Consideration of H.R. 1319, American Rescue Plan Act of 2021 — Congressional Record, Senate
Summary
This is S1219 of the Congressional Record, Senate, March 5, 2021, in a correction print with interleaved columns, during consideration of H.R. 1319, the American Rescue Plan Act of 2021. Mr. Sanders asks unanimous consent that for the duration of consideration the managers of the bill be permitted to deliver floor remarks, use wireless devices, and use calculators on the floor. Another speaker, whose name is not printed in the text read, criticizes the bill, saying 2020 rescue bills totaling $4 trillion each received at least 90 votes and that the bill includes unrelated policies, with the views and figures attributed to the speaker.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Consideration of H.R. 1319, American Rescue Plan Act of 2021 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-05-crec-2021-03-05-pt1-pgs1219-2-896669b00d/
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CORRECTION
March 5, 2021 CONGRESSIONAL RECORD — SENATE S1219
with school closures but only if they one set of political spin. The White The ACTING PRESIDENT pro tem-
are Federal employees. To all the par- House Chief of Staff is going around pore. The Senator from Vermont.
ents without government jobs, no such town admitting that they have written
UNANIMOUS CONSENT AGREEMENTS
luck. ‘‘the most progressive domestic legisla-
There are provisions to let abortion tion in a generation.’’ That is the Mr. SANDERS. Madam President, I
providers raid the small business res- White House Chief of Staff. Meanwhile, ask unanimous consent that for the du-
cue funds that were meant for Main here in the Senate, Democrats are still ration of the Senate’s consideration of
Street businesses. pretending this is some down-the-mid- H.R. 1319, the American Rescue Plan
They want to pay people a bonus not dle proposal and lecturing us for not Act of 2021, the majority and Repub-
to go back to work when we are trying supporting it. They can’t even get their lican managers of the bill, while seated
to rebuild our economy. stories straight. or standing at the managers’ desks, be
There is an effort to create a The administration campaigned on permitted to deliver floor remarks, re-
brandnew, sprawling cash welfare pro- ushering in a new day of unity and bi- trieve, review, and edit documents, and
gram—not the one-time checks but partisanship, but in 2020, under Repub- send email and other data communica-
constant payments—that ignores the lican leadership, the Senate negotiated tions from text displayed on wireless
pro-work lessons of bipartisan welfare five rescue bills totaling $4 trillion, personal digital assistant devices and
reform and which the White House has and none of them got fewer than 90 tablet devices.
already stated they want to make per- votes. That is how this Senate was run What do we think about that?
manent. last year in a time of divided govern-
The unrelated liberal policies are ment, and now, in this supposed new All right. I further ask unanimous
simply endless. It is like they have for- era of healing leadership, we are about consent that the use of calculators be
gotten we have a pandemic to fight. to watch one party ram through a par- permitted on the floor during consider-
Larry Summers, a top economist in tisan package on the thinnest margins. ation of the bill; further, that the staff
both the Clinton and Obama adminis- Go figure. be permitted to make technical and
trations, says this plan piles way more Republicans have many ideas to im- conforming changes to the bill, if nec-
debt on our kids and grandkids than we prove the bill, many ideas, and we are essary, consistent with the amend-
need to spend right now. That is Larry about to vote on all kinds of amend- ments adopted during Senate consider-
Summers, Bill Clinton’s Secretary ments in the hopes that some of these ation of the bill.
Treasury. Jason Furman, who chaired ideas make it into the final product. The ACTING PRESIDENT pro tem-
President Obama’s Council of Eco- We are going to try to improve the bill. pore. Without objection, it is so or-
nomic Advisers, said the State and The millions who elected 50 Republican dered.
local bailouts are ‘‘overkill.’’ These are Senators will have their voices heard
AMENDMENT NO. 972 TO AMENDMENT NO. 891
liberal economists, Madam President. loud and clear.
By one analysis, the Democrats’ Our country is already set for a roar- (Purpose: To provide for increases in the
extra cash bonuses for laid-off workers ing recovery. We are already on track Federal minimum wage)
who stay home will result in almost 60 to bounce back from this crisis. That is Mr. SANDERS. Madam President, I
percent of workers earning more not because of this bill; it is because of call up my amendment No. 972.
money staying home than they would our work last year. This is a trend this
earn from returning to work—more new Democratic government inherited. The ACTING PRESIDENT pro tem-
money by staying home than they We are going to come roaring back and pore. The clerk will report.
would earn from returning to work. mostly not because of this bill—in fact, The bill clerk read as follows:
What a great idea. This isn’t State un- in some ways, in spite of this bill. It
employment insurance; it is borrowing The Senator from Vermont [Mr. SANDERS],
will be because of the bipartisan foun-
for himself and others, proposes an amend-
from our kids and grandkids to pay yet dation we laid last year and the ment numbered 972 to amendment No. 891.
an additional cash bonus for not work- strength and resilience of our people.
ing. Democrats inherited a tide that was al- Mr. SANDERS. I ask unanimous con-
This would extend deep into 2021, ready turning. sent that the reading of the amend-
when we anticipate serious job growth. We could have worked together to do ment be dispensed with.
Just this morning, we had a jobs report something smart to finish this fight as The ACTING PRESIDENT pro tem-
that shattered expectations, nearly fast as possible. Democrats decided to pore. Is there objection?
doubling the job growth experts had ex- do something else.
pected to see. Without objection, it is so ordered.
f
This is what the Washington Post (The amendment is printed in the
says about this mess. This is the Wash- CONCLUSION OF MORNING RECORD of March 4, 2021 under ‘‘Text of
ington Post about this mess that is be- BUSINESS Amendments.’’)
fore us: The ACTING PRESIDENT pro tem- Mr. SANDERS. Madam President, I
For policy experts and even members of pore. rise to offer an amendment to increase
Biden’s own party, the improving picture is
Morning business is closed. the Federal minimum wage from a
raising questions about whether the stim-
ulus bill is mismatched to the needs of the f starvation wage of $7.25 an hour to $15
current moment. an hour over a 5-year period.
LEGISLATIVE SESSION
That is from the Washington Post As I think you know, Congress has
editorial. not raised the minimum wage since
It is mismatched all right because it AMERICAN RESCUE PLAN ACT OF 2007. The result of that is that half of
was never designed to meet Americans’ 2021 our people are now living paycheck to
needs. The goal was to ‘‘restructure paycheck, and many, in fact, are work-
The ACTING PRESIDENT pro tem-
ejoyner on DSKJLYS7X2PROD with CONG-REC-ONLINE
things to fit’’ their ‘‘vision.’’ That is ing for wages that are much too low in
why there was no bipartisan process pore. Under the previous order, the order to take care of their families. So,
after a year of completely bipartisan Senate will resume consideration of to my mind, the American people in
COVID bills that we worked on to- H.R. 1319, which the clerk will report. poll after poll and State after State un-
gether. That is why the Senate Repub- The bill clerk read as follows: derstand that we have to raise that
licans who went to the White House to A bill (H.R. 1319) to provide for reconcili- minimum wage to a living wage of 15
propose working together were told: No ation pursuant to title II of S. Con. Res. 5. bucks an hour. I intend to do every-
thanks; take it or leave it. Pending: thing that I can to make that happen,
This is such a poorly targeted rush Schumer amendment No. 891, of a per- and I will be offering that amendment
job that Democrats can’t even settle on fecting nature. this morning.
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S1220 CONGRESSIONAL RECORD — SENATE March 5, 2021
Madam President, before I do that, tion. That means, all over this coun- of our young people have seen edu-
let me begin my remarks by explaining try, we have old people, elderly people, cation disrupted. Think about all of
why this reconciliation bill that we are in their homes. They can’t interact the implications of what that means. It
debating today, the American Rescue with their grandchildren, with their is likely that hundreds of colleges in
Plan, is so enormously important that own kids, with their friends. You have America, which were struggling before
it must be passed and must be passed young people who want to go to school, the pandemic, will cease to exist.
as quickly as possible, in my view. This who want to socialize, who want to So you have the public health crisis
legislation is the most consequential date, who want to do things that young with a half a million people dead, an
and significant legislation for working people do. They can’t do it and have economic crisis with real unemploy-
families that Congress has debated for been unable to do it for the last year, ment at 10 percent and small busi-
many, many decades. and that has resulted in a very sharp nesses going out of business, and an
Now, why is that? increase in mental illness in this coun- educational crisis.
The answer is that, as I think all try—something, by the way, that this Meanwhile, in the midst of all of
Americans know, the last year that we legislation also deals with. Many that, it is important to note that not
have gone through has been, in so Americans, young and old and middle- everybody in this country is hurting.
many ways, the very worst year in our aged, are now dealing with depression, What we are seeing, in the midst of
lifetimes. That is what it has been. The anxiety disorder, addictions. We are massive income and wealth inequality,
working families of our country today seeing the growth of addictions and is a moment when, in fact, that gap be-
are hurting in a way that they have even suicidal ideation. So this has been tween the very, very rich and every-
not hurt since the Great Depression, just an awful year for people in our body else is growing wider. Incredibly,
and they want their government to country and, in fact, throughout the during this pandemic, over 650 billion-
hear their pain and come to their aid, world. aires in America have increased their
and that is not too much to ask. This last year has not only been a wealth by more than $1 trillion. The
There are a lot of folks in this coun- public health crisis, as bad as that has 50—five zero—richest people in Amer-
try—there are estimates of maybe 30 to been. The pandemic, as we all know, ica now own more wealth than the bot-
40 percent of Americans—who have lit- has led to a terrible economic down- tom half of American society, some 160
erally given up on democracy. They are turn, which has resulted in millions of million people.
moving toward authoritarianism. They Americans losing their jobs and their So the bottom line here is very sim-
are hurting. Their kids are hurting. ple: In this moment of unprecedented
incomes, and it has led to the shutting
Their parents are hurting. They look crises, the U.S. Senate must respond to
down of something like one out of four
to Washington for help in their demo- the pain of working families all across
small businesses in this country. That
cratic society, and they don’t see this country, and we must respond in
is just an unbelievable number. Go to
Washington responding. What they see an unprecedented way, which is what
any town in America, and you will see
year after year are policies which this legislation is about.
its Main Street shuttered down. Thriv- Now I want to say a few words about
make the very, very rich richer, which ing businesses no longer exist. Real un- some of what is in this bill. This is a
enable large, profitable corporations to employment in this country today is 600-page bill, and I will not read it all
not pay a nickel in taxes, but for them, now over 10 percent. again. I think our clerks had enough
they face eviction; they face hunger; Further, countless Americans face fun reading it last night, but I do want
they don’t have healthcare; they can’t the threat of eviction. We have a mora- to summarize some of what is in it.
afford to send their kids to college. torium on evictions, which is the right Most importantly, what the Amer-
They are asking: Does anybody—any- thing, but there is going to be a day ican people want is, they want to get
body—in Washington care about their when that ends. People are saying: I back to a normal life. They want their
lives? am $5,000, $8,000 in debt. What happens kids to go to school. They want to go
So what today is about, in a very pro- to me when the moratorium ends? How to work. They want their businesses
found way, is whether or not we stand am I going to pay my rent? Am I going open. And what the American Rescue
with the working class of this country to be one of the 500,000 people already Plan does is enable us to aggressively
and say: Yes, we live in a democratic sleeping out on the streets? crush this pandemic and enable the
society. We understand what you are Millions more—and we have seen this American people to return to their jobs
going through, and we are going to in Vermont, and I know the Acting and their schools.
move as aggressively as we can to re- President pro tempore has probably It will establish a national emer-
spond to your pain and improve your seen it in Minnesota, for it is all over gency program to produce the quantity
lives. this country—are lining up in their of vaccines that we need and get them
This is not just a healthcare bill. It is cars for food, and it is something that into the arms of our people as quickly
not just an economic bill. It is not just none of us ever dreamed. It is right in as possible. Clearly, we are making
an educational bill. It is perhaps more my own community of Burlington, progress in that area. More and more
than that. This is a bill which will an- VT—hundreds of people, while in their people are getting vaccinated. But we
swer a profound question: Are we living cars, lining up for food. Many of them, still have a lot of work to do, and this
in a democratic society, where the U.S. never in a million years, would have legislation will enable us to do that.
Congress will respond to the needs of dreamed that they would be in that po- At a time when so many of our peo-
working families rather than just the sition. Today, the level of hunger in ple are hurting, this legislation will
wealthy and large corporations and America is at the highest level it has allow us to provide $1,400 in direct pay-
their lobbyists? That is what today is been in decades. ment to every working-class person in
about. It is dealing with the pandemic. Then, on top of all of that, we are in this country and to their kids, and this
It is dealing with the economy. It is the midst of a pandemic. People are is on top of the $600 that we provided
dealing with education and so much scared to death about coming down last month. So if you are out there and
more, but most importantly it is deal- with COVID. Yet, because of our dys- you are a family of four earning less
ing with the issue of whether or not we functional healthcare system, we have than $150,000 or an individual earning
are hearing the pain that is out there over 90 million people who are unin- less than $75,000, you are going to get
and if we are responding to it. sured or underinsured in the midst of a that check for $1,400, and for that fam-
During the last year, as everybody pandemic. ily of four, that is $5,600.
knows, over 500,000 Americans have It is not only the public health crisis Now, I know that to some that isn’t
died of COVID, and millions more have we worry about; it is not only the col- a whole lot of money. You know, 5,600
ctelli on DSK11ZRN23PROD with SENATE
been made ill. Unbelievable. It is unbe- lapse of our economy that we have to bucks ain’t that much. But for a family
lievable what we have gone through in worry about; it is what is happening to that is struggling right now and can’t
terms of this terrible pandemic. COVID our young people because the pandemic pay their rent and can’t feed their kids,
has not only caused massive death and has created a massive disruption in our that $5,600 for a family of four could be
illness; it has resulted in a way we educational system, from childcare the difference between desperation and
have never experienced social isola- through graduate school. The majority dignity.
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1221
Further, at a time when so many of But more importantly, it is an ab- tional Domestic Workers Alliance, and
our people are unemployed, this Budget surd process that we allow an the National Women’s Law Center.
Reconciliation Act will provide $400 a unelected staffer, somebody who works Here is the simple truth, and that is
week in supplemental unemployment for the Senate, not elected by anybody, that in the richest country in the his-
benefits to over 10 million Americans to make a decision as to whether 30 tory of the world, we can no longer tol-
until the end of August. If you are un- million Americans get a pay raise or erate millions of our workers being un-
employed right now, you are worried— not. I don’t care how the Parliamen- able to feed their families because they
if your unemployment check is your tarian rules. No Parliamentarian are working for starvation wages. And
only source of income, you are worried should have that power. that is not what I say, although I do
that it is going to cease, well, it is not. If people here want to vote against say it; it is what the President of the
This legislation will continue that raising the minimum wage, you have United States says. He very, very
check coming until the end of August. that right. You want to vote for it, and strongly supports raising the minimum
This legislation understands that we I hope you do, you have that right. But wage to $15 an hour, and I thank him
have a childcare crisis in America, and we should not shuffle off that responsi- for his support.
we provide the resources to provide bility to an unelected staffer. That is You know, when we look at the econ-
childcare to 875,000 children. wrong. omy, people look at the stock market,
And very importantly—we don’t talk The amendment I am offering today and they look at a whole lot of indices
about this enough—one of the absolute to raise that minimum wage to $15 an out there, but at the end of the day, we
disgraces of our economy right now is hour is cosponsored by Majority Leader have to ask ourselves: What is going on
the level of childhood poverty in Amer- SCHUMER, and I thank him for his in the lives of ordinary people? It is not
ica, which is one of the highest for any strong support; Senator PATTY MUR- acceptable to me that half of our peo-
major country on Earth. This legisla- RAY, who is the chair of the Health, ple are living paycheck to paycheck
tion will go a long way toward cutting Education, Labor, and Pensions Com- and millions of people are trying to get
childhood poverty. Some studies sug- mittee; Senator RON WYDEN, who is the by on 9, 10, 11 bucks an hour. And do
gest we are going to cut it in half by chair of the Finance Committee; and you know what? You can’t do that. You
expanding the child tax credit from many others in this Chamber. can’t do that in Vermont, and you
$2,000 to $3,000 and $3,600 for kids under In fact, this amendment is similar in can’t do it in California, and you can’t
the age of 6. In other words, we are many ways to the legislation that I do it in Minnesota. You can’t do that.
about to cut childhood poverty in half have offered which is cosponsored by 38 Our job is to make sure that we have
in this country. Members of the Senate. an economy that works for all and not
This legislation, obviously, deals And let us not forget, this legislation just for the few, and in order to do
with the horror of so many of our peo- was passed in the House, and I want to that, we are going to have to raise that
ple facing hunger. We put in very sub- thank my friends and colleagues in the minimum wage to 15 bucks an hour.
stantial amounts of money for nutri- House Progressive Caucus for their ex- Frankly, it is disgraceful that Con-
tion assistance for working families, traordinary leadership on this issue. gress has not passed an increase in the
for kids, for the disabled, and the elder- This amendment is supported by minimum wage since 2007. Think of all
ly. some 300 national organizations, in- the things that have transpired since
This legislation will provide rent re- cluding the AFL–CIO, and virtually all
lief, utility assistance, and mortgage then. But Congress has not raised the
of the major unions in our country. I minimum wage since 2007.
assistance to millions of tenants and
want to thank in particular the SEIU, The reality is that the minimum
homeowners who are in danger of evic-
one of the great unions in America, wage has lost over 30 percent of its pur-
tion and foreclosure.
This legislation will protect the pen- who have led this effort for years in chasing power since 1968. The minimum
sions of many millions of workers who terms of the Fight for $15, where people wage is worth a lot less now than it
are in danger of seeing their retirement working in McDonald’s and Burger used to be. When we increase the min-
benefits cut by as much as 65 percent. King have gone out on strike and said: imum wage, we will be giving over 32
Not only is this $1.9 trillion emer- No, we can’t make it on 10 bucks an million Americans a much needed pay
gency COVID relief package the right hour, 11 bucks an hour. I want to thank raise.
thing to do for people from a moral the SEIU. Let’s be clear. Raising the minimum
perspective, it is exactly what the And this legislation will help workers wage to $15 an hour is an enormously
overwhelming majority of the Amer- all across the board, but it will signifi- popular idea. More than 60 percent of
ican people want us to do. cantly help women who are unfortu- the American people, in poll after poll,
The American people didn’t want us nately forced into low-income work support raising the minimum wage.
to give tax breaks to billionaires. The more than the general population, Since 1998—this is really amazing.
American people did not want, as the more than men, and it will dispropor- You know, I have some friends here
Republicans fought to do, throw 30 mil- tionately help African Americans and who are nervous: Oh, my goodness, how
lion people off the Affordable Care Act. Latinos, who disproportionately are radical can it be? Should we raise the
The American people didn’t want that, forced into low-income work. This leg- minimum wage? Oh, my God, I am
but that is what the Republicans tried islation is supported not only by 300 or- scared of the American Restaurant As-
to do under reconciliation. ganizations but by groups like the sociation.
Well, we have a different idea. Yeah, Leadership Conference on Civil and Well, since 1998, every time a State
we are going to use reconciliation, Human Rights. They understand that if has had an initiative on the ballot to
which requires only 51 votes. We are we are going improve the standard of raise the minimum wage, it has won. In
going to use it, not for tax breaks for living of the African-American commu- conservative States, in progressive
the rich, not to throw people off of nity, we ought to raise that minimum States, put it on the ballot, it wins.
healthcare but to provide the help that wage. Just as one example, in November,
working-class people need all across It is supported by the National Orga- just this last November, election time,
this country. nization for Women because, again, Joe Biden lost Florida. Donald Trump
Madam President, I am introducing, this raising the minimum wage is a won Florida by three points. But in
as I mentioned earlier, legislation—an women’s issue in a very significant that same election, the people of Flor-
amendment—today to raise the min- way—not totally, believe me. There are ida—and I say that to the two Senators
imum wage to 15 bucks an hour. a lot of men out there who are working from Florida—61 percent of the people
Because of an unfortunate and, in my for 9, 10, 11 bucks an hour, but dis- in Florida voted to raise the minimum
ctelli on DSK11ZRN23PROD with SENATE
view, misguided decision by the Parlia- proportionately it impacts women. wage to 15 bucks an hour. Florida
mentarian, this reconciliation bill does It is supported by Unidos and other voted for Donald Trump and voted to
not include an increase in the min- Latino organizations. It is supported raise the minimum wage to $15 an
imum wage to $15 an hour. In my view, by the American Association of Univer- hour.
it should have, and I think the Parlia- sity Women, supported by Indivisible, Eight States—over the years, 8
mentarian was dead wrong. Justice for Migrant Women, the Na- States and over 40 cities have adopted
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S1222 CONGRESSIONAL RECORD — SENATE March 5, 2021
laws to raise the minimum wage to $15 The idea of moving tipped wages to the State that voted for Donald Trump not
an hour. It is not a radical idea. same level as the overall minimum once but twice—approved a $15 min-
And, as you know, over just a few wage is not a radical idea. It has been imum wage by a 20-point margin. That
days ago, the House of Representatives done in State after State. It already is because it is Americans, both Demo-
did the right thing and voted to raise exists in seven States in our country, crats and Republicans, who know that
the minimum wage to $15 an hour. This including California, Oregon, Wash- one of the most straightforward ways
is not a radical idea. People want it. ington, Nevada, Montana, Alaska, and we can help working people is by rais-
States have done it. The House of Rep- Minnesota. I should point out that all ing the Federal minimum wage to $15
resentatives has done it, and now it is of those States experienced a growth in an hour.
our turn to do what the American peo- the number of small businesses and res- Now, California is a big State. We are
ple want. taurants after they abolished the a very diverse State, full of diverse
Now, in the last few days, I have tipped minimum wage. And guess what. communities, with local variations in
heard some concerns from my col- Waiters and waitresses in these States cost of living and local business condi-
leagues about one part of our amend- received more tips, not less, and let’s tions, just like the rest of the country.
ment, and that is the provision to raise be clear: This pandemic has made a bad And let me tell you, the sky did not
the tip wage, which now stands—I want situation worse for waiters and wait- fall when California enacted a $15 min-
everybody to hear that—the tip wage resses. imum wage.
for waiters and waitresses and all those So, right now, it is absolutely imper- Now, I know some of our colleagues
people who get tips now stands at $2.13 ative that we raise that minimum wage have argued that raising the Federal
an hour. No, you did not mishear me— to a living wage for all of our workers minimum wage would reduce employ-
$2.13 an hour. That is the Federal min- and that we raise the tipped wage as ment opportunities for American work-
imum wage for waiters and waitresses, well, which is already law in seven ers. The facts show otherwise. Forty
for barbers, for hairstylists, for park- States of the country right now. years of studies have found little to no
ing attendants, and others. That tip And I see the Senator from Cali- significant impact of wage increases on
minimum wage has not been raised fornia, Mr. PADILLA, and we are de- employment levels.
since 1991, 30 years ago. lighted that he is joining us. And his Some of our colleagues have also ar-
You think maybe it is time to raise State has been one of the leaders in gued that eliminating the tipped min-
the tip wage from $2.13 an hour, passed this country in raising the minimum imum wage nationwide would harm
30 years ago? I think so. The proposal wage, and I would yield the floor to earnings for workers. That also has not
in this legislation would raise that tip him for his remarks. happened. Again, research has found
wage from $2.13 an hour to $14.95 over a The ACTING PRESIDENT pro tem- that eliminating the tipped minimum
7-year period. pore. The Senator from California. wage has no significant impact on em-
Now, time and again, our legislation Mr. PADILLA. Madam President, I ployment.
gets misrepresented. People say: Oh, rise today in support of working men At the same time, median hourly
you are raising the minimum wage to and women across the country, and I wages for tipped workers are higher in
$15 an hour tomorrow. No, we are not. am proud to stand with Senator SAND- equal treatment States like California
The tip wage is going to take 7 years. ERS, who has been a champion for compared to those with a tipped min-
For better or worse, that is what it is. working people. imum wage.
Now, the National Restaurant Asso- Let me be clear: Raising the min- Madam President, 1.7 million Ameri-
ciation, a very powerful lobbying orga- imum wage is COVID relief. The cans make the Federal minimum wage.
nization, has suggested to Members of COVID–19 pandemic has highlighted That is a $15,000-a-year income. We
Congress that this legislation is op- the immense underlying inequities in must be honest with ourselves. No one
posed by restaurant workers and would our Nation. It has also driven home can meet the minimum standards of
be harmful to their interests. This is how important essential workers are to living on a minimum wage of just
not true. our society and to our economy. $15,000 a year.
One Fair Wage, an organization rep- Millions of Americans do essential Now, raising the minimum wage to
resenting service employees, has just work but are not paid a living wage. $15 an hour would also help reduce
delivered to the White House a petition They work as home health aides, as- some of the gender and racial inequi-
with 140,000 signatures from service sisting elderly family members to meet ties in our Nation, as Senator SANDERS
workers who are demanding that they their basic needs with dignity. They has referenced, given the overrepre-
receive the same minimum wage as produce our food, stock our grocery sentation of women and minorities in
every other worker in their State. shelves, keep facilities clean and safe, jobs that earn the minimum wage. It
Polling among service employees and care for our children, and so much would give them more money to spend
nonservice employees also supports the more, so that we can go to work. in their local economy, which in turn
reality that Americans want our wait- They are on the frontlines of this is good for business. But most impor-
ers and waitresses and other service pandemic, risking their health, yet tantly, it will lift hundreds of thou-
employees to get a fair minimum wage. still struggling to keep themselves and sands of families out of poverty. Think
Now, I heard from some people that their families healthy. They shouldn’t about that. We have the opportunity to
those people who are working in the also have to struggle to keep a roof lift hundreds of thousands of families
service industry are doing really well, over their heads and food on their out of poverty.
you know, and they don’t want an in- table. This isn’t just an opportunity, it is a
crease in the Federal minimum wage. Both of my parents worked jobs that moral responsibility. No one who
The tips that they are receiving are are considered essential today. For 40 works a full-time job should live in
covering all of their needs. ‘‘Leave well years, my father worked as a short- poverty. It is that simple. We must
enough alone,’’ they say. Well, today, order cook. For the same 40 years, my stand on the side of hard-working
70 percent of tipped workers are women mom was a domestic worker. And it is Americans.
who suffer from three times the pov- people like them all over America who I call on my colleagues to continue
erty rate of the rest of the U.S. work- work hard, with dignity, yet still the fight for 15 and pass the Sanders
force. They are not doing so well. They struggle to make ends meet. That is amendment to bring justice and pros-
use food stamps at double the rate of not the American dream—far from it. perity for all American workers.
the general workforce and suffer, by It is finally time that Congress does I yield the floor.
the way, from the highest rates of sex- something about it. There is strong bi- The PRESIDING OFFICER. The Sen-
ctelli on DSK11ZRN23PROD with SENATE
ual harassment of any industry be- partisan support throughout the coun- ator from Oregon.
cause they must tolerate inappropriate try for raising the minimum wage. I Mr. WYDEN. Madam President, right
customer behavior to get the incomes am proud to say that my home State of now, the Senate is debating, having
that they need. California has been a leader in the been started by our colleague Senator
Further—and this is important, and I fight for 15, and just this past year, the SANDERS, whether it is OK to pay star-
want all of my colleagues to hear this. voters of Florida—yes, Florida, the vation wages in the United States. You
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1223
heard that right, starvation wages. Re- corporations to steal from their em- Senate, but I am really hopeful that
ceiving that starvation wage, single ployees’ tipped wages. A country that this can bring all sides of this debate
moms are skipping meals as they try aspires to be pro-work should not be together.
to make rent and buy groceries for this anti-worker. I have personally felt the benefit
their family. These moms get paid $7.25 Members of the Senate might forget should be $400. It should certainly run
an hour, often work two jobs, and go to it now, but minimum wage used to go into September, but I know some of my
bed every night worried that the next up all the time. It happened 22 times colleagues feel otherwise. So what we
morning is going to bring financial ca- since the minimum wage was enacted are looking at is making sure that we
lamity. in 1938. Through the fifties, sixties, and can get a benefit so that people can
Senators, is this OK in a country as into the seventies—the post-war period make rent and pay groceries, that we
rich and strong as ours? Here in the that many looked as the boom years of prevent that cliff, and, by God, we sure
U.S. Senate, nobody has got to worry the 20th century—the minimum wage as hell shouldn’t let folks who are un-
where their next meal is coming from, went up all the time, and Congress ex- employed pay taxes on those unem-
but that is an everyday struggle for too panded the range of workers it covered. ployment benefits that they secured in
many families across the land. Now, colleagues, these increases did 2020.
Senators, let us think about those not lead to the end of Western civiliza- Senator SANDERS and I will continue
who are hurting as the vote on the tion back then, and raising the min- to prosecute this question of tax for-
Sanders minimum wage amendment imum wage isn’t going to do it today giveness very strongly as well. I appre-
approaches. It is time for that single either. That is because—folks might ciate his leadership.
mom to get a fair wage for a fair day’s want to sit down when I say this—it is I see Senator MURRAY, the chair of
work, a living wage, not a starvation good for everybody when there are another important committee with ju-
wage. fewer poor people in America. This is risdiction over this matter.
There has never been a stronger case the longest the Congress has gone I yield the floor.
for a $15 minimum wage than there is without raising the minimum wage The PRESIDING OFFICER (Mr.
right now during the pandemic. I think since its origin. PADILLA). The Senator from Wash-
about grocery store and pharmacy In recent years, the grassroots move- ington.
workers, home health aides, food proc- ment has picked up the slack and made Mrs. MURRAY. Mr. President, I want
essing and packing workers, restaurant a lot of progress in cities and States all to really thank Senator SCHUMER, Sen-
employees interacting with maskless over the country, including my home ator WYDEN, and Senator SANDERS and
customers. So many workers in Oregon State of Oregon. But the Congress can- others who are working so hard with
and across the country are going to not wait any longer. The powerful me on making sure that our relief bill
work in a dangerous environment each could pull the levers around here in a includes a much needed raise for our
day. Many of them are Black and hurry, and they get more than their workers.
Latino workers, people from the com- share of benefits and attention. Right Democrats and Republicans alike
munities that have suffered the most now, the Congress has a chance to have joined together in rightly calling
from COVID–19. They have kept our prove, to actually prove that it is look- our essential workers heroes and the
country going through the last year. ing after working people, and that backbone of our economy. But despite
I have heard a whole lot of Members their tireless work and the constant
means raising the minimum wage to
of the Senate, Democratic and Repub- risk of COVID exposure, too many of
$15 an hour. Every single Senator says
licans, talk about those workers as he- these workers are paid wages so low,
they want to incentivize hard work,
roes of the pandemic. So the question they cannot afford to pay for even
and, folks, a living wage does just that.
is, Will the Senate stand up and give
The single mom skipping meals to feed their most basic needs.
those heroes of the pandemic the raise This pandemic should be a wake-up
they deserve, the raise they have wait- her kids deserves better. The Senate
can do better starting today. call that these workers whom we all
ed for, for 12 years?
I appreciate my colleague Senator call heroes deserve more than $7.25 an
There are 30 million Americans who
SANDERS leading the effort to raise the hour. I urge my colleagues to vote for
earn less than $15 an hour. It would be
closer to 40 million if not for the fact wage for years and years. As chairman the Sanders amendment in order to
that the coronavirus put so many of the Senate Finance Committee, I am give a much needed raise to millions of
Americans out of work. That is just all in with Senator SANDERS on this workers and end the tipped minimum
immoral and unacceptable. fight. Senators, support our amend- wage and subminimum wage for youth
Now, if you want to see inequality ment. Give tens of millions of Amer- workers and workers with disabilities.
baked into the law, just look at how ica’s hard-working people a raise. And After more than a decade since the
the country treats its lowest income before I yield the floor, I just briefly last Federal minimum wage increase,
workers compared to those at the top. want to provide an update with respect the tides are turning, and there is over-
The minimum wage has been stuck for to the issue of trying to make sure whelming support for Congress to act.
12 long years, and a flat minimum is that folks who have been laid off, laid So let me be clear. Today’s vote is just
nothing but a slow-moving pay cut for off from their jobs through no fault of one step in our fight. We are not going
those who make the least. their own, are going to be able to get to give up. Today we are going to keep
Minimum wage workers cannot af- an unemployment benefit where they working to get this historic bill across
ford the average rent in any State in can make rent and pay groceries. the finish line because right now this
America, not one. It doesn’t account We are having conversations now, country is on fire. Republicans’ biggest
for utilities, food, gas, car payments, bringing people together, I believe, concern seems to be that we might use
medical bills, school supplies. Here is a around two core principles. One is too much water. The reality is, we are
fact: Living is expensive for the poor in avoiding a cliff in August where you far from doing too much because we
America. Meanwhile, the most well-to- would have something like 11 million will not have done enough until this
do keep winning with their invest- people lose their benefits. We have to crisis is over, until families across the
ments in the stock market. The entire do that. It defies common sense to have Nation are safe, and until we rebuild a
Tax Code is rigged to favor the income a cliff in the middle of August when stronger and fairer country.
of billionaires over the income of wage- you have the Senate out of session. Anyone who says this bill is too ex-
earning families. Second, we are making a lot of pensive needs to understand how much
Republicans passed the $2 trillion progress on preventing an unemploy- this pandemic has already cost our
Trump tax law promising trickle-down ment tax surprise. This is a matter communities, how much it has already
ctelli on DSK11ZRN23PROD with SENATE
benefits. They have been talking about that Senator SANDERS and I have spo- taken from families, and how much
that for decades, even though those ken about at length for weeks. A num- more is at stake if we don’t finally
magical benefits never actually trickle ber of colleagues on both sides of the bring it to an end.
down. aisle have a great interest in this. I They need to listen to public health
The Trump administration actually think we have made a lot of headway. and healthcare workers who have been
made it A-OK in the eyes of the law for We will have more to discuss with the straining to test, to contact trace, to
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S1224 CONGRESSIONAL RECORD — SENATE March 5, 2021
vaccinate people across the country, help our students get back to class- the cost of living in a very expensive
and to grapple with the trauma of rooms for in-person learning safely. It place like Seattle demands that we pay
fighting this pandemic on the will stabilize our struggling childcare workers what they deserve. It also
frontlines. sector, which is so critical to helping means that we deal with big-city prob-
They need to listen to parents who women and working families get back lems like homelessness and deal with
are asking how they are supposed to go to work. It will support small busi- making investments, and I hope that
to work when they don’t have childcare nesses and help States keep educators our next infrastructure bill will get to
and their kids can’t go to school in per- and firefighters and sanitation workers that.
son, who wonder how are they going to and others on the job. This is not the last time I am going
pay rent, how are they going to pay for So before my Republican colleagues to speak about minimum wage, but I
groceries, how are they going to pay to worry anymore about the cost of doing want our colleagues to know that this
keep the heat on, and fearing what will all that, I hope they take a moment to battle is not over yet and that if we
happen if they cannot. consider the staggering cost of failing want to raise the standard of living in
They need to listen to students whom to do it. There is a reason bold action the United States, we have to pay a liv-
this pandemic has robbed of critical like this plan has the support of Repub- able wage.
school resources, as well as opportuni- lican Governors like Jim Justice in So I come to talk about the details of
ties to grow and thrive and socialize West Virginia; the support of Repub- the rescue plan. This is 1 year since a
with their peers. lican mayors like Betsy Price in Fort young man from Everett, WA, became
They need to listen to our States and Worth, TX, or Francis Suarez in the first COVID victim in the United
our cities and our Tribes and our terri- Miami, FL, or David Holt from Okla- States of America. Not only did he get
tories that have seen their budgets up- homa City; and, according to a recent sick, but many loved ones got sick,
ended. poll, the support of a majority of Re- their families, and they are all waiting
They absolutely need to listen to publicans. now for vaccines. So this legislation—
people of color, to voices in the Black, That same poll showed that the priority No. 1 for so many Americans
Latino, and Tribal communities who American people support this package right now is the COVID–19 vaccine.
have been hit the hardest by this pan- by an overwhelming 3-to-1 margin. In my State, the State of Wash-
demic in every way. People support this American Rescue ington, more than 1 million residents
Anyone who has been listening to the Plan because the American Rescue have been vaccinated, and 6 million
American people and anyone who has Plan supports people—workers, fami- more are still waiting. Everyone knows
been watching what they have gone lies, communities—who know firsthand that demand far exceeds the supply.
through understands the danger in this the loss and hardship of this last year Our healthcare workers are working
moment is not doing too much; it is and because they understand the sim- tirelessly, along with other govern-
doing too little. ple fact that when the house is in ment officials, to get shots in the arms
If Republicans want to talk about too flames, you do not argue about how of individuals.
much, there are almost 10 million much of the fire to put out or how That is why this bill is so important,
fewer people working compared to this much water to use or how many lives because it provides $20 billion to invest
time a year ago. There are 11 million to save; you do whatever it takes until in vaccine administration and distribu-
people at risk of eviction and 11 mil- the crisis is over and everyone is safe, tion. That includes launching commu-
lion people about to lose their unem- and you do it as fast as you can. That nity vaccine centers, deploying mobile
ployment benefits. That is too much. is what Democrats are trying to do vaccine units to hard-to-reach areas,
One study says that by June, this today. That is what this bill is about, and continuing to support an increased
pandemic will likely have set students and I urge every single Member of the pace of vaccinations. That is job 1 right
back 5 to 9 months in math from where Senate to support it. now—get the vaccine into the arms of
they could be in a typical year, and I yield the floor. Americans.
that setback is even larger for students The PRESIDING OFFICER. The Sen- That is why this legislation is so im-
of color. Another notes that as schools ator from Washington. portant, to continue that effort, but it
across the country have shifted to re- Ms. CANTWELL. Mr. President, I also provides other support, like ex-
mote learning, that one in four stu- come to the floor to talk about the tending unemployment benefits for
dents lacks access to internet at home. American Rescue Plan, but following millions of Americans who lost their
According to the CDC, one in four my colleague from Washington and in jobs through no fault of their own a
young adults has considered suicide. the presence of the Senator from year ago and are now seeing unemploy-
That is too much. Vermont, I just want to thank them for ment benefits expire next week.
Since the start of the pandemic, we how hard they have fought for an in- We know what today’s numbers say.
have lost over 650,000 jobs in higher crease in the minimum wage. We still have a very high unemploy-
education and 1 in 6 jobs in childcare. Our State, the State of Washington, ment rate in the United States of
That is too much. has led the Nation for many years in America. So this bill extends the ben-
Across this country, this virus has the highest minimum wage, and it efit another 5 months, until August 29.
infected over 28 million, left thousands didn’t impact our economy. In fact, it It is a very prudent measure to con-
of ‘‘long haulers’’ still experiencing helped our economy. There are now re- tinue to put the resources into the
symptoms, and killed over half a mil- ports, as we have moved towards $15 American economy.
lion people. That is too much. from just a little town, SeaTac, to the It also provides $1,400 stimulus pay-
We have to act. We have to. And that city of Seattle, to now a plan for our ments to millions, and it supports new
is why we are fighting to pass the entire State to move to $15 over a grad- efforts for our restaurants, small busi-
American Rescue Plan. This American ual period of time. nesses, and those devastated by the
Rescue Plan will send families long- I urge my colleagues—I urge my col- pandemic so they can use this money
overdue direct relief and prevent ex- leagues to come together with a plan for payroll, rent, utilities, and paid
panded unemployment benefits, which that can get us to a $15 minimum wage. sick leave. This is so important, to
have been a lifeline to so many people, I know we have it in us. I know we can continue to learn from the programs
from expiring. It will help get vaccines do it. I so appreciate our colleagues that COVID has started and to refine
in arms faster. It will hire and train waging this effort to continue to make them to make them successful for our
more public health workers. It will this a priority for our Nation. economy.
ramp up our testing capacity and in- I can’t tell you enough how much the This also helps children who are at
ctelli on DSK11ZRN23PROD with SENATE
vest in programs to counter the dis- wages, particularly in a place like Se- home, helping provide more money for
proportionate harm COVID–19 has attle, are going to matter to people, to E-Rate and broadband connectivity for
caused specifically to communities of have a livable wage. I know people here schools and libraries. This is so impor-
color and Tribes. It will expand afford- have discussed various aspects of this tant to individuals.
able insurance to more families and program and the plans that are in this It also provides critical dollars for
give schools much needed resources to bill, but I just want them to know that Federal health funding to treat Native
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1225
Americans in urban areas, a commu- businesses that have been underserved fight is not over, and this will help sus-
nity that has been very hard hit by the to date by the programs that we have tain us.
pandemic. passed. I urge my colleagues to pass this leg-
Our economy lost 9.8 million jobs in But for the first time, in this legisla- islation.
2020, and our current unemployment tion, there will be support for the avia- The PRESIDING OFFICER. The Sen-
rate, as I just said—we know from this tion supply chain. We are hearing all ator from Maryland.
data that came out this morning—is sorts of discussions about supply chain Mr. CARDIN. Mr. President, similar
still too high. We know that, as a re- shortages and the competitiveness of to Senator CANTWELL, I want to talk a
sult, 19 million Americans, including the United States if the United States little bit about the small business pro-
460,000 Washingtonians, rely on those sees that critical supply chain ele- visions in the American Rescue Plan
unemployment benefits. If we don’t act ments will not be able to be filled, and the urgency of passing the recov-
by March 14, 11.5 million people will whether you are talking about the ery act as soon as possible. We need to
lose their extended unemployment ben- automotive industry or whether you act in order to deal with the recovery
efits. So that is why this program is so are talking about aviation. of COVID–19 for our Nation.
important to get passed today in the Well, in the previous bills, certainly, As chair of the Small Business and
Senate. I can say that the Fed made capital Entrepreneurship Committee, it is
The restaurants, as we know, have available that, certainly, manufactur- critically important to the health of
been very plagued by this problem, and ers—large-scale manufacturers—took small businesses that we act on the
the PPP program has been helpful, but advantage of. Previous bills made American Rescue Plan. Small busi-
I believe this legislation will be even money available for the airlines to con- nesses are critically important to our
more helpful. Since the beginning of tinue operating, as this legislation does economy. I think the Members of this
the pandemic, 110,000 restaurants as well. And I would say, I think, we body understand that.
across our country have closed either are probably somewhere between 40 to Two out of every three jobs in the
permanently or for an extended period 45 percent of the original capacity for private sector are created through
of time, including 2,300 in the State of airlines that we were previous to the small companies. Innovation takes
Washington, and some are just strug- pandemic, which means we are making place in a much larger amount in small
gling to hang on. progress, and that is what we always companies. Just look at how small
For example, the Black Cypress res- wanted to see—the ability to return companies have adjusted to COVID–19.
taurant in Pullman, WA, lost more our economy quickly. We have seen curbside pickup. We have
than 1 million in revenue and had to But in Washington State alone, we seen the use of the online deliveries.
lay off workers after the initial PPP have 30,000 aerospace manufacturing We have seen ways in which small busi-
loan program ran out. In southwest and supply chain jobs that have been nesses have shown that they can figure
Washington, restaurants like the lost. Our aerospace supply chain is part out ways to try to stay alive under any
Mighty Bowl in Vancouver and the of a juggernaut for our economy. It circumstances.
Depot Restaurant in Seaview are oper- helps us with our gross domestic prod- But there is another factor about
ating at 50 percent revenue loss. uct, and it helps us in containing and small businesses, and that is that they
I talked to one of our restaurant keeping a workforce that is skilled are not as resilient to deal with an eco-
owners, Wassef Haroun, who operates that can work postpandemic. So in this nomic downturn as the larger compa-
very popular restaurants in Seattle, in- legislation, we will be, for the first nies are. So whenever we go through
cluding Mamnoon. He said his res- time, making resources available for any type of a recession, small busi-
taurants have lost 70 percent of their that supply chain. nesses suffer the most. So for all of
revenue compared to 2019. And these I want to thank Senator MORAN and those reasons, it was critically impor-
are people who are hustling to do Senator WARNER and a slew of other tant for us to act to help America’s
standup, popup windows, and all sorts Members who worked on providing re- small businesses.
of things to keep the restaurants and sources to this supply chain. It will Democrats and Republicans worked
restaurant employees working. help us retain and rehire workers in together to create a way in which we
So the Paycheck Protection Program the aviation manufacturing sector. It could help small businesses during this
was critical, and these improvements will help us keep highly skilled work- pandemic. It is interesting that the
were desperately needed. That is why ers who serve as the backbone of indus- very first bill that we passed removed
this bill includes a new $25 billion tries so that our Nation can continue the restrictions in regard to the EIDL
grant program for restaurants to ad- to be poised for the recovery. And it Program so that those businesses that
dress those concerns of rent and utili- helps us in making sure that we are suffered as a result of the pandemic
ties and sick leave and other things poised for a strong recovery. We know could qualify for the Economic Injury
head-on. that aviation manufacturing jobs mean and Disaster Loan Program under the
The bill also helps with more funding a lot to our Nation. Finally, we are Small Business Administration. We did
for the SBA live venues grant program going to help stave off the tide of the that because we realized that govern-
that we have authorized, helping those huge losses that we have seen in that ment was imposing restrictions on
venues stay open. For us in Seattle, sector. small businesses in their operations,
music is a thing, and we want these We are going to help the mom-and- and we had a responsibility to act.
venues to be there. They are part of pop machine shops. We are going to And then in mid-March of last year—
our history. They are part of our cul- take those who have been working on not this year, but mid-March of last
ture. They are part of a music story small aircraft parts and landing gears year—we passed the CARES Act, al-
that really is about, well, just a little and doors and flight controls and help most a year ago. It recognized that this
bit different take on music than maybe them with the impact that they have pandemic was having a major impact
some other parts of the world. So we felt in trying to keep a workforce dur- on our small businesses. We didn’t real-
are very proud of it, and we don’t want ing this period of time. ize how long the pandemic would last.
to lose these facilities, the home for These are all important priorities for We thought it would last a few months.
growing more music and cultural im- us as a nation: the vaccines, the unem- We certainly did not think it would
pacts to our society. ployment benefits, the stimulus last a full year, and now beyond a year.
So one of the hardest hit businesses, checks, the E-rate program for helping We passed innovative programs in
though, has been businesses with 10 or students learn at home, the investment order to save small businesses.
fewer employees in underserved areas, in the aerospace supply chain. It is im- In the one that got perhaps the most
ctelli on DSK11ZRN23PROD with SENATE
like Grays Harbor, Yakima, Ferry portant that we get the dollars out the attention, the PPP program—the Pay-
County, or Pend Oreille. This legisla- door. This will help us recover. This check Protection Program—we ini-
tion allows $10,000 grants from the SBA will help American families wade tially provided $350 billion. I would like
program of Economic Injury and Dis- through the last months of this COVID to think of the CARES Act as, really, a
aster Loan Program to help with the pandemic fight. But, believe me, they Marshall Plan. It was a Marshall Plan
smaller communities and the small need the help in the last months. This to deal with COVID–19. It provided the
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S1226 CONGRESSIONAL RECORD — SENATE March 5, 2021
monies for vaccination, research, test- tered venues were shuttered. These so they can get their full $10,000 grant
ing, and for public health, to help our were institutions that could not oper- that we intended them to receive. So
States and local governments, to help ate because of a government order, and that we can make that work, we need
schools, but it also provided money in we recognized we had to do something to provide another $15 billion to the
a major way to help small businesses. special in order to deal with that. EIDL Advance Program, targeting it to
So $350 billion was initially provided So when you put that all together, the underserved communities.
through the Paycheck Protection Pro- what happened? Well, we saved a lot of We have a program to help our res-
gram because we realized that rather small businesses, and we should be taurants—why help the restaurants?—
than having to put more money into proud of that record. Seven million with $25 billion. Here is the fact. Even
unemployment insurance, wouldn’t it Paycheck Protection Program loans— with the restaurants starting to come
be better to keep people on payroll so forgivable loans—were granted for $678 back, we are 2 million jobs less in the
that small businesses can retain their billion. There were 3.7 million EIDL restaurant field since the beginning of
essential workforce? And it worked. loans given for $200 billion. And we COVID–19—2 million jobs less. The Na-
The program was very, very popular. were oversubscribed for the EIDL Ad- tional Restaurant Association esti-
But we did more than just the Pay- vance of $20 billion. So we were able to mates that 110,000 restaurants have ei-
check Protection Program. We also ex- really help, but more is needed. ther shuttered for good or are shut-
panded the Economic Injury and Dis- When we passed the Omnibus bill in tered today as a result of COVID–19. We
aster Loan Program, or the EIDL Pro- December, we recognized that that need to direct help to the restaurant
gram, because we recognized that for- would hold us until March. Well, it is community.
givable loans of a limited amount of now March. We need to act to complete The shuttered venue program needs
money was not enough to carry busi- the work. additional support, so an extra $1.25
nesses over during the pandemic. They The Trump administration, in admin- billion is provided for shuttered
were going to need longer term loans. istering the SBA programs, did things venues. I will just give you one exam-
EIDL is a 30-year low-interest loan, up that we thought were unacceptable. ple. The Merriweather Post Pavilion
to 30 years. And we also created a new They put a cap on the EIDL loan of located in Howard County, MD—I have
program known as the EIDL Advance $150,000. The statute says $2 million. been there many times—has not oper-
Program, which was cash—it was not a Many businesses needed more help ated since last March. They need help.
loan, not a forgivable loan; it was a than was given by the administration A thousand jobs are dependent upon
grant of up to $10,000—because we know of the EIDL loan program. The EIDL the Merriweather Post Pavilion.
