and loneliness caused by
the public health restrictions needed to curb
the spread of COVID–19;
Whereas, since their inception, Veterans
Service Organizations (referred to in this
preamble as ‘‘VSOs’’) have always supported
and advocated on behalf of members of the
Armed Forces, veterans, and their families;
Whereas VSOs have adapted to the unique
challenges posed by the pandemic in order to
continue to support veterans and advocate
for the veteran community;
Whereas members of VSOs have fostered a
sense of connection and community amid the
pandemic by—
(1) calling, emailing, or writing to fellow
veterans;
(2) delivering food and groceries to fellow
veterans and their families; and
(3) hosting virtual and socially distanced
events;
Whereas members of VSOs have conducted
thousands of peer-wellness checks to combat
the ongoing mental health crisis that has
been exacerbated by the pandemic;
Whereas VSOs have continued to help vet-
erans access healthcare during the pandemic
by—
(1) assisting veterans with enrollment in
VA healthcare plans;
(2) enabling access to telehealth; and
(3) providing hundreds of thousands of
rides to medical appointments;
Whereas VSOs have helped veterans find
employment by—
(1) connecting veterans to employers;
(2) hosting virtual job fairs; and
(3) providing online job search resources;
Whereas representatives of VSOs have
helped hundreds of thousands of veterans
navigate a VA benefits claims process that
has been changed by the pandemic;
Whereas VSOs are playing an essential role
in encouraging all veterans to get vac-
cinated;
Whereas members of VSOs are volun-
teering at vaccination sites across the
United States to help their fellow veterans
and all other individuals in the United
States receive the COVID–19 vaccine; and
Whereas VSOs will continue to play an in-
strumental role representing and supporting
the veteran community as the United States
moves forward on the path towards recov-
ering from the pandemic: Now, therefore, be
it
Resolved, That the Senate—
(1) honors and recognizes the patriotism
and service to the United States provided by
Veterans Service Organizations (referred to
in this resolution as ‘‘VSOs’’) during the
COVID–19 pandemic;
(2) commends efforts by VSOs to improvise
and adapt to the challenges posed by COVID–
19 to continue to support veterans in need,
especially those left most vulnerable by the
COVID–19 pandemic; and
(3) supports efforts by VSOs to enable vet-
erans, their families, and their caregivers to
receive the COVID–19 vaccine.
f
SENATE RESOLUTION 144—RECOG-
NIZING THE WEEK OF MARCH 21
THROUGH
MARCH
27,
2021,
AS
‘‘NATIONAL POISON PREVENTION
WEEK’’ AND ENCOURAGING COM-
MUNITIES ACROSS THE UNITED
STATES TO RAISE AWARENESS
OF THE DANGERS OF POISONING
AND PROMOTE POISON PREVEN-
TION
Mr. BROWN (for himself and Mr.
SCOTT
of South Carolina) submitted
the following resolution; which was
considered and agreed to:
S. RES. 144
Whereas the designation of National Poi-
son Prevention Week was first authorized by
Congress and President Kennedy in 1961 in
Public Law 87–319 (75 Stat. 681);
Whereas National Poison Prevention Week
occurs during the third full week of March
each year;
Whereas, as of February 10, 2021, poison
centers have handled more than 838,000 cases
related to the COVID–19 pandemic alone and
have seen dramatic increases in cases relat-
ing to hand sanitizer and household cleaning
products;
Whereas poison control centers responded
to COVID–19 related surges by conducting
poison safety and poisoning prevention out-
reach in a virtual format during the COVID–
19 pandemic;
Whereas the American Association of Poi-
son Control Centers (referred to in this pre-
amble as the ‘‘AAPCC’’) works with the 55
poison control centers in the United States
to track—
(1) more than 1,000 commonly used house-
hold and workplace products that can cause
poisoning; and
(2) poisonings and the sources of those
poisonings;
Whereas the National Poison Data System
(NPDS) database contains over 447,000 prod-
ucts, ranging from viral and bacterial agents
to commercial chemical and drug products;
Whereas, in 2019, 2,148,141 people called the
poison help line to reach a poison control
center;
Whereas, in 2019, as reported to the
AAPCC, 92 percent of poison exposures re-
ported to local poison control centers oc-
curred in the home;
Whereas local poison control centers save
the people of the United States $1,800,000,000
in medical costs annually;
Whereas the AAPCC and poison control
centers partner with the Centers for Disease
Control and Prevention, the Food and Drug
Administration, and State, local, Tribal, and
territorial health departments to monitor
occurrences of environmental, biological,
and emerging threats in communities across
the United States, including food poisoning,
botulism, and vaping-associated lung injury;
Whereas, in the United States, more than
300 children 19 years of age and younger are
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CONGRESSIONAL RECORD — SENATE
S1837
March 25, 2021
treated in emergency departments for poi-
soning every day, and more than 130 children
19 years of age and younger die as a result of
being poisoned each year;
Whereas, in 2019, children younger than 6
years of age constituted 43 percent of all poi-
son exposures;
Whereas, from 2000 to 2018, data from poi-
son control centers revealed a significant in-
crease of an average of 3.4 percent per year
in the number of intentional suicide patients
who were adolescents 10 to 24 years of age,
and that increase disproportionately oc-
curred among females;
Whereas, in 2021, poison control centers are
seeing an increase in suspected suicides in
individuals ranging from 11 to 14 years of
age;
Whereas, in 2019, more than 114,000 children
19 years of age and younger were treated in
an emergency room due to unintended pedi-
atric poisoning, and more than 90 percent of
those incidents occurred in the home, most
often with blood pressure medications, acet-
aminophen, laundry packets, bleach, or seda-
tives or anti-anxiety medication;
Whereas there was a 444 percent increase in
pediatric magnet ingestion cases reported to
United States poison control centers from
2018 to 2019 based on an analysis of the Na-
tional Poison Data System (NPDS), dem-
onstrating the significant risk of injury from
high-powered magnet ingestions;
Whereas 70,237 cases of death due to drug
overdose were reported in the United States
in 2017, and the majority of those cases, ap-
proximately 68 percent, involved an opioid;
Whereas, in 2019, the most common medi-
cations that adults called the poison help
line about were prescription and non-pre-
scription pain relievers, household cleaning
substances, cosmetics and personal care
products, and antidepressants;
Whereas pain medications lead the list of
the most common substances implicated in
adult poison exposures, and are the single
most frequent cause of pediatric fatalities
reported to the AAPCC;
Whereas poison control centers issue guid-
ance and provide support to individuals, in-
cluding individuals who experience medica-
tion and dosing errors;
Whereas more than 60 percent of calls to
the poison help line are from individuals 20
years of age or older, with more than half of
those calls involving patients older than 50
years of age, and a common reason for those
calls is therapeutic errors, including ques-
tions regarding drug interactions, incorrect
dosing route, timing of doses, and double
doses;
Whereas normal, curious children younger
than 6 years of age are in stages of growth
and development in which they are con-
stantly exploring and investigating the
world around them, and are often unable to
read or recognize warning labels;
Whereas the AAPCC engages in community
outreach by educating the public on poison
safety and poisoning prevention, and pro-
vides educational resources, materials, and
guidelines to educate the public on poisoning
prevention;
Whereas individuals can reach a poison
control center from anywhere in the United
States by calling the poison help line at 1-
800-222-1222;
Whereas, despite regulations of the Con-
sumer Product Safety Commission requiring
that a child-resistant package be designed or
constructed to be significantly difficult for
children under 5 years of age to open, or ob-
tain a harmful amount of the contents, with-
in a reasonable time, children can still open
child-resistant packages; and
Whereas, each year during National Poison
Prevention Week, the Federal Government
assesses the progress made by the Federal
Government in saving lives and reaffirms the
national commitment of the Federal Govern-
ment to preventing injuries and deaths from
poisoning: Now, therefore, be it
Resolved, That the Senate—
(1) recognizes the week of March 21
through March 27, 2021, as ‘‘National Poison
Prevention Week’’;
(2) expresses gratitude for the people who
operate or support poison control centers in
their local communities;
(3) expresses gratitude for frontline work-
ers supporting poison prevention during the
COVID–19 pandemic;
(4) supports efforts and resources to pro-
vide poison prevention guidance or emer-
gency assistance in response to poisonings;
and
(5) encourages—
(A) the people of the United States to edu-
cate their communities and families about
poison safety and poisoning prevention; and
(B) health care providers to practice and
promote poison safety and poisoning preven-
tion.
f
SENATE RESOLUTION 145—DESIG-
NATING THE FIRST WEEK OF
APRIL 2021 AS ‘‘NATIONAL AS-
BESTOS AWARENESS WEEK’’
Mr.
TESTER
(for
himself,
Mr.
MERKLEY,
Mr.
WHITEHOUSE,
Mr.
DAINES, Mr. CARPER, and Mr. DURBIN)
submitted the following resolution;
which was considered and agreed to:
S. RES. 145
Whereas dangerous asbestos fibers are in-
visible and cannot be smelled or tasted;
Whereas the inhalation of airborne asbes-
tos fibers can cause significant damage;
Whereas asbestos fibers can cause cancer
(such as mesothelioma), asbestosis, and
other health problems;
Whereas symptoms of asbestos-related dis-
eases can take between 10 and 50 years to
present themselves;
Whereas the projected life expectancy for
an individual diagnosed with mesothelioma
is between 6 and 24 months;
Whereas little is known about late-stage
treatment of asbestos-related diseases, and
there is no cure for those diseases;
Whereas early detection of asbestos-re-
lated diseases may give some patients in-
creased treatment options and may improve
the prognoses of those patients;
Whereas, although the consumption of as-
bestos within the United States has been
substantially reduced, the United States
continues to consume tons of the fibrous
mineral each year for use in certain prod-
ucts;
Whereas thousands of people in the United
States have died from asbestos-related dis-
eases and thousands more die every year
from those diseases;
Whereas, although individuals continue to
be exposed to asbestos, safety measures re-
lating to the prevention of asbestos exposure
have significantly reduced the incidence of
asbestos-related diseases and can further re-
duce the incidence of those diseases;
Whereas thousands of workers in the
United States face significant asbestos expo-
sure, which has been a cause of occupational
cancer;
Whereas a significant percentage of vic-
tims of asbestos-related diseases were ex-
posed to asbestos on naval ships and in ship-
yards;
Whereas asbestos was used in the construc-
tion of a significant number of office build-
ings and public facilities built before 1975;
Whereas people in the small community of
Libby, Montana, suffer from asbestos-related
diseases, including mesothelioma, at a sig-
nificantly higher rate than individuals in the
United States as a whole; and
Whereas the designation of a ‘‘National As-
bestos Awareness Week’’ will raise public
awareness about the prevalence of asbestos-
related diseases and the dangers of asbestos
exposure: Now, therefore, be it
Resolved, That the Senate—
(1) designates the first week of April 2021
as ‘‘National Asbestos Awareness Week’’;
(2) urges the Surgeon General of the United
States to warn and educate people about the
public health issue of asbestos exposure,
which may be hazardous to their health; and
(3) respectfully requests that the Secretary
of the Senate transmit a copy of this resolu-
tion to the Office of the Surgeon General.
f
SENATE RESOLUTION 146—DESIG-
NATING APRIL 2021 AS ‘‘SECOND
CHANCE MONTH’’
Mr. PORTMAN (for himself and Ms.
KLOBUCHAR) submitted the following
resolution; which was referred to the
Committee on the Judiciary:
S. RES. 146
Whereas every individual is endowed with
human dignity and value;
Whereas redemption and second chances
are values of the United States;
Whereas millions of citizens of the United
States have a criminal record;
Whereas hundreds of thousands of individ-
uals return to their communities from Fed-
eral and State prisons every year;
Whereas individuals returning from Fed-
eral and State prisons have paid their debt
for committing crimes but still face signifi-
cant legal and societal barriers (referred to
in
this
preamble
as
‘‘collateral
con-
sequences’’);
Whereas collateral consequences for an in-
dividual returning from a Federal or State
prison are often mandatory and take effect
automatically, regardless of—
(1) whether there is a nexus between the
crime and public safety;
(2) the seriousness of the crime;
(3) the time that has passed since the indi-
vidual committed the crime; or
(4) the efforts of the individual to make
amends or earn back the trust of the public;
Whereas, for individuals returning to their
communities from Federal and State pris-
ons, gaining meaningful employment is one
of the most significant predictors of success-
ful reentry and has been shown to reduce fu-
ture criminal activity;
Whereas many individuals who have been
incarcerated struggle to find employment
because of collateral consequences, which
are often not directly related to the offenses
the individuals committed or any proven
public safety benefit;
Whereas many States have laws that pro-
hibit an individual with a criminal record
from working in certain industries or obtain-
ing professional licenses;
Whereas, in addition to employment, edu-
cation has also been shown to be a signifi-
cant predictor of successful reentry for indi-
viduals returning from Federal and State
prisons;
Whereas an individual with a criminal
record often has a lower level of educational
attainment than the general population and
has significant difficulty acquiring admis-
sion to, and funding for, educational pro-
grams;
Whereas an individual who has been con-
victed of certain crimes is often barred from
receiving the financial aid necessary to ac-
quire additional skills and knowledge;
Whereas an individual with a criminal
record—
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CONGRESSIONAL RECORD — SENATE
S1838
March 25, 2021
(1) faces collateral consequences in secur-
ing a place to live; and
(2) is often barred from seeking access to
public housing;
Whereas collateral consequences prevent
millions of individuals in the United States
from contributing fully to their families and
communities;
Whereas collateral consequences can con-
tribute to recidivism, which increases crime
and victimization and decreases public safe-
ty;
Whereas collateral consequences have par-
ticularly impacted underserved communities
of color and community rates of employ-
ment, housing stability, and recidivism;
Whereas the inability to find gainful em-
ployment and other collateral consequences
of conviction inhibit the economic mobility
of an individual with a criminal record,
which can negatively impact the well-being
of the children and families of the individual
for generations;
Whereas the COVID–19 pandemic and eco-
nomic and public health consequences of the
COVD–19 pandemic have made the pursuit of
gainful employment and access to commu-
nity supports more daunting for individuals
with a criminal record;
Whereas the bipartisan First Step Act of
2018 (Public Law 115–391; 132 Stat. 5194) was
signed into law on December 21, 2018, to in-
crease opportunities for individuals incarcer-
ated in Federal prisons to participate in
meaningful recidivism reduction programs
and prepare for their second chances;
Whereas the programs authorized by the
Second Chance Act of 2007 (Public Law 110–
199; 122 Stat. 657)—
(1) have provided reentry services to more
than 164,000 individuals in 49 States and the
District of Columbia since the date of enact-
ment of the Act; and
(2) were reauthorized by the First Step Act
of 2018 (Public Law 115–391; 132 Stat. 5194);
Whereas the anniversary of the death of
Charles Colson, who used his second chance
following his incarceration for a Watergate-
related crime to found Prison Fellowship,
the largest program in the United States
that provides outreach to prisoners, former
prisoners, and their families, falls on April
21; and
Whereas the designation of April as ‘‘Sec-
ond Chance Month’’ may contribute to—
(1) increased public awareness about—
(A)
the
impact
of
collateral
con-
sequences; and
(B) the need for closure for individuals
with a criminal record who have paid their
debt; and
(2) opportunities for individuals, employ-
ers, congregations, and communities to ex-
tend second chances to those individuals:
Now, therefore, be it
Resolved, That the Senate—
(1) designates April 2021 as ‘‘Second Chance
Month’’;
(2) honors the work of communities, gov-
ernmental institutions, nonprofit organiza-
tions, congregations, employers, and individ-
uals to remove unnecessary legal and soci-
etal barriers that prevent individuals with
criminal records from becoming productive
members of society; and
(3) calls upon the people of the United
States to observe ‘‘Second Chance Month’’
through actions and programs that—
(A) promote awareness of those unneces-
sary legal and social barriers; and
(B) provide closure for individuals with a
criminal record who have paid their debt.
SENATE RESOLUTION 147—RECOG-
NIZING THE NATIONAL DEBT AS
A THREAT TO NATIONAL SECU-
RITY
Mr. BRAUN (for himself, Mrs. BLACK-
BURN, Mr. SCOTT of Florida, and Ms.
