Regan EPA Nomination and American Rescue Plan Act of 2021 — Congressional Record, Senate, March 10, 2021
Summary
This is S1449 of the Congressional Record, Senate, March 10, 2021, with interleaved columns. A Senator who chairs the Committee on Environment and Public Works, whose name is not printed in the text read, urges support for the nomination of Michael Regan to lead the EPA. Mrs. Capito speaks against the nomination, saying she is concerned about Gina McCarthy's role as an unaccountable czar, and about job losses in fossil fuel communities, quoting a Washington Post article and a labor union representative. The views are attributed to the speakers.
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“Regan EPA Nomination and American Rescue Plan Act of 2021 — Congressional Record, Senate, March 10, 2021.”
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March 10, 2021 CONGRESSIONAL RECORD — SENATE S1449
they want to be treated. And, finally, minished role if he wins Senate confirmation [Counties]. Job losses over the past four
when leaders know they are right, they due to the large number of Obama-era offi- years range between—
are sure they are right, they don’t give cials who have returned to the agency and Remember, this is in 2015—
the White House to work on implementing
up. They just don’t give up. Biden’s environmental agenda.
25 and 33 percent in each of these counties.
Michael Regan is that kind of leader. That is how many jobs were lost.
We need that kind of leader, and I am The article went on to say:
[T]hese sources also say that because there
John Kerry stood alongside Gina
convinced that he is the leader we need McCarthy in the Oval Office in January
are so many officials now working on cli-
for his critical role at this critical time and talked about how workers in the
mate change policies across the Biden ad-
in our Nation’s history. ministration, this could lead to ‘‘turf wars’’ fossil fuel industry can just become
So, Madam Chair and colleagues, as between EPA and the White House on this wind turbine technicians or solar panel
chairman of the Senate Committee on issue. technicians. John Kerry doesn’t really
Environment and Public Works, I urge Well, I share those concerns. know what it actually means to be any
all of my colleagues to support his For almost 2 months now, unac- type of these workers.
nomination. countable czar Gina McCarthy has been Brad Markell, a representative from
With that, I yield the floor. working both behind the scenes and in the AFL–CIO Industrial Union Council,
I suggest the absence of a quorum. front of the press to lay the ground-
The PRESIDING OFFICER. The explained some of the differences to
work for the Biden administration’s the Washington Post. He said:
clerk will call the roll.
The bill clerk proceeded to call the agenda. She is wielding her power pub- You get guys that are coming off of fossil
roll. licly to make it clear who is calling jobs in the Dakotas or the wind belt, and are
Mrs. CAPITO. Madam President, I the shots and directing the troops. making, you know, eighty, ninety, a hundred
McCarthy herself said recently: thousand a year. [To put wind turbines up],
ask unanimous consent that the order they’re looking at thirty to thirty-five thou-
I’ve got a small stronghold office, but I am
for the quorum call be rescinded. sand, with either no or substandard benefits.
an orchestra leader for a very large band.
The PRESIDING OFFICER. Without
She is operating this ‘‘stronghold’’ In President Biden’s White House, we
objection, it is so ordered.
The junior Senator from West Vir- office with no transparency outside of have unaccountable—and either mis-
ginia. the Senate confirmation process. It guided at best or uninformed at
Mrs. CAPITO. Madam President, I would be bad enough with just a turf worst—czars trying to do what they
rise today to discuss my opposition to war between an equally matched White think is best for this country.
the nomination of Michael Regan for House and EPA, but we know that So let’s go back to Secretary Regan.
Administrator of the Environmental McCarthy is poised to have influence In his hearing, he talked in depth
Protection Agency. within the EPA too. about his work with Republicans in
Now, before I begin, let me be very In addition to the Obama EPA alums North Carolina and his commitment to
clear. I really liked meeting and get- already in place, the nomination of transparency, and both of the Repub-
ting to know Michael Regan. He is a Janet McCabe to serve as EPA Deputy lican Senators from his home State
dedicated public servant and an honest Administrator has only increased my came and introduced him to our com-
man. He had a beautiful family with concern and made it worse. mittee and spoke very well of his abil-
him, and he answered the questions as In 2019, McCabe, McCarthy, and an- ity to work across the aisle.
straightforwardly as I think he other alum of the Obama EPA wrote an I appreciate that greatly, and I wel-
thought he could. I have enjoyed get- op-ed fully backing the overreaching come that, but the fact remains that I
ting to know him through my role as Clean Power Plan. They admitted that can’t support Secretary Regan when
the ranking member on the Environ- their Clean Power Plan was a War on Gina McCarthy is the self-described or-
ment and Public Works Committee, Coal. They stated: chestra leader for the Biden adminis-
and I appreciated the willingness he ex- The best way to cut emissions is to shift tration and Kerry is basing so-called
electricity generation from the dirtiest ‘‘transition’’ policies on a fantasy
pressed to visit my home State of West plants, which happen to use coal.