Advance Program was supposed to be I am sure every one of my colleagues
for many small businesses, particularly
up to $10,000, but the administration could mention the venues in their own
the most stressed and the most chal-
administered it at $1,000 per employee, State that have been shuttered as a re-
lenged, taking on another loan was not
making it far less desirable than Con- sult of COVID–19 that need that help.
a possibility. So we provided an EIDL We provide $7.25 billion for non-
Advance of up to $10,000. gress intended.
And, quite frankly, the underserved profits, expanding eligibility, and for
We also provided for loan forgiveness the digital news platforms that need
for those who had existing or had re- communities were not being met at the
level that we had expected. I say that help. Johns Hopkins University has
cently taken out 7(a) or 504 loans under done a study, and it has shown that the
the Small Business Administration. because Senator SHAHEEN and I put a
employment level in our nonprofit
These programs were exceedingly provision in the CARES Act, now
community has dropped 1 million jobs
popular—so popular that, within just known as page 30, that required the
since COVID–19 occurred. We know the
about a matter of weeks, we started SBA to make special efforts to get to
great work that they do, how they step
running out of resources. We had ap- the underbanked communities because
up and help us anytime, but particu-
propriated, we thought, a significant we realized the underbanked commu-
larly during a pandemic and during a
amount of funds, but we found that $350 nities were going to have difficulty
national crisis. They need help, and
billion went pretty quickly. So we getting loans that were forgivable.
they should be eligible to be able to re-
came together, and we replenished the Their own inspector general of the SBA
ceive the help under the Small Busi-
funds. We put more money into the said that the SBA did not carry out the
ness PPP program. This bill will pro-
Paycheck Protection Program, and we intent of Congress. So we needed to do vide that flexibility so they can get the
also recognized that we had to provide more to reach those communities that help that they need—another reason we
more flexibility because businesses were being left behind. have to pass the American Rescue
were suffering, and they needed more That is why action is needed. I want
Plan.
ability to be able to use those funds. So to compliment the Biden administra- Then, lastly, let me mention the
we granted additional flexibility. tion. They have taken administrative community navigators. There is a mod-
When we passed the CARES Act, we action to try to help us on this. They est amount of money here so we can
thought this pandemic would be over have opened up for 14 days exclusivity have people who can help those who are
with by last summer. Well, that was under the PPP program for those busi- not as sophisticated to be able to get
not the case. So we came back together nesses that are 20 employees or less. the help that they need through a com-
again and recognized we had to do The smaller of the small businesses are munity navigator. Yes, we have the
more. We passed, as you know, this those that are having the most dif- Women’s Business Centers. Yes, we
past December in the Omnibus legisla- ficulty surviving in this climate. And have the Small Business Development
tion another round of help for Amer- they had a much more real—by Execu- Centers. But we need more help. I
ica’s small businesses. This time, it tive order or by administrative action, think the record has shown that.
was $325 billion of additional help. they now have a much more realistic Then, lastly, let me say, yes, we need
We provided additional eligibility for formula for the self-employed as to to pass the American Rescue Plan for
entities that had not qualified before how much they can receive under a the direct help to small businesses, but
for the Paycheck Protection Program, PPP loan. They were able to do that they also need our economy to return
and we provided a second round of the through Executive action, and they re- to some degree of normalcy. That is
Paycheck Protection Program. But we moved the discriminatory nature why there is help for opening our
targeted that second round to those against returning citizens being able to schools, help for State and local gov-
small businesses that were in under- qualify for these forgivable loans. ernments, help for families with direct
served communities, minority commu- The Biden administration has taken payments and unemployment insur-
nities, and the smaller of the small action. Now it is necessary for us to ance, SNAP benefits, COBRA protec-
ctelli on DSK11ZRN23PROD with SENATE
businesses. We helped mission lenders, take action and come in with the tion; why the vaccine distribution is so
such as CDFIs and minority depository American Rescue Plan. We need to pass important, the Medicaid expansion,
institutions so that we could really try it, $50 billion of additional help di- housing assistance. And I could go on
to reach the underserved communities. rectly—directly—to small businesses to and on and on.
And we established a program for make the EIDL Advance really work America needs the American Rescue
shuttered venues. Why? Because shut- for those in low-income communities Plan, and they need it now. Democrats
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1227
worked with the Trump administration ducing personal protective equipment, have the pandemic behind us by sum-
so that we could get help during that and put money into testing and other mer, as we had hoped.
administration. Republicans need to public health measures. PPP, EIDL, EIDL Advance grants,
join us in helping the American people. Because we recognized then, and now, and the SBA Debt Relief program
Let’s pass the American Rescue Plan, that we have a responsibility as the helped save many small businesses.
and let’s do that as soon as possible. federal government to control the pan- We only need to look at the numbers.
Mr. President, I rise today to go over demic. Since the creation of PPP last
with our colleagues the importance of So the very first bill we passed in re- March, SBA has approved more than 7
the American Rescue Plan as it relates sponse to the pandemic made small million PPP loans worth more than
to small businesses. businesses affected by the pandemic el- $678 billion. Most of those funds went
As every member of this Chamber igible for the Economic Injury Disaster directly to the millions of employees
knows, small businesses are the growth Loan program. at those small businesses to care for
engine of the American economy. Traditionally used to help small busi- themselves and their families. SBA has
Small businesses are where jobs are nesses recover from a natural disaster approved more than 3.7 million EIDL
created—creating two of every three like a hurricane or a tornado, EIDL applications providing loans worth
new jobs and employing almost half of provides low interest, long-term—up to more than $200 billion.
the Nation’s private sector workforce 30 years—loans to help businesses re- The EIDL Advance grant program
during the years leading up to the pan- cover. has exhausted its initial $20 billion ap-
demic. IT was important that we include propriation.
Just as important as the jobs they EIDL as a tool in the Small Business In the months since these programs
create, small businesses are where in- Administration’s toolkit, because we have been up-and-running, Mr. Presi-
novation happens in our economy. knew small businesses would need the dent, we have learned many lessons
They are the entities that are figuring flexible, patient capital provided by that we must now deploy in order to
out better, more efficient ways of doing EIDL. finish the job of ensuring that small
things. Next we passed the CARES Act, businesses are protected through this
Mr. President, we are 1 week away which provided more than $370 billion pandemic.
from the 1-year anniversary of the his- in direct aid to small businesses bear- We learned that the historic barriers
toric day on March 11 of last year when ing the costs of keeping us safe. that small businesses in underserved
the World Health Organization de- It created the Paycheck Protection communities, especially Black- and
clared COVID–19 a global pandemic. Program, a bipartisan program de- Latino-owned small businesses, do not
In the year since, we have seen small signed to keep employees on payroll. have relationships with the traditional
businesses nationwide struggle, but we And we appropriated $350 billion to the banking institutions that make PPP
have also seen their creativity and in- program. loans.
genuity on display. We have seen the We did this because we recognized at Senator SHAHEEN and I were con-
restaurants that have moved to the time that while a business could cerned about this as we wrote the
curbside pick-up and online deliveries lay off workers who could then collect CARES Act, which is why we put a pro-
because it is unsafe to have in-person unemployment, it would be better to vision in the bill that required SBA to
dining. keep them on payroll. issue guidance to banks participating
These small businesses are the reason PPP provided an immediate influx of in PPP to prioritize loan applications
why our economy is performing at the aid to small businesses through forgiv- from underserved small businesses.
level it is, which may not be the level able loans equivalent to 2 months of Unfortunately, SBA did not do that,
we want it to be, but the ingenuity of payroll costs that could be used pri- which led the SBA IG to issue report
these small businesses have put us in a marily for payroll, but for other busi- that found that SBA’s implementation
much better position. ness expenses as well. For small busi- of PPP ‘‘did not fully align’’ with the
But Mr. President, there is another nesses that used the appropriate por- Congressional intent of the CARES
characteristic of small businesses that tion of their PPP loan for payroll, the Act.
I think we all understand. loan would be forgiven. In response to SBA’s failure to issue
We all understand that they don’t To complement EIDL and PPP, we that guidance, a group of stakeholders
have the same degree of resiliency as created the EIDL Advance grant pro- advocating on behalf of minority busi-
larger businesses, because they operate gram for those small businesses that nesses started a group known as the
on razor-thin margins, they don’t have were unable to take out a loan because Page 30 Coalition, because the provi-
deep pockets, and as a result, they they were struggling to pay their exist- sion I talked about was on page 30 of
often struggle to find outside financ- ing loans. the CARES Act.
ing. So when our economy hits a bump The EIDL Advance program would PPP wasn’t the only program harmed
in the road, small businesses suffer the provide grants up to $10,000 for our by the way it was implemented by the
most. most vulnerable small businesses. For Trump administration.
So Mr. President, when the impact many businesses, the grants were a The Trump administration hindered
COVID–19 would have on our economy lifesaver that provided an immediate the utility of EIDL by capping loans at
became clear last year, it was particu- cash infusion without having to worry $150,000, which is far below the $2 mil-
larly important for us to respond to about additional loans of their books. lion cap that is in statute.
help our small businesses so that when We also created the SBA Debt Relief And EIDL Advance grants were made
we get out of this pandemic, when our program to cover the monthly pay- less useful to small businesses due to
economy returns, our small businesses ments on new and existing traditional the Trump administration’s decision to
emerge in a position to help our econ- SBA loans, including SBA 7(a) and 504 provide EIDL applicants with $1,000 per
omy recover, and continue to grow. loans. employee for up to 10 employees, in-
We had to support our small busi- Mr. President, the CARES Act was stead of the $10,000 grant provided by
nesses, because the public health re- signed on March 27, and according to the CARES Act.
strictions on public gatherings—which SBA, more than $340 billion in PPP So I was pleased that we finally lived
have saved thousands of lives and kept loans were approved by April 16— up to our overdue responsibility to pass
our communities safe—have been espe- roughly 3 weeks after the bill was more economic aid in December. The
cially challenging for small businesses. signed. bipartisan $900 billion relief bill pro-
So Congress had to respond, and we So we had to appropriate additional vided an additional $325 billion in aid
ctelli on DSK11ZRN23PROD with SENATE
did. Our first major response was the funds for the program due to the de- to small businesses and included provi-
CARES Act—a bold, bipartisan bill mand for the loans. We also made PPP sions to make PPP a more useful pro-
that was created to help small busi- more flexible for small businesses in gram for more of our most vulnerable
nesses, families, and create a ‘‘Mar- recognition of the fact that our Nation small businesses.
shall Plan’’ for healthcare, which put would be confronting the pandemic for The bill provided $284 billion for first
money into vaccine development, pro- months to come and that we would not and second PPP loans, and it set aside
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S1228 CONGRESSIONAL RECORD — SENATE March 5, 2021
$15 billion for mission lenders, as well places were closed for business tempo- business owners apply for the programs
as another $15 billion set-aside for cer- rarily, or for good, and the sector fin- that best meet their needs.
tain smaller financial institutions, ished 2020 nearly 2.5 million jobs below They are a good complement to
such as credit unions and farm credit its pre-COVID level. And at the peak of SBA’s existing resource partners, such
institutions. initial closures last year, the group es- as the Women’s Business Centers and
The bill also made SBA’s 7(a) and 504 timates that up to 8 million restaurant Small Business Development Centers.
loan programs more affordable for bor- employees were laid off or furloughed. Mr. President, President Biden prom-
rowers and less risky for lenders; those The live events industry also needs ised the American people that help is
programs helped jumpstart the econ- additional support, because they are on the way, and that is exactly what
omy following the Great Recession. the most reliant on large crowds to we intend to do by passing the Amer-
The bill provided $20 billion for tar- turn a profit, and businesses in the sec- ican Rescue Plan into law.
geted EIDL Advance grants that will tor often support hundreds of jobs, both It is a bold approach, because the
be provided to small businesses in eli- directly and through their relation- problems we are facing are so great. We
gible low-income communities. For ships with other businesses. must pass this bill immediately.
small businesses in these communities In my home state of Maryland, for With that, I yield the floor.
that already received an EIDL Advance example, Merriweather Post Pavilion The PRESIDING OFFICER. The Sen-
grant, SBA will provide them with the in Howard County supports nearly 1,000 ator from South Carolina.
difference for a full $10,000 grant. jobs across the State. Mr. GRAHAM. Mr. President, a vote-
And we extended the Small Business We must also expand support to more arama is upon us. Stay hydrated. Try
Debt Relief Program for several more nonprofits, because the job losses to keep good cheer. We are going to
months, which freed up cash flow for caused by the pandemic have not been have lots of amendments today and
small businesses to use for working limited to the for-profit entities. Ac- kind of talk about where we differ on
capital. cording to a report from the Johns certain things, which will be good for
Mr. President, I am proud to share Hopkins University, there are nearly 1 the country.
that the changes to PPP are already million fewer nonprofit jobs today than What I hate the most is that we are
yielding results. there were in February of last year, in- doing a partisan COVID bill for the
Data from SBA on this current round cluding the 50,000 jobs lost by the non- first time as a nation, and I don’t know
of PPP shows lower loan averages, profit sector in December. The report why because on March 5, 2020, 96 to 1,
which indicates that more of the small- projects that it will take 18 months to we appropriated $8 billion when we had
er, more vulnerable small businesses regain the nonprofit jobs lost during just begun to understand what COVID
are receiving loans this time than they the pandemic. was about; March 18, $355 billion, 90 to
did during the initial months of PPP. It goes without saying that getting 8; March 25, $1.9 trillion.
I was very proud last week after the these jobs back as quickly as possible So March 5 and 25, we spent well over
Biden Administration announced steps will be key to a swift, robust recovery. $2 trillion, with the average vote 96 to
it was taking to make PPP a more eq- And enacting the American Rescue 1, 90 to 8, and 96 to 0. In April we spent
uitable program and provide relief to Plan will help us do just that. $355 billion by voice vote; September
the many of Black- and Latino-owned What these small businesses need 30, 2020, $8 billion, 84 to 10; December
small businesses that were left out of, more of however, are not loans, but 21, 2020, $1.04 trillion, 92 to 6.
or underfunded, during previous rounds grants. So it is not like we can’t work to-
of relief. That is why the American Rescue gether on COVID. You had a Repub-
The changes include a 14–day dedi- Plan includes $15 billion for targeted lican President, you had a Republican
cated window for small businesses with EIDL grants to provide hard-hit, un- Senate, and a Democratic House, and
fewer than 20 employees to apply for derserved small businesses with in- we were able to come together as a na-
PPP; an improved loan calculation for- creased flexible grant relief, which will tion. But that is all over now because
mula for sole proprietors, independent be particularly helpful for very small my Democratic colleagues have chosen
contractors, and self-employed individ- businesses and sole proprietors. to go another way because they can.
uals; and the elimination of an unnec- This provision is especially impor- They have all the power. They have the
essary restriction that prevented small tant for minority-owned businesses, House, the Senate, and the White
business owners with a prior non-fraud which are more likely to be sole propri- House.
felony conviction from obtaining a etors and have fewer employees on av- They have chosen to do a $1.9 trillion
PPP loan. erage. package without any effort at all, in
These changes will help many small The American Rescue Plan will also my view, to try to find common
businesses secure the aid they need. create a $25 billion dedicated grant re- ground. Ninety percent of this money
Now is the time to seize on that mo- lief program for restaurants, and it will has got zero to do with COVID. It is a
mentum. provide an additional $1.25 billion to liberal wish list, and every time Sen-
The American Rescue Plan will de- the Shuttered Venue Operators Grant ator SCHUMER says it is not, it makes
ploy an additional $50 billion to the program, which was created by the De- me believe it is.
communities and industries that still cember bill. So another point for the American
need help, and are likely to need con- The American Rescue Plan will ex- people: Of all the money I just de-
tinuing support in the months to come. pand PPP eligibility to additional non- scribed to you that we appropriated in
Mr. President, this bill is necessary profits that are providing essential so- a bipartisan fashion, we haven’t spent
right now, because the industries that cial services, as well as digital news it all yet, but we are going to spend $1.9
have been hardest hit by the pandemic services that are keeping our commu- trillion even though we haven’t spent
are also the industries that will take nities informed about the pandemic. the earlier money.
the longest to resume full operations The plan provides SBA with an addi- Of the administrative actions, we
after the pandemic—some of which are tional $1.325 billion in administrative have got still $200 billion left to spend.
reliant on large crowds to turn a profit; funding to implement and scale up Of the legislative appropriations, we
others because they are already strug- these grant programs. appropriated $4.1 trillion; we have got a
gled to access capital before the pan- And lastly, the plan provides $175 trillion we haven’t spent yet, but we
demic, and will only be worse off after million for a community navigator are going to spend $1.9 trillion more be-
it. pilot program designed to help small fore we spend what we spent in the
It is vital that we provide additional businesses in underserved and under- past.
ctelli on DSK11ZRN23PROD with SENATE
funding to these industries, because banked communities access the The Federal Reserve set aside $5.9
they have accounted for a large portion COVID–19 resources available to them. trillion to help business. They have
of the jobs lost during the pandemic. If we remember from the Affordable only spent $2.8 trillion, so there is a lot
According to the National Res- Care Act, community navigators help more capability there.
taurant Association, as of December of get information out to hard-to-serve The economy is showing signs of life.
last year, 110,000 eating and drinking communities, and they will help small The vaccine is out. Things are looking
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1229
better. It seems to me we would want dented crises and because the Amer- about $1,400? That is not a lot of
to slow down and wisely spend the ican people are reaching out to us, and money. You go to a corporate lunch, a
money not spent before we embark on they are saying: We are hurting. We bunch of people come in, and they can
a $1.9 trillion spending spree. are in desperate condition, and we need spend $1,400 on a lunch.
Most of it doesn’t have much to do, if help from the Federal Government. But if you are struggling to put food
anything, with COVID. They are doing That is why we are responding. on the table for your kids, that $5,600
it because they can, and there will be a Half a million people have died in for a family of four is life and death; it
lot of amendments talking about bet- this country from COVID, and many is dignity or desperation.
ter ways to spend this money. millions more have been made ill. And People are wondering: How am I
The minimum wage has been dropped what the long-term impact of those ill- going to pay the rent that I owe after
out, but here is what is in this bill: $20 nesses are nobody at this point knows, the rent moratorium, the eviction mor-
million for the preservation and main- but certainly no one will deny that we atorium expires? How am I going to
tenance of Native American languages. have a pandemic crisis. feed my kids? How am I going to take
That might be something we want to Our job is to make sure that we care of the basic necessities of life?
do, but we should go through the ap- produce the vaccines that the Amer- So, yes, we are providing $1,400 per
propriations process, have hearings, ican people desperately need and that working-class family because that is
not put it on a COVID bill. we develop an effective mechanism to desperately needed.
And $135 million for the National En- get it into the arms of the American So when the Senator says: Well, why
dowment for the Arts. It may be some- people. And the truth is—I want to are we spending all of this money? The
thing we want to do, but not on a thank the President and his team—we answer is because we are living in the
COVID bill. And $135 million for the have made progress in the last month, most difficult moment in the modern
National Endowment for Humanities. but we still have a long, long way to history of this country and, arguably,
Again, the same concept. About $200 go. To produce the vaccines, to hire the even a more difficult moment than the
million for the Institute of Museum people who will make sure that people Great Depression of the 1930s. People
and Library Services. What has that get those vaccines, inject people with are hurting, and, in a democratic soci-
got to do with COVID? Nothing. the vaccines, it is going to take money. ety, government is supposed to respond
PPP loans for labor unions, paid Everybody in this Senate and, I as- to the people who sent us here.
leave fund for Federal employees, an sume, in the country wants our kids to Now, I know that there is con-
$86 billion bailout for union pensions. get back to school. Well, you just can’t troversy, and Senator GRAHAM raised
What has that got to do with COVID? open the schools unless they are safe. this issue. Democrats have a majority,
Nothing. And $350 billion for blue Parents are not going to send their a bare majority with the Vice Presi-
States. We changed the formula under kids back to those schools. Teachers dent—51 votes. Why are we not working
this bill—dramatically different than are not going to teach. Childcare work- with our Republican colleagues? We
the one we passed 96 to 0. ers are not going to provide the care have reached out time and time and
So I could go on and on. Money for that the little ones need. time again. The President has reached
schools. Most of the money in this And do you know what? To make out: Work with us. But you have got to
bill—$129 billion for K–12—only $6.4 bil- those schoolrooms and school buildings understand the severity of the crisis,
lion is to be distributed this year. Most safe is going to require resources, but, and they have not done this.
of the money is spent from 2022 to 2028. for the sake of our children, we need to Using reconciliation, by the way, as
Hopefully we will get control of COVID reopen the schools as quickly as pos- the Presiding Officer well knows, is not
by 2028. Again, this is an opportunity sible and do it in a safe way. a new idea. When our Republican col-
to spend money on things not related There is money in this bill—Senator leagues had the majority, they used
to COVID because they have the power GRAHAM didn’t mention it—to make reconciliation. What did they use it
to do so. sure that, this coming summer, school for? They used it for massive tax
It is going to be a long day. We are districts all over this country have the breaks for the rich. That is what they
going to be talking about reprioritizing resources to provide strong, well- used reconciliation for. They used rec-
money. We are going to try to strike staffed summer programs so kids who onciliation in order to try to throw 32
provisions from this bill, money that have missed significant amounts of million Americans off the Affordable
comes from hard-working taxpayers, school can make up some of what they Care Act, something that Trump was
being spent in a way unrelated to have lost, in addition to getting some fervent about. And by one vote—Sen-
COVID. recreation and associating with their ator McCain—we prevented 32 million
So stay tuned. Keep good cheer. Stay fellow young people in a way that is people from losing their health insur-
hydrated. But this is a debate worth safe. ance through the reconciliation proc-
having, and I regret very much that we There was a poll that came out just ess.
could not find common ground here. To last week. It was rather shocking at So our response is, you want unity?
find it, you have to seek it. And this is what it said. It said that 63 percent of Well, do you know what? We probably
the one area where we were doing a the American people are living pay- have more unity today in America
pretty damn good job, I thought, work- check to paycheck. around this package than anything
ing together as Republicans and Demo- Senator GRAHAM says: Why are we that I can remember. The polls vary:
crats, spending a lot of money because spending all of this money? The answer 65, 70 percent of the American people
there was a need out there. is we don’t believe that children in understand the crisis we are facing.
Today we are going to spend a lot of America should go hungry. We don’t They want us to respond. This legisla-
money, most of it not related to believe that working people should be tion is enormously popular, not just
COVID, and it is going to be along par- evicted from their apartments or lose from progressives, not from moderates,
tisan lines. It is unfortunate, but it is their homes. We don’t believe that, in but from Republicans, as well, depend-
the choice my Democratic colleagues the midst of a pandemic, people should ing on the poll.
made. And we are going to hold them not be able to afford to go to a doctor. Forty, fifty percent more Repub-
to that choice. So making sure that people have licans support it because they can’t af-
With that, I yield the floor. those direct payments, yeah, we be- ford to pay their rent. They can’t af-
The PRESIDING OFFICER. The Sen- lieve in that. We believe that if a fam- ford to go to the doctor. They under-
ator from Vermont. ily is struggling today through no fault stand that government has to help.
Mr. SANDERS. Mr. President, my of their own, having lost their income, So the real question here—and Presi-
ctelli on DSK11ZRN23PROD with SENATE
colleague, the ranking member, Sen- yeah, we are going to get them a check dent Biden has raised this issue—is, we
ator GRAHAM, says: Why?—$1.9 trillion, for 1,400 bucks and a family of four a believe in unity, we believe in bringing
a lot of money. We have spent money check for $5,600. people together. How does it happen
over the last year. He is right. Why did There are a lot of people in this coun- that when 40, 50 percent of Republicans
we spend the money? The answer is be- try who are doing very well, and they support this legislation, we can’t get
cause we are facing a series of unprece- are wondering: What is this big deal one vote from Republicans here? What
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S1230 CORRECTION CONGRESSIONAL RECORD — SENATE March 5, 2021
is going on? And the answer is, I am into October. My understanding is, the Gillibrand Menendez Schatz
Heinrich Merkley Schumer
afraid, that my Republican colleagues Republican side will offer an amend- Hickenlooper Murphy Smith
have moved so far to the right that ment that will not prevent this tax Hirono Murray Stabenow
they have lost contact with the needs surprise. Kaine Ossoff Van Hollen
of working families. Kelly Padilla Warner
I am going to keep working on auto- Klobuchar Peters Warnock
As I said earlier, this legislation is matic triggers. In my view, that is the Leahy Reed Warren
not just about dealing with the pan- best way to manage this program going Luján Rosen Whitehouse
demic and healthcare. It is not just forward. But as for this debate, I urge Markey Sanders Wyden
dealing with the severe economic all my colleagues to support this NAYS—58
downturn that we are facing. It is not amendment. Barrasso Grassley Risch
just dealing with the disruption of edu- The PRESIDING OFFICER (Mr. DUR- Blackburn Hagerty Romney
cation in America and so much more. BIN). The Senator from South Carolina. Blunt Hassan Rounds
Boozman Hawley Rubio
It is not just dealing with the worst Mr. GRAHAM. The Republicans yield Braun Hoeven Sasse
moment in the modern history of this back their time. Burr Hyde-Smith Scott (FL)
country. This amendment, this legisla- The PRESIDING OFFICER. Time is Capito Inhofe Scott (SC)
tion, has everything to do with restor- Carper Johnson Shaheen
yielded back. Cassidy Kennedy
ing the confidence of the American Shelby
Mr. SANDERS. I yield back my time Collins King
Sinema
people in democracy and in their gov- as well. Coons Lankford
Cornyn Sullivan
ernment. And if we can’t respond to Lee
The PRESIDING OFFICER. All time Cotton Lummis Tester
the pain of working families today, we is yielded back. Cramer Manchin Thune
don’t deserve to be here. The Senator from South Carolina. Crapo Marshall Tillis
Senator GRAHAM said it is going to be Cruz McConnell Toomey
POINT OF ORDER Tuberville
a long night. Bring it on. We are ready. Daines Moran
Mr. GRAHAM. Mr. President, the Ernst Murkowski Wicker
But at the end of the day, we are going Fischer Paul Young
budgetary effects of the pending
to do what the American people want, Graham Portman
amendment, 972, offered by Senator
what the American people need. We are The PRESIDING OFFICER (Mr. DUR-
SANDERS, are merely incidental to the
going to pass the American Rescue BIN). On this vote, the yeas are 42, the
nonbudgetary effects of the amend-
Plan. nays are 58.
Mr. WYDEN. Mr. President, later ment. Accordingly, the amendment is
extraneous. Therefore, I raise a point Three-fifths of the Senators duly cho-
today the Senate will vote on an sen and sworn not having voted in the
amendment put forward by Senator of order against this measure pursuant
to section 313(b)1(D) of the Congres- affirmative, the motion to waive all
CARPER and myself dealing with an ex- applicable budgetary discipline with
tension of enhanced unemployment sional Budget Act of 1974.
The PRESIDING OFFICER. The Sen- respect to the Senator from Vermont’s
benefits. amendment No. 972 is rejected.
Some Members of the Senate wanted ator from Vermont.
MOTION TO WAIVE
The point of order is sustained and
to hold the enhanced weekly benefit at the amendment falls.
$300 per week. My preference would Mr. SANDERS. Mr. President, in ac- The amendment (No. 972) was re-
have been to set it at $400 per week on cordance with section 904 of the Con- jected.
the longest extension possible and then gressional Budget Act of 1974 and the The PRESIDING OFFICER. The ma-
later tie benefits to economic condi- waiver provisions of all applicable jority leader.
tions on the ground with automatic budget resolutions, I move to waive all Mr. SCHUMER. Mr. President, the
triggers. With the amendment coming applicable sections of that act and ap- agreement that has been reached will
later today, I believe Members have plicable budget resolutions for pur- allow us to move forward with the
reached a solution that accomplishes poses of amendment No. 972, and I ask American Rescue Plan, and voting will
two key goals. for the yeas and nays. resume shortly.
First, it is a longer extension of bene- The PRESIDING OFFICER. Is there a Senate Democrats are completely
fits than the House bill that avoids cre- sufficient second? united in our belief about how impor-
ating a new August cliff. It would ex- There appears to be a sufficient sec- tant this entire bill is for our fellow
tend the weekly benefit at $300 per ond. Americans; for getting the vaccine to
week into early October, including pan- The question is on agreeing to the our people; for reopening our schools;
demic benefits for gig workers and the motion. for keeping American workers, fami-
self-employed. I have said time and The clerk will call the roll. lies, and businesses afloat; and for put-
again that having an expiration in the The bill clerk called the roll. ting our country on the road to a
middle of August, when Senators are (Mr. PADILLA assumed the Chair.) strong recovery.
home, would be a prescription for trou- (Ms. CORTEZ MASTO assumed the Now that this agreement has been
ble, and this option avoids the poten- Chair.) reached, we are going to power through
tial of benefits expiring for millions of (Mr. BLUMENTHAL assumed the the rest of the process and get this bill
Americans with no way to extend Chair.) done. Make no mistake, we are going
them. (Mr. KELLY assumed the Chair.) to continue working until we get the
Second, it would prevent a tax sur- (Mrs. SHAHEEN assumed the Chair.) job done.
prise for millions of Americans who re- (Ms. CANTWELL assumed the Chair.) I yield the floor.
ceived unemployment benefits in 2020. (Mr. WHITEHOUSE assumed the The PRESIDING OFFICER. The Re-
The first $10,200 of the unemployment Chair.) publican leader.
benefits they received last year would (Ms. HIRONO assumed the Chair.) Mr. MCCONNELL. Mr. President, par-
be exempt from income tax. People (Mr. MANCHIN assumed the Chair.) liamentary inquiry: At what time did
who already filed their taxes and found (Mrs. MURRAY assumed the Chair.) the previous vote on the Senator’s
out that they owed tax on their unem- (Mr. BENNET assumed the Chair.) amendment begin?
ployment income would be able to file The PRESIDING OFFICER. The vote
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
(Ms. ROSEN assumed the Chair.)
an amended return to get back the dif- (Ms. KLOBUCHAR assumed the began at 11:03 a.m.
ference. Chair.) Mr. MCCONNELL. How much total
This will wipe out taxes owed on last The result was announced—yeas 42, time elapsed during the floor vote on
year’s unemployment income for most nays 58, as follows: the Senator’s amendment?
people who received it, saving them po- [Rollcall Vote No. 74 Leg.]
The PRESIDING OFFICER. Eleven
tentially thousands of dollars. That is hours and 50 minutes.
YEAS—42
a big economic benefit for the people Mr. MCCONNELL. Well, my good-
Baldwin Brown Cortez Masto ness, this has been quite a start, quite
hardest hit by the COVID crash, and Bennet Cantwell Duckworth
jobless Americans will also have the Blumenthal Cardin Durbin a start to this fast-track process. They
certainty of enhanced benefits running Booker Casey Feinstein were in a big hurry. We started voting
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1231
on the first amendment, as the Parlia- Capito Hoeven Romney title, any payment of pandemic unemploy-
Cassidy Hyde-Smith Rounds ment assistance under such section 2102
mentarian said, right after 11 a.m. The Collins Inhofe Rubio
Democratic leader held the vote open made after the date of enactment of this Act
Cornyn Johnson Sasse to such individual during an appropriate pe-
all day so they could try to figure out Cotton Kennedy Scott (FL) riod of time, as determined by the Secretary
what was going on with their own leg- Cramer Lankford Scott (SC)
Crapo Lee of Labor, that should have been made under
islation that they want to pass only Shelby
Cruz Lummis Thune
such section 2107 shall not be considered to
with their votes. Daines Marshall
Tillis be an overpayment of assistance under such
Now, the last time we had a long Ernst McConnell section 2102, except that an individual may
Toomey
Fischer Moran not receive payment for assistance under
string of amendment votes was just a Graham Murkowski
Tuberville
couple weeks ago. We considered about Wicker section 2102 and a payment for assistance
Grassley Paul
Young under section 2107 for the same week of un-
40 amendments. So if you multiply 11 Hagerty Portman
employment.
Hawley Risch
hours of scrambling times 40 amend- (d) EFFECTIVE DATE.—The amendments
ments, you would land at about 440 NAYS—50 made by subsections (a) and (b) shall apply
hours. That is about 18 days with zero Baldwin Hickenlooper Reed as if included in the enactment of the
breaks. Bennet Hirono Rosen CARES Act (Public Law 116–136), except that
So, look, the whole idea behind this, Blumenthal Kaine Sanders no amount shall be payable by virtue of such
Booker Kelly Schatz amendments with respect to any week of un-
I gathered from listening to them over Brown King Schumer employment commencing before the date of
the last few weeks, was to use the cri- Cantwell Klobuchar Shaheen the enactment of this Act.
sis to jam through what the White Cardin Leahy Sinema
Carper Luján SEC. 9012. EXTENSION OF EMERGENCY UNEM-
House Chief of Staff called ‘‘the most Smith PLOYMENT RELIEF FOR GOVERN-
Casey Manchin
Stabenow MENTAL ENTITIES AND NONPROFIT
progressive domestic legislation in a Coons Markey
Tester ORGANIZATIONS.
generation.’’ A little tougher than they Cortez Masto Menendez
Van Hollen
Duckworth Merkley (a) IN GENERAL.—Section 903(i)(1)(D) of the
thought it was going to be, isn’t it? It Durbin Murphy Warner Social Security Act (42 U.S.C. 1103(i)(1)(D)) is
turned out to be a little bit tougher. Feinstein Murray Warnock amended by striking ‘‘March 14, 2021’’ and in-
Well, what this proves is there are Gillibrand Ossoff Warren
serting ‘‘July 18, 2021’’.
Hassan Padilla Whitehouse (b) INCREASE IN REIMBURSEMENT RATE.—
benefits to bipartisanship when you are Wyden
Heinrich Peters Section 903(i)(1)(B) of such Act (42 U.S.C.
dealing with an issue of this mag-
nitude. We all remember that we did NOT VOTING—1 1103(i)(1)(B)) is amended—
(1) in the first sentence, by inserting ‘‘and
this five times last year. We did it to- Sullivan
except as otherwise provided in this subpara-
gether. I think there were no more The motion was rejected. graph’’ after ‘‘as determined by the Sec-
than eight votes against any of these The PRESIDENT pro tempore. The retary of Labor’’; and
proposals. We spent about $4 trillion on Senator from Ohio. (2) by inserting after the first sentence the
pandemic relief. Every one passed, as I AMENDMENT NO. 1092 TO AMENDMENT NO. 891
following: ‘‘With respect to the amounts of
said, with 90 or more votes. Not a sin- such compensation paid for weeks of unem-
Mr. PORTMAN. Mr. President, I call ployment beginning after March 31, 2021, and
gle spectacle like today—not one.
up my amendment No. 1092 and ask ending on or before July 18, 2021, the pre-
Exactly 1 year ago, instead of par-
that it be reported by number. ceding sentence shall be applied by sub-
tisan scrambling, we were humming
The PRESIDENT pro tempore. The stituting ‘75 percent’ for ‘one-half’.’’.
with bipartisan work, working on it to- SEC. 9013. EXTENSION OF FEDERAL PANDEMIC
clerk will report the amendment by
gether. We had a bipartisan task force UNEMPLOYMENT COMPENSATION.
number.
building the CARES Act from the bot- (a) IN GENERAL.—Section 2104(e)(2) of the
The bill clerk read as follows: CARES Act (15 U.S.C. 9023(e)(2)) is amended
tom up. We passed the bill 96 to 0.
The Senator from Ohio [Mr. PORTMAN], for by striking ‘‘March 14, 2021’’ and inserting
We were prepared to do yet another
himself and others, proposes an amendment ‘‘July 18, 2021’’.
bill on a bipartisan basis. Several of numbered 1092 to amendment No. 891. (b) AMOUNT.—Section 2104(b)(3)(A) of such
our Members went down to the White Act (15 U.S.C. 9023(b)(3)(A)) is amended by
House, sat down with the President, The amendment is as follows:
adding at the end the following:
laid out a proposal we thought made (Purpose: To reduce unemployment
‘‘(iii) For weeks of unemployment ending
compensation provisions)
sense given where we were now. But, after March 14, 2021, and ending on or before
no, they wanted to do it the hard way. Strike parts 1 and 2 of subtitle A of title IX July 18, 2021, $300.’’.
and insert the following: SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
Wanted to do it the hard way.
PART 1—EXTENSION OF CARES ACT ING OF THE FIRST WEEK OF COM-
So now they want to begin the vote- PENSABLE REGULAR UNEMPLOY-
UNEMPLOYMENT PROVISIONS
arama that could have been done in MENT FOR STATES WITH NO WAIT-
daylight because of their own confu- SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY- ING WEEK.
MENT ASSISTANCE. (a) IN GENERAL.—Section 2105(e)(2) of the
sion and the challenges of getting to-
(a) IN GENERAL.—Section 2102(c) of the CARES Act (15 U.S.C. 9024(e)(2)) is amended
gether 50 people to agree on something CARES Act (15 U.S.C. 9021(c)) is amended— by striking ‘‘March 14, 2021’’ and inserting
when they could have been doing it (1) in paragraph (1)— ‘‘July 18, 2021’’.
quicker on a bipartisan basis. (A) by striking ‘‘paragraphs (2) and (3)’’ (b) FULL REIMBURSEMENT.—Paragraph (3)
MOTION TO ADJOURN and inserting ‘‘paragraph (2)’’; and of section 2105(c) of such Act (15 U.S.C.
Mr. President, so rather than start (B) in subparagraph (A)(ii), by striking 9024(c)) is repealed and such section shall be
‘‘March 14, 2021’’ and inserting ‘‘July 18, applied to weeks of unemployment to which
the voting at 5 minutes to 11, I move to 2021’’; and an agreement under section 2105 of such Act
adjourn until 10 a.m. tomorrow, and I (2) by striking paragraph (3) and redesig- applies as if such paragraph had not been en-
ask for the yeas and nays. nating paragraph (4) as paragraph (3). acted.
The PRESIDING OFFICER. Is there a (b) INCREASE IN NUMBER OF WEEKS.—Sec- SEC. 9015. EXTENSION OF EMERGENCY STATE
sufficient second? tion 2102(c)(2) of such Act (15 U.S.C. STAFFING FLEXIBILITY.
There appears to be a sufficient sec- 9021(c)(2)) is amended— If a State modifies its unemployment com-
ond. (1) by striking ‘‘50 weeks’’ and inserting pensation law and policies, subject to the
The clerk will call the roll. ‘‘74 weeks’’; and succeeding sentence, with respect to per-
(2) by striking ‘‘50-week period’’ and insert- sonnel standards on a merit basis on an
The legislative clerk called the roll. ing ‘‘74-week period’’. emergency temporary basis as needed to re-
(Ms. BALDWIN assumed the Chair.) (c) HOLD HARMLESS FOR PROPER ADMINIS- spond to the spread of COVID–19, such modi-
Mr. THUNE. The following Senator is TRATION.—In the case of an individual who is fications shall be disregarded for the pur-
necessarily absent: the Senator from eligible to receive pandemic unemployment poses of applying section 303 of the Social
Alaska (Mr. SULLIVAN). assistance under section 2102 of the CARES Security Act and section 3304 of the Internal
ctelli on DSK11ZRN23PROD with SENATE
The result was announced—yeas 49, Act (15 U.S.C. 9021) as of the day before the Revenue Code of 1986 to such State law. Such
nays 50, as follows: date of enactment of this Act and on the modifications shall only apply through July
date of enactment of this Act becomes eligi- 18, 2021, and shall be limited to engaging of
[Rollcall Vote No. 75 Leg.] ble for pandemic emergency unemployment temporary staff, rehiring of retirees or
YEAS—49 compensation under section 2107 of the former employees on a non-competitive
Barrasso Blunt Braun CARES Act (15 U.S.C. 9025) by reason of the basis, and other temporary actions to quick-
Blackburn Boozman Burr amendments made by section 9016(b) of this ly process applications and claims.
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S1232 CONGRESSIONAL RECORD — SENATE March 5, 2021
SEC. 9016.
EXTENSION OF PANDEMIC EMER- ruary and that the unemployment rate those who truly need it, promotes bet-
GENCY UNEMPLOYMENT COM-
PENSATION.
dropped to 6.2 percent. The nonpartisan ter stewardship of our taxpayer dollars,
(a) IN GENERAL.—Section 2107(g) of the Congressional Budget Office and the and encourages those who can return
CARES Act (15 U.S.C. 9025(g)) is amended to consensus of economists is that unem- to work to do so. I urge its adoption.
read as follows: ployment will continue to trend lower. (Applause.)
‘‘(g) APPLICABILITY.—An agreement en- It underscores what the CBO has said The PRESIDING OFFICER (Ms.
tered into under this section shall apply to recently, which is that, without any BALDWIN). The senior Senator from Or-
weeks of unemployment— additional stimulus, the economy will egon.
‘‘(1) beginning after the date on which such
agreement is entered into; and
recover to prepandemic levels by mid- Mr. WYDEN. Madam President, yes-
‘‘(2) ending on or before July 18, 2021.’’. year, this year—that is June 30—not in terday, the Senate learned that there
(b) INCREASE IN NUMBER OF WEEKS.—Sec- September as the Democrats’ approach were 745,000 new unemployment
tion 2107(b)(2) of such Act (15 U.S.C. would suggest. claims—higher than the worst week of
9025(b)(2)) is amended by striking ‘‘24’’ and Look at your own States. Employers the great recession. Yet the Portman
inserting ‘‘48’’. are looking to hire people. ‘‘Help want- amendment is a double whammy on
(c) COORDINATION OF PANDEMIC EMERGENCY ed’’ signs are up. As the economy starts workers—a much faster cutoff of bene-
UNEMPLOYMENT COMPENSATION WITH EX-
to improve, we want to get people back fits and absolutely no help with the
TENDED COMPENSATION.—Section 2107(a)(5)(B)
of such Act (15 U.S.C. 9025(a)(5)(B)) is amend- to work. nasty tax surprise millions of working
ed by inserting ‘‘or for the week that in- Adding to the good news, President families will find when they file their
cludes the date of enactment of the Amer- Biden now tells us that vaccines will be taxes in the next few weeks.
ican Rescue Plan Act of 2021 (without regard available by the end of May for all who For example, if you have been laid off
to the amendments made by subsections (a) will want them. That will further kick- from your job through no fault of your
and (b) of section 9016 of such Act)’’ after start the economy. own and you are struggling to make
‘‘2020)’’. Despite the better news, as we under-
(d) EFFECTIVE DATE.—The amendments ends meet, you do not have $1,000 to
stand it, the Democrats’ approach ac- pay a surprise tax bill, and the party
made by this section shall apply as if in-
cluded in the enactment of the CARES Act tually extends the generous Federal that claims to be for tax relief for
(Public Law 116–136), except that no amount supplement currently in place until working families offers you absolutely
shall be payable by virtue of such amend- September 6—by the way, even a little nothing.
ments with respect to any week of unem- beyond what is in the $1.9 trillion un- Since the pandemic, Senate Repub-
ployment commencing before the date of the derlying bill. licans have been pushing working fami-
enactment of this Act. I was just told that it has a $31 bil- lies deeper into an economic hole. We
SEC. 9017. EXTENSION OF TEMPORARY FINANC- lion tax increase that affects the so-
ING OF SHORT-TIME COMPENSATION have an alternative that doesn’t hang
PAYMENTS IN STATES WITH PRO-
called passthrough, which is primarily working families out to dry, and we
GRAMS IN LAW. small businesses, to pay for a proposal will be offering it shortly.
Section 2108(b)(2) of the CARES Act (15 to pay people more who are on unem- Working families deserve better than
U.S.C. 9026(b)(2)) is amended by striking ployment insurance. the Portman amendment. Don’t short-
‘‘March 14, 2021’’ and inserting ‘‘July 18, The Democrats’ proposal makes it change those working families tonight.
2021’’. even more advantageous to be on un-
SEC. 9018. EXTENSION OF TEMPORARY FINANC- I urge opposition to this very flawed
employment by changing retroactively amendment.
ING OF SHORT-TIME COMPENSATION
AGREEMENTS FOR STATES WITHOUT a longstanding policy that says UI ben-
VOTE ON AMENDMENT NO. 1092
PROGRAMS IN LAW. efits are taxed as income. You make up
Section 2109(d)(2) of the CARES Act (15 to 10,000 bucks in benefits, tax-free, The PRESIDING OFFICER. The
U.S.C. 9027(d)(2)) is amended by striking even if you have made up to $150,000 a question is on agreeing to the amend-
‘‘March 14, 2021’’ and inserting ‘‘July 18, year. Remember, with that 600 bucks a ment.
2021’’. week Federal supplement, which is Mr. WYDEN. I ask for the yeas and
PART 2—EXTENSION OF FFCRA what it was for a lot of last year when nays.
UNEMPLOYMENT PROVISIONS this would have applied, about 70 per- The PRESIDING OFFICER. Is there a
SEC. 9021. EXTENSION OF TEMPORARY ASSIST-
cent of workers on UI made more than sufficient second?
ANCE FOR STATES WITH ADVANCES. There appears to be a sufficient sec-
Section 1202(b)(10)(A) of the Social Secu- they would have at their jobs. Even at
300 bucks a week, 42 percent of workers ond.
rity Act (42 U.S.C. 1322(b)(10)(A)) is amended
by striking ‘‘March 14, 2021’’ and inserting are making more on UI than they The clerk will call the roll.
‘‘July 18, 2021’’. would make at their jobs. The bill clerk called the roll.
SEC. 9022. EXTENSION OF FULL FEDERAL FUND- Of the essential workers, think of the Mr. THUNE. The following Senator is
ING OF EXTENDED UNEMPLOYMENT truckdrivers who are making 25 bucks necessarily absent: the Senator from
COMPENSATION. Alaska (Mr. SULLIVAN).
an hour. They are being told ‘‘you have
Section 4105 of the Families First The PRESIDING OFFICER (Mr.
Coronavirus Response Act (26 U.S.C. 3304
to pay your taxes,’’ but those who
aren’t working not only get the UI ben- BROWN). Are there any other Senators
note) is amended by striking ‘‘March 14,
2021’’ each place it appears and inserting efits, but now, for the first time ever, in the Chamber desiring to vote?