ERNST) submitted the following resolu-
tion; which was referred to the Com-
mittee on Finance:
S. RES. 147
Whereas, in September 2020, the total pub-
lic
debt
outstanding
was
more
than
$26,000,000,000,000, resulting in a total inter-
est expense of more than $371,000,000,000 for
fiscal year 2020;
Whereas, in September 2019, the total pub-
lic debt as a percentage of gross domestic
product was about 100 percent;
Whereas leaders of the Congressional Budg-
et Office and the Government Accountability
Office have testified that—
(1) the growth of the public debt is
unsustainable; and
(2) Congress must undertake extensive fis-
cal consolidation to combat that growth;
Whereas the last Federal budget surplus
occurred in 2001;
Whereas, in fiscal year 2020, Federal tax re-
ceipts totaled $3,420,000,000,000, but Federal
outlays totaled $6,652,000,000,000, leaving the
Federal Government with a 1-year deficit of
$3,132,000,000,000;
Whereas, since the last Federal budget sur-
plus occurred in 2001, Congress—
(1) has failed to maintain a fiscally respon-
sible budget; and
(2) has had to raise the debt ceiling repeat-
edly;
Whereas the Medicare Board of Trustees
projects that the Medicare Hospital Insur-
ance Trust Fund will be depleted in 2026;
Whereas the Social Security and Medicare
Boards of Trustees project that the Dis-
ability Insurance and the Federal Old-Age
and Survivors Insurance Trust Funds will be
depleted in 2026 and 2031, respectively;
Whereas heavy indebtedness increases the
exposure of the Federal Government to in-
terest rate risks;
Whereas the credit rating of the United
States was reduced by Standard and Poor’s
from AAA to AA+ on August 5, 2011, and has
remained at that level ever since;
Whereas, without a targeted effort to bal-
ance the Federal budget, the credit rating of
the United States will continue to fall;
Whereas improvements in the business cli-
mate in populous countries, and aging popu-
lations around the world, will likely con-
tribute to higher global interest rates;
Whereas more than $7,000,000,000,000 of Fed-
eral debt is owned by individuals not located
in the United States, including more than
$1,000,000,000,000 of which is owned by individ-
uals in China;
Whereas China and the European Union are
developing alternative payment systems to
weaken the dominant position of the United
States dollar as a reserve currency;
Whereas rapidly increasing interest rates
will squeeze all policy priorities of the
United States, including defense policy and
foreign policy priorities;
Whereas the National Security Strategy of
the United States, as of the date of adoption
of this resolution, highlights the need to re-
duce the national debt through fiscal respon-
sibility;
Whereas, on April 12, 2018, former Sec-
retary of Defense James Mattis warned that
‘‘any Nation that can’t keep its fiscal house
in order eventually cannot maintain its mili-
tary power’’;
Whereas, on March 6, 2018, Director of Na-
tional Intelligence Dan Coats warned: ‘‘Our
continued plunge into debt is unsustainable
and represents a dire future threat to our
economy and to our national security’’;
Whereas, on November 15, 2017, former Sec-
retaries of Defense Leon Panetta, Ash Car-
ter, and Chuck Hagel warned: ‘‘Increase in
the debt will, in the absence of a comprehen-
sive budget that addresses both entitlements
and revenues, force even deeper reductions in
our national security capabilities’’; and
Whereas, on September 22, 2011, former
Chairman of the Joint Chiefs of Staff Mi-
chael Mullen warned: ‘‘I believe the single,
biggest threat to our national security is
debt’’: Now, therefore, be it
Resolved, That the Senate—
(1) recognizes that the national debt is a
threat to the national security of the United
States;
(2) realizes that persistent, structural defi-
cits are unsustainable, irresponsible, and
dangerous; and
(3) commits to addressing the looming fis-
cal crisis faced by the United States.
f
AMENDMENTS SUBMITTED AND
PROPOSED
SA 1409. Mr. SCOTT, of South Carolina (for
himself and Ms. ERNST) submitted an amend-
ment intended to be proposed by him to the
bill H.R. 1799, to amend the Small Business
Act and the CARES Act to extend the cov-
ered period for the paycheck protection pro-
gram, and for other purposes; which was or-
dered to lie on the table.
SA 1410. Mrs. SHAHEEN (for herself and
Ms. COLLINS) proposed an amendment to the
bill H.R. 1868, to prevent across-the-board di-
rect spending cuts, and for other purposes.
SA 1411. Mr. SCOTT, of Florida proposed
an amendment to amendment SA 1410 pro-
posed by Mrs. SHAHEEN (for herself and Ms.
COLLINS) to the bill H.R. 1868, supra.
f
TEXT OF AMENDMENTS
SA 1409. Mr. SCOTT of South Caro-
lina (for himself and Ms. ERNST) sub-
mitted an amendment intended to be
proposed by him to the bill H.R. 1799,
to amend the Small Business Act and
the CARES Act to extend the covered
period for the paycheck protection pro-
gram, and for other purposes; which
was ordered to lie on the table; as fol-
lows:
At the appropriate place, insert the fol-
lowing:
SEC. ll. PROHIBITION ON PAYCHECK PROTEC-
TION PROGRAM LOANS AND SECOND
DRAW LOANS FOR APPLICANTS CON-
VICTED
OF,
OR
WHO
PLEADED
GUILTY TO, ASSAULTING A LAW EN-
FORCEMENT OFFICER.
(a) IN GENERAL.—Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) is amended—
(1) in paragraph (36), by adding at the end
the following:
‘‘(W) PROHIBITION.—An applicant is not eli-
gible to receive a covered loan if an owner of
the applicant has, as of the date of the appli-
cation, been convicted of or pleaded guilty to
assaulting a law enforcement officer.’’; and
(2) in paragraph (37), by adding at the end
the following:
‘‘(P) PROHIBITION.—An applicant is not eli-
gible to receive a covered loan if an owner of
the applicant has, as of the date of the appli-
cation, been convicted of or pleaded guilty to
assaulting a law enforcement officer.’’.
(b) APPLICABILITY.—The amendments made
by subsection (a) shall apply with respect to
an application for a loan under paragraph
(36) or (37) of section 7(a) of the Small Busi-
ness Act (15 U.S.C. 636(a)(36)) that is sub-
mitted on or after the date of enactment of
this Act.
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CONGRESSIONAL RECORD — SENATE
S1839
March 25, 2021
SA 1410. Mrs. SHAHEEN (for herself
and Ms. COLLINS) proposed an amend-
ment to the bill H.R. 1868, to prevent
across-the-board direct spending cuts,
and for other purposes; as follows:
Strike all after the enacting clause and in-
sert the following:
SECTION 1. EXTENSION OF TEMPORARY SUSPEN-
SION
OF
MEDICARE
SEQUESTRA-
TION.
(a) EXTENSION.—
(1) IN GENERAL.—Section 3709(a) of division
A of the CARES Act (2 U.S.C. 901a note) is
amended by striking ‘‘March 31, 2021’’ and in-
serting ‘‘December 31, 2021’’.
(2)
EFFECTIVE
DATE.—The
amendment
made by paragraph (1) shall take effect as if
enacted as part of the CARES Act (Public
Law 116–136).
(b) OFFSET.—Section 251A(6)(C) of the Bal-
anced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901a(6)(C)) is amended—
(1) in clause (i)—
(A) by striking ‘‘first 6 months’’ and insert-
ing ‘‘first 5 1⁄2 months’’;
(B) by striking ‘‘4.0 percent’’ and inserting
‘‘2.0 percent’’; and
(C) by striking ‘‘and’’ at the end;
(2) in clause (ii)—
(A) by striking ‘‘second 6 months’’ and in-
serting ‘‘6-month period beginning on the
day after the last day of the period described
in clause (i)’’; and
(B) by striking ‘‘0.0 percent.’’ and inserting
‘‘4.0 percent; and’’; and
(3) by adding at the end the following:
‘‘(iii) with respect to the remaining 1⁄2
month in which such order is so effective for
such fiscal year, the payment reduction shall
be 0.0 percent.’’.
SEC. 2. TECHNICAL CORRECTIONS.
(a) RURAL HEALTH CLINIC PAYMENTS.—
(1) IN
GENERAL.—Section 1833(f)(3) of the
Social Security Act (42 U.S.C. 1395l(f)(3)) is
amended—
(A) in subparagraph (A)—
(i) in clause (i), by striking subclauses (I)
and (II) and inserting the following:
‘‘(I) with respect to a rural health clinic
that had a per visit payment amount estab-
lished for services furnished in 2020—
‘‘(aa) the per visit payment amount appli-
cable to such rural health clinic for rural
health clinic services furnished in 2020, in-
creased by the percentage increase in the
MEI applicable to primary care services fur-
nished as of the first day of 2021; or
‘‘(bb) the limit described in paragraph
(2)(A); and
‘‘(II) with respect to a rural health clinic
that did not have a per visit payment
amount established for services furnished in
2020—
‘‘(aa) the per visit payment amount appli-
cable to such rural health clinic for rural
health clinic services furnished in 2021; or
‘‘(bb) the limit described in paragraph
(2)(A); and’’; and
(ii) in clause (ii)(I), by striking ‘‘under
clause (i)(I)’’ and inserting ‘‘under subclause
(I) or (II) of clause (i), as applicable,’’; and
(B) by striking subparagraph (B) and in-
serting the following:
‘‘(B) A rural health clinic described in this
subparagraph is a rural health clinic that—
‘‘(i) as of December 31, 2020, was in a hos-
pital with less than 50 beds and after such
date such hospital continues to have less
than 50 beds (not taking into account any in-
crease in the number of beds pursuant to a
waiver under subsection (b)(1)(A) of section
1135 during the emergency period described
in subsection (g)(1)(B) of such section); and
‘‘(ii)(I) as of December 31, 2020, was en-
rolled under section 1866(j) (including tem-
porary enrollment during such emergency
period for such emergency period); or
‘‘(II) submitted an application for enroll-
ment under section 1866(j) (or a request for
such a temporary enrollment for such emer-
gency period) that was received not later
than December 31, 2020.’’.
(2)
EFFECTIVE
DATE.—The
amendments
made by this subsection shall take effect as
if included in the enactment of the Consoli-
dated Appropriations Act, 2021 (Public Law
116–260).
(b) ADDITIONAL AMOUNT FOR CERTAIN HOS-
PITALS
WITH
HIGH
DISPROPORTIONATE
SHARE.—Effective as if included in the enact-
ment of section 203(a) of title II of division
CC of Public Law 116–260, subsection (g) of
section 1923 of the Social Security Act (42
U.S.C. 1396r–4), as amended by such section,
is amended by adding at the end the fol-
lowing:
‘‘(3) CONTINUED
APPLICATION
OF
GRAND-
FATHERED
TRANSITION
RULE.—Notwith-
standing paragraph (2) of this subsection (as
in effect on October 1, 2021), paragraph (2) of
this subsection (as in effect on September 30,
2021, and as applied under section 4721(e) of
the Balanced Budget Act of 1997, and amend-
ed by section 607 of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act
of 1999 (Public Law 106–113)) shall apply in
determining whether a payment adjustment
for a hospital in a State referenced in section
4721(e) of the Balanced Budget Act of 1997
during a State fiscal year shall be considered
consistent with subsection (c).’’.
SA 1411. Mr. SCOTT of Florida pro-
posed an amendment to the bill H.R.
1868, to prevent across-the-board direct
spending cuts, and for other purposes;
as follows:
Strike section 2(b).
f
AUTHORITY FOR COMMITTEES TO
MEET
Mr. BOOKER. Mr. President, I have 9
requests for committees to meet during
today’s session of the Senate. They
have the approval of the Majority and
Minority Leaders.
Pursuant to rule XXVI, paragraph
5(a), of the Standing Rules of the Sen-
ate, the following committees are au-
thorized to meet during today’s session
of the Senate:
COMMITTEE ON AGRICULTURE, NUTRITION, AND
FORESTRY
The Committee on Agriculture, Nu-
trition, and Forestry is authorized to
meet during the session of the Senate
on March 25, 2021 at 9:30 a.m., in 106
Dirksen Senate Office Building, Wash-
ington, DC, in order to conduct a hear-
ing entitled ‘‘Child Nutrition Reau-
thorization:
Healthy
Meals
and
Healthy Futures.’’
COMMITTEE ON ARMED SERVICES
The Committee on Armed Services is
authorized to meet during the session
of the Senate on Thursday, March 25,
2021, at 9:30 a.m., in open session to re-
ceive testimony on U.S. Special Oper-
ations Command and U.S. Cyber Com-
mand in review of the Defense Author-
ization Request for fiscal year 2022 and
the Future Years Defense Program.
COMMITTEE ON ARMED SERVICES
The Committee on Armed Services is
authorized to meet during the session
of the Senate on Thursday, March 25,
2021, at 12 p.m., in closed session to re-
ceive a briefing on U.S. Special Oper-
ations Command and U.S. Cyber Com-
mand in review of the Defense Author-
ization Request for fiscal year 2022 and
the Future Years Defense Program.
COMMITTEE ON BANKING, HOUSING, AND URBAN
AFFAIRS
The Committee on Banking, Housing,
and Urban Affairs is authorized to
meet during the session of the Senate
on Thursday, March 25, 2021, at 10 a.m.
to meet in open session to conduct a
hearing entitled, ‘‘American Rescue
Plan: Shots in Arms and Money in
Pockets.’’
COMMITTEE ON ENERGY AND NATURAL
RESOURCES
The Committee on Energy and Nat-
ural Resources is authorized to meet
during the session of the Senate in
order to hold a hearing on Thursday,
March 25, 2021, at 9:45 a.m. in Room
SD–366 of the Dirksen Senate Office
Building in Washington, DC.
COMMITTEE ON FINANCE
The Committee on Finance is author-
ized to meet during the session of the
Senate on Thursday, March 25, 2021, at
9:30 a.m., virtually using Webex, to
conduct a hearing entitled ‘‘How U.S.
International
Tax
Policy
Impacts
American Workers, Jobs, and Invest-
ment.’’
COMMITTEE ON FOREIGN RELATIONS
The Committee on Foreign Relations
is authorized to meet during the ses-
sion of the Senate on Thursday, March
25, 2021 at 10 a.m. to hold a sub-
committee hearing on ‘‘U.S. Response
to the Coup in Burma.’’
COMMITTEE ON HEALTH, EDUCATION, LABOR,
AND PENSIONS
The Committee on Health, Edu-
cation, Labor, and Pensions is author-
ized to meet, during the session of the
Senate, in order to conduct a hearing
entitled ‘‘Examining Our COVID–19 Re-
sponse: Improving Health Equity and
Outcomes by Addressing Health Dis-
parities’’ on Thursday, March 25, at 10
a.m., in room 430 of the Dirksen Senate
Office Building.
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
The Committee on Homeland Secu-
rity and Governmental Affairs is au-
thorized to meet during the session of
the Senate on Thursday, March 25, at
10:15 a.m. in order to conduct a hearing
on
the
nomination
of
Deanne
B.
Criswell to be Administrator, Federal
Emergency Management Agency, U.S.
Department of Homeland Security.
f
EXECUTIVE SESSION
EXECUTIVE CALENDAR
Mr. SCHUMER. Madam President, I
ask that the Chair initiate the agreed-
upon procedures with respect to the
Adeyemo nomination.
The PRESIDING OFFICER. Under
the previous order, the Senate will pro-
ceed to executive session to consider
the following nomination, which the
clerk will report.
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CONGRESSIONAL RECORD — SENATE
S1840
March 25, 2021
The legislative clerk read the nomi-
nation of Adewale O. Adeyemo, of Cali-
fornia, to be Deputy Secretary of the
Treasury.
Thereupon, the Senate proceeded to
consider the nomination.
NOMINATION OF ADEWALE D. ADEYEMO
Mr. WYDEN. Mr. President, the Sen-
ate is debating the nomination of
Wally Adeyemo to serve as the next
Deputy Treasury Secretary. I expect
his nomination is going to pass with a
big, bipartisan margin, but I want to
take a few minutes to lay out a few
reasons why every Senator ought to
support this nominee.
First, you hear a lot these days about
how Members of the Senate are looking
for unity. Three weeks ago, the Fi-
nance
Committee
approved
the
Adeyemo nomination unanimously by
voice vote, and you can’t get more uni-
fied than that.
That unanimous vote followed an ex-
cellent hearing, in which Mr. Adeyemo
demonstrated his command of all the
various issues the Treasury is con-
fronting today. A severe jobs crisis.
Worsening
inequality.
A
dangerous
shortage of domestic manufacturing in
critical areas of our economy. Intense
economic competition with China, in-
cluding job rip-offs and trade cheating
that have undermined American work-
ers for too long. And many other big
challenges.
Members understand that there will
be policy disagreements with the other
party, but Mr. Adeyemo made it clear
that he wants to work on a bipartisan
basis to confront these challenges.
Members take him seriously on that
and trust him because he has done it
before at the Treasury as a member of
the Obama administration.
Second, the pandemic economic cri-
sis is far from over, and it is essential
that the Treasury Department has its
leadership team in place. COVID cases
and deaths are still tragically high.
Jobless claims are still incredibly
high—they spent an entire year above
the previous peaks. So millions of fam-
ilies in Oregon and around the country
are still walking an economic tight-
rope, and that is one of the key reasons
why Senate Democrats passed the
American Rescue Plan earlier this
month.
The Treasury is right at the center of
the enormous effort to implement that
legislation. It is extraordinarily chal-
lenging work. Getting relief payments
out to tens of millions of Americans in
a timely way. Saving millions of jobs
at the State and local level, particu-
larly teachers, firefighters and munic-
ipal workers. Launching a landmark
expansion and reinvention of the child
tax credit to cut child poverty in half.
This is difficult work. It requires the
kind of strong and committed leader-
ship that Wally Adeyemo will bring to
the Treasury Department.
I am also looking forward to working
with him on the issue of shell compa-
nies. Late last year Congress passed
landmark legislation to end the use of
anonymous shell companies in the
United States. Several members of the
Finance Committee had spent years
working to get that legislation passed.
Now that it has become law, it is up to
the Treasury Department to write
strong rules and implement it. This is
a vital challenge, and it is a long time
coming. So I am very much looking
forward to working with Mr. Adeyemo
once he is confirmed. He is as highly
qualified as they come. He is also a his-
tory-making nominee because he will
be the first African American Deputy
Treasury Secretary.
I support his nomination 100 percent.
He got 100 percent of the Finance Com-
mittee’s support a few weeks ago. I be-
lieve he will have strong bipartisan
support from the Senate, and I urge all
Members to vote to confirm this nomi-
nation.
Mr. SCOTT of Florida. Mr. President,
I rise in opposition to the nomination
of Wally Adeyemo for Deputy Sec-
retary of the Treasury,
The U.S. Treasury Department plays
a significant part in enforcing Amer-
ican foreign policy through economic
sanctions. We know that sanctions
work and that the strong application of
these measures against adversaries, in-
cluding Communist China, Iran, North
Korea, Cuba, Venezuela, and Nica-
ragua, are essential to holding the bru-
tal dictators and their enablers who
hold power in these nations account-
able.
Communist China is the biggest
threat our Nation faces. Communist
China
is
committing
a
genocide
against the Uyghurs, stripping Hong
Kongers of their basic rights, and con-
tinues to threaten to take Taiwan by
force.
I
am
concerned
that
Mr.
Adeyemo does not understand the risk
Communist China poses to our national
and economic security and to our al-
lies. Communist China is not a stra-
tegic competitor; they are an adver-
sary and must be treated as such. Any
U.S. official who thinks that Com-
munist China can play a positive role
in the world is mistaken.