Virginia. But this vote is not based on world that does not exist.
So they were willing to say it out- I am very skeptical that the next 4
what Mr. Regan might do if he had his
right once they were out of public of- years will be any better than the 8
say; this vote is about confirming
fice. They are willing to admit to their years of economic devastation brought
someone to execute President Biden’s
War on Coal. It upsets me because they on by President Obama’s EPA. So,
agenda, which Mr. Regan said he would
wouldn’t say it to the people of my without commitments to different poli-
faithfully do, and I cannot support that
State when they were in the office. cies than what were pursued in the
agenda. I cannot support that agenda
They didn’t have the courage to look Obama EPA, I cannot support Sec-
that Secretary—if confirmed—Regan
the people in West Virginia—they retary Regan today. But, you know
would be tasked with implementing.
Throughout his confirmation process, didn’t even come to our State to talk what? I hope he proves me wrong. I
Secretary Regan did not commit to a about it—to look them in the eye and hope he makes good on his promise to
different policy agenda than that of the admit they wanted to wipe coal off the work with Republicans to help address
Obama administration—an agenda that map. Had they come, they would have climate issues.
absolutely devastated my State and had to hear in person, eye to eye, the As ranking member of the EPA Com-
other energy-producing States. harm, the devastation that workers in mittee, I stand ready to just do that.
In his nomination hearing, Secretary our coal industry and many other asso- We have so much common ground on
Regan, because he is secretary of North ciated industries in West Virginia were climate issues. I hope Secretary Regan
Carolina’s Department of Environ- facing. can cut Gina McCarthy out of power
mental Quality, would not comment as WVU economist John Deskins put and let her know who is calling the
to whether the so-called Clean Power that harm into perspective in testi- shots for environmental policy in the
Plan or something worse would be re- mony before the Senate Energy and Biden administration. I hope Secretary
instituted. He did not rule out a return Natural Resources Committee at a Regan embraces President Biden’s
to the WOTUS rule. He could not say hearing in 2015. He observed: mandate of unity and works with both
whether the EPA would again claim In Central Appalachia, coal production has red and blue States to take care of our
fallen by 51 percent since 2010, compared to a planet. Until then, I will continue to
overarching authority to force States
decline of 10 percent from the nation’s other look out for my State and practice ag-
to shift their electricity generation coal-producing regions. . . . [N]early all of
sources. He could not commit to real gressive oversight on what I think may
the coal job losses that have occurred in
changes, and that is because the agen- West Virginia have come from our state’s be coming.
dlhill on DSK120RN23PROD with SENATE
da is already set. Climate czar Gina southern coalfields. The concentration of I yield the floor.
McCarthy and others have already set these job losses has created a Great Depres- The PRESIDING OFFICER (Ms. HAS-
the table. sion— SAN). The Senator from Virginia.
InsideEPA recently reported: Great Depression— AMERICAN RESCUE PLAN ACT OF 2021
Administration observers are questioning in six southern counties—Boone, Clay, Mr. KAINE. Madam President, good
whether Michael Regan . . . could face a di- Logan, McDowell, Mingo, and Wyoming afternoon. I rise today to talk about
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S1450 CONGRESSIONAL RECORD — SENATE March 10, 2021
the American Rescue Plan and its ef- Small businesses, which have suf- The Trump tax plan passed in 2017 with
fect on my economy. fered so much, will get a significant up- every Republican vote and no Demo-
It has been a tough year. It was a lift—just restaurants, with the $28 bil- cratic vote. I believe these two plans
year ago tomorrow that I sent my Sen- lion restaurant fund in the American are almost a perfect representation of
ate staff home for a trial-run, 2-day Rescue Plan. There are 15,000 res- the priorities of the two parties right
telework in case we ever were to need taurants in Virginia, all of which have now in this body—not just in this body
it, and they never came back. Until suffered because of COVID, because of but all around the country.
