Congressional Record, Senate — March 3, 2021, S1002
Summary
This is S1002 of the Congressional Record, Senate, March 3, 2021, with interleaved columns. The page opens with the end of a Senator's remarks, whose name is not printed in the text read, criticizing the Biden administration's border policy. Under the heading Nomination of Merrick Brian Garland, Mr. Durbin urges an immediate vote, noting that the Senate Judiciary Committee approved the nomination by a bipartisan vote of 15 to 7. Under the heading Coronavirus, he urges passage of the American Rescue Plan, which he says could produce a 4-percent growth in U.S. GDP this year, and welcomes the third vaccine, the Johnson & Johnson vaccine. The views are attributed to the speakers.
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“Congressional Record, Senate — March 3, 2021, S1002.”
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S1002 CONGRESSIONAL RECORD — SENATE March 3, 2021
simpl[e]: Joe Biden was now letting addition to his experience on the the last remaining member of Presi-
people in.’’ bench, he is a longtime veteran of the dent Biden’s national security team to
We are not just talking about the Department of Justice, where he served be chosen. It is time for him to take
fine details of border policy. The big before he ascended to the DC Circuit. this job. The Attorney General is need-
backdrop behind this whole discussion He is uniquely qualified at this mo- ed to fight the threat of domestic ter-
is the sweeping leftwing amnesty plan ment in history to lead the Depart- rorism, which the FBI Director spoke
that the Biden administration unveiled ment and to investigate and prosecute, to yesterday in the Senate Judiciary
before they were even sworn in. They for example, the January 6 insurrec- Committee, to reorganize this Depart-
want to fast-track 11 million illegal tion—the mob that invaded this Cap- ment and get it moving in the right di-
immigrants into temporary legal sta- itol Building. The reason he is quali- rection, and to face the many chal-
tus, then green cards, and then full fied is that he led the investigation and lenges when it comes to national secu-
citizenship. prosecution of the Oklahoma City rity and the administration of justice.
The far left loves this approach, but bombing. We remember that very well. We should confirm Merrick Garland
so does a certain cross section of Big That was clearly a case of domestic immediately. I sincerely hope that
Business. There is a whole lot of cul- terrorism. His work on that project whoever is holding his nomination on
tural power and economic power push- won praise from across the political the other side can be persuaded to give
ing the liberal vision. As for the best spectrum. him his chance.
interest of American workers, well, He also personally understands the f
that is not as trendy a cause in certain Department’s role in protecting civil
rights. I believe he is the person to re- CORONAVIRUS
circles.
The truth is that it is not helpful or store honor and dignity to this Depart- Mr. DURBIN. Mr. President, on a dif-
compassionate to just open up our bor- ment. He has support from every major ferent subject, I listened to the speech-
ders. It is not fair to American citizens law enforcement organization in the es of Senator SCHUMER and Senator
and workers, but neither is it fair to country, from 150 former Justice De- MCCONNELL about the American Res-
the people who are being lured into a partment officials of both parties, from cue Plan—Joe Biden’s proposal, his ini-
humanitarian crisis in the middle of a the Nation’s leading civil rights orga- tial proposal as President—to deal with
pandemic because they believe this nizations, and from many others—left, the pandemic, the state of the econ-
Democratic administration just con- right, and center. His credentials are omy, and many other aspects of Amer-
spicuously turned on a neon ‘‘Vacan- second to none, and his character—in ican culture and life that need to be ad-
cies’’ sign. particular, his selflessness—is a model dressed. Clearly, there is a difference of
Republicans just spent 4 years mak- to us all. opinion.