I
am
also
concerned
that
Mr.
Adeyemo will not be strong when
standing up to Castro’s Communist re-
gime in Cuba. I cannot support anyone
who will back a return to the failed
Obama-Biden
appeasement
policies,
which did nothing to help the Cuban
people and allowed Havana to extend
its reach and expand its control, giving
power to other ruthless dictatorships
in Latin America.
Currently, our Nation is on track to
reach $30 trillion in debt. We have to
get serious about Federal spending and
the impacts it will have on our chil-
dren
and
grandchildren.
President
Biden’s massive spending policies are
already causing the cost of living in
America to rise. I cannot support can-
didates who think the solution to
America’s economic woes is more gov-
ernment, more taxes and more regula-
tion, not more individual opportunity.
That is wrong and will only send us
further into debt and our families fur-
ther into despair. We need to focus on
growing the economy and growing jobs
in order to preserve the American
dream.
For all these reasons, I oppose Mr.
Adeyemo’s nomination and urge my
colleagues to do the same.
The
PRESIDING
OFFICER.
The
question is, Will the Senate advise and
consent to the Adeyemo nomination?
The nomination was confirmed.
The PRESIDING OFFICER. The mo-
tion to reconsider is considered made
and laid upon the table, and the Presi-
dent will be immediately notified of
the Senate’s action.
f
MORNING BUSINESS—Continued
The PRESIDING OFFICER. The Sen-
ator from Mississippi.
f
ALEXEI NAVALNY
Mr. WICKER. Madam President, I
rise this afternoon to call attention to
a courageous Russian hero who is in
danger even as I speak. He is a man
who has consistently stood up to Vladi-
mir Putin and his cronies and has, on
numerous occasions, placed his own life
in jeopardy to bring the truth to light.
The lawless thugs in the Kremlin often
avoid saying his name in public, but
here on the Senate floor, I am proud to
stand
in
solidarity
with
Alexei
Navalny.
It was just last August that Alexei
Navalny, Russia’s foremost opposition
leader, was poisoned with a deadly
nerve agent. Millions of us remember
seeing the video of his being stricken
on an airplane and hearing his painful
cries, the crew members unsure how to
soothe his pain. Thanks to the quick
diplomatic work of our friends in Ger-
many, Mr. Navalny was evacuated to
Berlin, where he received expert med-
ical attention and, against all odds, re-
covered from this poisoning.
An ordinary man would have stayed
safe and very far away from the Krem-
lin, but Alexei Navalny is no ordinary
man. He is a Russian patriot who envi-
sions a different kind of Russia, one
where citizens have a say in govern-
ment,
where
freedom
blooms,
and
where the President does not siphon
away funds intended for hospitals in
order to build secret palaces or to en-
rich members of his kleptocracy.
So, 3 months ago, Mr. Navalny re-
turned to Russia, knowing full well the
dangers he would face. Immediately
upon his arrival, he was arrested at the
airport for a parole violation, which re-
sulted from his hospitalization, which
resulted from his poisoning. He now
sits in one of the most notorious penal
colonies in Russia, known for its psy-
chological torture. He has been deemed
a flight risk and is awakened eight
times a night under the guise of moni-
toring his whereabouts. His lawyers
were recently prevented from seeing
him. Reports are that he is suffering
from severe back pain and other health
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CONGRESSIONAL RECORD — SENATE
S1841
March 25, 2021
concerns and has received inadequate
medical care.
This is a familiar sounding story, but
one thing is clear: The Russian dicta-
torship is terrified of Alexei Navalny.
He is a threat to them because he has
exposed their unbridled corruption and
urged voters to demand that the gov-
ernment respect their rights. Because
of that, Alexei Navalny’s life is in dan-
ger at this very moment.
The tens of thousands of demonstra-
tors who turned out across Russia to
support this jailed opposition leader
send an unmistakable message to the
Kremlin: You cannot suppress the
voice of the people indefinitely.
Freedom-loving Americans and free-
dom-loving people around the world
are, today, crying out for justice for
Alexei Navalny. He endures the suf-
fering of many before him—in Russia,
people like Sergei Magnitsky and Boris
Nemtsov and, abroad, people like Nel-
son Mandela and Mahatma Gandhi—
whose legacies and movements did not
rot while they were in prison but, in-
stead, helped to bring down oppressive
governments.
At this point, I yield to the Senator
from Colorado for a brief intervention
before I close with a thought or two.
Mr. BENNET. Madam President, I
rise on behalf of Senator CARDIN, who
is a Democrat from the State of Mary-
land and an original cosponsor of this
bill with Senator WICKER, to say what
he would have said if he had been here
today, which is that Alexei Navalny is
a Russian patriot, that he is a prisoner
of conscience, and that we need to
stand up to Russia’s human rights vio-
lations.
Thank you.
Mr. WICKER. In reclaiming my time,
I appreciate the work of my friend Sen-
ator CARDIN.
Senator COONS from Delaware was
also here, but, unfortunately, he had to
leave.
They also wanted to make it clear
that, on a bipartisan basis, on both
sides of the aisle, the U.S. Senate
stands for freedom-loving people in
Russia and for their spokesman, Alexei
Navalny. We intend to shine the light
of public opinion on the actions of the
Russian kleptocracy and dictatorship
with regard to prisoners and patriots
like Alexei Navalny.
I yield the floor.
The PRESIDING OFFICER. The Sen-
ator from Ohio.
f
CONFIRMATION OF ADEWALE O.
ADEYEMO
Mr. BROWN. Madam President, be-
fore we hear from Senator BOOKER and
Senator BENNET and Senator WARNOCK
on one of the best things this Senate
has done in my career, that being the
extension of the child tax credit and
the earned income tax credit, I just
want to say a few words about someone
we just voted on at the Department of
the Treasury who is so, so important,
Adewale Adeyemo, who will be Janet
Yellen’s—one exemplary Treasury Sec-
retary—Chief of Staff. He is a terrific
public servant.
Senator CORTEZ MASTO, the Presiding
Officer, and I were talking a few min-
utes ago about the importance of the
Treasury
Department
in
so
many
things from the child tax credit, to the
pension bill, to so many things that we
do that matter—getting the $1,400
checks out and making sure our tax
system is fair.
Senator BENNET and I serve together
with Senator CORTEZ MASTO and others
on the Committee on Finance. What
that means and what we are trying to
do on that committee is to take away
the 50-percent-off coupon from corpora-
tions that shut down production in
Reno or in Boulder or in Cleveland or
in Newark and move overseas. They
get, essentially, a 50-percent-off coupon
on their taxes. We need to close those
loopholes. We need a Treasury Sec-
retary, and we need Adewale Adeyemo,
who will make a huge difference in our
work there.
So I thank Senator SCHUMER
and
those on both sides of the aisle for fi-
nally confirming him today and get-
ting him to work.
I yield to Senator BENNET, who, I
think, is going to start or, maybe, Sen-
ator BOOKER.
Less than 2 weeks ago, President
Biden signed the American Rescue
Plan into law. He ushered in some of
the
most
transformative
economic
policies to come out of Washington in
generations.
By expanding access to and eligi-
bility for the child tax credit and the
earned income tax credit, the Amer-
ican Rescue Plan is going to lift 10 mil-
lion kids above or closer to the poverty
line and put money in the pockets of 17
million American workers across the
country.
I want to start out by noting that
both the income—low-income and mid-
dle-income families and workers poten-
tially qualify for these credits, and
they will be issued periodically via
check and direct deposit. American
workers should know this was a pro-
found change that will benefit you.
American workers also have to know
that they won’t have to wait until next
year. You won’t have to start to see ad-
vanced payments of these credits 6, 7,
10 months down—you will see them as
early as July. And because of the
changes that we made, if you didn’t
previously qualify because you didn’t
have a high enough income, you could
be eligible now.
I am so proud to be here today along-
side Senator BROWN, Senator BENNET,
Senator WARNOCK, the Presiding Offi-
cer, who are in large part responsible
for this powerful lifeline to the Amer-
ican people and, critically, for our chil-
dren.
Senator
BENNET,
Senator
BROWN,
Senator WARNOCK, thank you. You are
champions who have been fighting in
and out of the Senate and understand
not just the economic urgency but the
moral urgency to address poverty. And
that is really what we are all here to
talk about—the urgency of the crisis of
poverty and specifically child poverty.
In America, this is unacceptable. In
the wealthiest Nation on the planet
Earth, the question of poverty is not
one of inevitability; it is one of policy
choice. It is not if we can do some-
thing; it is will we do something.
Tonight, I am going home to Newark,
driving very soon, where I have lived
over the past 20 years. I am proud to
call Newark home. I am proud to be a
part of a community of people who
take care of each other. I am proud to
be part of a community that is rich
with dignity, rich with activism and
intellect and engagement.
But we are also a community, like so
many others in America, that still
struggles. According to the last census,
the median income for the census track
that I live in was about $14,000 per
household, and that was before the
dual public health and economic crises
of the COVID pandemic.
And in my community, like many
others, urban and rural, across Amer-
ica, adults aren’t the only ones strug-
gling; our kids are too. In fact, the
poorest age group in America is our
children, with one in six American kids
living in poverty. It is nothing less
than a moral obscenity that the richest
Nation in the world should have the
highest rates of child poverty in the de-
veloped world.
For adults, poverty has a technical
definition. It is a federally defined
guideline—an amount of annual income
that you fall under that also takes into
account how many people are in your
household.
For kids, poverty is defined by what
they experience every single day, by
what happens to them. It is growing up
being more likely to deal with food in-
security, not knowing where your next
meal will come from or when it will
come. It is facing housing insecurity. A
quarter of kids living in poverty will
have gone through an eviction before
they turn 15 years old.
Kids in poverty have worse health
outcomes, worse educational outcomes,
and are more likely to become en-
trapped in our broken criminal justice
system. And kids who grow up in pov-
erty are more likely to be poor as
adults.
Study after study has shown how
children who live in poverty have high-
er levels of stress hormones. The stress
of poverty literally affects their brains.
It inhibits brain development. It is vio-
lence against the brain of a child.
One child poverty expert described
the stress hormones that are con-
stantly released in kids growing up in
poverty as similar to the feeling that
an adult would get after a car crash—
every single day. This is violence.
We know that when a child experi-
ences poverty, there are lifelong psy-
chological and physiological effects
they carry with them. Study after
study after study has borne this out.
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CONGRESSIONAL RECORD — SENATE
S1842
March 25, 2021
For kids, poverty is literally dangerous
for their development, dangerous for
their health, and they could have per-
manent and lasting damage to their
brains.
The cruelty of this crisis is that no
parent would ever choose that for their
child. Poor parents do not choose for
their kids to experience the daily trau-
ma of poverty. They do not choose to
condemn their kids to a life of worse
education outcomes, worse health out-
comes.
What we must understand is that
child poverty is not a choice that low-
income parents make. It is a failure of
our country to take collective respon-
sibility for the well-being of American
children. This is a moral sin. It is not
a sin to be poor but a sin to tolerate
such poverty in our communities.
Almost 2 weeks ago, Congress and
President Biden made the choice to do
something about this American sin,
this unacceptable reality, this moral
obscenity—the violence happening to
so many children. They did something
about it; we did something about it in
the American Rescue Plan. And now we
are calling on our—really, we are on
our way for a year to cut child poverty
in half; for Black children more than in
half, 52 percent; for Hispanic children,
by 45 percent; for Native American
children, by 62 percent.
That is millions of kids across the
country who will not face the violence
of poverty. In New Jersey, that is 89,000
kids and their families who are not just
going to be lifted out of poverty but
will be given the opportunities and the
freedoms that come with being able to
build a life and a future beyond with-
out the trauma that comes with pov-
erty.
That is why we are together here this
afternoon—because lifting kids out of
poverty is not just about ending a cri-
sis but about beginning a new Amer-
ican tradition of giving every child
what every child should have in Amer-
ica as a birthright. It is about creating
freedom and liberty from the oppres-
sion of poverty. We have the power to
do this. We have the tools to do it, and
we know it makes good economic sense
to get kids and adults out of poverty.
I love what James Baldwin wrote. He
said: ‘‘Anyone who has ever struggled
with poverty knows how . . . expensive
it is to be poor.’’ Well, that is also true
for our country. Whether we realize it
or not, child poverty is expensive for
all of us, costing our country $1.1 tril-
lion every year. But investing in end-
ing poverty benefits us all. Every dol-
lar spent on combating child poverty
saves this Nation $7 down the road; $1
invested saves us $7 later. Other coun-
tries, our peers, have made these kinds
of investments in children and families
and have reaped rewards that we are
denying ourselves.
Expanding the child tax credit and
the earned income tax credit and mak-
ing them permanent are proven, data-
driven, evidence-based, result-apparent
ways to respond to some of the most
morally and economically urgent chal-
lenges of the United States of America.
These are the kinds of investments in
our people that will change life trajec-
tories and have a ripple effect for gen-
erations yet to come.
If you give the child—a child firmer
ground on which to grow, they will
blossom and reap a harvest beyond our
imagination. But if you punish them in
the trauma, in the violence of poverty,
you decimate not just their destinies
but all of our destinies.
I am so grateful to have champions
that are here today alongside me in
this effort, and, together, I know this
is a crisis we are going to meet, and
this crisis we can overcome. I am proud
of the work we have done. Now we
should make those changes to the
earned income tax credit and the child
tax credit permanent.
I am proud to pass the microphone
and the moment on to a great cham-
pion of the child tax credit and the
earned income tax credit, one of the
original authors of the legislation that
was pulled from for our recovery plan,
and that is the Senator from Ohio,
SHERROD BROWN.
Mr. BROWN. Thank you, Senator.
The
PRESIDING
OFFICER
(Mr.
WARNOCK.) The Senator from Ohio.
Mr. BROWN. Mr. President, thanks
to Senator BOOKER. I will be very brief.
I want to hear from Senator BENNET,
and I know that the Presiding Officer
is going to switch chairs and be out
here speaking on this.
I am so appreciative of the Presiding
Officer, who won his election just in—
on January 5. He was declared the win-
ner—I don’t know. Georgia elections
are a little different from those of us
from other places, and as soon as he
was named the winner of that election,
he came here and has been in the Sen-
ate about 6 or 7 weeks now and is al-
ready a leader on this fight that Sen-
ator BOOKER talked about in the child
tax credit and the earned income tax
credit.
I have been here long enough to re-
member when the earned income tax
credit was—people just didn’t know
much about it, including our constitu-
ents.
I used to, when I was a Member of the
House, I would ask accountants—CPAs
and public accountants—to volunteer
their time a couple of Saturdays a
month for the 2 or 3 months before
April 15. They would volunteer their
time, and we encouraged people to sign
up for the earned income tax credit,
and people making $20,000 or $25,000 a
year with kids would often get $2,000 or
$3,000 in a tax refund, in real dollars
back, because they benefited from the
earned income tax credit.
So what Senator BENNET and I have
worked on for a number of years is to
continue to expand the earned income
tax credit and now a big expansion of
the child tax credit. Senator BENNET
has led on that issue, on that expan-
sion, and we worked together with Sen-
ator BOOKER and now Senator WARNOCK
to make a huge difference.
When I voted from this chair on Jan-
uary—I am sorry, on March 6, we had
been in session all night. We had voted
time after time after time. It was a
partisan vote.
I mean, partisanship is not what Sen-
ator MCCONNELL and my Republican
colleagues say it is. Something that is
partisan or nonpartisan is what the
voters think, and the voters over-
whelmingly support the earned income
tax credit, the child tax credit, and the
whole American Rescue Plan Act, and
it will make such a huge difference in
peoples’ lives.
But I remember after that vote—it
was 1 o’clock in the afternoon. I was
walking out of the building to drive
back to Ohio. I drive every week or a
young man drives with me every week
back home. And a reporter stopped me
and said: What do you think? I said:
This is the best day of my political life
because we—what we did, as CORY
BOOKER said, we are cutting the child
poverty rate in half.
In my State—and I don’t think Colo-
rado or Georgia is much different. In
my State, 92 percent of children in my
State—92 percent of children will ben-
efit from the child tax credit and their
families often also benefit from the
earned income tax credit. What is not
to love about that?
That is why, like, 40 Democratic Sen-
ators are signing a letter to the Presi-
dent of the United States, asking—we
have done this for a year, this expan-
sion to the child tax credit and the
earned income tax credit. We should do
it permanently, and that is what—that
is the mission that the four of us Sen-
ators sitting in this room have, is to
make sure this is permanent because
we know there will likely be good eco-
nomic growth next quarter, the quarter
after, in large part, because of what we
have done with this rescue act. There
will be strong economic growth, but I
want to make sure that growth is
shared by people at the bottom.
And it so often isn’t. We have seen
for 20 years—30 years we have seen ex-
ecutive compensation explode upward.
We have seen profits up. We have seen
worker productivity is up, but workers’
wages are flat. That is why, in the
Banking, Housing, and Urban Affairs
Committee, we are working so hard to
make sure that we provide more hous-
ing for people so that people have safe,
affordable, accessible housing in this
country because, too often, they don’t.
That committee is called the Senate
Banking Committee around here. It is
officially Banking, Housing, and Urban
Affairs, but for years it is all about
banking and Wall Street and very little
about housing and urban affairs. We
are changing that. We are changing
that, in part, because this body, under
Senator BENNET’s leadership and oth-
ers—this body is actually going to do
the right thing, as CORY BOOKER said,
and make sure that America’s children
have greater opportunities than they
have had in the past. That is why I am
thrilled to be a part of this effort.
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CONGRESSIONAL RECORD — SENATE
S1843
March 25, 2021
I yield to my friend from Colorado,
Senator BENNET.
The PRESIDING OFFICER. The Sen-
ator from Colorado is recognized.