now, as people are starting to get vac- social distancing requirements, supply If you analyze the content of these
cinated, they are coming back person- chain challenges, workers who have two bills, which were nearly identical
ally to the office after having worked, been out sick. That $28 billion fund of- in size, you can definitely understand a
in a pretty amazing way, virtually for fers great hope for my restauranteurs. lot about the priorities of the two par-
the year. For Virginia education, our local ties. On the Tax Cuts and Jobs Act, the
It was just about a year ago that I school systems—134 cities and counties Trump tax cuts, 54 percent of the $1.9
got coronavirus. It was just about a operate K–12 systems—will receive trillion benefit went to people making
year ago that I gave my wife more than $2 billion to deal with the more than $75,000 a year, 16 percent
coronavirus. It has been a long, long costs of COVID, including expanded went to people making less than $75,000
year: more than 500,000 Americans broadband so that their students can a year, 31 percent were tax cuts for
dead, more than 10 million still out of have better access to online course cur- businesses.
work. After sizable work by Congress riculum, including money that could be If you look at the American Rescue
in five bills in 2020 to inject resources used for summer instruction, for exam- Plan, you see something very, very dif-
into the economy, we are still down 10 ple, so that we can tackle learning gaps ferent: 44 percent of the aid was aid to
million jobs. that occurred during the last year; and individuals, 21 percent was pandemic
But today is a bright day. Just with- $845 million for Virginia higher edu- and other policies that focus on getting
in the last few hours, the House of Rep- cation institutions. us out of the healthcare crisis, 9 per-
resentatives passed the Senate bill that And something that I am particu- cent is to our schools and universities,
we sent to them Saturday afternoon on larly excited about—I have a child who 18 percent for our State and local gov-
the American Rescue Plan, building off is an early childhood worker. That is ernments to try to forestall massive
the original House proposal, and that what he does. Forty percent of Virginia layoffs of governmental employees, and
bill is filled with things that will make childcare centers were closed for much then 8 percent are tax cuts to individ-
a tangible difference nearly imme- of the year because of the pandemic. uals.
diately in the lives of so many Ameri- These are very different priority sets
Virginia will receive nearly $800 mil-
cans: payment to everyday families, in- between the GOP’s key accomplish-
lion in additional childcare support so
dividuals, children; acceleration of the ment with the 2017 tax cuts and now
our childcare centers can be open,
vaccine deployment; resources so that this accomplishment that the Demo-
which will not only be good for chil-
we can open our schools and our col- crats have worked so hard to achieve in
dren but will enable their parents to
the American Rescue Plan.
leges and our childcare centers, which return to work more easily. This tells you about priorities, but
are all preconditions to seeing the In the healthcare space, accelera-
the next chart is probably my favorite
economy reopen. tions of vaccines, lower healthcare pre- because I think it makes it even clear-
In Virginia—just making this about miums because of expanded subsidies er. This is a chart that shows the bene-
my home Commonwealth—State and for those who are purchasing insur- fits of both the American Rescue Plan
local governments in Virginia will re- ance, mental health expansion to deal in blue and the Tax Cuts and Jobs Act
ceive about $6.8 billion to cover costs of with the significant psychological and in red, and I don’t think those colors
COVID, revenues lost due to COVID, emotional traumas of the last year, were coincidentally done by my staff.
but also projects that can help the housing, food, transit, broadband, pen- It shows how the benefits of these
economy accelerate so that we can sion reform. two bills—they are identical in size—
climb out of the economic catastrophe There is so much in this bill for Vir- were arrayed across the income
that has been COVID. ginians. There is so much in this bill groupings, income quintiles of the
Eighty-four percent of Virginians— for the residents of red States, blue American public. The top 20 percent of
that is more than 7 million people, 2 States, in-between States. Every ZIP the American public in income got 65
million of whom are children—will re- code in the United States, every family percent of the benefit from the Trump
ceive stimulus checks because of the in the United States will see some im- tax cuts. They get 11 percent of the
bill the Democrats got passed in the pact that they can see, touch, and feel. benefit from the American Rescue
House and Senate. It is not often that you pass a bill Plan.
