Congressional Record, Senate, March 25, 2021 — PPP Extension Act of 2021, H.R. 1799

Summary

Page S1800 of the Senate section of the Congressional Record for March 25, 2021, in interleaved columns, recording passage of H.R. 1799, the PPP Extension Act of 2021, with a roll call showing 7 nays and 1 not voting. A letter from the NFIB, signed by Kevin Kuhlman, supports the bill, and Ms. Collins urges a yes vote on a 2-month extension of the PPP, which she says saved more than 50 million jobs. Another speaker criticizes a condition on Federal funding that bars States from using American Rescue Plan money for tax cuts, and Mr. Schumer moves to proceed to S. 937, the COVID-19 Hate Crimes Act, and files a cloture motion.

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“Congressional Record, Senate, March 25, 2021 — PPP Extension Act of 2021, H.R. 1799.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-25-crec-2021-03-25-pt1-pgs1800-7cc435b605/, SHA-256 42996ac4072cb3688476ac57fd412a96b1fcef332d98c5920d692ba12b5e5687.

Full text

S1800 CONGRESSIONAL RECORD — SENATE March 25, 2021
NFIB supports H.R. 1799, the PPP Exten- Portman Scott (SC) Tuberville It imposes an ambiguous condition
sion Act of 2021 and will consider final pas- Reed Shaheen Van Hollen
Romney Sinema Warner
on Federal funding; it results in Fed-
sage of the legislation as an NFIB Key Vote eral conditions that don’t relate to the
Rosen Smith Warnock
for the 117th Congress. Rounds Stabenow Warren Federal interest for which the program
Sincerely, Rubio Sullivan
KEVIN KUHLMAN,
Whitehouse was established; it violates separation
Sanders Tester Wicker
Vice President, Schatz Thune of powers and fundamental democratic
Wyden
Federal Government Relations, NFIB. Schumer Tillis
Young
principles and effectively commandeers
Scott (FL) Toomey half of the States’ fiscal ledgers; and,
Ms. COLLINS. Mr. President, I urge
all of our colleagues to vote yes on this NAYS—7 ultimately, it is unconstitutionally co-
bill, which will provide a crucial 2- Crapo Lee Shelby ercive.
month extension for the Paycheck Pro- Cruz Paul Treasury said last week that States
Hawley Risch can still cut their taxes; they just can’t
tection Program.
This program has been a lifeline to NOT VOTING—1 use American Rescue Plan money to do
countless small businesses and has Sasse it. But Governors and State legisla-
saved more than 50 million jobs in this tures are still confused.
The bill (H.R. 1799) passed. One midwestern attorney general has
country. The PRESIDING OFFICER (Mr. VAN
I salute my colleagues Senator asked a Federal judge to block the tax
HOLLEN). The majority leader. cut prohibition. Multiple tax profes-
CARDIN and Senator SHAHEEN for their f
work on this extension, which was sionals and outside groups say there
overwhelmingly passed by the House. PREVENTING ACROSS-THE-BOARD are many questions still left unan-
Let’s talk about briefly what would DIRECT SPENDING CUTS swered.
We can stop this entire mess by
happen if we do not act. If we do not Mr. SCHUMER. Mr. President, I ask adopting my amendment, the Let
act, there are approximately 190,000 unanimous consent that the Senate States Cut Taxes Act, an amendment
loans still under review, which pre- proceed to the immediate consider- to stop the Federal Government’s un-
vents any of these businesses from re- ation of H.R. 1868; that the Shaheen- constitutional overreach on States’
ceiving a second PPP loan. These small Collins substitute amendment No. 1410 rights.
businesses need this assistance now in and the Scott of Florida amendment Therefore, I ask that the Senator
order to pay their employees and stay No. 1411 be made pending and reported modify his request to include my
afloat during this pandemic. by number; further, that the Senate amendment, which is at the desk, and
We cannot wait. The House has gone vote in relation to the Scott amend- that following disposition of the Scott
home. We cannot allow an interruption ment and the substitute, that upon dis- amendment, the Senate vote on my
of this vital program that has made position of the amendments, the bill be amendment with a 60-affirmative-vote
such a difference to our small busi- considered read a third time, the Sen- threshold for adoption.
nesses and their employees. ate vote on passage of the bill as The PRESIDING OFFICER. Does the
I urge all of my colleagues to support amended, if amended, with 60 affirma- Senator so modify his request?
this 2-month extension, with an addi- tive votes required for passage; further, The Senator from West Virginia.
tional month for SBA to review the ap- that there be 2 minutes for debate, Mr. MANCHIN. Mr. President, I re-
plications. equally divided, prior to each vote; and serve the right to object.
VOTE ON H.R. 1799 finally, that the motions to reconsider I have a statement to make.
The PRESIDING OFFICER. The bill be considered made and laid upon the Last week, my friend from Indiana
having been read the third time, the table, all with no intervening action or and I were last down here discussing
question is, Shall the bill pass? debate. this issue.
Mr. CARDIN. I ask for the yeas and The PRESIDING OFFICER. Is there There seemed to be a lot of confusion
nays. objection? about the Treasury—or how the Treas-
The PRESIDING OFFICER. Is there a The Senator from Indiana. Mr. ury would interpret the net tax rev-
sufficient second? BRAUN. Mr. President, reserving the enue provision. There seemed to be a
There appears to be a sufficient sec- right to object, I rise today to ask sup- fear that this language would prevent
ond. port of this body to fix a problem in States from cutting any taxes whatso-
The clerk will call the roll. the American Rescue Plan, a bill that ever.
The bill clerk called the roll. was passed in a rushed manner with no And the good news is that we re-
Mr. THUNE. The following Senator is input from Republicans. ceived some guidance earlier this week
necessarily absent: the Senator from I do not rise today to debate the un- from Secretary Yellen that should put
Nebraska (Mr. SASSE). derlying bill, although there could be those concerns to bed once and for all.
Further, if present and voting, the plenty to debate about it, but to make Mr. President, I ask unanimous con-
Senator from Nebraska (Mr. SASSE) the point we can multitask and address sent to have printed in the RECORD the
would have voted ‘‘yea.’’ more than one time-sensitive issue at a letter from Secretary Yellen.
The result was announced—yeas 92, time. There being no objection, the mate-
nays 7, as follows: We need to protect senior citizens rial was ordered to be printed in the
[Rollcall Vote No. 140 Leg.] and ensure we aren’t making cuts to a RECORD, as follows:
YEAS—92 vital program like Medicare, and today DEPARTMENT OF THE TREASURY,
we will do that. Washington, DC, March 23, 2021.
Baldwin Cotton Kelly
Barrasso Cramer Kennedy But we have another issue that we Hon. MARK BRNOVICH,
Bennet Daines King can address today as well. Attorney General, State of Arizona,
Blackburn Duckworth Klobuchar In the American Rescue Plan, Demo- Phoenix, AZ.
Blumenthal Durbin Lankford DEAR ATTORNEY GENERAL BRNOVICH: I
Blunt Ernst Leahy
crats punished red States, like Indiana,
write in reply to your March 16, 2021 letter
Booker Feinstein Luján for keeping unemployment low, by tak- regarding Treasury’s implementation of sec-
Boozman Fischer Lummis ing a smart approach to COVID, by bal- tion 9901 of the American Rescue Plan Act
Braun Gillibrand Manchin ancing public safety with the economy.
Brown Graham Markey (the ‘‘Act’’), which provides funds to States,
Burr Grassley Marshall Now they want to tell States that territories, Tribal governments, and local-
Cantwell Hagerty McConnell they can’t cut taxes through 2024, de- ities to help them manage the economic con-
Capito Hassan Menendez spite being good stewards day in and sequences of COVID–19.