Mr. BENNET. Mr. President, thank
you very much for being a part of this
effort, and I want to thank my col-
league from Ohio for his extraordinary
leadership from the very beginning on
both of these bills. He led on the EITC
bill, and I was very grateful to have the
chance to be with him on that, and I on
the child tax credit, and he was my
partner from the very beginning on
that, as was Senator BOOKER and Sen-
ator HARRIS, before she became Vice
President HARRIS.
I have only been here for 11 years,
Mr. President, and you have been here
a shorter time than that, and I never
thought this day would come. I never
thought we would see this day.
Before I came to the Senate, I was
the superintendent of the Denver Pub-
lic Schools. That is a large urban dis-
trict in Colorado. Most of the kids are
kids of color and most of the kids are
kids living in poverty, and parents are
working two and three jobs, many of
them. No matter what they do, they
can’t get their kids out of poverty. No
matter what they do, no matter how
hard they work, they are not paid
enough to get their kids out of poverty.
Over the last 11 years, I have had the
great privilege of traveling the State of
Colorado, and it is a diverse State. Po-
litically, it is a diverse State. We have
urban areas and rural areas, and we
have got some of the most dynamic
economies and business environments
in the country, and therefore on the
planet. And yet, if I had to summarize
those townhalls, it is really easy. It is
people who are coming and saying: MI-
CHAEL, we are working really hard, but
no matter what we do we can’t afford
housing, healthcare, higher education
or early childhood education. We can’t
save. We think our kids are going to
live a more diminished life than the
life that we would, and we are already
living less of a good life than our par-
ents did.
And that is the anecdotal reflection
of an economy that, for the last 50
years, has worked really well for the
top 10 percent of Americans but has
not worked for the bottom 90 percent.
The bottom 90 percent is all of Amer-
ica, and their wages have been flat. We
have seen income inequality grow
through two recessions, the great re-
cession and now the COVID recession,
and the gaps between more affluent
families and poorer families have only
grown as a result.
And everywhere I went this year—I
went to all 64 counties of Colorado dur-
ing COVID—I heard the same thing:
Give us a little bit of hope.
That is what the American Rescue
Plan is going to do. It is going to give
people just a little bit of hope, make it
a little bit easier for people to buy gro-
ceries for their families or to pay the
rent at the end of the month, pay their
mortgage, set up a savings fund for
their kids’ college education.
That might sound like an obvious
thing for us to want to do, but Wash-
ington, for years, has done exactly the
opposite of what we are doing in this
plan. Washington has passed one re-
gressive tax cut after another saying
they were cutting taxes for the middle
class. That was a complete smoke-
screen. Since 2000, they have cut—lis-
ten to this—$5 trillion of taxes. Almost
all of that has gone to the wealthiest
people in the country, when we have
got the worst income inequality that
we have had since 1928. It doesn’t make
any sense.
Can you imagine if the mayor of At-
lanta went to his citizens and said: We
are going to borrow a bunch of money
from the Chinese. We are going to bor-
row more money than we ever have be-
fore. And you say: Well, that kind of
worries me. What are you going to use
that money for? Are you building infra-
structure and roads and bridges? No.
Are you going to invest in our schools?
No. Our sewers? No. Mental health,
something we need desperately across
this country? No. Healthcare? No.
What are you doing with the money?
You are borrowing $5 trillion, what are
you doing with the money?
We are going to give it to the two
wealthiest neighborhoods in Atlanta
and hope that somehow it is going to
trickle down to everybody else. That is
how you write a bill, which is the
Trump tax bill, where 42 percent of the
benefit of that bill—it was a $2 trillion
bill—42 percent went to the top 5 per-
cent of Americans, to the people who
needed it least.
This is exactly the opposite of that.
Sixty percent of our bill—I am not
going to give you a lot of numbers, but
60 percent of our bill, the majority of
our bill, goes to people making $50,000
or less. And as my colleagues have
said, we are cutting childhood poverty
in half this year as a result of what we
are doing, and 90 percent of American
children are going to benefit from what
we are doing. That is about as broad-
based as you can get. It is progressive
in the sense that the greatest benefit is
going to the poorest kids because the
credit means the most to the people
making the least, but if you are mak-
ing up to $150,000 as a couple, you are
going to have a benefit for your kids.
You will get the full tax credit for your
kids.
So let me describe it a little bit, and
then I will talk about the earned in-
come tax credit, and then I am going to
take over for the Presiding Officer, and
I look forward to hearing what he has
to say.
Most families under this change to
the law are going to receive $250 a
month per child. That is $300 a month
for kids under the age of 6. It is fully
refundable. What does that mean? Well,
there was a view about this tax credit
before that said that you had to make
a certain amount of money before you
could be eligible for the tax credit be-
cause there was a theory that, you
know, if you got the tax credit, you
wouldn’t work.
That is not the problem. People are
killing themselves. They are not get-
ting paid. And so we say that you get
the tax credit from dollar zero, which
means, finally, millions of America’s
poorest children who have been com-
pletely
overlooked—not
just
over-
looked, ignored—are going to get the
tax credit. So millions and millions
and millions of children who were too
poor to benefit from what was going on
here while we were cutting taxes for
the richest people in America are now
going to benefit from this tax credit,
and it will make the biggest difference
for them.
We are the wealthiest country in
human history, and yet we have one of
the largest, if not the largest, child-
hood poverty rates in America. As my
colleague from New Jersey, Senator
BOOKER,
said—I
lost
my
train
of
thought—wait until I get it back. I am
so excited about what we are doing, I
can’t believe it.
As Senator BOOKER said, the largest
group of poor people in America are
children. In other words, children have
the highest percentage poverty rates in
our country. How can that be? How can
we accept that as a permanent state of
things? Well, we are not. Because of
Joe Biden’s bill, we are cutting it in
half. And we are saying, in the richest
country in the world, it is unacceptable
for us to have one of the highest pov-
erty rates. Other countries have cut
their poverty rates by half, why can’t
we? Well, today we are.
We also have some of the worst eco-
nomic mobility rates in the industri-
alized world as well, meaning it is hard
to move up on the economic ladder. We
used to say we are the land of oppor-
tunity. Unfortunately, there are a lot
of other countries where people are
able to get ahead by working hard. We
want that to be our country again, and
we want to give poor children a chance
here. There is not a single child who
chooses to be born poor.
The Senator from New Jersey quoted
James Baldwin. He is one of my favor-
ite authors, too, about how expensive
it is to be poor.
The other thing that we have done in
America is we have made it incredibly
hard to be poor, incredibly hard to be
poor. And that is one of the interesting
things about this bill. In countries that
have child benefits like this child ben-
efit, they actually have a higher per-
centage of people in the workforce than
we do. And why is that? It makes total
sense. It makes total sense because if
you have got a little bit of breathing
room at the end of every month, you
can fix a car that breaks down, and you
can stay on your job. If you can afford
to pay for a little bit of childcare for a
few hours in the afternoon, maybe that
lets you stay on the job.
For working moms in particular, I
think it is going to really create the
opportunity for them to earn income
over the long haul because it will be
easier for them to stay in their jobs
than not.
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CONGRESSIONAL RECORD — SENATE
S1844
March 25, 2021
As I mentioned, nationwide over 90
percent of children are going to ben-
efit. So, over many nights, late nights
often, on this floor, I have come here
with one complaint or another about
how we have turned our back on Amer-
ica’s children. I have come here and I
have said over and over again that we
are treating America’s children like
they are someone else’s children, not
like they are America’s children. And
you know what? In this bill, we treated
America’s children like they are Amer-
ica’s children, like they really matter
to us, like we believe in their future
and the future of our country; that
they are filled with promise. No matter
how poor they are, no matter what ZIP
Code they live in, rural or urban, they
matter to us. They are visible to us,
and we are going to make them a pri-
ority.
This is the biggest reduction in child-
hood poverty in the history of our
country, and we need to make it per-
manent. Today, 40 of us sent a letter to
President Biden saying that we are
going to work with him to find a way
to make this permanent.
My goal is to end childhood poverty
in this country. That is where I really
want to be because then I will know we
really are not going to hold some
child’s economic circumstances against
them, but we are going to give every
child in America the chance to run the
footrace with each other. But 50 per-
cent is pretty good. It is the best thing
we have seen out of Washington in gen-
erations.
I want to just mention a few words
also about the other bill that Senator
BROWN led on the earned income tax
credit, which triples that credit for
low-income workers who don’t have
kids. So these are workers who don’t
have kids, who won’t benefit from what
we are doing in the child tax credit but
will benefit from what we are doing on
the earned income tax credit.
Believe it or not, until now, until we
passed this bill, Washington, DC, was
actually taxing people into poverty. In
other words, people were working; they
were earning a living; and then they
had to pay their taxes. And then they
were in poverty because we were tri-
pling the tax credit from about $500 to
$1,500. That no longer will be true.
We also bring the minimum age down
from 25 down to 17, and we lift the cap
for seniors so more people can benefit
from this tax credit. In fact, 17 million
people in this country are going to ben-
efit from this change. There are 300,000
workers in my home State of Colorado.
And these changes are going to trans-
form lives. They are going to give folks
a chance to breathe.
Just like all of you, I want an econ-
omy that when the economy grows, it
grows for everybody. It doesn’t grow
just for the people at the very top.
That is the economy we have had for
the last 50 years. Such an economy is a
threat to democracy. You cannot have
a democracy if you don’t have an econ-
omy where everybody feels like they
get ahead. It won’t work. It has never
worked in human history, and I think
it would be unreasonable for us to ex-
pect it would work here.
It has created a lot of uncertainty
and, in many places, a lot of anger
about whether the American Dream
still exists for most Americans. I be-
lieve we will be able to dream again
here, and we are going to need, as I
said, an economy that works for every-
body. That means investing in our in-
frastructure. That means having an ap-
proach, you know, to the competition
from the Chinese Government that
doesn’t just leave us and our industries
as collateral damage but creates thriv-
ing supply chains here, high-paying
jobs here, and making sure that we
own auto manufacturing here and
other kind of manufacturing.
It means having an education system
that can prepare people to do the jobs
of the 21st century. That is work we
still have to do. It means making sure
that every single high school kid or
every single kid that graduates from
high school graduates knowing they
can earn not just a minimum wage but
a living wage the day they walk out of
their high school. That is what we need
to do.
But, in the meantime, this tax cut
for working people and for low-income
people means that people are going to
be able to put food on the table, save a
little bit of money, get through this
pandemic, make their lives a little bit
better, and give their kids a little bit
more hope.
I am really grateful. I am really
grateful that we elected a President
and a Vice President who is not treat-
ing America’s children like they are
someone else’s children but treating
them like they are our children. That
is not only the right thing to do for
them. That is the essential thing to do
if this democracy is going to survive.
I want to thank the Presiding Officer
for all his efforts on this bill as well
since you joined the Senate. I am going
to stop there, and I will come replace
you.
I yield the floor.
The PRESIDING OFFICER (Mr. BEN-
NET). The Senator from Georgia.
Mr. WARNOCK. Mr. President, I rise
today to join my colleagues—Senator
BROWN; Senator BOOKER; the Presiding
Officer, Senator BENNET—in shining a
bright spotlight on the tragedy of child
poverty and what the Senate needs to
do and can do to eliminate poverty per-
manently—child poverty across our
country.
Someone has said that children are
the casualties of every age, and while
this is a longstanding problem, the
fight could not be more urgent as
countless families work to pull them-
selves out of the economic misery
caused by a once-in-a-century pan-
demic. This pain is felt all across our
country.
But as we talk about the issue of
child poverty, this is not theoretical.
For me, it is personal. I grew up in pub-
lic housing. I am one of 12 children in
my family. I am No. 11 and the first
college graduate. I stand here today as
a U.S. Senator, but I am the product of
good Federal public policy and good
public schools. I know that what we do
in this Chamber makes a difference in
the lives of families and in the lives of
all of our children. My life’s journey is
a testament to the promise of our
country,
the
greatest
country
on
Earth, when we make the necessary in-
vestments in our youth and enable
them to thrive.
As a pastor, I speak to young people
all the time, and I often go back to my
hometown of Savannah, GA, and com-
munities all across Georgia like the
neighborhood I grew up in. In my ef-
forts to inspire children who are strug-
gling, I tell them that your parent’s in-
come does not have to determine your
outcome. It is not where you start; it is
where you end up.
Now, that is what I say to them, and
I believe it, because they need to be in-
spired to give it all that they have got.
But the truth is, when I tell them that
their parent’s income does not deter-
mine their outcome, that is not based
simply on what they do, but on what
we do. That has to be made real
through good public policy.
That is why I am so proud to work
with my Senate colleagues and I was so
happy to join this U.S. Senate at such
a critical time in our country, and in a
moment, when we, buoyed by the peo-
ple of Georgia who made a historic
choice, our majority enabled us to pass
the American Rescue Plan.
Over the past year, we have seen how
the consequences of COVID–19 and the
economic downturn that followed it
have both illuminated and exacerbated
so many of the longstanding disparities
that have challenged Georgians, Amer-
icans, and people everywhere. We know
that low-income families and children,
especially, have not only not been
spared but have, in many ways, suf-
fered more than most. Children are cas-
ualties at every age.
According to data from the Center
for American Progress, we know that
nearly one in five children in Georgia
was living in poverty last year. Think
about that: nearly one in five children
in poverty in the middle of a pandemic.
It is tough enough to live in poverty,
but it is even tougher to live in poverty
in the middle of a pandemic. What
could be tougher than being a child in
poverty in a pandemic?
Another 217,000 of those children live
in what we could call extreme poverty
in the United States—stock markets
soaring and children struggling and no
relationship between what is happening
on Wall Street and what is happening
on their streets. It is our job to make
it true when I say to them that their
parent’s income need not determine
their outcome.
I don’t know about anyone else, but I
think that these high rates of child
poverty are unacceptable in the great-
est, richest country on the planet.
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CONGRESSIONAL RECORD — SENATE
S1845
March 25, 2021
Often, we tell our children to stay on
the right road, to stay out of trouble,
and we should—stay focused—but we
ought to spread that net of responsi-
bility.
The truth is, poverty is its own vio-
lence. Poverty is a violence that
traumatizes the mind, oppresses the
body, and bruises the human spirit, so
that is why the American Rescue Plan
is so necessary, so important, and so
historic. I am glad that Senators BOOK-
ER, BROWN, and BENNET—I feel a little
left out, the odd guy out here—I am
glad that we were able to push through,
in the American Rescue Plan, a land-
mark expansion of two tax credit pro-
grams: the child tax credit and the
earned income tax credit.
Now, I am calling on all my Senate
colleagues to join us in making these
expansions permanent. By increasing
the child tax credit, thousands of more
dollars a year will flow into the pock-
ets of the children and families who
need it most, cutting poverty—child
poverty—nationwide in half.
In Georgia, more than 1 million fami-
lies with children will benefit from the
increased tax refund, and it will lift
more than 171,000 Georgia children out
of poverty. Those are my neighbors and
yours. Those are kids around my
church and who attend my church.
So I want to be clear. Not only were
we able to expand the tax refund so
that more families are getting more
money, but we were able to do so in
such a way that it gives families a
monthly
cash
payment
providing
greater financial security.
This is going to be a gamechanger for
so many families, especially those who
did not previously qualify for the cred-
it when it was used just to offset taxes
already owed to the government. Prior
to this expansion, we had folk who
were too poor to get our help. There is
something wrong about that—too poor
to get our help. This expansion cor-
rects that. Now, we are putting dollars
directly into the hands of the families
who need it the most.
In the COVID package, we were able
to strengthen the earned income tax
credit, nearly tripling the maximum
tax refund allowed for qualifying work-
ers because we have to make sure that
childless families in our communities
also have the support they need to pay
their rent, keep food on the table, and
more to keep our communities strong.
Taken together, expanding and ex-
tending these programs are a major
move toward eliminating child poverty
and poverty in general once and for all
in Georgia and all across our country,
but it is still not enough to truly tack-
le the issue. We have included this in
the American Rescue Plan; now, we
must make it permanent. As so often is
the case, the right thing to do is also
the smart thing to do. This will not
only help these families, it will help
the American economy.
I am just old enough to remember
when they started talking about trick-
le-down economics. I know some com-
munities where they have been waiting
for decades for that trickle. It hadn’t
trickled down; it is trickling up.
The right thing to do is often the
smart thing to do. When we help these
families, it is actually good economic
policy. Because when you help poor
families with children, they buy things
like food, baby diapers, a coat for their
kid, and it helps the American econ-
omy.
The right thing to do is the smart
thing to do. If Congress can slash child
poverty for 1 year, why wouldn’t we or
shouldn’t we do it once and for all? And
so I urge the Senate to stand up and do
this work in this moral moment in
America.
In just a few days, I will go home. I
will stand up, and I will preach on
Easter Sunday morning. This year, as
it turns out, Easter is on April 4. It is
the anniversary of Dr. King’s death. So
I will be thinking about Dr. King as I
preach this coming Easter because Dr.
King spent his last birthday, January
15, 1968, in his office, at our church,
among other things, planning the Poor
People’s Campaign, trying to organize
us and get us ready to stand up against
poverty. He spent his birthday think-
ing about other people’s children be-
cause he understood that his children
would not be OK until other people’s
children were OK.
April 4 is his birthday. April 4 is also
Easter this year. Let’s make these tax
credits permanent and resurrect hope
and possibility and promise for all of
America’s children.
I yield the floor.
The
PRESIDING
OFFICER
(Mr.
WARNOCK). The majority leader is rec-
ognized.
f
NATIONAL NATIVE PLANT MONTH
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the Com-
mittee on the Judiciary be discharged
from further consideration and the
Senate now proceed to S. Res. 109.
The
PRESIDING
OFFICER.
The
clerk will report the resolution by
title.
The senior assistant legislative clerk
read as follows:
A resolution (S. Res. 109) designating April
2021 as ‘‘National Native Plant Month’’.
