Unanimous Consent Request on S. 730, March 17, 2021 — Congressional Record, Senate
Summary
Page S1599 of the Senate section of the Congressional Record for March 17, 2021, in interleaved columns, with a unanimous consent request on S. 730. One speaker praises Mr. Becerra, saying he served for over two decades in the House, fought for healthcare rights, worked across party lines as California's attorney general and speaks movingly of his family, which is that speaker's view. Another speaker describes a bill that would let Federal law prosecute criminals who target law enforcement officers at State and local levels, and a further speaker says revenue cannot be backfilled after cutting taxes.
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“Unanimous Consent Request on S. 730, March 17, 2021 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-17-crec-2021-03-17-pt1-pgs1599-1cdbf6d51d/
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March 17, 2021 CONGRESSIONAL RECORD — SENATE S1599
friend. I first met then-Congressman that Mr. Becerra fought to pass and not only his expertise and skill but the
Becerra in the House of Representa- which he has fought to defend against empathy and the compassion needed to
tives, where he served for over two dec- constant attacks in the courts. help those most in need.
ades with myself and the Presiding Of- There is no question that Xavier Like most of us, Mr. Becerra is also
ficer and others, and where he was a Becerra fights for what he believes is guided and motivated by what makes
champion for the healthcare rights of right, as he should, but that has never him most proud: his family. At his con-
the American people, working over- prevented him from working across the firmation hearing, he spoke movingly
time to make sure that every Amer- aisle to get things done. As the attor- about his wife and his children, who
ican had access to quality, affordable ney general in the State of California, are all a part of all that he does. And
healthcare. he has repeatedly partnered with Re- he spoke about his parents, who trav-
We served together in the House publicans to solve the pressing issues eled to this country from Mexico seek-
Democratic leadership, and we served facing our fellow citizens. ing a better life, with nothing more
together on the House Ways and Means He builds bridges every day and has than, in Xavier’s words, ‘‘their health
Committee. So I have had an oppor- worked across party lines to expand ac- and their hope.’’
tunity to see his legislative talents up cess to COVID–19 treatments, to con- It is that health and that hope that
front and also to witness his love of front the opioid crisis, and to address propelled Mr. Becerra into a life of pub-
service to our country. the dangers of vaping and smoking lic service, and it is that health and
We worked together to halt a number among our Nation’s youth. that hope that will animate his leader-
of proposals that maybe some of our His record shows that Attorney Gen- ship at the Department of Health and
Republican colleagues here in the Sen- eral Becerra fights for what is impor- Human Services, should he be con-
ate were pushing for, including the pro- tant to the people he represents, not firmed by this Senate.
posal that continuously appeared in the party he belongs to, and he has He was brought up in a family that
the House Republican budget to demonstrated it by example time and believed in and sought the American
voucherize the Medicare Program. One time again with his ability to bridge dream, and he has spent his life fight-
of the former Speakers of the House deep divisions, even during this time of ing to make that dream real for fami-
wanted to essentially provide seniors division. I know that he will fight hard lies across this Nation. He believes, as
on Medicare with a voucher and send for each and every one of our fellow I believe, that that mission requires us
them out into more of a private mar- citizens and will not look to see wheth- to care for the health and safety of
ketplace. It would have ended up put- er somebody is a Democrat or a Repub- each and every one of our fellow citi-
ting our seniors more at risk. So to- lican or from some other party. What zens, and I have full confidence that he
gether we did battle that idea. he cares about is making sure he is is up to the task.
We served together on what was Colleagues, I urge us to confirm the
looking out for the healthcare of every
nomination of Xavier Becerra to be the
known as the Congressional Joint Se- American.
And, at this moment, everyone in next Secretary of the Department of
lect Committee on Deficit Reduction,
this country stands to benefit from an Health and Human Services.
also known as the ‘‘supercommittee,’’ The PRESIDING OFFICER (Ms. HAS-
and known to some as the ‘‘not-so- effective leader at the helm of the De-
SAN). The Senator from Indiana.
super committee.’’ I saw him work to partment of Health and Human Serv-
UNANIMOUS CONSENT REQUEST—S. 730
try to achieve agreements on some of ices. Our most pressing task is to con-
Mr. BRAUN. Madam President, this
the biggest challenges facing our coun- tain the spread of COVID–19 and to de-
past year has been hard on Hoosiers
try, but, like him, we both agreed that feat COVID–19. That requires clear
and Americans across the country.
we weren’t going to do that at the ex- messaging on public health measures.
