Morning Business (Cong. Rec., March 5, 2021)
Summary
Under the heading Morning Business in the Congressional Record, Senate, March 5, 2021, Mr. Schumer moves to proceed to legislative session, to proceed to Calendar No. 1, S. 11, on an exception to the limitation against appointment of persons as Secretary of Defense, and to executive session to consider Calendar No. 15, the nomination of Michael Stanley Regan to be Administrator of the Environmental Protection Agency. Mr. Schumer sends a cloture motion on the nomination of Merrick Brian Garland to be Attorney General. Mr. Wyden explains Section 605 of the American Rescue Plan, which reserves $750,000,000 for each of fiscal years 2022 and 2023 for eligible revenue sharing counties.
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“Morning Business (Cong. Rec., March 5, 2021).”
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S1270 CONGRESSIONAL RECORD — SENATE March 5, 2021
The PRESIDING OFFICER. The clo- Kirsten E. Gillibrand, Tim Kaine, tant step in providing financial assist-
ture motion having been presented Tammy Baldwin, Martin Heinrich, ance to multiemployer pension plans,
under rule XXII, the Chair directs the Maria Cantwell. particularly those plans that have al-
clerk to read the motion. f ready had to suspend benefits in order
The senior assistant legislative clerk LEGISLATIVE SESSION to save the plans from going insolvent.
read as follows: That has been a very painful step for
Mr. SCHUMER. Mr. President, I
CLOTURE MOTION move to proceed to legislative session. some plans in New York because it re-
We, the undersigned Senators, in accord- The PRESIDING OFFICER. The sulted in retiree benefit cuts of as
ance with the provisions of rule XXII of the question is on agreeing to the motion. much as 60 percent.
Standing Rules of the Senate, do hereby The motion was agreed to. This legislation will allow those
move to bring to a close debate on the nomi-
f
plans to restore painful cuts and ensure
nation of Executive Calendar No. 27, Merrick others on the brink do not have to take
Brian Garland, of Maryland, to be Attorney PROVIDING FOR AN EXCEPTION TO similar steps.
General. A LIMITATION AGAINST AP- I will be watching how the adminis-
Charles E. Schumer, Richard J. Durbin, POINTMENT OF PERSONS AS
Richard Blumenthal, Christopher A.
tration implements this new program
SECRETARY OF DEFENSE WITH- very closely to ensure plans receiving
Coons, Patty Murray, Chris Van Hol-
len, Sheldon Whitehouse, Jeff Merkley, IN SEVEN YEARS OF RELIEF financial assistance under the new pro-
Brian Schatz, Cory A. Booker, Debbie FROM ACTIVE DUTY AS A REG- gram are not placed in a worse long-
Stabenow, Amy Klobuchar, Jon Ossoff, ULAR COMMISSIONED OFFICER term funding position than they are
Alex Padilla, Benjamin L. Cardin, OF THE ARMED FORCES—MOTION today or are projected to be into the
Sherrod Brown, Angus S. King, Jr., TO PROCEED future. This new program is intended
Tim Kaine. to be a long-term solution for these ail-
Mr. SCHUMER. Mr. President, I
f move to proceed to Calendar No. 1, S. ing plans, a solution that protects re-
11. tiree benefits as well as the health of
LEGISLATIVE SESSION
The PRESIDING OFFICER. The the plans themselves.
Mr. SCHUMER. Mr. President, I clerk will report the motion. Mr. WYDEN. Madam President, Sec-
move to proceed to legislative session. The senior assistant legislative clerk tion 605 of the State and Local section
The PRESIDING OFFICER. The read as follows: of the American Rescue Plan requires
question is on agreeing to the motion. Motion to proceed to Calendar No. 1, S. 11, further explanation on its intent.