There being no objection, the com-
mittee was discharged, and the Senate
proceeded to consider the resolution.
Mr. SCHUMER. I ask unanimous con-
sent that the resolution be agreed to,
the preamble be agreed to, and the mo-
tions to reconsider be considered made
and laid upon the table.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The resolution (S. Res. 109) was
agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is
printed in the RECORD of March 15, 2021,
under ‘‘Submitted Resolutions.’’)
REMEMBERING THE 5TH ANNIVER-
SARY OF THE TERRORIST AT-
TACKS AT BRUSSELS AIRPORT
AND
THE
MAALBEEK
METRO
STATION IN BELGIUM
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the Com-
mittee on Foreign Relations be dis-
charged from further consideration and
the Senate now proceed to S. Res. 130.
The
PRESIDING
OFFICER.
The
clerk will report the resolution by
title.
The senior assistant legislative clerk
read as follows:
A resolution (S. Res. 130) remembering the
5th anniversary of the terrorist attacks at
Brussels Airport and the Maalbeek metro
station in Belgium and honoring the victims
of the terrorist attacks.
There being no objection, committee
was discharged, and the Senate pro-
ceeded to consider the resolution.
Mr. SCHUMER. I ask unanimous con-
sent that the resolution be agreed to,
the preamble be agreed to, and the mo-
tions to reconsider be considered made
and laid upon the table.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The resolution (S. Res. 130) was
agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is
printed in the RECORD of March 23, 2021,
under ‘‘Submitted Resolutions.’’)
f
NATIONAL POISON PREVENTION
WEEK
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the Senate
proceed to the consideration of S. Res.
144, submitted earlier today.
The
PRESIDING
OFFICER.
The
clerk will report the resolution by
title.
The senior assistant legislative clerk
read as follows:
A resolution (S. Res. 144) recognizing the
week of March 21 through March 27, 2021, as
‘‘National Poison Prevention Week’’ and en-
couraging communities across the United
States to raise awareness of the dangers of
poisoning and promote poison prevention.
There being no objection, the Senate
proceeded to consider the resolution.
Mr. SCHUMER. I ask unanimous con-
sent that the resolution be agreed to,
the preamble be agreed to, and the mo-
tions to reconsider be considered made
and laid upon table with no intervening
action or debate.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The resolution (S. Res. 144) was
agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is
printed in today’s RECORD under ‘‘Sub-
mitted Resolutions.’’)
f
NATIONAL ASBESTOS AWARENESS
WEEK
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the Senate
proceed to the consideration of S. Res.
145, submitted earlier today.
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CONGRESSIONAL RECORD — SENATE
S1846
March 25, 2021
The
PRESIDING
OFFICER.
The
clerk will report the resolution by
title.
The senior assistant legislative clerk
read as follows:
A resolution (S. Res. 145) designating the
first week of April 2021 as ‘‘National Asbes-
tos Awareness Week’’.
There being no objection, the Senate
proceeded to consider the resolution.
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the resolution
be agreed to, the preamble be agreed
to, and the motions to reconsider be
considered made and laid upon the
table with no intervening action or de-
bate.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The resolution (S. Res. 145) was
agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is
printed in today’s RECORD under ‘‘Sub-
mitted Resolutions.’’)
f
RECOGNIZING THE 200TH ANNIVER-
SARY OF THE INDEPENDENCE OF
GREECE AND CELEBRATING DE-
MOCRACY IN GREECE AND THE
UNITED STATES
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the Senate
proceed to the consideration of Cal-
endar No. 17, S. Res. 34.
The
PRESIDING
OFFICER.
The
clerk will report the resolution by
title.
The senior assistant legislative clerk
read as follows:
A resolution (S. Res. 34) recognizing the
200th anniversary of the independence of
Greece and celebrating democracy in Greece
and the United States.
There being no objection, the Senate
proceeded to consider the resolution.
Mr. MENENDEZ. Mr. President, I
come to the floor in honor of an his-
toric occasion: the 200th anniversary of
Greece’s independence. I am delighted
to join the Greek-American commu-
nity in New Jersey and across the
United States in celebrating this bicen-
tennial. The bonds of friendship be-
tween the United States and Greece are
unbreakable, and as I stand here, in the
center of American democracy, I am
reminded of the strength of the shared
democratic values on which our long
partnership is based.
Greece has made incredible contribu-
tions to the world, not least of which is
developing the ideals of democracy and
rule of law that inspired our Founding
Fathers to establish our American sys-
tem of government. The very architec-
ture of the Capitol building is a tribute
to the foundational role Greece played
in the shaping of our democracy and
society. The democratic ideals devel-
oped in ancient Greece continue to mo-
tivate Americans and people around
the world today.
The people of the United States in
turn worked to support the people of
Greece as they began their own strug-
gle for independence 200 years ago.
American
Philhellene
Committees,
comprised
of
ordinary
Americans,
sprung up to support the Greek fight
for freedom through fundraising and
humanitarian assistance.
Members of Congress, including Dan-
iel Webster applauded ‘‘the struggle of
an interesting and gallant people . . .
contending against fearful odds . . . for
the common privilege of human na-
ture.’’ In a letter to Greek scholar
Adamantios
Koraes,
whose
work
formed the intellectual basis for the
Greek independence struggle, Thomas
Jefferson demonstrated his support by
writing that ‘‘no people sympathise
more feelingly than ours with the
sufferings of your countrymen, none
offer more sincere and ardent prayers
to heaven for their success.’’
Several American Philhellenes trav-
eled to Greece to assist the Greek peo-
ple more directly. Dr. Samuel Gridley
Howe, who later became a prominent
voice in America’s fight to end slavery,
served with the Greek army as a sur-
geon and a soldier. Jonathan Peckham
Miller, another future noted aboli-
tionist, also served in the Greek army.
George Jarvis fought alongside the
Greek people, as well as working to
provide food, medicine, and clothing to
those who needed it with the support of
the American Philhellene Committees.
The bonds between the peoples and
governments of Greece and the United
States have lasted throughout our
countries’ long history and are strong-
er than ever today. Greece is an invalu-
able partner to the United States as a
NATO member, as an EU member, and
in promoting peace and stability in the
Balkans and the Eastern Mediterra-
nean region. Greece’s unwavering com-
mitment to democracy and the rule of
law makes it a truly reliable ally in
the region and an increasingly critical
one as we face the challenges of the
21st century.
I am proud that Congress dem-
onstrated its support for further boost-
ing U.S.-Greece cooperation and U.S.
support for the Greece-Cyprus-Israel
trilateral, with the passage of the East-
ern Mediterranean Security and En-
ergy Partnership Act a little over a
year ago. Ensuring full implementa-
tion of this act is one of my priorities
as chairman of the Foreign Relations
Committee.
The past few years have seen critical
developments in U.S.-Greece relations.
I am grateful to the leadership of offi-
cials in both countries whose work has
helped U.S.-Greece ties reach their
strongest level ever, including Ambas-
sador Geoff Pyatt, and I look forward
to building on their fantastic efforts in
the months and years to come.
This 200th anniversary of Greece’s
independence truly is a time to cele-
brate: a time to celebrate Greece’s
hard-won freedom; a time to celebrate
the bonds between our peoples, and es-
pecially the many contributions Greek
Americans have made to this country;
and a time to celebrate our countries’
shared history and democratic values,
which will be the basis of our coun-
tries’ cooperation for years to come.
This week, the Senate Foreign Rela-
tions
Committee
unanimously
ap-
proved a resolution congratulating the
people of Greece on the 200th anniver-
sary of their independence. I am grate-
ful to Senator BARRASSO for joining me
in leading this resolution and to my
many Senate colleagues on both sides
of the aisle who have cosponsored this
resolution. With the passage of this
resolution every year, Congress—and,
through us, the American people—send
a clear message of support for the
Greek people and our countries’ endur-
ing partnership.
Greece’s 200th independence anniver-
sary serves not only as a reminder of
our countries’ long friendship, but also
as a time for us to look to build on
that history and strengthen our part-
nership for generations to come. The
Eastern Mediterranean region and the
world face unprecedented challenges,
and growing the U.S.-Greece relation-
ship is more critical than ever for our
shared security and stability. I look
forward to working with the people of
Greece and the Greek-American com-
munity to make the vision of an even
stronger U.S.-Greece relationship a re-
ality.
Mr. SCHUMER. Mr. President, I ask
unanimous consent that the resolution
be agreed to, the preamble be agreed
to, and the motions to reconsider be
considered made and laid upon the
table with no intervening action or de-
bate.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The resolution (S. Res. 34) was agreed
to.
The preamble was agreed to.
(The resolution, with its preamble, is
printed in the RECORD of February 4,
2021, under ‘‘Submitted Resolutions.’’)
f
APPOINTMENTS
The
PRESIDING
OFFICER.
The
Chair announces, on behalf of the Re-
publican Leader, pursuant to Public
Law 70–770, the appointment of the fol-
lowing individual to the Migratory
Bird Conservation Commission: The
Honorable JOHN BOOZMAN of Arkansas.
The Chair, on behalf of the Vice
President, pursuant to Public Law 94–
304, as amended by Public Law 99–7, ap-
points the following Senators as mem-
bers of the Commission on Security
and Cooperation in Europe (Helsinki)
during the 117th Congress: The Honor-
able ROGER WICKER of Mississippi; The
Honorable JOHN BOOZMAN of Arkansas;
The Honorable MARCO RUBIO of Florida;
and The Honorable THOM
TILLIS
of
North Carolina.
The Chair announces, on behalf of
the Republican Leader, pursuant to
Public Law 101–509 the reappointment
of the following individual to serve as a
member of the Advisory Committee on
the
Records
of
Congress:
Deborah
Skaggs of Kentucky.
The Chair, on behalf of the Majority
Leader, pursuant to the provisions of
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CONGRESSIONAL RECORD — SENATE
S1847
March 25, 2021
S. Res. 64, adopted March 5, 2013, ap-
points the following Senators as mem-
bers of the Senate National Security
Working Group for the 117th Congress:
DIANNE
FEINSTEIN
of California (Ad-
ministrative Co-Chair); JACK REED of
Rhode
Island
(Co-Chair);
ROBERT
MENENDEZ of New Jersey (Co-Chair);
RICHARD
J. DURBIN
of Illinois (Co-
Chair); BENJAMIN L. CARDIN of Mary-
land; ROBERT P. CASEY, Jr. of Pennsyl-
vania; TAMMY DUCKWORTH of Illinois;
MARGARET WOOD HASSAN of New Hamp-
shire; KYRSTEN SINEMA of Arizona; and
RAPHAEL G. WARNOCK of Georgia.
f
EXECUTIVE SESSION
EXECUTIVE CALENDAR
Mr. SCHUMER. I ask unanimous con-
sent the Senate proceed to executive
session to consider the following nomi-
nations: Calendar Nos. 41, 44, 45, 46, 47,
48, 49, 50, 51, 52, 56, and all nominations
placed on the Secretary’s desk in the
Air Force, Army, Marine Corps, Navy,
and Space Force; nominations be con-
firmed en bloc. I further ask that the
motions to reconsider be considered
made and laid upon the table with no
intervening action or debate; that no
further motions be in order to any of
the nominations; that the President be
immediately notified of the Senate’s
action and the Senate then resume leg-
islative session.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The nominations considered and con-
firmed are as follows:
IN THE SPACE FORCE
The following named officers for appoint-
ment in the United States Space Force to
the grade indicated under title 10, U.S.C.,
section 624:
To be brigadier general
Col. Dennis O. Bythewood
Col. Todd R. Moore
Col. Devin R. Pepper
Col. James E. Smith
IN THE NAVY
The following named officers for appoint-
ment in the United States Navy to the grade
indicated under title 10, U.S.C., section 624:
To be rear admiral
Rear Adm. (lh) James A. Aiken
Rear Adm. (lh) Michael E. Boyle
Rear Adm. (lh) Keith B. Davids
Rear Adm. (lh) Leonard C. Dollaga
Rear Adm. (lh) Christopher S. Gray
Rear Adm. (lh) John E. Gumbleton
Rear Adm. (lh) Sara A. Joyner
Rear Adm. (lh) James A. Kirk
Rear Adm. (lh) Andrew J. Loiselle
Rear Adm. (lh) Brendan R. McLane
Rear Adm. (lh) Peter G. Vasely
Rear Adm. (lh) James P. Waters, III
Rear Adm. (lh) George M. Wikoff
The following named officers for appoint-
ment in the United States Navy to the grade
indicated under title 10, U.S.C., section 624:
To be rear admiral (lower half)
Capt. Christopher D. Alexander
Capt. Sean R. Bailey
Capt. Thomas R. Buchanan
Capt. Christopher J. Cavanaugh
Capt. Brad J. Collins
Capt. Jennifer S. Couture
Capt. William R. Daly
Capt. Erik J. Eslich
Capt. Ronald A. Foy
Capt. Patrick J. Hannifin
Capt. Christopher A. Kijek
Capt. Oliver T. Lewis
Capt. Stephen G. Mack
Capt. Benjamin R. Nicholson
Capt. Randall W. Peck
Capt. Benjamin G. Reynolds
Capt. Mark A. Schafer
The following named officers for appoint-
ment in the United States Navy to the grade
indicated under title 10, U.S.C., section 624:
To be rear admiral (lower half)
Capt. Ronald J. Piret
Capt. Ralph R. Smith, III
The following named officer for appoint-
ment in the United States Navy to the grade
indicated under title 10, U.S.C., section 624:
To be rear admiral
Rear Adm. (lh) Joseph D. Noble, Jr.
The following named officers for appoint-
ment in the United States Navy to the grade
indicated under title 10, U.S.C., section 624:
To be rear admiral
Rear Adm. (lh) William E. Chase, III
Rear Adm. (lh) John A. Okon
IN THE MARINE CORPS
The following named officers for appoint-
ment in the United States Marine Corps to
the grade indicated under title 10, U.S.C.,
sectio 624:
To be brigadier general
Col. Joseph R. Clearfield
Col. Mark H. Clingan
Col. Simon M. Doran
Col. Walker M. Field
Col. Anthony M. Henderson
Col. Michael E. McWilliams
Col. Matthew T. Mowery
Col. Andrew M. Niebel
Col. Ahmed T. Williamson
The following named officer for appoint-
ment in the United States Marine Corps Re-
serve to the grade indicated under title 10,
U.S.C., section 12203:
To be brigadier general
Col. Sean N. Day
The following named officer for appoint-
ment in the United States Marine Corps Re-
serve to the grade indicated under title 10,
U.S.C., section 12203:
IN THE COAST GUARD
The following named officer for appoint-
ment in the United States Coast Guard to
the grade indicated under title 14, U.S.C.,
section 212l(e):
To be commander
Jerry L. Smith
To be major general
Brig. Gen. Mark A. Hashimoto
IN THE NAVY
The following named officer for appoint-
ment in the United States Navy to the grade
indicated while assigned to a position of im-
portance and responsibility under title 10,
U.S.C., section 601:
To be admiral
Vice Adm. Samuel J. Paparo, Jr.
NOMINATIONS PLACED ON THE SECRETARY’S
DESK
IN THE AIR FORCE
PN135 AIR FORCE nominations (241) begin-
ning TASRIF AHMED, and ending ISAAC D.
YOURISON, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN136 AIR FORCE nominations (41) begin-
ning HAIDER W. ALJEWARI, and ending
THOMAS M. WOOLF, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN137 AIR FORCE nominations (113) begin-
ning DANIEL JAMES ABER, and ending
DANIEL SCOTT ZEVITZ, which nomina-
tions were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
PN138 AIR FORCE nominations (75) begin-
ning ERIN E. ARTZ, and ending SETH P.
WILSON, which nominations were received
by the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN140 AIR FORCE nominations (123) begin-
ning MICHELLE R. ALDERS, and ending
APRIL LASHEL WOODY, which nomina-
tions were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
PN141 AIR FORCE nominations (41) begin-
ning AARON J. AGIRRE, and ending GREG-
ORY S. ZILINSKI, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN142 AIR FORCE nominations (23) begin-
ning BENJAMIN BERZINIS, and ending
CLINTON K. WAHL, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN143 AIR FORCE nominations (55) begin-
ning JOSE C. AGUIRRE, and ending SCOTT
M. ZELASKO, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN144 AIR FORCE nominations (14) begin-
ning NICHOLAS B. DUVALL, and ending
SCOTT D. WRIGHT, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN145 AIR FORCE nominations (6) begin-
ning DIANE M. CALDERA, and ending WIL-
LIAM A. PASHLEY, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN146 AIR FORCE nominations (74) begin-
ning BRYAN MARK BAILEY, and ending
JASON P. WILLEY, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN147 AIR FORCE nomination of Conn P.
McKelvey, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN148 AIR FORCE nominations (3) begin-
ning
ADAM
H.
FISHER,
and
ending
SYLVETTE ORTIZ, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN149 AIR FORCE nominations (26) begin-
ning TINA C. BENIVEGNA, and ending GIA
MARIE WILSON-MACKEY, which nomina-
tions were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
PN150 AIR FORCE nominations (5) begin-
ning GARY L. FRISARD, and ending BRIAN
J. PEARSON, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN151 AIR FORCE nominations (2) begin-
ning BARRY E. DICKSON, JR., and ending
AMY L. HUNT, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN152 AIR FORCE nominations (3) begin-
ning AMIE M. DOUGLAS, and ending SEMIH
S. KUMRU, which nominations were received
by the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN153 AIR FORCE nominations (12) begin-
ning ROBERT E. BEYLER, and ending NI-
COLE P. WISHART, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
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CONGRESSIONAL RECORD — SENATE
S1848
March 25, 2021
PN154 AIR FORCE nominations (12) begin-
ning CHARLOTTE C. APPLETON, and end-
ing JOHN M. TUDELA, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN155 AIR FORCE nominations (3) begin-
ning JENNIFER A. ALFAR, and ending
MATTHEW L. HUDKINS, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN156 AIR FORCE nominations (9) begin-
ning LOUIS EDWARD BELLACE, and ending
CYNTHIA M. WASHINGTON, which nomina-
tions were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
PN157 AIR FORCE nomination of Paul Jo-
seph Sinuk, which was received by the Sen-
ate and appeared in the Congressional
Record of February 22, 2021.