When the economy was shut down,
pense of protecting Medicare for sen- That requires accelerating the dis-
Congress got to work. Given my back-
iors, protecting Medicaid as an abso- tribution of vaccines and treatment ground as a business owner, I was in-
lutely essential healthcare safety net and testing and making sure we do all volved in negotiating the Paycheck
for tens of millions of Americans, and of that in an equitable way. That Protection Program, known as PPP, as
we were not prepared to provide more means safely guiding the opening of part of the CARES Act, one of five bills
tax cuts to the very wealthiest of our schools, and we all want our stu- that passed in 2020 with overwhelming
Americans. dents to get back to school as quickly support, I think 90-plus votes. We
It is in that last effort where Xavier as possible and as safely as possible. worked it out, Democrats and Repub-
Becerra, I think, really distinguished As the attorney general of California, licans, together.
himself in the House, when it came to he has led one of the largest depart- Those COVID-related packages to-
the issue of equity and healthcare. I ments of justice in the country, and, in taled $4 trillion, and we didn’t have a
know the Presiding Officer knows well that capacity, has stood up for strong penny saved up ahead of time to pre-
the battles we all went in together in consumer and worker protections pare for it. That is part of a deeper
the development and passage of the Af- throughout this pandemic and before, problem with this institution, is that
fordable Care Act, and it was that that and I trust that he will continue to do we borrow anything that we spend
really defined Mr. Becerra’s legacy in so for all Americans as Secretary of money on, even 23 percent of our an-
the House. HHS, if confirmed. nual operating budget. To put that in
He championed the Affordable Care We know that this public emergency perspective, imagine if you had a busi-
Act from the very start. He helped both and health crisis has been a blow to our ness doing $100,000 in revenue, and you
to write and to pass this landmark law country. It has also laid bare the fault are losing $23,000, and then you go to
that now helps tens of millions of our lines in our healthcare system in terms your banker and expect them to bail
fellow Americans, and after leaving the of racial inequities, inaccessibility for you out. It wouldn’t make sense.
Congress, he led the charge to defend underserved communities, and under- We came into 2021 with over $1 tril-
the Affordable Care Act against the investment in our public health infra- lion from those packages unspent, un-
Texas case before the Supreme Court of structure. These issues, of course, pre- obligated. Instead of working with us
the United States. dated COVID–19, but we must tackle like before, Democrats did shut us out
Now, I know a lot of our Republican them with renewed urgency as we of the process. In fact, the Senate as a
colleagues have also spent years fight- emerge from this crisis. whole did not work the bill through
ing the Affordable Care Act. We have Mr. Becerra is equipped to root out committees. It was laid to us, on the
seen that play out here in the U.S. Sen- these disparities, both because of his
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Senate, by the House, all $1.9 trillion of
ate within the last couple years. But knowledge and skill and expertise but it.
the reality is the Affordable Care Act also because of his lived experience. Before this, some Republicans went
is very important to the overwhelming Xavier grew up in a working-class to the White House to talk with the
majority of the American people who Latino family. He knows the commu- President about a bipartisan plan,
support it and is an essential lifeline to nities that are hurting most because he knowing all the money would be bor-
quality, affordable healthcare for tens has lived in those communities. He rowed again, but nothing came to fru-
of millions of Americans. And it is that would bring to this important office ition. Instead, we stayed up all night;
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S1600 CONGRESSIONAL RECORD — SENATE March 17, 2021
finished the bill at noon the next day, stimulus checks for undocumented im- every Tuesday afternoon. As Governor,
Saturday; spent 29 hours on the floor, migrants, for felons, all kinds of stuff I would have my finance people come
and not a single Republican amend- that I think, when you look at it, to my office, and we would sit down
ment was adopted in this massive shouldn’t have been in there. But when and look at the revenue estimates. We
spending bill. it is that massive—it takes 10, 11 hours had to make adjustments because we
Instead of focusing on the virus and to read out loud—you are going to get had a balanced budget amendment.