‘‘July 18, 2021’’. some of that income is actually going The result was announced—yeas 50,
Mr. PORTMAN. I ask unanimous to be tax-free. So you have to pay your nays 49, as follows:
consent that there be 6 minutes of de- taxes, but they don’t. That is not fair. [Rollcall Vote No. 76 Leg.]
bate equally divided. The underlying bill and the Demo- YEAS—50
The PRESIDENT pro tempore. With- crats’ alternative are going to hurt the Barrasso Graham Paul
out objection, it is so ordered. effort to get people back to work. Our Blackburn Grassley Portman
Mr. PORTMAN. Mr. President, every- amendment would extend UI benefits Blunt Hagerty Risch
Boozman Hawley Romney
body around here agrees that the U.S. in a responsible manner at the current Braun Hoeven Rounds
economy is getting better—there is no low level of $300 per week through July Burr Hyde-Smith Rubio
argument about that—and that work- 18. According to the CBO, this will save Capito Inhofe Sasse
ers are needed. Yet, in this massive over $90 billion in outlays and actually Cassidy Johnson Scott (FL)
Collins Kennedy
partisan spending bill, a lot of which is raise $600 million in revenue. Why? Be- Cornyn Lankford
Scott (SC)
not even about COVID–19, the Demo- cause people will be working. That is a Shelby
Cotton Lee
Cramer Thune
crats are insisting on a substantial in- good thing. We should want that. Lummis
Crapo Manchin Tillis
crease to the already extraordinary I urge my colleagues to oppose un- Toomey
ctelli on DSK11ZRN23PROD with SENATE
Cruz Marshall
Federal Government add-on to State necessarily lengthening the time of the Daines McConnell Tuberville
unemployment payments, making it Federal UI supplement that would Ernst Moran Wicker
Fischer Murkowski Young
harder to get people who can go back make it even more advantageous to be
to work. on unemployment and would slow the NAYS—49
Just this morning, we learned that job creation we all want. Our amend- Baldwin Blumenthal Brown
the economy added 379,000 jobs in Feb- ment strikes the right balance. It helps Bennet Booker Cantwell
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1233
Cardin King Schatz Our bill would substantially expand Rosen Sinema Warner
Carper Klobuchar Schumer Sanders Smith Warnock
Casey Leahy Shaheen
the child tax credit and cut child pov- Schatz Stabenow Warren
Coons Luján Sinema erty in this country in half. Our bill Schumer Tester Whitehouse
Cortez Masto Markey Smith provides a full $1,400 direct payment to Shaheen Van Hollen Wyden
Duckworth Menendez Stabenow every working-class adult and their
Durbin Merkley NOT VOTING—1
Tester kids. Under the Collins amendment, if
Feinstein Murphy Van Hollen Sullivan
Gillibrand Murray
Warner
you are a single parent earning $50,000,
Hassan Ossoff you get zero, nothing at all, while mil- The PRESIDING OFFICER. On this
Warnock
Heinrich Padilla
Warren lions of children would receive just $500 vote, the yeas are 48, the nays are 51.
Hickenlooper Peters Three-fifths of the Senators duly cho-
Hirono Reed Whitehouse instead of the full $1,400 payment.
Wyden sen and sworn not having voted in the
Kaine Rosen Our bill provides $130 billion to public
Kelly Sanders affirmative, the motion is not agreed
schools so our kids can get back to
to.
NOT VOTING—1 school and get back safely. The Repub-
The point of order is sustained, and
Sullivan lican alternative does not.
the amendment falls.
The amendment (No. 1092) was agreed Our plan provides $40 billion to col- The amendment (No. 1242) was re-
to. leges and universities, which have al- jected.
The PRESIDING OFFICER. The Sen- ready lost 650,000 jobs, and many The PRESIDING OFFICER. Senator
ator from Maine. are—— SCOTT from South Carolina.
AMENDMENT NO. 1242 TO AMENDMENT NO. 891 The PRESIDING OFFICER. The Sen- AMENDMENT NO. 1030 TO AMENDMENT NO. 891
(Purpose: In the nature of a substitute.) ator’s time has expired.
Mr. SCOTT of South Carolina. Mr.
Ms. COLLINS. Mr. President, I call Mr. SANDERS.—cutting down. The
President, I call up my amendment No.
up my amendment No. 1242, and ask Republican amendment simply does
1030 and ask that it be reported by
that it be reported by number. not do what the American people need
number.
The PRESIDING OFFICER. The right now. I ask for a ‘‘no’’ vote. Oh, I The PRESIDING OFFICER. The
clerk will report. raise a point of order. I am sorry. clerk will report the amendment by
The legislative clerk read as follows: POINT OF ORDER
number.
The Senator from Maine [Ms. COLLINS], for Mr. President, I raise a point of order The bill clerk read as follows:
herself and others, proposes an amendment that the pending amendment produces The Senator from South Carolina [Mr.
numbered 1242 to amendment No. 891. budgetary changes that are merely in- SCOTT of South Carolina], for himself and
(The amendment is printed in today’s cidental to the nonbudgetary compo- Mr. BARRASSO, proposes an amendment num-
RECORD under ‘‘Text of Amendments.’’) nents of the amendment and therefore bered 1030 to amendment No. 891.
Ms. COLLINS. Mr. President, I ask violates section 313(b)(1)(D) of the Con- The amendment is as follows:
unanimous consent for 2 minutes of de- gressional Budget Act of 1974. (Purpose: To improve the bill)
bate, equally divided. The PRESIDING OFFICER. The Sen- Strike section 9818 and insert the fol-
The PRESIDING OFFICER. Without ator from Maine is recognized. lowing:
objection, it is so ordered. MOTION TO WAIVE SEC. 9818. FUNDING FOR STATE STRIKE TEAMS
The Senator will proceed. FOR RESIDENT AND EMPLOYEE
Ms. COLLINS. Mr. President, pursu-
Ms. COLLINS. This amendment pro- SAFETY IN NURSING FACILITIES.
ant to section 904 of the Congressional Section 1919 of the Social Security Act (42
vides $650 billion of immediate relief to
Budget Act, I move to waive, and I ask U.S.C. 1396r) is amended by adding at the end
those Americans who need it most. It
for the yeas and nays. the following new subsections:
is focused on the COVID crisis before
The PRESIDING OFFICER. Is there a ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—
us, not on future unrelated spending In addition to amounts otherwise available,
priorities. The amendment provides sufficient second?
There appears to be a sufficient sec- there is appropriated to the Secretary, out of
$160 billion to bolster vaccine produc- any monies in the Treasury not otherwise
tion and delivery, as well as testing ond.
appropriated, $250,000,000, to remain avail-
and much needed support for The clerk will call the roll. able until expended, for purposes of allo-
healthcare providers. The legislative clerk called the roll. cating such amount among the States (in-
It includes $1,400 checks for lower Mr. THUNE. The following Senator is cluding the District of Columbia and each
and middle-income Americans and ex- necessarily absent: the Senator from territory of the United States) for such a
Alaska (Mr. SULLIVAN). State to establish and implement a strike
tends unemployment insurance. team that will be deployed to a nursing facil-
It targets money to reopen schools, The result was announced—yeas 48,
nays 51, as follows: ity in the State with diagnosed or suspected
something that needs to happen as cases of COVID–19 among residents or staff
soon as possible, and to expand access [Rollcall Vote No. 77 Leg.] for the purposes of assisting with clinical
to childcare. YEAS—48 care, infection control, or staffing during the
It has funding for substance abuse Barrasso Fischer Paul emergency period described in section
programs to combat the opioid epi- Blackburn Graham Portman 1135(g)(1)(B) and the 1-year period imme-
Blunt Grassley Risch diately following the end of such emergency
demic that has worsened. Boozman Hagerty Romney
This amendment would save tax dol- period.
Braun Hoeven Rounds ‘‘(l) LIMITATION.—The Secretary shall not
lars. It would save taxpayers more Burr Hyde-Smith Rubio
make an allocation under subsection (k) to a
than $1.2 trillion while meeting imme- Capito Inhofe Sasse
Cassidy Johnson Scott (FL) State unless the State, for each month that
diate needs. Collins Kennedy Scott (SC) occurs during the period that begins on Octo-
The emergency we are facing should Cornyn Lankford Shelby ber 1, 2020, and ends on the last day of the 1-
not be an excuse for funding partisan Cotton Lee Thune year period described in such subsection,
priorities. Instead, we should come to- Cramer Lummis Tillis provides accurate monthly reporting to the
Crapo Marshall Toomey Secretary on the number of COVID–19 deaths
gether—— Cruz McConnell Tuberville
The PRESIDING OFFICER. The Sen- Daines Moran Wicker
of residents of nursing facilities and skilled
ator’s time is expired. Ernst Murkowski Young nursing facilities (as defined in 1819(a)) and
certifies that such deaths are not included in
Ms. COLLINS.—just as we had on the NAYS—51 counts of COVID–19 deaths in other settings.
five previous bipartisan bills. Baldwin Durbin Leahy The Secretary shall rescind any amounts
The PRESIDING OFFICER. The Sen- Bennet Feinstein Luján previously allocated to a State under sub-
ator from Vermont is recognized for 1 Blumenthal Gillibrand Manchin section (k) if the State fails to comply with
minute. Booker Hassan Markey the requirement of this subsection.’’.
ctelli on DSK11ZRN23PROD with SENATE
Brown Hawley Menendez
Mr. SANDERS. Mr. President, given Cantwell Heinrich Merkley Mr. SCOTT of South Carolina. Mr.
the unprecedented series of crises this Cardin Hickenlooper Murphy President, I ask unanimous consent for
country now faces, the Republican Carper Hirono Murray 2 minutes of debate, equally divided.
amendment simply does not accom- Casey Kaine Ossoff
Coons Kelly Padilla
The PRESIDING OFFICER. Without
plish what the American people need or Cortez Masto King Peters objection, it is so ordered.
what they want. Duckworth Klobuchar Reed Senator SCOTT will proceed.
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S1234 CORRECTION CONGRESSIONAL RECORD — SENATE March 5, 2021
Mr. SCOTT of South Carolina. Mr. important for us to have accurate in- Hassan Menendez Shaheen
Heinrich Merkley Sinema
President, I have been doing some re- formation about the deaths in nursing Hickenlooper Murphy Smith
search as the ranking member of the homes. The more accurate the informa- Hirono Murray Stabenow
Aging Committee. As of last month, 40 tion, the more likely we are to have Kaine Ossoff Tester
the best response. Kelly Padilla Van Hollen
percent of COVID-related deaths in this King Peters
Mr. WYDEN. Mr. President, 30 sec- Warner
country were residents or staff of long- Klobuchar Reed Warnock
term care facilities. Lawmakers are onds? Leahy Rosen
Warren
charged with the responsibility of pro- The PRESIDING OFFICER. The Sen- Luján Sanders
Whitehouse
Manchin Schatz
tecting the most vulnerable popu- ator from Oregon is recognized for 30 Markey Schumer
Wyden
lations in our country, and those num- seconds without objection.
NOT VOTING—1
bers represent absolute failure. Mr. WYDEN. Mr. President, on this
side of the aisle, we have led the fight Sullivan
Some States have underreported
deaths in nursing homes, and some for transparency with respect to the The amendment (No. 1030) was re-
public officials made this move inten- kind of information my colleague is jected.
tionally, a clear effort to deceive their talking about. That is not what this The PRESIDING OFFICER. The Sen-
populations into thinking the situation amendment is about. ator from Oregon.
was not as dire. Inaccurate information This amendment is about making AMENDMENT NO. 1378 TO AMENDMENT NO. 891
affects life-and-death decisions for sure that President Biden and Demo- (Purpose: To improve the bill)
communities. crats can make these necessary invest- Mr. WYDEN. Mr. President, I call up
Requiring States to provide accurate ments in these strike teams that are amendment No. 1378 and ask that it be
data is common sense for anyone who going to ensure more safety in these reported by number.
believes, as I do, that we should have a long-term care facilities. The PRESIDING OFFICER. The
science-based, fact-driven response to I urge a ‘‘no’’ vote. clerk will report the amendment by
the pandemic. We should not offer Mr. SCOTT of South Carolina. Mr. number.
more funding to States that have mis- President, I ask for 10 seconds to re- The senior assistant legislative clerk
managed and then covered up their spond to my good friend from Oregon. read as follows:
pandemic response. It makes no sense. The PRESIDING OFFICER. Is there The Senator from Oregon [Mr. WYDEN] pro-
poses an amendment numbered 1378 to
The PRESIDING OFFICER. The Sen- objection? amendment No. 891.
ator’s time has expired. Without objection, it is so ordered.
Mr. SCOTT of South Carolina. I urge Mr. SCOTT of South Carolina. Thank (The amendment is printed in today’s
my colleagues to do the right thing and RECORD under ‘‘Text of Amendments.’’)
you, Mr. President.
Mr. WYDEN. Mr. President, I ask
vote in favor of this amendment. I will just simply say that even
The PRESIDING OFFICER. Who unanimous consent for 6 minutes, even-
President Biden himself has suggested ly divided, to discuss this amendment.
rises in opposition? that investigations are warranted into The PRESIDING OFFICER. Without
Mr. WYDEN. Mr. President, I do. this issue. objection, it is so ordered.
The PRESIDING OFFICER. The Sen- VOTE ON AMENDMENT NO. 1030 The Senator from Oregon.
ator from Oregon is recognized for 1 The PRESIDING OFFICER. All time Mr. WYDEN. Mr. President, on this
minute. has expired. side, our goal has been to secure the
Mr. WYDEN. Mr. President and col- The question is on agreeing to the strongest possible protections for job-
leagues, the number of COVID–19 amendment. less Americans that could pass the
deaths among nursing home residents Mr. SCOTT of South Carolina. I ask Senate. This amendment has two es-
and staff is tragic. That is why Presi- for the yeas and nays. sential features that make it far better
dent Biden’s and the Democrats’ plan The PRESIDING OFFICER. Is there a for working families than the Portman
goes forward with an investment in sufficient second? amendment.
preventing nursing home infections There appears to be a sufficient sec- It ensures that millions of working
and deaths, including more PPE strike ond. families get their benefits at least
teams to address infections, testing, The clerk will call the roll. through September 5. It protects unem-
contact tracing, and more. The bill clerk called the roll. ployed workers from being hit with a
We take a backseat to no one when it big surprise tax bill with no way to pay
Mr. THUNE. The following Senator is
comes to timely and accurate reporting for it.
necessarily absent: the Senator from
in COVID–19 cases, and deaths will con- Republicans have been standing in
Alaska (Mr. SULLIVAN).
tinue to ensure such reporting. How- lockstep against tax relief for Ameri-
The PRESIDING OFFICER. Are there
ever, it would be a grave mistake to cans with a few hundred dollars in the
any other Senators in the Chamber de-
hold hostage this badly needed support bank after demanding billions in write-
siring to vote?
for strike teams to ensure residents’ offs for wealthy investors. On the other
The result was announced—yeas 49,
and employees’ safety in nursing home hand, Democrats have led the effort to
nays 50, as follows:
facilities. These funds are essential to add hundreds of dollars in weekly bene-
[Rollcall Vote No. 78 Leg.]
helping ensure the safety of seniors and fits and covering gig workers and the
staff that are at the frontlines of the YEAS—49 self-employed.
COVID–19 pandemic. Barrasso Graham Portman This is the boldest action the Con-
Blackburn Grassley Risch
This amendment, colleagues, is puni- Blunt Hagerty
gress has ever taken—ever taken—to
Romney
tive, and it doesn’t further the goal of Boozman Hawley Rounds support jobless Americans during an
transparency. It would hurt the very Braun Hoeven Rubio economic crisis, and at every stage, as
people we seek to protect. Burr Hyde-Smith Sasse Democrats proposed that help for
Capito Inhofe Scott (FL)
I urge a ‘‘no’’ vote on this amend- Cassidy Johnson working families, Senate Republicans
Scott (SC)
ment. I urge my colleagues to do the Collins Kennedy opposed us. This goes back, colleagues,
Shelby
same. Cornyn Lankford
Thune to the CARES Act, when Republicans
Mr. SCOTT of South Carolina. Mr. Cotton Lee
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
Cramer Lummis
Tillis had just one amendment. That was to
President, I ask unanimous consent to Crapo Marshall Toomey gut the jobless protections.
have 30 seconds to respond. Cruz McConnell Tuberville Finally, the whole process under-
Daines Moran Wicker
The PRESIDING OFFICER. Without scores the need to stop jumping from
Ernst Murkowski Young
objection, it is so ordered. Fischer Paul
one economic cliff to another. There
Mr. SCOTT of South Carolina. Thank would be no need to predict the level of
you, Mr. President. NAYS—50 economic support needed 6 months
I would simply say that what my Baldwin Cantwell Cortez Masto from now if benefits were tailored to
amendment does is it says that you Bennet Cardin Duckworth
Blumenthal Carper Durbin
match economic conditions.
can’t lie about the numbers. The bot- Booker Casey Feinstein We look forward to discussing this
tom line, it simply says that it is very Brown Coons Gillibrand idea of triggers for economic support
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1235
with colleagues on both sides of the How does that make sense? Don’t we [Rollcall Vote No. 79 Leg.]
aisle, but tonight it is vital, as the pan- want to encourage people to work? I YEAS—50
demic continues, that the Senate pass think we do. I hope that my colleagues Baldwin Hickenlooper Reed
this amendment, an economic lifeline will vote down this amendment and Bennet Hirono Rosen
Blumenthal Kaine Sanders
for Americans who would strongly pre- continue to keep the Portman amend- Booker Kelly Schatz
fer to be back at work. ment in place, which, by the way, Brown King Schumer
Instead of attacking Americans as passed this Chamber only about an Cantwell Klobuchar Shaheen
lazy individuals who don’t want to hour and a half ago. Cardin Leahy Sinema
Carper Luján
work, these are responsible adults with Mr. WYDEN. Mr. President, I am Casey Manchin
Smith
a strong work ethic who will help us going to ask for 15 seconds. Stabenow
Coons Markey
Tester
build back better in the days to come. The PRESIDING OFFICER. Senator Cortez Masto Menendez
Van Hollen
I strongly urge support for our WYDEN has 45 seconds remaining. Duckworth Merkley
Warner
amendment. Durbin Murphy
Mr. WYDEN. Mr. President, first of Feinstein Murray Warnock
I yield. all, with respect to the facts about un- Gillibrand Ossoff Warren
The PRESIDING OFFICER. Who employment, every week—every week Hassan Padilla Whitehouse
yields time? since last March, unemployment Heinrich Peters Wyden
Mr. PORTMAN. Mr. President. claims have been higher than the worst NAYS—49
The PRESIDING OFFICER. The Sen- week of the great recession. And the Barrasso Graham Portman
ator from Ohio is recognized. fact is, we have got millions of Ameri- Blackburn Grassley Risch
Mr. PORTMAN. Mr. President, let’s Blunt Hagerty Romney
cans who, every single week, are walk-
be clear with what is going on here. Boozman Hawley Rounds
ing an economic tightrope. They are Braun Hoeven
The Republicans have offered a very Rubio
balancing the food bill against the fuel Burr Hyde-Smith Sasse
generous unemployment system, in- Capito Inhofe
bill and the fuel bill against the rent Scott (FL)
cluding 300 bucks per week, as is the Cassidy Johnson
bill. And we want to give them a mod- Scott (SC)
current law after March 15, when it Collins Kennedy
Shelby
est amount of tax relief for the typical Cornyn Lankford
would otherwise expire, and taking it Thune
working person, and the party that Cotton Lee
to July 18. Cramer Lummis
Tillis
Now, there is nobody in this Chamber claims to want to help workers on Toomey
Crapo Marshall
that doesn’t see that the economy is their taxes won’t lift a finger. That is Cruz McConnell Tuberville
why it is so important that this Daines Moran Wicker
improving. And the Congressional Young
amendment pass. Ernst Murkowski
Budget Office, which is a nonpartisan Fischer Paul
I yield.
group here, has told us that, actually,
Mr. PORTMAN. Mr. President, I ask NOT VOTING—1
by the middle of this year, we are going
unanimous consent for 15 seconds to re- Sullivan
to be back to the prepandemic level in
spond, and then I will stop. The amendment (No. 1378) was agreed
terms of our economy. Every econo- The PRESIDING OFFICER (Mr. MUR-
mist looks at this and says that unem- to.
PHY). The Senator has time remaining.
ployment is going down. The PRESIDING OFFICER. The Sen-
Mr. PORTMAN. Mr. President, No. 1,
I note that my colleague over there, ator from Florida.
the 4-week average on unemployment
from Oregon, said that claims were claims are actually going the right
AMENDMENT NO. 1026
higher last week in terms of unemploy- way. Why? Because the economy is Mr. RUBIO. Mr. President, I call up
ment. The 4-week average is actually opening up, folks. If you don’t see that, my amendment No. 1026 and ask that it
down, considerably. you are not going home to your States be reported by number.
Let me tell you what happened The PRESIDING OFFICER. The
and talking to your employers.
today, because I just looked it up. New Second, we have a situation here clerk will report the amendment by
York opened its movie theaters; Vir- where the Republicans are saying we number.
ginia announced they are opening their The assistant bill clerk read as fol-
want to continue the $300 per month—
schools; West Virginia opened their lows:
or per week after March 15, but let’s
bars, their restaurants, all businesses; end it on July 18. If things turn south— The Senator from Florida [Mr. RUBIO] pro-
Connecticut is opening indoor dining. poses an amendment numbered 1026.
which no one is predicting, by the way,
This is happening every day. The econ- not a single economist—I know a lot of The amendment is as follows:
omy is getting better. us would be willing to work with the (Purpose: To amend the Elementary and
And everybody says—including, by Secondary School Emergency Relief Fund)
other side of the aisle to extend, but
the way, Larry Summers, a famous Strike section 2001 and insert the fol-
there is no reason to do that at this
Democratic economist, who was Treas- lowing:
point.
ury Secretary under President With regard to your tax cut, it is a SEC. 2001.ELEMENTARY AND SECONDARY
Obama—that when you look at what SCHOOL EMERGENCY RELIEF FUND.
tax increase. It is a tax increase on (a) IN GENERAL.—In addition to amounts
happens with regard to unemployment small businesses. otherwise available, there is appropriated to
insurance, if it is too high, it is a dis- VOTE ON AMENDMENT NO. 1378 the Department of Education for fiscal year
incentive to work. The PRESIDING OFFICER. All time 2021, out of any money in the Treasury not
I don’t think Larry Summers is say- otherwise appropriated, $125,804,800,000, to re-
has expired.
ing people are lazy. I think what Larry The question is on agreeing to the main available through September 30, 2023,
Summers is saying is that you want to amendment. to carry out this section.
have a system that is balanced, where Mr. WYDEN. I ask for the yeas and (b) GRANTS.—From funds provided under
you are encouraging people to work. subsection (a), the Secretary shall make
nays. grants to each State educational agency in
There are so many employers in our The PRESIDING OFFICER. Is there a accordance with this section.
States who are looking for people right sufficient second? (c) ALLOCATION TO STATES.—The amount of
now, and that is going to continue to There appears to be a sufficient sec- each grant under subsection (b) shall be allo-
happen as we open up more. ond. cated by the Secretary to each State in the
Look, our unemployment provision is The clerk will call the roll. same proportion as each State received
very reasonable; it is very generous— The senior assistant legislative clerk under part A of title I of the Elementary and
taking it through July 18. called the roll. Secondary Education Act of 1965 in the most
They are taking theirs through Sep- Mr. THUNE. The following Senator is recent fiscal year.
tember 6. And then they are adding necessarily absent: the Senator from (d) SUBGRANTS TO LOCAL EDUCATIONAL
ctelli on DSK11ZRN23PROD with SENATE
this new element that has never been AGENCIES.—
Alaska (Mr. SULLIVAN). (1) IN GENERAL.—Each State shall allocate
in unemployment before, where sud- The PRESIDING OFFICER. Are there not less than 95 percent of the grant funds
denly if you are on unemployment in- any other Senators in the Chamber de- awarded to the State under this section as
surance, you don’t have to pay taxes, siring to vote? subgrants to local educational agencies (in-
but if you are working you do have to The result was announced—yeas 50, cluding charter schools that are local edu-
pay taxes. nays 49, as follows: cational agencies in the State) in proportion
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S1236 CONGRESSIONAL RECORD — SENATE March 5, 2021
to the amount of funds such local edu- amendment tries to do is create an in- [Rollcall Vote No. 80 Leg.]
cational agencies and charter schools that centive for these districts to open up YEAS—48
are local educational agencies received under more days because we do have unions— Barrasso Fischer Paul
part A of title I of the Elementary and Sec- Blackburn Graham Portman
to be fair, not all, but we do have
ondary Education Act of 1965 in the most re- Blunt Grassley Risch
cent fiscal year. teachers unions in this country that Boozman Hagerty Romney
(2) AVAILABILITY OF FUNDS.—Each State are saying they are not going back Braun Hawley Rounds
shall make allocations under paragraph (1) until next year, even if they are vac- Burr Hoeven Rubio
to local educational agencies in accordance cinated, even if all the measures are Capito Hyde-Smith Sasse
Cassidy Inhofe Scott (FL)
with the following: put in place. Collins Johnson Scott (SC)
(A) A local educational agency shall re-
We have a crisis in this country. We Cornyn Kennedy Shelby
ceive 25 percent of its allocation under para- Cotton Lankford Thune
graph (1) not later than 30 days after the have seen now a surge in mental health Cramer Lee Tillis
date of enactment of this title. problems, with young people showing Crapo Lummis Toomey
(B) A local educational agency shall re- up at hospitals, and across the country, Cruz Marshall Tuberville
ceive an additional 15 percent of its alloca- it is a terrible situation, not to men- Daines McConnell Wicker
Ernst Moran Young
tion under paragraph (1) for each school day tion the year of lost learning. This
in a 5-day school week that public elemen- amendment incentivizes us to get our NAYS—51
tary and secondary schools served by the kids back in school. Baldwin Hickenlooper Peters
local educational agency are open for in-per- Bennet Hirono Reed
son instruction for 100 percent of students The PRESIDING OFFICER. The Sen- Blumenthal Kaine Rosen
within the local educational agency, as cer- ator from Washington. Booker Kelly Sanders
tified by the local educational agency to the Brown King Schatz
Mrs. MURRAY. Mr. President, the Cantwell Klobuchar Schumer
State. only way to safely reopen schools for Cardin Leahy Shaheen
(e) STATE FUNDING.—With funds not other-
wise allocated under subsection (d), a State
in-person learning and keep them open Carper Luján Sinema
is to provide the $125 billion that is in- Casey Manchin Smith
may carry out, directly or through grants or Coons Markey Stabenow
contracts, activities necessary to support cluded in the American Rescue Plan Cortez Masto Menendez Tester
the safe reopening of schools. Act for our K–12 schools. This Federal Duckworth Merkley Van Hollen
(f) EQUITABLE SERVICES.—Each local edu- funding will support schools in their Durbin Murkowski Warner
cational agency that receives funds from a Feinstein Murphy Warnock
implementing safety protocols that are Gillibrand Murray Warren
subgrant under subsection (d) shall reserve aligned with local public health guid- Hassan Ossoff Whitehouse
funds to provide equitable services in the
ance in order to safely reopen, stay Heinrich Padilla Wyden
same manner as provided under section 1117
of the Elementary and Secondary Education open, and help students with learning NOT VOTING—1
Act of 1965 (20 U.S.C. 6320) to students and recovery. Our goal is clear. Sullivan
teachers in non-public schools, as deter- Let me make something else clear. The amendment (No. 1026) was re-
mined in consultation with representatives The amendment offered today to condi-
of non-public schools. jected.
tion funds on forced school reopenings The PRESIDING OFFICER. The Sen-
(g) PUBLIC CONTROL OF FUNDS.—The con-
trol of funds for the services or assistance
is simply a political show that will, ac- ator from New Hampshire.
provided to a non-public school under sub- tually, further disadvantage schools AMENDMENT NO. 1344 TO AMENDMENT NO. 891
section (f), and title to materials, equip- that have already suffered the most. If Ms. HASSAN. Mr. President, I call up
ment, and property purchased with such we only provide funding to schools that amendment No. 1344 and ask that it be
funds, shall be in a public agency, and a pub- are physically open, schools in commu- reported by number.
lic agency shall administer such funds, serv- nities with high rates of COVID–19
ices, assistance, materials, equipment, and
The PRESIDING OFFICER. Without
can’t receive the money they need to objection, the clerk will report the
property. implement health safety protocols, but
(h) REALLOCATION.—A State shall return to amendment by number.
the Secretary any funds received under this they will feel the pressure to reopen The senior assistant legislative clerk
section that the State does not award within even if it is not safe. So conditioning read as follows:
1 year of receiving such funds and the Sec- funds actually undermines our ability The Senator from New Hampshire [Ms.
retary shall reallocate such funds to the re- to get students back in the classroom HASSAN], for herself and others, proposes an
maining States in accordance with sub- safely. amendment numbered 1344 to amendment
section (c). Let’s prioritize student learning. No. 891.
Mr. RUBIO. Mr. President, I ask Safe in-person learning is paramount The amendment is as follows:
unanimous consent for 2 minutes of de- so let’s stop wasting time. Let’s pass (Purpose: To provide for a safe return to in-
bate equally divided. this plan and get the schools the funds person instruction)
The PRESIDING OFFICER. Without they need. At the appropriate place, insert the fol-
objection, it is so ordered. lowing:
The PRESIDING OFFICER. The Sen-
Mr. RUBIO. Mr. President, I think we (l) SAFE RETURN TO IN-PERSON INSTRUC-
ator’s time has expired.
can all agree we have kids in America TION.—
who need to be in school who haven’t VOTE ON AMENDMENT NO. 1026 (1) IN GENERAL.—A local educational agen-
been in school over a year now, in some cy receiving funds under this section shall
The question is on agreeing to the
cases. develop and make publicly available on the
amendment. local educational agency’s website, not later
The science is clear that you can
Mr. RUBIO. Mr. President, I ask for than 30 days after receiving the allocation of
open up schools safely. Now, I know
the yeas and nays. funds described in paragraph (d)(1), a plan for
different districts have different chal- the safe return to in-person instruction and
lenges about opening up. This bill pro- The PRESIDING OFFICER. Is there a
continuity of services.
vides money for everybody to open up. sufficient second? (2) COMMENT PERIOD.—Before making the
We don’t want to change that. We want There appears to be a sufficient sec- plan described in paragraph (1) publicly
to help every district. ond. available, the local educational agency shall
Under my amendment, every district The clerk will call the roll. seek public comment on the plan and take
in the country would get money, but such comments into account in the develop-
The senior assistant bill clerk called ment of the plan.
the more days of the week you are the roll. (3) PREVIOUS PLANS.—If a local educational
open, the more money you are going to agency has developed a plan for the safe re-
Mr. THUNE. The following Senator is
get, which makes all the sense in the turn to in-person instruction before the date
necessarily absent: the Senator from
world. If you are going to open 4 days of enactment of this Act that meets the re-
ctelli on DSK11ZRN23PROD with SENATE
Alaska (Mr. SULLIVAN).
a week, you shouldn’t have as much quirements described in paragraphs (1) and
money as a district that is going to The PRESIDING OFFICER. Are there (2), such plan shall be deemed to satisfy the
open 5 days a week. any other Senators in the Chamber de- requirements under this subsection.
The purpose of the money that is siring to vote? Ms. HASSAN. Mr. President, I ask
being provided is so that schools can The result was announced—yeas 48, unanimous consent for 2 minutes
fund the cost of opening safely. All this nays 51, as follows: equally divided.
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1237
The PRESIDING OFFICER. Without Hickenlooper Merkley Shaheen each State and Tribal government the
Hirono Murphy Sinema amount determined for the State or Tribal
objection, it is so ordered. Kaine Murray Smith
Ms. HASSAN. Mr. President, I be- government for fiscal year 2021 under sub-
Kelly Ossoff Stabenow
section (c).
lieve that every single Member of this King Padilla Tester
‘‘(c) PAYMENT AMOUNTS.—
Klobuchar Peters Van Hollen
body agrees that remote learning is Leahy Reed Warner ‘‘(1) IN GENERAL.—Subject to paragraph (2),
taking an enormous toll on our stu- Luján Rosen Warnock the amount paid under this section for fiscal
dents, teachers, and our students’ fami- Manchin Sanders Warren year 2021 to a State that is 1 of the 50 States
lies, and that we need to safely get stu- Markey Schatz Whitehouse shall be the amount equal to the relative
Menendez Schumer Wyden population proportion amount determined
dents back into the classroom.
NAYS—48 for the State under paragraph (3) for such
This amendment would ensure that fiscal year.
educational agencies receiving relief Barrasso Graham Paul ‘‘(2) MINIMUM PAYMENT.—
funds will within 30 days develop and Blackburn Grassley Portman
Blunt Hagerty Risch
‘‘(A) IN GENERAL.—No State that is 1 of the
make publicly available a plan for the Boozman Hawley Romney 50 States shall receive a payment under this
safe return to in-person instruction. Braun Hoeven Rounds section for fiscal year 2021 that is less than
I urge all of my colleagues to join me Burr Hyde-Smith Rubio $2,927,000,000.
in supporting this commonsense Capito Inhofe Sasse ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec-
Cassidy Johnson Scott (FL) retary shall adjust on a pro rata basis the
amendment to support an objective Cornyn Kennedy Scott (SC) amount of the payments for each of the 50
that we all share: getting our students Cotton Lankford Shelby
States determined under this subsection
safely back in their classrooms. Cramer Lee Thune
Crapo Lummis Tillis without regard to this subparagraph to the
The PRESIDING OFFICER. The Sen- Cruz Marshall Toomey extent necessary to comply with the require-
ator from Missouri. Daines McConnell Tuberville ments of subparagraph (A).
Mr. BLUNT. Mr. President, last year Ernst Moran Wicker ‘‘(3) RELATIVE POPULATION PROPORTION
Fischer Murkowski Young AMOUNT.—For purposes of paragraph (1), the
Congress provided nearly $68 billion in
NOT VOTING—1 relative population proportion amount de-
emergency funding for schools. About termined under this paragraph for a State
10 percent of that has been used. This Sullivan for fiscal year 2021 is the product of—
bill provides another $126 billion, with The amendment (No. 1344) was agreed ‘‘(A) the amount appropriated under para-
no requirement that we get kids back to. graph (1) of subsection (a) for fiscal year 2021
to school. The PRESIDING OFFICER. The Sen- that remains after the application of para-
We know they need to be back in graph (2) of that subsection; and
ator from South Carolina is recognized. ‘‘(B) the relative State population propor-
school. I think this amendment actu- AMENDMENT NO. 1369, AS MODIFIED, TO tion (as defined in paragraph (4)).
ally, if applied, almost ensures we AMENDMENT NO 891 ‘‘(4) RELATIVE STATE POPULATION PROPOR-
won’t get back to school this year. Mr. GRAHAM. Mr. President I would TION DEFINED.—For purposes of paragraph
Thirty days to come up with a plan; like to call up amendment No. 1369, as (3)(B), the term ‘relative State population
public comment on that plan. It is the modified, and ask it be reported by proportion’ means, with respect to a State,
middle of March before anybody even number. the quotient of—
begins to make—have the 30 days to ‘‘(A) the population of the State; and
ADDITIONAL COSPONSOR ‘‘(B) the total population of all States (ex-
make that plan. We need to get kids
I ask that Senator HAGERTY be added cluding the District of Columbia and terri-
back to school. The New York Times
as cosponsor. tories specified in subsection (a)(2)(A)).
understands that. ‘‘(5) DISTRICT OF COLUMBIA AND TERRI-
The PRESIDING OFFICER. The
Many States are saying the suicide TORIES.—The amount paid under this section
clerk will report the amendment, as
rates, the emergency room mental for fiscal year 2021 to a State that is the Dis-
modified.
health concerns demand that kids get trict of Columbia or a territory specified in
The senior assistant bill clerk read as subsection (a)(2)(A) shall be the amount
back to school, and not next year but
follows: equal to the product of—
they get back to school as quickly as
The Senator from South Carolina [Mr. ‘‘(A) the amount set aside under subsection
they can this year. GRAHAM], for himself and others, proposes an (a)(2)(A) for such fiscal year; and
I think this amendment, while I am amendment numbered 1369, as modified, to ‘‘(B) each such District’s and territory’s
sure offered in good intention, works amendment No. 891. share of the combined total population of the
against that, not for it, and I would The amendment is as follows: District of Columbia and all such territories,
urge a ‘‘no’’ vote on the amendment. as determined by the Secretary.
(Purpose: To improve the bill)
VOTE ON AMENDMENT NO. 1344 ‘‘(6) TRIBAL GOVERNMENTS.—From the
Strike section 9901 and insert the fol- amount set aside under subsection (a)(2)(B)
The PRESIDING OFFICER. The lowing: for fiscal year 2021, the amount paid under
question is on agreeing to the Hassan SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- this section for fiscal year 2021 to a Tribal
amendment. CAL RECOVERY FUND. government shall be the amount the Sec-
Ms. HASSAN. Mr. President, I ask (a) IN GENERAL.—Title VI of the Social Se- retary shall determine, in consultation with
for the yeas and nays. curity Act (42 U.S.C. 801 et seq.) is amended the Secretary of the Interior and Indian
The PRESIDING OFFICER. Is there a by adding at the end the following: Tribes, that is based on increased expendi-
sufficient second? ‘‘SEC. 602. CORONAVIRUS FISCAL RECOVERY tures of each such Tribal government (or a
FUND. tribally-owned entity of such Tribal govern-
There appears to be a sufficient sec-
‘‘(a) APPROPRIATION.— ment) relative to aggregate expenditures in
ond.
‘‘(1) IN GENERAL.—Out of any money in the fiscal year 2019 by the Tribal government (or
The clerk will call the roll. Treasury of the United States not otherwise tribally-owned entity) and determined in
The senior assistant legislative clerk appropriated, there are appropriated for such manner as the Secretary determines ap-
called the roll. making payments to States, Tribal govern- propriate to ensure that all amounts avail-
Mr. THUNE. The following Senator is ments, and units of local government under able under subsection (a)(2)(B) for fiscal year
necessarily absent: the Senator from this section, $350,000,000,000 for fiscal year 2021 are distributed to Tribal governments.
Alaska (Mr. SULLIVAN). 2021. ‘‘(7) DATA.—For purposes of this sub-
The PRESIDING OFFICER. Are there ‘‘(2) RESERVATION OF FUNDS.—Of the section, the population of States shall be de-
amount appropriated under paragraph (1), termined based on the most recent year for
any other Senators in the Chamber de-
the Secretary shall reserve— which data are available from the Bureau of
siring to vote? ‘‘(A) $4,500,000,000 for making payments to the Census.
The result was announced—yeas 51, the District of Columbia, the Commonwealth ‘‘(d) USE OF FUNDS.—
nays 48, as follows: of Puerto Rico, the United States Virgin Is- ‘‘(1) IN GENERAL.—Subject to paragraph (2),
[Rollcall Vote No. 81 Leg.] lands, Guam, the Commonwealth of the a State or Tribal government shall use the
ctelli on DSK11ZRN23PROD with SENATE
YEAS—51 Northern Mariana Islands, and American funds provided under a payment made under
Samoa; and this section to cover only those costs of the
Baldwin Cardin Duckworth
‘‘(B) $20,000,000,000 for making payments to State or Tribal government that—
Bennet Carper Durbin
Blumenthal Casey Feinstein Tribal governments. ‘‘(A) are necessary expenditures incurred
Booker Collins Gillibrand ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—Not due to the public health emergency with re-
Brown Coons Hassan later than 30 days after the date of enact- spect to the Coronavirus Disease 2019
Cantwell Cortez Masto Heinrich ment of this section, the Secretary shall pay (COVID–19);
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S1238 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘(B) were not accounted for in the budget ment, and we urge a ‘‘no’’ vote. It The amendment is as follows:
most recently approved as of the date of en- would tie the hands of local and State (Purpose: To require the President to review
actment of this section for the State or gov- government. It would make it more dif- and approve the Keystone XL Pipeline to
ernment; and assist COVID-impacted communities)
ficult to rehire or interfere with recov-
‘‘(C) were incurred during the period that At the end of title X, add the following:
begins on March 1, 2020, and ends on Decem- ery in our capital cities, so if we could
all have a resounding ‘‘no’’ vote on the SEC. 10lll. APPROVAL OF KEYSTONE XL PIPE-
ber 31, 2022. LINE.
‘‘(2) STATE DISTRIBUTIONS TO UNITS OF Graham amendment, I would appre- (a) IN GENERAL.—Not later than 60 days
LOCAL GOVERNMENT.— ciate it and yield back further time. after the date of enactment of this Act, the
‘‘(A) IN GENERAL.—Each State (other than VOTE ON AMENDMENT NO. 1369 President shall review and approve a permit
the District of Columbia) shall distribute 45 for the project of TransCanada Keystone
The PRESIDING OFFICER. The
percent of the amount allocated and paid to Pipeline, L.P., to construct, connect, oper-
the State under this section to units of local question is on agreeing to the amend-
ate, and maintain the pipeline and cross-bor-
government in the State in accordance with ment.
der facilities at the northern border of the
this paragraph. Mr. GRAHAM. I ask for the yeas and State of Montana necessary to import oil
‘‘(B) MANNER OF DISTRIBUTION.—A State nays. from Canada to the United States, as de-
shall allocate the amount that the State is The PRESIDING OFFICER. Is there a scribed in the Presidential Permit of March
required to distribute among units of local sufficient second? 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)), if
government in the State based on the popu- There appears to be a sufficient sec- the President determines that the project
lation of each such unit of local government ond. would create construction jobs and increase
(as determined by the State) relative to the tax revenues in communities that have been
The clerk will call the roll.
population of all units of local government economically impacted by COVID–19.
in the State. The senior assistant bill clerk called (b) REVOCATION.—Section 6 of Executive
‘‘(C) APPLICATION OF USES OF FUNDS.—The the roll. Order 13990 (86 Fed. Reg. 7041 (January 25,
limitations on the uses of funds described in Mr. THUNE. The following Senator is 2021)) shall have no force or effect.
paragraph (1) shall apply to amounts distrib- necessarily absent: the Senator from Mr. TESTER. I ask unanimous con-
uted to a unit of local government under this Alaska (Mr. SULLIVAN). sent for 4 minutes of debate, equally di-
paragraph in the same manner that such The PRESIDING OFFICER. Are there vided.
limitations apply to a payment to a State any other Senators in the Chamber de- The PRESIDING OFFICER. Without
under this subsection. siring to vote? objection, it is so ordered.
‘‘(e) DEFINITIONS.—In this section:
The result was announced—yeas 48, Mr. TESTER. Senator HOEVEN will
‘‘(1) IN GENERAL.—The terms ‘Indian Tribe’,
‘Secretary’, ‘State’, and ‘Tribal government’ nays 51, as follows: speak for 1 minute. I will speak for 1
shall have the meaning given such terms in [Rollcall Vote No. 82 Leg.] minute, and I would ask that I be noti-
section 601(g). YEAS—48 fied when I run of out of my minute.
‘‘(2) UNIT OF LOCAL GOVERNMENT.—The term Mr. President, this is the most im-
Barrasso Fischer Murkowski
‘unit of local government’ means a county, Blackburn Graham Paul portant vote of the night. It is 2:41, so
municipality, town, township, village, par- Blunt Grassley Portman pay attention here.
ish, borough, or other unit of general govern- Boozman Hagerty Risch The Keystone Pipeline would create
ment below the State level.’’. Braun Hawley Romney good-paying jobs and bring much need-
(b) TECHNICAL AMENDMENT.—The heading Burr Hoeven Rounds
Capito Hyde-Smith Rubio ed revenue to rural counties in Eastern
for title VI of the Social Security Act (42
Cassidy Inhofe Sasse Montana. These counties have been
U.S.C. 801 et seq.) is amended by striking
‘‘FUND’’ and inserting ‘‘AND FISCAL RE-
Collins Johnson Scott (FL) hard-hit by the pandemic. They have
Cornyn Kennedy Scott (SC) also been hard-hit by trade wars that
COVERY FUNDS’’. Cotton Lankford Shelby
Mr. GRAHAM. Mr. President, I ask Cramer Lee Thune have impacted our agricultural com-
for 2 minutes, equally divided. Crapo Lummis Tillis munity. So they need the tax base, and
Cruz Marshall Tuberville this XL Pipeline would give them the
The PRESIDING OFFICER. Without Daines McConnell Wicker
objection, it is so ordered. Ernst Moran Young
tax base.
Mr. GRAHAM. There was a time Look, there is no doubt the pipeline
NAYS—51 needs to be built responsibly with
about a year ago when we were to-
gether, and we passed a COVID relief
Baldwin Hickenlooper Reed American steel to the highest safety
Bennet Hirono Rosen standards to respect private property
bill of $1.9 trillion, 96 to nothing. What Blumenthal Kaine Sanders
Booker Kelly Schatz rights and to include significant con-
happened? You all got it now.
So here is what I want you to know. Brown King Schumer sultation with Native American Tribes.
That CARES formula, that bill we
Cantwell Klobuchar Shaheen But the fact is, we have many pipelines
Cardin Leahy Sinema
passed, had an allocation for State and Carper Luján Smith
to go across the border between Canada
local funding that has been changed by Casey Manchin Stabenow and the United States. This is just one.
Coons Markey Tester I would ask you to support this
our Democratic friends, and the biggest Cortez Masto Menendez Toomey amendment.
winners are New York and California. Duckworth Merkley Van Hollen Senator HOEVEN.
So the formula they are using now, Durbin Murphy Warner
The PRESIDING OFFICER. The Sen-
New York and California wins big. You Feinstein Murray Warnock
Gillibrand Ossoff Warren ator from North Dakota.
need to check what you are doing be- Hassan Padilla Whitehouse Mr. HOEVEN. Mr. President, I would
cause you are giving a lot of money to Heinrich Peters Wyden like to thank the Senator from Mon-
New York and California because they NOT VOTING—1 tana for offering this amendment and
can do it. Sullivan to speak strongly in support of the
This is a big State bailout. You need amendment.
to check and explain to people back in The amendment (No. 1369) was re- In 2015, S. 1 authorized the Keystone
your State why they need more money jected. Pipeline. So we have voted on this be-
than you do. You are rewarding people The PRESIDING OFFICER. The Sen- fore, and we have approved it. We need
who have closed down the economy, ator from Montana. to do it again.
won’t reopen, so I am asking to go AMENDMENT NO. 1197 TO AMENDMENT NO. 891 Look, whether you are for traditional
back to the bipartisan formula, reject Mr. TESTER. Mr. President, I would sources of energy or renewable sources
this partisan formula that rewards like to call up amendment No. 1197 and of energy or both, we need the infra-
Democratic blue States at the expense ask that it be reported by number. structure to move it around the coun-
of most everybody else in this building. The PRESIDING OFFICER. The try as safely as possible in an environ-
So if you don’t know how your State clerk will report the amendment by mentally sound way on a dependable
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is doing, we know how your State is number. basis. That means we need trans-
doing, and you will hear about it. The senior assistant bill clerk read as mission lines, and we need pipelines.
The PRESIDING OFFICER. The Sen- follows: Let’s come together. Let’s continue
ator from Rhode Island. The Senator from Montana [Mr. TESTER] to build our energy future, not to men-
Mr. WHITEHOUSE. Mr. President, proposes an amendment numbered 1197 to tion the 11,000-plus jobs directly in-
nobody on our side likes this amend- amendment No. 891. volved in working on this pipeline. But
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1239
for energy independence and energy se- [Rollcall Vote No. 83 Leg.] reimbursement for COVID-related ex-
curity for our country, for good-paying YEAS—51 penses in a COVID relief bill. It does
jobs, energy is foundational to every- Barrasso Graham Paul allow arbitrary guidelines restricting
thing we do in our economy. Let’s sup- Blackburn Grassley Portman which schools are eligible.
Blunt Hagerty Risch My amendment goes back to the bi-
port this amendment. Boozman Hawley Romney
I yield back to Senator TESTER. Braun Hoeven Rounds partisan language agreed to in Decem-
ADDITIONAL COSPONSOR
Burr Hyde-Smith Rubio ber, prioritizing schools with low-in-
Capito Inhofe Sasse come students and addressing COVID
Mr. TESTER. Mr. President, I ask Cassidy Johnson Scott (FL)
expenses. I urge colleagues to support
unanimous consent that Senator Collins Kennedy Scott (SC)
Cornyn Lankford Shelby these schools serving 10 percent of
MANCHIN be added to this amendment. Cotton Lee Tester America’s children, 7 percent of chil-
The PRESIDING OFFICER. Without Cramer Lummis Thune dren in poverty, to support their fami-
objection, it is so ordered. Crapo Manchin Tillis
Cruz Marshall Toomey lies. Please support this amendment.
