Raising the Minimum Wage (Cong. Rec., March 1, 2021)

Summary

This is S912 of the Congressional Record, Senate, March 1, 2021. The Senate proceeds to executive session to resume consideration of the nomination of Miguel A. Cardona, of Connecticut, to be Secretary of Education. Under the heading Raising the Minimum Wage, Mr. Durbin criticizes Republican resistance to the American Rescue Plan and compares it with earlier votes for COVID relief and for a $1.9 trillion tax bill in 2017. He says the Senate Parliamentarian ruled that a Federal minimum wage increase cannot be part of the reconciliation bill under the Byrd rules, and that it has been twelve years since the wage was last raised. The views are attributed to the speaker.

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“Raising the Minimum Wage (Cong. Rec., March 1, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-01-crec-2021-03-01-pt1-pgs912-2-196d5a6422/, SHA-256 538caabf7badc90ec8ca7e2626831d6b6d40f62dc45dd156c7e44f6b6c7c6ba1.

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S912 CONGRESSIONAL RECORD — SENATE March 1, 2021
EXECUTIVE SESSION no questions asked. We were still in the licans. It turns out the only people in
midst of a pandemic. The economy was America who are against this approach
flat on its back. I didn’t care that Don- of taking this pandemic seriously are
EXECUTIVE CALENDAR ald Trump was still President; there the Republicans in the House of Rep-
The PRESIDING OFFICER. Under was work to be done for America. Nine- resentatives and apparently in the Sen-
the previous order, the Senate will pro- ty-two Senators voted for that; 96 in ate.
ceed to executive session to resume March, 92 in December under President Every day this Senate delays passing
consideration of the following nomina- Trump. the Biden American Rescue Plan, more
tion, which the clerk will report. Well, how many Republican Senators small businesses close their doors,
The bill clerk read the nomination of are now stepping up to help us with the workers lose their jobs, parents turn to
Miguel A. Cardona, of Connecticut, to American Rescue Plan that President food banks and soup kitchens to feed
be Secretary of Education. Biden has proposed? I am still waiting. their families, and more and more fam-
The PRESIDING OFFICER. The None so far. Now it has become a par- ilies face homelessness.
Democratic whip. tisan exercise to talk about dealing One provision that was included in
RAISING THE MINIMUM WAGE with the real pandemic and economic the House version of the American Res-
Mr. DURBIN. Madam President, back crisis of this country. cue Plan will not be part of the Senate
in 2017, before anyone had ever heard of What is going on in this Chamber? plan, and that is the gradual increase
COVID–19, our Republican colleagues Have we decided now, since we have a in the Federal minimum wage.
could hardly vote fast enough for a $1.9 new President of a different political Now, I understand. The rules in the
trillion tax bill. Most of the benefits of faith, that the other side cannot sup- Senate, particularly when it comes to
that bill went to the wealthiest people port efforts to increase the amount of reconciliation, as conceived by the late
in America—$1.9 trillion in tax cuts, money for vaccines and distribution Robert C. Byrd, are almost impossible
most of it to the ultrawealthy and across America, to send a cash pay- to understand and defend. I get it. I am
large corporations. And of course there ment to families who are struggling to not blaming any one person for that.
was little talk about the deficit and get by, to give unemployment benefits That is a reality, and I have been here
the debt when that was going on. to millions of Americans when those for a while, and I have seen it. So cur-
Now we are in the midst of a pan- benefits are scheduled to run out in rently we cannot offer the Federal min-
demic, and COVID–19 has killed more just 2 weeks? imum wage under the so-called rec-
than half a million Americans. Ameri- All we hear from the other side is: onciliation bill because of the Byrd
cans are hurting. Our economy is hurt- You know, we may be overspending rules.
ing. Millions are unemployed. And our here. We should have thought of this Our Senate Parliamentarian ruled
friends across the aisle are asking how before. last week that passing a Federal min-