Just think of that. Seven million where you can say this about it—that In the 60-to-80-percent quintile, you
Virginians will receive stimulus the tangible results for virtually every will see that the two plans were pretty
checks. The average per filer—and American will be seen so quickly. close to equal. Not exactly—the Demo-
many file jointly, so this will be sort of I want to focus a little bit, having cratic plan was a little bit better in
a household average—would be nearly talked about the tangible benefits in terms of the benefits at that level. But
$3,000. Virginia, just on the analysis of the as you move into the 40-to-60-percent
The child tax credit portion of the bill nationally, and I have a couple of quintile, that midrange of Americans,
American Rescue Plan will provide ad- charts I want to show. the Democratic proposal gave much
ditional resources on top of those Coincidentally, or maybe not coinci- more of the benefit to people in that
checks to 1.6 million Virginia children, dentally, the size of the American Res- income frame, that income quintile,
lifting 85,000 currently below the pov- cue Plan was pretty close to the size of than the Republican proposal.
erty level to above the poverty level. the Trump tax cuts that were done in In the 20-to-40-percent range, it is
Just in my State, 85,000 children below December of 2017. The Trump tax cuts quadruple the Democratic allocation of
the poverty level will no longer be were about $1.9 trillion, and the Amer- benefits to that lower middle-class por-
there. ican Rescue Plan ended up being at tion of the American public, quadruple
The expanded earned income tax about $1.75 trillion. So they are pretty what the Republican tax plan allo-
credit in Virginia will affect nearly close. cated.
420,000 adults, enabling them to work And what these two plans dem- But what you really see is, in the
with more dignity, with less financial onstrate, if you look at the Trump tax lowest quintile income of the American
dlhill on DSK120RN23PROD with SENATE
stress, as they try to manage the chal- plan and you look at the American public, the people who struggle the
lenges of their life in this tough time. Rescue Plan, is that you will see how most and during the pandemic were
Also, 250,000 adults whose unemploy- very, very different the priorities of hurt the most, 23 percent of the bene-
ment benefits were in danger of expir- the two parties are. The recovery plan fits of the American Rescue Plan went
ing are now protected through early passed in this body with every Demo- to that lowest 20 percent of the Amer-
September because of the bill. cratic vote and no Republican votes. ican public while only 1 percent of the
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March 10, 2021 CONGRESSIONAL RECORD — SENATE S1451
benefit of the Trump tax cuts was allo- economic philosophy. If you take gov- has nominated them for, but, too often,
cated to that hard-hit, struggling ernment action and you try to direct we overlook whether a nominee has the
group of people. the focus of it on middle and lower in- right character to lead an organiza-
Again, if you want to look at the pri- come people, my surmise is, those dol- tion. In this case, there is no question
orities of the two parties by analyzing lars will likely be spent; they will be that Michael Regan has that character.
these two sizable bills that each side spent in community institutions and I have had the pleasure to get to
claims is an accomplishment they are stores and purchasing properties or know him over the last several years
proud of, you just need to look at this maybe buying a car. They will be and to see firsthand his sincerity and
particular chart and understand who spent, and they will have a multiplier love for his family. I know when a man
each side, each party, is battling for effect throughout the economy. They of this caliber is confirmed, he will
and who is each side, each party, try- are not going to be used to buy back bring those same qualities to the Agen-
ing to help. stock. They are not going to be used or cy he leads, bolstering the EPA and en-
Finally, one last chart and then a socked away because there is nowhere suring that communities reliant on ag-
concluding comment. The last chart to spend it. riculture for their livelihood will be
shows the poverty rate in this country I think you will see that the spending listened to.
beginning in 2007. Now, we know we effect of allocating benefits in this way In closing, Michael Regan is a good
had an economic challenge in 2008, 2009, is going to have a significant, positive man. He is the right man to lead the
2010 that was significant, and then the effect on the American economy at a Environmental Protection Agency.
poverty rate started to come down late time when it needs it and at a time And I would urge you and urge my col-
in the Obama first term and continued when the people who are most helped leagues to confirm him to be the next
to come down into the Trump first are most in need. Administrator of the EPA.
term. But you will see what has hap- We need to build an economy coming With that, I yield the floor.
pened since 2017 with the passage of the out of this crisis that is not only ro- I suggest the absence of a quorum.
Tax Cuts and Jobs Act. If that had not bust but that is also sustainable, mean- The PRESIDING OFFICER. The
happened, the poverty rate would have ing environmentally sustainable but clerk will call the roll.
started to tick back up again after hav- sustainable and less subject to boom, The senior assistant legislative clerk
ing come down for a number of years. busts in areas that leave people high proceeded to call the roll.