getting our economy back on track, some of that. What this does is say Isn’t that a novelty, a balanced budget
this became an exercise in ramming that if a State takes Federal money, amendment? We had to live within our
something through that was a liberal they cannot lower their State taxes in confines. That is something that no
wish list. Only 1 percent of the bill—1 any way through 2024. one who has ever been in State govern-
percent of the bill—went toward the First of all, I believe this is unconsti- ment or ever run a business under-
vaccine. Less than 9 percent goes to- tutional and coercive. Second, we stands. I understand that. But it is
ward COVID–19 public health issues should never punish States for putting something that we did very religiously.
generally. taxpayers first. We serve the public and The language in this bill, Senator
While the Congressional Budget Of- should be good stewards of their from Indiana, the only thing this bill
fice projects the economy to return to money, and especially a place like this does—or that language you were con-
prepandemic levels by midyear, only 5 that runs the way it does day in and cerned about, the only thing it did—
percent of the $130 billion for K–12 day out should not be telling States you can cut all you want to. You can
schools gets spent this year, and none that run their operations responsibly manage all your money the way you
of it is tied to reopening our schools, that they cannot do what they want want. You just can’t take Federal
which many States had shut down with spending or taxation. money and use it if you cut your rev-
early and opened up late. My bill strikes the provision that enue intentionally. That is all. What
Included in this package is a whop- prohibits States’ ability to change rev- we try to do is target where the money
ping $350 billion for State and local enues as they see fit for their State’s has gone.
governments. I had a conversation with unique needs. So the Treasury, you have to go—as
our own Governor 2, 3 weeks ago. A Second, my bill strips out the report- a State, you go to the Treasury, and
place like Indiana, and I believe West ing requirement where States have to you show the need that you have. You
Virginia as well, probably runs bal- tell the Federal Government about show the cost—what COVID has cost
anced budgets. We do it with the guard- every revenue source and amount of your revenue and you are able to have
rail of a constitutional amendment. money they take in. This place ought money to replace that because COVID
Many other States, if they don’t have a to be doing that routinely to all the caused you that problem.
constitutional amendment, they have a people who send it revenue. You have also the ability to use this,
statute. In other words, you do what This bill has the support of over 25 in your State, for three things: water,
households do. You do what all busi- groups, including the American Legis- sewer, and internet service. So you
nesses do. You live within your means. lative Exchange Council, Americans have infrastructure that can be done.
And here, when you run your State for Prosperity, Americans for Tax Re- Also, what we did in this bill is we
governments in a way that in good form, Citizens Against Government have it going out to 2024, so you are not
times, you can’t make ends meet, and Waste, Club for Growth, going to overheat, if you will—over-
you look to the Federal Government to FreedomWorks, Heritage Action for heat or overcharge the economy. They
bail out your bad governance, it is a America, Independent Women’s Forum, can spread that out. The State and
whole nother issue. and the National Taxpayers Union, local moneys go in two tranches: Half
Even left-leaning economists and among others. We expect many more to this year, half next year is what you
think tanks are worried about what join in coming days. I am sure many can access. The money to every one of
this is going to do down the road be- stakeholders in Indiana and in West your communities—for the first time,
cause most of the time, you don’t feel Virginia not mentioned will throw in 40 percent of that total money goes di-
the repercussions until later. And, of support as well. rectly, so your large cities will get
course, that could show up in inflation. Lastly, I would like to thank the Fi- money directly from the Treasury.