ing major headway on the security and When we held the markup on his I couldn’t help but think, as Senator
humanitarian crisis at our border. It nomination in the committee, the most MCCONNELL was recounting our experi-
took serious policy changes. It took significant witness may have been a ence last year, that when it came to
international diplomacy with multiple lady by the name of Mrs. Tucker. She the CARES Act a year ago—the $2 tril-
countries, and it took border enforce- testified on the second panel. She is lion plan to respond to the state of the
ment. the mother of two DC public school pandemic and the economy, the plan
The American people would be better students who were tutored and that was engineered by Treasury Sec-
served if the Biden administration had mentored by Judge Garland. After the retary Mnuchin, a member of the
chosen to build on this progress instead first child had received his helping Trump administration, who argued and
of rapidly trying to tear it down. hand for several years, the second child negotiated with Republicans and
I suggest the absence of a quorum. asked if she could be included in the Democrats alike—that, when they fi-
The ACTING PRESIDENT pro tem- next round, and then they both won the nally agreed, the vote was 96 to noth-
pore. The clerk will call the roll. help of Judge Garland. Doesn’t it speak ing in this Chamber. Every Democrat
The senior assistant legislative clerk volumes of a man who has reached that voted for the proposed CARES Act that
proceeded to call the roll. station in life that he would be so hum- was engineered by the Trump adminis-
Mr. DURBIN. Mr. President, I ask ble as to sit down and help children tration. Party was pushed aside be-
unanimous consent that the order for whom he had never met before find cause the priority was our Nation. It
the quorum call be rescinded. their way through life? It was a touch- happened again in December of last
The PRESIDING OFFICER (Mr. ing moment when she testified. It real- year. In President Trump’s administra-
HICKENLOOPER). Without objection, it is ly was an insight into his character. tion, with Treasury Secretary Mnuchin
so ordered. So you would think, with a 15-to-7 at the table and with Democrats and
f vote, you would think with all of these Republicans bargaining, the final vote
endorsements, and you would think was 92 to 6 in the Senate—not bad—and
NOMINATION OF MERRICK BRIAN that the fact of there being four mem- the 6 noes were all Republicans. Again,
GARLAND bers on the Republican Senate side of the Democrats stepped up and said: We
Mr. DURBIN. Mr. President, history the Senate Judiciary Committee be- will support this bipartisan effort be-
was made on Monday. Judge Merrick hind him that this would be a nomina- cause that is why we are here. The
Garland finally got a vote before the tion of an Attorney General so impor- American people sent us here to do a
Senate Judiciary Committee. It was a tant to this Nation that it would be job.
long time in coming. His nomination given expedited treatment on the floor Now comes the new President, Joe
was approved by a bipartisan vote of 15 of the Senate. No. Unfortunately, there Biden, who says: Good work last De-
to 7. I am not surprised. He is superbly was an objection to expediting his cember, but that was temporary, and
qualified to be the next Attorney Gen- nomination so he could get to work for that was supposed to be a special ef-
eral of the United States. the Department of Justice, and, as a fort. Now we have to finish the year.
With experience, judgment, and in- consequence, we face the Senate proce- We have some deadlines coming. Just 2
tegrity, he checks all the boxes. He dure, which means that it could be weeks from now—or in less than 2
served with distinction on the DC Cir- days, maybe even into next week, be- weeks—the unemployment insurance
cuit Court for 23 years and, in that fore he can take the job. That is unfor- programs will be running out for mil-
time, developed a reputation for fidel- tunate. We need him now more than lions of Americans, and the rental as-
ity to the rule of law, a strict adher- sistance program as well. Some will
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ever. Even Republican Leader MITCH
ence to judicial independence, and a MCCONNELL has said he would support face eviction, and some will not have
commitment to treat people with fair- him. CHUCK GRASSLEY, my friend and enough money to feed their families.
ness, dignity, and respect. It is no sur- the ranking member of the Senate Ju- So get to work. Pass the American
prise that he has been endorsed by 60 diciary Committee, voted for him. Rescue Plan on a bipartisan basis.
former Federal judges and by judges, of There is just no reason the Senate We have yet to hear from one Repub-
course, who have been appointed by should not immediately hold a vote for lican Senator who will support Presi-
Presidents of both political parties. In Merrick Garland’s nomination. He is dent Biden’s plan. Some of them have
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March 3, 2021 CONGRESSIONAL RECORD — SENATE S1003
legitimate differences with his policy, prehensive plan like the American Res- point to data showing that the school
and I wish they would come to the cue Plan could produce a 4-percent districts haven’t spent the money that
table and be a part of the conversation, growth in U.S. GDP this year. we provided in previous relief pack-
but none of them has really stepped up Moody’s estimates that passing the ages. Well, just talk to the principals
and said: We are in for the big effort same plan would create 71⁄2 million and the teachers in your home State
that the President is calling for. That American jobs. How about that? about that conclusion. You will find
is what it will take. Unfortunately, be- We got good news over the weekend the money is desperately needed and
cause of that, in a 50–50 Senate, we will with the arrival of another safe and ef- that the money that has been appro-
need every Democratic Senator to sup- fective vaccine. This is the third one, priated before will be spent in an or-
port the President’s plan and to pass a the Johnson & Johnson vaccine, in our derly way and not shoveled out the
version of what the House is sending arsenal—perhaps more to follow. It window.