The Tax Cuts and Jobs Act did have and dry. We also need to build an econ- Mr. MORAN. Madam President, I ask
an effect on the poverty rate. It omy that is more equitable, not meas- unanimous consent that the order for
knocked it down a little bit. So there ured just by GDP increase or stock the quorum call be rescinded.
was a positive effect on the poverty market increases that can affect some FOR THE PEOPLE ACT
rate from the Republican tax proposal, but measure more in statistics like Mr. MORAN. Madam President, I am
but it was not very significant. wages, reduction of poverty, startup of here this afternoon to speak in opposi-
But the projection about the Amer- new businesses that demonstrate an tion to H.R. 1, the so-called For the
ican poverty rate following the passage economic vitality that is spread broad- People Act. Every American—no Amer-
of the American Rescue Plan is a dra- ly among the population. ican should be fooled by the wholesome
matic reduction—a dramatic reduction We are starting the realtime clock on title of H.R. 1. H.R. 1 is an affront to
of poverty from more than 12 percent that experiment today. We will be able the U.S. Constitution, and the drastic
down to poverty just above 8 percent— to compare the value of the $1.9 trillion impact this legislation would have on
and we would expect to see that by the tax cut to the $1.75 trillion American federalizing elections, restricting free
end of the year. Recovery Plan in years to come. And I speech, and accelerating the divide in
We are not talking about by the end am very, very excited to understand this country—that divide between left
of the decade or by the end of 5 years that because I think it may point the and right, rural and urban, red States
or by the end of this Congress. We are way forward to additional economic ad- and blue States—would be terribly
talking about by the end of the year. vances that will make us stronger. damaging to our Nation.
I think these charts—and, again, par- With that, I yield the floor. We often hear that elections have
ticularly this chart that arrays the The PRESIDING OFFICER. The Sen- consequences. In November, Americans
benefits of both the tax cuts bill of 2017 ator from North Carolina. voted for a Congress that is nearly a
and the American Rescue Plan and NOMINATION OF MICHAEL STANLEY REGAN 50–50 split between the parties in the
shows to whom the benefits were allo- Mr. BURR. Madam President, I rise House and precisely a 50–50 split in the
cated—speak volumes about two very today to support the nomination of Mi- Senate. If elections have consequences,
different philosophies about the econ- chael Regan to be the Administrator of then the consequence American voters
omy, two very different philosophies the Environmental Protection Agency. may have had in mind was to encour-
about equity, two very different phi- One look at Michael’s resume should age Congress to put aside partisan dif-
losophies about how to truly include make it clear to my colleagues that he ferences and to work together to do its
everyone in legislation that is big, is immensely qualified for this posi- job on their behalf.
tough, challenging legislation. tion, not only in qualifications but in Americans did not vote to give one
Finally, I will say this as I conclude: his demeanor. party free rein to implement an un-
The passage and the signing of the Michael is a proud North Carolinian precedented power grab, to nationalize
American Rescue Plan will also start a who, over the last 4 years, has ably elections, and to strip power from
realtime economic experiment because served as secretary of the North Caro- States and localities from now into
the Republican tax plan was done in lina department of environment. You perpetuity, forever.
2017, and we can measure what that has will consistently hear from those who I am a conservative, and I believe in
done and what it hasn’t done from 2017 have worked with him in this role that the primacy of individual liberties and
to the beginning of the pandemic. You whether they agreed or disagreed on a in a Federal Government that exercises
would not want to include the pan- given policy, he always listened and restraint. I believe that State and local
demic necessarily; that wouldn’t be a looked to find agreement. units of government are inherently
fair way to measure. But if you look at This type of praise is not easy to more responsive to the wishes of our
the passage of the tax cut plan in De- come by on environmental matters, citizens. Article I, section 4 of the Con-
cember of 2017, say, to March of 2020, but it is exactly what we should ask of stitution states that ‘‘Time, Places and
you can get a pretty good view of what any nominee to ensure everyone gets a Manner’’ of congressional elections
that tax bill did or didn’t do to the fair hearing at their Agency. That is ‘‘shall be prescribed [by the States].’’
dlhill on DSK120RN23PROD with SENATE
American economy. exactly why North Carolina’s agricul- My adherence to the Constitution thus
Now, in the passage of the American tural community supports his nomina- instructs deference to State govern-
Rescue Plan and the allocation of the tion. ments to oversee their own elections,
benefits of the plan, as demonstrated It is our job to ascertain whether a as they always have and always should.
here, we are going to start the clock on nominee has the knowledge and experi- There are so many problematic and,
a realtime experiment of a different ence to do the job that the President frankly, unconstitutional aspects of
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