The motion was agreed to. a bill to provide for an exception to a limita- Below is the salient language of Sec-
Mr. SCHUMER. Mr. President, I ask tion against appointment of persons as Sec- tion 605, Local Assistance and Tribal
unanimous consent that the manda- retary of Defense within seven years of relief
from active duty as a regular commissioned Consistency Fund:
tory quorum calls with respect to these officer of the Armed Forces. ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
motions be waived. ‘‘(1) Payments to eligible revenue sharing
Mr. SCHUMER. I suggest the absence
The PRESIDING OFFICER. Without counties.—For each of fiscal years 2022 and
of a quorum. 2023, the Secretary shall reserve $750,000,000
objection, it is so ordered. The clerk will call the roll. of the total amount appropriated under sub-
f The senior assistant legislative clerk section (a) to allocate and pay to each eligi-
proceeded to call the roll. ble revenue sharing county in amounts that
EXECUTIVE SESSION Mr. SCHUMER. Mr. President, I ask are determined by the Secretary taking into
f unanimous consent that the order for account economic conditions of each eligible
the quorum call be rescinded. revenue sharing county, using measurements
EXECUTIVE CALENDAR The PRESIDING OFFICER. Without of poverty rates, household income, land val-
Mr. SCHUMER. Mr. President, I objection, it is so ordered. ues, and unemployment rates as well as
move to proceed to executive session to f other economic indicators, over the 20-year
consider Calendar No. 15. period ending with September 30, 2021.
The PRESIDING OFFICER. The ORDER OF PROCEDURE ‘‘(l) ELIGIBLE REVENUE SHARING COUNTY.—
Mr. SCHUMER. Mr. President, I ask The term ‘eligible revenue sharing county’
question is on agreeing to the motion. means—
The motion was agreed to. unanimous consent that on Tuesday, ‘‘(A) a county, parish, or borough—
The clerk will report the nomination. March 9, at 5:30 p.m., cloture ripen on, ‘‘(i) that is independent of any other unit
The senior assistant legislative clerk one, Executive Calendar No. 12, MARCIA of local government; and
read the nomination of Michael Stan- FUDGE, to be Secretary of Housing and ‘‘(ii) that, as determined by the Secretary,
ley Regan, of North Carolina, to be Ad- Urban Development, and Executive is the principal provider of government serv-
Calendar No. 27, Merrick Garland, to be ices for the area within its jurisdiction; and
ministrator of the Environmental Pro-
Attorney General; that the Senate pro- ‘‘(iii) for which, as determined by the Sec-
tection Agency. retary, there is a negative revenue impact
CLOTURE MOTION
ceed to vote on cloture on the Fudge
due to implementation of a Federal program
nomination; that if cloture is invoked, or changes to such program; and
Mr. SCHUMER. I send a cloture mo-
postcloture time expire on Wednesday, ‘‘(B) the District of Columbia, the Com-
tion to the desk.
March 10, at 12 noon; further, that not- monwealth of Puerto Rico, Guam, and the
The PRESIDING OFFICER. The clo- withstanding rule XXII, following the United States Virgin Islands. . . . ‘‘
ture motion having been presented cloture vote on the Fudge nomination,
under rule XXII, the Chair directs the Folks may wonder: ‘‘What are the
the Senate vote on cloture on the Gar- revenue sharing counties?’’; ‘‘Why
clerk to read the motion. land nomination; that if cloture is in-
The senior assistant legislative clerk Treasury?’’; and ‘‘How is my new pro-
voked on the Garland nomination, gram different from existing county
read as follows: postcloture time expire on Wednesday,
CLOTURE MOTION
support programs?’’
March 10, at 2:15; further, that cloture Let me explain my thinking in put-
We, the undersigned Senators, in accord- on the Regan nomination ripen fol- ting this language together. In every
ance with the provisions of rule XXII of the lowing disposition of the Garland nom-
Standing Rules of the Senate, do hereby state, but especially the West, there
ination. are counties with tracts of federal
move to bring to a close debate on the nomi- The PRESIDING OFFICER. Without
nation of Executive Calendar No. 15, Michael lands that have unique impacts on the
Stanley Regan, of North Carolina, to be Ad-
objection, it is so ordered. local economy. These counties are re-
ministrator of the Environmental Protection f ferred to in Section 605 as ‘‘revenue
Agency. MORNING BUSINESS sharing counties’’—counties that have
ctelli on DSK11ZRN23PROD with SENATE
Charles E. Schumer, Thomas R. Carper, a direct fiscal relationship with public
Richard Blumenthal, Christopher A.