over to us. We will go through an exer- holds the promise of finally getting We are looking ahead to the entire
cise called ‘‘reconciliation’’ in just a America inoculated, vaccinated, and year and making certain that we have
few days. It is not a pretty scene if you breaking the back of this pandemic. a real school year—perhaps the remain-
follow legislative history, but it is long This new vaccine prevents hos- der of this year but certainly for next
overdue. pitalizations and deaths, stored at nor- year. Illinois needs these funds and
Do you know the one thing that mal temperatures, a single shot—all America does.
should drive us on? It is not only the good news. When it comes to State and local
obvious need for this but the fact that But we need more than a promise of support, I have to tell you, we have
the American people overwhelmingly a vaccine. We need a plan. These vac- paid a heavy price in our State of Illi-
support what President Biden has pro- cines are of no good to us sitting on a nois and our major cities. We have seen
posed. The American people believe, as shelf or not being produced in volumes expenses go up and we have seen rev-
he does, that we should be investing necessary. enue go down and we need help, not un-
billions into more vaccines and more President Biden’s rescue plan, which
people to administer them. The Amer- reasonable.
not a single Republican supports, This helping hand will save jobs that
ican people believe that a cash pay- would provide 100 and—I think I have
ment to families is essential in some are necessary for us—some of them
got the number right—$160 billion in healthcare jobs, some of them security
parts of this country. They would like resources for the production of vac-
to see the $600 in last December’s bill and safety jobs, but they will save jobs,
cines and the distribution. If we ever and that is why the State and the local
complemented with the $1,400 in this needed it, this was the moment.
proposal. They would like for us to put resources included in this bill are so
Thankfully, President Biden’s leader- important and timely.
money on the table for people who are ship has led to allocations to Illinois of
unemployed so they can put food on Over the past year, States and local-
vaccines that have increased by 70 per-
that same table, and they would like ities have lost 1.3 million jobs of their
cent since he took over as President.
for us to get the schools ready to deal payrolls, far more than the 750,000 lost
We still have our challenges at the
with reopening and classes that are in the great recession. There is needed
local level.
safe for the kids and the teachers. help from the Federal Government, and
I want to salute the Governor, JB
There is no argument about that. it is needed now.
Pritzker; the mayor of the city of Chi-
While 20 percent of the people may cago, Lori Lightfoot; the Cook County We have recovered just 12 million of
oppose it, 80 percent support it. Yet we Board President Preckwinkle; and all the 22 million jobs we have lost since
can’t find one Republican Senator to the others who are doing their best. the start of the pandemic.
support President Biden’s plan. They I announced with Senator According to the Consumer Financial
say it costs too much. Well, the Chair- DUCKWORTH just last Friday that we Protection Bureau, more than 8 million
man of the Federal Reserve, Mr. Pow- are going to put a new facility in the rental households and 2 million home-
ell, a conservative Republican econo- parking lot of the United Center, where owners were behind on housing pay-
mist, has told us to be careful that you the amazing Chicago Bulls play basket- ments at the end of last year. The bur-
do too little. This economy is fragile. ball from time to time, and it is going den is tough, and for those of us lucky
It needs to be strengthened. We need to to be able to vaccinate thousands of enough to have escaped it, we may not
inject into this economy enough of our know the feeling, the empty feeling of
people every single day.
resources so that people are back, pur- It is Federal assistance that is mak- eviction or the loss of a home that you
chasing again, and businesses are re- ing it happen, and it happens to be in a have paid a mortgage on for years.
opened. He has warned us, if you do too I am going to close. I see one of my
neighborhood where African Americans
little and if you cut it off too soon, you colleagues on the floor preparing to
and Latinos are nearby, and we need to
are going to pay for it for years to speak, but I would like to close with
protect them with even more effective-
come with unemployment and prob- the story of Galen Hensen from
ness than we have to date. They ac-
lems with the sluggish economy. Midlothian, IL.
My Republican colleagues say it is count for 33 percent of the population
of that area, and only 16 percent have For 34 years, Galen has supported
just too much money. Well, I think touring artists through his work in live
they are wrong, and at this moment in been vaccinated.