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Cardin Heinrich Merkley In the Act, Congress has provided funding
Carper Hickenlooper Moran
day out of taxpayer money over the
to help States manage the public health and
Casey Hirono Murkowski past year.
economic consequences of COVID–19 and it
Cassidy Hoeven Murphy This provision is so troubling that 21 has given States considerable flexibility to
Collins Hyde-Smith Murray State AGs sent a letter to the Treasury
Coons Inhofe Ossoff use that money to address the diverse needs
Cornyn Johnson Padilla raising the following concerns about of their communities. At the same time,
Cortez Masto Kaine Peters the tax cut prohibition: Congress placed limitations to ensure that

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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1801
the money is used to achieve those pur- That you choose, unless it is COVID ing within their means. Most of the
poses—including provisions stating that this related. It makes all the sense in the rest of the country accepts that as
funding may not be used to offset a reduc- world. It has to be COVID related. well.
tion in net tax revenue resulting from cer-
tain changes in state law. If States lower certain taxes but do not use Given the looming April 1 deadline
It is well established that Congress may funds under the Act to offset those cuts—for for cuts to return to Medicare, I am
place such reasonable conditions on how example, by replacing the lost revenue not willing to let Hoosier seniors suf-
States may use federal funding. Congress in- through other means—the limitation in the fer. As a result, I will withdraw my
cludes those sorts of reasonable funding con- Act is not implicated. amendment in the interest of seniors
ditions in legislation routinely, including They can do whatever they want to. across Indiana.
with respect to funding for Medicaid, edu- And if they can show other revenue to
cation, and highways. Here, the Act provides I look forward to working with the
a broad outlay of federal funds, and accord-
offset it, that is great. They just can- two leaders after the recess to fix this
ingly includes restrictions to ensure that not use the Treasury’s money that the issue. I will not object.
those funds are properly applied. Earlier people have invested in their States for The PRESIDING OFFICER. Without
COVID–19 relief measures providing state that purpose. objection, it is so ordered.
funding also included restrictions that It also says this: Under the previous order, the Senate
barred States from spending those funds on It is . . . important to note that the States will proceed to the consideration of
certain ineligible expenditures. choosing to use the Federal funds to offset a
Nothing in the Act prevents States from H.R. 1868, which the clerk will report.
reduction in net tax revenue do not thereby The senior assistant legislative clerk
enacting a broad variety of tax cuts. That is,
forfeit their entire allocation of funds appro- read as follows:
the Act does not ‘‘deny States the ability to
priated under this statute.
cut taxes in any manner whatsoever.’’ It A bill (H.R. 1868) to prevent across-the-
simply provides that funding received under They have alluded to that, which is board direct spending cuts, and for other
the Act may not be used to offset a reduction not accurate. purposes.
in net tax revenue resulting from certain The limitation affects States’ ability to re-
changes in state law. If States lower certain
The PRESIDING OFFICER. Under
tain only those Federal funds used to offset the previous order, the clerk will now
taxes but do not use funds under the Act to a reduction in . . . tax revenue resulting
offset those cuts—for example, by replacing from certain changes in [the] state law.
report the amendments numbered 1410
the lost revenue through other means—the and 1411 by number.
limitation in the Act is not implicated. That is it. That is not—and these are
AMENDMENT NO. 1410
It is also important to note that States all supposed to be educated attorneys
choosing to use the federal funds to offset a that are writing letters wanting expla- The senior assistant legislative clerk
reduction in net tax revenue do not thereby nations. read as follows:
forfeit their entire allocation of funds appro- This is as common sense as it gets. It The Senator from New Hampshire [Mrs.
priated under this statute. The limitation af- SHAHEEN] for herself and Ms. COLLINS pro-
is a bipartisan guardrail to simply