The Senator from Vermont. Daines McConnell Tuberville I reserve the balance of my time.
Mr. SANDERS. Mr. President, Presi- Ernst Moran Wicker The PRESIDING OFFICER. The Sen-
Fischer Murkowski Young
dent Biden is right. He canceled the ator from Washington.
Keystone Pipeline because he is listen- NAYS—48 Mrs. MURRAY. Mr. President, I op-
ing to the scientists, and what the sci- Baldwin Heinrich Peters pose this amendment. It would strike
entists are telling us is that we have a Bennet Hickenlooper Reed two important improvements we made
Blumenthal Hirono Rosen
small number of years—5, 6, 7 years— Booker Kaine Sanders
to the program that funds private
before this country and this world face Brown Kelly Schatz schools.
irreparable—I underline the word ‘‘ir- Cantwell King Schumer First, Republicans are critiquing this
Cardin Klobuchar Shaheen bill for not being targeted enough, but
reparable’’—harm because of climate Carper Leahy Sinema
change. Casey Luján Smith
this amendment would remove the re-
My friends here talk about creating Coons Markey Stabenow quirement to target funding to private
jobs. Well, we all want to create jobs. Cortez Masto Menendez Van Hollen schools that serve significant percent-
Duckworth Merkley Warner ages of low-income students.
Do you know where the jobs are? The Durbin Murphy Warnock
jobs are in energy efficiency. The jobs Feinstein Murray Warren The American Rescue Plan provides
are in sustainable energy. That is Gillibrand Ossoff Whitehouse an additional $2.75 billion for services
where the jobs of the future are.
Hassan Padilla Wyden to private schools. And the bottom line
NOT VOTING—1 is, Federal funds shouldn’t be spent at
If we love our kids and if we love our
Sullivan expensive private schools. Instead,
grandchildren and if we want to leave
they should be targeted to low-income
them a country and a planet that is The PRESIDING OFFICER. On this
students at private schools like all our
healthy and is habitable, yes, this vote, the yeas are 51, the nays are 48.
other education investments.
country is going to have to lead the Three-fifths of the Senators duly cho-
The pandemic is disproportionately
world, work with the world, in trans- sen and sworn not having voted in the
harming students of color and those
forming our energy system away from affirmative, the motion is rejected.
from families with low incomes. While
fossil fuel. The point of order is sustained, and
these students are already much more
I urge opposition to this amendment. the amendment falls.
The amendment (No. 1197) was re- likely to attend public schools, we need
POINT OF ORDER
jected. to make sure that those who do attend
Mr. President, I raise a point of order The PRESIDING OFFICER. The Sen- private schools are prioritized as well.
that the pending amendment is not ator from Louisiana. Secondly, this amendment strikes
germane and therefore violates section the limitation we placed on the funds
AMENDMENT NO. 1161 TO AMENDMENT NO. 891
305(b)(2) of the Congressional Budget being used for reimbursements at pri-
Mr. CASSIDY. I call up my amend- vate schools. Reimbursements that
Act of 1974. ment No. 1161 and ask that it be re-
The PRESIDING OFFICER. The Sen- were permitted with the first round of
ported by number. funding for this program were in order
ator from Montana. The PRESIDING OFFICER. The
to cover past expenses incurred by pri-
MOTION TO WAIVE clerk will report the amendment by
vate schools. Those expenses should be
Mr. TESTER. Mr. President, in ac- number.
reimbursed by that first round. These
cordance with section 904 of the Con- The legislative clerk read as follows:
additional funds are intended to pro-
gressional Budget Act of 1974 and the The Senator from Louisiana [Mr. CASSIDY]
vide services for private schools in the
waiver provisions of all applicable proposes an amendment numbered 1161.
future. I ask my colleagues to oppose
budget resolutions, I move to waive all The amendment is as follows: this amendment.
applicable sections of that act and ap- (Purpose: To improve the bill regarding Mr. CASSIDY. How many seconds do
plicable budget resolutions for the pur- emergency assistance to non-public schools) I have left?
pose of amendment No. 1197, and I In section 2002 strike ‘‘that enroll a signifi- The PRESIDING OFFICER. I am
would ask for the yeas and nays. cant percentage of’’ and all that follows sorry, the Senator has no time remain-
through the end of the section and insert
VOTE ON AMENDMENT NO. 1197 ing.
‘‘under the terms and conditions of section
The PRESIDING OFFICER. The 312(d) of the Coronavirus Response and Relief
Mr. CASSIDY. I ask unanimous con-
question is on agreeing to the amend- Supplemental Appropriations Act, 2021 (divi- sent for 10 seconds, please.
ment. sion M of Public Law 116–260).’’ The PRESIDING OFFICER. Without
Is there a sufficient second? Mr. CASSIDY. I ask unanimous con- objection, it is so ordered.
sent for 2 minutes of debate, equally di- Mr. CASSIDY. This is the exact same
There appears to be a sufficient sec- language that we used in December. It
ond. vided.
The PRESIDING OFFICER. Without targets children with private schools.
The clerk will call the roll. To say that you are going to restrict it
objection, it is so ordered.
The legislative clerk called the roll. Mr. CASSIDY. Mr. President, on a bi- further than that is merely a way to
Mr. THUNE. The following Senator is partisan basis, the December COVID keep the kids from having it. Seven
necessarily absent: the Senator from relief bill included emergency assist- percent of kids in poverty go to private
Alaska (Mr. Sullivan). ance to private and parochial schools, schools. About 7 percent of this money
ctelli on DSK11ZRN23PROD with SENATE
The PRESIDING OFFICER (Mr. DUR- reimbursing for things such as dis- will go to private kids. We should sup-
BIN). Are there any other Senators in infectants, technology, and PPE. port the children.
the Chamber desiring to vote or change Guidelines prioritize schools serving VOTE ON AMENDMENT NO. 1161
their vote? low-income students. The current bill The PRESIDING OFFICER. The
The yeas and nays resulted—yeas 51, has money for private and parochial question is on agreeing to the amend-
nays 48, as follows: schools but, incredibly, does not allow ment.
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S1240 CONGRESSIONAL RECORD — SENATE March 5, 2021
Mr. CASSIDY. I ask for the yeas and (1) are within the jurisdiction of such com- Mr. THUNE. The following Senator is
nays. mittee; and necessarily absent: the Senator from
The PRESIDING OFFICER. Is there a (2) include reforms to protect taxpayers Alaska (Mr. SULLIVAN).
sufficient second? from perpetually subsidizing private sector
The PRESIDING OFFICER (Mr.
pension plans by ensuring the long-term sol-
There appears to be a sufficient sec- HEINRICH). Are there any other Sen-
vency of the multiemployer pension system.
ond. ators in the Chamber desiring to vote?
The clerk will call the roll. Mr. GRASSLEY. I ask unanimous The result was announced—yeas 49,
The bill clerk called the roll. consent that there be 2 minutes of de- nays 50, as follows:
Mr. THUNE. The following Senator is bate, equally divided. [Rollcall Vote No. 85 Leg.]
necessarily absent: the Senator from The PRESIDING OFFICER. Without
YEAS—49
Alaska (Mr. SULLIVAN). objection, it is so ordered.
Barrasso Graham Portman
The PRESIDING OFFICER. Are there Mr. GRASSLEY. Mr. President, this Blackburn Grassley Risch
any other Senators in the Chamber de- bill includes an $86 billion no-strings Blunt Hagerty Romney
siring to vote? bailout of multiemployer pension Boozman Hawley Rounds
plans. It does not belong in the current Braun Hoeven Rubio
The result was announced—yeas 49, Burr Hyde-Smith
package. It has nothing to do with Sasse
nays 50, as follows: Capito Inhofe Scott (FL)
[Rollcall Vote No. 84 Leg.] COVID. The bailout is not coupled with Cassidy Johnson Scott (SC)
YEAS—49 any reforms. Consequently, there won’t Collins Kennedy
Shelby
Cornyn Lankford
Barrasso Graham Portman
be any long-term sustainability. It is Cotton Lee
Thune
Blackburn Grassley Risch just a blank check with no measures to Cramer Lummis
Tillis
Blunt Hagerty Romney hold plans accountable. Crapo Marshall Toomey
Boozman Hawley Cruz McConnell Tuberville
Rounds Senator Alexander and I spent the Wicker
Braun Hoeven Rubio Daines Moran
Burr Hyde-Smith last Congress working on a responsible Ernst Murkowski Young
Sasse
Capito Inhofe Scott (FL) proposal to rescue and reform failing Fischer Paul
Cassidy Johnson Scott (SC) multiemployer pension plans. Without
Collins Kennedy NAYS—50
Cornyn Lankford
Shelby reforms included, the precedent will be
Thune Baldwin Hickenlooper Reed
Cotton Lee that taxpayers, not the PPGC, will be Bennet Hirono Rosen
Tillis
Cramer Lummis
Toomey
the ultimate guarantors of private em- Blumenthal Kaine Sanders
Crapo Marshall ployer pensions. In that case, the bur- Booker Kelly Schatz
Cruz McConnell Tuberville
Brown King Schumer
Daines Moran Wicker den on the taxpayers will not be for the Cantwell Klobuchar Shaheen
Ernst Murkowski Young $86 billion. It will be endless as to how Cardin Leahy Sinema
Fischer Paul much the taxpayers are going to have Carper Luján Smith
to pay. Casey Manchin
NAYS—50 Stabenow
Coons Markey
Baldwin Hickenlooper Reed Please vote in favor of my motion to Cortez Masto Menendez
Tester
Bennet Hirono Rosen commit to consider the reforms nec- Duckworth Van Hollen
Merkley
Blumenthal Kaine Warner
Sanders essary to protect the taxpayers and en- Durbin Murphy
Warnock
Booker Kelly Schatz Feinstein Murray
Brown King
sure the long-term sustainability of Gillibrand Ossoff Warren
Schumer
Cantwell Klobuchar Shaheen
the multiemployer pension system. Hassan Padilla Whitehouse
Cardin Leahy Sinema The PRESIDING OFFICER. The Sen- Heinrich Peters Wyden
Carper Luján Smith ator from Ohio.
Casey Manchin NOT VOTING—1
Stabenow Mr. BROWN. Mr. President, every
Coons Markey Sullivan
Tester
Cortez Masto Menendez time banks need help and every time
Duckworth Van Hollen The motion was rejected.
Merkley large corporate interests need help,
Durbin Murphy Warner The PRESIDING OFFICER. The Sen-
Feinstein Murray Warnock this body rises to the occasion, but
Warren when it is a bunch of workers or a ator from Pennsylvania.
Gillibrand Ossoff
Hassan Padilla Whitehouse bunch of small businesses, we are going AMENDMENT NO. 1010 TO AMENDMENT NO. 891
Heinrich Peters Wyden Mr. TOOMEY. Mr. President, I call
to turn our backs? Unions, chambers of
NOT VOTING—1 commerce, and small businesses—pret- up my amendment No. 1010, and I ask
Sullivan ty much everyone—agree we need to that it be reported by number.
get this done. The PRESIDING OFFICER. The
The amendment (No. 1161) was re- clerk will report the amendment by
jected. I have listened for years to my col-
leagues’ speeches extolling the value of number.
The PRESIDING OFFICER. The Sen- The bill clerk read as follows:
ator from Iowa. hard work and the virtues of small
businesses. This is your chance, my The Senator from Pennsylvania [Mr.
MOTION TO COMMIT WITH INSTRUCTIONS TOOMEY] proposes an amendment numbered
friends, to live up to your own words
Mr. GRASSLEY. Mr. President, I 1010 to amendment No. 891.
and help these workers.
have a motion to commit at the desk, The amendment is as follows:
In collective bargaining, they nego-
and I ask that it be reported.
tiate at the bargaining table. They (Purpose: To strike a provision providing
The PRESIDING OFFICER. The
gave up money today to put money in payments to farmers for purposes unre-
clerk will report the motion. lated to COVID–19)
The legislative clerk read as follows: pensions for the future. If you support
working Americans, vote no on this Strike section 1005.
The Senator from Iowa [Mr. GRASSLEY]
moves to commit the bill, H.R. 1319, to the motion. Let’s pass a solution which ac- ADDITIONAL COSPONSOR
Committee on Finance with instructions to tually honors the dignity of work. The PRESIDING OFFICER. Mr.
report the same back to the Senate in 3 days, Mr. GRASSLEY. Mr. President, do I President, I ask unanimous consent for
not counting any day on which the Senate is have any time remaining? 2 minutes of debate, equally divided,
not in session, with changes that—(1) are The PRESIDING OFFICER. The Sen- and that Senator DAINES be added as a
within the jurisdiction of such committee; ator’s time has expired. cosponsor.
and (2) include reforms to protect taxpayers
from perpetually subsidizing private sector
VOTE ON MOTION TO COMMIT The PRESIDING OFFICER. Without
pension plans by ensuring the long-term sol- The question is on agreeing to the objection, it is so ordered.
vency of the multiemployer pension system. motion. Mr. TOOMEY. Mr. President, my
The motion is as follows: Mr. GRASSLEY. Mr. President, I ask amendment would simply strike the
for the yeas and nays. section that provides ‘‘such sums as
ctelli on DSK11ZRN23PROD with SENATE
MOTION TO COMMIT WITH INSTRUCTIONS
The PRESIDING OFFICER. Is there a may be necessary to make payments of
Mr. Grassley moves to commit the bill,
H.R. 1319, to the Committee on Finance with
sufficient second? 120 percent of outstanding debts to so-
instructions to report the same back to the There appears to be a sufficient sec- cially disadvantaged farmers and
Senate in 3 days, not counting any day on ond. ranchers.’’
which the Senate is not in session, with The clerk will call the roll. There are only two requirements to
changes that— The legislative clerk called the roll. get this money. One is to have a USDA
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1241
farm loan, and there are billions of dol- Capito Hoeven Romney mula that just happens to reward the
Cassidy Hyde-Smith Rounds
lars’ worth out there, and the other is, Collins Inhofe Rubio
largest urban transit systems. My
you must be a member of a favored ra- Cornyn Johnson Sasse amendment would reinstate the reg-
cial or ethnic group, including African Cotton Kennedy Scott (FL) ular formula. It will ensure transit
American, Hispanic, Asian Americans, Cramer Lankford Scott (SC) money is at least distributed fairly in-
Crapo Lee Shelby
and some others. There is no income Cruz Lummis stead of benefitting one or two cities,
Thune
test. There is no asset test. It doesn’t Daines Marshall
Tillis
and I urge my colleagues to support it.
matter whether you are rich or poor. Ernst McConnell
Toomey The PRESIDING OFFICER. The Sen-
Fischer Moran
You don’t have to have experienced Graham Murkowski
Tuberville ator from Ohio.
any harm of any kind whatsoever, in- Grassley Paul Wicker Mr. BROWN. Mr. President, I oppose
Young the amendment. Don’t believe the false
cluding from COVID. You just have to Hagerty Portman
be the right race. Hawley Risch argument that most of the funding
The senior Senator from Michigan NAYS—50 goes to New York. In New Jersey, they
called this provision ‘‘an important Baldwin Hickenlooper Reed get the same treatment as everyone
piece of reparations.’’ This bill is sup- Bennet Hirono Rosen else.
posed to be about COVID relief and Blumenthal Kaine Sanders The alternative formula offered by
Booker Kelly Schatz
helping the people who are adversely Brown King
the amendment is indefensible. One
Schumer
affected by the economics of the Cantwell Klobuchar Shaheen
small city would get 2,400 times their
lockdown. Instead, we are handing out Cardin Leahy Sinema annual transit budget.
money based exclusively on race. This
Carper Luján Smith And think about the workers. Think
Casey Manchin
is unconstitutional. It is outrageous. Coons Markey
Stabenow about the drivers and the clerks who
Tester put themselves dealing with the public
My amendment strikes the provision, Cortez Masto Menendez
Van Hollen
and I urge its adoption. Duckworth Merkley every single day and the anxiety com-
Durbin Murphy Warner
The PRESIDING OFFICER. The Sen- Warnock ing home at night about potentially
Feinstein Murray
ator from Georgia. Gillibrand Ossoff Warren having COVID. The way we treat essen-
Mr. WARNOCK. Mr. President, con- Hassan Padilla Whitehouse tial workers is crucial in this bill. If
Heinrich Peters Wyden you care about workers and if you care
trary to the suggestion from my col-
league from Pennsylvania, this provi- NOT VOTING—1 about the dignity of work, vote no on
sion has everything to do with COVID– Sullivan this amendment.
19 relief. Mrs. FISCHER. Mr. President, do I
The amendment (No. 1010) was re- have time?
The thing about this terrible pan- jected. The PRESIDING OFFICER. The Sen-
demic is that it has both illuminated The PRESIDING OFFICER. The Sen- ator’s time has expired.
and exacerbated longstanding dispari- ator from Nebraska. Mrs. FISCHER. Could I ask unani-
ties rooted in our racial past, and for AMENDMENT NO. 944 TO AMENDMENT NO. 891 mous consent for 15 more seconds,
too long, farmers of color have been (Purpose: To distribute funds for public please?
left to fend for themselves, not getting transportation urbanized area formula The PRESIDING OFFICER. Without
the support they deserve from the grants through the existing formulas) objection, it is so ordered.
USDA, making it even more difficult Mrs. FISCHER. New York would re-
Mrs. FISCHER. Mr. President, I call
for them to recover from this pan- ceive 30 percent more under this new
up my amendment No. 944 and ask that
demic. formula compared to the 18 percent
it be reported by number.
We have an opportunity here to lift they have now. For example, Reno, NV,
The PRESIDING OFFICER. The
all of our rural communities by aiming would lose $2 million, and other cities
clerk will report the amendment by
the aid where it is needed given our like that lose as well under this new
number.
historic past, which is very much The senior assistant legislative clerk formula.
present. So I urge all of my colleagues read as follows: Mr. BROWN. Mr. President, may I
to oppose this amendment that strips ask unanimous consent for 15 seconds
The Senator from Nebraska [Mrs. FISCHER]
these communities that have been for- proposes an amendment numbered 944 to also?
gotten by our government of the relief amendment No. 891. The PRESIDING OFFICER. Without
that they so desperately deserve. It objection, it is so ordered.
(The amendment is printed in the
will have an adverse effect on the very Mr. BROWN. Thank you. The transit
RECORD of March 4, 2021, under ‘‘Text of
relief that we are trying to provide to formula in the American Rescue Plan
Amendments.’’)
all rural communities. Act is the exact same formula devel-
Mrs. FISCHER. Mr. President, I ask
The PRESIDING OFFICER. All time oped with Republicans, some of that
unanimous consent for 2 minutes of de-
has expired. coming out of the Banking, Housing,
bate equally divided.
VOTE ON AMENDMENT NO. 1010 and Urban Affairs Committee for the
The PRESIDING OFFICER. Without
The question is on agreeing to the relief bill we passed in December. This
objection, it is so ordered.
amendment. formula uses data and not politics to
Mrs. FISCHER. Mr. President, my
Mr. TOOMEY. I ask for the yeas and allocate funds.
amendment would fix the proposed new
nays. VOTE ON AMENDMENT NO. 944
formula that benefits New York at the
The PRESIDING OFFICER. Is there a expense of other States. The bill pro- The PRESIDING OFFICER. The
sufficient second? vides $30 billion for transit on top of question is on agreeing to the amend-
There appears to be a sufficient sec- the nearly $40 billion Congress already ment.
ond. Mr. CORNYN. I ask for the yeas and
gave transit in the CARES Act and the
The clerk will call the roll. nays.
December COVID bill. The PRESIDING OFFICER. Is there a
The bill clerk called the roll. I oppose the extreme funding, but my
Mr. THUNE. The following Senator is sufficient second?
amendment at least fixes one troubling There appears to be a sufficient sec-
necessarily absent: the Senator from detail. The bill directs $26 billion in ond.
Alaska (Mr. SULLIVAN). transit to urbanized areas but gives 30 The clerk will call the roll.
The PRESIDING OFFICER. Are there percent of that to New York City, near- The legislative clerk called the roll.
any other Senators in the Chamber ly double of what it would receive Mr. THUNE. The following Senator is
wishing to vote? under the normal formula. By voting necessarily absent: the Senator from
ctelli on DSK11ZRN23PROD with SENATE
The result was announced—yeas 49, for this bill, my colleagues from States Alaska (Mr. SULLIVAN).
nays 50, as follows: like Arizona, Georgia, and West Vir- The PRESIDING OFFICER. Are there
[Rollcall Vote No. 86 Legs] ginia would lose out on transit money any other Senators in the Chamber de-
YEAS—49 to New York. siring to vote?
Barrasso Blunt Braun The bill also has $2.2 billion for FTA The result was announced—yeas 49,
Blackburn Boozman Burr to allocate based on another new for- nays 50, as follows:
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S1242 CONGRESSIONAL RECORD — SENATE March 5, 2021
[Rollcall Vote No. 87 Leg.] Mr. CARDIN. Mr. President, I oppose Van Hollen Warnock Whitehouse
Warner Warren Wyden
YEAS—49 this amendment. This is a matter of
Barrasso Graham Portman basic fairness. NOT VOTING—2
Blackburn Grassley Risch When we passed the Paycheck Pro- Sullivan Toomey
Blunt Hagerty Romney
Boozman Hawley
tection Program, it included non- The amendment (No. 1014) was re-
Rounds
Braun Hoeven Rubio profits. We didn’t have the cost esti- jected.
Burr Hyde-Smith Sasse mates for all the (c)’s. Originally we The PRESIDING OFFICER. The Sen-
Capito Inhofe Scott (FL) only included the (c)(3)’s. We added the
Cassidy Johnson
ator from Indiana.
Scott (SC) (c)(6)’s during the omnibus. This adds
Collins Kennedy AMENDMENT NO. 1383 TO AMENDMENT NO. 891
Shelby
Cornyn Lankford
Thune
the rest of the (c)’s, other than (c)(4)’s, Mr. YOUNG. Mr. President, I call up
Cotton Lee with the protection against lobbying
Cramer Lummis
Tillis my amendment No. 1383 and ask that it
Crapo Marshall Toomey activities, et cetera, that is in the bill. be reported by number.
Cruz McConnell Tuberville The standards are the same as they are The PRESIDING OFFICER. The
Daines Moran Wicker for the other nonprofits. This is just a
Young
clerk will report the amendment by
Ernst Murkowski matter of fairness.
Fischer Paul number.
Let me just point out, according to The senior assistant legislative clerk
NAYS—50 information that we have received read as follows:
Baldwin Hickenlooper Reed from a Johns Hopkins University The Senator from Indiana [Mr. YOUNG] pro-
Bennet Hirono Rosen
Blumenthal Kaine Sanders
study, we have lost over a million jobs poses an amendment numbered 1383 to
Booker Kelly Schatz in the nonprofit sector as a result of amendment No. 891.
Brown King Schumer COVID–19. This bill is needed, and we The amendment is as follows:
Cantwell Klobuchar Shaheen need to be fair to all the nonprofits.
Cardin Leahy (Purpose: To strike the provision estab-
Sinema I urge my colleagues to reject the
Carper Luján Smith
lishing the Emergency Federal Employee
Casey Manchin
Stabenow
amendment. Leave Fund and appropriate $300,000,000 for
Coons Markey chemical screening devices for U.S. Cus-
Tester VOTE ON AMENDMENT NO. 1014
Cortez Masto Menendez toms and Border Protection)
Duckworth Van Hollen The PRESIDING OFFICER. The
Merkley
Durbin Murphy Warner
question is on agreeing to the amend- Strike section 4001 and insert the fol-
Feinstein Murray Warnock lowing:
Gillibrand Ossoff Warren ment. SEC. 4001. FUNDING FOR NARCOTIC AND OPIOID
Hassan Padilla Whitehouse Mr. PAUL. I ask for the yeas and DETECTION.
Heinrich Peters Wyden nays. (a) APPROPRIATION.—In addition to
NOT VOTING—1 The PRESIDING OFFICER. Is there a amounts otherwise available, there is appro-
Sullivan sufficient second? priated to U.S. Customs and Border Protec-
There appears to be a sufficient sec- tion for fiscal year 2021, out of any money in
The amendment (No. 944) was re- the Treasury not otherwise appropriated,
ond.
jected. $300,000,000, which shall remain available
The PRESIDING OFFICER. The Sen- The clerk will call the roll. until September 30, 2025, to acquire, deploy,
ator from Kentucky. The assistant bill clerk called the operate, and maintain chemical screening
AMENDMENT NO. 1014 TO AMENDMENT NO. 891
roll. devices to identify, in an operational envi-
Mr. THUNE. The following Senators ronment, synthetic opioids and other nar-
Mr. PAUL. Mr. President, I call up
are necessarily absent: the Senator cotics at purity levels less than or equal to
my amendment 1014 and ask that it be 10 percent.
from Alaska (Mr. SULLIVAN) and the
reported by number. (b) USE OF FUNDS.—Amounts appropriated
The PRESIDING OFFICER. The Senator from Pennsylvania (Mr.
under subsection (a) may also be used—
clerk will report the amendment by TOOMEY).
(1) to train users on the equipment de-
number. The PRESIDING OFFICER (Mr. scribed in such subsection;
The senior assistant bill clerk read as BLUMENTHAL). Are there any other Sen- (2) to provide directors of ports of entry
follows: ators in the Chamber desiring to vote with an alternate method for identifying
The Senator from Kentucky [Mr. PAUL] or change their vote? narcotics, including synthetic opioids, at
proposes an amendment numbered 1014 to The result was announced—yeas 47, lower purity levels; and
amendment No. 891. nays 51, as follows: (3) to test any new chemical screening de-
vices to understand the abilities and limita-
The amendment is as follows: [Rollcall Vote No. 88 Leg.]
tions of such devices relating to identifying
(Purpose: To strike provisions relating to YEAS—47 narcotics at various purity levels before U.S.
nonprofit entities for the paycheck protec- Barrasso Fischer Paul Customs and Border Protection commits to
tion program) Blackburn Graham Portman the acquisition of such devices.
Blunt Grassley Risch
Strike section 5001. Boozman Hagerty Mr. YOUNG. I ask unanimous con-
Romney
Mr. PAUL. Mr. President, I ask unan- Braun Hawley Rounds sent for 2 minutes of debate equally di-
imous consent for 2 minutes of debate, Burr Hoeven Rubio vided.
Capito Hyde-Smith Sasse The PRESIDING OFFICER. Without
equally divided. Cassidy Inhofe
The PRESIDING OFFICER. Without Scott (FL) objection, it is so ordered.
Collins Johnson
Scott (SC) Mr. YOUNG. Mr. President, in Feb-
objection, it is so ordered. Cornyn Kennedy
Shelby
Mr. PAUL. Mr. President, the Pay- Cotton Lankford
Thune ruary, I met with the President of the
Cramer Lee
check Protection Program was created Crapo Lummis Tillis United States along with nine of my
to help small businesses. We should all Cruz Marshall Tuberville colleagues. The objective here was to
agree that an organization with thou- Daines McConnell Wicker find middle ground on a targeted
Ernst Moran Young
sands of employees working in dozens COVID relief package focused on vac-
of cities across the country is not a NAYS—51 cine distribution and getting Ameri-
small business, but this bill has a pro- Baldwin Heinrich Ossoff cans back to work and back to school
vision that would extend small busi- Bennet Hickenlooper Padilla as quickly as possible. Instead, we have
ness assistance to these kinds of large Blumenthal Hirono Peters been offered a bloated and wasteful
Booker Kaine Reed
organizations. Brown Kelly
spending bill, only 10 percent of which
Rosen
That means that an organization op- Cantwell King Sanders
actually goes toward COVID-related
erating in 100 cities across America, Cardin Klobuchar Schatz needs.
with thousands of employees, will get Carper Leahy Schumer Meanwhile, the COVID–19 crisis has
ctelli on DSK11ZRN23PROD with SENATE
Casey Luján
money that was really intended for Coons Manchin
Shaheen exacerbated America’s drug epidemic
Sinema with synthetic opioids being the pri-
small businesses. My amendment Cortez Masto Markey
Duckworth Smith
would remove this provision, and I urge Menendez mary driver of the 38-percent annual
Durbin Merkley Stabenow
a ‘‘yes’’ vote. Feinstein Murkowski Tester increase in overdose deaths.
The PRESIDING OFFICER. The Sen- Gillibrand Murphy We know illegal narcotics are coming
ator from Maryland. Hassan Murray through our southern border at ports of
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1243
entry. My unobjectionable amendment The PRESIDING OFFICER. Is there a and the Coronavirus Local Fiscal Recovery
simply increases funding for Customs sufficient second? Fund and dedicate such amounts to pay for
and Border Protection by $300 million There appears to be a sufficient sec- bipartisan surface transportation reauthor-
ization legislation.
for technology to detect fentanyl and ond.
other drugs of lower purity levels. The clerk will call the roll. Mrs. CAPITO. Mr. President, I ask
This funding is more than offset by The senior assistant legislative clerk unanimous consent that there be 2
reducing funding from a provision called the roll. minutes of debate equally divided.
granting 600 hours of paid leave to Fed- Mr. THUNE. The following Senators The PRESIDING OFFICER. Without
eral employees—600 hours. That is 15 are necessarily absent: the Senator objection, it is so ordered.
weeks of paid leave. So if an employee from Kentucky (Mr. PAUL) and the Mrs. CAPITO. Mr. President, one of
took every day of this paid leave in Senator from Alaska (Mr. SULLIVAN). our top priorities will be the surface
this bloated spending bill starting The PRESIDING OFFICER. Are there transportation reauthorization bill.
today, that would be by June 18. Oh, by any other Senators in the Chamber de- Our EPW Committee has already
the way, we are supposed to all be vac- siring to vote? kicked off bipartisan efforts to meet
cinated by the end of May, according to The result was announced—yeas 48, our Nation’s transportation needs.
the President. nays 50, as follows: Every State needs the certainty of a
The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 89 Leg.] long-term reauthorization plan to com-
ator from Maryland. YEAS—48
plete projects. Paying for infrastruc-
Mr. VAN HOLLEN. Mr. President, I ture is a difficult challenge. A status
Barrasso Fischer Murkowski
share my colleague’s interest in sup- Blackburn Graham Portman quo reauthorization bill would require
porting the men and women at Cus- Blunt Grassley Risch at least $70 billion in new funding for
toms and Border Protection, but this Boozman Hagerty Romney the highway trust fund, which we all
amendment does the opposite. In fact, Braun Hawley Rounds
Burr Hoeven Rubio
know falls short, and we all want to
what it does is strip them of critical Capito Hyde-Smith Sasse make sure that we make robust invest-
emergency support to them and other Cassidy Inhofe Scott (FL) ments in our roads and bridges.
frontline Federal employees who are Collins Johnson Scott (SC) The bill on the floor provides $350 bil-
working to protect our country. In Cornyn Kennedy Shelby
Cotton Lankford Thune
lion to State and local on top of the
fact, 8,000 of the Federal employees at Cramer Lee Tillis $150 billion that was provided in the
CBP have tested positive for COVID–19. Crapo Lummis Toomey CARES Act. This motion instructs the
Twenty-seven have died. Cruz Marshall Tuberville Finance Committee to divert some of
Your amendment would strip away Daines McConnell Wicker
Ernst Moran Young that $350 billion to, instead, help pay
emergency medical leave for these men forward for a bipartisan surface trans-
and women who are protecting us while NAYS—50
portation reauthorization bill. Funds
keeping the provisions in the bill that Baldwin Hickenlooper Reed
would still go to our States and local-
provide a 100-percent tax credit to pri- Bennet Hirono Rosen
Blumenthal Kaine Sanders ities, but the dollars would be better
vate employers to provide up to $511 a Booker Kelly Schatz spent on road and bridge projects that
day in sick leave, a provision I support. Brown King Schumer create a safer and more efficient trans-
So here you are targeting the men Cantwell Klobuchar Shaheen portation system.
and women who are protecting our Cardin Leahy Sinema
Carper Luján Smith
I urge my colleagues to support the
country at the border and other places Casey Manchin motion to commit.
Stabenow
by stripping them of their ability to Coons Markey
Tester The PRESIDING OFFICER. The Sen-
take sick leave and keeping in the pro- Cortez Masto Menendez
Duckworth Merkley
Van Hollen ator from Oregon.
vision that allows our private sector Durbin Murphy Warner Mr. WYDEN. Mr. President, to speak
neighbors to provide sick leave. This is, Feinstein Murray Warnock
in opposition, the Capito motion to
unfortunately, just aimed at under- Gillibrand Ossoff Warren
Hassan Padilla Whitehouse commit the bill to the Finance Com-
mining the folks who are helping pro- Wyden mittee instructs the committee to do
Heinrich Peters
tect this country on the frontline. I two things. The first is to dedicate
ask my colleagues to oppose the NOT VOTING—2
funds to pay for bipartisan transpor-
amendment. Paul Sullivan
tation legislation. The other is to cut
Mr. YOUNG. I ask unanimous con- The amendment (No. 1383) was re- the funding currently provided in our
sent for 30 seconds to respond. jected. bill to provide relief to State and local
The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- governments.
objection, it is so ordered. ator from West Virginia. I would like to say that the reason
Mr. YOUNG. Only in Washington, DC,
MOTION TO COMMIT WITH INSTRUCTIONS we oppose this is that this, colleagues,
and in the greater Washington, DC,
Mrs. CAPITO. Mr. President, I have a is a false choice. If we are talking
area does it make sense to offer paid
motion to commit at the desk, and I about major legislation to improve our
leave in a $1.9 trillion spending bill at
ask that it be reported. infrastructure, including roads,
5:15 a.m. in the morning to last until
The PRESIDING OFFICER. The bridges, airports, broadband, and more,
after a pandemic is projected to be
clerk will report the motion. count us in. In fact, I think one of the
over. How wasteful could we be with
The senior assistant bill clerk read as first areas we ought to be focusing on,
our constituent spending?
Vote for my amendment. follows: if we finish this bill, is infrastructure,
Mr. VAN HOLLEN. Mr. President, I The Senator from West Virginia [Mrs. CAP- but this does not have to be at the ex-
ask for 15 seconds. ITO] moves to commit the bill, H.R. 1319, to pense of relief to State and local gov-
The PRESIDING OFFICER. Without the Committee on Finance with instructions. ernments. These two are not mutually
objection, it is so ordered. The motion to commit is as follows: exclusive, colleagues. We can do both.
Mr. VAN HOLLEN. I just want to MOTION TO COMMIT WITH INSTRUCTIONS We can address infrastructure and help
point out that if we want to prevent Mrs. Capito moves to commit the bill, H.R.
our State and local governments that
the spread of the virus, we need to 1319, to the Committee on Finance with in- have been hammered by COVID and a
make sure those who get it have a structions to report the same back to the struggling economy. They have had to
chance to stay home and not spread it Senate in 3 days, not counting any day on lay off police, teachers, EMTs, and
among their colleagues around the which the Senate is not in session, with many others.
country. changes that— I urge opposition to the Capito mo-
ctelli on DSK11ZRN23PROD with SENATE
(1) are within the jurisdiction of such com- tion.
VOTE ON AMENDMENT NO. 1383
mittee; and The PRESIDING OFFICER. The Sen-
The PRESIDING OFFICER. The (2) in order to fix and enhance our Nation’s
question is on agreeing to the amend- ator’s time has expired.
infrastructure, create jobs, and help our
ment. economy recover from the COVID–19 pan- VOTE ON MOTION TO COMMIT
Mrs. BLACKBURN. Mr. President, I demic, reduce the amounts appropriated for The PRESIDING OFFICER. The
ask for the yeas and nays. the Coronavirus State Fiscal Recovery Fund question is on agreeing to the motion.
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S1244 CONGRESSIONAL RECORD — SENATE March 5, 2021
Mrs. CAPITO. Mr. President, I ask appropriated, $729,611,840, to remain avail- Mr. SCOTT of Florida. Mr. President,
for the yeas and nays. able until September 30, 2024, for grants as I ask unanimous consent for 2 minutes
The PRESIDING OFFICER. Is there a authorized under section 11101(b) of the of debate, equally divided.
FAST Act (Public Law 114–94) to prevent,
sufficient second? The PRESIDING OFFICER. Without
prepare for, and respond to coronavirus.
There appears to be a sufficient sec- (b) LONG-DISTANCE SERVICE RESTORATION objection, it is so ordered.
ond. AND EMPLOYEE RECALLS.—Not less than Mr. SCOTT of Florida. Mr. President,
The clerk will call the roll. $165,926,000 of the amounts made available there is no reason this bill should in-
The senior assistant bill clerk called under subsection (a) shall be for use by the clude funding for Amtrak’s Northeast
the roll. National Railroad Passenger Corporation Corridor, a woefully mismanaged pub-
Mr. THUNE. The following Senators to— lic railway system that benefits very
(1) restore, not later than 90 days after the few Americans.
are necessarily absent: the Senator date of enactment of this Act, the frequency
from Kentucky (Mr. PAUL) and the My amendment redirects this waste-
of rail service on long-distance routes (as de-
Senator from Alaska (Mr. SULLIVAN). fined in section 24102 of title 49, United ful spending to strengthen many of the
The PRESIDING OFFICER. Are there States Code) that the National Railroad Pas- core missions of our military. For the
any other Senators in the Chamber de- senger Corporation reduced the frequency of U.S. Coast Guard, that includes search
siring to vote? on or after July 1, 2020, and continue to oper- and rescue, drug and migrant interdic-
The result was announced—yeas 48, ate such service at such frequency; and tion, cargo and personnel transport,
nays 50, as follows: (2) recall and manage employees fur- and maritime stewardship. American
loughed on or after October 1, 2020, as a re- taxpayer dollars are better spent to
[Rollcall Vote No. 90 Leg.] sult of efforts to prevent, prepare for, and re-
YEAS—48 support this mission and improve the
spond to coronavirus.
(c) USE OF FUNDS FOR STATE PAYMENTS FOR defense and security of this Nation
Barrasso Fischer Murkowski
Blackburn Graham Portman STATE-SUPPORTED ROUTES.— than to prop up wasteful and mis-
Blunt Grassley Risch (1) IN GENERAL.—Of the amounts made managed transportation systems in
Boozman Hagerty Romney available under subsection (a), $174,850,000 New Jersey, New York, and Massachu-
Braun Hawley Rounds shall be for use by the National Railroad
Burr Hoeven Rubio
setts.
Passenger Corporation to offset amounts re- My amendment directs nearly $1 bil-
Capito Hyde-Smith Sasse
quired to be paid by States for covered
Cassidy Inhofe Scott (FL) lion to the Coast Guard’s Super Her-
Collins Johnson Scott (SC) State-supported routes.
(2) FUNDING SHARE.—The share of funding cules program to continue their pro-
Cornyn Kennedy Shelby
Cotton Lankford Thune provided under paragraph (1) with respect to curement of HC–130Js, a top-of-class
Cramer Lee Tillis a covered State-supported route shall be dis- long range surveillance aircraft which
Crapo Lummis Toomey tributed as follows: will strengthen our national defense
Cruz Marshall Tuberville (A) Each covered State-supported route
Daines McConnell Wicker
and border security. I urge my col-
shall receive 7 percent of the costs allocated leagues to join me in support of this
Ernst Moran Young
to the route in fiscal year 2019 under the cost amendment.
NAYS—50 allocation methodology adopted pursuant to
The PRESIDING OFFICER (Mr.
Baldwin Hickenlooper Reed section 209 of the Passenger Rail Investment
and Improvement Act of 2008 (Public Law OSSOFF). The Senator from Wash-
Bennet Hirono Rosen
Blumenthal Kaine Sanders 110–432). ington.
Booker Kelly Schatz (B) Any remaining amounts after the dis- Ms. CANTWELL. Mr. President, the
Brown King Schumer tribution described in subparagraph (A) shall sun is coming up in Washington, DC,
Cantwell Klobuchar Shaheen be apportioned to each covered State-sup- and we have to spend all night debating
Cardin Leahy Sinema ported route in proportion to the passenger policy and questions to arrive at this
Carper Luján Smith
Casey Manchin revenue of such route and other revenue allo- moment, at 6 a.m., with an amendment
Stabenow cated to such route in fiscal year 2019 divided
Coons Markey that is literally robbing Peter to pay
Tester by the total passenger revenue and other
Cortez Masto Menendez
Duckworth Merkley
Van Hollen revenue allocated to all covered State-sup- Paul. This isn’t the idea of a debate.
Durbin Murphy Warner
ported routes in fiscal year 2019. The Amtrak and North Corridor Sys-
Feinstein Murray Warnock tem has basically had to reallocate re-
(3) COVERED STATE-SUPPORTED ROUTE DE-
Gillibrand Ossoff Warren
Whitehouse
FINED.—In this subsection, the term ‘‘cov- sources. The 457 Corridor, which is one
Hassan Padilla
Heinrich Peters Wyden ered State-supported route’’ means a State- of the busiest in the Nation, has over
supported route, as such term is defined in 750,000 people on that system, but be-
NOT VOTING—2 section 24102 of title 49, United States Code, cause of COVID, it has lost revenue. It
Paul Sullivan but does not include a State-supported route
for which service was terminated on or be-
has a 97-percent loss of revenue, and
The motion was rejected. fore February 1, 2020. now they are making drastic cuts to
The PRESIDING OFFICER. The Sen- (d) USE OF FUNDS FOR DEBT REPAYMENT OR employees and to services that could
ator from Florida. PREPAYMENT.—Not more than $100,885,000 of become permanent.
AMENDMENT NO. 1395 TO AMENDMENT NO. 891 the amounts made available under sub- This simply helps Amtrak and our
section (a) shall be— busiest corridor stay in business. We
Mr. SCOTT of Florida. Mr. President, (1) for the repayment or prepayment of
I call up my amendment No. 1395, and will address the Coast Guard needs in
debt incurred by the National Railroad Pas-
ask that it be reported by number. senger Corporation under financing arrange-
other legislation. I ask my colleagues
The PRESIDING OFFICER. The ments entered into prior to the date of en- to vote no. Stop robbing Peter to pay
clerk will report the amendment by actment of this Act; and Paul. Let’s fix the COVID crisis on our
number. (2) to pay required reserves, costs, and fees transportation system.
The legislative clerk read as follows: related to such debt, including for loans from VOTE ON AMENDMENT NO. 1395
the Department of Transportation and loans The PRESIDING OFFICER. The
The Senator from Florida [Mr. SCOTT] pro-
that would otherwise have been paid from question is on agreeing to the amend-
poses an amendment numbered 1395 to
National Railroad Passenger Corporation
amendment No. 891. ment.
revenues.
The amendment is as follows: (e) PROJECT MANAGEMENT OVERSIGHT.—Not Mr. SCOTT of Florida. I ask for the
more than $2,000,000 of the amounts made yeas and nays.
(Purpose: To fund the procurement of HC– The PRESIDING OFFICER. Is there a
available under subsection (a) shall be for ac-
130J aircraft by the Coast Guard, and to
provide an offset by striking National Rail-
tivities authorized under section 11101(c) of sufficient second?
road Passenger Corporation grant funding
the FAST Act (Public Law 114–94). There appears to be a sufficient sec-
for the Northeast Corridor)
SEC. 7101A. COAST GUARD PROCUREMENT OF ond.
HC–130J AIRCRAFT. The clerk will call the roll.
Strike section 7101 and insert the fol- In addition to amounts otherwise avail- The legislative clerk called the roll.
ctelli on DSK11ZRN23PROD with SENATE
lowing: able, there is appropriated to the Secretary Mr. THUNE. The following Senators
SEC. 7101. GRANTS TO THE NATIONAL RAILROAD of Homeland Security for fiscal year 2021,
PASSENGER CORPORATION. are necessarily absent: the Senator
out of any money in the Treasury not other-
(a) NATIONAL NETWORK APPROPRIATION.—In wise appropriated, $970,388,160, to remain from Kentucky (Mr. PAUL) and the
addition to amounts otherwise available, available until September 30, 2024, for the Senator from Alaska (Mr. SULLIVAN).
there is appropriated for fiscal year 2021, out procurement of HC–130J aircraft for the The result was announced—yeas 47,
of any money in the Treasury not otherwise Coast Guard. nays 51, as follows:
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1245
[Rollcall Vote No. 91 Leg.] to the Finance Committee to adopt the Ernst Lankford Rubio
Fischer Lee Sasse
YEAS—47 commonsense rule that should have Graham Lummis Scott (FL)
Barrasso Fischer Portman been in there from the beginning that Grassley Marshall Scott (SC)
Blackburn Graham Risch we are not going to give bailout money Hagerty McConnell Shelby
Blunt Grassley Romney Hawley Moran Thune
Boozman Hagerty
to sanctuary States and sanctuary cit-
Rounds Hoeven Murkowski Tillis
Braun Hawley Rubio
ies. Hyde-Smith Portman Toomey
Burr Hoeven Sasse Now, to whom are the States and cit- Inhofe Risch Tuberville
Capito Hyde-Smith Scott (FL) ies giving sanctuary? Criminal illegal Johnson Romney Wicker
Cassidy Inhofe Scott (SC) Kennedy Rounds Young
Collins Johnson aliens. Where is the sanctuary for their
Shelby NAYS—50
Cornyn Kennedy victims? Why should cities and States
Thune
Cotton Lankford
Tillis that refuse to cooperate with Federal Baldwin Hickenlooper Reed
Cramer Lee Bennet Hirono
Crapo Lummis Toomey law enforcement receive Federal bail- Rosen
Blumenthal Kaine Sanders
Cruz Marshall Tuberville outs? They should not. Booker Kelly
Wicker Schatz
Daines McConnell I reserve my time. Brown King Schumer
Ernst Murkowski Young
The PRESIDING OFFICER. The Sen- Cantwell Klobuchar Shaheen
ator from Illinois. Cardin Leahy Sinema
NAYS—51
Carper Luján Smith
Baldwin Hickenlooper Peters Mr. DURBIN. Mr. President, let’s Casey Manchin
Stabenow
Bennet Hirono Reed face reality. The immigration law sys- Coons Markey
Tester
Blumenthal Kaine Rosen tem in America is broken. If we are Cortez Masto Menendez
Booker Kelly Sanders Duckworth Van Hollen
Merkley
Brown King Schatz going to get behind slogans and bumper Durbin Murphy Warner
Cantwell Klobuchar Schumer stickers and do something about the Feinstein Murray Warnock
Cardin Leahy Shaheen problems we face in America, we have Gillibrand Ossoff Warren
Carper Luján Sinema Hassan Padilla Whitehouse
Casey Manchin Smith
to talk about comprehensive immigra- Wyden
Heinrich Peters
Coons Markey Stabenow tion reform.
Cortez Masto Menendez Tester The amendment being offered by the NOT VOTING—2
Duckworth Merkley Van Hollen Senator from Arkansas brings back an- Paul Sullivan
Durbin Moran Warner
Feinstein Murphy Warnock other one of the old arguments about The motion is rejected.
Gillibrand Murray Warren sanctuary cities. The PRESIDING OFFICER. The Sen-
Hassan Ossoff Whitehouse Let me tell you what the police chief,
Heinrich Padilla Wyden ator from Kansas.
Art Acevedo of Houston, had to say be- AMENDMENT NO. 1342 TO AMENDMENT NO. 891
NOT VOTING—2 fore the Senate Judiciary Committee.
Mr. MORAN. Mr. President, I call up
Paul Sullivan If we are to be tough on crime, we must
my amendment 1342 and ask that it be
The amendment (No. 1395) was re- not forget that it begins with trust and co-
operation in our communities. reported by number.
jected. The PRESIDING OFFICER. The
The PRESIDING OFFICER. The Sen- He went on to say: clerk will report the amendment by
ator from Arkansas. [I]f we want to be effective and work to number.
MOTION TO COMMIT WITH INSTRUCTIONS disrupt the drug cartels, we cannot afford to
alienate broad spectrums of our community.
The legislative clerk read as follows:
Mr. COTTON. Mr. President, I have a The Senator from Kansas [Mr. MORAN], for
Asking local law enforcement officers to be-
motion to commit at the desk, and I come involved in immigration enforcement himself and others, proposes an amendment
ask that it be reported. is counterproductive. numbered 1342 to amendment No. 891.