It could show up in a way similar to nance Committee ranking member, They have to show how they are using
what we dealt with in the late seven- Senator CRAPO, for cosponsoring this it for their backfill, not, basically, hav-
ties and the early eighties. legislation—and others, including Sen- ing anything to do with what their tax
Forty-four States had surpluses last ators BLACKBURN, CAPITO, INHOFE, revenue is. They just can’t use this
year, when you look at COVID funding. MARSHALL, RUBIO, RICK SCOTT, TILLIS, money to backfill tax cuts if they want
Many places, like California, had sur- and Senator YOUNG from my home to do that. That is pretty simple be-
pluses. Then they reconfigured how State. cause there is not a need for it. If you
this was done not based on pro rata Madam President, I ask unanimous can reduce your taxes, then you don’t
population but rewarded the States consent that the Committee on Fi- need Federal dollars to backfill to
with the highest unemployment levels. nance be discharged from further con- show that you are in good shape. But if
It sounds bizarro to me. sideration of S. 730 and the Senate pro- you need it for anything else, you can
Governor Holcomb in Indiana has ceed to its immediate consideration. I use it for that. You can use it for all
done a great job balancing the econ- further ask that the bill be considered these things.
omy with public safety, and that is read a third time and passed and that I can tell you—I would assure you
why our unemployment rate is now the motion to reconsider be considered that every incorporated city in Indi-
close to a full employment rate. It was made and laid upon the table. ana, every county in Indiana has to be
the lowest in the Midwest going into it The PRESIDING OFFICER. Is there thrilled. They have to be thrilled for
because we have a good business cli- objection? the first time to have control of their
mate, and we have a low cost of living. Mr. MANCHIN. Reserving the right destiny. That was our intention.
Things work there. Sadly, the Demo- to object. In the first CARES package, that
crats’ bill punishes States like Indiana The PRESIDING OFFICER. The Sen- never happened. The first CARES pack-
for safely reopening. The higher a ator from West Virginia. age went directly to the Governors,
State’s unemployment rate, again, the Mr. MANCHIN. Madam President, my and if the Governors were very prudent
more bailout money you get propor- good friend the Senator from Indiana— in how they did it—set up a committee,
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tionately. I am hoping this is a misunder- worked through the legislature—some
But it goes one step further, and this standing, and I hope I can explain it be- did, some didn’t, and there is a lot of
is the part that caught my attention. I cause I was very much involved in this money that never got into the basic fi-
am interested in hearing the expla- process. bers of your State or my State. Now
nation for it. I think it was a sneaky First of all, as a former Governor, I that is not going to be the problem.
maneuver when you put it in such a know about the budget process. I know Also, they have the ability, if they
large bill that had other doozies like about balanced budgets. I used to meet have a water project they have been
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March 17, 2021 CONGRESSIONAL RECORD — SENATE S1601
trying to do forever and never had the bill that Senator MURKOWSKI and my- State has money for those three
resources to do it, they can use their self put in there. There was bipartisan- tranches of infrastructure. The coun-
money for that. ship in that. ties have it, and the municipalities
If they have a sewer project—I have There should have been a lot more; I have it. The unincorporated towns that
said this: How do we pick water, sewer, agree. We both know the process some- aren’t able to get money directly are
and internet? They are not the sexy times doesn’t work the way we want it going to count on the county and the
things that, basically, Governors and to. But you make every effort you can State.
politicians go out and cut ribbons for— to make it work. I did that. Whenever There is so much good to be done to
a sewer line or a water line that is bur- I talked, I said that this had bipartisan make it work for you to make sure
ied 50 feet down. That is not a sexy input. It didn’t come out as a bipar- they understand. They are elated to
thing. tisan vote, but there was bipartisan now have a project they never could
We knew the infrastructure was fall- input into this piece of legislation, the finish, like upgrade your services, fin-
ing apart city by city and the ages of best we possibly could. ish your water line, have internet serv-
water lines are over 80 years in most of I think it is a piece of legislation ice you have never had before. These
our cities. So we tried to do something. that we—if you have education, there are all unbelievable opportunities that
They have until 2024, so they don’t is not a school in America today that we have never had.
have to throw it out. It is not shovel- should not be able to have a program The bipartisan SMART Act that was
ready. It is a project you have been where they can make their school the filed in May 2020 included both of these
wanting to do but never could afford. safest environment that a child should guardrails, plus another one required
I assure you, we do not want to im- be in. Every parent should be safe in maintenance of effort. We have that in
pede good fiscal management to make thinking their children are in a safe there. Maintenance of effort—we put
adjustments to do whatever they want place because of heating, ventilation— that back then.