fects States’ ability to retain only those fed- poses an amendment numbered 1410.
eral funds used to offset a reduction in net make sure the emergency funds make
it to the people who need it most, and The amendment is as follows:
tax revenue resulting from certain changes
in state law. the States can do whatever they think (Purpose: In the nature of a substitute)
Treasury is crafting further guidance—in- they should do and could do. Strike all after the enacting clause and in-
cluding guidance to address more specifi- As a former Governor, I would have sert the following:
cally the issues raised by your letter and the been offended if I thought it was ham- SECTION 1. EXTENSION OF TEMPORARY SUSPEN-
procedures Treasury will use for any future SION OF MEDICARE SEQUESTRA-
pered. I am not. I have got to make TION.
recoupment—that will provide additional in-
formation about how this provision will be good decisions here. I have other rev- (a) EXTENSION.—
administered. We will provide this guidance enue coming in. I want to cut this tax. (1) IN GENERAL.—Section 3709(a) of division
before a State must submit a certification That is fine. I just can’t cut a tax to be A of the CARES Act (2 U.S.C. 901a note) is
under 602(d)(1). We also expect to engage in popular and then say: OK. Mr. Senators amended by striking ‘‘March 31, 2021’’ and in-
an ongoing dialogue throughout the pro- here, please send us money so we can serting ‘‘December 31, 2021’’.
gram. be popular back home but use your (2) EFFECTIVE DATE.—The amendment
These funds will provide transformative re- made by paragraph (1) shall take effect as if
lief to States, territories, and Tribal govern-
money to make us look good. That is
enacted as part of the CARES Act (Public
ments, and our communities should be able about it in a nutshell.
Law 116–136).
to use the funds to recover from the eco- So it is for those reasons, and many, (b) OFFSET.—Section 251A(6)(C) of the Bal-
nomic fallout due to the pandemic, which is many more, I object. anced Budget and Emergency Deficit Control
what Congress intended. I hope to work with The PRESIDING OFFICER. Objec- Act of 1985 (2 U.S.C. 901a(6)(C)) is amended—
your State, as well as others across the tion is heard to the modification. (1) in clause (i)—
country, to ensure these funds can be used in Is there objection to the original re- (A) by striking ‘‘first 6 months’’ and insert-
ways that align with the goals of the statute ing ‘‘first 5 1⁄2 months’’;
quest?
without undue restrictions. (B) by striking ‘‘4.0 percent’’ and inserting
Sincerely, Mr. BRAUN. Reserving the right to
object, coming from the world of busi- ‘‘2.0 percent’’; and
JANET L. YELLEN. (C) by striking ‘‘and’’ at the end;
Mr. MANCHIN. Mr. President, I will ness, I have been dismayed by Washing- (2) in clause (ii)—
enter this letter into the RECORD, but I ton’s inability to fix problems in a (A) by striking ‘‘second 6 months’’ and in-
would like to read the key sentences. timely, rational manner, and that has serting ‘‘6-month period beginning on the
And to the Senator from Indiana, if I been over a stretch of many years be- day after the last day of the period described
could read this letter to you and to fore I got here. in clause (i)’’; and
I do, respectfully, disagree with my (B) by striking ‘‘0.0 percent.’’ and inserting
make sure that—I don’t know how—I ‘‘4.0 percent; and’’; and
have spoken to my attorney general, friend from West Virginia. We should
fix this tax cut prohibition right now (3) by adding at the end the following:
who was one of the original cosigners, ‘‘(iii) with respect to the remaining 1⁄2
and I said: Mr. Attorney General, I that was forced into the American Res- month in which such order is so effective for
want to explain this in English because cue Plan in the wee hours of the morn- such fiscal year, the payment reduction shall
it is very easy to understand. It says ing. be 0.0 percent.’’.
this: If we want to fix a commonsense SEC. 2. TECHNICAL CORRECTIONS.
Nothing in the Act prevents States from problem, we are being told that our (a) RURAL HEALTH CLINIC PAYMENTS.—
enacting a broad variety of tax cuts. only choice is to hold Hoosier seniors (1) IN GENERAL.—Section 1833(f)(3) of the
Do whatever you want. hostage. This is the most deliberative Social Security Act (42 U.S.C. 1395l(f)(3)) is
body in the world; this cannot be the amended—
That is, the Act does not ‘‘deny States the
best the Senate has to offer. (A) in subparagraph (A)—
ability to cut taxes in any manner whatso-