The American Rescue Plan provides concert production for some of Amer-
history, I am prepared to err on the ica’s most iconic musicians. When the
side of investing in the American peo- $20 billion to expand our vaccine dis-
tribution capacity. You would think American economy was upended by the
ple and American businesses and mak-
that that would maybe attract one Re- pandemic, his industry froze to save
ing certain that we have a fighting
publican supporter. It should. There other lives and to avoid crowds.
chance to put this behind us.
Our constituents know about the cost are certainly some who argue against Like so many others, Galen went on
of this situation. They want us to pro- all vaccines and spending any money unemployment. Yet, even with the
vide the solutions. They want results for it and all the rest, but they are Federal $600 supplement to State un-
from Congress. If we were to delay this such a small minority. The vast major- employment, he had only half of his
payment, people would see their unem- ity of Americans of both political par- regular income replaced. He struggles—
ployment insurance lapse and hard- ties understand that we have got to go still struggles to make ends meet. He
ships continue. to vaccinations as quickly as possible. wrote to me urging that we put aside
The Biden rescue plan does that. I wish our partisan differences and pass the
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We shouldn’t play politics with it ei-
ther. In the two big bills last year, the they would join us in supporting it. American Rescue Plan. Let’s listen to
Democrats were on board for plans en- There is also a need for money for Galen, and let’s listen to many others
gineered by the Trump administration. education. There is $128 billion in this like him. They are counting on us.
Economists believe that we need to bill for additional education funding K– I hope when all is said and done after
move and move decisively. 12, and there have been arguments all the speeches, that just as we came
According to an analysis by the made on the floor here by the Repub- together on a bipartisan basis to pass
Brookings Institution, passing a com- licans that we just don’t need it. They the rescue plan twice last year—96 to
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S1004 CONGRESSIONAL RECORD — SENATE March 3, 2021
nothing, 92 to 6—under the Trump ad- proposals to tie school funding to the came to how to distribute what is
ministration, with all Democrats sup- reopening of schools. There was an going to be a huge amount of money
porting it, wouldn’t it be great if we amendment to unfreeze funding for the that is going to go out to State and
showed that same bipartisanship again. Coronavirus Food Assistance Program local governments if the Democrats
I yield the floor. for farmers and ranchers. There were have their way with this bill. They
The PRESIDING OFFICER. The Re- amendments to target funding to over- might have had to reject the measure
publican whip. looked rural communities and an to give labor unions and Planned Par-
f amendment to protect healthcare pro- enthood access to loans designed to
viders from frivolous lawsuits. help small businesses—again, hardly
BUDGET RECONCILIATION
The one thing that can be said for something that we ought to be doing in
Mr. THUNE. Mr. President, less than the House is at least it gave Members a coronavirus relief bill that is de-
2 months ago, President Biden empha- in the House a chance to review the bill signed to make sure that small busi-
sized a theme of unity at his inaugura- in committee. Here in the Senate, nesses stay viable, but it does satisfy a
tion. Democrats’ COVID package will come lot of Democrat special interest
‘‘Today, on this January day, my to the floor without any committee groups.
whole soul is in this,’’ he said. ‘‘Bring- consideration. Senators are just sup- They might have had to tie funding
ing America together. Uniting our peo- posed to accept whatever the House for schools to school reopening—seems
ple. And uniting our nation.’’ sent over or whatever changes the Sen- like a fair consideration. There was an
Admirable words, but so far they ate Democratic leader makes, minus amendment offered during the budget
haven’t been met with much action. On those items that are excluded from a resolution when it was being consid-
the first big legislative test of his Pres- reconciliation package by Senate budg- ered on the floor of the Senate that
idency, coronavirus legislation, Presi- et rules. would have required schools where
dent Biden and Democrats in Congress Democrats’ partisan course on every teacher had the vaccination to
have pursued a resolutely partisan COVID legislation is particularly dis- reopen in order to qualify for Federal
course. appointing because up until now, assistance under this legislation, but
They have not only failed to invite COVID relief has been a bipartisan there is nothing about that in this bill.