lands and public resources. These coun-
Coons, Patty Murray, Chris Van Hol- AMERICAN RESCUE PLAN ACT OF
len, Sheldon Whitehouse, Jeff Merkley, ties help pay for roads, schools, and
2021 other services that directly benefit
Brian Schatz, Cory A. Booker, Amy
Klobuchar, Benjamin L. Cardin, Mr. SCHUMER. Mr. President, to- and, in many cases, support federal
Sherrod Brown, Angus S. King, Jr., day’s legislation takes a very impor- lands. They get payments for the tax-
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1271
exempt status of those public lands, or mentation of, or changes in, a federal This section of the bill would estab-
payments intended to split the revenue program. For example, necessary envi- lish a new Tribal economic stabiliza-
from the commercial use of public ronmental and wildlife protection laws tion fund, which would allow the De-
lands. This relationship between the have reduced the revenue sharing pay- partment of Treasury to make pay-
counties and those lands and extractive ments to counties that host U.S. For- ments to Tribal governments for any
industries usually means they are est Service lands and timberlands man- governmental purpose deemed nec-
boom-and-bust counties—falling faster aged by the Bureau of Land Manage- essary by the Tribe. This language is
into recession and slower to climb out ment. intended for the Department of Treas-
of recession when changes occur to par- Over the last half century, revenue ury to work with the Tribal Govern-
ticular federal programs or when, for sharing counties have seen their budg- ments defined in the bill to determine
example, a massive global pandemic ets fluctuate wildly based on incon- a formula ensuring equitable distribu-
hits without warning. sistent revenue sharing payments tion of the funding each year. This
I, and many of my colleagues, have caused, in part, by the boom and bust funding could be used to repair critical
worked for years on programs attempt- nature of resource extraction indus- drinking water infrastructure, fund
ing to stabilize those local economies— tries. Additionally, current federal Tribal healthcare services, or other
primarily through two laws: the Secure county payments laws meant to sta- critical Tribal needs.
Rural Schools and Community Self De- bilize this cycle, such as PILT and Madam President, I am thrilled to be
termination Act, which is largely ad- SRS, are often inconsistently funded on the new path of providing stabilized
ministered by the Secretary of Agri- and leave counties on an economic roll- aid to these counties. I look forward to
culture through the U.S. Forest Serv- er coaster each year waiting for incon- working with my colleagues in stand-
ice and the Bureau of Land Manage- sistent reauthorizations. ing up this program.
ment; and the Payment in Lieu of The purpose of my new program is to
f
Taxes Program, administered through help stabilize the budgets and econo-
the Secretary of the Interior. mies of counties that have historically BUDGETARY REVISIONS
So, why implement a new and sepa- hosted extractive industry on private Mr. SANDERS. Mr. President, sec-
rate program assigned to the Secretary or public lands and where downturns in tion 3001 of S. Con. Res. 5, the fiscal
of Treasury? Treasury is the agency those extractive industries, caused by year 2021 congressional budget resolu-
with the best and most complete government action, affected the county tion, allows the chairman of the Senate
knowledge of the economic workings of economically and budgetarily. Budget Committee to revise the alloca-
our nation. Therefore, it is right up its Unfortunately, due to the nature of tions, aggregates, and levels in the
alley to ‘‘tak[e] into account economic the reconciliation process in the Sen- budget resolution for legislation con-
conditions of each eligible revenue ate, the final language of the new coun- sidered under the resolution’s rec-
sharing county, using measurements of ty payments program did not make onciliation instructions.
poverty rates, household income, land this perfectly clear. Instead, the final I find that Amendment 891 fulfills the
values, and unemployment rates as language referred simply to revenue conditions found in section 3001 of S.
well as other economic indicators, over sharing counties, but requires Treasury Con. Res. 5. Accordingly, I am revising
the 20-year period ending with Sep- to establish a formula that helps both. the allocations for the reconciled com-
tember 30, 2021.’’ In addition, my 20 Let me touch on a couple of the other mittees and other enforceable budg-
years of experience in this arena, com- key provisions in the section. First, etary levels to account for the budg-
bined with what I’ve heard from Orego- while the money provided is for a coun- etary effects of the amendment.
nians in rural counties, adds up to the ty to use as it sees fit, a county cannot I ask unanimous consent that the ac-
conclusion that it is time to try some- use any of the funds to lobby anyone companying tables, which provide de-
thing new to stabilize the local econo- for any reason at any level of govern- tails about the adjustments, be printed
mies of these revenue-sharing counties. ment. If a county does use the money in the RECORD.