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We must get the Federal Government (i) in clause (i), by striking subclauses (I)
ever.’’
and (II) and inserting the following:
This comes from the Secretary of out of the way and stop complicating ‘‘(I) with respect to a rural health clinic
Treasury. and confusing States. They should be that had a per visit payment amount estab-
It simply provides that funding received allowed to do their jobs. lished for services furnished in 2020—
under the Act may not be used to offset a re- And, by the way, they do their jobs— ‘‘(aa) the per visit payment amount appli-
duction. . . . balancing their budgets every year, liv- cable to such rural health clinic for rural

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S1802 CONGRESSIONAL RECORD — SENATE March 25, 2021
health clinic services furnished in 2020, in- House. Speaker PELOSI gets to push If the Scott amendment passes, hos-
creased by the percentage increase in the around our new majority leader and pital care for half of the children in
MEI applicable to primary care services fur- my Democratic colleagues, and they California and the vulnerable popu-
nished as of the first day of 2021; or
get nothing in return. lations most affected by COVID would
‘‘(bb) the limit described in paragraph
(2)(A); and
This bill is a bailout for Speaker be at risk.
‘‘(II) with respect to a rural health clinic PELOSI and gives California’s Please vote no on this amendment.
that did not have a per visit payment healthcare system the ability to claim VOTE ON AMENDMENT NO. 1411
amount established for services furnished in up to 175 percent of uncompensated The PRESIDING OFFICER. The
2020— care costs in their DSH Program while question is on agreeing to the Scott
‘‘(aa) the per visit payment amount appli- all the other States can only claim up
cable to such rural health clinic for rural amendment.
to 100 percent of costs. Mr. SCOTT of Florida. Mr. President,
health clinic services furnished in 2021; or How is that fair to Florida?
‘‘(bb) the limit described in paragraph How can the majority leader and my I ask for the yeas and nays.
(2)(A); and’’; and
new colleagues from Georgia, Colorado, The PRESIDING OFFICER. Is there a
(ii) in clause (ii)(I), by striking ‘‘under sufficient second?
clause (i)(I)’’ and inserting ‘‘under subclause New Mexico, and Arizona justify a vote
that is unfair to their States? Well, There appears to be a sufficient sec-
(I) or (II) of clause (i), as applicable,’’; and ond.
(B) by striking subparagraph (B) and in- welcome to Pelosi’s U.S. Senate.
serting the following: Seriously, how can anyone in this The clerk will call the roll.
‘‘(B) A rural health clinic described in this body, except, perhaps, my two col- The senior assistant legislative clerk
subparagraph is a rural health clinic that— leagues from California, possibly jus- called the roll.
‘‘(i) as of December 31, 2020, was in a hos- tify voting against this amendment? Mr. THUNE. The following Senators
pital with less than 50 beds and after such This is a very simple concept. All 50 are necessarily absent: the Senator
date such hospital continues to have less from Nebraska (Mr. SASSE), the Sen-
States should be treated equally. One
than 50 beds (not taking into account any in-
State should not be given special treat- ator from Kansas (Mr. MORAN), and the
crease in the number of beds pursuant to a
waiver under subsection (b)(1)(A) of section ment over the others. This is a bailout Senator from Mississippi (Mrs. HYDE-
1135 during the emergency period described for Speaker PELOSI, period. SMITH).
in subsection (g)(1)(B) of such section); and I want to be very clear. I oppose any Further, if present and voting, the
‘‘(ii)(I) as of December 31, 2020, was en- cuts to Medicare benefits. So what I Senator from Kansas (Mr. MORAN)
rolled under section 1866(j) (including tem- am offering protects Medicare benefits, would have voted ‘‘yea’’ and the Sen-
porary enrollment during such emergency and the only change it makes to this ator from Nebraska (Mr. SASSE) would
period for such emergency period); or bill is to strip out this ridiculous have voted ‘‘yea.’’
‘‘(II) submitted an application for enroll-
Pelosi bailout. The PRESIDING OFFICER. Are there
ment under section 1866(j) (or a request for
such a temporary enrollment for such emer-
The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de-