to their tax codes. This does not pro- things that we have in this bill that The Bipartisan State and Local Sup-
hibit that. It just prohibits using and allow education to have the resources port of Small Business Protections Act
going to the Federal Treasury and say- it needs and, also, your higher edu- that was released last December had
ing: I have a loss of revenue because I cation too. exactly the same language. This is not
cut $100 billion or I cut $100 million or The money that is going out—you new language, sir. This is the same lan-
a billion dollars out of my State budget have money going to the stimulus pay- guage that has been there.
when I reduced taxes, and now I can’t ments, going to all of your citizens at They have never been able to backfill
pay my bills. $75,000. We put a hard cap. We tried it for, basically, discretionary cuts that
Also, you can’t use this money from to put a hard cap at $75,000 and $150,000. they made themselves. It doesn’t pro-
the Federal Government for your pen- We found out the first CARES pack- hibit them, the same as it doesn’t pro-
sions. That is a responsibility that we age—I don’t think that anyone on the hibit anybody in their State for hav-
have. We call it OPEB, other postponed Republican side or the Democrat side ing—and being a former Governor, I am
employment benefits. OPEB is other thought someone making $200,000, very partial to the 10th Amendment to
postponed employment benefits—pen- $300,000 would be getting money. They the Constitution, States rights. You
sions, healthcare, all the things that didn’t need a check, but we found out have those rights. Now you have the
when a person retires from their State, it happened. We didn’t intend for that assistance also with those rights.
these are things that the State has a to happen. That is the way the code I am hoping to improve everyone’s
contract and an obligation for them in read, and that is the way it kind of situation. I know it does in West Vir-
their retirement. It is the responsi- slipped into that. We stopped that from ginia. I hope it does in Maine. I hope it
bility of the States to manage that, happening here. does in Indiana, and I think it will.
and that, basically, keeps the State in So we tried to do everything—and It is all about making these emer-
a good financial position. It keeps your that, again, came from our bipartisan gency funds get to the right people. We
credit rating up or your credit rating group. If it wasn’t for the bipartisan are trying to target it. It is something
low if you have managed yourself group talking and saying ‘‘This is we have to keep an eye on. I can tell if
through it. This is only to help you something we can’t do,’’ I would have we do it and do it right and we are good
with expenses and extraordinary ex- had things I might have missed. I stewards, this will get us through this
penses that you incurred during wouldn’t have known some things that COVID challenge that we have because
COVID. That is all, sir. were of concern to all of us and some of we really don’t know.
I don’t want the State of Indiana or the atrocities that happened that we I am hoping we come out of this guns
any State to think that they can’t do didn’t want to repeat. We did all the ablazing in July—we come out of this,
whatever they want to with their things we could to stop that. and the economy takes off like a rock-
taxes. They just can’t use the Federal I am very reluctant to object to any et. Sometimes when they take off, they
Treasury to backfill something done of my Senators, my fellow Senators, tend to level off too.
deliberately, basically, or self-in- but on this one, sir—if I can work with We want to make sure we are still
flicted—a loss of revenue. That is about you on this—I am objecting because I out there for 2022, 2023, out to 2024. And
it in a nutshell. want to have a productive sit-down if they do it and do it right, they can.
COVID–19 is the greatest challenge with you and we can work on some- They can finish their projects and be
we have ever had. I know you men- thing together. able to have the moneys as needed for
tioned a few things. I will tell you this Please tell your Governor that he can emergencies if it has a dip.
because my dear friend from Maine is cut away if he wants to. He just can’t With that, we thought we had worked
sitting here. We met quite a bit on the go back to the Federal Government something, but the language is nothing
bill in a bipartisan way, even though a and say: OK, I made a mistake. Now I new. It is not a surprise. It was not
lot of it did not get in. The bill was big- need your money. anything that was put in; it has been in
ger than what my friends—all of you, That is about it in a nutshell. If Indi- there. Basically, it is language that
my friends on the Republican side— ana can cut and it helps you and grows spells out pretty directly how you can
could basically vote for. I understand your economy, God bless you. If you use your money and what money you
that. have COVID expenses, we are going to can’t acquire. That is the only thing
But please understand there are an help you. If you have projects—my we did.