little we can get away with doing at Yes, you should have, and you didn’t imum wage increase as part of the res-
this moment in time. They want to under a Republican President. Now it cue plan is not permitted under those
know how much we can cut from Presi- has become an issue. rules. I respect the Parliamentarian’s
dent Joseph Biden’s American Rescue A year ago, at the beginning of the judgment. I may disagree and I may be
Plan. Can we cut money to open pandemic, 96 to zero for a $2 trillion disappointed, but I respect her judg-
schools? Can’t we just wait? Let’s just COVID relief plan. Maybe if we had had ment. Our Republican friends should
an administration that wisely managed know this, however: Senate Democrats
wait and see what happens. That is
the COVID response, we wouldn’t have aren’t going to give up on raising the
their question. How about cutting
been in that mess. Maybe if we had had minimum wage. The issue is not going
funds to help keep families from losing
a President who for the first year of away.
their homes? How about cutting the Do you know how long it has been
funds for vaccination sites? How low this coronavirus wasn’t making up sto-
since we raised the minimum wage in
can we go? ries that it is going to go away; it will
America? Twelve years. Twelve years.
One point nine trillion dollars in tax disappear by Easter; it won’t be a prob- The Presiding Officer knows that. That
cuts for millionaires and billionaires— lem if everybody would just take a shot is the last time we increased the Fed-
no problem. A President who denies the of Lysol; a new chemical I have discov- eral minimum wage.
truth about a pandemic as it rages ered some of my friends are taking and Twenty-nine States have done some-
across America—no problem. But when all the rest—remember that? Remem- thing about it, but 21 have not, and we
Americans elect a new President with a ber those press conferences? And what don’t have a change in the Federal law.
mandate and a plan to finally break was going on while the last President That is the longest that our Nation has
the back of this pandemic, get our was ignoring the reality of that ever gone without raising the min-
economy back on its feet, get our kids COVID–19 pandemic? America was get- imum wage since Congress created that
back in schools, and actually help ting sick, and Americans were dying. wage in 1938.
American families, suddenly a lot of We have 5 percent of the world’s pop- During this pandemic, billionaires—
folks on the other side of the aisle have ulation and 20 percent of the COVID–19 people like Jeff Bezos, Elon Musk, Bill
lost interest. deaths. What is going on here in a Gates, Mark Zuckerberg—they have
Do you remember last year? I do. We great nation like America? Well, for a done pretty well. They have seen their
discovered this COVID–19 and started year, we didn’t get it together because net worth increase by billions, even
to worry about it, as we should. In we didn’t have a President who accept- tens of billions of dollars. How about
March of last year, we passed a bill ed reality. Now we have a President middle-class families? What do they
that cost almost $2 trillion—the larg- who accepts reality and wants to do see? They see their savings dwindle,
est spending bill in the history of the something about it. He was elected to and they find it almost impossible to
United States—under President Trump, lead, and he wants to lead. make ends meet.
and it got 96 votes in the Senate—96 Where is the Republican support? Fortunately, as I said, many States
votes. Every Democrat and every Re- Democrats were there for the Trump are acting. Washington is not. In 29
publican Senator who voted, voted for plan; Republicans aren’t there for the States, including Illinois, the State
it, and I was one of them. Did I stop Biden plan. We wasted time and re- minimum wage is higher than the Fed-
and say: Wait a minute; President sources, but now President Biden eral minimum wage. The Federal min-
Trump may get credit for this. No. We wants to turn it around. imum wage is $7.25 an hour. In Illinois,
had an American crisis, a challenge, The American Rescue Plan, proposed our State minimum wage is set to
and we needed to respond to it. by President Biden and passed by the reach $15 an hour by 2025, just like the