gency period) that was received not later ator’s time has expired. siring to vote or to change their vote?
than December 31, 2020.’’. Mr. SCOTT of Florida. Mr. President, The result was announced—yeas 47,
(2) EFFECTIVE DATE.—The amendments I ask unanimous consent that I have nays 50, as follows:
made by this subsection shall take effect as another 30 seconds. [Rollcall Vote No. 141 Ex.]
if included in the enactment of the Consoli- The PRESIDING OFFICER. Without
dated Appropriations Act, 2021 (Public Law YEAS—47
objection, it is so ordered.
116–260). Mr. SCOTT of Florida. What I am of- Barrasso Fischer Portman
(b) ADDITIONAL AMOUNT FOR CERTAIN HOS- Blackburn Graham Risch
fering protects Medicare benefits, and Blunt Grassley Romney
PITALS WITH HIGH DISPROPORTIONATE
SHARE.—Effective as if included in the enact-
the only change it makes to this bill is Boozman Hagerty Rounds
to strip out this ridiculous Pelosi bail- Braun Hawley Rubio
ment of section 203(a) of title II of division Burr Hoeven
out. Scott (FL)
CC of Public Law 116–260, subsection (g) of Capito Inhofe
A vote for my amendment is a vote Scott (SC)
section 1923 of the Social Security Act (42 Cassidy Johnson Shelby
U.S.C. 1396r–4), as amended by such section, to ensure that all 50 States play by the Collins Kennedy
Sullivan
is amended by adding at the end the fol- same rules. It is to preserve the cur- Cornyn Lankford
Thune
lowing: Cotton Lee
rent law. Cramer Lummis
Tillis
‘‘(3) CONTINUED APPLICATION OF GRAND- A vote against my amendment is a Crapo Marshall Toomey
FATHERED TRANSITION RULE.—Notwith- vote to say that your State plays by Cruz McConnell Tuberville
standing paragraph (2) of this subsection (as Daines Murkowski Wicker
the rules, but PELOSI gets her own set Young
in effect on October 1, 2021), paragraph (2) of Ernst Paul
this subsection (as in effect on September 30, of rules.
2021, and as applied under section 4721(e) of I yield the floor. NAYS—50
the Balanced Budget Act of 1997, and amend- The PRESIDING OFFICER. The Sen- Baldwin Hickenlooper Reed
ed by section 607 of the Medicare, Medicaid, ator from California is recognized. Bennet Hirono Rosen
Mrs. FEINSTEIN. Mr. President, I Blumenthal Kaine Sanders
and SCHIP Balanced Budget Refinement Act
Booker Kelly Schatz
of 1999 (Public Law 106–113)) shall apply in rise in strong opposition to this amend- Brown King Schumer
determining whether a payment adjustment ment. Cantwell Klobuchar Shaheen
for a hospital in a State referenced in section The bill before us today fixes a draft- Cardin Leahy Sinema
4721(e) of the Balanced Budget Act of 1997 ing error from legislation enacted last Carper Luján Smith
during a State fiscal year shall be considered Casey Manchin
December. The unintentional error oc- Coons Markey
Stabenow
consistent with subsection (c).’’. Tester
curred accidentally against a long- Cortez Masto Menendez
AMENDMENT NO. 1411 TO AMENDMENT NO. 1410 Van Hollen
standing rule under which California is Duckworth Merkley
Warner
The senior assistant legislative clerk Durbin Murphy
able to use Medicaid funding to reim- Feinstein Murray Warnock
read as follows: burse hospitals serving uninsured and Gillibrand Ossoff Warren
The Senator from Florida [Mr. SCOTT] pro- Medicaid patients. Hassan Padilla Whitehouse
poses an amendment numbered 1411 to Today’s bill fixes that drafting error. Heinrich Peters Wyden
amendment No. 1410. It makes no other changes to law and NOT VOTING—3
The amendment is as follows: does not provide additional funds to Hyde-Smith Moran Sasse
(Purpose: To improve the bill) California or any other State. CBO
Strike section 2(b). says that this provision has no budg- The amendment (No. 1411) was re-
The PRESIDING OFFICER. There etary effect. jected.
will now be 2 minutes of debate, equal- Because of the sheer number of Med- AMENDMENT NO. 1410

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ly divided, prior to a vote in relation to icaid and uninsured patients that re- The PRESIDING OFFICER. There
amendment No. 1411. ceive care in California’s safety net will be 2 minutes of debate on the Sha-
The Senator from Florida is recog- hospitals, Congress, in 1997, granted heen-Collins amendment.
nized. the State additional flexibility. It can The Senator from New Hampshire.
Mr. SCOTT of Florida. Mr. President, use Federal funds it receives to cover Mrs. SHAHEEN. If we are quiet, we
it must be nice to be the Speaker of the hospital expenses for those in need. will be quick.