The PRESIDING OFFICER. The The amendment is as follows:
Vote no on the Cotton amendment.
clerk will report the motion.
Mr. COTTON. Mr. President. (Purpose: To provide an effective date for the
The bill clerk read as follows:
The PRESIDING OFFICER. The Sen- modification of revenue requirements for
The Senator from Arkansas [Mr. COTTON]
moves to commit the bill, H.R. 1319, to the
ator from Arkansas. proprietary institutions of higher edu-
Mr. COTTON. The immigration sys- cation)
Committee on Finance with instructions.
tem is broken because the Democratic At the end of section 2013, add the fol-
The motion is as follows: lowing:
Party will not enforce our borders. You
MOTION TO COMMIT WITH INSTRUCTIONS see that with the Biden border crisis (c) EFFECTIVE DATE.—The amendments
Mr. Cotton moves to commit the bill H.R. right now. We can fix one small part of made under this section shall—
1319 to the Committee on Finance with in- (1) be subject to the master calendar re-
it by stopping Federal bailout dollars quirements under section 482 of the Higher
structions to report the same back to the from going to cities and States that
Senate in 3 days, not counting any day on Education Act of 1965 (20 U.S.C. 1089) and the
refuse to cooperate with Federal law public involvement and negotiated rule-
which the Senate is not in session, with
changes that— enforcement. making requirements under section 492 of
(1) are within the jurisdiction of such com- VOTE ON MOTION TO COMMIT the Higher Education Act of 1965 (20 U.S.C.
mittee; and I ask for the yeas and nays. 1098a), except that such negotiated rule-
(2) reduce spending by prohibiting any pay- making shall commence not earlier than Oc-
The PRESIDING OFFICER. Is there a tober 1, 2021; and
ment of funds under Coronavirus State and sufficient second?
Local Fiscal Recovery Funds under title VI (2) apply to institutional fiscal years be-
There appears to be a sufficient sec- ginning on or after January 1, 2023.
of the Social Security Act, as amended by
section 9901 of the bill, to any State or sub- ond. Mr. MORAN. I ask unanimous con-
division thereof that prohibits its employees The clerk will call the roll. sent for 3 minutes of debate equally di-
or contractors from— The bill clerk called the roll. vided.
(A) sharing law enforcement information Mr. THUNE. The following Senators The PRESIDING OFFICER. Without
with the Department of Homeland Security; are necessarily absent: the Senator
or objection, it is so ordered.
from Kentucky (Mr. PAUL) and the Mr. MORAN. My colleagues, I arise
(B) cooperating with lawful requests from Senator from Alaska (Mr. SULLIVAN).
the Department of Homeland Security to here at the request of many veterans
The PRESIDING OFFICER. Are there service organizations and veterans
hold an individual pending arrest for any
violation of Federal law. any other Senators in the Chamber de- across the country who have called for
siring to vote? a long time for us to protect our mili-
The PRESIDING OFFICER. The Sen-
The result was announced—yeas 48, tary and veteran students and close the
ator from Arkansas.
nays 50, as follows: 90–10 loophole.
Mr. COTTON. Mr. President, I ask
ctelli on DSK11ZRN23PROD with SENATE
unanimous consent for 2 minutes of de- [Rollcall Vote No. 92 Leg.] What was once a partisan discussion
bate, equally divided. YEAS—48 is becoming a bipartisan discussion,
The PRESIDING OFFICER. Without Barrasso Burr Cotton and while the American Rescue Plan
Blackburn Capito Cramer closes the 90–10 loophole, we need to
objection, it is so ordered. Blunt Cassidy Crapo
Mr. COTTON. Mr. President, my mo- Boozman Collins Cruz make sure we do it in the right way,
tion to commit is to send this bill back Braun Cornyn Daines make these changes in the correct way,
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S1246 CONGRESSIONAL RECORD — SENATE March 5, 2021
and we need to ensure we put the pol- We invite you all to join us in sup- Making matters worse, our States
icy back in the perspective of not poli- porting this amendment. were at the epicenter of the COVID cri-
tics but the right answer. Mr. MORAN. Mr. President, while the sis. This provision would simply pro-
I am thankful to my colleagues Sen- Senator from Delaware stole my thun- vide parity, and it would do so, unlike
ators CARPER, CASSIDY, and LANKFORD der, I believe this amendment can pass what the Senator is saying, without de-
for putting politics aside and working by voice vote, and I would add the re- creasing payments for any other State.
on this amendment with me. I also quest that all of the amendments that This is the fairest way to provide
want to thank Chairman MURRAY and follow this follow the same precedent. parity that our States need and to be
Ranking Member BURR and their staffs, VOTE ON AMENDMENT NO. 1342 able to deal with the challenges of get-
as well as the veteran groups and the The PRESIDING OFFICER. The ting people at a time in which we need
stakeholders, for their help in crafting question is on agreeing to the amend- them the most.
this amendment. ment. The PRESIDING OFFICER. The Sen-
By providing a 6-month delay before The amendment (No. 1342) was agreed ator from Rhode Island.
the start of a negotiated rulemaking to. Mr. WHITEHOUSE. Madam Presi-
process, Congress now has time to (Applause.) dent, for 1 minute.
work together with our veterans serv- The PRESIDING OFFICER (Ms. HAS- Madam President, knowing how
ice organizations and the higher edu- SAN). The Senator from Tennessee. much my colleagues on the other side
cation community on a bipartisan plan AMENDMENT NO. 996 TO AMENDMENT NO. 891 love unelected bureaucrats, I want to
to deliver reasonable and needed pro- Mrs. BLACKBURN. Madam Presi- make sure it is clear that this was a
tections for veterans and taxpayers dent, I call up my amendment No. 996 unilateral decision made by an
alike. and ask that it be reported by number. unelected bureaucrat to change the
I ask my colleagues to join us in sup- The PRESIDING OFFICER. The way hospitals are compensated. And
port of our bipartisan amendment and clerk will report the amendment by the result, at least in my State, is that
continue to work with us on a path for- number. our hospitals are paid 25 cents per dol-
ward this Congress. The bill clerk read as follows: lar less than the hospital right across
I yield to the Senator from Delaware. The Senator from Tennessee [Mrs. BLACK- the border in Massachusetts and 30
The PRESIDING OFFICER. The Sen- BURN], for herself and others, proposes an cents per dollar less than the hospital
ator from Delaware. amendment numbered 996 to amendment No. right across the border 20 minutes
Mr. CARPER. Mr. President, this 891.
down the road in Connecticut.
may be the only bipartisan amendment The amendment is as follows: Dr. BARRASSO and Dr. CASSIDY can
that we will have the chance to vote on (Purpose: To strike section 9831) understand that a 25-percent hit in hos-
today. The really good news is that Strike section 9831. pitals that close together, a 30-percent
there will be a voice vote. Mrs. BLACKBURN. Madam Presi- hit between hospitals that close to-
For the past decade, our Nation’s dent, I ask unanimous consent for 4 gether, is ridiculous.
veterans service organizations have minutes of debate, equally divided. And my friends on the Finance Com-
called on Congress to protect our mili- The PRESIDING OFFICER. Without mittee will remember me showing this
tary veteran students and close the 90– objection, it is so ordered. graph to every Health and Human
10 loophole that you have heard about. Mrs. BLACKBURN. Madam Presi- Services witness who showed up.
Today, at long last, Congress heeds dent, this amendment strikes an unfair The PRESIDING OFFICER. The Sen-
that call by harnessing market forces hospital wage index earmark that ator’s time has expired.
to ensure better educational opportuni- would benefit just three States: Rhode Mr. WHITEHOUSE. And none could
ties and outcomes for our millions of Island, New Jersey, and Delaware. It defend it. I ask your support on this.
veterans. Those millions of veterans would give preferential treatment to The Senator from Tennessee.
and veteran students use their hard- them for the consideration of the area Mrs. BLACKBURN. Madam Presi-
earned educational benefits at a vari- wage index. dent, to respond to this, I think what
ety of educational institutions in our The benefit comes at the expense of you just heard from my colleague from
States, including the types of trade and poor Americans that are living in rural Rhode Island is what happens with too
vocational schools that my own fa- areas and make the payout disparities much government interference into
ther—maybe your relatives as well— between rural and urban hospitals healthcare. That is what he is com-
used in World War II and Korea and worse than they already are. If you plaining about, as we have been up all
Vietnam using the original GI bill. have rural hospitals in your State and night long working on this bill. There
Let me be clear. Some for-profit you vote against this amendment, is nothing that makes New Jersey,
schools in this country do a very good what you are doing is taking money Rhode Island, and Delaware more spe-
job working with our veterans, pre- from those hospitals; you are making cial than the other States in this coun-
paring them for lives and careers. Un- these disparities worse. try.
fortunately, we have seen way too It is a multibillion dollar earmark. If you have rural hospitals, if you
many that do not, and what we want to Get that, a multibillion dollar ear- have—if you vote no on this amend-
do with this legislation is to make sure mark. It has nothing to do with COVID ment, you are making the disparities
that the veterans are protected from relief and does not belong in this bill. worse. And I would urge a ‘‘yes’’ vote
the bad actors in the for-profit college The PRESIDING OFFICER. The Sen- on the amendment.
sector, places like ITT Tech and Corin- ator from New Jersey. Mr. MENENDEZ. Madam President, I
thian, places that no longer exist. Mr. MENENDEZ. Madam President, I ask for 15 additional seconds.
While the American Rescue Plan ask for 1 minute of the 2 minutes. The PRESIDING OFFICER. Without
closes the 90–10 loophole, we under- This provision is providing funda- objection, it is so ordered.
stand the need to make sure we get mental fairness so that hospitals in Mr. MENENDEZ. And there is noth-
this right. I am grateful to our col- every State of this country have the ing that makes any other State in this
leagues, for JERRY MORAN, and am resources they need to hire the best, country more special than our States.
proud to be joining him, along with most qualified providers. VOTE ON AMENDMENT NO. 996
Senators CASSIDY and LANKFORD, in the Years ago, CMS came up with an ar- The PRESIDING OFFICER. The
thoughtful, bipartisan approach to a bitrary formula that excluded a series question is on agreeing to the amend-
contentious issue. of States from a payment policy that ment.
By providing a 6-month delay before intended to benefit all hospitals so we Mrs. BLACKBURN. I ask for the yeas
ctelli on DSK11ZRN23PROD with SENATE
the start of the negotiated rulemaking are not competing for labor unfairly. A and nays.
process, our amendment gives Congress bipartisan policy that began under The PRESIDING OFFICER. Is there a
time to work together with our vet- President Bush continued through mul- sufficient second?
erans service organizations on a bipar- tiple administrations until the Trump There appears to be a sufficient sec-
tisan plan to strengthen these protec- administration ended it without jus- ond.
tions for our veterans and taxpayers. tification. The clerk will call the roll.
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1247
The legislative clerk called the roll. The legislative clerk read as follows: components of the amendment, and it
Mr. THUNE. The following Senator is The
Senator from Oklahoma [Mr. therefore violates section 313(b)1(d) of
necessarily absent: the Senator from LANKFORD], for himself and Mr. DAINES, pro- the Congressional Budget Act of 1974.
Alaska (Mr. SULLIVAN). poses an amendment numbered 1031 to The PRESIDING OFFICER. The Sen-
The result was announced—yeas 49, amendment No. 891. ator from Oklahoma.
nays 50, as follows: (The amendment is printed in today’s MOTION TO WAIVE
[Rollcall Vote No. 93 Leg.] RECORD under ‘‘Text of Amendments.’’) Mr. LANKFORD. Madam President,
YEAS—49 Mr. LANKFORD. I ask unanimous in the middle of a pandemic, we
Barrasso Graham Portman consent for 3 minutes of debate equally shouldn’t be dealing with abortion
Blackburn Grassley Risch divided. funding. So, I would say, pursuant to
Blunt Hagerty Romney The PRESIDING OFFICER. Without section 904 of the Congressional Budget
Boozman Hawley Rounds objection, it is so ordered.
Braun Hoeven Act, I move to waive.
Rubio Mr. LANKFORD. Madam President,
Burr Hyde-Smith Sasse VOTE ON MOTION TO WAIVE
Capito Inhofe Scott (FL) millions of Americans see a sonogram, The PRESIDING OFFICER. The
Cassidy Johnson Scott (SC) and they see a child. They count 10 fin-
Collins Kennedy question is on agreeing to the motion.
Cornyn Lankford
Shelby gers. They count 10 toes. They watch Mr. LANKFORD. Madam President, I
Thune that little girl in the womb suck her
Cotton Lee
Tillis
ask for the yeas and nays.
Cramer Lummis
Toomey
thumb. They see a child. The PRESIDING OFFICER. Is there a
Crapo Marshall Science notes that the DNA of that
Cruz McConnell Tuberville sufficient second?
Daines Moran Wicker child in the womb is different than the There appears to be a sufficient sec-
Ernst Murkowski Young DNA of the mom and different than the ond.
Fischer Paul DNA of the dad. It is both confirmed by The clerk will call the roll.
NAYS—50 science that is a baby, and it is self-evi- The bill clerk called the roll.
Baldwin Hickenlooper Reed dent by just looking at her in the Mr. THUNE. The following Senator is
Bennet Hirono Rosen womb, that is a child. Millions of necessarily absent: the Senator from
Blumenthal Kaine Sanders Americans see that. Alaska (Mr. SULLIVAN).
Booker Kelly Schatz The yeas and nays resulted—yeas 52,
Brown King
Because we have such a divide in this
Schumer nays 47, as follows:
Cantwell Klobuchar Shaheen
Nation where some people see every
Cardin Leahy Sinema child as valuable and some people see [Rollcall Vote No. 94 Leg.]
Carper Luján Smith only some children as valuable, be- YEAS—52
Casey Manchin
Coons Markey
Stabenow cause we have had that divide that is Barrasso Graham Paul
Tester unresolved in our Nation, we have, for Blackburn Grassley Portman
Cortez Masto Menendez
Van Hollen Blunt Hagerty Risch
Duckworth Merkley
Warner
decades, in every appropriations bill,
Durbin Murphy Boozman Hawley Romney
Feinstein Murray Warnock had the Hyde Amendment, that did not Braun Hoeven Rounds
Gillibrand Ossoff Warren force Americans to have to pay for Burr Hyde-Smith Rubio
Hassan Padilla Whitehouse abortion procedures for the death of Capito Inhofe Sasse
Heinrich Peters Wyden Casey Johnson
children. We have also had that in all Cassidy Kaine
Scott (FL)
NOT VOTING—1 five COVID bills that we have agreed Scott (SC)
Collins Kennedy
Shelby
Sullivan together on in the last 12 months. Cornyn Lankford
Thune
In this partisan bill, mysteriously, Cotton Lee
The amendment (No. 996) was re- Cramer Lummis Tillis
the Hyde Amendment disappeared and Crapo Manchin Toomey
jected.
The PRESIDING OFFICER. The Sen- suddenly, now, for the first time, Cruz Marshall Tuberville
Americans who profoundly believe that Daines McConnell Wicker
ator from Oklahoma. Ernst Moran Young
children are of great value and should Fischer Murkowski
PARLIAMENTARY INQUIRY
be protected will be compelled with our
Mr. LANKFORD. Madam President, I tax dollars to pay for the destruction NAYS—47
have a parliamentary inquiry before I of life. Baldwin Hickenlooper Rosen
begin. This simple statement is that we Bennet Hirono Sanders
Parliamentary inquiry: On page 225, Blumenthal Kelly Schatz
should maintain Hyde protections in Booker King Schumer
line 23, it appears that the 7(b) disaster this bill as we have in the previous five Brown Klobuchar Shaheen
loan program allocates $460 million, COVID bills. Cantwell Leahy Sinema
but only $70 million is for the actual The PRESIDING OFFICER. The Sen-
Cardin Luján Smith
disaster loans. The other $390 million Carper Markey Stabenow
ator from Washington. Coons Menendez
appears to be allocated for administra- Tester
Mrs. MURRAY. Madam President, it Cortez Masto Merkley
Van Hollen
tive costs of the program. is frustrating, but not at all surprising, Duckworth Murphy
Warner
Could the clerk please read page 225 that in the middle of a pandemic, as we
Durbin Murray
Warnock
Feinstein Ossoff
line 20 through page 226 line 2 to con- are working to get urgently needed re- Gillibrand Padilla Warren
firm the administrative cost for this lief to our families, to our small busi- Hassan Peters Whitehouse
program is $390 million and the grant Heinrich Reed Wyden
nesses, and to our communities across
program itself is only $70 million? the country, some Republicans would NOT VOTING—1
The PRESIDING OFFICER. The rather spend time launching political Sullivan
clerk will read the section of the attacks on reproductive health.
amendment. The PRESIDING OFFICER (Ms.
That is exactly what this amendment DUCKWORTH). On this vote, the yeas are
The bill clerk read as follows: is—an effort to expand restrictions on
(2) $460,000,000 to carry out the disaster
52, the nays are 47.
abortion that already make it harder Three-fifths of the Senators duly cho-
loan program authorized by section 7(b) of
for women who have low incomes, who sen and sworn not having voted in the
the Small Business Act (15 U.S.C. 636(b)), of
which $70,000,000 shall be for the cost of di- are often women of color, to exercise affirmative, the motion is not agreed
rect loans authorized by such section and their constitutionally guaranteed right to.
$390,000,000 shall be for administrative ex- to make their own healthcare choices. The point of order is sustained and
penses to carry out such program. I oppose this amendment because it the amendment falls.
AMENDMENT NO. 1031 TO AMENDMENT NO. 891 is completely unnecessary. It is a The amendment (No. 1031) was re-
(Purpose: To improve the bill) harmful attempt to distract us from jected.
ctelli on DSK11ZRN23PROD with SENATE
Mr. LANKFORD. I call up my amend- the work that we are on tonight. The PRESIDING OFFICER. The Sen-
ment No. 1031 and ask that it be re- POINT OF ORDER ator from Texas.
ported by number. Madam President, I raise a point of AMENDMENT NO. 969 TO AMENDMENT NO. 891
The PRESIDING OFFICER. The order that the pending amendment pro- Mr. CRUZ. Madam President, I call
clerk will report the amendment by duces budgetary changes that are up my amendment No. 969 and ask that
number. merely incidental to the non-budgetary it be reported by number.
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S1248 CONGRESSIONAL RECORD — SENATE March 5, 2021
The senior assistant legislative clerk parents across the State with an application tary and secondary education services, in-
read as follows: period of not less than 45 days and a deadline cluding those services provided by private or
for applications as of a date not later than nonprofit entities, such as faith-based pro-
The Senator from Texas [Mr. CRUZ] pro-
July 1, 2021. viders.
poses an amendment numbered 969 to amend-
(3) The Department shall first prioritize (e) REPAYMENT.—If a school does not re-
ment No. 891.
eligibility for grants awarded from available open and maintain operations consistent
The amendment is as follows: funds to the parents or guardians of children with the plan submitted under this section,
(Purpose: To provide children with an option between the ages of 5 and 18 who are eligible the school shall be required to repay all
for in-classroom education instruction if to attend a school that failed to timely sub- monies received under section 2001 to the
the child’s local public school does not mit a re-opening plan as described herein State.
commit to re-opening to 5-day-a-week, in- and, if funds remain available in the Direct (f) RETURN TO TREASURY.—Any monies re-
classroom instruction for the remainder of Education Assistance Fund after each pri- maining in the Fund as of September 30, 2021,
the current school year and the 2021-2022 ority student has received a grant, the De- or if subsequently repaid under subsection
school year) partment shall make grants from the Fund (e), shall be repaid to the United States
available to the parent or guardians applying Treasury not later than June 30, 2022.
At the appropriate place, insert the fol- At the end of section 2001(c), add the fol-
on behalf of students from other elementary
lowing: lowing: ‘‘An allocation to a State shall be
and secondary schools in the State.
SEC. ll. STATE DIRECT FAMILY GRANT PRO- made pursuant to the previous sentence only
(4) The Department shall only award a
GRAM.
grant to an individual who is the legal par- if the State has publicly published, by not
(a) IN GENERAL.—Notwithstanding any later than 7 days after enactment of this
ent or guardian of an eligible child provided
other provision of this title, not later than 7 Act, a written plan that guarantees each
that such individual is also a citizen or na-
days after the date of enactment of this tional of the United States or an alien (as de- child in the State has a local public school
title, each school that is eligible to receive fined in section 101(a) of the Immigration education option to resume regular, 5-day-a-
grant funding under section 2001 shall submit and Nationality Act (8 U.S.C. 1101(a)) who is week in-classroom instruction with teachers
to their respective State Secretary of Edu- lawfully present in the United States. physically present and that identifies by
cation, or equivalent State official, a plan to (5) The Department will administer the Di- name and location which schools will be
re-open and resume regular, full-time, 5-day- rect Education Assistance Fund as follows: available for regular in-classroom instruc-
a-week in-classroom instruction with teach- (A) 75 percent of such Fund shall be set tion. Assistance from a grant awarded to a
ers and faculty physically present for the re- aside and used to award direct education as- State under this section shall only be pro-
mainder of the 2020-2021 and for the 2021-2022 sistance grants to finance all or a portion of vided to a school identified by the State
school year in such a manner that meets or the educational costs of a child to attend a under the previous sentence.’’.
exceeds the plan for in-classroom instruction different school as selected by that child’s Mr. CRUZ. I ask unanimous consent
that was in effect for that school at the start parent or guardian in an amount not to ex-
of the 2019-2020 school year.
for 2 minutes of debate equally divided.
ceed $10,000 per grant award. The PRESIDING OFFICER. Without
(b) DIRECT EDUCATION ASSISTANCE FUND.— (B) 25 percent of such Fund shall be set
Each State shall establish a State-controlled objection, it is so ordered.
aside and used to award supplemental edu-
Direct Education Assistance Fund. In the Mr. CRUZ. Madam President, we are
cation assistance grants to cover a portion of
event that a school fails to timely submit a the costs for education such as tutoring serv- facing an absolute crisis with our
re-opening plan in accordance with sub- ices, educational classes, or curriculum in- schools. Today, only 40 percent of
section (a), the State shall withhold all side or outside of the home, books, instruc- school kids in America are attending
grant funds that would have been provided to tional materials, online educational mate- in-person school 5 days a week.
such school under section 2001, depositing rials, educational therapies, including edu- It has been a year since these COVID
such amount into the Direct Education As- cational therapies and services for students lockdowns began. Millions of school
sistance Fund. The State shall administer with disabilities, and such other educational
the Direct Education Assistance Fund, using
kids are falling behind, and it is falling
and instructional materials as the child’s disproportionately on low-income kids,
the monies deposited therein, to establish parent or guardian determines is beneficial
and operate a grant program to assist fami- in-relation to at-home learning, including
on African-American kids, on Hispanic
lies with educational costs in order to pro- online or virtual schooling or home instruc- kids.
vide students with access to alternative edu- tion. This bill spends billions of dollars on
cation for the 2021-2022 school year. The (6) All grants shall be awarded not later schools and doesn’t require that they
State Department of Education shall operate than August 15, 2021. open. My amendment does something
the grant program as follows: (7) The Department shall require that any very simple. It says if a school is open,
(1) The Department shall establish an ap- parent or guardian who receives a grant pur- it gets the new money that is in this
plication process that allows parents to suant to this section maintain records of
apply for an education grant from the bill, but if the school is not open 5 days
how any grant funds were spent.
State’s Direct Education Assistance Fund as a week, then that money goes to the
(8) Grants awarded out of the Fund for di-
follows: rect education assistance shall be distributed parents, up to $10,000 per child, so they
(A) Awards grants from available funds in in an equitable manner among recipients for can get their kids an education.
a manner that prioritizes children— such grants consistent with the priorities We have single moms with kids
(i) from schools that have not submitted a identified in this section but in an amount trapped in schools that are not open,
re-opening plan as required by this section; not to exceed the educational costs identi- and this crisis, this body can do some-
(ii) who are special needs students; fied within an application and grants award- thing about. Those kids, if they fall be-
(iii) who are suffering from depression or a ed out of the Fund for supplemental edu-
similar condition or at risk of suicide due to
hind, the science and the data tells us
cation assistance shall be made in an equi- that they will be behind, potentially,
COVID–19-related isolation; or table manner among recipients for such
(iv) who have a parent (or parents) or for the rest of their lives. We should
grants in an amount not to exceed the costs
guardian (or guardians) who work outside of identified in such application. come together in a bipartisan way to
the home during regular school hours and (c) PROHIBITION OF CONTROL OVER NON-PUB- say: We are going to open the schools,
are not available to assist the child with vir- LIC EDUCATION PROVIDERS.— and we are going to give hope and relief
tual learning. (1) IN GENERAL.—Nothing in this section to the kids who are being left behind.
(B) Includes, as part of the application shall be construed to permit, allow, encour- The PRESIDING OFFICER. The Sen-
form, the opportunity for the parent or age, or authorize any Federal control over ator from Washington.
guardian to submit an education plan for the any aspect of any private, religious, or home Mrs. MURRAY. Madam President,
child that— education provider, whether or not a home
(i) as part of an application for a grant for this is yet another amendment that
education provider is treated as a private
direct education assistance, includes the pro- school or home school under State law.
conditions funding to our public
posed school, if any, that the parent or (2) NO DISCRIMINATION.—No State shall ex- schools under the guise of wanting in-
guardian has selected for the child and the clude, discriminate against, or otherwise dis- person learning, when in reality with-
cost of any fees associated with the applica- advantage any education provider, including holding this funding is counter to ev-
tion, enrollment, or attendance at such home education provider, with respect to eryone’s goal.
school; or programs or services under this section But this amendment goes a step fur-
ctelli on DSK11ZRN23PROD with SENATE
(ii) as part of an application for a grant for based in whole or in part on the provider’s ther. It strips much needed funds from
supplemental education assistance a list of religious character or affiliation, including our public schools that want to reopen
any costs which the parent or guardian an- religiously based or mission-based policies or
ticipates will be incurred to purchase items for in-person learning and implement
practices.
listed in paragraph (5)(B). (d) PARENTAL RIGHTS TO USE GRANTS.—No safety protocols that are aligned with
(2) The Department shall publicize the State shall disfavor or discourage the use of local public health guidance in order to
availability of direct education assistance to qualifying grants for the purchase of elemen- create a voucher program.
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1249
That is right. This amendment takes Now, it looks like we have about 14 thing. It says: Look, you can spend all
money from public schools that serve amendments left, and 1 or 2 of those the money that the President’s plan
90 percent of our students and sends may be voice-voted. So I would ask suggests and the way they suggest it,
those funds to private schools. It is un- that we all stay in our seats so we can but each State’s amount is limited by
clear to me if our colleague’s goals are expedite the process. I would ask that the amount of their revenue loss—
really about reopening public schools we try to accomplish these votes in no meaning the gap they had from 2019 to
or just about advancing long-term ide- more than 10 minutes so that we can 2020 and then 2021—as well as any
ological goals. move forward. COVID expenses, as well as any Med-
If we only provide funding to schools I yield the floor. icaid expenses that grew. So just limit
that are physically open, schools in The PRESIDING OFFICER. The Sen- it by how much they need it. That is
communities with high transmission ator from Utah. all it does.
rates of COVID–19 will not receive the AMENDMENT NO. 1364 TO AMENDMENT NO. 891 So I ask that people on both sides of
resources necessary to implement safe- (Purpose: To provide relief for State and the aisle just get behind this so that we
ty health protocols. Conditioning funds local governments based on demonstrated can save probably at least $100 billion,
undermines our ability to actually get need)
to keep money from going to States
our students back into the classroom. Mr. ROMNEY. Madam President, I and localities that don’t actually need
Let’s stop wasting time and pass the call up my amendment 1364 and ask it.
American Rescue Plan so those re- that it be reported by number. Thank you.
sources can get to our schools and our The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen-
students. clerk will report the amendment by ator from Oregon.
VOTE ON AMENDMENT NO. 969 number. Mr. WYDEN. Madam President, I rise
Mr. CRUZ. I ask for the yeas and The senior assistant bill clerk read as in opposition to the Romney amend-
nays. follows: ment.
The PRESIDING OFFICER. Is there a The Senator from Utah [Mr. ROMNEY] pro- First, colleagues, this amendment
sufficient second? poses an amendment numbered 1364 to
There appears to be a sufficient sec- would be a drastic cut to the relief in
amendment No. 891.
ond. the bill. Specifically, it would limit the
(The amendment is printed in today’s number of firefighters, municipal
The clerk will call the roll. RECORD under ‘‘Text of Amendments.’’)
The senior assistant legislative clerk workers, and teachers who would actu-
Mr. ROMNEY. Madam President, I
called the roll. ally get their jobs back in the coming
ask unanimous consent for 4 minutes
Mr. THUNE. The following Senator is weeks and months.
of debate equally divided.
necessarily absent: the Senator from Second, the amendment doesn’t take
The PRESIDING OFFICER. Without
Alaska (Mr. SULLIVAN). into account the full impact the pan-
objection, it is so ordered.
The PRESIDING OFFICER. Are there Mr. ROMNEY. Madam President, I demic has had on State budgets and
any other Senators in the Chamber actually believe that we make better the costs they are going to continue to
wishing to vote or change his or her legislation if we have two parties work incur in the months ahead.
vote? together on something. Our view is, this is just the wrong
The result was announced—yeas 49, In this case, we have crafted a piece time to start hacking away at State
nays 50, as follows: of legislation that our party hasn’t had and local funding because the job losses
[Rollcall Vote No. 95 Leg.] any involvement in whatsoever. We are stacking up. As we have heard
YEAS—49 tried. We went to the White House, and again and again from independent
Barrasso Graham Portman the President was very gracious in wel- economists, those losses are going to
Blackburn Grassley Risch continue if the Senate doesn’t go big,
Blunt Hagerty
coming us and listening to us but did
Romney as this bill does. Saving jobs and rehir-
Boozman Hawley Rounds not accept any of our proposals. So we
Braun Hoeven Rubio have before us today a piece of legisla- ing laid-off workers is what this por-
Burr Hyde-Smith Sasse tion that has the benefit of only one tion of the bill is all about.
Capito Inhofe Scott (FL) So, colleagues, I would strongly urge
Cassidy Johnson party.
Scott (SC) There are some errors in that and a ‘‘no’’ vote on the Romney amend-
Collins Kennedy
Shelby
Cornyn Lankford some things I think we really have to ment.
Thune
Cotton Lee
Tillis look at and try to fix. One of them is I yield.
Cramer Lummis Mr. ROMNEY. Madam President,
Crapo Marshall Toomey with regard to States and localities.
Cruz McConnell Tuberville At the time the President put his bill may I respond?
Daines Moran Wicker out there, there was an assumption The PRESIDING OFFICER. The Sen-
Ernst Murkowski Young ator from Utah, without objection.
that States have massive losses associ-
Fischer Paul
ated with the COVID experience. But Mr. ROMNEY. First of all, those
NAYS—50 the data that has come out since then States that I described didn’t lay peo-
Baldwin Hickenlooper Reed has shown that, in fact, the States did ple off. They didn’t lay off firefighters.
Bennet Hirono Rosen They didn’t lay off teachers. They have
Blumenthal Kaine
not have those kinds of losses. Many
Sanders
Booker Kelly States did not. Twenty-one States are held their teachers. They have held
Schatz
Brown King Schumer seeing a rise in revenue. States like their firefighters. My State has actu-
Cantwell Klobuchar Shaheen Florida don’t need more money. Okla- ally paid bonuses to teachers and to
Cardin Leahy Sinema State workers, they have so much
Carper Luján homa doesn’t need more money. My
Smith money coming in.
Casey Manchin State of Utah doesn’t need more
Stabenow
Coons Markey
Tester money. California has record surpluses, You see, COVID, the pandemic, did
Cortez Masto Menendez not hit all the States in the same way.
Duckworth Merkley
Van Hollen billions of dollars in surplus. Yet,
Durbin Murphy Warner under this legislation, California itself So States that need more money, give
Feinstein Murray Warnock at the State level gets $26 billion more them more money. I am happy to do
Gillibrand Ossoff Warren that. But States like mine, Florida,
Whitehouse
and in total with its localities gets $41
Hassan Padilla Oklahoma, Texas, California, they
Heinrich Peters Wyden billion. This is on top of their already
surplus year. don’t need more money. Why are we
NOT VOTING—1 Think about that. We are going to be borrowing more money and sending on
Sullivan asking the American people to allow us the burden of debt and interest pay-
The amendment (No. 969) was re- to borrow money from China and oth- ments to our kids and grandkids to
ctelli on DSK11ZRN23PROD with SENATE
jected. ers, pass that on to our kids and send money to States that don’t need
The PRESIDING OFFICER. The ma- grandkids so that we can send money it?
jority leader. to States like California and mine and By the way, we are talking about
ORDER OF BUSINESS others that don’t need the money. States that don’t have deficits; they
Mr. SCHUMER. Madam President, This doesn’t make any sense at all. have surpluses. All of their COVID ex-
good morning. So my amendment does a very simple penses would be reimbursed under the
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S1250 CONGRESSIONAL RECORD — SENATE March 5, 2021
proposal that I make. There is no Sanders Smith Warnock response and recovery rather than
Schatz Stabenow Warren
COVID expense that is not reimbursed. Schumer Tester Whitehouse
pushing a liberal agenda.
Mr. WYDEN. Madam President. Shaheen Van Hollen Wyden I ask my colleagues to support this
The PRESIDING OFFICER. The Sen- Sinema Warner amendment.
ator from Oregon. NOT VOTING—1 The PRESIDING OFFICER. The Sen-
Mr. WYDEN. Can I have 30 seconds to Sullivan ator from Washington.
briefly respond? Mrs. MURRAY. Madam President,
The amendment (No. 1364) was re-
The PRESIDING OFFICER. Without this amendment will undermine the
jected.
objection, it is so ordered. goals of this bill to provide assistance
The PRESIDING OFFICER. The Sen-
Mr. WYDEN. First of all, we can’t to all educators, all students, and fami-
ator from Alabama.
even really determine the formula that lies who have struggled through this
AMENDMENT NO. 1386 TO AMENDMENT NO. 891
is used under the Romney amendment. pandemic. It is simply an attempt to
Mr. TUBERVILLE. Madam Presi- discriminate against transgender stu-
It is clear to us there are going to be
dent, I call up my amendment No. 1386 dents.
costs to States as a result of this legis-
and ask that it be reported by number. All students, including transgender
lation. The PRESIDING OFFICER. The
Colleagues, the reality is, the pan- students, benefit from participating in
clerk will report the amendment by
demic is a public health nightmare, sports—to challenge themselves, to im-
number.
and this provision is designed to spe- prove fitness, to be part of a team. Al-
The senior assistant legislative clerk
cifically address the challenge of mak- lowing transgender students to partici-
read as follows:
ing sure that firefighters, municipal pate in athletic activities consistent
The Senator from Alabama [Mr.
workers, and others who are respond- TUBERVILLE] proposes an amendment num-
with their gender identity in no way
ing day in and day out at risk to them- bered 1386 to amendment No. 891. disadvantages their fellow students.
selves are going to be able to get their For the love of God, can’t we just
The amendment is as follows:
jobs back in the coming weeks and have a little bit of heart and compas-
months. The fact is, this amendment is (Purpose: To prohibit funds made available sion in this world for someone who
under title II to States, local educational doesn’t look or live exactly like you?
going to reduce the money the States agencies, and institutions of higher edu-
have to address those critical needs. Instead of focusing on discriminatory
cation that permit any student whose bio-
I urge colleagues to vote no. logical sex is male to participate in an ath- policies, we should be examining the
Mr. ROMNEY. I believe I have 10 letic program or activity designated for real issues with gender parity in sports
more seconds. women or girls) when it comes to funding and resources
The PRESIDING OFFICER. The Sen- At the end of part 1 of subtitle A of title II, and pay equity.
ator does not have 10 more seconds. add the following: I oppose this amendment because it
VOTE ON AMENDMENT NO. 1364
SEC. 2014. RULE REGARDING ATHLETIC PRO- discriminates against transgender stu-
GRAMS OR ACTIVITIES. dents. It is a harmful attempt to un-
Mr. ROMNEY. I ask for the yeas and As a condition of receiving funds under dermine our work to help students and
nays. section 2001, 2003, or 2005, a State, local edu- families.
The PRESIDING OFFICER. Is there a cational agency, or institution of higher edu-
cation may not permit any student whose bi- POINT OF ORDER
sufficient second?
There appears to be a sufficient sec- ological sex (recognized based solely on a Madam President, I raise a point of
ond. person’s reproductive biology and genetics at order that the pending amendment pro-
birth) is male to participate in an athletic duces budgetary changes that are
The clerk will call the roll. program or activity that is—
The senior assistant bill clerk called merely incidental to the nonbudgetary
(1) administered by that State, local edu- components of the amendment and vio-
the roll. cational agency, or institution of higher edu-
Mr. THUNE. The following Senator is cation, as the case may be; and
lates section 313(b)(1)(D) of the Con-
necessarily absent: the Senator from (2) designated for women or girls. gressional Budget Act of 1974.
Alaska (Mr. SULLIVAN). MOTION TO WAIVE
Mr. TUBERVILLE. Madam Presi-
The PRESIDING OFFICER. Are there dent, I ask unanimous consent for 2 Mr. TUBERVILLE. Madam Presi-
any other Senators in the Chamber de- minutes, evenly divided, to debate this dent, pursuant to section 904 of the
siring to vote? amendment. Congressional Budget Act, I move to
The result was announced—yeas 49, The PRESIDING OFFICER. Without waive and ask for the yeas and nays.
nays 50, as follows: objection, it is so ordered. The PRESIDING OFFICER. Is there a
[Rollcall Vote No. 96 Leg.] Mr. TUBERVILLE. Madam Presi- sufficient second?
YEAS—49 dent, I started my career coaching high There appears to be a sufficient sec-
school football and girls and boys bas- ond.
Barrasso Graham Portman
Blackburn Grassley Risch ketball 45 years ago, just a few years The clerk will call the roll.
Blunt Hagerty Romney after title IX was enacted. It ensured The senior assistant legislative clerk
Boozman Hawley Rounds young women had the same opportuni- called the roll.
Braun Hoeven Rubio
Burr Hyde-Smith ties as young men and the same access Mr. THUNE. The following Senator is
Sasse
Capito Inhofe Scott (FL)
to funding, facilities, and athletic necessarily absent: the Senator from
Cassidy Johnson Scott (SC) scholarships. Alaska (Mr. SULLIVAN).
Collins Kennedy Title IX has given young women the The PRESIDING OFFICER (Mr.
Shelby
Cornyn Lankford
Cotton Lee
Thune long-denied platform that had always BOOKER). Are there any other Senators
Cramer Tillis been afforded to men, and today Amer- in the Chamber desiring to vote or
Lummis
Crapo Marshall Toomey
Tuberville ica’s female athletes are routinely the change their vote?
Cruz McConnell
Daines Moran Wicker best performing on the world stage. The yeas and nays resulted—yeas 49,
Ernst Murkowski Young My amendment, cosponsored by Sen- nays 50, as follows:
Fischer Paul ators GRAHAM and MARSHALL, recog- [Rollcall Vote No. 97 Leg.]
NAYS—50 nizes title IX’s role in protecting YEAS—49
Baldwin Durbin Luján
women in education and in sports. Barrasso Crapo Johnson
Bennet Feinstein Manchin Under this amendment, educational Blackburn Cruz Kennedy
Blumenthal Gillibrand Markey institutions would be prohibited from Blunt Daines Lankford
Booker Hassan Menendez receiving funding if biological males Boozman Ernst Lee
ctelli on DSK11ZRN23PROD with SENATE
Brown Heinrich Merkley Braun Fischer Lummis
Cantwell Hickenlooper Murphy
are allowed to compete in women’s ath- Burr Graham Manchin
Cardin Hirono Murray letics. This amendment safeguards Capito Grassley Marshall
Carper Kaine Ossoff fairness and equality for women. This Cassidy Hagerty McConnell
Casey Kelly Padilla amendment will ensure that education Collins Hawley Moran
Coons King Peters Cornyn Hoeven Paul
Cortez Masto Klobuchar Reed funding in the bill is properly directed Cotton Hyde-Smith Portman
Duckworth Leahy Rosen to schools that are focused on COVID Cramer Inhofe Risch
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1251
Romney Scott (SC) Tuberville (3) ensure that the provisions within the 127), the Coronavirus Aid, Relief, and Eco-
Rounds Shelby Wicker jurisdiction of such committee do not mod- nomic Security Act (Public Law 116–136), the
Rubio Thune Young ify the purpose of an appropriation provided Paycheck Protection Program and Health
Sasse Tillis
Scott (FL) Toomey
by the bipartisan Coronavirus Preparedness Care Enhancement Act (Public Law 116–139),
and Response Supplemental Appropriations and divisions M and N of the Consolidated
NAYS—50 Act (Public Law 116–123), the Families First Appropriations Act, 2021 (Public Law 116–260)
Baldwin Hickenlooper Reed Coronavirus Response Act (Public Law 116– have been obligated; and
Bennet Hirono Rosen 127), the Coronavirus Aid, Relief, and Eco- (5) ensure that the period of availability of
Blumenthal Kaine Sanders nomic Security Act (Public Law 116–136), the any appropriation provided by a provision
Booker Kelly Schatz Paycheck Protection Program and Health within the jurisdiction of such committee is
Brown King Schumer not later than the earlier of the termination
Care Enhancement Act (Public Law 116–139),
Cantwell Klobuchar Shaheen
Cardin Leahy and divisions M and N of the Consolidated of the public health emergency declared by
Sinema Appropriations Act, 2021 (Public Law 116– the Secretary of Health and Human Services
Carper Luján Smith
Casey Markey 260); under section 319 of the Public Health Serv-
Stabenow
Coons Menendez (4) ensure that any appropriations for a ice Act (42 U.S.C. 247d) on January 31, 2020,
Tester
Cortez Masto Merkley purpose provided by provisions within the ju- with respect to the coronavirus disease 2019,
Duckworth Van Hollen
Murkowski risdiction of such committee are not avail- and September 30, 2021.
Durbin Murphy Warner
Warnock able for obligation until all appropriations MOTION TO COMMIT WITH INSTRUCTIONS
Feinstein Murray
Gillibrand Ossoff Warren made available for that purpose by the bipar- Mr. Tuberville moves to commit the bill
Hassan Padilla Whitehouse tisan Coronavirus Preparedness and Re- H.R. 1319 to the Committee on Health, Edu-
Heinrich Peters Wyden sponse Supplemental Appropriations Act cation, Labor, and Pensions with instruc-
(Public Law 116–123), the Families First tions to report the same back to the Senate
NOT VOTING—1
Coronavirus Response Act (Public Law 116– in 3 days, not counting any day on which the
Sullivan 127), the Coronavirus Aid, Relief, and Eco- Senate is not in session, with changes that—
The PRESIDING OFFICER (Mr. nomic Security Act (Public Law 116–136), the (1) are within the jurisdiction of such com-
BOOKER). The yeas are 49, the nays are Paycheck Protection Program and Health mittee;
50. Care Enhancement Act (Public Law 116–139), (2) ensure that the provisions within the
and divisions M and N of the Consolidated jurisdiction of such committee provide ap-
Three-fifths of the Senators duly cho-
Appropriations Act, 2021 (Public Law 116–260) propriations only for purposes for which ap-
sen and sworn not having voted in the have been obligated; and propriations were provided by the bipartisan
affirmative, the motion is rejected. (5) ensure that the period of availability of Coronavirus Preparedness and Response Sup-
The point of order is sustained, and any appropriation provided by a provision plemental Appropriations Act (Public Law
the amendment falls. within the jurisdiction of such committee is 116–123), the Families First Coronavirus Re-
The amendment (No. 1386) was re- not later than the earlier of the termination sponse Act (Public Law 116–127), the
jected. of the public health emergency declared by Coronavirus Aid, Relief, and Economic Secu-
The PRESIDING OFFICER. The Sen- the Secretary of Health and Human Services rity Act (Public Law 116–136), the Paycheck
ator from Tennessee is recognized. under section 319 of the Public Health Serv- Protection Program and Health Care En-
MOTIONS TO COMMIT EN BLOC
ice Act (42 U.S.C. 247d) on January 31, 2020, hancement Act (Public Law 116–139), and di-
with respect to the coronavirus disease 2019, visions M and N of the Consolidated Appro-
Mr. HAGERTY. Mr. President, I have and September 30, 2021. priations Act, 2021 (Public Law 116–260);
11 en bloc motions at the desk, and I MOTION TO COMMIT WITH INSTRUCTIONS (3) ensure that the provisions within the
ask that they be read and considered jurisdiction of such committee do not mod-
en bloc. Mrs. Hyde-Smith moves to commit the bill ify the purpose of an appropriation provided
The PRESIDING OFFICER. Without H.R. 1319 to the Committee on Agriculture, by the bipartisan Coronavirus Preparedness
objection, it is so ordered. Nutrition, and Forestry with instructions to and Response Supplemental Appropriations
The senior assistant legislative clerk report the same back to the Senate in 3 days, Act (Public Law 116–123), the Families First
will report the motions en bloc. not counting any day on which the Senate is Coronavirus Response Act (Public Law 116–
The senior assistant legislative clerk not in session, with changes that— 127), the Coronavirus Aid, Relief, and Eco-
read as follows: (1) are within the jurisdiction of such com- nomic Security Act (Public Law 116–136), the
mittee; Paycheck Protection Program and Health
The Senator from Tennessee [Mr.