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And then what happened in December House of Representatives last week Biden plan. Most States that have in-
of last year, while President Trump without a single Republican vote, no creased their minimum wage have done
was still in office? The second COVID– Republican support for it, has the sup- so because their State legislatures
19 rescue plan came through, some $900 port of 80 percent of the American peo- have come to the rescue. Some States,
billion. I was one of those who were ple—overwhelming majority of Demo- like Missouri and Arkansas, raised the
part of drawing it up, and I voted for it, crats and Independents, even Repub- minimum wage by ballot measures.

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March 1, 2021 CONGRESSIONAL RECORD — SENATE S913
Americans support raising the min- er. Nobody has said it better. Nobody side over this historic trial fell to me,
imum wage. could. But in the meantime, we have to as it would have anybody who would
I see Senator LEAHY from Vermont get up and vote. have been President pro tempore. I just
has come to the floor. Remember when Madam President, I am going to put happened to be.
we used to have a colleague back there in a quorum call for just a minute, and I was not going to shirk my duty. My
in the back row who would stand up then I will take it off. staff and I spent hundreds of hours
and bellow about the minimum wage? I suggest the absence of a quorum. poring over the constitutional back-
His name was Ted Kennedy from Mas- The PRESIDING OFFICER. The ground of these trials. I read tran-
sachusetts. He didn’t let a month go by clerk will call the roll. scripts. I read everything. And what I
or 2 months go by without reminding The bill clerk proceeded to call the found is, throughout our Nation’s his-
us that a lot of people were struggling roll. tory, each President pro tempore has
to get by in this country and we sit Mr. LEAHY. Madam President, I ask almost without exception belonged to a
here in Washington ignoring it, and unanimous consent that the order for political party, and each has no doubt
that is why he would push for an in- the quorum call be rescinded. had their own personal and political
crease in the minimum wage. The PRESIDING OFFICER (Ms. views on the matters before the Sen-
We are told that $15 an hour is exor- DUCKWORTH). Without objection, it is ate. But when presiding over the Sen-
bitant by some and that it is going to so ordered. ate, as I go back through history, I see
hurt the economy. The truth is just the IMPEACHMENT Presidents pro tempore have histori-
opposite. Raising the Federal min- Mr. LEAHY. Madam President, ear- cally served as a neutral arbiter,
imum wage gradually to $15 an hour lier this month, actually for the first issuing rulings where appropriate and
will strengthen the American economy time in—earlier last month, I should preserving order. I consider holding the
because minimum wage workers are say, in February, for the first time in Office of the President pro tempore and
most likely to spend the money they our Nation’s history, the Senate con- the responsibilities that come with it
get on the necessities of life as soon as vened as a Court of Impeachment to as one of the highest honors but also
they get it—food, clothing, housing. try a former President for a high crime one of the most serious responsibilities
Last week, one of our Republican col- and misdemeanor. of my career here in the Senate.
leagues gave a speech and said that he For 5 days, every Member of the Sen- When presiding over an impeachment
worked for $6 an hour when he was a ate was here to hear presentations and trial, the President pro tempore takes
kid and he is opposed to the $15-an- arguments from an extraordinarily in- an additional—not just his regular role
hour minimum wage. Well, if you took telligent group of Congressmen and but an additional one to do impartial
that six bucks an hour and just Congresswomen representing the House justice according to the Constitution
matched it with inflation, it would be of Representatives. We also heard from and the laws. This is an oath that I
up over $15 an hour today. Reminiscing counsel for former President Donald take extraordinarily seriously.
about the ‘‘good old days’’ of $6 an hour Trump. After listening to the compel- In fact, to demonstrate my commit-
is only done by people who don’t have ling evidence presented by the House ment to preside over the trial with
to live on $6 an hour. managers, I voted to convict President fairness and transparency, before the
Contrary to popular misconceptions, Trump for inciting the Capitol riots on trial I wrote a letter to every single
most minimum wage workers are not January 6, and I will have a lot more to Senator and the parties to the trial. In
teenagers. According to the Economic say about my vote to convict the it I made clear my intention and my
Policy Institute, 59 percent of workers former President in a later statement. solemn obligation was to conduct the
who would benefit from the Federal Today, though, I am going to speak trial with fairness to all. I committed
minimum wage are women—women. about the unique role I had in this his- to adhering to the Constitution and to
They are taking a beating in this pan- toric trial as its Presiding Officer. It is applicable Senate rules, precedents,
demic. They stay at home to watch the unique in the history of the Senate, and governing resolutions.
kids who can’t go to school, trying to and I thought for my fellow Senators I committed to consulting with the
deal with daycare that has closed and, also, for historical purposes I Senate’s esteemed and nonpartisan
down, losing their own jobs—that is the would like you all to know some of my Parliamentarian, Elizabeth
reality. feelings. MacDonough, and I committed to being
Many mothers—two-thirds of them Now, I understand why some of my guided by Senate precedent should a
are the sole or primary breadwinners in Republican friends were skeptical of a motion or an objection or a request or
their family and count on the min- Democratic Senator presiding over the an application be put before me. I reit-
imum wage. Nearly one in four workers trial of a Republican former President. erated that any decision I made—any
who would receive a raise under the $15 I noted the Constitution does not con- decision I made—from the Chair would
Federal minimum wage is a Black or template that the Chief Justice would be subject to the review of the full Sen-
Latina woman. preside over the impeachment trial of a ate—every Democratic Senator, every
During this pandemic, America has former President, but I also note the Republican Senator, every Independent
relied on minimum wage workers to do impeachment process, no matter who Senator. And I stated I would put any
the hard work and dangerous work in presides, is inherently and often in- matter before the entire Senate in the
the pandemic. Do you want to know tensely divisive. Presidential impeach- first instance where appropriate in
the real pandemic heroes? Do you want ments have historically been partisan. light of the precedents and practices of
to reduce poverty and raise oppor- Having a member of one particular the Senate, giving all Senators an
tunity in America? Pay workers a liv- party in the Chair presiding over the equal say in resolving the issue at the
ing wage. Allow workers to share the trial could understandably give some outset. I also informed all Senators,
economic prosperity they are creating pause. though, that I would enforce the Sen-
with their dedication and labor. Now, as my fellow Senators know, I ate rules, and I would enforce the
At this moment, we may not have a did not ask, I did not seek to preside precedent governing decorum and do
path, but I hope we can find one. It is over this trial, but I am occupying the what I could to ensure the trial re-
time for us to raise the minimum wage, constitutional office of the President flected the best traditions of the Sen-
to give the American workers the real pro tempore, and because I am, it was ate.
wage they need to survive, and to show incumbent upon me to do so. A Court Now, with the trial behind us, I be-
that we really do value the dignity of of Impeachment is not a civil or a lieve I made good on those commit-
work. criminal court; it is a constitutional ments. My job wasn’t to shape the trial

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I yield the floor. court. And the President pro tempore, or to direct or slant it in any par-
The PRESIDING OFFICER. The Sen- as a constitutional officer, has histori- ticular way but to make sure the rules
ator from Vermont. cally presided over impeachment trials were followed, the proceedings were
Mr. LEAHY. Madam President, I of non-Presidents. As President fair to all parties, consistent with the
want to associate myself with the Trump’s term had expired before the will of the whole Senate, and I believe
words of the distinguished deputy lead- trial began, the responsibility to pre- it was.

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