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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1803
I urge my colleagues on both sides of continue to pay their workers, and pro- communities that would share similar
the aisle to come together and help en- vide much-needed financial relief for stories.
sure that our Nation’s hospitals, nurs- healthcare providers on the frontlines We need to provide them with more
ing homes, physicians, and other of this pandemic. financial support so that they can be
healthcare providers have the support A year later, we can start to see the there to care for patients, as we con-
they need to get through the COVID–19 light at the end of the very long tunnel tinue to make progress in combating
pandemic. that is this public health crisis. More this pandemic.
This substitute amendment that Sen- than 100 million doses of COVID–19 vac- We cannot allow our hospitals and
ator COLLINS and I are offering is a cines have been administered across healthcare providers to go under as we
compromise that delays the Medicare the country. And we are starting to see fight through the worst public health
payment cuts through December 31 and job growth as more companies start crisis of our lifetimes.
ensures that the cost of this delay is hiring again. I urge my colleagues to come to-
paid for. However, with hundreds of millions gether again, like we did in the CARES
I hope you will support it. of Americans still needing to be vac- Act, and support this legislation when
Senator COLLINS. cinated and the threat of COVID–19 it comes up for a vote today.
Ms. COLLINS. Mr. President. variants still looming, we need to con- Thank you.
The PRESIDING OFFICER. The Sen- tinue to support our frontline The PRESIDING OFFICER. The Sen-
ator from Maine. healthcare providers and help keep ator from Oregon.
Ms. COLLINS. Mr. President, I rise them financially strong for the months Mr. WYDEN. Mr. President, 30 sec-
today to support the Shaheen-Collins ahead. onds’ worth.
substitute to prevent a cut in Medicare That is why Senator COLLINS and I First of all, we are protecting the
reimbursements for hospitals, nursing came together to introduce the Medi- lifeline for senior citizens by delaying
homes, home health agencies and other care Sequester Relief Act, a bill that the sequester cut to Medicare. We
healthcare providers who continue to would suspend the 2 percent Medicare would have extraordinary problems if
care for their patients in this era of payment cuts that are scheduled to hit this cut were to be allowed to take ef-
COVID. Congress twice last year sus- healthcare providers starting on April fect.
pended the 2-percent Medicare seques- 1. Second, we have defeated the Scott
ter in bipartisan COVID relief pack- As a result of the CARES Act and amendment which, if adopted, would
ages, and I hope we can do so once through subsequent relief measures, have set a horrible precedent by refus-
again. these payment cuts have been sus- ing to fix Congress’s mistake and forc-
At a time when our country is rely- pended through March 31, and they ing hospitals in one Senator’s State to
ing so heavily on our healthcare pro- need to be suspended again. take on draconian Medicaid cuts.
viders to help get us back to normal, With American hospitals and nursing I urge an ‘‘aye’’ vote.
we cannot ignore the financial realities homes projecting tens of billions of VOTE ON H.R. 1868
they face. Almost half—17 out of 36—of dollars in additional financial losses
Maine hospitals finished last year with The PRESIDING OFFICER. The bill
this year due to the COVID–19 crisis,
a negative operating margin. Accord- having been read the third time, the
we need to continue to avert these
ing to Northern Light Health in Maine, question is, Shall the bill pass, as
Medicare payment cuts until we are
relief from the Medicare sequester amended?
further past the worst of the pandemic.
amounts to $1 million per month. The substitute amendment that Sen- Mr. MANCHIN. I ask for the yeas and
The Shaheen-Collins amendment will ator COLLINS and I are offering today is nays.
extend the current sequester morato- a reasonable compromise. It delays the The PRESIDING OFFICER. Is there a
rium until the end of the year. This fi- Medicare payment cuts through De- sufficient second?
nancial certainty is needed in these un- cember 31. And it ensures that the cost There appears to be a sufficient sec-
certain times. of this delay is paid for, so that we do ond.
I urge my colleagues to support the not increase the Federal budget deficit. The PRESIDING OFFICER. The
Shaheen-Collins substitute. This week, I heard from Wentworth- clerk will call the roll.
Thank you. Douglass Hospital in Dover, NH. The legislative clerk called the roll.
VOTE ON AMENDMENT NO. 1410 They highlighted that this legisla- Mr. THUNE. The following Senators
tion would result in $2.1 million in des- are necessarily absent: the Senator
The PRESIDING OFFICER. The
perately needed additional revenue for from Wyoming (Mr. BARRASSO), the
question is on agreeing to the amend-
the hospital. Senator from Texas (Mr. CORNYN), the
ment.
The hospital’s chief financial officer, Senator from Texas (Mr. CRUZ), the
The amendment (No. 1410) in the na-
Peter Walcek told me: ‘‘These are real Senator from Mississippi (Mrs. HYDE-
ture of a substitute was agreed to.
The PRESIDING OFFICER. Under dollars supporting our organization’s SMITH), the Senator from Wisconsin
the previous order, the bill is consid- recovery from tens of millions in lost (Mr. JOHNSON), the Senator from Kan-
ered read a third time. revenue and added costs during the sas (Mr. MORAN), the Senator from Ne-
The amendments were ordered to be pandemic. . . . By passing a continued braska (Mr. SASSE), and the Senator
engrossed and the bill to be read a moratorium through 2021, Wentworth- from Alabama (Mr. TUBERVILLE).
third time. Douglass will be in a better place to Further, if present and voting, the
The bill was read the third time. care for those in need and respond to Senator from Kansas (Mr. MORAN)
The PRESIDING OFFICER. There any future crisis affecting the health of would have voted ‘‘yea.’’
are 2 minutes of debate. our community.’’ The result was announced—yeas 90,
Mrs. SHAHEEN. Mr. President, I rise I also heard about the importance of nays 2, as follows:
today to urge my colleagues on both Medicare sequester relief for New [Rollcall Vote No. 142 Ex.]
sides of the aisle to come together and Hampshire nursing homes. Patricia YEAS—90
help ensure that our Nation’s hos- Ramsey, from the Edgewood Centre Baldwin Cassidy Grassley
pitals, nursing homes, physicians, and nursing facility in Portsmouth, NH, Bennet Collins Hagerty
Blackburn Coons Hassan
other healthcare providers have the fi- said ‘‘the Medicare sequestration sus- Blumenthal Cortez Masto Hawley
nancial support they need to get pension, although not a cure, will help Blunt Cotton Heinrich
through the COVID–19 pandemic. us mitigate the added operating ex- Booker Cramer Hickenlooper
On March 25, 2020, this body came to- penses and losses we continue to expe- Boozman Crapo Hirono