PN158 AIR FORCE nomination of Chris-
topher J. Blaney, which was received by the
Senate and appeared in the Congressional
Record of February 22, 2021.
PN159 AIR FORCE nomination of Richard
D. Engleman, which was received by the Sen-
ate and appeared in the Congressional
Record of February 22, 2021.
PN160 AIR FORCE nomination of Elizabeth
A. Beal, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN161 AIR FORCE nominations (22) begin-
ning JEFFREY D. ADKINS, and ending ME-
LISSA M. TALLENT, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN162 AIR FORCE nomination of David L.
Walker, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN163 AIR FORCE nomination of Raeann
H. Macalma, which was received by the Sen-
ate and appeared in the Congressional
Record of February 22, 2021.
PN164 AIR FORCE nomination of Joshua
B. Allen, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN165 AIR FORCE nominations (4) begin-
ning MICHAEL JON BATES, and ending
DAVID M. JACKSON, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN166 AIR FORCE nomination of Laurie
Ann Flagg Inacio, which was received by the
Senate and appeared in the Congressional
Record of February 22, 2021.
PN167 AIR FORCE nominations (53) begin-
ning MATTHEW R. ALLEN, and ending
SHAUN M. WILLHITE, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN168 AIR FORCE nominations (83) begin-
ning PETER BRIAN ABERCROMBIE, II, and
ending CHRISTOPHER C. WOOD, which
nominations were received by the Senate and
appeared in the Congressional Record of Feb-
ruary 22, 2021.
PN169 AIR FORCE nominations (230) begin-
ning GREGORY M. ADAMS, and ending
RYAN A. ZEITLER, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN170 AIR FORCE nominations (38) begin-
ning
OBI
AGBORBESONG,
and
ending
BRYCE D. WARREN, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN171 AIR FORCE nominations (7) begin-
ning KEVIN W. BYRD, and ending WILLIAM
L. WEIFORD, III, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN172 AIR FORCE nominations (77) begin-
ning MICHAEL R. ANDREWS, and ending
RONNIE B. YOUNG, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN173 AIR FORCE nominations (152) begin-
ning PEDRO E. AVILA MORALES, and end-
ing KATELYN M. ZERINGUE, which nomi-
nations were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
IN THE ARMY
PN174 ARMY nominations (3) beginning
MARK
S.
BORN,
and
ending
HENRY
CARTAGENA, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN175 ARMY nominations (5) beginning
MICHAEL L. BARNETT, and ending JAMES
B. PRISOCK, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN176 ARMY nomination of Lawrence B.
Austin, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN177 ARMY nomination of John B. Black-
burn, which was received by the Senate and
appeared in the Congressional Record of Feb-
ruary 22, 2021.
PN178 ARMY nomination of Carlos J.
Kavetsky, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN179 ARMY nomination of Laronda D.
Davis, which was received by the Senate and
appeared in the Congressional Record of Feb-
ruary 22, 2021.
PN180 ARMY nomination of Alvin D.
Schwapp, Jr., which was received by the Sen-
ate and appeared in the Congressional
Record of February 22, 2021.
PN181 ARMY nomination of Randall S.
Bossler, Jr., which was received by the Sen-
ate and appeared in the Congressional
Record of February 22, 2021.
PN182 ARMY nominations (2) beginning
JOSEPH A. MARTY, and ending BRIAN W.
MCCOY, which nominations were received by
the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN183 ARMY nomination of Fenicia L.
Jackson, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN184 ARMY nomination of Jermain Y.
Williams, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN185 ARMY nominations (30) beginning
TIMOTHY
M.
BENEDICT,
and
ending
SUSAN
STANKORB,
which
nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN186 ARMY nominations (120) beginning
HARRIS A. ABBASI, and ending D015486,
which nominations were received by the Sen-
ate and appeared in the Congressional
Record of February 22, 2021.
PN187 ARMY nominations (81) beginning
SILAS C. ABRENICA, and ending DANIEL J.
YOURK, which nominations were received by
the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN188 ARMY nominations (34) beginning
PAUL E. BAKER, and ending STEPHEN L.
WILLSON, which nominations were received
by the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN189 ARMY nominations (523) beginning
JONATHAN
E.
ABSHIRE,
and
ending
D015253, which nominations were received by
the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN190 ARMY nominations (564) beginning
NATHANAEL
B.
ACHOR,
and
ending
D014388, which nominations were received by
the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN191 ARMY nomination of Ikechukwu L.
Eweama, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN192 ARMY nomination of Edward F.
Burke, which was received by the Senate and
appeared in the Congressional Record of Feb-
ruary 22, 2021.
PN193 ARMY nominations (16) beginning
ROB
R.
BILLINGS,
and
ending
OVID
VILLARREAL, JR., which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 201.
PN194 ARMY nomination of Stephen F.
Barker, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN195 ARMY nominations (2) beginning
JAMES ACEVEDO, and ending LASHELL Y.
DAVIS, which nominations were received by
the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN196 ARMY nominations (22) beginning
JOSEPH A. ANDERSON, and ending JOHN
M. WINSTON, III, which nominations were
received by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN197 ARMY nomination of Michael W.
Mundle, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN198 ARMY nomination of Douglas W.
Hedrick, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN199 ARMY nominations (921) beginning
NICHOLAUS
A.
ABBOTT,
and
ending
D015207, which nominations were received by
the Senate and appeared in the Congres-
sional Record of February 22, 2021.
IN THE MARINE CORPS
PN61 MARINE CORPS nominations (4) be-
ginning MICHAEL J. ALLEN, and ending
CHRISTOPHER M. SMITH, which nomina-
tions were received by the Senate and ap-
peared in the Congressional Record of Janu-
ary 6, 2021.
PN62 MARINE CORPS nominations (2) be-
ginning DOUGLAS A. MAYORGA, and end-
ing MARK L. OLDROYD, which nominations
were received by the Senate and appeared in
the Congressional Record of January 6, 2021.
PN211 MARINE CORPS nomination of
Jonathon T. Frerichs, which was received by
the Senate and appeared in the Congres-
sional Record of February 22, 2021.
PN212 MARINE CORPS nominations (4) be-
ginning WILLIAM S. CHAIRSELL, III, and
ending RICHARD W. WILSON, which nomi-
nations were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
IN THE NAVY
PN200 NAVY nomination of Rodney A.
Noah, which was received by the Senate and
appeared in the Congressional Record of Feb-
ruary 22, 2021.
PN201 NAVY nomination of Jonathan S.
Channell, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN202 NAVY nomination of Hassan A.
Brown, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN203 NAVY nomination of James G.
O’Loughlin, which was received by the Sen-
ate and appeared in the Congressional
Record of February 22, 2021.
PN206 NAVY nominations (67) beginning
PHILIP
P.
CASTELLANO,
and
ending
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CONGRESSIONAL RECORD — SENATE
S1849
March 25, 2021
GREGORY J. YAMAMOTO, which nomina-
tions were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
PN207 NAVY nomination of Peter Minh V.
Nguyen, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
PN208
NAVY
nomination
of
Troy
T.
Tartaglia, which was received by the Senate
and appeared in the Congressional Record of
February 22, 2021.
IN THE SPACE FORCE
PN139 SPACE FORCE nominations (15) be-
ginning RAJ AGRAWAL, and ending SACHA
N. TOMLINSON, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
PN214 SPACE FORCE nominations (15) be-
ginning LEROY BROWN, JR., and ending
FORREST D. TAYLOR, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN216 SPACE FORCE nominations (93) be-
ginning CHRISTOPHER A. KENNEDY, and
ending DEREK B. WORTH, which nomina-
tions were received by the Senate and ap-
peared in the Congressional Record of Feb-
ruary 22, 2021.
PN217 SPACE FORCE nominations (34) be-
ginning LANCE E. BASGALL, and ending
STEPHANIE J. WEBB, which nominations
were received by the Senate and appeared in
the Congressional Record of February 22,
2021.
PN218 SPACE FORCE nominations (3) be-
ginning MARK C. BIGLEY, and ending STE-
PHEN G. LYON, which nominations were re-
ceived by the Senate and appeared in the
Congressional Record of February 22, 2021.
f
LEGISLATIVE SESSION
The PRESIDING OFFICER. The Sen-
ate will now resume legislative session.
f
ORDERS FOR MONDAY, MARCH 29,
2021, THROUGH TUESDAY, APRIL
12, 2021
Mr. SCHUMER. Mr. President, I ask
unanimous consent that when the Sen-
ate completes its business today, it
stand adjourned to then convene for
pro forma sessions only, with no busi-
ness being conducted, on the following
dates and times; and that following
each pro forma session, the Senate ad-
journ until the next pro forma session:
Monday, March 29 at 11 a.m.; Thursday,
April 1 at 10 a.m.; Monday, April 5 at 2
p.m.; Thursday, April 8 at 5:30 p.m. I
further ask that when the Senate ad-
journs on Thursday, April 8, it next
convene at 3 p.m., Monday, April 12;
further, that following the prayer and
pledge, the morning hour be deemed
expired, the Journal of proceedings be
approved to date, the time for the two
leaders be reserved for their use later
in the day, and morning business be
closed; finally, upon the conclusion of
morning business, the Senate proceed
to executive session to resume consid-
eration of the Trottenberg nomination
to be Deputy Secretary of Transpor-
tation; finally, that the cloture mo-
tions filed during today’s session ripen
at 5:30 p.m.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ADJOURNMENT UNTIL MONDAY,
MARCH 29, 2021, AT 11 A.M.
Mr. SCHUMER. If there is no further
business to come before the Senate, I
ask unanimous consent that it stand
adjourned under the previous order.
There being no objection, the Senate,
at 5:30 p.m., adjourned until Monday,
29, 2021, at 11 a.m.
f
NOMINATIONS
Executive nominations received by
the Senate:
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
ADRIANNE TODMAN, OF THE VIRGIN ISLANDS, TO BE
DEPUTY SECRETARY OF HOUSING AND URBAN DEVELOP-
MENT, VICE BRIAN D. MONTGOMERY.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DAWN MYERS O’CONNELL, OF THE DISTRICT OF COLUM-
BIA, TO BE ASSISTANT SECRETARY FOR PREPAREDNESS
AND RESPONSE, DEPARTMENT OF HEALTH AND HUMAN
SERVICES, VICE ROBERT P. KADLEC.
f
CONFIRMATIONS
Executive nominations confirmed by
the Senate March 25, 2021:
DEPARTMENT OF THE TREASURY
ADEWALE O. ADEYEMO, OF CALIFORNIA, TO BE DEPUTY
SECRETARY OF THE TREASURY.
IN THE SPACE FORCE
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
IN THE UNITED STATES SPACE FORCE TO THE GRADE IN-
DICATED UNDER TITLE 10, U.S.C., SECTION 624:
To be brigadier general
COL. DENNIS O. BYTHEWOOD
COL. TODD R. MOORE
COL. DEVIN R. PEPPER
COL. JAMES E. SMITH
IN THE NAVY
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
UNDER TITLE 10, U.S.C., SECTION 624:
To be rear admiral
REAR ADM. (LH) JAMES A. AIKEN
REAR ADM. (LH) MICHAEL E. BOYLE
REAR ADM. (LH) KEITH B. DAVIDS
REAR ADM. (LH) LEONARD C. DOLLAGA
REAR ADM. (LH) CHRISTOPHER S. GRAY
REAR ADM. (LH) JOHN E. GUMBLETON
REAR ADM. (LH) SARA A. JOYNER
REAR ADM. (LH) JAMES A. KIRK
REAR ADM. (LH) ANDREW J. LOISELLE
REAR ADM. (LH) BRENDAN R. MCLANE
REAR ADM. (LH) PETER G. VASELY
REAR ADM. (LH) JAMES P. WATERS III
REAR ADM. (LH) GEORGE M. WIKOFF
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
UNDER TITLE 10, U.S.C., SECTION 624:
To be rear admiral (lower half)
CAPT. CHRISTOPHER D. ALEXANDER
CAPT. SEAN R. BAILEY
CAPT. THOMAS R. BUCHANAN
CAPT. CHRISTOPHER J. CAVANAUGH
CAPT. BRAD J. COLLINS
CAPT. JENNIFER S. COUTURE
CAPT. WILLIAM R. DALY
CAPT. ERIK J. ESLICH
CAPT. RONALD A. FOY
CAPT. PATRICK J. HANNIFIN
CAPT. CHRISTOPHER A. KIJEK
CAPT. OLIVER T. LEWIS
CAPT. STEPHEN G. MACK
CAPT. BENJAMIN R. NICHOLSON
CAPT. RANDALL W. PECK
CAPT. BENJAMIN G. REYNOLDS
CAPT. MARK A. SCHAFER
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
UNDER TITLE 10, U.S.C., SECTION 624:
To be rear admiral (lower half)
CAPT. RONALD J. PIRET
CAPT. RALPH R. SMITH III
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
UNDER TITLE 10, U.S.C., SECTION 624:
To be rear admiral
REAR ADM. (LH) JOSEPH D. NOBLE, JR.
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
UNDER TITLE 10, U.S.C., SECTION 624:
To be rear admiral
REAR ADM. (LH) WILLIAM E. CHASE III
REAR ADM. (LH) JOHN A. OKON
IN THE MARINE CORPS
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT
IN THE UNITED STATES MARINE CORPS TO THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTION 624:
To be brigadier general
COL. JOSEPH R. CLEARFIELD
COL. MARK H. CLINGAN
COL. SIMON M. DORAN
COL. WALKER M. FIELD
COL. ANTHONY M. HENDERSON
COL. MICHAEL E. MCWILLIAMS
COL. MATTHEW T. MOWERY
COL. ANDREW M. NIEBEL
COL. AHMED T. WILLIAMSON
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE UNITED STATES MARINE CORPS RESERVE TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:
To be brigadier general
COL. SEAN N. DAY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE UNITED STATES MARINE CORPS RESERVE TO THE
GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:
To be major general
BRIG. GEN. MARK A. HASHIMOTO
IN THE NAVY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE UNITED STATES NAVY TO THE GRADE INDICATED
WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND
RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
To be admiral
VICE ADM. SAMUEL J. PAPARO, JR.
IN THE COAST GUARD
COAST GUARD NOMINATION OF JERRY L. SMITH, TO BE
COMMANDER.
IN THE AIR FORCE
AIR FORCE NOMINATIONS BEGINNING WITH TASRIF
AHMED AND ENDING WITH ISAAC D. YOURISON, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH HAIDER W.
ALJEWARI AND ENDING WITH THOMAS M. WOOLF, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH DANIEL
JAMES ABER AND ENDING WITH DANIEL SCOTT ZEVITZ,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH ERIN E.
ARTZ AND ENDING WITH SETH P. WILSON, WHICH NOMI-
NATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH MICHELLE
R. ALDERS AND ENDING WITH APRIL LASHEL WOODY,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH AARON J.
AGIRRE AND ENDING WITH GREGORY S. ZILINSKI, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH BENJAMIN
BERZINIS AND ENDING WITH CLINTON K. WAHL, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH JOSE C.
AGUIRRE AND ENDING WITH SCOTT M. ZELASKO, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH NICHOLAS
B. DUVALL AND ENDING WITH SCOTT D. WRIGHT, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH DIANE M.
CALDERA AND ENDING WITH WILLIAM A. PASHLEY,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH BRYAN
MARK BAILEY AND ENDING WITH JASON P. WILLEY,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATION OF CONN P. MCKELVEY, TO BE
COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH ADAM H.
FISHER AND ENDING WITH SYLVETTE ORTIZ, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
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CONGRESSIONAL RECORD — SENATE
S1850
March 25, 2021
AIR FORCE NOMINATIONS BEGINNING WITH TINA C.
BENIVEGNA AND ENDING WITH GIA MARIE WILSON–MAC-
KEY, WHICH NOMINATIONS WERE RECEIVED BY THE SEN-
ATE AND APPEARED IN THE CONGRESSIONAL RECORD
ON FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH GARY L.
FRISARD AND ENDING WITH BRIAN J. PEARSON, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH BARRY E.
DICKSON, JR. AND ENDING WITH AMY L. HUNT, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH AMIE M.
DOUGLAS AND ENDING WITH SEMIH S. KUMRU, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH ROBERT E.
BEYLER AND ENDING WITH NICOLE P. WISHART, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH CHAR-
LOTTE C. APPLETON AND ENDING WITH JOHN M.
TUDELA, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE
AND
APPEARED
IN
THE
CONGRESSIONAL
RECORD ON FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH JENNIFER
A. ALFAR AND ENDING WITH MATTHEW L. HUDKINS,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH LOUIS ED-
WARD BELLACE AND ENDING WITH CYNTHIA M. WASH-
INGTON, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE
AND
APPEARED
IN
THE
CONGRESSIONAL
RECORD ON FEBRUARY 22, 2021.
AIR FORCE NOMINATION OF PAUL JOSEPH SINUK, TO
BE COLONEL.
AIR FORCE NOMINATION OF CHRISTOPHER J. BLANEY,
TO BE COLONEL.
AIR FORCE NOMINATION OF RICHARD D. ENGLEMAN, TO
BE COLONEL.
AIR FORCE NOMINATION OF ELIZABETH A. BEAL, TO BE
COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH JEFFREY
D. ADKINS AND ENDING WITH MELISSA M. TALLENT,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATION OF DAVID L. WALKER, TO BE
LIEUTENANT COLONEL.
AIR FORCE NOMINATION OF RAEANN H. MACALMA, TO
BE LIEUTENANT COLONEL .