awful lot of things we talked about goodness, just infrastructure projects—
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I yield the floor.
that I did everything in my power to then there is no impediment there if The PRESIDING OFFICER. Is there
make sure the tranches—spreading you have internet services you need, if objection?
them out, not going it all at one time. you have water services, and you have Mr. MANCHIN. Yes, there is objec-
There is the RESTAURANTS Act. Sen- sewer services. tion.
ator WICKER and Senator SINEMA were In West Virginia, what we are trying The PRESIDING OFFICER. Objec-
on the RESTAURANTS Act. There to do right now is put a team together tion is heard.
was, basically, the homeless children’s that can basically work from this. The The Senator from Indiana.
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S1602 CONGRESSIONAL RECORD — SENATE March 17, 2021
Mr. BRAUN. My friend from West pede that whatsoever. We have also be a self-ingratiating way to where it
Virginia explained why this won’t im- looked at it constitutionally, and we will help you down the road, but you
pact Governors and legislatures in are solid on the Constitution. still can’t backfill for that.
terms of what they can do with their All we are asking is, does the Federal Now, for any COVID expenses you
own fiscal policy. I would say my Government have a responsibility to have, absolutely, you can fill that hole.
friend the Senator from West Virginia backfill with Treasury dollars a deci- Show that you have had COVID ex-
probably ought to check with Governor sion that could be self-inflicted? That penses. If you were to say, ‘‘OK. We
Justice and his legislature to see if is all. You should live with that or my filled all of our holes for COVID, and
they are on the same wavelength there. State should live with it or reap the now we have water, sewer, and inter-
When we got input in bringing this benefits. We are not penalized. Even if net’’—and trust me, there is not a
up as an issue and when you are talk- your revenues went up, you still had place in Indiana or in West Virginia
ing about the American Legislative Ex- COVID expenses you could offset. that doesn’t need help there.
change Council, Americans for Tax Re- Those were legitimate expenses that I thank the Senator. I appreciate it.
form, Citizens Against Government you incurred during the COVID–19 pan- I yield the floor.
Waste—I won’t repeat the rest of the demic. The COVID–19 pandemic is what The PRESIDING OFFICER. The Sen-
list—I think it would get down to se- we are talking about. So if your reve- ator from Maine.
(The remarks of Ms. COLLINS per-
mantics in this sense: What do you do nues went up after that, we are not pe-
taining to the introduction of S. 804 are
if you want to cut tax rates? Then, just nalizing you. If they went down, that is
printed in today’s RECORD under
like pre-COVID, we cut taxes, and reve- a whole other story because COVID ‘‘Statements on Introduced Bills and
nues went up for 3 to 4 years. caused that, but you just can’t cause it Joint Resolutions.’’)
How do you measure that com- yourself. I think this is it in a nutshell. Ms. COLLINS. I yield the floor.
plicated equation? In many cases, when Mr. BRAUN. Will the Senator yield? The PRESIDING OFFICER. The Sen-
you cut rates, you find a new sweet Mr. MANCHIN. Yes, I will yield. ator from North Carolina.
spot where you generate more tax rev- Mr. BRAUN. I think it begs the ques- PROTECT AND SERVE ACT
enue. How would you sort all of that tion in that, by cutting taxes, you are Mr. TILLIS. Mr. President, I rise in
out? Then, if it were not based upon pe- going to lower gross tax revenues, and support of the brave, hard-working
nalizing States that are most apt to that has been a discussion we have all men and women who serve as law en-
lower their tax rates because of how had for many years. forcement officers in our communities
good their economies were pre-COVID, I know in places like Indiana—and we across the Nation. Men and women in
it would be a different issue as well. just had it occur here with the Tax law enforcement risk life and limb
So I am willing to listen in terms of Cuts and Jobs Act at the Federal every day to protect public safety and
how that does play out, but for now, I level—that the CBO—and I was work- preserve the rule of law. They truly are
am going to view it as something, I ing with it—was getting close to saying American heroes.