(2) ensure that the provisions within the Care Enhancement Act (Public Law 116–139),
HAGERTY] offers 11 motions to commit the
jurisdiction of such committee provide ap- and divisions M and N of the Consolidated
bill to each of the following instructed com-
propriations only for purposes for which ap- Appropriations Act, 2021 (Public Law 116–
mittees: Environment and Public Works; Ag-
propriations were provided by the bipartisan 260);
riculture, Nutrition, and Forestry; Health,
Coronavirus Preparedness and Response Sup- (4) ensure that any appropriations for a
Education, Labor and Pensions; Banking,
plemental Appropriations Act (Public Law purpose provided by provisions within the ju-
Housing, and Urban Affairs; Homeland Secu-
116–123), the Families First Coronavirus Re- risdiction of such committee are not avail-
rity and Governmental Affairs; Small Busi-
sponse Act (Public Law 116–127), the able for obligation until all appropriations
ness and Entrepreneurship; Commerce,
Coronavirus Aid, Relief, and Economic Secu- made available for that purpose by the bipar-
Science, and Transportation; Veterans’ Af-
rity Act (Public Law 116–136), the Paycheck tisan Coronavirus Preparedness and Re-
fairs; Finance; Foreign Relations; and Indian
Protection Program and Health Care En- sponse Supplemental Appropriations Act
Affairs, and that the 11 motions be consid-
hancement Act (Public Law 116–139), and di- (Public Law 116–123), the Families First
ered en bloc.
visions M and N of the Consolidated Appro- Coronavirus Response Act (Public Law 116–
The motions en bloc are as follows: priations Act, 2021 (Public Law 116–260); 127), the Coronavirus Aid, Relief, and Eco-
MOTION TO COMMIT WITH INSTRUCTIONS (3) ensure that the provisions within the nomic Security Act (Public Law 116–136), the
Mr. Hagerty moves to commit the bill H.R. jurisdiction of such committee do not mod- Paycheck Protection Program and Health
1319 to the Committees on Environment and ify the purpose of an appropriation provided Care Enhancement Act (Public Law 116–139),
Public Works with instructions to report the by the bipartisan Coronavirus Preparedness and divisions M and N of the Consolidated
same back to the Senate in 3 days, not and Response Supplemental Appropriations Appropriations Act, 2021 (Public Law 116–260)
counting any day on which the Senate is not Act (Public Law 116–123), the Families First have been obligated; and
in session, with changes that— Coronavirus Response Act (Public Law 116– (5) ensure that the period of availability of
(1) are within the jurisdiction of such com- 127), the Coronavirus Aid, Relief, and Eco- any appropriation provided by a provision
mittee; nomic Security Act (Public Law 116–136), the within the jurisdiction of such committee is
(2) ensure that the provisions within the Paycheck Protection Program and Health not later than the earlier of the termination
jurisdiction of such committee provide ap- Care Enhancement Act (Public Law 116–139), of the public health emergency declared by
propriations only for purposes for which ap- and divisions M and N of the Consolidated the Secretary of Health and Human Services
propriations were provided by the bipartisan Appropriations Act, 2021 (Public Law 116– under section 319 of the Public Health Serv-
Coronavirus Preparedness and Response Sup- 260); and ice Act (42 U.S.C. 247d) on January 31, 2020,
plemental Appropriations Act (Public Law (4) ensure that any appropriations for a with respect to the coronavirus disease 2019,
116–123), the Families First Coronavirus Re- purpose provided by provisions within the ju- and September 30, 2021.
ctelli on DSK11ZRN23PROD with SENATE
sponse Act (Public Law 116–127), the risdiction of such committee are not avail- MOTION TO COMMIT WITH INSTRUCTIONS
Coronavirus Aid, Relief, and Economic Secu- able for obligation until all appropriations Mr. Cramer moves to commit the bill H.R.
rity Act (Public Law 116–136), the Paycheck made available for that purpose by the bipar- 1319 to the Committee on Banking, Housing,
Protection Program and Health Care En- tisan Coronavirus Preparedness and Re- and Urban Affairs with instructions to report
hancement Act (Public Law 116–139), and di- sponse Supplemental Appropriations Act the same back to the Senate in 3 days, not
visions M and N of the Consolidated Appro- (Public Law 116–123), the Families First counting any day on which the Senate is not
priations Act, 2021 (Public Law 116–260); Coronavirus Response Act (Public Law 116– in session, with changes that—
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S1252 CONGRESSIONAL RECORD — SENATE March 5, 2021
(1) are within the jurisdiction of such com- nomic Security Act (Public Law 116–136), the within the jurisdiction of such committee is
mittee; Paycheck Protection Program and Health not later than the earlier of the termination
(2) ensure that the provisions within the Care Enhancement Act (Public Law 116–139), of the public health emergency declared by
jurisdiction of such committee provide ap- and divisions M and N of the Consolidated the Secretary of Health and Human Services
propriations only for purposes for which ap- Appropriations Act, 2021 (Public Law 116– under section 319 of the Public Health Serv-
propriations were provided by the bipartisan 260); and ice Act (42 U.S.C. 247d) on January 31, 2020,
Coronavirus Preparedness and Response Sup- (4) ensure that any appropriations for a with respect to the coronavirus disease 2019,
plemental Appropriations Act (Public Law purpose provided by provisions within the ju- and September 30, 2021.
116–123), the Families First Coronavirus Re- risdiction of such committee are not avail- MOTION TO COMMIT WITH INSTRUCTIONS
sponse Act (Public Law 116–127), the able for obligation until all appropriations
Coronavirus Aid, Relief, and Economic Secu- made available for that purpose by the bipar- Ms. Lummis moves to commit the bill H.R.
rity Act (Public Law 116–136), the Paycheck tisan Coronavirus Preparedness and Re- 1319 to the Committee on Commerce,
Protection Program and Health Care En- sponse Supplemental Appropriations Act Science, and Transportation with instruc-
hancement Act (Public Law 116–139), and di- (Public Law 116–123), the Families First tions to report the same back to the Senate
visions M and N of the Consolidated Appro- Coronavirus Response Act (Public Law 116– in 3 days, not counting any day on which the
priations Act, 2021 (Public Law 116–260); 127), the Coronavirus Aid, Relief, and Eco- Senate is not in session, with changes that—
(3) ensure that the provisions within the nomic Security Act (Public Law 116–136), the (1) are within the jurisdiction of such com-
jurisdiction of such committee do not mod- Paycheck Protection Program and Health mittee;
ify the purpose of an appropriation provided Care Enhancement Act (Public Law 116–139), (2) ensure that the provisions within the
by the bipartisan Coronavirus Preparedness and divisions M and N of the Consolidated jurisdiction of such committee provide ap-
and Response Supplemental Appropriations Appropriations Act, 2021 (Public Law 116–260) propriations only for purposes for which ap-
Act (Public Law 116–123), the Families First have been obligated; and propriations were provided by the bipartisan
Coronavirus Response Act (Public Law 116– (5) ensure that the period of availability of Coronavirus Preparedness and Response Sup-
127), the Coronavirus Aid, Relief, and Eco- any appropriation provided by a provision plemental Appropriations Act (Public Law
nomic Security Act (Public Law 116–136), the within the jurisdiction of such committee is 116–123), the Families First Coronavirus Re-
Paycheck Protection Program and Health not later than the earlier of the termination sponse Act (Public Law 116–127), the
Care Enhancement Act (Public Law 116–139), of the public health emergency declared by Coronavirus Aid, Relief, and Economic Secu-
and divisions M and N of the Consolidated the Secretary of Health and Human Services rity Act (Public Law 116–136), the Paycheck
Appropriations Act, 2021 (Public Law 116– under section 319 of the Public Health Serv- Protection Program and Health Care En-
260); and ice Act (42 U.S.C. 247d) on January 31, 2020, hancement Act (Public Law 116–139), and di-
(4) ensure that any appropriations for a with respect to the coronavirus disease 2019, visions M and N of the Consolidated Appro-
purpose provided by provisions within the ju- and September 30, 2021. priations Act, 2021 (Public Law 116–260);
risdiction of such committee are not avail- (3) ensure that the provisions within the
MOTION TO COMMIT WITH INSTRUCTIONS
able for obligation until all appropriations jurisdiction of such committee do not mod-
Mr. Kennedy moves to commit the bill ify the purpose of an appropriation provided
made available for that purpose by the bipar- H.R. 1319 to the Committee on Small Busi-
tisan Coronavirus Preparedness and Re- by the bipartisan Coronavirus Preparedness
ness and Entrepreneurship with instructions and Response Supplemental Appropriations
sponse Supplemental Appropriations Act to report the same back to the Senate in 3
(Public Law 116–123), the Families First Act (Public Law 116–123), the Families First
days, not counting any day on which the Coronavirus Response Act (Public Law 116–
Coronavirus Response Act (Public Law 116– Senate is not in session, with changes that—
127), the Coronavirus Aid, Relief, and Eco- 127), the Coronavirus Aid, Relief, and Eco-
(1) are within the jurisdiction of such com- nomic Security Act (Public Law 116–136), the
nomic Security Act (Public Law 116–136), the mittee;
Paycheck Protection Program and Health Paycheck Protection Program and Health
(2) ensure that the provisions within the Care Enhancement Act (Public Law 116–139),
Care Enhancement Act (Public Law 116–139), jurisdiction of such committee provide ap-
and divisions M and N of the Consolidated and divisions M and N of the Consolidated
propriations only for purposes for which ap- Appropriations Act, 2021 (Public Law 116–
Appropriations Act, 2021 (Public Law 116–260) propriations were provided by the bipartisan
have been obligated; and 260); and
Coronavirus Preparedness and Response Sup- (4) ensure that any appropriations for a
(5) ensure that the period of availability of plemental Appropriations Act (Public Law
any appropriation provided by a provision purpose provided by provisions within the ju-
116–123), the Families First Coronavirus Re- risdiction of such committee are not avail-
within the jurisdiction of such committee is sponse Act (Public Law 116–127), the
not later than the earlier of the termination able for obligation until all appropriations
Coronavirus Aid, Relief, and Economic Secu- made available for that purpose by the bipar-
of the public health emergency declared by rity Act (Public Law 116–136), the Paycheck
the Secretary of Health and Human Services tisan Coronavirus Preparedness and Re-
Protection Program and Health Care En- sponse Supplemental Appropriations Act
under section 319 of the Public Health Serv- hancement Act (Public Law 116–139), and di-
ice Act (42 U.S.C. 247d) on January 31, 2020, (Public Law 116–123), the Families First
visions M and N of the Consolidated Appro- Coronavirus Response Act (Public Law 116–
with respect to the coronavirus disease 2019, priations Act, 2021 (Public Law 116–260);
and September 30, 2021. 127), the Coronavirus Aid, Relief, and Eco-
(3) ensure that the provisions within the nomic Security Act (Public Law 116–136), the
MOTION TO COMMIT WITH INSTRUCTIONS jurisdiction of such committee do not mod- Paycheck Protection Program and Health
Mr. Johnson moves to commit the bill H.R. ify the purpose of an appropriation provided Care Enhancement Act (Public Law 116–139),
1319 to the Committee on Homeland Security by the bipartisan Coronavirus Preparedness and divisions M and N of the Consolidated
and Governmental Affairs with instructions and Response Supplemental Appropriations Appropriations Act, 2021 (Public Law 116–260)
to report the same back to the Senate in 3 Act (Public Law 116–123), the Families First have been obligated; and
days, not counting any day on which the Coronavirus Response Act (Public Law 116– (5) ensure that the period of availability of
Senate is not in session, with changes that— 127), the Coronavirus Aid, Relief, and Eco- any appropriation provided by a provision
(1) are within the jurisdiction of such com- nomic Security Act (Public Law 116–136), the within the jurisdiction of such committee is
mittee; Paycheck Protection Program and Health not later than the earlier of the termination
(2) ensure that the provisions within the Care Enhancement Act (Public Law 116–139), of the public health emergency declared by
jurisdiction of such committee provide ap- and divisions M and N of the Consolidated the Secretary of Health and Human Services
propriations only for purposes for which ap- Appropriations Act, 2021 (Public Law 116– under section 319 of the Public Health Serv-
propriations were provided by the bipartisan 260); and ice Act (42 U.S.C. 247d) on January 31, 2020,
Coronavirus Preparedness and Response Sup- (4) ensure that any appropriations for a with respect to the coronavirus disease 2019,
plemental Appropriations Act (Public Law purpose provided by provisions within the ju- and September 30, 2021.
116–123), the Families First Coronavirus Re- risdiction of such committee are not avail-
sponse Act (Public Law 116–127), the able for obligation until all appropriations MOTION TO COMMIT WITH INSTRUCTIONS
Coronavirus Aid, Relief, and Economic Secu- made available for that purpose by the bipar- Mr. Hagerty moves to commit the bill H.R.
rity Act (Public Law 116–136), the Paycheck tisan Coronavirus Preparedness and Re- 1319 to the Committee on Veterans’ Affairs
Protection Program and Health Care En- sponse Supplemental Appropriations Act with instructions to report the same back to
hancement Act (Public Law 116–139), and di- (Public Law 116–123), the Families First the Senate in 3 days, not counting any day
visions M and N of the Consolidated Appro- Coronavirus Response Act (Public Law 116– on which the Senate is not in session, with
priations Act, 2021 (Public Law 116–260); 127), the Coronavirus Aid, Relief, and Eco- changes that—
(3) ensure that the provisions within the nomic Security Act (Public Law 116–136), the (1) are within the jurisdiction of such com-
ctelli on DSK11ZRN23PROD with SENATE
jurisdiction of such committee do not mod- Paycheck Protection Program and Health mittee;
ify the purpose of an appropriation provided Care Enhancement Act (Public Law 116–139), (2) ensure that the provisions within the
by the bipartisan Coronavirus Preparedness and divisions M and N of the Consolidated jurisdiction of such committee provide ap-
and Response Supplemental Appropriations Appropriations Act, 2021 (Public Law 116–260) propriations only for purposes for which ap-
Act (Public Law 116–123), the Families First have been obligated; and propriations were provided by the bipartisan
Coronavirus Response Act (Public Law 116– (5) ensure that the period of availability of Coronavirus Preparedness and Response Sup-
127), the Coronavirus Aid, Relief, and Eco- any appropriation provided by a provision plemental Appropriations Act (Public Law
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1253
116–123), the Families First Coronavirus Re- risdiction of such committee are not avail- MOTION TO COMMIT WITH INSTRUCTIONS
sponse Act (Public Law 116–127), the able for obligation until all appropriations Mr. Hagerty moves to commit the bill H.R.
Coronavirus Aid, Relief, and Economic Secu- made available for that purpose by the bipar- 1319 to the Committee on Indian Affairs with
rity Act (Public Law 116–136), the Paycheck tisan Coronavirus Preparedness and Re- instructions to report the same back to the
Protection Program and Health Care En- sponse Supplemental Appropriations Act Senate in 3 days, not counting any day on
hancement Act (Public Law 116–139), and di- (Public Law 116–123), the Families First which the Senate is not in session, with
visions M and N of the Consolidated Appro- Coronavirus Response Act (Public Law 116– changes that—
priations Act, 2021 (Public Law 116–260); 127), the Coronavirus Aid, Relief, and Eco- (1) are within the jurisdiction of such com-
(3) ensure that the provisions within the nomic Security Act (Public Law 116–136), the mittee;
jurisdiction of such committee do not mod- Paycheck Protection Program and Health (2) ensure that the provisions within the
ify the purpose of an appropriation provided Care Enhancement Act (Public Law 116–139), jurisdiction of such committee provide ap-
by the bipartisan Coronavirus Preparedness and divisions M and N of the Consolidated propriations only for purposes for which ap-
and Response Supplemental Appropriations Appropriations Act, 2021 (Public Law 116–260) propriations were provided by the bipartisan
Act (Public Law 116–123), the Families First have been obligated; and Coronavirus Preparedness and Response Sup-
Coronavirus Response Act (Public Law 116– (5) ensure that the period of availability of plemental Appropriations Act (Public Law
127), the Coronavirus Aid, Relief, and Eco- any appropriation provided by a provision 116–123), the Families First Coronavirus Re-
nomic Security Act (Public Law 116–136), the within the jurisdiction of such committee is sponse Act (Public Law 116–127), the
Paycheck Protection Program and Health not later than the earlier of the termination Coronavirus Aid, Relief, and Economic Secu-
Care Enhancement Act (Public Law 116–139), of the public health emergency declared by rity Act (Public Law 116–136), the Paycheck
and divisions M and N of the Consolidated the Secretary of Health and Human Services Protection Program and Health Care En-
Appropriations Act, 2021 (Public Law 116– under section 319 of the Public Health Serv- hancement Act (Public Law 116–139), and di-
260); ice Act (42 U.S.C. 247d) on January 31, 2020, visions M and N of the Consolidated Appro-
(4) ensure that any appropriations for a with respect to the coronavirus disease 2019, priations Act, 2021 (Public Law 116–260);
purpose provided by provisions within the ju- and September 30, 2021. (3) ensure that the provisions within the
risdiction of such committee are not avail- MOTION TO COMMIT WITH INSTRUCTIONS jurisdiction of such committee do not mod-
able for obligation until all appropriations Mr. Hagerty moves to commit the bill H.R. ify the purpose of an appropriation provided
made available for that purpose by the bipar- 1319 to the Committee on Foreign Relations by the bipartisan Coronavirus Preparedness
tisan Coronavirus Preparedness and Re- with instructions to report the same back to and Response Supplemental Appropriations
sponse Supplemental Appropriations Act the Senate in 3 days, not counting any day Act (Public Law 116–123), the Families First
(Public Law 116–123), the Families First on which the Senate is not in session, with Coronavirus Response Act (Public Law 116–
Coronavirus Response Act (Public Law 116– changes that— 127), the Coronavirus Aid, Relief, and Eco-
127), the Coronavirus Aid, Relief, and Eco- (1) are within the jurisdiction of such com- nomic Security Act (Public Law 116–136), the
nomic Security Act (Public Law 116–136), the mittee; Paycheck Protection Program and Health
Paycheck Protection Program and Health (2) ensure that the provisions within the Care Enhancement Act (Public Law 116–139),
Care Enhancement Act (Public Law 116–139), jurisdiction of such committee provide ap- and divisions M and N of the Consolidated
and divisions M and N of the Consolidated propriations only for purposes for which ap- Appropriations Act, 2021 (Public Law 116–
Appropriations Act, 2021 (Public Law 116–260) propriations were provided by the bipartisan 260);
have been obligated; and Coronavirus Preparedness and Response Sup- (4) ensure that any appropriations for a
(5) ensure that the period of availability of plemental Appropriations Act (Public Law purpose provided by provisions within the ju-
any appropriation provided by a provision 116–123), the Families First Coronavirus Re- risdiction of such committee are not avail-
within the jurisdiction of such committee is sponse Act (Public Law 116–127), the able for obligation until all appropriations
not later than the earlier of the termination Coronavirus Aid, Relief, and Economic Secu- made available for that purpose by the bipar-
of the public health emergency declared by rity Act (Public Law 116–136), the Paycheck tisan Coronavirus Preparedness and Re-
the Secretary of Health and Human Services Protection Program and Health Care En- sponse Supplemental Appropriations Act
under section 319 of the Public Health Serv- hancement Act (Public Law 116–139), and di- (Public Law 116–123), the Families First
ice Act (42 U.S.C. 247d) on January 31, 2020, visions M and N of the Consolidated Appro- Coronavirus Response Act (Public Law 116–
with respect to the coronavirus disease 2019, priations Act, 2021 (Public Law 116–260); 127), the Coronavirus Aid, Relief, and Eco-
and September 30, 2021. (3) ensure that the provisions within the nomic Security Act (Public Law 116–136), the
MOTION TO COMMIT WITH INSTRUCTIONS jurisdiction of such committee do not mod- Paycheck Protection Program and Health
Mrs. Blackburn moves to commit the bill ify the purpose of an appropriation provided Care Enhancement Act (Public Law 116–139),
H.R. 1319 to the Committee on Finance with by the bipartisan Coronavirus Preparedness and divisions M and N of the Consolidated
instructions to report the same back to the and Response Supplemental Appropriations Appropriations Act, 2021 (Public Law 116–260)
Senate in 3 days, not counting any day on Act (Public Law 116–123), the Families First have been obligated; and
which the Senate is not in session, with Coronavirus Response Act (Public Law 116– (5) ensure that the period of availability of
changes that— 127), the Coronavirus Aid, Relief, and Eco- any appropriation provided by a provision
(1) are within the jurisdiction of such com- nomic Security Act (Public Law 116–136), the within the jurisdiction of such committee is
mittee; Paycheck Protection Program and Health not later than the earlier of the termination
(2) ensure that the provisions within the Care Enhancement Act (Public Law 116–139), of the public health emergency declared by
jurisdiction of such committee provide ap- and divisions M and N of the Consolidated the Secretary of Health and Human Services
propriations only for purposes for which ap- Appropriations Act, 2021 (Public Law 116– under section 319 of the Public Health Serv-
propriations were provided by the bipartisan 260); ice Act (42 U.S.C. 247d) on January 31, 2020,
Coronavirus Preparedness and Response Sup- (4) ensure that any appropriations for a with respect to the coronavirus disease 2019,
plemental Appropriations Act (Public Law purpose provided by provisions within the ju- and September 30, 2021.
116–123), the Families First Coronavirus Re- risdiction of such committee are not avail- Mr. HAGERTY. Mr. President, I am
sponse Act (Public Law 116–127), the able for obligation until all appropriations
pleased to be joined by a host of my
Coronavirus Aid, Relief, and Economic Secu- made available for that purpose by the bipar-
rity Act (Public Law 116–136), the Paycheck tisan Coronavirus Preparedness and Re- colleagues. The motions we are pro-
Protection Program and Health Care En- sponse Supplemental Appropriations Act posing are very simple and should at-
hancement Act (Public Law 116–139), and di- (Public Law 116–123), the Families First tract wide support.
visions M and N of the Consolidated Appro- Coronavirus Response Act (Public Law 116– Senators on both sides have said this
priations Act, 2021 (Public Law 116–260); 127), the Coronavirus Aid, Relief, and Eco- must be a bipartisan process, but so
(3) ensure that the provisions within the nomic Security Act (Public Law 116–136), the far, it isn’t. Not once did any of the 11
jurisdiction of such committee do not mod- Paycheck Protection Program and Health Senate subcommittees with jurisdic-
ify the purpose of an appropriation provided Care Enhancement Act (Public Law 116–139),
by the bipartisan Coronavirus Preparedness and divisions M and N of the Consolidated
tion over relevant aspects of this legis-
and Response Supplemental Appropriations Appropriations Act, 2021 (Public Law 116–260) lation meet to consider it—not once.
Act (Public Law 116–123), the Families First have been obligated; and What is the purpose of the Senate’s
Coronavirus Response Act (Public Law 116– (5) ensure that the period of availability of system of expert committees if, as we
127), the Coronavirus Aid, Relief, and Eco- any appropriation provided by a provision consider one of the largest bills ever
nomic Security Act (Public Law 116–136), the within the jurisdiction of such committee is before this body, we are just going to
ctelli on DSK11ZRN23PROD with SENATE
Paycheck Protection Program and Health not later than the earlier of the termination act as if the committees never existed?
Care Enhancement Act (Public Law 116–139), of the public health emergency declared by
We are for pandemic relief. What we
and divisions M and N of the Consolidated the Secretary of Health and Human Services
Appropriations Act, 2021 (Public Law 116– under section 319 of the Public Health Serv- are not for is a decade-long spending
260); and ice Act (42 U.S.C. 247d) on January 31, 2020, spree, rushed through this body, much
(4) ensure that any appropriations for a with respect to the coronavirus disease 2019, of which has nothing to do with pan-
purpose provided by provisions within the ju- and September 30, 2021. demic relief. Our motions would simply
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S1254 CONGRESSIONAL RECORD — SENATE March 5, 2021
send this legislation back to com- King Ossoff Smith Mr. President, I want to correct the
Klobuchar Padilla Stabenow
mittee for 3 days so it can be reviewed Leahy Peters
record or at least clarify the record for
Tester
in a bipartisan manner. These motions Luján Reed Van Hollen Senator LANKFORD. He raised the point
would ensure that the legislation sup- Manchin Rosen Warner in regard to administrative funds being
ports proven bipartisan programs be- Markey Sanders Warnock made available to the SBA. There was
Menendez Schatz Warren
fore launching new programs or spend- Merkley Schumer
a small amount, $70 million, put into
Whitehouse the program. That is additional funds.
ing more money on programs that are Murphy Shaheen
Wyden
already flush with cash. By midweek, Murray Sinema The EIDL loan program is $200 billion
we would have bipartisan legislation NOT VOTING—1 worth of loans, so it is a much larger
with committee input that is targeted Sullivan
program, and that was just some addi-
to timely pandemic relief for those in tional funds that were being put into
The motions were rejected en bloc. the program.
need. The PRESIDING OFFICER. The Sen-
I urge my colleagues to support these The PRESIDING OFFICER. The Sen-
ator from Louisiana. ator from Louisiana.
motions. MOTION TO COMMIT WITH INSTRUCTIONS The Senator has 6 seconds.
The PRESIDING OFFICER. The Sen- Mr. KENNEDY. Mr. President, I have Mr. KENNEDY. Mr. President, it is a
ator from Vermont. a motion to commit at the desk, and I felony for rioting. We shouldn’t be giv-
Mr. SANDERS. Mr. President, I rise ask that it be reported. ing them money.
in strong opposition to this amend- The PRESIDING OFFICER. The The PRESIDING OFFICER. All time
ment. There are some people here who clerk will report the motion. has expired.
do not understand the crises facing the The legislative clerk read as follows: VOTE ON MOTION TO COMMIT
American people. Sixty-three percent The Senator from Louisiana [Mr. KENNEDY] The question is on agreeing to the
of our people today are living paycheck moves to commit the bill, H.R. 1319, to the motion.
to paycheck. Every day that we do not Committee on Small Business and Entrepre- Mrs. FISCHER. I ask for the yeas and
vaccinate somebody, there is somebody neurship of the Senate with instructions. nays.
unnecessarily dying. Our kids are not The motion is as follows: The PRESIDING OFFICER. Is there a
in school. We are suffering a mental MOTION TO COMMIT WITH INSTRUCTIONS sufficient second?
health epidemic. Mr. Kennedy moves to commit the bill There appears to be a sufficient sec-
This country is demanding that Con- H.R. 1319 to the Committee on Small Busi- ond.
ness and Entrepreneurship of the Senate The clerk will call the roll.
gress act now and stand up for the
with instructions to report the same back to The legislative clerk called the roll.
working families of this country. Peo- the Senate in 3 days, not counting any day Mr. THUNE. The following Senators
ple are tired of obstructionism. They on which the Senate is not in session, with are necessarily absent: the Senator
are tired of delays. They want action. changes that—
from Alaska (Mr. SULLIVAN) and the
Let’s do it. (1) are within the jurisdiction of such com-
mittee; and Senator from Indiana (Mr. YOUNG).
I yield. Further, if present and voting. the
(2) prohibit the provision of assistance by
VOTE ON MOTIONS TO COMMIT Senator from Indiana (Mr. YOUNG)
the Small Business Administration to an in-
Mr. HAGERTY. I ask for the yeas and dividual convicted of a felony for actions would have voted ‘‘yea’’.
nays. during or in connection with a riot or civil The result was announced—yeas 48,
The PRESIDING OFFICER. Is there a disorder that occurred— nays 50, as follows:
sufficient second? (A) during the 15-year period preceding the [Rollcall Vote No. 99 Leg.]
There appears to be a sufficient sec- date of enactment of this Act; or YEAS—48
ond. (B) on or after the date of enactment of
Barrasso Fischer Murkowski
this Act.
The question is on agreeing to the Blackburn Graham Paul
motions en bloc. Mr. KENNEDY. Mr. President, I ask Blunt Grassley Portman
unanimous consent for 2 minutes of de- Boozman Hagerty Risch
The clerk will call the roll. Braun Hawley Romney
The senior assistant bill clerk called bate equally divided. Burr Hoeven Rounds
The PRESIDING OFFICER. Without Capito Hyde-Smith Rubio
the roll.
objection, it is so ordered. Cassidy Inhofe Sasse
Mr. THUNE. The following Senator is Mr. KENNEDY. Mr. President, my Collins Johnson Scott (FL)
necessarily absent: the Senator from amendment would prohibit the Small Cornyn Kennedy Scott (SC)
Alaska (Mr. SULLIVAN). Cotton Lankford Shelby
Business Administration from pro- Cramer Lee Thune
The PRESIDING OFFICER. Are there viding any assistance including, but Crapo Lummis Tillis
any other Senators in the Chamber de- not limited to, Paycheck Protection Cruz Marshall Toomey
siring to vote? Program 7(a) loans or other small busi-
Daines McConnell Tuberville
Ernst Moran Wicker
The result was announced—yeas 49, ness assistance to anyone who has been
nays 50, as follows: NAYS—50
convicted during the past 15 years of a
[Rollcall Vote No. 98 Leg.] felony during and in connection with a Baldwin Hickenlooper Reed
Bennet Hirono Rosen
YEAS—49 riot, a civil disorder, or another de- Blumenthal Kaine Sanders
Barrasso Graham Portman clared disaster. Without order, there Booker Kelly Schatz
Blackburn Grassley Risch can be no justice. Brown King Schumer
Blunt Hagerty Romney Cantwell Klobuchar
The PRESIDING OFFICER. The Sen- Cardin Leahy
Shaheen
Boozman Hawley Rounds Sinema
Braun Hoeven ator from Maryland. Carper Luján
Rubio Smith
Burr Hyde-Smith Sasse
Mr. CARDIN. Mr. President, I oppose Casey Manchin
Stabenow
Capito Inhofe Scott (FL) this motion to recommit. This moves Coons Markey
Tester
Cassidy Johnson Cortez Masto Menendez
Scott (SC) us in the wrong direction. Duckworth Merkley
Van Hollen
Collins Kennedy
Cornyn Lankford
Shelby We have had bipartisan support rec- Durbin Murphy Warner
Thune ognizing that those who have been con- Feinstein Murray Warnock
Cotton Lee
Tillis Gillibrand Ossoff Warren
Cramer Lummis
Toomey
victed of crime, once they paid their
Crapo Marshall Hassan Padilla Whitehouse
Tuberville price, should be able to participate in Heinrich Peters Wyden
Cruz McConnell
Daines Moran Wicker our society.
Ernst Murkowski Young The motion to recommit would sug- NOT VOTING—2
Fischer Paul gest that someone who may have par- Sullivan Young
NAYS—50 ticipated in a rally while they were in The motion was rejected.
ctelli on DSK11ZRN23PROD with SENATE
Baldwin Carper Gillibrand
college 15 years ago and has a perfectly The PRESIDING OFFICER. The Sen-
Bennet Casey Hassan clear record could be prevented from ator from Florida.
Blumenthal Coons Heinrich participating in the SBA programs. MOTION TO COMMIT WITH INSTRUCTIONS
Booker Cortez Masto Hickenlooper That is moving in the wrong direction.
Brown Duckworth Hirono
Mr. SCOTT of Florida. Mr. President,
Cantwell Durbin Kaine I hope we would have strong rejection I have a motion to commit at the desk,
Cardin Feinstein Kelly of this amendment. and I ask that it be reported.
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1255
The PRESIDING OFFICER. The The result was announced—yeas 48, My amendment with Senator RUBIO
clerk will report the motion. nays 51, as follows: would ensure that the child tax credit
The legislative clerk read as follows: [Rollcall Vote No. 100 Leg.] is targeted to refunding Americans
The Senator from Florida [Mr. SCOTT] YEAS—48 their income and payroll taxes and
moves to commit the bill H.R. 1319 to the Barrasso Fischer Murkowski turning the child and dependent care
Committee on Homeland Security and Gov- Blackburn Graham Portman tax credit, which discriminates against
ernmental Affairs of the Senate with in- Blunt Grassley Risch stay-at-home parents, into a young
structions. Boozman Hagerty Romney
Braun Hawley Rounds
child enhancement to provide some ad-
The motion is as follows: Burr Hoeven Rubio ditional help to parents during those
MOTION TO COMMIT WITH INSTRUCTIONS Capito Hyde-Smith Sasse critical first 2 years.
Mr. Scott of Florida moves to recommit Cassidy Inhofe Scott (FL) The PRESIDING OFFICER. The Sen-
the bill H.R. 1319 to the Committee on Home- Collins Johnson Scott (SC)
Cornyn Kennedy Shelby ator from Oregon.
land Security and Governmental Affairs of Cotton Lankford Thune Mr. WYDEN. Mr. President, I rise in
the Senate with instructions to report the Cramer Lee Tillis opposition to this amendment.
same back to the Senate in 3 days (not Crapo Lummis Toomey
counting any day on which the Senate is not Cruz Marshall Tuberville
Colleagues, the underlying bill has
in session) with an amendment, within the Daines McConnell Wicker significant improvements in the child
jurisdiction of such committee, that with- Ernst Moran Young tax credit. All told, the bill cuts child
holds the salaries of all Members of Congress NAYS—51 poverty in half. But this amendment
during any fiscal year if all 12 appropriations
Baldwin Hickenlooper Peters
would set us back. True, it expands the
bills for a fiscal year are not passed by Con- Bennet Hirono Reed child credit in some ways, but to pay
gress on or before September 30 of the prior Blumenthal Kaine Rosen for these expansions, it dramatically
fiscal year. Booker Kelly Sanders cuts back on what is known as
Mr. SCOTT of Florida. Mr. President, Brown King Schatz
Cantwell Klobuchar Schumer refundability.
I ask unanimous consent that there be Cardin Leahy Shaheen Here is the problem, colleagues:
2 minutes of debate equally divided. Carper Luján Sinema Refundability is what helps the fami-
The PRESIDING OFFICER. Without Casey Manchin Smith
Coons Markey Stabenow
lies at the lower end of the income
objection, it is so ordered. Cortez Masto Menendez Tester scale. So to expand the child tax credit
Mr. SCOTT of Florida. Mr. President, Duckworth Merkley Van Hollen in several ways, the Lee amendment
as we can tell, this week, Washington Durbin Murphy Warner reduces benefits to the working fami-
is completely dysfunctional, and the Feinstein Murray Warnock
Gillibrand Ossoff Warren lies who need them most.
unwillingness to work together has Hassan Padilla Whitehouse I want to close by way of saying that
caused multiple government shut- Heinrich Paul Wyden I will be glad to work with my col-
downs. If Members of Congress cannot NOT VOTING—1 league from Utah and the Senator from
work together to pass a budget, they Florida. I would also note that the
Sullivan
should not be getting paid. It is pretty other Senator from Utah has been in-
simple. If we can’t do our jobs, we The motion was rejected.
terested in these issues.
shouldn’t get taxpayer-funded salaries. The PRESIDING OFFICER. The Sen-
This amendment sets us back be-
My no budget, no pay amendment ator from Utah.
cause it reduces benefits to working
simply requires Congress to meet ap- AMENDMENT NO. 1381 TO AMENDMENT NO. 891
families who need them most.
propriations bills deadlines or forgo (Purpose: To modify the provisions relating I yield back.
their own salaries until the job is done. to the child tax credit and to strike the
VOTE ON AMENDMENT NO. 1381
This is a simple concept. There is no provisions relating to dependent care as-
sistance) Mr. LEE. Mr. President, I call for the
reason that Members of Congress
yeas and nays.
should be held to a different standard Mr. LEE. Mr. President, I call up my
The PRESIDING OFFICER. Is there a
than American families and businesses amendment No. 1381 and ask that it be
sufficient second?
across the Nation. Accountability reported by number.
The PRESIDING OFFICER. Without There appears to be a sufficient sec-
shouldn’t be controversial. I hope my
objection, the clerk will report the ond.
colleagues will join me in this motion.
The PRESIDING OFFICER. The Sen- amendment by number. The yeas and nays are ordered.
ator from Vermont. The legislative clerk read as follows: The clerk will call the roll.
Mr. SANDERS. Mr. President, my The Senator from Utah [Mr. LEE], for The legislative clerk called the roll.
colleague from Florida may not know himself and Mr. RUBIO, proposes an Mr. THUNE. The following Senator is
it, but this is a budget, a $1.9 trillion amendment numbered 1381 to amend- necessarily absent: the Senator from
reconciliation budget, which, in fact, ment No. 891. Alaska (Mr. SULLIVAN).
will turn out to be the most significant (The amendment is printed in today’s The result was announced—yeas 49,
piece of legislation for working people RECORD under ‘‘Text of Amendments.’’) nays 50, as follows:
that has been passed in decades. Fi- Mr. LEE. Mr. President, I ask unani- [Rollcall Vote No. 101 Leg.]
nally, Congress is doing its job. Unfor- mous consent for 2 minutes of debate YEAS—49
tunately, my friends on the other side equally divided. Barrasso Graham Portman
have used delaying tactics, after delay- The PRESIDING OFFICER. Without Blackburn Grassley Risch
Blunt Hagerty Romney
ing tactics, and obstruction, obstruc- objection, it is so ordered. Boozman Hawley Rounds
tion, obstruction. Mr. LEE. Mr. President, there is a Braun Hoeven Rubio
The American people want action. little known feature in our Tax Code Burr Hyde-Smith Sasse
Capito Inhofe
They want action now. I urge my col- created by the Tax Code and the way it Cassidy Johnson
Scott (FL)
leagues to oppose this motion. interacts with our senior entitlement Scott (SC)
Collins Kennedy
Shelby
VOTE ON MOTION TO COMMIT programs. It is called the parent tax Cornyn Lankford
Thune
penalty. It is very misunderstood, lit- Cotton Lee
The PRESIDING OFFICER. The Cramer Lummis
Tillis
question is on agreeing to the motion. tle known, but very, very harmful. Crapo Marshall Toomey
Mr. SCOTT of Florida. Mr. President, Sadly, the changes made to the child Cruz McConnell Tuberville
tax credit in the reconciliation pack- Daines Moran Wicker
I ask for the yeas and nays. Young
age are not the right way forward. Ernst Murkowski
The PRESIDING OFFICER. Is there a Fischer Paul
sufficient second? They don’t directly attempt to fix the
ctelli on DSK11ZRN23PROD with SENATE
There is a sufficient second. parent penalty. In addition to this NAYS—50
The clerk will call the roll. problem, the substitute changes to the Baldwin Cardin Durbin
child and dependent care tax credit Bennet Carper Feinstein
The bill clerk called the roll. Blumenthal Casey Gillibrand
Mr. THUNE. The following Senator is would make the penalty on stay-at- Booker Coons Hassan
necessarily absent: the Senator from home parents in our Tax Code nearly Brown Cortez Masto Heinrich
Alaska (Mr. SULLIVAN). seven times worse. Cantwell Duckworth Hickenlooper
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S1256 CONGRESSIONAL RECORD — SENATE March 5, 2021
Hirono Murphy Sinema It is estimated the COVID–19 restric- McConnell Rounds Tillis
Kaine Murray Smith Moran Rubio Toomey
Kelly Ossoff Stabenow
tions have reduced their capacity by Murkowski Sasse Tuberville
King Padilla Tester about 40 percent. Paul Scott (FL) Wicker
Klobuchar Peters Van Hollen The Biden administration has reac- Portman Scott (SC) Young
Leahy Reed Warner tivated a facility at Carrizo Springs, Risch Shelby
Luján Rosen Warnock Romney Thune
Manchin Sanders TX, to handle this influx of unaccom-
Warren NAYS—50
Markey Schatz
Whitehouse
panied children, and press reports indi-
Menendez Schumer cate that an additional facility may be Baldwin Hickenlooper Reed
Wyden
Merkley Shaheen Bennet Hirono Rosen
necessary. Blumenthal Kaine
NOT VOTING—1 Sanders
So this motion, simply put, would Booker Kelly Schatz
Sullivan commit the bill to the Committee on Brown King Schumer
Health, Education, Labor, and Pen- Cantwell Klobuchar Shaheen
The amendment (No. 1381) was re- Cardin Leahy
sions with instructions to provide ade- Sinema
jected. Carper Luján Smith
The PRESIDING OFFICER. The Sen- quate funding for the Office of Refugee Casey Manchin
Stabenow
ator from Texas. Resettlement to address this brewing Coons Markey
Tester
Cortez Masto Menendez
MOTION TO COMMIT WITH INSTRUCTIONS humanitarian crisis. Duckworth Merkley
Van Hollen
Mr. CORNYN. Mr. President, I have a The PRESIDING OFFICER. The Sen- Durbin Murphy Warner
ator from Washington. Feinstein Murray Warnock
motion to commit at the desk, and I Warren
Mrs. MURRAY. Let’s be clear. This is Gillibrand Ossoff
ask that it be reported. Hassan Padilla Whitehouse
The PRESIDING OFFICER. The a delay tactic intended to stop what we Heinrich Peters Wyden
clerk will report the motion. are doing here to send the bill to the
HELP Committee. It would instruct NOT VOTING—1
The bill clerk read as follows:
the HELP Committee to remove $135 Sullivan
The Senator from Texas [Mr. COR-
NYN] moves to commit the bill, H.R. million in critical funding that will The motion was rejected.
1319, to the Committee on Health, Edu- help support humanities and cultural The PRESIDING OFFICER. The Sen-
cation, Labor, and Pensions of the Sen- organizations weather the worst of this ator from Louisiana.
ate with instructions. pandemic. AMENDMENT NO. 1162 TO AMENDMENT NO. 891
The motion to commit reads as fol- Mr. President, the pandemic has dev- Mr. CASSIDY. Mr. President, I call
lows: astated our arts and cultural organiza- up my amendment No. 1162 and ask
MOTION TO COMMIT WITH INSTRUCTIONS tions. Our Nation’s museums, indige- that it be reported by number.
Mr. Cornyn moves to commit the bill H.R. nous cultural organizations, and local The PRESIDING OFFICER. The
1319 to the Committee on Health, Education, education nonprofits are facing signifi- clerk will report the amendment by
Labor, and Pensions of the Senate with in- cant losses in revenue, in layoffs, in number.
structions to report the same back to the furloughs. Our cultural organizations The bill clerk read as follows:
Senate in 3 days, not counting any day on in rural and urban and suburban areas
which the Senate is not in session, with The Senator from Louisiana [Mr. CASSIDY],
need these resources to continue to for himself and Mr. COTTON, proposes an
changes that—
(1) are within the jurisdiction of such com-
serve our communities. amendment numbered 1162 to amendment
mittee; The UAC Program at the Department No. 891.
(2) strike all of the funding under section of Health and Human Services is crit- The amendment is as follows:
2022 for the National Endowment for the Hu- ical for ensuring the health and welfare (Purpose: To ensure that the 2021 Recovery
manities; and of unaccompanied children. We abso- Rebates are not provided to prisoners)
(3) provide funding to the Office of Refugee lutely do need to take steps to support On page 356, between lines 19 and 20, insert
Resettlement of the Department of Health this program to ensure the well-being the following:
and Human Services for— of children in ORR care. But this ‘‘(j) SPECIAL RULES WITH RESPECT TO PRIS-
(A) mitigation of coronavirus transmission ONERS.—
risk in immigration detention facilities;
amendment is merely a delay tactic to
address the critical issues at hand re- ‘‘(1) DISALLOWANCE OF CREDIT.—
(B) adequate bed space to allow unaccom- ‘‘(A) IN GENERAL.—Subject to subparagraph
panied alien children— lated to the COVID–19 crisis. I urge my
(B), no credit shall be allowed under sub-
(i) to remain in safe and humane custody colleagues to oppose the motion. section (a) to an eligible individual who is,
until their immigration court hearings; and VOTE ON MOTION TO COMMIT for each day during calendar year 2021, de-
(ii) to be separated from aliens suspected Mr. CORNYN. I ask for the yeas and scribed in clause (i), (ii), (iii), (iv), or (v) of
of, charged with, or convicted of criminal of- section 202(x)(1)(A) of the Social Security
fenses.
nays.
The PRESIDING OFFICER. The Act (42 U.S.C. 402(x)(1)(A)).
Mr. CORNYN. Mr. President, I ask ‘‘(B) JOINT RETURN.—In the case of eligible
question is on agreeing to the motion.
unanimous consent for 2 minutes of de- individuals filing a joint return where 1
The yeas and nays have been ordered. spouse is described in subparagraph (A), sub-
bate equally divided.
Is there a sufficient second? section (b)(1) shall be applied by substituting
The PRESIDING OFFICER. Without
There is a sufficient second. ‘$1,400’ for ‘$2,800’.
objection, it is so ordered.
Mr. CORNYN. Mr. President, the The clerk will call the roll. ‘‘(2) DENIAL OF ADVANCE REFUND OR CRED-
United States is facing a brewing hu- The bill clerk called the roll. IT.—No refund or credit shall be made or al-
Mr. THUNE. The following Senator is lowed under subsection (g) with respect to
manitarian crisis at the border. At the any individual whom the Secretary has
same time, we are experiencing a glob- necessarily absent: the Senator from
knowledge is, at the time of any determina-
al pandemic. This motion will help Alaska (Mr. SULLIVAN).
tion made pursuant to paragraph (3) of such
make sure we are prepared. The PRESIDING OFFICER (Mr. subsection, described in clause (i), (ii), (iii),
In January 2021, the Border Patrol re- KING). Are there any other Senators in (iv), or (v) of section 202(x)(1)(A) of the Social
corded about 75,000 encounters on the the Chamber desiring to vote or change Security Act.’’.
southwest land border. That is a 60-per- their vote? Mr. CASSIDY. I ask unanimous con-
cent increase over the last year, which The result was announced—yeas 49, sent for 2 minutes of debate equally di-
was just before the last major migrant nays 50, as follows: vided.
surge. [Rollcall Vote No. 102 Leg.] The PRESIDING OFFICER. Without
The Department of Homeland Secu- YEAS—49 objection, it is so ordered.
rity is reportedly projecting that it Barrasso Cotton Hawley Mr. CASSIDY. Mr. President, I rise
will apprehend 117,000 unaccompanied Blackburn Cramer Hoeven on behalf of myself and Senators COT-
ctelli on DSK11ZRN23PROD with SENATE
Blunt Crapo Hyde-Smith
children this year. The Department of Boozman Cruz Inhofe TON and CRUZ. Our amendment pre-
Health and Human Services and the Of- Braun Daines Johnson vents $1,400 stimulus checks from going
fice of Refugee Resettlement are strug- Burr Ernst Kennedy to inmates.
gling to maintain enough bed space to Capito Fischer Lankford You heard that right. This bill sends
Cassidy Graham Lee
shelter all of these unaccompanied Collins Grassley Lummis $1,400 stimulus checks to people incar-
children transferred into their custody. Cornyn Hagerty Marshall cerated for heinous crimes. Prisoners
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1257
have all their living and medical ex- [Rollcall Vote No. 103 Leg.] should taxpayer money be sent—
penses paid for by the taxpayer. They YEAS—49 $1,400—to every illegal alien in Amer-
don’t pay taxes. They don’t contribute Barrasso Graham Portman ica? This amendment provides that it
to the tax base. They can’t be unem- Blackburn Grassley Risch should not; that stimulus checks
Blunt Hagerty Romney
ployed. In other words, inmates are not Boozman Hawley
should only go to American citizens or
Rounds
economically impacted by COVID, and Braun Hoeven Rubio to people lawfully present.
inmates cannot stimulate the econ- Burr Hyde-Smith Sasse Now, Democrats may say their lan-
omy. But under this bill, Democrats Capito Inhofe Scott (FL) guage allows for that, but they know
Cassidy Johnson Scott (SC)
are giving prisoners—again, sometimes Collins Kennedy that the IRS treats someone who is il-
Shelby
incarcerated for heinous crimes—a Cornyn Lankford
Thune
legally present in the United States for
$1,400 stimulus check. If we eliminate Cotton Lee 31 days last year as a resident alien. So
Cramer Tillis
Lummis
these, we save taxpayers $1.9 billion. Crapo Marshall Toomey this corrects that and ensures that ille-
Now, I know my Democratic col- Cruz McConnell Tuberville gal aliens are not eligible for taxpayer-
Daines Moran Wicker funded stimulus checks.
leagues aren’t going to agree, but this Young
Ernst Murkowski
spending should be on real needs. Stim- Fischer Paul
The PRESIDING OFFICER. The Sen-
ulus checks for inmates is nontargeted, ator from Illinois.
NAYS—50 Mr. DURBIN. Mr. President, the
inappropriate, and is a total waste of
Baldwin Hickenlooper Reed statement of the Senator from Texas is
money. I ask my colleagues to support Bennet Hirono Rosen
the amendment. Blumenthal Kaine Sanders
just plain false—false. Let me be clear.
The PRESIDING OFFICER. The Sen- Booker Kelly Schatz Undocumented immigrants do not have
ator from Illinois.
Brown King Schumer Social Security numbers, and they do
Cantwell Klobuchar Shaheen not qualify for stimulus relief checks,
Mr. DURBIN. Mr. President, this Cardin Leahy Sinema period.
Carper Luján
amendment will cause harm to the Smith
Casey Manchin
Stabenow And just in case you didn’t notice,
families of incarcerated individuals, Coons Markey
Tester they didn’t qualify in December when
joint filers who would receive only half Cortez Masto Menendez
Duckworth Merkley
Van Hollen 92 of us voted for that measure, and
of the payment that the families are Warner
Durbin Murphy they don’t qualify under the American
owed while the spouse is incarcerated. Warnock
Feinstein Murray Rescue Plan. Nothing has changed.
Given the stark racial disparities in Gillibrand Ossoff Warren
Whitehouse And for you to stand up there and say
our criminal justice system, this would Hassan Padilla
Heinrich Peters Wyden the opposite is just to rile people up
cause the most harm to Black and
NOT VOTING—1
over something that is not true.
Brown families and communities al-
Mr. CRUZ. Will the Senator yield for
ready harmed by mass incarceration. Sullivan
a question?