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Braun Daines Hoeven
gether and passed the CARES Act, by a rience, especially with the exacerbated Brown Duckworth Inhofe
96–0 vote—exactly 1 year ago today. workforce shortage.’’ Burr Durbin Kaine
The CARES Act helped to provide the I have heard stories like these from Cantwell Ernst Kelly
resources needed to ramp up testing so many healthcare providers across Capito Feinstein Kennedy
Cardin Fischer King
and vaccine development, ensure that New Hampshire, and I believe there are Carper Gillibrand Klobuchar
small businesses would have support to healthcare providers in each of our Casey Graham Lankford

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S1804 CONGRESSIONAL RECORD — SENATE March 25, 2021
Leahy Peters Sinema The motion was agreed to. CLOTURE MOTION
Lee Portman Smith
We, the undersigned Senators, in accord-
Luján Reed Stabenow f
Lummis Risch Sullivan ance with the provisions of rule XXII of the
Manchin Romney Tester EXECUTIVE SESSION Standing Rules of the Senate, do hereby
Markey Rosen Thune move to bring to a close debate on the nomi-
Marshall Rounds Tillis nation of Executive Calendar No. 33, Gary
McConnell Rubio Van Hollen Gensler, of Maryland, to be a Member of the
Menendez Sanders Warner EXECUTIVE CALENDAR
Securities and Exchange Commission for the
Merkley Schatz Warnock
Murkowski Schumer Warren
Mr. SCHUMER. Madam President, I remainder of the term expiring June 5, 2021.
Murphy Scott (FL) Whitehouse move to proceed to executive session to Charles E. Schumer, Patrick J. Leahy,
Murray Scott (SC) Wicker consider Calendar No. 35. Richard J. Durbin, Christopher A.
Ossoff Shaheen Wyden The PRESIDING OFFICER. The Coons, Patty Murray, Jeff Merkley,
Padilla Shelby Young Tammy Baldwin, Elizabeth Warren,
question is on agreeing to the motion.
Robert Menendez, Richard Blumenthal,
NAYS—2 The motion was agreed to. Kirsten E. Gillibrand, Chris Van Hol-
Paul Toomey The PRESIDING OFFICER. The len, Ron Wyden, Angus S. King, Jr.,
NOT VOTING—8 clerk will report the nomination. Robert P. Casey, Jr., Amy Klobuchar,
Barrasso Hyde-Smith Sasse
The legislative clerk read the nomi- Christopher Murphy.
Cornyn Johnson Tuberville nation of Wendy Ruth Sherman, of f
Cruz Moran Maryland, to be Deputy Secretary of
LEGISLATIVE SESSION
The bill (H.R. 1868), as amended, was State.
CLOTURE MOTION
Mr. SCHUMER. Madam President, I
passed.
Mr. SCHUMER. Madam President, I move to proceed to legislative session.
The PRESIDING OFFICER (Ms. COR- The PRESIDING OFFICER. The
TEZ MASTO). On this vote, the yeas are send a cloture motion to the desk.
question is on the motion.
90, the nays are 2. The PRESIDING OFFICER. The clo- The motion was agreed to.
The 60-vote threshold having been ture motion having been presented
f
achieved, the bill, as amended, is under rule XXII, the Chair directs the
passed. clerk to read the motion. EXECUTIVE SESSION
The bill (H.R. 1868), as amended, The legislative clerk read as follows:
passed. The majority leader. CLOTURE MOTION
EXECUTIVE CALENDAR
f We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the Mr. SCHUMER. Madam President, I
EXECUTIVE SESSION Standing Rules of the Senate, do hereby move to proceed to executive session to
move to bring to a close debate on the nomi- consider Calendar No. 53.
nation of Executive Calendar No. 35, Wendy The PRESIDING OFFICER. The
EXECUTIVE CALENDAR Ruth Sherman, of Maryland, to be Deputy question is on agreeing to the motion.
Secretary of State. The motion was agreed to.
Mr. SCHUMER. Madam President, I Charles E. Schumer, Robert Menendez, The PRESIDING OFFICER. The
move to proceed to executive session to Chris Van Hollen, Tammy Baldwin, clerk will report the nomination.
consider Calendar No. 55. Richard J. Durbin, Thomas R. Carper, The legislative clerk read the nomi-