I am not expecting Treasury to do in this unauthorized manner, the coun- There being no objection, the mate-
this work on its own. I will work with ty must return the improperly used rial was ordered to be printed in the
the Department, as will my colleague money to the treasury. RECORD, as follows:
and long-time partner on this issue, The county that takes money under
Senator CRAPO. I also fully expect this section must report to the Treas- REVISION TO ALLOCATION TO SENATE COMMITTEES
Treasury to consult with others in gov- ury Secretary about the use of that (Pursuant to Section 302 of the Congressional Budget Act of 1974 and Sec-
ernment who have history in this arena money. The Secretary has the discre- tion 3001 of S. Con. Res. 5, The Concurrent Resolution on the Budget for
Fiscal Year 2021)
on the creation of this new formula tion to make the reporting require-
such as the Secretaries of Agriculture ments more detailed. And lastly, if the $ in billions 2021 2021–2025 2021–2030
and Interior, as well as the National county does not make a timely report, Current Allocation:
Association of Counties, state county then the county must pay a penalty. Agriculture, Nutrition,
associations, including the Association And lastly, let me talk about the and Forestry:
Budget Authority 240.315 831.870 1,562.654
of O&C Counties Oregon, and many $500,000,000 in this section destined for Outlays ................ 202.027 733.208 1,388.412
other groups with a deep understanding the Tribes. The section reads: Adjustments:
Budget Authority 22.602 22.712 22.712
of these impacts across the United ‘‘(2) PAYMENTS TO ELIGIBLE TRIBAL GOVERN- Outlays ................ 18.858 22.553 22.712
States. These entities will help Treas- MENTS.—For each of fiscal years 2022 and Revised Allocation:
Budget Authority 262.917 854.582 1,585.366
ury stand up this new program at 2023, the Secretary shall reserve $250,000,000 Outlays ................ 220.885 755.761 1,411.124
Treasury because they provide historic of the total amount appropriated under sub- Current Allocation:
section (a) to allocate and pay to eligible Banking, Housing, and
context to the entirely new program in Urban Affairs:
its analysis of the needs of the coun- Tribal governments in amounts that are de- Budget Authority ¥463.909 ¥378.485 ¥269.169
ties, for the first time taking into ac- termined by the Secretary taking into ac- Outlays ................ ¥10.918 3.158 6.455
count economic conditions of each eligible Adjustments:
count economic conditions on the Tribe.
Budget Authority 92.231 92.231 92.231
ground. The new program will include Outlays ................ 32.544 87.170 88.820
‘‘(2) ELIGIBLE TRIBAL GOVERNMENT.—The Revised Allocation:
$1.5 billion for eligible counties and term ’eligible Tribal government’ means the Budget Authority ¥371.678 ¥286.254 ¥176.938
$500 million for Tribes over the next Outlays ................ 21.626 90.328 95.275
recognized governing body of an eligible Current Allocation:
two years. Tribe. Commerce, Science,
So, now that I have covered the ques- ‘‘(3) ELIGIBLE TRIBE.—The term ’eligible and Transportation:
Tribe’ means any Indian or Alaska Native Budget Authority 345.609 417.066 507.766
tions of ‘‘What are the revenue sharing Outlays ................ 314.473 381.777 449.022
counties?’’; ‘‘Why Treasury?’’; and tribe, band, nation, pueblo, village, commu- Adjustments:
ctelli on DSK11ZRN23PROD with SENATE
nity, component band, or component res- Budget Authority 35.882 35.762 35.162
‘‘How is my new program different?’’; I ervation, individually identified (including Outlays ................ 22.427 35.696 35.155
want to provide an answer to ‘‘What Revised Allocation:
parenthetically) in the list published most Budget Authority 381.491 452.828 542.928
has happened in the revenue sharing recently as of the date of enactment of this Outlays ................ 336.900 417.473 484.177
county to warrant a payment?’’ section pursuant to section 104 of the Feder- Current Allocation:
Environment and Public
Revenue sharing counties have suf- ally Recognized Indian Tribe List Act of 1994 Works:
fered economic loss due to the imple- (25 U.S.C. 5131).’’ Budget Authority 68.678 264.412 510.612
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