Children should not be forced to go The amendment (No. 1162) was re- Mr. SCHUMER. No.
hungry because a parent is incarcer- jected. Mr. DURBIN. No. It is not true, and
ated. Relief payments would allow fam- The PRESIDING OFFICER. The Sen- we know what is going on right now.
ilies to replace lost income and pay ator from Texas. They want to be able to give speeches
rent and put food on the table. AMENDMENT NO. 968 TO AMENDMENT NO. 891 and say the checks go to undocu-
The Cassidy amendment sweeps Mr. CRUZ. Mr. President, I call up mented people. In the circumstance
broadly, denying recovery of rebates my amendment No. 968 and ask that it where there is a parent receiving——
not only to incarcerated individuals be reported by number. The PRESIDING OFFICER. The Sen-
but also to anyone violating a condi- The PRESIDING OFFICER. The ator’s time has expired.
tion of probation on parole, but the So- clerk will report by number. Mr. DURBIN.—a check for the child,
cial Security statute that Senator CAS- The senior assistant legislative clerk
that is it; but no money going to un-
SIDY’s amendment copies from has a read as follows:
documented people under the American
safety valve giving discretion to allow The Senator from Texas [Mr. CRUZ] pro-
Rescue Plan.
payments to persons because of miti- poses an amendment numbered 968 to amend-
ment No. 891. Mr. CRUZ. Mr. President, do I have
gating circumstances. His amendment any time remaining?
does not. The amendment is as follows:
The PRESIDING OFFICER. The time
I would urge my colleagues to under- (Purpose: To ensure that the 2021 Recovery
Rebates are not provided to illegal immi-
has expired.
stand what we are facing with our VOTE ON AMENDMENT NO. 968
grants)
criminal justice system today. We need The question is on agreeing to the
On øpage 345, strike lines 12 through 16¿
to bring more justice to it and caring and insert the following: amendment.
for the families of those who are incar- ‘‘(2) any alien who is not lawfully present Mr. CRUZ. I call for the yeas and
cerated. (as such term is used in section 36B(e)(1)), nays.
Mr. CASSIDY. I will reply, it only ‘‘(3) any individual who is a dependent of The PRESIDING OFFICER. Is there a
applies to people incarcerated for a another taxpayer for a taxable year begin-
ning in the calendar year in which the indi-
sufficient second?
year. That is not true. There is a sufficient second.
vidual’s taxable year begins, and
VOTE ON AMENDMENT NO. 1162 ‘‘(4) an estate or trust.’’. The clerk will call the roll.
I call for the yeas and nays. Mr. CRUZ. Mr. President, I ask unan- The senior assistant legislative clerk
imous consent for 2 minutes of debate called the roll.
The PRESIDING OFFICER. The Mr. THUNE. The following Senator is
question is on agreeing to the amend- equally divided.
The PRESIDING OFFICER. Without necessarily absent: the Senator from
ment. Alaska (Mr. SULLIVAN).
objection, it is so ordered.
Is there a sufficient second? Mr. CRUZ. Mr. President, moments The PRESIDING OFFICER. Are there
There is a sufficient second. ago, the Democrats in this Chamber any other Senators in the Chamber de-
The clerk will call the roll. just voted to send $1,400 stimulus siring to vote or change their vote?
The legislative clerk called the roll. checks to murderers, to rapists, and The result was announced—yeas 49,
child molesters incarcerated in prison. nays 50, as follows:
Mr. THUNE. The following Senator is
This amendment, just like the one we [Rollcall Vote No. 104 Leg.]
necessarily absent: the Senator from
just voted on that Senator CASSIDY and YEAS—49
ctelli on DSK11ZRN23PROD with SENATE
Alaska (Mr. SULLIVAN).
I introduced, this amendment before us Barrasso Cassidy Daines
The PRESIDING OFFICER. Are there today provides that the stimulus check Blackburn Collins Ernst
any other Senators wishing to vote or should not go to illegal aliens in this Blunt Cornyn Fischer
change his or her vote? country. Boozman Cotton Graham
Braun Cramer Grassley
The result was announced—yeas 49, The question for the American people Burr Crapo Hagerty
nays 50, as follows: to answer is, Should your money, Capito Cruz Hawley
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S1258 CONGRESSIONAL RECORD — SENATE March 5, 2021
Hoeven Moran Scott (SC) Shaheen Tester Warren The amendment is as follows:
Hyde-Smith Murkowski Shelby Sinema Van Hollen Whitehouse
Inhofe Paul Thune Smith Warner Wyden (Purpose: To limit the expansion of premium
Johnson Portman Tillis Stabenow Warnock assistance for households above 500 percent
Kennedy Risch Toomey of the federal poverty line)
NOT VOTING—1
Lankford Romney Tuberville
Lee Rounds Wicker Sullivan Strike section 9661 and insert the fol-
Lummis Rubio Young The amendment (No. 968) was re- lowing:
Marshall Sasse
McConnell Scott (FL) jected. SEC. 9661. IMPROVING AFFORDABILITY BY EX-
The PRESIDING OFFICER. The Sen- PANDING PREMIUM ASSISTANCE
FOR CONSUMERS.
NAYS—50 ator from Utah.
AMENDMENT NO. 1331 TO AMENDMENT NO. 891 (a) IN GENERAL.—Section 36B(b)(3)(A) of
Baldwin Feinstein Markey
the Internal Revenue Code of 1986 is amended
Bennet Gillibrand Menendez Mr. LEE. Mr. President, I call up my
Blumenthal Hassan Merkley by adding at the end the following new
amendment No. 1331 and ask that it be clause:
Booker Heinrich Murphy
Brown Hickenlooper Murray reported by number. ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021
Cantwell Hirono Ossoff The PRESIDING OFFICER. The AND 2022.—In the case of a taxable year be-
Cardin Kaine Padilla clerk will report the amendment by ginning in 2021 or 2022—
Carper Kelly Peters number. ‘‘(I) clause (ii) shall not apply for purposes
Casey King Reed
Coons Klobuchar Rosen
The legislative clerk read as follows: of adjusting premium percentages under this
Cortez Masto Leahy Sanders The Senator from Utah [Mr. LEE] proposes subparagraph, and
Duckworth Luján Schatz an amendment numbered 1331 to amendment ‘‘(II) the following table shall be applied in
Durbin Manchin Schumer No. 891. lieu of the table contained in clause (i):
‘‘In the case of household The initial The final
income (expressed as premium premium
a percent of poverty line) percentage percentage
within the following income tier: is— is—
Up to 150.0 percent ................................................................................................................................................... 0.0 0.0
150.0 percent up to 200.0 percent ............................................................................................................................... 0.0 2.0
200.0 percent up to 250.0 percent ............................................................................................................................... 2.0 4.0
250.0 percent up to 300.0 percent ............................................................................................................................... 4.0 6.0
300.0 percent up to 400.0 percent ............................................................................................................................... 6.0 8.5
400.0 percent up to 500.0 percent ............................................................................................................................... 8.5 8.5’’.
(b) CONFORMING AMENDMENT.—Section Colleagues, this is what this amend- Romney Scott (SC) Tuberville
36B(c)(1) of the Internal Revenue Code of 1986 Rounds Shelby Wicker
ment would do: It would deny premium Rubio Thune Young
is amended by adding at the end the fol- assistance to many middle-class fami- Sasse Tillis
lowing new subparagraph:
lies, forcing them to pay more for Scott (FL) Toomey
‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.—
In the case of a taxable year beginning in healthcare—the last thing they need in NAYS—50
2021 or 2022, subparagraph (A) shall be ap- the middle of a pandemic. Baldwin Hickenlooper Reed
plied by substituting ‘500 percent’ for ‘400 Now, in 2020, the average cost of Bennet Hirono Rosen
percent’.’’. health insurance was $17,244 for a fam- Blumenthal Kaine Sanders
(c) EFFECTIVE DATE.—The amendments Booker Kelly Schatz
ily of 4. That is a hefty bill to pay Brown King
made by this section shall apply to taxable Schumer
without assistance for most middle-in- Cantwell Klobuchar Shaheen
years beginning after December 31, 2020.
come families, especially those who Cardin Leahy Sinema
Mr. LEE. I ask unanimous consent live in higher cost areas. ACA premium Carper Luján Smith
for 2 minutes of debate, equally di- Casey Manchin
tax credits can mean the difference be- Stabenow
Coons Markey
vided. tween affordable health insurance and Cortez Masto Menendez
Tester
The PRESIDING OFFICER. Without Duckworth Van Hollen
doing without coverage. Merkley
Warner
objection, it is so ordered. I urge colleagues to oppose the Lee
Durbin Murphy
Feinstein Murray Warnock
Mr. LEE. Welfare for the wealthy,
amendment. Gillibrand Ossoff Warren
that is what we have here. Expanding Hassan Padilla Whitehouse
VOTE ON AMENDMENT NO. 1331
ObamaCare and its premium tax credit Heinrich Peters Wyden
without limit would allow families Mr. LEE. I call for the yeas and nays.
NOT VOTING—1
making up to $500,000 a year to access The PRESIDING OFFICER. Is there a
sufficient second? Sullivan
Federal subsidies for health insurance.
My amendment would limit this expan- There appears to be a sufficient sec- The amendment (No. 1331) was re-
sion so that no individual or family ond. jected.
making more than 500 percent of the The clerk will call the roll. The PRESIDING OFFICER. The Sen-
Federal poverty line could receive The legislative clerk called the roll. ator from Iowa.
Mr. THUNE. The following Senator is AMENDMENT NO. 902 TO AMENDMENT NO. 891
them.
For a family of four, this cutoff necessarily absent: the Senator from Mr. GRASSLEY. Mr. President, I call
would happen at around $132,000 a year. Alaska (Mr. SULLIVAN). up my amendment No. 902 and ask that
Any expansion of the ObamaCare pre- The PRESIDING OFFICER. Are there it be reported by number.
mium tax credit must be temporary any other Senators in the Chamber de- The PRESIDING OFFICER. The
and limited. siring to vote or change their vote? clerk will report the amendment by
Look, regardless of how you feel The result was announced—yeas 49, number.
about ObamaCare, regardless of how nays 50, as follows: The senior assistant legislative clerk
read as follows:
you feel about this expansion of it, I [Rollcall Vote No. 105 Leg.]
The Senator from Iowa [Mr. GRASSLEY]
think we should all be able to agree YEAS—49 proposes an amendment numbered 902 to
that allowing those who are making Barrasso Crapo Johnson amendment No. 891.
hundreds of thousands of dollars a year Blackburn Cruz Kennedy
The amendment is as follows:
to access this form of government as- Blunt Daines Lankford
Boozman Ernst Lee (Purpose: To provide funding for payments
sistance, even in a pandemic—perhaps
ctelli on DSK11ZRN23PROD with SENATE
Braun Fischer Lummis for losses of crops due to disasters)
especially in a pandemic—is inappro- Burr Graham Marshall In section 1001(b), strike paragraphs (3) and
priate. Capito Grassley McConnell (4) and insert the following:
The PRESIDING OFFICER. The Sen- Cassidy Hagerty Moran
Collins Hawley Murkowski
(3) to make grants and loans for small or
ator from Oregon. Cornyn Hoeven Paul midsized food processors or distributors, sea-
Mr. WYDEN. Mr. President, I rise in Cotton Hyde-Smith Portman food processing facilities and processing ves-
opposition. Cramer Inhofe Risch sels, farmers markets, producers, or other
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1259
organizations to respond to COVID–19, in- VOTE ON AMENDMENT NO. 902 period on line 22 and insert the following:
cluding for measures to protect workers The PRESIDING OFFICER. The ‘‘not less than $5,000,000,000 shall be available
against COVID–19; question is on agreeing to the amend- pursuant to section 1703 of title 38, United
(4) to make loans and grants and provide States Code, for health care furnished
ment. through the Veterans Community Care pro-
other assistance to maintain and improve
Mr. GRASSLEY. I request a rollcall gram in sections 1703(c)(1) and 1703(c)(5) of
food and agricultural supply chain resil-
iency; and vote. such title, and not less than $1,250,000,000
(5) to make payments for necessary ex- The PRESIDING OFFICER. The yeas shall be available for construction under
penses related to losses of crops (including and nays have been requested. chapter 81 of such title.’’
losses due to high winds or derechos) in the Is there a sufficient second? Mr. MORAN. Mr. President, I ask
same manner as under title I of the Addi- There appears to be a sufficient sec- unanimous consent for 2 minutes of de-
tional Supplemental Appropriations for Dis- ond. bate equally divided.
aster Relief Act, 2019 (Public Law 116–20; 133 The clerk will call the roll. The PRESIDING OFFICER. Without
Stat. 871; 133 Stat. 1097; 133 Stat. 2659), for The senior assistant legislative clerk objection, it is so ordered.
crop losses in crop year 2020. called the roll. Mr. MORAN. Mr. President, amend-
Mr. GRASSLEY. I ask unanimous Mr. THUNE. The following Senator is ment No. 1154 is on community care
consent for 2 minutes, equally divided. necessarily absent: the Senator from funding within the Department of Vet-
The PRESIDING OFFICER. Without Alaska (Mr. SULLIVAN). erans Affairs. The VA has estimated
objection, it is so ordered. The PRESIDING OFFICER (Mr. that it needs $13.4 billion for medical
Mr. GRASSLEY. Mr. President, you MERKLEY). Are there any other Sen- care. This bill provides $14.4 billion in
folks on the other side of the aisle, the ators in the Chamber desiring to vote care, but it currently limits how much
House Agriculture Committee voted or change their vote? money can be spent within that care
out the bill that Senator WARNOCK suc- The result was announced—yeas 45, for community care. So we generally
cessfully defended. That same House nays 54, as follows: have all the care within the VA, but
Agriculture Committee voted out a bi- [Rollcall Vote No. 106 Leg.] sometimes people are referred out to
partisan bill that had the support of YEAS—45 the community, sometimes there is
Congressman FEENSTRA of Iowa and Barrasso Ernst Moran telehealth, and sometimes the care ac-
Congresswoman AXNE of Iowa. Blackburn Fischer Portman tually occurs in a VA facility.
Blunt Graham Risch This would eliminate that cap of $4.4
It got out of committee, and then Boozman Grassley Romney
you know what? The Rules Committee Braun Hagerty Rounds billion and replace it with spending up
took it out of this bill that came over Burr Hawley Rubio to $5 billion on community care, the
here. So I am asking for the reconsider- Capito Hoeven Sasse amount that it is expected the VA will
Cassidy Hyde-Smith Scott (FL)
ation of that. Collins Inhofe Scott (SC)
need. Again, this amendment removes
This amendment does this: It makes Cornyn Johnson Shelby this arbitrary funding barrier, and it
farmers in Iowa that were hit by the Cotton Kennedy Thune also includes additional dollars for
Cramer Lankford Tillis maintenance at our VA medical cen-
derecho wind—and that is a wind that Crapo Lummis Tuberville
you don’t predict like you do a tor- Cruz Marshall Wicker
ters.
Daines McConnell Young I retain the balance of my time.
nado, and it just crops up, 150 miles The PRESIDING OFFICER. The Sen-
long and 30 miles wide. It destroyed NAYS—54
ator from Montana.
855,000 acres of corn, laid it flat. And if Baldwin Hirono Peters Mr. TESTER. Mr. President, I rise,
it was meteoric, you still couldn’t har- Bennet Kaine Reed
and unfortunately I have to speak
vest it. So most of it was plowed under. Blumenthal Kelly Rosen
Booker King Sanders against this amendment from my good
The PRESIDING OFFICER. The Sen- Brown Klobuchar Schatz friend JERRY MORAN. But here is the
ator’s time has expired. Cantwell Leahy Schumer deal. If you talk to the veterans, they
Cardin Lee Shaheen
Mr. GRASSLEY. My time is up al- Carper Luján Sinema like VA care, but there are some cases
ready? I would like to have it consid- Casey Manchin Smith where community care is very, very
ered, please. Coons Markey Stabenow important for them to have, either for
Cortez Masto Menendez Tester
The PRESIDING OFFICER. The Sen- Duckworth Merkley Toomey
personal reasons or maybe it is because
ator from Michigan. Durbin Murkowski Van Hollen it is closer to where they live. So com-
Ms. STABENOW. Mr. President, to Feinstein Murphy Warner munity care is also very, very impor-
Gillibrand Murray Warnock tant.
my good friend—we work together on Hassan Ossoff Warren
so many things in agriculture—let me Here is the problem I have with
Heinrich Padilla Whitehouse
first say we all saw the devastation Hickenlooper Paul Wyden Ranking Member MORAN’s amendment.
caused by the storm across the Mid- This bill sets it at a cap of $4 billion.
NOT VOTING—1
west last year. That is why we have a OK. They go over that, they have to
Sullivan
strong crop insurance program in our come to us and ask for permission to
bipartisan farm bill that quickly re- The amendment (No. 902) was re- go over that. Under this amendment,
sponds when disasters strike. jected. they can spend any amount on care, up
The PRESIDING OFFICER. The Sen- to $5 billion and even more if they so
Iowa producers have already received
ator from Kansas. choose, without our permission. I want
nearly $600 million in crop insurance
AMENDMENT NO. 1154 TO AMENDMENT NO. 891 JERRY MORAN and myself and others to
indemnities for damages in 2020. If crop
Mr. MORAN. Mr. President, I call up be able to say: Hey, what are you
insurance can’t meet the need, the
my amendment No. 1154 and ask that it spending that money on? Is it really
other opportunity is to consider some-
be reported by number. being spent to the best advantage? By
thing in appropriations.
The PRESIDING OFFICER. The the way, that is not only for commu-
It should not be here. I urge a ‘‘no’’ nity care; that is for VA care too. So I
clerk will report the amendment by
vote because it would take away, in would like to leave that as a cap in-
number.
this amendment, critical funds to re- stead of a floor. That is why I oppose
The senior assistant legislative clerk
pair our broken food supply chain; sup- this amendment.
read as follows:
port our farmers, our food banks, our Mr. MORAN. Mr. President, the MIS-
The Senator from Kansas [Mr. MORAN] pro-
frontline workers, and our families in poses an amendment numbered 1154 to SION Act allows for the veteran and
need. amendment No. 891. the VA to make the decision where the
We know the supply chain is broken. The amendment is as follows: care should occur.
ctelli on DSK11ZRN23PROD with SENATE
This provision is going to help fix that, VOTE ON AMENDMENT NO. 1154
(Purpose: To increase the availability of
and I would urge a ‘‘no’’ vote. Don’t amounts for the Veterans Community Care The PRESIDING OFFICER. The
take money away from here, which is program of the Department of Veterans Af- question is on agreeing to the amend-
so critically needed for farmers and fairs) ment.
ranchers. On page 278, beginning on line 18, strike Mr. MORAN. I ask for the yeas and
Thank you. ‘‘not more’’ and all that follows through the nays.
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S1260 CONGRESSIONAL RECORD — SENATE March 5, 2021
The PRESIDING OFFICER. Is there a (2) from the remaining amounts, make The question is on agreeing to the
sufficient second? grants amendment.
There appears to be a sufficient sec- Ms. MURKOWSKI. I ask unanimous The amendment (No. 1233) was agreed
ond. consent for 2 minutes of debate equally to.
The clerk will call the roll. divided. The PRESIDING OFFICER. The Sen-
The legislative clerk called the roll. The PRESIDING OFFICER. Without ator from Montana.
Mr. THUNE. The following Senator is objection, it is so ordered. MOTION TO COMMIT WITH INSTRUCTIONS
necessarily absent: the Senator from Ms. MURKOWSKI. Mr. President, Mr. DAINES. Mr. President, I have a
Alaska (Mr. SULLIVAN). this is the amendment we are waiting motion to commit at the desk.
The PRESIDING OFFICER. Are there for. This is a bipartisan amendment. The PRESIDING OFFICER. The
any other Senators in the Chamber de- This is so bipartisan that we have al- clerk will report the motion.
siring to vote or change their vote? ready agreed to a voice vote, so listen The senior assistant legislative clerk
The result was announced—yeas 49, carefully. Yes, thank you for that. read as follows:
nays 50, as follows: Prepandemic, our public schools had
The Senator from Montana [Mr. DAINES]
[Rollcall Vote No. 107 Leg.] identified about 1.5 million kids who moves to commit the bill H.R. 1319 to the
YEAS—49 experience homelessness. That is 2.7 Committee on Foreign Relations with in-
Barrasso Graham Portman percent of all public school students. structions.
Blackburn Grassley Risch So think about what that means. That The motion is as follows:
Blunt Hagerty Romney was prepandemic. We know that num-
Boozman Hawley Rounds MOTION TO COMMIT WITH INSTRUCTIONS
Braun Hoeven Rubio
ber is higher now.
Burr Hyde-Smith Our amendment is pretty simple Mr. Daines moves to commit the bill H.R.
Sasse 1319 to the Committee on Foreign Relations
Capito Inhofe Scott (FL) here. We reallocate less than 1 percent
Cassidy Johnson with instructions to report the same back to
Scott (SC) of the funding for the Elementary and the Senate in 3 days, not counting any day
Collins Kennedy
Shelby Secondary School Emergency Relief
Cornyn Lankford
Thune
on which the Senate is not in session, with
Cotton Lee Fund to ensure that homeless youth changes that—
Cramer Tillis
Lummis and kids have the resources they need (1) are within the jurisdiction of such com-
Crapo Marshall Toomey
Cruz McConnell Tuberville to get into and succeed in school. mittee; and
Daines Moran Wicker In Alaska and around the country, (2) would support American jobs and en-
Ernst Murkowski Young the COVID–19 pandemic and economic ergy security by directing a portion of the
Fischer Paul downturn have increased the strain on funds appropriated for Department of State
our families and the need for services. Operations to be used to review and approve
NAYS—50
international cross border permits pursuant
Baldwin Hickenlooper Reed Too many of the kids have left their
to Executive Order 13337 (69 Fed. Reg. 25299
Bennet Hirono Rosen homes, been pushed out of their homes, (May 5, 2004)), including the Keystone XL
Blumenthal Kaine Sanders sometimes many of them to escape a
Booker Kelly pipeline.
Schatz dangerous situation. They are dealing
Brown King Schumer Mr. DAINES. Mr. President, this mo-
Cantwell Klobuchar with the challenges of virtual learning.
Shaheen tion to commit will send this bill back
Cardin Leahy Sinema These kids are worrying about where
Carper Luján to the Foreign Relations Committee to
Smith to sleep at night, how they are going to
Casey Manchin include authorization of the Keystone
Coons Markey
Stabenow eat dinner, if they are going to be safe.
Tester This amendment ensures that these XL Pipeline in the final bill. In fact, as
Cortez Masto Menendez
Duckworth Merkley
Van Hollen
kids, no matter the trauma and the we saw earlier this morning, the Key-
Durbin Murphy Warner stone XL Pipeline has bipartisan sup-
Warnock challenges they face outside of the
Feinstein Murray
classroom, will have a safe place to port.
Gillibrand Ossoff Warren
Whitehouse sleep and access to the wraparound Here is the difference. This morning’s
Hassan Padilla
Heinrich Peters Wyden services that they need. We have a re- amendment vote was a 60-vote thresh-
sponsibility to ensure that this vulner- old. This is a simple majority. This is
NOT VOTING—1
able population, many of whom will be good for union jobs. It is great for our
Sullivan
subject to predation, violence, or traf- rural communities. It reduces emis-
The amendment (No. 1154) was re- sions.
jected. ficking, is not forgotten or left behind.
I would like to yield to my friend and It is time to get this done. I urge my
The PRESIDING OFFICER. The Sen- colleagues on both sides of the aisle to
ator from Alaska. my colleague Senator MANCHIN.
The PRESIDING OFFICER. The Sen- support this motion.
AMENDMENT NO. 1233 The PRESIDING OFFICER. The Sen-
ator from West Virginia.
Ms. MURKOWSKI. Mr. President, I Mr. MANCHIN. Mr. President, I also ator from New Jersey.
call up amendment No. 1233 and ask proudly rise with my colleague on this Mr. MENENDEZ. Mr. President, col-
that it be reported by number. piece of legislation. leagues, this amendment is meant for
The PRESIDING OFFICER. The There is not one of us in this room one purpose and one purpose only and
clerk will report the amendment by who doesn’t have rising homelessness that is to kill the American Rescue
number. for our children in your State, not one Plan, to kill all the work that has
The legislative clerk read as follows: of us. We are all experiencing that brought us to this moment, to kill the
The Senator from Alaska [Ms. MUR- $1,400 checks to American families that
right now. We are 10,000 in the State of
KOWSKI], for herself and Mr. PORTMAN, pro-
West Virginia alone. will help them stay in their homes and
poses an amendment numbered 1233 to
amendment No. 891. These are children—basically, if you put food on the table, to kill the ex-
look at it, it is estimated that there tended unemployment checks that mil-
The amendment is as follows:
are one in four homeless children. That lions are depending upon us not to let
(Purpose: To use $800,000,000 of the Elemen-
tary and Secondary School Emergency Re- is about 420,000 kids who are poten- lapse next week, to kill the ability to
lief Fund to identify and provide homeless tially unidentified and not even con- put more vaccine in the arms of our
children and youth with wrap-around serv- nected with a school system, not even families, to kill the desperate aid that
ices in light of the challenges of COVID–19 connected. They are couch surfing. It is small businesses need to stay alive, to
and other assistance) horrible what is going on. kill the chance to lift 50 percent of all
In section 2001(b), strike ‘‘shall make I am so proud. This is such a bipar- of those children in poverty into the
grants’’ and insert the following: ‘‘shall— tisan piece of legislation. Less than 1 sunlit plains of opportunity.
(1) use $800,000,000 for the purposes of iden- percent, $800 million, is all we asked The Senate has already expressed
ctelli on DSK11ZRN23PROD with SENATE
tifying homeless children and youth and pro- for to use for this, and everyone sup- itself today on Keystone. The com-
viding homeless children and youth with—
ported it. Thank you very much. I ap- mittee rule could not accommodate
(A) wrap-around services in light of the
challenges of COVID–19; and preciate it. this referral in the timeframe offered.
(B) assistance needed to enable homeless VOTE ON AMENDMENT NO. 1233 Enough is enough. It is time to defeat
children and youth to attend school and par- The PRESIDING OFFICER. All time this amendment and pass the American
ticipate fully in school activities; and has expired. Rescue Plan.
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1261
I urge my colleagues to vote against The legislative clerk read as follows: The clerk will call the roll.
it. The Senator from Virginia [Mr. WARNER], The legislative clerk called the roll.
The PRESIDING OFFICER. The Sen- for himself and Mr. RUBIO, propose an Mr. THUNE. The following Senator is
ator from Montana. amendment numbered 1391 to amendment necessarily absent: the Senator from
Mr. DAINES. The only thing that has No. 891.
Alaska (Mr. SULLIVAN).
been killed is the Keystone XL Pipe- The amendment is as follows: The result was announced—yeas 93,
line by President Biden. This resur- (Purpose: To extend the authority for Fed- nays 6, as follows:
rects the Keystone XL Pipeline. eral contractors to reimburse employees
unable to perform work due to the COVID– [Rolllcall Vote No. 109 Leg.]
The union jobs are needed. The rural
communities need these tax revenues 19 pandemic from March 31, 2021, to Sep- YEAS—93
tember 30, 2021) Baldwin Graham Peters
for their schools. This is what we want
At the end of title IV, add the following: Barrasso Grassley Portman
to do. We had bipartisan support for Bennet Hagerty Reed
SEC. 4015. EXTENSION OF REIMBURSEMENT AU-
that this morning. Let’s do it again. I THORITY FOR FEDERAL CONTRAC- Blackburn Hassan Risch
urge passage of this motion to commit. TORS. Blumenthal Hawley Romney
Blunt Heinrich Rosen
VOTE ON MOTION TO COMMIT Section 3610 of the CARES Act (Public Law Booker Hickenlooper Rounds
The PRESIDING OFFICER. The 116–136; 134 Stat. 414) is amended by striking Boozman Hirono Rubio
question is on agreeing to the motion. ‘‘September 30, 2020’’ and inserting ‘‘Sep- Brown Hoeven Sanders
Mr. BARRASSO. I ask for the yeas tember 30, 2021’’. Burr Hyde-Smith Sasse
Cantwell Inhofe Schatz
and nays. Mr. WARNER. I ask unanimous con- Capito Kaine Schumer
The PRESIDING OFFICER. Is there a sent that there be 2 minutes equally di- Cardin Kelly Scott (FL)
sufficient second? vided. Carper Kennedy Scott (SC)
The PRESIDING OFFICER. Without Casey King Shaheen
There appears to be a sufficient sec- Cassidy Klobuchar Shelby
ond. objection, it is so ordered. Collins Lankford Sinema
The clerk will call the roll. Mr. WARNER. My colleagues, I think Coons Leahy Smith
The senior assistant legislative clerk this may be the last amendment. It is Cornyn Luján Stabenow
broadly bipartisan. This amendment Cortez Masto Manchin Tester
proceeded to call the roll. Cotton Markey Thune
Mr. THUNE. The following Senator is simply continues provisions that were Cramer Marshall Tillis
necessarily absent: The Senator from included in the earlier COVID relief Crapo McConnell Toomey
packages. Cruz Menendez Van Hollen
Alaska (Mr. SULLIVAN). Daines Merkley Warner
The PRESIDING OFFICER. Are there It was called section 3610, and it en- Duckworth Moran Warnock
any other Senators in the Chamber de- sures that our classified government Durbin Murkowski Warren
siring to vote? contracting workforce—a workforce Ernst Murphy Whitehouse
that oftentimes takes many years to Feinstein Murray Wicker
The result was announced—yeas 49, Fischer Ossoff Wyden
nays 50, as follows: receive top-level security clearance— Gillibrand Padilla Young
[Rollcall Vote No. 108 Leg.] continues to be compensated through
the balance of the fiscal year. Failure NAYS—6
YEAS—49 Braun Lee Paul
to do this would lose this workforce to
Barrasso Graham Portman Johnson Lummis Tuberville
Blackburn Grassley Risch
private sector and other competitors
Blunt Hagerty Romney and seriously put our national security NOT VOTING—1
Boozman Hawley Rounds at risk. Sullivan
Braun Hoeven Rubio I point out this is an independent bill
Burr Hyde-Smith Sasse The amendment (No. 1391) was agreed
Capito Inhofe of this nature that cleared unani-
Scott (FL) to.
Cassidy Johnson Scott (SC) mously earlier this week on this side of
Collins Kennedy the aisle. PRAYER
Shelby
Cornyn Lankford The PRESIDENT pro tempore. Pur-
Cotton Lee
Thune I yield the balance of my time to
Cramer Lummis
Tillis Senator RUBIO. suant to rule IV, paragraph 2, the hour
Crapo Marshall Toomey The PRESIDING OFFICER. The Sen- of 12 noon having arrived, the Senate
Cruz McConnell Tuberville
Wicker ator from Florida. having been in continuous session since
Daines Moran
Ernst Murkowski Young Mr. RUBIO. This is important to the yesterday, the Senate will suspend for
Fischer Paul intelligence community. I ask that no a prayer from the Senate Chaplain.
NAYS—50
one be a fly in the ointment here. The Chaplain, Dr. Barry C. Black, of-
The PRESIDING OFFICER. The Sen- fered the following prayer:
Baldwin Hickenlooper Reed
Bennet Hirono Rosen
ator from Kentucky. Let us pray.
Blumenthal Kaine Sanders Mr. PAUL. Mr. President, this Eternal God, who guides us through
Booker Kelly Schatz amendment is an insult to every cash- life’s marathons, we praise Your power-
Brown King Schumer ier at Walmart or bagger at Kroger
Cantwell Klobuchar ful Name. Have compassion on us and
Shaheen who comes to work every day in per-
Cardin Leahy Sinema answer our prayers. Lord, You control
Carper Luján Smith
son. This amendment is an insult to our destiny. You have promised to do
Casey Manchin every meatpacker or waiter or waitress
Coons Markey
Stabenow for us all that You have planned.
Cortez Masto Menendez
Tester who comes to work every day in per- May our lawmakers confidently face
Van Hollen son.
Duckworth Merkley
Warner
the future, believing that their times
Durbin Murphy Supporters of this amendment care are in Your hand. Guided by Your lov-
Feinstein Murray Warnock
Warren
more about government contractors ing providence, may our Senators
Gillibrand Ossoff
Hassan Padilla Whitehouse making $100,000 a year than they do refuse to depart from the path on
Heinrich Peters Wyden about the people who serve your food. which You have placed them. Grant
NOT VOTING—1
If food servers and grocery store clerks that Your blessings will rest on Your
can go to work in person, I think gov- people now and always.
Sullivan
ernment contractors can, too. We pray in Your great Name. Amen.
The motion was rejected. I urge a ‘‘no’’ vote.
The PRESIDING OFFICER. The Sen- The PRESIDENT pro tempore. The
VOTE ON AMENDMENT NO. 1391
ator from Virginia. majority leader.
The PRESIDING OFFICER. The
AMENDMENT NO. 1391 TO AMENDMENT NO. 891 AMENDMENT NO. 1398 TO AMENDMENT NO. 891
question is on agreeing to the amend-
ctelli on DSK11ZRN23PROD with SENATE
Mr. WARNER. Mr. President, I call ment. (Purpose: To improve the bill)
up amendment No. 1391 and ask that it Mr. WARNER. Mr. President, I ask Mr. SCHUMER. Mr. President, I am
be reported by number. for the yeas and nays. pleased that we have finally come to
The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a this point. This amendment makes a
clerk will report the amendment by sufficient second? series of conforming and technical
number. There is a sufficient second. changes. It strikes provisions that the
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S1262 CONGRESSIONAL RECORD — SENATE March 5, 2021
Parliamentarian advised were extra- have COVID–19 expenses that you don’t ever, those efforts have fallen short,
neous. It makes a series of perfecting get the money, and yet we are adding and Congress is now providing addi-
changes on behalf of reconciled com- another $10 billion to that pot through tional assistance.
mittees while preserving the will that this one amendment. So, of course, we Various factors have contributed to
the Senate has worked over this long object to this amendment, and there the historic loss of farmland owned and
day. may be other stuff in there too. I hope operated by farmers of color. According
I call up my amendment No. 1398 and everybody gets a chance to look at it to the Economic Research Service, a
ask that it be reported by number. because we have not had a chance to do century ago, Black farmers owned
The PRESIDENT pro tempore. The so yet. more than 15 million acres of agricul-
clerk will report. But I hope we do not create the tural land and operated almost 1 mil-
The legislative clerk read as follows: wrong incentives. I hope we do not cre- lion farms. A century later, data from
The Senator from New York [Mr. SCHU- ate this situation where we are sub- the 2017 Census of Agriculture indi-
MER], proposes an amendment numbered 1398 stantially increasing costs to the tax- cated that Black farmers own fewer
to amendment No. 891. payer through changes in workers’ than 2.9 million acres, less than a fifth
(The amendment is printed in today’s comp and adding another $10 billion to of what they owned in 1920. A Tufts
RECORD under ‘‘Text of Amendments.’’) a category where it has been shown, in University analysis estimated the
Mr. SCHUMER. Mr. President, I ask many cases, not to be needed. value of that lost farmland at more
unanimous consent for 2 minutes of de- The PRESIDENT pro tempore. The than $120 billion in lost opportunities.
bate, equally divided. Senator’s time has expired. According to a 2019 article in the At-
The PRESIDENT pro tempore. With- The Senator from Vermont. lantic, ‘‘The Great Land Robbery,’’ in
out objection, it is so ordered. Mr. SANDERS. Mr. President, I rise the recovery from the Great Depres-
The Senator from Ohio. in support of the technical amendment sion, the New Deal Farm Security Ad-
Mr. PORTMAN. Mr. President, this and in very strong support of the over- ministration at the U.S. Department of
amendment comes after about 24 hours all bill, the American Rescue Plan. Agriculture denied loans to poor Black
of discussion here as a surprise because Let’s be clear. This bill that we are farmers that were available to their
we are just looking at it for the first completing now is the most significant White neighbors.
time. piece of legislation that benefits work- In 1830, the Indian Removal Act for-
But there are two things that are ing people in the modern history of malized Native American removal as a
very disturbing about it. One is it com- this country. Not only are we going to federally sanctioned practice, remov-
pletely distorts workers’ compensation go forward to crush this pandemic, to ing tens of thousands of original inhab-
for Federal employees, which has sub- rebuild our economy, and to get our itants from their traditional lands
stantially increased costs to taxpayers, kids back to school safely, we are going within existing State borders to land
of course. It also sets a terrible prece- to do something even more important. west of the Mississippi River. The re-
dent in terms of how workers’ comp We are going to help restore faith in moval disrupted land ownership and
works. the U.S. Government among the people tenure and reoriented traditional farm
Workers’ comp, of course, is for peo- of our country. The people are hurting, production techniques. The Homestead
ple who are injured on the job, and you and today we responded. Act, enacted in 1862, allowed settlers to
have to show you have been injured on The PRESIDENT pro tempore. All claim 160 acres of surveyed government
the job. That is how it works. It is a time has expired. land. Records in the National Archive
basic principle for workers’ comp. The question is on agreeing to the show that land had been inhabited by
In this case, this amendment changes amendment. Native Americans, but Native Ameri-
the rules to require compensation for The amendment (No. 1398) was agreed cans were not eligible to participate in
COVID–19 lost wages no matter how to. the program.
risky the Federal employees’ behavior VOTE ON AMENDMENT NO. 891, AS AMENDED The California Alien Land Laws of
might have been outside of the work- The PRESIDENT pro tempore. The 1913 and 1920 denied Asian immigrants
place. In other words, no questions question is on agreeing to amendment the opportunity to purchase farmland
asked. If you are a Federal worker and No. 891, as amended. or enter into long-term lease contracts
you get COVID–19, you get this. The amendment (No. 891), as amend- until a 1952 court decision held the law
That is not the way workers’ comp ed, was agreed to. to be unconstitutional. During World
works. So this is a big change in work- The amendments were ordered to be War II, tens of thousands of first and
force policy and establishes, again, a engrossed and the bill to be read a second generation Japanese American
dangerous new precedent in workers’ third time. families were forced off their farms and
comp policy, generally. The bill was read the third time. into internment camps. For perspec-
It also creates a wrong incentive— Ms. STABENOW. Mr. President, I tive, an estimated half of Japanese
think about it—for the employee and rise today in support of provisions in Americans living in California at the
for the employer. So we oppose this. this bill that support socially disadvan- time were involved in agriculture ac-
For Federal workers, the statute is taged farmers and ranchers. cording to a February 12, 2021, article
very explicit. It says: Federal workers’ One-fifth of all rural Americans—10.5 in ‘‘Civil Eats.’’
compensation ‘‘for the disability or million people—are people of color. For Hispanic farmers have faced a par-
death . . . resulting from personal in- Black, Native American, Hispanic and ticularly difficult time with discrimi-
jury sustained while in the perform- Latinx, and Asian American farm fami- nation at the U.S. Department of Agri-
ance of . . . duty.’’ lies, their experience in the agricul- culture because demographic informa-
Second—I ask unanimous consent for tural economy is markedly different tion about Hispanic farmers wasn’t
an additional 30 seconds. than their White counterparts. This even collected separately by the Census
The PRESIDENT pro tempore. With- has been particularly true when it of Agriculture until 1974. According to
out objection, it is so ordered. comes to the interactions between USDA, the Census of Agriculture start-
Mr. PORTMAN. Second, we are just farmers of color and the U.S. Depart- ed collecting demographic information
finding out there is another $10 billion ment of Agriculture. This history of about minority farmers in 1900 and
added through this amendment to longstanding systemic discrimination published the first record of minority
State and local governments. I don’t against farmers of color is well docu- farmers in 1920 but neglected to include
know if everybody was listening when mented. Congress has long recognized Hispanic farmers. This lack of histor-
Senator ROMNEY gave his explanation this discrimination against farmers of ical documentation has resulted in
ctelli on DSK11ZRN23PROD with SENATE
during his amendment of what is hap- color by USDA and, through various many Hispanic farmers being left out
pening with regard to our States, but a mechanisms, has sought to remedy and of critical farm programs and has made
lot of our States don’t need the money. alleviate systemic barriers that pre- it difficult to resolve issues of discrimi-
Some do and some don’t. And there is vented socially disadvantaged farmers nation and civil rights. A 2001 article in
no requirements here that if you have and ranchers from fully participating the Natural Resources Journal entitled
got a surplus or if you otherwise don’t in the American farm economy. How- ‘‘Livestock Racism and Traditional
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1263
Culture in Northern New Mexico’’ In 1997, the USDA formed a Civil Rights scribed the challenges faced by Latinx farm-
noted additional struggles Hispanic Action Team to hold nationwide listening ers due to failure of agricultural agencies to
farmers and ranchers have had with sessions to hear from socially disadvantaged engage in appropriate outreach or account
and minority farmers. A report published for language barriers.
grazing issues and Federal land man-
after the listening sessions documented Most recently in 2019, a GAO report ob-
agement, including USDA programs. Black, Hispanic, Asian-American, and Amer- served that despite specific preference, so-
American institutions both public ican Indian farmers who told stories of cially disadvantaged farmers and ranchers
and private have thoroughly docu- USDA hurting minority farmers more than had proportionately fewer Farm Service
mented this discrimination. Numerous helping them. Minority farmers described Agency direct and guaranteed loans than
reports issued since the Civil Rights how their discrimination complaints were non-socially disadvantaged farmers and
Era in the 1960s have shown a con- caught in the backlog of appeals or if suc- ranchers. This report found that farmers and
sistent pattern of discrimination, in cessfully appealed, were given findings of ranchers of color continued to face more dif-
particular by USDA, against Black, In- discrimination that were not enforced. The ficulties in obtaining farm loans and high-
digenous, and other farmers of color. report acknowledged that discrimination in lighted the historic, systemic discrimination
USDA program delivery continued to exist against such farmers.
Much of the following history was laid
to a large degree unabated. The record of discriminatory conduct
out by House Agriculture Committee Also in 1997, the USDA Office of the Inspec-
Chairman DAVID SCOTT during his floor tor General (OIG) issued a report to the at USDA, as well as the library of stud-
statement in support of the American USDA Secretary that noted ‘‘a climate of ies and reports chronicling that dis-
Rescue Plan provisions on February 26, disorder within the civil rights staff at the crimination is indeed long and details
2021. Farm Service Agency.’’ It was difficult for many of the barriers between farmers
A 1965 report by the United States Com- the OIG to even determine the number and of color and the Department that pre-
mission on Civil Rights found that Federal, status of civil rights complaints at the agen- vent these farm families from access-
state, and local officials discriminated cy and department because of that climate. ing the same programs and experi-
against Black farmers in agricultural pro- A 1998 OIG report noted the OIG had issued
44 recent recommendations to USDA to im-
encing the same success as their White
grams and that this discrimination actively counterparts.
contributed to the decline in the Black own- prove its civil rights complaints and improve
relations with minority farmers and stated To address long and well-documented
ership of farmland.
In 1968, a follow up report from the that several of those recommendations had history of systemic discrimination,
United States Commission on Civil yet to be implemented. successive Congresses have worked in a
In 1998, the USDA National Commission on bicameral and bipartisan manner over
Rights found that Black farmers con- Small Farms further described and docu-
tinued to face discrimination when the years to authorize and oversee im-
mented the longstanding discrimination of
seeking farm loans and other forms of USDA towards socially disadvantaged pro-
plementation of programs at USDA.
assistance. ducers. And, it observed that ‘‘discrimina- During the agriculture credit crisis
In 1970, the United States Commission on tion has been a contributing factor in the de- in the 1980s, Congress addressed this
Civil Rights again found that discrimination cline of Black farmers over the last several well-documented systemic discrimina-
continued in USDA program administration. decades.’’ The Commission’s report also tion at USDA and began to target as-
The 1970 report indicated that prior to 1968, notes the ‘‘history of under-allocation of re- sistance at the U.S. Department of Ag-
no Black farmer had ever been elected to any sources to institutions that have served mi- riculture to ‘‘socially disadvantaged
former Agricultural Stabilization and Con- nority farmers,’’ the ‘‘disgraceful’’ ‘‘failure
servation Service committee at the county farmers or ranchers,’’ a farmer or
to elect minority farmers to positions on
level in the South. In 1970, two out of more Farm Service Agency County Committees,’’
rancher who has been subjected to ra-
than 4,100 committee members in the South and more. cial or ethnic prejudice because of
were Black farmers, even though there were During the period between 1997 and 2000, their identity as a member of a socially
58 counties in the South, where Black farm- Black farmers, Native American farmers, disadvantaged group without regard to
ers comprised a majority of the farm oper- and Hispanic farmers filed lawsuits alleging their individual qualities. Congress
ator population. It is hard to view as coinci- USDA discriminated against them on the provided support that targeted and
dence then that half a million Black-owned basis of race in processing their farm pro-
farms in the U.S. failed between 1950 and
prioritizes USDA resources to ensure
gram applications and that USDA failed to
1975. farmers of color have the same oppor-
investigate their complaints of discrimina-
In 1982, the United States Commission on tion. tunities as White farmers. Today, this
Civil Rights issued another report on the In 2001, a report by the U.S. Commission on support has grown to include a broad
rapid decline of Black-operated farms. The Civil Rights documented the continued dis- range of set-asides, special programs,
report noted that between 1970 and 1980, the criminatory lending practices against minor- and incentives for socially disadvan-
Black farm population declined 65 percent, ity farmers. The Commission found that taged farmers.
compared to a 22 percent decline in the white Black farmers waited four times longer than
farm population. The report also documented
In 1987, Congress passed the Agricul-
white farmers for USDA farm loans. The tural Credit Act of 1987. Section 617 of
numerous discrimination complaints filed Commission recommended that USDA re-
against USDA field offices regarding the ad- solve the backlog of civil rights complaints
this bill required the USDA to estab-
ministration of farm loan programs and and document and alleviate discriminatory lish annual target participation rates,
noted that for many of these complaints, lending practices. However, USDA continued on a countywide basis, that would en-
USDA’s Office of Equal Opportunity inves- to struggle with resolving its backlog of civil sure that members of socially dis-
tigated and found equal opportunity viola- rights complaints. advantaged groups receive direct or
tions at those field offices. The report con- In a 2005 audit the OIG stated in a report, guaranteed farm ownership loans. Con-
cluded that racial discrimination was con- ‘‘it took 12 days longer to complete minority
tinuing within the USDA, at USDA head-
gress amended this requirement in 1996
applications, delinquencies were higher for
quarters, and in the network of field offices minority borrowers than non-minority bor-
to ensure that USDA’s implementation
that implement USDA programs. Instead of rowers, and minority borrowers were reluc- was consistent with the holding of the
responding to recommendations of the re- tant to enter into Farm Service Agency of- Supreme Court in Adarand Construc-
port, President Ronald Reagan and Agri- fices to apply for loans.’’ tors, Inc. v. Federico Pena, Secretary
culture Secretary John Block closed the Of- In 2008, GAO reported that USDA’s difficul- of Transportation, 515 U.S. 200 (1995),
fice in 1983, and it would remain closed for ties in resolving discrimination complaints which held that race-based actions by
another 13 years until reopened under Presi- persisted and that the USDA had not the government is within constitu-
dent Bill Clinton and Secretary Dan Glick- achieved its goal of preventing future back-
man in 1996.
tional constraints when it is necessary
logs of discrimination complaints.