think, that is not going to sit well with its original forecast of when you had a In recognition of their remarkable
many States, their Governors, or their tax cut, which was $1.5 trillion over 10 service and sacrifice, I am reintro-
legislatures and that has a possibility years, $150 billion per year, wasn’t ducing the Protect and Serve Act. I
of being taken to court as being some- working out that way because there is hope every Senator agrees we must do
thing that might be unconstitutional. the phenomenon called: When you find everything we can to support the men
If I am off base, I am willing to listen, the sweet spot of taxation, you can cut and women in blue. I also call on my
but I will probably have to bring some taxes and generate more revenue. Then colleagues to support this common-
other parties in to make sure that this you penalize a good fiscal move by the sense legislation. It is my hope that
isn’t a case of semantics and is real ac- way you are interpreting your reading. this legislation will unite us on a bi-
cording to the way you explain it. I am willing to get into the nuance to partisan basis to support those heroes
Mr. MANCHIN. Will the Senator see if that would muster that par- who keep us safe.
yield? ticular case, but I don’t think it would. I can think of no better example of
Mr. BRAUN. Yes, I will yield. Mr. MANCHIN. Will the Senator why we need this legislation than the
Mr. MANCHIN. First of all, I did have yield? events of January 6, right here in this
a nice conversation with Governor Jus- Mr. BRAUN. Yes, I will yield. Chamber and across the Capitol. While
tice. He and I have disagreed on basic Mr. MANCHIN. Senator BRAUN has a ruthless, anarchist mob sought to
issues on Tax Code legislation, and we always been very kind and very reason- disrupt and destroy our democracy,
are trying to work through all of that. able, and I look forward to sitting Capitol Police officers bravely kept us
I explained it to him. I said that it down with him on this. safe from harm while they were being
doesn’t do a thing in that it doesn’t im- What he has said is absolutely cor- viciously attacked by the violent mob.
pede you at all. If you want to cut, go rect in that we are not penalizing. We Many of my colleagues saw this first-
ahead and cut. He is still moving don’t intend to penalize anybody who hand while they were getting us into a
through with the legislation. He might has made that decision, but the Sen- safe position as the events unfolded
succeed on that, and he might not. ator is talking about a State that has that day.
With that, I will make it very clear a balanced budget amendment year in Because this attack occurred in DC,
that this is not new language. You can- and year out. There is a time when a though, there are only limited laws in
not backfill. You cannot backfill. The Governor has to make a decision and place to prosecute those who would as-
only thing you can use your money for go to his legislature and say: Hey, we sault a law enforcement officer. Under
is for COVID expenses. Basically, if are going to be X amount of dollars current law, a criminal who assaults a
your revenues were down through no short, so we need to cut. So they start law enforcement officer with a deadly
fault of your own, business dropped off, cutting and cutting services. That is weapon or who inflicts bodily injury
and your tax collections were down what happens in order to balance the could receive anywhere from a fine to
through no fault of your own, then that budget usually—services are cut to the 20 years in prison. Under the Protect
is what this is for. COVID caused you a people. and Serve Act, these violent criminals
problem. It caused you an imposition We are just saying in our piece of leg- will receive an additional 10 years in
and put strain on the services that you islation here that we have that we prison if they assault an officer, and if
are basically providing to the people of don’t want that to happen because it is they murder or kidnap a law enforce-
West Virginia and Indiana. of no fault of your own, but if you cut
SSpencer on DSK126QN23PROD with SENATE
ment officer, they could be given life
We want to make sure that your first your taxes and you are thinking, well, sentences.
responders are there and your edu- 5 years down the road, we are going to This would apply not only to Federal
cation is there, that everything is still have more revenue, then that is fine. law enforcement and Federal prop-
running the way it is supposed to. That You just can’t backfill for that short erties, but it could also be used to pros-
is why we have passed five bills in try- period of time and use it for something ecute criminals at the State and local
ing to keep things afloat, and we think for which you have cut revenues, basi- levels who target law enforcement offi-
we have done that. So it does not im- cally, in a self-inflicting way. It might cers. This Federal law would ensure
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