Republican input in any meaningful process. There is nothing that, of all the
way, they deliberately excluded it by That is right. To date, Congress has money, the $128 billion that will go out
passing their coronavirus package passed five COVID relief bills, and to schools—by the way, we put $68 bil-
using budget reconciliation. every single one of those bills was over- lion out there already, much of which
This allows them to pass the bill in whelmingly bipartisan. hasn’t been spent. But with all this
the Senate by a simple majority vote, The Republican-led Senate took up money that would go out to schools,
instead of requiring the concurrence of and passed COVID relief legislation by there is no stipulation anywhere in
60 Senators to move to a vote on the margins of 96 to 1, 90 to 8, 96 to 0, 92 to this legislation that would attempt to
bill, which is typically how legislation 6, and one even went by voice vote here tie funding for schools to their reopen-
is passed here in the Senate, including in the Senate. ing so that we can get our kids back to
the five coronavirus bills that we Back then, of course, Democrats school and learning again in that envi-
passed last year, when the Republicans thought that the minority party should ronment.
had the majority here in the Senate. In fact, it would be arguable, I think,
have a voice in the process. In fact, the
Now, Democrats’ decision to use rec- that the schools, if the teachers can
Democratic leader filibustered the get vaccinated—and that was the very
onciliation might be understandable if original CARES Act, our largest language of the amendment that was
Republicans had declared our opposi- COVID bill to date, multiple times offered in the budget resolution by Re-
tion to any further coronavirus legisla- until he got a version that he was sat- publicans. It was defeated here in the
tion, but, of course, that is not the isfied with. Senate on a 50–50 vote. All Republicans
case. Now that the Democrats are in the voted for it, all Democrats against it.
Republicans made it clear that we majority, however, they have decided But again, all it simply said was that if
were willing to work with Democrats minority representation can be dis- you are going to get Federal funding
on additional coronavirus legislation. pensed with. It is Democrats’ way or under this bill and all of the teachers
In fact, 10 Republican Senators put to- the highway on COVID legislation. Re- in your school are vaccinated against
gether a plan and met with President publicans and the Americans that they the coronavirus, then you have to re-
Biden for 2 hours to discuss a bipar- represent will not be allowed to con- open. If you don’t reopen after all the
tisan agreement. But while the Presi- tribute. teachers have been vaccinated, then
dent listened to them graciously, I guess it is not surprising. After all, you don’t get funding under this bill.
Democrats and the President quickly if the Democrats had pursued a bipar- That seems like a fairly straight-
made it clear that they intended to tisan process, they would probably forward request, given the fact that so
move forward without Republican have had to eliminate some of the non- many schools across this country and
input. COVID-related provisions in this legis- so many of our kids continue to have
Two days after Republicans met with lation, like the $86 billion bailout of to learn virtually at a time when we
President Biden, the House passed its multiemployer pension plans, hardly a need to have them in the classroom.
partisan budget resolution to pave the coronavirus emergency. This is obviously something that
way for reconciliation here in the Sen- They might have been forced to trim wasn’t included in this legislation.
ate. Two days later, the Senate fol- their slush fund for States and ensure I would argue that all the changes
lowed suit. that the distribution formula wasn’t that I have just mentioned would have
Clearly, there were no plans to let weighted heavily in favor of blue made the bill better, but they might
negotiations with Republicans slow States. not have made the Democrat allies as
down the partisan juggernaut. In fact, The Senator from Illinois was just happy. This whole process could have
Democrats have been pretty deter- down here talking about the impor- been different. We could be here today
mined to make sure Republicans don’t tance of helping out the States. Well, with another bipartisan COVID bill
have a voice in this legislation at all. under the formula that they have de- that would speed up vaccination and
During markups of the COVID relief signed for this relief package, the dol- help our country through the rest of
package in House committees, Repub- lars skew heavily, surprisingly, to
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the pandemic. In fact, as I said, there
licans offered a number of amend- States like New York, where the Demo- were lots of Republicans who were in-
ments: 245 amendments, to be exact. cratic leader is from, or California, terested in negotiating, sitting down
Out of those 245 amendments, Demo- where the House Speaker is from, or Il- with Democrats to do just that.
crats accepted exactly one for the final linois, where the Senate Democratic The Democrat whip, the Senator
bill—one. whip is from. from Illinois, was down here saying:
Among the amendments House It seems like a lot of States around Wouldn’t it be great if this could be bi-
Democrats rejected were commonsense the country sort of got left out when it partisan like the other bills we have
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