AIR FORCE NOMINATION OF JOSHUA B. ALLEN, TO BE
LIEUTENANT COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL
JON BATES AND ENDING WITH DAVID M. JACKSON,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATION OF LAURIE ANN FLAGG
INACIO, TO BE COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW
R. ALLEN AND ENDING WITH SHAUN M. WILLHITE, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH PETER
BRIAN ABERCROMBIE II AND ENDING WITH CHRIS-
TOPHER C. WOOD, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH GREGORY
M. ADAMS AND ENDING WITH RYAN A. ZEITLER, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR
FORCE
NOMINATIONS
BEGINNING
WITH
OBI
AGBORBESONG AND ENDING WITH BRYCE D. WARREN,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH KEVIN W.
BYRD AND ENDING WITH WILLIAM L. WEIFORD III, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL R.
ANDREWS AND ENDING WITH RONNIE B. YOUNG, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
AIR FORCE NOMINATIONS BEGINNING WITH PEDRO E.
AVILA
MORALES
AND
ENDING
WITH
KATELYN
M.
ZERINGUE, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON FEBRUARY 22, 2021.
IN THE ARMY
ARMY NOMINATIONS BEGINNING WITH MARK S. BORN
AND ENDING WITH HENRY CARTAGENA, WHICH NOMINA-
TIONS WERE RECEIVED BY THE SENATE AND APPEARED
IN THE CONGRESSIONAL RECORD ON FEBRUARY 22, 2021.
ARMY NOMINATIONS BEGINNING WITH MICHAEL L.
BARNETT AND ENDING WITH JAMES B. PRISOCK, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATION OF LAWRENCE B. AUSTIN, TO BE
COLONEL.
ARMY NOMINATION OF JOHN B. BLACKBURN, TO BE
COLONEL.
ARMY NOMINATION OF CARLOS J. KAVETSKY, TO BE
COLONEL.
ARMY NOMINATION OF LARONDA D. DAVIS, TO BE
MAJOR.
ARMY NOMINATION OF ALVIN D. SCHWAPP, JR., TO BE
COLONEL.
ARMY NOMINATION OF RANDALL S. BOSSLER, JR., TO
BE MAJOR.
ARMY NOMINATIONS BEGINNING WITH JOSEPH A.
MARTY AND ENDING WITH BRIAN W. MCCOY, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATION OF FENICIA L. JACKSON, TO BE
COLONEL.
ARMY NOMINATION OF JERMAIN Y. WILLIAMS, TO BE
MAJOR.
ARMY NOMINATIONS BEGINNING WITH TIMOTHY M.
BENEDICT AND ENDING WITH SUSAN STANKORB, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATIONS BEGINNING WITH HARRIS A.
ABBASI AND ENDING WITH D015486, WHICH NOMINATIONS
WERE RECEIVED BY THE SENATE AND APPEARED IN THE
CONGRESSIONAL RECORD ON FEBRUARY 22, 2021.
ARMY
NOMINATIONS
BEGINNING
WITH
SILAS
C.
ABRENICA AND ENDING WITH DANIEL J. YOURK, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATIONS BEGINNING WITH PAUL E. BAKER
AND ENDING WITH STEPHEN L. WILLSON, WHICH NOMI-
NATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATIONS BEGINNING WITH JONATHAN E.
ABSHIRE AND ENDING WITH D015253, WHICH NOMINA-
TIONS WERE RECEIVED BY THE SENATE AND APPEARED
IN THE CONGRESSIONAL RECORD ON FEBRUARY 22, 2021.
ARMY NOMINATIONS BEGINNING WITH NATHANAEL B.
ACHOR AND ENDING WITH D014388, WHICH NOMINATIONS
WERE RECEIVED BY THE SENATE AND APPEARED IN THE
CONGRESSIONAL RECORD ON FEBRUARY 22, 2021.
ARMY NOMINATION OF IKECHUKWU L. EWEAMA, TO BE
COLONEL.
ARMY NOMINATION OF EDWARD F. BURKE, TO BE COLO-
NEL.
ARMY NOMINATIONS BEGINNING WITH ROB R. BIL-
LINGS AND ENDING WITH OVID VILLARREAL, JR., WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATION OF STEPHEN F. BARKER, TO BE
LIEUTENANT COLONEL.
ARMY
NOMINATIONS
BEGINNING
WITH
JAMES
ACEVEDO AND ENDING WITH LASHELL Y. DAVIS, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATIONS BEGINNING WITH JOSEPH A. AN-
DERSON AND ENDING WITH JOHN M. WINSTON III, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
ARMY NOMINATION OF MICHAEL W. MUNDLE, TO BE
COLONEL.
ARMY NOMINATION OF DOUGLAS W. HEDRICK, TO BE
COLONEL.
ARMY NOMINATIONS BEGINNING WITH NICHOLAUS A.
ABBOTT AND ENDING WITH D015207, WHICH NOMINATIONS
WERE RECEIVED BY THE SENATE AND APPEARED IN THE
CONGRESSIONAL RECORD ON FEBRUARY 22, 2021.
IN THE MARINE CORPS
MARINE CORPS NOMINATIONS BEGINNING WITH MI-
CHAEL J. ALLEN AND ENDING WITH CHRISTOPHER M.
SMITH, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE
AND
APPEARED
IN
THE
CONGRESSIONAL
RECORD ON JANUARY 6, 2021.
MARINE CORPS NOMINATIONS BEGINNING WITH DOUG-
LAS A. MAYORGA AND ENDING WITH MARK L. OLDROYD,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 6, 2021.
MARINE
CORPS
NOMINATION
OF
JONATHON
T.
FRERICHS, TO BE LIEUTENANT COLONEL.
MARINE CORPS NOMINATIONS BEGINNING WITH WIL-
LIAM S. CHAIRSELL III AND ENDING WITH RICHARD W.
WILSON, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE
AND
APPEARED
IN
THE
CONGRESSIONAL
RECORD ON FEBRUARY 22, 2021.
IN THE NAVY
NAVY NOMINATION OF RODNEY A. NOAH, TO BE LIEU-
TENANT COMMANDER.
NAVY NOMINATION OF JONATHAN S. CHANNELL, TO BE
CAPTAIN.
NAVY NOMINATION OF HASSAN A. BROWN, TO BE COM-
MANDER.
NAVY NOMINATION OF JAMES G. O’LOUGHLIN, TO BE
LIEUTENANT COMMANDER.
NAVY
NOMINATIONS
BEGINNING
WITH
PHILIP
P.
CASTELLANO
AND
ENDING
WITH
GREGORY
J.
YAMAMOTO, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON FEBRUARY 22, 2021.
NAVY NOMINATION OF PETER MINH V. NGUYEN, TO BE
LIEUTENANT COMMANDER .
NAVY NOMINATION OF TROY T. TARTAGLIA, TO BE CAP-
TAIN.
IN THE SPACE FORCE
SPACE FORCE NOMINATIONS BEGINNING WITH RAJ
AGRAWAL AND ENDING WITH SACHA N. TOMLINSON,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
SPACE FORCE NOMINATIONS BEGINNING WITH LEROY
BROWN, JR. AND ENDING WITH FORREST D. TAYLOR,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
SPACE FORCE NOMINATIONS BEGINNING WITH CHRIS-
TOPHER A. KENNEDY AND ENDING WITH DEREK B.
WORTH, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE
AND
APPEARED
IN
THE
CONGRESSIONAL
RECORD ON FEBRUARY 22, 2021.
SPACE FORCE NOMINATIONS BEGINNING WITH LANCE
E. BASGALL AND ENDING WITH STEPHANIE J. WEBB,
WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON
FEBRUARY 22, 2021.
SPACE FORCE NOMINATIONS BEGINNING WITH MARK C.
BIGLEY AND ENDING WITH STEPHEN G. LYON, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND AP-
PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY
22, 2021.
f
WITHDRAWAL
Executive Message transmitted by
the President to the Senate on March
25, 2021 withdrawing from further Sen-
ate consideration the following nomi-
nation:
NEERA TANDEN, OF MASSACHUSETTS, TO BE DIREC-
TOR OF THE OFFICE OF MANAGEMENT AND BUDGET,
WHICH WAS SENT TO THE SENATE ON JANUARY 20, 2021.
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D304
Thursday, March 25, 2021
Daily Digest
HIGHLIGHTS
Senate passed H.R. 1799, PPP Extension Act.
Senate passed H.R. 1868, Medicare Sequester Act, as amended.
Senate
Chamber Action
Routine Proceedings, pages S1791–S1850
Measures Introduced: One hundred one bills and
fifteen resolutions were introduced, as follows: S.
965–1065, S.J. Res. 14–16, and S. Res. 136–147.
                                                                                    Pages S1813–17
Measures Reported:
S. Res. 114, commending the United States Afri-
can Development Foundation on the occasion of its
40th anniversary for creating pathways to prosperity
for underserved communities on the African con-
tinent through community-led development.
                                                                                            Page S1812
Measures Passed:
PPP Extension Act: By 92 yeas to 7 nays (Vote
No. 140), Senate passed H.R. 1799, to amend the
Small Business Act and the CARES Act to extend
the covered period for the paycheck protection pro-
gram, by the order of the Senate of Wednesday,
March 24, 2021, 60 Senators having voted in the af-
firmative, after agreeing to the motion to proceed,
and taking action on the following amendments and
motion proposed thereto:                         Pages S1792–S1800
Rejected:
By 48 yeas to 52 nays (Vote No. 137), Kennedy
Amendment No. 1401, to prohibit paycheck protec-
tion program loans and second draw loans for appli-
cants convicted of a felony in relation to a riot or
civil disorder during the 2-year period preceding the
date of the application.                                   Pages S1795–96
By 48 yeas to 52 nays (Vote No. 138), Rubio
Amendment No. 1405, to establish appropriate limi-
tations on the Administrator of the Small Business
Administration establishing new priorities for proc-
essing lender applications.                                     Page S1796
During consideration of this measure today, Senate
also took the following action:
By 64 yeas to 36 nays (Vote No. 139), three-fifths
of those Senators duly chosen and sworn, having
voted in the affirmative, Senate agreed to the motion
to waive section 4(g)(3) of the Statutory Pay-As-
You-Go Act of 2010, and all applicable sections of
that Act and other budget related Acts and applica-
ble budget resolutions, with respect to the bill. Sub-
sequently, the point of order that the bill was in vio-
lation of section 404(a) of the Statutory Pay-As-You-
Go provision in S. Con. Res. 13, was not sustained,
and thus the point of order fell.                         Page S1797
Medicare Sequester Act: By 90 yeas to 2 nays
(Vote No. 142), Senate passed H.R. 1868, to prevent
across-the-board direct spending cuts, 60 Senators
having voted in the affirmative, and after taking ac-
tion on the following amendments proposed thereto:
Adopted:
Shaheen/Collins Amendment No. 1410, in the na-
ture of a substitute.                                           Pages S1801–04
Rejected:
By 47 yeas to 50 nays (Vote No. 141), Scott (FL)
Amendment No. 1411 (to 1410), of a perfecting na-
ture.                                                                           Pages S1802–03
National Native Plant Month: Committee on
the Judiciary was discharged from further consider-
ation of S. Res. 109, designating April 2021 as ‘‘Na-
tional Native Plant Month’’, and the resolution was
then agreed to.                                                            Page S1845
Remembering the 5th Anniversary of the Ter-
rorist Attacks at Brussels Airport and the
Maalbeek Metro Station: Committee on Foreign Re-
lations was discharged from further consideration of
S. Res. 130, remembering the 5th anniversary of the
terrorist attacks at Brussels Airport and the
Maalbeek metro station in Belgium and honoring
the victims of the terrorist attacks, and the resolu-
tion was then agreed to.                                         Page S1845
National Poison Prevention Week: Senate agreed
to S. Res. 144, recognizing the week of March 21
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CONGRESSIONAL RECORD — DAILY DIGEST
D305
March 25, 2021
through March 27, 2021, as ‘‘National Poison Pre-
vention Week’’ and encouraging communities across
the United States to raise awareness of the dangers
of poisoning and promote poison prevention.
                                                                                            Page S1845
National Asbestos Awareness Week: Senate
agreed to S. Res. 145, designating the first week of
April 2021 as ‘‘National Asbestos Awareness Week’’.
                                                                                    Pages S1845–46
Independence of Greece 200th Anniversary: Sen-
ate agreed to S. Res. 34, recognizing the 200th anni-
versary of the independence of Greece and cele-
brating democracy in Greece and the United States.
                                                                                            Page S1846
Measures Considered:
COVID–19 Hate Crimes Act—Cloture: Senate
began consideration of the motion to proceed to con-
sideration of S. 937, to facilitate the expedited re-
view of COVID–19 hate crimes.                Pages S1804–05
A motion was entered to close further debate on
the motion to proceed to consideration of the bill,
and, in accordance with the provisions of Rule XXII
of the Standing Rules of the Senate, a vote on clo-
ture will occur upon disposition of the nomination
of Brenda Mallory, of Maryland, to be a Member of
the Council on Environmental Quality.         Page S1804
Prior to the consideration of the motion to pro-
ceed, Senate took the following action:
Senate agreed to the motion to proceed to Legisla-
tive Session.                                                                   Page S1804
Appointments:
Migratory Bird Conservation Commission: The
Chair announced, on behalf of the Republican Lead-
er, pursuant to Public Law 70–770, the appointment
of the following individual to the Migratory Bird
Conservation Commission: Senator Boozman.
                                                                                            Page S1846
Advisory Committee on the Records of Congress:
The Chair announced, on behalf of the Republican
Leader, pursuant to Public Law 101–509, the re-
appointment of the following individual to serve as
a member of the Advisory Committee on the
Records of Congress: Deborah Skaggs of Kentucky.
                                                                                            Page S1846
Commission on Security and Cooperation in Eu-
rope (Helsinki): The Chair, on behalf of the Vice
President, pursuant to Public Law 94–304, as
amended by Public law 99–7, appointed the fol-
lowing Senators as members of the Commission on
Security and Cooperation in Europe (Helsinki) dur-
ing the 117th Congress: Senators Wicker, Boozman,
Rubio, and Tillis.                                                       Page S1846
Senate National Security Working Group: The
Chair, on behalf of the Majority Leader, pursuant to
the provisions of S. Res. 64, adopted March 5, 2013,
appointed the following Senators as members of the
Senate National Security Working Group for the
117th Congress: Senators Feinstein (Administrative
Co-Chair), Reed (Co-Chair), Menendez (Co-Chair),
Durbin (Co-Chair), Cardin, Casey, Duckworth, Has-
san, Sinema, and Warnock.                           Pages S1846–47
Pro Forma Sessions—Agreement: A unanimous-
consent agreement was reached providing that the
Senate adjourn, to then convene for pro forma ses-
sions only, with no business being conducted on the
following dates and times, and that following each
pro forma session, the Senate adjourn until the next
pro forma session: Monday, March 29, 2021, at 11
a.m.; Thursday, April 1, 2021, at 10 a.m.; Monday,
April 5, 2021 at 2 p.m.; Thursday, April 8, 2021,
at 5:30 p.m.; and that when the Senate adjourns on
Thursday, April 8, 2021, it next convene at 3 p.m.,
on Monday, April 12, 2021.                                Page S1849
Trottenberg Nomination—Cloture: Senate began
consideration of the nomination of Polly Ellen
Trottenberg, of New York, to be Deputy Secretary
of Transportation.                                                      Page S1804
A motion was entered to close further debate on
the nomination, and, in accordance with the provi-
sions of Rule XXII of the Standing Rules of the
Senate, and pursuant to the unanimous-consent
agreement of Thursday, March 25, 2021, a vote on
cloture will occur at 5:30 p.m., on Monday, April
12, 2021.                                                                        Page S1804
Prior to the consideration of this nomination, Sen-
ate took the following action:
Senate agreed to the motion to proceed to Execu-
tive Session to consider the nomination.        Page S1804
A unanimous-consent agreement was reached pro-
viding that Senate resume consideration of the nomi-
nation at approximately 3 p.m., on Monday, April
12, 2021; and that the motions to invoke cloture
filed during the session of Thursday, March 25,
2021 ripen at 5:30 p.m. on Monday, April 12,
2021.                                                                                Page S1849
Sherman Nomination—Cloture: Senate began con-
sideration of the nomination of Wendy Ruth Sher-
man, of Maryland, to be Deputy Secretary of State.
                                                                                            Page S1804
A motion was entered to close further debate on
the nomination, and, in accordance with the provi-
sions of Rule XXII of the Standing Rules of the
Senate, a vote on cloture will occur upon disposition
of the nomination of Polly Ellen Trottenberg, of
New York, to be Deputy Secretary of Transpor-
tation.                                                                               Page S1804
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CONGRESSIONAL RECORD — DAILY DIGEST
D306
March 25, 2021
Prior to the consideration of this nomination, Sen-
ate took the following action:
Senate agreed to the motion to proceed to Legisla-
tive Session.                                                                   Page S1804
Senate agreed to the motion to proceed to Execu-
tive Session to consider the nomination.        Page S1804
Gensler Nomination—Cloture: Senate began con-
sideration of the nomination of Gary Gensler, of
Maryland, to be a Member of the Securities and Ex-
change Commission.                                                 Page S1804
A motion was entered to close further debate on
the nomination, and, in accordance with the provi-
sions of Rule XXII of the Standing Rules of the
Senate, a vote on cloture will occur upon disposition
of the nomination of Wendy Ruth Sherman, of
Maryland, to be Deputy Secretary of State.