A 1995 U.S. Government Accountability Of- The 2010 Jackson Lewis report provided to further a compelling interest such
fice (GAO) report found that socially dis- over 200 recommendations to USDA on civil as the ‘‘unhappy persistence of both
advantaged producers were significantly rights issues, including recommendations re- the practice and lingering effects of ra-
underrepresented on the county and commu- lated to civil rights issues in USDA’s farm cial discrimination against minority
nity committees of the former Agricultural lending program and minority farmer access groups.’’
ctelli on DSK11ZRN23PROD with SENATE
Stabilization and Conservation Service. Spe- to other USDA programs. In the 1990 farm bill, Congress took
cifically, the report found that while minor- Recent studies and reports continue to
additional steps to recognize socially
ity producers accounted for nearly 5 percent document the challenges and barriers faced
of the producers eligible to vote for com- by farmers of color due to race or ethnic dis- disadvantaged farmers and ranchers
mittee members, minority producers only crimination or the legacy of such discrimi- and created a landmark new program,
represented 2.1 percent of county committee nation. A September 20, 2017, study in the the 2501 Socially Disadvantaged Farm-
members in the United States. Agriculture and Human Values journal de- er and Rancher Outreach program,
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S1264 CONGRESSIONAL RECORD — SENATE March 5, 2021
which is designed specifically to im- with Garcia v. Vilsack that focused on ers of color by USDA. Despite multiple
prove outreach and technical assist- discrimination against Hispanic and congressional efforts to address this
ance to farmers of color. Latinx farmers, have not provided the discrimination, these efforts, taken
In section 741 of the Agriculture, relief necessary for these farmers of mostly on a case-by case basis, have
Rural Development, Food and Drug Ad- color to participate fully in the Amer- still not remedied the discrimination.
ministration, and Related Agencies Ap- ican agricultural economy. For exam- Congress is now continuing to address
propriations Act, 1999 (7 U.S.C. 2279 ple, the Los Angeles Times reported in this longstanding, widespread, and
note), Congress took the extraordinary 2012 that payments made to Black well-documented discrimination
step of suspending the application of farmers under the Pigford settlements against socially disadvantaged farmers
the then-2-year statute of limitations were significantly eroded by State and ranchers, including systemic bar-
regarding Equal Credit Opportunity taxes, as well as tax debt related to for- riers preventing socially disadvantaged
Claims. This allowed claimants in dis- given USDA farm loans. In Keepseagle farmers and ranchers from fully par-
crimination suits against USDA, in- only a very small percentage of poten- ticipating in the American farm econ-
cluding Black farmers in Pigford v. tial claimants even applied. This was omy, in recognition that our mostly
Glickman and Native American farm- largely due to the older age of many case-by-case efforts thus far have not
ers in Keepseagle v. Veneman, to cite potential claimants and because they done enough. Because of discrimination
at times decades-old instances of dis- were difficult to contact. Claims adju- in USDA’s programs, particularly loan
crimination to qualify for payments dication simply was not effective and programs, at USDA, socially disadvan-
under the respective settlements. did not adequately remedy the dis- taged farmers and ranchers are less
In the 2002 farm bill, Congress cre- likely to have the same access to ade-
crimination.
ated the Office of the Assistant Sec- Specifically in the area of farm lend- quate loan servicing and face other
retary for Civil Rights, with statutory ing, as recently as 2 years ago, two barriers in USDA programs, as their
authority to ensure compliance of all GAO reports showed that socially dis- White counterparts. As a result, their
civil rights laws and incorporation of advantaged farmers and ranchers have loans are more likely to be in default
civil rights activities into the strategic or in a precarious situation.
more difficulty getting loans and cred-
planning of the U.S. Department of Ag- Sections 1005 and 1006 of the Amer-
it from USDA. These loans can help be-
riculture. ican Rescue Plan contain narrowly tai-
A sense of Congress in the 2008 farm ginning farmers break into the busi- lored provisions to address the dis-
bill stated that claims and class ac- ness and help existing farmers continue crimination in credit and other pro-
tions brought against USDA by so- running their operations. One of the grams at USDA, the effects of which
cially disadvantaged farmers or ranch- GAO reports focused on the specific have been magnified by the pandemic,
ers, including Native American, His- barriers of Tribal farmers accessing as well as programmatic changes to
panic, and female farmers or ranchers, credit and the other GAO report high- support socially disadvantaged farmers
on racial, ethnic, or gender discrimina- lights the systemic discrimination that and ranchers. The sections provide
tion in farm program participation has hindered farmers of color for gen- funding for payments on existing
should be quickly and fairly resolved. erations continue today. USDA direct and guaranteed loans held
Congress reacted to USDA’s discrimi- Similarly, a 2019 report from the Na- by socially disadvantaged farmers and
natory history and provided $100 mil- tional Young Farmers Coalition on the ranchers. In addition, this legislation
lion to help settle the Pigford discrimi- structural challenges facing farmers in is providing tools and funding for pro-
nation claims and established a mora- California shows that while White re- grams and systemic reforms at USDA
torium on acceleration and foreclosure spondents reported that they had no to undo the systemic racism that has
proceedings by USDA against any gaps in access to resources like busi- prevented socially disadvantaged farm-
farmer or rancher who filed a discrimi- ness entity choice, credit lending, land ers and ranchers from getting access to
nation claim. To further support access and lease development, mar- critical agricultural credit.
Pigford, Congress provided an addi- keting, policy advocacy, and regu- The public recognition of long-
tional $1.15 billion in funding in the latory navigation; non-White respond- standing discrimination against so-
Claims Resolution Act of 2010 to settle ents reported significantly impaired cially disadvantaged farmers and
the additional claims in the Pigford II access to those same resources, and Na- ranchers and the accompanying broad
class action lawsuit. tive American respondents reported re- support for this work along the food
The 2014 farm bill created a perma- ceiving none of the listed resources. and agriculture supply chain is over-
nent Office of Tribal Relations under The Farm Bill Law Enterprise re- whelming and represents every corner
the Secretary of Agriculture. ported that 99.4 percent of USDA’s of American food and farming. More
Because of the continuing and sys- Market Facilitation Program pay- than 600 farm, food, and rural organiza-
temic nature of these concerns, the ments went to White farmers. Simi- tions, businesses, equity advocates, and
2018 farm bill permanently funded the larly, the Environmental Working legal scholars have sent letters, docu-
section 2501 Socially Disadvantaged Group reported that nonminority farm- ments and issued statements of sup-
Farmer and Rancher Outreach Pro- ers received nearly 97 percent of the port. Notably, each of these letters in-
gram and provided new support to ad- $9.2 billion provided through USDA’s cludes both acknowledgment that
dress longstanding heirs property and first Coronavirus Food Assistance Pro- these ongoing barriers exist, and a
farmland ownership issues. Addition- gram in 2020. great many cite staggering examples of
ally, because Congress recognized that The diminished relationships be- the disadvantages many farmers of
discrimination is both pervasive and tween socially disadvantaged farmers color experience, as well as why the
ongoing, the 2018 farm bill also re- and USDA as a result of both latent provisions contained in sections 1005
quired the production of several re- barriers and historic discrimination and 1006 of the American Rescue Plan
ports by GAO on how both latent and limits access of socially disadvantaged are an appropriate remedy for these
overt discrimination manifest in agri- farmers to USDA’s program, making it important producers.
culture programs, including a report more difficult or impossible for so- While earlier versions of this legisla-
specifically on bias-related to loan cially disadvantaged farmers to par- tion included specific references to the
credit issues for farmers of color within ticipate in USDA programs. The statis- longstanding discrimination within the
the socially disadvantaged designation tics continue to bear this out: 73 per- Department of Agriculture, as noted in
to inform Congress for future legisla- cent of Black farmers, when surveyed Chairman Scott’s February 26, 2021,
tion. As important as Congress’s ac- by the Federation of Southern Co- statement for the record, the man-
tions have been, the remedies are still operatives/Land Assistance Fund, an ager’s amendment in the House Rules
ctelli on DSK11ZRN23PROD with SENATE
not enough as there is still ongoing and association of Black farmers and land- Committee was purely to ensure that
pervasive discrimination leaving so- owners, were not even aware of the ag- these sections would meet the require-
cially disadvantaged farmers signifi- ricultural aid provisions of the ments of section 313 of the Congres-
cantly behind. coronavirus rescue programs at USDA. sional Budget Act of 1974 for consider-
Settlements resulting from the Congress recognizes the longstanding ation in the U.S. Senate. Congress in-
Pigford and Keepseagle lawsuits, along systemic discrimination against farm- cludes these measures to address the
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1265
longstanding and widespread systemic South were Black farmers, even though menting the continued discriminatory
discrimination within the USDA, par- there were 58 counties in the South lending practices against minority
ticularly within the loan programs, where Black farmers comprised a ma- farmers. The Commission found that
against socially disadvantaged farmers jority of the farm operator population. Black farmers waited four times longer
and ranchers. In 1982, the U.S. Commission on Civil than White farmers for USDA farm
Mr. BOOKER. Mr. President, I rise Rights issued another report entitled loans. The Commission recommended
today to speak in support of sections ‘‘The Decline of Black Farming in that USDA resolve the backlog of civil
1005 and 1006 of the American Rescue America’’ which found that the pre- rights complaints and document and
Plan Act. vailing practice at the USDA was to alleviate discriminatory lending prac-
These sections provide loan forgive- follow local patterns of racial segrega- tices.
ness and other critical assistance to tion and discrimination when providing However, USDA continued to strug-
Black farmers and to other farmers assistance and that longstanding dis- gle with resolving its backlog of civil
who are members of racial or ethnic crimination in USDA programs con- rights complaints. In 2008, the Govern-
groups that have for many decades suf- tributed to the decline in farms oper- ment Accountability Office, or GAO,
fered discrimination by the U.S. De- ated by African-American farmers. reported that USDA’s difficulties in re-
partment of Agriculture. In 1997, the USDA formed a Civil solving discrimination complaints per-
According to USDA data, in 1920 in Rights Action Team to hold nationwide sisted and that the USDA had not
the United States there were nearly 1 listening sessions to hear from socially achieved its goal of preventing future
million Black farmers, and they rep- disadvantaged and minority farmers. A backlogs of discrimination complaints.
resented nearly 15 percent of all farm- report published after the listening ses- In 2019, a GAO report observed that
ers in our country. Today, as a direct sions documented Black, Hispanic, socially disadvantaged farmers and
result of a brutal legacy of discrimina- Asian-American, and indigenous farm- ranchers had proportionately less agri-
tion by a Federal agency, there are less ers who told story after story of USDA cultural credit than non-socially dis-
than 50,000 Black farmers left and they hurting minority farmers more than advantaged farmers and ranchers. This
represent less than 2 percent of all helping them. This 1997 report ac- report found that farmers and ranchers
farmers in our country. knowledged that discrimination in of color continued to face more dif-
It is estimated that during the past USDA program delivery continued to ficulties in obtaining farm loans and
century, Black farmers have lost be- exist to a large degree unabated and highlighted the historic, systemic dis-
tween 15 and 20 million acres of land recommended 92 changes to address ra- crimination against such farmers.
and the hundreds of billions of dollars cial bias at the USDA. So now let’s look at where we are
of generational wealth that land rep- In 1998, the USDA National Commis- today.
resented. sion on Small Farms further described
USDA spends billions of dollars each
The cause of the loss of so much and documented the longstanding dis-
year to provide much needed support to
Black-owned farmland and the loss of crimination of USDA towards socially
American farmers. The Market Facili-
so many Black farmers is not a mys- disadvantaged farmers. USDA stated
tation Program and Coronavirus Food
tery. Federal court decisions, the U.S. that ‘‘discrimination has been a con-
Assistance Program are recent USDA
Commission on Civil Rights, and the tributing factor in the decline of Black
programs designed to bolster the farm
USDA itself have all told us that a pri- farmers over the last several decades.’’
economy. In both programs the major-
mary cause of that loss was long stand- The Commission’s report also notes the
ity of funds went to nonminority farm-
ing, pervasive discrimination by the ‘‘history of under-allocation of re-
ers.
USDA. sources to institutions that have
In his opinion in Pigford v. Glick- For example, the Environmental
served minority farmers.’’
man, Federal District Court Judge During the period between 1997 and Working Group reported that non-
Paul Friedman stated clearly that 2000, Black farmers, Native American minority farmers received nearly 97
USDA and their county commissioners farmers, and Latino/Latina farmers percent of the $9.2 billion provided by
discriminated against Black farmers filed lawsuits alleging USDA discrimi- the USDA’s Coronavirus Food Assist-
when they denied, delayed, or other- nated against them on the basis of race ance Program. Additionally, the Farm
wise frustrated the applications of in processing their farm program appli- Bill Law Enterprise reported that 99
those Black farmers for farm loans and cations and that USDA failed to inves- percent of market facilitation pay-
other credit and benefit programs and tigate their complaints of discrimina- ments went to nonminority farmers.
that USDA and the county commis- tion. But settlements resulting from Just last week the USDA stated
sioners bear much of the responsibility these lawsuits did not provide the re- ‘‘there is a lot more that needs to be
for the dramatic decline in Black farms lief necessary for these farmers of color done and accomplished at USDA to
and Black-owned farmland. to participate fully in the American make programming equitable and to
Judge Friedman wrote his decision in agricultural economy. root out decades of systemic discrimi-
1999, but the systemic discrimination On March 2, 2021, a group of full-time nation that disproportionately affects
by USDA against Black farmers and professors who work in agricultural, Black, Hispanic, Indigenous and other
other farmers of color by USDA was food law, and related subjects wrote in farmers of color.’’
well documented beginning many dec- a letter to Majority Leader SCHUMER Early this week Secretary of Agri-
ades earlier. and Minority Leader MCCONNELL that culture Tom Vilsack recognized the re-
A 1965 report by the U.S. Commission these court settlements were severely sidual harm that decades of discrimi-
on Civil Rights found that Federal, flawed because of the adversarial na- nation have caused to farmers of color
State, and local officials discriminated ture of the settlement process and be- when he stated: ‘‘Here’s the challenge:
against Black farmers in agricultural cause they attempted to define the We’re not only dealing with the spe-
programs and that this discrimination problem in terms of discrete incidents cific issues of discrimination, but we’re
actively contributed to the decline in of individualized discrimination with- dealing with the cumulative effect of
the Black ownership of farmland. out correcting the systemic problems that discrimination over a period of
In 1968, a follow-up report from the that led to that discrimination. These time.’’
U.S. Commission on Civil Rights found professors noted that while some farm- And what is the cumulative effect of
that Black farmers continued to face ers received a payment, many re- that discrimination over time? The cu-
discrimination when seeking farm mained indebted to the USDA, and the mulative effect of all the past systemic
loans and other forms of assistance. system itself remained broken. racism and discrimination is that
ctelli on DSK11ZRN23PROD with SENATE
In 1970, the U.S. Commission on Civil Mr. President, I would ask unani- Black farmers and other farmers of
Rights again found that discrimination mous consent to have this letter print- color were in a far more precarious fi-
continued in USDA program adminis- ed in the RECORD following my re- nancial situation before the COVID–19
tration. The 1970 report stated that marks. pandemic hit us, and so many of them
only 2 out of more than 4,100 USDA In 2001, we then have a report by the have simply not been able to weather
county committee members in the U.S. Commission on Civil Rights docu- the storm.
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S1266 CONGRESSIONAL RECORD — SENATE March 5, 2021
Approximately 13 percent of bor- MARCH 2, 2021. favored crops. Not only are the vast majority
rowers with FSA direct loans are cur- Re Support for Socially Disadvantaged of these large landowners white, the pro-
Farmers. gram-favored crops are not those most often
rently delinquent on their loans and produced by socially disadvantaged farmers.
could lose their farms to foreclosure. Hon. CHARLES SCHUMER,
Senate Majority Leader, These government payments distort credit,
But for Black farmers, 35 percent of U.S. Senate, Washington, DC. land, input costs, and markets by favoring
those with FSA direct loans are in de- Hon. MITCH MCCONNELL, white farmers to the disadvantage of others,
fault and could soon lose their farms. Senate Minority Leader most of whom are small or beginning farm-
U.S. Senate, Washington, DC. ers.
And it is not only Black farmers—ap- The cumulative effect of decades of un-
proximately 24 percent of the FSA di- Hon. NANCY PELOSI,
equal treatment by the USDA coupled with
House Majority Leader,
rect loans to Hispanic, Asian-Amer- farm programs that favor large landowners
House of Representatives, Washington, DC.
ican, and Indigenous farmers are cur- continues to negatively impact the economic
Hon. KEVIN MCCARTHY,
rently in default. What this means is condition of beginning farmers and small
House Minority Leader,
fanning operations, creating an extra burden
that we are facing yet another wave of House of Representatives, Washington, DC.
for socially disadvantaged farmers. Today,
foreclosures and potential land loss by DEAR LEADER SCHUMER, MINORITY LEADER
disadvantaged farmers generally have less
farmers of color. But the debt forgive- MCCONNELL, SPEAKER PELOSI, AND MINORITY
access to credit than white farmers, less ac-
LEADER MCCARTHY: We write in support of
ness and other assistance in the bill we cumulated wealth, and smaller farming oper-
efforts to level the playing field for socially ations.
are considering today can prevent this disadvantaged American farmers as set forth Congress and the USDA acknowledged this
and can begin to turn the page on this in §§ 1005 and 1006 of the House-passed Amer- racial discrimination and attempted to re-
shameful history of discrimination by ican Rescue Plan. If enacted, these sections solve it through the settlement of two land-
the Federal Government. will help to correct past injustices and cre- mark lawsuits—Pigford and Keepseagle. But
ate new opportunities to build the diverse, this approach was severely flawed. These set-
I want to close by giving you one spe- resilient food system that we all want and tlements attempted to define the problem in
cific example of the discrimination I need. terms of discreet incidents of individualized
have been talking about. American agriculture’s history began with discrimination without correcting the sys-
slavery and the forced removal of tribes from temic problems that led to that discrimina-
Eddie and Dorothy Wise were resi- their land. It continued with myriad abuses, tion. The adversarial nature of the settle-
dents of Whitakers, NC. A retired including Jim Crow laws, the prohibition of ment process served to further divide. While
Green Beret, Mr. Wise’s dream was to minority land ownership, property laws that some farmers received a payment, many re-
own a pig farm, and so in 1991, Mr. Wise facilitated Black land loss, and deceptive mained indebted to the government, and the
purchased land and started to raise practices to entice Hmong farmers to incur system itself remained broken. Providing
huge debts to build chicken houses. Each of debt relief to disadvantaged farmers, will
swine. But then came the discrimina-
these predatory practices were instituted or help to correct the longstanding past injus-
tory actions by USDA: failure to han- allowed by U.S. law. At every turn, govern- tice, wiping the slate clean for USDA to
dle his loan applications in a timely ment policies have either intentionally or start over. Reforming the system will pro-
manner, denial of loan applications, inadvertently served to advantage white vide the necessary financial and educational
change of interest rates and escalation farmers, creating the category of farmers infrastructure to finally give these farmers
of monthly notes, and other misdeeds. recognized by Congress and the USDA for an opportunity to compete on an even play-
decades as ‘‘socially disadvantaged.’’ ing field.
In 1997, a loan for improvements to Cultural traditions in farming in America, We depend on our food system, and farming
the property was approved, but the re- long romanticized in disregard of their dis- is at the heart of that system. Natural disas-
ceipt of the funds was delayed for 7 criminatory consequences, have further con- ters and the COVID pandemic have revealed
months, and his 400 pigs froze to death, tributed to inequities. Farming is built on significant systemic problems, and climate
relationships: handshake contracts, neigh- change has and will produce additional chal-
destroying his operation. Later, he dis- bors helping neighbors, conversations at the lenges. We need strong regional food systems
covered that his original plan had been local coffee shop. These relationships work to build the resilience that is necessary for
approved at the State level but that his well if you are a member of the group; if you our very survival. We need diversity re-
loan officer never told him. are not, they serve as a persistent barrier to flected in that network. We bemoan the
success. According to the 2017 Census of Ag- aging of our nation’s farmers and the high
In the early morning hours of Janu- riculture, of the 3.4 million farmers in the barriers to entry for beginning and would-be
ary 20, 2016, at least 14 Federal mar- United States, 3.2 million, 95.4% are white. beginning farmers. The vast majority of
shals descended with guns drawn on Only approximately 1.7% are American In- American farmers are white men over the
Eddie’s farm and forcibly escorted him dian or Alaskan Native; 1.3% are Black; and age of 50. We need to open farming to its full
and his wife, who was still in bed and .6% are Asian. For most of these farmers, potential by offering new opportunities for
their farms are smaller, their sales are diverse farmers, thus benefiting from their
suffering from a debilitating medical
smaller, and each year they fall further be- help in creating a resilient regional food sys-
condition, out of their home and off hind. tem that is always able to meet our food se-
their property. Forcibly evicted from The USDA should have served as the equal- curity needs.
their home and their land and forced to izer, supporting all farmers and assisting We are all full-time professors who work in
live in a cheap motel, Dorothy Wise those in need. But most often it has not. It agricultural, food law, and related subjects.
died shortly thereafter. The 106-acre has instead reflected and perpetuated insti- The opinions expressed in this letter are our
tutional racism since its inception. The own personal views and do not represent the
farm was sold to an adjacent White problems experienced by the farmers it has position or policies of the Universities with
farmer for the miniscule price of disadvantaged have been repeatedly docu- which we are affiliated.
$260,000, and Eddie Wise had lost the mented in government reports and investiga- Sincerely,
one thing that he had always wanted— tions and in writings by scholars, journal- Susan A. Schneider, William H. Enfield
to own a pig farm. ists, and others. While some tell of the dec- Professor of Law, Director, LL.M. Pro-
ades-long pattern of discrimination, recent gram in Agricultural & Food Law, Uni-
This story is just one example of the reports, including a GAO Report released versity of Arkansas School of Law; Ni-
discrimination that literally destroyed just last week, confirm that the barriers still cole Civita, Sustainable Food Systems
the lives of hundreds of thousands of exist today, expressly affirming that socially Specialization Lead, Graduate Faculty,
Black farmers and their families over disadvantaged farmers still have less access Masters of the Environment Program,
to credit than other agricultural businesses. University of Colorado; Josh Galperin,
the last century.
Fair Lending, Access and Retirement Secu- Visiting Associate Professor of Law,
Today we have the opportunity to rity, Government Accountability Office University of Pittsburgh School of
take a step towards justice for those (2021) (finding racial and income disparities Law; Neil D. Hamilton, Emeritus Pro-
families. in access to financial services, availability of fessor of Law, Drake University Law
credit, and the ability to accumulate School; Christopher R. Kelley, Asso-
ctelli on DSK11ZRN23PROD with SENATE
I urge all of my colleagues to support wealth). ciate Professor of Law, University of
sections 1005 and 1006 of the bill before Congressionally enacted farm programs Arkansas School of Law; Stacy Leeds,
the Senate today. have perpetuated and exacerbated the prob- Foundation Professor of Law and Lead-
lem by distorting the farm economy. Federal ership, Sandra Day O’Connor College of
There being no objection, the mate- farm programs reward the largest farms the Law, Arizona State University; Emily
rial was ordered to be printed in the most, providing staggering sums of money to M. Broad Leib, Clinical Professor of
RECORD, as follows: large landowners who produce the program- Law, Director, Food Law and Policy
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1267
Clinic, Harvard Law School; Thomas support and encourage small farms; noting it end in a tiebreaker? For the same
W. Mitchell, Professor of Law, Co-Di- that ‘‘Black, Hispanic Native American, reason the House passed their version
rector, Program in Real Estate and Asian, women, and other minorities have of the bill we are considering today in
Community Development Law, Texas contributed immensely to our Nation’s food
production and their contributions should be
the dead of night. No amount of good
A&M University School of Law;
Michelle B. Nowlin, Clinical Professor recognized and rewarded.’’); PR could ever make the American peo-
of Law, Co-Director, Environmental USDA: Problems in Processing Discrimina- ple forget that this little exercise the
Law and Policy Clinic, Duke Univer- tion Complaints, U.S. Govt Accountability Democrats are leading us through has
sity School of Law; Michael T. Roberts, Office (2000) (reporting on the continuation almost nothing to do with providing
Executive Director, Resnick Center for of ‘‘longstanding problems’’ in the USDA’s emergency COVID relief.
Food Law and Policy, Professor from discrimination complaint process); Nine percent. That is how much of
Practice, University of California, Los Racial and Ethnic Tensions in American
Communities: Poverty, Inequality, and Dis- this package Democrats want to dedi-
Angeles; Anthony B. Schutz, Associate cate to a national vaccination pro-
Professor of Law, Associate Dean for crimination, Vol. VII: The Mississippi Delta
Faculty, Director, Rural Law Opportu- Report, U.S. Commission on Civil Rights gram, expanded testing, and public
nities Program, University of Nebraska (2001) (finding evidence that Black farmers health jobs. They slapped a ‘‘COVID
College of Law; Jessica A. Shoemaker, have unequal access to technical support and RELIEF’’ label on one of the largest
Professor of Law, University of Ne- financial assistance, with a wait that is four transfers of wealth ever proposed in the
braska College of Law; Jennifer times longer than white farmers to receive history of the U.S. Congress and tried
Zwagerman, Assistant Professor of farm loans);
USDA: Recommendations and Options to to sneak it through reconciliation be-
Law, Director of the Agricultural Law fore anyone caught on.
Center, Drake University Law School. Address Management Deficiencies in the Of-
fice of the Assistant Secretary for Civil This bill is so far over the line that
ATTACHMENT Rights, Government Accountability Office my friends across the aisle have spent
EXAMPLES OF GOVERNMENT AND RELATED (2008) (reporting that the USDA’s ‘‘difficul- the past week fighting over the very
REPORTS DOCUMENTING USDA DISCRIMINATION ties in resolving discrimination complaints provisions House Democrats and the
Equal Opportunity in Farm Programs, An persist,’’ that its data on minority farmer White House used to pitch it. The bill
Appraisal of Services Rendered by Agencies participation is ‘‘unreliable,’’ and that its is fatally flawed, right down to the for-
of the USDA, U.S. Commission on Civil ‘‘strategic planning does not address key
mula it employs to allocate State fund-
Rights (1965) (finding discrimination in the steps needed to ensure USDA provides fair
administration of federal farm programs, and equitable services’’); ing. The previous, bipartisan relief
contributing to the decline in Black owner- Agricultural Lending: Information on packages used population to determine
ship of farmland); Credit and Outreach to Socially Disadvan- this. It very straightforward. But this
Civil Rights Under Federal Programs: An taged Farmers and Ranchers is Limited, time, Democrats ran the numbers and
Analysis of Title IV of the Civil Rights Act Government Accountability Office (2019) (ad- decided they could benefit by making
of 1964, U.S. Commission on Civil Rights dressing USDA survey data that shows that unemployment rate the deciding fac-
(1968) (finding discrimination in the adminis- ‘‘socially disadvantaged farmers’’ receive a
tor. And, wouldn’t you know it, this
tration of federal farm programs and in the disproportionately small share of farm loans
and noting lack of reliable data on program new system disproportionately benefits
information services provided by Agricul-
tural Extension); services to this community; acknowledging poorly mannaged blue States at the ex-
Federal Civil Rights Enforcement Effort, concerns of ongoing discrimination); pense of well-managed red ones. New
U.S. Commission on Civil Rights (1970) (find- Indian Issues: Agricultural Credit Needs Jersey, New York, and California,
ing discrimination in the administration of and Barriers to Lending on Tribal Lands, whose destructive shutdowns led to
federal farm programs); Government Accountability Office (2019) (re- high unemployment rates, will walk
The Decline of Black Farming in America, porting on the structural barriers to lending away with a combined gain of almost
U.S. Commission on Civil Rights (1982) (docu- to tribal members, including the difficulty in
using tribal land as security, long delays in
$9 billion. Tennessee, on the other
menting discrimination complaints at USDA
field offices, the lack of institutional support federal paperwork, lender hesitancy, lack of hand, is still one of the best fiscally
provided to Black farmers, and legal struc- credit history); managed States in the country. We will
tures geared to benefit large farming oper- Fair Lending, Access and Retirement Secu- lose $164 million for doing the right
ations); rity, Government Accountability Office thing. Alabama will lose almost $900
Hearing on the Decline of Minority Farm- (2021) (finding racial and income disparities million. Both Florida and Georgia will
ing in the United States, Committee on Gov- in access to financial services, availability of lose over $l.2 billion each.
ernment Operations, U.S. House of Rep- credit, and the ability to accumulate wealth; If this body mandates a transfer of
resentatives (1990) (documenting evidence of specifically finding that ‘‘women and minor-
ity farmers and ranchers, including tribal
wealth based solely on Democrats’ de-
discrimination in USDA programs);
Minorities and Women on Farm Commit- members, had less access to credit than sire to clean up their prepandemic mis-
tees, Govt Accountability Office (1995) (re- other agricultural businesses’’). takes, we will scare off investment and
porting on the lack of representation of mi- Mrs. BLACKBURN. Mr. President, to hamper innovation in every State long
nority farmers within the USDA committee most people back home in Tennessee, after we are able to fully reopen. This
system); ‘‘business as usual’’ here in Washington isn’t a hypothetical—leaders on the
D.J. Miller Disparity Study: Producer Par- means a combination of partisan bick- State level know what is coming. Last
ticipation and EEO Complaint Process ering and reckless spending, usually week, 22 Governors, including Ten-
Study), D.J. Miller & Associates report pre-
after someone up high decides not to nessee Governor Bill Lee, released a
pared for the USDA Farm Services Agency
(1996) (finding inequities throughout the fed- let a crisis go to waste. They are used joint statement pointing out the fool-
eral farm programs, with minority farmers to watching this all play out on TV, ish premise driving the new formula. I
not receiving an equitable share of farm pay- then looking at the receipt and seeing would like to associate myself with
ments and loans and serious problems with a billion dollars’ worth of earmarks what they said: ‘‘A state’s ability to
the USDA EEO Complaint Process); and pork barrel spending they didn’t keep businesses open and people em-
Report for the Secretary on Civil Rights order. ployed should not be a penalizing fac-
Issues, USDA’s Inspector General (1997) (re- Right now, Democrats are doing tor when distributing funds.’’
porting that a ‘‘staffing problems, obsolete If this happens, small towns and
their best to spin the scandal their
procedures, and little direction from man-
agement have resulted in a climate of dis- absurb $1.9 trillion bailout bill has mom-and-pop shops will suffer. Those
order’’); caused as ‘‘business as usual’’ but Ten- budding tech hubs you hear so much
Civil Rights at the United States Depart- nesseans aren’t stupid. They know the about will suffer. The unemployed peo-
ment of Agriculture—A Report by the Civil spin is a lie because over the past year ple my colleagues on the left are using
Rights Action Team, Report of the USDA they have seen what ‘‘business as as leverage against their political ri-
Civil Rights Action Team (1997) (docu- usual’’ looks like when it comes to vals will suffer.
menting widespread discrimination through- passing COVID relief funding. So I would ask my colleagues wheth-
ctelli on DSK11ZRN23PROD with SENATE
out the USDA network of offices); Since last March, the Senate has er fulfilling campaign promises is
A Time to Act: A Report of the USDA Na-
passed five separate relief laws with worth what it will cost the families
tional Commission on Small Farms, USDA
Nat’l Commission on Small Farms (1998) (re- overwhelming bipartisan support, 96–1, and small business owners stuck hold-
porting on the ‘‘structural bias toward great- 90–8, 96–0, 100–0, and 92–6. ing the bill. And to the Democratic
er concentration of assets and wealth’’ and But what happened with last month’s Senators representing States losing
on the importance of developing policies to vote on the budget resolution? Why did out, I would say that we will be happy
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S1268 CORRECTION CONGRESSIONAL RECORD — SENATE March 5, 2021
to remind your constituents that you (Applause, Senators rising. Adam Carasso, Ryan Carey, Ursula Clausing,
voted to send their tax dollars to New This bill includes important support Drew Crouch, Anne Dwyer, Michael Evans,
York and California and Illinois and for state and local governments, allow- Jonathan Goldman.
Rachael Kauss, Virginia Lenahan, Kristen
other States that intentionally ing them to not only provide services
Lunde, Marisa Morin, Ian Nicholson, Sarah
dragged their economies off a cliff. that are needed to fight the pandemic Schaefer, Joshua Sheinkman, Tiffany Smith,
The PRESIDENT pro tempore. The and support the economy, but also en- Lavanya Sridharan, Kelly Szafara, Beth
majority leader. suring that teachers and first respond- Vrabel, Jayme White.
Mr. SCHUMER. Mr. President, it has ers don’t need to be laid off and serv- FOREIGN RELATIONS COMMITTEE
been a long day, a long night, a long ices don’t need to be cut. Ruchi Gil, Andrew Keller, Jessica Lewis.
year, but a new day has come, and we We also know that this crisis is going HEALTH, EDUCATION, LABOR, AND PENSIONS
tell the American people: Help is on to have lasting consequences for State COMMITTEE
the way. and local budgets, that many of the im-
When Democrats assumed the major- Evan Schatz, John Righter, Kendra
pacts won’t just be felt this year, but Isaacson, Yeongsik Kim, Tiffany Haas, Nick
ity in this Chamber, we promised to going forward given how disruptive the Bath, Colin Goldfinch, Laurel Sakai, Katlin
pass legislation to rescue our people last year was. McKelvie Backfield, Garrett Devenney, Es-
from the depths of the pandemic and So in designing this funding, we split ther Yoon, Kara Marchione.
bring our economy and our country the money for localities into two Amanda Beaumont, Bryce McKibben, Leila
roaring back. In a few moments, we are tranches, half to be delivered this year Schochet, Manuel Contreras, Jennifer
going to deliver on that promise. Stiddard, Helen Hare, Madeleine Russak,
and half next year. For States, the
This bill will deliver more help to Ryan Myers, Anali Alegria, Carly Rush, Eliz-
money is delivered up front, with the abeth Letter, Michael Huggins.
more people than anything the Federal Secretary given the discretion to cali-
Government has done in decades. It is Michelle Sánchez, Vanessa Lobo, Monica
brate timing of payments for some Vela, Daniel Elchert, Nimit Jindal, Kimi
broader, deeper, and more comprehen- States based on their unemployment Chemoby, Sarah Mueller Rob Jones, Andi
sive in helping working families and rate. For States with lower unemploy- Fristedt, Kimberly Knackstedt, Nikki
lifting people out of poverty than any- McKinney, Joseph Shantz.
ment rates, the bill creates a structure
thing Congress has seen or accom-
for Treasury to work with States to HOMELAND SECURITY AND GOVERNMENT
plished in a very long time. AFFAIRS COMMITTEE
The pandemic has affected nearly spread the funding out over the course
of this recovery. Michelle Benecke, Lena Chang, Chris
every aspect of American life. So this Mulkins, Annika Christensen, Yelena
That will allow States and localities
bill spans the gamut and provides sup- Tsilker, Marie Talarico, Chelsea Davis, Katie
to get the money that they need, but
port to every part of our country. For Conley, Corban Ryan, Jeff Rothblum, David
Americans who doubted that the gov- over a timeline that will best support Weinberg.
ernment can help them in this time of the economy as it recovers.
INDIAN AFFAIRS COMMITTEE
Additionally, below are names of the
crisis, you will be getting direct Kim Moxley, Manu Tupper, Jennifer Ro-
staff who worked tirelessly towards the
checks. Your schools will receive as- mero.
sistance to reopen quickly and safely; passage of this bill. I want to thank
SMALL BUSINESS COMMITTEE
your local businesses will get another them for their service, and I ask unani-
mous consent that their names be Therese Meers, Jacob Press, Ron Storhaug,
lifeline; and the day when you receive Kevin Wheeler, Justin Pelletier, Kylie Pat-
the vaccine will be a lot sooner. printed in the RECORD.
terson, Natalie George, Fabion Seaton,
The American Rescue Plan will go There being no objection, the mate- DeMarcus Walker, Sean Moore.
down as one of the most sweeping Fed- rial was ordered to be printed in the
VETERANS AFFAIRS COMMITTEE
eral recovery efforts in history. It is RECORD, as follows:
Dahlia Melendrez, Shauna Rust, Tony
never easy to pass legislation as mo- AGRICULTURE, NUTRITION, AND FORESTRY
McClain.
COMMITTEE
mentous as this, but it will all and DPCC
soon be worth it. Joe Shultz, Mary Beth Shultz, Jacqlyn
Schneider, Kyle Varner, Katie Naessens, Matt Williams, Christian Graf, Eliza
Now, I know that on Saturday morn- Duckworth, Amy Brown, Gabby Borg, Rob
Claire Borzner, Susan Keith, Adam Tarr,
ing the American people aren’t watch- Curis.
Julia Rossman, Khadija Jahfiya.
ing our proceedings here. They are LEADER SCHUMER STAFF
APPROPRIATIONS COMMITTEE
probably out walking the dog or sitting Abdelhaq, Yazeed, Achibar, Kathleen,
down at breakfast with the kids. But I Charles Kieffer, Chanda Betourney, Dianne
Nellor, Jean Toal Eisen, Doug Clapp, Ellen Aleman, Jasmin, Armwood, Garrett, Babin,
want them to know help is on the way; Murray, Scott Nance, Melissa Zimmerman, Reggie. Banez, Robert, Barjon, Didier, Bar-
that their government is going to give Alex Keenan, Meghan Mott, Michelle ton, Steve, Battle, Sharon, Benavides, Jack-
one final push to get us over the finish Dominguez, Tim Rieser, Dabney Hegg, Jenny ie Biasotti, Allison, Bluitt, Tinae, Bodian,
line. Winkler. Lane Bowman, Quinn, Brennan, Martin,
I want the American people to know Burns, Caroline, Byrne, Sean, Cardinal, Jon,
BANKING, HOUSING, AND URBAN DEVELOPMENT
that we are going to get through this, Cardona, Selena, Carranza, Ramon.
COMMITTEE
and someday soon our businesses will Chang Prepis, Joyce, Charlery, Kristen,
Beth Cooper, Homer Carlisle, Megan Che- Cole, Emily, Contes, Helena, Cook, Andrew,
reopen; our economy will reopen; and ney, Phil Rudd, Elisha Tuku, Jeremy Cooke, Dave. Coutavas, Sophie, Daly, Annie,
life will reopen. We will end this ter- Hekhuis, Colin McGinnis, Drew Martineau, Dayal, Tushar, Deveny, Adrian, Dickson,
rible plague, and we will travel again Ben Lockshin, Laura Swanson. Jeff, Dirienzo, Lindsay, Donovan, Patrick,
and send our kids to school again and COMMERCE, SCIENCE, AND TRANSPORTATION Eagan, Ryan, Ellsworth, Charlie, Emanuel,
be together again. COMMITTEE Marissa, Engle, Tricia, Fado, Kelly Flood,
Our job right now is to help our coun- David Strickland, Melissa Porter, Ronce Sam.
try get from this stormy present to Almond, Mary Guenther, Gabrielle Slais, Fuentes, Matt, Geertsma, Joel, Glander,
that hopeful future, and it starts with John Branscome, Shawn Bone, Brian Megan, Goodman, Justin, Gray-Hoehn,
voting aye on the legislation before us. McDermott, Betsy McIntyre, Kara Fischer, Hayley, Gutmaker, Joshua, Haberl, Gunnar,
Michael Davisson, Alex Hall, Nikky Harris, Jasmine, Hawley, Marisa, Hickman,
Vote yes on the American Rescue Plan. Rob, Housley, Jon, Huus, Amber, Iannelli,
Teutschel, Matthew Bobbink, Jimmy
Vote yes. Bromley, Eric Vryheid, Elle Wibisono, Jared Mike. Ileka, Steven, Jackson, Rachel, Ja-
And before I yield the floor, one final
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
Bomberg, John Beezer, Noam Kantor, Jordan maica, Jessica, Jean, Mike, Kazibwe, Rod-
note. Let us all express our deepest Blue, Lucy Koch, Hunter Blackburn. ney, Kiandoli, Cietta, Kuiken, Mike.
gratitude to all of my colleagues who ENVIRONMENT AND PUBLIC WORKS COMMITTEE Lee, Monica, Lopez, Julietta, Lynch, Mike,
went through a long, long period in the Magaletta, Grace, Mann, Steve, Mannering,
Mary Frances Repko, Greg Dotson, Ken-
last day; to the staffs of the commit- Amy Marcojohn, Anneliese, Martin, Ryan
neth Martin, Laura Gillam, Elizabeth Mabry,
tees and the personnel in Senate offices Mehta, Hemen, Meyer, Ken, Molofsky, Josh
Rebecca Higgins, John Kane, Caroline Jones,
Moore, Catey Moreno-Silva, Michelle, Mor-
who have worked so hard to put this Layla Brooks, Rachel Levitan, Jake Abbott,
gan, Rachel, Murphy Vlasto, Megan, Myrick
legislation together, and especially let Gil Connolly.
Gary, Najafi, Leela, Nam, Alice, Nehme, Joe,
us thank the great floor staff: the FINANCE COMMITTEE Nguyen, Alex, Nicholson, Jordan.
clerks, the cafeteria workers, the cus- Isaiah Akin, Robert Andres, Christopher Nunez, Diana, Odgren, Andrew, Olvera,
todial staff, and the Capitol Police. Arneson, Shawn Bishop, Sarah Bittleman, Lorenzo, Orlove, Suzan, Ortega, Sol,
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1269
Osmolski, Rebecca, Oursler, Nate, Paone, be our comeback year—because of the EXECUTIVE SESSION
Stephanie, Patel, Vandan, Patterson, Liza, American people’s resilience and the f
Patterson, Mark, Petrella, Gerry, Pina, bipartisan foundation that we laid last
Oriana, Reese, William, Revelle, Justine, Ri- EXECUTIVE CALENDAR
year.
vera, Tony, Robinson, Alexandra, Rodarte, Mr. SCHUMER. Mr. President, I
Sam, Rodman, Scott, Rodriguez, Crisitian. We could have worked together to
Roefaro, Angelo, Rosenblum, Zac, Ryder, speed up victory, but our Democratic move to proceed to executive session to
Tim, Seijas, Nelson, Shah, Raisa, Sharbaugh, colleagues made a decision. Their top consider Calendar No. 12.
Tyson, Sinpatanasakul, Leeann Skapnit, priority wasn’t pandemic relief. It was The PRESIDING OFFICER. The
Amanda, Sledge, Alexa, Smith, Hannah, their Washington wish list. question is on agreeing to the motion.
Sonnier-Thompson, Bre, Spellicy, Amanda, So, Mr. President, colleagues, I The motion was agreed to.
Sundaramoorthy, Dili, Sweda, Emily, Talley,
strongly recommend a ‘‘no’’ vote. Mr. SCHUMER. Mr. President, I sug-
Hanna, Taira, Meghan, Tam, Catalina, Tay- gest the absence of a quorum.
lor, Anna, Taylor, Terri, Tepke, Paige, Tim- The PRESIDENT pro tempore. The
The PRESIDING OFFICER. The
othy, Kimarah. bill having been read the third time,
clerk will call the roll.
Tinsley, Dan, Vaughn, Erin, Sager, Velez, the question is, Shall the bill pass?
Cyre, Virgona, Nicole, Vogel, Kai, Vorperian-
The senior assistant legislative clerk
Mr. SCHUMER. Mr. President, I ask
Grillo, Karine, Watt, Brad, Watters, proceeded to call the roll.
for the yeas and nays. Mr. SCHUMER. Mr. President, I ask
Veronica, Weir, Emma, Yoken, Dan,
The PRESIDENT pro tempore. Is unanimous consent that the order for
Younkin, Nora, Zeltmann, Chris,
Zomorrodian, Reza. there a sufficient second? the quorum call be rescinded.
SENATOR DURBIN’S OFFICE
There is a sufficient second. The PRESIDING OFFICER. Without
The clerk will call the roll. objection, it is so ordered.
Maalik Simmons, Miriam Wheatley, Corey
Tellez, Jasmine Hunt, Joe Bushong, Emily The senior assistant legislative clerk The PRESIDING OFFICER. The
Hampsten called the roll. clerk will report the nomination.
CLOAKROOM STAFF Mr. THUNE. The following Senator is The senior assistant legislative clerk
Gary Myrick, Tricia Engle, Dan Tinsley, necessarily absent: the Senator from read the nomination of Marcia Louise
Brad Watt, Stephanie Paone, Nate Oursler, Alaska (Mr. SULLIVAN). Fudge, of Ohio, to be Secretary of
Rachel Jackson, Liza Patterson. Further, if present and voting, the Housing and Urban Development.
CHAMBER ASSISTANTS Senator from Alaska (Mr. SULLIVAN) CLOTURE MOTION
Lauren Cavagnano, Drew Erickson, Vir- would have voted ‘‘nay.’’ Mr. SCHUMER. I send a cloture mo-
ginia Brown, Brennan Leach, Layne Dono- The PRESIDENT pro tempore. Are tion to the desk.
van, Juliana Surprenant. there any Senators in the Chamber The PRESIDING OFFICER. The clo-
Mr. SCHUMER. Many of them have wishing to change their vote? ture motion having been presented
worked for as many as 36 hours The result was announced—yeas 50, under rule XXII, the Chair directs the
straight. My notes here say: ‘‘Let’s nays 49, as follows: clerk to read the motion.
give them a round of applause.’’ [Rollcall Vote No. 110 Leg.] The senior assistant legislative clerk
And, of course, one more thank-you read as follows:
YEAS—50
to my great and wonderful staff. I will CLOTURE MOTION
Baldwin Hickenlooper Reed
thank all of them by name at a later Bennet Hirono Rosen We, the undersigned Senators, in accord-
date because I want them to be awake Blumenthal Kaine Sanders ance with the provisions of rule XXII of the
and alert when I do. Booker Kelly Schatz Standing Rules of the Senate, do hereby
I yield the floor. Brown King Schumer move to bring to a close debate on the nomi-
Cantwell Klobuchar Shaheen
The PRESIDENT pro tempore. The Cardin Leahy
nation of Executive Calendar No. 12, Marcia
Sinema Louise Fudge, of Ohio, to be Secretary of
Republican leader. Carper Luján Smith
Mr. MCCONNELL. The Senate has Casey Manchin Housing and Urban Development.
Stabenow
Coons Markey Charles E. Schumer, Sherrod Brown,
never spent $2 trillion in a more hap- Cortez Masto Menendez
Tester
Richard Blumenthal, Christopher A.
hazard way or through a less rigorous Duckworth Van Hollen
Merkley Coons, Patty Murray, Chris Van Hol-
Warner
process. Durbin Murphy
Warnock len, Sheldon Whitehouse, Jeff Merkley,
Voters gave Senate Democrats the Feinstein Murray
Gillibrand Ossoff Warren Brian Schatz, Cory A. Booker, Amy
slimmest possible majority. Voters Hassan Padilla Whitehouse Klobuchar, Benjamin L. Cardin, Angus
picked a President who promised unity Heinrich Peters Wyden S. King, Jr., Kirsten E. Gillibrand, Tim
and bipartisanship. Kaine, Tammy Baldwin.
NAYS—49
Democrats’ response is to ram f
Barrasso Graham Portman
through what they call ‘‘the most pro- Blackburn Grassley Risch LEGISLATIVE SESSION
gressive domestic legislation in a gen- Blunt Hagerty Romney
eration’’ on a razor-thin majority in Boozman Hawley Rounds
Mr. SCHUMER. Mr. President, I
both Houses. Braun Hoeven Rubio move to proceed to legislative session.
Burr Hyde-Smith Sasse The PRESIDING OFFICER. The
The right path was obvious. We fol- Capito Inhofe
lowed it five times last year—five res- Cassidy Johnson
Scott (FL) question is on agreeing to the motion.
Scott (SC) The motion was agreed to.
cue packages totaling $4 trillion, and Collins Kennedy
Shelby
none of them got fewer than 90 votes.
Cornyn Lankford
Thune f
Cotton Lee
The Senate wrote the CARES Act, Tillis
Cramer Lummis EXECUTIVE SESSION
Crapo Marshall Toomey
Republicans and Democrats, shoulder Tuberville f
Cruz McConnell
to shoulder. That was the road to real Daines Moran Wicker
pandemic relief, but Democrats actu- Young
EXECUTIVE CALENDAR
Ernst Murkowski
ally wanted something else. They ex- Fischer Paul Mr. SCHUMER. Mr. President, I
plained their intent very clearly: to ex- NOT VOTING—1
move to proceed to executive session to
ploit this crisis as ‘‘a tremendous op- consider Calendar No. 27.
Sullivan
portunity to restructure things to fit The PRESIDING OFFICER. The
our vision.’’ The bill (H.R. 1319), as amended, was question is on agreeing to the motion.
That is how you get this massive bill passed. The motion was agreed to.
with only 1 percent—1 percent for vac- (Applause.) The clerk will report the nomination.
cinations, that ignores the science on Mr. SCHUMER. I just want to thank The senior assistant legislative clerk
ctelli on DSK11ZRN23PROD with SENATE
reopening schools, that is stuffed with everybody. We are a great team. We are read the nomination of Merrick Brian
non-COVID-related spending that even a great team. Garland, of Maryland, to be Attorney
top liberal economists say is wrong for Ms. DUCKWORTH. Thank you, Geor- General.
the recovery. gia. CLOTURE MOTION
Democrats inherited a tide that is al- The PRESIDING OFFICER (Mr. Mr. SCHUMER. Mr. President, I send
ready turning—2021 was already set to HICKENLOOPER). The majority leader. a cloture motion to the desk.
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