The PRESIDING OFFICER. The Tina Smith, Richard Blumenthal, Ben nation of Brenda Mallory, of Maryland,
question is on agreeing to the motion. Ray Luján, Debbie Stabenow, Ron
Wyden, Cory A. Booker, Alex Padilla,
to be a Member of the Council on Envi-
The motion was agreed to. ronmental Quality.
Jack Reed, Mark R. Warner, Chris Van
The PRESIDING OFFICER. The CLOTURE MOTION
Hollen, Robert P. Casey, Jr.
clerk will report the nomination. Mr. SCHUMER. Madam President, I
The legislative clerk read the nomi- f
send a cloture motion to the desk.
nation of Polly Ellen Trottenberg, of LEGISLATIVE SESSION The PRESIDING OFFICER. The clo-
New York, to be Deputy Secretary of ture motion having been presented
Transportation. Mr. SCHUMER. Madam President, I
move to proceed to legislative session. under rule XXII, the Chair directs the
CLOTURE MOTION
The PRESIDING OFFICER. The clerk to read the motion.
Mr. SCHUMER. Madam President, I The legislative clerk read as follows:
question is on agreeing to the motion.
send a cloture motion to the desk. The motion was agreed to.
CLOTURE MOTION
The PRESIDING OFFICER. The clo- We, the undersigned Senators, in accord-
ture motion having been presented f ance with the provisions of rule XXII of the
under rule XXII, the Chair directs the Standing Rules of the Senate, do hereby
EXECUTIVE SESSION move to bring to a close debate on the nomi-
clerk to read the motion.
nation of Executive Calendar No. 53, Brenda
The legislative clerk read as follows: Mallory, of Maryland, to be a Member of the
CLOTURE MOTION EXECUTIVE CALENDAR Council on Environmental Quality.
We, the undersigned Senators, in accord- Mr. SCHUMER. Madam President, I Charles E. Schumer, Ron Wyden, Maria
ance with the provisions of rule XXII of the Cantwell, Richard J. Durbin, Robert P.
move to proceed to executive session to Casey, Jr., Jeanne Shaheen, Tim
Standing Rules of the Senate, do hereby
move to bring to a close debate on the nomi- consider Calendar No. 33. Kaine, Angus S. King, Jr., Tammy
nation of Executive Calendar No. 55, Polly The PRESIDING OFFICER. The Duckworth, John Hickenlooper, Gary
Ellen Trottenberg, of New York, to be Dep- question is on agreeing to the motion. C. Peters, Brian Schatz, Patty Murray,
uty Secretary of Transportation. The motion was agreed to. Tina Smith, Mazie K. Hirono, Sheldon
Charles E. Schumer, Patrick J. Leahy, The PRESIDING OFFICER. The Whitehouse, Alex Padilla.
Richard J. Durbin, Christopher A. clerk will report the nomination. f
Coons, Patty Murray, Jeff Merkley, The legislative clerk read the nomi-
Tammy Baldwin, Elizabeth Warren, LEGISLATIVE SESSION
nation of Gary Gensler, of Maryland, to
Robert Menendez, Richard Blumenthal, Mr. SCHUMER. Madam President, I
Kirsten E. Gillibrand, Chris Van Hol- be a Member of the Securities and Ex-
change Commission for the remainder move to proceed to legislative session.
len, Ron Wyden, Angus S. King, Jr., The PRESIDING OFFICER. The
Robert P. Casey, Jr., Amy Klobuchar, of the term expiring June 5, 2021.
question is on agreeing to the motion.
Christopher Murphy. CLOTURE MOTION
The motion was agreed to.
f Mr. SCHUMER. Madam President, I f

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send a cloture motion to the desk.
LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- COVID–19 HATE CRIMES ACT—
Mr. SCHUMER. Madam President, I ture motion having been presented Motion to Proceed
move to proceed to legislative session. under rule XXII, the Chair directs the Mr. SCHUMER. Madam President, I
The PRESIDING OFFICER. The clerk to read the motion. move to proceed to Calendar No. 13, S.
question is on agreeing to the motion. The legislative clerk read as follows: 937.

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