                                                                                            Page S1804
Prior to the consideration of this nomination, Sen-
ate took the following action:
Senate agreed to the motion to proceed to Legisla-
tive Session.                                                                   Page S1804
Senate agreed to the motion to proceed to Execu-
tive Session to consider the nomination.        Page S1804
Mallory Nomination—Cloture: Senate began con-
sideration of the nomination of Brenda Mallory, of
Maryland, to be a Member of the Council on Envi-
ronmental Quality.                                                    Page S1804
A motion was entered to close further debate on
the nomination, and, in accordance with the provi-
sions of Rule XXII of the Standing Rules of the
Senate, a vote on cloture will occur upon disposition
of the nomination of Gary Gensler, of Maryland, to
be a Member of the Securities and Exchange Com-
mission.                                                                           Page S1804
Prior to the consideration of this nomination, Sen-
ate took the following action:
Senate agreed to the motion to proceed to Legisla-
tive Session.                                                                   Page S1804
Senate agreed to the motion to proceed to Execu-
tive Session to consider the nomination.        Page S1804
Nominations Confirmed: Senate confirmed the fol-
lowing nominations:
Adewale O. Adeyemo, of California, to be Deputy
Secretary of the Treasury.                               Pages S1839–40
11 Marine Corps nominations in the rank of gen-
eral.
36 Navy nominations in the rank of admiral.
4 Space Force nominations in the rank of general.
Routine lists in the Air Force, Army, Coast
Guard, Marine Corps, Navy, and Space Force.
                                                                                    Pages S1847–49
Nominations Received: Senate received the fol-
lowing nominations:
Adrianne Todman, of the Virgin Islands, to be
Deputy Secretary of Housing and Urban Develop-
ment.
Dawn Myers O’Connell, of the District of Colum-
bia, to be Assistant Secretary for Preparedness and
Response, Department of Health and Human Serv-
ices.                                                                                   Page S1849
Nomination Withdrawn: Senate received notifica-
tion of withdrawal of the following nomination:
Neera Tanden, of Massachusetts, to be Director of
the Office of Management and Budget, which was
sent to the Senate on January 20, 2021.        Page S1850
Measures Placed on the Calendar:               Page S1812
Executive Communications:                             Page S1812
Executive Reports of Committees:       Pages S1812–13
Notice of a Tie Vote Under S. Res. 27:   Page S1806
Additional Cosponsors:                               Pages S1817–19
Statements on Introduced Bills/Resolutions:
                                                                                    Pages S1819–38
Additional Statements:                                Pages S1810–12
Amendments Submitted:                           Pages S1838–39
Authorities for Committees to Meet:         Page S1839
Record Votes: Six record votes were taken today.
(Total—142)                                      Pages S1796–97, S1800–04
Adjournment: Senate convened at 10 a.m. and ad-
journed at 5:30 p.m., until 11 a.m. on Monday,
March 29, 2021. (For Senate’s program, see the re-
marks of the Majority Leader in today’s Record on
page S1849.)
Committee Meetings
(Committees not listed did not meet)
CHILD NUTRITION REAUTHORIZATION
Committee on Agriculture, Nutrition, and Forestry: Com-
mittee concluded a hearing to examine Child Nutri-
tion Reauthorization, focusing on healthy meals and
healthy futures, after receiving testimony from Diane
Golzynski, Michigan Department of Education Of-
fice of Health and Nutrition Services, Lansing; Heidi
M. Hoffman, Colorado Department of Public Health
and Environment Colorado State WIC, Denver; Jes-
sica Gould, Littleton Public Schools, Littleton, Colo-
rado; Lee Savio Beers, American Academy of Pediat-
rics, Washington, D.C.; Reynaldo Green, Quality
Care for Children, Atlanta, Georgia; and Carlos
Rodriguez, Community FoodBank of New Jersey,
Hillside.
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CONGRESSIONAL RECORD — DAILY DIGEST
D307
March 25, 2021
DEFENSE AUTHORIZATION REQUEST AND
FUTURE YEARS DEFENSE PROGRAM
Committee on Armed Services: Committee concluded
open and closed sessions to examine United States
Special Operations Command and United States
Cyber Command in review of the Defense Authoriza-
tion Request for fiscal year 2022 and the Future
Years Defense Program, after receiving testimony
from Christopher P. Maier, Acting Assistant Sec-
retary for Special Operations and Low-Intensity Con-
flict, General Richard D. Clarke, USA, Commander,
United States Special Operations Command, and
General Paul M. Nakasone, USA, Commander,
United States Cyber Command, Director, National
Security Agency, Chief, Central Security Service, all
of the Department of Defense.
AMERICAN RESCUE PLAN
Committee on Banking, Housing, and Urban Affairs:
Committee concluded a hearing to examine the
American Rescue Plan, focusing on shots in arms
and money in pockets, after receiving testimony
from Amy K. Matsui, National Women’s Law Cen-
ter, Sharon Parrott, Center for Budget and Policy
Priorities, and Angela Rachidi, American Enterprise
Institute, all of Washington, D.C.; and Rory Cooper,
Falls Church, Virginia.
TAX CODE
Committee on the Budget: Committee concluded a hear-
ing to examine the tax code, focusing on making the
wealthiest people and largest corporations pay their
fair share of taxes, after receiving testimony from
Abigail E. Disney, Fork Films, New York, New
York; Gabriel Zucman, University of California,
Berkeley; and Amy Hanauer, Institute of Taxation
and Economic Policy, Maya MacGuineas, Committee
for a Responsible Federal Budget, and Scott A.
Hodge, Tax Foundation, all of Washington, D.C.
NUCLEAR ENERGY
Committee on Energy and Natural Resources: Committee
concluded a hearing to examine the latest develop-
ments in the nuclear energy sector, focusing on ways
to maintain and expand the use of nuclear energy in
the United States and abroad, after receiving testi-
mony from Jeffery J. Lyash, President and Chief Ex-
ecutive Officer, Tennessee Valley Authority, Knox-
ville; Chris Levesque, TerraPower, Bellevue, Wash-
ington; Scott Melbye, Uranium Energy Corporation,
Castle Rock, Colorado, on behalf of the Uranium
Producers of America; Amy C. Roma, Atlantic
Council’s Nuclear Energy and National Security Coa-
lition, Washington, D.C.; and J. Clay Sell, X-en-
ergy, Rockville, Maryland.
INTERNATIONAL TAX POLICY
Committee on Finance: Committee concluded a hearing
to examine how U.S. international tax policy impacts
American workers, jobs, and investment, after receiv-
ing testimony from Kimberly A. Clausing, Deputy
Assistant Secretary for Tax Analysis, and Pamela F.
Olson, former Assistant Secretary for Tax Policy,
both of the Department of the Treasury; Chye-Ching
Huang, New York University School of Law The
Tax Law Center, New York, New York; and James
R. Hines, Jr., University of Michigan, Ann Arbor.
COUP IN BURMA
Committee on Foreign Relations: Subcommittee on East
Asia, the Pacific, and International Cybersecurity
Policy concluded a hearing to examine the U.S. re-
sponse to the coup in Burma, after receiving testi-
mony from former Representative Tom Andrews,
United Nations Special Rapporteur on the situation
of human rights in Myanmar, Fairfax, Virginia; Atul
Keshap, Principal Deputy Assistant Secretary for
East Asian and Pacific Affairs, and Scott Busby, Act-
ing Principal Deputy Assistant Secretary for Democ-
racy, Human Rights, and Labor, both of the Depart-
ment of State; and Kelley Currie, former United
States Ambassador-at-Large for Global Women’s
Issues, Washington, D.C.
NOMINATION
Committee on Homeland Security and Governmental Af-
fairs: Committee concluded a hearing to examine the
nomination of Deanne Bennett Criswell, of New
York, to be Administrator of the Federal Emergency
Management Agency, Department of Homeland Se-
curity, after the nominee, who was introduced by
Senator Gillibrand, testified and answered questions
in her own behalf.
COVID–19 RESPONSE
Committee on Health, Education, Labor, and Pensions:
Committee concluded a hearing to examine our
COVID–19 response, focusing on improving health
equity and outcomes by addressing health dispari-
ties, after receiving testimony from Consuelo H.
Wilkins, Vanderbilt University Medical Center,
Nashville, Tennessee; Abigail Echo-Hawk, Seattle
Indian Health Board, Seattle, Washington; Taryn
Mackenzie Williams, Center for American Progress,
Washington, D.C.; and Eugene A. Woods, Atrium
Health, Charlotte, North Carolina.
BUSINESS MEETING
Committee on the Judiciary: Committee ordered favor-
ably reported the nomination of Lisa O. Monaco, of
the District of Columbia, to be Deputy Attorney
General, Department of Justice.
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CONGRESSIONAL RECORD — DAILY DIGEST
D308
March 25, 2021
House of Representatives
Chamber Action
The House was not in session today. The House is
scheduled to meet in Pro Forma session at 2 p.m.
on Friday, March 26, 2021.
Committee Meetings
A HEARING TO REVIEW THE STATE OF
BLACK FARMERS IN THE U.S.
Committee on Agriculture: Full Committee held a hear-
ing entitled ‘‘A Hearing to Review the State of
Black Farmers in the U.S.’’. Testimony was heard
from Tom Vilsack, Secretary, Department of Agri-
culture; and public witnesses.
LEADING BY ACTION: THE FIERCE
URGENCY FOR DIVERSITY AND
INCLUSION IN THE FOREIGN POLICY
WORKFORCE
Committee on Appropriations: Subcommittee on State,
Foreign Operations, and Related Programs held a
hearing entitled ‘‘Leading by Action: The Fierce Ur-
gency for Diversity and Inclusion in the Foreign Pol-
icy Workforce’’. Testimony was heard from public
witnesses.
THE EFFECTS OF COVID–19 ON ARTS AND
HUMANITIES ORGANIZATIONS
Committee on Appropriations: Subcommittee on Inte-
rior, Environment, and Related Agencies held a
hearing entitled ‘‘The Effects of COVID–19 on Arts
and Humanities Organizations’’. Testimony was
heard from public witnesses.
CREATING EQUITABLE COMMUNITIES
THROUGH TRANSPORTATION AND
HOUSING
Committee on Appropriations: Subcommittee on Trans-
portation, and Housing and Urban Development,
and Related Agencies held a hearing entitled ‘‘Cre-
ating Equitable Communities Through Transpor-
tation and Housing’’. Testimony was heard from
Dorval R. Carter, President, Chicago Transit Author-
ity, Illinois; and public witnesses.
LESSONS LEARNED: CHARTING THE PATH
TO EDUCATIONAL EQUITY POST-
COVID–19
Committee on Education and Labor: Subcommittee on
Early Childhood, Elementary, and Secondary Edu-
cation held a hearing entitled ‘‘Lessons Learned:
Charting the Path to Educational Equity Post-
COVID–19’’. Testimony was heard from Alberto M.
Carvalho, Superintendent of Schools, Miami-Dade
County Public Schools, Florida; and public wit-
nesses.
DISINFORMATION NATION: SOCIAL
MEDIA’S ROLE IN PROMOTING EXTREMISM
AND MISINFORMATION
Committee on Energy and Commerce: Subcommittee on
Communications and Technology; and Subcommittee
on Consumer Protection and Commerce held a joint
hearing entitled ‘‘Disinformation Nation: Social Me-
dia’s Role in Promoting Extremism and Misinforma-
tion’’. Testimony was heard from public witnesses.
ENDING EXPLOITATION: HOW THE
FINANCIAL SYSTEM CAN WORK TO
DISMANTLE THE BUSINESS OF HUMAN
TRAFFICKING
Committee on Financial Services: Subcommittee on Na-
tional Security, International Development, and
Monetary Policy held a hearing entitled ‘‘Ending Ex-
ploitation: How the Financial System Can Work to
Dismantle the Business of Human Trafficking’’. Tes-
timony was heard from public witnesses.
MISCELLANEOUS MEASURES
Committee on Foreign Affairs: Full Committee held a
markup on H.R. 391, the ‘‘Global Health Security
Act of 2021’’; H.R. 1079, the ‘‘Desert Locust Con-
trol Act’’; H.R. 1145, to direct the Secretary of State
to develop a strategy to regain observer status for
Taiwan in the World Health Organization, and for
other purposes; H.R. 1500, to direct the Adminis-
trator of the USAID to submit to Congress a report
on the impact of the COVID–19 pandemic on glob-
al basic education programs; H.R. 1158, to provide
women and girls safe access to sanitation facilities in
refugee camps; H.R. 1083, the ‘‘Southeast Asia
Strategy Act’’; H.R. 1392, the ‘‘Protection of Saudi
Dissidents
Act
of
2021’’;
H.R.
1464,
the
‘‘Khashoggi Accountability Act’’; H.R. 256, to re-
peal the Authorization for Use of Military Force
Against Iraq Resolution of 2002; H.R. 2118, the
‘‘Securing America From Epidemics Act’’; H. Res.
245, calling for renewed, decisive, and robust inter-
national collaboration and coordination to fight
COVID–19 across Africa; and H.R. 1934, the ‘‘Pro-
moting United States International Leadership in 5G
Act’’. H.R. 391 and H.R. 1464 were ordered re-
ported, as amended. H.R. 1145, H.R. 1500, H.R.
1158, H.R. 1083, H. Res. 245, H.R. 1079, H.R.
1934, H.R. 1392, H.R. 2118, and H.R. 256 were
ordered reported, without amendment.
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CONGRESSIONAL RECORD — DAILY DIGEST
D309
March 25, 2021
THE IMPORTANCE OF A DIVERSE FEDERAL
JUDICIARY
Committee on the Judiciary: Subcommittee on Courts,
Intellectual Property, and the Internet held a hearing
entitled ‘‘The Importance of a Diverse Federal Judi-
ciary’’. Testimony was heard from Frank J. Bailey,
Bankruptcy Judge, U.S. Bankruptcy Court, District
of Massachusetts; Edward M. Chen, District Judge,
U.S. District Court, Northern District of California;
Bernice B. Donald, Circuit Judge, U.S. Court of Ap-
peals for the Sixth Circuit; James C. Ho, Circuit
Judge, U.S. Court of Appeals for the Fifth Circuit;
Peter N. Kirsanow, Commissioner, U.S. Commission
on Civil Rights; Carlton W. Reeves, District Judge,
U.S. District Court, Southern District of Mississippi;
and public witnesses.
ROOTING OUT FRAUD IN SMALL BUSINESS
RELIEF PROGRAMS
Committee on Oversight and Reform: Select Sub-
committee on the Coronavirus Crisis held a hearing
entitled ‘‘Rooting Out Fraud in Small Business Re-
lief Programs’’. Testimony was heard from Michael
E. Horowitz, Chair, Pandemic Response Account-
ability Committee, Inspector General, Department of
Justice; William B. Shear, Director, Financial Mar-
kets and Community Investment, Government Ac-
countability Office; and Hannibal Ware, Inspector
General, Small Business Administration.
BUILDING TECHNOLOGIES RESEARCH FOR
A SUSTAINABLE FUTURE
Committee on Science, Space, and Technology: Sub-
committee on Energy held a hearing entitled ‘‘Build-
ing Technologies Research for a Sustainable Future’’.
Testimony was heard from Roderick Jackson, Labora-
tory Program Manager for Buildings Research at Na-
tional Renewable Energy Laboratory, Department of
Energy; and public witnesses.
THE ADMINISTRATION’S PRIORITIES FOR
TRANSPORTATION INFRASTRUCTURE
Committee on Transportation and Infrastructure: Full
Committee held a hearing entitled ‘‘The Administra-
tion’s Priorities for Transportation Infrastructure’’.
Testimony was heard from Pete Buttigieg, Secretary,
Department of Transportation.
RESTORING FAITH BY BUILDING TRUST:
VA’S FIRST 100 DAYS
Committee on Veterans’ Affairs: Full Committee held a
hearing entitled ‘‘Restoring Faith by Building Trust:
VA’s First 100 Days’’. Testimony was heard from
Denis R. McDonough, Secretary, Department of Vet-
erans Affairs.
EXAMINING PRIVATE EQUITY’S
EXPANDED ROLE IN THE U.S. HEALTH
CARE SYSTEM
Committee on Ways and Means: Subcommittee on
Oversight held a hearing entitled ‘‘Examining Pri-
vate Equity’s Expanded Role in the U.S. Health Care
System’’. Testimony was heard from public wit-
nesses.
Joint Meetings
No joint committee meetings were held.
f
NEW PUBLIC LAWS
(For last listing of Public Laws, see DAILY DIGEST, p. D289)
H.R. 1276, to authorize the Secretary of Veterans
Affairs to furnish COVID–19 vaccines to certain in-
dividuals. Signed on March 24, 2021. (Public Law
117–4)
f
COMMITTEE MEETINGS FOR FRIDAY,
MARCH 26, 2021
(Committee meetings are open unless otherwise indicated)
Senate
No meetings/hearings scheduled.
House
Committee on Armed Services, Subcommittee on Intel-
ligence and Special Operations, hearing entitled ‘‘SOF
Culture and Climate: The Future of the Force’’, 11 a.m.,
Webex.
Subcommittee on Readiness, hearing entitled ‘‘Installa-
tion Resiliency: Lessons Learned from Winter Storm Uri
and Beyond’’, 3 p.m., Webex.
Committee on Foreign Affairs, Full Committee, hearing
entitled ‘‘Member Day Hearing’’, 3 p.m., Webex.
Committee on the Judiciary, Subcommittee on Crime,
Terrorism, and Homeland Security, hearing entitled
‘‘From Miranda to Gideon: A Call for Pretrial Reform’’,
11 a.m., Webex.
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CONGRESSIONAL RECORD — DAILY DIGEST
Congressional Record
The Congressional Record (USPS 087–390). The Periodicals postage
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of Congress, as reported by the Official Reporters thereof, are
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D310
March 25, 2021
Next Meeting of the SENATE
11 a.m., Monday, March 29
Senate Chamber
Program for Monday: Senate will meet in a pro forma
session.
Next Meeting of the HOUSE OF REPRESENTATIVES
2 p.m., Friday, March 26
House Chamber
Program for Friday: House will meet in Pro Forma ses-
sion at 2 p.m.
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